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To amend the Small Business Act to reauthorize the SCORE program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the SCORE for Small Business Act of 2022.", "id": "H7DD69330580C4442B79A54EABB7FFC08", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Administration; Administrator \nThe terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (2) SCORE Association; SCORE Program \nThe terms SCORE Association and SCORE program have the meanings given those terms in subsection (gg) of section 3 of the Small Business Act ( 15 U.S.C. 632 ), as added by section 6 of this Act. (3) Small business concern \nThe term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ).", "id": "H8464BF8C4D33496BA95E08C4B4A4FFC0", "header": "Definitions" }, { "text": "3. SCORE Program provisions and requirements \nSection 8 of the Small Business Act ( 15 U.S.C. 637 ) is amended— (1) in subsection (b)(1)(B)— (A) by striking a Service Corps of Retired Executives (SCORE) and inserting the SCORE program ; and (B) by striking SCORE may and inserting the SCORE Association may ; and (2) by striking subsection (c) and inserting the following: (c) SCORE program \n(1) Cooperative agreement \nThe Administrator shall enter into a cooperative agreement with the SCORE Association to carry out the SCORE program, which shall include the following requirements: (A) Administrator duties \nThe Administrator shall— (i) every 2 years, conduct a financial examination of the SCORE Association to ensure that any costs paid for with Federal funds are allowable, allocable, and reasonable; (ii) review and approve contracts entered into by the SCORE Association to provide goods or services for the SCORE program of a value greater than an amount determined by the Administrator; (iii) maintain a system through which the SCORE Association provides documentation relating to those contracts; and (iv) not later than 30 days after the receipt of a quarterly report on the achievements of the SCORE program submitted by the SCORE Association, reconcile differences between that report and the performance results of the SCORE program reported in a management information system of the Office of Entrepreneurial Development. (B) SCORE Association duties \nThe SCORE Association shall— (i) manage nationwide chapters of the SCORE program; (ii) provide annual training to employees of the SCORE Association on generating and using program income from the SCORE program; (iii) submit documentation to the Administrator verifying the annual training is completed; (iv) maintain separation of funds donated to the SCORE Association from program income and funds received pursuant to a cooperative agreement; and (v) maintain and enforce requirements for volunteers participating in the SCORE program, including requirements that each volunteer shall— (I) based on the business experience and knowledge of the volunteer— (aa) provide personal counseling, mentoring, and coaching on the process of starting, expanding, managing, buying, and selling a business at no cost to individuals who own, or aspire to own, small business concerns; and (bb) facilitate free or low-cost education workshops for individuals who own, or aspire to own, small business concerns; and (II) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. (C) Joint duties \nThe Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program— (i) develop and implement plans and goals to effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, or other traditionally underserved communities, including plans for virtual, remote, and web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program; and (ii) reinforce an inclusive culture by recruiting diverse volunteers for the chapters of the SCORE program. (2) Online component \nIn addition to providing in-person services, the SCORE Association shall maintain and expand online counseling services including webinars, electronic mentoring platforms, and online toolkits to further support entrepreneurs. (3) Accounting \nThe SCORE Association shall— (A) maintain a centralized accounting and financing system for each chapter of the SCORE program; (B) maintain a uniform policy and procedures to manage Federal funds received pursuant to a cooperative agreement described in paragraph (1); and (C) maintain an employee of the SCORE Association to serve as a compliance officer to ensure expenditures of the SCORE program are fully compliant with any law, regulation, or cooperative agreement relating to the SCORE program. (4) Compensation \nThe SCORE Association shall— (A) maintain a documented compensation policy that— (i) specifies the maximum rate of pay allowable for any individual in the SCORE Association; (ii) specifies the maximum percent of the aggregate salaries of employees of the SCORE Association that may be spent on individual performance awards to employees of the SCORE Association; and (iii) shall be reviewed annually by the SCORE Association and the Administrator; (B) prohibit payment of salaries or performance awards that exceed the limits set by the SCORE Association compensation policy; and (C) prohibit members of the Board of Directors of the SCORE Association or any employees of the SCORE Association from simultaneously serving on the Board of Directors of, or receiving compensation from, the SCORE Foundation without written approval from the Administrator. (5) Whistleblower protection requirements \nThe SCORE Association shall— (A) annually update all manuals or other documents applicable to employees and volunteers of the SCORE Association or the SCORE program to include requirements relating to reporting procedures and protections for whistleblowers; and (B) conduct an annual training for employees and volunteers of the SCORE Association or the SCORE program on the requirements described in subparagraph (A) and encourage the use of the hotline established by the Office of the Inspector General of the Administration to submit whistleblower reports. (6) Published materials \nThe SCORE Association shall ensure all published materials include written acknowledgment of Administration support of the SCORE program if those materials are paid for in whole or in part by Federal funds. (7) Privacy requirements \n(A) In general \nNeither the Administrator nor the SCORE Association may disclose the name, email address, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of the individual or small business concern, unless— (i) the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (ii) the Administrator determines that a disclosure is necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. (B) Administrator use of information \nThis paragraph shall not— (i) restrict the access of the Administrator to SCORE program activity data; or (ii) prevent the Administrator from using SCORE program client information to conduct client surveys. (C) Standards \n(i) In general \nThe Administrator shall, after opportunity for notice and comment, establish standards for— (I) disclosures with respect to financial audits described in subparagraph (A)(ii); and (II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. (ii) Maximum privacy protection \nThe standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. (8) Annual report \nNot later than 180 days after the date of enactment of the SCORE for Small Business Act of 2022 and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the SCORE program, which may be included as part of another report submitted to those committees by the Administrator, and which shall include— (A) the total number and the number of unique clients counseled or trained under the SCORE program; (B) the total number of hours of counseling or training provided under the SCORE program; (C) the total number of local workshops provided under the SCORE program; (D) the total number of clients attending online and local workshops provided under the SCORE program; (E) to the extent practicable, the demographics of SCORE program clients and volunteers, which shall include the gender, race, ethnicity, and age of each client or volunteer; (F) the number of SCORE program clients and volunteers who are veterans; (G) with respect to businesses assisted under the SCORE program, the cost to create a job, the cost to create a business, and return on investment; (H) the number of referrals of SCORE program clients to other resources and programs of the Administration; (I) the results of SCORE program client satisfactory surveys, including a summary of any comments received from those clients; (J) the number of new businesses started by SCORE program clients; (K) the percentage of businesses assisted by the SCORE program realizing revenue growth; (L) to the extent practicable, the number of jobs created with assistance from the SCORE program; (M) the total cost of the SCORE program; (N) any recommendations of the Administrator to improve the SCORE program; (O) an explanation of how the SCORE program has been integrated with— (i) small business development centers; (ii) women’s business centers described in section 29; (iii) Veteran Business Outreach Centers described in section 32; (iv) other offices of the Administration; and (v) other public and private entities engaging in entrepreneurial and small business development; (P) the SCORE compensation policy for the relevant fiscal year, including— (i) a list of any changes to the compensation policy since the previous fiscal year; and (ii) justification if the maximum rate of pay allowable for any individual in the SCORE Association exceeds the maximum rate of pay allowable for an individual in the career Senior Executive Service employed at the Administration; (Q) the names, positions, and salaries of any employees of the SCORE Association whose salaries exceed the maximum rate of pay allowable per the SCORE compensation policy; (R) the percent of the aggregate salaries of employees of the SCORE Association spent on individual performance awards to employees of the SCORE Association, with a justification if this amount exceeds 10 percent; (S) the total amount of performance awards that have been disbursed or will be disbursed after the last day of the fiscal year in which the awards were earned and a justification for any awards that have been disbursed or will be disbursed outside the fiscal year in which the awards were earned; and (T) the names, positions, and salaries of any members of the Board of Directors of the SCORE Association or any employees of the SCORE Association that simultaneously serve on the Board of Directors of, or receive compensation from, the SCORE Foundation without written approval of the Administrator..", "id": "HE53CBB533FE04A5E869F930F6715373B", "header": "SCORE Program provisions and requirements" }, { "text": "4. Authorization of appropriations for the SCORE program \nSection 20 of the Small Business Act ( 15 U.S.C. 631 note) is amended by adding at the end the following: (i) SCORE program \nThere are authorized to be appropriated to the Administrator to carry out the SCORE program such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $18,000,000 in each of fiscal years 2023 and 2024..", "id": "H47B2D3DA078E4259A27FA7A9107D62B8", "header": "Authorization of appropriations for the SCORE program" }, { "text": "5. Reporting requirements \n(a) Study and report on the future role of the SCORE program \n(1) Study \nThe SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (2) Report \nNot later than 180 days after the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing— (A) all findings and determinations made in carrying out the study required under paragraph (1); (B) the strategic plan developed under paragraph (1); and (C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels. (b) Administrator report on leased space \nNot later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing an assessment of the cost of leased space that is donated to the SCORE Association. (c) Online component report \nNot later than 3 months after the last day of the first full fiscal year following the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the online counseling services required under paragraph (2) of section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ), as added by section 3 of this Act, including a description of— (1) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (2) the internal controls that are used and a summary of the topics covered by the webinars; and (3) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards those online counseling services.", "id": "H9D1AC3FCF07F45779AB56B6ED6216509", "header": "Reporting requirements" }, { "text": "6. Technical and conforming amendments \n(a) Small Business Act \nThe Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 3 ( 15 U.S.C. 632 ), by adding at the end the following: (gg) SCORE program definitions \nIn this Act: (1) SCORE program \nThe term SCORE program means the Service Corps of Retired Executives program described in section 8(c). (2) SCORE Association \nThe term SCORE Association means the Service Corps of Retired Executives Association or any successor or other organization that enters into a cooperative agreement described in section 8(c)(1) with the Administrator to operate the SCORE program. (3) SCORE Foundation \nThe term SCORE Foundation means an organization with a mission to support the SCORE Association and volunteers of the SCORE program. ; (2) in section 7 ( 15 U.S.C. 636 )— (A) in subsection (b)(12)— (i) in the paragraph heading, by striking score and inserting SCORE program ; and (ii) in subparagraph (A), by striking Service Corps of Retired Executives and inserting SCORE program ; and (B) in subsection (m)(3)(A)(i)(VIII), by striking Service Corps of Retired Executives and inserting SCORE program ; (3) in section 20 ( 15 U.S.C. 631 note), in subparagraph (d)(1)(E) by striking Service Corps of Retired Executives program and inserting SCORE program ; and (4) in section 22 ( 15 U.S.C. 649 )— (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives authorized by section (8)(b)(1) and inserting SCORE program ; and (ii) in paragraph (3), by striking Service Corps of Retired Executives and inserting SCORE program ; and (B) in subsection (c)(12), by striking Service Corps of Retired Executives authorized by section 8(b)(1) and inserting SCORE program. (b) Other laws \n(1) Small Business Reauthorization Act of 1997 \nSection 707 of the Small Business Reauthorization Act of 1997 ( 15 U.S.C. 631 note) is amended by striking Service Corps of Retired Executives (SCORE) program and inserting SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ). (2) Veterans Entrepreneurship and Small Business Development Act of 1999 \nSection 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note) is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking Service Core of Retired Executives (described in section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ) and in this section referred to as SCORE ) and inserting SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ) (in this section referred to as the SCORE program ) ; (ii) in paragraphs (1), (2), and (3), by striking SCORE each place the term appears and inserting the SCORE program ; and (iii) in paragraph (2), by striking the before establishing ; and (B) in subsection (b), by striking SCORE each place the term appears and inserting the SCORE program. (3) Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 \nThe Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ( 15 U.S.C. 636 note) is amended— (A) in section 3, by striking paragraph (5) and inserting the following: (5) the term SCORE program means the SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ); ; and (B) in section 201(c)(2)(B)(i), by striking Service Corps of Retired Executives and inserting SCORE program. (4) Children’s Health Insurance Program Reauthorization Act of 2009 \nSection 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p ) is amended— (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program means the SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ); ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives and inserting SCORE program. (5) Energy Policy and Conservation Act \nSection 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) ) is amended by striking Service Corps of Retired Executives (SCORE) and inserting SCORE program.", "id": "H2EA6F04E00F749269FCCB8EAD4FB11E4", "header": "Technical and conforming amendments" } ]
6
1. Short title This Act may be cited as the SCORE for Small Business Act of 2022. 2. Definitions In this Act: (1) Administration; Administrator The terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (2) SCORE Association; SCORE Program The terms SCORE Association and SCORE program have the meanings given those terms in subsection (gg) of section 3 of the Small Business Act ( 15 U.S.C. 632 ), as added by section 6 of this Act. (3) Small business concern The term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 3. SCORE Program provisions and requirements Section 8 of the Small Business Act ( 15 U.S.C. 637 ) is amended— (1) in subsection (b)(1)(B)— (A) by striking a Service Corps of Retired Executives (SCORE) and inserting the SCORE program ; and (B) by striking SCORE may and inserting the SCORE Association may ; and (2) by striking subsection (c) and inserting the following: (c) SCORE program (1) Cooperative agreement The Administrator shall enter into a cooperative agreement with the SCORE Association to carry out the SCORE program, which shall include the following requirements: (A) Administrator duties The Administrator shall— (i) every 2 years, conduct a financial examination of the SCORE Association to ensure that any costs paid for with Federal funds are allowable, allocable, and reasonable; (ii) review and approve contracts entered into by the SCORE Association to provide goods or services for the SCORE program of a value greater than an amount determined by the Administrator; (iii) maintain a system through which the SCORE Association provides documentation relating to those contracts; and (iv) not later than 30 days after the receipt of a quarterly report on the achievements of the SCORE program submitted by the SCORE Association, reconcile differences between that report and the performance results of the SCORE program reported in a management information system of the Office of Entrepreneurial Development. (B) SCORE Association duties The SCORE Association shall— (i) manage nationwide chapters of the SCORE program; (ii) provide annual training to employees of the SCORE Association on generating and using program income from the SCORE program; (iii) submit documentation to the Administrator verifying the annual training is completed; (iv) maintain separation of funds donated to the SCORE Association from program income and funds received pursuant to a cooperative agreement; and (v) maintain and enforce requirements for volunteers participating in the SCORE program, including requirements that each volunteer shall— (I) based on the business experience and knowledge of the volunteer— (aa) provide personal counseling, mentoring, and coaching on the process of starting, expanding, managing, buying, and selling a business at no cost to individuals who own, or aspire to own, small business concerns; and (bb) facilitate free or low-cost education workshops for individuals who own, or aspire to own, small business concerns; and (II) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. (C) Joint duties The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program— (i) develop and implement plans and goals to effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, or other traditionally underserved communities, including plans for virtual, remote, and web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program; and (ii) reinforce an inclusive culture by recruiting diverse volunteers for the chapters of the SCORE program. (2) Online component In addition to providing in-person services, the SCORE Association shall maintain and expand online counseling services including webinars, electronic mentoring platforms, and online toolkits to further support entrepreneurs. (3) Accounting The SCORE Association shall— (A) maintain a centralized accounting and financing system for each chapter of the SCORE program; (B) maintain a uniform policy and procedures to manage Federal funds received pursuant to a cooperative agreement described in paragraph (1); and (C) maintain an employee of the SCORE Association to serve as a compliance officer to ensure expenditures of the SCORE program are fully compliant with any law, regulation, or cooperative agreement relating to the SCORE program. (4) Compensation The SCORE Association shall— (A) maintain a documented compensation policy that— (i) specifies the maximum rate of pay allowable for any individual in the SCORE Association; (ii) specifies the maximum percent of the aggregate salaries of employees of the SCORE Association that may be spent on individual performance awards to employees of the SCORE Association; and (iii) shall be reviewed annually by the SCORE Association and the Administrator; (B) prohibit payment of salaries or performance awards that exceed the limits set by the SCORE Association compensation policy; and (C) prohibit members of the Board of Directors of the SCORE Association or any employees of the SCORE Association from simultaneously serving on the Board of Directors of, or receiving compensation from, the SCORE Foundation without written approval from the Administrator. (5) Whistleblower protection requirements The SCORE Association shall— (A) annually update all manuals or other documents applicable to employees and volunteers of the SCORE Association or the SCORE program to include requirements relating to reporting procedures and protections for whistleblowers; and (B) conduct an annual training for employees and volunteers of the SCORE Association or the SCORE program on the requirements described in subparagraph (A) and encourage the use of the hotline established by the Office of the Inspector General of the Administration to submit whistleblower reports. (6) Published materials The SCORE Association shall ensure all published materials include written acknowledgment of Administration support of the SCORE program if those materials are paid for in whole or in part by Federal funds. (7) Privacy requirements (A) In general Neither the Administrator nor the SCORE Association may disclose the name, email address, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of the individual or small business concern, unless— (i) the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (ii) the Administrator determines that a disclosure is necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. (B) Administrator use of information This paragraph shall not— (i) restrict the access of the Administrator to SCORE program activity data; or (ii) prevent the Administrator from using SCORE program client information to conduct client surveys. (C) Standards (i) In general The Administrator shall, after opportunity for notice and comment, establish standards for— (I) disclosures with respect to financial audits described in subparagraph (A)(ii); and (II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. (ii) Maximum privacy protection The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. (8) Annual report Not later than 180 days after the date of enactment of the SCORE for Small Business Act of 2022 and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the SCORE program, which may be included as part of another report submitted to those committees by the Administrator, and which shall include— (A) the total number and the number of unique clients counseled or trained under the SCORE program; (B) the total number of hours of counseling or training provided under the SCORE program; (C) the total number of local workshops provided under the SCORE program; (D) the total number of clients attending online and local workshops provided under the SCORE program; (E) to the extent practicable, the demographics of SCORE program clients and volunteers, which shall include the gender, race, ethnicity, and age of each client or volunteer; (F) the number of SCORE program clients and volunteers who are veterans; (G) with respect to businesses assisted under the SCORE program, the cost to create a job, the cost to create a business, and return on investment; (H) the number of referrals of SCORE program clients to other resources and programs of the Administration; (I) the results of SCORE program client satisfactory surveys, including a summary of any comments received from those clients; (J) the number of new businesses started by SCORE program clients; (K) the percentage of businesses assisted by the SCORE program realizing revenue growth; (L) to the extent practicable, the number of jobs created with assistance from the SCORE program; (M) the total cost of the SCORE program; (N) any recommendations of the Administrator to improve the SCORE program; (O) an explanation of how the SCORE program has been integrated with— (i) small business development centers; (ii) women’s business centers described in section 29; (iii) Veteran Business Outreach Centers described in section 32; (iv) other offices of the Administration; and (v) other public and private entities engaging in entrepreneurial and small business development; (P) the SCORE compensation policy for the relevant fiscal year, including— (i) a list of any changes to the compensation policy since the previous fiscal year; and (ii) justification if the maximum rate of pay allowable for any individual in the SCORE Association exceeds the maximum rate of pay allowable for an individual in the career Senior Executive Service employed at the Administration; (Q) the names, positions, and salaries of any employees of the SCORE Association whose salaries exceed the maximum rate of pay allowable per the SCORE compensation policy; (R) the percent of the aggregate salaries of employees of the SCORE Association spent on individual performance awards to employees of the SCORE Association, with a justification if this amount exceeds 10 percent; (S) the total amount of performance awards that have been disbursed or will be disbursed after the last day of the fiscal year in which the awards were earned and a justification for any awards that have been disbursed or will be disbursed outside the fiscal year in which the awards were earned; and (T) the names, positions, and salaries of any members of the Board of Directors of the SCORE Association or any employees of the SCORE Association that simultaneously serve on the Board of Directors of, or receive compensation from, the SCORE Foundation without written approval of the Administrator.. 4. Authorization of appropriations for the SCORE program Section 20 of the Small Business Act ( 15 U.S.C. 631 note) is amended by adding at the end the following: (i) SCORE program There are authorized to be appropriated to the Administrator to carry out the SCORE program such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $18,000,000 in each of fiscal years 2023 and 2024.. 5. Reporting requirements (a) Study and report on the future role of the SCORE program (1) Study The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (2) Report Not later than 180 days after the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing— (A) all findings and determinations made in carrying out the study required under paragraph (1); (B) the strategic plan developed under paragraph (1); and (C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels. (b) Administrator report on leased space Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing an assessment of the cost of leased space that is donated to the SCORE Association. (c) Online component report Not later than 3 months after the last day of the first full fiscal year following the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the online counseling services required under paragraph (2) of section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ), as added by section 3 of this Act, including a description of— (1) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (2) the internal controls that are used and a summary of the topics covered by the webinars; and (3) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards those online counseling services. 6. Technical and conforming amendments (a) Small Business Act The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 3 ( 15 U.S.C. 632 ), by adding at the end the following: (gg) SCORE program definitions In this Act: (1) SCORE program The term SCORE program means the Service Corps of Retired Executives program described in section 8(c). (2) SCORE Association The term SCORE Association means the Service Corps of Retired Executives Association or any successor or other organization that enters into a cooperative agreement described in section 8(c)(1) with the Administrator to operate the SCORE program. (3) SCORE Foundation The term SCORE Foundation means an organization with a mission to support the SCORE Association and volunteers of the SCORE program. ; (2) in section 7 ( 15 U.S.C. 636 )— (A) in subsection (b)(12)— (i) in the paragraph heading, by striking score and inserting SCORE program ; and (ii) in subparagraph (A), by striking Service Corps of Retired Executives and inserting SCORE program ; and (B) in subsection (m)(3)(A)(i)(VIII), by striking Service Corps of Retired Executives and inserting SCORE program ; (3) in section 20 ( 15 U.S.C. 631 note), in subparagraph (d)(1)(E) by striking Service Corps of Retired Executives program and inserting SCORE program ; and (4) in section 22 ( 15 U.S.C. 649 )— (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives authorized by section (8)(b)(1) and inserting SCORE program ; and (ii) in paragraph (3), by striking Service Corps of Retired Executives and inserting SCORE program ; and (B) in subsection (c)(12), by striking Service Corps of Retired Executives authorized by section 8(b)(1) and inserting SCORE program. (b) Other laws (1) Small Business Reauthorization Act of 1997 Section 707 of the Small Business Reauthorization Act of 1997 ( 15 U.S.C. 631 note) is amended by striking Service Corps of Retired Executives (SCORE) program and inserting SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ). (2) Veterans Entrepreneurship and Small Business Development Act of 1999 Section 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note) is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking Service Core of Retired Executives (described in section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ) and in this section referred to as SCORE ) and inserting SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ) (in this section referred to as the SCORE program ) ; (ii) in paragraphs (1), (2), and (3), by striking SCORE each place the term appears and inserting the SCORE program ; and (iii) in paragraph (2), by striking the before establishing ; and (B) in subsection (b), by striking SCORE each place the term appears and inserting the SCORE program. (3) Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 The Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ( 15 U.S.C. 636 note) is amended— (A) in section 3, by striking paragraph (5) and inserting the following: (5) the term SCORE program means the SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ); ; and (B) in section 201(c)(2)(B)(i), by striking Service Corps of Retired Executives and inserting SCORE program. (4) Children’s Health Insurance Program Reauthorization Act of 2009 Section 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p ) is amended— (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program means the SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ); ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives and inserting SCORE program. (5) Energy Policy and Conservation Act Section 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) ) is amended by striking Service Corps of Retired Executives (SCORE) and inserting SCORE program.
18,651
117s4881is
117
s
4,881
is
To amend the Small Business Act to include requirements relating to graduates of career and technical education programs or programs of study for small business development centers and women’s business centers, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Supporting Small Business and Career and Technical Education Act of 2022.", "id": "H342EC61183994569BDA0172A8BF34420", "header": "Short title" }, { "text": "2. Inclusion of career and technical education \n(a) Definition \nSection 3 of the Small Business Act ( 15 U.S.C. 632 ) is amended by adding at the end the following: (gg) Career and technical education \nThe term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ).. (b) Small business development centers \nSection 21(c)(3) of the Small Business Act ( 15 U.S.C. 648(c)(3) ) is amended— (1) in subparagraph (T), by striking and at the end; (2) in clause (v) of the first subparagraph (U) (relating to succession planning), by striking the period at the end and inserting a semicolon; (3) by redesignating the second subparagraph (U) (relating to training on domestic and international intellectual property protections) as subparagraph (V); (4) in subparagraph (V)(ii)(II), as so redesignated, by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (W) assisting small business concerns in hiring graduates from career and technical education programs or programs of study; and (X) assisting graduates of career and technical education programs or programs of study in starting up a small business concern.. (c) Women’s business centers \nSection 29(b) of the Small Business Act ( 15 U.S.C. 656(b) ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (4) assistance for small business concerns to hire graduates from career and technical education programs or programs of study; and (5) assistance for graduates of career and technical education programs or programs of study to start up a small business concern..", "id": "H6143D27F91394A5B8421850F70775B57", "header": "Inclusion of career and technical education" } ]
2
1. Short title This Act may be cited as the Supporting Small Business and Career and Technical Education Act of 2022. 2. Inclusion of career and technical education (a) Definition Section 3 of the Small Business Act ( 15 U.S.C. 632 ) is amended by adding at the end the following: (gg) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ).. (b) Small business development centers Section 21(c)(3) of the Small Business Act ( 15 U.S.C. 648(c)(3) ) is amended— (1) in subparagraph (T), by striking and at the end; (2) in clause (v) of the first subparagraph (U) (relating to succession planning), by striking the period at the end and inserting a semicolon; (3) by redesignating the second subparagraph (U) (relating to training on domestic and international intellectual property protections) as subparagraph (V); (4) in subparagraph (V)(ii)(II), as so redesignated, by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (W) assisting small business concerns in hiring graduates from career and technical education programs or programs of study; and (X) assisting graduates of career and technical education programs or programs of study in starting up a small business concern.. (c) Women’s business centers Section 29(b) of the Small Business Act ( 15 U.S.C. 656(b) ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (4) assistance for small business concerns to hire graduates from career and technical education programs or programs of study; and (5) assistance for graduates of career and technical education programs or programs of study to start up a small business concern..
1,925
117s2703is
117
s
2,703
is
To amend the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 to require insurance agents who sell flood insurance policies under the National Flood Insurance Program to take certain continuing education courses, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Flood Insurance Continuing Education and Training Act.", "id": "S1", "header": "Short title" }, { "text": "2. Continuing education for insurance agents \n(a) In general \nThe Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended— (1) in section 201 ( 42 U.S.C. 4011 note)— (A) in paragraph (1), by striking Director of the and inserting Administrator of the ; and (B) in paragraph (2), by inserting 4001 after U.S.C. ; and (2) by striking section 207 ( 42 U.S.C. 4011 note) and inserting the following: 207. Continuing education requirements for insurance agents \n(a) In general \nThe Director shall require each insurance agent who sells flood insurance policies to, once every 2 years, complete a 3-hour continuing education course that— (1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and (2) focuses on issues with respect to the Program. (b) Failure To complete course \nIf an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not— (1) sell flood insurance policies; or (2) perform any duties with respect to the Program. (c) Agents licensed in multiple States \n(1) In general \nIf an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State— (A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and (B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. (2) Effect of denial \nIf an insurance commissioner of a State (referred to in this paragraph as the rejecting commissioner ) determines under paragraph (1)(B) that a continuing education course taken in another State by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner, the insurance agent may not take any action described in paragraph (1) or (2) of subsection (b) until the agent satisfies the minimum requirements established by the rejecting commissioner. (d) Rule of construction \nAny reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner.. (b) Technical and conforming amendment \nThe table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended by striking the item relating to section 207 and inserting the following: Sec. 207. Continuing education requirements for insurance agents..", "id": "id3EF6409691874FBB83F8F926BD0B2D78", "header": "Continuing education for insurance agents" }, { "text": "207. Continuing education requirements for insurance agents \n(a) In general \nThe Director shall require each insurance agent who sells flood insurance policies to, once every 2 years, complete a 3-hour continuing education course that— (1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and (2) focuses on issues with respect to the Program. (b) Failure To complete course \nIf an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not— (1) sell flood insurance policies; or (2) perform any duties with respect to the Program. (c) Agents licensed in multiple States \n(1) In general \nIf an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State— (A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and (B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. (2) Effect of denial \nIf an insurance commissioner of a State (referred to in this paragraph as the rejecting commissioner ) determines under paragraph (1)(B) that a continuing education course taken in another State by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner, the insurance agent may not take any action described in paragraph (1) or (2) of subsection (b) until the agent satisfies the minimum requirements established by the rejecting commissioner. (d) Rule of construction \nAny reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner.", "id": "idE6FC92D5609F4196A0584AE77EFDB0F7", "header": "Continuing education requirements for insurance agents" } ]
3
1. Short title This Act may be cited as the Flood Insurance Continuing Education and Training Act. 2. Continuing education for insurance agents (a) In general The Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended— (1) in section 201 ( 42 U.S.C. 4011 note)— (A) in paragraph (1), by striking Director of the and inserting Administrator of the ; and (B) in paragraph (2), by inserting 4001 after U.S.C. ; and (2) by striking section 207 ( 42 U.S.C. 4011 note) and inserting the following: 207. Continuing education requirements for insurance agents (a) In general The Director shall require each insurance agent who sells flood insurance policies to, once every 2 years, complete a 3-hour continuing education course that— (1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and (2) focuses on issues with respect to the Program. (b) Failure To complete course If an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not— (1) sell flood insurance policies; or (2) perform any duties with respect to the Program. (c) Agents licensed in multiple States (1) In general If an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State— (A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and (B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. (2) Effect of denial If an insurance commissioner of a State (referred to in this paragraph as the rejecting commissioner ) determines under paragraph (1)(B) that a continuing education course taken in another State by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner, the insurance agent may not take any action described in paragraph (1) or (2) of subsection (b) until the agent satisfies the minimum requirements established by the rejecting commissioner. (d) Rule of construction Any reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner.. (b) Technical and conforming amendment The table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended by striking the item relating to section 207 and inserting the following: Sec. 207. Continuing education requirements for insurance agents.. 207. Continuing education requirements for insurance agents (a) In general The Director shall require each insurance agent who sells flood insurance policies to, once every 2 years, complete a 3-hour continuing education course that— (1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and (2) focuses on issues with respect to the Program. (b) Failure To complete course If an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not— (1) sell flood insurance policies; or (2) perform any duties with respect to the Program. (c) Agents licensed in multiple States (1) In general If an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State— (A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and (B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. (2) Effect of denial If an insurance commissioner of a State (referred to in this paragraph as the rejecting commissioner ) determines under paragraph (1)(B) that a continuing education course taken in another State by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner, the insurance agent may not take any action described in paragraph (1) or (2) of subsection (b) until the agent satisfies the minimum requirements established by the rejecting commissioner. (d) Rule of construction Any reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner.
5,309
117s1108is
117
s
1,108
is
To regulate large capacity ammunition feeding devices.
[ { "text": "1. Short title \nThis Act may be cited as the Keep Americans Safe Act.", "id": "ID38efa24d7b1241a99c445ac0bb0e0d9e", "header": "Short title" }, { "text": "2. Definitions \nSection 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following: (30) The term large capacity ammunition feeding device — (A) means a magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber rimfire ammunition. (31) The term qualified law enforcement officer has the meaning given the term in section 926B..", "id": "idB358F23B9F404E71B1792969BB70574F", "header": "Definitions" }, { "text": "3. Restrictions on\t\t\t large capacity ammunition feeding devices \n(a) In general \nSection 922 of title 18, United States Code, is amended by inserting after subsection (u) the following: (v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Keep Americans Safe Act. (3) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off-duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off-duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or (D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (4) For purposes of paragraph (3)(A), the term campus law enforcement officer means an individual who is— (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.); (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer.. (b) Identification markings for large capacity ammunition feeding devices \nSection 923(i) of title 18, United States Code, is amended by adding at the end the following: A large capacity ammunition feeding device manufactured after the date of enactment of the Keep Americans Safe Act shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe.. (c) Seizure and forfeiture of large capacity ammunition feeding devices \nSection 924(d) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in the first sentence— (i) by striking Any firearm or ammunition involved in and inserting Any firearm or ammunition or large capacity ammunition feeding device involved in ; (ii) by striking or (k) and inserting (k), or (v) ; and (iii) by striking any firearm or ammunition intended and inserting any firearm or ammunition or large capacity ammunition feeding device intended ; and (B) in the second and third sentences, by inserting or large capacity ammunition feeding device after firearms or ammunition each place the term appears; (2) in paragraph (2)— (A) in subparagraph (A), by inserting or large capacity ammunition feeding device after firearms or ammunition ; and (B) in subparagraph (C), by inserting or large capacity ammunition feeding devices after firearms or quantities of ammunition ; and (3) in paragraph (3)(E), by inserting 922(v), after 922(n),.", "id": "ID82e18a34be8e4ef3aa71161efa70cb37", "header": "Restrictions on\n\t\t\t large capacity ammunition feeding devices" }, { "text": "4. Penalties \nSection 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) and inserting (q), or (v).", "id": "IDab7022d0a6ef44ac817487b99423bbcc", "header": "Penalties" }, { "text": "5. Use of Byrne\t\t\t grants for buy-back programs for large capacity ammunition feeding devices \nSection 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152(a)(1) ) is amended by adding at the end the following: (I) Compensation for surrendered large capacity ammunition feeding devices, as that term is defined in section 921 of title 18, United States Code, under buy-back programs for large capacity ammunition feeding devices..", "id": "id5B46894C9F444223A47BE71B84403FCD", "header": "Use of Byrne\n\t\t\t grants for buy-back programs for large capacity ammunition feeding\n devices" }, { "text": "6. Severability \nIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.", "id": "id38C0D72683644C228A4C4F317ACA3A55", "header": "Severability" } ]
6
1. Short title This Act may be cited as the Keep Americans Safe Act. 2. Definitions Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following: (30) The term large capacity ammunition feeding device — (A) means a magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber rimfire ammunition. (31) The term qualified law enforcement officer has the meaning given the term in section 926B.. 3. Restrictions on large capacity ammunition feeding devices (a) In general Section 922 of title 18, United States Code, is amended by inserting after subsection (u) the following: (v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Keep Americans Safe Act. (3) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off-duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off-duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or (D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (4) For purposes of paragraph (3)(A), the term campus law enforcement officer means an individual who is— (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.); (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer.. (b) Identification markings for large capacity ammunition feeding devices Section 923(i) of title 18, United States Code, is amended by adding at the end the following: A large capacity ammunition feeding device manufactured after the date of enactment of the Keep Americans Safe Act shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe.. (c) Seizure and forfeiture of large capacity ammunition feeding devices Section 924(d) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in the first sentence— (i) by striking Any firearm or ammunition involved in and inserting Any firearm or ammunition or large capacity ammunition feeding device involved in ; (ii) by striking or (k) and inserting (k), or (v) ; and (iii) by striking any firearm or ammunition intended and inserting any firearm or ammunition or large capacity ammunition feeding device intended ; and (B) in the second and third sentences, by inserting or large capacity ammunition feeding device after firearms or ammunition each place the term appears; (2) in paragraph (2)— (A) in subparagraph (A), by inserting or large capacity ammunition feeding device after firearms or ammunition ; and (B) in subparagraph (C), by inserting or large capacity ammunition feeding devices after firearms or quantities of ammunition ; and (3) in paragraph (3)(E), by inserting 922(v), after 922(n),. 4. Penalties Section 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) and inserting (q), or (v). 5. Use of Byrne grants for buy-back programs for large capacity ammunition feeding devices Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152(a)(1) ) is amended by adding at the end the following: (I) Compensation for surrendered large capacity ammunition feeding devices, as that term is defined in section 921 of title 18, United States Code, under buy-back programs for large capacity ammunition feeding devices.. 6. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.
6,284
117s978is
117
s
978
is
To provide for the adjustment or modification by the Secretary of Agriculture of loans for critical rural utility service providers, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Flexible Financing for Rural America Act of 2021.", "id": "id983A37709633442985BEEDBD7BEDAC45", "header": "Short title" }, { "text": "2. Loan adjustments for critical rural utility service providers \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the borrower of a qualified loan described in subsection (b) may submit to the Secretary of Agriculture (referred to in this section as the Secretary ) a request to adjust the interest rate or modify any other term of the qualified loan, which shall include a report summarizing how the adjustment or modification will assist the borrower in providing critical utility services to a rural community. (b) Qualified loan described \nA qualified loan referred to in subsection (a) is a loan made or guaranteed on or before the date of enactment of this Act under— (1) section 4, 201, 305, 306, or 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 904 , 922, 935, 936, 950bb); or (2) the program carried out under the matter under the heading Distance Learning, Telemedicine, and Broadband Program in title I of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ; 123 Stat. 118) (commonly known as the Broadband Initiatives Program ). (c) Adjustment of interest rate; modification of loan terms \n(1) In general \nOn receipt by the Secretary of a request made under subsection (a) with respect to a loan, the Secretary, or the Secretary of the Treasury in the case of a loan owned by the Federal Financing Bank— (A) in the case of a request for an interest rate adjustment, shall adjust the interest rate on the loan to the cost of funds to the Department of the Treasury for obligations of comparable maturity to the term remaining on the outstanding balance of the loan or other such higher rate as the borrower may request; and (B) in the case of a request for a modification to a loan term other than the adjustment described in subparagraph (A), may use the authorities provided in sections 2, 201, 306C, and 703 of the Rural Electrification Act of 1936 ( 7 U.S.C. 902 , 922, 936c, 950cc–2) and section 331(b)(4) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1981(b)(4) ) to make such other modifications to the loan terms that the Secretary, in consultation with the Secretary of the Treasury in the case of a loan owned by the Federal Financing Bank, determines are necessary— (i) to address changes in the financial position of the borrower due to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19 (or any renewal of that declaration); and (ii) to promote the financial sustainability of the borrower. (2) Effective date \nAn adjustment or modification under subparagraph (A) or (B), respectively, of paragraph (1) shall apply— (A) beginning on the first calendar day after the payment date immediately following the request; but (B) not earlier than 30 days after the date of the request. (d) No fees or penalties \nIn carrying out this section, the Secretary, or the Secretary of the Treasury in the case of a loan owned by the Federal Financing Bank, shall not impose or collect any fee from, or impose any penalty on, a borrower. (e) Notice \nNot later than 30 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury, shall publish in the Federal Register a notice of the benefits available to borrowers under this section. (f) Appropriations; reimbursements \n(1) In general \nOut of any amounts in the Treasury not otherwise appropriated— (A) there are appropriated to the Secretary such sums as are necessary, to remain available until December 31, 2021, for the cost of interest rate adjustments under subsection (c)(1)(A); (B) there is appropriated to the Secretary $300,000,000, to remain available until December 31, 2021, for the cost of modifications under subsection (c)(1)(B); and (C) there are appropriated to the Federal Financing Bank such sums as are necessary, to remain available until December 31, 2023, for the liquidation of residual intragovernmental amounts owed by the Federal Financing Bank in connection with qualified loans described in subsection (b) modified after the date of enactment of this Act. (2) Calculation \nFor purposes of paragraph (1)(C), the calculation of the sums necessary for the liquidation of residual intragovernmental amounts owed shall take into account all amounts otherwise transferred to the Federal Financing Bank for the qualified loans described in that paragraph. (3) Emergency designation \n(A) In general \nThe amounts provided by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (B) Designation in senate \nIn the Senate, this Act is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.", "id": "id33C4C0C63FE84E18ACE7A31C06F27C5F", "header": "Loan adjustments for critical rural utility service providers" } ]
2
1. Short title This Act may be cited as the Flexible Financing for Rural America Act of 2021. 2. Loan adjustments for critical rural utility service providers (a) In general Not later than 180 days after the date of enactment of this Act, the borrower of a qualified loan described in subsection (b) may submit to the Secretary of Agriculture (referred to in this section as the Secretary ) a request to adjust the interest rate or modify any other term of the qualified loan, which shall include a report summarizing how the adjustment or modification will assist the borrower in providing critical utility services to a rural community. (b) Qualified loan described A qualified loan referred to in subsection (a) is a loan made or guaranteed on or before the date of enactment of this Act under— (1) section 4, 201, 305, 306, or 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 904 , 922, 935, 936, 950bb); or (2) the program carried out under the matter under the heading Distance Learning, Telemedicine, and Broadband Program in title I of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ; 123 Stat. 118) (commonly known as the Broadband Initiatives Program ). (c) Adjustment of interest rate; modification of loan terms (1) In general On receipt by the Secretary of a request made under subsection (a) with respect to a loan, the Secretary, or the Secretary of the Treasury in the case of a loan owned by the Federal Financing Bank— (A) in the case of a request for an interest rate adjustment, shall adjust the interest rate on the loan to the cost of funds to the Department of the Treasury for obligations of comparable maturity to the term remaining on the outstanding balance of the loan or other such higher rate as the borrower may request; and (B) in the case of a request for a modification to a loan term other than the adjustment described in subparagraph (A), may use the authorities provided in sections 2, 201, 306C, and 703 of the Rural Electrification Act of 1936 ( 7 U.S.C. 902 , 922, 936c, 950cc–2) and section 331(b)(4) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1981(b)(4) ) to make such other modifications to the loan terms that the Secretary, in consultation with the Secretary of the Treasury in the case of a loan owned by the Federal Financing Bank, determines are necessary— (i) to address changes in the financial position of the borrower due to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19 (or any renewal of that declaration); and (ii) to promote the financial sustainability of the borrower. (2) Effective date An adjustment or modification under subparagraph (A) or (B), respectively, of paragraph (1) shall apply— (A) beginning on the first calendar day after the payment date immediately following the request; but (B) not earlier than 30 days after the date of the request. (d) No fees or penalties In carrying out this section, the Secretary, or the Secretary of the Treasury in the case of a loan owned by the Federal Financing Bank, shall not impose or collect any fee from, or impose any penalty on, a borrower. (e) Notice Not later than 30 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury, shall publish in the Federal Register a notice of the benefits available to borrowers under this section. (f) Appropriations; reimbursements (1) In general Out of any amounts in the Treasury not otherwise appropriated— (A) there are appropriated to the Secretary such sums as are necessary, to remain available until December 31, 2021, for the cost of interest rate adjustments under subsection (c)(1)(A); (B) there is appropriated to the Secretary $300,000,000, to remain available until December 31, 2021, for the cost of modifications under subsection (c)(1)(B); and (C) there are appropriated to the Federal Financing Bank such sums as are necessary, to remain available until December 31, 2023, for the liquidation of residual intragovernmental amounts owed by the Federal Financing Bank in connection with qualified loans described in subsection (b) modified after the date of enactment of this Act. (2) Calculation For purposes of paragraph (1)(C), the calculation of the sums necessary for the liquidation of residual intragovernmental amounts owed shall take into account all amounts otherwise transferred to the Federal Financing Bank for the qualified loans described in that paragraph. (3) Emergency designation (A) In general The amounts provided by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (B) Designation in senate In the Senate, this Act is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.
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117s1746is
117
s
1,746
is
To reform the requirements regarding the safety and security of families living in public and federally assisted housing in high-crime areas.
[ { "text": "1. Short title \nThis Act may be cited as the Liberty City Rising Act.", "id": "S1", "header": "Short title" }, { "text": "2. Safety standards for federally assisted housing in high-crime areas \n(a) Public housing \nSection 6(f)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(f)(2) ) is amended— (1) by striking The Secretary shall and inserting the following: (A) Safe and habitable \nThe Secretary shall ; and (2) by adding at the end the following: (B) High-crime areas \n(i) Definition \nIn this subparagraph, the term high-crime area means a neighborhood or other small geographic area that the Secretary determines has a high incidence of violent crime, based on the most recent violent crime data available from a State, unit of local government, or other source determined appropriate by the Secretary, that lists the types of crimes and number of offenses committed in the area. (ii) Additional safety and security standards \nIn addition to the standards under subparagraph (A), the Secretary shall establish standards to ensure the safety and security of dwellings located in a high-crime area. (iii) Contents \nThe standards established under clause (ii)— (I) shall require a public housing agency to consider security measures that meet the specific needs of a property or building; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (iv) Anonymous hotline \nA public housing agency that operates a public housing project in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the public housing project is located.. (b) Project-Based assisted housing \n(1) In general \nSection 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13) ) is amended by adding at the end the following: (P) Safety and security standards for high-crime areas \n(i) Definition \nIn this subparagraph, the term high-crime area means a neighborhood or other small geographic area that the Secretary determines has a high incidence of violent crime, based on the most recent violent crime data available from a State, unit of local government, or other source determined appropriate by the Secretary, that lists the types of crimes and number of offenses committed in the area. (ii) Contract requirement \nAn assistance contract for project-based assistance entered into under this paragraph with respect to a structure shall require that the owner maintain the structure, if determined to be in a high-crime area, in a condition that complies with standards that meet or exceed the safety and security standards established under clause (iii). (iii) Safety and security standards \nThe Secretary shall establish standards to ensure the safety and security of structures located in a high-crime area. (iv) Contents \nThe standards established under clause (iii)— (I) shall require the owner of a structure that receives project-based assistance under this paragraph to consider security measures that meet the specific needs of the structure; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (v) Inspections \nWhen determining whether a dwelling unit that is in a high-crime area meets the housing quality standards under paragraph (8)(B), a public housing agency shall also determine whether the dwelling unit meets the standards established under this subparagraph. (vi) Anonymous hotline \nA public housing agency that provides project-based assistance under this paragraph with respect to a structure in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the structure is located.. (2) Conforming amendment \nSection 8(d)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(d)(2) ) is amended by adding at the end the following: (E) (i) Subsection (o)(13)(P) (relating to safety and security standards for high-crime areas) shall apply to a contract for project-based assistance under this paragraph and to a public housing agency that enters into such a contract. (ii) When determining whether a structure assisted under this paragraph that is in a high-crime area, as defined in subsection (o)(13)(P), meets any applicable housing quality standards, a public housing agency shall also determine whether the structure meets the safety and security standards established under that subsection.. (c) Deadlines \n(1) Determination of high-crime areas \nNot later than 90 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall make an initial determination as to which areas of the United States are high-crime areas for purposes of sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section. (2) Safety and security standards \nNot later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall establish the safety and security standards for public housing projects and other assisted structures located in high-crime areas required under sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section.", "id": "id5D9E2280B2F6411DAB690871920CF5D4", "header": "Safety standards for federally assisted housing in high-crime areas" }, { "text": "3. Grant priority for public housing projects in high-crime areas \nSection 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ) is amended by adding at the end the following: (4) Emergency Safety and Security funding priority for high-crime areas \nIn awarding grants for safety and security measures using amounts from the Capital Fund, the Secretary shall give priority to an application from a public housing agency that proposes to use the grant for a public housing project located in a high-crime area (as defined in section 6(f)(2)(B))..", "id": "idF3C029BF379B47878AB2D422378E34E8", "header": "Grant priority for public housing projects in high-crime areas" } ]
3
1. Short title This Act may be cited as the Liberty City Rising Act. 2. Safety standards for federally assisted housing in high-crime areas (a) Public housing Section 6(f)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(f)(2) ) is amended— (1) by striking The Secretary shall and inserting the following: (A) Safe and habitable The Secretary shall ; and (2) by adding at the end the following: (B) High-crime areas (i) Definition In this subparagraph, the term high-crime area means a neighborhood or other small geographic area that the Secretary determines has a high incidence of violent crime, based on the most recent violent crime data available from a State, unit of local government, or other source determined appropriate by the Secretary, that lists the types of crimes and number of offenses committed in the area. (ii) Additional safety and security standards In addition to the standards under subparagraph (A), the Secretary shall establish standards to ensure the safety and security of dwellings located in a high-crime area. (iii) Contents The standards established under clause (ii)— (I) shall require a public housing agency to consider security measures that meet the specific needs of a property or building; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (iv) Anonymous hotline A public housing agency that operates a public housing project in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the public housing project is located.. (b) Project-Based assisted housing (1) In general Section 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13) ) is amended by adding at the end the following: (P) Safety and security standards for high-crime areas (i) Definition In this subparagraph, the term high-crime area means a neighborhood or other small geographic area that the Secretary determines has a high incidence of violent crime, based on the most recent violent crime data available from a State, unit of local government, or other source determined appropriate by the Secretary, that lists the types of crimes and number of offenses committed in the area. (ii) Contract requirement An assistance contract for project-based assistance entered into under this paragraph with respect to a structure shall require that the owner maintain the structure, if determined to be in a high-crime area, in a condition that complies with standards that meet or exceed the safety and security standards established under clause (iii). (iii) Safety and security standards The Secretary shall establish standards to ensure the safety and security of structures located in a high-crime area. (iv) Contents The standards established under clause (iii)— (I) shall require the owner of a structure that receives project-based assistance under this paragraph to consider security measures that meet the specific needs of the structure; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (v) Inspections When determining whether a dwelling unit that is in a high-crime area meets the housing quality standards under paragraph (8)(B), a public housing agency shall also determine whether the dwelling unit meets the standards established under this subparagraph. (vi) Anonymous hotline A public housing agency that provides project-based assistance under this paragraph with respect to a structure in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the structure is located.. (2) Conforming amendment Section 8(d)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(d)(2) ) is amended by adding at the end the following: (E) (i) Subsection (o)(13)(P) (relating to safety and security standards for high-crime areas) shall apply to a contract for project-based assistance under this paragraph and to a public housing agency that enters into such a contract. (ii) When determining whether a structure assisted under this paragraph that is in a high-crime area, as defined in subsection (o)(13)(P), meets any applicable housing quality standards, a public housing agency shall also determine whether the structure meets the safety and security standards established under that subsection.. (c) Deadlines (1) Determination of high-crime areas Not later than 90 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall make an initial determination as to which areas of the United States are high-crime areas for purposes of sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section. (2) Safety and security standards Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall establish the safety and security standards for public housing projects and other assisted structures located in high-crime areas required under sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section. 3. Grant priority for public housing projects in high-crime areas Section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ) is amended by adding at the end the following: (4) Emergency Safety and Security funding priority for high-crime areas In awarding grants for safety and security measures using amounts from the Capital Fund, the Secretary shall give priority to an application from a public housing agency that proposes to use the grant for a public housing project located in a high-crime area (as defined in section 6(f)(2)(B))..
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117
s
2,106
is
To amend the Older Americans Act of 1965 to authorize a national network of statewide senior legal hotlines, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Senior Legal Hotline Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Statewide senior legal hotlines \nSubtitle B of title VII of the Older Americans Act of 1965 ( 42 U.S.C. 3058aa et seq. ) is amended by adding at the end the following: 753. Statewide senior legal hotlines \n(a) Definitions \nIn this section: (1) Eligible entity \n(A) In general \nThe term eligible entity means a nonprofit organization or a partnership described in subparagraph (B) that— (i) provides legal assistance to older individuals at no cost to such individuals; and (ii) (I) operates a senior legal hotline in existence on the date on which the entity submits an application under subsection (c); or (II) demonstrates the capacity to provide legal assistance to older individuals through a statewide senior legal hotline. (B) Partnership \nA partnership described in this subparagraph is a partnership between— (i) multiple nonprofit organizations; or (ii) one or more nonprofit organizations with one or more State or local governments. (2) Senior legal hotline \nThe term senior legal hotline means a program or partnership of programs that— (A) provides legal services, such as counseling, advice, advocacy, information, referrals, and other services, as appropriate, to older individuals on a broad range of civil legal issues; (B) provides such services by telephone (and may provide such services by additional forms of communication), regardless of whether such services are provided 24 hours a day and 7 days a week; (C) provides such services at no cost to the older individuals receiving such services; (D) serves older individuals with the greatest social need and greatest economic need as a target population for such services; and (E) develops partnerships with other programs and legal assistance providers to ensure that older individuals who need more extensive services, including representation, have access to such services. (3) Statewide senior legal hotline \nThe term statewide senior legal hotline means a senior legal hotline that serves older individuals throughout a State. (b) Authorization \nThe Assistant Secretary may award grants, on a competitive basis, to eligible entities that submit an application under subsection (c) to establish or operate a statewide senior legal hotline in accordance with the requirements under subsection (d). (c) Application process \n(1) In general \nAn eligible entity seeking a grant under this section shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including the contents described in paragraph (2). (2) Contents \nAn application submitted under paragraph (1) shall contain, at a minimum, each of the following: (A) An identification of the State to be served by the statewide senior legal hotline. (B) A plan indicating how the eligible entity will satisfy each requirement under subsection (d) with respect to establishing or operating a statewide senior legal hotline. (C) An assurance that the eligible entity will be able to provide, from non-Federal funds, an amount equal to not less than 25 percent of the estimated amount awarded through the grant under this section. An eligible entity may use in-kind contributions to meet the matching requirement under this subparagraph. (D) A description of the certification process the eligible entity has in place to ensure that staff members of and volunteers serving the statewide senior legal hotline will have no conflict of interest (including any financial or substantive conflict of interest) in providing services through the hotline. (3) Selection \nThe Assistant Secretary shall, in selecting eligible entities to receive a grant under this section— (A) consider— (i) the extent to which the application submitted by the eligible entity under paragraph (2) meets the requirements of such paragraph; and (ii) the demonstrated capacity of the eligible entity to administer a statewide senior legal hotline, including the experience and history of the eligible entity in delivering high quality advice, assistance, and other legal services, to older individuals through low-cost and innovative methods; and (B) ensure that no 2 eligible entities receiving a grant under this section for a fiscal year are planning to establish or operate a statewide senior legal hotline that serves the same State for such fiscal year. (d) Requirements \nEach eligible entity receiving a grant under this section shall, in establishing or operating a statewide senior legal hotline supported by such grant— (1) provide for a sufficient number of appropriately trained attorneys, paralegals, other staff members, and volunteers to ensure effective delivery of the services described in subsection (a)(2)(A); (2) collaborate with the appropriate State unit on aging, including any legal assistance developer, and free or low-cost legal service providers throughout the State, including those who provide free legal assistance to older individuals, to maximize coordination and cost-effective delivery of legal assistance to older individuals; (3) strive to maximize coordination in the delivery of legal assistance to older individuals in the State, including legal assistance funded by the Legal Services Corporation under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ), legal assistance supported by a grant under part B of title III of this Act, legal assistance provided by a law school clinic, and any other legal assistance provided at no-cost to the persons receiving the assistance; (4) build effective communication within the aging network operating in the State to provide coordinated assistance and referrals as appropriate; (5) establish mechanisms to make referrals for representation and other assistance beyond the scope of the hotline to— (A) other divisions or projects of the same legal aid agency of which the hotline is a division or project; (B) other legal aid agencies; (C) private attorneys, including those providing pro bono legal services; (D) providers included in the aging network operating in the State; (E) advocacy and assistance programs for older individuals; or (F) any other individuals or entities, as appropriate; and (6) conduct outreach through the aging network operating in the State, and by other means, to inform older individuals about the availability of the services provided by the hotline, specifically targeting older individuals with the greatest economic need and greatest social need. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026..", "id": "id013AF5682E854483A6A9FF0264FBE7C2", "header": "Statewide senior legal hotlines" }, { "text": "753. Statewide senior legal hotlines \n(a) Definitions \nIn this section: (1) Eligible entity \n(A) In general \nThe term eligible entity means a nonprofit organization or a partnership described in subparagraph (B) that— (i) provides legal assistance to older individuals at no cost to such individuals; and (ii) (I) operates a senior legal hotline in existence on the date on which the entity submits an application under subsection (c); or (II) demonstrates the capacity to provide legal assistance to older individuals through a statewide senior legal hotline. (B) Partnership \nA partnership described in this subparagraph is a partnership between— (i) multiple nonprofit organizations; or (ii) one or more nonprofit organizations with one or more State or local governments. (2) Senior legal hotline \nThe term senior legal hotline means a program or partnership of programs that— (A) provides legal services, such as counseling, advice, advocacy, information, referrals, and other services, as appropriate, to older individuals on a broad range of civil legal issues; (B) provides such services by telephone (and may provide such services by additional forms of communication), regardless of whether such services are provided 24 hours a day and 7 days a week; (C) provides such services at no cost to the older individuals receiving such services; (D) serves older individuals with the greatest social need and greatest economic need as a target population for such services; and (E) develops partnerships with other programs and legal assistance providers to ensure that older individuals who need more extensive services, including representation, have access to such services. (3) Statewide senior legal hotline \nThe term statewide senior legal hotline means a senior legal hotline that serves older individuals throughout a State. (b) Authorization \nThe Assistant Secretary may award grants, on a competitive basis, to eligible entities that submit an application under subsection (c) to establish or operate a statewide senior legal hotline in accordance with the requirements under subsection (d). (c) Application process \n(1) In general \nAn eligible entity seeking a grant under this section shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including the contents described in paragraph (2). (2) Contents \nAn application submitted under paragraph (1) shall contain, at a minimum, each of the following: (A) An identification of the State to be served by the statewide senior legal hotline. (B) A plan indicating how the eligible entity will satisfy each requirement under subsection (d) with respect to establishing or operating a statewide senior legal hotline. (C) An assurance that the eligible entity will be able to provide, from non-Federal funds, an amount equal to not less than 25 percent of the estimated amount awarded through the grant under this section. An eligible entity may use in-kind contributions to meet the matching requirement under this subparagraph. (D) A description of the certification process the eligible entity has in place to ensure that staff members of and volunteers serving the statewide senior legal hotline will have no conflict of interest (including any financial or substantive conflict of interest) in providing services through the hotline. (3) Selection \nThe Assistant Secretary shall, in selecting eligible entities to receive a grant under this section— (A) consider— (i) the extent to which the application submitted by the eligible entity under paragraph (2) meets the requirements of such paragraph; and (ii) the demonstrated capacity of the eligible entity to administer a statewide senior legal hotline, including the experience and history of the eligible entity in delivering high quality advice, assistance, and other legal services, to older individuals through low-cost and innovative methods; and (B) ensure that no 2 eligible entities receiving a grant under this section for a fiscal year are planning to establish or operate a statewide senior legal hotline that serves the same State for such fiscal year. (d) Requirements \nEach eligible entity receiving a grant under this section shall, in establishing or operating a statewide senior legal hotline supported by such grant— (1) provide for a sufficient number of appropriately trained attorneys, paralegals, other staff members, and volunteers to ensure effective delivery of the services described in subsection (a)(2)(A); (2) collaborate with the appropriate State unit on aging, including any legal assistance developer, and free or low-cost legal service providers throughout the State, including those who provide free legal assistance to older individuals, to maximize coordination and cost-effective delivery of legal assistance to older individuals; (3) strive to maximize coordination in the delivery of legal assistance to older individuals in the State, including legal assistance funded by the Legal Services Corporation under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ), legal assistance supported by a grant under part B of title III of this Act, legal assistance provided by a law school clinic, and any other legal assistance provided at no-cost to the persons receiving the assistance; (4) build effective communication within the aging network operating in the State to provide coordinated assistance and referrals as appropriate; (5) establish mechanisms to make referrals for representation and other assistance beyond the scope of the hotline to— (A) other divisions or projects of the same legal aid agency of which the hotline is a division or project; (B) other legal aid agencies; (C) private attorneys, including those providing pro bono legal services; (D) providers included in the aging network operating in the State; (E) advocacy and assistance programs for older individuals; or (F) any other individuals or entities, as appropriate; and (6) conduct outreach through the aging network operating in the State, and by other means, to inform older individuals about the availability of the services provided by the hotline, specifically targeting older individuals with the greatest economic need and greatest social need. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.", "id": "id40A2158CD1694D198D6E5432E6C913CC", "header": "Statewide senior legal hotlines" } ]
3
1. Short title This Act may be cited as the Senior Legal Hotline Act of 2021. 2. Statewide senior legal hotlines Subtitle B of title VII of the Older Americans Act of 1965 ( 42 U.S.C. 3058aa et seq. ) is amended by adding at the end the following: 753. Statewide senior legal hotlines (a) Definitions In this section: (1) Eligible entity (A) In general The term eligible entity means a nonprofit organization or a partnership described in subparagraph (B) that— (i) provides legal assistance to older individuals at no cost to such individuals; and (ii) (I) operates a senior legal hotline in existence on the date on which the entity submits an application under subsection (c); or (II) demonstrates the capacity to provide legal assistance to older individuals through a statewide senior legal hotline. (B) Partnership A partnership described in this subparagraph is a partnership between— (i) multiple nonprofit organizations; or (ii) one or more nonprofit organizations with one or more State or local governments. (2) Senior legal hotline The term senior legal hotline means a program or partnership of programs that— (A) provides legal services, such as counseling, advice, advocacy, information, referrals, and other services, as appropriate, to older individuals on a broad range of civil legal issues; (B) provides such services by telephone (and may provide such services by additional forms of communication), regardless of whether such services are provided 24 hours a day and 7 days a week; (C) provides such services at no cost to the older individuals receiving such services; (D) serves older individuals with the greatest social need and greatest economic need as a target population for such services; and (E) develops partnerships with other programs and legal assistance providers to ensure that older individuals who need more extensive services, including representation, have access to such services. (3) Statewide senior legal hotline The term statewide senior legal hotline means a senior legal hotline that serves older individuals throughout a State. (b) Authorization The Assistant Secretary may award grants, on a competitive basis, to eligible entities that submit an application under subsection (c) to establish or operate a statewide senior legal hotline in accordance with the requirements under subsection (d). (c) Application process (1) In general An eligible entity seeking a grant under this section shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including the contents described in paragraph (2). (2) Contents An application submitted under paragraph (1) shall contain, at a minimum, each of the following: (A) An identification of the State to be served by the statewide senior legal hotline. (B) A plan indicating how the eligible entity will satisfy each requirement under subsection (d) with respect to establishing or operating a statewide senior legal hotline. (C) An assurance that the eligible entity will be able to provide, from non-Federal funds, an amount equal to not less than 25 percent of the estimated amount awarded through the grant under this section. An eligible entity may use in-kind contributions to meet the matching requirement under this subparagraph. (D) A description of the certification process the eligible entity has in place to ensure that staff members of and volunteers serving the statewide senior legal hotline will have no conflict of interest (including any financial or substantive conflict of interest) in providing services through the hotline. (3) Selection The Assistant Secretary shall, in selecting eligible entities to receive a grant under this section— (A) consider— (i) the extent to which the application submitted by the eligible entity under paragraph (2) meets the requirements of such paragraph; and (ii) the demonstrated capacity of the eligible entity to administer a statewide senior legal hotline, including the experience and history of the eligible entity in delivering high quality advice, assistance, and other legal services, to older individuals through low-cost and innovative methods; and (B) ensure that no 2 eligible entities receiving a grant under this section for a fiscal year are planning to establish or operate a statewide senior legal hotline that serves the same State for such fiscal year. (d) Requirements Each eligible entity receiving a grant under this section shall, in establishing or operating a statewide senior legal hotline supported by such grant— (1) provide for a sufficient number of appropriately trained attorneys, paralegals, other staff members, and volunteers to ensure effective delivery of the services described in subsection (a)(2)(A); (2) collaborate with the appropriate State unit on aging, including any legal assistance developer, and free or low-cost legal service providers throughout the State, including those who provide free legal assistance to older individuals, to maximize coordination and cost-effective delivery of legal assistance to older individuals; (3) strive to maximize coordination in the delivery of legal assistance to older individuals in the State, including legal assistance funded by the Legal Services Corporation under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ), legal assistance supported by a grant under part B of title III of this Act, legal assistance provided by a law school clinic, and any other legal assistance provided at no-cost to the persons receiving the assistance; (4) build effective communication within the aging network operating in the State to provide coordinated assistance and referrals as appropriate; (5) establish mechanisms to make referrals for representation and other assistance beyond the scope of the hotline to— (A) other divisions or projects of the same legal aid agency of which the hotline is a division or project; (B) other legal aid agencies; (C) private attorneys, including those providing pro bono legal services; (D) providers included in the aging network operating in the State; (E) advocacy and assistance programs for older individuals; or (F) any other individuals or entities, as appropriate; and (6) conduct outreach through the aging network operating in the State, and by other means, to inform older individuals about the availability of the services provided by the hotline, specifically targeting older individuals with the greatest economic need and greatest social need. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.. 753. Statewide senior legal hotlines (a) Definitions In this section: (1) Eligible entity (A) In general The term eligible entity means a nonprofit organization or a partnership described in subparagraph (B) that— (i) provides legal assistance to older individuals at no cost to such individuals; and (ii) (I) operates a senior legal hotline in existence on the date on which the entity submits an application under subsection (c); or (II) demonstrates the capacity to provide legal assistance to older individuals through a statewide senior legal hotline. (B) Partnership A partnership described in this subparagraph is a partnership between— (i) multiple nonprofit organizations; or (ii) one or more nonprofit organizations with one or more State or local governments. (2) Senior legal hotline The term senior legal hotline means a program or partnership of programs that— (A) provides legal services, such as counseling, advice, advocacy, information, referrals, and other services, as appropriate, to older individuals on a broad range of civil legal issues; (B) provides such services by telephone (and may provide such services by additional forms of communication), regardless of whether such services are provided 24 hours a day and 7 days a week; (C) provides such services at no cost to the older individuals receiving such services; (D) serves older individuals with the greatest social need and greatest economic need as a target population for such services; and (E) develops partnerships with other programs and legal assistance providers to ensure that older individuals who need more extensive services, including representation, have access to such services. (3) Statewide senior legal hotline The term statewide senior legal hotline means a senior legal hotline that serves older individuals throughout a State. (b) Authorization The Assistant Secretary may award grants, on a competitive basis, to eligible entities that submit an application under subsection (c) to establish or operate a statewide senior legal hotline in accordance with the requirements under subsection (d). (c) Application process (1) In general An eligible entity seeking a grant under this section shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including the contents described in paragraph (2). (2) Contents An application submitted under paragraph (1) shall contain, at a minimum, each of the following: (A) An identification of the State to be served by the statewide senior legal hotline. (B) A plan indicating how the eligible entity will satisfy each requirement under subsection (d) with respect to establishing or operating a statewide senior legal hotline. (C) An assurance that the eligible entity will be able to provide, from non-Federal funds, an amount equal to not less than 25 percent of the estimated amount awarded through the grant under this section. An eligible entity may use in-kind contributions to meet the matching requirement under this subparagraph. (D) A description of the certification process the eligible entity has in place to ensure that staff members of and volunteers serving the statewide senior legal hotline will have no conflict of interest (including any financial or substantive conflict of interest) in providing services through the hotline. (3) Selection The Assistant Secretary shall, in selecting eligible entities to receive a grant under this section— (A) consider— (i) the extent to which the application submitted by the eligible entity under paragraph (2) meets the requirements of such paragraph; and (ii) the demonstrated capacity of the eligible entity to administer a statewide senior legal hotline, including the experience and history of the eligible entity in delivering high quality advice, assistance, and other legal services, to older individuals through low-cost and innovative methods; and (B) ensure that no 2 eligible entities receiving a grant under this section for a fiscal year are planning to establish or operate a statewide senior legal hotline that serves the same State for such fiscal year. (d) Requirements Each eligible entity receiving a grant under this section shall, in establishing or operating a statewide senior legal hotline supported by such grant— (1) provide for a sufficient number of appropriately trained attorneys, paralegals, other staff members, and volunteers to ensure effective delivery of the services described in subsection (a)(2)(A); (2) collaborate with the appropriate State unit on aging, including any legal assistance developer, and free or low-cost legal service providers throughout the State, including those who provide free legal assistance to older individuals, to maximize coordination and cost-effective delivery of legal assistance to older individuals; (3) strive to maximize coordination in the delivery of legal assistance to older individuals in the State, including legal assistance funded by the Legal Services Corporation under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ), legal assistance supported by a grant under part B of title III of this Act, legal assistance provided by a law school clinic, and any other legal assistance provided at no-cost to the persons receiving the assistance; (4) build effective communication within the aging network operating in the State to provide coordinated assistance and referrals as appropriate; (5) establish mechanisms to make referrals for representation and other assistance beyond the scope of the hotline to— (A) other divisions or projects of the same legal aid agency of which the hotline is a division or project; (B) other legal aid agencies; (C) private attorneys, including those providing pro bono legal services; (D) providers included in the aging network operating in the State; (E) advocacy and assistance programs for older individuals; or (F) any other individuals or entities, as appropriate; and (6) conduct outreach through the aging network operating in the State, and by other means, to inform older individuals about the availability of the services provided by the hotline, specifically targeting older individuals with the greatest economic need and greatest social need. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.
13,188
117s4056is
117
s
4,056
is
To promote youth athletic safety, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Supporting Athletes, Families and Educators to Protect the Lives of Athletic Youth Act or the SAFE PLAY Act.", "id": "S1", "header": "Short title" }, { "text": "2. Education, awareness, and training for pediatric cardiac conditions to increase earlier diagnosis and prevent sudden cardiac death \nPart P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–7. Materials and educational resources to increase awareness of cardiomyopathy and other high-risk childhood cardiac conditions among school administrators, educators, school health professionals, coaches, students, and families \n(a) Materials and resources \nNot later than 12 months after the date of enactment of the SAFE PLAY Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the Director ) and in consultation with national patient advocacy and health organizations with expertise in cardiac health and all forms of pediatric cardiomyopathy, shall develop educational materials and resources to be disseminated to school administrators, educators, school health professionals, coaches, students, families, and other appropriate individuals. The materials and resources shall include— (1) information on the signs, symptoms, and risk factors associated with high risk cardiac conditions and genetic heart rhythm abnormalities that may cause sudden cardiac arrest in children, adolescents, and young adults, including— (A) cardiomyopathy; (B) long QT syndrome, Brugada syndrome, catecholaminergic polymorphic ventricular tachycardia, short QT syndrome, Wolff-Parkinson-White syndrome; and (C) other high-risk cardiac conditions, as determined by the Secretary; (2) sudden cardiac arrest risk assessment worksheets to help identify higher risk children and adolescents with possible life-threatening cardiac conditions who may need additional medical screening and treatment; (3) guidelines and training materials for schools, childcare centers, and local youth athletic organizations to handle cardiac emergencies, covering cardiopulmonary resuscitation (referred to in this section and section 399V–8 as CPR ) and ways to obtain certification on CPR delivery; (4) guidelines and training materials for schools, childcare centers, and local youth athletic organizations to handle cardiac emergencies, on the proper placement, usage, and maintenance of automatic external defibrillators (referred to in this section and section 399V–8 as AED ) and ways to obtain certification on AED usage; and (5) recommendations on developing and implementing a cardiac emergency response plan at schools, childcare centers, and local youth athletic organizations, including recommendations on how local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) can apply such response plans to students enrolled in public schools served by such local educational agencies. (b) Development of materials and resources \nThe Secretary, acting through the Director, shall develop and update, as necessary and appropriate, the materials and resources described in subsection (a) and, in support of such effort, the Secretary is encouraged to establish an advisory panel that includes the following members: (1) Representatives from national patient advocacy organizations, including— (A) not less than 1 organization dedicated to promoting research, education, and awareness of all forms of pediatric cardiac cardiomyopathy; (B) not less than 1 organization dedicated to research, and education, and awareness of high-risk cardiac conditions and genetic heart rhythm abnormalities; (C) not less than 1 organization dedicated to school-based wellness; (D) not less than 1 organization dedicated to advocacy and support for individuals with cognitive impairments or developmental disabilities; and (E) not less than 1 organization dedicated to addressing minority health disparities. (2) Representatives of medical and health care professional societies, including pediatrics, cardiology, emergency medicine, and sports medicine. (3) A representative of the Centers for Disease Control and Prevention. (4) Representatives of other relevant Federal agencies, including the Department of Education and the National Institutes of Health. (5) Representatives of schools, such as administrators, educators, sports coaches, and nurses. (c) Dissemination of materials and resources \nNot later than 24 months after the date of enactment of the SAFE PLAY Act, the Secretary, acting through the Director, shall disseminate the materials and resources described in subsection (a) in accordance with the following: (1) Distribution by local educational agencies \nThe Secretary shall make available such materials and resources to local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) to distribute— (A) to school administrators, educators, school health professionals, coaches, students, and parents, guardians, or other caregivers, information on the signs, symptoms, and risk factors of high-risk cardiac conditions; (B) to parents, guardians, or other caregivers, the cardiomyopathy and sudden cardiac arrest risk assessment worksheets described in subsection (a)(2); (C) to school administrators, school health professionals, and coaches— (i) the information and training materials described in subsection (a)(3); and (ii) the guidelines and training materials described in subsection (a)(4); and (D) to school administrators, educators, school health professionals, coaches, and youth sports organizations, the recommendations described in subsection (a)(5). (2) Dissemination to health departments and professionals \nThe Secretary shall make available such materials and resources to State and local health departments. (3) Dissemination of information through the internet \n(A) CDC \n(i) In general \nThe Secretary, acting through the Director, shall post the materials and resources developed under subsection (a) on the public Internet website of the Centers for Disease Control and Prevention. (ii) Maintenance of information \nThe Director shall maintain and update when necessary such materials and resources developed under subsection (a) on the public Internet website to ensure such information reflects the latest standards. (B) State educational agencies \nState educational agencies are encouraged to work with State Health Departments to create Internet webpages to disseminate the materials and resources developed under subsection (a) to the general public, with an emphasis on targeting students and their families. (4) Accessibility of information \nThe information regarding the materials and resources developed under subsection (a) shall be made available in a format and in a manner that is readily accessible to individuals with cognitive and sensory impairments. (d) Definitions \nIn this section: (1) School administrators \nThe term school administrator means a principal, director, manager, or other supervisor or leader within an elementary school or secondary school (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), State-based early education program, or childcare center. (2) Schools \nThe term school means an early education program, childcare center, or elementary school or secondary school (as such terms are so defined) that is not an Internet- or computer-based community school. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2023 through 2028. 399V–8. Grants to provide for CPR and AED training and purchase of AED equipment for public childcare centers, elementary, middle, and secondary schools \n(a) Authority To make grants \nThe Secretary, in consultation with the Secretary of Education, shall award grants to eligible local educational agencies— (1) to enable such local educational agencies to purchase AEDs and offer CPR and AED training courses that are nationally certified; or (2) to enable such local educational agencies to award funding to eligible schools that are served by the local educational agency to purchase and maintain AEDs and offer CPR and AED training courses that are nationally certified. (b) Use of funds \nAn eligible local educational agency receiving a grant under this section, or an eligible school receiving grant funds under this section through an eligible local educational agency, shall use the grant funds— (1) to pay a nationally recognized training organization, such as the American Heart Association, the American Red Cross, or the National Safety Council, for instruction, materials, and equipment expenses associated with CPR and AED training in accordance with the materials and resources developed under section 399V–7(a)(3); or (2) if the local educational agency or an eligible school served by such agency meets the conditions described under subsection (c)(2), to purchase AED devices for eligible schools and pay the costs associated with obtaining the certifications necessary to meet the guidelines established in section 399V–7(a)(4). (c) Grant eligibility \n(1) Application \nTo be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information and certifications as such Secretary may reasonably require. (2) AED allocation and training \nTo be eligible for grant funding to purchase AED devices as described in subsection (b)(2), an eligible local educational agency shall demonstrate to the Secretary that such local educational agency or an eligible school served by such agency has or intends to implement a CPR and AED training program and has or intends to implement an emergency cardiac response plan as of the date of the submission of the grant application. (d) Priority of award \nThe Secretary shall award grants under this section to eligible local educational agencies based on 1 or more of the following priorities: (1) A demonstrated need for a CPR or AED training program in an eligible school or a community served by an eligible school, which may include— (A) schools that do not already have an automated AED on school grounds; (B) schools in which there are a significant number of students on school grounds during a typical day, as determined by the Secretary; (C) schools for which the average time required for emergency medical services (as defined in section 330J(e)) to reach the school is greater than the average time required for emergency medical services to reach other public facilities in the community; and (D) schools that have not received funds under the Rural Access to Emergency Devices Act ( 42 U.S.C. 254c note). (2) A demonstrated need for continued support of an existing CPR or AED training program in an eligible school or a community served by an eligible school. (3) A demonstrated need for expanding an existing CPR or AED training program by adding training in the implementation of an emergency cardiac response plan. (4) Previously identified opportunities to encourage and foster partnerships with and among community organizations, including emergency medical service providers, fire and police departments, nonprofit organizations, public health organizations, parent-teacher associations, and local and regional youth sports organizations to aid in providing training in both CPR and AED usage and in obtaining AED equipment. (e) Matching funds required \n(1) In general \nTo be eligible to receive a grant under this section, an eligible local educational agency shall provide matching funds from non-Federal sources in an amount equal to not less than 25 percent of the total grant amount. (2) Waiver \nThe Secretary may waive the requirement of paragraph (1) for an eligible local educational agency if the number of children counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c)(1)(A) ) for the local educational agency is 20 percent or more of the total number of children aged 5 to 17, inclusive, served by the eligible local educational agency. (f) Definitions \nIn this section: (1) Eligible local educational agency \nThe term eligible local educational agency means a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), that has established a plan to follow the guidelines and carry out the recommendations described under section 399V–7(a) regarding cardiac emergencies. (2) Eligible school \nThe term eligible school means a public elementary, middle, or secondary school, including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2023 through 2028. 399V–9. Requirement to include cardiac conditions in existing research and investigations \nThe Director of the Centers for Disease Control and Prevention shall develop data collection methods, to be included in the School Health Policies and Practices Survey, to determine the degree to which school administrators, educators, school health professionals, coaches, students, families, and other appropriate individuals have an understanding of cardiac issues described in section 399V–7. Such data collection methods shall be designed to collect information about— (1) the ability to accurately identify early symptoms of a cardiac condition, such as cardiomyopathy leading to cardiac arrest, and sudden cardiac death; (2) the dissemination of training described in section 399V–7(a)(3) regarding the proper performance of cardiopulmonary resuscitation; and (3) the dissemination of guidelines and training described in section 399V–7(a)(4) regarding the placement and use of automatic external defibrillators..", "id": "id4be0b31ab1b94ef9ab0558ab40c97e62", "header": "Education, awareness, and training for pediatric cardiac conditions to increase earlier diagnosis and prevent sudden cardiac death" }, { "text": "399V–7. Materials and educational resources to increase awareness of cardiomyopathy and other high-risk childhood cardiac conditions among school administrators, educators, school health professionals, coaches, students, and families \n(a) Materials and resources \nNot later than 12 months after the date of enactment of the SAFE PLAY Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the Director ) and in consultation with national patient advocacy and health organizations with expertise in cardiac health and all forms of pediatric cardiomyopathy, shall develop educational materials and resources to be disseminated to school administrators, educators, school health professionals, coaches, students, families, and other appropriate individuals. The materials and resources shall include— (1) information on the signs, symptoms, and risk factors associated with high risk cardiac conditions and genetic heart rhythm abnormalities that may cause sudden cardiac arrest in children, adolescents, and young adults, including— (A) cardiomyopathy; (B) long QT syndrome, Brugada syndrome, catecholaminergic polymorphic ventricular tachycardia, short QT syndrome, Wolff-Parkinson-White syndrome; and (C) other high-risk cardiac conditions, as determined by the Secretary; (2) sudden cardiac arrest risk assessment worksheets to help identify higher risk children and adolescents with possible life-threatening cardiac conditions who may need additional medical screening and treatment; (3) guidelines and training materials for schools, childcare centers, and local youth athletic organizations to handle cardiac emergencies, covering cardiopulmonary resuscitation (referred to in this section and section 399V–8 as CPR ) and ways to obtain certification on CPR delivery; (4) guidelines and training materials for schools, childcare centers, and local youth athletic organizations to handle cardiac emergencies, on the proper placement, usage, and maintenance of automatic external defibrillators (referred to in this section and section 399V–8 as AED ) and ways to obtain certification on AED usage; and (5) recommendations on developing and implementing a cardiac emergency response plan at schools, childcare centers, and local youth athletic organizations, including recommendations on how local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) can apply such response plans to students enrolled in public schools served by such local educational agencies. (b) Development of materials and resources \nThe Secretary, acting through the Director, shall develop and update, as necessary and appropriate, the materials and resources described in subsection (a) and, in support of such effort, the Secretary is encouraged to establish an advisory panel that includes the following members: (1) Representatives from national patient advocacy organizations, including— (A) not less than 1 organization dedicated to promoting research, education, and awareness of all forms of pediatric cardiac cardiomyopathy; (B) not less than 1 organization dedicated to research, and education, and awareness of high-risk cardiac conditions and genetic heart rhythm abnormalities; (C) not less than 1 organization dedicated to school-based wellness; (D) not less than 1 organization dedicated to advocacy and support for individuals with cognitive impairments or developmental disabilities; and (E) not less than 1 organization dedicated to addressing minority health disparities. (2) Representatives of medical and health care professional societies, including pediatrics, cardiology, emergency medicine, and sports medicine. (3) A representative of the Centers for Disease Control and Prevention. (4) Representatives of other relevant Federal agencies, including the Department of Education and the National Institutes of Health. (5) Representatives of schools, such as administrators, educators, sports coaches, and nurses. (c) Dissemination of materials and resources \nNot later than 24 months after the date of enactment of the SAFE PLAY Act, the Secretary, acting through the Director, shall disseminate the materials and resources described in subsection (a) in accordance with the following: (1) Distribution by local educational agencies \nThe Secretary shall make available such materials and resources to local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) to distribute— (A) to school administrators, educators, school health professionals, coaches, students, and parents, guardians, or other caregivers, information on the signs, symptoms, and risk factors of high-risk cardiac conditions; (B) to parents, guardians, or other caregivers, the cardiomyopathy and sudden cardiac arrest risk assessment worksheets described in subsection (a)(2); (C) to school administrators, school health professionals, and coaches— (i) the information and training materials described in subsection (a)(3); and (ii) the guidelines and training materials described in subsection (a)(4); and (D) to school administrators, educators, school health professionals, coaches, and youth sports organizations, the recommendations described in subsection (a)(5). (2) Dissemination to health departments and professionals \nThe Secretary shall make available such materials and resources to State and local health departments. (3) Dissemination of information through the internet \n(A) CDC \n(i) In general \nThe Secretary, acting through the Director, shall post the materials and resources developed under subsection (a) on the public Internet website of the Centers for Disease Control and Prevention. (ii) Maintenance of information \nThe Director shall maintain and update when necessary such materials and resources developed under subsection (a) on the public Internet website to ensure such information reflects the latest standards. (B) State educational agencies \nState educational agencies are encouraged to work with State Health Departments to create Internet webpages to disseminate the materials and resources developed under subsection (a) to the general public, with an emphasis on targeting students and their families. (4) Accessibility of information \nThe information regarding the materials and resources developed under subsection (a) shall be made available in a format and in a manner that is readily accessible to individuals with cognitive and sensory impairments. (d) Definitions \nIn this section: (1) School administrators \nThe term school administrator means a principal, director, manager, or other supervisor or leader within an elementary school or secondary school (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), State-based early education program, or childcare center. (2) Schools \nThe term school means an early education program, childcare center, or elementary school or secondary school (as such terms are so defined) that is not an Internet- or computer-based community school. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2023 through 2028.", "id": "id8a54a7420fb74a6db516bc690d8371a2", "header": "Materials and educational resources to increase awareness of cardiomyopathy and other high-risk childhood cardiac conditions among school administrators, educators, school health professionals, coaches, students, and families" }, { "text": "399V–8. Grants to provide for CPR and AED training and purchase of AED equipment for public childcare centers, elementary, middle, and secondary schools \n(a) Authority To make grants \nThe Secretary, in consultation with the Secretary of Education, shall award grants to eligible local educational agencies— (1) to enable such local educational agencies to purchase AEDs and offer CPR and AED training courses that are nationally certified; or (2) to enable such local educational agencies to award funding to eligible schools that are served by the local educational agency to purchase and maintain AEDs and offer CPR and AED training courses that are nationally certified. (b) Use of funds \nAn eligible local educational agency receiving a grant under this section, or an eligible school receiving grant funds under this section through an eligible local educational agency, shall use the grant funds— (1) to pay a nationally recognized training organization, such as the American Heart Association, the American Red Cross, or the National Safety Council, for instruction, materials, and equipment expenses associated with CPR and AED training in accordance with the materials and resources developed under section 399V–7(a)(3); or (2) if the local educational agency or an eligible school served by such agency meets the conditions described under subsection (c)(2), to purchase AED devices for eligible schools and pay the costs associated with obtaining the certifications necessary to meet the guidelines established in section 399V–7(a)(4). (c) Grant eligibility \n(1) Application \nTo be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information and certifications as such Secretary may reasonably require. (2) AED allocation and training \nTo be eligible for grant funding to purchase AED devices as described in subsection (b)(2), an eligible local educational agency shall demonstrate to the Secretary that such local educational agency or an eligible school served by such agency has or intends to implement a CPR and AED training program and has or intends to implement an emergency cardiac response plan as of the date of the submission of the grant application. (d) Priority of award \nThe Secretary shall award grants under this section to eligible local educational agencies based on 1 or more of the following priorities: (1) A demonstrated need for a CPR or AED training program in an eligible school or a community served by an eligible school, which may include— (A) schools that do not already have an automated AED on school grounds; (B) schools in which there are a significant number of students on school grounds during a typical day, as determined by the Secretary; (C) schools for which the average time required for emergency medical services (as defined in section 330J(e)) to reach the school is greater than the average time required for emergency medical services to reach other public facilities in the community; and (D) schools that have not received funds under the Rural Access to Emergency Devices Act ( 42 U.S.C. 254c note). (2) A demonstrated need for continued support of an existing CPR or AED training program in an eligible school or a community served by an eligible school. (3) A demonstrated need for expanding an existing CPR or AED training program by adding training in the implementation of an emergency cardiac response plan. (4) Previously identified opportunities to encourage and foster partnerships with and among community organizations, including emergency medical service providers, fire and police departments, nonprofit organizations, public health organizations, parent-teacher associations, and local and regional youth sports organizations to aid in providing training in both CPR and AED usage and in obtaining AED equipment. (e) Matching funds required \n(1) In general \nTo be eligible to receive a grant under this section, an eligible local educational agency shall provide matching funds from non-Federal sources in an amount equal to not less than 25 percent of the total grant amount. (2) Waiver \nThe Secretary may waive the requirement of paragraph (1) for an eligible local educational agency if the number of children counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c)(1)(A) ) for the local educational agency is 20 percent or more of the total number of children aged 5 to 17, inclusive, served by the eligible local educational agency. (f) Definitions \nIn this section: (1) Eligible local educational agency \nThe term eligible local educational agency means a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), that has established a plan to follow the guidelines and carry out the recommendations described under section 399V–7(a) regarding cardiac emergencies. (2) Eligible school \nThe term eligible school means a public elementary, middle, or secondary school, including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2023 through 2028.", "id": "id6B6606F1B7E1435EB8023AF8CDA27DEA", "header": "Grants to provide for CPR and AED training and purchase of AED equipment for public childcare centers, elementary, middle, and secondary schools" }, { "text": "399V–9. Requirement to include cardiac conditions in existing research and investigations \nThe Director of the Centers for Disease Control and Prevention shall develop data collection methods, to be included in the School Health Policies and Practices Survey, to determine the degree to which school administrators, educators, school health professionals, coaches, students, families, and other appropriate individuals have an understanding of cardiac issues described in section 399V–7. Such data collection methods shall be designed to collect information about— (1) the ability to accurately identify early symptoms of a cardiac condition, such as cardiomyopathy leading to cardiac arrest, and sudden cardiac death; (2) the dissemination of training described in section 399V–7(a)(3) regarding the proper performance of cardiopulmonary resuscitation; and (3) the dissemination of guidelines and training described in section 399V–7(a)(4) regarding the placement and use of automatic external defibrillators.", "id": "id8B3219F17DEC4F02B8F19AA595FFF44D", "header": "Requirement to include cardiac conditions in existing research and investigations" }, { "text": "3. Prevention and treatment of youth athlete concussions \nTitle VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ) is amended by adding at the end the following: H Youth athletic safety \n1 State requirements for the prevention and treatment of concussions \n8701. Minimum State requirements \n(a) In general \nBeginning for fiscal year 2023, as a condition of receiving funds under this Act for a fiscal year, a State shall, not later than July 1 of the preceding fiscal year, certify to the Secretary in accordance with subsection (b) that the State has in effect and is enforcing a law or regulation that, at a minimum, establishes the following requirements: (1) Local educational agency concussion safety and management plan \nEach local educational agency in the State (including each public charter school that is considered a local educational agency under State law), in consultation with members of the community in which the local educational agency is located, and taking into consideration the guidelines of the Centers for Disease Control and Prevention’s Pediatric Mild Traumatic Brain Injury Guideline Workgroup, shall develop and implement a standard plan for concussion safety and management for public schools served by the local educational agency that includes— (A) the education of students, school administrators, educators, coaches, youth sports organizations, parents, and school personnel about concussions, including— (i) training of school personnel on evidence-based concussion safety and management, including prevention, recognition, risk, academic consequences, and response for both initial and any subsequent concussions; and (ii) using, maintaining, and disseminating to students and parents release forms, treatment plans, observation, monitoring, and reporting forms, recordkeeping forms, and post-injury and prevention fact sheets about concussions; (B) supports for each student recovering from a concussion, including— (i) guiding the student in resuming participation in school-sponsored athletic activities and academic activities with the help of a multidisciplinary concussion management team, which shall include— (I) a health care professional, the parents of such student, and other relevant school personnel; and (II) an individual who is assigned by the public school in which the student is enrolled to oversee and manage the recovery of the student; (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on such student; and (iii) if the student's symptoms of concussion persist for a substantial period of time— (I) evaluating the student in accordance with section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ) to determine whether the student is eligible for services under part B of such Act ( 20 U.S.C. 1411 et seq. ); or (II) evaluating whether the student is eligible for services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (C) best practices, as defined by national neurological medical specialty and sports health organizations, designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, including— (i) disseminating information on concussion safety and management to the public; and (ii) applying best practice and uniform standards for concussion safety and management to all students enrolled in the public schools served by the local educational agency. (2) Posting of information on concussions \nEach public school in the State shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that— (A) is based on peer-reviewed scientific evidence or consensus (such as information made available by the Centers for Disease Control and Prevention); (B) shall include— (i) the risks posed by sustaining a concussion or multiple concussions; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include— (i) the definition of a concussion under section 8702(1); (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to a concussion \nIf any school personnel of a public school in the State suspect that a student has sustained a concussion during a school-sponsored athletic activity or other school-sponsored activity— (A) the student shall be— (i) immediately removed from participation in such activity; and (ii) prohibited from resuming participation in school-sponsored athletic activities— (I) on the day the student sustained the concussion; and (II) until the day the student is capable of resuming such participation, according to the student's written release, as described in paragraphs (4) and (5); (B) the school personnel shall report to the concussion management team described under paragraph (1)(B)(i)— (i) that the student may have sustained a concussion; and (ii) all available information with respect to the student's injury; and (C) the concussion management team shall confirm and report to the parents of the student— (i) the type of injury, and the date and time of the injury, suffered by the student; and (ii) any actions that have been taken to treat the student. (4) Return to athletics \nIf a student enrolled in a public school in the State sustains a concussion, before the student resumes participation in school-sponsored athletic activities, the relevant school personnel shall receive a written release from a health care professional, that— (A) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that— (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on the student on a progressive basis so long as such increases in exertion do not cause the re-emergence or worsening of symptoms of a concussion; and (B) states that the student is capable of resuming participation in such activities once the student is asymptomatic. (5) Return to academics \nIf a student enrolled in a public school in the State has sustained a concussion, the concussion management team (as described under paragraph (1)(B)(i)) of the school shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including— (A) providing for periods of cognitive rest over the course of the school day; (B) providing modified academic assignments; (C) allowing for gradual reintroduction to cognitive demands; and (D) other appropriate academic accommodations or adjustments. (b) Certification requirement \nThe certification required under subsection (a) shall be in writing and include a description of the law or regulation that meets the requirements of subsection (a). 8702. Definitions \nIn this part: (1) Concussion \nThe term concussion means a type of mild traumatic brain injury that— (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the physiological state of the individual, causing the individual to experience— (i) any period of observed or self-reported— (I) transient confusion, disorientation, or altered consciousness; (II) dysfunction of memory around the time of injury; or (III) disruptions in gait or balance; and (ii) symptoms that may include— (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) occurs— (i) with or without the loss of consciousness; and (ii) during participation— (I) in a school-sponsored athletic activity; or (II) in any other activity without regard to whether the activity takes place on school property or during the school day. (2) Health care professional \nThe term health care professional means a physician (including a medical doctor or doctor of osteopathic medicine), registered nurse, athletic trainer, physical therapist, neuropsychologist, or other qualified individual— (A) who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; and (B) whose scope of practice and experience includes the diagnosis and management of traumatic brain injury among a pediatric population. (3) Parent \nThe term parent means biological or adoptive parents or legal guardians, as determined by applicable State law. (4) Public school \nThe term public school means an elementary school or secondary school (as such terms are so defined), including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (5) School personnel \nThe term school personnel includes teachers, principals, administrators, counselors, social workers, psychologists, nurses, librarians, coaches and athletic trainers, and other support staff who are employed by a school or who perform services for the school on a contractual basis. (6) School-sponsored athletic activity \nThe term school-sponsored athletic activity means— (A) any physical education class or program of a public school; (B) any athletic activity authorized by a public school that takes place during the school day on the school’s property; (C) any activity of an extracurricular sports team, club, or league organized by a public school; and (D) any recess activity of a public school..", "id": "id9a4c07d274134fd4980105d82af68361", "header": "Prevention and treatment of youth athlete concussions" }, { "text": "8701. Minimum State requirements \n(a) In general \nBeginning for fiscal year 2023, as a condition of receiving funds under this Act for a fiscal year, a State shall, not later than July 1 of the preceding fiscal year, certify to the Secretary in accordance with subsection (b) that the State has in effect and is enforcing a law or regulation that, at a minimum, establishes the following requirements: (1) Local educational agency concussion safety and management plan \nEach local educational agency in the State (including each public charter school that is considered a local educational agency under State law), in consultation with members of the community in which the local educational agency is located, and taking into consideration the guidelines of the Centers for Disease Control and Prevention’s Pediatric Mild Traumatic Brain Injury Guideline Workgroup, shall develop and implement a standard plan for concussion safety and management for public schools served by the local educational agency that includes— (A) the education of students, school administrators, educators, coaches, youth sports organizations, parents, and school personnel about concussions, including— (i) training of school personnel on evidence-based concussion safety and management, including prevention, recognition, risk, academic consequences, and response for both initial and any subsequent concussions; and (ii) using, maintaining, and disseminating to students and parents release forms, treatment plans, observation, monitoring, and reporting forms, recordkeeping forms, and post-injury and prevention fact sheets about concussions; (B) supports for each student recovering from a concussion, including— (i) guiding the student in resuming participation in school-sponsored athletic activities and academic activities with the help of a multidisciplinary concussion management team, which shall include— (I) a health care professional, the parents of such student, and other relevant school personnel; and (II) an individual who is assigned by the public school in which the student is enrolled to oversee and manage the recovery of the student; (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on such student; and (iii) if the student's symptoms of concussion persist for a substantial period of time— (I) evaluating the student in accordance with section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ) to determine whether the student is eligible for services under part B of such Act ( 20 U.S.C. 1411 et seq. ); or (II) evaluating whether the student is eligible for services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (C) best practices, as defined by national neurological medical specialty and sports health organizations, designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, including— (i) disseminating information on concussion safety and management to the public; and (ii) applying best practice and uniform standards for concussion safety and management to all students enrolled in the public schools served by the local educational agency. (2) Posting of information on concussions \nEach public school in the State shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that— (A) is based on peer-reviewed scientific evidence or consensus (such as information made available by the Centers for Disease Control and Prevention); (B) shall include— (i) the risks posed by sustaining a concussion or multiple concussions; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include— (i) the definition of a concussion under section 8702(1); (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to a concussion \nIf any school personnel of a public school in the State suspect that a student has sustained a concussion during a school-sponsored athletic activity or other school-sponsored activity— (A) the student shall be— (i) immediately removed from participation in such activity; and (ii) prohibited from resuming participation in school-sponsored athletic activities— (I) on the day the student sustained the concussion; and (II) until the day the student is capable of resuming such participation, according to the student's written release, as described in paragraphs (4) and (5); (B) the school personnel shall report to the concussion management team described under paragraph (1)(B)(i)— (i) that the student may have sustained a concussion; and (ii) all available information with respect to the student's injury; and (C) the concussion management team shall confirm and report to the parents of the student— (i) the type of injury, and the date and time of the injury, suffered by the student; and (ii) any actions that have been taken to treat the student. (4) Return to athletics \nIf a student enrolled in a public school in the State sustains a concussion, before the student resumes participation in school-sponsored athletic activities, the relevant school personnel shall receive a written release from a health care professional, that— (A) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that— (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on the student on a progressive basis so long as such increases in exertion do not cause the re-emergence or worsening of symptoms of a concussion; and (B) states that the student is capable of resuming participation in such activities once the student is asymptomatic. (5) Return to academics \nIf a student enrolled in a public school in the State has sustained a concussion, the concussion management team (as described under paragraph (1)(B)(i)) of the school shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including— (A) providing for periods of cognitive rest over the course of the school day; (B) providing modified academic assignments; (C) allowing for gradual reintroduction to cognitive demands; and (D) other appropriate academic accommodations or adjustments. (b) Certification requirement \nThe certification required under subsection (a) shall be in writing and include a description of the law or regulation that meets the requirements of subsection (a).", "id": "idc034496d8bfd479384aa37ed2b909f23", "header": "Minimum State requirements" }, { "text": "8702. Definitions \nIn this part: (1) Concussion \nThe term concussion means a type of mild traumatic brain injury that— (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the physiological state of the individual, causing the individual to experience— (i) any period of observed or self-reported— (I) transient confusion, disorientation, or altered consciousness; (II) dysfunction of memory around the time of injury; or (III) disruptions in gait or balance; and (ii) symptoms that may include— (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) occurs— (i) with or without the loss of consciousness; and (ii) during participation— (I) in a school-sponsored athletic activity; or (II) in any other activity without regard to whether the activity takes place on school property or during the school day. (2) Health care professional \nThe term health care professional means a physician (including a medical doctor or doctor of osteopathic medicine), registered nurse, athletic trainer, physical therapist, neuropsychologist, or other qualified individual— (A) who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; and (B) whose scope of practice and experience includes the diagnosis and management of traumatic brain injury among a pediatric population. (3) Parent \nThe term parent means biological or adoptive parents or legal guardians, as determined by applicable State law. (4) Public school \nThe term public school means an elementary school or secondary school (as such terms are so defined), including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (5) School personnel \nThe term school personnel includes teachers, principals, administrators, counselors, social workers, psychologists, nurses, librarians, coaches and athletic trainers, and other support staff who are employed by a school or who perform services for the school on a contractual basis. (6) School-sponsored athletic activity \nThe term school-sponsored athletic activity means— (A) any physical education class or program of a public school; (B) any athletic activity authorized by a public school that takes place during the school day on the school’s property; (C) any activity of an extracurricular sports team, club, or league organized by a public school; and (D) any recess activity of a public school.", "id": "id873b10b4dfd1403e88eafad16b372d3f", "header": "Definitions" }, { "text": "4. Heat advisory and heat acclimatization guidelines for secondary school athletics \nPart H of title VIII of the Elementary and Secondary Education Act of 1965, as added by this Act, is amended by adding at the end the following: 2 Heat advisory and heat acclimatization procedures \n8711. Heat advisory and heat acclimatization procedures \n(a) Materials and resources \nThe Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall develop public education and awareness materials and resources to be disseminated to school administrators, school health professionals, coaches, families, and other appropriate individuals. The materials and resources shall include— (1) information regarding the health risks associated with exposure to excessive heat and excessive humidity, as defined by the National Weather Service; (2) tips and recommendations on how to avoid heat-related illness, including proper hydration and access to the indoors or cooling stations; and (3) strategies for heat-acclimatization that address the types and duration of athletic activities considered to be generally safe during periods of excessive heat. (b) Implantation of excessive heat action plan \nPublic schools shall develop an excessive heat action plan to be used during all school-sponsored athletic activities that occur during periods of excessive heat and humidity. Such plan shall— (1) be in effect prior to full scale athletic participation by students, including any practices or scrimmages prior to the beginning of the school’s academic year; and (2) apply to days when an Excessive Heat Watch or Excessive Heat Warning or Advisory has been issued by the National Weather Service for the area in which the athletic event is to take place..", "id": "id9f0cfa0e76984d23874d75c4397c625e", "header": "Heat advisory and heat acclimatization guidelines for secondary school athletics" }, { "text": "8711. Heat advisory and heat acclimatization procedures \n(a) Materials and resources \nThe Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall develop public education and awareness materials and resources to be disseminated to school administrators, school health professionals, coaches, families, and other appropriate individuals. The materials and resources shall include— (1) information regarding the health risks associated with exposure to excessive heat and excessive humidity, as defined by the National Weather Service; (2) tips and recommendations on how to avoid heat-related illness, including proper hydration and access to the indoors or cooling stations; and (3) strategies for heat-acclimatization that address the types and duration of athletic activities considered to be generally safe during periods of excessive heat. (b) Implantation of excessive heat action plan \nPublic schools shall develop an excessive heat action plan to be used during all school-sponsored athletic activities that occur during periods of excessive heat and humidity. Such plan shall— (1) be in effect prior to full scale athletic participation by students, including any practices or scrimmages prior to the beginning of the school’s academic year; and (2) apply to days when an Excessive Heat Watch or Excessive Heat Warning or Advisory has been issued by the National Weather Service for the area in which the athletic event is to take place.", "id": "id6731ee3d10bf4ae79d9d187e756bb0c4", "header": "Heat advisory and heat acclimatization procedures" }, { "text": "5. Guidelines for emergency action plans for athletics \nThe Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the Secretary of Education, shall work with stakeholder organizations to develop recommended guidelines for the development of emergency action plans for youth athletics. Such plans shall include the following: (1) Identifying the characteristics of an athletic, medical, or health emergency. (2) Procedures for accessing emergency communication equipment and contacting emergency personnel, including providing directions to the specific location of the athletic venue that is used by the youth athletic group or organization. (3) Instructions for accessing and utilizing appropriate first-aid, CPR techniques, and emergency equipment, such as an automatic external defibrillator.", "id": "id3e487b7101f949d0a85ec32eefc7f2fb", "header": "Guidelines for emergency action plans for athletics" }, { "text": "6. Guidelines for safe energy drink use by youth athletes \n(a) Development of guidelines \nNot later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, in collaboration with the Director of the Centers for Disease Control and Prevention and other related Federal agencies, may— (1) develop information about the ingredients used in energy drinks and the potential side effects of energy drink consumption; and (2) recommend guidelines for the safe use of energy drink consumption by youth, including youth participating in athletic activities. (b) Dissemination of guidelines \nNot later than 6 months after any information or guidelines are developed under subsection (a), the Secretary of Education, in coordination with the Commissioner of Food and Drugs, shall disseminate such information and guidelines to school administrators, educators, school health professionals, coaches, families, and other appropriate individuals. (c) Energy drink defined \nIn this section, the term energy drink means a class of products in liquid form, marketed as either a dietary supplement or conventional food under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), for the stated purpose of providing the consumer with added physical or mental energy, and that contains each of the following: (1) Caffeine. (2) At least 1 of the following ingredients: (A) Taurine. (B) Guarana. (C) Ginseng. (D) B vitamins such as cobalamin, folic acid, pyridoxine, or niacin. (E) Any other ingredient added for the express purpose of providing physical or mental energy, as determined during the development of guidelines in accordance with subsection (a). (d) Prohibition on restriction of marketing and sales of energy drinks \nNothing in this section shall be construed to provide the Commissioner of Food and Drugs with authority to regulate the marketing and sale of energy drinks, beyond such authority as such Commissioner has as of the date of enactment of this Act.", "id": "id468f678d30814620b3dfdb7dc7edff42", "header": "Guidelines for safe energy drink use by youth athletes" }, { "text": "7. Research relating to youth athletic safety \n(a) Expansion of CDC Research \nSection 301 of the Public Health Service Act ( 42 U.S.C. 241 ) is amended by adding at the end the following: (i) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate surveillance activities with respect to cardiac conditions, concussions, and heat-related illnesses among youth athletes.. (b) Report to Congress \nNot later than 6 years after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention and the Secretary of Education shall prepare and submit a joint report to Congress that includes information, with respect to the 5-year period beginning after the date of enactment of this Act, about— (1) the number of youth fatalities that occur while a youth is participating in an athletic activity, and the cause of each of those deaths; (2) the number of catastrophic injuries sustained by a youth while the youth is participating in an athletic activity, and the cause of such injury; (3) demographic information on youth fatalities and catastrophic injury; (4) national surveillance data on the incidence and prevalence of cardiomyopathy and other cardiac conditions, concussions, and heat-related illnesses among youth athletes; and (5) effectiveness of CPR and AED usage in cardiac emergency situations among young athletes.", "id": "idb98d9cb1c0654c2397ca139ea62fe951", "header": "Research relating to youth athletic safety" }, { "text": "8. Conforming amendments \nThe table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8601 the following new items: PART H—Youth athletic safety SUBPART 1—State requirements for the prevention and treatment of concussions Sec. 8701. Minimum State requirements. Sec. 8702. Definitions. SUBPART 2—Heat advisory and heat acclimatization procedures Sec. 8711. Heat advisory and heat acclimatization procedures..", "id": "idc43cacab35e84c60b3f93144f1d7b3c7", "header": "Conforming amendments" } ]
14
1. Short title This Act may be cited as the Supporting Athletes, Families and Educators to Protect the Lives of Athletic Youth Act or the SAFE PLAY Act. 2. Education, awareness, and training for pediatric cardiac conditions to increase earlier diagnosis and prevent sudden cardiac death Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–7. Materials and educational resources to increase awareness of cardiomyopathy and other high-risk childhood cardiac conditions among school administrators, educators, school health professionals, coaches, students, and families (a) Materials and resources Not later than 12 months after the date of enactment of the SAFE PLAY Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the Director ) and in consultation with national patient advocacy and health organizations with expertise in cardiac health and all forms of pediatric cardiomyopathy, shall develop educational materials and resources to be disseminated to school administrators, educators, school health professionals, coaches, students, families, and other appropriate individuals. The materials and resources shall include— (1) information on the signs, symptoms, and risk factors associated with high risk cardiac conditions and genetic heart rhythm abnormalities that may cause sudden cardiac arrest in children, adolescents, and young adults, including— (A) cardiomyopathy; (B) long QT syndrome, Brugada syndrome, catecholaminergic polymorphic ventricular tachycardia, short QT syndrome, Wolff-Parkinson-White syndrome; and (C) other high-risk cardiac conditions, as determined by the Secretary; (2) sudden cardiac arrest risk assessment worksheets to help identify higher risk children and adolescents with possible life-threatening cardiac conditions who may need additional medical screening and treatment; (3) guidelines and training materials for schools, childcare centers, and local youth athletic organizations to handle cardiac emergencies, covering cardiopulmonary resuscitation (referred to in this section and section 399V–8 as CPR ) and ways to obtain certification on CPR delivery; (4) guidelines and training materials for schools, childcare centers, and local youth athletic organizations to handle cardiac emergencies, on the proper placement, usage, and maintenance of automatic external defibrillators (referred to in this section and section 399V–8 as AED ) and ways to obtain certification on AED usage; and (5) recommendations on developing and implementing a cardiac emergency response plan at schools, childcare centers, and local youth athletic organizations, including recommendations on how local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) can apply such response plans to students enrolled in public schools served by such local educational agencies. (b) Development of materials and resources The Secretary, acting through the Director, shall develop and update, as necessary and appropriate, the materials and resources described in subsection (a) and, in support of such effort, the Secretary is encouraged to establish an advisory panel that includes the following members: (1) Representatives from national patient advocacy organizations, including— (A) not less than 1 organization dedicated to promoting research, education, and awareness of all forms of pediatric cardiac cardiomyopathy; (B) not less than 1 organization dedicated to research, and education, and awareness of high-risk cardiac conditions and genetic heart rhythm abnormalities; (C) not less than 1 organization dedicated to school-based wellness; (D) not less than 1 organization dedicated to advocacy and support for individuals with cognitive impairments or developmental disabilities; and (E) not less than 1 organization dedicated to addressing minority health disparities. (2) Representatives of medical and health care professional societies, including pediatrics, cardiology, emergency medicine, and sports medicine. (3) A representative of the Centers for Disease Control and Prevention. (4) Representatives of other relevant Federal agencies, including the Department of Education and the National Institutes of Health. (5) Representatives of schools, such as administrators, educators, sports coaches, and nurses. (c) Dissemination of materials and resources Not later than 24 months after the date of enactment of the SAFE PLAY Act, the Secretary, acting through the Director, shall disseminate the materials and resources described in subsection (a) in accordance with the following: (1) Distribution by local educational agencies The Secretary shall make available such materials and resources to local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) to distribute— (A) to school administrators, educators, school health professionals, coaches, students, and parents, guardians, or other caregivers, information on the signs, symptoms, and risk factors of high-risk cardiac conditions; (B) to parents, guardians, or other caregivers, the cardiomyopathy and sudden cardiac arrest risk assessment worksheets described in subsection (a)(2); (C) to school administrators, school health professionals, and coaches— (i) the information and training materials described in subsection (a)(3); and (ii) the guidelines and training materials described in subsection (a)(4); and (D) to school administrators, educators, school health professionals, coaches, and youth sports organizations, the recommendations described in subsection (a)(5). (2) Dissemination to health departments and professionals The Secretary shall make available such materials and resources to State and local health departments. (3) Dissemination of information through the internet (A) CDC (i) In general The Secretary, acting through the Director, shall post the materials and resources developed under subsection (a) on the public Internet website of the Centers for Disease Control and Prevention. (ii) Maintenance of information The Director shall maintain and update when necessary such materials and resources developed under subsection (a) on the public Internet website to ensure such information reflects the latest standards. (B) State educational agencies State educational agencies are encouraged to work with State Health Departments to create Internet webpages to disseminate the materials and resources developed under subsection (a) to the general public, with an emphasis on targeting students and their families. (4) Accessibility of information The information regarding the materials and resources developed under subsection (a) shall be made available in a format and in a manner that is readily accessible to individuals with cognitive and sensory impairments. (d) Definitions In this section: (1) School administrators The term school administrator means a principal, director, manager, or other supervisor or leader within an elementary school or secondary school (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), State-based early education program, or childcare center. (2) Schools The term school means an early education program, childcare center, or elementary school or secondary school (as such terms are so defined) that is not an Internet- or computer-based community school. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2023 through 2028. 399V–8. Grants to provide for CPR and AED training and purchase of AED equipment for public childcare centers, elementary, middle, and secondary schools (a) Authority To make grants The Secretary, in consultation with the Secretary of Education, shall award grants to eligible local educational agencies— (1) to enable such local educational agencies to purchase AEDs and offer CPR and AED training courses that are nationally certified; or (2) to enable such local educational agencies to award funding to eligible schools that are served by the local educational agency to purchase and maintain AEDs and offer CPR and AED training courses that are nationally certified. (b) Use of funds An eligible local educational agency receiving a grant under this section, or an eligible school receiving grant funds under this section through an eligible local educational agency, shall use the grant funds— (1) to pay a nationally recognized training organization, such as the American Heart Association, the American Red Cross, or the National Safety Council, for instruction, materials, and equipment expenses associated with CPR and AED training in accordance with the materials and resources developed under section 399V–7(a)(3); or (2) if the local educational agency or an eligible school served by such agency meets the conditions described under subsection (c)(2), to purchase AED devices for eligible schools and pay the costs associated with obtaining the certifications necessary to meet the guidelines established in section 399V–7(a)(4). (c) Grant eligibility (1) Application To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information and certifications as such Secretary may reasonably require. (2) AED allocation and training To be eligible for grant funding to purchase AED devices as described in subsection (b)(2), an eligible local educational agency shall demonstrate to the Secretary that such local educational agency or an eligible school served by such agency has or intends to implement a CPR and AED training program and has or intends to implement an emergency cardiac response plan as of the date of the submission of the grant application. (d) Priority of award The Secretary shall award grants under this section to eligible local educational agencies based on 1 or more of the following priorities: (1) A demonstrated need for a CPR or AED training program in an eligible school or a community served by an eligible school, which may include— (A) schools that do not already have an automated AED on school grounds; (B) schools in which there are a significant number of students on school grounds during a typical day, as determined by the Secretary; (C) schools for which the average time required for emergency medical services (as defined in section 330J(e)) to reach the school is greater than the average time required for emergency medical services to reach other public facilities in the community; and (D) schools that have not received funds under the Rural Access to Emergency Devices Act ( 42 U.S.C. 254c note). (2) A demonstrated need for continued support of an existing CPR or AED training program in an eligible school or a community served by an eligible school. (3) A demonstrated need for expanding an existing CPR or AED training program by adding training in the implementation of an emergency cardiac response plan. (4) Previously identified opportunities to encourage and foster partnerships with and among community organizations, including emergency medical service providers, fire and police departments, nonprofit organizations, public health organizations, parent-teacher associations, and local and regional youth sports organizations to aid in providing training in both CPR and AED usage and in obtaining AED equipment. (e) Matching funds required (1) In general To be eligible to receive a grant under this section, an eligible local educational agency shall provide matching funds from non-Federal sources in an amount equal to not less than 25 percent of the total grant amount. (2) Waiver The Secretary may waive the requirement of paragraph (1) for an eligible local educational agency if the number of children counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c)(1)(A) ) for the local educational agency is 20 percent or more of the total number of children aged 5 to 17, inclusive, served by the eligible local educational agency. (f) Definitions In this section: (1) Eligible local educational agency The term eligible local educational agency means a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), that has established a plan to follow the guidelines and carry out the recommendations described under section 399V–7(a) regarding cardiac emergencies. (2) Eligible school The term eligible school means a public elementary, middle, or secondary school, including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2023 through 2028. 399V–9. Requirement to include cardiac conditions in existing research and investigations The Director of the Centers for Disease Control and Prevention shall develop data collection methods, to be included in the School Health Policies and Practices Survey, to determine the degree to which school administrators, educators, school health professionals, coaches, students, families, and other appropriate individuals have an understanding of cardiac issues described in section 399V–7. Such data collection methods shall be designed to collect information about— (1) the ability to accurately identify early symptoms of a cardiac condition, such as cardiomyopathy leading to cardiac arrest, and sudden cardiac death; (2) the dissemination of training described in section 399V–7(a)(3) regarding the proper performance of cardiopulmonary resuscitation; and (3) the dissemination of guidelines and training described in section 399V–7(a)(4) regarding the placement and use of automatic external defibrillators.. 399V–7. Materials and educational resources to increase awareness of cardiomyopathy and other high-risk childhood cardiac conditions among school administrators, educators, school health professionals, coaches, students, and families (a) Materials and resources Not later than 12 months after the date of enactment of the SAFE PLAY Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the Director ) and in consultation with national patient advocacy and health organizations with expertise in cardiac health and all forms of pediatric cardiomyopathy, shall develop educational materials and resources to be disseminated to school administrators, educators, school health professionals, coaches, students, families, and other appropriate individuals. The materials and resources shall include— (1) information on the signs, symptoms, and risk factors associated with high risk cardiac conditions and genetic heart rhythm abnormalities that may cause sudden cardiac arrest in children, adolescents, and young adults, including— (A) cardiomyopathy; (B) long QT syndrome, Brugada syndrome, catecholaminergic polymorphic ventricular tachycardia, short QT syndrome, Wolff-Parkinson-White syndrome; and (C) other high-risk cardiac conditions, as determined by the Secretary; (2) sudden cardiac arrest risk assessment worksheets to help identify higher risk children and adolescents with possible life-threatening cardiac conditions who may need additional medical screening and treatment; (3) guidelines and training materials for schools, childcare centers, and local youth athletic organizations to handle cardiac emergencies, covering cardiopulmonary resuscitation (referred to in this section and section 399V–8 as CPR ) and ways to obtain certification on CPR delivery; (4) guidelines and training materials for schools, childcare centers, and local youth athletic organizations to handle cardiac emergencies, on the proper placement, usage, and maintenance of automatic external defibrillators (referred to in this section and section 399V–8 as AED ) and ways to obtain certification on AED usage; and (5) recommendations on developing and implementing a cardiac emergency response plan at schools, childcare centers, and local youth athletic organizations, including recommendations on how local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) can apply such response plans to students enrolled in public schools served by such local educational agencies. (b) Development of materials and resources The Secretary, acting through the Director, shall develop and update, as necessary and appropriate, the materials and resources described in subsection (a) and, in support of such effort, the Secretary is encouraged to establish an advisory panel that includes the following members: (1) Representatives from national patient advocacy organizations, including— (A) not less than 1 organization dedicated to promoting research, education, and awareness of all forms of pediatric cardiac cardiomyopathy; (B) not less than 1 organization dedicated to research, and education, and awareness of high-risk cardiac conditions and genetic heart rhythm abnormalities; (C) not less than 1 organization dedicated to school-based wellness; (D) not less than 1 organization dedicated to advocacy and support for individuals with cognitive impairments or developmental disabilities; and (E) not less than 1 organization dedicated to addressing minority health disparities. (2) Representatives of medical and health care professional societies, including pediatrics, cardiology, emergency medicine, and sports medicine. (3) A representative of the Centers for Disease Control and Prevention. (4) Representatives of other relevant Federal agencies, including the Department of Education and the National Institutes of Health. (5) Representatives of schools, such as administrators, educators, sports coaches, and nurses. (c) Dissemination of materials and resources Not later than 24 months after the date of enactment of the SAFE PLAY Act, the Secretary, acting through the Director, shall disseminate the materials and resources described in subsection (a) in accordance with the following: (1) Distribution by local educational agencies The Secretary shall make available such materials and resources to local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) to distribute— (A) to school administrators, educators, school health professionals, coaches, students, and parents, guardians, or other caregivers, information on the signs, symptoms, and risk factors of high-risk cardiac conditions; (B) to parents, guardians, or other caregivers, the cardiomyopathy and sudden cardiac arrest risk assessment worksheets described in subsection (a)(2); (C) to school administrators, school health professionals, and coaches— (i) the information and training materials described in subsection (a)(3); and (ii) the guidelines and training materials described in subsection (a)(4); and (D) to school administrators, educators, school health professionals, coaches, and youth sports organizations, the recommendations described in subsection (a)(5). (2) Dissemination to health departments and professionals The Secretary shall make available such materials and resources to State and local health departments. (3) Dissemination of information through the internet (A) CDC (i) In general The Secretary, acting through the Director, shall post the materials and resources developed under subsection (a) on the public Internet website of the Centers for Disease Control and Prevention. (ii) Maintenance of information The Director shall maintain and update when necessary such materials and resources developed under subsection (a) on the public Internet website to ensure such information reflects the latest standards. (B) State educational agencies State educational agencies are encouraged to work with State Health Departments to create Internet webpages to disseminate the materials and resources developed under subsection (a) to the general public, with an emphasis on targeting students and their families. (4) Accessibility of information The information regarding the materials and resources developed under subsection (a) shall be made available in a format and in a manner that is readily accessible to individuals with cognitive and sensory impairments. (d) Definitions In this section: (1) School administrators The term school administrator means a principal, director, manager, or other supervisor or leader within an elementary school or secondary school (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), State-based early education program, or childcare center. (2) Schools The term school means an early education program, childcare center, or elementary school or secondary school (as such terms are so defined) that is not an Internet- or computer-based community school. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2023 through 2028. 399V–8. Grants to provide for CPR and AED training and purchase of AED equipment for public childcare centers, elementary, middle, and secondary schools (a) Authority To make grants The Secretary, in consultation with the Secretary of Education, shall award grants to eligible local educational agencies— (1) to enable such local educational agencies to purchase AEDs and offer CPR and AED training courses that are nationally certified; or (2) to enable such local educational agencies to award funding to eligible schools that are served by the local educational agency to purchase and maintain AEDs and offer CPR and AED training courses that are nationally certified. (b) Use of funds An eligible local educational agency receiving a grant under this section, or an eligible school receiving grant funds under this section through an eligible local educational agency, shall use the grant funds— (1) to pay a nationally recognized training organization, such as the American Heart Association, the American Red Cross, or the National Safety Council, for instruction, materials, and equipment expenses associated with CPR and AED training in accordance with the materials and resources developed under section 399V–7(a)(3); or (2) if the local educational agency or an eligible school served by such agency meets the conditions described under subsection (c)(2), to purchase AED devices for eligible schools and pay the costs associated with obtaining the certifications necessary to meet the guidelines established in section 399V–7(a)(4). (c) Grant eligibility (1) Application To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information and certifications as such Secretary may reasonably require. (2) AED allocation and training To be eligible for grant funding to purchase AED devices as described in subsection (b)(2), an eligible local educational agency shall demonstrate to the Secretary that such local educational agency or an eligible school served by such agency has or intends to implement a CPR and AED training program and has or intends to implement an emergency cardiac response plan as of the date of the submission of the grant application. (d) Priority of award The Secretary shall award grants under this section to eligible local educational agencies based on 1 or more of the following priorities: (1) A demonstrated need for a CPR or AED training program in an eligible school or a community served by an eligible school, which may include— (A) schools that do not already have an automated AED on school grounds; (B) schools in which there are a significant number of students on school grounds during a typical day, as determined by the Secretary; (C) schools for which the average time required for emergency medical services (as defined in section 330J(e)) to reach the school is greater than the average time required for emergency medical services to reach other public facilities in the community; and (D) schools that have not received funds under the Rural Access to Emergency Devices Act ( 42 U.S.C. 254c note). (2) A demonstrated need for continued support of an existing CPR or AED training program in an eligible school or a community served by an eligible school. (3) A demonstrated need for expanding an existing CPR or AED training program by adding training in the implementation of an emergency cardiac response plan. (4) Previously identified opportunities to encourage and foster partnerships with and among community organizations, including emergency medical service providers, fire and police departments, nonprofit organizations, public health organizations, parent-teacher associations, and local and regional youth sports organizations to aid in providing training in both CPR and AED usage and in obtaining AED equipment. (e) Matching funds required (1) In general To be eligible to receive a grant under this section, an eligible local educational agency shall provide matching funds from non-Federal sources in an amount equal to not less than 25 percent of the total grant amount. (2) Waiver The Secretary may waive the requirement of paragraph (1) for an eligible local educational agency if the number of children counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c)(1)(A) ) for the local educational agency is 20 percent or more of the total number of children aged 5 to 17, inclusive, served by the eligible local educational agency. (f) Definitions In this section: (1) Eligible local educational agency The term eligible local educational agency means a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), that has established a plan to follow the guidelines and carry out the recommendations described under section 399V–7(a) regarding cardiac emergencies. (2) Eligible school The term eligible school means a public elementary, middle, or secondary school, including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2023 through 2028. 399V–9. Requirement to include cardiac conditions in existing research and investigations The Director of the Centers for Disease Control and Prevention shall develop data collection methods, to be included in the School Health Policies and Practices Survey, to determine the degree to which school administrators, educators, school health professionals, coaches, students, families, and other appropriate individuals have an understanding of cardiac issues described in section 399V–7. Such data collection methods shall be designed to collect information about— (1) the ability to accurately identify early symptoms of a cardiac condition, such as cardiomyopathy leading to cardiac arrest, and sudden cardiac death; (2) the dissemination of training described in section 399V–7(a)(3) regarding the proper performance of cardiopulmonary resuscitation; and (3) the dissemination of guidelines and training described in section 399V–7(a)(4) regarding the placement and use of automatic external defibrillators. 3. Prevention and treatment of youth athlete concussions Title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ) is amended by adding at the end the following: H Youth athletic safety 1 State requirements for the prevention and treatment of concussions 8701. Minimum State requirements (a) In general Beginning for fiscal year 2023, as a condition of receiving funds under this Act for a fiscal year, a State shall, not later than July 1 of the preceding fiscal year, certify to the Secretary in accordance with subsection (b) that the State has in effect and is enforcing a law or regulation that, at a minimum, establishes the following requirements: (1) Local educational agency concussion safety and management plan Each local educational agency in the State (including each public charter school that is considered a local educational agency under State law), in consultation with members of the community in which the local educational agency is located, and taking into consideration the guidelines of the Centers for Disease Control and Prevention’s Pediatric Mild Traumatic Brain Injury Guideline Workgroup, shall develop and implement a standard plan for concussion safety and management for public schools served by the local educational agency that includes— (A) the education of students, school administrators, educators, coaches, youth sports organizations, parents, and school personnel about concussions, including— (i) training of school personnel on evidence-based concussion safety and management, including prevention, recognition, risk, academic consequences, and response for both initial and any subsequent concussions; and (ii) using, maintaining, and disseminating to students and parents release forms, treatment plans, observation, monitoring, and reporting forms, recordkeeping forms, and post-injury and prevention fact sheets about concussions; (B) supports for each student recovering from a concussion, including— (i) guiding the student in resuming participation in school-sponsored athletic activities and academic activities with the help of a multidisciplinary concussion management team, which shall include— (I) a health care professional, the parents of such student, and other relevant school personnel; and (II) an individual who is assigned by the public school in which the student is enrolled to oversee and manage the recovery of the student; (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on such student; and (iii) if the student's symptoms of concussion persist for a substantial period of time— (I) evaluating the student in accordance with section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ) to determine whether the student is eligible for services under part B of such Act ( 20 U.S.C. 1411 et seq. ); or (II) evaluating whether the student is eligible for services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (C) best practices, as defined by national neurological medical specialty and sports health organizations, designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, including— (i) disseminating information on concussion safety and management to the public; and (ii) applying best practice and uniform standards for concussion safety and management to all students enrolled in the public schools served by the local educational agency. (2) Posting of information on concussions Each public school in the State shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that— (A) is based on peer-reviewed scientific evidence or consensus (such as information made available by the Centers for Disease Control and Prevention); (B) shall include— (i) the risks posed by sustaining a concussion or multiple concussions; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include— (i) the definition of a concussion under section 8702(1); (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to a concussion If any school personnel of a public school in the State suspect that a student has sustained a concussion during a school-sponsored athletic activity or other school-sponsored activity— (A) the student shall be— (i) immediately removed from participation in such activity; and (ii) prohibited from resuming participation in school-sponsored athletic activities— (I) on the day the student sustained the concussion; and (II) until the day the student is capable of resuming such participation, according to the student's written release, as described in paragraphs (4) and (5); (B) the school personnel shall report to the concussion management team described under paragraph (1)(B)(i)— (i) that the student may have sustained a concussion; and (ii) all available information with respect to the student's injury; and (C) the concussion management team shall confirm and report to the parents of the student— (i) the type of injury, and the date and time of the injury, suffered by the student; and (ii) any actions that have been taken to treat the student. (4) Return to athletics If a student enrolled in a public school in the State sustains a concussion, before the student resumes participation in school-sponsored athletic activities, the relevant school personnel shall receive a written release from a health care professional, that— (A) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that— (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on the student on a progressive basis so long as such increases in exertion do not cause the re-emergence or worsening of symptoms of a concussion; and (B) states that the student is capable of resuming participation in such activities once the student is asymptomatic. (5) Return to academics If a student enrolled in a public school in the State has sustained a concussion, the concussion management team (as described under paragraph (1)(B)(i)) of the school shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including— (A) providing for periods of cognitive rest over the course of the school day; (B) providing modified academic assignments; (C) allowing for gradual reintroduction to cognitive demands; and (D) other appropriate academic accommodations or adjustments. (b) Certification requirement The certification required under subsection (a) shall be in writing and include a description of the law or regulation that meets the requirements of subsection (a). 8702. Definitions In this part: (1) Concussion The term concussion means a type of mild traumatic brain injury that— (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the physiological state of the individual, causing the individual to experience— (i) any period of observed or self-reported— (I) transient confusion, disorientation, or altered consciousness; (II) dysfunction of memory around the time of injury; or (III) disruptions in gait or balance; and (ii) symptoms that may include— (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) occurs— (i) with or without the loss of consciousness; and (ii) during participation— (I) in a school-sponsored athletic activity; or (II) in any other activity without regard to whether the activity takes place on school property or during the school day. (2) Health care professional The term health care professional means a physician (including a medical doctor or doctor of osteopathic medicine), registered nurse, athletic trainer, physical therapist, neuropsychologist, or other qualified individual— (A) who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; and (B) whose scope of practice and experience includes the diagnosis and management of traumatic brain injury among a pediatric population. (3) Parent The term parent means biological or adoptive parents or legal guardians, as determined by applicable State law. (4) Public school The term public school means an elementary school or secondary school (as such terms are so defined), including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (5) School personnel The term school personnel includes teachers, principals, administrators, counselors, social workers, psychologists, nurses, librarians, coaches and athletic trainers, and other support staff who are employed by a school or who perform services for the school on a contractual basis. (6) School-sponsored athletic activity The term school-sponsored athletic activity means— (A) any physical education class or program of a public school; (B) any athletic activity authorized by a public school that takes place during the school day on the school’s property; (C) any activity of an extracurricular sports team, club, or league organized by a public school; and (D) any recess activity of a public school.. 8701. Minimum State requirements (a) In general Beginning for fiscal year 2023, as a condition of receiving funds under this Act for a fiscal year, a State shall, not later than July 1 of the preceding fiscal year, certify to the Secretary in accordance with subsection (b) that the State has in effect and is enforcing a law or regulation that, at a minimum, establishes the following requirements: (1) Local educational agency concussion safety and management plan Each local educational agency in the State (including each public charter school that is considered a local educational agency under State law), in consultation with members of the community in which the local educational agency is located, and taking into consideration the guidelines of the Centers for Disease Control and Prevention’s Pediatric Mild Traumatic Brain Injury Guideline Workgroup, shall develop and implement a standard plan for concussion safety and management for public schools served by the local educational agency that includes— (A) the education of students, school administrators, educators, coaches, youth sports organizations, parents, and school personnel about concussions, including— (i) training of school personnel on evidence-based concussion safety and management, including prevention, recognition, risk, academic consequences, and response for both initial and any subsequent concussions; and (ii) using, maintaining, and disseminating to students and parents release forms, treatment plans, observation, monitoring, and reporting forms, recordkeeping forms, and post-injury and prevention fact sheets about concussions; (B) supports for each student recovering from a concussion, including— (i) guiding the student in resuming participation in school-sponsored athletic activities and academic activities with the help of a multidisciplinary concussion management team, which shall include— (I) a health care professional, the parents of such student, and other relevant school personnel; and (II) an individual who is assigned by the public school in which the student is enrolled to oversee and manage the recovery of the student; (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on such student; and (iii) if the student's symptoms of concussion persist for a substantial period of time— (I) evaluating the student in accordance with section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ) to determine whether the student is eligible for services under part B of such Act ( 20 U.S.C. 1411 et seq. ); or (II) evaluating whether the student is eligible for services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (C) best practices, as defined by national neurological medical specialty and sports health organizations, designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, including— (i) disseminating information on concussion safety and management to the public; and (ii) applying best practice and uniform standards for concussion safety and management to all students enrolled in the public schools served by the local educational agency. (2) Posting of information on concussions Each public school in the State shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that— (A) is based on peer-reviewed scientific evidence or consensus (such as information made available by the Centers for Disease Control and Prevention); (B) shall include— (i) the risks posed by sustaining a concussion or multiple concussions; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include— (i) the definition of a concussion under section 8702(1); (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to a concussion If any school personnel of a public school in the State suspect that a student has sustained a concussion during a school-sponsored athletic activity or other school-sponsored activity— (A) the student shall be— (i) immediately removed from participation in such activity; and (ii) prohibited from resuming participation in school-sponsored athletic activities— (I) on the day the student sustained the concussion; and (II) until the day the student is capable of resuming such participation, according to the student's written release, as described in paragraphs (4) and (5); (B) the school personnel shall report to the concussion management team described under paragraph (1)(B)(i)— (i) that the student may have sustained a concussion; and (ii) all available information with respect to the student's injury; and (C) the concussion management team shall confirm and report to the parents of the student— (i) the type of injury, and the date and time of the injury, suffered by the student; and (ii) any actions that have been taken to treat the student. (4) Return to athletics If a student enrolled in a public school in the State sustains a concussion, before the student resumes participation in school-sponsored athletic activities, the relevant school personnel shall receive a written release from a health care professional, that— (A) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that— (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on the student on a progressive basis so long as such increases in exertion do not cause the re-emergence or worsening of symptoms of a concussion; and (B) states that the student is capable of resuming participation in such activities once the student is asymptomatic. (5) Return to academics If a student enrolled in a public school in the State has sustained a concussion, the concussion management team (as described under paragraph (1)(B)(i)) of the school shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including— (A) providing for periods of cognitive rest over the course of the school day; (B) providing modified academic assignments; (C) allowing for gradual reintroduction to cognitive demands; and (D) other appropriate academic accommodations or adjustments. (b) Certification requirement The certification required under subsection (a) shall be in writing and include a description of the law or regulation that meets the requirements of subsection (a). 8702. Definitions In this part: (1) Concussion The term concussion means a type of mild traumatic brain injury that— (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the physiological state of the individual, causing the individual to experience— (i) any period of observed or self-reported— (I) transient confusion, disorientation, or altered consciousness; (II) dysfunction of memory around the time of injury; or (III) disruptions in gait or balance; and (ii) symptoms that may include— (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) occurs— (i) with or without the loss of consciousness; and (ii) during participation— (I) in a school-sponsored athletic activity; or (II) in any other activity without regard to whether the activity takes place on school property or during the school day. (2) Health care professional The term health care professional means a physician (including a medical doctor or doctor of osteopathic medicine), registered nurse, athletic trainer, physical therapist, neuropsychologist, or other qualified individual— (A) who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; and (B) whose scope of practice and experience includes the diagnosis and management of traumatic brain injury among a pediatric population. (3) Parent The term parent means biological or adoptive parents or legal guardians, as determined by applicable State law. (4) Public school The term public school means an elementary school or secondary school (as such terms are so defined), including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (5) School personnel The term school personnel includes teachers, principals, administrators, counselors, social workers, psychologists, nurses, librarians, coaches and athletic trainers, and other support staff who are employed by a school or who perform services for the school on a contractual basis. (6) School-sponsored athletic activity The term school-sponsored athletic activity means— (A) any physical education class or program of a public school; (B) any athletic activity authorized by a public school that takes place during the school day on the school’s property; (C) any activity of an extracurricular sports team, club, or league organized by a public school; and (D) any recess activity of a public school. 4. Heat advisory and heat acclimatization guidelines for secondary school athletics Part H of title VIII of the Elementary and Secondary Education Act of 1965, as added by this Act, is amended by adding at the end the following: 2 Heat advisory and heat acclimatization procedures 8711. Heat advisory and heat acclimatization procedures (a) Materials and resources The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall develop public education and awareness materials and resources to be disseminated to school administrators, school health professionals, coaches, families, and other appropriate individuals. The materials and resources shall include— (1) information regarding the health risks associated with exposure to excessive heat and excessive humidity, as defined by the National Weather Service; (2) tips and recommendations on how to avoid heat-related illness, including proper hydration and access to the indoors or cooling stations; and (3) strategies for heat-acclimatization that address the types and duration of athletic activities considered to be generally safe during periods of excessive heat. (b) Implantation of excessive heat action plan Public schools shall develop an excessive heat action plan to be used during all school-sponsored athletic activities that occur during periods of excessive heat and humidity. Such plan shall— (1) be in effect prior to full scale athletic participation by students, including any practices or scrimmages prior to the beginning of the school’s academic year; and (2) apply to days when an Excessive Heat Watch or Excessive Heat Warning or Advisory has been issued by the National Weather Service for the area in which the athletic event is to take place.. 8711. Heat advisory and heat acclimatization procedures (a) Materials and resources The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall develop public education and awareness materials and resources to be disseminated to school administrators, school health professionals, coaches, families, and other appropriate individuals. The materials and resources shall include— (1) information regarding the health risks associated with exposure to excessive heat and excessive humidity, as defined by the National Weather Service; (2) tips and recommendations on how to avoid heat-related illness, including proper hydration and access to the indoors or cooling stations; and (3) strategies for heat-acclimatization that address the types and duration of athletic activities considered to be generally safe during periods of excessive heat. (b) Implantation of excessive heat action plan Public schools shall develop an excessive heat action plan to be used during all school-sponsored athletic activities that occur during periods of excessive heat and humidity. Such plan shall— (1) be in effect prior to full scale athletic participation by students, including any practices or scrimmages prior to the beginning of the school’s academic year; and (2) apply to days when an Excessive Heat Watch or Excessive Heat Warning or Advisory has been issued by the National Weather Service for the area in which the athletic event is to take place. 5. Guidelines for emergency action plans for athletics The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the Secretary of Education, shall work with stakeholder organizations to develop recommended guidelines for the development of emergency action plans for youth athletics. Such plans shall include the following: (1) Identifying the characteristics of an athletic, medical, or health emergency. (2) Procedures for accessing emergency communication equipment and contacting emergency personnel, including providing directions to the specific location of the athletic venue that is used by the youth athletic group or organization. (3) Instructions for accessing and utilizing appropriate first-aid, CPR techniques, and emergency equipment, such as an automatic external defibrillator. 6. Guidelines for safe energy drink use by youth athletes (a) Development of guidelines Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, in collaboration with the Director of the Centers for Disease Control and Prevention and other related Federal agencies, may— (1) develop information about the ingredients used in energy drinks and the potential side effects of energy drink consumption; and (2) recommend guidelines for the safe use of energy drink consumption by youth, including youth participating in athletic activities. (b) Dissemination of guidelines Not later than 6 months after any information or guidelines are developed under subsection (a), the Secretary of Education, in coordination with the Commissioner of Food and Drugs, shall disseminate such information and guidelines to school administrators, educators, school health professionals, coaches, families, and other appropriate individuals. (c) Energy drink defined In this section, the term energy drink means a class of products in liquid form, marketed as either a dietary supplement or conventional food under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), for the stated purpose of providing the consumer with added physical or mental energy, and that contains each of the following: (1) Caffeine. (2) At least 1 of the following ingredients: (A) Taurine. (B) Guarana. (C) Ginseng. (D) B vitamins such as cobalamin, folic acid, pyridoxine, or niacin. (E) Any other ingredient added for the express purpose of providing physical or mental energy, as determined during the development of guidelines in accordance with subsection (a). (d) Prohibition on restriction of marketing and sales of energy drinks Nothing in this section shall be construed to provide the Commissioner of Food and Drugs with authority to regulate the marketing and sale of energy drinks, beyond such authority as such Commissioner has as of the date of enactment of this Act. 7. Research relating to youth athletic safety (a) Expansion of CDC Research Section 301 of the Public Health Service Act ( 42 U.S.C. 241 ) is amended by adding at the end the following: (i) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate surveillance activities with respect to cardiac conditions, concussions, and heat-related illnesses among youth athletes.. (b) Report to Congress Not later than 6 years after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention and the Secretary of Education shall prepare and submit a joint report to Congress that includes information, with respect to the 5-year period beginning after the date of enactment of this Act, about— (1) the number of youth fatalities that occur while a youth is participating in an athletic activity, and the cause of each of those deaths; (2) the number of catastrophic injuries sustained by a youth while the youth is participating in an athletic activity, and the cause of such injury; (3) demographic information on youth fatalities and catastrophic injury; (4) national surveillance data on the incidence and prevalence of cardiomyopathy and other cardiac conditions, concussions, and heat-related illnesses among youth athletes; and (5) effectiveness of CPR and AED usage in cardiac emergency situations among young athletes. 8. Conforming amendments The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8601 the following new items: PART H—Youth athletic safety SUBPART 1—State requirements for the prevention and treatment of concussions Sec. 8701. Minimum State requirements. Sec. 8702. Definitions. SUBPART 2—Heat advisory and heat acclimatization procedures Sec. 8711. Heat advisory and heat acclimatization procedures..
55,998
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117
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1,744
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To improve national security at the National Institutes of Health, to address national security issues in the licensure of biological products, to address national security considerations in research at the Department of Health and Human Services, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Genomics Data Security Act.", "id": "S1", "header": "Short title" }, { "text": "2. Modernizing the National Institutes of Health’s approach to national security \nSection 402(m)(2) of the Public Health Service Act ( 42 U.S.C. 282(m)(2) ) is amended— (1) in subparagraph (E), by striking ; and and inserting a semicolon; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) address national security issues, including ways in which the National Institutes of Health can engage with other Federal agencies to modernize the national security strategy of the National Institutes of Health; and.", "id": "idAE2E42A5935B46CBB80CB802E896AFAA", "header": "Modernizing the National Institutes of Health’s approach to national security" }, { "text": "3. Utilization of genomic sequencing services by the National Institutes of Health \nNotwithstanding any other provision of law, no amounts made available to the National Institutes of Health may be used with respect to activities carried out by any company or its subcontractors or subsidiaries— (1) over which control is exercised or exercisable by the Government of the People's Republic of China, a national of the People’s Republic of China, or an entity organized under the laws of the People’s Republic of China; or (2) in which the Government of the People's Republic of China has a substantial interest.", "id": "idF2370BEBE0A64C5499C66630FF25FF9B", "header": "Utilization of genomic sequencing services by the National Institutes of Health" }, { "text": "4. National security considerations through licensure \nSection 353 of the Public Health Service Act ( 42 U.S.C. 263a ) is amended— (1) by redesignating subsection (q) as subsection (r); and (2) by inserting after subsection (p) the following: (q) Ties to the People's Republic of China \n(1) In general \nEach certificate issued by the Secretary under this section shall state whether— (A) the laboratory; (B) the company that owns or manages the laboratory; or (C) any subcontractors or subsidiaries of such a laboratory or company, is an entity described in paragraph (2). (2) Entity described \nAn entity described in this paragraph is an entity— (A) (i) that is engaged in the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, people of the United States; or (ii) that handles or has access to any data related to people of the United States that is derived from any activity described in clause (i); and (B) (i) over which control is exercised or exercisable by the Government of the People's Republic of China, a national of the People’s Republic of China, or an entity organized under the laws of the People’s Republic of China; or (ii) in which the Government of the People's Republic of China has a substantial interest..", "id": "idE4E718DA50F94BAF8CB60E6CDD230DE9", "header": "National security considerations through licensure" }, { "text": "5. NIH Grantee ties to foreign governments \nTitle IV of the Public Health Service Act is amended by inserting after section 403C ( 42 U.S.C. 283a–2 ) the following: 403C–1. Annual reporting regarding grantee ties to foreign governments \n(a) In general \nOn an annual basis, the Director of NIH shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate, and to the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on any ties to foreign governments that researchers funded by grants from the National Institutes of Health have and that are not properly disclosed, vetted, and approved by the National Institutes of Health, including the status of any ongoing National Institutes of Health compliance reviews related to such ties and all administrative actions taken to address such concerns. (b) Requirement \nThe Committees receiving the reports under subsection (a) shall keep confidential, and shall not release, any provision of such a report that is related to an ongoing National Institutes of Health compliance review..", "id": "idD868D2A0C0E74D40AB26DD16EF9B6E03", "header": "NIH Grantee ties to foreign governments" }, { "text": "403C–1. Annual reporting regarding grantee ties to foreign governments \n(a) In general \nOn an annual basis, the Director of NIH shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate, and to the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on any ties to foreign governments that researchers funded by grants from the National Institutes of Health have and that are not properly disclosed, vetted, and approved by the National Institutes of Health, including the status of any ongoing National Institutes of Health compliance reviews related to such ties and all administrative actions taken to address such concerns. (b) Requirement \nThe Committees receiving the reports under subsection (a) shall keep confidential, and shall not release, any provision of such a report that is related to an ongoing National Institutes of Health compliance review.", "id": "id3A97806338764E9AA14792B840B573B5", "header": "Annual reporting regarding grantee ties to foreign governments" }, { "text": "6. National security considerations in research \n(a) Establishment of working group \nNot later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a working group (in this Act referred to as the Working Group ) in the Department of Health and Human Services to make recommended updates to the National Institute of Health’s Genomic Data Sharing Policy and to that end, develop and disseminate best practices on data sharing for use by entities engaged in biomedical research and international collaboration to enable both academic, public, and private institutions to— (1) protect intellectual property; (2) weigh the national security risks of potential partnerships where sensitive health information (for purposes of this Act, as defined by the Health IT Policy Committee), of the people of the United States is exchanged; and (3) protect the sensitive health information of the people of the United States. (b) Membership \n(1) Composition \nThe Secretary shall, after consultation with the Director of the National Science Foundation and the Attorney General, appoint to the Working Group— (A) individuals with knowledge and expertise in data privacy or security, data-sharing, national security, or the uses of genomic technology and information in clinical or non-clinical research; (B) representatives of national associations representing biomedical research institutions and academic societies; (C) representatives of at least 2 major genomics research organizations from the private sector; and (D) representatives of any other entities the Secretary determines appropriate and necessary to develop the best practices described in subsection (a). (2) Representation \nIn addition to the members described in paragraph (1), the Working Group shall include not less than one representative of each of the following: (A) The National Institutes of Health. (B) The Bureau of Industry and Security of the Department of Commerce. (C) The National Academies of Science, Engineering, and Mathematics. (D) The Department of State. (E) The Department of Justice. (F) The Federal Health IT Coordinating Council. (G) The Office of the National Coordinator for Health Information Technology. (H) The Defense Advanced Research Projects Agency. (I) The Department of Energy. (3) Date \nThe appointments of the members of the Working Group shall be made not later than 90 days after the date of enactment of this Act. (c) Duties of Working Group \n(1) Study \nThe Working Group shall study— (A) the transfer of data between private, public, and academic institutions that partake in science and technology research and their research partners, with a focus on entities of the People’s Republic of China and other foreign entities of concern, including a review of what circumstances would constitute a transfer of data; (B) best practices regarding data protection to help private, public, and academic institutions that partake in biomedical research decide how to weigh and factor national security into their partnership decisions and, through research collaborations, what steps the institutions can take to safeguard data, particularly genomic data; (C) recommendations regarding areas where Federal agencies can coordinate to increase education to such private and academic research institutions that partake in science and technology research to ensure the institutions can better protect themselves from economic threats with a strengthened understanding of intellectual property rights, research ethics, and the risk of intellectual property theft, as well as education on how to recognize and report such threats; and (D) other risks and best practices related to information and data sharing, as identified by the Working Group, including any gaps in current practice that could be addressed by congressional action. (2) Report \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Working Group shall submit a report that contains a detailed statement of the findings and conclusions of the Working Group, together with recommendations to update the National Institute of Health’s Genomic Data Sharing Policy and subsequent nonbinding guidance regarding risks and safeguards for data sharing with foreign entities for research institutions in the field, to— (i) the Secretary of Health and Human Services; (ii) the President; (iii) the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (iv) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Guidance \nThe guidance provided under subparagraph (A) shall include non-binding guidance for entities that utilize genomic technologies, such as whole genomic sequencing, for use in research or other types of sensitive health information, as defined by the Secretary. (3) Requirements \nIn carrying out the duties of this subsection, the Working Group shall consider all existing Federal guidance and grant requirements (as of the date of consideration), particularly with regard to foreign influences and research integrity, and ensure that all recommended updates to the Genomic Data Sharing Policy and subsequent best practices put forward by the working group not duplicate or conflict with existing guidance, as of the date of publication. (d) Powers of Working Group \n(1) Hearings \nThe Working Group may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Working Group considers advisable to carry out this Act. (2) Information from Federal agencies \n(A) In general \nThe Working Group may secure directly from a Federal department or agency such information as the Working Group considers necessary to carry out this Act. (B) Furnishing information \nOn request of a majority of the members of the Working Group, the head of the department or agency shall furnish the information to the Working Group. (3) Postal services \nThe Working Group may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Termination of Working Group \nThe Working Group shall terminate 90 days after the date on which the Working Group submits the report required under subsection (c)(2).", "id": "idF55DB07237124B5F88BF0C9CD54C8FEA", "header": "National security considerations in research" } ]
7
1. Short title This Act may be cited as the Genomics Data Security Act. 2. Modernizing the National Institutes of Health’s approach to national security Section 402(m)(2) of the Public Health Service Act ( 42 U.S.C. 282(m)(2) ) is amended— (1) in subparagraph (E), by striking ; and and inserting a semicolon; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) address national security issues, including ways in which the National Institutes of Health can engage with other Federal agencies to modernize the national security strategy of the National Institutes of Health; and. 3. Utilization of genomic sequencing services by the National Institutes of Health Notwithstanding any other provision of law, no amounts made available to the National Institutes of Health may be used with respect to activities carried out by any company or its subcontractors or subsidiaries— (1) over which control is exercised or exercisable by the Government of the People's Republic of China, a national of the People’s Republic of China, or an entity organized under the laws of the People’s Republic of China; or (2) in which the Government of the People's Republic of China has a substantial interest. 4. National security considerations through licensure Section 353 of the Public Health Service Act ( 42 U.S.C. 263a ) is amended— (1) by redesignating subsection (q) as subsection (r); and (2) by inserting after subsection (p) the following: (q) Ties to the People's Republic of China (1) In general Each certificate issued by the Secretary under this section shall state whether— (A) the laboratory; (B) the company that owns or manages the laboratory; or (C) any subcontractors or subsidiaries of such a laboratory or company, is an entity described in paragraph (2). (2) Entity described An entity described in this paragraph is an entity— (A) (i) that is engaged in the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, people of the United States; or (ii) that handles or has access to any data related to people of the United States that is derived from any activity described in clause (i); and (B) (i) over which control is exercised or exercisable by the Government of the People's Republic of China, a national of the People’s Republic of China, or an entity organized under the laws of the People’s Republic of China; or (ii) in which the Government of the People's Republic of China has a substantial interest.. 5. NIH Grantee ties to foreign governments Title IV of the Public Health Service Act is amended by inserting after section 403C ( 42 U.S.C. 283a–2 ) the following: 403C–1. Annual reporting regarding grantee ties to foreign governments (a) In general On an annual basis, the Director of NIH shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate, and to the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on any ties to foreign governments that researchers funded by grants from the National Institutes of Health have and that are not properly disclosed, vetted, and approved by the National Institutes of Health, including the status of any ongoing National Institutes of Health compliance reviews related to such ties and all administrative actions taken to address such concerns. (b) Requirement The Committees receiving the reports under subsection (a) shall keep confidential, and shall not release, any provision of such a report that is related to an ongoing National Institutes of Health compliance review.. 403C–1. Annual reporting regarding grantee ties to foreign governments (a) In general On an annual basis, the Director of NIH shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate, and to the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on any ties to foreign governments that researchers funded by grants from the National Institutes of Health have and that are not properly disclosed, vetted, and approved by the National Institutes of Health, including the status of any ongoing National Institutes of Health compliance reviews related to such ties and all administrative actions taken to address such concerns. (b) Requirement The Committees receiving the reports under subsection (a) shall keep confidential, and shall not release, any provision of such a report that is related to an ongoing National Institutes of Health compliance review. 6. National security considerations in research (a) Establishment of working group Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a working group (in this Act referred to as the Working Group ) in the Department of Health and Human Services to make recommended updates to the National Institute of Health’s Genomic Data Sharing Policy and to that end, develop and disseminate best practices on data sharing for use by entities engaged in biomedical research and international collaboration to enable both academic, public, and private institutions to— (1) protect intellectual property; (2) weigh the national security risks of potential partnerships where sensitive health information (for purposes of this Act, as defined by the Health IT Policy Committee), of the people of the United States is exchanged; and (3) protect the sensitive health information of the people of the United States. (b) Membership (1) Composition The Secretary shall, after consultation with the Director of the National Science Foundation and the Attorney General, appoint to the Working Group— (A) individuals with knowledge and expertise in data privacy or security, data-sharing, national security, or the uses of genomic technology and information in clinical or non-clinical research; (B) representatives of national associations representing biomedical research institutions and academic societies; (C) representatives of at least 2 major genomics research organizations from the private sector; and (D) representatives of any other entities the Secretary determines appropriate and necessary to develop the best practices described in subsection (a). (2) Representation In addition to the members described in paragraph (1), the Working Group shall include not less than one representative of each of the following: (A) The National Institutes of Health. (B) The Bureau of Industry and Security of the Department of Commerce. (C) The National Academies of Science, Engineering, and Mathematics. (D) The Department of State. (E) The Department of Justice. (F) The Federal Health IT Coordinating Council. (G) The Office of the National Coordinator for Health Information Technology. (H) The Defense Advanced Research Projects Agency. (I) The Department of Energy. (3) Date The appointments of the members of the Working Group shall be made not later than 90 days after the date of enactment of this Act. (c) Duties of Working Group (1) Study The Working Group shall study— (A) the transfer of data between private, public, and academic institutions that partake in science and technology research and their research partners, with a focus on entities of the People’s Republic of China and other foreign entities of concern, including a review of what circumstances would constitute a transfer of data; (B) best practices regarding data protection to help private, public, and academic institutions that partake in biomedical research decide how to weigh and factor national security into their partnership decisions and, through research collaborations, what steps the institutions can take to safeguard data, particularly genomic data; (C) recommendations regarding areas where Federal agencies can coordinate to increase education to such private and academic research institutions that partake in science and technology research to ensure the institutions can better protect themselves from economic threats with a strengthened understanding of intellectual property rights, research ethics, and the risk of intellectual property theft, as well as education on how to recognize and report such threats; and (D) other risks and best practices related to information and data sharing, as identified by the Working Group, including any gaps in current practice that could be addressed by congressional action. (2) Report (A) In general Not later than 1 year after the date of enactment of this Act, the Working Group shall submit a report that contains a detailed statement of the findings and conclusions of the Working Group, together with recommendations to update the National Institute of Health’s Genomic Data Sharing Policy and subsequent nonbinding guidance regarding risks and safeguards for data sharing with foreign entities for research institutions in the field, to— (i) the Secretary of Health and Human Services; (ii) the President; (iii) the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (iv) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Guidance The guidance provided under subparagraph (A) shall include non-binding guidance for entities that utilize genomic technologies, such as whole genomic sequencing, for use in research or other types of sensitive health information, as defined by the Secretary. (3) Requirements In carrying out the duties of this subsection, the Working Group shall consider all existing Federal guidance and grant requirements (as of the date of consideration), particularly with regard to foreign influences and research integrity, and ensure that all recommended updates to the Genomic Data Sharing Policy and subsequent best practices put forward by the working group not duplicate or conflict with existing guidance, as of the date of publication. (d) Powers of Working Group (1) Hearings The Working Group may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Working Group considers advisable to carry out this Act. (2) Information from Federal agencies (A) In general The Working Group may secure directly from a Federal department or agency such information as the Working Group considers necessary to carry out this Act. (B) Furnishing information On request of a majority of the members of the Working Group, the head of the department or agency shall furnish the information to the Working Group. (3) Postal services The Working Group may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Termination of Working Group The Working Group shall terminate 90 days after the date on which the Working Group submits the report required under subsection (c)(2).
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117
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2,290
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To provide for requirements for data brokers with respect to the acquisition, use, and protection of brokered personal information and to require that data brokers annually register with the Federal Trade Commission.
[ { "text": "1. Short title \nThis Act may be cited as the Data Broker List Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Requirements for data brokers \n(a) Requirements with respect to the acquisition and use of brokered personal information \nA data broker shall not— (1) acquire brokered personal information through fraudulent means; (2) acquire or use brokered personal information for the purpose of— (A) stalking or harassing another person; (B) committing fraud, including identity theft, financial fraud, or e-mail fraud; or (C) engaging in unlawful discrimination, including unlawful discrimination in decisions regarding employment, housing, and credit eligibility; or (3) sell or transfer brokered personal information to a third party if the data broker knows or reasonably should know that the third party intends to engage in any conduct prohibited by this Act. (b) Duty To protect brokered personal information \n(1) In general \nA data broker shall develop, implement, and maintain a comprehensive information security program in order to protect from security breaches or other inadvertent or improper disclosure the brokered personal information acquired by the data broker. (2) Notification of change of ownership \nIf a data broker is purchased or otherwise acquired by another entity, such other entity shall provide notification of such purchase or acquisition to any consumer with respect to which— (A) the data broker collected, processed, analyzed, stored or used brokered personal information; and (B) such other entity plans to continue to collect, process, analyze, store or use such information. (3) Program requirements \nThe comprehensive information security program required under paragraph (1) shall— (A) be written in one or more readily accessible parts; and (B) contain administrative, technical, and physical safeguards that are appropriate to— (i) the size, scope, and type of business of the data broker; (ii) the amount of resources available to the data broker; (iii) the amount of stored data of the data broker; (iv) the nature and sensitivity of the brokered personal information stored by the data broker; and (v) the need for security and confidentiality of brokered personal information. (c) Annual registration \n(1) In general \nAnnually, on or before January 31, a data broker shall— (A) register with the Commission; and (B) provide the following information with such registration: (i) The name and primary physical, e-mail, and internet addresses of the data broker. (ii) If the data broker permits a consumer to opt out of the data broker’s collection of brokered personal information, opt out of its databases, or opt out of certain sales of data— (I) the method for requesting an opt-out; (II) if the opt-out applies to only certain activities or sales, which ones; and (III) whether the data broker permits a consumer to authorize a third party to perform the opt-out on the consumer’s behalf. (iii) A statement specifying the data collection, databases, or sales activities from which a consumer may not opt out, and why an opportunity to opt out is not available. (iv) A statement specifying the types of information being collected, as determined by the Commission, to the extent practicable. (v) A statement as to whether the data broker implements a purchaser credentialing process and, if so, a description of that process. (vi) The number of security breaches that the data broker experienced during the previous year, and if known, the total number of consumers whose personal information was accessed, downloaded, viewed, or otherwise affected in a breach. (vii) Where the data broker has actual knowledge that it possesses the brokered personal information of minors, a separate statement detailing the data collection practices, databases, sales activities, and opt-out policies that are applicable to the brokered personal information of minors. (viii) Any additional information or explanation concerning its data collection practices. (2) Exception \nThe requirements under paragraph (1) shall not apply to a data broker that is already required to comply with such requirements with respect to another Federal agency. (3) Public availability \nThe Commission shall make the information described in paragraph (1) available on the internet website of the Commission, except as necessary to protect the integrity of ongoing investigations or to protect the privacy of consumers, or if it is in the interest of public safety or welfare.", "id": "id40909246AC0345858F84FC243FCD6392", "header": "Requirements for data brokers" }, { "text": "3. Enforcement by the Federal Trade Commission \n(a) Unfair or deceptive acts or practices \nA violation of section 2 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall begin enforcement of such violations by not later than 1 year after the date of the enactment of this Act. (b) Powers of Commission \n(1) In general \nThe Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities \nAny data broker who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Civil penalty \nA data broker that fails to register as required under section 2(c) shall be liable for a civil penalty in an amount determined by the Commission through the rulemaking authority under subsection (c). (4) Authority preserved \nNothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (c) Rulemaking authority for the Commission \nThe Commission shall have authority under section 553 of title 5, United States Code, to promulgate regulations the Commission determines to be necessary to carry out the provisions of this Act.", "id": "idb31b34d4-b455-4123-a1cf-9b3eda436c8c", "header": "Enforcement by the Federal Trade Commission" }, { "text": "4. FTC annual review and report \n(a) Annual review \nThe Commission shall conduct an annual review of the implementation of the provisions of this Act. Such study shall include an analysis of— (1) compliance by data brokers with the requirements under section 2; (2) enforcement actions taken by the Commission with respect to violations of such requirements; and (3) other areas determined appropriate by the Commission. (b) Annual report \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter the Commission shall submit to Congress a report on the review conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate.", "id": "H82D20B5D162B494F97F7B61E1B29BEE6", "header": "FTC annual review and report" }, { "text": "5. Definitions \nIn this section: (1) Brokered personal information \nThe term brokered personal information means any personal information that is categorized or organized for sale, license, or trade, or is otherwise disclosed for compensation, to a third party. (2) Business \n(A) In general \nThe term business means a commercial entity, including a sole proprietorship, partnership, corporation, association, limited liability company, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the laws of a State, the United States, or any other country, or the parent, affiliate, or subsidiary of a financial institution. (B) Exclusion \nThe term business does not include a State, a State agency, any political subdivision of a State, or a vendor acting solely on behalf of, and at the direction of, a State. (3) Commission \nThe term Commission means the Federal Trade Commission. (4) Consumer \nThe term consumer means an individual residing in the United States acting in a personal, family, or household capacity. (5) Data broker \n(A) In general \nThe term data broker means a business that knowingly collects or obtains the personal information of a consumer with whom the business does not have a direct relationship and then sells, licenses, trades, provides for consideration, or is otherwise compensated for disclosing that information to a third party. (B) Direct relationship \nFor purposes of subparagraph (A), a direct relationship with a business exists if the consumer— (i) is a current customer; (ii) obtained a good or service from the business within the prior 18 months; or (iii) made an inquiry about the products or services of the business within the prior 90 days. (C) Exclusion \nThe following activities conducted by a business, and the collection and sale or licensing of brokered personal information incidental to conducting these activities, do not qualify the business as a data broker: (i) Providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier. (ii) Providing a consumer's publicly available information if the information is being used by the recipient as it relates to that consumer's business or profession. (iii) Providing publicly available information via real-time or near-real-time alert services for health or safety purposes. (iv) Providing or using information in a manner that is regulated under another Federal or State law, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, or the Health Insurance Portability and Accountability Act. (v) Providing data to a third party at the direction of the consumer and with the consumer’s affirmative express consent. (vi) Providing or using information for assessing, verifying, or authenticating a person’s identity, or for investigating or preventing actual or potential fraud. (D) Exclusion from sale \nFor purposes of this paragraph, the term sells does not include a one-time or occasional sale of assets of a business as part of a transfer of control of those assets that is not part of the ordinary conduct of the business. (6) Data broker security breach \n(A) In general \nThe term data broker security breach means an unauthorized acquisition or a reasonable belief of an unauthorized acquisition of more than one element of brokered personal information maintained by a data broker when the brokered personal information is not encrypted, redacted, or protected by another method that renders the information unreadable or unusable by an unauthorized person or entity. (B) Exclusion \nThe term data broker security breach does not include good faith but unauthorized acquisition of brokered personal information by an employee or agent of the data broker for a legitimate purpose of the data broker, provided that the brokered personal information is not used for a purpose unrelated to the data broker’s business or subject to further unauthorized disclosure. (C) Application \nIn determining whether brokered personal information has been acquired or is reasonably believed to have been acquired without valid authorization, a data broker may consider the following factors, among others: (i) Indications that the brokered personal information is in the physical possession and control of a person or entity without valid authorization, such as a lost or stolen computer or other device containing brokered personal information. (ii) Indications that the brokered personal information has been downloaded or copied. (iii) Indications that the brokered personal information was used by an unauthorized person or entity, such as fraudulent accounts opened or instances of identity theft reported. (iv) That the brokered personal information has been made public. (7) Personal information \nThe term personal information means information which is related to any identified or identifiable person. (8) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands.", "id": "id375CDA9CF0ED415E83CDC12968506949", "header": "Definitions" } ]
5
1. Short title This Act may be cited as the Data Broker List Act of 2021. 2. Requirements for data brokers (a) Requirements with respect to the acquisition and use of brokered personal information A data broker shall not— (1) acquire brokered personal information through fraudulent means; (2) acquire or use brokered personal information for the purpose of— (A) stalking or harassing another person; (B) committing fraud, including identity theft, financial fraud, or e-mail fraud; or (C) engaging in unlawful discrimination, including unlawful discrimination in decisions regarding employment, housing, and credit eligibility; or (3) sell or transfer brokered personal information to a third party if the data broker knows or reasonably should know that the third party intends to engage in any conduct prohibited by this Act. (b) Duty To protect brokered personal information (1) In general A data broker shall develop, implement, and maintain a comprehensive information security program in order to protect from security breaches or other inadvertent or improper disclosure the brokered personal information acquired by the data broker. (2) Notification of change of ownership If a data broker is purchased or otherwise acquired by another entity, such other entity shall provide notification of such purchase or acquisition to any consumer with respect to which— (A) the data broker collected, processed, analyzed, stored or used brokered personal information; and (B) such other entity plans to continue to collect, process, analyze, store or use such information. (3) Program requirements The comprehensive information security program required under paragraph (1) shall— (A) be written in one or more readily accessible parts; and (B) contain administrative, technical, and physical safeguards that are appropriate to— (i) the size, scope, and type of business of the data broker; (ii) the amount of resources available to the data broker; (iii) the amount of stored data of the data broker; (iv) the nature and sensitivity of the brokered personal information stored by the data broker; and (v) the need for security and confidentiality of brokered personal information. (c) Annual registration (1) In general Annually, on or before January 31, a data broker shall— (A) register with the Commission; and (B) provide the following information with such registration: (i) The name and primary physical, e-mail, and internet addresses of the data broker. (ii) If the data broker permits a consumer to opt out of the data broker’s collection of brokered personal information, opt out of its databases, or opt out of certain sales of data— (I) the method for requesting an opt-out; (II) if the opt-out applies to only certain activities or sales, which ones; and (III) whether the data broker permits a consumer to authorize a third party to perform the opt-out on the consumer’s behalf. (iii) A statement specifying the data collection, databases, or sales activities from which a consumer may not opt out, and why an opportunity to opt out is not available. (iv) A statement specifying the types of information being collected, as determined by the Commission, to the extent practicable. (v) A statement as to whether the data broker implements a purchaser credentialing process and, if so, a description of that process. (vi) The number of security breaches that the data broker experienced during the previous year, and if known, the total number of consumers whose personal information was accessed, downloaded, viewed, or otherwise affected in a breach. (vii) Where the data broker has actual knowledge that it possesses the brokered personal information of minors, a separate statement detailing the data collection practices, databases, sales activities, and opt-out policies that are applicable to the brokered personal information of minors. (viii) Any additional information or explanation concerning its data collection practices. (2) Exception The requirements under paragraph (1) shall not apply to a data broker that is already required to comply with such requirements with respect to another Federal agency. (3) Public availability The Commission shall make the information described in paragraph (1) available on the internet website of the Commission, except as necessary to protect the integrity of ongoing investigations or to protect the privacy of consumers, or if it is in the interest of public safety or welfare. 3. Enforcement by the Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of section 2 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall begin enforcement of such violations by not later than 1 year after the date of the enactment of this Act. (b) Powers of Commission (1) In general The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities Any data broker who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Civil penalty A data broker that fails to register as required under section 2(c) shall be liable for a civil penalty in an amount determined by the Commission through the rulemaking authority under subsection (c). (4) Authority preserved Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (c) Rulemaking authority for the Commission The Commission shall have authority under section 553 of title 5, United States Code, to promulgate regulations the Commission determines to be necessary to carry out the provisions of this Act. 4. FTC annual review and report (a) Annual review The Commission shall conduct an annual review of the implementation of the provisions of this Act. Such study shall include an analysis of— (1) compliance by data brokers with the requirements under section 2; (2) enforcement actions taken by the Commission with respect to violations of such requirements; and (3) other areas determined appropriate by the Commission. (b) Annual report Not later than 1 year after the date of the enactment of this Act, and annually thereafter the Commission shall submit to Congress a report on the review conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate. 5. Definitions In this section: (1) Brokered personal information The term brokered personal information means any personal information that is categorized or organized for sale, license, or trade, or is otherwise disclosed for compensation, to a third party. (2) Business (A) In general The term business means a commercial entity, including a sole proprietorship, partnership, corporation, association, limited liability company, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the laws of a State, the United States, or any other country, or the parent, affiliate, or subsidiary of a financial institution. (B) Exclusion The term business does not include a State, a State agency, any political subdivision of a State, or a vendor acting solely on behalf of, and at the direction of, a State. (3) Commission The term Commission means the Federal Trade Commission. (4) Consumer The term consumer means an individual residing in the United States acting in a personal, family, or household capacity. (5) Data broker (A) In general The term data broker means a business that knowingly collects or obtains the personal information of a consumer with whom the business does not have a direct relationship and then sells, licenses, trades, provides for consideration, or is otherwise compensated for disclosing that information to a third party. (B) Direct relationship For purposes of subparagraph (A), a direct relationship with a business exists if the consumer— (i) is a current customer; (ii) obtained a good or service from the business within the prior 18 months; or (iii) made an inquiry about the products or services of the business within the prior 90 days. (C) Exclusion The following activities conducted by a business, and the collection and sale or licensing of brokered personal information incidental to conducting these activities, do not qualify the business as a data broker: (i) Providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier. (ii) Providing a consumer's publicly available information if the information is being used by the recipient as it relates to that consumer's business or profession. (iii) Providing publicly available information via real-time or near-real-time alert services for health or safety purposes. (iv) Providing or using information in a manner that is regulated under another Federal or State law, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, or the Health Insurance Portability and Accountability Act. (v) Providing data to a third party at the direction of the consumer and with the consumer’s affirmative express consent. (vi) Providing or using information for assessing, verifying, or authenticating a person’s identity, or for investigating or preventing actual or potential fraud. (D) Exclusion from sale For purposes of this paragraph, the term sells does not include a one-time or occasional sale of assets of a business as part of a transfer of control of those assets that is not part of the ordinary conduct of the business. (6) Data broker security breach (A) In general The term data broker security breach means an unauthorized acquisition or a reasonable belief of an unauthorized acquisition of more than one element of brokered personal information maintained by a data broker when the brokered personal information is not encrypted, redacted, or protected by another method that renders the information unreadable or unusable by an unauthorized person or entity. (B) Exclusion The term data broker security breach does not include good faith but unauthorized acquisition of brokered personal information by an employee or agent of the data broker for a legitimate purpose of the data broker, provided that the brokered personal information is not used for a purpose unrelated to the data broker’s business or subject to further unauthorized disclosure. (C) Application In determining whether brokered personal information has been acquired or is reasonably believed to have been acquired without valid authorization, a data broker may consider the following factors, among others: (i) Indications that the brokered personal information is in the physical possession and control of a person or entity without valid authorization, such as a lost or stolen computer or other device containing brokered personal information. (ii) Indications that the brokered personal information has been downloaded or copied. (iii) Indications that the brokered personal information was used by an unauthorized person or entity, such as fraudulent accounts opened or instances of identity theft reported. (iv) That the brokered personal information has been made public. (7) Personal information The term personal information means information which is related to any identified or identifiable person. (8) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands.
12,085
117s3349is
117
s
3,349
is
To require the Administrator of the Small Business Administration to provide applicants for certain loans and grants with updates with respect to those applications, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Streamlining EIDL Act.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act— (1) the term Administration means the Small Business Administration; (2) the term Administrator means the Administrator of the Administration; (3) the terms compliance and improper payment have the meanings given the terms in section 3351 of title 31, United States Code; (4) the term covered application — (A) means an application that is— (i) for any assistance provided under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ), including any loan or grant made under section 1110 of the CARES Act ( 15 U.S.C. 9009 ); and (ii) submitted to the Administrator on or after the date of enactment of this Act; and (B) includes an application that is— (i) for an increase with respect to assistance that is— (I) described in subparagraph (A)(i); and (II) provided to the applicant before the date of enactment of this Act; and (ii) submitted to the Administrator on or after the date of enactment of this Act; and (5) the term covered assistance means a loan or grant made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ), including under section 1110 of the CARES Act ( 15 U.S.C. 9009 ), related to COVID–19.", "id": "id4659DB88E5D04017A7362381C782409E", "header": "Definitions" }, { "text": "3. EIDL loans \n(a) Requirements \nThe Administrator shall— (1) not later than 7 days after the date on which the Administrator receives a covered application, provide the applicant with— (A) notice that the Administrator has received the application; and (B) information regarding an office or official of the Administration that the applicant may contact in the event that the applicant has questions regarding the application; (2) not later than 21 days after the date on which the Administrator receives a covered application, provide the applicant with— (A) a written report detailing the status of the application and any requirements for completion of the application, including any external or internal delays; and (B) an explanation regarding the appeals process with respect to a covered application that the Administrator disapproves; and (3) not later than 45 days after the date on which the Administrator receives a completed covered application that is in accordance with all applicable requirements, including such requirements as the Administrator may prescribe by regulation— (A) review the application in its entirety; and (B) (i) approve the application and make the loan (or the increase in the loan amount) that is the subject of the covered application if all applicable requirements with respect to the applicable loan are satisfied; or (ii) disapprove the application and notify the applicant in writing of the disapproval. (b) Review and reporting \nNot later than 90 days after the date of enactment of this Act, the Administrator shall— (1) conduct a comprehensive review of the process for submitting a covered application, which shall focus on ways to ensure that applicants submitting covered applications— (A) are not asked to submit materials with respect to such an application more than once; (B) receive timely responses and updates from the Administrator with respect to those covered applications, including the information required under paragraphs (1) and (2) of subsection (a); and (C) receive the loans (or loan increases) sought in those covered applications in a manner that complies with subsection (a)(3); and (2) submit to Congress a report regarding the review conducted under paragraph (1).", "id": "idE70C447F97294234BE44BFAFC533C72A", "header": "EIDL loans" }, { "text": "4. Reports \n(a) Report on implementation of Inspector General recommendations \nNot later than 90 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the specific steps that the Administration has taken to meet the recommendations provided by the Inspector General of the Administration in the report issued on May 6, 2021, entitled SBA’s Handling of Identity Theft in the COVID–19 Economic Injury Disaster Loan Program , which shall include a description of— (1) the system that the Administration has developed to maintain and track all identity theft complaints related to covered assistance; (2) how the Administration is providing guidance, assistance, and status updates to complainants that allege their identity has been stolen; (3) how the Administration is restoring identity theft victims to their condition prior to fraud, including details on how the Administration will file collateral releases and specify if the Administration or the complainant is paying for costs to file Uniform Commercial Code lien release documents; (4) the process of the Administration for removing fraudulent covered assistance, and related Uniform Commercial Code filing fees, from the financial records of the Administration, including how— (A) the system described in paragraph (1)— (i) will charge off and remove partially or fully disbursed covered assistance from the financial records; and (ii) addresses charge off or removal of related Uniform Commercial Code filing fees; and (B) the Administration is differentiating between— (i) routine defaults in covered assistance that— (I) have been or will be charged off; and (II) are required to be submitted to the Department of the Treasury for collection; and (ii) identity theft-related covered assistance that the Administration is required to charge off without being sent to the Department of the Treasury for collection; (5) the process of the Administration for tracking the recovery of funds from fraudsters to offset the outstanding identity theft-related covered assistance before any charge off action; and (6) actions the Administration has taken to recover improper payments related to identity theft-related covered assistance and how the Administration is taking steps to be in compliance. (b) Regular reports \nThe Administrator shall submit to Congress— (1) a monthly report that, in order to identify individual allegations of identity theft that have not been refiled, reconciles— (A) applications submitted during the period beginning on March 1, 2020, and ending on January 31, 2021, for covered assistance based on identity theft allegations; and (B) applications based on refiled allegations of identity theft relating to the covered assistance described in subparagraph (A); and (2) not later than 180 days after the date on which the first report under paragraph (1) is submitted, a detailed plan on how the Administration will attempt, or has attempted, to contact the remaining individuals whose identity theft allegations have not been refiled.", "id": "id38EF095126AC41EEA620A7639302D3A1", "header": "Reports" } ]
4
1. Short title This Act may be cited as the Streamlining EIDL Act. 2. Definitions In this Act— (1) the term Administration means the Small Business Administration; (2) the term Administrator means the Administrator of the Administration; (3) the terms compliance and improper payment have the meanings given the terms in section 3351 of title 31, United States Code; (4) the term covered application — (A) means an application that is— (i) for any assistance provided under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ), including any loan or grant made under section 1110 of the CARES Act ( 15 U.S.C. 9009 ); and (ii) submitted to the Administrator on or after the date of enactment of this Act; and (B) includes an application that is— (i) for an increase with respect to assistance that is— (I) described in subparagraph (A)(i); and (II) provided to the applicant before the date of enactment of this Act; and (ii) submitted to the Administrator on or after the date of enactment of this Act; and (5) the term covered assistance means a loan or grant made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ), including under section 1110 of the CARES Act ( 15 U.S.C. 9009 ), related to COVID–19. 3. EIDL loans (a) Requirements The Administrator shall— (1) not later than 7 days after the date on which the Administrator receives a covered application, provide the applicant with— (A) notice that the Administrator has received the application; and (B) information regarding an office or official of the Administration that the applicant may contact in the event that the applicant has questions regarding the application; (2) not later than 21 days after the date on which the Administrator receives a covered application, provide the applicant with— (A) a written report detailing the status of the application and any requirements for completion of the application, including any external or internal delays; and (B) an explanation regarding the appeals process with respect to a covered application that the Administrator disapproves; and (3) not later than 45 days after the date on which the Administrator receives a completed covered application that is in accordance with all applicable requirements, including such requirements as the Administrator may prescribe by regulation— (A) review the application in its entirety; and (B) (i) approve the application and make the loan (or the increase in the loan amount) that is the subject of the covered application if all applicable requirements with respect to the applicable loan are satisfied; or (ii) disapprove the application and notify the applicant in writing of the disapproval. (b) Review and reporting Not later than 90 days after the date of enactment of this Act, the Administrator shall— (1) conduct a comprehensive review of the process for submitting a covered application, which shall focus on ways to ensure that applicants submitting covered applications— (A) are not asked to submit materials with respect to such an application more than once; (B) receive timely responses and updates from the Administrator with respect to those covered applications, including the information required under paragraphs (1) and (2) of subsection (a); and (C) receive the loans (or loan increases) sought in those covered applications in a manner that complies with subsection (a)(3); and (2) submit to Congress a report regarding the review conducted under paragraph (1). 4. Reports (a) Report on implementation of Inspector General recommendations Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the specific steps that the Administration has taken to meet the recommendations provided by the Inspector General of the Administration in the report issued on May 6, 2021, entitled SBA’s Handling of Identity Theft in the COVID–19 Economic Injury Disaster Loan Program , which shall include a description of— (1) the system that the Administration has developed to maintain and track all identity theft complaints related to covered assistance; (2) how the Administration is providing guidance, assistance, and status updates to complainants that allege their identity has been stolen; (3) how the Administration is restoring identity theft victims to their condition prior to fraud, including details on how the Administration will file collateral releases and specify if the Administration or the complainant is paying for costs to file Uniform Commercial Code lien release documents; (4) the process of the Administration for removing fraudulent covered assistance, and related Uniform Commercial Code filing fees, from the financial records of the Administration, including how— (A) the system described in paragraph (1)— (i) will charge off and remove partially or fully disbursed covered assistance from the financial records; and (ii) addresses charge off or removal of related Uniform Commercial Code filing fees; and (B) the Administration is differentiating between— (i) routine defaults in covered assistance that— (I) have been or will be charged off; and (II) are required to be submitted to the Department of the Treasury for collection; and (ii) identity theft-related covered assistance that the Administration is required to charge off without being sent to the Department of the Treasury for collection; (5) the process of the Administration for tracking the recovery of funds from fraudsters to offset the outstanding identity theft-related covered assistance before any charge off action; and (6) actions the Administration has taken to recover improper payments related to identity theft-related covered assistance and how the Administration is taking steps to be in compliance. (b) Regular reports The Administrator shall submit to Congress— (1) a monthly report that, in order to identify individual allegations of identity theft that have not been refiled, reconciles— (A) applications submitted during the period beginning on March 1, 2020, and ending on January 31, 2021, for covered assistance based on identity theft allegations; and (B) applications based on refiled allegations of identity theft relating to the covered assistance described in subparagraph (A); and (2) not later than 180 days after the date on which the first report under paragraph (1) is submitted, a detailed plan on how the Administration will attempt, or has attempted, to contact the remaining individuals whose identity theft allegations have not been refiled.
6,543
117s4183is
117
s
4,183
is
To establish the National Energy Transition Endowment and Community Revitalization Corporation, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the National Energy Community Transition Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Average ending balance \nThe term average ending balance , with respect to an account in the Endowment, means— (A) for the first fiscal year during which the Endowment is in operation, the actual ending balance of the account; (B) for the second fiscal year during which the Endowment is in operation, the average of the fiscal year ending balances of the account for that fiscal year and the preceding fiscal year; (C) for the third fiscal year during which the Endowment is in operation, the average of the fiscal year ending balances of the account for the 2-preceding-fiscal-year period; and (D) for the fourth fiscal year during which the Endowment is in operation, and for each fiscal year thereafter, the average of the fiscal year ending balances of the account for the 3-preceding-fiscal-year period. (2) Board \nThe term Board means the Board of Directors of the Corporation. (3) Community development financial institution \nThe term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (4) Corporation \nThe term Corporation means the Community Revitalization Corporation established by section 3(a). (5) Eligible community \nThe term eligible community means— (A) a community experiencing or likely to experience an economic or workforce transition relating to changes in applicable— (i) fossil fuel electricity generation; or (ii) fossil fuel extraction, development, or demand; and (B) a community experiencing or likely to experience a decline in fossil fuel-related revenue. (6) Endowment \nThe term Endowment means the National Energy Transition Endowment Fund established by section 4(a)(1). (7) Energy community hub \nThe term energy community hub means a place-based organization (including a nonprofit entity, community development financial institution, regional economic development authority, or other community-based organization, as determined to be appropriate by the Corporation) that— (A) facilitates economic and community development in an eligible community; and (B) provides necessary capacity and experience to implement a transition program for 1 or more eligible communities. (8) Transition program \nThe term transition program means a program described in section 5(a)(2) or paragraph (3) or (4) of section 5(b).", "id": "idE3DDA018F32E4AF4BD7ADD7A6F043235", "header": "Definitions" }, { "text": "3. Establishment of the community revitalization corporation \n(a) In general \nThere is established a federally chartered, nonprofit corporation, to be known as the Community Revitalization Corporation. (b) Status and applicable laws \n(1) Non-Federal entity \nThe Corporation is not a department, agency, or instrumentality of the United States Government. (2) Liability \nThe United States Government shall not be liable for the actions or inactions of the Corporation. (3) Nonprofit corporation \nThe Corporation shall have and maintain the status of the Corporation as a nonprofit corporation exempt from taxation under the Internal Revenue Code of 1986. (c) Board of directors \n(1) Authority \nThe powers of the Corporation shall be vested in a Board of Directors that governs the Corporation. (2) Membership \n(A) In general \nThe Board shall be composed of not fewer than 7 but not more than 11 members, who shall be appointed by the President, not later than 90 days after the date of enactment of this Act, by and with the advice and consent of the Senate. (B) Qualifications of members \n(i) In general \nSubject to clauses (ii) and (iii), in making appointments under subparagraph (A), the President shall ensure that the membership of the Board— (I) includes— (aa) members from eligible communities; (bb) members with relevant economic development experiences with— (AA) eligible communities; (BB) underserved rural communities in economic distress; and (CC) underrepresented minority communities, such as indigenous communities, Tribal communities, or communities of color; and (cc) members representing a recognized State labor organization or central labor council or other labor representatives, as appropriate; and (II) has not more than a 1-member majority from any political party. (ii) Prohibition \nA member of the Board shall not hold an office, position, or employment in any political party. (iii) Initial members \nThe President shall ensure that the initial membership of the Board includes a representative of each of the Northern Rocky Mountain region, the Four Corners region, the Mid-Continental Gulf Coast region, the Illinois Basin region, the Appalachian region, and the Alaska region, as described in the report prepared by the Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization entitled Initial Report to the President on Empowering Workers Through Revitalizing Energy Communities and dated April 2021. (C) Terms \n(i) In general \nA member of the Board shall be appointed for a term of 4 years, except that the President shall designate staggered terms for the members first appointed to the Board. (ii) Reappointment \nA member of the Board may be reappointed to serve an additional term, subject to the condition that the member may serve for not more than 2 consecutive terms. (D) Vacancies \n(i) In general \nA vacancy on the Board shall be— (I) filled in the manner in which the original appointment was made; and (II) subject to any conditions that applied with respect to the original appointment. (ii) Filling unexpired term \nAn individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (E) Expiration of terms \nAny member of the Board may continue to serve after the expiration of the term for which the member was appointed until a qualified successor has been appointed. (3) Chairperson \n(A) In general \nThe Chairperson of the Board shall be selected from among the members of the Board by a majority vote of the members. (B) Term of service \nThe Chairperson of the Board— (i) shall serve for a term of not longer than 4 years; and (ii) may be reelected to serve an additional term, subject to the condition that the Chairperson may serve for not more than 2 consecutive terms. (4) Consultation \nTo the maximum extent practicable, in carrying out the duties of the Corporation under subsection (d)(3), the Board shall engage regional economic development entities and energy community hubs to solicit and consider input and feedback relating to decisions impacting the 1 or more regions the entity represents. (d) Bylaws and duties \n(1) In general \nThe Board shall adopt, and may amend, the bylaws of the Corporation. (2) Bylaws \nThe bylaws of the Corporation shall include, at a minimum— (A) the duties and responsibilities of the Board; and (B) the operational procedures of the Corporation. (3) Duties and responsibilities of board \nThe Board shall be responsible for actions of the Corporation, including— (A) hiring staff to carry out the functions of the Corporation; (B) entering into contracts with fund management and investment professionals to manage the Endowment; (C) making formula payments under section 5(a)(2); (D) making grants in accordance with section 5(b)(3); (E) monitoring Federal and State policies relevant to rural and transitioning communities; (F) coordinating (including through entering into contracts), as appropriate, with relevant agencies, institutions, energy community hubs, and other entities that provide economic, training, and capacity assistance to eligible communities consistent with the duties under subparagraphs (C), (D), (H), and (I); (G) creating and maintaining accessible electronic materials targeted towards eligible communities, including up-to-date, user-friendly information on— (i) the programs and activities carried out by the Corporation; and (ii) other relevant Federal programs that provide economic assistance to eligible communities or other similar transitioning communities; (H) making public investments in accordance with section 5(b)(4); and (I) monitoring, assessing, and reporting on outcomes of— (i) any financial assistance provided under a transition program; and (ii) any public investment made under section 5(b)(4). (4) Chief Executive Officer \nThe Board shall select and hire a Chief Executive Officer, who shall report directly to the Board.", "id": "idE68FB6CDDAC24C4B903BDFB02B006F83", "header": "Establishment of the community revitalization corporation" }, { "text": "4. Establishment of endowment and investment strategy \n(a) Endowment fund \n(1) In general \nThere is established within the Corporation an endowment, to be known as the National Energy Transition Endowment Fund , consisting of— (A) amounts deposited in the Endowment under paragraph (3) and subsection (b)(3)(B); (B) income from investments of amounts in the Endowment under paragraph (4); and (C) amounts transferred to the Endowment under subsection (c). (2) Accounts \nWithin the Endowment, there are established the following accounts: (A) The Transitioning Communities Permanent Account, consisting of the amounts described in subparagraphs (A) and (B) of paragraph (1). (B) The Transitioning Communities Benefit Account, consisting of the amounts described in paragraph (1)(C). (3) Deposit \nNot later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall deposit in the Endowment, out of amounts in the Treasury not otherwise appropriated, $20,000,000,000. (4) Investments \nIn accordance with the investment strategy developed under subsection (b)(1), the Board shall invest the principal balance of the Endowment. (b) Investments \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Board shall establish an investment strategy for amounts in the Endowment that— (A) protects the principal balance of the Endowment from inflation through such measures as the Board determines to be necessary to maintain in perpetuity the inflation-adjusted value of all deposits into the Endowment under subparagraphs (A) and (C) of subsection (a)(1); and (B) to the maximum extent practicable, achieves a return on investment of 5 percent (net of inflation) to finance— (i) disbursements to eligible entities under section 5(a)(2); and (ii) the administration of the Corporation under paragraph (3)(A). (2) Investment of principal balance \nOf the principal balance of the Endowment, the Board shall invest— (A) an amount equal to not less than 85 percent, and not more than 90 percent, in a diversified portfolio of stocks and bonds; and (B) an amount equal to not less than 10 percent, and not more than 15 percent, in investments that leverage the purposes of disbursements from the Endowment authorized under section 5. (3) Administrative funds \n(A) In general \nFor each fiscal year, the Board may disburse to the Corporation from the Transitioning Communities Permanent Account, for the administrative expenses of the Corporation, not more than the amount equal to the product obtained by multiplying— (i) the average ending balance of the Transitioning Communities Permanent Account with respect to that fiscal year; and (ii) 0.5 percent. (B) Excess funds \nIf the amount of the actual administrative expenses of the Corporation for a fiscal year is less than the amount disbursed to the Corporation for the fiscal year under subparagraph (A), an amount equal to the difference between those amounts shall be deposited in the Endowment. (c) Transfers to endowment from energy and natural resources leasing \nEach fiscal year, the Secretary of the Treasury shall transfer to the Endowment an amount equal to 33 percent of amounts in the Treasury received from fossil fuel extraction and production leasing and renewable energy resource leasing on Federal land for that fiscal year and not otherwise obligated. (d) Reports \nThe Corporation shall submit to Congress, and make available to the public (including any eligible entities that receive financial assistance under a transition program)— (1) a quarterly report on Endowment investment outcomes; and (2) an annual report describing disbursements from the Endowment, including how amounts were allocated under the transition programs. (e) Oversight \nAnnually, the Inspectors General of the Department of the Interior and the Department of the Treasury shall conduct a review of the management of the Endowment by the Corporation.", "id": "idBACFDF27A81F4660B75878B94C841C3A", "header": "Establishment of endowment and investment strategy" }, { "text": "5. Disbursements from Endowment \n(a) Transitioning Communities Permanent Account \n(1) Availability of amounts \nNot later than September 30 of each fiscal year, in accordance with paragraph (2), the Board shall make available from the Transitioning Communities Permanent Account an amount equal to the product obtained by multiplying— (A) the average ending balance of the Transitioning Communities Permanent Account with respect to that fiscal year; and (B) 4.5 percent. (2) Formula distribution \n(A) Definition of eligible entity \nIn this paragraph, the term eligible entity means a municipal, county, or Tribal government that represents an eligible community. (B) Allocation \nThe Corporation shall allocate the amount made available from the Transitioning Communities Permanent Account under paragraph (1) each fiscal year to eligible entities pursuant to subparagraph (C). (C) Formula \n(i) In general \nThe Corporation shall establish a formula to allocate amounts made available from the Transitioning Communities Permanent Account each fiscal year under subparagraph (B) directly to eligible entities. (ii) Requirement \nTo the maximum extent practicable, in establishing the formula under clause (i), the Corporation shall use as a model existing formulas established by the Treasury, if available and as applicable. (D) Review and public comment \n(i) In general \nThe Board shall review the formula established under subparagraph (C) not less frequently than once every 3 years. (ii) Public comment \nThe results of the review conducted under clause (i), including any recommended changes to the formula made by the Board, shall be subject to a period of public comment of not less than 30 days. (E) Formula criteria \nThe formula established under subparagraph (C) or modified under subparagraph (D) shall— (i) be designed to reflect eligible communities; and (ii) take into account revenue declines that— (I) have occurred during the 20-year period ending on, as applicable— (aa) the date of enactment of this Act; or (bb) the date of the applicable review under subparagraph (D)(i); and (II) are projected to occur during the 10-year period beginning on, as applicable— (aa) the date of enactment of this Act; or (bb) the date of the applicable review under subparagraph (D)(i). (F) Priority \n(i) Definition of officially announced closure \nIn this subparagraph, the term officially announced closure means— (I) in the case of the closure of a fossil fuel energy-generating unit or facility, a notice of closure filed with— (aa) the Energy Information Administration; or (bb) a relevant regional reliability regulator, including a Regional Transmission Organization, Independent System Operator, or State public utility commission; and (II) in the case of the closure of a coal mine that provides coal for an electric power plant for which a notice of closure has been filed under subclause (I), a notice of closure that includes supporting documentation from form 923 of the Energy Information Administration (or a successor form). (ii) Priority \nIn establishing the formula under subparagraph (C), the Corporation shall prioritize eligible entities located in eligible communities experiencing or likely to experience an acute fiscal crisis associated with the loss of revenue resulting from— (I) the closure or officially announced closure of 1 or more fossil fuel energy-generating units or facilities; or (II) the decline or cessation of fossil fuel extraction activities. (G) Considerations \nIn establishing the formula under subparagraph (C), the Corporation shall consider community characteristics, including social and economic measures of income, poverty, education, geographic isolation, and other characteristics identified by the Corporation. (H) Use of funds \nAn eligible entity may use amounts received under this paragraph for any governmental purpose. (b) Transitioning Communities Permanent Account \n(1) Availability of amounts \nNot later than September 30 of each fiscal year, in accordance with paragraphs (2) through (4), the Board shall make available from the Transitioning Communities Benefit Account an amount equal to the product obtained by multiplying— (A) the average ending balance of the Transitioning Communities Benefit Account with respect to that fiscal year; and (B) 4.5 percent. (2) Allocation \nThe Corporation shall allocate the amount made available from the Transitioning Communities Benefit Account under paragraph (1) each fiscal year— (A) to provide grants to eligible entities pursuant to the transition program described in paragraph (3); and (B) for public investment pursuant to the transition program described in paragraph (4). (3) Capacity building; planning and implementation grants \n(A) Definition of eligible entity \nIn this paragraph, the term eligible entity includes— (i) a municipal, county, or Tribal government; (ii) an energy community hub; and (iii) any other entity that represents eligible communities, as determined to be appropriate by the Corporation. (B) Priority; limitation \n(i) Priority \nPriority for grants under this paragraph shall be given to eligible entities carrying out activities in eligible communities that have limited capacity to apply for or otherwise access Federal funding, as determined by the Corporation. (ii) Limitation \nIn the case of an eligible entity described in clause (ii) or (iii) of subparagraph (A), a grant under this paragraph may only be provided to the eligible entity if the applicable municipal, county, or Tribal government submits to the Corporation, in writing, a statement that the applicable municipal, county, or Tribal government supports the grant for the eligible entity. (C) Training and technical assistance \nEach fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(A), the Corporation shall provide to eligible entities technical assistance to apply for or otherwise access Federal funding, including capacity-building grants under subparagraph (D) and planning and implementation grants under subparagraph (E). (D) Capacity-building grants \nEach fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(A), the Corporation shall make noncompetitive capacity-building grants to each eligible entity to assist with developing strategic transition plans necessary to receive additional competitive grants and financing opportunities. (E) Planning and implementation grants \n(i) Grants \nEach fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(A), the Corporation shall make competitive, multiyear grants to eligible entities to fund— (I) strategic transition planning activities in eligible communities; (II) the implementation of transition plans in eligible communities; and (III) transition projects in eligible communities, including workforce retraining and community development projects. (ii) Strategy for data collection, monitoring, and reporting \nIn carrying out this subparagraph, the Corporation shall develop a strategy to assist eligible entities receiving grants under this subparagraph with any applicable data collection, monitoring, and reporting requirements. (iii) Assessment by Corporation \nTo ensure transparency and improve the transfer and understanding of transition planning and implementation outcomes, the Corporation shall compile, conduct assessments of, and report on data provided by eligible entities provided grants under this subparagraph, in accordance with section 3(d)(3)(I). (4) Public investment \n(A) In general \nEach fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(B), the Corporation shall make public investments in public or private projects carried out in eligible communities that leverage transition programs funded under paragraph (3). (B) Consultation \nThe Corporation may carry out subparagraph (A) in consultation with the staff of the Corporation, community development financial institutions, public benefit corporations, entities that provide philanthropic funding, energy community hubs, and other partners to invest capital in businesses and infrastructure in eligible communities. (C) Requirement for return on investment \nTo the maximum extent practicable, the Corporation shall ensure that the entire portfolio of transition investments under subparagraph (A) contributes to a return to the Endowment that achieves the target described in section 4(b)(1)(B).", "id": "idb183c6e66ab64606aa2691910c023383", "header": "Disbursements from Endowment" } ]
5
1. Short title This Act may be cited as the National Energy Community Transition Act of 2022. 2. Definitions In this Act: (1) Average ending balance The term average ending balance , with respect to an account in the Endowment, means— (A) for the first fiscal year during which the Endowment is in operation, the actual ending balance of the account; (B) for the second fiscal year during which the Endowment is in operation, the average of the fiscal year ending balances of the account for that fiscal year and the preceding fiscal year; (C) for the third fiscal year during which the Endowment is in operation, the average of the fiscal year ending balances of the account for the 2-preceding-fiscal-year period; and (D) for the fourth fiscal year during which the Endowment is in operation, and for each fiscal year thereafter, the average of the fiscal year ending balances of the account for the 3-preceding-fiscal-year period. (2) Board The term Board means the Board of Directors of the Corporation. (3) Community development financial institution The term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (4) Corporation The term Corporation means the Community Revitalization Corporation established by section 3(a). (5) Eligible community The term eligible community means— (A) a community experiencing or likely to experience an economic or workforce transition relating to changes in applicable— (i) fossil fuel electricity generation; or (ii) fossil fuel extraction, development, or demand; and (B) a community experiencing or likely to experience a decline in fossil fuel-related revenue. (6) Endowment The term Endowment means the National Energy Transition Endowment Fund established by section 4(a)(1). (7) Energy community hub The term energy community hub means a place-based organization (including a nonprofit entity, community development financial institution, regional economic development authority, or other community-based organization, as determined to be appropriate by the Corporation) that— (A) facilitates economic and community development in an eligible community; and (B) provides necessary capacity and experience to implement a transition program for 1 or more eligible communities. (8) Transition program The term transition program means a program described in section 5(a)(2) or paragraph (3) or (4) of section 5(b). 3. Establishment of the community revitalization corporation (a) In general There is established a federally chartered, nonprofit corporation, to be known as the Community Revitalization Corporation. (b) Status and applicable laws (1) Non-Federal entity The Corporation is not a department, agency, or instrumentality of the United States Government. (2) Liability The United States Government shall not be liable for the actions or inactions of the Corporation. (3) Nonprofit corporation The Corporation shall have and maintain the status of the Corporation as a nonprofit corporation exempt from taxation under the Internal Revenue Code of 1986. (c) Board of directors (1) Authority The powers of the Corporation shall be vested in a Board of Directors that governs the Corporation. (2) Membership (A) In general The Board shall be composed of not fewer than 7 but not more than 11 members, who shall be appointed by the President, not later than 90 days after the date of enactment of this Act, by and with the advice and consent of the Senate. (B) Qualifications of members (i) In general Subject to clauses (ii) and (iii), in making appointments under subparagraph (A), the President shall ensure that the membership of the Board— (I) includes— (aa) members from eligible communities; (bb) members with relevant economic development experiences with— (AA) eligible communities; (BB) underserved rural communities in economic distress; and (CC) underrepresented minority communities, such as indigenous communities, Tribal communities, or communities of color; and (cc) members representing a recognized State labor organization or central labor council or other labor representatives, as appropriate; and (II) has not more than a 1-member majority from any political party. (ii) Prohibition A member of the Board shall not hold an office, position, or employment in any political party. (iii) Initial members The President shall ensure that the initial membership of the Board includes a representative of each of the Northern Rocky Mountain region, the Four Corners region, the Mid-Continental Gulf Coast region, the Illinois Basin region, the Appalachian region, and the Alaska region, as described in the report prepared by the Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization entitled Initial Report to the President on Empowering Workers Through Revitalizing Energy Communities and dated April 2021. (C) Terms (i) In general A member of the Board shall be appointed for a term of 4 years, except that the President shall designate staggered terms for the members first appointed to the Board. (ii) Reappointment A member of the Board may be reappointed to serve an additional term, subject to the condition that the member may serve for not more than 2 consecutive terms. (D) Vacancies (i) In general A vacancy on the Board shall be— (I) filled in the manner in which the original appointment was made; and (II) subject to any conditions that applied with respect to the original appointment. (ii) Filling unexpired term An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (E) Expiration of terms Any member of the Board may continue to serve after the expiration of the term for which the member was appointed until a qualified successor has been appointed. (3) Chairperson (A) In general The Chairperson of the Board shall be selected from among the members of the Board by a majority vote of the members. (B) Term of service The Chairperson of the Board— (i) shall serve for a term of not longer than 4 years; and (ii) may be reelected to serve an additional term, subject to the condition that the Chairperson may serve for not more than 2 consecutive terms. (4) Consultation To the maximum extent practicable, in carrying out the duties of the Corporation under subsection (d)(3), the Board shall engage regional economic development entities and energy community hubs to solicit and consider input and feedback relating to decisions impacting the 1 or more regions the entity represents. (d) Bylaws and duties (1) In general The Board shall adopt, and may amend, the bylaws of the Corporation. (2) Bylaws The bylaws of the Corporation shall include, at a minimum— (A) the duties and responsibilities of the Board; and (B) the operational procedures of the Corporation. (3) Duties and responsibilities of board The Board shall be responsible for actions of the Corporation, including— (A) hiring staff to carry out the functions of the Corporation; (B) entering into contracts with fund management and investment professionals to manage the Endowment; (C) making formula payments under section 5(a)(2); (D) making grants in accordance with section 5(b)(3); (E) monitoring Federal and State policies relevant to rural and transitioning communities; (F) coordinating (including through entering into contracts), as appropriate, with relevant agencies, institutions, energy community hubs, and other entities that provide economic, training, and capacity assistance to eligible communities consistent with the duties under subparagraphs (C), (D), (H), and (I); (G) creating and maintaining accessible electronic materials targeted towards eligible communities, including up-to-date, user-friendly information on— (i) the programs and activities carried out by the Corporation; and (ii) other relevant Federal programs that provide economic assistance to eligible communities or other similar transitioning communities; (H) making public investments in accordance with section 5(b)(4); and (I) monitoring, assessing, and reporting on outcomes of— (i) any financial assistance provided under a transition program; and (ii) any public investment made under section 5(b)(4). (4) Chief Executive Officer The Board shall select and hire a Chief Executive Officer, who shall report directly to the Board. 4. Establishment of endowment and investment strategy (a) Endowment fund (1) In general There is established within the Corporation an endowment, to be known as the National Energy Transition Endowment Fund , consisting of— (A) amounts deposited in the Endowment under paragraph (3) and subsection (b)(3)(B); (B) income from investments of amounts in the Endowment under paragraph (4); and (C) amounts transferred to the Endowment under subsection (c). (2) Accounts Within the Endowment, there are established the following accounts: (A) The Transitioning Communities Permanent Account, consisting of the amounts described in subparagraphs (A) and (B) of paragraph (1). (B) The Transitioning Communities Benefit Account, consisting of the amounts described in paragraph (1)(C). (3) Deposit Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall deposit in the Endowment, out of amounts in the Treasury not otherwise appropriated, $20,000,000,000. (4) Investments In accordance with the investment strategy developed under subsection (b)(1), the Board shall invest the principal balance of the Endowment. (b) Investments (1) In general Not later than 180 days after the date of enactment of this Act, the Board shall establish an investment strategy for amounts in the Endowment that— (A) protects the principal balance of the Endowment from inflation through such measures as the Board determines to be necessary to maintain in perpetuity the inflation-adjusted value of all deposits into the Endowment under subparagraphs (A) and (C) of subsection (a)(1); and (B) to the maximum extent practicable, achieves a return on investment of 5 percent (net of inflation) to finance— (i) disbursements to eligible entities under section 5(a)(2); and (ii) the administration of the Corporation under paragraph (3)(A). (2) Investment of principal balance Of the principal balance of the Endowment, the Board shall invest— (A) an amount equal to not less than 85 percent, and not more than 90 percent, in a diversified portfolio of stocks and bonds; and (B) an amount equal to not less than 10 percent, and not more than 15 percent, in investments that leverage the purposes of disbursements from the Endowment authorized under section 5. (3) Administrative funds (A) In general For each fiscal year, the Board may disburse to the Corporation from the Transitioning Communities Permanent Account, for the administrative expenses of the Corporation, not more than the amount equal to the product obtained by multiplying— (i) the average ending balance of the Transitioning Communities Permanent Account with respect to that fiscal year; and (ii) 0.5 percent. (B) Excess funds If the amount of the actual administrative expenses of the Corporation for a fiscal year is less than the amount disbursed to the Corporation for the fiscal year under subparagraph (A), an amount equal to the difference between those amounts shall be deposited in the Endowment. (c) Transfers to endowment from energy and natural resources leasing Each fiscal year, the Secretary of the Treasury shall transfer to the Endowment an amount equal to 33 percent of amounts in the Treasury received from fossil fuel extraction and production leasing and renewable energy resource leasing on Federal land for that fiscal year and not otherwise obligated. (d) Reports The Corporation shall submit to Congress, and make available to the public (including any eligible entities that receive financial assistance under a transition program)— (1) a quarterly report on Endowment investment outcomes; and (2) an annual report describing disbursements from the Endowment, including how amounts were allocated under the transition programs. (e) Oversight Annually, the Inspectors General of the Department of the Interior and the Department of the Treasury shall conduct a review of the management of the Endowment by the Corporation. 5. Disbursements from Endowment (a) Transitioning Communities Permanent Account (1) Availability of amounts Not later than September 30 of each fiscal year, in accordance with paragraph (2), the Board shall make available from the Transitioning Communities Permanent Account an amount equal to the product obtained by multiplying— (A) the average ending balance of the Transitioning Communities Permanent Account with respect to that fiscal year; and (B) 4.5 percent. (2) Formula distribution (A) Definition of eligible entity In this paragraph, the term eligible entity means a municipal, county, or Tribal government that represents an eligible community. (B) Allocation The Corporation shall allocate the amount made available from the Transitioning Communities Permanent Account under paragraph (1) each fiscal year to eligible entities pursuant to subparagraph (C). (C) Formula (i) In general The Corporation shall establish a formula to allocate amounts made available from the Transitioning Communities Permanent Account each fiscal year under subparagraph (B) directly to eligible entities. (ii) Requirement To the maximum extent practicable, in establishing the formula under clause (i), the Corporation shall use as a model existing formulas established by the Treasury, if available and as applicable. (D) Review and public comment (i) In general The Board shall review the formula established under subparagraph (C) not less frequently than once every 3 years. (ii) Public comment The results of the review conducted under clause (i), including any recommended changes to the formula made by the Board, shall be subject to a period of public comment of not less than 30 days. (E) Formula criteria The formula established under subparagraph (C) or modified under subparagraph (D) shall— (i) be designed to reflect eligible communities; and (ii) take into account revenue declines that— (I) have occurred during the 20-year period ending on, as applicable— (aa) the date of enactment of this Act; or (bb) the date of the applicable review under subparagraph (D)(i); and (II) are projected to occur during the 10-year period beginning on, as applicable— (aa) the date of enactment of this Act; or (bb) the date of the applicable review under subparagraph (D)(i). (F) Priority (i) Definition of officially announced closure In this subparagraph, the term officially announced closure means— (I) in the case of the closure of a fossil fuel energy-generating unit or facility, a notice of closure filed with— (aa) the Energy Information Administration; or (bb) a relevant regional reliability regulator, including a Regional Transmission Organization, Independent System Operator, or State public utility commission; and (II) in the case of the closure of a coal mine that provides coal for an electric power plant for which a notice of closure has been filed under subclause (I), a notice of closure that includes supporting documentation from form 923 of the Energy Information Administration (or a successor form). (ii) Priority In establishing the formula under subparagraph (C), the Corporation shall prioritize eligible entities located in eligible communities experiencing or likely to experience an acute fiscal crisis associated with the loss of revenue resulting from— (I) the closure or officially announced closure of 1 or more fossil fuel energy-generating units or facilities; or (II) the decline or cessation of fossil fuel extraction activities. (G) Considerations In establishing the formula under subparagraph (C), the Corporation shall consider community characteristics, including social and economic measures of income, poverty, education, geographic isolation, and other characteristics identified by the Corporation. (H) Use of funds An eligible entity may use amounts received under this paragraph for any governmental purpose. (b) Transitioning Communities Permanent Account (1) Availability of amounts Not later than September 30 of each fiscal year, in accordance with paragraphs (2) through (4), the Board shall make available from the Transitioning Communities Benefit Account an amount equal to the product obtained by multiplying— (A) the average ending balance of the Transitioning Communities Benefit Account with respect to that fiscal year; and (B) 4.5 percent. (2) Allocation The Corporation shall allocate the amount made available from the Transitioning Communities Benefit Account under paragraph (1) each fiscal year— (A) to provide grants to eligible entities pursuant to the transition program described in paragraph (3); and (B) for public investment pursuant to the transition program described in paragraph (4). (3) Capacity building; planning and implementation grants (A) Definition of eligible entity In this paragraph, the term eligible entity includes— (i) a municipal, county, or Tribal government; (ii) an energy community hub; and (iii) any other entity that represents eligible communities, as determined to be appropriate by the Corporation. (B) Priority; limitation (i) Priority Priority for grants under this paragraph shall be given to eligible entities carrying out activities in eligible communities that have limited capacity to apply for or otherwise access Federal funding, as determined by the Corporation. (ii) Limitation In the case of an eligible entity described in clause (ii) or (iii) of subparagraph (A), a grant under this paragraph may only be provided to the eligible entity if the applicable municipal, county, or Tribal government submits to the Corporation, in writing, a statement that the applicable municipal, county, or Tribal government supports the grant for the eligible entity. (C) Training and technical assistance Each fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(A), the Corporation shall provide to eligible entities technical assistance to apply for or otherwise access Federal funding, including capacity-building grants under subparagraph (D) and planning and implementation grants under subparagraph (E). (D) Capacity-building grants Each fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(A), the Corporation shall make noncompetitive capacity-building grants to each eligible entity to assist with developing strategic transition plans necessary to receive additional competitive grants and financing opportunities. (E) Planning and implementation grants (i) Grants Each fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(A), the Corporation shall make competitive, multiyear grants to eligible entities to fund— (I) strategic transition planning activities in eligible communities; (II) the implementation of transition plans in eligible communities; and (III) transition projects in eligible communities, including workforce retraining and community development projects. (ii) Strategy for data collection, monitoring, and reporting In carrying out this subparagraph, the Corporation shall develop a strategy to assist eligible entities receiving grants under this subparagraph with any applicable data collection, monitoring, and reporting requirements. (iii) Assessment by Corporation To ensure transparency and improve the transfer and understanding of transition planning and implementation outcomes, the Corporation shall compile, conduct assessments of, and report on data provided by eligible entities provided grants under this subparagraph, in accordance with section 3(d)(3)(I). (4) Public investment (A) In general Each fiscal year, out of amounts made available from the Transitioning Communities Benefit Account under paragraph (2)(B), the Corporation shall make public investments in public or private projects carried out in eligible communities that leverage transition programs funded under paragraph (3). (B) Consultation The Corporation may carry out subparagraph (A) in consultation with the staff of the Corporation, community development financial institutions, public benefit corporations, entities that provide philanthropic funding, energy community hubs, and other partners to invest capital in businesses and infrastructure in eligible communities. (C) Requirement for return on investment To the maximum extent practicable, the Corporation shall ensure that the entire portfolio of transition investments under subparagraph (A) contributes to a return to the Endowment that achieves the target described in section 4(b)(1)(B).
20,973
117s3908is
117
s
3,908
is
To provide that certain policy statements of the Federal Energy Regulatory Commission shall have no force or effect unless certain conditions are met, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Ensuring National Security Using Reliable Energy Act or the ENSURE Act.", "id": "idF344D731B685447A8441F004386472F2", "header": "Short title" }, { "text": "2. FERC applications \n(a) In general \nThe following policy statements issued by the Federal Energy Regulatory Commission shall have no force or effect until the date described in subsection (b): (1) The updated policy statement entitled Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (Docket No. PL18–1–000 (February 18, 2022)). (2) The interim policy statement entitled Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews (Docket No. PL21–3–000 (February 18, 2022)). (b) Date described \nThe date referred to in subsection (a) is the later of— (1) the date on which the Electric Reliability Organization (as defined in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) )) certifies that disruption to pipeline natural gas supplies does not pose material risk to power system reliability in any season of the year in the territory served by any regional reliability entity, including the Western Electricity Coordinating Council, the Midwest Reliability Organization, the Texas Reliability Entity, and the Northeast Power Coordinating Council; and (2) the date on which, as determined by the Administrator of the Energy Information Administration, prices for natural gas and wholesale electricity do not exceed, for not fewer than 3 successive calendar quarters, the average of prices for natural gas and wholesale electricity that were in effect for calendar years 2018, 2019, and 2020. (c) Requirement to timely process FERC applications \nUnless and until the conditions described in paragraphs (1) and (2) of subsection (b) are met, the Federal Energy Regulatory Commission shall timely process applications under section 3(e) and section 7 of the Natural Gas Act ( 15 U.S.C. 717b(e) , 717f) pursuant to the Federal Energy Regulatory Commission 1999 Policy Statement on the Certification of New Interstate Natural Gas Facilities (Docket No. PL99–3–000 (September 15, 1999)). (d) Right To seek relief \nAny party aggrieved by the failure of the Federal Energy Regulatory Commission to process an application described in subsection (c) in a reasonable time period may seek equitable relief in any Federal court of competent jurisdiction.", "id": "idE27C9E7B509F4E3EADCB5E589A7AB17D", "header": "FERC applications" } ]
2
1. Short title This Act may be cited as the Ensuring National Security Using Reliable Energy Act or the ENSURE Act. 2. FERC applications (a) In general The following policy statements issued by the Federal Energy Regulatory Commission shall have no force or effect until the date described in subsection (b): (1) The updated policy statement entitled Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (Docket No. PL18–1–000 (February 18, 2022)). (2) The interim policy statement entitled Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews (Docket No. PL21–3–000 (February 18, 2022)). (b) Date described The date referred to in subsection (a) is the later of— (1) the date on which the Electric Reliability Organization (as defined in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) )) certifies that disruption to pipeline natural gas supplies does not pose material risk to power system reliability in any season of the year in the territory served by any regional reliability entity, including the Western Electricity Coordinating Council, the Midwest Reliability Organization, the Texas Reliability Entity, and the Northeast Power Coordinating Council; and (2) the date on which, as determined by the Administrator of the Energy Information Administration, prices for natural gas and wholesale electricity do not exceed, for not fewer than 3 successive calendar quarters, the average of prices for natural gas and wholesale electricity that were in effect for calendar years 2018, 2019, and 2020. (c) Requirement to timely process FERC applications Unless and until the conditions described in paragraphs (1) and (2) of subsection (b) are met, the Federal Energy Regulatory Commission shall timely process applications under section 3(e) and section 7 of the Natural Gas Act ( 15 U.S.C. 717b(e) , 717f) pursuant to the Federal Energy Regulatory Commission 1999 Policy Statement on the Certification of New Interstate Natural Gas Facilities (Docket No. PL99–3–000 (September 15, 1999)). (d) Right To seek relief Any party aggrieved by the failure of the Federal Energy Regulatory Commission to process an application described in subsection (c) in a reasonable time period may seek equitable relief in any Federal court of competent jurisdiction.
2,336
117s2401rs
117
s
2,401
rs
To reauthorize the Assistive Technology Act of 1998, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the 21st Century Assistive Technology Act.", "id": "S1", "header": "Short title" }, { "text": "2. Reauthorization \nThe Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) is amended to read as follows: 1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. State grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds. 2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) Over 54,000,000 individuals in the United States have disabilities, with almost half experiencing severe disabilities that affect their ability to see, hear, communicate, reason, walk, or perform other basic life functions. (2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue competitive, integrated employment; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (3) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (4) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living. (6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. This partnership between the Federal Government and the States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages meet their assistive technology needs. (7) Despite the success of the Federal-State partnership in providing access to assistive technology devices and assistive technology services, there is a continued need to provide information and legally based advocacy about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society. (8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )), accessibility provisions of the Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. ), and the amendments made to the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) by the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425) and the rapid and unending evolution of technology require a Federal-State investment in State assistive technology programs, as well as an investment in protection and advocacy systems, to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities. (b) Purposes \nThe purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families, older individuals and their families, and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions \nIn this Act: (1) Adult service program \nThe term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium \nThe term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology \nThe term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device \nThe term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service \nThe term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities \nThe term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance \nThe term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities— (A) implemented by a State; (B) equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) that incorporates all of the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive \nThe term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability \nThe term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability; individuals with disabilities \n(A) Individual with a disability \nThe term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities \nThe term individuals with disabilities means more than 1 individual with a disability. (11) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services \nThe term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary \nThe term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. (14) State \n(A) In general \nExcept as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas \nIn section 4(b): (i) Outlying area \nThe term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State \nThe term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program \nThe term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities \nThe term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact, or provide services to, with individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population \nThe term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, individuals who are minorities, individuals with a total family income that is below the poverty line (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), individuals with limited English proficiency, older individuals, or individuals from rural areas. (18) Universal design \nThe term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 4. Grants for State assistive technology programs \n(a) Grants to States \nThe Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance \n(1) In general \nFrom funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants \n(A) Base year \nExcept as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction \n(i) In general \nIf funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds \nIf, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under this paragraph. (C) Higher appropriation years \nFor a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph (A), the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotments described in clause (i), allot to each State or outlying area an equal amount of such funds, until each State has received an allotment under clause (i) and this clause of not less than $550,000, and each outlying area has received an allotment of $167,500; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii)— (I) from 50 percent of the remainder allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; and (II) from 50 percent of the remainder, allot to each State an equal amount. (3) Availability of funds \nAmounts made available for an award year under this section shall be available for the award year and the year following the award year. (c) Lead agency, implementing entity, and advisory council \n(1) Lead agency and implementing entity \n(A) Lead agency \n(i) In general \nThe Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties \nThe duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity \nThe Governor or lead agency may designate an agency, office, or other entity to carry out all State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity \n(i) In general \nOn obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the entity designated as the lead agency should not serve as that agency; and (II) the Governor or the lead agency may redesignate the implementing entity of a State, if the Governor or lead agency shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction \nNothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council \n(A) In general \nThere shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation \n(i) Composition \nThe advisory council shall be composed of— (I) individuals with disabilities that use assistive technology, including individuals over 50 years of age, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of 1 or more of the following: (aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ); (cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistant under such Act ( 42 U.S.C. 3001 et seq. ); (dd) an organization representing injured veterans; (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ); (ff) the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); or (gg) the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ); (VI) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VII) a representative of an alternative financing program for assistive technology, if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; and (VIII) representatives of other State agencies, public agencies, or private organizations, as determined by the State. (ii) Majority \n(I) In general \nNot less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), in a manner that ensures— (aa) not less than 31 percent of the members of the advisory council are individuals with disabilities described in such clause; and (bb) not more than 20 percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause. (II) Representatives of agencies \nMembers appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation \nThe advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses \nThe members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies \nNothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies who carry out State assistive technology programs. (d) Application \n(1) In general \nAny State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity \n(A) In general \nThe application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor or lead agency of the State designates such an entity; (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2); and (iv) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council. (B) Change in lead agency or implementing agency \nIn any case where the Governor or lead agency requests to redesignate a lead agency or implementing entity, as the case may be, the Governor or lead agency shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the lead agency or implementing entity, as the case may be, should not serve as that agency or entity. (3) State plan \nThe application under this subsection shall include a State plan for assistive technology, consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved, in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities \nThe application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances \nThe application shall include assurances that— (A) the State will annually collect data related to all activities described in paragraph (3)(A), including activities funded by State or non-Federal sources under subsection (e)(1)(B), in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 20 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds \n(1) Required activities \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all of the activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support \nA State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities \n(A) State financing activities \nThe State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs \nThe State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs \nThe State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations \n(i) In general \nThe State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information \nThe State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities \n(A) Training and technical assistance \n(i) In general \nThe State shall directly, or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities to, develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities \nIn carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities \nThe State shall directly, or provide support to public or private entities to, develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; or (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities \n(i) In general \nThe State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; (II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system \n(I) In general \nThe State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content \nThe system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration \nThe State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs \nNot more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding rules \n(A) Prohibition \nFunds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration \nIn order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility \n(A) In general \nNotwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule \nNotwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition \nNotwithstanding other equipment disposition policies under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private non-profit agency, or individual with a disability in need of such device. (f) Annual progress reports \n(1) Data collection \nEach State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports \n(A) In general \nEach State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B), at such time, and in such manner, as the Secretary may require. (B) Contents \nThe report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (who shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the numbers of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, and dollar amount, of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or vendors) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public-awareness activities under subsection (e)(3)(B) with a high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided. 5. State grants for protection and advocacy services related to assistive technology \n(a) Grants \n(1) In general \nFrom amounts made available to carry out this section, the Secretary shall make grants, through allotments under subsection (b), to protection and advocacy systems for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities \nIn providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution \n(1) Reservation \nFor each fiscal year, the Secretary shall reserve, from amounts made available to carry out this section under section 9(b)(3)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis \nFrom the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums \nSubject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American indian consortium \n(A) In general \nThe Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants \nThe amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustment \nFor each fiscal year in which the total amount appropriated under section 9(b)(3)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment \nNotwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income \n(1) Carryover \nAny amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program income \nProgram income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary \nAn entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies \nAn entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination \nOn making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Technical assistance and data collection support \n(a) Definitions \nIn this section: (1) Qualified data collection and reporting entity \nThe term qualified data collection and reporting entity means a national nonprofit organization with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider \nThe term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider \nThe term qualified training and technical assistance provider means a national nonprofit organization with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized \n(1) Support for assistive technology training and technical assistance \nFrom amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance \nFrom amounts made available under section 9(b)(2), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application \n(1) In general \nTo be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input \nIn awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities \n(1) Use of funds for assistive technology training and technical assistance \n(A) Training and technical assistance efforts \nA qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration \nIn developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance \nA qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). 7. Projects of national significance \n(a) Definition of project of national significance \nIn this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with a spectrum of ability to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) build partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to transition youth who are individuals with disabilities from school to adult life, including youth with intellectual and developmental disabilities, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs, or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized \nIf funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application \nA public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis \n(1) Priority \nIn awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference \nFor each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is reason to prioritize that category of project. (e) Minimum funding level required \nThe Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. 8. Administrative provisions \n(a) General administration \n(1) In general \nNotwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration \nThe Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration \n(A) In general \nIn administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will equitably address— (i) the needs of individuals with all types of disabilities and across the age span; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitation \nFor each fiscal year, not more than one-half of one percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities \n(1) In general \nThe Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information \nTo assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions \n(1) Corrective action \nIf the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions \nIf the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures \nThe Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action \nAs part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification \nThe Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to congress \n(1) In general \nNot later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents \nSuch report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction \nNothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance \nThis Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 9. Authorization of appropriations; reservations and distribution of funds \n(a) In general \nThere are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds \nOf the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 2 percent of such available funds to carry out section 6(b)(1), of which— (A) an amount equal to 88.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(A); and (B) an amount equal to 14.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(B); (2) reserve an amount equal to 1 percent of such available funds appropriated to carry out section 6(b)(2); and (3) of the amounts remaining after the reservations under paragraphs (1) and (2)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance \nIn any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000, the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b)..", "id": "id904C39C4192648E3B83198404F1C49B2", "header": "Reauthorization" }, { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. State grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds.", "id": "ID713B03A8E9CB4F9184E32926C2CB04A8", "header": "Short title; table of contents" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) Over 54,000,000 individuals in the United States have disabilities, with almost half experiencing severe disabilities that affect their ability to see, hear, communicate, reason, walk, or perform other basic life functions. (2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue competitive, integrated employment; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (3) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (4) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living. (6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. This partnership between the Federal Government and the States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages meet their assistive technology needs. (7) Despite the success of the Federal-State partnership in providing access to assistive technology devices and assistive technology services, there is a continued need to provide information and legally based advocacy about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society. (8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )), accessibility provisions of the Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. ), and the amendments made to the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) by the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425) and the rapid and unending evolution of technology require a Federal-State investment in State assistive technology programs, as well as an investment in protection and advocacy systems, to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities. (b) Purposes \nThe purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families, older individuals and their families, and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services.", "id": "IDDAE9CD16412445958F48E36014B9321B", "header": "Findings and purposes" }, { "text": "3. Definitions \nIn this Act: (1) Adult service program \nThe term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium \nThe term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology \nThe term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device \nThe term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service \nThe term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities \nThe term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance \nThe term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities— (A) implemented by a State; (B) equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) that incorporates all of the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive \nThe term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability \nThe term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability; individuals with disabilities \n(A) Individual with a disability \nThe term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities \nThe term individuals with disabilities means more than 1 individual with a disability. (11) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services \nThe term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary \nThe term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. (14) State \n(A) In general \nExcept as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas \nIn section 4(b): (i) Outlying area \nThe term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State \nThe term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program \nThe term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities \nThe term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact, or provide services to, with individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population \nThe term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, individuals who are minorities, individuals with a total family income that is below the poverty line (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), individuals with limited English proficiency, older individuals, or individuals from rural areas. (18) Universal design \nThe term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies.", "id": "ID74B10B5ADDC94A449602F0B06793AB24", "header": "Definitions" }, { "text": "4. Grants for State assistive technology programs \n(a) Grants to States \nThe Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance \n(1) In general \nFrom funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants \n(A) Base year \nExcept as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction \n(i) In general \nIf funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds \nIf, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under this paragraph. (C) Higher appropriation years \nFor a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph (A), the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotments described in clause (i), allot to each State or outlying area an equal amount of such funds, until each State has received an allotment under clause (i) and this clause of not less than $550,000, and each outlying area has received an allotment of $167,500; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii)— (I) from 50 percent of the remainder allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; and (II) from 50 percent of the remainder, allot to each State an equal amount. (3) Availability of funds \nAmounts made available for an award year under this section shall be available for the award year and the year following the award year. (c) Lead agency, implementing entity, and advisory council \n(1) Lead agency and implementing entity \n(A) Lead agency \n(i) In general \nThe Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties \nThe duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity \nThe Governor or lead agency may designate an agency, office, or other entity to carry out all State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity \n(i) In general \nOn obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the entity designated as the lead agency should not serve as that agency; and (II) the Governor or the lead agency may redesignate the implementing entity of a State, if the Governor or lead agency shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction \nNothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council \n(A) In general \nThere shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation \n(i) Composition \nThe advisory council shall be composed of— (I) individuals with disabilities that use assistive technology, including individuals over 50 years of age, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of 1 or more of the following: (aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ); (cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistant under such Act ( 42 U.S.C. 3001 et seq. ); (dd) an organization representing injured veterans; (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ); (ff) the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); or (gg) the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ); (VI) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VII) a representative of an alternative financing program for assistive technology, if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; and (VIII) representatives of other State agencies, public agencies, or private organizations, as determined by the State. (ii) Majority \n(I) In general \nNot less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), in a manner that ensures— (aa) not less than 31 percent of the members of the advisory council are individuals with disabilities described in such clause; and (bb) not more than 20 percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause. (II) Representatives of agencies \nMembers appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation \nThe advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses \nThe members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies \nNothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies who carry out State assistive technology programs. (d) Application \n(1) In general \nAny State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity \n(A) In general \nThe application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor or lead agency of the State designates such an entity; (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2); and (iv) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council. (B) Change in lead agency or implementing agency \nIn any case where the Governor or lead agency requests to redesignate a lead agency or implementing entity, as the case may be, the Governor or lead agency shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the lead agency or implementing entity, as the case may be, should not serve as that agency or entity. (3) State plan \nThe application under this subsection shall include a State plan for assistive technology, consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved, in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities \nThe application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances \nThe application shall include assurances that— (A) the State will annually collect data related to all activities described in paragraph (3)(A), including activities funded by State or non-Federal sources under subsection (e)(1)(B), in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 20 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds \n(1) Required activities \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all of the activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support \nA State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities \n(A) State financing activities \nThe State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs \nThe State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs \nThe State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations \n(i) In general \nThe State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information \nThe State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities \n(A) Training and technical assistance \n(i) In general \nThe State shall directly, or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities to, develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities \nIn carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities \nThe State shall directly, or provide support to public or private entities to, develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; or (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities \n(i) In general \nThe State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; (II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system \n(I) In general \nThe State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content \nThe system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration \nThe State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs \nNot more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding rules \n(A) Prohibition \nFunds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration \nIn order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility \n(A) In general \nNotwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule \nNotwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition \nNotwithstanding other equipment disposition policies under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private non-profit agency, or individual with a disability in need of such device. (f) Annual progress reports \n(1) Data collection \nEach State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports \n(A) In general \nEach State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B), at such time, and in such manner, as the Secretary may require. (B) Contents \nThe report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (who shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the numbers of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, and dollar amount, of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or vendors) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public-awareness activities under subsection (e)(3)(B) with a high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided.", "id": "IDE28B38D3CD0742DF930C7E6ECCC56334", "header": "Grants for State assistive technology programs" }, { "text": "5. State grants for protection and advocacy services related to assistive technology \n(a) Grants \n(1) In general \nFrom amounts made available to carry out this section, the Secretary shall make grants, through allotments under subsection (b), to protection and advocacy systems for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities \nIn providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution \n(1) Reservation \nFor each fiscal year, the Secretary shall reserve, from amounts made available to carry out this section under section 9(b)(3)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis \nFrom the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums \nSubject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American indian consortium \n(A) In general \nThe Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants \nThe amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustment \nFor each fiscal year in which the total amount appropriated under section 9(b)(3)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment \nNotwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income \n(1) Carryover \nAny amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program income \nProgram income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary \nAn entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies \nAn entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination \nOn making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section.", "id": "ID0EA4A7120C9D4BA4B2C25089D69CD4D7", "header": "State grants for protection and advocacy services related to assistive technology" }, { "text": "6. Technical assistance and data collection support \n(a) Definitions \nIn this section: (1) Qualified data collection and reporting entity \nThe term qualified data collection and reporting entity means a national nonprofit organization with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider \nThe term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider \nThe term qualified training and technical assistance provider means a national nonprofit organization with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized \n(1) Support for assistive technology training and technical assistance \nFrom amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance \nFrom amounts made available under section 9(b)(2), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application \n(1) In general \nTo be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input \nIn awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities \n(1) Use of funds for assistive technology training and technical assistance \n(A) Training and technical assistance efforts \nA qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration \nIn developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance \nA qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2).", "id": "IDA8D0202934B748D1BE5717DBE7624EFF", "header": "Technical assistance and data collection support" }, { "text": "7. Projects of national significance \n(a) Definition of project of national significance \nIn this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with a spectrum of ability to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) build partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to transition youth who are individuals with disabilities from school to adult life, including youth with intellectual and developmental disabilities, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs, or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized \nIf funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application \nA public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis \n(1) Priority \nIn awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference \nFor each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is reason to prioritize that category of project. (e) Minimum funding level required \nThe Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000.", "id": "id3b506547586b43bd962e1de8096112a5", "header": "Projects of national significance" }, { "text": "8. Administrative provisions \n(a) General administration \n(1) In general \nNotwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration \nThe Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration \n(A) In general \nIn administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will equitably address— (i) the needs of individuals with all types of disabilities and across the age span; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitation \nFor each fiscal year, not more than one-half of one percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities \n(1) In general \nThe Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information \nTo assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions \n(1) Corrective action \nIf the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions \nIf the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures \nThe Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action \nAs part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification \nThe Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to congress \n(1) In general \nNot later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents \nSuch report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction \nNothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance \nThis Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law.", "id": "ID68E1DD84CFE0450FBC6C3D4D77C34718", "header": "Administrative provisions" }, { "text": "9. Authorization of appropriations; reservations and distribution of funds \n(a) In general \nThere are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds \nOf the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 2 percent of such available funds to carry out section 6(b)(1), of which— (A) an amount equal to 88.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(A); and (B) an amount equal to 14.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(B); (2) reserve an amount equal to 1 percent of such available funds appropriated to carry out section 6(b)(2); and (3) of the amounts remaining after the reservations under paragraphs (1) and (2)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance \nIn any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000, the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b).", "id": "id18FA4F0A2139411396377D24A5D88BD9", "header": "Authorization of appropriations; reservations and distribution of funds" }, { "text": "3. Effective date \nThis Act, and the amendments made by this Act, shall take effect on the day that is six months after the date of enactment of this Act.", "id": "id842E032C70DE4F28BFF28EF4EC12A7D4", "header": "Effective date" }, { "text": "1. Short title \nThis Act may be cited as the 21st Century Assistive Technology Act.", "id": "id15D8CDE397E947179CA75BF630285F1B", "header": "Short title" }, { "text": "2. Reauthorization \nThe Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) is amended to read as follows: 1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. Grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds. 2. Purposes \nThe purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through comprehensive statewide programs of technology-related assistance, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among targeted individuals and entities and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions \nIn this Act: (1) Adult service program \nThe term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium \nThe term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology \nThe term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device \nThe term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service \nThe term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities \nThe term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance \nThe term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities that— (A) is implemented by a State; (B) is equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) incorporates all the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive \nThe term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability \nThe term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability \nThe term individual with a disability means any individual of any age, race, or ethnicity— (A) who has a disability; and (B) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (11) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services \nThe term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary \nThe term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living. (14) State \n(A) In general \nExcept as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas \nIn section 4(b): (i) Outlying area \nThe term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State \nThe term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program \nThe term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities \nThe term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact with, or provide services to, individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population \nThe term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, racial and ethnic minorities, low income individuals, homeless individuals (including children and youth), children in foster care, individuals with limited English proficiency, older individuals, or individuals living in rural areas. (18) Universal design \nThe term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 4. Grants for State assistive technology programs \n(a) Grants to States \nThe Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed— (1) to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance \n(1) In general \nFrom funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants \n(A) Base year \nExcept as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction \n(i) In general \nIf funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds \nIf, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under subparagraph (A). (C) Appropriation higher than base year amount \nFor a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount under subparagraph (A) and no greater than $40,000,000, the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clause (i), the Secretary shall— (I) from 50 percent of the portion, allot to each State an equal amount; and (II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $410,000 under clause (i) and this clause; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii), the Secretary shall— (I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and (II) from 20 percent of the remainder, allot to each State an equal amount. (D) Appropriation higher than threshold amount \nFor a fiscal year for which the amount of funds made available to carry out this section is $40,000,000 or greater, the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotment described in clause (i), allot to each outlying area an amount of such funds until each outlying area has received an allotment of exactly $150,000 under clause (i) and this clause; (iii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clauses (i) and (ii), the Secretary shall— (I) from 50 percent of the portion, allot to each State an equal amount; and (II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $450,000 under clause (i) and this clause; and (iv) from the remainder of the funds after the Secretary makes the allotments described in clause (iii), the Secretary shall— (I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and (II) from 20 percent of the remainder, allot to each State an equal amount. (3) Availability of funds \nAmounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. (c) Lead agency, implementing entity, and advisory council \n(1) Lead agency and implementing entity \n(A) Lead agency \n(i) In general \nThe Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties \nThe duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity \nThe Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity \n(i) In general \nOn obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the agency designated as the lead agency should not serve as that agency; and (II) the Governor may redesignate the implementing entity of a State, if the Governor shows to the Secretary in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction \nNothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council \n(A) In general \nThere shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation \n(i) Composition \nThe advisory council shall be composed of— (I) individuals with disabilities who use assistive technology, including older individuals, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VI) a representative of an alternative financing program for assistive technology if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; (VII) representatives of other State agencies, public agencies, or private organizations, as determined by the State; and (VIII) a representative of 1 or more of the following: (aa) The agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (bb) The designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ). (cc) The State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistance under such Act ( 42 U.S.C. 3001 et seq. ). (dd) An organization representing disabled veterans. (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ). (ff) The State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (gg) The State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (ii) Majority \n(I) In general \nNot less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), a majority of whom shall be individuals with disabilities. (II) Representatives of agencies \nMembers appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation \nThe advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses \nThe members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies \nNothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies that carry out State assistive technology programs. (d) Application \n(1) In general \nAny State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity \n(A) In general \nThe application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor of the State designates such an entity; and (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2). (B) Change in Lead Agency or Implementing Entity \nIn any case where— (i) the Governor requests to redesignate a lead agency, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the agency designated as the lead agency should not serve as that agency; or (ii) the Governor requests to redesignate an implementing entity, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the implementing entity should not serve as that entity. (3) State plan \nThe application under this subsection shall include a State plan for assistive technology consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services, including mental health and substance use disorder; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities \nThe application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances \nThe application shall include assurances that— (A) the State will annually collect data related to the required activities implemented by the State under this section in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary’s functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds \n(1) Required activities \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support \nA State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities \n(A) State financing activities \nThe State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs \nThe State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs \nThe State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations \n(i) In general \nThe State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information \nThe State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities \n(A) Training and technical assistance \n(i) In general \nThe State shall (directly or through the provision of support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities) develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, State vocational rehabilitation programs, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities \nIn carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals and transition-age youth with disabilities, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities \nThe State shall (directly or through the provision of support to public or private entities) develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; and (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities \n(i) In general \nThe State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals and transition-age youth with disabilities, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation programs, public and private employers, or elementary and secondary public schools; (II) the development and dissemination to targeted individuals, including older individuals and transition-age youth with disabilities, and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system \n(I) In general \nThe State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content \nThe system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration \nThe State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs \nNot more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding Rules \n(A) Prohibition \nFunds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration \nIn order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility \n(A) In general \nNotwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule \nNotwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition \nNotwithstanding other equipment disposition policy under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private nonprofit agency, or individual with a disability in need of such device. (f) Annual progress reports \n(1) Data collection \nEach State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports \n(A) In general \nEach State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B) at such time, and in such manner, as the Secretary may require. (B) Contents \nThe report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (which shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the number of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, percentage, and dollar amount of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or venders) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public awareness activities under subsection (e)(3)(B) with high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided. 5. Grants for protection and advocacy services related to assistive technology \n(a) Grants \n(1) In general \nThe Secretary shall make grants under subsection (b) to protection and advocacy systems in each State for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities \nIn providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution \n(1) Reservation \nFor each fiscal year, the Secretary shall reserve, from the amounts made available to carry out this section under section 9(b)(2)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis \nFrom the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums \nSubject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American Indian Consortium \n(A) In general \nThe Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants \nThe amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustments \nFor each fiscal year in which the total amount appropriated under section 9(b)(2)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment \nNotwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income \n(1) Carryover \nAny amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program Income \nProgram income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary \nAn entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies \nAn entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination \nOn making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Technical assistance and data collection support \n(a) Definitions \nIn this section: (1) Qualified data collection and reporting entity \nThe term qualified data collection and reporting entity means an entity with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider \nThe term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider \nThe term qualified training and technical assistance provider means an entity with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized \n(1) Support for assistive technology training and technical assistance \nFrom amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance \nFrom amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application \n(1) In general \nTo be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input \nIn awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities \n(1) Use of funds for assistive technology training and technical assistance \n(A) Training and technical assistance efforts \nA qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art Internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio or video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration \nIn developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance \nA qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). 7. Projects of national significance \n(a) Definition of project of national significance \nIn this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with disabilities to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) develop and expand partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to assist youth with disabilities (including youth with intellectual and developmental disabilities) to transition from school to adult life, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized \nIf funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application \nA public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis \n(1) Priority \nIn awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference \nFor each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is a reason to prioritize that category of project. (e) Minimum funding level required \nThe Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. 8. Administrative provisions \n(a) General administration \n(1) In general \nNotwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration \nThe Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration \n(A) In General \nIn administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will address— (i) the needs of individuals with all types of disabilities and across the lifespan; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitations \nFor each fiscal year, not more than 1/2 of 1 percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities \n(1) In general \nThe Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information \nTo assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions \n(1) Corrective action \nIf the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions \nIf the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to 1 of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures \nThe Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action \nAs part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification \nThe Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to Congress \n(1) In general \nNot later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, a report on the activities funded under this Act to improve the access of assistive technology devices and assistive technology services to individuals with disabilities. (2) Contents \nSuch report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction \nNothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance \nThis Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 9. Authorization of appropriations; reservations and distribution of funds \n(a) In general \nThere are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds \nOf the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and (2) of the amounts remaining after the reservation under paragraph (1)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance \nIn any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b)..", "id": "ida60d6874-725f-4e35-985d-84d410ef47b2", "header": "Reauthorization" }, { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. Grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds.", "id": "id9d408801-4501-4cc4-ad82-3ccf1c33176b", "header": "Short title; table of contents" }, { "text": "2. Purposes \nThe purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through comprehensive statewide programs of technology-related assistance, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among targeted individuals and entities and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services.", "id": "id67979BDF51BC49AFA6D45BD91DAC2E5D", "header": "Purposes" }, { "text": "3. Definitions \nIn this Act: (1) Adult service program \nThe term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium \nThe term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology \nThe term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device \nThe term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service \nThe term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities \nThe term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance \nThe term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities that— (A) is implemented by a State; (B) is equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) incorporates all the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive \nThe term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability \nThe term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability \nThe term individual with a disability means any individual of any age, race, or ethnicity— (A) who has a disability; and (B) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (11) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services \nThe term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary \nThe term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living. (14) State \n(A) In general \nExcept as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas \nIn section 4(b): (i) Outlying area \nThe term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State \nThe term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program \nThe term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities \nThe term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact with, or provide services to, individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population \nThe term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, racial and ethnic minorities, low income individuals, homeless individuals (including children and youth), children in foster care, individuals with limited English proficiency, older individuals, or individuals living in rural areas. (18) Universal design \nThe term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies.", "id": "idDEEC9ED2F06D4EFAB6C3CC05BE000379", "header": "Definitions" }, { "text": "4. Grants for State assistive technology programs \n(a) Grants to States \nThe Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed— (1) to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance \n(1) In general \nFrom funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants \n(A) Base year \nExcept as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction \n(i) In general \nIf funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds \nIf, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under subparagraph (A). (C) Appropriation higher than base year amount \nFor a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount under subparagraph (A) and no greater than $40,000,000, the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clause (i), the Secretary shall— (I) from 50 percent of the portion, allot to each State an equal amount; and (II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $410,000 under clause (i) and this clause; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii), the Secretary shall— (I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and (II) from 20 percent of the remainder, allot to each State an equal amount. (D) Appropriation higher than threshold amount \nFor a fiscal year for which the amount of funds made available to carry out this section is $40,000,000 or greater, the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotment described in clause (i), allot to each outlying area an amount of such funds until each outlying area has received an allotment of exactly $150,000 under clause (i) and this clause; (iii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clauses (i) and (ii), the Secretary shall— (I) from 50 percent of the portion, allot to each State an equal amount; and (II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $450,000 under clause (i) and this clause; and (iv) from the remainder of the funds after the Secretary makes the allotments described in clause (iii), the Secretary shall— (I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and (II) from 20 percent of the remainder, allot to each State an equal amount. (3) Availability of funds \nAmounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. (c) Lead agency, implementing entity, and advisory council \n(1) Lead agency and implementing entity \n(A) Lead agency \n(i) In general \nThe Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties \nThe duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity \nThe Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity \n(i) In general \nOn obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the agency designated as the lead agency should not serve as that agency; and (II) the Governor may redesignate the implementing entity of a State, if the Governor shows to the Secretary in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction \nNothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council \n(A) In general \nThere shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation \n(i) Composition \nThe advisory council shall be composed of— (I) individuals with disabilities who use assistive technology, including older individuals, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VI) a representative of an alternative financing program for assistive technology if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; (VII) representatives of other State agencies, public agencies, or private organizations, as determined by the State; and (VIII) a representative of 1 or more of the following: (aa) The agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (bb) The designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ). (cc) The State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistance under such Act ( 42 U.S.C. 3001 et seq. ). (dd) An organization representing disabled veterans. (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ). (ff) The State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (gg) The State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (ii) Majority \n(I) In general \nNot less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), a majority of whom shall be individuals with disabilities. (II) Representatives of agencies \nMembers appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation \nThe advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses \nThe members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies \nNothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies that carry out State assistive technology programs. (d) Application \n(1) In general \nAny State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity \n(A) In general \nThe application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor of the State designates such an entity; and (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2). (B) Change in Lead Agency or Implementing Entity \nIn any case where— (i) the Governor requests to redesignate a lead agency, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the agency designated as the lead agency should not serve as that agency; or (ii) the Governor requests to redesignate an implementing entity, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the implementing entity should not serve as that entity. (3) State plan \nThe application under this subsection shall include a State plan for assistive technology consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services, including mental health and substance use disorder; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities \nThe application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances \nThe application shall include assurances that— (A) the State will annually collect data related to the required activities implemented by the State under this section in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary’s functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds \n(1) Required activities \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support \nA State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities \n(A) State financing activities \nThe State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs \nThe State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs \nThe State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations \n(i) In general \nThe State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information \nThe State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities \n(A) Training and technical assistance \n(i) In general \nThe State shall (directly or through the provision of support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities) develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, State vocational rehabilitation programs, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities \nIn carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals and transition-age youth with disabilities, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities \nThe State shall (directly or through the provision of support to public or private entities) develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; and (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities \n(i) In general \nThe State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals and transition-age youth with disabilities, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation programs, public and private employers, or elementary and secondary public schools; (II) the development and dissemination to targeted individuals, including older individuals and transition-age youth with disabilities, and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system \n(I) In general \nThe State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content \nThe system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration \nThe State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs \nNot more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding Rules \n(A) Prohibition \nFunds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration \nIn order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility \n(A) In general \nNotwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule \nNotwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition \nNotwithstanding other equipment disposition policy under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private nonprofit agency, or individual with a disability in need of such device. (f) Annual progress reports \n(1) Data collection \nEach State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports \n(A) In general \nEach State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B) at such time, and in such manner, as the Secretary may require. (B) Contents \nThe report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (which shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the number of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, percentage, and dollar amount of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or venders) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public awareness activities under subsection (e)(3)(B) with high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided.", "id": "id88947ECD3AFC4EB88741B9215FFD3102", "header": "Grants for State assistive technology programs" }, { "text": "5. Grants for protection and advocacy services related to assistive technology \n(a) Grants \n(1) In general \nThe Secretary shall make grants under subsection (b) to protection and advocacy systems in each State for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities \nIn providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution \n(1) Reservation \nFor each fiscal year, the Secretary shall reserve, from the amounts made available to carry out this section under section 9(b)(2)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis \nFrom the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums \nSubject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American Indian Consortium \n(A) In general \nThe Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants \nThe amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustments \nFor each fiscal year in which the total amount appropriated under section 9(b)(2)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment \nNotwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income \n(1) Carryover \nAny amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program Income \nProgram income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary \nAn entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies \nAn entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination \nOn making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section.", "id": "idB4A2731CAFDA41058FEE1043BE4460A4", "header": "Grants for protection and advocacy services related to assistive technology" }, { "text": "6. Technical assistance and data collection support \n(a) Definitions \nIn this section: (1) Qualified data collection and reporting entity \nThe term qualified data collection and reporting entity means an entity with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider \nThe term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider \nThe term qualified training and technical assistance provider means an entity with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized \n(1) Support for assistive technology training and technical assistance \nFrom amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance \nFrom amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application \n(1) In general \nTo be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input \nIn awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities \n(1) Use of funds for assistive technology training and technical assistance \n(A) Training and technical assistance efforts \nA qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art Internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio or video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration \nIn developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance \nA qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2).", "id": "idDD5140AAE5564CE585277AF98667CC1A", "header": "Technical assistance and data collection support" }, { "text": "7. Projects of national significance \n(a) Definition of project of national significance \nIn this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with disabilities to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) develop and expand partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to assist youth with disabilities (including youth with intellectual and developmental disabilities) to transition from school to adult life, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized \nIf funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application \nA public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis \n(1) Priority \nIn awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference \nFor each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is a reason to prioritize that category of project. (e) Minimum funding level required \nThe Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000.", "id": "id03F06D5D2F534FF3925A3AB75B9AFA5E", "header": "Projects of national significance" }, { "text": "8. Administrative provisions \n(a) General administration \n(1) In general \nNotwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration \nThe Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration \n(A) In General \nIn administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will address— (i) the needs of individuals with all types of disabilities and across the lifespan; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitations \nFor each fiscal year, not more than 1/2 of 1 percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities \n(1) In general \nThe Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information \nTo assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions \n(1) Corrective action \nIf the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions \nIf the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to 1 of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures \nThe Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action \nAs part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification \nThe Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to Congress \n(1) In general \nNot later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, a report on the activities funded under this Act to improve the access of assistive technology devices and assistive technology services to individuals with disabilities. (2) Contents \nSuch report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction \nNothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance \nThis Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law.", "id": "id47E62E3103034E4BBDC8A9DFB481B42A", "header": "Administrative provisions" }, { "text": "9. Authorization of appropriations; reservations and distribution of funds \n(a) In general \nThere are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds \nOf the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and (2) of the amounts remaining after the reservation under paragraph (1)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance \nIn any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b).", "id": "idB77183E423274BD2B86A2D19C828D1CB", "header": "Authorization of appropriations; reservations and distribution of funds" }, { "text": "3. Effective date \nThis Act, and the amendments made by this Act, shall take effect on the day that is 6 months after the date of enactment of this Act.", "id": "id5BE4C34C2DC34033988DAA98684B5B54", "header": "Effective date" } ]
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1. Short title This Act may be cited as the 21st Century Assistive Technology Act. 2. Reauthorization The Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) is amended to read as follows: 1. Short title; table of contents (a) Short title This Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. State grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds. 2. Findings and purposes (a) Findings Congress finds the following: (1) Over 54,000,000 individuals in the United States have disabilities, with almost half experiencing severe disabilities that affect their ability to see, hear, communicate, reason, walk, or perform other basic life functions. (2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue competitive, integrated employment; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (3) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (4) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living. (6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. This partnership between the Federal Government and the States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages meet their assistive technology needs. (7) Despite the success of the Federal-State partnership in providing access to assistive technology devices and assistive technology services, there is a continued need to provide information and legally based advocacy about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society. (8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )), accessibility provisions of the Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. ), and the amendments made to the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) by the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425) and the rapid and unending evolution of technology require a Federal-State investment in State assistive technology programs, as well as an investment in protection and advocacy systems, to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities. (b) Purposes The purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families, older individuals and their families, and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions In this Act: (1) Adult service program The term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium The term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology The term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device The term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service The term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities The term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance The term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities— (A) implemented by a State; (B) equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) that incorporates all of the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive The term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability The term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability; individuals with disabilities (A) Individual with a disability The term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities The term individuals with disabilities means more than 1 individual with a disability. (11) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services The term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. (14) State (A) In general Except as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas In section 4(b): (i) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State The term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program The term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities The term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact, or provide services to, with individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population The term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, individuals who are minorities, individuals with a total family income that is below the poverty line (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), individuals with limited English proficiency, older individuals, or individuals from rural areas. (18) Universal design The term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 4. Grants for State assistive technology programs (a) Grants to States The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance (1) In general From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants (A) Base year Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction (i) In general If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under this paragraph. (C) Higher appropriation years For a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph (A), the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotments described in clause (i), allot to each State or outlying area an equal amount of such funds, until each State has received an allotment under clause (i) and this clause of not less than $550,000, and each outlying area has received an allotment of $167,500; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii)— (I) from 50 percent of the remainder allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; and (II) from 50 percent of the remainder, allot to each State an equal amount. (3) Availability of funds Amounts made available for an award year under this section shall be available for the award year and the year following the award year. (c) Lead agency, implementing entity, and advisory council (1) Lead agency and implementing entity (A) Lead agency (i) In general The Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties The duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity The Governor or lead agency may designate an agency, office, or other entity to carry out all State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity (i) In general On obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the entity designated as the lead agency should not serve as that agency; and (II) the Governor or the lead agency may redesignate the implementing entity of a State, if the Governor or lead agency shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction Nothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council (A) In general There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation (i) Composition The advisory council shall be composed of— (I) individuals with disabilities that use assistive technology, including individuals over 50 years of age, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of 1 or more of the following: (aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ); (cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistant under such Act ( 42 U.S.C. 3001 et seq. ); (dd) an organization representing injured veterans; (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ); (ff) the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); or (gg) the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ); (VI) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VII) a representative of an alternative financing program for assistive technology, if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; and (VIII) representatives of other State agencies, public agencies, or private organizations, as determined by the State. (ii) Majority (I) In general Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), in a manner that ensures— (aa) not less than 31 percent of the members of the advisory council are individuals with disabilities described in such clause; and (bb) not more than 20 percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause. (II) Representatives of agencies Members appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation The advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses The members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies Nothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies who carry out State assistive technology programs. (d) Application (1) In general Any State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity (A) In general The application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor or lead agency of the State designates such an entity; (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2); and (iv) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council. (B) Change in lead agency or implementing agency In any case where the Governor or lead agency requests to redesignate a lead agency or implementing entity, as the case may be, the Governor or lead agency shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the lead agency or implementing entity, as the case may be, should not serve as that agency or entity. (3) State plan The application under this subsection shall include a State plan for assistive technology, consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved, in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities The application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances The application shall include assurances that— (A) the State will annually collect data related to all activities described in paragraph (3)(A), including activities funded by State or non-Federal sources under subsection (e)(1)(B), in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 20 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds (1) Required activities (A) In general Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all of the activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support A State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities (A) State financing activities The State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations (i) In general The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities (A) Training and technical assistance (i) In general The State shall directly, or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities to, develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities In carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities The State shall directly, or provide support to public or private entities to, develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; or (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities (i) In general The State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; (II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system (I) In general The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs Not more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding rules (A) Prohibition Funds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration In order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility (A) In general Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition Notwithstanding other equipment disposition policies under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private non-profit agency, or individual with a disability in need of such device. (f) Annual progress reports (1) Data collection Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports (A) In general Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B), at such time, and in such manner, as the Secretary may require. (B) Contents The report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (who shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the numbers of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, and dollar amount, of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or vendors) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public-awareness activities under subsection (e)(3)(B) with a high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided. 5. State grants for protection and advocacy services related to assistive technology (a) Grants (1) In general From amounts made available to carry out this section, the Secretary shall make grants, through allotments under subsection (b), to protection and advocacy systems for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities In providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution (1) Reservation For each fiscal year, the Secretary shall reserve, from amounts made available to carry out this section under section 9(b)(3)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis From the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American indian consortium (A) In general The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants The amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustment For each fiscal year in which the total amount appropriated under section 9(b)(3)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income (1) Carryover Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program income Program income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Technical assistance and data collection support (a) Definitions In this section: (1) Qualified data collection and reporting entity The term qualified data collection and reporting entity means a national nonprofit organization with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider The term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider The term qualified training and technical assistance provider means a national nonprofit organization with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized (1) Support for assistive technology training and technical assistance From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance From amounts made available under section 9(b)(2), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application (1) In general To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input In awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities (1) Use of funds for assistive technology training and technical assistance (A) Training and technical assistance efforts A qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance A qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). 7. Projects of national significance (a) Definition of project of national significance In this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with a spectrum of ability to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) build partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to transition youth who are individuals with disabilities from school to adult life, including youth with intellectual and developmental disabilities, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs, or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis (1) Priority In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference For each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is reason to prioritize that category of project. (e) Minimum funding level required The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. 8. Administrative provisions (a) General administration (1) In general Notwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration (A) In general In administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will equitably address— (i) the needs of individuals with all types of disabilities and across the age span; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitation For each fiscal year, not more than one-half of one percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities (1) In general The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions (1) Corrective action If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures The Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification The Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to congress (1) In general Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents Such report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 9. Authorization of appropriations; reservations and distribution of funds (a) In general There are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 2 percent of such available funds to carry out section 6(b)(1), of which— (A) an amount equal to 88.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(A); and (B) an amount equal to 14.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(B); (2) reserve an amount equal to 1 percent of such available funds appropriated to carry out section 6(b)(2); and (3) of the amounts remaining after the reservations under paragraphs (1) and (2)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000, the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b).. 1. Short title; table of contents (a) Short title This Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. State grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds. 2. Findings and purposes (a) Findings Congress finds the following: (1) Over 54,000,000 individuals in the United States have disabilities, with almost half experiencing severe disabilities that affect their ability to see, hear, communicate, reason, walk, or perform other basic life functions. (2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue competitive, integrated employment; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (3) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (4) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living. (6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. This partnership between the Federal Government and the States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages meet their assistive technology needs. (7) Despite the success of the Federal-State partnership in providing access to assistive technology devices and assistive technology services, there is a continued need to provide information and legally based advocacy about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society. (8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )), accessibility provisions of the Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. ), and the amendments made to the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) by the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425) and the rapid and unending evolution of technology require a Federal-State investment in State assistive technology programs, as well as an investment in protection and advocacy systems, to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities. (b) Purposes The purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families, older individuals and their families, and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions In this Act: (1) Adult service program The term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium The term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology The term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device The term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service The term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities The term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance The term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities— (A) implemented by a State; (B) equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) that incorporates all of the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive The term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability The term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability; individuals with disabilities (A) Individual with a disability The term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities The term individuals with disabilities means more than 1 individual with a disability. (11) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services The term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. (14) State (A) In general Except as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas In section 4(b): (i) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State The term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program The term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities The term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact, or provide services to, with individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population The term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, individuals who are minorities, individuals with a total family income that is below the poverty line (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), individuals with limited English proficiency, older individuals, or individuals from rural areas. (18) Universal design The term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 4. Grants for State assistive technology programs (a) Grants to States The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance (1) In general From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants (A) Base year Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction (i) In general If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under this paragraph. (C) Higher appropriation years For a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph (A), the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotments described in clause (i), allot to each State or outlying area an equal amount of such funds, until each State has received an allotment under clause (i) and this clause of not less than $550,000, and each outlying area has received an allotment of $167,500; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii)— (I) from 50 percent of the remainder allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; and (II) from 50 percent of the remainder, allot to each State an equal amount. (3) Availability of funds Amounts made available for an award year under this section shall be available for the award year and the year following the award year. (c) Lead agency, implementing entity, and advisory council (1) Lead agency and implementing entity (A) Lead agency (i) In general The Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties The duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity The Governor or lead agency may designate an agency, office, or other entity to carry out all State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity (i) In general On obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the entity designated as the lead agency should not serve as that agency; and (II) the Governor or the lead agency may redesignate the implementing entity of a State, if the Governor or lead agency shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction Nothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council (A) In general There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation (i) Composition The advisory council shall be composed of— (I) individuals with disabilities that use assistive technology, including individuals over 50 years of age, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of 1 or more of the following: (aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ); (cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistant under such Act ( 42 U.S.C. 3001 et seq. ); (dd) an organization representing injured veterans; (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ); (ff) the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); or (gg) the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ); (VI) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VII) a representative of an alternative financing program for assistive technology, if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; and (VIII) representatives of other State agencies, public agencies, or private organizations, as determined by the State. (ii) Majority (I) In general Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), in a manner that ensures— (aa) not less than 31 percent of the members of the advisory council are individuals with disabilities described in such clause; and (bb) not more than 20 percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause. (II) Representatives of agencies Members appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation The advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses The members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies Nothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies who carry out State assistive technology programs. (d) Application (1) In general Any State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity (A) In general The application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor or lead agency of the State designates such an entity; (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2); and (iv) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council. (B) Change in lead agency or implementing agency In any case where the Governor or lead agency requests to redesignate a lead agency or implementing entity, as the case may be, the Governor or lead agency shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the lead agency or implementing entity, as the case may be, should not serve as that agency or entity. (3) State plan The application under this subsection shall include a State plan for assistive technology, consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved, in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities The application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances The application shall include assurances that— (A) the State will annually collect data related to all activities described in paragraph (3)(A), including activities funded by State or non-Federal sources under subsection (e)(1)(B), in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 20 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds (1) Required activities (A) In general Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all of the activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support A State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities (A) State financing activities The State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations (i) In general The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities (A) Training and technical assistance (i) In general The State shall directly, or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities to, develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities In carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities The State shall directly, or provide support to public or private entities to, develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; or (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities (i) In general The State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; (II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system (I) In general The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs Not more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding rules (A) Prohibition Funds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration In order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility (A) In general Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition Notwithstanding other equipment disposition policies under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private non-profit agency, or individual with a disability in need of such device. (f) Annual progress reports (1) Data collection Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports (A) In general Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B), at such time, and in such manner, as the Secretary may require. (B) Contents The report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (who shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the numbers of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, and dollar amount, of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or vendors) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public-awareness activities under subsection (e)(3)(B) with a high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided. 5. State grants for protection and advocacy services related to assistive technology (a) Grants (1) In general From amounts made available to carry out this section, the Secretary shall make grants, through allotments under subsection (b), to protection and advocacy systems for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities In providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution (1) Reservation For each fiscal year, the Secretary shall reserve, from amounts made available to carry out this section under section 9(b)(3)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis From the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American indian consortium (A) In general The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants The amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustment For each fiscal year in which the total amount appropriated under section 9(b)(3)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income (1) Carryover Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program income Program income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Technical assistance and data collection support (a) Definitions In this section: (1) Qualified data collection and reporting entity The term qualified data collection and reporting entity means a national nonprofit organization with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider The term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider The term qualified training and technical assistance provider means a national nonprofit organization with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized (1) Support for assistive technology training and technical assistance From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance From amounts made available under section 9(b)(2), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application (1) In general To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input In awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities (1) Use of funds for assistive technology training and technical assistance (A) Training and technical assistance efforts A qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance A qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). 7. Projects of national significance (a) Definition of project of national significance In this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with a spectrum of ability to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) build partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to transition youth who are individuals with disabilities from school to adult life, including youth with intellectual and developmental disabilities, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs, or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis (1) Priority In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference For each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is reason to prioritize that category of project. (e) Minimum funding level required The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. 8. Administrative provisions (a) General administration (1) In general Notwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration (A) In general In administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will equitably address— (i) the needs of individuals with all types of disabilities and across the age span; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitation For each fiscal year, not more than one-half of one percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities (1) In general The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions (1) Corrective action If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures The Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification The Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to congress (1) In general Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents Such report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 9. Authorization of appropriations; reservations and distribution of funds (a) In general There are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 2 percent of such available funds to carry out section 6(b)(1), of which— (A) an amount equal to 88.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(A); and (B) an amount equal to 14.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(B); (2) reserve an amount equal to 1 percent of such available funds appropriated to carry out section 6(b)(2); and (3) of the amounts remaining after the reservations under paragraphs (1) and (2)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000, the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b). 3. Effective date This Act, and the amendments made by this Act, shall take effect on the day that is six months after the date of enactment of this Act. 1. Short title This Act may be cited as the 21st Century Assistive Technology Act. 2. Reauthorization The Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) is amended to read as follows: 1. Short title; table of contents (a) Short title This Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. Grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds. 2. Purposes The purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through comprehensive statewide programs of technology-related assistance, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among targeted individuals and entities and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions In this Act: (1) Adult service program The term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium The term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology The term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device The term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service The term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities The term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance The term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities that— (A) is implemented by a State; (B) is equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) incorporates all the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive The term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability The term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability The term individual with a disability means any individual of any age, race, or ethnicity— (A) who has a disability; and (B) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (11) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services The term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living. (14) State (A) In general Except as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas In section 4(b): (i) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State The term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program The term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities The term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact with, or provide services to, individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population The term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, racial and ethnic minorities, low income individuals, homeless individuals (including children and youth), children in foster care, individuals with limited English proficiency, older individuals, or individuals living in rural areas. (18) Universal design The term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 4. Grants for State assistive technology programs (a) Grants to States The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed— (1) to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance (1) In general From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants (A) Base year Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction (i) In general If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under subparagraph (A). (C) Appropriation higher than base year amount For a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount under subparagraph (A) and no greater than $40,000,000, the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clause (i), the Secretary shall— (I) from 50 percent of the portion, allot to each State an equal amount; and (II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $410,000 under clause (i) and this clause; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii), the Secretary shall— (I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and (II) from 20 percent of the remainder, allot to each State an equal amount. (D) Appropriation higher than threshold amount For a fiscal year for which the amount of funds made available to carry out this section is $40,000,000 or greater, the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotment described in clause (i), allot to each outlying area an amount of such funds until each outlying area has received an allotment of exactly $150,000 under clause (i) and this clause; (iii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clauses (i) and (ii), the Secretary shall— (I) from 50 percent of the portion, allot to each State an equal amount; and (II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $450,000 under clause (i) and this clause; and (iv) from the remainder of the funds after the Secretary makes the allotments described in clause (iii), the Secretary shall— (I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and (II) from 20 percent of the remainder, allot to each State an equal amount. (3) Availability of funds Amounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. (c) Lead agency, implementing entity, and advisory council (1) Lead agency and implementing entity (A) Lead agency (i) In general The Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties The duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity (i) In general On obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the agency designated as the lead agency should not serve as that agency; and (II) the Governor may redesignate the implementing entity of a State, if the Governor shows to the Secretary in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction Nothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council (A) In general There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation (i) Composition The advisory council shall be composed of— (I) individuals with disabilities who use assistive technology, including older individuals, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VI) a representative of an alternative financing program for assistive technology if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; (VII) representatives of other State agencies, public agencies, or private organizations, as determined by the State; and (VIII) a representative of 1 or more of the following: (aa) The agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (bb) The designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ). (cc) The State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistance under such Act ( 42 U.S.C. 3001 et seq. ). (dd) An organization representing disabled veterans. (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ). (ff) The State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (gg) The State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (ii) Majority (I) In general Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), a majority of whom shall be individuals with disabilities. (II) Representatives of agencies Members appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation The advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses The members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies Nothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies that carry out State assistive technology programs. (d) Application (1) In general Any State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity (A) In general The application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor of the State designates such an entity; and (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2). (B) Change in Lead Agency or Implementing Entity In any case where— (i) the Governor requests to redesignate a lead agency, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the agency designated as the lead agency should not serve as that agency; or (ii) the Governor requests to redesignate an implementing entity, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the implementing entity should not serve as that entity. (3) State plan The application under this subsection shall include a State plan for assistive technology consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services, including mental health and substance use disorder; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities The application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances The application shall include assurances that— (A) the State will annually collect data related to the required activities implemented by the State under this section in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary’s functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds (1) Required activities (A) In general Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support A State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities (A) State financing activities The State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations (i) In general The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities (A) Training and technical assistance (i) In general The State shall (directly or through the provision of support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities) develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, State vocational rehabilitation programs, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities In carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals and transition-age youth with disabilities, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities The State shall (directly or through the provision of support to public or private entities) develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; and (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities (i) In general The State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals and transition-age youth with disabilities, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation programs, public and private employers, or elementary and secondary public schools; (II) the development and dissemination to targeted individuals, including older individuals and transition-age youth with disabilities, and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system (I) In general The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs Not more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding Rules (A) Prohibition Funds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration In order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility (A) In general Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition Notwithstanding other equipment disposition policy under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private nonprofit agency, or individual with a disability in need of such device. (f) Annual progress reports (1) Data collection Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports (A) In general Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B) at such time, and in such manner, as the Secretary may require. (B) Contents The report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (which shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the number of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, percentage, and dollar amount of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or venders) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public awareness activities under subsection (e)(3)(B) with high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided. 5. Grants for protection and advocacy services related to assistive technology (a) Grants (1) In general The Secretary shall make grants under subsection (b) to protection and advocacy systems in each State for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities In providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution (1) Reservation For each fiscal year, the Secretary shall reserve, from the amounts made available to carry out this section under section 9(b)(2)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis From the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American Indian Consortium (A) In general The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants The amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustments For each fiscal year in which the total amount appropriated under section 9(b)(2)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income (1) Carryover Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program Income Program income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Technical assistance and data collection support (a) Definitions In this section: (1) Qualified data collection and reporting entity The term qualified data collection and reporting entity means an entity with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider The term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider The term qualified training and technical assistance provider means an entity with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized (1) Support for assistive technology training and technical assistance From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application (1) In general To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input In awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities (1) Use of funds for assistive technology training and technical assistance (A) Training and technical assistance efforts A qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art Internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio or video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance A qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). 7. Projects of national significance (a) Definition of project of national significance In this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with disabilities to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) develop and expand partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to assist youth with disabilities (including youth with intellectual and developmental disabilities) to transition from school to adult life, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis (1) Priority In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference For each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is a reason to prioritize that category of project. (e) Minimum funding level required The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. 8. Administrative provisions (a) General administration (1) In general Notwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration (A) In General In administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will address— (i) the needs of individuals with all types of disabilities and across the lifespan; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitations For each fiscal year, not more than 1/2 of 1 percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities (1) In general The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions (1) Corrective action If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to 1 of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures The Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification The Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to Congress (1) In general Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, a report on the activities funded under this Act to improve the access of assistive technology devices and assistive technology services to individuals with disabilities. (2) Contents Such report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 9. Authorization of appropriations; reservations and distribution of funds (a) In general There are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and (2) of the amounts remaining after the reservation under paragraph (1)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b).. 1. Short title; table of contents (a) Short title This Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. Grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds. 2. Purposes The purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through comprehensive statewide programs of technology-related assistance, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among targeted individuals and entities and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions In this Act: (1) Adult service program The term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium The term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology The term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device The term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service The term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities The term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance The term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities that— (A) is implemented by a State; (B) is equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) incorporates all the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive The term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability The term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability The term individual with a disability means any individual of any age, race, or ethnicity— (A) who has a disability; and (B) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (11) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services The term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living. (14) State (A) In general Except as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas In section 4(b): (i) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State The term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program The term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities The term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact with, or provide services to, individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population The term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, racial and ethnic minorities, low income individuals, homeless individuals (including children and youth), children in foster care, individuals with limited English proficiency, older individuals, or individuals living in rural areas. (18) Universal design The term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 4. Grants for State assistive technology programs (a) Grants to States The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed— (1) to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance (1) In general From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants (A) Base year Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction (i) In general If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under subparagraph (A). (C) Appropriation higher than base year amount For a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount under subparagraph (A) and no greater than $40,000,000, the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clause (i), the Secretary shall— (I) from 50 percent of the portion, allot to each State an equal amount; and (II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $410,000 under clause (i) and this clause; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii), the Secretary shall— (I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and (II) from 20 percent of the remainder, allot to each State an equal amount. (D) Appropriation higher than threshold amount For a fiscal year for which the amount of funds made available to carry out this section is $40,000,000 or greater, the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotment described in clause (i), allot to each outlying area an amount of such funds until each outlying area has received an allotment of exactly $150,000 under clause (i) and this clause; (iii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clauses (i) and (ii), the Secretary shall— (I) from 50 percent of the portion, allot to each State an equal amount; and (II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $450,000 under clause (i) and this clause; and (iv) from the remainder of the funds after the Secretary makes the allotments described in clause (iii), the Secretary shall— (I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and (II) from 20 percent of the remainder, allot to each State an equal amount. (3) Availability of funds Amounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. (c) Lead agency, implementing entity, and advisory council (1) Lead agency and implementing entity (A) Lead agency (i) In general The Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties The duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity (i) In general On obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the agency designated as the lead agency should not serve as that agency; and (II) the Governor may redesignate the implementing entity of a State, if the Governor shows to the Secretary in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction Nothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council (A) In general There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation (i) Composition The advisory council shall be composed of— (I) individuals with disabilities who use assistive technology, including older individuals, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VI) a representative of an alternative financing program for assistive technology if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; (VII) representatives of other State agencies, public agencies, or private organizations, as determined by the State; and (VIII) a representative of 1 or more of the following: (aa) The agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (bb) The designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ). (cc) The State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistance under such Act ( 42 U.S.C. 3001 et seq. ). (dd) An organization representing disabled veterans. (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ). (ff) The State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (gg) The State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (ii) Majority (I) In general Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), a majority of whom shall be individuals with disabilities. (II) Representatives of agencies Members appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation The advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses The members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies Nothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies that carry out State assistive technology programs. (d) Application (1) In general Any State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity (A) In general The application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor of the State designates such an entity; and (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2). (B) Change in Lead Agency or Implementing Entity In any case where— (i) the Governor requests to redesignate a lead agency, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the agency designated as the lead agency should not serve as that agency; or (ii) the Governor requests to redesignate an implementing entity, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the implementing entity should not serve as that entity. (3) State plan The application under this subsection shall include a State plan for assistive technology consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services, including mental health and substance use disorder; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities The application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances The application shall include assurances that— (A) the State will annually collect data related to the required activities implemented by the State under this section in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary’s functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds (1) Required activities (A) In general Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support A State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities (A) State financing activities The State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations (i) In general The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities (A) Training and technical assistance (i) In general The State shall (directly or through the provision of support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities) develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, State vocational rehabilitation programs, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities In carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals and transition-age youth with disabilities, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities The State shall (directly or through the provision of support to public or private entities) develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; and (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities (i) In general The State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals and transition-age youth with disabilities, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation programs, public and private employers, or elementary and secondary public schools; (II) the development and dissemination to targeted individuals, including older individuals and transition-age youth with disabilities, and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system (I) In general The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs Not more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding Rules (A) Prohibition Funds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration In order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility (A) In general Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition Notwithstanding other equipment disposition policy under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private nonprofit agency, or individual with a disability in need of such device. (f) Annual progress reports (1) Data collection Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports (A) In general Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B) at such time, and in such manner, as the Secretary may require. (B) Contents The report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (which shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the number of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, percentage, and dollar amount of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or venders) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public awareness activities under subsection (e)(3)(B) with high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided. 5. Grants for protection and advocacy services related to assistive technology (a) Grants (1) In general The Secretary shall make grants under subsection (b) to protection and advocacy systems in each State for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities In providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution (1) Reservation For each fiscal year, the Secretary shall reserve, from the amounts made available to carry out this section under section 9(b)(2)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis From the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American Indian Consortium (A) In general The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants The amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustments For each fiscal year in which the total amount appropriated under section 9(b)(2)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income (1) Carryover Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program Income Program income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Technical assistance and data collection support (a) Definitions In this section: (1) Qualified data collection and reporting entity The term qualified data collection and reporting entity means an entity with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider The term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider The term qualified training and technical assistance provider means an entity with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized (1) Support for assistive technology training and technical assistance From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application (1) In general To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input In awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities (1) Use of funds for assistive technology training and technical assistance (A) Training and technical assistance efforts A qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art Internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio or video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance A qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). 7. Projects of national significance (a) Definition of project of national significance In this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with disabilities to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) develop and expand partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to assist youth with disabilities (including youth with intellectual and developmental disabilities) to transition from school to adult life, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis (1) Priority In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference For each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is a reason to prioritize that category of project. (e) Minimum funding level required The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. 8. Administrative provisions (a) General administration (1) In general Notwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration (A) In General In administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will address— (i) the needs of individuals with all types of disabilities and across the lifespan; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitations For each fiscal year, not more than 1/2 of 1 percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities (1) In general The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions (1) Corrective action If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to 1 of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures The Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification The Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to Congress (1) In general Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, a report on the activities funded under this Act to improve the access of assistive technology devices and assistive technology services to individuals with disabilities. (2) Contents Such report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 9. Authorization of appropriations; reservations and distribution of funds (a) In general There are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and (2) of the amounts remaining after the reservation under paragraph (1)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b). 3. Effective date This Act, and the amendments made by this Act, shall take effect on the day that is 6 months after the date of enactment of this Act.
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To reauthorize the Assistive Technology Act of 1998, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the 21st Century Assistive Technology Act.", "id": "S1", "header": "Short title" }, { "text": "2. Reauthorization \nThe Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) is amended to read as follows: 1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. State grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds. 2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) Over 54,000,000 individuals in the United States have disabilities, with almost half experiencing severe disabilities that affect their ability to see, hear, communicate, reason, walk, or perform other basic life functions. (2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue competitive, integrated employment; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (3) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (4) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living. (6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. This partnership between the Federal Government and the States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages meet their assistive technology needs. (7) Despite the success of the Federal-State partnership in providing access to assistive technology devices and assistive technology services, there is a continued need to provide information and legally based advocacy about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society. (8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )), accessibility provisions of the Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. ), and the amendments made to the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) by the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425) and the rapid and unending evolution of technology require a Federal-State investment in State assistive technology programs, as well as an investment in protection and advocacy systems, to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities. (b) Purposes \nThe purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families, older individuals and their families, and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions \nIn this Act: (1) Adult service program \nThe term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium \nThe term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology \nThe term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device \nThe term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service \nThe term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities \nThe term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance \nThe term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities— (A) implemented by a State; (B) equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) that incorporates all of the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive \nThe term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability \nThe term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability; individuals with disabilities \n(A) Individual with a disability \nThe term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities \nThe term individuals with disabilities means more than 1 individual with a disability. (11) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services \nThe term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary \nThe term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. (14) State \n(A) In general \nExcept as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas \nIn section 4(b): (i) Outlying area \nThe term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State \nThe term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program \nThe term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities \nThe term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact, or provide services to, with individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population \nThe term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, individuals who are minorities, individuals with a total family income that is below the poverty line (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), individuals with limited English proficiency, older individuals, or individuals from rural areas. (18) Universal design \nThe term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 4. Grants for State assistive technology programs \n(a) Grants to States \nThe Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance \n(1) In general \nFrom funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants \n(A) Base year \nExcept as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction \n(i) In general \nIf funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds \nIf, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under this paragraph. (C) Higher appropriation years \nFor a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph (A), the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotments described in clause (i), allot to each State or outlying area an equal amount of such funds, until each State has received an allotment under clause (i) and this clause of not less than $550,000, and each outlying area has received an allotment of $167,500; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii)— (I) from 50 percent of the remainder allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; and (II) from 50 percent of the remainder, allot to each State an equal amount. (3) Availability of funds \nAmounts made available for an award year under this section shall be available for the award year and the year following the award year. (c) Lead agency, implementing entity, and advisory council \n(1) Lead agency and implementing entity \n(A) Lead agency \n(i) In general \nThe Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties \nThe duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity \nThe Governor or lead agency may designate an agency, office, or other entity to carry out all State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity \n(i) In general \nOn obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the entity designated as the lead agency should not serve as that agency; and (II) the Governor or the lead agency may redesignate the implementing entity of a State, if the Governor or lead agency shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction \nNothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council \n(A) In general \nThere shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation \n(i) Composition \nThe advisory council shall be composed of— (I) individuals with disabilities that use assistive technology, including individuals over 50 years of age, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of 1 or more of the following: (aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ); (cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistant under such Act ( 42 U.S.C. 3001 et seq. ); (dd) an organization representing injured veterans; (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ); (ff) the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); or (gg) the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ); (VI) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VII) a representative of an alternative financing program for assistive technology, if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; and (VIII) representatives of other State agencies, public agencies, or private organizations, as determined by the State. (ii) Majority \n(I) In general \nNot less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), in a manner that ensures— (aa) not less than 31 percent of the members of the advisory council are individuals with disabilities described in such clause; and (bb) not more than 20 percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause. (II) Representatives of agencies \nMembers appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation \nThe advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses \nThe members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies \nNothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies who carry out State assistive technology programs. (d) Application \n(1) In general \nAny State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity \n(A) In general \nThe application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor or lead agency of the State designates such an entity; (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2); and (iv) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council. (B) Change in lead agency or implementing agency \nIn any case where the Governor or lead agency requests to redesignate a lead agency or implementing entity, as the case may be, the Governor or lead agency shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the lead agency or implementing entity, as the case may be, should not serve as that agency or entity. (3) State plan \nThe application under this subsection shall include a State plan for assistive technology, consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved, in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities \nThe application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances \nThe application shall include assurances that— (A) the State will annually collect data related to all activities described in paragraph (3)(A), including activities funded by State or non-Federal sources under subsection (e)(1)(B), in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 20 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds \n(1) Required activities \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all of the activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support \nA State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities \n(A) State financing activities \nThe State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs \nThe State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs \nThe State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations \n(i) In general \nThe State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information \nThe State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities \n(A) Training and technical assistance \n(i) In general \nThe State shall directly, or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities to, develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities \nIn carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities \nThe State shall directly, or provide support to public or private entities to, develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; or (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities \n(i) In general \nThe State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; (II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system \n(I) In general \nThe State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content \nThe system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration \nThe State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs \nNot more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding rules \n(A) Prohibition \nFunds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration \nIn order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility \n(A) In general \nNotwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule \nNotwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition \nNotwithstanding other equipment disposition policies under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private non-profit agency, or individual with a disability in need of such device. (f) Annual progress reports \n(1) Data collection \nEach State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports \n(A) In general \nEach State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B), at such time, and in such manner, as the Secretary may require. (B) Contents \nThe report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (who shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the numbers of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, and dollar amount, of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or vendors) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public-awareness activities under subsection (e)(3)(B) with a high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided. 5. State grants for protection and advocacy services related to assistive technology \n(a) Grants \n(1) In general \nFrom amounts made available to carry out this section, the Secretary shall make grants, through allotments under subsection (b), to protection and advocacy systems for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities \nIn providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution \n(1) Reservation \nFor each fiscal year, the Secretary shall reserve, from amounts made available to carry out this section under section 9(b)(3)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis \nFrom the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums \nSubject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American indian consortium \n(A) In general \nThe Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants \nThe amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustment \nFor each fiscal year in which the total amount appropriated under section 9(b)(3)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment \nNotwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income \n(1) Carryover \nAny amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program income \nProgram income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary \nAn entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies \nAn entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination \nOn making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Technical assistance and data collection support \n(a) Definitions \nIn this section: (1) Qualified data collection and reporting entity \nThe term qualified data collection and reporting entity means a national nonprofit organization with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider \nThe term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider \nThe term qualified training and technical assistance provider means a national nonprofit organization with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized \n(1) Support for assistive technology training and technical assistance \nFrom amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance \nFrom amounts made available under section 9(b)(2), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application \n(1) In general \nTo be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input \nIn awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities \n(1) Use of funds for assistive technology training and technical assistance \n(A) Training and technical assistance efforts \nA qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration \nIn developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance \nA qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). 7. Projects of national significance \n(a) Definition of project of national significance \nIn this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with a spectrum of ability to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) build partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to transition youth who are individuals with disabilities from school to adult life, including youth with intellectual and developmental disabilities, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs, or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized \nIf funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application \nA public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis \n(1) Priority \nIn awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference \nFor each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is reason to prioritize that category of project. (e) Minimum funding level required \nThe Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. 8. Administrative provisions \n(a) General administration \n(1) In general \nNotwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration \nThe Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration \n(A) In general \nIn administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will equitably address— (i) the needs of individuals with all types of disabilities and across the age span; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitation \nFor each fiscal year, not more than one-half of one percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities \n(1) In general \nThe Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information \nTo assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions \n(1) Corrective action \nIf the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions \nIf the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures \nThe Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action \nAs part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification \nThe Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to congress \n(1) In general \nNot later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents \nSuch report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction \nNothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance \nThis Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 9. Authorization of appropriations; reservations and distribution of funds \n(a) In general \nThere are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds \nOf the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 2 percent of such available funds to carry out section 6(b)(1), of which— (A) an amount equal to 88.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(A); and (B) an amount equal to 14.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(B); (2) reserve an amount equal to 1 percent of such available funds appropriated to carry out section 6(b)(2); and (3) of the amounts remaining after the reservations under paragraphs (1) and (2)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance \nIn any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000, the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b)..", "id": "id904C39C4192648E3B83198404F1C49B2", "header": "Reauthorization" }, { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. State grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds.", "id": "ID713B03A8E9CB4F9184E32926C2CB04A8", "header": "Short title; table of contents" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) Over 54,000,000 individuals in the United States have disabilities, with almost half experiencing severe disabilities that affect their ability to see, hear, communicate, reason, walk, or perform other basic life functions. (2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue competitive, integrated employment; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (3) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (4) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living. (6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. This partnership between the Federal Government and the States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages meet their assistive technology needs. (7) Despite the success of the Federal-State partnership in providing access to assistive technology devices and assistive technology services, there is a continued need to provide information and legally based advocacy about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society. (8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )), accessibility provisions of the Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. ), and the amendments made to the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) by the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425) and the rapid and unending evolution of technology require a Federal-State investment in State assistive technology programs, as well as an investment in protection and advocacy systems, to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities. (b) Purposes \nThe purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families, older individuals and their families, and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services.", "id": "IDDAE9CD16412445958F48E36014B9321B", "header": "Findings and purposes" }, { "text": "3. Definitions \nIn this Act: (1) Adult service program \nThe term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium \nThe term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology \nThe term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device \nThe term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service \nThe term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities \nThe term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance \nThe term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities— (A) implemented by a State; (B) equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) that incorporates all of the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive \nThe term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability \nThe term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability; individuals with disabilities \n(A) Individual with a disability \nThe term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities \nThe term individuals with disabilities means more than 1 individual with a disability. (11) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services \nThe term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary \nThe term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. (14) State \n(A) In general \nExcept as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas \nIn section 4(b): (i) Outlying area \nThe term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State \nThe term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program \nThe term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities \nThe term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact, or provide services to, with individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population \nThe term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, individuals who are minorities, individuals with a total family income that is below the poverty line (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), individuals with limited English proficiency, older individuals, or individuals from rural areas. (18) Universal design \nThe term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies.", "id": "ID74B10B5ADDC94A449602F0B06793AB24", "header": "Definitions" }, { "text": "4. Grants for State assistive technology programs \n(a) Grants to States \nThe Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance \n(1) In general \nFrom funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants \n(A) Base year \nExcept as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction \n(i) In general \nIf funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds \nIf, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under this paragraph. (C) Higher appropriation years \nFor a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph (A), the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotments described in clause (i), allot to each State or outlying area an equal amount of such funds, until each State has received an allotment under clause (i) and this clause of not less than $550,000, and each outlying area has received an allotment of $167,500; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii)— (I) from 50 percent of the remainder allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; and (II) from 50 percent of the remainder, allot to each State an equal amount. (3) Availability of funds \nAmounts made available for an award year under this section shall be available for the award year and the year following the award year. (c) Lead agency, implementing entity, and advisory council \n(1) Lead agency and implementing entity \n(A) Lead agency \n(i) In general \nThe Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties \nThe duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity \nThe Governor or lead agency may designate an agency, office, or other entity to carry out all State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity \n(i) In general \nOn obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the entity designated as the lead agency should not serve as that agency; and (II) the Governor or the lead agency may redesignate the implementing entity of a State, if the Governor or lead agency shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction \nNothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council \n(A) In general \nThere shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation \n(i) Composition \nThe advisory council shall be composed of— (I) individuals with disabilities that use assistive technology, including individuals over 50 years of age, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of 1 or more of the following: (aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ); (cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistant under such Act ( 42 U.S.C. 3001 et seq. ); (dd) an organization representing injured veterans; (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ); (ff) the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); or (gg) the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ); (VI) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VII) a representative of an alternative financing program for assistive technology, if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; and (VIII) representatives of other State agencies, public agencies, or private organizations, as determined by the State. (ii) Majority \n(I) In general \nNot less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), in a manner that ensures— (aa) not less than 31 percent of the members of the advisory council are individuals with disabilities described in such clause; and (bb) not more than 20 percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause. (II) Representatives of agencies \nMembers appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation \nThe advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses \nThe members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies \nNothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies who carry out State assistive technology programs. (d) Application \n(1) In general \nAny State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity \n(A) In general \nThe application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor or lead agency of the State designates such an entity; (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2); and (iv) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council. (B) Change in lead agency or implementing agency \nIn any case where the Governor or lead agency requests to redesignate a lead agency or implementing entity, as the case may be, the Governor or lead agency shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the lead agency or implementing entity, as the case may be, should not serve as that agency or entity. (3) State plan \nThe application under this subsection shall include a State plan for assistive technology, consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved, in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities \nThe application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances \nThe application shall include assurances that— (A) the State will annually collect data related to all activities described in paragraph (3)(A), including activities funded by State or non-Federal sources under subsection (e)(1)(B), in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 20 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds \n(1) Required activities \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all of the activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support \nA State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities \n(A) State financing activities \nThe State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs \nThe State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs \nThe State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations \n(i) In general \nThe State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information \nThe State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities \n(A) Training and technical assistance \n(i) In general \nThe State shall directly, or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities to, develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities \nIn carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities \nThe State shall directly, or provide support to public or private entities to, develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; or (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities \n(i) In general \nThe State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; (II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system \n(I) In general \nThe State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content \nThe system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration \nThe State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs \nNot more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding rules \n(A) Prohibition \nFunds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration \nIn order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility \n(A) In general \nNotwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule \nNotwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition \nNotwithstanding other equipment disposition policies under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private non-profit agency, or individual with a disability in need of such device. (f) Annual progress reports \n(1) Data collection \nEach State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports \n(A) In general \nEach State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B), at such time, and in such manner, as the Secretary may require. (B) Contents \nThe report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (who shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the numbers of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, and dollar amount, of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or vendors) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public-awareness activities under subsection (e)(3)(B) with a high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided.", "id": "IDE28B38D3CD0742DF930C7E6ECCC56334", "header": "Grants for State assistive technology programs" }, { "text": "5. State grants for protection and advocacy services related to assistive technology \n(a) Grants \n(1) In general \nFrom amounts made available to carry out this section, the Secretary shall make grants, through allotments under subsection (b), to protection and advocacy systems for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities \nIn providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution \n(1) Reservation \nFor each fiscal year, the Secretary shall reserve, from amounts made available to carry out this section under section 9(b)(3)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis \nFrom the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums \nSubject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American indian consortium \n(A) In general \nThe Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants \nThe amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustment \nFor each fiscal year in which the total amount appropriated under section 9(b)(3)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment \nNotwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income \n(1) Carryover \nAny amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program income \nProgram income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary \nAn entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies \nAn entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination \nOn making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section.", "id": "ID0EA4A7120C9D4BA4B2C25089D69CD4D7", "header": "State grants for protection and advocacy services related to assistive technology" }, { "text": "6. Technical assistance and data collection support \n(a) Definitions \nIn this section: (1) Qualified data collection and reporting entity \nThe term qualified data collection and reporting entity means a national nonprofit organization with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider \nThe term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider \nThe term qualified training and technical assistance provider means a national nonprofit organization with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized \n(1) Support for assistive technology training and technical assistance \nFrom amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance \nFrom amounts made available under section 9(b)(2), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application \n(1) In general \nTo be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input \nIn awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities \n(1) Use of funds for assistive technology training and technical assistance \n(A) Training and technical assistance efforts \nA qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration \nIn developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance \nA qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2).", "id": "IDA8D0202934B748D1BE5717DBE7624EFF", "header": "Technical assistance and data collection support" }, { "text": "7. Projects of national significance \n(a) Definition of project of national significance \nIn this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with a spectrum of ability to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) build partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to transition youth who are individuals with disabilities from school to adult life, including youth with intellectual and developmental disabilities, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs, or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized \nIf funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application \nA public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis \n(1) Priority \nIn awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference \nFor each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is reason to prioritize that category of project. (e) Minimum funding level required \nThe Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000.", "id": "id3b506547586b43bd962e1de8096112a5", "header": "Projects of national significance" }, { "text": "8. Administrative provisions \n(a) General administration \n(1) In general \nNotwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration \nThe Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration \n(A) In general \nIn administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will equitably address— (i) the needs of individuals with all types of disabilities and across the age span; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitation \nFor each fiscal year, not more than one-half of one percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities \n(1) In general \nThe Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information \nTo assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions \n(1) Corrective action \nIf the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions \nIf the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures \nThe Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action \nAs part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification \nThe Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to congress \n(1) In general \nNot later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents \nSuch report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction \nNothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance \nThis Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law.", "id": "ID68E1DD84CFE0450FBC6C3D4D77C34718", "header": "Administrative provisions" }, { "text": "9. Authorization of appropriations; reservations and distribution of funds \n(a) In general \nThere are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds \nOf the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 2 percent of such available funds to carry out section 6(b)(1), of which— (A) an amount equal to 88.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(A); and (B) an amount equal to 14.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(B); (2) reserve an amount equal to 1 percent of such available funds appropriated to carry out section 6(b)(2); and (3) of the amounts remaining after the reservations under paragraphs (1) and (2)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance \nIn any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000, the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b).", "id": "id18FA4F0A2139411396377D24A5D88BD9", "header": "Authorization of appropriations; reservations and distribution of funds" }, { "text": "3. Effective date \nThis Act, and the amendments made by this Act, shall take effect on the day that is six months after the date of enactment of this Act.", "id": "id842E032C70DE4F28BFF28EF4EC12A7D4", "header": "Effective date" } ]
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1. Short title This Act may be cited as the 21st Century Assistive Technology Act. 2. Reauthorization The Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) is amended to read as follows: 1. Short title; table of contents (a) Short title This Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. State grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds. 2. Findings and purposes (a) Findings Congress finds the following: (1) Over 54,000,000 individuals in the United States have disabilities, with almost half experiencing severe disabilities that affect their ability to see, hear, communicate, reason, walk, or perform other basic life functions. (2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue competitive, integrated employment; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (3) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (4) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living. (6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. This partnership between the Federal Government and the States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages meet their assistive technology needs. (7) Despite the success of the Federal-State partnership in providing access to assistive technology devices and assistive technology services, there is a continued need to provide information and legally based advocacy about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society. (8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )), accessibility provisions of the Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. ), and the amendments made to the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) by the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425) and the rapid and unending evolution of technology require a Federal-State investment in State assistive technology programs, as well as an investment in protection and advocacy systems, to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities. (b) Purposes The purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families, older individuals and their families, and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions In this Act: (1) Adult service program The term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium The term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology The term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device The term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service The term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities The term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance The term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities— (A) implemented by a State; (B) equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) that incorporates all of the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive The term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability The term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability; individuals with disabilities (A) Individual with a disability The term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities The term individuals with disabilities means more than 1 individual with a disability. (11) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services The term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. (14) State (A) In general Except as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas In section 4(b): (i) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State The term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program The term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities The term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact, or provide services to, with individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population The term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, individuals who are minorities, individuals with a total family income that is below the poverty line (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), individuals with limited English proficiency, older individuals, or individuals from rural areas. (18) Universal design The term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 4. Grants for State assistive technology programs (a) Grants to States The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance (1) In general From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants (A) Base year Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction (i) In general If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under this paragraph. (C) Higher appropriation years For a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph (A), the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotments described in clause (i), allot to each State or outlying area an equal amount of such funds, until each State has received an allotment under clause (i) and this clause of not less than $550,000, and each outlying area has received an allotment of $167,500; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii)— (I) from 50 percent of the remainder allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; and (II) from 50 percent of the remainder, allot to each State an equal amount. (3) Availability of funds Amounts made available for an award year under this section shall be available for the award year and the year following the award year. (c) Lead agency, implementing entity, and advisory council (1) Lead agency and implementing entity (A) Lead agency (i) In general The Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties The duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity The Governor or lead agency may designate an agency, office, or other entity to carry out all State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity (i) In general On obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the entity designated as the lead agency should not serve as that agency; and (II) the Governor or the lead agency may redesignate the implementing entity of a State, if the Governor or lead agency shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction Nothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council (A) In general There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation (i) Composition The advisory council shall be composed of— (I) individuals with disabilities that use assistive technology, including individuals over 50 years of age, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of 1 or more of the following: (aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ); (cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistant under such Act ( 42 U.S.C. 3001 et seq. ); (dd) an organization representing injured veterans; (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ); (ff) the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); or (gg) the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ); (VI) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VII) a representative of an alternative financing program for assistive technology, if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; and (VIII) representatives of other State agencies, public agencies, or private organizations, as determined by the State. (ii) Majority (I) In general Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), in a manner that ensures— (aa) not less than 31 percent of the members of the advisory council are individuals with disabilities described in such clause; and (bb) not more than 20 percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause. (II) Representatives of agencies Members appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation The advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses The members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies Nothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies who carry out State assistive technology programs. (d) Application (1) In general Any State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity (A) In general The application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor or lead agency of the State designates such an entity; (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2); and (iv) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council. (B) Change in lead agency or implementing agency In any case where the Governor or lead agency requests to redesignate a lead agency or implementing entity, as the case may be, the Governor or lead agency shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the lead agency or implementing entity, as the case may be, should not serve as that agency or entity. (3) State plan The application under this subsection shall include a State plan for assistive technology, consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved, in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities The application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances The application shall include assurances that— (A) the State will annually collect data related to all activities described in paragraph (3)(A), including activities funded by State or non-Federal sources under subsection (e)(1)(B), in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 20 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds (1) Required activities (A) In general Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all of the activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support A State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities (A) State financing activities The State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations (i) In general The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities (A) Training and technical assistance (i) In general The State shall directly, or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities to, develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities In carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities The State shall directly, or provide support to public or private entities to, develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; or (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities (i) In general The State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; (II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system (I) In general The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs Not more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding rules (A) Prohibition Funds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration In order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility (A) In general Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition Notwithstanding other equipment disposition policies under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private non-profit agency, or individual with a disability in need of such device. (f) Annual progress reports (1) Data collection Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports (A) In general Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B), at such time, and in such manner, as the Secretary may require. (B) Contents The report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (who shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the numbers of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, and dollar amount, of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or vendors) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public-awareness activities under subsection (e)(3)(B) with a high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided. 5. State grants for protection and advocacy services related to assistive technology (a) Grants (1) In general From amounts made available to carry out this section, the Secretary shall make grants, through allotments under subsection (b), to protection and advocacy systems for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities In providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution (1) Reservation For each fiscal year, the Secretary shall reserve, from amounts made available to carry out this section under section 9(b)(3)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis From the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American indian consortium (A) In general The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants The amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustment For each fiscal year in which the total amount appropriated under section 9(b)(3)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income (1) Carryover Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program income Program income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Technical assistance and data collection support (a) Definitions In this section: (1) Qualified data collection and reporting entity The term qualified data collection and reporting entity means a national nonprofit organization with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider The term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider The term qualified training and technical assistance provider means a national nonprofit organization with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized (1) Support for assistive technology training and technical assistance From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance From amounts made available under section 9(b)(2), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application (1) In general To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input In awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities (1) Use of funds for assistive technology training and technical assistance (A) Training and technical assistance efforts A qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance A qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). 7. Projects of national significance (a) Definition of project of national significance In this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with a spectrum of ability to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) build partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to transition youth who are individuals with disabilities from school to adult life, including youth with intellectual and developmental disabilities, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs, or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis (1) Priority In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference For each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is reason to prioritize that category of project. (e) Minimum funding level required The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. 8. Administrative provisions (a) General administration (1) In general Notwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration (A) In general In administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will equitably address— (i) the needs of individuals with all types of disabilities and across the age span; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitation For each fiscal year, not more than one-half of one percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities (1) In general The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions (1) Corrective action If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures The Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification The Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to congress (1) In general Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents Such report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 9. Authorization of appropriations; reservations and distribution of funds (a) In general There are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 2 percent of such available funds to carry out section 6(b)(1), of which— (A) an amount equal to 88.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(A); and (B) an amount equal to 14.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(B); (2) reserve an amount equal to 1 percent of such available funds appropriated to carry out section 6(b)(2); and (3) of the amounts remaining after the reservations under paragraphs (1) and (2)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000, the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b).. 1. Short title; table of contents (a) Short title This Act may be cited as the Assistive Technology Act of 1998. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. State grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds. 2. Findings and purposes (a) Findings Congress finds the following: (1) Over 54,000,000 individuals in the United States have disabilities, with almost half experiencing severe disabilities that affect their ability to see, hear, communicate, reason, walk, or perform other basic life functions. (2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue competitive, integrated employment; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (3) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (4) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living. (6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. This partnership between the Federal Government and the States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages meet their assistive technology needs. (7) Despite the success of the Federal-State partnership in providing access to assistive technology devices and assistive technology services, there is a continued need to provide information and legally based advocacy about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society. (8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )), accessibility provisions of the Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. ), and the amendments made to the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) by the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425) and the rapid and unending evolution of technology require a Federal-State investment in State assistive technology programs, as well as an investment in protection and advocacy systems, to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities. (b) Purposes The purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families, older individuals and their families, and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions In this Act: (1) Adult service program The term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium The term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology The term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device The term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service The term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities The term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance The term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities— (A) implemented by a State; (B) equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) that incorporates all of the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive The term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability The term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability; individuals with disabilities (A) Individual with a disability The term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities The term individuals with disabilities means more than 1 individual with a disability. (11) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services The term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. (14) State (A) In general Except as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas In section 4(b): (i) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State The term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program The term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities The term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact, or provide services to, with individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population The term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, individuals who are minorities, individuals with a total family income that is below the poverty line (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), individuals with limited English proficiency, older individuals, or individuals from rural areas. (18) Universal design The term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 4. Grants for State assistive technology programs (a) Grants to States The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance (1) In general From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants (A) Base year Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction (i) In general If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under this paragraph. (C) Higher appropriation years For a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph (A), the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotments described in clause (i), allot to each State or outlying area an equal amount of such funds, until each State has received an allotment under clause (i) and this clause of not less than $550,000, and each outlying area has received an allotment of $167,500; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii)— (I) from 50 percent of the remainder allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; and (II) from 50 percent of the remainder, allot to each State an equal amount. (3) Availability of funds Amounts made available for an award year under this section shall be available for the award year and the year following the award year. (c) Lead agency, implementing entity, and advisory council (1) Lead agency and implementing entity (A) Lead agency (i) In general The Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties The duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity The Governor or lead agency may designate an agency, office, or other entity to carry out all State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity (i) In general On obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the entity designated as the lead agency should not serve as that agency; and (II) the Governor or the lead agency may redesignate the implementing entity of a State, if the Governor or lead agency shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction Nothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council (A) In general There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation (i) Composition The advisory council shall be composed of— (I) individuals with disabilities that use assistive technology, including individuals over 50 years of age, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of 1 or more of the following: (aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ); (cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistant under such Act ( 42 U.S.C. 3001 et seq. ); (dd) an organization representing injured veterans; (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ); (ff) the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); or (gg) the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ); (VI) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VII) a representative of an alternative financing program for assistive technology, if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; and (VIII) representatives of other State agencies, public agencies, or private organizations, as determined by the State. (ii) Majority (I) In general Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), in a manner that ensures— (aa) not less than 31 percent of the members of the advisory council are individuals with disabilities described in such clause; and (bb) not more than 20 percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause. (II) Representatives of agencies Members appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation The advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses The members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies Nothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies who carry out State assistive technology programs. (d) Application (1) In general Any State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Lead agency and implementing entity (A) In general The application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor or lead agency of the State designates such an entity; (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2); and (iv) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council. (B) Change in lead agency or implementing agency In any case where the Governor or lead agency requests to redesignate a lead agency or implementing entity, as the case may be, the Governor or lead agency shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the lead agency or implementing entity, as the case may be, should not serve as that agency or entity. (3) State plan The application under this subsection shall include a State plan for assistive technology, consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved, in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities The application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances The application shall include assurances that— (A) the State will annually collect data related to all activities described in paragraph (3)(A), including activities funded by State or non-Federal sources under subsection (e)(1)(B), in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 20 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds (1) Required activities (A) In general Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all of the activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support A State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities (A) State financing activities The State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations (i) In general The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities (A) Training and technical assistance (i) In general The State shall directly, or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities to, develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities In carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities The State shall directly, or provide support to public or private entities to, develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; or (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities (i) In general The State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; (II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system (I) In general The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs Not more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding rules (A) Prohibition Funds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration In order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility (A) In general Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition Notwithstanding other equipment disposition policies under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private non-profit agency, or individual with a disability in need of such device. (f) Annual progress reports (1) Data collection Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports (A) In general Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B), at such time, and in such manner, as the Secretary may require. (B) Contents The report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (who shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the numbers of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, and dollar amount, of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or vendors) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public-awareness activities under subsection (e)(3)(B) with a high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided. 5. State grants for protection and advocacy services related to assistive technology (a) Grants (1) In general From amounts made available to carry out this section, the Secretary shall make grants, through allotments under subsection (b), to protection and advocacy systems for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities In providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution (1) Reservation For each fiscal year, the Secretary shall reserve, from amounts made available to carry out this section under section 9(b)(3)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis From the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American indian consortium (A) In general The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants The amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustment For each fiscal year in which the total amount appropriated under section 9(b)(3)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income (1) Carryover Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program income Program income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Technical assistance and data collection support (a) Definitions In this section: (1) Qualified data collection and reporting entity The term qualified data collection and reporting entity means a national nonprofit organization with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider The term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider The term qualified training and technical assistance provider means a national nonprofit organization with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized (1) Support for assistive technology training and technical assistance From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance From amounts made available under section 9(b)(2), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application (1) In general To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input In awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities (1) Use of funds for assistive technology training and technical assistance (A) Training and technical assistance efforts A qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance A qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). 7. Projects of national significance (a) Definition of project of national significance In this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with a spectrum of ability to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) build partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to transition youth who are individuals with disabilities from school to adult life, including youth with intellectual and developmental disabilities, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs, or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis (1) Priority In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference For each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is reason to prioritize that category of project. (e) Minimum funding level required The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. 8. Administrative provisions (a) General administration (1) In general Notwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration (A) In general In administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will equitably address— (i) the needs of individuals with all types of disabilities and across the age span; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitation For each fiscal year, not more than one-half of one percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities (1) In general The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions (1) Corrective action If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures The Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification The Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to congress (1) In general Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents Such report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 9. Authorization of appropriations; reservations and distribution of funds (a) In general There are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 2 percent of such available funds to carry out section 6(b)(1), of which— (A) an amount equal to 88.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(A); and (B) an amount equal to 14.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(B); (2) reserve an amount equal to 1 percent of such available funds appropriated to carry out section 6(b)(2); and (3) of the amounts remaining after the reservations under paragraphs (1) and (2)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000, the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b). 3. Effective date This Act, and the amendments made by this Act, shall take effect on the day that is six months after the date of enactment of this Act.
158,840
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117
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1,025
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To establish a presumption of occupational disease for certain employees at the Department of Energy, to refine the definition of compensable illnesses, to establish a research program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Toxic Exposure Safety Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Establishing a Toxic Special Exposure Cohort \n(a) Expansion of covered employees and definition of covered illnesses under subtitle E \nSection 3671 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s ) is amended— (1) in paragraph (1)— (A) by striking employee determined under and inserting the following: employee determined— (A) under ; (B) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (B) to have contracted a covered illness and be a member of the Toxic Special Exposure Cohort established under section 3671A. ; and (2) by striking paragraph (2) and inserting the following: (2) The term covered illness means an occupational illness or death resulting from exposure to a toxic substance, including— (A) all forms of cancer; (B) malignant mesothelioma; (C) pneumoconiosis, including silicosis, asbestosis, and other pneumoconiosis, and other asbestos-related diseases, including asbestos-related pleural disease; (D) any illness identified in a health studies report under section 5(f)(4) of the Toxic Exposure Safety Act of 2021 or a report under section 3615(f)(2)(D); and (E) any additional illness that the Secretary of Health and Human Services designates by regulation, as such Secretary determines appropriate based on— (i) the results of the report under section 3671A(c); and (ii) the determinations made by such Secretary in establishing a Toxic Special Exposure Cohort under section 3671A.. (b) Designation of toxic special exposure cohort \nSubtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s et seq.) is amended by inserting after section 3671 the following: 3671A. Establishment of the Toxic Special Exposure Cohort \n(a) Certain designations \nThe Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention— (1) shall establish a Toxic Special Exposure Cohort; and (2) as the Secretary determines appropriate in accordance with the rules promulgated under subsection (b), may designate classes of Department of Energy employees, Department of Energy contractor employees, or atomic weapons employees as members of the Toxic Special Exposure Cohort. (b) Promulgation of rules \nNot later than 1 year after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Health and Human Services shall promulgate rules— (1) establishing a process to determine whether there are classes of Department of Energy employees, Department of Energy contractor employees, or other classes of employees employed at any Department of Energy facility— (A) who were at least as likely as not exposed to toxic substances at a Department of Energy facility; and (B) for whom the Secretary of Health and Human Services has determined, after taking into consideration the recommendations of the Advisory Board on Toxic Substances and Worker Health on the matter, that it is not feasible to estimate with sufficient accuracy the frequency, intensity, and duration of exposure they received; and (2) regarding how the Secretary of Health and Human Services will designate employees, or classes of employees, described in paragraph (1) as members of the Toxic Special Exposure Cohort established under subsection (a)(1), which shall include a requirement that the Secretary shall make initial determinations regarding such designations. (c) Report to Congress \n(1) In general \nNot later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Health and Human Services shall submit to the relevant committees of Congress a report that identifies each of the following: (A) A list of cancers and other illnesses associated with toxic substances that pose, or posed, a hazard in the work environment at any Department of Energy facility. (B) The minimum duration of work required to qualify for the Toxic Special Exposure Cohort established under subsection (a)(1). (C) The class of employees that are designated as members in the Toxic Special Exposure Cohort. (2) Relevant committees of Congress defined \nIn this subsection, the term relevant committees of Congress means— (A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and the Committee on Education and Labor of the House of Representatives.. (c) Allowing subtitle B claims for eligible employees who are members of the Toxic Special Exposure Cohort \nSection 3621(1) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(1) ) is amended by adding at the end the following: (D) A Department of Energy employee or atomic weapons employee who— (i) has contracted a covered illness (as defined in section 3671); and (ii) satisfies the requirements established by the Secretary of Health and Human Services for the Toxic Special Exposure Cohort under section 3671A.. (d) Clarification of toxic substance exposure for covered illnesses \nSection 3675(c)(1) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–4(c)(1) ) is amended by inserting (including chemicals or combinations or mixtures of a toxic substance, including heavy metals, and radiation) after toxic substance each place such term appears.", "id": "id352706b5e1764133838d30bb6813f3b3", "header": "Establishing a Toxic Special Exposure Cohort" }, { "text": "3671A. Establishment of the Toxic Special Exposure Cohort \n(a) Certain designations \nThe Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention— (1) shall establish a Toxic Special Exposure Cohort; and (2) as the Secretary determines appropriate in accordance with the rules promulgated under subsection (b), may designate classes of Department of Energy employees, Department of Energy contractor employees, or atomic weapons employees as members of the Toxic Special Exposure Cohort. (b) Promulgation of rules \nNot later than 1 year after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Health and Human Services shall promulgate rules— (1) establishing a process to determine whether there are classes of Department of Energy employees, Department of Energy contractor employees, or other classes of employees employed at any Department of Energy facility— (A) who were at least as likely as not exposed to toxic substances at a Department of Energy facility; and (B) for whom the Secretary of Health and Human Services has determined, after taking into consideration the recommendations of the Advisory Board on Toxic Substances and Worker Health on the matter, that it is not feasible to estimate with sufficient accuracy the frequency, intensity, and duration of exposure they received; and (2) regarding how the Secretary of Health and Human Services will designate employees, or classes of employees, described in paragraph (1) as members of the Toxic Special Exposure Cohort established under subsection (a)(1), which shall include a requirement that the Secretary shall make initial determinations regarding such designations. (c) Report to Congress \n(1) In general \nNot later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Health and Human Services shall submit to the relevant committees of Congress a report that identifies each of the following: (A) A list of cancers and other illnesses associated with toxic substances that pose, or posed, a hazard in the work environment at any Department of Energy facility. (B) The minimum duration of work required to qualify for the Toxic Special Exposure Cohort established under subsection (a)(1). (C) The class of employees that are designated as members in the Toxic Special Exposure Cohort. (2) Relevant committees of Congress defined \nIn this subsection, the term relevant committees of Congress means— (A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and the Committee on Education and Labor of the House of Representatives.", "id": "id2e3a21d5c9bf444c858b7ae396cb85de", "header": "Establishment of the Toxic Special Exposure Cohort" }, { "text": "3. Providing information regarding Department of Energy facilities \nSubtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s et seq.) is amended by inserting after section 3681 the following: 3681A. Completion and updates of site exposure matrices \n(a) Definition \nIn this section, the term site exposure matrices means an exposure assessment of a Department of Energy facility that identifies the toxic substances or processes that were used in each building or process of the facility, including the trade name (if any) of the substance. (b) In general \nNot later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Labor shall, in coordination with the Secretary of Energy, create or update site exposure matrices for each Department of Energy facility based on the records, files, and other data provided by the Secretary of Energy and such other information as is available, including information available from the former worker medical screening programs of the Department of Energy. (c) Periodic update \nBeginning 90 days after the initial creation or update described in subsection (b), and each 90 days thereafter, the Secretary shall update the site exposure matrices with all information available as of such time from the Secretary of Energy. (d) Information \nThe Secretary of Energy shall furnish to the Secretary of Labor any information that the Secretary of Labor finds necessary or useful for the production of the site exposure matrices under this section, including records from the Department of Energy former worker medical screening program. (e) Public availability \nThe Secretary of Labor shall make available to the public, on the primary website of the Department of Labor— (1) the site exposure matrices, as periodically updated under subsections (b) and (c); (2) each site profile prepared under section 3633(a); (3) any other database used by the Secretary of Labor to evaluate claims for compensation under this title; and (4) statistical data, in the aggregate and disaggregated by each Department of Energy facility, regarding— (A) the number of claims filed under this subtitle and the number of claims filed by members of the Toxic Special Exposure Cohort who are covered under subtitle B; (B) the types of illnesses claimed; (C) the number of claims filed for each type of illness and, for each claim, whether the claim was approved or denied; (D) the number of claimants receiving compensation; and (E) the length of time required to process each claim, as measured from the date on which the claim is filed to the final disposition of the claim. (f) Funding \nThere is authorized and hereby appropriated to the Secretary of Energy, for fiscal year 2021 and each succeeding year, such sums as may be necessary to support the Secretary of Labor in creating or updating the site exposure matrices..", "id": "idc9a82671a6394187a4ce742aa5040df5", "header": "Providing information regarding Department of Energy facilities" }, { "text": "3681A. Completion and updates of site exposure matrices \n(a) Definition \nIn this section, the term site exposure matrices means an exposure assessment of a Department of Energy facility that identifies the toxic substances or processes that were used in each building or process of the facility, including the trade name (if any) of the substance. (b) In general \nNot later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Labor shall, in coordination with the Secretary of Energy, create or update site exposure matrices for each Department of Energy facility based on the records, files, and other data provided by the Secretary of Energy and such other information as is available, including information available from the former worker medical screening programs of the Department of Energy. (c) Periodic update \nBeginning 90 days after the initial creation or update described in subsection (b), and each 90 days thereafter, the Secretary shall update the site exposure matrices with all information available as of such time from the Secretary of Energy. (d) Information \nThe Secretary of Energy shall furnish to the Secretary of Labor any information that the Secretary of Labor finds necessary or useful for the production of the site exposure matrices under this section, including records from the Department of Energy former worker medical screening program. (e) Public availability \nThe Secretary of Labor shall make available to the public, on the primary website of the Department of Labor— (1) the site exposure matrices, as periodically updated under subsections (b) and (c); (2) each site profile prepared under section 3633(a); (3) any other database used by the Secretary of Labor to evaluate claims for compensation under this title; and (4) statistical data, in the aggregate and disaggregated by each Department of Energy facility, regarding— (A) the number of claims filed under this subtitle and the number of claims filed by members of the Toxic Special Exposure Cohort who are covered under subtitle B; (B) the types of illnesses claimed; (C) the number of claims filed for each type of illness and, for each claim, whether the claim was approved or denied; (D) the number of claimants receiving compensation; and (E) the length of time required to process each claim, as measured from the date on which the claim is filed to the final disposition of the claim. (f) Funding \nThere is authorized and hereby appropriated to the Secretary of Energy, for fiscal year 2021 and each succeeding year, such sums as may be necessary to support the Secretary of Labor in creating or updating the site exposure matrices.", "id": "id4d7708250f3949eab24ed9296003a4e0", "header": "Completion and updates of site exposure matrices" }, { "text": "4. Assisting current and former employees under the EEOICPA \n(a) Providing information and outreach \nSubtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384d et seq.) is amended— (1) by redesignating section 3614 as section 3616; and (2) by inserting after section 3613 the following: 3614. Information and outreach \n(a) Establishment of toll-Free information phone number \nBy not later than January 1, 2022, the Secretary of Labor shall establish a toll-free phone number that current or former employees of the Department of Energy, or current or former Department of Energy contractor employees, may use in order to receive information regarding— (1) the compensation program under subtitle B or E; (2) information regarding the process of submitting a claim under either compensation program; (3) assistance in completing the occupational health questionnaire required as part of a claim under subtitle B or E; (4) the next steps to take if a claim under subtitle B or E is accepted or denied; and (5) such other information as the Secretary determines necessary to further the purposes of this title. (b) Establishment of resource and advocacy centers \n(1) In general \nBy not later than January 1, 2023, the Secretary of Energy, in coordination with the Secretary of Labor, shall establish a resource and advocacy center at each Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. Each such resource and advocacy center shall assist current or former Department of Energy employees and current or former Department of Energy contractor employees, by enabling the employees and contractor employees to— (A) receive information regarding all related programs available to them relating to potential claims under this title, including— (i) programs under subtitles B and E; and (ii) the former worker medical screening program of the Department of Energy; and (B) navigate all such related programs. (2) Coordination \nThe Secretary of Energy shall integrate other programs available to current and former employees, and current or former Department of Energy contractor employees, which are related to the purposes of this title, with the resource and advocacy centers established under paragraph (1), as appropriate. (c) Information \nThe Secretary of Labor shall develop and distribute, through the resource and advocacy centers established under subsection (b) and other means, information (which may include responses to frequently asked questions) for current or former employees or current or former Department of Energy contractor employees about the programs under subtitles B and E and the claims process under such programs. (d) Copy of employee’s claims records \n(1) In general \nThe Secretary of Labor shall, upon the request of a current or former employee or Department of Energy contractor employee, provide the employee with a complete copy of all records or other materials held by the Department of Labor relating to the employee’s claim under subtitle B or E. (2) Choice of format \nThe Secretary of Labor shall provide the copy of records described in paragraph (1) to an employee in electronic or paper form, as selected by the employee. (e) Contact of employees by industrial hygienists \nThe Secretary of Labor shall allow industrial hygienists to contact and interview current or former employees or Department of Energy contractor employees regarding the employee’s claim under subtitle B or E.. (b) Extending appeal period \nSection 3677(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–6(a) ) is amended by striking 60 days and inserting 180 days. (c) Funding \nSection 3684 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–13 ) is amended— (1) by striking There is authorized and inserting the following: (a) In general \nThere is authorized ; (2) by inserting before the period at the end the following: , including the amounts necessary to carry out the requirements of section 3681A ; and (3) by adding at the end the following: (b) Administrative costs for department of energy \nThere is authorized and hereby appropriated to the Secretary of Energy for fiscal year 2021 and each succeeding year such sums as may be necessary to support the Secretary in carrying out the requirements of this title, including section 3681A.. (d) Advisory board on toxic substances and worker health \nSection 3687 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–16 ) is amended— (1) in subsection (b)— (A) in paragraph (1)(F), by striking and after the semicolon; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) develop recommendations for the Secretary of Health and Human Services regarding— (A) whether there is a class of Department of Energy employees, Department of Energy contractor employees, or other employees at any Department of Energy facility who were at least as likely as not exposed to toxic substances at that facility but for whom it is not feasible to estimate with sufficient accuracy the dose they received; and (B) the conditions or requirements that should be met in order for an individual to be designated as a member of the Special Exposure Cohort under section 3671A; and (4) review all existing, as of the date of the review, rules and guidelines issued by the Secretary regarding presumption of causation and provide the Secretary with recommendations for new rules and guidelines regarding presumption of causation. ; (2) in subsection (c)(3), by inserting or the Board after The Secretary ; (3) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (4) by inserting after subsection (g) the following: (h) Required responses to board recommendations \nNot later than 90 days after the date on which the Secretary of Labor and the Secretary of Health and Human Services receives recommendations in accordance with paragraph (1), (3), or (4) of subsection (b), such Secretary shall submit formal responses to each recommendation to the Board and Congress..", "id": "ide9548a400c9c4af58a29ee91cc7a8e56", "header": "Assisting current and former employees under the EEOICPA" }, { "text": "3614. Information and outreach \n(a) Establishment of toll-Free information phone number \nBy not later than January 1, 2022, the Secretary of Labor shall establish a toll-free phone number that current or former employees of the Department of Energy, or current or former Department of Energy contractor employees, may use in order to receive information regarding— (1) the compensation program under subtitle B or E; (2) information regarding the process of submitting a claim under either compensation program; (3) assistance in completing the occupational health questionnaire required as part of a claim under subtitle B or E; (4) the next steps to take if a claim under subtitle B or E is accepted or denied; and (5) such other information as the Secretary determines necessary to further the purposes of this title. (b) Establishment of resource and advocacy centers \n(1) In general \nBy not later than January 1, 2023, the Secretary of Energy, in coordination with the Secretary of Labor, shall establish a resource and advocacy center at each Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. Each such resource and advocacy center shall assist current or former Department of Energy employees and current or former Department of Energy contractor employees, by enabling the employees and contractor employees to— (A) receive information regarding all related programs available to them relating to potential claims under this title, including— (i) programs under subtitles B and E; and (ii) the former worker medical screening program of the Department of Energy; and (B) navigate all such related programs. (2) Coordination \nThe Secretary of Energy shall integrate other programs available to current and former employees, and current or former Department of Energy contractor employees, which are related to the purposes of this title, with the resource and advocacy centers established under paragraph (1), as appropriate. (c) Information \nThe Secretary of Labor shall develop and distribute, through the resource and advocacy centers established under subsection (b) and other means, information (which may include responses to frequently asked questions) for current or former employees or current or former Department of Energy contractor employees about the programs under subtitles B and E and the claims process under such programs. (d) Copy of employee’s claims records \n(1) In general \nThe Secretary of Labor shall, upon the request of a current or former employee or Department of Energy contractor employee, provide the employee with a complete copy of all records or other materials held by the Department of Labor relating to the employee’s claim under subtitle B or E. (2) Choice of format \nThe Secretary of Labor shall provide the copy of records described in paragraph (1) to an employee in electronic or paper form, as selected by the employee. (e) Contact of employees by industrial hygienists \nThe Secretary of Labor shall allow industrial hygienists to contact and interview current or former employees or Department of Energy contractor employees regarding the employee’s claim under subtitle B or E.", "id": "id83dd15aa88c64f0984dc05f108a85f42", "header": "Information and outreach" }, { "text": "5. Research program on epidemiological impacts of toxic exposures \n(a) Definitions \nIn this section— (1) the term Department of Energy facility has the meaning given the term in section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l ); (2) the term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); and (3) the term Secretary means the Secretary of Health and Human Services. (b) Establishment \nThe Secretary, acting through the Director of the National Institute of Environmental Health Sciences and in collaboration with the Director of the Centers for Disease Control and Prevention, shall conduct or support research on the epidemiological impacts of exposures to toxic substances at Department of Energy facilities. (c) Use of funds \nResearch under subsection (b) may include research on the epidemiological, clinical, or health impacts on individuals who were exposed to toxic substances in or near the tank or other storage farms and other relevant Department of Energy facilities through their work at such sites. (d) Eligibility and application \nAny institution of higher education or the National Academy of Sciences may apply for funding under this section by submitting to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may require. (e) Research coordination \nThe Secretary shall coordinate activities under this section with similar activities conducted by the Department of Health and Human Services to the extent that other agencies have responsibilities that are related to the study of epidemiological, clinical, or health impacts of exposures to toxic substances. (f) Health studies report to secretary \nNot later than 1 year after the end of the funding period for research under this section, the funding recipient shall prepare and submit to the Secretary a final report that— (1) summarizes the findings of the research; (2) includes recommendations for any additional studies; (3) describes any classes of employees that, based on the results of the study and in accordance with the rules promulgated by the Secretary under section 3671A(b) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as added by this Act), qualify for inclusion in the Toxic Special Exposure Cohort under such section 3671A; and (4) describes any illnesses to be included as covered illnesses under section 3671(2)(D) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s(2)(D) ). (g) Report to Congress \n(1) In general \nNot later than 120 days after the date on which the reports under subsection (f) are due, the Secretary shall— (A) designate all classes of employees described in the report under subsection (f)(3) as members of the Toxic Special Exposure Cohort under section 3671A of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as added by this Act); (B) prepare and submit to the relevant committees of Congress a report— (i) summarizing the findings from the reports required under subsection (f); (ii) identifying the classes of employees designated under subparagraph (A); (iii) identifying any new illnesses that, as a result of the study, will be included as covered illnesses, pursuant to subsection (f)(4) and section 3671(2)(D) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s(2)(D) ); and (iv) including the Secretary’s recommendations for additional health studies relating to toxic substances, if the Secretary determines it necessary. (2) Relevant committees of Congress defined \nIn this subsection, the term relevant committees of Congress means— (A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and Committee on Education and Labor of the House of Representatives. (h) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2026.", "id": "ida66fc6d0fdd8431fb39ccae16b6550ae", "header": "Research program on epidemiological impacts of toxic exposures" }, { "text": "6. National Academy of Sciences review \nSubtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384d et seq.), as amended by section 4, is further amended by inserting after section 3614 the following: 3615. National Academy of Sciences review \n(a) Purpose \nThe purpose of this section is to enable the National Academy of Sciences, a non-Federal entity with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between diseases and exposure to toxic substances found at Department of Energy cleanup sites. (b) Definitions \nIn this section: (1) Department of energy cleanup site \nThe term Department of Energy cleanup site means a Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. (2) Health studies report \nThe term health studies report means the report submitted under section 5(f) of the Toxic Exposure Safety Act of 2021. (c) Agreement \nNot later than 60 days after the issuance of the health studies report, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to carry out the requirements of this section. (d) Review of scientific and medical evidence \n(1) In general \nUnder the agreement described in subsection (c), the National Academy of Sciences shall, for the period of the agreement— (A) for each area recommended for additional study under the health studies report under section 5(f)(2) of the Toxic Exposure Safety Act of 2021 , review and summarize the scientific evidence relating to the area, including— (i) studies by the Department of Energy and Department of Labor; and (ii) any other available and relevant scientific studies, to the extent that such studies are relevant to the occupational exposures that have occurred at Department of Energy cleanup sites; and (B) review and summarize the scientific and medical evidence concerning the association between exposure to toxic substances found at Department of Energy cleanup sites and resultant diseases. (2) Scientific determinations concerning diseases \nIn conducting each review of scientific evidence under subparagraphs (A) and (B) of paragraph (1), the National Academy of Sciences shall— (A) assess the strength of such evidence; (B) assess whether a statistical association between exposure to a toxic substance and a disease exists, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect an association; (C) assess the increased risk of disease among those exposed to the toxic substance during service during the production and cleanup eras of the Department of Energy cleanup sites; (D) survey the impact to health of the toxic substance, focusing on hematologic, renal, urologic, hepatic, gastrointestinal, neurologic, dermatologic, respiratory, endocrine, ocular, ear, nasal, and oropharyngeal diseases, including dementia, leukemia, chemical sensitivities, and chronic obstructive pulmonary disease; and (E) determine whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the toxic substance and disease. (e) Additional scientific studies \nIf the National Academy of Sciences determines, in the course of conducting the studies under subsection (d), that additional studies are needed to resolve areas of continuing scientific uncertainty relating to toxic exposure at Department of Energy cleanup sites, the National Academy of Sciences shall include, in the next report submitted under subsection (f), recommendations for areas of additional study, consisting of— (1) a list of diseases and toxins that require further evaluation and study; (2) a review the current information available, as of the date of the report, relating to such diseases and toxins; (3) the value of the information that would result from the additional studies; and (4) the cost and feasibility of carrying out additional studies. (f) Reports \n(1) In general \nBy not later than 18 months after the date of the agreement under subsection (c), and every 2 years thereafter, the National Academy of Sciences shall prepare and submit a report to— (A) the Secretary; (B) the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate; and (C) the Committee on Natural Resources, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives. (2) Contents \nEach report submitted under paragraph (1) shall include, for the 18-month or 2-year period covered by the report— (A) a description of— (i) the reviews and studies conducted under this section; (ii) the determinations and conclusions of the National Academy of Sciences with respect to such reviews and studies; and (iii) the scientific evidence and reasoning that led to such conclusions; (B) the recommendations for further areas of study made under subsection (e) for the reporting period; (C) a description of any classes of employees that, based on the results of the reviews and studies and in accordance with the rules promulgated by the Secretary under section 3671A(b), qualify for inclusion in the Toxic Special Exposure Cohort under such section 3671A; and (D) the identification of any illness that the National Academy of Sciences has determined, as a result of the reviews and studies, should be a covered illness under section 3671(2)(D). (g) Limitation on authority \nThe authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available. (h) Sunset \nThis section shall cease to be effective 10 years after the last day of the fiscal year in which the National Academy of Sciences transmits to the Secretary the first report under subsection (f)..", "id": "idcd477853a9be452c988e709ca60ffc88", "header": "National Academy of Sciences review" }, { "text": "3615. National Academy of Sciences review \n(a) Purpose \nThe purpose of this section is to enable the National Academy of Sciences, a non-Federal entity with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between diseases and exposure to toxic substances found at Department of Energy cleanup sites. (b) Definitions \nIn this section: (1) Department of energy cleanup site \nThe term Department of Energy cleanup site means a Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. (2) Health studies report \nThe term health studies report means the report submitted under section 5(f) of the Toxic Exposure Safety Act of 2021. (c) Agreement \nNot later than 60 days after the issuance of the health studies report, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to carry out the requirements of this section. (d) Review of scientific and medical evidence \n(1) In general \nUnder the agreement described in subsection (c), the National Academy of Sciences shall, for the period of the agreement— (A) for each area recommended for additional study under the health studies report under section 5(f)(2) of the Toxic Exposure Safety Act of 2021 , review and summarize the scientific evidence relating to the area, including— (i) studies by the Department of Energy and Department of Labor; and (ii) any other available and relevant scientific studies, to the extent that such studies are relevant to the occupational exposures that have occurred at Department of Energy cleanup sites; and (B) review and summarize the scientific and medical evidence concerning the association between exposure to toxic substances found at Department of Energy cleanup sites and resultant diseases. (2) Scientific determinations concerning diseases \nIn conducting each review of scientific evidence under subparagraphs (A) and (B) of paragraph (1), the National Academy of Sciences shall— (A) assess the strength of such evidence; (B) assess whether a statistical association between exposure to a toxic substance and a disease exists, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect an association; (C) assess the increased risk of disease among those exposed to the toxic substance during service during the production and cleanup eras of the Department of Energy cleanup sites; (D) survey the impact to health of the toxic substance, focusing on hematologic, renal, urologic, hepatic, gastrointestinal, neurologic, dermatologic, respiratory, endocrine, ocular, ear, nasal, and oropharyngeal diseases, including dementia, leukemia, chemical sensitivities, and chronic obstructive pulmonary disease; and (E) determine whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the toxic substance and disease. (e) Additional scientific studies \nIf the National Academy of Sciences determines, in the course of conducting the studies under subsection (d), that additional studies are needed to resolve areas of continuing scientific uncertainty relating to toxic exposure at Department of Energy cleanup sites, the National Academy of Sciences shall include, in the next report submitted under subsection (f), recommendations for areas of additional study, consisting of— (1) a list of diseases and toxins that require further evaluation and study; (2) a review the current information available, as of the date of the report, relating to such diseases and toxins; (3) the value of the information that would result from the additional studies; and (4) the cost and feasibility of carrying out additional studies. (f) Reports \n(1) In general \nBy not later than 18 months after the date of the agreement under subsection (c), and every 2 years thereafter, the National Academy of Sciences shall prepare and submit a report to— (A) the Secretary; (B) the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate; and (C) the Committee on Natural Resources, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives. (2) Contents \nEach report submitted under paragraph (1) shall include, for the 18-month or 2-year period covered by the report— (A) a description of— (i) the reviews and studies conducted under this section; (ii) the determinations and conclusions of the National Academy of Sciences with respect to such reviews and studies; and (iii) the scientific evidence and reasoning that led to such conclusions; (B) the recommendations for further areas of study made under subsection (e) for the reporting period; (C) a description of any classes of employees that, based on the results of the reviews and studies and in accordance with the rules promulgated by the Secretary under section 3671A(b), qualify for inclusion in the Toxic Special Exposure Cohort under such section 3671A; and (D) the identification of any illness that the National Academy of Sciences has determined, as a result of the reviews and studies, should be a covered illness under section 3671(2)(D). (g) Limitation on authority \nThe authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available. (h) Sunset \nThis section shall cease to be effective 10 years after the last day of the fiscal year in which the National Academy of Sciences transmits to the Secretary the first report under subsection (f).", "id": "ide8368fa2ba88495bb04950da53df1a47", "header": "National Academy of Sciences review" }, { "text": "7. Conforming amendments \nThe Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384 et seq.) is amended— (1) in the table of contents— (A) by redesignating the item relating to section 3614 as the item relating to section 3616; (B) by inserting after the item relating to section 3613 the following: Sec. 3614. Information and outreach. Sec. 3615. National Academy of Sciences review. ; (C) by inserting after the item relating to section 3671 the following: Sec. 3671A. Establishment of the Toxic Special Exposure Cohort. ; and (D) by inserting after the item relating to section 3681 the following: Sec. 3681A. Completion and updates of site exposure matrices. ; and (2) in each of subsections (b)(1) and (c) of section 3612, by striking 3614(b) and inserting 3616(b).", "id": "id876775ac255b48b787ac2cc709630b1e", "header": "Conforming amendments" } ]
11
1. Short title This Act may be cited as the Toxic Exposure Safety Act of 2021. 2. Establishing a Toxic Special Exposure Cohort (a) Expansion of covered employees and definition of covered illnesses under subtitle E Section 3671 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s ) is amended— (1) in paragraph (1)— (A) by striking employee determined under and inserting the following: employee determined— (A) under ; (B) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (B) to have contracted a covered illness and be a member of the Toxic Special Exposure Cohort established under section 3671A. ; and (2) by striking paragraph (2) and inserting the following: (2) The term covered illness means an occupational illness or death resulting from exposure to a toxic substance, including— (A) all forms of cancer; (B) malignant mesothelioma; (C) pneumoconiosis, including silicosis, asbestosis, and other pneumoconiosis, and other asbestos-related diseases, including asbestos-related pleural disease; (D) any illness identified in a health studies report under section 5(f)(4) of the Toxic Exposure Safety Act of 2021 or a report under section 3615(f)(2)(D); and (E) any additional illness that the Secretary of Health and Human Services designates by regulation, as such Secretary determines appropriate based on— (i) the results of the report under section 3671A(c); and (ii) the determinations made by such Secretary in establishing a Toxic Special Exposure Cohort under section 3671A.. (b) Designation of toxic special exposure cohort Subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s et seq.) is amended by inserting after section 3671 the following: 3671A. Establishment of the Toxic Special Exposure Cohort (a) Certain designations The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention— (1) shall establish a Toxic Special Exposure Cohort; and (2) as the Secretary determines appropriate in accordance with the rules promulgated under subsection (b), may designate classes of Department of Energy employees, Department of Energy contractor employees, or atomic weapons employees as members of the Toxic Special Exposure Cohort. (b) Promulgation of rules Not later than 1 year after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Health and Human Services shall promulgate rules— (1) establishing a process to determine whether there are classes of Department of Energy employees, Department of Energy contractor employees, or other classes of employees employed at any Department of Energy facility— (A) who were at least as likely as not exposed to toxic substances at a Department of Energy facility; and (B) for whom the Secretary of Health and Human Services has determined, after taking into consideration the recommendations of the Advisory Board on Toxic Substances and Worker Health on the matter, that it is not feasible to estimate with sufficient accuracy the frequency, intensity, and duration of exposure they received; and (2) regarding how the Secretary of Health and Human Services will designate employees, or classes of employees, described in paragraph (1) as members of the Toxic Special Exposure Cohort established under subsection (a)(1), which shall include a requirement that the Secretary shall make initial determinations regarding such designations. (c) Report to Congress (1) In general Not later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Health and Human Services shall submit to the relevant committees of Congress a report that identifies each of the following: (A) A list of cancers and other illnesses associated with toxic substances that pose, or posed, a hazard in the work environment at any Department of Energy facility. (B) The minimum duration of work required to qualify for the Toxic Special Exposure Cohort established under subsection (a)(1). (C) The class of employees that are designated as members in the Toxic Special Exposure Cohort. (2) Relevant committees of Congress defined In this subsection, the term relevant committees of Congress means— (A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and the Committee on Education and Labor of the House of Representatives.. (c) Allowing subtitle B claims for eligible employees who are members of the Toxic Special Exposure Cohort Section 3621(1) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(1) ) is amended by adding at the end the following: (D) A Department of Energy employee or atomic weapons employee who— (i) has contracted a covered illness (as defined in section 3671); and (ii) satisfies the requirements established by the Secretary of Health and Human Services for the Toxic Special Exposure Cohort under section 3671A.. (d) Clarification of toxic substance exposure for covered illnesses Section 3675(c)(1) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–4(c)(1) ) is amended by inserting (including chemicals or combinations or mixtures of a toxic substance, including heavy metals, and radiation) after toxic substance each place such term appears. 3671A. Establishment of the Toxic Special Exposure Cohort (a) Certain designations The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention— (1) shall establish a Toxic Special Exposure Cohort; and (2) as the Secretary determines appropriate in accordance with the rules promulgated under subsection (b), may designate classes of Department of Energy employees, Department of Energy contractor employees, or atomic weapons employees as members of the Toxic Special Exposure Cohort. (b) Promulgation of rules Not later than 1 year after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Health and Human Services shall promulgate rules— (1) establishing a process to determine whether there are classes of Department of Energy employees, Department of Energy contractor employees, or other classes of employees employed at any Department of Energy facility— (A) who were at least as likely as not exposed to toxic substances at a Department of Energy facility; and (B) for whom the Secretary of Health and Human Services has determined, after taking into consideration the recommendations of the Advisory Board on Toxic Substances and Worker Health on the matter, that it is not feasible to estimate with sufficient accuracy the frequency, intensity, and duration of exposure they received; and (2) regarding how the Secretary of Health and Human Services will designate employees, or classes of employees, described in paragraph (1) as members of the Toxic Special Exposure Cohort established under subsection (a)(1), which shall include a requirement that the Secretary shall make initial determinations regarding such designations. (c) Report to Congress (1) In general Not later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Health and Human Services shall submit to the relevant committees of Congress a report that identifies each of the following: (A) A list of cancers and other illnesses associated with toxic substances that pose, or posed, a hazard in the work environment at any Department of Energy facility. (B) The minimum duration of work required to qualify for the Toxic Special Exposure Cohort established under subsection (a)(1). (C) The class of employees that are designated as members in the Toxic Special Exposure Cohort. (2) Relevant committees of Congress defined In this subsection, the term relevant committees of Congress means— (A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and the Committee on Education and Labor of the House of Representatives. 3. Providing information regarding Department of Energy facilities Subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s et seq.) is amended by inserting after section 3681 the following: 3681A. Completion and updates of site exposure matrices (a) Definition In this section, the term site exposure matrices means an exposure assessment of a Department of Energy facility that identifies the toxic substances or processes that were used in each building or process of the facility, including the trade name (if any) of the substance. (b) In general Not later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Labor shall, in coordination with the Secretary of Energy, create or update site exposure matrices for each Department of Energy facility based on the records, files, and other data provided by the Secretary of Energy and such other information as is available, including information available from the former worker medical screening programs of the Department of Energy. (c) Periodic update Beginning 90 days after the initial creation or update described in subsection (b), and each 90 days thereafter, the Secretary shall update the site exposure matrices with all information available as of such time from the Secretary of Energy. (d) Information The Secretary of Energy shall furnish to the Secretary of Labor any information that the Secretary of Labor finds necessary or useful for the production of the site exposure matrices under this section, including records from the Department of Energy former worker medical screening program. (e) Public availability The Secretary of Labor shall make available to the public, on the primary website of the Department of Labor— (1) the site exposure matrices, as periodically updated under subsections (b) and (c); (2) each site profile prepared under section 3633(a); (3) any other database used by the Secretary of Labor to evaluate claims for compensation under this title; and (4) statistical data, in the aggregate and disaggregated by each Department of Energy facility, regarding— (A) the number of claims filed under this subtitle and the number of claims filed by members of the Toxic Special Exposure Cohort who are covered under subtitle B; (B) the types of illnesses claimed; (C) the number of claims filed for each type of illness and, for each claim, whether the claim was approved or denied; (D) the number of claimants receiving compensation; and (E) the length of time required to process each claim, as measured from the date on which the claim is filed to the final disposition of the claim. (f) Funding There is authorized and hereby appropriated to the Secretary of Energy, for fiscal year 2021 and each succeeding year, such sums as may be necessary to support the Secretary of Labor in creating or updating the site exposure matrices.. 3681A. Completion and updates of site exposure matrices (a) Definition In this section, the term site exposure matrices means an exposure assessment of a Department of Energy facility that identifies the toxic substances or processes that were used in each building or process of the facility, including the trade name (if any) of the substance. (b) In general Not later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021 , the Secretary of Labor shall, in coordination with the Secretary of Energy, create or update site exposure matrices for each Department of Energy facility based on the records, files, and other data provided by the Secretary of Energy and such other information as is available, including information available from the former worker medical screening programs of the Department of Energy. (c) Periodic update Beginning 90 days after the initial creation or update described in subsection (b), and each 90 days thereafter, the Secretary shall update the site exposure matrices with all information available as of such time from the Secretary of Energy. (d) Information The Secretary of Energy shall furnish to the Secretary of Labor any information that the Secretary of Labor finds necessary or useful for the production of the site exposure matrices under this section, including records from the Department of Energy former worker medical screening program. (e) Public availability The Secretary of Labor shall make available to the public, on the primary website of the Department of Labor— (1) the site exposure matrices, as periodically updated under subsections (b) and (c); (2) each site profile prepared under section 3633(a); (3) any other database used by the Secretary of Labor to evaluate claims for compensation under this title; and (4) statistical data, in the aggregate and disaggregated by each Department of Energy facility, regarding— (A) the number of claims filed under this subtitle and the number of claims filed by members of the Toxic Special Exposure Cohort who are covered under subtitle B; (B) the types of illnesses claimed; (C) the number of claims filed for each type of illness and, for each claim, whether the claim was approved or denied; (D) the number of claimants receiving compensation; and (E) the length of time required to process each claim, as measured from the date on which the claim is filed to the final disposition of the claim. (f) Funding There is authorized and hereby appropriated to the Secretary of Energy, for fiscal year 2021 and each succeeding year, such sums as may be necessary to support the Secretary of Labor in creating or updating the site exposure matrices. 4. Assisting current and former employees under the EEOICPA (a) Providing information and outreach Subtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384d et seq.) is amended— (1) by redesignating section 3614 as section 3616; and (2) by inserting after section 3613 the following: 3614. Information and outreach (a) Establishment of toll-Free information phone number By not later than January 1, 2022, the Secretary of Labor shall establish a toll-free phone number that current or former employees of the Department of Energy, or current or former Department of Energy contractor employees, may use in order to receive information regarding— (1) the compensation program under subtitle B or E; (2) information regarding the process of submitting a claim under either compensation program; (3) assistance in completing the occupational health questionnaire required as part of a claim under subtitle B or E; (4) the next steps to take if a claim under subtitle B or E is accepted or denied; and (5) such other information as the Secretary determines necessary to further the purposes of this title. (b) Establishment of resource and advocacy centers (1) In general By not later than January 1, 2023, the Secretary of Energy, in coordination with the Secretary of Labor, shall establish a resource and advocacy center at each Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. Each such resource and advocacy center shall assist current or former Department of Energy employees and current or former Department of Energy contractor employees, by enabling the employees and contractor employees to— (A) receive information regarding all related programs available to them relating to potential claims under this title, including— (i) programs under subtitles B and E; and (ii) the former worker medical screening program of the Department of Energy; and (B) navigate all such related programs. (2) Coordination The Secretary of Energy shall integrate other programs available to current and former employees, and current or former Department of Energy contractor employees, which are related to the purposes of this title, with the resource and advocacy centers established under paragraph (1), as appropriate. (c) Information The Secretary of Labor shall develop and distribute, through the resource and advocacy centers established under subsection (b) and other means, information (which may include responses to frequently asked questions) for current or former employees or current or former Department of Energy contractor employees about the programs under subtitles B and E and the claims process under such programs. (d) Copy of employee’s claims records (1) In general The Secretary of Labor shall, upon the request of a current or former employee or Department of Energy contractor employee, provide the employee with a complete copy of all records or other materials held by the Department of Labor relating to the employee’s claim under subtitle B or E. (2) Choice of format The Secretary of Labor shall provide the copy of records described in paragraph (1) to an employee in electronic or paper form, as selected by the employee. (e) Contact of employees by industrial hygienists The Secretary of Labor shall allow industrial hygienists to contact and interview current or former employees or Department of Energy contractor employees regarding the employee’s claim under subtitle B or E.. (b) Extending appeal period Section 3677(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–6(a) ) is amended by striking 60 days and inserting 180 days. (c) Funding Section 3684 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–13 ) is amended— (1) by striking There is authorized and inserting the following: (a) In general There is authorized ; (2) by inserting before the period at the end the following: , including the amounts necessary to carry out the requirements of section 3681A ; and (3) by adding at the end the following: (b) Administrative costs for department of energy There is authorized and hereby appropriated to the Secretary of Energy for fiscal year 2021 and each succeeding year such sums as may be necessary to support the Secretary in carrying out the requirements of this title, including section 3681A.. (d) Advisory board on toxic substances and worker health Section 3687 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–16 ) is amended— (1) in subsection (b)— (A) in paragraph (1)(F), by striking and after the semicolon; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) develop recommendations for the Secretary of Health and Human Services regarding— (A) whether there is a class of Department of Energy employees, Department of Energy contractor employees, or other employees at any Department of Energy facility who were at least as likely as not exposed to toxic substances at that facility but for whom it is not feasible to estimate with sufficient accuracy the dose they received; and (B) the conditions or requirements that should be met in order for an individual to be designated as a member of the Special Exposure Cohort under section 3671A; and (4) review all existing, as of the date of the review, rules and guidelines issued by the Secretary regarding presumption of causation and provide the Secretary with recommendations for new rules and guidelines regarding presumption of causation. ; (2) in subsection (c)(3), by inserting or the Board after The Secretary ; (3) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (4) by inserting after subsection (g) the following: (h) Required responses to board recommendations Not later than 90 days after the date on which the Secretary of Labor and the Secretary of Health and Human Services receives recommendations in accordance with paragraph (1), (3), or (4) of subsection (b), such Secretary shall submit formal responses to each recommendation to the Board and Congress.. 3614. Information and outreach (a) Establishment of toll-Free information phone number By not later than January 1, 2022, the Secretary of Labor shall establish a toll-free phone number that current or former employees of the Department of Energy, or current or former Department of Energy contractor employees, may use in order to receive information regarding— (1) the compensation program under subtitle B or E; (2) information regarding the process of submitting a claim under either compensation program; (3) assistance in completing the occupational health questionnaire required as part of a claim under subtitle B or E; (4) the next steps to take if a claim under subtitle B or E is accepted or denied; and (5) such other information as the Secretary determines necessary to further the purposes of this title. (b) Establishment of resource and advocacy centers (1) In general By not later than January 1, 2023, the Secretary of Energy, in coordination with the Secretary of Labor, shall establish a resource and advocacy center at each Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. Each such resource and advocacy center shall assist current or former Department of Energy employees and current or former Department of Energy contractor employees, by enabling the employees and contractor employees to— (A) receive information regarding all related programs available to them relating to potential claims under this title, including— (i) programs under subtitles B and E; and (ii) the former worker medical screening program of the Department of Energy; and (B) navigate all such related programs. (2) Coordination The Secretary of Energy shall integrate other programs available to current and former employees, and current or former Department of Energy contractor employees, which are related to the purposes of this title, with the resource and advocacy centers established under paragraph (1), as appropriate. (c) Information The Secretary of Labor shall develop and distribute, through the resource and advocacy centers established under subsection (b) and other means, information (which may include responses to frequently asked questions) for current or former employees or current or former Department of Energy contractor employees about the programs under subtitles B and E and the claims process under such programs. (d) Copy of employee’s claims records (1) In general The Secretary of Labor shall, upon the request of a current or former employee or Department of Energy contractor employee, provide the employee with a complete copy of all records or other materials held by the Department of Labor relating to the employee’s claim under subtitle B or E. (2) Choice of format The Secretary of Labor shall provide the copy of records described in paragraph (1) to an employee in electronic or paper form, as selected by the employee. (e) Contact of employees by industrial hygienists The Secretary of Labor shall allow industrial hygienists to contact and interview current or former employees or Department of Energy contractor employees regarding the employee’s claim under subtitle B or E. 5. Research program on epidemiological impacts of toxic exposures (a) Definitions In this section— (1) the term Department of Energy facility has the meaning given the term in section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l ); (2) the term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); and (3) the term Secretary means the Secretary of Health and Human Services. (b) Establishment The Secretary, acting through the Director of the National Institute of Environmental Health Sciences and in collaboration with the Director of the Centers for Disease Control and Prevention, shall conduct or support research on the epidemiological impacts of exposures to toxic substances at Department of Energy facilities. (c) Use of funds Research under subsection (b) may include research on the epidemiological, clinical, or health impacts on individuals who were exposed to toxic substances in or near the tank or other storage farms and other relevant Department of Energy facilities through their work at such sites. (d) Eligibility and application Any institution of higher education or the National Academy of Sciences may apply for funding under this section by submitting to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may require. (e) Research coordination The Secretary shall coordinate activities under this section with similar activities conducted by the Department of Health and Human Services to the extent that other agencies have responsibilities that are related to the study of epidemiological, clinical, or health impacts of exposures to toxic substances. (f) Health studies report to secretary Not later than 1 year after the end of the funding period for research under this section, the funding recipient shall prepare and submit to the Secretary a final report that— (1) summarizes the findings of the research; (2) includes recommendations for any additional studies; (3) describes any classes of employees that, based on the results of the study and in accordance with the rules promulgated by the Secretary under section 3671A(b) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as added by this Act), qualify for inclusion in the Toxic Special Exposure Cohort under such section 3671A; and (4) describes any illnesses to be included as covered illnesses under section 3671(2)(D) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s(2)(D) ). (g) Report to Congress (1) In general Not later than 120 days after the date on which the reports under subsection (f) are due, the Secretary shall— (A) designate all classes of employees described in the report under subsection (f)(3) as members of the Toxic Special Exposure Cohort under section 3671A of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as added by this Act); (B) prepare and submit to the relevant committees of Congress a report— (i) summarizing the findings from the reports required under subsection (f); (ii) identifying the classes of employees designated under subparagraph (A); (iii) identifying any new illnesses that, as a result of the study, will be included as covered illnesses, pursuant to subsection (f)(4) and section 3671(2)(D) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s(2)(D) ); and (iv) including the Secretary’s recommendations for additional health studies relating to toxic substances, if the Secretary determines it necessary. (2) Relevant committees of Congress defined In this subsection, the term relevant committees of Congress means— (A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and Committee on Education and Labor of the House of Representatives. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2026. 6. National Academy of Sciences review Subtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384d et seq.), as amended by section 4, is further amended by inserting after section 3614 the following: 3615. National Academy of Sciences review (a) Purpose The purpose of this section is to enable the National Academy of Sciences, a non-Federal entity with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between diseases and exposure to toxic substances found at Department of Energy cleanup sites. (b) Definitions In this section: (1) Department of energy cleanup site The term Department of Energy cleanup site means a Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. (2) Health studies report The term health studies report means the report submitted under section 5(f) of the Toxic Exposure Safety Act of 2021. (c) Agreement Not later than 60 days after the issuance of the health studies report, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to carry out the requirements of this section. (d) Review of scientific and medical evidence (1) In general Under the agreement described in subsection (c), the National Academy of Sciences shall, for the period of the agreement— (A) for each area recommended for additional study under the health studies report under section 5(f)(2) of the Toxic Exposure Safety Act of 2021 , review and summarize the scientific evidence relating to the area, including— (i) studies by the Department of Energy and Department of Labor; and (ii) any other available and relevant scientific studies, to the extent that such studies are relevant to the occupational exposures that have occurred at Department of Energy cleanup sites; and (B) review and summarize the scientific and medical evidence concerning the association between exposure to toxic substances found at Department of Energy cleanup sites and resultant diseases. (2) Scientific determinations concerning diseases In conducting each review of scientific evidence under subparagraphs (A) and (B) of paragraph (1), the National Academy of Sciences shall— (A) assess the strength of such evidence; (B) assess whether a statistical association between exposure to a toxic substance and a disease exists, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect an association; (C) assess the increased risk of disease among those exposed to the toxic substance during service during the production and cleanup eras of the Department of Energy cleanup sites; (D) survey the impact to health of the toxic substance, focusing on hematologic, renal, urologic, hepatic, gastrointestinal, neurologic, dermatologic, respiratory, endocrine, ocular, ear, nasal, and oropharyngeal diseases, including dementia, leukemia, chemical sensitivities, and chronic obstructive pulmonary disease; and (E) determine whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the toxic substance and disease. (e) Additional scientific studies If the National Academy of Sciences determines, in the course of conducting the studies under subsection (d), that additional studies are needed to resolve areas of continuing scientific uncertainty relating to toxic exposure at Department of Energy cleanup sites, the National Academy of Sciences shall include, in the next report submitted under subsection (f), recommendations for areas of additional study, consisting of— (1) a list of diseases and toxins that require further evaluation and study; (2) a review the current information available, as of the date of the report, relating to such diseases and toxins; (3) the value of the information that would result from the additional studies; and (4) the cost and feasibility of carrying out additional studies. (f) Reports (1) In general By not later than 18 months after the date of the agreement under subsection (c), and every 2 years thereafter, the National Academy of Sciences shall prepare and submit a report to— (A) the Secretary; (B) the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate; and (C) the Committee on Natural Resources, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives. (2) Contents Each report submitted under paragraph (1) shall include, for the 18-month or 2-year period covered by the report— (A) a description of— (i) the reviews and studies conducted under this section; (ii) the determinations and conclusions of the National Academy of Sciences with respect to such reviews and studies; and (iii) the scientific evidence and reasoning that led to such conclusions; (B) the recommendations for further areas of study made under subsection (e) for the reporting period; (C) a description of any classes of employees that, based on the results of the reviews and studies and in accordance with the rules promulgated by the Secretary under section 3671A(b), qualify for inclusion in the Toxic Special Exposure Cohort under such section 3671A; and (D) the identification of any illness that the National Academy of Sciences has determined, as a result of the reviews and studies, should be a covered illness under section 3671(2)(D). (g) Limitation on authority The authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available. (h) Sunset This section shall cease to be effective 10 years after the last day of the fiscal year in which the National Academy of Sciences transmits to the Secretary the first report under subsection (f).. 3615. National Academy of Sciences review (a) Purpose The purpose of this section is to enable the National Academy of Sciences, a non-Federal entity with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between diseases and exposure to toxic substances found at Department of Energy cleanup sites. (b) Definitions In this section: (1) Department of energy cleanup site The term Department of Energy cleanup site means a Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. (2) Health studies report The term health studies report means the report submitted under section 5(f) of the Toxic Exposure Safety Act of 2021. (c) Agreement Not later than 60 days after the issuance of the health studies report, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to carry out the requirements of this section. (d) Review of scientific and medical evidence (1) In general Under the agreement described in subsection (c), the National Academy of Sciences shall, for the period of the agreement— (A) for each area recommended for additional study under the health studies report under section 5(f)(2) of the Toxic Exposure Safety Act of 2021 , review and summarize the scientific evidence relating to the area, including— (i) studies by the Department of Energy and Department of Labor; and (ii) any other available and relevant scientific studies, to the extent that such studies are relevant to the occupational exposures that have occurred at Department of Energy cleanup sites; and (B) review and summarize the scientific and medical evidence concerning the association between exposure to toxic substances found at Department of Energy cleanup sites and resultant diseases. (2) Scientific determinations concerning diseases In conducting each review of scientific evidence under subparagraphs (A) and (B) of paragraph (1), the National Academy of Sciences shall— (A) assess the strength of such evidence; (B) assess whether a statistical association between exposure to a toxic substance and a disease exists, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect an association; (C) assess the increased risk of disease among those exposed to the toxic substance during service during the production and cleanup eras of the Department of Energy cleanup sites; (D) survey the impact to health of the toxic substance, focusing on hematologic, renal, urologic, hepatic, gastrointestinal, neurologic, dermatologic, respiratory, endocrine, ocular, ear, nasal, and oropharyngeal diseases, including dementia, leukemia, chemical sensitivities, and chronic obstructive pulmonary disease; and (E) determine whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the toxic substance and disease. (e) Additional scientific studies If the National Academy of Sciences determines, in the course of conducting the studies under subsection (d), that additional studies are needed to resolve areas of continuing scientific uncertainty relating to toxic exposure at Department of Energy cleanup sites, the National Academy of Sciences shall include, in the next report submitted under subsection (f), recommendations for areas of additional study, consisting of— (1) a list of diseases and toxins that require further evaluation and study; (2) a review the current information available, as of the date of the report, relating to such diseases and toxins; (3) the value of the information that would result from the additional studies; and (4) the cost and feasibility of carrying out additional studies. (f) Reports (1) In general By not later than 18 months after the date of the agreement under subsection (c), and every 2 years thereafter, the National Academy of Sciences shall prepare and submit a report to— (A) the Secretary; (B) the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate; and (C) the Committee on Natural Resources, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives. (2) Contents Each report submitted under paragraph (1) shall include, for the 18-month or 2-year period covered by the report— (A) a description of— (i) the reviews and studies conducted under this section; (ii) the determinations and conclusions of the National Academy of Sciences with respect to such reviews and studies; and (iii) the scientific evidence and reasoning that led to such conclusions; (B) the recommendations for further areas of study made under subsection (e) for the reporting period; (C) a description of any classes of employees that, based on the results of the reviews and studies and in accordance with the rules promulgated by the Secretary under section 3671A(b), qualify for inclusion in the Toxic Special Exposure Cohort under such section 3671A; and (D) the identification of any illness that the National Academy of Sciences has determined, as a result of the reviews and studies, should be a covered illness under section 3671(2)(D). (g) Limitation on authority The authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available. (h) Sunset This section shall cease to be effective 10 years after the last day of the fiscal year in which the National Academy of Sciences transmits to the Secretary the first report under subsection (f). 7. Conforming amendments The Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384 et seq.) is amended— (1) in the table of contents— (A) by redesignating the item relating to section 3614 as the item relating to section 3616; (B) by inserting after the item relating to section 3613 the following: Sec. 3614. Information and outreach. Sec. 3615. National Academy of Sciences review. ; (C) by inserting after the item relating to section 3671 the following: Sec. 3671A. Establishment of the Toxic Special Exposure Cohort. ; and (D) by inserting after the item relating to section 3681 the following: Sec. 3681A. Completion and updates of site exposure matrices. ; and (2) in each of subsections (b)(1) and (c) of section 3612, by striking 3614(b) and inserting 3616(b).
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To amend the Investment Company Act of 1940 to address entities that are not considered to be investment companies for the purposes of that Act, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Expanding American Entrepreneurship Act.", "id": "S1", "header": "Short title" }, { "text": "2. Investment companies \nSection 3(c)(1) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c)(1) ) is amended— (1) in the matter preceding subparagraph (A), in the first sentence, by striking 250 persons and inserting 500 persons ; and (2) in subparagraph (C)(i), by striking $10,000,000 and inserting $50,000,000.", "id": "id1E0BC49925294F18BF65984D86645D4E", "header": "Investment companies" } ]
2
1. Short title This Act may be cited as the Expanding American Entrepreneurship Act. 2. Investment companies Section 3(c)(1) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c)(1) ) is amended— (1) in the matter preceding subparagraph (A), in the first sentence, by striking 250 persons and inserting 500 persons ; and (2) in subparagraph (C)(i), by striking $10,000,000 and inserting $50,000,000.
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To authorize the location of a memorial on the National Mall to commemorate and honor the members of the Armed Forces that served on active duty in support of the Global War on Terrorism, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Global War on Terrorism Memorial Location Act.", "id": "H91C88C42E775490890FDC52CEEB52764", "header": "Short title" }, { "text": "2. National Global War on Terrorism Memorial \n(a) Findings \nCongress finds that— (1) approaching 2 decades after the September 11, 2001, attacks against the United States, the United States continues the Global War on Terrorism, at great personal cost to— (A) the men and women serving on active duty in the Armed Forces; and (B) the individuals on whose support those men and women depend to fulfill their duties; (2) civil servants from Federal departments and agencies, the intelligence community, local emergency responders, and other civilian support personnel have made significant sacrifices in service in the Global War on Terrorism; (3) honoring the losses endured by the individuals described in paragraphs (1) and (2), together with their families, Congress in 2017 unanimously passed, and the President signed, the Global War on Terrorism War Memorial Act ( Public Law 115–51 ; 40 U.S.C. 8903 note), which allowed the Global War on Terrorism Memorial Foundation to establish on Federal land in the District of Columbia a memorial to the fallen of that conflict; and (4) given the significance of the Global War on Terrorism as the longest-running conflict in United States history and the magnitude of the sacrifice involved in operations in that conflict, it is appropriate to locate the National Global War on Terrorism Memorial within the Reserve alongside existing memorials to the major armed conflicts of the United States. (b) Definitions \nIn this section: (1) Memorial \nThe term Memorial means the National Global War on Terrorism Memorial authorized by subsection (c)(1). (2) Reserve \nThe term Reserve has the meaning given the term in section 8902(a) of title 40, United States Code. (c) Location of Memorial \n(1) Authorization \nNotwithstanding section 8908(c) of title 40, United States Code, the Global War on Terrorism Memorial Foundation may establish the National Global War on Terrorism Memorial within the Reserve. (2) Location \nThe Memorial shall be located at 1 of the following sites, as identified in, and in accordance with, the document commonly known as the Memorials and Museums Master Plan : (A) Potential Site 1—Constitution Gardens, Prime Candidate Site 10 in The Memorials and Museums Master Plan. (B) Potential Site 2—JFK Hockey Fields, Prime Candidate Site 18 in The Memorials and Museums Master Plan. (C) Potential Site 3—West Potomac Park, Candidate Site 70 in The Memorials and Museums Master Plan. (3) Commemorative Works Act \nExcept as otherwise provided in paragraphs (1) and (2), chapter 89 of title 40, United States Code (commonly known as the ‘‘Commemorative Works Act’’), shall apply to the Memorial.", "id": "H01848B37ED3D4E3CAD1A524E4FFF0066", "header": "National Global War on Terrorism Memorial" }, { "text": "2. National Global War on Terrorism Memorial \n(a) Site \nNotwithstanding section 8908(c) of title 40, United States Code, the National Global War on Terrorism Memorial authorized by section 2(a) of the Global War on Terrorism War Memorial Act ( 40 U.S.C. 8903 note; Public Law 115–51 ; 131 Stat. 1003) (referred to in this section as the Memorial ) shall be located within the Reserve (as defined in section 8902(a) of title 40, United States Code). (b) Applicability of Commemorative Works Act \nExcept as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Memorial.", "id": "id5fab5ffc88614f78807b9673bdd0af9e", "header": "National Global War on Terrorism Memorial" } ]
3
1. Short title This Act may be cited as the Global War on Terrorism Memorial Location Act. 2. National Global War on Terrorism Memorial (a) Findings Congress finds that— (1) approaching 2 decades after the September 11, 2001, attacks against the United States, the United States continues the Global War on Terrorism, at great personal cost to— (A) the men and women serving on active duty in the Armed Forces; and (B) the individuals on whose support those men and women depend to fulfill their duties; (2) civil servants from Federal departments and agencies, the intelligence community, local emergency responders, and other civilian support personnel have made significant sacrifices in service in the Global War on Terrorism; (3) honoring the losses endured by the individuals described in paragraphs (1) and (2), together with their families, Congress in 2017 unanimously passed, and the President signed, the Global War on Terrorism War Memorial Act ( Public Law 115–51 ; 40 U.S.C. 8903 note), which allowed the Global War on Terrorism Memorial Foundation to establish on Federal land in the District of Columbia a memorial to the fallen of that conflict; and (4) given the significance of the Global War on Terrorism as the longest-running conflict in United States history and the magnitude of the sacrifice involved in operations in that conflict, it is appropriate to locate the National Global War on Terrorism Memorial within the Reserve alongside existing memorials to the major armed conflicts of the United States. (b) Definitions In this section: (1) Memorial The term Memorial means the National Global War on Terrorism Memorial authorized by subsection (c)(1). (2) Reserve The term Reserve has the meaning given the term in section 8902(a) of title 40, United States Code. (c) Location of Memorial (1) Authorization Notwithstanding section 8908(c) of title 40, United States Code, the Global War on Terrorism Memorial Foundation may establish the National Global War on Terrorism Memorial within the Reserve. (2) Location The Memorial shall be located at 1 of the following sites, as identified in, and in accordance with, the document commonly known as the Memorials and Museums Master Plan : (A) Potential Site 1—Constitution Gardens, Prime Candidate Site 10 in The Memorials and Museums Master Plan. (B) Potential Site 2—JFK Hockey Fields, Prime Candidate Site 18 in The Memorials and Museums Master Plan. (C) Potential Site 3—West Potomac Park, Candidate Site 70 in The Memorials and Museums Master Plan. (3) Commemorative Works Act Except as otherwise provided in paragraphs (1) and (2), chapter 89 of title 40, United States Code (commonly known as the ‘‘Commemorative Works Act’’), shall apply to the Memorial. 2. National Global War on Terrorism Memorial (a) Site Notwithstanding section 8908(c) of title 40, United States Code, the National Global War on Terrorism Memorial authorized by section 2(a) of the Global War on Terrorism War Memorial Act ( 40 U.S.C. 8903 note; Public Law 115–51 ; 131 Stat. 1003) (referred to in this section as the Memorial ) shall be located within the Reserve (as defined in section 8902(a) of title 40, United States Code). (b) Applicability of Commemorative Works Act Except as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Memorial.
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To authorize the location of a memorial on the National Mall to commemorate and honor the members of the Armed Forces that served on active duty in support of the Global War on Terrorism, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Global War on Terrorism Memorial Location Act.", "id": "H91C88C42E775490890FDC52CEEB52764", "header": "Short title" }, { "text": "2. National Global War on Terrorism Memorial \n(a) Findings \nCongress finds that— (1) approaching 2 decades after the September 11, 2001, attacks against the United States, the United States continues the Global War on Terrorism, at great personal cost to— (A) the men and women serving on active duty in the Armed Forces; and (B) the individuals on whose support those men and women depend to fulfill their duties; (2) civil servants from Federal departments and agencies, the intelligence community, local emergency responders, and other civilian support personnel have made significant sacrifices in service in the Global War on Terrorism; (3) honoring the losses endured by the individuals described in paragraphs (1) and (2), together with their families, Congress in 2017 unanimously passed, and the President signed, the Global War on Terrorism War Memorial Act ( Public Law 115–51 ; 40 U.S.C. 8903 note), which allowed the Global War on Terrorism Memorial Foundation to establish on Federal land in the District of Columbia a memorial to the fallen of that conflict; and (4) given the significance of the Global War on Terrorism as the longest-running conflict in United States history and the magnitude of the sacrifice involved in operations in that conflict, it is appropriate to locate the National Global War on Terrorism Memorial within the Reserve alongside existing memorials to the major armed conflicts of the United States. (b) Definitions \nIn this section: (1) Memorial \nThe term Memorial means the National Global War on Terrorism Memorial authorized by subsection (c)(1). (2) Reserve \nThe term Reserve has the meaning given the term in section 8902(a) of title 40, United States Code. (c) Location of Memorial \n(1) Authorization \nNotwithstanding section 8908(c) of title 40, United States Code, the Global War on Terrorism Memorial Foundation may establish the National Global War on Terrorism Memorial within the Reserve. (2) Location \nThe Memorial shall be located at 1 of the following sites, as identified in, and in accordance with, the document commonly known as the Memorials and Museums Master Plan : (A) Potential Site 1—Constitution Gardens, Prime Candidate Site 10 in The Memorials and Museums Master Plan. (B) Potential Site 2—JFK Hockey Fields, Prime Candidate Site 18 in The Memorials and Museums Master Plan. (C) Potential Site 3—West Potomac Park, Candidate Site 70 in The Memorials and Museums Master Plan. (3) Commemorative Works Act \nExcept as otherwise provided in paragraphs (1) and (2), chapter 89 of title 40, United States Code (commonly known as the ‘‘Commemorative Works Act’’), shall apply to the Memorial.", "id": "H01848B37ED3D4E3CAD1A524E4FFF0066", "header": "National Global War on Terrorism Memorial" } ]
2
1. Short title This Act may be cited as the Global War on Terrorism Memorial Location Act. 2. National Global War on Terrorism Memorial (a) Findings Congress finds that— (1) approaching 2 decades after the September 11, 2001, attacks against the United States, the United States continues the Global War on Terrorism, at great personal cost to— (A) the men and women serving on active duty in the Armed Forces; and (B) the individuals on whose support those men and women depend to fulfill their duties; (2) civil servants from Federal departments and agencies, the intelligence community, local emergency responders, and other civilian support personnel have made significant sacrifices in service in the Global War on Terrorism; (3) honoring the losses endured by the individuals described in paragraphs (1) and (2), together with their families, Congress in 2017 unanimously passed, and the President signed, the Global War on Terrorism War Memorial Act ( Public Law 115–51 ; 40 U.S.C. 8903 note), which allowed the Global War on Terrorism Memorial Foundation to establish on Federal land in the District of Columbia a memorial to the fallen of that conflict; and (4) given the significance of the Global War on Terrorism as the longest-running conflict in United States history and the magnitude of the sacrifice involved in operations in that conflict, it is appropriate to locate the National Global War on Terrorism Memorial within the Reserve alongside existing memorials to the major armed conflicts of the United States. (b) Definitions In this section: (1) Memorial The term Memorial means the National Global War on Terrorism Memorial authorized by subsection (c)(1). (2) Reserve The term Reserve has the meaning given the term in section 8902(a) of title 40, United States Code. (c) Location of Memorial (1) Authorization Notwithstanding section 8908(c) of title 40, United States Code, the Global War on Terrorism Memorial Foundation may establish the National Global War on Terrorism Memorial within the Reserve. (2) Location The Memorial shall be located at 1 of the following sites, as identified in, and in accordance with, the document commonly known as the Memorials and Museums Master Plan : (A) Potential Site 1—Constitution Gardens, Prime Candidate Site 10 in The Memorials and Museums Master Plan. (B) Potential Site 2—JFK Hockey Fields, Prime Candidate Site 18 in The Memorials and Museums Master Plan. (C) Potential Site 3—West Potomac Park, Candidate Site 70 in The Memorials and Museums Master Plan. (3) Commemorative Works Act Except as otherwise provided in paragraphs (1) and (2), chapter 89 of title 40, United States Code (commonly known as the ‘‘Commemorative Works Act’’), shall apply to the Memorial.
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is
To repeal the authority under the National Labor Relations Act for States to enact laws prohibiting agreements requiring membership in a labor organization as a condition of employment, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Nationwide Right To Unionize Act.", "id": "S1", "header": "Short title" }, { "text": "2. Preempting State right-to-work laws \nSubsection (b) of section 14 of the National Labor Relations Act ( 29 U.S.C. 164 ) is repealed.", "id": "idFF8AE97D0A7748D7938AC82EB2AD452A", "header": "Preempting State right-to-work laws" } ]
2
1. Short title This Act may be cited as the Nationwide Right To Unionize Act. 2. Preempting State right-to-work laws Subsection (b) of section 14 of the National Labor Relations Act ( 29 U.S.C. 164 ) is repealed.
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117
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is
To direct the Federal Communications Commission to establish a program to make grants to States to inform Medicaid enrollees, SNAP participants, and low-income residents of potential eligibility for the Lifeline program of the Commission.
[ { "text": "1. Short title \nThis Act may be cited as the Promoting Access to Broadband Act of 2021.", "id": "H65387790C31F43709A3FB7491AE31887", "header": "Short title" }, { "text": "2. Lifeline enrollment outreach grants \n(a) Definitions \nIn this section: (1) Commission \nThe term Commission means the Federal Communications Commission. (2) Covered individuals \nThe term covered individuals means— (A) Medicaid enrollees; (B) SNAP participants; and (C) low-income residents. (3) Eligible-but-not-enrolled \nThe term eligible-but-not-enrolled means, with respect to an individual, that the individual is eligible for the Lifeline program but is not enrolled in the Lifeline program. (4) Lifeline program \nThe term Lifeline program means the Lifeline program of the Commission. (5) Low-income \nThe term low-income means a gross annual income at or below 135 percent of the Federal poverty level. (6) Medicaid enrollee \nThe term Medicaid enrollee means, with respect to a State, an individual enrolled in the State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) or a waiver of that plan. (7) Reach \nThe term reach means, with respect to an individual, to inform the individual of potential eligibility for the Lifeline program and to provide the individual with information about the Lifeline program, as described in subsection (e). (8) SNAP participant \nThe term SNAP participant means an individual who is a member of a household that participates in the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). (9) State \nThe term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (b) Establishment \nThe Commission shall establish a competitive program to make grants to States to inform covered individuals of potential eligibility for the Lifeline program. (c) Application \n(1) In general \nThe Commission may only award a grant under this section to a State that submits an application at such time, in such form, and with such information and assurances as the Commission may require. (2) Matters required to be included \nAn application submitted by a State under paragraph (1) shall include— (A) the number of covered individuals in the State; (B) a plan for the activities that the State will conduct using grant funds, including a list of each agency within the State that will assist in carrying out those activities; and (C) an estimate of the percentage of eligible-but-not-enrolled individuals in the State who will be reached by those activities. (d) Selection \n(1) Minimum of 5 States \nThe Commission shall award grants under this section to not fewer than 5 States. (2) Factors for consideration \nIn awarding grants under this section, the Commission shall give favorable consideration— (A) to States that have higher numbers of covered individuals; and (B) to States proposing, in the plans submitted under subsection (c)(2)(B), to conduct activities that have the potential to reach higher percentages of eligible-but-not-enrolled individuals in those States, as determined by the Commission, taking into consideration the estimates submitted under subsection (c)(2)(C). (3) Geographic diversity \nIn awarding grants under this section, the Commission shall, to the maximum extent practicable, select States from different geographic regions of the United States. (e) Use of funds \n(1) In general \nA State that receives a grant under this section shall use grant funds, in accordance with the plan included in the application of the State under subsection (c)(2)(B), to— (A) inform covered individuals and organizations or agencies that serve those individuals, as the case may be under the terms of the grant awarded to the State, of potential eligibility for the Lifeline program; (B) provide those covered individuals with information about the Lifeline program, including— (i) how to apply for the Lifeline program; and (ii) a description of the prohibition on more than 1 subscriber in each household receiving a service provided under the Lifeline program; and (C) partner with nonprofit and community-based organizations to provide those covered individuals with assistance applying for the Lifeline program and information about product and technology choices. (2) Multiple State agencies \nA State that receives a grant under this section may provide grant funds to 1 or more agencies located within the State to carry out the activities under the grant. (f) Outreach to States regarding grant program \nBefore accepting applications for the grant program established under this section, the Commission shall conduct outreach to States to ensure that States are aware of the grant program and how to apply for a grant under the grant program. (g) Report to Congress \n(1) In general \nNot later than 3 years after establishing the grant program under this section, the Commission shall submit to Congress a report evaluating the effectiveness of the grant program. (2) Contents \nThe report submitted under paragraph (1) shall include— (A) the number of individuals notified of Lifeline program eligibility by States receiving grants under this section; (B) the number of new applicants to the Lifeline program from States receiving grants under this section, including the number of those applicants whose Lifeline program applications were approved and the number of those applicants whose Lifeline program applications were denied; and (C) the cost-effectiveness of the grant program established under this section. (h) Authorization of appropriations \nThere is authorized to be appropriated to the Commission such sums as may be necessary to carry out this section for the first 5 full fiscal years beginning after the establishment of the grant program under this section.", "id": "H058E48E87ED84B2489A5690BADDCB45D", "header": "Lifeline enrollment outreach grants" } ]
2
1. Short title This Act may be cited as the Promoting Access to Broadband Act of 2021. 2. Lifeline enrollment outreach grants (a) Definitions In this section: (1) Commission The term Commission means the Federal Communications Commission. (2) Covered individuals The term covered individuals means— (A) Medicaid enrollees; (B) SNAP participants; and (C) low-income residents. (3) Eligible-but-not-enrolled The term eligible-but-not-enrolled means, with respect to an individual, that the individual is eligible for the Lifeline program but is not enrolled in the Lifeline program. (4) Lifeline program The term Lifeline program means the Lifeline program of the Commission. (5) Low-income The term low-income means a gross annual income at or below 135 percent of the Federal poverty level. (6) Medicaid enrollee The term Medicaid enrollee means, with respect to a State, an individual enrolled in the State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) or a waiver of that plan. (7) Reach The term reach means, with respect to an individual, to inform the individual of potential eligibility for the Lifeline program and to provide the individual with information about the Lifeline program, as described in subsection (e). (8) SNAP participant The term SNAP participant means an individual who is a member of a household that participates in the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). (9) State The term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (b) Establishment The Commission shall establish a competitive program to make grants to States to inform covered individuals of potential eligibility for the Lifeline program. (c) Application (1) In general The Commission may only award a grant under this section to a State that submits an application at such time, in such form, and with such information and assurances as the Commission may require. (2) Matters required to be included An application submitted by a State under paragraph (1) shall include— (A) the number of covered individuals in the State; (B) a plan for the activities that the State will conduct using grant funds, including a list of each agency within the State that will assist in carrying out those activities; and (C) an estimate of the percentage of eligible-but-not-enrolled individuals in the State who will be reached by those activities. (d) Selection (1) Minimum of 5 States The Commission shall award grants under this section to not fewer than 5 States. (2) Factors for consideration In awarding grants under this section, the Commission shall give favorable consideration— (A) to States that have higher numbers of covered individuals; and (B) to States proposing, in the plans submitted under subsection (c)(2)(B), to conduct activities that have the potential to reach higher percentages of eligible-but-not-enrolled individuals in those States, as determined by the Commission, taking into consideration the estimates submitted under subsection (c)(2)(C). (3) Geographic diversity In awarding grants under this section, the Commission shall, to the maximum extent practicable, select States from different geographic regions of the United States. (e) Use of funds (1) In general A State that receives a grant under this section shall use grant funds, in accordance with the plan included in the application of the State under subsection (c)(2)(B), to— (A) inform covered individuals and organizations or agencies that serve those individuals, as the case may be under the terms of the grant awarded to the State, of potential eligibility for the Lifeline program; (B) provide those covered individuals with information about the Lifeline program, including— (i) how to apply for the Lifeline program; and (ii) a description of the prohibition on more than 1 subscriber in each household receiving a service provided under the Lifeline program; and (C) partner with nonprofit and community-based organizations to provide those covered individuals with assistance applying for the Lifeline program and information about product and technology choices. (2) Multiple State agencies A State that receives a grant under this section may provide grant funds to 1 or more agencies located within the State to carry out the activities under the grant. (f) Outreach to States regarding grant program Before accepting applications for the grant program established under this section, the Commission shall conduct outreach to States to ensure that States are aware of the grant program and how to apply for a grant under the grant program. (g) Report to Congress (1) In general Not later than 3 years after establishing the grant program under this section, the Commission shall submit to Congress a report evaluating the effectiveness of the grant program. (2) Contents The report submitted under paragraph (1) shall include— (A) the number of individuals notified of Lifeline program eligibility by States receiving grants under this section; (B) the number of new applicants to the Lifeline program from States receiving grants under this section, including the number of those applicants whose Lifeline program applications were approved and the number of those applicants whose Lifeline program applications were denied; and (C) the cost-effectiveness of the grant program established under this section. (h) Authorization of appropriations There is authorized to be appropriated to the Commission such sums as may be necessary to carry out this section for the first 5 full fiscal years beginning after the establishment of the grant program under this section.
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To specify the state of mind required for conviction for criminal offenses that lack an expressly identified state of mind, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Mens Rea Reform Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. State of mind element for criminal offenses \n(a) In general \nChapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. State of mind when not otherwise specifically provided \n(a) Definitions \nIn this section— (1) the term covered offense — (A) means an offense— (i) specified in— (I) this title or any other Act of Congress; (II) any regulation; or (III) any law (including regulations) of any State or foreign government incorporated by reference into this title or any other Act of Congress; and (ii) that is punishable by imprisonment, a maximum criminal fine of at least $2,500, or both; and (B) does not include— (i) any offense set forth in chapter 47 or chapter 47A of title 10; or (ii) any offense incorporated by section 13(a) of this title; (2) the term knowingly , as related to an element of an offense, means— (A) if the element involves the nature of the conduct of a person or the attendant circumstances, that the person is aware that the conduct of the person is of that nature or that such circumstances exist; and (B) if the element involves a result of the conduct of a person, that the person is aware that it is practically certain that the conduct of the person will cause such a result; (3) the term state of mind means willfully, intentionally, maliciously, knowingly, recklessly, wantonly, negligently, with reason to believe, or any other word or phrase that is synonymous with or substantially similar to any such term; and (4) the term willfully , as related to an element of an offense, means— (A) that the person acted with knowledge that the person’s conduct was unlawful; and (B) if the element involves the nature, attendant circumstances, object, or result of the conduct of a person, that— (i) the person had knowledge of the nature, attendant circumstances, object, or result of his or her conduct; and (ii) it was the conscious object of the person to engage in conduct— (I) of that nature; (II) with that attendant circumstance; (III) with that object; or (IV) to cause such a result. (b) Default requirement \nExcept as provided in subsections (c) and (d), a covered offense shall be construed to require the Government to prove beyond a reasonable doubt that the defendant acted— (1) with the state of mind specified in the text of the covered offense for each element of the offense for which the text specifies a state of mind; and (2) willfully, with respect to any element of the offense for which the text of the covered offense does not specify a state of mind. (c) Failure To distinguish among elements \nExcept as provided in subsection (d), if the text of a covered offense specifies the state of mind required for commission of the covered offense without specifying the elements of the covered offense to which the state of mind applies, the state of mind specified shall apply to all elements of the covered offense, unless a contrary purpose plainly appears. (d) Exceptions \n(1) In general \nSubsections (b)(2) and (c) shall not apply with respect to— (A) any element for which the text of the covered offense makes clear that Congress affirmatively intended not to require the Government to prove any state of mind with respect to such element; (B) any element of a covered offense, to the extent that the element establishes— (i) subject matter jurisdiction over the covered offense; or (ii) venue with respect to trial of the covered offense; or (C) any element of a covered offense, to the extent that applying subsections (b)(2) and (c) to such element would lessen the degree of mental culpability that the Government is required to prove with respect to that element under— (i) precedent of the Supreme Court of the United States; or (ii) any other provision of this title, any other Act of Congress, or any regulation. (2) Mere absence insufficient \nFor purposes of paragraph (1)(A), the mere absence of a specified state of mind for an element of a covered offense in the text of the covered offense shall not be construed to mean that Congress affirmatively intended not to require the Government to prove any state of mind with respect to that element. (e) Applicability \nThis section shall apply with respect to a covered offense— (1) without regard to whether the provision or provisions specifying the covered offense are enacted, promulgated, or finalized before, on, or after the date of enactment of this section; and (2) that occurred— (A) on or after the date of enactment of this section; or (B) before the date of enactment of this section, unless— (i) applying this section to such covered offense would— (I) punish as a crime conduct that was innocent when done; (II) increase the punishment for the covered offense; or (III) deprive a person charged with the covered offense of any defense available according to law at the time the covered offense occurred; (ii) a jury has been empaneled and sworn in a prosecution for the covered offense before the date of enactment of this section; (iii) the first witness has been sworn in a prosecution for the covered offense tried without a jury before the date of enactment of this section; or (iv) a sentence has been imposed following a plea of guilty or nolo contendere in a prosecution for the covered offense before the date of enactment of this section. (f) Subsequently enacted laws \nNo law enacted after the date of enactment of this section shall be construed to repeal, modify the text or effect of, or supersede in whole or in part this section, unless such law specifically refers to this section and explicitly repeals, modifies the text or effect of, or supersedes in whole or in part this section.. (b) Technical and conforming amendment \nThe table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. State of mind when not otherwise specifically provided..", "id": "idA141E44B628C485BB1E2CAE5235F26F1", "header": "State of mind element for criminal offenses" }, { "text": "28. State of mind when not otherwise specifically provided \n(a) Definitions \nIn this section— (1) the term covered offense — (A) means an offense— (i) specified in— (I) this title or any other Act of Congress; (II) any regulation; or (III) any law (including regulations) of any State or foreign government incorporated by reference into this title or any other Act of Congress; and (ii) that is punishable by imprisonment, a maximum criminal fine of at least $2,500, or both; and (B) does not include— (i) any offense set forth in chapter 47 or chapter 47A of title 10; or (ii) any offense incorporated by section 13(a) of this title; (2) the term knowingly , as related to an element of an offense, means— (A) if the element involves the nature of the conduct of a person or the attendant circumstances, that the person is aware that the conduct of the person is of that nature or that such circumstances exist; and (B) if the element involves a result of the conduct of a person, that the person is aware that it is practically certain that the conduct of the person will cause such a result; (3) the term state of mind means willfully, intentionally, maliciously, knowingly, recklessly, wantonly, negligently, with reason to believe, or any other word or phrase that is synonymous with or substantially similar to any such term; and (4) the term willfully , as related to an element of an offense, means— (A) that the person acted with knowledge that the person’s conduct was unlawful; and (B) if the element involves the nature, attendant circumstances, object, or result of the conduct of a person, that— (i) the person had knowledge of the nature, attendant circumstances, object, or result of his or her conduct; and (ii) it was the conscious object of the person to engage in conduct— (I) of that nature; (II) with that attendant circumstance; (III) with that object; or (IV) to cause such a result. (b) Default requirement \nExcept as provided in subsections (c) and (d), a covered offense shall be construed to require the Government to prove beyond a reasonable doubt that the defendant acted— (1) with the state of mind specified in the text of the covered offense for each element of the offense for which the text specifies a state of mind; and (2) willfully, with respect to any element of the offense for which the text of the covered offense does not specify a state of mind. (c) Failure To distinguish among elements \nExcept as provided in subsection (d), if the text of a covered offense specifies the state of mind required for commission of the covered offense without specifying the elements of the covered offense to which the state of mind applies, the state of mind specified shall apply to all elements of the covered offense, unless a contrary purpose plainly appears. (d) Exceptions \n(1) In general \nSubsections (b)(2) and (c) shall not apply with respect to— (A) any element for which the text of the covered offense makes clear that Congress affirmatively intended not to require the Government to prove any state of mind with respect to such element; (B) any element of a covered offense, to the extent that the element establishes— (i) subject matter jurisdiction over the covered offense; or (ii) venue with respect to trial of the covered offense; or (C) any element of a covered offense, to the extent that applying subsections (b)(2) and (c) to such element would lessen the degree of mental culpability that the Government is required to prove with respect to that element under— (i) precedent of the Supreme Court of the United States; or (ii) any other provision of this title, any other Act of Congress, or any regulation. (2) Mere absence insufficient \nFor purposes of paragraph (1)(A), the mere absence of a specified state of mind for an element of a covered offense in the text of the covered offense shall not be construed to mean that Congress affirmatively intended not to require the Government to prove any state of mind with respect to that element. (e) Applicability \nThis section shall apply with respect to a covered offense— (1) without regard to whether the provision or provisions specifying the covered offense are enacted, promulgated, or finalized before, on, or after the date of enactment of this section; and (2) that occurred— (A) on or after the date of enactment of this section; or (B) before the date of enactment of this section, unless— (i) applying this section to such covered offense would— (I) punish as a crime conduct that was innocent when done; (II) increase the punishment for the covered offense; or (III) deprive a person charged with the covered offense of any defense available according to law at the time the covered offense occurred; (ii) a jury has been empaneled and sworn in a prosecution for the covered offense before the date of enactment of this section; (iii) the first witness has been sworn in a prosecution for the covered offense tried without a jury before the date of enactment of this section; or (iv) a sentence has been imposed following a plea of guilty or nolo contendere in a prosecution for the covered offense before the date of enactment of this section. (f) Subsequently enacted laws \nNo law enacted after the date of enactment of this section shall be construed to repeal, modify the text or effect of, or supersede in whole or in part this section, unless such law specifically refers to this section and explicitly repeals, modifies the text or effect of, or supersedes in whole or in part this section.", "id": "idcca13576bf0d48e0a340ff4026da04e2", "header": "State of mind when not otherwise specifically provided" } ]
3
1. Short title This Act may be cited as the Mens Rea Reform Act of 2021. 2. State of mind element for criminal offenses (a) In general Chapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. State of mind when not otherwise specifically provided (a) Definitions In this section— (1) the term covered offense — (A) means an offense— (i) specified in— (I) this title or any other Act of Congress; (II) any regulation; or (III) any law (including regulations) of any State or foreign government incorporated by reference into this title or any other Act of Congress; and (ii) that is punishable by imprisonment, a maximum criminal fine of at least $2,500, or both; and (B) does not include— (i) any offense set forth in chapter 47 or chapter 47A of title 10; or (ii) any offense incorporated by section 13(a) of this title; (2) the term knowingly , as related to an element of an offense, means— (A) if the element involves the nature of the conduct of a person or the attendant circumstances, that the person is aware that the conduct of the person is of that nature or that such circumstances exist; and (B) if the element involves a result of the conduct of a person, that the person is aware that it is practically certain that the conduct of the person will cause such a result; (3) the term state of mind means willfully, intentionally, maliciously, knowingly, recklessly, wantonly, negligently, with reason to believe, or any other word or phrase that is synonymous with or substantially similar to any such term; and (4) the term willfully , as related to an element of an offense, means— (A) that the person acted with knowledge that the person’s conduct was unlawful; and (B) if the element involves the nature, attendant circumstances, object, or result of the conduct of a person, that— (i) the person had knowledge of the nature, attendant circumstances, object, or result of his or her conduct; and (ii) it was the conscious object of the person to engage in conduct— (I) of that nature; (II) with that attendant circumstance; (III) with that object; or (IV) to cause such a result. (b) Default requirement Except as provided in subsections (c) and (d), a covered offense shall be construed to require the Government to prove beyond a reasonable doubt that the defendant acted— (1) with the state of mind specified in the text of the covered offense for each element of the offense for which the text specifies a state of mind; and (2) willfully, with respect to any element of the offense for which the text of the covered offense does not specify a state of mind. (c) Failure To distinguish among elements Except as provided in subsection (d), if the text of a covered offense specifies the state of mind required for commission of the covered offense without specifying the elements of the covered offense to which the state of mind applies, the state of mind specified shall apply to all elements of the covered offense, unless a contrary purpose plainly appears. (d) Exceptions (1) In general Subsections (b)(2) and (c) shall not apply with respect to— (A) any element for which the text of the covered offense makes clear that Congress affirmatively intended not to require the Government to prove any state of mind with respect to such element; (B) any element of a covered offense, to the extent that the element establishes— (i) subject matter jurisdiction over the covered offense; or (ii) venue with respect to trial of the covered offense; or (C) any element of a covered offense, to the extent that applying subsections (b)(2) and (c) to such element would lessen the degree of mental culpability that the Government is required to prove with respect to that element under— (i) precedent of the Supreme Court of the United States; or (ii) any other provision of this title, any other Act of Congress, or any regulation. (2) Mere absence insufficient For purposes of paragraph (1)(A), the mere absence of a specified state of mind for an element of a covered offense in the text of the covered offense shall not be construed to mean that Congress affirmatively intended not to require the Government to prove any state of mind with respect to that element. (e) Applicability This section shall apply with respect to a covered offense— (1) without regard to whether the provision or provisions specifying the covered offense are enacted, promulgated, or finalized before, on, or after the date of enactment of this section; and (2) that occurred— (A) on or after the date of enactment of this section; or (B) before the date of enactment of this section, unless— (i) applying this section to such covered offense would— (I) punish as a crime conduct that was innocent when done; (II) increase the punishment for the covered offense; or (III) deprive a person charged with the covered offense of any defense available according to law at the time the covered offense occurred; (ii) a jury has been empaneled and sworn in a prosecution for the covered offense before the date of enactment of this section; (iii) the first witness has been sworn in a prosecution for the covered offense tried without a jury before the date of enactment of this section; or (iv) a sentence has been imposed following a plea of guilty or nolo contendere in a prosecution for the covered offense before the date of enactment of this section. (f) Subsequently enacted laws No law enacted after the date of enactment of this section shall be construed to repeal, modify the text or effect of, or supersede in whole or in part this section, unless such law specifically refers to this section and explicitly repeals, modifies the text or effect of, or supersedes in whole or in part this section.. (b) Technical and conforming amendment The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. State of mind when not otherwise specifically provided.. 28. State of mind when not otherwise specifically provided (a) Definitions In this section— (1) the term covered offense — (A) means an offense— (i) specified in— (I) this title or any other Act of Congress; (II) any regulation; or (III) any law (including regulations) of any State or foreign government incorporated by reference into this title or any other Act of Congress; and (ii) that is punishable by imprisonment, a maximum criminal fine of at least $2,500, or both; and (B) does not include— (i) any offense set forth in chapter 47 or chapter 47A of title 10; or (ii) any offense incorporated by section 13(a) of this title; (2) the term knowingly , as related to an element of an offense, means— (A) if the element involves the nature of the conduct of a person or the attendant circumstances, that the person is aware that the conduct of the person is of that nature or that such circumstances exist; and (B) if the element involves a result of the conduct of a person, that the person is aware that it is practically certain that the conduct of the person will cause such a result; (3) the term state of mind means willfully, intentionally, maliciously, knowingly, recklessly, wantonly, negligently, with reason to believe, or any other word or phrase that is synonymous with or substantially similar to any such term; and (4) the term willfully , as related to an element of an offense, means— (A) that the person acted with knowledge that the person’s conduct was unlawful; and (B) if the element involves the nature, attendant circumstances, object, or result of the conduct of a person, that— (i) the person had knowledge of the nature, attendant circumstances, object, or result of his or her conduct; and (ii) it was the conscious object of the person to engage in conduct— (I) of that nature; (II) with that attendant circumstance; (III) with that object; or (IV) to cause such a result. (b) Default requirement Except as provided in subsections (c) and (d), a covered offense shall be construed to require the Government to prove beyond a reasonable doubt that the defendant acted— (1) with the state of mind specified in the text of the covered offense for each element of the offense for which the text specifies a state of mind; and (2) willfully, with respect to any element of the offense for which the text of the covered offense does not specify a state of mind. (c) Failure To distinguish among elements Except as provided in subsection (d), if the text of a covered offense specifies the state of mind required for commission of the covered offense without specifying the elements of the covered offense to which the state of mind applies, the state of mind specified shall apply to all elements of the covered offense, unless a contrary purpose plainly appears. (d) Exceptions (1) In general Subsections (b)(2) and (c) shall not apply with respect to— (A) any element for which the text of the covered offense makes clear that Congress affirmatively intended not to require the Government to prove any state of mind with respect to such element; (B) any element of a covered offense, to the extent that the element establishes— (i) subject matter jurisdiction over the covered offense; or (ii) venue with respect to trial of the covered offense; or (C) any element of a covered offense, to the extent that applying subsections (b)(2) and (c) to such element would lessen the degree of mental culpability that the Government is required to prove with respect to that element under— (i) precedent of the Supreme Court of the United States; or (ii) any other provision of this title, any other Act of Congress, or any regulation. (2) Mere absence insufficient For purposes of paragraph (1)(A), the mere absence of a specified state of mind for an element of a covered offense in the text of the covered offense shall not be construed to mean that Congress affirmatively intended not to require the Government to prove any state of mind with respect to that element. (e) Applicability This section shall apply with respect to a covered offense— (1) without regard to whether the provision or provisions specifying the covered offense are enacted, promulgated, or finalized before, on, or after the date of enactment of this section; and (2) that occurred— (A) on or after the date of enactment of this section; or (B) before the date of enactment of this section, unless— (i) applying this section to such covered offense would— (I) punish as a crime conduct that was innocent when done; (II) increase the punishment for the covered offense; or (III) deprive a person charged with the covered offense of any defense available according to law at the time the covered offense occurred; (ii) a jury has been empaneled and sworn in a prosecution for the covered offense before the date of enactment of this section; (iii) the first witness has been sworn in a prosecution for the covered offense tried without a jury before the date of enactment of this section; or (iv) a sentence has been imposed following a plea of guilty or nolo contendere in a prosecution for the covered offense before the date of enactment of this section. (f) Subsequently enacted laws No law enacted after the date of enactment of this section shall be construed to repeal, modify the text or effect of, or supersede in whole or in part this section, unless such law specifically refers to this section and explicitly repeals, modifies the text or effect of, or supersedes in whole or in part this section.
11,477
117s4812is
117
s
4,812
is
To amend chapter 44 of title 18, United States Code, to restrict the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Fire Sale Loophole Closing Act.", "id": "HB331B56EC32A48E7AE4CBE7A23044FA3", "header": "Short title" }, { "text": "2. Restrictions on the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms \n(a) Restrictions \nSection 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) (A) It shall be unlawful for a person who has been notified by the Attorney General that the Attorney General has made a determination to revoke a license issued to the person under this chapter to import, manufacture, or deal in firearms, or to deny an application of the person to renew such a license, to— (i) transfer a business inventory firearm of the person— (I) into a personal collection of the person; or (II) to an employee of the person, or to an individual described in section 923(d)(1)(B) with respect to the person; or (ii) receive a firearm that was a business inventory firearm of the person as of the date the person received the notice. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is rescinded. (2) (A) It shall be unlawful for a person, on or after the effective date of the revocation of a license issued to the person under this chapter to import, manufacture, or deal in firearms, or (in the case that the application of the person to renew such a license is denied) on or after the date the license expires, to— (i) engage in conduct prohibited by paragraph (1); or (ii) transfer to any other person (except a person licensed under this chapter or a Federal, State, or local law enforcement agency) a firearm that was a business inventory firearm of the person as of the effective date or expiration date, as the case may be. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is rescinded.. (b) Business inventory defined \nSection 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) Business inventory firearm \nThe term business inventory firearm means, with respect to a person, a firearm required by law to be recorded in the acquisition and disposition logs of any firearms business of the person.. (c) Conforming amendment \nSection 923(c) of title 18, United States Code, is amended, in the second sentence, by inserting section 922(aa) and to after subject only to. (d) Penalties \nSection 924(a) of title 18, United States Code, is amended by adding at the end the following: (8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 1 year (or, if the violation was willful, 5 years), or both.. (e) Requirement that license revocation or application denial notice include text of law prohibiting dealing in firearms without a Federal firearms license and restricting transfer of firearms after receipt of official license revocation or renewal application denial notice \nSection 923(f)(1) of title 18, United States Code, is amended, in the last sentence, by inserting , and shall set forth the provisions of Federal law (including regulations) that prohibit a person not licensed under this chapter from engaging in the business of dealing in firearms or are relevant in determining whether a person is doing so, and the provisions of section 922(aa) before the period at the end.", "id": "H4B393DAF31164B27AAA8A9C50DFB4B8A", "header": "Restrictions on the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms" } ]
2
1. Short title This Act may be cited as the Fire Sale Loophole Closing Act. 2. Restrictions on the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms (a) Restrictions Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) (A) It shall be unlawful for a person who has been notified by the Attorney General that the Attorney General has made a determination to revoke a license issued to the person under this chapter to import, manufacture, or deal in firearms, or to deny an application of the person to renew such a license, to— (i) transfer a business inventory firearm of the person— (I) into a personal collection of the person; or (II) to an employee of the person, or to an individual described in section 923(d)(1)(B) with respect to the person; or (ii) receive a firearm that was a business inventory firearm of the person as of the date the person received the notice. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is rescinded. (2) (A) It shall be unlawful for a person, on or after the effective date of the revocation of a license issued to the person under this chapter to import, manufacture, or deal in firearms, or (in the case that the application of the person to renew such a license is denied) on or after the date the license expires, to— (i) engage in conduct prohibited by paragraph (1); or (ii) transfer to any other person (except a person licensed under this chapter or a Federal, State, or local law enforcement agency) a firearm that was a business inventory firearm of the person as of the effective date or expiration date, as the case may be. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is rescinded.. (b) Business inventory defined Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) Business inventory firearm The term business inventory firearm means, with respect to a person, a firearm required by law to be recorded in the acquisition and disposition logs of any firearms business of the person.. (c) Conforming amendment Section 923(c) of title 18, United States Code, is amended, in the second sentence, by inserting section 922(aa) and to after subject only to. (d) Penalties Section 924(a) of title 18, United States Code, is amended by adding at the end the following: (8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 1 year (or, if the violation was willful, 5 years), or both.. (e) Requirement that license revocation or application denial notice include text of law prohibiting dealing in firearms without a Federal firearms license and restricting transfer of firearms after receipt of official license revocation or renewal application denial notice Section 923(f)(1) of title 18, United States Code, is amended, in the last sentence, by inserting , and shall set forth the provisions of Federal law (including regulations) that prohibit a person not licensed under this chapter from engaging in the business of dealing in firearms or are relevant in determining whether a person is doing so, and the provisions of section 922(aa) before the period at the end.
3,501
117s850is
117
s
850
is
To amend the Federal Election Campaign Act of 1971 to require all political committees to notify the Federal Election Commission within 48 hours of receiving cumulative contributions of $1,000 or more from any contributor during a calendar year, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Real Time Transparency Act.", "id": "id206CD5E080594D3FB02EFE6DE97CC04F", "header": "Short title" }, { "text": "2. 48-hour notification required for all political committees receiving cumulative contributions of $1,000 or more during a year from any contributor \n(a) Notification \nSection 304(a)(6)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(a)(6)(A) ) is amended to read as follows: (A) (i) If a political committee receives an aggregate amount of contributions equal to or greater than $1,000 from any contributor during a calendar year, the committee shall submit a notification to the Commission containing the name of the committee (and, in the case of an authorized committee of a candidate, the name of the candidate and the office sought by the candidate), the identification of the contributor, and the date of receipt and amount of the contributions involved. (ii) If, at any time after a political committee is required to submit a notification under this subparagraph with respect to a contributor during a calendar year, the political committee receives additional contributions from that contributor during that year, the committee shall submit an additional notification under clause (i) with respect to such contributor each time the aggregate amount of the additional contributions received from the contributor during the year equals or exceeds $1,000 (excluding the amount of any contribution for which information is required to be included in a previous notification under this subparagraph). (iii) The political committee shall submit the notification required under this subparagraph with respect to a contributor— (I) in the case of a notification described in clause (i), not later than 48 hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year first equals or exceeds $1,000; or (II) in the case of an additional notification described in clause (ii), not later than 48 hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year for which information was not already included in a notification under this subparagraph first equals or exceeds $1,000. (iv) For purposes of this subparagraph, any amount transferred by a joint fundraising committee which is established by an authorized committee of a candidate to any other authorized committee of that candidate shall be treated as a contribution by the joint fundraising committee to such authorized committee.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to contributions received by a political committee under the Federal Election Campaign Act of 1971 during 2021 or any succeeding year, except that nothing in such amendment may be construed to require a political committee which does not receive contributions during the portion of 2021 which occurs after the date of the enactment of this Act to meet the requirements of section 304(a)(6)(A) of the Federal Election Campaign Act of 1971, as amended by subsection (a).", "id": "HA47863C6E1994462801DFABACF3B5801", "header": "48-hour notification required for all political committees receiving cumulative contributions of $1,000 or more during a year from any contributor" } ]
2
1. Short title This Act may be cited as the Real Time Transparency Act. 2. 48-hour notification required for all political committees receiving cumulative contributions of $1,000 or more during a year from any contributor (a) Notification Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(a)(6)(A) ) is amended to read as follows: (A) (i) If a political committee receives an aggregate amount of contributions equal to or greater than $1,000 from any contributor during a calendar year, the committee shall submit a notification to the Commission containing the name of the committee (and, in the case of an authorized committee of a candidate, the name of the candidate and the office sought by the candidate), the identification of the contributor, and the date of receipt and amount of the contributions involved. (ii) If, at any time after a political committee is required to submit a notification under this subparagraph with respect to a contributor during a calendar year, the political committee receives additional contributions from that contributor during that year, the committee shall submit an additional notification under clause (i) with respect to such contributor each time the aggregate amount of the additional contributions received from the contributor during the year equals or exceeds $1,000 (excluding the amount of any contribution for which information is required to be included in a previous notification under this subparagraph). (iii) The political committee shall submit the notification required under this subparagraph with respect to a contributor— (I) in the case of a notification described in clause (i), not later than 48 hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year first equals or exceeds $1,000; or (II) in the case of an additional notification described in clause (ii), not later than 48 hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year for which information was not already included in a notification under this subparagraph first equals or exceeds $1,000. (iv) For purposes of this subparagraph, any amount transferred by a joint fundraising committee which is established by an authorized committee of a candidate to any other authorized committee of that candidate shall be treated as a contribution by the joint fundraising committee to such authorized committee.. (b) Effective date The amendment made by subsection (a) shall apply with respect to contributions received by a political committee under the Federal Election Campaign Act of 1971 during 2021 or any succeeding year, except that nothing in such amendment may be construed to require a political committee which does not receive contributions during the portion of 2021 which occurs after the date of the enactment of this Act to meet the requirements of section 304(a)(6)(A) of the Federal Election Campaign Act of 1971, as amended by subsection (a).
3,054
117s4940is
117
s
4,940
is
To prohibit the Secretary of the Interior and the Secretary of Agriculture from prohibiting the use of lead ammunition or tackle on certain Federal land or water under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting Access for Hunters and Anglers Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Protecting access for hunters and anglers on Federal land and water \n(a) In general \nExcept as provided in section 20.21 or 20.108 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act), and subsection (b), the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service or the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the applicable Secretary ), may not— (1) prohibit the use of lead ammunition or tackle on Federal land or water that is— (A) under the jurisdiction of the applicable Secretary; and (B) made available for hunting or fishing activities; or (2) issue regulations relating to the level of lead in ammunition or tackle to be used on Federal land or water described in paragraph (1). (b) Exception \nSubsection (a) shall not apply to a prohibition or regulations described in that subsection that are limited to a specific unit of Federal land or water, if the applicable Secretary determines that— (1) a decline in wildlife population at the specific unit of Federal land or water is primarily caused by the use of lead in ammunition or tackle, based on the field data from the specific unit of Federal land or water; and (2) the prohibition or regulations, as applicable, are— (A) consistent with the law of the State in which the specific Federal land or water is located; (B) consistent with an applicable policy of the fish and wildlife department of the State in which the specific Federal land or water is located; or (C) approved by the applicable fish and wildlife department of the State in which the specific Federal land or water is located. (c) Federal register notice \nThe applicable Secretary shall include in a Federal Register notice with respect to any prohibition or regulations that meet the requirements of paragraphs (1) and (2) of subsection (b) an explanation of how the prohibition or regulations, as applicable, meet those requirements.", "id": "id2D93C3B79F8A4B148651904E46BF54E3", "header": "Protecting access for hunters and anglers on Federal land and water" } ]
2
1. Short title This Act may be cited as the Protecting Access for Hunters and Anglers Act of 2022. 2. Protecting access for hunters and anglers on Federal land and water (a) In general Except as provided in section 20.21 or 20.108 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act), and subsection (b), the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service or the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the applicable Secretary ), may not— (1) prohibit the use of lead ammunition or tackle on Federal land or water that is— (A) under the jurisdiction of the applicable Secretary; and (B) made available for hunting or fishing activities; or (2) issue regulations relating to the level of lead in ammunition or tackle to be used on Federal land or water described in paragraph (1). (b) Exception Subsection (a) shall not apply to a prohibition or regulations described in that subsection that are limited to a specific unit of Federal land or water, if the applicable Secretary determines that— (1) a decline in wildlife population at the specific unit of Federal land or water is primarily caused by the use of lead in ammunition or tackle, based on the field data from the specific unit of Federal land or water; and (2) the prohibition or regulations, as applicable, are— (A) consistent with the law of the State in which the specific Federal land or water is located; (B) consistent with an applicable policy of the fish and wildlife department of the State in which the specific Federal land or water is located; or (C) approved by the applicable fish and wildlife department of the State in which the specific Federal land or water is located. (c) Federal register notice The applicable Secretary shall include in a Federal Register notice with respect to any prohibition or regulations that meet the requirements of paragraphs (1) and (2) of subsection (b) an explanation of how the prohibition or regulations, as applicable, meet those requirements.
2,172
117s4046is
117
s
4,046
is
To amend the Social Security Act to remove the restriction on the use of Coronavirus State Fiscal Recovery funds, to amend the Internal Revenue Code of 1986 to codify the Trump administration rule on reporting requirements of exempt organizations, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Simplify, Don’t Amplify the IRS Act.", "id": "S1", "header": "Short title" }, { "text": "101. Removal of restriction of use of Coronavirus State Fiscal Recovery funds \n(a) In general \nParagraph (2) of section 602(c) of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021, is amended to read as follows: (2) Further restriction on use of funds \nNo State or territory may use funds made available under this section for deposit into any pension fund.. (b) Conforming amendments \nSection 602 of such Act is further amended— (1) in subsection (d)(2)(A), by striking , including, in the case of a State or a territory, all modifications to the State's or territory's tax revenue sources during the covered period ; (2) in subsection (e), by striking such subsection, and all that follows through the period and inserting such subsection. ; and (3) in subsection (g)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively. (c) Effective date \nThe amendments made by this section shall take effect as if included in the enactment of the American Rescue Plan Act of 2021.", "id": "idb9bcf1233beb4806b106c67d1cf74725", "header": "Removal of restriction of use of Coronavirus State Fiscal Recovery funds" }, { "text": "201. Preventing weaponization of the Internal Revenue Service \n(a) Organizations exempt from reporting \n(1) Gross receipts threshold \nClause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $50,000. (2) Organizations described \nSubparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting a semicolon, and (C) by adding at the end the following new clauses: (vii) any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and (viii) any organization (other than a private foundation or a supporting organization described in section 509(a)(3)) which is not described in section 170(c)(2)(A), or which is created or organized in a possession of the United States, which has no significant activity (including lobbying and political activity and the operation of a trade or business) other than investment activity in the United States.. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (b) Clarification of application to section 527 organizations \n(1) In general \nParagraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking This section and inserting Except as otherwise provided by this subsection, this section , and (B) by striking for the taxable year. and inserting for the taxable year in the same manner as to an organization exempt from taxation under section 501(a).. (2) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Reporting of names and addresses of contributors \n(1) In general \nParagraph (1) of section 6033(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Except as provided in subsections (b)(5) and (g)(2)(B), such annual return shall not be required to include the names and addresses of contributors to the organization.. (2) Application to section 527 organizations \nParagraph (2) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of subparagraph (A), (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) containing the names and addresses of all substantial contributors, and. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.", "id": "id92D43DBB570B470BA18DFE14B3EAA2EC", "header": "Preventing weaponization of the Internal Revenue Service" }, { "text": "202. Limitation on taxpayer funded union official time for Internal Revenue Service employees \n(a) In general \nSection 7131 of title 5, United States Code, is amended by adding at the end the following: (e) The authority provided under subsection (d) shall not apply with respect to the Internal Revenue Service, or an employee of the Internal Revenue Service, during the period each year beginning on February 12 and ending on April 15.. (b) Conforming amendment \nSection 7131(d) of title 5, United States Code, is amended, in the matter preceding paragraph (1), by striking preceding and inserting other. (c) Application \nThe amendments made by subsections (a) and (b) shall apply to any collective bargaining agreement entered into after the date of enactment of this section.", "id": "H841649F81FC14F5A948CD0A614417E69", "header": "Limitation on taxpayer funded union official time for Internal Revenue Service employees" }, { "text": "203. Protecting taxpayer privacy \n(a) Increase of penalty for unauthorized disclosure of taxpayer information \n(1) In general \nParagraph (1) of section 7213(a) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $250,000. (2) Disclosures by tax return preparers \nSubsection (a) of section 7216 of the Internal Revenue Code of 1986 is amended by striking $1,000 ($100,000 in the case of a disclosure or use to which section 6713(b) applies) and inserting $250,000. (3) Effective date \nThe amendments made by this subsection shall apply to disclosures made on or after the date of the enactment of this Act. (b) Removal \n(1) In general \nSection 7701(c)(1)(A) of title 5, United States Code, is amended by inserting or in the case of an action involving a removal from the service for an alleged violation of section 7213(a)(1) of the Internal Revenue Code of 1986, after described in section 4303,. (2) Rule of construction \nThe amendments made by paragraph (1) may not be construed to permit an officer or employee of the United States to submit an appeal to the Merit Systems Protection Board if that individual is dismissed from office or discharged from employment upon conviction for a violation of section 7213(a)(1) of the Internal Revenue Code of 1986.", "id": "idE87C360596C04B1CA80DF1EB13FC1687", "header": "Protecting taxpayer privacy" }, { "text": "301. Tax gap projection \n(a) In general \nNot later than 180 days after the date of the enactment of this section, and no later than July 31 annually thereafter, the Commissioner of Internal Revenue shall submit to Congress a projection detailing the tax gap estimate for the most recent taxable year as is practicable using the most recently available data, and including identification and detailed descriptions of the data used for such projection and clear identification of the amount of the projected tax gap associated with nonfiling, underreporting, and underpayment (including identifying the amount subject to collection actions). (b) Use of artificial intelligence \nTo the extent practicable, for purposes of reducing the burden on taxpayers subject to National Research Program audits, the Commissioner shall use artificial intelligence, including neural machine learning, and other available data analysis tools, including commercial analytic data providers, to calculate a projection described in subsection (a). (c) National research program audits \nIn calculating a projection described in subsection (a), the Commissioner of Internal Revenue shall not undertake more National Research Program audits in any one fiscal year than are undertaken in fiscal year 2021. (d) Tax gap \nFor purposes of this section, the term tax gap means the difference between tax liabilities owed to the United States under the Internal Revenue Code of 1986 and those liabilities actually collected by the Internal Revenue Service.", "id": "H9C7AD92690614B26AA48E8DBA7ABCDED", "header": "Tax gap projection" }, { "text": "302. JCT Report \n(a) In general \nNot later than 180 days after the submission of the first tax gap projection to Congress under section 201, and not later than 90 days after the submission of each successive submission, the Chief of Staff of the Joint Committee on Taxation shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing such projection, including— (1) identification of methodologies used, (2) any statistical or methodological uncertainties, (3) the effect of outdated data, if any, on the accuracy of such projection, and (4) such additional information as the Joint Committee on Taxation determines is useful for Congress to use to assess and analyze the tax gap projections provided by the Commissioner of Internal Revenue. (b) Release of information \nFor purposes of facilitating the report described in subsection (a), the Secretary of the Treasury shall, in a timely manner, provide to the Joint Committee on Taxation such information as such committee requests.", "id": "HCEE83B7114DE4467BAAFD0EECAD5DEB2", "header": "JCT Report" }, { "text": "303. Restriction on increased enforcement funds \n(a) In general \nNotwithstanding any other provision of law, no funds appropriated to the Department of the Treasury for audit and enforcement purposes in excess of the levels appropriated for such purposes in fiscal year 2021 may be expended for such purposes, including for salaries, expenses, and enforcement activities, until 180 days after the Internal Revenue Service publishes an updated tax gap projection pursuant to, and compliant with, section 201. (b) Sunset \nThe provisions of subsection (a) shall not apply after the date which is one year after the date of the enactment of this section.", "id": "H5B9920D65A4946039BFE89932AB60F4B", "header": "Restriction on increased enforcement funds" }, { "text": "304. Restriction on increased funding for other specified purposes \n(a) In general \nNotwithstanding any other provision of law, no funds appropriated to the Department of the Treasury in excess of the levels appropriated for specified purposes in fiscal year 2021 may be expended for specified purposes. (b) Specified purposes \nFor purposes of subsection (a), the term specified purposes means— (1) the implementation of new information reporting requirements on flows of deposits and withdrawals in individual and small-business banking accounts and other financial accounts, (2) the targeting of United States citizens in response to the exercise by such citizens of any legally protected or recognized right guaranteed under the First Amendment to the United States Constitution, (3) the targeting of a group for regulatory scrutiny based on the ideological beliefs of such group, (4) the auditing of individual taxpayers with an adjusted gross income of less than $400,000, and (5) the hiring under an agreement pursuant to the Intragovernmental Personnel Act of 1970 (sections 3371 et seq. of title 5, United States Code) or any other authority of an authorized researcher who is not a full time Federal employee to access data subject to privacy protections afforded by section 6103 of the Internal Revenue Code of 1986.", "id": "H38549F2B2EDC4966B1B4409459547AD8", "header": "Restriction on increased funding for other specified purposes" }, { "text": "305. Efficient use of existing IRS resources \nFor purposes of increasing enforcement actions in areas of high noncompliance and reducing the corporate audit no-change rate of the Internal Revenue Service to below 20 percent by 2023— (1) the Secretary (or the Secretary’s delegate) shall, not later than 180 days after the date of the enactment of this section— (A) update the methodology that is used for the selection of corporate returns for audit, and (B) reassign resources of the Internal Revenue Service such that the majority of high-income nonfilers are subject to enforcement actions, and (2) the Comptroller General of the United States shall, within one year after the date of the enactment of this section, issue a comprehensive report to Congress on information returns and data collected by the Internal Revenue Service that could be deployed for compliance activities but that are not currently used for such activities.", "id": "H7CAC9EF0EFF341639D68C63D6AA57A8B", "header": "Efficient use of existing IRS resources" }, { "text": "306. IRS Fellowship Program \n(a) Establishment \nNot later than September 30, 2022, the Commissioner of Internal Revenue (hereinafter known as the Commissioner ) after consultation with the Chief Counsel of the Internal Revenue Service (hereinafter known as the Chief Counsel ), shall establish within the Internal Revenue Service a fellowship program (hereinafter known as the program ) to recruit private sector tax experts to join the Internal Revenue Service to create and participate in the audit task force established under subsection (e). (b) Objective \nThe Commissioner, after consultation with the Chief Counsel, shall design the program in a manner such that the program— (1) addresses such tax cases handled by the Internal Revenue Service as the Commissioner determines— (A) are the most complex, or (B) include new and emerging issues, and (2) recruits and retains outstanding and qualified tax experts. (c) Advertisement of program \nThe Commissioner shall advertise the program in such a way as to attract mid-career tax professionals, including certified public accountants, tax attorneys, and such other tax professionals as the Commissioner determines are appropriately qualified to handle the most complex tax cases. (d) Structure \n(1) In general \nThe program shall be staffed by not fewer than 30 fellows at the discretion of the Commissioner based on needs of the Internal Revenue Service and the availability of qualified candidates. (2) Term of service \n(A) In general \nEach fellow shall be hired for a 2-, 3-, or 4-year term of service. (B) Extensions \n(i) In general \nA fellow may apply for, and the Commissioner may grant, a 1-year extension of the fellowship. (ii) No limit on number of extensions \nThere shall be no limit on the number of extensions under clause (i). (3) Fellowship vacancies \nThe Commissioner, after consultation with the Chief Counsel, shall fill vacant fellowships— (A) in such a manner as to ensure that the program is staffed with no fewer than 15 fellows, and (B) as soon as practicable after the vacancy arises. (4) Hiring authority \nThe Commissioner shall have authority to permanently hire a fellow at the end of the term of service for such fellow. (e) Task force \nNot later than the date on which the first fellowship is awarded under this section, the Commissioner shall establish a task force within the Internal Revenue Service and the office of the Chief Counsel in both national and regional office placements that includes the fellows hired pursuant to subsection (d), the purpose of which is to— (1) perform audit case selection, (2) educate Internal Revenue Service employees on emerging issues, (3) audit selected taxpayers, (4) address offshore tax evasion and issues implicating the Foreign Account Tax Compliance Act, and (5) identify, mentor, and train junior employees from the Internal Revenue Service with respect to audits. (f) Composition \nThe task force established under subsection (e) may be composed of both— (1) fellows, and (2) permanent employees of the Internal Revenue Service. (g) Pay of fellows \n(1) In general \nThe Secretary of the Treasury (or the Secretary’s delegate) shall determine, subject to the provisions of this subsection, the pay of fellows recruited under subsection (a). (2) Pay scale \nFor purposes of paragraph (1), the pay of a fellow shall not be less than the minimum rate payable for GS–15 of the General Schedule and shall not exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code. (h) Administration of program \nThe Secretary may appoint a lead program officer to administer and advertise the program. (i) Annual review and report \nNot later than 1 year after the date on which the first fellowship is awarded under this section, and annually thereafter, the Commissioner shall submit to Congress a report containing— (1) an analysis of the effects of the program, (2) an analysis of the return on investment of the program, including calculations of all costs incurred and all tax revenue and penalties collected due to the work of the task force, (3) a description of the total number of fellows who apply each year, and (4) recommendations for changes to the program, if any. (j) Rules and regulations \nThe Commissioner, with the approval of the Secretary of the Treasury (or the Secretary’s delegate, other than the Commissioner), shall promulgate such rules and regulations as may be necessary for the efficient administration of the program.", "id": "HCA36F8748ACF40C9B8C142BA225EC97C", "header": "IRS Fellowship Program" }, { "text": "401. Findings and purpose \n(a) Findings \nCongress finds that when the Internal Revenue Service makes payments to taxpayers, the Internal Revenue Services must make every effort to confirm that the right recipient is receiving the right payment for the right reason at the right time. (b) Purpose \nThe purpose of this title is to— (1) reduce improper tax payments by the Internal Revenue Service— (A) by intensifying efforts to eliminate payment error, waste, fraud, and abuse; and (B) continuing to ensure that the Internal Revenue Service provides accessible taxpayer services; (2) adopt a comprehensive set of policies, including— (A) transparency of significant improper tax payments; and (B) accountability for reducing improper tax payments; and (3) protecting taxpayer services.", "id": "idCAE73FBEE15349E29B8DB846DC0C5D8F", "header": "Findings and purpose" }, { "text": "402. Improper tax payment defined \nFor purposes of this title, the term improper tax payment means any credit or refund of an overpayment of a tax imposed under the Internal Revenue Code of 1986 that should not have been made or that was made in an incorrect amount.", "id": "idD6BA76A0EFA946F595AB35DBB9829BD4", "header": "Improper tax payment defined" }, { "text": "403. Transparency \n(a) In general \nNot later than 90 days after the date of enactment of this section, the Secretary of the Treasury shall establish, in coordination with the Commissioner of Internal Revenue, annual targets for reducing improper tax payments made by the Internal Revenue Service. (b) Published information \n(1) In general \nNot later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary of the Treasury shall publish on the internet information about improper tax payments made by the Internal Revenue Service. (2) Contents \nThe information published under paragraph (1) shall include, subject to Federal privacy policies and to the extent permitted by law— (A) the name of the accountable official designated under section 404(a); (B) rates and amounts as of the date of enactment of this section, and historical rates and amounts, of improper tax payments made by the Internal Revenue Service, including, if known and appropriate, the causes of the improper tax payments; (C) rates and amounts as of the date of enactment of this section, and historical rates and amounts, of the recovery of improper tax payments (estimated on the basis of applicable samples where appropriate); and (D) the annual targets for reducing improper tax payments. (c) Methodology \nThe methodology used for identifying and measuring improper tax payments under this section shall meet the requirement of section 3352(c)(1)(A) of title 31, United States Code. (d) Links \nThe Commissioner of Internal Revenue shall prominently display on the homepage of the website of the Internal Revenue Service a link to internet-based resources for addressing improper tax payments, including the information published under subsection (b)(1).", "id": "id68A5A2D5FFA1419C90154B1E17680462", "header": "Transparency" }, { "text": "404. Accountability and coordination \n(a) Accountable officials \nNot later than 120 days after the date of enactment of this section, the Commissioner of Internal Revenue shall designate an official to be accountable for meeting the reduction targets under section 403(a) without unduly burdening taxpayer services. (b) Report \n(1) In general \nNot later than 180 days after the date of enactment of this section, and annually thereafter, the official who is designated under subsection (a) shall provide the Director of the Office of Management and Budget and the appropriate congressional committees a report that includes— (A) the methodology used for identifying and measuring improper tax payments under section 403(c); (B) the plans for meeting the reduction targets under section 403(a); and (C) the plans and supporting analysis for ensuring that initiatives undertaken in accordance with this title do not unduly burden taxpayer services. (2) Appropriate congressional committees \nFor purposes of paragraph (1), the term appropriate congressional committees means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (c) Duties of inspector general \nNot later than 60 days after the date on which the annual report required under subsection (b) is submitted, the Treasury Inspector General for Tax Administration shall— (1) assess the level of risk for improper tax payments by the Internal Revenue Service; (2) determine the extent of oversight warranted (in addition to oversight requirements under section 3353 of title 31, United States Code); and (3) provide the Commissioner of Internal Revenue with recommendations, if any, for modifying the methodology, improper tax payment reduction plans, or taxpayer services. (d) Agency failure \n(1) In general \nIf the Internal Revenue Service does not demonstrate an improvement in reducing improper tax payments, fails to develop a plan to meet reduction targets under subsection (b)(1)(B), or fails to implement the plans described in subsection (b)(1)(C) for not less than 2 consecutive years, the official designated under subsection (a) shall submit to the Commissioner of Internal Revenue, the Treasury Inspector General for Tax Administration, and the Chief Financial Officer of the Internal Revenue Service a report that— (A) describe the likely causes of the lack or improvement or failure; and (B) proposes a remedial plan. (2) Review \nAnnually, the Commissioner of Internal Revenue shall, with respect to a remedial plan proposed under paragraph (1)(B)— (A) review the remedial plan; and (B) in consultation with the Treasury Inspector General for Tax Administration and Chief Financial Officer of the Internal Revenue Service, forward the remedial plan and any additional comments and analysis to the Director of the Office of Management and Budget.", "id": "id2D779D3C42874B1C86823B8875D71B64", "header": "Accountability and coordination" }, { "text": "405. Policy proposals \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary of the Treasury, in consultation with the Commissioner of Internal Revenue and the Treasury Inspector General for Tax Administration, shall develop policy recommendations, including potential legislative proposals, designed to reduce improper tax payments, including improper tax payments caused by error, waste, fraud, and abuse, made by the Internal Revenue Service. (b) Inclusion \nThe recommendations developed under subsection (a) shall be included, as appropriate, in the budget of the President under section 1105(a) of title 31, United States Code, for fiscal year 2023 and each fiscal year thereafter.", "id": "id95E976A0CF2F475F9DC086177687EA7F", "header": "Policy proposals" } ]
16
1. Short title This Act may be cited as the Simplify, Don’t Amplify the IRS Act. 101. Removal of restriction of use of Coronavirus State Fiscal Recovery funds (a) In general Paragraph (2) of section 602(c) of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021, is amended to read as follows: (2) Further restriction on use of funds No State or territory may use funds made available under this section for deposit into any pension fund.. (b) Conforming amendments Section 602 of such Act is further amended— (1) in subsection (d)(2)(A), by striking , including, in the case of a State or a territory, all modifications to the State's or territory's tax revenue sources during the covered period ; (2) in subsection (e), by striking such subsection, and all that follows through the period and inserting such subsection. ; and (3) in subsection (g)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively. (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Rescue Plan Act of 2021. 201. Preventing weaponization of the Internal Revenue Service (a) Organizations exempt from reporting (1) Gross receipts threshold Clause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $50,000. (2) Organizations described Subparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting a semicolon, and (C) by adding at the end the following new clauses: (vii) any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and (viii) any organization (other than a private foundation or a supporting organization described in section 509(a)(3)) which is not described in section 170(c)(2)(A), or which is created or organized in a possession of the United States, which has no significant activity (including lobbying and political activity and the operation of a trade or business) other than investment activity in the United States.. (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (b) Clarification of application to section 527 organizations (1) In general Paragraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking This section and inserting Except as otherwise provided by this subsection, this section , and (B) by striking for the taxable year. and inserting for the taxable year in the same manner as to an organization exempt from taxation under section 501(a).. (2) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Reporting of names and addresses of contributors (1) In general Paragraph (1) of section 6033(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Except as provided in subsections (b)(5) and (g)(2)(B), such annual return shall not be required to include the names and addresses of contributors to the organization.. (2) Application to section 527 organizations Paragraph (2) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of subparagraph (A), (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) containing the names and addresses of all substantial contributors, and. (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. 202. Limitation on taxpayer funded union official time for Internal Revenue Service employees (a) In general Section 7131 of title 5, United States Code, is amended by adding at the end the following: (e) The authority provided under subsection (d) shall not apply with respect to the Internal Revenue Service, or an employee of the Internal Revenue Service, during the period each year beginning on February 12 and ending on April 15.. (b) Conforming amendment Section 7131(d) of title 5, United States Code, is amended, in the matter preceding paragraph (1), by striking preceding and inserting other. (c) Application The amendments made by subsections (a) and (b) shall apply to any collective bargaining agreement entered into after the date of enactment of this section. 203. Protecting taxpayer privacy (a) Increase of penalty for unauthorized disclosure of taxpayer information (1) In general Paragraph (1) of section 7213(a) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $250,000. (2) Disclosures by tax return preparers Subsection (a) of section 7216 of the Internal Revenue Code of 1986 is amended by striking $1,000 ($100,000 in the case of a disclosure or use to which section 6713(b) applies) and inserting $250,000. (3) Effective date The amendments made by this subsection shall apply to disclosures made on or after the date of the enactment of this Act. (b) Removal (1) In general Section 7701(c)(1)(A) of title 5, United States Code, is amended by inserting or in the case of an action involving a removal from the service for an alleged violation of section 7213(a)(1) of the Internal Revenue Code of 1986, after described in section 4303,. (2) Rule of construction The amendments made by paragraph (1) may not be construed to permit an officer or employee of the United States to submit an appeal to the Merit Systems Protection Board if that individual is dismissed from office or discharged from employment upon conviction for a violation of section 7213(a)(1) of the Internal Revenue Code of 1986. 301. Tax gap projection (a) In general Not later than 180 days after the date of the enactment of this section, and no later than July 31 annually thereafter, the Commissioner of Internal Revenue shall submit to Congress a projection detailing the tax gap estimate for the most recent taxable year as is practicable using the most recently available data, and including identification and detailed descriptions of the data used for such projection and clear identification of the amount of the projected tax gap associated with nonfiling, underreporting, and underpayment (including identifying the amount subject to collection actions). (b) Use of artificial intelligence To the extent practicable, for purposes of reducing the burden on taxpayers subject to National Research Program audits, the Commissioner shall use artificial intelligence, including neural machine learning, and other available data analysis tools, including commercial analytic data providers, to calculate a projection described in subsection (a). (c) National research program audits In calculating a projection described in subsection (a), the Commissioner of Internal Revenue shall not undertake more National Research Program audits in any one fiscal year than are undertaken in fiscal year 2021. (d) Tax gap For purposes of this section, the term tax gap means the difference between tax liabilities owed to the United States under the Internal Revenue Code of 1986 and those liabilities actually collected by the Internal Revenue Service. 302. JCT Report (a) In general Not later than 180 days after the submission of the first tax gap projection to Congress under section 201, and not later than 90 days after the submission of each successive submission, the Chief of Staff of the Joint Committee on Taxation shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing such projection, including— (1) identification of methodologies used, (2) any statistical or methodological uncertainties, (3) the effect of outdated data, if any, on the accuracy of such projection, and (4) such additional information as the Joint Committee on Taxation determines is useful for Congress to use to assess and analyze the tax gap projections provided by the Commissioner of Internal Revenue. (b) Release of information For purposes of facilitating the report described in subsection (a), the Secretary of the Treasury shall, in a timely manner, provide to the Joint Committee on Taxation such information as such committee requests. 303. Restriction on increased enforcement funds (a) In general Notwithstanding any other provision of law, no funds appropriated to the Department of the Treasury for audit and enforcement purposes in excess of the levels appropriated for such purposes in fiscal year 2021 may be expended for such purposes, including for salaries, expenses, and enforcement activities, until 180 days after the Internal Revenue Service publishes an updated tax gap projection pursuant to, and compliant with, section 201. (b) Sunset The provisions of subsection (a) shall not apply after the date which is one year after the date of the enactment of this section. 304. Restriction on increased funding for other specified purposes (a) In general Notwithstanding any other provision of law, no funds appropriated to the Department of the Treasury in excess of the levels appropriated for specified purposes in fiscal year 2021 may be expended for specified purposes. (b) Specified purposes For purposes of subsection (a), the term specified purposes means— (1) the implementation of new information reporting requirements on flows of deposits and withdrawals in individual and small-business banking accounts and other financial accounts, (2) the targeting of United States citizens in response to the exercise by such citizens of any legally protected or recognized right guaranteed under the First Amendment to the United States Constitution, (3) the targeting of a group for regulatory scrutiny based on the ideological beliefs of such group, (4) the auditing of individual taxpayers with an adjusted gross income of less than $400,000, and (5) the hiring under an agreement pursuant to the Intragovernmental Personnel Act of 1970 (sections 3371 et seq. of title 5, United States Code) or any other authority of an authorized researcher who is not a full time Federal employee to access data subject to privacy protections afforded by section 6103 of the Internal Revenue Code of 1986. 305. Efficient use of existing IRS resources For purposes of increasing enforcement actions in areas of high noncompliance and reducing the corporate audit no-change rate of the Internal Revenue Service to below 20 percent by 2023— (1) the Secretary (or the Secretary’s delegate) shall, not later than 180 days after the date of the enactment of this section— (A) update the methodology that is used for the selection of corporate returns for audit, and (B) reassign resources of the Internal Revenue Service such that the majority of high-income nonfilers are subject to enforcement actions, and (2) the Comptroller General of the United States shall, within one year after the date of the enactment of this section, issue a comprehensive report to Congress on information returns and data collected by the Internal Revenue Service that could be deployed for compliance activities but that are not currently used for such activities. 306. IRS Fellowship Program (a) Establishment Not later than September 30, 2022, the Commissioner of Internal Revenue (hereinafter known as the Commissioner ) after consultation with the Chief Counsel of the Internal Revenue Service (hereinafter known as the Chief Counsel ), shall establish within the Internal Revenue Service a fellowship program (hereinafter known as the program ) to recruit private sector tax experts to join the Internal Revenue Service to create and participate in the audit task force established under subsection (e). (b) Objective The Commissioner, after consultation with the Chief Counsel, shall design the program in a manner such that the program— (1) addresses such tax cases handled by the Internal Revenue Service as the Commissioner determines— (A) are the most complex, or (B) include new and emerging issues, and (2) recruits and retains outstanding and qualified tax experts. (c) Advertisement of program The Commissioner shall advertise the program in such a way as to attract mid-career tax professionals, including certified public accountants, tax attorneys, and such other tax professionals as the Commissioner determines are appropriately qualified to handle the most complex tax cases. (d) Structure (1) In general The program shall be staffed by not fewer than 30 fellows at the discretion of the Commissioner based on needs of the Internal Revenue Service and the availability of qualified candidates. (2) Term of service (A) In general Each fellow shall be hired for a 2-, 3-, or 4-year term of service. (B) Extensions (i) In general A fellow may apply for, and the Commissioner may grant, a 1-year extension of the fellowship. (ii) No limit on number of extensions There shall be no limit on the number of extensions under clause (i). (3) Fellowship vacancies The Commissioner, after consultation with the Chief Counsel, shall fill vacant fellowships— (A) in such a manner as to ensure that the program is staffed with no fewer than 15 fellows, and (B) as soon as practicable after the vacancy arises. (4) Hiring authority The Commissioner shall have authority to permanently hire a fellow at the end of the term of service for such fellow. (e) Task force Not later than the date on which the first fellowship is awarded under this section, the Commissioner shall establish a task force within the Internal Revenue Service and the office of the Chief Counsel in both national and regional office placements that includes the fellows hired pursuant to subsection (d), the purpose of which is to— (1) perform audit case selection, (2) educate Internal Revenue Service employees on emerging issues, (3) audit selected taxpayers, (4) address offshore tax evasion and issues implicating the Foreign Account Tax Compliance Act, and (5) identify, mentor, and train junior employees from the Internal Revenue Service with respect to audits. (f) Composition The task force established under subsection (e) may be composed of both— (1) fellows, and (2) permanent employees of the Internal Revenue Service. (g) Pay of fellows (1) In general The Secretary of the Treasury (or the Secretary’s delegate) shall determine, subject to the provisions of this subsection, the pay of fellows recruited under subsection (a). (2) Pay scale For purposes of paragraph (1), the pay of a fellow shall not be less than the minimum rate payable for GS–15 of the General Schedule and shall not exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code. (h) Administration of program The Secretary may appoint a lead program officer to administer and advertise the program. (i) Annual review and report Not later than 1 year after the date on which the first fellowship is awarded under this section, and annually thereafter, the Commissioner shall submit to Congress a report containing— (1) an analysis of the effects of the program, (2) an analysis of the return on investment of the program, including calculations of all costs incurred and all tax revenue and penalties collected due to the work of the task force, (3) a description of the total number of fellows who apply each year, and (4) recommendations for changes to the program, if any. (j) Rules and regulations The Commissioner, with the approval of the Secretary of the Treasury (or the Secretary’s delegate, other than the Commissioner), shall promulgate such rules and regulations as may be necessary for the efficient administration of the program. 401. Findings and purpose (a) Findings Congress finds that when the Internal Revenue Service makes payments to taxpayers, the Internal Revenue Services must make every effort to confirm that the right recipient is receiving the right payment for the right reason at the right time. (b) Purpose The purpose of this title is to— (1) reduce improper tax payments by the Internal Revenue Service— (A) by intensifying efforts to eliminate payment error, waste, fraud, and abuse; and (B) continuing to ensure that the Internal Revenue Service provides accessible taxpayer services; (2) adopt a comprehensive set of policies, including— (A) transparency of significant improper tax payments; and (B) accountability for reducing improper tax payments; and (3) protecting taxpayer services. 402. Improper tax payment defined For purposes of this title, the term improper tax payment means any credit or refund of an overpayment of a tax imposed under the Internal Revenue Code of 1986 that should not have been made or that was made in an incorrect amount. 403. Transparency (a) In general Not later than 90 days after the date of enactment of this section, the Secretary of the Treasury shall establish, in coordination with the Commissioner of Internal Revenue, annual targets for reducing improper tax payments made by the Internal Revenue Service. (b) Published information (1) In general Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary of the Treasury shall publish on the internet information about improper tax payments made by the Internal Revenue Service. (2) Contents The information published under paragraph (1) shall include, subject to Federal privacy policies and to the extent permitted by law— (A) the name of the accountable official designated under section 404(a); (B) rates and amounts as of the date of enactment of this section, and historical rates and amounts, of improper tax payments made by the Internal Revenue Service, including, if known and appropriate, the causes of the improper tax payments; (C) rates and amounts as of the date of enactment of this section, and historical rates and amounts, of the recovery of improper tax payments (estimated on the basis of applicable samples where appropriate); and (D) the annual targets for reducing improper tax payments. (c) Methodology The methodology used for identifying and measuring improper tax payments under this section shall meet the requirement of section 3352(c)(1)(A) of title 31, United States Code. (d) Links The Commissioner of Internal Revenue shall prominently display on the homepage of the website of the Internal Revenue Service a link to internet-based resources for addressing improper tax payments, including the information published under subsection (b)(1). 404. Accountability and coordination (a) Accountable officials Not later than 120 days after the date of enactment of this section, the Commissioner of Internal Revenue shall designate an official to be accountable for meeting the reduction targets under section 403(a) without unduly burdening taxpayer services. (b) Report (1) In general Not later than 180 days after the date of enactment of this section, and annually thereafter, the official who is designated under subsection (a) shall provide the Director of the Office of Management and Budget and the appropriate congressional committees a report that includes— (A) the methodology used for identifying and measuring improper tax payments under section 403(c); (B) the plans for meeting the reduction targets under section 403(a); and (C) the plans and supporting analysis for ensuring that initiatives undertaken in accordance with this title do not unduly burden taxpayer services. (2) Appropriate congressional committees For purposes of paragraph (1), the term appropriate congressional committees means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (c) Duties of inspector general Not later than 60 days after the date on which the annual report required under subsection (b) is submitted, the Treasury Inspector General for Tax Administration shall— (1) assess the level of risk for improper tax payments by the Internal Revenue Service; (2) determine the extent of oversight warranted (in addition to oversight requirements under section 3353 of title 31, United States Code); and (3) provide the Commissioner of Internal Revenue with recommendations, if any, for modifying the methodology, improper tax payment reduction plans, or taxpayer services. (d) Agency failure (1) In general If the Internal Revenue Service does not demonstrate an improvement in reducing improper tax payments, fails to develop a plan to meet reduction targets under subsection (b)(1)(B), or fails to implement the plans described in subsection (b)(1)(C) for not less than 2 consecutive years, the official designated under subsection (a) shall submit to the Commissioner of Internal Revenue, the Treasury Inspector General for Tax Administration, and the Chief Financial Officer of the Internal Revenue Service a report that— (A) describe the likely causes of the lack or improvement or failure; and (B) proposes a remedial plan. (2) Review Annually, the Commissioner of Internal Revenue shall, with respect to a remedial plan proposed under paragraph (1)(B)— (A) review the remedial plan; and (B) in consultation with the Treasury Inspector General for Tax Administration and Chief Financial Officer of the Internal Revenue Service, forward the remedial plan and any additional comments and analysis to the Director of the Office of Management and Budget. 405. Policy proposals (a) In general Not later than 180 days after the date of enactment of this section, the Secretary of the Treasury, in consultation with the Commissioner of Internal Revenue and the Treasury Inspector General for Tax Administration, shall develop policy recommendations, including potential legislative proposals, designed to reduce improper tax payments, including improper tax payments caused by error, waste, fraud, and abuse, made by the Internal Revenue Service. (b) Inclusion The recommendations developed under subsection (a) shall be included, as appropriate, in the budget of the President under section 1105(a) of title 31, United States Code, for fiscal year 2023 and each fiscal year thereafter.
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is
To require the Administrator of the Environmental Protection Agency to provide grants to reduce the quantity of food waste, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Zero Food Waste Act.", "id": "H4D38A09D22E64D6086B138468D5E8F60", "header": "Short title" }, { "text": "2. Food waste reduction grants \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Eligible entity \nThe term eligible entity means— (A) a State, a local government, a territorial government, or a Tribal government; (B) a nonprofit organization; and (C) a partnership of 2 or more of any of the entities described in subparagraphs (A) and (B). (3) Food waste \nThe term food waste means any uneaten food and inedible parts of food. (4) Food waste reduction activity \nThe term food waste reduction activity means any method or activity that reduces the quantity of food waste disposed of in landfills or incinerated, including through prevention, rescue, upcycling, and recycling. (5) Nonprofit organization \nThe term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (6) Prevent \nThe term prevent means to forestall the generation of food waste. (7) Recycle \nThe term recycle means to reuse food waste as a feedstock for a nonfood product. (8) Rescue \nThe term rescue means to redirect surplus food for consumption. (9) Source separated organics \n(A) In general \nThe term source separated organics means organic waste that is separated from other waste by the waste generator. (B) Inclusion \nThe term source separated organics includes materials that are certified to meet ASTM standard D6400 or D6868. (C) Exclusion \nThe term source separated organics does not include mixed solid waste. (10) Upcycle \nThe term upcycle means to make new food from ingredients that otherwise would become food waste. (b) Program \n(1) Establishment \nThe Administrator shall establish and carry out a program to award competitive grants in accordance with paragraph (3). (2) Purpose \nThe purpose of the program established under paragraph (1) is to help reduce the quantity of food waste by 50 percent by 2030, relative to that quantity in 2010. (3) Grants \n(A) Study on food waste generation and food waste management planning \nUnder the program established under paragraph (1), the Administrator may award a grant to an eligible entity, excluding any eligible entity that is a nonprofit organization— (i) to study— (I) the generation of food waste in the State or area in which the eligible entity is located or otherwise serves; and (II) policies and programs that significantly reduce the quantity of food waste, including policies and programs to carry out food waste reduction activities; and (ii) to develop a plan under which the eligible entity will carry out at least 1 food waste reduction activity, prioritizing prevention to the extent practicable. (B) Food waste data and reports \nUnder the program established under paragraph (1), the Administrator may award a grant to an eligible entity, excluding any eligible entity that is a nonprofit organization— (i) to collect data on the quantity of food waste generated in the State or area in which the eligible entity is located or otherwise serves; and (ii) to publish, on any publicly available website (which may include the website of a nongovernmental organization), a monthly or quarterly report on the data collected under clause (i). (C) Food waste reduction projects \nUnder the program established under paragraph (1), the Administrator may award a grant to an eligible entity— (i) (I) to carry out or otherwise support a food waste reduction activity; (II) to implement a differential pricing policy on the disposal of food waste— (aa) to disincentivize disposing of food waste by incineration or deposit in a landfill; and (bb) to incentivize carrying out food waste reduction activities; (III) to pay for or provide technical assistance to carry out a food waste reduction activity; (IV) to implement restrictions on disposing of food waste by incineration or deposit in a landfill; (V) to implement food waste reduction activity requirements; (VI) to implement demand-stimulating policies for recycling end-markets; or (VII) to carry out any other activity the Administrator determines will reduce the quantity of food waste in the applicable area; and (ii) to collect data and publish reports as described in subparagraph (B). (c) Applications \n(1) In general \nTo apply for a grant under this section, an eligible entity shall submit to the Administrator an application at such time and in such form as the Administrator may require, which shall demonstrate how the eligible entity will use the grant in accordance with subsection (b)(3). (2) Nonprofit organizations \nIn the case of an application under paragraph (1) from an eligible entity that is a nonprofit organization, the application shall include— (A) a letter of support for the proposed use of the grant from— (i) the relevant local government, territorial government, Tribal government, or State; or (ii) another nonprofit organization that— (I) has a demonstrated history of undertaking work in the geographic region where the proposed use of the grant is to take place, as determined by the Administrator; and (II) would not be involved in the proposed use of the grant; and (B) any other information the Administrator may require. (3) Prioritization \nIn awarding grants under this section, the Administrator shall— (A) seek to award grants for use in diverse locations and for diverse uses; and (B) prioritize awarding grants to— (i) any eligible entity, excluding any eligible entity that is a nonprofit organization, that— (I) implements a program to carry out food waste reduction activities; or (II) has a demonstrated need, as determined by the Administrator, for additional investment in infrastructure or other resources to be able to implement a program to carry out food waste reduction activities; or (ii) an eligible entity that will use the grant in accordance with subsection (b)(3)(C)(i) in a community of color, low-income community, or Tribal community that has been disproportionately affected by adverse human health or environmental effects. (4) Anaerobic digestion projects \nWith respect to any grant awarded under subsection (b)(3)(C) to carry out an anaerobic digestion project, the Administrator shall— (A) require the applicant to submit to the Administrator a plan for end-product recycling that, in accordance with guidelines the Administrator shall establish— (i) provides for the use of the material resulting from the project as a soil amendment; and (ii) ensures that the use of the material resulting from the project does not create an environmental hazard; and (B) require the eligible entity that is carrying out the project— (i) to limit its use of animal waste to not more than 20 percent of the total feedstock of the project; and (ii) to only use source separated organics as the portion of the total feedstock that is not animal waste. (d) Reporting \n(1) Effect of use of grant \nEach eligible entity that receives a grant under this section shall submit to the Administrator a report, at such time and in such form as the Administrator may require, on the results of the use of the grant, which shall include any relevant data requested by the Administrator for purposes of tracking the effectiveness of the program established under subsection (b)(1). (2) Annual report \nThe Administrator shall submit to Congress and make publicly available on the website of the Environmental Protection Agency an annual report describing— (A) the effectiveness of the program established under subsection (b)(1) in reducing the quantity of food waste by 50 percent by 2030, relative to that quantity in 2010, including information on the progress of that reduction; and (B) the means by which the Administrator is promoting learning among grantees and other stakeholders to better achieve results. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $650,000,000 for each of fiscal years 2022 through 2031, to remain available until expended.", "id": "H56956757178E449C9A9AAFEF9D85D040", "header": "Food waste reduction grants" } ]
2
1. Short title This Act may be cited as the Zero Food Waste Act. 2. Food waste reduction grants (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Eligible entity The term eligible entity means— (A) a State, a local government, a territorial government, or a Tribal government; (B) a nonprofit organization; and (C) a partnership of 2 or more of any of the entities described in subparagraphs (A) and (B). (3) Food waste The term food waste means any uneaten food and inedible parts of food. (4) Food waste reduction activity The term food waste reduction activity means any method or activity that reduces the quantity of food waste disposed of in landfills or incinerated, including through prevention, rescue, upcycling, and recycling. (5) Nonprofit organization The term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (6) Prevent The term prevent means to forestall the generation of food waste. (7) Recycle The term recycle means to reuse food waste as a feedstock for a nonfood product. (8) Rescue The term rescue means to redirect surplus food for consumption. (9) Source separated organics (A) In general The term source separated organics means organic waste that is separated from other waste by the waste generator. (B) Inclusion The term source separated organics includes materials that are certified to meet ASTM standard D6400 or D6868. (C) Exclusion The term source separated organics does not include mixed solid waste. (10) Upcycle The term upcycle means to make new food from ingredients that otherwise would become food waste. (b) Program (1) Establishment The Administrator shall establish and carry out a program to award competitive grants in accordance with paragraph (3). (2) Purpose The purpose of the program established under paragraph (1) is to help reduce the quantity of food waste by 50 percent by 2030, relative to that quantity in 2010. (3) Grants (A) Study on food waste generation and food waste management planning Under the program established under paragraph (1), the Administrator may award a grant to an eligible entity, excluding any eligible entity that is a nonprofit organization— (i) to study— (I) the generation of food waste in the State or area in which the eligible entity is located or otherwise serves; and (II) policies and programs that significantly reduce the quantity of food waste, including policies and programs to carry out food waste reduction activities; and (ii) to develop a plan under which the eligible entity will carry out at least 1 food waste reduction activity, prioritizing prevention to the extent practicable. (B) Food waste data and reports Under the program established under paragraph (1), the Administrator may award a grant to an eligible entity, excluding any eligible entity that is a nonprofit organization— (i) to collect data on the quantity of food waste generated in the State or area in which the eligible entity is located or otherwise serves; and (ii) to publish, on any publicly available website (which may include the website of a nongovernmental organization), a monthly or quarterly report on the data collected under clause (i). (C) Food waste reduction projects Under the program established under paragraph (1), the Administrator may award a grant to an eligible entity— (i) (I) to carry out or otherwise support a food waste reduction activity; (II) to implement a differential pricing policy on the disposal of food waste— (aa) to disincentivize disposing of food waste by incineration or deposit in a landfill; and (bb) to incentivize carrying out food waste reduction activities; (III) to pay for or provide technical assistance to carry out a food waste reduction activity; (IV) to implement restrictions on disposing of food waste by incineration or deposit in a landfill; (V) to implement food waste reduction activity requirements; (VI) to implement demand-stimulating policies for recycling end-markets; or (VII) to carry out any other activity the Administrator determines will reduce the quantity of food waste in the applicable area; and (ii) to collect data and publish reports as described in subparagraph (B). (c) Applications (1) In general To apply for a grant under this section, an eligible entity shall submit to the Administrator an application at such time and in such form as the Administrator may require, which shall demonstrate how the eligible entity will use the grant in accordance with subsection (b)(3). (2) Nonprofit organizations In the case of an application under paragraph (1) from an eligible entity that is a nonprofit organization, the application shall include— (A) a letter of support for the proposed use of the grant from— (i) the relevant local government, territorial government, Tribal government, or State; or (ii) another nonprofit organization that— (I) has a demonstrated history of undertaking work in the geographic region where the proposed use of the grant is to take place, as determined by the Administrator; and (II) would not be involved in the proposed use of the grant; and (B) any other information the Administrator may require. (3) Prioritization In awarding grants under this section, the Administrator shall— (A) seek to award grants for use in diverse locations and for diverse uses; and (B) prioritize awarding grants to— (i) any eligible entity, excluding any eligible entity that is a nonprofit organization, that— (I) implements a program to carry out food waste reduction activities; or (II) has a demonstrated need, as determined by the Administrator, for additional investment in infrastructure or other resources to be able to implement a program to carry out food waste reduction activities; or (ii) an eligible entity that will use the grant in accordance with subsection (b)(3)(C)(i) in a community of color, low-income community, or Tribal community that has been disproportionately affected by adverse human health or environmental effects. (4) Anaerobic digestion projects With respect to any grant awarded under subsection (b)(3)(C) to carry out an anaerobic digestion project, the Administrator shall— (A) require the applicant to submit to the Administrator a plan for end-product recycling that, in accordance with guidelines the Administrator shall establish— (i) provides for the use of the material resulting from the project as a soil amendment; and (ii) ensures that the use of the material resulting from the project does not create an environmental hazard; and (B) require the eligible entity that is carrying out the project— (i) to limit its use of animal waste to not more than 20 percent of the total feedstock of the project; and (ii) to only use source separated organics as the portion of the total feedstock that is not animal waste. (d) Reporting (1) Effect of use of grant Each eligible entity that receives a grant under this section shall submit to the Administrator a report, at such time and in such form as the Administrator may require, on the results of the use of the grant, which shall include any relevant data requested by the Administrator for purposes of tracking the effectiveness of the program established under subsection (b)(1). (2) Annual report The Administrator shall submit to Congress and make publicly available on the website of the Environmental Protection Agency an annual report describing— (A) the effectiveness of the program established under subsection (b)(1) in reducing the quantity of food waste by 50 percent by 2030, relative to that quantity in 2010, including information on the progress of that reduction; and (B) the means by which the Administrator is promoting learning among grantees and other stakeholders to better achieve results. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $650,000,000 for each of fiscal years 2022 through 2031, to remain available until expended.
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3,231
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To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Closing the Warrantless Digital Car Search Loophole Act of 2021.", "id": "H8FBEB8FC83E9489589358DC9FC378320", "header": "Short title" }, { "text": "2. Vehicle data \n(a) In general \nPart I of title 18, United States Code, is amended by adding at the end the following: 124 Accessing vehicle data. \nSec. 2730. Definitions. 2731. Prohibition on access to vehicle data. 2732. Prohibition on use of acquired information as evidence. 2730. Definitions \nIn this chapter: (1) Access \nThe term access — (A) means any retrieval of covered vehicle data, regardless of— (i) whether the data is obtained as the information is being produced or from digital storage; and (ii) where the vehicle data is stored or transmitted, including by wire or radio; and (B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ). (2) Consent \nThe term consent — (A) means an affirmative, express, and voluntary agreement that— (i) states that the person providing the consent is providing consent to a government official to access the digital contents, access credential, or online account information, or other information being sought; (ii) specifies the type of content, access credential, or online account information the person is providing access to; (iii) specifies the time period of the covered vehicle data to be accessed; (iv) informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained; (v) does not involve sanctions or the threat of sanctions for withholding consent; and (vi) uses clear, simple, and comprehensible language that is presented in a way that is accessible to the person providing consent; and (B) does not include consent obtained through agreement to a generic privacy policy. (3) Covered vehicle data \nThe term covered vehicle data — (A) means all onboard and telematics data generated by, processed by, or stored on a noncommercial vehicle using computing, storage and communication systems installed, attached to, or carried in the vehicle, including diagnostic data, entertainment system data, navigation data, images or data captured by onboard sensors, or cameras, including images or data used to support automated features or autonomous driving, internet access, and communication to and from vehicle occupants; (B) includes data gathered by event data recorders; and (C) does not include— (i) automotive software installed by the manufacturer, as defined by applicable industry standards or regulations; (ii) any data subject to chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ); or (iii) data that is collected from outside the vehicle, including speed data and geolocation data, for purposes of traffic, law enforcement, or toll collection. (4) Event data recorder \nThe term event data recorder has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). (5) Investigative or law enforcement officer \nThe term investigative or law enforcement officer means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. (6) Noncommercial vehicle \nThe term noncommercial vehicle has the meaning given the term non-CMV in section 383.5 of title 49, Code of Federal Regulations. (7) State \nThe term State means any State of the United States, the District of Columbia, and any territory or possession of the United States. (8) Vehicle operator \nThe term vehicle operator means— (A) a person who controls the operation of a vehicle at the time consent is sought; and (B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. 2731. Prohibition on access to vehicle data \n(a) In general \nExcept as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 , 1823). (b) Exceptions \n(1) Consent \n(A) In general \nAn investigative or law enforcement officer may access covered vehicle data if— (i) the vehicle operator provides prior consent to such access; and (ii) no passenger 14 years of age or older objects to the access. (B) Vehicle owner \nIf the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. (C) Unlawful possession \nNo individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual— (i) is the vehicle operator who is in unlawful possession of the vehicle; or (ii) is a passenger who unlawfully obtained access to the vehicle. (D) Oral consent \nConsent provided under this paragraph shall be in writing unless— (i) the person providing the consent requests that the consent be made orally; and (ii) the request for consent and the consent are recorded. (E) Consent of vehicle operator \nIf the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. (2) Emergency \n(A) In general \nAn investigative or law enforcement officer, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may access covered vehicle data if— (i) such officer reasonably determines that an emergency situation exists that— (I) involves immediate danger of death or serious physical injury to any person; and (II) requires access to covered vehicle data before such officer can, with due diligence, obtain a warrant; (ii) there are grounds upon which a warrant could be granted to authorize such access; and (iii) an application for a warrant approving such access is submitted to a court within 48 hours after the access has occurred or begins to occur. (B) Denial \nIf an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. (3) Event data recorder for motor vehicle safety \nIn addition to the exceptions in paragraphs (1) and (2), data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph (3), (4), or (5) of section 24302(b) of the Driver Privacy Act of 2015 ( 49 U.S.C. 30101 note). (4) Rule of construction \nNothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2732. Prohibition on use of acquired information as evidence \n(a) In general \nIf any covered vehicle data has been acquired in violation of this chapter, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (b) Probable cause \nNo data described in section 2731(b)(3) may be used to establish probable cause.. (b) Technical and conforming amendments \n(1) Driver Privacy Act of 2015 \nSection 24302 of the Driver Privacy Act of 2015 ( 49 U.S.C. 30101 note) is amended— (A) in subsection (b), in the matter preceding paragraph (1), by striking Data and inserting Except as provided in subsection (c), data ; and (B) by adding at the end the following: (c) Investigative or law enforcement officers \nAn investigative or law enforcement officer may only access or retrieve data recorded or transmitted by an event data recorder described in subsection (a) in accordance with chapter 124 of title 18, United States Code.. (2) Table of chapters \nThe table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: 124. Accessing vehicle data 2730.", "id": "HA9FF2C8D1DB945929BEA862A6FE65FB1", "header": "Vehicle data" }, { "text": "2730. Definitions \nIn this chapter: (1) Access \nThe term access — (A) means any retrieval of covered vehicle data, regardless of— (i) whether the data is obtained as the information is being produced or from digital storage; and (ii) where the vehicle data is stored or transmitted, including by wire or radio; and (B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ). (2) Consent \nThe term consent — (A) means an affirmative, express, and voluntary agreement that— (i) states that the person providing the consent is providing consent to a government official to access the digital contents, access credential, or online account information, or other information being sought; (ii) specifies the type of content, access credential, or online account information the person is providing access to; (iii) specifies the time period of the covered vehicle data to be accessed; (iv) informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained; (v) does not involve sanctions or the threat of sanctions for withholding consent; and (vi) uses clear, simple, and comprehensible language that is presented in a way that is accessible to the person providing consent; and (B) does not include consent obtained through agreement to a generic privacy policy. (3) Covered vehicle data \nThe term covered vehicle data — (A) means all onboard and telematics data generated by, processed by, or stored on a noncommercial vehicle using computing, storage and communication systems installed, attached to, or carried in the vehicle, including diagnostic data, entertainment system data, navigation data, images or data captured by onboard sensors, or cameras, including images or data used to support automated features or autonomous driving, internet access, and communication to and from vehicle occupants; (B) includes data gathered by event data recorders; and (C) does not include— (i) automotive software installed by the manufacturer, as defined by applicable industry standards or regulations; (ii) any data subject to chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ); or (iii) data that is collected from outside the vehicle, including speed data and geolocation data, for purposes of traffic, law enforcement, or toll collection. (4) Event data recorder \nThe term event data recorder has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). (5) Investigative or law enforcement officer \nThe term investigative or law enforcement officer means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. (6) Noncommercial vehicle \nThe term noncommercial vehicle has the meaning given the term non-CMV in section 383.5 of title 49, Code of Federal Regulations. (7) State \nThe term State means any State of the United States, the District of Columbia, and any territory or possession of the United States. (8) Vehicle operator \nThe term vehicle operator means— (A) a person who controls the operation of a vehicle at the time consent is sought; and (B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle.", "id": "HE5449BC603DE482BBD992057100EE430", "header": "Definitions" }, { "text": "2731. Prohibition on access to vehicle data \n(a) In general \nExcept as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 , 1823). (b) Exceptions \n(1) Consent \n(A) In general \nAn investigative or law enforcement officer may access covered vehicle data if— (i) the vehicle operator provides prior consent to such access; and (ii) no passenger 14 years of age or older objects to the access. (B) Vehicle owner \nIf the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. (C) Unlawful possession \nNo individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual— (i) is the vehicle operator who is in unlawful possession of the vehicle; or (ii) is a passenger who unlawfully obtained access to the vehicle. (D) Oral consent \nConsent provided under this paragraph shall be in writing unless— (i) the person providing the consent requests that the consent be made orally; and (ii) the request for consent and the consent are recorded. (E) Consent of vehicle operator \nIf the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. (2) Emergency \n(A) In general \nAn investigative or law enforcement officer, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may access covered vehicle data if— (i) such officer reasonably determines that an emergency situation exists that— (I) involves immediate danger of death or serious physical injury to any person; and (II) requires access to covered vehicle data before such officer can, with due diligence, obtain a warrant; (ii) there are grounds upon which a warrant could be granted to authorize such access; and (iii) an application for a warrant approving such access is submitted to a court within 48 hours after the access has occurred or begins to occur. (B) Denial \nIf an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. (3) Event data recorder for motor vehicle safety \nIn addition to the exceptions in paragraphs (1) and (2), data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph (3), (4), or (5) of section 24302(b) of the Driver Privacy Act of 2015 ( 49 U.S.C. 30101 note). (4) Rule of construction \nNothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable.", "id": "idBCB065E1689B4C2290180268DE08C493", "header": "Prohibition on access to vehicle data" }, { "text": "2732. Prohibition on use of acquired information as evidence \n(a) In general \nIf any covered vehicle data has been acquired in violation of this chapter, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (b) Probable cause \nNo data described in section 2731(b)(3) may be used to establish probable cause.", "id": "HCA93CF0329184D578760F99CACFAD1EA", "header": "Prohibition on use of acquired information as evidence" } ]
5
1. Short title This Act may be cited as the Closing the Warrantless Digital Car Search Loophole Act of 2021. 2. Vehicle data (a) In general Part I of title 18, United States Code, is amended by adding at the end the following: 124 Accessing vehicle data. Sec. 2730. Definitions. 2731. Prohibition on access to vehicle data. 2732. Prohibition on use of acquired information as evidence. 2730. Definitions In this chapter: (1) Access The term access — (A) means any retrieval of covered vehicle data, regardless of— (i) whether the data is obtained as the information is being produced or from digital storage; and (ii) where the vehicle data is stored or transmitted, including by wire or radio; and (B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ). (2) Consent The term consent — (A) means an affirmative, express, and voluntary agreement that— (i) states that the person providing the consent is providing consent to a government official to access the digital contents, access credential, or online account information, or other information being sought; (ii) specifies the type of content, access credential, or online account information the person is providing access to; (iii) specifies the time period of the covered vehicle data to be accessed; (iv) informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained; (v) does not involve sanctions or the threat of sanctions for withholding consent; and (vi) uses clear, simple, and comprehensible language that is presented in a way that is accessible to the person providing consent; and (B) does not include consent obtained through agreement to a generic privacy policy. (3) Covered vehicle data The term covered vehicle data — (A) means all onboard and telematics data generated by, processed by, or stored on a noncommercial vehicle using computing, storage and communication systems installed, attached to, or carried in the vehicle, including diagnostic data, entertainment system data, navigation data, images or data captured by onboard sensors, or cameras, including images or data used to support automated features or autonomous driving, internet access, and communication to and from vehicle occupants; (B) includes data gathered by event data recorders; and (C) does not include— (i) automotive software installed by the manufacturer, as defined by applicable industry standards or regulations; (ii) any data subject to chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ); or (iii) data that is collected from outside the vehicle, including speed data and geolocation data, for purposes of traffic, law enforcement, or toll collection. (4) Event data recorder The term event data recorder has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). (5) Investigative or law enforcement officer The term investigative or law enforcement officer means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. (6) Noncommercial vehicle The term noncommercial vehicle has the meaning given the term non-CMV in section 383.5 of title 49, Code of Federal Regulations. (7) State The term State means any State of the United States, the District of Columbia, and any territory or possession of the United States. (8) Vehicle operator The term vehicle operator means— (A) a person who controls the operation of a vehicle at the time consent is sought; and (B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. 2731. Prohibition on access to vehicle data (a) In general Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 , 1823). (b) Exceptions (1) Consent (A) In general An investigative or law enforcement officer may access covered vehicle data if— (i) the vehicle operator provides prior consent to such access; and (ii) no passenger 14 years of age or older objects to the access. (B) Vehicle owner If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. (C) Unlawful possession No individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual— (i) is the vehicle operator who is in unlawful possession of the vehicle; or (ii) is a passenger who unlawfully obtained access to the vehicle. (D) Oral consent Consent provided under this paragraph shall be in writing unless— (i) the person providing the consent requests that the consent be made orally; and (ii) the request for consent and the consent are recorded. (E) Consent of vehicle operator If the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. (2) Emergency (A) In general An investigative or law enforcement officer, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may access covered vehicle data if— (i) such officer reasonably determines that an emergency situation exists that— (I) involves immediate danger of death or serious physical injury to any person; and (II) requires access to covered vehicle data before such officer can, with due diligence, obtain a warrant; (ii) there are grounds upon which a warrant could be granted to authorize such access; and (iii) an application for a warrant approving such access is submitted to a court within 48 hours after the access has occurred or begins to occur. (B) Denial If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. (3) Event data recorder for motor vehicle safety In addition to the exceptions in paragraphs (1) and (2), data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph (3), (4), or (5) of section 24302(b) of the Driver Privacy Act of 2015 ( 49 U.S.C. 30101 note). (4) Rule of construction Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2732. Prohibition on use of acquired information as evidence (a) In general If any covered vehicle data has been acquired in violation of this chapter, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (b) Probable cause No data described in section 2731(b)(3) may be used to establish probable cause.. (b) Technical and conforming amendments (1) Driver Privacy Act of 2015 Section 24302 of the Driver Privacy Act of 2015 ( 49 U.S.C. 30101 note) is amended— (A) in subsection (b), in the matter preceding paragraph (1), by striking Data and inserting Except as provided in subsection (c), data ; and (B) by adding at the end the following: (c) Investigative or law enforcement officers An investigative or law enforcement officer may only access or retrieve data recorded or transmitted by an event data recorder described in subsection (a) in accordance with chapter 124 of title 18, United States Code.. (2) Table of chapters The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: 124. Accessing vehicle data 2730. 2730. Definitions In this chapter: (1) Access The term access — (A) means any retrieval of covered vehicle data, regardless of— (i) whether the data is obtained as the information is being produced or from digital storage; and (ii) where the vehicle data is stored or transmitted, including by wire or radio; and (B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ). (2) Consent The term consent — (A) means an affirmative, express, and voluntary agreement that— (i) states that the person providing the consent is providing consent to a government official to access the digital contents, access credential, or online account information, or other information being sought; (ii) specifies the type of content, access credential, or online account information the person is providing access to; (iii) specifies the time period of the covered vehicle data to be accessed; (iv) informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained; (v) does not involve sanctions or the threat of sanctions for withholding consent; and (vi) uses clear, simple, and comprehensible language that is presented in a way that is accessible to the person providing consent; and (B) does not include consent obtained through agreement to a generic privacy policy. (3) Covered vehicle data The term covered vehicle data — (A) means all onboard and telematics data generated by, processed by, or stored on a noncommercial vehicle using computing, storage and communication systems installed, attached to, or carried in the vehicle, including diagnostic data, entertainment system data, navigation data, images or data captured by onboard sensors, or cameras, including images or data used to support automated features or autonomous driving, internet access, and communication to and from vehicle occupants; (B) includes data gathered by event data recorders; and (C) does not include— (i) automotive software installed by the manufacturer, as defined by applicable industry standards or regulations; (ii) any data subject to chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ); or (iii) data that is collected from outside the vehicle, including speed data and geolocation data, for purposes of traffic, law enforcement, or toll collection. (4) Event data recorder The term event data recorder has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). (5) Investigative or law enforcement officer The term investigative or law enforcement officer means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. (6) Noncommercial vehicle The term noncommercial vehicle has the meaning given the term non-CMV in section 383.5 of title 49, Code of Federal Regulations. (7) State The term State means any State of the United States, the District of Columbia, and any territory or possession of the United States. (8) Vehicle operator The term vehicle operator means— (A) a person who controls the operation of a vehicle at the time consent is sought; and (B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. 2731. Prohibition on access to vehicle data (a) In general Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 , 1823). (b) Exceptions (1) Consent (A) In general An investigative or law enforcement officer may access covered vehicle data if— (i) the vehicle operator provides prior consent to such access; and (ii) no passenger 14 years of age or older objects to the access. (B) Vehicle owner If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. (C) Unlawful possession No individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual— (i) is the vehicle operator who is in unlawful possession of the vehicle; or (ii) is a passenger who unlawfully obtained access to the vehicle. (D) Oral consent Consent provided under this paragraph shall be in writing unless— (i) the person providing the consent requests that the consent be made orally; and (ii) the request for consent and the consent are recorded. (E) Consent of vehicle operator If the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. (2) Emergency (A) In general An investigative or law enforcement officer, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may access covered vehicle data if— (i) such officer reasonably determines that an emergency situation exists that— (I) involves immediate danger of death or serious physical injury to any person; and (II) requires access to covered vehicle data before such officer can, with due diligence, obtain a warrant; (ii) there are grounds upon which a warrant could be granted to authorize such access; and (iii) an application for a warrant approving such access is submitted to a court within 48 hours after the access has occurred or begins to occur. (B) Denial If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. (3) Event data recorder for motor vehicle safety In addition to the exceptions in paragraphs (1) and (2), data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph (3), (4), or (5) of section 24302(b) of the Driver Privacy Act of 2015 ( 49 U.S.C. 30101 note). (4) Rule of construction Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2732. Prohibition on use of acquired information as evidence (a) In general If any covered vehicle data has been acquired in violation of this chapter, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (b) Probable cause No data described in section 2731(b)(3) may be used to establish probable cause.
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To protect human rights and enhance opportunities for LGBTQI people around the world, and for other purposes.
[ { "text": "1. Short titles; table of contents \n(a) Short titles \nThis Act may be cited as the Greater Leadership Overseas for the Benefit of Equality Act of 2021 or the GLOBE Act of 2021. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short titles; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Documenting and responding to bias-motivated violence against LGBTQI people abroad. Sec. 5. Sanctions on individuals responsible for violations of human rights against LGBTQI people. Sec. 6. Combating international criminalization of LGBTQI status, expression, or conduct. Sec. 7. Foreign assistance to protect human rights of LGBTQI people. Sec. 8. Global health inclusivity. Sec. 9. Immigration reform. Sec. 10. Issuance of passports and guarantee of citizenship to certain children born abroad. Sec. 11. Engaging international organizations in the fight against LGBTQI discrimination. Sec. 12. Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts.", "id": "S1", "header": "Short titles; table of contents" }, { "text": "2. Findings \nCongress finds the following: (1) The norms of good governance, human rights protections, and the rule of law have been violated unconscionably with respect to LGBTQI people in an overwhelming majority of countries around the world, where LGBTQI people face violence, hatred, bigotry, and discrimination because of who they are and who they love. (2) In at least 68 countries (almost 40 percent of countries in the world), same-sex relations and relationships are criminalized. Many countries also criminalize or otherwise prohibit cross-dressing and gender-affirming treatments for transgender individuals. (3) The World Bank has begun to measure the macro-economic costs of criminal laws targeting LGBTQI individuals through lost productivity, detrimental health outcomes and violence, as a step toward mitigating those costs. (4) Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State’s annual Country Human Rights Reports to Congress. These reports continue to show a clear pattern of human rights violations, including murder, rape, torture, death threats, extortion, and imprisonment, in every region of the world based on sexual orientation and gender identity. In many instances police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBTQI citizens. (5) As documented by the Department of State, LGBTQI individuals are subjected in many countries to capricious imprisonment, loss of employment, housing, access to health care, and societal stigma and discrimination. LGBTQI-specific restrictions on basic freedoms of assembly, press, and speech exist in every region of the world. (6) Targeted sanctions are an important tool to push for accountability for violations of the human rights of LGBTQI people. (7) Anti-LGBTQI laws and discrimination pose significant risks for LGBTQI youth who come out to their family or community and often face rejection, homelessness, and limited educational and economic opportunities. These factors contribute to increased risks of substance abuse, suicide, and HIV infection among LGBTQI youth. (8) Anti-LGBTQI laws also increase global health risks. Studies have shown that when LGBTQI people (especially LGBTQI youth) face discrimination, they are less likely to seek HIV testing, prevention, and treatment services. (9) LGBTQI populations are disproportionately impacted by the Mexico City Policy, also widely referred to as the global gag rule. LGBTQI people often receive much of their health care through reproductive health clinics, and organizations that cannot comply with the policy are forced to discontinue work on United States-supported global health projects that are frequently used by LGBTQI populations, including HIV prevention and treatment, stigma reduction, and research. (10) Because they face tremendous discrimination in the formal labor sector, many sex workers are also LGBTQI individuals, and many sex-worker-led programs and clinics serve the LGBTQI community with safe, non-stigmatizing, medical and social care. The United States Agency for International Development has also referred to sex workers as a most-at-risk population. The anti-prostitution loyalty oath that health care providers receiving United States assistance must take isolates sex-worker-led and serving groups from programs and reinforces stigma, undermining both the global AIDS response and human rights. A 2013 Supreme Court opinion held this requirement to be unconstitutional as it applies to United States nongovernmental organizations and their foreign affiliates. (11) According to the Trans Murder Monitoring Project, which monitors homicides of transgender individuals, there were at least 350 cases of reported killings of trans and gender-diverse people between October 2019 and September 2020. (12) In many countries, intersex individuals experience prejudice and discrimination because their bodies do not conform to general expectations about sex and gender. Because of these expectations, medically unnecessary interventions are often performed in infancy without the consent or approval of intersex individuals, in violation of international human rights standards. (13) Asylum and refugee protection are critical last-resort protections for LGBTQI individuals, but those who seek such protections face ostracization and abuse in refugee camps and detention facilities. They are frequently targeted for violence, including sexual assault, in refugee camps and in immigration detention. LGBTQI individuals may be segregated against their will for long periods in solitary confinement, in an effort to protect them from such violence, but prolonged solitary confinement itself represents an additional form of abuse that is profoundly damaging to the social and psychological well-being of any individual. (14) The global COVID–19 pandemic has exacerbated inequalities faced by LGBTQI individuals, including access to health care, stigma, and discrimination, undermining LGBTQI rights around the world. (15) In December 2011, President Barack Obama directed all Federal foreign affairs agencies to ensure that their diplomatic, humanitarian, health and foreign assistance programs take into account the needs of marginalized LGBTQI communities and persons. (16) In 2015, the Department of State established the position of Special Envoy for the Human Rights of LGBTQI Persons. (17) In 2021, President Joseph Biden issued the Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World, which stated that it shall be the policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics and called for United States global leadership in the cause of advancing the human rights of LGBTQI+ persons around the world. (18) In 2020, in Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) prohibits discrimination on the basis of gender identity and sexual orientation. On January 20, 2021, President Biden issued Executive Order 13988 (86 Fed. Reg. 7023) to enforce this holding, which orders all Federal agency heads, including the Secretary of State and the Administrator of the United States Agency for International Development, to review agency actions to determine what additional steps should be taken to ensure that agency policies are consistent with the nondiscrimination policy set forth in the Executive order. (19) The use of United States diplomatic tools, including the Department of State’s exchange and speaker programs, to address the human rights needs of marginalized communities has helped inform public debates in many countries regarding the protective responsibilities of any democratic government. (20) Inclusion of human rights protections for LGBTQI individuals in United States trade agreements, such as the Agreement between the United States of America, the United Mexican States, and Canada (commonly known as the USMCA ) and trade preference programs, is intended— (A) to ensure a level playing field for United States businesses; and (B) to provide greater workplace protections overseas, compatible with those of the United States. (21) Engaging multilateral fora and international institutions is critical to impacting global norms and to broadening global commitments to fairer standards for the treatment of all people, including LGBTQI people. The United States must remain a leader in the United Nations system and has a vested interest in the success of that multilateral engagement. (22) Ongoing United States participation in the Equal Rights Coalition, which is a new intergovernmental coalition of more than 40 governments and leading civil society organizations that work together to protect the human rights of LGBTQI people around the world, remains vital to international efforts to respond to violence and impunity. (23) Those who represent the United States abroad, including our diplomats, development specialists and military, should reflect the diversity of our country and honor America’s call to equality, including through proud and open service abroad by LGBTQI Americans and those living with HIV.", "id": "id22669f2ed0604537bebe0e732867a279", "header": "Findings" }, { "text": "3. Definitions \nIn this Act: (1) Appropriate congressional committees \nExcept as provided in section 5, the term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on the Judiciary of the Senate ; (C) the Committee on Appropriations of the Senate ; (D) the Committee on Foreign Affairs of the House of Representatives ; (E) the Committee on the Judiciary of the House of Representatives ; and (F) the Committee on Appropriations of the House of Representatives. (2) Gender identity \nThe term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. (3) LGBTQI \nThe term LGBTQI means lesbian, gay, bisexual, transgender, queer, or intersex. (4) Member of a vulnerable group \nThe term member of a vulnerable group means an alien who— (A) is younger than 21 years of age or older than 60 years of age; (B) is pregnant; (C) identifies as lesbian, gay, bisexual, transgender, or intersex; (D) is victim or witness of a crime; (E) has filed a nonfrivolous civil rights claim in Federal or State court; (F) has a serious mental or physical illness or disability; (G) has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) to have a credible fear of persecution; or (H) has been determined by an immigration judge or by the Secretary of Homeland Security, based on information obtained during intake, from the alien’s attorney or legal service provider, or through credible self-reporting, to be— (i) experiencing severe trauma; or (ii) a survivor of torture or gender-based violence. (5) Sexual orientation \nThe term sexual orientation means actual or perceived homosexuality, heterosexuality, or bisexuality.", "id": "id32b16db0d0ab40daa4cf5913bca7ea64", "header": "Definitions" }, { "text": "4. Documenting and responding to bias-motivated violence against LGBTQI people abroad \n(a) Information required To be included in annual country reports on human rights practices \n(1) Section 116 \nSection 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended— (A) in paragraph (11)(C), by striking and at the end; (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (13) wherever applicable, the nature and extent of criminalization, discrimination, and violence based on sexual orientation or gender identity, including the identification of countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation or gender identity, including detailed descriptions of such laws and provisions.. (2) Section 502B \nSection 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 ) is amended— (A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following: (k) Sexual orientation and gender identity \nThe report required under subsection (b) shall include, wherever applicable, the nature and extent of criminalization, discrimination, and violence based on sexual orientation or gender identity, including the identification of countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation or gender identity, including detailed descriptions of such laws and provisions.. (b) Review at diplomatic and consular posts \n(1) In general \nIn preparing the annual country reports on human rights practices required under section 116 or 502B of the Foreign Assistance Act of 1961, as amended by subsection (a), the Secretary of State shall obtain information from each diplomatic and consular post with respect to— (A) incidents of violence against LGBTQI people in the country in which such post is located; (B) an analysis of the factors enabling or aggravating such incidents, such as government policy, societal pressure, or external actors; and (C) the response (whether public or private) of the personnel of such post with respect to such incidents. (2) Addressing bias-motivated violence \nThe Secretary of State shall include in the annual strategic plans of the regional bureaus concrete diplomatic strategies, programs, and policies to address bias-motivated violence using information obtained pursuant to paragraph (1), such as programs to build capacity among civil society or governmental entities to document, investigate, and prosecute instances of such violence and provide support to victims of such violence. (c) Interagency group \n(1) Establishment \nThere is established an interagency group on responses to urgent threats to LGBTQI people in foreign countries (referred to in this subsection as the interagency group ), which— (A) shall be chaired by the Secretary of State; and (B) shall include the Secretary of Defense, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Attorney General, and the head of each other Federal department or agency that the President determines is relevant to the duties of the interagency group. (2) Duties \nThe duties of the interagency group shall be— (A) to coordinate the responses of each participating agency with respect to threats directed towards LGBTQI populations in other countries; (B) to develop longer-term approaches to policy developments and incidents negatively impacting the LGBTQI populations in specific countries; (C) to advise the President on the designation of foreign persons for sanctions pursuant to section 5; (D) to identify United States laws and policies, at the Federal, State, and local levels, that affirm the equality of LGBTQI persons; and (E) to use such identified laws and policies to develop diplomatic strategies to share the expertise obtained from the implementation of such laws and policies with appropriate officials of countries where LGBTQI persons do not enjoy equal protection under the law. (d) Special envoy for the human rights of LGBTQI peoples \n(1) Establishment \nThe Secretary of State shall establish, in the Bureau of Democracy, Human Rights, and Labor of the Department of State, a permanent Special Envoy for the Human Rights of LGBTQI Peoples (referred to in this section as the Special Envoy ), who— (A) shall be appointed by the President; and (B) shall report directly to the Assistant Secretary for Democracy, Human Rights, and Labor. (2) Rank \nThe Special Envoy may be appointed at the rank of Ambassador. (3) Purposes \nThe Special Envoy shall— (A) direct the efforts of the United States Government relating to United States foreign policy, as directed by the Secretary, regarding— (i) human rights abuses against LGBTQI people and communities internationally; and (ii) the advancement of human rights for LGBTQI people; and (B) represent the United States internationally in bilateral and multilateral engagement on the matters described in subparagraph (A). (4) Duties \n(A) In general \nThe Special Envoy— (i) shall serve as the principal advisor to the Secretary of State regarding human rights for LGBTQI people internationally; (ii) notwithstanding any other provision of law— (I) shall direct activities, policies, programs, and funding relating to the human rights of LGBTQI people and the advancement of LGBTQI equality initiatives internationally, for all bureaus and offices of the Department of State; and (II) shall lead the coordination of relevant international programs for all other Federal agencies relating to such matters; (iii) shall represent the United States in diplomatic matters relevant to the human rights of LGBTQI people, including criminalization, discrimination, and violence against LGBTQI people internationally; (iv) shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBTQI people in United States Government policies and international programs, including to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally; (v) shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBTQI people internationally, including for the prevention and response to criminalization, discrimination, and violence against LGBTQI people internationally; (vi) shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBTQI people and the development assistance priorities of the LGBTQI Coordinator of the United States Agency for International Development; (vii) shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally; (viii) shall ensure that— (I) programs, projects, and activities of the Department of State and the United States Agency for International Development designed to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally are subject to rigorous monitoring and evaluation; and (II) there is a uniform set of indicators and standards for such monitoring and evaluation that is used across international programs in Federal agencies; and (ix) is authorized to represent the United States in bilateral and multilateral fora on matters relevant to the human rights of LGBTQI people internationally, including criminalization, discrimination, and violence against LGBTQI people internationally. (5) Data repository \nThe Bureau of Democracy, Human Rights, and Labor— (A) shall be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to criminalization, discrimination, and violence against LGBTQI people internationally; and (B) shall produce— (i) a full accounting of United States Government spending on such programs, projects, and activities; and (ii) evaluations of the effectiveness of such programs, projects, and activities. (e) Training at international law enforcement academies \nThe President shall ensure that any international law enforcement academy supported by United States assistance shall provide training with respect to the rights of LGBTQI people, including through specialized courses highlighting best practices in the documentation, investigation and prosecution of bias-motivated hate crimes targeting persons based on actual or perceived sexual orientation, gender identity, or sex characteristics.", "id": "idb3fdfef773604602bdaee74e1b7aec20", "header": "Documenting and responding to bias-motivated violence against LGBTQI people abroad" }, { "text": "5. Sanctions on individuals responsible for violations of human rights against LGBTQI people \n(a) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate ; (B) the Committee on Foreign Relations of the Senate ; (C) the Committee on Homeland Security and Governmental Affairs of the Senate ; (D) the Committee on the Judiciary of the Senate ; (E) the Committee on Armed Services of the House of Representatives ; (F) the Committee on Foreign Affairs of the House of Representatives ; (G) the Committee on Homeland Security of the House of Representatives ; and (H) the Committee on the Judiciary of the House of Representatives. (2) Foreign person \nThe term foreign person has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (3) Immediate family member \nThe term immediate family member has the meaning given such term for purposes of section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ). (4) Person \nThe term person has the meaning given such term in section 591.308 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (b) In general \nNot later than 180 days after the date of the enactment of this Act and biannually thereafter, the President shall submit to the appropriate congressional committees a list of each foreign person the President determines, based on credible information, including information obtained by other countries or by nongovernmental organizations that monitor violations of human rights— (1) is responsible for or complicit in, with respect to persons based on actual or perceived sexual orientation, gender identity, or sex characteristics— (A) cruel, inhuman, or degrading treatment or punishment; (B) prolonged detention without charges and trial; (C) causing the disappearance of such persons by the abduction and clandestine detention of such persons; or (D) other flagrant denial of the right to life, liberty, or the security of such persons; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or (3) is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1). (c) Form; updates; removal \n(1) Form \nThe list required under subsection (b) shall be submitted in unclassified form and published in the Federal Register without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States, except that the President may include a foreign person in a classified, unpublished annex to such list if the President— (A) determines that— (i) such annex is vital for the national security interests of the United States; and (ii) the use of such annex, and the inclusion of such person in such annex, would not undermine the overall purpose of this section to publicly identify foreign persons engaging in the conduct described in subsection (b) in order to increase accountability for such conduct; and (B) not later than 15 days before including such person in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in such annex despite the existence of any publicly available credible information indicating that each such foreign person engaged in an activity described in subsection (b). (2) Updates \nThe President shall submit to the appropriate congressional committees an update of the list required under subsection (b) as new information becomes available. (3) Removal \nA foreign person may be removed from the list required under subsection (b) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of such person from such list that— (A) credible information exists that such person did not engage in the activity for which the person was included in such list; (B) such person has been prosecuted appropriately for the activity in which such person engaged; or (C) such person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which such person engaged, and has credibly committed to not engage in an activity described in subsection (b). (d) Public submission of information \nThe President shall issue public guidance, including through United States diplomatic and consular posts, setting forth the manner by which the names of foreign persons that may meet the criteria to be included on the list required under subsection (b) may be submitted to the Department of State for evaluation. (e) Requests from chair and ranking member of appropriate congressional committees \n(1) Consideration of information \nIn addition to the guidance issued pursuant to subsection (d), the President shall also consider information provided by the Chair or Ranking Member of each of the appropriate congressional committees in determining whether to include a foreign person in the list required under subsection (b). (2) Requests \nNot later than 120 days after receiving a written request from the Chair or Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being included in the list required under subsection (b), the President shall respond to such Chair or Ranking Member, as the case may be, with respect to the President’s determination relating to such foreign person. (3) Removal \nIf the President removes a foreign person from the list required under subsection (b) that had been included in such list pursuant to a request under paragraph (2), the President shall provide to the relevant Chair or Ranking Member of one of the appropriate congressional committees any information that contributed to such decision. (4) Form \nThe President may submit the response required under paragraph (2) or paragraph (3) in classified form if the President determines that such form is necessary for the national security interests of the United States. (f) Inadmissibility of certain individuals \n(1) Ineligibility for visas and admission to the United States \nA foreign person on the list required under subsection (b), and each immediate family member of such person, is— (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (2) Current visas revoked \n(A) In general \nThe issuing consular officer or the Secretary of State, (or a designee of the Secretary of State), in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), shall revoke any visa or other entry documentation issued to a foreign person on the list required under subsection (b), and any visa or other entry documentation issued to any immediate family member of such person, regardless of when the visa or other entry documentation is issued. (B) Effect of revocation \nA revocation under subparagraph (A) shall— (i) take effect immediately; and (ii) automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession. (C) Rulemaking \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as may be necessary to carry out this subsection. (D) Exception to comply with international obligations \nSanctions under this subsection shall not apply with respect to a foreign person if admitting or paroling such person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (3) Sense of Congress with respect to additional sanctions \nIt is the sense of Congress that the President should impose additional targeted sanctions with respect to foreign persons on the list required under subsection (b) to push for accountability for flagrant denials of the right to life, liberty, or the security of the person, through the use of designations and targeted sanctions provided for such conduct under other existing authorities. (4) Waivers in the interest of national security \n(A) In general \nThe President may waive the application of paragraph (1) or (2) with respect to a foreign person included in the list required under subsection (b) if the President determines, and submits to the appropriate congressional committees notice of, and justification for, such determination, that such a waiver— (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States. (B) Timing of certain waivers \nA waiver pursuant to a determination under subparagraph (A)(ii) shall be submitted not later than 15 days before the granting of such waiver. (g) Report to Congress \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the President, acting through the Secretary of State, shall submit a report to the appropriate congressional committees that describes— (1) the actions taken to carry out this section, including— (A) the number of foreign persons added to or removed from the list required under subsection (b) during the year immediately preceding each such report; (B) the dates on which such persons were added or removed; (C) the reasons for adding or removing such persons; and (D) an analysis that compares increases or decreases in the number of such persons added or removed year-over-year and the reasons for such increases or decreases; and (2) any efforts by the President to coordinate with the governments of other countries, as appropriate, to impose sanctions that are similar to the sanctions imposed under this section.", "id": "idd2c7cf1d2b0c4ceb9154c89be9f95097", "header": "Sanctions on individuals responsible for violations of human rights against LGBTQI people" }, { "text": "6. Combating international criminalization of LGBTQI status, expression, or conduct \n(a) Annual strategic review \nThe Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall include, during the course of annual strategic planning, an examination of— (1) the progress made in countries around the world toward the decriminalization of the status, expression, and conduct of LGBTQI individuals; (2) the obstacles that remain toward achieving such decriminalization; and (3) the strategies available to the Department of State and the United States Agency for International Development to address such obstacles. (b) Elements \nThe examination described in subsection (a) shall include— (1) an examination of the full range of criminal and civil laws of other countries that disproportionately impact communities of LGBTQI individuals or apply with respect to the conduct of LGBTQI individuals; (2) in consultation with the Attorney General, a list of countries in each geographic region with respect to which— (A) the Attorney General, acting through the Office of Overseas Prosecutorial Development Assistance and Training of the Department of Justice, shall prioritize programs seeking— (i) to decriminalize the status, expression, and conduct of LGBTQI individuals; (ii) to monitor the trials of those prosecuted because of such status, expression, or conduct; and (iii) to reform related laws having a discriminatory impact on LGBTQI individuals; (B) applicable speaker or exchange programs sponsored by the United States Government shall bring together civil society and governmental leaders— (i) to promote the recognition of LGBTQI rights through educational exchanges in the United States; and (ii) to support better understanding of the role that governments and civil societies mutually play in assurance of equal treatment of LGBTQI populations abroad.", "id": "idd46c10e166ea434c8a7bc0ca0bc2f88a", "header": "Combating international criminalization of LGBTQI status, expression, or conduct" }, { "text": "7. Foreign assistance to protect human rights of LGBTQI people \n(a) Sense of Congress \nIt is the sense of Congress that the full implementation of Executive Order 13988 (86 Fed. Reg. 7023; January 20, 2021) and the holding in Bostock v. Clayton County requires that United States foreign assistance and development organizations adopt the policy that no contractor, grantee, or implementing partner administering United States assistance for any humanitarian, development, or global health programs may discriminate against any employee or applicant for employment because of their gender identity or sexual orientation. (b) Global Equality Fund \n(1) In general \nThe Secretary of State shall establish a fund, to be known as the Global Equality Fund , to be managed by the Assistant Secretary of the Bureau of Democracy, Human Rights and Labor, consisting of such sums as may be appropriated to provide grants, emergency assistance, and technical assistance to eligible civil society organizations and human rights defenders working to advance and protect human rights for all including LGBTQI persons, by seeking— (A) to ensure the freedoms of assembly, association, and expression; (B) to protect persons or groups against the threat of violence, including medically unnecessary interventions performed on intersex infants; (C) to advocate against laws that— (i) criminalize LGBTQI status, expression, or conduct; or (ii) discriminate against individuals on the basis of sexual orientation, gender identity, or sex characteristics; (D) to end explicit and implicit forms of discrimination in the workplace, housing, education, and other public institutions or services; and (E) to build community awareness and support for the human rights of LGBTQI persons. (2) Contributions \nThe Secretary of State may accept financial and technical contributions, through the Global Equality Fund, from corporations, bilateral donors, foundations, nongovernmental organizations, and other entities supporting the outcomes described in paragraph (1). (3) Prioritization \nIn providing assistance through the Global Equality Fund, the Secretary of State shall ensure due consideration and appropriate prioritization of assistance to groups that have historically been excluded from programs undertaken for the outcomes described in paragraph (1). (c) LGBTQI global development partnership \nThe Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall establish a partnership, to be known as the LGBTQI Global Development Partnership , to leverage the financial and technical contributions of corporations, bilateral donors, foundations, nongovernmental organizations, and universities to support the human rights and development of LGBTQI persons around the world by supporting programs, projects, and activities— (1) to strengthen the capacity of LGBTQI leaders and civil society organizations; (2) to train LGBTQI leaders to effectively participate in democratic processes and lead civil institutions; (3) to conduct research to inform national, regional, or global policies and programs; and (4) to promote economic empowerment through enhanced LGBTQI entrepreneurship and business development. (d) Consultation \nIn coordinating programs, projects, and activities through the Global Equality Fund or the Global Development Partnership, the Secretary of State shall consult, as appropriate, with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies. (e) Report \nThe Secretary of State shall submit to the appropriate congressional committees an annual report on the work of, successes obtained, and challenges faced by the Global Equality Fund and the LGBTQI Global Development Partnership established in accordance with this section. (f) Limitation on assistance relating to equal access \n(1) In general \nNone of the amounts authorized to be appropriated or otherwise made available to provide United States assistance for any humanitarian, development, or global health programs may be made available to any contractor, grantee, or implementing partner, unless such recipient— (A) ensures that the program, project, or activity funded by such amounts are made available to all elements of the population, except to the extent that such program, project, or activity targets a population because of the higher assessed risk of negative outcomes among such populations; (B) undertakes to make every reasonable effort to ensure that each subcontractor or subgrantee of such recipient will also adhere to the requirement described in subparagraph (A); and (C) agrees to return all amounts awarded or otherwise provided by the United States, including such additional penalties as the Secretary of State may determine to be appropriate, if the recipient is not able to adhere to the requirement described in subparagraph (A). (2) Quarterly report \nThe Secretary of State shall provide to the appropriate congressional committees a quarterly report on the methods by which the Department of State monitors compliance with the requirement under paragraph (1)(A). (g) Office of Foreign Assistance \nThe Secretary of State, acting through the Director of the Office of Foreign Assistance, shall— (1) monitor the amount of foreign assistance obligated and expended on programs, projects, and activities relating to LGBTQI people; and (2) provide the results of the indicators tracking such expenditure, upon request, to the Organization for Economic Co-Operation and Development.", "id": "ida30a6acf0cc64e40a7bc1eb5bf9d96e4", "header": "Foreign assistance to protect human rights of LGBTQI people" }, { "text": "8. Global health inclusivity \n(a) In general \nThe Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall— (1) develop mechanisms to ensure that the President’s Emergency Plan for AIDS Relief (PEPFAR) is implemented in a way that equitably serves LGBTQI people in accordance with the goals described in section 7(f), including by requiring all partner entities receiving assistance through PEPFAR to receive training on the health needs of and human rights standards relating to LGBTQI people; and (2) promptly notify Congress of any obstacles encountered by a foreign government or contractor, grantee, or implementing partner in the effort to equitably implement PEPFAR as described in such subsection, including any remedial steps taken by the Coordinator to overcome such obstacles. (b) Report on international prosecutions for sex work or consensual sexual activity \nNot later than 180 days after the date of the enactment of this Act, the Coordinator shall submit a report to the appropriate congressional committees that describes the manner in which commodities, such as condoms provided by programs, projects, or activities funded through PEPFAR or other sources of United States assistance, have been used as evidence to arrest, detain, or prosecute individuals in other countries in order to enforce domestic laws criminalizing sex work or consensual sexual activity. (c) Report on HIV / AIDS -Related index testing \nNot later than 180 days after the date of the enactment of this Act, the Coordinator shall submit a report to the appropriate congressional committees that describes the impact of partner notification services and index testing on treatment adherence, intimate partner violence, and exposure to the criminal justice system for key populations, including LGBTQI people and sex workers, using qualitative and quantitative data. (d) Report on impact of global gag rule \nNot later than 180 days after the date of the enactment of this Act, the Government Accountability Office shall submit a report to the appropriate congressional committees that describes the impact, as of the date of the submission of the report, on the implementation and enforcement of any iteration of the Mexico City Policy on the global LGBTQI community. (e) Conforming amendments \n(1) PEPFAR authorization \nSection 301 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7631 ) is amended— (A) by striking subsections (d) through (f); and (B) by redesignating subsection (g) as subsection (d). (2) Allocation of funds by the global aids coordinator \nSection 403(a) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7673(a) ) is amended— (A) in paragraph (1)— (i) by striking shall— and all that follows through (A) provide and inserting shall provide ; (ii) by striking ; and and inserting a period; and (iii) by striking subparagraph (B); and (B) in paragraph (2)— (i) by striking Prevention strategy.— and all that follows through In carrying out paragraph (1), the and inserting Prevention strategy.—The ; and (ii) by striking subparagraph (B). (3) TVPA authorization \nSection 113 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7110 ) is amended— (A) by striking subsection (g); and (B) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively.", "id": "id55f465357fc44e8387d5f3d761c89d8f", "header": "Global health inclusivity" }, { "text": "9. Immigration reform \n(a) Refugees and asylum seekers \n(1) LGBTQI social group \nSection 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended by adding at the end the following: For purposes of determinations under this Act, a person who has been persecuted on the basis of sexual orientation or gender identity shall be deemed to have been persecuted on account of membership in a particular social group and a person who has a well founded fear of persecution on the basis of sexual orientation or gender identity shall be deemed to have a well founded fear of persecution on account of membership in a particular social group.. (2) Annual report \nSection 103(e)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1103(e) ) is amended— (A) by striking information on the number and inserting the following: “information on— (A) the number ; and (B) by striking the period at the end and inserting the following: “; and (B) the total number of applications for asylum and refugee status received that are, in whole or in part, based on persecution or a well founded fear of persecution on account of sexual orientation or gender identity, and the rate of approval administratively of such applications.. (3) Asylum filing deadline repeal \n(A) In general \nSection 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— (i) by striking subparagraph (B); (ii) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; (iii) in subparagraph (C), as redesignated— (I) by striking notwithstanding subparagraphs (B) and (C) and inserting notwithstanding subparagraph (B) ; (II) by striking either ; and (III) by striking or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B) ; and (iv) in subparagraph (D), as redesignated, by striking Subparagraphs (A) and (B) and inserting Subparagraph (A). (B) Application \nThe amendments made by subparagraph (A) shall apply to applications for asylum filed before, on, or after the date of the enactment of this Act. (b) Permanent partners \nSection 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— (1) in paragraph (35), by inserting includes any permanent partner, but before does not include ; and (2) by adding at the end the following: (53) The term marriage includes a permanent partnership. (54) The term permanent partner means an individual who is 18 years of age or older and who— (A) is in a committed, intimate relationship with another individual who is 18 years of age or older, in which both parties intend a lifelong commitment; (B) is financially interdependent with the other individual; (C) is not married to anyone other than the other individual; (D) is a national of or, in the case of a person having no nationality, last habitually resided in a country that prohibits marriage between the individuals; and (E) is not a first-, second-, or third-degree blood relation of the other individual. (55) The term permanent partnership means the relationship that exists between 2 permanent partners.. (c) Counsel \n(1) Appointment of counsel \nSection 240(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(4) ) is amended— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting , and ; and (C) by adding at the end the following: (D) notwithstanding subparagraph (A), in a case in which an indigent alien requests representation, such representation shall be appointed by the court, at the expense of the Government, for such proceedings.. (2) Right to counsel \nSection 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended— (A) by inserting (a) before In any ; (B) by striking he and inserting the person ; and (C) by adding at the end the following: (b) Notwithstanding subsection (a), in a case in which an indigent alien requests representation, such representation shall be appointed by the court, at the expense of the Government, for the proceedings described in subsection (a). (c) In an interview relating to admission under section 207, an alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the alien shall choose.. (d) Refugee admissions of LGBTQI aliens from certain countries \n(1) In general \nAliens who are nationals of or, in the case of aliens having no nationality, last habitually resided in a country that fails to protect against persecution on the basis of sexual orientation or gender identity, and who share common characteristics that identify them as targets of persecution on account of sexual orientation or gender identity, are eligible for Priority 2 processing under the refugee resettlement priority system. (2) Resettlement processing \n(A) In general \nIf a refugee admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) discloses information to an employee or contractor of the Bureau of Population, Refugees, and Migration of the Department of State regarding the refugee’s sexual orientation or gender identity, the Secretary of State, with the refugee’s consent, shall provide such information to the appropriate national resettlement agency— (i) to prevent the refugee from being placed in a community in which the refugee is likely to face continued discrimination; and (ii) to place the refugee in a community that offers services to meet the needs of the refugee. (B) Defined term \nThe term national resettlement agency means an agency contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States. (e) Training program \n(1) Training program \nIn order to create an environment in which an alien may safely disclose such alien’s sexual orientation or gender identity, the Secretary of Homeland Security, in consultation with the Secretary of State, shall establish a training program for staff and translators who participate in the interview process of aliens seeking asylum or status as a refugee. (2) Components of training program \nThe training program described in paragraph (1) shall include instruction regarding— (A) appropriate word choice and word usage; (B) creating safe spaces and facilities for LGBTQI aliens; (C) confidentiality requirements; and (D) nondiscrimination policies. (f) Limitation on detention \n(1) Presumption of release \n(A) In general \nExcept as provided in subparagraphs (B) and (C) and notwithstanding any other provision of law, the Secretary of Homeland Security— (i) may not detain an alien who is a member of a vulnerable group under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) pending a decision with respect to whether the alien is to be removed from the United States; and (ii) shall immediately release any detained alien who is a member of a vulnerable group. (B) Exceptions \nThe Secretary of Homeland Security may detain, pursuant to the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), an alien who is a member of a vulnerable group if the Secretary makes a determination, using credible and individualized information, that the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings, or that the alien is a threat to another person or to the community. The fact that an alien has a criminal charge pending against the alien may not be the sole factor to justify the detention of the alien. (C) Removal \nIf detention is the least restrictive means of effectuating the removal from the United States of an alien who is a member of a vulnerable group, the subject of a final order of deportation or removal, and not detained under subparagraph (B), the Secretary of Homeland Security may, solely for the purpose of such removal, detain the alien for a period that is— (i) the shortest possible period immediately preceding the removal of the alien from the United States; and (ii) not more than 5 days. (2) Weekly review required \n(A) In general \nNot less frequently than weekly, the Secretary of Homeland Security shall conduct an individualized review of any alien detained pursuant to paragraph (1)(B) to determine whether the alien should continue to be detained under such paragraph. (B) Release \nNot later than 24 hours after the date on which the Secretary makes a determination under subparagraph (A) that an alien should not be detained under paragraph (1)(B), the Secretary shall release the detainee. (g) Protective custody for LGBTQI alien detainees \n(1) Detainees \nAn LGBTQI alien who is detained pursuant to subparagraph (B) or (C) of subsection (f)(1) may not be placed in housing that is segregated from the general population unless— (A) the alien requests placement in such housing for the protection of the alien; or (B) the Secretary of Homeland Security determines, after assessing all available alternatives, that there is no available alternative means of separation from likely abusers. (2) Placement factors \nIf an LGBTQI alien is placed in segregated housing pursuant to paragraph (1), the Secretary of Homeland Security shall ensure that such housing— (A) includes non-LGBTQI aliens, to the extent practicable; and (B) complies with any applicable court order for the protection of LGBTQI aliens. (3) Protective custody requests \nIf a detained LGBTQI alien requests placement in segregated housing for the protection of such alien, the Secretary of Homeland Security shall grant such request. (h) Sense of Congress \nIt is the sense of Congress that the Secretary of Homeland Security should hire a sufficient number of Refugee Corps officers for refugee interviews to be held within a reasonable period of time and adjudicated not later than 180 days after a request for Priority 2 consideration is filed.", "id": "idb875633d494d42ba9bb0e234fa53a99a", "header": "Immigration reform" }, { "text": "10. Issuance of passports and guarantee of citizenship to certain children born abroad \n(a) Sex identification markers \nThe Secretary of State, through any appropriate regulation, manual, policy, form, or other updates, shall ensure that an applicant may self-select the sex designation (including a non-binary or neutral designation, such as X ) on any identity document issued by the Department of State that displays sex information, including passports and consular reports of birth abroad. (b) Guarantee of citizenship to children born abroad using assistive reproduction technology \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall issue regulations clarifying that no biological connection between a parent and a child is required for a child to acquire citizenship at birth from a United States citizen parent under subsections (c), (d), (e), and (g) of section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) if such parent is recognized as the legal parent of the child from birth under the local law at the place of birth or under United States law.", "id": "id723eae40945b425bbe9a8ca51985f9b6", "header": "Issuance of passports and guarantee of citizenship to certain children born abroad" }, { "text": "11. Engaging international organizations in the fight against LGBTQI discrimination \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the United States should be a leader in efforts by the United Nations to ensure that human rights norms, development principles, and political rights are fully inclusive of LGBTQI people; (2) United States leadership within international financial institutions, such as the World Bank and the regional development banks, should be used to ensure that the programs, projects, and activities undertaken by such institutions are fully inclusive of all people, including LGBTQI people; and (3) the Secretary of State should seek appropriate opportunities to encourage the equal treatment of LGBTQI people during discussions with or participation in the full range of regional, multilateral, and international fora, such as the Organization of American States, the Organization for Security and Cooperation in Europe, the European Union, the African Union, and the Association of South East Asian Nations. (b) Action through the Equal Rights Coalition \nThe Secretary of State shall promote diplomatic coordination through the Equal Rights Coalition, established in July 2016 at the Global LGBTQI Human Rights Conference in Montevideo, Uruguay, and other multilateral mechanisms, to achieve the goals and outcomes described in subsection (a).", "id": "id00bca42653144893a10ba599af4baef4", "header": "Engaging international organizations in the fight against LGBTQI discrimination" }, { "text": "12. Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts \n(a) Sense of Congress \nRecognizing the importance of a diverse workforce in the representation of the United States abroad and in support of sound personnel staffing policies, it is the sense of Congress that the Secretary of State should— (1) prioritize efforts to ensure that foreign governments do not impede the assignment of LGBTQI United States citizens and their families to diplomatic and consular posts; (2) open conversations with entities in the United States private sector that engage in business in other countries to the extent necessary to address any visa issues faced by such private sector entities with respect to their LGBTQI employees; and (3) prioritize efforts to improve post and post school information for LGBTQI employees and employees with LGBTQI family members. (b) Remedies for family visa denial \n(1) In general \nThe Secretary of State shall use all appropriate diplomatic efforts to ensure that the families of LGBTQI employees of the Department of State are issued visas from countries where such employees are posted. (2) List required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress— (A) a classified list of each country that has refused to grant accreditation to LGBTQI employees of the Department of State or to their family members during the most recent 2-year period; and (B) a description of the actions taken or intended to be taken by the Secretary, in accordance with paragraph (1), to ensure that LGBTQI employees are appointed to appropriate positions in accordance with diplomatic needs and personnel qualifications, including actions specifically relating to securing the accreditation of the families of such employees by relevant countries. (c) Improving post information and overseas environment for LGBTQI adults and children \n(1) In general \nThe Secretary of State shall ensure that LGBTQI employees and employees with LGBTQI family members have adequate information to pursue overseas postings, including country environment information for adults and children. (2) Nondiscrimination policies for United States Government-supported schools \nThe Secretary shall make every effort to ensure schools abroad that receive assistance and support from the United States Government under programs administered by the Office of Overseas Schools of the Department of State have active and clear nondiscrimination policies, including policies relating to sexual orientation and gender identity impacting LGBTQI children of all ages. (3) Required information for LGBTQI children \nThe Secretary shall ensure that information focused on LGBTQI children of all ages (including transgender and gender nonconforming students) is included in post reports, bidding materials, and Office of Overseas Schools reports, databases, and adequacy lists.", "id": "id27c37928222241129b8c724638b948a5", "header": "Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts" } ]
12
1. Short titles; table of contents (a) Short titles This Act may be cited as the Greater Leadership Overseas for the Benefit of Equality Act of 2021 or the GLOBE Act of 2021. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short titles; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Documenting and responding to bias-motivated violence against LGBTQI people abroad. Sec. 5. Sanctions on individuals responsible for violations of human rights against LGBTQI people. Sec. 6. Combating international criminalization of LGBTQI status, expression, or conduct. Sec. 7. Foreign assistance to protect human rights of LGBTQI people. Sec. 8. Global health inclusivity. Sec. 9. Immigration reform. Sec. 10. Issuance of passports and guarantee of citizenship to certain children born abroad. Sec. 11. Engaging international organizations in the fight against LGBTQI discrimination. Sec. 12. Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts. 2. Findings Congress finds the following: (1) The norms of good governance, human rights protections, and the rule of law have been violated unconscionably with respect to LGBTQI people in an overwhelming majority of countries around the world, where LGBTQI people face violence, hatred, bigotry, and discrimination because of who they are and who they love. (2) In at least 68 countries (almost 40 percent of countries in the world), same-sex relations and relationships are criminalized. Many countries also criminalize or otherwise prohibit cross-dressing and gender-affirming treatments for transgender individuals. (3) The World Bank has begun to measure the macro-economic costs of criminal laws targeting LGBTQI individuals through lost productivity, detrimental health outcomes and violence, as a step toward mitigating those costs. (4) Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State’s annual Country Human Rights Reports to Congress. These reports continue to show a clear pattern of human rights violations, including murder, rape, torture, death threats, extortion, and imprisonment, in every region of the world based on sexual orientation and gender identity. In many instances police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBTQI citizens. (5) As documented by the Department of State, LGBTQI individuals are subjected in many countries to capricious imprisonment, loss of employment, housing, access to health care, and societal stigma and discrimination. LGBTQI-specific restrictions on basic freedoms of assembly, press, and speech exist in every region of the world. (6) Targeted sanctions are an important tool to push for accountability for violations of the human rights of LGBTQI people. (7) Anti-LGBTQI laws and discrimination pose significant risks for LGBTQI youth who come out to their family or community and often face rejection, homelessness, and limited educational and economic opportunities. These factors contribute to increased risks of substance abuse, suicide, and HIV infection among LGBTQI youth. (8) Anti-LGBTQI laws also increase global health risks. Studies have shown that when LGBTQI people (especially LGBTQI youth) face discrimination, they are less likely to seek HIV testing, prevention, and treatment services. (9) LGBTQI populations are disproportionately impacted by the Mexico City Policy, also widely referred to as the global gag rule. LGBTQI people often receive much of their health care through reproductive health clinics, and organizations that cannot comply with the policy are forced to discontinue work on United States-supported global health projects that are frequently used by LGBTQI populations, including HIV prevention and treatment, stigma reduction, and research. (10) Because they face tremendous discrimination in the formal labor sector, many sex workers are also LGBTQI individuals, and many sex-worker-led programs and clinics serve the LGBTQI community with safe, non-stigmatizing, medical and social care. The United States Agency for International Development has also referred to sex workers as a most-at-risk population. The anti-prostitution loyalty oath that health care providers receiving United States assistance must take isolates sex-worker-led and serving groups from programs and reinforces stigma, undermining both the global AIDS response and human rights. A 2013 Supreme Court opinion held this requirement to be unconstitutional as it applies to United States nongovernmental organizations and their foreign affiliates. (11) According to the Trans Murder Monitoring Project, which monitors homicides of transgender individuals, there were at least 350 cases of reported killings of trans and gender-diverse people between October 2019 and September 2020. (12) In many countries, intersex individuals experience prejudice and discrimination because their bodies do not conform to general expectations about sex and gender. Because of these expectations, medically unnecessary interventions are often performed in infancy without the consent or approval of intersex individuals, in violation of international human rights standards. (13) Asylum and refugee protection are critical last-resort protections for LGBTQI individuals, but those who seek such protections face ostracization and abuse in refugee camps and detention facilities. They are frequently targeted for violence, including sexual assault, in refugee camps and in immigration detention. LGBTQI individuals may be segregated against their will for long periods in solitary confinement, in an effort to protect them from such violence, but prolonged solitary confinement itself represents an additional form of abuse that is profoundly damaging to the social and psychological well-being of any individual. (14) The global COVID–19 pandemic has exacerbated inequalities faced by LGBTQI individuals, including access to health care, stigma, and discrimination, undermining LGBTQI rights around the world. (15) In December 2011, President Barack Obama directed all Federal foreign affairs agencies to ensure that their diplomatic, humanitarian, health and foreign assistance programs take into account the needs of marginalized LGBTQI communities and persons. (16) In 2015, the Department of State established the position of Special Envoy for the Human Rights of LGBTQI Persons. (17) In 2021, President Joseph Biden issued the Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World, which stated that it shall be the policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics and called for United States global leadership in the cause of advancing the human rights of LGBTQI+ persons around the world. (18) In 2020, in Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) prohibits discrimination on the basis of gender identity and sexual orientation. On January 20, 2021, President Biden issued Executive Order 13988 (86 Fed. Reg. 7023) to enforce this holding, which orders all Federal agency heads, including the Secretary of State and the Administrator of the United States Agency for International Development, to review agency actions to determine what additional steps should be taken to ensure that agency policies are consistent with the nondiscrimination policy set forth in the Executive order. (19) The use of United States diplomatic tools, including the Department of State’s exchange and speaker programs, to address the human rights needs of marginalized communities has helped inform public debates in many countries regarding the protective responsibilities of any democratic government. (20) Inclusion of human rights protections for LGBTQI individuals in United States trade agreements, such as the Agreement between the United States of America, the United Mexican States, and Canada (commonly known as the USMCA ) and trade preference programs, is intended— (A) to ensure a level playing field for United States businesses; and (B) to provide greater workplace protections overseas, compatible with those of the United States. (21) Engaging multilateral fora and international institutions is critical to impacting global norms and to broadening global commitments to fairer standards for the treatment of all people, including LGBTQI people. The United States must remain a leader in the United Nations system and has a vested interest in the success of that multilateral engagement. (22) Ongoing United States participation in the Equal Rights Coalition, which is a new intergovernmental coalition of more than 40 governments and leading civil society organizations that work together to protect the human rights of LGBTQI people around the world, remains vital to international efforts to respond to violence and impunity. (23) Those who represent the United States abroad, including our diplomats, development specialists and military, should reflect the diversity of our country and honor America’s call to equality, including through proud and open service abroad by LGBTQI Americans and those living with HIV. 3. Definitions In this Act: (1) Appropriate congressional committees Except as provided in section 5, the term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on the Judiciary of the Senate ; (C) the Committee on Appropriations of the Senate ; (D) the Committee on Foreign Affairs of the House of Representatives ; (E) the Committee on the Judiciary of the House of Representatives ; and (F) the Committee on Appropriations of the House of Representatives. (2) Gender identity The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. (3) LGBTQI The term LGBTQI means lesbian, gay, bisexual, transgender, queer, or intersex. (4) Member of a vulnerable group The term member of a vulnerable group means an alien who— (A) is younger than 21 years of age or older than 60 years of age; (B) is pregnant; (C) identifies as lesbian, gay, bisexual, transgender, or intersex; (D) is victim or witness of a crime; (E) has filed a nonfrivolous civil rights claim in Federal or State court; (F) has a serious mental or physical illness or disability; (G) has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) to have a credible fear of persecution; or (H) has been determined by an immigration judge or by the Secretary of Homeland Security, based on information obtained during intake, from the alien’s attorney or legal service provider, or through credible self-reporting, to be— (i) experiencing severe trauma; or (ii) a survivor of torture or gender-based violence. (5) Sexual orientation The term sexual orientation means actual or perceived homosexuality, heterosexuality, or bisexuality. 4. Documenting and responding to bias-motivated violence against LGBTQI people abroad (a) Information required To be included in annual country reports on human rights practices (1) Section 116 Section 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended— (A) in paragraph (11)(C), by striking and at the end; (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (13) wherever applicable, the nature and extent of criminalization, discrimination, and violence based on sexual orientation or gender identity, including the identification of countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation or gender identity, including detailed descriptions of such laws and provisions.. (2) Section 502B Section 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 ) is amended— (A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following: (k) Sexual orientation and gender identity The report required under subsection (b) shall include, wherever applicable, the nature and extent of criminalization, discrimination, and violence based on sexual orientation or gender identity, including the identification of countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation or gender identity, including detailed descriptions of such laws and provisions.. (b) Review at diplomatic and consular posts (1) In general In preparing the annual country reports on human rights practices required under section 116 or 502B of the Foreign Assistance Act of 1961, as amended by subsection (a), the Secretary of State shall obtain information from each diplomatic and consular post with respect to— (A) incidents of violence against LGBTQI people in the country in which such post is located; (B) an analysis of the factors enabling or aggravating such incidents, such as government policy, societal pressure, or external actors; and (C) the response (whether public or private) of the personnel of such post with respect to such incidents. (2) Addressing bias-motivated violence The Secretary of State shall include in the annual strategic plans of the regional bureaus concrete diplomatic strategies, programs, and policies to address bias-motivated violence using information obtained pursuant to paragraph (1), such as programs to build capacity among civil society or governmental entities to document, investigate, and prosecute instances of such violence and provide support to victims of such violence. (c) Interagency group (1) Establishment There is established an interagency group on responses to urgent threats to LGBTQI people in foreign countries (referred to in this subsection as the interagency group ), which— (A) shall be chaired by the Secretary of State; and (B) shall include the Secretary of Defense, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Attorney General, and the head of each other Federal department or agency that the President determines is relevant to the duties of the interagency group. (2) Duties The duties of the interagency group shall be— (A) to coordinate the responses of each participating agency with respect to threats directed towards LGBTQI populations in other countries; (B) to develop longer-term approaches to policy developments and incidents negatively impacting the LGBTQI populations in specific countries; (C) to advise the President on the designation of foreign persons for sanctions pursuant to section 5; (D) to identify United States laws and policies, at the Federal, State, and local levels, that affirm the equality of LGBTQI persons; and (E) to use such identified laws and policies to develop diplomatic strategies to share the expertise obtained from the implementation of such laws and policies with appropriate officials of countries where LGBTQI persons do not enjoy equal protection under the law. (d) Special envoy for the human rights of LGBTQI peoples (1) Establishment The Secretary of State shall establish, in the Bureau of Democracy, Human Rights, and Labor of the Department of State, a permanent Special Envoy for the Human Rights of LGBTQI Peoples (referred to in this section as the Special Envoy ), who— (A) shall be appointed by the President; and (B) shall report directly to the Assistant Secretary for Democracy, Human Rights, and Labor. (2) Rank The Special Envoy may be appointed at the rank of Ambassador. (3) Purposes The Special Envoy shall— (A) direct the efforts of the United States Government relating to United States foreign policy, as directed by the Secretary, regarding— (i) human rights abuses against LGBTQI people and communities internationally; and (ii) the advancement of human rights for LGBTQI people; and (B) represent the United States internationally in bilateral and multilateral engagement on the matters described in subparagraph (A). (4) Duties (A) In general The Special Envoy— (i) shall serve as the principal advisor to the Secretary of State regarding human rights for LGBTQI people internationally; (ii) notwithstanding any other provision of law— (I) shall direct activities, policies, programs, and funding relating to the human rights of LGBTQI people and the advancement of LGBTQI equality initiatives internationally, for all bureaus and offices of the Department of State; and (II) shall lead the coordination of relevant international programs for all other Federal agencies relating to such matters; (iii) shall represent the United States in diplomatic matters relevant to the human rights of LGBTQI people, including criminalization, discrimination, and violence against LGBTQI people internationally; (iv) shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBTQI people in United States Government policies and international programs, including to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally; (v) shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBTQI people internationally, including for the prevention and response to criminalization, discrimination, and violence against LGBTQI people internationally; (vi) shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBTQI people and the development assistance priorities of the LGBTQI Coordinator of the United States Agency for International Development; (vii) shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally; (viii) shall ensure that— (I) programs, projects, and activities of the Department of State and the United States Agency for International Development designed to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally are subject to rigorous monitoring and evaluation; and (II) there is a uniform set of indicators and standards for such monitoring and evaluation that is used across international programs in Federal agencies; and (ix) is authorized to represent the United States in bilateral and multilateral fora on matters relevant to the human rights of LGBTQI people internationally, including criminalization, discrimination, and violence against LGBTQI people internationally. (5) Data repository The Bureau of Democracy, Human Rights, and Labor— (A) shall be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to criminalization, discrimination, and violence against LGBTQI people internationally; and (B) shall produce— (i) a full accounting of United States Government spending on such programs, projects, and activities; and (ii) evaluations of the effectiveness of such programs, projects, and activities. (e) Training at international law enforcement academies The President shall ensure that any international law enforcement academy supported by United States assistance shall provide training with respect to the rights of LGBTQI people, including through specialized courses highlighting best practices in the documentation, investigation and prosecution of bias-motivated hate crimes targeting persons based on actual or perceived sexual orientation, gender identity, or sex characteristics. 5. Sanctions on individuals responsible for violations of human rights against LGBTQI people (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate ; (B) the Committee on Foreign Relations of the Senate ; (C) the Committee on Homeland Security and Governmental Affairs of the Senate ; (D) the Committee on the Judiciary of the Senate ; (E) the Committee on Armed Services of the House of Representatives ; (F) the Committee on Foreign Affairs of the House of Representatives ; (G) the Committee on Homeland Security of the House of Representatives ; and (H) the Committee on the Judiciary of the House of Representatives. (2) Foreign person The term foreign person has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (3) Immediate family member The term immediate family member has the meaning given such term for purposes of section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ). (4) Person The term person has the meaning given such term in section 591.308 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (b) In general Not later than 180 days after the date of the enactment of this Act and biannually thereafter, the President shall submit to the appropriate congressional committees a list of each foreign person the President determines, based on credible information, including information obtained by other countries or by nongovernmental organizations that monitor violations of human rights— (1) is responsible for or complicit in, with respect to persons based on actual or perceived sexual orientation, gender identity, or sex characteristics— (A) cruel, inhuman, or degrading treatment or punishment; (B) prolonged detention without charges and trial; (C) causing the disappearance of such persons by the abduction and clandestine detention of such persons; or (D) other flagrant denial of the right to life, liberty, or the security of such persons; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or (3) is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1). (c) Form; updates; removal (1) Form The list required under subsection (b) shall be submitted in unclassified form and published in the Federal Register without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States, except that the President may include a foreign person in a classified, unpublished annex to such list if the President— (A) determines that— (i) such annex is vital for the national security interests of the United States; and (ii) the use of such annex, and the inclusion of such person in such annex, would not undermine the overall purpose of this section to publicly identify foreign persons engaging in the conduct described in subsection (b) in order to increase accountability for such conduct; and (B) not later than 15 days before including such person in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in such annex despite the existence of any publicly available credible information indicating that each such foreign person engaged in an activity described in subsection (b). (2) Updates The President shall submit to the appropriate congressional committees an update of the list required under subsection (b) as new information becomes available. (3) Removal A foreign person may be removed from the list required under subsection (b) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of such person from such list that— (A) credible information exists that such person did not engage in the activity for which the person was included in such list; (B) such person has been prosecuted appropriately for the activity in which such person engaged; or (C) such person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which such person engaged, and has credibly committed to not engage in an activity described in subsection (b). (d) Public submission of information The President shall issue public guidance, including through United States diplomatic and consular posts, setting forth the manner by which the names of foreign persons that may meet the criteria to be included on the list required under subsection (b) may be submitted to the Department of State for evaluation. (e) Requests from chair and ranking member of appropriate congressional committees (1) Consideration of information In addition to the guidance issued pursuant to subsection (d), the President shall also consider information provided by the Chair or Ranking Member of each of the appropriate congressional committees in determining whether to include a foreign person in the list required under subsection (b). (2) Requests Not later than 120 days after receiving a written request from the Chair or Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being included in the list required under subsection (b), the President shall respond to such Chair or Ranking Member, as the case may be, with respect to the President’s determination relating to such foreign person. (3) Removal If the President removes a foreign person from the list required under subsection (b) that had been included in such list pursuant to a request under paragraph (2), the President shall provide to the relevant Chair or Ranking Member of one of the appropriate congressional committees any information that contributed to such decision. (4) Form The President may submit the response required under paragraph (2) or paragraph (3) in classified form if the President determines that such form is necessary for the national security interests of the United States. (f) Inadmissibility of certain individuals (1) Ineligibility for visas and admission to the United States A foreign person on the list required under subsection (b), and each immediate family member of such person, is— (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (2) Current visas revoked (A) In general The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State), in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), shall revoke any visa or other entry documentation issued to a foreign person on the list required under subsection (b), and any visa or other entry documentation issued to any immediate family member of such person, regardless of when the visa or other entry documentation is issued. (B) Effect of revocation A revocation under subparagraph (A) shall— (i) take effect immediately; and (ii) automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession. (C) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as may be necessary to carry out this subsection. (D) Exception to comply with international obligations Sanctions under this subsection shall not apply with respect to a foreign person if admitting or paroling such person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (3) Sense of Congress with respect to additional sanctions It is the sense of Congress that the President should impose additional targeted sanctions with respect to foreign persons on the list required under subsection (b) to push for accountability for flagrant denials of the right to life, liberty, or the security of the person, through the use of designations and targeted sanctions provided for such conduct under other existing authorities. (4) Waivers in the interest of national security (A) In general The President may waive the application of paragraph (1) or (2) with respect to a foreign person included in the list required under subsection (b) if the President determines, and submits to the appropriate congressional committees notice of, and justification for, such determination, that such a waiver— (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States. (B) Timing of certain waivers A waiver pursuant to a determination under subparagraph (A)(ii) shall be submitted not later than 15 days before the granting of such waiver. (g) Report to Congress Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President, acting through the Secretary of State, shall submit a report to the appropriate congressional committees that describes— (1) the actions taken to carry out this section, including— (A) the number of foreign persons added to or removed from the list required under subsection (b) during the year immediately preceding each such report; (B) the dates on which such persons were added or removed; (C) the reasons for adding or removing such persons; and (D) an analysis that compares increases or decreases in the number of such persons added or removed year-over-year and the reasons for such increases or decreases; and (2) any efforts by the President to coordinate with the governments of other countries, as appropriate, to impose sanctions that are similar to the sanctions imposed under this section. 6. Combating international criminalization of LGBTQI status, expression, or conduct (a) Annual strategic review The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall include, during the course of annual strategic planning, an examination of— (1) the progress made in countries around the world toward the decriminalization of the status, expression, and conduct of LGBTQI individuals; (2) the obstacles that remain toward achieving such decriminalization; and (3) the strategies available to the Department of State and the United States Agency for International Development to address such obstacles. (b) Elements The examination described in subsection (a) shall include— (1) an examination of the full range of criminal and civil laws of other countries that disproportionately impact communities of LGBTQI individuals or apply with respect to the conduct of LGBTQI individuals; (2) in consultation with the Attorney General, a list of countries in each geographic region with respect to which— (A) the Attorney General, acting through the Office of Overseas Prosecutorial Development Assistance and Training of the Department of Justice, shall prioritize programs seeking— (i) to decriminalize the status, expression, and conduct of LGBTQI individuals; (ii) to monitor the trials of those prosecuted because of such status, expression, or conduct; and (iii) to reform related laws having a discriminatory impact on LGBTQI individuals; (B) applicable speaker or exchange programs sponsored by the United States Government shall bring together civil society and governmental leaders— (i) to promote the recognition of LGBTQI rights through educational exchanges in the United States; and (ii) to support better understanding of the role that governments and civil societies mutually play in assurance of equal treatment of LGBTQI populations abroad. 7. Foreign assistance to protect human rights of LGBTQI people (a) Sense of Congress It is the sense of Congress that the full implementation of Executive Order 13988 (86 Fed. Reg. 7023; January 20, 2021) and the holding in Bostock v. Clayton County requires that United States foreign assistance and development organizations adopt the policy that no contractor, grantee, or implementing partner administering United States assistance for any humanitarian, development, or global health programs may discriminate against any employee or applicant for employment because of their gender identity or sexual orientation. (b) Global Equality Fund (1) In general The Secretary of State shall establish a fund, to be known as the Global Equality Fund , to be managed by the Assistant Secretary of the Bureau of Democracy, Human Rights and Labor, consisting of such sums as may be appropriated to provide grants, emergency assistance, and technical assistance to eligible civil society organizations and human rights defenders working to advance and protect human rights for all including LGBTQI persons, by seeking— (A) to ensure the freedoms of assembly, association, and expression; (B) to protect persons or groups against the threat of violence, including medically unnecessary interventions performed on intersex infants; (C) to advocate against laws that— (i) criminalize LGBTQI status, expression, or conduct; or (ii) discriminate against individuals on the basis of sexual orientation, gender identity, or sex characteristics; (D) to end explicit and implicit forms of discrimination in the workplace, housing, education, and other public institutions or services; and (E) to build community awareness and support for the human rights of LGBTQI persons. (2) Contributions The Secretary of State may accept financial and technical contributions, through the Global Equality Fund, from corporations, bilateral donors, foundations, nongovernmental organizations, and other entities supporting the outcomes described in paragraph (1). (3) Prioritization In providing assistance through the Global Equality Fund, the Secretary of State shall ensure due consideration and appropriate prioritization of assistance to groups that have historically been excluded from programs undertaken for the outcomes described in paragraph (1). (c) LGBTQI global development partnership The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall establish a partnership, to be known as the LGBTQI Global Development Partnership , to leverage the financial and technical contributions of corporations, bilateral donors, foundations, nongovernmental organizations, and universities to support the human rights and development of LGBTQI persons around the world by supporting programs, projects, and activities— (1) to strengthen the capacity of LGBTQI leaders and civil society organizations; (2) to train LGBTQI leaders to effectively participate in democratic processes and lead civil institutions; (3) to conduct research to inform national, regional, or global policies and programs; and (4) to promote economic empowerment through enhanced LGBTQI entrepreneurship and business development. (d) Consultation In coordinating programs, projects, and activities through the Global Equality Fund or the Global Development Partnership, the Secretary of State shall consult, as appropriate, with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies. (e) Report The Secretary of State shall submit to the appropriate congressional committees an annual report on the work of, successes obtained, and challenges faced by the Global Equality Fund and the LGBTQI Global Development Partnership established in accordance with this section. (f) Limitation on assistance relating to equal access (1) In general None of the amounts authorized to be appropriated or otherwise made available to provide United States assistance for any humanitarian, development, or global health programs may be made available to any contractor, grantee, or implementing partner, unless such recipient— (A) ensures that the program, project, or activity funded by such amounts are made available to all elements of the population, except to the extent that such program, project, or activity targets a population because of the higher assessed risk of negative outcomes among such populations; (B) undertakes to make every reasonable effort to ensure that each subcontractor or subgrantee of such recipient will also adhere to the requirement described in subparagraph (A); and (C) agrees to return all amounts awarded or otherwise provided by the United States, including such additional penalties as the Secretary of State may determine to be appropriate, if the recipient is not able to adhere to the requirement described in subparagraph (A). (2) Quarterly report The Secretary of State shall provide to the appropriate congressional committees a quarterly report on the methods by which the Department of State monitors compliance with the requirement under paragraph (1)(A). (g) Office of Foreign Assistance The Secretary of State, acting through the Director of the Office of Foreign Assistance, shall— (1) monitor the amount of foreign assistance obligated and expended on programs, projects, and activities relating to LGBTQI people; and (2) provide the results of the indicators tracking such expenditure, upon request, to the Organization for Economic Co-Operation and Development. 8. Global health inclusivity (a) In general The Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall— (1) develop mechanisms to ensure that the President’s Emergency Plan for AIDS Relief (PEPFAR) is implemented in a way that equitably serves LGBTQI people in accordance with the goals described in section 7(f), including by requiring all partner entities receiving assistance through PEPFAR to receive training on the health needs of and human rights standards relating to LGBTQI people; and (2) promptly notify Congress of any obstacles encountered by a foreign government or contractor, grantee, or implementing partner in the effort to equitably implement PEPFAR as described in such subsection, including any remedial steps taken by the Coordinator to overcome such obstacles. (b) Report on international prosecutions for sex work or consensual sexual activity Not later than 180 days after the date of the enactment of this Act, the Coordinator shall submit a report to the appropriate congressional committees that describes the manner in which commodities, such as condoms provided by programs, projects, or activities funded through PEPFAR or other sources of United States assistance, have been used as evidence to arrest, detain, or prosecute individuals in other countries in order to enforce domestic laws criminalizing sex work or consensual sexual activity. (c) Report on HIV / AIDS -Related index testing Not later than 180 days after the date of the enactment of this Act, the Coordinator shall submit a report to the appropriate congressional committees that describes the impact of partner notification services and index testing on treatment adherence, intimate partner violence, and exposure to the criminal justice system for key populations, including LGBTQI people and sex workers, using qualitative and quantitative data. (d) Report on impact of global gag rule Not later than 180 days after the date of the enactment of this Act, the Government Accountability Office shall submit a report to the appropriate congressional committees that describes the impact, as of the date of the submission of the report, on the implementation and enforcement of any iteration of the Mexico City Policy on the global LGBTQI community. (e) Conforming amendments (1) PEPFAR authorization Section 301 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7631 ) is amended— (A) by striking subsections (d) through (f); and (B) by redesignating subsection (g) as subsection (d). (2) Allocation of funds by the global aids coordinator Section 403(a) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7673(a) ) is amended— (A) in paragraph (1)— (i) by striking shall— and all that follows through (A) provide and inserting shall provide ; (ii) by striking ; and and inserting a period; and (iii) by striking subparagraph (B); and (B) in paragraph (2)— (i) by striking Prevention strategy.— and all that follows through In carrying out paragraph (1), the and inserting Prevention strategy.—The ; and (ii) by striking subparagraph (B). (3) TVPA authorization Section 113 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7110 ) is amended— (A) by striking subsection (g); and (B) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively. 9. Immigration reform (a) Refugees and asylum seekers (1) LGBTQI social group Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended by adding at the end the following: For purposes of determinations under this Act, a person who has been persecuted on the basis of sexual orientation or gender identity shall be deemed to have been persecuted on account of membership in a particular social group and a person who has a well founded fear of persecution on the basis of sexual orientation or gender identity shall be deemed to have a well founded fear of persecution on account of membership in a particular social group.. (2) Annual report Section 103(e)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1103(e) ) is amended— (A) by striking information on the number and inserting the following: “information on— (A) the number ; and (B) by striking the period at the end and inserting the following: “; and (B) the total number of applications for asylum and refugee status received that are, in whole or in part, based on persecution or a well founded fear of persecution on account of sexual orientation or gender identity, and the rate of approval administratively of such applications.. (3) Asylum filing deadline repeal (A) In general Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— (i) by striking subparagraph (B); (ii) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; (iii) in subparagraph (C), as redesignated— (I) by striking notwithstanding subparagraphs (B) and (C) and inserting notwithstanding subparagraph (B) ; (II) by striking either ; and (III) by striking or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B) ; and (iv) in subparagraph (D), as redesignated, by striking Subparagraphs (A) and (B) and inserting Subparagraph (A). (B) Application The amendments made by subparagraph (A) shall apply to applications for asylum filed before, on, or after the date of the enactment of this Act. (b) Permanent partners Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— (1) in paragraph (35), by inserting includes any permanent partner, but before does not include ; and (2) by adding at the end the following: (53) The term marriage includes a permanent partnership. (54) The term permanent partner means an individual who is 18 years of age or older and who— (A) is in a committed, intimate relationship with another individual who is 18 years of age or older, in which both parties intend a lifelong commitment; (B) is financially interdependent with the other individual; (C) is not married to anyone other than the other individual; (D) is a national of or, in the case of a person having no nationality, last habitually resided in a country that prohibits marriage between the individuals; and (E) is not a first-, second-, or third-degree blood relation of the other individual. (55) The term permanent partnership means the relationship that exists between 2 permanent partners.. (c) Counsel (1) Appointment of counsel Section 240(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(4) ) is amended— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting , and ; and (C) by adding at the end the following: (D) notwithstanding subparagraph (A), in a case in which an indigent alien requests representation, such representation shall be appointed by the court, at the expense of the Government, for such proceedings.. (2) Right to counsel Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended— (A) by inserting (a) before In any ; (B) by striking he and inserting the person ; and (C) by adding at the end the following: (b) Notwithstanding subsection (a), in a case in which an indigent alien requests representation, such representation shall be appointed by the court, at the expense of the Government, for the proceedings described in subsection (a). (c) In an interview relating to admission under section 207, an alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the alien shall choose.. (d) Refugee admissions of LGBTQI aliens from certain countries (1) In general Aliens who are nationals of or, in the case of aliens having no nationality, last habitually resided in a country that fails to protect against persecution on the basis of sexual orientation or gender identity, and who share common characteristics that identify them as targets of persecution on account of sexual orientation or gender identity, are eligible for Priority 2 processing under the refugee resettlement priority system. (2) Resettlement processing (A) In general If a refugee admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) discloses information to an employee or contractor of the Bureau of Population, Refugees, and Migration of the Department of State regarding the refugee’s sexual orientation or gender identity, the Secretary of State, with the refugee’s consent, shall provide such information to the appropriate national resettlement agency— (i) to prevent the refugee from being placed in a community in which the refugee is likely to face continued discrimination; and (ii) to place the refugee in a community that offers services to meet the needs of the refugee. (B) Defined term The term national resettlement agency means an agency contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States. (e) Training program (1) Training program In order to create an environment in which an alien may safely disclose such alien’s sexual orientation or gender identity, the Secretary of Homeland Security, in consultation with the Secretary of State, shall establish a training program for staff and translators who participate in the interview process of aliens seeking asylum or status as a refugee. (2) Components of training program The training program described in paragraph (1) shall include instruction regarding— (A) appropriate word choice and word usage; (B) creating safe spaces and facilities for LGBTQI aliens; (C) confidentiality requirements; and (D) nondiscrimination policies. (f) Limitation on detention (1) Presumption of release (A) In general Except as provided in subparagraphs (B) and (C) and notwithstanding any other provision of law, the Secretary of Homeland Security— (i) may not detain an alien who is a member of a vulnerable group under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) pending a decision with respect to whether the alien is to be removed from the United States; and (ii) shall immediately release any detained alien who is a member of a vulnerable group. (B) Exceptions The Secretary of Homeland Security may detain, pursuant to the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), an alien who is a member of a vulnerable group if the Secretary makes a determination, using credible and individualized information, that the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings, or that the alien is a threat to another person or to the community. The fact that an alien has a criminal charge pending against the alien may not be the sole factor to justify the detention of the alien. (C) Removal If detention is the least restrictive means of effectuating the removal from the United States of an alien who is a member of a vulnerable group, the subject of a final order of deportation or removal, and not detained under subparagraph (B), the Secretary of Homeland Security may, solely for the purpose of such removal, detain the alien for a period that is— (i) the shortest possible period immediately preceding the removal of the alien from the United States; and (ii) not more than 5 days. (2) Weekly review required (A) In general Not less frequently than weekly, the Secretary of Homeland Security shall conduct an individualized review of any alien detained pursuant to paragraph (1)(B) to determine whether the alien should continue to be detained under such paragraph. (B) Release Not later than 24 hours after the date on which the Secretary makes a determination under subparagraph (A) that an alien should not be detained under paragraph (1)(B), the Secretary shall release the detainee. (g) Protective custody for LGBTQI alien detainees (1) Detainees An LGBTQI alien who is detained pursuant to subparagraph (B) or (C) of subsection (f)(1) may not be placed in housing that is segregated from the general population unless— (A) the alien requests placement in such housing for the protection of the alien; or (B) the Secretary of Homeland Security determines, after assessing all available alternatives, that there is no available alternative means of separation from likely abusers. (2) Placement factors If an LGBTQI alien is placed in segregated housing pursuant to paragraph (1), the Secretary of Homeland Security shall ensure that such housing— (A) includes non-LGBTQI aliens, to the extent practicable; and (B) complies with any applicable court order for the protection of LGBTQI aliens. (3) Protective custody requests If a detained LGBTQI alien requests placement in segregated housing for the protection of such alien, the Secretary of Homeland Security shall grant such request. (h) Sense of Congress It is the sense of Congress that the Secretary of Homeland Security should hire a sufficient number of Refugee Corps officers for refugee interviews to be held within a reasonable period of time and adjudicated not later than 180 days after a request for Priority 2 consideration is filed. 10. Issuance of passports and guarantee of citizenship to certain children born abroad (a) Sex identification markers The Secretary of State, through any appropriate regulation, manual, policy, form, or other updates, shall ensure that an applicant may self-select the sex designation (including a non-binary or neutral designation, such as X ) on any identity document issued by the Department of State that displays sex information, including passports and consular reports of birth abroad. (b) Guarantee of citizenship to children born abroad using assistive reproduction technology Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall issue regulations clarifying that no biological connection between a parent and a child is required for a child to acquire citizenship at birth from a United States citizen parent under subsections (c), (d), (e), and (g) of section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) if such parent is recognized as the legal parent of the child from birth under the local law at the place of birth or under United States law. 11. Engaging international organizations in the fight against LGBTQI discrimination (a) Sense of Congress It is the sense of Congress that— (1) the United States should be a leader in efforts by the United Nations to ensure that human rights norms, development principles, and political rights are fully inclusive of LGBTQI people; (2) United States leadership within international financial institutions, such as the World Bank and the regional development banks, should be used to ensure that the programs, projects, and activities undertaken by such institutions are fully inclusive of all people, including LGBTQI people; and (3) the Secretary of State should seek appropriate opportunities to encourage the equal treatment of LGBTQI people during discussions with or participation in the full range of regional, multilateral, and international fora, such as the Organization of American States, the Organization for Security and Cooperation in Europe, the European Union, the African Union, and the Association of South East Asian Nations. (b) Action through the Equal Rights Coalition The Secretary of State shall promote diplomatic coordination through the Equal Rights Coalition, established in July 2016 at the Global LGBTQI Human Rights Conference in Montevideo, Uruguay, and other multilateral mechanisms, to achieve the goals and outcomes described in subsection (a). 12. Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts (a) Sense of Congress Recognizing the importance of a diverse workforce in the representation of the United States abroad and in support of sound personnel staffing policies, it is the sense of Congress that the Secretary of State should— (1) prioritize efforts to ensure that foreign governments do not impede the assignment of LGBTQI United States citizens and their families to diplomatic and consular posts; (2) open conversations with entities in the United States private sector that engage in business in other countries to the extent necessary to address any visa issues faced by such private sector entities with respect to their LGBTQI employees; and (3) prioritize efforts to improve post and post school information for LGBTQI employees and employees with LGBTQI family members. (b) Remedies for family visa denial (1) In general The Secretary of State shall use all appropriate diplomatic efforts to ensure that the families of LGBTQI employees of the Department of State are issued visas from countries where such employees are posted. (2) List required Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress— (A) a classified list of each country that has refused to grant accreditation to LGBTQI employees of the Department of State or to their family members during the most recent 2-year period; and (B) a description of the actions taken or intended to be taken by the Secretary, in accordance with paragraph (1), to ensure that LGBTQI employees are appointed to appropriate positions in accordance with diplomatic needs and personnel qualifications, including actions specifically relating to securing the accreditation of the families of such employees by relevant countries. (c) Improving post information and overseas environment for LGBTQI adults and children (1) In general The Secretary of State shall ensure that LGBTQI employees and employees with LGBTQI family members have adequate information to pursue overseas postings, including country environment information for adults and children. (2) Nondiscrimination policies for United States Government-supported schools The Secretary shall make every effort to ensure schools abroad that receive assistance and support from the United States Government under programs administered by the Office of Overseas Schools of the Department of State have active and clear nondiscrimination policies, including policies relating to sexual orientation and gender identity impacting LGBTQI children of all ages. (3) Required information for LGBTQI children The Secretary shall ensure that information focused on LGBTQI children of all ages (including transgender and gender nonconforming students) is included in post reports, bidding materials, and Office of Overseas Schools reports, databases, and adequacy lists.
57,207
117s595is
117
s
595
is
To prohibit the use of funds for the research and development, production, or deployment of the nuclear-armed sea-launched cruise missile and its associated nuclear warhead.
[ { "text": "1. Short title \nThis Act may be cited as the Nuclear SLCM Ban Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) The United States nuclear arsenal comprises approximately 3,800 nuclear warheads in the active stockpile and a force structure of long-range and short-range delivery systems, including— (A) land-based intercontinental ballistic missiles; (B) submarine-launched ballistic missiles that can deliver both low-yield and higher-yield nuclear warheads; (C) long-range strategic bomber aircraft capable of carrying nuclear-armed air-launched cruise missile and nuclear gravity bombs; and (D) short-range fighter aircraft that can deliver nuclear gravity bombs. (2) In 2010, the United States retired the nuclear-armed sea-launched cruise missile, or the TLAM–N, after concluding in the 2010 Nuclear Posture Review that the capability serve[d] a redundant purpose in the U.S. nuclear stockpile. (3) Ten years later, in 2020, the United States initiated studies into a new nuclear-armed sea-launched cruise missile and associated warhead, after concluding in the 2018 Nuclear Posture Review that the weapon system would provide a non-strategic regional presence and an assured response capability. (4) The United States possesses an array of nuclear weapons systems, including both air- and sea-based capabilities, that provide an effective regional deterrent presence, making the nuclear-armed sea-launched cruise missile a redundant, unnecessary capability. (5) Deploying nuclear-armed sea-launched cruise missiles on attack submarines or surface ships risks detracting from the core military missions of such submarines and ships, such as tracking enemy submarines, protecting United States carrier groups, and conducting conventional strikes on priority land targets. (6) Stationing nuclear-armed sea-launched cruise missiles on such submarines or ships also risks complicating port visits and joint operations with some allies and partners of the United States, which in turn would reduce the operational effectiveness of such submarines and ships and the deterrent value of deployed nuclear-armed sea-launched cruise missiles. (7) A January 2019 analysis of the Congressional Budget Office estimated that the projected costs of the nuclear-armed sea-launched cruise missile program from 2019 to 2028 would total $9,000,000,000, adding additional costs and resource requirements to the United States nuclear modernization program and increasing pressure on the Navy budget as the Navy plans for increases in shipbuilding while funding the Columbia-class submarine program. (8) The cost of the nuclear-armed sea-launched cruise missile program will be larger, as the estimate of the Congressional Budget Office did not account for costs related to integrating nuclear-armed sea-launched cruise missiles on attack submarines or surface ships, nuclear weapons-specific training for Navy personnel, or storage and security for nuclear warheads.", "id": "idc881ff3397184d5ea1f440679a0b5710", "header": "Findings" }, { "text": "3. Prohibition on use of funds for research and development, production, or deployment of nuclear-armed sea-launched cruise missile and associated warhead \nNone of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the research and development, production, or deployment of the nuclear-armed sea-launched cruise missile and its associated nuclear warhead.", "id": "id18a1888c60b447799dce1d1e12d4b0b4", "header": "Prohibition on use of funds for research and development, production, or deployment of nuclear-armed sea-launched cruise missile and associated warhead" } ]
3
1. Short title This Act may be cited as the Nuclear SLCM Ban Act of 2021. 2. Findings Congress makes the following findings: (1) The United States nuclear arsenal comprises approximately 3,800 nuclear warheads in the active stockpile and a force structure of long-range and short-range delivery systems, including— (A) land-based intercontinental ballistic missiles; (B) submarine-launched ballistic missiles that can deliver both low-yield and higher-yield nuclear warheads; (C) long-range strategic bomber aircraft capable of carrying nuclear-armed air-launched cruise missile and nuclear gravity bombs; and (D) short-range fighter aircraft that can deliver nuclear gravity bombs. (2) In 2010, the United States retired the nuclear-armed sea-launched cruise missile, or the TLAM–N, after concluding in the 2010 Nuclear Posture Review that the capability serve[d] a redundant purpose in the U.S. nuclear stockpile. (3) Ten years later, in 2020, the United States initiated studies into a new nuclear-armed sea-launched cruise missile and associated warhead, after concluding in the 2018 Nuclear Posture Review that the weapon system would provide a non-strategic regional presence and an assured response capability. (4) The United States possesses an array of nuclear weapons systems, including both air- and sea-based capabilities, that provide an effective regional deterrent presence, making the nuclear-armed sea-launched cruise missile a redundant, unnecessary capability. (5) Deploying nuclear-armed sea-launched cruise missiles on attack submarines or surface ships risks detracting from the core military missions of such submarines and ships, such as tracking enemy submarines, protecting United States carrier groups, and conducting conventional strikes on priority land targets. (6) Stationing nuclear-armed sea-launched cruise missiles on such submarines or ships also risks complicating port visits and joint operations with some allies and partners of the United States, which in turn would reduce the operational effectiveness of such submarines and ships and the deterrent value of deployed nuclear-armed sea-launched cruise missiles. (7) A January 2019 analysis of the Congressional Budget Office estimated that the projected costs of the nuclear-armed sea-launched cruise missile program from 2019 to 2028 would total $9,000,000,000, adding additional costs and resource requirements to the United States nuclear modernization program and increasing pressure on the Navy budget as the Navy plans for increases in shipbuilding while funding the Columbia-class submarine program. (8) The cost of the nuclear-armed sea-launched cruise missile program will be larger, as the estimate of the Congressional Budget Office did not account for costs related to integrating nuclear-armed sea-launched cruise missiles on attack submarines or surface ships, nuclear weapons-specific training for Navy personnel, or storage and security for nuclear warheads. 3. Prohibition on use of funds for research and development, production, or deployment of nuclear-armed sea-launched cruise missile and associated warhead None of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the research and development, production, or deployment of the nuclear-armed sea-launched cruise missile and its associated nuclear warhead.
3,482
117s4841is
117
s
4,841
is
To amend titles 10 and 38, United States Code, to improve benefits and services for surviving spouses, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Love Lives On Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Removal of expiration on entitlement to Marine Gunnery Sergeant John David Fry Scholarship for surviving spouses \nSection 3311(f) of title 38, United States Code, is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (3) in paragraph (2), as redesignated by paragraph (2) of this section, by striking in paragraph (4) and inserting in paragraph (3) ; and (4) in paragraph (3)(A), as redesignated by paragraph (2) of this section, by striking under paragraph (3) and inserting under paragraph (2).", "id": "idF419414FE09A4A4AB2CCF00E84D721BB", "header": "Removal of expiration on entitlement to Marine Gunnery Sergeant John David Fry Scholarship for surviving spouses" }, { "text": "3. Modification of entitlement to veterans dependency and indemnity compensation for surviving spouses who remarry \n(a) In general \nSection 103(d) of title 38, United States Code, is amended— (1) in paragraph (2)(B)— (A) by inserting (i) before The remarriage ; (B) in clause (i), as designated by subparagraph (A), by striking Notwithstanding the previous sentence and inserting the following: (ii) Notwithstanding clause (i) ; and (C) by adding at the end the following new clause: (iii) Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 of this title to the surviving spouse of a veteran. ; and (2) in paragraph (5)— (A) by striking subparagraph (A); and (B) by renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively. (b) Resumption of payments to certain individuals previously denied dependency and indemnity compensation \nBeginning on the first day of the first month after the date of the enactment of this Act, the Secretary shall resume payment of dependency and indemnity compensation under section 1311 of such title to each living individual who— (1) is the surviving spouse of a veteran; and (2) remarried before— (A) reaching age 55; and (B) the date of the enactment of this Act.", "id": "id44E7D3FE6A2D462E9AE20372E62DBE29", "header": "Modification of entitlement to veterans dependency and indemnity compensation for surviving spouses who remarry" }, { "text": "4. Continued eligibility for survivor benefit plan for certain surviving spouses who remarry \nSection 1450(b)(2) of title 10, United States Code, is amended— (1) by striking An annuity and inserting the following: (A) In general \n(A) Subject to subparagraph (B), an annuity ; and (2) by adding at the end the following new subparagraph: (B) Treatment of survivors of members who die on active duty \nThe Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of Love Lives On Act of 2022 , the Secretary shall resume payment of the annuity to that surviving spouse— (i) except as provided by clause (ii), for each month that begins on or after the date that is one year after such date of enactment; or (ii) on January 1, 2023, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019..", "id": "id59E5118305034FD2880FC686180BED4D", "header": "Continued eligibility for survivor benefit plan for certain surviving spouses who remarry" }, { "text": "5. Access to commissary and exchange privileges for remarried spouses \n(a) Benefits \nSection 1062 of title 10, United States Code, is amended— (1) by striking The Secretary of Defense and inserting the following: (a) Certain unremarried former spouses \nThe Secretary of Defense ; (2) by striking commissary and exchange privileges and inserting use commissary stores and MWR retail facilities ; (3) by adding at the end the following new subsection: (b) Certain remarried surviving spouses \nThe Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services. ; and (4) by adding at the end the following new subsection: (c) MWR retail facilities defined \nIn this section, the term MWR retail facilities has the meaning given that term in section 1063(e) of this title.. (b) Clerical amendments \n(1) Section heading \nThe heading of section 1062 of title 10, United States Code, is amended to read as follows: 1062. Certain former spouses and surviving spouses \n. (2) Table of sections \nThe table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item: 1062. Certain former spouses and surviving spouses..", "id": "idd2866d2c180141d597dbb3cb2a4617e9", "header": "Access to commissary and exchange privileges for remarried spouses" }, { "text": "1062. Certain former spouses and surviving spouses", "id": "H01C5D790225E4079BFD3E16EB2BE2BDE", "header": "Certain former spouses and surviving spouses" }, { "text": "6. Expansion of definition of dependent under TRICARE program to include a remarried widow or widower whose subsequent marriage has ended \nSection 1072(2) of title 10, United States Code, is amended— (1) in subparagraph (H), by striking ; and and inserting a semicolon; (2) in subparagraph (I)(v), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (J) a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment..", "id": "id43004FE8A06B458A88D1765483D4BF64", "header": "Expansion of definition of dependent under TRICARE program to include a remarried widow or widower whose subsequent marriage has ended" }, { "text": "7. Definition of surviving spouse for purposes of veterans benefits \nParagraph (3) of section 101 of title 38, United States Code, is amended to read as follows: (3) The term surviving spouse means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran's death, and who lived with the veteran continuously from the date of marriage to the date of the veteran's death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried..", "id": "idFEEB19DBA69D4059AA8C676E4CE09171", "header": "Definition of surviving spouse for purposes of veterans benefits" } ]
8
1. Short title This Act may be cited as the Love Lives On Act of 2022. 2. Removal of expiration on entitlement to Marine Gunnery Sergeant John David Fry Scholarship for surviving spouses Section 3311(f) of title 38, United States Code, is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (3) in paragraph (2), as redesignated by paragraph (2) of this section, by striking in paragraph (4) and inserting in paragraph (3) ; and (4) in paragraph (3)(A), as redesignated by paragraph (2) of this section, by striking under paragraph (3) and inserting under paragraph (2). 3. Modification of entitlement to veterans dependency and indemnity compensation for surviving spouses who remarry (a) In general Section 103(d) of title 38, United States Code, is amended— (1) in paragraph (2)(B)— (A) by inserting (i) before The remarriage ; (B) in clause (i), as designated by subparagraph (A), by striking Notwithstanding the previous sentence and inserting the following: (ii) Notwithstanding clause (i) ; and (C) by adding at the end the following new clause: (iii) Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 of this title to the surviving spouse of a veteran. ; and (2) in paragraph (5)— (A) by striking subparagraph (A); and (B) by renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively. (b) Resumption of payments to certain individuals previously denied dependency and indemnity compensation Beginning on the first day of the first month after the date of the enactment of this Act, the Secretary shall resume payment of dependency and indemnity compensation under section 1311 of such title to each living individual who— (1) is the surviving spouse of a veteran; and (2) remarried before— (A) reaching age 55; and (B) the date of the enactment of this Act. 4. Continued eligibility for survivor benefit plan for certain surviving spouses who remarry Section 1450(b)(2) of title 10, United States Code, is amended— (1) by striking An annuity and inserting the following: (A) In general (A) Subject to subparagraph (B), an annuity ; and (2) by adding at the end the following new subparagraph: (B) Treatment of survivors of members who die on active duty The Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of Love Lives On Act of 2022 , the Secretary shall resume payment of the annuity to that surviving spouse— (i) except as provided by clause (ii), for each month that begins on or after the date that is one year after such date of enactment; or (ii) on January 1, 2023, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019.. 5. Access to commissary and exchange privileges for remarried spouses (a) Benefits Section 1062 of title 10, United States Code, is amended— (1) by striking The Secretary of Defense and inserting the following: (a) Certain unremarried former spouses The Secretary of Defense ; (2) by striking commissary and exchange privileges and inserting use commissary stores and MWR retail facilities ; (3) by adding at the end the following new subsection: (b) Certain remarried surviving spouses The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services. ; and (4) by adding at the end the following new subsection: (c) MWR retail facilities defined In this section, the term MWR retail facilities has the meaning given that term in section 1063(e) of this title.. (b) Clerical amendments (1) Section heading The heading of section 1062 of title 10, United States Code, is amended to read as follows: 1062. Certain former spouses and surviving spouses . (2) Table of sections The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item: 1062. Certain former spouses and surviving spouses.. 1062. Certain former spouses and surviving spouses 6. Expansion of definition of dependent under TRICARE program to include a remarried widow or widower whose subsequent marriage has ended Section 1072(2) of title 10, United States Code, is amended— (1) in subparagraph (H), by striking ; and and inserting a semicolon; (2) in subparagraph (I)(v), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (J) a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment.. 7. Definition of surviving spouse for purposes of veterans benefits Paragraph (3) of section 101 of title 38, United States Code, is amended to read as follows: (3) The term surviving spouse means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran's death, and who lived with the veteran continuously from the date of marriage to the date of the veteran's death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried..
5,855
117s17is
117
s
17
is
To amend the Immigration and Nationality Act to provide for inadmissibility for certain aliens seeking citizenship for children by giving birth in the United States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Ban Birth Tourism Act.", "id": "S1", "header": "Short title" }, { "text": "2. Inadmissibility for aliens seeking citizenship for children by giving birth in the United States \nSection 212(a)(10) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(10) ) is amended by adding at the end the following: (F) Aliens seeking citizenship for children by giving birth in the United States \n(i) In general \nAny alien seeking admission as a nonimmigrant under section 101(a)(15)(B) for the primary purpose of obtaining United States citizenship for a child by giving birth to the child in the United States is inadmissible. (ii) Rule of construction \nNothing in this subparagraph may be construed to render inadmissible an alien seeking legitimate medical treatment relating to childbirth if obtaining citizenship for the child is not the primary purpose for seeking admission..", "id": "id7412A6D3D96840158B63DA4AA2A30A4A", "header": "Inadmissibility for aliens seeking citizenship for children by giving birth in the United States" } ]
2
1. Short title This Act may be cited as the Ban Birth Tourism Act. 2. Inadmissibility for aliens seeking citizenship for children by giving birth in the United States Section 212(a)(10) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(10) ) is amended by adding at the end the following: (F) Aliens seeking citizenship for children by giving birth in the United States (i) In general Any alien seeking admission as a nonimmigrant under section 101(a)(15)(B) for the primary purpose of obtaining United States citizenship for a child by giving birth to the child in the United States is inadmissible. (ii) Rule of construction Nothing in this subparagraph may be construed to render inadmissible an alien seeking legitimate medical treatment relating to childbirth if obtaining citizenship for the child is not the primary purpose for seeking admission..
867
117s3863is
117
s
3,863
is
To require the Secretary of Veterans Affairs to obtain an independent cybersecurity assessment of information systems of the Department of Veterans Affairs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Strengthening VA Cybersecurity Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Independent cybersecurity assessment of information systems of Department of Veterans Affairs \n(a) Independent assessment required \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with a federally funded research and development center to provide the Secretary with an independent cybersecurity assessment of— (A) not more than 10 and not fewer than three high-impact information systems of the Department of Veterans Affairs; and (B) the effectiveness of the information security program and information security management system of the Department. (2) Detailed analysis \nThe independent cybersecurity assessment provided under paragraph (1) shall include a detailed analysis of the ability of the Department— (A) to ensure the confidentiality, integrity, and availability of the information, information systems, and devices of the Department; and (B) to protect against— (i) advanced persistent cybersecurity threats; (ii) ransomware; (iii) denial of service attacks; (iv) insider threats; (v) threats from foreign actors, including State sponsored criminals and other foreign based criminals; (vi) phishing; (vii) credential theft; (viii) cybersecurity attacks that target the supply chain of the Department; (ix) threats due to remote access and telework activity; and (x) other cyber threats. (3) Types of systems \nThe independent cybersecurity assessment provided under paragraph (1) shall cover on-premises, remote, cloud-based, and mobile information systems and devices used by, or in support of, Department activities. (4) Shadow information technology \nThe independent cybersecurity assessment provided under paragraph (1) shall include an evaluation of the use of information technology systems, devices, and services by employees and contractors of the Department who do so without the elements of the Department that are responsible for information technology at the Department knowing or approving of such use. (5) Methodology \nIn conducting the cybersecurity assessment provided under paragraph (1), the federally funded research and development center shall take into account industry best practices and the current state-of-the-art in cybersecurity evaluation and review. (b) Plan \n(1) In general \nNot later than 120 days after the date on which an independent assessment is provided to the Secretary pursuant to an agreement entered into under subsection (a) with a federally funded research and development center, the Secretary shall submit to Congress a plan to address the findings of the federally funded research and development center set forth in such assessment. (2) Elements \nThe plan submitted under paragraph (1) shall include the following: (A) A cost estimate for implementing the plan. (B) A timeline for implementing the plan. (C) Such other elements as the Secretary considers appropriate. (c) Comptroller General of the United States review \nNot later than 180 days after the date of the submission of the plan under (b)(1), the Comptroller General of the United States shall— (1) commence a review of— (A) the independent cybersecurity assessment provided under subsection (a); and (B) the response of the Department to such assessment; and (2) submit to Congress a report of the results of that review commenced under paragraph (1), including any recommendations made to the Secretary regarding the matters covered by the report.", "id": "idea1563adf98148e7abc6d14643945ca9", "header": "Independent cybersecurity assessment of information systems of Department of Veterans Affairs" } ]
2
1. Short title This Act may be cited as the Strengthening VA Cybersecurity Act of 2022. 2. Independent cybersecurity assessment of information systems of Department of Veterans Affairs (a) Independent assessment required (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with a federally funded research and development center to provide the Secretary with an independent cybersecurity assessment of— (A) not more than 10 and not fewer than three high-impact information systems of the Department of Veterans Affairs; and (B) the effectiveness of the information security program and information security management system of the Department. (2) Detailed analysis The independent cybersecurity assessment provided under paragraph (1) shall include a detailed analysis of the ability of the Department— (A) to ensure the confidentiality, integrity, and availability of the information, information systems, and devices of the Department; and (B) to protect against— (i) advanced persistent cybersecurity threats; (ii) ransomware; (iii) denial of service attacks; (iv) insider threats; (v) threats from foreign actors, including State sponsored criminals and other foreign based criminals; (vi) phishing; (vii) credential theft; (viii) cybersecurity attacks that target the supply chain of the Department; (ix) threats due to remote access and telework activity; and (x) other cyber threats. (3) Types of systems The independent cybersecurity assessment provided under paragraph (1) shall cover on-premises, remote, cloud-based, and mobile information systems and devices used by, or in support of, Department activities. (4) Shadow information technology The independent cybersecurity assessment provided under paragraph (1) shall include an evaluation of the use of information technology systems, devices, and services by employees and contractors of the Department who do so without the elements of the Department that are responsible for information technology at the Department knowing or approving of such use. (5) Methodology In conducting the cybersecurity assessment provided under paragraph (1), the federally funded research and development center shall take into account industry best practices and the current state-of-the-art in cybersecurity evaluation and review. (b) Plan (1) In general Not later than 120 days after the date on which an independent assessment is provided to the Secretary pursuant to an agreement entered into under subsection (a) with a federally funded research and development center, the Secretary shall submit to Congress a plan to address the findings of the federally funded research and development center set forth in such assessment. (2) Elements The plan submitted under paragraph (1) shall include the following: (A) A cost estimate for implementing the plan. (B) A timeline for implementing the plan. (C) Such other elements as the Secretary considers appropriate. (c) Comptroller General of the United States review Not later than 180 days after the date of the submission of the plan under (b)(1), the Comptroller General of the United States shall— (1) commence a review of— (A) the independent cybersecurity assessment provided under subsection (a); and (B) the response of the Department to such assessment; and (2) submit to Congress a report of the results of that review commenced under paragraph (1), including any recommendations made to the Secretary regarding the matters covered by the report.
3,562
117s2137is
117
s
2,137
is
To amend title 49, United States Code, to establish an Office of Rural Investment, to ensure that rural communities and regions are equitably represented in Federal decision making for transportation policy, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Rural Transportation Equity Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Rural investment \n(a) Office of Rural Investment \n(1) Establishment \nSection 102 of title 49, United States Code, is amended— (A) in subsection (a), by inserting (referred to in this section as the Department ) after Department of Transportation ; (B) in subsection (b), in the first sentence, by inserting (referred to in this section as the Secretary ) after Secretary of Transportation ; (C) in subsection (f)(1), by striking “Department of Transportation” each place it appears and inserting “Department”; (D) by redesignating subsection (h) as subsection (i); and (E) by inserting after subsection (g) the following: (h) Office of Rural Investment \n(1) In general \nThere is established in the Department, within the Office of the Secretary, an Office of Rural Investment (referred to in this subsection as the Office ). (2) Leadership \nThe Office shall be headed by a Director for Rural Investment (referred to in this subsection as the Director ) who shall be appointed by, and report directly to, the Secretary. (3) Mission \n(A) In general \nThe mission of the Office shall be to coordinate with other offices and agencies within the Department and with other Federal agencies to further the goals and objectives described in subparagraph (B). (B) Goals and objectives described \nThe goals and objectives referred to in subparagraph (A) are— (i) to ensure that the unique needs and attributes of rural transportation, involving all modes, are fully addressed and prioritized during the development and implementation of transportation policies, programs, and activities within the Department; (ii) to improve coordination of Federal transportation policies, programs, and activities within the Department in a manner that expands economic development in rural communities and regions, and to provide recommendations for improvement, including additional internal realignments; (iii) to expand Federal transportation infrastructure investment in rural communities and regions, including by providing recommendations for changes in existing funding distribution patterns; (iv) to use innovation to resolve local and regional transportation challenges faced by rural communities and regions; (v) to promote and improve planning and coordination among rural communities and regions to maximize the unique competitive advantage in those locations while avoiding duplicative Federal, State and local investments; and (vi) to ensure that all rural communities and regions lacking resources receive proactive outreach, education, and technical assistance to improve access to Federal transportation programs. (4) Duties of the Director \nThe Director shall— (A) be responsible for engaging in activities to carry out the mission described in paragraph (3); (B) organize, guide, and lead activities within the Department to address disparities in rural transportation infrastructure to improve safety, economic development, and quality of life in rural communities and regions; (C) provide information and outreach to rural communities and regions concerning the availability and eligibility requirements of participating in programs of the Department; (D) help rural communities and regions— (i) identify competitive economic advantages and transportation investments that ensure continued economic growth; and (ii) avoid duplicative transportation investments; (E) serve as a resource for assisting rural communities and regions with respect to Federal transportation programs; (F) identify— (i) Federal statutes, regulations, and polices that may impede the Department from supporting effective rural infrastructure projects that address national transportation goals; and (ii) potential measures to solve or mitigate those issues; (G) identify improved, simplified, and streamlined internal processes to help limited-resource rural communities and regions access transportation investments; (H) recommend changes and initiatives for the Secretary to consider; (I) ensure and coordinate a routine rural consultation on the development of policies, programs, and activities of the Department; (J) serve as an advocate within the Department on behalf of rural communities and regions; and (K) work in coordination with the Department of Agriculture, the Department of Health and Human Services, the Department of Commerce, the Federal Communications Commission, and other Federal agencies, as the Secretary determines to be appropriate, in carrying out the duties described in subparagraphs (A) through (J). (5) Contracts and agreements \nFor the purpose of carrying out the mission of the Office under paragraph (3), the Secretary may enter into contracts, cooperative agreements, and other agreements as necessary, including with research centers, institutions of higher education, States, units of local government, nonprofit organizations, or a combination of any of those entities— (A) to conduct research on transportation investments that promote rural economic development; (B) to solicit information in the development of policy, programs, and activities of the Department that can improve infrastructure investment and economic development in rural communities and regions; (C) to develop educational and outreach materials, including the conduct of workshops, courses, and certified training for rural communities and regions that can further the mission and goals of the Office and the Department; and (D) to carry out any other activities, as determined by the Secretary to be appropriate. (6) Grants \n(A) In general \nThe Director may award competitive grants to an entity described in subparagraph (B) to support expanded education, outreach, and technical assistance to rural communities and regions. (B) Entity described \nAn entity referred to in subparagraph (A) is a nonprofit organization or an institution of higher education that has not less than 3 years of experience providing meaningful transportation technical assistance or advocacy services to rural communities and regions. (7) Employees \nThe Secretary shall ensure that not more than 4 full-time equivalent employees are assigned to the Office. (8) Coordination within and among other offices and agencies of the Department \n(A) In general \nThe Secretary shall designate not fewer than 1 representative from each office or agency of the Department described in subparagraph (B) who shall be responsible for leading the efforts within that office or agency to further the goals and objectives described in subparagraph (B) of paragraph (3). (B) Offices and agencies described \nThe offices and agencies of the Department referred to in subparagraph (A) are each of the following: (i) The Office of the Under Secretary of Transportation for Policy. (ii) The Office of the General Counsel. (iii) The Office of the Chief Financial Officer and Assistant Secretary for Budget and Programs. (iv) The Federal Aviation Administration. (v) The Federal Highway Administration. (vi) The Federal Railroad Administration. (vii) The Federal Transit Administration. (viii) The Office of the Assistant Secretary for Governmental Affairs. (ix) The Office of Public Affairs. (x) Any other office or agency of the Department that the Secretary determines to be appropriate. (C) Duties \nThe Chief Infrastructure Funding Officer of the Department and the representatives designated under subparagraph (A)— (i) shall— (I) meet bimonthly; and (II) recommend initiatives to the Office; and (ii) may participate in all meetings and relevant activities of the Office to provide input and guidance relevant to rural transportation infrastructure projects and issues. (9) Additional input \n(A) In general \nThe Secretary shall seek input from the offices and agencies of the Department described in subparagraph (B) to further the goals and objectives described in subparagraph (B) of paragraph (3). (B) Offices and agencies described \nThe offices and agencies of the Department referred to in subparagraph (A) are each of the following: (i) The Maritime Administration. (ii) The Saint Lawrence Seaway Development Corporation. (iii) The National Highway Traffic Safety Administration. (10) Report \nEach year, the Office shall submit to the Secretary a report describing— (A) the objectives of the Office for the coming year; and (B) how the objectives of the Office were accomplished in the previous year. (11) Applicability \nIn carrying out the mission of the Office under paragraph (3), the Secretary shall consider as rural any area considered to be a rural area under a Federal transportation program of the Department.. (2) Council on Credit and Finance \nSection 117(b)(1) of title 49, United States Code, is amended by adding at the end the following: (I) The Director for Rural Investment.. (b) Rural transportation advisory council \n(1) Definitions \nIn this subsection: (A) Advisory council \nThe term advisory council means the rural transportation advisory council established under paragraph (2). (B) Relevant committees of Congress \nThe term relevant committees of Congress means— (i) the Committee on Transportation and Infrastructure of the House of Representatives; (ii) the Committee on Energy and Commerce of the House of Representatives; (iii) the Committee on Environment and Public Works of the Senate; (iv) the Committee on Commerce, Science, and Transportation of the Senate; (v) the Committee on Banking, Housing, and Urban Affairs of the Senate; (vi) the Subcommittee on Transportation, and Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (vii) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate. (C) Secretary \nThe term Secretary means the Secretary of Transportation. (2) Establishment \nThe Secretary shall establish a rural transportation advisory council to consult with and advise the Office of Rural Investment. (3) Membership \n(A) In general \nThe advisory council shall be composed of 15 members, appointed by the Secretary, of whom— (i) not fewer than 1 shall be a representative from an institution of higher education or extension program; (ii) not fewer than 1 shall be a representative from an organization promoting business and economic development, such as a chamber of commerce, a local government institution, or a planning organization; (iii) not fewer than 1 shall be a representative from a financing entity; (iv) not fewer than 1 shall have experience in health, mobility, or emergency services; (v) not fewer than 1 shall have experience in transportation safety; (vi) not fewer than 1 shall have experience with workforce access; (vii) not fewer than 1 shall have experience with tourism and recreational activities; (viii) not fewer than 1 shall have— (I) experience with rural supply chains, such as direct-to-consumer supply chains; and (II) wholesale distribution experience; (ix) not fewer than 1 shall have experience in emerging or innovative technologies relating to rural transportation networks; (x) not fewer than 1 shall have experience in food, nutrition, and grocery access; (xi) not fewer than 1 shall represent agriculture, nutrition, or forestry; and (xii) not fewer than 1 shall have experience with historically underserved regions, as determined by the Secretary. (B) Requirement \nThe Secretary shall appoint members to the advisory council in a manner that ensures, to the maximum extent practicable, that the geographic and economic diversity of rural communities and regions of the United States are represented. (C) Timing of initial appointments \nNot later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the advisory council. (D) Period of appointments \n(i) In general \nExcept as provided in clause (ii), a member of the advisory council shall be appointed for a term of 3 years. (ii) Initial appointments \nOf the members first appointed to the advisory council— (I) 5, as determined by the Secretary, shall be appointed for a term of 3 years; (II) 5, as determined by the Secretary, shall be appointed for a term of 2 years; and (III) 5, as determined by the Secretary, shall be appointed for a term of 1 year. (E) Vacancies \nAny vacancy on the advisory council— (i) shall not affect the power of the advisory council; and (ii) shall be filled as soon as practicable and in the same manner as the original appointment. (F) Consecutive terms \nAn appointee to the advisory council may serve 1 additional, consecutive term if the member is reappointed by the Secretary. (4) Meetings \n(A) In general \nThe advisory council shall meet not less than twice per year, as determined by the Secretary. (B) Initial meeting \nNot later than 180 days after the date on which the initial members of the advisory council are appointed under paragraph (3)(C), the advisory council shall hold the first meeting of the advisory council. (5) Duties \n(A) In general \nThe advisory council shall— (i) advise the Office of Rural Investment on issues related to rural needs relating to Federal transportation programs; (ii) evaluate and review ongoing research activities relating to rural transportation networks, including new and emerging barriers to economic development and access to investments; (iii) develop recommendations for any changes to Federal law, regulations, internal Department of Transportation policies or guidance, or other measures that would eliminate barriers for rural access or improve rural equity in transportation investments; (iv) examine methods of maximizing the number of opportunities for assistance for rural communities and regions under Federal transportation programs, including expanded outreach and technical assistance; (v) examine methods of encouraging intergovernmental and local resource cooperation to mitigate duplicative investments in key rural communities and regions and improve the efficiencies in the delivery of Federal transportation programs; (vi) evaluate other methods of creating new opportunities for rural communities and regions; and (vii) address any other relevant issues as the Secretary determines to be appropriate. (B) Reports \nNot later than 1 year after the date on which the initial members of the advisory council are appointed under paragraph (3)(C), and every 2 years thereafter through 2026, the advisory council shall submit to the Secretary and the relevant committees of Congress a report describing the recommendations developed under subparagraph (A)(iii). (6) Personnel matters \n(A) Compensation \nA member of the advisory council shall serve without compensation. (B) Travel expenses \nA member of the advisory council shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (7) Termination \n(A) In general \nSubject to subparagraph (B), the advisory council shall terminate on the date that is 5 years after the date on which the initial members are appointed under paragraph (3)(C). (B) Extension \nBefore the date on which the advisory council terminates, the Secretary may renew the advisory council for 1 or more 2-year periods. (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section and the amendments made by this section $7,000,000 for each of fiscal years 2022 through 2026.", "id": "id602D69D9E1394B2CBAA8C47A0DBF97C4", "header": "Rural investment" } ]
2
1. Short title This Act may be cited as the Rural Transportation Equity Act of 2021. 2. Rural investment (a) Office of Rural Investment (1) Establishment Section 102 of title 49, United States Code, is amended— (A) in subsection (a), by inserting (referred to in this section as the Department ) after Department of Transportation ; (B) in subsection (b), in the first sentence, by inserting (referred to in this section as the Secretary ) after Secretary of Transportation ; (C) in subsection (f)(1), by striking “Department of Transportation” each place it appears and inserting “Department”; (D) by redesignating subsection (h) as subsection (i); and (E) by inserting after subsection (g) the following: (h) Office of Rural Investment (1) In general There is established in the Department, within the Office of the Secretary, an Office of Rural Investment (referred to in this subsection as the Office ). (2) Leadership The Office shall be headed by a Director for Rural Investment (referred to in this subsection as the Director ) who shall be appointed by, and report directly to, the Secretary. (3) Mission (A) In general The mission of the Office shall be to coordinate with other offices and agencies within the Department and with other Federal agencies to further the goals and objectives described in subparagraph (B). (B) Goals and objectives described The goals and objectives referred to in subparagraph (A) are— (i) to ensure that the unique needs and attributes of rural transportation, involving all modes, are fully addressed and prioritized during the development and implementation of transportation policies, programs, and activities within the Department; (ii) to improve coordination of Federal transportation policies, programs, and activities within the Department in a manner that expands economic development in rural communities and regions, and to provide recommendations for improvement, including additional internal realignments; (iii) to expand Federal transportation infrastructure investment in rural communities and regions, including by providing recommendations for changes in existing funding distribution patterns; (iv) to use innovation to resolve local and regional transportation challenges faced by rural communities and regions; (v) to promote and improve planning and coordination among rural communities and regions to maximize the unique competitive advantage in those locations while avoiding duplicative Federal, State and local investments; and (vi) to ensure that all rural communities and regions lacking resources receive proactive outreach, education, and technical assistance to improve access to Federal transportation programs. (4) Duties of the Director The Director shall— (A) be responsible for engaging in activities to carry out the mission described in paragraph (3); (B) organize, guide, and lead activities within the Department to address disparities in rural transportation infrastructure to improve safety, economic development, and quality of life in rural communities and regions; (C) provide information and outreach to rural communities and regions concerning the availability and eligibility requirements of participating in programs of the Department; (D) help rural communities and regions— (i) identify competitive economic advantages and transportation investments that ensure continued economic growth; and (ii) avoid duplicative transportation investments; (E) serve as a resource for assisting rural communities and regions with respect to Federal transportation programs; (F) identify— (i) Federal statutes, regulations, and polices that may impede the Department from supporting effective rural infrastructure projects that address national transportation goals; and (ii) potential measures to solve or mitigate those issues; (G) identify improved, simplified, and streamlined internal processes to help limited-resource rural communities and regions access transportation investments; (H) recommend changes and initiatives for the Secretary to consider; (I) ensure and coordinate a routine rural consultation on the development of policies, programs, and activities of the Department; (J) serve as an advocate within the Department on behalf of rural communities and regions; and (K) work in coordination with the Department of Agriculture, the Department of Health and Human Services, the Department of Commerce, the Federal Communications Commission, and other Federal agencies, as the Secretary determines to be appropriate, in carrying out the duties described in subparagraphs (A) through (J). (5) Contracts and agreements For the purpose of carrying out the mission of the Office under paragraph (3), the Secretary may enter into contracts, cooperative agreements, and other agreements as necessary, including with research centers, institutions of higher education, States, units of local government, nonprofit organizations, or a combination of any of those entities— (A) to conduct research on transportation investments that promote rural economic development; (B) to solicit information in the development of policy, programs, and activities of the Department that can improve infrastructure investment and economic development in rural communities and regions; (C) to develop educational and outreach materials, including the conduct of workshops, courses, and certified training for rural communities and regions that can further the mission and goals of the Office and the Department; and (D) to carry out any other activities, as determined by the Secretary to be appropriate. (6) Grants (A) In general The Director may award competitive grants to an entity described in subparagraph (B) to support expanded education, outreach, and technical assistance to rural communities and regions. (B) Entity described An entity referred to in subparagraph (A) is a nonprofit organization or an institution of higher education that has not less than 3 years of experience providing meaningful transportation technical assistance or advocacy services to rural communities and regions. (7) Employees The Secretary shall ensure that not more than 4 full-time equivalent employees are assigned to the Office. (8) Coordination within and among other offices and agencies of the Department (A) In general The Secretary shall designate not fewer than 1 representative from each office or agency of the Department described in subparagraph (B) who shall be responsible for leading the efforts within that office or agency to further the goals and objectives described in subparagraph (B) of paragraph (3). (B) Offices and agencies described The offices and agencies of the Department referred to in subparagraph (A) are each of the following: (i) The Office of the Under Secretary of Transportation for Policy. (ii) The Office of the General Counsel. (iii) The Office of the Chief Financial Officer and Assistant Secretary for Budget and Programs. (iv) The Federal Aviation Administration. (v) The Federal Highway Administration. (vi) The Federal Railroad Administration. (vii) The Federal Transit Administration. (viii) The Office of the Assistant Secretary for Governmental Affairs. (ix) The Office of Public Affairs. (x) Any other office or agency of the Department that the Secretary determines to be appropriate. (C) Duties The Chief Infrastructure Funding Officer of the Department and the representatives designated under subparagraph (A)— (i) shall— (I) meet bimonthly; and (II) recommend initiatives to the Office; and (ii) may participate in all meetings and relevant activities of the Office to provide input and guidance relevant to rural transportation infrastructure projects and issues. (9) Additional input (A) In general The Secretary shall seek input from the offices and agencies of the Department described in subparagraph (B) to further the goals and objectives described in subparagraph (B) of paragraph (3). (B) Offices and agencies described The offices and agencies of the Department referred to in subparagraph (A) are each of the following: (i) The Maritime Administration. (ii) The Saint Lawrence Seaway Development Corporation. (iii) The National Highway Traffic Safety Administration. (10) Report Each year, the Office shall submit to the Secretary a report describing— (A) the objectives of the Office for the coming year; and (B) how the objectives of the Office were accomplished in the previous year. (11) Applicability In carrying out the mission of the Office under paragraph (3), the Secretary shall consider as rural any area considered to be a rural area under a Federal transportation program of the Department.. (2) Council on Credit and Finance Section 117(b)(1) of title 49, United States Code, is amended by adding at the end the following: (I) The Director for Rural Investment.. (b) Rural transportation advisory council (1) Definitions In this subsection: (A) Advisory council The term advisory council means the rural transportation advisory council established under paragraph (2). (B) Relevant committees of Congress The term relevant committees of Congress means— (i) the Committee on Transportation and Infrastructure of the House of Representatives; (ii) the Committee on Energy and Commerce of the House of Representatives; (iii) the Committee on Environment and Public Works of the Senate; (iv) the Committee on Commerce, Science, and Transportation of the Senate; (v) the Committee on Banking, Housing, and Urban Affairs of the Senate; (vi) the Subcommittee on Transportation, and Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (vii) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate. (C) Secretary The term Secretary means the Secretary of Transportation. (2) Establishment The Secretary shall establish a rural transportation advisory council to consult with and advise the Office of Rural Investment. (3) Membership (A) In general The advisory council shall be composed of 15 members, appointed by the Secretary, of whom— (i) not fewer than 1 shall be a representative from an institution of higher education or extension program; (ii) not fewer than 1 shall be a representative from an organization promoting business and economic development, such as a chamber of commerce, a local government institution, or a planning organization; (iii) not fewer than 1 shall be a representative from a financing entity; (iv) not fewer than 1 shall have experience in health, mobility, or emergency services; (v) not fewer than 1 shall have experience in transportation safety; (vi) not fewer than 1 shall have experience with workforce access; (vii) not fewer than 1 shall have experience with tourism and recreational activities; (viii) not fewer than 1 shall have— (I) experience with rural supply chains, such as direct-to-consumer supply chains; and (II) wholesale distribution experience; (ix) not fewer than 1 shall have experience in emerging or innovative technologies relating to rural transportation networks; (x) not fewer than 1 shall have experience in food, nutrition, and grocery access; (xi) not fewer than 1 shall represent agriculture, nutrition, or forestry; and (xii) not fewer than 1 shall have experience with historically underserved regions, as determined by the Secretary. (B) Requirement The Secretary shall appoint members to the advisory council in a manner that ensures, to the maximum extent practicable, that the geographic and economic diversity of rural communities and regions of the United States are represented. (C) Timing of initial appointments Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the advisory council. (D) Period of appointments (i) In general Except as provided in clause (ii), a member of the advisory council shall be appointed for a term of 3 years. (ii) Initial appointments Of the members first appointed to the advisory council— (I) 5, as determined by the Secretary, shall be appointed for a term of 3 years; (II) 5, as determined by the Secretary, shall be appointed for a term of 2 years; and (III) 5, as determined by the Secretary, shall be appointed for a term of 1 year. (E) Vacancies Any vacancy on the advisory council— (i) shall not affect the power of the advisory council; and (ii) shall be filled as soon as practicable and in the same manner as the original appointment. (F) Consecutive terms An appointee to the advisory council may serve 1 additional, consecutive term if the member is reappointed by the Secretary. (4) Meetings (A) In general The advisory council shall meet not less than twice per year, as determined by the Secretary. (B) Initial meeting Not later than 180 days after the date on which the initial members of the advisory council are appointed under paragraph (3)(C), the advisory council shall hold the first meeting of the advisory council. (5) Duties (A) In general The advisory council shall— (i) advise the Office of Rural Investment on issues related to rural needs relating to Federal transportation programs; (ii) evaluate and review ongoing research activities relating to rural transportation networks, including new and emerging barriers to economic development and access to investments; (iii) develop recommendations for any changes to Federal law, regulations, internal Department of Transportation policies or guidance, or other measures that would eliminate barriers for rural access or improve rural equity in transportation investments; (iv) examine methods of maximizing the number of opportunities for assistance for rural communities and regions under Federal transportation programs, including expanded outreach and technical assistance; (v) examine methods of encouraging intergovernmental and local resource cooperation to mitigate duplicative investments in key rural communities and regions and improve the efficiencies in the delivery of Federal transportation programs; (vi) evaluate other methods of creating new opportunities for rural communities and regions; and (vii) address any other relevant issues as the Secretary determines to be appropriate. (B) Reports Not later than 1 year after the date on which the initial members of the advisory council are appointed under paragraph (3)(C), and every 2 years thereafter through 2026, the advisory council shall submit to the Secretary and the relevant committees of Congress a report describing the recommendations developed under subparagraph (A)(iii). (6) Personnel matters (A) Compensation A member of the advisory council shall serve without compensation. (B) Travel expenses A member of the advisory council shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (7) Termination (A) In general Subject to subparagraph (B), the advisory council shall terminate on the date that is 5 years after the date on which the initial members are appointed under paragraph (3)(C). (B) Extension Before the date on which the advisory council terminates, the Secretary may renew the advisory council for 1 or more 2-year periods. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section and the amendments made by this section $7,000,000 for each of fiscal years 2022 through 2026.
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To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Visa Transparency Anti-Trafficking Act of 2021.", "id": "HA325DBE694EB44C69FF3D67C4FE460CC", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Bona fide research purposes \nThe term bona fide research purposes — (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include— (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (2) Employment \nThe term employment — (A) means employment in the United States; (B) includes cultural exchanges, training, and business activities in which the nonimmigrant receives any form of compensation (including a stipend) from any source, whether paid in the United States or in the nonimmigrant’s country of origin, and whether or not authorized by law; and (C) does not include the activities of a nonimmigrant described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ), except— (i) personal or domestic servants accompanying or following to join a nonimmigrant employer who seeks admission into, or is already in, the United States; (ii) personal or domestic servants accompanying or following to join a United States citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States; (iii) nonimmigrants engaged in training, services, or work normally allowed under other nonimmigrant visa classifications, including— (I) services described in clause (i)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); and (II) training described in clause (iii) of such section; and (iv) nonimmigrants engaged in the supervision or training of others engaged in building or construction work, but not for the purpose of performing any such building or construction work themselves (as described in section 214.2(b)(5) of title 8, Code of Federal Regulations and section 41.31(b)(1) of title 22, Code of Federal Regulations). (3) Law enforcement \nThe term law enforcement includes— (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 ( 34 U.S.C. 20709 )); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act ( 15 U.S.C. 15g(1) )). (4) Nonimmigrant visa classification, status, or subclassification \nThe term nonimmigrant visa classification, status, or subclassification means any program, level, category, subcategory, or other type of grouping that— (A) is part of a nonimmigrant visa classification or status— (i) described in section 101(a)(15) or 214(e) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) and 1184(e)); or (ii) otherwise established under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )); and (B) may be specifically created, delineated, or defined in— (i) any Federal statute, regulation, agency guidance, directive, memo, or any other source material, including the Code of Federal Regulations, the Foreign Affairs Manual, and Department of State cables (classified or unclassified); or (ii) any official form, application, or petition used by the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor. (5) Service providers to human trafficking victims \nThe term service providers to human trafficking victims means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under— (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(2)(A) , 7105(f), and 7109a); or (B) section 202 or 203 of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20702 and 20703). (6) Temporary foreign nonimmigrant worker \nThe term temporary foreign nonimmigrant worker means— (A) a nonimmigrant— (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); (ii) who has petitioned for, requested, or otherwise applied for a visa described in subparagraph (A); or (iii) for whom such a visa has been petitioned, requested, or applied; and (B) any person authorized to be employed in the United States under any nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, except for persons who were issued nonimmigrant visas for the purpose of victim or witness protection. (7) Third party intermediary \nThe term third party intermediary — (A) means any natural person, corporation, company, firm, partnership, joint stock company or association, or other organization or entity, including municipal corporations, that recruits, solicits, or engages in related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs outside of the United States; and (B) includes recruiters, subrecruiters, placement agencies, staffing agencies, labor contractors, and sponsor organizations designated by the Secretary of State, including for-profit and not-for-profit sponsor entities. (8) Worker protection organization \nThe term worker protection organization means any nonprofit, nongovernmental organization that— (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers’ compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions.", "id": "id36E283466C8C400D8E1B3D459FEC9FEA", "header": "Definitions" }, { "text": "3. Annual report to Congress on nonimmigrant visas \nSection 214(c)(8) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(8) ) is amended to read as follows: (8) Not later than 6 months after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes, with respect to the reporting period— (A) the number of citizens of countries with a Compact of Free Association with the United States who— (i) are authorized by such Compact to reside indefinitely in the United States as nonimmigrants; and (ii) were admitted to the United States; (B) the ports of entry at which the individuals described in subparagraph (A) were admitted; and (C) with respect to each nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, as applicable (except for visas issued for the purpose of victim or witness protection), to the extent that the following data are collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such department— (i) the number of visas that were issued; (ii) the number of persons who were admitted into the United States; (iii) the number of persons who were otherwise granted legal status; (iv) the number of visas that expired, were revoked, or were otherwise terminated, respectively; (v) the number of temporary foreign nonimmigrant workers employed in each State; (vi) the 10 employers that hired the most temporary foreign nonimmigrant workers; (vii) the 10 occupations, listed by Standard Occupational Classification Code, in which the largest number of temporary foreign nonimmigrant workers are employed in the United States, and the average hourly and yearly salary paid to temporary foreign nonimmigrant workers in each such occupation; (viii) the 10 most common nationalities of temporary foreign nonimmigrant workers; (ix) the 10 third party intermediaries that recruited or hired the most temporary foreign nonimmigrant workers; (x) the percentage of temporary foreign nonimmigrant workers at each major education level; (xi) the percentage of temporary foreign nonimmigrant workers who are younger than 20 years of age, between 20 and 24 years of age, between 25 and 29 years of age, between 30 and 34 years of age, between 35 and 39 years of age, between 40 and 44 years of age, between 45 and 49 years of age, between 50 and 54 years of age, between 55 and 59 years of age, between 60 and 64 years of age, or older than 65 years of age, respectively; (xii) the percentage of temporary foreign nonimmigrant workers of each sex who were issued visas; and (xiii) the source of the data described in clauses (i) through (xii)..", "id": "idB587091972B44573B898CBE56057EB58", "header": "Annual report to Congress on nonimmigrant visas" }, { "text": "4. Database \n(a) In general \n(1) Availability of information \nAt the time the Secretary of Homeland Security submits each annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, with respect to each temporary foreign nonimmigrant worker, the Secretary shall make the information described in subsection (b) (except for information regarding visas issued for the purpose of victim or witness protection) that is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such department, or by any successor agency to any such department on a dedicated and searchable database. (2) Sources; redundancies \nThe database established pursuant to paragraph (1) shall— (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency— (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. (b) Required information \n(1) Biographical information \nThe information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker— (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. (2) Visa information \nThe information made available in the database established pursuant to subsection (a) shall include, for each visa requested by a temporary foreign nonimmigrant worker— (A) the visa classification or status that was requested, including— (i) any applicable subclassification, preference, or program associated with the visa classification or status; and (ii) if applicable, any section cited from the Code of Federal Regulations, Foreign Affairs Manual, or any other Federal guidance document that corresponds to such subclassification, preference, or program; (B) whether the request is for a new visa or an extension of an existing visa or status; (C) the status of the visa, such as issued, expired, revoked, or terminated; (D) whether the visa was issued pursuant to a blanket petition; and (E) whether the visa or status was issued at a port of entry and, if so, the port of entry where it was issued. (3) Employment information \nThe information made available in the database established pursuant to subsection (a) shall include— (A) for each offer of employment in the United States— (i) the temporary foreign nonimmigrant worker’s occupation and the standard occupational classification code for the occupation, or any other occupational code listed; (ii) the wages, salary, and any other compensation to be paid to the temporary foreign nonimmigrant worker; (iii) the address where the temporary foreign nonimmigrant worker will work, and any additional worksite addresses; (iv) the address where the temporary foreign nonimmigrant worker will reside during his or her employment; (v) whether the temporary foreign nonimmigrant worker will be assigned to work at an offsite location; and (vi) whether the temporary foreign nonimmigrant worker’s position is a full-time position; and (B) for each accepted offer of employment in the United States— (i) the dates on which the temporary foreign nonimmigrant worker began and ended employment; and (ii) the date on which the temporary foreign nonimmigrant worker entered the United States. (4) Employer information \nThe information made available in the database established pursuant to subsection (a) shall include, for each employer of temporary foreign nonimmigrant workers— (A) the name and address of the employer; (B) if the employer is a household employer, the nationality of the employer; (C) whether the employer is an H–1B dependent employer (as defined in section 212(n)(3)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(3)(A) )); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. (5) Application information \nThe information made available in the database established pursuant to subsection (a) shall include, for each application filed on behalf of a temporary foreign nonimmigrant worker— (A) the date on which the application was filed; (B) the status of such application, such as approved, rejected, denied, withdrawn, or awaiting final action; (C) whether the application was for the purpose of— (i) beginning new employment; (ii) continuing previously approved employment with the same employer without change; (iii) changing from previously approved employment; (iv) new concurrent employment; (v) changing of employer; (vi) amending a petition; (vii) requesting initial permission to accept employment; (viii) renewing permission to accept employment; or (ix) something not described in clauses (i) through (viii); (D) whether the application was a blanket petition; (E) the total number of temporary foreign nonimmigrant workers included in the application; (F) the application number; (G) whether the temporary foreign nonimmigrant worker is eligible for employment authorization based on pre-completion optional practical training, post-completion optional practical training, or STEM optional practical training; (H) if the temporary foreign nonimmigrant worker is eligible for employment authorization based on STEM optional practical training— (i) the worker’s degree; and (ii) the name of the worker’s employer; and (I) the name of the person or entity that filed a permanent status petition on the behalf of the temporary foreign nonimmigrant worker. (6) Third party intermediary information \nThe information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. (c) Recipient entities \n(1) In general \nThe database established pursuant to subsection (a), including all personally identifiable information including in such database, shall be made available only to— (A) law enforcement agencies; (B) service providers to human trafficking victims; (C) worker protection organizations; or (D) entities agreeing to only use such information for bona fide research purposes. (2) Certification \nAny entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity— (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. (3) Privacy protection \nAny government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated— (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. (d) Rulemaking \nThe Secretary of Homeland Security shall— (1) promulgate a rule that establishes— (A) procedures for requesting and accessing information contained in the database established pursuant to subsection (a), which access may not be limited to fewer than 5 years; and (B) security procedures for protecting such information, including rules relating to personnel security, physical security, and network security; and (2) promulgate regulations making the information described in subsection (a) available to the public in a searchable database format, except for— (A) any personally identifiable information, including— (i) worksite address, but shall include the State in which the worksite is located; and (ii) the names of any household employers; (B) any query that returns fewer than 10 workers; and (C) any information that, alone or in combination, would allow a reasonable person who does not have personal knowledge of the relevant circumstances, to identify a specific temporary foreign nonimmigrant worker with reasonable certainty.", "id": "id10dbb5c49c4345e48032c721a2471f79", "header": "Database" }, { "text": "5. Authority to modify forms \nThe Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3.", "id": "idb998ff071448436bb2c38819fca9c63f", "header": "Authority to modify forms" }, { "text": "6. Authority to immediately update fees \nNotwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act ) or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act.", "id": "id2182ee120cbf4dbd8e2cc2c80bd25fee", "header": "Authority to immediately update fees" }, { "text": "7. Information sharing \nThe Secretary of State and the Secretary of Labor shall— (1) annually submit to the Secretary of Homeland Security, in a timely manner, any information collected or maintained by the Department of State or the Department of Labor that is required to be included in the annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3; and (2) provide any other related information to the Secretary of Homeland Security, upon request, that may be necessary to carry out the Secretary of Homeland Security’s responsibilities under this Act and the amendment made by section 3.", "id": "idb69bb7de5a994336a4b9682061832260", "header": "Information sharing" }, { "text": "8. Exemption from Paperwork Reduction Act \nThe requirements under chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ), shall not apply to any action to implement this Act or the amendments made by this Act.", "id": "idb9bc0d42d9a640dfbabfd14b6ad96fd2", "header": "Exemption from Paperwork Reduction Act" }, { "text": "9. Progressive implementation \n(a) Initial report \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. (b) Full report \nNot later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department.", "id": "id4f8edb61e9604acbad17c1a397525d8f", "header": "Progressive implementation" }, { "text": "10. Continued reporting \n(a) In general \nFederal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (b) Savings provision \nNone of the reporting requirements under this Act or the amendments made by this Act may be construed to replace— (1) any reporting requirements under any statute or regulation in effect on the date of the enactment of this Act; or (2) any reports or publicly available microdata published by any Federal agency pertaining to any nonimmigrant visa classification that authorizes employment.", "id": "id093a6bdb4e20438db4f4a4dd0f6d68c9", "header": "Continued reporting" } ]
10
1. Short title This Act may be cited as the Visa Transparency Anti-Trafficking Act of 2021. 2. Definitions In this Act: (1) Bona fide research purposes The term bona fide research purposes — (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include— (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (2) Employment The term employment — (A) means employment in the United States; (B) includes cultural exchanges, training, and business activities in which the nonimmigrant receives any form of compensation (including a stipend) from any source, whether paid in the United States or in the nonimmigrant’s country of origin, and whether or not authorized by law; and (C) does not include the activities of a nonimmigrant described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ), except— (i) personal or domestic servants accompanying or following to join a nonimmigrant employer who seeks admission into, or is already in, the United States; (ii) personal or domestic servants accompanying or following to join a United States citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States; (iii) nonimmigrants engaged in training, services, or work normally allowed under other nonimmigrant visa classifications, including— (I) services described in clause (i)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); and (II) training described in clause (iii) of such section; and (iv) nonimmigrants engaged in the supervision or training of others engaged in building or construction work, but not for the purpose of performing any such building or construction work themselves (as described in section 214.2(b)(5) of title 8, Code of Federal Regulations and section 41.31(b)(1) of title 22, Code of Federal Regulations). (3) Law enforcement The term law enforcement includes— (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 ( 34 U.S.C. 20709 )); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act ( 15 U.S.C. 15g(1) )). (4) Nonimmigrant visa classification, status, or subclassification The term nonimmigrant visa classification, status, or subclassification means any program, level, category, subcategory, or other type of grouping that— (A) is part of a nonimmigrant visa classification or status— (i) described in section 101(a)(15) or 214(e) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) and 1184(e)); or (ii) otherwise established under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )); and (B) may be specifically created, delineated, or defined in— (i) any Federal statute, regulation, agency guidance, directive, memo, or any other source material, including the Code of Federal Regulations, the Foreign Affairs Manual, and Department of State cables (classified or unclassified); or (ii) any official form, application, or petition used by the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor. (5) Service providers to human trafficking victims The term service providers to human trafficking victims means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under— (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(2)(A) , 7105(f), and 7109a); or (B) section 202 or 203 of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20702 and 20703). (6) Temporary foreign nonimmigrant worker The term temporary foreign nonimmigrant worker means— (A) a nonimmigrant— (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); (ii) who has petitioned for, requested, or otherwise applied for a visa described in subparagraph (A); or (iii) for whom such a visa has been petitioned, requested, or applied; and (B) any person authorized to be employed in the United States under any nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, except for persons who were issued nonimmigrant visas for the purpose of victim or witness protection. (7) Third party intermediary The term third party intermediary — (A) means any natural person, corporation, company, firm, partnership, joint stock company or association, or other organization or entity, including municipal corporations, that recruits, solicits, or engages in related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs outside of the United States; and (B) includes recruiters, subrecruiters, placement agencies, staffing agencies, labor contractors, and sponsor organizations designated by the Secretary of State, including for-profit and not-for-profit sponsor entities. (8) Worker protection organization The term worker protection organization means any nonprofit, nongovernmental organization that— (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers’ compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. 3. Annual report to Congress on nonimmigrant visas Section 214(c)(8) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(8) ) is amended to read as follows: (8) Not later than 6 months after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes, with respect to the reporting period— (A) the number of citizens of countries with a Compact of Free Association with the United States who— (i) are authorized by such Compact to reside indefinitely in the United States as nonimmigrants; and (ii) were admitted to the United States; (B) the ports of entry at which the individuals described in subparagraph (A) were admitted; and (C) with respect to each nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, as applicable (except for visas issued for the purpose of victim or witness protection), to the extent that the following data are collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such department— (i) the number of visas that were issued; (ii) the number of persons who were admitted into the United States; (iii) the number of persons who were otherwise granted legal status; (iv) the number of visas that expired, were revoked, or were otherwise terminated, respectively; (v) the number of temporary foreign nonimmigrant workers employed in each State; (vi) the 10 employers that hired the most temporary foreign nonimmigrant workers; (vii) the 10 occupations, listed by Standard Occupational Classification Code, in which the largest number of temporary foreign nonimmigrant workers are employed in the United States, and the average hourly and yearly salary paid to temporary foreign nonimmigrant workers in each such occupation; (viii) the 10 most common nationalities of temporary foreign nonimmigrant workers; (ix) the 10 third party intermediaries that recruited or hired the most temporary foreign nonimmigrant workers; (x) the percentage of temporary foreign nonimmigrant workers at each major education level; (xi) the percentage of temporary foreign nonimmigrant workers who are younger than 20 years of age, between 20 and 24 years of age, between 25 and 29 years of age, between 30 and 34 years of age, between 35 and 39 years of age, between 40 and 44 years of age, between 45 and 49 years of age, between 50 and 54 years of age, between 55 and 59 years of age, between 60 and 64 years of age, or older than 65 years of age, respectively; (xii) the percentage of temporary foreign nonimmigrant workers of each sex who were issued visas; and (xiii) the source of the data described in clauses (i) through (xii).. 4. Database (a) In general (1) Availability of information At the time the Secretary of Homeland Security submits each annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, with respect to each temporary foreign nonimmigrant worker, the Secretary shall make the information described in subsection (b) (except for information regarding visas issued for the purpose of victim or witness protection) that is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such department, or by any successor agency to any such department on a dedicated and searchable database. (2) Sources; redundancies The database established pursuant to paragraph (1) shall— (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency— (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. (b) Required information (1) Biographical information The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker— (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. (2) Visa information The information made available in the database established pursuant to subsection (a) shall include, for each visa requested by a temporary foreign nonimmigrant worker— (A) the visa classification or status that was requested, including— (i) any applicable subclassification, preference, or program associated with the visa classification or status; and (ii) if applicable, any section cited from the Code of Federal Regulations, Foreign Affairs Manual, or any other Federal guidance document that corresponds to such subclassification, preference, or program; (B) whether the request is for a new visa or an extension of an existing visa or status; (C) the status of the visa, such as issued, expired, revoked, or terminated; (D) whether the visa was issued pursuant to a blanket petition; and (E) whether the visa or status was issued at a port of entry and, if so, the port of entry where it was issued. (3) Employment information The information made available in the database established pursuant to subsection (a) shall include— (A) for each offer of employment in the United States— (i) the temporary foreign nonimmigrant worker’s occupation and the standard occupational classification code for the occupation, or any other occupational code listed; (ii) the wages, salary, and any other compensation to be paid to the temporary foreign nonimmigrant worker; (iii) the address where the temporary foreign nonimmigrant worker will work, and any additional worksite addresses; (iv) the address where the temporary foreign nonimmigrant worker will reside during his or her employment; (v) whether the temporary foreign nonimmigrant worker will be assigned to work at an offsite location; and (vi) whether the temporary foreign nonimmigrant worker’s position is a full-time position; and (B) for each accepted offer of employment in the United States— (i) the dates on which the temporary foreign nonimmigrant worker began and ended employment; and (ii) the date on which the temporary foreign nonimmigrant worker entered the United States. (4) Employer information The information made available in the database established pursuant to subsection (a) shall include, for each employer of temporary foreign nonimmigrant workers— (A) the name and address of the employer; (B) if the employer is a household employer, the nationality of the employer; (C) whether the employer is an H–1B dependent employer (as defined in section 212(n)(3)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(3)(A) )); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. (5) Application information The information made available in the database established pursuant to subsection (a) shall include, for each application filed on behalf of a temporary foreign nonimmigrant worker— (A) the date on which the application was filed; (B) the status of such application, such as approved, rejected, denied, withdrawn, or awaiting final action; (C) whether the application was for the purpose of— (i) beginning new employment; (ii) continuing previously approved employment with the same employer without change; (iii) changing from previously approved employment; (iv) new concurrent employment; (v) changing of employer; (vi) amending a petition; (vii) requesting initial permission to accept employment; (viii) renewing permission to accept employment; or (ix) something not described in clauses (i) through (viii); (D) whether the application was a blanket petition; (E) the total number of temporary foreign nonimmigrant workers included in the application; (F) the application number; (G) whether the temporary foreign nonimmigrant worker is eligible for employment authorization based on pre-completion optional practical training, post-completion optional practical training, or STEM optional practical training; (H) if the temporary foreign nonimmigrant worker is eligible for employment authorization based on STEM optional practical training— (i) the worker’s degree; and (ii) the name of the worker’s employer; and (I) the name of the person or entity that filed a permanent status petition on the behalf of the temporary foreign nonimmigrant worker. (6) Third party intermediary information The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. (c) Recipient entities (1) In general The database established pursuant to subsection (a), including all personally identifiable information including in such database, shall be made available only to— (A) law enforcement agencies; (B) service providers to human trafficking victims; (C) worker protection organizations; or (D) entities agreeing to only use such information for bona fide research purposes. (2) Certification Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity— (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. (3) Privacy protection Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated— (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. (d) Rulemaking The Secretary of Homeland Security shall— (1) promulgate a rule that establishes— (A) procedures for requesting and accessing information contained in the database established pursuant to subsection (a), which access may not be limited to fewer than 5 years; and (B) security procedures for protecting such information, including rules relating to personnel security, physical security, and network security; and (2) promulgate regulations making the information described in subsection (a) available to the public in a searchable database format, except for— (A) any personally identifiable information, including— (i) worksite address, but shall include the State in which the worksite is located; and (ii) the names of any household employers; (B) any query that returns fewer than 10 workers; and (C) any information that, alone or in combination, would allow a reasonable person who does not have personal knowledge of the relevant circumstances, to identify a specific temporary foreign nonimmigrant worker with reasonable certainty. 5. Authority to modify forms The Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3. 6. Authority to immediately update fees Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act ) or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. 7. Information sharing The Secretary of State and the Secretary of Labor shall— (1) annually submit to the Secretary of Homeland Security, in a timely manner, any information collected or maintained by the Department of State or the Department of Labor that is required to be included in the annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3; and (2) provide any other related information to the Secretary of Homeland Security, upon request, that may be necessary to carry out the Secretary of Homeland Security’s responsibilities under this Act and the amendment made by section 3. 8. Exemption from Paperwork Reduction Act The requirements under chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ), shall not apply to any action to implement this Act or the amendments made by this Act. 9. Progressive implementation (a) Initial report Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. (b) Full report Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. 10. Continued reporting (a) In general Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (b) Savings provision None of the reporting requirements under this Act or the amendments made by this Act may be construed to replace— (1) any reporting requirements under any statute or regulation in effect on the date of the enactment of this Act; or (2) any reports or publicly available microdata published by any Federal agency pertaining to any nonimmigrant visa classification that authorizes employment.
21,680
117s3402is
117
s
3,402
is
To amend title 54, United States Code, and the Federal Lands Recreation Enhancement Act to prohibit medical discrimination relating to applications for commercial use authorizations and special recreation permits, and to clarify the status of the holders of commercial use authorizations and special recreation permits, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting Guides and Outfitters from Coronavirus Vaccine Mandates in the Great Outdoors Act.", "id": "S1", "header": "Short title" }, { "text": "2. National Park Service commercial use authorizations \nSection 101925(b) of title 54, United States Code, is amended by adding at the end the following: (3) Prohibition of medical discrimination \nThe Secretary shall not deny an application for a commercial use authorization under this section for any reason relating to the coronavirus vaccination status of an applicant or an employee of an applicant. (4) Status of holder of commercial use authorization \nA holder of a commercial use authorization issued under this section shall not be considered to be an employee, contractor, or subcontractor of the Federal Government..", "id": "idD41E99B826C04DDA8BC320F986438099", "header": "National Park Service commercial use authorizations" }, { "text": "3. Federal land management agency permitting \nSection 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ) is amended— (1) by striking The Secretary may and inserting the following: (1) In general \nThe Secretary may ; and (2) by adding at the end the following: (2) Prohibition of medical discrimination \nThe Secretary shall not deny an application for a special recreation permit under paragraph (1) for any reason relating to the coronavirus vaccination status of an applicant or an employee of an applicant. (3) Status of holder of special recreation permit \nA holder of a special recreation permit issued under paragraph (1) shall not be considered to be an employee, contractor, or subcontractor of the Federal Government..", "id": "id805C60F906E3458C8E67DE19874F8C01", "header": "Federal land management agency permitting" } ]
3
1. Short title This Act may be cited as the Protecting Guides and Outfitters from Coronavirus Vaccine Mandates in the Great Outdoors Act. 2. National Park Service commercial use authorizations Section 101925(b) of title 54, United States Code, is amended by adding at the end the following: (3) Prohibition of medical discrimination The Secretary shall not deny an application for a commercial use authorization under this section for any reason relating to the coronavirus vaccination status of an applicant or an employee of an applicant. (4) Status of holder of commercial use authorization A holder of a commercial use authorization issued under this section shall not be considered to be an employee, contractor, or subcontractor of the Federal Government.. 3. Federal land management agency permitting Section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ) is amended— (1) by striking The Secretary may and inserting the following: (1) In general The Secretary may ; and (2) by adding at the end the following: (2) Prohibition of medical discrimination The Secretary shall not deny an application for a special recreation permit under paragraph (1) for any reason relating to the coronavirus vaccination status of an applicant or an employee of an applicant. (3) Status of holder of special recreation permit A holder of a special recreation permit issued under paragraph (1) shall not be considered to be an employee, contractor, or subcontractor of the Federal Government..
1,519
117s2011is
117
s
2,011
is
To award a Congressional Gold Medal to honor the contributions of all of those whose efforts led to the successful development of life saving vaccines to combat the novel coronavirus.
[ { "text": "1. Short title \nThis Act may be cited as the COVID–19 Vaccine Developers Gold Medal Act.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Researchers, scientists, doctors, epidemiologists, and others around the world have worked tirelessly and collaboratively to develop lifesaving vaccines to combat the coronavirus by reducing the likelihood of transmission, building immune resiliency, avoiding hospitalizations, and reducing the likelihood of death. (2) Through the academic, research and analytic expertise of universities and their faculty, researchers, and students, their efforts contributed to providing valuable information to the public on the severity of the coronavirus worldwide and, in some cases, contributed to vaccine development. (3) Several of the resulting vaccines represent historic breakthroughs in biopharmaceutical technology, which are predicated on years of leading research conducted in laboratories and hospitals that benefit from the significant financial investment of United States taxpayers through the Department of Health and Human Services, the National Institutes of Health, including the National Institute of Allergy and Infectious Diseases, and the Biomedical Advanced Research and Development Authority. (4) These professionals worked under record timelines to develop safe, effective vaccines demonstrated in trials and granted emergency use authorization by the Food and Drug Administration, outpacing the typical vaccine development timeframe of 5 to 10 years and beating the previous record by 3 years. (5) These remarkable achievements in medical science will have positive implications for future vaccine development, helping to combat new viruses, leading to improvements in health and well-being. (6) The tremendous efforts in vaccine development can be celebrated and attributed to building diverse teams, including the notable efforts of many individuals across the planet. (7) Vaccines authorized for emergency use in the United States benefitted greatly from global cooperation, strategic partnerships, and collaboration with publicly funded agencies and research capabilities of the academic community. (8) As a result of the collaborative efforts, people around the world are benefitting from the administration of vaccines, although work remains to support governments around the world in ensuring vaccines are equitably distributed. (9) The United States, including through cooperation with bilateral and multilateral partnerships, can help scale up manufacturing and distribution to all corners of the globe. (10) The vaccines developed are contributing to the safety of people of the United States, rebuilding the United States economy, and the reunion of families.", "id": "idcf5264799f4641fc9083efc5377923a8", "header": "Findings" }, { "text": "3. Congressional gold medals \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a single gold medal of appropriate design in recognition of all those whose efforts led to the successful development of vaccines that received emergency use authorizations to respond to the coronavirus. (b) Design and striking \nFor the purpose of the awards under subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal described in that subsection with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian institution \n(1) In general \nAfter the award of the gold medal under subsection (a), the medal shall be given to the Smithsonian Institution where the medal shall be— (A) available for display, as appropriate; and (B) made available for research. (2) Sense of congress \nIt is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for— (A) the purpose of education, research, and the encouragement of science, technology, engineering, and math professions through the Smithsonian Science Education Center; and (B) on display at a physical Smithsonian museum or on loan, as appropriate, so that the medal may be displayed elsewhere.", "id": "id933c766faf5f405289644a212ce539b1", "header": "Congressional gold medals" }, { "text": "4. Duplicate medals \nUnder regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 at a price sufficient to cover the cost of the medals, including labor, materials, dies, use of machinery, and overhead expenses.", "id": "id4c3a6ae40fd644c6a29edde272894a2b", "header": "Duplicate medals" }, { "text": "5. Status of medals \n(a) National medals \nThe medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "idbf5a49d44b634110b4182be80c7fb651", "header": "Status of medals" }, { "text": "6. Authority to use fund amounts; proceeds of sale \n(a) Authority to use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such sums as may be necessary to pay for the costs of the medal authorized under section 3. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited in the United States Mint Public Enterprise Fund.", "id": "id5948f5e21d7d472c86fe6f4d25fa01a5", "header": "Authority to use fund amounts; proceeds of sale" } ]
6
1. Short title This Act may be cited as the COVID–19 Vaccine Developers Gold Medal Act. 2. Findings Congress finds the following: (1) Researchers, scientists, doctors, epidemiologists, and others around the world have worked tirelessly and collaboratively to develop lifesaving vaccines to combat the coronavirus by reducing the likelihood of transmission, building immune resiliency, avoiding hospitalizations, and reducing the likelihood of death. (2) Through the academic, research and analytic expertise of universities and their faculty, researchers, and students, their efforts contributed to providing valuable information to the public on the severity of the coronavirus worldwide and, in some cases, contributed to vaccine development. (3) Several of the resulting vaccines represent historic breakthroughs in biopharmaceutical technology, which are predicated on years of leading research conducted in laboratories and hospitals that benefit from the significant financial investment of United States taxpayers through the Department of Health and Human Services, the National Institutes of Health, including the National Institute of Allergy and Infectious Diseases, and the Biomedical Advanced Research and Development Authority. (4) These professionals worked under record timelines to develop safe, effective vaccines demonstrated in trials and granted emergency use authorization by the Food and Drug Administration, outpacing the typical vaccine development timeframe of 5 to 10 years and beating the previous record by 3 years. (5) These remarkable achievements in medical science will have positive implications for future vaccine development, helping to combat new viruses, leading to improvements in health and well-being. (6) The tremendous efforts in vaccine development can be celebrated and attributed to building diverse teams, including the notable efforts of many individuals across the planet. (7) Vaccines authorized for emergency use in the United States benefitted greatly from global cooperation, strategic partnerships, and collaboration with publicly funded agencies and research capabilities of the academic community. (8) As a result of the collaborative efforts, people around the world are benefitting from the administration of vaccines, although work remains to support governments around the world in ensuring vaccines are equitably distributed. (9) The United States, including through cooperation with bilateral and multilateral partnerships, can help scale up manufacturing and distribution to all corners of the globe. (10) The vaccines developed are contributing to the safety of people of the United States, rebuilding the United States economy, and the reunion of families. 3. Congressional gold medals (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a single gold medal of appropriate design in recognition of all those whose efforts led to the successful development of vaccines that received emergency use authorizations to respond to the coronavirus. (b) Design and striking For the purpose of the awards under subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal described in that subsection with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian institution (1) In general After the award of the gold medal under subsection (a), the medal shall be given to the Smithsonian Institution where the medal shall be— (A) available for display, as appropriate; and (B) made available for research. (2) Sense of congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for— (A) the purpose of education, research, and the encouragement of science, technology, engineering, and math professions through the Smithsonian Science Education Center; and (B) on display at a physical Smithsonian museum or on loan, as appropriate, so that the medal may be displayed elsewhere. 4. Duplicate medals Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 at a price sufficient to cover the cost of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority to use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such sums as may be necessary to pay for the costs of the medal authorized under section 3. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited in the United States Mint Public Enterprise Fund.
5,232
117s2330is
117
s
2,330
is
To amend the Rural Electrification Act of 1936 to clarify certain matters relating to State funding, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Assisting Broadband Connectivity Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. State funding under Rural Utilities Service programs \n(a) Eligibility of projects that receive State funding \nTitle VII of the Rural Electrification Act of 1936 ( 7 U.S.C. 950cc et seq. ) is amended by adding at the end the following: 704. Eligibility of projects that receive State funding \nIn administering any broadband or telecommunications program, the Secretary, acting through the Administrator of the Rural Utilities Service, shall not determine that a project is ineligible for funding because the project has received funding from a State.. (b) State funds To satisfy matching requirements \nFor purposes of any matching funds requirement under any program administered by the Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service, an applicant for funding under that program may use funds received from a State program (including funds received by a State from the Federal Government) to satisfy the matching funds requirement.", "id": "id575379CC71C146E09236CC2F25F8AC90", "header": "State funding under Rural Utilities Service programs" }, { "text": "704. Eligibility of projects that receive State funding \nIn administering any broadband or telecommunications program, the Secretary, acting through the Administrator of the Rural Utilities Service, shall not determine that a project is ineligible for funding because the project has received funding from a State.", "id": "id30C9798E0209426BBAC2194F0FCC2180", "header": "Eligibility of projects that receive State funding" } ]
3
1. Short title This Act may be cited as the Assisting Broadband Connectivity Act of 2021. 2. State funding under Rural Utilities Service programs (a) Eligibility of projects that receive State funding Title VII of the Rural Electrification Act of 1936 ( 7 U.S.C. 950cc et seq. ) is amended by adding at the end the following: 704. Eligibility of projects that receive State funding In administering any broadband or telecommunications program, the Secretary, acting through the Administrator of the Rural Utilities Service, shall not determine that a project is ineligible for funding because the project has received funding from a State.. (b) State funds To satisfy matching requirements For purposes of any matching funds requirement under any program administered by the Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service, an applicant for funding under that program may use funds received from a State program (including funds received by a State from the Federal Government) to satisfy the matching funds requirement. 704. Eligibility of projects that receive State funding In administering any broadband or telecommunications program, the Secretary, acting through the Administrator of the Rural Utilities Service, shall not determine that a project is ineligible for funding because the project has received funding from a State.
1,382
117s4508is
117
s
4,508
is
To amend the Internal Revenue Code of 1986 to establish a free on-line tax preparation and filing service and programs that allow taxpayers to access third-party provided tax return information and information held by the Internal Revenue Service.
[ { "text": "1. Short title \nThis Act may be cited as the Tax Filing Simplification Act of 2022.", "id": "HB377E7651F904EDAA41681D96771F5E4", "header": "Short title" }, { "text": "2. Prohibition on agreements restricting Government tax preparation and filing services \nThe Secretary of the Treasury, or the Secretary's delegate, may not enter into any agreement after the date of the enactment of this Act which restricts the Secretary's legal right to provide tax return preparation services or software or to provide tax return filing services.", "id": "id59979999A5D24C328B08F110FB5FE105", "header": "Prohibition on agreements restricting Government tax preparation and filing services" }, { "text": "3. Government-assisted tax preparation and filing services \n(a) In general \nChapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7531. Government-assisted tax-return preparation programs \n(a) Establishment of programs \nThe Secretary shall establish and operate the following programs: (1) Simplified tax benefits portal for non-filers \nNot later than March 1, 2023, a program through which any eligible taxpayer (as defined in subsection (b)(1)) can claim any credit allowed under subpart C of part IV of subchapter A of chapter 1 (including the earned income tax credit under section 32 and the portion of the child tax credit allowed under section 24(d)) for the taxable year without being required to report any additional income data to the Internal Revenue Service. (2) Online tax preparation and filing software \nNot later than January 31, 2024, software for the preparation and filing of individual income tax returns for taxable years beginning after 2022. (3) Taxpayer data access \nNot later than March 1, 2024, a program under which taxpayers may download third-party provided return information and IRS-held information relating to individual income tax returns for taxable years beginning after 2022. (4) Expedited tax filing \nNot later than March 1, 2024, a program under which eligible individuals (as defined in subsection (e)(1)) may elect to have income tax returns for taxable years beginning after 2022 prepared by the Secretary. (b) Simplified tax benefits portal for non-Filers \n(1) Eligible taxpayer \n(A) In general \nFor purposes of subsection (a)(1), the term eligible taxpayer means a taxpayer who is not required to file a return of tax for the taxable year. (B) Expansion to include populations other than non-filers \nAt the discretion of the Secretary, with respect to any taxable year beginning after 2023, the term eligible taxpayer may include taxpayers who are required to file a return of tax for the taxable year. (2) Requirements \n(A) In general \nThe program described in subsection (a)(1) shall— (i) request no information other than that which— (I) is strictly required for purposes of determining the amount of any credit described in subsection (a)(1), and (II) is not already contained in the records of the Internal Revenue Service or to which the Internal Revenue Service does not have access, (ii) be user-tested, (iii) use plain language and be made available in all languages for which translations are provided on the public website of the Internal Revenue Service, (iv) be accessible on mobile devices, (v) conform to all guidelines under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), (vi) be available for use by taxpayers throughout the calendar year, (vii) be displayed in a prominent position on the website of the Internal Revenue Service, (viii) be advertised through direct mailings, and (ix) provide real-time feedback to taxpayers using the program and, in the case of a claim for any credit described in subsection (a)(1) which is not allowed to the taxpayer, provide additional information to the taxpayer on subsequent actions with respect to such claim. (B) Exception \nSubparagraph (A)(i) shall not apply with respect to any information relating to demographic characteristics which— (i) is collected by the Internal Revenue Service for the purposes of improving equity, and (ii) is not required to be submitted by the taxpayer for purposes of using the program described in subsection (a)(1). (3) Determination of credit amount \n(A) In general \nFor purposes of determining the amount of any credit described in subsection (a)(1), the Secretary shall determine such amount based on— (i) any information which the taxpayer elects to provide through the program described in such subsection, and (ii) any information available to the Internal Revenue Service at the time that the taxpayer is claiming such credit through the program described in such subsection. (B) Subsequent third-party information \nIn the case of any third-party provided return information which is received by the Secretary after any determination made under subparagraph (A) with respect to a taxpayer, if such information would have resulted in an increase in the amount of any credit described in subsection (a)(1) had it been included in the prior determination made under such subparagraph, the Secretary may make a payment to the taxpayer in an amount equal to the difference between— (i) the amount determined under subparagraph (A) with respect to such credit prior to receipt of such information, and (ii) the amount that would have otherwise been determined under subparagraph (A) if such subparagraph had been applied subsequent to the receipt of such information. (c) Requirements for online tax preparation and filing software \nThe software described in subsection (a)(2) shall— (1) satisfy the requirements described in subsection (b)(2), except that, for purposes of subparagraph (A)(i)(I) of such subsection, such subparagraph shall be applied by substituting the preparation and filing of an individual income tax return for determining the amount of any credit described in subsection (a)(1) , and (2) be compatible with the program described in subsection (a)(1) so as to permit a taxpayer to— (A) submit any required information once for use by both programs, and (B) based on such information, be directed to the appropriate program. (d) Requirements for Taxpayer Data Access Program \nReturn information under the program established under subsection (a)(3) shall be made available— (1) for any calendar year beginning after December 31, 2024, not later than 15 days after the Secretary receives such information, and (2) through a secure function that allows a taxpayer to download such information from the website of the Internal Revenue Service in both a printable document file and in a computer-readable form suitable for use by automated tax preparation software. (e) Expedited tax filing \n(1) Eligible individual \nFor purposes of the program established under subsection (a)(4)— (A) In general \nExcept as provided in subparagraphs (B) and (C), the term eligible individual means, with respect to any taxable year, any individual who— (i) elects to participate in the program established under subsection (a)(4), (ii) does not claim any deduction allowed under section 62 for purposes of determining adjusted gross income, (iii) claims the standard deduction under section 63, (iv) does not file schedule C, and (v) has no income other than income from— (I) wages (as defined in section 3401), (II) interest, or (III) dividends. (B) Limitation on eligibility for tax year 2023 \nWith respect to any taxable year beginning in 2023, the term eligible individual shall only include such populations of individuals described in subparagraph (A) as is determined by the Secretary. (C) Expansion of eligibility after tax year 2023 \n(i) In general \nAt the discretion of the Secretary, with respect to any taxable year beginning after 2023, the term eligible individual may include populations of individuals who would not otherwise satisfy the requirements established under subparagraph (A). (ii) Report \nNot later than August 31, 2025, the Secretary shall submit a report to Congress that contains recommendations for such legislative or administrative actions as the Secretary determines necessary with respect to expanding the populations of individuals that may qualify as eligible individuals for purposes of the program established under subsection (a)(4). (2) Return must be filed by individual \nNo return prepared under the program established under subsection (a)(4) shall be treated as filed before the date such return is submitted by the taxpayer as provided under the rules of section 6011. (3) Interaction with software \nNot later than March 1, 2024, the Secretary shall provide for interaction between the software described in subsection (a)(2) and the program established under subsection (a)(4) such that an individual may elect to have their income tax return partially prepared by the Secretary pursuant to such subsection (based on such information as is available to the Secretary) and made available through the software described in subsection (a)(2) for the individual to complete and file. (f) Verification of identity \n(1) In general \nAn individual shall not participate in any program described in subsection (a) or access any information under such a program unless such individual has verified their identity to the satisfaction of the Secretary. (2) Accessibility \nFor purposes of verifying the identity of any individual seeking to participate in any program described in subsection (a) or to access any information under any such program, the Secretary shall ensure that— (A) any verification procedures are accessible to a significant majority of taxpayers, and (B) for any taxpayer who cannot access or use such verification procedures, a secondary verification procedure (or multiple secondary verification procedures) that is accessible by such taxpayer, including in-person verification procedures. (3) Online verification \nNot later than 3 years after the date of enactment of this section, the Secretary shall ensure that any verification procedures established under this section are able to be used successfully by— (A) 70 percent of households in the United States, and (B) 80 percent of taxpayers who are eligible to claim the earned income tax credit under section 32. (4) Study and report \nNot later than 3 years after the date of enactment of this section, and annually thereafter, the Secretary shall conduct a study and make publicly available a report on the verification pass rates by taxpayers under this section, with such information to be disaggregated by income levels and subpopulation groups, including disadvantaged populations such as— (A) individuals without access to desktop or laptop computers, (B) individuals without internet service at home, (C) individuals without credit histories, (D) individuals experiencing homelessness, and (E) individuals with limited English proficiency. (g) Other definitions \nFor purposes of this section— (1) IRS-held information \nThe term IRS-held information means— (A) any information relating to payments made to a taxpayer with respect to any credit allowed under subpart C of part IV of subchapter A of chapter 1, and (B) any other information, as identified and determined appropriate by the Secretary for the purposes of this section, which— (i) is contained in the records of the Internal Revenue Service or to which the Internal Revenue Service has access, and (ii) is not third-party provided return information. (2) Third-party provided return information \nThe term third-party provided return information means— (A) information reported to the Secretary through an information return (as defined in section 6724(d)(1)), (B) information reported to the Secretary pursuant to section 232 of the Social Security Act, and (C) such other information reported to the Secretary as is determined appropriate by the Secretary for purposes of— (i) the program established under subsection (a)(2), and (ii) any determination described in subsection (b)(3)(B). (h) Taxpayer responsibility \nNothing in this section shall be construed to absolve the taxpayer from full responsibility for the accuracy or completeness of their return of tax. (i) Prohibition on fees \nNo fee may be imposed on any taxpayer who participates in any program established under subsection (a). (j) Information provided for wage and self-employment income \nFor purposes of subsection (a)(3), in the case of information relating to wages paid for any calendar year after 2022 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act ( 42 U.S.C. 405(c)(2)(A) ), the Commissioner shall make such information available to the Secretary not later than the February 15 of the calendar year following the calendar year to which such wages and self-employment income relate. (k) Outreach campaign \n(1) In general \nThe Secretary, in coordination with local community-based organizations, shall conduct an outreach campaign to— (A) provide information to the public regarding the programs and software described in subsection (a), and (B) enroll individuals in the programs described in such subsection. (2) Methods \nWith respect to the outreach campaign described in paragraph (1), the Secretary shall— (A) provide relevant information on the public website of the Internal Revenue Service, and (B) send direct mailings to individuals who have been identified as not having filed a return of tax for the taxable year. (l) State income tax returns \nSubject to any applicable requirements under section 6103, the Secretary shall establish intergovernmental cooperative agreements with State and local governments to exchange taxpayer return information which is provided, imputed, calculated, or used to make calculations under the programs described in subsection (a) for purposes of the administration of State and local tax laws and the preparation of State income tax returns.. (b) Filing deadline for information returns \nSection 6071(b) of such Code is amended to read as follows: (b) Information returns \nReturns made under part III of this chapter shall be filed on or before January 31 of the year following the calendar year to which such returns relate. Section 6081 shall not apply to returns under such part III.. (c) Conforming amendment to Social Security Act \nSection 205(c)(2)(A) of the Social Security Act ( 42 U.S.C. 405(c)(2)(A) ) is amended by adding at the end the following new sentence: For purposes of the preceding sentence, the Commissioner shall require that information relating to wages paid be provided to the Secretary of the Treasury not later than February 15 of the year following the calendar year to which such wages and self-employment income relate.. (d) Clerical amendment \nThe table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7531. Government-assisted tax-return preparation programs.. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out the amendments made by this section such sums as may be necessary for each of fiscal years 2022 through 2026. (f) Effective date \nThe amendments made by this section shall apply to returns for taxable years beginning after December 31, 2021.", "id": "HBF8CDACA7FE946A295FD24E41CD32278", "header": "Government-assisted tax preparation and filing services" }, { "text": "7531. Government-assisted tax-return preparation programs \n(a) Establishment of programs \nThe Secretary shall establish and operate the following programs: (1) Simplified tax benefits portal for non-filers \nNot later than March 1, 2023, a program through which any eligible taxpayer (as defined in subsection (b)(1)) can claim any credit allowed under subpart C of part IV of subchapter A of chapter 1 (including the earned income tax credit under section 32 and the portion of the child tax credit allowed under section 24(d)) for the taxable year without being required to report any additional income data to the Internal Revenue Service. (2) Online tax preparation and filing software \nNot later than January 31, 2024, software for the preparation and filing of individual income tax returns for taxable years beginning after 2022. (3) Taxpayer data access \nNot later than March 1, 2024, a program under which taxpayers may download third-party provided return information and IRS-held information relating to individual income tax returns for taxable years beginning after 2022. (4) Expedited tax filing \nNot later than March 1, 2024, a program under which eligible individuals (as defined in subsection (e)(1)) may elect to have income tax returns for taxable years beginning after 2022 prepared by the Secretary. (b) Simplified tax benefits portal for non-Filers \n(1) Eligible taxpayer \n(A) In general \nFor purposes of subsection (a)(1), the term eligible taxpayer means a taxpayer who is not required to file a return of tax for the taxable year. (B) Expansion to include populations other than non-filers \nAt the discretion of the Secretary, with respect to any taxable year beginning after 2023, the term eligible taxpayer may include taxpayers who are required to file a return of tax for the taxable year. (2) Requirements \n(A) In general \nThe program described in subsection (a)(1) shall— (i) request no information other than that which— (I) is strictly required for purposes of determining the amount of any credit described in subsection (a)(1), and (II) is not already contained in the records of the Internal Revenue Service or to which the Internal Revenue Service does not have access, (ii) be user-tested, (iii) use plain language and be made available in all languages for which translations are provided on the public website of the Internal Revenue Service, (iv) be accessible on mobile devices, (v) conform to all guidelines under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), (vi) be available for use by taxpayers throughout the calendar year, (vii) be displayed in a prominent position on the website of the Internal Revenue Service, (viii) be advertised through direct mailings, and (ix) provide real-time feedback to taxpayers using the program and, in the case of a claim for any credit described in subsection (a)(1) which is not allowed to the taxpayer, provide additional information to the taxpayer on subsequent actions with respect to such claim. (B) Exception \nSubparagraph (A)(i) shall not apply with respect to any information relating to demographic characteristics which— (i) is collected by the Internal Revenue Service for the purposes of improving equity, and (ii) is not required to be submitted by the taxpayer for purposes of using the program described in subsection (a)(1). (3) Determination of credit amount \n(A) In general \nFor purposes of determining the amount of any credit described in subsection (a)(1), the Secretary shall determine such amount based on— (i) any information which the taxpayer elects to provide through the program described in such subsection, and (ii) any information available to the Internal Revenue Service at the time that the taxpayer is claiming such credit through the program described in such subsection. (B) Subsequent third-party information \nIn the case of any third-party provided return information which is received by the Secretary after any determination made under subparagraph (A) with respect to a taxpayer, if such information would have resulted in an increase in the amount of any credit described in subsection (a)(1) had it been included in the prior determination made under such subparagraph, the Secretary may make a payment to the taxpayer in an amount equal to the difference between— (i) the amount determined under subparagraph (A) with respect to such credit prior to receipt of such information, and (ii) the amount that would have otherwise been determined under subparagraph (A) if such subparagraph had been applied subsequent to the receipt of such information. (c) Requirements for online tax preparation and filing software \nThe software described in subsection (a)(2) shall— (1) satisfy the requirements described in subsection (b)(2), except that, for purposes of subparagraph (A)(i)(I) of such subsection, such subparagraph shall be applied by substituting the preparation and filing of an individual income tax return for determining the amount of any credit described in subsection (a)(1) , and (2) be compatible with the program described in subsection (a)(1) so as to permit a taxpayer to— (A) submit any required information once for use by both programs, and (B) based on such information, be directed to the appropriate program. (d) Requirements for Taxpayer Data Access Program \nReturn information under the program established under subsection (a)(3) shall be made available— (1) for any calendar year beginning after December 31, 2024, not later than 15 days after the Secretary receives such information, and (2) through a secure function that allows a taxpayer to download such information from the website of the Internal Revenue Service in both a printable document file and in a computer-readable form suitable for use by automated tax preparation software. (e) Expedited tax filing \n(1) Eligible individual \nFor purposes of the program established under subsection (a)(4)— (A) In general \nExcept as provided in subparagraphs (B) and (C), the term eligible individual means, with respect to any taxable year, any individual who— (i) elects to participate in the program established under subsection (a)(4), (ii) does not claim any deduction allowed under section 62 for purposes of determining adjusted gross income, (iii) claims the standard deduction under section 63, (iv) does not file schedule C, and (v) has no income other than income from— (I) wages (as defined in section 3401), (II) interest, or (III) dividends. (B) Limitation on eligibility for tax year 2023 \nWith respect to any taxable year beginning in 2023, the term eligible individual shall only include such populations of individuals described in subparagraph (A) as is determined by the Secretary. (C) Expansion of eligibility after tax year 2023 \n(i) In general \nAt the discretion of the Secretary, with respect to any taxable year beginning after 2023, the term eligible individual may include populations of individuals who would not otherwise satisfy the requirements established under subparagraph (A). (ii) Report \nNot later than August 31, 2025, the Secretary shall submit a report to Congress that contains recommendations for such legislative or administrative actions as the Secretary determines necessary with respect to expanding the populations of individuals that may qualify as eligible individuals for purposes of the program established under subsection (a)(4). (2) Return must be filed by individual \nNo return prepared under the program established under subsection (a)(4) shall be treated as filed before the date such return is submitted by the taxpayer as provided under the rules of section 6011. (3) Interaction with software \nNot later than March 1, 2024, the Secretary shall provide for interaction between the software described in subsection (a)(2) and the program established under subsection (a)(4) such that an individual may elect to have their income tax return partially prepared by the Secretary pursuant to such subsection (based on such information as is available to the Secretary) and made available through the software described in subsection (a)(2) for the individual to complete and file. (f) Verification of identity \n(1) In general \nAn individual shall not participate in any program described in subsection (a) or access any information under such a program unless such individual has verified their identity to the satisfaction of the Secretary. (2) Accessibility \nFor purposes of verifying the identity of any individual seeking to participate in any program described in subsection (a) or to access any information under any such program, the Secretary shall ensure that— (A) any verification procedures are accessible to a significant majority of taxpayers, and (B) for any taxpayer who cannot access or use such verification procedures, a secondary verification procedure (or multiple secondary verification procedures) that is accessible by such taxpayer, including in-person verification procedures. (3) Online verification \nNot later than 3 years after the date of enactment of this section, the Secretary shall ensure that any verification procedures established under this section are able to be used successfully by— (A) 70 percent of households in the United States, and (B) 80 percent of taxpayers who are eligible to claim the earned income tax credit under section 32. (4) Study and report \nNot later than 3 years after the date of enactment of this section, and annually thereafter, the Secretary shall conduct a study and make publicly available a report on the verification pass rates by taxpayers under this section, with such information to be disaggregated by income levels and subpopulation groups, including disadvantaged populations such as— (A) individuals without access to desktop or laptop computers, (B) individuals without internet service at home, (C) individuals without credit histories, (D) individuals experiencing homelessness, and (E) individuals with limited English proficiency. (g) Other definitions \nFor purposes of this section— (1) IRS-held information \nThe term IRS-held information means— (A) any information relating to payments made to a taxpayer with respect to any credit allowed under subpart C of part IV of subchapter A of chapter 1, and (B) any other information, as identified and determined appropriate by the Secretary for the purposes of this section, which— (i) is contained in the records of the Internal Revenue Service or to which the Internal Revenue Service has access, and (ii) is not third-party provided return information. (2) Third-party provided return information \nThe term third-party provided return information means— (A) information reported to the Secretary through an information return (as defined in section 6724(d)(1)), (B) information reported to the Secretary pursuant to section 232 of the Social Security Act, and (C) such other information reported to the Secretary as is determined appropriate by the Secretary for purposes of— (i) the program established under subsection (a)(2), and (ii) any determination described in subsection (b)(3)(B). (h) Taxpayer responsibility \nNothing in this section shall be construed to absolve the taxpayer from full responsibility for the accuracy or completeness of their return of tax. (i) Prohibition on fees \nNo fee may be imposed on any taxpayer who participates in any program established under subsection (a). (j) Information provided for wage and self-employment income \nFor purposes of subsection (a)(3), in the case of information relating to wages paid for any calendar year after 2022 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act ( 42 U.S.C. 405(c)(2)(A) ), the Commissioner shall make such information available to the Secretary not later than the February 15 of the calendar year following the calendar year to which such wages and self-employment income relate. (k) Outreach campaign \n(1) In general \nThe Secretary, in coordination with local community-based organizations, shall conduct an outreach campaign to— (A) provide information to the public regarding the programs and software described in subsection (a), and (B) enroll individuals in the programs described in such subsection. (2) Methods \nWith respect to the outreach campaign described in paragraph (1), the Secretary shall— (A) provide relevant information on the public website of the Internal Revenue Service, and (B) send direct mailings to individuals who have been identified as not having filed a return of tax for the taxable year. (l) State income tax returns \nSubject to any applicable requirements under section 6103, the Secretary shall establish intergovernmental cooperative agreements with State and local governments to exchange taxpayer return information which is provided, imputed, calculated, or used to make calculations under the programs described in subsection (a) for purposes of the administration of State and local tax laws and the preparation of State income tax returns.", "id": "H56BB5DFA5EE44AF58950879CD77144EE", "header": "Government-assisted tax-return preparation programs" } ]
4
1. Short title This Act may be cited as the Tax Filing Simplification Act of 2022. 2. Prohibition on agreements restricting Government tax preparation and filing services The Secretary of the Treasury, or the Secretary's delegate, may not enter into any agreement after the date of the enactment of this Act which restricts the Secretary's legal right to provide tax return preparation services or software or to provide tax return filing services. 3. Government-assisted tax preparation and filing services (a) In general Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7531. Government-assisted tax-return preparation programs (a) Establishment of programs The Secretary shall establish and operate the following programs: (1) Simplified tax benefits portal for non-filers Not later than March 1, 2023, a program through which any eligible taxpayer (as defined in subsection (b)(1)) can claim any credit allowed under subpart C of part IV of subchapter A of chapter 1 (including the earned income tax credit under section 32 and the portion of the child tax credit allowed under section 24(d)) for the taxable year without being required to report any additional income data to the Internal Revenue Service. (2) Online tax preparation and filing software Not later than January 31, 2024, software for the preparation and filing of individual income tax returns for taxable years beginning after 2022. (3) Taxpayer data access Not later than March 1, 2024, a program under which taxpayers may download third-party provided return information and IRS-held information relating to individual income tax returns for taxable years beginning after 2022. (4) Expedited tax filing Not later than March 1, 2024, a program under which eligible individuals (as defined in subsection (e)(1)) may elect to have income tax returns for taxable years beginning after 2022 prepared by the Secretary. (b) Simplified tax benefits portal for non-Filers (1) Eligible taxpayer (A) In general For purposes of subsection (a)(1), the term eligible taxpayer means a taxpayer who is not required to file a return of tax for the taxable year. (B) Expansion to include populations other than non-filers At the discretion of the Secretary, with respect to any taxable year beginning after 2023, the term eligible taxpayer may include taxpayers who are required to file a return of tax for the taxable year. (2) Requirements (A) In general The program described in subsection (a)(1) shall— (i) request no information other than that which— (I) is strictly required for purposes of determining the amount of any credit described in subsection (a)(1), and (II) is not already contained in the records of the Internal Revenue Service or to which the Internal Revenue Service does not have access, (ii) be user-tested, (iii) use plain language and be made available in all languages for which translations are provided on the public website of the Internal Revenue Service, (iv) be accessible on mobile devices, (v) conform to all guidelines under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), (vi) be available for use by taxpayers throughout the calendar year, (vii) be displayed in a prominent position on the website of the Internal Revenue Service, (viii) be advertised through direct mailings, and (ix) provide real-time feedback to taxpayers using the program and, in the case of a claim for any credit described in subsection (a)(1) which is not allowed to the taxpayer, provide additional information to the taxpayer on subsequent actions with respect to such claim. (B) Exception Subparagraph (A)(i) shall not apply with respect to any information relating to demographic characteristics which— (i) is collected by the Internal Revenue Service for the purposes of improving equity, and (ii) is not required to be submitted by the taxpayer for purposes of using the program described in subsection (a)(1). (3) Determination of credit amount (A) In general For purposes of determining the amount of any credit described in subsection (a)(1), the Secretary shall determine such amount based on— (i) any information which the taxpayer elects to provide through the program described in such subsection, and (ii) any information available to the Internal Revenue Service at the time that the taxpayer is claiming such credit through the program described in such subsection. (B) Subsequent third-party information In the case of any third-party provided return information which is received by the Secretary after any determination made under subparagraph (A) with respect to a taxpayer, if such information would have resulted in an increase in the amount of any credit described in subsection (a)(1) had it been included in the prior determination made under such subparagraph, the Secretary may make a payment to the taxpayer in an amount equal to the difference between— (i) the amount determined under subparagraph (A) with respect to such credit prior to receipt of such information, and (ii) the amount that would have otherwise been determined under subparagraph (A) if such subparagraph had been applied subsequent to the receipt of such information. (c) Requirements for online tax preparation and filing software The software described in subsection (a)(2) shall— (1) satisfy the requirements described in subsection (b)(2), except that, for purposes of subparagraph (A)(i)(I) of such subsection, such subparagraph shall be applied by substituting the preparation and filing of an individual income tax return for determining the amount of any credit described in subsection (a)(1) , and (2) be compatible with the program described in subsection (a)(1) so as to permit a taxpayer to— (A) submit any required information once for use by both programs, and (B) based on such information, be directed to the appropriate program. (d) Requirements for Taxpayer Data Access Program Return information under the program established under subsection (a)(3) shall be made available— (1) for any calendar year beginning after December 31, 2024, not later than 15 days after the Secretary receives such information, and (2) through a secure function that allows a taxpayer to download such information from the website of the Internal Revenue Service in both a printable document file and in a computer-readable form suitable for use by automated tax preparation software. (e) Expedited tax filing (1) Eligible individual For purposes of the program established under subsection (a)(4)— (A) In general Except as provided in subparagraphs (B) and (C), the term eligible individual means, with respect to any taxable year, any individual who— (i) elects to participate in the program established under subsection (a)(4), (ii) does not claim any deduction allowed under section 62 for purposes of determining adjusted gross income, (iii) claims the standard deduction under section 63, (iv) does not file schedule C, and (v) has no income other than income from— (I) wages (as defined in section 3401), (II) interest, or (III) dividends. (B) Limitation on eligibility for tax year 2023 With respect to any taxable year beginning in 2023, the term eligible individual shall only include such populations of individuals described in subparagraph (A) as is determined by the Secretary. (C) Expansion of eligibility after tax year 2023 (i) In general At the discretion of the Secretary, with respect to any taxable year beginning after 2023, the term eligible individual may include populations of individuals who would not otherwise satisfy the requirements established under subparagraph (A). (ii) Report Not later than August 31, 2025, the Secretary shall submit a report to Congress that contains recommendations for such legislative or administrative actions as the Secretary determines necessary with respect to expanding the populations of individuals that may qualify as eligible individuals for purposes of the program established under subsection (a)(4). (2) Return must be filed by individual No return prepared under the program established under subsection (a)(4) shall be treated as filed before the date such return is submitted by the taxpayer as provided under the rules of section 6011. (3) Interaction with software Not later than March 1, 2024, the Secretary shall provide for interaction between the software described in subsection (a)(2) and the program established under subsection (a)(4) such that an individual may elect to have their income tax return partially prepared by the Secretary pursuant to such subsection (based on such information as is available to the Secretary) and made available through the software described in subsection (a)(2) for the individual to complete and file. (f) Verification of identity (1) In general An individual shall not participate in any program described in subsection (a) or access any information under such a program unless such individual has verified their identity to the satisfaction of the Secretary. (2) Accessibility For purposes of verifying the identity of any individual seeking to participate in any program described in subsection (a) or to access any information under any such program, the Secretary shall ensure that— (A) any verification procedures are accessible to a significant majority of taxpayers, and (B) for any taxpayer who cannot access or use such verification procedures, a secondary verification procedure (or multiple secondary verification procedures) that is accessible by such taxpayer, including in-person verification procedures. (3) Online verification Not later than 3 years after the date of enactment of this section, the Secretary shall ensure that any verification procedures established under this section are able to be used successfully by— (A) 70 percent of households in the United States, and (B) 80 percent of taxpayers who are eligible to claim the earned income tax credit under section 32. (4) Study and report Not later than 3 years after the date of enactment of this section, and annually thereafter, the Secretary shall conduct a study and make publicly available a report on the verification pass rates by taxpayers under this section, with such information to be disaggregated by income levels and subpopulation groups, including disadvantaged populations such as— (A) individuals without access to desktop or laptop computers, (B) individuals without internet service at home, (C) individuals without credit histories, (D) individuals experiencing homelessness, and (E) individuals with limited English proficiency. (g) Other definitions For purposes of this section— (1) IRS-held information The term IRS-held information means— (A) any information relating to payments made to a taxpayer with respect to any credit allowed under subpart C of part IV of subchapter A of chapter 1, and (B) any other information, as identified and determined appropriate by the Secretary for the purposes of this section, which— (i) is contained in the records of the Internal Revenue Service or to which the Internal Revenue Service has access, and (ii) is not third-party provided return information. (2) Third-party provided return information The term third-party provided return information means— (A) information reported to the Secretary through an information return (as defined in section 6724(d)(1)), (B) information reported to the Secretary pursuant to section 232 of the Social Security Act, and (C) such other information reported to the Secretary as is determined appropriate by the Secretary for purposes of— (i) the program established under subsection (a)(2), and (ii) any determination described in subsection (b)(3)(B). (h) Taxpayer responsibility Nothing in this section shall be construed to absolve the taxpayer from full responsibility for the accuracy or completeness of their return of tax. (i) Prohibition on fees No fee may be imposed on any taxpayer who participates in any program established under subsection (a). (j) Information provided for wage and self-employment income For purposes of subsection (a)(3), in the case of information relating to wages paid for any calendar year after 2022 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act ( 42 U.S.C. 405(c)(2)(A) ), the Commissioner shall make such information available to the Secretary not later than the February 15 of the calendar year following the calendar year to which such wages and self-employment income relate. (k) Outreach campaign (1) In general The Secretary, in coordination with local community-based organizations, shall conduct an outreach campaign to— (A) provide information to the public regarding the programs and software described in subsection (a), and (B) enroll individuals in the programs described in such subsection. (2) Methods With respect to the outreach campaign described in paragraph (1), the Secretary shall— (A) provide relevant information on the public website of the Internal Revenue Service, and (B) send direct mailings to individuals who have been identified as not having filed a return of tax for the taxable year. (l) State income tax returns Subject to any applicable requirements under section 6103, the Secretary shall establish intergovernmental cooperative agreements with State and local governments to exchange taxpayer return information which is provided, imputed, calculated, or used to make calculations under the programs described in subsection (a) for purposes of the administration of State and local tax laws and the preparation of State income tax returns.. (b) Filing deadline for information returns Section 6071(b) of such Code is amended to read as follows: (b) Information returns Returns made under part III of this chapter shall be filed on or before January 31 of the year following the calendar year to which such returns relate. Section 6081 shall not apply to returns under such part III.. (c) Conforming amendment to Social Security Act Section 205(c)(2)(A) of the Social Security Act ( 42 U.S.C. 405(c)(2)(A) ) is amended by adding at the end the following new sentence: For purposes of the preceding sentence, the Commissioner shall require that information relating to wages paid be provided to the Secretary of the Treasury not later than February 15 of the year following the calendar year to which such wages and self-employment income relate.. (d) Clerical amendment The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7531. Government-assisted tax-return preparation programs.. (e) Authorization of appropriations There is authorized to be appropriated to carry out the amendments made by this section such sums as may be necessary for each of fiscal years 2022 through 2026. (f) Effective date The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2021. 7531. Government-assisted tax-return preparation programs (a) Establishment of programs The Secretary shall establish and operate the following programs: (1) Simplified tax benefits portal for non-filers Not later than March 1, 2023, a program through which any eligible taxpayer (as defined in subsection (b)(1)) can claim any credit allowed under subpart C of part IV of subchapter A of chapter 1 (including the earned income tax credit under section 32 and the portion of the child tax credit allowed under section 24(d)) for the taxable year without being required to report any additional income data to the Internal Revenue Service. (2) Online tax preparation and filing software Not later than January 31, 2024, software for the preparation and filing of individual income tax returns for taxable years beginning after 2022. (3) Taxpayer data access Not later than March 1, 2024, a program under which taxpayers may download third-party provided return information and IRS-held information relating to individual income tax returns for taxable years beginning after 2022. (4) Expedited tax filing Not later than March 1, 2024, a program under which eligible individuals (as defined in subsection (e)(1)) may elect to have income tax returns for taxable years beginning after 2022 prepared by the Secretary. (b) Simplified tax benefits portal for non-Filers (1) Eligible taxpayer (A) In general For purposes of subsection (a)(1), the term eligible taxpayer means a taxpayer who is not required to file a return of tax for the taxable year. (B) Expansion to include populations other than non-filers At the discretion of the Secretary, with respect to any taxable year beginning after 2023, the term eligible taxpayer may include taxpayers who are required to file a return of tax for the taxable year. (2) Requirements (A) In general The program described in subsection (a)(1) shall— (i) request no information other than that which— (I) is strictly required for purposes of determining the amount of any credit described in subsection (a)(1), and (II) is not already contained in the records of the Internal Revenue Service or to which the Internal Revenue Service does not have access, (ii) be user-tested, (iii) use plain language and be made available in all languages for which translations are provided on the public website of the Internal Revenue Service, (iv) be accessible on mobile devices, (v) conform to all guidelines under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), (vi) be available for use by taxpayers throughout the calendar year, (vii) be displayed in a prominent position on the website of the Internal Revenue Service, (viii) be advertised through direct mailings, and (ix) provide real-time feedback to taxpayers using the program and, in the case of a claim for any credit described in subsection (a)(1) which is not allowed to the taxpayer, provide additional information to the taxpayer on subsequent actions with respect to such claim. (B) Exception Subparagraph (A)(i) shall not apply with respect to any information relating to demographic characteristics which— (i) is collected by the Internal Revenue Service for the purposes of improving equity, and (ii) is not required to be submitted by the taxpayer for purposes of using the program described in subsection (a)(1). (3) Determination of credit amount (A) In general For purposes of determining the amount of any credit described in subsection (a)(1), the Secretary shall determine such amount based on— (i) any information which the taxpayer elects to provide through the program described in such subsection, and (ii) any information available to the Internal Revenue Service at the time that the taxpayer is claiming such credit through the program described in such subsection. (B) Subsequent third-party information In the case of any third-party provided return information which is received by the Secretary after any determination made under subparagraph (A) with respect to a taxpayer, if such information would have resulted in an increase in the amount of any credit described in subsection (a)(1) had it been included in the prior determination made under such subparagraph, the Secretary may make a payment to the taxpayer in an amount equal to the difference between— (i) the amount determined under subparagraph (A) with respect to such credit prior to receipt of such information, and (ii) the amount that would have otherwise been determined under subparagraph (A) if such subparagraph had been applied subsequent to the receipt of such information. (c) Requirements for online tax preparation and filing software The software described in subsection (a)(2) shall— (1) satisfy the requirements described in subsection (b)(2), except that, for purposes of subparagraph (A)(i)(I) of such subsection, such subparagraph shall be applied by substituting the preparation and filing of an individual income tax return for determining the amount of any credit described in subsection (a)(1) , and (2) be compatible with the program described in subsection (a)(1) so as to permit a taxpayer to— (A) submit any required information once for use by both programs, and (B) based on such information, be directed to the appropriate program. (d) Requirements for Taxpayer Data Access Program Return information under the program established under subsection (a)(3) shall be made available— (1) for any calendar year beginning after December 31, 2024, not later than 15 days after the Secretary receives such information, and (2) through a secure function that allows a taxpayer to download such information from the website of the Internal Revenue Service in both a printable document file and in a computer-readable form suitable for use by automated tax preparation software. (e) Expedited tax filing (1) Eligible individual For purposes of the program established under subsection (a)(4)— (A) In general Except as provided in subparagraphs (B) and (C), the term eligible individual means, with respect to any taxable year, any individual who— (i) elects to participate in the program established under subsection (a)(4), (ii) does not claim any deduction allowed under section 62 for purposes of determining adjusted gross income, (iii) claims the standard deduction under section 63, (iv) does not file schedule C, and (v) has no income other than income from— (I) wages (as defined in section 3401), (II) interest, or (III) dividends. (B) Limitation on eligibility for tax year 2023 With respect to any taxable year beginning in 2023, the term eligible individual shall only include such populations of individuals described in subparagraph (A) as is determined by the Secretary. (C) Expansion of eligibility after tax year 2023 (i) In general At the discretion of the Secretary, with respect to any taxable year beginning after 2023, the term eligible individual may include populations of individuals who would not otherwise satisfy the requirements established under subparagraph (A). (ii) Report Not later than August 31, 2025, the Secretary shall submit a report to Congress that contains recommendations for such legislative or administrative actions as the Secretary determines necessary with respect to expanding the populations of individuals that may qualify as eligible individuals for purposes of the program established under subsection (a)(4). (2) Return must be filed by individual No return prepared under the program established under subsection (a)(4) shall be treated as filed before the date such return is submitted by the taxpayer as provided under the rules of section 6011. (3) Interaction with software Not later than March 1, 2024, the Secretary shall provide for interaction between the software described in subsection (a)(2) and the program established under subsection (a)(4) such that an individual may elect to have their income tax return partially prepared by the Secretary pursuant to such subsection (based on such information as is available to the Secretary) and made available through the software described in subsection (a)(2) for the individual to complete and file. (f) Verification of identity (1) In general An individual shall not participate in any program described in subsection (a) or access any information under such a program unless such individual has verified their identity to the satisfaction of the Secretary. (2) Accessibility For purposes of verifying the identity of any individual seeking to participate in any program described in subsection (a) or to access any information under any such program, the Secretary shall ensure that— (A) any verification procedures are accessible to a significant majority of taxpayers, and (B) for any taxpayer who cannot access or use such verification procedures, a secondary verification procedure (or multiple secondary verification procedures) that is accessible by such taxpayer, including in-person verification procedures. (3) Online verification Not later than 3 years after the date of enactment of this section, the Secretary shall ensure that any verification procedures established under this section are able to be used successfully by— (A) 70 percent of households in the United States, and (B) 80 percent of taxpayers who are eligible to claim the earned income tax credit under section 32. (4) Study and report Not later than 3 years after the date of enactment of this section, and annually thereafter, the Secretary shall conduct a study and make publicly available a report on the verification pass rates by taxpayers under this section, with such information to be disaggregated by income levels and subpopulation groups, including disadvantaged populations such as— (A) individuals without access to desktop or laptop computers, (B) individuals without internet service at home, (C) individuals without credit histories, (D) individuals experiencing homelessness, and (E) individuals with limited English proficiency. (g) Other definitions For purposes of this section— (1) IRS-held information The term IRS-held information means— (A) any information relating to payments made to a taxpayer with respect to any credit allowed under subpart C of part IV of subchapter A of chapter 1, and (B) any other information, as identified and determined appropriate by the Secretary for the purposes of this section, which— (i) is contained in the records of the Internal Revenue Service or to which the Internal Revenue Service has access, and (ii) is not third-party provided return information. (2) Third-party provided return information The term third-party provided return information means— (A) information reported to the Secretary through an information return (as defined in section 6724(d)(1)), (B) information reported to the Secretary pursuant to section 232 of the Social Security Act, and (C) such other information reported to the Secretary as is determined appropriate by the Secretary for purposes of— (i) the program established under subsection (a)(2), and (ii) any determination described in subsection (b)(3)(B). (h) Taxpayer responsibility Nothing in this section shall be construed to absolve the taxpayer from full responsibility for the accuracy or completeness of their return of tax. (i) Prohibition on fees No fee may be imposed on any taxpayer who participates in any program established under subsection (a). (j) Information provided for wage and self-employment income For purposes of subsection (a)(3), in the case of information relating to wages paid for any calendar year after 2022 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act ( 42 U.S.C. 405(c)(2)(A) ), the Commissioner shall make such information available to the Secretary not later than the February 15 of the calendar year following the calendar year to which such wages and self-employment income relate. (k) Outreach campaign (1) In general The Secretary, in coordination with local community-based organizations, shall conduct an outreach campaign to— (A) provide information to the public regarding the programs and software described in subsection (a), and (B) enroll individuals in the programs described in such subsection. (2) Methods With respect to the outreach campaign described in paragraph (1), the Secretary shall— (A) provide relevant information on the public website of the Internal Revenue Service, and (B) send direct mailings to individuals who have been identified as not having filed a return of tax for the taxable year. (l) State income tax returns Subject to any applicable requirements under section 6103, the Secretary shall establish intergovernmental cooperative agreements with State and local governments to exchange taxpayer return information which is provided, imputed, calculated, or used to make calculations under the programs described in subsection (a) for purposes of the administration of State and local tax laws and the preparation of State income tax returns.
28,052
117s1795is
117
s
1,795
is
To address mental health issues for youth, particularly youth of color, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Pursuing Equity in Mental Health Act.", "id": "H59BFADE48D424156A60D3E61A4E021A8", "header": "Short title" }, { "text": "2. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Health Equity and Accountability Sec. 101. Integrated Health Care Demonstration Program. Sec. 102. Addressing racial and ethnic minority mental health disparities research gaps. Sec. 103. Health professions competencies to address racial and ethnic minority mental health disparities. Sec. 104. Racial and ethnic minority behavioral and mental health outreach and education strategy. Sec. 105. Additional funds for National Institutes of Health. Sec. 106. Additional funds for National Institute on Minority Health and Health Disparities. Title II—Other provisions Sec. 201. Reauthorization of Minority Fellowship Program. Sec. 202. Study on the Effects of Smartphone and Social Media Use on Adolescents. Sec. 203. Technical correction.", "id": "HF2DF6C71215540C695A04DD10CC5C4BD", "header": "Table of contents" }, { "text": "101. Integrated Health Care Demonstration Program \nPart D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq.) is amended by inserting after section 553 of such Act (as redesignated and moved by section 203 of this Act) the following: 554. Interprofessional health care teams for provision of behavioral health care in primary care settings \n(a) Grants \nThe Secretary shall award grants to eligible entities for the purpose of establishing interprofessional health care teams that provide behavioral health care. (b) Eligible entities \nTo be eligible to receive a grant under this section, an entity shall be a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act), rural health clinic, or behavioral health program, serving a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)). (c) Scientifically based \nIntegrated health care funded through this section shall be scientifically based, taking into consideration the results of the most recent peer-reviewed research available. (d) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $20,000,000 for each of the first 5 fiscal years following the date of enactment of the Pursuing Equity in Mental Health Act..", "id": "H4BF9D7A0557D4D64A4CC0F6B144D8C69", "header": "Integrated Health Care Demonstration Program" }, { "text": "554. Interprofessional health care teams for provision of behavioral health care in primary care settings \n(a) Grants \nThe Secretary shall award grants to eligible entities for the purpose of establishing interprofessional health care teams that provide behavioral health care. (b) Eligible entities \nTo be eligible to receive a grant under this section, an entity shall be a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act), rural health clinic, or behavioral health program, serving a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)). (c) Scientifically based \nIntegrated health care funded through this section shall be scientifically based, taking into consideration the results of the most recent peer-reviewed research available. (d) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $20,000,000 for each of the first 5 fiscal years following the date of enactment of the Pursuing Equity in Mental Health Act.", "id": "H7DA18815B425431C9779D4756991DE94", "header": "Interprofessional health care teams for provision of behavioral health care in primary care settings" }, { "text": "102. Addressing racial and ethnic minority mental health disparities research gaps \nNot later than 6 months after the date of the enactment of this Act, the Director of the National Institutes of Health shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine (or, if the National Academies of Sciences, Engineering, and Medicine decline to enter into such an arrangement, the Patient-Centered Outcomes Research Institute, the Agency for Healthcare Research and Quality, or another appropriate entity)— (1) to conduct a study with respect to mental health disparities in racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) )); and (2) to submit to the Congress a report on the results of such study, including— (A) a compilation of information on the dynamics of mental disorders in such racial and ethnic minority groups; and (B) a compilation of information on the impact of exposure to community violence, adverse childhood experiences, structural racism, and other psychological traumas on mental disorders in such racial and minority groups.", "id": "HDDE470F49E9C47F981A4563F3E570E5E", "header": "Addressing racial and ethnic minority mental health disparities research gaps" }, { "text": "103. Health professions competencies to address racial and ethnic minority mental health disparities \n(a) In general \nThe Secretary of Health and Human Services may award grants to qualified national organizations for the purposes of— (1) developing, and disseminating to health professional educational programs best practices or core competencies addressing mental health disparities among racial and ethnic minority groups for use in the training of students in the professions of social work, psychology, psychiatry, marriage and family therapy, mental health counseling, and substance misuse counseling; and (2) certifying community health workers and peer wellness specialists with respect to such best practices and core competencies and integrating and expanding the use of such workers and specialists into health care to address mental health disparities among racial and ethnic minority groups. (b) Best practices; core competencies \nOrganizations receiving funds under subsection (a) may use the funds to engage in the following activities related to the development and dissemination of best practices or core competencies described in subsection (a)(1): (1) Formation of committees or working groups comprised of experts from accredited health professions schools to identify best practices and core competencies relating to mental health disparities among racial and ethnic minority groups. (2) Planning of workshops in national fora to allow for public input into the educational needs associated with mental health disparities among racial and ethnic minority groups. (3) Dissemination and promotion of the use of best practices or core competencies in undergraduate and graduate health professions training programs nationwide. (4) Establishing external stakeholder advisory boards to provide meaningful input into policy and program development and best practices to reduce mental health disparities among racial and ethnic minority groups. (c) Definitions \nIn this section: (1) Qualified national organization \nThe term qualified national organization means a national organization that focuses on the education of students in one or more of the professions of social work, psychology, psychiatry, marriage and family therapy, mental health counseling, and substance misuse counseling. (2) Racial and ethnic minority group \nThe term racial and ethnic minority group has the meaning given to such term in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) ).", "id": "H8AE584B1772E4DF0864D4B86152A9C2F", "header": "Health professions competencies to address racial and ethnic minority mental health disparities" }, { "text": "104. Racial and ethnic minority behavioral and mental health outreach and education strategy \nPart D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq.) is amended by inserting after section 554 of such Act, as added by section 101 of this Act, the following: 555. Behavioral and mental health outreach and education strategy \n(a) In general \nThe Secretary shall, in consultation with advocacy and behavioral and mental health organizations serving racial and ethnic minority groups, develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among racial and ethnic minority groups. Such strategy shall— (1) be designed to— (A) meet the diverse cultural and language needs of the various racial and ethnic minority groups; and (B) be developmentally and age-appropriate; (2) increase awareness of symptoms of mental illnesses common among such groups, taking into account differences within at-risk subgroups; (3) provide information on evidence-based, culturally and linguistically appropriate and adapted interventions and treatments; (4) ensure full participation of, and engage, both consumers and community members in the development and implementation of materials; and (5) seek to broaden the perspective among both individuals in these groups and stakeholders serving these groups to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health. (b) Reports \nBeginning not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary shall submit to Congress, and make publicly available, a report on the extent to which the strategy developed and implemented under subsection (a) increased behavioral and mental health outcomes associated with mental health conditions and substance abuse among racial and ethnic minority groups. (c) Definition \nIn this section, the term racial and ethnic minority group has the meaning given to that term in section 1707(g). (d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026..", "id": "H5CCCD6D0D2AF404080E5D89431E24BD2", "header": "Racial and ethnic minority behavioral and mental health outreach and education strategy" }, { "text": "555. Behavioral and mental health outreach and education strategy \n(a) In general \nThe Secretary shall, in consultation with advocacy and behavioral and mental health organizations serving racial and ethnic minority groups, develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among racial and ethnic minority groups. Such strategy shall— (1) be designed to— (A) meet the diverse cultural and language needs of the various racial and ethnic minority groups; and (B) be developmentally and age-appropriate; (2) increase awareness of symptoms of mental illnesses common among such groups, taking into account differences within at-risk subgroups; (3) provide information on evidence-based, culturally and linguistically appropriate and adapted interventions and treatments; (4) ensure full participation of, and engage, both consumers and community members in the development and implementation of materials; and (5) seek to broaden the perspective among both individuals in these groups and stakeholders serving these groups to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health. (b) Reports \nBeginning not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary shall submit to Congress, and make publicly available, a report on the extent to which the strategy developed and implemented under subsection (a) increased behavioral and mental health outcomes associated with mental health conditions and substance abuse among racial and ethnic minority groups. (c) Definition \nIn this section, the term racial and ethnic minority group has the meaning given to that term in section 1707(g). (d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.", "id": "H0E66C9665BC542B0AD9B1D6340EA628F", "header": "Behavioral and mental health outreach and education strategy" }, { "text": "105. Additional funds for National Institutes of Health \n(a) In general \nIn addition to amounts otherwise authorized to be appropriated to the National Institutes of Health, there is authorized to be appropriated to such Institutes $100,000,000 for each of fiscal years 2022 through 2026 to build relations with communities and conduct or support clinical research, including clinical research on racial or ethnic disparities in physical and mental health. (b) Definition \nIn this section, the term clinical research has the meaning given to such term in section 409 of the Public Health Service Act ( 42 U.S.C. 284d ).", "id": "HF48FC384DE3F43B79D816B80C904EA69", "header": "Additional funds for National Institutes of Health" }, { "text": "106. Additional funds for National Institute on Minority Health and Health Disparities \nIn addition to amounts otherwise authorized to be appropriated to the National Institute on Minority Health and Health Disparities, there is authorized to be appropriated to such Institute $650,000,000 for each of fiscal years 2022 through 2026.", "id": "H85040F1F5E49462985BC1B83706DFF30", "header": "Additional funds for National Institute on Minority Health and Health Disparities" }, { "text": "201. Reauthorization of Minority Fellowship Program \nSection 597(c) of the Public Health Service Act ( 42 U.S.C. 297ll(c) ) is amended by striking $12,669,000 for each of fiscal years 2018 through 2022 and inserting $25,000,000 for each of fiscal years 2022 through 2026.", "id": "HA4A6B73D834F414C853F22675222C7A1", "header": "Reauthorization of Minority Fellowship Program" }, { "text": "202. Study on the Effects of Smartphone and Social Media Use on Adolescents \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall conduct or support research on— (1) smartphone and social media use by adolescents; and (2) the effects of such use on— (A) emotional, behavioral, and physical health and development; and (B) disparities in minority and underserved populations. (b) Report \nNot later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Congress, and make publicly available, a report on the findings of research described in this section.", "id": "H20746907198E4C49A294D838E0FE9AC5", "header": "Study on the Effects of Smartphone and Social Media Use on Adolescents" }, { "text": "203. Technical correction \nTitle V of the Public Health Service Act ( 42 U.S.C. 290aa et seq.) is amended— (1) by redesignating the second section 550 ( 42 U.S.C. 290ee–10 ) (relating to Sobriety Treatment And Recovery Teams) as section 553; and (2) by moving such section, as so redesignated, so as to appear after section 552 ( 42 U.S.C. 290ee–7 ).", "id": "H8D92BB64811F414C92E2A38D85140226", "header": "Technical correction" } ]
13
1. Short title This Act may be cited as the Pursuing Equity in Mental Health Act. 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Health Equity and Accountability Sec. 101. Integrated Health Care Demonstration Program. Sec. 102. Addressing racial and ethnic minority mental health disparities research gaps. Sec. 103. Health professions competencies to address racial and ethnic minority mental health disparities. Sec. 104. Racial and ethnic minority behavioral and mental health outreach and education strategy. Sec. 105. Additional funds for National Institutes of Health. Sec. 106. Additional funds for National Institute on Minority Health and Health Disparities. Title II—Other provisions Sec. 201. Reauthorization of Minority Fellowship Program. Sec. 202. Study on the Effects of Smartphone and Social Media Use on Adolescents. Sec. 203. Technical correction. 101. Integrated Health Care Demonstration Program Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq.) is amended by inserting after section 553 of such Act (as redesignated and moved by section 203 of this Act) the following: 554. Interprofessional health care teams for provision of behavioral health care in primary care settings (a) Grants The Secretary shall award grants to eligible entities for the purpose of establishing interprofessional health care teams that provide behavioral health care. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act), rural health clinic, or behavioral health program, serving a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)). (c) Scientifically based Integrated health care funded through this section shall be scientifically based, taking into consideration the results of the most recent peer-reviewed research available. (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $20,000,000 for each of the first 5 fiscal years following the date of enactment of the Pursuing Equity in Mental Health Act.. 554. Interprofessional health care teams for provision of behavioral health care in primary care settings (a) Grants The Secretary shall award grants to eligible entities for the purpose of establishing interprofessional health care teams that provide behavioral health care. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act), rural health clinic, or behavioral health program, serving a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)). (c) Scientifically based Integrated health care funded through this section shall be scientifically based, taking into consideration the results of the most recent peer-reviewed research available. (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $20,000,000 for each of the first 5 fiscal years following the date of enactment of the Pursuing Equity in Mental Health Act. 102. Addressing racial and ethnic minority mental health disparities research gaps Not later than 6 months after the date of the enactment of this Act, the Director of the National Institutes of Health shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine (or, if the National Academies of Sciences, Engineering, and Medicine decline to enter into such an arrangement, the Patient-Centered Outcomes Research Institute, the Agency for Healthcare Research and Quality, or another appropriate entity)— (1) to conduct a study with respect to mental health disparities in racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) )); and (2) to submit to the Congress a report on the results of such study, including— (A) a compilation of information on the dynamics of mental disorders in such racial and ethnic minority groups; and (B) a compilation of information on the impact of exposure to community violence, adverse childhood experiences, structural racism, and other psychological traumas on mental disorders in such racial and minority groups. 103. Health professions competencies to address racial and ethnic minority mental health disparities (a) In general The Secretary of Health and Human Services may award grants to qualified national organizations for the purposes of— (1) developing, and disseminating to health professional educational programs best practices or core competencies addressing mental health disparities among racial and ethnic minority groups for use in the training of students in the professions of social work, psychology, psychiatry, marriage and family therapy, mental health counseling, and substance misuse counseling; and (2) certifying community health workers and peer wellness specialists with respect to such best practices and core competencies and integrating and expanding the use of such workers and specialists into health care to address mental health disparities among racial and ethnic minority groups. (b) Best practices; core competencies Organizations receiving funds under subsection (a) may use the funds to engage in the following activities related to the development and dissemination of best practices or core competencies described in subsection (a)(1): (1) Formation of committees or working groups comprised of experts from accredited health professions schools to identify best practices and core competencies relating to mental health disparities among racial and ethnic minority groups. (2) Planning of workshops in national fora to allow for public input into the educational needs associated with mental health disparities among racial and ethnic minority groups. (3) Dissemination and promotion of the use of best practices or core competencies in undergraduate and graduate health professions training programs nationwide. (4) Establishing external stakeholder advisory boards to provide meaningful input into policy and program development and best practices to reduce mental health disparities among racial and ethnic minority groups. (c) Definitions In this section: (1) Qualified national organization The term qualified national organization means a national organization that focuses on the education of students in one or more of the professions of social work, psychology, psychiatry, marriage and family therapy, mental health counseling, and substance misuse counseling. (2) Racial and ethnic minority group The term racial and ethnic minority group has the meaning given to such term in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) ). 104. Racial and ethnic minority behavioral and mental health outreach and education strategy Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq.) is amended by inserting after section 554 of such Act, as added by section 101 of this Act, the following: 555. Behavioral and mental health outreach and education strategy (a) In general The Secretary shall, in consultation with advocacy and behavioral and mental health organizations serving racial and ethnic minority groups, develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among racial and ethnic minority groups. Such strategy shall— (1) be designed to— (A) meet the diverse cultural and language needs of the various racial and ethnic minority groups; and (B) be developmentally and age-appropriate; (2) increase awareness of symptoms of mental illnesses common among such groups, taking into account differences within at-risk subgroups; (3) provide information on evidence-based, culturally and linguistically appropriate and adapted interventions and treatments; (4) ensure full participation of, and engage, both consumers and community members in the development and implementation of materials; and (5) seek to broaden the perspective among both individuals in these groups and stakeholders serving these groups to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health. (b) Reports Beginning not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary shall submit to Congress, and make publicly available, a report on the extent to which the strategy developed and implemented under subsection (a) increased behavioral and mental health outcomes associated with mental health conditions and substance abuse among racial and ethnic minority groups. (c) Definition In this section, the term racial and ethnic minority group has the meaning given to that term in section 1707(g). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.. 555. Behavioral and mental health outreach and education strategy (a) In general The Secretary shall, in consultation with advocacy and behavioral and mental health organizations serving racial and ethnic minority groups, develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among racial and ethnic minority groups. Such strategy shall— (1) be designed to— (A) meet the diverse cultural and language needs of the various racial and ethnic minority groups; and (B) be developmentally and age-appropriate; (2) increase awareness of symptoms of mental illnesses common among such groups, taking into account differences within at-risk subgroups; (3) provide information on evidence-based, culturally and linguistically appropriate and adapted interventions and treatments; (4) ensure full participation of, and engage, both consumers and community members in the development and implementation of materials; and (5) seek to broaden the perspective among both individuals in these groups and stakeholders serving these groups to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health. (b) Reports Beginning not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary shall submit to Congress, and make publicly available, a report on the extent to which the strategy developed and implemented under subsection (a) increased behavioral and mental health outcomes associated with mental health conditions and substance abuse among racial and ethnic minority groups. (c) Definition In this section, the term racial and ethnic minority group has the meaning given to that term in section 1707(g). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026. 105. Additional funds for National Institutes of Health (a) In general In addition to amounts otherwise authorized to be appropriated to the National Institutes of Health, there is authorized to be appropriated to such Institutes $100,000,000 for each of fiscal years 2022 through 2026 to build relations with communities and conduct or support clinical research, including clinical research on racial or ethnic disparities in physical and mental health. (b) Definition In this section, the term clinical research has the meaning given to such term in section 409 of the Public Health Service Act ( 42 U.S.C. 284d ). 106. Additional funds for National Institute on Minority Health and Health Disparities In addition to amounts otherwise authorized to be appropriated to the National Institute on Minority Health and Health Disparities, there is authorized to be appropriated to such Institute $650,000,000 for each of fiscal years 2022 through 2026. 201. Reauthorization of Minority Fellowship Program Section 597(c) of the Public Health Service Act ( 42 U.S.C. 297ll(c) ) is amended by striking $12,669,000 for each of fiscal years 2018 through 2022 and inserting $25,000,000 for each of fiscal years 2022 through 2026. 202. Study on the Effects of Smartphone and Social Media Use on Adolescents (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall conduct or support research on— (1) smartphone and social media use by adolescents; and (2) the effects of such use on— (A) emotional, behavioral, and physical health and development; and (B) disparities in minority and underserved populations. (b) Report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Congress, and make publicly available, a report on the findings of research described in this section. 203. Technical correction Title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq.) is amended— (1) by redesignating the second section 550 ( 42 U.S.C. 290ee–10 ) (relating to Sobriety Treatment And Recovery Teams) as section 553; and (2) by moving such section, as so redesignated, so as to appear after section 552 ( 42 U.S.C. 290ee–7 ).
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To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Suicide Prevention Act.", "id": "H468C897E57A248338C53B720E3A6433C", "header": "Short title" }, { "text": "2. Syndromic surveillance of self-harm behaviors program \nTitle III of the Public Health Service Act is amended by inserting after section 317U of such Act ( 42 U.S.C. 247b–23 ) the following: 317V. Syndromic surveillance of self-harm behaviors program \n(a) In general \nThe Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. (b) Data sharing by grantees \nAs a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of— (1) tracking and monitoring self-harm to inform response activities to suicide clusters; (2) informing prevention programming for identified at-risk populations; and (3) conducting or supporting research. (c) Disaggregation of data \nThe Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: (1) Nonfatal self-harm data of any intent. (2) Data on suicidal ideation. (3) Data on self-harm where there is no evidence, whether implicit or explicit, of suicidal intent. (4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. (5) Data on self-harm where suicidal intent is unclear based on the available evidence. (d) Priority \nIn making awards under subsection (a), the Secretary shall give priority to eligible entities that are— (1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; (2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or (3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. (e) Geographic distribution \nIn making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including— (1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; (2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and (3) other appropriate community-level factors and social determinants of health such as income, employment, and education. (f) Period of participation \nTo be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. (g) Technical assistance \nThe Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). (h) Data sharing by HHS \nSubject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through— (1) the platform of the National Syndromic Surveillance Program Early Notification of Community Epidemics (ESSENCE) (or any successor platform); (2) the National Violent Death Reporting System, as appropriate; or (3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans. (i) Rule of construction regarding applicability of privacy protections \nNothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. (j) Report \n(1) Submission \nNot later than 3 years after the date of enactment of the Suicide Prevention Act , the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. (2) Contents \nIn addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include— (A) challenges and gaps in data collection and reporting; (B) recommendations to address such gaps and challenges; and (C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. (k) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2023 through 2027..", "id": "HC02B21DB1D7E4DC58BD498BF5E7E58CA", "header": "Syndromic surveillance of self-harm behaviors program" }, { "text": "317V. Syndromic surveillance of self-harm behaviors program \n(a) In general \nThe Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. (b) Data sharing by grantees \nAs a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of— (1) tracking and monitoring self-harm to inform response activities to suicide clusters; (2) informing prevention programming for identified at-risk populations; and (3) conducting or supporting research. (c) Disaggregation of data \nThe Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: (1) Nonfatal self-harm data of any intent. (2) Data on suicidal ideation. (3) Data on self-harm where there is no evidence, whether implicit or explicit, of suicidal intent. (4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. (5) Data on self-harm where suicidal intent is unclear based on the available evidence. (d) Priority \nIn making awards under subsection (a), the Secretary shall give priority to eligible entities that are— (1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; (2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or (3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. (e) Geographic distribution \nIn making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including— (1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; (2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and (3) other appropriate community-level factors and social determinants of health such as income, employment, and education. (f) Period of participation \nTo be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. (g) Technical assistance \nThe Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). (h) Data sharing by HHS \nSubject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through— (1) the platform of the National Syndromic Surveillance Program Early Notification of Community Epidemics (ESSENCE) (or any successor platform); (2) the National Violent Death Reporting System, as appropriate; or (3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans. (i) Rule of construction regarding applicability of privacy protections \nNothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. (j) Report \n(1) Submission \nNot later than 3 years after the date of enactment of the Suicide Prevention Act , the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. (2) Contents \nIn addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include— (A) challenges and gaps in data collection and reporting; (B) recommendations to address such gaps and challenges; and (C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. (k) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2023 through 2027.", "id": "HECA8A8B884A9410E878BC632E7C204F4", "header": "Syndromic surveillance of self-harm behaviors program" }, { "text": "3. Grants to provide self-harm and suicide prevention services \nPart B of title V of the Public Health Service Act ( 42 U.S.C. 290bb et seq. ) is amended by adding at the end the following: 520N. Grants to provide self-harm and suicide prevention services \n(a) In general \nThe Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. (b) Activities supported \n(1) In general \nA hospital emergency department awarded a grant under subsection (a) shall use amounts under the grant to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include— (A) screening patients for self-harm and suicide in accordance with the standards of practice described in subsection (e)(1) and standards of care established by appropriate medical and advocacy organizations; (B) providing patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in subparagraph (A); and (C) referring patients, as appropriate, to a health care facility or provider for purposes of receiving long-term self-harm and suicide prevention services, and providing any additional follow up services and care identified as appropriate as a result of the screenings and short-term self-harm and suicide prevention services described in subparagraphs (A) and (B). (2) Use of funds to hire and train staff \nAmounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). (c) Grant terms \nA grant awarded under subsection (a)— (1) shall be for a period of 3 years; and (2) may be renewed subject to the requirements of this section. (d) Applications \nA hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Standards of Practice \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). (2) Consultation \nThe Secretary shall develop the standards of practice described in paragraph (1) in consultation with individuals and entities with expertise in self-harm and suicide prevention, including public, private, and nonprofit entities. (f) Reporting \n(1) Reports to the Secretary \n(A) In general \nA hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. (B) Matters to be included \nThe report required under subparagraph (A) shall include— (i) the number of patients receiving— (I) screenings carried out at the hospital emergency department; (II) short-term self-harm and suicide prevention services at the hospital emergency department; and (III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; (ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and (iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. (2) Reports to Congress \nNot later than 2 years after the date of the enactment of the Suicide Prevention Act , and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including— (A) a summary of reports received by the Secretary under paragraph (1); and (B) an evaluation of the program by the Secretary. (g) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027..", "id": "H979A37D175BF40C39CCFFC2C25F7F6B9", "header": "Grants to provide self-harm and suicide prevention services" }, { "text": "520N. Grants to provide self-harm and suicide prevention services \n(a) In general \nThe Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. (b) Activities supported \n(1) In general \nA hospital emergency department awarded a grant under subsection (a) shall use amounts under the grant to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include— (A) screening patients for self-harm and suicide in accordance with the standards of practice described in subsection (e)(1) and standards of care established by appropriate medical and advocacy organizations; (B) providing patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in subparagraph (A); and (C) referring patients, as appropriate, to a health care facility or provider for purposes of receiving long-term self-harm and suicide prevention services, and providing any additional follow up services and care identified as appropriate as a result of the screenings and short-term self-harm and suicide prevention services described in subparagraphs (A) and (B). (2) Use of funds to hire and train staff \nAmounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). (c) Grant terms \nA grant awarded under subsection (a)— (1) shall be for a period of 3 years; and (2) may be renewed subject to the requirements of this section. (d) Applications \nA hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Standards of Practice \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). (2) Consultation \nThe Secretary shall develop the standards of practice described in paragraph (1) in consultation with individuals and entities with expertise in self-harm and suicide prevention, including public, private, and nonprofit entities. (f) Reporting \n(1) Reports to the Secretary \n(A) In general \nA hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. (B) Matters to be included \nThe report required under subparagraph (A) shall include— (i) the number of patients receiving— (I) screenings carried out at the hospital emergency department; (II) short-term self-harm and suicide prevention services at the hospital emergency department; and (III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; (ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and (iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. (2) Reports to Congress \nNot later than 2 years after the date of the enactment of the Suicide Prevention Act , and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including— (A) a summary of reports received by the Secretary under paragraph (1); and (B) an evaluation of the program by the Secretary. (g) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027.", "id": "H9276380EBF1745D696E4EFA983DA3123", "header": "Grants to provide self-harm and suicide prevention services" } ]
5
1. Short title This Act may be cited as the Suicide Prevention Act. 2. Syndromic surveillance of self-harm behaviors program Title III of the Public Health Service Act is amended by inserting after section 317U of such Act ( 42 U.S.C. 247b–23 ) the following: 317V. Syndromic surveillance of self-harm behaviors program (a) In general The Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. (b) Data sharing by grantees As a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of— (1) tracking and monitoring self-harm to inform response activities to suicide clusters; (2) informing prevention programming for identified at-risk populations; and (3) conducting or supporting research. (c) Disaggregation of data The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: (1) Nonfatal self-harm data of any intent. (2) Data on suicidal ideation. (3) Data on self-harm where there is no evidence, whether implicit or explicit, of suicidal intent. (4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. (5) Data on self-harm where suicidal intent is unclear based on the available evidence. (d) Priority In making awards under subsection (a), the Secretary shall give priority to eligible entities that are— (1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; (2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or (3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. (e) Geographic distribution In making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including— (1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; (2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and (3) other appropriate community-level factors and social determinants of health such as income, employment, and education. (f) Period of participation To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. (g) Technical assistance The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). (h) Data sharing by HHS Subject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through— (1) the platform of the National Syndromic Surveillance Program Early Notification of Community Epidemics (ESSENCE) (or any successor platform); (2) the National Violent Death Reporting System, as appropriate; or (3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans. (i) Rule of construction regarding applicability of privacy protections Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. (j) Report (1) Submission Not later than 3 years after the date of enactment of the Suicide Prevention Act , the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. (2) Contents In addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include— (A) challenges and gaps in data collection and reporting; (B) recommendations to address such gaps and challenges; and (C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. (k) Authorization of appropriations To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2023 through 2027.. 317V. Syndromic surveillance of self-harm behaviors program (a) In general The Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. (b) Data sharing by grantees As a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of— (1) tracking and monitoring self-harm to inform response activities to suicide clusters; (2) informing prevention programming for identified at-risk populations; and (3) conducting or supporting research. (c) Disaggregation of data The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: (1) Nonfatal self-harm data of any intent. (2) Data on suicidal ideation. (3) Data on self-harm where there is no evidence, whether implicit or explicit, of suicidal intent. (4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. (5) Data on self-harm where suicidal intent is unclear based on the available evidence. (d) Priority In making awards under subsection (a), the Secretary shall give priority to eligible entities that are— (1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; (2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or (3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. (e) Geographic distribution In making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including— (1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; (2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and (3) other appropriate community-level factors and social determinants of health such as income, employment, and education. (f) Period of participation To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. (g) Technical assistance The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). (h) Data sharing by HHS Subject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through— (1) the platform of the National Syndromic Surveillance Program Early Notification of Community Epidemics (ESSENCE) (or any successor platform); (2) the National Violent Death Reporting System, as appropriate; or (3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans. (i) Rule of construction regarding applicability of privacy protections Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. (j) Report (1) Submission Not later than 3 years after the date of enactment of the Suicide Prevention Act , the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. (2) Contents In addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include— (A) challenges and gaps in data collection and reporting; (B) recommendations to address such gaps and challenges; and (C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. (k) Authorization of appropriations To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2023 through 2027. 3. Grants to provide self-harm and suicide prevention services Part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb et seq. ) is amended by adding at the end the following: 520N. Grants to provide self-harm and suicide prevention services (a) In general The Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. (b) Activities supported (1) In general A hospital emergency department awarded a grant under subsection (a) shall use amounts under the grant to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include— (A) screening patients for self-harm and suicide in accordance with the standards of practice described in subsection (e)(1) and standards of care established by appropriate medical and advocacy organizations; (B) providing patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in subparagraph (A); and (C) referring patients, as appropriate, to a health care facility or provider for purposes of receiving long-term self-harm and suicide prevention services, and providing any additional follow up services and care identified as appropriate as a result of the screenings and short-term self-harm and suicide prevention services described in subparagraphs (A) and (B). (2) Use of funds to hire and train staff Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). (c) Grant terms A grant awarded under subsection (a)— (1) shall be for a period of 3 years; and (2) may be renewed subject to the requirements of this section. (d) Applications A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Standards of Practice (1) In general Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). (2) Consultation The Secretary shall develop the standards of practice described in paragraph (1) in consultation with individuals and entities with expertise in self-harm and suicide prevention, including public, private, and nonprofit entities. (f) Reporting (1) Reports to the Secretary (A) In general A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. (B) Matters to be included The report required under subparagraph (A) shall include— (i) the number of patients receiving— (I) screenings carried out at the hospital emergency department; (II) short-term self-harm and suicide prevention services at the hospital emergency department; and (III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; (ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and (iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. (2) Reports to Congress Not later than 2 years after the date of the enactment of the Suicide Prevention Act , and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including— (A) a summary of reports received by the Secretary under paragraph (1); and (B) an evaluation of the program by the Secretary. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027.. 520N. Grants to provide self-harm and suicide prevention services (a) In general The Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. (b) Activities supported (1) In general A hospital emergency department awarded a grant under subsection (a) shall use amounts under the grant to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include— (A) screening patients for self-harm and suicide in accordance with the standards of practice described in subsection (e)(1) and standards of care established by appropriate medical and advocacy organizations; (B) providing patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in subparagraph (A); and (C) referring patients, as appropriate, to a health care facility or provider for purposes of receiving long-term self-harm and suicide prevention services, and providing any additional follow up services and care identified as appropriate as a result of the screenings and short-term self-harm and suicide prevention services described in subparagraphs (A) and (B). (2) Use of funds to hire and train staff Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). (c) Grant terms A grant awarded under subsection (a)— (1) shall be for a period of 3 years; and (2) may be renewed subject to the requirements of this section. (d) Applications A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Standards of Practice (1) In general Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). (2) Consultation The Secretary shall develop the standards of practice described in paragraph (1) in consultation with individuals and entities with expertise in self-harm and suicide prevention, including public, private, and nonprofit entities. (f) Reporting (1) Reports to the Secretary (A) In general A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. (B) Matters to be included The report required under subparagraph (A) shall include— (i) the number of patients receiving— (I) screenings carried out at the hospital emergency department; (II) short-term self-harm and suicide prevention services at the hospital emergency department; and (III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; (ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and (iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. (2) Reports to Congress Not later than 2 years after the date of the enactment of the Suicide Prevention Act , and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including— (A) a summary of reports received by the Secretary under paragraph (1); and (B) an evaluation of the program by the Secretary. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027.
18,939
117s985is
117
s
985
is
To amend the Internal Revenue Code of 1986 to provide direct payments of the renewable electricity production credit, the energy credit, and the carbon oxide sequestration credit.
[ { "text": "1. Short title \nThis Act may be cited as the Save America’s Clean Energy Jobs Act.", "id": "id8E97B5CF9915481A9DA8CC195B08C760", "header": "Short title" }, { "text": "2. Direct payment of renewable electricity production credit and energy credit \n(a) Renewable electricity production credit \n(1) In general \nSection 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Election for direct payment \n(A) In general \nIn the case of any applicable facility, the amount of any credit determined under subsection (a) with respect to such facility for any taxable year during the period described in paragraph (2)(A)(ii) of such subsection shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (B) Applicable facility \nFor purposes of this paragraph, the term applicable facility means a qualified facility— (i) the construction of which began before January 1, 2023, and (ii) which is originally placed in service after March 25, 2021. (C) Form and effect of election \n(i) In general \nAn election under subparagraph (A) shall be made in such manner as the Secretary may prescribe and not later than the due date (including extensions) for the return of tax for the taxable year in which the qualified facility is originally placed in service. Such election, once made, shall be irrevocable with respect to such qualified facility for the period described in subsection (a)(2)(A)(ii). (ii) Effect \nAny election under subparagraph (A) shall, for any taxable year during the period described in subsection (a)(2)(A)(ii), reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such qualified facility for such taxable year to zero. (D) Application to partnerships and S corporations \nIn the case of a partnership or S corporation which makes an election under subparagraph (A)— (i) such subparagraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and (ii) (I) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero, and (II) in the case of a S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero.. (2) Effective date \nThe amendment made by this subsection shall apply to facilities placed in service after March 25, 2021. (b) Energy credit \n(1) In general \nSection 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Election for direct payment \n(1) In general \nIn the case of any applicable property placed in service during any taxable year, the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). (2) Applicable property \nFor purposes of this subsection, the term applicable property means any energy property (including any qualified property which is treated as energy property pursuant to subsection (a)(5))— (A) the construction of which began before January 1, 2023, and (B) which is originally placed in service after March 25, 2021. Such term shall not include any property if a credit for qualified progress expenditures has been allowed with respect to such property before the date of any election under paragraph (1). (3) Form and effect of election \n(A) In general \nAn election under paragraph (1) shall be made in such manner as the Secretary may prescribe and not later than the due date (including extensions) for the return of tax for the taxable year in which the applicable property is originally placed in service. Such election, once made, shall be irrevocable with respect to the applicable property. (B) Effect \nAny election under paragraph (1) shall reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such applicable property for the taxable year in which such property is placed in service to zero. The reduction in credit under subparagraph (B) shall not be taken into account for purposes of applying section 50(a) with respect to such property. (4) Application to partnerships and S corporations \nRules similar to the rules of section 45(e)(12)(D) shall apply for purposes of this subsection. (5) Regulations and guidance \nThe Secretary shall prescribe such regulations and guidance as may be necessary to carry out this subsection, including regulations or guidance to relating to reporting on the use of applicable property for purposes of administering the recapture under section 50(a) of any refund made by reason of this section.. (2) Effective date \nThe amendment made by this subsection shall apply to property placed in service after March 25, 2021. (c) Carbon oxide sequestration credit \n(1) In general \nSection 45Q(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Election for direct payment \n(A) In general \nIn the case of any applicable equipment, the amount of any credit determined under subsection (a) with respect to any qualified carbon oxide captured by such equipment for any taxable year during the applicable period shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (B) Applicable equipment \nFor purposes of this paragraph, the term applicable equipment means carbon capture equipment— (i) which is originally placed in service after March 25, 2021, at a qualified facility the construction of which began before January 1, 2023, and (ii) (I) the construction of which began before January 1, 2023, or (II) which was placed in service at a qualified facility the original planning and design of which included such equipment. (C) Applicable period \nFor purposes of this paragraph, the term applicable period means the 12-year period beginning on the date that the applicable equipment was originally placed in service. (D) Form and effect of election \n(i) In general \nAn election under subparagraph (A) shall be made in such manner as the Secretary may prescribe and not later than the due date (including extensions) for the return of tax for the taxable year in which the applicable equipment is originally placed in service. Such election, once made, shall be irrevocable with respect to such applicable equipment for the applicable period. (ii) Effect \nAny election under subparagraph (A) shall, for any taxable year during the applicable period, reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such applicable equipment for such taxable year to zero. (E) Application to partnerships and S corporations \nIn the case of a partnership or S corporation which makes an election under subparagraph (A)— (i) such subparagraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and (ii) (I) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the qualified carbon oxide captured using such applicable equipment shall be deemed to be zero, and (II) in the case of a S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to the qualified carbon oxide captured using such applicable equipment shall be deemed to be zero.. (2) Effective date \nThe amendment made by this subsection shall apply to property placed in service after March 25, 2021.", "id": "idFF45689BD9FA44EE8D129BD54853016F", "header": "Direct payment of renewable electricity production credit and energy credit" } ]
2
1. Short title This Act may be cited as the Save America’s Clean Energy Jobs Act. 2. Direct payment of renewable electricity production credit and energy credit (a) Renewable electricity production credit (1) In general Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Election for direct payment (A) In general In the case of any applicable facility, the amount of any credit determined under subsection (a) with respect to such facility for any taxable year during the period described in paragraph (2)(A)(ii) of such subsection shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (B) Applicable facility For purposes of this paragraph, the term applicable facility means a qualified facility— (i) the construction of which began before January 1, 2023, and (ii) which is originally placed in service after March 25, 2021. (C) Form and effect of election (i) In general An election under subparagraph (A) shall be made in such manner as the Secretary may prescribe and not later than the due date (including extensions) for the return of tax for the taxable year in which the qualified facility is originally placed in service. Such election, once made, shall be irrevocable with respect to such qualified facility for the period described in subsection (a)(2)(A)(ii). (ii) Effect Any election under subparagraph (A) shall, for any taxable year during the period described in subsection (a)(2)(A)(ii), reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such qualified facility for such taxable year to zero. (D) Application to partnerships and S corporations In the case of a partnership or S corporation which makes an election under subparagraph (A)— (i) such subparagraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and (ii) (I) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero, and (II) in the case of a S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero.. (2) Effective date The amendment made by this subsection shall apply to facilities placed in service after March 25, 2021. (b) Energy credit (1) In general Section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Election for direct payment (1) In general In the case of any applicable property placed in service during any taxable year, the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). (2) Applicable property For purposes of this subsection, the term applicable property means any energy property (including any qualified property which is treated as energy property pursuant to subsection (a)(5))— (A) the construction of which began before January 1, 2023, and (B) which is originally placed in service after March 25, 2021. Such term shall not include any property if a credit for qualified progress expenditures has been allowed with respect to such property before the date of any election under paragraph (1). (3) Form and effect of election (A) In general An election under paragraph (1) shall be made in such manner as the Secretary may prescribe and not later than the due date (including extensions) for the return of tax for the taxable year in which the applicable property is originally placed in service. Such election, once made, shall be irrevocable with respect to the applicable property. (B) Effect Any election under paragraph (1) shall reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such applicable property for the taxable year in which such property is placed in service to zero. The reduction in credit under subparagraph (B) shall not be taken into account for purposes of applying section 50(a) with respect to such property. (4) Application to partnerships and S corporations Rules similar to the rules of section 45(e)(12)(D) shall apply for purposes of this subsection. (5) Regulations and guidance The Secretary shall prescribe such regulations and guidance as may be necessary to carry out this subsection, including regulations or guidance to relating to reporting on the use of applicable property for purposes of administering the recapture under section 50(a) of any refund made by reason of this section.. (2) Effective date The amendment made by this subsection shall apply to property placed in service after March 25, 2021. (c) Carbon oxide sequestration credit (1) In general Section 45Q(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Election for direct payment (A) In general In the case of any applicable equipment, the amount of any credit determined under subsection (a) with respect to any qualified carbon oxide captured by such equipment for any taxable year during the applicable period shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (B) Applicable equipment For purposes of this paragraph, the term applicable equipment means carbon capture equipment— (i) which is originally placed in service after March 25, 2021, at a qualified facility the construction of which began before January 1, 2023, and (ii) (I) the construction of which began before January 1, 2023, or (II) which was placed in service at a qualified facility the original planning and design of which included such equipment. (C) Applicable period For purposes of this paragraph, the term applicable period means the 12-year period beginning on the date that the applicable equipment was originally placed in service. (D) Form and effect of election (i) In general An election under subparagraph (A) shall be made in such manner as the Secretary may prescribe and not later than the due date (including extensions) for the return of tax for the taxable year in which the applicable equipment is originally placed in service. Such election, once made, shall be irrevocable with respect to such applicable equipment for the applicable period. (ii) Effect Any election under subparagraph (A) shall, for any taxable year during the applicable period, reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such applicable equipment for such taxable year to zero. (E) Application to partnerships and S corporations In the case of a partnership or S corporation which makes an election under subparagraph (A)— (i) such subparagraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and (ii) (I) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the qualified carbon oxide captured using such applicable equipment shall be deemed to be zero, and (II) in the case of a S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to the qualified carbon oxide captured using such applicable equipment shall be deemed to be zero.. (2) Effective date The amendment made by this subsection shall apply to property placed in service after March 25, 2021.
8,075
117s5291is
117
s
5,291
is
To delay the implementation of the modifications of exceptions for reporting of third party network transactions.
[ { "text": "1. Delay in modification of exceptions for reporting of third party network transactions \nSection 9674(c)(1) of the American Rescue Plan of 2021 is amended by striking December 31, 2021 and inserting December 31, 2022.", "id": "idf16905fe440744a7b610bc5a99258e87", "header": "Delay in modification of exceptions for reporting of third party network transactions" } ]
1
1. Delay in modification of exceptions for reporting of third party network transactions Section 9674(c)(1) of the American Rescue Plan of 2021 is amended by striking December 31, 2021 and inserting December 31, 2022.
218
117s1735is
117
s
1,735
is
To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Native American Entrepreneurial and Opportunity Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Office of Native American Affairs \nThe Small Business Act ( 15 U.S.C. 631 et seq.) is amended— (1) by redesignating section 49 ( 15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 ( 15 U.S.C. 657u ) the following: 49. Office of Native American Affairs \n(a) Definitions \nIn this section: (1) Associate Administrator \nThe term Associate Administrator means the Associate Administrator for Native American Affairs appointed under subsection (c). (2) Indian Tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 8(a)(13). (3) Native Hawaiian Organization \nThe term Native Hawaiian Organization has the meaning given the term in section 8(a)(15). (4) Office \nThe term Office means the Office of Native American Affairs described in this section. (b) Establishment \n(1) In general \nThere is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize Native businesses and economic development in Indian country. (2) Connection with other programs \nTo the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). (3) Field offices \nThe Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. (c) Associate Administrator \nThe Office shall be headed by an Associate Administrator for Native American Affairs, who shall— (1) be appointed by and report to the Administrator; (2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans; (3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups; (4) administer and manage Native American outreach expansion; (5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs; (6) act as an ombudsman for Native Americans for programs of the Administration; (7) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to— (A) deploy training, counseling, workshops, educational outreach, and supplier events; and (B) access the entrepreneurial, capital, and contracting programs of the Administration, including the Community Navigator pilot program; (8) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and (9) recommend annual budgets for the Office. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026..", "id": "idD9EE89F625A741CC946C9B36CA331518", "header": "Office of Native American Affairs" }, { "text": "49. Office of Native American Affairs \n(a) Definitions \nIn this section: (1) Associate Administrator \nThe term Associate Administrator means the Associate Administrator for Native American Affairs appointed under subsection (c). (2) Indian Tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 8(a)(13). (3) Native Hawaiian Organization \nThe term Native Hawaiian Organization has the meaning given the term in section 8(a)(15). (4) Office \nThe term Office means the Office of Native American Affairs described in this section. (b) Establishment \n(1) In general \nThere is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize Native businesses and economic development in Indian country. (2) Connection with other programs \nTo the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). (3) Field offices \nThe Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. (c) Associate Administrator \nThe Office shall be headed by an Associate Administrator for Native American Affairs, who shall— (1) be appointed by and report to the Administrator; (2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans; (3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups; (4) administer and manage Native American outreach expansion; (5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs; (6) act as an ombudsman for Native Americans for programs of the Administration; (7) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to— (A) deploy training, counseling, workshops, educational outreach, and supplier events; and (B) access the entrepreneurial, capital, and contracting programs of the Administration, including the Community Navigator pilot program; (8) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and (9) recommend annual budgets for the Office. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.", "id": "idCD364D969A2741E1B3503E0526876703", "header": "Office of Native American Affairs" } ]
3
1. Short title This Act may be cited as the Native American Entrepreneurial and Opportunity Act of 2021. 2. Office of Native American Affairs The Small Business Act ( 15 U.S.C. 631 et seq.) is amended— (1) by redesignating section 49 ( 15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 ( 15 U.S.C. 657u ) the following: 49. Office of Native American Affairs (a) Definitions In this section: (1) Associate Administrator The term Associate Administrator means the Associate Administrator for Native American Affairs appointed under subsection (c). (2) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 8(a)(13). (3) Native Hawaiian Organization The term Native Hawaiian Organization has the meaning given the term in section 8(a)(15). (4) Office The term Office means the Office of Native American Affairs described in this section. (b) Establishment (1) In general There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize Native businesses and economic development in Indian country. (2) Connection with other programs To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). (3) Field offices The Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. (c) Associate Administrator The Office shall be headed by an Associate Administrator for Native American Affairs, who shall— (1) be appointed by and report to the Administrator; (2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans; (3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups; (4) administer and manage Native American outreach expansion; (5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs; (6) act as an ombudsman for Native Americans for programs of the Administration; (7) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to— (A) deploy training, counseling, workshops, educational outreach, and supplier events; and (B) access the entrepreneurial, capital, and contracting programs of the Administration, including the Community Navigator pilot program; (8) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and (9) recommend annual budgets for the Office. (d) Authorization of appropriations There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.. 49. Office of Native American Affairs (a) Definitions In this section: (1) Associate Administrator The term Associate Administrator means the Associate Administrator for Native American Affairs appointed under subsection (c). (2) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 8(a)(13). (3) Native Hawaiian Organization The term Native Hawaiian Organization has the meaning given the term in section 8(a)(15). (4) Office The term Office means the Office of Native American Affairs described in this section. (b) Establishment (1) In general There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize Native businesses and economic development in Indian country. (2) Connection with other programs To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). (3) Field offices The Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. (c) Associate Administrator The Office shall be headed by an Associate Administrator for Native American Affairs, who shall— (1) be appointed by and report to the Administrator; (2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans; (3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups; (4) administer and manage Native American outreach expansion; (5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs; (6) act as an ombudsman for Native Americans for programs of the Administration; (7) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to— (A) deploy training, counseling, workshops, educational outreach, and supplier events; and (B) access the entrepreneurial, capital, and contracting programs of the Administration, including the Community Navigator pilot program; (8) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and (9) recommend annual budgets for the Office. (d) Authorization of appropriations There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.
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To provide for climate change planning, mitigation, adaptation, and resilience in the United States Territories and Freely Associated States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Insular Area Climate Change Act.", "id": "H346DAD9C013849548BC408509D5E4FE8", "header": "Short title" }, { "text": "2. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Findings. TITLE I—General Provisions Sec. 101. Insular Area Climate Change Interagency Task Force. Sec. 102. Non-Federal cost-share waiver. Sec. 103. Coral reefs prize competitions. TITLE II—Department of the Interior Sec. 201. Office of Insular Affairs Technical Assistance Program. Sec. 202. Runit Dome report and monitoring activities. TITLE III—National Oceanic and Atmospheric Administration Sec. 301. Climate Change Insular Research Grant Program. Sec. 302. Coastal management technical assistance and report. Sec. 303. National Weather Service technical assistance and grants. Sec. 304. Ocean and Coastal Mapping Integration Act. TITLE IV—Department of Energy Sec. 401. Office of Insular Area Energy Policy and Programs. Sec. 402. Comprehensive energy plans. Sec. 403. Energy Efficient Product Rebate Program. Sec. 404. Renewable Energy Grant Program. Sec. 405. Offshore wind for the territories. Sec. 406. State Energy Program non-Federal cost-share waiver. TITLE V—Environmental Protection Agency Sec. 501. Definitions. Sec. 502. Insular Area National Program Office. Sec. 503. Insular Area Sustainable Infrastructure Grant Program. Sec. 504. Insular Area Renewable Energy Grant Program. Sec. 505. Insular Area Technical Assistance Program. TITLE VI—Emergency Management Sec. 601. Community disaster loans repayment cancellation. Sec. 602. Disaster relief non-Federal cost-share waiver. TITLE VII—Sense of Congress regarding the threat of climate change Sec. 701. Sense of Congress regarding the threat of climate change.", "id": "H6216CA3188DD49DB8C20421628F4539A", "header": "Table of contents" }, { "text": "3. Definitions \nIn this Act, the following definitions apply: (1) Adaptation \nThe term adaptation means the capacity of natural and human systems to adjust to climate change or its impacts in a matter that will reduce damage or take advantage of any beneficial aspects. (2) Freely associated states \nThe term Freely Associated States means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (3) Insular areas \nThe term Insular Areas means the territories and Freely Associated States. (4) Mitigation \nThe term mitigation means measures and initiatives that would limit or reduce greenhouse gas emissions. (5) Resilience \nThe term resilience means the capacity of natural and human systems to resist, assimilate, and recover from the effects of climate change in an efficient and timely manner, maintaining or restoring basic structures and essential functions. (6) Renewable energy \nThe term renewable energy means energy that has been derived from Earth’s natural resources that are not finite or exhaustible, including solar, wind, hydroelectric, geothermal, and ocean (thermal and mechanics). (7) Renewable energy system \nThe term renewable energy system includes off-grid or stand-alone systems, microgrids, nano grids, and virtual power plants systems based on renewable energy sources, including storage and other related ancillary equipment. These may also be referred to as eligible projects. Waste to energy are not considered as eligible projects. (8) Territories \nThe term territories means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States. (9) Territory \nThe term territory means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the Virgin Islands of the United States.", "id": "H1B087A37E8054BC88E05049BBE9BA3EC", "header": "Definitions" }, { "text": "4. Findings \nCongress finds as follows: (1) The Insular Areas are topographically and environmentally diverse and treasured by millions of individuals who call them home. (2) The territories in the Caribbean (Puerto Rico and the Virgin Islands of the United States) and the territories in the Pacific (American Samoa, the Commonwealth of the Northern Mariana Islands, and Guam) face many of the same climate change-related challenges. Freely Associated States face similar climate change-related vulnerabilities. (3) Insular Areas are experiencing sea level rise, coastal erosion, and increasing storm impacts that threaten lives, critical infrastructure, ecosystems, and livelihood security. (4) Sea level rise from climate change poses an existential threat to low-lying Insular Areas, including the Republic of the Marshall Islands, the impacts of which could significantly undermine the strategic, economic, and defense interests of the United States. (5) Temperature increases are likely to further create and intensify the length of droughts, reduce water supply, impact public health, and increase demand of freshwater in Insular Areas. In addition, temperature increases will drive coral reefs to extinction, eliminating a natural barrier against storm surge, increasing destruction of infrastructure, and threatening lives of the inhabitants of the islands. (6) In 2017, two major storms, Hurricane Irma and Hurricane Maria, impacted Puerto Rico and the Virgin Islands of the United States. Hurricane Maria caused thousands of deaths in Puerto Rico and the Virgin Islands of the United States and significant damage to their infrastructure, including Puerto Rico’s energy system. Hurricane Maria destroyed millions of trees in Puerto Rico and the Virgin Islands of the United States, which has significantly increased erosion and sediment transport. As a result, reservoirs have lost significant storage capacity and coral reefs are severely impacted. (7) In 2018, Typhoon Yutu impacted the Commonwealth of the Northern Mariana Islands and Guam, causing catastrophic destruction in those territories.", "id": "H29B7BEA30AF040FA941F32862F1B42EF", "header": "Findings" }, { "text": "101. Insular Area Climate Change Interagency Task Force \n(a) Establishment of task force \nNot later than 90 days after the date of the enactment of this Act, the following shall jointly establish the Insular Area Climate Change Interagency Task Force (hereafter in this section referred to as the Task Force ): (1) The Secretary of the Interior. (2) The Secretary of Energy. (3) The Secretary of State. (4) The Secretary of Housing and Urban Development. (5) The Secretary of Agriculture. (6) The Secretary of Commerce. (7) The Administrator of the Federal Emergency Management Agency. (8) The Administrator of the Environmental Protection Agency. (b) Chairperson \nThe Task Force shall be chaired by the Administrator of the Federal Emergency Management Agency. (c) Duties \nThe Task Force shall— (1) evaluate all Federal programs regarding ways to provide greater access to Federal programs and equitable baseline funding in relation to States, to territories for climate change planning, mitigation, adaptation, and resilience; (2) identify statutory barriers to providing territories greater access to Federal programs and equitable baseline funding; and (3) provide recommendations related to climate change in Insular Areas in consultation with local governments and non-governmental organizations in Insular Areas with expertise on climate change. (d) Comprehensive report \nNot later than 1 year after the establishment of the Task Force, the Task Force, in consultation with Insular Area governments, shall issue a comprehensive report that— (1) identifies Federal programs that have an impact on climate change planning, mitigation, adaptation, and resilience, but exclude territories in regard to eligibility, funding, and assistance, or do not provide equitable baseline funding in relation to States; and (2) provides advice and recommendations related to climate change in Insular Areas, such as new suggested Federal programs or initiatives. (e) Publication; public availability \nThe Administrator of the Federal Emergency Management Agency shall ensure that the report required under subsection (d) is— (1) submitted to the Committees on Energy and Commerce and Natural Resources of the House of Representatives, and Energy and Natural Resources of the Senate; (2) published in the Federal Register for public comment for a period of at least 60 days; and (3) made available on a public website along with any comments received during the public comment period required under paragraph (2).", "id": "H39F00A166B22424F9F4E1B7874D30D4B", "header": "Insular Area Climate Change Interagency Task Force" }, { "text": "102. Non-Federal cost-share waiver \nSection 501 of Public Law 95–134 (commonly known as the Omnibus Territories Act of 1977 ) ( 48 U.S.C. 1469a ), is amended by adding at the end the following: (e) Notwithstanding any other provision of law, in the case of the Insular Areas, any department or agency shall waive any requirement for non-Federal matching funds under $750,000 (including in-kind contributions) required by law to be provided by those jurisdictions..", "id": "H69260B91485344F3B096E2B4EB42ACFE", "header": "Non-Federal cost-share waiver" }, { "text": "103. Coral reefs prize competitions \n(a) Prize competitions \nThe Director of the Office of Science and Technology Policy shall work with the head of each Federal agency represented on the U.S. Coral Reef Task Force established under Executive Order 13089 (63 Fed. Reg. 32701) to establish prize competitions, in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ), that promote coral reef research and conservation in the Insular Areas, the State of Hawaii or Florida, or any other area in the United States or Insular Areas, as determined by the Director of the Office of Science and Technology Policy, facing a significant ecological threat due to coral reef die-offs. (b) Waiver of matching requirement \nSection 204(b)(2) of the Coral Reef Conservation Act of 2000 ( 16 U.S.C. 6403(b)(2) ) is amended— (1) by striking the paragraph designation and all that follows through The Administrator and inserting the following: (2) Waivers \n(A) In general \nThe Administrator ; and (2) by adding at the end the following: (B) Sustaining coral reef management and monitoring \nThe Administrator shall waive the matching requirement under paragraph (1) for grants to implement State and territorial coral reef conservation cooperative agreements to sustain coral reef management and monitoring in the State of Florida or Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, or the United States Virgin Islands..", "id": "HBF8D7D160F8F4323859D6EF8495CA2D8", "header": "Coral reefs prize competitions" }, { "text": "201. Office of Insular Affairs Technical Assistance Program \n(a) In general \nThe Secretary of the Interior, acting through the Office of Insular Affairs Technical Assistance Program, shall provide technical assistance for climate change planning, mitigation, adaptation, and resilience to Insular Areas under the jurisdiction of such Program. (b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of the Interior to carry out this section $5,000,000 for each of the fiscal years 2022 through 2026.", "id": "HEBF0CD866A1D451F9218DBEBB7F86400", "header": "Office of Insular Affairs Technical Assistance Program" }, { "text": "202. Runit Dome report and monitoring activities \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committees on Natural Resources and Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources of the Senate, a report, prepared by independent experts not employed by the U.S. government, on the impacts of climate change on the Runit Dome nuclear waste disposal site in Enewetak Atoll, Marshall Islands, and on other environmental hazards in the vicinity thereof. The report shall include the following: (1) A detailed scientific analysis of any threats to the environment, and to the health and safety of Enewetak Atoll residents, posed by each of the following: (A) The Runit Dome nuclear waste disposal site. (B) Crypts used to contain nuclear waste and other toxins on Enewetak Atoll. (C) Radionuclides and other toxins present in the lagoon of Enewetak Atoll, including areas in the lagoon where nuclear waste was dumped. (D) Radionuclides and other toxins, including beryllium, which may be present on the islands of Enewetak Atoll as a result of nuclear tests and other activities of the U.S. government, including tests of chemical and biological warfare agents, rocket tests, contaminated aircraft landing on Enewetak Island, and nuclear cleanup activities. (E) Radionuclides and other toxins that may be present in the drinking water on Enewetak Island or in the water source for the desalination plant. (F) Radionuclides and other toxins that may be present in the groundwater under and in the vicinity of the nuclear waste disposal facility on Runit Island. (2) A detailed scientific analysis of the extent to which rising sea levels, severe weather events and other effects of climate change might exacerbate any of the threats identified above. (3) A detailed plan, including costs, to relocate all of the nuclear waste and other toxic waste contained in— (A) the Runit Dome nuclear waste disposal site; (B) all of the crypts on Enewetak Atoll containing such waste; and (C) the three dumping areas in Enewetak’s lagoon to a safe, secure facility to be constructed in an uninhabited, unincorporated territory of the United States. (b) Marshallese participation \nThe Secretary of the Interior shall allow scientists or other experts selected by the Republic of the Marshall Islands to participate in all aspects of the preparation of the report required by subsection (a), including, without limitation, developing the work plan, identifying questions, conducting research, and collecting and interpreting data. (c) Publication \nThe report required in subsection (a) shall be published in the Federal Register for public comment for a period of not fewer than 60 days. (d) Public availability \nThe Secretary of the Interior shall publish the study required under subsection (a) and results submitted under subsection (b) on a public website. (e) Authorization of appropriation for report \nIt is hereby authorized to be appropriated to the Department of the Interior, Office of Insular Affairs, for fiscal year 2022 such sums as may be necessary to produce the report required in subsection (a). (f) Indefinite authorization of appropriation for Runit Dome monitoring activities \nIt is hereby authorized to be appropriated to the Department of Energy such sums as may be necessary to comply with the requirements of section 103(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 ( 42 U.S.C. 1921b(f)(1)(B) ).", "id": "HCF0D0CA444B844F2807F8C5A597D29B4", "header": "Runit Dome report and monitoring activities" }, { "text": "301. Climate Change Insular Research Grant Program \n(a) In general \nThe Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Insular Research Grant Program to provide grants to institutions of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and nonprofit organizations in Insular Areas for monitoring, collecting, synthesizing, analyzing, and publishing local climate change data, including ocean temperature, sea level rise, ocean acidification, and altered ocean currents data. (b) Authorization of appropriations \nTo carry out this section there is authorized to be appropriated to the Administrator $5,000,000 for each of the fiscal years 2022 through 2026.", "id": "HBB9A682323FF499397C477A7A3810D91", "header": "Climate Change Insular Research Grant Program" }, { "text": "302. Coastal management technical assistance and report \n(a) Technical assistance \n(1) In general \nThe Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the Office for Coastal Management, shall provide technical assistance to Insular Areas to enhance such entities’ coastal management and climate change programs. (2) Authorization of appropriations \nTo carry out this subsection there is authorized to be appropriated to the Administrator of the National Oceanic and Atmospheric Administration $5,000,000 for each of the fiscal years 2022 through 2026. (b) Annual report \nThe Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the Office for Coastal Management, shall submit an annual report to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of— (1) wetland, mangrove, and estuary conditions in Insular Areas; and (2) climate change impacts, including ecological, economic, and cultural impacts, in Insular Areas.", "id": "H9E3F5EB8DC4E4E3EAF101AFA57125660", "header": "Coastal management technical assistance and report" }, { "text": "303. National Weather Service technical assistance and grants \n(a) Technical assistance \n(1) In general \nThe Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the National Weather Service, shall provide technical assistance and outreach to Insular Areas through the San Juan, Tiyan, and Pago Pago Weather Forecast Offices of the National Weather Service. For the purposes of this section, the Administrator may also employ other agency entities as the Administrator deems necessary, in order to improve weather data collection and provide science, data, information, and impact-based decision support services to reduce hurricane, typhoon, droughts, tsunamis, tides, and sea level rise impacts in the Insular Areas. (2) Authorization of appropriations \nTo carry out this subsection there is authorized to be appropriated to the Administrator $5,000,000 for each of the fiscal years 2022 through 2026. (b) Grants \n(1) In general \nThe Administrator of the National Oceanic and Atmospheric Administration may provide grants to academic, nonprofit, and local entities to conduct climate change research to improve weather data collection and provide science, data, information, and impact-based decision support services to reduce hurricane, typhoon, droughts, tsunamis, tides, and sea level rise impacts in the Insular Areas. (2) Authorization of appropriations \nTo carry out this subsection there is authorized to be appropriated to the Administrator $5,000,000 for each of the fiscal years 2022 through 2026.", "id": "HFF9ED8E63BBE4506B96E4AB59260D764", "header": "National Weather Service technical assistance and grants" }, { "text": "304. Ocean and Coastal Mapping Integration Act \nSection 12204 of the Ocean and Coastal Mapping Integration Act ( 33 U.S.C. 3503 ) is amended— (1) in paragraph (12), by striking and ; (2) in paragraph (13), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (14) the study of Insular Areas and the effects of climate change.", "id": "H7443F5C253ED41FCADBA5E736E50EF96", "header": "Ocean and Coastal Mapping Integration Act" }, { "text": "401. Office of Insular Area Energy Policy and Programs \n(a) In general \nTitle II of the Department of Energy Organization Act ( 42 U.S.C. 7131 et seq. ) is amended by adding at the end the following: 218. Office of insular area energy policy and programs \n(a) Establishment \nThere is established within the Department an Office of Insular Area Energy Policy and Programs (referred to in this section as the Office ). The Office shall be headed by a Director, who shall be appointed by the Secretary and compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Duties \nThe Office shall— (1) direct, coordinate, implement, and monitor energy planning, education, management, conservation, and delivery programs of the Department to— (A) assist Insular Areas in developing comprehensive energy plans; (B) expand renewable energy and energy efficiency in Insular Areas; (C) reduce or stabilize energy costs in Insular Areas; (D) enhance and strengthen energy infrastructure in Insular Areas to withstand natural disasters; and (E) work with Insular Areas to develop improved regulatory and oversight conditions; and (2) centralize and align all ongoing Department of Energy efforts in the Insular Areas. (c) Annual report \nThe Director shall submit an annual report to the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the status of all projects undertaken and grants approved by the Office. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of the fiscal years 2022 through 2026. (e) Non-Federal Cost-Share waiver \nAny funding made available to Insular Areas by the Office of Insular Area Energy Policy and Programs under this or any other Federal law shall not be subject to a non-Federal share funding requirement.. (b) Conforming amendments \n(1) Table of contents \nThe table of contents of the Department of Energy Organization Act is amended by inserting after the item relating to section 217 the following: Sec. 218. Office of Insular Area Energy Policy and Programs.. (2) Positions at level iv \nSection 5315 of title 5, United States Code, is amended by inserting after the item related to the Director, Office of Science, Department of Energy the following new item: Director, Office of Insular Area Energy Policy and Programs, Department of Energy..", "id": "HDE618482FF534E95A4CA70F6F949519A", "header": "Office of Insular Area Energy Policy and Programs" }, { "text": "218. Office of insular area energy policy and programs \n(a) Establishment \nThere is established within the Department an Office of Insular Area Energy Policy and Programs (referred to in this section as the Office ). The Office shall be headed by a Director, who shall be appointed by the Secretary and compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Duties \nThe Office shall— (1) direct, coordinate, implement, and monitor energy planning, education, management, conservation, and delivery programs of the Department to— (A) assist Insular Areas in developing comprehensive energy plans; (B) expand renewable energy and energy efficiency in Insular Areas; (C) reduce or stabilize energy costs in Insular Areas; (D) enhance and strengthen energy infrastructure in Insular Areas to withstand natural disasters; and (E) work with Insular Areas to develop improved regulatory and oversight conditions; and (2) centralize and align all ongoing Department of Energy efforts in the Insular Areas. (c) Annual report \nThe Director shall submit an annual report to the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the status of all projects undertaken and grants approved by the Office. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of the fiscal years 2022 through 2026. (e) Non-Federal Cost-Share waiver \nAny funding made available to Insular Areas by the Office of Insular Area Energy Policy and Programs under this or any other Federal law shall not be subject to a non-Federal share funding requirement.", "id": "H968CF08E2F7A4CFBB85072CABEC6F57B", "header": "Office of insular area energy policy and programs" }, { "text": "402. Comprehensive energy plans \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Office of Insular Area Energy Policy and Programs in the Department of Energy, in consultation with the Office of Insular Affairs of the Department of the Interior, shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing— (1) the results of a study of the execution of the comprehensive energy plans required by section 9 of Public Law 113–235 ( 48 U.S.C. 1492a ), including— (A) initial, planned, and current sources of renewable energy; (B) initial, planned, and current energy imports; and (C) projected and actual energy needs during calendar year 2020 for each Insular Area; (2) the lessons learned from the preparation of these plans; (3) the date on which each plan was most recently updated; and (4) recommendations with respect to each Insular Area, on the need to update such plans. (b) Publication; public availability \nThe Secretary of Energy shall ensure that— (1) the report required by subsection (a) is published in the Federal Register for public comment for a period of not fewer than 60 days; and (2) the report required by subsection (a) and any comments received under subsection (b) are made available on a public website.", "id": "HEB0A58616527421C90A3A492E05EBDA5", "header": "Comprehensive energy plans" }, { "text": "403. Energy Efficient Product Rebate Program \n(a) Definitions \nIn this section: (1) Eligible territory \nThe term eligible territory means a territory that meets the requirements of subsection (c). (2) Energy star program \nThe term Energy Star program means the program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ). (3) Residential Energy Star product \nThe term residential Energy Star product means a product for a residence that is rated for energy efficiency under the Energy Star program. (4) Energy office \nThe term energy office means the government agency within the territory responsible for developing an energy conservation plan under section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 ). (5) Rebate program \nThe term rebate program means an energy efficient product rebate program described in subsection (c)(1). (b) Establishment \nThe Secretary of Energy shall establish a program, to be known as the Energy Efficient Product Rebate Program , under which the Director of the Office of Insular Area Energy Policy and Programs shall provide allocations to eligible territories in accordance with this section. (c) Eligible territories \nA territory shall be eligible to receive an allocation under subsection (d) if the territory— (1) establishes (or has established) an energy efficient product rebate program to provide rebates to residential consumers for the purchase of residential Energy Star products to replace used products of the same type; (2) establishes clear requirements to prevent illegal dumping of old products and the overflow of landfills, and ensure environmental justice; (3) submits an application for the allocation at such time, in such form, and containing such information as the Director of the Office of Insular Area Energy Policy and Programs may require; and (4) provides assurances satisfactory to the Director of the Office of Insular Area Energy Policy and Programs that the territory will use the allocation to supplement, but not supplant, funds made available to carry out the rebate program. (d) Amount of allocations \n(1) In general \nSubject to paragraph (2), for each of fiscal years 2022 through 2026, the Director of the Office of Insular Area Energy Policy and Programs shall allocate to the energy office of each eligible territory to carry out subsection (e) an amount equal to the product obtained by multiplying the amount made available under subsection (g) for the fiscal year by the ratio that the population of the territory in the most recent calendar year for which data are available bears to the total population of all eligible territories in that calendar year. (2) Minimum allocations \nFor each fiscal year, the amounts allocated under this subsection shall be adjusted proportionately so that no eligible territory is allocated a sum that is less than an amount determined by the Director. (e) Use of allocated funds \nAn allocation to an energy office under subsection (d) may be used to pay not more than 75 percent of the cost of establishing and carrying out a rebate program. (f) Issuance of rebates \nThe amount of a rebate provided under a rebate program shall be determined by the applicable energy office, taking into consideration— (1) the amount of the allocation to the energy office under subsection (d); (2) the amount of any tax incentive available for the purchase of the residential Energy Star product; and (3) the difference between the cost of the residential Energy Star product and the cost of a product that is not a residential Energy Star product, but is of the same type as, and is the nearest capacity, performance, and other relevant characteristics (as determined by the energy office) to, the residential Energy Star product. (g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2022 through 2026.", "id": "H656CBCF2B7544144A7FAFAD986B1EFFC", "header": "Energy Efficient Product Rebate Program" }, { "text": "404. Renewable Energy Grant Program \n(a) Definitions \nIn this section: (1) Covered entity \nThe term covered entity means a not-for-profit organization determined eligible by the Secretary for purposes of this section. (2) Department of energy national laboratories \nThe term Department of Energy national laboratories has the same meaning as the term National Laboratory under section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (3) Microgrid \nThe term microgrid means an electric system— (A) that serves the local community with a power generation and distribution system; and (B) that has the ability— (i) to disconnect from a traditional electric grid; and (ii) to operate autonomously when disconnected. (4) Program \nThe term Program means the Renewable Energy Grant Program established under subsection (b). (5) Smart grid \nThe term smart grid means an intelligent electric grid that uses digital communications technology, information systems, and automation to, while maintaining high system reliability— (A) detect and react to local changes in usage; (B) improve system operating efficiency; and (C) reduce spending costs. (b) Establishment \nNot later than 180 days after the date of the enactment of this Act, the Director of the Office of Insular Area Energy Policy and Programs (referred to in this section as the Director ) shall establish a Renewable Energy Grant Program under which the Director may award grants to covered entities to facilitate projects in Insular Areas described in subsection (d). (c) Applications \n(1) In general \nTo be eligible for a grant under the Program, a covered entity shall submit to the Director an application at such time, in such form, and containing such information as the Secretary may require. (2) Priority \nIn providing grants under the Program, the Director shall give priority to proposed projects that, as determined by the Director— (A) maximize public health benefits; (B) are the most cost-effective; and (C) serve areas with environmental justice communities— (i) in rural areas; or (ii) that are poor air quality areas. (d) Use of funds \n(1) In general \nA covered entity receiving a grant under the Program may use grant funds for a project, in territories of the United States— (A) to develop or construct a renewable energy system; (B) to carry out an activity to increase energy efficiency; (C) to develop or construct an energy storage system or device for— (i) a system developed or constructed under subparagraph (A); or (ii) an activity carried out under subparagraph (B); (D) to develop or construct— (i) a smart grid; or (ii) a microgrid; or (E) to train residents of territories of the United States to develop, construct, maintain, or operate a renewable energy system. (2) Limitation \nA covered entity receiving a grant under the Program may not use grant funds to develop or construct a facility that generates electricity using energy derived from— (A) fossil fuels; or (B) nuclear power. (e) Technical assistance \nThe Director shall ensure that Department of Energy national laboratories offer to provide technical assistance to each covered entity carrying out a project assisted with a grant under the Program. (f) Report \nNot later than two years after the establishment of the Program, and on an annual basis thereafter, the Secretary shall submit to Congress a report containing— (1) an estimate of the amount of funds disbursed under the Program; (2) an estimate of the energy conservation achieved as a result of the Program; (3) a description of challenges encountered in implementing projects described in subsection (d)(1); and (4) any recommendations as to additional legislative measures to increase the use of renewable energy in territories of the United States, as appropriate. (g) GAO study and report \n(1) Study and report \nNot later than 180 days after the date of enactment of this section, the Comptroller General of the United States shall— (A) conduct a study regarding renewable energy and energy efficiency in territories of the United States; and (B) submit to Congress a report containing— (i) the findings of the study; and (ii) related recommendations. (2) Components \nThe study conducted under paragraph (1) shall consider, in relation to territories of the United States, the potential— (A) to modify existing electric power systems to use renewable energy sources; (B) to expand the use of microgrids; and (C) to improve energy resiliency.", "id": "HFD5F572B2A444203A93CD746A40E77F5", "header": "Renewable Energy Grant Program" }, { "text": "405. Offshore wind for the territories \n(a) Application of outer continental shelf lands act with respect to territories of the united states \n(1) In general \nSection 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (A) in subsection (a), by inserting or lying within the exclusive economic zone of the United States and the Outer Continental Shelf adjacent to any territory of the United States, except that such term shall not include any area conveyed by Congress to a territorial government for administration after control ; (B) in subsection (p), by striking and after the semicolon at the end; (C) in subsection (q), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (r) The term State means the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.. (2) Exclusions \nSection 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended by adding at the end the following: (i) This section shall not apply to the scheduling of lease sales in the Outer Continental Shelf adjacent to the Territories of the United States.. (b) Wind lease sales for areas of outer continental shelf \nThe Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) is amended by adding at the end the following: 33. Wind lease sales for areas of Outer Continental Shelf \n(a) Authorization \nThe Secretary may conduct wind lease sales on the Outer Continental Shelf. (b) Wind lease sale procedure \nAny wind lease sale conducted under this section shall be considered a lease under section 8(p). (c) Wind lease sales off coasts of territories of the United States \n(1) Study on feasibility of conducting wind lease sales \n(A) In general \nThe Secretary shall conduct a study on the feasibility, including the technological and long-term economic feasibility, and the potential environmental effects of, conducting wind lease sales on an area of the Outer Continental Shelf within the territorial jurisdiction of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (B) Consultation \nIn conducting the study required in subparagraph (A), the Secretary shall consult— (i) the National Laboratories, as that term is defined in section 2 of the Energy Policy Act of 2005; (ii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and National Marine Fisheries Service; and (iii) the Governor of each of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (C) Publication \nThe study required in subparagraph (A) shall be published in the Federal Register for public comment for a period of not fewer than 60 days. (D) Submission of results \nNot later than 18 months after the date of enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to— (i) the Committee on Energy and Natural Resources of the Senate; (ii) the Committee on Natural Resources of the House of Representatives; and (iii) each Delegate or Resident Commissioner to the House of Representatives from American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (E) Public availability \nThe Secretary shall publish the study required under subparagraph (A) and results submitted under subparagraph (D) on a public website. (2) Call for information and nominations \nThe Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1). (3) Conditional wind lease sales \n(A) In general \nFor each territory, the Secretary shall conduct not less than 1 wind lease sale on an area of the Outer Continental Shelf within the territorial jurisdiction of such territory that meets each of the following criteria: (i) The study required under paragraph (1)(A) concluded that a wind lease sale on the area is feasible. (ii) The Secretary has determined that the call for information has generated sufficient interest for the area. (iii) The Secretary has consulted with the Secretary of Defense and other relevant Federal agencies regarding such a sale. (iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. (B) Exception \nIf no area of the Outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses (i) through (iv) of subparagraph (A), the requirement under subparagraph (A) shall not apply to such territory..", "id": "H47E7FC136CFF4AABB6D230253448C617", "header": "Offshore wind for the territories" }, { "text": "33. Wind lease sales for areas of Outer Continental Shelf \n(a) Authorization \nThe Secretary may conduct wind lease sales on the Outer Continental Shelf. (b) Wind lease sale procedure \nAny wind lease sale conducted under this section shall be considered a lease under section 8(p). (c) Wind lease sales off coasts of territories of the United States \n(1) Study on feasibility of conducting wind lease sales \n(A) In general \nThe Secretary shall conduct a study on the feasibility, including the technological and long-term economic feasibility, and the potential environmental effects of, conducting wind lease sales on an area of the Outer Continental Shelf within the territorial jurisdiction of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (B) Consultation \nIn conducting the study required in subparagraph (A), the Secretary shall consult— (i) the National Laboratories, as that term is defined in section 2 of the Energy Policy Act of 2005; (ii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and National Marine Fisheries Service; and (iii) the Governor of each of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (C) Publication \nThe study required in subparagraph (A) shall be published in the Federal Register for public comment for a period of not fewer than 60 days. (D) Submission of results \nNot later than 18 months after the date of enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to— (i) the Committee on Energy and Natural Resources of the Senate; (ii) the Committee on Natural Resources of the House of Representatives; and (iii) each Delegate or Resident Commissioner to the House of Representatives from American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (E) Public availability \nThe Secretary shall publish the study required under subparagraph (A) and results submitted under subparagraph (D) on a public website. (2) Call for information and nominations \nThe Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1). (3) Conditional wind lease sales \n(A) In general \nFor each territory, the Secretary shall conduct not less than 1 wind lease sale on an area of the Outer Continental Shelf within the territorial jurisdiction of such territory that meets each of the following criteria: (i) The study required under paragraph (1)(A) concluded that a wind lease sale on the area is feasible. (ii) The Secretary has determined that the call for information has generated sufficient interest for the area. (iii) The Secretary has consulted with the Secretary of Defense and other relevant Federal agencies regarding such a sale. (iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. (B) Exception \nIf no area of the Outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses (i) through (iv) of subparagraph (A), the requirement under subparagraph (A) shall not apply to such territory.", "id": "HD4E6AA73DA3F4E27A5FE006D75413A5E", "header": "Wind lease sales for areas of Outer Continental Shelf" }, { "text": "406. State Energy Program non-Federal cost-share waiver \nFunding made available to a territory under the Department of Energy’s State Energy Program ( 42 U.S.C. 6321 et seq. ) shall not be subject to a non-Federal share funding requirement.", "id": "H49CE98BAE07F4F9380C8A002EA74DE97", "header": "State Energy Program non-Federal cost-share waiver" }, { "text": "501. Definitions \nIn this title: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Director \nThe term Director means the Director of the Insular Area National Program Office. (3) Eligible entity \nThe term eligible entity means each of the following: (A) A government, municipality, agency, or instrumentality of a territory. (B) A private, nonprofit organization or institution. (C) An institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), except that such term does not include private, nonprofit institutions of higher education). (D) Any combination of entities described in subparagraphs (A) through (C), including partnerships and consortiums of local governments. (4) Office \nThe term Office means the Insular Area National Program Office established by section 502. (5) Renewable energy \nThe term renewable energy means energy that has been derived from Earth’s natural resources that are not finite or exhaustible, including solar, wind, hydroelectric, geothermal, ocean (thermal and mechanics).", "id": "H067560E8318D442AB72A28838316F49C", "header": "Definitions" }, { "text": "502. Insular Area National Program Office \n(a) Establishment \nThere is established within the Environmental Protection Agency an office, to be known as the Insular Area National Program Office. The Office shall be headed by a Director, who shall be appointed by the Administrator and compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Duties \nThe Director shall— (1) direct, coordinate, implement, and monitor programs of the Environmental Protection Agency to— (A) build, enhance, and strengthen infrastructure in Insular Areas to withstand natural disasters; (B) expand renewable energy and energy efficiency in Insular Areas; and (C) provide technical assistance in Insular Areas; and (2) centralize and align all ongoing Environmental Protection Agency efforts in the Insular Areas. (c) Annual report \nThe Director shall submit an annual report to the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate on the status of all projects undertaken and grants approved by the Office. (d) Authorization of appropriations \nFor the Insular Area National Program Office, there is authorized to be appropriated to the Administrator $20,000,000 for each of the fiscal years 2022 through 2026. (e) Non-Federal Cost-Share waiver \nAny funding made available to Insular Areas by the Office shall not be subject to a non-Federal share funding requirement.", "id": "H830E80D209B74F53B4C812767E36382E", "header": "Insular Area National Program Office" }, { "text": "503. Insular Area Sustainable Infrastructure Grant Program \n(a) Establishment \nNot later than 180 days after the date of the enactment of this Act, the Director of the Insular Area National Program Office shall establish and carry out a program, to be known as the Insular Area Sustainable Infrastructure Grant Program, to provide grants to eligible entities in the Insular Areas to build, enhance, and strengthen infrastructure systems in Insular Areas to withstand natural disasters, including drinking water systems, septic systems, stormwater systems, and solid waste systems. (b) Use of funds \nAn eligible entity that receives a grant for infrastructure system projects under the Insular Area Sustainable Infrastructure Grant Program may use such funds for— (1) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, and replacement activities; and (3) the acquisition of real property or an interest in real property (including land relating to the project, and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment. (c) Applications \n(1) Inclusions \nAn application under this subsection shall include— (A) a description of the project proposed by the eligible entity; (B) an evaluation (using methodology approved by the Director) of the quantifiable and unquantifiable benefits of the proposed project; (C) an estimate of the cost of the proposed project; and (D) a description of the age and expected lifetime of the infrastructure system funded by the project. (2) Priority \nIn providing grants under this section, the Director shall give priority to proposed projects that, as determined by the Director— (A) maximize public health benefits; (B) are the most cost effective; and (C) serve areas with environmental justice communities— (i) in rural remote areas; or (ii) that have challenged environmental conditions. (3) Application Guidance and Processes \nThe Director shall provide Insular Areas— (A) guidance for use in applying for grant funds under this section, including information regarding— (i) the process and forms for applications; (ii) permissible uses of funds received; and (iii) an annual deadline for submission of the applications; (B) a process by which the Director shall approve or disapprove each application; and (C) a streamlined process by which an Insular Area may renew an application described in subparagraph (A) for subsequent fiscal years. (d) Limitation on use of funds \n(1) Office \nThe Director shall use 100 percent of the funds made available to carry out this section to provide grants, on a competitive basis, to eligible entities in Insular Areas. (2) Grant recipient \nAn eligible entity may use not more than 10 percent of a grant provided under this section for administrative expenses of an approved project. (e) Authorization of appropriations \nTo carry out this section there is authorized to be appropriated to the Administrator $50,000,000 for each of the fiscal years 2022 through 2026.", "id": "HB7463707872447068A980F97908BF752", "header": "Insular Area Sustainable Infrastructure Grant Program" }, { "text": "504. Insular Area Renewable Energy Grant Program \n(a) Establishment \nNot later than 180 days after the date of enactment of this Act, the Director of the Insular Area National Program Office shall establish and carry out a program, to be known as the Insular Area Renewable Energy Grant Program to provide grants to eligible entities in the Insular Areas to expand renewable energy and energy efficiency in the Insular Areas. (b) Eligibility \n(1) Projects eligible for assistance \nThe following projects may be carried out with amounts made available under this section: (A) Construction of a new renewable energy system. (B) A project for energy redundancy and resilience based on renewable energy and for hurricane and storm damage reduction on renewable energy systems that the Director determines is technically sound, economically justified, and environmentally acceptable. (C) A project for enhanced energy efficiency in the operation of infrastructure that belongs to an eligible entity. (D) A project for repair, rehabilitation, or replacement of a renewable energy system. (E) A project to prevent, reduce, or mitigate the effects of hurricanes or storms, including projects that enhance the resilience of renewable energy systems. (F) Acquisition of real property or an interest in real property— (i) if the acquisition is integral to a project described in subparagraphs (A) through (D); or (ii) pursuant to an existing plan that, in the judgment of the Director, as applicable, would mitigate the environmental impacts of renewable energy system infrastructure projects. (G) A combination of projects under subparagraphs (A) through (F). (2) Activities eligible for assistance \nAn eligible entity may use a grant provided under this section for, with respect to an eligible project— (A) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (B) construction, reconstruction, rehabilitation, and replacement activities; and (C) the acquisition of real property or an interest in real property (including land relating to the project, and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment. (c) Applications \n(1) Inclusions \nAn application under this subsection shall include— (A) a description of the project proposed by the eligible entity; (B) an evaluation (using methodology approved by the Director) of the quantifiable and unquantifiable benefits of the proposed project; (C) an estimate of the cost of the proposed project; and (D) a description of the age and expected lifetime of a renewable energy or energy efficiency system funded by the project. (2) Priority \nIn providing grants under this section, the Director shall give priority to proposed projects that, as determined by the Director— (A) maximize public health benefits; (B) are the most cost effective; and (C) serve areas with environmental justice communities— (i) in rural remote areas; or (ii) that are poor air quality areas. (3) Application Guidance and Processes \nThe Director shall provide Insular Areas— (A) guidance for use in applying for grant funds under this section, including information regarding— (i) the process and forms for applications; (ii) permissible uses of funds received; and (iii) an annual deadline for submission of the applications; (B) a process by which the Director shall approve or disapprove each application; and (C) a streamlined process by which an Insular Area may renew an application described in subparagraph (A) for subsequent fiscal years. (d) Limitation on use of funds \n(1) Office \nThe Director shall use 100 percent of the funds made available to carry out this section to provide grants, on a competitive basis, to eligible entities in Insular Areas. (2) Grant recipient \nAn eligible entity may use not more than 10 percent of a grant provided under this section to fund administrative expenses of an approved project. (e) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated to the Administrator $50,000,000 for each of the fiscal years 2022 through 2026.", "id": "H449F6F53228B4A8EB8326DEDD250A126", "header": "Insular Area Renewable Energy Grant Program" }, { "text": "505. Insular Area Technical Assistance Program \n(a) In general \nThe Director shall establish a program, to be known as the Insular Area Technical Assistance Program, to provide technical assistance to Insular Areas relating to climate change planning, mitigation, adaptation, and resilience. (b) Authorization of appropriations \nThere is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of the fiscal years 2022 through 2026.", "id": "HBC122B612E2C4EECBD0C573E38B2DF74", "header": "Insular Area Technical Assistance Program" }, { "text": "601. Community disaster loans repayment cancellation \nNotwithstanding any other provision of law, repayment of a loan made to a local government in an Insular Area under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ), including any interest on such loan, shall be canceled.", "id": "H474D06A0003749AA81D0BA45C3E17108", "header": "Community disaster loans repayment cancellation" }, { "text": "602. Disaster relief non-Federal cost-share waiver \nFunding made available to an Insular Area for disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) shall not be subject to a non-Federal share funding requirement.", "id": "H7B4EC1C8189D44D98EDFED5AEBD3835D", "header": "Disaster relief non-Federal cost-share waiver" }, { "text": "701. Sense of Congress regarding the threat of climate change \nIt is the sense of Congress that— (1) climate change is an existential threat to the Freely Associated States; and (2) the United States should examine additional ways to help the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau address and mitigate the impacts of climate change and rising sea level through their respective Compacts of Free Association.", "id": "idDB2A89B289DA42BDA7286FFFF025252C", "header": "Sense of Congress regarding the threat of climate change" } ]
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1. Short title This Act may be cited as the Insular Area Climate Change Act. 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Findings. TITLE I—General Provisions Sec. 101. Insular Area Climate Change Interagency Task Force. Sec. 102. Non-Federal cost-share waiver. Sec. 103. Coral reefs prize competitions. TITLE II—Department of the Interior Sec. 201. Office of Insular Affairs Technical Assistance Program. Sec. 202. Runit Dome report and monitoring activities. TITLE III—National Oceanic and Atmospheric Administration Sec. 301. Climate Change Insular Research Grant Program. Sec. 302. Coastal management technical assistance and report. Sec. 303. National Weather Service technical assistance and grants. Sec. 304. Ocean and Coastal Mapping Integration Act. TITLE IV—Department of Energy Sec. 401. Office of Insular Area Energy Policy and Programs. Sec. 402. Comprehensive energy plans. Sec. 403. Energy Efficient Product Rebate Program. Sec. 404. Renewable Energy Grant Program. Sec. 405. Offshore wind for the territories. Sec. 406. State Energy Program non-Federal cost-share waiver. TITLE V—Environmental Protection Agency Sec. 501. Definitions. Sec. 502. Insular Area National Program Office. Sec. 503. Insular Area Sustainable Infrastructure Grant Program. Sec. 504. Insular Area Renewable Energy Grant Program. Sec. 505. Insular Area Technical Assistance Program. TITLE VI—Emergency Management Sec. 601. Community disaster loans repayment cancellation. Sec. 602. Disaster relief non-Federal cost-share waiver. TITLE VII—Sense of Congress regarding the threat of climate change Sec. 701. Sense of Congress regarding the threat of climate change. 3. Definitions In this Act, the following definitions apply: (1) Adaptation The term adaptation means the capacity of natural and human systems to adjust to climate change or its impacts in a matter that will reduce damage or take advantage of any beneficial aspects. (2) Freely associated states The term Freely Associated States means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (3) Insular areas The term Insular Areas means the territories and Freely Associated States. (4) Mitigation The term mitigation means measures and initiatives that would limit or reduce greenhouse gas emissions. (5) Resilience The term resilience means the capacity of natural and human systems to resist, assimilate, and recover from the effects of climate change in an efficient and timely manner, maintaining or restoring basic structures and essential functions. (6) Renewable energy The term renewable energy means energy that has been derived from Earth’s natural resources that are not finite or exhaustible, including solar, wind, hydroelectric, geothermal, and ocean (thermal and mechanics). (7) Renewable energy system The term renewable energy system includes off-grid or stand-alone systems, microgrids, nano grids, and virtual power plants systems based on renewable energy sources, including storage and other related ancillary equipment. These may also be referred to as eligible projects. Waste to energy are not considered as eligible projects. (8) Territories The term territories means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States. (9) Territory The term territory means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the Virgin Islands of the United States. 4. Findings Congress finds as follows: (1) The Insular Areas are topographically and environmentally diverse and treasured by millions of individuals who call them home. (2) The territories in the Caribbean (Puerto Rico and the Virgin Islands of the United States) and the territories in the Pacific (American Samoa, the Commonwealth of the Northern Mariana Islands, and Guam) face many of the same climate change-related challenges. Freely Associated States face similar climate change-related vulnerabilities. (3) Insular Areas are experiencing sea level rise, coastal erosion, and increasing storm impacts that threaten lives, critical infrastructure, ecosystems, and livelihood security. (4) Sea level rise from climate change poses an existential threat to low-lying Insular Areas, including the Republic of the Marshall Islands, the impacts of which could significantly undermine the strategic, economic, and defense interests of the United States. (5) Temperature increases are likely to further create and intensify the length of droughts, reduce water supply, impact public health, and increase demand of freshwater in Insular Areas. In addition, temperature increases will drive coral reefs to extinction, eliminating a natural barrier against storm surge, increasing destruction of infrastructure, and threatening lives of the inhabitants of the islands. (6) In 2017, two major storms, Hurricane Irma and Hurricane Maria, impacted Puerto Rico and the Virgin Islands of the United States. Hurricane Maria caused thousands of deaths in Puerto Rico and the Virgin Islands of the United States and significant damage to their infrastructure, including Puerto Rico’s energy system. Hurricane Maria destroyed millions of trees in Puerto Rico and the Virgin Islands of the United States, which has significantly increased erosion and sediment transport. As a result, reservoirs have lost significant storage capacity and coral reefs are severely impacted. (7) In 2018, Typhoon Yutu impacted the Commonwealth of the Northern Mariana Islands and Guam, causing catastrophic destruction in those territories. 101. Insular Area Climate Change Interagency Task Force (a) Establishment of task force Not later than 90 days after the date of the enactment of this Act, the following shall jointly establish the Insular Area Climate Change Interagency Task Force (hereafter in this section referred to as the Task Force ): (1) The Secretary of the Interior. (2) The Secretary of Energy. (3) The Secretary of State. (4) The Secretary of Housing and Urban Development. (5) The Secretary of Agriculture. (6) The Secretary of Commerce. (7) The Administrator of the Federal Emergency Management Agency. (8) The Administrator of the Environmental Protection Agency. (b) Chairperson The Task Force shall be chaired by the Administrator of the Federal Emergency Management Agency. (c) Duties The Task Force shall— (1) evaluate all Federal programs regarding ways to provide greater access to Federal programs and equitable baseline funding in relation to States, to territories for climate change planning, mitigation, adaptation, and resilience; (2) identify statutory barriers to providing territories greater access to Federal programs and equitable baseline funding; and (3) provide recommendations related to climate change in Insular Areas in consultation with local governments and non-governmental organizations in Insular Areas with expertise on climate change. (d) Comprehensive report Not later than 1 year after the establishment of the Task Force, the Task Force, in consultation with Insular Area governments, shall issue a comprehensive report that— (1) identifies Federal programs that have an impact on climate change planning, mitigation, adaptation, and resilience, but exclude territories in regard to eligibility, funding, and assistance, or do not provide equitable baseline funding in relation to States; and (2) provides advice and recommendations related to climate change in Insular Areas, such as new suggested Federal programs or initiatives. (e) Publication; public availability The Administrator of the Federal Emergency Management Agency shall ensure that the report required under subsection (d) is— (1) submitted to the Committees on Energy and Commerce and Natural Resources of the House of Representatives, and Energy and Natural Resources of the Senate; (2) published in the Federal Register for public comment for a period of at least 60 days; and (3) made available on a public website along with any comments received during the public comment period required under paragraph (2). 102. Non-Federal cost-share waiver Section 501 of Public Law 95–134 (commonly known as the Omnibus Territories Act of 1977 ) ( 48 U.S.C. 1469a ), is amended by adding at the end the following: (e) Notwithstanding any other provision of law, in the case of the Insular Areas, any department or agency shall waive any requirement for non-Federal matching funds under $750,000 (including in-kind contributions) required by law to be provided by those jurisdictions.. 103. Coral reefs prize competitions (a) Prize competitions The Director of the Office of Science and Technology Policy shall work with the head of each Federal agency represented on the U.S. Coral Reef Task Force established under Executive Order 13089 (63 Fed. Reg. 32701) to establish prize competitions, in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ), that promote coral reef research and conservation in the Insular Areas, the State of Hawaii or Florida, or any other area in the United States or Insular Areas, as determined by the Director of the Office of Science and Technology Policy, facing a significant ecological threat due to coral reef die-offs. (b) Waiver of matching requirement Section 204(b)(2) of the Coral Reef Conservation Act of 2000 ( 16 U.S.C. 6403(b)(2) ) is amended— (1) by striking the paragraph designation and all that follows through The Administrator and inserting the following: (2) Waivers (A) In general The Administrator ; and (2) by adding at the end the following: (B) Sustaining coral reef management and monitoring The Administrator shall waive the matching requirement under paragraph (1) for grants to implement State and territorial coral reef conservation cooperative agreements to sustain coral reef management and monitoring in the State of Florida or Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, or the United States Virgin Islands.. 201. Office of Insular Affairs Technical Assistance Program (a) In general The Secretary of the Interior, acting through the Office of Insular Affairs Technical Assistance Program, shall provide technical assistance for climate change planning, mitigation, adaptation, and resilience to Insular Areas under the jurisdiction of such Program. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior to carry out this section $5,000,000 for each of the fiscal years 2022 through 2026. 202. Runit Dome report and monitoring activities (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committees on Natural Resources and Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources of the Senate, a report, prepared by independent experts not employed by the U.S. government, on the impacts of climate change on the Runit Dome nuclear waste disposal site in Enewetak Atoll, Marshall Islands, and on other environmental hazards in the vicinity thereof. The report shall include the following: (1) A detailed scientific analysis of any threats to the environment, and to the health and safety of Enewetak Atoll residents, posed by each of the following: (A) The Runit Dome nuclear waste disposal site. (B) Crypts used to contain nuclear waste and other toxins on Enewetak Atoll. (C) Radionuclides and other toxins present in the lagoon of Enewetak Atoll, including areas in the lagoon where nuclear waste was dumped. (D) Radionuclides and other toxins, including beryllium, which may be present on the islands of Enewetak Atoll as a result of nuclear tests and other activities of the U.S. government, including tests of chemical and biological warfare agents, rocket tests, contaminated aircraft landing on Enewetak Island, and nuclear cleanup activities. (E) Radionuclides and other toxins that may be present in the drinking water on Enewetak Island or in the water source for the desalination plant. (F) Radionuclides and other toxins that may be present in the groundwater under and in the vicinity of the nuclear waste disposal facility on Runit Island. (2) A detailed scientific analysis of the extent to which rising sea levels, severe weather events and other effects of climate change might exacerbate any of the threats identified above. (3) A detailed plan, including costs, to relocate all of the nuclear waste and other toxic waste contained in— (A) the Runit Dome nuclear waste disposal site; (B) all of the crypts on Enewetak Atoll containing such waste; and (C) the three dumping areas in Enewetak’s lagoon to a safe, secure facility to be constructed in an uninhabited, unincorporated territory of the United States. (b) Marshallese participation The Secretary of the Interior shall allow scientists or other experts selected by the Republic of the Marshall Islands to participate in all aspects of the preparation of the report required by subsection (a), including, without limitation, developing the work plan, identifying questions, conducting research, and collecting and interpreting data. (c) Publication The report required in subsection (a) shall be published in the Federal Register for public comment for a period of not fewer than 60 days. (d) Public availability The Secretary of the Interior shall publish the study required under subsection (a) and results submitted under subsection (b) on a public website. (e) Authorization of appropriation for report It is hereby authorized to be appropriated to the Department of the Interior, Office of Insular Affairs, for fiscal year 2022 such sums as may be necessary to produce the report required in subsection (a). (f) Indefinite authorization of appropriation for Runit Dome monitoring activities It is hereby authorized to be appropriated to the Department of Energy such sums as may be necessary to comply with the requirements of section 103(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 ( 42 U.S.C. 1921b(f)(1)(B) ). 301. Climate Change Insular Research Grant Program (a) In general The Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Insular Research Grant Program to provide grants to institutions of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and nonprofit organizations in Insular Areas for monitoring, collecting, synthesizing, analyzing, and publishing local climate change data, including ocean temperature, sea level rise, ocean acidification, and altered ocean currents data. (b) Authorization of appropriations To carry out this section there is authorized to be appropriated to the Administrator $5,000,000 for each of the fiscal years 2022 through 2026. 302. Coastal management technical assistance and report (a) Technical assistance (1) In general The Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the Office for Coastal Management, shall provide technical assistance to Insular Areas to enhance such entities’ coastal management and climate change programs. (2) Authorization of appropriations To carry out this subsection there is authorized to be appropriated to the Administrator of the National Oceanic and Atmospheric Administration $5,000,000 for each of the fiscal years 2022 through 2026. (b) Annual report The Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the Office for Coastal Management, shall submit an annual report to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of— (1) wetland, mangrove, and estuary conditions in Insular Areas; and (2) climate change impacts, including ecological, economic, and cultural impacts, in Insular Areas. 303. National Weather Service technical assistance and grants (a) Technical assistance (1) In general The Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the National Weather Service, shall provide technical assistance and outreach to Insular Areas through the San Juan, Tiyan, and Pago Pago Weather Forecast Offices of the National Weather Service. For the purposes of this section, the Administrator may also employ other agency entities as the Administrator deems necessary, in order to improve weather data collection and provide science, data, information, and impact-based decision support services to reduce hurricane, typhoon, droughts, tsunamis, tides, and sea level rise impacts in the Insular Areas. (2) Authorization of appropriations To carry out this subsection there is authorized to be appropriated to the Administrator $5,000,000 for each of the fiscal years 2022 through 2026. (b) Grants (1) In general The Administrator of the National Oceanic and Atmospheric Administration may provide grants to academic, nonprofit, and local entities to conduct climate change research to improve weather data collection and provide science, data, information, and impact-based decision support services to reduce hurricane, typhoon, droughts, tsunamis, tides, and sea level rise impacts in the Insular Areas. (2) Authorization of appropriations To carry out this subsection there is authorized to be appropriated to the Administrator $5,000,000 for each of the fiscal years 2022 through 2026. 304. Ocean and Coastal Mapping Integration Act Section 12204 of the Ocean and Coastal Mapping Integration Act ( 33 U.S.C. 3503 ) is amended— (1) in paragraph (12), by striking and ; (2) in paragraph (13), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (14) the study of Insular Areas and the effects of climate change. 401. Office of Insular Area Energy Policy and Programs (a) In general Title II of the Department of Energy Organization Act ( 42 U.S.C. 7131 et seq. ) is amended by adding at the end the following: 218. Office of insular area energy policy and programs (a) Establishment There is established within the Department an Office of Insular Area Energy Policy and Programs (referred to in this section as the Office ). The Office shall be headed by a Director, who shall be appointed by the Secretary and compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Duties The Office shall— (1) direct, coordinate, implement, and monitor energy planning, education, management, conservation, and delivery programs of the Department to— (A) assist Insular Areas in developing comprehensive energy plans; (B) expand renewable energy and energy efficiency in Insular Areas; (C) reduce or stabilize energy costs in Insular Areas; (D) enhance and strengthen energy infrastructure in Insular Areas to withstand natural disasters; and (E) work with Insular Areas to develop improved regulatory and oversight conditions; and (2) centralize and align all ongoing Department of Energy efforts in the Insular Areas. (c) Annual report The Director shall submit an annual report to the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the status of all projects undertaken and grants approved by the Office. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of the fiscal years 2022 through 2026. (e) Non-Federal Cost-Share waiver Any funding made available to Insular Areas by the Office of Insular Area Energy Policy and Programs under this or any other Federal law shall not be subject to a non-Federal share funding requirement.. (b) Conforming amendments (1) Table of contents The table of contents of the Department of Energy Organization Act is amended by inserting after the item relating to section 217 the following: Sec. 218. Office of Insular Area Energy Policy and Programs.. (2) Positions at level iv Section 5315 of title 5, United States Code, is amended by inserting after the item related to the Director, Office of Science, Department of Energy the following new item: Director, Office of Insular Area Energy Policy and Programs, Department of Energy.. 218. Office of insular area energy policy and programs (a) Establishment There is established within the Department an Office of Insular Area Energy Policy and Programs (referred to in this section as the Office ). The Office shall be headed by a Director, who shall be appointed by the Secretary and compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Duties The Office shall— (1) direct, coordinate, implement, and monitor energy planning, education, management, conservation, and delivery programs of the Department to— (A) assist Insular Areas in developing comprehensive energy plans; (B) expand renewable energy and energy efficiency in Insular Areas; (C) reduce or stabilize energy costs in Insular Areas; (D) enhance and strengthen energy infrastructure in Insular Areas to withstand natural disasters; and (E) work with Insular Areas to develop improved regulatory and oversight conditions; and (2) centralize and align all ongoing Department of Energy efforts in the Insular Areas. (c) Annual report The Director shall submit an annual report to the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the status of all projects undertaken and grants approved by the Office. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of the fiscal years 2022 through 2026. (e) Non-Federal Cost-Share waiver Any funding made available to Insular Areas by the Office of Insular Area Energy Policy and Programs under this or any other Federal law shall not be subject to a non-Federal share funding requirement. 402. Comprehensive energy plans (a) In general Not later than 1 year after the date of the enactment of this Act, the Office of Insular Area Energy Policy and Programs in the Department of Energy, in consultation with the Office of Insular Affairs of the Department of the Interior, shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing— (1) the results of a study of the execution of the comprehensive energy plans required by section 9 of Public Law 113–235 ( 48 U.S.C. 1492a ), including— (A) initial, planned, and current sources of renewable energy; (B) initial, planned, and current energy imports; and (C) projected and actual energy needs during calendar year 2020 for each Insular Area; (2) the lessons learned from the preparation of these plans; (3) the date on which each plan was most recently updated; and (4) recommendations with respect to each Insular Area, on the need to update such plans. (b) Publication; public availability The Secretary of Energy shall ensure that— (1) the report required by subsection (a) is published in the Federal Register for public comment for a period of not fewer than 60 days; and (2) the report required by subsection (a) and any comments received under subsection (b) are made available on a public website. 403. Energy Efficient Product Rebate Program (a) Definitions In this section: (1) Eligible territory The term eligible territory means a territory that meets the requirements of subsection (c). (2) Energy star program The term Energy Star program means the program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ). (3) Residential Energy Star product The term residential Energy Star product means a product for a residence that is rated for energy efficiency under the Energy Star program. (4) Energy office The term energy office means the government agency within the territory responsible for developing an energy conservation plan under section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 ). (5) Rebate program The term rebate program means an energy efficient product rebate program described in subsection (c)(1). (b) Establishment The Secretary of Energy shall establish a program, to be known as the Energy Efficient Product Rebate Program , under which the Director of the Office of Insular Area Energy Policy and Programs shall provide allocations to eligible territories in accordance with this section. (c) Eligible territories A territory shall be eligible to receive an allocation under subsection (d) if the territory— (1) establishes (or has established) an energy efficient product rebate program to provide rebates to residential consumers for the purchase of residential Energy Star products to replace used products of the same type; (2) establishes clear requirements to prevent illegal dumping of old products and the overflow of landfills, and ensure environmental justice; (3) submits an application for the allocation at such time, in such form, and containing such information as the Director of the Office of Insular Area Energy Policy and Programs may require; and (4) provides assurances satisfactory to the Director of the Office of Insular Area Energy Policy and Programs that the territory will use the allocation to supplement, but not supplant, funds made available to carry out the rebate program. (d) Amount of allocations (1) In general Subject to paragraph (2), for each of fiscal years 2022 through 2026, the Director of the Office of Insular Area Energy Policy and Programs shall allocate to the energy office of each eligible territory to carry out subsection (e) an amount equal to the product obtained by multiplying the amount made available under subsection (g) for the fiscal year by the ratio that the population of the territory in the most recent calendar year for which data are available bears to the total population of all eligible territories in that calendar year. (2) Minimum allocations For each fiscal year, the amounts allocated under this subsection shall be adjusted proportionately so that no eligible territory is allocated a sum that is less than an amount determined by the Director. (e) Use of allocated funds An allocation to an energy office under subsection (d) may be used to pay not more than 75 percent of the cost of establishing and carrying out a rebate program. (f) Issuance of rebates The amount of a rebate provided under a rebate program shall be determined by the applicable energy office, taking into consideration— (1) the amount of the allocation to the energy office under subsection (d); (2) the amount of any tax incentive available for the purchase of the residential Energy Star product; and (3) the difference between the cost of the residential Energy Star product and the cost of a product that is not a residential Energy Star product, but is of the same type as, and is the nearest capacity, performance, and other relevant characteristics (as determined by the energy office) to, the residential Energy Star product. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2022 through 2026. 404. Renewable Energy Grant Program (a) Definitions In this section: (1) Covered entity The term covered entity means a not-for-profit organization determined eligible by the Secretary for purposes of this section. (2) Department of energy national laboratories The term Department of Energy national laboratories has the same meaning as the term National Laboratory under section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (3) Microgrid The term microgrid means an electric system— (A) that serves the local community with a power generation and distribution system; and (B) that has the ability— (i) to disconnect from a traditional electric grid; and (ii) to operate autonomously when disconnected. (4) Program The term Program means the Renewable Energy Grant Program established under subsection (b). (5) Smart grid The term smart grid means an intelligent electric grid that uses digital communications technology, information systems, and automation to, while maintaining high system reliability— (A) detect and react to local changes in usage; (B) improve system operating efficiency; and (C) reduce spending costs. (b) Establishment Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Insular Area Energy Policy and Programs (referred to in this section as the Director ) shall establish a Renewable Energy Grant Program under which the Director may award grants to covered entities to facilitate projects in Insular Areas described in subsection (d). (c) Applications (1) In general To be eligible for a grant under the Program, a covered entity shall submit to the Director an application at such time, in such form, and containing such information as the Secretary may require. (2) Priority In providing grants under the Program, the Director shall give priority to proposed projects that, as determined by the Director— (A) maximize public health benefits; (B) are the most cost-effective; and (C) serve areas with environmental justice communities— (i) in rural areas; or (ii) that are poor air quality areas. (d) Use of funds (1) In general A covered entity receiving a grant under the Program may use grant funds for a project, in territories of the United States— (A) to develop or construct a renewable energy system; (B) to carry out an activity to increase energy efficiency; (C) to develop or construct an energy storage system or device for— (i) a system developed or constructed under subparagraph (A); or (ii) an activity carried out under subparagraph (B); (D) to develop or construct— (i) a smart grid; or (ii) a microgrid; or (E) to train residents of territories of the United States to develop, construct, maintain, or operate a renewable energy system. (2) Limitation A covered entity receiving a grant under the Program may not use grant funds to develop or construct a facility that generates electricity using energy derived from— (A) fossil fuels; or (B) nuclear power. (e) Technical assistance The Director shall ensure that Department of Energy national laboratories offer to provide technical assistance to each covered entity carrying out a project assisted with a grant under the Program. (f) Report Not later than two years after the establishment of the Program, and on an annual basis thereafter, the Secretary shall submit to Congress a report containing— (1) an estimate of the amount of funds disbursed under the Program; (2) an estimate of the energy conservation achieved as a result of the Program; (3) a description of challenges encountered in implementing projects described in subsection (d)(1); and (4) any recommendations as to additional legislative measures to increase the use of renewable energy in territories of the United States, as appropriate. (g) GAO study and report (1) Study and report Not later than 180 days after the date of enactment of this section, the Comptroller General of the United States shall— (A) conduct a study regarding renewable energy and energy efficiency in territories of the United States; and (B) submit to Congress a report containing— (i) the findings of the study; and (ii) related recommendations. (2) Components The study conducted under paragraph (1) shall consider, in relation to territories of the United States, the potential— (A) to modify existing electric power systems to use renewable energy sources; (B) to expand the use of microgrids; and (C) to improve energy resiliency. 405. Offshore wind for the territories (a) Application of outer continental shelf lands act with respect to territories of the united states (1) In general Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (A) in subsection (a), by inserting or lying within the exclusive economic zone of the United States and the Outer Continental Shelf adjacent to any territory of the United States, except that such term shall not include any area conveyed by Congress to a territorial government for administration after control ; (B) in subsection (p), by striking and after the semicolon at the end; (C) in subsection (q), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (r) The term State means the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.. (2) Exclusions Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended by adding at the end the following: (i) This section shall not apply to the scheduling of lease sales in the Outer Continental Shelf adjacent to the Territories of the United States.. (b) Wind lease sales for areas of outer continental shelf The Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) is amended by adding at the end the following: 33. Wind lease sales for areas of Outer Continental Shelf (a) Authorization The Secretary may conduct wind lease sales on the Outer Continental Shelf. (b) Wind lease sale procedure Any wind lease sale conducted under this section shall be considered a lease under section 8(p). (c) Wind lease sales off coasts of territories of the United States (1) Study on feasibility of conducting wind lease sales (A) In general The Secretary shall conduct a study on the feasibility, including the technological and long-term economic feasibility, and the potential environmental effects of, conducting wind lease sales on an area of the Outer Continental Shelf within the territorial jurisdiction of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (B) Consultation In conducting the study required in subparagraph (A), the Secretary shall consult— (i) the National Laboratories, as that term is defined in section 2 of the Energy Policy Act of 2005; (ii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and National Marine Fisheries Service; and (iii) the Governor of each of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (C) Publication The study required in subparagraph (A) shall be published in the Federal Register for public comment for a period of not fewer than 60 days. (D) Submission of results Not later than 18 months after the date of enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to— (i) the Committee on Energy and Natural Resources of the Senate; (ii) the Committee on Natural Resources of the House of Representatives; and (iii) each Delegate or Resident Commissioner to the House of Representatives from American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (E) Public availability The Secretary shall publish the study required under subparagraph (A) and results submitted under subparagraph (D) on a public website. (2) Call for information and nominations The Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1). (3) Conditional wind lease sales (A) In general For each territory, the Secretary shall conduct not less than 1 wind lease sale on an area of the Outer Continental Shelf within the territorial jurisdiction of such territory that meets each of the following criteria: (i) The study required under paragraph (1)(A) concluded that a wind lease sale on the area is feasible. (ii) The Secretary has determined that the call for information has generated sufficient interest for the area. (iii) The Secretary has consulted with the Secretary of Defense and other relevant Federal agencies regarding such a sale. (iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. (B) Exception If no area of the Outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses (i) through (iv) of subparagraph (A), the requirement under subparagraph (A) shall not apply to such territory.. 33. Wind lease sales for areas of Outer Continental Shelf (a) Authorization The Secretary may conduct wind lease sales on the Outer Continental Shelf. (b) Wind lease sale procedure Any wind lease sale conducted under this section shall be considered a lease under section 8(p). (c) Wind lease sales off coasts of territories of the United States (1) Study on feasibility of conducting wind lease sales (A) In general The Secretary shall conduct a study on the feasibility, including the technological and long-term economic feasibility, and the potential environmental effects of, conducting wind lease sales on an area of the Outer Continental Shelf within the territorial jurisdiction of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (B) Consultation In conducting the study required in subparagraph (A), the Secretary shall consult— (i) the National Laboratories, as that term is defined in section 2 of the Energy Policy Act of 2005; (ii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and National Marine Fisheries Service; and (iii) the Governor of each of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (C) Publication The study required in subparagraph (A) shall be published in the Federal Register for public comment for a period of not fewer than 60 days. (D) Submission of results Not later than 18 months after the date of enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to— (i) the Committee on Energy and Natural Resources of the Senate; (ii) the Committee on Natural Resources of the House of Representatives; and (iii) each Delegate or Resident Commissioner to the House of Representatives from American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (E) Public availability The Secretary shall publish the study required under subparagraph (A) and results submitted under subparagraph (D) on a public website. (2) Call for information and nominations The Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1). (3) Conditional wind lease sales (A) In general For each territory, the Secretary shall conduct not less than 1 wind lease sale on an area of the Outer Continental Shelf within the territorial jurisdiction of such territory that meets each of the following criteria: (i) The study required under paragraph (1)(A) concluded that a wind lease sale on the area is feasible. (ii) The Secretary has determined that the call for information has generated sufficient interest for the area. (iii) The Secretary has consulted with the Secretary of Defense and other relevant Federal agencies regarding such a sale. (iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. (B) Exception If no area of the Outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses (i) through (iv) of subparagraph (A), the requirement under subparagraph (A) shall not apply to such territory. 406. State Energy Program non-Federal cost-share waiver Funding made available to a territory under the Department of Energy’s State Energy Program ( 42 U.S.C. 6321 et seq. ) shall not be subject to a non-Federal share funding requirement. 501. Definitions In this title: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Director The term Director means the Director of the Insular Area National Program Office. (3) Eligible entity The term eligible entity means each of the following: (A) A government, municipality, agency, or instrumentality of a territory. (B) A private, nonprofit organization or institution. (C) An institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), except that such term does not include private, nonprofit institutions of higher education). (D) Any combination of entities described in subparagraphs (A) through (C), including partnerships and consortiums of local governments. (4) Office The term Office means the Insular Area National Program Office established by section 502. (5) Renewable energy The term renewable energy means energy that has been derived from Earth’s natural resources that are not finite or exhaustible, including solar, wind, hydroelectric, geothermal, ocean (thermal and mechanics). 502. Insular Area National Program Office (a) Establishment There is established within the Environmental Protection Agency an office, to be known as the Insular Area National Program Office. The Office shall be headed by a Director, who shall be appointed by the Administrator and compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Duties The Director shall— (1) direct, coordinate, implement, and monitor programs of the Environmental Protection Agency to— (A) build, enhance, and strengthen infrastructure in Insular Areas to withstand natural disasters; (B) expand renewable energy and energy efficiency in Insular Areas; and (C) provide technical assistance in Insular Areas; and (2) centralize and align all ongoing Environmental Protection Agency efforts in the Insular Areas. (c) Annual report The Director shall submit an annual report to the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate on the status of all projects undertaken and grants approved by the Office. (d) Authorization of appropriations For the Insular Area National Program Office, there is authorized to be appropriated to the Administrator $20,000,000 for each of the fiscal years 2022 through 2026. (e) Non-Federal Cost-Share waiver Any funding made available to Insular Areas by the Office shall not be subject to a non-Federal share funding requirement. 503. Insular Area Sustainable Infrastructure Grant Program (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Director of the Insular Area National Program Office shall establish and carry out a program, to be known as the Insular Area Sustainable Infrastructure Grant Program, to provide grants to eligible entities in the Insular Areas to build, enhance, and strengthen infrastructure systems in Insular Areas to withstand natural disasters, including drinking water systems, septic systems, stormwater systems, and solid waste systems. (b) Use of funds An eligible entity that receives a grant for infrastructure system projects under the Insular Area Sustainable Infrastructure Grant Program may use such funds for— (1) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, and replacement activities; and (3) the acquisition of real property or an interest in real property (including land relating to the project, and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment. (c) Applications (1) Inclusions An application under this subsection shall include— (A) a description of the project proposed by the eligible entity; (B) an evaluation (using methodology approved by the Director) of the quantifiable and unquantifiable benefits of the proposed project; (C) an estimate of the cost of the proposed project; and (D) a description of the age and expected lifetime of the infrastructure system funded by the project. (2) Priority In providing grants under this section, the Director shall give priority to proposed projects that, as determined by the Director— (A) maximize public health benefits; (B) are the most cost effective; and (C) serve areas with environmental justice communities— (i) in rural remote areas; or (ii) that have challenged environmental conditions. (3) Application Guidance and Processes The Director shall provide Insular Areas— (A) guidance for use in applying for grant funds under this section, including information regarding— (i) the process and forms for applications; (ii) permissible uses of funds received; and (iii) an annual deadline for submission of the applications; (B) a process by which the Director shall approve or disapprove each application; and (C) a streamlined process by which an Insular Area may renew an application described in subparagraph (A) for subsequent fiscal years. (d) Limitation on use of funds (1) Office The Director shall use 100 percent of the funds made available to carry out this section to provide grants, on a competitive basis, to eligible entities in Insular Areas. (2) Grant recipient An eligible entity may use not more than 10 percent of a grant provided under this section for administrative expenses of an approved project. (e) Authorization of appropriations To carry out this section there is authorized to be appropriated to the Administrator $50,000,000 for each of the fiscal years 2022 through 2026. 504. Insular Area Renewable Energy Grant Program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Director of the Insular Area National Program Office shall establish and carry out a program, to be known as the Insular Area Renewable Energy Grant Program to provide grants to eligible entities in the Insular Areas to expand renewable energy and energy efficiency in the Insular Areas. (b) Eligibility (1) Projects eligible for assistance The following projects may be carried out with amounts made available under this section: (A) Construction of a new renewable energy system. (B) A project for energy redundancy and resilience based on renewable energy and for hurricane and storm damage reduction on renewable energy systems that the Director determines is technically sound, economically justified, and environmentally acceptable. (C) A project for enhanced energy efficiency in the operation of infrastructure that belongs to an eligible entity. (D) A project for repair, rehabilitation, or replacement of a renewable energy system. (E) A project to prevent, reduce, or mitigate the effects of hurricanes or storms, including projects that enhance the resilience of renewable energy systems. (F) Acquisition of real property or an interest in real property— (i) if the acquisition is integral to a project described in subparagraphs (A) through (D); or (ii) pursuant to an existing plan that, in the judgment of the Director, as applicable, would mitigate the environmental impacts of renewable energy system infrastructure projects. (G) A combination of projects under subparagraphs (A) through (F). (2) Activities eligible for assistance An eligible entity may use a grant provided under this section for, with respect to an eligible project— (A) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (B) construction, reconstruction, rehabilitation, and replacement activities; and (C) the acquisition of real property or an interest in real property (including land relating to the project, and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment. (c) Applications (1) Inclusions An application under this subsection shall include— (A) a description of the project proposed by the eligible entity; (B) an evaluation (using methodology approved by the Director) of the quantifiable and unquantifiable benefits of the proposed project; (C) an estimate of the cost of the proposed project; and (D) a description of the age and expected lifetime of a renewable energy or energy efficiency system funded by the project. (2) Priority In providing grants under this section, the Director shall give priority to proposed projects that, as determined by the Director— (A) maximize public health benefits; (B) are the most cost effective; and (C) serve areas with environmental justice communities— (i) in rural remote areas; or (ii) that are poor air quality areas. (3) Application Guidance and Processes The Director shall provide Insular Areas— (A) guidance for use in applying for grant funds under this section, including information regarding— (i) the process and forms for applications; (ii) permissible uses of funds received; and (iii) an annual deadline for submission of the applications; (B) a process by which the Director shall approve or disapprove each application; and (C) a streamlined process by which an Insular Area may renew an application described in subparagraph (A) for subsequent fiscal years. (d) Limitation on use of funds (1) Office The Director shall use 100 percent of the funds made available to carry out this section to provide grants, on a competitive basis, to eligible entities in Insular Areas. (2) Grant recipient An eligible entity may use not more than 10 percent of a grant provided under this section to fund administrative expenses of an approved project. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated to the Administrator $50,000,000 for each of the fiscal years 2022 through 2026. 505. Insular Area Technical Assistance Program (a) In general The Director shall establish a program, to be known as the Insular Area Technical Assistance Program, to provide technical assistance to Insular Areas relating to climate change planning, mitigation, adaptation, and resilience. (b) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of the fiscal years 2022 through 2026. 601. Community disaster loans repayment cancellation Notwithstanding any other provision of law, repayment of a loan made to a local government in an Insular Area under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ), including any interest on such loan, shall be canceled. 602. Disaster relief non-Federal cost-share waiver Funding made available to an Insular Area for disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) shall not be subject to a non-Federal share funding requirement. 701. Sense of Congress regarding the threat of climate change It is the sense of Congress that— (1) climate change is an existential threat to the Freely Associated States; and (2) the United States should examine additional ways to help the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau address and mitigate the impacts of climate change and rising sea level through their respective Compacts of Free Association.
52,614
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117
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126
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To amend the Internal Revenue Code of 1986 to make permanent the individual tax provisions of the tax reform law, and for other purposes.
[ { "text": "1. Permanent modification of individual rate brackets \n(a) Married individuals filing joint returns and surviving spouses \nThe table contained in subsection (a) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $19,050 10% of taxable income. Over $19,050 but not over $77,400 $1,905, plus 12% of the excess over $19,050. Over $77,400 but not over $165,000 $8,907, plus 22% of the excess over $77,400. Over $165,000 but not over $315,000 $28,179, plus 24% of the excess over $165,000. Over $315,000 but not over $400,000 $64,179, plus 32% of the excess over $315,000. Over $400,000 but not over $600,000 $91,379, plus 35% of the excess over $400,000. Over $600,000 $161,379, plus 37% of the excess over $600,000.. (b) Heads of households \nThe table contained in subsection (b) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $13,600 10% of taxable income. Over $13,600 but not over $51,800 $1,360, plus 12% of the excess over $13,600. Over $51,800 but not over $82,500 $5,944, plus 22% of the excess over $51,800. Over $82,500 but not over $157,500 $12,698, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000 $30,698, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000 $44,298, plus 35% of the excess over $200,000. Over $500,000 $149,298, plus 37% of the excess over $500,000.. (c) Unmarried individuals other than surviving spouses and heads of households \nThe table contained in subsection (c) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $9,525 10% of taxable income. Over $9,525 but not over $38,700 $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500 $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500 $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000 $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000 $45,689.50, plus 35% of the excess over $200,000. Over $500,000 $150,689.50, plus 37% of the excess over $500,000.. (d) Married individuals filing separate returns \nThe table contained in subsection (d) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $9,525 10% of taxable income. Over $9,525 but not over $38,700 $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500 $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500 $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000 $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $300,000 $45,689.50, plus 35% of the excess over $200,000. Over $300,000 $80,689.50, plus 37% of the excess over $300,000.. (e) Estates and trusts \nThe table contained in subsection (e) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $2,550 10% of taxable income. Over $2,550 but not over $9,150 $255, plus 24% of the excess over $2,550. Over $9,150 but not over $12,500 $1,839, plus 35% of the excess over $9,150. Over $12,500 $3,011.50, plus 37% of the excess over $12,500.. (f) Adjustment for inflation \nSubsection (f) of section 1 of the Internal Revenue Code of 1986 is amended— (1) by striking 1993 in paragraph (1) and inserting 2018 , (2) by striking determined— and all that follows in paragraph (2)(A) and inserting determined by substituting 2017 for 2016 in paragraph (3)(A)(ii), , (3) by striking a married individual filing a separate return in paragraph (7)(B) and inserting any unmarried individual other than a surviving spouse or head of household , (4) by striking married individuals filing separately in the heading of subparagraph (B) of paragraph (7) and inserting certain unmarried individuals , and (5) by striking paragraph (8). (g) Capital gains brackets \nSubsection (h) of section 1 of the Internal Revenue Code of 1986 is amended— (1) by striking which would (without regard to this paragraph) be taxed at a rate below 25 percent in paragraph (1)(B)(i) and inserting below the maximum zero rate amount , (2) by striking which would (without regard to this paragraph) be taxed at a rate below 39.6 percent in paragraph (1)(C)(ii)(I) and inserting below the maximum 15-percent rate amount , and (3) by adding at the end the following new paragraph: (12) Maximum amounts defined \nFor purposes of this subsection— (A) Maximum zero rate amount \nThe maximum zero rate amount shall be— (i) in the case of a joint return or surviving spouse, $77,200, (ii) in the case of an individual who is a head of household (as defined in section 2(b)), $51,700, (iii) in the case of any other individual (other than an estate or trust), an amount equal to ½ of the amount in effect for the taxable year under clause (i), and (iv) in the case of an estate or trust, $2,600. (B) Maximum 15-percent rate amount \nThe maximum 15-percent rate amount shall be— (i) in the case of a joint return or surviving spouse, $479,000 ( ½ such amount in the case of a married individual filing a separate return), (ii) in the case of an individual who is the head of a household (as defined in section 2(b)), $452,400, (iii) in the case of any other individual (other than an estate or trust), $425,800, and (iv) in the case of an estate or trust, $12,700. (C) Inflation adjustment \nIn the case of any taxable year beginning after 2018, each of the dollar amounts in subparagraphs (A) and (B) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2017 for calendar year 2016 in subparagraph (A)(ii) thereof. If any increase under this subparagraph is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.. (h) Conforming amendments \n(1) Section 1 of the Internal Revenue Code of 1986 is amended by striking subsections (i) and (j). (2) Section 3402(q)(1) of such Code is amended by striking third lowest and inserting fourth lowest. (i) Section 15 not To apply \nSection 15 of the Internal Revenue Code of 1986 shall not apply to any change in a rate of tax by reason of this section. (j) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "idBE2450C9EFB84A9086B31ACE2B911E53", "header": "Permanent modification of individual rate brackets" }, { "text": "2. Permanent extension of deduction for qualified business income of pass-thru entities \n(a) In general \nSection 199A of the Internal Revenue Code of 1986 is amended by striking subsection (i). (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "idEA7D9AEDEF6849EFA7F96B30BA595D8A", "header": "Permanent extension of deduction for qualified business income of pass-thru entities" }, { "text": "3. Permanent extension of limitation on losses for taxpayers other than corporations \n(a) In general \nParagraph (1) of section 461(l) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Limitation \nIn the case of taxable year of a taxpayer other than a corporation, any excess business loss of the taxpayer for the taxable year shall not be allowed.. (b) Conforming amendment \nSection 461 of the Internal Revenue Code of 1986 is amended by striking subsection (j) (relating to limitation on excess farm losses of certain taxpayers). (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "idBAAFBAE9F6E04F1BAD403784F4EF6719", "header": "Permanent extension of limitation on losses for taxpayers other than corporations" }, { "text": "4. Permanent extension of increase in standard deduction \n(a) In general \nSection 63(c)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking $4,400 in subparagraph (B) and inserting $18,800 , and (2) by striking $3,000 in subparagraph (C) and inserting $12,000. (b) Inflation adjustment \nParagraph (4) of section 63(c) of the Internal Revenue Code of 1986 is amended to read as follows: (4) Adjustments for inflation \n(A) In general \nIn the case of any taxable year beginning in a calendar year after 2018, the $18,000 and $12,000 amounts in subparagraph (A) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting 2017 for 2016 in subparagraph (A)(ii) thereof. (B) Certain amounts \nIn the case of any taxable year beginning in a calendar year after 1988, each dollar amount contained in paragraph (5) or subsection (f) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting for calendar year 2016 in subparagraph (A)(ii) thereof— (I) calendar year 1987 in the case of the dollar amounts contained in paragraph (5)(A) or subsection (f), and (II) calendar year 1997 in the case of the dollar amount contained in paragraph (5)(B).. (c) Conforming amendment \nSection 63(c) of the Internal Revenue Code of 1986 is amended by striking paragraph (7). (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "id9D25E63E5DFE42C09BD76C3F2682A3FB", "header": "Permanent extension of increase in standard deduction" }, { "text": "5. Permanent increase and modification of child tax credit \n(a) Increase in credit amount \nSection 24(a) of the Internal Revenue Code of 1986 is amended by striking $1,000 and inserting $2,000. (b) Limitation \nParagraph (2) of section 24(b) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Threshold amount \nFor purposes of paragraph (1), the term threshold amount means— (A) $400,000 in the case of a joint return, and (B) $200,000 in any other case.. (c) Partial credit allowed for certain other dependents \nSubsection (h) of section 24 of the Internal Revenue Code of 1986 is amended to read as follows: (h) Partial credit allowed for certain other dependents \n(1) In general \nThe credit determined under subsection (a) shall be increased by $500 for each dependent of the taxpayer (as defined in section 7706) other than a qualifying child described in subsection (c). (2) Exception for certain noncitizens \nParagraph (1) shall not apply with respect to any individual who would not be a dependent if subparagraph (A) of section 7706(b)(3) were applied without regard to all that follows resident of the United States. (3) Certain qualifying children \nIn the case of any qualifying child with respect to whom a credit is not allowed under this section by reason of subsection (e)(1), such child shall be treated as a dependent to whom subparagraph (A) applies.. (d) Maximum amount of refundable credit \nSubsection (d) of section 24 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (2) the following new paragraph: (3) Limitation \n(A) In general \nThe amount determined under paragraph (1)(A) with respect to any qualifying child shall not exceed $1,400, and such paragraph shall be applied without regard to subsection (h). (B) Adjustment for inflation \nIn the case of a taxable year beginning after 2018, the $1,400 amount in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2017 for 2016 in subparagraph (A)(ii) thereof. If any increase under this clause is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.. (e) Earned income threshold for refundable credit \nSection 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended by striking $3,000 and inserting $2,500. (f) Social Security number required \nParagraph (1) of section 24(e) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Qualifying child Social security number requirement \nNo credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and social security number of such child on the return of tax for the taxable year. For purposes of the preceding sentence, the term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) before the due date for such return.. (g) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "id07F6AEE05F5A41FB8445B1FE288E328D", "header": "Permanent increase and modification of child tax credit" }, { "text": "6. Permanent extension of increased limitation for certain charitable contributions \n(a) In general \nSection 170(b)(1)(G) of the Internal Revenue Code of 1986 is amended— (1) by striking for any taxable year beginning after December 31, 2017, and before January 1, 2026, in clause (i), (2) by striking for any taxable year described in such clause in clause (ii), and (3) by striking For each taxable year described in clause (i), and each taxable year to which any contribution under this subparagraph is carried over under clause (ii), subparagraph (A) in clause (iii) and inserting Subparagraph (A). (b) Effective date \nThe amendments made by this section shall apply to contributions in taxable years beginning after December 31, 2025.", "id": "id838B26689A6447058765E808971866AD", "header": "Permanent extension of increased limitation for certain charitable contributions" }, { "text": "7. Permanent extension of increased contributions to ABLE accounts \n(a) In general \nSection 529A(b)(2)(B)(ii) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2026. (b) Allowance of savers credit \nSection 25B(d)(1)(D) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2026,. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "id242C7CE3454242D8B578CF0DF5D89944", "header": "Permanent extension of increased contributions to ABLE accounts" }, { "text": "8. Permanent extension of rollovers to ABLE programs from 529 programs \n(a) In general \nSection 529(c)(3)(C)(i)(III) is amended by striking before January 1, 2026,. (b) Effective date \nThe amendments made by this section shall apply to distributions made after the date of the enactment of this Act.", "id": "idCA7E3C040B5D4FC28F706E81B7ABD758", "header": "Permanent extension of rollovers to ABLE programs from 529 programs" }, { "text": "9. Permanent extension of treatment of certain individuals performing services in the Sinai Peninsula of Egypt \n(a) In general \nSubsection (c) of section 11026 of Public Law 115–97 is amended— (1) by striking beginning before January 1, 2026 in paragraph (1)(B), and (2) by striking beginning before January 1, 2026 in paragraph (2)(B). (b) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act.", "id": "id22b6cd04599f47b2b03d5b8490fd0cc6", "header": "Permanent extension of treatment of certain individuals performing services in the Sinai Peninsula\n of Egypt" }, { "text": "10. Permanent extension of treatment of student loans discharged on account of death or disability \n(a) In general \nSubparagraph (A) of section 108(f)(5) of the Internal Revenue Code of 1986 is amended by striking and before January 1, 2026,. (b) Effective date \nThe amendment made by this section shall apply to discharges of indebtedness after December 31, 2020.", "id": "id595630a7223b49a5ad4d099e4c353020", "header": "Permanent extension of treatment of student loans discharged on account of death or disability" }, { "text": "11. Repeal of deduction for personal exemptions \n(a) In general \nPart V of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. (b) Definition of dependent retained \nSection 152 of the Internal Revenue Code of 1986, prior to repeal by subsection (a), is hereby redesignated as section 7706 of such Code and moved to the end of chapter 79 of such Code. (c) Application to estates and trusts \nSubparagraph (C) of section 642(b)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking the exemption amount under section 151(d) in clause (i) and inserting $4,150 , and (2) by striking clause (iii) and inserting the following: (iii) Inflation adjustment \nIn the case of any taxable year beginning in a calendar year after 2018, the $4,150 amount in clause (i) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable begins, determined by substituting 2017 for 2016 in subparagraph (A)(ii) thereof. If any increase determined under the preceding sentence is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.. (d) Application to nonresident aliens \nSection 873(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (3). (e) Modification of return requirement \n(1) In general \nSection 6012 of the Internal Revenue Code of 1986 is amended— (A) by striking paragraph (1) of subsection (a) and inserting the following: (1) Every individual who has gross income for the taxable year, except that a return shall not be required of— (A) an individual who is not married (determined by applying section 7703) and who has gross income for the taxable year which does not exceed the standard deduction applicable to such individual for such taxable year under section 63, or (B) an individual entitled to make a joint return if— (i) the gross income of such individual, when combined with the gross income of such individual’s spouse, for the taxable year does not exceed the standard deduction which would be applicable to the taxpayer for such taxable year under section 63 if such individual and such individual’s spouse made a joint return, (ii) such individual and such individual’s spouse have the same household as their home at the close of the taxable year, (iii) such individual’s spouse does not make a separate return, and (iv) neither such individual nor such individual’s spouse is an individual described in section 63(c)(2) who has income (other than earned income) in excess of the amount in effect under section 63(c)(2)(A). , and (B) by striking subsection (f). (2) Bankruptcy estates \nParagraph (8) of section 6012(a) of such Code is amended by striking the sum of the exemption amount plus the basic standard deduction under section 63(c)(2)(D) and inserting the standard deduction in effect under section 63(c)(1)(B). (f) Conforming amendments \n(1) Section 2(a)(1)(B) of the Internal Revenue Code of 1986 is amended by striking a dependent and all that follows through section 151 and inserting a dependent who (within the meaning of section 7706, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) is a son, stepson, daughter, or stepdaughter of the taxpayer. (2) Section 36B(b)(2)(A) of such Code is amended by striking section 152 and inserting section 7706. (3) Section 36B(b)(3)(B) of such Code is amended by striking unless a deduction is allowed under section 151 for the taxable year with respect to a dependent in the flush matter at the end and inserting unless the taxpayer has a dependent for the taxable year. (4) Section 36B(c)(1)(D) of such Code is amended by striking with respect to whom a deduction under section 151 is allowable to another taxpayer and inserting who is a dependent of another taxpayer. (5) Section 36B(d)(1) of such Code is amended by striking equal to the number of individuals for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year and inserting the sum of 1 (2 in the case of a joint return) plus the number of the taxpayer’s dependents for the taxable year. (6) Section 36B(e)(1) of such Code is amended by striking 1 or more individuals for whom a taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year (including the taxpayer or his spouse) and inserting 1 or more of the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer. (7) Section 42(i)(3)(D)(ii)(I) of such Code is amended— (A) by striking section 152 and inserting section 7706 , and (B) by striking the period at the end and inserting a comma. (8) Section 63(b) of such Code is amended by striking minus— and all that follows and inserting minus the standard deduction.. (9) Section 63(d) of such Code is amended by striking other than— and all that follows and inserting other than the deductions allowable in arriving at adjusted gross income.. (10) Section 72(t)(2)(D)(i)(III) of such Code is amended by striking section 152 and inserting section 7706. (11) Section 72(t)(7)(A)(iii) of such Code is amended by striking section 152(f)(1) and inserting section 7706(f)(1). (12) Section 105(b) of such Code is amended— (A) by striking as defined in section 152 and inserting as defined in section 7706 , (B) by striking section 152(f)(1) and inserting section 7706(f)(1) , and (C) by striking section 152(e) and inserting section 7706(e). (13) Section 105(c)(1) of such Code is amended by striking section 152 and inserting section 7706. (14) Section 125(e)(1)(D) of such Code is amended by striking section 152 and inserting section 7706. (15) Section 129(c) of such Code is amended— (A) by striking with respect to whom, for such taxable year, a deduction is allowable under section 151(c) (relating to personal exemptions for dependents) to in paragraph (1) and inserting who is a dependent of , and (B) by striking section 152(f)(1) in paragraph (2) and inserting section 7706(f)(1). (16) Section 132(h)(2)(B) of such Code is amended— (A) by striking section 152(f)(1) and inserting section 7706(f)(1) , and (B) by striking section 152(e) and inserting section 7706(e). (17) Section 139D(c)(5) of such Code is amended by striking section 152 and inserting section 7706. (18) Section 162(l)(1)(D) of such Code is amended by striking section 152(f)(1) and inserting section 7706(f)(1). (19) Section 170(g)(1) of such Code is amended by striking section 152 and inserting section 7706. (20) Section 170(g)(3) of such Code is amended by striking section 152(d)(2) and inserting section 7706(d)(2). (21) Section 172(d) of such Code is amended by striking paragraph (3). (22) Section 220(b)(6) of such Code is amended by striking with respect to whom a deduction under section 151 is allowable to and inserting who is a dependent of. (23) Section 220(d)(2)(A) of such Code is amended by striking section 152 and inserting section 7706. (24) Section 223(b)(6) of such Code is amended by striking with respect to whom a deduction under section 151 is allowable to and inserting who is a dependent of. (25) Section 223(d)(2)(A) of such Code is amended by striking section 152 and inserting section 7706. (26) Section 401(h) of such Code is amended by striking section 152(f)(1) in the last sentence and inserting section 7706(f)(1). (27) Section 402(l)(4)(D) of such Code is amended by striking section 152 and inserting section 7706. (28) Section 409A(a)(2)(B)(ii)(I) of such Code is amended by striking section 152(a) and inserting section 7706(a). (29) Section 501(c)(9) of such Code is amended by striking section 152(f)(1) and inserting section 7706(f)(1). (30) Section 529(e)(2)(B) of such Code is amended by striking section 152(d)(2) and inserting section 7706(d)(2). (31) Section 703(a)(2) of such Code is amended by striking subparagraph (A) and by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively. (32) Section 874 of such Code is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b). (33) Section 891 of such Code is amended by striking under section 151 and. (34) Section 904(b) of such Code is amended by striking paragraph (1). (35) Section 931(b)(1) of such Code is amended by striking (other than the deduction under section 151, relating to personal exemptions). (36) Section 933 of such Code is amended— (A) by striking (other than the deduction under section 151, relating to personal exemptions) in paragraph (1), and (B) by striking (other than the deduction for personal exemptions under section 151) in paragraph (2). (37) Section 1212(b)(2)(B)(ii) of such Code is amended to read as follows: (ii) in the case of an estate or trust, the deduction allowed for such year under section 642(b).. (38) Section 1361(c)(1)(C) of such Code is amended by striking section 152(f)(1)(C) and inserting section 7706(f)(1)(C). (39) Section 1402(a) of such Code is amended by striking paragraph (7). (40) Section 2032A(c)(7)(D) of such Code is amended by striking section 152(f)(2) and inserting section 7706(f)(2). (41) Section 3402(m)(1) of such Code is amended by striking other than the deductions referred to in section 151 and. (42) Section 3402(r)(2) of such Code is amended by striking the sum of— and all that follows and inserting the standard deduction in effect under section 63(c)(1)(B).. (43) Section 5000A(b)(3)(A) of such Code is amended by striking section 152 and inserting section 7706. (44) Section 5000A(c)(4)(A) of such Code is amended by striking the number of individuals for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year and inserting the sum of 1 (2 in the case of a joint return) plus the number of the taxpayer’s dependents for the taxable year. (45) Section 6013(b)(3)(A) of such Code is amended— (A) by striking had less than the exemption amount of gross income in clause (ii) and inserting had no gross income , (B) by striking had gross income of the exemption amount or more in clause (iii) and inserting had any gross income , and (C) by striking the flush language following clause (iii). (46) Section 6103(l)(21)(A)(iii) of such Code is amended to read as follows: (iii) the number of the taxpayer’s dependents,. (47) Section 6213(g)(2) of such Code is amended by striking subparagraph (H). (48) Section 6334(d)(2) of such Code is amended to read as follows: (2) Exempt amount \n(A) In general \nFor purposes of paragraph (1), the term exempt amount means an amount equal to— (i) the sum of the amount determined under subparagraph (B) and the standard deduction, divided by (ii) 52. (B) Amount determined \nFor purposes of subparagraph (A), the amount determined under this subparagraph is $4,150 multiplied by the number of the taxpayer’s dependents for the taxable year in which the levy occurs. (C) Inflation adjustment \nIn the case of any taxable year beginning after 2018, the $4,150 amount in subparagraph (B) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2017 for calendar year 2016 in subparagraph (A) thereof. If any increase determined under the preceding sentence is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. (D) Verified statement \nUnless the taxpayer submits to the Secretary a written and properly verified statement specifying the facts necessary to determine the proper amount under subparagraph (A), subparagraph (A) shall be applied as if the taxpayer were a married individual filing a separate return with no dependents.. (49) Section 7702B(f)(2)(C)(iii) of such Code is amended by striking section 152(d)(2) and inserting section 7706(d)(2). (50) Section 7703(a) of such Code is amended by striking part V of subchapter B of chapter 1 and. (51) Section 7703(b)(1) of such Code is amended by striking section 152(f)(1) and all that follows and inserting section 7706(f)(1),. (52) Section 7706(a) of such Code, as redesignated by this section, is amended by striking this subtitle and inserting subtitle A. (53) (A) Section 7706(d)(1)(B) of such Code, as redesignated by this section, is amended by striking the exemption amount (as defined in section 151(d)) and inserting $4,150. (B) Section 7706(d) of such Code, as redesignated by this section, is amended by adding at the end the following new paragraph: (6) Inflation adjustment \nIn the case of any calendar year beginning after 2018, the $4,150 amount in paragraph (1)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2017 for calendar year 2016 in subparagraph (A)(ii) thereof. If any increase determined under the preceding sentence is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.. (54) The table of sections for chapter 79 of such Code is amended by adding at the end the following new item: Sec. 7706. Dependent defined.. (g) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "H107D17D4BE4445C893BA5A6D009BF266", "header": "Repeal of deduction for personal exemptions" }, { "text": "12. Permanent extension of limitation on deduction for State and local, etc., taxes \n(a) In general \nParagraph (6) of section 164(b) of the Internal Revenue Code of 1986 is amended— (1) by striking , and before January 1, 2026 , and (2) by striking 2018 through 2025 in the heading and inserting after 2017. (b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "id00e4493742c0433ea7ebfcfe9268b76b", "header": "Permanent extension of limitation on deduction for State and local, etc., taxes" }, { "text": "13. Permanent extension of limitation on deduction for qualified residence interest \n(a) Repeal of home equity indebtedness \n(1) In general \nSection 163(h)(3)(A) of the Internal Revenue Code of 1986 is amended by striking during the taxable year on and all that follows through For purposes of and inserting during the taxable year on acquisition indebtedness with respect to any qualified principal residence of the taxpayer. For purposes of. (2) Conforming amendment \nSection 163(h)(3) of such Code is amended by striking subparagraph (C). (b) Limitation on acquisition indebtedness \n(1) In general \nSection 163(h)(3)(B)(ii) of the Internal Revenue Code of 1986 is amended by striking $1,000,000 ($500,000 and inserting $750,000 ($375,000. (2) Treatment of indebtedness incurred on or before December 31, 2017; refinancings \nSection 163(h)(3) of the Internal Revenue Code of 1986, as amended by subsection (a)(2), is amended by inserting after subparagraph (B) the following new subparagraph: (C) Treatment of indebtedness incurred on or before December 15, 2017; refinancings \n(i) In general \nIn the case of any indebtedness incurred on or before December 15, 2017, subparagraph (B)(ii) shall apply as in effect immediately before the enactment of the Public Law 115–97 , and, in applying such subparagraph to any indebtedness incurred after such date, the limitation under such subparagraph shall be reduced (but not below zero) by the amount of any indebtedness incurred on or before December 15, 2017, which is treated as acquisition indebtedness for purposes of this subsection for the taxable year. (ii) Binding contract exception \nIn the case of a taxpayer who enters into a written binding contract before December 15, 2017, to close on the purchase of a principal residence before January 1, 2018, and who purchases such residence before April 1, 2018, subclause (III) shall be applied by substituting April 1, 2018 for December 15, 2017. (iii) Treatment of refinancings of indebtedness \n(I) In general \nIn the case of any indebtedness which is incurred to refinance indebtedness, such refinanced indebtedness shall be treated for purposes of clause (i) as incurred on the date that the original indebtedness was incurred to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. (II) Limitation on period of refinancing \nSubclause (I) shall not apply to any indebtedness after the expiration of the term of the original indebtedness or, if the principal of such original indebtedness is not amortized over its term, the expiration of the term of the 1st refinancing of such indebtedness (or if earlier, the date which is 30 years after the date of such 1st refinancing).. (c) Coordination with exclusion of income from discharge of indebtedness \nSection 108(h)(2) of the Internal Revenue Code of 1986 is amended by striking , applied by substituting and all that follows through section 163(h)(3)(F)(i)(II). (d) Conforming amendments \nSection 163(h)(3) of the Internal Revenue Code of 1986 is amended— (1) in the heading of subparagraph (D)(ii), by striking $1,000,000 , and (2) by striking subparagraph (F). (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "id6EC036F9788F4511BEFFAF21D75F6546", "header": "Permanent extension of limitation on deduction for qualified residence interest" }, { "text": "14. Permanent extension of modifications to deduction for personal casualty losses \n(a) In general \nParagraph (5) of section 165(h) of the Internal Revenue Code of 1986 is amended— (1) by striking , and before January 1, 2026 in subparagraph (A), and (2) by striking 2018 through 2025 in the heading and inserting after 2017. (b) Effective date \nThe amendments made by this section shall apply to losses incurred in taxable years beginning after December 31, 2020.", "id": "id5acbcd3439fa4fb395d0284620377c12", "header": "Permanent extension of modifications to deduction for personal casualty losses" }, { "text": "15. Repeal of miscellaneous itemized deductions \n(a) In general \nSection 67 of the Internal Revenue Code of 1986 is amended— (1) by striking subsection (a) and inserting the following: (a) General rule \nNo miscellaneous itemized deduction shall be allowed for any taxable year beginning after December 31, 2017. , (2) by striking subsection (g), and (3) by striking 2-percent floor on in the heading and inserting Treatment of. (b) Conforming amendment \nThe table of sections for part I of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking 2-percent floor on in the item relating to section 67 and inserting Treatment of. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "id67F79A0E4DF44923847D8552BACDAACF", "header": "Repeal of miscellaneous itemized deductions" }, { "text": "16. Repeal of overall limitation on itemized deductions \n(a) In general \nPart 1 of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 68 (and the item relating to such section in the table of sections for such part). (b) Conforming amendments \n(1) Section 1(f)(7) of the Internal Revenue Code of 1986 is amended by striking section 68(b)(2),. (2) Section 56(b)(1) of such Code is amended by striking subparagraph (F). (3) Section 164(b)(5)(H)(ii)(III) of such Code is amended by inserting (as in effect before the date of the enactment of the Tax Cuts and Jobs Act) after 68(b). (4) Section 642(b)(2)(C)(i)(I) of such Code is amended by striking as an individual described in section 68(b)(1)(C) and inserting as an individual who is not married and who is not a surviving spouse or head of household. (5) Section 773(a)(3)(B) of such Code is amended by striking clause (i) and redesignating clauses (ii) through (iv) as clauses (i) through (iii), respectively. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "HDEE1FEF792D34504A3FAD11CCE5364E0", "header": "Repeal of overall limitation on itemized deductions" }, { "text": "17. Repeal of exclusion for qualified bicycle commuting reimbursement \n(a) In general \nSection 132(f)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Conforming amendments \n(1) Section 132(f)(2) of the Internal Revenue Code of 1986 is amended by inserting and at the end of subparagraph (A), by striking , and at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Section 132(f)(4) of such Code is amended by striking (other than a qualified bicycle commuting reimbursement). (3) Section 132(f)(5) of such Code is amended by striking subparagraph (F). (4) Section 132(f) of such Code is amended by striking paragraph (8). (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "id672DD4404FB24684A182FC92BFB9FBD0", "header": "Repeal of exclusion for qualified bicycle commuting reimbursement" }, { "text": "18. Permanent extension of modification of exclusion for qualified moving expense reimbursement \n(a) In general \nSection 132(g) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1), by striking individual and inserting qualified military member , and (2) by striking paragraph (2) and inserting the following: (2) Qualified military member \nFor purposes of paragraph (1), the term qualified military member means a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.. (b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "id24FD439A447148D9AC7D9845E33168D3", "header": "Permanent extension of modification of exclusion for qualified moving expense reimbursement" }, { "text": "19. Repeal of deduction for moving expenses \n(a) In general \nSubsection (a) of section 217 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Deduction allowed \nThere shall be allowed as a deduction moving expenses paid or incurred during the taxable year in connection with the commencement of work by a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.. (b) Conforming amendments \n(1) Section 217 of the Internal Revenue Code of 1986 is amended— (A) by striking subsections (c), (d), (f), and (i), (B) by redesignating subsections (g), (h), and (j) as subsections (c), (d), and (e), respectively, and (C) in subsection (c), as so redesignated— (i) by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and (ii) in paragraph (2) (as so redesignated), by striking moving expenses of his spouse and dependents and all that follows and inserting moving expenses of his spouse and dependents as if his spouse commenced work as an employee at a new principal place of work at such location.. (2) Section 23 of such Code is amended by striking 217(h)(3) each place it appears in subsections (d)(3) and (e) and inserting 217(d)(3). (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "H461A9DA422B64573B7C4D0D4FFF66579", "header": "Repeal of deduction for moving expenses" }, { "text": "20. Permanent extension of limitation on wagering losses \n(a) In general \nThe second sentence of section 165(d) of the Internal Revenue Code of 1986 is amended by striking in the case of taxable years beginning after December 31, 2017, and before January 1, 2026,. (b) Effective date \nThe amendments made by this section shall not apply to taxable years beginning after December 31, 2020.", "id": "id339F2147F2E84FE5A204DC0E3CE0BE5A", "header": "Permanent extension of limitation on wagering losses" }, { "text": "21. Increase in estate and gift tax exemption made permanent \n(a) In general \nSection 2010(c)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000,000 and inserting $10,000,000. (b) Conforming amendments \n(1) Section 2010(c)(3) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C). (2) Subsection (g) of section 2001 of such Code is amended to read as follows: (g) Modifications to gift tax payable To reflect different tax rates \nFor purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect at the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute— (1) the tax imposed by chapter 12 with respect to such gifts, and (2) the credit allowed against such tax under section 2505, including in computing— (A) the applicable credit amount under section 2505(a)(1), and (B) the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2).. (c) Effective date \nThe amendments made by this section shall apply to estates of decedents dying and gifts made after December 31, 2020.", "id": "idABEA73B9F9BC4A6195C346AA1BBA7C33", "header": "Increase in estate and gift tax exemption made permanent" }, { "text": "22. Increase in alternative minimum tax exemption made permanent \n(a) In general \nSection 55(d) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1)— (A) by striking $78,750 in subparagraph (A) and inserting $109,400 , and (B) by striking $50,600 in subparagraph (B) and inserting $70,300 , and (2) in paragraph (2)— (A) by striking $150,000 in subparagraph (A) and inserting $1,000,000 , and (B) by striking subparagraphs (B) and (C) and inserting the following: (B) 50 percent of the dollar amount applicable under subparagraph (A) in the case of a taxpayer described in subparagraph (B) or (C) of paragraph (1), and (C) 50 percent of $150,000 in the case of a taxpayer described in paragraph (1)(D).. (b) Inflation adjustment \n(1) In general \nSection 55(d)(3)(A)(ii) of the Internal Revenue Code of 1986 is amended to read as follows: (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting for calendar year 2016 in subparagraph (A)(ii) thereof— (I) calendar year 2011 in the case of the dollar amounts described in clauses (i), (iv), and (v) of subparagraph (B), and (II) calendar year 2017 in the case of the dollar amounts described in clauses (ii) and (iii) of subparagraph (B).. (2) Conforming amendments \nSection 55(d)(3)(B) of such Code is amended— (A) by striking subparagraphs (A), (B), and (D) of paragraph (1), and in clause (ii) and inserting subparagraphs (A) and (B) of paragraph (1), , (B) by striking subparagraphs (A) and (B) of paragraph (2). in clause (iii) and inserting paragraph (2)(A), , and (C) by adding at the end the following: (iv) the dollar amount contained in paragraph (1)(D), and (v) the dollar amount contained in paragraph (2)(C).. (c) Treatment of unearned income of minor children \nSection 59 of the Internal Revenue Code of 1986 is amended by striking subsection (j). (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "S1", "header": "Increase in alternative minimum tax exemption made permanent" }, { "text": "23. Technical amendment \nSection 11000 of Public Law 115–97 is amended by redesignating subsection (a) as subsection (b) and by inserting before subsection (b) (as so redesignated) the following new subsection: (a) Short title \nThis title may be cited as the Tax Cuts and Jobs Act..", "id": "id17046E527FD64D698293DEA4093052CB", "header": "Technical amendment" } ]
23
1. Permanent modification of individual rate brackets (a) Married individuals filing joint returns and surviving spouses The table contained in subsection (a) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $19,050 10% of taxable income. Over $19,050 but not over $77,400 $1,905, plus 12% of the excess over $19,050. Over $77,400 but not over $165,000 $8,907, plus 22% of the excess over $77,400. Over $165,000 but not over $315,000 $28,179, plus 24% of the excess over $165,000. Over $315,000 but not over $400,000 $64,179, plus 32% of the excess over $315,000. Over $400,000 but not over $600,000 $91,379, plus 35% of the excess over $400,000. Over $600,000 $161,379, plus 37% of the excess over $600,000.. (b) Heads of households The table contained in subsection (b) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $13,600 10% of taxable income. Over $13,600 but not over $51,800 $1,360, plus 12% of the excess over $13,600. Over $51,800 but not over $82,500 $5,944, plus 22% of the excess over $51,800. Over $82,500 but not over $157,500 $12,698, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000 $30,698, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000 $44,298, plus 35% of the excess over $200,000. Over $500,000 $149,298, plus 37% of the excess over $500,000.. (c) Unmarried individuals other than surviving spouses and heads of households The table contained in subsection (c) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $9,525 10% of taxable income. Over $9,525 but not over $38,700 $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500 $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500 $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000 $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000 $45,689.50, plus 35% of the excess over $200,000. Over $500,000 $150,689.50, plus 37% of the excess over $500,000.. (d) Married individuals filing separate returns The table contained in subsection (d) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $9,525 10% of taxable income. Over $9,525 but not over $38,700 $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500 $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500 $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000 $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $300,000 $45,689.50, plus 35% of the excess over $200,000. Over $300,000 $80,689.50, plus 37% of the excess over $300,000.. (e) Estates and trusts The table contained in subsection (e) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $2,550 10% of taxable income. Over $2,550 but not over $9,150 $255, plus 24% of the excess over $2,550. Over $9,150 but not over $12,500 $1,839, plus 35% of the excess over $9,150. Over $12,500 $3,011.50, plus 37% of the excess over $12,500.. (f) Adjustment for inflation Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended— (1) by striking 1993 in paragraph (1) and inserting 2018 , (2) by striking determined— and all that follows in paragraph (2)(A) and inserting determined by substituting 2017 for 2016 in paragraph (3)(A)(ii), , (3) by striking a married individual filing a separate return in paragraph (7)(B) and inserting any unmarried individual other than a surviving spouse or head of household , (4) by striking married individuals filing separately in the heading of subparagraph (B) of paragraph (7) and inserting certain unmarried individuals , and (5) by striking paragraph (8). (g) Capital gains brackets Subsection (h) of section 1 of the Internal Revenue Code of 1986 is amended— (1) by striking which would (without regard to this paragraph) be taxed at a rate below 25 percent in paragraph (1)(B)(i) and inserting below the maximum zero rate amount , (2) by striking which would (without regard to this paragraph) be taxed at a rate below 39.6 percent in paragraph (1)(C)(ii)(I) and inserting below the maximum 15-percent rate amount , and (3) by adding at the end the following new paragraph: (12) Maximum amounts defined For purposes of this subsection— (A) Maximum zero rate amount The maximum zero rate amount shall be— (i) in the case of a joint return or surviving spouse, $77,200, (ii) in the case of an individual who is a head of household (as defined in section 2(b)), $51,700, (iii) in the case of any other individual (other than an estate or trust), an amount equal to ½ of the amount in effect for the taxable year under clause (i), and (iv) in the case of an estate or trust, $2,600. (B) Maximum 15-percent rate amount The maximum 15-percent rate amount shall be— (i) in the case of a joint return or surviving spouse, $479,000 ( ½ such amount in the case of a married individual filing a separate return), (ii) in the case of an individual who is the head of a household (as defined in section 2(b)), $452,400, (iii) in the case of any other individual (other than an estate or trust), $425,800, and (iv) in the case of an estate or trust, $12,700. (C) Inflation adjustment In the case of any taxable year beginning after 2018, each of the dollar amounts in subparagraphs (A) and (B) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2017 for calendar year 2016 in subparagraph (A)(ii) thereof. If any increase under this subparagraph is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.. (h) Conforming amendments (1) Section 1 of the Internal Revenue Code of 1986 is amended by striking subsections (i) and (j). (2) Section 3402(q)(1) of such Code is amended by striking third lowest and inserting fourth lowest. (i) Section 15 not To apply Section 15 of the Internal Revenue Code of 1986 shall not apply to any change in a rate of tax by reason of this section. (j) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 2. Permanent extension of deduction for qualified business income of pass-thru entities (a) In general Section 199A of the Internal Revenue Code of 1986 is amended by striking subsection (i). (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2020. 3. Permanent extension of limitation on losses for taxpayers other than corporations (a) In general Paragraph (1) of section 461(l) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Limitation In the case of taxable year of a taxpayer other than a corporation, any excess business loss of the taxpayer for the taxable year shall not be allowed.. (b) Conforming amendment Section 461 of the Internal Revenue Code of 1986 is amended by striking subsection (j) (relating to limitation on excess farm losses of certain taxpayers). (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 4. Permanent extension of increase in standard deduction (a) In general Section 63(c)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking $4,400 in subparagraph (B) and inserting $18,800 , and (2) by striking $3,000 in subparagraph (C) and inserting $12,000. (b) Inflation adjustment Paragraph (4) of section 63(c) of the Internal Revenue Code of 1986 is amended to read as follows: (4) Adjustments for inflation (A) In general In the case of any taxable year beginning in a calendar year after 2018, the $18,000 and $12,000 amounts in subparagraph (A) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting 2017 for 2016 in subparagraph (A)(ii) thereof. (B) Certain amounts In the case of any taxable year beginning in a calendar year after 1988, each dollar amount contained in paragraph (5) or subsection (f) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting for calendar year 2016 in subparagraph (A)(ii) thereof— (I) calendar year 1987 in the case of the dollar amounts contained in paragraph (5)(A) or subsection (f), and (II) calendar year 1997 in the case of the dollar amount contained in paragraph (5)(B).. (c) Conforming amendment Section 63(c) of the Internal Revenue Code of 1986 is amended by striking paragraph (7). (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 5. Permanent increase and modification of child tax credit (a) Increase in credit amount Section 24(a) of the Internal Revenue Code of 1986 is amended by striking $1,000 and inserting $2,000. (b) Limitation Paragraph (2) of section 24(b) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Threshold amount For purposes of paragraph (1), the term threshold amount means— (A) $400,000 in the case of a joint return, and (B) $200,000 in any other case.. (c) Partial credit allowed for certain other dependents Subsection (h) of section 24 of the Internal Revenue Code of 1986 is amended to read as follows: (h) Partial credit allowed for certain other dependents (1) In general The credit determined under subsection (a) shall be increased by $500 for each dependent of the taxpayer (as defined in section 7706) other than a qualifying child described in subsection (c). (2) Exception for certain noncitizens Paragraph (1) shall not apply with respect to any individual who would not be a dependent if subparagraph (A) of section 7706(b)(3) were applied without regard to all that follows resident of the United States. (3) Certain qualifying children In the case of any qualifying child with respect to whom a credit is not allowed under this section by reason of subsection (e)(1), such child shall be treated as a dependent to whom subparagraph (A) applies.. (d) Maximum amount of refundable credit Subsection (d) of section 24 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (2) the following new paragraph: (3) Limitation (A) In general The amount determined under paragraph (1)(A) with respect to any qualifying child shall not exceed $1,400, and such paragraph shall be applied without regard to subsection (h). (B) Adjustment for inflation In the case of a taxable year beginning after 2018, the $1,400 amount in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2017 for 2016 in subparagraph (A)(ii) thereof. If any increase under this clause is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.. (e) Earned income threshold for refundable credit Section 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended by striking $3,000 and inserting $2,500. (f) Social Security number required Paragraph (1) of section 24(e) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Qualifying child Social security number requirement No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and social security number of such child on the return of tax for the taxable year. For purposes of the preceding sentence, the term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) before the due date for such return.. (g) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 6. Permanent extension of increased limitation for certain charitable contributions (a) In general Section 170(b)(1)(G) of the Internal Revenue Code of 1986 is amended— (1) by striking for any taxable year beginning after December 31, 2017, and before January 1, 2026, in clause (i), (2) by striking for any taxable year described in such clause in clause (ii), and (3) by striking For each taxable year described in clause (i), and each taxable year to which any contribution under this subparagraph is carried over under clause (ii), subparagraph (A) in clause (iii) and inserting Subparagraph (A). (b) Effective date The amendments made by this section shall apply to contributions in taxable years beginning after December 31, 2025. 7. Permanent extension of increased contributions to ABLE accounts (a) In general Section 529A(b)(2)(B)(ii) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2026. (b) Allowance of savers credit Section 25B(d)(1)(D) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2026,. (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 8. Permanent extension of rollovers to ABLE programs from 529 programs (a) In general Section 529(c)(3)(C)(i)(III) is amended by striking before January 1, 2026,. (b) Effective date The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. 9. Permanent extension of treatment of certain individuals performing services in the Sinai Peninsula of Egypt (a) In general Subsection (c) of section 11026 of Public Law 115–97 is amended— (1) by striking beginning before January 1, 2026 in paragraph (1)(B), and (2) by striking beginning before January 1, 2026 in paragraph (2)(B). (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 10. Permanent extension of treatment of student loans discharged on account of death or disability (a) In general Subparagraph (A) of section 108(f)(5) of the Internal Revenue Code of 1986 is amended by striking and before January 1, 2026,. (b) Effective date The amendment made by this section shall apply to discharges of indebtedness after December 31, 2020. 11. Repeal of deduction for personal exemptions (a) In general Part V of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. (b) Definition of dependent retained Section 152 of the Internal Revenue Code of 1986, prior to repeal by subsection (a), is hereby redesignated as section 7706 of such Code and moved to the end of chapter 79 of such Code. (c) Application to estates and trusts Subparagraph (C) of section 642(b)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking the exemption amount under section 151(d) in clause (i) and inserting $4,150 , and (2) by striking clause (iii) and inserting the following: (iii) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2018, the $4,150 amount in clause (i) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable begins, determined by substituting 2017 for 2016 in subparagraph (A)(ii) thereof. If any increase determined under the preceding sentence is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.. (d) Application to nonresident aliens Section 873(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (3). (e) Modification of return requirement (1) In general Section 6012 of the Internal Revenue Code of 1986 is amended— (A) by striking paragraph (1) of subsection (a) and inserting the following: (1) Every individual who has gross income for the taxable year, except that a return shall not be required of— (A) an individual who is not married (determined by applying section 7703) and who has gross income for the taxable year which does not exceed the standard deduction applicable to such individual for such taxable year under section 63, or (B) an individual entitled to make a joint return if— (i) the gross income of such individual, when combined with the gross income of such individual’s spouse, for the taxable year does not exceed the standard deduction which would be applicable to the taxpayer for such taxable year under section 63 if such individual and such individual’s spouse made a joint return, (ii) such individual and such individual’s spouse have the same household as their home at the close of the taxable year, (iii) such individual’s spouse does not make a separate return, and (iv) neither such individual nor such individual’s spouse is an individual described in section 63(c)(2) who has income (other than earned income) in excess of the amount in effect under section 63(c)(2)(A). , and (B) by striking subsection (f). (2) Bankruptcy estates Paragraph (8) of section 6012(a) of such Code is amended by striking the sum of the exemption amount plus the basic standard deduction under section 63(c)(2)(D) and inserting the standard deduction in effect under section 63(c)(1)(B). (f) Conforming amendments (1) Section 2(a)(1)(B) of the Internal Revenue Code of 1986 is amended by striking a dependent and all that follows through section 151 and inserting a dependent who (within the meaning of section 7706, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) is a son, stepson, daughter, or stepdaughter of the taxpayer. (2) Section 36B(b)(2)(A) of such Code is amended by striking section 152 and inserting section 7706. (3) Section 36B(b)(3)(B) of such Code is amended by striking unless a deduction is allowed under section 151 for the taxable year with respect to a dependent in the flush matter at the end and inserting unless the taxpayer has a dependent for the taxable year. (4) Section 36B(c)(1)(D) of such Code is amended by striking with respect to whom a deduction under section 151 is allowable to another taxpayer and inserting who is a dependent of another taxpayer. (5) Section 36B(d)(1) of such Code is amended by striking equal to the number of individuals for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year and inserting the sum of 1 (2 in the case of a joint return) plus the number of the taxpayer’s dependents for the taxable year. (6) Section 36B(e)(1) of such Code is amended by striking 1 or more individuals for whom a taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year (including the taxpayer or his spouse) and inserting 1 or more of the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer. (7) Section 42(i)(3)(D)(ii)(I) of such Code is amended— (A) by striking section 152 and inserting section 7706 , and (B) by striking the period at the end and inserting a comma. (8) Section 63(b) of such Code is amended by striking minus— and all that follows and inserting minus the standard deduction.. (9) Section 63(d) of such Code is amended by striking other than— and all that follows and inserting other than the deductions allowable in arriving at adjusted gross income.. (10) Section 72(t)(2)(D)(i)(III) of such Code is amended by striking section 152 and inserting section 7706. (11) Section 72(t)(7)(A)(iii) of such Code is amended by striking section 152(f)(1) and inserting section 7706(f)(1). (12) Section 105(b) of such Code is amended— (A) by striking as defined in section 152 and inserting as defined in section 7706 , (B) by striking section 152(f)(1) and inserting section 7706(f)(1) , and (C) by striking section 152(e) and inserting section 7706(e). (13) Section 105(c)(1) of such Code is amended by striking section 152 and inserting section 7706. (14) Section 125(e)(1)(D) of such Code is amended by striking section 152 and inserting section 7706. (15) Section 129(c) of such Code is amended— (A) by striking with respect to whom, for such taxable year, a deduction is allowable under section 151(c) (relating to personal exemptions for dependents) to in paragraph (1) and inserting who is a dependent of , and (B) by striking section 152(f)(1) in paragraph (2) and inserting section 7706(f)(1). (16) Section 132(h)(2)(B) of such Code is amended— (A) by striking section 152(f)(1) and inserting section 7706(f)(1) , and (B) by striking section 152(e) and inserting section 7706(e). (17) Section 139D(c)(5) of such Code is amended by striking section 152 and inserting section 7706. (18) Section 162(l)(1)(D) of such Code is amended by striking section 152(f)(1) and inserting section 7706(f)(1). (19) Section 170(g)(1) of such Code is amended by striking section 152 and inserting section 7706. (20) Section 170(g)(3) of such Code is amended by striking section 152(d)(2) and inserting section 7706(d)(2). (21) Section 172(d) of such Code is amended by striking paragraph (3). (22) Section 220(b)(6) of such Code is amended by striking with respect to whom a deduction under section 151 is allowable to and inserting who is a dependent of. (23) Section 220(d)(2)(A) of such Code is amended by striking section 152 and inserting section 7706. (24) Section 223(b)(6) of such Code is amended by striking with respect to whom a deduction under section 151 is allowable to and inserting who is a dependent of. (25) Section 223(d)(2)(A) of such Code is amended by striking section 152 and inserting section 7706. (26) Section 401(h) of such Code is amended by striking section 152(f)(1) in the last sentence and inserting section 7706(f)(1). (27) Section 402(l)(4)(D) of such Code is amended by striking section 152 and inserting section 7706. (28) Section 409A(a)(2)(B)(ii)(I) of such Code is amended by striking section 152(a) and inserting section 7706(a). (29) Section 501(c)(9) of such Code is amended by striking section 152(f)(1) and inserting section 7706(f)(1). (30) Section 529(e)(2)(B) of such Code is amended by striking section 152(d)(2) and inserting section 7706(d)(2). (31) Section 703(a)(2) of such Code is amended by striking subparagraph (A) and by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively. (32) Section 874 of such Code is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b). (33) Section 891 of such Code is amended by striking under section 151 and. (34) Section 904(b) of such Code is amended by striking paragraph (1). (35) Section 931(b)(1) of such Code is amended by striking (other than the deduction under section 151, relating to personal exemptions). (36) Section 933 of such Code is amended— (A) by striking (other than the deduction under section 151, relating to personal exemptions) in paragraph (1), and (B) by striking (other than the deduction for personal exemptions under section 151) in paragraph (2). (37) Section 1212(b)(2)(B)(ii) of such Code is amended to read as follows: (ii) in the case of an estate or trust, the deduction allowed for such year under section 642(b).. (38) Section 1361(c)(1)(C) of such Code is amended by striking section 152(f)(1)(C) and inserting section 7706(f)(1)(C). (39) Section 1402(a) of such Code is amended by striking paragraph (7). (40) Section 2032A(c)(7)(D) of such Code is amended by striking section 152(f)(2) and inserting section 7706(f)(2). (41) Section 3402(m)(1) of such Code is amended by striking other than the deductions referred to in section 151 and. (42) Section 3402(r)(2) of such Code is amended by striking the sum of— and all that follows and inserting the standard deduction in effect under section 63(c)(1)(B).. (43) Section 5000A(b)(3)(A) of such Code is amended by striking section 152 and inserting section 7706. (44) Section 5000A(c)(4)(A) of such Code is amended by striking the number of individuals for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year and inserting the sum of 1 (2 in the case of a joint return) plus the number of the taxpayer’s dependents for the taxable year. (45) Section 6013(b)(3)(A) of such Code is amended— (A) by striking had less than the exemption amount of gross income in clause (ii) and inserting had no gross income , (B) by striking had gross income of the exemption amount or more in clause (iii) and inserting had any gross income , and (C) by striking the flush language following clause (iii). (46) Section 6103(l)(21)(A)(iii) of such Code is amended to read as follows: (iii) the number of the taxpayer’s dependents,. (47) Section 6213(g)(2) of such Code is amended by striking subparagraph (H). (48) Section 6334(d)(2) of such Code is amended to read as follows: (2) Exempt amount (A) In general For purposes of paragraph (1), the term exempt amount means an amount equal to— (i) the sum of the amount determined under subparagraph (B) and the standard deduction, divided by (ii) 52. (B) Amount determined For purposes of subparagraph (A), the amount determined under this subparagraph is $4,150 multiplied by the number of the taxpayer’s dependents for the taxable year in which the levy occurs. (C) Inflation adjustment In the case of any taxable year beginning after 2018, the $4,150 amount in subparagraph (B) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2017 for calendar year 2016 in subparagraph (A) thereof. If any increase determined under the preceding sentence is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. (D) Verified statement Unless the taxpayer submits to the Secretary a written and properly verified statement specifying the facts necessary to determine the proper amount under subparagraph (A), subparagraph (A) shall be applied as if the taxpayer were a married individual filing a separate return with no dependents.. (49) Section 7702B(f)(2)(C)(iii) of such Code is amended by striking section 152(d)(2) and inserting section 7706(d)(2). (50) Section 7703(a) of such Code is amended by striking part V of subchapter B of chapter 1 and. (51) Section 7703(b)(1) of such Code is amended by striking section 152(f)(1) and all that follows and inserting section 7706(f)(1),. (52) Section 7706(a) of such Code, as redesignated by this section, is amended by striking this subtitle and inserting subtitle A. (53) (A) Section 7706(d)(1)(B) of such Code, as redesignated by this section, is amended by striking the exemption amount (as defined in section 151(d)) and inserting $4,150. (B) Section 7706(d) of such Code, as redesignated by this section, is amended by adding at the end the following new paragraph: (6) Inflation adjustment In the case of any calendar year beginning after 2018, the $4,150 amount in paragraph (1)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2017 for calendar year 2016 in subparagraph (A)(ii) thereof. If any increase determined under the preceding sentence is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.. (54) The table of sections for chapter 79 of such Code is amended by adding at the end the following new item: Sec. 7706. Dependent defined.. (g) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 12. Permanent extension of limitation on deduction for State and local, etc., taxes (a) In general Paragraph (6) of section 164(b) of the Internal Revenue Code of 1986 is amended— (1) by striking , and before January 1, 2026 , and (2) by striking 2018 through 2025 in the heading and inserting after 2017. (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 13. Permanent extension of limitation on deduction for qualified residence interest (a) Repeal of home equity indebtedness (1) In general Section 163(h)(3)(A) of the Internal Revenue Code of 1986 is amended by striking during the taxable year on and all that follows through For purposes of and inserting during the taxable year on acquisition indebtedness with respect to any qualified principal residence of the taxpayer. For purposes of. (2) Conforming amendment Section 163(h)(3) of such Code is amended by striking subparagraph (C). (b) Limitation on acquisition indebtedness (1) In general Section 163(h)(3)(B)(ii) of the Internal Revenue Code of 1986 is amended by striking $1,000,000 ($500,000 and inserting $750,000 ($375,000. (2) Treatment of indebtedness incurred on or before December 31, 2017; refinancings Section 163(h)(3) of the Internal Revenue Code of 1986, as amended by subsection (a)(2), is amended by inserting after subparagraph (B) the following new subparagraph: (C) Treatment of indebtedness incurred on or before December 15, 2017; refinancings (i) In general In the case of any indebtedness incurred on or before December 15, 2017, subparagraph (B)(ii) shall apply as in effect immediately before the enactment of the Public Law 115–97 , and, in applying such subparagraph to any indebtedness incurred after such date, the limitation under such subparagraph shall be reduced (but not below zero) by the amount of any indebtedness incurred on or before December 15, 2017, which is treated as acquisition indebtedness for purposes of this subsection for the taxable year. (ii) Binding contract exception In the case of a taxpayer who enters into a written binding contract before December 15, 2017, to close on the purchase of a principal residence before January 1, 2018, and who purchases such residence before April 1, 2018, subclause (III) shall be applied by substituting April 1, 2018 for December 15, 2017. (iii) Treatment of refinancings of indebtedness (I) In general In the case of any indebtedness which is incurred to refinance indebtedness, such refinanced indebtedness shall be treated for purposes of clause (i) as incurred on the date that the original indebtedness was incurred to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. (II) Limitation on period of refinancing Subclause (I) shall not apply to any indebtedness after the expiration of the term of the original indebtedness or, if the principal of such original indebtedness is not amortized over its term, the expiration of the term of the 1st refinancing of such indebtedness (or if earlier, the date which is 30 years after the date of such 1st refinancing).. (c) Coordination with exclusion of income from discharge of indebtedness Section 108(h)(2) of the Internal Revenue Code of 1986 is amended by striking , applied by substituting and all that follows through section 163(h)(3)(F)(i)(II). (d) Conforming amendments Section 163(h)(3) of the Internal Revenue Code of 1986 is amended— (1) in the heading of subparagraph (D)(ii), by striking $1,000,000 , and (2) by striking subparagraph (F). (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 14. Permanent extension of modifications to deduction for personal casualty losses (a) In general Paragraph (5) of section 165(h) of the Internal Revenue Code of 1986 is amended— (1) by striking , and before January 1, 2026 in subparagraph (A), and (2) by striking 2018 through 2025 in the heading and inserting after 2017. (b) Effective date The amendments made by this section shall apply to losses incurred in taxable years beginning after December 31, 2020. 15. Repeal of miscellaneous itemized deductions (a) In general Section 67 of the Internal Revenue Code of 1986 is amended— (1) by striking subsection (a) and inserting the following: (a) General rule No miscellaneous itemized deduction shall be allowed for any taxable year beginning after December 31, 2017. , (2) by striking subsection (g), and (3) by striking 2-percent floor on in the heading and inserting Treatment of. (b) Conforming amendment The table of sections for part I of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking 2-percent floor on in the item relating to section 67 and inserting Treatment of. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 16. Repeal of overall limitation on itemized deductions (a) In general Part 1 of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 68 (and the item relating to such section in the table of sections for such part). (b) Conforming amendments (1) Section 1(f)(7) of the Internal Revenue Code of 1986 is amended by striking section 68(b)(2),. (2) Section 56(b)(1) of such Code is amended by striking subparagraph (F). (3) Section 164(b)(5)(H)(ii)(III) of such Code is amended by inserting (as in effect before the date of the enactment of the Tax Cuts and Jobs Act) after 68(b). (4) Section 642(b)(2)(C)(i)(I) of such Code is amended by striking as an individual described in section 68(b)(1)(C) and inserting as an individual who is not married and who is not a surviving spouse or head of household. (5) Section 773(a)(3)(B) of such Code is amended by striking clause (i) and redesignating clauses (ii) through (iv) as clauses (i) through (iii), respectively. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 17. Repeal of exclusion for qualified bicycle commuting reimbursement (a) In general Section 132(f)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Conforming amendments (1) Section 132(f)(2) of the Internal Revenue Code of 1986 is amended by inserting and at the end of subparagraph (A), by striking , and at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Section 132(f)(4) of such Code is amended by striking (other than a qualified bicycle commuting reimbursement). (3) Section 132(f)(5) of such Code is amended by striking subparagraph (F). (4) Section 132(f) of such Code is amended by striking paragraph (8). (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 18. Permanent extension of modification of exclusion for qualified moving expense reimbursement (a) In general Section 132(g) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1), by striking individual and inserting qualified military member , and (2) by striking paragraph (2) and inserting the following: (2) Qualified military member For purposes of paragraph (1), the term qualified military member means a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.. (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 19. Repeal of deduction for moving expenses (a) In general Subsection (a) of section 217 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Deduction allowed There shall be allowed as a deduction moving expenses paid or incurred during the taxable year in connection with the commencement of work by a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.. (b) Conforming amendments (1) Section 217 of the Internal Revenue Code of 1986 is amended— (A) by striking subsections (c), (d), (f), and (i), (B) by redesignating subsections (g), (h), and (j) as subsections (c), (d), and (e), respectively, and (C) in subsection (c), as so redesignated— (i) by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and (ii) in paragraph (2) (as so redesignated), by striking moving expenses of his spouse and dependents and all that follows and inserting moving expenses of his spouse and dependents as if his spouse commenced work as an employee at a new principal place of work at such location.. (2) Section 23 of such Code is amended by striking 217(h)(3) each place it appears in subsections (d)(3) and (e) and inserting 217(d)(3). (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 20. Permanent extension of limitation on wagering losses (a) In general The second sentence of section 165(d) of the Internal Revenue Code of 1986 is amended by striking in the case of taxable years beginning after December 31, 2017, and before January 1, 2026,. (b) Effective date The amendments made by this section shall not apply to taxable years beginning after December 31, 2020. 21. Increase in estate and gift tax exemption made permanent (a) In general Section 2010(c)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000,000 and inserting $10,000,000. (b) Conforming amendments (1) Section 2010(c)(3) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C). (2) Subsection (g) of section 2001 of such Code is amended to read as follows: (g) Modifications to gift tax payable To reflect different tax rates For purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect at the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute— (1) the tax imposed by chapter 12 with respect to such gifts, and (2) the credit allowed against such tax under section 2505, including in computing— (A) the applicable credit amount under section 2505(a)(1), and (B) the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2).. (c) Effective date The amendments made by this section shall apply to estates of decedents dying and gifts made after December 31, 2020. 22. Increase in alternative minimum tax exemption made permanent (a) In general Section 55(d) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1)— (A) by striking $78,750 in subparagraph (A) and inserting $109,400 , and (B) by striking $50,600 in subparagraph (B) and inserting $70,300 , and (2) in paragraph (2)— (A) by striking $150,000 in subparagraph (A) and inserting $1,000,000 , and (B) by striking subparagraphs (B) and (C) and inserting the following: (B) 50 percent of the dollar amount applicable under subparagraph (A) in the case of a taxpayer described in subparagraph (B) or (C) of paragraph (1), and (C) 50 percent of $150,000 in the case of a taxpayer described in paragraph (1)(D).. (b) Inflation adjustment (1) In general Section 55(d)(3)(A)(ii) of the Internal Revenue Code of 1986 is amended to read as follows: (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting for calendar year 2016 in subparagraph (A)(ii) thereof— (I) calendar year 2011 in the case of the dollar amounts described in clauses (i), (iv), and (v) of subparagraph (B), and (II) calendar year 2017 in the case of the dollar amounts described in clauses (ii) and (iii) of subparagraph (B).. (2) Conforming amendments Section 55(d)(3)(B) of such Code is amended— (A) by striking subparagraphs (A), (B), and (D) of paragraph (1), and in clause (ii) and inserting subparagraphs (A) and (B) of paragraph (1), , (B) by striking subparagraphs (A) and (B) of paragraph (2). in clause (iii) and inserting paragraph (2)(A), , and (C) by adding at the end the following: (iv) the dollar amount contained in paragraph (1)(D), and (v) the dollar amount contained in paragraph (2)(C).. (c) Treatment of unearned income of minor children Section 59 of the Internal Revenue Code of 1986 is amended by striking subsection (j). (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 23. Technical amendment Section 11000 of Public Law 115–97 is amended by redesignating subsection (a) as subsection (b) and by inserting before subsection (b) (as so redesignated) the following new subsection: (a) Short title This title may be cited as the Tax Cuts and Jobs Act..
41,574
117s1657rs
117
s
1,657
rs
To impose sanctions with respect to the People's Republic of China in relation to activities in the South China Sea and the East China Sea, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the South China Sea and East China Sea Sanctions Act of 2021.", "id": "id419DEBB8DFDC486FB3F94DE863C80243", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Account; correspondent account; payable-through account \nThe terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Alien \nThe term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (3) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Chinese person \nThe term Chinese person means— (A) an individual who is a citizen or national of the People's Republic of China; or (B) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (5) Financial institution \nThe term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (6) Foreign financial institution \nThe term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (7) Knowingly \nThe term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (8) Person \nThe term person means any individual or entity. (9) United states person \nThe term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.", "id": "ida3ec5b8c4d204fcd9f81c3cd95826e7a", "header": "Definitions" }, { "text": "3. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea \n(a) Initial imposition of sanctions \nOn and after the date that is 60 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to— (1) any Chinese person that contributes to construction or development projects, including land reclamation, island-making, lighthouse construction, building of base stations for mobile communications services, building of electricity and fuel supply facilities, or civil infrastructure projects, or contributes to the ongoing supply of new settlements resulting from such development projects, in areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations; (2) any Chinese person that is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft to impose the sovereignty of the People’s Republic of China in those areas; (3) any Chinese person that engages, or attempts to engage, in an activity or transaction that materially contributes to, or poses a risk of materially contributing to, an activity described in paragraph (1) or (2); and (4) any person that— (A) is owned or controlled by a person described in paragraph (1), (2), or (3); (B) is acting for or on behalf of such a person; or (C) provides, or attempts to provide— (i) financial, material, technological, or other support to a person described in paragraph (1), (2), or (3); or (ii) goods or services in support of an activity described in paragraph (1), (2), or (3). (b) Sanctions described \n(1) Blocking of property \nThe President shall block and prohibit, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), all transactions in all property and interests in property of any person subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Exclusion from united states \nThe Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien. (3) Current visa revoked \nThe issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to any person subject to subsection (a) that is an alien, regardless of when issued. The revocation shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (c) Exceptions; penalties \n(1) Inapplicability of national emergency requirement \nThe requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of subsection (b)(1). (2) Compliance with united nations headquarters agreement \nParagraphs (2) and (3) of subsection (b) shall not apply if admission of an alien to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. (3) Penalties \nThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection (b)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (d) Additional imposition of sanctions \n(1) In general \nThe President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 60 days after the date of the enactment of this Act, conducts or facilitates a significant financial transaction for a person subject to subsection (a) if the Director of National Intelligence determines that the Government of the People’s Republic of China has— (A) declared an air defense identification zone over any part of the South China Sea; (B) initiated reclamation work at another disputed location in the South China Sea, such as at Scarborough Shoal; (C) seized control of Second Thomas Shoal; (D) deployed surface-to-air missiles to any of the artificial islands the People’s Republic of China has built in the Spratly Island chain, including Fiery Cross, Mischief, or Subi Reefs; (E) established territorial baselines around the Spratly Island chain; (F) repeated harassment of Philippine vessels; or (G) repeated provocative actions against the Japanese Coast Guard or Maritime Self-Defense Force or United States forces in the East China Sea. (2) Report \n(A) In general \nThe determination of the Director of National Intelligence referred to in paragraph (1) shall be submitted in a report to the President and the appropriate committees of Congress. (B) Form of report \nThe report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.", "id": "id14079758656E429BA8BC092DE93A5690", "header": "Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea" }, { "text": "4. Determinations and report on Chinese companies active in the South China Sea and the East China Sea \n(a) In general \nThe Secretary of State shall submit to the appropriate committees of Congress a report that identifies each Chinese person the Secretary determines is engaged in the activities described in section 3(a). (b) Consideration \nIn preparing the report required under subsection (a), the Secretary shall make specific findings with respect to whether each of the following persons is involved in the activities described in section 3(a): (1) CCCC Tianjin Dredging Co., Ltd. (2) CCCC Dredging (Group) Company, Ltd. (3) China Communications Construction Company (CCCC), Ltd. (4) China Petroleum Corporation (Sinopec Group). (5) China Mobile. (6) China Telecom. (7) China Southern Power Grid. (8) CNFC Guangzhou Harbor Engineering Company. (9) Zhanjiang South Project Construction Bureau. (10) Hubei Jiangtian Construction Group. (11) China Harbour Engineering Company (CHEC). (12) Guangdong Navigation Group (GNG) Ocean Shipping. (13) Shanghai Leading Energy Shipping. (14) China National Offshore Oil Corporation (CNOOC). (15) China Oilfield Services Limited (COSL). (16) China Precision Machinery Import/Export Corporation (CPMIEC). (17) China Aerospace Science and Industry Corporation (CASIC). (18) Aviation Industry Corporation of China (AVIC). (19) Shenyang Aircraft Corporation. (20) Shaanxi Aircraft Corporation. (21) China Ocean Shipping (Group) Company (COSCO). (22) China Southern Airlines. (23) Zhan Chaoying. (24) Sany Group. (25) Chinese persons affiliated with any of the entities specified in paragraphs (1) through (24). (c) Submission and form \n(1) Submission \nThe report required by subsection (a) shall be submitted not later than 60 days after the date of the enactment of this Act and every 180 days thereafter until the date that is 3 years after such date of enactment. (2) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary for the national security interests of the United States to do so. (3) Public availability \nThe Secretary shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State.", "id": "id0E1C904F852043C08FCFE362B50CE77B", "header": "Determinations and report on Chinese companies active in the South China Sea and the East China Sea" }, { "text": "5. Prohibition against documents portraying the South China Sea or the East China Sea as part of China \nThe Government Publishing Office may not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea contested by one or more members of the Association of Southeast Asian Nations or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea is part of the territory or airspace of the People’s Republic of China.", "id": "id4CE7DA1554CA4FEF9AFFE518C4A3FBA9", "header": "Prohibition against documents portraying the South China Sea or the East China Sea as part of China" }, { "text": "6. Prohibition on facilitating certain investments in the South China Sea or the East China Sea \n(a) In general \nNo United States person may take any action to approve, facilitate, finance, or guarantee any investment, provide insurance, or underwriting in the South China Sea or the East China Sea that involves any person with respect to which sanctions are imposed under section 3(a). (b) Enforcement \nThe Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including the promulgation of such rules and regulations, as may be necessary to carry out the purposes of this section. (c) Penalties \nThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (d) Exception \nSubsection (a) shall not apply with respect to humanitarian assistance, disaster assistance, or emergency food assistance.", "id": "id4a84bad08106487aa76dddebcca4251c", "header": "Prohibition on facilitating certain investments in the South China Sea or the East China Sea" }, { "text": "7. Department of Justice affirmation of non-recognition of annexation \nIn any matter before any United States court, upon request of the court or any party to the matter, the Attorney General shall affirm the United States policy of not recognizing the de jure or de facto sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea.", "id": "id0522B8E8B2F24CDBB1EAA913FEA81E09", "header": "Department of Justice affirmation of non-recognition of annexation" }, { "text": "8. Non-recognition of Chinese sovereignty over the South China Sea or the East China Sea \n(a) United states armed forces \nThe Secretary of Defense may not take any action, including any movement of aircraft or vessels that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (b) United states flagged vessels \nNo vessel that is issued a certificate of documentation under chapter 121 of title 46, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (c) United states aircraft \nNo aircraft operated by an air carrier that holds an air carrier certificate issued under chapter 411 of title 49, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea.", "id": "id66210b8b00884acd9293e29546625f9d", "header": "Non-recognition of Chinese sovereignty over the South China Sea or the East China Sea" }, { "text": "9. Prohibition on certain assistance to countries that recognize Chinese sovereignty over the South China Sea or the East China Sea \n(a) Prohibition \nExcept as provided by subsection (c) or (d), no amounts may be obligated or expended to provide foreign assistance to the government of any country identified in a report required by subsection (b). (b) Report required \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the appropriate committees of Congress a report identifying each country that the Secretary determines recognizes, after such date of enactment, the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so. (3) Public availability \nThe Secretary of State shall publish the unclassified part of the report required by paragraph (1) on a publicly available website of the Department of State. (c) Exception \nThis section shall not apply with respect to Taiwan, humanitarian assistance, disaster assistance, emergency food assistance, or the Peace Corps. (d) Waiver \nThe President may waive the application of subsection (a) with respect to the government of a country if the President determines that the waiver is in the national interests of the United States.", "id": "id14DC16117CC04920BA5936DD18C9B869", "header": "Prohibition on certain assistance to countries that recognize Chinese sovereignty over the South China Sea or the East China Sea" }, { "text": "1. Short title \nThis Act may be cited as the South China Sea and East China Sea Sanctions Act of 2021.", "id": "id5a797ac9-a5b8-473d-94e4-3bd70455448e", "header": "Short title" }, { "text": "2. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea \n(a) Initial imposition of sanctions \nOn and after the date that is 120 days after the date of the enactment of this Act, the President may impose the sanctions described in subsection (b) with respect to any Chinese person, including any senior official of the Government of the People's Republic of China, that the President determines— (1) is responsible for or significantly contributes to large-scale reclamation, construction, militarization, or ongoing supply of outposts in disputed areas of the South China Sea; (2) is responsible for or significantly contributes to, or has engaged in, directly or indirectly, actions, including the use of coercion, to inhibit another country from protecting its sovereign rights to access offshore resources in the South China Sea, including in such country’s exclusive economic zone, consistent with such country’s rights and obligations under international law; (3) is responsible for or complicit in, or has engaged in, directly or indirectly, actions that significantly threaten the peace, security, or stability of disputed areas of the South China Sea or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft by the People’s Republic of China to occupy or conduct extensive research or drilling activity in those areas; (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to, or in support of, any person subject to sanctions pursuant to paragraph (1), (2), or (3); or (5) is owned or controlled by, or has acted for or on behalf of, directly or indirectly, any person subject to sanctions pursuant to paragraph (1), (2), or (3). (b) Sanctions described \nThe sanctions that may be imposed with respect to a person described in subsection (a) are the following: (1) Blocking of property \nThe President may, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in all property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole \n(A) Visas, admission, or parole \nIn the case of an alien, the alien may be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked \n(i) In general \nAn alien described in subparagraph (A) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect \nA revocation under clause (i) may— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the alien’s possession. (3) Exclusion of corporate officers \nThe President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the person. (4) Export sanction \nThe President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under— (A) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); or (B) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (5) Inclusion on entity list \nThe President may include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States. (6) Ban on investment in equity or debt of sanctioned person \nThe President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing equity or debt instruments of the person. (7) Banking transactions \nThe President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the person. (8) Correspondent and payable-through accounts \nIn the case of a foreign financial institution, the President may prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. (c) Exceptions \n(1) Inapplicability of national emergency requirement \nThe requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of subsection (b)(1). (2) Exception for intelligence, law enforcement, and national security activities \nSanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (3) Compliance with united nations headquarters agreement \nParagraphs (2) and (3) of subsection (b) shall not apply if admission of an alien to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. (4) Exception relating to importation of goods \n(A) In general \nThe authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined \nIn this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (d) Implementation; penalties \n(1) Implementation \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties \nThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection (b)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (e) Definitions \nIn this section: (1) Account; correspondent account; payable-through account \nThe terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Alien \nThe term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (3) Chinese person \nThe term Chinese person means— (A) an individual who is a citizen or national of the People's Republic of China; or (B) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (4) Financial institution \nThe term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (5) Foreign financial institution \nThe term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (6) Person \nThe term person means any individual or entity. (7) United states person \nThe term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States.", "id": "id90d24dea31394e889a5e6af71dac7943", "header": "Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea" }, { "text": "3. Sense of Congress regarding portrayals of the South China Sea or the East China Sea as part of China \nIt is the sense of Congress that the Government Publishing Office should not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea that is disputed among two or more parties or the territory or airspace of areas administered by Japan or the Republic of Korea, including in the East China Sea, is part of the territory or airspace of the People’s Republic of China.", "id": "id00829c0e02c74cd284f259765ce85766", "header": "Sense of Congress regarding portrayals of the South China Sea or the East China Sea as part of China" }, { "text": "4. Sense of Congress on 2016 Permanent Court of Arbitration’s tribunal ruling on arbitration case between Philippines and People's Republic of China \n(a) Finding \nCongress finds that on July 12, 2016, a tribunal of the Permanent Court of Arbitration found in the arbitration case between the Philippines and the People's Republic of China under the United Nations Convention on the Law of the Sea that the People’s Republic of China’s claims, including those to offshore resources and historic rights , were unlawful, and that the tribunal’s ruling is final and legally binding on both parties. (b) Sense of Congress \nIt is the sense of Congress that— (1) the United States and the international community should reject the unlawful claims of the People's Republic of China within the exclusive economic zone or on the continental shelf of the Philippines, as well as the maritime claims of the People's Republic of China beyond a 12-nautical-mile territorial sea from the islands it claims in the South China Sea; (2) the provocative behavior of the People's Republic of China, including coercing other countries with claims in the South China Sea and preventing those countries from accessing offshore resources, undermines peace and stability in the South China Sea; (3) the international community should— (A) support and adhere to the ruling described in subsection (a) in compliance with international law; and (B) take all necessary steps to support the rules-based international order in the South China Sea; and (4) all claimants in the South China Sea should— (A) refrain from engaging in destabilizing activities, including illegal occupation or efforts to unlawfully assert control over disputed claims; (B) ensure that disputes are managed without intimidation, coercion, or force; (C) clarify or adjust claims in accordance with international law; and (D) uphold the principle that territorial and maritime claims, including over territorial waters or territorial seas, must be derived from land features and otherwise comport with international law.", "id": "idaecc1cb486ea4eeb8df03133a4d81f5b", "header": "Sense of Congress on 2016 Permanent Court of Arbitration’s tribunal ruling on arbitration case between Philippines and People's Republic of China" }, { "text": "5. Report on countries that recognize Chinese sovereignty over the South China Sea or the East China Sea \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, and annually thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report identifying each country that the Secretary determines has taken an official and stated position to recognize, after such date of enactment, the sovereignty of the People’s Republic of China over territory or airspace disputed by one or more countries in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (b) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so. (c) Public availability \nThe Secretary of State shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State.", "id": "id8560949df70240319d539c5ae51888a7", "header": "Report on countries that recognize Chinese sovereignty over the South China Sea or the East China Sea" } ]
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1. Short title This Act may be cited as the South China Sea and East China Sea Sanctions Act of 2021. 2. Definitions In this Act: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Alien The term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (3) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Chinese person The term Chinese person means— (A) an individual who is a citizen or national of the People's Republic of China; or (B) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (5) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (6) Foreign financial institution The term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (7) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (8) Person The term person means any individual or entity. (9) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea (a) Initial imposition of sanctions On and after the date that is 60 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to— (1) any Chinese person that contributes to construction or development projects, including land reclamation, island-making, lighthouse construction, building of base stations for mobile communications services, building of electricity and fuel supply facilities, or civil infrastructure projects, or contributes to the ongoing supply of new settlements resulting from such development projects, in areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations; (2) any Chinese person that is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft to impose the sovereignty of the People’s Republic of China in those areas; (3) any Chinese person that engages, or attempts to engage, in an activity or transaction that materially contributes to, or poses a risk of materially contributing to, an activity described in paragraph (1) or (2); and (4) any person that— (A) is owned or controlled by a person described in paragraph (1), (2), or (3); (B) is acting for or on behalf of such a person; or (C) provides, or attempts to provide— (i) financial, material, technological, or other support to a person described in paragraph (1), (2), or (3); or (ii) goods or services in support of an activity described in paragraph (1), (2), or (3). (b) Sanctions described (1) Blocking of property The President shall block and prohibit, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), all transactions in all property and interests in property of any person subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Exclusion from united states The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien. (3) Current visa revoked The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to any person subject to subsection (a) that is an alien, regardless of when issued. The revocation shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (c) Exceptions; penalties (1) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of subsection (b)(1). (2) Compliance with united nations headquarters agreement Paragraphs (2) and (3) of subsection (b) shall not apply if admission of an alien to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. (3) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection (b)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (d) Additional imposition of sanctions (1) In general The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 60 days after the date of the enactment of this Act, conducts or facilitates a significant financial transaction for a person subject to subsection (a) if the Director of National Intelligence determines that the Government of the People’s Republic of China has— (A) declared an air defense identification zone over any part of the South China Sea; (B) initiated reclamation work at another disputed location in the South China Sea, such as at Scarborough Shoal; (C) seized control of Second Thomas Shoal; (D) deployed surface-to-air missiles to any of the artificial islands the People’s Republic of China has built in the Spratly Island chain, including Fiery Cross, Mischief, or Subi Reefs; (E) established territorial baselines around the Spratly Island chain; (F) repeated harassment of Philippine vessels; or (G) repeated provocative actions against the Japanese Coast Guard or Maritime Self-Defense Force or United States forces in the East China Sea. (2) Report (A) In general The determination of the Director of National Intelligence referred to in paragraph (1) shall be submitted in a report to the President and the appropriate committees of Congress. (B) Form of report The report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. 4. Determinations and report on Chinese companies active in the South China Sea and the East China Sea (a) In general The Secretary of State shall submit to the appropriate committees of Congress a report that identifies each Chinese person the Secretary determines is engaged in the activities described in section 3(a). (b) Consideration In preparing the report required under subsection (a), the Secretary shall make specific findings with respect to whether each of the following persons is involved in the activities described in section 3(a): (1) CCCC Tianjin Dredging Co., Ltd. (2) CCCC Dredging (Group) Company, Ltd. (3) China Communications Construction Company (CCCC), Ltd. (4) China Petroleum Corporation (Sinopec Group). (5) China Mobile. (6) China Telecom. (7) China Southern Power Grid. (8) CNFC Guangzhou Harbor Engineering Company. (9) Zhanjiang South Project Construction Bureau. (10) Hubei Jiangtian Construction Group. (11) China Harbour Engineering Company (CHEC). (12) Guangdong Navigation Group (GNG) Ocean Shipping. (13) Shanghai Leading Energy Shipping. (14) China National Offshore Oil Corporation (CNOOC). (15) China Oilfield Services Limited (COSL). (16) China Precision Machinery Import/Export Corporation (CPMIEC). (17) China Aerospace Science and Industry Corporation (CASIC). (18) Aviation Industry Corporation of China (AVIC). (19) Shenyang Aircraft Corporation. (20) Shaanxi Aircraft Corporation. (21) China Ocean Shipping (Group) Company (COSCO). (22) China Southern Airlines. (23) Zhan Chaoying. (24) Sany Group. (25) Chinese persons affiliated with any of the entities specified in paragraphs (1) through (24). (c) Submission and form (1) Submission The report required by subsection (a) shall be submitted not later than 60 days after the date of the enactment of this Act and every 180 days thereafter until the date that is 3 years after such date of enactment. (2) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary for the national security interests of the United States to do so. (3) Public availability The Secretary shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State. 5. Prohibition against documents portraying the South China Sea or the East China Sea as part of China The Government Publishing Office may not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea contested by one or more members of the Association of Southeast Asian Nations or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea is part of the territory or airspace of the People’s Republic of China. 6. Prohibition on facilitating certain investments in the South China Sea or the East China Sea (a) In general No United States person may take any action to approve, facilitate, finance, or guarantee any investment, provide insurance, or underwriting in the South China Sea or the East China Sea that involves any person with respect to which sanctions are imposed under section 3(a). (b) Enforcement The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including the promulgation of such rules and regulations, as may be necessary to carry out the purposes of this section. (c) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (d) Exception Subsection (a) shall not apply with respect to humanitarian assistance, disaster assistance, or emergency food assistance. 7. Department of Justice affirmation of non-recognition of annexation In any matter before any United States court, upon request of the court or any party to the matter, the Attorney General shall affirm the United States policy of not recognizing the de jure or de facto sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. 8. Non-recognition of Chinese sovereignty over the South China Sea or the East China Sea (a) United states armed forces The Secretary of Defense may not take any action, including any movement of aircraft or vessels that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (b) United states flagged vessels No vessel that is issued a certificate of documentation under chapter 121 of title 46, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (c) United states aircraft No aircraft operated by an air carrier that holds an air carrier certificate issued under chapter 411 of title 49, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. 9. Prohibition on certain assistance to countries that recognize Chinese sovereignty over the South China Sea or the East China Sea (a) Prohibition Except as provided by subsection (c) or (d), no amounts may be obligated or expended to provide foreign assistance to the government of any country identified in a report required by subsection (b). (b) Report required (1) In general Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the appropriate committees of Congress a report identifying each country that the Secretary determines recognizes, after such date of enactment, the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so. (3) Public availability The Secretary of State shall publish the unclassified part of the report required by paragraph (1) on a publicly available website of the Department of State. (c) Exception This section shall not apply with respect to Taiwan, humanitarian assistance, disaster assistance, emergency food assistance, or the Peace Corps. (d) Waiver The President may waive the application of subsection (a) with respect to the government of a country if the President determines that the waiver is in the national interests of the United States. 1. Short title This Act may be cited as the South China Sea and East China Sea Sanctions Act of 2021. 2. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea (a) Initial imposition of sanctions On and after the date that is 120 days after the date of the enactment of this Act, the President may impose the sanctions described in subsection (b) with respect to any Chinese person, including any senior official of the Government of the People's Republic of China, that the President determines— (1) is responsible for or significantly contributes to large-scale reclamation, construction, militarization, or ongoing supply of outposts in disputed areas of the South China Sea; (2) is responsible for or significantly contributes to, or has engaged in, directly or indirectly, actions, including the use of coercion, to inhibit another country from protecting its sovereign rights to access offshore resources in the South China Sea, including in such country’s exclusive economic zone, consistent with such country’s rights and obligations under international law; (3) is responsible for or complicit in, or has engaged in, directly or indirectly, actions that significantly threaten the peace, security, or stability of disputed areas of the South China Sea or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft by the People’s Republic of China to occupy or conduct extensive research or drilling activity in those areas; (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to, or in support of, any person subject to sanctions pursuant to paragraph (1), (2), or (3); or (5) is owned or controlled by, or has acted for or on behalf of, directly or indirectly, any person subject to sanctions pursuant to paragraph (1), (2), or (3). (b) Sanctions described The sanctions that may be imposed with respect to a person described in subsection (a) are the following: (1) Blocking of property The President may, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in all property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole In the case of an alien, the alien may be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general An alien described in subparagraph (A) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) may— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the alien’s possession. (3) Exclusion of corporate officers The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the person. (4) Export sanction The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under— (A) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); or (B) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (5) Inclusion on entity list The President may include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States. (6) Ban on investment in equity or debt of sanctioned person The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing equity or debt instruments of the person. (7) Banking transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the person. (8) Correspondent and payable-through accounts In the case of a foreign financial institution, the President may prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. (c) Exceptions (1) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of subsection (b)(1). (2) Exception for intelligence, law enforcement, and national security activities Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (3) Compliance with united nations headquarters agreement Paragraphs (2) and (3) of subsection (b) shall not apply if admission of an alien to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. (4) Exception relating to importation of goods (A) In general The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (d) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection (b)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (e) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Alien The term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (3) Chinese person The term Chinese person means— (A) an individual who is a citizen or national of the People's Republic of China; or (B) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (4) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (5) Foreign financial institution The term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (6) Person The term person means any individual or entity. (7) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 3. Sense of Congress regarding portrayals of the South China Sea or the East China Sea as part of China It is the sense of Congress that the Government Publishing Office should not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea that is disputed among two or more parties or the territory or airspace of areas administered by Japan or the Republic of Korea, including in the East China Sea, is part of the territory or airspace of the People’s Republic of China. 4. Sense of Congress on 2016 Permanent Court of Arbitration’s tribunal ruling on arbitration case between Philippines and People's Republic of China (a) Finding Congress finds that on July 12, 2016, a tribunal of the Permanent Court of Arbitration found in the arbitration case between the Philippines and the People's Republic of China under the United Nations Convention on the Law of the Sea that the People’s Republic of China’s claims, including those to offshore resources and historic rights , were unlawful, and that the tribunal’s ruling is final and legally binding on both parties. (b) Sense of Congress It is the sense of Congress that— (1) the United States and the international community should reject the unlawful claims of the People's Republic of China within the exclusive economic zone or on the continental shelf of the Philippines, as well as the maritime claims of the People's Republic of China beyond a 12-nautical-mile territorial sea from the islands it claims in the South China Sea; (2) the provocative behavior of the People's Republic of China, including coercing other countries with claims in the South China Sea and preventing those countries from accessing offshore resources, undermines peace and stability in the South China Sea; (3) the international community should— (A) support and adhere to the ruling described in subsection (a) in compliance with international law; and (B) take all necessary steps to support the rules-based international order in the South China Sea; and (4) all claimants in the South China Sea should— (A) refrain from engaging in destabilizing activities, including illegal occupation or efforts to unlawfully assert control over disputed claims; (B) ensure that disputes are managed without intimidation, coercion, or force; (C) clarify or adjust claims in accordance with international law; and (D) uphold the principle that territorial and maritime claims, including over territorial waters or territorial seas, must be derived from land features and otherwise comport with international law. 5. Report on countries that recognize Chinese sovereignty over the South China Sea or the East China Sea (a) In general Not later than 60 days after the date of the enactment of this Act, and annually thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report identifying each country that the Secretary determines has taken an official and stated position to recognize, after such date of enactment, the sovereignty of the People’s Republic of China over territory or airspace disputed by one or more countries in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so. (c) Public availability The Secretary of State shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State.
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To impose sanctions with respect to the People's Republic of China in relation to activities in the South China Sea and the East China Sea, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the South China Sea and East China Sea Sanctions Act of 2021.", "id": "id419DEBB8DFDC486FB3F94DE863C80243", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Account; correspondent account; payable-through account \nThe terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Alien \nThe term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (3) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Chinese person \nThe term Chinese person means— (A) an individual who is a citizen or national of the People's Republic of China; or (B) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (5) Financial institution \nThe term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (6) Foreign financial institution \nThe term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (7) Knowingly \nThe term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (8) Person \nThe term person means any individual or entity. (9) United states person \nThe term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.", "id": "ida3ec5b8c4d204fcd9f81c3cd95826e7a", "header": "Definitions" }, { "text": "3. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea \n(a) Initial imposition of sanctions \nOn and after the date that is 60 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to— (1) any Chinese person that contributes to construction or development projects, including land reclamation, island-making, lighthouse construction, building of base stations for mobile communications services, building of electricity and fuel supply facilities, or civil infrastructure projects, or contributes to the ongoing supply of new settlements resulting from such development projects, in areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations; (2) any Chinese person that is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft to impose the sovereignty of the People’s Republic of China in those areas; (3) any Chinese person that engages, or attempts to engage, in an activity or transaction that materially contributes to, or poses a risk of materially contributing to, an activity described in paragraph (1) or (2); and (4) any person that— (A) is owned or controlled by a person described in paragraph (1), (2), or (3); (B) is acting for or on behalf of such a person; or (C) provides, or attempts to provide— (i) financial, material, technological, or other support to a person described in paragraph (1), (2), or (3); or (ii) goods or services in support of an activity described in paragraph (1), (2), or (3). (b) Sanctions described \n(1) Blocking of property \nThe President shall block and prohibit, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of any person subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Exclusion from united states \nThe Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien. (3) Current visa revoked \nThe issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to any person subject to subsection (a) that is an alien, regardless of when issued. The revocation shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (c) Exceptions; penalties \n(1) Inapplicability of national emergency requirement \nThe requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of subsection (b)(1). (2) Compliance with united nations headquarters agreement \nParagraphs (2) and (3) of subsection (b) shall not apply if admission of an alien to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. (3) Penalties \nThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection (b)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (d) Additional imposition of sanctions \n(1) In general \nThe President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 60 days after the date of the enactment of this Act, conducts or facilitates a significant financial transaction for a person subject to subsection (a) if the Director of National Intelligence determines that the Government of the People’s Republic of China has— (A) declared an air defense identification zone over any part of the South China Sea; (B) initiated reclamation work at another disputed location in the South China Sea, such as at Scarborough Shoal; (C) seized control of Second Thomas Shoal; (D) deployed surface-to-air missiles to any of the artificial islands the People’s Republic of China has built in the Spratly Island chain, including Fiery Cross, Mischief, or Subi Reefs; (E) established territorial baselines around the Spratly Island chain; (F) repeated harassment of Philippine vessels; or (G) repeated provocative actions against the Japanese Coast Guard or Maritime Self-Defense Force or United States forces in the East China Sea. (2) Report \n(A) In general \nThe determination of the Director of National Intelligence referred to in paragraph (1) shall be submitted in a report to the President and the appropriate committees of Congress. (B) Form of report \nThe report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.", "id": "id14079758656E429BA8BC092DE93A5690", "header": "Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea" }, { "text": "4. Determinations and report on Chinese companies active in the South China Sea and the East China Sea \n(a) In general \nThe Secretary of State shall submit to the appropriate committees of Congress a report that identifies each Chinese person the Secretary determines is engaged in the activities described in section 3(a). (b) Consideration \nIn preparing the report required under subsection (a), the Secretary shall make specific findings with respect to whether each of the following persons is involved in the activities described in section 3(a): (1) CCCC Tianjin Dredging Co., Ltd. (2) CCCC Dredging (Group) Company, Ltd. (3) China Communications Construction Company (CCCC), Ltd. (4) China Petroleum Corporation (Sinopec Group). (5) China Mobile. (6) China Telecom. (7) China Southern Power Grid. (8) CNFC Guangzhou Harbor Engineering Company. (9) Zhanjiang South Project Construction Bureau. (10) Hubei Jiangtian Construction Group. (11) China Harbour Engineering Company (CHEC). (12) Guangdong Navigation Group (GNG) Ocean Shipping. (13) Shanghai Leading Energy Shipping. (14) China National Offshore Oil Corporation (CNOOC). (15) China Oilfield Services Limited (COSL). (16) China Precision Machinery Import/Export Corporation (CPMIEC). (17) China Aerospace Science and Industry Corporation (CASIC). (18) Aviation Industry Corporation of China (AVIC). (19) Shenyang Aircraft Corporation. (20) Shaanxi Aircraft Corporation. (21) China Ocean Shipping (Group) Company (COSCO). (22) China Southern Airlines. (23) Zhan Chaoying. (24) Sany Group. (25) Chinese persons affiliated with any of the entities specified in paragraphs (1) through (24). (c) Submission and form \n(1) Submission \nThe report required by subsection (a) shall be submitted not later than 60 days after the date of the enactment of this Act and every 180 days thereafter until the date that is 3 years after such date of enactment. (2) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary for the national security interests of the United States to do so. (3) Public availability \nThe Secretary shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State.", "id": "id0E1C904F852043C08FCFE362B50CE77B", "header": "Determinations and report on Chinese companies active in the South China Sea and the East China Sea" }, { "text": "5. Prohibition against documents portraying the South China Sea or the East China Sea as part of China \nThe Government Publishing Office may not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea contested by one or more members of the Association of Southeast Asian Nations or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea is part of the territory or airspace of the People’s Republic of China.", "id": "id4CE7DA1554CA4FEF9AFFE518C4A3FBA9", "header": "Prohibition against documents portraying the South China Sea or the East China Sea as part of China" }, { "text": "6. Prohibition on facilitating certain investments in the South China Sea or the East China Sea \n(a) In general \nNo United States person may take any action to approve, facilitate, finance, or guarantee any investment, provide insurance, or underwriting in the South China Sea or the East China Sea that involves any person with respect to which sanctions are imposed under section 3(a). (b) Enforcement \nThe Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including the promulgation of such rules and regulations, as may be necessary to carry out the purposes of this section. (c) Penalties \nThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (d) Exception \nSubsection (a) shall not apply with respect to humanitarian assistance, disaster assistance, or emergency food assistance.", "id": "id4a84bad08106487aa76dddebcca4251c", "header": "Prohibition on facilitating certain investments in the South China Sea or the East China Sea" }, { "text": "7. Department of Justice affirmation of non-recognition of annexation \nIn any matter before any United States court, upon request of the court or any party to the matter, the Attorney General shall affirm the United States policy of not recognizing the de jure or de facto sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea.", "id": "id0522B8E8B2F24CDBB1EAA913FEA81E09", "header": "Department of Justice affirmation of non-recognition of annexation" }, { "text": "8. Non-recognition of Chinese sovereignty over the South China Sea or the East China Sea \n(a) United states armed forces \nThe Secretary of Defense may not take any action, including any movement of aircraft or vessels that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (b) United states flagged vessels \nNo vessel that is issued a certificate of documentation under chapter 121 of title 46, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (c) United states aircraft \nNo aircraft operated by an air carrier that holds an air carrier certificate issued under chapter 411 of title 49, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea.", "id": "id66210b8b00884acd9293e29546625f9d", "header": "Non-recognition of Chinese sovereignty over the South China Sea or the East China Sea" }, { "text": "9. Prohibition on certain assistance to countries that recognize Chinese sovereignty over the South China Sea or the East China Sea \n(a) Prohibition \nExcept as provided by subsection (c) or (d), no amounts may be obligated or expended to provide foreign assistance to the government of any country identified in a report required by subsection (b). (b) Report required \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the appropriate committees of Congress a report identifying each country that the Secretary determines recognizes, after such date of enactment, the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so. (3) Public availability \nThe Secretary of State shall publish the unclassified part of the report required by paragraph (1) on a publicly available website of the Department of State. (c) Exception \nThis section shall not apply with respect to Taiwan, humanitarian assistance, disaster assistance, emergency food assistance, or the Peace Corps. (d) Waiver \nThe President may waive the application of subsection (a) with respect to the government of a country if the President determines that the waiver is in the national interests of the United States.", "id": "id14DC16117CC04920BA5936DD18C9B869", "header": "Prohibition on certain assistance to countries that recognize Chinese sovereignty over the South China Sea or the East China Sea" } ]
9
1. Short title This Act may be cited as the South China Sea and East China Sea Sanctions Act of 2021. 2. Definitions In this Act: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Alien The term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (3) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Chinese person The term Chinese person means— (A) an individual who is a citizen or national of the People's Republic of China; or (B) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (5) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (6) Foreign financial institution The term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (7) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (8) Person The term person means any individual or entity. (9) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea (a) Initial imposition of sanctions On and after the date that is 60 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to— (1) any Chinese person that contributes to construction or development projects, including land reclamation, island-making, lighthouse construction, building of base stations for mobile communications services, building of electricity and fuel supply facilities, or civil infrastructure projects, or contributes to the ongoing supply of new settlements resulting from such development projects, in areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations; (2) any Chinese person that is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft to impose the sovereignty of the People’s Republic of China in those areas; (3) any Chinese person that engages, or attempts to engage, in an activity or transaction that materially contributes to, or poses a risk of materially contributing to, an activity described in paragraph (1) or (2); and (4) any person that— (A) is owned or controlled by a person described in paragraph (1), (2), or (3); (B) is acting for or on behalf of such a person; or (C) provides, or attempts to provide— (i) financial, material, technological, or other support to a person described in paragraph (1), (2), or (3); or (ii) goods or services in support of an activity described in paragraph (1), (2), or (3). (b) Sanctions described (1) Blocking of property The President shall block and prohibit, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of any person subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Exclusion from united states The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien. (3) Current visa revoked The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to any person subject to subsection (a) that is an alien, regardless of when issued. The revocation shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (c) Exceptions; penalties (1) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of subsection (b)(1). (2) Compliance with united nations headquarters agreement Paragraphs (2) and (3) of subsection (b) shall not apply if admission of an alien to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. (3) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection (b)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (d) Additional imposition of sanctions (1) In general The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 60 days after the date of the enactment of this Act, conducts or facilitates a significant financial transaction for a person subject to subsection (a) if the Director of National Intelligence determines that the Government of the People’s Republic of China has— (A) declared an air defense identification zone over any part of the South China Sea; (B) initiated reclamation work at another disputed location in the South China Sea, such as at Scarborough Shoal; (C) seized control of Second Thomas Shoal; (D) deployed surface-to-air missiles to any of the artificial islands the People’s Republic of China has built in the Spratly Island chain, including Fiery Cross, Mischief, or Subi Reefs; (E) established territorial baselines around the Spratly Island chain; (F) repeated harassment of Philippine vessels; or (G) repeated provocative actions against the Japanese Coast Guard or Maritime Self-Defense Force or United States forces in the East China Sea. (2) Report (A) In general The determination of the Director of National Intelligence referred to in paragraph (1) shall be submitted in a report to the President and the appropriate committees of Congress. (B) Form of report The report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. 4. Determinations and report on Chinese companies active in the South China Sea and the East China Sea (a) In general The Secretary of State shall submit to the appropriate committees of Congress a report that identifies each Chinese person the Secretary determines is engaged in the activities described in section 3(a). (b) Consideration In preparing the report required under subsection (a), the Secretary shall make specific findings with respect to whether each of the following persons is involved in the activities described in section 3(a): (1) CCCC Tianjin Dredging Co., Ltd. (2) CCCC Dredging (Group) Company, Ltd. (3) China Communications Construction Company (CCCC), Ltd. (4) China Petroleum Corporation (Sinopec Group). (5) China Mobile. (6) China Telecom. (7) China Southern Power Grid. (8) CNFC Guangzhou Harbor Engineering Company. (9) Zhanjiang South Project Construction Bureau. (10) Hubei Jiangtian Construction Group. (11) China Harbour Engineering Company (CHEC). (12) Guangdong Navigation Group (GNG) Ocean Shipping. (13) Shanghai Leading Energy Shipping. (14) China National Offshore Oil Corporation (CNOOC). (15) China Oilfield Services Limited (COSL). (16) China Precision Machinery Import/Export Corporation (CPMIEC). (17) China Aerospace Science and Industry Corporation (CASIC). (18) Aviation Industry Corporation of China (AVIC). (19) Shenyang Aircraft Corporation. (20) Shaanxi Aircraft Corporation. (21) China Ocean Shipping (Group) Company (COSCO). (22) China Southern Airlines. (23) Zhan Chaoying. (24) Sany Group. (25) Chinese persons affiliated with any of the entities specified in paragraphs (1) through (24). (c) Submission and form (1) Submission The report required by subsection (a) shall be submitted not later than 60 days after the date of the enactment of this Act and every 180 days thereafter until the date that is 3 years after such date of enactment. (2) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary for the national security interests of the United States to do so. (3) Public availability The Secretary shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State. 5. Prohibition against documents portraying the South China Sea or the East China Sea as part of China The Government Publishing Office may not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea contested by one or more members of the Association of Southeast Asian Nations or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea is part of the territory or airspace of the People’s Republic of China. 6. Prohibition on facilitating certain investments in the South China Sea or the East China Sea (a) In general No United States person may take any action to approve, facilitate, finance, or guarantee any investment, provide insurance, or underwriting in the South China Sea or the East China Sea that involves any person with respect to which sanctions are imposed under section 3(a). (b) Enforcement The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including the promulgation of such rules and regulations, as may be necessary to carry out the purposes of this section. (c) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (d) Exception Subsection (a) shall not apply with respect to humanitarian assistance, disaster assistance, or emergency food assistance. 7. Department of Justice affirmation of non-recognition of annexation In any matter before any United States court, upon request of the court or any party to the matter, the Attorney General shall affirm the United States policy of not recognizing the de jure or de facto sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. 8. Non-recognition of Chinese sovereignty over the South China Sea or the East China Sea (a) United states armed forces The Secretary of Defense may not take any action, including any movement of aircraft or vessels that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (b) United states flagged vessels No vessel that is issued a certificate of documentation under chapter 121 of title 46, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (c) United states aircraft No aircraft operated by an air carrier that holds an air carrier certificate issued under chapter 411 of title 49, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. 9. Prohibition on certain assistance to countries that recognize Chinese sovereignty over the South China Sea or the East China Sea (a) Prohibition Except as provided by subsection (c) or (d), no amounts may be obligated or expended to provide foreign assistance to the government of any country identified in a report required by subsection (b). (b) Report required (1) In general Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the appropriate committees of Congress a report identifying each country that the Secretary determines recognizes, after such date of enactment, the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so. (3) Public availability The Secretary of State shall publish the unclassified part of the report required by paragraph (1) on a publicly available website of the Department of State. (c) Exception This section shall not apply with respect to Taiwan, humanitarian assistance, disaster assistance, emergency food assistance, or the Peace Corps. (d) Waiver The President may waive the application of subsection (a) with respect to the government of a country if the President determines that the waiver is in the national interests of the United States.
16,297
117s4569is
117
s
4,569
is
To prohibit the provision of Federal funds to certain entities subject to sanctions imposed by the United States.
[ { "text": "1. Short title \nThis Act may be cited as the Turn Off Federal Funding of Threatening Entities that Thwart American Prosperity Act or the Turn OFF THE TAP Act.", "id": "S1", "header": "Short title" }, { "text": "2. Prohibition on providing Federal funds to certain entities subject to sanctions imposed by the United States \n(a) Prohibition on Federal contracts \nThe head of an executive agency may not enter into, renew, or extend a contract with a covered entity. (b) Prohibition on provision of Federal funds \nNo amounts provided by the Federal Government to any entity may be used by that entity to purchase goods or services from, invest in, enter into contract with, or otherwise provide funding to a covered entity. (c) Definitions \nIn this section: (1) Covered entity \nThe term covered entity means any of the following: (A) An entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the SDN list ). (B) An entity on the Non-SDN Chinese Military-Industrial Complex Companies List— (i) established pursuant to Executive Order 13959 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of this Act; and (ii) maintained by the Office of Foreign Assets Control. (C) A Chinese military company on the list required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 113 note). (D) An entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations. (E) An entity that produces equipment or services on the list of communications equipment and services that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons maintained by the Federal Communications Commission under section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ). (F) Any entity that is owned or controlled by, or under common ownership or control with, an entity described in any of subparagraphs (A) through (E). (2) Executive agency \nThe term executive agency has the meaning given the term in section 133 of title 41, United States Code.", "id": "idF0A7AA85742F48BD9D7B627B4888E64E", "header": "Prohibition on providing Federal funds to certain entities subject to sanctions imposed by the United States" } ]
2
1. Short title This Act may be cited as the Turn Off Federal Funding of Threatening Entities that Thwart American Prosperity Act or the Turn OFF THE TAP Act. 2. Prohibition on providing Federal funds to certain entities subject to sanctions imposed by the United States (a) Prohibition on Federal contracts The head of an executive agency may not enter into, renew, or extend a contract with a covered entity. (b) Prohibition on provision of Federal funds No amounts provided by the Federal Government to any entity may be used by that entity to purchase goods or services from, invest in, enter into contract with, or otherwise provide funding to a covered entity. (c) Definitions In this section: (1) Covered entity The term covered entity means any of the following: (A) An entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the SDN list ). (B) An entity on the Non-SDN Chinese Military-Industrial Complex Companies List— (i) established pursuant to Executive Order 13959 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of this Act; and (ii) maintained by the Office of Foreign Assets Control. (C) A Chinese military company on the list required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 113 note). (D) An entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations. (E) An entity that produces equipment or services on the list of communications equipment and services that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons maintained by the Federal Communications Commission under section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ). (F) Any entity that is owned or controlled by, or under common ownership or control with, an entity described in any of subparagraphs (A) through (E). (2) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code.
2,446
117s983is
117
s
983
is
To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act.", "id": "S1", "header": "Short title" }, { "text": "2. Public health insurance option \n(a) In general \nPart 2 of subtitle D of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 et seq.) is amended by adding at the end the following: 1314. Public health insurance option \n(a) Establishment \n(1) In general \nFor plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the public health insurance option ) that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. (2) Primary responsibility \nIn designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. (b) Administrating the public health insurance option \n(1) Offered through Exchanges \n(A) Exclusive to Exchanges \nThe public health insurance option shall be offered exclusively by the Secretary through the Exchanges and not by a health insurance issuer. (B) Ensuring a level playing field \nExcept as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. (C) Provision of benefit levels \nThe public health insurance option shall offer bronze, silver, and gold plans. (2) Administrative contracting \n(A) Authorities \nThe Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act. (B) Transfer of insurance risk \nAny contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. (3) State Advisory Council \n(A) Establishment \nA State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. (B) Recommendations \nA State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: (i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. (ii) Mechanisms to facilitate public awareness of the availability of the public health insurance option. (iii) Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control. (C) Members \nThe members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. (D) Applicability of recommendations \nThe Secretary may apply the recommendations of a State Advisory Council to the public health insurance option in that State, in any other State, or in all States. (4) Data collection \nThe Secretary shall collect such data as may be required— (A) to establish rates for premiums and health care provider reimbursement under subsection (c); and (B) for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. (c) Financing the public health insurance option \n(1) Premiums \n(A) Establishment \nThe Secretary shall establish geographically adjusted premium rates for the public health insurance option— (i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and (ii) at a level sufficient to fully finance— (I) the costs of health benefits provided by the public health insurance option; and (II) administrative costs related to operating the public health insurance option. (B) Contingency margin \nIn establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. (C) Variations in premium rates \nThe premium rate charged for the public health insurance option may not vary except as provided under section 2701 of the Public Health Service Act. (2) Health care provider payment rates for items and services \n(A) In general \n(i) Rates negotiated by the Secretary \nNot later than January 1, 2022, and except as provided in clause (ii), the Secretary shall, through a negotiated agreement with health care providers, establish rates for reimbursing health care providers for providing the benefits covered by the public health insurance option. (ii) Medicare reimbursement rates \nIf the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. (iii) For new services \nThe Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. (B) Prescription drugs \nAny payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. The Secretary shall modify such rates in order to accommodate payments for drugs that are not otherwise covered under the original medicare fee-for-service program. (3) Account \n(A) Establishment \nThere is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). (B) Prohibition of State imposition of taxes \nSection 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. (C) Start-up funding \n(i) Authorization of funding \nThere are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. (ii) Amortization of start-up funding \nThe Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. (D) Additional authorization of appropriations \nTo carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. (d) Health care provider participation \n(1) Provider participation \n(A) In general \nThe Secretary shall establish conditions of participation for health care providers under the public health insurance option. (B) Licensure or certification \nThe Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. (2) Establishment of a provider network \n(A) Medicare and Medicaid participating providers \nA health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. (B) Additional providers \nThe Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.. (b) Conforming amendments \n(1) Treatment as a qualified health plan \nSection 1301(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021(a) ) is amended— (A) in paragraph (1)(C), by inserting except in the case of the public health insurance option established under section 1314, before is offered by ; (B) in paragraph (2)— (i) in the paragraph heading, by inserting , the public health insurance option, before and ; and (ii) by inserting the public health insurance option under section 1314, before and a multi-State plan ; and (C) by adding at the end the following: (5) Public health insurance option \nThe term qualified health plan shall include the public health insurance option established under section 1314, notwithstanding the requirement under paragraph (1)(C) for the plan to be offered by a health insurance issuer.. (2) Level playing field \nSection 1324(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18044(a) ) is amended by inserting the public health insurance option under section 1314, before or a multi-State qualified health plan.", "id": "id09e0096d3a544ef2a7aefbec25eeff0a", "header": "Public health insurance option" }, { "text": "1314. Public health insurance option \n(a) Establishment \n(1) In general \nFor plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the public health insurance option ) that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. (2) Primary responsibility \nIn designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. (b) Administrating the public health insurance option \n(1) Offered through Exchanges \n(A) Exclusive to Exchanges \nThe public health insurance option shall be offered exclusively by the Secretary through the Exchanges and not by a health insurance issuer. (B) Ensuring a level playing field \nExcept as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. (C) Provision of benefit levels \nThe public health insurance option shall offer bronze, silver, and gold plans. (2) Administrative contracting \n(A) Authorities \nThe Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act. (B) Transfer of insurance risk \nAny contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. (3) State Advisory Council \n(A) Establishment \nA State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. (B) Recommendations \nA State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: (i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. (ii) Mechanisms to facilitate public awareness of the availability of the public health insurance option. (iii) Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control. (C) Members \nThe members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. (D) Applicability of recommendations \nThe Secretary may apply the recommendations of a State Advisory Council to the public health insurance option in that State, in any other State, or in all States. (4) Data collection \nThe Secretary shall collect such data as may be required— (A) to establish rates for premiums and health care provider reimbursement under subsection (c); and (B) for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. (c) Financing the public health insurance option \n(1) Premiums \n(A) Establishment \nThe Secretary shall establish geographically adjusted premium rates for the public health insurance option— (i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and (ii) at a level sufficient to fully finance— (I) the costs of health benefits provided by the public health insurance option; and (II) administrative costs related to operating the public health insurance option. (B) Contingency margin \nIn establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. (C) Variations in premium rates \nThe premium rate charged for the public health insurance option may not vary except as provided under section 2701 of the Public Health Service Act. (2) Health care provider payment rates for items and services \n(A) In general \n(i) Rates negotiated by the Secretary \nNot later than January 1, 2022, and except as provided in clause (ii), the Secretary shall, through a negotiated agreement with health care providers, establish rates for reimbursing health care providers for providing the benefits covered by the public health insurance option. (ii) Medicare reimbursement rates \nIf the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. (iii) For new services \nThe Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. (B) Prescription drugs \nAny payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. The Secretary shall modify such rates in order to accommodate payments for drugs that are not otherwise covered under the original medicare fee-for-service program. (3) Account \n(A) Establishment \nThere is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). (B) Prohibition of State imposition of taxes \nSection 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. (C) Start-up funding \n(i) Authorization of funding \nThere are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. (ii) Amortization of start-up funding \nThe Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. (D) Additional authorization of appropriations \nTo carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. (d) Health care provider participation \n(1) Provider participation \n(A) In general \nThe Secretary shall establish conditions of participation for health care providers under the public health insurance option. (B) Licensure or certification \nThe Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. (2) Establishment of a provider network \n(A) Medicare and Medicaid participating providers \nA health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. (B) Additional providers \nThe Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.", "id": "id55cc34a6e5cd4b12b966013d3377f476", "header": "Public health insurance option" } ]
3
1. Short title This Act may be cited as the Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act. 2. Public health insurance option (a) In general Part 2 of subtitle D of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 et seq.) is amended by adding at the end the following: 1314. Public health insurance option (a) Establishment (1) In general For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the public health insurance option ) that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. (2) Primary responsibility In designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. (b) Administrating the public health insurance option (1) Offered through Exchanges (A) Exclusive to Exchanges The public health insurance option shall be offered exclusively by the Secretary through the Exchanges and not by a health insurance issuer. (B) Ensuring a level playing field Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. (C) Provision of benefit levels The public health insurance option shall offer bronze, silver, and gold plans. (2) Administrative contracting (A) Authorities The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act. (B) Transfer of insurance risk Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. (3) State Advisory Council (A) Establishment A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. (B) Recommendations A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: (i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. (ii) Mechanisms to facilitate public awareness of the availability of the public health insurance option. (iii) Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control. (C) Members The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. (D) Applicability of recommendations The Secretary may apply the recommendations of a State Advisory Council to the public health insurance option in that State, in any other State, or in all States. (4) Data collection The Secretary shall collect such data as may be required— (A) to establish rates for premiums and health care provider reimbursement under subsection (c); and (B) for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. (c) Financing the public health insurance option (1) Premiums (A) Establishment The Secretary shall establish geographically adjusted premium rates for the public health insurance option— (i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and (ii) at a level sufficient to fully finance— (I) the costs of health benefits provided by the public health insurance option; and (II) administrative costs related to operating the public health insurance option. (B) Contingency margin In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. (C) Variations in premium rates The premium rate charged for the public health insurance option may not vary except as provided under section 2701 of the Public Health Service Act. (2) Health care provider payment rates for items and services (A) In general (i) Rates negotiated by the Secretary Not later than January 1, 2022, and except as provided in clause (ii), the Secretary shall, through a negotiated agreement with health care providers, establish rates for reimbursing health care providers for providing the benefits covered by the public health insurance option. (ii) Medicare reimbursement rates If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. (iii) For new services The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. (B) Prescription drugs Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. The Secretary shall modify such rates in order to accommodate payments for drugs that are not otherwise covered under the original medicare fee-for-service program. (3) Account (A) Establishment There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). (B) Prohibition of State imposition of taxes Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. (C) Start-up funding (i) Authorization of funding There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. (ii) Amortization of start-up funding The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. (D) Additional authorization of appropriations To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. (d) Health care provider participation (1) Provider participation (A) In general The Secretary shall establish conditions of participation for health care providers under the public health insurance option. (B) Licensure or certification The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. (2) Establishment of a provider network (A) Medicare and Medicaid participating providers A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. (B) Additional providers The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.. (b) Conforming amendments (1) Treatment as a qualified health plan Section 1301(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021(a) ) is amended— (A) in paragraph (1)(C), by inserting except in the case of the public health insurance option established under section 1314, before is offered by ; (B) in paragraph (2)— (i) in the paragraph heading, by inserting , the public health insurance option, before and ; and (ii) by inserting the public health insurance option under section 1314, before and a multi-State plan ; and (C) by adding at the end the following: (5) Public health insurance option The term qualified health plan shall include the public health insurance option established under section 1314, notwithstanding the requirement under paragraph (1)(C) for the plan to be offered by a health insurance issuer.. (2) Level playing field Section 1324(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18044(a) ) is amended by inserting the public health insurance option under section 1314, before or a multi-State qualified health plan. 1314. Public health insurance option (a) Establishment (1) In general For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the public health insurance option ) that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. (2) Primary responsibility In designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. (b) Administrating the public health insurance option (1) Offered through Exchanges (A) Exclusive to Exchanges The public health insurance option shall be offered exclusively by the Secretary through the Exchanges and not by a health insurance issuer. (B) Ensuring a level playing field Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. (C) Provision of benefit levels The public health insurance option shall offer bronze, silver, and gold plans. (2) Administrative contracting (A) Authorities The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act. (B) Transfer of insurance risk Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. (3) State Advisory Council (A) Establishment A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. (B) Recommendations A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: (i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. (ii) Mechanisms to facilitate public awareness of the availability of the public health insurance option. (iii) Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control. (C) Members The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. (D) Applicability of recommendations The Secretary may apply the recommendations of a State Advisory Council to the public health insurance option in that State, in any other State, or in all States. (4) Data collection The Secretary shall collect such data as may be required— (A) to establish rates for premiums and health care provider reimbursement under subsection (c); and (B) for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. (c) Financing the public health insurance option (1) Premiums (A) Establishment The Secretary shall establish geographically adjusted premium rates for the public health insurance option— (i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and (ii) at a level sufficient to fully finance— (I) the costs of health benefits provided by the public health insurance option; and (II) administrative costs related to operating the public health insurance option. (B) Contingency margin In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. (C) Variations in premium rates The premium rate charged for the public health insurance option may not vary except as provided under section 2701 of the Public Health Service Act. (2) Health care provider payment rates for items and services (A) In general (i) Rates negotiated by the Secretary Not later than January 1, 2022, and except as provided in clause (ii), the Secretary shall, through a negotiated agreement with health care providers, establish rates for reimbursing health care providers for providing the benefits covered by the public health insurance option. (ii) Medicare reimbursement rates If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. (iii) For new services The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. (B) Prescription drugs Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. The Secretary shall modify such rates in order to accommodate payments for drugs that are not otherwise covered under the original medicare fee-for-service program. (3) Account (A) Establishment There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). (B) Prohibition of State imposition of taxes Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. (C) Start-up funding (i) Authorization of funding There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. (ii) Amortization of start-up funding The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. (D) Additional authorization of appropriations To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. (d) Health care provider participation (1) Provider participation (A) In general The Secretary shall establish conditions of participation for health care providers under the public health insurance option. (B) Licensure or certification The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. (2) Establishment of a provider network (A) Medicare and Medicaid participating providers A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. (B) Additional providers The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.
18,571
117s4374is
117
s
4,374
is
To prevent price gouging at the Department of Defense.
[ { "text": "1. Short title \nThis Act may be cited as the Stop Price Gouging the Military Act.", "id": "S1", "header": "Short title" }, { "text": "2. Strengthening Truth in Negotiations Act provisions \n(a) Required cost or pricing data and certification \nSection 3702(a)(1) of title 10, United States Code, is amended by striking only expected to receive one bid shall be required and replacing with only expected to have one offeror, or for which award of a cost-reimbursement contract is contemplated regardless of the number of offers received, shall be required. (b) Exceptions \nSection 3703(a) of title 10, United States Code, is amended— (1) in paragraph (1)(A), by striking adequate competition and all that follows through bids and inserting adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors ; and (2) in paragraph (2), by inserting based on adequate price competition that results in at least two responsive and responsible offers after commercial service. (c) Conforming amendment related to civilian contracts \nSection 3503(a)(2) of title 41, United States Code is by inserting after commercial service the following: based on adequate price competition that results in at least two responsive and responsible offers.", "id": "ide298a55899ab4c35ac965c2a38c7b534", "header": "Strengthening Truth in Negotiations Act provisions" }, { "text": "3. Revision of definition of term commercial item for purposes of Federal procurement statutes providing procedures for procurement of commercial items \n(a) Elimination of of a type criterion \nSection 103 of title 41, United States Code, is amended by striking of a type each place it appears. (b) Elimination of items and services merely offered for sale, lease, or license \n(1) Items \nSection 103(1)(B) of title 41, United States Code, is amended by striking , or offered for sale, lease, or license,. (2) Services \nSection 103a(2) of title 41, United States Code, is amended by striking offered and.", "id": "id6c0fafbffe324be688a0e217f536ed68", "header": "Revision of definition of term commercial item for purposes of Federal procurement statutes providing procedures for procurement of commercial items" }, { "text": "4. Progress payment incentive pilot \n(a) Pilot program \nThe Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and implement a pilot program, to be known as the Progress Payment Incentive Pilot Program , to make accelerated progress payments contingent upon responsiveness to Department of Defense goals for effectiveness, efficiency, and increasing small business contract opportunities. (b) Purpose \nThe purpose of the pilot program is to reward Department of Defense contractors who meet contract delivery dates, respond to Department solicitations for required certified cost or pricing data, meet small business contracting goals, and provide subcontracting opportunities for AbilityOne contracts. (c) Progress payments \n(1) Limitations for large contractors \nExcept as provided under paragraph (2), under the pilot program, the Department of Defense may not award to large business contractors progress payments in excess of 50 percent. (2) Exceptions \nThe Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. (B) 10 percent if the division does not have open level III or IV corrective action requests. (C) 7.5 percent if all applicable contractor business systems are acceptable, without significant deficiencies. (D) 10 percent if at least 95 percent of the time during the preceding Government fiscal year, when responding to solicitations that required submission of certified cost or pricing data, the division met the due date in the request for proposal. (E) 5 percent if the contractor discloses first tier subcontractor data, the prime contractor’s beneficial owners, and total compensation for recipient executives. (F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. (G) 3 percent if the contractor has provided subcontracting opportunities for the blind and severely disabled. (d) Definitions \nIn this section: (1) Beneficial owners \nThe term beneficial owner has the meaning given the term in section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1505; 10 U.S.C. 2509 note). (2) Compensation for recipient executives \nThe term compensation for recipient executives refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note). (3) First tier subcontractor \nThe term first tier subcontractor means a subcontractor who has a subcontract directly with the prime contractor. (4) Large defense contractor \nThe term large defense contractor means a contractor (other than an institute of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. (5) Progress payments \nThe term progress payments means payments provided for under section 3804 of title 10, United States Code.", "id": "id2b1939b9088a48479bafbf955ec36499", "header": "Progress payment incentive pilot" }, { "text": "5. Disclosure by large defense contractors \n(a) Annual reporting \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall amend the Department of Defense Supplement to the Federal Acquisition Regulation to provide that large defense contractors shall be required to annually report to the Under Secretary of Defense for Acquisition and Sustainment the following information with regard to the covered year, as compared with the year preceding that covered year: (1) The percentage change in the volume of goods or services sold and the percentage change in the average sales price of those goods or services, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (2) The gross margins of the large defense contractor, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (3) Presented in tabular format, the share of the increase in revenue of the large defense contractor that is attributable to— (A) a change in the cost of goods or services sold by the large defense contractor; and (B) a change in the volume of goods or services sold by the large defense contractor. (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. (5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. (6) A detailed narrative disclosure of the pricing strategy of the large defense contractor, which shall include— (A) an explanation for any increase in the gross margins of material product categories, including— (i) all material causes for such an increase; (ii) an explanation of how each such material cause affected such an increase; and (iii) a description of the relative importance of each such material cause with respect to such an increase; (B) an explanation for the decisions made by the large defense contractor with respect to the prices of goods and services sold by the large defense contractor; (C) if the large defense contractor increased prices at a rate that was greater than the rate at which the costs incurred by the large defense contractor increased, the rationale and objectives for increasing prices in such a manner; and (D) a description of conditions under which the large defense contractor plans to modify pricing after the date on which the large defense contractor submits the report. (b) Publication \nThe Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year’s reports received under subsection (a). (c) Penalties \nA knowing failure to disclose or update information in accordance with subsection (a) may result in— (1) entry of the violation in the database for Federal agency contract and grant officers and suspension and debarment officials defined in section 2313 of title 41, United States Code; (2) imprisonment for not more than 5 years or a fine under title 18, United States Code, or both; (3) a civil fine of not more than $200,000, depending on the extent and gravity of the violation; (4) liability pursuant to section 3729 of title 31, United States Code; or (5) suspension or debarment. (d) Large defense contractor defined \nIn this section, the term large defense contractor means a contractor (other than an institute of higher education or a federally funded research and development center) that— (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.", "id": "id3d618d80ba3242f3b0b87ed9072290c7", "header": "Disclosure by large defense contractors" } ]
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1. Short title This Act may be cited as the Stop Price Gouging the Military Act. 2. Strengthening Truth in Negotiations Act provisions (a) Required cost or pricing data and certification Section 3702(a)(1) of title 10, United States Code, is amended by striking only expected to receive one bid shall be required and replacing with only expected to have one offeror, or for which award of a cost-reimbursement contract is contemplated regardless of the number of offers received, shall be required. (b) Exceptions Section 3703(a) of title 10, United States Code, is amended— (1) in paragraph (1)(A), by striking adequate competition and all that follows through bids and inserting adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors ; and (2) in paragraph (2), by inserting based on adequate price competition that results in at least two responsive and responsible offers after commercial service. (c) Conforming amendment related to civilian contracts Section 3503(a)(2) of title 41, United States Code is by inserting after commercial service the following: based on adequate price competition that results in at least two responsive and responsible offers. 3. Revision of definition of term commercial item for purposes of Federal procurement statutes providing procedures for procurement of commercial items (a) Elimination of of a type criterion Section 103 of title 41, United States Code, is amended by striking of a type each place it appears. (b) Elimination of items and services merely offered for sale, lease, or license (1) Items Section 103(1)(B) of title 41, United States Code, is amended by striking , or offered for sale, lease, or license,. (2) Services Section 103a(2) of title 41, United States Code, is amended by striking offered and. 4. Progress payment incentive pilot (a) Pilot program The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and implement a pilot program, to be known as the Progress Payment Incentive Pilot Program , to make accelerated progress payments contingent upon responsiveness to Department of Defense goals for effectiveness, efficiency, and increasing small business contract opportunities. (b) Purpose The purpose of the pilot program is to reward Department of Defense contractors who meet contract delivery dates, respond to Department solicitations for required certified cost or pricing data, meet small business contracting goals, and provide subcontracting opportunities for AbilityOne contracts. (c) Progress payments (1) Limitations for large contractors Except as provided under paragraph (2), under the pilot program, the Department of Defense may not award to large business contractors progress payments in excess of 50 percent. (2) Exceptions The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. (B) 10 percent if the division does not have open level III or IV corrective action requests. (C) 7.5 percent if all applicable contractor business systems are acceptable, without significant deficiencies. (D) 10 percent if at least 95 percent of the time during the preceding Government fiscal year, when responding to solicitations that required submission of certified cost or pricing data, the division met the due date in the request for proposal. (E) 5 percent if the contractor discloses first tier subcontractor data, the prime contractor’s beneficial owners, and total compensation for recipient executives. (F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. (G) 3 percent if the contractor has provided subcontracting opportunities for the blind and severely disabled. (d) Definitions In this section: (1) Beneficial owners The term beneficial owner has the meaning given the term in section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1505; 10 U.S.C. 2509 note). (2) Compensation for recipient executives The term compensation for recipient executives refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note). (3) First tier subcontractor The term first tier subcontractor means a subcontractor who has a subcontract directly with the prime contractor. (4) Large defense contractor The term large defense contractor means a contractor (other than an institute of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. (5) Progress payments The term progress payments means payments provided for under section 3804 of title 10, United States Code. 5. Disclosure by large defense contractors (a) Annual reporting Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall amend the Department of Defense Supplement to the Federal Acquisition Regulation to provide that large defense contractors shall be required to annually report to the Under Secretary of Defense for Acquisition and Sustainment the following information with regard to the covered year, as compared with the year preceding that covered year: (1) The percentage change in the volume of goods or services sold and the percentage change in the average sales price of those goods or services, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (2) The gross margins of the large defense contractor, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (3) Presented in tabular format, the share of the increase in revenue of the large defense contractor that is attributable to— (A) a change in the cost of goods or services sold by the large defense contractor; and (B) a change in the volume of goods or services sold by the large defense contractor. (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. (5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. (6) A detailed narrative disclosure of the pricing strategy of the large defense contractor, which shall include— (A) an explanation for any increase in the gross margins of material product categories, including— (i) all material causes for such an increase; (ii) an explanation of how each such material cause affected such an increase; and (iii) a description of the relative importance of each such material cause with respect to such an increase; (B) an explanation for the decisions made by the large defense contractor with respect to the prices of goods and services sold by the large defense contractor; (C) if the large defense contractor increased prices at a rate that was greater than the rate at which the costs incurred by the large defense contractor increased, the rationale and objectives for increasing prices in such a manner; and (D) a description of conditions under which the large defense contractor plans to modify pricing after the date on which the large defense contractor submits the report. (b) Publication The Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year’s reports received under subsection (a). (c) Penalties A knowing failure to disclose or update information in accordance with subsection (a) may result in— (1) entry of the violation in the database for Federal agency contract and grant officers and suspension and debarment officials defined in section 2313 of title 41, United States Code; (2) imprisonment for not more than 5 years or a fine under title 18, United States Code, or both; (3) a civil fine of not more than $200,000, depending on the extent and gravity of the violation; (4) liability pursuant to section 3729 of title 31, United States Code; or (5) suspension or debarment. (d) Large defense contractor defined In this section, the term large defense contractor means a contractor (other than an institute of higher education or a federally funded research and development center) that— (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.
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To amend title 5, United States Code, to repeal the requirement that the United States Postal Service prepay future retirement benefits, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the USPS Fairness Act.", "id": "H6713ECD224A24BC3979DF84F52354654", "header": "Short title" }, { "text": "2. Repeal of required prepayment of future Postal Service retirement benefits \nSubsection (d) of section 8909a of title 5, United States Code, is repealed.", "id": "HE2D9864B00974CC091083FB6FDEFE730", "header": "Repeal of required prepayment of future Postal Service retirement benefits" } ]
2
1. Short title This Act may be cited as the USPS Fairness Act. 2. Repeal of required prepayment of future Postal Service retirement benefits Subsection (d) of section 8909a of title 5, United States Code, is repealed.
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To establish the Climate Change Advisory Commission to develop recommendations, frameworks, and guidelines for projects to respond to the impacts of climate change, to issue Federal obligations, the proceeds of which shall be used to fund projects that aid in adaptation to climate change, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Climate Change Resiliency Fund for America Act of 2021. (b) Table of contents \nSec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Climate Change Advisory Commission Sec. 101. Establishment of Climate Change Advisory Commission. Sec. 102. Duties. Sec. 103. Commission personnel matters. Sec. 104. Funding. Sec. 105. Termination. TITLE II—Climate Change Resiliency Fund Sec. 201. Climate Change Resiliency Fund. Sec. 202. Compliance with Davis-Bacon Act. Sec. 203. Funding. TITLE III—Revenue Sec. 301. Climate Change Obligations. Sec. 302. Promotion.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Definitions \nIn this Act: (1) Commission \nThe term Commission means the Climate Change Advisory Commission established by section 101(a). (2) Community of color \nThe term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the State in which the community is located: (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (3) Eligible entity \nThe term eligible entity includes— (A) a Federal agency; (B) a State or group of States; (C) a unit of local government or a group of local governments; (D) a utility district; (E) a Tribal government or a consortium of Tribal governments; (F) a State or regional transit agency or a group of State or regional transit agencies; (G) a nonprofit organization; (H) a special purpose district or public authority, including a port authority; and (I) any other entity, as determined by the Secretary. (4) Environmental justice community \nThe term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects. (5) Frontline community \nThe term frontline community means a low-income community, a community of color, or a Tribal community that is disproportionately impacted or burdened by climate change or a phenomenon associated with climate change, including such a community that was or is at risk of being disproportionately impacted or burdened by climate change or a phenomenon associated with climate change earlier than other such communities. (6) Fund \nThe term Fund means the Climate Change Resiliency Fund established by section 201(a)(1). (7) Low-income community \nThe term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of— (A) an amount equal to 80 percent of the median household income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (8) Project \nThe term project means a project for a qualified climate change adaptation purpose performed by an eligible entity under section 201(b). (9) Qualified climate change adaptation purpose \n(A) In general \nThe term qualified climate change adaptation purpose means an objective with a demonstrated intent to reduce the economic, social, and environmental impact of the adverse effects of climate change. (B) Inclusions \nThe term qualified climate change adaptation purpose includes infrastructure resiliency and mitigation, improved disaster response, and ecosystem protection, which may be accomplished through activities or projects with objectives such as— (i) reducing risks or enhancing resilience to sea level rise, extreme weather events, fires, drought, flooding, heat island impacts, or worsened indoor or outdoor air quality; (ii) protecting farms and the food supply from climate impacts; (iii) reducing risks of food insecurity that would otherwise result from climate change; (iv) ensuring that disaster and public health plans account for more severe weather; (v) reducing risks from geographical change to disease vectors, pathogens, invasive species, and the distribution of pests; and (vi) other projects or activities, as determined to be appropriate by the Commission. (10) Secretary \nThe term Secretary means the Secretary of Commerce. (11) State \nThe term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.", "id": "id296FC871FCE3496DAD2D3B7207ACA0C4", "header": "Definitions" }, { "text": "101. Establishment of Climate Change Advisory Commission \n(a) In general \nThere is established a commission to be known as the Climate Change Advisory Commission. (b) Membership \nThe Commission shall be composed of 11 members— (1) who shall be selected from the public and private sectors and institutions of higher education; and (2) of whom— (A) 3 shall be appointed by the President, in consultation with the National Climate Task Force; (B) 2 shall be appointed by the Speaker of the House of Representatives; (C) 2 shall be appointed by the minority leader of the House of Representatives; (D) 2 shall be appointed by the majority leader of the Senate; and (E) 2 shall be appointed by the minority leader of the Senate. (c) Terms \nEach member of the Commission shall be appointed for the life of the Commission. (d) Initial appointments \nEach member of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (e) Vacancies \nA vacancy on the Commission— (1) shall not affect the powers of the Commission; and (2) shall be filled in the manner in which the original appointment was made. (f) Initial meeting \nNot later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (g) Meetings \nThe Commission shall meet at the call of the Chairperson. (h) Quorum \nA majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (i) Chairperson and Vice Chairperson \nThe Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.", "id": "id69190EE027364CBE88DC3B931DF25095", "header": "Establishment of Climate Change Advisory Commission" }, { "text": "102. Duties \nThe Commission shall— (1) establish recommendations, frameworks, and guidelines for a Federal investment program funded by revenue from climate change obligations issued under section 301 for eligible entities that— (A) improve and adapt energy, transportation, water, and general infrastructure impacted or expected to be impacted due to climate variability; and (B) integrate best available science, data, standards, models, and trends that improve the resiliency of infrastructure systems described in subparagraph (A); and (2) in consultation with the Council on Environmental Quality and the White House Environmental Justice Interagency Council, identify categories of the most cost-effective investments and projects that emphasize multiple benefits to human health, commerce, and ecosystems while ensuring that the Commission engages in early and meaningful community stakeholder involvement opportunities during the development of the recommendations, frameworks, and guidelines established under paragraph (1).", "id": "id1C2DD037FA9E49D692D7266176A7FD4D", "header": "Duties" }, { "text": "103. Commission personnel matters \n(a) Compensation of members \n(1) Non-federal employees \nA member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Federal employees \nA member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel expenses \nA member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff \n(1) In general \nThe Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate such personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Compensation \n(A) In general \nExcept as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay \nThe rate of pay for personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.", "id": "id9C45BBCA70424F77B6CBE4BC658FAE5C", "header": "Commission personnel matters" }, { "text": "104. Funding \nThe Commission shall use amounts in the Fund to pay for all administrative expenses of the Commission.", "id": "idA37FE869A8FB490EA820D8CA3EDD2044", "header": "Funding" }, { "text": "105. Termination \nThe Commission shall terminate on such date as the Commission determines after the Commission carries out the duties of the Commission under section 102.", "id": "id9F27A133EE6748C7A6E59F3649A44AD5", "header": "Termination" }, { "text": "201. Climate Change Resiliency Fund \n(a) Establishment \n(1) In general \nThere is established in the Treasury of the United States the Climate Change Resiliency Fund. (2) Use of amounts \n(A) In general \nThe Secretary shall use not less than 40 percent of the amounts in the Fund to fund projects that benefit communities that experience disproportionate impacts from climate change, including environmental justice communities, frontline communities, and low-income communities. (B) Maintenance of effort \nAll amounts deposited in the Fund in accordance with section 301(a) shall only be used— (i) to fund new projects in accordance with this section; and (ii) for administrative expenses of the Commission authorized under section 104. (3) Responsibility of Secretary \nThe Secretary shall take such action as the Secretary determines necessary to assist in implementing the Fund in accordance with this section. (b) Climate change adaptation projects \nThe Secretary, in consultation with the Commission, shall carry out a program to provide funds to eligible entities to carry out projects for a qualified climate change adaptation purpose. (c) Applications \n(1) In general \nAn eligible entity desiring funds under subsection (b) shall, with respect to a project, submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents \nAn application submitted by an eligible entity under this subsection shall include data relating to any benefits the eligible entity expects the project to provide to the community in which the applicable project is performed, such as— (A) an economic impact; or (B) improvements to public health. (3) Technical assistance \nThe Secretary shall offer technical assistance to eligible entities preparing applications under this subsection. (d) Selection \n(1) In general \nThe Secretary shall select eligible entities to receive funds to carry out projects under this section based on criteria and guidelines determined and published by the Commission under section 102. (2) Priority \nIn selecting eligible entities under paragraph (1), the Secretary shall give priority to eligible entities planning to perform projects that will serve areas with the greatest need. (e) Non-Federal funding requirement \n(1) In general \nSubject to paragraphs (2) and (3), in order to receive funds under this section, an eligible entity shall provide funds for a project in an amount that is equal to not less than 25 percent of the amount of funds provided under this section. (2) Waiver \nThe Secretary may waive all or part of the matching requirement under paragraph (1) for an eligible entity, especially an eligible entity performing a project benefitting a low-income community or an environmental justice community, if the Secretary determines that— (A) there are no reasonable means available through which the eligible entity can meet the matching requirement; or (B) the probable benefit of the project outweighs the public interest of the matching requirement. (3) No-match projects \n(A) In general \nThe Secretary shall award not less than 10 percent and not more than 40 percent of the total funds awarded under this section to eligible entities to which the matching requirement under paragraph (1) shall not apply. (B) Priority \nThe Secretary shall give priority for funding under subparagraph (A) to an eligible entity performing a project in a community experiencing a disproportionate impact of climate change, including— (i) an environmental justice community; (ii) a low-income community; or (iii) a community of color. (f) Applicability of Federal law \nNothing in this Act shall be construed to waive the requirements of any Federal law or regulation that would otherwise apply to a project that receives funds under this section.", "id": "id9D58858978AC414AA82B532AA6DF1BF3", "header": "Climate Change Resiliency Fund" }, { "text": "202. Compliance with Davis-Bacon Act \n(a) In general \nAll laborers and mechanics employed by contractors and subcontractors on projects funded directly by, or assisted in whole or in part by and through, the Fund shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code. (b) Labor standards \nWith respect to the labor standards described in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.", "id": "idfea6341a492b46dc94077ab842aec7f9", "header": "Compliance with Davis-Bacon Act" }, { "text": "203. Funding \nTo carry out the program under section 201(b), the Secretary, in addition to amounts in the Fund, may use amounts that have been made available to the Secretary and are not otherwise obligated.", "id": "idDD5FB065AFED4F31BB6FCB00383F4BBE", "header": "Funding" }, { "text": "301. Climate Change Obligations \n(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate (referred to in this title as the Secretary ) shall issue obligations under chapter 31 of title 31, United States Code (referred to in this title as climate change obligations ), the proceeds from which shall be deposited in the Fund. (b) Full faith and credit \nPayment of interest and principal with respect to any climate change obligation issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States. (c) Exemption from local taxation \nAll climate change obligations issued by the Secretary, and the interest on or credits with respect to such obligations, shall not be subject to taxation by any State, county, municipality, or local taxing authority. (d) Amount of Climate Change Obligations \n(1) In general \nExcept as provided in paragraph (2), the aggregate face amount of the climate change obligations issued annually under this section shall be $200,000,000. (2) Additional obligations \nFor any calendar year in which all of the obligations issued pursuant to paragraph (1) have been purchased, the Secretary may issue additional climate change obligations during such calendar year, provided that the aggregate face amount of such additional obligations does not exceed $800,000,000. (e) Funding \nThe Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the purposes of this section.", "id": "id5672D8555FA84315A290ACAC146AD92A", "header": "Climate Change Obligations" }, { "text": "302. Promotion \n(a) In general \nThe Secretary shall promote the purchase of climate change obligations through such means as are determined appropriate by the Secretary, with the amount expended for such promotion not to exceed $10,000,000 for any fiscal year during the period of fiscal years 2022 through 2026. (b) Donated advertising \nIn addition to any advertising paid for with funds made available under subsection (c), the Secretary shall solicit and may accept the donation of advertising relating to the sale of climate change obligations. (c) Authorization of appropriations \nFor each fiscal year during the period of fiscal years 2022 through 2026, there is authorized to be appropriated $10,000,000 to carry out the purposes of this section.", "id": "idB1B1426C91FF428688C5247D78F449EA", "header": "Promotion" } ]
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1. Short title; table of contents (a) Short title This Act may be cited as the Climate Change Resiliency Fund for America Act of 2021. (b) Table of contents Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Climate Change Advisory Commission Sec. 101. Establishment of Climate Change Advisory Commission. Sec. 102. Duties. Sec. 103. Commission personnel matters. Sec. 104. Funding. Sec. 105. Termination. TITLE II—Climate Change Resiliency Fund Sec. 201. Climate Change Resiliency Fund. Sec. 202. Compliance with Davis-Bacon Act. Sec. 203. Funding. TITLE III—Revenue Sec. 301. Climate Change Obligations. Sec. 302. Promotion. 2. Definitions In this Act: (1) Commission The term Commission means the Climate Change Advisory Commission established by section 101(a). (2) Community of color The term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the State in which the community is located: (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (3) Eligible entity The term eligible entity includes— (A) a Federal agency; (B) a State or group of States; (C) a unit of local government or a group of local governments; (D) a utility district; (E) a Tribal government or a consortium of Tribal governments; (F) a State or regional transit agency or a group of State or regional transit agencies; (G) a nonprofit organization; (H) a special purpose district or public authority, including a port authority; and (I) any other entity, as determined by the Secretary. (4) Environmental justice community The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects. (5) Frontline community The term frontline community means a low-income community, a community of color, or a Tribal community that is disproportionately impacted or burdened by climate change or a phenomenon associated with climate change, including such a community that was or is at risk of being disproportionately impacted or burdened by climate change or a phenomenon associated with climate change earlier than other such communities. (6) Fund The term Fund means the Climate Change Resiliency Fund established by section 201(a)(1). (7) Low-income community The term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of— (A) an amount equal to 80 percent of the median household income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (8) Project The term project means a project for a qualified climate change adaptation purpose performed by an eligible entity under section 201(b). (9) Qualified climate change adaptation purpose (A) In general The term qualified climate change adaptation purpose means an objective with a demonstrated intent to reduce the economic, social, and environmental impact of the adverse effects of climate change. (B) Inclusions The term qualified climate change adaptation purpose includes infrastructure resiliency and mitigation, improved disaster response, and ecosystem protection, which may be accomplished through activities or projects with objectives such as— (i) reducing risks or enhancing resilience to sea level rise, extreme weather events, fires, drought, flooding, heat island impacts, or worsened indoor or outdoor air quality; (ii) protecting farms and the food supply from climate impacts; (iii) reducing risks of food insecurity that would otherwise result from climate change; (iv) ensuring that disaster and public health plans account for more severe weather; (v) reducing risks from geographical change to disease vectors, pathogens, invasive species, and the distribution of pests; and (vi) other projects or activities, as determined to be appropriate by the Commission. (10) Secretary The term Secretary means the Secretary of Commerce. (11) State The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. 101. Establishment of Climate Change Advisory Commission (a) In general There is established a commission to be known as the Climate Change Advisory Commission. (b) Membership The Commission shall be composed of 11 members— (1) who shall be selected from the public and private sectors and institutions of higher education; and (2) of whom— (A) 3 shall be appointed by the President, in consultation with the National Climate Task Force; (B) 2 shall be appointed by the Speaker of the House of Representatives; (C) 2 shall be appointed by the minority leader of the House of Representatives; (D) 2 shall be appointed by the majority leader of the Senate; and (E) 2 shall be appointed by the minority leader of the Senate. (c) Terms Each member of the Commission shall be appointed for the life of the Commission. (d) Initial appointments Each member of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (e) Vacancies A vacancy on the Commission— (1) shall not affect the powers of the Commission; and (2) shall be filled in the manner in which the original appointment was made. (f) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (g) Meetings The Commission shall meet at the call of the Chairperson. (h) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (i) Chairperson and Vice Chairperson The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. 102. Duties The Commission shall— (1) establish recommendations, frameworks, and guidelines for a Federal investment program funded by revenue from climate change obligations issued under section 301 for eligible entities that— (A) improve and adapt energy, transportation, water, and general infrastructure impacted or expected to be impacted due to climate variability; and (B) integrate best available science, data, standards, models, and trends that improve the resiliency of infrastructure systems described in subparagraph (A); and (2) in consultation with the Council on Environmental Quality and the White House Environmental Justice Interagency Council, identify categories of the most cost-effective investments and projects that emphasize multiple benefits to human health, commerce, and ecosystems while ensuring that the Commission engages in early and meaningful community stakeholder involvement opportunities during the development of the recommendations, frameworks, and guidelines established under paragraph (1). 103. Commission personnel matters (a) Compensation of members (1) Non-federal employees A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Federal employees A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff (1) In general The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate such personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Compensation (A) In general Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay The rate of pay for personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. 104. Funding The Commission shall use amounts in the Fund to pay for all administrative expenses of the Commission. 105. Termination The Commission shall terminate on such date as the Commission determines after the Commission carries out the duties of the Commission under section 102. 201. Climate Change Resiliency Fund (a) Establishment (1) In general There is established in the Treasury of the United States the Climate Change Resiliency Fund. (2) Use of amounts (A) In general The Secretary shall use not less than 40 percent of the amounts in the Fund to fund projects that benefit communities that experience disproportionate impacts from climate change, including environmental justice communities, frontline communities, and low-income communities. (B) Maintenance of effort All amounts deposited in the Fund in accordance with section 301(a) shall only be used— (i) to fund new projects in accordance with this section; and (ii) for administrative expenses of the Commission authorized under section 104. (3) Responsibility of Secretary The Secretary shall take such action as the Secretary determines necessary to assist in implementing the Fund in accordance with this section. (b) Climate change adaptation projects The Secretary, in consultation with the Commission, shall carry out a program to provide funds to eligible entities to carry out projects for a qualified climate change adaptation purpose. (c) Applications (1) In general An eligible entity desiring funds under subsection (b) shall, with respect to a project, submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted by an eligible entity under this subsection shall include data relating to any benefits the eligible entity expects the project to provide to the community in which the applicable project is performed, such as— (A) an economic impact; or (B) improvements to public health. (3) Technical assistance The Secretary shall offer technical assistance to eligible entities preparing applications under this subsection. (d) Selection (1) In general The Secretary shall select eligible entities to receive funds to carry out projects under this section based on criteria and guidelines determined and published by the Commission under section 102. (2) Priority In selecting eligible entities under paragraph (1), the Secretary shall give priority to eligible entities planning to perform projects that will serve areas with the greatest need. (e) Non-Federal funding requirement (1) In general Subject to paragraphs (2) and (3), in order to receive funds under this section, an eligible entity shall provide funds for a project in an amount that is equal to not less than 25 percent of the amount of funds provided under this section. (2) Waiver The Secretary may waive all or part of the matching requirement under paragraph (1) for an eligible entity, especially an eligible entity performing a project benefitting a low-income community or an environmental justice community, if the Secretary determines that— (A) there are no reasonable means available through which the eligible entity can meet the matching requirement; or (B) the probable benefit of the project outweighs the public interest of the matching requirement. (3) No-match projects (A) In general The Secretary shall award not less than 10 percent and not more than 40 percent of the total funds awarded under this section to eligible entities to which the matching requirement under paragraph (1) shall not apply. (B) Priority The Secretary shall give priority for funding under subparagraph (A) to an eligible entity performing a project in a community experiencing a disproportionate impact of climate change, including— (i) an environmental justice community; (ii) a low-income community; or (iii) a community of color. (f) Applicability of Federal law Nothing in this Act shall be construed to waive the requirements of any Federal law or regulation that would otherwise apply to a project that receives funds under this section. 202. Compliance with Davis-Bacon Act (a) In general All laborers and mechanics employed by contractors and subcontractors on projects funded directly by, or assisted in whole or in part by and through, the Fund shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code. (b) Labor standards With respect to the labor standards described in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. 203. Funding To carry out the program under section 201(b), the Secretary, in addition to amounts in the Fund, may use amounts that have been made available to the Secretary and are not otherwise obligated. 301. Climate Change Obligations (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate (referred to in this title as the Secretary ) shall issue obligations under chapter 31 of title 31, United States Code (referred to in this title as climate change obligations ), the proceeds from which shall be deposited in the Fund. (b) Full faith and credit Payment of interest and principal with respect to any climate change obligation issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States. (c) Exemption from local taxation All climate change obligations issued by the Secretary, and the interest on or credits with respect to such obligations, shall not be subject to taxation by any State, county, municipality, or local taxing authority. (d) Amount of Climate Change Obligations (1) In general Except as provided in paragraph (2), the aggregate face amount of the climate change obligations issued annually under this section shall be $200,000,000. (2) Additional obligations For any calendar year in which all of the obligations issued pursuant to paragraph (1) have been purchased, the Secretary may issue additional climate change obligations during such calendar year, provided that the aggregate face amount of such additional obligations does not exceed $800,000,000. (e) Funding The Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the purposes of this section. 302. Promotion (a) In general The Secretary shall promote the purchase of climate change obligations through such means as are determined appropriate by the Secretary, with the amount expended for such promotion not to exceed $10,000,000 for any fiscal year during the period of fiscal years 2022 through 2026. (b) Donated advertising In addition to any advertising paid for with funds made available under subsection (c), the Secretary shall solicit and may accept the donation of advertising relating to the sale of climate change obligations. (c) Authorization of appropriations For each fiscal year during the period of fiscal years 2022 through 2026, there is authorized to be appropriated $10,000,000 to carry out the purposes of this section.
16,585
117s1325is
117
s
1,325
is
To ensure that women seeking an abortion are informed of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child, before giving their informed consent to receive an abortion.
[ { "text": "1. Short title \nThis Act may be cited as the Woman’s Right To Know Act.", "id": "S1", "header": "Short title" }, { "text": "2. Requirement of informed consent \n(a) In general \n(1) Requirement of compliance by providers \nAny abortion provider, acting in or affecting interstate or foreign commerce, who knowingly performs, or attempts to perform, any abortion shall comply with the requirements of this section. (2) Review of medical risks and unborn health status \nAn abortion provider who intends to perform, or attempt to perform, an abortion may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subsection. (3) Informed consent authorization form \n(A) In general \nThe Informed Consent Authorization form required under this subsection shall— (i) be presented in person by the abortion provider 24 hours prior to performing, or attempting to perform, the abortion to the woman seeking the abortion; and (ii) consist of— (I) a statement by the abortion provider indicating— (aa) the probable gestational age, in completed days, of the child; (bb) all medical risks associated with the specific abortion procedure; and (cc) the major developmental characteristics of unborn children at such gestational age, including the presence of a heartbeat, the ability to react to painful stimuli, and the development of organs, appendages, and facial features; (II) a statement that the requirements of this subsection are binding upon the abortion provider and all other medical personnel, that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements, and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and (III) an affirmation that each individual signing the Informed Consent Authorization form has filled out the form to the best of his or her knowledge and understands the information contained in the form. (B) Signatories required \nThe Informed Consent Authorization form required under this subsection shall be signed in person by the woman seeking the abortion, the abortion provider performing or attempting to perform the abortion, and a witness. (C) Retention of consent form \nThe abortion provider performing or attempting to perform an abortion shall retain the signed Informed Consent Authorization form required under this subsection in the patient's medical file. (D) Requirement for data retention \nParagraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to the Informed Consent Authorization form required to be placed in a patient's medical file pursuant to subparagraph (C) in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (4) Exceptions \nThe requirements of this subsection shall not apply if, in reasonable medical judgment, compliance with paragraph (2) would pose a greater risk of— (A) the death of the pregnant woman; or (B) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. (b) Penalty for failure To comply \n(1) Civil penalty \n(A) Enforcement by Attorney General \nThe Attorney General shall commence a civil action in an appropriate district court of the United States under this subsection against any abortion provider who knowingly commits a violation of subsection (a). (B) Penalty \nIn a civil action under subparagraph (A), the court may, to vindicate the public interest, assess a civil penalty against the abortion provider in an amount— (i) not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection; or (ii) not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection. (C) Notification \nUpon the assessment of a civil penalty under subparagraph (B), the Attorney General shall notify the appropriate State medical licensing authority. (D) No penalties for pregnant women \nA pregnant woman shall not be subject to any penalty under this section. (2) Private right of action \n(A) In general \nA woman or a parent of a minor upon whom an abortion has been performed in violation of subsection (a) may commence a civil action against the abortion provider for appropriate relief. (B) Appropriate relief \nAppropriate relief in a civil action under this paragraph includes— (i) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (ii) statutory damages equal to 3 times the cost of the abortion; and (iii) punitive damages. (C) Attorney's fees for plaintiff \nThe court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this paragraph. (D) Attorney's fees for defendant \nIf a defendant in a civil action under this paragraph prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. (E) Awards against woman \nIn any civil action under this paragraph, no damages or other monetary relief, and no attorney's fees except as provided under subparagraph (D), may be assessed against the woman upon whom the abortion was performed or attempted. (c) Preemption \nNothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act. (d) Rule of construction \nNothing in this Act shall be construed to prohibit an abortion provider from presenting the information required under subsection (a) to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with State law, provided that the presentation of such information occurs at least 24 hours before the abortion. (e) Definitions \nIn this section: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability to produce a live birth and preserve the life and health of the child born alive; or (ii) to remove a dead unborn child. (2) Abortion provider \nThe term abortion provider means a person— (A) licensed to practice medicine and surgery or osteopathic medicine and surgery; or (B) otherwise legally authorized to perform an abortion. (3) Attempt \nThe term attempt , with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. (4) Minor \nThe term minor means an individual who has not attained the age of 18 years. (5) Perform \nThe term perform , with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. (6) Reasonable medical judgment \nThe term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent abortion provider, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (7) Unborn child \nThe term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. (8) Woman \nThe term woman means a female human being whether or not she has reached the age of majority.", "id": "idF1402C2341BC4A13B34E32B74D773AF3", "header": "Requirement of informed consent" } ]
2
1. Short title This Act may be cited as the Woman’s Right To Know Act. 2. Requirement of informed consent (a) In general (1) Requirement of compliance by providers Any abortion provider, acting in or affecting interstate or foreign commerce, who knowingly performs, or attempts to perform, any abortion shall comply with the requirements of this section. (2) Review of medical risks and unborn health status An abortion provider who intends to perform, or attempt to perform, an abortion may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subsection. (3) Informed consent authorization form (A) In general The Informed Consent Authorization form required under this subsection shall— (i) be presented in person by the abortion provider 24 hours prior to performing, or attempting to perform, the abortion to the woman seeking the abortion; and (ii) consist of— (I) a statement by the abortion provider indicating— (aa) the probable gestational age, in completed days, of the child; (bb) all medical risks associated with the specific abortion procedure; and (cc) the major developmental characteristics of unborn children at such gestational age, including the presence of a heartbeat, the ability to react to painful stimuli, and the development of organs, appendages, and facial features; (II) a statement that the requirements of this subsection are binding upon the abortion provider and all other medical personnel, that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements, and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and (III) an affirmation that each individual signing the Informed Consent Authorization form has filled out the form to the best of his or her knowledge and understands the information contained in the form. (B) Signatories required The Informed Consent Authorization form required under this subsection shall be signed in person by the woman seeking the abortion, the abortion provider performing or attempting to perform the abortion, and a witness. (C) Retention of consent form The abortion provider performing or attempting to perform an abortion shall retain the signed Informed Consent Authorization form required under this subsection in the patient's medical file. (D) Requirement for data retention Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to the Informed Consent Authorization form required to be placed in a patient's medical file pursuant to subparagraph (C) in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (4) Exceptions The requirements of this subsection shall not apply if, in reasonable medical judgment, compliance with paragraph (2) would pose a greater risk of— (A) the death of the pregnant woman; or (B) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. (b) Penalty for failure To comply (1) Civil penalty (A) Enforcement by Attorney General The Attorney General shall commence a civil action in an appropriate district court of the United States under this subsection against any abortion provider who knowingly commits a violation of subsection (a). (B) Penalty In a civil action under subparagraph (A), the court may, to vindicate the public interest, assess a civil penalty against the abortion provider in an amount— (i) not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection; or (ii) not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection. (C) Notification Upon the assessment of a civil penalty under subparagraph (B), the Attorney General shall notify the appropriate State medical licensing authority. (D) No penalties for pregnant women A pregnant woman shall not be subject to any penalty under this section. (2) Private right of action (A) In general A woman or a parent of a minor upon whom an abortion has been performed in violation of subsection (a) may commence a civil action against the abortion provider for appropriate relief. (B) Appropriate relief Appropriate relief in a civil action under this paragraph includes— (i) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (ii) statutory damages equal to 3 times the cost of the abortion; and (iii) punitive damages. (C) Attorney's fees for plaintiff The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this paragraph. (D) Attorney's fees for defendant If a defendant in a civil action under this paragraph prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. (E) Awards against woman In any civil action under this paragraph, no damages or other monetary relief, and no attorney's fees except as provided under subparagraph (D), may be assessed against the woman upon whom the abortion was performed or attempted. (c) Preemption Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act. (d) Rule of construction Nothing in this Act shall be construed to prohibit an abortion provider from presenting the information required under subsection (a) to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with State law, provided that the presentation of such information occurs at least 24 hours before the abortion. (e) Definitions In this section: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability to produce a live birth and preserve the life and health of the child born alive; or (ii) to remove a dead unborn child. (2) Abortion provider The term abortion provider means a person— (A) licensed to practice medicine and surgery or osteopathic medicine and surgery; or (B) otherwise legally authorized to perform an abortion. (3) Attempt The term attempt , with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. (4) Minor The term minor means an individual who has not attained the age of 18 years. (5) Perform The term perform , with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. (6) Reasonable medical judgment The term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent abortion provider, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (7) Unborn child The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. (8) Woman The term woman means a female human being whether or not she has reached the age of majority.
8,145
117s3875enr
117
s
3,875
enr
To require the President to develop and maintain products that show the risk of natural hazards across the United States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Community Disaster Resilience Zones Act of 2022.", "id": "id6479942e-cc9a-4a92-a3fc-599de758639b", "header": "Short title" }, { "text": "2. Findings \nSection 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities..", "id": "idf48adb80-46d7-406d-9e39-1fa56bedfc7c", "header": "Findings" }, { "text": "3. Natural hazard risk assessment \n(a) In general \nTitle II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural hazard risk assessment \n(a) Definitions \nIn this section: (1) Community disaster resilience zone \nThe term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products \nThe President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features \nThe products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation \n(1) In general \nNot later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings \nIn carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance \nIn identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration \nThe designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update \nNot later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights \nIn determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone \nWith respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance \n(1) In general \nThe President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose \nThe purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application \nIf required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding \nIn providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications \n(1) In general \nIf required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification \n(A) In general \nNot later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (ii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification \nIf the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification \nThe certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.. (b) National Risk Index funding \nNothing in section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (a) of this section, shall be construed to prohibit the Administrator of the Federal Emergency Management Agency from using amounts available to maintain and update the National Risk Index until the earlier of— (1) the date on which those amounts are transferred to another source; and (2) 3 years after the date of enactment of this Act. (c) Applicability \nThe amendments made by this Act shall only apply with respect to amounts appropriated on or after the date of enactment of this Act.", "id": "id4a1feeb8-ff3c-40e4-9673-241545baa4b9", "header": "Natural hazard risk assessment" }, { "text": "206. Natural hazard risk assessment \n(a) Definitions \nIn this section: (1) Community disaster resilience zone \nThe term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products \nThe President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features \nThe products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation \n(1) In general \nNot later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings \nIn carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance \nIn identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration \nThe designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update \nNot later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights \nIn determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone \nWith respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance \n(1) In general \nThe President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose \nThe purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application \nIf required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding \nIn providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications \n(1) In general \nIf required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification \n(A) In general \nNot later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (ii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification \nIf the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification \nThe certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.", "id": "id2b9fadaa-b870-4007-a98b-b2a3109b3c57", "header": "Natural hazard risk assessment" } ]
4
1. Short title This Act may be cited as the Community Disaster Resilience Zones Act of 2022. 2. Findings Section 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.. 3. Natural hazard risk assessment (a) In general Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural hazard risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration The designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights In determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding In providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (ii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification The certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.. (b) National Risk Index funding Nothing in section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (a) of this section, shall be construed to prohibit the Administrator of the Federal Emergency Management Agency from using amounts available to maintain and update the National Risk Index until the earlier of— (1) the date on which those amounts are transferred to another source; and (2) 3 years after the date of enactment of this Act. (c) Applicability The amendments made by this Act shall only apply with respect to amounts appropriated on or after the date of enactment of this Act. 206. Natural hazard risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration The designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights In determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding In providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (ii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification The certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.
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117
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3,875
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To require the President to develop and maintain products that show the risk of natural hazards across the United States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Community Disaster Resilience Zones Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nSection 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities..", "id": "idc462e74cabe0475ea46da7cb4c9c8c05", "header": "Findings" }, { "text": "3. Natural disaster risk assessment \n(a) In general \nTitle II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural disaster risk assessment \n(a) Definitions \nIn this section: (1) Community disaster resilience zone \nThe term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products \nThe President shall continue to maintain a natural disaster assessment program that develops and maintains products that— (1) are available to the public; and (2) show the risk of natural hazards across the United States, such as— (A) the National Risk Index or a successor product; or (B) a natural disaster hazard risk assessment and mapping tool that is complementary to the National Risk Index. (c) Features \nThe products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation \n(1) In general \nNot later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings under paragraph (2); and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned a high risk rating under paragraph (2). (2) Risk ratings \nIn carrying out paragraph (1), the President shall use census tract risk ratings that, with respect to a product maintained under subsection (b)— (A) are derived from the product; (B) reflect whether a census tract has been assigned, under the product— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) buildings value; and (III) agriculture value; and (ii) high social vulnerability ratings and low community resilience ratings; and (C) reflect the principal natural hazard risks identified for the census tract under the product. (3) Geographic balance \nIn identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (e) Review and update \nNot later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) review the underlying methodology of any product that is a natural disaster hazard risk assessment; (2) consider including additional data in any product that is a natural disaster hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) natural disaster risk assessment insights on climate change and past and future natural hazard risk; and (E) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural disaster hazard risk assessment insights \nIn determining the information to be included in the natural disaster hazard risk assessment insights described in subsection (e)(2)(D), the President shall consult with, at a minimum— (1) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone \nWith respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h). (h) Resilience or mitigation project planning assistance \n(1) In general \nThe President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose \nThe purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application \nIf required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (i) Community disaster resilience zone project applications \n(1) In general \nIf required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification \n(A) In general \nNot later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification \nIf the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (3) Projects causing displacement \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any habitable housing unit, the entity performing the resilience or mitigation project shall, to the extent practicable as determined by the President, provide the resident the option to have a suitable and comparable housing unit in the same local community under terms that are similar to the terms of the habitable housing unit from which the resident is displaced. (4) Flood protection projects \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that is a flood protection project under the jurisdiction of the United States Army Corps of Engineers, the flood protection project shall meet or exceed flood protection standards of the Army Corps of Engineers..", "id": "id72eca642bda24edaa59bbd6c2935eedd", "header": "Natural disaster risk assessment" }, { "text": "206. Natural disaster risk assessment \n(a) Definitions \nIn this section: (1) Community disaster resilience zone \nThe term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products \nThe President shall continue to maintain a natural disaster assessment program that develops and maintains products that— (1) are available to the public; and (2) show the risk of natural hazards across the United States, such as— (A) the National Risk Index or a successor product; or (B) a natural disaster hazard risk assessment and mapping tool that is complementary to the National Risk Index. (c) Features \nThe products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation \n(1) In general \nNot later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings under paragraph (2); and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned a high risk rating under paragraph (2). (2) Risk ratings \nIn carrying out paragraph (1), the President shall use census tract risk ratings that, with respect to a product maintained under subsection (b)— (A) are derived from the product; (B) reflect whether a census tract has been assigned, under the product— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) buildings value; and (III) agriculture value; and (ii) high social vulnerability ratings and low community resilience ratings; and (C) reflect the principal natural hazard risks identified for the census tract under the product. (3) Geographic balance \nIn identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (e) Review and update \nNot later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) review the underlying methodology of any product that is a natural disaster hazard risk assessment; (2) consider including additional data in any product that is a natural disaster hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) natural disaster risk assessment insights on climate change and past and future natural hazard risk; and (E) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural disaster hazard risk assessment insights \nIn determining the information to be included in the natural disaster hazard risk assessment insights described in subsection (e)(2)(D), the President shall consult with, at a minimum— (1) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone \nWith respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h). (h) Resilience or mitigation project planning assistance \n(1) In general \nThe President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose \nThe purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application \nIf required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (i) Community disaster resilience zone project applications \n(1) In general \nIf required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification \n(A) In general \nNot later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification \nIf the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (3) Projects causing displacement \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any habitable housing unit, the entity performing the resilience or mitigation project shall, to the extent practicable as determined by the President, provide the resident the option to have a suitable and comparable housing unit in the same local community under terms that are similar to the terms of the habitable housing unit from which the resident is displaced. (4) Flood protection projects \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that is a flood protection project under the jurisdiction of the United States Army Corps of Engineers, the flood protection project shall meet or exceed flood protection standards of the Army Corps of Engineers.", "id": "idc663f8a7ed1b4f079559cceacf99a7b9", "header": "Natural disaster risk assessment" }, { "text": "1. Short title \nThis Act may be cited as the Community Disaster Resilience Zones Act of 2022.", "id": "id6479942e-cc9a-4a92-a3fc-599de758639b", "header": "Short title" }, { "text": "2. Findings \nSection 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities..", "id": "idf48adb80-46d7-406d-9e39-1fa56bedfc7c", "header": "Findings" }, { "text": "3. Natural hazard risk assessment \n(a) In general \nTitle II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural hazard risk assessment \n(a) Definitions \nIn this section: (1) Community disaster resilience zone \nThe term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products \nThe President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features \nThe products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation \n(1) In general \nNot later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings \nIn carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance \nIn identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration \nThe designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update \nNot later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights \nIn determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone \nWith respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance \n(1) In general \nThe President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose \nThe purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application \nIf required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding \nIn providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications \n(1) In general \nIf required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification \n(A) In general \nNot later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds hazard-resistant, consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification \nIf the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification \nThe certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.. (b) National Risk Index funding \nNothing in section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (a) of this section, shall be construed to prohibit the Administrator of the Federal Emergency Management Agency from using amounts available to maintain and update the National Risk Index until the earlier of— (1) the date on which those amounts are transferred to another source; and (2) 3 years after the date of enactment of this Act.", "id": "id4a1feeb8-ff3c-40e4-9673-241545baa4b9", "header": "Natural hazard risk assessment" }, { "text": "206. Natural hazard risk assessment \n(a) Definitions \nIn this section: (1) Community disaster resilience zone \nThe term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products \nThe President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features \nThe products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation \n(1) In general \nNot later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings \nIn carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance \nIn identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration \nThe designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update \nNot later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights \nIn determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone \nWith respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance \n(1) In general \nThe President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose \nThe purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application \nIf required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding \nIn providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications \n(1) In general \nIf required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification \n(A) In general \nNot later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds hazard-resistant, consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification \nIf the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification \nThe certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.", "id": "id2b9fadaa-b870-4007-a98b-b2a3109b3c57", "header": "Natural hazard risk assessment" } ]
8
1. Short title This Act may be cited as the Community Disaster Resilience Zones Act of 2022. 2. Findings Section 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.. 3. Natural disaster risk assessment (a) In general Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural disaster risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural disaster assessment program that develops and maintains products that— (1) are available to the public; and (2) show the risk of natural hazards across the United States, such as— (A) the National Risk Index or a successor product; or (B) a natural disaster hazard risk assessment and mapping tool that is complementary to the National Risk Index. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings under paragraph (2); and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned a high risk rating under paragraph (2). (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings that, with respect to a product maintained under subsection (b)— (A) are derived from the product; (B) reflect whether a census tract has been assigned, under the product— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) buildings value; and (III) agriculture value; and (ii) high social vulnerability ratings and low community resilience ratings; and (C) reflect the principal natural hazard risks identified for the census tract under the product. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) review the underlying methodology of any product that is a natural disaster hazard risk assessment; (2) consider including additional data in any product that is a natural disaster hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) natural disaster risk assessment insights on climate change and past and future natural hazard risk; and (E) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural disaster hazard risk assessment insights In determining the information to be included in the natural disaster hazard risk assessment insights described in subsection (e)(2)(D), the President shall consult with, at a minimum— (1) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h). (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any habitable housing unit, the entity performing the resilience or mitigation project shall, to the extent practicable as determined by the President, provide the resident the option to have a suitable and comparable housing unit in the same local community under terms that are similar to the terms of the habitable housing unit from which the resident is displaced. (4) Flood protection projects With respect to a resilience or mitigation project certified under paragraph (2)(B) that is a flood protection project under the jurisdiction of the United States Army Corps of Engineers, the flood protection project shall meet or exceed flood protection standards of the Army Corps of Engineers.. 206. Natural disaster risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural disaster assessment program that develops and maintains products that— (1) are available to the public; and (2) show the risk of natural hazards across the United States, such as— (A) the National Risk Index or a successor product; or (B) a natural disaster hazard risk assessment and mapping tool that is complementary to the National Risk Index. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings under paragraph (2); and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned a high risk rating under paragraph (2). (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings that, with respect to a product maintained under subsection (b)— (A) are derived from the product; (B) reflect whether a census tract has been assigned, under the product— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) buildings value; and (III) agriculture value; and (ii) high social vulnerability ratings and low community resilience ratings; and (C) reflect the principal natural hazard risks identified for the census tract under the product. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) review the underlying methodology of any product that is a natural disaster hazard risk assessment; (2) consider including additional data in any product that is a natural disaster hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) natural disaster risk assessment insights on climate change and past and future natural hazard risk; and (E) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural disaster hazard risk assessment insights In determining the information to be included in the natural disaster hazard risk assessment insights described in subsection (e)(2)(D), the President shall consult with, at a minimum— (1) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h). (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any habitable housing unit, the entity performing the resilience or mitigation project shall, to the extent practicable as determined by the President, provide the resident the option to have a suitable and comparable housing unit in the same local community under terms that are similar to the terms of the habitable housing unit from which the resident is displaced. (4) Flood protection projects With respect to a resilience or mitigation project certified under paragraph (2)(B) that is a flood protection project under the jurisdiction of the United States Army Corps of Engineers, the flood protection project shall meet or exceed flood protection standards of the Army Corps of Engineers. 1. Short title This Act may be cited as the Community Disaster Resilience Zones Act of 2022. 2. Findings Section 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.. 3. Natural hazard risk assessment (a) In general Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural hazard risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration The designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights In determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding In providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds hazard-resistant, consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification The certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.. (b) National Risk Index funding Nothing in section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (a) of this section, shall be construed to prohibit the Administrator of the Federal Emergency Management Agency from using amounts available to maintain and update the National Risk Index until the earlier of— (1) the date on which those amounts are transferred to another source; and (2) 3 years after the date of enactment of this Act. 206. Natural hazard risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration The designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights In determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding In providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds hazard-resistant, consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification The certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.
36,789
117s3875es
117
s
3,875
es
To require the President to develop and maintain products that show the risk of natural hazards across the United States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Community Disaster Resilience Zones Act of 2022.", "id": "id6479942e-cc9a-4a92-a3fc-599de758639b", "header": "Short title" }, { "text": "2. Findings \nSection 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities..", "id": "idf48adb80-46d7-406d-9e39-1fa56bedfc7c", "header": "Findings" }, { "text": "3. Natural hazard risk assessment \n(a) In general \nTitle II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural hazard risk assessment \n(a) Definitions \nIn this section: (1) Community disaster resilience zone \nThe term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products \nThe President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features \nThe products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation \n(1) In general \nNot later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings \nIn carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance \nIn identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration \nThe designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update \nNot later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights \nIn determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone \nWith respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance \n(1) In general \nThe President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose \nThe purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application \nIf required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding \nIn providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications \n(1) In general \nIf required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification \n(A) In general \nNot later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (ii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification \nIf the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification \nThe certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.. (b) National Risk Index funding \nNothing in section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (a) of this section, shall be construed to prohibit the Administrator of the Federal Emergency Management Agency from using amounts available to maintain and update the National Risk Index until the earlier of— (1) the date on which those amounts are transferred to another source; and (2) 3 years after the date of enactment of this Act. (c) Applicability \nThe amendments made by this Act shall only apply with respect to amounts appropriated on or after the date of enactment of this Act.", "id": "id4a1feeb8-ff3c-40e4-9673-241545baa4b9", "header": "Natural hazard risk assessment" }, { "text": "206. Natural hazard risk assessment \n(a) Definitions \nIn this section: (1) Community disaster resilience zone \nThe term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products \nThe President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features \nThe products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation \n(1) In general \nNot later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings \nIn carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance \nIn identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration \nThe designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update \nNot later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights \nIn determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone \nWith respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance \n(1) In general \nThe President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose \nThe purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application \nIf required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding \nIn providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications \n(1) In general \nIf required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification \n(A) In general \nNot later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (ii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification \nIf the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification \nThe certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.", "id": "id2b9fadaa-b870-4007-a98b-b2a3109b3c57", "header": "Natural hazard risk assessment" } ]
4
1. Short title This Act may be cited as the Community Disaster Resilience Zones Act of 2022. 2. Findings Section 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.. 3. Natural hazard risk assessment (a) In general Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural hazard risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration The designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights In determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding In providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (ii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification The certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.. (b) National Risk Index funding Nothing in section 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (a) of this section, shall be construed to prohibit the Administrator of the Federal Emergency Management Agency from using amounts available to maintain and update the National Risk Index until the earlier of— (1) the date on which those amounts are transferred to another source; and (2) 3 years after the date of enactment of this Act. (c) Applicability The amendments made by this Act shall only apply with respect to amounts appropriated on or after the date of enactment of this Act. 206. Natural hazard risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural hazard assessment program that develops and maintains products that— (1) are available to the public; and (2) define natural hazard risk across the United States. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings; and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned high individual risk ratings. (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings derived from a product maintained under subsection (b) that— (A) reflect— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) building value; and (III) agriculture value; (ii) high social vulnerability ratings and low community resilience ratings; and (iii) any other elements determined by the President; and (B) reflect the principal natural hazard risks identified for the respective census tracts. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (4) Duration The designation of a community disaster resilience zone under paragraph (1) shall be effective for a period of not less than 5 years. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) with respect to any product that is a natural hazard risk assessment— (A) review the underlying methodology of the product; and (B) receive public input on the methodology and data used for the product; (2) consider including additional data in any product that is a natural hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) data that assesses past and future loss exposure, including analysis on the effects of a changing climate on future loss exposure; (E) data from the Resilience Analysis and Planning Tool of the Federal Emergency Management Agency; and (F) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural hazard risk assessment insights In determining additional data to include in products that are natural hazard risk assessments under subsection (e)(2), the President shall consult with, at a minimum— (1) the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h) to not more than 90 percent of the total cost of the resilience or mitigation project. (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (4) Funding In providing assistance under paragraph (1), the President may use amounts set aside under section 203(i). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (ii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (C) Effect of certification The certification of a proposed resilience or mitigation project under subparagraph (B) shall not be construed to exempt the resilience or mitigation project from the requirements of any other law. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any occupied housing unit, the entity performing the resilience or mitigation project shall— (A) provide, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— (i) of a comparable size; (ii) located in the same local community or a community with reduced hazard risk; and (iii) offered under similar costs, conditions, and terms; (B) ensure that property acquisitions resulting from the displacement and made in connection with the resilience or mitigation project— (i) are deed restricted in perpetuity to preclude future property uses not relating to mitigation or resilience; and (ii) are the result of a voluntary decision by the resident; and (C) plan for robust public participation in the resilience or mitigation project.
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117
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3,875
is
To require the President to develop and maintain products that show the risk of natural hazards across the United States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Community Disaster Resilience Zones Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nSection 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities..", "id": "idc462e74cabe0475ea46da7cb4c9c8c05", "header": "Findings" }, { "text": "3. Natural disaster risk assessment \n(a) In general \nTitle II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural disaster risk assessment \n(a) Definitions \nIn this section: (1) Community disaster resilience zone \nThe term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products \nThe President shall continue to maintain a natural disaster assessment program that develops and maintains products that— (1) are available to the public; and (2) show the risk of natural hazards across the United States, such as— (A) the National Risk Index or a successor product; or (B) a natural disaster hazard risk assessment and mapping tool that is complementary to the National Risk Index. (c) Features \nThe products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation \n(1) In general \nNot later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings under paragraph (2); and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned a high risk rating under paragraph (2). (2) Risk ratings \nIn carrying out paragraph (1), the President shall use census tract risk ratings that, with respect to a product maintained under subsection (b)— (A) are derived from the product; (B) reflect whether a census tract has been assigned, under the product— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) buildings value; and (III) agriculture value; and (ii) high social vulnerability ratings and low community resilience ratings; and (C) reflect the principal natural hazard risks identified for the census tract under the product. (3) Geographic balance \nIn identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (e) Review and update \nNot later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) review the underlying methodology of any product that is a natural disaster hazard risk assessment; (2) consider including additional data in any product that is a natural disaster hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) natural disaster risk assessment insights on climate change and past and future natural hazard risk; and (E) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural disaster hazard risk assessment insights \nIn determining the information to be included in the natural disaster hazard risk assessment insights described in subsection (e)(2)(D), the President shall consult with, at a minimum— (1) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone \nWith respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h). (h) Resilience or mitigation project planning assistance \n(1) In general \nThe President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose \nThe purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application \nIf required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (i) Community disaster resilience zone project applications \n(1) In general \nIf required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification \n(A) In general \nNot later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification \nIf the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (3) Projects causing displacement \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any habitable housing unit, the entity performing the resilience or mitigation project shall, to the extent practicable as determined by the President, provide the resident the option to have a suitable and comparable housing unit in the same local community under terms that are similar to the terms of the habitable housing unit from which the resident is displaced. (4) Flood protection projects \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that is a flood protection project under the jurisdiction of the United States Army Corps of Engineers, the flood protection project shall meet or exceed flood protection standards of the Army Corps of Engineers..", "id": "id72eca642bda24edaa59bbd6c2935eedd", "header": "Natural disaster risk assessment" }, { "text": "206. Natural disaster risk assessment \n(a) Definitions \nIn this section: (1) Community disaster resilience zone \nThe term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products \nThe President shall continue to maintain a natural disaster assessment program that develops and maintains products that— (1) are available to the public; and (2) show the risk of natural hazards across the United States, such as— (A) the National Risk Index or a successor product; or (B) a natural disaster hazard risk assessment and mapping tool that is complementary to the National Risk Index. (c) Features \nThe products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation \n(1) In general \nNot later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings under paragraph (2); and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned a high risk rating under paragraph (2). (2) Risk ratings \nIn carrying out paragraph (1), the President shall use census tract risk ratings that, with respect to a product maintained under subsection (b)— (A) are derived from the product; (B) reflect whether a census tract has been assigned, under the product— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) buildings value; and (III) agriculture value; and (ii) high social vulnerability ratings and low community resilience ratings; and (C) reflect the principal natural hazard risks identified for the census tract under the product. (3) Geographic balance \nIn identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (e) Review and update \nNot later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) review the underlying methodology of any product that is a natural disaster hazard risk assessment; (2) consider including additional data in any product that is a natural disaster hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) natural disaster risk assessment insights on climate change and past and future natural hazard risk; and (E) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural disaster hazard risk assessment insights \nIn determining the information to be included in the natural disaster hazard risk assessment insights described in subsection (e)(2)(D), the President shall consult with, at a minimum— (1) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone \nWith respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h). (h) Resilience or mitigation project planning assistance \n(1) In general \nThe President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose \nThe purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application \nIf required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (i) Community disaster resilience zone project applications \n(1) In general \nIf required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification \n(A) In general \nNot later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification \nIf the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (3) Projects causing displacement \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any habitable housing unit, the entity performing the resilience or mitigation project shall, to the extent practicable as determined by the President, provide the resident the option to have a suitable and comparable housing unit in the same local community under terms that are similar to the terms of the habitable housing unit from which the resident is displaced. (4) Flood protection projects \nWith respect to a resilience or mitigation project certified under paragraph (2)(B) that is a flood protection project under the jurisdiction of the United States Army Corps of Engineers, the flood protection project shall meet or exceed flood protection standards of the Army Corps of Engineers.", "id": "idc663f8a7ed1b4f079559cceacf99a7b9", "header": "Natural disaster risk assessment" } ]
4
1. Short title This Act may be cited as the Community Disaster Resilience Zones Act of 2022. 2. Findings Section 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.. 3. Natural disaster risk assessment (a) In general Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural disaster risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural disaster assessment program that develops and maintains products that— (1) are available to the public; and (2) show the risk of natural hazards across the United States, such as— (A) the National Risk Index or a successor product; or (B) a natural disaster hazard risk assessment and mapping tool that is complementary to the National Risk Index. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings under paragraph (2); and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned a high risk rating under paragraph (2). (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings that, with respect to a product maintained under subsection (b)— (A) are derived from the product; (B) reflect whether a census tract has been assigned, under the product— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) buildings value; and (III) agriculture value; and (ii) high social vulnerability ratings and low community resilience ratings; and (C) reflect the principal natural hazard risks identified for the census tract under the product. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) review the underlying methodology of any product that is a natural disaster hazard risk assessment; (2) consider including additional data in any product that is a natural disaster hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) natural disaster risk assessment insights on climate change and past and future natural hazard risk; and (E) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural disaster hazard risk assessment insights In determining the information to be included in the natural disaster hazard risk assessment insights described in subsection (e)(2)(D), the President shall consult with, at a minimum— (1) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h). (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any habitable housing unit, the entity performing the resilience or mitigation project shall, to the extent practicable as determined by the President, provide the resident the option to have a suitable and comparable housing unit in the same local community under terms that are similar to the terms of the habitable housing unit from which the resident is displaced. (4) Flood protection projects With respect to a resilience or mitigation project certified under paragraph (2)(B) that is a flood protection project under the jurisdiction of the United States Army Corps of Engineers, the flood protection project shall meet or exceed flood protection standards of the Army Corps of Engineers.. 206. Natural disaster risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural disaster assessment program that develops and maintains products that— (1) are available to the public; and (2) show the risk of natural hazards across the United States, such as— (A) the National Risk Index or a successor product; or (B) a natural disaster hazard risk assessment and mapping tool that is complementary to the National Risk Index. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings under paragraph (2); and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned a high risk rating under paragraph (2). (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings that, with respect to a product maintained under subsection (b)— (A) are derived from the product; (B) reflect whether a census tract has been assigned, under the product— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) buildings value; and (III) agriculture value; and (ii) high social vulnerability ratings and low community resilience ratings; and (C) reflect the principal natural hazard risks identified for the census tract under the product. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) review the underlying methodology of any product that is a natural disaster hazard risk assessment; (2) consider including additional data in any product that is a natural disaster hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) natural disaster risk assessment insights on climate change and past and future natural hazard risk; and (E) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural disaster hazard risk assessment insights In determining the information to be included in the natural disaster hazard risk assessment insights described in subsection (e)(2)(D), the President shall consult with, at a minimum— (1) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h). (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any habitable housing unit, the entity performing the resilience or mitigation project shall, to the extent practicable as determined by the President, provide the resident the option to have a suitable and comparable housing unit in the same local community under terms that are similar to the terms of the habitable housing unit from which the resident is displaced. (4) Flood protection projects With respect to a resilience or mitigation project certified under paragraph (2)(B) that is a flood protection project under the jurisdiction of the United States Army Corps of Engineers, the flood protection project shall meet or exceed flood protection standards of the Army Corps of Engineers.
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To amend the Public Works and Economic Development Act of 1965 to establish university centers to encourage certain economic development, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the University Centers for Growth, Development, and Prosperity Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Economic development agency university centers \n(a) Establishment \nTitle II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 219. University centers \n(a) In general \nThe Secretary shall make awards to institutions of higher learning for such institutions to serve as university centers. (b) Geographic coverage \nThe Secretary shall ensure that one university center is established in each State to provide services in such State. (c) Prioritization of historically Black colleges and universities, Tribal colleges and universities, Hispanic-Serving institutions, and minority-Serving institutions \nIn establishing university centers under this section, the Secretary shall prioritize institutions of higher education that are eligible to receive funds under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (d) Duties \nThe university centers established under this section, to the extent practicable, shall— (1) collaborate with other university centers; (2) collaborate with economic development districts, trade adjustment assistance centers, Hollings Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology, Business Centers and Rural Business Centers of the Minority Business Development Agency, and other relevant Federal economic development technical assistance and service providers to provide expertise, applied research, and technical assistance to develop, implement, and support regional strategies that assist in job creation, high-skilled regional talent pools, and business expansion in a region’s innovation cluster; (3) provide technical assistance, business development services, and technology transfer services to businesses in the service area of the university center; (4) establish partnerships with one or more commercialization intermediaries that are public or nonprofit technology transfer organizations eligible to receive a grant under section 602(d)(1)(B) of the American Innovation and Competitiveness Act ( 42 U.S.C. 1862s–9(d)(1)(B) ); and (5) provide to communities and regions assistance relating to data collection and analysis and other research relating to economic conditions and vulnerabilities that can inform economic development and adjustment strategies. (e) Funding \nThe Secretary may provide to each university center under this section for each fiscal year an amount that is not less than $500,000 and not more than $1,000,000.. (b) Conforming amendment \nSection 3(12) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122(12) ) is amended by inserting a university center established under section 219 or after means. (c) Clerical amendment \nThe table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 note) is amended by inserting after the item relating to section 218 the following new item: Sec. 219. University centers..", "id": "id8C5A3810C2084C13BAB10B2E24BBDA81", "header": "Economic development agency university centers" }, { "text": "219. University centers \n(a) In general \nThe Secretary shall make awards to institutions of higher learning for such institutions to serve as university centers. (b) Geographic coverage \nThe Secretary shall ensure that one university center is established in each State to provide services in such State. (c) Prioritization of historically Black colleges and universities, Tribal colleges and universities, Hispanic-Serving institutions, and minority-Serving institutions \nIn establishing university centers under this section, the Secretary shall prioritize institutions of higher education that are eligible to receive funds under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (d) Duties \nThe university centers established under this section, to the extent practicable, shall— (1) collaborate with other university centers; (2) collaborate with economic development districts, trade adjustment assistance centers, Hollings Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology, Business Centers and Rural Business Centers of the Minority Business Development Agency, and other relevant Federal economic development technical assistance and service providers to provide expertise, applied research, and technical assistance to develop, implement, and support regional strategies that assist in job creation, high-skilled regional talent pools, and business expansion in a region’s innovation cluster; (3) provide technical assistance, business development services, and technology transfer services to businesses in the service area of the university center; (4) establish partnerships with one or more commercialization intermediaries that are public or nonprofit technology transfer organizations eligible to receive a grant under section 602(d)(1)(B) of the American Innovation and Competitiveness Act ( 42 U.S.C. 1862s–9(d)(1)(B) ); and (5) provide to communities and regions assistance relating to data collection and analysis and other research relating to economic conditions and vulnerabilities that can inform economic development and adjustment strategies. (e) Funding \nThe Secretary may provide to each university center under this section for each fiscal year an amount that is not less than $500,000 and not more than $1,000,000.", "id": "HDB77F572E6774093BB8AA5DE1A2E1E52", "header": "University centers" } ]
3
1. Short title This Act may be cited as the University Centers for Growth, Development, and Prosperity Act of 2022. 2. Economic development agency university centers (a) Establishment Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 219. University centers (a) In general The Secretary shall make awards to institutions of higher learning for such institutions to serve as university centers. (b) Geographic coverage The Secretary shall ensure that one university center is established in each State to provide services in such State. (c) Prioritization of historically Black colleges and universities, Tribal colleges and universities, Hispanic-Serving institutions, and minority-Serving institutions In establishing university centers under this section, the Secretary shall prioritize institutions of higher education that are eligible to receive funds under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (d) Duties The university centers established under this section, to the extent practicable, shall— (1) collaborate with other university centers; (2) collaborate with economic development districts, trade adjustment assistance centers, Hollings Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology, Business Centers and Rural Business Centers of the Minority Business Development Agency, and other relevant Federal economic development technical assistance and service providers to provide expertise, applied research, and technical assistance to develop, implement, and support regional strategies that assist in job creation, high-skilled regional talent pools, and business expansion in a region’s innovation cluster; (3) provide technical assistance, business development services, and technology transfer services to businesses in the service area of the university center; (4) establish partnerships with one or more commercialization intermediaries that are public or nonprofit technology transfer organizations eligible to receive a grant under section 602(d)(1)(B) of the American Innovation and Competitiveness Act ( 42 U.S.C. 1862s–9(d)(1)(B) ); and (5) provide to communities and regions assistance relating to data collection and analysis and other research relating to economic conditions and vulnerabilities that can inform economic development and adjustment strategies. (e) Funding The Secretary may provide to each university center under this section for each fiscal year an amount that is not less than $500,000 and not more than $1,000,000.. (b) Conforming amendment Section 3(12) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122(12) ) is amended by inserting a university center established under section 219 or after means. (c) Clerical amendment The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 note) is amended by inserting after the item relating to section 218 the following new item: Sec. 219. University centers.. 219. University centers (a) In general The Secretary shall make awards to institutions of higher learning for such institutions to serve as university centers. (b) Geographic coverage The Secretary shall ensure that one university center is established in each State to provide services in such State. (c) Prioritization of historically Black colleges and universities, Tribal colleges and universities, Hispanic-Serving institutions, and minority-Serving institutions In establishing university centers under this section, the Secretary shall prioritize institutions of higher education that are eligible to receive funds under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (d) Duties The university centers established under this section, to the extent practicable, shall— (1) collaborate with other university centers; (2) collaborate with economic development districts, trade adjustment assistance centers, Hollings Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology, Business Centers and Rural Business Centers of the Minority Business Development Agency, and other relevant Federal economic development technical assistance and service providers to provide expertise, applied research, and technical assistance to develop, implement, and support regional strategies that assist in job creation, high-skilled regional talent pools, and business expansion in a region’s innovation cluster; (3) provide technical assistance, business development services, and technology transfer services to businesses in the service area of the university center; (4) establish partnerships with one or more commercialization intermediaries that are public or nonprofit technology transfer organizations eligible to receive a grant under section 602(d)(1)(B) of the American Innovation and Competitiveness Act ( 42 U.S.C. 1862s–9(d)(1)(B) ); and (5) provide to communities and regions assistance relating to data collection and analysis and other research relating to economic conditions and vulnerabilities that can inform economic development and adjustment strategies. (e) Funding The Secretary may provide to each university center under this section for each fiscal year an amount that is not less than $500,000 and not more than $1,000,000.
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To prohibit Federal funding for educational agencies and schools whose students do not read certain foundational texts of the United States and are not able to recite those texts or that teach that those texts are products of white supremacy or racism.
[ { "text": "1. Short title \nThis Act may be cited as the Love America Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Since the founding of the United States, the institutions of the United States of America have set the worldwide standard for promoting democracy, freedom, liberty, and virtue. (2) Increasingly, students across the country are being taught misinformation, including that the principles of the founding of the United States were lies from the start, that the core institutions of the United States are fundamentally racist and designed to propagate racism, and that it is acceptable to impute guilt to present-day individuals based on the color of their skin, rather than the content of their character. (3) The best antidote to misinformation is the truth, which is reflected in the documents relating to the founding of the United States and other artifacts of the United States, including the Declaration of Independence, the Constitution of the United States, and the Pledge of Allegiance.", "id": "IDe54977958e1e48a98acb26f750c65349", "header": " Findings" }, { "text": "3. Policy \nIt is the policy of the United States that students in elementary and secondary school should know the truth about the history and documents relating to the founding of the United States, which express the principles that unite the people of the United States, including the Declaration of Independence, the Constitution of the United States, and the Pledge of Allegiance.", "id": "IDcc9aff4a806d4acbad5c07552a47bf57", "header": " Policy" }, { "text": "4. Definition of educational agency or school \nIn this Act, the term educational agency or school means— (1) an elementary school, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (2) a secondary school, as defined in such section; (3) a local educational agency, as defined in such section; or (4) a State educational agency, as defined in such section.", "id": "ID7fca028569ad4596956cc45c81316cb4", "header": "Definition of educational agency or school" }, { "text": "5. Restrictions on Federal funds to educational agencies and schools \n(a) Restriction on Federal funds \nNotwithstanding any other provision of law, Federal funds shall only be provided to an educational agency or school in which— (1) students in the first grade read and are able to recite the Pledge of Allegiance; (2) students in the fourth grade read the Constitution of the United States and are able to recite its preamble; (3) students in the eighth grade read the Declaration of Independence and are able to recite its preamble; and (4) students in the tenth grade read and are able to identify the Bill of Rights. (b) Restriction on Federal funds for teaching that certain documents are products of white supremacy or racism \nNotwithstanding any other provision of law, no Federal funds shall be provided to an educational agency or school that teaches that the Pledge of Allegiance, the Declaration of Independence, or the Constitution of the United States is a product of white supremacy or racism.", "id": "ID64a3407a12434a42b74c00b125c16ee0", "header": " Restrictions on Federal funds to educational agencies and schools" }, { "text": "6. Rule of construction \nNothing in this Act shall be construed to limit any right of students guaranteed under the First Amendment to the Constitution of the United States.", "id": "IDa876aa184302455ab432b2ca31ee0375", "header": " Rule of construction" } ]
6
1. Short title This Act may be cited as the Love America Act of 2021. 2. Findings Congress finds the following: (1) Since the founding of the United States, the institutions of the United States of America have set the worldwide standard for promoting democracy, freedom, liberty, and virtue. (2) Increasingly, students across the country are being taught misinformation, including that the principles of the founding of the United States were lies from the start, that the core institutions of the United States are fundamentally racist and designed to propagate racism, and that it is acceptable to impute guilt to present-day individuals based on the color of their skin, rather than the content of their character. (3) The best antidote to misinformation is the truth, which is reflected in the documents relating to the founding of the United States and other artifacts of the United States, including the Declaration of Independence, the Constitution of the United States, and the Pledge of Allegiance. 3. Policy It is the policy of the United States that students in elementary and secondary school should know the truth about the history and documents relating to the founding of the United States, which express the principles that unite the people of the United States, including the Declaration of Independence, the Constitution of the United States, and the Pledge of Allegiance. 4. Definition of educational agency or school In this Act, the term educational agency or school means— (1) an elementary school, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (2) a secondary school, as defined in such section; (3) a local educational agency, as defined in such section; or (4) a State educational agency, as defined in such section. 5. Restrictions on Federal funds to educational agencies and schools (a) Restriction on Federal funds Notwithstanding any other provision of law, Federal funds shall only be provided to an educational agency or school in which— (1) students in the first grade read and are able to recite the Pledge of Allegiance; (2) students in the fourth grade read the Constitution of the United States and are able to recite its preamble; (3) students in the eighth grade read the Declaration of Independence and are able to recite its preamble; and (4) students in the tenth grade read and are able to identify the Bill of Rights. (b) Restriction on Federal funds for teaching that certain documents are products of white supremacy or racism Notwithstanding any other provision of law, no Federal funds shall be provided to an educational agency or school that teaches that the Pledge of Allegiance, the Declaration of Independence, or the Constitution of the United States is a product of white supremacy or racism. 6. Rule of construction Nothing in this Act shall be construed to limit any right of students guaranteed under the First Amendment to the Constitution of the United States.
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To improve fairness in political speech, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Preserving Political Speech Online Act.", "id": "S1", "header": "Short title" }, { "text": "2. Fairness in political advertising \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Commission shall initiate a rulemaking proceeding in accordance with section 553 of title 5, United States Code, to require any online platform or third party advertiser that displays, hosts, or otherwise allows the advertisement of a legally qualified candidate in an election for Federal office to abide by the following rules of fair access and equal opportunity: (1) Any online platform or third party advertiser who permits a legally qualified candidate in an election for Federal office to display or otherwise post an advertisement on such online platform or through such third party advertiser shall afford equal advertisement opportunities to any other legally qualified candidate for such office in such election. (2) Any online platform or third party advertiser shall charge comparable rates to each legally qualified candidate for any advertising service described in paragraph (1). (3) Any online platform or third party advertiser shall have no power of censorship over the content of any advertisement described in this subsection. (b) Transparency requirement \nAn online platform shall maintain, and make available online for public inspection in a machine readable format, a complete record of any purchase of an advertising service by a legally qualified candidate on such online platform within 24 hours of such purchase. (c) Enforcement by the Commission \n(1) Unfair or deceptive acts or practices \nA violation of subsection (a) or (b) or a rule promulgated thereunder shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission \n(A) In general \nThe Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Privileges and immunities \nAny person who violates subsection (a) or (b) or a rule promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved \nNothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (d) Definitions \nIn this section: (1) Commission \nThe term Commission means the Federal Trade Commission. (2) Election \nThe term election has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ). (3) Federal office \nThe term Federal office has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ). (4) Legally qualified candidate \nThe term legally qualified candidate has the meaning given that term for purposes of section 315 of the Communications Act of 1934 ( 47 U.S.C. 315 ). (5) Online platform \nThe term online platform means any public-facing website, web application, or digital application, including a social network, video streaming service, advertisement network, or search engine. (6) Third party advertiser \nThe term third party advertiser means any advertisement agency, company, or website developer that distributes or serves advertisements on an affiliated or unaffiliated online platform.", "id": "id0826E6A9C4C0454599CE426F3CA50380", "header": "Fairness in political advertising" }, { "text": "3. Application of Federal Communications Commission equal opportunity requirements to additional licensees \nPart I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended by adding at the end the following: 344. Application of equal opportunity principles to licensees that serve political advertising through other means \nNot later than 180 days after the date of enactment of this section, the Commission shall initiate a rulemaking to apply the principles of equal opportunity under sections 312(a)(7) and 315 to any licensee that— (1) displays, hosts, or otherwise allows the advertisement of a legally qualified candidate for any public office; and (2) is not already subject to those principles under this Act or under a regulation promulgated by the Commission..", "id": "idA791D5034B90483B9380A09EEC3A3402", "header": "Application of Federal Communications Commission equal opportunity requirements to additional licensees" }, { "text": "344. Application of equal opportunity principles to licensees that serve political advertising through other means \nNot later than 180 days after the date of enactment of this section, the Commission shall initiate a rulemaking to apply the principles of equal opportunity under sections 312(a)(7) and 315 to any licensee that— (1) displays, hosts, or otherwise allows the advertisement of a legally qualified candidate for any public office; and (2) is not already subject to those principles under this Act or under a regulation promulgated by the Commission.", "id": "id4B934DDD9CD04A678E64397042038846", "header": "Application of equal opportunity principles to licensees that serve political advertising through other means" }, { "text": "4. Protection for Good Samaritan blocking and screening of offensive material \nSection 230(c)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(c)(2) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (2) in clause (i), as so redesignated— (A) by striking filthy, ; and (B) by striking harassing, or otherwise objectionable, whether or not such material is constitutionally protected and inserting harassing or threatening, or promoting illegal activity ; (3) in clause (ii), as so redesignated, by striking paragraph (1) and inserting clause (i) ; (4) in the matter preceding clause (i), as so redesignated, by striking No provider or user and inserting the following: (A) In general \nNo provider or user ; and (5) by adding at the end the following: (B) Prohibition of bad faith blocking and screening \n(i) In general \nFor purposes of subparagraph (A)(i), it shall not be considered good faith for a provider of an interactive computer service to block, censor, or screen material on the grounds of race, color, religion, sex, national origin, or political affiliation or speech. (ii) Exception \nClause (i) shall not apply to a provider of an interactive computer service that operates services dedicated to a specific set of issues, policies, beliefs, or viewpoints..", "id": "idCE66DB339BAB4ACF9C0AF2218250F560", "header": "Protection for Good Samaritan blocking and screening of offensive material" } ]
5
1. Short title This Act may be cited as the Preserving Political Speech Online Act. 2. Fairness in political advertising (a) In general Not later than 120 days after the date of enactment of this section, the Commission shall initiate a rulemaking proceeding in accordance with section 553 of title 5, United States Code, to require any online platform or third party advertiser that displays, hosts, or otherwise allows the advertisement of a legally qualified candidate in an election for Federal office to abide by the following rules of fair access and equal opportunity: (1) Any online platform or third party advertiser who permits a legally qualified candidate in an election for Federal office to display or otherwise post an advertisement on such online platform or through such third party advertiser shall afford equal advertisement opportunities to any other legally qualified candidate for such office in such election. (2) Any online platform or third party advertiser shall charge comparable rates to each legally qualified candidate for any advertising service described in paragraph (1). (3) Any online platform or third party advertiser shall have no power of censorship over the content of any advertisement described in this subsection. (b) Transparency requirement An online platform shall maintain, and make available online for public inspection in a machine readable format, a complete record of any purchase of an advertising service by a legally qualified candidate on such online platform within 24 hours of such purchase. (c) Enforcement by the Commission (1) Unfair or deceptive acts or practices A violation of subsection (a) or (b) or a rule promulgated thereunder shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission (A) In general The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates subsection (a) or (b) or a rule promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (d) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Election The term election has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ). (3) Federal office The term Federal office has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ). (4) Legally qualified candidate The term legally qualified candidate has the meaning given that term for purposes of section 315 of the Communications Act of 1934 ( 47 U.S.C. 315 ). (5) Online platform The term online platform means any public-facing website, web application, or digital application, including a social network, video streaming service, advertisement network, or search engine. (6) Third party advertiser The term third party advertiser means any advertisement agency, company, or website developer that distributes or serves advertisements on an affiliated or unaffiliated online platform. 3. Application of Federal Communications Commission equal opportunity requirements to additional licensees Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended by adding at the end the following: 344. Application of equal opportunity principles to licensees that serve political advertising through other means Not later than 180 days after the date of enactment of this section, the Commission shall initiate a rulemaking to apply the principles of equal opportunity under sections 312(a)(7) and 315 to any licensee that— (1) displays, hosts, or otherwise allows the advertisement of a legally qualified candidate for any public office; and (2) is not already subject to those principles under this Act or under a regulation promulgated by the Commission.. 344. Application of equal opportunity principles to licensees that serve political advertising through other means Not later than 180 days after the date of enactment of this section, the Commission shall initiate a rulemaking to apply the principles of equal opportunity under sections 312(a)(7) and 315 to any licensee that— (1) displays, hosts, or otherwise allows the advertisement of a legally qualified candidate for any public office; and (2) is not already subject to those principles under this Act or under a regulation promulgated by the Commission. 4. Protection for Good Samaritan blocking and screening of offensive material Section 230(c)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(c)(2) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (2) in clause (i), as so redesignated— (A) by striking filthy, ; and (B) by striking harassing, or otherwise objectionable, whether or not such material is constitutionally protected and inserting harassing or threatening, or promoting illegal activity ; (3) in clause (ii), as so redesignated, by striking paragraph (1) and inserting clause (i) ; (4) in the matter preceding clause (i), as so redesignated, by striking No provider or user and inserting the following: (A) In general No provider or user ; and (5) by adding at the end the following: (B) Prohibition of bad faith blocking and screening (i) In general For purposes of subparagraph (A)(i), it shall not be considered good faith for a provider of an interactive computer service to block, censor, or screen material on the grounds of race, color, religion, sex, national origin, or political affiliation or speech. (ii) Exception Clause (i) shall not apply to a provider of an interactive computer service that operates services dedicated to a specific set of issues, policies, beliefs, or viewpoints..
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To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the National Defense Authorization Act for Fiscal Year 2022.", "id": "HB43817EC02404972ABDAECBFBC31E992", "header": "Short title" }, { "text": "2. Organization of Act into divisions; table of contents \n(a) Divisions \nThis Act is organized into six divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (5) Division E—Department of State Authorization (6) Division F—Other Non-Department of Defense Matters. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. Sec. 5. Explanatory statement. Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS Title I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. Modification of deployment by the Army of interim cruise missile defense capability. Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters. Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters. Sec. 114. Continuation of Soldier Enhancement Program. Sec. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System. Sec. 116. Strategy and authority for the procurement of components for the next generation squad weapon. Subtitle C—Navy Programs Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Extension of report on Littoral Combat Ship mission packages. Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers. Sec. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers. Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings. Sec. 127. Report on material readiness of Virginia class submarines of the Navy. Subtitle D—Air Force Programs Sec. 131. Extension of inventory requirement for Air Force fighter aircraft. Sec. 132. Contract for logistics support for VC–25B aircraft. Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft. Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program. Sec. 136. Limitation on availability of funds pending information on bridge tanker aircraft. Sec. 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft. Sec. 138. Minimum inventory of tactical airlift aircraft. Sec. 139. Report relating to reduction of total number of tactical airlift aircraft. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program. Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy. Sec. 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities. Sec. 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program. Sec. 145. Analysis of certain radar investment options. Sec. 146. Review and briefing on fielded major weapon systems. Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats. Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Codification of National Defense Science and Technology Strategy. Sec. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders. Sec. 213. Duties and regional activities of the Defense Innovation Unit. Sec. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research. Sec. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories. Sec. 216. Improvements relating to steering committee on emerging technology and national security threats. Sec. 217. Improvements relating to national network for microelectronics research and development. Sec. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. Sec. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense. Sec. 220. Defense research and engineering activities at minority institutions. Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels. Sec. 222. Consortium to study irregular warfare. Sec. 223. Development and implementation of digital technologies for survivability and lethality testing. Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft. Sec. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base. Sec. 226. Review of artificial intelligence applications and establishment of performance metrics. Sec. 227. Modification of the joint common foundation program. Sec. 228. Executive education on emerging technologies for senior civilian and military leaders. Sec. 229. Activities to accelerate development and deployment of dual-use quantum technologies. Sec. 230. National Guard participation in microreactor testing and evaluation. Sec. 231. Pilot program on the use of private sector partnerships to promote technology transition. Sec. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense. Sec. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations. Sec. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis. Sec. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity. Sec. 236. Limitation on availability of funds for certain C–130 aircraft. Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation. Sec. 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System. Subtitle C—Plans, Reports, and Other Matters Sec. 241. Modification to annual report of the Director of Operational Test and Evaluation. Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft. Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft. Sec. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory. Sec. 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories. Sec. 246. Report on autonomy integration in major weapon systems. Sec. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense. Title III—Operation and Maintenance Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents. Sec. 312. Energy efficiency targets for Department of Defense data centers. Sec. 313. Grants for maintaining or improving military installation resilience. Sec. 314. Maintenance of current analytical tools in evaluating energy resilience measures. Sec. 315. Authority to transfer amounts derived from energy cost savings. Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States. Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience. Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i. Sec. 319. Energy, water, and waste net-zero requirement for major military installations. Sec. 320. Demonstration program on domestic production of rare earth elements from coal byproducts. Sec. 321. Long-duration demonstration initiative and joint program. Sec. 322. Pilot program to test new software to track emissions at certain military installations. Sec. 323. Department of Defense plan to reduce greenhouse gas emissions. Subtitle C—National Security Climate Resilience Sec. 331. Definitions. Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense. Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base. Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense. Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam. Sec. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam. Sec. 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances. Sec. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam. Sec. 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances. Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations. Subtitle E—Logistics and Sustainment Sec. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand. Sec. 352. Global bulk fuel management and delivery. Sec. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation. Sec. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations. Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy. Sec. 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs. Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts. Subtitle F—Reports Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports. Sec. 362. Annual report on material readiness of Navy ships. Sec. 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons. Sec. 364. Strategy and annual report on critical language proficiency of special operations forces. Subtitle G—Other Matters Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters. Sec. 372. Establishment of Joint Safety Council. Sec. 373. Improvements and clarifications related to military working dogs. Sec. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative. Sec. 375. Authority to maintain access to category 3 subterranean training facility. Sec. 376. Accident Investigation Review Board. Sec. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents. Sec. 378. Requirements relating to emissions control tactics, techniques, and procedures. Sec. 379. Management of fatigue among crew of naval surface ships and related improvements. Sec. 380. Authority for activities to improve next generation radar systems capabilities. Sec. 381. Pilot program on military working dog and explosives detection canine health and excellence. Sec. 382. Department of Defense response to military lazing incidents. Title IV—Military Personnel Authorizations Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Sec. 403. Additional authority to vary Space Force end strength. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. Title V—Military Personnel Policy Subtitle A— Officer Personnel Policy Sec. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements. Sec. 502. Time in grade requirements. Sec. 503. Authority to vary number of Space Force officers considered for promotion to major general. Sec. 504. Seaman to Admiral-21 program: credit towards retirement. Sec. 505. Independent assessment of retention of female surface warfare officers. Sec. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). Subtitle B—Reserve Component Management Sec. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences. Sec. 512. Prohibition on private funding for interstate deployment of National Guard. Sec. 513. Access to Tour of Duty system. Sec. 514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard. Sec. 515. Continued National Guard support for FireGuard program. Sec. 516. Enhancement of National Guard Youth Challenge Program. Sec. 517. Report on methods to enhance support from the reserve components in response to catastrophic incidents. Sec. 518. Study on reapportionment of National Guard force structure based on domestic responses. Sec. 519. Briefing on Junior Reserve Officers’ Training Corps program. Subtitle C—General Service Authorities and Military Records Sec. 521. Reduction in service commitment required for participation in career intermission program of a military department. Sec. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments. Sec. 523. Notice program relating to options for naturalization. Sec. 524. Appeals to Physical Evaluation Board determinations of fitness for duty. Sec. 525. Command oversight of military privatized housing as element of performance evaluations. Sec. 526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States. Sec. 527. Enhancements to national mobilization exercises. Sec. 528. Temporary exemption from end strength grade restrictions for the Space Force. Sec. 529. Report on exemptions and deferments for a possible military draft. Sec. 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service. Sec. 529B. Study and report on administrative separation boards. Subtitle D—Military Justice Reform Part 1—Special Trial Counsel Sec. 531. Special trial counsel. Sec. 532. Policies with respect to special trial counsel. Sec. 533. Definition of military magistrate, covered offense, and special trial counsel. Sec. 534. Clarification relating to who may convene courts-martial. Sec. 535. Detail of trial counsel. Sec. 536. Preliminary hearing. Sec. 537. Advice to convening authority before referral for trial. Sec. 538. Former jeopardy. Sec. 539. Plea agreements. Sec. 539A. Determinations of impracticability of rehearing. Sec. 539B. Applicability to the United States Coast Guard. Sec. 539C. Effective date. Part 2—Sexual Harassment; Sentencing Reform Sec. 539D. Inclusion of sexual harassment as general punitive article. Sec. 539E. Sentencing reform. Part 3—Reports and other matters Sec. 539F. Briefing and report on resourcing required for implementation. Sec. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military. Subtitle E—Other Military Justice and Legal Matters Sec. 541. Rights of the victim of an offense under the Uniform Code of Military Justice. Sec. 542. Conduct unbecoming an officer. Sec. 543. Independent investigation of complaints of sexual harassment. Sec. 544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons. Sec. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial. Sec. 546. Civilian positions to support Special Victims’ Counsel. Sec. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law. Sec. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown. Sec. 549. Activities to improve family violence prevention and response. Sec. 549A. Annual primary prevention research agenda. Sec. 549B. Primary prevention workforce. Sec. 549C. Reform and improvement of military criminal investigative organizations. Sec. 549D. Military defense counsel. Sec. 549E. Full functionality of Military Justice Review Panel. Sec. 549F. Military service independent racial disparity review. Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system. Sec. 549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims. Sec. 549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces. Sec. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty. Sec. 549K. Amendments to additional Deputy Inspector General of the Department of Defense. Sec. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces. Sec. 549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism. Sec. 549N. Combating foreign malign influence. Subtitle F—Member Education, Training, and Transition Sec. 551. Troops-to-Teachers Program. Sec. 552. Codification of human relations training for certain members of the Armed Forces. Sec. 553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress. Sec. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired. Sec. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely. Sec. 556. Defense Language Institute Foreign Language Center. Sec. 557. United States Naval Community College. Sec. 558. Codification of establishment of United States Air Force Institute of Technology. Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits. Sec. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen. Sec. 559B. Defense language continuing education program. Sec. 559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system. Sec. 559D. Professional military education: report; definition. Sec. 559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors. Sec. 559F. Report on status of Army Tuition Assistance Program Army IgnitED program. Sec. 559G. Briefing on cadets and midshipmen with speech disorders. Subtitle G—Military Family Readiness and Dependents’ Education Sec. 561. Expansion of support programs for special operations forces personnel and immediate family members. Sec. 562. Improvements to the Exceptional Family Member Program. Sec. 563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 564. Pilot program to establish employment fellowship opportunities for military spouses. Sec. 565. Policy regarding remote military installations. Sec. 566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources. Sec. 567. Study on employment of military spouses. Sec. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families. Sec. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs. Sec. 569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program. Sec. 569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report. Subtitle H—Diversity and Inclusion Sec. 571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces. Sec. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino. Sec. 573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting. Sec. 574. Extension of deadline for GAO report on equal opportunity at the military service academies. Subtitle I—Decorations and Awards, Miscellaneous Reports, and Other Matters Sec. 581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test. Sec. 582. Authorizations for certain awards. Sec. 583. Establishment of the Atomic Veterans Commemorative Service Medal. Sec. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery. Sec. 585. Reports on security force personnel performing protection level one duties. Sec. 586. GAO study on tattoo policies of the Armed Forces. Sec. 587. Briefing regarding best practices for community engagement in Hawaii. Title VI—Compensation and Other Personnel Benefits Subtitle A—Pay and Allowances Sec. 601. Basic needs allowance for members on active service in the Armed Forces. Sec. 602. Equal incentive pay for members of the reserve components of the Armed Forces. Sec. 603. Expansions of certain travel and transportation authorities. Sec. 604. Repeal of expiring travel and transportation authorities. Sec. 605. Requirements in connection with suspension of retired pay and retirement annuities. Sec. 606. Report on relationship between basic allowance for housing and sizes of military families. Sec. 607. Report on certain moving expenses for members of the Armed Forces. Sec. 608. Report on temporary lodging expenses in competitive housing markets. Sec. 609. Report on rental partnership programs. Subtitle B—Bonus and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C—Family and Survivor Benefits Sec. 621. Extension of paid parental leave. Sec. 622. Bereavement leave for members of the Armed Forces. Sec. 623. Travel and transportation allowances for family members to attend the funeral and memorial services of members. Sec. 624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care. Sec. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States. Sec. 626. Casualty assistance program: reform; establishment of working group. Subtitle D—Defense Resale Matters Sec. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores. Subtitle E—Miscellaneous Rights and Benefits Sec. 641. Alexander Lofgren Veterans in Parks program. Title VII—Health Care Provisions Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Eating disorders treatment for certain members of the Armed Forces and dependents. Sec. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program. Sec. 703. Revisions to TRICARE provider networks. Sec. 704. Self-initiated referral process for mental health evaluations of members of the Armed Forces. Sec. 705. Modifications to pilot program on health care assistance system. Sec. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program. Sec. 707. Improvement of postpartum care for members of the Armed Forces and dependents. Subtitle B—Health Care Administration Sec. 711. Modification of certain Defense Health Agency organization requirements. Sec. 712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development. Sec. 713. Authorization of program to prevent fraud and abuse in the military health system. Sec. 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities. Sec. 715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 716. Establishment of Department of Defense system to track and record information on vaccine administration. Sec. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components. Sec. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees. Sec. 719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs. Sec. 720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines. Sec. 721. Establishment of centers of excellence for enhanced treatment of ocular injuries. Sec. 722. Implementation of integrated product for management of population health across military health system. Sec. 723. Digital health strategy of Department of Defense. Sec. 724. Development and update of certain policies relating to military health system and integrated medical operations. Sec. 725. Mandatory training on health effects of burn pits. Sec. 726. Standardization of definitions used by the Department of Defense for terms related to suicide. Subtitle C—Reports and Other Matters Sec. 731. Modifications and reports related to military medical manning and medical billets. Sec. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions. Sec. 733. Pilot program on cardiac screening at certain military service academies. Sec. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities. Sec. 735. Prohibition on availability of funds for certain research connected to China. Sec. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine. Sec. 737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program. Sec. 738. Independent review of suicide prevention and response at military installations. Sec. 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam. Sec. 740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty. Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record program. Sec. 742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system. Sec. 743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office. Sec. 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes. Sec. 745. Briefing on substance abuse in the Armed Forces. Title VIII—Acquisition Policy, Acquisition Management, and Related Matters Subtitle A—Acquisition Policy and Management Sec. 801. Acquisition workforce educational partnerships. Sec. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations. Sec. 803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures. Sec. 804. Modifications to contracts subject to cost or pricing data certification. Sec. 805. Two-year extension of Selected Acquisition Report requirement. Sec. 806. Annual report on highest and lowest performing acquisition programs of the Department of Defense. Sec. 807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services. Sec. 808. Briefing on transparency for certain domestic procurement waivers. Sec. 809. Report on violations of certain domestic preference laws. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 811. Certain multiyear contracts for acquisition of property: budget justification materials. Sec. 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures. Sec. 813. Office of Corrosion Policy and Oversight employee training requirements. Sec. 814. Modified condition for prompt contract payment eligibility. Sec. 815. Modification to procurement of services: data analysis and requirements validation. Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels. Sec. 817. Repeal of preference for fixed-price contracts. Subtitle C—Provisions Relating to Other Transaction Authority Sec. 821. Modification of other transaction authority for research projects. Sec. 822. Modification of prize authority for advanced technology achievements. Sec. 823. Pilot program on systems engineering determinations. Sec. 824. Recommendations on the use of other transaction authority. Sec. 825. Reporting requirement for certain defense acquisition activities. Subtitle D—Provisions Relating to Software and Technology Sec. 831. Technology protection features activities. Sec. 832. Modification of enhanced transfer of technology developed at Department of Defense laboratories. Sec. 833. Pilot program on acquisition practices for emerging technologies. Sec. 834. Pilot program to accelerate the procurement and fielding of innovative technologies. Sec. 835. Independent study on technical debt in software-intensive systems. Sec. 836. Cadre of software development and acquisition experts. Subtitle E—Provisions Relating to Supply Chain Security Sec. 841. Modernization of acquisition processes to ensure integrity of industrial base. Sec. 842. Modification to analyses of certain activities for action to address sourcing and industrial capacity. Sec. 843. Assuring integrity of overseas fuel supplies. Sec. 844. Assessment of requirements for certain items to address supply chain vulnerabilities. Sec. 845. Department of Defense research and development priorities. Sec. 846. Report on the Manufacturing Engineering Education Program. Sec. 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries. Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region. Subtitle F—Industrial Base Matters Sec. 851. Modifications to printed circuit board acquisition restrictions. Sec. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries. Sec. 853. Additional testing of commercial e-commerce portal models. Sec. 854. Requirement for industry days and requests for information to be open to allied defense contractors. Sec. 855. Employment transparency regarding individuals who perform work in the People’s Republic of China. Sec. 856. Briefing on compliance with contractor lobbying restrictions. Sec. 857. Congressional oversight of personnel and contracts of private security contractors. Subtitle G—Small Business Matters Sec. 861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold. Sec. 862. Modification to the pilot program for streamlining awards for innovative technology projects. Sec. 863. Protests and appeals relating to eligibility of business concerns. Sec. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns. Sec. 865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program. Sec. 866. Report on Cybersecurity Maturity Model Certification effects on small business. Sec. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards. Subtitle H—Other Matters Sec. 871. Mission management pilot program. Sec. 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps. Sec. 873. Independent study on acquisition practices and policies. Sec. 874. Pilot program to incentivize contracting with employee-owned businesses. Sec. 875. Guidance, training, and report on place of performance contract requirements. Sec. 876. Notification of certain intergovernmental support agreements. Sec. 877. Report on requests for equitable adjustment in Department of the Navy. Sec. 878. Military standards for armor materials in vehicle specifications. Title IX—Department of Defense Organization and Management Sec. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions. Sec. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity. Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. Sec. 904. Implementation of repeal of Chief Management Officer of the Department of Defense. Sec. 905. Space Force organizational matters and modification of certain space-related acquisition authorities. Sec. 906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program. Sec. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy. Sec. 908. Management innovation activities. Sec. 909. Digital talent recruiting officer. Sec. 910. Cross-functional team for emerging threat relating to anomalous health incidents. Sec. 911. Alignment of Close Combat Lethality Task Force. Sec. 912. Independent review of and report on the Unified Command Plan. Sec. 913. Study and report on the role and organization of space assets in the reserve components. Title X—General Provisions Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund. Sec. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process. Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform. Subtitle B—Counterdrug Activities Sec. 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. Sec. 1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Subtitle C—Naval Vessels and Shipyards Sec. 1011. Modification to annual naval vessel construction plan. Sec. 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair. Sec. 1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program. Sec. 1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life. Sec. 1015. Biennial report on shipbuilder training and the defense industrial base. Sec. 1016. Annual report on ship maintenance. Sec. 1017. Navy battle force ship assessment and requirement reporting. Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats. Sec. 1019. Availability of funds for retirement or inactivation of guided missile cruisers. Sec. 1020. Review of sustainment key performance parameters for shipbuilding programs. Sec. 1021. Assessment of security of global maritime chokepoints. Sec. 1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations. Subtitle D—Counterterrorism Sec. 1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense. Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Congressional oversight of alternative compensatory control measures. Sec. 1042. Modification of notification requirements for sensitive military operations. Sec. 1043. Authority to provide space and services to military welfare societies. Sec. 1044. Congressional notification of significant Army force structure changes. Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus. Sec. 1046. Comparative testing reports for certain aircraft. Sec. 1047. Special operations forces joint operating concept for competition and conflict. Sec. 1048. Limitation on availability of certain funding for operation and maintenance. Sec. 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment. Sec. 1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings. Sec. 1051. Survey on relations between members of the Armed Forces and military communities. Sec. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements. Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern. Subtitle F—Studies and Reports Sec. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review. Sec. 1062. Public availability of semi-annual summaries of reports. Sec. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense. Sec. 1064. Continuation of certain Department of Defense reporting requirements. Sec. 1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires. Sec. 1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan. Sec. 1067. Biennial assessments of Air Force Test Center. Sec. 1068. Report on 2019 World Military Games. Sec. 1069. Reports on oversight of Afghanistan. Sec. 1070. Study and report on Department of Defense excess personal property program. Sec. 1071. Optimization of Irregular Warfare Technical Support Directorate. Sec. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data. Sec. 1073. Required review of Department of Defense unmanned aircraft systems categorization. Sec. 1074. Annual report and briefing on Global Force Management Allocation Plan. Sec. 1075. Report on World War I and Korean War era Superfund facilities. Sec. 1076. Report on implementation of irregular warfare strategy. Sec. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service. Sec. 1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment. Subtitle G—Other Matters Sec. 1081. Technical, conforming, and clerical amendments. Sec. 1082. Modification to Regional Centers for Security Studies. Sec. 1083. Improvement of transparency and congressional oversight of civil reserve air fleet. Sec. 1084. Observance of National Atomic Veterans Day. Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations. Sec. 1086. National Museum of the Surface Navy. Sec. 1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport. Sec. 1088. Treatment of operational data from Afghanistan. Sec. 1089. Responsibilities for national mobilization; personnel requirements. Sec. 1090. Independent assessment with respect to Arctic region. Sec. 1091. National Security Commission on Emerging Biotechnology. Sec. 1092. Quarterly security briefings on Afghanistan. Sec. 1093. Transition of funding for non-conventional assisted recovery capabilities. Sec. 1094. Afghanistan War Commission Act of 2021. Sec. 1095. Commission on the National Defense Strategy. Title XI—Civilian Personnel Matters Sec. 1101. Amendment to diversity and inclusion reporting. Sec. 1102. Civilian personnel management. Sec. 1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense. Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies. Sec. 1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense. Sec. 1106. Repeal of 2-year probationary period. Sec. 1107. Modification of DARPA personnel management authority to attract science and engineering experts. Sec. 1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels. Sec. 1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia. Sec. 1110. Treatment of hours worked under a qualified trade-of-time arrangement. Sec. 1111. Parental bereavement leave. Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel. Sec. 1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1115. Assessment of Accelerated Promotion Program suspension. Sec. 1116. Increase in allowance based on duty at remote worksites. Sec. 1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. Sec. 1118. Occupational series for digital career fields. Title XII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel. Sec. 1202. Authority for certain reimbursable interchange of supplies and services. Sec. 1203. Extension of support of special operations for irregular warfare. Sec. 1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces. Sec. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security. Sec. 1206. Security cooperation strategy for certain combatant commands. Sec. 1207. Report on security cooperation programs. Subtitle B—Matters relating to Afghanistan and Pakistan Sec. 1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan. Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban. Sec. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan. Sec. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces. Sec. 1216. Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information. Sec. 1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan. Subtitle C—Matters relating to Syria, Iraq, and Iran Sec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1222. Defense and diplomatic strategy for Syria. Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1225. Prohibition on transfers to Badr Organization. Sec. 1226. Prohibition on transfers to Iran. Sec. 1227. Report on the military capabilities of Iran and related activities. Sec. 1228. Sense of Congress on enrichment of uranium by Iran. Subtitle D—Matters relating to Russia Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation. Sec. 1232. Extension of Ukraine Security Assistance Initiative. Sec. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises. Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member. Subtitle E—Matters relating to the Indo-Pacific Region Sec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative. Sec. 1242. Extension and modification of Pacific Deterrence Initiative. Sec. 1243. Modification of annual report on military and security developments involving the People's Republic of China. Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action. Sec. 1246. Sense of Congress on Taiwan defense relations. Sec. 1247. Statement of policy on Taiwan. Sec. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support. Sec. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan. Sec. 1250. Feasibility report on establishing military-to-military crisis communications capabilities. Sec. 1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications. Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region. Title XIII—Other matters relating to foreign nations Subtitle A—Matters relating to Europe and NATO Sec. 1301. Sense of Congress on North Atlantic Treaty Organization allies and partners. Sec. 1302. Report on Armenia-Azerbaijan conflict. Sec. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative. Subtitle B—United States-Greece Defense and Interparliamentary Partnership Act of 2021 Sec. 1311. Sense of Congress. Sec. 1312. Funding for the European Recapitalization Incentive Program. Sec. 1313. Sense of Congress on loan program. Sec. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece. Sec. 1315. IMET cooperation with Greece. Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group. Sec. 1317. Appropriate congressional committees. Subtitle C—Security cooperation and assistance Sec. 1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program. Sec. 1322. Foreign Area Officer assessment and review. Sec. 1323. Study on certain security cooperation programs. Sec. 1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome. Subtitle D—Other matters Sec. 1331. Extension and modification of authority for certain payments to redress injury and loss. Sec. 1332. Secretary of Defense Strategic Competition Initiative. Sec. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017. Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors. Sec. 1336. Security assistance in Northern Triangle countries. Sec. 1337. Report on human rights in Colombia. Sec. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean. Sec. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1340. Statement of policy and report on Yemen. Sec. 1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises. Title XIV—Other Authorizations Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B—Other Matters Sec. 1411. Acquisition of strategic and critical materials from the national technology and industrial base. Sec. 1412. Authorization to loan materials in National Defense Stockpile. Sec. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home. Title XV—Cyberspace-related Matters Subtitle A—Matters Related to Cyber Operations and Cyber Forces Sec. 1501. Development of taxonomy of cyber capabilities. Sec. 1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard. Sec. 1503. Modification of the Principal Cyber Advisor. Sec. 1504. Evaluation of Department of Defense cyber governance. Sec. 1505. Operational technology and mission-relevant terrain in cyberspace. Sec. 1506. Matters concerning cyber personnel requirements. Sec. 1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command. Sec. 1508. Coordination between United States Cyber Command and private sector. Sec. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities. Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure. Sec. 1511. Comparative analysis of cybersecurity capabilities. Sec. 1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services. Sec. 1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure. Subtitle B—Matters Related to Department of Defense Cybersecurity and Information Technology Sec. 1521. Enterprise-wide procurement of cyber data products and services. Sec. 1522. Legacy information technologies and systems accountability. Sec. 1523. Update relating to responsibilities of Chief Information Officer. Sec. 1524. Protective Domain Name System within the Department of Defense. Sec. 1525. Cybersecurity of weapon systems. Sec. 1526. Assessment of controlled unclassified information program. Sec. 1527. Cyber data management. Sec. 1528. Zero trust strategy, principles, model architecture, and implementation plans. Sec. 1529. Demonstration program for automated security validation tools. Sec. 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters. Sec. 1531. Digital development infrastructure plan and working group. Sec. 1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department. Sec. 1533. Report on the Cybersecurity Maturity Model Certification program. Sec. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system. Subtitle C—Matters Related to Federal Cybersecurity Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems. Sec. 1542. Cybersecurity vulnerabilities. Sec. 1543. Report on cybersecurity vulnerabilities. Sec. 1544. Competition relating to cybersecurity vulnerabilities. Sec. 1545. Strategy. Sec. 1546. Cyber incident response plan. Sec. 1547. National cyber exercise program. Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency. Sec. 1549. Strategic assessment relating to innovation of information systems and cybersecurity threats. Sec. 1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations. Sec. 1551. United States-Israel cybersecurity cooperation. Sec. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis. Title XVI—Space Activities, Strategic Programs, and Intelligence Matters Subtitle A—Space Activities Sec. 1601. National security space launch program. Sec. 1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration. Sec. 1603. Delegation of Authorities to Space Development Agency. Sec. 1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise. Sec. 1605. Improvements to tactically responsive space launch program. Sec. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing. Sec. 1607. Programs of record of Space Force and commercial capabilities. Sec. 1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force. Sec. 1609. Classification review of programs of the Space Force. Sec. 1610. Report on Range of the Future initiative of the Space Force. Sec. 1611. Space policy review. Sec. 1612. Annual briefing on threats to space operations. Sec. 1613. National Security Council briefing on potential harmful interference to Global Positioning System. Sec. 1614. Non-geostationary orbit satellite constellations. Sec. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development. Subtitle B—Defense Intelligence and Intelligence-Related Activities Sec. 1621. Notification of certain threats to United States Armed Forces by foreign governments. Sec. 1622. Strategy and plan to implement certain defense intelligence reforms. Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense. Sec. 1624. Report on explosive ordnance intelligence matters. Subtitle C—Nuclear Forces Sec. 1631. Participation in United States Strategic Command strategic deterrence exercises. Sec. 1632. Modification to requirements relating to nuclear force reductions. Sec. 1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States. Sec. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems. Sec. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe. Sec. 1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device. Sec. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon. Sec. 1638. Mission-design series popular name for ground-based strategic deterrent. Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile. Sec. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile. Sec. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles. Sec. 1643. Revised nuclear posture review. Sec. 1644. Review of safety, security, and reliability of nuclear weapons and related systems. Sec. 1645. Long-range standoff weapon. Sec. 1646. Ground-based strategic deterrent development program accountability matrices. Sec. 1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force. Sec. 1648. Notification regarding intercontinental ballistic missiles of China. Sec. 1649. Independent review of nuclear command, control, and communications system. Sec. 1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program. Sec. 1651. Report on re-alerting long-range bombers. Sec. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements. Sec. 1653. Briefing on consultations with United States allies regarding Nuclear Posture Review. Subtitle D—Missile Defense Programs Sec. 1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency. Sec. 1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites. Sec. 1663. Extension of period for transition of ballistic missile defense programs to military departments. Sec. 1664. Directed energy programs for ballistic and hypersonic missile defense. Sec. 1665. Guam integrated air and missile defense system. Sec. 1666. Missile defense radar in Hawaii. Sec. 1667. Certification required for Russia and China to tour certain missile defense sites. Sec. 1668. Next generation interceptors for missile defense of the United States homeland. Sec. 1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1670. Update of study on discrimination capabilities of the ballistic missile defense system. Sec. 1671. Semiannual updates on meetings held by the Missile Defense Executive Board. Sec. 1672. Matters regarding Integrated Deterrence Review. Sec. 1673. Semiannual notifications regarding missile defense tests and costs. Sec. 1674. Report on senior leadership of Missile Defense Agency. Sec. 1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense. Subtitle E—Other matters Sec. 1681. Cooperative threat reduction funds. Sec. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48. Sec. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena. Sec. 1684. Determination on certain activities with unusually hazardous risks. Sec. 1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands. Sec. 1686. Protection of Major Range and Test Facility Base. Sec. 1687. Congressional Commission on the Strategic Posture of the United States. Title XVII—Technical Amendments Related to the Transfer and Reorganization of Defense Acquisition Statutes Sec. 1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA. Sec. 1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes. Division B—Military Construction Authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries. Title XXI—Army Military Construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project. Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas. Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project. Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project. Title XXII—Navy Military Construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Title XXIII—Air Force Military Construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects. Sec. 2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida. Title XXIV—Defense Agencies Military Construction Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects. Title XXV—International Programs Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. Sec. 2512. Republic of Poland funded construction projects. Title XXVI—Guard and Reserve Forces Facilities Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Title XXVII—Base Realignment and Closure Activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado. Title XXVIII—Military Construction General Provisions Subtitle A—Military Construction Program Changes Sec. 2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects. Sec. 2802. Limitations on authorized cost and scope of work variations. Sec. 2803. Department of Defense stormwater management projects for military installations and defense access roads. Sec. 2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation. Sec. 2805. Flood risk management for military construction. Sec. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States. Subtitle B—Continuation of Military Housing Reforms Sec. 2811. Modification of calculation of military housing contractor pay for privatized military housing. Sec. 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled. Sec. 2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent. Sec. 2814. Required investments in improving military unaccompanied housing. Sec. 2815. Improvement of security of lodging and living spaces on military installations. Sec. 2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel. Subtitle C—Real Property and Facilities Administration Sec. 2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy. Sec. 2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations. Subtitle D—Military Facilities Master Plan Requirements Sec. 2831. Cooperation with State and local governments in development of master plans for major military installations. Sec. 2832. Additional changes to requirements regarding master plans for major military installations. Sec. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations. Sec. 2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements. Subtitle E—Matters Related to Unified Facilities Criteria and Military Construction Planning and Design Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects. Sec. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems. Sec. 2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations. Sec. 2844. Additional Department of Defense activities to improve energy resiliency of military installations. Subtitle F—Land Conveyances Sec. 2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California. Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts. Sec. 2853. Land conveyance, Saint Joseph, Missouri. Sec. 2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri. Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina. Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia. Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia. Subtitle G—Authorized Pilot Programs Sec. 2861. Pilot program on increased use of sustainable building materials in military construction. Sec. 2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force. Subtitle H—Asia-Pacific and Indo-Pacific Issues Sec. 2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific. Sec. 2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i. Sec. 2873. Hawai‘i Military Land Use Master Plan. Subtitle I—One-Time Reports and Other Matters Sec. 2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities. Sec. 2882. GAO review and report of military construction contracting at military installations inside the United States. Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111. Plutonium pit production capacity. Sec. 3112. Improvements to cost estimates informing analyses of alternatives. Sec. 3113. University-based defense nuclear policy collaboration program. Sec. 3114. Defense environmental cleanup programs. Sec. 3115. Modification of requirements for certain construction projects. Sec. 3116. Updates to infrastructure modernization initiative. Sec. 3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3119. Extension of enhanced procurement authority to manage supply chain risk. Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads. Sec. 3121. Portfolio management framework for National Nuclear Security Administration. Subtitle C—Reports and other matters Sec. 3131. Modifications to certain reporting requirements. Sec. 3132. Modification to terminology for reports on financial balances for atomic energy defense activities. Sec. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile. Sec. 3134. Report on plant-directed research and development. Sec. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials. Sec. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio. Sec. 3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities. Sec. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration. Sec. 3139. Study on the W80–4 nuclear warhead life extension program. Sec. 3140. Study on Runit Dome and related hazards. Sec. 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing. Title XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board. Title XXXIV—Naval Petroleum Reserves Sec. 3401. Authorization of appropriations. Title XXXV—Maritime Security Subtitle A—Maritime Administration Sec. 3501. Authorization of the Maritime Administration. Subtitle B—Other Matters Sec. 3511. Effective period for issuance of documentation for recreational vessels. Sec. 3512. Committees on maritime matters. Sec. 3513. Port Infrastructure Development Program. Sec. 3514. Uses of emerging marine technologies and practices. Sec. 3515. Prohibition on participation of long term charters in Tanker Security Fleet. Sec. 3516. Coastwise endorsement. Sec. 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing. Sec. 3518. Authorization to purchase duplicate medals. Division D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. Title XLI—PROCUREMENT Sec. 4101. Procurement. Title XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. Title XLIII—OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. Title XLIV—MILITARY PERSONNEL Sec. 4401. Military personnel. Title XLV—OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. Title XLVI—MILITARY CONSTRUCTION Sec. 4601. Military construction. Title XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs. Division E—Department of State Authorization Act of 2021 Sec. 5001. Short title. Sec. 5002. Definitions. Title LI—Organization and Operations of the Department of State Sec. 5101. Sense of Congress on importance of Department of State’s work. Sec. 5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs. Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. Sec. 5104. Office of International Disability Rights. Sec. 5105. Special appointment authority. Sec. 5106. Repeal of authority for Special Representative and Policy Coordinator for Burma. Sec. 5107. Anti-piracy information sharing. Sec. 5108. Importance of foreign affairs training to national security. Sec. 5109. Classification and assignment of Foreign Service officers. Sec. 5110. Reporting on implementation of GAO recommendations. Sec. 5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments. Sec. 5112. Art in embassies. Sec. 5113. International fairs and expositions. Sec. 5114. Amendment or repeal of reporting requirements. Title LII—Embassy Construction Sec. 5201. Embassy security, construction, and maintenance. Sec. 5202. Standard design in capital construction. Sec. 5203. Capital construction transparency. Sec. 5204. Contractor performance information. Sec. 5205. Growth projections for new embassies and consulates. Sec. 5206. Long-range planning process. Sec. 5207. Value engineering and risk assessment. Sec. 5208. Business volume. Sec. 5209. Embassy security requests and deficiencies. Sec. 5210. Overseas security briefings. Sec. 5211. Contracting methods in capital construction. Sec. 5212. Competition in embassy construction. Sec. 5213. Statement of policy. Sec. 5214. Definitions. Title LIII—Personnel Issues Sec. 5301. Defense Base Act insurance waivers. Sec. 5302. Study on Foreign Service allowances. Sec. 5303. Science and technology fellowships. Sec. 5304. Travel for separated families. Sec. 5305. Home leave travel for separated families. Sec. 5306. Sense of Congress regarding certain fellowship programs. Sec. 5307. Technical correction. Sec. 5308. Foreign Service awards. Sec. 5309. Workforce actions. Sec. 5310. Sense of Congress regarding veterans employment at the Department of State. Sec. 5311. Employee assignment restrictions and preclusions. Sec. 5312. Recall and reemployment of career members. Sec. 5313. Strategic staffing plan for the Department of State. Sec. 5314. Consulting services. Sec. 5315. Incentives for critical posts. Sec. 5316. Extension of authority for certain accountability review boards. Sec. 5317. Foreign Service suspension without pay. Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes. Sec. 5319. Waiver authority for individual occupational requirements of certain positions. Sec. 5320. Appointment of employees to the Global Engagement Center. Sec. 5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission. Sec. 5322. Report relating to Foreign Service Officer training and development. Sec. 5323. Cooperation with Office of the Inspector General. Sec. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act. Sec. 5325. Implementation of gap memorandum in selection board process. Title LIV—A Diverse Workforce: Recruitment, Retention, and Promotion Sec. 5401. Definitions. Sec. 5402. Exit interviews for workforce. Sec. 5403. Recruitment and retention. Sec. 5404. Leadership engagement and accountability. Sec. 5405. Professional development opportunities and tools. Sec. 5406. Examination and oral assessment for the Foreign Service. Sec. 5407. Payne fellowship authorization. Sec. 5408. Voluntary participation. Title LV—Information Security Sec. 5501. Definitions. Sec. 5502. List of certain telecommunications providers. Sec. 5503. Preserving records of electronic communications. Sec. 5504. Foreign Relations of the United States (FRUS) series and declassification. Title LVI—Public Diplomacy Sec. 5601. Short title. Sec. 5602. Avoiding duplication of programs and efforts. Sec. 5603. Improving research and evaluation of public diplomacy. Sec. 5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy. Sec. 5605. Streamlining of support functions. Sec. 5606. Guidance for closure of public diplomacy facilities. Sec. 5607. Definitions. Title LVII—Other Matters Sec. 5701. Limitation on assistance to countries in default. Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment. Sec. 5703. Chief of mission concurrence. Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force. Division F—Other Non-Department of Defense Matters Title LXI—Financial Services Matters Sec. 6101. FinCEN Exchange. Sec. 6102. Adverse information in cases of trafficking. Sec. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts. Sec. 6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank. Sec. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies. Sec. 6106. Illicit finance improvements. Sec. 6107. Briefing on delegation of examination authority under the Bank Secrecy Act. Title LXII—Foreign Service Families Act of 2021 Sec. 6201. Short title. Sec. 6202. Telecommuting opportunities. Sec. 6203. Employment and education programs for eligible family members of members of the Foreign Service. Sec. 6204. Briefing on Foreign Service family reserve corps. Sec. 6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees. Sec. 6206. In-State tuition rates for members of qualifying Federal service. Sec. 6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service. Title LXIII—Barry Goldwater Scholarship and Excellence in Education Modernization Act Sec. 6301. Short title. Sec. 6302. Clarifying amendments to definitions. Sec. 6303. Barry Goldwater Scholarship and Excellence in Education Awards. Sec. 6304. Stipends. Sec. 6305. Scholarship and research internship conditions. Sec. 6306. Sustainable investments of funds. Sec. 6307. Administrative provisions. Title LXIV—Department of Homeland Security Measures Subtitle A—DHS Headquarters, Research and Development, and Related Matters Sec. 6401. Employee engagement steering committee and action plan. Sec. 6402. Annual employee award program. Sec. 6403. Chief Human Capital Officer responsibilities. Sec. 6404. Independent investigation and implementation plan. Sec. 6405. Authorization of the acquisition professional career program. Sec. 6406. National urban security technology laboratory. Sec. 6407. Department of Homeland Security Blue Campaign enhancement. Sec. 6408. Medical countermeasures program. Sec. 6409. Critical domain research and development. Sec. 6410. CBP Donations Acceptance Program Reauthorization. Subtitle B—Transportation Security Sec. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response. Sec. 6412. Transportation Security Preparedness Plan. Sec. 6413. Authorization of Transportation Security Administration personnel details. Sec. 6414. Transportation Security Administration preparedness. Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints. Sec. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs. Sec. 6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs. Sec. 6418. Threat information sharing. Sec. 6419. Local law enforcement security training. Sec. 6420. Allowable uses of funds for public transportation security assistance grants. Sec. 6421. Periods of performance for public transportation security assistance grants. Sec. 6422. GAO review of public transportation security assistance grant program. Sec. 6423. Sensitive security information; aviation security. Title LXV—Other matters relating to foreign affairs Sec. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations. Sec. 6502. Required notification and reports related to Peacekeeping Operations account. Sec. 6503. Transnational Repression Accountability and Prevention. Sec. 6504. Human rights awareness for American athletic delegations. Sec. 6505. Cooperation between the United States and Ukraine regarding the titanium industry. Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing. Sec. 6507. Report on net worth of Syrian President Bashar al-Assad. Sec. 6508. Annual report on United States policy toward South Sudan. Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN. Sec. 6510. Supporting democracy in Burma. Sec. 6511. United States Grand Strategy with respect to China. Title LXVI—Other Matters Sec. 6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries. Sec. 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria. Sec. 6603. Anomalous health incidents interagency coordinator. Sec. 6604. Chief Human Capital Officers Council annual report. Sec. 6605. National Global War on Terrorism Memorial. Sec. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science. Sec. 6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies. Sec. 6608. Catawba Indian Nation lands. Sec. 6609. Property disposition for affordable housing. Sec. 6610. Blocking deadly fentanyl imports.", "id": "H01B31B1C2381433EA9081F0130617E4C", "header": "Organization of Act into divisions; table of contents" }, { "text": "3. Congressional defense committees \nIn this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.", "id": "H43D0BA9823C3438481F52796BCB33E99", "header": "Congressional defense committees" }, { "text": "4. Budgetary effects of this Act \nThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.", "id": "HA8DCAAC57A464F65925B3FC43BF997BB", "header": "Budgetary effects of this Act" }, { "text": "5. Explanatory statement \nThe explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 8, 2021, by the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Committee on Armed Services of the Senate, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference.", "id": "H4103A7F9ADD04F5387BECF8CA1EBF5DF", "header": "Explanatory statement" }, { "text": "101. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2022 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.", "id": "H5CACF1DE3ECD42A290246577FD242458", "header": "Authorization of appropriations" }, { "text": "111. Modification of deployment by the Army of interim cruise missile defense capability \nSection 112(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1660), as amended by section 111(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) in paragraph (1), by striking shall deploy the capability as follows: and all that follows through the period at the end and inserting shall deploy two batteries of the capability by not later than September 30, 2020. ; (2) in paragraph (2)— (A) in the paragraph heading, by striking deadlines and inserting deadline ; (B) in the matter preceding subparagraph (A), by striking deadlines and inserting deadline ; (C) in subparagraph (F), by adding and at the end; (D) by striking subparagraph (G); and (E) by redesignating subparagraph (H) as subparagraph (G); and (3) in paragraph (4), by striking deadlines specified in paragraph (1): and all that follows through the period at the end and inserting deadline specified in paragraph (1) if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadline..", "id": "H9955301F05F04732BF86BD3D40C40FF7", "header": "Modification of deployment by the Army of interim cruise missile defense capability" }, { "text": "112. Multiyear procurement authority for AH–64E Apache helicopters \n(a) Authority for multiyear procurement \nSubject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of AH–64E Apache helicopters. (b) Condition for out-year contract payments \nA contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year.", "id": "H7A089FD3D9EE44E9A796728D97B47405", "header": "Multiyear procurement authority for AH–64E Apache helicopters" }, { "text": "113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters \n(a) Authority for multiyear procurement \nSubject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of UH–60M and HH–60M Black Hawk helicopters. (b) Condition for out-year contract payments \nA contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year.", "id": "H15474852F46749D49205BA2B930CF37B", "header": "Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters" }, { "text": "114. Continuation of Soldier Enhancement Program \n(a) Requirement to continue program \nThe Secretary of the Army, acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology in accordance with subsection (b), shall continue to carry out the Soldier Enhancement Program established pursuant to section 203 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 ( Public Law 101–189 ; 103 Sat. 1394). (b) Responsible official \nThe Secretary of the Army shall designate the Assistant Secretary of the Army for Acquisition, Logistics, and Technology as the official in the Department of the Army with principal responsibility for the management of the Soldier Enhancement Program under subsection (a). (c) Duties \nThe duties of the Soldier Enhancement Program shall include the identification, research, development, test, and evaluation of commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) and software applications to accelerate the efforts of the Army to integrate, modernize, and enhance weapons and equipment for use by Army soldiers, including— (1) lighter, more lethal weapons; and (2) support equipment, including lighter, more comfortable load-bearing equipment, field gear, combat clothing, survivability items, communications equipment, navigational aids, night vision devices, tactical power, sensors, and lasers.", "id": "H90064B9324CF4412A8E24CB7D996BE28", "header": "Continuation of Soldier Enhancement Program" }, { "text": "115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System \n(a) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Army for procurement for the Integrated Visual Augmentation System, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Army submits to the congressional defense committees the report required under subsection (b). (b) Report required \n(1) In general \nNot later than the date specified in paragraph (3), the Secretary of the Army shall submit to the congressional defense committees a report on the Integrated Visual Augmentation System of the Army. (2) Elements \nThe report required by paragraph (1) shall include the following: (A) A certification from the Secretary of the Army that the Integrated Visual Augmentation System is sufficiently reliable to meet operational needs for mean time between failure to support planned operational mission profiles. (B) A certification from the Secretary of the Army that the tactical network is sufficiently suitable and reliable to support the operational employment of the System, including the System’s ability to integrate into command networks. (C) (i) A certification from the Secretary of the Army that the duration of the System’s battery power is suitable and reliable enough to meet planned operational mission requirements. (ii) A plan to ensure the battery management of the System meets such requirements. (D) A plan to enable the System to display position location and identification information for adjacent units, non-System-equipped platforms, and soldiers. (E) A plan, including critical milestones, to achieve certified three-dimensional geospatial data within the System for dynamic and precision targeting. (F) A basis-of-issue plan based on lessons from the developmental and operational testing of the System. (G) A plan for iterative improvements to sensors, software, and form factor throughout production and procurement of the System. (H) Any other matters that the Secretary considers relevant to the full understanding of the status of and plan for the System. (3) Date specified \nThe date specified in this paragraph is a date selected by the Secretary of the Army that is not later than 60 days after the date on which initial operational testing of the Integrated Visual Augmentation System of the Army has been completed. (c) Assessment required \nNot later than 60 days after the date on which the Secretary of the Army submits the report required under subsection (b), the Director of Operational Test and Evaluation shall submit to the congressional defense committees an assessment of the validity, reliability, and objectivity of the report with respect to each element described in subsection (b)(2).", "id": "HE4124C10481E457181D2B2563E44C3A1", "header": "Limitation on availability of funds pending report on the Integrated Visual Augmentation System" }, { "text": "116. Strategy and authority for the procurement of components for the next generation squad weapon \n(a) Strategy required \nThe Secretary of the Army shall develop and implement a competitive procurement strategy to identify, test, qualify, and procure components and accessories for the next generation squad weapon of the Army, including magazines, that are capable of improving the performance of such weapon, with an emphasis on the procurement of— (1) commercially available off-the-shelf items; (2) nondevelopmental items; and (3) components and accessories previously developed by the Army that may be used for such weapon. (b) Market survey \nUpon receipt of the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall initiate a market survey to identify components and accessories for the weapon that meet the criteria described in subsection (a). (c) Authorization \nAfter completing the market survey under subsection (b), the Secretary of the Army may enter into one or more contracts for the procurement of components and accessories for the next generation squad weapon that meet the criteria described in subsection (a). (d) Information to Congress \nNot later than one year after receiving the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall submit to the congressional defense committees a report that includes— (1) the competitive acquisition strategy developed under subsection (a), including timelines for the fielding of components and accessories for such weapon that— (A) are commercially available off-the-shelf items or nondevelopmental items; and (B) are capable of improving the performance of such weapon; (2) an assessment of the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon, including a comparison of— (A) the mean rounds between stoppage and mean rounds between failure of such weapon; and (B) the mean rounds between stoppage and mean rounds between failure of currently fielded weapons; (3) an explanation of whether any items identified in the market survey conducted under subsection (b) demonstrate the ability to increase the mean rounds between stoppage or the mean rounds between failure of the next generation squad weapon; and (4) a plan to increase the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon. (e) Definitions \nIn this section: (1) The term commercially available off-the-shelf items has the meaning given that term in section 104 of title 41, United States Code. (2) The term nondevelopmental items has the meaning given that term in section 110 of title 41, United States Code.", "id": "H3E579D69E46F482499815E3B1D78F0A4", "header": "Strategy and authority for the procurement of components for the next generation squad weapon" }, { "text": "121. Extension of procurement authority for certain amphibious shipbuilding programs \nSection 124(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking fiscal year 2021 and inserting fiscal years 2021 and 2022.", "id": "HAC04FA17EDCB466C93A9D07861FF6254", "header": "Extension of procurement authority for certain amphibious shipbuilding programs" }, { "text": "122. Extension of prohibition on availability of funds for Navy port waterborne security barriers \nSection 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1665), as most recently amended by section 127 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking for fiscal years 2019, 2020, or 2021 and inserting for fiscal years 2019, 2020, 2021, or 2022.", "id": "H85C706E4880447A08116C969D6269F8E", "header": "Extension of prohibition on availability of funds for Navy port waterborne security barriers" }, { "text": "123. Extension of report on Littoral Combat Ship mission packages \nSection 123(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2030) is amended by striking fiscal year 2022 and inserting fiscal year 2027.", "id": "HC6633856C10A40F4AF654C4043DCD14F", "header": "Extension of report on Littoral Combat Ship mission packages" }, { "text": "124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers \n(a) In general \nThe Secretary of the Navy shall ensure that an advanced degaussing system is incorporated into any Arleigh Burke class destroyer procured in fiscal year 2025 or any subsequent fiscal year pursuant to a covered contract. (b) Covered contract defined \nIn this section, the term covered contract means an annual or multiyear contract for the procurement of an Arleigh Burke class destroyer that is entered into by the Secretary of the Navy on or after the date of the enactment of this Act.", "id": "H8D72314D35E246CE8F3546AE336149E4", "header": "Incorporation of advanced degaussing systems into Arleigh Burke class destroyers" }, { "text": "125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers \n(a) In general \nNot later than March 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a report on the potential benefits of a multiyear contract for the period of fiscal years 2023 through 2027 for the procurement of Flight III Arleigh Burke class destroyers in the quantities specified in subsection (c). (b) Elements \nThe report required by subsection (a) shall include preliminary findings, and the basis for such findings, of the Secretary with respect to whether— (1) the use of a contract described in such subsection could result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts; (2) the minimum need for the destroyers described in such subsection to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities; (3) there is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation; (4) there is a stable design for the destroyers to be acquired and that the technical risks associated with such property are not excessive; (5) the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic; (6) the use of such a contract will promote the national security of the United States; and (7) a decision not to use such a contract will affect the industrial base and, if so, the nature of such effects. (c) Evaluation by quantity \nThe report required by subsection (a) shall evaluate the potential of procuring each of the following quantities of Flight III Arleigh Burke-class destroyers over the period described in such subsection: (1) 10. (2) 12. (3) 15. (4) Any other quantities the Secretary of the Navy considers appropriate.", "id": "H0095719200944F06AD3E22350F45C0B1", "header": "Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers" }, { "text": "126. Acquisition, modernization, and sustainment plan for carrier air wings \n(a) Plan required \nNot later than April 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a 15-year acquisition, modernization, and sustainment plan for the carrier air wings of the Navy. (b) Elements \nThe plan required by subsection (a) shall include the following: (1) (A) An assessment of whether and to what extent the capabilities, capacity, and composition of the carrier air wings in existence as of the date of plan meet the requirements of the National Defense Strategy; and (B) a plan to address any known shortfalls of such carrier wings, including shortfalls with respect to aerial refueling aircraft capacity and strike-fighter combat radius. (2) An operational risk assessment and risk mitigation plan regarding the nine carrier air wings that, as of the date of the plan, support combatant commander steady-state peacetime and potential major contingency requirements. (3) An explanation of when the Secretary of the Navy will field a minimum of 10 carrier air wings in accordance with section 8062(e) of title 10, United States Code. (4) An identification and explanation of the role of autonomous and remotely-piloted aircraft, including the MQ–25 aircraft, and other potential capabilities and platforms planned to be fielded in future carrier air wings. (5) A detailed deck and hangar space plan that supports realistic peacetime steady-state or contingency surge level fixed-wing aircraft and rotorcraft preparation activities, flight operations, and onboard unit-level maintenance, repair, and sustainment activities for future carrier air wings. (6) An appropriate modernization plan to maximize operational use of platforms in existence as of the date of the plan, particularly the EA–18G aircraft and the E–2D aircraft, by leveraging available technologies such as Next Generation Jammer. (7) An identification of the logistics supply chain support and modernization plan required during peacetime steady-state and contingency operations for future carrier air wings, particularly as it relates to implementing the organic C–130 and C–40 logistics tethering strategy. (8) A detailed explanation for the Secretary of the Navy’s decision to modify carrier air wing composition to one squadron of 14 F–35C aircraft instead of the originally planned two squadrons of 10 F–35C aircraft.", "id": "HC30135A932D5412C9E957CFF5272CE40", "header": "Acquisition, modernization, and sustainment plan for carrier air wings" }, { "text": "127. Report on material readiness of Virginia class submarines of the Navy \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the material readiness of the Virginia class submarines. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An assessment of the number of components and parts that have required replacement prior to the end of their estimated useful life or scheduled replacement timeline, including efforts to increase the reliability of life of ship components. (2) An assessment of the extent to which part and material shortages have impacted deployment and maintenance availability schedules, including an estimate of the number of active part cannibalizations or other actions taken to mitigate those impacts. (3) An identification of the planned lead time to obtain key material for Virginia class submarines from shipbuilders and vendors. (4) An identification of the actual lead time to obtain such material from shipbuilders and vendors. (5) An identification of the cost increases of key components and parts for new construction and maintenance availabilities above planned material costs. (6) An assessment of potential courses of action to improve the material readiness of the Virginia class submarines, including efforts to align new construction shipyards with maintenance shipyards and Naval Sea Systems Command to increase predictability of materials and purchasing power. (7) Such recommendations as the Secretary may have for legislative changes, authorities, realignments, and administrative actions, including reforms of the Federal Acquisition Regulation, to improve the material readiness of the Virginia class submarines. (8) Such other elements as the Secretary considers appropriate.", "id": "H54FFABDEAC9D4E888CD3C7D8687008C3", "header": "Report on material readiness of Virginia class submarines of the Navy" }, { "text": "131. Extension of inventory requirement for Air Force fighter aircraft \n(a) Extension of inventory requirement \nSection 9062(i)(1) of title 10, United States Code, is amended by striking October 1, 2022 and inserting October 1, 2026. (b) Reports on retirement of Air Force fighter aircraft \nSection 131 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1314; 10 U.S.C. 9062 note) is amended— (1) by amending subsection (b) to read as follows: (b) Report on retirement of aircraft \n(1) In general \nBeginning with fiscal year 2023, for any fiscal year in which the Secretary of the Air Force expects the total aircraft inventory of fighter aircraft of the Air Force or the total primary mission aircraft inventory of fighter aircraft of the Air Force to decrease below the levels specified in section 9062(i)(1) of title 10, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following: (A) A detailed rationale for the retirement of existing fighter aircraft and a detailed operational analysis of the portfolio of capabilities of the Air Force that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft. (B) An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft and how existing aircraft inventory levels and unit personnel levels for the active and reserve components are proposed to change during the fiscal year in which fighter aircraft will be retired. (C) A detailed assessment of the current operational risk and the operational risk that will be incurred for meeting— (i) the requirements of the National Defense Strategy and combatant commanders; and (ii) operational plans for major contingency operations and steady-state or rotational operations. (D) Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate. (2) Timing of report \nEach report required under paragraph (1) shall be included in the materials submitted in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for the fiscal year in which applicable decrease in fighter aircraft inventory levels is expected to occur. ; (2) by striking subsection (c); and (3) by redesignating subsection (d) as subsection (c).", "id": "H0A8298CE0FD84CB2AFF27EB7725EA09B", "header": "Extension of inventory requirement for Air Force fighter aircraft" }, { "text": "132. Contract for logistics support for VC–25B aircraft \nSection 143 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1668) is amended— (1) in paragraph (1), by striking , unless otherwise approved in accordance with established procedures ; and (2) in paragraph (2), by inserting such before logistics support contract.", "id": "H5A4303A42F93444FBDEA5A7D17CAED76", "header": "Contract for logistics support for VC–25B aircraft" }, { "text": "133. Prohibition on certain reductions to B–1 bomber aircraft squadrons \n(a) Prohibition \nDuring the covered period, the Secretary of the Air Force may not— (1) modify the designed operational capability statement for any B–1 bomber aircraft squadron, as in effect on the date of the enactment of this Act, in a manner that would reduce the capabilities of such a squadron below the levels specified in such statement as in effect on such date; or (2) reduce, below the levels in effect on such date of enactment, the number of personnel assigned to units responsible for the operation and maintenance of B–1 aircraft if such reduction would affect the ability of such units to meet the capability described in paragraph (1). (b) Exception \nThe prohibition under subsection (a) shall not apply to an individual unit for which the Secretary of the Air Force has commenced the process of replacing B–1 bomber aircraft with B–21 bomber aircraft. (c) Definitions \nIn this section: (1) The term covered period means the period beginning on the date of the enactment of this Act and ending on September 30, 2023. (2) The term designed operational capability statement has the meaning given that term in Air Force Instruction 10–201.", "id": "HC78AEC372189469F8FBF3562A888F86F", "header": "Prohibition on certain reductions to B–1 bomber aircraft squadrons" }, { "text": "134. Prohibition on use of funds for retirement of A–10 aircraft \n(a) Prohibition \nNotwithstanding sections 134 and 135 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2037), and except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2022 for the Air Force may be obligated to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft. (b) Exception \n(1) In general \nThe limitation under subsection (a) shall not apply to an individual A–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a Class A mishap. (2) Certification required \nIf the Secretary determines under paragraph (1) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance or repairs or other reasons. (3) Certification additional \nAny certification submitted under paragraph (2) shall be in addition to the notification and certification required by section 135(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2039).", "id": "HFFB7CA3C488E49E58AD12335F746FD8D", "header": "Prohibition on use of funds for retirement of A–10 aircraft" }, { "text": "135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program \n(a) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B–52 Commercial Engine Replacement Program, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in section 2432 of title 10, United States Code, for the most recently concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1). (b) Additional requirements \n(1) Treatment of baseline estimate \nThe Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2020 as the original Baseline Estimate for the Program. (2) Unit cost reports and critical cost growth \n(A) Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2020 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph (B) or subparagraph (C) of section 2433a(c)(1) of such title with respect to the Program. (B) In carrying out the review required by section 2433a of such title, the Secretary shall not enter into a transaction under section 2371 or 2371b of such title, exercise an option under such a transaction, or otherwise extend such a transaction with respect to the B–52 Commercial Engine Replacement Program except to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources. (c) Definitions \nIn this section: (1) The term Baseline Estimate has the meaning given the term in section 2433(a)(2) of title 10, United States Code. (2) The term milestone decision authority has the meaning given the term in section 2366b(g)(3) of title 10, United States Code. (3) The term original Baseline Estimate has the meaning given the term in section 2435(d)(1) of title 10, United States Code. (4) The term Selected Acquisition Report means a Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States Code.", "id": "H7D781063B40A4110AC50262A170092BC", "header": "Limitation on availability of funds for the B–52 Commercial Engine Replacement Program" }, { "text": "136. Limitation on availability of funds pending information on bridge tanker aircraft \n(a) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of the Air Force for travel expenses, not more than thirty-five percent may be obligated or expended until— (1) the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees a report outlining the requirements for the bridge tanker aircraft; and (2) the Secretary of the Air Force submits to the congressional defense committees— (A) a report detailing the acquisition strategy for the bridge tanker aircraft; (B) a certification identifying the amount of funds required for the acquisition of the bridge tanker aircraft; and (C) a plan for the development of the advanced aerial refueling tanker aircraft (commonly referred to as the KC–Z ). (b) Bridge tanker aircraft defined \nIn this section, the term bridge tanker aircraft means the follow-on tanker aircraft (commonly referred to as the KC–Y ).", "id": "H6DA893D59BD54D21B67AB9D147F25371", "header": "Limitation on availability of funds pending information on bridge tanker aircraft" }, { "text": "137. Inventory requirements and limitations relating to certain air refueling tanker aircraft \n(a) Repeal of minimum inventory requirements for KC–10A aircraft \nSection 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; (3) in subsection (b), as so redesignated, by striking subsection (e) and inserting subsection (d) ; and (4) by amending subsection (d), as so redesignated, to read as follows: (d) Exceptions \nThe requirement in subsection (b) shall not apply to an aircraft otherwise required to be maintained by that subsection if the Secretary of the Air Force— (1) at any time during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, determines, on a case-by-case basis, that such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair; or (2) during fiscal year 2023, certifies in writing to the congressional defense committees, not later than 30 days before the date of divestment of such aircraft, that the Air Force can meet combatant command tanker aircraft requirements by leveraging Air National Guard and Air Force Reserve capacity with increased Military Personnel Appropriation (MPA) Man-day Tours to the reserve force.. (b) Limitation on retirement of KC–135 Aircraft \n(1) Limitation \nNotwithstanding section 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and except as provided in paragraph (2), the Secretary of the Air Force may not retire more than 18 KC–135 aircraft during the period beginning on the date of the enactment of this Act and ending on October 1, 2023. (2) Exception \nThe limitation in paragraph (1) shall not apply to individual KC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair. (c) Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force. (d) Primary mission aircraft inventory defined \nIn this section, the term primary mission aircraft inventory has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.", "id": "H596DD84A18DD4CDFA0518A21100CB27D", "header": "Inventory requirements and limitations relating to certain air refueling tanker aircraft" }, { "text": "138. Minimum inventory of tactical airlift aircraft \n(a) Minimum inventory requirement \nDuring the covered period, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft. (b) Exception \nThe Secretary of the Air Force may reduce the number of tactical airlift aircraft in the Air Force below the minimum number specified in subsection (a) if the Secretary determines, on a case-by-case basis, that an aircraft is no longer mission capable because of a mishap or other damage. (c) Covered period defined \nIn this section, the term covered period means the period— (1) beginning on October 1, 2021; and (2) ending on the later of— (A) October 1, 2022; or (B) the date of the enactment of the next National Defense Authorization Act enacted after the date of the enactment of this Act.", "id": "HD9373BD8AC5E4DEDA4E52FE0D2BBE122", "header": "Minimum inventory of tactical airlift aircraft" }, { "text": "139. Report relating to reduction of total number of tactical airlift aircraft \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on any plans of the Air Force to reduce the total number of tactical airlift aircraft in the inventory of the Air Force. (b) Elements \nThe report required under subsection (a) shall include, with respect to any plan of the Air Force to reduce the total number of tactical airlift aircraft— (1) the justification for such reduction; (2) an explanation of whether and to what extent domestic operations was considered as part of such justification; (3) analysis of the role of domestic operations during concurrent contingency operations; (4) analysis of the C–130 aircraft force structures recommended to support wartime mobility requirements as set forth in— (A) the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1321); and (B) the mobility capability requirements study conducted under section 1712 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1803); (5) the Secretary’s justification for any increased risk that may result from accepting a C–130 aircraft force structure smaller than the force structure recommended by such studies; and (6) an explanation of whether and to what extent Governors of States that may be affected by the planned reduction were consulted as part of the decision making process. (c) Form of report \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "H725EA5C518444CEDA836BA6355AF6B7E", "header": "Report relating to reduction of total number of tactical airlift aircraft" }, { "text": "141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program \n(a) F–35A quantity limit for the Air Force \n(1) Limitation \nBeginning on October 1, 2028, the total number of F–35A aircraft that the Secretary of the Air Force may maintain in the aircraft inventory of the Air Force may not exceed the lesser of— (A) 1,763; or (B) the number obtained by— (i) multiplying 1,763 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor \nFor purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35A aircraft of the Air Force (as determined by the Secretary of the Air Force in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35A aircraft of the Air Force during fiscal year 2027 (as determined by the Secretary of the Air Force in accordance with subsection (f)). (b) F–35B quantity limit for the Marine Corps \n(1) Limitation \nBeginning on October 1, 2028, the total number of F–35B aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of— (A) 353; or (B) the number obtained by— (i) multiplying 353 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor \nFor purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35B aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35B aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (c) F–35C quantity limit for the Navy \n(1) Limitation \nBeginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Navy may not exceed the lesser of— (A) 273; or (B) the number obtained by— (i) multiplying 273 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor \nFor purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35C aircraft of the Navy (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Navy during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (d) F–35C Quantity limit for the Marine Corps \n(1) Limitation \nBeginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of— (A) 67; or (B) the number obtained by— (i) multiplying 67 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor \nFor purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35C aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (e) Determination of required affordability cost targets \n(1) Air force \nNot later than October 1, 2025, the Secretary of the Air Force shall— (A) determine an affordability cost target to be used for purposes of subsection (a)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35A aircraft of the Air force for fiscal year 2027; and (B) submit to the congressional defense committees a certification identifying the affordability cost target determined under subparagraph (A). (2) Navy and Marine Corps \nNot later than October 1, 2025, the Secretary of the Navy shall— (A) determine an affordability cost target to be used for purposes of subsection (b)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35B aircraft of the Marine Corps for fiscal year 2027; (B) determine an affordability cost target to be used for purposes of subsection (c)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Navy for fiscal year 2027; (C) determine an affordability cost target to be used for purposes of subsection (d)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Marine Corps for fiscal year 2027; and (D) submit to the congressional defense committees a certification identifying each affordability cost target determined under subparagraphs (A) through (C). (f) Determination of actual cost-per-tail-per-year for fiscal year 2027 \n— (1) In general \nNot later than 90 days after the end of fiscal year 2027— (A) the Secretary of the Air Force shall determine the average cost-per-tail of the F–35A aircraft of the Air Force during fiscal year 2027; and (B) the Secretary of the Navy shall determine the average cost-per-tail of— (i) the F–35B aircraft of the Marine Corps during fiscal year 2027; (ii) the F–35C aircraft of the Navy during fiscal year 2027; and (iii) the F–35C aircraft of the Marine Corps during fiscal year 2027. (2) Calculation \nFor purposes of paragraph (1), the average cost-per-tail of a variant of an F–35 aircraft of an Armed Force shall be determined by— (A) adding the total amount expended for fiscal year 2027 (in base year fiscal 2012 dollars) for all such aircraft in the inventory of the Armed Force for— (i) unit level manpower; (ii) unit operations; (iii) maintenance; (iv) sustaining support; (v) continuing system support; and (vi) modifications; and (B) dividing the sum obtained under subparagraph (A) by the average number of such aircraft in the inventory of the Armed Force during such fiscal year. (g) Waiver authority \nThe Secretary of Defense may waive the quantity limits under any of subsections (a) through (d) if, prior to issuing such a waiver, the Secretary certifies to the congressional defense committees that procuring additional quantities of a variant of an F–35 aircraft above the applicable quantity limit are required to meet the national military strategy requirements of the combatant commanders. The authority of the Secretary under this subsection may not be delegated. (h) Aircraft defined \nIn this section, the term aircraft means aircraft owned and operated by an Armed Force of the United States and does not include aircraft owned or operated by an armed force of a foreign country.", "id": "H7048F8B0AC7646838C7416A5451D05A0", "header": "Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program" }, { "text": "142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy \n(a) Transfer of functions \n(1) Sustainment functions \nNot later than October 1, 2027, the Secretary of Defense shall transfer all functions relating to the management, planning, and execution of sustainment activities for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows: (A) All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (B) All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (2) Acquisition functions \nNot later than October 1, 2029, the Secretary of Defense shall transfer all acquisition functions for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows: (A) All functions of the F–35 Joint Program Office relating to the acquisition of F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (B) All functions of the F–35 Joint Program Office relating to the acquisition of F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (b) Transition plan \nNot later than October 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Air Force and the Secretary of the Navy, shall submit to the congressional defense committees a plan for carrying out the transfers required under subsection (a).", "id": "H54D729EAC024459186244C46051CA621", "header": "Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy" }, { "text": "143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities \n(a) Review of redundancies \nThe Secretary of Defense shall conduct a review of all established and planned efforts to provide air-based and space-based ground moving target indicator capability to identify, eliminate, and prevent redundancies of such efforts across the Department of Defense. (b) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the capability described in subsection (a), not more than 75 percent may be obligated or expended for procurement or research and development for such capability until the date on which the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees the information required under subsection (c). (c) Information required \nThe Vice Chairman of the Joint Chiefs of Staff, in consultation with the Secretaries of the military departments and the heads of such other agencies as the Secretary of Defense considers relevant to the ground moving target indicator capability described in subsection (a), shall submit to the congressional defense committees the following: (1) A list of all procurement and research and development efforts relating to the capability that are funded by— (A) the Department of Defense; or (B) any other department or agency of the Federal Government. (2) A description of how the efforts described in paragraph (1) will— (A) provide real-time information to relevant military end users through the use of air battle managers; and (B) meet the needs of combatant commanders with respect to priority target tasking. (3) Analysis of whether, and to what extent, the efforts described in paragraph (1) comply with— (A) the joint all domain command and control requirements and standards of the Department; and (B) the validated requirements of the Joint Requirements Oversight Council with respect to ground moving target indicator capabilities. (4) Identification of any potential areas of overlap among the efforts described in paragraph (1).", "id": "HEF69161D91E0452E8C066CCEBB3F4E04", "header": "Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities" }, { "text": "144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the procurement of aircraft systems for the armed overwatch program of the United States Special Operations Command may be obligated or expended until a period of 15 days has elapsed following the date on which the acquisition roadmap required by section 165(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is submitted to the congressional defense committees.", "id": "H26F35F6B9D844F79A6CB0A863BF691DF", "header": "Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program" }, { "text": "145. Analysis of certain radar investment options \n(a) Analysis required \n(1) In general \nThe Director of Cost Assessment and Program Evaluation shall conduct an analysis of covered radar systems operating in the Navy and the Missile Defense Agency over the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code. (2) Elements \nThe analysis conducted under paragraph (1) shall include the following: (A) An independent cost estimate of each covered radar system described in paragraph (1) and each variant thereof. (B) An assessment of the capability provided by each such system and variant to address current and future air and missile defense threats. (C) In the case of covered radar systems operating in the Navy, an assessment of the capability and technical suitability of each planned configuration for such systems to support current and future distributed maritime operations in contested environments. (b) Report \nNot later than May 1, 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report that includes the following: (1) The results of the analysis conducted under subsection (a)(1). (2) Such recommendations as the Director may have to achieve greater capability, affordability, and sustainability across covered radar systems described in subsection (a)(1), including variants thereof, during fiscal years 2022 through 2027, including whether— (A) to continue to develop and maintain each covered radar system separately; or (B) to pursue fewer configurations of such systems. (c) Covered radar systems defined \nIn this section, the term covered radar systems means radar systems with the following designations an any variants thereof: (1) AN/SPY–1. (2) AN/SPY–3. (3) AN/SPY–6. (4) AN/SPY–7.", "id": "H362D023C17704BCEB329C3E20270EDB4", "header": "Analysis of certain radar investment options" }, { "text": "146. Review and briefing on fielded major weapon systems \n(a) Review and briefing required \nNot later than March 1, 2023, the Secretary of Defense shall conduct a review, and provide a briefing to the congressional defense committees, on the processes of the Department of Defense for the management of strategic risk with respect to capabilities of fielded major weapon systems funded in the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, including a description of the analytical and implementation methodologies used— (1) to ensure that fielded major weapon systems meet current and emerging military threats; (2) to upgrade or replace any fielded major weapon systems that is not capable of effectively meeting operational requirements or current, evolving, or emerging threats; and (3) to develop and implement plans for the replacement and divestment of fielded major weapon systems that address lower-priority military threats, as determined by intelligence assessments and operational requirements. (b) Major weapon system defined \nIn this section, the term major weapon system has the meaning given such term under section 2379(f) of title 10, United States Code.", "id": "HBE5B792BF9164368BD7F2E32E16870F7", "header": "Review and briefing on fielded major weapon systems" }, { "text": "147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats \nNot later than February 1, 2022, and on a semiannual basis thereafter through February 1, 2024, the Secretary of the Air Force and the Secretary of the Navy shall each submit to the congressional defense committees a report that includes, with respect to each location at which active flying operations are conducted or planned as of the date report— (1) the number of aircrew ejection seats installed in the aircraft used, or expected to be used, at such location; (2) of the ejection seats identified under paragraph (1), the number that have been, or are expected to be, placed in service subject to a waiver due to— (A) deferred maintenance; or (B) the inability to obtain parts to make repairs or to fulfill time-compliance technical orders; and (3) for each ejection seat subject to a waiver as described in paragraph (2)— (A) the date on which the waiver was issued; and (B) the name and title of the official who authorized the waiver.", "id": "HCAAC75E9E1C341939E0AB80B527E17A1", "header": "Reports on exercise of waiver authority with respect to certain aircraft ejection seats" }, { "text": "201. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.", "id": "HCDEC5C50787B40909D5C1046A0AD7986", "header": "Authorization of appropriations" }, { "text": "211. Codification of National Defense Science and Technology Strategy \n(a) In general \nChapter 2 of title 10, United States Code, as amended by section 1081 of this Act, is further amended by inserting before section 119, the following new section: 118c. National Defense Science and Technology Strategy \n(a) In general \nThe Secretary of Defense shall develop a strategy— (1) to articulate the science and technology priorities, goals, and investments of the Department of Defense; (2) to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and (3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies. (b) Elements \nThe strategy required under subsection (a) shall— (1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President; (2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including— (A) personnel and workforce capabilities; (B) facilities for research and test infrastructure; (C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and (D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded; (3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; (4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; (5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title; (6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations; (7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps; (8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and (9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base. (c) Coordination \nThe Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations. (d) Considerations \nIn developing the strategy under subsection (a), the Secretary of Defense shall consider— (1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners; (2) current military requirements and emerging technologies in the defense and commercial sectors; (3) the capabilities of foreign near-peer and peer nations; (4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and (5) near-term, mid-term, and long-term technology and capability development goals. (e) Reports \n(1) Subsequent reports and updates \nNot later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense. (2) Form of reports \nThe reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate. (f) Briefing \nNot later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy. (g) Designation \nThe strategy developed under subsection (a) shall be known as the National Defense Science and Technology Strategy.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting before the item relating to section 119 the following new item: 118c. National Defense Science and Technology Strategy.. (c) Conforming repeal \nSection 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679) is repealed. (d) Conforming amendment \nSection 2358b(c)(2)(B)(ii) of title 10, United States Code, is amended by striking section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679) and inserting section 118c of this title.", "id": "HE81121E90952495EA405A74C7BABCB15", "header": "Codification of National Defense Science and Technology Strategy" }, { "text": "118c. National Defense Science and Technology Strategy \n(a) In general \nThe Secretary of Defense shall develop a strategy— (1) to articulate the science and technology priorities, goals, and investments of the Department of Defense; (2) to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and (3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies. (b) Elements \nThe strategy required under subsection (a) shall— (1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President; (2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including— (A) personnel and workforce capabilities; (B) facilities for research and test infrastructure; (C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and (D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded; (3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; (4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; (5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title; (6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations; (7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps; (8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and (9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base. (c) Coordination \nThe Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations. (d) Considerations \nIn developing the strategy under subsection (a), the Secretary of Defense shall consider— (1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners; (2) current military requirements and emerging technologies in the defense and commercial sectors; (3) the capabilities of foreign near-peer and peer nations; (4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and (5) near-term, mid-term, and long-term technology and capability development goals. (e) Reports \n(1) Subsequent reports and updates \nNot later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense. (2) Form of reports \nThe reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate. (f) Briefing \nNot later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy. (g) Designation \nThe strategy developed under subsection (a) shall be known as the National Defense Science and Technology Strategy.", "id": "H029E2B11A31C4A8187FBAC6E854F22E1", "header": "National Defense Science and Technology Strategy" }, { "text": "212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders \n(a) In general \nSection 2358a of title 10, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): (f) Direct hire authority at personnel demonstration laboratories for advanced degree holders \n(1) Authority \nThe Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in paragraph (2) without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title. (2) Applicability \nThis subsection applies with respect to candidates for scientific and engineering positions within any laboratory designated by section 4121(b) of this title as a Department of Defense science and technology reinvention laboratory. (3) Limitation \n(A) Authority under this subsection may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of candidates greater than the number equal to 5 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year. (B) For purposes of this paragraph, positions and candidates shall be counted on a full-time equivalent basis.. (b) Repeal \nSection 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4618 ) is hereby repealed. (c) Conforming amendments \n(1) Section 255(b)(5)(B) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2223a note) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of. (2) Section 223(d)(3)(C) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking in section 2358a(f) of and inserting in section 2358a(g) of. (3) Section 249(g)(1)(C) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of.", "id": "HE9F8CB92624C420D8AB4D59A4D493E13", "header": "Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders" }, { "text": "213. Duties and regional activities of the Defense Innovation Unit \n(a) Duties of DIU joint reserve detachment \nClause (ii) of section 2358b(c)(2)(B) of title 10, United States Code, is amended to read as follows: (ii) the technology requirements of the Department of Defense, as identified in the most recent— (I) National Defense Strategy; (II) National Defense Science and Technology Strategy as directed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679); and (III) relevant policy and guidance from the Secretary of Defense; and. (b) Regional activities \nSubject to the availability of appropriations for such purpose, the Secretary of Defense may expand the efforts of the Defense Innovation Unit to engage and collaborate with private-sector industry and communities in various regions of the United States— (1) to accelerate the adoption of commercially developed advanced technology in modernization priority areas and such other key technology areas as may be identified by the Secretary; and (2) to expand outreach to communities that do not otherwise have a Defense Innovation Unit presence, including economically disadvantaged communities.", "id": "H7E7A6FFCC2374B4580E2B8AA50B8F8B2", "header": "Duties and regional activities of the Defense Innovation Unit" }, { "text": "214. Codification of requirement for Defense Established Program to Stimulate Competitive Research \n(a) In general \nChapter 301 of title 10, United States Code, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, is further amended by inserting after section 4007 the following new section: 4010. Defense Established Program to Stimulate Competitive Research \n(a) Program required \nThe Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) Program objectives \nThe objectives of the program are as follows: (1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense. (2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance. (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. (c) Program activities \nIn order to achieve the program objectives, the following activities are authorized under the program: (1) Competitive award of grants for research and instrumentation to support such research. (2) Competitive award of financial assistance for graduate students. (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers. (4) Any other activities that are determined necessary to further the achievement of the objectives of the program. (d) Eligible States \n(1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. (2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary— (A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1⁄50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State. (3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years. (e) Coordination with similar federal programs \n(1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. (2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. (f) State defined \nIn this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 301 of such title, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, is further amended by striking the item relating to section 4010 and inserting the following new item: 4010. Defense Established Program to Stimulate Competitive Research.. (c) Conforming repeals \n(1) Section 307 of title I of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia ( Public Law 105–18 ; 10 U.S.C. 2358 note) is repealed. (2) Section 257 of title II of division A of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) is repealed. (d) Effective date \nThis section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).", "id": "H8D4DA8FFEAA942AC891AA5903F0CECBE", "header": "Codification of requirement for Defense Established Program to Stimulate Competitive Research" }, { "text": "4010. Defense Established Program to Stimulate Competitive Research \n(a) Program required \nThe Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) Program objectives \nThe objectives of the program are as follows: (1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense. (2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance. (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. (c) Program activities \nIn order to achieve the program objectives, the following activities are authorized under the program: (1) Competitive award of grants for research and instrumentation to support such research. (2) Competitive award of financial assistance for graduate students. (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers. (4) Any other activities that are determined necessary to further the achievement of the objectives of the program. (d) Eligible States \n(1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. (2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary— (A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1⁄50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State. (3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years. (e) Coordination with similar federal programs \n(1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. (2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. (f) State defined \nIn this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.", "id": "HEEF4BBC6F5D04E409C3F862A881F75F4", "header": "Defense Established Program to Stimulate Competitive Research" }, { "text": "215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories \n(a) In general \nSubchapter III of chapter 303 of title 10, United States Code, as added by section 1842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the heading for subchapter III the following new section: 4121. Science and technology reinvention laboratories: authority and designation \n(a) In general \n(1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. (2) (A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 ( Public Law 98–224 ) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that— (A) subsection (d) of such section 4703 shall not apply to the demonstration project; (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and (C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). (4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. (5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. (b) Designation of laboratories \nEach of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): (1) The Air Force Research Laboratory. (2) The Joint Warfare Analysis Center. (3) The Army Research Institute for the Behavioral and Social Sciences. (4) The Combat Capabilities Development Command Armaments Center. (5) The Combat Capabilities Development Command Army Research Laboratory. (6) The Combat Capabilities Development Command Aviation and Missile Center. (7) The Combat Capabilities Development Command Chemical Biological Center. (8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. (9) The Combat Capabilities Development Command Ground Vehicle Systems Center. (10) The Combat Capabilities Development Command Soldier Center. (11) The Engineer Research and Development Center. (12) The Medical Research and Development Command. (13) The Technical Center, US Army Space and Missile Defense Command. (14) The Naval Air Systems Command Warfare Centers. (15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. (16) The Naval Information Warfare Centers, Atlantic and Pacific. (17) The Naval Medical Research Center. (18) The Naval Research Laboratory. (19) The Naval Sea Systems Command Warfare Centers. (20) The Office of Naval Research. (c) Conversion procedures \nThe Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— (1) shall not adversely affect any employee with respect to pay or any other term or condition of employment; (2) shall be consistent with section 4703(f) of title 5; (3) shall be completed within 18 months after designation; and (4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). (d) Limitation \nThe science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 303 of such title, as added by section 1842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking the item relating to section 4121 and inserting the following: 4121. Science and technology reinvention laboratories: authority and designation.. (c) Conforming repeals \n(1) Section 1105 of the National Defense Authorization Act For Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) is hereby repealed. (2) Subsection (b) of section 342 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) is hereby repealed. (d) Conforming amendments \n(1) Section 1601(f) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 2358 note) is amended by striking section 342 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 108 Stat. 2721) and inserting section 4121(a) of title 10, United States Code. (2) Section 1107 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2358 note) is amended— (A) by amending subsection (a) to read as follows: (e) Requirement \nThe Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under subsection (a) of section 4121 of title 10, United States Code, to carry out personnel management demonstration projects at Department of Defense laboratories designated by subsection (b) of such section as Department of Defense science and technology reinvention laboratories. ; (B) in subsection (c), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486) and inserting designated by section 4121(b) of title 10, United States Code ; and (C) in subsection (e)(3), by striking section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (as cited in subsection (a)) and inserting section 4121(a) of title 10, United States Code. (3) Section 1109(c) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2358 note) is amended by striking specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting designated under section 4121(b) of title 10, United States Code. (4) Section 2803(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2358 note) is amended by striking (as designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting (as designated under section 4121(b) of title 10, United States Code). (5) Section 1108(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 1580 note prec.) is amended by striking section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting section 4121(b) of title 10, United States Code. (6) Section 211(g) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note), as amended and inserting under section 4121(b)of title 10, United States Code. (7) Section 233(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking as specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note) and inserting as designated under section 4121(b) of title 10, United States Code. (8) Section 223(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (9) Section 252(e)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (10) Section 255(b)(5)(A) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 223a note) is amended by striking (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note)) and inserting (as designated under section 4121(b) of title 10, United States Code). (11) Section 249 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (A) in subsection (e)(1)(A), by striking under section 2358a of title 10, United States Code and inserting under section 4121(b) of title 10, United States Code ; and (B) in subsection (g)(1)(B) by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (12) Section 2124(h)(3) of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting designated under section 4121(b) of this title. (13) Section 4091 of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (A) in subsection (b), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) both places it appears and inserting designated by section 4121(b) of this title ; and (B) in subsection (d)(2), by striking pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) both places it appears and inserting pursuant to section 4121(a) of this title. (14) Section 4094(f) of title 10, United States Code, as transferred and redesignated by this Act, is amended by striking by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note) and inserting by section 4121(b) of this title. (e) Effective date \nThis section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).", "id": "H51D3C2E73D254410938AD27F1F2A2E91", "header": "Codification of authorities relating to Department of Defense science and technology reinvention laboratories" }, { "text": "4121. Science and technology reinvention laboratories: authority and designation \n(a) In general \n(1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. (2) (A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 ( Public Law 98–224 ) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that— (A) subsection (d) of such section 4703 shall not apply to the demonstration project; (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and (C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). (4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. (5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. (b) Designation of laboratories \nEach of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): (1) The Air Force Research Laboratory. (2) The Joint Warfare Analysis Center. (3) The Army Research Institute for the Behavioral and Social Sciences. (4) The Combat Capabilities Development Command Armaments Center. (5) The Combat Capabilities Development Command Army Research Laboratory. (6) The Combat Capabilities Development Command Aviation and Missile Center. (7) The Combat Capabilities Development Command Chemical Biological Center. (8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. (9) The Combat Capabilities Development Command Ground Vehicle Systems Center. (10) The Combat Capabilities Development Command Soldier Center. (11) The Engineer Research and Development Center. (12) The Medical Research and Development Command. (13) The Technical Center, US Army Space and Missile Defense Command. (14) The Naval Air Systems Command Warfare Centers. (15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. (16) The Naval Information Warfare Centers, Atlantic and Pacific. (17) The Naval Medical Research Center. (18) The Naval Research Laboratory. (19) The Naval Sea Systems Command Warfare Centers. (20) The Office of Naval Research. (c) Conversion procedures \nThe Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— (1) shall not adversely affect any employee with respect to pay or any other term or condition of employment; (2) shall be consistent with section 4703(f) of title 5; (3) shall be completed within 18 months after designation; and (4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). (d) Limitation \nThe science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.", "id": "HEDC50FDDF65A4A0096DD4F6D0F68A613", "header": "Science and technology reinvention laboratories: authority and designation" }, { "text": "216. Improvements relating to steering committee on emerging technology and national security threats \nSection 236 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (1) in subsection (a), by striking may and inserting and the Director of National Intelligence may jointly ; (2) in subsection (b), by— (A) by striking paragraphs (3) through (8); and (B) by inserting after paragraph (2) the following: (3) The Principal Deputy Director of National Intelligence. (4) Such other officials of the Department of Defense and intelligence community as the Secretary of Defense and the Director of National Intelligence jointly determine appropriate. ; (3) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (4) by inserting after subsection (b) the following: (c) Leadership \nThe Steering Committee shall be chaired by the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, and the Principal Deputy Director of National Intelligence jointly. ; (5) in subsection (d), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a strategy and inserting strategies ; (ii) by inserting and intelligence community after United States military ; and (iii) by inserting and National Intelligence Strategy, and consistent with the National Security Strategy after National Defense Strategy ; (B) in paragraph (3)— (i) in the matter before subparagraph (A), by inserting and the Director of National Intelligence after the Secretary of Defense ; (ii) in subparagraph (A), by striking strategy and inserting strategies ; (iii) in subparagraph (D), by striking ; and and inserting a semicolon; (iv) by redesignating subparagraph (E) as subparagraph (F); and (v) by inserting after subparagraph (D) the following: (E) any changes to the guidance for developing the National Intelligence Program budget required by section 102A(c)(1)(A) of the National Security Act of 1947 ( 50 U.S.C. 3024(c)(1)(A) ), that may be required to implement the strategies under paragraph (1); and ; and (vi) in subparagraph (F), as redesignated by clause (iv), by inserting and the intelligence community after Department of Defense ; and (C) in paragraph (4), by inserting and Director of National Intelligence, jointly after Secretary of Defense ; (6) by amending subsection (e), as redesignated by paragraph (3), to read as follows: (e) Definitions \nIn this section: (1) The term emerging technology means technology jointly determined to be in an emerging phase of development by the Secretary of Defense and the Director of National Intelligence, including quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy, hypersonics, biotechnology, medical technologies, and such other technology as may be jointly identified by the Secretary and the Director. (2) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). ; and (7) in subsection (f), as redesignated by paragraph (3), by striking October 1, 2024 and inserting October 1, 2025.", "id": "H27A9AE74708345A29A0FE6F0C70877B8", "header": "Improvements relating to steering committee on emerging technology and national security threats" }, { "text": "217. Improvements relating to national network for microelectronics research and development \nSection 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking may and inserting shall ; and (2) by adding at the end the following new paragraph: (3) Selection of entities \n(A) In general \nIn carrying out paragraph (1), the Secretary shall, through a competitive process, select two or more entities to carry out the activities described in paragraph (2) as part of the network established under paragraph (1). (B) Geographic diversity \nThe Secretary shall, to the extent practicable, ensure that the entities selected under subparagraph (A) collectively represent the geographic diversity of the United States..", "id": "H7141BB1996BF4628988907DA816CE645", "header": "Improvements relating to national network for microelectronics research and development" }, { "text": "218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions \nSection 217 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2358 note) is amended— (1) by amending subsection (c) to read as follows: (c) Consultation with other organizations \nFor the purposes of providing technical expertise and reducing costs and duplicative efforts, the Secretary of Defense and the Secretaries of the military departments shall work to ensure and support the sharing of information on the research and consulting that is being carried out across the Federal Government in Department-wide shared information systems including the Defense Technical Information Center. ; (2) in subsection (e)— (A) by redesignating paragraph (31) as paragraph (36); and (B) by inserting after paragraph (30) the following new paragraphs: (31) Nuclear science, security, and nonproliferation. (32) Chemical, biological, radiological, and nuclear defense. (33) Spectrum activities. (34) Research security and integrity. (35) Printed circuit boards. ; and (3) in subsection (g), by striking 2026 and inserting 2028.", "id": "HDEEA367555D74990A60CBC68204E236A", "header": "Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions" }, { "text": "219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense \nSection 233(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking Chief Management Officer and inserting Deputy Secretary of Defense or a designee of the Deputy Secretary.", "id": "HFF1ACCEFAF11425188EF957AA4E3D1AF", "header": "Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense" }, { "text": "220. Defense research and engineering activities at minority institutions \n(a) Plan to promote defense research at minority institutes \n(1) In general \nThe Secretary of Defense shall develop a plan to promote defense-related engineering, research, and development activities at minority institutions for the purpose of elevating the capacity of such institutions in those areas. (2) Elements \nThe plan under paragraph (1) shall include the following: (A) An assessment of the engineering, research, and development capabilities of minority institutions, including an assessment of the workforce and physical research infrastructure of such institutions. (B) An assessment of the ability of minority institutions— (i) to participate in defense-related engineering, research, and development activities; and (ii) to effectively compete for defense-related engineering, research, and development contracts. (C) An assessment of the activities and investments necessary— (i) to elevate minority institutions or a consortium of minority institutions (including historically black colleges and universities) to R1 status on the Carnegie Classification of Institutions of Higher Education; (ii) to increase the participation of minority institutions in defense-related engineering, research, and development activities; and (iii) to increase the ability of such institutions ability to effectively compete for defense-related engineering, research, and development contracts. (D) Recommendations identifying actions that may be taken by the Secretary, Congress, minority institutions, and other organizations to increase the participation of minority institutions in defense-related engineering, research, and development activities and contracts. (E) The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase and measure the capacity of minority institutions to address the engineering, research, and development needs of the Department. (3) Consultation \nIn developing the plan under paragraph (1), the Secretary of Defense shall consult with such other public and private sector organizations as the Secretary determines appropriate. (4) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (A) submit to the congressional defense committees a report that includes the plan developed under paragraph (1); and (B) make the plan available on a publicly accessible website of the Department of Defense. (b) Activities to support the research and engineering capacity of historically black colleges and universities and minority institutions \n(1) In general \nSubject to the availability of appropriations, the Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities for the purposes described in paragraph (2). (2) Purposes \nThe purposes described in this paragraph are the following: (A) Developing the capability, including workforce and research infrastructure, for minority institutions to more effectively compete for Federal engineering, research, and development funding opportunities. (B) Improving the capability of such institutions to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities. (C) Any other purposes the Secretary determines appropriate for enhancing the defense-related engineering, research, and development capabilities of minority institutions. (c) Increasing partnerships for minority institutions with national security research and engineering organizations \nSection 2362 of title 10, United States Code, is amended— (1) in subsection (a), by striking Assistant Secretary each place it appears and inserting Under Secretary ; and (2) in subsection (d)— (A) by striking The Secretary of Defense may and inserting the following: (1) The Secretary of Defense may ; and (B) by adding at the end the following paragraph: (2) The Secretary of Defense shall establish goals and incentives to encourage federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— (A) to assess the capacity of covered educational institutions to address the research and development needs of the Department through partnerships and collaborations; and (B) if appropriate, to enter into partnerships and collaborations with such institutions.. (d) Minority institution defined \nIn this section, the term minority institution means a covered educational institution (as defined in section 2362 of title 10, United States Code).", "id": "H20D989B7C57047C6AE99C9125894C419", "header": "Defense research and engineering activities at minority institutions" }, { "text": "221. Test program for engineering plant of DDG(X) destroyer vessels \n(a) Test program required \nDuring the detailed design period and prior to the construction start date of the lead ship in the DDG(X) destroyer class of vessels, the Secretary of the Navy shall commence a land-based test program for the engineering plant of such class of vessels. (b) Administration \nThe test program required by subsection (a) shall be administered by the Senior Technical Authority for the DDG(X) destroyer class of vessels. (c) Elements \nThe test program required by subsection (a) shall include, at a minimum, testing of the following equipment in vessel-representative form: (1) Electrical propulsion motor. (2) Other propulsion drive train components. (3) Main propulsion system. (4) Electrical generation and distribution systems. (5) Machinery control systems. (6) Power control modules. (d) Test objectives \nThe test program required by subsection (a) shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations for the DDG(X) destroyer class of vessels: (1) Test of a single shipboard representative propulsion drive train. (2) Test and facilitation of machinery control systems integration. (3) Simulation of the full range of electrical demands to enable the investigation of load dynamics between the hull, mechanical and electrical equipment, the combat system, and auxiliary equipment. (e) Completion date \nThe Secretary of the Navy shall complete the test program required by subsection (a) by not later than the delivery date of the lead ship in the DDG(X) destroyer class of vessels. (f) Definitions \nIn this section: (1) Delivery date \nThe term delivery date has the meaning given that term in section 8671 of title 10, United States Code. (2) Senior Technical Authority \nThe term Senior Technical Authority means the official designated as the Senior Technical Authority for the DDG(X) destroyer class of vessels pursuant to section 8669b of title 10, United States Code.", "id": "HD37E2360887A435B991CD3A5FB85E757", "header": "Test program for engineering plant of DDG(X) destroyer vessels" }, { "text": "222. Consortium to study irregular warfare \n(a) Establishment \nThe Secretary of Defense may establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats. (b) Purposes \nThe purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding irregular warfare. (2) To maintain open-source databases on issues relevant to understanding terrorism, irregular threats, and social and environmental change. (3) To serve as a repository for datasets regarding research on security, social change, and irregular threats developed by institutions of higher education that receive Federal funding. (4) To support basic research in social science on emerging threats and stability dynamics relevant to irregular threat problem sets. (5) To transition promising basic research— (A) to higher stages of research and development; and (B) into operational capabilities, as appropriate, by supporting applied research and developing tools to counter irregular threats. (6) To facilitate the collaboration of research centers of excellence relating to irregular threats to better distribute expertise to specific issues and scenarios regarding such threats. (7) To enhance educational outreach and teaching at professional military education schools to improve— (A) the understanding of irregular threats; and (B) the integration of data-based responses to such threats. (8) To support classified research when necessary in appropriately controlled physical spaces. (9) To support the work of a Department of Defense Functional Center for Security Studies in Irregular Warfare if such Center is established pursuant to section 1299L of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (10) To carry out such other research initiatives relating to irregular warfare and irregular threats as the Secretary of Defense determines appropriate. (c) Partnerships \nIf the Secretary of Defense establishes a research consortium under subsection (a), the Secretary shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions, as appropriate. (d) Institution of higher education defined \nIn this section, the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "H7CFB1649A4C74098917071B6751C6A6B", "header": "Consortium to study irregular warfare" }, { "text": "223. Development and implementation of digital technologies for survivability and lethality testing \n(a) Expansion of survivability and lethality testing \n(1) In general \nThe Secretary, in coordination with covered officials, shall— (A) expand the survivability and lethality testing of covered systems to include testing against non-kinetic threats; and (B) develop digital technologies to test such systems against such threats throughout the life cycle of each such system. (2) Development of digital technologies for live fire testing \n(A) In general \nThe Secretary, in coordination with covered officials, shall develop— (i) digital technologies to enable the modeling and simulation of the live fire testing required under section 2366 of title 10, United States Code; and (ii) a process to use data from physical live fire testing to inform and refine the digital technologies described in clause (i). (B) Objectives \nIn carrying out subparagraph (A), the Secretary shall seek to achieve the following objectives: (i) Enable assessments of full spectrum survivability and lethality of each covered system with respect to kinetic and non-kinetic threats. (ii) Inform the development and refinement of digital technology to test and improve covered systems. (iii) Enable survivability and lethality assessments of the warfighting capabilities of a covered system with respect to— (I) communications; (II) firepower; (III) mobility; (IV) catastrophic survivability; and (V) lethality. (C) Demonstration activities \n(i) In general \nThe Secretary, acting through the Director, shall carry out activities to demonstrate the digital technologies for full spectrum survivability testing developed under subparagraph (A). (ii) Program selection \nThe Secretary shall assess and select not fewer than three and not more than ten programs of the Department to participate in the demonstration activities required under clause (i). (iii) Armed Forces programs \nOf the programs selected pursuant to clause (ii), the Director shall select— (I) at least one such program from the Army; (II) at least one such program from the Navy or the Marine Corps; and (III) at least one such program from the Air Force or the Space Force. (3) Regular survivability and lethality testing throughout life cycle \n(A) In general \nThe Secretary, in coordination with covered officials, shall— (i) develop a process to regularly test through the use of digital technologies the survivability and lethality of each covered system against kinetic and non-kinetic threats throughout the life cycle of such system as threats evolve; and (ii) establish guidance for such testing. (B) Elements \nIn carrying out subparagraph (A), the Secretary shall determine the following: (i) When to deploy digital technologies to provide timely and up-to-date insights with respect to covered systems without unduly delaying fielding of capabilities. (ii) The situations in which it may be necessary to develop and use digital technologies to assess legacy fleet vulnerabilities. (b) Reports and briefing \n(1) Assessment and selection of programs \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that identifies the programs selected to participate in the demonstration activities under subsection (a)(2)(C). (2) Modernization and digitization report \n(A) In general \nNot later than March 15, 2023, the Director shall submit to the congressional defense committees a report that includes— (i) an assessment of the progress of the Secretary in carrying out subsection (a); (ii) an assessment of each of the demonstration activities carried out under subsection (a)(2)(C), including a comparison of— (I) the risks, benefits, and costs of using digital technologies for live fire testing and evaluation; and (II) the risks, benefits, and costs of traditional physical live fire testing approaches that— (aa) are not supported by digital technologies; (bb) do not include testing against non-kinetic threats; and (cc) do not include full spectrum survivability; (iii) an explanation of— (I) how real-world operational and digital survivability and lethality testing data will be used to inform and enhance digital technology; (II) the contribution of such data to the digital modernization efforts required under section 836 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); and (III) the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department; (iv) an assessment of the ability of the Department to perform full spectrum survivability and lethality testing of each covered system with respect to kinetic and non-kinetic threats; (v) an assessment of the processes implemented by the Department to manage digital technologies developed pursuant to subsection (a); and (vi) an assessment of the processes implemented by the Department to develop digital technology that can perform full spectrum survivability and lethality testing with respect to kinetic and non-kinetic threats. (B) Briefing \nNot later than April 14, 2023, the Director shall provide to the congressional defense committees a briefing that identifies any changes to existing law that may be necessary to implement subsection (a). (c) Definitions \nIn this section: (1) The term covered officials means— (A) the Under Secretary of Defense for Research and Engineering; (B) the Under Secretary of Defense for Acquisition and Sustainment; (C) the Chief Information Officer; (D) the Director; (E) the Director of Cost Assessment and Program Evaluation; (F) the Service Acquisition Executives; (G) the Service testing commands; (H) the Director of the Defense Digital Service; and (I) representatives from— (i) the Department of Defense Test Resource Management Center; (ii) the High Performance Computing Modernization Program Office; and (iii) the Joint Technical Coordination Group for Munitions Effectiveness. (2) The term covered system means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions. (3) The term Department means the Department of Defense. (4) The term digital technologies includes digital models, digital simulations, and digital twin capabilities that may be used to test the survivability and lethality of a covered system. (5) The term Director means the Director of Operational Test and Evaluation. (6) The term full spectrum survivability and lethality testing means a series of assessments of the effects of kinetic and non-kinetic threats on the communications, firepower, mobility, catastrophic survivability, and lethality of a covered system. (7) The term non-kinetic threats means unconventional threats, including— (A) cyber attacks; (B) electromagnetic spectrum operations; (C) chemical, biological, radiological, nuclear effects and high yield explosives; and (D) directed energy weapons. (8) The term Secretary means the Secretary of Defense.", "id": "H238610EC804C4C069DD5C25FB693AD9E", "header": "Development and implementation of digital technologies for survivability and lethality testing" }, { "text": "224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft \n(a) Testing and evaluation required \nBeginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall commence operational testing and evaluation of each fleet of tactical fighter aircraft (including each type and model variant of aircraft within the fleet) that uses the Onboard Oxygen Generating System for the pilot breathing system (in this section referred to as the breathing system ) to— (1) determine whether the breathing system complies with Military Standard 3050 (MIL–STD–3050), titled Aircraft Crew Breathing Systems Using On-Board Oxygen Generating System (OBOGS) ; and (2) assess the safety and effectiveness of the breathing system for all pilots of the aircraft fleet tested. (b) Requirements \nThe following shall apply to the testing and evaluation conducted for an aircraft fleet under subsection (a): (1) The F–35 aircraft fleet shall be the first aircraft fleet tested and evaluated, and such testing and evaluation shall include F–35A, F–35B, and F–35C aircraft. (2) The pilot, aircraft systems, and operational flight environment of the aircraft shall not be assessed in isolation but shall be tested and evaluated as integrated parts of the breathing system. (3) The testing and evaluation shall be conducted under a broad range of operating conditions, including variable weather conditions, low-altitude flight, high-altitude flight, during weapons employment, at critical phases of flight such as take-off and landing, and in other challenging environments and operating flight conditions. (4) The testing and evaluation shall assess operational flight environments for the pilot that replicate expected conditions and durations for high gravitational force loading, rapid changes in altitude, rapid changes in airspeed, and varying degrees of moderate gravitational force loading. (5) A diverse group of pilots shall participate in the testing and evaluation, including— (A) pilots who are test-qualified and pilots who are not test-qualified; and (B) pilots who vary in gender, physical conditioning, height, weight, and age, and any other attributes that the Secretary determines to be appropriate. (6) Aircraft involved in the testing and evaluation shall perform operations with operationally representative and realistic aircraft configurations. (7) The testing and evaluation shall include assessments of pilot life support gear and relevant equipment, including the pilot breathing mask apparatus. (8) The testing and evaluation shall include testing data from pilot reports, measurements of breathing pressures and air delivery response timing and flow, cabin pressure, air-speed, acceleration, measurements of hysteresis during all phases of flight, measurements of differential pressure between mask and cabin altitude, and measurements of spirometry and specific oxygen saturation levels of the pilot immediately before and immediately after each flight. (9) The analysis of the safety and effectiveness of the breathing system shall thoroughly assess any physiological effects reported by pilots, including effects on health, fatigue, cognition, and perception of any breathing difficulty. (10) The testing and evaluation shall include the participation of subject matter experts who have familiarity and technical expertise regarding design and functions of the aircraft, its propulsion system, pilot breathing system, life support equipment, human factors, and any other systems or subject matter the Secretary determines necessary to conduct effective testing and evaluation. At a minimum, such subject matter experts shall include aerospace physiologists, engineers, flight surgeons, and scientists. (11) In carrying out the testing and evaluation, the Secretary of Defense may seek technical support and subject matter expertise from the Naval Air Systems Command, the Air Force Research Laboratory, the Office of Naval Research, the National Aeronautics and Space Administration, and any other organization or element of the Department of Defense or the National Aeronautics and Space Administration that the Secretary, in consultation with the Administrator of the National Aeronautics and Space Administration, determines appropriate to support the testing and evaluation. (c) Corrective actions \nNot later than 90 days after the submittal of a final report under subsection (e) for an aircraft fleet, the Secretary of Defense shall take such actions as are necessary to correct all deficiencies, shortfalls, and gaps in the breathing system that were discovered or reported as a result of the testing and evaluation of such aircraft fleet under subsection (a). (d) Preliminary reports \n(1) In general \nNot later than the date specified in paragraph (2), for each aircraft fleet tested and evaluated under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a separate preliminary report, based on the initial results of such testing and evaluation, that includes— (A) the initial findings and recommendations of the Secretary; (B) potential corrective actions that the Secretary of Defense may carry out to address deficiencies in the breathing system of the aircraft tested; and (C) the results of initial review and assessment, conducted by the Administrator of the National Aeronautics and Space Administration for purposes of the report, of— (i) the testing and evaluation plans, execution, processes, data, and technical results of the testing and evaluation activities under subsection (a); and (ii) the initial findings, recommendations, and potential corrective actions determined by the Secretary of Defense under subparagraphs (A) and (B). (2) Date specified \nThe date specified in this paragraph is the earlier of— (A) a date selected by the Secretary of the Air Force that is not later than 180 days after the testing and evaluation of the aircraft fleet under subsection (a) has been completed; or (B) one year after the commencement of the testing and evaluation of the aircraft fleet under subsection (a). (e) Final reports \nNot later than two years after the commencement of the testing and evaluation under subsection (a) for an aircraft fleet, the Secretary of Defense shall submit to the congressional defense committees a final report on the results of such testing with respect to such aircraft fleet that includes, based on the final results of such testing and evaluation— (1) findings and recommendations with respect to the breathing system; and (2) a description of the specific actions the Secretary will carry out to correct deficiencies in the breathing system, as required under subsection (c). (f) Independent review of final report \n(1) In general \nThe Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall seek to enter into an agreement with a federally funded research and development center with relevant expertise to conduct an independent sufficiency review of the final reports submitted under subsection (e). (2) Report to Secretary \nNot later than seven months after the date on which the Secretary of Defense enters into an agreement with a federally funded research and development center under paragraph (1), the center shall submit to the Secretary a report on the results of the review conducted under such paragraph. (3) Report to Congress \nNot later than 30 days after the date on which the Secretary of Defense receives the report under paragraph (2), the Secretary shall submit the report to the congressional defense committees.", "id": "H98DCD6CD8CE14FD384EEC292C095E370", "header": "Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft" }, { "text": "225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base \n(a) Identification required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall identify each facility and capability of the Major Range and Test Facility Base— (1) the primary mission of which is the test and evaluation of hypersonics technology; or (2) that provides other test and evaluation capabilities to support the development of hypersonics technology. (b) Briefing \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on a plan to improve the capabilities identified under subsection (a), including— (1) a schedule for such improvements; and (2) a description of any organizational changes, investments, policy changes, or other activities the Secretary proposes to carry out as part of such plan. (c) Major Range and Test Facility Base \nIn this section, the term Major Range and Test Facility Base has the meaning given that term in section 196(i) of title 10, United States Code.", "id": "H7D89BAE7C0B5428CB4CF915A5F72A84C", "header": "Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base" }, { "text": "226. Review of artificial intelligence applications and establishment of performance metrics \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Department of Defense; and (2) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations. (b) Performance objectives and accompanying metrics \n(1) Skill gaps \nIn carrying out subsection (a), the Secretary of Defense shall require each Secretary of a military department and the heads of such other organizations and elements of the Department of Defense as the Secretary of Defense determines appropriate to— (A) conduct a comprehensive review and assessment of— (i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence; (ii) the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and (iii) the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and (B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Department for skilled personnel. (2) AI modernization activities \nIn carrying out subsection (a), the Secretary of Defense shall— (A) assess investment by the Department of Defense in artificial intelligence innovation, science and technology, and research and development; (B) assess investment by the Department in test and evaluation of artificial intelligence capabilities; and (C) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Department. (3) Exercises, wargames, and experimentation \nIn conjunction with the activities of the Secretary of Defense under subsection (a), the Chairman of the Joint Chiefs of Staff, in coordination with the Director of the Joint Artificial Intelligence Center, shall— (A) assess the integration of artificial intelligence into war-games, exercises, and experimentation; and (B) develop performance objectives and accompanying metrics for such integration. (4) Logistics and sustainment \nIn carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense for Acquisition and Sustainment, with support from the Director of the Joint Artificial Intelligence Center, to— (A) assess the application of artificial intelligence in logistics and sustainment systems; and (B) establish performance objectives and accompanying metrics for integration of artificial intelligence in the Department of Defense logistics and sustainment enterprise. (5) Business applications \nIn carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense (Comptroller), in coordination with the Director of the Joint Artificial Intelligence Center, to— (A) assess the integration of artificial intelligence for administrative functions that can be performed with robotic process automation and artificial intelligence-enabled analysis; and (B) establish performance objectives and accompanying metrics for the integration of artificial intelligence in priority business process areas of the Department of Defensee, including the following: (i) Human resources. (ii) Budget and finance, including audit. (iii) Retail. (iv) Real estate. (v) Health care. (vi) Logistics. (vii) Such other business processes as the Secretary considers appropriate. (c) Report to Congress \nNot later than 120 days after the completion of the review required by subsection (a)(1), the Secretary of Defense shall submit to the congressional defense committees a report on— (1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and (2) the performance objectives and accompanying metrics established under subsections (a)(2) and (b).", "id": "HE9C71992B5554FDE95956DBF393DBB8F", "header": "Review of artificial intelligence applications and establishment of performance metrics" }, { "text": "227. Modification of the joint common foundation program \n(a) Modification of joint common foundation \nThe Secretary of Defense shall modify the Joint Common Foundation program conducted by the Joint Artificial Intelligence Center to ensure that Department of Defense components can more easily contract with leading commercial artificial intelligence companies to support the rapid and efficient development and deployment of applications and capabilities. (b) Qualifying commercial companies \nThe Secretary of Defense shall take such actions as may be necessary to increase the number of commercial artificial intelligence companies eligible to provide support to Department of Defense components, including with respect to requirements for cybersecurity protections and processes, to achieve automatic authority to operate and provide continuous delivery, security clearances, data portability, and interoperability. (c) Use of FAR part 12 \nThe Secretary of Defense shall ensure that, to the maximum extent practicable, commercial artificial intelligence companies are able to offer platforms, services, applications, and tools to Department of Defense components through processes and procedures under part 12 of the Federal Acquisition Regulation. (d) Objectives of the Joint Common Foundation program \nThe objectives of the Joint Common Foundation program shall include the following: (1) Relieving Department of Defense components of the need to design or develop or independently contract for the computing and data hosting platforms and associated services on and through which the component at issue would apply its domain expertise to develop specific artificial intelligence applications. (2) Providing expert guidance to components in selecting commercial platforms, tools, and services to support the development of component artificial intelligence applications. (3) Ensuring that leading commercial artificial intelligence technologies and capabilities are easily and rapidly accessible to components through streamlined contracting processes. (4) Assisting components in designing, developing, accessing, or acquiring commercial or non-commercial capabilities that may be needed to support the operational use of artificial intelligence applications. (5) Enabling companies to develop software for artificial intelligence applications within secure software development environments that are controlled, sponsored, required, or specified by the Department of Defense, including PlatformOne of the Department of the Air Force (e) Briefing \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on actions taken to carry out this section.", "id": "HC51C978654744689A49BAA0669BA1253", "header": "Modification of the joint common foundation program" }, { "text": "228. Executive education on emerging technologies for senior civilian and military leaders \n(a) Establishment of course \nNot later than two years after the date of the enactment of this Act, the Secretary of Defense shall establish executive education activities on emerging technologies for appropriate general and flag officers and senior executive-level civilian leaders that are designed specifically to prepare new general and flag officers and senior executive-level civilian leaders on relevant technologies and how these technologies may be applied to military and business activities in the Department of Defense. (b) Plan for participation \n(1) In general \nThe Secretary of Defense shall develop a plan for participation in executive education activities established under subsection (a). (2) Requirements \nAs part of such plan, the Secretary shall ensure that, not later than five years after the date of the establishment of the activities under subsection (a), all appropriate general flag officers and senior executive-level civilian leaders are— (A) required to complete the executive education activities under such subsection; and (B) certified as having successfully completed the executive education activities. (c) Report \n(1) In general \nNot later than the date that is three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the status of the implementation of the activities required by subsection (a). (2) Contents \nThe report submitted under paragraph (1) shall include the following: (A) A description of the new general and flag officers and senior executive-level civilian leaders for whom the education activities have been designated. (B) A recommendation with respect to continuing or expanding the activities required under subsection (a).", "id": "HC00881469A06427A9EE28574CE9560A0", "header": "Executive education on emerging technologies for senior civilian and military leaders" }, { "text": "229. Activities to accelerate development and deployment of dual-use quantum technologies \n(a) Activities required \nThe Secretary of Defense shall establish a set of activities— (1) to accelerate the development and deployment of dual-use quantum capabilities; (2) to ensure the approach of the United States to investments of the Department of Defense in quantum information science research and development reflects an appropriate balance between scientific progress and the potential economic and security implications of such progress; (3) to ensure that the Department of Defense is fully aware and has a technical understanding of the maturity and operational utility of new and emerging quantum technologies; and (4) to ensure the Department of Defense consistently has access to the most advanced quantum capabilities available in the commercial sector to support research and modernization activities. (b) Assistance program \n(1) Program required \nIn carrying out subsection (a) and subject to the availability of appropriations for such purpose, the Secretary of Defense shall, acting through the Director of the Defense Advanced Research Projects Agency and in consultation with appropriate public and private sector organizations, establish a program under which the Secretary may award assistance to one or more organizations— (A) to identify defense applications for which dual-use quantum technologies provide a clear advantage over competing technologies; (B) to accelerate development of such quantum technologies; and (C) to accelerate the deployment of dual-use quantum capabilities. (2) Form of assistance \nAssistance awarded under the program required by paragraph (1) may consist of a grant, a contract, a cooperative agreement, other transaction, or such other form of assistance as the Secretary of Defense considers appropriate. (3) Authorities and acquisition approaches \nThe Secretary of Defense may use the following authorities and approaches for the program required by paragraph (1): (A) Section 2374a of title 10, United States Code, relating to prizes for advanced technology achievements. (B) Section 2373 of such title, relating to procurement for experimental purposes. (C) Sections 2371 and 2371b of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively. (D) Section 2358 of such title, relating to research and development projects. (E) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures. (F) Requirement for milestone payments based on technical achievements. (G) Requirement for cost share from private sector participants in the program. (H) Commercial procurement authority under part 12 of the Federal Acquisition Regulation. (I) Such other authorities or approaches as the Secretary considers appropriate. (4) Policies and procedures \nThe Secretary of Defense shall, in consultation with such experts from government and industry as the Secretary considers appropriate, establish policies and procedures to carry out the program required by paragraph (1). (c) Briefing and report \n(1) Briefing \nNot later than March 1, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the plan to carry out the activities required by subsection (a) and the program required by subsection (b). (2) Report \nNot later than December 31, 2022, and not less frequently than once each year thereafter until December 31, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the activities carried out under subsection (a) and the program carried out under subsection (b).", "id": "HFFE1C2B29F81478FAEF53E7E5119689A", "header": "Activities to accelerate development and deployment of dual-use quantum technologies" }, { "text": "230. National Guard participation in microreactor testing and evaluation \nThe Secretary of Defense may, in coordination with the Director of the Strategic Capabilities Office and the Chief of the National Guard Bureau, assemble a collection of four National Guard units to participate in the testing and evaluation of a micro nuclear reactor program.", "id": "H07EAA10143B0488C88736F487AF00129", "header": "National Guard participation in microreactor testing and evaluation" }, { "text": "231. Pilot program on the use of private sector partnerships to promote technology transition \n(a) In general \nConsistent with section 2359 of title 10, United States Code, the Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology programs, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases into acquisition activities and operational use. Under the pilot program, the Secretary shall seek to enter into agreements with qualified private sector organizations to support— (1) matching technology developers with programs, projects, and activities of the Department that may have a use for the technology developed by such developers; (2) providing technical assistance to appropriate parties on participating in the procurement programs and acquisition processes of the Department, including training and consulting on programming, budgeting, contracting, requirements, and other relevant processes and activities; and (3) overcoming barriers and challenges facing technology developers, including challenges posed by restrictions on accessing secure facilities, networks, and information. (b) Priority \nIn carrying out the activities described in paragraphs (1) through (3) of subsection (a), a qualified private sector organization shall give priority to technology producers that are small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )), research institutions (as defined in section 9(e) of such Act), or institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C 1001)). (c) Terms of agreements \nThe terms of an agreement under subsection (a) shall be determined by the Secretary of Defense. (d) Data collection \n(1) Plan required before implementation \nThe Secretary of Defense may not enter into an agreement under subsection (a) until the date on which the Secretary— (A) completes a plan to for carrying out the data collection required under paragraph (2); and (B) submits the plan to the congressional defense committees. (2) Data collection required \nThe Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of— (A) developing and sharing best practices for facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; (B) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and (C) providing information to the congressional defense committees as required under subsection (e). (e) Briefing \nNot later than December 31, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues. (f) Consultation \nIn carrying out the pilot program under this section, the Secretary of Defense shall consult with— (1) service acquisition executives (as defined in section 101 of title 10, United States Code); (2) the heads of appropriate Defense Agencies and Department of Defense Field Activities; (3) procurement technical assistance centers (as described in chapter 142 of title 10, United States Code); and (4) such other individuals and organizations as the Secretary determines appropriate. (g) Termination \nThe pilot program under this section shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a). (h) Comptroller general assessment and report \n(1) Assessment \nThe Comptroller General of the United States shall conduct an assessment of the pilot program under this section. The assessment shall include an evaluation of the effectiveness of the pilot program with respect to— (A) facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; and (B) protecting sensitive information in the course of the pilot program. (2) Report \nNot later than the date specified in paragraph (3), the Comptroller General shall submit to the congressional defense committees a report on the results of the assessment conducted under paragraph (1). (3) Date specified \nThe date specified in this paragraph is the earlier of— (A) four years after the date on which the Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a): or (B) five years after the date of the enactment of this Act.", "id": "H713CCC6532AC461FAF84F6EE6702158B", "header": "Pilot program on the use of private sector partnerships to promote technology transition" }, { "text": "232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense \n(a) Establishment of data repositories \nThe Secretary of Defense, acting through the Chief Data Officer of the Department of Defense and the Director of the Joint Artificial Intelligence Center (and such other officials as the Secretary determines appropriate), may carry out a pilot program under which the Secretary— (1) establishes data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and (2) allows appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the Secretary, be procured by the Department to satisfy Department requirements and technology development goals. (b) Elements \nIf the Secretary of Defense carries out the pilot program under subsection (a), the data repositories established under the program— (1) may include unclassified training quality data sets and associated labels representative of diverse types of information, representing Department of Defense missions, business processes, and activities; and (2) shall— (A) be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions; (B) be made available to appropriate public and private sector organizations to support rapid development of software and artificial intelligence capabilities; (C) include capabilities and tool sets to detect, evaluate, and correct errors in data annotation, identify gaps in training data used in model development that would require additional data labeling, and evaluate model performance across the life cycle of the data repositories; and (D) be developed to support other missions and activities as determined by the Secretary. (c) Briefing \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) whether the Secretary intends to carry out the pilot program under this section; (2) if the Secretary does not intend to carry out the pilot program, an explanation of the reasons for such decision; (3) if the Secretary does intend to carry out the pilot program, or if the Secretary has already initiated the pilot program as of the date of the briefing— (A) the types of information the Secretary determines are feasible and advisable to include in the data repositories described in subsection (a); and (B) the progress of the Secretary in carrying out the program.", "id": "H2C6E6BA56C2944128B4EBBA4A55513F0", "header": "Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense" }, { "text": "233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations \n(a) Plans \n(1) In general \nNot later than 180 days after enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a plan for a pilot program for the deployment of telecommunications infrastructure to facilitate the availability of fifth-generation wireless telecommunications services on military installations under the jurisdiction of the Secretary. (2) Plan elements \nEach plan submitted under paragraph (1) by a Secretary of a military department shall include, with respect to such military department, the following: (A) A list of military installations at which the pilot program will be carried out, including at least one military installation of the department. (B) A description of authorities that will be used to execute the pilot program. (C) A timeline for the implementation and duration of the pilot program. (D) The identity of each telecommunication carrier that intends to use the telecommunications infrastructure deployed pursuant to the pilot to provide fifth-generation wireless telecommunication services at each of the military installations listed under subparagraph (A). (E) An assessment of need for centralized processes and points of contacts to facilitate deployment of the telecommunications infrastructure. (b) Pilot programs required \nNot later than one year after the date of the enactment of this Act, each Secretary of a military department shall establish a pilot program in accordance with the plan submitted by the Secretary under subsection (a)(1). (c) Reports \n(1) In general \nNot later than 180 days after the date on which a Secretary of a military department commences a pilot program under subsection (b), and not less frequently than once every 180 days thereafter until the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. (2) Contents \nEach report submitted under paragraph (1) for a pilot program shall include the following: (A) A description of the status of the pilot program at each military installation at which the pilot program is carried out. (B) A description of the use of, and services provided by, telecommunications carriers of the telecommunications infrastructure at each military installation under the pilot program. (C) Such additional information as the Secretary of the military department considers appropriate. (d) Telecommunications infrastructure defined \nIn this section, the term telecommunications infrastructure includes, at a minimum, the following: (1) Macro towers. (2) Small cell poles. (3) Distributed antenna systems. (4) Dark fiber. (5) Power solutions.", "id": "H92504F061C9D4ECD939B1CD519087E23", "header": "Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations" }, { "text": "234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis \n(a) Limitation \nThe Secretary of the Army may not enter into a contract for the development of a physical prototype for the Optionally Manned Fighting Vehicle or any other next-generation infantry fighting vehicle of the Army until a period of 30 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report required under subsection (b). (b) Report required \n(1) In general \nThe Secretary of the Army shall submit to the congressional defense committees a report on the analysis supporting the determination of formal requirements or desired characteristics for the Optionally Manned Fighting Vehicle refined through the concept and detailed design phases of the acquisition strategy. (2) Elements \nThe report required by paragraph (1) shall include the following: (A) A detailed description of the formal requirements applicable to the Optionally Manned Fighting Vehicle or desired characteristics guiding the physical prototyping phase of the program. (B) A description of the analysis conducted to finalize such requirements and characteristics. (C) A description of Optionally Manned Fighting Vehicle-equipped force structure designs and the operational concepts analyzed during the vehicle concept design and detailed design phases. (D) A detailed description of the analysis conducted, trade-offs considered, and conclusions drawn with respect to the force structure designs and operational concepts, survivability, mobility, lethality, payload, and combat effectiveness in execution of the critical operational tasks required of fighting-vehicle-equipped infantry. (E) An assessment and comparison of the combat effectiveness (including survivability, mobility, and lethality) of combined arms company teams equipped with Optionally Manned Fighting Vehicles compared to those equipped with fully modernized Bradley Fighting Vehicles. (c) Briefing required \nAt least 30 days prior to the submission of the report under subsection (b), the Secretary of the Army shall provide to the congressional defense committees a briefing on the preliminary findings of the Secretary with respect to each element specified in subsection (b)(2). (d) Comptroller General assessment \nNot later than 60 days after the date on which the report under subsection (b) is submitted, the Comptroller General of the United States shall submit to the congressional defense committees a written assessment of the report, including— (1) an assessment of the objectivity, validity, and reliability of the Army’s analysis with respect to each element specified in subsection (b)(2); and (2) any other matters the Comptroller General determines appropriate.", "id": "HF5206B2D010E413F8B07E057FCBD3E73", "header": "Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis" }, { "text": "235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity \n(a) Limitation \n(1) In general \nThe Secretary of the Navy may not take any action described in paragraph (2) until the date on which the Director of Operational Test and Evaluation, in consultation with the Secretary of the Navy, certifies to the congressional defense committees that the use of non-test designated units to conduct flight testing will not have any appreciable effect on— (A) the cost or schedule of any naval aviation or naval aviation-related program; or (B) the efficacy of test execution, analysis, and evaluation for any such program. (2) Actions described \nThe actions described in this paragraph are the following: (A) The delegation of any operational flight test event to be conducted by a non-test designated unit. (B) Any action that would reduce, below the levels authorized and in effect on October 1, 2020, any of the following: (i) The aviation or aviation-related operational testing and evaluation capacity of the Department of the Navy. (ii) The personnel billets assigned to support such capacity. (iii) The aviation force structure, aviation inventory, or quantity of aircraft assigned to support such capacity, including rotorcraft and fixed-wing aircraft. (b) Report required \nNot later than September 1, 2022, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that assesses each of the following as of the date of the report: (1) The design and effectiveness of the testing and evaluation infrastructure and capacity of the Department of the Navy, including an assessment of whether such infrastructure and capacity is sufficient to carry out the acquisition and sustainment testing required for the aviation-related programs of the Department of Defense and the naval aviation-related programs of the Department of the Navy. (2) The plans of the Secretary of the Navy to reduce the testing and evaluation capacity and infrastructure of the Navy with respect to naval aviation in fiscal year 2022 and subsequent fiscal years, as specified in the budget of the President submitted to Congress on May 28, 2021. (3) The technical, fiscal, and programmatic issues and risks associated with the plans of the Secretary of the Navy to delegate and task non-test designated operational naval aviation units and organizations to efficiently and effectively execute, analyze, and evaluate testing and evaluation master plans for all aviation-related programs and projects of the Department of the Navy. (c) Non-test designated unit defined \nIn this section, the term non-test designated unit means a naval aviation unit that does not have designated as its primary mission operational testing and evaluation in support of naval aviation or naval aviation-related projects and programs.", "id": "H8939979F080B4584B5605EEC30F22A19", "header": "Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity" }, { "text": "236. Limitation on availability of funds for certain C–130 aircraft \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to procure a C–130 aircraft for testing and evaluation as a potential replacement for the E–6B aircraft until the date on which all of the following conditions are met: (1) The Secretary of the Navy has submitted to the congressional defense committees a report that includes— (A) the unit cost of each such C–130 test aircraft; (B) the life cycle sustainment plan for such C–130 aircraft; (C) a statement indicating whether such C–130 aircraft will be procured using multiyear contracting authority under section 2306b of title 10, United States Code; and (D) the total amount of funds needed to complete the procurement of such C–130 aircraft. (2) The Secretary of the Navy has certified to the congressional defense committees that C–130 aircraft in the inventory of the Air Force as of the date of the enactment of this Act would not be capable of fulfilling all requirements under the E–6B aircraft program of record. (3) The Commander of the United States Strategic Command has submitted to the congressional defense committees a report identifying the plan for hardware that will replace the E–6B aircraft while fulfilling all requirements under the E–6B program of record.", "id": "H505495AF5CAC4873817D1D86C19D59F9", "header": "Limitation on availability of funds for certain C–130 aircraft" }, { "text": "237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation \n(a) Documentation required \nNot later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees an integrated master schedule that has been approved by the Secretary for the VC–25B presidential aircraft recapitalization program of the Air Force. (b) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force for the VC–25B aircraft, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required under subsection (a).", "id": "H6DC30717A539479387C3AE680A3FDF88", "header": "Limitation on availability of funds for VC–25B aircraft program pending submission of documentation" }, { "text": "238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for research, development, test, and evaluation for the Army for the High Accuracy Detection and Exploitation System, not more than 75 percent may be obligated or expended until the Vice Chairman of the Joint Chiefs of Staff certifies to the congressional defense committees that— (1) the High Accuracy Detection and Exploitation System enables multi-domain operations for the Army and is consistent with the Joint All Domain Command and Control strategy of the Department of Defense; and (2) in a conflict, the System will be able to operate at standoff distances for survivability against enemy air defenses, while providing signals intelligence, electronic intelligence, communications intelligence, or synthetic aperture radar or moving target indicator information to the ground component commander, consistent with planned operational concepts.", "id": "HA6C3DD8DD7054023A9A2EB0492740CD7", "header": "Limitation on availability of funds for the High Accuracy Detection and Exploitation System" }, { "text": "241. Modification to annual report of the Director of Operational Test and Evaluation \nSection 139(h)(2) of title 10, United States Code, is amended by striking , through January 31, 2026.", "id": "H35C25441F64B459DA69769275FE839C8", "header": "Modification to annual report of the Director of Operational Test and Evaluation" }, { "text": "242. Adaptive engine transition program acquisition strategy for the F–35A aircraft \n(a) In general \nNot later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Air Force, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program propulsion system into the F–35A aircraft. (b) Elements \nThe report required under subsection (a) shall include the following: (1) A competitive acquisition strategy, informed by fiscal considerations, to— (A) integrate the Adaptive Engine Transition Program propulsion system into the F–35A aircraft; and (B) begin, not later than fiscal year 2027, activities to retrofit all F–35A aircraft with such propulsion system. (2) An implementation plan to implement such strategy. (3) A schedule annotating pertinent milestones and yearly fiscal resource requirements for the implementation of such strategy.", "id": "HF25A7F391AC44EECAE60406D51CF2F0A", "header": "Adaptive engine transition program acquisition strategy for the F–35A aircraft" }, { "text": "243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft \n(a) In general \nNot later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Navy, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of an advanced propulsion system into F–35B and F–35C aircraft. (b) Elements \nThe report required under subsection (a) shall include the following: (1) An analysis the effects of an advanced propulsion system on the combat effectiveness and sustainment costs of F–35B and F–35C aircraft, including any effects resulting from— (A) increased thrust, fuel efficiency, thermal capacity, and electrical generation; and (B) improvements in acceleration, speed, range, and overall mission effectiveness. (2) An assessment of how the integration of an advanced propulsion system may result in— (A) a reduction in dependency on support assets, including air refueling and replenishment tankers; and (B) an overall cost benefit to the Department from reduced acquisition and sustainment for such support assets. (3) A competitive acquisition strategy (informed by fiscal considerations, the assessment of combat effectiveness under paragraph (1), and consideration of technical limitations)— (A) to integrate an advanced propulsion system into F–35B aircraft and F–35C aircraft; (B) to begin, not later than fiscal year 2027, activities to produce all F–35B aircraft and all F–35C aircraft with such propulsion systems; and (C) to begin, not later than fiscal year 2027, activities to retrofit all F–35B aircraft and all F–35C aircraft with such propulsion systems. (c) Advanced propulsion system defined \nIn this section, term advanced propulsion system means— (1) a derivative of the propulsion system developed for the F–35 aircraft under the Adaptive Engine Transition Program of the Air Force; or (2) a derivative of a propulsion system previously developed for the F–35 aircraft.", "id": "HB2608942C9A444B8B985919550F86E0C", "header": "Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft" }, { "text": "244. Assessment of the development and test enterprise of the Air Force Research Laboratory \n(a) Assessment required \nThe Secretary of the Air Force shall conduct an assessment of the ability of the Air Force Research Laboratory to effectively carry out development and testing activities with respect to the capabilities of the Space Force specific to space access and space operations. (b) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). The report shall include an explanation of— (1) any challenges to the development and testing capabilities of the Air Force Research Laboratory as described subsection (a), including any challenges relating to test activities and infrastructure; (2) any changes to the organizational structure of the Laboratory that may be needed to enable the laboratory to adequately address the missions of both the Space Force and the Air Force generally, and the amount of funding, if any, required to implement such changes; (3) any barriers to the recapitalization of the testing infrastructure of the Laboratory; and (4) the plans of the Secretary to address the issues identified under paragraphs (1) through (3).", "id": "HB96455195AA24D4592B88FBB8C799F5A", "header": "Assessment of the development and test enterprise of the Air Force Research Laboratory" }, { "text": "245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories \n(a) Study required \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a study on the resources and capabilities of the test and evaluation organizations, facilities, and laboratories of the Department of Defense. (2) Participation \nParticipants in the study conducted under paragraph (1) shall include the following: (A) Such members of the Defense Science Board as the Chairman of the Board considers appropriate for the study. (B) Such additional temporary members or contracted support as the Secretary— (i) selects from those recommended by the Chairman for purposes of the study; and (ii) considers to have significant technical, policy, or military expertise relevant to defense test and evaluation missions. (3) Elements \nThe study conducted under paragraph (1) shall include the following: (A) Assessment of the effectiveness of current developmental testing, operational testing, and integrated testing within the Department of Defense in meeting statutory objectives and the test and evaluation requirements of the Adaptive Acquisition Framework. (B) Identification of industry and government best practices for conducting developmental testing, operational testing, and integrated testing. (C) Potential applicability of industry and government best practices for conducting developmental testing, operational testing, and integrated testing within the Department to improve test and evaluation outcomes. (D) Identification of duplication of efforts and other non- or low-value added activities that reduce speed and effectiveness of test and evaluation activities. (E) Assessment of test and evaluation oversight organizations within the Office of the Secretary of Defense, including their authorities, responsibilities, activities, resources, and effectiveness, including with respect to acquisition programs of the military departments and Defense Agencies. (F) Assessment of the research, development, test, and evaluation infrastructure master plan required under section 252 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note). (F) Development and assessment of potential courses of action to improve the effectiveness of oversight of developmental testing, operational testing, and integrated testing activities, and test and evaluation resources within the Office of the Secretary of Defense, including as one such course of action establishing a single integrated office with such responsibilities. (G) Development of such recommendations as the Defense Science Board may have for legislative changes, authorities, organizational realignments, and administrative actions to improve test and evaluation oversight and capabilities, and facilitate better test and evaluation outcomes. (H) Such other matters as the Secretary considers appropriate. (4) Access to information \nThe Secretary of Defense shall provide the Defense Science Board with timely access to appropriate information, data, resources, and analysis so that the Board may conduct a thorough and independent analysis as required under this subsection. (5) Report \n(A) Report of Board \nNot later than one year after the date on which the Secretary of Defense directs the Defense Science Board to conduct the study under paragraph (1), or December 1, 2022, whichever occurs earlier, the Board shall transmit to the Secretary a final report on the study. (B) Submittal to Congress \nNot later than 30 days after the date on which the Secretary of Defense receives the final report under subparagraph (A), the Secretary shall submit to the congressional defense committees such report and such comments as the Secretary considers appropriate. (b) Briefing required \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the schedule and plan to execute activities under this section.", "id": "H2EA3506B18914448806CC1E96D3BDBF7", "header": "Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories" }, { "text": "246. Report on autonomy integration in major weapon systems \n(a) Report required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on activities to resource and integrate autonomy software into appropriate systems to enable the continued operational capability of such systems in GPS-denied environments by fiscal year 2025. (b) Elements \nThe report required under subsection (a) shall include— (1) a list of systems, to be selected by the Secretary of Defense, which can be integrated with autonomy software as described in subsection (a) by fiscal year 2025; (2) timelines for integrating autonomy software into the systems as identified under paragraph (1); (3) funding requirements related to the development, acquisition, and testing of autonomy software for such systems; (4) plans to leverage advanced artificial intelligence technologies, as appropriate, for such systems; (5) plans for ensuring the safety and security of such systems equipped with autonomy software, including plans for testing, evaluation, validation, and verification of such systems; and (6) a list of Department of Defense policies in effect as of the date of the report that would need to be modified or revoked in order to implement the software integration described in subsection (a). (c) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "H7C30F75B3BAB4B519916DD78CF0A25FD", "header": "Report on autonomy integration in major weapon systems" }, { "text": "247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense \n(a) Reports required \nOn an annual basis during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense. Each such report shall include— (1) for each such recommendation, a determination of whether the Secretary of Defense intends to implement the recommendation; (2) in the case of a recommendation the Secretary intends to implement, the intended timeline for implementation, a description of any additional resources or authorities required for such implementation, and the plan for such implementation; (3) in the case of a recommendation the Secretary determines is not advisable or feasible, the analysis and justification of the Secretary in making that determination; and (4) in the case of a recommendation the Secretary determines the Department is already implementing through a separate line of effort, the analysis and justification of the Secretary in making that determination. (b) Briefings required \nNot less frequently than once each year during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) the progress of the Secretary in analyzing and implementing the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense; (2) any programs, projects, or other activities of the Department that are being carried out to advance the recommendations of the Commission; and (3) the amount of funding provided for such programs, projects, and activities.", "id": "H02ECB5ED50A14C1F9C768833E0A1F6E3", "header": "Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense" }, { "text": "301. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.", "id": "HEDAB654F728D47A99742DA2519799F9C", "header": "Authorization of appropriations" }, { "text": "311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents \n(a) National Defense Strategy and defense planning guidance \nSection 113(g) of title 10, United States Code, is amended— (1) in paragraph (1)(B)— (A) in clause (ii), by striking actors, and inserting actors, and the current or projected threats to military installation resilience, ; and (B) by inserting after clause (ix), the following new clause: (x) Strategic goals to address or mitigate the current and projected risks to military installation resilience. ; and (2) in paragraph (2)(A), in the matter preceding clause (i), by striking priorities, and inserting priorities, including priorities relating to the current or projected risks to military installation resilience,. (b) National defense sustainment and logistics review \n(1) In general \nThe first section 118a of such title is amended— (A) in subsection (a), by striking capabilities, and inserting capabilities, response to risks to military installation resilience, ; (B) by redesignating such section, as amended by subparagraph (A), as section 118b; and (C) by moving such section so as to appear after section 118a. (2) Clerical and conforming amendments \n(A) Clerical amendments \nThe table of sections for chapter 2 of such title is amended— (i) by striking the first item relating to section 118a; and (ii) by inserting after the item relating to section 118a the following new item: 118b. National Defense Sustainment and Logistics Review.. (B) Conforming amendment \nSection 314(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking section 118a and inserting section 118b. (c) Chairman’s risk assessment \nSection 153(b)(2)(B) of title 10, United States Code, is amended by inserting after clause (vi) the following new clause: (vii) Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.. (d) Strategic decisions relating to military installations \nThe Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the strategic risks associated with military installation resilience. (e) National Defense Strategy and National Military Strategy \nThe Secretary of Defense, in coordination with the heads of such other Federal agencies as the Secretary determines appropriate, shall incorporate the security implications of military installation resilience into the National Defense Strategy and the National Military Strategy. (f) National security planning documents \nThe Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security implications associated with military installation resilience in developing the Defense Planning Guidance under section 113(g)(2) of title 10, United States Code, the Risk Assessment of the Chairman of the Joint Chiefs of Staff under section 153(b)(2) of such title, and other relevant strategy, planning, and programming documents and processes. (g) Campaign plans of combatant commands \nThe Secretary of Defense shall ensure that the national security implications associated with military installation resilience are integrated into the campaign plans of the combatant commands. (h) Report on security implications associated with military installation resilience \n(1) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing how the aspects of military installation resilience have been incorporated into modeling, simulation, war-gaming, and other analyses by the Department of Defense. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (i) Modification to annual report related to installations energy management, energy resilience, and mission assurance and readiness \n(1) Modification \nSection 2925(a) of title 10, United States Code, is amended— (A) by redesignating paragraph (8) as paragraph (10); and (B) by inserting after paragraph (7) the following new paragraphs: (8) A description of the effects on military readiness, and an estimate of the financial costs to the Department of Defense, reasonably attributed to adverse impacts to military installation resilience during the year preceding the submission of the report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities of the Department. (9) An assessment of vulnerabilities to military installation resilience.. (2) Use of assessment tool \nThe Secretary shall use the Climate Vulnerability and Risk Assessment Tool of the Department (or such successor tool) in preparing each report under section 2925(a) of title 10, United States Code (as amended by paragraph (1)). (j) Definitions \nIn this section: (1) The term military installation resilience has the meaning given that term in section 101(e) of title 10, United States Code. (2) The term National Defense Strategy means the national defense strategy under section 113(g)(1) of such title. (3) The term National Military Strategy means the national military strategy under section 153(b) of such title.", "id": "HE4A5FF548C764E1C9BD35D1AAF3198BD", "header": "Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents" }, { "text": "312. Energy efficiency targets for Department of Defense data centers \n(a) Energy efficiency targets for data centers \n(1) In general \nSubchapter I of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section: 2921. Energy efficiency targets for data centers \n(a) Covered data centers \n(1) For each covered data center, the Secretary of Defense shall— (A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals; (D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and (E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C). (2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy. (3) In this subsection, the term covered data center means a data center of the Department of Defense that— (A) is one of the 50 data centers of the Department with the highest annual power usage rates; and (B) has been established before the date of the enactment of this section. (b) New data centers \n(1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include— (A) power usage effectiveness standards; (B) water usage effectiveness standards; and (C) any other energy or resiliency standards the Secretary determines are appropriate. (2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary— (A) determines that such waiver is in the national security interest of the United States; and (B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.. (2) Clerical amendment \nThe table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2920 the following new item: 2921. Energy efficiency targets for data centers.. (b) Inventory of data facilities \n(1) Inventory required \nBy not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an inventory of all data centers owned or operated by the Department of Defense. Such survey shall include the following: (A) A list of data centers owned or operated by the Department of Defense. (B) For each such data center, the earlier of the following dates: (i) The date on which the data center was established. (ii) The date of the most recent capital investment in new power, cooling, or compute infrastructure at the data center. (C) The total average annual power use, in kilowatts, for each such data center. (D) The number of data centers that measure power usage effectiveness and, for each such data center, the power usage effectiveness for the center. (E) The number of data centers that measure water usage effectiveness and, for each such data center, the water usage effectiveness for the center. (F) A description of any other existing energy efficiency or efficient water usage metrics used by any data center and the applicable measurements for any such center. (G) An assessment of the facility resiliency of each data center, including redundant power and cooling facility infrastructure. (H) Any other matters determined relevant by the Secretary. (c) Report \nNot later than 180 days after the completion of the inventory required under subsection (b), the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives a report on the inventory and the energy assessment targets under section 2921(a) of title 10, United States Code, as added by subsection (a). Such report shall include the following: (1) A timeline of necessary actions required to meet the energy assessment targets for covered data centers. (2) The estimated costs associated with meeting such targets. (3) An assessment of the business case for meeting such targets, including any estimated savings in operational energy and water costs and estimated reduction in energy and water usage if the targets are met. (4) An analysis of any statutory, regulatory, or policy barriers to meeting such targets identified pursuant to section 2921(a)(E) of title 10, United States Code, as added by subsection (a). (d) Data center defined \nIn this section, the term data center has the meaning given such term in the most recent Integrated Data Collection guidance of the Office of Management and Budget.", "id": "H7377F2D77E294620A5DAE85FF0118994", "header": "Energy efficiency targets for Department of Defense data centers" }, { "text": "2921. Energy efficiency targets for data centers \n(a) Covered data centers \n(1) For each covered data center, the Secretary of Defense shall— (A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals; (D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and (E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C). (2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy. (3) In this subsection, the term covered data center means a data center of the Department of Defense that— (A) is one of the 50 data centers of the Department with the highest annual power usage rates; and (B) has been established before the date of the enactment of this section. (b) New data centers \n(1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include— (A) power usage effectiveness standards; (B) water usage effectiveness standards; and (C) any other energy or resiliency standards the Secretary determines are appropriate. (2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary— (A) determines that such waiver is in the national security interest of the United States; and (B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.", "id": "H4D5F04019E96436F9D811E15F5A011F4", "header": "Energy efficiency targets for data centers" }, { "text": "313. Grants for maintaining or improving military installation resilience \nSection 2391 of title 10, United States Code, is amended— (1) in subsection (b)(5), by adding at the end the following new subparagraph: (D) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to assist a State or local government in planning, enhancing infrastructure, and implementing measures and projects (to include resilience measures and projects involving the protection, restoration, and maintenance of natural features) that, as determined by the Secretary of Defense, will contribute to maintaining or improving military installation resilience or will prevent or mitigate encroachment that could affect operations of the Department of Defense. ; and (2) in subsection (e)(1), by striking subsection (b)(1)(D) and inserting paragraphs (1)(D) and (E) and (5)(D) of subsection (b) and subsection (d).", "id": "H4FCBBF009EB8424FBF664ADAC28A558B", "header": "Grants for maintaining or improving military installation resilience" }, { "text": "314. Maintenance of current analytical tools in evaluating energy resilience measures \n(a) In general \nSection 2911 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Assessment of life-cycle costs and performance of potential energy resilience projects \n(1) Subject to the availability of appropriations, the Secretary of Defense shall develop and institute a process to ensure that the Department of Defense, when evaluating energy resilience measures, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures. (2) Analytical tools used under paragraph (1) shall be— (A) designed to— (i) provide an accurate projection of the costs and performance of the energy resilience measure being analyzed; (ii) be used without specialized training; and (iii) produce resulting data that is understandable and usable by the typical source selection official; (B) consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry; (C) adaptable to accommodate a rapidly changing technological environment; (D) peer reviewed for quality and precision and measured against the highest level of development for such tools; and (E) periodically reviewed and updated, but not less frequently than once every three years.. (b) Reporting requirement \nIf amounts are appropriated to carry out the requirements under subsection (i) of section 2911 of title 10, United States Code, as added by subsection (a), not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the execution by the Secretary of such requirements.", "id": "HB4F373CF9A144573B14F626674A55D4D", "header": "Maintenance of current analytical tools in evaluating energy resilience measures" }, { "text": "315. Authority to transfer amounts derived from energy cost savings \nSection 2912 of title 10, United States Code, is amended— (1) in subsection (a), by striking until expended and inserting for that fiscal year and the succeeding fiscal year ; and (2) by adding at the end the following new subsection: (e) Transfer of amounts \n(1) The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation to other funding accounts of the Department of Defense if the purpose for which such amounts will be used is a purpose specified in subsection (b) or (c). (2) Amounts transferred to a funding account of the Department under paragraph (1) shall be available for obligation for the same period as amounts in that account. (3) At the end of each fiscal year, the Secretary of Defense shall submit to Congress a report detailing any funds transferred pursuant to paragraph (1) during that fiscal year, including a detailed description of the purpose for which such amounts have been used..", "id": "H1DD48139A5FF42D785A209395919DE5E", "header": "Authority to transfer amounts derived from energy cost savings" }, { "text": "316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States \nSection 317(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2701 note) is amended by adding at the end the following new paragraphs: (3) Exemption authority for certain locations \n(A) In general \nThe Secretary may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount interest of the United States to do so. (B) Nondelegation \nThe Secretary may not delegate the authority under subparagraph (A). (4) Reporting requirement for location exemptions \n(A) In general \nNot later than 30 days after granting an exemption pursuant to paragraph (3)(A) with respect to the use of an open-air burn pit at a location, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report that identifies— (i) the location of the open-air burn pit; (ii) the number of personnel of the United States assigned to the location where the open-air burn pit is being used; (iii) the size and expected duration of use of the open-air burn pit; (iv) the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when airborne hazards are present, including how such equipment will be provided when required; and (v) the need for the open-air burn pit and rationale for granting the exemption. (B) Form \nA report submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex..", "id": "HF21FFBF8ADD54266AB4376109EB443C6", "header": "Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States" }, { "text": "317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience \n(a) In general \nSection 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note) is amended— (1) in subsection (a), in the first sentence, by inserting and restore after to preserve ; (2) in subsection (c)— (A) by inserting resilience, after benefit of conservation, ; and (B) by inserting , resilience, after land management ; (3) in subsection (d), in the second sentence, by inserting by an eligible landowner or agricultural producer after Participation ; (4) by redesignating subsection (e) as subsection (f); (5) by inserting after subsection (d) the following new subsection (e): (e) Participation by other agencies \nOther Federal agencies with programs addressing conservation or resilience may, and are encouraged to— (1) participate in the activities of the Sentinel Landscapes Partnership; and (2) become full partners in the Sentinel Landscapes Partnership. ; and (6) in subsection (f), as redesignated by paragraph (4), by adding at the end the following new paragraph: (4) Resilience \nThe term resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfire, or other anticipated or unanticipated changes in environmental conditions.. (b) Inclusion of program information in certain annual reports \nSection 2684a(g)(2) of title 10, United States Code, is amended— (1) by redesignating subparagraph (E) as subparagraph (F); and (2) by inserting after subparagraph (D) the following new subparagraph: (E) Information concerning the activities undertaken pursuant to the Sentinel Landscapes Partnership established under section 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note).. (c) Conservation and cultural activities \nSection 2694 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting or involves a sentinel landscape before the semicolon; and (ii) in subparagraph (B), by inserting or that would contribute to maintaining or improving military installation resilience before the semicolon; and (B) in paragraph (2)— (i) in subparagraph (A), by inserting or nature-based climate resilience plans before the period; and (ii) in subparagraph (F)— (I) in clause (i)— (aa) by striking single ecosystem that encompasses and inserting “single ecosystem— (I) that encompasses ; (bb) by redesignating clause (ii) as subclause (II) and moving such subclause, as so redesignated, two ems to the right; and (cc) in subclause (II), as redesignated by item (bb), by striking the period at the end and inserting ; or ; and (II) by adding at the end the following new clause (ii): (ii) for one or more ecosystems within a sentinel landscape. ; and (2) by adding at the end the following new subsection: (e) Sentinel landscape defined \nIn this section, the term sentinel landscape has the meaning given that term in section 317(f) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note)..", "id": "H2A6B6CC59E9E43F7AB248EADCE9F9576", "header": "Expansion of purposes of Sentinel Landscapes Partnership program to include resilience" }, { "text": "318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i \n(a) Sense of Congress \nIn order to fully effectuate national security, assure the maximum safe utilization of the Red Hill Bulk Fuel Storage Facility in Honolulu, Hawai‘i, and fully address concerns as to potential impacts of the facility on public health, it is the sense of Congress that the Secretary of the Navy and the Defense Logistics Agency should— (1) operate and maintain the Red Hill Bulk Fuel Storage Facility to the highest standard possible; and (2) require safety inspections to be conducted more frequently based on the corrosion rate of the piping and overall condition of the pipeline system and support equipment at the facility. (b) Inspection requirement \n(1) Inspection required \nThe Secretary of the Navy shall direct the Naval Facilities Engineering Command to conduct an inspection of the pipeline system, supporting infrastructure, and appurtenances, including valves and any other corrosion prone equipment, at the Red Hill Bulk Fuel Storage Facility. (2) Inspection agent; standards \nThe inspection required by this subsection shall be performed— (A) by an independent American Petroleum Institute certified inspector who will present findings of the inspection and options to the Secretary of the Navy for improving the integrity of the Red Hill Bulk Fuel Storage Facility and its appurtenances; and (B) in accordance with the Unified Facilities Criteria (UFC-3-460-03) and American Petroleum Institute 570 inspection standards. (3) Exception \nThe inspection required by this subsection excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility. (c) Life-cycle sustainment plan \nIn conjunction with the inspection required by subsection (b), the Naval Facilities Engineering Command shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel Storage Facility, which shall consider the current condition and service life of the tanks, pipeline system, and support equipment. (d) Consideration of alternatives to Red Hill Bulk Fuel Storage Facility \nThe Secretary of Defense shall conduct an assessment of possible alternatives to the Red Hill Bulk Fuel Storage Facility for bulk fuel storage, including consideration of at least three locations outside of the State of Hawai‘i. The assessment shall be based on the overall requirement to support the fuel requirements of the Pacific Fleet, the costs and timeline for recapitalization of the Red Hill Bulk Fuel Storage Facility to the standards delineated in subsection (b)(2)(B), and the costs and timeline to establish an alternative location for secure bulk fuel storage. (e) Reporting requirement \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing— (1) the results of the independent inspection of the Red Hill Bulk Fuel Storage Facility conducted under subsection (b); (2) the life-cycle sustainment plan prepared by the Naval Facilities Engineering Command under subsection (c); (3) the results of the assessment conducted by the Secretary under subsection (d) of possible alternatives to the Red Hill Bulk Fuel Storage Facility; and (4) options on improving the security and maintenance of the Red Hill Bulk Fuel Storage Facility.", "id": "H376FF7CE35024F27970C4DC7BD94178A", "header": "Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i" }, { "text": "319. Energy, water, and waste net-zero requirement for major military installations \n(a) Requirement \nThe Secretary of Defense shall improve military installation efficiency, performance, and management by ensuring that at least 10 percent of major military installations achieve energy net-zero and water or waste net-zero by fiscal year 2035. (b) Study on requirement \n(1) Study \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall seek to enter into a contract with a federally funded research and development center to carry out a study on the net-zero requirement specified in subsection (a) that assesses, at a minimum, the following: (A) Potential methods or strategies to achieve such requirement by the fiscal year 2035 deadline. (B) The resiliency of major military installations subject to such requirement with respect to grid or other utility disruptions. (C) The life-cycle costs related to such requirement. (D) Computation methods for determining such life-cycle costs. (E) Such other matters as the federally funded research and development center carrying out the study determines appropriate. (2) Deadline \nThe study under paragraph (1) shall be completed by not later than February 1, 2023. (3) Briefing \nUpon completion of the study under paragraph (1), the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the findings of the study. (c) Status report and briefings on progress toward meeting current goal regarding use of renewable energy to meet facility energy needs \n(1) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the progress the Secretary has made toward meeting the goal described in section 2911(g)(1)(A) of title 10, United States Code, with respect to fiscal year 2025. (2) Briefings \nDuring fiscal year 2022 and each succeeding fiscal year through fiscal year 2025, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the progress the Secretary has made toward meeting the goal described in section 2911(g)(1)(A) of title 10, United States Code, with respect to fiscal year 2025. (d) Major military installation defined \nIn this section, the term major military installation has the meaning given to the term large site in the most recent version of the Department of Defense Base Structure Report issued before the date of the enactment of this Act.", "id": "H56A2AA39D31B4FB284FC38DF2276030D", "header": "Energy, water, and waste net-zero requirement for major military installations" }, { "text": "320. Demonstration program on domestic production of rare earth elements from coal byproducts \n(a) Demonstration program required \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a demonstration program on recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts. (b) Partnership \nIn carrying out the demonstration program required by subsection (a), the Secretary shall seek to enter into a partnership with one or more institutions of higher education that can demonstrate techniques for recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts, as the Secretary considers applicable. (c) Elements \nThe demonstration program required by subsection (a) shall address the following: (1) The efficacy of separating rare earth elements and critical minerals from acid mine drainage. (2) The feasibility of bringing such technology to commercialized scale. (3) Domestic locations that are appropriate for the deployment of such technology. (4) The ability of such technology to meet the requirements of the defense industrial base to supplement the rare earth element and critical mineral needs of the Department of Defense. (d) Duration \nThe demonstration program required by subsection (a) shall be carried out during the one-year period beginning on the date of the commencement of the demonstration program. (e) Briefing \nNot later than 120 days after the date of the completion of the demonstration program required by subsection (a), the Secretary and the program manager of the institute of higher education with whom the Secretary partners pursuant to subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the elements of the demonstration program set forth under subsection (c).", "id": "H34D625C2A840451A9B49C0E8597760B0", "header": "Demonstration program on domestic production of rare earth elements from coal byproducts" }, { "text": "321. Long-duration demonstration initiative and joint program \n(a) Establishment of initiative \nNot later than March 1, 2022, the Secretary of Defense shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies. (b) Selection of projects \nTo the maximum extent practicable, in selecting demonstration projects to participate in the demonstration initiative under subsection (a), the Secretary of Defense shall— (1) ensure a range of technology types; (2) ensure regional diversity among projects; and (3) consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications. (c) Joint program \n(1) Establishment \nAs part of the demonstration initiative under subsection (a), the Secretary of Defense, in consultation with the Secretary of Energy, shall establish within the Department of Defense a joint program to carry out projects— (A) to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and (B) to help new, innovative long-duration energy storage technologies become commercially viable. (2) Memorandum of understanding \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a memorandum of understanding with the Secretary of Energy to administer the joint program. (3) Infrastructure \nIn carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall— (A) use existing test-bed infrastructure at— (i) installations of the Department of Defense; and (ii) facilities of the Department of Energy; and (B) develop new infrastructure for identified projects, if appropriate. (4) Goals and metrics \nThe Secretary of Defense and the Secretary of Energy shall develop goals and metrics for technological progress under the joint program consistent with energy resilience and energy security policies. (5) Selection of projects \n(A) In general \nTo the maximum extent practicable, in selecting projects to participate in the joint program, the Secretary of Defense and the Secretary of Energy may— (i) ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and (ii) ensure an appropriate balance of— (I) larger, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and (II) smaller, lower-cost projects. (B) Priority \nIn carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall give priority to demonstration projects that— (i) make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and (ii) will be carried out as field demonstrations fully integrated into the installation grid at an operational scale.", "id": "HDE5AF3324C674D418632215F75860148", "header": "Long-duration demonstration initiative and joint program" }, { "text": "322. Pilot program to test new software to track emissions at certain military installations \n(a) In general \nThe Secretary of Defense may conduct a pilot program (to be known as the Installations Emissions Tracking Program ) to evaluate the feasibility and effectiveness of software and emerging technologies and methodologies to track real-time emissions from military installations and installation assets. (b) Goals \nThe goals of the Installations Emissions Tracking Program shall be— (1) to evaluate the capabilities of software and emerging technologies and methodologies to effectively track emissions in real time; and (2) to reduce energy costs and increase efficiencies. (c) Locations \nIf the Secretary conducts the Installations Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located in different geographical regions of the United States.", "id": "HCC1A0631585B48528328ADA56AA8321E", "header": "Pilot program to test new software to track emissions at certain military installations" }, { "text": "323. Department of Defense plan to reduce greenhouse gas emissions \n(a) Plan required \nNot later than September 30, 2022, the Secretary of Defense shall submit to Congress a plan to reduce the greenhouse gas emissions of the Department of Defense. (b) Briefings \nThe Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate annual briefings on the progress of the Department of Defense toward meeting science-based emissions targets in the plan required by subsection (a).", "id": "HA1A01D0FA9474C8F9F0BF684117CDE69", "header": "Department of Defense plan to reduce greenhouse gas emissions" }, { "text": "331. Definitions \nIn this subtitle: (1) The terms climate resilience and extreme weather have the meanings given such terms in section 101(a) of title 10, United States Code, as amended by section 332. (2) The term climate security has the meaning given such term in the second subsection (e) of section 120 of the National Security Act of 1947 ( 50 U.S.C. 3060(e) ). (3) The term military installation resilience has the meaning given such term in section 101(e) of title 10, United States Code.", "id": "H05422A159B09449A9EE993C2DE412FA5", "header": "Definitions" }, { "text": "332. Climate Resilience Infrastructure Initiative of the Department of Defense \n(a) Climate Resilience Infrastructure Initiative \nChapter 136 of title 10, United States Code, is amended by adding at the end the following new section: 2285. Department of Defense Climate Resilience Infrastructure Initiative \n(a) Designation \nThe programs, practices, and activities carried out pursuant to this section shall be known collectively as the Climate Resilience Infrastructure Initiative of the Department of Defense. (b) Hardening and quick recovery \nIn carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather. (d) Sustainment and modernization \nThe Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience. (e) Collaboration in planning with local communities \nThe Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather. (f) Testing and training range lands \n(1) Practices for sustainment of lands \nThe Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes. (2) Training and education on sustainment of lands \nThe Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1). (3) Investment in resilience of lands \nThe Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term. (b) Use of certain technologies \nThe Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2285. Department of Defense Climate Resilience Infrastructure Initiative.. (c) Definitions \nSection 101(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs: (19) The term climate resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from, extreme weather, or from anticipated or unanticipated changes in environmental conditions, that do (or have the potential to) adversely affect the national security of the United States or of allies and partners of the United States. (20) The term extreme weather means recurrent flooding, drought, desertification, wildfires, thawing permafrost, sea level fluctuation, changes in mean high tides, or any other weather-related event, or anticipated change in environmental conditions, that present (or are projected to present) a recurring annual threat to the climate security of the United States or of allies and partners of the United States..", "id": "H148C8571F0A040F3B66A738756B7498B", "header": "Climate Resilience Infrastructure Initiative of the Department of Defense" }, { "text": "2285. Department of Defense Climate Resilience Infrastructure Initiative \n(a) Designation \nThe programs, practices, and activities carried out pursuant to this section shall be known collectively as the Climate Resilience Infrastructure Initiative of the Department of Defense. (b) Hardening and quick recovery \nIn carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather. (d) Sustainment and modernization \nThe Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience. (e) Collaboration in planning with local communities \nThe Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather. (f) Testing and training range lands \n(1) Practices for sustainment of lands \nThe Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes. (2) Training and education on sustainment of lands \nThe Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1). (3) Investment in resilience of lands \nThe Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term. (b) Use of certain technologies \nThe Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment.", "id": "H33C7FAF5CC3A414590238E564CA28858", "header": "Department of Defense Climate Resilience Infrastructure Initiative" }, { "text": "333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base \nSection 2504(3)(B) of title 10, United States Code, is amended by inserting (including vulnerabilities related to the current and projected impacts of extreme weather and to cyber attacks or disruptions) after industrial base.", "id": "H5DB2F52848824B8486BA0A4C173DE0B7", "header": "Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base" }, { "text": "334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense \n(a) Climate challenges and climate resilience in key processes of Department of Defense \nThe Secretary of Defense shall direct that the acquisition, budget planning and execution, infrastructure planning and sustainment, force development, engagement strategy development, security assistance, and other core processes of the Department of Defense fully consider and make needed adjustments to account for current and emerging climate and environmental challenges and to ensure the climate resilience of assets and capabilities of the Department, to include cost effectiveness over the life cycle of the investment weighed against threat reduction. (b) Climate resilience mission impact assessment \n(1) In general \nThe Secretary shall conduct a mission impact assessment on climate resilience for the Department. (2) Elements \nThe assessment conducted under paragraph (1) shall include the following: (A) An assessment of the direct impacts of extreme weather on the deployment and operations of the Armed Forces, and the manner in which extreme weather may impact the requirements of the commanders of the combatant commands in the respective areas of responsibility of such commanders, including— (i) an assessment of the evolving posture of peer competitors and impacts to deployment and operations of peer competitors due to extreme weather; (ii) an assessment of the impacts of expanding requirements for Department humanitarian assistance and disaster response due to extreme weather; (iii) a threat assessment of the impacts of extreme weather, drought, and desertification on regional stability; (iv) an assessment of risks to home station strategic and operational support area readiness, including the strategic highway network, the strategic rail network, and strategic air and sea ports; and (v) the development of standards for data collection to assist decision-making processes for research, development, and acquisition priorities for installation and infrastructure resilience to extreme weather. (B) A long-term strategic plan, including war games and exercises, centered on climate-driven crises, and a long-term assessment of climate security by the Office of Net Assessment of the Department. (C) A review outlining near-term and long-term needs for research, development, and deployment for equipment and other measures required to assure the resilience of the assets and capabilities of the Department and each component thereof, and of key elements of the defense industrial base and supporting transportation networks, to the impacts of extreme weather. (c) Reports \n(1) In general \nNot later than one year after the date of the enactment of this Act, and every five years thereafter, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the broader strategic and operational impacts of extreme weather on the Department, measures to address such impacts, and progress in implementing new technologies and platforms, training and education methods, and data collection and dissemination for each military department to meet the respective mission requirements of the department. (2) Research, development, and deployment needs \nEach report required by paragraph (1) shall identify research, development, and deployment needs for each combatant command and functional command.", "id": "H73FC9DDD51DC4F6A95CB745EA870B75A", "header": "Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense" }, { "text": "335. Assessment of climate risks to infrastructure of Department of Defense \n(a) In general \nThe Secretary of Defense shall direct the Secretary of each military department to— (1) assess the vulnerability of installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, to the current and projected impacts of extreme weather, using vulnerability and risk assessment tools chosen or developed pursuant to section 326 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1310); (2) assess the infrastructure required for successful operation of such installations and facilities in response to any such vulnerabilities and ensure the military installation resilience of such installations and facilities; and (3) develop installation-specific plans pursuant to section 2864(c) of title 10, United States Code, and similar plans for State-owned National Guard installations, to address such vulnerabilities. (b) Facility assessment \nIn carrying out subsection (a), the Secretary of each military department shall determine the needs of the military installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, based on the level of risks posed by the current and projected impacts of extreme weather, the likelihood of such risks, and the role of such installations and facilities in maintaining overall readiness and operational capability. (c) Considerations \nIn carrying out the assessments and developing the plans required under this section, the Secretary of Defense shall ensure that the cost effectiveness over the life-cycle of the investment, and the feasibility of solutions and technologies, are considered.", "id": "H6966B3BC556045FDBE3F69A60E990156", "header": "Assessment of climate risks to infrastructure of Department of Defense" }, { "text": "341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances \n(a) In general \nChapter 160 of title 10, United States Code, is amended by adding at the end the following new sections: 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force \n(a) In general \nThe Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ). (b) Membership \nThe members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) The Assistant Secretary of Defense for Health Affairs. (c) Chairman \nThe Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force. (d) Support \nThe Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties \nThe duties of the PFAS Task Force are the following: (1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. (2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances. (3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report \nNot later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (g) Definitions \nIn this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard \n(a) In general \nNot later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Determination of contamination \nTesting conducted under subsection (a) at a military installation or facility of the National Guard shall determine— (1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and (2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. (c) Additional response actions \nTesting conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. (d) Type of testing \nWhen testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (e) Definitions \nIn this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of this title. (2) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given such terms in section 2714 of this title.. (b) Clerical amendment \nThe table of sections for such chapter is amended by adding at the end the following new items: 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard.. (c) Reports on status of testing \n(1) Submission \nFor each of fiscal years 2022 through 2024, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the status of the testing conducted under section 2715(a) of title 10, United States Code (as added by subsection (a)), during such year. (2) Matters \nEach report submitted under paragraph (1) shall identify, with respect to testing conducted under such section 2715(a)— (A) each military installation or facility where testing has been completed; (B) each military installation or facility where testing has not yet been completed; (C) the projected completion date for testing at military installations or facilities where testing has not yet been completed; (D) the results of testing at military installations or facilities where testing has been completed; and (E) the actions planned, and the projected timelines for such actions, for each military installation or facility to address contamination by a perfluoroalkyl substance or polyfluoroalkyl substance. (3) Timing \nEach report under paragraph (1) shall be submitted not later than January 1 of the fiscal year immediately following the fiscal year covered by the report. (4) Limitation on delegation \nThe Secretary may delegate the responsibility for preparing the reports required by paragraph (1) only to the Deputy Secretary of Defense. (5) Definitions \nIn this subsection, the terms military installation , perfluoroalkyl substance , and polyfluoroalkyl substance have the meanings given such terms in section 2715 of title 10, United States Code (as added by subsection (a)).", "id": "H27713574AF7C4AE080C8EF9E82E1D3F9", "header": "Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances" }, { "text": "2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force \n(a) In general \nThe Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ). (b) Membership \nThe members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) The Assistant Secretary of Defense for Health Affairs. (c) Chairman \nThe Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force. (d) Support \nThe Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties \nThe duties of the PFAS Task Force are the following: (1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. (2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances. (3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report \nNot later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (g) Definitions \nIn this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.", "id": "HC61CE1894BCC4D54B9B28F41AEBA44B3", "header": "Perfluoroalkyl substances and polyfluoroalkyl substances task force" }, { "text": "2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard \n(a) In general \nNot later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Determination of contamination \nTesting conducted under subsection (a) at a military installation or facility of the National Guard shall determine— (1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and (2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. (c) Additional response actions \nTesting conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. (d) Type of testing \nWhen testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (e) Definitions \nIn this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of this title. (2) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given such terms in section 2714 of this title.", "id": "HC9BBBC097F9C4BE4B37ECFD679253B6B", "header": "Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard" }, { "text": "342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry \nSection 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1307), and section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking fiscal years 2019, 2020, and 2021 and inserting fiscal years 2019 through 2023.", "id": "H6B2F6A0C35B14B99B6DABAC94DA9F085", "header": "Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry" }, { "text": "343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam \n(a) Temporary moratorium \nBeginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following: (1) The date on which the Secretary issues guidance implementing— (A) the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 ( 15 U.S.C. 8961 ); and (B) section 330 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note). (2) The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register a final rule regarding the destruction and disposal of such materials pursuant to such section. (b) Required adoption of final rule \nUpon publication of the final rule specified in subsection (a)(2), the Secretary shall adopt such final rule, regardless of whether the Secretary previously implemented the interim guidance specified in subsection (a)(1)(A). (c) Report \nNot later than one year after the enactment of this Act, and annually thereafter for three years, the Secretary shall submit to the Administrator and the Committees on Armed Services of the Senate and the House of Representatives a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including— (1) the total amount of covered materials incinerated; (2) the temperature range specified in the permit where the covered materials were incinerated; (3) the locations and facilities where the covered materials were incinerated; (4) details on actions taken by the Department of Defense to implement section 330 of the National Defense Authorization Act for Fiscal Year 2020; and (5) recommendations for the safe storage of PFAS and PFAS-containing materials prior to destruction and disposal. (d) Scope \nThe prohibition in subsection (a) and reporting requirements in subsection (c) shall apply not only to materials sent directly by the Department of Defense to an incinerator, but also to materials sent to another entity or entities, including any waste processing facility, subcontractor, or fuel blending facility, prior to incineration. (e) Definitions \nIn this section: (1) The term AFFF means aqueous film forming foam. (2) The term covered material means any AFFF formulation containing PFAS, material contaminated by AFFF release, or spent filter or other PFAS-contaminated material resulting from site remediation or water filtration that— (A) has been used by the Department of Defense or a military department; (B) is being discarded for disposal by the Department of Defense or a military department; or (C) is being removed from sites or facilities owned or operated by the Department of Defense. (3) The term PFAS means per- or polyfluoroalkyl substances.", "id": "H7BFE53B05D3D42CBB30D29B7D9D91064", "header": "Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam" }, { "text": "344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam \n(a) Review required \nNot later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of the efforts of the Department of Defense to prevent or mitigate spills of aqueous film-forming foam (in this section referred to as AFFF ). Such review shall assess the following: (1) The preventative maintenance guidelines for fire trucks of the Department and fire suppression systems in buildings of the Department, to mitigate the risk of equipment failure that may result in a spill of AFFF. (2) Any requirements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity of the Department that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment. (3) The methods by which the Secretary ensures compliance with guidance specified in material safety data sheets with respect to the use of such personal protective equipment. (b) Guidance \nNot later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance on the prevention and mitigation of spills of AFFF based on the results of such review that includes, at a minimum, best practices and recommended requirements to ensure the following: (1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity of the Department of Defense that may result in such a spill. (2) The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities for the Department in the vicinity of such drains or basins. (3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1). (c) Briefing \nNot later than 30 days after the date on which the Secretary issues the guidance under subsection (b), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (b).", "id": "HC6A11A21CF374D07BC23D9FDA2B03AAA", "header": "Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam" }, { "text": "345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances \n(a) Public disclosure of results \n(1) In general \nExcept as provided in paragraph (2), not later than 20 days after the receipt of a final result of testing water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS ) in a covered area, the Secretary of Defense shall publicly disclose such final result, including— (A) the results of all such testing conducted in the covered area by the Department of Defense; and (B) the results of all such testing conducted in the covered area by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department of Defense. (2) Consent by private property owners \nThe Secretary of Defense may not publicly disclose the results of testing for perfluoroalkyl or polyfluoroalkyl substances conducted on private property without the consent of the property owner. (b) Public disclosure of planned testing of water \nNot later than 180 days after the date of the enactment of the Act, and every 90 days thereafter, the Secretary of Defense shall publicly disclose the anticipated timeline for, and general location of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances proposed to be conducted in a covered area, including— (1) all such testing to be conducted by the Department of Defense; and (2) all such testing to be conducted by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department. (c) Nature of disclosure \nThe Secretary of Defense may satisfy the disclosure requirements under subsections (a) and (b) by publishing the results and information referred to in such subsections— (1) on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C 2701 note); (2) on another publicly available website of the Department of Defense; or (3) in the Federal Register. (d) Local notification \nPrior to conducting any testing of water for perfluoroalkyl or polyfluoroalkyl substances, including any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice of the testing to— (1) the managers of the public water system serving the covered area where such testing is to occur; (2) the heads of the municipal government serving the covered area where such testing is to occur; and (3) as applicable, the members of the restoration advisory board for the military installation where such testing is to occur. (e) Methods for testing \nIn testing water for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall adhere to methods for measuring the amount of such substances in drinking water that have been validated by the Administrator of the Environmental Protection Agency. (f) Definitions \nIn this section: (1) The term covered area means an area in the United States that is located immediately adjacent to and down gradient from a military installation, a formerly used defense site, or a facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code. (2) The term formerly used defense site means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the Environmental Restoration Account, Formerly Used Defense Sites account established under section 2703(a)(5) of title 10, United States Code. (3) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (4) The term perfluoroalkyl or polyfluoroalkyl substance means any man-made chemical with at least one fully fluorinated carbon atom. (5) The term public water system has the meaning given such term under section 1401(4) of the Safe Drinking Water Act ( 42 U.S.C. 300f(4) ). (6) The term restoration advisory board means a restoration advisory board established pursuant to section 2705(d) of title 10, United States Code.", "id": "H24E2C8B8282D40848E11048231B4B489", "header": "Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances" }, { "text": "346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam \n(a) Review required \nNot later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of mutual support agreements entered into with non-Department of Defense entities (including State and local entities) that involve fire suppression activities in support of missions of the Department. (b) Matters \nThe review under subsection (a) shall assess, with respect to the agreements specified in such subsection, the following: (1) The preventative maintenance guidelines specified in such agreements for fire trucks and fire suppression systems, to mitigate the risk of equipment failure that may result in a spill of aqueous film-forming foam (in this section referred to as AFFF ). (2) Any requirements specified in such agreements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity pursuant to the agreement that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment. (3) The methods by which the Secretary, or the non-Department entity with which the Secretary has entered into the agreement, ensures compliance with guidance specified in the agreement with respect to the use of such personal protective equipment. (c) Guidance \nNot later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance (based on the results of such review) on requirements to include under the agreements specified in such subsection, to ensure the prevention and mitigation of spills of AFFF. Such guidance shall include, at a minimum, best practices and recommended requirements to ensure the following: (1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity carried out pursuant to such an agreement that may result in such a spill. (2) The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities pursuant to such an agreement in the vicinity of such drains or basins. (3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1). (d) Briefing \nNot later than 30 days after the date on which the Secretary issues the guidance under subsection (c), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (c).", "id": "HF58B51A002B74D8AB08B390798BD7892", "header": "Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam" }, { "text": "347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances \n(a) Study \nThe Comptroller General of the United States shall conduct a study on the procurement by the Department of Defense of certain items that contain covered PFAS substances. (b) Elements \nIn conducting the study under subsection (a), the Comptroller General shall assess the following: (1) The extent to which information is available to the Department of Defense regarding the presence of covered PFAS substances in the items procured by the Department. (2) The challenges, if any, that exist in identifying the presence of covered PFAS substances in the items the Department procures, including whether there are certain categories of items that are more readily identified than others as containing such substances. (3) The extent to which the Department has examined the feasibility of prohibiting the procurement of items containing covered PFAS substances. (4) Such other topics as may be determined necessary by the Comptroller General. (c) Items \nIn conducting the study under subsection (a), the Comptroller General shall, to the extent practicable, examine information relating to the consideration by the Department of Defense of such substances in the following items: (1) Furniture or floor waxes. (2) Car wax and car window treatments. (3) Cleaning products. (4) Shoes and clothing for which treatment with a covered PFAS substance is not necessary for an essential function. (d) Briefing and report \nNot later than 180 days after the date of enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the study conducted under subsection (a), including any preliminary observations. After such interim briefing, the Comptroller General shall submit to the committees a report on the study at a date mutually agreed upon by the Comptroller General and the committees. (e) Covered PFAS substance defined \nIn this section, the term covered PFAS substance means any of the following: (1) Perfluorononanoic acid (PFNA). (2) Perfluorooctanoic acid (PFOA). (3) Perfluorohexanoic acid (PFHxA). (4) Perfluorooctane sulfonic acid (PFOS). (5) Perfluorohexane sulfonate (PFHxS). (6) Perfluorobutane sulfonic acid (PFBS). (7) GenX.", "id": "HAC5C1DF0496E4C25AF860959F79C5776", "header": "Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances" }, { "text": "348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing a proposed schedule for the completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances, and the associated cost estimates to perform such remediation, at military installations, facilities of the National Guard, and formerly used defense sites in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Definitions \nIn this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (2) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.", "id": "HA2C2CF22910B4E9B851A38254BCC81FF", "header": "Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances" }, { "text": "349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report identifying the status of efforts to remediate perfluoroalkyl substances and polyfluoroalkyl substances at the following locations: (1) England Air Force Base, Louisiana. (2) Naval Air Weapons Station China Lake, California. (3) Patrick Air Force Base, Florida. (4) Myrtle Beach Air Force Base, South Carolina. (5) Langley Air Force Base, Virginia. (6) Naval Air Station Jacksonville, Florida. (7) Niagara Falls Air Reserve Station, New York. (8) Grand Prairie Armed Forces Reserve Complex, Texas. (9) Altus Air Force Base, Oklahoma. (10) Charleston Air Force Base, South Carolina. (11) Barksdale Air Force Base, Louisiana. (12) Plattsburgh Air Force Base, New York. (13) Tyndall Air Force Base, Florida. (14) Sheppard Air Force Base, Texas. (15) Columbus Air Force Base, Mississippi. (16) Chanute Air Force Base, Illinois. (17) Marine Corps Air Station Tustin, California. (18) Travis Air Force Base, California. (19) Ellsworth Air Force Base, South Dakota. (20) Minot Air Force Base, North Dakota. (21) Westover Air Reserve Base, Massachusetts. (22) Eaker Air Force Base, Arkansas. (23) Naval Air Station Alameda, California. (24) Eielson Air Force Base, Alaska. (25) Horsham Air Guard Station, Pennsylvania. (26) Vance Air Force Base, Oklahoma. (27) Dover Air Force Base, Delaware. (28) Edwards Air Force Base, California. (29) Robins Air Force Base, Georgia. (30) Joint Base McGuire–Dix–Lakehurst, New Jersey. (31) Galena Air Force Base, Alaska. (32) Naval Research Laboratory Chesapeake Bay Detachment, Maryland. (33) Buckley Air Force Base, Colorado. (34) Arnold Air Force Base, Tennessee. (35) Tinker Air Force Base, Oklahoma. (36) Fairchild Air Force Base, Washington. (37) Vandenberg Air Force Base, California. (38) Hancock Field Air National Guard Base, New York. (39) F.E. Warren Air Force Base, Wyoming. (40) Nevada Air National Guard Base, Nevada. (41) K.I. Sawyer Air Force Base, Michigan. (42) Pease Air Force Base, New Hampshire. (43) Whiteman Air Force Base, Missouri. (44) Wurtsmith Air Force Base, Michigan. (45) Shepherd Field Air National Guard Base, West Virginia. (46) Naval Air Station Whidbey Island–Ault Field, Washington. (47) Rosecrans Air National Guard Base, Missouri. (48) Joint Base Andrews, Maryland. (49) Iowa Air National Guard Base, Iowa. (50) Stewart Air National Guard Base, New York. (b) Definitions \nIn this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.", "id": "H7428482C23D044D288C548863A720B5C", "header": "Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations" }, { "text": "351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand \n(a) Clarification of operational energy responsibilities \nSection 2926 of title 10, United States Code, is amended— (1) in subsection (a), by inserting in contested logistics environments after missions ; and (2) in subsection (b)— (A) in the heading, by striking Authorities and inserting Responsibilities ; (B) in the matter preceding paragraph (1), by striking may and inserting shall ; (C) by amending paragraph (1) to read as follows: (1) require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans; ; (D) in paragraph (2), by inserting supportability in contested logistics environments, after power, ; and (E) in paragraph (3), by inserting in contested logistics environments after vulnerabilities. (b) Establishment of working group \nSuch section is further amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting and in coordination with the working group under subsection (d) after components ; (B) in paragraph (1), by striking Defense and oversee and inserting Defense, including the activities of the working group established under subsection (d), and oversee ; (C) in paragraph (2), by inserting , taking into account the findings of the working group under subsection (d) after Defense ; and (D) in paragraph (3), by inserting , taking into account the findings of the working group under subsection (d) after resilience ; (2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; (3) by inserting after subsection (c), as amended by paragraph (1), the following new subsection: (d) Working Group \n(1) The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts. (2) The head of the working group under paragraph (1) shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e). (3) The members of the working group under paragraph (1) shall be appointed as follows: (A) A senior official of each armed force, who shall be nominated by the Secretary concerned and confirmed by the Senate to represent such armed force. (B) A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respective combatant command to represent such combatant command. (C) A senior official under the jurisdiction of the Chairman of the Joint Chiefs of Staff, who shall be appointed by the Chairman to represent the Joint Chiefs of Staff and the Joint Staff. (4) Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives pursuant to the strategy under subsection (e) for the respective component of the Department that the member represents. (5) The duties of the working group under paragraph (1) shall be as follows: (A) Planning for the integration of efforts to mitigate contested logistics challenges through the reduction of operational energy demand carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense. (B) Developing recommendations regarding the strategy for operational energy under subsection (e). (C) Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces. (D) Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets. (E) Developing recommendations to mitigate the effects of hostile action by a near-peer adversary targeting operational energy storage and operations of the armed forces, including through the use of innovative delivery systems, distributed storage, flexible contracting, and improved automation. ; and (4) in subsection (g), as redesignated by paragraph (2)— (A) in paragraph (1)— (i) by striking The Secretary of a military department and inserting Each member of the working group under subsection (d) ; and (ii) by striking conducted by the military department and inserting conducted by the respective component of the Department that the member represents for purposes of the working group ; and (B) in paragraph (2), by striking military department and inserting armed force. (c) Modifications to operational energy strategy \nSubsection (e) of such section, as redesignated by subsection (b)(2), is amended to read as follows: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the working group under subsection (d), shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall be updated every five years and shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within each armed force, across the armed forces, and with the Office of the Secretary of Defense. (2) The strategy required under paragraph (1) shall include the following: (A) A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand within each armed force. (B) An assessment of how industry trends transitioning from the production of internal combustion engines to the development and production of alternative propulsion systems may affect the long-term availability of parts for military equipment, the fuel costs for such equipment, and the sustainability of such equipment. (C) An assessment of any technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term. (D) An assessment of how the Secretaries concerned and the commanders of the combatant commands can better plan for challenges presented by near-peer adversaries in a contested logistics environment, including through innovative delivery systems, distributed storage, flexible contracting, and improved automation. (E) An assessment of any infrastructure investments of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary. (3) By authority of the Secretary of Defense, and taking into consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to specific operational energy plans and programs to be carried out pursuant to the strategy. (4) Not later than 30 days after the date on which the budget for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, and every five years thereafter, the Assistant Secretary shall submit to the congressional defense committees the strategy required under paragraph (1).. (d) Definition \nSuch section is further amended by adding at the end the following new subsection: (h) Contested logistics environment defined \nIn this section, the term contested logistics environment means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.. (e) Conforming amendment \nSection 2926(c)(5) of title 10, United States Code, is amended by striking subsection (e)(4) and inserting subsection (f)(4). (f) Interim report \nNot later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section. Such report shall include an update regarding the establishment of the working group under section 2926(d) of title 10, United States Code, as amended by subsection (b). (g) Briefing on Assistant Secretary of Defense for Energy, Installations, and Environment \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the following: (1) The planned division of responsibilities between the Assistant Secretary of Defense for Sustainment and the Assistant Secretary of Defense for Energy, Installations, and Environment. (2) A personnel plan to ensure the adequate manning of support personnel for the Assistant Secretary of Defense for Energy, Installations, and Environment. (3) Any additional resources necessary to ensure the ability of the Assistant Secretary of Defense for Energy, Installations, and Environment to fulfill the duty required under section 138(b)(7) of title 10, United States Code, and any other duties required of such Assistant Secretary by law.", "id": "H9914F1D9B7E5419C99A85C3D42A2A97E", "header": "Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand" }, { "text": "352. Global bulk fuel management and delivery \n(a) Responsibility of United States Transportation Command \n(1) In general \nSubchapter III of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section: 2927. Global bulk fuel management and delivery \n(a) Responsible element \n(1) Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis. (2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023. (b) Coordination with Defense Logistics Agency \nIn carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency. (c) Rule of construction \nExcept to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as— (1) limiting any other function of the Defense Logistics Agency Energy; or (2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command.. (2) Clerical amendment \nThe table of contents for such subchapter is amended by adding at the end the following new item: 2927. Global bulk fuel management and delivery.. (b) Briefing \nNot later than July 1, 2022, the Commander of United States Transportation Command shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on progress made to carry out the transfer of responsibilities to the United States Transportation Command pursuant to section 2927 of title 10, United States Code (as added by subsection (a)), including— (1) a review of the plan of action for such transfer; (2) a review of milestones completed and yet to be completed with respect to such transfer; and (3) an identification of any legislative changes or additional resources the Commander determines are necessary to implement such section 2927. (c) Global bulk fuel management strategy \n(1) Strategy required \nNot later than October 1, 2022, the Commander of United States Transportation Command shall prepare and submit to the Committees on Armed Services of the House of Representatives and the Senate a strategy to develop the infrastructure and programs necessary to optimally support global bulk fuel management of the Department of Defense. (2) Additional elements \nThe strategy under paragraph (1) shall include the following additional elements: (A) A description of the current organizational responsibility for bulk fuel management of the Department, organized by geographic combatant command, including with respect to ordering, storage, and strategic and tactical transportation. (B) A description of any legacy bulk fuel management assets of each of the geographic combatant commands. (C) A description of the operational plan to exercise such assets to ensure full functionality and to repair, upgrade, or replace such assets as necessary. (D) An identification of the resources required for any such repairs, upgrades, or replacements. (E) A description of the current programs relating to platforms, weapon systems, or research and development, that are aimed at managing fuel constraints by decreasing demand for fuel. (F) An assessment of current and projected threats to forward-based bulk fuel delivery, storage, and distribution systems, and an assessment, based on such current and projected threats, of attrition to bulk fuel infrastructure, including storage and distribution systems, in a conflict involving near-peer foreign countries. (G) An assessment of current days of supply guidance, petroleum war reserve requirements, and prepositioned war reserve stocks, based on operational tempo associated with distributed operations in a contested environment. (H) An identification of the resources required to address any changes to such guidance, requirements, or stocks recommended as the result of such assessment. (I) An identification of any global shortfall with respect to bulk fuel management, organized by geographic combatant command, and a prioritized list of investment recommendations to address each shortfall identified. (3) Coordination \nIn preparing the strategy under paragraph (1), the Commander of United States Transportation Command shall coordinate with subject matter experts of the Joint Staff, the geographic combatant commands, the Defense Logistics Agency, and the military departments. (4) Form \nThe strategy under paragraph (1) may be submitted in classified form, but if so submitted shall include an unclassified executive summary. (d) Conforming amendments \nSection 2854 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) is amended— (1) in subsection (b), by striking The organizational element designated pursuant to subsection (a) and inserting The Secretary of Defense ; (2) in subsection (c), by striking subsection (b) and inserting subsection (a) ; (3) by striking subsections (a) and (d); and (4) by redesignating subsections (b) and (c), as amended by paragraphs (1) and (2), as subsections (a) and (b), respectively.", "id": "HD49FA4A90CE64960B29E0C1DCFD0E995", "header": "Global bulk fuel management and delivery" }, { "text": "2927. Global bulk fuel management and delivery \n(a) Responsible element \n(1) Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis. (2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023. (b) Coordination with Defense Logistics Agency \nIn carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency. (c) Rule of construction \nExcept to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as— (1) limiting any other function of the Defense Logistics Agency Energy; or (2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command.", "id": "HD508A606DCB44D6AAA04B260942B2F92", "header": "Global bulk fuel management and delivery" }, { "text": "353. Test and evaluation of potential biobased solution for corrosion control and mitigation \n(a) Test and evaluation \nNot later than 120 days after the date of the enactment of this Act, the Director of the Strategic Environmental Research and Development Program and the Environmental Security Technology Certification Program shall test and evaluate at least one existing covered biobased solution for use as an alternative to current solutions of the Department of Defense for the control and mitigation of corrosion. (b) Determination \nFollowing the test and evaluation of a covered biobased solution under subsection (a), the Director shall determine, based on such test and evaluation, whether the solution meets the following requirements: (1) The solution is capable of being produced domestically in sufficient quantities. (2) The solution is at least as effective at the control and mitigation of corrosion as current alternative solutions. (3) The solution reduces environmental exposures. (c) Recommendations \nThe Director shall develop recommendations for the Department of Defense-wide deployment of covered biobased solutions that the Director has determined meet the requirements under subsection (b). (d) Covered biobased solution defined \nIn this section, the term covered biobased solution means a solution for the control and mitigation of corrosion that is domestically produced, commercial, and biobased.", "id": "H96EF344A83EB467AB00C51E9C9108B5F", "header": "Test and evaluation of potential biobased solution for corrosion control and mitigation" }, { "text": "354. Pilot program on digital optimization of organic industrial base maintenance and repair operations \n(a) In general \nBeginning not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall undertake a pilot program under which the digitization of the facilities and operations of at least one covered depot shall be provided for by the Secretary concerned. (b) Elements of pilot program \nIn carrying out the pilot program under this section, the Secretary concerned shall provide for each of the following at the covered depot or depots at which the program is carried out: (1) The creation of a digital twin model of the maintenance, repair, and remanufacturing infrastructure and activities. (2) The modeling and simulation of optimized facility configuration, logistics systems, and processes. (3) The analysis of material flow and resource use to achieve key performance metrics for all levels of maintenance and repair. (4) An assessment of automated, advanced, and additive manufacturing technologies that could improve maintenance, repair, and remanufacturing operations. (c) Report \nNot later than 60 days after the completion of the digital twin model and associated analysis, the Assistant Secretary of Defense for Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include— (1) a summary of the cost of the pilot program; (2) a description of the efficiencies identified under the pilot program; (3) a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies; (4) any plans to undertake such investments; and (5) the assessment of the Assistant Secretary of the value of the pilot program and the potential applicability of the findings of the pilot program to other covered depots. (d) Definitions \nIn this section: (1) The term covered depot includes any depot covered under section 2476(e) of title 10, United States Code, except for the following: (A) Portsmouth Naval Shipyard, Maine. (B) Pearl Harbor Naval Shipyard, Hawaii. (C) Puget Sound Naval Shipyard, Washington. (D) Norfolk Naval Shipyard, Virginia. (2) The terms military departments and Secretary concerned have the meanings given such terms in section 101 of title 10, United States Code.", "id": "HF4BFE1B991F241568EA73CB208A5C311", "header": "Pilot program on digital optimization of organic industrial base maintenance and repair operations" }, { "text": "355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy \n(a) Updated plan \n(1) In general \nNot later than September 30, 2022, the Secretary of the Navy shall submit to the congressional defense committees an update to the plan of the Secretary for implementation of the Shipyard Infrastructure Optimization Program of the Department of the Navy, with the objective of providing increased transparency for the actual costs and schedules associated with infrastructure optimization activities for shipyards covered by such program. (2) Updated cost estimates \nThe updated plan required under paragraph (1) shall include updated cost estimates comprising the most recent costs of capital improvement projects for each of the four public shipyards covered by the Shipyard Infrastructure Optimization Program. (b) Briefing requirement \n(1) In general \nBefore the start of physical construction with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall brief each of the congressional defense committees on such project, regardless of the source of funding for such project. (2) Written information \nBefore conducting a briefing under paragraph (1) with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall submit to the congressional defense committees in writing the following information: (A) An updated cost estimate for such project that— (i) meets the standards of the Association for the Advancement of Cost Engineering for a Level 1 or Level 2 cost estimate; or (ii) is an independent cost estimate. (B) A schedule for such project that is comprehensive, well-constructed, credible, and controlled pursuant to the Schedule Assessment Guide: Best Practices for Project Schedules (GAO–16–89G) set forth by the Comptroller General of the United States in December 2015, or successor guide. (C) An estimate of the likelihood that programmed and planned funds for such project will be sufficient for the completion of the project. (3) Covered project defined \nIn this subsection, the term covered project means a shipyard project under the Shipyard Infrastructure Optimization Program— (A) with a contract awarded on or after October 1, 2024; and (B) valued at $250,000,000 or more. (c) Annual report \n(1) In general \nNot later than December 31, 2022, and not later than December 31 of each year thereafter, the Commander of the Naval Sea Systems Command, in coordination with the Program Manager Ships 555, shall submit to the congressional defense committees a report detailing the use by the Department of the Navy of funding for all efforts associated with the Shipyard Infrastructure Optimization Program, including the use of amounts made available by law to support the projects identified in the plan to implement such program, including any update to such plan under subsection (a). (2) Elements \nEach report required by paragraph (1) shall include updated cost and schedule estimates— (A) for the plan to implement the Shipyard Optimization Program, including any update to such plan under subsection (a); and (B) for each dry dock, major facility, and infrastructure project valued at $250,000,000 or more under such program. (d) Comptroller General report \n(1) Report \n(A) In general \nNot later than May 1, 2023, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of the Secretary of the Navy in implementing the Shipyard Infrastructure Optimization Program, including— (i) the progress of the Secretary in completing the first annual report required under such program; and (ii) the cost and schedule estimates for full implementation of such program. (B) Elements \nThe report required by subparagraph (A) shall include the following: (i) An assessment of the extent to which the cost estimate for the updated optimization plan for the Shipyard Infrastructure Optimization Program is consistent with leading practices for cost estimation. (ii) An assessment of the extent to which the project schedule for such program is comprehensive, well-constructed, credible, and controlled. (iii) An assessment of whether programmed and planned funds for a project under such program will be sufficient for the completion of the project. (iv) Such other related matters as the Comptroller General considers appropriate. (2) Initial briefing \nNot later than April 1, 2023, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the preliminary findings of the report under paragraph (1).", "id": "H50DBBA6EE59B49D58E2EC1E03F3F77BA", "header": "Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy" }, { "text": "356. Report and certification requirements regarding sustainment costs for fighter aircraft programs \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on individual aircraft fleet sustainment costs for the F–35 A/B/C, F/A–18 C/D/E/F/G, AV–8B, A–10C, F–16 C/D, F–22, and F–15 C/E/EX aircraft fleets. Such report shall include the following: (1) A detailed description and explanation of, and the actual cost data related to, current sustainment costs for the aircraft fleets specified in this subsection, including an identification and assessment of cost elements attributable to the Federal Government or to contractors (disaggregated by the entity responsible for each portion of the cost element, including for a prime contractor and any first-tier subcontractor) with respect to such sustainment costs. (2) An identification of sustainment cost metrics for each aircraft fleet specified in this subsection for each of fiscal years 2022 through 2026, expressed in cost-per-tail-per-year format. (b) Limitation on certain F–35 contracts \n(1) In general \nThe Secretary of Defense may not enter into a performance-based logistics sustainment contract for the F–35 airframe or engine programs, or modify an existing contract for the F–35 airframe or engine programs to require the use of a performance-based logistics sustainment contract, unless the Secretary submits to the congressional defense committees a certification that the Secretary has determined such a performance-based logistics contract will— (A) reduce sustainment or operating costs for the F–35 airframe or engine programs; or (B) increase readiness rates, full and partial mission capability rates, or airframe and engine availability rates of the F–35 weapon system. (2) Certification \nAny certification submitted pursuant to paragraph (1) shall include a cost-benefit analysis comparing an existing contract for the F–35 airframe or engine programs with a performance-based logistics sustainment contract for the F–35 airframe or engine programs. (3) Applicability \nThe limitation under paragraph (1) shall not apply with respect to the termination, modification, exercise of a contract option for, or other action relating to, a contract for the F–35 program entered into prior to the date of the enactment of this Act unless such termination, modification, exercise, or other action would require the use of a performance-based logistics sustainment contract as specified in paragraph (1). (c) Cost-per-tail-per-year calculation \nFor purposes of this section, the average cost-per-tail of a variant of an aircraft of an Armed Force shall be determined by— (1) adding the total amount expended for a fiscal year (in base year fiscal 2012 dollars) for all such aircraft in the inventory of an Armed Force for— (A) unit level manpower; (B) unit operations; (C) maintenance; (D) sustaining support; (E) continuing system support; and (F) modifications; and (2) dividing the sum resulting under paragraph (1) by the average number of such aircraft in the inventory of an Armed Force during such fiscal year.", "id": "H403F4DFA1D9A4244A720CB2B35F4FCF2", "header": "Report and certification requirements regarding sustainment costs for fighter aircraft programs" }, { "text": "357. Comptroller General annual reviews of F–35 sustainment efforts \n(a) Annual reviews and briefings \nNot later than March 1 of each year of 2022, 2023, 2024, and 2025, the Comptroller General of the United States shall— (1) conduct an annual review of the sustainment efforts of the Department of Defense with respect to the F–35 aircraft program (including the air vehicle and propulsion elements of such program); and (2) provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on such review, including any findings of the Comptroller General as a result of such review. (b) Elements \nEach review under subsection (a)(1) shall include an assessment of the following: (1) The status of the sustainment strategy of the Department for the F–35 Lightning II aircraft program. (2) The Department oversight and prime contractor management of key sustainment functions with respect to the F–35 aircraft program. (3) The ability of the Department to reduce the costs, or otherwise maintain the affordability, of the sustainment of the F–35 fleet. (4) Any other matters regarding the sustainment or affordability of the F–35 aircraft program that the Comptroller General determines to be of critical importance to the long-term viability of such program. (c) Reports \nFollowing the provision of each briefing under subsection (a)(2), at such time as is mutually agreed upon by the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General, the Comptroller General shall submit to such committees a report on the matters covered by the briefing.", "id": "H39B661ED3D9140FDB0677708B095309C", "header": "Comptroller General annual reviews of F–35 sustainment efforts" }, { "text": "361. Inclusion of information regarding borrowed military manpower in readiness reports \nSection 482(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph: (10) Information regarding the extent to which any member of the armed forces is assigned or detailed outside the member’s unit or away from training in order to perform any function that had previously been performed by civilian employees of the Federal Government..", "id": "H67E85F64844E463B912C61962039BA4B", "header": "Inclusion of information regarding borrowed military manpower in readiness reports" }, { "text": "362. Annual report on material readiness of Navy ships \nSection 8674(d) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by striking submit to the and inserting provide to the ; (B) by inserting a briefing and submit to such committees after congressional defense committees ; and (C) by striking setting forth and inserting regarding ; (2) in paragraph (2)— (A) by striking in an unclassified form that is releasable to the public without further redaction. and inserting in— ; and (B) by adding at the end the following new subparagraphs: (A) a classified form; and (B) an unclassified form that is releasable to the public without further redaction. ; and (3) by striking paragraph (3).", "id": "H2232E193F9544F41ABE14B3CB680E19D", "header": "Annual report on material readiness of Navy ships" }, { "text": "363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons \n(a) In general \nFor each of fiscal years 2022, 2023, and 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on security, control, thefts, losses, and recoveries of sensitive conventional arms, ammunition, and explosives (commonly referred to as AA&E ) of the Department of Defense during such year, including the following: (1) M–16 or M4s. (2) Light automatic weapons up to and including M249, M2, and 40mm MK19 machine guns. (3) Functional launch tube with umbilical squib installed and grip stock for the Stinger missile. (4) Launch tube, sight assembly, and grip stock for missiles. (5) Tracker for the Dragon missile. (6) Mortar tubes up to and including 81mm. (7) Grenade launchers. (8) Rocket and missile launchers with an unpacked weight of 100 pounds or less. (9) Flame throwers. (10) The launcher, missile guidance se, or the optical sight for the TOW and the Javelin Command Launch Unit. (11) Single shot and semi-automatic (non-automatic) shoulder-fired weapons such as shotguns and bolt action rifles and weapons barrels. (12) Handguns. (13) Recoil-less rifles up to and including 106mm. (14) Man-portable missiles and rockets in a ready-to-fire configuration or when jointly stored or transported with the launcher tube or grip-stock and the explosive round. (15) Stinger missiles. (16) Dragon, Javelin, light antitank weapon (66mm), shoulder-launched multi-purpose assault weapon rocket (83mm), M136 (AT4) anti-armor launcher and cartridge (84mm). (17) Missiles and rockets that are crew-served or require platform-mounted launchers and other equipment to function, including HYDRA–70 rockets and tube-launched optically wire guided (TOW) missiles. (18) Missiles and rockets that require platform-mounted launchers and complex hardware equipment to function including the HELLFIRE missile. (19) Explosive rounds of any missile or rocket listed in paragraphs (1) through (18). (20) Hand or rifle grenades (high-explosive and white phosphorous). (21) Antitank or antipersonnel mines. (22) Explosives used in demolition operations, C–4, military dynamite, and trinitrotoluene (TNT). (23) Warheads for sensitive missiles and rockets weighing less than 50 pounds each. (24) Ammunition that is.50 caliber or larger with explosive-filled projectile. (25) Incendiary grenades and fuses for high-explosive grenades. (26) Blasting caps. (27) Supplementary charges. (28) Bulk explosives. (29) Detonating cord. (30) Riot control agents. (b) Immediate reporting of confirmed thefts, losses, and recoveries \nNot later than 72 hours after a confirmed theft, loss, or recovery of a sensitive conventional arm, ammunition, or explosive covered by the report required by subsection (a), the Secretary shall report such theft, loss, or recovery to the National Crime Information Center and local law enforcement.", "id": "HEF7B755A9E104B73ACD74A65D25CF5AB", "header": "Incident reporting requirements for Department of Defense regarding lost or stolen weapons" }, { "text": "364. Strategy and annual report on critical language proficiency of special operations forces \n(a) Strategy \n(1) Strategy required \nNot later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a strategy to improve the language proficiency of the special operations forces of the Armed Forces, including by identifying individuals who have proficiency in a critical language and recruiting and retaining such individuals in the special operations forces. (2) Elements \nThe strategy under paragraph (1) shall include the following: (A) A baseline of foreign language proficiency requirements to be implemented within the special operations forces, disaggregated by Armed Force and by critical language. (B) Annual recruitment targets for the number of candidates with demonstrated proficiency in a critical language to be selected for participation in the initial assessment and qualification programs of the special operations forces. (C) A description of current and planned efforts of the Secretaries concerned and the Assistant Secretary to meet such annual recruitment targets. (D) A description of any training programs used to enhance or maintain foreign language proficiency within the special operations forces, including any nongovernmental programs used. (E) An annual plan to enhance and maintain foreign language proficiency within the special operations forces of each Armed Force. (F) An annual plan to retain members of the special operation forces of each Armed Force who have proficiency in a foreign language. (G) A description of current and projected capabilities and activities that the Assistant Secretary determines are necessary to maintain proficiency in critical languages within the special operations forces. (H) A plan to implement a training program for members of the special operations forces who serve in positions that the Assistant Secretary determines require proficiency in a critical language to support the Department of Defense in strategic competition. (b) Reports required \nNot later than December 31, 2022, and annually thereafter until December 31, 2025, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report on the strategy required under subsection (a), including progress in achieving the objectives of the strategy with respect to the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language. (c) Definitions \nIn this section: (1) The term critical language means a language identified by the Director of the National Security Education Program as critical to national security. (2) The terms military departments and Secretary concerned have the meanings given such terms in section 101 of title 10, United States Code. (3) The term proficiency means proficiency in a language, as assessed by the Defense Language Proficiency Test. (4) The term special operations forces means forces described under section 167(j) of title 10, United States Code.", "id": "H75DCFA0FA69245B4B7B149733156607B", "header": "Strategy and annual report on critical language proficiency of special operations forces" }, { "text": "371. Military Aviation and Installation Assurance Clearinghouse matters \n(a) Strategy to test and integrate wind turbine interference mitigation strategies \nThe Secretary of Defense and the Secretary of the Air Force, in coordination with the Commander of United States Northern Command and the Commander of North American Aerospace Defense Command, shall develop a strategy to test and integrate wind turbine interference mitigation technologies into radars and the air surveillance command and control architecture of the Department of Defense. (b) Modification of Clearinghouse requirements \nSection 183a(c) of title 10, United States Code, is amended— (1) in paragraph (2), by adding at the end the following new subparagraph: (C) A notice of presumed risk issued under subparagraph (A) is a preliminary assessment only and does not represent a formal objection pursuant to subsection (e). Discussions of possible mitigation actions under such subparagraph could favorably resolve any concerns identified in the notice of presumed risk. ; and (2) by adding at the end the following new paragraph: (8) If, in reviewing an application for an energy project pursuant to paragraph (1), the Clearinghouse finds no adverse impact on military operations under section 44718(b)(1) of title 49, the Clearinghouse shall communicate to the Secretary of Transportation in writing, not later than five business days after making such finding, the following: No Part 77 concerns, national security review ongoing...", "id": "H6F22760C87884B6CA5DD3B5C94163B0D", "header": "Military Aviation and Installation Assurance Clearinghouse matters" }, { "text": "372. Establishment of Joint Safety Council \n(a) In general \nChapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section: 184. Joint Safety Council \n(a) In general \nThere is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the Council ). (b) Membership; appointment; compensation \n(1) The Council shall be composed of voting members as follows: (A) The Director of Safety for each military department. (B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense. (C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned. (D) Such additional members as may be determined by the Deputy Secretary of Defense. (2) (A) Each member of the Council shall serve at the will of the official who appointed that member. (B) Any vacancy on the Council shall be filled in the same manner as the original appointment. (3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. (c) Chairperson and vice chairperson \n(1) (A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council. (B) The Chairperson shall serve for a term of two years and shall be responsible for— (i) serving as the Director of Safety for the Department of Defense; (ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; (iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments; (iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments; (v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv); (vi) advising Congress on issues relating to military safety and reforms; and (vii) overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. (2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson. (d) Responsibilities \nThe Council shall carry out the following responsibilities: (1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. (2) With respect to mishap data— (A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense; (B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and (C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department. (3) With respect to non-mishap data— (A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data; (B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and (C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards. (4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments. (5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system. (6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships. (7) Reviewing the proposal of each military department for the safety management systems described in paragraphs (9) and (10). (8) Reviewing the implementation of such systems by each military department. (9) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents. (e) Oversight \nThe decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. (f) Staff \n(1) The Council may appoint staff in accordance with section 3101 of title 5. (2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis. (g) Contract authority \nThe Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. (h) Procurement of temporary and intermittent services \nThe Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Data collection \n(1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes. (2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data. (3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person. (j) Meetings \nThe Council shall meet quarterly and at the call of the Chairperson. (k) Report \nThe Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item: 184. Joint Safety Council.. (c) Deadlines \n(1) Establishment \nThe Secretary of Defense shall ensure the establishment of the Joint Safety Council under section 184 of title 10, United States Code (as added by subsection (a)), by not later than the date that is 120 days after the date of the enactment of this Act. (2) Appointment of first members \nThe initial members of the Joint Safety Council established under such section 184 shall be appointed by not later than the date that is 120 days after the date of the enactment of this Act. (3) Directors of Safety \nNot later than 30 days after the date of the enactment of this Act, the Secretary of each military department shall ensure there is appointed as the Director of Safety for the military department concerned an officer of that military department in pay grade O–8 or above. (d) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (1) A description of the measures the Secretary plans to take to correct the issues identified in the report of the National Commission on Military Aviation Safety submitted to the President and Congress and dated December 1, 2020. (2) A statement as to whether the Secretary concurs or disagrees with the findings of such report. (3) A detailed plan of action for the implementation of each recommendation included in such report. (4) Any additional recommendations the Secretary determines are necessary to apply the findings of the National Commission on Military Aviation Safety in such report to all aspects of military safety. (e) Authorization of appropriations \nOf the amounts authorized to be appropriated or otherwise made available by this Act for Military Personnel Appropriations for fiscal year 2022, $4,000,000 shall be made available for the Joint Safety Council established under section 184 of title 10, United States Code, as added by subsection (a).", "id": "HDA5AA2EFD8D741D88FB8661C226AD977", "header": "Establishment of Joint Safety Council" }, { "text": "184. Joint Safety Council \n(a) In general \nThere is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the Council ). (b) Membership; appointment; compensation \n(1) The Council shall be composed of voting members as follows: (A) The Director of Safety for each military department. (B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense. (C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned. (D) Such additional members as may be determined by the Deputy Secretary of Defense. (2) (A) Each member of the Council shall serve at the will of the official who appointed that member. (B) Any vacancy on the Council shall be filled in the same manner as the original appointment. (3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. (c) Chairperson and vice chairperson \n(1) (A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council. (B) The Chairperson shall serve for a term of two years and shall be responsible for— (i) serving as the Director of Safety for the Department of Defense; (ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; (iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments; (iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments; (v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv); (vi) advising Congress on issues relating to military safety and reforms; and (vii) overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. (2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson. (d) Responsibilities \nThe Council shall carry out the following responsibilities: (1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. (2) With respect to mishap data— (A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense; (B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and (C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department. (3) With respect to non-mishap data— (A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data; (B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and (C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards. (4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments. (5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system. (6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships. (7) Reviewing the proposal of each military department for the safety management systems described in paragraphs (9) and (10). (8) Reviewing the implementation of such systems by each military department. (9) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents. (e) Oversight \nThe decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. (f) Staff \n(1) The Council may appoint staff in accordance with section 3101 of title 5. (2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis. (g) Contract authority \nThe Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. (h) Procurement of temporary and intermittent services \nThe Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Data collection \n(1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes. (2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data. (3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person. (j) Meetings \nThe Council shall meet quarterly and at the call of the Chairperson. (k) Report \nThe Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.", "id": "HD98B45ACF0B947428FEB9A669DDCB4BC", "header": "Joint Safety Council" }, { "text": "373. Improvements and clarifications related to military working dogs \n(a) Prohibition on charge for transfer of military animals \nSection 2583(d) of title 10, United States Code, is amended by striking may and inserting shall. (b) Inclusion of military working dogs in certain research \nSection 708(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1071 note) is amended— (1) in paragraph (7), by striking of members of the Armed Forces and inserting with respect to both members of the Armed Forces and military working dogs ; and (2) by striking paragraph (9) and inserting the following new paragraph: (9) To inform and advise the conduct of research on the leading causes of morbidity and mortality of members of the Armed Forces and military working dogs in combat..", "id": "HCA74B3E7F1E040E68200A6B2B51417FB", "header": "Improvements and clarifications related to military working dogs" }, { "text": "374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative \nSection 343 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 7554 note) is amended by striking the date that is five years after the date of the enactment of this Act and inserting November 25, 2025,.", "id": "H9DAE7BD1D87D4DA984F2348CE0B8113B", "header": "Extension of temporary authority to extend contracts and leases under the ARMS Initiative" }, { "text": "375. Authority to maintain access to category 3 subterranean training facility \n(a) In general \nThe Secretary of Defense may ensure that the Department of Defense maintains access to a covered category 3 subterranean training facility on a continuing basis. (b) Authority to enter into lease \nThe Secretary of Defense is authorized to enter into a short-term lease with a provider of a covered category 3 subterranean training facility for purposes of carrying out subsection (a). (c) Covered category 3 subterranean training facility defined \nIn this section, the term covered category 3 subterranean training facility means a category 3 subterranean training facility that is— (1) operational as of the date of the enactment of this Act; and (2) deemed safe for use as of such date.", "id": "H30DFCAB4DFF249A2A90FF8FEE33B4684", "header": "Authority to maintain access to category 3 subterranean training facility" }, { "text": "376. Accident Investigation Review Board \n(a) Proposal for establishment of Board \nThe Deputy Secretary of Defense shall develop a proposal for the establishment of an Accident Investigation Review Board (in this section referred to as the Board ) to provide independent oversight and review of the legal investigations conducted by the Department of Defense outside of the safety process into the facts and circumstances surrounding operational and training accidents. The proposal shall include recommendations relating to— (1) the size and composition of the Board; (2) the process by which the Board would screen accident investigations to identify unsatisfactory, biased, incomplete, or insufficient investigations requiring subsequent review by the Board, including whether the Board should review investigations meeting a predetermined threshold (such as all fatal accidents or all Class A mishaps); (3) the process by which the military departments and other components of the Department of Defense could refer pending or completed accident investigations to the Board for review; (4) the process by which the Board would evaluate a particular accident investigation for accuracy, thoroughness, and objectivity; (5) the requirements for and process by which the convening component of an investigation reviewed by the Board should address the findings of the Board’s review of that particular investigation; (6) proposed procedures for safeguarding privileged and sensitive data and safety information collected during the investigation review process; and (7) how and when the Board would be required to report to the Deputy Secretary of Defense on the activities of the Board, the outcomes of individual investigation reviews performed by the Board, and the assessment of the Board regarding cross-cutting themes and trends identified by those reviews. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committee the proposal required by subsection (a) and a timeline for establishing the Board.", "id": "HBD7E41ECB56549D88B0B7F71CE7EACC3", "header": "Accident Investigation Review Board" }, { "text": "377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents \n(a) Plan required \nNot later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees and to the Comptroller General of the United States a plan to address the recommendations in the report of the Government Accountability Office entitled Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents (GAO–21–361). Each such plan shall include, with respect to each recommendation in such report that the Secretary concerned has implemented or intends to implement— (1) a summary of actions that have been or will be taken to implement the recommendation; and (2) a schedule, with specific milestones, for completing implementation of the recommendation. (b) Deadline for implementation \n(1) In general \nExcept as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, each Secretary concerned shall carry out activities to implement the plan of the Secretary developed under subsection (a). (2) Exception for implementation of certain recommendations \n(A) Delayed implementation \nA Secretary concerned may initiate implementation of a recommendation in the report referred to in subsection (a) after the date specified in paragraph (1) if, on or before such date, the Secretary provides to the congressional defense committees a specific justification for the delay in implementation of such recommendation. (B) Nonimplementation \nA Secretary concerned may decide not to implement a recommendation in the report referred to in subsection (a) if, on or before the date specified in paragraph (1), the Secretary provides to the congressional defense committees— (i) a specific justification for the decision not to implement the recommendation; and (ii) a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation. (c) Secretary concerned \nIn this section, the term Secretary concerned means— (1) the Secretary of the Army, with respect to the Army; and (2) the Secretary of the Navy, with respect to the Navy.", "id": "HC81808D200E6472D85D15B6172248C25", "header": "Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents" }, { "text": "378. Requirements relating to emissions control tactics, techniques, and procedures \n(a) Review \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current electromagnetic spectrum emissions control tactics, techniques, and procedures across the joint force. (b) Requirements \nNot later than 60 days after completing the review under subsection (a), the Secretary of Defense shall direct each Secretary of a military department to update or establish, as applicable, standard tactics, techniques, and procedures, including down to the operational level, pertaining to emissions control discipline during all phases of operations. (c) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation status of the tactics, techniques, and procedures updated or established, as applicable, under subsection (b) by each of the military departments, including— (1) incorporation into doctrine of the military departments; (2) integration into training of the military departments; and (3) efforts to coordinate with the militaries of partner countries and allies to develop similar standards and associated protocols, including through the use of working groups.", "id": "HA3CF2FD73116480A814AD434FDD528FD", "header": "Requirements relating to emissions control tactics, techniques, and procedures" }, { "text": "379. Management of fatigue among crew of naval surface ships and related improvements \n(a) Requirement \nThe Secretary of the Navy shall implement each recommendation for executive action set forth in the report of the Government Accountability Office titled Navy Readiness: Additional Efforts Are Needed to Manage Fatigue, Reduce Crewing Shortfalls, and Implement Training (GAO–21–366). (b) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees and the Comptroller General a report on the status of actions taken by the Secretary to monitor crew fatigue and ensure equitable fatigue management throughout the naval surface ship fleet in accordance with subsection (a). Such report shall include the following: (1) An assessment of the extent of crew fatigue throughout the naval surface ship fleet. (2) A description of the metrics used to assess the extent of fatigue pursuant to paragraph (1). (3) An identification of results-oriented goals for effective fatigue management. (4) An identification of timeframes for achieving the goals identified pursuant to paragraph (3). (c) Comptroller General briefing \nNot later than 90 days after the date on which the Comptroller General receives the report under subsection (b), the Comptroller General shall provide to the congressional defense committees a briefing on the extent to which the actions and goals described in the report meet the requirements of subsection (a).", "id": "H3E4FA2581BFD4B3B919555095814B4C1", "header": "Management of fatigue among crew of naval surface ships and related improvements" }, { "text": "380. Authority for activities to improve next generation radar systems capabilities \n(a) Authority \nThe Secretary of Defense may undertake activities to enhance future radar systems capabilities, including the following: (1) Designating specific industry, academic, government, or public-private partnership entities to provide expertise in the repair, sustainment, and support of radar systems to meet current and future defense requirements, as appropriate. (2) Facilitating collaboration among academia, the Federal Government, the defense industry, and the commercial sector, including with respect to radar system repair and sustainment activities. (3) Establishing advanced research and workforce training and educational programs to enhance future radar systems capabilities. (4) Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of radar systems in defense systems and operational activities, including continuing education and training goals. (5) Increasing communications and personnel exchanges with radar systems experts in industry to support adoption of state-of-the-art technologies and operational practices, especially to support meeting future defense needs related to radar systems in autonomous systems. (6) Establishing agreements with one or more institutions of higher education or other organizations in academia or industry to provide for activities authorized under this section. (7) Partnering with nonprofit institutions and private industry with expertise in radar systems to support activities authorized under this section. (8) Establishing research centers and facilities, including centers of excellence, as appropriate to support activities authorized under this section, especially to promote partnerships between government, industry, and academia. (b) Institution of higher education defined \nThe term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "H92835F943D534679B7038115B08B7B95", "header": "Authority for activities to improve next generation radar systems capabilities" }, { "text": "381. Pilot program on military working dog and explosives detection canine health and excellence \n(a) Pilot program \nNot later than September 31, 2022, the Secretary of Defense shall carry out a pilot program to ensure the health and excellence of explosives detection military working dogs. Under such pilot program, the Secretary shall consult with domestic breeders of working dog lines, covered institutions of higher education, and covered national domestic canine associations, to— (1) facilitate the presentation, both in a central location and at regional field evaluations in the United States, of domestically-bred explosives detection military working dogs for assessment for procurement by the Department of Defense, at a rate of at least 250 canines presented per fiscal year; (2) facilitate the delivery and communication to domestic breeders, covered institutions of higher education, and covered national domestic canine associations, of information regarding— (A) any specific needs or requirements for the future acquisition by the Department of explosives detection military working dogs; and (B) any factors identified as relevant to the success or failure of explosives detection military working dogs presented for assessment pursuant to this section; (3) collect information on the biological and health factors of explosives detection military working dogs procured by the Department, and make such information available for academic research and to domestic breeders; (4) collect and make available genetic and phenotypic information, including canine rearing and training data for study by domestic breeders and covered institutions of higher education, for the further development of working canines that are bred, raised, and trained domestically; and (5) evaluate current Department guidance for the procurement of military working dogs to ensure that pricing structures and procurement requirements for foreign and domestic canine procurements accurately account for input cost differences between foreign and domestic canines. (b) Termination \nThe authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2024. (c) Definitions \nIn this section: (1) The term covered institution of higher education means an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), with demonstrated expertise in veterinary medicine for working canines. (2) The term covered national domestic canine association means a national domestic canine association with demonstrated expertise in the breeding and pedigree of working canine lines. (3) The term explosives detection military working dog means a canine that, in connection with the work duties of the canine performed for the Department of Defense, is certified and trained to detect odors indicating the presence of explosives in a given object or area, in addition to the performance of such other duties for the Department as may be assigned.", "id": "H55FF6F13B9C945A0B30F0A8793D39BEB", "header": "Pilot program on military working dog and explosives detection canine health and excellence" }, { "text": "382. Department of Defense response to military lazing incidents \n(a) Investigation into lazing of military aircraft \n(1) Investigation required \nThe Secretary of Defense shall conduct a formal investigation into all incidents of lazing of military aircraft that occurred during fiscal year 2021. The Secretary shall carry out such investigation in coordination and collaboration with appropriate non-Department of Defense entities. (2) Report to Congress \nNot later than March 31, 2022, the Secretary shall submit to the congressional defense committees a report on the findings of the investigation conducted pursuant to paragraph (1). (b) Information sharing \nThe Secretary shall seek to increase information sharing between the Department of Defense and the States with respect to incidents of lazing of military aircraft, including by entering into memoranda of understanding with State law enforcement agencies on information sharing in connection with such incidents to provide for procedures for closer cooperation with local law enforcement in responding to such incidents as soon as they are reported. (c) Data collection and tracking \nThe Secretary shall collect such data as may be necessary to track the correlation between noise complaints and incidents of military aircraft lazing. (d) Operating procedures \nThe Secretary shall give consideration to adapting local operating procedures in areas with high incidence of military aircraft lazing incidents to reduce potential injury to aircrew. (e) Eye protection \nThe Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment that protects against the most commonly available green light lasers that are available to the public. If the Secretary determines that no such laser eye protection equipment is available, the Secretary shall conduct research and develop such equipment.", "id": "H1DED47E4B5C342A286F2167E0DE461BA", "header": "Department of Defense response to military lazing incidents" }, { "text": "401. End strengths for active forces \nThe Armed Forces are authorized strengths for active duty personnel as of September 30, 2022, as follows: (1) The Army, 485,000. (2) The Navy, 346,920. (3) The Marine Corps, 178,500. (4) The Air Force, 329,220. (5) The Space Force, 8,400.", "id": "H1B8B046482FF42C2B37AF24981FFE83E", "header": "End strengths for active forces" }, { "text": "402. Revisions in permanent active duty end strength minimum levels \nSection 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (5) and inserting the following new paragraphs: (1) For the Army, 485,000. (2) For the Navy, 346,920. (3) For the Marine Corps, 178,500. (4) For the Air Force, 329,220. (5) For the Space Force, 8,400..", "id": "H21219EEB5C01436BBCBD1E74F4AF5025", "header": "Revisions in permanent active duty end strength minimum levels" }, { "text": "403. Additional authority to vary Space Force end strength \n(a) In general \nNotwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for each fiscal year as follows: (1) Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength. (2) Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength. (b) Termination \nThe authority provided under subsection (a) shall terminate on December 31, 2022.", "id": "HB183E15CFBBB40D8B9AD1740141A7B18", "header": "Additional authority to vary Space Force end strength" }, { "text": "411. End strengths for Selected Reserve \n(a) In general \nThe Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows: (1) The Army National Guard of the United States, 336,000. (2) The Army Reserve, 189,500. (3) The Navy Reserve, 58,600. (4) The Marine Corps Reserve, 36,800. (5) The Air National Guard of the United States, 108,300. (6) The Air Force Reserve, 70,300. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions \nThe end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases \nWhenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.", "id": "H060030ACB8D94A88A3C8D33DD48590E4", "header": "End strengths for Selected Reserve" }, { "text": "412. End strengths for Reserves on active duty in support of the reserves \nWithin the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2022, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 30,845. (2) The Army Reserve, 16,511. (3) The Navy Reserve, 10,293. (4) The Marine Corps Reserve, 2,386. (5) The Air National Guard of the United States, 25,333. (6) The Air Force Reserve, 6,003.", "id": "HE678F92E640545DEBAF8C076212EB93E", "header": "End strengths for Reserves on active duty in support of the reserves" }, { "text": "413. End strengths for military technicians (dual status) \n(a) In general \nThe minimum authorized number of military technicians (dual status) as of the last day of fiscal year 2022 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 6,492. (3) For the Air National Guard of the United States, 10,994. (4) For the Air Force Reserve, 7,111. (b) Limitation on number of temporary military technicians (dual status) \nThe number of temporary military technicians (dual-status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection. (c) Limitation \nUnder no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active Guard and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual's position.", "id": "H442ED29A97E341C7B30E20D03B16B17E", "header": "End strengths for military technicians (dual status)" }, { "text": "414. Maximum number of reserve personnel authorized to be on active duty for operational support \nDuring fiscal year 2022, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000.", "id": "H83EAA496AAB04A439BF5218C5A4675A3", "header": "Maximum number of reserve personnel authorized to be on active duty for operational support" }, { "text": "415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths \nSection 115(b)(2)(B) of title 10, United States Code, is amended by striking 1095 days in the previous 1460 days and inserting 1825 days in the previous 2190 days.", "id": "HE5BA0F14AE8A42E6876D1F4D088ABDF9", "header": "Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths" }, { "text": "421. Military personnel \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. (b) Construction of authorization \nThe authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2022.", "id": "H957559BC35D0447D940340836F076BC7", "header": "Military personnel" }, { "text": "501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements \n(a) Authority on and before December 31, 2022 \nSection 526 of title 10, United States Code, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Transfer of authorizations among the military services \n(1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title, and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense, if each appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. (3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526a(i)(1) of this title, may not exceed 15 at any one time. (4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of— (A) such increase; and (B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.. (b) Authority after December 31, 2022 \nSection 526a of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Transfer of authorizations among the military services \n(1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. (3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time. (4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of— (A) such increase; and (B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced..", "id": "H631E34F2EBC04493B6F218996912810D", "header": "Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements" }, { "text": "502. Time in grade requirements \nSection 619(a) of title 10, United States Code, is amended— (1) in paragraph (2), by striking paragraph (4) and inserting paragraph (5) ; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the following new paragraph: (4) When the needs of the service require, the Secretary of the military department concerned may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies..", "id": "HF7AEAE7309EB406989B675632EE2F48B", "header": "Time in grade requirements" }, { "text": "503. Authority to vary number of Space Force officers considered for promotion to major general \n(a) In general \nNotwithstanding section 616(d) of title 10, United States Code, the number of officers recommended for promotion by a selection board convened by the Secretary of the Air Force under section 611(a) of title 10, United States Code, to consider officers on the Space Force active duty list for promotion to major general may not exceed the number equal to 95 percent of the total number of brigadier generals eligible for consideration by the board. (b) Termination \nThe authority provided under subsection (a) shall terminate on December 31, 2022.", "id": "H103185946ACC4E1C893E863B8BA8E7C6", "header": "Authority to vary number of Space Force officers considered for promotion to major general" }, { "text": "504. Seaman to Admiral-21 program: credit towards retirement \n(a) Credit \nFor each participant in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 for whom the Secretary of the Navy cannot find evidence of an acknowledgment that, before entering a baccalaureate degree program, service during the baccalaureate degree program would not be included when computing years of service for retirement, the Secretary shall include service during the baccalaureate degree program when computing— (1) years of service; and (2) retired or retainer pay. (b) Report required \nThe Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the number of participants credited with service under subsection (a). (c) Deadline \nThe Secretary shall carry out this section not later than 180 days after the date of the enactment of this Act.", "id": "H761463FAA9D44E698F9D42FD11847D01", "header": "Seaman to Admiral-21 program: credit towards retirement" }, { "text": "505. Independent assessment of retention of female surface warfare officers \n(a) In general \nThe Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center independent of the Department of Defense to conduct research and analysis on the gender gap in retention of surface warfare officers in the Navy. (b) Elements \nThe research and analysis conducted under subsection (a) shall include consideration of the following: (1) Demographics of surface warfare officers, disaggregated by gender, including— (A) race; (B) ethnicity; (C) socioeconomic status; (D) marital status (including whether the spouse is a member of the Armed Forces and, if so, the length of service of such spouse); (E) whether the officer has children (including number and age or ages of children); (F) whether an immediate family member serves or has served as a member of the Armed Forces; and (G) the percentage of such officers who— (i) indicate an intent to complete only an initial service agreement; and (ii) complete only an initial service agreement. (2) Whether there is a correlation between the number of female surface warfare officers serving on a vessel and responses of such officers to command climate surveys. (3) An anonymous but traceable study of command climate results to— (A) correlate responses from particular female surface warfare officers with resignation; and (B) compare attitudes of first-tour and second-tour female surface warfare officers. (4) Recommendations based on the findings under paragraphs (1), (2), and (3). (c) Reports \n(1) In general \nNot later than 270 days after the date on which a nonprofit entity or federally funded research and development center enters into an agreement under subsection (a) with the Secretary of Defense, such entity or center shall submit to the Secretary of Defense a report on the results of the research and analysis under subsection (a). (2) Submission to Congress \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees each of the following: (A) A copy of the report submitted under paragraph (1) without change. (B) Any comments, changes, recommendations, or other information provided by the Secretary of Defense relating to the research and analysis under subsection (a) and contained in such report.", "id": "H1E87E952C22D4FAA832223117E4A26DB", "header": "Independent assessment of retention of female surface warfare officers" }, { "text": "506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N) \n(a) In general \nThe Secretary of the Air Force shall submit to the congressional defense committees a report on personnel performing the duties of a Nuclear and Missile Operations Officer (13N)— (1) not later than 90 days after the date of the enactment of this Act; and (2) concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to section 1105(a) of title 31, United States Code. (b) Elements \nEach report required by subsection (a) shall include the following: (1) The number of Nuclear and Missile Operations Officers commissioned, by commissioning source, during the most recent fiscal year that ended before submission of the report. (2) A description of the rank structure and number of such officers by intercontinental ballistic missile operational group during that fiscal year. (3) The retention rate of such officers by intercontinental ballistic missile operational group during that fiscal year and an assessment of reasons for any loss in retention of such officers. (4) A description of the rank structure and number of officers by intercontinental ballistic missile operational group performing alert duties by month during that fiscal year. (5) A description of the structure of incentive pay for officers performing 13N duties during that fiscal year. (6) A personnel manning plan for managing officers performing alert duties during the period of five fiscal years after submission of the report. (7) A description of methods, with metrics, to manage the transition of Nuclear and Missile Operations Officers, by intercontinental ballistic missile operational group, to other career fields in the Air Force. (8) Such other matters as the Secretary considers appropriate to inform the congressional defense committees with respect to the 13N career field during the period of five to ten fiscal years after submission of the report.", "id": "H0E516B227E0F43EEB9DDA2B97E2110E6", "header": "Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N)" }, { "text": "511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences \nSection 2036(g)(2) of title 10, United States Code, is amended— (1) by redesignating subparagraphs (J) through (M) as subparagraphs (K) through (N), respectively; and (2) by inserting after subparagraph (I) the following new subparagraph: (J) quantum information sciences;.", "id": "H2627F6A7913A4318B3E53742DE86609B", "header": "Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences" }, { "text": "512. Prohibition on private funding for interstate deployment of National Guard \n(a) Prohibition \nChapter 3 of title 32, United States Code, is amended by adding at the end the following new section: 329. Prohibition on private funding for interstate deployment A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ).. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 329. Prohibition on private funding for interstate deployment..", "id": "HCEE12A0467A54A55A54E8C4816B05321", "header": "Prohibition on private funding for interstate deployment of National Guard" }, { "text": "329. Prohibition on private funding for interstate deployment A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ).", "id": "H365A5DD03124488AABF8CE5A09300636", "header": null }, { "text": "513. Access to Tour of Duty system \n(a) Access \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device. (2) Exception \nThe Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States. (b) Tour of Duty system defined \nIn this Act, the term Tour of Duty system means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as Tour of Duty , or any successor to such system.", "id": "H9588396686AB4683AEB1BCDA8721B55F", "header": "Access to Tour of Duty system" }, { "text": "514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard \nNot later than September 30, 2022, the Secretary of Defense shall implement recommendations of the Secretary described in section 519C(a)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).", "id": "H10F8D18310614C0EA9AC740FFC88DC5F", "header": "Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard" }, { "text": "515. Continued National Guard support for FireGuard program \nUntil September 30, 2026, the Secretary of Defense shall continue to support the FireGuard program with personnel of the California National Guard to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires.", "id": "H8B91B88824334C3DB0466DE7E1075A2A", "header": "Continued National Guard support for FireGuard program" }, { "text": "516. Enhancement of National Guard Youth Challenge Program \n(a) Authority \nDuring fiscal year 2022, the Secretary of Defense may provide assistance to a National Guard Youth Challenge Program of a State— (1) in addition to assistance under subsection (d) of section 509 of title 32, United States Code; (2) that is not subject to the matching requirement under such subsection; and (3) for— (A) new program start-up costs; or (B) a workforce development program. (b) Limitations \n(1) Matching \nThe Secretary may not provide additional assistance under this section to a State that does not comply with the fund matching requirement under such subsection regarding assistance under such subsection. (2) Total assistance \nTotal assistance under this section to all States may not exceed $5,000,000 of the funds appropriated for the National Guard Youth Challenge Program for fiscal year 2022. (c) Reporting \nAny assistance provided under this section shall be included in the annual report under subsection (k) of section 509 of such title.", "id": "H4112579BEC9F4D208B8FCE95C588FE3C", "header": "Enhancement of National Guard Youth Challenge Program" }, { "text": "517. Report on methods to enhance support from the reserve components in response to catastrophic incidents \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the appropriate congressional committees a report that includes— (1) a detailed examination of the policy framework for the reserve components, consistent with existing authorities, to provide support to other Federal agencies in response to catastrophic incidents; (2) identify major statutory or policy impediments to such support; and (3) recommendations for legislation as appropriate. (b) Contents \nThe report submitted under this section shall include a description of— (1) the assessment of the Secretary, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding— (A) the sufficiency of current authorities for the reimbursement of reserve component personnel during catastrophic incidents under title 10 and title 32, United States Code; and (B) specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or use of such authorities degrades the effectiveness of the Disaster Relief Fund; (2) the plan of the Secretary to ensure there is parallel and consistent policy in the application of the authorities granted under section 12304a of title 10, United States Code, and section 502(f) of title 32, United States Code, including— (A) a description of the disparities between benefits and protections under Federal law versus State active duty; (B) recommended solutions to achieve parity at the Federal level; and (C) recommended changes at the State level, if appropriate; (3) the plan of the Secretary to ensure there is parity of benefits and protections for members of the Armed Forces employed as part of the response to catastrophic incidents under title 32 or title 10, United States Code, and recommendations for addressing shortfalls; and (4) a review, by the Federal Emergency Management Agency, of the current policy for, and an assessment of the sufficiency of, reimbursement authority for the use of the reserve components, both to the Department of Defense and to the States, during catastrophic incidents, including any policy and legal limitations, and cost assessment impact on Federal funding. (c) Definitions \nIn this section: (1) The term appropriate congressional committees means the following: (A) The congressional defense committees; (B) The Committee on Homeland Security of the House of Representatives. (C) The Committee on Homeland Security and Governmental Affairs of the Senate. (D) The Committee on Transportation and Infrastructure of the House of Representatives. (E) The Committee on Commerce, Science, and Transportation of the Senate. (2) The term catastrophic incident has the meaning given that term in section 501 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 6 U.S.C. 311 ).", "id": "H1E47D33998494F27AF81C94300F61C2E", "header": "Report on methods to enhance support from the reserve components in response to catastrophic incidents" }, { "text": "518. Study on reapportionment of National Guard force structure based on domestic responses \n(a) Study \nThe Secretary of Defense shall conduct a study to determine whether to reapportion the current force structure of the National Guard based on wartime and domestic response requirements. The study shall include the following elements: (1) An assessment of how domestic response missions affect recruitment and retention of qualified personnel, especially in States— (A) with the lowest ratios of National Guard members to the general population; and (B) that are most prone to natural disasters. (2) An assessment of how domestic response missions affect the ability of the National Guard of a State to ability to staff, equip, and ready a unit for its Federal missions. (3) A comparison of the costs of a response to a domestic incident in a State with— (A) units of the National Guard of such State; and (B) units of the National Guards of other States pursuant to an emergency management assistance compact. (4) Based on the recommendations in the 2021 report of the National Guard Bureau titled Impact of U.S. Population Trends on National Guard Force Structure , an assessment of— (A) challenges to recruiting members of the National Guard; (B) allocating mission sets to other geographic regions; (C) the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements; (D) the availability of training ranges for Federal missions; (E) the availability of transportation and other support infrastructure; and (F) the cost of operation in each State. (5) In light of the limited authority of the President under section 104(c) of title 32, United States Code, an assessment of whether the number of members of the National Guard is sufficient to reapportion force structure to meet the requirements of domestic responses and shifting populations. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under subsection (a). (c) State defined \nIn this section, the term State includes the various States and Territories, the Commonwealth of Puerto Rico, and the District of Columbia.", "id": "HDA3725EBC44D4B329FE2A1991DD27FA2", "header": "Study on reapportionment of National Guard force structure based on domestic responses" }, { "text": "519. Briefing on Junior Reserve Officers’ Training Corps program \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the Junior Reserve Officers’ Training Corps programs of each Armed Force. The briefing shall include— (1) an assessment of the current usage of the program, including the number of individuals enrolled in the program, the demographic information of individuals enrolled in the program, and the number of units established under the program; (2) a description of the efforts of the Armed Forces to meet current enrollment targets for the program; (3) an explanation of the reasons such enrollment targets have not been met, if applicable; (4) a description of any obstacles preventing the Armed Forces from meeting such enrollment targets; (5) a comparison of the potential benefits and drawbacks of expanding the program; and (6) a description of program-wide diversity and inclusion recruitment and retention efforts.", "id": "HD808F4442C1F458C959E9550C853CA34", "header": "Briefing on Junior Reserve Officers’ Training Corps program" }, { "text": "521. Reduction in service commitment required for participation in career intermission program of a military department \nSection 710(c)(3) of title 10, United States Code, is amended by striking two months and inserting one month.", "id": "H24D1D8474F164D33A90682B1152440C8", "header": "Reduction in service commitment required for participation in career intermission program of a military department" }, { "text": "522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall take the following steps regarding military accessions in each Armed Force under the jurisdiction of the Secretary of a military department: (1) Assess the prescribed medical standards for appointment as an officer, or enlistment as a member, in such Armed Force. (2) Determine how to update the medical screening processes for appointment or enlistment. (3) Determine how to standardize operations across the military entrance processing stations. (4) Determine how to improve aptitude testing methods and standardized testing requirements. (5) Determine how to improve the waiver process for individuals who do not meet medical standards for accession. (6) Determine, by reviewing data from calendar years 2017 through 2021, whether military accessions (including such accessions pursuant to waivers) vary, by geographic region. (7) Determine, by reviewing data from calendar years 2017 through 2021, whether access to military health records has suppressed the number of such military accessions, authorized Secretaries of the military departments, by— (A) children of members of such Armed Forces; (B) retired members of such Armed Forces; or (C) recently separated members of such Armed Forces. (8) Implement improvements determined under paragraphs (1) through (7). (b) Briefing \nNot later than one year after the date of the enactment of this Act, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on the results of carrying out this section and recommendations regarding legislation the Secretary determines necessary to improve such military accessions.", "id": "H7EA14B57E16549928683F9F03070CB8A", "header": "Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments" }, { "text": "523. Notice program relating to options for naturalization \n(a) Upon enlistment \nThe Secretary of each military department shall prescribe regulations that ensure that a military recruit, who is not a citizen of the United States, receives proper notice of options for naturalization under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) Such notice shall inform the recruit of existing programs or services that may aid in the naturalization process of such recruit. (b) Upon separation \nThe Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall provide to a member of the Armed Forces who is not a citizen of the United States, upon separation of such member, notice of options for naturalization under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) Such notice shall inform the member of existing programs or services that may aid in the naturalization process of such member.", "id": "H88814773AFD64116957E073BAE233B03", "header": "Notice program relating to options for naturalization" }, { "text": "524. Appeals to Physical Evaluation Board determinations of fitness for duty \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall incorporate a formal appeals process (including timelines established by the Secretary of Defense) into the policies and procedures applicable to the implementation of the Integrated Disability Evaluation System of the Department of Defense. The appeals process shall include the following: (1) The Secretary concerned shall ensure that a member of the Armed Forces may submit a formal appeal made with respect to determinations of fitness for duty to a Physical Evaluation Board of such Secretary. (2) The appeals process shall include, at the request of such member, an impartial hearing on a fitness for duty determination to be conducted by the Secretary concerned. (3) Such member shall have the option to be represented at a hearing by legal counsel.", "id": "H511533EC5F3A4086A0F74FFBF39FE27D", "header": "Appeals to Physical Evaluation Board determinations of fitness for duty" }, { "text": "525. Command oversight of military privatized housing as element of performance evaluations \n(a) Evaluations in general \nEach Secretary of a military department shall ensure that the performance evaluations of any individual described in subsection (b) under the jurisdiction of such Secretary provides for an assessment of the extent to which such individual has or has not exercised effective oversight and leadership in the following: (1) Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. (2) Addressing concerns with respect to such housing of members of the Armed Forces and their families who reside in such housing on an installation of the military department concerned. (b) Covered individuals \nThe individuals described in this subsection are as follows: (1) The commander of an installation of a military department at which on-installation housing is managed by a landlord of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. (2) Each officer or senior enlisted member of the Armed Forces at an installation described in paragraph (1) whose duties include facilities or housing management at such installation. (3) Any other officer or enlisted member of the Armed Forces (whether or not at an installation described in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section.", "id": "HD05D90C08DBC4C5782863EEA9965AE26", "header": "Command oversight of military privatized housing as element of performance evaluations" }, { "text": "526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States \n(a) Study; report \nNot later than September 30, 2022, the Secretary of Defense shall— (1) conduct a feasibility study regarding the establishment of a standard record of housing history for members of the Armed Forces who reside in covered housing; and (2) submit to the appropriate congressional committees a report on the results of such study. (b) Contents \nA record described in subsection (a) includes, with regards to each period during which the member concerned resided in covered housing, the following: (1) The assessment of the commander of the military installation in which such housing is located, of the condition of such covered housing— (A) prior to the beginning of such period; and (B) in which the member concerned left such covered housing upon vacating such covered housing. (2) Contact information a housing provider may use to inquire about such a record. (c) Online access \nA record described in subsection (a) would be accessible through a website, maintained by the Secretary of the military department concerned, through which a member of the Armed Forces under the jurisdiction of such Secretary may access such record of such member. (d) Issuance \nThe Secretary concerned would issue a copy of a described in subsection (a) to the member concerned upon the separation, retirement, discharge, or dismissal of such member from the Armed Forces, with the DD Form 214 for such member. (e) Definitions \nIn this section: (1) The term appropriate congressional committees means the following: (A) The Committee on Armed Services of the House of Representatives. (B) The Committee on Armed Services of the Senate. (C) The Committee on Transportation and Infrastructure of the House of Representatives. (D) The Committee on Commerce, Science, and Transportation of the Senate. (2) The term covered housing means housing provided by the United States to a member of the Armed Forces.", "id": "H3C3E14E560054E3A8FBA4443B62230D5", "header": "Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States" }, { "text": "527. Enhancements to national mobilization exercises \n(a) Inclusion of processes of Selective Service System \nSection 10208 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) (1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every five years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for induction of personnel into the armed forces under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), and submit to Congress a report on the results of this exercise and evaluation. The report may be submitted in classified form. (2) The exercise under this subsection— (A) shall include a review of national mobilization strategic and operational concepts; and (B) shall include a simulation of a mobilization of all armed forces and reserve units, with plans and processes for incorporating Selective Service System inductees.. (b) Briefing; report \n(1) Briefing \nNot later than 180 days after the date on which the Secretary of Defense conducts the first mobilization exercise under section 10208 of title 10, United States Code, after the date of the enactment of this Act, the Secretary shall provide to the Committees of Armed Services of the Senate and House of Representatives a briefing on— (A) the status of the review and assessments conducted pursuant to subsection (c) of such section, as added by subsection (a); and (B) any interim recommendations of the Secretary. (2) Report \nNot later than two years after the date on which the Secretary conducts the first mobilization exercise as described in paragraph (1), the Secretary shall submit to the Committees of Armed Services of the Senate and House of Representatives a report that contains the following: (A) A review of national mobilization strategic and operational concepts. (B) A simulation of a mobilization of all Armed Forces and reserve units, with plans and processes for incorporating Selective Service System inductees. (C) An assessment of the Selective Service system in the current organizational form. (D) An assessment of the Selective Service System as a peace-time registration system. (E) Recommendations with respect to the challenges, opportunities, cost, and timelines regarding the assessments described in subparagraphs (C) and (D).", "id": "H3C7D7A4872DA4FEDB4253E1A63425BDD", "header": "Enhancements to national mobilization exercises" }, { "text": "528. Temporary exemption from end strength grade restrictions for the Space Force \n(a) Exemption \nSections 517 and 523 of title 10, United States Code, shall not apply to the Space Force until January 1, 2023. (b) Submittal \nNot later than April 1, 2022, the Secretary of the Air Force shall establish and submit to the Committees on Armed Services for the Senate and House of Representatives for inclusion in the National Defense Authorization Act for fiscal year 2023, the number of officers who— (1) may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel; and (2) may not, as of the end of such fiscal year, exceed a number determined in accordance with section 523(a)(1) of such title.", "id": "HD1E4CAB0E5D4418EA9F95DF7F1123956", "header": "Temporary exemption from end strength grade restrictions for the Space Force" }, { "text": "529. Report on exemptions and deferments for a possible military draft \nNot later than 120 days after the date of the enactment of this Act, the Director of the Selective Service System, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall submit to Congress a report providing a review of exemptions and deferments from registration, training, and service under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ).", "id": "HBF65416D9C2D436FB315C3CAB0FCD5FA", "header": "Report on exemptions and deferments for a possible military draft" }, { "text": "529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act, the Director of the Selective Service System shall submit to the appropriate committees of Congress a report setting forth the results of a review of the processes and procedures employed by agencies across the Federal Government for the appeal by individuals of a denial of status or benefits under Federal law for failure to register for selective service under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ). (b) Consultation \nThe Director of the Selective Service System shall carry out this section in consultation with the Secretary of Homeland Security, the Secretary of Education, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies. (c) Elements \nThe report required by subsection (a) shall include the following: (1) A description and assessment of the various appeals processes and procedures described in subsection (a), including— (A) a description of such processes and procedures; and (B) an assessment of— (i) the adequacy of notice provided for appeals under such processes and procedures; (ii) the fairness of each such process and procedure; (iii) the ease of use of each such process and procedure; (iv) consistency in the application of such processes and procedures across the Federal Government; and (v) the applicability of an appeal granted by one Federal agency under such processes and procedures to the actions and decisions of another Federal agency on a similar appeal. (2) Information on the number of waivers requested, and the number of waivers granted, during the 15-year period ending on the date of the enactment of this Act in connection with denial of status or benefits for failure to register for selective service. (3) An analysis and assessment of the recommendations of the National Commission on Military, National, and Public Service for reforming the rules and policies concerning failure to register for selective service. (4) Such recommendations for legislative or administrative action as the Director of the Selective Service System, and the consulting officers pursuant to subsection (b), consider appropriate in light of the review conducted pursuant to subsection (a). (5) Such other matters in connection with the review conducted pursuant to subsection (a) as the Director considers appropriate. (d) Appropriate committees of Congress defined \nIn this section, the term appropriate committee of Congress means— (1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives.", "id": "HE51F5DD771A945E0A84957287AD69964", "header": "Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service" }, { "text": "529B. Study and report on administrative separation boards \n(a) In general \nThe Comptroller General of the United States shall conduct a study on the use of administrative separation boards within the Armed Forces. (b) Elements \nThe study under subsection (a) shall evaluate— (1) the process each Armed Force uses to convene administrative separation boards, including the process used to select the board president, the recorder, the legal advisor, and board members; and (2) the effectiveness of the operations of such boards. (c) Report \nNot later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a).", "id": "H39FF98EA07004C9EA659DC9F18E1CD2C", "header": "Study and report on administrative separation boards" }, { "text": "531. Special trial counsel \n(a) In general \nSubchapter V of chapter 47 of title 10, United States Code, is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section: 824a. Art 24a. Special trial counsel \n(a) Detail of special trial counsel \nEach Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel. (b) Qualifications \nA special trial counsel shall be a commissioned officer who— (1) (A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and (B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by— (i) the Judge Advocate General of the armed force of which the officer is a member; or (ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and (2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7. (c) Duties and authorities \n(1) In general \nSpecial trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation. (2) Determination of covered offense; related charges \n(A) Authority \nA special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. (B) Known and related offenses \nIf a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. (3) Dismissal; referral; plea bargains \nSubject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter— (A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; (B) refer the charges and specifications for trial by a special or general court-martial; (C) enter into a plea agreement; and (D) determine if an ordered rehearing is impracticable. (4) Binding determination \nThe determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. (5) Deferral to commander or convening authority \nIf a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial.. (b) Table of sections amendment \nThe table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 824 (article 24) the following new item: 824a. Art 24a. Special trial counsel.. (c) Report required \n(1) In general \nNot later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plan of the Secretary for detailing officers to serve as special trial counsel pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by subsection (a) of this section). (2) Elements \nEach report under paragraph (1) shall include the following— (A) The plan of the Secretary concerned— (i) for staffing billets for— (I) special trial counsel who meet the requirements set forth in section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by subsection (a) of this section); and (II) defense counsel for cases involving covered offenses; and (ii) for supporting and ensuring the continuing professional development of military justice practitioners. (B) An estimate of the resources needed to implement such section 824a (article 24a). (C) An explanation of other staffing required to implement such section 824a (article 24a), including staffing levels required for military judges, military magistrates, military defense attorneys, and paralegals and other support staff. (D) A description of how the use of special trial counsel will affect the military justice system as a whole. (E) A description of how the Secretary concerned plans to place appropriate emphasis and value on litigation experience for judge advocates in order to ensure judge advocates are experienced, prepared, and qualified to handle covered offenses, both as special trial counsel and as defense counsel. Such a description shall address promotion considerations and explain how the Secretary concerned plans to instruct promotion boards to value litigation experience. (F) Any additional resources, authorities, or information that each Secretary concerned deems relevant or important to the implementation of the requirements of this title. (3) Definitions \nIn this subsection— (A) The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code. (B) The term covered offense has the meaning given that term in section 801(17) of title 10, United States Code (as added by section 533 of this part).", "id": "H5A52105784AB4E02BFDF3A3927EDBD29", "header": "Special trial counsel" }, { "text": "824a. Art 24a. Special trial counsel \n(a) Detail of special trial counsel \nEach Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel. (b) Qualifications \nA special trial counsel shall be a commissioned officer who— (1) (A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and (B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by— (i) the Judge Advocate General of the armed force of which the officer is a member; or (ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and (2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7. (c) Duties and authorities \n(1) In general \nSpecial trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation. (2) Determination of covered offense; related charges \n(A) Authority \nA special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. (B) Known and related offenses \nIf a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. (3) Dismissal; referral; plea bargains \nSubject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter— (A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; (B) refer the charges and specifications for trial by a special or general court-martial; (C) enter into a plea agreement; and (D) determine if an ordered rehearing is impracticable. (4) Binding determination \nThe determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. (5) Deferral to commander or convening authority \nIf a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial.", "id": "HB65DBDC1DAE64732AFEF324FB0465B05", "header": "Special trial counsel" }, { "text": "532. Policies with respect to special trial counsel \n(a) In general \nChapter 53 of title 10, United States Code, is amended by inserting after section 1044e the following new section: 1044f. Policies with respect to special trial counsel \n(a) Policies required \nThe Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall— (1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; (2) provide for the appointment of one lead special trial counsel, who shall— (A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; (B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and (C) report directly to the Secretary concerned, without intervening authority; (3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office— (A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and (B) conduct assigned activities free from unlawful or unauthorized influence or coercion; (4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and (5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. (b) Uniformity \nThe Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure. (c) Military service defined \nIn this section, the term military service means the Army, Navy, Air Force, Marine Corps, and Space Force.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1044e the following new item: 1044f. Policies with respect to special trial counsel.. (c) Quarterly briefing \nBeginning not later than 180 days after the date of the enactment of this Act, and at the beginning of each fiscal quarter thereafter until the policies established pursuant to section 1044f(a) of title 10, United States Code (as added by subsection (a)) and the mechanisms and procedures to which they apply are fully implemented and operational, the Secretary of Defense and the Secretaries of the military departments shall jointly provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing detailing the actions taken and progress made by the Office of the Secretary of Defense and each of the military departments in meeting the milestones established as required by such section.", "id": "H9EB00194914F489E8B1EEEAC62319255", "header": "Policies with respect to special trial counsel" }, { "text": "1044f. Policies with respect to special trial counsel \n(a) Policies required \nThe Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall— (1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; (2) provide for the appointment of one lead special trial counsel, who shall— (A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; (B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and (C) report directly to the Secretary concerned, without intervening authority; (3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office— (A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and (B) conduct assigned activities free from unlawful or unauthorized influence or coercion; (4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and (5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. (b) Uniformity \nThe Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure. (c) Military service defined \nIn this section, the term military service means the Army, Navy, Air Force, Marine Corps, and Space Force.", "id": "H1C244A7A5D0E45D3B1924F8FE8FB3076", "header": "Policies with respect to special trial counsel" }, { "text": "533. Definition of military magistrate, covered offense, and special trial counsel \nSection 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended— (1) by inserting after paragraph (10) the following new paragraph: (11) The term military magistrate means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a). ; and (2) by adding at the end the following new paragraphs: (17) The term covered offense means— (A) an offense under section 917a (article 117a), section 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 925 (article 125), section 928b (article 128b), section 930 (article 130), section 932 (article 132), or the standalone offense of child pornography punishable under section 934 (article 134) of this title; (B) a conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81); (C) a solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82); or (D) an attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80). (18) The term special trial counsel means a judge advocate detailed as a special trial counsel in accordance with section 824a of this title (article 24a) and includes a judge advocate appointed as a lead special trial counsel pursuant to section 1044f(a)(2) of this title..", "id": "H1317B7007EC845128FF389AE32BAF2A8", "header": "Definition of military magistrate, covered offense, and special trial counsel" }, { "text": "534. Clarification relating to who may convene courts-martial \n(a) General courts-martial \nSection 822(b) of title 10, United States Code (article 22(b) of the Uniform Code of Military Justice), is amended— (1) by striking If any and inserting (1) If any ; and (2) by adding at the end the following new paragraph: (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.. (b) Special courts-martial \nSection 823(b) of title 10, United States Code (article 23(b) of the Uniform Code of Military Justice), is amended— (1) by striking If any and inserting (1) If any ; and (2) by adding at the end the following new paragraph: (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter..", "id": "H904E8E6CB7C04FD399FA142419052A02", "header": "Clarification relating to who may convene courts-martial" }, { "text": "535. Detail of trial counsel \nSection 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: (e) For each general and special court-martial for which charges and specifications were referred by a special trial counsel— (1) a special trial counsel shall be detailed as trial counsel; and (2) a special trial counsel may detail other trial counsel as necessary who are judge advocates..", "id": "HABEE019ADCEB45DCBDFC394D14D770AC", "header": "Detail of trial counsel" }, { "text": "536. Preliminary hearing \n(a) Detail of hearing officer; waiver \nSubsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended— (1) in subparagraph (A), by striking hearing officer and all that follows through the period at the end and inserting hearing officer detailed in accordance with subparagraph (C). ; (2) in subparagraph (B), by striking written waiver and all that follows through the period at the end and inserting the following: written waiver to— (i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and (ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with section 824a of this title (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required. ; and (3) by adding at the end the following new subparagraph: (C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer. (ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.. (b) Report of preliminary hearing officer \nSubsection (c) of such section is amended— (1) in the heading, by inserting or special trial counsel after convening authority ; and (2) in the matter preceding paragraph (1) by striking to the convening authority and inserting to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel,.", "id": "H6433B2625E814274BD94D98B51F9E90D", "header": "Preliminary hearing" }, { "text": "537. Advice to convening authority before referral for trial \nSection 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended— (1) in subsection (a)(1), by striking Before referral and inserting Subject to subsection (c), before referral (2) in subsection (b), by striking Before referral and inserting Subject to subsection (c), before referral ; (3) by redesignating subsections (c) and (d) as subsections (d) and (e) respectively; (4) by inserting after subsection (b) the following new subsection: (c) Covered offenses \nA referral to a general or special court-martial for trial of charges and specifications over which a special trial counsel exercises authority may only be made— (1) by a special trial counsel, subject to a special trial counsel’s written determination accompanying the referral that— (A) each specification under a charge alleges an offense under this chapter; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense; or (2) in the case of charges and specifications that do not allege a covered offense and as to which a special trial counsel declines to prefer or, in the case of charges and specifications preferred by a person other than a special trial counsel, refer charges, by the convening authority in accordance with this section. ; and (5) in subsection (e), as so redesignated, by inserting or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 824a of this title (article 24a), a special trial counsel, after convening authority.", "id": "H908CE16688614E90AE890ED0B3D1913C", "header": "Advice to convening authority before referral for trial" }, { "text": "538. Former jeopardy \nSection 844(c) of title 10, United States Code (article 44(c) of the Uniform Code of Military Justice), is amended by inserting or the special trial counsel after the convening authority each place it appears.", "id": "H4AA098D6604946C49B57C0B16C08D071", "header": "Former jeopardy" }, { "text": "539. Plea agreements \n(a) Authority to enter into agreements \nSubsection (a) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), is amended— (1) in paragraph (1), by striking At any time and inserting Subject to paragraph (3), at any time ; and (2) by adding at the end the following new paragraph: (3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).. (b) Binding effect \nSubsection (d) of such section (article) is amended by inserting after parties the following: (including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3)).", "id": "H9F59E21211F24B3E81E8FFE062652C17", "header": "Plea agreements" }, { "text": "539A. Determinations of impracticability of rehearing \n(a) Transmittal and review of records \nSection 865(e)(3)(B) of title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of Military Justice), is amended— (1) by striking impractical.—If the Judge Advocate General and inserting the following: impracticable.— (i) In general \nSubject to clause (ii), if the Judge Advocate General ; (2) by striking impractical and inserting impracticable ; and (3) by adding at the end the following new clause: (ii) Cases referred by special trial counsel \nIf a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (b) Courts of criminal appeals \nSection 866(f)(1)(C) of title 10, United States Code (article 66(f)(1)(C) of the Uniform Code of Military Justice), is amended— (1) by striking impracticable.—If the Court of Criminal Appeals and inserting the following: “ Impracticable.— (i) In general \nSubject to clause (ii), if the Court of Criminal Appeals ; and (2) by adding at the end the following new clause: (ii) Cases referred by special trial counsel \nIf a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (c) Review by the court of appeals for the armed forces \nSection 867(e) of title 10, United States Code (article 67(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: Notwithstanding the preceding sentence, if a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (d) Review by Judge Advocate General \nSection 869(c)(1)(D) of title 10, Untied States Code (article 69(c)(1)(D) of the Uniform Code of Military Justice), is amended— (1) by striking If the Judge Advocate General and inserting (i) Subject to clause (ii), if the Judge Advocate General ; (2) by striking impractical and inserting impracticable ; and (3) by adding at the end the following new clause: (ii) If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines..", "id": "HF1A6A88BC35E42EE983A1E15935AE9A7", "header": "Determinations of impracticability of rehearing" }, { "text": "539B. Applicability to the United States Coast Guard \nThe Secretary of Defense shall consult and enter into an agreement with the Secretary of Homeland Security to apply the provisions of this part and the amendments made by this part, and the policies, mechanisms, and processes established pursuant to such provisions, to the United States Coast Guard when it is operating as a service in the Department of Homeland Security.", "id": "H9A36AA8E75C3469881DBCF6751932547", "header": "Applicability to the United States Coast Guard" }, { "text": "539C. Effective date \n(a) In general \nExcept as provided in subsection (b), the amendments made by this part shall take effect on the date that is two years after the date of the enactment of this Act and shall apply with respect to offenses that occur after that date. (b) Regulations \n(1) Requirement \nThe President shall prescribe regulations to carry out this part not later than two years after the date of the enactment of this Act. (2) Impact of delay of issuance \nIf the President does not prescribe the regulations necessary to carry out this part before the date that is two years after the date of the enactment of this Act, the amendments made by this part shall take effect on the date on which such regulations are prescribed and shall apply with respect to offenses that occur on or after that date.", "id": "HAF2091532AF345369F13C72F1CB8E3C5", "header": "Effective date" }, { "text": "539D. Inclusion of sexual harassment as general punitive article \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, the President shall— (1) prescribe regulations establishing sexual harassment, as described in this section, as an offense punishable under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice); and (2) revise the Manual for Courts-Martial to include such offense. (b) Elements of offense \nThe regulations and the revisions to the Manual for Courts-Martial required under subsection (a) shall provide that the required elements constituting the offense of sexual harassment are— (1) that the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature; (2) that such conduct was unwelcome; (3) that, under the circumstances, such conduct— (A) would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of that person’s job, pay, career, benefits, or entitlements; (B) would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements; or (C) was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and (4) that, under the circumstances, the conduct of the accused was— (A) to the prejudice of good order and discipline in the armed forces; (B) of a nature to bring discredit upon the armed forces; or (C) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.", "id": "H678FF449CC71424A807F66392CEDB7B2", "header": "Inclusion of sexual harassment as general punitive article" }, { "text": "539E. Sentencing reform \n(a) Article 53; findings and sentencing \nSection 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), is amended— (1) in subsection (b), by amending paragraph (1) to read as follows: (1) General and special courts-martial \nExcept as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial. ; and (2) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general \nIn a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death— (A) the members shall determine— (i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or (ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and (B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A). ; and (B) in paragraph (2), by striking the court-martial and inserting the military judge. (b) Article 53a; plea agreements \nSection 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as amended by section 539 of this Act, is further amended— (1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) Acceptance of plea agreement \nSubject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that— (1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and (2) in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.. (c) Article 56; sentencing \nSection 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (C)(vii), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) the applicable sentencing parameters or sentencing criteria set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022. ; and (B) by striking paragraphs (2) through (4) and inserting the following new paragraphs: (2) Application of sentencing parameters in general and special courts-martial \n(A) Requirement to sentence within parameters \nExcept as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall sentence the accused for that offense within the applicable parameter. (B) Exception \nThe military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence. (3) Use of sentencing criteria in general and special courts-martial \nIn a general or special court-martial in which the accused is convicted of an offense for which the President has established sentencing criteria pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense. (4) Offense-based sentencing in general and special courts-martial \nIn announcing the sentence under section 853 of this title (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently. (5) Inapplicability to death penalty \nSentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death. (6) Sentence of confinement for life without eligibility for parole \n(A) In general \nIf an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole. (B) Term of confinement \nAn accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused's life unless— (i) the sentence is set aside or otherwise modified as a result of— (I) action taken by the convening authority or the Secretary concerned; or (II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter; (ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or (iii) the accused receives a pardon or another form of Executive clemency. ; and (4) in subsection (d)(1)— (A) in subparagraph (A), by striking or at the end; (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: (B) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the sentence is a result of an incorrect application of the parameter; or ; and (D) in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking , as determined in accordance with standards and procedures prescribed by the President. (d) Article 66; courts of criminal appeals \nSection 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 539A of this Act, is further amended— (1) in subsection (d)(1)(A), by striking the third sentence; and (2) by amending subsection (e) to read as follows: (e) Consideration of sentence \n(1) In general \nIn considering a sentence on appeal, other than as provided in section 856(d) of this title (article 56(d)), the Court of Criminal Appeals may consider— (A) whether the sentence violates the law; (B) whether the sentence is inappropriately severe— (i) if the sentence is for an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022; or (ii) in the case of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, if the sentence is above the upper range of such sentencing parameter; (C) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, whether the sentence is a result of an incorrect application of the parameter; (D) whether the sentence is plainly unreasonable; and (E) in review of a sentence to death or to life in prison without eligibility for parole determined by the members in a capital case under section 853(c) of this title (article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President. (2) Record on appeal \nIn an appeal under this subsection or section 856(d) of this title (article 56(d)), other than review under subsection (b)(2) of this section, the record on appeal shall consist of— (A) any portion of the record in the case that is designated as pertinent by any party; (B) the information submitted during the sentencing proceeding; and (C) any information required by rule or order of the Court of Criminal Appeals.. (e) Establishment of sentencing parameters and sentencing criteria \n(1) In general \nNot later than two years after the date of the enactment of this Act, the President shall prescribe regulations establishing sentencing parameters and sentencing criteria related to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), in accordance with this subsection. Such parameters and criteria— (A) shall cover sentences of confinement; and (B) may cover lesser punishments, as the President determines appropriate. (2) Sentencing parameters \nSentencing parameters established under paragraph (1) shall— (A) identify a delineated sentencing range for an offense that is appropriate for a typical violation of the offense, taking into consideration— (i) the severity of the offense; (ii) the guideline or offense category that would apply to the offense if the offense were tried in a United States district court; (iii) any military-specific sentencing factors; (iv) the need for the sentencing parameter to be sufficiently broad to allow for individualized consideration of the offense and the accused; and (v) any other relevant sentencing guideline. (B) include no fewer than 5 and no more than 12 offense categories; (C) assign such offense under this chapter to an offense category unless the offense is identified as unsuitable for sentencing parameters under paragraph (4)(F)(ii); and (D) delineate the confinement range for each offense category by setting an upper confinement limit and a lower confinement limit. (3) Sentencing criteria \nSentencing criteria established under paragraph (1) shall identify offense-specific factors the military judge should consider and any collateral effects of available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable sentencing parameter for a specific offense. (4) Military sentencing parameters and criteria board \n(A) In general \nThere is established within the Department of Defense a board, to be known as the Military Sentencing Parameters and Criteria Board (referred to in this subsection as the Board ). (B) Voting members \nThe Board shall have 5 voting members, as follows: (i) The 4 chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), except that, if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard may designate as a voting member a judge advocate of the Coast Guard with substantial military justice experience. (ii) A trial judge of the Navy, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Navy. (iii) A trial judge of the Marine Corps, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Marine Corps. (C) Nonvoting members \nThe Chief Judge of the Court of Appeals for the Armed Forces, the Chairman of the Joint Chiefs of Staff, and the General Counsel of the Department of Defense shall each designate one nonvoting member of the Board. The Secretary of Defense may appoint one additional nonvoting member of the Board at the Secretary's discretion. (D) Chair and vice-chair \nThe Secretary of Defense shall designate one voting member as chair of the Board and one voting member as vice-chair. (E) Voting requirement \nAn affirmative vote of at least three members is required for any action of the Board under this subsection. (F) Duties of board \nThe Board shall have the following duties: (i) As directed by the Secretary of Defense, the Board shall submit to the President for approval— (I) sentencing parameters for all offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) (other than offenses that the Board identifies as unsuitable for sentencing parameters in accordance with clause (ii)); and (II) sentencing criteria to be used by military judges in determining appropriate sentences for offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii). (ii) Identify each offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that is unsuitable for sentencing parameters. The Board shall identify an offense as unsuitable for sentencing parameters if— (I) the nature of the offense is indeterminate and unsuitable for categorization; and (II) there is no similar criminal offense under the laws of the United States or the laws of the District of Columbia. (iii) In developing sentencing parameters and criteria, the Board shall consider the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of title 10, United States Code (article 146(f)(2) of the Uniform Code of Military Justice). (iv) In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, reductions, forfeitures, and other lesser punishments authorized under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (v) The Board shall regularly— (I) review, and propose revision to, in consideration of comments and data coming to the Board's attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); and (II) submit to the President, through the Secretary of Defense, proposed amendments to the sentencing parameters and sentencing criteria, together with statements explaining the basis for the proposed amendments. (vi) The Board shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to the sentencing factors and policies set forth in this section. (vii) In fulfilling its duties and in exercising its powers, the Board shall consult authorities on, and individual and institutional representatives of, various aspects of the military criminal justice system. The Board may establish separate advisory groups consisting of individuals with current or recent experience in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and such other groups as the Board deems appropriate. (viii) The Board shall submit to the President, through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to sentencing proceedings and maximum punishments, together with statements explaining the basis for the proposed amendments. (f) Effective date \nThe amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act. (g) Repeal of secretarial guidelines on sentences for offenses committed under the Uniform Code of Military Justice \nSection 537 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed.", "id": "H5966F1E6859F40B7B07F82414BA78017", "header": "Sentencing reform" }, { "text": "539F. Briefing and report on resourcing required for implementation \n(a) Briefing and report required \n(1) Briefing \nNot later than March 1, 2022, each Secretary concerned shall provide to the appropriate congressional committees a briefing that details the resourcing necessary to implement this subtitle and the amendments made by this subtitle. (2) Report \nOn a date occurring after the briefing under paragraph (1), but not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report that details the resourcing necessary to implement this subtitle and the amendments made by this subtitle. (3) Form of briefing and report \nEach Secretary concerned may provide the briefing and report required under paragraphs (1) and (2) jointly, or separately, as determined appropriate by such Secretaries (b) Elements \nThe briefing and report required under subsection (a) shall address the following: (1) The number of additional personnel and personnel authorizations (military and civilian) required by the Armed Forces to implement and execute the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (2) The basis for the number provided pursuant to paragraph (1), including the following: (A) A description of the organizational structure in which such personnel or groups of personnel are or will be aligned. (B) The nature of the duties and functions to be performed by any such personnel or groups of personnel across the domains of policy-making, execution, assessment, and oversight. (C) The optimum caseload goal assigned to the following categories of personnel who are or will participate in the military justice process: criminal investigators of different levels and expertise, laboratory personnel, defense counsel, special trial counsel, military defense counsel, military judges, and military magistrates. (D) Any required increase in the number of personnel currently authorized in law to be assigned to the Armed Force concerned. (3) The nature and scope of any contract required by the Armed Force concerned to implement and execute the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (4) The amount and types of additional funding required by the Armed Force concerned to implement the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (5) Any additional authorities required to implement the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (6) Any additional information the Secretary concerned determines is necessary to ensure the manning, equipping, and resourcing of the Armed Forces to implement and execute the provisions of this subtitle and the amendments made by this subtitle. (c) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. (2) The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code.", "id": "H19EBF624E920486D9AD0F75A9EEBA6A8", "header": "Briefing and report on resourcing required for implementation" }, { "text": "539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military \n(a) Briefing required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the implementation of the recommendations set forth in the report of the Independent Review Commission on Sexual Assault in the Military titled Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military , and dated July 2, 2021. (b) Elements \nThe briefing under subsection (a) shall address the following: (1) The status of the implementation of each recommendation, including— (A) whether, how, and to what extent the recommendation has been implemented; and (B) any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the implementation of the recommendation. (2) For each recommendation that has not been fully implemented or superseded by statute as of the date of the briefing, a description of any plan for the implementation of the recommendation, including identification of— (A) intermediate actions, milestone dates, and any expected completion date for implementation of the recommendation; and (B) any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the recommendation.", "id": "HD48680DD6311462E8DF236A4FFA2DA6B", "header": "Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military" }, { "text": "541. Rights of the victim of an offense under the Uniform Code of Military Justice \nSection 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice), is amended— (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: (8) The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused..", "id": "H8920D6F0156A488E98FFBA414F3CC27B", "header": "Rights of the victim of an offense under the Uniform Code of Military Justice" }, { "text": "542. Conduct unbecoming an officer \n(a) In general \nSection 933 of title 10, United States Code (article 133 of the Uniform Code of Military Justice) is amended— (1) in the section heading, by striking and a gentleman ; and (2) by striking and a gentleman. (b) Clerical amendment \nThe table of sections at the beginning of subchapter X of chapter 47 of such title is amended by striking the item relating to section 933 (article 133) and inserting the following new item: 933. 133. Conduct unbecoming an officer..", "id": "HC13D3836243E4796AB8FEB0E70F87635", "header": "Conduct unbecoming an officer" }, { "text": "543. Independent investigation of complaints of sexual harassment \n(a) In general \nSection 1561 of title 10, United States Code, is amended to read as follows: 1561. Complaints of sexual harassment: independent investigation \n(a) Action on complaints alleging sexual harassment \nA commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. (b) Commencement of investigation \nTo the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— (1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and (2) advise the complainant of the commencement of the investigation. (c) Duration of investigation \nTo the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate. (d) Report on investigation \nTo the extent practicable, a commanding officer or officer in charge shall— (1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. (e) Sexual harassment defined \nIn this section, the term sexual harassment means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).. (b) Clerical amendment \nThe table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by striking the item relating to section 1561 and inserting the following new item: 1561. Complaints of sexual harassment: independent investigation.. (c) Effective date \nThe amendments made by subsections (a) and (b) shall— (1) take effect on the date that is two years after the date of the enactment of this Act; and (2) apply to any investigation of a formal complaint of sexual harassment (as defined in section 1561 of title 10, United States Code, as amended by subsection (a)) made on or after that date. (d) Regulations \nNot later than 18 months after the date of the enactment of this Act the Secretary of Defense shall prescribe regulations providing for the implementation of section 1561 of title 10, United States Code, as amended by subsection (a). (e) Report on implementation \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the preparation of the Secretary to implement section 1561 of title 10, United States Code, as amended by subsection (a).", "id": "HAB455DBFD7F7482CB94A844FFB5598BC", "header": "Independent investigation of complaints of sexual harassment" }, { "text": "1561. Complaints of sexual harassment: independent investigation \n(a) Action on complaints alleging sexual harassment \nA commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. (b) Commencement of investigation \nTo the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— (1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and (2) advise the complainant of the commencement of the investigation. (c) Duration of investigation \nTo the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate. (d) Report on investigation \nTo the extent practicable, a commanding officer or officer in charge shall— (1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. (e) Sexual harassment defined \nIn this section, the term sexual harassment means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).", "id": "HA59FFBABDE124C41B7E8E44313C9FEDA", "header": "Complaints of sexual harassment: independent investigation" }, { "text": "544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons \n(a) In general \nChapter 80 of title 10, United States Code, is amended by inserting after section 1562 the following new section: 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense \n(a) Designation of responsible component \nThe Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b). (b) Tracking of allegations \nThe head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including— (1) that such an allegation has been reported and by whom; (2) the date of the report; (3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; (4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; (5) the entry of findings; (6) referral of such findings to a decisionmaker for review and action, as appropriate; (7) the outcome of final action; and (8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary. (c) Covered allegation of retaliation defined \nIn this section, the term covered allegation of retaliation means an allegation of retaliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General or any other inspector general; (B) a military criminal investigative organization; (C) a commander or other person at the direction of the commander; (D) another military or civilian law enforcement organization; or (E) any other organization, officer, or employee of the Department of Defense.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by inserting after the item relating to section 1562 the following new item: 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense..", "id": "HD23FA5E6F9144D1894B1C5883DC3AD30", "header": "Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons" }, { "text": "1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense \n(a) Designation of responsible component \nThe Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b). (b) Tracking of allegations \nThe head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including— (1) that such an allegation has been reported and by whom; (2) the date of the report; (3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; (4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; (5) the entry of findings; (6) referral of such findings to a decisionmaker for review and action, as appropriate; (7) the outcome of final action; and (8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary. (c) Covered allegation of retaliation defined \nIn this section, the term covered allegation of retaliation means an allegation of retaliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General or any other inspector general; (B) a military criminal investigative organization; (C) a commander or other person at the direction of the commander; (D) another military or civilian law enforcement organization; or (E) any other organization, officer, or employee of the Department of Defense.", "id": "H625E3AAFDFB4462BACA170526E0D5A7B", "header": "Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense" }, { "text": "545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial \nSection 549 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 806b note) is amended— (1) in the section heading, by striking alleged sexual assault and inserting alleged sex-related offense ; (2) by striking Under regulations and inserting Notwithstanding section 552a of title 5, United States Code, and under regulations ; (3) by striking alleged sexual assault and inserting an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code) ; and (4) by adding at the end the following new sentence: Upon such final determination, the commander shall notify the victim of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant.", "id": "H05E0CB25BEC349A08387A47AE15B3EF5", "header": "Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial" }, { "text": "546. Civilian positions to support Special Victims’ Counsel \n(a) Civilian support positions \nEach Secretary of a military department may establish one or more civilian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary. (b) Duties \nThe duties of each position under subsection (a) shall be— (1) to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative support; and (2) to ensure the continuity of legal services and the preservation of institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to offices of the Special Victims’ Counsel. (c) Special Victims’ Counsel defined \nIn this section, the term Special Victims’ Counsel means Special Victims’ Counsel described in section 1044e of title 10, United States Code, and in the case of the Navy and Marine Corps, includes counsel designated as Victims’ Legal Counsel.", "id": "H7ACAA15619324C1292AC6654DA34165E", "header": "Civilian positions to support Special Victims’ Counsel" }, { "text": "547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law \n(a) Plan for document management system \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan pursuant to which the Secretary of Defense shall establish a single document management system for use by each Armed Force to collect and present information on matters within the military justice system, including information collected and maintained for purposes of section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice). (2) Elements \nThe plan under subsection (a) shall meet the following criteria: (A) Consistency of data fields \nThe plan shall ensure that each Armed Force uses consistent data collection fields, definitions, and other criteria for the document management system described in subsection (a). (B) Best practices \nThe plan shall include a strategy for incorporating into the document management system the features of the case management and electronic case filing system of the Federal courts to the greatest extent possible. (C) Prospective application \nThe plan shall require the document management system to be used for the collection and presentation of information about matters occurring after the date of the implementation of the system. The plan shall not require the collection and presentation of historical data about matters occurring before the implementation date of the system. (D) Resources \nThe plan shall include an estimate of the resources (including costs, staffing, and other resources) required to implement the document management system. (E) Authorities \nThe plan shall include an analysis of any legislative actions, including any changes to law, that may be required to implement the document management system for each Armed Force. (b) Plan for tracking pretrial information \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing how the Armed Forces will collect, track, and maintain pretrial records, data, and other information regarding the reporting, investigation, and processing of all offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), arising in any Armed Force in a manner such that each Armed Force uses consistent data collection fields, definitions, and criteria. (c) Plan for assessing effects of changes in law \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing the manner in which the Department of Defense will analyze the effects of the changes in law and policy required under subtitle D and the amendments made by such subtitle with respect to the disposition of offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by section 531 of this Act). (d) Interim briefings \n(1) In general \nNot less frequently than once every 90 days during the covered period, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall provide to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of the development of the plans required under subsections (a) through (c). (2) Covered period \nIn this subsection, the term covered period means the period beginning on the date of the enactment of this Act and ending on the date that is one year after the date of the enactment of this Act. (e) Judge advocates specified \nThe Judge Advocates specified in this subsection are the following: (1) The Judge Advocate General of the Army. (2) The Judge Advocate General of the Navy. (3) The Judge Advocate General of the Air Force. (4) The Staff Judge Advocate to the Commandant of the Marine Corps. (5) The Judge Advocate General of the Coast Guard.", "id": "H80DBEBB6580947479244F4DC47D94B0D", "header": "Plans for uniform document management system, tracking pretrial information, and assessing changes in law" }, { "text": "548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown \n(a) Comprehensive review of missing persons reporting \nThe Secretary of Defense shall instruct each Secretary of a military department to perform a comprehensive review of the policies and procedures of the military department concerned to determine and report a member of an Armed Force under the jurisdiction of such Secretary of a military department as missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (b) Review of installation-level procedures \nIn addition to such other requirements as may be set forth by the Secretary of Defense pursuant to subsection (a), each Secretary of a military department shall, with regard to the military department concerned— (1) direct each commander of a military installation, including any tenant command or activity present on such military installation, to review policies and procedures for carrying out the determination and reporting activities described in subsection (a); and (2) update such installation-level policies and procedures, including any tenant command or activity policies and procedures, to improve force protection, enhance security for members living on the military installation, and promote reporting at the earliest practicable time to local law enforcement (at all levels) and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a member is determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (c) Installation-specific reporting protocols \n(1) In general \nEach commander of a military installation shall establish a protocol applicable to all persons and organizations present on the military installation, including tenant commands and activities, for sharing information with local and Federal law enforcement agencies about members who are missing, absent-unknown, absent without leave, or duty status-whereabouts unknown. The protocol shall provide for the immediate entry regarding the member concerned in the Missing Persons File of the National Crimes Information Center data and for the commander to immediately notify all local law enforcement agencies with jurisdictions in the immediate area of the military installation, when the status of a member assigned to such installation has been determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (2) Reporting to military installation command \nEach commander of a military installation shall submit the protocol established pursuant to paragraph (1) to the Secretary of the military department concerned. (d) Report regarding National Guard \nNot later than June 1, 2022, the Secretary of Defense shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report on the feasibility of implementing subsections (a), (b), and (c), with regards to facilities of the National Guard. Such report shall include recommendations of the Secretary, including a proposed timeline for implementing the provisions of such subsections that the Secretary determines feasible.", "id": "HB6EE8A6ED1CB4DA5A6A8178EB5B446C4", "header": "Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown" }, { "text": "549. Activities to improve family violence prevention and response \n(a) Delegation of authority to authorize exceptional eligibility for certain benefits \nParagraph (4) of section 1059(m) of title 10, United States Code, is amended to read as follows: (4) (A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated. (B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.. (b) Extension of requirement for annual Family Advocacy Program report regarding child abuse and domestic violence \nSection 574(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2141) is amended by striking April 30, 2021 and inserting April 30, 2026. (c) Implementation of Comptroller General recommendations \n(1) In general \nConsistent with the recommendations set forth in the report of the Comptroller General of the United States titled Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K). (A) Domestic abuse data \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following: (i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including— (I) data on the numbers and types of domestic abuse incidents involving members of the Armed Forces; and (II) data for inclusion in the reports required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2141). (ii) Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse. (iii) Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse. (B) Domestic violence and command action data \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall— (i) evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to— (I) eliminate gaps and redundancies in the activities of such organizations; (II) ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and (III) otherwise improve the tracking of such incidents and actions across the Department; (ii) based on the evaluation under clause (i), clarify or adjust— (I) the duties of such organizations and elements; and (II) the manner in which such organizations and elements coordinate their activities; and (iii) issue guidance to the Secretaries of the military departments to clarify and standardize the information required to be collected and reported to the database on domestic violence incidents under section 1562 of title 10, United States Code. (C) Regulations for violation of civilian orders of protection \nThe Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (D) Agreements with civilian victim service organizations \n(i) Guidance required \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii). (ii) Contents of agreement \nA memorandum of understanding entered into under clause (i) shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that— (I) the services offered at the installation are insufficient to meet the victim’s needs; or (II) such a referral would otherwise benefit the victim. (E) Screening and reporting of initial allegations \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process— (i) to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident; and (ii) to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees. (F) Implementation and oversight of Incident Determination Committees \n(i) Implementation \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force. (ii) Oversight and monitoring \nThe Secretary of Defense shall— (I) direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and (II) establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces. (G) Reasonable suspicion standard for incident reporting \nNot later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations— (i) under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and (ii) that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i). (H) Guidance for victim risk assessment \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that— (i) identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and (ii) establishes minimum qualifications for the personnel responsible for using such tools. (I) Improving Family Advocacy Program awareness campaigns \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement— (i) a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and (ii) metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns. (J) Assessment of the disposition model for domestic violence \nAs part of the independent analysis required by section 549C of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) the Secretary of Defense shall include an assessment of— (i) the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to— (I) the eligibility of victims for transitional compensation and other benefits; and (II) the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and (ii) the feasibility and advisability of establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model. (K) Family Advocacy Program training \n(i) Training for commanders and senior enlisted advisors \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall— (I) ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and (II) shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training. (ii) Training for chaplains \nThe Secretary of Defense shall— (I) require that chaplains of the Armed Forces receive Family Advocacy Program training; (II) establish content requirements and learning objectives for such training; and (III) provide such additional guidance and sample training materials as may be necessary to effectively implement such training. (iii) Training completion data \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training. (2) General implementation date \nExcept as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act. (3) Quarterly status briefing \nNot later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph (1) have been implemented, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the implementation of such activities. (d) Information on services for military families \nEach Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following: (1) The Family Advocacy Program of the Armed Force or military department concerned. (2) Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect. (3) Other applicable victim services. (e) Reports on staffing levels for family advocacy programs \n(1) In general \nNot later than 180 days after the date on which the staffing tool described in paragraph (2) becomes operational, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following: (A) Military, civilian, and contract support staffing levels for the Family Advocacy Programs of the Armed Forces at each military installation so staffed as of the date of the report. (B) Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool. (2) Staffing tool described \nThe staffing tool described in this paragraph is a tool that will be used to assist the Department in determining adequate staffing levels for Family Advocacy Programs. (3) Comptroller General review \n(A) In general \nFollowing the submission of the first annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review of the staffing of the Family Advocacy Programs of the Armed Forces. (B) Elements \nThe review conducted under subparagraph (A) shall include an assessment of each of the following: (i) The extent to which the Armed Forces have filled authorized billets for Family Advocacy program manager, clinician, and victim advocate positions. (ii) The extent to which the Armed Forces have experienced challenges filling authorized Family Advocacy Program positions, and how such challenges, if any, have affected the provision of services. (iii) The extent to which the Department of Defense and Armed Forces have ensured that Family Advocacy Program clinicians and victim advocates meet qualification and training requirements. (iv) The extent to which the Department of Defense has established metrics to evaluate the effectiveness of the staffing tool described in paragraph (2). (C) Briefing and report \n(i) Briefing \nNot later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A). (ii) Report \nNot later than 90 days after the date of the briefing under clause (i), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subparagraph (A). (f) Study and briefing on initial entry points \n(1) Study \nThe Secretary of Defense shall conduct a study to identify initial entry points (including anonymous entry points) through which military family members may seek information or support relating to domestic abuse or child abuse and neglect. Such study shall include an assessment of— (A) points at which military families interact with the Armed Forces or the Department of Defense through which such information or support may be provided to family members, including points such as enrollment in the Defense Enrollment Eligibility Reporting System, and the issuance of identification cards; and (B) other existing and potential routes through which such family members may seek information or support from the Armed Forces or the Department, including online chat rooms, text-based support capabilities, and software applications for smartphones. (2) Briefing \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing setting forth the results of the study conducted under paragraph (1). (g) Definitions \nIn this section: (1) The term appropriate congressional committees means the Committees on Armed Services of the Senate and the House of Representatives. (2) The term civilian order of protection has the meaning given that term in section 1561a of title 10, United States Code. (3) The term disposition model for domestic violence means the process to determine— (A) the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and (B) consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense. (4) The term Incident Determination Committee means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense. (5) The term qualified civilian victim service organization means an organization outside the Department of Defense that— (A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and (B) is located in a community surrounding a military installation. (6) The term risk assessment tool means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur.", "id": "HD70A6B963CD149D399E973EA4CD3E167", "header": "Activities to improve family violence prevention and response" }, { "text": "549A. Annual primary prevention research agenda \n(a) In general \nBeginning on October 1, 2022, and annually on the first day of each fiscal year thereafter, the Secretary of Defense shall publish a Department of Defense research agenda for that fiscal year, focused on the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse. (b) Elements \nEach annual primary prevention research agenda published under subsection (a) shall— (1) identify research priorities for that fiscal year; (2) assign research projects and tasks to the military departments and other components of the Department of Defense, as the Secretary of Defense determines appropriate; (3) allocate or direct the allocation of appropriate resourcing for each such project and task; and (4) be directive in nature and enforceable across all components of the Department of Defense, including with regard to— (A) providing for timely access to records, data and information maintained by any component of the Department of Defense that may be required in furtherance of an assigned research project or task; (B) ensuring the sharing across all components of the Department of Defense of the findings and the outcomes of any research project or task; and (C) any other matter determined by the Secretary of Defense. (c) Guiding principles \nThe primary prevention research agenda should, as determined by the Secretary of Defense— (1) reflect a preference for research projects and tasks with the potential to yield or contribute to the development and implementation of actionable primary prevention strategies in the Department of Defense; (2) be integrated, so as to discover or test cross-cutting interventions across the spectrum of interpersonal and self-directed violence; (3) incorporate collaboration with other Federal departments and agencies, State governments, academia, industry, federally funded research and development centers, non-profit organizations, and other organizations outside of the Department of Defense; and (4) minimize unnecessary duplication of effort. (d) Budgeting \nThe Secretary of Defense shall create a unique Program Element for and shall prioritize recurring funding to ensure the continuity of research pursuant to the annual primary prevention research agenda.", "id": "H856B6BB8789C4747AC2D2302CA33CCFF", "header": "Annual primary prevention research agenda" }, { "text": "549B. Primary prevention workforce \n(a) Establishment \nThe Secretary of Defense shall establish a Primary Prevention Workforce to provide a comprehensive and integrated program across the Department of Defense enterprise for the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse. (b) Primary Prevention Workforce model \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a holistic model for a dedicated and capable Primary Prevention Workforce in the Department of Defense. (2) Elements \nThe model required under paragraph (1) shall include the following elements: (A) A description of Primary Prevention Workforce roles, responsibilities, and capabilities, including— (i) the conduct of research and analysis; (ii) advising all levels of military commanders and leaders; (iii) designing and writing strategic and operational primary prevention policies and programs; (iv) integrating and analyzing data; and (v) implementing, evaluating, and adapting primary prevention programs and activities, to include developing evidence-based training and education programs for Department personnel that is appropriately tailored by rank, occupation, and environment. (B) The design and structure of the Primary Prevention Workforce, including— (i) consideration of military, civilian, and hybrid manpower options; (ii) the comprehensive integration of the workforce from strategic to tactical levels of the Department of Defense and its components; and (iii) mechanisms for individuals in workforce roles to report to and align with installation-level and headquarters personnel. (C) Strategies, plans, and systematic approaches for recruiting, credentialing, promoting, and sustaining the diversity of work force roles comprising a professional workforce dedicated to primary prevention. (D) The creation of a professional, primary prevention credential that standardizes a common base of education and experience across the prevention workforce, coupled with knowledge development and skill building requirements built into the career cycle of prevention practitioners such that competencies and expertise increase over time. (E) Any other matter the Secretary of Defense determines necessary and appropriate to presenting an accurate and complete model of the Primary Prevention Workforce. (c) Reports \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretaries of the military departments and the Chief of the National Guard Bureau each shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing how the military services and the National Guard, as applicable, will adapt and implement the primary prevention workforce model set forth in the report required under subsection (b). (2) Elements \nEach report submitted under subsection (a) shall include a description of— (A) expected milestones to implement the prevention workforce in the component at issue; (B) challenges associated with implementation of the workforce and the strategies for addressing such challenges; and (C) additional authorities that may be required to optimize implementation and operation of the workforce. (d) Operating capability deadline \nThe Primary Prevention Workforce authorized under this section shall attain initial operating capability in each military department and military service and in the National Guard by not later than the effective date specified in section 539C.", "id": "H670436D1036945A09A4EF45F7777F260", "header": "Primary prevention workforce" }, { "text": "549C. Reform and improvement of military criminal investigative organizations \n(a) Evaluation and plan for reform \nNot later than one year after the date of the enactment of this Act, each Secretary concerned shall— (1) complete an evaluation of the effectiveness of the military criminal investigative organization under the jurisdiction of such Secretary: and (2) submit to the appropriate congressional committees a report that includes— (A) the results of the evaluation conducted under paragraph (1); and (B) based on such results, if the Secretary determines that reform to the military criminal investigative organization under the jurisdiction of such Secretary is advisable, a proposal for reforming such organization to ensure that the organization effectively meets the demand for complex investigations and other emerging mission requirements. (b) Implementation plan \n(1) In general \nNot later than two years after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a plan to implement, to the extent determined appropriate by such Secretary, the reforms to the military criminal investigative organization proposed by such Secretary under subsection (a) to ensure that such organization is capable of professionally investigating criminal misconduct under its jurisdiction. (2) Elements \nEach plan under paragraph (1) shall include, with respect to the military criminal investigative organization under the jurisdiction of the Secretary concerned, the following: (A) The requirements that such military criminal investigative organization must meet to effectively carry out criminal investigative and other law enforcement missions in 2022 and subsequent years. (B) The resources that will be needed to ensure that each such military criminal investigative organization can achieve its mission. (C) An analysis of factors affecting the performance of such military criminal investigate organization, including— (i) whether appropriate technological investigative tools are available and accessible to such organization; and (ii) whether the functions of such organization would be better supported by civilian rather than military leadership. (D) For each such military criminal investigative organization— (i) the number of military personnel assigned to the organization; (ii) the number of civilian personnel assigned to the organization; and (iii) the functions of such military and civilian personnel. (E) A description of any plans of the Secretary concerned to develop a more professional workforce of military and civilian investigators. (F) A proposed timeline for the reform of such military investigative organization. (G) An explanation of the potential benefits of such reforms, including a description of— (i) specific improvements that are expected to result from the reforms; and (ii) whether the reforms will improve information sharing across military criminal investigative organizations. (H) With respect to the military criminal investigative organization of the Army, an explanation of how the plan will— (i) address the findings of the report of the Fort Hood Independent Review Committee, dated November 6, 2020; and (ii) coordinate with any other internal reform efforts of the Army. (c) Limitation on the changes to training locations \nIn carrying out this section, the Secretary concerned may not change the locations at which military criminal investigative training is provided to members of the military criminal investigative organization under the jurisdiction of such Secretary until— (1) the implementation plan under subsection (b) is submitted to the appropriate congressional committees; and (2) a period of 60 days has elapsed following the date on which the Secretary notifies the appropriate congressional committees of the Secretary’s intent to move such training to a different location. (d) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. (2) The term military criminal investigative organization means each organization or element of the Department of Defense or the Armed Forces that is responsible for conducting criminal investigations, including— (A) the Army Criminal Investigation Command; (B) the Naval Criminal Investigative Service; (C) the Air Force Office of Special Investigations; (D) the Coast Guard Investigative Service; and (E) the Defense Criminal Investigative Service. (3) The term Secretary concerned means— (A) the Secretary of the Army, with respect to the Army Criminal Investigation Command; (B) the Secretary of the Navy, with respect to the Naval Criminal Investigative Service; (C) the Secretary of the Air Force, with respect to the Air Force Office of Special Investigations; (D) the Secretary of Homeland Security, with respect to the Coast Guard Investigative Service; and (E) the Secretary of Defense, with respect to the Defense Criminal Investigative Service.", "id": "H93D99A7FB0974404AB1E168861A23689", "header": "Reform and improvement of military criminal investigative organizations" }, { "text": "549D. Military defense counsel \nEach Secretary of a military department shall— (1) ensure that military defense counsel have timely and reliable access to and funding for defense investigators, expert witnesses, trial support, pre-trial and post-trial support, paralegal support, counsel travel, and other necessary resources; (2) ensure that military defense counsel detailed to represent a member of the Armed Forces accused of a covered offense (as defined in section 801(17) of title 10, United States Code (article 1(17) of the Uniform Code of Military Justice), as added by section 533 of this Act) are well-trained and experienced, highly skilled, and competent in the defense of cases involving covered offenses; and (3) take or direct such other actions regarding military defense counsel as may be warranted in the interest of the fair administration of justice.", "id": "HCE1786CF32E74E8A8F007F09CCA6CEBB", "header": "Military defense counsel" }, { "text": "549E. Full functionality of Military Justice Review Panel \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall establish or reconstitute, maintain, and ensure the full functionality of the Military Justice Review Panel established pursuant to section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice)).", "id": "HC5DCAAF45D124271AA54E8C14B741730", "header": "Full functionality of Military Justice Review Panel" }, { "text": "549F. Military service independent racial disparity review \n(a) Review required \nEach Secretary of a military department shall conduct an assessment of racial disparity in military justice and discipline processes and military personnel policies, as they pertain to minority populations. (b) Report required \nNot later than one year after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Comptroller General of the United States a report detailing the results of the assessment required by subsection (a), together with recommendations for statutory or regulatory changes as the Secretary concerned determines appropriate. (c) Comptroller General report \nNot later than 180 days after receiving the reports submitted under subsection (b), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report comparing the military service assessments on racial disparity conducted under subsection (a) to existing reports assessing racial disparity in civilian criminal justice systems in the United States. (d) Definitions \nIn this section: (1) Military justice; discipline processes \nThe terms military justice and discipline processes refer to all facets of the military justice system, including investigation, the use of administrative separations and other administrative sanctions, non-judicial punishment, panel selection, pre-trial confinement, the use of solitary confinement, dispositions of courts-martial, sentencing, and post-trial processes. (2) Military personnel policies \nThe term military personnel policies includes accession rates and policies, retention rates and policies, promotion rates, assignments, professional military education selection and policies, and career opportunity for minority members of the Armed Forces. (3) Minority populations \nThe term minority populations includes Black, Hispanic, Asian/Pacific Islander, American Indian, and Alaska Native populations.", "id": "H9591EA1DA436489CAF389B9ECBEC2501", "header": "Military service independent racial disparity review" }, { "text": "549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system \n(a) Annual reports on racial and ethnic demographics in the military justice system \n(1) In general \nChapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section: 486. Annual reports on racial and ethnic demographics in the military justice system \n(a) In general \nNot later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. (b) Contents \nThe report of a Secretary of a military department for an armed force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including— (1) the number of offenses in the armed force that were reported to military officials, disaggregated by— (A) statistical category as related to the victim; and (B) statistical category as related to the principal; (2) the number of offenses in the armed forces that were investigated, disaggregated by statistical category as related to the principal; (3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; (4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; (5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; (6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial; (7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and (8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. (c) Submission to Congress \nNot later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives. (e) Definitions \nIn this section: (1) The term statistical category means each of the following categories: (A) race; (B) sex; (C) ethnicity; (D) rank; and (E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). (2) The term principal has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).. (2) Clerical amendment \nThe table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 485 the following new item: 486. Annual reports on racial and ethnic demographics in the military justice system.. (b) Policy required \n(1) Requirement \nNot later than two years after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy requiring information on the race and ethnicity of accused individuals to be included to the maximum extent practicable in the annual report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note). (2) Exclusion \nThe policy prescribed under paragraph (1) may provide for the exclusion of such information based on privacy concerns, impacts on accountability efforts, or other matters of importance as determined and identified in such policy by the Secretary. (3) Publicly available \nThe Secretary of Defense shall make publicly available the information described in paragraph (1), subject to the exclusion of such information pursuant to paragraph (2). (4) Sunset \nThe requirements of this subsection shall terminate on May 1, 2028.", "id": "HDFFCFC5784C549509D8C92DB49CCDA95", "header": "Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system" }, { "text": "486. Annual reports on racial and ethnic demographics in the military justice system \n(a) In general \nNot later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. (b) Contents \nThe report of a Secretary of a military department for an armed force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including— (1) the number of offenses in the armed force that were reported to military officials, disaggregated by— (A) statistical category as related to the victim; and (B) statistical category as related to the principal; (2) the number of offenses in the armed forces that were investigated, disaggregated by statistical category as related to the principal; (3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; (4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; (5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; (6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial; (7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and (8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. (c) Submission to Congress \nNot later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives. (e) Definitions \nIn this section: (1) The term statistical category means each of the following categories: (A) race; (B) sex; (C) ethnicity; (D) rank; and (E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). (2) The term principal has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).", "id": "HCF353CAAF3BE4A04A948A7E8B3800753", "header": "Annual reports on racial and ethnic demographics in the military justice system" }, { "text": "549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims \nSection 584 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) Authorizations for DoD Safe Helpline \n(1) Providing support and receiving official reports \nDoD Safe Helpline (or any successor service to DoD Safe Helpline, if any, as identified by the Secretary of Defense) is authorized to provide crisis intervention and support and to perform the intake of official reports of sexual assault from eligible adult sexual assault victims who contact the DoD Safe Helpline or other reports as directed by the Secretary of Defense. (2) Training and oversight \nDoD Safe Helpline staff shall have specialized training and appropriate certification to support eligible adult sexual assault victims. (3) Eligibility and procedures \nThe Secretary of Defense shall prescribe regulations regarding eligibility for DoD Safe Helpline services, procedures for providing crisis intervention and support, and accepting reports. (4) Electronic receipt of official reports of adult sexual assaults \nDoD Safe Helpline shall provide the ability to receive reports of adult sexual assaults through the DoD Safe Helpline website and mobile phone applications, in a secure manner consistent with appropriate protection of victim privacy, and may offer other methods of receiving electronic submission of adult sexual assault reports, as appropriate, in a manner that appropriately protects victim privacy. (5) Types of reports \nReports of sexual assault from eligible adult sexual assault victims received by DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall include unrestricted and restricted reports, or other reports as directed by the Secretary of Defense. (6) Option for entry into the Catch a Serial Offender system \nAn individual making a restricted report (or a relevant successor type of report or other type of appropriate report, as determined by the Secretary of Defense) to the DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall have the option to submit information related to their report to the Catch a Serial Offender system (or its successor or similar system as determined by the Secretary of Defense)..", "id": "HAE7DE41DBE6940438E3E7D3D4AEBD895", "header": "DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims" }, { "text": "549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces \nSection 1631(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note) is amended by striking through March 1, 2021 and inserting through March 1, 2026.", "id": "H5715DF8D2DCB4FD0A43F04C8A0B81429", "header": "Extension of annual report regarding sexual assaults involving members of the Armed Forces" }, { "text": "549J. Study and report on Sexual Assault Response Coordinator military occupational specialty \n(a) Study \nBeginning not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall initiate a personnel study to determine— (1) the feasibility and advisability of creating a military occupational speciality for Sexual Assault Response Coordinators; and (2) if determined to be feasible and advisable, the optimal approach to establishing and maintaining such a military occupational speciality. (b) Report and briefing \n(1) Report \nNot later than 180 days after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a). (2) Briefing \nNot later than 30 days after the date on which the report is submitted under paragraph (1), the Secretary of Defense shall provide to the congressional defense committees a briefing on the results of the study conducted under subsection (a). (c) Elements \nThe report and briefing under subsection (b) shall include the following: (1) The determination of the Secretary of Defense as to whether creating a military occupational speciality for Sexual Assault Response Coordinators is feasible and advisable. (2) If the Secretary determines that the creation of such a specialty is feasible and advisable— (A) a recommendation on the rank and level of experience required for a military occupational speciality for Sexual Assault Response Coordinators; (B) recommendations for strengthening recruitment and retention of members of the Armed Forces of the required rank and experience identified under subparagraph (A), including recommendations with respect to— (i) designating Sexual Assault Response Coordinators as a secondary military occupational speciality instead of a primary military occupational speciality; (ii) providing initial or recurrent bonuses or duty stations of choice to members who qualify for the military occupational speciality for Sexual Assault Response Coordinators; (iii) limiting the amount of time that a member who has qualified for such military occupational speciality can serve as a Sexual Assault Response Coordinator in a given period; or (iv) requiring evaluations, completed by an officer in the rank of O–6 or higher, for members who have qualified for such military occupational speciality and are serving as a Sexual Assault Response Coordinator; (C) recommendations for standardizing training and education for members of the Armed Forces seeking a military occupational speciality for Sexual Assault Response Coordinators or those serving as a Sexual Assault Response Coordinator, including by establishing dedicated educational programs for such members within each Armed Force; (D) an analysis of the impact of a military occupational speciality for Sexual Assault Response Coordinators on the personnel management of the existing Sexual Assault Response Coordinator program, including recruitment and retention; (E) an analysis of the requirements for a Sexual Assault Response Coordinator-specific chain of command; (F) analysis of the costs of establishing and maintaining a military occupational speciality for Sexual Assault Response Coordinators; (G) analysis of the potential impacts of a military occupational specialty for Sexual Assault Response Coordinators on the mental health of personnel within the specialty; and (H) any other matters the Secretary of Defense determines relevant for inclusion.", "id": "H54EBF66DD6D5402A8B14B126F75D0FBE", "header": "Study and report on Sexual Assault Response Coordinator military occupational specialty" }, { "text": "549K. Amendments to additional Deputy Inspector General of the Department of Defense \nSection 554(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in the section heading, by striking Deputy and inserting Assistant ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking Secretary of Defense and inserting Inspector General of the Department of Defense ; and (ii) by striking Deputy and inserting Assistant ; (B) in subparagraph (A), by striking of the Department ; and (C) in subparagraph (B), by striking report directly to and serve and inserting be ; (3) in paragraph (2)— (A) in the matter preceding clause (i) of subparagraph (A)— (i) by striking Conducting and supervising and inserting Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of ; and (ii) by striking evaluations and inserting inspections, ; (B) in clause (ii) of subparagraph (A), by striking , including the duties of the Inspector General under subsection (b) ; and (C) in subparagraph (B), by striking Secretary or ; (4) in paragraph (3)(A) in the matter preceding subparagraph (A), by striking Deputy and inserting Assistant ; (5) in paragraph (4)— (A) in subparagraph (A), by striking Deputy each place it appears and inserting Assistant ; (B) in subparagraph (B)— (i) by striking Deputy the first place it appears; (ii) by striking and the Inspector General ; (iii) by striking Deputy the second place it appears and inserting Assistant ; and (iv) by inserting before the period at the end the following: , for inclusion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.). ; (C) in subparagraph (C)— (i) by striking Deputy ; and (ii) by striking and Inspector General ; (D) in subparagraph (D)— (i) by striking Deputy ; (ii) by striking and the Inspector General ; (iii) by striking Secretary or ; and (iv) by striking direct and inserting determine ; and (E) in subparagraph (E)— (i) by striking Deputy ; and (ii) by striking of the Department and all that follows through Representatives and inserting consistent with the requirements of the Inspector General Act of 1978 (5 U.S.C. App.)..", "id": "HB89CF0CA8B4E4C33B99D9331EC92ED77", "header": "Amendments to additional Deputy Inspector General of the Department of Defense" }, { "text": "549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces \nSection 549 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 113 note) is amended— (1) in the section heading, by inserting and bullying after hazing ; (2) in subsection (a)— (A) in the heading, by inserting and anti-bullying after Anti-hazing ; and (B) by inserting or bullying after hazing both places it appears; (3) in subsection (b), by inserting and bullying after hazing ; and (4) in subsection (c)— (A) in the heading, by inserting and bullying after hazing ; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking January 31 of each year through January 31, 2021 and inserting May 31, 2023, and annually thereafter for five years, ; and (II) by striking each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary, and inserting the Secretary of Defense ; (ii) in subparagraph (A), by inserting or bullying after hazing ; and (iii) in subparagraph (C), by inserting and anti-bullying after anti-hazing ; and (C) in amending paragraph (2) to read as follows: (2) Additional elements \nEach report required by this subsection shall include the following: (A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces. (B) A description of processes of each Armed Force described in subsection (b) to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology each such Armed Force uses to categorize and count potential instances of hazing or bullying. (C) An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary. (D) An assessment by the Office of the Secretary of Defense of— (i) the effectiveness of each Armed Force described in subsection (b) in tracking and reporting instances of hazing or bullying; (ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year. (E) Recommendations of the Secretary to improve— (i) elements described in subparagraphs (A) through (D). (ii) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Armed Forces. (F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces. (G) Data on allegations of hazing and bullying in the Armed Forces, including final disposition of investigations. (H) Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year..", "id": "H50708AA1344C408BB2021007C2F7F4F5", "header": "Improved Department of Defense prevention of, and response to, bullying in the Armed Forces" }, { "text": "549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing such recommendations as the Secretary considers appropriate with respect to the establishment of a separate punitive article in chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on violent extremism.", "id": "H9855BD0490E74D88BB485D7F3A1E9319", "header": "Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism" }, { "text": "549N. Combating foreign malign influence \nSection 589E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking subsections (d) and (e); and (2) by inserting after subsection (c) the following new subsections: (d) Establishment of working group \n(1) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall establish a working group to assist the official designated under subsection (b), as follows: (A) In the identification of mediums used by covered foreign countries to identify, access, and endeavor to influence servicemembers and Department of Defense civilian employees through foreign malign influence campaigns and the themes conveyed through such mediums. (B) In coordinating and integrating the training program under this subsection in order to enhance and strengthen servicemember and Department of Defense civilian employee awareness of and defenses against foreign malign influence, including by bolstering information literacy. (C) In such other tasks deemed appropriate by the Secretary of Defense or the official designated under subsection (b). (2) The official designed under subsection (b) and the working group established under this subsection shall consult with the Foreign Malign Influence Response Center established pursuant to section 3059 of title 50, United States Code. (e) Report required \nNot later than 18 months after the establishment of the working group, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the working group, its activities, the effectiveness of the counter foreign malign influence activities carried out under this section, the metrics applied to determined effectiveness, and the actual costs associated with actions undertaken pursuant to this section. (f) Definitions \nIn this section: (1) Foreign malign influence \nThe term foreign malign influence has the meaning given that term in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ). (2) Covered foreign country \nThe term covered foreign country has the meaning given that term in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ) (3) Information literacy \nThe term information literacy means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images)..", "id": "H1BC49F2092E049BD95407202AD7E7989", "header": "Combating foreign malign influence" }, { "text": "551. Troops-to-Teachers Program \n(a) Requirement to carry out program \nSection 1154(b) of title 10, United States Code, is amended by striking may and inserting shall. (b) Reporting requirement \nSection 1154 of title 10, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: (i) Annual report \n(1) Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the Program. (2) The report required under paragraph (1) shall include the following elements: (A) The total cost of the Program for the most recent fiscal year. (B) The total number of teachers placed during such fiscal year and the locations of such placements. (C) An assessment of the STEM backgrounds of the teachers placed, the number of placements in high-need schools, and any other metric or information the Secretary considers appropriate to illustrate the cost and benefits of the program to members of the armed forces, veterans, and local educational agencies. (3) In this subsection, the term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Help, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives.. (c) Sunset \nSection 1154 of title 10, United States Code, as amended by subsection (b), is further amended by adding at the end the following new subsection: (k) Sunset \nThe Program shall terminate on July 1, 2025, with respect to the selection of new participants for the program. Participants in the Program as of that date may complete their program, and remain eligible for benefits under this section..", "id": "H1B291A99C1184EA1BAC0E70B55914A94", "header": "Troops-to-Teachers Program" }, { "text": "552. Codification of human relations training for certain members of the Armed Forces \n(a) In general \nChapter 101 of title 10, United States Code, is amended by inserting before section 2002 the following new section: 2001. Human relations training \n(a) Human relations training \n(1) (A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary. (B) Matters covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity. (C) Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter. (2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible activity, based upon discriminatory motives, does not occur in a unit under the command of such commander. (b) Information provided to prospective recruits \nThe Secretary of Defense shall ensure that— (1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and (2) each such individual is informed that if supporting such guarantees is not possible personally for that individual, then that individual should decline to enter the armed forces.. (b) Technical and conforming amendments \n(1) Technical amendment \nThe table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2002 the following new item: 2001. Human relations training.. (2) Conforming amendment \nSection 571 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 10 U.S.C. 113 note) is repealed. (c) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding— (1) implementation of section 2001 of such title, as added by subsection (a); and (2) legislation the Secretary determines necessary to complete such implementation.", "id": "H353EA272397A4A88948ECAE0F0ACB8E0", "header": "Codification of human relations training for certain members of the Armed Forces" }, { "text": "2001. Human relations training \n(a) Human relations training \n(1) (A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary. (B) Matters covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity. (C) Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter. (2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible activity, based upon discriminatory motives, does not occur in a unit under the command of such commander. (b) Information provided to prospective recruits \nThe Secretary of Defense shall ensure that— (1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and (2) each such individual is informed that if supporting such guarantees is not possible personally for that individual, then that individual should decline to enter the armed forces.", "id": "H24B7AC6EBB3049C3B9D32CB6F3A60E99", "header": "Human relations training" }, { "text": "553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress \n(a) United States Military Academy \n(1) In general \nChapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 753 of such title is amended by inserting after the item relating to section 7442 the following new item: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (b) United States Naval Academy \n(1) In general \nChapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 853 of such title is amended by inserting after the item relating to section 8454 the following new item: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (c) Air Force Academy \n(1) In general \nChapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 953 of such title is amended by inserting after the item relating to section 9442 the following new item: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (d) Report \nNot later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding implementation of the amendments under this section, including— (1) the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and (2) the number of times a Member of Congress has failed to submit nominations to the military academies due to death, resignation from office, or expulsion from office.", "id": "HB7A51FFD6E5D41F59022DA74AC76063E", "header": "Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress" }, { "text": "7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.", "id": "H241856FAE7804C1082B9934279C729EB", "header": "Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate" }, { "text": "8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title.", "id": "H3C523BBD9A1D42659137E48C8EB4D9C7", "header": "Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate" }, { "text": "9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title.", "id": "H045F46E76E2C439DA0E977D22953CF55", "header": "Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate" }, { "text": "554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired \n(a) United States Military Academy \nSection 7455(b) of title 10, United States Code, is amended by striking is appointed and inserting is appointed by the President. (b) United States Naval Academy \nSection 8468(b) of title 10, United States Code, is amended by striking is appointed and inserting is appointed by the President. (c) United States Air Force Academy \nSection 9455(b)(1) of title 10, United States Code, is amended by striking is designated and inserting is designated by the President. (d) United States Coast Guard Academy \nSection 1903(b)(2)(B) of title 14, United States Code, is amended by striking is appointed and inserting is appointed by the President.", "id": "HD623A5255FA7496C95C521ACDC29A3D1", "header": "Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired" }, { "text": "555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely \n(a) United States Military Academy \nSection 7455 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member.. (b) United States Naval Academy \nSection 8468 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member.. (c) United States Air Force Academy \nSection 9455 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member..", "id": "H8D1F473E5B6D42BDA8DAD0C4E7E61E05", "header": "Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely" }, { "text": "556. Defense Language Institute Foreign Language Center \n(a) Authority to award bachelor’s degrees \nSection 2168 of title 10, United States Code, is amended— (1) in the section heading, by striking Associate and inserting Associate or Bachelor ; and (2) by amending subsection (a) to read as follows: (a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer— (1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or (2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item: 2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language..", "id": "H9F58F48D2845496A8566F34BC9EFFD76", "header": "Defense Language Institute Foreign Language Center" }, { "text": "557. United States Naval Community College \n(a) Establishment \nChapter 859 of title 10, United States Code, is amended by adding at the end the following new section: 8595. United States Naval Community College: establishment and degree granting authority \n(a) Establishment and function \nThere is a United States Naval Community College. The primary function of such College shall be to provide— (1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in— (A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and (B) their practical duties; (2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1); (3) support and advisement services for individuals pursuing such programs; and (4) continuous monitoring of the progress of such individuals. (b) Individuals eligible for programs \nSubject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a): (1) Enlisted members of the Navy and Marine Corps. (2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree. (3) Civilian employees of the Department of the Navy. (4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is— (A) in alignment with the mission of the United States Naval Community College; and (B) determined to support the mission or needs of the Department of the Navy. (c) Degree and credential granting authority \n(1) In general \nUnder regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements. (2) Limitation \nA degree or credential may not be conferred under this subsection unless— (A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education. (3) Congressional notification requirements \n(A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and (ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority. (B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. (C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential. (d) Civilian faculty members \n(1) Authority of Secretary \nThe Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary. (2) Compensation \nThe compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 859 of title 10, United States Code, is amended by adding at the end the following new item: 8595. United States Naval Community College: establishment and degree granting authority..", "id": "H8AA63955EACB48A5A252284D8EBB6EE7", "header": "United States Naval Community College" }, { "text": "8595. United States Naval Community College: establishment and degree granting authority \n(a) Establishment and function \nThere is a United States Naval Community College. The primary function of such College shall be to provide— (1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in— (A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and (B) their practical duties; (2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1); (3) support and advisement services for individuals pursuing such programs; and (4) continuous monitoring of the progress of such individuals. (b) Individuals eligible for programs \nSubject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a): (1) Enlisted members of the Navy and Marine Corps. (2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree. (3) Civilian employees of the Department of the Navy. (4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is— (A) in alignment with the mission of the United States Naval Community College; and (B) determined to support the mission or needs of the Department of the Navy. (c) Degree and credential granting authority \n(1) In general \nUnder regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements. (2) Limitation \nA degree or credential may not be conferred under this subsection unless— (A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education. (3) Congressional notification requirements \n(A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and (ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority. (B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. (C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential. (d) Civilian faculty members \n(1) Authority of Secretary \nThe Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary. (2) Compensation \nThe compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.", "id": "HF4CFFB6034D34B97B889471E55465AC1", "header": "United States Naval Community College: establishment and degree granting authority" }, { "text": "558. Codification of establishment of United States Air Force Institute of Technology \n(a) In general \nChapter 951 of title 10, United States Code, is amended by inserting before section 9414 the following new section: 9413. United States Air Force Institute of Technology: establishment \nThere is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting, before the item relating to section 9414, the following new item: 9413. United States Air Force Institute of Technology: establishment..", "id": "H7C91C9D2C0634776A2FB2098059E33C1", "header": "Codification of establishment of United States Air Force Institute of Technology" }, { "text": "9413. United States Air Force Institute of Technology: establishment \nThere is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.", "id": "HB2C8242AB17F4552859408552931D5B6", "header": "United States Air Force Institute of Technology: establishment" }, { "text": "559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits \n(a) In general \nSection 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: (k) (1) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title on a half-time or more basis, the Secretary concerned shall, at the election of the individual, pay the individual educational assistance allowance under this chapter for pursuit of such education or training as if the individual were not also eligible to receive or in receipt of educational assistance under section 2007 for pursuit of such education or training. (2) Concurrent receipt of educational assistance under section 2007 of this title and educational assistance under this chapter shall not be considered a duplication of benefits if the individual is enrolled in a program of education on a half-time or more basis.. (b) Conforming amendments \nSection 2007(d) of such title is amended— (1) in paragraph (1), by inserting or chapter 1606 of this title after of title 38 ; and (2) in paragraph (2), by inserting , in the case of educational assistance under chapter 30 of such title, and section 16131(k), in the case of educational assistance under chapter 1606 of this title before the period at the end.", "id": "HDE1E1976F6944DA1BF96E91ECC279B05", "header": "Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits" }, { "text": "559A. Regulations on certain parental guardianship rights of cadets and midshipmen \n(a) Regulations required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, after consultation with the Secretaries of the military departments and the Superintendent of each military service academy, shall prescribe regulations that include the option to preserve parental guardianship rights of a cadet or midshipman who becomes pregnant or fathers a child while attending a military service academy, consistent with the individual and academic responsibilities of such cadet or midshipman. (b) Briefings; report \n(1) Interim briefing \nNot later than May 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives an interim briefing on the development of the regulations prescribed under subsection (a). (2) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on any legislation the Secretary determines necessary to implement the regulations prescribed under subsection (a). (3) Final briefing \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a final briefing on the regulations prescribed under subsection (a). (c) Rule of construction \nNothing in this section shall be construed to change, or require a change to, any admission requirement at a military service academy. (d) Military service academy defined \nIn this section, the term military service academy means the following: (1) The United States Military Academy. (2) The United States Naval Academy. (3) The United States Air Force Academy.", "id": "H6EFD4275911B43DCB2496E3E666251F2", "header": "Regulations on certain parental guardianship rights of cadets and midshipmen" }, { "text": "559B. Defense language continuing education program \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall establish policies and procedures to provide, to linguists of the covered Armed Forces who have made the transition from formal training programs to operational and staff assignments, continuing language education to maintain their respective language proficiencies. (b) Reimbursement authority \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Under Secretary, in coordination with the chief of each covered Armed Force, shall establish a procedure by which the covered Armed Force concerned may reimburse an organization of the Department of Defense that provides, to members of such covered Armed Force, continuing language education, described in subsection (a), for the costs of such education. (2) Sunset \nThe authority under this subsection shall expire on September 30, 2025. (c) Briefing \nNot later than July 1, 2022, the Under Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on implementation of this section and plans regarding continuing language education described in subsection (a). (d) Covered Armed Force defined \nIn this section, the term covered Armed Force means the Army, Navy, Air Force, Marine Corps, or Space Force.", "id": "H6BCB7E7FD2CB4972B84139EDA58073E1", "header": "Defense language continuing education program" }, { "text": "559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system \nThe Secretary of Defense may not implement a civilian faculty tenure system for the United States Air Force Academy (in this section referred to as the Academy ) until the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the following: (1) How a civilian faculty tenure system would promote the mission of the Academy. (2) How a civilian faculty tenure system would affect the current curricular governance process of the Academy. (3) How the Academy will determine the number of civilian faculty at the Academy who would be granted tenure. (4) How a tenure system would be structured for Federal employees at the Academy, including exact details of specific protections and limitations. (5) The budget implications of implementing a tenure system for the Academy. (6) The faculty qualifications that would be required to earn and maintain tenure. (7) The reasons for termination of tenure that will be implemented and how a tenure termination effort would be conducted.", "id": "H3C0BDBEE60C64A42A95141C61639F5CC", "header": "Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system" }, { "text": "559D. Professional military education: report; definition \n(a) Report \n(1) In general \nNot later than July 1, 2022, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the definition of professional military education in the Department of Defense and the military departments as specified in subsection (c). (2) Elements \nThe report under this subsection shall include the following elements: (A) A consolidated summary of all definitions of the term professional military education used in the Department of Defense and the military departments. (B) A description of how such term is used in the Department of Defense in educational institutions, associated schools, programs, think tanks, research centers, and support activities. (C) An analysis of how such term— (i) applies to tactical, operational, and strategic settings; and (ii) is linked to mission requirements. (D) An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training. (E) The applicability of professional military education to the domains of warfare, including land, air, sea, space, and cyber. (F) With regards to online and virtual learning in professional military education— (i) an analysis of the use of such learning; and (ii) student satisfaction in comparison to traditional classroom learning. (b) Definition \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, using the report under subsection (a), shall standardize the definition of professional military education across the military departments and the Department of Defense.", "id": "H5511EF42A8B745109DF7528B557D695C", "header": "Professional military education: report; definition" }, { "text": "559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors \n(a) Report required \nNot later than June 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on training and courses of education offered to covered members regarding— (1) sexual assault; (2) sexual harassment; (3) extremism; (4) domestic violence; (5) diversity, equity, and inclusion; (6) military equal opportunity; (7) suicide prevention; and (8) substance abuse. (b) Elements \nThe report under subsection (a) shall identify, with regard to each training or course of education, the following: (1) Sponsor. (2) Location. (3) Method. (4) Frequency. (5) Number of covered members who have participated. (6) Legislation, regulation, instruction, or guidance that requires such training or course (if applicable). (7) Metrics of— (A) performance; (B) effectiveness; and (C) data collection. (8) Responsibilities of the Secretary of Defense or Secretary of a military department to— (A) communicate with non-departmental entities; (B) process feedback from trainers, trainees, and such entities; (C) connect such training or course to tactical, operational, and strategic goals; and (D) connect such training or course to other training regarding social reform and unhealthy behavior. (9) Analyses of— (A) whether the metrics described in paragraph (7) are standardized across the military departments; (B) mechanisms used to engage non-departmental entities to assist in the development of such training or courses; (C) incentives used to ensure the effectiveness of such training or courses; (D) how each training or courses is intended to change behavior; and (E) costs of such training and courses. (10) Recommendations of the Secretary of Defense to improve such training or courses, including the estimated costs to implement such improvements. (11) Any other information the Secretary of Defense determines relevant. (c) Covered member defined \nIn this section, the term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department.", "id": "H77FBF0139ECD4D3FA6B0952CE1DC3EFA", "header": "Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors" }, { "text": "559F. Report on status of Army Tuition Assistance Program Army IgnitED program \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the status of the Army IgnitED program of the Army’s Tuition Assistance Program. (b) Elements \nThe report required under subsection (a) shall describe— (1) the estimated date when the Army IgnitED program will be fully functional; (2) the estimated date when service members will be reimbursed for out of pocket expenses caused by processing delays and errors under the Army IgnitED program; and (3) the estimated date when institutions of higher education will be fully reimbursed for all costs typically provided through the Tuition Assistance Program but delayed due to processing delays and errors under the Army IgnitED program.", "id": "H5C182F003C654A15875B53D3107126DE", "header": "Report on status of Army Tuition Assistance Program Army IgnitED program" }, { "text": "559G. Briefing on cadets and midshipmen with speech disorders \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding nominees, who have speech disorders, to each military service academy. Such briefing shall include the following: (1) The number of such nominees were offered admission to the military service academy concerned. (2) The number of nominees described in paragraph (1) who were denied admission on the basis of such disorder. (3) Whether the admission process to a military service academy includes testing for speech disorders. (4) The current medical standards of each military service academy regarding speech disorders. (5) Whether the Superintendent of each military service academy provides speech therapy to mitigate speech disorders— (A) of nominees to such military service academy to facilitate admission of such nominees; and (B) of the cadets or midshipman at such military service academy.", "id": "HFBECA13F97D64740971028BB9DC6E64A", "header": "Briefing on cadets and midshipmen with speech disorders" }, { "text": "561. Expansion of support programs for special operations forces personnel and immediate family members \nSection 1788a(e) of title 10, United States Code, is amended— (1) in paragraph (4), by striking covered personnel and inserting covered individuals ; and (2) in paragraph (5)— (A) by striking covered personnel and inserting covered individuals ; (B) in subparagraph (B), by striking and at the end; (C) in subparagraph (C), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subparagraph: (D) immediate family members of individuals described in subparagraphs (A) or (B) in a case in which such individual died— (i) as a direct result of armed conflict; (ii) while engaged in hazardous service; (iii) in the performance of duty under conditions simulating war; or (iv) through an instrumentality of war..", "id": "H250740D4761945CCA1CAE421C7324E5F", "header": "Expansion of support programs for special operations forces personnel and immediate family members" }, { "text": "562. Improvements to the Exceptional Family Member Program \n(a) Expansion of advisory panel on community support for military families with special needs \nSection 563(d)(2) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 1781c note) is amended— (1) by striking seven and inserting nine ; (2) by inserting , appointed by the Secretary of Defense, after individuals ; (3) by inserting each before a member ; (4) by striking the second sentence and inserting In appointing individuals to the panel, the Secretary shall ensure that— ; and (5) by adding at the end the following: (A) one individual is the spouse of an enlisted member; (B) one individual is the spouse of an officer in a grade below O-6; (C) one individual is a junior enlisted member; (D) one individual is a junior officer; (E) individuals reside in different geographic regions; (F) one individual is a member serving at a remote installation or is a member of the family of such a member; and (G) at least two individuals are members serving on active duty, each with a dependent who— (i) is enrolled in the Exceptional Family Member Program; and (ii) has an individualized education program.. (b) Relocation \nThe Secretary of the military department concerned may, if such Secretary determines it feasible, permit a covered member who receives permanent change of station orders to elect, not later than 14 days after such receipt, from at least two locations that provide support for the dependent of such covered member with a special need. (c) Family member medical summary \nThe Secretary of a military department, in coordination with the Director of the Defense Health Agency, shall require that a family member medical summary, completed by a licensed and credentialed medical provider, is accessible in the electronic health record of the Department of Defense for subsequent review by a licensed medical provider. (d) Covered member defined \nIn this section, the term covered member means a member of an Armed Force— (1) under the jurisdiction of the Secretary of a military department; and (2) with a dependent with a special need.", "id": "H0A3B1F1258FD410B9E69A683C87B967E", "header": "Improvements to the Exceptional Family Member Program" }, { "text": "563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel \n(a) Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees \n(1) Assistance to schools with significant numbers of military dependent students \nOf the amount authorized to be appropriated for fiscal year 2022 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 20 U.S.C. 7703b ). (2) Local educational agency defined \nIn this subsection, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ). (b) Impact aid for children with severe disabilities \n(1) In general \nOf the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654A–77; 20 U.S.C. 7703a ). (2) Additional amount \nOf the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities. (3) Report \nNot later than March 31, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive.", "id": "H77B699D1007C49C6915180CC4BD61ED7", "header": "Certain assistance to local educational agencies that benefit dependents of military and civilian personnel" }, { "text": "564. Pilot program to establish employment fellowship opportunities for military spouses \n(a) Establishment \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense may establish a three-year pilot program to provide employment support to the spouses of members of the Armed Forces through a paid fellowship with employers across a variety of industries. In carrying out the pilot program, the Secretary shall take the following steps: (1) Enter into a contract or other agreement to conduct a career fellowship pilot program for military spouses. (2) Determine the appropriate capacity for the pilot program based on annual funding availability. (3) Establish evaluation criteria to determine measures of effectiveness and cost-benefit analysis of the pilot program in supporting military spouse employment. (b) Limitation on total amount of assistance \nThe total amount of the pilot program may not exceed $5,000,000 over the life of the pilot. (c) Reports \nNot later than two years after the Secretary establishes the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report that includes the following elements: (1) The number of spouses who participated in the pilot program annually. (2) The amount of funding spent through the pilot program annually. (3) A recommendation of the Secretary regarding whether to discontinue, expand, or make the pilot program permanent. (d) Final report \nNot later than 180 days after the pilot program ends, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report that includes the following elements: (1) The number of spouses who participated in the pilot program. (2) The amount of funding spent through the pilot program. (3) An evaluation of outcomes. (4) A recommendation of the Secretary regarding whether to make the pilot program permanent. (e) Termination \nThe pilot program shall terminate three years after the date on which the Secretary establishes the pilot program.", "id": "H79B76E38DE7C486EB437F8786F06A593", "header": "Pilot program to establish employment fellowship opportunities for military spouses" }, { "text": "565. Policy regarding remote military installations \n(a) Policy \nNot later than December 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a uniform policy for how to— (1) identify remote military installations; and (2) assess and manage challenges associated with remote military installations and military personnel assigned to remote locations. (b) Elements \nThe policy under subsection (a) shall address the following: (1) Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces. (2) Availability of housing, located on and off remote military installations. (3) Educational services for dependents of members of the Armed Forces, located on and off remote military installations. (4) Availability of health care. (5) Employment opportunities for military spouses. (6) Risks associated with having insufficient support services for members of the Armed Forces and their dependents. (c) Report \nNot later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy under this section. (d) Military installation defined \nIn this section, the term military installation has the meaning given that term in section 2801 of title 10, United States Code.", "id": "H514FC81F2C964BA681C0FB507110C982", "header": "Policy regarding remote military installations" }, { "text": "566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources \n(a) Plan required \nThe Secretary of Defense shall develop a plan to implement the recommendation of the Comptroller General of the United States, to address strategies for sharing information on outreach to military spouses regarding career assistance resources, in the report of the Government Accountability Office titled Military Spouse Employment: DOD Should Continue Assessing State Licensing Practices and Increase Awareness of Resources (GAO–21–193). The plan shall include the following elements: (1) A summary of actions that have been taken to implement the recommendation. (2) A summary of actions that will be taken to implement the recommendation, including how the Secretary plans to— (A) engage military services and installations, members of the Spouse Ambassador Network, and other local stakeholders to obtain information on the outreach approaches and best practices used by military installations and stakeholders; (B) overcome factors that may limit use of best practices; (C) disseminate best practices to relevant stakeholders; and (D) identify ways to and better coordinate with the Secretaries of Veterans Affairs, Labor, and Housing and Urban Development; and (E) a schedule, with specific milestones, for completing implementation of the recommendation. (b) Implementation; deadline \nNot later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a).", "id": "HEEA908C7AF17428EB0A4751498D8B85F", "header": "Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources" }, { "text": "567. Study on employment of military spouses \n(a) Study \n(1) In general \nThe Secretary of Defense shall conduct a study to identify employment barriers affecting military spouses. (2) Elements \nThe study conducted under paragraph (1) shall determine the following: (A) The rate or prevalence of military spouses who are currently employed and whether such military spouses have children. (B) The rate or prevalence of military spouses who are underemployed. (C) In connection with subparagraph (B), whether a military spouse would have taken a different position of employment if the military spouse were not impacted by the spouse who is a member of the Armed Forces. (D) The rate or prevalence of military spouses who, due to military affiliation, have experienced discrimination by civilian employers, including loss of employment, denial of a promotion, and difficulty in being hired. (E) Any other barriers of entry into the local workforce for military spouses, including— (i) state licensure requirements; (ii) availability of childcare; (iii) access to broadband; (iv) job availability in military communities; and (v) access to housing. (b) Report \nNot later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under this section, including any policy recommendations to address employment barriers identified by the study. (c) Definitions \nIn this section: (1) Military spouse \nThe term military spouse means the spouse of a member of the Armed Forces serving on active duty. (2) Congressional defense committees \nThe term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.", "id": "HB3AAE4588D0545879940C7056CCCE588", "header": "Study on employment of military spouses" }, { "text": "568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on how and the extent to which commanders of military installations connect military families with local nonprofit and government entities that provide services to military families, including assistance with housing.", "id": "H6B6F130C07624CD086ACEA9281945726", "header": "Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families" }, { "text": "569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs \n(a) Briefing \nNot later April 1, 2022, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the following: (1) The feasibility of developing a written process whereby an installation commander can certify the information contained in impact aid source check forms received by such installation commander from local educational agencies. (2) Benefits of working with local educational agencies to certify impact aid source check forms are submitted in the appropriate manner. (3) An estimated timeline to implement such a certification process. (b) Definitions \nIn this section: (1) The term impact aid source check form means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(a) ). (2) The term local educational agency has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).", "id": "H2D7ADA7426884491A89E4B06DA43F742", "header": "Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs" }, { "text": "569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program \n(a) Briefing required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the provision of legal services, under section 582(b)(7) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), to families enrolled in EFMP. (b) Elements \nThe briefing shall include the following elements: (1) Training, provided by civilian attorneys or judge advocates general, regarding special education. (2) Casework, relating to special education, of such civilian attorneys and judge advocates general. (3) Information on how such legal services tie in to broader EFMP support under the Individuals with Disabilities Education Act ( Public Law 91–230 ), including the geographic support model. (4) Other matters regarding such legal services that the Secretary of Defense determines appropriate. (5) Costs of such elements described in paragraphs (1) through (4). (c) Definitions \nIn this section: (1) The term EFMP means the Exceptional Family Member Program. (2) The terms child with a disability , free appropriate public education , and special education have the meanings given those terms in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ).", "id": "H697C73AA21A741AABF387E2CDB6C9964", "header": "Briefing on legal services for families enrolled in the Exceptional Family Member Program" }, { "text": "569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report \n(a) Review \nThe Comptroller General of the United States shall conduct a review of POTFF. Such review shall include the following: (1) With regards to current programs and activities of POTFF, an assessment of the sufficiency of the following domains: (A) Human performance. (B) Psychological and behavioral health. (C) Social and family readiness. (D) Spiritual. (2) A description of efforts of the Commander of United States Special Operations Command to assess the unique needs of members of special operations forces, including women and minorities. (3) A description of plans of the Commander to improve POTFF to better address the unique needs of members of special operations forces. (4) Changes in costs to the United States to operate POTFF since implementation. (5) Rates of participation in POTFF, including— (A) the number of individuals who participate; (B) frequency of use by such individuals; and (C) geographic locations where such individuals participate. (6) Methods by which data on POTFF is collected and analyzed. (7) Outcomes used to determine the effects of POTFF on members of special operations forces and their immediate family members, including a description of the effectiveness of POTFF in addressing unique needs of such individuals. (8) Any other matter the Comptroller General determines appropriate. (b) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Comptroller General shall brief the appropriate committees on the preliminary findings of the Comptroller General under such review. (c) Report \nThe Comptroller General shall submit to the appropriate committees a final report on such review at a date mutually agreed upon by the Comptroller General and the appropriate committees. (d) Definitions \nIn this section: (1) The term appropriate committees means the Committees on Armed Services of the Senate and House of Representatives. (2) The term POTFF means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code. (3) The term special operations forces means the forces described in section 167(j) of title 10, United States Code.", "id": "H3D899C4B2CC14BADB9AA07050EDD2E31", "header": "GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report" }, { "text": "571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces \n(a) Establishment of criteria \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and in coordination with the Secretaries of the military departments, shall establish criteria, consistent across the Armed Forces, for determining which uniform or clothing items across the Armed Forces are considered uniquely military for purposes of calculating the standard cash clothing replacement allowances, in part to reduce differences in out-of pocket costs incurred by enlisted members of the Armed Forces across the military services and by gender within an Armed Force. (b) Reviews \n(1) Quinquennial review \nThe Under Secretary shall review the criteria established under subsection (a) every five years after such establishment and recommend to the Secretaries of the military departments adjustments to clothing allowances for enlisted members if such allowances are insufficient to pay for uniquely military items determined pursuant to such criteria. (2) Periodic reviews \nThe Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, and in coordination with the Secretaries of the military departments, shall periodically review— (A) all uniform clothing plans of each Armed Force under the jurisdiction of the Secretary of a military department to identify data needed to facilitate cost discussions and make recommendations described in paragraph (1); (B) not less than once every five years, calculations of each Armed Force for standard clothing replacement allowances for enlisted members, in order to develop a standard by which to identify differences described in subsection (a); (C) not less than once every 10 years, initial clothing allowances for officers, in order to identify data necessary to facilitate cost discussions and make recommendations described in paragraph (1); and (D) all plans of each Armed Force under the jurisdiction of the Secretary of a military department for changing uniform items to determine if such planned changes will result in differences described in subsection (a). (c) Regulations \nNot later than September 30, 2022, each Secretary of a military department shall prescribe regulations that ensure the following: (1) The out-of-pocket cost to an officer or enlisted member of an Armed Force for a mandatory uniform item (or part of such uniform) may not exceed such cost to another officer or enlisted member of that Armed Force for such uniform (or part, or equivalent part, of such uniform) solely based on gender. (2) If a change to a uniform of an Armed Force affects only enlisted members of one gender, an enlisted member of such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted member relating to such change. (3) An individual who has separated or retired, or been discharged or dismissed, from the Armed Forces, shall not entitled to an allowance under paragraph (2). (d) Report \nNot later than December 31, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on— (1) the estimated production costs and average retail prices of military clothing items for members (including officers and enlisted members) of each Armed Force; and (2) a comparison of costs for male and female military clothing items for members of each Armed Force.", "id": "H8944B9EE9DA74C218CE9EEAA162E8F46", "header": "Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces" }, { "text": "572. Study on number of members of the Armed Forces who identify as Hispanic or Latino \nThe Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a study of the following: (1) The number of members of the regular components of the Armed Forces (including cadets and midshipmen at the military service academies) who identify as Hispanic or Latino, separated by rank. (2) A comparison of the percentage of the members described in paragraph (1) with the percentage of the population of the United States who are eligible to enlist or commission in the Armed Forces who identify as Hispanic or Latino. (3) A comparison of how each of the Armed Forces recruits individuals who identify as Hispanic or Latino. (4) A comparison of how each of the Armed Forces retains both officer and enlisted members who identify as Hispanic or Latino. (5) A comparison of how each of the Armed Forces promotes both officer and enlisted members who identify as Hispanic or Latino.", "id": "H1A13FBC4FEF3495EBDE11C3C184E4B3D", "header": "Study on number of members of the Armed Forces who identify as Hispanic or Latino" }, { "text": "573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting \nSection 113 of title 10, United States Code, is amended— (1) in subsection (c)(2), by inserting before the semicolon the following: , including the status of diversity and inclusion in the military service academies, the Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps programs of such department ; and (2) in subsection (m)— (A) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (B) by inserting after paragraph (4) the following new paragraph: (5) The number of graduates of the Senior Reserve Officers’ Training Corps during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department..", "id": "HEC70F19F11A4429FA2E84E6EBA21E645", "header": "Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting" }, { "text": "574. Extension of deadline for GAO report on equal opportunity at the military service academies \nSection 558 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended, in the matter preceding paragraph (1), by striking one year after the date of the enactment of this Act and inserting May 31, 2022.", "id": "H7E88ECEE834A4A6AA497D615F5637D74", "header": "Extension of deadline for GAO report on equal opportunity at the military service academies" }, { "text": "581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test \nSection 594 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking Not later than one year after the date of the enactment of this Act and inserting Not later than October 1, 2024.", "id": "H5C399D7BC3A34F55837A3CF55257CFF6", "header": "Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test" }, { "text": "582. Authorizations for certain awards \n(a) Medal of Honor to Charles R. Johnson for acts of valor during the Korean War \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Charles R. Johnson for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Charles R. Johnson on June 11 and 12, 1953, as a member of the Army serving in Korea, for which he was awarded the Silver Star. (b) Medal of Honor to Wataru Nakamura for acts of valor during the Korean War \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Wataru Nakamura for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Wataru Nakamura on May 18, 1951, as a member of the Army serving in Korea, for which he was awarded the Distinguished-Service Cross. (c) Medal of Honor to Bruno R. Orig for acts of valor during the Korean War \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Bruno R. Orig for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Bruno R. Orig on Februray 15, 1951, as a member of the Army serving in Korea, for which he was awarded the Distinguished-Service Cross. (d) Medal of Honor to Dennis M. Fujii for acts of valor during the Vietnam War \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Dennis M. Fujii for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Dennis M. Fujii on February 18 through 22, 1971, as a member of the Army serving in the Republic of Vietnam, for which he was awarded the Distinguished-Service Cross. (e) Medal of Honor to Edward N. Kaneshiro, for acts of valor during the Vietnam War \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Edward N. Kaneshiro for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Edward N. Kaneshiro on December 1, 1966, as a member of the Army serving in Vietnam, for which he was awarded the Distinguished-Service Cross. (f) Distinguished-Service Cross to Earl R. Fillmore, Jr. for acts of valor in Somalia \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to Earl R. Fillmore, Jr. for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Earl R. Fillmore, Jr. on October 3, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (g) Distinguished-Service Cross to Robert L. Mabry for acts of valor in Somalia \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to Robert L. Mabry for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Robert L. Mabry on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (h) Distinguished-Service Cross to John G. Macejunas for acts of valor in Somalia \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to John G. Macejunas for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of John G. Macejunas on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (i) Distinguished-Service Cross to William F. Thetford for acts of valor in Somalia \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to William F. Thetford for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of William F. Thetford on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star.", "id": "H90E8D4CE7F254DC8864389A82960C0C7", "header": "Authorizations for certain awards" }, { "text": "583. Establishment of the Atomic Veterans Commemorative Service Medal \n(a) Service medal required \nThe Secretary of Defense shall design and produce a commemorative military service medal, to be known as the Atomic Veterans Commemorative Service Medal , to commemorate the service and sacrifice of veterans who were instrumental in the development of our nations atomic and nuclear weapons programs. (b) Eligibility requirements \n(1) The Secretary of Defense shall, within 180 days after the date of enactment of this Act, determine eligibility requirements for this medal. (2) Sixty days prior to publishing the eligibility requirements for this medal, the Secretary of Defense shall submit proposed eligibility criteria under paragraph (1) to the Committees on Armed Services of the Senate and House of Representatives for comment. (3) The Secretary of Defense may require persons to submit supporting documentation for the medal authorized in subsection (a) to determine eligibility under paragraph (1). (c) Distribution of medal \n(1) Issuance to retired and former members \nAt the request of an eligible veteran, the Secretary of Defense shall issue the Atomic Veterans Commemorative Service Medal to the eligible veteran. (2) Issuance to next-of-kin \nIn the case of a veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Commemorative Service Medal to the next-of-kin of the persons. If applications for a medal are filed by more than one next of kin of a person eligible to receive a medal under this section, the Secretary of Defense shall determine which next-of-kin will receive the medal. (3) Application \nThe Secretary shall prepare and disseminate as appropriate an application by which veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal. (d) Authorization of appropriations \nThere is authorized to be appropriated such sum as may be necessary to carry out this section.", "id": "H06BBFAC358664AEABD0F1427F82FFD30", "header": "Establishment of the Atomic Veterans Commemorative Service Medal" }, { "text": "584. Updates and preservation of memorials to chaplains at Arlington National Cemetery \n(a) Updates and preservation of memorials \n(1) Protestant chaplains memorial \nThe Secretary of the Army may permit NCMAF— (A) to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial; (B) to provide an updated bronze plaque, described in subparagraph (A), including the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and (C) to make such other updates and corrections to the memorial that the Secretary determines necessary. (2) Catholic and Jewish chaplain memorials \nThe Secretary of the Army may permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that the Secretary determines necessary. (3) No cost to Federal Government \nThe activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government. (b) Verification of names \nNCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served. (c) Prohibition on expansion of memorials \nExcept as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act. (d) Definitions \nIn this section: (1) The term Chaplains Hill means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill. (2) The term NCMAF means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section.", "id": "H12AB5026076349539F7026E98FB46F42", "header": "Updates and preservation of memorials to chaplains at Arlington National Cemetery" }, { "text": "585. Reports on security force personnel performing protection level one duties \n(a) In general \nThe Secretary of the Air Force shall submit to the congressional defense committees a report on the status of security force personnel performing protection level one (PL–1) duties— (1) not later than 90 days after the date of the enactment of this Act; and (2) concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to section 1105(a) of title 31, United States Code. (b) Elements \nEach report required by subsection (a) shall include the following: (1) The number of Air Force personnel performing, and the number of unfilled billets designated for performance of, PL–1 duties on a full-time basis during the most recent fiscal year that ended before submission of the report. (2) The number of such personnel disaggregated by mission assignment during that fiscal year. (3) The number of such personnel and unfilled billets at each major PL–1 installation during that fiscal year and a description of the rank structure of such personnel. (4) A statement of the time, by rank structure, such personnel were typically assigned to perform PL–1 duties at each major PL–1 installation during that fiscal year. (5) The retention rate for security personnel performing such duties during that fiscal year. (6) The number of Air Force PL–1 security force members deployed to support another Air Force mission or a joint mission with another military department during that fiscal year. (7) A description of the type of training for security personnel performing PL–1 duties during that fiscal year. (8) An assessment of the status of replacing the existing fleet of high mobility multipurpose wheeled vehicles (HMMWV) and BearCat armored vehicles, by PL–1 installation. (9) Such other matters as the Secretary considers appropriate relating to security force personnel performing PL–1 duties during the period of five fiscal years after submission of the report.", "id": "HCF87CFBFAF324924AC47303442B4608D", "header": "Reports on security force personnel performing protection level one duties" }, { "text": "586. GAO study on tattoo policies of the Armed Forces \n(a) Study \nThe Comptroller General of the United States shall evaluate the tattoo policies of each Armed Force, including— (1) the effects of such policies on recruitment, retention, reenlistment of members of the Armed Forces; and (2) processes for waivers to such policies to recruit, retain, or reenlist members who have unauthorized tattoos. (b) Briefing \nNot later than March 31, 2022, the Comptroller General shall brief the Committees on Armed Services of the Senate and House of Representatives on preliminary findings of such evaluation. (c) Report \nNot later than July 1, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of such evaluation.", "id": "HDA1F27DF093245FE909F3961C3E881AA", "header": "GAO study on tattoo policies of the Armed Forces" }, { "text": "587. Briefing regarding best practices for community engagement in Hawaii \n(a) Briefing required \nNot later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense and the Secretaries of the military departments shall jointly submit to Congress a briefing on best practices for coordinating relations with State and local governmental entities in the State of Hawaii. (b) Best practices \nThe best practices referred to in subsection (a) shall address each of the following issues: (1) Identify comparable locations with joint base military installations or of other densely populated metropolitan areas with multiple military installations and summarize lessons learns from any similar efforts to engage with the community and public officials. (2) Identify all the major community engagement efforts by the services, commands, installations and other military organizations in the State of Hawaii. (3) Evaluate the current community outreach efforts to identify any outreach gaps or coordination challenges that undermine the military engagement with the local community and elected official in the State of Hawaii. (4) Propose options available to create an enhanced, coordinated community engagement effort in the State of Hawaii based on the department’s evaluation. (5) Resources to support the coordination described in this subsection, including the creation of joint liaison offices that are easily accessible to public officials to facilitate coordinating relations with State and local governmental agencies.", "id": "H58541A562F474814A3312D2D97DC962E", "header": "Briefing regarding best practices for community engagement in Hawaii" }, { "text": "601. Basic needs allowance for members on active service in the Armed Forces \n(a) In general \nChapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section: 402b. Basic needs allowance for members on active service in the Armed Forces \n(a) Allowance required \nThe Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c). (b) Eligible members \nA member on active service in the armed forces is eligible for the allowance under subsection (a) if— (1) the member has completed initial entry training; (2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and (3) the member— (A) is not ineligible for the allowance under subsection (d); and (B) does not elect under subsection (g) not to receive the allowance. (c) Amount of allowance \nThe amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to— (1) (A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus (B) the gross household income of the member during the preceding calendar year; divided by (2) 12. (d) Bases of ineligibility \n(1) In general \nThe following members are ineligible for the allowance under subsection (a): (A) A member who does not have any dependents. (B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. (2) Household with more than one eligible member \nIn the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. (3) Automatic ineligibility of members receiving certain pay increases \nA member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). (4) Ineligibility of certain changes in income \nA member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank. (e) Application by members seeking allowance \n(1) In general \nA member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. (2) Timing of submission \nA member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually. (3) Voluntary submission \nThe submission of an application under paragraph (1) is voluntary. (4) Screening of members for eligibility \nThe Secretary of Defense shall— (A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and (B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). (f) Determinations of eligibility \n(1) In general \nThe Secretary concerned shall— (A) determine which members of the armed forces are eligible under subsection (b); and (B) notify each such member, in writing, of that determination. (2) Information included in notice \nThe notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible. (g) Election not to receive allowance \n(1) In general \nA member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance. (2) Deemed ineligible \nA member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). (h) Special rule for members stationed outside United States \nIn the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. (i) Regulations \nNot later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. (j) Effective period \n(1) Implementation period \nThe allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (2) Termination \nThe allowance under subsection (a) may not be paid for any month beginning after December 31, 2027. (k) Definitions \nIn this section: (1) Gross household income \nThe term gross household income , with respect to a member of the armed forces, includes— (A) all household income, derived from any source; minus (B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude. (2) Household \nThe term household means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.. (b) Study \n(1) In general \nThe Secretary of Defense shall conduct a study on food insecurity in the Armed Forces. Results of such study shall include the following elements: (A) An analysis of food deserts that affect members of the Armed Forces, and their families, who live in areas with high costs of living. (B) A comparison of— (i) the current method employed by the Secretary of Defense to determine areas with high costs of living; (ii) local level indicators used by the Bureau of Labor Statistics that indicate buying power and consumer spending in specific geographic areas; (iii) indicators used by the Department of Agriculture in market basket analyses and other measures of local and regional food costs. (C) The feasibility of implementing a web portal for a member of any Armed Force to apply for the allowance under section 402b of title 37, United States Code, added by subsection (a), including— (i) cost; (ii) ease of use; (iii) access; (iv) privacy; and (v) any other factor the Secretary determines appropriate. (D) The development of a process to determine an appropriate allowance to supplement the income of members who suffer food insecurity. (E) Outcomes of forums with beneficiaries, military service organizations, and advocacy groups to elicit information regarding the effects of food insecurity on members and their dependents. The Secretary of Defense and each Secretary of a military department shall conduct at least one such forum, only one of which may be conducted in the National Capital Region. (F) An estimate of costs to implement each recommendation of the Secretary developed pursuant to this paragraph. (G) Any other information the Secretary determines appropriate. (2) Briefing \nNot later than April 1, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on initial findings of the study. (3) Report \nNot later than October 1, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of the study. (4) Definitions \nIn this subsection: (A) The term food desert means an area, determined by the Secretary of Defense, where it is difficult to obtain affordable or high-quality fresh food. (B) The term National Capital Region has the meaning given such term in section 2674 of title 10, United States Code. (c) Reports on effects of allowance on food insecurity \nNot later than December 31, 2025, and June 1, 2028, the Secretary of Defense shall submit to the congressional defense committees a report regarding the effect of the allowance under section 402b of title 37, United States Code, added by subsection (a), on food insecurity among members of the Armed Forces. (d) Clerical amendment \nThe table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item: 402b. Basic needs allowance for members on active service in the Armed Forces..", "id": "H740BE87C448348ED82C57E8020FE154F", "header": "Basic needs allowance for members on active service in the Armed Forces" }, { "text": "402b. Basic needs allowance for members on active service in the Armed Forces \n(a) Allowance required \nThe Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c). (b) Eligible members \nA member on active service in the armed forces is eligible for the allowance under subsection (a) if— (1) the member has completed initial entry training; (2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and (3) the member— (A) is not ineligible for the allowance under subsection (d); and (B) does not elect under subsection (g) not to receive the allowance. (c) Amount of allowance \nThe amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to— (1) (A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus (B) the gross household income of the member during the preceding calendar year; divided by (2) 12. (d) Bases of ineligibility \n(1) In general \nThe following members are ineligible for the allowance under subsection (a): (A) A member who does not have any dependents. (B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. (2) Household with more than one eligible member \nIn the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. (3) Automatic ineligibility of members receiving certain pay increases \nA member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). (4) Ineligibility of certain changes in income \nA member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank. (e) Application by members seeking allowance \n(1) In general \nA member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. (2) Timing of submission \nA member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually. (3) Voluntary submission \nThe submission of an application under paragraph (1) is voluntary. (4) Screening of members for eligibility \nThe Secretary of Defense shall— (A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and (B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). (f) Determinations of eligibility \n(1) In general \nThe Secretary concerned shall— (A) determine which members of the armed forces are eligible under subsection (b); and (B) notify each such member, in writing, of that determination. (2) Information included in notice \nThe notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible. (g) Election not to receive allowance \n(1) In general \nA member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance. (2) Deemed ineligible \nA member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). (h) Special rule for members stationed outside United States \nIn the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. (i) Regulations \nNot later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. (j) Effective period \n(1) Implementation period \nThe allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (2) Termination \nThe allowance under subsection (a) may not be paid for any month beginning after December 31, 2027. (k) Definitions \nIn this section: (1) Gross household income \nThe term gross household income , with respect to a member of the armed forces, includes— (A) all household income, derived from any source; minus (B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude. (2) Household \nThe term household means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.", "id": "HC1129390A6F94D688E99F845701AAA63", "header": "Basic needs allowance for members on active service in the Armed Forces" }, { "text": "602. Equal incentive pay for members of the reserve components of the Armed Forces \n(a) In general \nSubchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 357. Incentive pay authorities for members of the reserve components of the armed forces \nNotwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.. (b) Technical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 356 the following: 357. Incentive pay authorities for members of the reserve components of the armed forces.. (c) Report \nNot later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing— (1) the plan of the Secretary to implement section 357 of such title, as added by subsection (a); (2) an estimate of the costs of such implementation; (3) the number of members described in such section; and (4) any other matter the Secretary determines relevant. (d) Implementation date \nThe Secretary may not implement section 357 of such title, as added by subsection (a) until after— (1) submission of the report under subsection (b); and (2) the Secretary determines and certifies in writing to the Committees on Armed Services of the Senate and House of Representatives that such implementation shall not have a detrimental effect on the force structure of an Armed Force concerned, including with regard to recruiting or retention of members in the regular component of such Armed Force.", "id": "H96B711CBDAE44666949942984760E576", "header": "Equal incentive pay for members of the reserve components of the Armed Forces" }, { "text": "357. Incentive pay authorities for members of the reserve components of the armed forces \nNotwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.", "id": "HEF60C5ED4A704DB8872F9139E2CA0541", "header": "Incentive pay authorities for members of the reserve components of the armed forces" }, { "text": "603. Expansions of certain travel and transportation authorities \n(a) Lodging in kind for reserve component members performing training \n(1) In general \nSection 12604 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Lodging in kind \n(1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind. (2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned. (3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses. (4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.. (2) Conforming amendment \nSection 474 of title 37, United States Code, is amended by striking subsection (i). (b) Mandatory pet quarantine fees for household pets \nSection 451(b)(8) of title 37, United States Code, is amended by adding at the end the following: Such costs include pet quarantine expenses.. (c) Student dependent transportation \n(1) In general \nSection 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraphs: (18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii). (19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.. (2) Definitions \nSection 451 of title 37, United States Code, as amended by subsection (b) of this section, is amended— (A) in subsection (a)(2)(H), by adding at the end the following new clauses: (vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States (other than in Alaska or Hawaii). (viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location. ; and (B) in subsection (b), by adding at the end the following new paragraph: (10) (A) The term permanent duty assignment location means— (i) the official station of a member of the uniformed services; or (ii) the residence of a dependent of a member of the uniformed services. (B) As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student.. (d) Dependent transportation incident to ship construction, inactivation, and overhauling \n(1) In general \nSection 452 of title 37, United States Code, as amended by subsection (c) of this section, is further amended— (A) in subsection (b), by adding at the end the following new paragraph: (20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction. ; and (B) by adding at the end the following new subsection: (i) Dependent transportation incident to ship construction, inactivation, and overhauling \nThe authority under subsection (a) for travel in connection with circumstances described in subsection (b)(20) shall be subject to the following terms and conditions: (1) The member of the uniformed services must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter. (2) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member’s entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation. (3) The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.. (2) Definitions \nSection 451(a)(2)(H) of title 37, United States Code, as amended by subsection (c) of this section, is further amended by adding at the end the following new clause: (ix) Transportation of a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.. (e) Technical correction \nSection 2784a(a)(3) of title 10, United States Code, is amended by striking section 474 and inserting section 452.", "id": "HAC630AE8C36340D1A8D821DA0960ED42", "header": "Expansions of certain travel and transportation authorities" }, { "text": "604. Repeal of expiring travel and transportation authorities \n(a) In general \nEffective December 31, 2021, subchapter III of chapter 8 of title 37, United States Code, is repealed. (b) Clerical amendment \nThe table of sections at the beginning of chapter 8 of such title is amended by striking the items relating to subchapter III and sections 471 through 495.", "id": "H87DDA084AEC8456B865C99E69CD7AA7E", "header": "Repeal of expiring travel and transportation authorities" }, { "text": "605. Requirements in connection with suspension of retired pay and retirement annuities \n(a) Annual eligibility determination procedures \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations a single annual eligibility determination procedure for determinations of eligibility for military retired or retainer pay and survivor annuities in connection with military service as a replacement of the current procedures in connection with the Certificate of Eligibility and Report of Existence for military retirees and annuitants. (b) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on a process by which notifications of the death of a military retiree or annuitant may be determined with respect to the termination of eligibility for benefits.", "id": "H84113AE2D851439ABE6761894A22D64C", "header": "Requirements in connection with suspension of retired pay and retirement annuities" }, { "text": "606. Report on relationship between basic allowance for housing and sizes of military families \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on whether the basic allowance for housing under section 403 of title 37, United States Code, is sufficient for the average family size of members of the Armed Forces, disaggregated by rank and military housing area.", "id": "H4C95D386FC3B45FEAA13D2B70A753AD6", "header": "Report on relationship between basic allowance for housing and sizes of military families" }, { "text": "607. Report on certain moving expenses for members of the Armed Forces \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on moving expenses incurred by members of the Armed Forces and their families that exceed such expenses covered by the Joint Travel Regulations for the Uniformed Services, disaggregated by Armed Force, rank, and military housing area. In such report, the Secretary shall examine the root causes of such expenses.", "id": "HF784A2D43F6B45C6A08659250FF1F312", "header": "Report on certain moving expenses for members of the Armed Forces" }, { "text": "608. Report on temporary lodging expenses in competitive housing markets \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the appropriateness of the maximum payment period of 10 days under subsection (c) of section 474a of title 37, United States Code in highly competitive housing markets. Such report shall include how the Secretary educates members of the Armed Forces and their families about their ability to request payment under such section.", "id": "HA47FB5255413493B975856125D9D8F60", "header": "Report on temporary lodging expenses in competitive housing markets" }, { "text": "609. Report on rental partnership programs \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the rental partnership programs of the Armed Forces. Such report shall include— (1) the numbers and percentages of members of the Armed Forces who do not live in housing located on military installations who participate in such programs; and (2) the recommendation of the Secretary whether Congress should establish annual funding for such programs and, if so, what in amounts.", "id": "HDD070556A1704C029C4EEF6C8367C3DF", "header": "Report on rental partnership programs" }, { "text": "611. One-year extension of certain expiring bonus and special pay authorities \n(a) Authorities relating to reserve forces \nSection 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Title 10 authorities relating to health care professionals \nThe following sections of title 10, United States Code, are amended by striking December 31, 2021 and inserting December 31, 2022 : (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Authorities relating to nuclear officers \nSection 333(i) of title 37, United States Code, is amended by striking December 31, 2021 and inserting December 31, 2022. (d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities \nThe following sections of title 37, United States Code, are amended by striking December 31, 2021 and inserting December 31, 2022 : (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (e) Authority to provide temporary increase in rates of basic allowance for housing \nSection 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2021 and inserting December 31, 2022.", "id": "H92798831113140CB94ABEB107AD5860F", "header": "One-year extension of certain expiring bonus and special pay authorities" }, { "text": "621. Extension of paid parental leave \n(a) In general \nSection 701 of title 10, United States Code, is amended— (1) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (A), by striking a member and all that follows through the period at the end and inserting the following: a member of the armed forces described in paragraph (2) is allowed up to a total of 12 weeks of parental leave during the one-year period beginning after the following events: (i) The birth or adoption of a child of the member and in order to care for such child. (ii) The placement of a minor child with the member for adoption or long-term foster care. ; and (ii) by striking subparagraph (B) and inserting the following: (B) (i) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) to be taken after the one-year period described in such paragraph in the case of a member described in paragraph (2) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of— (I) operational requirements; (II) professional military education obligations; or (III) other circumstances that the Secretary determines reasonable and appropriate. (ii) The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline. ; (B) by striking paragraphs (3), (8), and (10) and redesignating paragraphs (4), (5), (6), (7), and (9) as paragraphs (3), (4), (5), (6), and (7), respectively; (C) in paragraph (3), as redesignated by subparagraph (B), by striking the matter preceding the em dash and inserting A member who has given birth may receive medical convalescent leave in conjunction with such birth. Medical convalescent leave in excess of the leave under paragraph (1) may be authorized if such additional medical convalescent leave ; (D) in paragraph (4), as so redesignated, by striking paragraphs (1) and (4) and inserting paragraphs (1) and (3) ; (E) in paragraph (5)(A), as so redesignated, by inserting , subject to the exceptions in paragraph (1)(B)(ii) after shall be forfeited ; and (F) in paragraph (7)(B), as so redesignated, by striking paragraph (4) and inserting paragraph (3) ; (2) by striking subsection (j) and redesignating subsections (k) and (l) as subsections (j) and (k), respectively; and (3) by adding at the end the following new subsection (l): (l) A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and— (1) at the election of such member; or (2) in the interest of national security, as determined by the Secretary of Defense.. (b) Effective date \nThe amendments made by subsection (a) shall take effect one year after the date of the enactment of this Act. (c) Regulations \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the amendments made by subsection (a). (d) Reporting \nNot later than January 1, 2023, and annually thereafter, each Secretary of a military department shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report regarding the use, during the preceding fiscal year, of leave under subsections (i) and (j) of section 701 of such title, as amended by subsection (a), disaggregated by births, adoptions, and foster placements, including the number of members of the Armed Forces who— (1) used the maximum amount of primary caregiver leave; and (2) used leave in multiple increments.", "id": "HB0D82DFC1A604BF48A4B8F99DF778166", "header": "Extension of paid parental leave" }, { "text": "622. Bereavement leave for members of the Armed Forces \n(a) In general \nSection 701 of title 10, United States Code, is amended by adding at the end the following new subsection: (m) (1) (A) Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subparagraph (B) is allowed up to two weeks of leave to be used in connection with the death of an immediate family member. (B) Subparagraph (A) applies to the following members: (A) A member on active duty. (B) A member of a reserve component performing active Guard and Reserve duty. (C) A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months. (2) Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) shall not have his or her leave account reduced as a result of taking such leave if such member’s accrued leave is fewer than 30 days. Members with 30 or more days of accrued leave shall be charged for bereavement leave until such point that the member’s accrued leave is less than 30 days. Any remaining bereavement leave taken by such member in accordance with paragraph (1) after such point shall not be chargeable to the member. (3) In this section, the term immediate family member , with respect to a member of the armed forces, means— (A) the member's spouse; or (B) a child of the member.. (b) Effective date \nThe amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act.", "id": "H1BFE79F441BB4D77AA693AF737857D47", "header": "Bereavement leave for members of the Armed Forces" }, { "text": "623. Travel and transportation allowances for family members to attend the funeral and memorial services of members \nSection 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: (18) Presence of family members at the funeral and memorial services of members..", "id": "H553D56F4DB54454DBD9CC48AE58FDD66", "header": "Travel and transportation allowances for family members to attend the funeral and memorial services of members" }, { "text": "624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care \nSection 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by inserting (1) before The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate..", "id": "H76CBDBE040C547B3B921DF779DEC6C9B", "header": "Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care" }, { "text": "625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States \n(a) In general \nThe Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the authority under subsection (b) to hire spouses of members of the uniformed services at locations outside the United States. (b) Authority \nIn carrying out the pilot program under this section, the Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such chapter), a spouse of a member of the uniformed services stationed at a duty location outside the United States to a position described in subsection (c) if— (1) the spouse has been authorized to accompany the member to the duty location at Government expense; and (2) the duty location is within reasonable commuting distance, as determined by the Secretary concerned, of the location of the position. (c) Position described \nA position described in this subsection is a competitive service position within the Department of Defense that is located outside the United States. (d) Term of appointment \n(1) In general \nAn appointment made under this section shall be for a term not exceeding two years. (2) Renewal \nThe Secretary of Defense may renew an appointment made under this section for not more than two additional terms, each not exceeding two years. (3) Termination \nAn appointment made under this section shall terminate on the date on which the member of the uniformed services relocates back to the United States in connection with a permanent change of station. (e) Payment of travel and transportation allowances \nNothing in this section may be construed to authorize additional travel or transportation allowances in connection with an appointment made under this section. (f) Relationship to other law \nNothing in this section may be construed to interfere with— (1) the authority of the President under section 3304 of title 5, United States Code; (2) the authority of the President under section 1784 of title 10, United States Code; (3) the ability of the head of an agency to make noncompetitive appointments pursuant to section 3330d of title 5, United States Code; or (4) any obligation under any applicable treaty, status of forces agreement, or other international agreement between the United States Government and the government of the country in which the position is located. (g) Reports required \n(1) In general \nNot later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the following: (A) The number of individuals appointed under this section. (B) The position series and grade to which each individual described in subparagraph (A) was appointed. (C) Demographic data on the individuals described in subparagraph (A), including with respect to race, gender, age, and education level attained. (D) Data on the members of the uniformed services whose spouses have been appointed under this section, including the rank of each such member. (E) Such recommendations for legislative or administrative action as the Secretary considers appropriate relating to continuing or expanding the pilot program. (2) Final report \nNot later than December 31, 2026, the Secretary shall submit to the appropriate committees of Congress a final report setting forth the information under paragraph (1). (h) Termination \nThe pilot program under this section shall terminate on December 31, 2026. (i) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives. (2) Secretary concerned \nThe term Secretary concerned — (A) has the meaning given the term in section 101(a)(9) of title 10, United States Code; and (B) includes— (i) the Secretary of Commerce, with respect to matters concerning the commissioned officer corps of the National Oceanic and Atmospheric Administration; and (ii) the Secretary of Health and Human Services, with respect to matters concerning the commissioned corps of the Public Health Service. (3) Uniformed Services \nThe term uniformed services has the meaning given the term in section 101(a)(5) of title 10, United States Code. (4) United States \nThe term United States has the meaning given that term in section 101(a)(1) of title 10, United States Code.", "id": "H40A32D032B2048AFAEDD73F428BB220B", "header": "Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States" }, { "text": "626. Casualty assistance program: reform; establishment of working group \n(a) Casualty Assistance Reform Working Group \n(1) Establishment \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the Casualty Assistance Reform Working Group (in this section referred to as the Working Group ). (2) Duties \nThe Working Group shall perform the following duties: (A) Create standards and training for CAOs across the military departments. (B) Explore the possibility of establishing a unique badge designation for— (i) CAOs who have performed CAO duty more than five times; or (ii) professional CAOs. (C) Examine the current workflow of casualty affairs support across the military departments, including administrative processes and survivor engagements. (D) Perform a gap analysis and solution document that clearly identifies and prioritizes critical changes to modernize and professionalize the casualty experience for survivors. (E) Review the organization of the Office of Casualty, Mortuary Affairs and Military Funeral Honors to ensure it is positioned to coordinate policy and assist in all matters under its jurisdiction, across the Armed Forces, including any potential intersections with the Defense Prisoner of War and Missing in Action Accounting Agency. (F) Explore the establishment of— (i) an annual meeting, led by the Secretary of Defense, with gold star families; and (ii) a surviving and gold star family leadership council. (G) Recommend improvements to the family notification process of Arlington National Cemetery. (H) Explore the redesign of the Days Ahead Binder, including creating an electronic version. (I) Consider the expansion of the DD Form 93 to include more details regarding the last wishes of the deceased member. (J) Assess coordination between the Department of Defense and the Office of Survivors Assistance of the Department of Veterans Affairs. (3) Membership \nThe membership of the Working Group shall be composed of the following: (A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as Chair of the Working Group. (B) At least one person furnished with a gold star lapel button under section 1126 of title 10, United States Code, by each Secretary of a military department. (C) Other members of the Armed Forces or civilian employees of the Department of Defense, appointed by the Secretary of Defense, based on knowledge of, and experience with, matters described in paragraph (2). (4) Report \nNot later than September 30, 2022, the Working Group shall submit to the Secretary of Defense a report containing the determinations and recommendations of the Working Group. (5) Termination \nThe Working Group shall terminate upon submission of the report under paragraph (4). (b) Report required \nNot later than November 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the casualty assistance officer program, including the report of the Working Group. (c) Establishment of certain definitions \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall publish an interim rule that establishes standard definitions, for use across the military departments, of the terms gold star family and gold star survivor. (d) CAO defined \nIn this section, the term CAO means a casualty assistance officer of the Armed Forces.", "id": "HAC9BEC7FA2754F54BC36AC46716DE525", "header": "Casualty assistance program: reform; establishment of working group" }, { "text": "631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores \nSection 2484(h) of title 10, United States Code, is amended— (1) in paragraph (5), by adding at the end the following new subparagraphs: (F) Amounts made available for any purpose set forth in paragraph (1) pursuant to an agreement with a host nation. (G) Amounts appropriated for repair or reconstruction of a commissary store in response to a disaster or emergency. ; and (2) by adding at the end the following new paragraph: (6) Revenues made available under paragraph (5) for the purposes set forth in paragraphs (1), (2), and (3) may be supplemented with additional funds derived from— (A) improved management practices implemented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; and (B) the variable pricing program implemented pursuant to subsection (i)..", "id": "H888720D659E74288A47F55C8FF52DFF6", "header": "Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores" }, { "text": "641. Alexander Lofgren Veterans in Parks program \nSection 805 of the Federal Lands Recreation Enhancement Act ( Public Law 108–447 ; 118 Stat. 3385; 16 U.S.C. 6804 ) is amended— (1) in subsection (a)(4), by striking age and disability discounted and inserting age discount and lifetime ; and (2) in subsection (b)— (A) in the heading, by striking Discounted and inserting Free and discounted ; (B) in paragraph (2)— (i) in the heading, by striking Disability discount and inserting Lifetime passes ; and (ii) by striking subparagraph (B) and inserting the following: (B) Any veteran who provides adequate proof of military service as determined by the Secretary. (C) Any member of a Gold Star Family who meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction). ; and (C) in paragraph (3)— (i) in the heading, by striking Gold star families parks pass and inserting Annual passes ; and (ii) by striking members of and all that follows through the end of the sentence and inserting members of the Armed Forces and their dependents who provide adequate proof of eligibility for such pass as determined by the Secretary..", "id": "H76D1BD674640431D9721F94F1DEA0EEF", "header": "Alexander Lofgren Veterans in Parks program" }, { "text": "701. Eating disorders treatment for certain members of the Armed Forces and dependents \n(a) Eating disorders treatment for certain dependents \nSection 1079 of title 10, United States Code, is amended— (1) in subsection (a), by adding at the end the following new paragraph: (18) Treatment for eating disorders may be provided in accordance with subsection (r). ; and (2) by adding at the end the following new subsection: (r) (1) The provision of health care services for an eating disorder under subsection (a)(18) may include the following services: (A) Outpatient services for in-person or telehealth care, including partial hospitalization services and intensive outpatient services. (B) Inpatient services, which shall include residential services only if medically indicated for treatment of a primary diagnosis of an eating disorder. (2) A dependent provided health care services for an eating disorder under subsection (a)(18) shall be provided such services without regard to— (A) the age of the dependent, except with respect to residential services under paragraph (1)(B), which may be provided only to a dependent who is not eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ); and (B) except as otherwise specified in paragraph (1)(B), whether the eating disorder is the primary or secondary diagnosis of the dependent. (3) In this section, the term eating disorder has the meaning given the term feeding and eating disorders in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.. (b) Limitation with respect to retirees \n(1) In general \nSection 1086(a) of title 10, United States Code, is amended by inserting and (except as provided in subsection (i)) treatments for eating disorders after eye examinations. (2) Exception \nSuch section is further amended by adding at the end the following new subsection: (i) If, prior to October 1, 2022, a category of persons covered by this section was eligible to receive a specific type of treatment for eating disorders under a plan contracted for under subsection (a), the general prohibition on the provision of treatments for eating disorders specified in such subsection shall not apply with respect to the provision of the specific type of treatment to such category of persons.. (c) Identification and treatment of eating disorders for members of the Armed Forces \n(1) In general \nChapter 55 of title 10, United States Code, is amended by— (A) redesignating section 1090a as section 1090b; and (B) inserting after section 1090 the following new section: 1090a. Identifying and treating eating disorders. \n(a) Identification, treatment, and rehabilitation \nThe Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. (b) Facilities available \n(1) In this section, the term necessary facilities includes facilities that provide the services specified in section 1079(r)(1) of this title. (2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder. (c) Eating disorder defined \nIn this section, the term eating disorder has the meaning given that term in section 1079(r) of this title.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1090a and inserting the following new items: 1090a. Identifying and treating eating disorders. 1090b. Commanding officer and supervisor referrals of members for mental health evaluations.. (d) Effective date \nThe amendments made by this section shall take effect on October 1, 2022.", "id": "H35D44CE3E5A24BE99D1BFA96C59A38FC", "header": "Eating disorders treatment for certain members of the Armed Forces and dependents" }, { "text": "1090a. Identifying and treating eating disorders. \n(a) Identification, treatment, and rehabilitation \nThe Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. (b) Facilities available \n(1) In this section, the term necessary facilities includes facilities that provide the services specified in section 1079(r)(1) of this title. (2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder. (c) Eating disorder defined \nIn this section, the term eating disorder has the meaning given that term in section 1079(r) of this title.", "id": "HFFC028BEDC4643D1B60187FBF1EE4467", "header": "Identifying and treating eating disorders." }, { "text": "702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program \nSection 1079(a) of title 10, United States Code, as amended by section 701 , is further amended by adding at the end the following new paragraph: (19) Preconception and prenatal carrier screening tests shall be provided to eligible covered beneficiaries, with a limit per beneficiary of one test per condition per lifetime, for the following conditions: (A) Cystic Fibrosis. (B) Spinal Muscular Atrophy. (C) Fragile X Syndrome. (D) Tay-Sachs Disease. (E) Hemoglobinopathies. (F) Conditions linked with Ashkenazi Jewish descent..", "id": "HDFDA11F198184AA596C9F3845030400C", "header": "Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program" }, { "text": "703. Revisions to TRICARE provider networks \n(a) TRICARE Select \nSection 1075 of title 10, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): (h) Authority for multiple networks in the same geographic area \n(1) The Secretary may establish a system of multiple networks of providers under TRICARE Select in the same geographic area or areas. (2) Under a system established under paragraph (1), the Secretary may— (A) require a covered beneficiary enrolling in TRICARE Select to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Select provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program; and (B) include beneficiaries covered by subsection (c)(2).. (b) TRICARE Prime \nSection 1097a of such title is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Authority for multiple networks in the same geographic area \n(1) The Secretary may establish a system of multiple networks of providers under TRICARE Prime in the same geographic area or areas. (2) Under a system established under paragraph (1), the Secretary may require a covered beneficiary enrolling in TRICARE Prime to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Prime provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program..", "id": "HC6CF66CCD93F4009BA595F077903C230", "header": "Revisions to TRICARE provider networks" }, { "text": "704. Self-initiated referral process for mental health evaluations of members of the Armed Forces \nSection 1090a of title 10, United States Code, is amended— (1) in subsection (c), by inserting or is required to make such a referral pursuant to the process described in subsection (e)(1)(A) after mental health evaluation ; (2) by redesignating subsection (e) as subsection (g); and (3) by inserting after subsection (d) the following new subsections: (e) Self-initiated referral process \n(1) The regulations required by subsection (a) shall, with respect to a member of the armed forces— (A) provide for a self-initiated process that enables the member to trigger a referral for a mental health evaluation by requesting such a referral from a commanding officer or supervisor who is in a grade above E-5; (B) ensure the function of the process described in subparagraph (A) by— (i) requiring the commanding officer or supervisor of the member to refer the member to a mental health provider for a mental health evaluation as soon as practicable following the request of the member (including by providing to the mental health provider the name and contact information of the member and providing to the member the date, time, and place of the scheduled mental health evaluation); and (ii) ensure the member may request a referral pursuant to subparagraph (A) on any basis (including on the basis of a concern relating to fitness for duty, occupational requirements, safety issues, significant changes in performance, or behavioral changes that may be attributable to possible changes in mental status); and (C) ensure that the process described in subparagraph (A)— (i) reduces stigma in accordance with subsection (b), including by treating referrals for mental health evaluations made pursuant to such process in a manner similar to referrals for other medical services, to the maximum extent practicable; and (ii) protects the confidentiality of the member to the maximum extent practicable, in accordance with requirements for the confidentiality of health information under the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ) and applicable privacy laws. (2) In making a referral for an evaluation of a member of the armed forces triggered by a request made pursuant to the process described in paragraph (1)(A), if the member has made such a request on the basis of a concern that the member is a potential or imminent danger to self or others, the commanding officer or supervisor of the member shall observe the following principles: (A) With respect to safety, if the commander or supervisor determines the member is exhibiting dangerous behavior, the first priority of the commander or supervisor shall be to ensure that precautions are taken to protect the safety of the member, and others, prior to the arrival of the member at the location of the evaluation. (B) With respect to communication, prior to such arrival, the commander or supervisor shall communicate to the provider to which the member is being referred (in a manner and to an extent consistent with paragraph (1)(C)(ii)), information on the circumstances and observations that led to— (i) the member requesting the referral; and (ii) the commander or supervisor making such referral based on the request. (f) Annual training requirement \nOn an annual basis, each Secretary concerned shall provide to the members of the Armed Forces under the jurisdiction of such Secretary a training on how to recognize personnel who may require mental health evaluations on the basis of the individual being an imminent danger to self or others, as demonstrated by the behavior or apparent mental state of the individual..", "id": "H0798E4740D714FE5B3FBE67F65C84E27", "header": "Self-initiated referral process for mental health evaluations of members of the Armed Forces" }, { "text": "705. Modifications to pilot program on health care assistance system \nSection 731(d) of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 1075 note) is amended— (1) in the matter preceding paragraph (1), by striking January 1, 2021 and inserting November 1, 2022 ; (2) in paragraph (1), by striking ; and and inserting a semicolon; (3) in paragraph (2), by striking the period and inserting ; and ; and (4) by adding at the end the following new paragraph: (3) input from covered beneficiaries who have participated in the pilot program regarding their satisfaction with, and any benefits attained from, such participation..", "id": "H5F10A8064E5A415CA130CFABFC9D6684", "header": "Modifications to pilot program on health care assistance system" }, { "text": "706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program \nSection 706 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a)(1), by striking may carry out and inserting shall carry out ; (2) in subsection (b), by striking March 1, 2021 and inserting March 1, 2022 ; (3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; (4) by inserting after subsection (d) the following new subsection (e): (e) Reimbursement \nIf the Secretary carries out the pilot program under subsection (a)(1), reimbursement of retail pharmacies for medication under the pilot program may not exceed the amount of reimbursement paid to the national mail-order pharmacy program under section 1074g of title 10, United States Code, for the same medication, after consideration of all manufacturer discounts, refunds, rebates, pharmacy transaction fees, and other costs. ; and (5) in subsection (f), as redesignated by paragraph (3)— (A) by striking paragraph (1) and inserting the following new paragraph (1): (1) Briefing \nNot later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the pilot program under subsection (a)(1) or on the determination of the Secretary under subsection (a)(2) that the Secretary is not permitted to carry out the pilot program. ; and (B) in paragraph (3)(A), by striking March 1, 2024 and inserting March 1, 2025.", "id": "H889432D5AA32452A8D7B5DA53E43DE4E", "header": "Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program" }, { "text": "707. Improvement of postpartum care for members of the Armed Forces and dependents \n(a) Clinical practice guidelines for postpartum care in military medical treatment facilities \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish clinical practice guidelines for the provision of postpartum care in military medical treatment facilities. Such guidelines shall take into account the recommendations of established professional medical associations and address the following matters: (1) Postpartum mental health assessments, including the appropriate intervals for furnishing such assessments and screening questions for such assessments (including questions relating to postpartum anxiety and postpartum depression). (2) Pelvic health evaluation and treatment, including the appropriate timing for furnishing a medical evaluation for pelvic health, considerations for providing consultations for physical therapy for pelvic health (including pelvic floor health), and the appropriate use of telehealth services. (3) Pelvic health rehabilitation services. (4) Obstetric hemorrhage treatment, including through the use of pathogen reduced resuscitative products. (b) Policy on scheduling of appointments for postpartum health care services \n(1) Policy required \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall establish a policy for the scheduling of appointments for postpartum health care services in military medical treatment facilities. In developing the policy, the Secretary shall consider the extent to which it is appropriate to facilitate concurrent scheduling of appointments for postpartum care with appointments for well-baby care. (2) Pilot program authorized \nThe Secretary may carry out a pilot program in one or more military medical treatment facilities to evaluate the effect of concurrent scheduling, to the degree clinically appropriate, of the appointments specified in paragraph (1). (c) Policy on postpartum physical fitness tests and body composition assessments \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a policy, which shall be standardized across each Armed Force to the extent practicable, for the time periods after giving birth that a member of the Armed Forces (including the reserve components) may be excused from, or provided an alternative to, a physical fitness test or a body composition assessment. (d) Briefing \nNot later than 270 days after the date of enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the requirements under this section.", "id": "HC13990CBB479496297BB445F0DF1785D", "header": "Improvement of postpartum care for members of the Armed Forces and dependents" }, { "text": "711. Modification of certain Defense Health Agency organization requirements \nSection 1073c(c)(5) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting paragraph (3) or (4).", "id": "HA5F06FD2120A40A5BF0DA4413DE564B5", "header": "Modification of certain Defense Health Agency organization requirements" }, { "text": "712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development \n(a) Consultations required \nSection 1073c of title 10, United States Code, as amended by section 711 , is further amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: (f) Consultations on medical research of military departments \nIn establishing the Defense Health Agency Research and Development pursuant to subsection (e)(1), and on a basis that is not less frequent than semiannually thereafter, the Secretary of Defense shall carry out recurring consultations with each military department regarding the plans and requirements for military medical research organizations and activities of the military department.. (b) Requirements for consultations \nThe Secretary of Defense shall ensure that consultations are carried out under section 1073c(f) of title 10, United States Code (as added by subsection (a)), to include the plans of each military department to ensure a comprehensive transition of any military medical research organizations of the military department with respect to the establishment of the Defense Health Agency Research and Development. (c) Deadline for initial consultations \nInitial consultations shall be carried out under section 1073c(f) of title 10, United States Code (as added by subsection (a)), with each military department by not later than March 1, 2022.", "id": "H72BFBAA932AD4C38BB564DCFB069B9B4", "header": "Requirement for consultations relating to military medical research and Defense Health Agency Research and Development" }, { "text": "713. Authorization of program to prevent fraud and abuse in the military health system \n(a) In general \nChapter 55 of title 10, United States Code, is amended by inserting after section 1073e the following new section: 1073f. Health care fraud and abuse prevention program \n(a) Program authorized \n(1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense. (2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency. (3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General. (b) Civil monetary penalties \n(1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a). (2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed— (A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and (B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d). (c) Interagency agreements \nThe Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a). (d) Rule of construction \nJoint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law. (e) Fraud and abuse defined \nIn this section, the term fraud and abuse means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ).. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1073e the following new item: 1073f. Health care fraud and abuse prevention program..", "id": "H1A88420CAA27413D8B7B2C8C282FF4DD", "header": "Authorization of program to prevent fraud and abuse in the military health system" }, { "text": "1073f. Health care fraud and abuse prevention program \n(a) Program authorized \n(1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense. (2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency. (3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General. (b) Civil monetary penalties \n(1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a). (2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed— (A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and (B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d). (c) Interagency agreements \nThe Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a). (d) Rule of construction \nJoint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law. (e) Fraud and abuse defined \nIn this section, the term fraud and abuse means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ).", "id": "H1E5D1CAEF9254254AC996C7FB1ABDBF4", "header": "Health care fraud and abuse prevention program" }, { "text": "714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities \n(a) Authority of Secretary of Defense \n(1) In general \nChapter 55 of title 10, United States Code, is amended by inserting after section 1104 the following new section: 1104a. Shared medical facilities with Department of Veterans Affairs \n(a) Agreements \nSecretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Defense \n(1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identified for transfer. (B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) Transfer of funds to Secretary of Defense \n(1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred \nAny amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance \nAmounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined \nIn this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1104 the following new item: 1104a. Shared medical facilities with Department of Veterans Affairs.. (b) Authority of Secretary of Veterans Affairs \n(1) In general \nChapter 81 of title 38, United States Code, is amended by inserting after section 8111A the following new section: 8111B. Shared medical facilities with Department of Defense \n(a) Agreements \nThe Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Veterans Affairs \n(1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (c) Transfer of funds to Secretary of Veterans Affairs \n(1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (d) Merger of amounts transferred \nAny amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance \nAmounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined \nIn this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.. (2) Clerical amendment \nThe table of sections at the beginning of subchapter I of chapter 81 of such title is amended by inserting after the item relating to section 8111A the following new item: 8111B. Shared medical facilities with Department of Defense..", "id": "H28FF043550AE4A989BC1AEF3BAF905BC", "header": "Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities" }, { "text": "1104a. Shared medical facilities with Department of Veterans Affairs \n(a) Agreements \nSecretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Defense \n(1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identified for transfer. (B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) Transfer of funds to Secretary of Defense \n(1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred \nAny amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance \nAmounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined \nIn this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.", "id": "H2F780EB1DFBC44FF87C0E839CB070A5C", "header": "Shared medical facilities with Department of Veterans Affairs" }, { "text": "8111B. Shared medical facilities with Department of Defense \n(a) Agreements \nThe Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Veterans Affairs \n(1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (c) Transfer of funds to Secretary of Veterans Affairs \n(1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (d) Merger of amounts transferred \nAny amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance \nAmounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined \nIn this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.", "id": "HE0699338E28944C5B6ED6CABC7B8C0A4", "header": "Shared medical facilities with Department of Defense" }, { "text": "715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund \nSection 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2567), as most recently amended by section 743 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking September 30, 2022 and inserting September 30, 2023.", "id": "HBFC6432C5F994104850D88F5178F777B", "header": "Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund" }, { "text": "716. Establishment of Department of Defense system to track and record information on vaccine administration \n(a) Establishment of system \nSection 1110 of title 10, United States Code, is amended— (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (2) by inserting after the heading the following new subsection: (a) Overall system to track and record vaccine information \n(1) The Secretary of Defense, in consultation with the Director of the Defense Health Agency and in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information: (A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department. (B) Any adverse reaction of the member related to such vaccine. (C) Each refusal by such a member of any vaccine that is being so administered, including vaccines licensed by the Food and Drug Administration under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) and vaccines otherwise approved or authorized. (D) Each refusal by such a member of a vaccine on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ). (E) Each refusal by such a member of an investigational new drug or a drug unapproved for its applied use that is being administered pursuant to a request or requirement of the Secretary of Defense and with respect to which the President has granted a waiver of the prior consent requirement pursuant to section 1107(f)(1) of this title. (2) In carrying out paragraph (1), the Secretary of Defense shall ensure that— (A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the information specified in such paragraph with respect to the member; (B) any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member; and (C) the system established under such paragraph is interoperable and compatible with the electronic health record system known as MHS GENESIS , or such successor system.. (b) Conforming amendments \nSuch section is further amended— (1) in the heading, by striking Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions and inserting System for tracking and recording vaccine information; anthrax vaccine immunization program ; (2) in subsection (b), as redesignated by subsection (a)(1)— (A) in the heading, by inserting from anthrax vaccine immunization program after exemptions ; and (B) by striking Secretary of Defense and inserting Secretary ; and (3) in the heading of subsection (c), as redesignated by subsection (a)(1), by inserting to anthrax vaccine after reactions. (c) Clerical amendment \nThe table of sections for chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1110 and inserting the following new item: 1110. System for tracking and recording vaccine information; anthrax vaccine immunization program.. (d) Deadline for establishment of system \nThe Secretary of Defense shall establish the system under section 1110 of title 10, United States Code, as added by subsection (a), by not later than January 1, 2023. (e) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the administration of vaccines to members of the Armed Forces under the jurisdiction of the Secretary of a military department and on the status of establishing the system under section 1110(a) of title 10, United States Code (as added by subsection (a)). Such report shall include information on the following: (1) The process by which such members receive vaccines, and the process by which the Secretary tracks, records, and reports on, vaccines received by such members (including with respect to any transfers by a non-Department provider to the Department of vaccination records or other medical information of the member related to the administration of vaccines by the non-Department provider). (2) The storage of information related to the administration of vaccines in the electronic health records of such members, and the cyber protections involved in such storage, as required under such section 1110(a)(2) of title 10, United States Code. (3) The general process by which medical information of beneficiaries under the TRICARE program is collected, tracked, and recorded, including the process by which medical information from providers contracted by the Department or from a State or local department of health is transferred to the Department and associated with records maintained by the Secretary. (4) Any gaps or challenges relating to the vaccine administration process of the Department and any legislative or budgetary recommendations to address such gaps or challenges. (f) Definitions \nIn this section: (1) The term military departments has the meaning given such term in section 101 of title 10, United States Code. (2) The term TRICARE program has the meaning given such term in section 1072 of such title.", "id": "H76AEE307D57E4EE78E61943CDC9D0220", "header": "Establishment of Department of Defense system to track and record information on vaccine administration" }, { "text": "717. Exemption from required physical examination and mental health assessment for certain members of the reserve components \nSection 1145(a)(5) of title 10, United States Code is amended— (1) in subparagraph (A), by striking The Secretary and inserting Except as provided in subparagraph (D), the Secretary ; and (2) by adding at the end the following new subparagraph: (D) The requirement for a physical examination and mental health assessment under subparagraph (A) shall not apply with respect to a member of a reserve component described in paragraph (2)(B) unless the member is retiring, or being discharged or dismissed, from the armed forces..", "id": "HE2702746025B460B801204DA3FB77E67", "header": "Exemption from required physical examination and mental health assessment for certain members of the reserve components" }, { "text": "718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees \nSection 2114(h) of title 10, United States Code, is amended— (1) by striking The Secretary of Defense and inserting (1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs, ; and (2) by adding at the end the following new paragraph: (2) (A) A covered employee whose employment or service with the Department of Veterans Affairs, Public Health Service, or Coast Guard (as applicable) is in a position relevant to national security or health sciences may receive instruction at the University within the scope of such employment or service. (B) If a covered employee receives instruction at the University pursuant to subparagraph (A), the head of the Federal agency concerned shall reimburse the University for the cost of providing such instruction to the covered employee. Amounts received by the University under this subparagraph shall be retained by the University to defray the costs of such instruction. (C) Notwithstanding subsections (b) through (e) and subsection (i), the head of the Federal agency concerned shall determine the service obligations of the covered employee receiving instruction at the University pursuant to subparagraph (A) in accordance with applicable law. (D) In this paragraph— (i) the term covered employee means an employee of the Department of Veterans Affairs, a civilian employee of the Public Health Service, a member of the commissioned corps of the Public Health Service, a member of the Coast Guard, or a civilian employee of the Coast Guard; and (ii) the term head of the Federal agency concerned means the head of the Federal agency that employs, or has jurisdiction over the uniformed service of, a covered employee permitted to receive instruction at the University under subparagraph (A) in the relevant position described in such subparagraph..", "id": "H7CD6A823A5D146ECBC23B509F48DAE50", "header": "Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees" }, { "text": "719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs \nSection 729 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1073 note) is amended— (1) in subsection (a)(1), by striking in the previous year ; (2) in subsection (b), by striking in the previous year ; and (3) in subsection (c), by striking in the previous year.", "id": "HF4E1A23B85314DEDAF96BA7332FE551C", "header": "Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs" }, { "text": "720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines \n(a) Standards \nThe Secretary of Defense shall establish uniform standards under which covered members may be exempted from receiving an otherwise mandated COVID–19 vaccine for administrative, medical, or religious reasons. (b) Definitions \nIn this section: (1) The term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department. (2) The term COVID–19 vaccine means any vaccine for the coronavirus disease 2019 (COVID–19), including any subsequent booster shot for COVID–19.", "id": "H5F3E9ABA6A994808A7FBD6EA5B882F73", "header": "Department of Defense standards for exemptions from mandatory COVID–19 vaccines" }, { "text": "721. Establishment of centers of excellence for enhanced treatment of ocular injuries \n(a) In general \nNot later than October 1, 2023, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall establish within the Defense Health Agency not fewer than four regional centers of excellence for the enhanced treatment of— (1) ocular wounds or injuries; and (2) vision dysfunction related to traumatic brain injury. (b) Location of centers \nEach center of excellence established under subsection (a) shall be located at a military medical center that provides graduate medical education in ophthalmology and related subspecialties and shall be the primary center for providing specialized medical services for vision for members of the Armed Forces in the region in which the center of excellence is located. (c) Policies for referral of beneficiaries \nNot later than October 1, 2023, the Director of the Defense Health Agency shall publish on a publicly available internet website of the Department of Defense policies for the referral of eligible beneficiaries of the Department to centers of excellence established under subsection (a) for evaluation and treatment. (d) Identification of medical personnel billets and staffing \nThe Secretary of each military department, in conjunction with the Joint Staff Surgeon and the Director of the Defense Health Agency, shall identify specific medical personnel billets essential for the evaluation and treatment of ocular sensory injuries and ensure that centers of excellence established under subsection (a) are staffed with such personnel at the level required for the enduring medical support of each such center. (e) Briefing \nNot later than December 31, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that— (1) describes the establishment of each center of excellence established under subsection (a), to include the location, capability, and capacity of each such center; (2) describes the referral policy published by the Defense Health Agency under subsection (c); (3) identifies the medical personnel billets identified under subsection (d); and (4) provides a plan for the staffing of personnel at such centers to ensure the enduring medical support of each such center. (f) Military medical center defined \nIn this section, the term military medical center means a medical center described in section 1073d(b) of title 10, United States Code.", "id": "H37C0F9078E074A9DA66D774726B9024C", "header": "Establishment of centers of excellence for enhanced treatment of ocular injuries" }, { "text": "722. Implementation of integrated product for management of population health across military health system \n(a) Integrated product \nThe Secretary of Defense shall develop and implement an integrated product for the management of population health across the military health system. Such integrated product shall serve as a repository for the health care, demographic, and other relevant data of all covered beneficiaries, including with respect to data on health care services furnished to such beneficiaries through the purchased care and direct care components of the TRICARE program, and shall— (1) be compatible with the electronic health record system maintained by the Secretary for members of the Armed Forces; (2) enable the collection and stratification of data from multiple sources to measure population health goals, facilitate disease management programs of the Department, improve patient education, and integrate wellness services across the military health system; and (3) enable predictive modeling to improve health outcomes for patients and to facilitate the identification and correction of medical errors in the treatment of patients, issues regarding the quality of health care services provided, and gaps in health care coverage. (b) Considerations in development \nIn developing the integrated product under subsection (a), the Secretary shall harmonize such development with any policies of the Department relating to a digital health strategy (including the digital health strategy under section 723 ), coordinate with improvements to the electronic health record system specified in subsection (a)(1) to ensure the compatibility required under such subsection, and consider methods to improve beneficiary interface. (c) Definitions \nIn this section: (1) The terms covered beneficiary and TRICARE program have the meanings given such terms in section 1072 of title 10, United States Code. (2) The term integrated product means an electronic system of systems (or solutions or products) that provides for the integration and sharing of data to meet the needs of an end user in a timely and cost-effective manner.", "id": "H9653FF83226B4B449EE71A48690B84EC", "header": "Implementation of integrated product for management of population health across military health system" }, { "text": "723. Digital health strategy of Department of Defense \n(a) Digital health strategy \n(1) Strategy \nNot later than April 1, 2022, the Secretary of Defense shall develop a digital health strategy of the Department of Defense to incorporate new and emerging technologies and methods (including three-dimensional printing, virtual reality, wearable devices, big data and predictive analytics, distributed ledger technologies, and other innovative methods that leverage new or emerging technologies) in the provision of clinical care within the military health system. (2) Elements \nThe strategy under paragraph (1) shall address, with respect to future use within the military health system, the following: (A) Emerging technology to improve the delivery of clinical care and health services. (B) Emerging technology to improve the patient experience in matters relating to medical case management, appointing, and referrals in both the direct care and purchased care components of the TRICARE program, as such term is defined in section 1072 of title 10, United States Code. (C) Design thinking to improve the delivery of clinical care and health services. (D) Advanced clinical decision support systems. (E) Simulation technologies for clinical training (including through simulation immersive training) and clinical education, and for the training of health care personnel in the adoption of emerging technologies for clinical care delivery. (F) Wearable devices. (G) Three-dimensional printing and related technologies. (H) Data-driven decision making, including through the use of big data and predictive analytics, in the delivery of clinical care and health services. (b) Briefing \nNot later than July 1, 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing setting forth— (1) the strategy under subsection (a); and (2) a plan to implement such strategy, including the estimated timeline and cost for such implementation.", "id": "H4AC21A1291DD4E268C3E3DC3B1206493", "header": "Digital health strategy of Department of Defense" }, { "text": "724. Development and update of certain policies relating to military health system and integrated medical operations \n(a) In general \nBy not later than October 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop and update certain policies relating to the military health system and integrated medical operations of the Department of Defense as follows: (1) Updated plan on integrated medical operations in continental United States \nThe Secretary of Defense shall develop an updated plan on integrated medical operations in the continental United States and update the Department of Defense Instruction 6010.22, titled National Disaster Medical System (NDMS) (or such successor instruction) accordingly. Such updated plan shall— (A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817); (B) include an updated bed plan, to include bed space available through the military health system and through hospitals participating in the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ); (C) include a determination as to whether combat casualties should receive medical care under the direct care or purchased care component of the military health system and a risk analysis in support of such determination; (D) identify the manning levels required to furnish medical care under the updated plan, including with respect to the levels of military personnel, civilian employees of the Department, and contractors of the Department; and (E) include a cost estimate for the furnishment of such medical care. (2) Updated plan on global patient movement \nThe Secretary of Defense shall develop an updated plan on global patient movement and update the Department of Defense Instruction 5154.06, relating to medical military treatment facilities and patient movement (or such successor instruction) accordingly. Such updated plan shall— (A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817); (B) include a risk assessment with respect to patient movement compared against overall operational plans; (C) include a description of any capabilities-based assessment of the Department that informed the updated plan or that was in progress during the time period in which the updated plan was developed; (D) identify the manning levels, equipment and consumables, and funding levels, required to carry out the updated plan; and (E) address airlift capability, medical evacuation capability, and access to ports of embarkation. (3) Assessment of biosurveillance and medical research capabilities \nThe Secretary of Defense shall conduct an assessment of the biosurveillance and medical research capabilities of the Department of Defense. Such assessment shall include the following: (A) An identification of the location and strategic value of the overseas medical laboratories and overseas medical research programs of the Department. (B) An assessment of the current capabilities of such laboratories and programs with respect to force health protection and evidence-based medical research. (C) A determination as to whether such laboratories and programs have the capabilities, including as a result of the geographic location of such laboratories and programs, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces. (D) The current biosurveillance and medical research capabilities of the Department. (E) The current manning levels of the biosurveillance and medical research entities of the Department, including an assessment of whether such entities are manned at a level necessary to support the missions of the combatant commands (including with respect to missions related to pandemic influenza or homeland defense). (F) The current funding levels of such entities, including a risk assessment as to whether such funding is sufficient to sustain the manning levels necessary to support missions as specified in subparagraph (E). (b) Interim briefing \nNot later than April 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the progress of implementation of the plans and assessment required under subsection (a). (c) Report \nNot later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing each updated plan and assessment required under subsection (a).", "id": "H28E0485C15384B9D9FC5ADA29CAC4F73", "header": "Development and update of certain policies relating to military health system and integrated medical operations" }, { "text": "725. Mandatory training on health effects of burn pits \nThe Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits.", "id": "H0E1971BF807C4F2FB56A6EA88EDC811A", "header": "Mandatory training on health effects of burn pits" }, { "text": "726. Standardization of definitions used by the Department of Defense for terms related to suicide \n(a) Standardization of definitions \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop standardized definitions for the following terms: (1) Suicide. (2) Suicide attempt. (3) Suicidal ideation. (b) Required use of standardized definitions \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall issue policy guidance requiring the exclusive and uniform use across the Department of Defense and within each military department of the standardized definitions developed under subsection (a) for the terms specified in such subsection. (c) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that sets forth the standardized definitions developed under subsection (a) and includes— (1) a description of the process that was used to develop such definitions; (2) a description of the methods by which data shall be collected on suicide, suicide attempts, and suicidal ideations (as those terms are defined pursuant to such definitions) in a standardized format across the Department and within each military department; and (3) an implementation plan to ensure the use of such definitions as required pursuant to subsection (b).", "id": "H79C5EA6748934B2FAB7E3D9E5BA86358", "header": "Standardization of definitions used by the Department of Defense for terms related to suicide" }, { "text": "731. Modifications and reports related to military medical manning and medical billets \n(a) Military medical manning and medical billets \n(1) Modifications to limitation on reduction or realignment \nSection 719 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1454), as amended by section 717 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (A) in subsection (a), by striking 180 days following the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and inserting the year following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; and (B) in subsection (b)(1), by inserting , including any billet validation requirements determined pursuant to estimates provided in the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), after requirements of the military department of the Secretary. (2) GAO report on reduction or realignment of military medical manning and medical billets \n(A) Report \nNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the analyses used to support any reduction or realignment of military medical manning, including any reduction or realignment of medical billets of the military departments. (B) Elements \nThe report under subparagraph (A) shall include the following: (i) An analysis of the use of the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817) and wartime scenarios to determine military medical manpower requirements, including with respect to pandemic influenza and homeland defense missions. (ii) An assessment of whether the Secretaries of the military departments have used the processes under section 719(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1454) to ensure that a sufficient combination of skills, specialties, and occupations are validated and filled prior to the transfer of any medical billets of a military department to fill other military medical manpower needs. (iii) An assessment of the effect of the reduction or realignment of such billets on local health care networks and whether the Director of the Defense Health Agency has conducted such an assessment in coordination with the Secretaries of the military departments. (b) Assignment of medical and dental personnel of the military departments to military medical treatment facilities \n(1) Deadline for assignment \nThe Secretaries of the military departments shall ensure that the Surgeons General of the Armed Forces carry out fully the requirements of section 712(b)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1073c note) by not later than September 30, 2022. (2) Additional requirement for Walter Reed National Military Medical Center \n(A) Assignment of military personnel \nFor fiscal years 2023 through 2027, except as provided in subparagraph (B), the Secretary of Defense shall ensure that the Secretaries of the military departments assign to the Walter Reed National Military Medical Center sufficient military personnel to meet not less than 85 percent of the joint table of distribution in effect for such facility on December 23, 2016. (B) Exception \nSubparagraph (A) shall not apply to any fiscal year for which the Secretary of Defense certifies at the beginning of such fiscal year to the Committees on Armed Services of the Senate and the House of Representatives that notwithstanding the failure to meet the requirement under such paragraph, the Walter Reed National Military Medical Center is fully capable of carrying out all significant activities as the premier medical center of the military health system. (3) Reports \n(A) In general \nNot later than September 30, 2022, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the compliance of the military department concerned with this subsection. Each such report shall include— (i) an accounting of the number of uniformed personnel and civilian personnel assigned to a military medical treatment facility as of October 1, 2019; and (ii) a comparable accounting as of September 30, 2022. (B) Explanation \nIf the number specified in clause (ii) of subparagraph (A) is less than the number specified in clause (i) of such subparagraph, the Secretary concerned shall provide a full explanation for the reduction.", "id": "HC21D9AE7D50240029E22A509D960C73C", "header": "Modifications and reports related to military medical manning and medical billets" }, { "text": "732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions \n(a) Assessment \nThe Secretary of Defense shall provide to employees of the United States Government and their family members who the Secretary determines are experiencing symptoms of certain anomalous health conditions, as defined by the Secretary for purposes of this section, timely access for medical assessment, subject to space availability, to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. (b) Treatment \nWith respect to an individual described in subsection (a) diagnosed with an anomalous health condition or a related affliction, whether diagnosed under an assessment under subsection (a) or otherwise, the Secretary of Defense shall furnish to the individual treatment for the condition or affliction, subject to space availability, at the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. (c) Development of process \nThe Secretary of Defense, in consultation with the heads of such Federal agencies as the Secretary considers appropriate, shall develop a process to ensure that employees from those agencies and their family members are afforded timely access to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility pursuant to subsection (a) by not later than 60 days after the date of the enactment of this Act. (d) Modification of Department of Defense Trauma Registry \nThe Secretary of Defense shall modify the Trauma Registry of the Department of Defense to include data on the demographics, condition-producing event, diagnosis and treatment, and outcomes of anomalous health conditions experienced by employees of the United States Government and their family members assessed or treated under this section, subject to an agreement by the employing agency and the consent of the employee.", "id": "HB693E1494AC74CF3A8AC461C23C53253", "header": "Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions" }, { "text": "733. Pilot program on cardiac screening at certain military service academies \n(a) Pilot program \nThe Secretary of Defense shall establish a pilot program to furnish mandatory electrocardiograms to individuals who have been admitted to a covered military service academy in connection with the military accession screening process, at no cost to such candidates. (b) Scope \nThe scope of the pilot program under subsection (a) shall include at least 25 percent of the incoming class of individuals who have been admitted to a covered military service academy during the first fall semester that follows the date of the enactment of this Act, and the pilot program shall terminate on the date on which the Secretary determines the military accession screening process for such class has concluded. (c) Furnishing of electrocardiograms \nIn carrying out the pilot program under subsection (a), the Secretary shall furnish each mandatory electrocardiogram under the pilot program in a facility of the Department of Defense or by medical personnel within the military health system. (d) Briefing \nNot later than 180 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the pilot program. Such briefing shall include the following: (1) The results of all electrocardiograms furnished to individuals under the pilot program, disaggregated by military service academy, race, and gender. (2) The rate of significant cardiac issues detected pursuant to electrocardiograms furnished under the pilot program, disaggregated by military service academy, race, and gender. (3) The cost of carrying out the pilot program. (4) The number of individuals, if any, who were disqualified from admission based solely on the result of an electrocardiogram furnished under the pilot program. (e) Covered military service academy defined \nIn this section, the term covered military service academy does not include the United States Coast Guard Academy or the United States Merchant Marine Academy.", "id": "H42E2CEA15E364F43AFB71EE345A8D238", "header": "Pilot program on cardiac screening at certain military service academies" }, { "text": "734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities \n(a) Pilot program \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence a pilot program, to be carried out for at least a one-year period, to provide direct assistance for mental health appointment scheduling under the direct care and purchased care components of the TRICARE program, through facilities and clinics selected by the Secretary for participation in the pilot program in a number determined by the Secretary. (b) Briefings \n(1) First briefing \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the nature of the pilot program under subsection (a). (2) Final briefing \nNot later than 90 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the pilot program. Such briefing shall include an assessment of— (A) the effectiveness of the pilot program with respect to improved access to mental health appointments; and (B) any barriers to scheduling mental health appointments under the pilot program observed by health care professionals or other individuals involved in scheduling such appointments. (c) TRICARE program defined \nIn this section, the term TRICARE program has the meaning given such term in section 1072 of title 10, United States Code.", "id": "H67F7BA1AF0D34ACFACAFCB4F37B0AE5D", "header": "Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities" }, { "text": "735. Prohibition on availability of funds for certain research connected to China \n(a) Prohibition \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to fund any work to be performed by EcoHealth Alliance, Inc. in China on research supported by the government of China. (b) Waiver \nThe Secretary of Defense may waive the prohibition under subsection (a) if the Secretary— (1) determines that the waiver is in the national security interests of the United States; and (2) not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including— (A) an identification of the Department of Defense entity obligating or expending the funds; (B) an identification of the amount of such funds; (C) an identification of the intended purpose of such funds; (D) an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable); (E) an explanation for how the waiver is in the national security interests of the United States; and (F) any other information the Secretary determines appropriate.", "id": "H81A15C26A8CB433A9D38A4473FFC1D05", "header": "Prohibition on availability of funds for certain research connected to China" }, { "text": "736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine \n(a) Limitation \nDuring the period of time beginning on August 24, 2021, and ending on the date that is two years after the date of the enactment of this Act, any administrative discharge of a covered member, on the sole basis that the covered member failed to obey a lawful order to receive a vaccine for COVID–19, shall be— (1) an honorable discharge; or (2) a general discharge under honorable conditions. (b) Definitions \nIn this section: (1) The terms Armed Forces and military departments have the meanings given such terms in section 101 of title 10, United States Code. (2) The term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department.", "id": "H526B9D0F6BC945AF902E28640D62B1FE", "header": "Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine" }, { "text": "737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program \n(a) Agreement \n(1) In general \nThe Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the National Academies ) for the National Academies to carry out the activities described in subsections (b) and (c). (2) Timing \nThe Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act. (b) Analysis by the National Academies \n(1) Analysis \nUnder an agreement between the Secretary and the National Academies entered into pursuant to subsection (a), the National Academies shall conduct an analysis of the effectiveness of the Department of Defense Comprehensive Autism Care Demonstration program (in this section referred to as the demonstration program ) and develop recommendations for the Secretary based on such analysis. (2) Elements \nThe analysis conducted and recommendations developed under paragraph (1) shall include the following: (A) An assessment of all methods used to assist in the assessment of domains related to autism spectrum disorder, including a determination as to whether the Secretary is applying such methods appropriately under the demonstration project. (B) An assessment of the methods used under the demonstration project to measure the effectiveness of applied behavior analysis in the treatment of autism spectrum disorder. (C) A review of any guidelines or industry standards of care adhered to in the provision of applied behavior analysis services under the demonstration program, including a review of the effects of such adherence with respect to dose-response or health outcomes for an individual who has received such services. (D) A review of the health outcomes for an individual who has received applied behavior analysis treatments over time. (E) An analysis of the increased utilization of the demonstration program by beneficiaries under the TRICARE program, to improve understanding of such utilization. (F) Such other analyses to measure the effectiveness of the demonstration program as may be determined appropriate by the National Academies. (G) An analysis on whether the incidence of autism is higher among the children of military families. (H) The development of a list of recommendations related to the measurement, effectiveness, and increased understanding of the demonstration program and its effect on beneficiaries under the TRICARE program. (c) Report \nUnder an agreement entered into between the Secretary and the National Academies under subsection (a), the National Academies, not later than nine months after the date of the execution of the agreement, shall— (1) submit to the congressional defense committees a report on the findings of the National Academies with respect to the analysis conducted and recommendations developed under subsection (b); and (2) make such report available on a public website in unclassified form.", "id": "H940483D9B87E48D7A58CD54106A780B0", "header": "Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program" }, { "text": "738. Independent review of suicide prevention and response at military installations \n(a) Establishment of committee \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish an independent suicide prevention and response review committee. (b) Membership \nThe committee established under subsection (a) shall be composed of not fewer than five individuals— (1) designated by the Secretary; (2) with expertise determined to be relevant by the Secretary, including at least one individual who is an experienced provider of mental health services; and (3) none of whom may be a member of an Armed Force or a civilian employee of the Department of Defense. (c) Selection of military installations \n(1) In general \nThe Secretary shall select, for review by the committee established under subsection (a), at least one military installation under the jurisdiction of each military department. (2) Inclusion of remote installation \nThe Secretary shall ensure that, of the total military installations selected for review under paragraph (1), at least one such installation is a remote installation of the Department of Defense located outside the contiguous United States. (d) Duties \nThe committee established under subsection (a) shall review the suicide prevention and response programs and other factors that may contribute to the incidence or prevention of suicide at the military installations selected for review pursuant to subsection (c). Such review shall be conducted through means including— (1) a confidential survey; (2) focus groups; and (3) individual interviews. (e) Coordination \nIn carrying out this section, the Secretary shall ensure that the Director of the Office of People Analytics of the Department of Defense and the Director of the Office of Force Resiliency of the Department of Defense coordinate and cooperate with the committee established under subsection (a). (f) Reports \n(1) Report to Secretary \nNot later than 270 days after the date of the establishment of the committee under subsection (a), the committee shall submit to the Secretary a report containing the results of the reviews conducted by the committee and recommendations of the committee to reduce the incidence of suicide at the military installations reviewed. (2) Report to Congress \nNot later than 330 days after the date of the establishment of the committee under subsection (a), the committee shall submit to the Committees on Armed Services of the House of Representatives and the Senate the report under paragraph (1). (g) Termination \nThe committee established under subsection (a) shall terminate on a date designated by the Secretary as the date on which the work of the committee has been completed. (h) Nonapplicability of FACA \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee established under subsection (a).", "id": "HECCB254D3E2D48A5A044B3F7CB1BE3B0", "header": "Independent review of suicide prevention and response at military installations" }, { "text": "739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam \n(a) Study \nNot later than April 1, 2022, the Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Director of the Air National Guard, shall complete a study on the feasibility and advisability of establishing at Joint Base Pearl Harbor-Hickam an aeromedical squadron of the Air National Guard in Hawaii to support the aeromedical mission needs of the United States Indo-Pacific Command. (b) Elements \nThe study under subsection (a) shall assess the following: (1) The manpower required for the establishment of an aeromedical squadron of the Air National Guard in Hawaii as specified in subsection (a). (2) The overall cost of such establishment. (3) The length of time required for such establishment. (4) The mission requirements for such establishment. (5) Such other matters as may be determined relevant by the Secretary. (c) Briefing \nNot later than April 1, 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the findings of the feasibility and advisability study under subsection (a), including with respect to each element specified in subsection (b).", "id": "HEF0648EA80684A5AA90EAE31B67F5661", "header": "Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam" }, { "text": "740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty \n(a) Study \nThe Secretary of Defense shall conduct a study on the incidence of breast cancer among members of the Armed Forces serving on active duty. (b) Elements \nThe study under subsection (a) shall include the following: (1) A determination of the number of members of the Armed Forces who served on active duty at any time during the period beginning on January 1, 2011, and ending on the date of the enactment of this Act who were diagnosed with breast cancer during such period. (2) A determination of demographic information regarding such members, including race, ethnicity, sex, age, military occupational specialty, and rank. (3) A comparison of the rates of members of the Armed Forces serving on active duty who have breast cancer to civilian populations with comparable demographic characteristics. (4) An identification of potential factors associated with service in the Armed Forces that could increase the risk of breast cancer for members of the Armed Forces serving on active duty. (5) To the extent the data are available, an identification of overseas locations associated with airborne hazards, such as burn pits, and members of the Armed Forces diagnosed with breast cancer who served on active duty in such locations. (6) An assessment of the effectiveness of outreach by the Department of Defense to members of the Armed Forces to identify risks of, prevent, detect, and treat breast cancer. (7) An assessment of the feasibility and advisability of changing the current mammography screening policy of the Department to incorporate all members of the Armed Forces who deployed overseas to an area associated with airborne hazards, such as burn pits. (8) An assessment of the feasibility and advisability of conducting digital breast tomosynthesis at facilities of the Department that provide mammography services. (9) Such recommendations as the Secretary may have for changes to policy or law that could improve the prevention, early detection, awareness, and treatment of breast cancer among members of the Armed Forces serving on active duty, including any additional resources needed. (c) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings and recommendations of the study under subsection (a), including a description of any further unique military research needed with respect to breast cancer.", "id": "H5037131C698046B79E0FF2EE4FBC4232", "header": "Study on incidence of breast cancer among members of the Armed Forces serving on active duty" }, { "text": "741. GAO biennial study on Individual Longitudinal Exposure Record program \n(a) Studies and reports required \nNot later than December 31, 2023, and once every two years thereafter until December 31, 2030, the Comptroller General of the United States shall— (1) conduct a study on the implementation and effectiveness of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs; and (2) submit to the appropriate congressional committees a report containing the findings of the most recently conducted study. (b) Elements \nThe biennial studies under subsection (a) shall include an assessment of elements as follows: (1) Initial study \nThe initial study conducted under subsection (a) shall assess, at a minimum, the following: (A) Statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program. (B) Costs associated with the program, including any cost overruns associated with the program. (C) The capacity to expand the program to include the medical records of veterans who served prior to the establishment of the program. (D) Any illness recently identified as relating to a toxic exposure (or any guidance relating to such an illness recently issued) by either the Secretary of Defense or the Secretary of Veterans Affairs, including any such illness or guidance that relates to open burn pit exposure. (E) How the program has enabled (or failed to enable) the discovery, notification, and medical care of individuals affected by an illness described in subparagraph (D). (F) Physician and patient feedback on the program, particularly feedback that relates to ease of use. (G) Cybersecurity and privacy protections of patient data stored under the program, including whether any classified or restricted data has been stored under the program (such as data relating to deployment locations or duty stations). (H) Any technical or logistical impediments to the implementation or expansion of the program, including any impediments to the inclusion in the program of databases or materials originally intended to be included. (I) Any issues relating to read-only access to data under the program by veterans. (J) Any issues relating to the interoperability of the program between the Department of Defense and the Department of Veterans Affairs. (2) Subsequent studies \nExcept as provided in paragraph (3), each study conducted under subsection (a) following the initial study specified in paragraph (1) shall assess— (A) statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program; and (B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1). (3) Final study \nThe final study conducted under subsection (a) shall assess— (A) the elements specified in subparagraphs (A), (B), (D), (E), (F), and (H) of paragraph (1); and (B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1). (c) Access by Comptroller General \n(1) Information and materials \nUpon request of the Comptroller General, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Comptroller General any information or other materials necessary for the conduct of each biennial study under subsection (a). (2) Interviews \nIn addition to such other authorities as are available, the Comptroller General shall have the right to interview officials and employees of the Department of Defense and the Department of Veterans Affairs (including clinicians, claims adjudicators, and researchers) as necessary for the conduct of each biennial study under subsection (a). (d) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate. (2) The term Secretary concerned means— (A) the Secretary of Defense, with respect to matters concerning the Department of Defense; and (B) the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs.", "id": "H473E72107AD64994B50EC139D9A40E0E", "header": "GAO biennial study on Individual Longitudinal Exposure Record program" }, { "text": "742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system \n(a) Study \n(1) In general \nThe Comptroller General of the United States shall conduct a study on the implementation by the Department of Defense of statutory requirements to reform the military health system contained in a covered Act. (2) Elements \nThe study required by paragraph (1) shall include the following elements: (A) A compilation of a list of, and citation for, each statutory requirement on reform of the military health system contained in a covered Act. (B) An assessment of the extent to which such requirement was implemented, or is currently being implemented. (C) An evaluation of the actions taken by the Department of Defense to assess and determine the effectiveness of actions taken pursuant to such requirement. (D) Such other matters in connection with the implementation of such requirement as the Comptroller General considers appropriate. (b) Briefing and report \n(1) Briefing \nNot later than May 1, 2022, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the study conducted under subsection (a). (2) Report \nNot later than May 1, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a) that includes the elements specified in paragraph (2) of such subsection. (c) Covered Act defined \nIn this section, the term covered Act means any of the following: (1) The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) The National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (3) The John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ). (4) The National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ). (5) The National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ). (6) The National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ). (7) The Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ). (8) The National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ). (9) The National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (10) The National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ).", "id": "H870A37270ED24058A217E182474EF4F4", "header": "Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system" }, { "text": "743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office \n(a) Study \nThe Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall conduct a study to determine— (1) whether there is a validated need or military requirement for the development of a joint fund of the Department of Defense and the Department of Veterans Affairs for the Federal Electronic Health Record Modernization Office; and (2) whether the operations of the Federal Electronic Health Record Modernization Office since its establishment, including how the Office has supported the implementation of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs, justify the development of a potential joint fund. (b) Elements \nThe study under subsection (a) shall assess the following: (1) Justifications for the development of the joint fund. (2) The potential resource allocation and funding commitments for the Department of Defense and Department of Veterans Affairs with respect to the joint fund. (3) Options for the governance structure of the joint fund, including how accountability would be divided between the Department of Defense and the Department of Veterans Affairs. (4) The anticipated contents of the joint fund, including the anticipated process for annual transfers to the joint fund from the Department of Defense and the Department of Veterans Affairs, respectively. (5) An estimated timeline for the potential establishment of the joint fund. (6) The progress and accomplishments of the Federal Electronic Health Record Modernization Office during fiscal year 2021 in fulfilling the purposes specified in subparagraphs (C) through (R) of section 1635(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181 ; 10 U.S.C. 1071 note). (c) Report \nNot later than July 1, 2022, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall submit to the appropriate congressional committees a report on the findings of the study under subsection (a), including recommendations on the development of the joint fund specified in such subsection. Such recommendations shall address— (1) the purpose of the joint fund; and (2) requirements related to the joint fund. (d) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committees on Armed Services of the House of Representatives and the Senate; and (B) the Committees on Veterans’ Affairs of the House of Representatives and the Senate. (2) The term Electronic Health Record Modernization Program has the meaning given such term in section 503(e) of the Veterans Benefits and Transition Act of 2018 ( Public Law 115–407 ; 132 Stat. 5376). (3) The term Federal Electronic Health Record Modernization Office means the Office established under section 1635(b) of the Wounded Warrior Act (title XVI of Public Law 110–181 ; 10 U.S.C. 1071 note).", "id": "H0CE113275E1C41839442FB3945DCDAE2", "header": "Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office" }, { "text": "744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes \nNot later than April 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the development of a capability for the domestic production of critical active pharmaceutical ingredients and drug products in finished dosage form for national security purposes. Such briefing shall include a description of the following: (1) The anticipated cost over the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code (as of the date of the briefing), to develop such a domestic production capability for critical active pharmaceutical ingredients. (2) The cost of producing critical active pharmaceutical ingredients through such a domestic production capability, as compared with the cost of standard manufacturing processes used by the pharmaceutical industry. (3) The average time to produce critical active pharmaceutical ingredients through such a domestic production capability, as compared with the average time to produce such ingredients through standard manufacturing processes used by the pharmaceutical industry. (4) Any intersections between the development of such a domestic production capability, the military health system, and defense-related medical research or operational medical requirements. (5) Lessons learned from the progress made in developing such a domestic production capability as of the date of the briefing, including from any contracts entered into by the Secretary with respect to such a domestic production capability. (6) Any critical active pharmaceutical ingredients that are under consideration by the Secretary for future domestic production as of the date of the briefing. (7) The plan of the Secretary regarding the future use of such a domestic production capability for critical active pharmaceutical ingredients.", "id": "H1226D3AE6DC84203A39F914F7446A6B5", "header": "Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes" }, { "text": "745. Briefing on substance abuse in the Armed Forces \n(a) Briefing \nNot later than June 1, 2022, the Under Secretary of Defense for Personnel and Readiness shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on substance abuse policy, strategy, and programs within the Department of Defense. (b) Elements \nThe briefing required under subsection (a) shall include each of the following elements: (1) With respect to policy, an overview of the policies of the Department of Defense and the military departments with respect to substance abuse, including for covered beneficiaries, and how each such policy is synchronized, including any definitions of the term substance abuse. (2) With respect to background data— (A) an analysis of the trends in substance abuse across the active and reserve components of the Armed Forces over the preceding 10-year period, including the types of care (residential, outpatient, or other), any variation in such trends for demographics or geographic locations of members who have been deployed, and any other indicators that the Under Secretary determines may allow for further understanding of substance abuse programs; and (B) an analysis of trends in substance abuse for covered beneficiaries over the preceding 10-year period, including any variation in such trends for demographics, geographic location, or other indicators that the Under Secretary determines may allow for further understanding of substance abuse programs. (3) With respect to strategic communication, an overview of the strategic communication plan on substance abuse, including different forms of media and initiatives being undertaken. (4) With respect to treatment— (A) a description of the treatment options available and prescribed for substance abuse for members of the Armed Forces and covered beneficiaries, including the different environments of care, such as hospitals, residential treatment facilities, outpatient care, and other care as appropriate; (B) a description of any non-catchment area care which resulted in the nonavailability of military medical treatment facility or military installation capabilities for substance use disorder treatment and the costs associated with sending members of the Armed Forces and covered beneficiaries to non-catchment areas for such treatment; (C) a description of the synchronization between substance abuse programs, mental health treatment, and case management, where appropriate; (D) a description of how substance abuse treatment clinical practice guidelines are used and how frequently such guidelines are updated; and (E) the metrics and outcomes that are used to determine whether substance abuse treatments are effective. (5) The funding lines and the amount of funding the Secretary of Defense and the Secretary of each of the military departments have obligated for substance abuse programs for each of the preceding 10 fiscal years. (c) Definitions \nIn this section: (1) The term catchment area means the approximately 40-mile radius surrounding a military medical treatment facility or military installation, as the case may be. (2) The term covered beneficiary has the meaning given such term in section 1072 of title 10, United States Code.", "id": "H67E791B8D0B94E5A9B2648503FA9BF9B", "header": "Briefing on substance abuse in the Armed Forces" }, { "text": "801. Acquisition workforce educational partnerships \n(a) In general \nSubchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after section 1746 the following new section: 1746a. Acquisition workforce educational partnerships \n(a) Establishment \nThe Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to— (1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense; (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce; (3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking; (4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce; (5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and (6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by— (A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 2361a of this title; (B) supporting the preparation and drafting of the reports required under subsection (f)(2); and (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period. (b) Senior official \nNot later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section. (c) Support from other department of defense organizations \nThe Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate. (d) Funding \nSubject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section. (e) Annual reports \nNot later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted. (f) Exemption to report termination requirements \nSection 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section. (g) Definitions \nIn this section: (1) Acquisition workforce \nThe term acquisition workforce has the meaning given such term in section 1705(g) of this title. (2) Extramural institutions \nThe term extramural institutions means participants in an activity established under section 2361a of this title, public sector organizations, and nonprofit credentialing organizations.. (b) Clerical amendment \nThe table of sections for subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after the item relating to section 1746 the following new item: 1746a. Acquisition workforce educational partnerships..", "id": "H631FF08F8EF54B69BD1E3E9D4843FEB0", "header": "Acquisition workforce educational partnerships" }, { "text": "1746a. Acquisition workforce educational partnerships \n(a) Establishment \nThe Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to— (1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense; (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce; (3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking; (4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce; (5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and (6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by— (A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 2361a of this title; (B) supporting the preparation and drafting of the reports required under subsection (f)(2); and (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period. (b) Senior official \nNot later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section. (c) Support from other department of defense organizations \nThe Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate. (d) Funding \nSubject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section. (e) Annual reports \nNot later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted. (f) Exemption to report termination requirements \nSection 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section. (g) Definitions \nIn this section: (1) Acquisition workforce \nThe term acquisition workforce has the meaning given such term in section 1705(g) of this title. (2) Extramural institutions \nThe term extramural institutions means participants in an activity established under section 2361a of this title, public sector organizations, and nonprofit credentialing organizations.", "id": "H3C721E9903FB4324807D30837A63341F", "header": "Acquisition workforce educational partnerships" }, { "text": "802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations \n(a) Prohibition \n(1) In general \nChapter 148 of title 10, United States Code, is amended by inserting after section 2533d the following new section: 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations \n(a) In general \nExcept as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. (b) Applicability \nSubsection (a) shall apply to prime contracts and subcontracts at any tier. (c) Exceptions \n(1) In general \nSubsection (a) does not apply under the following circumstances: (A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. (B) The procurement of a covered item for use outside of the United States. (C) Purchases for amounts not greater than $150,000. (2) Limitation \nA proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. (d) Definitions \nIn this section: (1) Covered item \nThe term covered item means an article or item of— (A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or (B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. (2) Covered nation \nThe term covered nation means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2533d the following: 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.. (b) Future transfer \n(1) Transfer and redesignation \nSection 2533e of title 10, United States Code, as added by subsection (a), is transferred to the end of subchapter III of chapter 385 of such title, as added by section 1870(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, and redesignated as section 4875. (2) Clerical amendments \n(A) Target chapter table of sections \nThe table of sections for subchapter III of chapter 385 of title 10, United States Code, as added by section 1870(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by adding at the end the following new item: 4875. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.. (B) Origin chapter table of sections \nThe table of sections at the beginning of chapter 148 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2533e. (3) Effective date \nThe transfer, redesignation, and amendments made by this subsection shall take effect immediately after the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 take effect. (4) References; savings provision; rule of construction \nSections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.", "id": "H4213EE2F19654A3FAAEA3DCE54CC447F", "header": "Prohibition on acquisition of personal protective equipment from non-allied foreign nations" }, { "text": "2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations \n(a) In general \nExcept as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. (b) Applicability \nSubsection (a) shall apply to prime contracts and subcontracts at any tier. (c) Exceptions \n(1) In general \nSubsection (a) does not apply under the following circumstances: (A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. (B) The procurement of a covered item for use outside of the United States. (C) Purchases for amounts not greater than $150,000. (2) Limitation \nA proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. (d) Definitions \nIn this section: (1) Covered item \nThe term covered item means an article or item of— (A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or (B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. (2) Covered nation \nThe term covered nation means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran.", "id": "H0DA719CD76DD43A29FD8B15A48C4286B", "header": "Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations" }, { "text": "803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures \n(a) Authority \n(1) In general \nChapter 140 of title 10, United States Code, is amended by adding at the end the following new section: 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures \n(a) Authority \nThe Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. (b) Treatment as competitive procedures \nUse of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. (c) Limitations \n(1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department. (2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts. (3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services. (d) Congressional notification required \n(1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award. (2) Notice of an award under paragraph (1) shall include the following: (A) Description of the innovative commercial product or commercial service acquired. (B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability. (C) Amount of the contract awarded. (D) Identification of the contractor awarded the contract. (e) Innovative defined \nIn this section, the term innovative means— (1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or (2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 140 of title 10, United States Code, is amended by inserting after the item relating to section 2380b the following new item: 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.. (3) Data collection \n(A) In general \nThe Secretary of Defense and each Secretary of a military department shall collect and analyze data on the use of the authority under section 2380c of title 10, United States Code, as added by paragraph (1), for the purposes of— (i) developing and sharing best practices for achieving the objectives of the authority; (ii) gathering information on the implementation of the authority and related policy issues; and (iii) informing the congressional defense committees on the use of the authority. (B) Plan required \nThe authority under section 2380c of title 10, United States Code, as added by paragraph (1), may not be exercised by the Secretary of Defense or any Secretary of a military department during the period beginning on October 1, 2022, and ending on the date on which the Secretary of Defense submits to the congressional defense committees a completed plan for carrying out the data collection required under paragraph (1). (C) Congressional defense committees; military department defined \nIn this paragraph, the terms congressional defense committees and military department have the meanings given such terms in section 101(a) of title 10, United States Code. (b) Future transfer \n(1) Transfer and redesignation \nSection 2380c of title 10, United States Code, as added by subsection (a), is transferred to chapter 247 of such title, added after section 3457, as transferred and redesignated by section 1821(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and redesignated as section 3458. (2) Clerical amendment \nThe table of sections at the beginning of chapter 247 of title 10, United States Code, as added by section 1821(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item related to section 3457 the following new item: 3458. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.. (3) Conforming amendments to internal cross-references \nSection 3458 of title 10, United States Code, as redesignated by paragraph (1), is amended— (A) in subsection (b), by striking chapter 137 and inserting chapter 221 ; and (B) in subsection (c)(3), by striking section 2376(1) and inserting section 3451(1). (4) Effective date \nThe transfer, redesignation, and amendments made by this subsection shall take as if included in title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (5) References; savings provision; rule of construction \nSections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. (c) Repeal of obsolete authority \nSection 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note) is hereby repealed.", "id": "H8F0DEE1D00114875BF8FEC746345D674", "header": "Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures" }, { "text": "2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures \n(a) Authority \nThe Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. (b) Treatment as competitive procedures \nUse of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. (c) Limitations \n(1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department. (2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts. (3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services. (d) Congressional notification required \n(1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award. (2) Notice of an award under paragraph (1) shall include the following: (A) Description of the innovative commercial product or commercial service acquired. (B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability. (C) Amount of the contract awarded. (D) Identification of the contractor awarded the contract. (e) Innovative defined \nIn this section, the term innovative means— (1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or (2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.", "id": "H1B4BF08005994772BB3161F5DDF4BDCF", "header": "Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures" }, { "text": "804. Modifications to contracts subject to cost or pricing data certification \n(a) In general \nSection 2306a(a)(6) of title 10, United States Code, is amended— (1) by striking Upon the request and all that follows through paragraph (1) and inserting Under paragraph (1), ; and (2) by striking modify the contract and all that follows through consideration. and inserting modify the contract as soon as practicable to reflect subparagraphs (B) and (C) of such paragraph, without requiring consideration.. (b) Technical amendment \nSection 1831(c)(8)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4211) is amended by striking before and all that follows through the semicolon at the end and inserting after the subsection designation;.", "id": "HE12E2689FE694987A0A48C08FB695D9B", "header": "Modifications to contracts subject to cost or pricing data certification" }, { "text": "805. Two-year extension of Selected Acquisition Report requirement \n(a) Extension \nSection 2432(j) of title 10, United States Code, is amended by striking fiscal year 2021 and inserting fiscal year 2023. (b) Demonstration required \n(1) In general \nNot later than March 1, 2022, and every six months thereafter, the Secretary of Defense shall provide to the congressional defense committees a demonstration of the capability improvements necessary to achieve the full operational capability of the reporting system that will replace the Selected Acquisition Report requirements under section 2432 of title 10, United States Code, as amended by subsection (a). (2) Elements \n(A) In general \nThe demonstration required under paragraph (1) shall incorporate the following elements: (i) A demonstration of the full suite of data sharing capabilities of the reporting system referred to in paragraph (1) that can be accessed by authorized external users, including the congressional defense committees, for a range of covered programs across acquisition categories, including those selected under section 831 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1492). (ii) The plans required under subsection (c), as available. (B) Initial report \nIn addition to the elements described in subparagraph (A), the first demonstration provided under paragraph (1) shall incorporate the findings of the report required under section 830(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1492). (3) Termination \nThe requirements under this subsection shall terminate upon the date on which the Secretary of Defense submits to the congressional defense committees a written certification of the determination of the Secretary that the reporting system referred to in paragraph (1) has achieved full operational capability. (c) Plans Required for Data Gathering and Sharing \n(1) Data required for improved decision making \n(A) In general \nNot later than March 1, 2022, the Director of Cost Assessment and Program Evaluation shall prepare a plan for identifying and gathering the data required for effective decision making by program managers and Department of Defense leadership regarding covered programs. (B) Contents \nThe plan required under subparagraph (A) shall include— (i) data that— (I) address covered program progress compared to covered program cost, schedule, and performance goals; (II) provide an assessment of covered program risks; and (III) can be collected throughout the fiscal year without significant additional burden; (ii) the data, information, and analytical capabilities supported by the reporting system referred to in subsection (b)(1); (iii) the specific data elements needed to assess covered program performance and associated risks, including software development and cybersecurity risks, and an identification of any data elements that cannot be publicly released; (iv) the types of covered programs to be included in the reporting system referred to in subsection (b)(1), including the dollar value threshold for inclusion, and the acquisition methodologies and pathways that are to be included; (v) the criteria for initiating, modifying, and terminating reporting for covered programs in the reporting system referred to in subsection (b)(1), including program characteristics, acquisition methodology or pathway being used, cost growth or changes, and covered program performance; and (vi) the planned reporting schedule for the reporting system referred to in subsection (b)(1), including when reports will be available to authorized external users and the intervals at which data will be updated. (2) Improved data sharing within the Department of Defense and with outside stakeholders \n(A) In general \nNot later than July 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees the plan of the Department of Defense for the reporting system referred to in subsection (b)(1) to report to the congressional defense committees and effectively share information related to covered programs. (B) Contents \nThe plan required under subparagraph (A) shall— (i) incorporate the plan required under paragraph (1); (ii) provide for reporting not less frequently than once per year and continuous or periodic updates for authorized external users, as appropriate, to increase the efficiency of, and reduce the bureaucratic burdens for, reporting data and information on acquisition programs; (iii) identify the organizations responsible for implementation and overall operation of the reporting system referred to in subsection (b)(1); (iv) identify the organizations responsible for providing data for inclusion in such reporting system and ensuring that data is provided in a timely fashion; (v) include the schedule and milestones for implementing such reporting system; (vi) identify, for such implementation— (I) the resources required, including personnel and funding; and (II) the implementation risks and how such risks will be mitigated; (vii) identify the mechanisms by which reporting will be provided to the congressional defense committees and other authorized external users, including— (I) identification of types of organizations that will have access to the system, including those outside the Department of Defense; (II) how the system will be accessed by users, including those outside the Department of Defense; and (III) how such users will be trained on the use of the system and what level of support will be available for such users on an ongoing basis; and (viii) identify any changes to policy, guidance, or legislation that are required to begin reporting to the congressional defense committees in accordance with the plan. (d) Covered program defined \nIn this section, the term covered program means a program required to be included in a report submitted under section 2432 of title 10, United States Code.", "id": "HEB1DD2A396F9462BAC9B40F83B816F24", "header": "Two-year extension of Selected Acquisition Report requirement" }, { "text": "806. Annual report on highest and lowest performing acquisition programs of the Department of Defense \n(a) In general \nNot later than January 31, 2023, and annually thereafter for the following three years, the Component Acquisition Executive of each element or organization of the Department of Defense shall rank each covered acquisition program based on the criteria selected under subsection (b)(1) and submit to the congressional defense committees a report that contains a ranking of the five highest performing and five lowest performing covered acquisition programs for such element or organization based on such criteria. (b) Ranking criteria \n(1) In general \nIn completing the report required under subsection (a), each Component Acquisition Executive, in consultation with other officials of the Department of Defense as determined appropriate by the Component Acquisition Executive, shall select the criteria for ranking each covered acquisition program. (2) Inclusion in report \nEach Component Acquisition Executive shall include in the report submitted under subsection (a) an identification of the specific ranking criteria selected under paragraph (1), including a description of how those criteria are consistent with best acquisition practices. (c) Additional report elements \nEach Component Acquisition Executive shall include in the report required under subsection (a) for each of the five acquisition programs ranked as the lowest performing the following: (1) A description of the factors that contributed to the ranking of the program as low performing. (2) An assessment of the underlying causes of the poor performance of the program. (3) A plan for addressing the challenges of the program and improving performance, including specific actions that will be taken and proposed timelines for completing such actions. (d) Definitions \nIn this section: (1) Component Acquisition Executive \nThe term Component Acquisition Executive means— (A) a service acquisition executive; or (B) an individual designated by the head of an element or organization of the Department of Defense, other than a military department, as the Component Acquisition Executive for that element or organization. (2) Covered acquisition program \nIn this section the term covered acquisition program means— (A) a major defense acquisition program as defined in section 2430 of title 10, United States Code; or (B) an acquisition program that is estimated by the Component Acquisition Executive to require an eventual total expenditure described in section 2430(a)(1)(B) of title 10, United States Code. (3) Military department; service acquisition executive \nThe terms military department and service acquisition executive have the meanings given such terms in section 101(a) of title 10, United States Code.", "id": "H3BD3C803D90B4926961358174F7B201D", "header": "Annual report on highest and lowest performing acquisition programs of the Department of Defense" }, { "text": "807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services \n(a) Assessment required \nThe Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall jointly assess impediments and incentives to fulfilling the goals of section 3307 of title 41, United States Code, and section 2377 of title 10, United States Code, regarding preferences for commercial products and commercial services to— (1) enhance the innovation strategy of the Department of Defense to compete effectively against peer adversaries; and (2) encourage the rapid adoption of commercial advances in technology. (b) Elements of assessment \nThe assessment shall include a review of the use of preferences for commercial products and commercial services in procurement, including an analysis of— (1) relevant policies, regulations, and oversight processes; (2) relevant acquisition workforce training and education; (3) the role of requirements in the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, Operation of the Adaptive Acquisition Framework ), including— (A) the ability to accommodate evolving commercial functionality and new opportunities identified during market research; and (B) how phasing and uncertainty in requirements are treated; (4) the role of competitive procedures and source selection procedures, including the ability to structure acquisition processes to accommodate— (A) multiple or unequal solutions; and (B) emerging solutions that could fulfill program requirements; (5) the role of planning, programming, and budgeting structures and processes, including appropriations categories; (6) systemic biases in favor of custom solutions; (7) allocation of technical data rights; (8) strategies to control modernization and sustainment costs; (9) the risk to contracting officers and other members of the acquisition workforce of acquiring commercial products and commercial services, and incentives and disincentives for taking such risks; and (10) potential reforms that do not impose additional burdensome and time-consuming constraints on the acquisition process. (c) Briefing \nNot later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall brief the congressional defense committees on the results of the required assessment and any actions undertaken to improve compliance with the statutory preference for commercial products and commercial services, including any recommendations to Congress for legislative action.", "id": "HE2528FFC0E4B4733835DE7B9C9226E42", "header": "Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services" }, { "text": "808. Briefing on transparency for certain domestic procurement waivers \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the extent to which information relating to the use of domestic procurement waivers by the Department of Defense is publicly available.", "id": "H9763A924F6554BBC9841FC9A26769464", "header": "Briefing on transparency for certain domestic procurement waivers" }, { "text": "809. Report on violations of certain domestic preference laws \n(a) Report required \nNot later than February 1 of each of 2023, 2024, and 2025, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a report on violations of certain domestic preference laws reported to the Department of Defense and the military departments. Each report shall include such violations that occurred during the previous fiscal year covered by the report. (b) Elements \nEach report required under subsection (a) shall include the following for each reported violation: (1) The name of the contractor. (2) The contract number. (3) The nature of the violation, including which of the certain domestic preference laws was violated. (4) The origin of the report of the violation. (5) Actions taken or pending by the Secretary concerned in response to the violation. (6) Other related matters deemed appropriate by the Secretary concerned. (c) Certain domestic preference laws defined \nIn this section, the term certain domestic preference laws means any provision of section 2533a or 2533b of title 10, United States Code, or chapter 83 of title 41 of such Code, that requires or creates a preference for the procurement of goods, articles, materials, or supplies, that are grown, mined, reprocessed, reused, manufactured, or produced in the United States.", "id": "H911301508CAD4102A307E101FCAEB812", "header": "Report on violations of certain domestic preference laws" }, { "text": "811. Certain multiyear contracts for acquisition of property: budget justification materials \n(a) In general \nChapter 9 of title 10, United States Code, is amended by adding at the end the following new section: 239c. Certain multiyear contracts for acquisition of property: budget justification materials \n(a) In general \nIn the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under section 2306b of this title that— (1) the head of an agency intends to cancel during the fiscal year; or (2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year. (b) Elements \nEach proposal required by subsection (a) shall include the following: (1) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract. (2) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification. (3) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification. (4) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies. (c) Definitions \nIn this section: (1) The term covered modification means a modification that will result in a reduction in the quantity of end items to be procured. (2) The term head of an agency means— (A) the Secretary of Defense; (B) the Secretary of the Army; (C) the Secretary of the Navy; or (D) the Secretary of the Air Force.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 9 of such title is amended by adding at the end the following new item: 239c. Certain multiyear contracts for acquisition of property: budget justification materials..", "id": "HB9F99E0FF8D541918DEE0A4DC845D2E9", "header": "Certain multiyear contracts for acquisition of property: budget justification materials" }, { "text": "239c. Certain multiyear contracts for acquisition of property: budget justification materials \n(a) In general \nIn the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under section 2306b of this title that— (1) the head of an agency intends to cancel during the fiscal year; or (2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year. (b) Elements \nEach proposal required by subsection (a) shall include the following: (1) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract. (2) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification. (3) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification. (4) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies. (c) Definitions \nIn this section: (1) The term covered modification means a modification that will result in a reduction in the quantity of end items to be procured. (2) The term head of an agency means— (A) the Secretary of Defense; (B) the Secretary of the Army; (C) the Secretary of the Navy; or (D) the Secretary of the Air Force.", "id": "HE476BFBADEF34D58BF7DD5FC1E62A281", "header": "Certain multiyear contracts for acquisition of property: budget justification materials" }, { "text": "812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures \nSection 1762(g) of title 10, United States Code, is amended by striking December 31, 2023 and inserting December 31, 2026.", "id": "H03A67E69DE4B48FF9ABA0D7C58C6C314", "header": "Extension of demonstration project relating to certain acquisition personnel management policies and procedures" }, { "text": "813. Office of Corrosion Policy and Oversight employee training requirements \nSection 2228 of title 10, United States Code, is amended— (1) in subsection (b), by adding at the end the following new paragraph: (6) The Director shall ensure that contractors of the Department of Defense carrying out activities for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, or who are currently enrolled in, a qualified training program. ; (2) in subsection (c)— (A) in paragraph (2), by striking and at the end and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) require that any training or professional development activities for military personnel or civilian employees of the Department of Defense for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense are conducted under a qualified training program that trains and certifies individuals in meeting corrosion control standards that are recognized industry-wide. ; and (3) in subparagraph (f), by adding at the end the following new paragraph: (6) The term qualified training program means a training program in corrosion control, mitigation, and prevention that is— (A) offered or accredited by an organization that sets industry corrosion standards; or (B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. )..", "id": "H4CB22B1C781240B490255A2CF9F8DA3E", "header": "Office of Corrosion Policy and Oversight employee training requirements" }, { "text": "814. Modified condition for prompt contract payment eligibility \nSection 2307(a)(2)(B) of title 10, United States Code, is amended by striking if the prime contractor agrees or proposes to make payments to the subcontractor and inserting if the prime contractor agrees to make payments to the subcontractor.", "id": "H33B9F03BF46043218D082DC714C37320", "header": "Modified condition for prompt contract payment eligibility" }, { "text": "815. Modification to procurement of services: data analysis and requirements validation \n(a) In general \nSection 2329 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking October 1, 2021 and inserting February 1, 2023 ; and (B) by striking paragraphs (4) and (5) and inserting the following new paragraphs: (4) be informed by the review of the inventory required by section 2330a(c) using standard guidelines developed under subsection (d); and (5) clearly and separately identify the amount requested and projected for the procurement of contract services for each Defense Agency, Department of Defense Field Activity, command, or military installation for the budget year and the subsequent four fiscal years in the future-years defense program submitted to Congress under section 221. ; (2) by amending subsection (d) to read as follows: (d) Requirements Evaluation \n(1) Each Services Requirements Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies and procedures, available resources, the analyses conducted under subsection (c), and contracting efficacy and efficiency. An evaluation of a services contract for compliance with contracting policies and procedures may not be considered to be an evaluation of a requirement for such services contract. (2) The Secretary of Defense shall establish and issue standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Any such guidelines issued— (A) shall be consistent with the Handbook of Contract Function Checklists for Services Acquisition issued by the Department of Defense in May 2018, or a successor or other appropriate policy; and (B) shall be updated as necessary to incorporate applicable statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the use of Department of Defense civilian employees to perform new functions and functions that are performed by contractors. (3) The acquisition decision authority for each services contract shall certify— (A) that a task order or statement of work being submitted to a contracting office is in compliance with the standard guidelines; (B) that all appropriate statutory risk mitigation efforts have been made; and (C) that such task order or statement of work does not include requirements formerly performed by Department of Defense civilian employees. (4) The Inspector General of the Department of Defense may conduct annual audits to ensure compliance with this subsection. ; (3) by striking subsection (f) and redesignating the subsequent subsections accordingly; and (4) in subsection (f), as so redesignated— (A) in paragraph (3), by striking January 5, 2016 and inserting January 10, 2020 ; and (B) by adding at the end the following new paragraph: (4) The term acquisition decision authority means the designated decision authority for each designated special interest services acquisition category, described in such Department of Defense Instruction.. (b) Repeals \n(1) Section 235 of title 10, United States Code, is repealed. (2) Section 852 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1492; 10 U.S.C. 2329 note) is repealed.", "id": "H8D8CFB44F2584204B88E227794D54DA4", "header": "Modification to procurement of services: data analysis and requirements validation" }, { "text": "816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels \nSection 2534 of title 10, United States Code, is amended— (1) in subsection (a)(2), by adding at the end the following new subparagraph: (F) Welded shipboard anchor and mooring chain. ; and (2) in subsection (b)— (A) by striking A manufacturer and inserting (1) Except as provided in paragraph (2), a manufacturer ; and (B) by adding at the end the following new paragraph: (2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base..", "id": "HEED56E83F30B424F85C089B4D022469C", "header": "Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels" }, { "text": "817. Repeal of preference for fixed-price contracts \nSection 829 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 2306 note) is repealed.", "id": "HFB3A3531D92B4A2089A2DA09E8461AF1", "header": "Repeal of preference for fixed-price contracts" }, { "text": "821. Modification of other transaction authority for research projects \n(a) In general \nSection 2371 of title 10, United States Code, is amended— (1) in subsection (e)— (A) by striking paragraph (2); (B) in paragraph (1), in the matter preceding subparagraph (A), by striking (1) ; and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (2) by amending subsection (h) to read as follows: (h) Guidance \nThe Secretary of Defense shall issue guidance to carry out this section.. (b) Conforming amendment \nSection 2371b(b)(1) of title 10, United States Code, is amended by striking Subsections (e)(1)(B) and (e)(2) and inserting Subsection (e)(2).", "id": "H86273279843349298D5DABAB6A0E1C3A", "header": "Modification of other transaction authority for research projects" }, { "text": "822. Modification of prize authority for advanced technology achievements \nSection 2374a of title 10, United States Code, is amended— (1) in subsection (a), by inserting , including procurement contracts and other agreements, after other types of prizes ; (2) in subsection (b), in the first sentence, by inserting and for the selection of recipients of procurement contracts and other agreements after cash prizes ; (3) in subsection (c)(1), by inserting without the approval of the Under Secretary of Defense for Research and Engineering before the period at the end; and (4) by adding at the end the following new subsection: (g) Congressional notice \n(1) In general \nNot later than 15 days after a procurement contract or other agreement that exceeds a fair market value of $10,000,000 is awarded under the authority under a program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees written notice of such award. (2) Contents \nEach notice submitted under paragraph (1) shall include— (A) the value of the relevant procurement contract or other agreement, as applicable, including all options; (B) a brief description of the research result, technology development, or prototype for which such procurement contract or other agreement, as applicable, was awarded; and (C) an explanation of the benefit to the performance of the military mission of the Department of Defense resulting from the award..", "id": "H93FB8FC170D540439A74C7BF6C7E47E0", "header": "Modification of prize authority for advanced technology achievements" }, { "text": "823. Pilot program on systems engineering determinations \n(a) Requirement \nAs soon as practicable but not later than September 30, 2023, the Secretary of Defense shall ensure that each covered entity enters into at least two covered transactions under an authority described in subsection (b), where each such covered transaction includes the system engineering determinations described under subsection (c). (b) Covered authorities \nThe authorities described under this subsection are as follows: (1) Section 2371 of title 10, United States Code, with respect to applied and advanced research project transactions relating to weapons systems. (2) Section 2371b of such title, with respect to transactions relating to weapons systems. (3) Section 2373 of such title. (4) Section 2358 of such title, with respect to transactions relating to weapons systems. (c) Systems engineering determinations \n(1) First determination \n(A) Success criteria \nThe head of a covered entity that enters into a covered transaction under this section shall identify, in writing, not later than 30 days after entering into such covered transaction, measurable success criteria related to potential military applications of such covered transaction, to be demonstrated not later than the last day of the period of performance for such covered transaction. (B) Types of determinations \nNot later than 30 days after the end of such period of performance, the head of the covered entity shall make one of the following determinations: (i) A Discontinue determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination. (ii) A Retain and Extend determination, under which such head ensures continued performance of such covered transaction and extends the period of performance for a specified period of time in order to achieve the success criteria described under subparagraph (A). (iii) An Endorse and Refer determination, under which such head endorses the covered transaction and refers it to the most appropriate Service Systems Engineering Command, based on the technical attributes of the covered transaction and the associated potential military applications, based on meeting or exceeding the success criteria. (C) Written notice \nA determination made pursuant to subparagraph (B) shall be documented in writing and provided to the person performing the covered transaction to which the determination relates. (D) Further determination \nIf the head of a covered entity issued a Retain and Extend determination described in subparagraph (B)(ii), such head shall, at the end of the extension period— (i) issue an Endorse and Refer determination described in subparagraph (B)(iii) if the success criteria are met; or (ii) issue a Discontinue determination described in subparagraph (B)(i) if the success criteria are not met. (2) Second determination \n(A) Systems engineering plan \nThe head of the Service Systems Engineering Command that receives a referral from an Endorse and Refer determination described in paragraph (1)(B)(iii) shall, not later than 30 days after receipt of such referral, formulate a systems engineering plan with the person performing the referred covered transaction, technical experts of the Department of Defense, and any prospective program executive officers. (B) Elements \nThe systems engineering plan required under subparagraph (A) shall include the following: (i) Measurable baseline technical capability, based on meeting the success criteria described in paragraph (1)(A). (ii) Measurable transition technical capability, based on the technical needs of the prospective program executive officers to support a current or future program of record. (iii) Discrete technical development activities necessary to progress from the baseline technical capability to the transition technical capability, including an approximate cost and schedule, including activities that provide resolution to issues relating to— (I) interfaces; (II) data rights; (III) Federal Government technical requirements; (IV) specific platform technical integration; (V) software development; (VI) component, subsystem, or system prototyping; (VII) scale models; (VIII) technical manuals; (IX) lifecycle sustainment needs; and (X) other needs identified by the relevant program executive officer. (iv) Identification and commitment of funding sources to complete the activities under clause (iii). (C) Types of determinations \nNot later than 30 days after the end of the schedule required by subparagraph (B)(iii), the head of the Service Systems Engineering Command shall make one of the following determinations: (i) A Discontinue determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination. (ii) A Retain and Extend determination, under which such head ensures continued performance of such covered transaction within the Service Systems Engineering Command and extends the period of performance for a specified period of time in order to— (I) successfully complete the systems engineering plan required under subparagraph (A); and (II) issue specific remedial or additional activities to the person performing the covered transaction. (iii) An Endorse and Refer determination, under which such head endorses the covered transaction and refers it to a program executive officer, based on successful completion of the systems engineering plan required under subparagraph (A). (D) Written notice \nA determination made pursuant to subparagraph (C) shall be documented in writing and provided to the person performing the covered transaction to which the determination relates and any prospective program executive officers for such covered transaction. (E) Further determination \nIf the head of the Service Systems Engineering Command issued a Retain and Extend determination described in subparagraph (C)(ii), such head shall, at the end of the extension period— (i) issue an Endorse and Refer determination described in subparagraph (C)(iii) if the transition technical capability criteria are met; or (ii) issue a Discontinue determination described in subparagraph (B)(i) if the success criteria are not met. (d) Priority for covered transaction selection \nIn selecting a covered transaction under this section, the Secretary shall prioritize those covered transactions that— (1) are being initially demonstrated at a covered entity; (2) demonstrate a high potential to be further developed by a Service Systems Engineering Command; and (3) demonstrate a high potential to be used in a program of the Department of Defense. (e) Notifications \n(1) In general \nNot later than 30 days after a covered transaction is entered into pursuant to subsection (a), the Secretary of Defense shall notify the congressional defense committees of such covered transaction. (2) Updates \nNot later than 120 days after such a covered transaction is entered into, and every 120 days thereafter until the action specified in subsection (c)(1)(B)(i), (c)(2)(C)(i), or (c)(2)(C)(iii) occurs, the Secretary of Defense shall provide written updates to the congressional defense committees on the actions being taken by the Department to comply with the requirements of this section. (f) Briefing required \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section. (g) Definitions \nIn this section: (1) The term covered entity means— (A) the Defense Innovation Unit; (B) the Strategic Capabilities Office; or (C) the Defense Advanced Research Projects Agency. (2) The term covered transaction means a transaction, procurement, or project conducted pursuant to an authority listed in subsection (b). (3) The term Service Systems Engineering Command means the specific Department of Defense command that reports through a chain of command to the head of a military department that specializes in the systems engineering of a system, subsystem, component, or capability area.", "id": "H6C71555659344BB7B6B2F4D4565067F2", "header": "Pilot program on systems engineering determinations" }, { "text": "824. Recommendations on the use of other transaction authority \n(a) Review and recommendations required \n(1) In general \nThe Secretary of Defense shall review the current use, and the authorities, regulations, and policies related to the use, of other transaction authority under sections 2371 and 2371b of title 10, United States Code, and assess the merits of modifying or expanding such authorities with respect to— (A) the inclusion in such transactions for the Government and contractors to include force majeure provisions to deal with unforeseen circumstances in execution of the transaction; (B) the determination of the traditional or nontraditional status of an entity based on the parent company or majority owner of the entity; (C) the determination of the traditional or nontraditional status of an entity based on the status of an entity as a qualified businesses wholly-owned through an Employee Stock Ownership Plan; (D) the ability of the Department of Defense to award agreements for prototypes with all of the costs of the prototype project provided by private sector partners of the participant to the transaction for such prototype project, to allow for expedited transition into follow-on production agreements for appropriate technologies; (E) the ability of the Department of Defense to award agreements for procurement, including without the need for prototyping; (F) the ability of the Department of Defense to award agreements for sustainment of capabilities, including without the need for prototyping; (G) the ability of the Department of Defense to award agreements to support the organic industrial base; (H) the ability of the Department of Defense to award agreements for prototyping of services or acquisition of services; (I) the need for alternative authorities or policies to more effectively and efficiently execute agreements with private sector consortia; (J) the ability of the Department of Defense to monitor and report on individual awards made under consortium-based other transactions; and (K) other issues as identified by the Secretary. (2) Qualified businesses wholly-owned through an Employee Stock Ownership Plan defined \nThe term qualified businesses wholly-owned through an Employee Stock Ownership Plan means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of the Internal Revenue Code). (b) Issues identified and recommendations for changes to policies or authorities \nIn carrying out the review under paragraph (1) of subsection (a), with respect to each issue described in subparagraphs (A) through (K) of such paragraph, the Secretary of Defense shall— (1) identify relevant issues and challenges with the use of the authority under section 2371 or 2371b of title 10, United States Code; (2) discuss the advantages and disadvantages of modifying or expanding the authority under section 2371 or 2371b of title 10, United States Code, to address issues under paragraph (1); (3) identify policy changes that will be made to address issues identified under paragraph (1); (4) make recommendations to the congressional defense committees for new or modified statutory authorities to address issues identified under paragraph (1); and (5) provide such other information as determined appropriate by the Secretary. (c) Report \nNot later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report describing activities undertaken pursuant to this section, as well as issues identified, policy changes proposed, justifications for such proposed policy changes, and recommendations for legislative changes.", "id": "HD53B40596C7143338801FCED505C683A", "header": "Recommendations on the use of other transaction authority" }, { "text": "825. Reporting requirement for certain defense acquisition activities \n(a) Procedures for identifying certain acquisition agreements and activities \nThe Secretary of Defense shall establish procedures to identify organizations performing on individual projects under the following types of awards: (1) Other transaction agreements pursuant to the authorities under section 2371 and 2371b of title 10, United States Code. (2) Individual task orders awarded under a task order contract (as defined in section 2304d of title 10, United States Code), including individual task orders issued to a federally funded research and development center. (b) For initial agreements covered under subsection (a), the procedures required under subsection (a) shall include, but not be limited to— (1) the participants to the transaction (other than the Federal Government); (2) each business selected to perform work under the transaction by a participant to the transaction that is a consortium of private entities; (3) the date on which each participant entered into the transaction; (4) the amount of the transaction; and (5) other related matters the Secretary deems appropriate. (c) For follow-on contracts, agreements, or transactions covered under subsection (a), the procedures required under subsection (a) shall include, but not be limited to— (1) identification of the initial covered contract or transaction and each subsequent follow-on contract or transaction; (2) the awardee; (3) the amount; (4) the date awarded; and (5) other related matters the Secretary deems appropriate. (d) The Administrator of the General Services Administration shall update the Federal Procurement Data System (FPDS) within 180 days to collect the data required under this section. (e) Reporting \nNot later than one year after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of agreements and activities described in subsection (a) and associated funding. (f) Publication of information \nNot later than one year after the date of enactment of this Act, the Secretary of Defense shall establish procedures to collect information on individual agreements and activities described in this section and associated funding in an online, public, searchable database, unless the Secretary deems such disclosure inappropriate for individual agreements based on national security concerns.", "id": "H1211BC0295854CDD8334246BF4728658", "header": "Reporting requirement for certain defense acquisition activities" }, { "text": "831. Technology protection features activities \n(a) In general \nSection 2357 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by inserting (1) before Any ; (B) by adding at the end the following new paragraph: (2) The Secretary may deem the portion of the costs of the contractor described in paragraph (1) with respect to a designated system as allowable independent research and development costs under the regulations issued under section 2372 of this title if— (A) the designated system receives Milestone B approval; and (B) the Secretary determines that doing so would further the purposes of this section. ; and (2) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following new paragraphs: (2) The term independent research and development costs has the meaning given the term in section 31.205-18 of title 48, Code of Federal Regulations. (3) The term Milestone B approval has the meaning given the term in section 2366(e)(7) of this title.. (b) Conforming regulations \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with section 2357 of title 10, United States Code, as amended by subsection (a).", "id": "H6BF15D96A7664BF0B046B24F46913B12", "header": "Technology protection features activities" }, { "text": "832. Modification of enhanced transfer of technology developed at Department of Defense laboratories \nSection 801(e) of the National Defense Authorization Act for Fiscal Year 2014 ( 10 U.S.C. 2514 note) is amended— (1) by redesignating subsection (e) as subsection (f); (2) by striking subsection (d) and inserting the following new subsections: (d) Data collection \nThe Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under this section for the purposes of— (1) developing and sharing best practices; and (2) providing information to the Secretary of Defense and Congress on the use of authority under this section and related policy issues. (e) Report \nThe Secretary of Defense shall submit a report to the congressional defense committees on the activities carried out under this section not later than December 31, 2025. ; and (3) in subsection (f) (as so redesignated), by striking December 31, 2021 and inserting December 31, 2026.", "id": "H333F6486D50C4673B21A3797CC67D59F", "header": "Modification of enhanced transfer of technology developed at Department of Defense laboratories" }, { "text": "833. Pilot program on acquisition practices for emerging technologies \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment or the Under Secretary's designee, shall establish a pilot program (in this section referred to as the Pilot Program ) to develop and implement unique acquisition mechanisms for emerging technologies in order to increase the speed of transition of emerging technologies into acquisition programs or into operational use. (b) Elements \nIn carrying out the Pilot Program, the Under Secretary of Defense for Acquisition and Sustainment shall— (1) identify, and award agreements to, not less than four new projects supporting high-priority defense modernization activities, consistent with the National Defense Strategy, with consideration given to— (A) offensive missile capabilities; (B) space-based assets; (C) personnel and quality of life improvement; (D) energy generation and storage; and (E) any other area activities the Under Secretary determines appropriate; (2) develop a unique acquisition plan for each project identified pursuant to paragraph (1) that is significantly novel from standard Department of Defense acquisition practices, including the use of— (A) alternative price evaluation models; (B) alternative independent cost estimation methodologies; (C) alternative market research methods; (D) continuous assessment of performance metrics to measure project value for use in program management and oversight; (E) alternative intellectual property strategies, including activities to support modular open system approaches (as defined in section 2446a(b) of title 10, United States Code) and reduce life-cycle and sustainment costs; and (F) other alternative practices identified by the Under Secretary; (3) execute the acquisition plans described in paragraph (2) and award agreements in an expedited manner; and (4) determine if existing authorities are sufficient to carry out the activities described in this subsection and, if not, submit to the congressional defense committees recommendations for statutory reforms that will provide sufficient authority. (c) Regulation waiver \nThe Under Secretary of Defense for Acquisition and Sustainment shall establish mechanisms for the Under Secretary to waive, upon request, regulations, directives, or policies of the Department of Defense, a military service, or a Defense Agency with respect to a project awarded an agreement under the Pilot Program if the Under Secretary determines that such a waiver furthers the purposes of the Pilot Program, unless such waiver would be prohibited by a provision of a Federal statute or common law. (d) Agreement termination \n(1) In general \nThe Secretary of Defense may establish procedures to terminate agreements awarded under the Pilot Program. (2) Notification required \nAny procedure established under paragraph (1) shall require that, not later than 30 days prior to the termination of any agreement under such procedure, notice of such termination shall be provided to the congressional defense committees. (e) Pilot program advisory group \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment shall establish a Pilot Program advisory group to advise the Under Secretary on— (A) the selection, management and elements of projects under the Pilot Program; (B) the collection of data regarding the use of the Pilot Program; and (C) the termination of agreements under the Pilot Program. (2) Membership \n(A) In general \nThe members of the advisory group established under paragraph (1) shall be appointed as follows: (i) One member from each military department (as defined under section 101(a) of title 10, United States Code), appointed by the Secretary of the military department concerned. (ii) One member appointed by the Under Secretary of Defense for Research and Engineering. (iii) One member appointed by the Under Secretary of Defense for Acquisition and Sustainment. (iv) One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense. (v) One member appointed by the Director of the Defense Advanced Research Projects Agency. (vi) One member appointed by the Director of Cost Assessment and Program Evaluation. (vii) One member appointed by the Director of Operational Test and Evaluation. (B) Deadline for appointment \nMembers of the advisory group shall be appointed not later than 30 days after the date of the establishment of the pilot program under subsection (a). (3) FACA non-applicability \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group established under paragraph (1). (f) Information to Congress \n(1) Briefing requirement \nNot later than 180 days after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on activities performed under this section. (2) Budget justification materials \nThe Secretary shall establish procedures to clearly identify all projects under the Pilot Program in budget justification materials submitted to Congress. (g) Data requirements \n(1) Collection and analysis of data \nThe Secretary shall establish mechanisms to collect and analyze data on the execution of the Pilot Program for the purpose of— (A) developing and sharing best practices for achieving goals established for the Pilot Program; (B) providing information to the Secretary and the congressional defense committees on the execution of the Pilot Program; and (C) providing information to the Secretary and the congressional defense committees on related policy issues. (2) Data strategy required \nThe Secretary may not establish the Pilot Program prior to completion of a plan for— (A) meeting the requirements of this subsection; (B) collecting the data required to carry out an evaluation of the lessons learned from the Pilot Program; and (C) conducting such evaluation. (h) Termination \nThe Pilot Program shall terminate on the earlier of— (1) the date on which each project identified under subsection (b)(1) has either been completed or has had all agreements awarded to such project under the Pilot Program terminated; or (2) the date that is five years after the date of the enactment of this Act.", "id": "H0643E45D0FA548EAB3C8630DB128809C", "header": "Pilot program on acquisition practices for emerging technologies" }, { "text": "834. Pilot program to accelerate the procurement and fielding of innovative technologies \n(a) Pilot program \nSubject to availability of appropriations, the Secretary of Defense shall establish a competitive, merit-based pilot program to accelerate the procurement and fielding of innovative technologies by, with respect to such technologies— (1) reducing acquisition or life-cycle costs; (2) addressing technical risks; (3) improving the timeliness and thoroughness of test and evaluation outcomes; and (4) rapidly implementing such technologies to directly support defense missions. (b) Guidelines \nNot later than one year after the date of the enactment of this Act, the Secretary shall issue guidelines for the operation of the pilot program established under this section. At a minimum such guidelines shall provide for the following: (1) The issuance of one or more solicitations for proposals by the Department of Defense in support of the pilot program, with a priority established for technologies developed by small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )) or nontraditional defense contractors (as defined under section 2302 of title 10, United States Code). (2) A process for— (A) the review of proposals received in response to a solicitation issued under paragraph (1) by the Secretary of Defense and by each Secretary of a military department; (B) the merit-based selection of the most promising cost-effective proposals; and (C) the procurement of goods or services offered by such a proposal through contracts, cooperative agreements, other transaction authority, or by another appropriate process. (c) Maximum amount \nThe total amount of funding provided for any proposal selected for an award under the pilot program established under this section shall not exceed $50,000,000, unless the Secretary (or designee of the Secretary) approves a greater amount of funding. (d) Data collection \n(1) Plan required before implementation \nThe Secretary of Defense may not provide funding under this section until the date on which the Secretary— (A) completes a plan for carrying out the data collection required under paragraph (2); and (B) submits the plan to the congressional defense committees. (2) Data collection required \nThe Secretary of Defense shall collect and analyze data on the pilot program established under this section for the purposes of— (A) developing and sharing best practices for achieving the objectives of the pilot program; (B) providing information on the implementation of the pilot program and related policy issues; and (C) reporting to the congressional defense committees as required under subsection (e). (e) Biannual reports \nNot later than March 1 and September 1 of each year beginning after the date of the enactment of this Act until the termination of the pilot program established under this section, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program. (f) Termination \nThe authority to carry out a pilot program under this section shall terminate on September 30, 2027.", "id": "H06016F3963444817AE72EE3E358303A8", "header": "Pilot program to accelerate the procurement and fielding of innovative technologies" }, { "text": "835. Independent study on technical debt in software-intensive systems \n(a) Study required \nNot later than May 1, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to study technical debt in software-intensive systems, as determined by the Under Secretary of Defense for Acquisition and Sustainment. (b) Study elements \nThe study required under subsection (a) shall include analyses and recommendations, including actionable and specific guidance and any recommendations for statutory or regulatory modifications, on the following: (1) Qualitative and quantitative measures which can be used to identify a desired future state for software-intensive systems. (2) Qualitative and quantitative measures that can be used to assess technical debt. (3) Policies for data access to identify and assess technical debt and best practices for software-intensive systems to make such data appropriately available for use. (4) Forms of technical debt which are suitable for objective or subjective analysis. (5) Current practices of Department of Defense software-intensive systems to track and use data related to technical debt. (6) Appropriate individuals or organizations that should be responsible for the identification and assessment of technical debt, including the organization responsible for independent assessments. (7) Scenarios, frequency, or program phases during which technical debt should be assessed. (8) Best practices to identify, assess, and monitor the accumulating costs technical debt. (9) Criteria to support decisions by appropriate officials on whether to incur, carry, or reduce technical debt. (10) Practices for the Department of Defense to incrementally adopt to initiate practices for managing or reducing technical debt. (c) Access to data and records \nThe Secretary of Defense shall ensure that the federally funded research and development center selected under subsection (a) has sufficient resources and access to technical data, individuals, organizations, and records necessary to complete the study required under this section. (d) Report required \nNot later than 18 months after entering the agreement described in subsection (a), the Secretary shall submit to the congressional defense committees a report on the study required under subsection (b), along with any additional information and views as desired in publicly releasable and unclassified forms. The Secretary may also include a classified annex to the study as necessary. (e) Briefings required \n(1) Initial briefing \nNot later than March 1, 2022, the Secretary of Defense shall provide a briefing to the congressional defense committees on activities undertaken and planned to conduct the study required by subsection (a), including any barriers to conducting such activities and the resources to be provided to conduct such activities. (2) Interim briefing required \nNot later than 12 months after entering into the agreement under subsection (a), the Secretary of Defense shall provide a briefing to the congressional defense committees on interim analyses and recommendations described in subsection (b) including those that could require modifications to guidance, regulations, or statute. (3) Final briefing required \nNot later than 60 days after the date on which the report required by subsection (d) is submitted, the Secretary of Defense shall brief the congressional defense committees on a plan and schedule for implementing the recommendations provided in the report. (f) Technical debt defined \nIn this section, the term technical debt means an element of design or implementation that is expedient in the short term, but that would result in a technical context that can make a future change costlier or impossible.", "id": "H5BE2CB9B19FA4365A5D2D50654DE32F6", "header": "Independent study on technical debt in software-intensive systems" }, { "text": "836. Cadre of software development and acquisition experts \n(a) In general \nNot later than January 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in software development, acquisition, and sustainment to improve the effectiveness of software development, acquisition, and sustainment programs or activities of the Department of Defense. (b) Structure \nThe Under Secretary of Defense for Acquisition and Sustainment— (1) shall ensure the cadre has the appropriate number of members; (2) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and (3) shall determine the appropriate officials to whom members of the cadre shall report. (c) Assignment \nThe Under Secretary of Defense for Acquisition and Sustainment shall establish processes to assign members of the cadre to provide— (1) expertise on matters relating to software development, acquisition, and sustainment; and (2) support for appropriate programs or activities of the Department of Defense. (d) Administration \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment, in coordination with the President of the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing personnel and acquisition authorities to establish the cadre, as appropriate, including— (A) section 9903 of title 5, United States Code; (B) authorities relating to services contracting; (C) the Intergovernmental Personnel Act of 1970 ( 42 U.S.C. 4701 et seq. ); and (D) authorities relating to exchange programs with industry. (2) Assignments \nCivilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre. (3) Preference \nIn establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense. (e) Support of members of the Armed Forces \nThe Under Secretary of Defense for Acquisition and Sustainment shall continue to support efforts of the Secretaries concerned to place members of the Armed Forces in software development, acquisition, and sustainment positions and develop software competence in members of the Armed Forces, including those members with significant technical skill sets and experience but who lack formal education, training, or a technology-focused military occupation specialty. (f) Funding \nThe Under Secretary of Defense for Acquisition and Sustainment is authorized to use amounts in the Defense Acquisition Workforce Development Account (established under section 1705 of title 10, United States Code) for the purpose of recruitment, training, and retention of members of the cadre, including by using such amounts to pay salaries of newly hired members of the cadre for up to three years. (g) Compliance \nIn carrying out this section, the Under Secretary of Defense for Acquisition and Sustainment shall ensure compliance with applicable total force management policies, requirements, and restrictions provided in sections 129a, 2329, and 2461 of title 10, United States Code.", "id": "H66461FD2A1CE4B88A7FE9ACF9E858B2A", "header": "Cadre of software development and acquisition experts" }, { "text": "841. Modernization of acquisition processes to ensure integrity of industrial base \nSection 2509 of title 10, United States Code is amended— (1) in subsection (a)— (A) by striking existing ; and (B) by striking across the acquisition process and all that follows through in the Department ; (2) by striking subsections (f) and (g); (3) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (4) by inserting after subsection (a) the following new subsection: (b) Objective \nThe objective of subsection (a) shall be to employ digital tools, technologies, and approaches to ensure the accessibility of relevant defense industrial base data to key decision-makers in the Department. ; (5) in subsection (c), as so redesignated— (A) in paragraph (1), by adding in implementing subsections (a) and (b) before the period at the end; and (B) in paragraph (2)— (i) in subparagraph (A)(viii), by inserting by the Secretary of Defense before the period at the end; and (ii) in subparagraph (B)— (I) in the text preceding clause (i), by striking constitute and inserting constitutes or may constitute ; and (II) in clause (vii), by inserting by the Secretary of Defense before the period at the end; (6) in subsection (d)(11), as so redesignated, by adding as deemed appropriate by the Secretary before the period at the end; and (7) in subsection (e), as so redesignated— (A) in paragraph (1)— (i) in subparagraph (A), by striking timely ; and (ii) in subparagraph (B)— (I) by striking clause (ii) and inserting the following new clause: (ii) A description of modern data infrastructure, tools, and applications and an assessment of the extent to which new capabilities would improve the effectiveness and efficiency of mitigating the risks described in subsection (c)(2). ; and (II) in clause (iii), by inserting , including the following after provides data ; and (B) by striking paragraph (2) and inserting the following new paragraph: (2) (A) Based on the findings pursuant to paragraph (1), the Secretary of Defense shall develop a unified set of activities to modernize the systems of record, data sources and collection methods, and data exposure mechanisms. The unified set of activities should include— (i) the ability to continuously collect data on, assess, and mitigate risks; (ii) data analytics and business intelligence tools and methods; and (iii) continuous development and continuous delivery of secure software to implement the activities. (B) In connection with the assessments described in this section, the Secretary shall develop capabilities to map supply chains and to assess risks to the supply chain for major end items by business sector, vendor, program, part, and other metrics as determined by the Secretary..", "id": "H381AFC2876E14BF387A8133451B346CE", "header": "Modernization of acquisition processes to ensure integrity of industrial base" }, { "text": "842. Modification to analyses of certain activities for action to address sourcing and industrial capacity \nSection 849 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking Not later than January 15, 2022, and inserting With respect to items listed in paragraphs (1) through (13) of subsection (c), not later than January 15, 2022, and with respect to items listed in paragraphs (14) through (19) of such subsection, not later than January 15, 2023, ; and (B) in paragraph (2)— (i) by striking The Secretary of Defense and inserting With respect to items listed in paragraphs (1) through (13) of subsection (c), during the 2022 calendar year, and with respect to items listed in paragraphs (14) through (19) of such subsection, during the 2023 calendar year ; and (ii) by striking submitted during the 2022 calendar year ; and (2) in subsection (c), by adding at the end the following new paragraphs: (14) Beef products. (15) Molybdenum and molybdenum alloys. (16) Optical transmission equipment, including optical fiber and cable equipment. (17) Armor on tactical ground vehicles. (18) Graphite processing. (19) Advanced AC–DC power converters..", "id": "HF42CDD25B745443A827B268EEBCEC94B", "header": "Modification to analyses of certain activities for action to address sourcing and industrial capacity" }, { "text": "843. Assuring integrity of overseas fuel supplies \n(a) In general \nBefore awarding a contract to an offeror for the supply of fuel for any overseas contingency operation, the Secretary of Defense shall— (1) ensure, to the maximum extent practicable, that no otherwise responsible offeror is disqualified for such award on the basis of an unsupported denial of access to a facility or equipment by the host nation government; and (2) require assurances that the offeror will comply with the requirements of subsections (b) and (c). (b) Requirement \nAn offeror for the supply of fuel for any overseas contingency operation shall— (1) certify that the provided fuel, in whole or in part, or derivatives of such fuel, is not sourced from a nation or region prohibited from selling petroleum to the United States; and (2) furnish such records as are necessary to verify compliance with such anticorruption statutes and regulations as the Secretary determines necessary, including— (A) the Foreign Corrupt Practices Act ( 15 U.S.C. 78dd–1 et seq. ); (B) the regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the International Traffic in Arms Regulations ); (C) the regulations contained in parts 730 through 774 of title 15, Code of Federal Regulations, or successor regulations (commonly known as the Export Administration Regulations ); and (D) such regulations as may be promulgated by the Office of Foreign Assets Control of the Department of the Treasury. (c) Applicability \nSubsections (a) and (b) of this section shall apply with respect to contracts entered into on or after the date of the enactment of this Act. (d) Consideration of tradeoff processes \nIf the Secretary of Defense awards a contract for fuel procurement for an overseas contingency operation, the contracting officer for such contract shall consider tradeoff processes (as described in subpart 15 of the Federal Acquisition Regulation, or any successor regulation), including consideration of past performance evaluation, cost, anticorruption training, and compliance. With respect to any such contract awarded for which the contracting officer does not consider tradeoff processes, the contracting officer shall, before issuing a solicitation for such contract, submit to the Secretary a written justification for not considering tradeoff processes in awarding such contract.", "id": "H526A79DB2F564221AA32B82D47848AAB", "header": "Assuring integrity of overseas fuel supplies" }, { "text": "844. Assessment of requirements for certain items to address supply chain vulnerabilities \n(a) Definitions \nIn this section, the term dual-use has the meaning given in section 2500 of title 10, United States Code. (b) Assessment \nThe Secretary of Defense shall assess the requirements of the Department of Defense for dual-use items covered by section 2533a of title 10, United States Code. (c) Policies \nThe Secretary of Defense shall develop or revise and implement relevant policies to track and reduce fluctuations in supply chain forecasting and encourage predictable demand requirements for annual procurements of such dual-use items by the Office the Secretary of Defense, each military department, and the Defense Logistics Agency. (d) Report and briefings \n(1) Assessment report \n(A) In general \nNot later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the assessment conducted under subsection (b). (B) Form \nThe report required by subparagraph (A) shall be submitted in an unclassified form, but may include a classified annex to the extent required to protect the national security of the United States. (2) Quarterly briefings \n(A) In general \nNot later than March 1, 2023, and quarterly thereafter until March 1, 2026, each Secretary of a military department and the Director of the Defense Logistics Agency shall brief the Under Secretary of Defense for Acquisition and Sustainment on the fluctuations in supply chain forecasting and demand requirements for each dual-use item covered by section 2533a of title 10, United States Code. (B) Documentation \nEach briefing under subparagraph (A) shall be accompanied by documentation regarding the particular points of discussion for that briefing, including the fluctuations described in such subparagraph, expressed as a percentage.", "id": "H3E4F6631D4DF4035A673BD34CD6E2F13", "header": "Assessment of requirements for certain items to address supply chain vulnerabilities" }, { "text": "845. Department of Defense research and development priorities \nThe Secretary of Defense shall cooperate with the Secretary of Energy to ensure that the priorities of the Department of Defense with respect to the research and development of alternative technologies to, and methods for the extraction, processing, and recycling of, critical minerals (as defined in section 2(b) of the National Materials and Minerals Policy, Research, and Development Act of 1980 ( 30 U.S.C. 1601(b) )) are considered and included where feasible in the associated research and development activities funded by the Secretary of Energy pursuant to the program established under paragraph (g) of section 7002 of division Z of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ).", "id": "HA9EC62A4376148C9BE9A6023A124DA60", "header": "Department of Defense research and development priorities" }, { "text": "846. Report on the Manufacturing Engineering Education Program \n(a) Report required \nNot later than March 1, 2023, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a report on the Manufacturing Engineering Education Program established under section 2196 of title 10, United States Code (referred to in this section as the Program ). (b) Elements \nThe report required under subsection (a) shall include the following elements for the Program: (1) A summary of activities conducted, and grants or awards made, during the previous fiscal year. (2) The extent to which the Program can be modified to improve collaboration among institutions of higher education, career and technical education programs, workforce development boards, labor organizations, and organizations representing defense industrial base contractors to focus on career pathways for individuals seeking careers in manufacturing. (3) An assessment of the benefits and costs of enhancing or expanding the Program to include individuals attending secondary schools and career and technical education programs not considered institutions of higher education. (4) Recommendations for legislative changes or other incentives that could improve career pathways for individuals seeking careers in manufacturing, particularly in support of the defense industrial base. (5) Other related matters the Secretary deems appropriate. (c) Definitions \nIn this section: (1) The term career and technical education has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) The term defense industrial base contractor means a prime contractor or subcontractor (at any tier) in the defense industrial base. (3) The term institution of higher education has the meaning given such term in section 1001 of title 20, United States Code. (4) The term labor organization has the meaning given such term in section 2 of the National Labor Relations Act (29 14 U.S.C. 152 ). (5) The term workforce development board means a State board or a local board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ).", "id": "H83C13F05E53C44269F05FEA34782909C", "header": "Report on the Manufacturing Engineering Education Program" }, { "text": "847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries \n(a) Plan \nThe Secretary of Defense, in consultation with the Secretary of State, shall develop and implement a plan to— (1) reduce the reliance of the United States on services, supplies, or materials obtained from sources located in geographic areas controlled by covered countries; and (2) mitigate the risks to national security and the defense supply chain arising from the reliance of the United States on such sources for services, supplies, or materials to meet critical defense requirements. (b) Report \nNot later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the plan required under subsection (a). (c) Covered country defined \nIn this section, the term covered country means North Korea, China, Russia, and Iran.", "id": "H0552D5C93BD145AAA4EAF5336E56E041", "header": "Plan and report on reduction of reliance on services, supplies, or materials from covered countries" }, { "text": "848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region \n(a) Prohibition on the availability of funds for certain procurements from XUAR \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a poverty alleviation or pairing assistance program. (b) Rulemaking \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to require a certification from offerors for contracts with the Department of Defense stating the offeror has made a good faith effort to determine that forced labor from XUAR, as described in subsection (a), was not or will not be used in the performance of such contract. (c) Definitions \nIn this section: (1) The term forced labor means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily. (2) The term person means— (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or (B) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A). (3) The term XUAR means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China.", "id": "H10CB544F310B4F1B97BD23330D5172DB", "header": "Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region" }, { "text": "851. Modifications to printed circuit board acquisition restrictions \n(a) In general \nSection 2533d of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking January 1, 2023 and inserting the date determined under paragraph (3) ; and (B) by adding at the end the following new paragraph: (3) Paragraph (1) shall take effect on January 1, 2027. ; (2) in subsection (c)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting specified type of after means any ; (ii) in subparagraph (A), by striking (as such terms are defined under sections 103 and 103a of title 41, respectively) ; and (iii) by amending subparagraph (B) to read as follows: (B) is a component of— (i) a defense security system; or (ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired. ; and (B) by adding at the end the following new paragraphs: (4) Commercial product; commercial service; commercially available off-the shelf item \nThe terms commercial product , commercial service , and commercially available off-the-shelf item have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively. (5) Defense security system \n(A) The term defense security system means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which— (i) involves command and control of an armed force; (ii) involves equipment that is an integral part of a weapon or weapon system; or (iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions. (B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). (6) Specified type \nThe term specified type means a printed circuit board that is— (A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and (B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2). ; and (3) by amending subsection (d) to read as follows: (d) Rulemaking \n(1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if— (A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems; including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2302 note); and (B) either— (i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or (ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense. (2) The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a specified type if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section. (3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items.. (b) Modification of independent assessment of printed circuit boards \nSection 841(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1)— (A) by striking the date of enactment of this Act and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; (B) by striking shall seek to enter and inserting shall enter ; (C) by striking to include printed circuit boards in commercial products or services, or in and inserting to include printed circuit boards in other commercial or ; and (D) by striking the scope of mission critical and all that follows through the period at the end and inserting types of systems, other than defense security systems (as defined in section 2533d(c) of title 10, United States Code), that should be subject to the prohibition in section 2533d(a) of title 10, United States Code. ; (2) in the heading for paragraph (2), by striking department of defense and inserting Department of Defense ; (3) in paragraph (2), by striking one year after entering into the contract described in paragraph (1) and inserting January 1, 2023 ; (4) in the heading for paragraph (3), by striking congress and inserting Congress ; and (5) in paragraph (3), by inserting after the recommendations of the report. the following: The Secretary shall use the report to determine whether any systems, other than defense security systems (as defined in section 2533d(c) of title 10, United States Code), or other types of printed circuit boards should be subject to the prohibition in section 2533d(a) of title 10, United States Code..", "id": "HFF5CBD2C348149E4846BEA82639ED4BE", "header": "Modifications to printed circuit board acquisition restrictions" }, { "text": "852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries \nSection 851 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1510; 10 U.S.C. 2283 note) is amended to read as follows: 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries \n(a) Establishment \nThe Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces. (b) Funds \n(1) In general \nThe funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act ( 15 U.S.C. 638(f) ). (2) Limitations \n(A) Fiscal year \nA covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to such section 9(f) for a fiscal year. (B) Aggregate amount \nThe aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000. (c) Partnership intermediaries \n(1) Authorization \nThe Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns. (2) Limitation \nNone of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program. (3) Data \nWith respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the— (A) staffing structure; (B) funding sources; and (C) methods for identifying and evaluating small business concerns eligible for a covered award. (d) Report \n(1) Annual report \nNot later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including— (A) a description of each agreement with a partnership intermediary entered into pursuant to this section; (B) for each covered award made under this section— (i) a description of the role served by the partnership intermediary; (ii) the amount of funds obligated; (iii) an identification of the small business concern that received such covered award; (iv) a description of the use of such covered award; (v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and (vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and (C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces. (2) Final report \nThe final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding— (A) whether and for how long the pilot program established under this section should be extended; and (B) whether to increase funding for the pilot program, including a justification for such an increase. (e) Termination \nThe authority to carry out a pilot program under this section shall terminate on September 30, 2025. (f) Definitions \nIn this section: (1) The term covered award means an award made under the Small Business Innovation Research Program. (2) The term covered entity means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; (E) the Space Force; and (F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program. (3) The term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3715(c) ). (4) The term small business concern has the meaning given the term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (5) The term Small Business Innovation Research Program has the meaning given the term in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (6) The term technology-enhanced capability means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission..", "id": "H5567CC66B2DD4F16806B2A8F06A413B4", "header": "Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries" }, { "text": "851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries \n(a) Establishment \nThe Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces. (b) Funds \n(1) In general \nThe funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act ( 15 U.S.C. 638(f) ). (2) Limitations \n(A) Fiscal year \nA covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to such section 9(f) for a fiscal year. (B) Aggregate amount \nThe aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000. (c) Partnership intermediaries \n(1) Authorization \nThe Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns. (2) Limitation \nNone of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program. (3) Data \nWith respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the— (A) staffing structure; (B) funding sources; and (C) methods for identifying and evaluating small business concerns eligible for a covered award. (d) Report \n(1) Annual report \nNot later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including— (A) a description of each agreement with a partnership intermediary entered into pursuant to this section; (B) for each covered award made under this section— (i) a description of the role served by the partnership intermediary; (ii) the amount of funds obligated; (iii) an identification of the small business concern that received such covered award; (iv) a description of the use of such covered award; (v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and (vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and (C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces. (2) Final report \nThe final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding— (A) whether and for how long the pilot program established under this section should be extended; and (B) whether to increase funding for the pilot program, including a justification for such an increase. (e) Termination \nThe authority to carry out a pilot program under this section shall terminate on September 30, 2025. (f) Definitions \nIn this section: (1) The term covered award means an award made under the Small Business Innovation Research Program. (2) The term covered entity means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; (E) the Space Force; and (F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program. (3) The term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3715(c) ). (4) The term small business concern has the meaning given the term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (5) The term Small Business Innovation Research Program has the meaning given the term in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (6) The term technology-enhanced capability means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.", "id": "H283DDBB8176647E28083885F2C46E578", "header": "Pilot program for development of technology-enhanced capabilities with partnership intermediaries" }, { "text": "853. Additional testing of commercial e-commerce portal models \nSection 846(c) of the National Defense Authorization Act for Fiscal Year 2018 ( 41 U.S.C. 1901 note) is amended by adding at the end the following new paragraphs: (5) Additional testing \nNot later than 180 days after the date of the enactment of this paragraph, the Administrator shall— (A) begin testing commercial e-commerce portal models (other than any such model selected for the initial proof of concept) identified pursuant to paragraph (2); and (B) submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes— (i) a summary of the assessments conducted under paragraph (2) with respect to a commercial e-commerce portal model identified pursuant to such paragraph; (ii) a list of the types of commercial products that could be procured using models tested pursuant to subparagraph (A); (iii) an estimate of the amount that could be spent by the head of a department or agency under the program, disaggregated by type of commercial e-commerce portal model; and (iv) an update on the models tested pursuant to subparagraph (A) and a timeline for completion of such testing. (6) Report \nUpon completion of testing conducted under paragraph (5) and before taking any action with respect to the commercial e-commerce portal models tested, the Administrator of General Services shall submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of such testing that includes— (A) an assessment and comparison of commercial e-commerce portal models with respect to— (i) price and quality of the commercial products supplied by each commercial e-commerce portal model; (ii) supplier reliability and service; (iii) safeguards for the security of Government information and third-party supplier proprietary information; (iv) protections against counterfeit commercial products; (v) supply chain risks, particularly with respect to complex commercial products; and (vi) overall adherence to Federal procurement rules and policies; and (B) an analysis of the costs and benefits of the convenience to the Federal Government of procuring commercial products from each such commercial e-commerce portal model..", "id": "HA5DD3B0037AA4EF0B2604510498D25E6", "header": "Additional testing of commercial e-commerce portal models" }, { "text": "854. Requirement for industry days and requests for information to be open to allied defense contractors \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, each service acquisition executive shall implement a requirement that industry days and requests for information regarding acquisition programs and research and development efforts of the Department of Defense shall, to the maximum extent practicable, be open to defense contractors of the national technology and industrial base, including when such contractors are acting as subcontractors in partnership with a United States contractor, provided such access is granted only if the Secretary of Defense or the relevant Secretary concerned determines that there is reciprocal access for United States companies to equivalent information related to contracting opportunities in the associated country that is part of the national technology and industrial base. (b) Definitions \nIn this section: (1) National technology and industrial base \nThe term national technology and industrial base has the meaning given the term in section 2500 of title 10, United States Code. (2) Secretary concerned; service acquisition executive \nThe terms Secretary concerned and service acquisition executive have the meanings given such terms in section 101(a) of title 10, United States Code.", "id": "H05265E23B29D4D0999DF08D9B02036AE", "header": "Requirement for industry days and requests for information to be open to allied defense contractors" }, { "text": "855. Employment transparency regarding individuals who perform work in the People’s Republic of China \n(a) Disclosure requirements \n(1) Initial disclosures \nThe Secretary of Defense shall require each covered entity to disclose to the Secretary of Defense if the entity employs one or more individuals who will perform work in the People’s Republic of China on a covered contract when the entity submits a bid or proposal for such covered contract, except that such disclosure shall not be required to the extent that the Secretary determines that such disclosure would not be in the interest of national security. (2) Recurring disclosures \nFor each of fiscal years 2023 and 2024, the Secretary of Defense shall require each covered entity that is a party to one or more covered contracts in the fiscal year to disclose to the Secretary if the entity employs one or more individuals who perform work in the People’s Republic of China on any such contract. (3) Matters to be included \nIf a covered entity required to make a disclosure under paragraph (1) or (2) employs any individual who will perform work in the People’s Republic of China on a covered contract, such disclosure shall include— (A) the total number of such individuals who will perform work in the People’s Republic of China on the covered contracts funded by the Department of Defense; and (B) a description of the physical presence in the People’s Republic of China where work on the covered contract will be performed. (b) Funding for covered entities \nThe Secretary of Defense may not award a covered contract to, or renew a covered contract with, a covered entity unless such covered entity has submitted each disclosure such covered entity is required to submit under subsection (a). (c) Semi-annual briefing \nBeginning on January 1, 2023, the Secretary of Defense shall provide to the congressional defense committees semi-annual briefings that summarize the disclosures received by the Department over the previous 180 days pursuant to this section, and such briefings may be classified. (d) Definitions \nIn this section: (1) Covered contract \nThe term covered contract means any Department of Defense contract or subcontract with a value in excess of $5,000,000, excluding contracts for commercial products or services. (2) Covered entity \nThe term covered entity means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity, including any subsidiary thereof, performing work on a covered contract in the People’s Republic of China, including by leasing or owning real property used in the performance of the covered contract in the People’s Republic of China. (e) Effective date \nThis section shall take effect on July 1, 2022.", "id": "H5AD64D0F1FA04505AFCB2AD45B0C38E9", "header": "Employment transparency regarding individuals who perform work in the People’s Republic of China" }, { "text": "856. Briefing on compliance with contractor lobbying restrictions \n(a) Briefing required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees with a briefing on the progress of the Department in ensuring compliance with the requirements of section 1045 of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 971 note prec; Public Law 115–91 ; 131 Stat. 155). (b) Elements \nThe briefing required in paragraph (a) shall include— (1) the number, title, and status of any open Defense Federal Acquisition Regulation Supplement case relating to such section; (2) the timeline for closing any such Defense Federal Acquisition Regulation Supplement case; and (3) other related matters the Secretary deems appropriate.", "id": "HF72A93F9A94A466285A41D985179BDC6", "header": "Briefing on compliance with contractor lobbying restrictions" }, { "text": "857. Congressional oversight of personnel and contracts of private security contractors \n(a) Report on actions taken to implement Government Accountability Office recommendations \nNot later than October 1, 2022, the Secretary of Defense, in consultation with each Secretary of a military department (as defined in section 101 of title 10, United States Code), shall submit to the congressional defense committees a report on the efforts and plans of the Department of Defense to implement the recommendations contained in the report of the Government Accountability Office titled Private Security Contractors: DOD Needs to Better Identify and Monitor Personnel and Contracts (GAO–21–255), dated July 29, 2021. (b) Contents \nThe report required by subsection (a) shall include— (1) a summary of the actions planned or taken by the Secretary of Defense to implement the recommendations in the report of the Government Accountability Office described in such subsection; and (2) a schedule for completing the implementation of each such recommendation, including specific milestones for such implementation. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.", "id": "H319E52AB303446ACA71E14EEEFF919A7", "header": "Congressional oversight of personnel and contracts of private security contractors" }, { "text": "861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold \n(a) In general \nSection 1908(b)(2) of title 41, United States Code, is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.. (b) Technical amendment \nSection 1908(d) of such title is amended by striking the period at the end.", "id": "H9F0E6A1FA4AB40A7A9F8542A9A365404", "header": "Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold" }, { "text": "862. Modification to the pilot program for streamlining awards for innovative technology projects \n(a) Extension \nSubsection (f) of section 873 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2306a note) is amended by striking October 1, 2022 and inserting October 1, 2024. (b) Data collection \nThe Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under such section 873 for the purposes of— (1) developing and sharing best practices; and (2) providing information to the Secretary of Defense and Congress on the use of authority under such section 873 and related policy issues. (c) Recommendation on extension \nNot later than April 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a recommendation regarding a further extension of the pilot program for streamlining awards for innovative technology projects established under such section 873, and if applicable, the duration of any such extension.", "id": "H302800708798441DA3C4BAD6F8181807", "header": "Modification to the pilot program for streamlining awards for innovative technology projects" }, { "text": "863. Protests and appeals relating to eligibility of business concerns \nSection 5(i) of the Small Business Act ( 15 U.S.C. 634(i) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: (4) Determinations regarding status of concerns \n(A) In general \nNot later than 2 days after the date on which a final determination that a business concern does not meet the requirements of the status such concern claims to hold is made, such concern or the Administrator, as applicable, shall update the status of such concern in the System for Award Management (or any successor system). (B) Administrator updates \nIf such concern fails to update the status of such concern as described in subparagraph (A), not later than 2 days after such failure the Administrator shall make such update. (C) Notification \nA concern required to make an update described under subparagraph (A) shall notify a contracting officer for each contract with respect to which such concern has an offer or bid pending of the determination made under subparagraph (A), if the concern finds, in good faith, that such determination affects the eligibility of the concern to perform such a contract..", "id": "H45E1E0661AA748BA8605DD0B51F46856", "header": "Protests and appeals relating to eligibility of business concerns" }, { "text": "864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns \nNot later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue a rule authorizing the Office of Hearings and Appeals of the Administration to decide all appeals from formal protest determinations in connection with the status of a concern as a qualified HUBZone small business concern (as such term is defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ).", "id": "H92442255ED2E4F94A3C7C3620ADA8476", "header": "Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns" }, { "text": "865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program \n(a) In general \nNot later than 10 days after the date on which the budget of the President for fiscal years 2022 through 2032 is submitted to Congress pursuant to section 1105 of title 31, United States Code, each Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on unfunded priorities of the Department of Defense related to high-priority Small Business Innovation Research and Small Business Technology Transfer projects. (b) Elements \n(1) In general \nEach report under subsection (a) shall include identification of not more than five unfunded priority projects and the following information for each such unfunded priority project: (A) A summary description of the unfunded priority project, including the objectives to be achieved if such project were to be funded (either in whole or in part). (B) The additional amount of funds recommended to achieve the objectives identified under subparagraph (A). (C) Account information with respect to such unfunded priority project, including, as applicable, the following: (i) Line item number, in the case of applicable procurement accounts. (ii) Program element number, in the case of applicable research, development, test, and evaluation accounts. (iii) Subactivity group, in the case of applicable operation and maintenance accounts. (2) Priority \nEach Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall ensure that the unfunded priorities covered by a report submitted under subsection (a) are listed in the order of urgency of priority. (c) Definitions \nIn this section: (1) Unfunded priority \nThe term unfunded priority , with respect to a fiscal year, means a specific project related to a project successfully funded under Phase II of the Small Business Innovation Research or Small Business Technology Transfer program that— (A) is not funded in the budget of the President for that fiscal year, as submitted to Congress pursuant to section 1105 of title 31, United States Code; (B) has the potential to— (i) advance the national security capabilities of the United States; (ii) provide new technologies or processes, or new applications of existing technologies or processes, that will enable new alternatives to existing programs; and (iii) provide future cost savings; and (C) would have been recommended for funding through the budget referred to in subparagraph (A) if— (i) additional resources had been available to fund the program, activity, or mission requirement to which the specific project relates; or (ii) the program, activity, or mission requirement for such specific project had emerged before the budget was formulated. (2) Phase II; Small Business Innovation Research; Small Business Technology Transfer \nThe terms Phase II , Small Business Innovation Research , and Small Business Technology Transfer have the meanings given such terms, respectively, in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ).", "id": "H5A4AA2A5D3EA401F85F0E8E2EAE0A95D", "header": "Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program" }, { "text": "866. Report on Cybersecurity Maturity Model Certification effects on small business \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report on the effects of the Cybersecurity Maturity Model Certification framework of the Department of Defense on small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ), including— (1) the estimated costs of complying with each level of the framework based on verified representative samples of actual costs of compliance small business concerns and an explanation of how these costs will be recoverable by such small business concerns; (2) the estimated change in the number of small business concerns that are part of the defense industrial base resulting from the implementation and use of the framework; (3) explanations of how the Department of Defense will— (A) mitigate negative effects to such small business concerns resulting from the implementation and use of the framework; (B) ensure small business concerns are trained on the requirements for passing a third-party assessment, self-assessment, or Government-assessment, as applicable, for compliance with the relevant level of the framework; and (C) work with small business concerns and nontraditional defense contractors (as defined under section 2302 of title 10, United States Code) to enable such concerns and contractors to bid on and win contracts with the Department without first having to risk funds on costly security certifications; and (4) the plan of the Department for conducting oversight of third parties conducting assessments of compliance with the applicable protocols under the framework.", "id": "H9B7B170FBE2B4F298497B105776C8C89", "header": "Report on Cybersecurity Maturity Model Certification effects on small business" }, { "text": "867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards \n(a) Definitions \nIn this section, the terms Phase I , Phase II , Phase III , SBIR , and STTR have the meanings given those terms in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (b) Data on Phase III awards \nEach Secretary of a military department (as defined in section 101 of title 10, United States Code) shall collect and submit to the President for inclusion in each budget submitted to Congress under section 1105 of title 31, United States Code, data on the Phase III awards under the SBIR and STTR programs of the military department of the Secretary for the immediately preceding fiscal year, including— (1) the cumulative funding amount for Phase III awards; (2) the number of Phase III award topics; (3) the total funding obligated for Phase III awards by State; (4) the original Phase I or Phase II award topics and the associated Phase III contracts awarded; (5) where possible, an identification of the specific program executive office involved in each Phase III transition; and (6) a list of the five highest performing projects, as determined by the Secretary.", "id": "H16101B2CCB0E4CF4B70BC71DD7012CD5", "header": "Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards" }, { "text": "871. Mission management pilot program \n(a) In general \nSubject to the availability of appropriations, the Secretary of Defense shall establish a pilot program to identify lessons learned and improved mission outcomes achieved by quickly delivering solutions that fulfill critical operational needs arising from cross-service missions undertaken by combatant commands through the use of a coordinated and iterative approach to develop, evaluate, and transition such solutions. (b) Missions selection \n(1) In general \nExcept as provided in paragraph (3), the Deputy Secretary of Defense shall select missions with respect to which to carry out the pilot program. (2) Selection criteria \nWhen selecting missions under paragraph (1), the Deputy Secretary of Defense shall— (A) select missions with critical cross-service operational needs; and (B) consider— (i) the strategic importance of the critical cross-service operational needs to the operational plans of the relevant combatant commands; and (ii) the advice of key stakeholders, including the Joint Staff, regarding mission selection. (3) Initial mission \n(A) In general \nNot later than four months after the date of the enactment of this section, the Director of the Strategic Capabilities Office shall select the initial mission under the pilot program that has critical cross-service operational needs and which is of strategic importance to the operational plans of the United States Indo-Pacific Command. (B) Responsibility \nThe mission selected under subparagraph (A) shall be established within the Strategic Capabilities Office of the Department of Defense, in coordination with the Office of the Under Secretary of Defense for Research and Engineering. (C) Mission selection approval \nThe mission selected by the Director of the Strategic Capabilities Office under subparagraph (A) shall be subject to the approval of the Technology Cross-Functional Team of the Strategic Capabilities Office that is chaired by the Under Secretary of Defense for Research and Engineering. (c) Mission managers \n(1) In general \nA mission manager shall carry out the pilot program with respect to each mission. (2) Responsibilities \nWith respect to each mission, the relevant mission manager shall— (A) identify critical cross-service, cross-program, and cross-domain operational needs by enumerating the options available to the combatant command responsible for carrying out such mission and determining the resiliency of such options to threats from adversaries; (B) in coordination with the military services and appropriate Defense Agencies and Field Activities, develop and deliver solutions, including software and information technology solutions and other functionalities unaligned with any one weapon system of a covered Armed Service, to— (i) fulfill critical cross-service, cross-program, and cross-domain operational needs; and (ii) address future changes to existing critical cross-service, cross-program, and cross-domain operational needs by providing additional capabilities; (C) work with the combatant command responsible for such mission and the related planning organizers, program managers of a covered Armed Force, and defense research and development activities to carry out iterative testing and support to initial operational fielding of the solutions described in subparagraph (B); (D) conduct research, development, test, evaluation, and transition support activities with respect to the delivery of the solutions described in subparagraph (B); (E) seek to integrate existing, emerging, and new capabilities available to the Department of Defense in the development of the solutions described in subparagraph (B), including by incenting and working with program managers of a covered Armed Force; and (F) provide to the Deputy Secretary of Defense mission management activity updates and reporting on the use of funds under the pilot program with respect to such mission. (3) Appointment \nEach mission selected under subsection (b) shall have a mission manager— (A) appointed at the time of mission approval; and (B) who may be from any suitable organization, except that the mission manager with respect the initial mission under (b)(3) shall be the Director of the Strategic Capabilities Office. (4) Iterative approach \nThe mission manager shall, to the extent practicable, carry out the pilot program with respect to each mission selected under subsection (b) by integrating existing, emerging, and new military capabilities, and managing a portfolio of small, iterative development and support to initial operational fielding efforts. (5) Other program management responsibilities \nThe activities undertaken by the mission manager with respect to a mission, including mission management, do not supersede or replace the program management responsibilities of any other individual that are related to such missions. (d) Data collection requirement \nThe Deputy Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of— (1) developing and sharing best practices for applying emerging technology and supporting new operational concepts to improve outcomes on key military missions and operational challenges; and (2) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues. (e) Assessments \nDuring the five-year period beginning on the date of the enactment of this Act, the Deputy Secretary of Defense shall regularly assess— (1) the authorities required by the mission managers to effectively and efficiently carry out the pilot program with respect to the missions selected under subsection (b); and (2) whether the mission managers have access to sufficient funding to carry out the research, development, test, evaluation, and support to initial operational fielding activities required to deliver solutions fulfilling the critical cross-service, cross-program, and cross-domain operational needs of the missions. (f) Briefings \n(1) Semiannual briefing \n(A) In general \nNot later than July 1, 2022, and every six months thereafter until the date that is five years after the date of the enactment of this Act, the mission manager shall provide to the congressional defense committees a briefing on the progress of the pilot program with respect to each mission selected under subsection (b), the anticipated mission outcomes, and the funds used to carry out the pilot program with respect to such mission. (B) Initial briefing \nThe Deputy Secretary of Defense shall include in the first briefing submitted under subparagraph (A) a briefing on the implementation of the pilot program, including— (i) the actions taken to implement the pilot program; (ii) an assessment of the pilot program; (iii) requests for Congress to provide authorities required to successfully carry out the pilot program; and (iv) a description of the data plan required under subsection (d). (2) Annual briefing \nNot later than one year after the date on which the pilot program is established, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a briefing on the pilot program, including— (A) the data collected and analysis performed under subsection (d); (B) lessons learned; (C) the priorities for future activities of the pilot program; and (D) such other information as the Deputy Secretary determines appropriate. (3) Recommendation \nNot later than two years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to Congress a briefing on the recommendations of the Deputy Secretary with respect to the pilot program and shall concurrently submit to Congress— (A) a written assessment of the pilot program; (B) a written recommendation on continuing or expanding the mission integration pilot program; (C) requests for Congress to provide authorities required to successfully carry out the pilot program; and (D) the data collected and analysis performed under subsection (d). (g) Transition \nBeginning in fiscal year 2025, the Deputy Secretary of Defense may transition responsibilities for research, development, test, evaluation, and support to initial operational fielding activities started under the pilot program to other elements of the Department for purposes of delivering solutions fulfilling critical cross-service, cross-program, and cross-domain operational needs. (h) Termination date \nThe pilot program shall terminate on the date that is five years after the date of the enactment of this Act. (i) Rule of construction \nNothing in this section shall be construed as providing any authority not otherwise provided by law to procure, or enter agreements to procure, any goods, materials, or services. (j) Definitions \nIn this section: (1) Covered armed force \nThe term covered Armed Force means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; or (E) the Space Force. (2) Cross-functional teams of the strategic capabilities office \nThe term Cross-Functional Teams of the Strategic Capabilities Office means the teams established in the Strategic Capabilities Office of the Department of Defense pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1277; 10 U.S.C. 132 note). (3) Cross-service \nThe term cross-service means pertaining to multiple covered Armed Forces. (4) Cross-domain \nThe term cross-domain means pertaining to multiple operational domains of land, maritime, air, space, and cyberspace. (4) Cross-service operational need \nThe term cross-service operational need means an operational need arising from a mission undertaken by a combatant command which involves multiple covered Armed Forces. (5) Defense agency; military department \nThe terms Defense Agency and military department have the meanings given such terms in section 101(a) of title 10, United States Code. (6) Field activity \nThe term Field Activity has the meaning given the term Department of Defense Field Activity in section 101(a) of title 10, United States Code. (7) Mission management \nThe term mission management means the integration of materiel, digital, and operational elements to improve defensive and offensive options and outcomes for a specific mission or operational challenge. (8) Pilot program \nThe term pilot program means the pilot program established under subsection (a).", "id": "H0582E226DF294D3EAE062D0825978B6F", "header": "Mission management pilot program" }, { "text": "872. Establishment of mission-oriented pilot programs to close significant capabilities gaps \n(a) In general \nThe Secretary of Defense shall establish, within the Strategic Capabilities Office of the Office of the Secretary of Defense, not fewer than two mission-oriented integration pilot programs with the objective of closing significant capabilities gaps by developing and implementing capabilities and by synchronizing and integrating missions across covered Armed Forces and Defense Agencies. (b) Elements \nThe pilot programs established under subsection (a) shall— (1) seek to address specific outstanding operational challenges of high importance to the operational plans of the United States Indo-Pacific Command and the United States European Command; (2) be designed to leverage industry cost sharing by using sources such as private equity and venture capital funding to develop technologies and overall capabilities that resolve significant capability gaps for delivery to the Department of Defense, as a product or as a service; (3) not later than three years after the date on which the pilot program commences, demonstrate the efficacy of the solutions being developed under the pilot program; (4) deliver an operational capability not later than five years after the pilot program commences; (5) provide an operationally relevant solution for— (A) (i) maintaining resilient aircraft operations in and around Guam in the face of evolving regional threats, including large salvo supersonic and hypersonic missile threats; or (ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command or the United States European Command; and (B) (i) providing a resilient logistic and resupply capability in the face of evolving regional threats, including operations within an anti-access-area denial environment; or (ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command; and (6) incorporate— (A) existing and planned Department of Defense systems and capabilities to achieve mission objectives; and (B) to the extent practicable, technologies that have military applications and the potential for nonmilitary applications. (c) Role of strategic capabilities office \n(1) In general \nWith respect to the pilot programs established under subsection (a), the Director of the Strategic Capabilities Office, in consultation with the Under Secretary of Defense for Research and Engineering, shall— (A) assign mission managers or program managers— (i) to coordinate and collaborate with entities awarded contracts or agreements under the pilot program, parties to cost sharing agreements for such awarded contracts or agreements, combatant commands, and military departments to define mission requirements and solutions; and (ii) to coordinate and monitor pilot program implementation; (B) provide technical assistance for pilot program activities, including developing and implementing metrics, which shall be used— (i) to assess each operational challenge such pilot programs are addressing; and (ii) to characterize the resilience of solutions being developed under the pilot programs to known threats and single points of failure; (C) provide operational use case expertise to the entities awarded contracts or agreements under the pilot program and parties to cost sharing agreements for such awarded contracts or agreements; (D) serve as the liaison between the Armed Forces, the combatant commanders, and the participants in the pilot programs; and (E) use flexible acquisition practices and authorities, including— (i) the authorities under section 2371 and 2371b of title 10, United States Code; (ii) payments for demonstrated progress; (iii) authorities under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ); and (iv) other acquisition practices that support efficient and effective access to emerging technologies and capabilities, including technologies and capabilities from companies funded with private investment. (2) Reports to congress \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of the Strategic Capabilities Office shall submit to the congressional defense committees a report on the pilot programs. (d) Additional authorities \nThe Secretary of Defense shall assess authorities required for such mission managers and program managers to effectively and efficiently fulfill their responsibilities under the pilot programs, including the delegation of personnel hiring and contracting authorities. (e) Data \nThe Secretary of Defense shall establish mechanisms to collect and analyze data on the implementation of the pilot programs for the purposes of— (1) developing and sharing best practices for achieving goals established for the pilot programs; and (2) providing information to the Secretary and the congressional defense committees on— (A) the implementation of the pilot programs; and (B) related policy issues. (f) Recommendations \nNot later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a recommendation with respect to continuing or expanding the pilot program. (g) Transition of pilot program responsibilities \nBeginning in fiscal year 2025, the Secretary may transition the responsibility for the pilot programs to another organization. (h) Definitions \nIn this section: (1) Covered Armed Force \nThe term covered Armed Force means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; or (E) the Space Force. (2) Defense Agency \nThe term Defense Agency has the meaning given such term in section 101(a) of title 10, United States Code. (3) Mission manager \nThe term mission manager means an individual that, with respect to a mission under a pilot program established under subsection (a), shall have the responsibilities described in subparagraphs (B) through (F) of section 871(c)(2) of this Act.", "id": "HBE634D037A7D4B918EA56DEC15BD5F4F", "header": "Establishment of mission-oriented pilot programs to close significant capabilities gaps" }, { "text": "873. Independent study on acquisition practices and policies \n(a) Study required \nNot later than March 30, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center under which such center shall conduct a study on the acquisition practices and policies described in subsection (b). (b) Study elements \nThe study required under subsection (a) shall identify the knowledge and tools needed for the acquisition workforce of the Department of Defense to— (1) engage in acquisition planning practices that assess the cost, resource, and energy preservation differences resulting from selecting environmentally preferable goods or services when identifying requirements or drafting statements of work; (2) engage in acquisition planning practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including— (A) technical specifications that establish performance levels for goods and services to diminish greenhouse gas emissions; (B) statements of work or specifications restricted to environmentally preferable goods or services where the quality, availability, and price is comparable to traditional goods or services; (C) engaging in public-private partnerships to design, build, and fund resilient, low-carbon infrastructure; (D) collaborating with local jurisdictions surrounding military installations, with a focus on reducing environmental costs; and (E) technical specifications that consider risk to supply chains from extreme weather and changes in environmental conditions; (3) employ source selection practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including— (A) considering resilience, low-carbon, or low-toxicity criteria as competition factors on the basis of which the award is made in addition to cost, past performance, and quality factors; (B) using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency; (C) evaluating the veracity of certifications and labels purporting to convey information about the environmental impact of a good or service; and (D) considering the costs of a good or service that will be incurred throughout its lifetime, including operating costs, maintenance, end of life costs, and residual value, including costs resulting from the carbon dioxide and other greenhouse gas emissions associated with the good or service; and (4) consider external effects, including economic, environmental, and social, arising over the entire life cycle of an acquisition when making acquisition planning and source selection decisions. (c) Submission to Department of Defense \nNot later than one year after the date of the enactment of this Act, the federally funded research and development center that conducts the study under subsection (a) shall submit to the Secretary of Defense a report on the results of the study in an unclassified form but may include a classified annex. (d) Submission to Congress \nNot later than 30 days after the date on which the Secretary of Defense receives the report under subsection (c), the Secretary shall submit to the congressional defense committees an unaltered copy along with any comments the Secretary may have with respect to the report. (e) Definitions \nIn this section: (1) The term environmentally preferable , with respect to a good or service, means that the good or service has a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose or achieve the same or substantially similar result. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the good or service. (2) The term resource-efficient goods and services means goods and services— (A) that use fewer resources than competing goods and services to serve the same purposes or achieve the same or substantially similar result as such competing goods and services; and (B) for which the negative environmental impacts across the full life cycle of such goods and services are minimized.", "id": "H91673E329F594F68B3015E75C0CB3C26", "header": "Independent study on acquisition practices and policies" }, { "text": "874. Pilot program to incentivize contracting with employee-owned businesses \n(a) Qualified business wholly-owned through an Employee Stock Ownership Plan defined \nThe term qualified businesses wholly-owned through an Employee Stock Ownership Plan means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of such Code). (b) Pilot program to Use Noncompetitive Procedures for certain follow-on contracts to Qualified Businesses Wholly-Owned Through an Employee Stock Ownership Plan \n(1) Establishment \nThe Secretary of Defense may establish a pilot program to carry out the requirements of this section. (2) Follow-on contracts \nNotwithstanding the requirements of section 2304 of title 10, United States Code, and with respect to a follow-on contract for the continued development, production, or provision of products or services that are the same as or substantially similar to the products or services procured by the Department of Defense under a prior contract held by a qualified business wholly-owned through an Employee Stock Ownership Plan, the products or services to be procured under the follow-on contract may be procured by the Department of Defense through procedures other than competitive procedures if the performance of the qualified business wholly-owned through an Employee Stock Ownership Plan on the prior contract was rated as satisfactory (or the equivalent) or better in the applicable past performance database. (3) Limitation \nA qualified business wholly-owned through an Employee Stock Ownership Plan may have a single opportunity for award of a sole-source follow-on contract under this section, unless a senior contracting official (as defined in section 1737 of title 10, United States Code) approves a waiver of the requirements of this section. (c) Verification and reporting of qualified businesses wholly-owned through an employee stock ownership plan \nUnder a pilot program established under this section, the Secretary of Defense shall establish procedures— (1) for businesses to verify status as a qualified businesses wholly-owned through an Employee Stock Ownership Plan for the purposes of this section by using existing Federal reporting mechanisms; (2) for a qualified businesses wholly-owned through an Employee Stock Ownership Plan to certify that not more than 50 percent of the amount paid under the contract will be expended on subcontracts, subject to such necessary and reasonable waivers as the Secretary may prescribe; and (3) to record information on each follow-on contract awarded under subsection (b), including details relevant to the nature of such contract and the qualified business wholly-owned through an Employee Stock Ownership Plan that received such contract, and to provide such information to the Comptroller General of the United States. (d) Data \n(1) In general \nIf the Secretary of Defense establishes a pilot program under this section, the Secretary shall establish mechanisms to collect and analyze data on the pilot program for the purposes of— (A) developing and sharing best practices relating to the pilot program; (B) providing information to leadership and the congressional defense committees on the pilot program, including with respect to each qualified business wholly-owned through an Employee Stock Ownership Plan that received a follow-on contract under this section— (i) the size of such business; (ii) performance of the follow-on contract; and (iii) other information as determined necessary; and (C) providing information to leadership and the congressional defense committees on policy issues related to the pilot program. (2) Limitation \nThe Secretary of Defense may not carry out the pilot program under this section before— (A) completing a data collection and reporting strategy and plan to meet the requirements of this subsection; and (B) submitting the strategy and plan to the congressional defense committees. (e) Sunset \nAny pilot program established under this section shall expire on the date that is five years after the date of the enactment of this Act. (f) Comptroller General report \n(1) In general \nNot later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on any individual and aggregate uses of the authority under a pilot program established under this section. (2) Elements \nThe report under paragraph (1) shall include the following elements: (A) An assessment of the frequency and nature of the use of the authority under the pilot program. (B) An assessment of the impact of the pilot program in supporting the national defense strategy required under section 113(g) of title 10, United States Code. (C) The number of businesses that became qualified businesses wholly-owned through an Employee Stock Ownership Plan in order to benefit from the pilot program and the factors that influenced that decision. (D) Acquisition authorities that could incentivize businesses to become qualified businesses wholly-owned through an Employee Stock Ownership Plan, including an extension of the pilot program. (E) Any related matters the Comptroller General considers appropriate.", "id": "HF2EBEC82512344CE89BB2ED6C647B156", "header": "Pilot program to incentivize contracting with employee-owned businesses" }, { "text": "875. Guidance, training, and report on place of performance contract requirements \n(a) Guidance and training \nNot later than July 1, 2022, the Secretary of Defense shall— (1) issue guidance on covered contracts to ensure that, to the maximum extent practicable, the terms of such covered contract avoid specifying an unnecessarily restrictive place of performance for such covered contract; and (2) implement any necessary training for appropriate individuals relating to the guidance required under paragraph (1). (b) Report \n(1) In general \nNot later than July 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on covered contracts. (2) Elements \nThe report required under paragraph (1) shall include the following elements: (A) A description of the criteria that is considered when the Secretary specifies a particular place of performance in a covered contract. (B) The number of covered contracts awarded during each of fiscal years 2016 through 2020. (C) An assessment of the extent to which revisions to guidance or regulations related to the use of covered contracts could improve the effectiveness and efficiency of the Department of Defense, including a description of such revisions. (c) Covered contract defined \nIn this section, the term covered contract means a contract for which the Secretary of Defense specifies the place of performance for such contract.", "id": "H6B0BC74A59D44A4FB040F62A7D57FCBA", "header": "Guidance, training, and report on place of performance contract requirements" }, { "text": "876. Notification of certain intergovernmental support agreements \n(a) Notification required \nDuring fiscal years 2022 and 2023, not less than 60 days before entering into an intergovernmental support agreement under section 2679 of title 10, United States Code, that is an exception to the requirements of chapter 85 of title 41, United States Code, the Secretary concerned shall submit, in writing, to the congressional defense committees a report including the following relating to such agreement: (1) The circumstances that resulted in the need to enter into an intergovernmental support agreement that included such exception. (2) The anticipated benefits of entering into such agreement that included such exception. (3) The anticipated impact on persons covered under such chapter 85 because of such exception. (4) The extent to which such agreement complies with applicable policies, directives, or other guidance of the Department of Defense. (b) Recommendations \n(1) In general \nThe Secretary of Defense shall submit to the congressional defense committees, along with the budget request materials for fiscal year 2023, specific recommendations for modifications to the legislative text of subsection (a)(1) of section 2679 of title 10, United States Code, along with a rationale for any such modifications, to identify specific provisions of Federal contracting law appropriate for waiver or exemption to ensure effective use of intergovernmental support agreements under such section. (2) Budget request materials defined \nIn this subsection, the term budget request materials means the materials submitted to Congress by the President under section 1105(a) of title 31, United States Code. (c) Briefing required \nNot later than 6 months after the date of enactment of this Act the Secretary of Defense shall provide to the congressional defense committees a briefing on activities taken to carry out the requirements of this section. (d) Policy required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to clarify the use of the authority under section 2679 of title 10, United States Code, including with respect to— (1) the application of other requirements of acquisition law and policy; and (2) chapter 85 of title 41, United States Code. (e) Secretary concerned defined \nIn this section, the term Secretary concerned means— (1) the Secretary of the Army, with respect to matters concerning the Army; (2) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and (3) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force.", "id": "H17347FE69BF34089A00099A971C6A0F8", "header": "Notification of certain intergovernmental support agreements" }, { "text": "877. Report on requests for equitable adjustment in Department of the Navy \n(a) Report required \nNot later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report describing in detail the processing of requests for equitable adjustment by the Department of the Navy between October 1, 2011, and the date of the enactment of this Act, including progress by components within the Department of the Navy in complying with the covered directive. (b) Contents \nThe report required under subsection (a) shall include, at a minimum, the following: (1) The number of requests for equitable adjustment submitted between October 1, 2011, and the date of the enactment of this Act. (2) The components within the Department of the Navy to which each such request was submitted. (3) The number of requests for equitable adjustment outstanding as of the date of the enactment of this Act. (4) The number of requests for equitable adjustment settled but not paid as of the date of the enactment of this Act, including a description of why each such request has not been paid. (5) A detailed explanation of the efforts by the Secretary of the Navy to ensure compliance of components within the Department of the Navy with the covered directive. (c) Covered directive defined \nIn this section, the term covered directive means the directive of the Assistant Secretary of the Navy for Research, Development, and Acquisition, dated March 20, 2020, and titled (Intent and Direction) Withholds and Retentions During COVID-19 requiring— (1) payment to contractors of all settled requests for equitable adjustment; and (2) the expeditious resolution of all outstanding requests for equitable adjustment.", "id": "HAC74CE3313914FCBAE7E3DD89B52E540", "header": "Report on requests for equitable adjustment in Department of the Navy" }, { "text": "878. Military standards for armor materials in vehicle specifications \n(a) In general \nNot later than June 30, 2022, the Secretary of the Army shall establish technical specification standards for all metal and non-metal armor for incorporation into specifications for current and future armored vehicles developed or procured by the Department of the Army. (b) Report required \n(1) In general \nOn the date on which the standards described in subsection (a) are established under such subsection, the Secretary of the Army shall submit to the congressional defense committees a report describing— (A) the establishment of such standards; and (B) the strategy for incorporating such standards as requirements for armored vehicles developed and procured by the Department of the Army. (2) Form \nThe report required by paragraph (1) shall be in an unclassified form, but may include a classified annex. (c) Armored vehicle defined \nFor purposes of this section, the term armored vehicle means a tracked or wheeled tactical vehicle incorporating armor in its manufacture.", "id": "H06BB05986CC74D12AF0E4CBADDD5953A", "header": "Military standards for armor materials in vehicle specifications" }, { "text": "901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions \n(a) Secretary of Defense \nSubsection (a) of section 113 of title 10, United States Code, is amended to read as follows: (a) (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.. (b) Assistant Secretary of Defense for special operations and low intensity conflict \nSection 138(b)(2)(A) of title 10, United States Code, is amended by inserting after the third sentence the following: A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.. (c) Secretary of the Army \nSection 7013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (d) Secretary of the Navy \nSection 8013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (e) Secretary of the Air Force \nSection 9013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (f) Technical corrections relating to other positions \n(1) Under Secretary of Defense (Comptroller) \nSection 135(a)(1) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (2) Under Secretary of Defense for personnel and readiness \nSection 136(a) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (3) Under Secretary of Defense for intelligence and security \nSection 137(a) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (g) Applicability \nThe amendments made by subsections (a) through (e) shall apply with respect to appointments made on or after the date of the enactment of this Act.", "id": "H90CA031471CE4CCAA4583E239B5A53E3", "header": "Change in eligibility requirements for appointment to certain Department of Defense leadership positions" }, { "text": "902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity \n(a) Treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity \n(1) Transfer to chapter 8 \nSection 146 of title 10, United States Code, is transferred to subchapter I of chapter 8 of such title, inserted after section 197, and redesignated as section 198. (2) Treatment as Department of Defense Field Activity \nSection 198(a) of such title, as transferred and redesignated by subsection (a) of this subsection, is amended— (A) by striking in the Office of the Secretary of Defense an office to be known as the and inserting in the Department of Defense an ; and (B) by adding at the end the following: The Secretary shall designate the Office as a Department of Defense Field Activity pursuant to section 191, effective as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).. (3) Appointment of Director \nSuch section 198 is further amended— (A) in subsection (b) in the matter preceding paragraph (1), by striking Under Secretary of Defense for Acquisition and Sustainment and inserting Secretary of Defense ; and (B) in subsection (c)(4), by striking Under Secretary of Defense for Acquisition and Sustainment and inserting Secretary. (4) Clerical amendments \n(A) Chapter 4 \nThe table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 146. (B) Chapter 8 \nThe table of sections at the beginning of subtitle I of chapter 8 of such title is amended by inserting after the item relating to section 197 the following new item: 198. Office of Local Defense Community Cooperation.. (b) Limitation on involuntary separation of personnel \nNo personnel of the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)), may be involuntarily separated from service with that Office during the one-year period beginning on the date of the enactment of this Act, except for cause. (c) Administration of programs \nAny program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall be administered by the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)). (d) Conforming repeal \nSection 905 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is repealed.", "id": "H1F182F3FE8F741469C20A37329EE5CF2", "header": "Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity" }, { "text": "903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council \n(a) In general \nSection 181 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and (B) by inserting after paragraph (1) the following new paragraph: (2) increasing awareness of global trends, threats, and adversary capabilities to address gaps in joint military capabilities and validate joint requirements developed by the military departments; ; and (2) in subsection (d)(1)(D), by striking the period at the end and inserting the following: who shall serve as the Chief Technical Advisor to the Council and— (i) shall provide assistance in evaluating the technical feasibility of requirements under development; and (ii) shall identify options for expanding or generating new requirements based on opportunities provided by new or emerging technologies.. (b) Independent study \n(1) Study required \nThe Secretary of Defense shall enter into an agreement with a covered entity to conduct an independent study assessing the role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. (2) Elements \nThe study required by paragraph (1) shall include the following: (A) The current role and contribution of the Under Secretary of Defense for Research and Engineering to the Joint Requirements Oversight Council. (B) The extent to which the role of the Under Secretary on the Joint Requirements Oversight Council should be adjusted to further maximize Council outcomes as well as the additional resources, if any, such adjustments would require. (C) The extent to which the Under Secretary of Defense should provide additional views and recommendations on Joint Requirements Oversight Council preparations, deliberations, and outcomes. (D) Such other matters as the Secretary of Defense determines to be appropriate (3) Submission to Congress \nNot later than December 31, 2022, the Secretary shall submit to the congressional defense committees the results of the study required by paragraph (1). (4) Form \nThe study required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (5) Covered entity defined \nIn this subsection, the term covered entity means— (A) a federally funded research and development center; or (B) an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs. (c) Report on the role of the Under Secretary of Defense for Research and Engineering in the Joint Requirements Oversight Council \n(1) In general \nNot later than March 1, 2023, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a report on the recommendations of the Secretary of Defense on the extent to which adjustments to the role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council are warranted. The report shall include— (A) consideration of the findings of the study required by subsection (b); (B) the rationale for recommendations of the Secretary of Defense; and (C) a description of additional resources that may be required to support those recommendations. (2) Additional input \nThe report may also include input from each member or advisor of the Joint Requirements Oversight Council.", "id": "HC48C8D0079EB43AFABFE2F24B9B209A2", "header": "Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council" }, { "text": "904. Implementation of repeal of Chief Management Officer of the Department of Defense \nSection 901(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking , except that any officer or employee so designated may not be an individual who served as the Chief Management Officer before the date of the enactment of this Act.", "id": "HFFE89F4FF5B74A12AD809F7179C0FDB0", "header": "Implementation of repeal of Chief Management Officer of the Department of Defense" }, { "text": "905. Space Force organizational matters and modification of certain space-related acquisition authorities \n(a) Implementation date for Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs \n(1) Implementation date \nSection 957 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended— (A) in subsection (a), by striking Effective October 1, 2022, there shall be and inserting Effective on the date specified in subsection (d), there shall be ; (B) in subsection (b)— (i) in paragraph (1), by striking Effective as of October 1, 2022, and inserting Effective as of the date specified in subsection (d) ; and (ii) in paragraph (2), by striking as of October 1, 2022, and inserting as of the date specified in subsection (d) ; (C) in subsection (c)(3), by striking October 1, 2022 and inserting the date specified in subsection (d) ; and (D) by adding at the end the following new subsection: (d) Date specified \nThe date specified in this subsection is a date determined by the Secretary of the Air Force that is not later than October 1, 2022.. (2) Conforming amendments \n(A) Transfer of acquisition projects for space systems and programs \nSection 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended— (i) by striking Effective October 1, 2022, and inserting Effective on the date specified in section 957(d), ; and (ii) by striking as of September 30, 2022 and inserting as of the day before the date specified in section 957(d). (B) Responsibilities of Assistant Secretary of the Air Force for Space Acquisition and Integration \nSection 9016(b)(6)(B)(vi) of title 10, United States Code, is amended by striking Effective as of October 1, 2022, in accordance with section 957 of that Act, and inserting Effective as of the date specified in section 957(d) of such Act, and in accordance with such section 957,. (b) Senior procurement executive authorities \n(1) Office of the Secretary of the Air Force \nSection 9014(c) of title 10, United States Code, is amended— (A) in paragraph (2), by striking The Secretary of the Air Force shall and inserting Subject to paragraph (6), the Secretary of the Air Force shall ; and (B) by inserting after paragraph (5) the following new paragraph: (6) Notwithstanding section 1702 of title 41, the Secretary of the Air Force may assign to the Assistant Secretary of the Air Force for Space Acquisition and Integration duties and authorities of the senior procurement executive that pertain to space systems and programs.. (2) Assistant Secretaries of the Air Force \nSection 9016(b)(6)(B)(vi) of title 10, United States Code, as amended by subsection (a)(2)(B) of this section, is further amended by inserting and discharge any senior procurement executive duties and authorities assigned by the Secretary of the Air Force pursuant to section 9014(c)(6) of this title after Space Systems and Programs.", "id": "H2E6D075138C349B59DFAA376CDF3B5CA", "header": "Space Force organizational matters and modification of certain space-related acquisition authorities" }, { "text": "906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program \nSection 932(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1580 note prec.) is amended— (1) in paragraph (2)— (A) by striking and each Under Secretary of Defense and Director of a Defense Agency who reports directly to the Secretary of Defense, and inserting , each Under Secretary of Defense, and other officials, as designated by the Secretary of Defense, within the Office of the Secretary of Defense (as defined in section 131 of title 10, United States Code) who report directly to the Secretary of Defense ; and (B) by striking or Director and inserting or official within the Office of the Secretary of Defense ; (2) in paragraph (3)— (A) by striking Under Secretaries and Directors and inserting Under Secretaries of Defense and other officials within the Office of the Secretary of Defense ; and (B) by striking Under Secretary, or Director and inserting Under Secretary of Defense, or other official within the Office of the Secretary of Defense ; and (3) in paragraph (7), by striking shall be on a first-come, first-served basis and inserting may require a minimum service agreement, as determined by the Secretary.", "id": "HEE83E278FD8F4C85B28EF3E7F542177C", "header": "Assignments for participants in the John S. McCain Strategic Defense Fellows Program" }, { "text": "907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy \n(a) Requirements \nSection 1053 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 116–283 ; 10 U.S.C. 113 note) is amended by adding at the end the following new subsection: (f) Electromagnetic Spectrum Superiority Strategy \n(1) Designation \n(A) Requirement \nNot later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate. (B) Conditions relating to designation of Chief Information Officer \n(i) Certification \nThe Secretary may not designate the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A) unless the Secretary has first included in the report under paragraph (3)(A) a certification that the Chief Information Officer has the expertise, authority, funding, and personnel to ensure the successful implementation of the electromagnetic spectrum superiority strategy. (ii) CAPE assessment \nIf the Secretary designates the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A), not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees an evaluation of the ability of the Chief Information Officer to ensure the successful implementation of the electromagnetic spectrum superiority strategy, including, at a minimum, an evaluation of the expertise, authority, funding, and personnel of the Chief Information Officer. (2) Responsibilities \nThe senior official designated under paragraph (1)(A) shall be responsible for the following: (A) Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development necessary to implement the electromagnetic spectrum superiority strategy. (B) Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and electromagnetic spectrum operations capabilities is properly aligned. (C) Evaluating whether the Department is effectively incorporating electromagnetic spectrum operations capabilities and considerations into current and future operational plans and concepts. (D) Such other matters relating to electromagnetic spectrum operations as the Secretary specifies for purposes of this paragraph. (3) Reports \n(A) Implementation report \nNot later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report on the implementation of the Electromagnetic Spectrum Superiority Strategy published in October 2020, including— (i) an evaluation of the additional personnel, resources, and authorities the Secretary determines will be needed by the senior official designated under paragraph (1)(A) who is responsible for implementing the electromagnetic spectrum superiority strategy; and (ii) a description of how the Secretary will ensure that such implementation will be successful. (B) Rules of engagement report \nNot later than 270 days after the date of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report that includes the following: (i) A review of the sufficiency of the authorities and rules of engagement of the Department of Defense relating to electromagnetic spectrum operations, in particular with respect to operating below the level of armed conflict short of or in advance of kinetic activity and to protect the Department from electronic attack and disruption. (ii) Recommended changes to the authorities or rules of engagement to ensure the Department can effectively compete, deter conflict, and maintain protection from electronic attack and disruption. (iii) Any other matters the Secretary determines relevant. (4) Semiannual briefings \nOn a semiannual basis during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation of the electromagnetic spectrum superiority strategy. Each briefing shall include, at a minimum, the following: (A) An update on the efforts of the Department of Defense to— (i) achieve the strategic goals set out in the electromagnetic spectrum superiority strategy; and (ii) implement such strategy through various elements of the Department. (B) An identification of any additional authorities or resources relating to electromagnetic spectrum operations that the Secretary determines is necessary to implement the strategy. (5) Electromagnetic spectrum superiority strategy defined \nIn this subsection, the term electromagnetic spectrum superiority strategy means the Electromagnetic Spectrum Superiority Strategy of the Department of Defense published in October 2020, and any such successor strategy.. (b) Clarification of cross-functional team plans \nSubsection (d)(2) of such section is amended by striking biennially thereafter and inserting biennially thereafter during the life of the cross-functional team established pursuant to subsection (c). (c) Transfer of certain provision \nSection 152 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is— (1) amended— (A) in subsection (a), by striking two years after the date of the enactment of this Act and in accordance with the plan developed pursuant to subsection (b) and inserting January 1, 2023, and in accordance with the plan developed pursuant to paragraph (2) ; (B) by striking paragraph (1) each place it appears and inserting subparagraph (A) ; (C) by striking subsection (a) each place it appears and inserting paragraph (1) ; (D) in subsection (b)(2)(D), by striking subsections (c) and (d) and inserting paragraphs (3) and (4) ; and (E) in subsection (e), by striking this section and inserting this subsection ; (2) transferred to such section 1053, redesignated as subsection (g) (including by redesignating its subsections as paragraphs, paragraphs as subparagraphs, and clauses as subclauses, respectively, and indenting such provisions accordingly) and added so as to appear after subsection (f), as added by subsection (a) of this section.", "id": "H4602B91F4A454EDC81822EBDC95B0675", "header": "Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy" }, { "text": "908. Management innovation activities \n(a) In general \nThe Secretary of Defense shall carry out a set of activities to improve the effectiveness of management activities within the Department of Defense, with the goals of incorporating appropriate private sector management practices and technologies and enhancing the capabilities of the defense management workforce. (b) Management activities \nSubject to the total force management requirements under section 129a of title 10, United States Code, the activities carried out under subsection (a) may include the following: (1) Public-private partnerships with appropriate private sector and government organizations. (2) Personnel exchange programs with appropriate industry, academic, and government organizations to enhance the capabilities of the defense management workforce. (3) Research, development, and technology and business process prototyping activities to create new technological capabilities to support management missions, or development and testing of new management concepts and business transformation activities. (4) The designation of appropriate organizations to lead management innovation activities. (5) A process by which defense business process owners and other personnel of the Department of Defense can identify management and business process challenges and opportunities that could be addressed by activities carried out under this section. (6) Processes to develop, prototype, test, and field new business processes and practices to improve defense management capabilities. (7) Academic research and educational activities related to defense management missions to promote— (A) development of innovative management concepts; (B) analyses and addressing of appropriate management challenges; and (C) development of programs and activities to develop the defense management workforce. (8) Academic research and independent studies from federally funded research and development centers assessing lessons learned from previous Departmental management reform initiatives and whether legacy organizations exist and should be consolidated. (c) Plan required \nNot later than February 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a plan for carrying out the activities under this section. (d) Briefings \n(1) Initial briefing \nNot later than July 1, 2022, the Secretary of Defense shall provide to the congressional defense committees an initial briefing on the activities carried out and plans developed under this section. (2) Subsequent briefing \nOn a date occurring after the briefing under paragraph (1), but not later than July 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on the activities carried out and plans developed under this section.", "id": "HCFFB59A9A4D1459FA03940916325CCDD", "header": "Management innovation activities" }, { "text": "909. Digital talent recruiting officer \n(a) Digital talent recruiting for the Department of Defense \n(1) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall designate a chief digital recruiting officer within the office of the Under Secretary of Defense for Personnel and Readiness to carry out the responsibilities set forth in paragraph (2). (2) Responsibilities \nThe chief digital recruiting officer shall be responsible for— (A) identifying Department of Defense needs for, and skills gaps in, specific types of civilian digital talent; (B) recruiting individuals with the skills that meet the needs and skills gaps identified under subparagraph (A), in partnership with the military departments and other organizations and elements of the Department; (C) ensuring Federal scholarship for service programs are incorporated into civilian recruiting strategies; (D) when appropriate and within authority granted under other Federal law, offering recruitment and referral bonuses; and (E) partnering with human resource teams in the military departments and other organizations and elements of the Department to help train all Department of Defense human resources staff on the available hiring flexibilities to accelerate the hiring of individuals with the skills that fill the needs and skills gaps identified under subparagraph (A). (3) Resources \nThe Secretary of Defense shall ensure that the chief digital recruiting officer is provided with personnel and resources sufficient to carry out the duties set forth in paragraph (2). (4) Role of Chief Human Capital Officer \n(A) In general \nThe chief digital recruiting officer shall report directly to the Chief Human Capital Officer of the Department of Defense. (B) Incorporation \nThe Chief Human Capital Officer shall ensure that the chief digital recruiting officer is incorporated into the agency human capital operating plan and recruitment strategy. In carrying out this paragraph, the Chief Human Capital Officer shall ensure that the chief digital recruiting officer’s responsibilities are deconflicted with any other recruitment initiatives and programs. (b) Digital talent defined \nFor the purposes of this section, the term digital talent includes positions and capabilities in, or related to, software development, engineering, and product management; data science; artificial intelligence; distributed ledger technologies; autonomy; data management; product and user experience design; and cybersecurity. (c) Annual briefing requirement \nNot later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the chief digital recruiting officer shall provide to the congressional defense committees a briefing on— (1) the efforts of the Department of Defense to recruit digital talent to positions in the Department; and (2) a summary of any accomplishments and challenges with respect to such recruiting. (d) Sunset \nThe requirements under subsection (a) shall expire on September 30, 2025.", "id": "H63B07A93A1BC48549010CAB3ACFCEDFE", "header": "Digital talent recruiting officer" }, { "text": "910. Cross-functional team for emerging threat relating to anomalous health incidents \n(a) Establishment \nUsing the authority provided pursuant to section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note), the Secretary of Defense shall establish a cross-functional team to address national security challenges posed by anomalous health incidents (as defined by the Secretary) and ensure that individuals affected by anomalous health incidents receive timely and comprehensive health care and treatment pursuant to title 10, United States Code, for symptoms consistent with an anomalous health incident. (b) Duties \nThe duties of the cross-functional team established under subsection (a) shall be— (1) to assist the Secretary of Defense with addressing the challenges posed by anomalous health incidents and any other efforts regarding such incidents that the Secretary determines necessary; and (2) to integrate the efforts of the Department of Defense regarding anomalous health incidents with the efforts of other departments or agency of the Federal Government regarding such incidents. (c) Team leadership \nThe Secretary shall select an Under Secretary of Defense to lead the cross-functional team and a senior military officer to serve as the deputy to the Under Secretary so selected. (d) Determination of organizational roles and responsibilities \nThe Secretary, in consultation with the Director of National Intelligence and acting through the cross-functional team established under subsection (a), shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to addressing anomalous health incidents, including the roles and responsibilities of the Office of the Secretary of Defense, the intelligence components of the Department, Defense agencies, Department of Defense field activities, the military departments, combatant commands, and the Joint Staff. (e) Briefings \n(1) Initial briefing \nNot later than 45 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on— (A) the progress of the Secretary in establishing the cross-functional team; and (B) the progress the team has made in— (i) determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect the cross-functional team; and (ii) carrying out the duties under subsection (b). (2) Updates \nNot later than 90 days after the date of the enactment of this Act, and once every 60 days thereafter during the one-year period following such date of enactment, the Secretary shall provide to the appropriate congressional committees a briefing containing updates with respect to the efforts of the Department regarding anomalous health incidents. (f) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; and (2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.", "id": "H803EE6824C564BFA80925D5FE258E437", "header": "Cross-functional team for emerging threat relating to anomalous health incidents" }, { "text": "911. Alignment of Close Combat Lethality Task Force \n(a) In general \nBeginning not later than 60 days after the date of the enactment of this Act, and continuing until the date on which the Secretary of Defense submits to the congressional defense committees the report described in subsection (b), the Secretary shall reinstate— (1) the initial alignment of the Close Combat Lethality Task Force so that the Task Force reports directly to the Secretary; and (2) the designation of the Task Force as a cross-functional team under section 911 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note). (b) Report described \nThe report described in this subsection is a report on a proposed alternative alignment for the Close Combat Lethality Task Force that includes— (1) a description of— (A) how the proposed alternative alignment of the Task Force would— (i) facilitate the effective pursuit of, and support for, both materiel and non-materiel initiatives by the Task Force; (ii) maintain benefits for the Task Force similar to the benefits associated with reporting directly to the Secretary of Defense and designation as a cross-functional team; and (iii) ensure collaboration and support from the primary stakeholders in the Task Force, including the Army, the Marine Corps, and the United States Special Operations Command; and (B) how the Task Force would be funded and gain appropriate resourcing for cross-functional team initiatives supported by the Secretary; and (2) supporting analysis for the matters described in paragraph (1). (c) Exception \nSubsection (a) does not apply if the President submits to the congressional defense committees— (1) a certification that implementing that subsection would be detrimental to the defense interests of the United States; and (2) a justification for the certification.", "id": "HD19A757A24114CAE94C9992978766476", "header": "Alignment of Close Combat Lethality Task Force" }, { "text": "912. Independent review of and report on the Unified Command Plan \n(a) Review required \n(1) In general \nThe Secretary of Defense shall provide for an independent review of the current Unified Command Plan. (2) Elements \nThe review required by paragraph (1) shall include the following: (A) An assessment of the most recent Unified Command Plan with respect to— (i) current and anticipated threats; (ii) deployment and mobilization of the Armed Forces; and (iii) the most current versions of the National Defense Strategy and Joint Warfighting Concept. (B) An evaluation of the missions, responsibilities, and associated force structure of each geographic and functional combatant command. (C) An assessment of the feasibility of alternative Unified Command Plan structures. (D) Recommendations, if any, for alternative Unified Command Plan structures. (E) Recommendations, if any, on refining the manner by which combatant commanders identify priority capabilities, gaps, and operational requirements and how the Department of Defense incorporates those identified elements into planning, programming, budgeting, execution, and modernization processes. (F) Recommendations, if any, for modifications to sections 161 through 169 of title 10, United States Code. (G) Any other matter the Secretary of Defense determines appropriate. (3) Conduct of review by independent entity \n(A) In general \nThe Secretary of Defense shall— (i) seek to enter into an agreement with an entity described in subparagraph (B) to conduct the review required by paragraph (1); and (ii) ensure that the review is conducted independently of the Department of Defense. (B) Entity described \nAn entity described in this subparagraph is— (i) a federally funded research and development center; or (ii) an independent, nongovernmental institute that— (I) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (II) is exempt from tax under section 501(a) of that Code; and (III) has recognized credentials and expertise in national security and military affairs. (b) Report to Congress \n(1) In general \nNot later than October 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the results of the review conducted under subsection (a). (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "H39590D2BC87441B9A02D2FEB127422E4", "header": "Independent review of and report on the Unified Command Plan" }, { "text": "913. Study and report on the role and organization of space assets in the reserve components \n(a) Study \nThe Secretary of Defense shall conduct a study to determine the appropriate role and organization of space-related assets within the reserve components of the Armed Forces. (b) Report \nNot later than March 31, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a). (c) Elements \nThe report under subsection (b) shall include the following: (1) The determinations of the Secretary of Defense with respect to the— (A) the organization and integration of space-related units within the reserve components of the Armed Forces; (B) the staffing of such units, including the recruitment and retention of personnel for such units (including any reserve units of the Space force); (C) the missions of such units; and (D) the operational requirements applicable to such units. (2) An analysis of— (A) the costs of establishing a Space National Guard in accordance with subtitle C of title IX of H.R. 4350, One Hundred Seventeenth Congress, as passed by the House of Representatives on September 23, 2021; and (B) how a Space National Guard established in accordance with such subtitle would operate as part of the reserve components. (3) Based on the analysis under paragraph (2), the recommendations of the Secretary with respect to the potential establishment of a Space National Guard. (4) If applicable, any savings or costs that may result from the preservation of the space-related force structures of the Air National Guard, as such force structures are in effect on the date of the enactment of this Act.", "id": "H19B2C307336C4148ACE7D37EBA3B2B76", "header": "Study and report on the role and organization of space assets in the reserve components" }, { "text": "1001. General transfer authority \n(a) Authority to transfer authorizations \n(1) Authority \nUpon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2022 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation \nExcept as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000. (3) Exception for transfers between military personnel authorizations \nA transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) Limitations \nThe authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) Effect on authorization amounts \nA transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to congress \nThe Secretary shall promptly notify Congress of each transfer made under subsection (a).", "id": "HF851AFA805C641FAAEC8AE962B9136A9", "header": "General transfer authority" }, { "text": "1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund \nSection 166a(e)(1) of title 10, United States Code, is amended— (1) in subparagraph (A)— (A) by striking $20,000,000 and inserting $25,000,000 ; and (B) by striking $250,000 and inserting $300,000 ; (2) in subparagraph (B), by striking $10,000,000 and inserting $15,000,000 ; and (3) in subparagraph (C), by striking $5,000,000 and inserting $10,000,000.", "id": "H40F02958526444F4B1B9270F3D842112", "header": "Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund" }, { "text": "1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller), in consultation with the Chief Information Officer and the Chief Data Officer of the Department of Defense, shall submit to the congressional defense committees a plan to consolidate the information technology systems used to manage data and support the planning, programming, budgeting, and execution process of the Department of Defense. The plan shall include the consolidation of such systems used by each of the military departments and such systems used by the Defense Agencies, and shall address the retirement or elimination of such systems.", "id": "H344651A881794A7184E6EC577333ABCB", "header": "Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process" }, { "text": "1004. Commission on Planning, Programming, Budgeting, and Execution Reform \n(a) Establishment \n(1) In general \nThere is hereby established an independent commission in the legislative branch to be known as the Commission on Planning, Programming, Budgeting, and Execution Reform (in this section referred to as the Commission ). (2) Date of establishment \nThe Commission shall be established not later 30 days after the date of the enactment of this Act. (b) Membership \n(1) Number and appointment \nThe Commission shall be composed of 14 civilian individuals not employed by the Federal Government who are recognized experts and have relevant professional experience one or more of the following: (A) Matters relating to the planning, programming, budgeting, and execution process of the Department of Defense. (B) Innovative budgeting and resource allocation methods of the private sector. (C) Iterative design and acquisition process. (D) Budget or program execution data analysis. (2) Members \nThe members shall be appointed as follows: (A) The Secretary of Defense shall appoint two members. (B) The Majority Leader and the Minority Leader of the Senate shall each appoint one member. (C) The Speaker of the House of Representatives and the Minority Leader shall each appoint one member. (D) The Chair and the Ranking Member of the Committee on Armed Services of the Senate shall each appoint one member. (E) The Chair and the Ranking Member of the Committee on Armed Services of the House of Representatives shall each appoint one member. (F) The Chair and the Ranking Member of the Committee on Appropriations of the Senate shall each appoint one member. (G) The Chair and the Ranking Member of the Committee on Appropriations of the House of Representatives shall each appoint one member. (3) Deadline for appointment \nNot later than 30 days after the date described in subsection (a)(2), members shall be appointed to the Commission. (4) Expiration of appointment authority \nThe authority to make appointments under this subsection shall expire on the date described in subsection (a)(2), and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (c) Chair and Vice Chair \nThe Commission shall elect a Chair and Vice Chair from among its members. (d) Period of appointment and vacancies \nMembers shall be appointed for the term of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. (e) Purpose \nThe purpose of the Commission is to— (1) examine the effectiveness of the planning, programming, budgeting, and execution process and adjacent practices of the Department of Defense, particularly with respect to facilitating defense modernization; (2) consider potential alternatives to such process and practices to maximize the ability of the Department of Defense to respond in a timely manner to current and future threats; and (3) make legislative and policy recommendations to improve such process and practices in order to field the operational capabilities necessary to outpace near-peer competitors, provide data and analytical insight, and support an integrated budget that is aligned with strategic defense objectives. (f) Scope and duties \nThe Commission shall perform the following duties: (1) Compare the planning, programming, budgeting, and execution process of the Department of Defense, including the development and production of documents including the Defense Planning Guidance (described in section 113(g) of title 10, United States Code), the Program Objective Memorandum, and the Budget Estimate Submission, with similar processes of private industry, other Federal agencies, and other countries. (2) Conduct a comprehensive assessment of the efficacy and efficiency of all phases and aspects of the planning, programming, budgeting, and execution process, which shall include an assessment of— (A) the roles of Department officials and the timelines to complete each such phase or aspect; (B) the structure of the budget of Department of Defense, including the effectiveness of categorizing the budget by program, appropriations account, major force program, budget activity, and line item, and whether this structure supports modern warfighting requirements for speed, agility, iterative development, testing, and fielding; (C) a review of how the process supports joint efforts, capability and platform lifecycles, and transitioning technologies to production; (D) the timelines, mechanisms, and systems for presenting and justifying the budget of Department of Defense, monitoring program execution and Department of Defense budget execution, and developing requirements and performance metrics; (E) a review of the financial management systems of the Department of Defense, including policies, procedures, past and planned investments, and recommendations related to replacing, modifying, and improving such systems to ensure that such systems and related processes of the Department result in— (i) effective internal controls; (ii) the ability to achieve auditable financial statements; and (iii) the ability to meet other financial management and operational needs; and (F) a review of budgeting methodologies and strategies of near-peer competitors to understand if and how such competitors can address current and future threats more or less successfully than the United States. (3) Develop and propose recommendations to improve the effectiveness of the planning, programming, budgeting, and execution process. (g) Commission report and recommendations \n(1) Interim report \nNot later than February 6, 2023, the Commission shall submit to the Secretary of Defense and the congressional defense committees an interim report including the following: (A) An examination of the development of the documents described in subsection (f)(1). (B) An analysis of the timelines involved in developing an annual budget request and the future-years defense program (as described in section 221 of title 10, United States Code), including the ability to make changes to such request or such program within those timelines. (C) A review of the sufficiency of the civilian personnel workforce in the Office of the Secretary of Defense and the Office of Cost Assessment and Program Evaluation to conduct budgetary and program evaluation analysis. (D) An examination of efforts by the Department of Defense to develop new and agile programming and budgeting to enable the United States to more effectively counter near-peer competitors. (E) A review of the frequency and sufficiency of budget and program execution analysis, to include any existing data analytics tools and any suggested improvements. (F) Recommendations for internal reform to the Department relating to the planning, programming, budgeting, and execution process for the Department of Defense to make internally. (G) Recommendations for reform to the planning, programming, budgeting, and execution process that require statutory changes. (H) Any other matters the Commission considers appropriate. (2) Final report \nNot later than September 1, 2023, the Commission shall submit to the Secretary of Defense and the congressional defense committees a final report that includes the elements required under paragraph (1). (3) Briefings \nNot later than 180 days after the date specified in subsection (a)(2), and not later than 30 days after each of the interim and final reports are submitted, the Commission shall provide to the congressional defense committees a briefing on the status of the review and assessment conducted under subsection (f) and include a discussion of any interim or final recommendations. (4) Form \nThe reports submitted to Congress under paragraphs (1) and (2) shall be submitted in unclassified form but may include a classified annex. (h) Government cooperation \n(1) Cooperation \nIn carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison \nThe Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison between the Department and the Commission. (3) Detailees authorized \nThe Secretary may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. (4) Facilitation \n(A) Independent, non-government institute \nNot later than 45 days after the date specified in subsection (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs, in order to facilitate the discharge of the duties of the Commission under this section. (B) Federally funded research and development center \nOn request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center in order to enhance the discharge of the duties of the Commission under this section. (i) Staff \n(1) Status as Federal employees \nNotwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Executive Director \nThe Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay \nThe Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services \n(1) Authority to procure \nThe Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services the travel expenses of experts or consultants, including transportation and per diem in lieu of subsistence, while such experts or consultants are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates \nThe daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts \nThe Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. (l) Legislative advisory committee \nThe Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). (m) Contracting authority \nThe Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (n) Use of government information \nThe Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (o) Postal services \nThe Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (p) Space for use of commission \nNot later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (q) Removal of members \nA member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. (r) Termination \nThe Commission shall terminate 180 days after the date on which it submits the final report required by subsection (g)(2).", "id": "H545187A9AC84459FAB722850DD1BB5D2", "header": "Commission on Planning, Programming, Budgeting, and Execution Reform" }, { "text": "1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia \nSection 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 118 Stat. 2042), as most recently amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1577), is further amended— (1) in subsection (a)(1), by striking 2022 and inserting 2023 ; and (2) in subsection (c), by striking 2022 and inserting 2023.", "id": "H7169D787DEC34A02A09B4FBA3936DF60", "header": "Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia" }, { "text": "1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities \n(a) Extension \nSubsection (b) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 271 note) is amended by striking 2022 and inserting 2027. (b) Conditions \nSubsection (d) of such section is amended— (1) by striking paragraph (1); (2) by striking (2); (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and (4) in paragraph (2), as so redesignated, by striking subparagraph (A) and inserting paragraph (1).", "id": "HF10964C41F4F4E28A09B10F6801DB595", "header": "Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities" }, { "text": "1011. Modification to annual naval vessel construction plan \n(a) In general \nSection 231 of title 10, United States Code, is amended— (1) in subsection (b)(2), by adding at the end the following new subparagraphs: (G) The expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year's plan. (H) A certification by the appropriate Senior Technical Authority designated under section 8669b of this title of the expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year's plan. (I) For each battle force ship planned to be inactivated during the five-year period beginning on the date of the submittal of the report, a description of the planned disposition of each such ship following such inactivation and the potential gaps in warfighting capability that will result from such ship being removed from service. ; and (2) in subsection (f), by adding at the end the following new paragraph: (6) The term expected service life means the number of years a naval vessel is expected to be in service.. (b) Repeal of termination of annual naval vessel construction plan \nSection 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note) is amended by striking paragraph (15).", "id": "H14608D95BAE24680B2C5BDCC658FDA6F", "header": "Modification to annual naval vessel construction plan" }, { "text": "1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair \n(a) In general \nChapter 805 title 10, United States Code, is amended by adding at the end the following new section: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair \n(a) In general \nThe Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the Deputy Commander ). (b) Qualifications \nThe Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section. (c) Reporting \nThe Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. (d) General responsibilities \nThe Deputy Commander shall oversee— (1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; (2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts; (3) enforcement of requirements of such contracts to ensure satisfaction of all contractual obligations; (4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and (5) on-site quality assurance by the Government for such contracts, including inspections. (e) Non-Contract administration services functions \nThe Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by overseeing the performance of the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters: (1) Project oversight, including the following: (A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command. (B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities. (C) Communicating with customers and higher authority regarding matters that may affect project execution. (D) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. (2) Technical authority, including the following: (A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer. (B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues. (f) Comprehensive contract management \nThe Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of commercial entities awarded a contract described in subsection (d)(1) and subcontractors (at any tier). (g) Subcontractor audits \nThe Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts— (1) that are valued at $50,000,000 or more; and (2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2). (h) Annual written assessment \n(1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the activities and results associated with the contracts for which the Deputy Commander oversees the designated contract administration office of the Department. (2) Each written assessment required by paragraph (1) shall include the following: (A) A summary of shipbuilding performance that— (i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity described in subsection (d)(1); (ii) outlines corrective action requests for critical defects and any actions planned or taken to address them; (iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the commercial entity described in subsection (d)(1), to include the conditions requiring the approval of each waiver; and (iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Management Agency. (B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. (C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration responsibilities. (D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that— (i) includes key findings, recommendations, and implementation plans; and (ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 805 of such title is amended by adding at the end the following new item: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair.. (c) Effective date \nOn the date that is 30 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2023— (1) this section and the amendments made by this section shall take effect; and (2) the Secretary of the Navy shall appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair and notify the congressional defense committees of such appointment.", "id": "H3932DA63F8BC472DB5A0601A7BBA7A5C", "header": "Improving oversight of Navy contracts for shipbuilding, conversion, and repair" }, { "text": "8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair \n(a) In general \nThe Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the Deputy Commander ). (b) Qualifications \nThe Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section. (c) Reporting \nThe Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. (d) General responsibilities \nThe Deputy Commander shall oversee— (1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; (2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts; (3) enforcement of requirements of such contracts to ensure satisfaction of all contractual obligations; (4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and (5) on-site quality assurance by the Government for such contracts, including inspections. (e) Non-Contract administration services functions \nThe Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by overseeing the performance of the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters: (1) Project oversight, including the following: (A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command. (B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities. (C) Communicating with customers and higher authority regarding matters that may affect project execution. (D) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. (2) Technical authority, including the following: (A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer. (B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues. (f) Comprehensive contract management \nThe Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of commercial entities awarded a contract described in subsection (d)(1) and subcontractors (at any tier). (g) Subcontractor audits \nThe Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts— (1) that are valued at $50,000,000 or more; and (2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2). (h) Annual written assessment \n(1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the activities and results associated with the contracts for which the Deputy Commander oversees the designated contract administration office of the Department. (2) Each written assessment required by paragraph (1) shall include the following: (A) A summary of shipbuilding performance that— (i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity described in subsection (d)(1); (ii) outlines corrective action requests for critical defects and any actions planned or taken to address them; (iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the commercial entity described in subsection (d)(1), to include the conditions requiring the approval of each waiver; and (iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Management Agency. (B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. (C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration responsibilities. (D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that— (i) includes key findings, recommendations, and implementation plans; and (ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation.", "id": "H253404ECECD045EEBEFBFC91B5CF30D3", "header": "Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair " }, { "text": "1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program \n(a) In general \nChapter 863 of title 10, United States Code, is amended by inserting after section 8669b the following new section: 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program \n(a) In general \nThe Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary— (1) submits a report to the congressional defense committees on the results of any production readiness review; (2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and (3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete. (b) Report \nThe report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following: (1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. (2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. (3) The readiness of the shipyard facilities and workforce to begin construction. (4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. (5) The Navy’s estimated delivery date and description of any variance to the contract delivery date. (6) The extent to which adequate processes and metrics are in place to measure and manage program risks. (c) Definitions \nFor the purposes of subsection (a): (1) Basic and functional design \nThe term basic and functional design , when used with respect to a vessel, means design through computer aided models, that— (A) fixes the major hull structure of the vessel; (B) sets the hydrodynamics of the vessel; and (C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities. (2) First ship \nThe term first ship applies to a ship if— (A) the ship is the first ship to be constructed under that shipbuilding program; or (B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program. (3) Major shipbuilding program \nThe term major shipbuilding program means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title. (4) Production readiness review \nThe term production readiness review means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase. (5) Start of construction \nThe term start of construction means the beginning of fabrication of the hull and superstructure of the ship.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8669b the following new item: 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program.. (c) Conforming repeal \nSection 124 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 28; 10 U.S.C. 8661 note) is repealed.", "id": "H462C75B33A57422CB82E8BCBD477BEC7", "header": "Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program" }, { "text": "8669c. Assessments required prior to start of construction on first ship of a shipbuilding program \n(a) In general \nThe Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary— (1) submits a report to the congressional defense committees on the results of any production readiness review; (2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and (3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete. (b) Report \nThe report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following: (1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. (2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. (3) The readiness of the shipyard facilities and workforce to begin construction. (4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. (5) The Navy’s estimated delivery date and description of any variance to the contract delivery date. (6) The extent to which adequate processes and metrics are in place to measure and manage program risks. (c) Definitions \nFor the purposes of subsection (a): (1) Basic and functional design \nThe term basic and functional design , when used with respect to a vessel, means design through computer aided models, that— (A) fixes the major hull structure of the vessel; (B) sets the hydrodynamics of the vessel; and (C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities. (2) First ship \nThe term first ship applies to a ship if— (A) the ship is the first ship to be constructed under that shipbuilding program; or (B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program. (3) Major shipbuilding program \nThe term major shipbuilding program means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title. (4) Production readiness review \nThe term production readiness review means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase. (5) Start of construction \nThe term start of construction means the beginning of fabrication of the hull and superstructure of the ship.", "id": "HB0158861F4B94676BEE7D9744BFCF05B", "header": "Assessments required prior to start of construction on first ship of a shipbuilding program" }, { "text": "1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life \n(a) In general \nChapter 863 of title 10, United States Code, is amended by inserting after section 8678 the following new section: 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life \n(a) Limitation \nThe Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship. (b) Waiver \nThe Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if— (1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship; and (2) a period of 30 days has elapsed following the date on which such certification was submitted. (c) Certification described \nA certification described in this subsection is a certification that— (1) (A) maintaining the battle force ship in a reduced operating status is not feasible; (B) maintaining the ship with reduced capability is not feasible; (C) maintaining the ship as a Navy Reserve unit is not feasible; (D) transferring the ship to the Coast Guard is not feasible; and (E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and (2) includes an explanation of— (A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and (B) the rationale for the determination under subparagraph (E) of such paragraph. (d) Form \nA certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions \nIn this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term expected service life means the number of years a naval vessel is expected to be in service.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 863 of such title is amended by inserting after the item relating to section 8678 the following new item: 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life..", "id": "HA461A36219464621AD1AECE5E4871CB6", "header": "Limitation on decommissioning or inactivating a battle force ship before the end of expected service life" }, { "text": "8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life \n(a) Limitation \nThe Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship. (b) Waiver \nThe Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if— (1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship; and (2) a period of 30 days has elapsed following the date on which such certification was submitted. (c) Certification described \nA certification described in this subsection is a certification that— (1) (A) maintaining the battle force ship in a reduced operating status is not feasible; (B) maintaining the ship with reduced capability is not feasible; (C) maintaining the ship as a Navy Reserve unit is not feasible; (D) transferring the ship to the Coast Guard is not feasible; and (E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and (2) includes an explanation of— (A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and (B) the rationale for the determination under subparagraph (E) of such paragraph. (d) Form \nA certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions \nIn this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term expected service life means the number of years a naval vessel is expected to be in service.", "id": "H0D72E3DBBF3842B5BD0F001925D7280B", "header": "Limitation on decommissioning or inactivating a battle force ship before the end of expected service life" }, { "text": "1015. Biennial report on shipbuilder training and the defense industrial base \n(a) Technical correction \nThe second section 8692 of title 10, United States Code, as added by section 1026 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 8693 and the table of sections at the beginning of chapter 863 of such title is conformed accordingly. (b) Modification of report \nSuch section is further amended— (1) by striking Not later and inserting (a) In general.— Not later ; (2) in subsection (a), as so redesignated, by adding at the end the following new paragraph: (7) An analysis of the potential benefits of multi-year procurement contracting for the stability of the shipbuilding defense industrial base. ; and (3) by adding at the end the following new subsection: (b) Solicitation and analysis of information \nIn order to carry out subsection (a)(2), the Secretary of the Navy and Secretary of Labor shall— (1) solicit information regarding the age demographics and occupational experience level from the private shipyards of the shipbuilding defense industrial base; and (2) analyze such information for findings relevant to carrying out subsection (a)(2), including findings related to the current and projected defense shipbuilding workforce, current and projected labor needs, and the readiness of the current and projected workforce to supply the proficiencies analyzed in subsection (a)(1)..", "id": "H051E8D7304EA459C977F42FDBFB5355D", "header": "Biennial report on shipbuilder training and the defense industrial base" }, { "text": "1016. Annual report on ship maintenance \n(a) In general \nChapter 863 of title 10, United States Code, is amended by adding at the end the following new section: 8694. Annual report on ship maintenance \n(a) Report required \nNot later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following: (1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull. (2) The estimated cost of the maintenance described pursuant to paragraph (1). (3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year. (4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability. (5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including— (A) a summary of the effects on the costs and schedule for each delay or cancellation; and (B) the accrued operational and fiscal cost of all the deferments over the fiscal year. (b) Form of report \nEach report submitted under subsection (a) shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new section: 8694. Annual report on ship maintenance..", "id": "HD981F76D13F64FC58549703BD8093A2A", "header": "Annual report on ship maintenance" }, { "text": "8694. Annual report on ship maintenance \n(a) Report required \nNot later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following: (1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull. (2) The estimated cost of the maintenance described pursuant to paragraph (1). (3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year. (4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability. (5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including— (A) a summary of the effects on the costs and schedule for each delay or cancellation; and (B) the accrued operational and fiscal cost of all the deferments over the fiscal year. (b) Form of report \nEach report submitted under subsection (a) shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.", "id": "HAE4035DEA9B4480D9EA09895DBD1F5AA", "header": "Annual report on ship maintenance" }, { "text": "1017. Navy battle force ship assessment and requirement reporting \n(a) In general \nChapter 863 of title 10, United States Code, as amended by section 1023, is further amended by adding at the end the following new section: 8695. Navy battle force ship assessment and requirement reporting \n(a) In general \nNot later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement. (b) Assessment \nEach assessment required by subsection (a) shall include the following: (1) A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow. (2) An identification of the steady-state demand for maritime security and security force assistance activities. (3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders. (4) A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders. (5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense. (6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines. (c) Requirement \n(1) Each requirement required by subsection (a) shall— (A) be based on the assessment required by subsection (b); and (B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event— (i) the total number of battle force ships required; (ii) the number of battle force ships required in each of the categories described in paragraph (2); (iii) the classes of battle force ships included in each of the categories described in paragraph (2); and (iv) the number of battle force ships required in each class. (2) The categories described in this paragraph are the following: (A) Aircraft carriers. (B) Large surface combatants. (C) Small surface combatants. (D) Amphibious warfare ships. (E) Attack submarines. (F) Ballistic missile submarines. (G) Combat logistics force. (H) Expeditionary fast transport. (I) Expeditionary support base. (J) Command and support. (K) Other. (d) Definitions \nIn this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term covered event means a significant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 863 of such title is further amended by adding at the end the following new item: 8695. Navy battle force ship assessment and requirement reporting.. (c) Baseline assessment and requirement required \nThe date of the enactment of this Act is deemed to be a covered event for the purposes of establishing a baseline battle force ship assessment and requirement under section 8695 of title 10, United States Code, as added by subsection (a).", "id": "H5E987C2CF81A49449F8A59EFF647BA8C", "header": "Navy battle force ship assessment and requirement reporting" }, { "text": "8695. Navy battle force ship assessment and requirement reporting \n(a) In general \nNot later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement. (b) Assessment \nEach assessment required by subsection (a) shall include the following: (1) A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow. (2) An identification of the steady-state demand for maritime security and security force assistance activities. (3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders. (4) A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders. (5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense. (6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines. (c) Requirement \n(1) Each requirement required by subsection (a) shall— (A) be based on the assessment required by subsection (b); and (B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event— (i) the total number of battle force ships required; (ii) the number of battle force ships required in each of the categories described in paragraph (2); (iii) the classes of battle force ships included in each of the categories described in paragraph (2); and (iv) the number of battle force ships required in each class. (2) The categories described in this paragraph are the following: (A) Aircraft carriers. (B) Large surface combatants. (C) Small surface combatants. (D) Amphibious warfare ships. (E) Attack submarines. (F) Ballistic missile submarines. (G) Combat logistics force. (H) Expeditionary fast transport. (I) Expeditionary support base. (J) Command and support. (K) Other. (d) Definitions \nIn this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term covered event means a significant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements.", "id": "H34E678454BDD47F0B6C241A4ACD42DE9", "header": "Navy battle force ship assessment and requirement reporting" }, { "text": "1018. Prohibition on use of funds for retirement of Mark VI patrol boats \n(a) Prohibition \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to retire, prepare to retire, or place in storage any Mark VI patrol boat. (b) Report \nNot later than February 15, 2022, the Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall submit to the congressional defense committees a report that includes each of the following: (1) The rationale for the retirement of existing Mark VI patrol boats, including an operational analysis of the effect of such retirements on the warfighting requirements of the commanders of each of the combatant commands. (2) A review of how the Fifth Fleet requirements, which are currently being met by Mark VI patrol boats, will continue to be met without such boats, including an evaluation of the cumulative effect of eliminating Mark VI patrol boats in addition to other recent reductions in Navy riverine force structure, such as riverine command boats, in the theater. (3) An update on the implementation of the corrective actions and lessons learned from the Navy’s investigation of the January 12, 2016, incident in which 10 United States sailors were detained by Iranian forces near Farsi Island, the extent to which retiring existing Mark VI patrol boats will affect such implementation, and how such implementation will be sustained in the absence of Mark VI patrol boats. (4) A review of operating concepts for escorting high value units without Mark VI patrol boats. (5) A description of the manner and concept of operations in which the Marine Corps could use Mark VI patrol boats to support distributed maritime operations, advanced expeditionary basing operations, and persistent presence near maritime choke points and strategic littorals in the Indo-Pacific region. (6) An assessment of the potential for modification, and the associated costs, of the Mark VI patrol boat for the inclusion of loitering munitions or anti-ship cruise missiles, such as the Long Range Anti-Ship Missile and the Naval Strike Missile, particularly to support the concept of operations described in paragraph (5). (7) A description of resources required for the Marine Corps to possess, man, train, and maintain Mark VI patrol boats in the performance of the concept of operations described in paragraph (5) and modifications described in paragraph (6). (8) A determination of whether the Marine Corps should take possession of the Mark VI patrol boats effective on or before September 30, 2022. (9) Such other matters the Secretary determines appropriate.", "id": "H312B6B6CB60C4B3AB8666CBDCF2A7237", "header": "Prohibition on use of funds for retirement of Mark VI patrol boats" }, { "text": "1019. Availability of funds for retirement or inactivation of guided missile cruisers \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage more than 5 guided missile cruisers.", "id": "HF36C5023A7EB4D2EBEFB239B1CB848AA", "header": "Availability of funds for retirement or inactivation of guided missile cruisers" }, { "text": "1020. Review of sustainment key performance parameters for shipbuilding programs \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall initiate a review of the Joint Capabilities Integration and Development System policy related to the setting of sustainment key performance parameters and key system attributes for shipbuilding programs to ensure such parameters and attributes account for a comprehensive range of factors that could affect the operational availability and materiel availability of a ship. Such review shall include the extent to which— (1) the term operational availability should be redefined by mission area and to include equipment failures that affect the ability of a ship to perform primary missions; and (2) the term materiel availability should be redefined to take into account factors that could result in a ship being unavailable for operations, including unplanned maintenance, unplanned losses, and training. (b) Report required \nNot later than 180 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to congressional defense committees a report on the findings and recommendations of the review required under paragraph (a).", "id": "H4774B6A1A395467E90B9C2FEAC7C004B", "header": "Review of sustainment key performance parameters for shipbuilding programs" }, { "text": "1021. Assessment of security of global maritime chokepoints \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the security of global maritime chokepoints from the threat of hostile kinetic attacks, cyber disruptions, and other form of sabotage. The report shall include an assessment of each of the following with respect to each global maritime chokepoint covered by the report: (1) The expected length of time and resources required for operations to resume at the chokepoint in the event of attack, sabotage, or other disruption of regular maritime operations. (2) The security of any secondary chokepoint that could be affected by a disruption at the global maritime chokepoint. (3) Options to mitigate any vulnerabilities resulting from a hostile kinetic attack, cyber disruption, or other form of sabotage at the chokepoint. (b) Form of report \nThe report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (c) Global maritime chokepoint \nIn this section, the term global maritime chokepoint means any of the following: (1) The Panama Canal. (2) The Suez Canal. (3) The Strait of Malacca. (4) The Strait of Hormuz. (5) The Bab el-Mandeb Strait. (6) Any other chokepoint determined appropriate by the Secretary.", "id": "H595099BEAA9449F6B44346454D49BEF3", "header": "Assessment of security of global maritime chokepoints" }, { "text": "1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes a detailed description of each of the following: (1) The doctrine, organization, training, materiel, leadership and education, personnel, and facilities required to operate and maintain a force of 24 to 35 Light Amphibious Warships, including— (A) the estimated timeline for procuring and delivering such warships; (B) the estimated cost to procure, man, train, operate, maintain, and modernize such warships for each of the 10 years following the year in which the report is submitted, together with the notional Department of Defense appropriations account associated with each such cost; and (C) the feasibility of accelerating the current Light Amphibius Warship procurement plan and delivery schedule. (2) The specific number, type, and mix of manned and unmanned platforms required to support distributed maritime operations and expeditionary advanced base operations. (3) The feasibility of Marine Littoral Regiments using other joint and interagency mobility platforms prior to, in addition to, or in lieu of the operational availability of Light Amphibious Warships, including— (A) Army LCU-2000, Runnymede-class and General Frank S. Besson-class logistics support vessels; (B) Navy LCU-1610 or LCU-1700, Landing Craft Air Cushioned, and Ship-to-Shore Connector vessels; (C) commercial vessel options that— (i) are available as of the date of the enactment of this Act; and (ii) meet Marine Littoral Regiment requirements for movement, maneuver, sustainment, training, interoperability, and cargo capacity and delivery; (D) maritime prepositioning force vessels; and (E) Coast Guard vessels. (4) The specific number, type, and mix of long range unmanned surface vessel platforms required to support distributed maritime operations, expeditionary advanced base operations, along with their operational interaction with the warfighting capabilities of the fleet, including— (A) the estimated timeline for procuring and delivering such platforms; and (B) the estimated cost to procure, man, train, operate, maintain, and modernize such platforms for each of the 10 years following the year in which the report is submitted, together with the notional Department of Defense appropriations account associated with each such cost. (5) The feasibility of integrating Marine Littoral Regiments with— (A) special operations activities; (B) joint and interagency planning; (C) information warfare operations; and (D) command, control, communications, computer, intelligence, surveillance and reconnaissance, and security cooperation activities. (6) The projected cost and timeline for deploying Marine Littoral Regiments, including— (A) the extent to which such regiments will deploy with the capabilities listed in paragraphs (1) through (5) during each of the 10 years following the year in which the report is submitted; and (B) options to accelerate such deployments or increase the capabilities of such regiments if additional resources are available, together with a description of such resources. (b) Form of report \nThe report required by subsection (a) shall be submitted in a publicly accessible, unclassified form, but may contain a classified annex.", "id": "H0FD21BE78493447B9D6A933E9FD9528D", "header": "Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations" }, { "text": "1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense \nSection 485(a) of title 10, United States Code, is amended by inserting after activities the following: , including the use of military force under the notion of collective self-defense of foreign partners.", "id": "HD8E62D4B0E954CCAA79304B762508C17", "header": "Inclusion in counterterrorism briefings of information on use of military force in collective self-defense" }, { "text": "1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries \nSection 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1043 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31,2022.", "id": "H9DA145E8E0984C8E852466DF6533FB32", "header": "Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries" }, { "text": "1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States \nSection 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1953), as most recently amended by section 1041 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022.", "id": "H9E5E8FABB6E54434A195C83CAC2643DA", "header": "Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States" }, { "text": "1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba \nSection 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1042 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022.", "id": "H97CA9903D64F4B288D374B03624E8A3E", "header": "Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba" }, { "text": "1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba \nSection 1036 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1551), as most recently amended by section 1044 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking fiscal years 2018 through 2021 and inserting any of fiscal years 2018 through 2022.", "id": "H9D764309E09D40DE81B596FEA1657DF4", "header": "Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba" }, { "text": "1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba \n(a) Report \nNot later than 120 days after the date of the enactment of this Act, the Chief Medical Officer of United States Naval Station, Guantanamo Bay (in this section referred to as the Chief Medical Officer ), shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the provision of medical care to individuals detained at Guantanamo. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An assessment of the quality of medical care provided to individuals detained at Guantanamo, including whether such care meets applicable standards of care. (2) A description of the medical facilities and resources at United States Naval Station, Guantanamo Bay, Cuba, available to individuals detained at Guantanamo. (3) A description of the medical facilities and resources not at United States Naval Station, Guantanamo Bay, that would be made available to individuals detained at Guantanamo as necessary to meet applicable standards of care. (4) A description of the range of medical conditions experienced by individuals detained at Guantanamo as of the date on which the report is submitted. (5) A description of the range of medical conditions likely to be experienced by individuals detained at Guantanamo, given the medical conditions of such individuals as of the date on which the report is submitted and the likely effects of aging. (6) An assessment of any gaps between— (A) the medical facilities and resources described in paragraphs (2) and (3); and (B) the medical facilities and resources required to provide medical care necessary to meet applicable standards of care for the medical conditions described in paragraphs (4) and (5). (7) The plan of the Chief Medical Officer to address the gaps described in paragraph (6), including the estimated costs associated with addressing such gaps. (8) An assessment of whether the Chief Medical Officer has secured from the Department of Defense access to individuals, information, or other assistance that the Chief Medical Officer considers necessary to enable the Chief Medical Officer to carry out the Chief Medical Officer's duties, including full and expeditious access to the following: (A) Any individual detained at Guantanamo. (B) Any medical records of any individual detained at Guantanamo. (C) Medical professionals of the Department who are working, or have worked, at United States Naval Station, Guantanamo Bay. (c) Form of report \nThe report required by subsection (a) shall be submitted in classified form. (d) Definitions \nIn this section, the terms individual detained at Guantanamo , medical care , and standard of care have the meanings given those terms in section 1046(e) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1586; 10 U.S.C. 801 note).", "id": "H58A05C94E70B43B38DAB1F2FEE4FEDC6", "header": "Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba" }, { "text": "1041. Congressional oversight of alternative compensatory control measures \n(a) Limitation on availability of funds pending submission of report \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of the Under Secretary of Defense for Policy, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report required under section 119a(a) for 2021. (b) Congressional oversight \nSection 119a of title 10, United States Code, is amended by adding at the end the following new subsection: (g) Congressional oversight \n(1) Neither the Secretary of Defense nor the Director of National Intelligence may take any action that would have the effect of limiting the access of the congressional defense committees to— (A) any classified program, or any information about any classified program, to which such committees have access as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022; or (B) any classified program established, or any information about any classified program that becomes available, after the date of the enactment of such Act that is within the jurisdiction of such committees. (2) In this subsection, the term classified program includes any special access program, alternative compensatory control measure, or any other controlled access program..", "id": "H103C49E1650D44F4ADF060E3316EB105", "header": "Congressional oversight of alternative compensatory control measures" }, { "text": "1042. Modification of notification requirements for sensitive military operations \nSection 130f(d) of title 10, United States Code, is amended— (1) by striking (1) Except as provided in paragraph (2), in and inserting In ; (2) by striking paragraph (2); (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (4) in paragraph (1), as so redesignated, by striking ; or and inserting a semicolon; (5) in paragraph (2), as so redesignated, by striking the period at the end and inserting ; or ; and (6) by adding at the end the following new paragraph: (3) an operation conducted by the armed forces to free an individual from the control of hostile foreign forces..", "id": "HBCBC8AFAE8604FD3B53FF441DB9046E6", "header": "Modification of notification requirements for sensitive military operations" }, { "text": "1043. Authority to provide space and services to military welfare societies \nSection 2566 of title 10, United States Code is amended— (1) in subsection (a), by striking of a military department and inserting concerned ; and (2) in subsection (b)(1), by adding at the end the following new subparagraph: (D) The Coast Guard Mutual Assistance..", "id": "HDEC12A9571494F24B0395186FA849BD7", "header": "Authority to provide space and services to military welfare societies" }, { "text": "1044. Congressional notification of significant Army force structure changes \n(a) Notification requirement \n(1) In general \nChapter 711 of title 10, United States Code, is amended by inserting after section 7101 the following new section: 7102. Congressional notification of significant Army force structure changes \n(a) Notification required \nExcept as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change. (b) Contents \nA notification required under subsection (a) shall include each of the following: (1) The justification for the planned change. (2) A description of the details of the planned change and timing for implementation. (3) A description of the operational implications of the planned change. (4) The estimated costs of such change. (c) Exception \nThe notification requirement under subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency. (d) Definition of significant change to Army force structure \nIn this section, the term significant change to Army force structure means— (1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101 the following new item: 7102. Congressional notification of significant Army force structure changes.. (b) Briefing on Army Structure Memorandum \nPrior to issuing the Army Structure Memorandum derived from the Total Army Analysis, the Secretary of the Army shall provide to the congressional defense committees a briefing on the memorandum. The briefing shall include a description of each of the following: (1) The guidance and direction provided to the Army by the Secretary of Defense in the Defense Planning Guidance or other directives. (2) Any scenarios and assumptions used to conduct the analysis. (3) Any significant force design updates incorporated in the analysis. (4) Any significant Army force structure changes directed in the Army Structure Memorandum. (5) Any substantive changes of assessed risk associated with changes directed in the memorandum.", "id": "H0166C06F60F24ECBBDF9C9EE0A59FAF1", "header": "Congressional notification of significant Army force structure changes" }, { "text": "7102. Congressional notification of significant Army force structure changes \n(a) Notification required \nExcept as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change. (b) Contents \nA notification required under subsection (a) shall include each of the following: (1) The justification for the planned change. (2) A description of the details of the planned change and timing for implementation. (3) A description of the operational implications of the planned change. (4) The estimated costs of such change. (c) Exception \nThe notification requirement under subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency. (d) Definition of significant change to Army force structure \nIn this section, the term significant change to Army force structure means— (1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force.", "id": "H537E1A9E36604A98B6005C81FCFAE5D2", "header": "Congressional notification of significant Army force structure changes" }, { "text": "1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus \n(a) In general \nSection 1385 of title 18, United States Code, is amended— (1) by striking or after Army and inserting , the Navy, the Marine Corps, ; (2) by inserting , or the Space Force after Air Force ; and (3) in the section heading, by striking Army and Air Force and inserting Army, Navy, Marine Corps, Air Force, and Space Force. (b) Clerical amendment \nThe table of sections at the beginning of chapter 67 of such title is amended by striking the item relating to section 1385 and inserting the following new item: 1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus.", "id": "H81CB5628EB3949BDBFDC393A1939E50E", "header": "Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus" }, { "text": "1046. Comparative testing reports for certain aircraft \n(a) Modification of limitation \nSection 134(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2037) is amended by striking the report under subsection (e)(2) and inserting a report that includes the information described in subsection (e)(2)(C). (b) Comparative testing reports required \n(1) Report from Director of Operational Test and Evaluation \nNot later than 53 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes the information described in section 134(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038). (2) Report from Secretary of the Air Force \nNot later than 53 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the information described in section 134(e)(2)(C) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038).", "id": "H510C99EED0C74794BD272C96F8097295", "header": "Comparative testing reports for certain aircraft" }, { "text": "1047. Special operations forces joint operating concept for competition and conflict \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command shall jointly submit to the congressional defense committees a Special Operations Forces joint operating concept for competition and conflict. (b) Elements \nThe joint operating concept required by subsection (a) shall include the following: (1) A detailed description of the manner in which special operations forces will be expected to operate in the future across the spectrum of operations, including operations below the threshold of traditional armed conflict, crisis, and armed conflict. (2) An explanation of the roles and responsibilities of the national mission force and the theater special operations forces, including how such forces will be integrated with each other and with general purpose forces. (3) An articulation of the required capabilities of the special operations forces. (4) An explanation of the manner in which the joint operating concept relates to and fits within the joint warfighting concept produced by the Joint Chiefs of Staff. (5) An explanation of the manner in which the joint operating concept relates to and integrates into the operating concepts of the Armed Forces. (6) Any other matter the Assistant Secretary and the Commander consider relevant.", "id": "HC0313A769A0C4ADB8B712CB2B310983B", "header": "Special operations forces joint operating concept for competition and conflict" }, { "text": "1048. Limitation on availability of certain funding for operation and maintenance \nOf the amounts authorized to be appropriated by this Act for fiscal year 2022 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the congressional defense committees the following: (1) The first quarterly report identifying and summarizing all execute orders approved by the Secretary of Defense or the commander of a combatant command in effect for the Department of Defense as required by section 1744(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 113 note). (2) The report on the policy of the Department of Defense relating to civilian casualties resulting from United States military operations required by section 936(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note).", "id": "H17079E29635B40F7972F9E719A937DAE", "header": "Limitation on availability of certain funding for operation and maintenance" }, { "text": "1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment \nOf the amounts authorized to be appropriated for fiscal year 2022 by section 301 for operation and maintenance and available for the Office of the Secretary of Defense for the travel of persons as specified in the table in section 4301, not more than 75 percent shall be available until the date on which all of the following are submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services House of Representatives: (1) The report required by subsection (h)(1) of section 1631 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (2) The strategy and posture review required by subsection (g) of such section.", "id": "H52ECFD2F6972467E8F1D1A7B6062730D", "header": "Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment" }, { "text": "1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings \n(a) Briefing requirement \nNot later than March 31, 2022, the Comptroller General of the United States shall provide to the congressional defense committees a briefing on the status of the ongoing efforts of the Comptroller General with respect to the effectiveness of each of the following: (1) Department of Defense programming and planning for the nuclear enterprise. (2) Department of Defense processes for identifying the relevance of legacy military systems. (3) Defense weapon system acquisition and contracting. (b) Limitation on availability of funds \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense for travel expenses, not more than 90 percent may be obligated or expended before the date on which the Secretary of Defense has entered into agreements for the conduct of the independent reviews required under section 1753 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1852).", "id": "H9CAC1B342EE4424D8495F614C8224F62", "header": "Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings" }, { "text": "1051. Survey on relations between members of the Armed Forces and military communities \n(a) Survey \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall conduct a survey of covered individuals regarding relations between covered individuals and covered communities. (2) Contents of survey \nThe survey shall be designed to solicit information from covered individuals regarding each of the following: (A) The rank, age, racial, ethnic, and gender demographics of the covered individuals. (B) Relationships between covered individuals and the covered community, including support services and acceptance of the military community. (C) The availability of housing, health care, mental health services, and education for covered individuals, employment opportunities for military spouses, and other relevant issues. (D) Initiatives of local government and community organizations with respect to covered individuals and covered communities. (E) The physical safety of covered individuals while in a covered community but outside the military installation located in such covered community. (F) Any other matters designated by the Secretary of Defense. (3) Locations \nFor purposes of conducting the survey under this subsection, the Secretary of Defense shall select ten geographically diverse military installations where the survey will be conducted. (b) Additional activities \nIn the course of conducting surveys under this section, the Secretary may carry out any of the following activities with respect to covered individuals and covered communities: (1) Facilitating local listening sessions and information exchanges. (2) Developing educational campaigns. (3) Supplementing existing local and national defense community programs. (4) Sharing best practices and activities. (c) Coordination \nTo support activities under this section, the Secretary of Defense may coordinate with local governments and not-for-profit organizations that represent covered individuals. (d) Briefing \nNot later than September 30, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the survey conducted under subsection (a). Such briefing shall include— (1) with respect to each covered community— (A) the results of the survey; and (B) the activities conducted to address racial inequity in the community; (2) the aggregate results of the survey; and (3) best practices for creating positive relationships between covered individuals and covered communities. (e) Definitions \nIn this section: (1) The term covered community means a military installation and any geographic area within 10 miles of such military installation. (2) The term covered individual means any of the following individuals who live in a covered community or work on a military installation in a covered community: (A) A member of the Armed Forces. (B) A family member of an individual described in subparagraph (A). (3) The term military installation has the meaning given such term in section 2801 of title 10, United States Code.", "id": "H9A30CF3A51D342E39137083966412F37", "header": "Survey on relations between members of the Armed Forces and military communities" }, { "text": "1052. Limitation on use of funds pending compliance with certain statutory reporting requirements \n(a) Limitation \nOf the funds authorized to be appropriated or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense for travel expenses, not more than 90 percent may be obligated or expended before the date on which all of the following reports are submitted to Congress and the unclassified portions thereof made publicly available: (1) The report required under section 589F(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) The reports required under section 1299H(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (3) The report required under section 888(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (4) The report required under section 1752(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (b) Briefing requirement \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on obstacles to compliance with congressional mandated reporting requirements.", "id": "H87BE5D6FBD6448BEB712FD61CE96492B", "header": "Limitation on use of funds pending compliance with certain statutory reporting requirements" }, { "text": "1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern \nSection 8062(d) of title 10, United States Code, is amended by inserting the Coast Guard, the Space Force, after the Air Force,.", "id": "HD96864E3DA57446291AD1BC2F50DB12A", "header": "Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern" }, { "text": "1061. Inclusion of support services for Gold Star families in quadrennial quality of life review \n(a) Technical amendment \n(1) In general \nThe second section 118a of title 10, United States Code (relating to the quadrennial quality of life review) is redesignated as section 118b. (2) Clerical amendment \nThe table of sections at the beginning of chapter 2 of such title is amended by striking the item relating to the second section 118a and inserting the following new item: 118b. Quadrennial quality of life review.. (b) Inclusion in review \nSubsection (c) of section 118b of title 10, United States Code, as redesignated under subsection (a), is amended by adding at the end the following new paragraph: (15) Support services for Gold Star families..", "id": "H6BD5AB585CD04CB694A181A683967987", "header": "Inclusion of support services for Gold Star families in quadrennial quality of life review" }, { "text": "1062. Public availability of semi-annual summaries of reports \n(a) In general \nSection 122a of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Semi-annual summaries \nNot later than January 1 and July 1 of each year, the Secretary of Defense shall make publicly available on an appropriate internet website a summary of all reports submitted to Congress by the Department of Defense for the preceding six-month period that are required to be submitted by statute. Each such summary shall include, for each report covered by the summary, the title of report, the date of delivery, and the section of law under which such report is required.. (b) Applicability \nSubsection (c) of section 122a of title 10, United States Code, as added by subsection (a), shall apply beginning on the date that is one year after the date of the enactment of this Act.", "id": "H3A2C5A1501B249D28FEAA8DB6A06F37B", "header": "Public availability of semi-annual summaries of reports" }, { "text": "1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense \nSection 1014(d)(3) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) is amended by striking December 31, 2022 and inserting December 31, 2023.", "id": "HC4676EE7A2A745CA83028B26BDECC236", "header": "Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense" }, { "text": "1064. Continuation of certain Department of Defense reporting requirements \nSection 1061 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 111 note) is amended— (1) in subsection (b)(2), by adding at the end the following new subparagraphs: (E) The submission of the report required under section 14 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5 ). (F) The submission of the report required under section 2504 of title 10, United States Code. ; (2) in subsection (c), by striking paragraph (47); and (3) in subsection (i), by striking paragraph (30).", "id": "H918FCCF799F54992B56404EE9A9F7984", "header": "Continuation of certain Department of Defense reporting requirements" }, { "text": "1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires \nSection 1058 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 31 U.S.C. 1535 note) is amended by adding at the end the following new subsection: (g) Updated review and enhancement of authorities \n(1) Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Director shall— (A) conduct a second review under subsection (a) and make a second determination under subsection (b); and (B) submit to Congress a report that includes— (i) the results of the second review and second determination required by subparagraph (A); and (ii) a description, based on such second determination, of any new modifications proposed to be made to existing authorities under subsection (c) or (d), including whether there is a need for legislative changes to further improve the procedures for using Department of Defense assets to fight wildfires. (2) Pursuant to the second determination under subsection (b) required by paragraph (1)(A), the Director shall develop and implement such modifications, regulations, policies, and interagency procedures as the Director determines appropriate pursuant to subsections (c) and (d). Any such modification, regulation, policy, or interagency procedure shall not take effect until the end of the 30-day period beginning on the date on which the report is submitted to Congress under paragraph (1)(B)..", "id": "HEA281E3487014161856ED8B62A0BE1DD", "header": "Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires" }, { "text": "1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan \n(a) In general \nNot later than March 31, 2022, each commander of a geographic combatant command shall submit to the congressional defense committees a report containing an assessment of the level of operational risk to that command posed by the plan of the Air Force to modernize and restructure airborne intelligence, surveillance, and reconnaissance capabilities to meet near-, mid-, and far-term contingency and steady-state operational requirements against adversaries in support of the objectives of the current national defense strategy. (b) Plan assessed \nThe plan of the Air Force referred to in subsection (a) is the plan required under section 142 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (c) Assessment of risk \nIn assessing levels of operational risk for purposes of subsection (a), a commander shall use the military risk matrix of the Chairman of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E. (d) Geographic combatant command \nIn this section, the term geographic combatant command means each of the following: (1) United States European Command. (2) United States Indo-Pacific Command. (3) United States Africa Command. (4) United States Southern Command. (5) United States Northern Command. (6) United States Central Command.", "id": "HB55931BF04CA499BA459CD32CB951011", "header": "Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan" }, { "text": "1067. Biennial assessments of Air Force Test Center \nNot later than December 1 of each of 2022, 2024, and 2026, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Test Center. Each such assessment shall include, for the period covered by the assessment, a description of— (1) any challenges of the Air Force Test Center with respect to completing its mission; and (2) the plan of the Secretary to address such challenges.", "id": "HAD23DBCCAAE84B8DA20806E1627B9B77", "header": "Biennial assessments of Air Force Test Center" }, { "text": "1068. Report on 2019 World Military Games \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the participation of the United States in the 2019 World Military Games. Such report shall include a detailed description of each of the following: (1) The number of United States athletes and staff who attended the 2019 World Military Games and became ill with COVID–19-like symptoms during or shortly after their return to the United States. (2) The results of any blood testing conducted on athletes and staff returning from the 2019 World Military Games, including whether those blood samples were subsequently tested for COVID–19. (3) The number of home station Department of Defense facilities of the athletes and staff who participated in the 2019 World Military Games that experienced outbreaks of illnesses consistent with COVID–19 symptoms upon the return of members of the Armed Forces from Wuhan, China. (4) The number of Department of Defense facilities visited by team members after returning from Wuhan, China, that experienced COVID–19 outbreaks during the first quarter of 2020, including in relation to the share of other Department of Defense facilities that experienced COVID–19 outbreaks through March 31, 2020. (5) Whether the Department tested members of the Armed Forces who traveled to Wuhan, China, for the World Military Games for COVID–19 antibodies, and if so, what portion, if any, of those results were positive, and when such testing was conducted. (6) Whether there are, or have been, any investigations, including under the auspices of an Inspector General, across the Department of Defense or the military departments into possible connections between United States athletes who traveled to Wuhan, China, and the outbreak of COVID–19. (7) Whether the Department has engaged with the militaries of allied or partner countries about illnesses surrounding the 2019 World Military Games, and if so, how many participating militaries have indicated to the Department that their athletes or staff may have contracted COVID–19-like symptoms during or immediately after the Games. (b) Form of report \nExcept to the extent prohibited by law, the report required under this section shall be submitted in unclassified form and made publicly available on an internet website in a searchable format, but may contain a classified annex.", "id": "H4D178D1444664FFB8676B5142B1688FE", "header": "Report on 2019 World Military Games" }, { "text": "1069. Reports on oversight of Afghanistan \n(a) Reports \nNot later than 60 days after the date of the enactment of this Act, and annually thereafter until December 31, 2026, the Secretary of Defense, in coordination with the Director of National Intelligence and consistent with the protection of intelligence sources and methods, shall submit to the appropriate congressional committees a report on Afghanistan. Each such report shall address, with respect to Afghanistan, the following matters: (1) An up-to-date assessment of the over-the-horizon capabilities of the United States. (2) A description of the concept of force with respect to the over-the-horizon force of the United States. (3) The size of such over-the-horizon force. (4) The location of such over-the-horizon force, including the locations of the forces as of the date of the submission of the report and any plans to adjust such locations. (5) The chain of command for such over-the-horizon force. (6) The launch criteria for such over-the-horizon force. (7) Any plans to expand or adjust such over-the-horizon force capabilities in the future, to account for evolving terrorist threats in Afghanistan. (8) An assessment of the terrorist threat in Afghanistan. (9) An assessment of the quantity and types of United States military equipment remaining in Afghanistan, including an indication of whether the Secretary plans to leave, recover, or destroy such equipment. (10) Contingency plans for the retrieval or hostage rescue of United States citizens located in Afghanistan. (11) Contingency plans related to the continued evacuation of Afghans who hold special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) or who have filed a petition for such status, following the withdrawal of the United States Armed Forces from Afghanistan. (12) A concept of logistics support to support the over-the-horizon force of the United States, including all basing and transportation plans. (13) An assessment of changes in the ability of al-Qaeda and ISIS-K to conduct operations within Taliban-held Afganistan or outside of Afghanistan against the United States and allies of the United States. (14) An assessment of the threat posed by prisoners released by the Taliban from the Pul-e-Charkhi prison and Parwan detention facility, Afghanistan, in August 2021, including, for each such prisoner— (A) the country of origin of the prisoner; (B) any affiliation of the prisoner with a foreign terrorist organization; and (C) in the case of any such prisoner determined to pose a risk for external operations outside of Afghanistan, the assessed location of the prisoner. (15) The status of any military cooperation between the Taliban and China, Russia, or Iran. (16) Any other matters the Secretary determines appropriate. (b) Form \nEach report required under this section may be submitted in either unclassified or classified form, as determined appropriate by the Secretary. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Armed Services and the Select Committee on Intelligence of the Senate.", "id": "HB095076960774011B36DBDF3204EF11E", "header": "Reports on oversight of Afghanistan" }, { "text": "1070. Study and report on Department of Defense excess personal property program \n(a) Study \nThe Director of the Defense Logistics Agency shall conduct a study on the excess personal property program of the Department of Defense under section 2576a of title 10, United States Code, and the administration of such program by the Law Enforcement Support Office. Such study shall include— (1) an analysis of the degree to which personal property transferred under such program has been distributed equitably between larger, well-resourced municipalities and units of government and smaller, less well-resourced municipalities and units of government; and (2) an identification of potential reforms to such program to ensure that such property is transferred in a manner that provides adequate opportunity for participation by smaller, less well-resourced municipalities and units of government. (b) Report \nNot later than one year after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report on the results of a study required under subsection (a).", "id": "H2445368BEA974D7F8BD2E9AE066D32C9", "header": "Study and report on Department of Defense excess personal property program" }, { "text": "1071. Optimization of Irregular Warfare Technical Support Directorate \n(a) Plan required \nNot later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the congressional defense committees a plan for improving the support provided by the Irregular Warfare Technical Support Directorate to meet military requirements. Such plan shall include the following: (1) Specific actions to— (A) ensure adequate focus on rapid fielding of required capabilities; (B) improve metrics and methods for tracking projects that have transitioned into programs of record; and (C) minimize overlap with other research, development, and acquisition efforts. (2) Such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant. (b) Department of Defense Instruction required \nNot later than 270 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Secretaries of the military departments, shall publish an updated Department of Defense Instruction in order to— (1) define the objectives, organization, mission, customer base, and role of the Irregular Warfare Technical Support Directorate; (2) ensure coordination with external program managers assigned to the military departments and the United States Special Operations Command; (3) facilitate adequate oversight by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment; and (4) address such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant.", "id": "H6D8A2EDA200248E9AA3E4B63914AE2AB", "header": "Optimization of Irregular Warfare Technical Support Directorate" }, { "text": "1072. Assessment of requirements for and management of Army three-dimensional geospatial data \n(a) Joint assessments and determinations \nThe Vice Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Intelligence and Security, and the Secretary of the Army, in consultation with other appropriate officials of the Department of Defense, shall jointly carry out each of the following: (1) An assessment of the requirements of the joint force with respect to three-dimensional geospatial data in order to achieve Combined Joint All-Domain Command and Control, including the use of such data for each of the following: (A) Training. (B) Planning. (C) Modeling and simulation. (D) Mission rehearsal. (E) Operations. (F) Intelligence, including geolocation support to intelligence collection systems. (G) Dynamic and precision targeting. (H) After action reviews. (2) A determination of whether three-dimensional geospatial data derived from Government sources, commercial sources, or both (referred to as derivative three-dimensional geospatial data ) meets the accuracy, resolution, community sensor model compliance, and currency required for precision targeting. (3) A determination of the optimum management, joint funding structure, and resources required for the collection, tasking, acquisition, production, storage, and consumption of three-dimensional geospatial data, including a consideration of— (A) designating the Army as the Executive Agent for warfighter collection, production, and consumption of three-dimensional geospatial content at the point-of-need; (B) designating the National Geospatial Intelligence Agency, in its role as the Geospatial Intelligence Functional Manager, as the Executive Agent for quality assessment, testing, evaluation, validation, and enterprise storage and retrieval of derivative three-dimensional geospatial data; (C) existing governance structures across the Department of Defense and the National Geospatial Intelligence Agency for the procurement and production of three-dimensional geospatial data and the development of tools and plans, from either commercial or Government sources; and (D) identifying potential commercial and Government capabilities that could be established as a three-dimensional geospatial intelligence program of record. (b) Army management considerations \nIf the Vice Chairman, the Under Secretary, and the Secretary of the Army determine that the Army should serve as the Executive Agent for Department of Defense three-dimensional geospatial data, the Secretary shall determine the respective roles within the Army. (c) Additional Army determinations \nThe Secretary of the Army shall determine whether operational use of the Integrated Visual Augmentation System and Army intelligence and mission command systems require three-dimensional geospatial data for assigned operational missions, including targeting. (d) Briefing required \nNot later than 180 days after the date of the enactment of this Act, the Vice Chairman, the Under Secretary, and the Secretary of the Army shall complete the assessments and determinations required by this section and provide to the congressional defense committees a briefing on such assessments and determinations.", "id": "H61CB0D205B264FD7A80BD98D149B5262", "header": "Assessment of requirements for and management of Army three-dimensional geospatial data" }, { "text": "1073. Required review of Department of Defense unmanned aircraft systems categorization \n(a) In general \nThe Under Secretary of Defense for Acquisition and Sustainment shall initiate a process— (1) to review the system used by the Department of Defense for categorizing unmanned aircraft systems, as described in Joint Publication 3–30 titled Joint Air Operations ; and (2) to determine whether modifications should be made in the Department of Defense grouping of unmanned aerial systems into five broad categories, as in effect on the date of the enactment of this Act. (b) Required elements for revision \nIf the Under Secretary determines under subsection (a) that the characteristics associated with any of the five categories of unmanned aircraft systems should be revised, the Under Secretary shall consider the effect a revision would have on— (1) the future capability and employment needs to support current and emerging warfighting concepts; (2) advanced systems and technologies available in the current commercial marketplace; (3) the rapid fielding of unmanned aircraft systems technology; and (4) the integration of unmanned aircraft systems into the National Airspace System. (c) Consultation requirements \nIn carrying out the review required under subsection (a), the Under Secretary shall consult with— (1) the Secretary of each of the military departments; (2) the Chairman of the Joint Chiefs of Staff; (3) the Secretary of State; and (4) the Administrator of the Federal Aviation Administration. (d) Report required \nNot later than October 1, 2022, the Under Secretary shall submit to the congressional defense committees, the Committee on Transportation and Infrastructure and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate a report that includes a description of— (1) the results of the review initiated under subsection (a); (2) any revisions planned to the system used by the Department of Defense for categorizing unmanned aircraft systems as a result of such review; (3) the costs and benefits of any planned revisions; and (4) a proposed implementation plan and timelines for such revisions.", "id": "HDCEBE22D2F284B19999CFE143197CA9E", "header": "Required review of Department of Defense unmanned aircraft systems categorization" }, { "text": "1074. Annual report and briefing on Global Force Management Allocation Plan \n(a) In general \nNot later than October 31, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a classified report and a classified briefing on the Global Force Management Allocation Plan and its implementation. (b) Report \nEach report required by subsection (a) shall include a summary describing the Global Force Management Allocation Plan being implemented as of October 1 of the year in which the report is provided. (c) Briefing \nEach briefing required by subsection (a) shall include the following: (1) A summary of the major modifications to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year as a result of a shift in strategic priorities, requests for forces, or other contingencies, and an explanation for such modifications. (2) A description of the major differences between the Global Force Management Allocation Plan for the current fiscal year and the Global Force Management Allocation Plan for the preceding fiscal year. (3) A description of any difference between the actual global allocation of forces, as of October 1 of the year in which the briefing is provided, and the forces stipulated in the Global Force Management Allocation Plan being implemented on that date.", "id": "HE7F1B6E45093467A97CEBC20893C8395", "header": "Annual report and briefing on Global Force Management Allocation Plan" }, { "text": "1075. Report on World War I and Korean War era Superfund facilities \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on active Superfund facilities where a hazardous substance originated from Department of Defense activities occurring between the beginning of World War I and the end of the Korean War. Such report shall include a description of such Superfund facilities as well as any actions, planned actions, communication with communities, and cooperation with relevant agencies, including the Environmental Protection Agency, carried out or planned to be carried out by the Department of Defense. (b) Superfund facility \nIn this section, the term Superfund facility means a facility included on the National Priorities List pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605 ).", "id": "H22C5EBD4D7A3472D93AE67CC62A949B1", "header": "Report on World War I and Korean War era Superfund facilities" }, { "text": "1076. Report on implementation of irregular warfare strategy \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter through fiscal year 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the activities and programs of the Department of Defense to implement the irregular warfare strategy consistent with the 2019 Irregular Warfare Annex to the National Defense Strategy, as amended by any subsequent national defense strategy. (b) Elements of report \nEach report required by subsection (a) shall include the following elements for the year covered by the report: (1) A description and assessment of efforts to institutionalize the approach of the Department of Defense to irregular warfare and maintain a baseline of capabilities and expertise in irregular warfare in both conventional and special operations forces, including efforts to— (A) institutionalize irregular warfare in force development and design; (B) transform the approach of the Department of Defense to prioritize investments in, and development of, human capital for irregular warfare; (C) ensure an approach to irregular warfare that is agile, efficient, and effective by investing and developing capabilities in a cost-informed and resource-sustainable manner; and (D) integrate irregular warfare approaches into operational plans and warfighting concepts for competition, crisis, and conflict. (2) A description and assessment of efforts to operationalize the approach of the Department of Defense to irregular warfare to meet the full range of challenges posed by adversaries and competitors, including efforts to— (A) execute proactive, enduring campaigns using irregular warfare capabilities to control the tempo of competition, shape the environment, and increase the cost of hostilities against the United States and its allies; (B) adopt a resource-sustainable approach to countering violent extremist organizations and consolidating gains against the enduring threat from these organizations; (C) improve the ability of the Department of Defense to understand and operate within the networked, contested, and multi-domain environment in which adversaries and competitors operate; (D) foster and sustain unified action in irregular warfare including through collaboration and support of interagency partners in the formulation of assessments, plans, and the conduct of operations; and (E) expand networks of allies and partners, including for the purpose of increasing the ability and willingness of allies and partners to defend their sovereignty, contribute to coalition operations, and advance common security initiatives. (3) A description of— (A) the status of the plan required to be produced by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the Chairman of the Joint Chiefs of Staff, in coordination with the combatant commands and the Secretaries of the military departments, to implement the objectives described in the 2019 Irregular Warfare Annex to the National Defense Strategy; and (B) the efforts by the relevant components of the Department of Defense to expeditiously implement such plan, including the allocation of resources to implement the plan. (4) An assessment by the Secretary of Defense of the resources, plans, and authorities required to establish and sustain irregular warfare as a fully-integrated core competency for the Joint Forces. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "H631501386C32475ABE4BA4B2F90A332F", "header": "Report on implementation of irregular warfare strategy" }, { "text": "1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service \n(a) Study \nIn consultation with the Chief Information Officer of the Department of Defense, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ) shall conduct a study on providing end-to-end electronic voting services (including services for registering to vote, requesting an electronic ballot, completing the ballot, and returning the ballot) in participating States for absent uniformed services voters under such Act who are deployed or mobilized to locations with limited or immature postal service (as determined by the Presidential designee). (b) Specifications \nIn conducting the study under subsection (a), the Presidential designee shall include— (1) methods that would ensure voters have the opportunity to verify that their ballots are received and tabulated correctly by the appropriate State and local election officials; (2) methods that would generate a verifiable and auditable vote trail for the purposes of any recount or audit conducted with respect to an election; (3) a plan of action and milestones on steps that would need to be achieved prior to implementing end-to-end electronic voting services for absentee uniformed services voters; (4) an assessment of whether commercially available technologies may be used to carry out any of the elements of the plan; and (5) an assessment of the resources needed to implement the plan of action and milestones referred to in paragraph (3). (c) Consultation with State and local election officials \nThe Presidential designee shall conduct the study under subsection (a) in consultation with appropriate State and local election officials. (d) Use of contractors \nTo the extent the Presidential designee determines to be appropriate, the Presidential designee may include in the study conducted under subsection (a) an analysis of the potential use of contractors to provide voting services and how such contractors could be used to carry out the elements of the plan referred to in subsection (b)(3). (e) Briefing; report \n(1) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Presidential designee shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the interim results of the study conducted under subsection (a). (2) Report \nNot later than one year after the date of the enactment of this Act, the Presidential designee shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study conducted under subsection (a).", "id": "H391E918162D2448F88EA2F81974EC1CA", "header": "Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service" }, { "text": "1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment \nNot later than June 1, 2022, the Secretary of the Air Force shall submit to the congressional defense committees a report containing— (1) a strategy for the acquisition of combat rescue aircraft and equipment that aligns with the stated capability and capacity requirements of the Air Force; and (2) an analysis of how such strategy meets the requirements of the national defense strategy required under section 113(g) of title 10, United States Code.", "id": "H337D1496013D40D0A76415CEFE129082", "header": "Report on Air Force strategy for acquisition of combat rescue aircraft and equipment" }, { "text": "1081. Technical, conforming, and clerical amendments \n(a) Title 10, United States Code \nTitle 10, United States Code, is amended as follows: (1) The table of chapters at the beginning of part I of subtitle A is amended by striking the item relating to the second chapter 19 (relating to cyber matters). (2) The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 118 and inserting the following new item: 118. Materiel readiness metrics and objectives for major weapon systems.. (3) The second section 118a, as added by section 341 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 118b, and the table of sections at the beginning of chapter 2 of such title is conformed accordingly. (4) Section 138(b)(2)(A)(i) is amended by striking the semicolon. (5) Section 196(d) is amended by striking ,, and inserting ,. (6) Section 231a(e)(2) is amended by striking include the following, and inserting include. (7) Section 240b(b)(1)(B)(xiii) is amended by striking An and inserting A. (8) Section 240g(a)(3) is amended by striking ; and and inserting ;. (9) Section 393(b)(2)(D) is amended by inserting a period at the end. (10) Section 483(f)(3) is amended by inserting this before title. (11) Section 651(a) is amended by inserting a comma after 3806(d)(1)). (12) The table of sections at the beginning of chapter 39 is amended by adding a period at the end of the item relating to section 691. (13) Section 823(a)(2) (article 23(a)(2) of the Uniform Code of Military Justice) is amended by inserting a comma after Army. (14) Section 856(b) (article 56(b) of the Uniform Code of Military Justice) is amended by striking subsection (d) of section 853a and inserting subsection (c) of section 853a. (15) Section 1044e(g) is amended by striking number of Special Victims’ Counsel and inserting number of Special Victims’ Counsels. (16) The table of sections at the beginning of chapter 54 is amended by striking the item relating to section 1065 and inserting the following new item: 1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers.. (17) Section 1463(a)(4) is amended by striking that that and inserting that. (18) Section 1465(b)(2) is amended by striking the the and inserting the. (19) Section 1466(a) is amended, in the matter preceding paragraph (1), by striking Coast guard and inserting Coast Guard. (20) Section 1554a(g)(2) is amended by striking.. and inserting.. (21) Section 1599h is amended— (A) in subsection (a), by redesignating the second paragraph (7) and paragraph (8) as paragraphs (8) and (9), respectively; and (B) in subsection (b)(1), by redesignating the second subparagraph (G) and subparagraph (H) as subparagraphs (H) and (I), respectively. (22) Section 1705(a) is amended by striking a fund and inserting an account. (23) Section 1722a(a) is amended by striking ,, and inserting ,. (24) Section 1788a(e) is amended— (A) in paragraph (3), by striking section 167(i) and inserting section 167(j) ; (B) in paragraph (4), by striking covered personnel and inserting covered individuals ; and (C) in paragraph (5), in the matter preceding subparagraph (A), by striking covered personnel and inserting covered individuals. (25) The table of chapters at the beginning of part III of subtitle A is amended, in the item relating to chapter 113, by striking the period after 2200g. (26) Section 2107(a) is amended by striking or Space Force. (27) Section 2279b(b) is amended by redesignating the second paragraph (11) as paragraph (12). (28) Section 2321(f) is amended by striking the item both places it appears and inserting the commercial product. (29) The second section 2350m (relating to execution of projects under the North Atlantic Treaty Organization Security Investment Program), as added by section 2503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 2350q and the table of sections at the beginning of subchapter II of chapter 138 is conformed accordingly. (30) Section 2534(a) is amended— (A) in paragraph (3), by striking subsection (j) and inserting subsection (k) ; and (B) in paragraph (5), by striking principle and inserting principal. (31) Section 2891a(e)(1) is amended by striking the any and inserting the. (32) The table of sections at the beginning of chapter 871 is amended— (A) by striking the item relating to section 8749 and inserting the following new item: 8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard. ; and (B) by striking the item relating to section 8749a and inserting the following new item: 8749a. Civil service mariners of Military Sealift Command: alcohol testing.. (33) The second section 9084, as added by section 1601 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is transferred to appear after section 9085 and redesignated as section 9086, and the table of sections at the beginning of chapter 908 of such title is conformed accordingly. (34) The second section 9132 (relating to Regular Air Force and Regular Space Force: reenlistment after service as an officer) is redesignated as section 9138 (and the table of sections at the beginning of chapter 913 is conformed accordingly). (35) The section heading for section 9401 is amended to read as follows (and the table of sections at the beginning of chapter 951 is conformed accordingly): 9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals \n. (36) The section heading for section 9402 is amended to read as follows (and the table of sections at the beginning of chapter 951 is conformed accordingly): 9402. Enlisted members of Air Force or Space Force: schools \n. (37) Section 9840 is amended in the second sentence by striking He and inserting The officer. (b) NDAA for Fiscal Year 2021 \nEffective as of January 1, 2021, and as if included therein as enacted, section 1 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by inserting (a) In general.— before This Act ; and (2) by adding at the end the following: (b) References \nAny reference in this or any other Act to the National Defense Authorization Act for Fiscal Year 2021 shall be deemed to be a reference to the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.. (c) NDAA for Fiscal Year 2020 \nEffective as of December 20, 2019, and as if included therein as enacted, section 1739(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) is amended by striking VI and inserting VII. (d) Coordination With Other Amendments Made by This Act \nFor purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.", "id": "HF0A03C23E1CD46A48C8A673842310155", "header": "Technical, conforming, and clerical amendments" }, { "text": "9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals", "id": "H80799D4154934D7383491459C15A033D", "header": "Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals" }, { "text": "9402. Enlisted members of Air Force or Space Force: schools", "id": "HB3FC8B809EE147279C443FAADE5B803D", "header": "Enlisted members of Air Force or Space Force: schools" }, { "text": "1082. Modification to Regional Centers for Security Studies \n(a) In general \nSection 342(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Ted Stevens Center for Arctic Security Studies, established in 2021 and located in Anchorage, Alaska.. (b) Acceptance of gifts and donations \nSection 2611(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Ted Stevens Center for Arctic Security Studies..", "id": "HF095638572C348DBB8B458D604C3FC6A", "header": "Modification to Regional Centers for Security Studies" }, { "text": "1083. Improvement of transparency and congressional oversight of civil reserve air fleet \n(a) Definitions \n(1) Secretary \nParagraph (10) of section 9511 of title 10, United States Code, is amended to read as follows: (10) The term Secretary means the Secretary of Defense.. (2) Conforming amendments \nChapter 961 of title 10, United States Code, as amended by paragraph (1), is further amended— (A) in section 9511a by striking Secretary of Defense each place it appears and inserting Secretary ; (B) in section 9512(e), by striking Secretary of Defense and inserting Secretary ; and (C) in section 9515, by striking Secretary of Defense each place it appears and inserting Secretary. (b) Annual report on civil reserve air fleet \nSection 9516 of title 10, United States Code, is amended— (1) in subsection (d), by striking When the Secretary and inserting Subject to subsection (e), when the Secretary ; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: (e) Annual report \nNot later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that— (1) identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of subsection (a)(1); and (2) for each such contract— (A) specifies the dollar value of the award; and (B) provides a detailed explanation of the reasons for the award.. (c) Technical amendments \n(1) In general \nChapter 961 of title 10, United States Code, as amended by subsections (a) and (b), is further amended— (A) by redesignating sections 9511a and 9512 as sections 9512 and 9513, respectively; (B) in section 9511, by striking section 9512 each place it appears and inserting section 9513 ; and (C) in section 9514, by redesignating subsection (g) as subsection (f). (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by striking the items relating to sections 9511a and 9512 and inserting the following new items: 9512. Civil Reserve Air Fleet contracts: payment rate. 9513. Contracts for the inclusion or incorporation of defense features.. (d) Charter air transportation of members of the armed forces or cargo \n(1) In general \nSection 2640 of title 10, United States Code, is amended— (A) in the section heading, by inserting or cargo after armed forces ; (B) in subsection (a)(1), by inserting or cargo after members of the armed forces ; (C) in subsection (b), by inserting or cargo after members of the armed forces ; (D) in subsection (d)(1), by inserting or cargo after members of the armed forces ; (E) in subsection (e)— (i) by inserting or cargo after members of the armed forces ; and (ii) by inserting or cargo before the period at the end; (F) in subsection (f), by inserting or cargo after members of the armed forces ; and (G) in subsection (j)(1), by inserting cargo , after air transportation ,. (2) Clerical amendment \nThe table of sections at the beginning of chapter 157 of title 10, United States Code, is amended by striking the item relating to section 2640 and inserting the following new item: 2640. Charter air transportation of members of the armed forces or cargo..", "id": "H10D9E34EF1C44DFD943CA664F642CB7F", "header": "Improvement of transparency and congressional oversight of civil reserve air fleet" }, { "text": "1084. Observance of National Atomic Veterans Day \n(a) In general \nChapter 1 of title 36, United States Code, is amended by adding at the end the following new section: 146. National Atomic Veterans Day \nThe President shall issue each year a proclamation calling on the people of the United States to— (1) observe Atomic Veterans Day with appropriate ceremonies and activities; and (2) remember and honor the atomic veterans of the United States whose brave service and sacrifice played an important role in the defense of the Nation.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 146. National Atomic Veterans Day..", "id": "HD7AB6A56A9B6410D907B0F0ADB314495", "header": "Observance of National Atomic Veterans Day" }, { "text": "146. National Atomic Veterans Day \nThe President shall issue each year a proclamation calling on the people of the United States to— (1) observe Atomic Veterans Day with appropriate ceremonies and activities; and (2) remember and honor the atomic veterans of the United States whose brave service and sacrifice played an important role in the defense of the Nation.", "id": "H3E23D2B58BAF44198105818C4B956D9A", "header": "National Atomic Veterans Day" }, { "text": "1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations \nNot later than July 1, 2022, the Chairman of the Joint Chiefs of Staff shall update Joint Publication 3-68: Noncombatant Evacuation Operations.", "id": "H86440B80930145AB87BFD1DC41612219", "header": "Update of Joint Publication 3-68: Noncombatant Evacuation Operations" }, { "text": "1086. National Museum of the Surface Navy \n(a) Designation \nThe Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the National Museum of the Surface Navy. (b) Purposes \nThe purposes of the National Museum of the Surface Navy shall be to— (1) provide and support— (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the people of the United States understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.", "id": "HF7EB50ACCD41407D8F2D93CA80EBF7FC", "header": "National Museum of the Surface Navy" }, { "text": "1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport \nThe Secretary of Defense may establish a commemorative work on Federal land owned by the Department of Defense in the District of Columbia and its environs to commemorate the 13 members of the Armed Forces who died in the bombing attack on Hamid Karzai International Airport, Kabul, Afghanistan, on August 26, 2021.", "id": "H9C7DB5A53F0C43EE90DDE392A6298200", "header": "Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport" }, { "text": "1088. Treatment of operational data from Afghanistan \n(a) Sense of Congress \nIt is the sense of Congress that— (1) an immense amount of operational data and intelligence has been developed over the past two decades of war in Afghanistan; and (2) this information is valuable and must be appropriately retained. (b) Operational data \nThe Secretary of Defense shall— (1) archive and standardize operational data from Afghanistan across the myriad of defense information systems; and (2) ensure the Afghanistan operational data is structured, searchable, and usable across the joint force. (c) Briefing \nNot later than March 4, 2022, the Under Secretary of Defense for Intelligence and Security shall provide to the Committee on Armed Services of the House of Representatives a briefing on how the Department of Defense has removed, retained, and assured long-term access to operational data from Afghanistan across each military department and command. Such briefing shall address the manner in which the Department of Defense— (1) is standardizing and archiving intelligence and operational data from Afghanistan across the myriad of defense information systems; and (2) ensuring access to such data across the joint force.", "id": "HB9E12942570D4B9FBA8B8F22D2060C61", "header": "Treatment of operational data from Afghanistan" }, { "text": "1089. Responsibilities for national mobilization; personnel requirements \n(a) Executive agent for national mobilization \nThe Secretary of Defense shall designate a senior civilian official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for— (1) developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers to other persons inducted into the Armed Forces under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ); (2) providing Congress and the Selective Service System with updated requirements and timelines for obtaining inductees in the event of a national emergency requiring mass mobilization and induction of personnel under the Military Selective Service Act for training and service in the Armed Forces; and (3) providing Congress with a plan, developed in coordination with the Selective Service System, to induct large numbers of volunteers who may respond to a national call for volunteers during an emergency. (b) Report required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for obtaining inductees as part of a mobilization timeline for the Selective Service System. The plan shall include a description of resources, locations, and capabilities of the Armed Forces required to train, equip, and integrate personnel inducted into the Armed Forces under the Military Selective Service Act into the total force, addressing scenarios that would include 300,000, 600,000, and 1,000,000 new volunteer and other personnel inducted into the Armed Forces under the Military Selective Service Act. The plan may be provided in classified form.", "id": "H797B0FAFDF8942EB9E22B801801CD803", "header": "Responsibilities for national mobilization; personnel requirements" }, { "text": "1090. Independent assessment with respect to Arctic region \n(a) Independent assessment \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Commander of the United States Northern Command, in consultation and coordination with the Commander of the United States Indo-Pacific Command, the Commander of the United States European Command, the military services, and the defense agencies, shall complete an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives: (A) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region. (B) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region. (C) The reduction of the risk of executing operation and contingency plans of the Department of Defense. (D) To maximize execution of Department operation and contingency plans, in the event deterrence fails. (2) Elements \nThe assessment required by paragraph (1) shall include the following: (A) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by— (i) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the Armed Forces within the Arctic region, and scenarios that consider— (I) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region; (II) use of near-, mid-, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine; (III) supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units; (ii) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command; (iii) an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and (iv) any other matter the Commander of the United States Northern Command considers appropriate. (B) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis. (C) An assessment of capabilities requirements to achieve such objectives. (D) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (E) An assessment and identification of required infrastructure and military construction investments to achieve such objectives. (3) Report \n(A) In general \nUpon completion of the assessment required by paragraph (1), the Commander of the United States Northern Command shall submit to the Secretary of Defense a report on the assessment. (B) Submittal to Congress \nNot later than 30 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall provide to the congressional defense committees— (i) a copy of the report, in its entirety; and (ii) any additional analysis or information, as the Secretary considers appropriate. (C) Form \nThe report required by subparagraph (A), and any additional analysis or information provided under subparagraph (B)(i)(II), may be submitted in classified form, but shall include an unclassified summary. (b) Arctic Security Initiative \n(1) Plan \n(A) In general \nNot later than 30 days after the date on which the Secretary receives the report under subsection (a)(3)(A), the Secretary shall provide to the congressional defense committees a briefing on the plan to carry out a program of activities to enhance security in the Arctic region. (B) Objectives \nThe plan required by subparagraph (A) shall be— (i) consistent with the objectives described in paragraph (1) of subsection (a); and (ii) informed by the assessment required by that paragraph. (C) Activities \nThe plan shall include, as necessary, the following prioritized activities to improve the design and posture of the joint force in the Arctic region: (i) Modernize and strengthen the presence of the Armed Forces, including those with advanced capabilities. (ii) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel. (iii) Conduct exercises, wargames, education, training, experimentation, and innovation for the joint force. (iv) Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces. (2) Establishment \n(A) In general \nNot earlier than 30 days after the submittal of the plan required by paragraph (1), the Secretary may establish a program of activities to enhance security in the Arctic region, to be known as the Arctic Security Initiative (in this paragraph referred to as the Initiative ). (B) Five-year plan for the Initiative \n(i) In general \nIf the Initiative is established, the Secretary, in consultation with the Commander of the United States Northern Command, shall submit to the congressional defense committees a future years plan for the activities and resources of the Initiative that includes the following: (I) A description of the activities and resources for the first fiscal year beginning after the date on which the Initiative is established, and the plan for not fewer than the four subsequent fiscal years, organized by the activities described in paragraph (1)(C). (II) A summary of progress made toward achieving the objectives described in subsection (a)(1). (III) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve progress in reducing risk to the ability of the joint force to achieve objectives in the Arctic region, including, as appropriate, investments in— (aa) active and passive defenses against— (AA) manned aircraft, surface vessels, and submarines; (BB) unmanned naval systems; (CC) unmanned aerial systems; and (DD) theater cruise, ballistic, and hypersonic missiles; (bb) advanced long-range precision strike systems; (cc) command, control, communications, computers, intelligence, surveillance, and reconnaissance systems; (dd) training and test range capacity, capability, and coordination; (ee) dispersed resilient and adaptive basing to support distributed operations, including expeditionary airfields and ports, space launch facilities, and command posts; (ff) advanced critical munitions; (gg) pre-positioned forward stocks of fuel, munitions, equipment, and materiel; (hh) distributed logistics and maintenance capabilities; (ii) strategic mobility assets, including icebreakers; (jj) improved interoperability, logistics, transnational supply lines and infrastructure, and information sharing with allies and partners, including scientific missions; and (kk) information operations capabilities. (IV) A detailed timeline for achieving the requirements identified under subclause (III). (V) A detailed explanation of any significant modification to such requirements, as compared to— (aa) the assessment required by subsection (a)(1) for the first fiscal year; and (bb) the plans previously submitted for each subsequent fiscal year. (VI) Any other matter the Secretary considers necessary. (ii) Form \nA plan under clause (i) shall be submitted in unclassified form, but may include a classified annex.", "id": "H57BD0075615C4DFFBBAE1B1FF5FE51DF", "header": "Independent assessment with respect to Arctic region" }, { "text": "1091. National Security Commission on Emerging Biotechnology \n(a) Establishment \n(1) In general \nThere is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the National Security Commission on Emerging Biotechnology (in this section referred to as the Commission ). (2) Date of establishment \nThe date of establishment referred to in paragraph (1) is 30 days after the date of the enactment of this Act. (b) Membership \n(1) Number and appointment \nThe Commission shall be composed of 12 members appointed as follows: (A) Two members appointed by the Chair of the Committee on Armed Services of the Senate, one of whom is a Member of the Senate and one of whom is not. (B) Two members appointed by the ranking minority member of the Committee on Armed Services of the Senate, one of whom is a Member of the Senate and one of whom is not. (C) Two members appointed by the Chair of the Committee on Armed Services of the House of Representatives, one of whom is a Member of the House of Representatives and one of whom is not. (D) Two members appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives, one of whom is a Member of the House of Representatives and one of whom is not. (E) One member appointed by the Speaker of the House of Representatives. (F) One member appointed by the Minority Leader of the House of Representatives. (G) One member appointed by the Majority Leader of the Senate. (H) One member appointed by the Minority Leader of the Senate. (2) Deadline for appointment \nMembers shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2). (3) Effect of lack of appointment by appointment date \nIf one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (4) Qualifications \nThe members of the Commission who are not members of Congress and who are appointed under subsection (b)(1) shall be individuals from private civilian life who are recognized experts and have relevant professional experience in matters relating to— (A) emerging biotechnology and associated technologies; (B) use of emerging biotechnology and associated technologies by national policy makers and military leaders; or (C) the implementation, funding, or oversight of the national security policies of the United States. (c) Chair and vice chair \n(1) Chair \nThe Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Chair of the Commission. (2) Vice chair \nThe ranking minority member of the Committee on Armed Services of the Senate and the ranking minority member of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Vice Chair of the Commission. (d) Period of appointment and vacancies \nMembers shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. (e) Purpose \nThe purpose of the Commission is to examine and make recommendations with respect to emerging biotechnology as it pertains to current and future missions and activities of the Department of Defense. (f) Scope and duties \n(1) In general \nThe Commission shall carry out a review of advances in emerging biotechnology and associated technologies. In carrying out such review, the Commission shall consider the methods, means, and investments necessary to advance and secure the development of biotechnology, biomanufacturing, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States. (2) Scope of the review \nIn conducting the review described in this subsection, the Commission shall consider the following: (A) The global competitiveness of the United States in biotechnology, biomanufacturing, and associated technologies, including matters related to national security, defense, public-private partnerships, and investments. (B) Means, methods, and investments for the United States to maintain and protect a technological advantage in biotechnology, biomanufacturing, and associated technologies related to national security and defense. (C) Developments and trends in international cooperation and competitiveness, including foreign investments in biotechnology, biomanufacturing, and associated technologies that are scientifically and materially related to national security and defense. (D) Means by which to foster greater emphasis and investments in basic and advanced research to stimulate government, industry, academic and combined initiatives in biotechnology, biomanufacturing, and associated technologies, to the extent that such efforts have application scientifically and materially related to national security and defense. (E) Means by which to foster greater emphasis and investments in advanced development and test and evaluation of biotechnology-enabled capabilities to stimulate the growth of the United States bioeconomy and commercial industry, while also supporting and improving acquisition and adoption of biotechnologies for national security purposes. (F) Workforce and education incentives and programs to attract, recruit, and retain leading talent in fields relevant to the development and sustainment of biotechnology and biomanufacturing, including science, technology, engineering, data science and bioinformatics, and biology and related disciplines. (G) Risks and threats associated with advances in military employment of biotechnology and biomanufacturing. (H) Associated ethical, legal, social, and environmental considerations related to biotechnology, biomanufacturing, and associated technologies as it will be used for future applications related to national security and defense. (I) Means to establish international standards for the tools of biotechnology, biomanufacturing, related cybersecurity, and digital biosecurity. (J) Means to establish data sharing capabilities within and amongst government, industry, and academia to foster collaboration and accelerate innovation, while maintaining privacy and security for data as required for national security and personal protection purposes. (K) Consideration of the transformative potential and rapidly-changing developments of biotechnology and biomanufacturing innovation and appropriate mechanisms for managing such technology related to national security and defense. (L) Any other matters the Commission deems relevant to national security. (g) Commission report and recommendations \n(1) Final report \nNot later than 2 years after the Commission establishment date specified in subsection (a)(2), the Commission shall submit to the congressional defense committees and the President a final report on the findings of the Commission and such recommendations that the Commission may have for action by Congress and the Federal Government. (2) Interim report \nNot later than 1 year after the Commission establishment date specified in subsection (a)(2), the Commission shall submit to the congressional defense committees and the President an interim report on the status of the Commission’s review and assessment, including a discussion of any interim recommendations. (3) Form \nThe report submitted to Congress under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (h) Government cooperation \n(1) Cooperation \nIn carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense and other Federal departments and agencies in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison \nThe Secretary of Defense shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Detailees authorized \nThe Secretary of Defense and the heads of other departments and agencies of the Federal Government may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense and such other departments and agencies, without reimbursement. (4) Facilitation \n(A) Independent, nongovernment institute \nNot later than 45 days after the Commission establishment date specified in subsection (a)(2), the Secretary of Defense may make available to the Commission the services of an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. (B) Federally funded research and development center \nOn request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. (5) Expedition of security clearances \nThe Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances under processes developed for the clearance of legislative branch employees for any personnel appointed to the Commission by their respective offices of the Senate and House of Representatives and any personnel appointed by the Executive Director appointed under subsection (i). (6) Services \n(A) DOD services \nThe Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other agencies \nIn addition to any support provided under paragraph (1), the heads of other Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support as the heads of such departments and agencies determine advisable and as may be authorized by law. (i) Staff \n(1) Status as federal employees \nNotwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, any member of the Commission who is not a Member of Congress shall be considered to be a Federal employee. (2) Executive director \nThe Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay \nThe Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services \n(1) Authority to procure \nThe Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates \nThe daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts \nThe Commission may accept, use, and dispose of gifts or donations of services, goods, and property from nonfederal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, members of the Commission shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and House of Representatives. (l) Legislative advisory committee \nThe Commission shall operate as a legislative advisory committee. (m) Contracting authority \nThe Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (n) Use of government information \nThe Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (o) Postal services \nThe Commission may use the United States mail in the same manner and under the same conditions as Federal departments and agencies. (p) Space for use of commission \nNot later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (q) Removal of members \nA member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. (r) Termination \nThe Commission shall terminate 18 months after the date on which it submits the final report required by subsection (g).", "id": "HD793D588F4074691B5ECCA655924141F", "header": "National Security Commission on Emerging Biotechnology" }, { "text": "1092. Quarterly security briefings on Afghanistan \n(a) In general \nNot later than January 15, 2022, and every 90 days thereafter through December 31, 2025, the Under Secretary of Defense for Policy, in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense committees an unclassified and classified briefing on the security situation in Afghanistan and ongoing Department of Defense efforts to counter terrorist groups in Afghanistan. (b) Elements \nEach briefing required by subsection (a) shall include an assessment of each of the following: (1) The security situation in Afghanistan. (2) The disposition of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, including the respective sizes and geographic areas of control of each such group. (3) The international terrorism ambitions and capabilities of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, and the extent to which each such group poses a threat to the United States and its allies. (4) The capability and willingness of the Taliban to counter the Islamic State of Khorasan. (5) The capability and willingness of the Taliban to counter al-Qaeda. (6) The extent to which the Taliban have targeted, and continue to target, Afghan nationals who assisted the United States and coalition forces during the United States military operations in Afghanistan between 2001 and 2021. (7) Basing, overflight, or other cooperative arrangements between the United States and regional partners as part of the over-the-horizon counterterrorism posture for Afghanistan. (8) The capability and effectiveness of the over-the-horizon counterterrorism posture of the United States for Afghanistan. (9) The disposition of United States forces in the area of operations of United States Central Command, including the force posture and associated capabilities to conduct operations in Afghanistan. (10) The activities of regional actors as they relate to promoting stability and countering threats from terrorist groups in Afghanistan, including— (A) military operations conducted by foreign countries in the region as such operations relate to Afghanistan; (B) the capabilities of the militaries of foreign countries to execute operations in Afghanistan; and (C) the relationships between the militaries of foreign countries and the Taliban or foreign terrorist organizations inside Afghanistan. (11) Any other matter the Under Secretary considers appropriate.", "id": "H76B2D82CC9614ADE9FDFA390A90F4FE9", "header": "Quarterly security briefings on Afghanistan" }, { "text": "1093. Transition of funding for non-conventional assisted recovery capabilities \n(a) Plan required \n(1) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to transition the funding of non-conventional assisted recovery capabilities from the authority provided under section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4578) to the authority provided under section 127f of title 10, United States Code. (2) Elements \nThe plan required by paragraph (1) shall include the following: (A) An identification of the non-conventional assisted recovery capabilities to be transitioned to the authority provided by such section 127f. (B) An identification of any legislative changes to such section 127f necessary to accommodate the transition of capabilities currently funded under such section 943. (C) A description of the manner in which the Secretary plans to ensure appropriate transparency of activities for non-conventional assisted recovery capabilities, and related funding, in the annual report required under subsection (e) of such section 127f. (D) Any other matter the Secretary considers relevant. (b) Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment \nSection 127f of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Non-Conventional assisted recovery capabilities \nFunding used to establish, develop, and maintain non-conventional assisted recovery capabilities under this section may only be obligated and expended with the concurrence of the relevant Chief of Mission or Chiefs of Mission..", "id": "HC1053DBC694C4AEBABFCC207EBCE9E73", "header": "Transition of funding for non-conventional assisted recovery capabilities" }, { "text": "1094. Afghanistan War Commission Act of 2021 \n(a) Short title \nThis section may be cited as the Afghanistan War Commission Act of 2021. (b) Definitions \nIn this section: (1) The term applicable period means the period beginning June 1, 2001, and ending August 30, 2021. (2) The term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Armed Services of the House of Representatives; (F) the Committee on Foreign Affairs of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives. (3) The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (c) Establishment of Commission \n(1) Establishment \nThere is established in the legislative branch an independent commission to be known as the Afghanistan War Commission (in this section referred to as the Commission ). (2) Membership \n(A) Composition \nThe Commission shall be composed of 16 members of whom— (i) 1 shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (ii) 1 shall be appointed by the ranking member of the Committee on Armed Services of the Senate; (iii) 1 shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; (iv) 1 shall be appointed by the ranking member of the Committee on Armed Services of the House of Representatives; (v) 1 shall be appointed by the Chairman of the Committee on Foreign Relations of the Senate; (vi) 1 shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate; (vii) 1 shall be appointed by the Chairman of the Committee on Foreign Affairs of the House of Representatives; (viii) 1 shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives; (ix) 1 shall be appointed by the Chairman of the Select Committee on Intelligence of the Senate; (x) 1 shall be appointed by the Vice Chairman of the Select Committee on Intelligence of the Senate. (xi) 1 shall be appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives; (xii) 1 shall be appointed by the ranking member of the Permanent Select Committee on Intelligence of the House of Representatives; (xiii) 1 shall be appointed by the Majority leader of the Senate; (xiv) 1 shall be appointed by the Minority leader of the Senate; (xv) 1 shall be appointed by the Speaker of the House of Representatives; and (xvi) 1 shall be appointed by the Minority Leader of the House of Representatives. (B) Qualifications \nIt is the sense of Congress that each member of the Commission appointed under subparagraph (A) should— (i) have significant professional experience in national security, such as a position in— (I) the Department of Defense; (II) the Department of State; (III) the intelligence community; (IV) the United States Agency for International Development; or (V) an academic or scholarly institution; and (ii) be eligible to receive the appropriate security clearance to effectively execute their duties. (C) Prohibitions \nA member of the Commission appointed under subparagraph (A) may not— (i) be a current member of Congress; (ii) be a former member of Congress who served in Congress after January 3, 2001; (iii) be a current or former registrant under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ); (iv) have previously investigated Afghanistan policy or the war in Afghanistan through employment in the office of a relevant inspector general; (v) have been the sole owner or had a majority stake in a company that held any United States or coalition defense contract providing goods or services to activities by the United States Government or coalition in Afghanistan during the applicable period; or (vi) have served, with direct involvement in actions by the United States Government in Afghanistan during the time the relevant official served, as— (I) a cabinet secretary or national security adviser to the President; or (II) a four-star flag officer, Under Secretary, or more senior official in the Department of Defense or the Department of State. (D) Date \n(i) In general \nThe appointments of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act. (ii) Failure to make appointment \nIf an appointment under subparagraph (A) is not made by the appointment date specified in clause (i)— (I) the authority to make such appointment shall expire; and (II) the number of members of the Commission shall be reduced by the number equal to the number of appointments not made. (3) Period of appointment; vacancies \n(A) In general \nA member of the Commission shall be appointed for the life of the Commission. (B) Vacancies \nA vacancy in the Commission— (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment. (4) Meetings \n(A) Initial meeting \nNot later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. (B) Frequency \nThe Commission shall meet at the call of the Co-Chairpersons. (C) Quorum \nA majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (5) Co-Chairpersons \nCo-Chairpersons of the Commission shall be selected by the Leadership of the Senate and the House of Representatives as follows: (A) 1 Co-Chairperson selected by the Majority Leader of the Senate and the Speaker of the House of Representatives from the members of the Commission appointed by chairpersons of the appropriate congressional committees, the Majority Leader of the Senate, and the Speaker of the House of Representatives; and (B) 1 Co-Chairperson selected by the Minority Leader of the Senate and the Minority Leader of the House of Representatives from the members of the Commission appointed by the ranking members of the appropriate congressional committees, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. (d) Purpose of Commission \nThe purpose of the Commission is— (1) to examine the key strategic, diplomatic, and operational decisions that pertain to the war in Afghanistan during the relevant period, including decisions, assessments, and events that preceded the war in Afghanistan; and (2) to develop a series of lessons learned and recommendations for the way forward that will inform future decisions by Congress and policymakers throughout the United States Government. (e) Duties of Commission \n(1) Study \n(A) In general \nThe Commission shall conduct a thorough study of all matters relating to combat operations, reconstruction and security force assistance activities, intelligence activities, and diplomatic activities of the United States pertaining to the Afghanistan during the period beginning June 1, 2001, and ending August 30, 2021. (B) Matters Studied \nThe matters studied by the Commission shall include— (i) for the time period specified under subparagraph (A)— (I) the policy objectives of the United States Government, including— (aa) military objectives; (bb) diplomatic objectives; and (cc) development objectives; (II) significant decisions made by the United States, including the development of options presented to policymakers; (III) the efficacy of efforts by the United States Government in meeting the objectives described in clause (i), including an analysis of— (aa) military efforts; (bb) diplomatic efforts; (cc) development efforts; and (dd) intelligence efforts; and (IV) the efficacy of counterterrorism efforts against al Qaeda, the Islamic State Khorasan Province, and other foreign terrorist organizations in degrading the will and capabilities of such organizations— (aa) to mount external attacks against the United States or its allies and partners; or (bb) to threaten stability in Afghanistan, neighboring countries, and the region; (ii) the efficacy of metrics, measures of effectiveness, and milestones used to assess progress of diplomatic, military, and intelligence efforts; (iii) the efficacy of interagency planning and execution process by the United States Government; (iv) factors that led to the collapse of the Afghan National Defense Security Forces in 2021, including— (I) training and mentoring from the institutional to the tactical levels within the Afghan National Defense Security Forces; (II) assessment methodologies, including any transition from different methodologies and the consistency of implementation and reporting; (III) the determination of how to establish and develop the Afghan National Defense Security Forces, including the Afghan Air Force, and what determined the security cooperation model used to build such force; (IV) reliance on technology and logistics support; (V) corruption; and (VI) reliance on warfighting enablers provided by the United States; (v) the challenges of corruption across the entire spectrum of the Afghan Government and efficacy of counter-corruption efforts to include linkages to diplomatic lines of effort, linkages to foreign and security assistance, and assessment methodologies; (vi) the efficacy of counter-narcotic efforts to include alternative livelihoods, eradication, interdiction, and education efforts; (vii) the role of countries neighboring Afghanistan in contributing to the stability or instability of Afghanistan; (viii) varying diplomatic approaches between Presidential administrations; (ix) the extent to which the intelligence community did or did not fail to provide sufficient warning about the probable outcomes of a withdrawal of coalition military personnel from Afghanistan, including as it relates to— (I) the capability and sustainability of the Afghanistan National Defense Security Forces; (II) the sustainability of the Afghan central government, absent coalition support; (III) the extent of Taliban control over Afghanistan over time with respect to geographic territory, population centers, governance, and influence; and (IV) the likelihood of the Taliban regaining control of Afghanistan at various levels of United States and coalition support, including the withdrawal of most or all United States or coalition support; (x) the extent to which intelligence products related to the state of the conflict in Afghanistan and the effectiveness of the Afghanistan National Defense Security Forces complied with intelligence community-wide analytic tradecraft standards and fully reflected the divergence of analytic views across the intelligence community; (xi) an evaluation of whether any element of the United States Government inappropriately restricted access to data from elements of the intelligence community, Congress, or the Special Inspector General for Afghanistan Reconstruction (SIGAR) or any other oversight body such as other inspectors general or the Government Accountability Office, including through the use of overclassification; and (xii) the extent to which public representations of the situation in Afghanistan before Congress by United States Government officials differed from the most recent formal assessment of the intelligence community at the time those representations were made. (2) Report required \n(A) In general \n(i) Annual report \n(I) In general \nNot later than 1 year after the date of the initial meeting of the Commission, and annually thereafter, the Commission shall submit to the appropriate congressional committees a report describing the progress of the activities of the Commission as of the date of such report, including any findings, recommendations, or lessons learned endorsed by the Commission. (II) Addenda \nAny member of the Commission may submit an addendum to a report required under subclause (I) setting forth the separate views of such member with respect to any matter considered by the Commission. (III) Briefing \nOn the date of the submission of each report, the Commission shall brief Congress. (ii) Final report \n(I) Submission \nNot later than 3 years after the date of the initial meeting of the Commission, the Commission shall submit to Congress a report that contains a detailed statement of the findings, recommendations, and lessons learned endorsed by the Commission. (II) Addenda \nAny member of the Commission may submit an addendum to the report required under subclause (I) setting forth the separate views of such member with respect to any matter considered by the Commission. (III) Extension \nThe Commission may submit the report required under subclause (I) at a date that is not more than 1 year later than the date specified in such clause if agreed to by the chairperson and ranking member of each of the appropriate congressional committees. (B) Form \nThe report required by paragraph (1)(B) shall be submitted and publicly released on a Government website in unclassified form but may contain a classified annex. (C) Subsequent reports on declassification \n(i) In general \nNot later than 4 years after the date that the report required by subparagraph (A)(ii) is submitted, each relevant agency of jurisdiction shall submit to the committee of jurisdiction a report on the efforts of such agency to declassify such annex. (ii) Contents \nEach report required by clause (i) shall include— (I) a list of the items in the classified annex that the agency is working to declassify at the time of the report and an estimate of the timeline for declassification of such items; (II) a broad description of items in the annex that the agency is declining to declassify at the time of the report; and (III) any justification for withholding declassification of certain items in the annex and an estimate of the timeline for declassification of such items. (f) Powers of Commission \n(1) Hearings \nThe Commission may hold such hearings, take such testimony, and receive such evidence as the Commission considers necessary to carry out its purpose and functions under this section. (2) Assistance from Federal agencies \n(A) Information \n(i) In general \nThe Commission may secure directly from a Federal department or agency such information as the Commission considers necessary to carry out this section. (ii) Furnishing information \nUpon receipt of a written request by the Co-Chairpersons of the Commission, the head of the department or agency shall expeditiously furnish the information to the Commission. (B) Space for Commission \n(i) In general \nNot later than 30 days after the date of the enactment of this Act, the Architect of the Capitol, in consultation with the Commission, shall identify suitable space to house the operations of the Commission, which shall include— (I) a dedicated sensitive compartmented information facility or access to a sensitive compartmented information facility; and (II) the ability to store classified documents. (ii) Authority to lease \nIf the Architect of the Capitol is not able to identify space in accordance with clause (i) within the 30-day period specified in clause (i), the Commission may lease space to the extent that funds are available for such purpose. (C) Compliance by intelligence community \nElements of the intelligence community shall respond to requests submitted pursuant to paragraph (2) in a manner consistent with the protection of intelligence sources and methods. (3) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts \nThe Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate. (5) Ethics \n(A) In general \nThe members and employees of the Commission shall be subject to the ethical rules and guidelines of the Senate. (B) Reporting \nFor purposes of title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), each member and employee of the Commission— (i) shall be deemed to be an officer or employee of the Congress (as defined in section 109(13) of such title); and (ii) shall file any report required to be filed by such member or such employee (including by virtue of the application of subsection (g)(1)) under title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) with the Secretary of the Senate. (g) Commission personnel matters \n(1) Compensation of members \nA member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Travel expenses \nA member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff \n(A) Status as federal employees \nNotwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (B) Executive director \nThe Co-Chairpersons of the Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (C) Pay \nThe Executive Director, with the approval of the Co-Chairpersons of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (D) Security clearances \nAll staff must have or be eligible to receive the appropriate security clearance to conduct their duties. (4) Detail of government employees \nA Federal Government employee, with the appropriate security clearance to conduct their duties, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services \nThe Co-Chairpersons of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (6) Pay \nThe pay of each employee of the Commission and any member of the Commission who receives pay in accordance with paragraph (1) shall be disbursed by the Secretary of the Senate. (h) Termination of Commission \nThe Commission shall terminate 90 days after the date on which the Commission submits the report required under subsection (e)(2)(A)(ii).", "id": "H8EAAF7432ED24A049CFF9B808FCAF6F6", "header": "Afghanistan War Commission Act of 2021" }, { "text": "1095. Commission on the National Defense Strategy \n(a) Establishment \n(1) In general \nThere is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the Commission on the National Defense Strategy for the United States (in this subtitle referred to as the Commission ). (2) Date of establishment \nThe date of establishment referred to in paragraph (1) is the date that is not later than 30 days after the date on which the Secretary of Defense provides a national defense strategy as required by section 113(g) of title 10, United States Code. (b) Membership \n(1) Number and appointment \nThe Commission shall be composed of 8 members from private civilian life who are recognized experts in matters relating to the national security of the United States. The members shall be appointed as follows: (A) The Majority Leader of the Senate shall appoint 1 member. (B) The Minority Leader of the Senate shall appoint 1 member. (C) The Speaker of the House of Representatives shall appoint 1 member. (D) The Minority Leader of the House of Representatives shall appoint 1 member. (E) The Chair of the Committee on Armed Services of the Senate shall appoint 1 member. (F) The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member. (G) The Chair of the Committee on Armed Services of the House of Representatives shall appoint 1 member. (H) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member. (2) Deadline for appointment \nMembers shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2). (3) Effect of lack of appointment by appointment date \nIf one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (c) Chair and vice chair \n(1) Chair \nThe Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives, with the concurrence of the Majority Leader of the Senate and the Speaker of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Chair of the Commission. (2) Vice chair \nThe Ranking Member of the Committee on Armed Services of the Senate and the Ranking Member of the Committee on Armed Services of the House of Representatives, with the concurrence of the Minority Leader of the Senate and the Minority Leader of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Vice Chair of the Commission. (d) Period of appointment and vacancies \nMembers shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made. (e) Purpose \nThe purpose of the Commission is to examine and make recommendations with respect to the national defense strategy for the United States. (f) Scope and duties \nIn order to provide the fullest understanding of the matters required under subsection (e), the Commission shall perform the following duties: (1) National defense strategy review \nThe Commission shall review the most recent national defense strategy of the United States including the assumptions, strategic objectives, priority missions, major investments in defense capabilities, force posture and structure, operational concepts, and strategic and military risks associated with the strategy. (2) Assessment \nThe Commission shall conduct a comprehensive assessment of the strategic environment to include the threats to the national security of the United States, including both traditional and non-traditional threats, the size and shape of the force, the readiness of the force, the posture, structure, and capabilities of the force, allocation of resources, and the strategic and military risks in order to provide recommendations on the national defense strategy for the United States. (g) Commission report and recommendations \n(1) Report \nNot later than one year after the Commission establishment date specified under subsection (a)(2), the Commission shall transmit to the President and Congress a report containing the review and assessment conducted under subsection (f), together with any recommendations of the Commission. The report shall include the following elements: (A) An appraisal of the strategic environment, including an examination of the traditional and non-traditional threats to the United States, and the potential for conflicts arising from such threats and security challenges. (B) An evaluation of the strategic objectives of the Department of Defense for near-peer competition in support of the national security interests of the United States. (C) A review of the military missions for which the Department of Defense should prepare, including missions that support the interagency and a whole-of-government strategy. (D) Identification of any gaps or redundancies in the roles and missions assigned to the Armed Forces necessary to carry out military missions identified in subparagraph (C), as well as the roles and capabilities provided by other Federal agencies and by allies and international partners. (E) An assessment of how the national defense strategy leverages other elements of national power across the interagency to counter near-peer competitors. (F) An evaluation of the resources necessary to support the strategy, including budget recommendations. (G) An examination of the Department’s efforts to develop new and innovative operational concepts to enable the United States to more effectively counter near-peer competitors. (H) An analysis of the force planning construct, including— (i) the size and shape of the force; (ii) the posture, structure, and capabilities of the force; (iii) the readiness of the force; (iv) infrastructure and organizational adjustments to the force; (v) modifications to personnel requirements, including professional military education; and (vi) other elements of the defense program necessary to support the strategy. (I) An assessment of the risks associated with the strategy, including the relationships and tradeoffs between missions, risks, and resources. (J) Any other elements the Commission considers appropriate. (2) Interim briefings \n(A) Not later than 180 days after the Commission establishment date specified in subsection (a)(2), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of its review and assessment to include a discussion of any interim recommendations. (B) At the request of the Chair and Ranking Member of the Committee on Armed Services of the Senate, or the Chair and Ranking Member of the Committee on Armed Services of the House of Representatives, the Commission shall provide the requesting Committee with interim briefings in addition to the briefing required by subparagraph (2)(A). (3) Form \nThe report submitted to Congress under paragraph (1) of this subsection shall be submitted in unclassified form, but may include a classified annex. (h) Government cooperation \n(1) Cooperation \nIn carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison \nThe Secretary shall designate at least 1 officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Detailees authorized \nThe Secretary may provide, and the commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. (4) Facilitation \n(A) Independent, non-government institute \nNot later than 45 days after the Commission establishment date specified in subparagraph (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, non-governmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. (B) Federally funded research and development center \nOn request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. (5) Expedition of security clearances \nThe Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the commission by their respective Senate and House offices under processes developed for the clearance of legislative branch employees. (i) Staff \n(1) Status as Federal employees \nNotwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Executive director \nThe Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay \nThe Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services \n(1) Authority to procure \nThe Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates \nThe daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts \nThe Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the United States Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. (l) Funding \nOf the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $5,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended. (m) Legislative advisory committee \nThe Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). (n) Contracting authority \nThe Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (o) Use of government information \nThe Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (p) Postal services \nThe Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (q) Space for use of commission \nNot later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (r) Removal of members \nA member may be removed from the commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal, voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this section shall not affect the powers of the commission, and shall be filled in the same manner as the original appointment was made. (s) Termination \nThe Commission shall terminate 90 days after the date on which it submits the report required by subsection (g).", "id": "H5E84F902B8F44A93A9FEE39642970000", "header": "Commission on the National Defense Strategy" }, { "text": "1101. Amendment to diversity and inclusion reporting \nSection 113 of title 10, United States Code, as amended by section 551 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (1) in subsection (c)(2), by inserting of members and civilian employees after inclusion ; (2) in subsection (l)— (A) in paragraph (1)— (i) in subparagraph (A), by striking ; and and inserting a semicolon; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following new subparagraph (B): (B) efforts to reflect, across the civilian workforce of the Department and of each armed force, the diversity of the population of the United States; and ; and (B) in paragraph (2)(B), by inserting and civilian employees of the Department after members of the armed forces ; and (3) in subsection (m)— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph (7): (7) The number of civilian employees of the Department, disaggregated by military department, gender, race, and ethnicity— (A) in each grade of the General Schedule; (B) in each grade of the Senior Executive Service; (C) paid at levels above grade GS-15 of the General Schedule but who are not members of the Senior Executive Service; (D) paid under the Federal Wage System, and (E) paid under alternative pay systems..", "id": "HE7C75DA0611E474D84B3FFC6BC7AD421", "header": "Amendment to diversity and inclusion reporting" }, { "text": "1102. Civilian personnel management \nSection 129(a) of title 10, United States Code, is amended— (1) in the first sentence, by striking primarily and inserting solely ; and (2) in the second sentence, by striking solely.", "id": "H526AAF3C2A9D4B71BCBC4155A269C2A7", "header": "Civilian personnel management" }, { "text": "1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense \nSection 1108(b)(1)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended to read as follows: (A) (i) at any defense industrial base facility (as that term is defined in section 2208(u)(3) of title 10, United States Code) that is part of the core logistics capabilities (as described in section 2464(a) of such title); or (ii) at any Major Range and Test Facility Base (as that term is defined in section 196(i) of such title); and.", "id": "HF4AD4E31880149C0BEC1D02198C3FB38", "header": "Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense" }, { "text": "1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies \nSection 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: (8) The Defense Institute of International Legal Studies..", "id": "HADF8E28571DC49408400E179AEE99E52", "header": "Authority to employ civilian faculty members at the Defense Institute of International Legal Studies" }, { "text": "1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense \nSection 1597(e) title 10, United States Code, is amended— (1) by striking the subsection heading and inserting Consideration of employee performance in reductions ; and (2) by striking be made primarily on the basis of and inserting , among other factors as determined by the Secretary, account for employee.", "id": "H28BC1A7095DE4D84B1B20639BDF60364", "header": "Consideration of employee performance in reductions in force for civilian positions in the Department of Defense" }, { "text": "1106. Repeal of 2-year probationary period \n(a) Repeal \n(1) In general \nEffective December 31, 2022, section 1599e of title 10, United States Code, is repealed. (2) Application \nThe modification of probationary periods for covered employees (as that term is defined in such section 1599e as in effect on the date immediately preceding the date of enactment of this Act) by operation of the amendment made by paragraph (1) shall only apply to an individual appointed as such an employee on or after the effective date specified in paragraph (1). (b) Technical and conforming amendments \n(1) Title 10 \nThe table of sections for chapter 81 of title 10, United States Code, is amended by striking the item relating to section 1599e. (2) Title 5 \nTitle 5, United States Code, is amended— (A) in section 3321(c), by striking , or any individual covered by section 1599e of title 10 ; (B) in section 3393(d), by striking the second sentence; (C) in section 7501(1), by striking , except as provided in section 1599e of title 10, ; (D) in section 7511(a)(1)(A)(ii), by striking except as provided in section 1599e of title 10, ; and (E) in section 7541(1)(A), by striking or section 1599e of title 10.", "id": "H82E5C4C2833045B1A2657F60B03894E8", "header": "Repeal of 2-year probationary period" }, { "text": "1107. Modification of DARPA personnel management authority to attract science and engineering experts \nSection 1599h(b) of title 10, United States Code, is amended— (1) in paragraph (2)— (A) by striking subparagraph (A) and inserting the following: (A) in the case of employees appointed pursuant to paragraph (1)(B)— (i) to any of 5 positions designated by the Director of the Defense Advanced Research Projects Agency for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5; and (ii) to any other position designated by the Director for purposes of this clause, at rates not in excess of the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3; ; and (B) in subparagraph (B), by striking and at the end; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by adding at the end the following: (4) during any fiscal year, pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5..", "id": "H6CEA882213A14EEFA460F967D571AEAA", "header": "Modification of DARPA personnel management authority to attract science and engineering experts" }, { "text": "1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels \nSection 5542(a)(6)(A) of title 5, United States Code, is amended— (1) by inserting outside the United States after temporary duty ; (2) by striking the nuclear aircraft carrier that is forward deployed in Japan and inserting naval vessels ; (3) by inserting of 1938 after Fair Labor Standards Act ; and (4) by striking the overtime and all that follows through the period at the end and inserting the employee shall be coded and paid overtime as if the employee’s exemption status under that Act is the same as it is at the employee’s permanent duty station..", "id": "H55DDB2EADD524647970FAEA2D5B0E794", "header": "Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels" }, { "text": "1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia \n(a) In general \nSection 5519 of title 5, United States Code, is amended by striking or (c). (b) Application \nThe amendment made by subsection (a) shall apply to any amounts credited, by operation of such section 5519, against the pay of an employee or individual described under section 6323(c) of such title on or after the date of enactment of this Act.", "id": "H2D3B1E88865A4D24AF43BBD3F58FBBC8", "header": "Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia" }, { "text": "1110. Treatment of hours worked under a qualified trade-of-time arrangement \nSection 5542 of title 5, United States Code, is amended by adding at the end the following: (h) (1) (A) Notwithstanding any other provision of this section or section 5545b, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section, including overtime pay under the Fair Labor Standards Act in accordance with subsection (c). (B) The Director of the Office of Personnel Management— (i) shall identify the situations in which a firefighter shall be deemed to have worked hours actually worked by a substituting firefighter under a qualified trade-of-time arrangement; and (ii) may adopt necessary policies governing the treatment of both a substituting and substituted firefighter under a qualified trade-of-time arrangement, without regard to how those firefighters would otherwise be treated under other provisions of law or regulation. (2) In this subsection— (A) the term firefighter means an employee— (i) the work schedule of whom includes 24-hour duty shifts; and (ii) who— (I) is a firefighter, as defined in section 8331(21) or 8401(14); (II) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would so qualify if such employee had transferred directly to such position after serving as a firefighter within the meaning of such section; (III) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(14)(A) and (B) for at least 3 years; and (IV) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subclause (I), (II), or (III) if the employee were subject to subchapter III of chapter 83 or chapter 84; and (B) the term qualified trade-of-time arrangement means an arrangement under which 2 firefighters who are subject to the supervision of the same fire chief agree, solely at their option and with the approval of the employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity..", "id": "H1E742AD61CF14005A57C6F51CAA32079", "header": "Treatment of hours worked under a qualified trade-of-time arrangement" }, { "text": "1111. Parental bereavement leave \n(a) In general \nSubchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329d. Parental bereavement leave \n(a) Definitions \nIn this section— (1) the terms employee and son or daughter have the meanings given those terms in section 6381; and (2) the term paid leave means, with respect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is otherwise entitled under law; or (C) credit for time or service. (b) Bereavement leave \n(1) In general \nSubject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee. (2) Limitation \nLeave under paragraph (1) may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. (3) Notice \nIn any case in which the necessity for leave under this subsection is foreseeable, the employee shall provide the employing agency with such notice as is reasonable and practicable.. (b) Technical and conforming amendment \nThe table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329d. Parental bereavement leave..", "id": "H8CBC5A3833094CF882696BD2D1B7379F", "header": "Parental bereavement leave" }, { "text": "6329d. Parental bereavement leave \n(a) Definitions \nIn this section— (1) the terms employee and son or daughter have the meanings given those terms in section 6381; and (2) the term paid leave means, with respect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is otherwise entitled under law; or (C) credit for time or service. (b) Bereavement leave \n(1) In general \nSubject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee. (2) Limitation \nLeave under paragraph (1) may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. (3) Notice \nIn any case in which the necessity for leave under this subsection is foreseeable, the employee shall provide the employing agency with such notice as is reasonable and practicable.", "id": "HC5FDDFDF3EBD445F9B2D2B51713C153A", "header": "Parental bereavement leave" }, { "text": "1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas \nSubsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4615), as most recently amended by section 1105 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking through 2021 and inserting through 2022.", "id": "HC818063EC76E497F8B7D4E3F1FEC2213", "header": "One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas" }, { "text": "1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel \nSection 1132 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.) is amended— (1) in subsection (a), by striking through 2021 and inserting through 2026 ; (2) by redesignating subsection (f) as subsection (h); and (3) by inserting after subsection (e) the following: (f) Data collection requirement \nThe Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of— (1) developing and sharing best practices; and (2) providing information to the leadership of the Department and Congress on the implementation of the pilot program and related policy issues. (g) Briefing \nNot later than 90 days after the end of each of fiscal years 2022 through 2026, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate including— (1) a description of the effect of this section on the management of civilian personnel at domestic defense industrial base facilities and Major Range and Test Facilities Base during the most recently ended fiscal year; and (2) the number of employees— (A) hired under such section during such fiscal year; and (B) expected to be hired under such section during the fiscal year in which the briefing is provided..", "id": "HBBB0C3CA05AE4F75804AA65AF45E09D1", "header": "Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel" }, { "text": "1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone \nParagraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 ( Public Law 109–234 ; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4616) and as most recently amended by section 1106 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking 2022 and inserting 2023.", "id": "H5000DE31B4CD42979C94B470332B7BA7", "header": "One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone" }, { "text": "1115. Assessment of Accelerated Promotion Program suspension \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall conduct an assessment of the impacts resulting from the Navy’s suspension in 2016 of the Accelerated Promotion Program (in this section referred to as the APP ). The Inspector General may consult with the Secretary of the Navy in carrying out such assessment, but the Navy may not play any other role in such assessment. (b) Elements \nThe assessment required under subsection (a) shall include the following elements: (1) An identification of the employees who were hired at the four public shipyards between January 23, 2016, and December 22, 2016, covering the period in which APP was suspended, and who would have otherwise been eligible for APP had the program been in effect at the time they were hired. (2) An assessment for each employee identified in paragraph (1) to determine the difference between wages earned from the date of hire to the date on which the wage data would be collected and the wages which would have been earned during this same period should that employee have participated in APP from the date of hire and been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension. (3) An assessment for each employee identified in paragraph (1) to determine at what grade and step each effected employee would be at on October 1, 2020, had that employee been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension. (4) An evaluation of existing authorities available to the Secretary to determine whether the Secretary can take measures using those authorities to provide the pay difference and corresponding interest, at a rate of the federal short–term interest rate plus 3 percent, to each effected employee identified in paragraph (2) and directly promote the employee to the grade and step identified in paragraph (3). (c) Report \nThe Inspector General of the Department of Defense shall submit, to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of the evaluation by not later than 270 days after the date of enactment of this Act, and shall provide interim briefings upon request.", "id": "H3376FCA1CC684418B8CA81C2100D415C", "header": "Assessment of Accelerated Promotion Program suspension" }, { "text": "1116. Increase in allowance based on duty at remote worksites \n(a) Assessment and rate \nNot later than March 31, 2022, the Director of the Office of Personnel Management shall complete an assessment of the remote site pay allowance under section 5942 of title 5, United States Code, and propose a new rate of such allowance, adjusted for inflation, and submit such assessment and rate to the President and to Congress. (b) Application \nBeginning on the first day of the first pay period beginning after the date the Director submits the assessment and rate under subsection (a), such rate shall, notwithstanding subsection (a) of such section 5942, be the rate of such allowance.", "id": "HA3C913F1DBD24A3BBF79CA537ED9530B", "header": "Increase in allowance based on duty at remote worksites" }, { "text": "1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees \n(a) In general \nExcept as provided in subsection (b), in addition to the prohibition set forth in section 208 of title 18, United States Code, an officer or employee of the Department of Defense may not knowingly participate personally and substantially in any particular matter involving specific parties where any of the following organizations is a party or represents a party to the matter: (1) Any organization, including a trade organization, for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 2 years. (2) Any organization with which the officer or employee is seeking employment. (b) Authorization \nAn agency designee may authorize the officer or employee to participate in a matter described in paragraph (a) based on a determination, made in light of all relevant circumstances, that the interest of the Government in the officer or employee's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs and operations. (c) Construction \nNothing in this section shall be construed to terminate, alter, or make inapplicable any other prohibition or limitation in law or regulation on the participation of officers or employees of the Department of Defense in particular matters having an effect on their or related financial or other personal interests.", "id": "HE666C4AEC5F44EB099281E4527C32B89", "header": "Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees" }, { "text": "1118. Occupational series for digital career fields \nNot later than 270 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall, pursuant to chapter 51 of title 5, United States Code, establish or update one or more occupational series covering Federal Government positions in the fields of software development, software engineering, data science, and data management.", "id": "HA25B128914EE4B5287C6EF646B1B6A10", "header": "Occupational series for digital career fields" }, { "text": "1201. Administrative support and payment of certain expenses for covered foreign defense personnel \n(a) In general \nSubchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section: 334. Administrative support and payment of certain expenses for covered foreign defense personnel \n(a) In general \nThe Secretary of Defense may— (1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and (2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are— (A) from a developing country; and (B) assigned to the headquarters of the United Nations Command. (b) Types of expenses \nThe types of expenses that may be paid under the authority of subsection (a)(2) are the following: (1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel. (2) Personal expenses directly related to carrying out such duties. (3) Expenses for medical care at a military medical facility. (4) Expenses for medical care at a civilian medical facility, if— (A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility; (B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and (C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement. (5) Mission-related travel expenses, if— (A) such travel is in direct support of the national interests of the United States; and (B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations. (c) Reimbursement \nThe Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement. (d) Definitions \nIn this section: (1) The term administrative services and support means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services. (2) The term covered foreign defense personnel means members of the military of a foreign country who are assigned to— (A) the United Nations Command; or (B) the Neutral Nations Supervisory Commission. (3) The term developing country has the meaning given the term in section 301(4) of this title. (4) The term Neutral Nations Supervisory Commission means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements. (5) The term United Nations Command means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard.. (b) Conforming amendment \nThe table of sections at the beginning of subchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new item: 334. Administrative support and payment of certain expenses for covered foreign defense personnel..", "id": "H71B0BF3994634CF8B1FCCAD0C75E791B", "header": "Administrative support and payment of certain expenses for covered foreign defense personnel" }, { "text": "334. Administrative support and payment of certain expenses for covered foreign defense personnel \n(a) In general \nThe Secretary of Defense may— (1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and (2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are— (A) from a developing country; and (B) assigned to the headquarters of the United Nations Command. (b) Types of expenses \nThe types of expenses that may be paid under the authority of subsection (a)(2) are the following: (1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel. (2) Personal expenses directly related to carrying out such duties. (3) Expenses for medical care at a military medical facility. (4) Expenses for medical care at a civilian medical facility, if— (A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility; (B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and (C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement. (5) Mission-related travel expenses, if— (A) such travel is in direct support of the national interests of the United States; and (B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations. (c) Reimbursement \nThe Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement. (d) Definitions \nIn this section: (1) The term administrative services and support means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services. (2) The term covered foreign defense personnel means members of the military of a foreign country who are assigned to— (A) the United Nations Command; or (B) the Neutral Nations Supervisory Commission. (3) The term developing country has the meaning given the term in section 301(4) of this title. (4) The term Neutral Nations Supervisory Commission means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements. (5) The term United Nations Command means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard.", "id": "H7059A26592904CFBA0EF8A54CC701A59", "header": "Administrative support and payment of certain expenses for covered foreign defense personnel" }, { "text": "1202. Authority for certain reimbursable interchange of supplies and services \nSection 2571 of title 10, United States Code, is amended— (1) by amending subsection (b) to read as follows: (b) (1) If its head approves, a department or organization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those departments or organizations, with or without reimbursement or transfer of funds. (2) Use of the authority under this section for reimbursable support is limited to support for the purpose of providing assistance to a foreign partner pursuant to section 333 and section 345 of this title. ; and (2) by adding at the end the following new subsection: (e) (1) An order placed by a department or organization on a reimbursable basis pursuant to subsection (b) shall be considered to be an obligation in the same manner as an order placed under section 6307 of title 41. (2) Amounts received as reimbursement shall be credited in accordance with section 2205 of this title to the appropriation of the supporting department or organization used in incurring the obligation in the year or years that support is provided..", "id": "H18993F2A8829414EACCC072181F3713A", "header": "Authority for certain reimbursable interchange of supplies and services" }, { "text": "1203. Extension of support of special operations for irregular warfare \nSection 1202(a) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1639) is amended by striking 2023 and inserting 2025.", "id": "HC3EE50955BFA413994827291B6D32708", "header": "Extension of support of special operations for irregular warfare" }, { "text": "1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces \nSection 1205(f) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ) is amended— (1) in paragraph (1)— (A) by striking and 2020 and inserting , 2020, and 2022 ; and (B) by striking section 2282 of title 10, United States Code (as so added) and inserting subsections (a)(1) and (e)(7)(B) of section 333 of title 10, United States Code ; and (2) in paragraph (2)— (A) by redesignating subparagraph (E) as subparagraph (H); and (B) by inserting after subparagraph (D) the following: (E) An evaluation of coordination by the Department of Defense with foreign countries under the program or programs, as applicable. (F) A description and evaluation of the methodology used by the Department of Defense to evaluate the effectiveness of training under the program or programs. (G) An analysis of the methodology used by the Department of Defense to evaluate the effectiveness of the program or programs to develop the institutional capacity of the foreign countries..", "id": "H11CAEF33FDA34BD6B27F7EECDE198EDE", "header": "Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces" }, { "text": "1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security \n(a) Authority \nFor fiscal year 2022, the Secretary of Defense is authorized to pay for the travel, subsistence, and similar personnel expenses of the national security forces of a friendly foreign country to participate in the training program of the United States-Colombia Action Plan for Regional Security conducted at a facility in Colombia. (b) Notification \nNot later than 15 days before the exercise of the authority under subsection (a), the Secretary shall provide to the congressional defense committees a written notification that includes the following: (1) An identification of the foreign country, and the specific unit of the national security forces of such country, the capacity of which will be built by participating in such training program. (2) The amount of support to be provided under that subsection. (3) An identification of the United States equipment purchased or acquired by such foreign country, for the use of which training is being provided under such training program. (4) A description of the specific capabilities to be built through such training program with such support. (5) A detailed description of the manner in which building the capabilities of such country through such training program advances the national security interests of the United States. (6) A detailed assessment of the effectiveness of such training program in meeting Department of Defense requirements for building the capacity of such country. (c) Source of funds \nOf the amounts authorized to be appropriated for fiscal year 2022 for the Department of Defense for operation and maintenance, Defense-wide, the Secretary may obligate or expend not more than $2,000,000 to pay for expenses described in subsection (a) for such fiscal year. (d) Limitation \nThe provision of support under subsection (a) shall be subject to section 362 of title 10, United States Code.", "id": "H1AE4298893684191B99F554CBA3E1C79", "header": "Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security" }, { "text": "1206. Security cooperation strategy for certain combatant commands \n(a) In general \nThe Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a security cooperation strategy for each covered combatant command, which shall apply to the security cooperation programs and activities of the Department of Defense (as defined in section 301 of title 10, United States Code). (b) Elements \nThe strategy for each covered combatant command required by subsection (a) shall include the following: (1) A discussion of how the strategy will— (A) support and advance United States national security interests in strategic competition with near-peer rivals; (B) prioritize and build key capabilities of allied and partner security forces so as to enhance bilateral and multilateral interoperability and responsiveness; (C) prioritize and build the capabilities of foreign partner security forces to secure their own territory, including through operations against violent extremist groups; (D) promote and build institutional capabilities for observance of, and respect for— (i) the law of armed conflict; (ii) human rights and fundamental freedoms; (iii) the rule of law; and (iv) civilian control of the military; and (E) support the programs and activities of law enforcement and civilian agencies, as appropriate, to counter the threat of and reduce risks from illicit drug trafficking and other forms of transnational organized crime. (2) A statement of the security cooperation strategic objectives for— (A) the covered combatant command; and (B) the covered combatant command in conjunction with other covered combatant commands. (3) A description of the primary security cooperation lines of effort for achieving such strategic objectives, including prioritization of foreign partners within the covered combatant command. (4) A description of the Department of Defense authorities to be used for each such line of effort and the manner in which such authorities will contribute to achieving such strategic objectives. (5) A description of the institutional capacity-building programs and activities within the covered combatant command and an assessment of the manner in which such programs and activities contribute to achieving such strategic objectives. (6) A description of Department of Defense educational programs and institutions, and international institutions, relevant to the combatant command and an assessment of the manner in which such programs and institutions contribute to achieving such strategic objectives. (7) A discussion of the manner in which the development, planning, and implementation of programs or activities under Department of Defense security cooperation authorities are coordinated and deconflicted with security assistance and other assistance authorities of the Department of State and other civilian agencies. (c) Reports \n(1) Initial report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the security cooperation strategy for each covered combatant command developed under subsection (a). (2) Subsequent reports \nBeginning in fiscal year 2023, and annually thereafter through fiscal year 2027, concurrently with the submittal of the report required by section 386(a) of title 10, United States Code, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the implementation of the security cooperation strategy for each covered combatant command developed under subsection (a). (d) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Covered combatant command \nThe term covered combatant command means— (A) the United States European Command; (B) the United States Indo-Pacific Command; (C) the United States Central Command; (D) the United States Africa Command; (E) the United States Southern Command; and (F) the United States Northern Command.", "id": "H7AE7B9A079AE4D0A8061CA7851024A9F", "header": "Security cooperation strategy for certain combatant commands" }, { "text": "1207. Report on security cooperation programs \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report that— (1) reviews the existing requirements for conducting human rights training of foreign national security forces pursuant to security cooperation authorities under chapter 16 of title 10, United States Code; (2) reviews current Department of Defense practices and procedures for collecting data under such authorities for purposes of assessing, monitoring, and evaluating the effectiveness of such human rights training programs and assessing compliance with section 362 of title 10, United States Code; and (3) evaluates the effectiveness of human rights training described in paragraph (1) to contribute to United States national security objectives. (b) Matters to be included \nThe report required by subsection (a) may include recommendations for measures to improve the effectiveness of human rights training or to promote observation of and respect for human rights and fundamental freedoms, the rule of law, and civilian control of the military. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "H4EAE2D0390AA4D12B94A61809EABFD96", "header": "Report on security cooperation programs" }, { "text": "1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan \nIt is the sense of Congress that— (1) the servicemembers of the United States Armed Forces who served in Afghanistan represent the very best of the United States; (2) the service of those who returned home from war with wounds seen and unseen and those who died in defense of the Nation are not forgotten; (3) the United States honors these brave members of the Armed Forces and their families; and (4) the United States shall never forget the services they rendered and the sacrifices they and their families made in the defense of a grateful Nation.", "id": "HBAD6651A45A34E15A9B7DEA679C842A0", "header": "Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan" }, { "text": "1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations \nSection 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 393) is amended— (1) in subsection (a), by striking for the period beginning on October 1, 2020, and ending on December 31, 2021 and inserting for the period beginning on October 1, 2021, and ending on December 31, 2022 ; and (2) in subsection (d)— (A) by striking during the period beginning on October 1, 2020, and ending on December 31, 2021 and inserting during the period beginning on October 1, 2021, and ending on December 31, 2022 ; and (B) by striking $180,000,000 and inserting $60,000,000.", "id": "HDB967F3E48F94A0489AD80A9BBC9E1E8", "header": "Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations" }, { "text": "1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban \n(a) Prohibition \nNone of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available— (1) to provide any funds or resources to the Taliban; or (2) to conduct any military cooperation or sharing of military intelligence with the Taliban, unless the Secretary of Defense determines that such cooperation or sharing advances the national security interests of the United States. (b) Notification \n–— (1) Submission required \nIf the Secretary makes an affirmative determination described in subsection (1)(a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written description of the military cooperation or military intelligence that was shared with the Taliban pursuant to such determination, not later than 5 days after the date of such cooperation or sharing. The Secretary shall include with such description any other matter the Secretary determines relevant. (2) Form \nThe information described in paragraph (1) shall be submitted in an unclassified format and may include a classified annex.", "id": "HD93BE855BD8D429296D9043243BB6283", "header": "Prohibition on transfer of Department of Defense funds or resources to the Taliban" }, { "text": "1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan \nNone of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available for the operation of any aircraft of the Department of Defense to transport currency or other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any subsidiary, agent, or instrumentality of either the Taliban or the Islamic Emirate of Afghanistan.", "id": "HB91654EA0B014B5CB782D61ADB72FCDE", "header": "Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan" }, { "text": "1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces \nNone of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2022 may be used to remove from the website of the Department of Defense or any other agency publicly available accountings of military assistance provided to the Afghan security forces that was publicly available online as of July 1, 2021.", "id": "HC744454D2F55405BA48ED1F7BD9A568E", "header": "Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces" }, { "text": "1216. Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to appropriate congressional committees a joint report on the use of the Department of Defense Synchronized Predeployment and Operational Tracker database (in this section referred to as the SPOT database ) to verify the existence, for the purpose of determining eligibility for special immigrant visa (SIV) program, of— (1) Department of Defense contracts; (2) employment of Afghans who worked for the United States Government; and (3) biographic data. (b) Elements of joint report \nThe joint report required under subsection (a) shall— (1) evaluate the improvements in the SIV process following the use of the SPOT database to verify SIV applications, including the extent to which use of SPOT expedited SIV processing, reduced the risk of fraudulent documents, and the extent to which the SPOT database could be used for future SIV programs; (2) identify obstacles that persisted in documenting the identity and employment of locally employed staff and contractors after the use of the SPOT database in the SIV process; and (3) recommend the changes to the SPOT database that would be necessary to make it a centralized interagency database of personnel and employment data that can be used to adjudicate SIV eligibility for those employed under United States Government contracts, grants, or cooperative agreements. (c) Consultation \nFor the purposes of preparing the joint report required under this section, the Secretary of Defense and the Secretary of State shall consult with the Administrator of the United States Agency for International Development and the Secretary of Homeland Security. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.", "id": "H687EBE9817CF42B0B5E3A8932E1CB535", "header": "Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information" }, { "text": "1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Commander of United States Central Command, shall submit to the congressional defense committees a report regarding the covered United States equipment, property, and classified material and money in cash that was destroyed or abandoned in Afghanistan or removed from Afghanistan during the covered period. Such report shall include each of the following: (1) A determination of the value of the covered United States equipment, property, and classified material that was destroyed or abandoned, disaggregated by military department and itemized to the most specific feasible level. (2) An itemized list of destroyed or abandoned aircraft in Afghanistan and the location and condition of aircraft flown out of Afghanistan formerly possessed by the Afghan Air Force or the former government of Afghanistan. (3) An itemized list of destroyed or abandoned weapons, weapon systems, components of weapons or weapon systems, ammunition, explosives, missiles, ordnance, bombs, mines, or projectiles, disaggregated by military department. (4) For each item on a list referred to in paragraphs (2) and (3), an explanation of the legal authority relied upon to destroy or abandon that specific item. (5) An evaluation of the capabilities of the Taliban post-withdrawal as a result of their seizure of abandoned covered United States equipment, property, and classified material, including an evaluation of the capabilities of the Taliban post-withdrawal to monetize through the transfer of abandoned covered United States equipment, property, and classified material to adversaries of the United States. (6) An assessment of aircraft flown out of Afghanistan formerly possessed by the Afghan Air Force or the former government of Afghanistan that could be returned to the Taliban or to the Islamic Emirate of Afghanistan by other countries. (7) An assessment of the damage to the national security interests of the United States as a result of the destroyed or abandoned covered United States equipment, property, and classified material. (8) An assessment of the feasibility of disabling, destroying, recovering, or recapturing abandoned covered United States equipment, property, and classified material in and outside of Afghanistan and any plans to do so. (9) Available imagery or photography depicting the Taliban or other countries possessing abandoned covered United States equipment, property, and classified material. (b) Executive summary of report \nThe report required under subsection (a) shall include an executive summary of the report, which shall be unclassified and made publicly available. (c) Briefing \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense, the Secretaries of the military departments, and the Commander of United States Central Command shall provide to the congressional defense committees a briefing on the report required by this section. (d) Definitions \nIn this section: (1) Covered United States equipment, property, and classified material \nThe term covered United States equipment, property, and classified material means any of the following items formerly owned by the Government of the United States or provided by the United States to the former government or military of Afghanistan during the covered period: (A) Real property, including any lands, buildings, structures, utilities systems, improvements, and appurtenances, thereto, including equipment attached to and made part of buildings and structures, but not movable equipment. (B) Personal property, including property of any kind or any interest therein, except real property. (C) Equipment, including all nonexpendable items needed to outfit or equip an individual or organization. (D) Classified information, in any form, including official information that has been determined to require, in the interests of national security, protection against unauthorized disclosure and which has been so designated. (2) Covered period \nThe term covered period means the period beginning on February 29, 2020, and ending on the date of the enactment of this Act.", "id": "H68F23A9651574A7892F33F0481ECF5B5", "header": "Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan" }, { "text": "1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals \n(a) Extension \nSubsection (a) of section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 127 Stat. 3451) is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Notice before provision of assistance \nSubsection (b)(2) of such section is amended by striking subparagraph (A) and inserting the following: (A) not later than 15 days before the expenditure of each 25 percent of the total amount authorized to be appropriated in any fiscal year under this section; or. (c) Waiver authority \nSubsection (l) of such section is amended by adding at the end the following: (3) Waiver authority \n(A) In general \nThe President may waive the limitation under paragraph (1)(A) on a per project basis for the purposes of providing support authorized under subsection (a)(4) if the President— (i) determines that the waiver is in the national security interest of the United States; and (ii) submits to the appropriate congressional committees a notification of the exercise of the waiver. (B) Notice and wait \n(i) In general \nA project with respect to which the exercise of a waiver under subparagraph (A) applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by subparagraph (A)(ii). (ii) Matters to be included \nThe notification required by subparagraph (A)(ii) shall include the following: (I) A detailed plan and cost estimate for the project. (II) A certification by the President that facilities and activities relating to the project comply with— (aa) the law of armed conflict; (bb) internationally recognized human rights; (cc) the principle of non-refoulement; (dd) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and (ee) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). (III) An explanation of the national security interest addressed by the project. (iii) Appropriate congressional committees defined \nIn this subparagraph, the term appropriate congressional committees means— (I) the congressional defense committees; and (II) the Committee on Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (C) Update to plan and cost estimate \nUpon obligation of any funds to carry out a project with respect to which the exercise of a waiver under subparagraph (A) applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by subparagraph (B)(ii)(I). (D) Sunset \nThe waiver authority under this paragraph shall expire on December 31, 2022.. (d) Technical amendment \nThe table of contents for the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 127 Stat. 3293) is amended by striking the item relating to section 1209 and inserting the following: Sec. 1209. Authority to provide assistance to vetted Syrian groups and individuals..", "id": "HA242D92DD9AE48F5B770EA3D37E6AB62", "header": "Extension and modification of authority to provide assistance to vetted Syrian groups and individuals" }, { "text": "1222. Defense and diplomatic strategy for Syria \n(a) Report required \nNot later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State and in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report that contains a description of the United States defense and diplomatic strategy for Syria. (b) Elements \nThe report required by subsection (a) shall include the following elements: (1) A United States diplomatic strategy for Syria, including a description of the desired diplomatic objectives for advancing United States national interests in Syria, desired end-goals, and a description of the intended diplomatic and related foreign policy means to achieve such objectives, including engagement with key foreign actors operating in Syria such as Russia and Turkey. (2) A United States defense strategy for Syria, including a description of the security objectives the United States aims to achieve, including the objectives and desired end-state for the United States military presence in northeast Syria, envisioned transition timeline for security responsibilities to the Syrian Democratic Forces (SDF), and status of remaining ISIS elements, strategy to mitigate Turkish-SDF tensions, and a long-term approach to managing the threat of Iranian-aligned militias and forces operating in Syria to United States partners and interests. (3) A description of United States strategy and objectives for United States military support to and coordination with the Jaysh Maghawir al-Thawra (“MaT”) including transition plan and operational needs in and around Al-Tanf. (4) A plan for enduring security of ISIS detainees currently held in SDF secured facilities (including so-called “third country fighters” as well as Iraqi and Syrian national ISIS detainees) accounting for security of personnel and facilities involved. (5) A diplomatic strategy for securing the repatriation of remaining ISIS “third country fighters” to countries of origin, including a comprehensive breakdown of each country of origin and number of detainees yet to be repatriated. (6) A plan for the resettlement and disposition of ISIS connected women and children in remaining detention facilities, including roles and responsibilities of counter-ISIS coalition partners. (7) A detailed assessment of the security and humanitarian situation at the internally displaced persons camp at Rukban, including an overview of international efforts to reduce the camp’s population and United States policy options to ameliorate the situation. (8) A plan for diplomatic and humanitarian engagement with regional partners and multilateral institutions to ensure successful and safe delivery of continued humanitarian assistance to non-regime held areas of Syria. (9) An assessment of United States efforts to prevent normalization and rehabilitation of the Assad regime, to include addressing recent outreach to the Assad regime by United States partners. (10) An assessment of United States diplomatic efforts to prevent Syria’s re-entry into the Arab League. (11) An assessment of progress towards meeting the criteria specified in paragraphs (1) through (7) of section 7431(a) of the Caesar Syria Civilian Protection Act of 2019 ( Public Law 116–92 ; 133 Stat. 2297), required for suspension of sanctions against the Assad regime. (12) An assessment of United States efforts to seek accountability for the Assad regime’s crimes against the Syrian people, to include unlawful detention, forced disappearance, torture, starvation, and the use of chemical weapons. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined \nIn this section, the term “appropriate congressional committees” means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.", "id": "H2BE33E8394B24FC59DA0C6C74A6A436C", "header": "Defense and diplomatic strategy for Syria" }, { "text": "1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria \n(a) In general \nSubsection (a) of section 1236 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3558) is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Funding \nSubsection (g) of such section is amended— (1) by striking fiscal year 2021 and inserting fiscal year 2022 ; and (2) by striking $322,500,000 and inserting $345,000,000. (c) Assessment and authority To assist directly certain covered groups \nSubsection (l)(1)(B) of such section is amended— (1) by striking clause (ii); (2) (A) by redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (B) by redesignating clause (vii) as clause (xi); (3) in clause (iv), as redesignated, by striking , and once established, the Iraqi Sunni National Guard ; and (4) by inserting after clause (v), as redesignated, the following: (vi) Whether the Shia militias are gaining new malign capabilities or improving such capabilities, and whether the Government of Iraq is acting to counter or suppress those capabilities. (vii) Whether the Government of Iraq is acting to ensure the safety of United States Government personnel and citizens, as well as the safety of United States facilities. (viii) Whether the Government of Iraq is ensuring the safe and voluntary return of ethno-religious minority populations to their home communities in the Nineveh Plains region of Iraq. (ix) Whether the Government of Iraq has provided support and funding to institutionalize and make permanent local, representative, and regionally-based security forces. (x) An assessment of the impact of the Iraq and Syria Genocide Relief and Accountability Act of 2018 ( Public Law 115–300 ) on return rates of vulnerable, indigenous, ethno-religious groups, including Assyrians and Yazidis, in those areas of the Nineveh Plains region of Iraq in which assistance has been provided pursuant to subsection (a).. (d) Waiver authority \nSuch section, as so amended, is further amended by adding at the end the following: (o) Waiver authority \n(1) In general \nThe President may waive the dollar amount limitation in subsection (a) with respect to a construction, repair, or renovation project for the purposes of providing the support described in paragraph (2) if the President— (A) determines that the waiver is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a notification of the exercise of the waiver. (2) Support described \nThe support described in this paragraph is support relating to temporary humane detention of Islamic State of Iraq and Syria foreign terrorist fighters in accordance with all laws and obligations relating to the provision of such support, including, as applicable— (A) the law of armed conflict; (B) internationally recognized human rights; (C) the principle of non-refoulement; (D) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and (E) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). (3) Notice and wait \n(A) In general \nA project with respect to which the exercise of a waiver under paragraph (1) applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by paragraph (1)(B). (B) Matters to be included \nThe notification required by paragraph (1)(B) shall include the following: (i) A detailed plan and cost estimate for the project. (ii) A certification by the President that facilities and activities relating to the project comply with the laws and obligations described in paragraph (2). (iii) An explanation of the national security interest addressed by the project. (C) Appropriate congressional committees defined \nIn this paragraph, the term appropriate congressional committees means— (i) the congressional defense committees; and (ii) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (4) Update to plan and cost estimate \nUpon obligation of any funds to carry out a project with respect to which the exercise of a waiver under paragraph (1) applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by paragraph (3)(B)(i). (5) Sunset \nThe waiver authority under this subsection shall expire on December 31, 2022.. (e) Restriction on Counter-ISIS Train and Equip Fund \nAmounts authorized to be appropriated by this Act or the amendments made by this Act or otherwise made available for any fiscal year to the Counter-Islamic State of Iraq and Syria Train and Equip Fund are authorized to be made available only in support of partner forces eligible to receive assistance under section 1209(a) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3541) or subsection (a) of section 1236 of such Act, as amended by subsection (a) of this section. (f) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, shall submit to appropriate congressional committees a report that contains the following: (A) A comprehensive strategy and plan to train and build lasting and sustainable military capabilities of the Iraqi security forces, including the Kurdish Peshmerga, using existing authorities, which may include a memorandum of understanding with the Ministry of Peshmerga Affairs in coordination with the Government of Iraq. (B) A plan to engage the Government of Iraq and the Kurdistan Regional Government in security sector reform and strengthen and sustainably build the capacity of Iraq’s national defense and security institutions, including the Kurdish Peshmerga. (C) A description of the current status, capabilities, and operational capacity of remaining Islamic State of Iraq and Syria elements active in Iraq and Syria. (2) Appropriate congressional committees defined \nIn this subsection, the term appropriate congressional committees means— (A) the congressional defense committees; and (B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.", "id": "H480C4F0866B84DF49FB61D7EF95919D0", "header": "Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria" }, { "text": "1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq \n(a) Limitation on amount \nSubsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 113 note) is amended by striking fiscal year 2021 and inserting fiscal year 2022. (b) Source of funds \nSubsection (d) of such section is amended by striking fiscal year 2021 and inserting fiscal year 2022. (c) Limitation on availability of funds \nSubsection (h) of such section is amended to read as follows: (h) Limitation on availability of funds \nOf the amount authorized to be appropriated by this Act for fiscal year 2022 to carry out this section, not more than $10,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report that— (1) details further steps to reorganize the Office in a manner similar to that of other security cooperation offices in the region and indicates whether such reorganization will be achieved by 2023; (2) describes progress made toward the continuation of bilateral engagement with the Government of Iraq, with the objective of establishing a joint mechanism for security assistance planning; (3) includes a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform; and (4) describes progress made toward, and a timeline for, the transition of the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years..", "id": "H93A7CF1B01BE4EE994B101750C4F65F0", "header": "Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq" }, { "text": "1225. Prohibition on transfers to Badr Organization \nNone of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available, directly or indirectly, to the Badr Organization.", "id": "HAD0020EDA3FC40FE87FC187E7726A58F", "header": "Prohibition on transfers to Badr Organization" }, { "text": "1226. Prohibition on transfers to Iran \nNone of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available to transfer or facilitate a transfer of pallets of currency, currency, or other items of value to the Government of Iran, any subsidiary of such Government, or any agent or instrumentality of Iran.", "id": "H1334C48BF3DC4806A0B9DBB07265B0A0", "header": "Prohibition on transfers to Iran" }, { "text": "1227. Report on the military capabilities of Iran and related activities \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report that includes the following: (1) A detailed description of each of the following: (A) Advancements in the military capabilities of Iran, including capabilities of the Islamic Revolutionary Guard Corps, the Quds Force, the Artesh, and the Basij. (B) All known instances of the supply, sale, or transfer of arms or related materiel, including spare parts, to or from Iran. (C) All known instances of missile launches by Iran, including for the purposes of testing and development or use in military operations. (D) Changes to the military capabilities of Iran-backed groups, most notably Lebanese Hezbollah, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the Houthis). (2) An assessment of each of the following: (A) Impacts that the imposition or revocation of unilateral United States economic sanctions on Iran may have on the military capabilities of entities described in subparagraphs (A) and (D) of paragraph (1). (B) Acts of violence and intimidation that Iranian-backed militias in Iraq have committed against Iraqi civilians. (C) The threat that Iranian-backed militias in Iraq pose to United States personnel in Iraq and in the Middle East, including United States Armed Forces and diplomats. (D) The threat Iranian-backed militias in Iraq pose to United States partners in the region. (E) The role that Iranian-backed militias in Iraq, including the Badr Organization, play in Iraq’s armed forces and security services, including Iraq’s Popular Mobilization Forces. (F) The United Nations arms embargo on Iran’s ability to supply, sell, or transfer, directly or indirectly, arms or related materiel while the embargo was in effect. (G) Iran’s use of kidnapping operations against United States citizens and an analysis of opportunities to counter such actions or impose costs on Iran. (b) Time period \nExcept as otherwise provided, the report required by subsection (a) shall cover developments during the period beginning in June 2018 and ending on the day before the date on which the report is submitted. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "HBE5188D834BE4E58B42DC955A69D5E2F", "header": "Report on the military capabilities of Iran and related activities" }, { "text": "1228. Sense of Congress on enrichment of uranium by Iran \nIt is the sense of Congress that— (1) the Government of Iran’s decision to enrich uranium up to 60 percent purity is a further escalation and shortens the breakout time to produce enough highly enriched uranium to develop a nuclear weapon; and (2) the Government of Iran should immediately abandon any pursuit of a nuclear weapon.", "id": "H8686012488C9436EA8FED1F2FDE5277A", "header": "Sense of Congress on enrichment of uranium by Iran" }, { "text": "1231. Extension of limitation on military cooperation between the United States and the Russian Federation \nSection 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) is amended by striking 2020, or 2021 and inserting 2020, 2021, or 2022.", "id": "H2D04EBF8AF3D4B1491508B312F766174", "header": "Extension of limitation on military cooperation between the United States and the Russian Federation" }, { "text": "1232. Extension of Ukraine Security Assistance Initiative \nSection 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1068) is amended as follows: (1) In subsection (c)— (A) in paragraph (1), by striking funds available for fiscal year 2021 pursuant to subsection (f)(6) and inserting funds available for fiscal year 2022 pursuant to subsection (f)(7) ; (B) in paragraph (3), by striking fiscal year 2021 and inserting fiscal year 2022 ; and (C) in paragraph (5), by striking Of the funds available for fiscal year 2021 pursuant to subsection (f)(6) and inserting Of the funds available for fiscal year 2022 pursuant to subsection (f)(7). (2) In subsection (f), by adding at the end the following: (7) For fiscal year 2022, $300,000,000.. (3) In subsection (h), by striking December 31, 2023 and inserting December 31, 2024.", "id": "H32F7CBBEA95A45EFA15C6EC2BD5B4F98", "header": "Extension of Ukraine Security Assistance Initiative" }, { "text": "1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises \nSubsection (h) of section 1251 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended— (1) in the first sentence, by striking December 31, 2023 and inserting December 31, 2024 ; and (2) in the second sentence, by striking the period beginning on October 1, 2015, and ending on December 31, 2023 and inserting the period beginning on October 1, 2015, and ending on December 31, 2024..", "id": "H98FAE3D696F1457E9F4FA2D65C7D0938", "header": "Extension of authority for training for Eastern European national security forces in the course of multilateral exercises" }, { "text": "1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea \n(a) Prohibition \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea. (b) Waiver \nThe Secretary of Defense, with the concurrence of the Secretary of State, may waive the prohibition under subsection (a) if the Secretary of Defense— (1) determines that a waiver is in the national security interest of the United States; and (2) on the date on which the waiver is invoked, submits a notification of the waiver and a justification of the reason for seeking the waiver to— (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.", "id": "H255F7095ABB841F7813492161881F7E0", "header": "Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea" }, { "text": "1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act and biennially thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of any other appropriate departments or agencies, shall jointly submit to the appropriate congressional committees a report on Russian influence operations and campaigns that target United States military alliances and partnerships. (b) Elements \nThe report required under subsection (a) shall include each of the following: (1) An assessment of Russia’s objectives for influence operations and campaigns targeting United States military alliances and partnerships, including the North Atlantic Treaty Organization, its allies, and partner countries, and how such operations and campaigns relate to Russia’s broader strategic aims. (2) The activities and roles of the Department of Defense and Department of State in the United States Government strategy to counter such Russian influence operations and campaigns. (3) A comprehensive list of specific Russian state and non-state entities, or those of any other country with which Russia may cooperate, involved in supporting such Russian influence operations and campaigns and the role of each such entity in such support. (4) An identification of the tactics, techniques, and procedures used in previous Russian influence operations and campaigns. (5) An assessment of the impact of previous Russian influence operations and campaigns targeting United States military alliances and partnerships, including the views of senior Russian officials about the effectiveness of such operations and campaigns in achieving Russian objectives. (6) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that has been targeted by Russian influence operations and campaigns. (7) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that may be targeted in future Russian influence operations and campaigns, and an assessment of the likelihood that each such ally, partner, or alliance will be targeted. (8) An assessment of the capacity and efforts of each United States ally and partner, and each military alliance of which the United States is a member, to counter Russian influence operations and campaigns. (9) An identification of tactics, techniques, and procedures likely to be used in future Russian influence operations and campaigns targeting United States military alliances and partnerships. (10) Recommended authorities or activities for the Department of Defense and Department of State in the United States Government strategy to counter such Russian influence operations and campaigns. (11) Any other matters the Secretaries determine appropriate. (c) Form \nThe report required under subsection (a) shall be submitted in unclassified form and in a manner appropriate for release to the public, but may include a classified annex. (d) Definitions \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.", "id": "H3FDEFFB9894A4449B4D38231AA829E1B", "header": "Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member" }, { "text": "1241. Extension and modification of Indo-Pacific Maritime Security Initiative \n(a) Assistance and training \nSubsection (a)(1) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended, in the matter preceding subparagraph (A), by striking for the purpose of and all that follows through Indian Ocean and inserting with the primary goal of increasing multilateral maritime security cooperation and maritime domain awareness of foreign countries in the area of responsibility of the United States Indo-Pacific Command. (b) Recipient countries \nSubsection (b) of such section is amended to read as follows: (b) Recipient countries \nThe foreign countries that may be provided assistance and training under subsection (a) are the countries located within the area of responsibility of the United States Indo-Pacific Command.. (c) Types of assistance and training \nSubsection (c)(1) of such section is amended by striking small-scale military construction and inserting small-scale construction (as defined in section 301 of title 10, United States Code). (d) Priorities for assistance and training \nSubsection (d) of such section is amended to read as follows: (d) Priorities for assistance and training \nIn developing programs for assistance or training to be provided under subsection (a), the Secretary of Defense shall prioritize assistance, training, or both, to enhance— (1) multilateral cooperation and coordination among recipient countries; or (2) the capabilities of a recipient country to more effectively participate in a regional organization of which the recipient country is a member.. (e) Incremental expenses of personnel of certain other countries for training \nSubsection (e) of such section is amended to read as follows: (e) Incremental expenses of personnel of recipient countries for training \nIf the Secretary of Defense determines that the payment of incremental expenses (as defined in section 301 of title 10, United States Code) in connection with training described in subsection (a)(1)(B) will facilitate the participation in such training of organization personnel of recipient countries described in subsection (b), the Secretary may use amounts available under subsection (f) for assistance and training under subsection (a) for the payment of such incremental expenses.. (f) Availability of funds \nSubsection (f) of such section is amended to read as follows: (f) Availability of funds \nOf the amounts authorized to be appropriated for each of fiscal years 2022 through 2027 for the Department of Defense, Operation and Maintenance, Defense-wide, $50,000,000 may be made available for the provision of assistance and training under subsection (a).. (g) Limitations \nSuch section is further amended— (1) by striking subsection (i); (2) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (3) by inserting after subsection (f) the following new subsection (g): (g) Limitations \n(1) Assistance otherwise prohibited by law \nThe Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (c) that is otherwise prohibited by any provision of law. (2) Prohibition on assistance to units that have committed gross violations of human rights \nThe provision of assistance pursuant to a program under subsection (a) shall be subject to the provisions of section 362 of title 10, United States Code. (3) Security cooperation \nAssistance, training, and exercises with recipient countries described in subsection (b) shall be planned and prioritized consistent with applicable guidance relating to the security cooperation program and activities of the Department of Defense. (4) Assessment, monitoring, and evaluation \nThe provision of assistance and training pursuant to a program under subsection (a) shall be subject to the provisions of section 383 of title 10, United States Code.. (h) Notice to Congress on assistance and training \nSubsection (h)(1) of such section, as so redesignated, is amended— (1) by amending subparagraph (B) to read as follows: (B) A detailed justification of the program for the provision of the assistance or training concerned, its relationship to United States security interests, and an explanation of the manner in which such assistance or training will increase multilateral maritime security cooperation or maritime domain awareness. ; and (2) in subparagraph (G) by striking the geographic combatant command concerned and inserting the United States Indo-Pacific Command. (i) Annual monitoring report \nSubsection (i) of such section, as so redesignated, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking March 1, 2020 and inserting March 1, 2022 ; (B) by redesignating subparagraphs (A) through (G) as subparagraphs (B) through (H), respectively; (C) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): (A) The overall strategy for improving multilateral maritime security cooperation and maritime domain awareness across the theater, including an identification of the following: (i) Priority countries and associated capabilities across the theater. (ii) Strategic objectives for the Indo-Pacific Maritime Security Initiative across the theater, lines of effort, and desired end results for such lines of effort. (iii) Significant challenges to improving multilateral maritime security cooperation and maritime domain awareness across the theater and the manner in which the United States Indo-Pacific Command is seeking to address such challenges. ; and (D) in subparagraph (B), as so redesignated— (i) in clause (ii), by striking the semicolon and inserting ; and ; and (ii) by adding at the end the following new clause: (iii) how such capabilities can be leveraged to improve multilateral maritime security cooperation and maritime domain awareness. ; and (2) in paragraph (2), by striking subsection (g)(2) and inserting subsection (h)(2). (j) Expiration \nSubsection (j) of such section is amended by striking December 31, 2025 and inserting December 31, 2027.", "id": "HBB9DD143EF084244B32E22EEC0B5DCFA", "header": "Extension and modification of Indo-Pacific Maritime Security Initiative" }, { "text": "1242. Extension and modification of Pacific Deterrence Initiative \n(a) Extension \nSubsection (c) of section 1251 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended to read as follows: (c) Funding \nOf the amounts authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2022 for the Department of Defense for fiscal year 2022, there is authorized to be appropriated for the Pacific Deterrence Initiative such sums as may be necessary, as indicated in sections 4101, 4201, 4301, and 4601 of such Act.. (b) Report on resourcing united states defense requirements for the indo-pacific region and study on competitive strategies \nSuch section is further amended— (1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; (2) by inserting after subsection (c) the following new subsection (d): (d) Report on resourcing united states defense requirements for the indo-pacific region and study on competitive strategies \n(1) Report required \n(A) In general \nAt the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives: (i) The implementation of the National Defense Strategy with respect to the Indo-Pacific region. (ii) The maintenance or restoration of the comparative military advantage of the United States with respect to the People’s Republic of China. (iii) The reduction of the risk of executing contingency plans of the Department of Defense. (B) Matters to be included \nThe report required under subparagraph (A) shall include the following: (i) With respect to the achievement of the objectives described in subparagraph (A), a description of the intended force structure and posture of assigned and allocated forces in each of the following: (I) West of the International Date Line. (II) In States outside the contiguous United States east of the International Date Line. (III) In the contiguous United States. (ii) An assessment of capabilities requirements to achieve such objectives. (iii) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (iv) An identification of required infrastructure and military construction investments to achieve such objectives. (v) An assessment of security cooperation activities or resources required to achieve such objectives. (vi) (I) A plan to fully resource United States force posture and capabilities, including— (aa) a detailed assessment of the resources necessary to address the elements described in clauses (i) through (v), including specific cost estimates for recommended investments or projects— (AA) to modernize and strengthen the presence of the United States Armed Forces, including those with advanced capabilities; (BB) to improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel; (CC) to carry out a program of exercises, training, experimentation, and innovation for the joint force; (DD) to improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces; (EE) to build the defense and security capabilities, capacity, and cooperation of allies and partners; and (FF) to improve capabilities available to the United States Indo-Pacific Command; (bb) a detailed timeline to achieve the intended force structure and posture described in clause (i). (II) The specific cost estimates required by subclause (I)(aa) shall, to the maximum extent practicable, include the following: (aa) With respect to procurement accounts— (AA) amounts displayed by account, budget activity, line number, line item, and line item title; and (BB) a description of the requirements for each such amount. (bb) With respect to research, development, test, and evaluation accounts— (AA) amounts displayed by account, budget activity, line number, program element, and program element title; and (BB) a description of the requirements for each such amount. (cc) With respect to operation and maintenance accounts— (AA) amounts displayed by account title, budget activity title, line number, and subactivity group title; and (BB) a description of the specific manner in which each such amount would be used. (dd) With respect to military personnel accounts— (AA) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and (BB) a description of the requirements for each such amount. (ee) With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year. (ff) With respect to any expenditure or proposed appropriation not described in items (aa) through (ee), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code. (C) Form \nThe report required under subparagraph (A) may be submitted in classified form, but shall include an unclassified summary. (D) Availability \nNot later than February 1 each year, the Commander of the United States Indo-Pacific Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service. (2) Briefings required \n(A) Initial briefing \nNot later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. (B) Subsequent briefing \nNot later than 30 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy shall provide to the congressional defense committees a joint briefing, and documents as appropriate, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. ; (3) by amending subsection (e), as redesignated, to read as follows: (e) Plan required \nAt the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a report on future year activities and resources for the Initiative that includes the following: (1) A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years, organized— (A) functionally, by the activities described in paragraphs (1) through (5) of subsection (b); and (B) geographically by— (i) areas west of the International Date Line; (ii) States outside the contiguous United States east of the International Date Line; and (iii) States in the contiguous United States. (2) A summary of progress made toward achieving the purposes of the Initiative. (3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability to achieve objectives in the region. (4) A detailed timeline to achieve the requirements identified under paragraph (3). (5) A detailed explanation of any significant modifications to such requirements, as compared to plans previously submitted under this subsection. (6) Any other matter, as determined by the Secretary. ; and (4) in subsection (g), as redesignated, by striking subsection (e) and inserting subsection (f).", "id": "H067AAEF31FFA4892A496AAE222FB4781", "header": "Extension and modification of Pacific Deterrence Initiative" }, { "text": "1243. Modification of annual report on military and security developments involving the People's Republic of China \nSection 1202 of the National Defense Authorization Act for Fiscal Year 2000 ( 10 U.S.C. 113 note) is amended to read as follows: 1202. Annual report on military and security developments involving the People’s Republic of China \n(a) Annual report \nNot later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China. (b) Matters to be included \nEach report under this section shall include analyses and forecasts, through the next 20 years, of the following: (1) The goals, factors, and trends shaping Chinese security strategy and military strategy. (2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following: (A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army. (B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission. (C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights. (3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following: (A) Chinese military-to-military relationships with other countries, including— (i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and (ii) military education programs conducted— (I) in the People’s Republic of China for militaries of other countries; or (II) in other countries for personnel of the People’s Liberation Army. (B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including— (i) a forecast of possible future sales and transfers; (ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and (iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China. (C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters. (4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. (5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including— (A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations; (B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and (C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes. (7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including— (A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and (B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in— (i) Latin America and the Caribbean; (ii) Africa; and (iii) the Indo-Pacific region, including the Pacific Islands. (8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following: (A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China. (B) The space and counter-space programs and capabilities. (C) The nuclear program and capabilities, including— (i) its nuclear strategy and associated doctrines; (ii) the size and state of its stockpile and projections of its future arsenals; (iii) its civil and military production capacities; and (iv) the modernization and force structure of its strategic forces. (D) The anti-access and area denial capabilities. (E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons. (9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including— (A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including— (i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and (ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and (B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts. (10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including— (A) the posture of the forces of the People’s Liberation Army facing Taiwan; and (B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ). (11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including— (A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and (B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner. (12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following: (A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy. (B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed. (C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts. (D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts. (E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. (F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China. (G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). (13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including— (A) United States military alliances and partnerships targeted or that may be targeted; (B) the objectives of such operations; (C) the tactics, techniques, and procedures used; and (D) the impact of such operations on military alliances and partnerships of which the United States is a member. (14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security. (c) Form \nEach report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Specified congressional committees defined \nIn this section, the term specified congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives..", "id": "H19F108225A2B4F0ABD18B4DA8176FB1A", "header": "Modification of annual report on military and security developments involving the People's Republic of China" }, { "text": "1202. Annual report on military and security developments involving the People’s Republic of China \n(a) Annual report \nNot later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China. (b) Matters to be included \nEach report under this section shall include analyses and forecasts, through the next 20 years, of the following: (1) The goals, factors, and trends shaping Chinese security strategy and military strategy. (2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following: (A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army. (B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission. (C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights. (3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following: (A) Chinese military-to-military relationships with other countries, including— (i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and (ii) military education programs conducted— (I) in the People’s Republic of China for militaries of other countries; or (II) in other countries for personnel of the People’s Liberation Army. (B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including— (i) a forecast of possible future sales and transfers; (ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and (iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China. (C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters. (4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. (5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including— (A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations; (B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and (C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes. (7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including— (A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and (B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in— (i) Latin America and the Caribbean; (ii) Africa; and (iii) the Indo-Pacific region, including the Pacific Islands. (8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following: (A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China. (B) The space and counter-space programs and capabilities. (C) The nuclear program and capabilities, including— (i) its nuclear strategy and associated doctrines; (ii) the size and state of its stockpile and projections of its future arsenals; (iii) its civil and military production capacities; and (iv) the modernization and force structure of its strategic forces. (D) The anti-access and area denial capabilities. (E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons. (9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including— (A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including— (i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and (ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and (B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts. (10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including— (A) the posture of the forces of the People’s Liberation Army facing Taiwan; and (B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ). (11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including— (A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and (B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner. (12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following: (A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy. (B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed. (C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts. (D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts. (E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. (F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China. (G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). (13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including— (A) United States military alliances and partnerships targeted or that may be targeted; (B) the objectives of such operations; (C) the tactics, techniques, and procedures used; and (D) the impact of such operations on military alliances and partnerships of which the United States is a member. (14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security. (c) Form \nEach report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Specified congressional committees defined \nIn this section, the term specified congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "H7A1D4185649E458684BD7763C701F591", "header": "Annual report on military and security developments involving the People’s Republic of China" }, { "text": "1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup \nSection 1253(b) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking fiscal year 2021 and inserting fiscal year 2022.", "id": "H9492EC082B3B416FB26D4BA7C43102F5", "header": "Extension of authority to transfer funds for Bien Hoa dioxin cleanup" }, { "text": "1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action \n(a) In general \nThe Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, may carry out a cooperative program with the Ministry of Defense of Vietnam and other entities of the Government of Vietnam to assist in accounting for Vietnamese personnel missing in action. (b) Purpose \nThe purpose of the cooperative program under subsection (a) is to carry out the following activities: (1) Collection, digitization, and sharing of archival information. (2) Building the capacity of Vietnam to conduct archival research, investigations, and excavations. (3) Improving DNA analysis capacity. (4) Increasing veteran-to-veteran exchanges. (5) Other support activities the Secretary of Defense considers necessary and appropriate. (c) Termination \nThe authority provided by subsection (a) shall terminate on October 1, 2026.", "id": "H0A0A7D1606FC469091FAD1EF98AC60E9", "header": "Cooperative program with Vietnam to account for Vietnamese personnel missing in action" }, { "text": "1246. Sense of Congress on Taiwan defense relations \nIt is the sense of Congress that— (1) the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations; (2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States; (3) the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of a peaceful resolution of the future of Taiwan; (4) as set forth in the Taiwan Relations Act, the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan and the policy of the United States to make available to Taiwan such defense articles and defense services in such quantities as may be necessary to enable Taiwan to maintain a sufficient self-defense capability should be maintained; and (5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by— (A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan; (B) ensuring timely review of and response to requests by Taiwan for defense articles and services; (C) conducting practical training and military exercises with Taiwan, including, as appropriate, inviting Taiwan to participate in the Rim of the Pacific exercise conducted in 2022, that enable Taiwan to maintain a sufficient self-defense capability, as described in the Taiwan Relations Act; (D) deepening interoperability with Taiwan in defensive capabilities, including maritime and air domain awareness and integrated air and missile defense systems; (E) encouraging exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act ( Public Law 115–135 ; 132 Stat. 341), especially for the purposes of— (i) enhancing cooperation on defense planning; (ii) improving the interoperability of the military forces of the United States and Taiwan; and (iii) improving the reserve force of Taiwan; (F) identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and (G) expanding cooperation in humanitarian assistance and disaster relief.", "id": "H47EEF81B998F4B12BA7FB16EB648958E", "header": "Sense of Congress on Taiwan defense relations" }, { "text": "1247. Statement of policy on Taiwan \n(a) Statement of policy \nConsistent with the Taiwan Relations Act (22 U.S.C. 3301 et. seq.), it shall be the policy of the United States to maintain the capacity of the United States to resist a fait accompli that would jeopardize the security of the people on Taiwan. (b) Definition \nIn this section, the term fait accompli refers to the resort to force by the People’s Republic of China to invade and seize control of Taiwan before the United States can respond effectively.", "id": "H17657B7E7FE649268D5213C7F8F5336F", "header": "Statement of policy on Taiwan" }, { "text": "1248. Annual report on Taiwan asymmetric capabilities and intelligence support \n(a) In general \nThe Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall each year through fiscal year 2027, consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3302(c) ), perform an annual assessment of matters related to Taiwan, including intelligence matters, Taiwan’s asymmetric defensive capabilities, and how defensive shortcomings or vulnerabilities of Taiwan could be mitigated through cooperation, modernization, or integration. At a minimum, the assessment shall include the following: (1) An intelligence assessment regarding— (A) conventional military threats to Taiwan from China, including exercises intended to intimidate or coerce Taiwan; and (B) irregular warfare activities, including influence operations, conducted by China to interfere in or undermine the peace and stability of the Taiwan Strait. (2) The current defensive asymmetric capabilities of Taiwan and the ability of Taiwan to defend itself from external conventional and irregular military threats. (3) The interoperability of current and future defensive asymmetric capabilities of Taiwan with the military capabilities of the United States and its allies and partners. (4) The plans, tactics, techniques, and procedures underpinning the defensive asymmetric capabilities of Taiwan. (5) A description of additional personnel, resources, and authorities in Taiwan or in the United States that may be required to meet any shortcomings in the development of Taiwan’s defensive capabilities identified pursuant to this section. (6) The applicability of Department of Defense authorities for improving the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act. (7) The feasibility and advisability of assisting Taiwan in the domestic production of defensive asymmetric capabilities, including through the transfer of intellectual property, co-development, or co-production arrangements. (8) An assessment of ways in which the United States could enhance cooperation with on intelligence matters with Taiwan. (9) A description of any non-Department of Defense efforts by the United States Government to build the capacity of Taiwan to disrupt external efforts that degrade its free and democratic society. (10) A description of any significant efforts by the Defense Intelligence Enterprise and other elements of the intelligence community to coordinate technical and material support for Taiwan to identify, disrupt, and combat influence operations referred to in this subsection. (11) Any other matter the Secretary of Defense considers appropriate. (b) Plan \nThe Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall develop a plan for assisting Taiwan in improving its defensive asymmetric capabilities and addressing vulnerabilities identified pursuant to subsection (a) that includes— (1) recommendations for new Department of Defense authorities, or modifications to existing Department authorities, necessary to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ); (2) an identification of opportunities for key leader and subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and (3) an identification of challenges and opportunities for leveraging non-Department authorities, resources, and capabilities to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act. (c) Report \nNot later than 180 days after the date of the enactment of this Act, and annually through fiscal year 2027, the Secretary of Defense shall submit to the appropriate committees of Congress— (1) a report on the results of the assessment required by subsection (a); and (2) the plan required by subsection (b). (d) Form \nThe report required by subsection (c) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions \nIn this section: (1) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term defensive asymmetric capabilities means the capabilities necessary to defend Taiwan against conventional external threats, including coastal defense missiles, naval mines, anti-aircraft capabilities, cyber defenses, and special operations forces.", "id": "H1BAD531749E3491F9D7A28186D86F119", "header": "Annual report on Taiwan asymmetric capabilities and intelligence support" }, { "text": "1249. Feasibility briefing on cooperation between the National Guard and Taiwan \n(a) In general \nNot later than February 15, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan. (b) Elements \nThe briefing required by subsection (a) shall include the following: (1) A description of the cooperation between the National Guard and Taiwan during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities. (2) An evaluation of the feasibility of enhancing cooperation between the National Guard and Taiwan on a range of activities, including— (A) disaster and emergency response; (B) cyber defense and communications security; (C) military medical cooperation; (D) Mandarin-language education and cultural exchange; and (E) programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan. (3) Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments. (4) Any other matter the Secretary of Defense considers appropriate.", "id": "H49BCEBEA3B6B44758E5AFBE3813AA4C1", "header": "Feasibility briefing on cooperation between the National Guard and Taiwan" }, { "text": "1250. Feasibility report on establishing military-to-military crisis communications capabilities \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the feasibility and advisability of establishing military-to-military communications with a covered strategic competitor. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An articulation of— (A) the importance of military-to-military communications with a covered strategic competitor; and (B) the utility of such communications to enable clear transmission of messages from the government of the United States, avoid misunderstandings, and reduce the possibility of miscalculation. (2) A description of the current process and capabilities relating to communications with a covered strategic competitor, including the means, levels of seniority, and timelines for such communications. (3) An identification of opportunities for improving military-to-military crisis communications with a covered strategic competitor, including the preferred means, levels of seniority, and timelines for such communications. (4) An identification of challenges to establishing more military-to-military communications with a covered strategic competitor. (5) Any other matter the Secretary of Defense considers appropriate. (c) Definitions \nIn this section: (1) The term covered strategic competitor means a near-peer country identified by the Secretary of Defense and National Defense Strategy. (2) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.", "id": "H09F00ADB2E8944468E91965012E180F1", "header": "Feasibility report on establishing military-to-military crisis communications capabilities" }, { "text": "1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications \n(a) Comparative analyses \n(1) Development of procedures \n(A) In general \nNot later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Office of Net Assessment, shall develop procedures by which comparative analyses, including the assessments under paragraph (2), shall be conducted. (B) Elements \nThe procedures developed under subparagraph (A)— (i) shall include processes— (I) by which senior officials of the Department of Defense may request that such comparative analyses be conducted with respect to a specific technology, sector, or system of interest; (II) by which teams of technical, industrial, policy, intelligence, and operational experts consisting of personnel of the Department and private sector organizations may be established for the purpose of conducting such comparative analyses; (III) to ensure adequate funding to support the conduct of such comparative analyses; and (IV) by which classified and unclassified information, including necessary data, records, and technical information, may be shared with Department personnel for the purpose of carrying out such comparative analyses; and (ii) may include the development of quantitative and qualitative metrics for use in, and new intelligence collection requirements to support, such comparative analyses. (2) Comparative analysis assessments \n(A) In general \nThe Under Secretary, in coordination with the Director of the Office of Net Assessment, shall conduct a comparative analysis assessment of the efforts of the United States Government and the Government of the People’s Republic of China to develop and deploy critical modernization technology with respect to military applications in each of the following areas of critical modernization technology: (i) Directed energy systems. (ii) Hypersonics. (iii) Emerging biotechnologies. (iv) Quantum science. (v) Cyberspace capabilities. (B) Elements \nEach comparative analysis assessment under subparagraph (A) shall include an evaluation of each of the following: (i) With respect to the applicable area of critical modernization technology described in subparagraph (A), research and development activities carried out in the United States and the People's Republic of China by governmental entities and nongovernmental entities. (ii) The ability of research programs carried out by the United States Government and the Government of the People's Republic of China to achieve the goals of— (I) transitioning emerging technologies into acquisition efforts and operational use; and (II) incorporating emerging technologies into military applications. (iii) Operational effectiveness and suitability of current or planned defense systems of the United States and the People's Republic of China, including relevant operational concepts relating to the application and operationalization of critical modernization technologies. (iv) The ability of defense systems of the United States and the People's Republic of China to counter relevant threat capabilities. (b) Reports \n(1) Initial report \nNot later than March 15, 2022, the Under Secretary shall submit a report and provide a briefing to the congressional defense committees on efforts to develop the procedures required by subsection (a)(1). (2) Subsequent reports \n(A) Directed energy systems and hypersonics \nNot later than December 31, 2023, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (i) and (ii) of subsection (a)(2)(A). (B) Emerging biotechnologies, quantum science, and cyberspace capabilities \nNot later than December 31, 2024, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (iii), (iv), and (v) of subsection (a)(2)(A). (C) Elements \nThe reports required by subparagraphs (A) and (B) shall include the following for each such comparative analysis assessment: (i) The results of the evaluation of each element described in subsection (a)(2)(B). (ii) An analysis of significant research and development programs and activities outside the United States or the People’s Republic of China designed to advance the applicable area of critical modernization technology described in subsection (a)(2)(A), and a discussion of such programs and activities. (iii) With respect to each such area of critical modernization technology, an identification of any area in which the degree of uncertainty due to an insufficient knowledge base is such that an analysis of whether the United States or the People’s Republic of China has an advantage would be inconclusive. (iv) A description of the limitations, constraints, and challenges encountered in carrying out the comparative analysis assessment. (v) A description of any other research and development efforts or elements the Under Secretary considers appropriate for purposes of the comparative analysis assessment. (vi) Recommendations with respect to additional activities by the Department necessary to address the findings of the comparative analysis assessment. (D) Form \nThe reports required by subparagraphs (A) and (B) shall be submitted in unclassified form but may contain a classified annex. (c) Agreement with a federally funded research and development corporation authorized \n(1) In general \nThe Under Secretary may enter into an agreement with a federally funded research and development corporation under which such corporation may— (A) carry out any part of a comparative analysis assessment required by subsection (a); or (B) prepare the reports required by subsection (b)(2). (2) Notification \nIf the Under Secretary enters into an agreement under paragraph (1), the Under Secretary shall submit to the congressional defense committees a report that— (A) identifies the federally funded research and development corporation concerned; and (B) describes the scope of work under the agreement.", "id": "H7EE9E3D16E4E47D2AFA1CC658F88A3DB", "header": "Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications" }, { "text": "1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region \nIt is the sense of Congress that the Secretary of Defense should recommit to and strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People's Republic of China, including by— (1) enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence; (2) reinforcing the United States alliance with the Republic of Korea and maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the country, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, in support of the shared objective of a peaceful and stable Korean Peninsula; (3) fostering bilateral and multilateral cooperation with Australia, consistent with the Australia, New Zealand, United States Security Treaty, to advance shared security objectives and build the capabilities of emerging partners; (4) advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, and collaborate on vetting Chinese investments in strategic technology sectors and critical infrastructure; (5) broadening the engagement of the United States with India, including through the Quadrilateral Security Dialogue— (A) to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and (B) to enable greater cooperation on maritime security and the threat of global pandemics, including COVID–19; (6) strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), and the Six Assurances, with the goal of improving Taiwan’s asymmetric defensive capabilities and promoting peaceful cross- strait relations; (7) reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training, including the use of the Foreign Military Sales Training Center at Ebbing Air National Guard Base in Fort Smith, Arkansas and a fighter training detachment in Guam; (8) engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau with the goal of strengthening regional security and addressing issues of mutual concern, including protecting fisheries from illegal, unreported and unregulated fishing; and (9) investing in enhanced military posture and capabilities in the United States Indo-Pacific Command area of responsibility and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region.", "id": "H4FC4FCC4670C49AE8110CF411F34B73D", "header": "Sense of congress on defense alliances and partnerships in the Indo-Pacific region" }, { "text": "1301. Sense of Congress on North Atlantic Treaty Organization allies and partners \nIt is the sense of Congress as follows: (1) The North Atlantic Treaty Organization (NATO) remains the strongest and most successful military alliance in the world, founded on a commitment by its members to uphold the principles of democracy, individual liberty, and the rule of law, and its contributions to the collective defense are indispensable to the security, prosperity, and freedom of its members. (2) The success of NATO is critical to achieving United States national security objectives in Europe and around the world, including deterring Russian aggression, upholding territorial integrity and sovereignty in Europe, addressing strategic competition and mitigating shared security concerns, countering malign efforts to undermine the rules-based international order and disrupt shared values, and fostering international cooperation against collective challenges. (3) The United States reaffirms its ironclad commitment to NATO as the foundation of transatlantic security and to uphold its obligations under the North Atlantic Treaty, including Article 5 of the Treaty, and remains steadfastly committed to upholding and strengthening its defense alliances and partnerships in the European theater. (4) The commitment of NATO allies in response to the invocation of Article 5 of the North Atlantic Treaty following attacks on the United States homeland on September 11, 2001, and during years of counterterrorism, humanitarian, and stabilization operations in Afghanistan has been invaluable, and the sacrifices of NATO allies deserve the highest order of respect and gratitude. (5) The national security challenges posed by the Russian Government against NATO allies and partners are of grave concern to the United States and a top NATO defense priority. Since the invasion of Ukraine in 2014, the Russian Government has not improved its behavior and has, in many aspects, become increasingly belligerent. Aggression against NATO allies and United States partners is unacceptable, and Russia’s willingness to engage in far-reaching, risky actions contrary to the international order poses major risks to United States national security interests that must be met with sustained engagement, investment in credible deterrence, and vigilance. (6) The United States should continue to deepen cooperation on defense issues with non-NATO European partners, bilaterally and as part of the NATO alliance, encourage security sector cooperation between NATO and non-NATO defense partners that complements and strengthens shared security goals, interoperability, and allies’ commitment to Article 3 of the North Atlantic Treaty, build on recent progress in NATO allies achieving defense spending goals agreed to at the 2014 Wales Summit and reaffirmed at the 2016 Warsaw Summit and the 2021 Brussels Summit, and build consensus to plan, organize, and invest in the full range of defense capabilities necessary to deter and defend against potential adversaries. (7) The United States should continue to enhance United States and allied force posture in Europe in order to establish and sustain a credible deterrent against Russian aggression and long-term strategic competition by the Russian Government, including continued robust support for the European Deterrence Initiative and other investments, ongoing use of rotational deployments and robust exercises in the European theater, improved forward-stationing of forces to enhance deterrence and reduce cost, additional planning and efforts to mitigate contested logistics challenges, implementation of key initiatives to enhance readiness, military mobility, and national resilience, and effective investments in multi-service, cyber, information, and air defense efforts to counter modern military challenges. (8) Following the end of the Resolute Support Mission in Afghanistan, it is essential that the United States consider ways to continue the benefits of combined interaction alongside NATO allies and United States partners to continue strengthening interoperability and cooperation. (9) The Black Sea is a strategically significant region to United States interests and to the security of United States allies and partners, especially in light of Russia’s actions in the region and illegal occupation of territory. The United States should continue security cooperation efforts, exercises, and training with regional allies and partners, regional posture enhancements, and support for those allies’ and partners’ pursuit of their own defenses, as well as joint efforts that enhance interoperability and information sharing. (10) Enhancing security and stability in the Western Balkans is a goal that the United States shares with European allies and partners. The United States should continue its efforts to build interoperability and support institutional reforms of the militaries of the Western Balkan nations, including both NATO allies and partners. The United States should also support those nations’ efforts to resist disinformation campaigns, predatory investments, efforts to promote instability, and other means by which Russia and China may seek to influence this region of Europe. (11) Estonia, Latvia, and Lithuania are model allies and play a critical role in strategic efforts to ensure continued deterrence against aggression by Russia and maintain the collective security of the NATO alliance. The security of the Baltic region is crucial to the security of the NATO alliance. (12) The United States should continue to pursue efforts consistent with the comprehensive, multilateral Baltic Defense Assessment of the military requirements of Estonia, Latvia, and Lithuania issued in December 2020. Robust support to accomplish United States strategic objectives, including by providing assistance to the Baltic countries through security cooperation referred to as the Baltic Security Initiative pursuant to sections 332 and 333 of title 10, United States Code, should be prioritized in the years to come. Specifically, the continuation of— (A) efforts to enhance interoperability among Estonia, Latvia, and Lithuania and in support of NATO efforts; (B) infrastructure and other host-country support improvements that will enhance United States and allied military mobility across the region; (C) efforts to improve resilience to hybrid threats and cyber defenses in Estonia, Latvia, and Lithuania; and (D) support for planning and budgeting efforts of Estonia, Latvia, and Lithuania that are regionally synchronized.", "id": "H417DBB37D6C04E4F841BF724AEAF3428", "header": "Sense of Congress on North Atlantic Treaty Organization allies and partners" }, { "text": "1302. Report on Armenia-Azerbaijan conflict \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the relevant congressional committees a report on the 2020 conflict between Armenia and Azerbaijan. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An assessment of the use of United States weapon systems or controlled technology that were employed in the 2020 conflict, including a list of the origins of such items, if known. (2) A description of the involvement of foreign actors in the conflict, including a description of the military activities, influence operations, foreign military sales, and diplomatic engagement by foreign countries before, during, and after the conflict, and efforts by parties to the conflict or foreign actors to recruit or employ foreign fighters or private military organizations during the conflict. Such description may include a classified annex, if necessary. (3) Any violations of the November 9, 2020, agreement, including the continued detention of prisoners of war or captured civilians. (4) Any other matter the Secretary considers appropriate. (c) Relevant congressional committees \nIn this section, the term relevant congressional committees means the Committee on Foreign Affairs and Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and Committee on Armed Services of the Senate. (d) Sense of Congress \nIt is the sense of Congress that— (1) the parties to the conflict must adhere to their obligations under the November 9, 2020, agreement and international law, including to immediately release all prisoners of war and captured civilians; (2) the parties to the conflict must refrain from the use of force and threats to use force in pursuit of diplomatic resolutions to any outstanding disputes; and (3) the United States should engage with parties to the conflict, including redoubling engagement with the Minsk Group, to make clear the importance of adhering to these obligations and advance diplomatic progress.", "id": "H16396145C387466BBEEDF018C15D8DA2", "header": "Report on Armenia-Azerbaijan conflict" }, { "text": "1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the current state of United States defense investment in Europe, with particular focus on United States military infrastructure requirements, including the European Deterrence Initiative. Such report shall include the following elements: (1) An assessment of the progress made by the Department of Defense toward achieving the stated objectives of the European Deterrence Initiative (EDI) over its lifetime, and the extent to which EDI funding has aligned with such objectives. (2) An assessment of the current state of the United States defense posture in Europe. (3) An assessment of further investments required to improve United States military mobility in the United States European Command area of responsibility, including efforts to— (A) address contested logistics; and (B) improve physical impediments and regulatory challenges to movement by air, rail, road, or waterway across such area of responsibility. (4) An assessment of the current state of United States prepositioned stocks in Europe, including a description of both completed and underway projects, timelines for completion of underway projects, and estimated sustainment costs upon completion of such projects. (5) An assessment of the current state of United States munitions in Europe, including the adequacy to satisfy United States needs in a European contingency, and a description of any plans to adjust munitions stocks. (6) An assessment of the current state of United States antisubmarine warfare assets, organization, and resources in the United States European Command and Second Fleet areas of responsibility, including— (A) the sufficiency of such assets, organization, and resources to counter Russian submarine threats; and (B) the sufficiency of United States sonobuoy stocks, antisubmarine warfare platforms, and undersea sensing equipment. (7) An assessment of the current state of the United States naval presence in the United States European Command area of responsibility and the ability of such presence to respond to future challenges in the Black Sea, Mediterranean Sea, and Arctic region, including a description of any future plans regarding increased naval force structure forward stationed in Europe and associated timelines. (8) An assessment of the current state of United States Air Force operational planning and resourcing in the European theater, including the current state of prepositioned Air Force equipment, activities, and relevant infrastructure. (9) An assessment of the current state of United States defense information operations capabilities dedicated to the United States European Command area of responsibility, and any defense resources required or policies needed to strengthen such capabilities. (10) An assessment of all purchases, investments, and expenditures made by any Armed Force under the jurisdiction of the Secretary of a military department and identified as part of the EDI, since its inception, that have been diverted for purposes or uses other than the objectives of the EDI, including a list of all purchases, investments, and expenditures that were requested to support the EDI since its inception that were not ultimately employed for the objectives of the EDI and the respective dollar values of such purchaes, investments, and expenditures. (11) An assessment of the current state of EDI military construction efforts in Europe. (12) An assessment of United States European Command’s planned exercise schedule in coming years, the estimated resourcing requirements to fulfill such schedule, and what percentage of such resourcing is expected to come from EDI. (13) Any other information the Secretary determines relevant.", "id": "HB12541C4836D4FCAADC856406742ED1A", "header": "Report on the state of United States military investment in Europe, including the European Deterrence Initiative" }, { "text": "1311. Sense of Congress \nIt is the sense of Congress that— (1) Greece is a pillar of stability in the Eastern Mediterranean region and the United States should remain committed to supporting its security and prosperity; (2) the 3+1 format of cooperation among Cyprus, Greece, Israel, and the United States has been a successful forum to cooperate on energy issues and should be expanded to include other areas of common concern to the members; (3) the United States should increase and deepen efforts to partner with and support the modernization of the Greek military; (4) it is in the interests of the United States that Greece continue to transition its military equipment away from Russian-produced platforms and weapons systems through the European Recapitalization Incentive Program; (5) the naval partnerships with Greece at Souda Bay and Alexandroupolis are mutually beneficial to the national security of the United States and Greece; (6) the United States should, as appropriate, support the sale of F–35 Joint Strike Fighters to Greece; (7) the United States Government should continue to invest in International Military Education and Training programs in Greece; (8) the United States Government should support joint maritime security cooperation exercises with Cyprus, Greece, and Israel; (9) in accordance with its legal authorities and project selection criteria, the United States Development Finance Corporation should consider supporting private investment in strategic infrastructure projects in Greece, to include shipyards and ports that contribute to the security of the region and Greece’s prosperity; (10) the extension of the Mutual Defense Cooperation Agreement with Greece for a period of five years includes deepened partnerships at Greek military facilities throughout the country and is a welcome development; and (11) the United States Government should establish the United States-Eastern Mediterranean Energy Center, as authorized by section 204 of the Eastern Mediterranean Energy and Security Partnership Act of 2019 ( 22 U.S.C. 2373 note).", "id": "HC2F2C2E855F14D7F88DD7F091B95E1B7", "header": "Sense of Congress" }, { "text": "1312. Funding for the European Recapitalization Incentive Program \n(a) In general \nTo the maximum extent feasible, amounts appropriated or otherwise made available for the European Recapitalization Incentive Program should be considered for Greece as appropriate to assist the country in meeting its defense needs and transitioning away from Russian-produced military equipment. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that provides a full accounting of all funds distributed under the European Recapitalization Incentive Program, including— (1) identification of each recipient country; (2) a description of how the funds were used; and (3) an accounting of remaining equipment in recipient countries that was provided by the then-Soviet Union or Russian Federation.", "id": "HE4D3126DF3A549F7B2BEB2FB647BFB28", "header": "Funding for the European Recapitalization Incentive Program" }, { "text": "1313. Sense of Congress on loan program \nIt is the sense of Congress that, as appropriate, the United States Government should provide direct loans to Greece for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) to support the further development of Greece’s military forces.", "id": "H5E9F0EE9624149F2B4E1D421927A8DB0", "header": "Sense of Congress on loan program" }, { "text": "1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece \nIt is the sense of Congress that the President has the authority to expedite delivery of any future F–35 aircraft to Greece once Greece is prepared to move forward with such a purchase on such terms and conditions as the President may require, pursuant to the certification requirements under section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ).", "id": "H5AC52BADD20843A3A828AEF2323C6466", "header": "Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece" }, { "text": "1315. IMET cooperation with Greece \nFor each of fiscal years 2022 through 2026, there is authorized to be appropriated $1,800,000 for International Military Education and Training assistance for Greece, which may be made available for the following purposes: (1) Training of future leaders. (2) Fostering a better understanding of the United States. (3) Establishing a rapport between the United States Armed Forces and Greece’s military to build partnerships for the future. (4) Enhancement of interoperability and capabilities for joint operations. (5) Focusing on professional military education, civilian control of the military, and protection of human rights.", "id": "H781B8220F12A42998BC3C18C84EEA253", "header": "IMET cooperation with Greece" }, { "text": "1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group \n(a) Establishment \nThere is established a group, to be known as the Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group , to serve as a legislative component to the 3+1 process launched in Jerusalem in March 2019. (b) Membership \nThe Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall include a group of not more than 6 United States Senators, to be known as the United States group , who shall be appointed in equal numbers by the majority leader and the minority leader of the Senate. The majority leader and the minority leader of the Senate shall also serve as ex officio members of the United States group. (c) Meetings \nNot less frequently than once each year, the United States group shall meet with members of the 3+1 group to discuss issues on the agenda of the 3+1 deliberations of the Governments of Greece, Israel, Cyprus, and the United States to include maritime security, defense cooperation, energy initiatives, and countering malign influence efforts by the People’s Republic of China and the Russian Federation. (d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated $100,000 for each fiscal year to assist in meeting the expenses of the United States group. (2) Availability of funds \nAmounts appropriated pursuant to the authorization under this subsection are authorized to remain available until expended. (e) Termination \nThe Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall terminate 4 years after the date of the enactment of this Act.", "id": "H88A91CEB8D0448768038C5ED10B5B210", "header": "Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group" }, { "text": "1317. Appropriate congressional committees \nIn this subtitle, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.", "id": "H968B5E3BCB904AC8A2496C19603EC4AB", "header": "Appropriate congressional committees" }, { "text": "1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program \nSection 1274 of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2350a note) is amended— (1) by amending subsection (c) to read as follows: (c) Contributions by participants \n(1) In general \nAn agreement under subsection (a) shall provide that— (A) the United States, as the host country for the Program, shall provide office facilities and related office equipment and supplies for the Program; and (B) each participating country shall contribute its equitable share of the remaining costs for the Program, including— (i) the agreed upon share of administrative costs related to the Program, except the costs for facilities and equipment and supplies described in subparagraph (A); and (ii) any amount allocated against the country for monetary claims as a result of participation in the Program, in accordance with the agreement. (2) Equitable contributions \nThe contributions, as allocated under paragraph (1) and set forth in an agreement under subsection (a), shall be considered equitable for purposes of this subsection and section 27(c) of the Arms Export Control Act ( 22 U.S.C. 2767(c) ). (3) Authorized contribution \nAn agreement under subsection (a) shall provide that each participating country may provide its contribution in funds, in personal property, in services required for the Program, or any combination thereof. (4) Funding for United States contribution \nAny monetary contribution by the United States to the Program that is provided in funds shall be made from funds available to the Department of Defense for operation and maintenance. (5) Contributions and reimbursements from other participating countries \n(A) In general \nThe Secretary of Defense may accept from any other participating country a contribution or reimbursement of funds, personal property, or services made by the participating country in furtherance of the Program. (B) Credit to appropriations \nAny contribution or reimbursement of funds received by the United States from any other participating country to meet that country’s share of the costs of the Program shall be credited to the appropriations available to the appropriate military department, as determined by the Secretary of Defense. (C) Treatment of personal property \nAny contribution or reimbursement of personal property received under this paragraph may be— (i) retained and used by the Program in the form in which it was contributed; (ii) sold or otherwise disposed of in accordance with such terms, conditions, and procedures as the members of the Program consider appropriate, and any resulting proceeds shall be credited to appropriations of the appropriate military department, as described in subparagraph (B); or (iii) converted into a form usable by the Program. (D) Use of credited funds \n(i) In general \nAmounts credited under subparagraph (B) or (C)(ii) shall be— (I) merged with amounts in the appropriation concerned; (II) subject to the same conditions and limitations as amounts in such appropriation; and (III) available for payment of Program expenses described in clause (ii). (ii) Program expenses described \nThe Program expenses described in this clause include— (I) payments to contractors and other suppliers, including the Department of Defense and participating countries acting as suppliers, for necessary goods and services of the Program; (II) payments for any damages or costs resulting from the performance or cancellation of any contract or other obligation in support of the Program; (III) payments or reimbursements for other Program expenses; or (IV) refunds to other participating countries. ; and (2) by striking subsection (g).", "id": "HBE320B16D57440138860EF995351B4BB", "header": "Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program" }, { "text": "1322. Foreign Area Officer assessment and review \n(a) Findings \nCongress finds the following: (1) Foreign Area Officers of the Army and their equivalent positions in the other Armed Forces (in this section referred to as FAOs ) are trained to manage, grow, and enhance security cooperation relationships between the United States and foreign partners and to build the overall military capacity and capabilities of foreign partners. (2) At present, some senior defense official positions in United States embassies are filled by officers lacking the necessary skills, training, and experience to strengthen the relationships between the United States and its critical partners and allies. (3) FAOs are trained to fill those positions, and deficiencies in the equitable use, assessment, promotion, diversity and inclusion of such officers, as well as limitations on career opportunities, undermine the ability of the Department of Defense to strengthen partnerships and alliances of the United States. (4) A federally funded research and development center can provide a roadmap to correcting these deficiencies, strengthening the FAO branch, and placing qualified FAOs in positions of positive influence over United States partnerships and alliances. (b) Assessment and review required \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to conduct an independent assessment and comprehensive review of the process by which Foreign Area Officers and their equivalent positions in the other Armed Forces (in this section referred to as FAOs ) are recruited, selected, trained, assigned, organized, promoted, retained, and used in security cooperation offices, senior defense roles in U.S. embassies, and in other critical roles of engagement with allies and partners. (2) Elements \nThe assessment and review conducted under paragraph (1) shall include the following: (A) Identification and assessment of the number and location of senior defense official billets, including their grade structure and availability to FAOs. (B) A review of the cultural, racial, and ethnic diversity of FAOs. (C) An assessment of the assignment process for FAOs. (D) A review and assessment of the promotion criteria, process, and possible pathways for career advancement for FAOs. (E) A review of the organization and categorization of FAOs by geographic region. (F) An assessment of the training program for FAOs and its effectiveness. (G) An assessment of the available career paths for FAOs. (H) An assessment of the criteria used to determine staffing requirements for senior defense official positions and security cooperation roles for uniformed officers. (I) A review of the staffing of senior defense official and security cooperation roles and assessment to determine whether requirements are being met through the staffing process. (J) An assessment of how the broader utilization of FAOs in key security cooperation and embassy defense leadership billets would improve the quality and professionalism of the security cooperation workforce under section 384 of title 10, United States Code. (K) A review of how many FAO opportunities are joint-qualifying and an assessment of whether increasing the number of joint-qualified opportunities for FAOs would increase recruitment, retention, and promotion. (L) Any other matters the Secretary determines relevant. (c) Results \nThe federally funded research and development center conducting the assessment and review described in subsection (b) shall submit to the Secretary the results of such assessment and review, which shall include the following: (1) A summary of the research and activities undertaken to carry out the assessment required by subsection (b). (2) Considerations and recommendations, including legislative recommendations, to achieve the following: (A) Improving the assessment, promotion, assignment selection, retention, and diversity of FAOs. (B) Assigning additional FAOs to positions as senior defense officials. (d) Submission to Congress \n(1) In general \nNot later than December 31, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (A) an unaltered copy of the results submitted pursuant to subsection (c) ; and (B) the written responses of the Secretary and the Chairman of the Joint Chiefs of Staff to such results. (2) Form \nThe submission under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "HC29FDD7960D84E25940DD632A0EB3756", "header": "Foreign Area Officer assessment and review" }, { "text": "1323. Study on certain security cooperation programs \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center with the appropriate expertise and analytical capability to carry out the study described in subsection (b). (b) Study \nThe study described in this subsection shall— (1) provide for a comprehensive assessment of strategic and operational lessons collected from the war in Afghanistan that can be applied to existing and future security cooperation programs; (2) identify metrics used in the war in Afghanistan to measure progress in partner capacity building and defense institution building and whether such metrics are sufficient for measuring progress in future security cooperation programs; (3) assess challenges related to strategic planning for capacity building, baseline assessments of partner capacity, and issues related to project sustainment, and recommendations for how to manage such challenges; (4) assess Department of Defense coordination with coalition partners engaged in partner capacity building and defense institution building efforts, and recommendations for how to improve such coordination; (5) identify risks posed by rapid expansion or reductions in security cooperation, and recommendations for how to manage such risks; (6) identify risks posed by corruption in security cooperation programs and recommendations for how to manage such risks; (7) assess best practices and training improvements for managing cultural barriers in partner countries, and recommendations for how to promote cultural competency; (8) assess the effectiveness of the Department of Defense in promoting the rights of women, including incorporating a gender perspective in security cooperation programs, in accordance with the Women, Peace and Security Strategic Framework and Implementation Plan issued by the Department of Defense in June 2020 and the Women, Peace, and Security Act of 2017 ( Public Law 115–68 ); (9) identify best practices to promote partner country ownership of long-term objectives of the United States including with respect to human rights, democratic governance, and the rule of law; (10) assess challenges related to contractors of the Department of Defense, including cost, limited functions, and oversight; and (11) assess best practices for sharing lessons on security cooperation with allies and partners. (c) Report \n(1) To Secretary of Defense \nNot later than two years after the date on which a federally funded research and development center enters into a contract described in subsection (a), such center shall submit to the Secretary of Defense a report containing the results of the study required under this section. (2) To Congress \nNot later than 30 days after the receipt of the report under paragraph (1), the Secretary of Defense shall submit to Congress such report, which shall be made public, together with any additional views or recommendations of the Secretary, which may be transmitted in a classified annex.", "id": "HB172085FBCA14016AE7EAB293E959607", "header": "Study on certain security cooperation programs" }, { "text": "1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome \nNot later than 30 days after the date of the enactment of this Act and every 120 days thereafter until all applicable funds have been obligated in support of Operation Allies Welcome or any successor operation, the Secretary of Defense shall submit to the congressional defense committees a notification that includes— (1) the costs associated with the provision of transportation, housing, medical services, and other sustainment expenses for Afghan special immigrant visa applicants and other Afghans at risk; and (2) whether such funds were obligated under a reimbursable or nonreimbursable basis.", "id": "HD7433B37FF9742A59A240CBC397607DD", "header": "Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome" }, { "text": "1331. Extension and modification of authority for certain payments to redress injury and loss \n(a) Extension \nSubsection (a) of section 1213 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2731 note) is amended by striking December 31, 2022 and inserting December 31, 2023. (b) Modification to conditions on payment \nSubsection (b) of such section is amended— (1) in paragraph (1) to read as follows: (1) the prospective foreign civilian recipient is not otherwise ineligible for payment under any other provision of law; ; (2) in paragraph (2), by striking a claim and inserting a request ; (3) in paragraph (4), by striking the claimant and inserting the prospective foreign civilian recipient ; and (4) in paragraph (5), by striking the claimant and inserting the prospective foreign civilian recipient. (c) Modifications to quarterly report requirement \nSubsection (g) of such section is amended— (1) in paragraph (1)(B), by striking claims and inserting requests ; and (2) by adding at the end the following: (3) The status of Department of Defense efforts to establish the requests procedures required under subsection (d)(1) and to otherwise implement this section.. (d) Modification to procedure to submit requests \nSuch section is further amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and (2) by inserting after subsection (c) the following: (d) Procedures to review allegations \n(1) Procedures required \nNot later than 180 days after the date of enactment of this subsection, the Secretary of Defense shall establish procedures to receive, evaluate, and respond to allegations of civilian harm resulting from military operations involving the United States Armed Forces, a coalition that includes the United States, or a military organization supporting the United States. Such responses may include— (A) a formal acknowledgement of such harm; (B) a nonmonetary expression of condolence; or (C) an ex gratia payment. (2) Consultation \nIn establishing the procedures under paragraph (1), the Secretary of Defense shall consult with the Secretary of State and with nongovernmental organizations that focus on addressing civilian harm in conflict. (3) Policy updates \nNot later than one year after the date of the enactment of this subsection, the Secretary of Defense shall ensure that procedures established under paragraph (1) are formalized through updates to the policy referred to in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note).. (e) Rule of construction \nNothing in this section or the amendments made by this section may be construed to require the Secretary of Defense to pause, suspend, or otherwise alter the provision of ex gratia payments in accordance with section 1213 of the National Defense Authorization Act for Fiscal Year 2020, as amended, in the course of developing the procedures required by subsection (d) of such section (as added by subsection (d) of this section).", "id": "HEE3C4C99F7BA4EF09EF3AAC768AE6A20", "header": "Extension and modification of authority for certain payments to redress injury and loss" }, { "text": "1332. Secretary of Defense Strategic Competition Initiative \n(a) In general \nThe Secretary of Defense, with the concurrence of the Secretary of State, may provide funds for one or more Department of Defense activities or programs described in subsection (b) that advance United States national security objectives for strategic competition by supporting Department of Defense efforts to compete below the threshold of armed conflict and by supporting other Federal departments and agencies in advancing United States strategic interests. (b) Authorized activities and programs \nActivities and programs for which funds may be provided under subsection (a) are the following: (1) The provision of funds to pay for personnel expenses of foreign defense or security personnel for bilateral or regional security cooperation programs and joint exercises, in accordance with section 321 of title 10, United States Code. (2) Activities to build the institutional capacity of foreign national security forces, including efforts to counter corruption, in accordance with section 332 of title 10, United States Code. (3) Activities to build the capabilities of the United States joint force and the security forces of United States allies and partners relating to irregular warfare. (4) Activities to expose and disprove foreign malign influence and disinformation, and to expose and deter coercion and subversion. (c) Funding \nAmounts made available for activities carried out pursuant to subsection (a) in a fiscal year may be derived only from amounts authorized to be appropriated for such fiscal year for the Department of Defense for operation and maintenance, Defense-wide. (d) Relationship to other funding \nAny amount provided by the Secretary of Defense during any fiscal year pursuant to subsection (a) for an activity or program described in subsection (b) shall be in addition to amounts otherwise available for that activity or program for that fiscal year. (e) Use of funds \n(1) Limitations \nOf funds made available under this section for any fiscal year— (A) not more than $20,000,000 in each fiscal year is authorized to be obligated and expended under this section; and (B) not more than $3,000,000 may be used to pay for personnel expenses under subsection (b)(1). (2) Prohibition \nFunds may not be provided under this section for any activity that has been denied authorization by Congress. (f) Annual report \nNot less frequently than annually, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the use of the authority under subsection (a). (g) Plan for Strategic Competition Initiative for U.S. Southern Command and U.S. Africa Command \n(1) In general \nThe Secretary of Defense shall develop and submit to the congressional defense committees a plan for an initiative to support programs and activities for strategic competition in the areas of responsibility of United States Southern Command and United States Africa Command. (2) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the plan developed under paragraph (1). (h) Termination \nThe authority under subsection (a) shall terminate on September 30, 2024.", "id": "HAA69323799524BD78043F08805760CC0", "header": "Secretary of Defense Strategic Competition Initiative" }, { "text": "1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States \nSection 1210A of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1626) is amended— (1) in subsection (a), by striking for the stabilization activities of other Federal agencies specified in subsection (c)(1) and inserting to other Federal agencies specified in subsection (c)(1) for the stabilization activities of such agencies ; (2) in subsection (b), by amending paragraph (1) to read as follows: (1) In general \nAmounts authorized to be provided pursuant to this section shall be available only for support for stabilization activities— (A) (i) in a country specified in paragraph (2); and (ii) that the Secretary of Defense, with the concurrence of the Secretary of State, has determined are in the national security interest of the United States; or (B) in a country that— (i) (I) has been selected as a priority country under section 505 of the Global Fragility Act of 2019 ( 22 U.S.C. 9804 ); or (II) is located in a region that has been selected as a priority region under section 505 of such Act; and (ii) has Department of Defense resource or personnel presence to support such activities. ; (3) in the first sentence of subsection (c)(1), by striking Support may be provided for stabilization activities under subsection (a) and inserting Support under subsection (a) may be provided ; (4) in subsection (g)(1), by striking , Defense-wide ; and (5) in subsection (h), by striking December 31, 2021 and inserting December 31, 2023.", "id": "H8942223548094CF49B132EC12D888CCA", "header": "Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States" }, { "text": "1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017 \nSection 1210E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by— (1) redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections (f) and (g): (f) Pilot program \n(1) Establishment \nThe Secretary of Defense, in consultation with the Secretary of State, shall establish and carry out a pilot program for the purpose of conducting partner country assessments described in subsection (b)(2). (2) Contract authority \nThe Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into one or more contracts with a nonprofit organization or a federally funded research and development center independent of the Department for the purpose of conducting such partner country assessments. (3) Selection of countries \n(A) In general \nThe Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country within the area of responsibility of each geographic combatant command for participation in the pilot program. (B) Considerations \nIn making the selection under subparagraph (A), the Secretary of Defense shall consider— (i) the demonstrated political commitment of the partner country to increasing the participation of women in the security sector; and (ii) the national security priorities and theater campaign strategies of the United States. (4) Partner country assessments \nPartner country assessments conducted under the pilot program shall be— (A) adapted to the local context of the partner country being assessed; (B) conducted in collaboration with the security sector of the partner country being assessed; and (C) based on tested methodologies. (5) Review and assessment \nWith respect to each partner country assessment conducted under the pilot program, the Secretary of Defense, in consultation with the Secretary of State, shall— (A) review the methods of research and analysis used by any entity contracted with under paragraph (2) in conducting the assessment and identify lessons learned from such review; and (B) assess the ability of the Department to conduct future partner country assessments without entering into such a contract, including by assessing potential costs and benefits for the Department that may arise in conducting such future assessments. (6) Findings \n(A) In general \nThe Secretary of Defense, in consultation with the Secretary of State, shall use findings from each partner country assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed, which shall be designed to substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities). (B) Model methodology \nThe Secretary of Defense, in consultation with the Secretary of State, shall develop, based on the findings of the pilot program, a model barrier assessment methodology for use across the geographic combatant commands. (7) Reports \n(A) In general \nNot later than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress an initial report on the implementation of the pilot program under this subsection that includes an identification of the partner countries selected for participation in the program and the justifications for such selections. (B) Methodology \nOn the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (6)(B). (g) Briefing \nNot later than 1 year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on the efforts to build partner defense institution and security force capacity pursuant to this section..", "id": "HB052626A635C4D4A8BE7307B86DA7D35", "header": "Pilot program to support the implementation of the Women, Peace, and Security act of 2017" }, { "text": "1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors \n(a) Requirement \nNot later than 90 days after the date of the enactment of this Act, and not later than September 1 of each subsequent year, the Secretary of State shall submit to the appropriate congressional committees a report on the sensors used in the international monitoring system of the Comprehensive Nuclear-Test-Ban Treaty Organization. Each such report shall include, with respect to the period covered by the report— (1) the number of incidents where such sensors are disabled, turned off, or experience technical difficulties ; and (2) with respect to each such incident— (A) the location of the sensor; (B) the duration of the incident; and (C) whether the Secretary determines there is reason to believe that the incident was a deliberate act on the part of the host nation. (b) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.", "id": "HCF7FF302F12C4AB29A8E82C5317B18BC", "header": "Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors" }, { "text": "1336. Security assistance in Northern Triangle countries \n(a) Certification relating to assistance for Guatemala \nPrior to the transfer of any vehicles by the Department of Defense to a joint task force of the Ministry of Defense or Ministry of the Interior of Guatemala during fiscal year 2022, the Secretary of Defense shall certify to the congressional defense committees that such ministries have made a credible commitment to use such equipment only for the uses for which they were intended. (b) Report on security cooperation with Northern Triangle countries \n(1) In general \nNot later than June 30, 2022, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (A) A description of any ongoing or planned security cooperation activities between the United States and the Northern Triangle countries focused on protection of human rights and adherence to the rule of law. (B) A description of efforts to investigate credible information on gross violations of human rights by the military or national security forces of the governments of Northern Triangle countries since January 1, 2017, consistent with applicable law, including the possible use in committing such violations of defense articles provided by the United States. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (c) GAO report \n(1) Not later than June 30, 2022, the Comptroller General shall submit to the congressional defense committees a report containing an evaluation of the Department of Defense’s end-use monitoring procedures for tracking credible information regarding the misuse by Northern Triangle countries of equipment provided by the Department of Defense, including— (A) the Department’s review of any credible information related to the misuse of Department of Defense-provided vehicles to Northern Triangle countries since 2018; and (B) a description of any remediation activities undertaken by the Department of Defense and Northern Triangle countries in response to any such misuse. (d) Strategic evaluation of security cooperation with Northern Triangle countries \n(1) In general \nNot later than March 31, 2022, the Secretary of Defense shall enter into an agreement with an appropriate federally funded research and development center to complete an evaluation, not later than June 30, 2024, of Department of Defense security cooperation programs in United States Southern Command area of responsibility that includes— (A) how such programs in general and in Northern Triangle countries in particular advance U.S. Southern Command’s Theater Campaign Plan; (B) how such programs in general and in Northern Triangle countries in particular promote the rule of law and human rights in the United States Southern Command area of responsibility; (C) how such programs in general and in Northern Triangle countries in particular advance the objectives of the National Defense Strategy; and (D) any other matters the Secretary deems appropriate. (2) Report \nThe Secretary of Defense shall submit to the congressional defense committees a report that includes the evaluation completed by the federally funded research and development center selected pursuant to paragraph (1) within 30 days of receiving such evaluation. (3) Form \nThe report required by subsection (2) shall be submitted in unclassified form and posted on the Department of Defense’s public website, but may contain a classified annex. (e) Northern Triangle countries defined \nIn this section, the term Northern Triangle countries means El Salvador, Guatemala, and Honduras.", "id": "H92939F6F941840659AEC97ADEC3380A0", "header": "Security assistance in Northern Triangle countries" }, { "text": "1337. Report on human rights in Colombia \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report that includes the following: (1) A detailed summary of the security cooperation relationship between the United States and Colombia, including a description of United States objectives, any ongoing or planned security cooperation activities with the military or other security forces of Colombia, an assessment of the capabilities of the military or other security forces of Colombia, and a description of the capabilities of the military or other security forces of Colombia that the Department of Defense has identified as a priority for further capability building efforts. (2) A description of any ongoing or planned cooperative activities between the United States and Colombia focused on human rights and adherence to the rule of law, and a description of the manner and extent to which the security cooperation strategy between the United States and Colombia seeks to build the institutional capacity of the Colombian military or other Colombian security forces to respect human rights and encourage accountability. (b) Definition \nIn this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.", "id": "H2D4AFCACC9EA4C81B0A79A61861D32D8", "header": "Report on human rights in Colombia" }, { "text": "1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean \n(a) Report \nNot later than June 30, 2022, the Secretary of State, in coordination with the Secretary of Defense and in consultation with the heads of other appropriate Federal departments and agencies, as necessary, shall submit to the appropriate congressional committees a report that identifies efforts by the Government of the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean through diplomatic, military, economic, and other means, and describes the implications of such efforts on the national defense and security interests of the United States. (b) Elements \nThe report required by subsection (a) shall also include the following: (1) An identification of— (A) the countries of Latin America and the Caribbean with which the Government of the People’s Republic of China maintains especially close diplomatic, military, and economic relationships; (B) the number and contents of strategic partnership agreements or similar agreements, including any non-public, secret, or informal agreements, that the Government of the People’s Republic of China has established with countries and regional organizations of Latin America and the Caribbean; (C) the countries of Latin America and the Caribbean that have joined the Belt and Road Initiative or the Asian Infrastructure Investment Bank; (D) the countries of Latin America and the Caribbean to which the Government of the People’s Republic of China provides foreign assistance or disaster relief (including access to COVID–19 vaccines), including a description of the amount and purpose of, and any conditions attached to, such assistance; (E) countries and regional organizations of Latin America and the Caribbean in which the Government of the People’s Republic of China, including its state-owned or state-directed enterprises and banks, have undertaken significant investments, or infrastructure projects, and correspondent banking and lending activities, at the regional, national, or subnational levels; (F) recent visits by senior officials of the Government of the People’s Republic of China, including its state-owned or state-directed enterprises, to Latin America and the Caribbean, and visits by senior officials from Latin America and the Caribbean to the People’s Republic of China; (G) the existence of any defense exchanges, military or police education or training, and exercises between any military or police organization of the Government of the People’s Republic of China and military, police, or security-oriented organizations of countries of Latin America and the Caribbean; (H) countries and regional organizations of Latin America and the Caribbean that maintain diplomatic relations with Taiwan; and (I) any steps that the Government of the People’s Republic of China has taken to encourage countries and regional organizations of Latin America and the Caribbean to switch diplomatic relations to the People’s Republic of China instead of Taiwan. (2) A detailed description of— (A) the relationship between the Government of the People’s Republic of China and the Government of Venezuela and the Government of Cuba; (B) military installations, assets, and activities of the Government of the People’s Republic of China in Latin America and the Caribbean that currently exist or are planned for the future; (C) sales or transfers of defense articles and services by the Government of the People’s Republic of China to countries of Latin America and the Caribbean; (D) a comparison of sales and transfers of defense articles and services to countries of Latin America and the Caribbean by the Government of the People’s Republic of China, the Russian Federation, and the United States; (E) any other form of military, paramilitary, or security cooperation between the Government of the People’s Republic of China and the governments of countries of Latin America and the Caribbean; (F) the nature, extent, and purpose of the Government of the People’s Republic of China’s intelligence activities in Latin America and the Caribbean; (G) the role of the Government of the People’s Republic of China in transnational crime in Latin America and the Caribbean, including trafficking and money laundering, as well as any links to the People’s Liberation Army; (H) efforts by the Government of the People’s Republic of China to expand the reach and influence of its financial system within Latin America and the Caribbean, through banking activities and payments systems and through goods and services related to the use of the digital yuan; and (I) efforts by the Government of the People’s Republic of China to build its media presence in Latin America and the Caribbean, and any government-directed disinformation or information warfare campaigns in the region, including for military purposes or with ties to the People’s Liberation Army. (3) An assessment of— (A) the specific objectives that the Government of the People’s Republic of China seeks to achieve by expanding its presence and influence in Latin America and the Caribbean, including any objectives articulated in official documents or statements; (B) whether certain investments by the Government of the People’s Republic of China, including in port projects, canal projects, and telecommunications projects in Latin America and the Caribbean, could have military uses or dual use capability or could enable the Government of the People’s Republic of China to monitor or intercept United States or host nation communications; (C) the degree to which the Government of the People’s Republic of China uses its presence and influence in Latin America and the Caribbean to encourage, pressure, or coerce governments in the region to support its defense and national security goals, including policy positions taken by the Government of the People’s Republic of China at international institutions; (D) documented instances of governments of countries of Latin America and the Caribbean silencing, or attempting to silence, local critics of the Government of the People’s Republic of China, including journalists, academics, and civil society representatives, in order to placate the Government of the People’s Republic of China; (E) the rationale for the Government of the People’s Republic of China becoming an observer at the Organization of American States; (F) the relationship between the Government of the People’s Republic of China and the Community of Latin American and Caribbean States (CELAC), a regional organization that excludes the United States, and the role of the China-CELAC Forum in coordinating such relationship; and (G) the specific actions and activities undertaken by the Government of the People’s Republic of China in Latin America and the Caribbean that present the greatest threat or challenge to the United States’ defense and national security interests in the region. (4) Any other matters the Secretary of State determines is appropriate. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex. (d) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. (2) The terms Latin America and the Caribbean and countries of Latin America and the Caribbean mean the countries and non-United States territories of South America, Central America, the Caribbean, and Mexico.", "id": "H76650F1B2A164505855F23F1377F681B", "header": "Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean" }, { "text": "1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen \nSection 1273(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1699) is amended by striking two-year period and inserting four-year period.", "id": "H4E959C8D840C4CF291662A2E7504B9A8", "header": "Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen" }, { "text": "1340. Statement of policy and report on Yemen \n(a) Statement of policy \nIt is the policy of the United States— (1) to continue to support and further efforts to bring an end to the conflict in Yemen; (2) to support efforts so that United States defense articles and services are not used for military operations resulting in civilian casualties; and (3) to work with allies and partners to address the ongoing humanitarian needs of Yemeni civilians. (b) Report \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on whether the Government of Saudi Arabia has undertaken offensive airstrikes inside Yemen in the preceding year resulting in civilian casualties. (2) Matters to be included \nThe report required by this subsection shall include the following: (A) A full description of any such airstrikes, including a detailed accounting of civilian casualties incorporating information from non-governmental sources. (B) An identification of Government of Saudi Arabia air units responsible for any such airstrikes. (C) A description of aircraft and munitions used in any such airstrikes. (3) Form \nThe report required by this subsection shall be submitted in unclassified form, but may contain a classified annex if necessary. (4) Appropriate congressional committees defined \nIn this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "H2C28902F5A9343DFA8B6FCCDE2117C06", "header": "Statement of policy and report on Yemen" }, { "text": "1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises \n(a) In general \nNone of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2022 may be used by the Secretary of Defense to support the participation of the military forces of the Kingdom of Morocco in any multilateral exercise administered by the Department of Defense unless the Secretary determines, in consultation with the Secretary of State, that the Kingdom of Morocco is committed to seeking a mutually acceptable political solution in Western Sahara. (b) Waiver \nThe Secretary may waive application of the limitation under subsection (a) if the Secretary submits to the congressional defense committees a written determination and justification that the waiver is important to the national security interests of the United States.", "id": "HBC89F69B1CEF4C3BA2D6B99F355AC68A", "header": "Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises" }, { "text": "1401. Working capital funds \nFunds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.", "id": "HB4A730BA036B41298630215AAC4AAAF8", "header": "Working capital funds" }, { "text": "1402. Chemical Agents and Munitions Destruction, Defense \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. (b) Use \nAmounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.", "id": "HC022C1D903D84B3498C9B42C982D06FB", "header": "Chemical Agents and Munitions Destruction, Defense" }, { "text": "1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide \nFunds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.", "id": "H47282AD3AC6C4656956C0049CA465FD3", "header": "Drug Interdiction and Counter-Drug Activities, Defense-Wide" }, { "text": "1404. Defense Inspector General \nFunds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.", "id": "HB67D27993436434CAB68E5940D39E402", "header": "Defense Inspector General" }, { "text": "1405. Defense Health Program \nFunds are hereby authorized to be appropriated for fiscal year 2022 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.", "id": "H49C6A94DB9E0409080F6190BD7651989", "header": "Defense Health Program" }, { "text": "1411. Acquisition of strategic and critical materials from the national technology and industrial base \nThe Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ) is amended— (1) in section 6(b)(2), by inserting to consult with producers and processors of such materials before to avoid ; (2) in section 12, by adding at the end the following new paragraph: (3) The term national technology and industrial base has the meaning given such term in section 2500 of title 10, United States Code. ; and (3) in section 15(a)— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) if domestic sources are unavailable to meet the requirements defined in paragraphs (1) through (4), by making efforts to prioritize the purchase of strategic and critical materials from the national technology and industrial base..", "id": "HDDC724F896BB4B2C93E637CD22BD85D6", "header": "Acquisition of strategic and critical materials from the national technology and industrial base" }, { "text": "1412. Authorization to loan materials in National Defense Stockpile \nSection 6 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98e ) is amended by adding at the end the following new subsection: (f) The President may loan stockpile materials to the Department of Energy or the military departments if the President— (1) has a reasonable assurance that stockpile materials of a similar or superior quantity and quality to the materials loaned will be returned to the stockpile or paid for; (2) notifies the congressional defense committees (as defined in section 101(a) of title 10, United States Code), in writing, not less than 30 days before making any such loan; and (3) includes in the written notification under paragraph (2) sufficient support for the assurance described in paragraph (1)..", "id": "H5448F50E23434D6491444D8A31453B47", "header": "Authorization to loan materials in National Defense Stockpile" }, { "text": "1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois \n(a) Authority for transfer of funds \nOf the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $137,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. (b) Use of transferred funds \nFor the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500).", "id": "H5678BA9D04EB4CF3863E11C9FEEBFA0A", "header": "Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois" }, { "text": "1414. Authorization of appropriations for Armed Forces Retirement Home \nThere is hereby authorized to be appropriated for fiscal year 2022 from the Armed Forces Retirement Home Trust Fund the sum of $75,300,000 for the operation of the Armed Forces Retirement Home.", "id": "HF03BC7B101EE445DB35749245CB36681", "header": "Authorization of appropriations for Armed Forces Retirement Home" }, { "text": "1501. Development of taxonomy of cyber capabilities \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a taxonomy of cyber capabilities, including software, hardware, middleware, code, other information technology, and accesses, designed for use in cyber effects operations. (b) Report \n(1) In general \nNot later than 30 days after the development of the taxonomy of cyber capabilities required under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report regarding such taxonomy. (2) Elements \nThe report required under paragraph (1) shall include the following: (A) The definitions associated with each category contained within the taxonomy of cyber capabilities developed pursuant to subsection (a). (B) Recommendations for improved reporting mechanisms to Congress regarding such taxonomy of cyber capabilities, using amounts from the Cyberspace Activities Budget of the Department of Defense. (C) Recommendations for modifications to the notification requirement under section 396 of title 10, United States Code, in order that such notifications would include information relating to such taxonomy of cyber capabilities, including with respect to both physical and nonphysical cyber effects. (D) Any other elements the Secretary determines appropriate.", "id": "HEF7A5E0957944E6996D367E5F5A805CA", "header": "Development of taxonomy of cyber capabilities" }, { "text": "1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard \nSection 1651(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 32 U.S.C. 501 note) is amended by striking 2022 and inserting 2024.", "id": "H8AB86C0B7AB44FB78ECA4F196469654F", "header": "Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard" }, { "text": "1503. Modification of the Principal Cyber Advisor \n(a) In general \nParagraph (1) of section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 2224 note) is amended to read as follows: (1) Designation \n(A) The Secretary shall designate, from among the personnel of the Office of the Under Secretary of Defense for Policy, a Principal Cyber Advisor to act as the principal advisor to the Secretary on military cyber forces and activities. (B) The Secretary may only designate an official under this paragraph if such official was appointed to the position in which such official serves by and with the advice and consent of the Senate.. (b) Designation of Deputy Principal Cyber Advisor \nSection 905(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended by striking Office of the Secretary of Defense and inserting Office of the Under Secretary of Defense for Policy. (c) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on such recommendations as the Deputy Secretary may have for alternate reporting structures for the Principal Cyber Advisor and the Deputy Principal Cyber Advisor within the Office of the Under Secretary for Policy.", "id": "H80431BD3CAFA47CC9005CB76B1D641B1", "header": "Modification of the Principal Cyber Advisor" }, { "text": "1504. Evaluation of Department of Defense cyber governance \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall complete an evaluation and review of the Department of Defense’s current cyber governance construct. (b) Scope \nThe evaluation and review conducted pursuant to subsection (a) shall— (1) assess the performance of the Department of Defense in carrying out the pillars of the cyber strategy and lines of efforts established in the most recent cyber posture review, including— (A) conducting military cyberspace operations of offensive, defensive, and protective natures; (B) securely operating technologies associated with information networks, industrial control systems, operational technologies, weapon systems, and weapon platforms; and (C) enabling, encouraging, and supporting the security of international, industrial, and academic partners; (2) analyze and assess the current institutional constructs across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and responsible for the execution of and civilian oversight for the responsibilities specified in paragraph (1); (3) analyze and assess the delineation of responsibilities within the current institutional construct within the Office of the Secretary of Defense for addressing the objectives of the 2018 Department of Defense Cyber Strategy and any superseding strategies, as well as identifying potential seams in responsibility; (4) examine the Department’s policy, legislative, and regulatory regimes related to cyberspace and cybersecurity matters, including the 2018 Department of Defense Cyber Strategy and any superseding strategies, for sufficiency in carrying out the responsibilities specified in paragraph (1); (5) examine the Office of the Secretary of Defense’s current alignment for the integration and coordination of cyberspace activities with other aspects of information operations, including information warfare and electromagnetic spectrum operations; (6) examine the current roles and responsibilities of each Principal Staff Assistant to the Secretary of Defense as such relate to the responsibilities specified in paragraph (1), and identify redundancy, duplication, or matters requiring deconfliction or clarification; (7) evaluate and, as appropriate, implement relevant managerial innovation from the private sector in the management of complex missions, including enhanced cross-functional teaming; (8) evaluate the state of collaboration among each Principal Staff Assistant in matters related to acquisition of cyber capabilities and other enabling technologies supporting the responsibilities specified in paragraph (1); (9) analyze and assess the Department’s performance in and posture for building and retaining the requisite workforce necessary to perform the responsibilities specified in paragraph (1); (10) determine optimal governance structures related to the management and advancement of the Department’s cyber workforce, including those structures defined under and evaluated pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and section 1726 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); (11) develop policy and legislative recommendations, as appropriate, to delineate and deconflict the roles and responsibilities of United States Cyber Command in defending and protecting the Department of Defense Information Network (DoDIN), with the responsibility of the Chief Information Officer, the Defense Information Systems Agency, and the military services to securely operate technologies described in paragraph (1)(B); (12) develop policy and legislative recommendations to enhance the authority of the Chief Information Officers within the military services, specifically as such relates to executive and budgetary control over matters related to such services’ information technology security, acquisition, and value; (13) develop policy and legislative recommendations, as appropriate, for optimizing the institutional constructs across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and responsible for the responsibilities specified in paragraph (1); and (14) make recommendations for any legislation determined appropriate. (c) Interim briefings \nNot later than 90 days after the commencement of the evaluation and review conducted pursuant to subsection (a) and every 30 days thereafter, the Secretary of Defense shall brief the congressional defense committees on interim findings of such evaluation and review. (d) Report \nNot later than 30 days after the completion of the evaluation and review conducted pursuant to subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on such evaluation and review.", "id": "HA517D6168A004E8C9A7A4CF0C4843761", "header": "Evaluation of Department of Defense cyber governance" }, { "text": "1505. Operational technology and mission-relevant terrain in cyberspace \n(a) Mission-relevant terrain \nNot later than January 1, 2025, the Secretary of Defense shall complete mapping of mission-relevant terrain in cyberspace for Defense Critical Assets and Task Critical Assets at sufficient granularity to enable mission thread analysis and situational awareness, including required— (1) decomposition of missions reliant on such Assets; (2) identification of access vectors; (3) internal and external dependencies; (4) topology of networks and network segments; (5) cybersecurity defenses across information and operational technology on such Assets; and (6) identification of associated or reliant weapon systems. (b) Combatant command responsibilities \nNot later than January 1, 2024, the Commanders of United States European Command, United States Indo-Pacific Command, United States Northern Command, United States Strategic Command, United States Space Command, United States Transportation Command, and other relevant Commands, in coordination with the Commander of United States Cyber Command, in order to enable effective mission thread analysis, cyber situational awareness, and effective cyber defense of Defense Critical Assets and Task Critical Assets under their control or in their areas of responsibility, shall develop, institute, and make necessary modifications to— (1) internal combatant command processes, responsibilities, and functions; (2) coordination with service components under their operational control, United States Cyber Command, Joint Forces Headquarters-Department of Defense Information Network, and the service cyber components; (3) combatant command headquarters’ situational awareness posture to ensure an appropriate level of cyber situational awareness of the forces, facilities, installations, bases, critical infrastructure, and weapon systems under their control or in their areas of responsibility, including, in particular, Defense Critical Assets and Task Critical Assets; and (4) documentation of their mission-relevant terrain in cyberspace. (c) Department of Defense Chief Information Officer responsibilities \n(1) In general \nNot later than November 1, 2023, the Chief Information Officer of the Department of Defense shall establish or make necessary changes to policy, control systems standards, risk management framework and authority to operate policies, and cybersecurity reference architectures to provide baseline cybersecurity requirements for operational technology in forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network. (2) Implementation of policies \nThe Chief Information Officer of the Department of Defense shall leverage acquisition guidance, concerted assessment of the Department’s operational technology enterprise, and coordination with the military department principal cyber advisors and chief information officers to drive necessary change and implementation of relevant policy across the Department’s forces, facilities, installations, bases, critical infrastructure, and weapon systems. (3) Additional responsibilities \nThe Chief Information Officer of the Department of Defense shall ensure that policies, control systems standards, and cybersecurity reference architectures— (A) are implementable by components of the Department; (B) limit adversaries’ ability to reach or manipulate control systems through cyberspace; (C) appropriately balance non-connectivity and monitoring requirements; (D) include data collection and flow requirements; (E) interoperate with and are informed by the operational community’s workflows for defense of information and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department; (F) integrate and interoperate with Department mission assurance construct; and (G) are implemented with respect to Defense Critical Assets and Task Critical Assets. (d) United States Cyber Command operational responsibilities \nNot later than January 1, 2025, the Commander of United States Cyber Command shall make necessary modifications to the mission, scope, and posture of Joint Forces Headquarters-Department of Defense Information Network to ensure that Joint Forces Headquarters— (1) has appropriate visibility of operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets and Task Critical Assets; (2) can effectively command and control forces to defend such operational technology; and (3) has established processes for— (A) incident and compliance reporting; (B) ensuring compliance with Department of Defense cybersecurity policy; and (C) ensuring that cyber vulnerabilities, attack vectors, and security violations, including, in particular, those specific to Defense Critical Assets and Task Critical Assets, are appropriately managed. (e) United States Cyber Command functional responsibilities \nNot later than January 1, 2025, the Commander of United States Cyber Command shall— (1) ensure in its role of Joint Forces Trainer for the Cyberspace Operations Forces that operational technology cyber defense is appropriately incorporated into training for the Cyberspace Operations Forces; (2) delineate the specific force composition requirements within the Cyberspace Operations Forces for specialized cyber defense of operational technology, including the number, size, scale, and responsibilities of defined Cyber Operations Forces elements; (3) develop and maintain, or support the development and maintenance of, a joint training curriculum for operational technology-focused Cyberspace Operations Forces; (4) support the Chief Information Officer of the Department of Defense as the Department’s senior official for the cybersecurity of operational technology under this section; (5) develop and institutionalize, or support the development and institutionalization of, tradecraft for defense of operational technology across local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces; (6) develop and institutionalize integrated concepts of operation, operational workflows, and cybersecurity architectures for defense of information and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets and Task Critical Assets, including— (A) deliberate and strategic sensoring of such Network and Assets; (B) instituting policies governing connections across and between such Network and Assets; (C) modelling of normal behavior across and between such Network and Assets; (D) engineering data flows across and between such Network and Assets; (E) developing local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces’ operational workflows and tactics, techniques, and procedures optimized for the designs, data flows, and policies of such Network and Assets; (F) instituting of model defensive cyber operations and Department of Defense Information Network operations tradecraft; and (G) integrating of such operations to ensure interoperability across echelons; and (7) advance the integration of the Department of Defense’s mission assurance, cybersecurity compliance, cybersecurity operations, risk management framework, and authority to operate programs and policies. (f) Service responsibilities \nNot later than January 1, 2025, the Secretaries of the military departments, through the service principal cyber advisors, chief information officers, the service cyber components, and relevant service commands, shall make necessary investments in operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network and the service-controlled forces responsible for defense of such operational technology to— (1) ensure that relevant local network and cybersecurity forces are responsible for defending operational technology across the forces, facilities, installations, bases, critical infrastructure, and weapon systems, including, in particular, Defense Critical Assets and Task Critical Assets; (2) ensure that relevant local operational technology-focused system operators, network and cybersecurity forces, mission defense teams and other service-retained forces, and cyber protection teams are appropriately trained, including through common training and use of cyber ranges, as appropriate, to execute the specific requirements of cybersecurity operations in operational technology; (3) ensure that all Defense Critical Assets and Task Critical Assets are monitored and defended by Cybersecurity Service Providers; (4) ensure that operational technology is appropriately sensored and appropriate cybersecurity defenses, including technologies associated with the More Situational Awareness for Industrial Control Systems Joint Capability Technology Demonstration, are employed to enable defense of Defense Critical Assets and Task Critical Assets; (5) implement Department of Defense Chief Information Officer policy germane to operational technology, including, in particular, with respect to Defense Critical Assets and Task Critical Assets; (6) plan for, designate, and train dedicated forces to be utilized in operational technology-centric roles across the military services and United States Cyber Command; and (7) ensure that operational technology, as appropriate, is not easily accessible via the internet and that cybersecurity investments accord with mission risk to and relevant access vectors for Defense Critical Assets and Task Critical Assets. (g) Office of the Secretary of Defense responsibilities \nNot later than January 1, 2023, the Secretary of Defense shall— (1) assess and finalize Office of the Secretary of Defense components’ roles and responsibilities for the cybersecurity of operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network; (2) assess the need to establish centralized or dedicated funding for remediation of cybersecurity gaps in operational technology across the Department of Defense Information Network; (3) make relevant modifications to the Department of Defense’s mission assurance construct, Mission Assurance Coordination Board, and other relevant bodies to drive— (A) prioritization of kinetic and non-kinetic threats to the Department’s missions and minimization of mission risk in the Department’s war plans; (B) prioritization of relevant mitigations and investments to harden and assure the Department’s missions and minimize mission risk in the Department’s war plans; and (C) completion of mission relevant terrain mapping of Defense Critical Assets and Task Critical Assets and population of associated assessment and mitigation data in authorized repositories; (4) make relevant modifications to the Strategic Cybersecurity Program; and (5) drive and provide oversight of the implementation of this section. (h) Budget rollout briefings \n(1) In general \nBeginning not later than 30 days after the date of the enactment of this Act, each of the Secretaries of the military departments, the Commander of United States Cyber Command, and the Chief Information Officer of the Department of Defense shall provide annual updates to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on activities undertaken and progress made to carry out this section. (2) Annual briefings \nNot later than one year after the date of the enactment of this Act and not less frequently than annually thereafter until January 1, 2024, the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition and Sustainment, the Chief Information Officer, and the Joint Staff J6, representing the combatant commands, shall individually or together provide briefings to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on activities undertaken and progress made to carry out this section. (i) Implementation \n(1) In general \nIn implementing this section, the Secretary of Defense shall prioritize the cybersecurity and cyber defense of Defense Critical Assets and Task Critical Assets and shape cyber investments, policy, operations, and deployments to ensure cybersecurity and cyber defense. (2) Application \nThis section shall apply to assets owned and operated by the Department of Defense, as well as to applicable non-Department assets essential to the projection, support, and sustainment of military forces and operations worldwide. (j) Definition \nIn this section: (1) Mission-relevant terrain in cyberspace \nmission-relevant terrain in cyberspace has the meaning given such term as specified in Joint Publication 6-0. (2) Operational technology \nThe term operational technology means control systems or controllers, communication architectures, and user interfaces that monitor or control infrastructure and equipment operating in various environments, such as weapon systems, utility or energy production and distribution, or medical, logistics, nuclear, biological, chemical, or manufacturing facilities.", "id": "HDF064FAD39B54C0FAB2AE4D801680C37", "header": "Operational technology and mission-relevant terrain in cyberspace" }, { "text": "1506. Matters concerning cyber personnel requirements \n(a) In general \nThe Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense, in consultation with Secretaries of the military departments and the head of any other organization or element of the Department the Secretary determines appropriate, shall— (1) determine the overall workforce requirement of the Department for cyberspace and information warfare military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel, and in doing so shall— (A) consider personnel in positions securing the Department of Defense Information Network and associated enterprise information technology, defense agencies and field activities, and combatant commands, including current billets primarily associated with the Department of Defense Cyber Workforce Framework; (B) consider the mix between military and civilian personnel, active and reserve components, and the use of the National Guard; (C) develop a talent management strategy that covers accessions, training, and education; and (D) consider such other elements as the Secretary determines appropriate; (2) assess current and future cyber education curriculum and requirements for military and civilian personnel, including— (A) acquisition personnel; (B) accessions and recruits to the military services; (C) cadets and midshipmen at the military service academies and enrolled in the Senior Reserve Officers’ Training Corps; (D) information environment and cyberspace military and civilian personnel; and (E) non-information environment cyberspace military and civilian personnel; (3) identify appropriate locations for information warfare and cyber education for military and civilian personnel, including— (A) the military service academies; (B) the senior level service schools and intermediate level service schools specified in section 2151(b) of title 10, United States Code; (C) the Air Force Institute of Technology; (D) the National Defense University; (E) the Joint Special Operations University; (F) the Command and General Staff Colleges; (G) the War Colleges; (H) any military education institution attached to or operating under any institution specified in this paragraph; (I) any other military educational institution of the Department identified by the Secretary for purposes of this section; (J) the Cyber Centers of Academic Excellence; and (K) potential future educational institutions of the Federal Government in accordance with the assessment required under subsection (b); and (4) determine— (A) whether the cyberspace domain mission requires a graduate level professional military education college on par with and distinct from the war colleges for the Army, Navy, and Air Force as in existence on the day before the date of the enactment of this Act; (B) whether such a college should be joint; and (C) where such a college should be located. (b) Assessment \nIn identifying appropriate locations for information warfare and cyber education for military and civilian personnel at potential future educational institutions of the Federal Government pursuant to subsection (a)(3)(K), the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense, in consultation with Secretaries of the military departments, the head of any other organization or element of the Department the Secretary determines appropriate, the Secretary of Homeland Security, and the National Cyber Director, shall assess the feasibility and advisability of establishing a National Cyber Academy or similar institute for the purpose of educating and training civilian and military personnel for service in cyber, information, and related fields throughout the Federal Government. (c) Reports required \n(1) Education \nNot later than November 1, 2022, the Secretary of Defense shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than January 1, 2023, the Secretary shall submit to such committees a report, on— (A) talent strategy to satisfy future cyber education requirements at appropriate locations referred to in subsection (a)(3); and (B) the findings of the Secretary in assessing cyber education curricula and identifying such locations. (2) Workforce \nNot later than November 1, 2024, the Secretary of Defense shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than January 1, 2025, the Secretary shall submit to such committees a report, on— (A) the findings of the Secretary in determining pursuant to subsection (a)(1) the overall workforce requirement of the Department of Defense for cyberspace and information warfare military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel; (B) such recommendations as the Secretary may have relating to such requirement; and (C) such legislative or administrative action as the Secretary identifies as necessary to effectively satisfy such requirement. (d) Education described \nIn this section, the term education includes formal education requirements, such as degrees and certification in targeted subject areas, as well as general training, including— (1) upskilling; (2) knowledge, skills, and abilities; and (3) nonacademic professional development.", "id": "H880765CAA18647A482551A4404303AD9", "header": "Matters concerning cyber personnel requirements" }, { "text": "1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command \n(a) Assignment of responsibilities \n(1) In general \nThe Commander of United States Cyber Command shall, subject to the authority, direction, and control of the Principal Cyber Advisor of the Department of Defense, be responsible for directly controlling and managing the planning, programming, budgeting, and execution of resources to train, equip, operate, and sustain the Cyber Mission Forces. (2) Effective date and applicability \nParagraph (1) shall take effect on the date of the enactment of this Act and apply— (A) on January 1, 2022, for controlling and managing budget execution; and (B) beginning with fiscal year 2024 and each fiscal year thereafter for directly controlling and managing the planning, programming, budgeting, and execution of resources. (b) Elements \n(1) In general \nThe responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall include the following: (A) Preparation of a program objective memorandum and budget estimate submission for the resources required to train, equip, operate, and sustain the Cyber Mission Forces. (B) Preparation of budget materials pertaining to United States Cyber Command for inclusion in the budget justification materials that are submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code) that is separate from any other military service or component of the Department. (2) Responsibilities not delegated \nThe responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall not include the following: (A) Military pay and allowances. (B) Funding for facility support that is provided by the military services. (c) Implementation plan \n(1) In general \nNot later than the date that is 30 days after the date of the enactment of this Act, the Comptroller General of the Department of Defense and the Commander of United States Cyber Command, in coordination with Chief Information Officer of the Department, the Principal Cyber Advisor, the Under Secretary of Defense for Acquisition and Sustainment, Cost Assessment and Program Evaluation, and the Secretaries of the military departments, shall jointly develop an implementation plan for the transition of responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1). (2) Elements \nThe implementation plan developed under paragraph (1) shall include the following: (A) A budgetary review to identify appropriate resources for transfer to the Commander of United States Cyber Command for carrying out responsibilities assigned pursuant to subsection (a)(1). (B) Definitions of appropriate roles and responsibilities. (C) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element for which the Commander of United States Cyber Command is responsible. (D) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element relevant to or that support the Cyber Mission Force for which the Secretaries of the military departments are responsible. (E) Required levels of civilian and military staffing within United States Cyber Command to carry out subsection (a)(1), and an estimate of when such levels of staffing will be achieved. (d) Briefing \n(1) In general \nNot later than the earlier of the date on which the implementation plan under subsection (c) is developed or the date that is 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the implementation plan. (2) Elements \nThe briefing required by paragraph (1) shall address any recommendations for when and how the Secretary of Defense should delegate to the Commander of United States Cyber Command budget authority for the Cyber Operations Forces (as such term is defined in the memorandum issued by the Secretary of Defense on December 12, 2019, relating to the definition of Department of Defense Cyberspace Operations Forces (DoD COF) ), after successful implementation of the responsibilities described in subsection (a) relating to the Cyber Mission Forces.", "id": "H604EDD810E5E44C8BC85D7EE5454B132", "header": "Assignment of certain budget control responsibilities to commander of United States Cyber Command" }, { "text": "1508. Coordination between United States Cyber Command and private sector \n(a) Voluntary process \nNot later than January 1, 2023, the Commander of United States Cyber Command shall establish a voluntary process to engage with private sector information technology and cybersecurity entities to explore and develop methods and plans through which the capabilities, knowledge, and actions of— (1) private sector entities operating inside the United States to defend against foreign malicious cyber actors could assist, or be coordinated with, the actions of United States Cyber Command operating outside the United States against such foreign malicious cyber actors; and (2) United States Cyber Command operating outside the United States against foreign malicious cyber actors could assist, or be coordinated with, the actions of private sector entities operating inside the United States against such foreign malicious cyber actors. (b) Annual briefing \n(1) In general \nDuring the period beginning on March 1, 2022, and ending on March 1, 2026, the Commander of United States Cyber Command shall, not less frequently than once each year, provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the status of any activities conducted pursuant to subsection (a). (2) Elements \nEach briefing provided under paragraph (1) shall include the following: (A) Such recommendations for legislative or administrative action as the Commander of United States Cyber Command considers appropriate to improve and facilitate the exploration and development of methods and plans under subsection (a). (B) Such recommendations as the Commander may have for increasing private sector participation in such exploration and development. (C) A description of the challenges encountered in carrying out subsection (a), including any concerns expressed to the Commander by private sector partners regarding participation in such exploration and development. (D) Information relating to how such exploration and development with the private sector could assist military planning by United States Cyber Command. (E) Such other matters as the Commander considers appropriate. (c) Consultation \nIn developing the process described in subsection (a), the Commander of United States Cyber Command shall consult with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and the heads of any other Federal agencies the Commander considers appropriate. (d) Integration with other efforts \nThe Commander of United States Cyber Command shall ensure that the process described in subsection (a) makes use of, builds upon, and, as appropriate, integrates with and does not duplicate, other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following: (1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency. (2) The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency. (3) The office for joint cyber planning of the Department of Homeland Security. (e) Protection of trade secrets and proprietary information \nThe Commander of United States Cyber Command shall ensure that any trade secret or proprietary information of a private sector entity engaged with the Department of Defense through the process established under subsection (a) that is made known to the Department pursuant to such process remains private and protected unless otherwise explicitly authorized by such entity. (f) Rule of construction \nNothing in this section may be construed to authorize United States Cyber Command to conduct operations inside the United States or for private sector entities to conduct offensive cyber activities outside the United States, except to the extent such operations or activities are permitted by a provision of law in effect on the day before the date of the enactment of this Act.", "id": "HC5A27D422011481E9947D052A9D83310", "header": "Coordination between United States Cyber Command and private sector" }, { "text": "1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities \n(a) Assessment of cyber posture of adversaries and operational assumptions of United States Government \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command, the Under Secretary of Defense for Policy, and the Under Secretary of Defense for Intelligence and Security, shall jointly sponsor or conduct an assessment, including, if appropriate, a war-game or tabletop exercise, of the current and emerging offensive and defensive cyber posture of adversaries of the United States and the current operational assumptions and plans of the Armed Forces for offensive cyber operations during potential crises or conflict. (2) Elements \nThe assessment required under paragraph (1) shall include consideration of the following: (A) Changes to strategies, operational concepts, operational preparation of the environment, and rules of engagement. (B) Opportunities provided by armed forces in theaters of operations and other innovative alternatives. (C) Changes in intelligence community (as such term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) targeting and operations in support of the Department of Defense. (D) Adversary capabilities to deny or degrade United States activities in cyberspace. (E) Adversaries’ targeting of United States critical infrastructure and implications for United States policy. (F) Potential effect of emerging technologies, such as fifth generation mobile networks, expanded use of cloud information technology services, and artificial intelligence. (G) Changes in Department of Defense organizational design. (H) The effect of private sector cybersecurity research. (F) Adequacy of intelligence support to cyberspace operations by Combat Support Agencies and Service Intelligence Centers. (b) Development of targeting strategies, supporting capabilities, and operational concepts \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command shall— (A) assess and establish the capabilities, capacities, tools, and tactics required to support targeting strategies for— (i) day-to-day persistent engagement of adversaries, including support to information operations; (ii) support to geographic combatant commanders at the onset of hostilities and during sustained conflict; and (iii) deterrence of attacks on United States critical infrastructure, including the threat of counter value responses; (B) develop future cyber targeting strategies and capabilities across the categories of cyber missions and targets with respect to which— (i) time-consuming and human effort-intensive stealthy operations are required to acquire and maintain access to targets, and the mission is so important it is worthwhile to expend such efforts to hold such targets at risk; (ii) target prosecution requires unique access and exploitation tools and technologies, and the target importance justifies the efforts, time, and expense relating thereto; (iii) operational circumstances do not allow for and do not require spending the time and human effort required for stealthy, nonattributable, and continuous access to targets; (iv) capabilities are needed to rapidly prosecute targets that have not been previously planned and that can be accessed and exploited using known, available tools and techniques; and (v) targets may be prosecuted with the aid of automated techniques to achieve speed, mass, and scale; (C) develop strategies for appropriate utilization of Cyber Mission Teams in support of combatant command objectives as— (i) adjuncts to or substitutes for kinetic operations; or (ii) independent means to achieve novel tactical, operational, and strategic objectives; and (D) develop collection and analytic support strategies for the service intelligence centers to assist operations by United States Cyber Command and the Service Cyber Components. (2) Briefing required \n(A) In general \nNot later than 30 days after the date on which all activities required under paragraph (1) have been completed, the Commander of United States Cyber Command shall provide the congressional defense committees a briefing on such activities. (B) Elements \nThe briefing provided pursuant to subparagraph (A) shall include the following: (i) Recommendations for such legislative or administrative action as the Commander of United States Cyber Command considers necessary to address capability shortcomings. (ii) Plans to address such capability shortcomings. (c) Country-specific access strategies \n(1) In general \nNot later than one year after the date on which all activities required under subsection (b)(1) have been completed, the Commander of United States Cyber Command shall complete development of country-specific access strategies for the Russian Federation, the People’s Republic of China, the Democratic People’s Republic of Korea, and the Islamic Republic of Iran. (2) Elements \nEach country-specific access strategy developed under paragraph (1) shall include the following: (A) Specification of desired and required— (i) outcomes; (ii) cyber warfighting architecture, including— (I) tools and redirectors; (II) access platforms; and (III) data analytics, modeling, and simulation capacity; (iii) specific means to achieve and maintain persistent access and conduct command and control and exfiltration against hard targets and in operationally challenging environments across the continuum of conflict; (iv) intelligence, surveillance, and reconnaissance support; (v) operational partnerships with allies; (vi) rules of engagement; (vii) personnel, training, and equipment; and (viii) targeting strategies, including strategies that do not demand deliberate targeting and precise access to achieve effects; and (B) recommendations for such policy or resourcing changes as the Commander of United States Cyber Command considers appropriate to address access shortfalls. (3) Consultation required \nThe Commander of United States Cyber Command shall develop the country-specific access strategies under paragraph (1) independently but in consultation with the following: (A) The Director of the National Security Agency. (B) The Director of the Central Intelligence Agency. (C) The Director of the Defense Advanced Research Projects Agency. (D) The Director of the Strategic Capabilities Office. (E) The Under Secretary of Defense for Policy. (F) The Principal Cyber Advisor to the Secretary of Defense. (G) The Commanders of all other combatant commands. (4) Briefing \nUpon completion of the country-specific access strategies under paragraph (1), the Commander of United States Cyber Command shall provide the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a briefing on such strategies. (d) Definition \nIn this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ).", "id": "H3AD8251F3F33402DBE545D242E107267", "header": "Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities" }, { "text": "1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure \n(a) Comprehensive assessment and recommendations required \nNot later than 180 days after the date of enactment of this section, the Secretary of Defense shall— (1) conduct a comprehensive assessment of the policy, capacity, and capabilities of the Department of Defense to diminish and defend the United States from the threat of ransomware attacks, including— (A) an assessment of the current and potential threats and risks to national and economic security posed by— (i) large-scale and sophisticated criminal cyber enterprises that provide large-scale and sophisticated cyber attack capabilities and infrastructure used to conduct ransomware attacks; and (ii) organizations that conduct or could conduct ransomware attacks or other attacks that use the capabilities and infrastructure described in clause (i) on a large scale against important assets and systems in the United States, including critical infrastructure; (B) an assessment of— (i) the threat posed to the Department of Defense Information Network and the United States by the large-scale and sophisticated criminal cyber enterprises, capabilities, and infrastructure described in subparagraph (A); and (ii) the current and potential role of United States Cyber Command in addressing the threat referred to in clause (i) including— (I) the threshold at which United States Cyber Command should respond to such a threat; and (II) the capacity for United States Cyber Command to respond to such a threat without harmful effects on other United States Cyber Command missions; (C) an identification of the current and potential Department efforts, processes, and capabilities to deter and counter the threat referred to in subparagraph (B)(i), including through offensive cyber effects operations; (D) an assessment of the application of the defend forward and persistent engagement operational concepts and capabilities of the Department to deter and counter the threat of ransomware attacks against the United States; (E) a description of the efforts of the Department in interagency processes, and joint collaboration with allies and partners of the United States, to address the growing threat from large-scale and sophisticated criminal cyber enterprises that conduct ransomware attacks and could conduct attacks with other objectives; (F) a determination of the extent to which the governments of countries in which large-scale and sophisticated criminal cyber enterprises are principally located are tolerating the activities of such enterprises, have interactions with such enterprises, could direct their operations, and could suppress such enterprises; (G) an assessment as to whether the large-scale and sophisticated criminal cyber enterprises described in subparagraph (F) are perfecting and practicing attack techniques and capabilities at scale that can be co-opted and placed in the service of the country in which such enterprises are principally located; and (H) identification of such legislative or administrative action as may be necessary to more effectively counter the threat of ransomware attacks; and (2) develop recommendations for the Department to build capabilities to develop and execute innovative methods to deter and counter the threat of ransomware attacks prior to and in response to the launching of such attacks. (b) Briefing \nNot later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the comprehensive assessment completed under paragraph (1) of subsection (a) and the recommendations developed under paragraph (2) of such subsection. (c) Definition \nIn this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ).", "id": "HE4E3A508CE0F4B66848562A537B64282", "header": "Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure" }, { "text": "1511. Comparative analysis of cybersecurity capabilities \n(a) Comparative analysis required \nNot later than 180 days after the date of the enactment of this Act, the Chief Information Officer and the Director of Cost Assessment and Program Evaluation (CAPE) of the Department of Defense, in consultation with the Principal Cyber Advisor to the Secretary of Defense and the Chief Information Officers of each of the military departments, shall jointly sponsor a comparative analysis, to be conducted by the Director of the National Security Agency and the Director of the Defense Information Systems Agency, of the following: (1) The cybersecurity tools, applications, and capabilities offered as options on enterprise software agreements for cloud-based productivity and collaboration suites, such as is offered under the Defense Enterprise Office Solution and Enterprise Software Agreement contracts with Department of Defense components, relative to the cybersecurity tools, applications, and capabilities that are currently deployed in, or required by, the Department to conduct— (A) asset discovery; (B) vulnerability scanning; (C) conditional access (also known as comply-to-connect ); (D) event correlation; (E) patch management and remediation; (F) endpoint query and control; (G) endpoint detection and response; (H) data rights management; (I) data loss prevention; (J) data tagging; (K) data encryption; (L) security information and event management; and (M) security orchestration, automation, and response. (2) The identity, credential, and access management (ICAM) system, and associated capabilities to enforce the principle of least privilege access, offered as an existing option on an enterprise software agreement described in paragraph (1), relative to— (A) the requirements of such system described in the Zero Trust Reference Architecture of the Department; and (B) the requirements of such system under development by the Defense Information Systems Agency. (3) The artificial intelligence and machine-learning capabilities associated with the tools, applications, and capabilities described in paragraphs (1) and (2), and the ability to host Government or third-party artificial intelligence and machine-learning algorithms pursuant to contracts referred to in paragraph (1) for such tools, applications, and capabilities. (4) The network consolidation and segmentation capabilities offered on the enterprise software agreements described in paragraph (1) relative to capabilities projected in the Zero Trust Reference Architecture. (5) The automated orchestration and interoperability among the tools, applications, and capabilities described in paragraphs (1) through (4). (b) Elements of comparative analysis \nThe comparative analysis conducted under subsection (a) shall include an assessment of the following: (1) Costs. (2) Performance. (3) Sustainment. (4) Scalability. (5) Training requirements. (6) Maturity. (7) Human effort requirements. (8) Speed of integrated operations. (9) Ability to operate on multiple operating systems and in multiple cloud environments. (10) Such other matters as the Chief Information Officer and the Director of Cost Assessment and Program Evaluation consider appropriate. (c) Briefing required \nNot later than 30 days after the date on which the comparative analysis required under subsection (a) is completed, the Chief Information Officer and the Director of Cost Assessment and Program Evaluation (CAPE) of the Department of Defense shall jointly provide the congressional defense committees with a briefing on the findings of the Chief Information Officer and the Director with respect to such analysis, together with such recommendations for legislative or administrative action as the Chief Information Officer and the Director may have with respect to the matters covered by such analysis.", "id": "H88EE41AD6B6B464A9AC7FA67CF0A901E", "header": "Comparative analysis of cybersecurity capabilities" }, { "text": "1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services \nSection 2012 of title 10, United States Code is amended— (1) in subsection (e)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: (3) Owners and operators of critical infrastructure (as such term is defined in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) )). ; and (2) in subsection (f), by adding at the end the following new paragraph: (5) Procedures to ensure that assistance provided to an entity specified in subsection (e)(3) is provided in a manner that is consistent with similar assistance provided under authorities applicable to other Federal departments and agencies, including the authorities of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security pursuant to title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. )..", "id": "HC749279C91454FFA8DB2E5950E65F805", "header": "Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services" }, { "text": "1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure \n(a) Report required \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the National Cyber Director, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that provides recommendations on how the Department of Defense can improve support and assistance to the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to increase awareness of cyber threats and vulnerabilities affecting information technology and networks supporting critical infrastructure within the United States, including critical infrastructure of the Department and critical infrastructure relating to the defense of the United States. (b) Elements of report \nThe report required by subsection (a) shall— (1) assess and identify areas in which the Department of Defense could provide support or assistance, including through information sharing and voluntary network monitoring programs, to the Cybersecurity and Infrastructure Security Agency to expand or increase technical understanding and awareness of cyber threats and vulnerabilities affecting critical infrastructure; (2) identify and assess any legal, policy, organizational, or technical barriers to carrying out paragraph (1); (3) assess and describe any legal or policy changes necessary to enable the Department to carry out paragraph (1) while preserving privacy and civil liberties; (4) assess and describe the budgetary and other resource effects on the Department of carrying out paragraph (1); and (5) provide a notional time-phased plan, including milestones, to enable the Department to carry out paragraph (1). (c) Critical infrastructure defined \nIn this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ).", "id": "H4CFA76F68F674022BF7997E3FC9D629B", "header": "Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure" }, { "text": "1521. Enterprise-wide procurement of cyber data products and services \n(a) Program \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall designate an executive agent for Department of Defense-wide procurement of cyber data products and services. The executive agent shall establish a program management office responsible for such procurement, and the program manager of such program office shall be responsible for the following: (1) Surveying components of the Department for the cyber data products and services needs of such components. (2) Conducting market research of cyber data products and services. (3) Developing or facilitating development of requirements, both independently and through consultation with components, for the acquisition of cyber data products and services. (4) Developing and instituting model contract language for the acquisition of cyber data products and services, including contract language that facilitates components’ requirements for ingesting, sharing, using and reusing, structuring, and analyzing data derived from such products and services. (5) Conducting procurement of cyber data products and services on behalf of the Department of Defense, including negotiating contracts with a fixed number of licenses based on aggregate component demand and negotiation of extensible contracts. (6) Carrying out the responsibilities specified in paragraphs (1) through (5) with respect to the cyber data products and services needs of the Cyberspace Operations Forces, such as cyber data products and services germane to cyberspace topology and identification of adversary threat activity and infrastructure, including— (A) facilitating the development of cyber data products and services requirements for the Cyberspace Operations Forces, conducting market research regarding the future cyber data products and services needs of the Cyberspace Operations Forces, and conducting acquisitions pursuant to such requirements and market research; (B) coordinating cyber data products and services acquisition and management activities with Joint Cyber Warfighting Architecture acquisition and management activities, including activities germane to data storage, data management, and development of analytics; (C) implementing relevant Department of Defense and United States Cyber Command policy germane to acquisition of cyber data products and services; (D) leading or informing the integration of relevant datasets and services, including Government-produced threat data, commercial cyber threat information, collateral telemetry data, topology-relevant data, sensor data, and partner-provided data; and (E) facilitating the development of tradecraft and operational workflows based on relevant cyber data products and services. (b) Coordination \nIn implementing this section, each component of the Department of Defense shall coordinate its cyber data products and services requirements and potential procurement plans relating to such products and services with the program management office established pursuant to subsection (a) so as to enable such office to determine if satisfying such requirements or procurement of such products and services on an enterprise-wide basis would serve the best interests of the Department. (c) Prohibition \nBeginning not later than 540 days after the date of the enactment of this Act, no component of the Department of Defense may independently procure a cyber data product or service that has been procured by the program management office established pursuant to subsection (a), unless— (1) such component is able to procure such product or service at a lower per-unit price than that available through such office; or (2) such office has approved such independent purchase. (d) Exception \nUnited States Cyber Command and the National Security Agency may conduct joint procurements of products and services, including cyber data products and services, except that the requirements of subsections (b) and (c) shall not apply to the National Security Agency. (e) Definition \nIn this section, the term cyber data products and services means commercially-available datasets and analytic services germane to offensive cyber, defensive cyber, and DODIN operations, including products and services that provide technical data, indicators, and analytic services relating to the targets, infrastructure, tools, and tactics, techniques, and procedures of cyber threats.", "id": "HCF14F28A492849A18C7992A570FB1F61", "header": "Enterprise-wide procurement of cyber data products and services" }, { "text": "1522. Legacy information technologies and systems accountability \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each initiate efforts to identify legacy applications, software, and information technology within their respective Departments and eliminate any such application, software, or information technology that is no longer required. (b) Specifications \nTo carry out subsection (a), that Secretaries of the Army, Navy, and Air Force shall each document the following: (1) An identification of the applications, software, and information technologies that are considered active or operational, but which are judged to no longer be required by the respective Department. (2) Information relating to the sources of funding for the applications, software, and information technologies identified pursuant to paragraph (1). (3) An identification of the senior official responsible for each such application, software, or information technology. (4) A plan to discontinue use and funding for each such application, software, or information technology. (c) Exemption \nAny effort substantially similar to that described in subsections (a) and (b) that is being carried out by the Secretary of the Army, Navy, or Air Force as of the date of the enactment of this Act and completed not later 180 days after such date shall be treated as satisfying the requirements under such subsections. (d) Report \nNot later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each submit to the congressional defense committees the documentation required under subsection (b).", "id": "HC31F750518644355B9122F3DCBDEFF2B", "header": "Legacy information technologies and systems accountability" }, { "text": "1523. Update relating to responsibilities of Chief Information Officer \nParagraph (1) of section 142(b) of title 10, United States Code, is amended— (1) in subparagraphs (A), (B), and (C), by striking (other than with respect to business management) each place it appears; and (2) by amending subparagraph (D) to read as follows: (D) exercises authority, direction, and control over the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, funded through the Information Systems Security Program;.", "id": "HFE7BB9004A62420895D5D06243C7B0EF", "header": "Update relating to responsibilities of Chief Information Officer" }, { "text": "1524. Protective Domain Name System within the Department of Defense \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall ensure each component of the Department of Defense uses a Protective Domain Name System (PDNS) instantiation offered by the Department. (b) Exemptions \nThe Secretary of Defense may exempt a component of the Department from using a PDNS instantiation for any reason except with respect to cost or technical application. (c) Report to Congress \nNot later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes information relating to— (1) each component of the Department of Defense that uses a PDNS instantiation offered by the Department; (2) each component exempt from using a PDNS instantiation pursuant to subsection (b); and (3) efforts to ensure that each PDNS instantiation offered by the Department connects and shares relevant and timely data.", "id": "H6CE2A732C256446CB8AD76F3A5BA2928", "header": "Protective Domain Name System within the Department of Defense" }, { "text": "1525. Cybersecurity of weapon systems \nSection 1640 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2224 note), is amended by adding at the end the following new subsection: (f) Annual reports \nNot later than August 30, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the congressional defense committees a report on the work of the Program, including information relating to staffing and accomplishments..", "id": "HD549FBC3C75E4D4E8A05F25C2653D7E7", "header": "Cybersecurity of weapon systems" }, { "text": "1526. Assessment of controlled unclassified information program \nSection 1648 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note), is amended— (1) in subsection (a), by striking February 1, 2020 and inserting 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; and (2) in subsection (b), by amending paragraph (4) to read as follows: (4) Definitions for Controlled Unclassified Information (CUI) and For Official Use Only (FOUO), policies regarding protecting information designated as either of such, and an explanation of the DoD CUI Program and Department of Defense compliance with the responsibilities specified in Department of Defense Instruction (DoDI) 5200.48, Controlled Unclassified Information (CUI), including the following: (A) The extent to which the Department of Defense is identifying whether information is CUI via a contracting vehicle and marking documents, material, and media containing such information in a clear and consistent manner. (B) Recommended regulatory or policy changes to ensure consistency and clarity in CUI identification and marking requirements. (C) Circumstances under which commercial information is considered CUI, and any impacts to the commercial supply chain associated with security and marking requirements pursuant to this paragraph. (D) Benefits and drawbacks of requiring all CUI to be marked with a unique CUI legend, versus requiring that all data marked with an appropriate restricted legend be handled as CUI. (E) The extent to which the Department of Defense clearly delineates Federal Contract Information (FCI) from CUI. (F) Examples or scenarios to illustrate information that is and is not CUI..", "id": "HC4C76A5EE70C4FA38E57017AA5E9E30B", "header": "Assessment of controlled unclassified information program" }, { "text": "1527. Cyber data management \n(a) In general \nThe Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief Information Officer and the Chief Data Officer of the Department of Defense, and the Chairman of the Joint Chiefs of Staff, shall— (1) access, acquire, and use mission-relevant data to support offensive cyber, defensive cyber, and DODIN operations from the intelligence community, other elements of the Department of Defense, and the private sector; (2) develop policy, processes, and operating procedures governing the access, ingest, structure, storage, analysis, and combination of mission-relevant data, including— (A) intelligence data; (B) internet traffic, topology, and activity data; (C) cyber threat information; (D) Department of Defense Information Network sensor, tool, routing infrastructure, and endpoint data; and (E) other data management and analytic platforms pertinent to United States Cyber Command missions that align with the principles of Joint All Domain Command and Control; (3) pilot efforts to develop operational workflows and tactics, techniques, and procedures for the operational use of mission-relevant data by the Cyberspace Operations Forces; and (4) evaluate data management platforms used to carry out paragraphs (1), (2), and (3) to ensure such platforms operate consistently with the Deputy Secretary of Defense’s Data Decrees signed on May 5, 2021. (b) Roles and responsibilities \n(1) In general \nNot later than 270 days after the date of the enactment of this Act, the Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief Information Officer and Chief Data Officer of the Department of Defense, and the Chairman of the Joint Chiefs of Staff, shall establish the specific roles and responsibilities of the following in implementing each of the tasks required under subsection (a): (A) United States Cyber Command. (B) Program offices responsible for the components of the Joint Cyber Warfighting Architecture. (C) The military services. (D) Entities in the Office of the Secretary of Defense. (E) Any other program office, headquarters element, or operational component newly instantiated or determined relevant by the Secretary. (2) Briefing \nNot later than 300 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the roles and responsibilities established under paragraph (1).", "id": "H7E614BEF5A124C3D81ECB503E1D54FA0", "header": "Cyber data management" }, { "text": "1528. Zero trust strategy, principles, model architecture, and implementation plans \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall jointly develop a zero trust strategy, principles, and a model architecture to be implemented across the Department of Defense Information Network, including classified networks, operational technology, and weapon systems. (b) Strategy, principles, and model architecture elements \nThe zero trust strategy, principles, and model architecture required under subsection (a) shall include, at a minimum, the following elements: (1) Prioritized policies and procedures for establishing implementations of mature zero trust enabling capabilities within on-premises, hybrid, and pure cloud environments, including access control policies that determine which persona or device shall have access to which resources and the following: (A) Identity, credential, and access management. (B) Macro and micro network segmentation, whether in virtual, logical, or physical environments. (C) Traffic inspection. (D) Application security and containment. (E) Transmission, ingest, storage, and real-time analysis of cybersecurity metadata endpoints, networks, and storage devices. (F) Data management, data rights management, and access controls. (G) End-to-end encryption. (H) User access and behavioral monitoring, logging, and analysis. (I) Data loss detection and prevention methodologies. (J) Least privilege, including system or network administrator privileges. (K) Endpoint cybersecurity, including secure host, endpoint detection and response, and comply-to-connect requirements. (L) Automation and orchestration. (M) Configuration management of virtual machines, devices, servers, routers, and similar to be maintained on a single virtual device approved list (VDL). (2) Policies specific to operational technology, critical data, infrastructures, weapon systems, and classified networks. (3) Specification of enterprise-wide acquisitions of capabilities conducted or to be conducted pursuant to the policies referred to in paragraph (2). (4) Specification of standard zero trust principles supporting reference architectures and metrics-based assessment plan. (5) Roles, responsibilities, functions, and operational workflows of zero trust cybersecurity architecture and information technology personnel— (A) at combatant commands, military services, and defense agencies; and (B) Joint Forces Headquarters-Department of Defense Information Network. (c) Architecture development and implementation \nIn developing and implementing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall— (1) coordinate with— (A) the Principal Cyber Advisor to the Secretary of Defense; (B) the Director of the National Security Agency Cybersecurity Directorate; (C) the Director of the Defense Advanced Research Projects Agency; (D) the Chief Information Officer of each military service; (E) the Commanders of the cyber components of the military services; (F) the Principal Cyber Advisor of each military service; (G) the Chairman of the Joints Chiefs of Staff; and (H) any other component of the Department of Defense as determined by the Chief Information Officer and the Commander; (2) assess the utility of the Joint Regional Security Stacks, automated continuous endpoint monitoring program, assured compliance assessment solution, and each of the defenses at the Internet Access Points for their relevance and applicability to the zero trust architecture and opportunities for integration or divestment; (3) employ all available resources, including online training, leveraging commercially available zero trust training material, and other Federal agency training, where feasible, to implement cybersecurity training on zero trust at the— (A) executive level; (B) cybersecurity professional or implementer level; and (C) general knowledge levels for Department of Defense users; (4) facilitate cyber protection team and cybersecurity service provider threat hunting and discovery of novel adversary activity; (5) assess and implement means to effect Joint Force Headquarters-Department of Defense Information Network’s automated command and control of the entire Department of Defense Information Network; (6) assess the potential of and, as appropriate, encourage, use of third-party cybersecurity-as-a-service models; (7) engage with and conduct outreach to industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to deployment of zero trust architectures; (8) assess the current Comply-to-Connect Plan; and (9) review past and conduct additional pilots to guide development, including— (A) utilization of networks designated for testing and accreditation under section 1658 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note); (B) use of automated red team products for assessment of pilot architectures; and (C) accreditation of piloted cybersecurity products for enterprise use in accordance with the findings on enterprise accreditation standards conducted pursuant to section 1654 of such Act ( Public Law 116–92 ). (d) Implementation plans \n(1) In general \nNot later than one year after the finalization of the zero trust strategy, principles, and model architecture required under subsection (a), the head of each military department and the head of each component of the Department of Defense shall transmit to the Chief Information Officer of the Department and the Commander of Joint Forces Headquarters-Department of Defense Information Network a draft plan to implement such zero trust strategy, principles, and model architecture across the networks of their respective components and military departments. (2) Elements \nEach implementation plan transmitted pursuant to paragraph (1) shall include, at a minimum, the following: (A) Specific acquisitions, implementations, instrumentations, and operational workflows to be implemented across unclassified and classified networks, operational technology, and weapon systems. (B) A detailed schedule with target milestones and required expenditures. (C) Interim and final metrics, including a phase migration plan. (D) Identification of additional funding, authorities, and policies, as may be required. (E) Requested waivers, exceptions to Department of Defense policy, and expected delays. (e) Implementation oversight \n(1) In general \nThe Chief Information Officer of the Department of Defense shall— (A) assess the implementation plans transmitted pursuant to subsection (d)(1) for— (i) adequacy and responsiveness to the zero trust strategy, principles, and model architecture required under subsection (a); and (ii) appropriate use of enterprise-wide acquisitions; (B) ensure, at a high level, the interoperability and compatibility of individual components’ Solutions Architectures, including the leveraging of enterprise capabilities where appropriate through standards derivation, policy, and reviews; (C) use the annual investment guidance of the Chief to ensure appropriate implementation of such plans, including appropriate use of enterprise-wide acquisitions; (D) track use of waivers and exceptions to policy; (E) use the Cybersecurity Scorecard to track and drive implementation of Department components; and (F) leverage the authorities of the Commander of Joint Forces Headquarters-Department of Defense Information Network and the Director of the Defense Information Systems Agency to begin implementation of such zero trust strategy, principles, and model architecture. (2) Assessments of funding \nNot later than March 31, 2024, and annually thereafter, each Principal Cyber Advisor of a military service shall include in the annual budget certification of such military service, as required by section 1657(d) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note), an assessment of the adequacy of funding requested for each proposed budget for the purposes of carrying out the implementation plan for such military service under subsection (d)(1). (f) Initial briefings \n(1) On model architecture \nNot later than 90 days after finalizing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information Officer of the Department of Defense and the Commander of Joint Forces Headquarters-Department of Defense Information Network shall provide to the congressional defense committees a briefing on such zero trust strategy, principles, and model architecture. (2) On implementation plans \nNot later than 90 days after the receipt by the Chief Information Officer of the Department of Defense of an implementation plan transmitted pursuant to subsection (d)(1), the secretary of a military department, in the case of an implementation plan pertaining to a military department or a military service, or the Chief Information Officer of the Department, in the case of an implementation plan pertaining to a remaining component of the Department, as the case may be, shall provide to the congressional defense committees a briefing on such implementation plan. (g) Annual briefings \nEffective February 1, 2022, at each of the annual cybersecurity budget review briefings of the Chief Information Officer of the Department of Defense and the military services for congressional staff, until January 1, 2030, the Chief Information Officer and the head of each of the military services shall provide updates on the implementation in their respective networks of the zero trust strategy, principles, and model architecture.", "id": "HDFE5B9A4D1E94AAC9992547A8AEB6E04", "header": "Zero trust strategy, principles, model architecture, and implementation plans" }, { "text": "1529. Demonstration program for automated security validation tools \n(a) Demonstration program required \nNot later than October 1, 2024, the Chief Information Officer of the Department of Defense, acting through the Director of the Defense Information Systems Agency of the Department, shall complete a demonstration program to demonstrate and assess an automated security validation capability to assist the Department by— (1) mitigating cyber hygiene challenges; (2) supporting ongoing efforts of the Department to assess weapon systems resiliency; (3) quantifying enterprise security effectiveness of enterprise security controls, to inform future acquisition decisions of the Department; (4) assisting portfolio managers with balancing capability costs and capability coverage of the threat landscape; and (5) supporting the Department’s Cybersecurity Analysis and Review threat framework. (b) Considerations \nIn developing capabilities for the demonstration program required under subsection (a), the Chief Information Officer shall consider— (1) integration into automated security validation tools of advanced commercially available threat intelligence; (2) metrics and scoring of security controls; (3) cyber analysis, cyber campaign tracking, and cybersecurity information sharing; (4) integration into cybersecurity enclaves and existing cybersecurity controls of security instrumentation and testing capability; (5) endpoint sandboxing; and (6) use of actual adversary attack methodologies. (c) Coordination with military services \nIn carrying out the demonstration program required under subsection (a), the Chief Information Officer, acting through the Director of the Defense Information Systems Agency, shall coordinate demonstration program activities with complementary efforts on-going within the military services, defense agencies, and field agencies. (d) Independent capability assessment \nIn carrying out the demonstration program required under subsection (a), the Chief Information Officer, acting through the Director of the Defense Information Systems Agency and in coordination with the Director, Operational Test and Evaluation, shall perform operational testing to evaluate the operational effectiveness, suitability, and cybersecurity of the capabilities developed under the demonstration program. (e) Briefing \n(1) Initial briefing \nNot later than April 1, 2022, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the plans and status of the Chief Information Officer with respect to the demonstration program required under subsection (a). (2) Final briefing \nNot later than October 31, 2024, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the results and findings of the Chief Information Officer with respect to the demonstration program required under subsection (a).", "id": "H031F298B52CE4B4D8CF0D0466308209B", "header": "Demonstration program for automated security validation tools" }, { "text": "1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters \nSection 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking one or more consortia and inserting a consortium ; and (B) in paragraph (1), by striking or consortia ; (2) in subsection (b), by striking or consortia ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) Designation of administrative chair \nThe Secretary of Defense shall designate the National Defense University College of Information and Cyberspace to function as the administrative chair of the consortium established pursuant to subsection (a). ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (D) in paragraph (2), as so redesignated— (i) in the matter preceding subparagraph (A)— (I) by striking Each administrative and inserting The administrative ; and (II) by striking a consortium and inserting the consortium ; and (ii) in subparagraph (A), by striking for the term specified by the Secretary under paragraph (1) ; and (E) by amending paragraph (3), as so redesignated, to read as follows: (3) Executive committee \nThe Secretary, in consultation with the administrative chair, may form an executive committee for the consortium that is comprised of representatives of the Federal Government to assist the chair with the management and functions of the consortium. ; and (4) by amending subsection (d) to read as follows: (d) Consultation \nThe Secretary shall meet with such members of the consortium as the Secretary considers appropriate, not less frequently than twice each year or at such periodicity as is agreed to by the Secretary and the consortium..", "id": "H796AD0E701864F3A8BA7483DBEDDAA98", "header": "Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters" }, { "text": "1531. Digital development infrastructure plan and working group \n(a) Plan required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the working group established under subsection (d)(1), shall develop a plan for the establishment of a modern information technology infrastructure that supports state of the art tools and modern processes to enable effective and efficient development, testing, fielding, and continuous updating of artificial intelligence-capabilities. (b) Contents of plan \nThe plan developed pursuant to subsection (a) shall include at a minimum the following: (1) A technical plan and guidance for necessary technical investments in the infrastructure described in subsection (a) that address critical technical issues, including issues relating to common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure. (2) A governance structure, together with associated policies and guidance, to support the implementation throughout the Department of such plan. (3) Identification and minimum viable instantiations of prototypical development and platform environments with such infrastructure, including enterprise data sets assembled under subsection (e). (c) Harmonization with departmental efforts \nThe plan developed pursuant to subsection (a) shall include a description of the aggregated and consolidated financial and personnel requirements necessary to implement each of the following Department of Defense documents: (1) The Department of Defense Digital Modernization Strategy. (2) The Department of Defense Data Strategy. (3) The Department of Defense Cloud Strategy. (4) The Department of Defense Software Modernization Strategy. (5) The Department-wide software science and technology strategy required under section 255 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 2223a note). (6) The Department of Defense Artificial Intelligence Data Initiative. (7) The Joint All-Domain Command and Control Strategy. (8) Such other documents as the Secretary determines appropriate. (d) Working group \n(1) Establishment \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group on digital development infrastructure implementation to develop the plan required under subsection (a). (2) Membership \nThe working group established under paragraph (1) shall be composed of individuals selected by the Secretary of Defense to represent each of the following: (A) The Office of Chief Data Officer (CDO). (B) The Component Offices of Chief Information Officer and Chief Digital Officer. (C) The Joint Artificial Intelligence Center (JAIC). (D) The Office of the Under Secretary of Defense for Research & Engineering (OUSD (R&E)). (E) The Office of the Under Secretary of Defense for Acquisition & Sustainment (OUSD (A&S)). (F) The Office of the Under Secretary of Defense for Intelligence & Security (OUSD (I&S)). (G) Service Acquisition Executives. (H) The Office of the Director of Operational Test and Evaluation (DOT&E). (I) The office of the Director of the Defense Advanced Research Projects Agency (DARPA). (J) Digital development infrastructure programs, including the appropriate activities of the military services and defense agencies. (K) Such other officials of the Department of Defense as the Secretary determines appropriate. (3) Chairperson \nThe chairperson of the working group established under paragraph (1) shall be the Chief Information Officer of the Department of Defense, or such other official as the Secretary of Defense considers appropriate. (4) Consultation \nThe working group shall consult with such experts outside of the Department of Defense as the working group considers necessary to develop the plan required under subsection (a). (e) Strategic data node \nTo enable efficient access to enterprise data sets referred to in subsection (b)(3) for users with authorized access, the Secretary of Defense shall assemble such enterprise data sets in the following areas: (1) Human resources. (2) Budget and finance. (3) Acquisition. (4) Logistics. (5) Real estate. (6) Health care. (7) Such other areas as the Secretary considers appropriate. (f) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the development of the plan required under subsection (a).", "id": "H85F7D65EEB2F444584CC9495B1CCD600", "header": "Digital development infrastructure plan and working group" }, { "text": "1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a study regarding the need, feasibility, and advisability of establishing within the Department of Defense a designated central program office responsible for overseeing covered academic engagement programs across the Department. Such study shall examine the following: (1) Whether the Department’s cyber-focused academic engagement needs more coherence, additional coordination, or improved management, and whether a designated central program office would provide such benefits. (2) How such a designated central program office would coordinate and harmonize Department programs relating to covered academic engagement programs. (3) Metrics such office would use to measure the effectiveness of covered academic engagement programs. (4) Whether such an office is necessary to serve as an identifiable entry point to the Department by the academic community. (5) Whether the cyber discipline with respect to academic engagement should be treated separately from other STEM fields. (6) How such an office would interact with the consortium universities (established pursuant to section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 391 note)) to assist the Secretary on cybersecurity matters. (7) Whether the establishment of such an office would have an estimated net savings for the Department. (b) Consultation \nIn conducting the study required under subsection (a), the Secretary of Defense shall consult with and solicit recommendations from academic institutions and stakeholders, including primary, secondary, and post-secondary educational institutions. (c) Determination \n(1) In general \nUpon completion of the study required under subsection (a), the Secretary of Defense shall make a determination regarding the establishment within the Department of Defense of a designated central program office responsible for overseeing covered academic engagement programs across the Department. (2) Implementation \nIf the Secretary of Defense makes an affirmative determination in accordance with paragraph (1), the Secretary shall establish within the Department of Defense a designated central program office responsible for overseeing covered academic programs across the Department. Not later than 180 days after such a determination, the Secretary shall promulgate such rules and regulations as are necessary to so establish such an office. (3) Negative determination \nIf the Secretary of Defense makes a negative determination in accordance with paragraph (1), the Secretary shall submit to the congressional defense committees notice of such determination, together with a justification for such determination. Such justification shall include— (A) how the Secretary intends to coordinate and harmonize covered academic engagement programs; and (B) measures to determine effectiveness of covered academic engagement programs absent a designated central program office responsible for overseeing covered academic programs across the Department. (d) Report \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that updates the matters required for inclusion in the reports required pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and section 1726(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (e) Definition \nIn this section, the term covered academic engagement program means each of the following: (1) Primary, secondary, or post-secondary education programs with a cyber focus. (2) Recruitment or retention programs for Department of Defense cyberspace personnel, including scholarship programs. (3) Academic partnerships focused on establishing cyber talent. (4) Cyber enrichment programs.", "id": "HAF83A7FEF9F944B79CE037C0598F1FFE", "header": "Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department" }, { "text": "1533. Report on the Cybersecurity Maturity Model Certification program \n(a) Report required \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the plans and recommendations of the Secretary for the Cyber Maturity Model Certification program. (b) Contents \nThe report submitted under subsection (a) shall include the following: (1) The programmatic changes required in the Cyber Maturity Model Certification program to address the plans and recommendations of the Secretary of Defense referred to in such subsection. (2) The strategy of the Secretary for rulemaking for such program and the process for the Cybersecurity Maturity Model Certification rule. (3) The budget and resources required to support such program. (4) A plan for communication and coordination with the defense industrial base regarding such program. (5) The coordination needed within the Department of Defense and between Federal agencies for such program. (6) The applicability of such program requirements to universities and academic partners of the Department. (7) A plan for communication and coordination with such universities and academic partners regarding such program. (8) Plans and explicit public announcement of processes for reimbursement of cybersecurity compliance expenses for small and non-traditional businesses in the defense industrial base. (9) Plans for ensuring that persons seeking a Department contract for the first time are not required to expend funds to acquire cybersecurity capabilities and a certification required to perform under a contract as a precondition for bidding on such a contract without reimbursement in the event that such persons do not receive a contract award. (10) Clarification of roles and responsibilities of prime contractors for assisting and managing cybersecurity performance of subcontractors. (11) Such additional matters as the Secretary considers appropriate.", "id": "HD5706A331A7C4E47B2F54B3D654E0FD2", "header": "Report on the Cybersecurity Maturity Model Certification program" }, { "text": "1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system \nSubsection (c) of section 499 of title 10, United States Code, is amended— (1) in the heading, by striking Report and inserting Reports ; (2) in paragraph (1), in the matter preceding subparagraph (A)— (A) by striking The Commanders and inserting For each assessment conducted under subsection (a), the Commanders ; and (B) by striking the assessment required by subsection (a) and inserting the assessment ; (3) in paragraph (2), by striking the report and inserting each report ; and (4) in paragraph (3)— (A) by striking The Secretary and inserting Not later than 90 days after the date of the submission of a report under paragraph (1), the Secretary ; and (B) by striking required by paragraph (1).", "id": "HDDCBCCE3275A4D19A9152E031271F2EB", "header": "Deadline for reports on assessment of cyber resiliency of nuclear command and control system" }, { "text": "1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems \n(a) In general \nSection 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended— (1) in subsection (e)(1)— (A) in subparagraph (G), by striking and; after the semicolon; (B) in subparagraph (H), by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (I) activities of the Center address the security of both information technology and operational technology, including industrial control systems; ; and (2) by adding at the end the following new subsection: (q) Industrial control systems \nThe Director shall maintain capabilities to identify and address threats and vulnerabilities to products and technologies intended for use in the automated control of critical infrastructure processes. In carrying out this subsection, the Director shall— (1) lead Federal Government efforts, in consultation with Sector Risk Management Agencies, as appropriate, to identify and mitigate cybersecurity threats to industrial control systems, including supervisory control and data acquisition systems; (2) maintain threat hunting and incident response capabilities to respond to industrial control system cybersecurity risks and incidents; (3) provide cybersecurity technical assistance to industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control system stakeholders to identify, evaluate, assess, and mitigate vulnerabilities; (4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control systems stakeholders; and (5) conduct such other efforts and assistance as the Secretary determines appropriate.. (b) Report to Congress \nNot later than 180 days after the date of the enactment of this Act and every six months thereafter during the subsequent 4-year period, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing on the industrial control systems capabilities of the Agency under section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by subsection (a). (c) GAO review \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall review implementation of the requirements of subsections (e)(1)(I) and (p) of section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by subsection (a), and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes findings and recommendations relating to such implementation. Such report shall include information on the following: (1) Any interagency coordination challenges to the ability of the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to lead Federal efforts to identify and mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(1) of such section. (2) The degree to which the Agency has adequate capacity, expertise, and resources to carry out threat hunting and incident response capabilities to mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(2) of such section, as well as additional resources that would be needed to close any operational gaps in such capabilities. (3) The extent to which industrial control system stakeholders sought cybersecurity technical assistance from the Agency pursuant to subsection (p)(3) of such section, and the utility and effectiveness of such technical assistance. (4) The degree to which the Agency works with security researchers and other industrial control systems stakeholders, pursuant to subsection (p)(4) of such section, to provide vulnerability information to the industrial control systems community.", "id": "H77E86D36C4D447409C0840E322466E06", "header": "Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems" }, { "text": "1542. Cybersecurity vulnerabilities \nSection 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and (B) by inserting after paragraph (3) the following new paragraph: (4) the term cybersecurity vulnerability has the meaning given the term security vulnerability in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 );. (2) in subsection (c)— (A) in paragraph (5)— (i) in subparagraph (A), by striking and after the semicolon at the end; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following new subparagraph: (B) sharing mitigation protocols to counter cybersecurity vulnerabilities pursuant to subsection (n), as appropriate; and ; and (iv) in subparagraph (C), as so redesignated, by inserting and mitigation protocols to counter cybersecurity vulnerabilities in accordance with subparagraph (B), as appropriate, before with Federal ; (B) in paragraph (7)(C), by striking sharing and inserting share ; and (C) in paragraph (9), by inserting mitigation protocols to counter cybersecurity vulnerabilities, as appropriate, after measures, ; (3) by redesignating subsection (o) as subsection (p); and (4) by inserting after subsection (n) following new subsection: (o) Protocols to counter certain cybersecurity vulnerabilities \nThe Director may, as appropriate, identify, develop, and disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, including in circumstances in which such vulnerabilities exist because software or hardware is no longer supported by a vendor..", "id": "H284066A47F4B4890B8D908501DF1AEA5", "header": "Cybersecurity vulnerabilities" }, { "text": "1543. Report on cybersecurity vulnerabilities \n(a) Report \nNot later than one year after the date of the enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on how the Agency carries out subsection (n) of section 2209 of the Homeland Security Act of 2002 to coordinate vulnerability disclosures, including disclosures of cybersecurity vulnerabilities (as such term is defined in such section), and subsection (o) of such section to disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, that include the following: (1) A description of the policies and procedures relating to the coordination of vulnerability disclosures. (2) A description of the levels of activity in furtherance of such subsections (n) and (o) of such section 2209. (3) Any plans to make further improvements to how information provided pursuant to such subsections can be shared (as such term is defined in such section 2209) between the Department and industry and other stakeholders. (4) Any available information on the degree to which such information was acted upon by industry and other stakeholders. (5) A description of how privacy and civil liberties are preserved in the collection, retention, use, and sharing of vulnerability disclosures. (b) Form \nThe report required under subsection (b) shall be submitted in unclassified form but may contain a classified annex.", "id": "HCDDC499E3862464EBEBBD652CF75E6B9", "header": "Report on cybersecurity vulnerabilities" }, { "text": "1544. Competition relating to cybersecurity vulnerabilities \nThe Under Secretary for Science and Technology of the Department of Homeland Security, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department, may establish an incentive-based program that allows industry, individuals, academia, and others to compete in identifying remediation solutions for cybersecurity vulnerabilities (as such term is defined in section 2209 of the Homeland Security Act of 2002) to information systems (as such term is defined in such section 2209) and industrial control systems, including supervisory control and data acquisition systems.", "id": "HF71489F24232465CBFA6BA7E12744B5F", "header": "Competition relating to cybersecurity vulnerabilities" }, { "text": "1545. Strategy \nSection 2210 of the Homeland Security Act of 2002 ( 6 U.S.C. 660 ) is amended by adding at the end the following new subsection: (e) Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments \n(1) In general \n(A) Requirement \nNot later than one year after the date of the enactment of this subsection, the Secretary, acting through the Director, shall, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, develop and make publicly available a Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments. (B) Recommendations and requirements \nThe strategy required under subparagraph (A) shall provide recommendations relating to the ways in which the Federal Government should support and promote the ability of State, local, Tribal, and territorial governments to identify, mitigate against, protect against, detect, respond to, and recover from cybersecurity risks (as such term is defined in section 2209), cybersecurity threats, and incidents (as such term is defined in section 2209). (2) Contents \nThe strategy required under paragraph (1) shall— (A) identify capability gaps in the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (B) identify Federal resources and capabilities that are available or could be made available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (C) identify and assess the limitations of Federal resources and capabilities available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents and make recommendations to address such limitations; (D) identify opportunities to improve the coordination of the Agency with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center, to improve— (i) incident exercises, information sharing and incident notification procedures; (ii) the ability for State, local, Tribal, and territorial governments to voluntarily adapt and implement guidance in Federal binding operational directives; and (iii) opportunities to leverage Federal schedules for cybersecurity investments under section 502 of title 40, United States Code; (E) recommend new initiatives the Federal Government should undertake to improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (F) set short-term and long-term goals that will improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; and (G) set dates, including interim benchmarks, as appropriate for State, local, Tribal, and territorial governments to establish baseline capabilities to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents. (3) Considerations \nIn developing the strategy required under paragraph (1), the Director, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, shall consider— (A) lessons learned from incidents that have affected State, local, Tribal, and territorial governments, and exercises with Federal and non-Federal entities; (B) the impact of incidents that have affected State, local, Tribal, and territorial governments, including the resulting costs to such governments; (C) the information related to the interest and ability of state and non-state threat actors to compromise information systems (as such term is defined in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 )) owned or operated by State, local, Tribal, and territorial governments; and (D) emerging cybersecurity risks and cybersecurity threats to State, local, Tribal, and territorial governments resulting from the deployment of new technologies. (4) Exemption \nChapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to any action to implement this subsection..", "id": "HAC94F53CD552480AB65357C3F6D14097", "header": "Strategy" }, { "text": "1546. Cyber incident response plan \nSubsection (c) of section 2210 of the Homeland Security Act of 2002 ( 6 U.S.C. 660 ) is amended— (1) by striking regularly update and inserting update not less often than biennially ; and (2) by adding at the end the following new sentence: The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response..", "id": "H58EE5E3856B14D7DB1BE9F6B6B79292B", "header": "Cyber incident response plan" }, { "text": "1547. National cyber exercise program \n(a) In general \nSubtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended by adding at the end the following new section: 2220B. National cyber exercise program \n(a) Establishment of program \n(1) In general \nThere is established in the Agency the National Cyber Exercise Program (referred to in this section as the Exercise Program ) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. (2) Requirements \n(A) In general \nThe Exercise Program shall be— (i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; (ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; (iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and (iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations. (B) Model exercise selection \nThe Exercise Program shall— (i) include a selection of model exercises that government and private entities can readily adapt for use; and (ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that— (I) conform to the requirements described in subparagraph (A); (II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and (III) provide for systematic evaluation of readiness. (3) Consultation \nIn carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. (b) Definitions \nIn this section: (1) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (2) Private entity \nThe term private entity has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (c) Rule of construction \nNothing in this section shall be construed to affect the authorities or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748 ).. (b) Title XXII technical and clerical amendments \n(1) Technical amendments \n(A) Homeland Security Act of 2002 \nSubtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (i) in section 2202(c) ( 6 U.S.C. 652(c) )— (I) in paragraph (11), by striking and after the semicolon; (II) in the first paragraph (12) (relating to appointment of a Cybersecurity State Coordinator) by striking as described in section 2215; and and inserting as described in section 2217; ; (III) by redesignating the second paragraph (12) (relating to the.gov internet domain) as paragraph (13); and (IV) by redesignating the third paragraph (12) (relating to carrying out such other duties and responsibilities) as paragraph (14); (ii) in the first section 2215 ( 6 U.S.C. 665 ; relating to the duties and authorities relating to.gov internet domain), by amending the section enumerator and heading to read as follows: 2215. Duties and authorities relating to.gov internet domain \n; (iii) in the second section 2215 ( 6 U.S.C. 665b ; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows: 2216. Joint cyber planning office \n; (iv) in the third section 2215 ( 6 U.S.C. 665c ; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows: 2217. Cybersecurity State Coordinator \n; (v) in the fourth section 2215 ( 6 U.S.C. 665d ; relating to Sector Risk Management Agencies), by amending the section enumerator and heading to read as follows: 2218. Sector Risk Management Agencies \n; (vi) in section 2216 ( 6 U.S.C. 665e ; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: 2219. Cybersecurity Advisory Committee \n; (vii) in section 2217 ( 6 U.S.C. 665f ; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: 2220. Cybersecurity Education and Training Programs \n; and (viii) in section 2218 ( 6 U.S.C. 665g ; relating to the State and Local Cybersecurity Grant Program), by amending the section enumerator and heading to read as follows: 2220A. State and Local Cybersecurity Grant Program \n. (B) Consolidated Appropriations Act, 2021 \nParagraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended, in the matter preceding subparagraph (A), by inserting of 2002 after Homeland Security Act. (2) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by striking the items relating to sections 2214 through 2218 and inserting the following new items: Sec. 2214. National Asset Database. Sec. 2215. Duties and authorities relating to.gov internet domain. Sec. 2216. Joint cyber planning office. Sec. 2217. Cybersecurity State Coordinator. Sec. 2218. Sector Risk Management Agencies. Sec. 2219. Cybersecurity Advisory Committee. Sec. 2220. Cybersecurity Education and Training Programs. Sec. 2220A. State and Local Cybersecurity Grant Program. Sec. 2220B. National cyber exercise program..", "id": "HDCFF0EFBB3CB4DCBAB0D3378CEAE32D6", "header": "National cyber exercise program" }, { "text": "2220B. National cyber exercise program \n(a) Establishment of program \n(1) In general \nThere is established in the Agency the National Cyber Exercise Program (referred to in this section as the Exercise Program ) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. (2) Requirements \n(A) In general \nThe Exercise Program shall be— (i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; (ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; (iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and (iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations. (B) Model exercise selection \nThe Exercise Program shall— (i) include a selection of model exercises that government and private entities can readily adapt for use; and (ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that— (I) conform to the requirements described in subparagraph (A); (II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and (III) provide for systematic evaluation of readiness. (3) Consultation \nIn carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. (b) Definitions \nIn this section: (1) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (2) Private entity \nThe term private entity has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (c) Rule of construction \nNothing in this section shall be construed to affect the authorities or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748 ).", "id": "H5D73BBB6678C49C6A01CBF6CA6F35E2A", "header": "National cyber exercise program" }, { "text": "2215. Duties and authorities relating to.gov internet domain", "id": "H54DC24A973714369B329B4CC41C8AB09", "header": "Duties and authorities relating to .gov internet domain" }, { "text": "2216. Joint cyber planning office", "id": "H721A637C3E6E4A79BEC7FD30AD54A1A3", "header": "Joint cyber planning office" }, { "text": "2217. Cybersecurity State Coordinator", "id": "HD08BE6735D8A4880A121D86464DB7741", "header": "Cybersecurity State Coordinator" }, { "text": "2218. Sector Risk Management Agencies", "id": "H7535CCDE55164655BB8BF3C38C303556", "header": "Sector Risk Management Agencies" }, { "text": "2219. Cybersecurity Advisory Committee", "id": "H98534C55F43A4D1AB4C5F7CB90B41BEC", "header": "Cybersecurity Advisory Committee" }, { "text": "2220. Cybersecurity Education and Training Programs", "id": "H6487BDC2C5CD474A9C7EEAFDE4E8A154", "header": "Cybersecurity Education and Training Programs" }, { "text": "2220A. State and Local Cybersecurity Grant Program", "id": "H42EEB24A17CB46C78DB10520FA5413BC", "header": "State and Local Cybersecurity Grant Program" }, { "text": "1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency \n(a) In general \nTitle XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is further amended by adding at the end the following new section: 2220C. CyberSentry program \n(a) Establishment \nThere is established in the Agency a program, to be known as CyberSentry , to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions, upon request and subject to the consent of such owner or operator. (b) Activities \nThe Director, through CyberSentry, shall— (1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of the Director and subject to the availability of resources, own or operate regionally or nationally significant industrial control systems that support national critical functions, in order to provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems that support such systems and detection of cybersecurity risks to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement and consent of such owner or operator; (2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to advise critical infrastructure owners and operators regarding mitigation measures and share information as appropriate; (3) identify cybersecurity risks in the information technology and information systems that support industrial control systems which could be exploited by adversaries attempting to gain access to such industrial control systems, and work with owners and operators to remediate such vulnerabilities; (4) produce aggregated, anonymized analytic products, based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners and operators; and (5) support activities authorized in accordance with section 1501 of the National Defense Authorization Act for Fiscal Year 2022. (c) Privacy review \nNot later than 180 days after the date of enactment of this section, the Privacy Officer of the Agency under section 2202(h) shall— (1) review the policies, guidelines, and activities of CyberSentry for compliance with all applicable privacy laws, including such laws governing the acquisition, interception, retention, use, and disclosure of communities; and (2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws. (d) Report to Congress \nNot later than one year after the date of the enactment of this section, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section. (e) Savings \nNothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code. (f) Definitions \nIn this section: (1) Cybersecurity risk \nThe term cybersecurity risk has the meaning given such term in section 2209(a). (2) Industrial control system \nThe term industrial control system means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes. (3) Information system \nThe term information system has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 6 U.S.C. 1501(9) ). (g) Termination \nThe authority to carry out a program under this section shall terminate on the date that is seven years after the date of the enactment of this section.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by adding after the item relating to section 2220B the following new item: Sec. 2220C. CyberSentry program.. (c) Continuous monitoring and detection \nSection 2209(c)(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended by inserting , which may take the form of continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions after mitigation, and remediation.", "id": "H8A9FEB7B17564CA78C6A23013201BAD9", "header": "CyberSentry program of the Cybersecurity and Infrastructure Security Agency" }, { "text": "2220C. CyberSentry program \n(a) Establishment \nThere is established in the Agency a program, to be known as CyberSentry , to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions, upon request and subject to the consent of such owner or operator. (b) Activities \nThe Director, through CyberSentry, shall— (1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of the Director and subject to the availability of resources, own or operate regionally or nationally significant industrial control systems that support national critical functions, in order to provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems that support such systems and detection of cybersecurity risks to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement and consent of such owner or operator; (2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to advise critical infrastructure owners and operators regarding mitigation measures and share information as appropriate; (3) identify cybersecurity risks in the information technology and information systems that support industrial control systems which could be exploited by adversaries attempting to gain access to such industrial control systems, and work with owners and operators to remediate such vulnerabilities; (4) produce aggregated, anonymized analytic products, based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners and operators; and (5) support activities authorized in accordance with section 1501 of the National Defense Authorization Act for Fiscal Year 2022. (c) Privacy review \nNot later than 180 days after the date of enactment of this section, the Privacy Officer of the Agency under section 2202(h) shall— (1) review the policies, guidelines, and activities of CyberSentry for compliance with all applicable privacy laws, including such laws governing the acquisition, interception, retention, use, and disclosure of communities; and (2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws. (d) Report to Congress \nNot later than one year after the date of the enactment of this section, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section. (e) Savings \nNothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code. (f) Definitions \nIn this section: (1) Cybersecurity risk \nThe term cybersecurity risk has the meaning given such term in section 2209(a). (2) Industrial control system \nThe term industrial control system means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes. (3) Information system \nThe term information system has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 6 U.S.C. 1501(9) ). (g) Termination \nThe authority to carry out a program under this section shall terminate on the date that is seven years after the date of the enactment of this section.", "id": "HF4298B8043C24D1B8E5B2948FB5C6BD7", "header": "CyberSentry program" }, { "text": "1549. Strategic assessment relating to innovation of information systems and cybersecurity threats \n(a) Responsibilities of director \nSection 2202(c)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 652 ) is amended by striking the semicolon at the end and adding the following: , including by carrying out a periodic strategic assessment of the related programs and activities of the Agency to ensure such programs and activities contemplate the innovation of information systems and changes in cybersecurity risks and cybersecurity threats; (b) Report \n(1) In general \nNot later than 240 days after the date of the enactment of this Act and not fewer than once every three years thereafter, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a strategic assessment for the purposes described in paragraph (2). (2) Purposes \nThe purposes described in this paragraph are the following: (A) A description of the existing programs and activities administered in furtherance of section 2202(c)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 652 ). (B) An assessment of the capability of existing programs and activities administered by the Agency in furtherance of such section to monitor for, manage, mitigate, and defend against cybersecurity risks and cybersecurity threats. (C) An assessment of past or anticipated technological trends or innovation of information systems or information technology that have the potential to affect the efficacy of the programs and activities administered by the Agency in furtherance of such section. (D) A description of any changes in the practices of the Federal workforce, such as increased telework, affect the efficacy of the programs and activities administered by the Agency in furtherance of section 2202(c)(3). (E) A plan to integrate innovative security tools, technologies, protocols, activities, or programs to improve the programs and activities administered by the Agency in furtherance of such section. (F) A description of any research and development activities necessary to enhance the programs and activities administered by the Agency in furtherance of such section. (G) A description of proposed changes to existing programs and activities administered by the Agency in furtherance of such section, including corresponding milestones for implementation. (H) Information relating to any new resources or authorities necessary to improve the programs and activities administered by the Agency in furtherance of such section. (c) Definitions \nIn this section: (1) The term Agency means the Cybersecurity and Infrastructure Security Agency. (2) The term cybersecurity purpose has the meaning given such term in section 102(4) of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501(4) ). (3) The term cybersecurity risk has the meaning given such term in section 2209(a)(2) of the Homeland Security Act of 2002 (U.S.C. 659(a)(2)). (4) The term information system has the meaning given such term in section 3502(8) of title 44, United States Code. (5) The term information technology has the meaning given such term in 3502(9) of title 44, United States Code. (6) The term telework has the meaning given the term in section 6501(3) of title 5, United States Code.", "id": "H381E1C59661D4E788CA83FFEA9B51B8A", "header": "Strategic assessment relating to innovation of information systems and cybersecurity threats" }, { "text": "1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations \n(a) Pilot required \nNot later than one year after the date of the enactment of this Act, the Secretary, acting through the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and in coordination with the Secretary of Defense and the National Cyber Director, shall commence a pilot program to assess the feasibility and advisability of entering into public-private partnerships with internet ecosystem companies to facilitate, within the bounds of applicable provisions of law and such companies’ terms of service, policies, procedures, contracts, and other agreements, actions by such companies to discover and disrupt use by malicious cyber actors of the platforms, systems, services, and infrastructure of such companies. (b) Public-private partnerships \n(1) In general \nIn carrying out the pilot program under subsection (a), the Secretary shall seek to enter into one or more public-private partnerships with internet ecosystem companies. (2) Voluntary participation \n(A) In general \nParticipation by an internet ecosystem company in a public-private partnership under the pilot program, including in any activity described in subsection (c), shall be voluntary. (B) Prohibition \nNo funds appropriated by any Act may be used to direct, pressure, coerce, or otherwise require that any internet ecosystem company take any action on their platforms, systems, services, or infrastructure as part of the pilot program. (c) Authorized activities \nIn carrying out the pilot program under subsection (a), the Secretary may— (1) provide assistance to a participating internet ecosystem company to develop effective know-your-customer processes and requirements; (2) provide information, analytics, and technical assistance to improve the ability of participating companies to detect and prevent illicit or suspicious procurement, payment, and account creation on their own platforms, systems, services, or infrastructure; (3) develop and socialize best practices for the collection, retention, and sharing of data by participating internet ecosystem companies to support discovery of malicious cyber activity, investigations, and attribution on the platforms, systems, services, or infrastructure of such companies; (4) provide to participating internet ecosystem companies actionable, timely, and relevant information, such as information about ongoing operations and infrastructure, threats, tactics, and procedures, and indicators of compromise, to enable such companies to detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies; (5) provide recommendations for (but not design, develop, install, operate, or maintain) operational workflows, assessment and compliance practices, and training that participating internet ecosystem companies can implement to reliably detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies; (6) provide recommendations for accelerating, to the greatest extent practicable, the automation of existing or implemented operational workflows to operate at line-rate in order to enable real-time mitigation without the need for manual review or action; (7) provide recommendations for (but not design, develop, install, operate, or maintain) technical capabilities to enable participating internet ecosystem companies to collect and analyze data on malicious activities occurring on the platforms, systems, services, or infrastructure of such companies to detect and disrupt operations of malicious cyber actors; and (8) provide recommendations regarding relevant mitigations for suspected or discovered malicious cyber activity and thresholds for action. (d) Competition concerns \nConsistent with section 1905 of title 18, United States Code, the Secretary shall ensure that any trade secret or proprietary information of a participating internet ecosystem company made known to the Federal Government pursuant to a public-private partnership under the pilot program remains private and protected unless explicitly authorized by such company. (e) Impartiality \nIn carrying out the pilot program under subsection (a), the Secretary may not take any action that is intended primarily to advance the particular business interests of an internet ecosystem company but is authorized to take actions that advance the interests of the United States, notwithstanding differential impact or benefit to a given company’s or given companies’ business interests. (f) Responsibilities \n(1) Secretary of Homeland Security \nThe Secretary shall exercise primary responsibility for the pilot program under subsection (a), including organizing and directing authorized activities with participating Federal Government organizations and internet ecosystem companies to achieve the objectives of the pilot program. (2) National Cyber Director \nThe National Cyber Director shall support prioritization and cross-agency coordination for the pilot program, including ensuring appropriate participation by participating agencies and the identification and prioritization of key private sector entities and initiatives for the pilot program. (3) Secretary of Defense \nThe Secretary of Defense shall provide support and resources to the pilot program, including the provision of technical and operational expertise drawn from appropriate and relevant officials and components of the Department of Defense, including the National Security Agency, United States Cyber Command, the Chief Information Officer, the Office of the Secretary of Defense, military department Principal Cyber Advisors, and the Defense Advanced Research Projects Agency. (g) Participation of other Federal Government components \nThe Secretary may invite to participate in the pilot program required under subsection (a) the heads of such departments or agencies as the Secretary considers appropriate. (h) Integration with other efforts \nThe Secretary shall ensure that the pilot program required under subsection (a) makes use of, builds upon, and, as appropriate, integrates with and does not duplicate other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following: (1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (2) The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency. (i) Rules of construction \n(1) Limitation on Government access to data \nNothing in this section authorizes sharing of information, including information relating to customers of internet ecosystem companies or private individuals, from an internet ecosystem company to an agency, officer, or employee of the Federal Government unless otherwise authorized by another provision of law. (2) Stored Communications Act \nNothing in this section may be construed to permit or require disclosure by a provider of a remote computing service or a provider of an electronic communication service to the public of information not otherwise permitted or required to be disclosed under chapter 121 of title 18, United States Code (commonly known as the Stored Communications Act ). (3) Third party customers \nNothing in this section may be construed to require a third party, such as a customer or managed service provider of an internet ecosystem company, to participate in the pilot program under subsection (a). (j) Briefings \n(1) Initial \n(A) In general \nNot later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the pilot program required under subsection (a). (B) Elements \nThe briefing required under subparagraph (A) shall include the following: (i) The plans of the Secretary for the implementation of the pilot program. (ii) Identification of key priorities for the pilot program. (iii) Identification of any potential challenges in standing up the pilot program or impediments, such as a lack of liability protection, to private sector participation in the pilot program. (iv) A description of the roles and responsibilities in the pilot program of each participating Federal entity. (2) Annual \n(A) In general \nNot later than two years after the date of the enactment of this Act and annually thereafter for three years, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the progress of the pilot program required under subsection (a). (B) Elements \nEach briefing required under subparagraph (A) shall include the following: (i) Recommendations for addressing relevant policy, budgetary, and legislative gaps to increase the effectiveness of the pilot program. (ii) Recommendations, such as providing liability protection, for increasing private sector participation in the pilot program. (iii) A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by internet ecosystem companies regarding participation in the pilot program. (iv) The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program. (v) Such other matters as the Secretary considers appropriate. (k) Termination \nThe pilot program required under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act. (l) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives. (2) Internet ecosystem company \nThe term internet ecosystem company means a business incorporated in the United States that provides cybersecurity services, internet service, content delivery services, Domain Name Service, cloud services, mobile telecommunications services, email and messaging services, internet browser services, or such other services as the Secretary determines appropriate for the purposes of the pilot program under subsection (a). (3) Secretary \nThe term Secretary means the Secretary of Homeland Security.", "id": "H1047DB010B1E4E7FA8156ADBA36D5337", "header": "Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations" }, { "text": "1551. United States-Israel cybersecurity cooperation \n(a) Grant program \n(1) Establishment \nThe Secretary, in accordance with the agreement entitled the Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters , dated May 29, 2008 (or successor agreement), and the requirements specified in paragraph (2), shall establish a grant program at the Department to support— (A) cybersecurity research and development; and (B) demonstration and commercialization of cybersecurity technology. (2) Requirements \n(A) Applicability \nNotwithstanding section 317 of the Homeland Security Act of 2002 ( 6 U.S.C. 195c ), in carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, the Secretary shall require cost sharing in accordance with this paragraph. (B) Research and development \n(i) In general \nExcept as provided in clause (ii), the Secretary shall require not less than 50 percent of the cost of a research, development, demonstration, or commercial application program or activity described in subparagraph (A) to be provided by a non-Federal source. (ii) Reduction \nThe Secretary may reduce or eliminate, on a case-by-case basis, the percentage requirement specified in clause (i) if the Secretary determines that such reduction or elimination is necessary and appropriate. (C) Merit review \nIn carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, awards shall be made only after an impartial review of the scientific and technical merit of the proposals for such awards has been carried out by or for the Department. (D) Review processes \nIn carrying out a review under subparagraph (C), the Secretary may use merit review processes developed under section 302(14) of the Homeland Security Act of 2002 ( 6 U.S.C. 182(14) ). (3) Eligible applicants \nAn applicant is eligible to receive a grant under this subsection if— (A) the project of such applicant— (i) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and (ii) is a joint venture between— (I) (aa) a for-profit business entity, academic institution, National Laboratory, or nonprofit entity in the United States; and (bb) a for-profit business entity, academic institution, or nonprofit entity in Israel; or (II) (aa) the Federal Government; and (bb) the Government of Israel; and (B) neither such applicant nor the project of such applicant pose a counterintelligence threat, as determined by the Director of National Intelligence. (4) Applications \nTo be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for such grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (5). (5) Advisory board \n(A) Establishment \nThe Secretary shall establish an advisory board to— (i) monitor the method by which grants are awarded under this subsection; and (ii) provide to the Secretary periodic performance reviews of actions taken to carry out this subsection. (B) Composition \nThe advisory board established under subparagraph (A) shall be composed of three members, to be appointed by the Secretary, of whom— (i) one shall be a representative of the Federal Government; (ii) one shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and (iii) one shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation. (6) Contributed funds \nNotwithstanding section 3302 of title 31, United States Code, the Secretary may, only to the extent provided in advance in appropriations Acts, accept or retain funds contributed by any person, government entity, or organization for purposes of carrying out this subsection. Such funds shall be available, subject to appropriation, without fiscal year limitation. (7) Reports \n(A) Grant recipients \nNot later than 180 days after the date of completion of a project for which a grant is provided under this subsection, the grant recipient shall submit to the Secretary a report that contains— (i) a description of how the grant funds were used by the recipient; and (ii) an evaluation of the level of success of each project funded by the grant. (B) Secretary \nNot later than one year after the date of the enactment of this Act and annually thereafter until the grant program established under this subsection terminates, the Secretary shall submit to the Committees on Homeland Security and Governmental Affairs and Foreign Relations of the Senate and the Committees on Homeland Security and Foreign Affairs of the House of Representatives a report on grants awarded and projects completed under such program. (8) Classification \nGrants shall be awarded under this subsection only for projects that are considered to be unclassified by both the United States and Israel. (b) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section not less than $6,000,000 for each of fiscal years 2022 through 2026. (c) Definitions \nIn this section— (1) the term cybersecurity research means research, including social science research, into ways to identify, protect against, detect, respond to, and recover from cybersecurity threats; (2) the term cybersecurity technology means technology intended to identify, protect against, detect, respond to, and recover from cybersecurity threats; (3) the term cybersecurity threat has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ; enacted as title I of the Cybersecurity Act of 2015 (division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ))); (4) the term Department means the Department of Homeland Security; (5) the term National Laboratory has the meaning given such term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ); and (6) the term Secretary means the Secretary of Homeland Security.", "id": "HDB1C57F753B14A8BAC31E2AD84F3CA37", "header": "United States-Israel cybersecurity cooperation" }, { "text": "1552. Authority for National Cyber Director to accept details on nonreimbursable basis \nSection 1752(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and indenting such subparagraphs two ems to the right; (2) in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking The Director may and inserting the following: (1) In general \nThe Director may ; (3) in paragraph (1)— (A) as redesignated by paragraph (2), by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph: (C) accept officers or employees of the United States or members of the Armed Forces on a detail from an element of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )) or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years; ; and (4) by adding at the end the following new paragraph: (2) Rules of construction regarding details \nNothing in paragraph (1)(C) may be construed as imposing any limitation on any other authority for reimbursable or nonreimbursable details. A nonreimbursable detail made pursuant to such paragraph shall not be considered an augmentation of the appropriations of the receiving element of the Office of the National Cyber Director..", "id": "H3F798AC10991471EAE8D9985981778A9", "header": "Authority for National Cyber Director to accept details on nonreimbursable basis" }, { "text": "1601. National security space launch program \n(a) Disclosure of National Security Space Launch program contract pricing terms \n(1) In general \nChapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section 2277: 2277. Disclosure of National Security Space Launch program contract pricing terms \n(a) In general \nWith respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (b) Competitively sensitive trade secret data \nThe congressional defense committees and the congressional intelligence committees shall— (1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and (2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. (c) Rule of construction \nFor purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law.. (2) Conforming amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2276 the following new item: 2277. Disclosure of National Security Space Launch program contract pricing terms.. (b) Policy \nWith respect to entering into contracts for launch services during the period beginning on the date of the enactment of this Act and ending September 30, 2024, it shall be the policy of the Department of Defense and the National Reconnaissance Office to— (1) use the National Security Space Launch program to the extent practical to procure launch services only from launch service providers that can meet Federal requirements with respect to delivering required payloads to reference orbits covered under the requirements of phase two; and (2) maximize continuous competition for launch services as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing and emerging national security requirements. (c) Notification \nIf the Secretary of Defense or the Director of the National Reconnaissance Office determines that a program requiring launch services that could be met using phase two contracts will instead use an alternative launch procurement approach, not later than seven days after the date of such determination, the Secretary of Defense or, as appropriate, the Director of National Intelligence, shall submit to the appropriate congressional committees— (1) a notification of such determination; (2) a certification that the alternative launch procurement approach is in the national security interest of the United States; and (3) an outline of the cost analysis and any other rationale for such determination. (d) Report \n(1) Requirement \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chief of Space Operations and the Director of the Space Development Agency, and in consultation with the Director of National Intelligence (including with respect to the views of the Director of the National Reconnaissance Office), shall submit to the appropriate congressional committees a report on the emerging launch requirements in the areas of space access, mobility, and logistics that will not be met by phase two capabilities. (2) Elements \nThe report under paragraph (1) shall include the following: (A) An examination of potential benefits of competing one or more launches that are outside of phase two capabilities, focused on accelerating the rapid development and on-orbit deployment of enabling and transformational technologies required to address any emerging requirements, including with respect to— (i) delivery of in-space transportation, logistics, and on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security space missions in a contested space environment; (ii) routine access to extended orbits beyond geostationary orbits, including cislunar orbits; (iii) greater cislunar awareness capabilities; (iv) vertical integration and standardized payload mating; (v) increased responsiveness for heavy lift capability; (vi) the ability to transfer orbits, including point-to-point orbital transfers; (vii) capacity and capability to execute secondary deployments; (viii) high-performance upper stages; and (ix) other new missions that are outside the parameters of the nine design reference missions that exist as of the date of the enactment of this Act. (B) A description of how competing space access, mobility, and logistics launches could aid in establishing a new acquisition framework to— (i) promote the potential for additional open and sustainable competition for phase three; and (ii) re-examine the balance of mission assurance versus risk tolerance to reflect new resilient spacecraft architectures and reduce workload on the Federal Government and industry to perform mission assurance where appropriate. (C) An analysis of how the matters under subparagraphs (A) and (B) may help continue to reduce the cost per launch of national security payloads. (D) An examination of the effects to the National Security Space Launch program if contracted launch providers cannot meet all phase two requirements, including with respect to— (i) the effects to national security launch resiliency; and (ii) the cost effects of a launch market that lacks full competition. (3) Form \nThe report under paragraph (1) shall be submitted in unclassified form, but may include a classified appendix. (4) Briefing \nNot later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the report under paragraph (1). (e) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the congressional defense committees; and (B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term phase three means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024. (3) The term phase two means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024.", "id": "H490B430978CF4AA7A78AA85A537C776E", "header": "National security space launch program" }, { "text": "2277. Disclosure of National Security Space Launch program contract pricing terms \n(a) In general \nWith respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (b) Competitively sensitive trade secret data \nThe congressional defense committees and the congressional intelligence committees shall— (1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and (2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. (c) Rule of construction \nFor purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law.", "id": "H77453D3237D74391B5E84B83DFBADF83", "header": "Disclosure of National Security Space Launch program contract pricing terms" }, { "text": "1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration \n(a) Modifications to space force acquisition council \n(1) Designation \nSection 9021 of title 10, United States Code, is amended— (A) in the section heading, by striking Force ; (B) in subsection (a), by striking Space Force Acquisition Council and inserting Space Acquisition Council ; and (C) in subsection (c), by striking of the Air Force for space systems and programs and inserting space systems and programs of the armed forces. (2) Conforming amendment \nSection 9016(b)(6)(B)(ii) of title 10, United States Code, is amended by striking Space Force Acquisition Council and inserting Space Acquisition Council. (3) Clerical amendment \nThe table of sections for chapter 903 of title 10, United States Code, is amended by striking the item relating to section 9021 and inserting the following new item: 9021. Space Acquisition Council.. (4) References \nAny reference to the Space Force Acquisition Council in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Space Acquisition Council. (b) Modifications relating to the assistant secretary of the air force for space acquisition and integration \n(1) Space force acquisition council review and certification of determinations of the assistant secretary of the air force for space acquisition and integration \nSection 9021(c) of title 10, United States Code, as amended by subsection (a), is further amended— (A) by striking The Council and inserting (1) The Council ; and (B) by adding at the end the following new paragraph: (2) (A) The Council shall promptly— (i) review any determination made by the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to architecture for the space systems and programs of the armed forces under section 9016(b)(6)(B)(i) of this title, including the requirements for operating such space systems or programs; and (ii) either— (I) if the Council finds such a determination to be warranted, certify the determination; or (II) if the Council finds such a determination not to be warranted, decline to certify the determination. (B) Not later than 10 business days after the date on which the Council makes a finding with respect to a certification under subparagraph (A), the Council shall submit to the congressional defense committees a notification of the finding, including a detailed justification for the finding. (C) Except as provided in subparagraph (D), the Assistant Secretary of the Air Force for Space Acquisition and Integration may not take any action to implement a determination referred to in subparagraph (A)(i) until 30 days has elapsed following the date on which the Council submits the notification under subparagraph (B). (D) (i) The Secretary of Defense may waive subparagraph (C) in the event of an urgent national security requirement. (ii) The Secretary of Defense shall submit to the congressional defense committees a notification of any waiver granted under clause (i), including a justification for the waiver.. (2) Department of Defense space systems and programs \nClause (i) of section 9016(b)(6)(B) of title 10, United States Code, is amended to read as follows: (i) Be responsible for and oversee all architecture and integration with respect to the acquisition of the space systems and programs of the armed forces, including in support of the Chief of Space Operations under section 9082 of this title.. (3) Transfer of acquisition projects for space systems and programs \nSection 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1566; 10 U.S.C. 9016 note) is amended by striking of the Air Force and inserting of the Armed Forces. (4) Designation of force design architect for Department of Defense space systems \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall— (A) designate the Chief of Space Operations the force design architect for space systems of the Armed Forces; and (B) submit to the congressional defense committees a certification of such designation.", "id": "H0F427CBC58BD435986D37C01591604B7", "header": "Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration" }, { "text": "1603. Delegation of Authorities to Space Development Agency \nSection 9086 of title 10, United States Code, as redesignated by section 1081, is amended by adding at the end the following new subsection: (d) Delegation of authorities \n(1) With respect to tranche 0 capabilities and tranche 1 capabilities, to the extent practicable, the Secretary of the Air Force, acting through the Service Acquisition Executive for Space Systems and Programs, shall ensure the delegation to the Agency of— (A) head of contracting authority; and (B) milestone decision authority for the middle tier of acquisition programs. (2) (A) The Service Acquisition Executive for Space Systems and Programs may rescind the delegation of authority under paragraph (1) for cause or on a case-by-case basis. (B) Not later than 30 days after the date of a rescission under subparagraph (A), the Secretary of the Air Force shall notify the congressional defense committees of such rescission. (3) In this subsection: (A) The term tranche 0 capabilities means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2022. (B) The term tranche 1 capabilities means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2024..", "id": "HB0ED6754CF364828914A21CB528C486C", "header": "Delegation of Authorities to Space Development Agency" }, { "text": "1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise \nSection 2279b of title 10, United States Code, is amended— (1) in subsection (d)(2)— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following new subparagraph (D): (D) Alternative methods to perform position navigation and timing. ; and (2) in subsection (h), by striking National Defense Authorization Act for Fiscal Year 2016 and inserting National Defense Authorization Act for Fiscal Year 2022.", "id": "H91C754F2077247A8B72ED3AD10BE3703", "header": "Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise" }, { "text": "1605. Improvements to tactically responsive space launch program \nSection 1609 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4048) is amended— (1) by striking The Secretary and inserting (a) Program.— The Secretary ; and (2) by adding at the end the following new subsection: (b) Support \n(1) Elements \nThe Secretary of Defense, in consultation with the Director of National Intelligence, shall support the tactically responsive launch program under subsection (a) during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 to ensure that the program addresses the following: (A) The ability to rapidly place on-orbit systems to respond to urgent needs of the commanders of the combatant commands or to reconstitute space assets and capabilities to support national security priorities if such assets and capabilities are degraded, attacked, or otherwise impaired, including such assets and capabilities relating to protected communications and intelligence, surveillance, and reconnaissance. (B) The entire launch process, including with respect to launch services, satellite bus and payload availability, and operations and sustainment on-orbit. (2) Plan \nAs a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to Congress a plan for the tactically responsive launch program to address the elements under paragraph (1). Such plan shall include the following: (A) Lessons learned from the Space Safari tactically responsive launch-2 mission of the Space Systems Command of the Space Force, and how to incorporate such lessons into future efforts regarding tactically responsive launches. (B) How to achieve responsive acquisition timelines within the adaptive acquisition framework for space acquisition pursuant to section 807. (C) Plans to address supply chain issues and leverage commercial capabilities to support future reconstitution and urgent space requirements leveraging the tactically responsive launch program under subsection (a)..", "id": "H505BE04EE8694B3094DFDE6A0CEB9168", "header": "Improvements to tactically responsive space launch program" }, { "text": "1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing \nSection 1612(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 441 note) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): (4) The term domestic includes, with respect to commercial capabilities or services covered by this section, capabilities or services provided by companies that operate in the United States and have active mitigation agreements pursuant to the National Industrial Security Program, unless the Director of the National Reconnaissance Office or the Director of the National Geospatial-Intelligence Agency submits to the appropriate congressional committees a written determination that excluding such companies is warranted on the basis of national security or strategic policy needs..", "id": "HB6A1FB132DA64D4EAFB7EC6DFAE2E480", "header": "Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing" }, { "text": "1607. Programs of record of Space Force and commercial capabilities \n(a) Service Acquisition Executive for Space Systems and Programs \nSection 957(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended by adding at the end the following new paragraph: (5) Programs of record and commercial capabilities \nPrior to establishing a program of record, the Service Acquisition Executive for Space Systems and Programs shall determine whether existing or planned commercially available capabilities could meet all or a portion of the requirements for that proposed program. Not later than 30 days after the date on which the Service Acquisition Executive makes such a positive determination, the Service Acquisition Executive shall submit to the congressional defense committees a notification of the results of the determination.. (b) Limitation \n(1) In general \nExcept as provided by paragraph (2), the Secretary of Defense may not rely solely on the use of commercial satellite services and associated systems to carry out operational requirements, including command and control requirements, targeting requirements, or other requirements that are necessary to execute strategic and tactical operations. (2) Mitigation measures \nThe Secretary may rely solely on the use of commercial satellite services and associated systems to carry out an operational requirement described in paragraph (1) if the Secretary has taken measures to mitigate the vulnerability of any such requirement. (c) Briefings \n(1) Requirement \nNot less frequently than quarterly through fiscal year 2025, the Secretary shall provide to the congressional defense committees a briefing on the use and extent of the reliance of the Department of Defense on commercial satellite services and associated systems to provide capability and additional capacity across the Department. (2) Elements \nEach briefing under paragraph (1) shall include the following for the preceding quarter: (A) A summary of commercial data and services used to fulfill requirements of the Department or to augment the systems and capabilities of the Department. (B) An assessment of any reliance on, and the resulting vulnerabilities of, such data and services. (C) An analysis of potential measures to mitigate such vulnerabilities. (D) A description of mitigation measures taken by the Secretary under subsection (b)(2). (d) Study \nThe Secretary of the Air Force shall seek to enter into an agreement with a federally funded research and development center that is not closely affiliated with the Air Force or the Space Force to conduct a study on— (1) the extent of commercial support of, and integration into, the space operations of the Armed Forces; and (2) measures to ensure that such operations, particularly operations that are mission critical, continue to be carried out in the most effective manner possible during a time of conflict.", "id": "HCE4D363961AA4CB1886FE9F8A177A21B", "header": "Programs of record of Space Force and commercial capabilities" }, { "text": "1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force \nSection 1666 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 113 Stat. 2617), as amended by section 1604 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) in the section heading, by striking the Air Force and inserting the Department of the Air Force ; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking each year thereafter through 2020 and inserting each year thereafter through 2026 ; and (ii) by inserting , in consultation with the Commander of the United States Strategic Command and the Commander of the United States Northern Command, after the Commander of the United States Space Command ; (B) in paragraph (1)— (i) by striking the Air Force is and inserting the Department of the Air Force is ; and (ii) by inserting and the Space Force after to the Air Force ; and (C) in paragraph (2), by striking the Air Force and inserting the Department of the Air Force ; and (3) in subsection (b)— (A) by inserting of the United States Space Command after Commander ; (B) by striking system of the Air Force and inserting system of the Department of the Air Force ; (C) by striking command of the Air Force and inserting command of the Department of the Air Force ; and (D) by striking aspects of the Air Force and inserting aspects of the Department of the Air Force.", "id": "HA44C9DA051F447D6814549A761C02379", "header": "Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force" }, { "text": "1609. Classification review of programs of the Space Force \n(a) Classification review \nThe Secretary of Defense shall— (1) not later than 120 days after the date of the enactment of this Act, conduct a review of each classified program managed under the authority of the Space Force to determine whether— (A) the level of classification of the program could be changed to a lower level; or (B) the program could be declassified; and (2) not later than 90 days after the date on which the Secretary completes such review, commence the change to the classification level or the declassification as determined in such review. (b) Coordination \nThe Secretary shall carry out the review under subsection (a)(1) in coordination with the Assistant Secretary of Defense for Space Policy and, as the Secretary determines appropriate, the heads of other elements of the Department of Defense. (c) Report \nNot later than 60 days after the date on which the Secretary completes the review under subsection (a)(1), the Secretary, in coordination with the Assistant Secretary of Defense for Space Policy, shall submit to the congressional defense committees a report identifying each program managed under the authority of the Space Force covered by a determination regarding changing the classification level of the program or declassifying the program, including— (1) the timeline for implementing such change or declassification; and (2) any risks that exist in implementing such change or declassification.", "id": "H786B85BF8F8940F1922EEB85D11DD081", "header": "Classification review of programs of the Space Force" }, { "text": "1610. Report on Range of the Future initiative of the Space Force \nNot later than 90 days after the date of the enactment of this Act, the Chief of Space Operations shall submit to the congressional defense committees a report containing the following: (1) A detailed plan to carry out the Space Force Range of the Future initiative, including the estimated funding required to implement the plan. (2) Identification of any specific authorities the Chief determines need to be modified by law to improve the ability of the Space Force to address long-term challenges to the physical infrastructure at the launch ranges of the Space Force, and an explanation for why such modified authorities are needed. (3) Any additional proposals that would support improved infrastructure at the launch ranges of the Space Force, including recommendations for legislative action to carry out such proposals.", "id": "HC1F4982A67514A6F8682BB1CCFA80688", "header": "Report on Range of the Future initiative of the Space Force" }, { "text": "1611. Space policy review \n(a) In general \nThe Secretary of Defense, in consultation with the Director of National Intelligence, shall carry out a review of the space policy of the Department of Defense. (b) Elements \nThe review under subsection (a) shall include the following: (1) With respect to the five-year period following the date of the review, an assessment of the threat to the space operations of the United States and the allies of the United States. (2) An assessment of the national security objectives of the Department relating to space. (3) An evaluation of the policy changes and funding necessary to accomplish such objectives during such five-year period. (4) An assessment of the policy of the Department with respect to deterring, responding to, and countering threats to the space operations of the United States and the allies of the United States. (5) An analysis of such policy with respect to normative behaviors in space, including the commercial use of space. (6) An analysis of the extent to which such policy is coordinated with other ongoing policy reviews, including reviews regarding nuclear, missile defense, and cyber operations. (7) A description of the organization and space doctrine of the Department to carry out the space policy of the Department. (8) An assessment of the space systems and architectures to implement such space policy. (9) Any other matters the Secretary considers appropriate. (c) Report \n(1) Requirement \nNot later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall submit to the appropriate congressional committees a report on the results of the review under subsection (a). (2) Annual updates \nConcurrent with the submission to Congress of the budget of the President for each of fiscal years 2024 through 2026 pursuant to section 1105(a) of title 31, United States Code, and more frequently during such period as the Secretary determines appropriate, the Secretary, in consultation with the Director, shall submit to the appropriate congressional committees a report describing any update to the assessments, analyses, and evaluations carried out pursuant to such review. (3) Form \nEach report under this subsection shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives. (3) The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate.", "id": "HF2044C97B8E14497A156E0EF13CE4EE0", "header": "Space policy review" }, { "text": "1612. Annual briefing on threats to space operations \n(a) Requirement \nNot later than February 28 each year through 2026, the Chief of Space Operations, in consultation with the Commander of the United States Space Command and the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the threats to the space operations of the United States posed by Russia, China, and any other country relevant to the conduct of such operations. (b) Elements \nEach briefing under subsection (a) shall include the following: (1) A review of the current posture of threats described in such subsection and anticipated advances in such threats over the subsequent five-year period. (2) A description of potential measures to counter such threats. (c) Distribution of briefing \nOn or about the same day as the Chief of Space Operations provides to the appropriate congressional committees a briefing under subsection (a), the Chief shall also provide to the National Space Council, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration the briefing at the highest level of classification possible. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committees on Armed Services, Energy and Commerce, Transportation and Infrastructure, and Science, Space, and Technology, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate.", "id": "HF893919440274F39BA28CACBDC687D1A", "header": "Annual briefing on threats to space operations" }, { "text": "1613. National Security Council briefing on potential harmful interference to Global Positioning System \n(a) Requirement \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the National Security Council, the Secretary of Commerce, and the Commissioners of the Federal Communications Commission a briefing at the highest level of classification on the current assessment of the Department of Defense, as of the date of the briefing, regarding the potential for harmful interference to the Global Positioning System, mobile satellite services, or other tactical or strategic systems of the Department of Defense, from commercial terrestrial operations and mobile satellite services using the 1525–1559 megahertz band and the 1626.5–1660.5 megahertz band. (b) Matters included \nThe briefing under subsection (a) shall include— (1) potential operational impacts that have been studied within the megahertz bands specified in such subsection; and (2) impacts that could be mitigated, if any, including how such mitigations could be implemented. (c) Congressional briefing \nNot later than seven days after the date on which the Secretary provides the briefing under subsection (a), the Secretary shall provide to the appropriate congressional committees such briefing. (d) Independent technical review \nThe Secretary shall carry out subsections (a) and (c) regardless of whether the independent technical review conducted pursuant to section 1663 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) has been completed. (e) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; and (2) the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.", "id": "HA79A710583AD4DB585E404EDFF3D2719", "header": "National Security Council briefing on potential harmful interference to Global Positioning System" }, { "text": "1614. Non-geostationary orbit satellite constellations \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the heads of the Defense Agencies, shall submit to the congressional defense committees a report on current commercial satellite communication initiatives, including with respect to new non-geostationary orbit satellite technologies that the Department of Defense has employed to increase satellite communication throughput to existing platforms of the military departments currently constrained by legacy capabilities. (b) Matters included \nThe report under subsection (a) shall include the following: (1) A potential investment strategy concerning how to operationalize commercial satellite communication capabilities using non-geostationary orbit satellites across each of the military departments, including— (A) requisite funding required to adequately prioritize and accelerate the integration of such capabilities into the warfighting systems of the departments; and (B) future-year spending projections for such efforts that align with other satellite communication investments of the Department of Defense. (2) An integrated satellite communications reference architecture roadmap for the Department of Defense to achieve a resilient, secure network for operationalizing commercial satellite communication capabilities, including through the use of non-geostationary orbit satellites, across the Department that is capable of leveraging multi-band and multi-orbit architectures, including requirements that enable maximum use of commercially available technologies.", "id": "HC3B871047EF04050A56171CE06EC12EA", "header": "Non-geostationary orbit satellite constellations" }, { "text": "1615. Briefing on prototype program for multiglobal navigation satellite system receiver development \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the implementation of the program required under section 1607 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1724), including with respect to addressing each element specified in subsection (b) of such section.", "id": "HF576878BDCDE401C81C855F50E089F41", "header": "Briefing on prototype program for multiglobal navigation satellite system receiver development" }, { "text": "1621. Notification of certain threats to United States Armed Forces by foreign governments \n(a) Determination that foreign government intends to cause the death of or serious bodily injury to members of the Armed Forces \nThe Secretary of Defense shall carry out the notification requirement under subsection (b) whenever the Secretary, in consultation with the Director of National Intelligence, determines with high confidence that, on or after the date of the enactment of this Act, an official of a foreign government has taken a substantial step that is intended to cause the death of, or serious bodily injury to, any member of the United States Armed Forces, whether through direct means or indirect means, including through a promise or agreement by the foreign government to pay anything of pecuniary value to an individual or organization in exchange for causing such death or serious bodily injury. (b) Notice to Congress \n(1) Notification \nExcept as provided by paragraph (2), not later than 14 days after making a determination under subsection (a), the Secretary shall notify the congressional defense committees of such determination. Such notification shall include, at a minimum, the following: (A) A description of the nature and extent of the effort by the foreign government to target members of the United States Armed Forces. (B) An assessment of what specific officials, agents, entities, and departments within the foreign government authorized the effort. (C) An assessment of the motivations of the foreign government for undertaking such an effort. (D) An assessment of whether the effort of the foreign government was a substantial factor in the death or serious bodily injury of any member of the United States Armed Forces. (E) Any other information the Secretary determines appropriate. (2) Waiver \nOn a case-by-case basis, the Secretary may waive the notification requirement under paragraph (1) if the Secretary— (A) determines that the waiver is in the national security interests of the United States; and (B) submits to the congressional defense committees a written justification of such determination. (c) Definitions \nIn this section: (1) The term anything of pecuniary value has the meaning given that term in section 1958(b)(1) of title 18, United States Code. (2) The term determines with high confidence — (A) means that the official making the determination— (i) has concluded that the judgments in the determination are based on sound analytic argumentation and high-quality, consistent reporting from multiple sources, including through clandestinely obtained documents, clandestine and open source reporting, and in-depth expertise; (ii) with respect to such judgments, has concluded that the intelligence community has few intelligence gaps and few assumptions underlying the analytic line and that the intelligence community has concluded that the potential for deception is low; and (iii) has examined long-standing analytic judgments and considered alternatives in making the determination; but (B) does not mean that the official making the determination has concluded that the judgments in the determination are fact or certainty. (3) The term direct means means without the use of intermediaries. (4) The term foreign government means the government of a foreign country with which the United States is at peace. (5) The term indirect means means through, or with the assistance of, intermediaries.", "id": "HA211EE76B12F442690C8A3E52B6CE31F", "header": "Notification of certain threats to United States Armed Forces by foreign governments" }, { "text": "1622. Strategy and plan to implement certain defense intelligence reforms \n(a) Strategy and plan \nThe Secretary of Defense, in coordination with the Director of National Intelligence, shall develop and implement a strategy and plan to enable the Defense Intelligence Enterprise to more effectively fulfill the intelligence and information requirements of the commanders of the combatant commands with respect to efforts by the combatant commands to expose and counter foreign malign influence, coercion, and subversion activities undertaken by, or at the direction, on behalf, or with substantial support of the governments of, covered foreign countries. (b) Matters included in plan \nThe plan under subsection (a) shall include the following: (1) A plan to improve policies and procedures of the Defense Intelligence Enterprise to assemble and release facts about the foreign malign influence, coercion, and subversion activities of a covered foreign country described in such subsection in a timely way and in forms that allow for greater distribution and release. (2) A plan to develop and publish validated priority intelligence requirements of the commanders of the combatant commands. (3) A plan to better leverage open-source and commercially available information and independent analyses to support the efforts by the combatant commands described in such subsection. (4) A review by each element of the Defense Intelligence Enterprise of the approaches used by that element— (A) with respect to intelligence that has not been processed or analyzed, to separate out data from the sources and methods by which the data is obtained (commonly known as tearlining ); and (B) with respect to finished intelligence products that relate to foreign malign influence, coercion, and subversion activities of a covered foreign country described in such subsection, to downgrade the classification level of the product. (6) An identification of any additional resources or legislative authority necessary to better meet the intelligence and information requirements described in such subsection. (7) An assignment of responsibilities and timelines for the implementation of the plans described in paragraphs (1), (2), and (3). (8) Any other matters the Secretary determines relevant. (c) Submission \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the appropriate congressional committees and the Comptroller General of the United States the plan developed under subsection (a). (d) Comptroller general review \n(1) Requirement \nThe Comptroller General shall conduct a review of— (A) the plan submitted under subsection (c); and (B) the activities and future plans of the Defense Intelligence Enterprise for meeting the intelligence and information requirements described in subsection (a). (2) Elements \nThe review under paragraph (1) shall include the following: (A) The extent to which the plan submitted under subsection (c) includes the elements identified in subsection (b). (B) The extent to which the Defense Intelligence Enterprise has clearly assigned roles, responsibilities, and processes for fulfilling the intelligence and information requirements described in subsection (a). (C) The extent to which the Defense Intelligence Enterprise is planning to obtain additional capabilities and resources to improve the quality and timeliness of intelligence and information provided to the commanders of the combatant commands to aid in the efforts described in subsection (a). (D) The extent to which the Defense Intelligence Enterprise is identifying, obtaining, and using commercial and publicly available information to aid in such efforts. (E) Any other related issues that the Comptroller General determines appropriate. (3) Briefing and report \nNot later than 120 days after the date on which the Comptroller General receives the plan under subsection (c), the Comptroller General shall provide to the appropriate congressional committees a briefing on any initial findings about the plan. After such briefing, the Comptroller General shall submit to the committees a report on the plan at a date mutually agreed upon by the Comptroller General and the committees. (e) Congressional briefing \nNot later than 90 days after the date of the enactment of this Act, and annually thereafter through December 31, 2026, the Secretary, in coordination with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the strategy and plan under subsection (a). (f) Definitions \nIn this section: (1) The term appropriate congressional committees means the following: (A) The congressional defense committees. (B) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term covered foreign country means any of the following: (A) The People’s Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People’s Republic of Korea. (E) Any other foreign country the Secretary of Defense and the Director of National Intelligence determine appropriate. (3) The term Defense Intelligence Enterprise has the meaning given that term in section 426(b)(4) of title 10, United States Code.", "id": "H7A53C765DFC54847A2B5A59E9A12493F", "header": "Strategy and plan to implement certain defense intelligence reforms" }, { "text": "1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense \n(a) Requirement \nNot later than March 31, 2022, and annually thereafter through 2026, the Director of the Defense Intelligence Agency shall provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the electronic warfare threat to operations of the Department of Defense by Russia, China, and other countries relevant to the conduct of such operations. (b) Contents \nEach briefing provided under subsection (a) shall include a review of the following: (1) Current electronic warfare capabilities of the armed forces of Russia, the armed forces of China, and the armed forces of such other countries as the Director considers appropriate. (2) With respect to the five-year period beginning after the date of the briefing, an estimate of— (A) advances in electronic warfare threats to the operations of the Department from the countries referred to in paragraph (1); and (B) the order of battle for Russia, China, and each other country the Secretary considers appropriate.", "id": "HD2A14745AE9B4DE5AD7B61AAC1F8EC51", "header": "Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense" }, { "text": "1624. Report on explosive ordnance intelligence matters \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of— (1) designating the Director of the Defense Intelligence Agency as the executive agent for explosive ordnance intelligence; and (2) including in the responsibilities of the Director of the Defense Intelligence Agency pursuant to section 105 of the National Security Act of 1947 ( 50 U.S.C. 3038 ) explosive ordnance intelligence, including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies.", "id": "H54C044BB28CD461FB683E393EB8ACFFF", "header": "Report on explosive ordnance intelligence matters" }, { "text": "1631. Participation in United States Strategic Command strategic deterrence exercises \nChapter 24 of title 10, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly): 499b. Participation in United States Strategic Command strategic deterrence exercises \n(a) Participation \nIn the case of annual strategic deterrence exercises held by the United States Strategic Command during fiscal years 2022 through 2032— (1) the Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an even-numbered year; (2) the Deputy Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year; (3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise; (4) the Vice Chairman of the Joint Chiefs of Staff shall participate, in whole or in part, in each such exercise; (5) appropriate senior staff of the Executive Office of the President or appropriate organizations supporting the White House relating to continuity of government activities are encouraged to participate in each such exercise; (6) appropriate general or flag officers of the military departments, and appropriate employees of Federal agencies in Senior Executive Service positions (as defined in section 3132 of title 5), shall participate, in whole or in part, in each such exercise, to provide relevant expertise to the Assistant to the President for National Security Affairs and the Deputy Assistant to the President for National Security Affairs; and (7) in the case of such an exercise for which a unified combatant command has a geographic area of responsibility relevant to the scenario planned to be used for the exercise, not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise: (A) The Commander. (B) The Deputy Commander. (C) The Director of the Joint Staff for Operations. (D) The Director of the Joint Staff for Strategic Plans and Policy. (b) Briefing \nNot fewer than once every four years (or more frequently if appropriate) during the period specified in subsection (a), the President shall be provided a briefing on the annual strategic deterrence exercise held by the United States Strategic Command during the year in which the briefing is provided, including the principal findings resulting from the exercise. (c) Reports \n(1) Not later than 30 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, shall include the following: (A) A description of the purpose and scope of the exercise. (B) An identification of the principal personnel participating in the exercise. (C) A statement of the principal findings resulting from the exercise that specifically relate to the nuclear command, control, and communications or senior leader decision-making process and a description of any deficiencies in that process identified a result of the exercise. (D) Whether the President was briefed on the exercise and the principal findings resulting from the exercise. (2) Not later than 60 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Secretary shall submit to the congressional defense committees— (A) an unedited copy of the report of the Commander submitted under paragraph (1); and (B) any additional recommendations or other matters the Secretary considers appropriate..", "id": "H41C59692C9574A2EB827358A2BEA6A9A", "header": "Participation in United States Strategic Command strategic deterrence exercises" }, { "text": "499b. Participation in United States Strategic Command strategic deterrence exercises \n(a) Participation \nIn the case of annual strategic deterrence exercises held by the United States Strategic Command during fiscal years 2022 through 2032— (1) the Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an even-numbered year; (2) the Deputy Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year; (3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise; (4) the Vice Chairman of the Joint Chiefs of Staff shall participate, in whole or in part, in each such exercise; (5) appropriate senior staff of the Executive Office of the President or appropriate organizations supporting the White House relating to continuity of government activities are encouraged to participate in each such exercise; (6) appropriate general or flag officers of the military departments, and appropriate employees of Federal agencies in Senior Executive Service positions (as defined in section 3132 of title 5), shall participate, in whole or in part, in each such exercise, to provide relevant expertise to the Assistant to the President for National Security Affairs and the Deputy Assistant to the President for National Security Affairs; and (7) in the case of such an exercise for which a unified combatant command has a geographic area of responsibility relevant to the scenario planned to be used for the exercise, not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise: (A) The Commander. (B) The Deputy Commander. (C) The Director of the Joint Staff for Operations. (D) The Director of the Joint Staff for Strategic Plans and Policy. (b) Briefing \nNot fewer than once every four years (or more frequently if appropriate) during the period specified in subsection (a), the President shall be provided a briefing on the annual strategic deterrence exercise held by the United States Strategic Command during the year in which the briefing is provided, including the principal findings resulting from the exercise. (c) Reports \n(1) Not later than 30 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, shall include the following: (A) A description of the purpose and scope of the exercise. (B) An identification of the principal personnel participating in the exercise. (C) A statement of the principal findings resulting from the exercise that specifically relate to the nuclear command, control, and communications or senior leader decision-making process and a description of any deficiencies in that process identified a result of the exercise. (D) Whether the President was briefed on the exercise and the principal findings resulting from the exercise. (2) Not later than 60 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Secretary shall submit to the congressional defense committees— (A) an unedited copy of the report of the Commander submitted under paragraph (1); and (B) any additional recommendations or other matters the Secretary considers appropriate.", "id": "HE75A7519DECB4BA893A07F6748C0A06E", "header": "Participation in United States Strategic Command strategic deterrence exercises" }, { "text": "1632. Modification to requirements relating to nuclear force reductions \nSection 494(c) of title 10, United States Code, is amended— (1) by striking December 31, 2011 each place it appears and inserting December 31, 2021 ; and (2) in paragraph (3), by striking December 31, 2017 and inserting February 1, 2025.", "id": "HB3F1C770CCA449AF805A9A3AA5A9088F", "header": "Modification to requirements relating to nuclear force reductions" }, { "text": "1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States \nSection 498 of title 10, United States Code, is amended— (1) by striking subsection (a) and inserting the following new subsection (a): (a) In general \nOther than pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution of the United States, if the President has under consideration to unilaterally change the size of the total stockpile of nuclear weapons of the United States, or the total number of deployed nuclear weapons (as defined under the New START Treaty), by more than 20 percent, prior to doing so the President shall initiate a Nuclear Posture Review. ; (2) in subsection (c), by striking in the nuclear weapons stockpile by more than 25 percent and inserting described in subsection (a) ; (3) in subsection (d), by striking treaty obligations and inserting obligations pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution ; and (4) by adding at the end the following: (f) New START Treaty defined \nIn this section, the term New START Treaty means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011..", "id": "HAB3E80D424894A4B81AD3A50A1BFB414", "header": "Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States" }, { "text": "1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems \nSection 493 of title 10, United States Code, is amended in the first sentence by inserting after report on the modification the following: not less than 180 days before the intended effective date of the modification.", "id": "H0EC37A327CE14F8C91CDE5F2A53D5E8D", "header": "Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems" }, { "text": "1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe \nSection 497(b) of title 10, United States Code, is amended by striking 60 days and inserting 120 days.", "id": "HC550B221F9DA4F55A7126FB637E54B7A", "header": "Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe" }, { "text": "1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device \n(a) In general \nThe Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the ground-based strategic deterrent program. (b) Availability of funds \nNotwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2022 by section 101 and available for missile procurement, Air Force, as specified in the corresponding funding table in section 4101, $10,900,000 shall be available for the procurement of covered parts pursuant to contracts entered into under subsection (a). (c) Covered parts defined \nIn this section, the term covered parts means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code.", "id": "H19E2D0D2A3114C779795521E46BB600A", "header": "Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device" }, { "text": "1637. Capability of B–21 bomber aircraft with long-range standoff weapon \nThe Secretary of the Air Force shall ensure that the B–21 bomber aircraft is capable of employing the long-range standoff weapon.", "id": "HFE537E19BDA243B59E3DF94AD499AD31", "header": "Capability of B–21 bomber aircraft with long-range standoff weapon" }, { "text": "1638. Mission-design series popular name for ground-based strategic deterrent \n(a) Requirement \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall establish a mission-design series popular name for the ground-based strategic deterrent, consistent with the procedures set forth in Department of Defense Directive 4120.15 (relating to designating and naming military aerospace vehicles). (b) Notification \nNot later than 10 days after completing the requirement under subsection (a), the Secretary of the Air Force shall notify the congressional defense committees of the completion of the requirement.", "id": "HE57589DED02042A0B29E667CDA62E615", "header": "Mission-design series popular name for ground-based strategic deterrent" }, { "text": "1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States \n(a) Prohibition \nExcept as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following: (1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States. (2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400. (b) Exception \nThe prohibition in subsection (a) shall not apply to any of the following activities: (1) The maintenance or sustainment of intercontinental ballistic missiles. (2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.", "id": "H3EEAEFB0CF8A4BB6BB76D4D0B56B1392", "header": "Prohibition on reduction of the intercontinental ballistic missiles of the United States" }, { "text": "1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of the Navy, not more than 75 percent may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees all written communications from or to personnel of the Department of the Navy regarding the proposed budget amount or limitation for the nuclear-armed sea-launched cruise missile contained in the defense budget materials (as defined by section 231(f) of title 10, United States Code) relating to the Navy for fiscal year 2023.", "id": "H4B9B029F52C14BC497728AA0DA97B97D", "header": "Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile" }, { "text": "1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of Defense (other than travel by the Secretary of Defense or the Deputy Secretary of Defense), not more than 75 percent may be obligated or expended until the Secretary— (1) submits to the congressional defense committees the analysis of alternatives for the nuclear-armed sea-launched cruise missile; and (2) provides to such committees a briefing on such analysis of alternatives.", "id": "H1B53E61C5B5F4697BB2772C80C4DE107", "header": "Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile" }, { "text": "1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles \nNot later than March 1, 2022, and annually thereafter until the date on which the ground-based strategic deterrent weapon achieves initial operating capability, the Chairman of the Joint Chiefs of Staff shall certify to the congressional defense committees whether the state of the readiness of Minuteman III intercontinental ballistic missiles requires placing heavy bombers equipped with nuclear gravity bombs or air-launched nuclear cruise missiles, and associated refueling tanker aircraft, on alert status.", "id": "H3F2A3AF3CB3746CD9ABFA23C5716FB54", "header": "Annual certification on readiness of Minuteman III intercontinental ballistic missiles" }, { "text": "1643. Revised nuclear posture review \n(a) Requirement for comprehensive review \nIn order to clarify the nuclear deterrence policy and strategy of the United States for the near term, the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Vice Chairman of the Joint Chiefs of Staff, shall conduct a comprehensive review of the nuclear posture of the United States for the five- and 10-year periods following the date of the review. The Secretary shall conduct the review in consultation with the Secretary of Energy, the Secretary of State, and the Director of National Intelligence. (b) Elements of review \nThe nuclear posture review under subsection (a) shall include the following elements: (1) An assessment of the current and projected nuclear capabilities of Russia and China, and such other potential threats as the Secretary considers appropriate. (2) The role of nuclear forces in military strategy, planning, and programming of the United States. (3) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture. (4) The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives. (5) The role that missile defenses, conventional strike forces, and other capabilities play in determining the role and size of nuclear forces. (6) The levels and composition of the nuclear delivery systems that will be required for implementing the national and military strategy of the United States, including ongoing plans for replacing existing systems. (7) The nuclear weapons complex that will be required for implementing such national and military strategy, including ongoing plans to modernize the complex. (8) The active and inactive nuclear weapons stockpile that will be required for implementing the such national and military strategy, including ongoing plans for replacing or modifying warheads. (c) Report \nConcurrent with the national defense strategy required to be submitted under section 113(g) of title 10, United States Code, in 2022, the Secretary shall submit to the congressional defense committees a report on the results of the nuclear posture review conducted under subsection (a). The report shall be submitted in unclassified and classified forms as necessary.", "id": "H1514CC3E123A45EB938F9151D910EED3", "header": "Revised nuclear posture review" }, { "text": "1644. Review of safety, security, and reliability of nuclear weapons and related systems \n(a) Findings \nCongress finds the following: (1) On December 20, 1990, Secretary of Defense Cheney chartered a five-person independent committee known as the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction to assess the capability of the nuclear weapon command and control system to meet the dual requirements of assurance against unauthorized use of nuclear weapons and assurance of timely, reliable execution when authorized, and to identify opportunities for positive measures to enhance failsafe features. (2) The Federal Advisory Committee, chaired by Ambassador Jeane J. Kirkpatrick, recommended changes in the nuclear enterprise, as well as policy proposals to reduce the risks posed by unauthorized launches and miscalculation. (3) The Federal Advisory Committee found, unambiguously, that failsafe and oversight enhancements are possible. (4) Since 1990, new threats to the nuclear enterprise have arisen in the cyber, space, and information warfare domains. (5) Ensuring the continued assurance of the nuclear command, control, and communications infrastructure is essential to the national security of the United States. (b) Review \nThe Secretary of Defense shall provide for the conduct of an independent review of the safety, security, and reliability of covered nuclear systems. The Secretary shall ensure that such review is conducted in a manner similar to the review conducted by the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction. (c) Matters included \nThe review conducted pursuant to subsection (b) shall include the following: (1) Plans for modernizing the covered nuclear systems, including options and recommendations for technical, procedural, and policy measures that could strengthen safeguards, improve the security and reliability of digital technologies, and prevent cyber-related and other risks that could lead to the unauthorized or inadvertent use of nuclear weapons as the result of an accident, misinterpretation, miscalculation, terrorism, unexpected technological breakthrough, or deliberate act. (2) Options and recommendations for nuclear risk reduction measures, focusing on confidence building and predictability, that the United States could carry out alone or with near-peer adversaries to strengthen safeguards against the unauthorized or inadvertent use of a nuclear weapon and to reduce nuclear risks. (d) Submission \nNot later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the review conducted pursuant to subsection (b). (e) Previous review \nNot later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the final report of the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction. (f) Covered nuclear systems defined \nIn this section, the term covered nuclear systems means the following systems of the United States: (1) The nuclear weapons systems. (2) The nuclear command, control, and communications system. (3) The integrated tactical warning/attack assessment system.", "id": "HA7A0D1C226D847E48C07695B27C51CA3", "header": "Review of safety, security, and reliability of nuclear weapons and related systems" }, { "text": "1645. Long-range standoff weapon \n(a) Requirement \nIn addition to the requirements under section 2366c of title 10, United States Code, prior to awarding a procurement contract for the long-range standoff weapon, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees each of the following: (1) A certification that the future-years defense program submitted to Congress under section 221 of title 10, United States Code, includes, or will include, estimated funding for the program in the amounts specified in the independent estimated cost submitted to the congressional defense committees under subsection (a)(2) of such section 2366c. (2) A copy of the justification and approval documentation regarding the determination by the Secretary to award a sole-source contract for the program, including with respect to how the Secretary will manage the cost of the program in the absence of competition. (b) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the execution of the engineering and manufacturing development contract for the long-range standoff weapon, including with respect to— (1) how the timely development of the long-range standoff weapon may serve as a hedge to delays in other nuclear modernization efforts; (2) the effects of potential delays in the W80–4 warhead program on the ability of the long-range standoff weapon to achieve the initial operational capability schedule under section 217 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 706), as most recently amended by section 1668 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1774); (3) options to adjust the budget profile of the long-range standoff weapon program to ensure the program remains on schedule; and (4) a plan to ensure best value to the United States once the programs enter into procurement.", "id": "H479F274AA9714841A4F3F598260FCEE4", "header": "Long-range standoff weapon" }, { "text": "1646. Ground-based strategic deterrent development program accountability matrices \n(a) In general \nConcurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to section 1105(a) of title 31, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in subsection (b) relating to the ground-based strategic deterrent weapon system. (b) Matrices described \nThe matrices described in this subsection are the following: (1) Engineering and manufacturing development goals \nA matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the engineering and manufacturing development phase of the ground-based strategic deterrent weapon system, which shall be subdivided, at a minimum, according to the following: (A) Technology maturity, including technology readiness levels of major components and key demonstration events leading to technology readiness level 7 full maturity. (B) Design maturity for the missile, weapon system command and control, and ground systems. (C) Software maturity, including key events and metrics. (D) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. (E) The schedule with respect to the following: (i) Ground-based strategic deterrent weapon system level critical path events and margins. (ii) Separate individual critical path events and margins for each of the following major events: (I) First flight. (II) First functional test. (III) Weapon system qualification. (IV) Combined certifications. (V) Operational weapon system article. (VI) Initial operational capability. (VII) Wing A completion. (F) Personnel, including planned and actual staffing for the program office and for contractor and supporting organizations, including for testing, nuclear certification, and civil engineering by the Air Force. (G) Reliability, including growth plans and key milestones. (2) Cost \n(A) In general \nThe following matrices relating to the cost of the ground-based strategic deterrent weapon system: (i) A matrix expressing, in six-month increments, the total cost for the engineering and manufacturing development phase and low-rate initial production lots of the ground-based strategic deterrent weapon system. (ii) A matrix expressing the total cost for the prime contractor's estimate for the engineering and manufacturing development phase and production lots. (B) Phasing and subdivision of matrices \nThe matrices described in clauses (i) and (ii) of subparagraph (A) shall be— (i) phased over the entire engineering and manufacturing development period; and (ii) subdivided according to the costs of the primary subsystems in the ground-based strategic deterrent weapon system work breakdown structure. (c) Semi-annual updates of matrices \nNot later than 180 days after the date on which the Secretary submits the matrices described in subsection (b) for a year as required by subsection (a), the Secretary shall submit to the congressional defense committees and the Comptroller General updates to the matrices. (d) Treatment of the first matrices as baseline \n(1) In general \nThe first set of matrices submitted under subsection (a) shall be treated as the baseline for the full engineering and manufacturing development phase and low-rate initial production of the ground-based strategic deterrent weapon system program for purposes of updates submitted under subsection (c) and subsequent matrices submitted under subsection (a). (2) Elements \nAfter the submission of the first set of matrices required by subsection (a), each update submitted under subsection (c) and each subsequent set of matrices submitted under subsection (a) shall— (A) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices; and (B) provide updated cost estimates. (e) Assessment by Comptroller General of the United States \nNot later than 60 days after receiving the matrices described in subsection (b) for a year as required by subsection (a), the Comptroller General shall assess the acquisition progress made with respect to the ground-based strategic deterrent weapon system and brief the congressional defense committees on the results of that assessment. (f) Termination \nThe requirements of this section shall terminate on the date that is one year after the ground-based strategic deterrent weapon system achieves initial operational capability.", "id": "H4642010AA98546F290C54272EB71CAD5", "header": "Ground-based strategic deterrent development program accountability matrices" }, { "text": "1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force \n(a) Requirement \nThe Secretary of Defense shall submit to the congressional defense committees all— (1) scoping documents relating to any covered review; and (2) reports or other documents relating to any such review. (b) Timing \nThe Secretary shall submit the documents and reports under subsection (a) by the date that is the later of the following: (1) 15 days after the date on which the documents or reports are produced. (2) 15 days after the date of the enactment of this Act. (c) Covered review \nIn this section, the term covered review means any review initiated in 2021 or 2022 by any entity pursuant to an agreement or contract with the Federal Government regarding— (1) a service life extension program for Minuteman III intercontinental ballistic missiles; or (2) the future of the intercontinental ballistic missile force.", "id": "HE0A5FABB573D4FF2AA65CA2B2949AD26", "header": "Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force" }, { "text": "1648. Notification regarding intercontinental ballistic missiles of China \n(a) Requirement \nIf the Commander of the United States Strategic Command determines that the number of intercontinental ballistic missiles in the active inventory of China exceeds the number of intercontinental ballistic missiles in the active inventory of the United States, the number of nuclear warheads equipped on such missiles of China exceeds the number of nuclear warheads equipped on such missiles of the United States, or the number of intercontinental ballistic missile launchers in China exceeds the number of intercontinental ballistic missile launchers in the United States, the Commander shall submit to the congressional defense committees— (1) a notification of such determination; (2) an assessment of the composition of the intercontinental ballistic missiles of China, including the types of nuclear warheads equipped on such missiles; and (3) a strategy for deterring China. (b) Form \nThe notification under paragraph (1) of subsection (a) shall be submitted in unclassified form, and the assessment and strategy under paragraphs (2) and (3) of such subsection may be submitted in classified form. (c) Termination \nThe requirement under subsection (a) shall terminate on the date that is four years after the date of the enactment of this Act.", "id": "H3A04F7CA7C5842D587901D1C37929D4F", "header": "Notification regarding intercontinental ballistic missiles of China" }, { "text": "1649. Independent review of nuclear command, control, and communications system \n(a) Review \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a review of the current plans, policies, and programs of the nuclear command, control, and communications system of the Department of Defense, and such plans, policies, and programs that are planned for the 10- and 30-year periods following such date of enactment. (b) Matters included \nThe review under subsection (a) shall include a review of each of the following: (1) The plans, policies, and programs described in such subsection. (2) The operational, organizational, programmatic, and acquisition challenges and risks with respect to— (A) maintaining the existing nuclear command, control, and communications system; and (B) the nuclear command, control, and communications system to be fielded during the 10-year period following the date of the enactment of this Act. (3) Emerging technologies and how such technologies may be applied to the next generation of the nuclear command, control, and communications system during the 30-year period following the date of the enactment of this Act to ensure— (A) the survivability of the system; and (B) the capability of the system with respect to— (i) decisionmaking; (ii) situation monitoring; (iii) planning; (iv) force direction; and (v) force management. (4) The security and surety of the nuclear command, control, and communications system. (5) Threats to the nuclear command, control, and communications system that may occur and the ability to detect and mitigate such threats during the 10- and 30-year periods following the date of the enactment of this Act. (c) Briefing \nNot later than September 1, 2022, the federally funded research and development center that conducts the review under subsection (a) shall provide the congressional defense committees an interim briefing on the review under subsection (a). (d) Report \nNot later than March 1, 2023, the federally funded research and development center that conducts the review under subsection (a) shall submit to the Secretary and the congressional defense committees a report containing the review under such subsection.", "id": "H3FAF8E9EA2614E4EA590A240C6D07A42", "header": "Independent review of nuclear command, control, and communications system" }, { "text": "1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program \n(a) Review \n(1) Requirement \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into a contract with a federally funded research and development center to conduct a review of the implementation and the execution of the engineering and manufacturing development phase for the ground-based strategic deterrent program. (2) Matters included \nThe review under paragraph (1) shall include the following: (A) An analysis of the ability of the Air Force to implement industry best practices regarding digital engineering during the engineering and manufacturing development phase of the ground-based strategic deterrent program. (B) An assessment of the opportunities offered by the adoption by the Air Force of digital engineering processes and of the challenges the Air Force faces in implementing such industry best practices. (C) A review of the ability of the Air Force to leverage digital engineering during such engineering and manufacturing development phase. (D) A review of any options that may be available to the Air Force during the engineering and manufacturing development phase of the ground-based strategic deterrent program to— (i) reduce cost and introduce long-term sustainment efficiencies; and (ii) stimulate competition within the operations and maintenance phase of the program. (E) Recommendations to improve the cost, schedule, and program management of the engineering and manufacturing development phase for the ground-based strategic deterrent program. (3) Provision of information \nThe Secretary shall provide to the individuals conducting the review under paragraph (1) all information necessary for the review. (4) Security clearances \nThe Secretary shall ensure that each individual who conducts the review under paragraph (1) holds a security clearance at the appropriate level for such review. (b) Report \nNot later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the review under subsection (a)(1). The report shall be submitted in unclassified form and shall include a classified annex. (c) Briefing \nNot later than 90 days after the date on which the Secretary submits the report under subsection (b), the Secretary shall provide to the congressional defense committees a briefing on— (1) plans of the Air Force for implementing any of the recommendations contained in the review under subsection (a)(1); and (2) an explanation for rejecting any recommendations contained in the review that the Secretary elects not to implement.", "id": "HED0CD8AD6AA8491BA8A4AC6DC9E04C0E", "header": "Review of engineering and manufacturing development contract for ground-based strategic deterrent program" }, { "text": "1651. Report on re-alerting long-range bombers \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report containing— (1) a cost estimate with respect to re-alerting long-range bombers and air refueling tanker aircraft in the absence of a ground-based leg of the nuclear triad; and (2) an assessment of the impact of such re-alerting on force readiness.", "id": "HF56A50B1ECEF4344930233D417F209BE", "header": "Report on re-alerting long-range bombers" }, { "text": "1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements \n(a) Comptroller General study required \nThe Comptroller General of the United States shall conduct a study on the strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements of the Department of Defense. (b) Matters covered \nThe study conducted under subsection (a) shall, at minimum, consist of an update to the report of the Comptroller General titled Strategic Weapons: Changes in the Nuclear Weapons Targeting Process Since 1991 (GAO–12–786R) and dated July 31, 2012, including covering any changes to— (1) how the Department of Defense has assessed threats and modified its nuclear deterrence policy; (2) targeting and employment guidance from the President, the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Commander of United States Strategic Command; (3) nuclear weapons planning and targeting, including categories and types of targets; (4) strategic nuclear forces, including the stockpile, force posture, and modernization; (5) the level of civilian oversight; (6) the relationship between targeting and requirements; and (7) any other matters considered appropriate by the Comptroller General. (c) Reporting \n(1) Briefing on preliminary findings \nNot later than March 31, 2022, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study conducted under subsection (a). (2) Final report \nThe Comptroller General shall submit to the congressional defense committees a final report on the findings of the study conducted under subsection (a) at a time agreed to by the Comptroller General and the congressional defense committees at the briefing required by paragraph (1). (3) Form \nThe briefing required by paragraph (1) may be provided, and the report required by paragraph (2) may be submitted, in classified form. (d) Cooperation \nThe Secretary of Defense and the Secretary of Energy shall provide the Comptroller General with full cooperation and access to appropriate officials, guidance, and documentation for the purposes of conducting the study required by subsection (a).", "id": "H238F79CC926D49C9A6670EB23122546E", "header": "Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements" }, { "text": "1653. Briefing on consultations with United States allies regarding Nuclear Posture Review \n(a) In general \nNot later than the date on which the Secretary of Defense issues the first Nuclear Posture Review after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees, the Majority and Minority Leaders of the Senate, and the Speaker and Minority Leader of the House of Representatives a briefing on all consultations with allies of the United States regarding the Nuclear Posture Review. (b) Elements \nThe briefing required by subsection (a) shall include the following: (1) A listing of all countries consulted with respect to the Nuclear Posture Review, including the dates and circumstances of each such consultation and the countries present. (2) An overview of the topics and concepts discussed with each such country during such consultations, including any discussion of potential changes to the nuclear declaratory policy of the United States. (3) An opportunity for the committees and officials referred to in subsection (a) to view documents relating to such consultations. (4) A summary of any feedback provided during such consultations. (c) Form \nThe briefing required by subsection (a) shall be conducted in both in an unclassified and classified format. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.", "id": "H21A8E9288C314F1DB1010F16F56560E0", "header": "Briefing on consultations with United States allies regarding Nuclear Posture Review" }, { "text": "1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency \n(a) Notice and wait requirement \nSection 205 of title 10, United States Code, is amended— (1) by striking The Director and inserting (a) Appointment of Director.— The Director ; and (2) by adding at the end the following new subsection: (b) Notification of changes to non-standard acquisition and requirements processes and responsibilities \n(1) The Secretary of Defense may not make any changes to the missile defense non-standard acquisition and requirements processes and responsibilities unless, with respect to those proposed changes— (A) the Secretary, without delegation, has taken each of the actions specified in paragraph (2); and (B) a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph (C) of such paragraph. (2) If the Secretary proposes to make changes to the missile defense non-standard acquisition and requirements processes and responsibilities, the Secretary shall— (A) consult with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency, regarding the changes; (B) certify to the congressional defense committees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A); (C) submit to the congressional defense committees a report that contains— (i) a description of the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph (A) with respect to the changes; (ii) a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and (iii) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, a final draft of the proposed modified directive, both in an electronic format and in a hard copy format; and (D) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, provide to such committees a briefing on the proposed modified directive described in subparagraph (C)(iii). (3) In this subsection, the term non-standard acquisition and requirements processes and responsibilities means the processes and responsibilities described in— (A) the memorandum of the Secretary of Defense titled Missile Defense Program Direction signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection; (B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modifications described in Directive-type Memorandum 20–002 of the Deputy Secretary of Defense, or any amendments or extensions thereto made before the date of such enactment), or as modified in accordance with this subsection, or any successor directive issued in accordance with this subsection; and (C) United States Strategic Command Instruction 538–3 titled MD Warfighter Involvement Process , as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor instruction issued in accordance with this subsection.. (b) Conforming amendments \n(1) FY20 NDAA \nSection 1688 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1787) is amended— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (2) FY21 NDAA \nSection 1641 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4061) is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c).", "id": "H2D6CE32445504180BF78374849F2A338", "header": "Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency" }, { "text": "1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites \n(a) Limitation \n(1) Production of satellites and ground systems \nThe Director of the Missile Defense Agency may not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites. (2) Prototype satellites \n(A) Authority \nThe Director, with the concurrence of the Space Acquisition Council established by section 9021 of title 10, United States Code, may authorize the production of one or more prototype satellites, consistent with the requirements of the Missile Defense Agency. (B) Report \nNot later than 30 days after the date on which the Space Acquisition Council concurs with the Director with respect to authorizing the production of a prototype satellite under subparagraph (A), the chair of the Council shall submit to the congressional defense committees a report explaining the reasons for such concurrence. (C) Obligation of funds \nThe Director may not obligate funds for the production of a prototype satellite under subparagraph (A) before the date on which the Space Acquisition Council submits the report for such prototype satellite under subparagraph (B). (b) Hypersonic and ballistic missile tracking space sensor \nSection 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) Waiver of certain limitation \nThe Assistant Secretary of the Air Force for Space Acquisition and Integration, acting as the chair of the Space Acquisition Council, may waive the limitation in section 1662 of the National Defense Authorization Act for Fiscal Year 2022, with respect to the hypersonic and ballistic missile tracking space sensor program if the Assistant Secretary— (1) determines that such limitation would delay the delivery of an operational hypersonic and ballistic missile tracking space sensor because of technical, cost, or schedule factors; and (2) submits to the congressional defense committees— (A) the technical, schedule, or cost rationale for the waiver; (B) an acquisition strategy for the hypersonic and ballistic missile tracking space sensor program that is signed by both the Director and the Assistant Secretary; and (C) a lead service agreement entered into by the Director and the Chief of Space Operations regarding the operation and sustainment of the hypersonic and ballistic missile tracking space sensor and the integration of the sensor into the architecture of the Space Force..", "id": "H2368CA6F062C4CCEA19686D0A01DCA3D", "header": "Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites" }, { "text": "1663. Extension of period for transition of ballistic missile defense programs to military departments \nSection 1676(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2431 note) is amended by striking the date on which the budget of the President for fiscal year 2023 is submitted under section 1105 of title 31, United States Code, and inserting, October 1, 2023,.", "id": "HC70153B8B9354EB68BAD47E6A75E8108", "header": "Extension of period for transition of ballistic missile defense programs to military departments" }, { "text": "1664. Directed energy programs for ballistic and hypersonic missile defense \n(a) Authority of the Missile Defense Agency \nThe Secretary of Defense shall delegate to the Director of the Missile Defense Agency the authority to budget for, direct, and manage directed energy programs applicable for ballistic and hypersonic missile defense missions, in coordination with other directed energy efforts of the Department of Defense. (b) Prioritization \nIn budgeting for and directing directed energy programs applicable for ballistic and hypersonic defensive missions pursuant to subsection (a), the Director of the Missile Defense Agency shall— (1) prioritize the early research and development of technologies; and (2) address the transition of such technologies to industry to support future operationally relevant capabilities.", "id": "HA456CD118423498BBFB03C6B9A91EA64", "header": "Directed energy programs for ballistic and hypersonic missile defense" }, { "text": "1665. Guam integrated air and missile defense system \n(a) Architecture and acquisition \nThe Secretary of Defense, acting through the Director of the Missile Defense Agency, and in coordination with the Commander of the United States Indo-Pacific Command, shall identify the architecture and acquisition approach for implementing a 360-degree integrated air and missile defense capability to defend the people, infrastructure, and territory of Guam from the scope and scale of advanced cruise, ballistic, and hypersonic missile threats that are expected to be fielded during the 10-year period beginning on the date of the enactment of this Act. (b) Requirements \nThe architecture identified under subsection (a) shall have the ability to— (1) integrate, while maintaining high kill chain performance against advanced threats, all applicable— (A) multi-domain sensors that contribute substantively to track quality and track custody; (B) interceptors; and (C) command and control systems; (2) address robust discrimination and electromagnetic compatibility with other sensors; (3) engage directly, or coordinate engagements with other integrated air and missile defense systems, to defeat the spectrum of cruise, ballistic, and hypersonic threats expected to be fielded during the 10-year period beginning on the date of the enactment of this Act; (4) leverage existing programs of record to expedite the development and deployment of the architecture during the five-year period beginning on the date of the enactment of this Act, with an objective of achieving initial operating capability in 2025, including with respect to— (A) the Aegis ballistic missile defense system; (B) standard missile–3 and –6 variants; (C) the terminal high altitude area defense system; (D) the Patriot air and missile defense system; (E) the integrated battle control system; and (F) the lower tier air and missile defense sensor and other lower tier capabilities, as applicable; (5) integrate future systems and interceptors, including directed energy-based kill systems, that will also have the capability to detect, track, and defeat hypersonic missiles in the glide and terminal phases, including integration of passive measures to protect assets in Guam; and (6) incentivize competition within the acquisition of the architecture and rapid procurement and deployment wherever possible. (c) Report \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the architecture and acquisition approach identified under subsection (a), including— (1) an assessment of the development and implementation risks associated with each of the elements identified under subsection (b); and (2) a plan for expending funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for such architecture. (d) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of Cost Assessment and Program Evaluation, not more than 80 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report under subsection (c).", "id": "H46E2838BB29B4454A0738DBA91199D16", "header": "Guam integrated air and missile defense system" }, { "text": "1666. Missile defense radar in Hawaii \nAs a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Director of the Missile Defense Agency shall certify to the congressional defense committees that— (1) the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 includes adequate amounts of estimated funding to develop, construct, test, and integrate into the missile defense system the discrimination radar for homeland defense planned to be located in Hawaii; and (2) such radar and associated in-flight interceptor communications system data terminal will be operational by not later than December 31, 2028.", "id": "HBBAADED7806F4822BB293D678208F48D", "header": "Missile defense radar in Hawaii" }, { "text": "1667. Certification required for Russia and China to tour certain missile defense sites \n(a) Certification \nBefore the Secretary of Defense makes a determination with respect to allowing a foreign national of Russia or China to tour a covered site, the Secretary shall submit to the congressional defense committees a certification that— (1) the Secretary has determined that such tour is in the national security interest of the United States, including the justifications for such determination; and (2) the Secretary will not share any technical data relating to the covered site with the foreign nationals. (b) Timing \nThe Secretary may not conduct a tour described in subsection (a) until a period of 45 days has elapsed following the date on which the Secretary submits the certification for that tour under such subsection. (c) Construction with other requirements \nNothing in this section shall be construed to supersede or otherwise affect section 130h of title 10, United States Code. (d) Covered site \nIn this section, the term covered site means any of the following: (1) The combat information center of a naval ship equipped with the Aegis ballistic missile defense system. (2) An Aegis Ashore site. (3) A terminal high altitude area defense battery. (4) A ground-based midcourse defense interceptor silo.", "id": "H1D182C20F44D4BD582AD82E1512AA5A7", "header": "Certification required for Russia and China to tour certain missile defense sites" }, { "text": "1668. Next generation interceptors for missile defense of the United States homeland \n(a) Funding plan \nThe Director of the Missile Defense Agency shall develop a funding plan that includes funding lines across the future-years defense program under section 221 of title 10, United States Code, for the next generation interceptor that— (1) while applying lessons learned from the redesigned kill vehicle program, incorporating recommendations from the Comptroller General of the United States, and implementing fly-before-you-buy principles, produces and begins deployment of the next generation interceptor as early as practicable; (2) includes acquiring at least 20 operational next generation interceptors; and (3) includes transition plans to replace the current inventory of silo-based boosters with follow-on systems prior to the end of the useful lifecycle of the boosters. (b) Report on funding profile \nThe Director shall include with the budget justification materials submitted to Congress in support of the budget of the Department of Defense for fiscal year 2023 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the funding profile necessary for the next generation interceptor program through the date on which the program achieves full operational capability. (c) Congressional notification of cancellation requirement \nNot later than 30 days prior to any final decision to cancel the next generation interceptor program, the Director shall provide to the congressional defense committees a briefing on such decision, including— (1) a justification for the decision; and (2) an analysis of the national security risk that the Director accepts by reason of cancelling such program. (d) Inclusion in required flight tests \nSection 1689(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2431 note) is amended by adding after the period at the end the following new sentence: Beginning not later than five years after the date on which the next generation interceptor achieves initial operational capability, the Director shall ensure that such flight tests include the next generation interceptor.. (e) Report \nNot later than the date of on which the Director approves the next generation interceptor program to enter the initial production phase of the acquisition process, the Director shall submit to the congressional defense committees a report outlining estimated annual costs for conducting annual, operationally relevant flight testing to evaluate the reliability of the system developed under such program, including associated production costs for procuring sufficient flight systems to support such testing for the projected life of the system. (f) Program accountability matrices \n(1) Requirement \nConcurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to section 1105(a) of title 31, United States Code, the Director shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in paragraph (2) relating to the next generation interceptor program. (2) Matrices described \nThe matrices described in this subsection are the following: (A) Technology and product development goals \nA matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the technology development phase of the next generation interceptor program, which shall be subdivided, at a minimum, according to the following: (i) Technology maturity, including technology readiness levels of major interceptor components and key demonstration events leading to full maturity. (ii) Design maturity, including key events and metrics, at the interceptor all up round level and major interceptor component level. (iii) Parts testing, including key events and metrics for vetting parts and components through a parts, materials, and processes mission assurance plan. (iv) Software maturity, including key events and metrics, at the all up round level and major interceptor component level for the interceptor. (v) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. (vi) Schedule, with respect to key program milestones, critical path events, and margins. (vii) Reliability, including growth plans and key milestones. (viii) Developmental testing and cybersecurity. (ix) Any other technology and product development goals the Director determines to be appropriate. (B) Cost \n(i) In general \nThe following matrices relating to the cost of the next generation interceptor program: (I) A matrix expressing, in six-month increments, the total cost for the technology development phase. (II) A matrix expressing the total cost for each of the contractors’ estimates for the technology development phase. (ii) Phasing and subdivision of matrices \nThe matrices described in clauses (i) and (ii) of subparagraph (B) shall be— (I) phased over the entire technology development phase; and (II) subdivided according to the costs major interceptor component of each next generation interceptor configuration. (C) Stakeholder and independent reviews \nA matrix that identifies, in six-month increments, plans and status for coordinating products and obtaining independent reviews for the next generation interceptor program for the technology development phase, which shall be subdivided according to the following: (i) Performance requirements, including coordinating, updating, and obtaining approval of the top-level requirements document. (ii) Intelligence inputs, processes, and products, including— (I) coordinating, updating, and validating the homeland ballistic missile defense validated online lifecycle threat with the Director of the Defense Intelligence Agency; and (II) coordinating and obtaining approval of a lifecycle mission data plan. (iii) Independent assessments, including obtaining an initial and updated— (I) technical risk assessment; and (II) cost estimate. (iv) Models and simulations, including— (I) obtaining accreditation of interceptor models and simulations at both the all up round level and subsystem level from the Ballistic Missile Defense Operational Test Agency; (II) obtaining certification of threat models used for interceptor ground test from the Ballistic Missile Defense Operational Test Agency; and (III) obtaining accreditation from the Director of the Defense Intelligence Agency on all threat models, simulations, and associated data used to support interceptor development. (v) Sustainability and obsolescence, including coordinating and obtaining approval of a lifecycle sustainment plan. (vi) Cybersecurity, including coordinating and obtaining approval of a cybersecurity strategy. (3) Form \nThe matrices submitted under paragraph (2) shall be in unclassified form, but may contain a classified annex. (4) Semiannual updates of matrices \nNot later than 180 days after the date on which the Director submits the matrices described in paragraph (2) for a year as required by paragraph (1), the Director shall submit to the congressional defense committees and the Comptroller General updates to the matrices. (5) Treatment of the first matrices as baseline \n(A) In general \nThe first set of matrices submitted under paragraph (1) shall be treated as the baseline for the technology development phase of the next generation interceptor program for purposes of updates submitted under subsection (i) and subsequent matrices submitted under paragraph (1). (B) Elements \nAfter the submission of the first set of matrices required by paragraph (1), each update submitted under paragraph (4) and each subsequent set of matrices submitted under paragraph (1) shall— (i) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices under subparagraph (A) of paragraph (2); (ii) provide updated cost estimates under subparagraph (B) of such paragraph; and (iii) provide updated plans and status under subparagraph (C) of such paragraph. (6) Assessment by Comptroller General of the United States \nNot later than 60 days after receiving the matrices described in paragraph (2) for a year as required by paragraph (1), the Comptroller General shall— (A) assess the acquisition progress made with respect to the next generation interceptor program; and (B) provide to the congressional defense committees a briefing on the results of that assessment. (7) Termination \nThe requirements of this subsection shall terminate on the date that is one year after the date on which the next generation interceptor program is approved to enter the product development phase.", "id": "H3C15FA096F624BE98AC8CB27F5EA98BB", "header": "Next generation interceptors for missile defense of the United States homeland" }, { "text": "1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production \n(a) Iron Dome short-range rocket defense system \n(1) Availability of funds \nOf the funds authorized to be appropriated by this Act for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $108,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States. (2) Conditions \n(A) Agreement \nFunds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors. (B) Certification \nNot later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (i) a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement; (ii) an assessment detailing any risks relating to the implementation of such agreement; and (iii) for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended. (b) Israeli cooperative missile defense program, David's Sling Weapon System co-production \n(1) In general \nSubject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $30,000,000 may be provided to the Government of Israel to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry. (2) Agreement \nProvision of funds specified in paragraph (1) shall be subject to the terms and conditions in the bilateral co-production agreement, including— (A) a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and (B) co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David's Sling Weapon System is not less than 50 percent. (3) Certification and assessment \nThe Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (A) a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System; and (B) an assessment detailing any risks relating to the implementation of such agreement. (c) Israeli cooperative missile defense program, Arrow 3 Upper Tier Interceptor Program co-production \n(1) In general \nSubject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $62,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry. (2) Certification \nThe Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that— (A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program; (B) funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); (C) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds— (i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production; (ii) complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel; (iii) technical milestones for co-production of parts and components and procurement; (iv) a joint affordability working group to consider cost reduction initiatives; and (v) joint approval processes for third-party sales; and (D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent. (d) Number \nIn carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit— (1) one certification covering both the David's Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or (2) separate certifications for each respective system. (e) Timing \nThe Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel. (f) Workshare for Iron Dome replenishment efforts \n(1) Maintenance of agreement \nWith respect to replenishment efforts for the Iron Dome short-range rocket defense system carried out during fiscal year 2022, the Secretary of Defense may seek to maintain a workshare agreement for the United States production of systems that are covered, as of the date of the enactment of this Act, under the memorandum of understanding regarding United States and Israeli cooperation on missile defense. (2) Briefing \nThe Secretary of Defense shall provide to the appropriate congressional committees a briefing detailing the terms of any workshare agreements described by paragraph (1). (g) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.", "id": "H1ECEC27826D24DCE9A8CF006DAB4E36D", "header": "Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production" }, { "text": "1670. Update of study on discrimination capabilities of the ballistic missile defense system \n(a) Update \nThe Secretary of Defense shall enter into an arrangement with the private scientific advisory group known as JASON under which JASON shall carry out an update to the study conducted pursuant to section 237 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2236) on the discrimination capabilities and limitations of the missile defense system of the United States, including such discrimination capabilities that exist or are planned as of the date of the update. (b) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study. (c) Form \nThe report under subsection (b) may be submitted in classified form, but shall contain an unclassified summary.", "id": "HDBD746BBD5354C13B108399EC65DD4D4", "header": "Update of study on discrimination capabilities of the ballistic missile defense system" }, { "text": "1671. Semiannual updates on meetings held by the Missile Defense Executive Board \n(a) Semiannual updates \nNot later than March 1 and September 1 of each year, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, acting in their capacities as co-chairs of the Missile Defense Executive Board pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2162), shall provide to the congressional defense committees a semiannual update including, with respect to the six-month period preceding the update— (1) the dates on which the Board met; and (2) except as provided by subsection (b), a summary of any decisions made by the Board at each meeting of the Board and the rationale for and options that informed such decisions. (b) Exception for certain budgetary matters \nThe co-chairs shall not be required to include in a semiannual update under subsection (a) the matters described in paragraph (2) of such subsection with respect to decisions of the Board relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31, United States Code, as of the date of the semiannual update. (c) Form of update \nThe co-chairs may provide a semiannual update under subsection (a) either in the form of a briefing or a written report. (d) Technical amendments \n(1) FY18 NDAA \nSection 1676(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 205 note) is amended by striking chairman and inserting chair. (2) FY19 NDAA \nSection 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2162) is amended— (A) in the matter preceding paragraph (1), by striking chairman and inserting chair ; and (B) in paragraph (2), by striking co-chairman and inserting co-chair.", "id": "HF57ECD60458445C5A07B52B935712DF5", "header": "Semiannual updates on meetings held by the Missile Defense Executive Board" }, { "text": "1672. Matters regarding Integrated Deterrence Review \n(a) Reports \nNot later than 30 days after the date on which the Integrated Deterrence Review that commenced during 2021 is submitted to the congressional defense committees, the Secretary of Defense shall submit to the congressional defense committees the following: (1) Each final report, assessment, and guidance document produced by the Department of Defense pursuant to the Integrated Deterrence Review or during subsequent actions taken to implement the conclusions of the Integrated Deterrence Review, including with respect to each covered review. (2) A report explaining how each such covered review differs from the previous such review. (b) Certifications \nNot later than 30 days after the date on which a covered review is submitted to the congressional defense committees, the Chairman of the Joint Chiefs of Staff, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of the United States Strategic Command shall each directly submit to such committees— (1) a certification regarding whether the Chairman, Vice Chairman, or Commander, as the case may be, had the opportunity to provide input into the covered review; and (2) a description of the degree to which the covered reviews differ from the military advice contained in such input (or, if there was no opportunity to provide such input, would have been contained in the input if so provided). (c) Covered review defined \nIn this section, the term covered review means— (1) the Missile Defense Review that commenced during 2021; and (2) the Nuclear Posture Review that commenced during 2021.", "id": "H59905563BD974612A40B784AE2CA4FDB", "header": "Matters regarding Integrated Deterrence Review" }, { "text": "1673. Semiannual notifications regarding missile defense tests and costs \n(a) Semiannual notifications required \nFor each period described in subsection (b), the Director of the Missile Defense Agency shall submit to the congressional defense committees a notification of all— (1) flight tests (intercept and non-intercept) planned to occur during the period covered by the notification based on the Integrated Master Test Plan the Director used to support the President’s budget submission under section 1105 of title 31, United States Code, for the fiscal year of the period covered; and (2) ground tests planned to occur during such period based on such plan. (b) Periods described \nThe periods described in this subsection are— (1) the first 180-calendar-day period beginning on the date that is 90 days after the date of the enactment of this Act; and (2) each subsequent, sequential 180-calendar-day period beginning thereafter until the date that is five years and 90 calendar days after the date of the enactment of this Act. (c) Timing of notification \nEach notification submitted under subsection (a) for a period described in subsection (b) shall be submitted— (1) not earlier than 30 calendar days before the last day of the period; and (2) not later than the last day of the period. (d) Contents \nEach notification submitted under subsection (a) shall include the following: (1) For the period covered by the notification: (A) With respect to each flight test described in subsection (a)(1), the following: (i) The entity responsible for leading the flight test (such as the Missile Defense Agency, the Army, or the Navy) and the classification level of the flight test. (ii) The planned cost (the most recent flight test cost estimate, including interceptors and targets), the actual costs and expenditures to-date, and an estimate of any remaining costs and expenditures. (iii) All funding (including any appropriated, transferred, or reprogrammed funding) the Agency has received to-date for the flight test. (iv) All changes made to the scope and objectives of the flight test and an explanation for such changes. (v) The status of the flight test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (vi) In the event of a flight test status of conducted-objectives not achieved (failure or no-test), delayed, or canceled— (I) the reasons the flight test did not succeed or occur; (II) in the event of a flight test status of failure or no-test, the plan and cost estimate to retest, if necessary, and any contractor liability, if appropriate; (III) in the event of a flight test delay, the fiscal year and quarter the objectives were first planned to be met, the names of the flight tests the objectives have been moved to, the aggregate duration of the delay to-date, and, if applicable, any risks to the warfighter from the delay; and (IV) in the event of a flight test cancellation, the fiscal year and quarter the objectives were first planned to be met, whether the objectives from the canceled test were met by other means, moved to a different flight test, or removed, a revised spend plan for the remaining funding the agency received for the flight test to-date, and, if applicable, any risks to the warfighter from the cancellation; and (vii) the status of any decisions reached by failure review boards open or completed during the period covered by the notification. (B) With respect to each ground test described in subsection (a)(2), the following: (i) The planned cost (the most recent ground test cost estimate), the actual costs and expenditures to-date, and an estimate of any remaining costs and expenditures. (ii) The designation of the ground test, whether developmental, operational, or both. (iii) All changes made to the scope and objectives of the ground test and an explanation for such changes. (iv) The status of the ground test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (v) In the case of a ground test status of conducted-objectives not achieved (failure or no-test), delayed, or canceled— (I) the reasons the ground test did not succeed or occur; and (II) if applicable, any risks to the warfighter from the ground test not succeeding or occurring; (vi) The participating system and element models used for conducting ground tests and the accreditation status of the participating system and element models. (vii) Identification of any cybersecurity tests conducted or planned to be conducted as part of the ground test. (viii) For each cybersecurity test identified under subparagraph (G), the status of the cybersecurity test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (ix) In the case of a cybersecurity test identified under subparagraph (G) with a status of conducted-objectives, not achieved, delayed, or canceled— (I) the reasons for such status; and (II) any risks, if applicable, to the warfighter from the cybersecurity test not succeeding or occurring. (2) To the degree applicable and known, the matters covered by paragraph (1) but for the period subsequent to the covered period. (e) Events spanning multiple notification periods \nEvents that span from one period described in subsection (b) into another period described in such subsection, such as a the case of a failure review board convening in one period and reaching a decision in the following period, shall be covered by notifications under subsection (a) for both periods. (f) Form \nEach notification submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "H47A2CF9203824752AE2CD8AA4A8791F1", "header": "Semiannual notifications regarding missile defense tests and costs" }, { "text": "1674. Report on senior leadership of Missile Defense Agency \nNot later than 60 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report detailing the following: (1) The responsibilities of the positions of the Director, Sea-based Weapons Systems, and the Deputy Director of the Missile Defense Agency. (2) The role of the officials who occupy these positions with respect to the functional combatant commands with missile defense requirements. (3) The rationale and benefit of having an official in these positions who is a general officer or flag officer versus a civilian.", "id": "H979A422AED68433CBE19D6B77539CE27", "header": "Report on senior leadership of Missile Defense Agency" }, { "text": "1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense \n(a) Independent study and report \n(1) Contract \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with the National Academy of Public Administration (in this section referred to as the Academy ) for the Academy to perform the services covered by this subsection. (2) Study and report \n(A) Roles and responsibilities \nUnder an agreement between the Secretary and the Academy under this subsection, the Academy shall carry out an study regarding the roles and responsibilities of the various components of the Department of Defense as they pertain to missile defense. (B) Matters included \nThe study required by subparagraph (A) shall include the following: (i) A comprehensive assessment and analysis of existing Department component roles and responsibilities for the full range of missile defense activities, including establishment of requirements, research and development, system acquisition, and operations. (ii) Identification of gaps in component capability of each applicability component for performing its assigned missile defense roles and responsibilities. (iii) Identification of opportunities for deconflicting mission sets, eliminating areas of unnecessary duplication, reducing waste, and improving efficiency across the full range of missile defense activities. (iv) Development of a timetable for the implementation of the opportunities identified under clause (iii). (v) Development of recommendations for such legislative or administrative action as the Academy considers appropriate pursuant to carrying out clauses (i) through (iv). (vi) Such other matters as the Secretary may require. (C) Report \n(i) Requirement \nNot later than one year after the date on which the Secretary and the Academy enter into a contract under paragraph (1), the Academy shall submit to the Secretary and the congressional defense committees a report on the study conducted under subparagraph (A). (ii) Elements \nThe report submitted under clause (i) shall include the findings of the Academy with respect to the study carried out under subparagraph (A) and any recommendations the Academy may have for legislative or administrative action pursuant to such study. (3) Alternate contract organization \n(A) Agreement \nIf the Secretary is unable within the time period prescribed in paragraph (1) to enter into an agreement described in such paragraph with the Academy on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization that— (i) is not part of the Government; (ii) operates as a not-for-profit entity; and (iii) has expertise and objectivity comparable to that of the Academy. (B) References \nIf the Secretary enters into an agreement with another organization as described in subparagraph (A), any reference in this subsection to the Academy shall be treated as a reference to the other organization. (b) Report by Secretary of Defense \nNot later than 120 days after the date on which the report is submitted pursuant to subsection (a)(2)(C), the Secretary shall submit to the congressional defense committees a report on the views of the Secretary on the findings and recommendations set forth in the report submitted under such subsection, together with such recommendations as the Secretary may have for changes in the structure, functions, responsibilities, and authorities of the Department.", "id": "H237339316592462B83D38D6671A8C5CD", "header": "Independent study of roles and responsibilities of Department of Defense components relating to missile defense" }, { "text": "1681. Cooperative threat reduction funds \n(a) Funding allocation \nOf the $344,849,000 authorized to be appropriated to the Department of Defense for fiscal year 2022 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act ( 50 U.S.C. 3711 ), the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $2,997,000. (2) For chemical weapons destruction, $13,250,000. (3) For global nuclear security, $17,767,000. (4) For cooperative biological engagement, $229,022,000. (5) For proliferation prevention, $58,754,000. (6) For activities designated as Other Assessments/Administrative Costs, $23,059,000. (b) Specification of cooperative threat reduction funds \nFunds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2022, 2023, and 2024.", "id": "HA6E1FBC0C5944E60ABABFCD177898C4B", "header": "Cooperative threat reduction funds" }, { "text": "1682. Modification to estimate of damages from Federal Communications Commission Order 20–48 \nSection 1664 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting or any subsequent fiscal year after fiscal year 2021 ; and (2) by adding at the end the following new subsections: (d) Distribution of estimate \nAs soon as practicable after submitting an estimate as described in paragraph (1) of subsection (a) and making the certification described in paragraph (2) of such subsection, the Secretary shall make such estimate available to any licensee operating under the Order and Authorization described in such subsection. (e) Authority of Secretary of Defense to seek recovery of costs \nThe Secretary may work directly with any licensee (or any future assignee, successor, or purchaser) affected by the Order and Authorization described in subsection (a) to seek recovery of costs incurred by the Department as a result of the effect of such order and authorization. (f) Reimbursement \n(1) In general \nThe Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the Order and Authorization described in subsection (a) to provide reimbursement to the Department, only to the extent provided in appropriation Acts, for the covered costs and eligible reimbursable costs submitted and certified to the congressional defense committees under such subsection. (2) Use of funds \nThe Secretary shall use any funds received under this subsection, to the extent and in such amounts as are provided in advance in appropriation Acts, for covered costs described in subsection (b) and the range of eligible reimbursable costs identified under subsection (a)(1). (3) Report \nNot later than 90 days after the date on which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on such process..", "id": "HA0AFFF0BBB2C4EDCAB5448581069B598", "header": "Modification to estimate of damages from Federal Communications Commission Order 20–48" }, { "text": "1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena \n(a) Establishment of Office \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall establish an office within a component of the Office of the Secretary of Defense, or within a joint organization of the Department of Defense and the Office of the Director of National Intelligence, to carry out the duties of the Unidentified Aerial Phenomena Task Force, as in effect on the day before the date of enactment of this Act, and such other duties as are required by this section. (b) Duties \nThe duties of the Office established under subsection (a) shall include the following: (1) Developing procedures to synchronize and standardize the collection, reporting, and analysis of incidents, including adverse physiological effects, regarding unidentified aerial phenomena across the Department of Defense and the intelligence community. (2) Developing processes and procedures to ensure that such incidents from each component of the Department and each element of the intelligence community are reported and incorporated in a centralized repository. (3) Establishing procedures to require the timely and consistent reporting of such incidents. (4) Evaluating links between unidentified aerial phenomena and adversarial foreign governments, other foreign governments, or nonstate actors. (5) Evaluating the threat that such incidents present to the United States. (6) Coordinating with other departments and agencies of the Federal Government, as appropriate, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Homeland Security, the National Oceanic and Atmospheric Administration, and the Department of Energy. (7) Coordinating with allies and partners of the United States, as appropriate, to better assess the nature and extent of unidentified aerial phenomena. (8) Preparing reports for Congress, in both classified and unclassified form, including under subsection (i). (c) Response to and field investigations of unidentified aerial phenomena \n(1) Designation \nThe Secretary, in coordination with the Director, shall designate one or more line organizations within the Department of Defense and the intelligence community that possess appropriate expertise, authorities, accesses, data, systems, platforms, and capabilities to rapidly respond to, and conduct field investigations of, incidents involving unidentified aerial phenomena under the direction of the head of the Office established under subsection (a). (2) Ability to respond \nThe Secretary, in coordination with the Director, shall ensure that each line organization designated under paragraph (1) has adequate personnel with the requisite expertise, equipment, transportation, and other resources necessary to respond rapidly to incidents or patterns of observations involving unidentified aerial phenomena of which the Office becomes aware. (d) Scientific, technological, and operational analyses of data on unidentified aerial phenomena \n(1) Designation \nThe Secretary, in coordination with the Director, shall designate one or more line organizations that will be primarily responsible for scientific, technical, and operational analysis of data gathered by field investigations conducted pursuant to subsection (c) and data from other sources, including with respect to the testing of materials, medical studies, and development of theoretical models, to better understand and explain unidentified aerial phenomena. (2) Authority \nThe Secretary and the Director shall each issue such directives as are necessary to ensure that the each line organization designated under paragraph (1) has authority to draw on the special expertise of persons outside the Federal Government with appropriate security clearances. (e) Data; intelligence collection \n(1) Availability of data and reporting on unidentified aerial phenomena \nThe Director and the Secretary shall each, in coordination with one another, ensure that— (A) each element of the intelligence community with data relating to unidentified aerial phenomena makes such data available immediately to the Office established under subsection (a) or to an entity designated by the Secretary and the Director to receive such data; and (B) military and civilian personnel of the Department of Defense or an element of the intelligence community, and contractor personnel of the Department or such an element, have access to procedures by which the personnel shall report incidents or information, including adverse physiological effects, involving or associated with unidentified aerial phenomena directly to the Office or to an entity designated by the Secretary and the Director to receive such information. (2) Intelligence collection and analysis plan \nThe head of the Office established under subsection (a), acting on behalf of the Secretary of Defense and the Director of National Intelligence, shall supervise the development and execution of an intelligence collection and analysis plan to gain as much knowledge as possible regarding the technical and operational characteristics, origins, and intentions of unidentified aerial phenomena, including with respect to the development, acquisition, deployment, and operation of technical collection capabilities necessary to detect, identify, and scientifically characterize unidentified aerial phenomena. (3) Use of resources and capabilities \nIn developing the plan under paragraph (2), the head of the Office established under subsection (a) shall consider and propose, as the head determines appropriate, the use of any resource, capability, asset, or process of the Department and the intelligence community. (f) Science plan \nThe head of the Office established under subsection (a), on behalf of the Secretary and the Director, shall supervise the development and execution of a science plan to develop and test, as practicable, scientific theories to— (1) account for characteristics and performance of unidentified aerial phenomena that exceed the known state of the art in science or technology, including in the areas of propulsion, aerodynamic control, signatures, structures, materials, sensors, countermeasures, weapons, electronics, and power generation; and (2) provide the foundation for potential future investments to replicate any such advanced characteristics and performance. (g) Assignment of priority \nThe Director, in consultation with, and with the recommendation of the Secretary, shall assign an appropriate level of priority within the National Intelligence Priorities Framework to the requirement to understand, characterize, and respond to unidentified aerial phenomena. (h) Annual report \n(1) Requirement \nNot later than October 31, 2022, and annually thereafter until October 31, 2026, the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report on unidentified aerial phenomena. (2) Elements \nEach report under paragraph (1) shall include, with respect to the year covered by the report, the following information: (A) All reported unidentified aerial phenomena-related events that occurred during the one-year period. (B) All reported unidentified aerial phenomena-related events that occurred during a period other than that one-year period but were not included in an earlier report. (C) An analysis of data and intelligence received through each reported unidentified aerial phenomena-related event. (D) An analysis of data relating to unidentified aerial phenomena collected through— (i) geospatial intelligence; (ii) signals intelligence; (iii) human intelligence; and (iv) measurement and signature intelligence. (E) The number of reported incidents of unidentified aerial phenomena over restricted air space of the United States during the one-year period. (F) An analysis of such incidents identified under subparagraph (E). (G) Identification of potential aerospace or other threats posed by unidentified aerial phenomena to the national security of the United States. (H) An assessment of any activity regarding unidentified aerial phenomena that can be attributed to one or more adversarial foreign governments. (I) Identification of any incidents or patterns regarding unidentified aerial phenomena that indicate a potential adversarial foreign government may have achieved a breakthrough aerospace capability. (J) An update on the coordination by the United States with allies and partners on efforts to track, understand, and address unidentified aerial phenomena. (K) An update on any efforts underway on the ability to capture or exploit discovered unidentified aerial phenomena. (L) An assessment of any health-related effects for individuals that have encountered unidentified aerial phenomena. (M) The number of reported incidents, and descriptions thereof, of unidentified aerial phenomena associated with military nuclear assets, including strategic nuclear weapons and nuclear-powered ships and submarines. (N) In consultation with the Administrator for Nuclear Security, the number of reported incidents, and descriptions thereof, of unidentified aerial phenomena associated with facilities or assets associated with the production, transportation, or storage of nuclear weapons or components thereof. (O) In consultation with the Chairman of the Nuclear Regulatory Commission, the number of reported incidents, and descriptions thereof, of unidentified aerial phenomena or drones of unknown origin associated with nuclear power generating stations, nuclear fuel storage sites, or other sites or facilities regulated by the Nuclear Regulatory Commission. (P) The names of the line organizations that have been designated to perform the specific functions under subsections (c) and (d), and the specific functions for which each such line organization has been assigned primary responsibility. (3) Form \nEach report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (i) Semiannual briefings \n(1) Requirement \nNot later than 90 days after the date of the enactment of this Act and not less frequently than semiannually thereafter until December 31, 2026, the head of the Office established under subsection (a) shall provide to the congressional committees specified in subparagraphs (A), (B), and (D) of subsection (l)(1) classified briefings on unidentified aerial phenomena. (2) First briefing \nThe first briefing provided under paragraph (1) shall include all incidents involving unidentified aerial phenomena that were reported to the Unidentified Aerial Phenomena Task Force or to the Office established under subsection (a) after June 24, 2021, regardless of the date of occurrence of the incident. (3) Subsequent briefings \nEach briefing provided subsequent to the first briefing described in paragraph (2) shall include, at a minimum, all events relating to unidentified aerial phenomena that occurred during the previous 180 days, and events relating to unidentified aerial phenomena that were not included in an earlier briefing. (4) Instances in which data was not shared \nFor each briefing period, the head of the Office established under subsection (a) shall jointly provide to the chairman and the ranking minority member or vice chairman of the congressional committees specified in subparagraphs (A) and (D) of subsection (k)(1) an enumeration of any instances in which data relating to unidentified aerial phenomena was not provided to the Office because of classification restrictions on that data or for any other reason. (j) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out the work of the Office established under subsection (a), including with respect to— (1) general intelligence gathering and intelligence analysis; and (2) strategic defense, space defense, defense of controlled air space, defense of ground, air, or naval assets, and related purposes. (k) Task force termination \nNot later than the date on which the Secretary establishes the Office under subsection (a), the Secretary shall terminate the Unidentified Aerial Phenomenon Task Force. (l) Definitions \nIn this section: (1) The term appropriate congressional committees means the following: (A) The Committees on Armed Services of the House of Representatives and the Senate. (B) The Committees on Appropriations of the House of Representatives and the Senate. (C) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (D) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (3) The term line organization means, with respect to a department or agency of the Federal Government, an organization that executes programs and activities to directly advance the core functions and missions of the department or agency to which the organization is subordinate, but, with respect to the Department of Defense, does not include a component of the Office of the Secretary of Defense. (4) The term transmedium objects or devices means objects or devices that are observed to transition between space and the atmosphere, or between the atmosphere and bodies of water, that are not immediately identifiable. (5) The term unidentified aerial phenomena means— (A) airborne objects that are not immediately identifiable; (B) transmedium objects or devices; and (C) submerged objects or devices that are not immediately identifiable and that display behavior or performance characteristics suggesting that the objects or devices may be related to the objects or devices described in subparagraph (A) or (B).", "id": "H782D6CB9F2A840E9901933F70127E698", "header": "Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena" }, { "text": "1684. Determination on certain activities with unusually hazardous risks \n(a) Report required \nFor fiscal years 2022 and 2023, the Secretary concerned shall prepare a report for each indemnification request made by a covered contractor with respect to a contract. Such report shall include the following elements: (1) A determination of whether the performance of the contract includes an unusually hazardous risk (as defined in this section). (2) An estimate of the maximum probable loss for claims or losses arising out of the contract. (3) Consideration of requiring the covered contractor to obtain liability insurance to compensate for claims or losses to the extent such insurance is available under commercially reasonable terms and pricing, including any limits, sub-limits, exclusions and other coverage restrictions. (4) Consideration of not requiring a covered contractor to obtain liability insurance in amounts greater than amounts available under commercially reasonable terms and pricing or the maximum probable loss, whichever is less. (b) Submission to Congress \nNot later than 90 days after the date on which the Secretary concerned receives an indemnification request by a covered contractor during the period beginning on the date of the enactment of this Act and ending on September 30, 2023, the Secretary concerned shall submit to the congressional defense committees the report required under subsection (a). (c) Review \n(1) Requirement \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the implementation by the Department of Defense of section 2354 of title 10, United States Code, and Executive Order 10789, as amended, pursuant to Public Law 85–804 ( 50 U.S.C. 1431 et seq. ) with regard to indemnifying a contractor for the performance of a contract that includes unusually hazardous risk. (2) Matters included \nThe review required under paragraph (1) shall include the following: (A) A determination of the extent to which each Secretary concerned is implementing such section 2354 and such Executive Order 10789 consistently. (B) Identification of discrepancies and potential remedies in the military departments with respect to such implementation. (3) Briefing \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the findings of the review under paragraph (1). (d) Definitions \nIn this section: (1) The term covered contractor means a current or prospective prime contractor of the Department of Defense. (2) The term military department has the meaning given in section 101 of title 10, United States Code. (3) The term indemnification request means a request for indemnification made by a covered contractor under section 2354 of title 10, United States Code, or Executive Order 10789, as amended, pursuant to public Law 85–804 ( 50 U.S.C. 1431 et seq. ) that includes sufficient supporting justification to support a determination as required under those provisions. (4) The term Secretary concerned means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy; and (C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force. (5) The term unusually hazardous risk means risk of burning, explosion, detonation, flight or surface impact, or toxic or hazardous material release associated with one or more of the following products or programs: (A) Products or programs relating to any hypersonic weapon system, including boost glide vehicles and air-breathing propulsion systems. (B) Products or programs relating to rocket propulsion systems, including, at a minimum, with respect to rockets, missiles, launch vehicles, rocket engines or motors or hypersonic weapons systems using either a solid or liquid high energy propellant inclusive of any warhead, if any, in excess of 1000 pounds of the chemical equivalent of TNT. (C) Products or programs relating to the introduction, fielding or incorporating of any item containing high energy propellants, inclusive of any warhead, if any, in excess of 1000 pounds of the chemical equivalent of TNT into any ship, vessel, submarine, aircraft, or spacecraft. (D) Products or programs relating to a classified program where insurance is not available due to the prohibition of disclosure of classified information to commercial insurance providers, and without such disclosure access to insurance is not possible. (E) Any other product or program for which the contract under which the product or program is carried out includes a risk that the contract defines as unusually hazardous.", "id": "H05DE8CBCC5D64A7B94C2933BE8F5D054", "header": "Determination on certain activities with unusually hazardous risks" }, { "text": "1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands \n(a) Study \nThe Public Interest Declassification Board established by section 703 of the Public Interest Declassification Act of 2000 ( 50 U.S.C. 3355a ) shall conduct a study on the feasibility of carrying out a declassification review relating to nuclear weapons, chemical weapons, or ballistic missile tests conducted by the United States in the Marshall Islands, including with respect to cleanup activities and the storage of waste relating to such tests. (b) Report \nNot later than 90 days after the date of the enactment of this Act, the Board shall submit to the Secretary of Defense, the Secretary of Energy, and the congressional defense committees a report containing the findings of the study conducted under subsection (a). The report shall include the following: (1) The feasibility of carrying out the declassification review described in such subsection. (2) The resources required to carry out the declassification review. (3) A timeline to complete such the declassification review. (4) Any other issues the Board determines relevant. (c) Comments \nThe Secretary of Defense and the Secretary of Energy may submit to the congressional defense committees any comments the respective Secretary determines relevant with respect to the report submitted under subsection (b). (d) Assistance \nThe Secretary of Defense and Secretary of Energy shall each provide to the Board such assistance as the Board requests in conducting the study under subsection (a).", "id": "H3C20436AFB9C4E9D97D8412C67DD04D2", "header": "Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands" }, { "text": "1686. Protection of Major Range and Test Facility Base \nThe Secretary of Defense may authorize, consistent with the authorities of the Secretary, such actions as are necessary to mitigate threats posed by space-based assets to the security or operation of the Major Range and Test Facility Base (as defined in section 196(i) of title 10, United States Code).", "id": "H018E7B5316F64CB7B6B4456EC9D5FD9F", "header": "Protection of Major Range and Test Facility Base" }, { "text": "1687. Congressional Commission on the Strategic Posture of the United States \n(a) Establishment \nThere is established in the legislative branch a commission to be known as the Congressional Commission on the Strategic Posture of the United States (in this section referred to as the Commission ). The purpose of the Commission is to examine and make recommendations to the President and Congress with respect to the long-term strategic posture of the United States. (b) Composition \n(1) Membership \nThe Commission shall be composed of 12 members appointed as follows: (A) One by the Speaker of the House of Representatives. (B) One by the minority leader of the House of Representatives. (C) One by the majority leader of the Senate. (D) One by the minority leader of the Senate. (E) Two by the chairperson of the Committee on Armed Services of the House of Representatives. (F) Two by the ranking minority member of the Committee on Armed Services of the House of Representatives. (G) Two by the chairperson of the Committee on Armed Services of the Senate. (H) Two by the ranking minority member of the Committee on Armed Services of the Senate. (2) Qualifications \n(A) In general \nThe members appointed under paragraph (1) shall be from among individuals who— (i) are United States citizens; (ii) are not officers or employees of the Federal Government or any State or local government; and (iii) have received national recognition and have significant depth of experience in such professions as governmental service, law enforcement, the Armed Forces, law, public administration, intelligence gathering, commerce (including aviation matters), or foreign affairs. (B) Political party affiliation \nNot more than six members of the Commission may be appointed from the same political party. (3) Deadline for appointment \n(A) In general \nAll members of the Commission shall be appointed under paragraph (1) not later than 45 days after the date of the enactment of this Act. (B) Effect of lack of appointments by appointment date \nIf one or more appointments under paragraph (1) is not made by the date specified in subparagraph (A)— (i) the authority to make such appointment or appointments shall expire; and (ii) the number of members of the Commission shall be reduced by the number of appointments not made by that date. (4) Chairperson; vice chairperson \n(A) Chairperson \nThe chairpersons of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as chairperson of the Commission. (B) Vice chairperson \nThe ranking minority members of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as vice chairperson of the Commission. (5) Activation \n(A) In general \nThe Commission— (i) may begin operations under this section on the date on which not less than 2/3 of the members of the Commission have been appointed under paragraph (1); and (ii) shall meet and begin the operations of the Commission as soon as practicable after the date described in clause (i). (B) Subsequent meetings \nAfter its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. (6) Quorum \nEight members of the Commission shall constitute a quorum. (7) Period of appointment; vacancies \nMembers of the Commission shall be appointed for the life of the Commission. A vacancy in the Commission does not affect the powers of the Commission and shall (except as provided by paragraph (3)(B)) be filled in the same manner in which the original appointment was made. (8) Removal of members \n(A) In general \nA member of the Commission may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of the member under paragraph (1), provided that notice is first provided to that official of the cause for removal, and removal is voted and agreed upon by 3/4 of the members of the Commission. (B) Vacancies \nA vacancy created by the removal of a member of the Commission under subparagraph (A) does not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (c) Duties \n(1) Review \nThe Commission shall conduct a review of the strategic posture of the United States, including a strategic threat assessment and a detailed review of nuclear weapons policy, strategy, and force structure and factors affecting the strategic stability of near-peer competitors of the United States. (2) Assessment and recommendations \n(A) Assessment \nThe Commission shall assess— (i) the benefits and risks associated with the current strategic posture and nuclear weapons policies of the United States; (ii) factors affecting strategic stability that relate to the strategic posture; and (iii) lessons learned from the findings and conclusions of the Congressional Commission on the Strategic Posture of the United States established by section 1062 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 319) and other previous commissions and previous Nuclear Posture Reviews. (B) Recommendations \nThe Commission shall make recommendations with respect to— (i) the most appropriate strategic posture; (ii) the extent to which capabilities other than nuclear weapons can contribute to or detract from strategic stability; and (iii) the most effective nuclear weapons strategy for strategic posture and stability. (d) Report and briefing required \n(1) In general \nNot later than December 31, 2022, the Commission shall submit to the President and the Committees on Armed Services of the Senate and the House of Representatives a report on the Commission’s findings, conclusions, and recommendations. (2) Elements \nThe report required by paragraph (1) shall include— (A) the recommendations required by subsection (c)(2)(B); (B) a description of the military capabilities and force structure necessary to support the nuclear weapons strategy recommended under that subsection, including nuclear, nonnuclear kinetic, and nonkinetic capabilities that might support the strategy, and other factors that might affect strategic stability; (C) a description of the nuclear infrastructure (that is, the size of the nuclear complex) required to support the strategy and the appropriate organizational structure for the nuclear security enterprise; (D) an assessment of the role of missile defenses in the strategy; (E) an assessment of the role of cyber defense capabilities in the strategy; (F) an assessment of the role of space systems in the strategy; (G) an assessment of the role of nonproliferation programs in the strategy; (H) an assessment of the role of nuclear arms control in the strategy; (I) an assessment of the political and military implications of the strategy for the United States and its allies; and (J) any other information or recommendations relating to the strategy (or to the strategic posture) that the Commission considers appropriate. (3) Interim briefing \nNot later than 180 days after the deadline for appointment of members of the Commission specified in subsection (b)(3)(A), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the review, assessments, and recommendations required by subsection (c), including a discussion of any interim recommendations. (e) Information from Federal agencies \n(1) In general \nThe Commission may secure directly from the Department of Defense, the National Nuclear Security Administration, the Department of State, or the Office of the Director of National Intelligence information, suggestions, estimates, and statistics for the purposes of this section. Each of such agency shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon receiving a request made by— (A) the chairperson of the Commission; (B) the chairperson of any subcommittee of the Commission created by a majority of members of the Commission; or (C) any member of the Commission designated by a majority of the Commission for purposes of making requests under this paragraph. (2) Receipt, handling, storage, and dissemination \nInformation, suggestions, estimates, and statistics provided to the Commission under paragraph (1) may be received, handled, stored, and disseminated only by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (f) Assistance from Federal agencies \nIn addition to information, suggestions, estimates, and statistics provided under subsection (e), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as those departments and agencies may determine advisable and as may be authorized by law. (g) Compensation and travel expenses \n(1) Status as Federal employees \nNotwithstanding the requirements of section 2105 of title 5, United States Code, including the requirements relating to supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees. (2) Compensation \nEach member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (3) Travel expenses \nWhile away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (h) Staff \n(1) Executive director \nThe Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (2) Pay \nThe Executive Director appointed under paragraph (1) may, with the approval of the Commission, appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (i) Personal services \n(1) Authority to procure \nThe Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates \nThe daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (j) Contracting authority \nThe Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (k) Authority to accept gifts \n(1) In general \nThe Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority under this paragraph does not extend to gifts of money. (2) Documentation; conflicts of interest \nThe Commission shall document gifts accepted under the authority provided by paragraph (1) and shall avoid conflicts of interest or the appearance of conflicts of interest. (3) Compliance with congressional ethics rules \nExcept as specifically provided in this section, a member of the Commission shall comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and the House of Representatives, respectively. (l) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (m) Commission support \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to provide appropriate staff and administrative support for the activities of the Commission. (n) Expedition of security clearances \nThe Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the Commission by offices of the Senate and the House of Representatives, respectively, under processes developed for the clearance of legislative branch employees. (o) Legislative advisory committee \nThe Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act ). (p) Funding \nOf the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $7,000,000 shall be made available to the Commission to carry out its duties under this section. Funds made available to the Commission under the preceding sentence shall remain available until expended. (q) Termination \n(1) In general \nThe Commission, and all authorities under this section, shall terminate on the date that is 90 days after the Commission submits the final report required by subsection (d). (2) Administrative actions before termination \nThe Commission may use the 90-day period described in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress with respect to and disseminating the report required by subsection (d).", "id": "HCECD12BBBFFF40E79200B33DE7FFC76F", "header": "Congressional Commission on the Strategic Posture of the United States" }, { "text": "1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA \n(a) Definitions; effective date; applicability \n(1) Definitions \nIn this section, the terms FY2021 NDAA and such Act mean the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) Amendments to apply pre-transfer of defense acquisition statutes \nThe amendments made by subsections (b), (i), and (j) through (v) shall apply as if included in the enactment of title XVIII of the FY2021 NDAA as enacted. (3) Amendments to take effect post-transfer of defense acquisition statutes \nThe amendments made by subsections (c) through (h) and (w) shall take effect immediately after the amendments made by title XVIII of the FY2021 NDAA have taken effect. Sections 1883 through 1885 of the FY2021 NDAA shall apply with respect to the transfers, redesignations, and amendments made under such subsections as if such transfers, redesignations, and amendments were made under title XVIII of the FY2021 NDAA. (4) Reorganization regulation update notice \nSection 1801(d)(3)(B)(i) of FY2021 NDAA is amended by inserting and provides public notice that such authorities have been revised and modified pursuant to such paragraph after paragraph (2). (5) Savings provision relating to transfer and reorganization of defense acquisition statutes \nIf this Act is enacted after December 31, 2021, notwithstanding section 1801(d)(1) of the FY2021 NDAA, the amendments made by title XVIII of the FY2021 NDAA shall take effect immediately after the enactment of this Act. (b) Technical corrections to title XVIII of FY2021 NDAA \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Section 1806(a) is amended in paragraph (4) by striking Transfer and all that follows through and amended and inserting the following: Restatement of section 2545(1).— Section 3001 of such title, as added by paragraph (1), is further amended by inserting after subsection (b), as transferred and redesignated by paragraph (3), a new subsection (c) having the text of paragraph (1) of section 2545 of such title, as in effect on the day before the date of the enactment of this Act, revised. (2) Section 1807 is amended— (A) in subsection (b)(1), by striking new sections and inserting new section ; (B) in subsection (c)(3)(A)— (i) by striking the semicolon and close quotation marks at the end of clause (i) and inserting close quotation marks and a semicolon; and (ii) by striking by any in the matter to be inserted by clause (ii); and (C) in subsection (e)— (i) by striking of this title in the matter to be inserted by paragraph (2)(B); and (ii) by striking Sections in the quoted matter before the period at the end of paragraph (3) and inserting For purposes of. (3) Section 1809(e) is amended by striking subparagraph (B) of paragraph (2) (including the amendment made by that subparagraph). (4) Section 1811 is amended— (A) in subsection (c)(2)— (i) in subparagraph (B), by striking the comma before the close quotation marks in both the matter to be stricken and the matter to be inserted; and (ii) in subparagraph (D), by inserting a comma after 3901 in the matter to be inserted; (B) in subsection (d)(3)(B)— (i) by striking the dash after mobilization in the matter to be inserted by clause (ii) and inserting a semicolon; and (ii) by striking the dash after center in the matter to be inserted by clause (iv) and inserting ; or ; (C) in subsection (d)(4)(D), by striking this in the matter to be stricken by clause (ii) and inserting This ; (D) in subsection (d)(5)(A), by striking inserting and all that follows through ; and and inserting inserting Offer requests to potential sources.— before The head of an agency ; and ; (E) in subsection (d)(6)(A), in the matter to be inserted— (i) by striking the close quotation marks after Procedures.— ; and (ii) by striking the comma after (7) ; and (F) in subparagraphs (C)(ii) and (E)(ii) of subsection (e)(3), by striking and (ii) each place it appears and inserting and (iii). (5) Section 1813 is amended in subsection (c)(1)(D) by inserting and inserting after the first close quotation marks. (6) Section 1816(c) is amended— (A) in paragraph (5)— (i) in subparagraph (C)— (I) by striking the second sentence and inserting the second and third sentences ; and (II) by striking subsection (d) and inserting subsections (d) and (e), respectively ; and (ii) by striking subparagraph (G) and inserting the following: (G) in subsection (d), as so designated, by inserting Notice of award.— before The head of ; and (H) in subsection (e), as so designated, by striking This subparagraph does not and inserting Exception for perishable subsistence items.— Subsections (c) and (d) do not. ; and (B) in paragraph (7)(J)(ii), in the matter to be inserted, by inserting under before this section. (7) Section 1818 is amended by striking the close quotation marks and second period at the end of subsection (b). (8) Section 1820 is amended— (A) in subsection (a), in the matter to be inserted, by striking the item relating to section 3404 and inserting the following new item: 3404. Reserved. ; (B) in subsection (c)(3)(A), by striking section in the matter to be stricken; and (C) in subsection (d)(4)(B), by inserting section before 3403(b) in the matter to be inserted. (9) Section 1821 is amended in subsection (b)(5) by striking subsection (b)(2)(B)(i) and inserting subsection (c)(2)(B)(i). (10) Section 1831 is amended— (A) in subsection (b), by striking redesignated as subsection (a), and and inserting amended by striking the subsection designation and subsection heading, and further ; (B) in subsection (c)(2)(A), in the matter to be stricken, by striking the and inserting The ; (C) in subsection (c)(2)(D)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; (D) in subsection (c)(2)(E)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; and (iii) by inserting and after the semicolon at the end; (E) in subsection (c)(2)(F)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; and (iii) by striking the semicolon at the end and inserting a period; (F) in subsection (c)(4)(A), by striking the matter proposed to be inserted and inserting Certification.— ; (G) in subsection (c)(8)— (i) by striking subparagraph (C); and (ii) in subparagraph (B), by adding and at the end; (H) in subsection (h), by striking such section 3706 in paragraphs (2) and (3) and inserting such section 3707 ; and (I) in subsection (j)— (i) in paragraph (3), in the matter to be inserted, by striking 3701–3708 and inserting 3701 through 3708 ; and (ii) by striking paragraphs (4) and (5). (11) Section 1832(i)(7)(F)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vi) in subparagraph (B) (as so redesignated), by striking paragraph (1) and inserting subsection (b).. (12) Section 1833 is amended— (A) in subsection (n), in the section heading for section 3791, by striking department of defense and inserting Department of Defense ; and (B) in subsection (o)(2), by striking Section and as section and inserting Sections and as sections , respectively. (13) Section 1834(h)(2) is amended by striking section 3801(1) in the matter to be inserted and inserting section 3801(a). (14) Section 1845(c)(2) is amended by striking section in the matter to be stricken and inserting sections. (15) Section 1846 is amended— (A) in subsection (f)(6)(A), in the matter to be inserted, by inserting a period after Oversight ; (B) in subsection (i)(3), by striking Section 1706(c)(1) and inserting Section 1706(a) ; and (C) by adding at the end the following: (j) Further cross-reference amendment \nSection 1706(a) of title 10, United States Code, is further amended by striking section 2430(a)(1)(B) and inserting section 4201(a)(2).. (16) Section 1847 is amended— (A) in the table of subchapters to be inserted by subsection (a), by striking the item relating to the second subchapter III (relating to contractors) and inserting the following: V. Contractors 4291 ; and (B) in subsection (e)(3)(A), by inserting section before 4376(a)(1) in the matter to be inserted. (17) Section 1848(d) is amended by striking paragraph (2). (18) Section 1850(e)(2) is amended by inserting transferred and before redesignated. (19) Section 1856 is amended— (A) in subection (f)(5)(A), in the matter to be inserted, by striking the comma at the end; and (B) in subsection (h), by striking subsection (d) and inserting subsection (g). (20) Section 1862(c)(2) is amended by striking section 4657 and inserting section 4658. (21) Section 1866 is amended— (A) in subsection (c)— (i) in paragraph (1), by inserting and at the end; (ii) in paragraph (2), by striking ; and at the end and inserting a period; and (iii) by striking paragraph (3) (including the amendment made by that paragraph); and (B) in subsection (d), by striking 4817 in the matter to be inserted by paragraph (4)(A)(ii) and inserting 4818. (22) Section 1867(d) is amended— (A) in paragraph (3), by striking Section 4814 and inserting Section 4814(a) ; (B) by amending paragraph (5) to read as follows: (5) Section 4818 is amended in subsection (a)— (A) by striking of this chapter and inserting of chapters 381 through 385 and chapter 389 ; and (B) by striking under this chapter and inserting under such chapters. ; and (C) by adding at the end the following new paragraph: (7) Section 4817(d)(1) is amended by striking this chapter and inserting chapters 381 through 385 and chapter 389.. (23) Section 1870(c)(3) is amended— (A) by inserting after subparagraph (A) the following new subparagraph: (B) in each of paragraphs (4) and (5) of subsection (d), by striking section 2500(1) and inserting section 4801(1) ; ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (C) in subparagraph (D) (as so redeisgnated), by striking of the first subsection (k) (relating to Limitation on certain procurements application process ), and inserting of subsection (j),. (24) Section 1872(a) is amended in each of paragraphs (5) through (11) by striking chapter 385 of such title, as amended and inserting chapter 388 of such title, as added. (c) Conforming amendments to provisions of title 10, United States Code, that are transferred and redesignated by title XVIII of the FY2021 NDAA \nTitle 10, United States Code, as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows: (1) Section 3221 of title 10, United States Code, as added by subsection (a) and amended by subsection (b) of section 1812 of such Act, is amended in subsection (c) by striking under this section and inserting under this chapter. (2) Section 3223 of such title, as added by subsection (a) and amended by subsection (d) of section 1812 of such Act, is amended by striking under this section in paragraph (2) and inserting under this chapter. (3) Section 3702 of such title, as added and amended by section 1831 of such Act, is amended— (A) in subsection (a)(3) by striking under this section in the matter preceding subparagraph (A) and inserting under this chapter ; and (B) in subsection (d), by striking this section and inserting this chapter. (4) Section 4375 of such title, as added by subsection (a) and amended by subsection (i) of section 1850 of such Act, is amended in subsection (d)(7)— (A) by striking under the program (i) expressed as and inserting under the program— (A) expressed as ; and (B) by striking or subprogram, and (ii) expressed as and inserting “or subprogram; and (B) expressed as. (d) Cross-reference amendments within transferred sections \nTitle 10, United States Code, as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows: (1) Section 3131 of title 10, United States Code, as transferred and redesignated by section 1809(b) of such Act, is amended in subsection (b)(1) by striking section 2353 and inserting section 4141. (2) Section 3137 of such title, as transferred and redesignated by section 1809(h)(1) of such Act, is amended in subsection (b)(2) by striking section 2330a and inserting section 4505. (3) Section 3203 of such title, as added by paragraph (1) and amended by paragraph (2) of section 1811(d)(2) of such Act, is amended in subsection (c) by striking paragraphs (1) and (2) and inserting subsections (a)(1) and (b). (4) Section 3206 of such title, as added by paragraph (1) and amended by paragraphs (2) and (3) of section 1811(e)(2) of such Act, is amended in subsection (a)(3) by striking subparagraphs (A) and (B) in the matter preceding subparagraph (A) and inserting paragraphs (1) and (2). (5) Section 3221 of such title, as added by subsection (a) and amended by subsection (b) of section 1812 of such Act, is amended in subsection (b)(2) by striking chapter 144 before of this title and inserting chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328. (6) Section 3862 of such title, as transferred and redesignated by section 1836(b) of such Act, is amended in subsection (b) by striking section 2303(a) and inserting section 3063. (7) Section 4008 of such title, as transferred and redesignated by section 1841(c) of such Act, is amended by striking section 2303(a) in subsections (a) and (d) and inserting section 3063. (8) Section 4061 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended in subsection (b)(5) by striking section 2302e and inserting section 4004. (9) Section 4062 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended— (A) in subsection (c)(4)(A)— (i) in clause (i), by striking section 2433(d) and inserting section 4374 ; and (ii) in clause (ii), by striking section 2433(e)(2)(A) and inserting section 4375(b) ; (B) in subsection (j), by striking chapter 137 and inserting sections 3201 through 3205 ; and (C) in subsection (k)(2), by striking (as defined in section 2302(5) of this title). (10) Section 4171 of such title, as transferred and redesignated by section 1845(b) of such Act, is amended in subsection (a)(2)— (A) in subparagraph (A), by striking within the meaning and all that follows through this title ; and (B) in subparagraph (B), by striking under and all that follows through this title and inserting under section 4203(a)(1) of this title. (11) Section 4324 of such title, as amended by section 802(a) and transferred and redesignated by section 1848(d)(1) of such Act, is amended in subsection (d)— (A) in paragraph (5), by striking section 2430 in subparagraph (A) and section 2430(a)(1)(B) in subparagraph (B) and inserting section 4201 and section 4201(a)(2) of this title , respectively; (B) in paragraph (6), by striking section 2366(e)(7) and inserting section 4172(e)(7) ; and (C) in paragraph (7), by striking section 2431a(e)(5) and inserting section 4211(e)(3). (12) Section 4375 of such title, as added by subsection (a) and amended by subsection (h) section 1850), is amended in subsection (c)(2)— (A) in subparagraph (A), by striking or (b)(2) ; and (B) in subparagraph (B)— (i) by striking or (b)(2) ; and (ii) by striking subsection (b)(1) and inserting section 4376. (13) Section 4505 of such title, as transferred and redesignated by section 1856(g) of such Act, is amended by striking section 2383(b)(3) in subsection (h)(2) and inserting section 4508(b)(3). (14) Section 4660 of such title, as transferred and redesignated by section 1862(b) of such Act, is amended by striking section 2324 in subsection (c)(2) and inserting subchapter I of chapter 273. (15) Section 4814 of such title, as transferred and redesignated by section 1867(b) of such Act, is amended by striking subchapter V of chapter 148 in paragraph (5) of subsection (a), as added by section 842(a)(2) of such Act, and inserting chapter 385. (16) Section 4819 of such title, as transferred and redesignated by section 1867(b) of such Act and amended by section 843 of such Act, is amended in subsection (b)(2)— (A) in subparagraph (C)(xi), by striking section 2339a and inserting section 3252 ; and (B) in subparagraph (E)— (i) in clause (i), by striking (as defined in section 2500(1) of this title) ; (ii) in clause (ii), by striking section 2533a and inserting section 4862 ; and (iii) in clause (v), by striking section 2521 and inserting sections 4841 and 4842. (17) Section 4862 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended by striking section 2304(c)(2) in subsection (d)(4) and inserting section 3204(a)(2). (18) Section 4863 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended— (A) in subsection (c)(2), by striking section 2304(c)(2) and inserting section 3204(a)(2) ; and (B) in subsection (f), by striking section 2304(g) and inserting section 3205. (19) Section 4981 of such title, as transferred by subsection (b) and redesignated by subsection (c) of section 1873 of such Act, is amended by striking section 2501(a) in subsection (a) and inserting section 4811(a). (e) Disposition of new title 10 acquisition provisions added by the FY2021 NDAA \n(1) Transfer of new section 2339c \n(A) Transfer \nSection 2339c of title 10, United States Code, as added by section 803 of the FY2021 NDAA, is transferred to chapter 873 of such title, inserted after section 8754, and redesignated as section 8755, and amended in subsection (d)(3) by striking section 2430 and inserting section 4201. (B) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 8755. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts.. (2) Transfer of new section 2533d \n(A) Transfer \nSection 2533d of title 10, United States Code, as added by section 841(a) of the FY2021 NDAA, is transferred to chapter 385 of such title, inserted after section 4872 of subchapter III of such chapter, redesignated as section 4873, and amended in subsection (a)(2) by striking section 2338 and inserting section 3573. (B) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4872 the following new item: 4873. Additional requirements pertaining to printed circuit boards.. (3) Transfer of new section 2358c \n(A) Transfer \nSection 2358c of title 10, United States Code, as added by section 1115(a) of the FY2021 NDAA, is transferred to subchapter II of chapter 303 of such title, as added by section 1842(a) of the FY2021 NDAA, inserted after section 4093, as transferred and redesignated by section 1843(a) (as amended by this section), and redesignated as section 4094. (B) Clerical amendments \nThe table of sections at the beginning of such chapter, as added by section 1842(a) of the FY2021 NDAA (as amended by this section), is amended by inserting after the item relating to section 4093 the following new item: 4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories.. (4) Transfer of new section 2374b \n(A) Transfer \nSection 2374b of title 10, United States Code, as added by section 212(a)(1) of the FY2021 NDAA, is transferred to subchapter II of chapter 301 of such title, added at the end of such subchapter, and redesignated as section 4027. (B) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4027. Disclosure requirements for recipients of research and development funds.. (f) Amendments to tables of sections \nTitle 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 136 is amended by striking the item relating to section 2283. (2) The table of sections at the beginning of chapter 165 is amended by striking the item relating to section 2784. (3) The table of sections at the beginning of chapter 203, as added by section 1807(a) of the FY2021 NDAA, is amended in the item relating to section 3064 by inserting of after Applicability. (4) The table of sections at the beginning of chapter 223, as added by section 1813(a) of such Act, is amended by striking the item relating to section 3248 and inserting the following new item: 3248. Reserved.. (5) The table of sections at the beginning of subchapter II of chapter 273, as added by section 1832(j) of such Act, is amended by striking the items relating to sections 3764 and 3765. (6) The table of sections at the beginning of subchapter III of chapter 275, as added by section 1833(n) of such Act, is amended by striking the item relating to section 3792 and inserting the following new item: 3792. Reserved.. (7) The table of sections at the beginning of subchapter I of chapter 322, as added by section 1847(a), is amended by striking the item relating to section 4212 and inserting the following new item: 4212. Risk management and mitigation in major defense acquisition programs and major systems.. (8) The table of sections at the beginning of subchapter II of chapter 322, as added by section 1847(a), is amended by striking the item relating to section 4232 and inserting the following new item: 4232. Prohibition on use of lowest price technically acceptable source selection process.. (9) The table of sections at the beginning of chapter 323, as added by section 1848(a), is amended by striking the item relating to section 4324 and inserting the following new item: 4324. Life-cycle management and product support.. (10) The table of sections at the beginning of chapter 382, as added by section 1867(a) of such Act, is amended by striking the item relating to section 4814 and inserting the following new item: 4814. National technology and industrial base: annual report and quarterly briefings.. (g) Amendments to tables of chapters \nThe tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended— (1) in the items for chapters 203, 205, and 207, by striking the section number at the end of each item and inserting 3061 , 3101 , and 3131 , respectively; (2) by striking the item for chapter 247 and inserting the following: 247. Procurement of Commercial Products and Commercial Services 3451 ; (3) in the item for chapter 251, by striking the section number at the end and inserting 3571 ; (4) by striking the item for chapter 257 and inserting the following: 257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat Vehicles 3671 258. Other Types of Contracts Used for Procurements for Particular Purposes 3681 ; and (5) by striking the last word in the item for the heading for subpart D and inserting Provisions. (h) Amendments to headings \nSubtitle A of title 10, United States Code, is amended as follows: (1) The heading of subpart D of part V is amended to read as follows: D General Contracting Provisions \n. (2) The heading of subchapter II of chapter 273, as added by section 1832(j) of the FY2021 NDAA, is amended to read as follows: II Other Allowable Cost Provisions \n. (i) Amendments to delete headings from sections specified as Reserved \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Chapter 201 \nThe matter inserted by section 1806(a)(1) is amended— (A) in each of the items relating to sections 3003 and 3005 in the table of sections at the beginning of subchapter I, by striking the text after the section designation and inserting Reserved. ; (B) by striking section 3003 and inserting the following: 3003. Reserved \n; and (C) by striking section 3005 and inserting the following: 3005. Reserved \n. (2) Chapter 209 \n(A) In the table of contents for chapter 209 inserted by section 1810(a), by striking the text after the subchapter II designation and inserting Reserved. (B) Section 1810(d) is amended to read as follows: (d) Additional subchapter \nChapter 209 of title 10, United States Code, is amended by adding at the end the following new subchapter: II Reserved \nSec. 3171. Reserved. 3172. Reserved. 3171. Reserved \n3172. Reserved \n.. (3) Chapter 225 \nThe matter inserted by section 1813(h) is amended by striking the text after the chapter designation and inserting Reserved. (4) Chapter 242 \nThe matter inserted by section 1817(a) is amended— (A) in the item relating to section 3324 in the table of sections, by striking the text after the section designation and inserting Reserved. ; and (B) by striking section 3324 and inserting the following: 3324. Reserved \n. (5) Chapter 253 \n(A) The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the text after the chapter designation for chapter 253 in each place and inserting Reserved. (B) Section 1824 is amended— (i) in the matter inserted by subsection (a), by striking the text after the chapter designation and inserting Reserved ; and (ii) in the matter inserted by subsection (b), by striking the text after the chapter designation and inserting Reserved. (6) Chapter 272 \nThe matter inserted by section 1831(k) is amended— (A) by striking the text after the chapter designation and inserting Reserved ; and (B) by striking all after the chapter heading and inserting the following: Sec. 3721. Reserved. 3722. Reserved. 3723. Reserved. 3724. Reserved. 3721. Reserved \n3722. Reserved \n3723. Reserved \n3724. Reserved \n. (7) Chapter 279 \n(A) The matter inserted by section 1835(a) is amended in the table of sections by striking the text after the section designation in each of the items relating to sections 3843, 3844, and 3846 and inserting Reserved.. (B) Section 1835(e) is amended— (i) by striking the matter inserted by paragraph (1) and inserting the following: 3843. Reserved \n3844. Reserved \n; and (ii) by striking matter inserted by paragraph (2) and inserting the following: 3846. Reserved \n. (8) Chapter 283 \n(A) The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the text after the chapter designation for chapter 283 in each place and inserting Reserved. (B) Section 1837 is amended to read as follows: 1837. Reservation of chapter 283 \nPart V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended by striking chapter 283 and inserting the following: 283 Reserved \n.. (9) Chapter 343 \nSection 1856 is amended— (A) in the matter to be inserted by subsection (a), by striking the text following the designation of chapter 343 and inserting Reserved ; and (B) by amending the matter to be inserted by subsection (j) to read as follows: 343 Reserved \nSubchapter Sec. I. Reserved 4541 II. Reserved 4551 I Reserved \nSec. 4541. Reserved. II Reserved \nSec. 4551. Reserved.. (10) Chapter 387 \nSection 1871 is amended by amending the matter to be inserted by subsection (a)(2)— (A) by inserting after the item relating to subchapter I the following new item: II. Reserved 4991 ; and (B) by inserting after the item relating to section 4901 the following new item: II Reserved \nSec. 4911. Reserved.. (j) Revised section relating to regulations \nSection 1807(b) of the FY2021 NDAA is amended in the matter to be inserted by paragraph (1), by striking shall prescribe and inserting is required by section 2202 of this title to prescribe. (k) Revised transfer of sections relating to multiyear contracts for acquisition of property \nSection 1822 of the FY2021 NDAA is amended as follows: (1) Revised sections \nIn the matter to be inserted by subsection (a)— (A) in the table of sections for subchapter I, by striking the items relating to sections 3501 through 3511 and inserting the following: 3501. Multiyear contracts: acquisition of property. ; and (B) by striking the section headings for sections 3501 through 3511 and inserting the following: 3501. Multiyear contracts: acquisition of property \n. (2) Transfer of section 2306b \nSuch section is further amended— (A) by striking subsections (b) through (l); and (B) by inserting after subsection (a) the following new section: (b) Transfer of section 2306b \nSection 2306b of title 10, United States Code, is transferred to section 3501 of such title, as added by subsection (a).. (3) Transfer of section 2306c \nSuch section is further amended— (A) in the matter to be inserted by subsection (m)— (i) in the table of sections, by striking the items relating to sections 3531 through 3535 and inserting the following: 3531. Multiyear contracts: acquisition of services. ; and (ii) by striking the section headings for sections 3531 through 3535 and inserting the following: 3531. Multiyear contracts: acquisition of services \n; (B) by redesignating such subsection (m) as subsection (c); (C) by striking subsections (n) through (s); (D) by adding after subsection (c) (as so redesignated) the following new subsection: (d) Transfer of section 2306c \nSection 2306c of title 10, United States Code, is transferred to section 3531 of such title, as added by subsection (c).. (4) Conforming redesignation \nSuch section is further amended by redesignating subsection (t) as subsection (e). (l) Renaming of chapter 287 \n(1) Renaming of chapter \nSection 1838 of the FY2021 NDAA is amended— (A) in the section heading, by striking the penultimate word in the heading and inserting Other contracting ; and (B) by striking the penultimate word in the chapter heading in the matter inserted by subsection (a) and inserting Other Contracting. (2) Tables of chapters \nThe tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the item relating to chapter 287 and inserting the following new item: 287. Other Contracting Programs 3961. (m) Revised transfer of sections within chapter 388 \n(1) Transfer \nSection 1872(a) of title XVIII of the FY2021 NDAA, as amended by this section, is further amended— (A) by amending paragraph (2) to read as follows: (2) Transfer \nThe text of section 2411 of title 10, United States Code, is transferred to section 4951 of such title, as added by paragraph (1). ; (B) by amending paragraph (3) to read as follows: (3) Transfer of section 2412 \nThe text of section 2412 of title 10, United States Code, is transferred to section 4952 of such title, as added by paragraph (1). ; and (C) by amending paragraph (4) to read as follows: (4) Transfer of section 2420 \nThe text of section 2420 of title 10, United States Code, is transferred to section 4953 of such title, as added by paragraph (1).. (2) Conforming amendments \nSuch section 1872(a) is further amended— (A) in paragraph (5)— (i) by striking inserted after section 4951, redesignated as section 4952 and inserting inserted after section 4953, redesignated as section 4954 ; (ii) in the matter to be inserted by subparagraph (B)(ii), by striking section 4957(b) and inserting section 4959(b) ; (B) in paragraph (6)— (i) by striking section 4952 and inserting section 4954 ; (ii) by striking section 4953 and inserting section 4955 ; (iii) in the matter to be inserted by subparagraph (B), by striking section 4951(b)(1)(D) and inserting section 4951(1)(D) ; and (iv) in the matter to be inserted by subparagraph (C), by striking section 4957(b) and inserting section 4959(b) ; (C) in paragraph (7)— (i) by striking section 4953 and inserting section 4955 ; (ii) by striking section 4954 and inserting section 4956 ; (D) in paragraph (8)— (i) by striking section 4954 and inserting section 4956 ; (ii) by striking section 4955 and inserting section 4957 ; (E) in paragraph (9)— (i) by striking section 4955 and inserting section 4957 ; (ii) by striking section 4956 and inserting section 4958 ; (F) in paragraph (10)— (i) by striking section 4956 and inserting section 4958 ; (ii) by striking section 4957 and inserting section 4959 ; (G) in paragraph (11)— (i) by striking inserted after section 4957, as added by paragraph (10), and inserting added at the end of such chapter ; and (ii) by striking section 4959 and inserting section 4961. (3) Table of sections \nSection 1872(a)(B) of the FY2021 NDAA is amended by striking the matter to be inserted and inserting the following: 388 Procurement Technical Assistance Cooperative Agreement Program \n4951. Definitions. 4952. Purposes. 4953. Regulations. 4954. Cooperative agreements. 4955. Funding. 4956. Distribution. 4957. Subcontractor information. 4958. Authority to provide certain types of technical assistance. 4959. Advancing small business growth. 4960. [Reserved]. 4961. Administrative and other costs. 4951. Definitions \n4952. Purposes \n4953. Regulations \n. (n) Revised section relating to Navy contract financing \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Revised placement \nThe matter to be inserted by section 1834(a) is amended— (A) in the table of sections, by adding at the following new item: 3808. Certain Navy contracts. ; and (B) by adding after the heading for section 3807 the following: 3808. Certain Navy contracts \n. (2) Transfer of section 2307(g) \nSection 1834 is further amended by adding at the end the following new subsection: (i) Transfer of subsection (g) of section 2307 \n(1) Transfer \nSubsection (g) of section 2307 of title 10, United States Code, is transferred to section 3808 of such title, as added by subsection (a), inserted after the section heading, and amended— (A) by striking the subsection designation and subsection heading; and (B) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c), respectively. (2) Revisions to new 3808(a) \nSubsection (a) of such section 3808, as so transferred and redesignated, is amended— (A) by inserting Repair, maintenance, or overhaul of naval vessels: rate for progress payments.— before The Secretary of the Navy ; and (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (3) Revisions to new 3808(b) \nSubsection (b) of such section 3808, as so transferred and redesignated, is amended— (A) by inserting Authority to advance funds for immediate salvage operations.— before The Secretary of the Navy ; and (B) by striking this paragraph in the second sentence and inserting this subsection. (4) Revisions to new 3808(c) \nSubsection (c) of such section 3808, as so transferred and redesignated, is amended by inserting Security for construction and conversion of naval vessels.— before The Secretary of the Navy. (5) Conforming amendment \nSection 8702(c) is amended by striking section 2307(g)(2) and inserting section 3808(b). ”. (3) Repeal of prior transfer \nSection 1876 is repealed. (o) Revised transfer relating to Selected Acquisition Reports \n(1) Transfer as single section \n(A) Subsection (a) section 1849 of the FY2021 NDAA is amended in the matter to be inserted by striking all after the chapter heading and inserting the following: Sec. 4351. Selected Acquisition Reports.. (B) Subsection (b) of such section 1849 is amended to read as follows: (b) Transfer of section 2432 \nSection 2432 of title 10, United States Code, is transferred to chapter 324 of such title, as added by subsection (a), and redesignated as section 4351.. (2) Conforming amendments \n(A) The section heading for section 1849 of the FY2021 NDAA is amended to read as follows: 1849. Selected Acquisition Reports \n. (B) Section 1849 of the FY2021 NDAA is amended in the matter to be inserted by striking the text after the chapter designation and inserting Selected Acquisition Reports. (3) Cross-reference amendments in section 4351(c) \nSubsection (c) of such section 1849 is amended to read as follows: (c) Cross-reference amendments in new section 4351(c) \nSubsection (c)(1) of such section, as so transferred and redesignated, is amended— (1) by striking section 2431 in subparagraph (A) and inserting section 4205 ; (2) by striking section 2433(a)(2) in subparagraph (B)(i) and inserting section 4371(a)(4) ; (3) by striking section 2435(d)(1) in subparagraph (B)(ii) and inserting section 4214(d)(1) ; (4) by striking section 2435(d)(2) in subparagraph (B)(iii) and inserting section 4214(d)(2) ; (5) by striking section 2432(e)(4) in subparagraph (B)(iv) and inserting section 4355(4) ; and (6) by striking section 2446a in subparagraph (G) and inserting section 4401. ”. (4) Cross-reference amendment in section 4351(h) \nSubsection (d) of such section 1849 is amended to read as follows: (d) Cross-reference amendment in new section 4351(h) \nSubsection (h)(2)(A) of such section, as so transferred and redesignated, is amended by striking section 2431 and inserting section 4205. ”. (5) Deletion of superseded amendments \nSuch section 1849 is further amended— (A) by striking subsections (e) through (k); and (B) redesignating subsections (l) and (m) as subsections (e) and (f), respectively. (6) Conforming cross-reference amendments \nTitle XVIII of the FY2021 NDAA is amended— (A) in section 1812— (i) in subsection (b)(2)(D), by striking section 4353(a) in the matter to be inserted and inserting section 4351(c)(1) ; and (ii) in subsection (f)(2)(C), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (B) in section 1846— (i) in subsection (f)(5)(C), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; and (ii) in subsection (g)(1), by striking section 4351 in the matter to be inserted and inserting section 4351(a) ; (C) in section 1847— (i) in subsection (b)(4)(B)(iii), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (ii) in subsection (c)(1)(A)(i), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (iii) in subsection (d)(2)(C)(ii), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; and (iv) in subsection (e)(1)(A), by striking section 4351(2) in the matter to be inserted and inserting section 4351(a)(2) ; (D) in section 1849(f) (as so redesignated), by striking chapter 324 in the matter to be inserted and inserting section 4351 ; and (E) in section 1850— (i) in subsection (b)(3)(A)(ii), by striking section 4351 in the matter to be inserted and inserting section 4351(a) ; (ii) in subsection (c)(2), by striking section 4358 in the matter to be inserted and inserting section 4351(h) ; (iii) in subsection (e)(4)(A), by striking section 4352(c) in the matter to be inserted and inserting section 4351(b)(3) ; (iv) in subsection (h)(2)(C)(ii), by striking and inserting and all that follows through respectively and inserting and inserting section 4351(e) and section 4351(f) , respectively ; (v) in subsection (j)(3)(B)(ii), by striking section 4356(a) in the matter to be inserted and inserting section 4351(f) ; (vi) in subsection (k)(4)(D), by striking section 4352 in the matter to be inserted and inserting section 4351 ; and (vii) in subsection (k)(6)(D)(i)(II), by striking section 4356 in the matter to be inserted and inserting section 4351(f). (p) Transfer of sections 2196 & 2197 to chapter 384 (manufacturing technology) \n(1) Transfer \nSection 1869(d) of the FY2021 NDAA is amended— (A) by striking section 2522.— Section 2522 of title 10, United States Code, is and inserting Sections 2196, 2197, and 2522.— (1) Transfer \nSections 2196, 2197, and 2522 of title 10, United States Code, are ; (B) by striking as section 4843 and inserting as sections 4843, 4844, and 4845, respectively ; and (C) by adding at the end the following new paragraph: (2) Conforming amendments \nSection 4844, as transferred and redesignated by paragraph (1), is amended in subsection (a)(6), by striking section 2196 and inserting section 4843.. (2) Tables of sections \n(A) Chapter 384 \nSection 1869(a) of the FY2021 NDAA is amended in the matter to be inserted by striking the item relating to section 4843 and inserting the following: 4843. Manufacturing engineering education program. 4844. Manufacturing experts in the classroom. 4845. Armament retooling and manufacturing.. (B) Chapter 111 \nThe table of sections at the beginning of chapter 111 of title 10, United States Code, is amended by striking the items relating to sections 2196 and 2197. (q) Revised transfer of section 2358b \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of transfer to chapter 303 \nSection 1842(b) is amended— (A) by striking 2358b, ; and (B) by striking 4064,. (2) Transfer to chapter 87 \nSubtitle J of title XVIII of the FY2021 NDAA is amended by inserting after section 1878 the following new section: 1878A. Transfer of title 10 section relating to joint reserve detachment of Defense Innovation Unit \n(a) Transfer \nSection 2358b of title 10, United States Code, is transferred to subchapter V of chapter 87 of such title, inserted after section 1765, and redesignated as section 1766. (b) Clerical amendment \nThe table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 1766. Joint reserve detachment of the Defense Innovation Unit.. (r) Revised section relating to acquisition-related functions of chiefs of the armed forces \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of separate section for acquisitions functions of service chiefs \nSection 1847 is amended— (A) in the matter to be inserted by subsection (a), by striking the item relating to section 4274 in the table of sections for subchapter IV and inserting: 4274. Reserved. ; and (B) in subsection (e), by striking paragraphs (4), (5), and (6)(B). (2) Cross-reference amendment \nSection 1808(d) is amended by adding at the end the following new paragraph: (3) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and 9033(d)(5) of such title are amended by striking and 2547 and inserting and 3104. ”. (s) Revised transfer of section relating to national technology and industrial base \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of previous transfer of section 2440 \nSection 1847(b)(2) is amended— (A) by striking Transfer of and all that follow through (B) ; and (B) by striking paragraph (3) in the matter to be inserted and inserting section 4820 of this title. (2) Revised transfer \n(A) Section 2440 of title 10, United States Code, as amended by section 846(b) of the FY2021 NDAA, is transferred to chapter 382 of such title, inserted after section 4819, and redesignated as section 4820. (B) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4820. National technology and industrial base plans, policy, and guidance.. (C) Such section 4820, as so transferred and redesignated, is amended— (i) in subsection (a), by striking section 2501 and inserting section 4811 ; and (ii) in subsection (b), by striking chapter 148 and inserting subchapters 381 through 385 and subchapter 389. (t) Revision of subchapter III of chapter 385 \nSection 1870(d) of the FY2021 NDAA is amended— (1) in the matter inserted by paragraph (1)— (A) by striking the items relating to sections 4871 and 4872 and inserting the following new items: 4871. Contracts: consideration of national security objectives. 4872. Acquisition of sensitive materials from non-allied foreign nations: prohibition. ; and (B) by adding after the item relating to section 4873, as added by this section, the following new item: 4874. Award of certain contracts to entities controlled by a foreign government: prohibition. ; (2) in paragraph (2)— (A) in the paragraph heading, by striking sections 2533c and 2536 and inserting sections 2327, 2533c, and 2536 ; (B) by striking sections 2533c and 2536 of title 10 and inserting sections 2327, 2533c, and 2536 of title 10 ; and (C) by striking sections 4871 and 4872 and inserting sections 4871, 4872, and 4874 ; (3) in paragraph (3)— (A) in subparagraph (A), by striking Section 4871 and inserting Section 4872 ; and (B) in the matter inserted by subparagraph (B), by striking 4871 and inserting 4872 ; and (4) in the matter inserted by paragraph (4), by striking section 4872(c)(1) and inserting section 4874(c)(1). (u) Restructuring of chapters of subpart E (research & engineering) \nSection 1841 of the FY2021 NDAA is amended as follows: (1) Revised subpart E \nThe matter to be inserted by subsection (a)(2) is amended to read as follows: E Research and Engineering \n301. Research and Engineering Generally 4001 303. Research and Engineering Activities 4061 305. Universities 4131 307. Test and Evaluation 4171. (2) Revised chapter 301 \nSection 1841 of the FY2021 NDAA is further amended as follows: (A) Revised table of sections \nThe matter to be inserted by subsection (a)(1)(B) is amended— (i) by inserting after the item relating to chapter 301 the following: I General \n; (ii) by striking the items relating to sections 4002, 4003, and 4004 and inserting the following: 4002. Reserved. 4003. Reserved. 4004. Contract authority for development and demonstration of initial or additional prototype units. ; (iii) by striking the items relating to sections 4008 and 4009 and inserting the following: 4008. Reserved. 4009. Reserved. ; and (iv) by striking the item relating to section 4015 and inserting the following: II Agreements \n4021. Research projects: transactions other than contracts and grants. 4022. Authority of the Department of Defense to carry out certain prototype projects. 4023. Procurement for experimental purposes. 4024. Merit-based award of grants for research and development. 4025. Prizes for advanced technology achievements. 4026. Cooperative research and development agreements under Stevenson-Wydler Technology.. (B) Revised transfer of title 10 sections \nSubsection (b)(1) is amended— (i) by inserting 2302e, 2359, after 2358, ; (ii) by striking and 2373 and inserting , 2373, 2374, 2374a, and 2371a ; (iii) by striking 4002, 4003, and ; and (iv) by inserting , 4007, 4021, 4022, 4023, 4024, 4025, and 4026 before , respectively. (C) Technical amendment \nSubsection (b)(2)(A)(i) is amended by striking by striking and all that follows through the semicolon at the end and inserting by striking section 2371 or 2371b and inserting section 4021 or 4022 ;. (D) Designation of subchapters \nSubsection (c) is amended to read as follows: (c) Designation of subchapters \nChapter 301 of such title, as added by subsection (a), is amended— (1) by inserting before section 4001, as transferred and redesignated by subsection (b)(1), the following: I General \n; and (2) by inserting before section 4021, as transferred and redesignated by subsection (b)(1), the following: II Agreements \n.. (E) Revised transfer of section 2364(a) \nSubsection (d)(1) is amended by striking section 4009 and inserting section 4007. (F) Revised cross-reference amendments \n(i) Subsection (b)(2) is amended— (I) in subparagraph (A)(ii), by striking sections 4004 in the matter to be inserted and inserting section 4023 ; (II) in subparagraph (A)(iii), by striking sections 4002 and 4143 in the matter to be inserted and inserting sections 4021 and 4026 ; (III) in subparagraph (B), by striking Section 4002 and inserting Section 4021 ; (IV) in subparagraph (C)— (aa) by striking Section 4003 and inserting Section 4022 ; and (bb) by striking section 4002 in the matter to be inserted and inserting section 4021 ; and (V) by adding at the end the following new subparagraph: (D) Section 4004 of such title, as so transferred and redesignated, is amended by striking section 2302(2)(B) in subsection (a) and inserting section 3012(2).. (ii) Subsection (e)(2) is amended by striking section 4003 in the matter to be inserted and inserting section 4022. (3) Revised chapter 303, subchapter I \nSection 1842 of the FY2021 NDAA is amended as follows: (A) Revised heading and table of sections \nThe matter to be inserted by subsection (a) is amended to read as follows: 303 Research and Engineering Activities \nSubchapter I—General Sec. 4061. Defense Research and Development Rapid Innovation Program. 4062. Defense Acquisition Challenge Program. 4063. Reserved. 4064. Reserved. 4065. Reserved. 4066. Global Research Watch Program. 4067. Technology protection features activities. Subchapter II—Personnel 4091. Authorities for certain positions at science and technology reinvention laboratories. 4092. Personnel management authority to attract experts in science and engineering. 4093. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program. Subchapter III—Research and Development Centers and Facilities 4121. Reserved. 4122. Reserved. 4123. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. 4124. Centers for Science, Technology, and Engineering Partnership. 4125. Functions of Defense research facilities. 4126. Use of federally funded research and development centers. I General \nII Personnel \nIII Research and Development Centers and Facilities \n. (B) Transfer of title 10 sections to subchapter i \nSubsection (b) is amended— (i) by striking 2361a and all that follows through 2365 and inserting 2365, and 2357 ; (ii) by striking after the table of sections and inserting after the heading for subchapter I ; and (iii) by striking 4063 and all that follows through 4066 and inserting 4066, and 4067. (C) Revised cross-reference amendment \nSubsection (c)(1) is amended by striking section 4065 in the matter to be inserted and inserting section 4025. (4) Revised chapter 303, subchapters ii & iii \n(A) In general \nSection 1843 of the FY2021 NDAA is amended by striking the section heading and subsections (a) and (b) and inserting the following: 1843. Personnel; research and development centers and facilities \n(a) Transfer of title 10 sections to subchapter ii \nSections 2358a, 1599h, and 2192a of title 10, United States Code, are transferred to subchapter II of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4091, 4092, and 4093, respectively. (b) Transfer of title 10 sections to subchapter iii \n(1) In general \nSections 2363, 2368, and 2367 of title 10, United States Code, are transferred to subchapter III of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4123, 4124, and 4126, respectively. (2) Transfer of section 2364(b) and (c) \n(A) Heading \nSuch subchapter III is further amended by inserting after section 4124, as transferred and redesignated by paragraph (1), the following: 4125. Functions of Defense research facilities \n. (B) Text \nSubsections (b) and (c) of section 2364 of such title are transferred to such subchapter, inserted after the section heading for section 4125, as added by subparagraph (A), and redesignated as subsections (a) and (b), respectively.. (B) Revised cross-reference amendment \nSubsection (c) of such section 1843 is amended by striking section 4103(a) in the matter to be inserted and inserting section 4123(a). (C) Conforming amendments to transferred section \nSuch section 1843 is further amended by adding at the end the following new subsection: (d) Conforming amendments to transferred section \nSection 4124 of such title, as transferred and redesignated by subsection (b)(1), is amended in subsection (b)(3)(B)(ii), by striking 2358, 2371, 2511, 2539b, and 2563 and inserting 2563, 4001, 4021, 4831, and 4062.. (5) Revised chapter 305 \n(A) New chapter 305 \nSubsection (a) of section 1844 of the FY2021 NDAA is amended— (i) by striking chapter 305, as added by the preceding section and inserting chapter 303, as added by section 1842 ; and (ii) by striking the matter inserted by that subsection and inserting: 305 Universities \nSec. 4141. Award of grants and contracts to colleges and universities: requirement of competition. 4142. Extramural acquisition innovation and research activities. 4143. Research and development laboratories: contracts for services of university students. 4144. Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education.. (B) Transfer of title 10 sections to new chapter 305 \nSuch section is further amended by striking subsections (b), (c), (d), and (e) and inserting the following: (b) Transfer of title 10 sections \nSections 2361, 2361a, 2360, and 2362 of title 10, United States Code, are transferred to chapter 305 of such title, as added by subsection (a), inserted (in that order) after the table of sections, and redesignated as section 4141, 4142, 4143, and 4144, respectively.. (6) Revised chapter 307 \n(A) Redesignation of chapter 309 as chapter 307 \nSubsection (a) of section 1845 of the FY2021 NDAA is amended— (i) by striking chapter 307, as added by the preceding section and inserting chapter 305, as added by section 1844 ; and (ii) by redesignating the chapter added by that section as chapter 307. (B) Transfer of additional sections to redesignated chapter 307 \nSubsection (b) of such section is amended— (i) by striking and 196 and inserting 196, 2353, and 2681 ; and (ii) by striking section 4171, 4172, and 4173 and inserting sections 4171, 4172, 4173, 4174, and 4175. (C) Table of sections \nThe table of sections inserted by subsection (a) of such section is amended by adding at the end the following new items: 4174. Contracts: acquisition, construction, or furnishing of test facilities and equipment. 4175. Use of test and evaluation installations by commercial entities.. (v) Conforming amendments to delete conflicting transfers of certain sections \n(1) Deletion of transfer of section 2302e to chapter 243 \nSection 1818 of the FY2021 NDAA is amended— (A) by striking subsection (c); and (B) by striking the last item in the table of sections inserted by subsection (a). (2) Deletion of transfer of section 2362 to chapter 287 \nSection 1838 of the FY2021 NDAA is amended— (A) in subsection (b), by striking 2362, and 3904, ; and (B) by striking the item relating to section 3904 in the table of sections inserted by subsection (a) and inserting the following new item: 3904. Reserved.. (w) Amendments to tables of sections not in part v \nTitle 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 81 is amended by striking the item relating to section 1599h. (2) The table of sections at the beginning of chapter 111 is amended by striking the item relating to section 2192a. (3) The table of sections at the beginning of chapter 159 is amended by striking the item relating to section 2681.", "id": "H1D63EFCF135C405FBCB8E41E70A10669", "header": "Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA" }, { "text": "3003. Reserved", "id": "H56E7BA73AB194C5F92090CDE66E0D905", "header": "Reserved" }, { "text": "3005. Reserved", "id": "H0E10EC2C47394A91B0277208432D2FC3", "header": "Reserved" }, { "text": "3171. Reserved", "id": "H9FFC97A13FC54AA58D98085EC308C2DD", "header": "Reserved" }, { "text": "3172. Reserved", "id": "HDEA021A65F3D46CD843995B861B8675C", "header": "Reserved" }, { "text": "3324. Reserved", "id": "HC475F92DB4804853A3373A4567145146", "header": "Reserved" }, { "text": "3721. Reserved", "id": "HA3FDFA714E764D7299D60DCC33B50BA8", "header": "Reserved" }, { "text": "3722. Reserved", "id": "H7D4E0903FE734FE0938E4B1A95F69DCA", "header": "Reserved" }, { "text": "3723. Reserved", "id": "HA2A208137CBA4278B5BC32E309644F89", "header": "Reserved" }, { "text": "3724. Reserved", "id": "HA0D3621E64DF49A0BCE543C44201F75D", "header": "Reserved" }, { "text": "3843. Reserved", "id": "HE53D23FF75D542218C619EE82EBABF4A", "header": "Reserved" }, { "text": "3844. Reserved", "id": "HDBC0B30AB2174A7893D0F9395FAE4198", "header": "Reserved" }, { "text": "3846. Reserved", "id": "H748F884D0DC8425C99480BA47CE4EF38", "header": "Reserved" }, { "text": "1837. Reservation of chapter 283 \nPart V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended by striking chapter 283 and inserting the following: 283 Reserved \n.", "id": "H409E6B59AE3E4345A7597F707D02BFC4", "header": "Reservation of chapter 283" }, { "text": "3501. Multiyear contracts: acquisition of property", "id": "H8B249B6180BE450FAFC319FE2461D58D", "header": "Multiyear contracts: acquisition of property" }, { "text": "3531. Multiyear contracts: acquisition of services", "id": "H50B67A26049645449D84CBA6D1E98053", "header": "Multiyear contracts: acquisition of services" }, { "text": "4951. Definitions", "id": "HD168D6FB4B8B4801B47654F522C490C9", "header": "Definitions" }, { "text": "4952. Purposes", "id": "HE9D381A1895D48C0B6CCC98F6261F67A", "header": "Purposes" }, { "text": "4953. Regulations", "id": "H260FA423D7D943DA8BC46ADE902AC1F0", "header": "Regulations" }, { "text": "3808. Certain Navy contracts", "id": "HBB87568141A34021894ACF1145226F4F", "header": "Certain Navy contracts" }, { "text": "1849. Selected Acquisition Reports", "id": "HCB70CE3FA8E24033842AEBB43FA3BBD1", "header": "Selected Acquisition Reports" }, { "text": "1878A. Transfer of title 10 section relating to joint reserve detachment of Defense Innovation Unit \n(a) Transfer \nSection 2358b of title 10, United States Code, is transferred to subchapter V of chapter 87 of such title, inserted after section 1765, and redesignated as section 1766. (b) Clerical amendment \nThe table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 1766. Joint reserve detachment of the Defense Innovation Unit.", "id": "H33D90AFA0D6F49758936D8000C461DF1", "header": "Transfer of title 10 section relating to joint reserve detachment of Defense Innovation Unit" }, { "text": "1843. Personnel; research and development centers and facilities \n(a) Transfer of title 10 sections to subchapter ii \nSections 2358a, 1599h, and 2192a of title 10, United States Code, are transferred to subchapter II of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4091, 4092, and 4093, respectively. (b) Transfer of title 10 sections to subchapter iii \n(1) In general \nSections 2363, 2368, and 2367 of title 10, United States Code, are transferred to subchapter III of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4123, 4124, and 4126, respectively. (2) Transfer of section 2364(b) and (c) \n(A) Heading \nSuch subchapter III is further amended by inserting after section 4124, as transferred and redesignated by paragraph (1), the following: 4125. Functions of Defense research facilities \n. (B) Text \nSubsections (b) and (c) of section 2364 of such title are transferred to such subchapter, inserted after the section heading for section 4125, as added by subparagraph (A), and redesignated as subsections (a) and (b), respectively.", "id": "HBEDC2B163D734819877A069FCDEA4B5D", "header": "Personnel; research and development centers and facilities" }, { "text": "4125. Functions of Defense research facilities", "id": "HD6DA1E2C532B442FB136709359AD942B", "header": "Functions of Defense research facilities" }, { "text": "1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes \n(a) Amendments to title 10, united states code \nTitle 10, United States Code, is amended as follows: (1) Section 171a(i)(3) is amended by striking 2366a(d) and inserting 4251(d). (2) Section 181(b)(6) is amended by striking sections 2366a(b), 2366b(a)(4), and inserting sections 4251(b), 4252(a)(4),. (3) Section 1734(c)(2) is amended by striking section 2435(a) and inserting section 4214(a). (b) Amendments to laws classified as notes in title 10, united states code \n(1) Section 801(1) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2302 note) is amended by striking section 2545 and inserting section 3001. (2) Section 323(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 2463 note) is amended by striking section 235, 2330a, or 2463 and inserting section 2463, 3137, or 4505. (3) Section 8065 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 10 U.S.C. 2540 note), is amended— (A) by striking subchapter VI of chapter 148 both places it appears and inserting subchapter I of chapter 389 ; and (B) by striking section 2540c(d) and inserting section 4974(d). (c) Amendments to laws classified in title 6, united states code (homeland security) \n(1) Section 831(a)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 391(a) ) is amended by striking section 2371 and inserting section 4021. (2) Section 853(b) of such Act ( 6 U.S.C. 423(b) ) is amended by striking paragraphs (1), (2), and (3) and inserting the following: (1) Section 134 of title 41, United States Code. (2) Section 153 of title 41, United States Code. (3) Section 3015 of title 10, United States Code.. (3) Section 855 of such Act ( 6 U.S.C. 425 ) is amended— (A) in subsection (a)(2), by striking subparagraphs (A), (B), and (C) and inserting the following: (A) Sections 1901 and 1906 of title 41, United States Code. (B) Section 3205 of title 10, United States Code. (C) Section 3305 of title 41, United States Code. ; and (B) in subsection (b)(1), by striking provided in and all that follows through shall not and inserting provided in section 1901(a)(2) of title 41, United States Code, section 3205(a)(2) of title 10, United States Code, and section 3305(a)(2) of title 41, United States Code, shall not. (4) Section 856(a) of such Act ( 6 U.S.C. 426(a) ) is amended by striking paragraphs (1), (2), and (3) and inserting the following: (1) Federal Property and Administrative Services Act of 1949 \nIn division C of subtitle I of title 41, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). (B) Section 4106 of such title, relating to orders under task and delivery order contracts. (2) Title 10, United States Code \nIn part V of subtitle A of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). (B) Section 3406, relating to orders under task and delivery order contracts. (3) Office of Federal Procurement Policy Act \nParagraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.. (5) Section 604(f) of the American Recovery and Reinvestment Act of 2009 ( 6 U.S.C. 453b(f) ) is amended by striking section 2304(g) and inserting section 3205. (d) Amendments to title 14, united states code (coast guard) \nTitle 14, United States Code, is amended as follows: (1) Section 308(c)(10)(B)(ii) is amended by striking section 2547(c)(1) and inserting section 3104(c)(1). (2) Section 1137(b)(4) is amended by striking section 2306b and inserting section 3501. (3) Section 1906(b)(2) is amended by striking chapter 137 and inserting sections 3201 through 3205. (e) Amendments to laws classified in title 15, united states code (commerce) \n(1) Section 14(a) of the Metric Conversion Act of 1975 ( 15 U.S.C. 205l(a) ) is amended— (A) in the first sentence, by striking set forth in chapter 137 and all that follows through et seq.), and inserting set forth in the provisions of title 10, United States Code, referred to in section 3016 of such title as chapter 137 legacy provisions , section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code, ; (B) in the second sentence, by striking under section 2377(c) and all that follows through the period and inserting under section 3453(c) of title 10, United States Code, and section 3307(d) of title 41, United States Code. ; and (C) in the third sentence, by striking section 2377 and all that follows through shall take and inserting section 3453 of title 10, United Sates Code, or section 3307(b) to (d) of title 41, United States Code, then the provisions of such sections 3453 or 3307(b) to (d) shall take. (2) Section 8 of the Small Business Act ( 15 U.S.C. 637 ) is amended— (A) in subsection (g)(2), by striking section 2304(c) and inserting section 3204(a) ; and (B) in subsection (h)— (i) in paragraph (1)(B), by striking chapter 137 and inserting sections 3201 through 3205 ; and (ii) in paragraph (2), by striking section 2304(f)(2) and section 2304(f)(1) , and inserting paragraphs (3) and (4) of section 3204(e) and section 3204(e)(1) , respectively. (3) Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended in subsection (r)(4)(A) by striking section 2304 and inserting sections 3201 through 3205. (4) Section 884(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 15 U.S.C. 638 note) is amended by striking section 2500 and inserting section 4801. (5) Section 15 of the Small Business Act ( 15 U.S.C. 644 ) is amended— (A) in subsection (k)— (i) in paragraph (17)(B), by striking section 2318 and inserting section 3249 ; (ii) in paragraph (17)(C), by striking chapter 142 and inserting chapter 388 ; and (iii) in paragraph (18), by striking section 2784 and inserting section 4754 ; (B) in subsection (r)(2), by striking section 2304c(b) and inserting section 3406(c) ; and (C) in subsections (u) and (v), by striking chapter 142 and inserting chapter 388. (6) Section 16 of the Small Business Act ( 15 U.S.C. 645 ) is amended in subsection (d)(3) by striking chapter 142 and inserting chapter 388. (7) Section 272 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 ( Public Law 100–180 ; 15 U.S.C. 4602 ) is amended in subsection (c) by striking section 2306a and inserting chapter 271. (f) Amendments to titles 32, united states code (national guard) and 37, united states code (pay and allowances) \n(1) Section 113 of title 32, United States Code, is amended in subsection (b)(1)(B) by striking section 2304(c) and inserting section 3204(a). (2) Section 418 of title 37, United States Code, is amended in subsection (d)(2)(A)— (A) by striking section 2533a and inserting section 4862 ; and (B) by striking chapter 137 of title 10 and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10). (g) Amendments to title 40, united states code (public buildings) \nTitle 40, United States Code, is amended as follows: (1) Section 113(e) is amended— (A) in paragraph (3)— (i) by striking chapter 137 and inserting section 3063 ; and (ii) by striking that chapter; and inserting the provisions of that title referred to in section 3016 of such title as chapter 137 legacy provisions ; ; and (B) in paragraph (5), by striking section 2535 and inserting section 4881. (2) Section 581(f)(1)(A) is amended by striking section 2535 and inserting section 4881. (h) Amendments to title 41, united states code (public contracts) \nTitle 41, United States Code, is amended as follows: (1) Section 1127(b) is amended by striking section 2324(e)(1)(P) and inserting section 3744(a)(16). (2) Section 1303(a)(1) is amended by striking chapters 4 and 137 of title 10 and inserting chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10). (3) Section 1502(b)(1)(B) is amended by striking section 2306a(a)(1)(A)(i) and inserting section 3702(a)(1)(A). (4) Section 1708(b)(2)(A) is amended by striking section 2304(c) and inserting section 3204(a). (5) Section 1712(b)(2)(B) is amended by striking section 2304(c) and inserting section 3204(a). (6) Section 1901(e)(2) is amended by striking section 2304(f) and inserting section 3204(e). (7) Section 1903 is amended— (A) in subsection (b)(3), by striking section 2304(g)(1)(B) and inserting section 3205(a)(2) ; and (B) in subsection (c)(2)(B), by striking section 2306a and inserting chapter 271. (8) Section 1907(a)(3)(B)(ii) is amended by striking section 2305(e) and (f) and inserting section 3308. (9) Section 1909(e) is amended by striking section 2784 and inserting section 4754. (10) Section 2101(2)(A) is amended by striking section 2306a(h) and inserting section 3701. (11) Section 2311 is amended by striking section 2371 and inserting section 4021. (12) Section 3302 is amended— (A) in subsection (a)(3)— (i) in subparagraph (A), by striking section 2302(2)(C) and inserting section 3012(3) ; and (ii) in subparagraph (B), by striking sections 2304a to 2304d of title 10, and inserting chapter 245 of title 10 ; (B) in subsection (c)(1)(A)(i), by striking section 2304c(b) and inserting section 3406(c) ; and (C) in subsection (d)(1)(B), by striking section 2304(f)(1) and inserting section 3204(e)(1). (13) Section 3307(e)(1) is amended by striking chapter 140 and inserting chapter 247. (14) Section 4104 is amended— (A) in subsection (a), by striking sections 2304a to 2304d and inserting chapter 245 ; and (B) in subsection (b)— (i) in paragraph (1), by striking sections 2304a to 2304d and inserting chapter 245 ; (ii) in paragraph (2)(B), by striking section 2304c(b) and inserting section 3406(c) ; and (iii) in paragraph (2)(C), by striking section 2304c(c) and inserting section 3406(e). (i) Amendments to laws classified as notes in title 41, united states code \n(1) Section 555 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 41 U.S.C. preceding 3101 note) is amended by striking section 2305 in subsections (a)(4) and (c)(1) and inserting sections 3206 through 3208 and sections 3301 through 3309. (2) Section 846(f)(5) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 41 U.S.C. 1901 note) is amended by striking section 2304 and inserting sections 3201 through 3205. (3) Section 811 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 41 U.S.C. 3304 note) is amended— (A) in subsection (a)(3), by striking sections 2304(f)(1)(C) and 2304(l) and inserting sections 3204(e)(1)(C) and 3204(f) ; and (B) in subsection (c)— (i) in paragraph (1)(A), by striking section 2304(f)(2)(D)(ii) and inserting section 3204(e)(4)(D)(ii) ; (ii) in paragraph (2)(A), by striking section 2302(1) and inserting section 3004 ; and (iii) in paragraph (3)(A), by striking section 2304(f)(1)(B) and inserting section 3204(e)(1)(B). (j) Amendments to laws classified in title 42, united states code \n(1) The Public Health Service Act ( Public Law 78–410 ) is amended— (A) in section 301(a)(7) ( 42 U.S.C. 241(a)(7) ), by striking sections 2353 and 2354 and inserting sections 3861 and 4141 ; and (B) in section 405(b)(1) ( 42 U.S.C. 284(b)(1) ), by striking section 2354 and inserting section 3861. (2) Section 403(a) of the Housing Amendments of 1955 ( 42 U.S.C. 1594(a) ) is amended by striking section 3 of the Armed Services Procurement Act of 1947 and inserting chapters 221 and 241 of title 10, United States Code. (3) Title II of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1986 ( Public Law 99–160 ), is amended by striking section 2354 in the last proviso in the paragraph under the heading National Science Foundation—Research and Related Activities ( 42 U.S.C. 1887 ) and inserting section 3861. (4) Section 306(b)(2) of the Disaster Mitigation Act of 2000 ( 42 U.S.C. 5206(b)(2) ) is amended by striking section 2393(c) and inserting section 4654(c). (5) Section 801(c)(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 ) is amended by striking section 2304c(d) and all that follows and inserting section 3406(d) of title 10, United States Code, and section 4106(d) of title 41, United States Code.. (6) Section 3021(a) of the Energy Policy Act of 1992 ( 42 U.S.C. 13556 ) is amended by striking chapter 137 of title 10 and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code). (k) Amendments to laws classified in title 50, united states code \n(1) Section 141(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 50 U.S.C. 1521a(a) ) is amended by striking section 2430 and inserting section 4201. (2) Section 502(a) of the National Emergencies Act ( 50 U.S.C. 1651(a) ) is amended by striking paragraphs (1) through (5) and inserting the following: (1) Chapters 1 to 11 of title 40, United States Code, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code. (2) Section 3727(a)–(e)(1) of title 31, United States Code. (3) Section 6305 of title 41, United States Code. (4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq. ). (5) Section 3201(a) of title 10, United States Code.. (3) The Atomic Energy Defense Act is amended as follows: (A) Sections 4217 and 4311 ( 50 U.S.C. 2537 , 2577) are each amended in subsection (a)(2) by striking section 2432 and inserting section 4351. (B) Section 4813 ( 50 U.S.C. 2794 ) is amended by striking section 2500 in subsection (c)(1)(C) and inserting section 4801. (4) Section 107 of the Defense Production Act ( 50 U.S.C. 4517 ) is amended in subsection (b)(2)(B) by striking clauses (i) and (ii) and inserting the following: (i) section 3203(a)(1)(B) or 3204(a)(3) of title 10, United States Code; (ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41, United States Code; or. (l) Other amendments \n(1) Section 1473H of the National Agriculture Advanced Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319k ) is amended by striking section 2371 in subsections (b)(6)(A) and (d)(1)(B) and inserting section 4021. (2) Section 1301 of title 17, United States Code, is amended in subsection (a)(3) by striking section 2320 and inserting subchapter I of chapter 275. (3) Section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ) is amended by striking chapter 137 in subsection (l)(4) and subsection (m)(4) and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code). (4) Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 ( Public Law 101–533 ; 22 U.S.C. 3142 ) is amended in subsection (c)(2) by striking section 2505 and inserting section 4816. (5) Section 3553 of title 31, United States Code, is amended in subsection (d)(4)(B) by striking section 2305(b)(5)(B)(vii) and inserting section 3304(c)(1)(G). (6) Section 226 of the Water Resources Development Act of 1992 ( 33 U.S.C. 569f ) is amended by striking section 2393(c) and inserting section 4654(c). (7) Section 40728B(e) of title 36, United States Code, is amended— (A) striking subsection (k) of section 2304 and inserting section 3201(e) ; and (B) by striking subsection (c) of such section and inserting section 3204(a). (8) Section 1427(b) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 40 U.S.C. 1103 note) is amended by striking sections 2304a and 2304b and inserting sections 3403 and 3405. (9) Section 895(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 40 U.S.C. 11103 note) is amended by striking section 2366a(d)(7) and inserting section 4251(d)(5). (10) Sections 50113(c), 50115(b), and 50132(a) of title 51, United States Code, are amended by striking including chapters 137 and 140 and inserting including applicable provisions of chapters 201 through 285, 341 through 343, and 363. (11) Section 823(c)(3)(C) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 ( Public Law 115–10 ; 51 U.S.C. preceding 30301 note) is amended by striking section 2319 and inserting section 3243.", "id": "HE4096A8BE3954F2AA4A6EC41FB7CC984", "header": "Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes" }, { "text": "2001. Short title \nThis division and title XLVI of division D may be cited as the Military Construction Authorization Act for Fiscal Year 2022.", "id": "H2637013275B9439DB3DBEB887F491ED3", "header": "Short title" }, { "text": "2002. Expiration of authorizations and amounts required to be specified by law \n(a) Expiration of authorizations after three years \nExcept as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2024; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025. (b) Exception \nSubsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2024; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.", "id": "HFDD71B5C4099482DAFA77D9520E5E964", "header": "Expiration of authorizations and amounts required to be specified by law" }, { "text": "2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries \n(a) Effective date \nTitles XXI through XXVII shall take effect on the later of— (1) October 1, 2021; or (2) the date of the enactment of this Act. (b) Elimination of need for certain separate conforming amendments \n(1) Automatic execution of conforming changes \nWhen an amendment made by a provision of this division to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment. (2) Exceptions \nParagraph (1) shall not apply to an amendment described in such paragraph when— (A) the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or (B) the amendment otherwise expressly exempts itself from the operation of this section. (3) Covered defense law \nIn this subsection, the term covered defense law means— (A) titles 10, 32, and 37 of the United States Code; (B) any national defense authorization Act or military construction authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and (C) any other law designated in the text thereof as a covered defense law for purposes of application of this section.", "id": "H07D7B00C681C4B0CA64BB4AFFA980737", "header": "Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries" }, { "text": "2101. Authorized Army construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation or Location Amount Alabama Anniston Army Depot $25,000,000 Fort Rucker $66,000,000 Redstone Arsenal $55,000,000 California Fort Irwin $52,000,000 Georgia Fort Stewart $105,000,000 Hawaii West Loch Naval Magazine Annex $51,000,000 Wheeler Army Airfield $140,000,000 Kansas Fort Leavenworth $34,000,000 Kentucky Fort Knox $27,000,000 Louisiana Fort Polk $111,000,000 Maryland Fort Detrick $23,981,000 Fort Meade $81,000,000 New Mexico White Sands Missile Range $29,000,000 New York Fort Hamilton $26,000,000 Watervliet Arsenal $20,000,000 Pennsylvania Letterkenny Army Depot $21,000,000 Texas Fort Hood $130,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States State Installation Amount Belgium Shape Headquarters $16,000,000 Germany East Camp Grafenwoehr $103,000,000 Smith Barracks $33,500,000 Classified Location Classified Location $31,000,000", "id": "HF502FC6C987F4CD9BE2C1E1B972AD84E", "header": "Authorized Army construction and land acquisition projects" }, { "text": "2102. Family housing \n(a) Construction and acquisition \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in the number of units or for the purpose, and in the amount set forth in the following table: Army: Family Housing Country Installation or Location Units or Purpose Amount Italy Vicenza Family Housing New Construction $92,304,000 (b) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $22,545,000.", "id": "H625CB4BCABD24003AC2472FE64F635A2", "header": "Family housing" }, { "text": "2103. Authorization of appropriations, Army \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "H2751E2EB909F4A33B49F0A88AE97D8FC", "header": "Authorization of appropriations, Army" }, { "text": "2104. Extension of authority to carry out certain fiscal year 2017 project \n(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (130 Stat. 2689), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table \nThe table referred to in subsection (a) is as follows: Army: Extension of 2017 Project Authorization Country Installation Project Original Authorized Amount Germany Wiesbaden Army Airfield Hazardous Material Storage Building $2,700,000", "id": "HC36466CACA37465CBA51A60284199995", "header": "Extension of authority to carry out certain fiscal year 2017 project" }, { "text": "2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas \n(a) Project authorization \nThe Secretary of the Army may carry out a military construction project to construct a defense access road at Fort Bliss, Texas, in the amount of $20,000,000. (b) Use of amounts \nThe Secretary of the Army may use funds appropriated under section 131 of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (title I of division J of Public Law 115–141 ; 132 Stat. 805) for the Defense Access Road Program to carry out subsection (a).", "id": "H4C3CE39F56244404B0B486940CEEBB9D", "header": "Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas" }, { "text": "2106. Modification of authority to carry out certain fiscal year 2021 project \n(a) Modification of project authority \nIn the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) for Fort Wainwright, Alaska, for construction of Unaccompanied Enlisted Personnel Housing, as specified in the funding table in section 4601 of such Public Law, the Secretary of the Army may construct— (1) an Unaccompanied Enlisted Personnel Housing building of 104,300 square feet to incorporate a modified standard design; and (2) an outdoor recreational shelter, sports fields and courts, barbecue and leisure area, and fitness stations associated with the Unaccompanied Enlisted Personnel Housing. (b) Modification of project amounts \n(1) Division B table \nThe authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) is amended in the item relating to Fort Wainwright, Alaska, by striking $114,000,000 and inserting $146,000,000 to reflect the project modification made by subsection (a). (2) Division D table \nThe funding table in section 4601 of Public Law 116–283 is amended in the item relating to Fort Wainwright Unaccompanied Enlisted Personnel Housing by striking $59,000 in the Conference Authorized column and inserting $91,000 to reflect the project modification made by subsection (a).", "id": "H7999AA03ACFC4B59A032F37D3B7E5D1E", "header": "Modification of authority to carry out certain fiscal year 2021 project" }, { "text": "2107. Additional authorized funding source for certain fiscal year 2022 project \nTo carry out an unspecified minor military construction project in the amount of $3,600,000 at Aberdeen Proving Ground, Maryland, to construct a 6,000 square foot recycling center to meet the requirements of a qualified recycling program at the installation, the Secretary of the Army may use funds available to the Secretary under section 2667(e)(1)(C) of title 10, United States Code, in addition to funds appropriated for unspecified minor military construction for the project.", "id": "H1DBDE29615944964B60A786F0116A037", "header": "Additional authorized funding source for certain fiscal year 2022 project" }, { "text": "2201. Authorized Navy construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation or Location Amount Arizona Marine Corps Air Station Yuma $29,300,000 California Marine Corps Air Station Miramar $240,900,000 Marine Corps Base Camp Pendleton $106,100,000 Marine Corps Reserve Depot San Diego $93,700,000 Naval Base Coronado $63,600,000 Naval Base Ventura County $197,500,000 San Nicolas Island $19,907,000 Florida Marine Corps Support Facility Blount Island $69,400,000 Naval Undersea Warfare Center Panama City Division $37,980,000 Guam Andersen Air Force Base $50,890,000 Joint Region Marianas $507,527,000 Hawaii Marine Corps Base Kaneohe $165,700,000 Marine Corps Training Area Bellows $6,220,000 North Carolina Marine Corps Air Station Cherry Point $321,417,000 Pennsylvania Naval Surface Warfare Center Philadelphia Division $77,290,000 South Carolina Marine Corps Reserve Depot Parris Island $6,000,000 Marine Corps Air Station Beaufort $130,300,000 Virginia Marine Corps Base Quantico $42,850,000 Naval Station Norfolk $344,793,000 Naval Weapons Station Yorktown $93,500,000 Portsmouth Naval Shipyard $156,380,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation or Location Amount Japan Fleet Activities Yokosuka $49,900,000 Spain Naval Station Rota $85,600,000", "id": "H1A7CE5ECF3B947BB971E171516F86C25", "header": "Authorized Navy construction and land acquisition projects" }, { "text": "2202. Family housing \n(a) Construction and acquisition \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units or for the purposes, and in the amounts set forth in the following table: Navy: Family Housing Location Installation Units or Purpose Amount District of Columbia Marine Barracks Washington Family housing improvements $10,415,000 Japan Fleet Activities Yokosuka Family housing improvements $61,469,000 (b) Improvements to military family housing units \nSubject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $71,884,000. (c) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,634,000.", "id": "H2FF94323DA2344B9A8E7827A5DA6D964", "header": "Family housing" }, { "text": "2203. Authorization of appropriations, Navy \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "H1616997D7BFA47A48E1155ABF57D64A6", "header": "Authorization of appropriations, Navy" }, { "text": "2301. Authorized Air Force construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation or Location Amount Alaska Eielson Air Force Base $44,850,000 Joint Base Elmendorf-Richardson $251,000,000 Arizona Davis-Monthan Air Force Base $13,400,000 Luke Air Force Base $49,000,000 California Vandenberg Space Force Base $67,000,000 Colorado Schriever Space Force Base $30,000,000 United States Air Force Academy $4,360,000 District of Columbia Joint Base Anacostia-Bolling $24,000,000 Florida Eglin Air Force Base $14,000,000 Guam Joint Region Marianas $85,000,000 Louisiana Barksdale Air Force Base $272,000,000 Maryland Joint Base Andrews $26,000,000 Massachusetts Hanscom Air Force Base $66,000,000 Nevada Creech Air Force Base $14,200,000 Ohio Wright-Patterson Air Force Base $24,000,000 Oklahoma Tinker Air Force Base $160,000,000 South Carolina Joint Base Charleston $59,000,000 South Dakota Ellsworth Air Force Base $242,000,000 Tennessee Arnold Air Force Base $14,600,000 Texas Joint Base San Antonio $141,000,000 Joint Base San Antonio-Fort Sam Houston $29,000,000 Joint Base San Antonio-Lackland $29,000,000 Sheppard Air Force Base $20,000,000 Virginia Joint Base Langley-Eustis $24,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation or Location Amount Australia Royal Australian Air Force Base Darwin $7,400,000 Royal Australian Air Force Base Tindal $14,400,000 Italy Aviano Air Force Base $10,200,000 Japan Kadena Air Base $206,000,000 Misawa Air Base $25,000,000 Yokota Air Base $39,000,000 United Kingdom Royal Air Force Lakenheath $108,500,000", "id": "H59D92755C06E40C7A5291759A3CBAD24", "header": "Authorized Air Force construction and land acquisition projects" }, { "text": "2302. Family housing \n(a) Improvements to military family housing units \nSubject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $105,528,000. (b) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $10,458,000.", "id": "H3E07CCEA5C38408FA6D2732FD4E93E87", "header": "Family housing" }, { "text": "2303. Authorization of appropriations, Air Force \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "HDF7AFB37E6DD426E9907D7B1CE7D6824", "header": "Authorization of appropriations, Air Force" }, { "text": "2304. Extension of authority to carry out certain fiscal year 2017 projects \n(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2902 of that Act (130 Stat. 2696, 2743), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table \nThe table referred to in subsection (a) is as follows: Air Force: Extension of 2017 Project Authorizations State or Country Installation or Location Project Original Authorized Amount Germany Ramstein Air Base 37 AS Squadron Operations/Aircraft Maintenance Unit $13,437,000 Spangdahlem Air Base F/A-22 Low Observable/Composite Repair Facility $12,000,000 Spangdahlem Air Base Upgrade Hardened Aircraft Shelters for F/A-22 $2,700,000 Guam Joint Region Marianas APR - Munitions Storage Igloos, Phase 2 $35,300,000 Joint Region Marianas APR - SATCOM C4I Facility $14,200,000 Japan Kadena Air Base APR - Replace Munitions Structures $19,815,000 Yokota Air Base C-130J Corrosion Control Hangar $23,777,000 Yokota Air Base Construct Combat Arms Training and Maintenance Facility $8,243,000 Massachusetts Hanscom Air Force Base Vandenberg Gate Complex $10,965,000 United Kingdom Royal Air Force Croughton Main Gate Complex $16,500,000", "id": "H9BC0066C244B48E780CF9FF010E29921", "header": "Extension of authority to carry out certain fiscal year 2017 projects" }, { "text": "2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida \n(a) Fiscal year 2018 project \nIn the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1825) for Tyndall Air Force Base, Florida, for construction of a Fire Station, as specified in the funding table in section 4601 of that Public Law (131 Stat. 2002), the Secretary of the Air Force may construct a crash rescue/structural fire station encompassing up to 3,588 square meters. (b) Fiscal year 2020 projects \nIn the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 133 Stat. 1913) for Tyndall Air Force Base, Florida— (1) for construction of Site Development, Utilities, and Demo Phase 1, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 3,698 lineal meters of waste water utilities; (B) up to 6,306 lineal meters of storm water utilities; and (C) two emergency power backup generators; (2) for construction of Munitions Storage Facilities, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 4,393 square meters of aircraft support equipment storage yard; (B) up to 1,535 square meters of tactical missile maintenance facility; and (C) up to 560 square meters of missile warhead assembly and maintenance shop and storage; (3) for construction of 53 WEG Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 1,693 square meters of aircraft maintenance shop; (B) up to 1,458 square meters of fuel systems maintenance dock; and (C) up to 3,471 square meters of group headquarters; (4) for construction of 53 WEG Subscale Drone Facility, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 511 square meters of pilotless aircraft shop in a separate facility; (5) for construction of CE/Contracting/USACE Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 557 square meters of base engineer storage shed 6000 area; and (B) up to 183 square meters of non-Air Force administrative office; (6) for construction of Logistics Readiness Squadron Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 802 square meters of supply administrative headquarters; (B) up to 528 square meters of vehicle wash rack; and (C) up to 528 square meters of vehicle service rack; (7) for construction of Fire Station Silver Flag #4, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 651 square meters of fire station; (8) for construction of AFCEC RDT&E, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 501 square meters of CE Mat Test Runway Support Building; (B) up to 1,214 square meters of Robotics Range Control Support Building; and (C) up to 953 square meters of fire garage; (9) for construction of Flightline–Munitions Storage, 7000 Area, as specified in the funding table in section 4603 of Public Law 116–92 ; 133 Stat. 2103), the Secretary of the Air Force may construct— (A) up to 1,861 square meters of above ground magazines; and (B) up to 530 square meters of air support equipment shop/storage facility pad; (10) for construction of Site Development, Utilities and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 5,233 lineal meters of storm water utilities; (B) up to 48,560 square meters of roads; (C) up to 3,612 lineal meters of gas pipeline; and (D) up to 993 square meters of water fire pumping station with an emergency backup generator; (11) for construction of Tyndall AFB Gate Complexes, as specified in such funding table and modified by section 2306(a)(9) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 52,694 square meters of roadway with serpentines; and (B) up to 20 active/passive barriers; (12) for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table and modified by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct up to 144 square meters of AAFES shoppette; (13) for construction of Airfield Drainage, as specified in such funding table and modified by section 2306(a)(12) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 37,357 meters of drainage ditch; (B) up to 18,891 meters of storm drain piping; (C) up to 19,131 meters of box culvert; (D) up to 3,704 meters of concrete block swale; (E) up to 555 storm drain structures; and (F) up to 81,500 square meters of storm drain ponds; and (14) for construction of 325th Fighting Wing HQ Facility, as specified in such funding table and modified by section 2306(a)(13) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct up to 769 square meters of separate administrative space for SAPR/SARC.", "id": "HEC7E803625DB4E9A9E1913DEBD8A91D3", "header": "Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida" }, { "text": "2401. Authorized Defense Agencies construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $153,000,000 California Marine Corps Base Camp Pendleton $13,600,000 Silver Strand Training Complex $33,700,000 Colorado Buckley Air Force Base $20,000,000 Georgia Fort Benning $62,000,000 Hawaii Joint Base Pearl Harbor-Hickam $29,800,000 Maryland Fort Meade $1,201,000,000 New Mexico Kirtland Air Force Base $8,600,000 Virginia Fort Belvoir $29,800,000 Humphries Engineer Center and Support Activity $36,000,000 Pentagon $50,543,000 Washington Oak Harbor $59,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation or Location Amount Germany Ramstein Air Base $93,000,000 Japan Kadena Air Base $24,000,000 Misawa Air Base $6,000,000 United Kingdom Royal Air Force Lakenheath $19,283,000", "id": "H7CCF13AC3A5A42419B6412FEF5C14227", "header": "Authorized Defense Agencies construction and land acquisition projects" }, { "text": "2402. Authorized Energy Resilience and Conservation Investment Program projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Inside the United States State Installation or Location Amount Alabama Fort Rucker $24,000,000 California Marine Corps Air Station Miramar $4,054,000 Naval Air Weapons Station China Lake-Ridgecrest $9,120,000 District of Columbia Joint Base Anacostia-Bolling $31,261,000 Florida MacDill Air Force Base $22,000,000 Georgia Fort Benning $17,593,000 Fort Stewart $22,000,000 Naval Submarine Base Kings Bay $19,314,000 Guam Polaris Point Submarine Base $38,300,000 Idaho Mountain Home Air Force Base $33,800,000 Michigan Camp Grayling $5,700,000 Mississippi Camp Shelby $45,655,000 New York Fort Drum $27,000,000 North Carolina Fort Bragg $27,169,000 North Dakota Cavalier Air Force Station $24,150,000 Ohio Springfield-Beckley Municipal Airport $4,700,000 Puerto Rico Aguadilla $10,120,000 Fort Allen $12,190,000 Tennessee Memphis International Airport $4,780,000 Virginia Fort Belvoir $365,000 National Geospatial-Intelligence Agency Campus East $5,299,000 Pentagon, Mark Center, and Raven Rock Mountain Complex $2,600,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Outside the United States Country Installation or Location Amount Japan Naval Air Facility Atsugi $3,810,000 Kuwait Camp Arifjan $15,000,000", "id": "H9232B13D543C455B946C610FBBA1EE92", "header": "Authorized Energy Resilience and Conservation Investment Program projects" }, { "text": "2403. Authorization of appropriations, Defense Agencies \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "H94D4B079D6404BFFAE8C4EE276598294", "header": "Authorization of appropriations, Defense Agencies" }, { "text": "2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects \n(a) Extension of fiscal year 2017 authorization \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in paragraph (2), as provided in section 2401 of that Act (130 Stat. 2700), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Defense Agencies: Extension of 2017 Project Authorization Country Installation Project Original Authorized Amount Japan Yokota Air Base Hanger/AMU $39,466,000 (b) Modification of fiscal year 2019 authorization \nIn the case of the authorization contained in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 133 Stat. 2250) for Kinnick High School in Yokosuka, Japan, as specified in the funding table in section 4601 of such Public Law (133 Stat. 2407), the Secretary of Defense may treat the high school and the field house as a single facility for the purposes of defining the scope of work for the project.", "id": "H05042C14B01E41A68D12CEC41F2A42C9", "header": "Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects" }, { "text": "2501. Authorized NATO construction and land acquisition projects \nThe Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.", "id": "HE0A9B59C00874D05A0934D92D70C07F5", "header": "Authorized NATO construction and land acquisition projects" }, { "text": "2502. Authorization of appropriations, NATO \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.", "id": "HDC69C555CC3C4C16824520DFD1782555", "header": "Authorization of appropriations, NATO" }, { "text": "2511. Republic of Korea funded construction projects \n(a) Authority to accept projects \nPursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table: Republic of Korea Funded Construction Projects Component Installation or Location Project Amount Army Camp Humphreys Unaccompanied Enlisted Personnel Housing $52,000,000 Army Camp Humphreys Type I Aircraft Parking Apron and Parallel Taxiway $48,000,000 Army Camp Humphreys Black Hat Intelligence Fusion Center $149,000,000 Navy Mujuk Expeditionary Dining Facility $10,200,000 Air Force Gimhae Air Base Repair Contingency Hospital $75,000,000 Air Force Osan Air Base Munitions Storage Area Move Delta (Phase 2) $171,000,000 (b) Authorized approach to certain construction project \nSection 2350k of title 10, United States Code, shall apply with respect to the construction of the Black Hat Intelligence Fusion Center at Camp Humphreys, Republic of Korea, as set forth in the table in subsection (a).", "id": "H04DABB729EF44B7A8AC22585FB2E764D", "header": "Republic of Korea funded construction projects" }, { "text": "2512. Republic of Poland funded construction projects \nPursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table: Republic of Poland Funded Construction Projects Component Installation or Location Project Amount Army Poznan Command and Control Facility $30,000,000 Army Poznan Information Systems Facility $7,000,000", "id": "H3FB47FBABFCB40B39C4C0AFE40277107", "header": "Republic of Poland funded construction projects" }, { "text": "2601. Authorized Army National Guard construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: Army National Guard State Installation or Location Amount Alabama Redstone Arsenal $17,000,000 Connecticut Army National Guard Readiness Center Putnam $17,500,000 Georgia Fort Benning $13,200,000 Guam National Guard Readiness Center Barrigada $34,000,000 Idaho Jerome National Guard Armory $15,000,000 Illinois National Guard Armory Bloomington $15,000,000 Kansas Nickell Memorial Armory Topeka $16,732,000 Louisiana Camp Minden $13,800,000 Lake Charles National Guard Readiness Center $18,500,000 Maine Saco National Guard Readiness Center $21,200,000 Michigan Camp Grayling $16,000,000 Mississippi Camp Shelby $15,500,000 Montana Butte Military Entrance Testing Site $16,000,000 Nebraska Mead Army National Guard Readiness Center $11,000,000 North Dakota Dickinson National Guard Armory $15,500,000 South Dakota Sioux Falls National Guard Armory $15,000,000 Vermont Bennington National Guard Armory $16,900,000 Camp Ethan Allen Training Site $4,665,000 Virginia National Guard Armory Troutville $13,000,000", "id": "HB521F2D8CEDD474282361A11AFD2D54D", "header": "Authorized Army National Guard construction and land acquisition projects" }, { "text": "2602. Authorized Army Reserve construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Installation or Location Amount Michigan Army Reserve Center Southfield $12,000,000 Ohio Wright-Patterson Air Force Base $19,000,000 Wisconsin Fort McCoy $70,600,000", "id": "H1D04696A6CF04918B495B51D171D33D2", "header": "Authorized Army Reserve construction and land acquisition projects" }, { "text": "2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation or Location Amount Michigan Naval Operational Support Center Battle Creek $49,090,000 Minnesota Minneapolis Air Reserve Station $14,350,000", "id": "HBC1AE586FA9546158C9F27B7F5A8A2E4", "header": "Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects" }, { "text": "2604. Authorized Air National Guard construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Installation or Location Amount Alabama Montgomery Regional Airport $19,200,000 Sumpter Smith Air National Guard Base $7,500,000 Connecticut Bradley International Airport $17,000,000 Delaware New Castle Air National Guard Base $17,500,000 Idaho Gowen Field $6,500,000 Illinois Abraham Lincoln Capital Airport $10,200,000 Massachusetts Barnes Air National Guard Base $12,200,000 Michigan Alpena County Regional Airport $23,000,000 Selfridge Air National Guard Base $28,000,000 W. K. Kellogg Regional Airport $10,000,000 Mississippi Jackson International Airport $9,300,000 New York Francis S. Gabreski Airport $14,800,000 Schenectady Municipal Airport $10,800,000 Ohio Camp Perry $7,800,000 South Carolina McEntire Joint National Guard Base $18,800,000 South Dakota Joe Foss Field $9,800,000 Texas Kelly Field Annex $9,500,000 Washington Camp Murray Air National Guard Station $27,000,000 Wisconsin Truax Field $44,200,000 Wyoming Cheyenne Municipal Airport $13,400,000", "id": "H85E8B2CC3E234D8CA497891BE9793818", "header": "Authorized Air National Guard construction and land acquisition projects" }, { "text": "2605. Authorized Air Force Reserve construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Installation Amount California Beale Air Force Base $33,000,000 Florida Homestead Air Force Reserve Base $14,000,000 Patrick Air Force Base $18,500,000 Indiana Grissom Air Reserve Base $29,000,000 Minnesota Minneapolis-St. Paul International Airport $14,000,000 New York Niagara Falls Air Reserve Station $10,600,000 Ohio Youngstown Air Reserve Station $8,700,000", "id": "H29A9602B618E42F5BA17C096C94A1618", "header": "Authorized Air Force Reserve construction and land acquisition projects" }, { "text": "2606. Authorization of appropriations, National Guard and Reserve \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.", "id": "H0B7101F5BB3A4D2AB6FFA5FC336E6BC4", "header": "Authorization of appropriations, National Guard and Reserve" }, { "text": "2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2140)), as specified in the funding table in section 4601.", "id": "HEE678737C2CB4FA6926230B1D2A7CDFA", "header": "Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account" }, { "text": "2702. Prohibition on conducting additional base realignment and closure (BRAC) round \nNothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.", "id": "HCFDA6047CC86473384257B6D565B4ED9", "header": "Prohibition on conducting additional base realignment and closure (BRAC) round" }, { "text": "2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado \n(a) Definitions \nIn this section: (1) Covered portion of Pueblo Chemical Depot defined \nThe term covered portion of Pueblo Chemical Depot means the portion of Pueblo Chemical Depot, Colorado, that has not been declared surplus before the date of the enactment of this Act. (2) Local Redevelopment Authority \nThe term Local Redevelopment Authority means the Local Redevelopment Authority for Pueblo Chemical Depot, as recognized by the Office of Local Defense Community Cooperation. (b) Submission of closure and disposal plans \n(1) Plans required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (A) a plan for the closure of the covered portion of Pueblo Chemical Depot upon the completion of the chemical demilitarization mission of the Chemical Agent-Destruction Pilot Plant at Pueblo Chemical Depot; and (B) a plan for the disposal of all remaining land, buildings, facilities, and equipment of the covered portion of Pueblo Chemical Depot. (2) Local Redevelopment Authority role \nIn preparing the disposal plan for the covered portion of Pueblo Chemical Depot required by paragraph (1)(B), the Secretary of the Army shall take into account the future role of the Local Redevelopment Authority. (c) Local Redevelopment Authority Eligibility for Assistance \nThe Secretary of Defense, acting through the Office of Local Defense Community Cooperation, may make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the Local Redevelopment Authority in planning community adjustments and economic diversification required by the closure of Pueblo Chemical Depot and the Chemical Agent-Destruction Pilot Plant if the Secretary determines that the closure is likely to have a direct and significantly adverse consequence on nearby communities. (d) General closure, realignment, and disposal prohibition \n(1) Prohibition; certain recipient excepted \nDuring the period specified in paragraph (2), the Secretary of the Army shall take no action— (A) to close or realign the covered portion of Pueblo Chemical Depot or the Chemical Agent-Destruction Pilot Plant; or (B) to dispose of any surplus land, building, facility, or equipment that comprises any portion of the Chemical Agent-Destruction Pilot Plant other than to the Local Redevelopment Authority. (2) Duration \nThe prohibition imposed by paragraph (1) shall apply until the date on which the Secretary of the Army makes a final closure and disposal decision for the covered portion of Pueblo Chemical Depot following the submission of the closure and disposal plans for the covered portion of Pueblo Chemical Depot required by subsection (b). (e) Prohibition on Demolition or disposal related to Chemical Agent-Destruction Pilot Plant \n(1) Prohibition; certain recipient excepted \nDuring the period specified in paragraph (4), the Secretary of the Army may not— (A) demolish any building, facility, or equipment described in paragraph (2) that comprises any portion of the Chemical Agent-Destruction Pilot Plant; or (B) dispose of any such building, facility, or equipment declared to be surplus other than to the Local Redevelopment Authority. (2) Covered buildings, facilities, and equipment \nThe prohibition imposed by paragraph (1) shall apply to the following: (A) Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit where chemical munitions were present, but where contamination did not occur, which are considered by the Secretary of the Army as clean, safe, and acceptable for reuse by the public, after a risk assessment by the Secretary. (B) Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit that was not contaminated by chemical munitions and that was without the potential to be contaminated, such as office buildings, parts warehouses, or utility infrastructure, which are considered by the Secretary of the Army as suitable for reuse by the public. (3) Exception to prohibition \nThe prohibition imposed by paragraph (1) shall not apply to any building, facility, or equipment otherwise described in paragraph (2) for which the Local Redevelopment Authority provides to the Secretary of the Army a written determination specifying that the building, facility, or equipment is not needed for community adjustment and economic diversification following the closure of the Chemical Agent-Destruction Pilot Plant. (4) Duration of prohibition \nThe prohibition imposed by paragraph (1) shall apply for a period of not less than two years beginning on the date o the enactment of this Act.", "id": "H6373DD9F0A6543FE9C2501BF33610338", "header": "Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado" }, { "text": "2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects \n(a) Inclusion of information on required Internet site \nSection 2851(c)(1) of title 10, United States Code, is amended— (1) by redesignating subparagraph (E) as subparagraph (F); (2) by adding after subparagraph (D) the following new subparagraph (E): (E) Each military department project with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization. ; and (3) in subparagraph (F), as so redesignated, by inserting after construction project the following: , military department Facilities Sustainment, Restoration, and Modernization project,. (b) Application of amendments \nSubparagraph (E) of section 2851(c)(1) of title 10, United States Code, as added by subsection (a)(2), and subparagraph (F) of such section, as amended by subsection (a)(3), shall apply with respect to a military department Facilities Sustainment, Restoration, and Modernization project described in such subparagraphs for which an award of a contract or delivery order for the project is made on or after June 1, 2022.", "id": "HFE12AEAB1D7E447E88796735E5217E43", "header": "Public availability of information on Facilities Sustainment, Restoration, and Modernization projects" }, { "text": "2802. Limitations on authorized cost and scope of work variations \n(a) Process for approving certain exceptions; limitations \nSubsections (c) and (d) of section 2853 of title 10, United States Code, are amended to read as follows: (c) Exceptions to limitation on cost variations and scope of work reductions \n(1) (A) Except as provided in subparagraph (D), the Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost increase in the manner provided in this paragraph. (B) The notification required by subparagraph (A) shall— (i) identify the amount of the cost increase and the reasons for the increase; (ii) certify that the cost increase is sufficient to meet the mission requirement identified in the justification data provided to Congress as part of the request for authorization of the project; and (iii) describe the funds proposed to be used to finance the cost increase. (C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (D) The Secretary concerned may not use the authority provided by subparagraph (A)— (i) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000; and (ii) to approve an increase in the cost authorized for the project that would increase the project cost by more than 50 percent of the total authorized cost of the project. (E) In addition to the notification required by this paragraph, subsection (f) applies whenever a military construction project or military family housing project with a total authorized cost greater than $40,000,000 will have a cost increase of 25 percent or more. Subsection (f) may not be construed to authorize a cost increase in excess of the limitation imposed by subparagraph (D). (2) (A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve a decrease in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost decrease not later than 14 days after the date funds are obligated in connection with the project. (B) The notification required by subparagraph (A) shall be provided in an electronic medium pursuant to section 480 of this title. (3) (A) The Secretary concerned may waive the limitation on a reduction in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve a scope of work reduction for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this paragraph. (B) The notification required by subparagraph (A) shall— (i) describe the reduction in the scope of work and the reasons for the decrease; and (ii) certify that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope. (C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (d) Exceptions to limitation on scope of work increases \n(1) Except as provided in paragraph (4), the Secretary concerned may waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve an increase in the scope of work for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this subsection. (2) The notification required by paragraph (1) shall describe the increase in the scope of work and the reasons for the increase. (3) A waiver and approval by the Secretary concerned under paragraph (1) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such paragraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (4) The Secretary concerned may not use the authority provided by paragraph (1) to waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project and approve an increase in the scope of work for the project that would increase the scope of work by more than 10 percent of the amount specified for the project in the justification data provided to Congress as part of the request for authorization of the project.. (b) Conforming amendment related to calculating limitation on cost variations \nSection 2853(a) of title 10, United States Code, is amended by striking the amount appropriated for such project and inserting the total authorized cost of the project (c) Clerical amendments \nSection 2853 of title 10, United States Code, is further amended— (1) in subsection (a), by inserting Cost variations authorized; limitation.— after the enumerator (a) ; (2) in subsection (b), by inserting Scope of work variations authorized; limitation.— after the enumerator (b) ; (3) in subsection (e), by inserting Additional cost variation exceptions.— after the enumerator (e) ; (4) in subsection (f), by inserting Additional reporting requirement for certain cost increases.— after the enumerator (f) ; and (5) in subsection (g), by inserting Relation to other law.— after the enumerator (g).", "id": "H4CA09DEF6ABC4FE585EA02092EBBAA28", "header": "Limitations on authorized cost and scope of work variations" }, { "text": "2803. Department of Defense stormwater management projects for military installations and defense access roads \nChapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section: 2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation \n(a) Projects Authorized \nThe Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of— (1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and (2) protecting nearby waterways and stormwater-stressed ecosystems. (b) Project methods and Funding sources \nUsing such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a stormwater management project under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under section 2391(d) of this title. (5) A construction project under section 2914 of this title. (6) A reserve component facility project under section 18233 of this title. (7) A defense access road project under section 210 of title 23. (c) Project priorities \nIn selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff and ponding or standing water that includes the combination of stormwater runoff and water levels resulting from extreme weather conditions. (d) Project activities \nActivities carried out as part of a stormwater management project under this section may include, but are not limited to, the following: (1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures. (2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. (3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. (e) Project coordination \nIn the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. (f) Annual Report \n(1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing— (A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and (B) all projects completed by the Secretary concerned during the previous fiscal year. (2) Each report shall include the following information with respect to each stormwater management project described in the report: (A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. (B) The rationale for how the project will— (i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (ii) protect waterways and stormwater-stressed ecosystems. (C) Such other information as the Secretary concerned considers appropriate. (g) Definitions \nIn this section: (1) The term defense access road means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23. (2) The terms facility and State have the meanings given those terms in section 18232 of this title. (3) The term military installation includes a facility of a reserve component owned by a State rather than the United States. (4) The term military installation resilience has the meaning given that term in section 101(e)(8) of this title. (5) The term Secretary concerned means— (A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States..", "id": "H62AEBAE28B33465AA2894F819D9708CB", "header": "Department of Defense stormwater management projects for military installations and defense access roads" }, { "text": "2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation \n(a) Projects Authorized \nThe Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of— (1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and (2) protecting nearby waterways and stormwater-stressed ecosystems. (b) Project methods and Funding sources \nUsing such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a stormwater management project under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under section 2391(d) of this title. (5) A construction project under section 2914 of this title. (6) A reserve component facility project under section 18233 of this title. (7) A defense access road project under section 210 of title 23. (c) Project priorities \nIn selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff and ponding or standing water that includes the combination of stormwater runoff and water levels resulting from extreme weather conditions. (d) Project activities \nActivities carried out as part of a stormwater management project under this section may include, but are not limited to, the following: (1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures. (2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. (3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. (e) Project coordination \nIn the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. (f) Annual Report \n(1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing— (A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and (B) all projects completed by the Secretary concerned during the previous fiscal year. (2) Each report shall include the following information with respect to each stormwater management project described in the report: (A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. (B) The rationale for how the project will— (i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (ii) protect waterways and stormwater-stressed ecosystems. (C) Such other information as the Secretary concerned considers appropriate. (g) Definitions \nIn this section: (1) The term defense access road means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23. (2) The terms facility and State have the meanings given those terms in section 18232 of this title. (3) The term military installation includes a facility of a reserve component owned by a State rather than the United States. (4) The term military installation resilience has the meaning given that term in section 101(e)(8) of this title. (5) The term Secretary concerned means— (A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.", "id": "H0010B20BD6104831B1DD49EA64B03152", "header": "Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation" }, { "text": "2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation \nSection 2914 of title 10, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection (c): (c) Alternative funding source \n(1) In addition to the authority under section 2805(c) of this title, in carrying out a military construction project for energy resilience, energy security, or energy conservation under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits to the congressional defense committees a notification of the decision to carry out the project using such amounts and includes in the notification— (A) the current estimate of the cost of the project; (B) the source of funds for the project; and (C) a certification that deferring the project pending the availability of funds appropriated for or otherwise made available for military construction would be inconsistent with the timely assurance of energy resilience, energy security, or energy conservation for one or more critical national security functions. (2) A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the seven-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title. (3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000..", "id": "H1FC893925D454166A8452037DBD33245", "header": "Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation" }, { "text": "2805. Flood risk management for military construction \n(a) Further modification of Department of Defense Form 1391 \nSection 2805(a)(1) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraph (A), by inserting or a 500-year floodplain if outside a 100-year floodplain after 100-year floodplain ; and (2) in subparagraph (B), by striking 100-year floodplain and inserting floodplain described in subparagraph (A). (b) Reporting requirements \nSection 2805(a)(3) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraph (A), by inserting before the period at the end the following: using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the facility and future forecasted land use changes ; and (2) in subparagraph (D), by inserting after future the following: flood risk and. (c) Mitigation plan assumptions \nSection 2805(a)(4) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraphs (A) and (B), by striking buildings and inserting facilities ; and (2) in subparagraph (C), by inserting after future the following: flood risk and. (d) Conforming amendment of unified facilities criteria \n(1) Amendment required \nNot later than September 1, 2022, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the minimum flood mitigation requirements of section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note), as amended by this section. (2) Implementation of unified facilities criteria amendments \n(A) Implementation \nAny Department of Defense Form 1391 submitted to Congress after September 1, 2022, shall comply with the Unified Facilities Criteria, as amended pursuant to paragraph (1). (B) Certification \nNot later than March 1, 2023, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion of the amendment process required by paragraph (1) and the full incorporation of the amendments into military construction planning and design.", "id": "HDD5014E32F0A4733BDC1AA761C79D124", "header": "Flood risk management for military construction" }, { "text": "2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States \n(a) Two-year Extension of authority \nSubsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723), as most recently amended by section 2806(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) in paragraph (1), by striking December 31, 2021 and inserting December 31, 2023 ; and (2) paragraph (2), by striking fiscal year 2022 and inserting fiscal year 2024. (b) Continuation of limitation on use of authority \nSubsection (c)(1) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723), as most recently amended by subsections (b) and (c) of section 2806 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) by striking subparagraphs (A) and (B); (2) by redesignating subparagraph (C) as subparagraph (A); and (3) by adding at the end the following new subparagraphs: (B) The period beginning October 1, 2021, and ending on the earlier of December 31, 2022, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2023. (C) The period beginning October 1, 2022, and ending on the earlier of December 31, 2023, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2024.. (c) Establishment of project monetary limitation \nSubsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723) is amended by adding at the end the following new paragraph: (3) The total amount of operation and maintenance funds used for a single construction project carried out under the authority of this section shall not exceed $15,000,000. The Secretary of Defense may waive this limitation on a project-by-project basis. This waiver authority may not be delegated.. (d) Modification of Notice and wait requirement \nSubsection (b) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723) is amended— (1) by striking 10-day period and inserting 14-day period ; and (2) by striking or, if earlier, the end of the 7-day period beginning on the date on which and inserting , including when.", "id": "H017BBA779A9B42CF82D0B3F49F7967B5", "header": "Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States" }, { "text": "2811. Modification of calculation of military housing contractor pay for privatized military housing \nSection 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2871 note), as amended by section 3036 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 133 Stat. 1938) and section 2811(i) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) in paragraph (1)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii) ; and (2) in paragraph (2)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii).", "id": "H285566D713D841E6821727CD64D7AC25", "header": "Modification of calculation of military housing contractor pay for privatized military housing" }, { "text": "2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled \n(a) Transfer of window fall prevention section to military family housing administration subchapter \nSection 2879 of title 10, United States Code— (1) is transferred to appear after section 2856 of such title; and (2) is redesignated as section 2857. (b) Applicability of section to all military family housing \nSection 2857 of title 10, United States Code, as transferred and redesignated by subsection (a), is amended— (1) in subsection (a)(1), by striking acquired or constructed under this chapter ; (2) in subsection (b)(1), by striking acquired or constructed under this chapter ; and (3) by adding at the end the following new subsection: (e) Applicability to all military family housing \nThis section applies to military family housing under the jurisdiction of the Department of Defense and military family housing acquired or constructed under subchapter IV of this chapter.. (c) Implementation plan \nIn the report required to be submitted in 2022 pursuant to subsection (d) of section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a) and amended by subsection (b), the Secretary of Defense shall include a plan for implementation of the fall protection devices described in subsection (a)(3) of such section as required by such section. (d) Limitation on Use of Funds pending submission of overdue report \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Assistant Secretary of Defense for Energy, Installations, and Environment, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense certifies to the congressional defense committees that— (1) the independent assessment required by section 2817(b) of the Military Construction Authorization Act of 2018 (division B of Public Law 115–91 ; 131 Stat. 1852) has been initiated; and (2) the Secretary expects the report containing the results of the assessment to be submitted to the congressional defense committees by February 1, 2023.", "id": "H502A7DA9FB764515AF2C09EC055B4BD2", "header": "Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled" }, { "text": "2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent \n(a) Applicability of Disability Laws \nSection 2891 of title 10, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): (g) Applicability of Disability Laws \nFor purposes of this subchapter and subchapter IV of this chapter, housing units shall be considered as military family housing for purposes of application of Department of Defense policy implementing section 804 of the Fair Housing Act ( 42 U.S.C. 3604 ) and title III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 et seq. ).. (b) Clarification of prohibition \n(1) Treatment of reasonable Modification and accommodation requirements \nSection 2891a(e) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) Costs incurred to reasonably modify or upgrade a housing unit to comply with standards addressing discrimination against an individual with a disability established pursuant to the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), or to meet the reasonable modification and accommodation requirements of section 804 of the Fair Housing Act ( 42 U.S.C. 3604 ) and in order to facilitate occupancy of a housing unit by an individual with a disability, may not be considered optional services under paragraph (2)(A)(i) or another exception to the prohibition in paragraph (1) against collection from tenants of housing units of amounts in addition to rent. (B) In subparagraph (A), the term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ).. (2) Applicability of requirements \nSubsection (e)(3) of section 2891a of title 10, United States Code, as added by paragraph (1), shall apply to contracts described in subsection (a) of such section entered into on or after the date of the enactment of this Act.", "id": "H06CDF6D72810462197A830220DF13AE9", "header": "Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent" }, { "text": "2814. Required investments in improving military unaccompanied housing \n(a) Investments in military unaccompanied housing \nOf the total amount authorized to be appropriated by the National Defense Authorization Act for a covered fiscal year for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve an amount equal to five percent of the estimated replacement cost of the total inventory of unaccompanied housing under the jurisdiction of that Secretary for the purpose of carrying out projects for the improvement of military unaccompanied housing. (b) Definitions \nIn this section: (1) The term military unaccompanied housing means military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) The term replacement cost , with respect to military unaccompanied housing, means the amount that would be required to replace the remaining service potential of that military unaccompanied housing. (c) Duration of investment requirement \nThe requirement in subsection (a) shall apply for fiscal years 2022 through 2026.", "id": "H4DC2FFCA8357422D81B03E423B0E14B9", "header": "Required investments in improving military unaccompanied housing" }, { "text": "2815. Improvement of security of lodging and living spaces on military installations \n(a) Assessment \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment of all on-base dormitories and barracks at military installations for purposes of identifying— (1) locking mechanisms on points of entry into the main facility, including doors and windows, or interior doors leading into private sleeping areas that require replacing or repairing; (2) areas, such as exterior sidewalks, entry points, and other public areas where closed-circuit television security cameras should be installed; and (3) other passive security measures, such as additional lighting, that may be necessary to prevent crime, including sexual assault. (b) Emergency repairs \nThe Secretary of Defense shall make any necessary repairs of broken locks or other safety mechanisms discovered during the assessment conducted under subsection (a) not later than 30 days after discovering the issue. (c) Report \n(1) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). (2) Elements \nThe report under paragraph (1) shall include— (A) a cost estimate to make any improvements recommended pursuant to the assessment under subsection (a), disaggregated by military department and installation; and (B) an estimated schedule for making such improvements.", "id": "H54A978535EFF4995B07815FCDADE936A", "header": "Improvement of security of lodging and living spaces on military installations" }, { "text": "2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel \n(a) Safety inspection of child development centers \nNot later than one year after the date of the enactment of this Act, each Secretary of a military department shall complete an inspection of all facilities under the jurisdiction of that Secretary used as a child development center to identify any unresolved safety issues, including lead, asbestos, and mold, that adversely impact the facilities. (b) Briefing on results of safety inspections and remediation plans \n(1) Briefing required \nNot later than March 1, 2022, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the safety inspections conducted of child development centers under the jurisdiction of that Secretary. (2) Required elements of briefing \nIn the briefing required by paragraph (1), the Secretary of a military department shall provide the following: (A) A list of any child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition. In the case of each child development center included on this list, the Secretary shall provide a remediation plan for the child development center, which shall include the following elements: (i) An estimate of the funding required to complete the remediation plan. (ii) The Secretary’s funding strategy to complete the remediation plan. (iii) Any additional statutory authorities the Secretary needs to complete the remediation plan (B) A list of life-threatening and non-life-threatening violations during the previous three years recorded at child development centers under the jurisdiction of that Secretary that are not included on the list required by subparagraph (A), which shall include the name of the installation where the violation occurred and date of inspection. (C) A list of what that Secretary considers a life-threatening and non-life-threatening violation, including with regard to the presence of lead, asbestos, and mold. (D) A list of how often the 90-day remediation requirement has been waived and the name of each child development center under the jurisdiction of that Secretary at which a waiver was granted. (E) Data on child development center closures under the jurisdiction of that Secretary due to a non-life-threatening violation not remedied within 90 days. (F) An additional plan to conduct preventive maintenance on other child development centers under the jurisdiction of that Secretary to prevent additional child development centers from degrading to poor or failing condition. (c) Partnerships encouraged for child care for children of military personnel \nBeginning one year after the date of the enactment of this Act, and pursuant to such regulations as the Secretary of Defense may prescribe, each Secretary of a military department is encouraged to enter into agreements with public and private entities to provide child care to the children of personnel (including members of the Armed Forces and civilian employees of the Department of Defense) under the jurisdiction of that Secretary. (d) Annual Status updates \nNot later than 18 months after the date of the enactment of this Act, and every 12 months thereafter, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives on the progress made by that Secretary— (1) in implementing the child development center remediation plans required by subsection (b)(2)(A) for child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition, including details about projects planned, funded, under construction, and completed under the plans; (2) in conducting preventive maintenance on other child development centers under the jurisdiction of that Secretary pursuant to the preventive maintenance plan required by subsection (b)(2)(F); and (3) in entering into partnerships encouraged by subsection (c), including with regard to each partnership— (A) the terms of the agreement, including cost to the United States; (B) the number of children described in such subparagraph projected to receive child care under the partnership; and (C) if applicable, the actual number of such children who received child care under the partnership during the previous year. (e) Child development center defined \nIn this section, the term child development center has the meaning given that term in section 2871(2) of title 10, United States Code, and includes facilities identified as a child care center or day care center.", "id": "H68DA1CE4A78C45E895A7F3327AF96DC1", "header": "Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel" }, { "text": "2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy \nChapter 861 of title 10, United States Code, is amended by inserting after section 8616 the following new section: 8617. National Museum of the United States Navy \n(a) Authority to support development and operation of Museum \n(1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy. (2) The Secretary may— (A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or (B) authorize acceptance of funds from a partner organization for each or all such phases. (b) Purposes of museum \n(1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy. (2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command. (c) Acceptance upon completion \nUpon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum. (d) Lease authority \n(1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum. (2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum. (e) Authority to accept gifts \n(1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection. (2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards. (3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record. (4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum. (f) Additional terms and conditions \nThe Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. (g) Use of Navy indicators \n(1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy. (2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy. (h) Definitions \nIn this section: (1) The term eligible nonprofit organization means an entity that— (A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and (B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy. (2) The term museum means the National Museum of the United States Navy, including its facilities and grounds. (3) The term Navy indicator includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term National Museum of the United States Navy. (4) The term partner organization means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d)..", "id": "H4BA8504FB1F140E7A9265FE500CE1828", "header": "Secretary of the Navy authority to support development and operation of National Museum of the United States Navy" }, { "text": "8617. National Museum of the United States Navy \n(a) Authority to support development and operation of Museum \n(1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy. (2) The Secretary may— (A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or (B) authorize acceptance of funds from a partner organization for each or all such phases. (b) Purposes of museum \n(1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy. (2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command. (c) Acceptance upon completion \nUpon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum. (d) Lease authority \n(1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum. (2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum. (e) Authority to accept gifts \n(1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection. (2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards. (3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record. (4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum. (f) Additional terms and conditions \nThe Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. (g) Use of Navy indicators \n(1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy. (2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy. (h) Definitions \nIn this section: (1) The term eligible nonprofit organization means an entity that— (A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and (B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy. (2) The term museum means the National Museum of the United States Navy, including its facilities and grounds. (3) The term Navy indicator includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term National Museum of the United States Navy. (4) The term partner organization means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d).", "id": "HFEFA30253EA8472088DA20606FB01C26", "header": "National Museum of the United States Navy" }, { "text": "2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations \n(a) Inclusion of additional United States Navy museums \nSection 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended— (1) in subsection (a)— (A) by striking the text preceding paragraph (1) and inserting The Secretary of the Navy may lease or license any portion of the facilities of a United States Navy museum to a foundation established to support that museum for the purpose of permitting the foundation to carry out the following activities: ; and (B) in paragraphs (1) and (2), by striking the United States Navy Museum and inserting that United States Navy museum ; (2) in subsection (b), by striking the United States Navy Museum and inserting the United States Navy museum of which the facility is a part ; (3) in subsection (c), by striking the Naval Historical Foundation and inserting a foundation described in subsection (a) ; and (4) in subsection (d)— (A) by striking the United States Navy Museum and inserting the applicable United States Navy museum ; and (B) by striking the Museum and inserting that museum. (b) United States Navy museum defined \nSection 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended by adding at the end the following new subsection: (f) United States Navy museum \nIn this section, the term United States Navy museum means a museum under the jurisdiction of the Secretary of Defense and operated through the Naval History and Heritage Command.. (c) Conforming clerical amendment \nThe heading of section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended by striking at Washington, Navy Yard, District of Columbia.", "id": "HDF92DACDB8994992B45622A86652A8BA", "header": "Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations" }, { "text": "2831. Cooperation with State and local governments in development of master plans for major military installations \nSection 2864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) The commander of a major military installation shall develop and update the master plan for that major military installation in consultation with representatives of the government of the State in which the installation is located and representatives of local governments in the vicinity of the installation to improve cooperation and consistency between the Department of Defense and such governments in addressing each component of the master plan described in paragraph (1). (B) The consultation required by subparagraph (A) is in addition to the consultation specifically required by subsection (b)(1) in connection with the transportation component of the master plan for a major military installation..", "id": "HD93747954F2D4490BA1AF68D9363B72E", "header": "Cooperation with State and local governments in development of master plans for major military installations" }, { "text": "2832. Additional changes to requirements regarding master plans for major military installations \n(a) Consideration of military installation resilience \nSection 2864(a)(2)(E) of title 10, United States Code, is amended by inserting before the period at the end the following: and military installation resilience. (b) Coordination efforts related to military installation resilience component \nSection 2864(c) of title 10, United States Code, is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: (7) Extent of current coordination efforts and plans for additional coordination, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).. (c) Cross reference to definition of military installation resilience \nSection 2864(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: (6) The term military installation resilience has the meaning given that term in section 101(e) of this title..", "id": "H753E1CC0066D486C9BC5997503AA3EDA", "header": "Additional changes to requirements regarding master plans for major military installations" }, { "text": "2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations \n(a) Identification of at-Risk installations \nNot later than 30 days after the date of the enactment of this Act, each Secretary of a military department shall— (1) identify at least two major military installations under the jurisdiction of that Secretary that the Secretary considers at risk from extreme weather events; and (2) notify the Committees on Armed Services of the Senate and the House of Representatives of the major military installations identified under paragraph (1). (b) Completion deadline \nNot later than one year after the date of the enactment of this Act, each Secretary of a military department shall ensure that the military installation resilience component of the master plan for each major military installation identified by the Secretary under subsection (a) is completed. (c) Briefings \nNot later than 60 days after completion of a master plan component as required by subsection (b) for a major military installation, the Secretary of the military department concerned shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the master plan efforts for that major military installation. (d) Definitions \nIn this section: (1) The term major military installation has the meaning given that term in section 2864(f) of title 10, United States Code. (2) The term master plan means the master plan required by section 2864(a) of title 10, United States Code, for a major military installation.", "id": "H9440B62CCAA74BCC853AFC2AD2705B66", "header": "Prompt completion of military installation resilience component of master plans for at-risk major military installations" }, { "text": "2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements \n(a) Submission of master plans and investment strategies \nNot later than March 31, 2022, the Secretary of the Army shall submit to the congressional defense committees a report containing the following: (1) The master plan for each of the ammunition organic industrial base production facilities under the jurisdiction of the Secretary of the Army (in this section referred to as an ammunition production facility ) that was developed to guide planning and budgeting for future infrastructure construction, facility improvements, and production equipment needs at the ammunition production facility. (2) An investment strategy to address the facility, major equipment, and infrastructure requirements at each ammunition production facility in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense. (b) Elements of master plan \nTo satisfy the requirements of subsection (a)(1), the master plan for an ammunition production facility must incorporate the results of a review of industrial processes, logistics streams, and workload distribution required to support production objectives and the facility requirements to support optimized processes and include the following specific elements: (1) A description of all infrastructure construction and facility improvements planned or being considered for the ammunition production facility and production equipment planned or being considered for installation, modernization, or replacement. (2) An explanation of how the master plan for the ammunition production facility will promote efficient, effective, resilient, secure, and cost-effective production of ammunition and ammunition components for the Armed Forces. (3) A description of how development of the master plan for the ammunition production facility included input from the contractor operating the ammunition production facility and how implementation of that master plan will be coordinated with the contractor. (4) A review of current and projected workload requirements for the manufacturing of energetic materials, including propellants, explosives, pyrotechnics, and the ingredients for propellants, explosives, and pyrotechnics, to assess efficiencies in the use of existing facilities, including consideration of new weapons characteristics and requirements, obsolescence of facilities, siting of facilities and equipment, and various constrained process flows. (5) An analysis of life-cycle costs to repair and modernize existing mission-essential facilities versus the cost to consolidate functions into modern, right-sized facilities at each location to meet current and programmed future mission requirements. (6) A review of the progress made in prioritizing and funding projects that facilitate process efficiencies and consolidate and contribute to availability cost and schedule reductions. (7) An accounting of the backlog of restoration and modernization projects at the ammunition production facility. (c) Elements of investment strategy \nTo satisfy the requirements of subsection (a)(2), the investment strategy for an ammunition production facility must include the following specific elements: (1) A description of the funding sources for such infrastructure construction, facility improvements, and production equipment, including authorized military construction projects, appropriations available for operation and maintenance, and appropriations available for procurement of Army ammunition in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense. (2) A timeline to complete the investment strategy. (3) A list of projects and a brief scope of work for each such project. (4) Cost estimates necessary to complete projects for mission essential facilities. (d) Annual updates \nNot later than March 31, 2023, and each March 31 thereafter through March 31, 2026, the Secretary of the Army shall submit to the congressional defense committees a report containing the following: (1) A description of any revisions made during the previous year to master plans and investment strategies submitted under subsection (a). (2) A description of any revisions to be made or being considered to the master plans and investment strategies. (3) An explanation of the reasons for each revision, whether made, to be made, or being considered. (4) A description of the progress made in improving infrastructure, facility, and production equipment at each ammunition production facility consistent with the master plans and investment strategies. (e) Delegation authority \nThe Secretary of the Army shall carry out this section acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology.", "id": "H0EC6F32A7E044584B2CBD3720A9B890F", "header": "Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements" }, { "text": "2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects \n(a) Amendment required \nThe Secretary of Defense shall amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that military construction planning and design for buildings likely to be regularly frequented by nursing mothers who are members of the uniformed services, civilian employees of the Department of Defense, contractor personnel, or visitors include a private nursing and lactation room or other private space suitable for that purpose. (b) Deadline \nThe Secretary of Defense shall complete the amendment process required by subsection (a) and implement the amended UFC 1–4.2 not later than one year after the date of the enactment of this Act.", "id": "HC9286C3684EB44BAB5882962CAF6AE3C", "header": "Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects" }, { "text": "2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems \n(a) Publication and comment period requirements \nThe Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days. (b) Notice and justification requirements \nThe Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register.", "id": "H8201FE90A2A4492EA9444CA5696D93C1", "header": " Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems" }, { "text": "2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations \n(a) Unified Facilities Criteria Amendment required \nTo the extent practicable, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019. (b) Implementation of amendment \nThe Secretary of Defense shall complete the amendment process required by subsection (a) in a timely manner so that any Department of Defense Form 1391 submitted to Congress in connection with the budget submission for fiscal year 2024 and thereafter complies with the Unified Facilities Criteria, as amended pursuant to such subsection. (c) Reporting requirement \nNot later than February 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report— (1) describing the extent to which the Unified Facilities Criteria, as amended pursuant to subsection (a), incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019, as required by such subsection; and (2) in the case of any instance in which the Unified Facilities Criteria continues to deviate from such consensus-based codes and standards for energy efficiency and conservation, identifying the deviation and explaining the reasons for the deviation.", "id": "H1991398B13634926B68A38C1B685727E", "header": "Amendment of Unified Facilities Criteria to promote energy efficient military installations" }, { "text": "2844. Additional Department of Defense activities to improve energy resiliency of military installations \n(a) Consideration of including energy microgrid in military construction projects \n(1) Amendment of Unified Facilities Criteria required \nThe Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing an energy microgrid as part of the project, including intentional islanding capability of at least seven consecutive days, for the purpose of— (A) promoting on-installation energy security and energy resilience; and (B) facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ). (2) Deadline \nThe Secretary of Defense shall complete the amendment process required by paragraph (1) and implement the amendment not later than September 1, 2022. (b) Contracts for Emergency access to existing on-installation renewable energy sources \nIn the case of a covered renewable energy generating source located on a military installation pursuant to a lease of non-excess defense property under section 2667 of title 10, United States Code, the Secretary of the military department concerned is encouraged to negotiate with the owner and operator of the renewable energy generating source to revise the lease contract to permit the military installation to access the renewable energy generating source during an emergency. The negotiations shall include consideration of the ease of modifying the renewable energy generating source to include an islanding capability, the necessity of additional infrastructure to tie the renewable energy generating source into the installation energy grid, and the cost of such modifications and infrastructure. (c) Definitions \nIn this section: (1) The term covered renewable energy generating source means a renewable energy generating source that, on the date of the enactment of this Act— (A) is located on a military installation inside the United States; but (B) cannot be used as a direct source of resilient energy for the installation in the event of a power disruption. (2) The term islanding capability refers to the ability to remove an energy system, such as a microgrid, from the local utility grid and to operate the energy system, at least temporarily, as an integrated, stand-alone system, during an emergency involving the loss of external electric power supply. (3) The term microgrid means an integrated energy system consisting of interconnected loads and energy resources with an islanding capability to permit functioning separate from the local utility grid.", "id": "H24A5397306C14A3581CABEDCE4FC9FE4", "header": "Additional Department of Defense activities to improve energy resiliency of military installations" }, { "text": "2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California \n(a) Modification of original use restriction \nSection 3(a) of Public Law 87–662 (76 Stat. 546) is amended by inserting after educational purposes the following: , which may include technology innovation and entrepreneurship programs and establishment of innovation incubators. (b) Execution \nIf necessary to effectuate the amendment made by subsection (a), the Secretary of the Navy shall execute and file in the appropriate office an amended deed or other appropriate instrument reflecting the modification of restrictions on the use of former Camp Matthews conveyed to the regents of the University of California pursuant to Public Law 87–662.", "id": "HF72AACF1D59E4051B17808A47D3CD341", "header": "Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California" }, { "text": "2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts \n(a) Conveyance authorized \nThe Secretary of the Air Force may convey to the Commonwealth of Massachusetts (in this section referred to as the Commonwealth ) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon and related easements, consisting of approximately 10 acres located on Joint Base Cape Cod, Bourne, Massachusetts. (b) Conditions of conveyance \nThe conveyance under subsection (a) shall be subject to valid existing rights and the Commonwealth shall accept the real property, and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance as is ). (c) Consideration \n(1) Consideration required \nAs consideration for the conveyance under subsection (a), the Commonwealth shall pay to the United States an amount equal to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary. (2) Treatment of consideration received \nConsideration received under paragraph (1) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection. (d) Payment of costs of conveyance \n(1) Payment required \nThe Secretary of the Air Force shall require the Commonwealth to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Commonwealth in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Commonwealth. (2) Treatment of amounts received \nAmounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to an appropriate fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (f) Additional terms and conditions \nThe Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H148F87A26324439EA18CC76E7A6C71ED", "header": "Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts" }, { "text": "2853. Land conveyance, Saint Joseph, Missouri \n(a) Conveyance authorized \nAt such time as the Missouri Air National Guard vacates their existing location on the southern end of the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri, as determined by the Secretary of the Air Force, the Secretary may convey to the City of Saint Joseph, Missouri (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 54 acres at the Rosecrans Air National Guard Base in Saint Joseph, Missouri, for the purpose of removing the property from the boundaries of the Rosecrans Air National Guard Base and accommodating the operations and maintenance needs of the Rosecrans Memorial Airport as well as the development of the parcels and buildings for economic purposes. (b) Condition of conveyance \nThe conveyance under subsection (a) shall be subject to valid existing rights and the City shall accept the real property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance as is ). (c) Consideration \n(1) Requirement \nAs consideration for the conveyance of the property under subsection (a), the City shall provide the United States an amount that is equivalent to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary of the Air Force. (2) Types of consideration \n(A) In general \nExcept as provided in subparagraph (B), the consideration required to be provided under paragraph (1) may be provided by land exchange, in-kind consideration described in subparagraph (D), or a combination thereof. (B) Less than fair market value \nIf the value of the land exchange or in-kind consideration provided under subparagraph (A) is less than the fair market value of the property interest to be conveyed under subsection (a), the City shall pay to the United States an amount equal to the difference between the fair market value of the property interest and the value of the consideration provided under subparagraph (A). (C) Cash consideration \nAny cash consideration received by the United States under this subsection shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and available in accordance with the provisions of subparagraph (B)(ii) of such section. (D) In-kind consideration \nIn-kind consideration described in this subparagraph may include the construction, provision, improvement, alteration, protection, maintenance, repair, or restoration (including environmental restoration), or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri Air National Guard at Rosecrans Air National Guard Base that the Secretary considers appropriate. (d) Payment of costs of conveyance \n(1) Payment required \nThe Secretary of the Air Force may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. (2) Treatment of amounts received \nAmounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (f) Additional terms and conditions \nThe Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H32F78E8AD2A54C5AAF5C16AC3712D82D", "header": "Land conveyance, Saint Joseph, Missouri" }, { "text": "2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri \n(a) Conveyance to Land Clearance for Redevelopment Authority of the City of St. Louis \n(1) Conveyance authorized \nThe Secretary of the Air Force may convey to the Land Clearance for Redevelopment Authority of the City of St. Louis (in this section referred to as the Authority ) all right, title, and interest of the United States in and to a parcel of real property, including all improvements thereon, consisting of approximately 24 acres located at 3200 S. 2nd Street, St. Louis, Missouri, for purpose of permitting the Authority to redevelop the property. (2) Limitation \nThe Secretary may convey to the Authority only that portion of the parcel of real property described in paragraph (1) that is declared excess to the needs of the Department of Defense. (b) Consideration \n(1) Consideration required \nAs consideration for the conveyance under subsection (a), the Authority shall pay to the Secretary of the Air Force an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. (2) In-kind consideration \nIn-kind consideration provided by the Authority under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs that the Secretary considers acceptable. (c) Terms of conveyance \n(1) Instrument of conveyance; acceptance \nThe conveyance under subsection (a) shall be subject to valid existing rights and shall be accomplished using a quitclaim deed or other legal instrument. (2) Conditions \n(A) In general \nSubject to paragraph (3), the Authority shall accept the real property conveyed under subsection (a), and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance as is ). (B) Environmental conditions \nThe conveyance under subsection (a) may include conditions, restrictions, or covenants related the environmental condition of the conveyed property, which shall not adversely interfere with the use of existing structures and the development of the property for commercial or industrial uses. (C) Historical property conditions \nThe conveyance under subsection (a) may include conditions, restrictions, or covenants to ensure preservation of historic property, notwithstanding the effect such conditions, restrictions, or covenants may have on reuse of the property. (3) Conduct of remediation \n(A) In general \nThe Secretary of the Air Force shall conduct all remediation at the real property conveyed under subsection (a) pursuant to approved activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Defense Environmental Restoration Program under section 2701 of title 10, United States Code. (B) Completion of remediation \nThe Secretary shall complete all remediation at the parcel of land conveyed under subsection (a) in accordance with the requirements selected in the Record of Decision, Scott Air Force Base Environmental Restoration Program Site SS018, National Imagery and Mapping Agency, Second Street, dated August 2019. (d) Payment of costs of conveyance \n(1) Payment required \nThe Secretary of the Air Force shall require the Authority to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Authority. (2) Treatment of amounts received \nAmounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Relation to other laws \n(1) Historic preservation \nThe conveyance under subsection (a) shall be carried out in compliance with division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act). (2) Rule of construction \nNothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). (f) Description of property \nThe exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (g) Additional terms and conditions \nThe Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "HE967AD1BB5F14966BFA19AB9C5C6A569", "header": "Land conveyance, Department of Defense excess property, St. Louis, Missouri" }, { "text": "2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina \n(a) Conveyance authorized \nThe Secretary of the Navy may convey to the City of Havelock, North Carolina (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 30 acres, known as the former Fort Macon Housing Area, located within the City limits. (b) Interim lease \nUntil such time as the real property described in subsection (a) is conveyed to the City, the Secretary of the Navy may lease the property to the City for 20 years. (c) Consideration \n(1) In general \nAs consideration for the conveyance under subsection (a) and interim lease under subsection (b), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. (2) In-kind consideration \nIn-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Air Station Cherry Point, North Carolina, that the Secretary considers acceptable. (3) Disposition of amounts \n(A) Conveyance \nAmounts received by the Secretary in exchange for the fee title of the real property described in subsection (a) shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section. (B) Interim lease \nAmounts received by the Secretary for the interim lease of the real property described in subsection (a) shall be deposited in the special account in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, and shall be available for use in accordance with paragraph (1)(D) of such subsection. (d) Payment of costs of conveyance \n(1) In general \nThe Secretary of the Navy shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a) and interim lease under subsection (b), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts \nIf amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a) and interim lease under subsection (b), the Secretary shall refund the excess amount to the City. (e) Condition of conveyance \nConveyance of real property shall be subject to all existing easements, restrictions, and covenants of record and conditioned upon the following: (1) Real property shall be used for municipal park and recreational purposes, which may include ancillary uses such as vending and restrooms. (2) The City shall not use Federal funds to cover any portion of the amounts required by subsections (c) and (d) to be paid by the City. (f) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (g) Exclusion of requirements for prior screening by General Services Administration for additional Federal use \nSection 2696(b) of title 10, United States Code, does not apply to the conveyance of real property authorized under subsection (a). (h) Additional terms \nThe Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H9F67F0A5880D438A91D97C6F652D9208", "header": "Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina" }, { "text": "2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia \n(a) Conveyance authorized \n(1) In general \nThe Secretary of the Navy may convey to the City of Virginia Beach, Virginia (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property located at 4200 C Avenue, Virginia Beach, Virginia, including any improvements thereon, consisting of approximately 8 acres. (2) Authority to void land use restrictions \nThe Secretary may void any land use restrictions associated with the property to be conveyed under paragraph (1). (b) Consideration \n(1) In general \nAs consideration for the conveyance under subsection (a)(1), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described in paragraph (2), or a combination thereof. (2) In-kind consideration \nIn-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Naval Air Station Oceana, Virginia, that the Secretary considers acceptable. (3) Disposition of funds \nCash received in exchange for the fee title of the property conveyed under subsection (a)(1) shall be deposited in the special account in the Treasury established under subparagraph (A) of section 572(b)(5) of title 40, United States Code, and shall be available for use in accordance with subparagraph (B)(ii) of such section. (c) Payment of costs of conveyance \n(1) Payment required \nThe Secretary of the Navy shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(1), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. (2) Refund of excess amounts \nIf amounts are collected under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a)(1), the Secretary shall refund the excess amount to the City. (3) Treatment of amounts received \nAmounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance under subsection (a)(1). Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of property \nThe exact acreage and legal description of the parcel of real property to be conveyed under subsection (a)(1) shall be determined by a survey satisfactory to the Secretary of the Navy. (e) Additional terms and conditions \nThe Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a)(1) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H636384D9043246D8ABB1959B3F0B87D0", "header": "Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia" }, { "text": "2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia \n(a) Conveyance authorized \n(1) In general \nThe Secretary of the Navy may convey to the School Board of the City of Virginia Beach, Virginia (in this section referred to as VBCPS ) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.77 acres at Naval Air Station Oceana, Virginia Beach, Virginia, located at 121 West Lane (GPIN: 2407-94-0772) for the purpose of permitting VBCPS to use the property for educational purposes. (2) Continuation of existing easements, restrictions, and covenants \nThe conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act. (b) Consideration \n(1) Consideration required; amount \nAs consideration for the conveyance under subsection (a), VBCPS shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property to be conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final of the property to be conveyed. (2) Form of consideration \nThe consideration required by paragraph (1) may be in the form of a cash payment, in-kind consideration as described in paragraph (3), or a combination thereof, as acceptable to the Secretary. Cash consideration shall be deposited in the special account in the Treasury established under section 572 of title 40, United States Code, and the entire amount deposited shall be available for use in accordance with subsection (b)(5)(ii) of such section. (3) In-kind consideration \nThe Secretary may accept as in-kind consideration under this subsection the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or the delivery of services, relating to the needs of Naval Air Station Oceana. (c) Payment of costs of conveyance \n(1) Payment required \nThe Secretary of the Navy shall require VBCPS to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to VBCPS. (2) Treatment of amounts received \nAmounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Limitation on source of funds \nVBCPS may not use Federal funds to cover any portion of the costs required by subsections (b) and (c) to be paid by VBCPS. (e) Description of property \nThe exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (f) Additional terms and conditions \nThe Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H4C27B3145DDF4F5093DA88D9065B4315", "header": "Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia" }, { "text": "2861. Pilot program on increased use of sustainable building materials in military construction \n(a) Pilot Program required \nEach Secretary of a military department shall conduct a pilot program to evaluate the effect that the use of sustainable building materials as the primary construction material in military construction may have on the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of military construction. (b) Project selection and locations \n(1) Minimum number of projects \nEach Secretary of a military department shall carry out at least one military construction project under the pilot program. (2) Project locations \nThe pilot program shall be conducted at military installations in the continental United States— (A) that are identified as vulnerable to extreme weather events; and— (B) for which a military construction project is authorized but a request for proposal has not been released. (c) Inclusion of military Unaccompanied Housing project \nThe Secretaries of the military departments shall coordinate the selection of military construction projects to be carried out under the pilot program so that at least one of the military construction projects involves construction of military unaccompanied housing. (d) Duration of program \nThe authority of the Secretary of a military department to carry out a military construction project under the pilot program shall expire on September 30, 2024. Any construction commenced under the pilot program before the expiration date may continue to completion. (e) Reporting Requirement \n(1) Report required \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2024, the Secretaries of the military departments shall submit to the congressional defense committees a report on the progress of the pilot program. (2) Report elements \nThe report shall include the following: (A) A description of the status of the military construction projects selected to be conducted under the pilot program. (B) An explanation of the reasons why those military construction projects were selected. (C) An analysis of the following: (i) The projected or actual carbon footprint over the full life cycle of the various sustainable building materials evaluated in the pilot program. (ii) The life cycle costs of the various sustainable building materials evaluated in the pilot program. (iii) The resilience to extreme weather events of the various sustainable building materials evaluated in the pilot program. (iv) Any impact on construction timeliness of using the various sustainable building materials evaluated in the pilot program. (v) The cost effectiveness of the military construction projects conducted under the pilot program using sustainable building materials as compared to other materials historically used in military construction. (D) Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of sustainable building materials, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible. (f) Sustainable building materials defined \nIn this section, the term sustainable building material means any building material the use of which will reduce carbon emissions over the life cycle of the building. The term includes mass timber, concrete, and other carbon-reducing materials.", "id": "HD01F0185E8A342F588BEB9869B6FD0A9", "header": "Pilot program on increased use of sustainable building materials in military construction" }, { "text": "2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force \n(a) Pilot Program required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall establish a pilot program to authorize installations of the Department of the Air Force to establish a reimbursable account for the purpose of being reimbursed for the use of testing facilities on such installation. (b) Installations selected \nThe Secretary of the Air Force shall select not more than two installations of the Department of the Air Force to participate in the pilot program from among any such installations that are part of the Air Force Flight Test Center construct and are currently funded for Facility, Sustainment, Restoration, and Modernization (FSRM) through the Research, Development, Test, and Evaluation account of the Department of the Air Force. (c) Oversight of funds \n(1) Installation commander \nThe commander of an installation selected for the pilot program shall have direct oversight over 50 percent of the funds allocated to the installation for Facility, Sustainment, Restoration, and Modernization. (2) Air force civil engineer center commander \nThe Commander of the Air Force Civil Engineer Center shall have direct oversight over the remaining 50 percent of Facility, Sustainment, Restoration, and Modernization funds allocated to an installation selected for the pilot program. (d) Briefing and report \n(1) Briefing \nNot later than 30 days after establishing the pilot program, the Secretary of the Air Force shall brief the congressional defense committees on the pilot program. (2) Annual report \nNot later than one year after establishing the pilot program under subsection (a), and annually thereafter through the year following termination of the pilot program, the Secretary of the Air Force shall submit to the congressional defense committees a report on the pilot program. (e) Termination \nThe pilot program shall terminate on December 1, 2026.", "id": "H676A30A10D2D4D52A7FACEC31D4531F2", "header": "Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force" }, { "text": "2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific \nThe Secretary of the Navy shall designate an administrative position within the Naval Facilities Engineering Systems Command Pacific for the purpose of improving the continuity of management and oversight of real property and infrastructure assets in the Pacific Area of Responsibility related to the training needs of the Armed Forces, particularly regarding leased property for which the lease will expire within 10 years after the date of the enactment of this Act.", "id": "HC53D3197C7E240FEA238E70D0CBD50B8", "header": "Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific" }, { "text": "2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i \n(a) Annual briefing required \nNot later than February 1 of each year, the Secretary of Defense shall brief the congressional defense committee on the progress being made by the Department of Defense to renew each Department of Defense land lease and easement in the State of Hawai‘i that— (1) encompasses one acre or more; and (2) will expire within 10 years after the date of the briefing. (b) Required elements of briefing \nEach briefing provided under subsection (a) shall include the following: (1) The location, size, and expiration date of each lease and easement described in such subsection. (2) Major milestones and expected timelines for maintaining access to the land covered by such lease and easement. (3) Actions completed over the preceding two years for such lease and easement. (4) Department-wide and service-specific authorities governing the extension of such lease and easement. (5) A summary of coordination efforts between the Secretary of Defense and the Secretaries of the military departments. (6) The status of efforts to develop an inventory of military land in Hawai‘i, including current and possible future uses of the land, that would assist in land negotiations with the State of Hawai‘i. (7) The risks and potential solutions to ensure the renewability of required and critical leases and easements.", "id": "HAA1279E77FDE4C069A20748D851755BF", "header": "Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i" }, { "text": "2873. Hawai‘i Military Land Use Master Plan \n(a) Update of Master Plan Required \nNot later than December 31, 2025, the Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan, which was first produced by the Department of Defense in 1995 and last updated in 2021. (b) Elements \nIn updating the Hawai‘i Military Land Use Master Plan as required by subsection (a), the Commander of the United States Indo-Pacific Command shall consider, address, and include the following: (1) The priorities of each individual Armed Force and joint priorities within the State of Hawai‘i. (2) The historical background of Armed Forces and Department of Defense use of lands in Hawai‘i and the cultural significance of the historical land holdings. (3) A summary of all leases and easements held by the Department of Defense. (4) An overview of Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Hawai‘i National Guard, and Hawai‘i Air National Guard assets in the State, including the following for each asset: (A) The location and size of facilities. (B) Any tenet commands. (C) Training lands. (D) Purpose of the asset. (E) Priorities for the asset for the next five years, including any planned divestitures and expansions. (5) A summary of encroachment planning efforts. (6) A summary of efforts to synchronize the inter-service use of training lands and ranges. (c) Cooperation \nThe Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan under this section in conjunction with the Deputy Assistant Secretary of Defense for Real Property. (d) Submission of updated plan \nNot later than 30 days after the date of the completion of the update to the Hawai‘i Military Land Use Master Plan required by subsection (a), the Commander of the United States Indo-Pacific Command shall submit the updated master plan to the Committees on Armed Services of the Senate and the House of Representatives.", "id": "HC85D01AEB94345F289756C29E9BD5D6C", "header": "Hawai‘i Military Land Use Master Plan" }, { "text": "2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities \nSection 2861 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 10 U.S.C. 113 note; 133 Stat. 1899) is amended by striking requirements of national model fire codes developed by the National Fire Protection Association and the International Code Council and inserting NFPA 1, Fire Code of the National Fire Protection Association and applicable requirements of the international building code and international fire code of the International Code Council.", "id": "HB7DA81BA23D742D2801529A3B3C60630", "header": "Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities" }, { "text": "2882. GAO review and report of military construction contracting at military installations inside the United States \n(a) Review required \nThe Comptroller General of the United States shall perform a review to assess the contracting approaches authorized pursuant to section 2802 of title 10, United States Code, used to maintain and upgrade military installations inside the United States. (b) Elements of review \nIn conducting the review required by subsection (a), the Comptroller General should consider, to the extent practicable, such issues as the following: (1) The extent to which the Department of Defense uses competitive procedures when awarding contracts to contractors to maintain or upgrade military installations inside the United States. (2) The number of contractors awarded such a contract that are considered a small business, and the percentage that these contracts comprise of all such contracts. (3) The extent to which the primary business location of each contractor awarded such a contract is located within 60 miles of the military installation where the contract is to be performed. (4) The extent to which contractors awarded such a contract in turn use subcontractors and suppliers whose primary business location is located within 60 miles of the military installation where the contract is to be performed. (5) The extent to which the source selection procedures used by the responsible contracting organization considers whether offerors are small businesses or are businesses that are located within 60 miles of the military installation where the contract is to be performed. (6) Any other matters the Comptroller General determines relevant to the review. (c) Report required \nNot later than March 31, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review required by subsection (a). (d) Small business defined \nIn this section, the term small business means a contractor that is a small-business concern as such term is defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ).", "id": "H94BD31B5246242BA90F0DC0262D0ADDA", "header": "GAO review and report of military construction contracting at military installations inside the United States" }, { "text": "3101. National Nuclear Security Administration \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects \nFrom funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 22–D–513, Power Sources Capability, Sandia National Laboratories, Albuquerque, New Mexico, $13,827,000. Project 22–D–514, Digital Infrastructure Capability Expansion, Lawrence Livermore National Laboratory, Livermore, California, $8,000,000. Project 22–D–531, KL Chemistry and Radiological Health Building, Knolls Atomic Power Laboratory, Schenectady, New York, $41,620,000. Project 22–D–532, KL Security Upgrades, Knolls Atomic Power Laboratory, Schenectady, New York, $5,100,000. Shipping & Receiving (Exterior), Los Alamos National Laboratory, Los Alamos, New Mexico, $9,700,000. TCAP Restoration Column A, Savannah River Site, Aiken, South Carolina, $4,700,000.", "id": "H75D0C573AD1043C5B250B37000BCFFA4", "header": "National Nuclear Security Administration" }, { "text": "3102. Defense environmental cleanup \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects \nFrom funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 22–D–401, 400 Area Fire Station, Hanford Site, Richland, Washington, $15,200,000. Project 22–D–402, 200 Area Water Treatment Facility, Hanford Site, Richland, Washington, $12,800,000. Project 22–D–403, Idaho Spent Nuclear Fuel Staging Facility, Idaho National Laboratory, Idaho Falls, Idaho, $3,000,000. Project 22–D–404, Additional ICDF Landfill Disposal Cell and Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls, Idaho, $5,000,000.", "id": "H235C2DB56B3C483185B68F5977C010B9", "header": "Defense environmental cleanup" }, { "text": "3103. Other defense activities \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for other defense activities in carrying out programs as specified in the funding table in section 4701.", "id": "H723FD23017034E43ACCC67D7D915B35E", "header": "Other defense activities" }, { "text": "3104. Nuclear energy \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for nuclear energy as specified in the funding table in section 4701.", "id": "HAD325149FD9740C1959902798CA79BA6", "header": "Nuclear energy" }, { "text": "3111. Plutonium pit production capacity \n(a) Certifications \nSection 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a ) is amended by adding at the end the following new subsections: (d) Certifications on plutonium enterprise \n(1) Requirement \nNot later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project. (2) Failure to certify \nIf the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph (1) by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph. (e) Reports \n(1) Requirement \nNot later than March 1 of each year during the period beginning on the date on which the first covered project achieves critical decision 2 in the acquisition process and ending on the date on which the second project achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the planned production goals of both covered projects during the first 10 years of the operation of the projects. (2) Elements \nEach report under paragraph (1) shall include— (A) the number of war reserve plutonium pits planned to be produced during each year, including the associated warhead type; (B) a description of risks and challenges to meeting the performance baseline for the covered projects, as approved in critical decision 2 in the acquisition process; (C) options available to the Administrator to balance scope, costs, and production requirements at the projects to decrease overall risk to the plutonium enterprise and enduring plutonium pit requirements; and (D) an explanation of any changes to the production goals or requirements as compared to the report submitted during the previous year. (f) Covered project defined \nIn this subsection, the term covered project means— (1) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or (2) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).. (b) Briefing \nNot later than May 1, 2022, the Administrator for Nuclear Security and the Director for Cost Estimating and Program Evaluation shall jointly provide to the congressional defense committees a briefing on the ability of the National Nuclear Security Administration to carry out the plutonium enterprise of the Administration, including with respect to the adequacy of the program management staff of the Administration to execute covered projects (as defined in subsection (f) of section 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a ), as amended by subsection (a)).", "id": "HD6646CFFAFE04101A1B122FC37D54452", "header": "Plutonium pit production capacity" }, { "text": "3112. Improvements to cost estimates informing analyses of alternatives \n(a) In general \nSubtitle A of title XLVII of the Atomic Energy Defense Act ( 50 U.S.C. 2741 et seq. ) is amended by adding at the end the following new section: 4718. Improvements to cost estimates informing analyses of alternatives \n(a) Requirement for analyses of alternatives \nThe Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of project engineering and design funds \nIn the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if— (1) the Administrator— (A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification.. (b) Clerical amendment \nThe table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4717 the following new item: Sec. 4718. Improvements to cost estimates informing analyses of alternatives..", "id": "H33F289F89294444BA43834D6BC50AF06", "header": "Improvements to cost estimates informing analyses of alternatives" }, { "text": "4718. Improvements to cost estimates informing analyses of alternatives \n(a) Requirement for analyses of alternatives \nThe Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of project engineering and design funds \nIn the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if— (1) the Administrator— (A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification.", "id": "H3A73DD1E1B9A43A486C3B983BD8CE092", "header": "Improvements to cost estimates informing analyses of alternatives" }, { "text": "3113. University-based defense nuclear policy collaboration program \nTitle XLVIII of the Atomic Energy Defense Act ( 50 U.S.C. 2781 et seq. ) is amended by adding at the end the following new section (and conforming the table of contents accordingly): 4853. University-based defense nuclear policy collaboration program \n(a) Program \nThe Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814. (b) Purposes \nThe purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. (2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. (3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats. (c) Duties \n(1) Support \nThe Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants. (2) Individuals described \nThe individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to— (A) defense nuclear nonproliferation; (B) arms control; (C) nuclear deterrence; (D) the study of foreign nuclear programs; (E) nuclear security; or (F) educating and training the next generation of defense nuclear policy experts..", "id": "H5D05447C2A7D43B09AEB13519A9DE0E5", "header": "University-based defense nuclear policy collaboration program" }, { "text": "4853. University-based defense nuclear policy collaboration program \n(a) Program \nThe Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814. (b) Purposes \nThe purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. (2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. (3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats. (c) Duties \n(1) Support \nThe Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants. (2) Individuals described \nThe individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to— (A) defense nuclear nonproliferation; (B) arms control; (C) nuclear deterrence; (D) the study of foreign nuclear programs; (E) nuclear security; or (F) educating and training the next generation of defense nuclear policy experts.", "id": "H10F117A8472B4821B73352776A970C8D", "header": "University-based defense nuclear policy collaboration program" }, { "text": "3114. Defense environmental cleanup programs \n(a) Establishment of programs \nSubtitle A of title XLIV of the Atomic Energy Defense Act ( 50 U.S.C. 2581 et seq. ) is amended by inserting after section 4406 the following new section (and conforming the table of contents at the beginning of such Act accordingly): 4406A. Other programs relating to technology development \n(a) Incremental Technology Development Program \n(1) Establishment \nThe Secretary may establish a program, to be known as the Incremental Technology Development Program , to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office. (2) Focus \n(A) Improvements \nIn carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including— (i) decontamination chemicals and techniques; (ii) remote sensing and wireless communication to reduce manpower and laboratory efforts; (iii) detection, assay, and certification instrumentation; and (iv) packaging materials, methods, and shipping systems. (B) Other areas \nThe Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A). (3) Use of new and emerging technologies \n(A) Development and demonstration \nIn carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations. (B) Collaboration required \nThe Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program. (4) Agreements to carry out projects \n(A) Authority \nIn carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2). (B) Selection \nThe Secretary shall select projects under subparagraph (A) through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (C) Cost-sharing \nThe Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent. (D) Briefing \nNot later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (b) High-Impact Technology Development Program \n(1) Establishment \nThe Secretary shall establish a program, to be known as the High-Impact Technology Development Program , under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission— (A) holistically address difficult challenges; (B) hold the promise of breakthrough improvements; or (C) align existing or in-use technologies with difficult challenges. (2) Areas of focus \nThe Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following: (A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on— (i) real-time field acquisition; and (ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration. (B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex. (C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of— (i) remediation systems; and (ii) noninvasive near-field monitoring techniques. (D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on— (i) rapid and nondestructive examination and assay techniques; and (ii) methods to determine radio-nuclide, heavy metals, and organic constituents. (E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites. (F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment. (G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates— (i) to address engineering adaptations; (ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and (iii) to enable successful deployment at full-scale and in support of operations. (H) Developing and demonstrating rapid testing protocols that— (i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community; (ii) can be used to measure long-term waste form performance under realistic disposal environments; (iii) can determine whether a stabilized waste is suitable for disposal; and (iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal. (I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury. (J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines. (3) Project selection \n(A) Selection \nThe Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (B) Briefing \nNot later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (c) Environmental Management University Program \n(1) Establishment \nThe Secretary shall establish a program, to be known as the Environmental Management University Program , to— (A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise; (B) provide institutions of higher education and the Department access to advances in engineering and science; (C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and (D) encourage current employees of the Department to pursue advanced degrees. (2) Areas of focus \nThe Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following: (A) The atomic- and molecular-scale chemistries of waste processing. (B) Contaminant immobilization in engineered and natural systems. (C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine. (D) Elucidating and exploiting complex speciation and reactivity far from equilibrium. (E) Understanding and controlling chemical and physical processes at interfaces. (F) Harnessing physical and chemical processes to revolutionize separations. (G) Tailoring waste forms for contaminants in harsh chemical environments. (H) Predicting and understanding subsurface system behavior and response to perturbations. (3) Individual research grants \nIn carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period. (4) Grants for interdisciplinary collaborations \nIn carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects. (5) Hiring of undergraduates \nIn carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management. (6) Workshops \nIn carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions. (d) Definitions \nIn this section: (1) The term complex means all sites managed in whole or in part by the Office. (2) The term Department means the Department of Energy. (3) The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) The term mission means the mission of the Office. (5) The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) The term Office means the Office of Environmental Management of the Department. (7) The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.. (b) Independent assessment of defense environmental cleanup programs \n(1) Independent assessment \nNot later than one year after the date of the enactment of this Act, the Chief of Engineers of the Army shall develop and transmit to the Secretary of Energy and the congressional defense committees an independent assessment of the lifecycle costs and schedules of the defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy. (2) Focus of assessment \nThe Chief of Engineers shall ensure that the assessment under paragraph (1) is focused on— (A) identifying key remaining technical risks and uncertainties of the defense environmental cleanup programs; and (B) providing recommendations to the Secretary and to the congressional defense committees with respect to the annual funding levels for the Incremental Technology Development Program and the High-Impact Technology Development Program established under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), that will ensure maximum cost-savings over the life of the defense environmental cleanup programs of the Office. (3) No effect on program implementation \nNothing in this subsection affects the establishment, implementation, or carrying out of any project or program under any other provision of law, including under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), or under any existing agreement or consent decree to which the Department is a party, during the period in which the assessment under paragraph (1) is carried out.", "id": "H403D2C7B31194C33B0020219DC04D2A7", "header": "Defense environmental cleanup programs" }, { "text": "4406A. Other programs relating to technology development \n(a) Incremental Technology Development Program \n(1) Establishment \nThe Secretary may establish a program, to be known as the Incremental Technology Development Program , to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office. (2) Focus \n(A) Improvements \nIn carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including— (i) decontamination chemicals and techniques; (ii) remote sensing and wireless communication to reduce manpower and laboratory efforts; (iii) detection, assay, and certification instrumentation; and (iv) packaging materials, methods, and shipping systems. (B) Other areas \nThe Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A). (3) Use of new and emerging technologies \n(A) Development and demonstration \nIn carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations. (B) Collaboration required \nThe Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program. (4) Agreements to carry out projects \n(A) Authority \nIn carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2). (B) Selection \nThe Secretary shall select projects under subparagraph (A) through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (C) Cost-sharing \nThe Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent. (D) Briefing \nNot later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (b) High-Impact Technology Development Program \n(1) Establishment \nThe Secretary shall establish a program, to be known as the High-Impact Technology Development Program , under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission— (A) holistically address difficult challenges; (B) hold the promise of breakthrough improvements; or (C) align existing or in-use technologies with difficult challenges. (2) Areas of focus \nThe Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following: (A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on— (i) real-time field acquisition; and (ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration. (B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex. (C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of— (i) remediation systems; and (ii) noninvasive near-field monitoring techniques. (D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on— (i) rapid and nondestructive examination and assay techniques; and (ii) methods to determine radio-nuclide, heavy metals, and organic constituents. (E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites. (F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment. (G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates— (i) to address engineering adaptations; (ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and (iii) to enable successful deployment at full-scale and in support of operations. (H) Developing and demonstrating rapid testing protocols that— (i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community; (ii) can be used to measure long-term waste form performance under realistic disposal environments; (iii) can determine whether a stabilized waste is suitable for disposal; and (iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal. (I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury. (J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines. (3) Project selection \n(A) Selection \nThe Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (B) Briefing \nNot later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (c) Environmental Management University Program \n(1) Establishment \nThe Secretary shall establish a program, to be known as the Environmental Management University Program , to— (A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise; (B) provide institutions of higher education and the Department access to advances in engineering and science; (C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and (D) encourage current employees of the Department to pursue advanced degrees. (2) Areas of focus \nThe Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following: (A) The atomic- and molecular-scale chemistries of waste processing. (B) Contaminant immobilization in engineered and natural systems. (C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine. (D) Elucidating and exploiting complex speciation and reactivity far from equilibrium. (E) Understanding and controlling chemical and physical processes at interfaces. (F) Harnessing physical and chemical processes to revolutionize separations. (G) Tailoring waste forms for contaminants in harsh chemical environments. (H) Predicting and understanding subsurface system behavior and response to perturbations. (3) Individual research grants \nIn carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period. (4) Grants for interdisciplinary collaborations \nIn carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects. (5) Hiring of undergraduates \nIn carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management. (6) Workshops \nIn carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions. (d) Definitions \nIn this section: (1) The term complex means all sites managed in whole or in part by the Office. (2) The term Department means the Department of Energy. (3) The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) The term mission means the mission of the Office. (5) The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) The term Office means the Office of Environmental Management of the Department. (7) The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.", "id": "HEBA70D5133AE4C26BD862C962FD4A0C9", "header": "Other programs relating to technology development" }, { "text": "3115. Modification of requirements for certain construction projects \n(a) Increase in minor construction threshold for plant projects \nSection 4701(2) of the Atomic Energy Defense Act ( 50 U.S.C. 2741(2) ) is amended by striking $20,000,000 and inserting $25,000,000. (b) Notification requirement for certain minor construction projects \n(1) In general \nSection 4703 of the Atomic Energy Defense Act ( 50 U.S.C. 2743 ) is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): (d) Notification required for certain projects \nNotwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until— (1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and (2) a period of 15 days has elapsed after the date on which such notification is received.. (2) Conforming repeal \nSection 3118(c) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 50 U.S.C. 2743 note) is repealed. (c) Increase in construction design threshold \nSection 4706(b) of the Atomic Energy Defense Act ( 50 U.S.C. 2746(b) ) is amended by striking $2,000,000 each place it appears and inserting $5,000,000.", "id": "H1595DEBB702C4820974A986382425157", "header": "Modification of requirements for certain construction projects" }, { "text": "3116. Updates to infrastructure modernization initiative \nSection 3111(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 50 U.S.C. 2402 note) is amended— (1) in paragraph (1), by striking reduce the deferred maintenance and repair needs of the nuclear security enterprise by not less than 30 percent by 2025 and inserting reduce the total deferred maintenance per replacement plant value of the nuclear security enterprise by not less than 45 percent by 2030 ; (2) in paragraph (2)(A)(i)(II), by striking $50,000,000 and inserting $75,000,000 ; (3) in paragraph (3)— (A) in the paragraph heading, by striking Initial plan and inserting Plan required ; and (B) in the matter preceding subparagraph (A)— (i) by striking 2018 and inserting 2022 ; and (ii) by striking an initial plan and inserting a plan ; (4) in paragraph (4)— (A) by striking 2024 and inserting 2023 ; and (B) by striking 2025 and inserting 2030 ; and (5) by adding at the end the following new paragraphs: (5) Annual reports \nNot later than March 1, 2023, and annually thereafter through 2030, the Administrator for Nuclear Security shall submit to the congressional defense committees a report with respect to whether the updated plan under paragraph (3) is being implemented in a manner adequate to achieve the goal specified in paragraph (1)..", "id": "HA5C9B947F14A4A61AA704D7D8B83C25C", "header": "Updates to infrastructure modernization initiative" }, { "text": "3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel \nSection 4601(c)(1) of the Atomic Energy Defense Act ( 50 U.S.C. 2701(c)(1) ) is amended by striking September 30, 2021 and inserting September 30, 2026.", "id": "HBD131FE323534547A12EF52266AA548F", "header": "Extension of authority for appointment of certain scientific, engineering, and technical personnel" }, { "text": "3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide \n(a) In general \nSection 3132 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( 50 U.S.C. 2569 ) is— (1) transferred to title XLIII of the Atomic Energy Defense Act ( 50 U.S.C. 2565 et seq. ); (2) redesignated as section 4306B; (3) inserted after section 4306A; and (4) amended, in subsection (f)(6), by striking December 31, 2023 and inserting December 31, 2028. (b) Clerical amendment \nThe table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4306A the following new item: Sec. 4306B. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide..", "id": "H5A9EC96040D9435D9DB0DB90F90FC67B", "header": "Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide" }, { "text": "3119. Extension of enhanced procurement authority to manage supply chain risk \nSection 4806(g) of the Atomic Energy Defense Act ( 50 U.S.C. 2786(g) ) is amended by striking June 30, 2023 and inserting December 31, 2028.", "id": "H4C9F56BF323B4ED18909D58704383448", "header": "Extension of enhanced procurement authority to manage supply chain risk" }, { "text": "3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads \n(a) Prohibition \nExcept as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the National Nuclear Security Administration may be obligated or expended to reconvert or retire a W76–2 warhead. (b) Waiver \nThe Administrator for Nuclear Security may waive the prohibition in subsection (a) if the Administrator, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees— (1) that Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active stockpiles of the respective country; or (2) that the Department of Defense does not have a valid military requirement for the W76–2 warhead.", "id": "HE72928B7E28845BFBCA4B41F65DC9978", "header": "Prohibition on availability of funds to reconvert or retire W76–2 warheads" }, { "text": "3121. Portfolio management framework for National Nuclear Security Administration \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall— (1) in consultation with the Nuclear Weapons Council established under section 179 of title 10, United States Code, develop and implement a portfolio management framework for the nuclear security enterprise that— (A) defines the National Nuclear Security Administration’s portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs; (B) establishes a portfolio governance structure, including portfolio-level selection criteria, prioritization criteria, and performance metrics; (C) outlines the approach of the National Nuclear Security Administration to managing that portfolio; and (D) incorporates the leading practices identified by the Comptroller General of the United States in the report titled Nuclear Security Enterprise: NNSA Should Use Portfolio Management Leading Practices to Support Modernization Efforts (GAO–21–398) and dated June 2021; and (2) complete an integrated, comprehensive assessment of the portfolio management capabilities required to execute the weapons activities portfolio of the National Nuclear Security Administration. (b) Briefing requirement \nNot later than June 1, 2022, the Administrator shall provide to the congressional defense committees a briefing on— (1) the progress of the Administrator in developing the framework described in paragraph (1) of subsection (a) and completing the assessment required by paragraph (2) of that subsection; and (2) the plans of the Administrator for implementing the recommendations of the Comptroller General in the report referred to in paragraph (1)(D) of that subsection. (c) Nuclear security enterprise defined \nIn this section, the term nuclear security enterprise has the meaning given that term in section 4002 of the Atomic Energy Defense Act ( 50 U.S.C. 2501 ).", "id": "H0A517C23699F4C6BB53A25BC5588BAA1", "header": "Portfolio management framework for National Nuclear Security Administration" }, { "text": "3131. Modifications to certain reporting requirements \n(a) Notification of employee practices affecting national security \nSection 3245 of the National Nuclear Security Administration Act ( 50 U.S.C. 2443 ) is amended by striking subsections (a) and (b) and inserting the following new subsections: (a) Annual notification of security clearance revocations \nAt or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, the Administrator shall notify the appropriate congressional committees of— (1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and (2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation. (b) Annual notification of terminations and removals \nNot later than December 31 of each year, the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year.. (b) Reports on certain transfers of civil nuclear technology \nSection 3136(a) of the National Defense Authorization Act for Fiscal Year 2016 ( 42 U.S.C. 2077a(a) ) is amended— (1) in the matter preceding paragraph (1), by striking Not less frequently than every 90 days, and inserting At the same time as the President submits to Congress the annual budget request under section 1105 of title 31, United States Code, for a fiscal year, ; (2) in paragraph (1), by striking the preceding 90 days and inserting the preceding year ; and (3) in the heading, by striking Report and inserting Annual reports. (c) Certain annual reviews by Nuclear Science Advisory Committee \nSection 3173(a)(4)(B) of the National Defense Authorization Act for Fiscal Year 2013 ( 42 U.S.C. 2065(a)(4)(B) ) is amended by striking annual reviews and inserting triennial reviews.", "id": "H120EDB4DDDDD43B2AC783850B8EF1F30", "header": "Modifications to certain reporting requirements" }, { "text": "3132. Modification to terminology for reports on financial balances for atomic energy defense activities \nSection 4732 of the Atomic Energy Defense Act ( 50 U.S.C. 2772 ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (G), by striking committed and inserting encumbered ; (B) in subparagraph (H), by striking uncommitted and inserting unencumbered ; and (C) in subparagraph (I), by striking uncommitted and inserting unencumbered ; and (2) in subsection (c)— (A) by striking paragraphs (1) and (3); (B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (3), respectively; (C) in paragraph (1), as redesignated by subparagraph (B), by striking by the contractor and inserting from the contractor ; (D) by inserting after paragraph (1), as so redesignated, the following new paragraph (2): (2) Encumbered \nThe term encumbered , with respect to funds, means the funds have been obligated to a contract and are being held for a specific known purpose by the contractor. ; (E) in paragraph (3), as so redesignated, by striking by the contractor and inserting from the contractor ; and (F) by inserting after paragraph (3), as so redesignated, the following new paragraph (4): (4) Unencumbered \nThe term unencumbered , with respect to funds, means the funds have been obligated to a contract and are not being held for a specific known purpose by the contractor..", "id": "HBFFA41BF3FE8472BAA161339A056FFA5", "header": "Modification to terminology for reports on financial balances for atomic energy defense activities" }, { "text": "3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile \nSection 4205(e)(3) of the Atomic Energy Defense Act ( 50 U.S.C. 2525(e)(3) ) is amended— (1) in subparagraph (A), by inserting , including with respect to cyber assurance, after methods ; and (2) in subparagraph (B), by inserting , and the confidence of the head in such tools and methods after the assessments.", "id": "H09AB72B22A3D49289282551892D140BF", "header": "Improvements to annual reports on condition of the United States nuclear weapons stockpile" }, { "text": "3134. Report on plant-directed research and development \nSection 4812A of the Atomic Energy Defense Act ( 50 U.S.C. 2793 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): (b) Plant-directed research and development \n(1) In general \nThe report required by subsection (a) shall include, with respect to plant-directed research and development, the following: (A) A financial accounting of expenditures for such research and development, disaggregated by nuclear weapons production facility. (B) A breakdown of the percentage of research and development conducted by each such facility that is plant-directed research and development. (C) An explanation of how each such facility plans to increase the availability and utilization of funds for plant-directed research and development. (2) Plant-directed research and development defined \nIn this subsection, the term plant-directed research and development means research and development selected by the director of a nuclear weapons production facility..", "id": "HBDBB1ED8E8C145D7966B62303F1B580C", "header": "Report on plant-directed research and development" }, { "text": "3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials \nSection 3113 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 50 U.S.C. 2512 note) is amended by adding at the end the following new subsection: (e) Reports \nThe Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report— (1) identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the National Nuclear Security Administration; (2) describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps; (3) describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps; (4) setting forth the anticipated timelines and resources needed for such mitigating actions; and (5) describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal Government or the private sector to address such risks and gaps..", "id": "H93BA65FD0B784619A2AC291C57349140", "header": "Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials" }, { "text": "3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio \n(a) In general \nThe National Nuclear Security Administration shall release all of its reversionary rights without reimbursement to the building located at 4170 Allium Court, Springfield, Ohio, also known as the Advanced Technical Intelligence Center for Human Capital Development, to the Community Improvement Corporation of Clark County and the Chamber of Commerce. (b) Fee simple interest \nThe fee simple interest in the property, on which the building described in subsection (a) is located, shall be transferred from the Advanced Technical Intelligence Center for Human Capital Development to the Community Improvement Corporation of Clark County prior to or concurrent with the release of the reversionary rights of the National Nuclear Security Administration under subsection (a).", "id": "H49EB1BBFD5DA4D9AB6E8FDD97F50D5B9", "header": "Transfer of building located at 4170 Allium Court, Springfield, Ohio" }, { "text": "3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities \n(a) In general \nNot later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Administrator for Nuclear Security shall submit to the congressional defense committees and the Comptroller General of the United States a comprehensive strategy for treating, storing, and disposing of defense nuclear waste generated as a result of stockpile maintenance and modernization activities. (b) Elements \nThe strategy required by subsection (a) shall include the following: (1) A projection of the location, type, and quantity of defense nuclear waste the National Nuclear Security Administration anticipates generating as a result of stockpile maintenance and modernization activities during the periods of five and 10 fiscal years after the submission of the strategy, with a long-term outlook for the period of 25 fiscal years after such submission. (2) Budgetary estimates associated with the projection under paragraph (1) during the period of five fiscal years after the submission of the strategy. (3) A description of how the National Nuclear Security Administration plans to coordinate with the Office of Environmental Management of the Department of Energy to treat, store, and dispose of the type and quantity of waste projected to be generated under paragraph (1). (4) An identification of— (A) disposal facilities that could accept that waste; (B) disposal facilities that could accept that waste with modifications; and (C) in the case of facilities described in subparagraph (B), the modifications necessary for such facilities to accept that waste. (c) Follow-on strategy \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2027, the Administrator shall submit to the congressional defense committees a follow-on strategy to the strategy required by subsection (a) that includes— (1) the elements set forth in subsection (b); and (2) any other matters that the Administrator considers appropriate.", "id": "H5A7B952667CA42789104E1F7CB583F57", "header": "Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities" }, { "text": "3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration \n(a) Roadmap for acquisition \n(1) In general \nNot later than two years after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a roadmap for the acquisition by the Administration of high-performance computing capabilities during the 10-year period following submission of the roadmap. (2) Elements \nThe roadmap required by paragraph (1) shall include the following: (A) A description of the high-performance computing capabilities required to support the mission of the Administration as of the date on which the roadmap is submitted under paragraph (1). (B) An identification of any existing or anticipated gaps in such capabilities. (C) A description of the high-performance computing capabilities anticipated to be required by the Administration during the 10-year period following submission of the roadmap, including computational performance and other requirements, as appropriate. (D) A description of the strategy of the Administration for acquiring such capabilities. (E) An assessment of the ability of the industrial base to support that strategy. (F) Such other matters the Administrator considers appropriate. (3) Consultation and considerations \nIn developing the roadmap required by paragraph (1), the Administrator shall— (A) consult with the Secretary of Energy; and (B) take into consideration the findings of the review of the future of computing beyond exascale computing conducted by the National Academy of Sciences under section 3172 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (b) Independent assessment of high-performance computing acquisitions \n(1) In general \nThe Administrator shall seek to enter into an agreement with a federally funded research and development center to assess the first acquisition of high-performance computing capabilities by the Administration after the date of the enactment of this Act. (2) Elements \nThe assessment required by paragraph (1) of the acquisition of high-performance computing capabilities described in that paragraph shall include an assessment of the following: (A) The mission needs of the Administration met by the acquisition. (B) The evidence used to support the acquisition decision, such as an analysis of alternatives or business case analyses. (C) Market research performed by the Advanced Simulation and Computing Program related to the acquisition. (3) Report required \n(A) In general \nNot later than 90 days after entering into the arrangement under paragraph (1), the Administrator shall submit to the congressional defense committees a report on the assessment conducted under paragraph (1). (B) Form of report \nThe report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex.", "id": "H6E08317F7B1942E898ABA85588180474", "header": "Acquisition of high-performance computing capabilities by National Nuclear Security Administration" }, { "text": "3139. Study on the W80–4 nuclear warhead life extension program \n(a) Study \nNot later than 30 days after the date of the enactment of this Act, the Director for Cost Estimation and Program Evaluation shall initiate a study on the W80–4 nuclear warhead life extension program. (b) Matters included \nThe study under subsection (a) shall include the following: (1) An explanation of any increases in actual or projected costs of the W80–4 nuclear warhead life extension program. (2) An analysis of projections of total program costs and planned program schedules. (3) An analysis of the potential impacts on other programs as a result of additional funding required to maintain the planned program schedule for the W80–4 nuclear warhead life extension program, including with respect to— (A) other life-extension programs; (B) infrastructure programs; and (C) research, development, test, and evaluation programs. (4) An analysis of the impacts that a delay of the program will have on other programs due to— (A) technical or management challenges; and (B) changes in requirements for the program. (c) Submission \nNot later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees the study under subsection (a). (d) Form \nThe study under subsection (a) shall be in unclassified form, but may include a classified annex.", "id": "H24FB7E6F89FC48AC876DD448E8FDFD13", "header": "Study on the W80–4 nuclear warhead life extension program" }, { "text": "3140. Study on Runit Dome and related hazards \n(a) Study \nNot later than 60 days after the date of enactment of this Act, the Secretary of Energy shall seek to enter into an agreement with a federally funded research and development center to conduct a study on the impacts of climate change on the Runit Dome nuclear waste disposal site in Enewetak Atoll, Marshall Islands, and on other environmental hazards due to nuclear weapons testing in the vicinity thereof. The report shall include a scientific analysis of threats to the environment and to the residents of Enewetak Atoll, including— (1) the Runit Dome nuclear waste disposal site; (2) crypts used to contain nuclear waste and other toxins on Enewetak Atoll; and (3) radionuclides and other toxins present in the lagoon of Enewetak Atoll. (b) Public comments \nIn conducting the study under subsection (a), the federally funded research and development center shall solicit public comments. (c) Report \nNot later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study conducted under subsection (a).", "id": "H00B3F096FC8B4FD78506D86DE9509562", "header": "Study on Runit Dome and related hazards" }, { "text": "3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing \n(a) Findings \nCongress makes the following findings: (1) The Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) was enacted in 1990 to provide monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during atmospheric nuclear weapons testing during the Cold War or following exposure to radiation as a result of employment in the uranium industry during the Cold War. (2) The Radiation Exposure Compensation Act expires on July 9, 2022. Unless that Act is extended, individuals who contract certain cancers and other serious diseases because of events described in paragraph (1) may be unable to claim compensation for such diseases. (b) Sense of Congress \nIt is the sense of Congress that the United States Government should continue to appropriately compensate and recognize the individuals described in subsection (a).", "id": "H56379CF473E94A6A877A11DE91727211", "header": "Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing" }, { "text": "3201. Authorization \nThere are authorized to be appropriated for fiscal year 2022, $31,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ).", "id": "HB2DE200586064E2C9B6DA06E833A83AF", "header": "Authorization" }, { "text": "3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board \nChapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ) is amended— (1) in section 311(c), in the subsection heading, by striking Chairman, Vice Chairman and inserting Chairperson, Vice Chairperson ; and (2) by striking Chairman each place it appears and inserting Chairperson.", "id": "H5E8E25EE90734C72A02A0FBCDD132A8E", "header": "References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board" }, { "text": "3401. Authorization of appropriations \n(a) Amount \nThere are hereby authorized to be appropriated to the Secretary of Energy $13,650,000 for fiscal year 2022 for the purpose of carrying out activities under chapter 869 of title 10, United States Code, relating to the naval petroleum reserves. (b) Period of availability \nFunds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.", "id": "HD4F7F953A7254DD883718C85F79255BB", "header": "Authorization of appropriations" }, { "text": "3501. Authorization of the Maritime Administration \n(a) In general \nThere are authorized to be appropriated to the Department of Transportation for fiscal year 2022 for programs associated with maintaining the United States merchant marine, the following amounts: (1) For expenses necessary for operations of the United States Merchant Marine Academy, $90,532,000, of which— (A) $85,032,000 shall be for Academy operations, which may be used to hire personnel pursuant to subsection (d) and to implement any recommendations of the Merchant Marine Academy Advisory Council established under subsection (c); and (B) $5,500,000 shall remain available until expended for capital asset management at the Academy. (2) For expenses necessary to support the State maritime academies, $50,780,000, of which— (A) $2,400,000 is for the Student Incentive Program; (B) $6,000,000 is for direct payments; (C) $3,800,000 is for training ship fuel assistance; (D) $8,080,000 is for offsetting the costs of training ship sharing; and (E) $30,500,000 is for maintenance and repair of State maritime academy training vessels. (3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $315,600,000. (4) For expenses necessary to support Maritime Administration operations and programs, $60,853,000. (5) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $10,000,000. (6) For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $318,000,000. (7) For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which— (A) $30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5) )) of loan guarantees under the program; and (B) $3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program. (8) For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United States Code, $60,000,000. (9) For expenses necessary to support maritime environmental and technical assistance activities authorized under section 50307 of title 46, United States Code, $10,000,000. (10) For expenses necessary to support marine highway program activities authorized under chapter 556 of such title, $11,000,000. (11) For expenses necessary to provide assistance to small shipyards and for the maritime training program authorized under section 54101 of title 46, United States Code, $40,000,000. (12) For expenses necessary to implement the Port and Intermodal Improvement Program, $750,000,000, to remain available until expended, except that no such funds may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs within a port of port terminal. (b) Availability of amounts \nThe amounts authorized to be appropriated under subsection (a) shall remain available as follows: (1) The amounts authorized to be appropriated under paragraphs (1)(A), (2)(A), and (4)(A) shall remain available until September 30, 2022. (2) The amounts authorized to be appropriated under paragraphs (1)(B), (2)(B), (D), and (E), (3), (4)(B), (5), (6), (7)(A), (8), and (9) shall remain available until expended without fiscal year limitation. (c) United States Merchant Marine Academy Advisory Council; unfilled vacancies \n(1) In general \nChapter 513 of title 46, United States Code, is amended by adding at the end the following new sections: 51323. United States Merchant Marine Academy Advisory Council \n(a) Establishment \nThe Secretary of Transportation shall establish an advisory council, to be known as the United States Merchant Marine Academy Advisory Council (in this section referred to as the Council ). (b) Membership \n(1) In general \nThe Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy. (2) Governmental experts \nThe number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government. (3) Employee status \nMembers of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. (c) Responsibilities \nThe Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary. (d) Personally identifiable information \nIn carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information. 51324. Unfilled vacancies \n(a) In general \nIn the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions. (b) Critical position defined \nIn this section, the term critical position means a position that contributes to the improvement of— (1) the culture or infrastructure of the Academy; (2) student health and well being; (3) Academy governance; or (4) any other priority areas identified by the Council.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new items: 51323. United States Merchant Marine Academy Advisory Council. 51324. Unfilled vacancies..", "id": "HE32FD12C40304620BF6060947C7891C3", "header": "Authorization of the Maritime Administration" }, { "text": "51323. United States Merchant Marine Academy Advisory Council \n(a) Establishment \nThe Secretary of Transportation shall establish an advisory council, to be known as the United States Merchant Marine Academy Advisory Council (in this section referred to as the Council ). (b) Membership \n(1) In general \nThe Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy. (2) Governmental experts \nThe number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government. (3) Employee status \nMembers of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. (c) Responsibilities \nThe Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary. (d) Personally identifiable information \nIn carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information.", "id": "H746BBADEC7DC4DB29569CF399907EB36", "header": "United States Merchant Marine Academy Advisory Council" }, { "text": "51324. Unfilled vacancies \n(a) In general \nIn the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions. (b) Critical position defined \nIn this section, the term critical position means a position that contributes to the improvement of— (1) the culture or infrastructure of the Academy; (2) student health and well being; (3) Academy governance; or (4) any other priority areas identified by the Council.", "id": "H6D3EFED473B445E4A04E26A47D11C2B1", "header": "Unfilled vacancies" }, { "text": "3511. Effective period for issuance of documentation for recreational vessels \nSection 12105(e)(2) of title 46, United States Code, is amended— (1) by striking subparagraphs (A) and (B) and inserting the following: (A) In general \nThe owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for a certificate of documentation for a recreational vessel or the renewal thereof. ; and (2) by redesignating subparagraph (C) as subparagraph (B).", "id": "HF576F765DCA8415198AB568A677BB946", "header": "Effective period for issuance of documentation for recreational vessels" }, { "text": "3512. Committees on maritime matters \n(a) In general \n(1) Chapter 555 of title 46, United States Code, is redesignated as chapter 504 of such title and transferred to appear after chapter 503 of such title. (2) Chapter 504 of such title, as redesignated by paragraph (1), is amended in the chapter heading by striking Miscellaneous and inserting Committees. (3) Sections 55501 and 55502 of such title are redesignated as section 50401 and section 50402 , respectively, of such title and transferred to appear in chapter 504 of such title (as redesignated by paragraph (1)). (4) The section heading for section 50401 of such title, as redesignated by paragraph (3), is amended to read as follows: United States Committee on the Marine Transportation System. (b) Conforming amendment \nSection 8332(b)(1) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (division G of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 )) is amended by striking section 55502 and inserting section 50402. (c) Clerical amendments \n(1) The analysis for chapter 504 of title 46, United States Code, as redesignated by subsection (a)(1), is amended to read as follows: Chapter 504—Committees Sec. 50401. United States Committee on the Marine Transportation System. 50402. Maritime Transportation System National Advisory Committee.. (2) The table of chapters for subtitle V of title 46, United States Code, is amended— (A) by inserting after the item relating to chapter 503 the following: 504. Committees 50401 ; and (B) by striking the item relating to chapter 555.", "id": "H80C15059932F4B538997B04B93CC2C31", "header": "Committees on maritime matters" }, { "text": "3513. Port Infrastructure Development Program \n(a) In general \n(1) Part C of subtitle V of title 46, United States Code, is amended by adding at the end the following: 543 Port Infrastructure Development Program \nSec. 54301. Port infrastructure development program. 54301. Port infrastructure development program \n. (2) Subsections (c), (d), and (e) of section 50302 of such title are redesignated as subsections (a), (b), and (c) of section 54301 of such title, respectively, and transferred to appear in chapter 543 of such title (as added by paragraph (1)). (b) Amendments to section 54301 \nSection 54301 of such title, as redesignated by subsection (a)(2), is amended— (1) in subsection (a)— (A) in paragraph (2) by striking or subsection (d) and inserting or subsection (b) ; (B) in paragraph (3)(A)(ii)— (i) in subclause (II) by striking ; or and inserting a semicolon; (ii) by striking subclause (III); and (iii) by adding at the end the following: (III) operational improvements, including projects to improve port resilience; or (IV) environmental and emission mitigation measures; including projects for— (aa) port electrification or electrification master planning; (bb) harbor craft or equipment replacements or retrofits; (cc) development of port or terminal microgrids; (dd) providing idling reduction infrastructure; (ee) purchase of cargo handling equipment and related infrastructure; (ff) worker training to support electrification technology; (gg) installation of port bunkering facilities from oceangoing vessels for fuels; (hh) electric vehicle charge or hydrogen refueling infrastructure for drayage and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or (ii) other related port activities, including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies. ; (C) in paragraph (5)— (i) in subparagraph (A) by striking or subsection (d) and inserting or subsection (b) ; and (ii) in subparagraph (B) by striking subsection (d) and inserting subsection (b) ; (D) in paragraph (6)(B)— (i) in clause (i) by striking ; and and inserting a semicolon; (ii) in clause (ii) by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) a port’s increased resilience as a result of the project. ; (E) in paragraph (7)— (i) in subparagraph (B)— (I) by striking subsection (d) in each place it appears and inserting subsection (b) ; and (II) by striking 18 percent and inserting 25 percent ; (ii) in subparagraph (C) by striking subsection (d)(3)(A)(ii)(III) and inserting subsection (b)(3)(A)(ii)(III) ; (F) in paragraph (8)— (i) in subparagraph (A) by striking or subsection (d) and inserting or subsection (b) ; and (ii) in subparagraph (B)— (I) in clause (i) by striking subsection (d) and inserting subsection (b) ; and (II) in clause (ii) by striking subsection (d) and inserting subsection (b) ; (G) in paragraph (9) by striking subsection (d) and inserting subsection (b) ; (H) in paragraph (10)— (i) in subparagraph (A), by striking subsection (d) and inserting subsection (b) ; (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (iii) by inserting after subparagraph (A) the following new subparagraph (B): (B) Efficient use of non-Federal funds \n(i) In general \nNotwithstanding any other provision of law ans subject to approval by the Secretary, in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed— (I) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and (II) any non-Federal funds obligated or expended in accordance with subclause (I) shall be credited toward the non-Federal cost share for the project for which the grant is provided. (ii) Requirements \n(I) Application \nIn order to obligate and expend non-Federal funds under clause (i), the grant recipient shall submit to the Secretary a request to obligate and expend non- Federal funds under that clause, including— (aa) a description of the activities the grant recipient intends to fund; (bb) a justification for advancing the activities described in item (aa), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and (cc) the level of risk of the activities described in item (aa). (II) Approval \nThe Secretary shall approve or disapprove each request submitted under subclause (I). (III) Compliance with applicable requirements \nAny obligation or expenditure of non-Federal funds under clause (i) shall be in compliance with all applicable requirements, including any requirements included in the grant agreement. (iii) Effect \nThe obligation or expenditure of any non-Federal funds in accordance with this subparagraph shall not— (I) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; (II) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or (III) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in clause (i). ; and (I) in paragraph (12)— (i) by striking subsection (d) and inserting subsection (b) ; and (ii) by adding at the end the following: (D) Resilience \nThe term resilience means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or manmade hazards, such as sea level rise, flooding, earthquakes, hurricanes, tsunami inundation or other extreme weather events. ; (2) in subsection (b)— (A) in the subsection heading by striking Inland and inserting Inland River ; (B) in paragraph (1) by striking subsection (c)(7)(B) and inserting subsection (a)(7)(B) ; (C) in paragraph (3)(A)(ii)(III) by striking subsection (c)(3)(B) and inserting subsection (a)(3)(B) ; and (D) in paragraph (5)(A) by striking subsection (c)(8)(B) and inserting subsection (a)(8)(B) ; and (3) in subsection (c)— (A) by striking subsection (c) or subsection (d) and inserting subsection (a) or subsection (b) ; and (B) by striking subsection (c)(2) and inserting subsection (a)(2). (c) Grants for emission mitigation measures \nFor fiscal year 2022, the Secretary may make grants under section 54301(a) of title 46, United States Code, as redesignated by subsection (a)(2) and amended by subsection (b), to provide for emission mitigation measures that provide for the use of shore power for vessels to which sections 3507 and 3508 of such title apply, if such grants meet the other requirements set out in such section 54301(a). (d) Clerical amendments \nThe table of chapters for subtitle V of title 46, United States Code, as amended by this title, is further amended by inserting after the item relating to chapter 541 the following: 543. Port Infrastructure Development Program 54301.", "id": "H1108C6B3AC0D4B98A4F22D0952AFAFC7", "header": "Port Infrastructure Development Program" }, { "text": "54301. Port infrastructure development program", "id": "H354D927C090B415A89FD24B7144E5F6A", "header": "Port infrastructure development program" }, { "text": "3514. Uses of emerging marine technologies and practices \nSection 50307 of title 46, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Uses \nThe results of activities conducted under subsection (b)(1) shall be used to inform— (1) the policy decisions of the United States related to domestic regulations; and (2) the position of the United States on matters before the International Maritime Organization..", "id": "H5BDFFDC35B384C5E9BC3610FBDF107F0", "header": "Uses of emerging marine technologies and practices" }, { "text": "3515. Prohibition on participation of long term charters in Tanker Security Fleet \n(a) Definition of long term charter \nSection 53401 of title 46, United States Code, is amended by adding at the end the following new paragraph: (8) Long term charter \nThe term long term charter means any time charter of a product tank vessel to the United States Government that, together with options, occurs for a continuous period of more than 180 days.. (b) Participation of long term charters in Tanker Security Fleet \nSection 53404(b) of such title is amended— (1) by striking The program participant of a and inserting Any ; (2) by inserting long term before charter ; (3) by inserting not before eligible ; and (4) by striking receive payments pursuant to any operating agreement that covers such vessel and inserting participate in the Fleet.", "id": "H10FE62FBD0744E7B82DFFF24C5F99134", "header": "Prohibition on participation of long term charters in Tanker Security Fleet" }, { "text": "3516. Coastwise endorsement \nNotwithstanding section 12112 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel WIDGEON (United States official number 1299656).", "id": "H9C187BDBEFE841FAAF43D9B5F4F9CBF2", "header": "Coastwise endorsement" }, { "text": "3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Director of the Office of Naval Research, the co-chairs of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act ( 16 U.S.C. 8031 ), and the heads of other relevant agencies, as determined by the Secretary, shall submit to the appropriate congressional committees a report on the combatant commands’ maritime domain awareness efforts to combat the threats posed by illegal, unreported, and unregulated fishing. (b) Contents of report \nThe report required by subsection (a) shall include a detailed summary of each of the following for each combatant command: (1) The activities undertaken to date to combat the threats posed by illegal, unreported, and unregulated fishing in the geographic area of the combatant command, including the steps taken to build partner capacity to combat such threats. (2) Coordination with the Armed Forces of the United States, partner nations, and public-private partnerships to combat such threats. (3) Efforts undertaken to support unclassified data integration, analysis, and delivery with regional partners to combat such threats. (4) Information sharing and coordination with efforts of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act ( 16 U.S.C. 8031 ). (5) Best practices and lessons learned from existing and previous efforts relating to such threats, including strategies for coordination and success in public-private partnerships. (6) Limitations related to affordability, resource constraints, or other gaps or factors that affect the success or expansion of efforts related to such threats. (7) Any new authorities needed to support efforts to combat such threats. (c) Form of report \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees \nIn this section, the term appropriate congressional committees means— (1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.", "id": "H26EC86082BE446678C39902A01CCC350", "header": "Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing" }, { "text": "3518. Authorization to purchase duplicate medals \n(a) In general \nThe Secretary of Transportation, acting through the Administrator of the Maritime Administration, may use funds appropriated for the fiscal year in which the date of the enactment of this Act occurs, or funds appropriated for any prior fiscal year, for the Maritime Administration to purchase duplicate medals authorized under the Merchant Mariners of World War II Congressional Gold Medal Act of 2020 ( Public Law 116–125 ) and provide such medals to eligible individuals who engaged in qualified service who submit an application under subsection (b) and were United States merchant mariners of World War II. (b) Application \nTo be eligible to receive a medal described in subsection (a), an eligible individual who engaged in qualified service shall submit to the Administrator an application containing such information and assurances as the Administrator may require. (c) Eligible individual who engaged in qualified service \nIn this section, the term eligible individual who engaged in qualified service means an individual who, between December 7, 1941, and December 31, 1946— (1) was a member of the United States merchant marine, including the Army Transport Service and the Navy Transport Service, serving as a crewmember of a vessel that was— (A) operated by the War Shipping Administration, the Office of Defense Transportation, or an agent of such departments; (B) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, or harbors of the United States; (C) under contract or charter to, or property of, the Government of the United States; and (D) serving in the Armed Forces; and (2) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.", "id": "H768E030A4FE64C7CB65155A852D3F88B", "header": "Authorization to purchase duplicate medals" }, { "text": "4001. Authorization of amounts in funding tables \n(a) In general \nWhenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations. (b) Merit-based decisions \n(1) In general \nA decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (A) except as provided in paragraph (2), be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and (B) comply with other applicable provisions of law. (2) Exception \nParagraph (1)(A) does not apply to a decision to commit, obligate, or expend funds on the basis of a dollar amount authorized pursuant to subsection (a) if the project, program, or activity involved— (A) is listed in section 4201; and (B) is identified as Community Project Funding through the inclusion of the abbreviation CPF immediately before the name of the project, program, or activity. (c) Relationship to transfer and programming authority \nAn amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d) Applicability to classified annex \nThis section applies to any classified annex that accompanies this Act. (e) Oral and written communications \nNo oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.", "id": "HA123E43B20BA4271B4FBF96D214BF4A8", "header": "Authorization of amounts in funding tables" }, { "text": "4101. Procurement \nSEC. 4101. PROCUREMENT (In Thousands of Dollars) Line Item FY 2022 Request Conference Authorized AIRCRAFT PROCUREMENT, ARMY FIXED WING 001 UTILITY F/W AIRCRAFT 20,000 Program increase—fixed wing avionics upgrade [20,000] 004 SMALL UNMANNED AIRCRAFT SYSTEM 16,005 16,005 ROTARY 007 AH–64 APACHE BLOCK IIIA REMAN 504,136 494,136 Unit cost growth [–10,000] 008 AH–64 APACHE BLOCK IIIA REMAN 192,230 192,230 010 UH–60 BLACKHAWK M MODEL (MYP) 630,263 841,763 UH–60 Black Hawk for Army Guard [211,500] 011 UH–60 BLACKHAWK M MODEL (MYP) 146,068 146,068 012 UH–60 BLACK HAWK L AND V MODELS 166,205 166,205 013 CH–47 HELICOPTER 145,218 397,218 Army UFR—Support minimum sustainment rate [252,000] 014 CH–47 HELICOPTER AP 18,559 47,559 Program increase—F Block II [29,000] MODIFICATION OF AIRCRAFT 017 GRAY EAGLE MODS2 3,143 33,143 Program increase—recapitalization of legacy MQ–1C to extended range MDO configuration [30,000] 018 MULTI SENSOR ABN RECON 127,665 122,910 Unjustified cost—spares [–4,755] 019 AH–64 MODS 118,560 118,560 020 CH–47 CARGO HELICOPTER MODS (MYP) 9,918 11,918 Program increase—improved vibration control [2,000] 021 GRCS SEMA MODS 2,762 2,762 022 ARL SEMA MODS 9,437 9,437 023 EMARSS SEMA MODS 1,568 1,568 024 UTILITY/CARGO AIRPLANE MODS 8,530 8,530 025 UTILITY HELICOPTER MODS 15,826 40,826 UH–72 modernization [25,000] 026 NETWORK AND MISSION PLAN 29,206 29,206 027 COMMS, NAV SURVEILLANCE 58,117 58,117 029 AVIATION ASSURED PNT 47,028 45,862 Excess to need [–1,166] 030 GATM ROLLUP 16,776 16,776 032 UAS MODS 3,840 3,840 GROUND SUPPORT AVIONICS 033 AIRCRAFT SURVIVABILITY EQUIPMENT 64,561 64,561 034 SURVIVABILITY CM 5,104 5,104 035 CMWS 148,570 148,570 036 COMMON INFRARED COUNTERMEASURES (CIRCM) 240,412 238,012 Training support cost growth [–2,400] OTHER SUPPORT 038 COMMON GROUND EQUIPMENT 13,561 13,561 039 AIRCREW INTEGRATED SYSTEMS 41,425 41,425 040 AIR TRAFFIC CONTROL 21,759 21,759 TOTAL AIRCRAFT PROCUREMENT, ARMY 2,806,452 3,357,631 MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 002 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN 35,473 35,473 003 M-SHORAD—PROCUREMENT 331,575 331,575 004 MSE MISSILE 776,696 776,696 005 PRECISION STRIKE MISSILE (PRSM) 166,130 166,130 006 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I 25,253 20,253 Maintain level of effort [–5,000] AIR-TO-SURFACE MISSILE SYSTEM 007 HELLFIRE SYS SUMMARY 118,800 115,800 Unit cost growth [–3,000] 008 JOINT AIR-TO-GROUND MSLS (JAGM) 152,177 214,177 Army UFR—Additional JAGM procurement [67,000] Unit cost growth [–5,000] 009 LONG RANGE PRECISION MUNITION 44,744 44,744 ANTI-TANK/ASSAULT MISSILE SYS 010 JAVELIN (AAWS-M) SYSTEM SUMMARY 120,842 125,842 Army UFR—Light Weight Command Launch Units [5,000] 011 TOW 2 SYSTEM SUMMARY 104,412 102,412 Excess to need [–2,000] 012 GUIDED MLRS ROCKET (GMLRS) 935,917 968,262 Army UFR—Restores GMLRS procurement [50,000] Tooling request previously funded [–17,655] 013 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 29,574 29,574 014 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 128,438 128,438 016 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS 68,278 68,278 MODIFICATIONS 017 PATRIOT MODS 205,469 205,469 021 AVENGER MODS 11,227 11,227 022 ITAS/TOW MODS 4,561 4,561 023 MLRS MODS 273,856 273,856 024 HIMARS MODIFICATIONS 7,192 7,192 SPARES AND REPAIR PARTS 025 SPARES AND REPAIR PARTS 5,019 5,019 SUPPORT EQUIPMENT & FACILITIES 026 AIR DEFENSE TARGETS 10,618 10,618 TOTAL MISSILE PROCUREMENT, ARMY 3,556,251 3,645,596 PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 001 ARMORED MULTI PURPOSE VEHICLE (AMPV) 104,727 104,727 002 ASSAULT BREACHER VEHICLE (ABV) 16,454 16,454 003 MOBILE PROTECTED FIREPOWER 286,977 286,977 MODIFICATION OF TRACKED COMBAT VEHICLES 005 STRYKER UPGRADE 1,005,028 1,120,028 Excess growth [–24,000] Program increase [139,000] 006 BRADLEY PROGRAM (MOD) 461,385 538,354 Army UFR—Improved Bradley Acquisition System upgrade [56,969] Program increase [20,000] 007 M109 FOV MODIFICATIONS 2,534 2,534 008 PALADIN INTEGRATED MANAGEMENT (PIM) 446,430 673,430 Army UFR—PIM increase [227,000] 009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) 52,059 52,059 010 ASSAULT BRIDGE (MOD) 2,136 2,136 013 JOINT ASSAULT BRIDGE 110,773 110,773 015 ABRAMS UPGRADE PROGRAM 981,337 1,350,337 Army UFR—Abrams ARNG M1A2SEPv3 fielding [369,000] 016 VEHICLE PROTECTION SYSTEMS (VPS) 80,286 80,286 WEAPONS & OTHER COMBAT VEHICLES 018 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S 31,623 31,623 019 MORTAR SYSTEMS 37,485 50,338 Army UFR—120mm mortar cannon [12,853] 020 XM320 GRENADE LAUNCHER MODULE (GLM) 8,666 8,666 021 PRECISION SNIPER RIFLE 11,040 10,040 Unit cost growth [–1,000] 023 CARBINE 4,434 4,434 024 NEXT GENERATION SQUAD WEAPON 97,087 97,087 026 HANDGUN 4,930 4,930 MOD OF WEAPONS AND OTHER COMBAT VEH 027 MK–19 GRENADE MACHINE GUN MODS 13,027 13,027 028 M777 MODS 21,976 23,771 Army UFR—Software Defined Radio-Hardware Integration Kits [1,795] 030 M2 50 CAL MACHINE GUN MODS 3,612 21,527 Army UFR—Additional M2A1s for MATVs [17,915] SUPPORT EQUIPMENT & FACILITIES 036 ITEMS LESS THAN $5.0M (WOCV-WTCV) 1,068 1,068 037 PRODUCTION BASE SUPPORT (WOCV-WTCV) 90,819 90,819 TOTAL PROCUREMENT OF W&TCV, ARMY 3,875,893 4,695,425 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 001 CTG, 5.56MM, ALL TYPES 47,490 79,890 Army UFR—Enhanced Performance Round and Tracer [32,400] 002 CTG, 7.62MM, ALL TYPES 74,870 101,926 Program increase [28,473] Unit cost growth [–1,417] 003 NEXT GENERATION SQUAD WEAPON AMMUNITION 76,794 76,794 004 CTG, HANDGUN, ALL TYPES 7,812 7,812 005 CTG,.50 CAL, ALL TYPES 29,716 58,116 Program increase [28,400] 006 CTG, 20MM, ALL TYPES 4,371 4,371 008 CTG, 30MM, ALL TYPES 34,511 34,511 009 CTG, 40MM, ALL TYPES 35,231 46,731 Army UFR—MK19 training and war reserves [14,000] BA54 and BA55 uncertainty [–2,500] MORTAR AMMUNITION 010 60MM MORTAR, ALL TYPES 23,219 23,219 011 81MM MORTAR, ALL TYPES 52,135 52,135 012 120MM MORTAR, ALL TYPES 104,144 98,944 Unit cost growth [–5,200] TANK AMMUNITION 013 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 224,503 217,603 Unit cost growth [–6,900] ARTILLERY AMMUNITION 014 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 26,709 57,553 Army UPL [30,844] 015 ARTILLERY PROJECTILE, 155MM, ALL TYPES 174,015 174,715 Army UFR—Additional inventory [5,000] Unit cost growth [–4,300] 016 PROJ 155MM EXTENDED RANGE M982 73,498 61,498 Unit cost growth [–12,000] 017 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 150,873 143,373 Unit cost growth [–7,500] MINES 018 MINES & CLEARING CHARGES, ALL TYPES 25,980 20,980 Excess to need [–5,000] 019 CLOSE TERRAIN SHAPING OBSTACLE 34,761 34,761 ROCKETS 020 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 24,408 22,408 Excess to need [–2,000] 021 ROCKET, HYDRA 70, ALL TYPES 109,536 117,536 Program increase [8,000] OTHER AMMUNITION 022 CAD/PAD, ALL TYPES 6,549 6,549 023 DEMOLITION MUNITIONS, ALL TYPES 27,904 27,904 024 GRENADES, ALL TYPES 37,437 37,437 025 SIGNALS, ALL TYPES 7,530 7,530 026 SIMULATORS, ALL TYPES 8,350 8,350 027 REACTIVE ARMOR TILES 17,755 17,755 MISCELLANEOUS 028 AMMO COMPONENTS, ALL TYPES 2,784 2,784 029 ITEMS LESS THAN $5 MILLION (AMMO) 17,797 17,797 030 AMMUNITION PECULIAR EQUIPMENT 12,290 12,290 031 FIRST DESTINATION TRANSPORTATION (AMMO) 4,331 4,331 032 CLOSEOUT LIABILITIES 99 99 PRODUCTION BASE SUPPORT 034 INDUSTRIAL FACILITIES 538,120 642,620 Army UFR—Demolition of Legacy Nitrate Esters (Nitroglycerin) NG1 Facility, Radford Army Ammunition Plant (RFAAP), Virginia [40,000] Army UFR—Environmental, Safety, Construction, Maintenance and Repair of GOCO Facilities in VA, TN, MO, PA, & IA [40,000] Army UFR—Pyrotechnics Energetic Capability (PEC) construction at Lake City Army Ammunition Plant (LCAAP), Missouri [12,000] Army UFR—Solvent Propellant Facility, Preliminary Design, Radford Army Ammunition Plant, Virginia [12,500] 035 CONVENTIONAL MUNITIONS DEMILITARIZATION 139,410 232,410 Program increase [93,000] 036 ARMS INITIATIVE 3,178 3,178 TOTAL PROCUREMENT OF AMMUNITION, ARMY 2,158,110 2,455,910 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 002 SEMITRAILERS, FLATBED: 12,539 18,931 Army UFR—M872 semitrailer [6,392] 003 SEMITRAILERS, TANKERS 17,985 17,985 004 HI MOB MULTI-PURP WHLD VEH (HMMWV) 60,706 60,706 005 GROUND MOBILITY VEHICLES (GMV) 29,807 37,307 Program increase—infantry squad vehicle [7,500] 008 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL 574,562 605,562 Army UFR—Additional JLTV fielding [120,000] Early to need [–89,000] 009 TRUCK, DUMP, 20T (CCE) 9,882 19,632 Program increase [9,750] 010 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 36,885 61,885 Program increase [25,000] 011 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE 16,450 16,450 012 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 26,256 26,256 013 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 64,282 64,282 014 PLS ESP 16,943 16,943 015 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV 109,000 Program increase [109,000] 017 TACTICAL WHEELED VEHICLE PROTECTION KITS 17,957 17,957 018 MODIFICATION OF IN SVC EQUIP 29,349 212,650 HMMWV modifications [183,301] NON-TACTICAL VEHICLES 020 PASSENGER CARRYING VEHICLES 1,232 1,232 021 NONTACTICAL VEHICLES, OTHER 24,246 19,246 Excess carryover [–5,000] COMM—JOINT COMMUNICATIONS 022 SIGNAL MODERNIZATION PROGRAM 140,036 142,536 Army UFR—Multi-Domain Task Force All-Domain Operations Center cloud pilot [2,500] 023 TACTICAL NETWORK TECHNOLOGY MOD IN SVC 436,524 429,024 Excess to need [–7,500] 025 DISASTER INCIDENT RESPONSE COMMS TERMINAL 3,863 3,863 026 JCSE EQUIPMENT (USRDECOM) 4,845 4,845 COMM—SATELLITE COMMUNICATIONS 029 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 97,369 97,369 030 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 120,550 120,550 031 SHF TERM 38,129 38,129 032 ASSURED POSITIONING, NAVIGATION AND TIMING 115,291 112,791 Excess to need [–2,500] 033 SMART-T (SPACE) 15,407 15,407 034 GLOBAL BRDCST SVC—GBS 2,763 2,763 COMM—C3 SYSTEM 037 COE TACTICAL SERVER INFRASTRUCTURE (TSI) 99,858 99,858 COMM—COMBAT COMMUNICATIONS 038 HANDHELD MANPACK SMALL FORM FIT (HMS) 775,069 730,069 Cost deviation [–5,000] Single channel data radio program decrease [–35,000] Support cost excess to need [–5,000] 040 ARMY LINK 16 SYSTEMS 17,749 17,749 042 UNIFIED COMMAND SUITE 17,984 17,984 043 COTS COMMUNICATIONS EQUIPMENT 191,702 185,702 Unit cost growth [–6,000] 044 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 15,957 15,957 045 ARMY COMMUNICATIONS & ELECTRONICS 89,441 79,441 Insufficient justification [–10,000] COMM—INTELLIGENCE COMM 047 CI AUTOMATION ARCHITECTURE-INTEL 13,317 13,317 048 DEFENSE MILITARY DECEPTION INITIATIVE 5,207 5,207 049 MULTI-DOMAIN INTELLIGENCE 20,095 20,095 INFORMATION SECURITY 051 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 987 987 052 COMMUNICATIONS SECURITY (COMSEC) 126,273 126,273 053 DEFENSIVE CYBER OPERATIONS 27,389 31,489 Army UFR—Cybersecurity / IT Network Mapping [4,100] 056 SIO CAPABILITY 21,303 21,303 057 BIOMETRIC ENABLING CAPABILITY (BEC) 914 914 COMM—LONG HAUL COMMUNICATIONS 059 BASE SUPPORT COMMUNICATIONS 9,209 24,209 Land mobile radios [15,000] COMM—BASE COMMUNICATIONS 060 INFORMATION SYSTEMS 219,026 219,026 061 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,875 4,875 064 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 223,001 225,041 EUCOM UFR—Mission Partner Environment [2,040] ELECT EQUIP—TACT INT REL ACT (TIARA) 067 JTT/CIBS-M 5,463 5,463 068 TERRESTRIAL LAYER SYSTEMS (TLS) 39,240 39,240 070 DCGS-A-INTEL 92,613 119,563 Army UFR—Additional fixed node cloud servers [26,950] 071 JOINT TACTICAL GROUND STATION (JTAGS)-INTEL 8,088 8,088 072 TROJAN 30,828 30,828 073 MOD OF IN-SVC EQUIP (INTEL SPT) 39,039 39,039 074 BIOMETRIC TACTICAL COLLECTION DEVICES 11,097 11,097 ELECT EQUIP—ELECTRONIC WARFARE (EW) 076 EW PLANNING & MANAGEMENT TOOLS (EWPMT) 783 783 077 AIR VIGILANCE (AV) 13,486 13,486 079 FAMILY OF PERSISTENT SURVEILLANCE CAP. 14,414 14,414 080 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 19,111 19,111 081 CI MODERNIZATION 421 421 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 082 SENTINEL MODS 47,642 47,642 083 NIGHT VISION DEVICES 1,092,341 828,875 IVAS ahead of need [–213,466] Transfer to RDTE, Army line 98 [–50,000] 084 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 21,103 21,103 085 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 6,153 6,153 086 FAMILY OF WEAPON SIGHTS (FWS) 184,145 184,145 087 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE 2,371 2,371 088 FORWARD LOOKING INFRARED (IFLIR) 11,929 11,929 089 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) 60,058 60,058 090 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 263,661 259,661 Unit cost growth [–4,000] 091 JOINT EFFECTS TARGETING SYSTEM (JETS) 62,082 62,082 093 COMPUTER BALLISTICS: LHMBC XM32 2,811 2,811 094 MORTAR FIRE CONTROL SYSTEM 17,236 17,236 095 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS 2,830 2,830 096 COUNTERFIRE RADARS 31,694 26,694 Excess to need [–5,000] ELECT EQUIP—TACTICAL C2 SYSTEMS 097 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE 49,410 49,410 098 FIRE SUPPORT C2 FAMILY 9,853 9,853 099 AIR & MSL DEFENSE PLANNING & CONTROL SYS 67,193 67,193 100 IAMD BATTLE COMMAND SYSTEM 301,872 291,872 Excess costs previously funded [–10,000] 101 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 5,182 5,182 102 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 31,349 31,349 104 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 11,271 11,271 105 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 16,077 16,077 107 MOD OF IN-SVC EQUIPMENT (ENFIRE) 3,160 9,160 Program increase—land surveying systems [6,000] ELECT EQUIP—AUTOMATION 108 ARMY TRAINING MODERNIZATION 9,833 9,833 109 AUTOMATED DATA PROCESSING EQUIP 130,924 133,924 Army UFR—ATRRS unlimited data rights [3,000] 110 ACCESSIONS INFORMATION ENVIRONMENT (AIE) 44,635 39,635 Program decrease [–5,000] 111 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM 1,452 1,452 112 HIGH PERF COMPUTING MOD PGM (HPCMP) 69,943 69,943 113 CONTRACT WRITING SYSTEM 16,957 16,957 114 CSS COMMUNICATIONS 73,110 73,110 115 RESERVE COMPONENT AUTOMATION SYS (RCAS) 12,905 12,905 ELECT EQUIP—SUPPORT 117 BCT EMERGING TECHNOLOGIES 13,835 13,835 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 18,304 18,304 CHEMICAL DEFENSIVE EQUIPMENT 119 BASE DEFENSE SYSTEMS (BDS) 62,295 62,295 120 CBRN DEFENSE 55,632 55,632 BRIDGING EQUIPMENT 122 TACTICAL BRIDGING 9,625 9,625 123 TACTICAL BRIDGE, FLOAT-RIBBON 76,082 76,082 124 BRIDGE SUPPLEMENTAL SET 19,867 19,867 125 COMMON BRIDGE TRANSPORTER (CBT) RECAP 109,796 109,796 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 126 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 5,628 5,628 128 HUSKY MOUNTED DETECTION SYSTEM (HMDS) 26,823 75,123 Army UFR—Additional HMDS [48,300] 131 ROBOTICS AND APPLIQUE SYSTEMS 124,233 134,233 Army UFR—Common Robotic System-Individual (CRS-I) [10,000] 132 RENDER SAFE SETS KITS OUTFITS 84,000 87,158 Army UFR—Additional render safe equipment [3,158] COMBAT SERVICE SUPPORT EQUIPMENT 134 HEATERS AND ECU'S 7,116 5,116 Contract delay [–2,000] 135 SOLDIER ENHANCEMENT 1,286 7,786 Program increase [6,500] 136 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 9,741 9,741 137 GROUND SOLDIER SYSTEM 150,244 150,244 138 MOBILE SOLDIER POWER 17,815 17,815 139 FORCE PROVIDER 28,860 28,860 140 FIELD FEEDING EQUIPMENT 2,321 2,321 141 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 40,240 40,240 142 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS 36,163 36,163 PETROLEUM EQUIPMENT 144 QUALITY SURVEILLANCE EQUIPMENT 744 744 145 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 72,296 76,716 Army UFR—Modular Fuel System (MFS) [4,420] MEDICAL EQUIPMENT 146 COMBAT SUPPORT MEDICAL 122,145 122,145 MAINTENANCE EQUIPMENT 147 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 14,756 12,856 Excess carryover [–1,900] CONSTRUCTION EQUIPMENT 154 ALL TERRAIN CRANES 112,784 107,784 Cost savings [–5,000] 156 CONST EQUIP ESP 8,694 8,694 RAIL FLOAT CONTAINERIZATION EQUIPMENT 158 ARMY WATERCRAFT ESP 44,409 58,009 Army UFR—Landing Craft Utility modernization [13,600] 159 MANEUVER SUPPORT VESSEL (MSV) 76,660 76,660 GENERATORS 161 GENERATORS AND ASSOCIATED EQUIP 47,606 47,606 162 TACTICAL ELECTRIC POWER RECAPITALIZATION 10,500 10,500 MATERIAL HANDLING EQUIPMENT 163 FAMILY OF FORKLIFTS 13,325 13,325 TRAINING EQUIPMENT 164 COMBAT TRAINING CENTERS SUPPORT 79,565 79,565 165 TRAINING DEVICES, NONSYSTEM 174,644 174,644 166 SYNTHETIC TRAINING ENVIRONMENT (STE) 122,104 92,266 RVCT ahead of need [–29,838] 168 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 11,642 10,642 Excess carryover [–1,000] TEST MEASURE AND DIG EQUIPMENT (TMD) 170 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 42,934 42,934 172 TEST EQUIPMENT MODERNIZATION (TEMOD) 24,304 24,304 OTHER SUPPORT EQUIPMENT 174 PHYSICAL SECURITY SYSTEMS (OPA3) 86,930 86,930 175 BASE LEVEL COMMON EQUIPMENT 27,823 27,823 176 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 32,392 32,392 177 BUILDING, PRE-FAB, RELOCATABLE 32,227 32,227 179 SPECIAL EQUIPMENT FOR TEST AND EVALUATION 76,917 76,917 OPA2 180 INITIAL SPARES—C&E 9,272 9,272 TOTAL OTHER PROCUREMENT, ARMY 8,873,558 8,987,865 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 001 F/A–18E/F (FIGHTER) HORNET 87,832 977,161 Production line shutdown [–10,671] Program increase—12 additional aircraft [900,000] 003 JOINT STRIKE FIGHTER CV 2,111,009 2,060,757 Unit cost savings [–50,252] 004 JOINT STRIKE FIGHTER CV 246,781 246,781 005 JSF STOVL 2,256,829 2,317,929 F–35 B PGSE & depot support—USMC UPL [128,800] Target cost savings [–67,700] 006 JSF STOVL 216,720 216,720 007 CH–53K (HEAVY LIFT) 1,286,296 1,503,126 Excess to need—pub/tech data [–14,782] GFE electronics excess growth [–3,388] Program increase—two additional aircraft [250,000] Unjustified growth—NRE production capacity [–15,000] 008 CH–53K (HEAVY LIFT) 182,871 182,871 009 V–22 (MEDIUM LIFT) 751,716 1,500,516 Program increase—five additional MV–22 [414,400] Program increase—four additional CMV–22 [334,400] 011 H–1 UPGRADES (UH–1Y/AH–1Z) 939 939 013 P–8A POSEIDON 44,595 384,595 Additional aircraft [340,000] 014 E–2D ADV HAWKEYE 766,788 957,788 Navy UFR—Additional E–2D [191,000] 015 E–2D ADV HAWKEYE 118,095 118,095 TRAINER AIRCRAFT 016 ADVANCED HELICOPTER TRAINING SYSTEM 163,490 163,490 OTHER AIRCRAFT 017 KC–130J 520,787 947,187 Marine Corps UFR—KC–130J weapons system trainer [31,500] Marine Corps UFR—Replace KC–130J aircraft [197,900] Two additional C–130J aircraft—Navy UPL [197,000] 018 KC–130J 68,088 68,088 021 MQ–4 TRITON 160,151 483,151 Additional aircraft [323,000] 023 MQ–8 UAV 49,249 49,249 024 STUASL0 UAV 13,151 13,151 025 MQ–25 47,468 47,468 027 MARINE GROUP 5 UAS 233,686 273,686 Marine Corps UFR—Additional aircraft [40,000] MODIFICATION OF AIRCRAFT 030 F–18 A-D UNIQUE 163,095 244,595 F/A–18 aircraft structural life management (OSIP 11–99) inner wing installation excess cost growth [–1,000] Marine Corps UFR—F–18 ALR–67(V)5 radar warning receiver [55,000] Marine Corps UFR—F–18C/D AESA radar upgrade [27,500] 031 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM 482,899 482,899 032 MARINE GROUP 5 UAS SERIES 1,982 1,982 033 AEA SYSTEMS 23,296 20,221 Excess support costs [–3,075] 034 AV–8 SERIES 17,882 17,882 035 INFRARED SEARCH AND TRACK (IRST) 138,827 120,377 Limit production growth [–18,450] 036 ADVERSARY 143,571 143,571 037 F–18 SERIES 327,571 327,571 038 H–53 SERIES 112,436 109,136 Excess to need [–3,300] 039 MH–60 SERIES 94,794 94,794 040 H–1 SERIES 124,194 118,857 Excess to need [–5,337] 041 EP–3 SERIES 28,848 28,848 042 E–2 SERIES 204,826 199,991 Electronic support measures (OSIP 007–21) excess installation costs [–1,800] Electronic support measures (OSIP 007–21) previously funded [–1,785] NAVWAR A-kit installation (OSIP 011–19) previously funded [–1,250] 043 TRAINER A/C SERIES 7,849 7,849 044 C–2A 2,843 2,843 045 C–130 SERIES 145,610 143,106 A and B kits (OSIP 019–14) unit cost growth [–2,504] 046 FEWSG 734 734 047 CARGO/TRANSPORT A/C SERIES 10,682 10,682 048 E–6 SERIES 128,029 128,029 049 EXECUTIVE HELICOPTERS SERIES 45,326 45,326 051 T–45 SERIES 158,772 158,772 052 POWER PLANT CHANGES 24,915 24,915 053 JPATS SERIES 22,955 22,955 054 AVIATION LIFE SUPPORT MODS 2,477 2,477 055 COMMON ECM EQUIPMENT 119,574 119,574 056 COMMON AVIONICS CHANGES 118,839 118,839 057 COMMON DEFENSIVE WEAPON SYSTEM 5,476 5,476 058 ID SYSTEMS 13,154 13,154 059 P–8 SERIES 131,298 115,998 Program delays [–15,300] 060 MAGTF EW FOR AVIATION 29,151 29,151 061 MQ–8 SERIES 31,624 31,624 062 V–22 (TILT/ROTOR ACFT) OSPREY 312,835 312,835 063 NEXT GENERATION JAMMER (NGJ) 266,676 266,676 064 F–35 STOVL SERIES 177,054 168,154 Block 4 B kits early to need [–8,900] 065 F–35 CV SERIES 138,269 131,369 TR–3/B4 delay [–6,900] 066 QRC 98,563 98,563 067 MQ–4 SERIES 7,100 7,100 068 RQ–21 SERIES 14,123 14,123 AIRCRAFT SPARES AND REPAIR PARTS 072 SPARES AND REPAIR PARTS 2,339,077 2,466,977 Marine Corps UFR—F–35B engine spares [117,800] Marine Corps UFR—KC–130J initial spares [7,000] Marine Corps UFR—KC–130J weapons system trainer initial spares [3,100] AIRCRAFT SUPPORT EQUIP & FACILITIES 073 COMMON GROUND EQUIPMENT 517,267 517,267 074 AIRCRAFT INDUSTRIAL FACILITIES 80,500 80,500 075 WAR CONSUMABLES 42,496 42,496 076 OTHER PRODUCTION CHARGES 21,374 21,374 077 SPECIAL SUPPORT EQUIPMENT 271,774 271,774 TOTAL AIRCRAFT PROCUREMENT, NAVY 16,477,178 19,804,184 WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 001 TRIDENT II MODS 1,144,446 1,144,446 SUPPORT EQUIPMENT & FACILITIES 002 MISSILE INDUSTRIAL FACILITIES 7,319 7,319 STRATEGIC MISSILES 003 TOMAHAWK 124,513 138,140 MK14 canisters previously funded [–3,743] Program increase—ten additional tomahawks [17,370] TACTICAL MISSILES 005 SIDEWINDER 86,366 82,788 Unit cost adjustment—AUR Block II [–2,624] Unit cost adjustment—CATM Block II [–954] 006 STANDARD MISSILE 521,814 521,814 007 STANDARD MISSILE 45,357 45,357 008 JASSM 37,039 37,039 009 SMALL DIAMETER BOMB II 40,877 40,877 010 RAM 92,981 73,015 Contract award delay [–19,966] 011 JOINT AIR GROUND MISSILE (JAGM) 49,702 49,702 012 HELLFIRE 7,557 7,557 013 AERIAL TARGETS 150,339 150,339 014 DRONES AND DECOYS 30,321 30,321 015 OTHER MISSILE SUPPORT 3,474 3,474 016 LRASM 161,212 161,212 017 NAVAL STRIKE MISSILE (NSM) 59,331 52,377 Program decrease [–6,954] MODIFICATION OF MISSILES 018 TOMAHAWK MODS 206,233 206,233 019 ESSM 248,619 161,519 ESSM block 2 contract award delays [–87,100] 021 AARGM 116,345 116,345 022 STANDARD MISSILES MODS 148,834 148,834 SUPPORT EQUIPMENT & FACILITIES 023 WEAPONS INDUSTRIAL FACILITIES 1,819 1,819 ORDNANCE SUPPORT EQUIPMENT 026 ORDNANCE SUPPORT EQUIPMENT 191,905 191,905 TORPEDOES AND RELATED EQUIP 027 SSTD 4,545 4,545 028 MK–48 TORPEDO 159,107 172,477 Contract award delay [–34,000] Navy UFR—Heavyweight Torpedo (HWT) quantity increase [50,000] Program decrease [–2,630] 029 ASW TARGETS 13,630 13,630 MOD OF TORPEDOES AND RELATED EQUIP 030 MK–54 TORPEDO MODS 106,112 106,112 031 MK–48 TORPEDO ADCAP MODS 35,680 35,680 032 MARITIME MINES 8,567 8,567 SUPPORT EQUIPMENT 033 TORPEDO SUPPORT EQUIPMENT 93,400 93,400 034 ASW RANGE SUPPORT 3,997 3,997 DESTINATION TRANSPORTATION 035 FIRST DESTINATION TRANSPORTATION 4,023 4,023 GUNS AND GUN MOUNTS 036 SMALL ARMS AND WEAPONS 14,909 14,909 MODIFICATION OF GUNS AND GUN MOUNTS 037 CIWS MODS 6,274 6,274 038 COAST GUARD WEAPONS 45,958 45,958 039 GUN MOUNT MODS 68,775 68,775 040 LCS MODULE WEAPONS 2,121 2,121 041 AIRBORNE MINE NEUTRALIZATION SYSTEMS 14,822 14,822 SPARES AND REPAIR PARTS 043 SPARES AND REPAIR PARTS 162,382 166,682 Navy UFR—Maritime outfitting and interim spares [4,300] TOTAL WEAPONS PROCUREMENT, NAVY 4,220,705 4,134,404 PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 001 GENERAL PURPOSE BOMBS 48,635 43,424 Excess to need—BLU–137 [–5,211] 002 JDAM 74,140 48,526 Contract award delay [–25,614] 003 AIRBORNE ROCKETS, ALL TYPES 75,383 75,383 004 MACHINE GUN AMMUNITION 11,215 11,215 005 PRACTICE BOMBS 52,225 52,225 006 CARTRIDGES & CART ACTUATED DEVICES 70,876 70,492 MK122 parachute deploy rocket unit cost overestimation [–384] 007 AIR EXPENDABLE COUNTERMEASURES 61,600 57,069 IR decoys previously funded [–4,531] 008 JATOS 6,620 6,620 009 5 INCH/54 GUN AMMUNITION 28,922 27,923 Unit cost growth—5\"/54 prop charge, full DA65 [–999] 010 INTERMEDIATE CALIBER GUN AMMUNITION 36,038 31,537 ALaMO contract award delay [–4,501] 011 OTHER SHIP GUN AMMUNITION 39,070 39,070 012 SMALL ARMS & LANDING PARTY AMMO 45,493 44,195 NSW SMCA previously funded [–1,298] 013 PYROTECHNIC AND DEMOLITION 9,163 9,163 015 AMMUNITION LESS THAN $5 MILLION 1,575 1,575 MARINE CORPS AMMUNITION 016 MORTARS 50,707 50,707 017 DIRECT SUPPORT MUNITIONS 120,037 118,157 Excess to need—20mm Carl Gustaf trainer system [–1,880] 018 INFANTRY WEAPONS AMMUNITION 94,001 63,259 Excess to need—BA54 & BA55 termination [–30,742] 019 COMBAT SUPPORT MUNITIONS 35,247 35,247 020 AMMO MODERNIZATION 16,267 16,267 021 ARTILLERY MUNITIONS 105,669 95,169 Contract delay [–10,500] 022 ITEMS LESS THAN $5 MILLION 5,135 5,135 TOTAL PROCUREMENT OF AMMO, NAVY & MC 988,018 902,358 SHIPBUILDING AND CONVERSION, NAVY FLEET BALLISTIC MISSILE SHIPS 001 OHIO REPLACEMENT SUBMARINE 3,003,000 3,003,000 002 OHIO REPLACEMENT SUBMARINE AP 1,643,980 1,773,980 Program increase—submarine supplier development [130,000] OTHER WARSHIPS 003 CARRIER REPLACEMENT PROGRAM 1,068,705 1,062,205 Program decrease [–6,500] 004 CVN–81 1,299,764 1,287,719 Program decrease [–12,045] 005 VIRGINIA CLASS SUBMARINE 4,249,240 4,449,240 Industrial base expansion [200,000] 006 VIRGINIA CLASS SUBMARINE AP 2,120,407 2,105,407 Program adjustment [–15,000] 007 CVN REFUELING OVERHAULS 2,456,018 2,436,018 Excess growth [–20,000] 008 CVN REFUELING OVERHAULS 66,262 66,262 009 DDG 1000 56,597 56,597 010 DDG–51 2,016,787 4,929,073 Change order excessive cost growth [–11,651] Electronics excessive cost growth [–35,500] Plans cost excessive cost growth [–47,000] Program decrease [–20,463] Termination liability not required [–33,000] Two additional ships [3,059,900] 011 DDG–51 AP 120,000 Program increase—Advance procurement for DDG–51 [120,000] 013 FFG-FRIGATE 1,087,900 1,087,900 014 FFG-FRIGATE 69,100 69,100 AMPHIBIOUS SHIPS 015 LPD FLIGHT II 60,636 60,636 016 LPD FLIGHT II AP 250,000 Program increase [250,000] 019 LHA REPLACEMENT 68,637 168,637 Program increase [100,000] 020 EXPEDITIONARY FAST TRANSPORT (EPF) 540,000 Two additional ships [540,000] AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 021 TAO FLEET OILER 668,184 1,336,384 One additional ship [668,200] 022 TAO FLEET OILER AP 76,012 0 Unjustified request [–76,012] 023 TAGOS SURTASS SHIPS 434,384 434,384 024 TOWING, SALVAGE, AND RESCUE SHIP (ATS) 183,800 183,800 025 LCU 1700 67,928 67,928 026 OUTFITTING 655,707 622,926 Outfitting early to need [–32,781] 027 SHIP TO SHORE CONNECTOR 156,738 286,738 Ship to shore connector [130,000] 028 SERVICE CRAFT 67,866 67,866 029 LCAC SLEP 32,712 32,712 030 AUXILIARY VESSELS (USED SEALIFT) 299,900 120,000 Program reduction [–179,900] 031 COMPLETION OF PY SHIPBUILDING PROGRAMS 660,795 660,795 TOTAL SHIPBUILDING AND CONVERSION, NAVY 22,571,059 27,279,307 OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 001 SURFACE POWER EQUIPMENT 41,414 41,414 GENERATORS 002 SURFACE COMBATANT HM&E 83,746 83,746 NAVIGATION EQUIPMENT 003 OTHER NAVIGATION EQUIPMENT 72,300 72,300 OTHER SHIPBOARD EQUIPMENT 004 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG 234,932 234,932 005 DDG MOD 583,136 583,136 006 FIREFIGHTING EQUIPMENT 15,040 15,040 007 COMMAND AND CONTROL SWITCHBOARD 2,194 2,194 008 LHA/LHD MIDLIFE 133,627 120,854 Program decrease [–12,773] 009 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM 4,387 4,387 010 POLLUTION CONTROL EQUIPMENT 18,159 18,159 011 SUBMARINE SUPPORT EQUIPMENT 88,284 98,284 Spare Seawolf-class bow dome [10,000] 012 VIRGINIA CLASS SUPPORT EQUIPMENT 22,669 22,669 013 LCS CLASS SUPPORT EQUIPMENT 9,640 9,640 014 SUBMARINE BATTERIES 21,834 21,834 015 LPD CLASS SUPPORT EQUIPMENT 34,292 29,478 Program decrease [–4,814] 016 DDG 1000 CLASS SUPPORT EQUIPMENT 126,107 111,761 Program decrease [–14,346] 017 STRATEGIC PLATFORM SUPPORT EQUIP 12,256 12,256 018 DSSP EQUIPMENT 10,682 10,682 019 CG MODERNIZATION 156,951 156,951 020 LCAC 21,314 21,314 021 UNDERWATER EOD EQUIPMENT 24,146 24,146 022 ITEMS LESS THAN $5 MILLION 84,789 84,789 023 CHEMICAL WARFARE DETECTORS 2,997 2,997 REACTOR PLANT EQUIPMENT 025 SHIP MAINTENANCE, REPAIR AND MODERNIZATION 1,307,651 1,475,051 Navy UFR—A–120 availability [167,400] 026 REACTOR POWER UNITS 3,270 3,270 027 REACTOR COMPONENTS 438,729 438,729 OCEAN ENGINEERING 028 DIVING AND SALVAGE EQUIPMENT 10,772 10,772 SMALL BOATS 029 STANDARD BOATS 58,770 58,770 PRODUCTION FACILITIES EQUIPMENT 030 OPERATING FORCES IPE 168,822 150,822 Program decrease [–18,000] OTHER SHIP SUPPORT 031 LCS COMMON MISSION MODULES EQUIPMENT 74,231 74,231 032 LCS MCM MISSION MODULES 40,630 30,119 Program decrease [–10,511] 033 LCS ASW MISSION MODULES 1,565 1,565 034 LCS SUW MISSION MODULES 3,395 3,395 035 LCS IN-SERVICE MODERNIZATION 122,591 122,591 036 SMALL & MEDIUM UUV 32,534 32,534 SHIP SONARS 038 SPQ–9B RADAR 15,927 15,927 039 AN/SQQ–89 SURF ASW COMBAT SYSTEM 131,829 126,871 Program decrease [–4,958] 040 SSN ACOUSTIC EQUIPMENT 379,850 360,898 Virginia class technical insertion kits previously funded [–18,952] 041 UNDERSEA WARFARE SUPPORT EQUIPMENT 13,965 13,965 ASW ELECTRONIC EQUIPMENT 042 SUBMARINE ACOUSTIC WARFARE SYSTEM 24,578 24,578 043 SSTD 11,010 11,010 044 FIXED SURVEILLANCE SYSTEM 363,651 363,651 045 SURTASS 67,500 67,500 ELECTRONIC WARFARE EQUIPMENT 046 AN/SLQ–32 370,559 370,559 RECONNAISSANCE EQUIPMENT 047 SHIPBOARD IW EXPLOIT 261,735 261,735 048 AUTOMATED IDENTIFICATION SYSTEM (AIS) 3,777 3,777 OTHER SHIP ELECTRONIC EQUIPMENT 049 COOPERATIVE ENGAGEMENT CAPABILITY 24,641 46,924 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [8,983] Navy UFR—Maritime outfitting and interim spares [13,300] 050 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 14,439 14,439 051 ATDLS 101,595 101,595 052 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 3,535 3,535 053 MINESWEEPING SYSTEM REPLACEMENT 15,640 15,640 054 SHALLOW WATER MCM 5,610 5,610 055 NAVSTAR GPS RECEIVERS (SPACE) 33,097 33,097 056 AMERICAN FORCES RADIO AND TV SERVICE 2,513 2,513 057 STRATEGIC PLATFORM SUPPORT EQUIP 4,823 4,823 AVIATION ELECTRONIC EQUIPMENT 058 ASHORE ATC EQUIPMENT 83,464 83,464 059 AFLOAT ATC EQUIPMENT 67,055 67,055 060 ID SYSTEMS 46,918 46,918 061 JOINT PRECISION APPROACH AND LANDING SYSTEM ( 35,386 35,386 062 NAVAL MISSION PLANNING SYSTEMS 17,951 17,951 OTHER SHORE ELECTRONIC EQUIPMENT 063 MARITIME INTEGRATED BROADCAST SYSTEM 2,360 2,360 064 TACTICAL/MOBILE C4I SYSTEMS 18,919 18,919 065 DCGS-N 16,691 16,691 066 CANES 412,002 441,002 Navy UFR—Resilient Communications PNT for Combat Logistics Fleet (CLF) [29,000] 067 RADIAC 9,074 9,074 068 CANES-INTELL 51,593 51,593 069 GPETE 23,930 23,930 070 MASF 8,795 8,795 071 INTEG COMBAT SYSTEM TEST FACILITY 5,829 5,829 072 EMI CONTROL INSTRUMENTATION 3,925 3,925 073 ITEMS LESS THAN $5 MILLION 156,042 156,042 SHIPBOARD COMMUNICATIONS 074 SHIPBOARD TACTICAL COMMUNICATIONS 43,212 43,212 075 SHIP COMMUNICATIONS AUTOMATION 90,724 90,724 076 COMMUNICATIONS ITEMS UNDER $5M 44,447 44,447 SUBMARINE COMMUNICATIONS 077 SUBMARINE BROADCAST SUPPORT 47,579 47,579 078 SUBMARINE COMMUNICATION EQUIPMENT 64,642 64,642 SATELLITE COMMUNICATIONS 079 SATELLITE COMMUNICATIONS SYSTEMS 38,636 38,636 080 NAVY MULTIBAND TERMINAL (NMT) 34,723 34,723 SHORE COMMUNICATIONS 081 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 2,651 2,651 CRYPTOGRAPHIC EQUIPMENT 082 INFO SYSTEMS SECURITY PROGRAM (ISSP) 146,879 146,879 083 MIO INTEL EXPLOITATION TEAM 977 977 CRYPTOLOGIC EQUIPMENT 084 CRYPTOLOGIC COMMUNICATIONS EQUIP 17,809 17,809 OTHER ELECTRONIC SUPPORT 092 COAST GUARD EQUIPMENT 63,214 63,214 SONOBUOYS 094 SONOBUOYS—ALL TYPES 249,121 303,521 Navy UFR—Additional sonobuoys [54,400] AIRCRAFT SUPPORT EQUIPMENT 095 MINOTAUR 4,963 4,963 096 WEAPONS RANGE SUPPORT EQUIPMENT 98,898 98,898 097 AIRCRAFT SUPPORT EQUIPMENT 178,647 178,647 098 ADVANCED ARRESTING GEAR (AAG) 22,265 22,265 099 METEOROLOGICAL EQUIPMENT 13,687 13,687 100 LEGACY AIRBORNE MCM 4,446 4,446 101 LAMPS EQUIPMENT 1,470 1,470 102 AVIATION SUPPORT EQUIPMENT 70,665 70,665 103 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL 86,584 86,584 SHIP GUN SYSTEM EQUIPMENT 104 SHIP GUN SYSTEMS EQUIPMENT 5,536 5,536 SHIP MISSILE SYSTEMS EQUIPMENT 105 HARPOON SUPPORT EQUIPMENT 204 204 106 SHIP MISSILE SUPPORT EQUIPMENT 237,987 237,987 107 TOMAHAWK SUPPORT EQUIPMENT 88,726 88,726 FBM SUPPORT EQUIPMENT 108 STRATEGIC MISSILE SYSTEMS EQUIP 281,259 281,259 ASW SUPPORT EQUIPMENT 109 SSN COMBAT CONTROL SYSTEMS 143,289 143,289 110 ASW SUPPORT EQUIPMENT 30,595 30,595 OTHER ORDNANCE SUPPORT EQUIPMENT 111 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 1,721 1,721 112 ITEMS LESS THAN $5 MILLION 8,746 8,746 OTHER EXPENDABLE ORDNANCE 113 ANTI-SHIP MISSILE DECOY SYSTEM 76,994 76,994 114 SUBMARINE TRAINING DEVICE MODS 75,813 75,813 115 SURFACE TRAINING EQUIPMENT 127,814 127,814 CIVIL ENGINEERING SUPPORT EQUIPMENT 116 PASSENGER CARRYING VEHICLES 4,140 4,140 117 GENERAL PURPOSE TRUCKS 2,805 2,805 118 CONSTRUCTION & MAINTENANCE EQUIP 48,403 46,403 Excess carryover [–2,000] 119 FIRE FIGHTING EQUIPMENT 15,084 15,084 120 TACTICAL VEHICLES 27,400 27,400 121 POLLUTION CONTROL EQUIPMENT 2,607 2,607 122 ITEMS LESS THAN $5 MILLION 51,963 51,963 123 PHYSICAL SECURITY VEHICLES 1,165 1,165 SUPPLY SUPPORT EQUIPMENT 124 SUPPLY EQUIPMENT 24,698 24,698 125 FIRST DESTINATION TRANSPORTATION 5,385 5,385 126 SPECIAL PURPOSE SUPPLY SYSTEMS 660,750 660,750 TRAINING DEVICES 127 TRAINING SUPPORT EQUIPMENT 3,465 3,465 128 TRAINING AND EDUCATION EQUIPMENT 60,114 60,114 COMMAND SUPPORT EQUIPMENT 129 COMMAND SUPPORT EQUIPMENT 31,007 31,007 130 MEDICAL SUPPORT EQUIPMENT 7,346 14,346 Navy UFR—Expeditionary medical readiness [7,000] 132 NAVAL MIP SUPPORT EQUIPMENT 2,887 2,887 133 OPERATING FORCES SUPPORT EQUIPMENT 12,815 12,815 134 C4ISR EQUIPMENT 6,324 6,324 135 ENVIRONMENTAL SUPPORT EQUIPMENT 25,098 25,098 136 PHYSICAL SECURITY EQUIPMENT 110,647 107,471 Program decrease [–3,176] 137 ENTERPRISE INFORMATION TECHNOLOGY 31,709 31,709 OTHER 141 NEXT GENERATION ENTERPRISE SERVICE 41 41 142 CYBERSPACE ACTIVITIES 12,859 12,859 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 19,808 19,808 SPARES AND REPAIR PARTS 143 SPARES AND REPAIR PARTS 424,405 517,105 Navy UFR—Maritime outfitting and interim spares [92,700] TOTAL OTHER PROCUREMENT, NAVY 10,875,912 11,169,165 PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 001 AAV7A1 PIP 36,836 36,836 002 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES 532,355 532,355 003 LAV PIP 23,476 23,476 ARTILLERY AND OTHER WEAPONS 004 155MM LIGHTWEIGHT TOWED HOWITZER 32 32 005 ARTILLERY WEAPONS SYSTEM 67,548 221,347 Marine Corps UFR—Ground-launched anti-ship missiles [57,799] Marine Corps UFR—Ground-launched long range fires [96,000] 006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 35,402 35,402 GUIDED MISSILES 008 GROUND BASED AIR DEFENSE 9,349 9,349 009 ANTI-ARMOR MISSILE-JAVELIN 937 937 010 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) 20,481 20,481 011 ANTI-ARMOR MISSILE-TOW 14,359 12,359 Unit cost growth [–2,000] 012 GUIDED MLRS ROCKET (GMLRS) 98,299 98,299 COMMAND AND CONTROL SYSTEMS 013 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 18,247 18,247 REPAIR AND TEST EQUIPMENT 014 REPAIR AND TEST EQUIPMENT 33,554 33,554 OTHER SUPPORT (TEL) 015 MODIFICATION KITS 167 167 COMMAND AND CONTROL SYSTEM (NON-TEL) 016 ITEMS UNDER $5 MILLION (COMM & ELEC) 64,879 130,779 Marine Corps UFR—Fly-Away Broadcast System [9,000] Marine Corps UFR—INOD Block III long-range sight [16,900] Marine Corps UFR—Squad binocular night vision goggle [40,000] 017 AIR OPERATIONS C2 SYSTEMS 1,291 1,291 RADAR + EQUIPMENT (NON-TEL) 019 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 297,369 645,369 Marine Corps UFR—Additional G/ATOR units [304,000] Marine Corps UFR—Additional radar retrofit kits and FRP systems [44,000] INTELL/COMM EQUIPMENT (NON-TEL) 020 GCSS-MC 604 604 021 FIRE SUPPORT SYSTEM 39,810 39,810 022 INTELLIGENCE SUPPORT EQUIPMENT 67,309 72,860 Marine Corps UFR—SCINet equipment [5,551] 024 UNMANNED AIR SYSTEMS (INTEL) 24,299 24,299 025 DCGS-MC 28,633 28,633 026 UAS PAYLOADS 3,730 3,730 OTHER SUPPORT (NON-TEL) 029 NEXT GENERATION ENTERPRISE NETWORK (NGEN) 97,060 97,060 030 COMMON COMPUTER RESOURCES 83,606 79,606 Training and education headquarters support unjustified request [–2,000] Wargaming hardware early to need [–2,000] 031 COMMAND POST SYSTEMS 53,708 39,708 NOTM refresh early to need [–14,000] 032 RADIO SYSTEMS 468,678 444,678 TCM ground radios sparing previously funded [–10,000] Unjustified request [–14,000] 033 COMM SWITCHING & CONTROL SYSTEMS 49,600 43,600 Excess growth [–6,000] 034 COMM & ELEC INFRASTRUCTURE SUPPORT 110,835 116,635 Excess growth [–10,000] Marine Corps UFR—Base telecommunications equipment upgrades [15,800] 035 CYBERSPACE ACTIVITIES 25,377 46,577 Marine Corps UFR—Defensive Cyber Ops-Internal Defensive Measures suites [21,200] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 4,034 4,034 ADMINISTRATIVE VEHICLES 038 COMMERCIAL CARGO VEHICLES 17,848 17,848 TACTICAL VEHICLES 039 MOTOR TRANSPORT MODIFICATIONS 23,363 21,924 Excess growth [–1,439] 040 JOINT LIGHT TACTICAL VEHICLE 322,013 322,013 042 TRAILERS 9,876 9,876 ENGINEER AND OTHER EQUIPMENT 044 TACTICAL FUEL SYSTEMS 2,161 2,161 045 POWER EQUIPMENT ASSORTED 26,625 18,955 Intelligent power distribution previously funded [–7,670] 046 AMPHIBIOUS SUPPORT EQUIPMENT 17,119 15,909 Excess carryover [–1,210] 047 EOD SYSTEMS 94,472 107,672 Marine Corps UFR—BCWD/UnSAT/Explosive Hazard Defeat Systems [7,800] Marine Corps UFR—ENFIRE/Explosive Hazard Defeat Systems [5,400] MATERIALS HANDLING EQUIPMENT 048 PHYSICAL SECURITY EQUIPMENT 84,513 84,513 GENERAL PROPERTY 049 FIELD MEDICAL EQUIPMENT 8,105 8,105 050 TRAINING DEVICES 37,814 35,211 CACCTUS lap equipment previously funded [–2,603] 051 FAMILY OF CONSTRUCTION EQUIPMENT 34,658 50,458 Marine Corps UFR—All-terrain crane [10,800] Marine Corps UFR—Rough terrain container handler [5,000] 052 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) 15,439 15,439 OTHER SUPPORT 053 ITEMS LESS THAN $5 MILLION 4,402 15,002 Marine Corps UFR—Lightweight water purification system [10,600] SPARES AND REPAIR PARTS 054 SPARES AND REPAIR PARTS 32,819 32,819 TOTAL PROCUREMENT, MARINE CORPS 3,043,091 3,620,019 AIRCRAFT PROCUREMENT, AIR FORCE STRATEGIC OFFENSIVE 001 B–21 RAIDER 108,027 108,027 TACTICAL FORCES 002 F–35 4,167,604 4,392,604 Air Force UFR—F–35 power modules [175,000] USG depot acceleration [50,000] 003 F–35 352,632 352,632 005 F–15EX 1,186,903 1,762,903 Air Force UFR—Additional aircraft, spares, support equipment [576,000] 006 F–15EX 147,919 147,919 TACTICAL AIRLIFT 007 KC–46A MDAP 2,380,315 2,315,315 Excess growth [–65,000] OTHER AIRLIFT 008 C–130J 128,896 128,896 009 MC–130J 220,049 220,049 UPT TRAINERS 011 ADVANCED TRAINER REPLACEMENT T-X 10,397 0 Procurement funds ahead of need [–10,397] HELICOPTERS 012 MH–139A 75,000 Program increase [75,000] 013 COMBAT RESCUE HELICOPTER 792,221 792,221 MISSION SUPPORT AIRCRAFT 016 CIVIL AIR PATROL A/C 2,813 11,400 Program increase [8,587] OTHER AIRCRAFT 017 TARGET DRONES 116,169 116,169 019 E–11 BACN/HAG 124,435 124,435 021 MQ–9 3,288 78,567 Program increase—four aircraft [75,279] STRATEGIC AIRCRAFT 023 B–2A 29,944 29,944 024 B–1B 30,518 27,406 Radio crypto mod ahead of need [–3,112] 025 B–52 82,820 82,820 026 COMBAT RESCUE HELICOPTER 61,191 45,891 Early to need—contract delay [–15,300] 027 LARGE AIRCRAFT INFRARED COUNTERMEASURES 57,001 57,001 TACTICAL AIRCRAFT 028 A–10 83,621 83,621 029 E–11 BACN/HAG 68,955 68,955 030 F–15 234,340 232,457 F–15E MIDS-JTRS installs excess to need [–1,883] 031 F–16 613,166 733,166 F–16 AESAs [100,000] Program increase—HUD upgrade [20,000] 032 F–22A 424,722 384,722 Program decrease [–40,000] 033 F–35 MODIFICATIONS 304,135 1,388,935 F–35 upgrades to Block 4 [1,100,000] TR–3/B4 delay [–15,200] 034 F–15 EPAW 149,797 149,797 036 KC–46A MDAP 1,984 1,984 AIRLIFT AIRCRAFT 037 C–5 25,431 25,431 038 C–17A 59,570 59,570 040 C–32A 1,949 1,949 041 C–37A 5,984 5,984 TRAINER AIRCRAFT 042 GLIDER MODS 142 142 043 T–6 8,735 8,735 044 T–1 3,872 872 Excess to need [–3,000] 045 T–38 49,851 49,851 OTHER AIRCRAFT 046 U–2 MODS 126,809 126,809 047 KC–10A (ATCA) 1,902 1,902 049 VC–25A MOD 96 96 050 C–40 262 262 051 C–130 29,071 169,771 Program increase—eight blade propeller upgrade [75,700] Program increase—engine enhancement program [50,000] Program increase—modular airborne firefighting system [15,000] 052 C–130J MODS 110,784 110,784 053 C–135 61,376 61,376 054 COMPASS CALL 195,098 270,098 Air Force UFR—Additional spare engines [75,000] 056 RC–135 207,596 207,596 057 E–3 109,855 109,855 058 E–4 19,081 19,081 059 E–8 16,312 43,312 Program increase—CDL [27,000] 060 AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 30,327 26,627 Block 40/45 carryover [–3,700] 062 H–1 1,533 1,533 063 H–60 13,709 32,709 OLR mod early to need [–1,000] Restore degraded visual environment [20,000] 064 RQ–4 MODS 3,205 3,205 065 HC/MC–130 MODIFICATIONS 150,263 148,815 Communications modernization phase 1 NRE ahead of need [–1,448] 066 OTHER AIRCRAFT 54,828 54,828 067 MQ–9 MODS 144,287 144,287 068 MQ–9 UAS PAYLOADS 40,800 40,800 069 SENIOR LEADER C3, SYSTEM—AIRCRAFT 23,554 23,554 070 CV–22 MODS 158,162 240,562 SOCOM UFR—CV–22 reliability acceleration [82,400] AIRCRAFT SPARES AND REPAIR PARTS 071 INITIAL SPARES/REPAIR PARTS 915,710 915,710 COMMON SUPPORT EQUIPMENT 072 AIRCRAFT REPLACEMENT SUPPORT EQUIP 138,761 138,761 POST PRODUCTION SUPPORT 073 B–2A 1,651 1,651 074 B–2B 38,811 38,811 075 B–52 5,602 5,602 078 F–15 2,324 2,324 079 F–16 10,456 10,456 081 RQ–4 POST PRODUCTION CHARGES 24,592 24,592 INDUSTRIAL PREPAREDNESS 082 INDUSTRIAL RESPONSIVENESS 18,110 18,110 WAR CONSUMABLES 083 WAR CONSUMABLES 35,866 35,866 OTHER PRODUCTION CHARGES 084 OTHER PRODUCTION CHARGES 979,388 1,019,388 Classified modifications—program increase [40,000] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 18,092 18,092 TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 15,727,669 18,132,595 MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 001 MISSILE REPLACEMENT EQ-BALLISTIC 57,793 57,793 BALLISTIC MISSILES 002 GROUND BASED STRATEGIC DETERRENT 8,895 8,895 TACTICAL 003 REPLAC EQUIP & WAR CONSUMABLES 7,681 7,681 004 AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON 160,850 116,850 Procurement early to need [–44,000] 006 JOINT AIR-SURFACE STANDOFF MISSILE 710,550 660,550 Program decrease [–50,000] 008 SIDEWINDER (AIM–9X) 107,587 107,587 009 AMRAAM 214,002 214,002 010 PREDATOR HELLFIRE MISSILE 103,684 103,684 011 SMALL DIAMETER BOMB 82,819 82,819 012 SMALL DIAMETER BOMB II 294,649 294,649 INDUSTRIAL FACILITIES 013 INDUSTR'L PREPAREDNS/POL PREVENTION 757 757 CLASS IV 015 ICBM FUZE MOD 53,013 65,263 Realignment of funds [12,250] 016 ICBM FUZE MOD AP 47,757 35,507 Realignment of funds [–12,250] 017 MM III MODIFICATIONS 88,579 88,579 019 AIR LAUNCH CRUISE MISSILE (ALCM) 46,799 46,799 MISSILE SPARES AND REPAIR PARTS 020 MSL SPRS/REPAIR PARTS (INITIAL) 16,212 16,212 021 MSL SPRS/REPAIR PARTS (REPLEN) 63,547 63,547 022 INITIAL SPARES/REPAIR PARTS 4,045 4,045 SPECIAL PROGRAMS 027 SPECIAL UPDATE PROGRAMS 30,352 30,352 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 570,240 570,240 TOTAL MISSILE PROCUREMENT, AIR FORCE 2,669,811 2,575,811 PROCUREMENT, SPACE FORCE SPACE PROCUREMENT, SF 002 AF SATELLITE COMM SYSTEM 43,655 39,655 Unjustified cost growth [–4,000] 003 COUNTERSPACE SYSTEMS 64,804 64,804 004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 39,444 39,444 005 GENERAL INFORMATION TECH—SPACE 3,316 5,116 Space Force UFR—Modernize space aggressor equipment [1,800] 006 GPSIII FOLLOW ON 601,418 601,418 007 GPS III SPACE SEGMENT 84,452 84,452 008 GLOBAL POSTIONING (SPACE) 2,274 2,274 009 HERITAGE TRANSITION 13,529 13,529 010 SPACEBORNE EQUIP (COMSEC) 26,245 48,945 Space Force UFR—Space-rated crypto devices to support launch [22,700] 011 MILSATCOM 24,333 24,333 012 SBIR HIGH (SPACE) 154,526 154,526 013 SPECIAL SPACE ACTIVITIES 142,188 142,188 014 MOBILE USER OBJECTIVE SYSTEM 45,371 45,371 015 NATIONAL SECURITY SPACE LAUNCH 1,337,347 1,337,347 016 NUDET DETECTION SYSTEM 6,690 6,690 017 PTES HUB 7,406 7,406 018 ROCKET SYSTEMS LAUNCH PROGRAM 10,429 10,429 020 SPACE MODS 64,371 64,371 021 SPACELIFT RANGE SYSTEM SPACE 93,774 93,774 SPARES 022 SPARES AND REPAIR PARTS 1,282 1,282 TOTAL PROCUREMENT, SPACE FORCE 2,766,854 2,787,354 PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 001 ROCKETS 36,597 36,597 CARTRIDGES 002 CARTRIDGES 169,163 164,163 Excess to need [–5,000] BOMBS 003 PRACTICE BOMBS 48,745 48,745 004 GENERAL PURPOSE BOMBS 176,565 176,565 005 MASSIVE ORDNANCE PENETRATOR (MOP) 15,500 15,500 006 JOINT DIRECT ATTACK MUNITION 124,102 48,584 Program carryover [–75,518] 007 B–61 2,709 2,709 OTHER ITEMS 008 CAD/PAD 47,210 47,210 009 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,151 6,151 010 SPARES AND REPAIR PARTS 535 535 011 MODIFICATIONS 292 292 012 ITEMS LESS THAN $5,000,000 9,164 9,164 FLARES 013 FLARES 95,297 95,297 FUZES 014 FUZES 50,795 50,795 SMALL ARMS 015 SMALL ARMS 12,343 12,343 TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 795,168 714,650 OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 001 PASSENGER CARRYING VEHICLES 8,448 8,448 CARGO AND UTILITY VEHICLES 002 MEDIUM TACTICAL VEHICLE 5,804 5,804 003 CAP VEHICLES 1,066 1,800 Program increase—Civil Air Patrol [734] 004 CARGO AND UTILITY VEHICLES 57,459 57,459 SPECIAL PURPOSE VEHICLES 005 JOINT LIGHT TACTICAL VEHICLE 97,326 92,326 Excess carryover [–5,000] 006 SECURITY AND TACTICAL VEHICLES 488 488 007 SPECIAL PURPOSE VEHICLES 75,694 77,694 CNGB UFR—Temperature control trailers [2,000] FIRE FIGHTING EQUIPMENT 008 FIRE FIGHTING/CRASH RESCUE VEHICLES 12,525 12,525 MATERIALS HANDLING EQUIPMENT 009 MATERIALS HANDLING VEHICLES 34,933 34,933 BASE MAINTENANCE SUPPORT 010 RUNWAY SNOW REMOV AND CLEANING EQU 9,134 9,134 011 BASE MAINTENANCE SUPPORT VEHICLES 111,820 103,728 Program decrease [–8,092] COMM SECURITY EQUIPMENT(COMSEC) 013 COMSEC EQUIPMENT 66,022 66,022 014 STRATEGIC MICROELECTRONIC SUPPLY SYSTEM 885,051 885,051 INTELLIGENCE PROGRAMS 015 INTERNATIONAL INTEL TECH & ARCHITECTURES 5,809 5,809 016 INTELLIGENCE TRAINING EQUIPMENT 5,719 5,719 017 INTELLIGENCE COMM EQUIPMENT 25,844 25,844 ELECTRONICS PROGRAMS 018 AIR TRAFFIC CONTROL & LANDING SYS 44,516 44,516 019 BATTLE CONTROL SYSTEM—FIXED 2,940 2,940 020 THEATER AIR CONTROL SYS IMPROVEMEN 43,442 47,842 EUCOM UFR—Air base air defens ops center [4,400] 021 3D EXPEDITIONARY LONG-RANGE RADAR 96,186 248,186 Air Force UFR—Build command and control framework [152,000] 022 WEATHER OBSERVATION FORECAST 32,376 32,376 023 STRATEGIC COMMAND AND CONTROL 37,950 37,950 024 CHEYENNE MOUNTAIN COMPLEX 8,258 8,258 025 MISSION PLANNING SYSTEMS 14,717 14,717 SPCL COMM-ELECTRONICS PROJECTS 027 GENERAL INFORMATION TECHNOLOGY 43,917 88,247 EUCOM UFR—Mission Partner Environment [13,800] INDOPACOM UFR—Mission Partner Environment [30,530] 028 AF GLOBAL COMMAND & CONTROL SYS 414 414 030 MOBILITY COMMAND AND CONTROL 10,619 10,619 031 AIR FORCE PHYSICAL SECURITY SYSTEM 101,896 116,797 EUCOM UFR—Counter-UAS for UASFE installations [1,241] EUCOM UFR—Sensors for air base air defense [11,660] Space Force UFR—Maui Optical Site security system [2,000] 032 COMBAT TRAINING RANGES 222,598 222,598 033 COMBAT TRAINING RANGES 14,730 14,730 034 MINIMUM ESSENTIAL EMERGENCY COMM N 77,119 77,119 035 WIDE AREA SURVEILLANCE (WAS) 38,794 38,794 036 C3 COUNTERMEASURES 131,238 131,238 037 INTEGRATED PERSONNEL AND PAY SYSTEM 15,240 15,240 038 GCSS-AF FOS 3,959 3,959 040 MAINTENANCE REPAIR & OVERHAUL INITIATIVE 4,387 4,387 041 THEATER BATTLE MGT C2 SYSTEM 4,052 4,052 042 AIR & SPACE OPERATIONS CENTER (AOC) 2,224 2,224 AIR FORCE COMMUNICATIONS 043 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED 58,499 58,499 044 AFNET 65,354 65,354 045 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 4,377 4,377 046 USCENTCOM 18,101 18,101 047 USSTRATCOM 4,226 4,226 ORGANIZATION AND BASE 048 TACTICAL C-E EQUIPMENT 162,955 157,817 Program decrease [–5,138] 049 RADIO EQUIPMENT 14,232 15,732 Space Force UFR—radio equipment [1,500] 051 BASE COMM INFRASTRUCTURE 200,797 262,797 EUCOM UFR—Modernize IT infrastructure [55,000] Space Force UFR—Lifecycle SIPR/NIP replacement [7,000] MODIFICATIONS 052 COMM ELECT MODS 18,607 18,607 PERSONAL SAFETY & RESCUE EQUIP 053 PERSONAL SAFETY AND RESCUE EQUIPMENT 106,449 106,449 DEPOT PLANT+MTRLS HANDLING EQ 054 POWER CONDITIONING EQUIPMENT 11,274 11,274 055 MECHANIZED MATERIAL HANDLING EQUIP 8,594 8,594 BASE SUPPORT EQUIPMENT 056 BASE PROCURED EQUIPMENT 1 33,251 CNGB UFR—Modular small arms ranges [25,000] EUCOM UFR—Tactical decoy devices [8,250] 057 ENGINEERING AND EOD EQUIPMENT 32,139 32,139 058 MOBILITY EQUIPMENT 63,814 63,814 059 FUELS SUPPORT EQUIPMENT (FSE) 17,928 17,928 060 BASE MAINTENANCE AND SUPPORT EQUIPMENT 48,534 48,534 SPECIAL SUPPORT PROJECTS 062 DARP RC135 27,359 27,359 063 DCGS-AF 261,070 261,070 065 SPECIAL UPDATE PROGRAM 777,652 777,652 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 20,983,908 21,183,908 Program increase [200,000] SPARES AND REPAIR PARTS 066 SPARES AND REPAIR PARTS (CYBER) 978 978 067 SPARES AND REPAIR PARTS 9,575 9,575 TOTAL OTHER PROCUREMENT, AIR FORCE 25,251,137 25,748,022 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, OSD 081 AGILE PROCUREMENT TRANSITION PILOT 100,000 Program increase [100,000] MAJOR EQUIPMENT, SDA 024 MAJOR EQUIPMENT, DPAA 494 494 047 MAJOR EQUIPMENT, OSD 31,420 31,420 048 JOINT CAPABILITY TECH DEMONSTRATION (JCTD) 74,060 74,060 MAJOR EQUIPMENT, NSA 046 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) 315 315 MAJOR EQUIPMENT, DISA 010 INFORMATION SYSTEMS SECURITY 18,923 18,923 011 TELEPORT PROGRAM 34,908 34,908 012 JOINT FORCES HEADQUARTERS—DODIN 1,968 1,968 013 ITEMS LESS THAN $5 MILLION 42,270 42,270 014 DEFENSE INFORMATION SYSTEM NETWORK 18,025 18,025 015 WHITE HOUSE COMMUNICATION AGENCY 44,522 44,522 016 SENIOR LEADERSHIP ENTERPRISE 54,592 54,592 017 JOINT REGIONAL SECURITY STACKS (JRSS) 62,657 62,657 018 JOINT SERVICE PROVIDER 102,039 102,039 019 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) 80,645 80,645 MAJOR EQUIPMENT, DLA 021 MAJOR EQUIPMENT 530,896 510,896 Excess growth [–20,000] MAJOR EQUIPMENT, DCSA 002 MAJOR EQUIPMENT 3,014 3,014 MAJOR EQUIPMENT, TJS 049 MAJOR EQUIPMENT, TJS 7,830 7,830 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 029 THAAD 251,543 361,122 MDA UFR—Additional interceptors [109,579] 031 AEGIS BMD 334,621 334,621 032 AEGIS BMD 17,493 17,493 033 BMDS AN/TPY–2 RADARS 2,738 2,738 034 SM–3 IIAS 295,322 336,822 MDA UFR—Additional AURs [41,500] 035 ARROW 3 UPPER TIER SYSTEMS 62,000 62,000 036 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) 30,000 30,000 037 DEFENSE OF GUAM PROCUREMENT 40,000 80,000 INDOPACOM UFR—Guam Defense System [40,000] 038 AEGIS ASHORE PHASE III 25,866 25,866 039 IRON DOME 108,000 108,000 040 AEGIS BMD HARDWARE AND SOFTWARE 81,791 81,791 MAJOR EQUIPMENT, DHRA 004 PERSONNEL ADMINISTRATION 4,042 4,042 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 026 VEHICLES 118 118 027 OTHER MAJOR EQUIPMENT 12,681 12,681 MAJOR EQUIPMENT, DODEA 023 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 2,963 2,963 MAJOR EQUIPMENT, DMACT 022 MAJOR EQUIPMENT 8,498 8,498 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 635,338 635,338 AVIATION PROGRAMS 052 ARMED OVERWATCH/TARGETING 170,000 166,000 Unit cost growth [–4,000] 053 MANNED ISR 2,500 2,500 054 MC–12 2,250 2,250 055 MH–60 BLACKHAWK 29,900 29,900 056 ROTARY WING UPGRADES AND SUSTAINMENT 202,278 202,278 057 UNMANNED ISR 55,951 55,951 058 NON-STANDARD AVIATION 3,282 3,282 059 U–28 4,176 4,176 060 MH–47 CHINOOK 130,485 130,485 061 CV–22 MODIFICATION 41,762 47,572 SOCOM UFR—CV–22 reliability acceleration [5,810] 062 MQ–9 UNMANNED AERIAL VEHICLE 8,020 8,020 063 PRECISION STRIKE PACKAGE 165,224 165,224 064 AC/MC–130J 205,216 205,216 065 C–130 MODIFICATIONS 13,373 13,373 SHIPBUILDING 066 UNDERWATER SYSTEMS 17,227 23,327 SOCOM UFR—Combat diving advanced equipment acceleration [5,200] SOCOM UFR—Modernized forward look sonar [900] AMMUNITION PROGRAMS 067 ORDNANCE ITEMS <$5M 168,072 168,072 OTHER PROCUREMENT PROGRAMS 068 INTELLIGENCE SYSTEMS 131,889 131,889 069 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,991 5,991 070 OTHER ITEMS <$5M 62,722 62,722 071 COMBATANT CRAFT SYSTEMS 17,080 17,080 072 SPECIAL PROGRAMS 44,351 75,531 SOCOM UFR—Medium fixed wing mobility modifications [31,180] 073 TACTICAL VEHICLES 26,806 26,806 074 WARRIOR SYSTEMS <$5M 284,548 294,548 Radio integration system program upgrade [10,000] 075 COMBAT MISSION REQUIREMENTS 27,513 27,513 077 OPERATIONAL ENHANCEMENTS INTELLIGENCE 20,252 20,252 078 OPERATIONAL ENHANCEMENTS 328,569 389,872 SOCOM UFR—Armored ground mobility systems acceleration [33,303] SOCOM UFR—Fused panoramic night vision goggles acceleration [28,000] CBDP 079 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS 167,918 167,918 080 CB PROTECTION & HAZARD MITIGATION 189,265 183,884 TATPE excess growth [–5,381] TOTAL PROCUREMENT, DEFENSE-WIDE 5,548,212 5,924,303 NATIONAL GUARD AND RESERVE EQUIPMENT UNDISTRIBUTED 001 MISCELLANEOUS EQUIPMENT 950,000 Program increase [950,000] TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT 950,000 TOTAL PROCUREMENT 132,205,078 146,884,599", "id": "H648D504114FB4D0688901604AEA20424", "header": "Procurement" }, { "text": "4201. Research, development, test, and evaluation \nSEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Line Program Element Item FY 2022 Request Conference Authorized RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 001 0601102A DEFENSE RESEARCH SCIENCES 297,241 328,788 Program increase [22,047] Program increase—digital thread for advanced manufacturing [5,000] Program increase—lightweight high entropy metallic alloy discovery [3,000] Program increase—unmanned aerial systems hybrid propulsion [1,500] 002 0601103A UNIVERSITY RESEARCH INITIATIVES 66,981 96,981 Program increase—defense university research instrumentation program [30,000] 003 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 94,003 103,003 Program increase—biotechnology advancements [4,000] SMART and cognitive research for RF/radar [5,000] 004 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,067 5,067 005 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH 10,183 15,183 Program increase—extreme events in structurally evolving materials [5,000] SUBTOTAL BASIC RESEARCH 473,475 549,022 APPLIED RESEARCH 006 0602115A BIOMEDICAL TECHNOLOGY 11,925 11,925 007 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES 1,976 1,976 008 0602141A LETHALITY TECHNOLOGY 64,126 65,126 CPF—research and development of next generation explosives and propellants [1,000] 009 0602142A ARMY APPLIED RESEARCH 28,654 28,654 010 0602143A SOLDIER LETHALITY TECHNOLOGY 105,168 115,168 Program increase—Pathfinder air assault [10,000] 011 0602144A GROUND TECHNOLOGY 56,400 105,400 Additive manufacturing materials [8,000] CPF—Army Research Lab (ARL) Additive Manufacturing/Machine Learning (AM/ML) Initiative [5,000] Military footwear research [2,500] Modeling enabled multifunctional materials development (MEMMD) [6,000] Program increase—advanced manufacturing materials processes initiative [10,000] Program increase—advanced polymers for force protection [8,000] Program increase—ceramic materials for extreme environments [2,500] Program increase—earthen structures soil enhancement [3,000] Program increase—polar proving ground and training program [2,000] Program increase—verified inherent control [2,000] 012 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY 172,166 192,666 CPF—high-efficiency truck users forum (HTUF) [2,500] CPF—structural thermoplastics large-scale low-cost tooling solutions [4,500] Light detection and ranging (LiDAR) technology [2,500] Program increase—prototyping energy smart autonomous ground systems [8,000] Tactical behaviors for autonomous maneuver [3,000] 013 0602146A NETWORK C3I TECHNOLOGY 84,606 120,406 Alternative PNT [8,000] CPF—future nano- and micro-fabrication - Advanced Materials Engineering Research Institute [6,800] CPF—multiple drone, multiple sensor ISR capabilities [5,000] Distributed radio frequency sensor/effector technology for strategic defense [8,000] Intelligent electronic protection technologies [6,000] UAS sensor research [2,000] 014 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 64,285 67,285 Program increase—novel printed armaments components [3,000] 015 0602148A FUTURE VERTICLE LIFT TECHNOLOGY 91,411 91,411 016 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 19,316 72,566 Advancement of critical HEL technologies [10,000] Counter-UAS applied research [5,000] Cyber electromagnetic (CEMA) missile defender [15,000] High energy laser integration [10,000] Program increase—kill chain automation [8,000] Program increase—precision long range integrated strike [5,250] 017 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES 15,034 15,034 018 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH 25,967 25,967 019 0602182A C3I APPLIED RESEARCH 12,406 12,406 020 0602183A AIR PLATFORM APPLIED RESEARCH 6,597 16,597 High density eVTOL power source [10,000] 021 0602184A SOLDIER APPLIED RESEARCH 11,064 11,064 022 0602213A C3I APPLIED CYBER 12,123 12,123 023 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH 20,643 20,643 024 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 18,701 18,701 025 0602787A MEDICAL TECHNOLOGY 91,720 95,720 CPF—human performance optimization (HPO) center [2,000] CPF—suicide prevention with focus on rural, remote, isolated, and OCONUS locations [2,000] SUBTOTAL APPLIED RESEARCH 914,288 1,100,838 ADVANCED TECHNOLOGY DEVELOPMENT 026 0603002A MEDICAL ADVANCED TECHNOLOGY 43,804 43,804 027 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 14,273 14,273 028 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION 22,231 22,231 029 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES 909 909 030 0603041A ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY 17,743 17,743 031 0603042A C3I ADVANCED TECHNOLOGY 3,151 3,151 032 0603043A AIR PLATFORM ADVANCED TECHNOLOGY 754 754 033 0603044A SOLDIER ADVANCED TECHNOLOGY 890 890 034 0603115A MEDICAL DEVELOPMENT 26,521 26,521 035 0603116A LETHALITY ADVANCED TECHNOLOGY 8,066 8,066 036 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT 76,815 76,815 037 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY 107,966 115,966 Program increase [8,000] 038 0603119A GROUND ADVANCED TECHNOLOGY 23,403 68,403 Additive manufacturing capabilities for austere operating environments [14,000] CPF—military operations in a permafrost environment [3,000] Ground advanced technology—3D printed structures [2,000] Polar research and testing [4,000] Program increase—3D printing of infrastructure [5,000] Program increase—cold weather research [2,000] Program increase—entry control points at installations [5,000] Program increase—graphene applications for military engineering [2,000] Program increase—rapid entry and sustainment for the arctic [8,000] 039 0603134A COUNTER IMPROVISED-THREAT SIMULATION 24,747 24,747 040 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH 53,736 53,736 041 0603457A C3I CYBER ADVANCED DEVELOPMENT 31,426 31,426 042 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 189,123 229,123 Program increase [40,000] 043 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY 164,951 179,951 Cyber and connected vehicle integration research [3,500] Program increase—combat vehicle lithium 6T battery development [1,500] Robotics development [5,000] Vehicle cyber security research [5,000] 044 0603463A NETWORK C3I ADVANCED TECHNOLOGY 155,867 161,867 C3I assured position, navigation, and timing technology [4,000] Command post modernization [2,000] 045 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 93,909 113,909 Missile effects planning tool development [10,000] Project AG5 [10,000] 046 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY 179,677 187,677 Program increase—20mm chaingun development for FLARA [8,000] 047 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY 48,826 68,826 Program increase—armored combat vehicle HEL integration [10,000] Program increase—missile MENTOR [10,000] 048 0603920A HUMANITARIAN DEMINING 8,649 8,649 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,297,437 1,459,437 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 049 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION 11,702 25,702 Electro-magnetic denial and protect [6,000] PNT resiliency lab [8,000] 050 0603308A ARMY SPACE SYSTEMS INTEGRATION 18,755 20,755 Program increase—multi-function and multi-mission payload [2,000] 051 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING 5,000 Program increase—machine learning for integrated fires [5,000] 052 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 50,314 48,814 Test and evaluation excess [–1,500] 053 0603639A TANK AND MEDIUM CALIBER AMMUNITION 79,873 77,373 Testing excess [–2,500] 054 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV 170,590 166,590 Excess to need [–4,000] 055 0603747A SOLDIER SUPPORT AND SURVIVABILITY 2,897 2,897 056 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 113,365 113,365 057 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 18,000 21,804 Soldier maneuver sensors adv dev lethality smart system—Army UPL [3,804] 058 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 11,921 11,921 059 0603790A NATO RESEARCH AND DEVELOPMENT 3,777 3,777 060 0603801A AVIATION—ADV DEV 1,125,641 1,134,141 Excess to need [–24,500] Program increase—FLRAA [33,000] 061 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 7,055 7,055 062 0603807A MEDICAL SYSTEMS—ADV DEV 22,071 22,071 063 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 17,459 17,459 064 0604017A ROBOTICS DEVELOPMENT 87,198 75,048 Excess carryover [–7,150] Unjustified growth—other support costs [–5,000] 065 0604019A EXPANDED MISSION AREA MISSILE (EMAM) 50,674 43,674 IFPC-HEL late contract award [–7,000] 067 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY 19,638 19,638 068 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV 50,548 50,548 069 0604037A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV DEV 28,347 28,347 070 0604100A ANALYSIS OF ALTERNATIVES 10,091 10,091 071 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) 926 926 072 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) 69,697 75,697 Army UFR—Acceleration of FTUAS [6,000] 073 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR 327,690 307,567 Long term power and support costs ahead of need [–20,123] 074 0604115A TECHNOLOGY MATURATION INITIATIVES 270,124 180,324 Insufficient justification [–80,000] Program decrease [–9,800] 075 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 39,376 39,376 076 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING 189,483 189,483 077 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) 96,679 96,679 078 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING 194,195 196,795 Prior-year carryover [–2,000] Program increase—multi-sensor terrain data capture and processing [4,600] 079 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 13,379 13,379 080 0604182A HYPERSONICS 300,928 300,928 081 0604403A FUTURE INTERCEPTOR 7,895 7,895 082 0604531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT 19,148 19,148 083 0604541A UNIFIED NETWORK TRANSPORT 35,409 35,409 084 0604644A MOBILE MEDIUM RANGE MISSILE 286,457 286,457 085 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) 2,040 2,040 086 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 52,988 52,988 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 3,806,330 3,711,161 SYSTEM DEVELOPMENT & DEMONSTRATION 089 0604201A AIRCRAFT AVIONICS 6,654 6,654 090 0604270A ELECTRONIC WARFARE DEVELOPMENT 30,840 26,440 Early to need [–4,400] 091 0604601A INFANTRY SUPPORT WEAPONS 67,873 72,873 Program increase—turret gunner survivability and simulation environment [5,000] 092 0604604A MEDIUM TACTICAL VEHICLES 11,374 11,374 093 0604611A JAVELIN 7,094 7,094 094 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 31,602 30,077 Leader/follower test support ahead of need [–1,525] 095 0604633A AIR TRAFFIC CONTROL 4,405 4,405 096 0604642A LIGHT TACTICAL WHEELED VEHICLES 2,055 7,655 Army UFR—Electric light reconnaissance vehicle [5,600] 097 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV 137,256 135,506 Government support excess [–1,750] 098 0604710A NIGHT VISION SYSTEMS—ENG DEV 62,690 112,690 Transfer from Other Procurement, Army line 83 [50,000] 099 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 1,658 1,658 100 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 26,540 26,540 101 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 59,518 59,518 102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 22,331 22,331 103 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 8,807 8,807 104 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 7,453 7,453 107 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 21,534 21,534 108 0604802A WEAPONS AND MUNITIONS—ENG DEV 309,778 306,722 C-DAEM overestimation [–3,056] 109 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 59,261 52,261 Excess carryover [–7,000] 110 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 20,121 20,121 111 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 44,424 44,424 112 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 14,137 9,137 Insufficient justification [–5,000] 113 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 162,704 162,704 114 0604820A RADAR DEVELOPMENT 127,919 127,919 115 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 17,623 17,623 117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 6,454 6,454 118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 106,354 127,354 Army UFR—Active protection systems for Bradley and Stryker [21,000] 120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 120,168 GFIM unjustified growth [–2,000] 121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 76,936 58,736 Program decrease [–18,200] 122 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) 35,560 35,560 124 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 16,364 16,364 125 0605031A JOINT TACTICAL NETWORK (JTN) 28,954 28,954 128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 16,630 16,630 130 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE 7,618 7,618 131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 18,892 13,892 Cyber situational understanding reduction [–5,000] 132 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 28,849 28,849 133 0605047A CONTRACT WRITING SYSTEM 22,960 20,960 Program reduction [–2,000] 135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 65,603 65,603 136 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 233,512 233,512 137 0605053A GROUND ROBOTICS 18,241 18,241 138 0605054A EMERGING TECHNOLOGY INITIATIVES 254,945 254,945 139 0605143A BIOMETRICS ENABLING CAPABILITY (BEC) 4,326 4,326 140 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM 15,616 15,616 141 0605145A MEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT 962 962 142 0605148A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD 54,972 54,972 143 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 122,175 122,175 144 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) 2,275 2,275 145 0605224A MULTI-DOMAIN INTELLIGENCE 9,313 9,313 146 0605225A SIO CAPABILITY DEVELOPMENT 22,713 22,713 147 0605231A PRECISION STRIKE MISSILE (PRSM) 188,452 188,452 148 0605232A HYPERSONICS EMD 111,473 111,473 149 0605233A ACCESSIONS INFORMATION ENVIRONMENT (AIE) 18,790 18,790 150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,134 2,134 151 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 157,873 157,873 152 0605531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS DEV & DEMONSTRATION 33,386 33,386 153 0605625A MANNED GROUND VEHICLE 225,106 203,106 Excess carryover [–10,000] Unjustified growth—other support costs [–7,000] Unjustified growth—program management [–5,000] 154 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 14,454 14,454 155 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 2,564 2,564 156 0605830A AVIATION GROUND SUPPORT EQUIPMENT 1,201 1,201 157 0303032A TROJAN—RH12 3,362 3,362 161 0304270A ELECTRONIC WARFARE DEVELOPMENT 75,520 75,520 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,392,358 3,402,027 MANAGEMENT SUPPORT 162 0604256A THREAT SIMULATOR DEVELOPMENT 18,439 18,439 163 0604258A TARGET SYSTEMS DEVELOPMENT 17,404 17,404 164 0604759A MAJOR T&E INVESTMENT 68,139 68,139 165 0605103A RAND ARROYO CENTER 33,126 33,126 166 0605301A ARMY KWAJALEIN ATOLL 240,877 240,877 167 0605326A CONCEPTS EXPERIMENTATION PROGRAM 79,710 79,710 169 0605601A ARMY TEST RANGES AND FACILITIES 354,227 354,227 170 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 49,253 49,253 171 0605604A SURVIVABILITY/LETHALITY ANALYSIS 36,389 36,389 172 0605606A AIRCRAFT CERTIFICATION 2,489 2,489 173 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES 6,689 6,689 174 0605706A MATERIEL SYSTEMS ANALYSIS 21,558 21,558 175 0605709A EXPLOITATION OF FOREIGN ITEMS 13,631 13,631 176 0605712A SUPPORT OF OPERATIONAL TESTING 55,122 55,122 177 0605716A ARMY EVALUATION CENTER 65,854 65,854 178 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 2,633 2,633 179 0605801A PROGRAMWIDE ACTIVITIES 96,589 96,589 180 0605803A TECHNICAL INFORMATION ACTIVITIES 26,808 26,808 181 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 43,042 48,042 Program increase—polymer case ammunition [5,000] 182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,789 1,789 183 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA 52,108 52,108 185 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 80,952 80,952 186 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 5,363 5,363 187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES 39,041 39,041 188 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 5,466 5,466 SUBTOTAL MANAGEMENT SUPPORT 1,416,698 1,421,698 OPERATIONAL SYSTEMS DEVELOPMENT UNDISTRIBUTED 190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 12,314 12,314 191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT 8,868 8,868 192 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 22,828 30,828 Agile manufacturing for advanced armament systems [8,000] 194 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 4,773 4,773 195 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 52,372 70,372 CH–47 Chinook cargo on/off loading system [8,000] Program increase—T55–714C acceleration [10,000] 196 0607139A IMPROVED TURBINE ENGINE PROGRAM 275,024 315,024 Army improved turbine engine program [40,000] 197 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT 12,417 12,417 198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 4,594 4,594 199 0607145A APACHE FUTURE DEVELOPMENT 10,067 25,067 Program increase [15,000] 200 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM 56,681 56,681 201 0607150A INTEL CYBER DEVELOPMENT 3,611 12,471 Army UFR—Cyber-Info Dominance Center [8,860] 202 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 28,029 28,029 203 0607313A ELECTRONIC WARFARE DEVELOPMENT 5,673 5,673 204 0607665A FAMILY OF BIOMETRICS 1,178 1,178 205 0607865A PATRIOT PRODUCT IMPROVEMENT 125,932 125,932 206 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) 25,547 25,547 207 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 211,523 276,523 Program increase—Abrams modernization [65,000] 208 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS 213,281 208,136 Excess carryover [–5,145] 210 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 132 132 211 0203758A DIGITIZATION 3,936 3,936 212 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 127 127 213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 10,265 10,265 214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV 262 262 215 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM 182 182 216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) 63,937 63,937 217 0208053A JOINT TACTICAL GROUND SYSTEM 13,379 13,379 219 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 24,531 24,531 220 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 15,720 11,720 Carryover [–4,000] 221 0303141A GLOBAL COMBAT SUPPORT SYSTEM 52,739 61,739 Army UFR—ERP convergence/modernization [9,000] 222 0303142A SATCOM GROUND ENVIRONMENT (SPACE) 15,247 15,247 226 0305179A INTEGRATED BROADCAST SERVICE (IBS) 5,430 5,430 227 0305204A TACTICAL UNMANNED AERIAL VEHICLES 8,410 8,410 228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 24,460 24,460 233 0307665A BIOMETRICS ENABLED INTELLIGENCE 2,066 2,066 234 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 61,720 76,720 Digital night vision cameras [15,000] SUBTOTAL UNDISTRIBUTED 169,715 999 9999999999 CLASSIFIED PROGRAMS 2,993 2,993 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,380,248 1,549,963 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 237 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT 118,811 118,811 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 118,811 118,811 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 12,799,645 13,312,957 RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 001 0601103N UNIVERSITY RESEARCH INITIATIVES 117,448 167,448 Defense university research instrumentation program [20,000] University research programs [30,000] 002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH 23,399 Program increase [23,399] 003 0601153N DEFENSE RESEARCH SCIENCES 484,421 489,406 CPF—Digital twins for Navy maintenance [1,985] Program increase [3,000] SUBTOTAL BASIC RESEARCH 601,869 680,253 APPLIED RESEARCH 004 0602114N POWER PROJECTION APPLIED RESEARCH 23,013 31,013 Program increase—multi-mission UAV-borne electronic attack [8,000] 005 0602123N FORCE PROTECTION APPLIED RESEARCH 122,888 138,388 Relative positioning of autonomous platforms [3,000] Resilient Innovative Sustainable Economies via University Partnerships (RISE-UP) [2,000] Talent and technology for Navy power and energy systems [10,500] 006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 51,112 58,612 Program increase—unmanned logistics solutions [7,500] 007 0602235N COMMON PICTURE APPLIED RESEARCH 51,477 51,477 008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 70,547 78,547 Anti-corrosion nanotechnologies [3,000] High mobility ground robots to assist dismounted infantry in urban operations [5,000] 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 85,157 85,157 010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 70,086 70,086 011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 6,405 6,405 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH 57,484 98,984 Academic partnerships for undersea vehicle research and manufacturing [16,500] Continuous distributed sensing systems [4,000] CPF—connected AI for autonomous UUV systems [5,000] CPF—persistent maritime surveillance [5,000] Program increase—undersea warfare applied research ocean aero [11,000] 013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 173,356 193,356 Program increase—long endurance, autonomous mobile acoustic detection systems [20,000] 014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 32,160 32,160 015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH 152,976 152,976 016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES 79,254 79,254 SUBTOTAL APPLIED RESEARCH 975,915 1,076,415 ADVANCED TECHNOLOGY DEVELOPMENT 017 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 21,661 21,661 018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY 8,146 8,146 019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 224,155 274,055 Marine Corps UFR—Maritime Targeting Cell-Expeditionary [5,300] Marine Corps UFR—Unmanned adversary technology investment [10,000] Next generation logistics—autonomous littoral connector [9,600] Program increase—low-cost atrittable aircraft technology [25,000] 020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 13,429 13,429 021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 265,299 265,299 022 0603680N MANUFACTURING TECHNOLOGY PROGRAM 57,236 57,236 023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY 4,935 4,935 024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 47,167 47,167 025 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 1,981 1,981 026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT 133,779 153,779 Attritable group III ultra-long endurance unmanned aircraft for persistent ISR [10,000] Program increase—railgun [10,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 777,788 847,688 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 027 0603128N UNMANNED AERIAL SYSTEM 16,879 16,879 028 0603178N MEDIUM AND LARGE UNMANNED SURFACE VEHICLES (USVS) 144,846 102,846 LUSV integrated combat system early to need [–42,000] 029 0603207N AIR/OCEAN TACTICAL APPLICATIONS 27,849 27,849 030 0603216N AVIATION SURVIVABILITY 16,815 16,815 031 0603239N NAVAL CONSTRUCTION FORCES 5,290 5,290 033 0603254N ASW SYSTEMS DEVELOPMENT 17,612 17,612 034 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,111 3,111 035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 32,310 32,310 036 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 58,013 58,013 037 0603506N SURFACE SHIP TORPEDO DEFENSE 1,862 1,862 038 0603512N CARRIER SYSTEMS DEVELOPMENT 7,182 7,182 039 0603525N PILOT FISH 408,087 408,087 040 0603527N RETRACT LARCH 44,197 44,197 041 0603536N RETRACT JUNIPER 144,541 144,541 042 0603542N RADIOLOGICAL CONTROL 761 761 043 0603553N SURFACE ASW 1,144 1,144 044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 99,782 99,782 045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 14,059 14,059 046 0603563N SHIP CONCEPT ADVANCED DESIGN 111,590 111,590 047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 106,957 106,957 048 0603570N ADVANCED NUCLEAR POWER SYSTEMS 203,572 203,572 049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 78,122 78,122 050 0603576N CHALK EAGLE 80,270 80,270 051 0603581N LITTORAL COMBAT SHIP (LCS) 84,924 84,924 052 0603582N COMBAT SYSTEM INTEGRATION 17,322 17,322 053 0603595N OHIO REPLACEMENT 296,231 303,731 Program increase—composites development [7,500] 054 0603596N LCS MISSION MODULES 75,995 75,995 055 0603597N AUTOMATED TEST AND RE-TEST (ATRT) 7,805 7,805 056 0603599N FRIGATE DEVELOPMENT 109,459 109,459 057 0603609N CONVENTIONAL MUNITIONS 7,296 7,296 058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 77,065 67,707 Armored reconnaissance vehicle GFE excess to need [–4,400] Armored reconnaissance vehicle testing early to need [–4,958] 059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 34,785 34,785 060 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 8,774 8,774 061 0603721N ENVIRONMENTAL PROTECTION 20,677 20,677 062 0603724N NAVY ENERGY PROGRAM 33,824 43,824 AR3P auto refueling system [10,000] 063 0603725N FACILITIES IMPROVEMENT 6,327 6,327 064 0603734N CHALK CORAL 579,389 579,389 065 0603739N NAVY LOGISTIC PRODUCTIVITY 669 669 066 0603746N RETRACT MAPLE 295,295 295,295 067 0603748N LINK PLUMERIA 692,280 692,280 068 0603751N RETRACT ELM 83,904 83,904 069 0603764M LINK EVERGREEN 221,253 264,453 Marine Corps UFR—Additional development [43,200] 071 0603790N NATO RESEARCH AND DEVELOPMENT 5,805 5,805 072 0603795N LAND ATTACK TECHNOLOGY 4,017 4,017 073 0603851M JOINT NON-LETHAL WEAPONS TESTING 29,589 29,589 074 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 24,450 24,450 075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS 81,803 81,803 076 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 48,793 48,793 077 0604027N DIGITAL WARFARE OFFICE 46,769 55,752 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [8,983] 078 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES 84,676 84,676 079 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES 59,299 59,299 081 0604031N LARGE UNMANNED UNDERSEA VEHICLES 88,063 81,407 Contract award excess to need [–6,656] 082 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) 121,509 121,509 083 0604126N LITTORAL AIRBORNE MCM 18,669 15,187 COBRA Block II early to need [–3,482] 084 0604127N SURFACE MINE COUNTERMEASURES 13,655 13,655 085 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 33,246 33,246 086 0604289M NEXT GENERATION LOGISTICS 1,071 1,071 087 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) 9,825 9,825 088 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 6,555 6,555 089 0604454N LX (R) 3,344 3,344 090 0604536N ADVANCED UNDERSEA PROTOTYPING 58,473 51,283 Test and evaluation excess to need [–7,190] 091 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) 5,529 5,529 092 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 97,944 97,944 093 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 9,340 9,340 094 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 127,756 104,756 Project 3343 lack of program justification [–23,000] 095 0605512N MEDIUM UNMANNED SURFACE VEHICLES (MUSVS)) 60,028 60,028 096 0605513N UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES 170,838 123,838 USV machinery qualification insufficient justification [–47,000] 097 0605514M GROUND BASED ANTI-SHIP MISSILE (MARFORRES) 102,716 102,716 098 0605516M LONG RANGE FIRES (MARFORRES) 88,479 88,479 099 0605518N CONVENTIONAL PROMPT STRIKE (CPS) 1,372,340 1,498,340 Navy UFR—Additional CPS development [126,000] 100 0303354N ASW SYSTEMS DEVELOPMENT—MIP 8,571 8,571 101 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 16,204 23,204 Program increase—K-max unmanned logistics system [7,000] 102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 506 506 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 7,077,987 7,141,984 SYSTEM DEVELOPMENT & DEMONSTRATION 103 0603208N TRAINING SYSTEM AIRCRAFT 5,864 5,864 104 0604212N OTHER HELO DEVELOPMENT 56,444 49,312 Attack and utility replacement aircraft excess studies and analysis [–7,132] 105 0604214M AV–8B AIRCRAFT—ENG DEV 10,146 10,146 106 0604215N STANDARDS DEVELOPMENT 4,082 4,082 107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 46,418 54,418 Program increase—MH–60 modernization [8,000] 108 0604221N P–3 MODERNIZATION PROGRAM 579 579 109 0604230N WARFARE SUPPORT SYSTEM 10,167 10,167 110 0604231N COMMAND AND CONTROL SYSTEMS 122,913 122,913 111 0604234N ADVANCED HAWKEYE 386,860 386,860 112 0604245M H–1 UPGRADES 50,158 50,158 113 0604261N ACOUSTIC SEARCH SENSORS 46,066 46,066 114 0604262N V–22A 107,984 107,984 115 0604264N AIR CREW SYSTEMS DEVELOPMENT 22,746 22,746 116 0604269N EA–18 68,425 68,425 117 0604270N ELECTRONIC WARFARE DEVELOPMENT 139,535 136,593 Dual band decoy previously funded [–2,942] 118 0604273M EXECUTIVE HELO DEVELOPMENT 45,932 45,932 119 0604274N NEXT GENERATION JAMMER (NGJ) 243,923 235,423 Test and evaluation delays [–8,500] 120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 234,434 243,417 Navy tactical grid development for JADC2 [8,983] 121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 248,096 230,100 Contract delays [–17,996] 122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 371,575 371,575 123 0604311N LPD–17 CLASS SYSTEMS INTEGRATION 904 904 124 0604329N SMALL DIAMETER BOMB (SDB) 46,769 46,769 125 0604366N STANDARD MISSILE IMPROVEMENTS 343,511 343,511 126 0604373N AIRBORNE MCM 10,881 10,881 127 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 46,121 52,621 Program increase—stratospheric balloons [6,500] 128 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) 15,000 Program increase [15,000] 129 0604501N ADVANCED ABOVE WATER SENSORS 77,852 77,852 130 0604503N SSN–688 AND TRIDENT MODERNIZATION 95,693 95,693 131 0604504N AIR CONTROL 27,499 27,499 132 0604512N SHIPBOARD AVIATION SYSTEMS 8,924 8,924 133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,631 11,631 134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM 96,556 96,556 135 0604530N ADVANCED ARRESTING GEAR (AAG) 147 147 136 0604558N NEW DESIGN SSN 503,252 603,252 SSN Block VI design and advanced capabilities [100,000] 137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 62,115 62,115 138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 54,829 54,829 139 0604574N NAVY TACTICAL COMPUTER RESOURCES 4,290 4,290 140 0604601N MINE DEVELOPMENT 76,027 65,646 Encapsulated effector contract delays [–10,381] 141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 94,386 94,386 142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 8,348 8,348 143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV 42,144 42,144 144 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 7,375 7,375 146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 149,433 149,433 147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 87,862 84,488 Project 0173 MK9 CWTI replacement delay [–3,374] 148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 69,006 69,006 149 0604761N INTELLIGENCE ENGINEERING 20,684 20,684 150 0604771N MEDICAL DEVELOPMENT 3,967 11,467 Program increase—autonomous aerial technology for distributed logistics [7,500] 151 0604777N NAVIGATION/ID SYSTEM 48,837 48,837 152 0604800M JOINT STRIKE FIGHTER (JSF)—EMD 577 577 153 0604800N JOINT STRIKE FIGHTER (JSF)—EMD 262 262 154 0604850N SSN(X) 29,829 29,829 155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277 156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 239,892 Contract writing systems reduction [–3,936] 157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT 8,426 8,426 158 0605180N TACAMO MODERNIZATION 150,592 90,472 Unjustified air vehicle acquisition strategy [–60,120] 159 0605212M CH–53K RDTE 256,903 256,903 160 0605215N MISSION PLANNING 88,128 88,128 161 0605217N COMMON AVIONICS 60,117 92,017 Marine Corps UFR—MANGL Digital Interoperability [31,900] 162 0605220N SHIP TO SHORE CONNECTOR (SSC) 6,320 6,320 163 0605327N T-AO 205 CLASS 4,336 4,336 164 0605414N UNMANNED CARRIER AVIATION (UCA) 268,937 268,937 165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 356 356 166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 27,279 27,279 167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 173,784 173,784 168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION 80,709 80,709 169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION 2,005 2,005 170 0204202N DDG–1000 112,576 112,576 174 0304785N ISR & INFO OPERATIONS 136,140 133,781 Program decrease [–2,359] 175 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 26,318 26,318 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 5,910,089 5,971,232 MANAGEMENT SUPPORT 176 0604256N THREAT SIMULATOR DEVELOPMENT 20,862 20,862 177 0604258N TARGET SYSTEMS DEVELOPMENT 12,113 12,113 178 0604759N MAJOR T&E INVESTMENT 84,617 84,617 179 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 3,108 3,108 180 0605154N CENTER FOR NAVAL ANALYSES 38,590 38,590 183 0605804N TECHNICAL INFORMATION SERVICES 934 934 184 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 93,966 93,966 185 0605856N STRATEGIC TECHNICAL SUPPORT 3,538 3,538 186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 135,149 135,149 187 0605864N TEST AND EVALUATION SUPPORT 429,277 429,277 188 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 24,872 24,872 189 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 17,653 17,653 190 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 8,065 8,065 191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 47,042 44,042 Wargaming capability project restructured [–3,000] 192 0605898N MANAGEMENT HQ—R&D 35,614 35,614 193 0606355N WARFARE INNOVATION MANAGEMENT 38,958 38,958 194 0305327N INSIDER THREAT 2,581 2,581 195 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) 1,747 1,747 SUBTOTAL MANAGEMENT SUPPORT 998,686 995,686 OPERATIONAL SYSTEMS DEVELOPMENT 199 0604840M F–35 C2D2 515,746 515,746 200 0604840N F–35 C2D2 481,962 481,962 201 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS (MARFORRES) 65,381 65,381 202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 176,486 176,486 203 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 177,098 198,998 D5LE2 integration and test early to need [–2,100] Next generation strategic inertial measurement unit [9,000] Strategic weapons system shipboard navigation modernization [15,000] 204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 45,775 45,775 205 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 64,752 64,752 206 0101402N NAVY STRATEGIC COMMUNICATIONS 35,451 35,451 207 0204136N F/A–18 SQUADRONS 189,224 196,224 Program increase—neural network algorithms on advanced processors [3,000] Program increase—noise reduction research [4,000] 208 0204228N SURFACE SUPPORT 13,733 13,733 209 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 132,181 132,181 210 0204311N INTEGRATED SURVEILLANCE SYSTEM 84,276 84,276 211 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 6,261 6,261 212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 1,657 1,657 213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 21,367 68,367 Marine Corps UFR—Air traffic control Block IV development [23,000] Marine Corps UFR—Radar signal processor refresh [12,000] Marine Corps UFR—Software mods to implement NIFC [12,000] 214 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 56,741 56,741 215 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 62,006 62,006 216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 133,520 125,823 Program decrease [–7,697] 217 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 28,804 28,804 218 0205632N MK–48 ADCAP 114,492 114,492 219 0205633N AVIATION IMPROVEMENTS 132,486 132,486 220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 113,760 113,760 221 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 89,897 92,697 Compact solid state antenna—USMC UPL [2,800] 222 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) 9,324 12,824 Marine Corps UFR—Software development for NIFC integration [3,500] 223 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 108,235 108,235 224 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 13,185 13,185 225 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 37,695 44,295 Marine Corps UFR—G-BOSS High Definition modernization [3,700] Marine Corps UFR—SCINet transition [2,900] 226 0206629M AMPHIBIOUS ASSAULT VEHICLE 7,551 7,551 227 0207161N TACTICAL AIM MISSILES 23,881 23,881 228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 32,564 32,564 229 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,101 3,101 234 0303138N AFLOAT NETWORKS 30,890 35,690 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [4,800] 235 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,311 33,311 236 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 7,514 7,514 237 0305204N TACTICAL UNMANNED AERIAL VEHICLES 9,837 9,837 238 0305205N UAS INTEGRATION AND INTEROPERABILITY 9,797 9,797 239 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 38,800 38,800 240 0305220N MQ–4C TRITON 13,029 13,029 241 0305231N MQ–8 UAV 26,543 26,543 242 0305232M RQ–11 UAV 533 533 243 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 1,772 1,772 245 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 59,252 59,252 246 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) 9,274 9,274 247 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 36,378 36,378 248 0305421N RQ–4 MODERNIZATION 134,323 134,323 249 0307577N INTELLIGENCE MISSION DATA (IMD) 907 907 250 0308601N MODELING AND SIMULATION SUPPORT 9,772 9,772 251 0702207N DEPOT MAINTENANCE (NON-IF) 36,880 41,880 CPF—defense industrial skills and technology training [5,000] 252 0708730N MARITIME TECHNOLOGY (MARITECH) 3,329 3,329 999 9999999999 CLASSIFIED PROGRAMS 1,872,586 1,872,586 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 5,313,319 5,404,222 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 254 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM 13,703 13,703 255 0608113N NAVY NEXT GENERATION ENTERPRISE NETWORK (NGEN)—SOFTWARE PILOT PROGRAM 955,151 955,151 256 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM 14,855 14,855 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 983,709 983,709 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 22,639,362 23,101,189 RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 001 0601102F DEFENSE RESEARCH SCIENCES 328,303 347,823 Program increase—basic research [19,520] 002 0601103F UNIVERSITY RESEARCH INITIATIVES 162,403 193,903 CPF—neural-enabled prosthetics [1,500] University research programs [30,000] SUBTOTAL BASIC RESEARCH 490,706 541,726 APPLIED RESEARCH 004 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH 79,901 79,901 005 0602102F MATERIALS 113,460 145,460 Continuous composites 3D printing [7,000] CPF—affordable multifunctional aerospace composites [10,000] Digital maintenance advisor [5,000] High energy synchrotron x-ray research [5,000] Maturation of carbon/carbon thermal protection systems [5,000] 006 0602201F AEROSPACE VEHICLE TECHNOLOGIES 163,032 170,532 Ground test and development of hypersonic engines [5,000] Nano-UAS for the military warfighter [2,500] 007 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 136,273 136,273 008 0602203F AEROSPACE PROPULSION 174,683 181,683 Low-cost small turbine engine research [7,000] 009 0602204F AEROSPACE SENSORS 198,918 461,918 Chip-locking microelectronics security [6,000] Cyber assurance and assessment of electronic hardware systems [7,000] Microelectronics research network [250,000] 011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES 8,891 8,891 012 0602602F CONVENTIONAL MUNITIONS 151,757 151,757 013 0602605F DIRECTED ENERGY TECHNOLOGY 111,052 113,552 CPF—directed energy research and education for workforce development [2,500] 014 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 169,110 181,110 CPF—assessment of a national laboratory for transformational computing [2,000] Program increase—quantum network testbed [10,000] SUBTOTAL APPLIED RESEARCH 1,307,077 1,631,077 ADVANCED TECHNOLOGY DEVELOPMENT 017 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS 131,643 187,643 Procure Valkyrie aircraft [75,000] Program reduction [–19,000] 018 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 31,905 41,905 Metals affordability research [10,000] 019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 21,057 21,057 020 0603203F ADVANCED AEROSPACE SENSORS 45,464 54,764 Authorization software for autonomous sensors [9,300] 021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 70,486 85,486 Enhanced capability hypersonic airbreathing testbed [15,000] 022 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY 75,273 159,773 CPF—development of advanced propulsion technologies for hypersonic systems [5,000] Ground testing of reusable high mach turbine engines [20,000] Next generation UAS propulsion development [30,000] Reusable high mach turbine engine [29,500] 023 0603270F ELECTRONIC COMBAT TECHNOLOGY 46,591 46,591 026 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT 24,589 24,589 027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 157,423 157,423 028 0603605F ADVANCED WEAPONS TECHNOLOGY 28,258 33,258 Program increase—LIDAR CUAS automated target recognition [5,000] 029 0603680F MANUFACTURING TECHNOLOGY PROGRAM 45,259 157,259 Aerospace and defense supply ecosystem [6,000] CPF—additive manufacturing and ultra-high performance concrete [5,000] Program increase [70,000] Smart manufacturing digital thread initiative [10,000] Sustainment and modernization research and development program [7,000] Universal robotic controller [6,000] Virtual, augmented, and mixed reality readiness [8,000] 030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION 56,772 56,772 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 734,720 1,026,520 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 5,795 5,795 032 0603742F COMBAT IDENTIFICATION TECHNOLOGY 21,939 21,939 033 0603790F NATO RESEARCH AND DEVELOPMENT 4,114 4,114 034 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 49,621 49,621 036 0604001F NC3 ADVANCED CONCEPTS 6,900 6,900 037 0604002F AIR FORCE WEATHER SERVICES RESEARCH 986 986 038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) 203,849 203,849 039 0604004F ADVANCED ENGINE DEVELOPMENT 123,712 380,712 Program increase—AETP [257,000] 040 0604006F ARCHITECTURE INITIATIVES 82,438 128,438 Acceleration of tactical datalink waveform [80,000] Program decrease [–34,000] 041 0604015F LONG RANGE STRIKE—BOMBER 2,872,624 2,872,624 042 0604032F DIRECTED ENERGY PROTOTYPING 10,820 10,820 043 0604033F HYPERSONICS PROTOTYPING 438,378 438,378 044 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 39,742 39,742 045 0604257F ADVANCED TECHNOLOGY AND SENSORS 23,745 23,745 046 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER 95,788 95,788 047 0604317F TECHNOLOGY TRANSFER 15,768 23,268 Program increase—academic partnership intermediary agreement tech transfer [7,500] 048 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 15,886 15,886 049 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 71,229 71,229 050 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 40,103 40,103 051 0604858F TECH TRANSITION PROGRAM 343,545 442,545 Blended wing body prototype phase 1 [15,000] C–17 active winglets phase 1 [2,000] KC–135 winglets [2,000] NORTHCOM UFR—Proliferated low earth orbit Arctic communications [80,000] 052 0605230F GROUND BASED STRATEGIC DETERRENT 2,553,541 2,553,541 054 0207110F NEXT GENERATION AIR DOMINANCE 1,524,667 1,524,667 055 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) 50,000 Build command and control framework [50,000] 056 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 10,905 10,905 057 0208030F WAR RESERVE MATERIEL—AMMUNITION 3,943 3,943 059 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 43,881 43,881 061 0305601F MISSION PARTNER ENVIRONMENTS 16,420 16,420 062 0306250F CYBER OPERATIONS TECHNOLOGY SUPPORT 242,499 282,499 Coordination with private sector to protect against foreign malicious cyber actors [15,000] CYBERCOM UFR enhanced attribution transition [25,000] 063 0306415F ENABLED CYBER ACTIVITIES 16,578 16,578 066 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM 20,343 20,343 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 8,899,759 9,399,259 SYSTEM DEVELOPMENT & DEMONSTRATION 078 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS 23,499 23,499 079 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 167,520 167,520 080 0604222F NUCLEAR WEAPONS SUPPORT 30,050 30,050 081 0604270F ELECTRONIC WARFARE DEVELOPMENT 2,110 2,110 082 0604281F TACTICAL DATA NETWORKS ENTERPRISE 169,836 169,836 083 0604287F PHYSICAL SECURITY EQUIPMENT 8,469 8,469 085 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 9,047 9,047 086 0604604F SUBMUNITIONS 2,954 2,954 087 0604617F AGILE COMBAT SUPPORT 16,603 16,603 089 0604706F LIFE SUPPORT SYSTEMS 25,437 25,437 090 0604735F COMBAT TRAINING RANGES 23,980 34,180 Air Force combat training ranges [7,200] Gulf test range improvement [3,000] 092 0604932F LONG RANGE STANDOFF WEAPON 609,042 609,042 093 0604933F ICBM FUZE MODERNIZATION 129,709 129,709 095 0605056F OPEN ARCHITECTURE MANAGEMENT 37,109 37,109 096 0605221F KC–46 1 1 097 0605223F ADVANCED PILOT TRAINING 188,898 188,898 098 0605229F HH–60W 66,355 30,506 Early to need—capability upgrades and modernization [–35,849] 101 0207171F F–15 EPAWSS 112,012 112,012 102 0207328F STAND IN ATTACK WEAPON 166,570 166,570 103 0207701F FULL COMBAT MISSION TRAINING 7,064 12,064 Program increase—airborne augmented reality for pilot training [5,000] 105 0401221F KC–46A TANKER SQUADRONS 73,459 67,459 Underexecution [–6,000] 107 0401319F VC–25B 680,665 655,665 Early to need [–25,000] 108 0701212F AUTOMATED TEST SYSTEMS 15,445 15,445 109 0804772F TRAINING DEVELOPMENTS 4,482 4,482 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 2,570,316 2,518,667 MANAGEMENT SUPPORT 124 0604256F THREAT SIMULATOR DEVELOPMENT 41,909 41,909 125 0604759F MAJOR T&E INVESTMENT 130,766 130,766 126 0605101F RAND PROJECT AIR FORCE 36,017 36,017 128 0605712F INITIAL OPERATIONAL TEST & EVALUATION 12,582 12,582 129 0605807F TEST AND EVALUATION SUPPORT 811,032 811,032 131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS 243,796 243,796 132 0605828F ACQ WORKFORCE- GLOBAL REACH 435,930 435,930 133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 435,274 435,274 135 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 243,806 243,806 136 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY 103,041 103,041 137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS 226,055 226,055 138 0605898F MANAGEMENT HQ—R&D 4,079 4,079 139 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 70,788 70,788 140 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 30,057 30,057 141 0606017F REQUIREMENTS ANALYSIS AND MATURATION 85,799 80,799 Program decrease [–5,000] 142 0606398F MANAGEMENT HQ—T&E 6,163 6,163 143 0303166F SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES 537 537 144 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM 25,340 35,340 Program increase—NC3 rapid engineering architecture collaboration hub [10,000] 145 0308602F ENTERPRISE INFORMATION SERVICES (EIS) 28,720 28,720 146 0702806F ACQUISITION AND MANAGEMENT SUPPORT 37,211 37,211 147 0804731F GENERAL SKILL TRAINING 1,506 1,506 148 0804772F TRAINING DEVELOPMENTS 2,957 2,957 150 1001004F INTERNATIONAL ACTIVITIES 2,420 2,420 156 1206864F SPACE TEST PROGRAM (STP) 3 3 SUBTOTAL MANAGEMENT SUPPORT 3,015,788 3,020,788 OPERATIONAL SYSTEMS DEVELOPMENT 157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 5,509 5,509 158 0604445F WIDE AREA SURVEILLANCE 2,760 2,760 160 0604840F F–35 C2D2 985,404 985,404 161 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 22,010 22,010 162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 51,492 51,492 163 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 71,391 71,391 164 0605278F HC/MC–130 RECAP RDT&E 46,796 46,796 165 0606018F NC3 INTEGRATION 26,532 26,532 167 0101113F B–52 SQUADRONS 715,811 660,811 CERP rapid prototyping materiel contract delay [–55,000] 168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453 169 0101126F B–1B SQUADRONS 29,127 29,127 170 0101127F B–2 SQUADRONS 144,047 144,047 171 0101213F MINUTEMAN SQUADRONS 113,622 113,622 172 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS 15,202 15,202 174 0101328F ICBM REENTRY VEHICLES 96,313 96,313 176 0102110F UH–1N REPLACEMENT PROGRAM 16,132 16,132 177 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 771 771 178 0102412F NORTH WARNING SYSTEM (NWS) 99 25,199 NORTHCOM UFR—Over the horizon radar [25,100] 179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 42,300 42,300 180 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL 5,889 5,889 181 0205219F MQ–9 UAV 85,135 84,121 Early to need—program protection technology insertion [–1,014] 182 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE 3,111 3,111 183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT 36,607 36,607 184 0207131F A–10 SQUADRONS 39,224 39,224 185 0207133F F–16 SQUADRONS 224,573 224,573 186 0207134F F–15E SQUADRONS 239,616 239,616 187 0207136F MANNED DESTRUCTIVE SUPPRESSION 15,855 15,855 188 0207138F F–22A SQUADRONS 647,296 647,296 189 0207142F F–35 SQUADRONS 69,365 69,365 190 0207146F F–15EX 118,126 118,126 191 0207161F TACTICAL AIM MISSILES 32,974 32,974 192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 51,288 51,288 193 0207227F COMBAT RESCUE—PARARESCUE 852 852 194 0207247F AF TENCAP 23,685 23,685 195 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 12,083 12,083 196 0207253F COMPASS CALL 91,266 91,266 197 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 103,715 103,715 198 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 117,325 117,325 199 0207327F SMALL DIAMETER BOMB (SDB) 27,109 27,109 200 0207410F AIR & SPACE OPERATIONS CENTER (AOC) 3 3 201 0207412F CONTROL AND REPORTING CENTER (CRC) 9,875 9,875 202 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) 171,014 171,014 203 0207418F AFSPECWAR—TACP 4,598 4,598 205 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 21,863 21,863 206 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I 7,905 7,905 207 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR) 15,000 15,000 208 0207444F TACTICAL AIR CONTROL PARTY-MOD 13,081 13,081 209 0207452F DCAPES 4,305 4,305 210 0207521F AIR FORCE CALIBRATION PROGRAMS 1,984 1,984 211 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 7,392 7,392 212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 1,971 1,971 213 0207590F SEEK EAGLE 30,539 30,539 214 0207601F USAF MODELING AND SIMULATION 17,110 17,110 215 0207605F WARGAMING AND SIMULATION CENTERS 7,535 7,535 216 0207610F BATTLEFIELD ABN COMM NODE (BACN) 32,008 32,008 217 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,007 4,007 218 0208006F MISSION PLANNING SYSTEMS 92,557 92,557 219 0208007F TACTICAL DECEPTION 489 489 220 0208064F OPERATIONAL HQ—CYBER 2,115 2,115 221 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 72,487 72,487 222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 18,449 18,449 223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) 79,079 79,079 224 0208099F UNIFIED PLATFORM (UP) 101,893 101,893 228 0208288F INTEL DATA APPLICATIONS 493 493 229 0301025F GEOBASE 2,782 2,782 231 0301113F CYBER SECURITY INTELLIGENCE SUPPORT 5,224 5,224 238 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS 2,463 2,463 239 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 26,331 26,331 240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 58,165 58,165 242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 8,032 8,032 243 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 452 452 244 0303248F ALL DOMAIN COMMON PLATFORM 64,000 64,000 246 0304260F AIRBORNE SIGINT ENTERPRISE 97,546 93,546 Excess carryover—special projects [–4,000] 247 0304310F COMMERCIAL ECONOMIC ANALYSIS 3,770 8,770 CPF—mobilizing civilian expertise for national security education on geo-economics, and innovation in the era of great power competition [5,000] 251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY 1,663 1,663 252 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) 18,888 15,888 Excess to need [–3,000] 253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 4,672 4,672 254 0305103F CYBER SECURITY INITIATIVE 290 290 255 0305111F WEATHER SERVICE 26,228 36,228 Program increase—commercial weather data pilot [10,000] 256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 8,749 8,749 257 0305116F AERIAL TARGETS 1,528 126,528 Unmanned adversary air platforms [125,000] 260 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 223 223 262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 8,733 8,733 264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,335 21,335 265 0305202F DRAGON U–2 17,146 35,846 Air Force UFR—Antenna replacement [18,700] 267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 71,791 151,291 Air Force UFR—ASARS processor and antenna development [67,000] Program increase—wide area motion imagery [12,500] 268 0305207F MANNED RECONNAISSANCE SYSTEMS 14,799 14,799 269 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 24,568 24,568 270 0305220F RQ–4 UAV 83,124 83,124 271 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 17,224 17,224 272 0305238F NATO AGS 19,473 19,473 273 0305240F SUPPORT TO DCGS ENTERPRISE 40,421 40,421 274 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 14,473 14,473 275 0305881F RAPID CYBER ACQUISITION 4,326 4,326 276 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,567 2,567 277 0307577F INTELLIGENCE MISSION DATA (IMD) 6,169 6,169 278 0401115F C–130 AIRLIFT SQUADRON 9,752 9,752 279 0401119F C–5 AIRLIFT SQUADRONS (IF) 17,507 17,507 280 0401130F C–17 AIRCRAFT (IF) 16,360 16,360 281 0401132F C–130J PROGRAM 14,112 14,112 282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 5,540 5,540 283 0401218F KC–135S 3,564 3,564 285 0401318F CV–22 17,189 17,189 286 0408011F SPECIAL TACTICS / COMBAT CONTROL 6,640 6,640 288 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM 26,921 26,921 289 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 7,071 7,071 291 0804743F OTHER FLIGHT TRAINING 1,999 1,999 293 0901202F JOINT PERSONNEL RECOVERY AGENCY 1,841 1,841 294 0901218F CIVILIAN COMPENSATION PROGRAM 3,560 3,560 295 0901220F PERSONNEL ADMINISTRATION 3,368 3,368 296 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 1,248 1,248 297 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 4,852 4,852 301 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 6,737 6,737 999 9999999999 CLASSIFIED PROGRAMS 15,868,973 15,868,973 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 21,743,006 21,943,292 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 317 0608158F STRATEGIC MISSION PLANNING AND EXECUTION SYSTEM—SOFTWARE PILOT PROGRAM 96,100 96,100 318 0608410F AIR & SPACE OPERATIONS CENTER (AOC)—SOFTWARE PILOT PROGRAM 186,918 186,918 319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND MANAGEMENT SYSTEM (DEAMS)—SOFTWARE PILOT PRO 135,263 135,263 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 418,281 418,281 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 39,179,653 40,499,610 RDTE, SPACE FORCE APPLIED RESEARCH 001 1206601SF SPACE TECHNOLOGY 181,209 201,709 Battery cycle life improvements [3,000] Program increase—hybrid space architecture [5,000] Program increase—radiation hardened microprocessor [5,000] Program increase—university consortia for space technology [7,500] SUBTOTAL APPLIED RESEARCH 181,209 201,709 ADVANCED TECHNOLOGY DEVELOPMENT 002 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO 75,919 136,919 Space Force UFR—accelerate cislunar flight experiment [61,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 75,919 136,919 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 003 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 434,194 434,194 004 1203710SF EO/IR WEATHER SYSTEMS 162,274 162,274 005 1203905SF SPACE SYSTEM SUPPORT 37,000 37,000 006 1206422SF WEATHER SYSTEM FOLLOW-ON 61,521 61,521 007 1206425SF SPACE SITUATION AWARENESS SYSTEMS 123,262 130,262 Space Force UFR—Maui optical site [7,000] 008 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) 101,851 129,851 Space Force UFR—Expand Blackjack radio frequency payloads [28,000] 009 1206438SF SPACE CONTROL TECHNOLOGY 32,931 32,931 010 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 56,546 71,546 Program increase [15,000] 011 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) 100,320 100,320 012 1206761SF PROTECTED TACTICAL SERVICE (PTS) 243,285 243,285 013 1206855SF EVOLVED STRATEGIC SATCOM (ESS) 160,056 160,056 014 1206857SF SPACE RAPID CAPABILITIES OFFICE 66,193 66,193 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 1,579,433 1,629,433 SYSTEM DEVELOPMENT & DEMONSTRATION 015 1203269SF GPS III FOLLOW-ON (GPS IIIF) 264,265 264,265 016 1203940SF SPACE SITUATION AWARENESS OPERATIONS 56,279 56,279 017 1206421SF COUNTERSPACE SYSTEMS 38,063 38,063 018 1206422SF WEATHER SYSTEM FOLLOW-ON 1,438 1,438 019 1206425SF SPACE SITUATION AWARENESS SYSTEMS 127,026 136,026 Space Force UFR—Add space domain rapid innovation pathfinders [9,000] 020 1206431SF ADVANCED EHF MILSATCOM (SPACE) 28,218 28,218 021 1206432SF POLAR MILSATCOM (SPACE) 127,870 127,870 022 1206442SF NEXT GENERATION OPIR 2,451,256 2,451,256 023 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION 23,400 23,400 024 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD 221,510 280,710 Maintain competition for Ph3—DOD unique requirements [50,000] Space Force UFR—Liquid oxygen explosive tests [9,200] SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,339,325 3,407,525 MANAGEMENT SUPPORT 025 1206116SF SPACE TEST AND TRAINING RANGE DEVELOPMENT 19,319 52,619 Space Force UFR—signal emulation generation subsystem [33,300] 026 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS 214,051 214,051 027 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA 12,119 12,119 028 1206759SF MAJOR T&E INVESTMENT—SPACE 71,503 71,503 029 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 17,769 21,769 CPF—small rocket program [4,000] 030 1206862SF TACTICALLY RESPONSIVE LAUNCH 50,000 Program increase [50,000] 031 1206864SF SPACE TEST PROGRAM (STP) 20,881 20,881 SUBTOTAL MANAGEMENT SUPPORT 355,642 442,942 OPERATIONAL SYSTEM DEVELOPMENT 033 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) 4,731 4,731 034 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 156,788 156,788 035 1203040SF DCO-SPACE 2,150 2,150 036 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 112,012 112,012 037 1203110SF SATELLITE CONTROL NETWORK (SPACE) 36,810 36,810 038 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) 1,966 1,966 039 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER 1,699 5,699 Space Force UFR—Improve operations of payload adapter [4,000] 040 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 18,054 33,354 Space Force UFR—Digitial core services for distributed space test and training [15,300] 041 1203182SF SPACELIFT RANGE SYSTEM (SPACE) 11,115 23,115 CPF—tactically responsive launch/deployable spaceport [7,000] Program increase [5,000] 042 1203265SF GPS III SPACE SEGMENT 7,207 7,207 043 1203330SF SPACE SUPERIORITY ISR 18,109 18,109 044 1203620SF NATIONAL SPACE DEFENSE CENTER 1,280 1,280 045 1203873SF BALLISTIC MISSILE DEFENSE RADARS 12,292 12,292 046 1203906SF NCMC—TW/AA SYSTEM 9,858 9,858 047 1203913SF NUDET DETECTION SYSTEM (SPACE) 45,887 45,887 048 1203940SF SPACE SITUATION AWARENESS OPERATIONS 64,763 64,763 049 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 413,766 413,766 053 1206770SF ENTERPRISE GROUND SERVICES 191,713 191,713 999 9999999999 CLASSIFIED PROGRAMS 4,474,809 4,680,009 Space Force UFR—classified [205,200] SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 5,585,009 5,821,509 SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 054 1203614SF JSPOC MISSION SYSTEM 154,529 154,529 SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 154,529 154,529 TOTAL RDTE, SPACE FORCE 11,271,066 11,794,566 RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 001 0601000BR DTRA BASIC RESEARCH 11,828 12,705 Program increase [877] 002 0601101E DEFENSE RESEARCH SCIENCES 395,781 454,281 Adversary Influence Operations (IO)—detection, modeling, mitigation [5,000] Artificial Intelligence (AI)—trustworthy, human integrated, robust [5,000] Biotechnology for challenging environments [7,000] CPF—novel analytical and empirical approaches to the prediction and monitoring of disease transmission [1,500] High assurance software systems—resilient, adaptable, trustworthy [5,000] Increase for DARPA-funded university research activities [15,000] Program increase—ERI 2.0 [20,000] 003 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 15,390 15,390 004 0601110D8Z BASIC RESEARCH INITIATIVES 39,828 77,061 Consortium to study irregular warfare [8,000] CPF—Florida Memorial University Department of Natural Sciences STEM equipment [400] CPF—SOUTHCOM Enhanced Domain Awareness (EDA) initiative [1,300] DEPSCoR [10,000] Minerva management and social science research [13,000] Program increase [4,533] 005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 76,018 86,018 Assessing immune memory [5,000] Traumatic brain injury research [5,000] 006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 112,195 132,195 Civics education [2,000] CPF—Florida Memorial Avionics Smart Scholars [1,000] SMART scholarships for AI related education [13,000] SMART scholarships program increase [4,000] 007 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 31,136 73,247 CPF—augmenting quantum sensing research, education, and training in DOD COE at DSU [1,111] CPF—HBCU training for the future of aerospace [1,000] Program increase [40,000] 008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 34,708 37,208 Program increase—chemically resistant, high-performance military cordage, rope, and webbing [2,500] SUBTOTAL BASIC RESEARCH 716,884 888,105 APPLIED RESEARCH 009 0602000D8Z JOINT MUNITIONS TECHNOLOGY 19,591 19,591 010 0602115E BIOMEDICAL TECHNOLOGY 108,698 118,698 Bridging the gap after spinal cord injury [5,000] Non-invasive neurotechnology rehabilitation take home trials [5,000] 012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION 22,918 82,918 6G and beyond experimentation efforts [50,000] Artificial intelligence (AI)—trustworthy, human integrated, robust [10,000] 013 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 55,692 55,692 014 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 65,015 115,015 AI research and development [50,000] 015 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 430,363 745,363 National Security Commission on Artificial Intelligence implementation [200,000] Program increase—AI, cyber, and data analytics [15,000] Quantum computing acceleration [100,000] 016 0602383E BIOLOGICAL WARFARE DEFENSE 31,421 31,421 017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 206,956 213,456 Biodetection system for joint force infrastructure protection [6,500] 018 0602668D8Z CYBER SECURITY RESEARCH 15,380 35,380 AI-enabled cyber defense acceleration study [10,000] Program increase [10,000] 019 0602702E TACTICAL TECHNOLOGY 202,515 249,515 MADFIRES [30,000] Program increase—AI, cyber and data analytics [17,000] 020 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 317,024 378,624 Adaptive immunomodulation-based therapeutics (ElectRx) [4,600] Agile chemical manufacturing technologies (ACMT) [20,000] Bioengineered electronics and electromagnetic devices (Bio-INC) [6,000] Bioremediation of battlefields [7,000] Maritime materials technologies (M2T) [5,000] Materiel protection through biologics [5,000] Neuroprotection from brain injury [9,000] Regenerative engineering for complex tissue regeneration & limb reconstruction [5,000] 021 0602716E ELECTRONICS TECHNOLOGY 357,384 393,384 Program increase—ERI 2.0 [36,000] 022 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH 197,011 197,011 023 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 9,601 9,601 024 0602890D8Z HIGH ENERGY LASER RESEARCH 45,997 115,997 Directed energy innovation—improved beam control [50,000] Joint Directed Energy Transition Office [20,000] 025 1160401BB SOF TECHNOLOGY DEVELOPMENT 44,829 48,829 Program increase—sustained human performance and resilience [4,000] SUBTOTAL APPLIED RESEARCH 2,130,395 2,810,495 ADVANCED TECHNOLOGY DEVELOPMENT 026 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 23,213 23,213 027 0603121D8Z SO/LIC ADVANCED DEVELOPMENT 4,665 4,665 028 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 69,376 69,376 029 0603133D8Z FOREIGN COMPARATIVE TESTING 25,432 25,432 031 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT 399,362 404,362 Reduced order models [5,000] 032 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 15,800 29,700 BATMAA BMDS advanced technology [8,700] MDA UFR—Cybersecurity improvements [5,200] 033 0603180C ADVANCED RESEARCH 21,466 26,466 Program increase—high speed flight experiment testing [5,000] 034 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION 51,340 51,340 035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 19,063 19,063 036 0603286E ADVANCED AEROSPACE SYSTEMS 174,043 256,043 Glide breaker [20,000] Hypersonic Air-Breathing Weapon Concept (HAWC) [37,000] OpFires [10,000] Tactical Boost Glide (TBG) [15,000] 037 0603287E SPACE PROGRAMS AND TECHNOLOGY 101,524 186,524 Blackjack critical risk reduction [25,000] Blackjack schedule assurance [30,000] Robotic Servicing of Geosynchronous Satellites (RSGS) [30,000] 038 0603288D8Z ANALYTIC ASSESSMENTS 24,012 24,012 039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS 51,513 51,513 042 0603338D8Z DEFENSE MODERNIZATION AND PROTOTYPING 115,443 193,443 Defense critical supply chain documentation and monitoring [3,000] Rapid Innovation Program [75,000] 043 0603342D8Z DEFENSE INNOVATION UNIT (DIU) 31,873 31,873 044 0603375D8Z TECHNOLOGY INNOVATION 54,433 54,433 045 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 197,824 197,824 046 0603527D8Z RETRACT LARCH 99,175 99,175 047 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 18,221 18,221 048 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 102,669 102,669 049 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 2,984 2,984 050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 134,022 380,322 Additive manufacturing training [5,000] Biotechnology innovation—enabling modular and scalable bioindustrial and resuable assets [200,000] Certification-based workforce training programs for manufacturing [3,000] CPF—cold spray and rapid deposition lab [1,300] Cybersecurity for industrial control systems [3,000] Data analytics and visual system [3,000] HPC-enabled advanced manufacturing [8,000] Hypersonics advanced manufacturing [10,000] Integrated silicon-based lasers [10,000] Virtual reality-enabled smart installation experimentation [3,000] 051 0603680S MANUFACTURING TECHNOLOGY PROGRAM 37,543 47,543 Program increase—steel performance initiative [10,000] 053 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 12,418 12,418 054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 51,863 81,863 Program increase—AFFF replacement, disposal, and cleanup technology [15,000] Program increase—PFAS remediation and disposal technology [15,000] 055 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 160,821 160,821 056 0603727D8Z JOINT WARFIGHTING PROGRAM 2,169 2,169 057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 116,716 140,716 Program increase—ERI 2.0 [24,000] 058 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 251,794 295,394 Classified increase [21,000] Deep water active sonar [15,000] Network UP [5,000] SHARE alignment with OTNK research [1,100] SHARE ICN performance enhancements for operational use [1,500] 059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 584,771 779,246 Air combat evolution (ACE) [8,200] Artificial intelligence research activities [100,000] Assault breaker II [50,000] Classified increase [20,400] Ocean of things [875] Ocean of things phase 3 demonstration [10,000] Timely information for maritime engagements (TIMEly) [5,000] 060 0603767E SENSOR TECHNOLOGY 294,792 367,392 Classified increase [27,800] SECTRE munitions digital twin for in theater/flight target additions and performance improvements [4,400] Systems of systems-enhanced small units (SESU) [4,400] Thermal imaging technology experiment-recon (TITE-R) [36,000] 061 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT 6,398 9,198 Systems of systems-enhanced small units (SESU) [2,800] 062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 14,677 14,977 CODE enhancements for SESU [300] 065 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 107,397 107,397 066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 267,161 267,161 067 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 21,270 31,270 Program increase [10,000] 068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 74,300 74,300 070 0303310D8Z CWMD SYSTEMS 5,000 Data storage capabilities for special operations forces [5,000] 074 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 93,415 98,415 SOF platform agnostic data storage capability [5,000] 075 1206310SDA SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT 172,638 172,638 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 4,007,596 4,920,571 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 076 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 28,687 28,687 077 0603600D8Z WALKOFF 108,652 108,652 078 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES 5,000 CDO for ADA [5,000] 079 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 71,429 89,429 Military energy resilience catalyst [3,000] Program increase—AFFF replacement, disposal, and cleanup technology [5,000] Program increase—PFAS remediation and disposal technology [10,000] 080 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 277,949 213,382 Unjustified request, lacking acquisition strategy—LHD [–64,567] 081 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 745,144 740,144 Unjustified growth—ground support and fire control LHD lack of validated requirement and acquisition strategy [–5,000] 082 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 129,445 129,445 083 0603884C BALLISTIC MISSILE DEFENSE SENSORS 224,750 227,762 MDA UFR—Cybersecurity improvements [3,012] 084 0603890C BMD ENABLING PROGRAMS 595,301 631,881 MDA UFR—Cybersecurity improvements [44,830] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–8,250] 085 0603891C SPECIAL PROGRAMS—MDA 413,374 413,374 086 0603892C AEGIS BMD 732,512 694,418 Layered homeland defense lack of requirement [–86,494] MDA UFR—Radar upgrades [48,400] 087 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 603,448 587,424 MDA UFR—Cybersecurity improvements [2,000] MDA UFR—JADC2 integration [4,476] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–22,500] 088 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 50,594 50,594 089 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 52,403 52,403 090 0603906C REGARDING TRENCH 11,952 11,952 091 0603907C SEA BASED X-BAND RADAR (SBX) 147,241 147,241 092 0603913C ISRAELI COOPERATIVE PROGRAMS 300,000 300,000 093 0603914C BALLISTIC MISSILE DEFENSE TEST 362,906 362,906 094 0603915C BALLISTIC MISSILE DEFENSE TARGETS 553,334 568,784 Advanced target front end configuration 3 tech maturation [5,000] Architecture RTS development [10,000] MDS architecture IAC prototype [5,000] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–4,550] 096 0603923D8Z COALITION WARFARE 5,103 5,103 097 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G) 374,665 474,665 5G acceleration activities [100,000] 098 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,259 3,259 099 0604102C GUAM DEFENSE DEVELOPMENT 78,300 138,300 INDOPACOM UFR—Guam Defense System [60,000] 100 0604115C TECHNOLOGY MATURATION INITIATIVES 34,000 Program increase—diode pumped alkali laser [14,000] Short pulse laser directed energy demonstration [20,000] 103 0604181C HYPERSONIC DEFENSE 247,931 309,796 MDA UFR—Accelerate hypersonic defensive systems [61,865] 104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 716,456 831,456 Mission-based acquisition [100,000] Program increase—mobile nuclear microreactor [15,000] 105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 509,195 548,995 Advanced analog & mixed signal microelectronics design and manufacturing [6,800] Radiation-hardened application specific integrated circuits [18,000] Trusted and assured GaN and GaAs RFIC technology [15,000] 106 0604331D8Z RAPID PROTOTYPING PROGRAM 103,575 182,575 ADA network resiliency/cloud [79,000] 107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTOTYPING 11,213 26,213 National security innovation capital program increase [15,000] 108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT 2,778 2,778 109 0604551BR CATAPULT 7,166 7,166 110 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T 23,200 23,200 111 0604672C HOMELAND DEFENSE RADAR—HAWAII (HDR-H) 75,000 INDOPACOM UFR—Restoration of HDR-H [75,000] 113 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) 3,519 3,519 114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS 17,439 17,439 115 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 133,335 133,335 116 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 926,125 926,125 117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST 32,697 32,697 118 0604878C AEGIS BMD TEST 117,055 111,255 Unjustified growth—AEGIS LHD test funding early to need [–5,800] 119 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST 77,428 77,428 120 0604880C LAND-BASED SM–3 (LBSM3) 43,158 43,158 121 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 61,424 61,424 122 0202057C SAFETY PROGRAM MANAGEMENT 2,323 2,323 123 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS 2,568 2,568 125 0305103C CYBER SECURITY INITIATIVE 1,142 1,142 126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING 636,179 648,179 Laser communication terminal technologies [6,000] Space laser communications [6,000] 127 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM 15,176 15,176 128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 292,811 292,811 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 9,854,341 10,394,563 SYSTEM DEVELOPMENT & DEMONSTRATION 129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 5,682 5,682 131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 299,848 299,848 132 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 9,345 9,345 133 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT 14,063 14,063 134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265 135 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 7,205 7,205 136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 5,447 5,447 137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 16,892 34,892 ADVANA for ADA [18,000] 138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION 679 679 140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 32,254 32,254 142 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS) 5,500 5,500 143 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 7,148 7,148 144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 113,895 113,895 146 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS 3,991 3,991 149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 2,227 2,227 150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION 20,246 20,246 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 548,687 566,687 MANAGEMENT SUPPORT 151 0603829J JOINT CAPABILITY EXPERIMENTATION 8,444 8,444 152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 7,508 7,508 153 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 7,859 7,859 154 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 550,140 550,140 155 0604942D8Z ASSESSMENTS AND EVALUATIONS 17,980 17,980 156 0605001E MISSION SUPPORT 73,145 73,145 157 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 71,410 71,410 159 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 52,671 52,671 161 0605142D8Z SYSTEMS ENGINEERING 40,030 40,030 162 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 4,612 4,612 163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 14,429 14,429 164 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 4,759 4,759 165 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) 1,952 1,952 166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 110,503 110,503 172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER 3,639 3,639 173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 25,889 63,889 Regional secure computing enclave pilot [38,000] 174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 39,774 257,774 ISR & information operations [10,000] PNT modernization—signals of opportunity [140,000] Spectrum innovation—low SWaP-C directional sources [68,000] 175 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 61,453 61,453 176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 18,762 18,762 177 0605804D8Z DEVELOPMENT TEST AND EVALUATION 27,366 27,366 178 0605898E MANAGEMENT HQ—R&D 12,740 12,740 179 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 3,549 3,549 180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 15,438 15,438 181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS 2,897 2,897 182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT 918 918 183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY POLICY 31,638 31,638 184 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 2,925 2,925 185 0204571J JOINT STAFF ANALYTICAL SUPPORT 977 977 186 0208045K C4I INTEROPERABILITY 55,361 60,361 Joint warfighting network architecture [5,000] 189 0303140SE INFORMATION SYSTEMS SECURITY PROGRAM 853 853 191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) 969 969 192 0305172K COMBINED ADVANCED APPLICATIONS 15,696 15,696 194 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,073 3,073 197 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA 29,530 29,530 198 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI) 689 689 199 0901598C MANAGEMENT HQ—MDA 24,102 24,102 200 0903235K JOINT SERVICE PROVIDER (JSP) 2,645 2,645 999 9999999999 CLASSIFIED PROGRAMS 37,520 37,520 SUBTOTAL MANAGEMENT SUPPORT 1,383,845 1,644,845 OPERATIONAL SYSTEMS DEVELOPMENT 202 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 5,355 5,355 203 0604532K JOINT ARTIFICIAL INTELLIGENCE 10,033 67,833 JAIC for ADA [57,800] 206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 58,189 149,689 Accelerated training in defense manufacturing (ATDM) pilot [10,000] Carbon/carbon industrial base enhancement [6,000] Demonstration program on domestic production of rare earth elements from coal byproducts [3,000] Digital manufacturing [1,500] Directed energy supply chain assurance [2,000] Industrial skills training [2,500] Machine and advanced manufacturing—IACMI [20,000] Program increase [20,000] Radar resiliency [2,500] Rare earth element separation technologies [4,000] Submarine construction workforce training pipeline [20,000] 207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT 18,721 18,721 208 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 7,398 7,398 209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 58,261 58,261 215 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 16,233 16,233 216 0303126K LONG-HAUL COMMUNICATIONS—DCS 10,275 10,275 217 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 4,892 4,892 218 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) 83,751 83,751 219 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 49,191 69,191 Workforce transformation cyber initiative pilot program [20,000] 220 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 423,745 535,845 Additional cybersecurity support for the defense industrial base [25,000] Hardening DOD networks [12,100] JFHQ DODIN staffing and tools [50,000] Pilot program on public-private partnership with internet ecosystem companies [25,000] 221 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 5,707 5,707 222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 4,150 4,150 223 0303153K DEFENSE SPECTRUM ORGANIZATION 19,302 19,302 224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) 9,342 9,342 226 0303430V FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY 15,326 15,326 232 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES 8,800 8,800 235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 3,820 3,820 237 0305186D8Z POLICY R&D PROGRAMS 4,843 4,843 238 0305199D8Z NET CENTRICITY 13,471 13,471 240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,994 5,994 247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 1,273 1,273 255 0708012K LOGISTICS SUPPORT ACTIVITIES 1,690 1,690 256 0708012S PACIFIC DISASTER CENTERS 1,799 1,799 257 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM 6,390 6,390 259 1105219BB MQ–9 UAV 19,065 19,065 261 1160403BB AVIATION SYSTEMS 173,537 173,537 262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 32,766 32,766 263 1160408BB OPERATIONAL ENHANCEMENTS 145,830 167,230 Program increase—AISUM [21,400] 264 1160431BB WARRIOR SYSTEMS 78,592 82,803 SOCOM UFR—Maritime scalable effects acceleration [4,211] 265 1160432BB SPECIAL PROGRAMS 6,486 6,486 266 1160434BB UNMANNED ISR 18,006 18,006 267 1160480BB SOF TACTICAL VEHICLES 7,703 7,703 268 1160483BB MARITIME SYSTEMS 58,430 58,430 270 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE 10,990 10,990 999 9999999999 CLASSIFIED PROGRAMS 5,208,029 5,208,029 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,607,385 6,914,396 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 272 0604532K JOINT ARTIFICIAL INTELLIGENCE 186,639 186,639 273 0608197V NATIONAL BACKGROUND INVESTIGATION SERVICES—SOFTWARE PILOT PROGRAM 123,570 123,570 274 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM 18,307 18,307 275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 32,774 32,774 276 0308588D8Z ALGORITHMIC WARFARE CROSS FUNCTIONAL TEAMS—SOFTWARE PILOT PROGRAM 247,452 283,452 MAVEN for ADA [36,000] SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 608,742 644,742 SUBTOTAL UNDISTRIBUTED 36,000 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 25,857,875 28,784,404 OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 001 0605118OTE OPERATIONAL TEST AND EVALUATION 105,394 105,394 002 0605131OTE LIVE FIRE TEST AND EVALUATION 68,549 68,549 003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 42,648 62,648 Joint Test and Evaluation restoration [20,000] SUBTOTAL MANAGEMENT SUPPORT 216,591 236,591 TOTAL OPERATIONAL TEST & EVAL, DEFENSE 216,591 236,591 TOTAL RDT&E 111,964,192 117,729,317", "id": "HE8A6898565434977BE0296BBC8F2CC8A", "header": "Research, development, test, and evaluation" }, { "text": "4301. Operation and maintenance \nSEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) Line Item FY 2022 Request Conference Authorized OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS 3,563,856 3,528,856 Unjustified growth [–35,000] 020 MODULAR SUPPORT BRIGADES 142,082 142,082 030 ECHELONS ABOVE BRIGADE 758,174 758,174 040 THEATER LEVEL ASSETS 2,753,783 2,653,783 Unjustified growth [–100,000] 050 LAND FORCES OPERATIONS SUPPORT 1,110,156 1,110,156 060 AVIATION ASSETS 1,795,522 1,775,522 Unjustified growth [–20,000] 070 FORCE READINESS OPERATIONS SUPPORT 7,442,976 7,652,631 Advanced bomb suit [12,940] Army UFR—Arctic cold weather gloves [13,867] Army UFR—Arctic OCIE [65,050] Army UFR—ECWCS procurement [8,999] Army UFR—Female/small stature body armor [81,750] Army UFR—Garrison Installation Facilities-Related Control Systems (FRCS) [13,071] Army UFR—Heavylift transportation for OIR [33,854] Army UFR—Industrial base special installation control systems [14,824] CENTCOM UFR—Heavylift logistics [40,300] Unjustified growth [–75,000] 080 LAND FORCES SYSTEMS READINESS 580,921 594,921 CENTCOM UFR—COMSAT air time [34,000] Unjustified growth [–20,000] 090 LAND FORCES DEPOT MAINTENANCE 1,257,959 1,346,976 Army UFR—Tactical Combat Vehicle Repair Cycle Float [89,017] 100 MEDICAL READINESS 1,102,964 1,102,964 110 BASE OPERATIONS SUPPORT 8,878,603 8,868,603 Program decrease [–10,000] 120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,051,869 4,534,869 Program increase—FSRM [483,000] 130 MANAGEMENT AND OPERATIONAL HEADQUARTERS 289,891 289,891 140 ADDITIONAL ACTIVITIES 526,517 526,517 160 RESET 397,196 392,196 Unjustified growth [–5,000] 170 US AFRICA COMMAND 384,791 518,337 AFRICOM UFR—Commercial SATCOM [16,500] AFRICOM UFR—ISR improvements [67,000] Army UFR—MQ–9 COCO Support to AFRICOM [50,046] 180 US EUROPEAN COMMAND 293,932 335,910 EUCOM UFR—Information Operations [26,765] EUCOM UFR—Mission Partner Environment [15,213] 190 US SOUTHERN COMMAND 196,726 196,726 200 US FORCES KOREA 67,052 67,052 210 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 621,836 654,751 Army UFR—Critical infrastructure risk management cyber resiliency mitigations [13,630] Army UFR—MRCT / Cyber I&W / Ops Cell [4,655] Army UFR—Security Operations Center as a Service (SOCaaS) [14,630] 220 CYBERSPACE ACTIVITIES—CYBERSECURITY 629,437 726,176 Army UFR—C-SCRM supplier vetting and equipment inspection [1,200] Army UFR—Cybersecurity control systems assessments [89,889] Army UFR—Cyber-Supply Chain Risk Mgmt (C-SCRM) program [2,750] Army UFR—Defensive cyber sensors [2,900] SUBTOTAL OPERATING FORCES 36,846,243 37,777,093 MOBILIZATION 230 STRATEGIC MOBILITY 353,967 353,967 240 ARMY PREPOSITIONED STOCKS 381,192 381,192 250 INDUSTRIAL PREPAREDNESS 3,810 3,810 SUBTOTAL MOBILIZATION 738,969 738,969 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 163,568 163,568 270 RECRUIT TRAINING 75,140 75,140 280 ONE STATION UNIT TRAINING 81,274 81,274 290 SENIOR RESERVE OFFICERS TRAINING CORPS 520,973 520,973 300 SPECIALIZED SKILL TRAINING 998,869 998,869 310 FLIGHT TRAINING 1,309,556 1,309,556 320 PROFESSIONAL DEVELOPMENT EDUCATION 218,651 218,651 330 TRAINING SUPPORT 616,380 629,480 Army UFR—ATRRS Modernization [18,100] Unjustified growth [–5,000] 340 RECRUITING AND ADVERTISING 683,569 684,963 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,394] 350 EXAMINING 169,442 169,442 360 OFF-DUTY AND VOLUNTARY EDUCATION 214,923 231,078 Army UFR—Tuition assistance [16,155] 370 CIVILIAN EDUCATION AND TRAINING 220,589 220,589 380 JUNIOR RESERVE OFFICER TRAINING CORPS 187,569 187,569 SUBTOTAL TRAINING AND RECRUITING 5,460,503 5,491,152 ADMIN & SRVWIDE ACTIVITIES 400 SERVICEWIDE TRANSPORTATION 684,562 672,562 Unjustified growth [–12,000] 410 CENTRAL SUPPLY ACTIVITIES 808,895 808,895 420 LOGISTIC SUPPORT ACTIVITIES 767,053 796,157 Army UFR—AMC LITeS [29,104] 430 AMMUNITION MANAGEMENT 469,038 469,038 440 ADMINISTRATION 488,535 484,535 Unjustified growth [–4,000] 450 SERVICEWIDE COMMUNICATIONS 1,952,742 2,007,462 Army UFR—CHRA IT Cloud [5,300] Army UFR—ERP convergence/modernization [49,420] 460 MANPOWER MANAGEMENT 323,273 323,273 470 OTHER PERSONNEL SUPPORT 663,602 694,670 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,393] Army UFR—HR cloud and IT modernization [29,675] 480 OTHER SERVICE SUPPORT 2,004,981 2,031,364 Program increase—DFAS unfunded requirement [49,983] Unjustified growth [–23,600] 490 ARMY CLAIMS ACTIVITIES 180,178 180,178 500 REAL ESTATE MANAGEMENT 269,009 272,509 Program increase—real estate inventory tool [3,500] 510 FINANCIAL MANAGEMENT AND AUDIT READINESS 437,940 437,940 520 INTERNATIONAL MILITARY HEADQUARTERS 482,571 482,571 530 MISC. SUPPORT OF OTHER NATIONS 29,670 29,670 9999 CLASSIFIED PROGRAMS 2,008,633 2,026,633 SOUTHCOM UFR—Additional traditional ISR operations [18,000] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 11,570,682 11,717,457 UNDISTRIBUTED 998 UNDISTRIBUTED –125,000 Historical unobligated balances [–125,000] SUBTOTAL UNDISTRIBUTED –125,000 TOTAL OPERATION & MAINTENANCE, ARMY 54,616,397 55,599,671 OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MODULAR SUPPORT BRIGADES 10,465 10,465 020 ECHELONS ABOVE BRIGADE 554,992 554,992 030 THEATER LEVEL ASSETS 120,892 120,892 040 LAND FORCES OPERATIONS SUPPORT 597,718 597,718 050 AVIATION ASSETS 111,095 111,095 060 FORCE READINESS OPERATIONS SUPPORT 385,506 385,506 070 LAND FORCES SYSTEMS READINESS 98,021 98,021 080 LAND FORCES DEPOT MAINTENANCE 34,368 34,368 090 BASE OPERATIONS SUPPORT 584,513 584,513 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 342,433 342,433 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS 22,472 22,472 120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 2,764 2,764 130 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,476 7,476 SUBTOTAL OPERATING FORCES 2,872,715 2,872,715 ADMIN & SRVWD ACTIVITIES 140 SERVICEWIDE TRANSPORTATION 15,400 15,400 150 ADMINISTRATION 19,611 19,611 160 SERVICEWIDE COMMUNICATIONS 37,458 37,458 170 MANPOWER MANAGEMENT 7,162 7,162 180 RECRUITING AND ADVERTISING 48,289 48,289 SUBTOTAL ADMIN & SRVWD ACTIVITIES 127,920 127,920 UNDISTRIBUTED 998 UNDISTRIBUTED –10,000 Historical unobligated balances [–10,000] SUBTOTAL UNDISTRIBUTED –10,000 TOTAL OPERATION & MAINTENANCE, ARMY RES 3,000,635 2,990,635 OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS 799,854 799,854 020 MODULAR SUPPORT BRIGADES 211,561 211,561 030 ECHELONS ABOVE BRIGADE 835,709 835,709 040 THEATER LEVEL ASSETS 101,179 101,179 050 LAND FORCES OPERATIONS SUPPORT 34,436 34,436 060 AVIATION ASSETS 1,110,416 1,100,416 Unjustified growth [–10,000] 070 FORCE READINESS OPERATIONS SUPPORT 704,827 709,927 CNGB UFR—Weapons of Mass Destruction Civil Support Teams Equipment Sustainment [5,100] 080 LAND FORCES SYSTEMS READINESS 47,886 47,886 090 LAND FORCES DEPOT MAINTENANCE 244,439 244,439 100 BASE OPERATIONS SUPPORT 1,097,960 1,097,960 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 956,988 956,988 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 1,047,870 1,047,870 130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 8,071 8,071 140 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,828 7,828 SUBTOTAL OPERATING FORCES 7,209,024 7,204,124 ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION 8,017 8,017 160 ADMINISTRATION 76,993 81,993 Program increase—State Partnership Program [5,000] 170 SERVICEWIDE COMMUNICATIONS 101,113 101,113 180 MANPOWER MANAGEMENT 8,920 8,920 190 OTHER PERSONNEL SUPPORT 240,292 240,292 200 REAL ESTATE MANAGEMENT 2,850 2,850 SUBTOTAL ADMIN & SRVWD ACTIVITIES 438,185 443,185 UNDISTRIBUTED 998 UNDISTRIBUTED –40,000 Historical unobligated balances [–40,000] SUBTOTAL UNDISTRIBUTED –40,000 TOTAL OPERATION & MAINTENANCE, ARNG 7,647,209 7,607,309 AFGHANISTAN SECURITY FORCES FUND AFGHAN NATIONAL ARMY 010 SUSTAINMENT 1,053,668 0 Program reduction [–1,053,668] 020 INFRASTRUCTURE 1,818 0 Program reduction [–1,818] 030 EQUIPMENT AND TRANSPORTATION 22,911 0 Program reduction [–22,911] 040 TRAINING AND OPERATIONS 31,837 0 Program reduction [–31,837] SUBTOTAL AFGHAN NATIONAL ARMY 1,110,234 0 AFGHAN NATIONAL POLICE 050 SUSTAINMENT 440,628 0 Program reduction [–440,628] 070 EQUIPMENT AND TRANSPORTATION 38,551 0 Program reduction [–38,551] 080 TRAINING AND OPERATIONS 38,152 0 Program reduction [–38,152] SUBTOTAL AFGHAN NATIONAL POLICE 517,331 0 AFGHAN AIR FORCE 090 SUSTAINMENT 562,056 0 Program reduction [–562,056] 110 EQUIPMENT AND TRANSPORTATION 26,600 0 Program reduction [–26,600] 120 TRAINING AND OPERATIONS 169,684 0 Program reduction [–169,684] SUBTOTAL AFGHAN AIR FORCE 758,340 0 AFGHAN SPECIAL SECURITY FORCES 130 SUSTAINMENT 685,176 0 Program reduction [–685,176] 150 EQUIPMENT AND TRANSPORTATION 78,962 0 Program reduction [–78,962] 160 TRAINING AND OPERATIONS 177,767 0 Program reduction [–177,767] SUBTOTAL AFGHAN SPECIAL SECURITY FORCES 941,905 0 TOTAL AFGHANISTAN SECURITY FORCES FUND 3,327,810 0 COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 010 IRAQ 345,000 345,000 020 SYRIA 177,000 177,000 SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 522,000 522,000 TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 522,000 522,000 OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 6,264,654 6,545,054 Navy UFR—Flying hour program - fleet operations [280,400] 020 FLEET AIR TRAINING 2,465,007 2,465,007 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 55,140 55,140 040 AIR OPERATIONS AND SAFETY SUPPORT 197,904 197,904 050 AIR SYSTEMS SUPPORT 1,005,932 1,005,932 060 AIRCRAFT DEPOT MAINTENANCE 1,675,356 1,897,556 Navy UFR—Additional aircraft depot maintenance events [222,200] 070 AIRCRAFT DEPOT OPERATIONS SUPPORT 65,518 65,518 080 AVIATION LOGISTICS 1,460,546 1,460,546 090 MISSION AND OTHER SHIP OPERATIONS 5,858,028 5,893,028 Navy UFR—Resilient Communications and PNT for Combat Logistics Fleet (CLF) [29,000] Navy UFR—Submarine Tender Overhaul [42,000] Unjustified growth [–36,000] 100 SHIP OPERATIONS SUPPORT & TRAINING 1,154,696 1,154,696 110 SHIP DEPOT MAINTENANCE 10,300,078 10,514,878 Navy UFR—A–120 availability [39,800] Retained cruisers [135,000] USS Connecticut emergent repairs [40,000] 120 SHIP DEPOT OPERATIONS SUPPORT 2,188,454 2,188,454 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 1,551,846 1,551,846 140 SPACE SYSTEMS AND SURVEILLANCE 327,251 327,251 150 WARFARE TACTICS 798,082 798,082 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 447,486 447,486 170 COMBAT SUPPORT FORCES 2,250,756 2,282,856 CENTCOM UFR—Naval patrol craft support [47,100] Unjustified growth [–15,000] 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 192,968 192,968 190 COMBATANT COMMANDERS CORE OPERATIONS 61,614 61,614 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 198,596 445,596 INDOPACOM UFR—Critical HQ manpower positions [4,620] INDOPACOM UFR—ISR augmentation [41,000] INDOPACOM UFR—Multi-Domain Training and Experimentation Capability [59,410] Program increase—INDOPACOM Future fusion centers [3,300] Program increase—INDOPACOM Mission Partner Environment [50,170] Program increase—INDOPACOM Pacific Movement Coordination Center [500] Program increase—INDOPACOM Wargaming analytical tools [88,000] 210 MILITARY INFORMATION SUPPORT OPERATIONS 8,984 36,984 Program increase—INDOPACOM Military Information Support Operations [28,000] 220 CYBERSPACE ACTIVITIES 565,926 560,926 Identity, credentialing, and access management reduction [–5,000] 230 FLEET BALLISTIC MISSILE 1,476,247 1,476,247 240 WEAPONS MAINTENANCE 1,538,743 1,513,743 Historical underexecution [–25,000] 250 OTHER WEAPON SYSTEMS SUPPORT 592,357 592,357 260 ENTERPRISE INFORMATION 734,970 690,970 Unjustified growth [–44,000] 270 SUSTAINMENT, RESTORATION AND MODERNIZATION 2,961,937 3,511,937 Program increase—FSRM [550,000] 280 BASE OPERATING SUPPORT 4,826,314 4,816,314 Program decrease [–10,000] SUBTOTAL OPERATING FORCES 51,225,390 52,750,890 MOBILIZATION 290 SHIP PREPOSITIONING AND SURGE 457,015 457,015 300 READY RESERVE FORCE 645,522 645,522 310 SHIP ACTIVATIONS/INACTIVATIONS 353,530 349,030 Historical underexecution [–4,500] 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS 149,384 149,384 330 COAST GUARD SUPPORT 20,639 20,639 SUBTOTAL MOBILIZATION 1,626,090 1,621,590 TRAINING AND RECRUITING 340 OFFICER ACQUISITION 172,913 172,913 350 RECRUIT TRAINING 13,813 13,813 360 RESERVE OFFICERS TRAINING CORPS 167,152 167,152 370 SPECIALIZED SKILL TRAINING 1,053,104 1,053,104 380 PROFESSIONAL DEVELOPMENT EDUCATION 311,209 311,209 390 TRAINING SUPPORT 306,302 306,302 400 RECRUITING AND ADVERTISING 205,219 205,219 410 OFF-DUTY AND VOLUNTARY EDUCATION 79,053 79,053 420 CIVILIAN EDUCATION AND TRAINING 109,754 109,754 430 JUNIOR ROTC 57,323 57,323 SUBTOTAL TRAINING AND RECRUITING 2,475,842 2,475,842 ADMIN & SRVWD ACTIVITIES 440 ADMINISTRATION 1,268,961 1,290,961 Program increase—Naval Audit Service [25,000] Unjustified growth [–3,000] 450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 212,952 212,952 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 562,546 562,546 470 MEDICAL ACTIVITIES 285,436 285,436 480 SERVICEWIDE TRANSPORTATION 217,782 217,782 500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT 479,480 479,480 510 ACQUISITION, LOGISTICS, AND OVERSIGHT 741,045 741,045 520 INVESTIGATIVE AND SECURITY SERVICES 738,187 736,687 Unjustified growth [–1,500] 9999 CLASSIFIED PROGRAMS 607,517 603,477 Classified adjustment [–4,040] SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,113,906 5,130,366 UNDISTRIBUTED 998 UNDISTRIBUTED –58,000 Historical unobligated balances [–58,000] SUBTOTAL UNDISTRIBUTED –58,000 TOTAL OPERATION & MAINTENANCE, NAVY 60,441,228 61,920,688 OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES 1,587,456 1,632,756 Marine Corps UFR—Plate Carrier Gen III [45,300] 020 FIELD LOGISTICS 1,532,630 1,527,630 Unjustified growth [–5,000] 030 DEPOT MAINTENANCE 215,949 215,949 040 MARITIME PREPOSITIONING 107,969 107,969 050 CYBERSPACE ACTIVITIES 233,486 233,486 060 SUSTAINMENT, RESTORATION & MODERNIZATION 1,221,117 1,354,117 Program increase—FSRM [133,000] 070 BASE OPERATING SUPPORT 2,563,278 2,560,278 Unjustified growth [–3,000] SUBTOTAL OPERATING FORCES 7,461,885 7,632,185 TRAINING AND RECRUITING 080 RECRUIT TRAINING 24,729 24,729 090 OFFICER ACQUISITION 1,208 1,208 100 SPECIALIZED SKILL TRAINING 110,752 110,752 110 PROFESSIONAL DEVELOPMENT EDUCATION 61,539 61,539 120 TRAINING SUPPORT 490,975 490,975 130 RECRUITING AND ADVERTISING 223,643 223,643 140 OFF-DUTY AND VOLUNTARY EDUCATION 49,369 49,369 150 JUNIOR ROTC 26,065 26,065 SUBTOTAL TRAINING AND RECRUITING 988,280 988,280 ADMIN & SRVWD ACTIVITIES 160 SERVICEWIDE TRANSPORTATION 100,475 100,475 170 ADMINISTRATION 410,729 410,729 9999 CLASSIFIED PROGRAMS 63,422 63,422 SUBTOTAL ADMIN & SRVWD ACTIVITIES 574,626 574,626 UNDISTRIBUTED 998 UNDISTRIBUTED –10,000 Historical unobligated balances [–10,000] SUBTOTAL UNDISTRIBUTED –10,000 TOTAL OPERATION & MAINTENANCE, MARINE CORPS 9,024,791 9,185,091 OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 628,522 628,522 020 INTERMEDIATE MAINTENANCE 9,593 9,593 030 AIRCRAFT DEPOT MAINTENANCE 135,280 135,280 040 AIRCRAFT DEPOT OPERATIONS SUPPORT 497 497 050 AVIATION LOGISTICS 29,435 29,435 070 COMBAT COMMUNICATIONS 18,469 18,469 080 COMBAT SUPPORT FORCES 136,710 136,710 090 CYBERSPACE ACTIVITIES 440 440 100 ENTERPRISE INFORMATION 26,628 26,628 110 SUSTAINMENT, RESTORATION AND MODERNIZATION 42,311 42,311 120 BASE OPERATING SUPPORT 103,606 103,606 SUBTOTAL OPERATING FORCES 1,131,491 1,131,491 ADMIN & SRVWD ACTIVITIES 130 ADMINISTRATION 1,943 1,943 140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 12,191 12,191 150 ACQUISITION AND PROGRAM MANAGEMENT 3,073 3,073 SUBTOTAL ADMIN & SRVWD ACTIVITIES 17,207 17,207 UNDISTRIBUTED 998 UNDISTRIBUTED –2,500 Historical unobligated balances [–2,500] SUBTOTAL UNDISTRIBUTED –2,500 TOTAL OPERATION & MAINTENANCE, NAVY RES 1,148,698 1,146,198 OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES 102,271 148,171 Marine Corps UFR—Individual combat clothing and equipment [45,900] 020 DEPOT MAINTENANCE 16,811 16,811 030 SUSTAINMENT, RESTORATION AND MODERNIZATION 42,702 42,702 040 BASE OPERATING SUPPORT 109,210 109,210 SUBTOTAL OPERATING FORCES 270,994 316,894 ADMIN & SRVWD ACTIVITIES 050 ADMINISTRATION 14,056 14,056 SUBTOTAL ADMIN & SRVWD ACTIVITIES 14,056 14,056 TOTAL OPERATION & MAINTENANCE, MC RESERVE 285,050 330,950 OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES 706,860 680,530 A–10 aircraft retention [1,670] Unjustified growth [–28,000] 020 COMBAT ENHANCEMENT FORCES 2,382,448 2,346,948 CENTCOM—MQ–9 combat lines [53,000] EUCOM UFR—Air base air defense operations center [1,500] Unjustified growth [–90,000] 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,555,320 1,542,750 A–10 aircraft retention [12,430] Contract adversary air [5,000] Unjustified growth [–30,000] 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 3,661,762 3,707,337 A–10 aircraft retention [65,575] Unjustified growth [–20,000] 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 3,867,114 4,342,114 Program increase—FSRM [475,000] 060 CYBERSPACE SUSTAINMENT 179,568 179,568 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 8,457,653 8,784,538 A–10 aircraft retention [15,885] A–10/F–35 contract maintenance [156,000] Program increase—F–35 sustainment [185,000] Unjustified growth [–30,000] 080 FLYING HOUR PROGRAM 5,646,730 5,699,590 A–10 aircraft retention [52,860] 090 BASE SUPPORT 9,846,037 9,776,037 Unjustified growth [–70,000] 100 GLOBAL C3I AND EARLY WARNING 979,705 988,905 EUCOM—MPE air component battle network [9,200] 110 OTHER COMBAT OPS SPT PROGRAMS 1,418,515 1,399,625 EUCOM UFR—Air base air defense [110] Unjustified growth [–19,000] 120 CYBERSPACE ACTIVITIES 864,761 864,761 150 SPACE CONTROL SYSTEMS 13,223 13,223 160 US NORTHCOM/NORAD 196,774 196,774 170 US STRATCOM 475,015 475,015 180 US CYBERCOM 389,663 416,163 CYBERCOM UFR—Acceleration of cyber intelligence [3,200] Program increase—cyber training [23,300] 190 US CENTCOM 372,354 386,354 CENTCOM UFR—MISO program [24,000] Unjustified growth—OSC-I [–10,000] 200 US SOCOM 28,733 28,733 220 CENTCOM CYBERSPACE SUSTAINMENT 1,289 1,289 230 USSPACECOM 272,601 282,601 SPACECOM UFR—Bridging space protection gaps [10,000] 9999 CLASSIFIED PROGRAMS 1,454,383 1,454,383 SUBTOTAL OPERATING FORCES 42,770,508 43,567,238 MOBILIZATION 240 AIRLIFT OPERATIONS 2,422,784 2,397,784 Unjustified growth [–25,000] 250 MOBILIZATION PREPAREDNESS 667,851 667,851 SUBTOTAL MOBILIZATION 3,090,635 3,065,635 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 156,193 156,193 270 RECRUIT TRAINING 26,072 26,072 280 RESERVE OFFICERS TRAINING CORPS (ROTC) 127,693 127,693 290 SPECIALIZED SKILL TRAINING 491,286 481,286 Unjustified growth [–10,000] 300 FLIGHT TRAINING 718,742 718,742 310 PROFESSIONAL DEVELOPMENT EDUCATION 302,092 302,092 320 TRAINING SUPPORT 162,165 162,165 330 RECRUITING AND ADVERTISING 171,339 171,339 340 EXAMINING 8,178 8,178 350 OFF-DUTY AND VOLUNTARY EDUCATION 236,760 236,760 360 CIVILIAN EDUCATION AND TRAINING 306,602 306,602 370 JUNIOR ROTC 65,940 65,940 SUBTOTAL TRAINING AND RECRUITING 2,773,062 2,763,062 ADMIN & SRVWD ACTIVITIES 380 LOGISTICS OPERATIONS 1,062,709 1,062,709 390 TECHNICAL SUPPORT ACTIVITIES 169,957 169,957 400 ADMINISTRATION 1,005,827 987,327 Unjustified growth [–18,500] 410 SERVICEWIDE COMMUNICATIONS 31,054 31,054 420 OTHER SERVICEWIDE ACTIVITIES 1,470,757 1,470,757 430 CIVIL AIR PATROL 29,128 47,300 Program increase [18,172] 450 INTERNATIONAL SUPPORT 81,118 81,118 9999 CLASSIFIED PROGRAMS 1,391,720 1,391,428 Classified adjustment [–292] SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,242,270 5,241,650 UNDISTRIBUTED 998 UNDISTRIBUTED –150,000 Historical unobligated balances [–150,000] SUBTOTAL UNDISTRIBUTED –150,000 TOTAL OPERATION & MAINTENANCE, AIR FORCE 53,876,475 54,487,585 OPERATION & MAINTENANCE, SPACE FORCE OPERATING FORCES 010 GLOBAL C3I & EARLY WARNING 495,615 495,615 020 SPACE LAUNCH OPERATIONS 185,700 185,700 030 SPACE OPERATIONS 611,269 611,269 040 EDUCATION & TRAINING 22,887 22,887 060 DEPOT MAINTENANCE 280,165 306,165 Program increase—weapon system sustainment [26,000] 070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 213,347 279,647 Space Force UFR—FSRM Cheyenne Mountain Complex [66,300] 080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT 1,158,707 1,246,707 Program increase—weapon system sustainment [94,000] Unjustified growth [–6,000] 090 SPACE OPERATIONS -BOS 143,520 143,520 9999 CLASSIFIED PROGRAMS 172,755 172,755 SUBTOTAL OPERATING FORCES 3,283,965 3,464,265 ADMINISTRATION AND SERVICE WIDE ACTIVITIES 100 ADMINISTRATION 156,747 146,747 Unjustified growth [–10,000] SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES 156,747 146,747 TOTAL OPERATION & MAINTENANCE, SPACE FORCE 3,440,712 3,611,012 OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES 1,665,015 1,636,015 Unjustified growth [–29,000] 020 MISSION SUPPORT OPERATIONS 179,486 179,486 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 530,540 530,540 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 114,987 123,987 Program increase—FSRM [9,000] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 254,831 254,831 060 BASE SUPPORT 470,801 470,801 070 CYBERSPACE ACTIVITIES 1,372 1,372 SUBTOTAL OPERATING FORCES 3,217,032 3,197,032 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 080 ADMINISTRATION 91,289 91,289 090 RECRUITING AND ADVERTISING 23,181 23,181 100 MILITARY MANPOWER AND PERS MGMT (ARPC) 13,966 13,966 110 OTHER PERS SUPPORT (DISABILITY COMP) 6,196 6,196 120 AUDIOVISUAL 442 442 SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 135,074 135,074 UNDISTRIBUTED 998 UNDISTRIBUTED –18,000 Historical unobligated balances [–18,000] SUBTOTAL UNDISTRIBUTED –18,000 TOTAL OPERATION & MAINTENANCE, AF RESERVE 3,352,106 3,314,106 OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS 2,281,432 2,281,432 020 MISSION SUPPORT OPERATIONS 582,848 588,748 CNGB UFR—HRF/CERFP sustainment [5,900] 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,241,318 1,226,318 Unjustified growth [–15,000] 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 353,193 379,193 Program increase—FSRM [26,000] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,077,654 1,067,654 Unjustified growth [–10,000] 060 BASE SUPPORT 908,198 908,198 070 CYBERSPACE SUSTAINMENT 23,895 23,895 080 CYBERSPACE ACTIVITIES 17,263 17,263 SUBTOTAL OPERATING FORCES 6,485,801 6,492,701 ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 090 ADMINISTRATION 46,455 46,455 100 RECRUITING AND ADVERTISING 41,764 41,764 SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 88,219 88,219 UNDISTRIBUTED 998 UNDISTRIBUTED –15,000 Historical unobligated balances [–15,000] SUBTOTAL UNDISTRIBUTED –15,000 TOTAL OPERATION & MAINTENANCE, ANG 6,574,020 6,565,920 OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF 407,240 402,240 Unjustified growth [–5,000] 020 JOINT CHIEFS OF STAFF—CE2T2 554,634 607,734 AFRICOM UFR—Joint Exercise Program [18,000] INDOPACOM UFR—Joint Exercise Program [35,100] 030 JOINT CHIEFS OF STAFF—CYBER 8,098 8,098 050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES 2,044,479 2,047,789 SOCOM—Armored ground mobility systems (AGMS) acceleration [3,310] 060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES 45,851 45,851 070 SPECIAL OPERATIONS COMMAND INTELLIGENCE 1,614,757 1,614,757 080 SPECIAL OPERATIONS COMMAND MAINTENANCE 1,081,869 1,088,210 SOCOM UFR—Modernized forward look sonar [900] SOCOM UFR—Personal signature management acceleration [5,441] 090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS 180,042 180,042 100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT 1,202,060 1,202,060 110 SPECIAL OPERATIONS COMMAND THEATER FORCES 3,175,789 3,175,789 SUBTOTAL OPERATING FORCES 10,314,819 10,372,570 TRAINING AND RECRUITING 130 DEFENSE ACQUISITION UNIVERSITY 171,607 171,607 140 JOINT CHIEFS OF STAFF 92,905 92,905 150 PROFESSIONAL DEVELOPMENT EDUCATION 31,669 31,669 SUBTOTAL TRAINING AND RECRUITING 296,181 296,181 ADMIN & SRVWIDE ACTIVITIES 170 CIVIL MILITARY PROGRAMS 137,311 264,592 Program increase—National Guard Youth Challenge [85,281] Program increase—STARBASE [42,000] 190 DEFENSE CONTRACT AUDIT AGENCY 618,526 606,526 Unjustified growth [–12,000] 200 DEFENSE CONTRACT AUDIT AGENCY—CYBER 3,984 3,984 220 DEFENSE CONTRACT MANAGEMENT AGENCY 1,438,296 1,435,796 Unjustified growth [–2,500] 230 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER 11,999 11,999 240 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY 941,488 931,488 Unjustified growth [–10,000] 260 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER 9,859 9,859 270 DEFENSE HUMAN RESOURCES ACTIVITY 816,168 881,168 DHRA/DSPO—support FY2021 congressional increases [5,000] DHRA/SAPRO—FY2021 baseline restoral [60,000] 280 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER 17,655 17,655 290 DEFENSE INFORMATION SYSTEMS AGENCY 1,913,734 1,934,769 milCloud 2.0 migration [21,035] 310 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER 530,278 612,378 Program increase—hardening DOD networks [62,100] Program increase—securing the Department of Defense Information Network [20,000] 350 DEFENSE LEGAL SERVICES AGENCY 229,498 229,498 360 DEFENSE LOGISTICS AGENCY 402,864 407,664 Program increase—Procurement Technical Assistance Program [4,800] 370 DEFENSE MEDIA ACTIVITY 222,655 222,655 380 DEFENSE PERSONNEL ACCOUNTING AGENCY 130,174 155,174 DPAA (POW/MIA)—support FY2021 congressional increases [25,000] 390 DEFENSE SECURITY COOPERATION AGENCY 2,067,446 1,922,157 Program increase [104,711] Transfer to Ukraine Security Assistance [–250,000] 420 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 39,305 39,305 440 DEFENSE THREAT REDUCTION AGENCY 885,749 885,749 460 DEFENSE THREAT REDUCTION AGENCY—CYBER 36,736 36,736 470 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 3,138,345 3,208,345 Program increase—Impact Aid [50,000] Program increase—Impact Aid for children with severe disabilities [20,000] 490 MISSILE DEFENSE AGENCY 502,450 502,450 530 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION—OSD 89,686 104,686 Program increase—Defense Community Infrastructure Program [15,000] 540 OFFICE OF THE SECRETARY OF DEFENSE 1,766,614 1,844,114 Bien Hoa dioxin cleanup [15,000] Cost Assessment Data Enterprise [3,500] Military working dog pilot program [10,000] National Commission on Synthetic Biology [10,000] Office of the Secretary of Defense civilian workforce [9,000] Personnel in the Office of Assistant Secretary of Defense Sustainment and Environment, Safety, and Occupational Health [3,000] Program increase—Afghanistan War Commission [5,000] Program increase—CDC water contamination study and assessment [15,000] Program increase—Commission on Planning, Programming, Budgeting, and Execution Reform [5,000] Program increase—Commission on the National Defense Strategy [5,000] Program increase—Commission on the Strategic Posture of the U.S. [7,000] Unjustified growth—non-pay [–10,000] 550 OFFICE OF THE SECRETARY OF DEFENSE—CYBER 32,851 32,851 560 SPACE DEVELOPMENT AGENCY 53,851 53,851 570 WASHINGTON HEADQUARTERS SERVICES 369,698 364,698 Unjustified growth [–5,000] 999 CLASSIFIED PROGRAMS 17,900,146 17,833,213 Classified adjustment [–66,933] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 34,307,366 34,553,360 UNDISTRIBUTED 998 UNDISTRIBUTED 490,304 Depot capital investment [500,000] Program reduction—SOCOM unjustified increase in management and headquarters expenses [–9,696] SUBTOTAL UNDISTRIBUTED 490,304 TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 44,918,366 45,712,415 MISCELLANEOUS APPROPRIATIONS US COURT OF APPEALS FOR THE ARMED FORCES, DEF 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 15,589 15,589 SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF 15,589 15,589 TOTAL MISCELLANEOUS APPROPRIATIONS 15,589 15,589 MISCELLANEOUS APPROPRIATIONS OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 110,051 150,051 Program increase [40,000] SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 110,051 150,051 TOTAL MISCELLANEOUS APPROPRIATIONS 110,051 150,051 MISCELLANEOUS APPROPRIATIONS COOPERATIVE THREAT REDUCTION ACCOUNT 010 COOPERATIVE THREAT REDUCTION 239,849 344,849 Program increase—Biological Threat Reduction Program [105,000] SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT 239,849 344,849 TOTAL MISCELLANEOUS APPROPRIATIONS 239,849 344,849 MISCELLANEOUS APPROPRIATIONS ACQUISITION WORKFORCE DEVELOPMENT 010 ACQ WORKFORCE DEV FD 54,679 54,679 SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 54,679 54,679 TOTAL MISCELLANEOUS APPROPRIATIONS 54,679 54,679 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, ARMY 050 ENVIRONMENTAL RESTORATION, ARMY 200,806 299,606 Program increase for PFAS [98,800] SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY 200,806 299,606 TOTAL MISCELLANEOUS APPROPRIATIONS 200,806 299,606 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, NAVY 060 ENVIRONMENTAL RESTORATION, NAVY 298,250 465,550 Program increase for PFAS [167,300] SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY 298,250 465,550 TOTAL MISCELLANEOUS APPROPRIATIONS 298,250 465,550 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, AIR FORCE 070 ENVIRONMENTAL RESTORATION, AIR FORCE 301,768 476,768 Program increase for PFAS [175,000] SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE 301,768 476,768 TOTAL MISCELLANEOUS APPROPRIATIONS 301,768 476,768 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, DEFENSE 080 ENVIRONMENTAL RESTORATION, DEFENSE 8,783 10,979 Program increase [2,196] SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE 8,783 10,979 TOTAL MISCELLANEOUS APPROPRIATIONS 8,783 10,979 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION FORMERLY USED SITES 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 218,580 292,580 Program increase for PFAS [74,000] SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES 218,580 292,580 TOTAL MISCELLANEOUS APPROPRIATIONS 218,580 292,580 UKRAINE SECURITY ASSISTANCE UKRAINE SECURITY ASSISTANCE 010 UKRAINE SECURITY ASSISTANCE 300,000 Program increase [50,000] Transfer from Defense Security Cooperation Agency [250,000] TOTAL UKRAINE SECURITY ASSISTANCE 300,000 TOTAL OPERATION & MAINTENANCE 253,623,852 255,404,231", "id": "H3FA7AC420D0B4A1F999A08B1E64E98E2", "header": "Operation and maintenance" }, { "text": "4401. Military personnel \nSEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) Item FY 2022 Request Conference Authorized Military Personnel Appropriations 157,947,920 157,567,460 ARNG CBRN Response Forces Readiness [9,200] Manpower costs associated with retaining two cruisers [45,000] A–10/F–35 Active duty maintainers [93,000] Military personnel historical underexecution [–527,660] Medicare-Eligible Retiree Health Care Fund Contributions 9,337,175 9,337,175 TOTAL, Military Personnel 167,285,095 166,904,635", "id": "H8FAFCA6125414BD6912E60CBB2D55AF3", "header": "Military personnel" }, { "text": "4501. Other authorizations \nSEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) Program Title FY 2022 Request Conference Authorized WORKING CAPITAL FUND, ARMY ARMY ARSENALS INITIATIVE 26,935 26,935 ARMY SUPPLY MANAGEMENT 357,776 357,776 TOTAL WORKING CAPITAL FUND, ARMY 384,711 384,711 WORKING CAPITAL FUND, NAVY SUPPLY MANAGEMENT—NAVY 150,000 150,000 TOTAL WORKING CAPITAL FUND, NAVY 150,000 150,000 WORKING CAPITAL FUND, AIR FORCE SUPPLY MANAGEMENT 77,453 77,453 TOTAL WORKING CAPITAL FUND, AIR FORCE 77,453 77,453 WORKING CAPITAL FUND, DEFENSE-WIDE ENERGY MANAGEMENT—DEFENSE 40,000 40,000 SUPPLY CHAIN MANAGEMENT—DEFENSE 87,765 87,765 TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 127,765 127,765 WORKING CAPITAL FUND, DECA COMMISSARY OPERATIONS 1,162,071 1,162,071 TOTAL WORKING CAPITAL FUND, DECA 1,162,071 1,162,071 CHEM AGENTS & MUNITIONS DESTRUCTION CHEM DEMILITARIZATION—O&M 93,121 93,121 CHEM DEMILITARIZATION—RDT&E 1,001,231 1,001,231 TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION 1,094,352 1,094,352 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF COUNTER-NARCOTICS SUPPORT 593,250 593,250 DRUG DEMAND REDUCTION PROGRAM 126,024 126,024 NATIONAL GUARD COUNTER-DRUG PROGRAM 96,970 96,970 NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,664 5,664 TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 821,908 821,908 OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL 434,700 434,700 OFFICE OF THE INSPECTOR GENERAL—CYBER 1,218 1,218 OFFICE OF THE INSPECTOR GENERAL—RDTE 2,365 2,365 OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT 80 80 TOTAL OFFICE OF THE INSPECTOR GENERAL 438,363 438,363 DEFENSE HEALTH PROGRAM IN-HOUSE CARE 9,720,004 9,587,742 Assumptions for care [–27,800] Excess funding for capability replacement [–104,462] PRIVATE SECTOR CARE 18,092,679 18,068,879 Unjustified support services growth [–23,800] CONSOLIDATED HEALTH SUPPORT 1,541,122 1,556,522 Assumptions for care [–14,600] Program increase: Anomalous health incidents care capacity [30,000] INFORMATION MANAGEMENT 2,233,677 2,233,677 MANAGEMENT ACTIVITIES 335,138 335,138 EDUCATION AND TRAINING 333,234 333,234 BASE OPERATIONS/COMMUNICATIONS 1,926,865 1,921,865 Program decrease [–5,000] R&D RESEARCH 9,091 9,091 R&D EXPLORATRY DEVELOPMENT 75,463 75,463 R&D ADVANCED DEVELOPMENT 235,556 235,556 R&D DEMONSTRATION/VALIDATION 142,252 142,252 R&D ENGINEERING DEVELOPMENT 101,054 101,054 R&D MANAGEMENT AND SUPPORT 49,645 49,645 R&D CAPABILITIES ENHANCEMENT 17,619 17,619 UNDISTRIBUTED RDT&E 12,500 Combat triple negative breast cancer [10,000] Post-traumatic stress disorder [2,500] PROC INITIAL OUTFITTING 20,926 20,926 PROC REPLACEMENT & MODERNIZATION 250,366 250,366 PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER 72,302 72,302 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION 435,414 435,414 TOTAL DEFENSE HEALTH PROGRAM 35,592,407 35,459,245 TOTAL OTHER AUTHORIZATIONS 39,849,030 39,715,868", "id": "H0709DEC62802499AA0FF54105A5E55B1", "header": "Other authorizations" }, { "text": "4601. Military construction \nSEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Account State/Country and Installation Project Title FY 2022 Request Conference Authorized Alabama Army Fort Rucker AIT Barracks Complex 0 66,000 Army Redstone Arsenal Propulsion Systems Lab 55,000 55,000 Belgium Army Shape Headquarters Command and Control Facility 16,000 16,000 California Army Fort Irwin Simulations Center 52,000 52,000 Georgia Army Fort Gordon Cyber Center of Excellence School Headquarters and Classrooms (P&D) 0 3,670 Army Fort Gordon Cyber Instructional Fac (Admin/Cmd), Inc. 2 69,000 69,000 Army Fort Stewart Barracks 0 105,000 Germany Army East Camp Grafenwoehr EDI: Barracks and Dining Facility 103,000 103,000 Army Smith Barracks Indoor Small Arms Range 17,500 17,500 Army Smith Barracks Live Fire Exercise Shoothouse 16,000 16,000 Hawaii Army Fort Shafter Ctc—Command and Control Facility 0 55,000 Army Wheeler Army Airfield Rotary Wing Parking Apron 0 56,000 Army Wheeler Army Airfield Aviation Unit OPS Building 0 84,000 Army West Loch Nav Mag Annex Ammunition Storage 51,000 51,000 Kansas Army Fort Leavenworth Child Development Center 0 34,000 Kentucky Army Fort Knox Child Development Center 0 27,000 Louisiana Army Fort Polk Joint Operations Center 55,000 55,000 Army Fort Polk Barracks 0 56,000 Maryland Army Aberdeen Proving Ground Moving Target Simulator (Combat Systems Simulation Laboratory) 0 0 Army Fort Detrick Medical Waste Incinerator 0 23,981 Army Fort Detrick USAMRMC Headquarters 0 0 Army Fort Meade Barracks 81,000 81,000 Mississippi Army Engineer Research and Development Center Communications Center 0 0 Army Engineer Research and Development Center Rtd&e (Risk Lab) 0 0 Missouri Army Fort Leonard Wood Advanced Individual Training Battalion Complex (P&D) 0 4,000 New Jersey Army Picatinny Arsenal Igloo Storage, Installation 0 0 New Mexico Army White Sands Missile Range Missile Assembly Support Facility 0 29,000 New York Army Fort Hamilton Information Systems Facility 26,000 26,000 Army West Point Military Reservation Ctc—Engineering Center 0 17,200 Army Watervliet Arsenal Access Control Point 20,000 20,000 Pennsylvania Army Letterkenny Army Depot Fire Station 21,000 21,000 South Carolina Army Fort Jackson Reception Barracks Complex, Ph2, Inc. 2 34,000 34,000 Army Fort Jackson Ctc- Reception Barracks, Ph1 0 21,000 Texas Army Camp Bullis Ctc- Vehicle Maintenance Shop 0 16,400 Army Fort Hood Barracks 0 61,000 Army Fort Hood Barracks 0 69,000 Virginia Army Joint Base Langley-Eustis AIT Barracks Complex, Ph4 0 16,000 Worldwide Classified Army Classified Location Forward Operating Site 31,000 31,000 Worldwide Unspecified Army Unspecified Worldwide Locations Host Nation Support 27,000 27,000 Army Unspecified Worldwide Locations Minor Construction 35,543 35,543 Army Unspecified Worldwide Locations Planning and Design 124,649 134,649 Army Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 45,000 Army Worldwide Various Locations Cost to Complete—Unspecified Minor Construction 0 69,000 Military Construction, Army Total 834,692 1,727,943 Arizona Navy Marine Corps Air Station Yuma Combat Training Tank Complex 0 29,300 Navy Marine Corps Air Station Yuma Bachelor Enlisted Quarters 0 0 California Navy Marine Corps Base Camp Pendleton I MEF Consolidated Information Center Inc. 19,869 19,869 Navy Marine Corps Base Camp Pendleton Warehouse Replacement 0 22,200 Navy Marine Corps Base Camp Pendleton Basilone Road Realignment 0 0 Navy Marine Corps Air Station Miramar F–35 Centralized Engine Repair Facility 0 31,400 Navy Marine Corps Air Station Miramar Aircraft Maintenance Hangar 0 185,991 Navy Naval Air Station Lemoore F–35C Hangar 6 Phase 2 (Mod 3/4) Inc. 75,070 50,000 Navy Marine Corps Air Ground Combat Center Cost to Complete—Wastewater Treatment Plant 0 45,000 Navy Naval Base Ventura County Combat Vehicle Maintenance Facility 0 48,700 Navy Naval Base Ventura County MQ–25 Aircraft Maintenance Hangar 0 125,291 Navy Naval Base Coronado CMV–22B Aircraft Maintenance Hangar 0 63,600 Navy Marine Corps Base Camp Pendleton CLB MEU Complex 0 83,900 Navy Marine Corps Reserve Depot San Diego Recruit Mess Hall Replacement 0 93,700 Navy Naval Information Warfare Center Pacific Reconfigurable Cyber Laboratory 0 0 Navy Naval Weapons Station Seal Beach Missile Magazines Inc. 10,840 10,840 Navy Naval Base San Diego Pier 6 Replacement Inc. 50,000 50,000 Navy San Nicholas Island Directed Energy Weapons Test Facilities 19,907 19,907 District of Columbia Navy Naval Research Laboratory Electromagnetic & Cyber Countermeasures Laboratory 0 0 Navy Naval Research Laboratory Biomolecular Science & Synthetic Biology Laboratory 0 0 El Salvador Navy Cooperative Security Location Comalapa Hangar and Ramp Expansion 0 0 Florida Navy Naval Air Station Jacksonville Planning and Design for Lighterage and Small Craft 0 7,000 Navy Naval Surface Warfare Center Panama City Division Unmanned Vehicle Littoral Combat Space 0 0 Navy Naval Surface Warfare Center Panama City Division Mine Warfare RDT&E Facility 0 0 Navy Naval Undersea Warfare Center Panama City Division AUTEC Pier Facility 1902 0 37,980 Navy Marine Corps Support Facility Blount Island Lighterage and Small Craft Facility 0 69,400 Navy Naval Undersea Warfare Center Panama City Division Array Calibration Facility 0 0 Greece Navy Naval Support Activity Souda Bay EDI: Joint Mobility Processing Center 41,650 41,650 Guam Navy Andersen Air Force Base Aviation Admin Building 50,890 50,890 Navy Joint Region Marianas 4th Marines Regiment Facilities 109,507 65,000 Navy Joint Region Marianas Bachelor Enlisted Quarters H Inc. 43,200 43,200 Navy Joint Region Marianas Combat Logistics Batallion–4 Facility 92,710 49,710 Navy Joint Region Marianas Consolidated Armory 43,470 43,470 Navy Joint Region Marianas Infantry Battalion Company HQ 44,100 44,100 Navy Joint Region Marianas Joint Communication Upgrade Inc. 84,000 84,000 Navy Joint Region Marianas Marine Expeditionary Brigade Enablers 66,830 66,830 Navy Joint Region Marianas Principal End Item (PEI) Warehouse 47,110 47,110 Navy Joint Region Marianas X-Ray Wharf Berth 2 103,800 51,900 Hawaii Navy Marine Corps Training Area Bellows Perimeter Security Fence 0 6,220 Navy Marine Corps Base Kaneohe Bachelor Enlisted Quarters, Ph 2 Inc, 0 101,200 Navy Marine Corps Base Kaneohe Electrical Distribution Modernization 0 64,500 Indiana Navy Naval Surface Warfare Center Crane Division Strategic Systems Engineering & Hardware Assurance Center 0 0 Navy Naval Surface Warfare Center Crane Division Corporate Operations and Training Center 0 0 Navy Naval Surface Warfare Center Crane Division Anti-Ship Missile Defense Life Cycle Integration and Test Center 0 0 Japan Navy Fleet Activities Yokosuka Pier 5 (Berths 2 and 3) Inc. 15,292 15,292 Navy Fleet Activities Yokosuka Ship Handling & Combat Training Facilities 49,900 49,900 Maine Navy Naval Support Activity Cutler Firehouse (P&D) 0 2,500 Navy Portsmouth Naval Shipyard Multi-Mission Drydock #1 Extension Inc. 250,000 250,000 Navy Portsmouth Naval Shipyard Multi-Mission Drydock #1 Extension Inc.—Navy #1 Ufr 0 0 Maryland Navy Naval Air Station Patuxent River Planning and Design for Aircraft Prototyping Facility, Ph 3 0 1,500 Navy Naval Air Warfare Center Aircraft Division Aircraft Prototyping Facility, Ph 3 0 0 Navy Naval Air Warfare Center Aircraft Division Rotary Wing T&E Hangar Replacement 0 0 Navy Naval Surface Warfare Center Carderock Division Ship Systems Design & Integration Facility 0 0 Navy Naval Surface Warfare Center Carderock Division ARD Range Craft Berthing Facility 0 0 Navy Naval Surface Warfare Center Carderock Division Navy Combatant Craft Laboratory 0 0 Navy Naval Surface Warfare Center Indian Head Planning and Design for Contained Burn Facility 0 1,500 Navy Naval Surface Warfare Center Indian Head Energetic Systems and Technology Laboratory Complex, Ph 2 0 0 Navy Naval Surface Warfare Center Indian Head Contained Burn Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetic Chemical Scale-up Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetics Prototyping Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetic Systems and Technology Laboratory Complex, Ph 3 0 0 Nevada Navy Naval Air Station Fallon Training Range Land Acquisition—Ph 2 48,250 0 North Carolina Navy Marine Corps Base Camp Lejeune Cost to Complete—Water Treatment Plant Replacement Hadnot Pt 0 64,200 Navy Marine Corps Base Camp Lejeune II MEF Operations Center Replacement Inc. 42,200 42,200 Navy Marine Corps Air Station Cherry Point Aircraft Maintenance Hangar 207,897 57,897 Navy Marine Corps Air Station Cherry Point F–35 Flightline Utilities Modernization Ph 2 113,520 30,000 Navy Marine Corps Air Station Cherry Point F–35 Joint Strike Fighter Sustainment Center (P–993) (P&D) 0 10,000 Navy Marine Corps Air Station Cherry Point Ctc—ATC Tower and Airfield Operations 0 18,700 Navy Marine Corps Air Station New River Maintenance Hangar (P&D) 0 13,300 Navy Marine Corps Air Station New River Aircraft Maintenance Hangar Addition/Alteration (P&D) 0 2,700 Pennsylvania Navy Naval Surface Warfare Center Philadelphia Division Machinery Control Development Center 0 77,290 Navy Naval Surface Warfare Center Philadelphia Division Machinery Integration Lab, Ph 1 0 0 Navy Naval Surface Warfare Center Philadelphia Division Power & Energy Tech Systems Integration Lab 0 0 Poland Navy Redzikowo AEGIS Ashore Barracks Planning and Design 0 0 Rhode Island Navy Naval Station Newport Next Generation Torpedo Integration Lab (P&D) 0 1,200 Navy Naval Station Newport Submarine Payloads Integration Laboratory (P&D) 0 1,400 Navy Naval Station Newport Consolidated RDT&E Systems Facility (P&D) 0 1,700 Navy Naval Station Newport Next Generation Secure Submarine Platform Facility (P&D) 0 4,000 Navy Naval Undersea Warfare Center Newport Division Next Generation Secure Submarine Platform Facility 0 0 Navy Naval Undersea Warfare Center Newport Division Next Generation Torpedo Integration Lab 0 0 Navy Naval Undersea Warfare Center Newport Division Submarine Payloads Integration Facility 0 0 Navy Naval Undersea Warfare Center Newport Division Consolidation RDT&E Systems Facility 0 0 South Carolina Navy Marine Corps Air Station Beaufort Instrument Landing System 0 3,000 Navy Marine Corps Air Station Beaufort F–35 Operational Support Facility 0 4,700 Navy Marine Corps Air Station Beaufort Ctc—Recycling/Hazardous Waste Facility 0 5,000 Navy Marine Corps Air Station Beaufort Aircraft Maintenance Hangar 0 122,600 Navy Marine Corps Reserve Depot Parris Island Entry Control Facility 0 6,000 Spain Navy Naval Station Rota EDI: Explosive Ordnance Disposal (EOD) Mobile Unit Facilities 0 85,600 Texas Navy Naval Air Station Kingsville Planning and Design for Fire Rescue Safety Center 0 2,500 Virginia Navy Naval Station Norfolk CMV–22 Aircraft Maintenance Hangar and Airfield Improvement 0 75,100 Navy Naval Station Norfolk Submarine Pier 3 Inc. 88,923 43,923 Navy Naval Surface Warfare Center Dahlgren Division Cyber Threat & Weapon Systems Engineering Complex 0 0 Navy Naval Surface Warfare Center Dahlgren Division High Powered Electric Weapons Laboratory 0 0 Navy Norfolk Naval Shipyard Dry Dock Saltwater System for CVN–78 156,380 30,000 Navy Marine Corps Base Quantico Vehicle Inspection and Visitor Control Center 42,850 42,850 Navy Marine Corps Base Quantico Wargaming Center Inc. 30,500 30,500 Navy Naval Weapons Station Yorktown Navy Munitions Command (Nmc) Ordnance Facilities Recap, Phase 2 0 93,500 Worldwide Unspecified Navy Unspecified Worldwide Locations Planning and Design 363,252 413,252 Navy Unspecified Worldwide Locations Shipyard Investment Optimization Program 0 225,000 Navy Unspecified Worldwide Locations Shipyard Investment Optimization Program—Planning and Design 0 62,820 Navy Unspecified Worldwide Locations Unspecified Minor Construction 56,435 56,435 Navy Worldwide Various Locations PDI: Planning and Design Unfunded Requirement 0 68,200 Navy Worldwide Various Locations Unspecified Minor Construction 0 75,000 Navy Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 50,000 Military Construction, Navy Total 2,368,352 3,895,117 Alaska AF Eielson Air Force Base Contaminated Soil Removal 0 44,850 AF Joint Base Elmendorf-Richardson Extend Runway 16/34, Inc. 1 79,000 79,000 Arizona AF Davis-Monthan Air Force Base South Wilmot Gate 13,400 13,400 AF Luke Air Force Base F–35A ADAL AMU Facility Squadron #6 28,000 28,000 AF Luke Air Force Base F–35A Squadron Operations Facility #6 21,000 21,000 Australia AF Royal Australian Air Force Base Darwin Squadron Operations Facility 7,400 7,400 AF Royal Australian Air Force Base Tindal Aircraft Maintenance Support Facility 6,200 6,200 AF Royal Australian Air Force Base Tindal Squadron Operations Facility 8,200 8,200 California AF Edwards Air Force Base Flight Test Engineering Lab Complex 4,000 4,000 AF Edwards Air Force Base Upgrade Munitions Complex 0 0 AF Edwards Air Force Base Rocket Engineering, Analysis, and Collaboration Hub (Reach) 0 0 AF Vandenberg Space Force Base GBSD Re-Entry Vehicle Facility 48,000 48,000 AF Vandenberg Space Force Base GBSD Stage Processing Facility 19,000 19,000 Colorado AF Schriever Space Force Base ADAL Fitness Center 0 30,000 AF United States Air Force Academy Add High Bay Vehicle Maintenance 0 4,360 AF United States Air Force Academy Cadet Prep School Dormitory 0 0 District of Columbia AF Joint Base Anacostia Bolling Joint Air Defense Operations Center Ph 2 24,000 24,000 Florida AF Eglin Air Force Base Weapons Technology Integration Center (P&D) 0 40,000 AF Eglin Air Force Base HC-Blackfyre Facilities 0 0 AF Eglin Air Force Base JADC2 & Abms Test Facility 0 0 AF Eglin Air Force Base F–35A Development/Operational Test 2–Bay Hangar (P&D) 0 4,000 AF Eglin Air Force Base Ctc—Advanced Munitions Technology Complex 0 35,000 AF Eglin Air Force Base Integrated Control Facility 0 0 AF Eglin Air Force Base F–35A Development Test 2–Bay MX Hangar 0 0 AF Eglin Air Force Base Flightline Fire Station at Duke Field 0 14,000 Georgia AF Moody Air Force Base 41 Rqs Hh–60w Apron 0 0 Germany AF Spangdahlem Air Base F/a–22 LO/Composite Repair Facility 22,625 22,625 Guam AF Joint Region Marianas Airfield Damage Repair Warehouse 30,000 30,000 AF Joint Region Marianas Hayman Munitions Storage Igloos, MSA2 9,824 9,824 AF Joint Region Marianas Munitions Storage Igloos IV 55,000 55,000 Hawaii AF Maui Experimental Site #3 Secure Integration Support Lab W/ Land Acquisition (P&D) 0 8,800 Hungary AF Kecskemet Air Base EDI: Construct Airfield Upgrades 20,564 20,564 AF Kecskemet Air Base EDI: Construct Parallel Taxiway 38,650 38,650 Italy AF Aviano Air Force Base Area A1 Entry Control Point 0 10,200 Japan AF Kadena Air Base Airfield Damage Repair Storage Facility 38,000 38,000 AF Kadena Air Base Helicopter Rescue OPS Maintenance Hangar 168,000 35,000 AF Kadena Air Base Replace Munitions Structures 26,100 26,100 AF Misawa Air Base Airfield Damage Repair Facility 25,000 25,000 AF Yokota Air Base C–130J Corrosion Control Hangar 67,000 67,000 AF Yokota Air Base Airfield Damage Repair Warehouse 0 39,000 AF Yokota Air Base Construct CATM Facility 25,000 25,000 Louisiana AF Barksdale Air Force Base Weapons Generation Facility, Inc. 1 40,000 40,000 AF Barksdale Air Force Base New Entrance Road and Gate Complex—Ctc 0 36,000 Maryland AF Joint Base Andrews Fire Crash Rescue Station 26,000 26,000 AF Joint Base Andrews Military Working Dog Kennel—Ctc 0 10,000 Massachusetts AF Hanscom Air Force Base NC3 Acquisitions Management Facility 66,000 66,000 Nebraska AF Offutt Air Force Base Replace Trestle F312 0 0 Nevada AF Creech Air Force Base Warrior Fitness Training Center (P&D) 0 2,200 AF Creech Air Force Base Mission Support Facility 0 14,200 New Mexico AF Cannon Air Force Base 192 Bed Dormitory (P&D) 0 5,568 AF Cannon Air Force Base Deployment Processing Center (P&D) 0 5,976 AF Holloman Air Force Base Indoor Target Flip Facility (P&D) 0 2,340 AF Holloman Air Force Base RAMS Indoor Target Flip Facility 0 0 AF Holloman Air Force Base Holloman High Speed Test Track Recapitalization 0 0 AF Holloman Air Force Base ADAL Fabrication Shop 0 0 AF Holloman Air Force Base MQ–9 Formal Training Unit Operations Facility 0 0 AF Kirtland Air Force Base Dedicated Facility for the Space Rapid Capabilities Office (P&D) 0 5,280 AF Kirtland Air Force Base Ctc—Wyoming Gate Antiterrorism Compliance 0 5,600 AF Kirtland Air Force Base Pj/Cro Urban Training Complex (P&D) 0 810 AF Kirtland Air Force Base High Power Electromagnetic (HPEM) Laboratory 0 0 AF Kirtland Air Force Base Laser Effects & Simulation Laboratory 0 0 AF Kirtland Air Force Base ADAL Systems & Engineering Lab 0 0 New Jersey AF Joint Base McGuire-Dix-Lakehurst SFS OPS Confinement Facility (P&D) 0 450 Ohio AF Wright-Patterson Air Force Base Child Development Center 0 24,000 AF Wright-Patterson Air Force Base Human Performance Wing Laboratory 0 0 AF Wright-Patterson Air Force Base Bionatronics Research Center Laboratory 0 0 Oklahoma AF Tinker Air Force Base KC–46A 3–Bay Depot Maintenance Hangar 160,000 60,000 South Carolina AF Joint Base Charleston Flightline Support Facility 0 29,000 AF Joint Base Charleston Fire and Rescue Station 0 30,000 South Dakota AF Ellsworth Air Force Base B–21 2–Bay LO Restoration Facility, Inc. 2 91,000 41,000 AF Ellsworth Air Force Base B–21 ADAL Flight Simulator 24,000 24,000 AF Ellsworth Air Force Base B–21 Field Training Detachment Facility 47,000 47,000 AF Ellsworth Air Force Base B–21 Formal Training Unit/AMU 70,000 70,000 AF Ellsworth Air Force Base B–21 Mission Operations Planning Facility 36,000 36,000 AF Ellsworth Air Force Base B–21 Washrack & Maintenance Hangar 65,000 65,000 Spain AF Moron Air Base EDI-Hot Cargo Pad 8,542 8,542 Tennessee AF Arnold Air Force Base Cooling Water Expansion, Rowland Creek 0 0 AF Arnold Air Force Base Add/Alter Test Cell Delivery Bay 0 14,600 AF Arnold Air Force Base Primary Pumping Station Upgrades 0 0 Texas AF Joint Base San Antonio BMT Recruit Dormitory 7 141,000 40,000 AF Joint Base San Antonio BMT Recruit Dormitory 8, Inc. 3 31,000 31,000 AF Joint Base San Antonio—Fort Sam Houston Child Development Center 0 29,000 AF Joint Base San Antonio—Fort Sam Houston Directed Energy Research Center 0 0 AF Joint Base San Antonio—Lackland Air Force Base Child Development Center 0 29,000 AF Sheppard Air Force Base Child Development Center 20,000 20,000 United Kingdom AF Royal Air Force Fairford EDI: Construct DABS-FEV Storage 94,000 94,000 AF Royal Air Force Lakenheath F–35A Child Development Center 0 24,000 AF Royal Air Force Lakenheath F–35A Munition Inspection Facility 31,000 31,000 AF Royal Air Force Lakenheath F–35 ADAL Conventional Munitions MX 0 4,500 AF Royal Air Force Lakenheath F–35A Weapons Load Training Facility 49,000 49,000 Utah AF Hill Air Force Base GBSD Organic Software Sustainment Ctr, Inc. 2 31,000 31,000 Virginia AF Joint Base Langley-Eustis Fuel Systems Maintenance Dock 0 24,000 Worldwide Unspecified AF Various Worldwide Locations EDI: Planning & Design 648 10,648 AF Various Worldwide Locations PDI: Planning & Design 27,200 47,200 AF Various Worldwide Locations Planning & Design 201,453 201,453 AF Various Worldwide Locations Intelligence, Surveillance, and Reconnaissance Infrastructure Planning and Design 0 20,000 AF Various Worldwide Locations Cost to Complete—Natural Disaster Conus-Based Projects 0 100,000 AF Various Worldwide Locations EDI: UMMC 0 15,000 AF Various Worldwide Locations Unspecified Minor Military Construction 58,884 58,884 AF Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 75,000 Military Construction, Air Force Total 2,102,690 2,485,424 Alabama Def-Wide Fort Rucker 10 MW RICE Generator Plant and Microgrid Controls 0 24,000 Def-Wide Redstone Arsenal Msic Advanced Analysis Facility Phase 1 (Inc) 0 25,000 Belgium Def-Wide Chievres Air Force Base Europe West District Superintendent's Office 15,000 15,000 California Def-Wide Marine Corps Base Camp Pendleton Veterinary Treatment Facility Replacement 13,600 13,600 Def-Wide Silver Strand Training Complex SOF ATC Operations Support Facility 21,700 21,700 Def-Wide Silver Strand Training Complex SOF NSWG11 Operations Support Facility 12,000 12,000 Def-Wide Marine Corps Air Station Miramar Additional LFG Power Meter Station 0 4,054 Def-Wide Naval Air Weapons Station China Lake Solar Energy Storage System 0 9,120 Def-Wide Naval Amphibious Base Coronado Ctc- SOF Training Command 0 20,500 Colorado Def-Wide Buckley Air Force Base JCC Expansion 20,000 20,000 District of Columbia Def-Wide Joint Base Anacostia-Bolling DIA HQ Cooling Towers and Cond Pumps 0 2,257 Def-Wide Joint Base Anacostia-Bolling PV Carports 0 29,004 Florida Def-Wide MacDill Air Force Base Transmission and Switching Stations 0 22,000 Georgia Def-Wide Fort Benning 4.8 MW Generation and Microgrid 0 17,593 Def-Wide Fort Benning SOF Battalion Headquarters Facility 62,000 62,000 Def-Wide Fort Stewart 10 MW Generation Plant, With Microgrid Controls 0 22,000 Def-Wide Kings Bay Naval Submarine Base Electrical Transmission and Distribution 0 19,314 Germany Def-Wide Ramstein Air Base Ramstein Middle School 93,000 13,000 Guam Def-Wide Polaris Point Submarine Base Inner Apra Harbor Resiliency Upgrades Ph1 0 38,300 Hawaii Def-Wide Hdr-Hawaii Homeland Defense Radar (P&D) 0 9,000 Def-Wide Joint Base Pearl Harbor-Hickam Veterinary Treatment Facility Replacement 29,800 29,800 Idaho Def-Wide Mountain Home Air Force Base Water Treatment Plant and Pump Station 0 33,800 Japan Def-Wide Marine Corps Air Base Iwakuni Fuel Pier 57,700 57,700 Def-Wide Kadena Air Base Operations Support Facility 24,000 24,000 Def-Wide Kadena Air Base Truck Unload Facilities 22,300 22,300 Def-Wide Misawa Air Base Additive Injection Pump and Storage Sys 6,000 6,000 Def-Wide Naval Air Facility Atsugi Smart Grid for Utility and Facility Controls 0 3,810 Def-Wide Yokota Air Base Hangar/AMU 108,253 31,653 Kuwait Def-Wide Camp Arifjan Microgrid Controller, 1.25 MW Solar PV, and 1.5 MWH Battery 0 15,000 Maryland Def-Wide Bethesda Naval Hospital MEDCEN Addition / Alteration, Inc. 5 153,233 153,233 Def-Wide Fort Meade NSAW Mission OPS and Records Center Inc. 1 94,000 94,000 Def-Wide Fort Meade NSAW Recap Building 4, Inc. 1 104,100 104,100 Def-Wide Fort Meade SOF Operations Facility 100,000 75,000 Michigan Def-Wide Camp Grayling 650 KW Gas-Fired Micro-Turbine Generation System 0 5,700 Mississippi Def-Wide Camp Shelby 10 MW Generation Plant an Feeder Level Microgrid System 0 34,500 Def-Wide Camp Shelby Electrical Distribution Infrastructure Undergrounding Hardening Project 0 11,155 Missouri Def-Wide Fort Leonard Wood Hospital Replacement, Inc. 4 160,000 160,000 New Mexico Def-Wide Kirtland Air Force Base Environmental Health Facility Replacement 8,600 8,600 New York Def-Wide Fort Drum Wellfield Expansion Resiliency Project 0 27,000 North Carolina Def-Wide Camp Lejeune Ctc—SOF Motor Transport Maintenance Expansion 0 0 Def-Wide Fort Bragg Ctc—SOF Intelligence Training Center 0 0 Def-Wide Fort Bragg 10 MW Microgrid Utilizing Existing and New Generators 0 19,464 Def-Wide Fort Bragg Emergency Water System 0 7,705 North Dakota Def-Wide Cavalier Air Force Station Pcars Emergency Power Plant Fuel Storage 0 24,150 Ohio Def-Wide Springfield-Beckley Municipal Airport Base-Wide Microgrid With Natural Gas Generator, Photovaltaic, and Battery Storage 0 4,700 Puerto Rico Def-Wide Fort Allen Microgrid Conrol System, 690 KW PV, 275 KW Gen, 570 Kwh Bess 0 12,190 Def-Wide Punta Borinquen Ramey Unit School Replacement 84,000 84,000 Def-Wide Aguadilla Ramey Unit School Microgrid Conrol System, 460 KW PV, 275 KW Generator, 660 Kwh Bess 0 10,120 Tennessee Def-Wide Memphis International Airport PV Arrays and Battery Storage 0 4,780 Texas Def-Wide Joint Base San Antonio Ambulatory Care Center Ph 4 35,000 35,000 United Kingdom Def-Wide Menwith Hill Station Rafmh Main Gate Rehabilitation 20,000 20,000 Def-Wide Royal Air Force Lakenheath Hospital Replacement-Temporary Facilities 19,283 19,283 Virginia Def-Wide Fort Belvoir Veterinary Treatment Facility Replacement 29,800 29,800 Def-Wide Humphries Engineer Center and Support Activity SOF Battalion Operations Facility 0 36,000 Def-Wide Pentagon Consolidated Maintenance Complex (RRMC) 20,000 20,000 Def-Wide Pentagon Force Protection Perimeter Enhancements 8,608 8,608 Def-Wide Pentagon Public Works Support Facility 21,935 21,935 Def-Wide Fort Belvoir, NGA Campus East Led Upgrade Package 0 365 Def-Wide Pentagon, Mark Center, and Raven Rock Mountain Complex Recommisioning of Hvac Systems, Part B 0 2,600 Def-Wide National Geospatial-Intelligence Agency Campus East Electrical System Redundancy 0 5,299 Washington Def-Wide Oak Harbor ACC / Dental Clinic (Oak Harbor) 59,000 59,000 Worldwide Unspecified Def-Wide Unspecified Worldwide Locations DIA Planning and Design 11,000 11,000 Def-Wide Unspecified Worldwide Locations DODEA Planning and Design 13,317 13,317 Def-Wide Unspecified Worldwide Locations DODEA Unspecified Minor Construction 8,000 8,000 Def-Wide Unspecified Worldwide Locations ERCIP Design 40,150 40,150 Def-Wide Unspecified Worldwide Locations Energy Resilience and Conserv. Invest. Prog. 246,600 0 Def-Wide Unspecified Worldwide Locations Exercise Related Minor Construction 5,615 5,615 Def-Wide Unspecified Worldwide Locations MDA Unspecified Minor Construction 4,435 4,435 Def-Wide Unspecified Worldwide Locations NSA Planning and Design 83,840 83,840 Def-Wide Unspecified Worldwide Locations NSA Unspecified Minor Military Construction 12,000 12,000 Def-Wide Unspecified Worldwide Locations Planning and Design 14,194 14,194 Def-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction 21,746 21,746 Def-Wide Unspecified Worldwide Locations TJS Planning and Design 2,000 2,000 Def-Wide Unspecified Worldwide Locations Unspecified Minor Construction 3,000 3,000 Def-Wide Unspecified Worldwide Locations WHS Planning and Design 5,275 5,275 Def-Wide Various Worldwide Locations DHA Planning and Design 35,099 35,099 Def-Wide Various Worldwide Locations DLA Planning and Design 20,862 20,862 Def-Wide Various Worldwide Locations DLA Unspecified Minor Construction 6,668 6,668 Def-Wide Various Worldwide Locations SOCOM Planning and Design 20,576 20,576 Military Construction, Defense-Wide Total 1,957,289 2,029,569 Worldwide Unspecified NATO NATO Security Investment Program NATO Security Investment Program 205,853 205,853 NATO Security Investment Program Total 205,853 205,853 Alabama Army NG Redstone Arsenal National Guard Readiness Center 0 17,000 Alaska Army NG Joint Base Elmendorf-Richardson Planning and Design for National Guard Readiness Center 0 5,000 Connecticut Army NG Connecticut Army National Guard Readiness Center—Putnam National Guard Readiness Center 17,500 17,500 Georgia Army NG Fort Benning Post-Initial Mil. Training Unaccomp. Housing 13,200 13,200 Guam Army NG Guam National Guard Readiness Center Barrigada National Guard Readiness Center Addition 34,000 34,000 Idaho Army NG Jerome National Guard Armory National Guard Readiness Center 15,000 15,000 Illinois Army NG Bloomington National Guard Armory National Guard Vehicle Maintenance Shop 15,000 15,000 Kansas Army NG Nickell Memorial Armory National Guard/Reserve Center Building SCIF (P&D) 0 420 Army NG Nickell Memorial Armory National Guard/Reserve Center Building 16,732 16,732 Louisiana Army NG Camp Minden Training Site Collective Training Unaccompanied Housing 0 13,800 Army NG Lake Charles National Guard Readiness Center National Guard Readiness Center 18,500 18,500 Maine Army NG Saco National Guard Readiness Center National Guard Vehicle Maintenance Shop 21,200 21,200 Michigan Army NG Camp Grayling Military Installation National Guard Readiness Center 0 16,000 Mississippi Army NG Camp Shelby Training Site Maneuver Area Training Equipment Site 0 15,500 Missouri Army NG Aviation Classification Repair Activity Depot Avcrad Aircraft Maintenance Hangar Addition (P&D) 0 3,800 Montana Army NG Butte Military Entrance Training Site National Guard Readiness Center 16,000 16,000 Nebraska Army NG Mead Army National Guard Readiness Center Collective Training Unaccompanied Housing 0 11,000 North Dakota Army NG Dickinson National Guard Armory National Guard Readiness Center 15,500 15,500 South Dakota Army NG Sioux Falls Army National Guard National Guard Readiness Center 0 15,000 Vermont Army NG Ethan Allen Air Force Base Family Readiness Center 0 4,665 Army NG Vermont National Guard Armory National Guard Readiness Center 0 16,900 Virginia Army NG Virginia National Guard Readiness Center Army Aviation Support Facility (P&D) 0 5,805 Army NG Virginia National Guard Readiness Center Combined Support Maintenance Shop Addition 6,900 6,900 Army NG Virginia National Guard Readiness Center National Guard Readiness Center Addition 6,100 6,100 Worldwide Unspecified Army NG Unspecified Worldwide Locations Planning and Design 22,000 32,000 Army NG Unspecified Worldwide Locations Unspecified Minor Construction 39,471 39,471 Army NG Various Worldwide Locations Army National Guard Transformation Plan 0 0 Military Construction, Army National Guard Total 257,103 391,993 Michigan Army Res Southfield Area Maintenance Support Activity 12,000 12,000 Ohio Army Res Wright-Patterson Air Force Base AR Center Training Building/ UHS 19,000 19,000 Wisconsin Army Res Fort McCoy Transient Training BN HQ 12,200 12,200 Army Res Fort McCoy Transient Training Enlisted Barracks 0 29,200 Army Res Fort McCoy Transient Training Officer Barracks 0 29,200 Army Res Fort McCoy Transient Training Enlisted Barracks 0 0 Worldwide Unspecified Army Res Unspecified Worldwide Locations Planning and Design 7,167 7,167 Army Res Unspecified Worldwide Locations Cost to Complete 0 0 Army Res Unspecified Worldwide Locations Unspecified Minor Military Construction 14,544 14,544 Military Construction, Army Reserve Total 64,911 123,311 Michigan N/MC Res Navy Operational Support Center Battle Creek Reserve Center & Vehicle Maintenance Facility 49,090 49,090 Minnesota N/MC Res Minneapolis Joint Reserve Intelligence Center 14,350 14,350 Worldwide Unspecified N/MC Res Unspecified Worldwide Locations MCNR Planning & Design 1,257 1,257 N/MC Res Unspecified Worldwide Locations MCNR Unspecified Minor Construction 2,359 2,359 N/MC Res Unspecified Worldwide Locations USMCR Planning and Design 4,748 4,748 Military Construction, Naval Reserve Total 71,804 71,804 Alabama Air NG Sumpter Smith Air National Guard Base Security and Services Training Facility 0 7,500 Air NG Montgomery Regional Airport Aircraft Maintenance Facility 0 19,200 Connecticut Air NG Bradley International Airport Composite ASE/Vehicle MX Facility 0 17,000 Delaware Air NG Newcastle Air National Guard Base Fuel Cell/Corrosion Control Hangar 0 17,500 Idaho Air NG Boise Air National Guard Base Gowen Field Medical Training Facility 0 6,500 Illinois Air NG Abraham Lincoln Capital Airport Base Civil Engineering Facility 0 10,200 Massachusetts Air NG Barnes Air National Guard Combined Engine/ASE/NDI Shop 12,200 12,200 Michigan Air NG Alpena County Regional Airport Aircraft Maintenance Hangar/Shops 23,000 23,000 Air NG Selfridge Air National Guard Base a–10 Maintenance Hangar and Shops 0 28,000 Air NG W. K. Kellog Regional Airport Construct Main Base Entrance 10,000 10,000 Mississippi Air NG Jackson International Airport Fire Crash and Rescue Station 9,300 9,300 New York Air NG Francis S. Gabreski Airport Base Civil Engineer Complex 0 14,800 Air NG Schenectady Municipal Airport C–130 Flight Simulator Facility 10,800 10,800 Ohio Air NG Camp Perry Red Horse Logistics Complex 7,800 7,800 South Carolina Air NG Mcentire Joint National Guard Base Hazardous Cargo Pad 0 9,000 Air NG Mcentire Joint National Guard Base F–16 Mission Training Center 9,800 9,800 South Dakota Air NG Joe Foss Field F–16 Mission Training Center 9,800 9,800 Texas Air NG Kelly Field Annex Aircraft Corrosion Control 0 9,500 Washington Air NG Camp Murray Air National Guard Station Air Support Operations Complex 0 27,000 Wisconsin Air NG Truax Field F–35 3–Bay Specialized Hangar 31,000 31,000 Air NG Truax Field Medical Readiness Facility 13,200 13,200 Air NG Volk Combat Readiness Training Center Replace Aircraft Maintenance Hangar/Shops (P&D) 0 2,280 Worldwide Unspecified Air NG Unspecified Worldwide Locations Unspecified Minor Construction 29,068 29,068 Air NG Various Worldwide Locations Planning and Design 18,402 34,402 Wyoming Air NG Cheyenne Municipal Airport Combined Vehicle Maintenance & ASE Complex 13,400 13,400 Military Construction, Air National Guard Total 197,770 382,250 California AF Res Beale Air Force Base 940 ARW SQ OPS &amu Complex 0 33,000 Florida AF Res Homestead Air Force Reserve Base Corrosion Control Facility 14,000 14,000 AF Res Patrick Air Force Base Simulator C–130J 18,500 18,500 Indiana AF Res Grissom Air Reserve Base Logistics Readiness Complex 0 29,000 Minnesota AF Res Minneapolis-St Paul International Airport Mission Support Group Facility 14,000 14,000 New York AF Res Niagara Falls Air Reserve Station Main Gate 10,600 10,600 Ohio AF Res Youngstown Air Reserve Base Assault Runway 0 8,700 Worldwide Unspecified AF Res Worldwide Various Locations KC–46 Mob 5 (P&D) 0 15,000 AF Res Unspecified Worldwide Locations Planning & Design 5,830 5,830 AF Res Unspecified Worldwide Locations Unspecified Minor Military Construction 15,444 15,444 Military Construction, Air Force Reserve Total 78,374 164,074 Italy FH Con Army Vicenza Family Housing New Construction 92,304 92,304 Kwajalein Atoll FH Con Army Kwajalein Atoll Family Housing Replacement Construction 0 10,000 Pennsylvania FH Con Army Tobyhanna Army Depot Ctc- Family Housing Replacement Construction 0 7,500 Puerto Rico FH Con Army Fort Buchanan Ctc- Family Housing Replacement Construction 0 14,000 Worldwide Unspecified FH Con Army Unspecified Worldwide Locations Family Housing P&D 7,545 37,545 Family Housing Construction, Army Total 99,849 161,349 Worldwide Unspecified FH Ops Army Unspecified Worldwide Locations Furnishings 18,077 18,077 FH Ops Army Unspecified Worldwide Locations Housing Privitization Support 38,404 38,404 FH Ops Army Unspecified Worldwide Locations Leasing 128,110 128,110 FH Ops Army Unspecified Worldwide Locations Maintenance 111,181 111,181 FH Ops Army Unspecified Worldwide Locations Management 42,850 42,850 FH Ops Army Unspecified Worldwide Locations Miscellaneous 556 556 FH Ops Army Unspecified Worldwide Locations Services 8,277 8,277 FH Ops Army Unspecified Worldwide Locations Utilities 43,772 43,772 Family Housing Operation And Maintenance, Army Total 391,227 391,227 Worldwide Unspecified FH Con Navy Unspecified Worldwide Locations Construction Improvements 71,884 71,884 FH Con Navy Unspecified Worldwide Locations Planning & Design 3,634 3,634 FH Con Navy Unspecified Worldwide Locations USMC DPRI/Guam Planning and Design 2,098 2,098 Family Housing Construction, Navy And Marine Corps Total 77,616 77,616 Worldwide Unspecified FH Ops Navy Unspecified Worldwide Locations Furnishings 16,537 16,537 FH Ops Navy Unspecified Worldwide Locations Housing Privatization Support 54,544 54,544 FH Ops Navy Unspecified Worldwide Locations Leasing 62,567 62,567 FH Ops Navy Unspecified Worldwide Locations Maintenance 95,417 95,417 FH Ops Navy Unspecified Worldwide Locations Management 54,083 54,083 FH Ops Navy Unspecified Worldwide Locations Miscellaneous 285 285 FH Ops Navy Unspecified Worldwide Locations Services 17,637 17,637 FH Ops Navy Unspecified Worldwide Locations Utilities 56,271 56,271 Family Housing Operation And Maintenance, Navy And Marine Corps Total 357,341 357,341 Georgia FH Con AF Robins Air Force Base Robins 2 MHPI Restructure 6,000 6,000 Nebraska FH Con AF Offutt Air Force Base Offutt MHPI Restructure 50,000 50,000 Worldwide Unspecified FH Con AF Unspecified Worldwide Locations Construction Improvements 49,258 49,258 FH Con AF Unspecified Worldwide Locations Planning & Design 10,458 10,458 Family Housing Construction, Air Force Total 115,716 115,716 Worldwide Unspecified FH Ops AF Unspecified Worldwide Locations Furnishings 26,842 26,842 FH Ops AF Unspecified Worldwide Locations Housing Privatization 23,275 23,275 FH Ops AF Unspecified Worldwide Locations Leasing 9,520 9,520 FH Ops AF Unspecified Worldwide Locations Maintenance 141,754 141,754 FH Ops AF Unspecified Worldwide Locations Management 70,062 70,062 FH Ops AF Unspecified Worldwide Locations Miscellaneous 2,200 2,200 FH Ops AF Unspecified Worldwide Locations Services 8,124 8,124 FH Ops AF Unspecified Worldwide Locations Utilities 43,668 43,668 Family Housing Operation And Maintenance, Air Force Total 325,445 325,445 Worldwide Unspecified FH Ops DW Unspecified Worldwide Locations DIA Furnishings 656 656 FH Ops DW Unspecified Worldwide Locations DIA Leasing 31,430 31,430 FH Ops DW Unspecified Worldwide Locations DIA Utilities 4,166 4,166 FH Ops DW Unspecified Worldwide Locations Maintenance 49 49 FH Ops DW Unspecified Worldwide Locations NSA Furnishings 83 83 FH Ops DW Unspecified Worldwide Locations NSA Leasing 13,387 13,387 FH Ops DW Unspecified Worldwide Locations NSA Utilities 14 14 Family Housing Operation And Maintenance, Defense-Wide Total 49,785 49,785 Worldwide Unspecified FHIF Unspecified Worldwide Locations Administrative Expenses—FHIF 6,081 6,081 Unaccompanied Housing Improvement Fund Total 6,081 6,081 Worldwide Unspecified UHIF Unspecified Worldwide Locations Administrative Expenses—UHIF 494 494 Unaccompanied Housing Improvement Fund Total 494 494 Worldwide Unspecified BRAC Base Realignment & Closure, Army Base Realignment and Closure 65,301 115,301 Base Realignment and Closure—Army Total 65,301 115,301 Worldwide Unspecified BRAC Unspecified Worldwide Locations Base Realignment & Closure 111,155 161,155 Base Realignment and Closure—Navy Total 111,155 161,155 Worldwide Unspecified BRAC Unspecified Worldwide Locations DOD BRAC Activities—Air Force 104,216 104,216 Base Realignment and Closure—Air Force Total 104,216 104,216 Worldwide Unspecified BRAC Unspecified Worldwide Locations Base Realignment and Closure 0 0 BRAC Unspecified Worldwide Locations Int–4: DLA Activities 3,967 3,967 Base Realignment and Closure—Defense-wide Total 3,967 3,967 <bold></bold> <bold></bold> Total, Military Construction 9,847,031 13,347,031", "id": "H44FC5CE59BE04A33A3DAAD0C840A16FD", "header": "Military construction" }, { "text": "4701. Department of Energy national security programs \nSEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) Program FY 2022 Request Conference Authorized Discretionary Summary by Appropriation Energy and Water Development and Related Agencies Appropriation Summary: Energy Programs Nuclear energy 149,800 149,800 Atomic Energy Defense Activities National Nuclear Security Administration: Weapons activities 15,484,295 15,981,328 Defense nuclear nonproliferation 1,934,000 1,957,000 Naval reactors 1,860,705 1,860,705 Federal Salaries and Expenses 464,000 464,000 Total, National Nuclear Security Administration 19,743,000 20,263,033 Defense environmental cleanup 6,841,670 6,480,759 Defense Uranium Enrichment D&D 0 0 Other defense activities 1,170,000 920,000 Total, Atomic Energy Defense Activities 27,754,670 27,663,792 Total, Discretionary Funding 27,904,470 27,813,592 Nuclear Energy Safeguards and security 149,800 149,800 Total, Nuclear Energy 149,800 149,800 National Nuclear Security Administration Federal Salaries and Expenses Program direction 464,000 464,000 Weapons Activities Stockpile management Stockpile major modernization B61 Life extension program 771,664 771,664 W76–2 Modification program 0 0 W88 Alteration program 207,157 207,157 W80–4 Life extension program 1,080,400 1,080,400 W80–4 ALT SLCM 10,000 10,000 W87–1 Modification Program (formerly IW1) 691,031 691,031 W93 72,000 72,000 Subtotal, Stockpile major modernization 2,832,252 2,832,252 Stockpile sustainment 1,180,483 1,180,483 Weapons dismantlement and disposition 51,000 51,000 Production operations 568,941 568,941 Total, Stockpile management 4,632,676 4,632,676 Production modernization Primary Capability Modernization Plutonium Modernization Los Alamos plutonium modernization Los Alamos Plutonium Operations 660,419 660,419 21–D–512, Plutonium Pit Production Project, LANL 350,000 350,000 Subtotal, Los Alamos plutonium modernization 1,010,419 1,010,419 Savannah River plutonium modernization Savannah River plutonium operations 128,000 128,000 21–D–511, Savannah River Plutonium Processing Facility, SRS 475,000 475,000 Subtotal, Savannah River plutonium modernization 603,000 603,000 Enterprise Plutonium Support 107,098 107,098 Total, Plutonium Modernization 1,720,517 1,720,517 High Explosives & Energetics 68,785 68,785 Total, Primary Capability Modernization 1,789,302 1,789,302 Secondary Capability Modernization 488,097 488,097 Tritium and Domestic Uranium Enrichment 489,017 489,017 Non-Nuclear Capability Modernization 144,563 144,563 Total, Production modernization 2,910,979 2,910,979 Stockpile research, technology, and engineering Assessment science 689,578 769,394 Engineering and integrated assessments 336,766 292,085 Inertial confinement fusion 529,000 580,000 Advanced simulation and computing 747,012 747,012 Weapon technology and manufacturing maturation 292,630 292,630 Academic programs 95,645 101,945 Total, Stockpile research, technology, and engineering 2,690,631 2,783,066 Infrastructure and operations Operating Operations of facilities 1,014,000 1,014,000 Safety and Environmental Operations 165,354 165,354 Maintenance and Repair of Facilities 670,000 1,020,000 Recapitalization Infrastructure and Safety 508,664 508,664 Capabilities Based Investments 143,066 143,066 Planning for Programmatic Construction (Pre-CD–1) 0 0 Subtotal, Recapitalization 651,730 651,730 Total, Operating 2,501,084 2,851,084 Construction Programmatic 22–D–513 Power Sources Capability, SNL 13,827 13,827 21–D–510, HE Synthesis, Formulation, and Production Facility, PX 44,500 36,200 18–D–690, Lithium Processing Facility, Y–12 167,902 167,902 18–D–650, Tritium Finishing Facility, SRS 27,000 27,000 18–D–620, Exascale Computing Facility Modernization Project, LLNL 0 0 17–D–640, U1a Complex Enhancements Project, NNSS 135,000 135,000 15–D–302, TA–55 Reinvestment Project—Phase 3, LANL 27,000 27,000 15–D–301, HE Science & Engineering Facility, PX 0 0 07–D–220-04, Transuranic Liquid Waste Facility, LANL 0 0 06–D–141, Uranium Processing Facility, Y–12 524,000 600,000 04–D–125, Chemistry and Metallurgy Research Replacement Project, LANL 138,123 138,123 Total, Programmatic 1,077,352 1,145,052 Mission enabling 22–D–514 Digital Infrastructure Capability Expansion 8,000 8,000 Total, Mission enabling 8,000 8,000 Total, Construction 1,085,352 1,153,052 Total, Infrastructure and operations 3,586,436 4,004,136 Secure transportation asset Operations and equipment 213,704 213,704 Program direction 117,060 117,060 Total, Secure transportation asset 330,764 330,764 Defense nuclear security Operations and maintenance 824,623 811,521 Security improvements program 0 0 Construction: 17–D–710, West end protected area reduction project, Y–12 23,000 23,000 Subtotal, construction 23,000 23,000 Total, Defense nuclear security 847,623 834,521 Information technology and cybersecurity 406,530 406,530 Legacy contractor pensions 78,656 78,656 Total, Weapons Activities 15,484,295 15,981,328 Adjustments Use of prior year balances 0 0 Total, Adjustments 0 0 Total, Weapons Activities 15,484,295 15,981,328 Defense Nuclear Nonproliferation Defense Nuclear Nonproliferation Programs Material management and minimization Conversion (formerly HEU Reactor Conversion) 100,660 100,660 Nuclear material removal 42,100 42,100 Material disposition 200,186 200,186 Laboratory and partnership support 0 0 Total, Material management & minimization 342,946 342,946 Global material security International nuclear security 79,939 79,939 Domestic radiological security 158,002 158,002 International radiological security 85,000 85,000 Nuclear smuggling detection and deterrence 175,000 185,000 Total, Global material security 497,941 507,941 Nonproliferation and arms control 184,795 184,795 National Technical Nuclear Forensics R&D 45,000 45,000 Defense nuclear nonproliferation R&D Proliferation detection 269,407 269,407 Nonproliferation stewardship program 87,329 100,329 Nuclear detonation detection 271,000 271,000 Nonproliferation fuels development 0 0 Total, Defense Nuclear Nonproliferation R&D 627,736 640,736 Nonproliferation construction U. S. Construction: 18–D–150 Surplus Plutonium Disposition Project 156,000 156,000 99–D–143, Mixed Oxide (MOX) Fuel Fabrication Facility, SRS 0 0 Total, U. S. Construction: 156,000 156,000 Total, Nonproliferation construction 156,000 156,000 Total, Defense Nuclear Nonproliferation Programs 1,854,418 1,877,418 Legacy contractor pensions 38,800 38,800 Nuclear counterterrorism and incident response program Emergency Operations 14,597 14,597 Counterterrorism and Counterproliferation 356,185 356,185 Total, Nuclear counterterrorism and incident response program 370,782 370,782 Subtotal, Defense Nuclear Nonproliferation 2,264,000 2,287,000 Adjustments Use of prior year balances 0 0 Use of prior year MOX funding –330,000 –330,000 Total, Adjustments –330,000 –330,000 Total, Defense Nuclear Nonproliferation 1,934,000 1,957,000 Naval Reactors Naval reactors development 640,684 640,684 Columbia-Class reactor systems development 55,000 55,000 S8G Prototype refueling 126,000 126,000 Naval reactors operations and infrastructure 594,017 594,017 Program direction 55,579 55,579 Construction: 22–D–532 Security Upgrades KL 5,100 5,100 22–D–531 KL Chemistry & Radiological Health Building 41,620 41,620 21–D–530 KL Steam and Condensate Upgrades 0 0 14–D–901, Spent Fuel Handling Recapitalization Project, NRF 348,705 348,705 Total, Construction 395,425 395,425 Use of Prior Year unobligated balances –6,000 –6,000 Total, Naval Reactors 1,860,705 1,860,705 TOTAL, National Nuclear Security Administration 19,743,000 20,263,033 Defense Environmental Cleanup Closure sites administration 3,987 3,987 Richland: River corridor and other cleanup operations 196,000 211,000 Central plateau remediation 689,776 689,776 Richland community and regulatory support 5,121 5,121 18–D–404 Modification of Waste Encapsulation and Storage Facility 8,000 8,000 22–D–401 L–888, 400 Area Fire Station 15,200 15,200 22–D–402 L–897, 200 Area Water Treatment Facility 12,800 12,800 Total, Richland 926,897 941,897 Office of River Protection: Waste Treatment Immobilization Plant Commissioning 50,000 50,000 Rad liquid tank waste stabilization and disposition 817,642 837,642 Construction: 18–D–16 Waste treatment and immobilization plant—LBL/Direct feed LAW 586,000 586,000 01–D–16 D, High-level waste facility 60,000 60,000 01–D–16 E, Pretreatment Facility 20,000 20,000 Total, Construction 666,000 666,000 ORP Low-level waste offsite disposal 7,000 7,000 Total, Office of River Protection 1,540,642 1,560,642 Idaho National Laboratory: Idaho cleanup and waste disposition 358,925 358,925 Idaho community and regulatory support 2,658 2,658 Construction: 22–D–403 Idaho Spent Nuclear Fuel Staging Facility 3,000 3,000 22–D–404 Addl ICDF Landfill Disposal Cell and Evaporation Ponds Project 5,000 5,000 Total, Construction 8,000 8,000 Total, Idaho National Laboratory 369,583 369,583 NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory 1,806 1,806 LLNL Excess facilities D&D 35,000 35,000 Separations Processing Research Unit 15,000 15,000 Nevada Test Site 60,737 60,737 Sandia National Laboratory 4,576 4,576 Los Alamos National Laboratory 275,119 275,119 Los Alamos Excess facilities D&D 58,381 58,381 Total, NNSA sites and Nevada off-sites 450,619 450,619 Oak Ridge Reservation: OR Nuclear facility D&D 274,923 287,316 U233 Disposition Program 55,000 55,000 OR cleanup and waste disposition 73,725 73,725 Construction: 17–D–401 On-site waste disposal facility 12,500 12,500 14–D–403 Outfall 200 Mercury Treatment Facility 0 0 Subtotal, Construction: 12,500 12,500 OR community & regulatory support 5,096 5,096 OR technology development and deployment 3,000 3,000 Total, Oak Ridge Reservation 424,244 436,637 Savannah River Site: Savannah River risk management operations 452,724 454,090 SR legacy pensions 130,882 130,882 SR community and regulatory support 5,805 11,805 Construction: 20-D–402 Advanced Manufacturing Collaborative Facility (AMC) 0 0 20-D–401 Saltstone Disposal Unit #10, 11, 12 19,500 19,500 19–D–701 SR Security systems replacement 5,000 5,000 18–D–402 Saltstone disposal unit #8/9 68,000 68,000 17–D–402 Saltstone Disposal Unit #7 0 0 05–D–405 Salt waste processing facility, SRS 0 0 8–D–402 Emergency Operations Center Replacement, SR 8,999 8,999 Radioactive liquid tank waste stabilization 890,865 890,865 Total, Savannah River Site 1,581,775 1,589,141 Waste Isolation Pilot Plant Waste Isolation Pilot Plant 350,424 350,424 Construction: 15–D–411 Safety significant confinement ventilation system, WIPP 55,000 55,000 15–D–412 Exhaust shaft, WIPP 25,000 25,000 21–D–401 Hoisting Capability Project 0 0 Total, Construction 80,000 80,000 Total, Waste Isolation Pilot Plant 430,424 430,424 Program direction—Defense Environmental Cleanup 293,106 293,106 Program support—Defense Environmental Cleanup 62,979 62,979 Safeguards and Security—Defense Environmental Cleanup 316,744 316,744 Technology development and deployment 25,000 25,000 Federal contribution to the Uranium Enrichment D&D Fund 415,670 0 Use of prior year balances 0 0 Subtotal, Defense environmental cleanup 6,841,670 6,480,759 TOTAL, Defense Environmental Cleanup 6,841,670 6,480,759 Defense Uranium Enrichment D&D 0 0 Other Defense Activities Environment, health, safety and security Environment, health, safety and security mission support 130,809 130,809 Program direction 75,511 75,511 Total, Environment, health, safety and security 206,320 206,320 Independent enterprise assessments Enterprise assessments 27,335 27,335 Program direction—Office of Enterprise Assessments 56,049 56,049 Total, Office of Enterprise Assessments 83,384 83,384 Specialized security activities 283,500 283,500 Office of Legacy Management Legacy management activities—defense 408,797 158,797 Program direction 19,933 19,933 Total, Office of Legacy Management 428,730 178,730 Defense related administrative support 163,710 163,710 Office of hearings and appeals 4,356 4,356 Subtotal, Other defense activities 1,170,000 920,000 Use of prior year balances 0 0 Total, Other Defense Activities 1,170,000 920,000", "id": "HB6628F08262246B88D5791446EA93F4E", "header": "Department of Energy national security programs" }, { "text": "5001. Short title \nThis division may be cited as the Department of State Authorization Act of 2021.", "id": "H67DF8DF2F9D84529A27F45BE4FE60226", "header": "Short title" }, { "text": "5002. Definitions \nIn this division: (1) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Department \nIf not otherwise specified, the term Department means the Department of State. (3) Secretary \nIf not otherwise specified, the term Secretary means the Secretary of State.", "id": "HD49CE56E8B0145C7A2F06A7DA6226010", "header": "Definitions" }, { "text": "5101. Sense of Congress on importance of Department of State’s work \nIt is the sense of Congress that— (1) United States global engagement is key to a stable and prosperous world; (2) United States leadership is indispensable in light of the many complex and interconnected threats facing the United States and the world; (3) diplomacy and development are critical tools of national power, and full deployment of these tools is vital to United States national security; (4) challenges such as the global refugee and migration crises, terrorism, historic famine and food insecurity, and fragile or repressive societies cannot be addressed without sustained and robust United States diplomatic and development leadership; (5) the United States Government must use all of the instruments of national security and foreign policy at its disposal to protect United States citizens, promote United States interests and values, and support global stability and prosperity; (6) United States security and prosperity depend on having partners and allies that share our interests and values, and these partnerships are nurtured and our shared interests and values are promoted through United States diplomatic engagement, security cooperation, economic statecraft, and assistance that helps further economic development, good governance, including the rule of law and democratic institutions, and the development of shared responses to natural and humanitarian disasters; (7) as the United States Government agencies primarily charged with conducting diplomacy and development, the Department and the United States Agency for International Development (USAID) require sustained and robust funding to carry out this important work, which is essential to our ability to project United States leadership and values and to advance United States interests around the world; (8) the work of the Department and USAID makes the United States and the world safer and more prosperous by alleviating global poverty and hunger, fighting HIV/AIDS and other infectious diseases, strengthening alliances, expanding educational opportunities for women and girls, promoting good governance and democracy, supporting anti-corruption efforts, driving economic development and trade, preventing armed conflicts and humanitarian crises, and creating American jobs and export opportunities; (9) the Department and USAID are vital national security agencies, whose work is critical to the projection of United States power and leadership worldwide, and without which Americans would be less safe, United States economic power would be diminished, and global stability and prosperity would suffer; (10) investing in diplomacy and development before conflicts break out saves American lives while also being cost-effective; and (11) the contributions of personnel working at the Department and USAID are extraordinarily valuable and allow the United States to maintain its leadership around the world.", "id": "H46B03FD0DC05452BA34D0C5006073D31", "header": "Sense of Congress on importance of Department of State’s work" }, { "text": "5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs \n(a) In general \nSection 1(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c) ) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following new paragraph: (3) Assistant Secretary for International Narcotics and Law Enforcement Affairs \n(A) In general \nThere is authorized to be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs, who shall be responsible to the Secretary of State for all matters, programs, and related activities pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy by the Department, including, as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, and such other related duties as the Secretary may from time to time designate. (B) Areas of responsibility \nThe Assistant Secretary for International Narcotics and Law Enforcement Affairs shall maintain continuous observation and coordination of all matters pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy, including programs carried out by other United States Government agencies when such programs pertain to the following matters: (i) Combating international narcotics production and trafficking. (ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, prison systems, and the sharing of recovered assets. (iii) Training and equipping foreign police, border control, other government officials, and other civilian law enforcement authorities for anti-crime purposes, including ensuring that no foreign security unit or member of such unit shall receive such assistance from the United States Government absent appropriate vetting. (iv) Ensuring the inclusion of human rights and women’s participation issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, and other senior officials in regional and thematic bureaus and offices. (v) Combating, in conjunction with other relevant bureaus of the Department of State and other United States Government agencies, all forms of transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime. (vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes and engaging with multilateral organizations responsible for monitoring and supporting foreign governments’ anti-corruption efforts. (C) Additional duties \nIn addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall also— (i) carry out timely and substantive consultation with chiefs of mission and, as appropriate, the heads of other United States Government agencies to ensure effective coordination of all international narcotics and law enforcement programs carried out overseas by the Department and such other agencies; (ii) coordinate with the Office of National Drug Control Policy to ensure lessons learned from other United States Government agencies are available to the Bureau of International Narcotics and Law Enforcement Affairs of the Department; (iii) develop standard requirements for monitoring and evaluation of Bureau programs, including metrics for success that do not rely solely on the amounts of illegal drugs that are produced or seized; (iv) in coordination with the Secretary of State, annually certify in writing to the Committee on Foreign Relations of the Senate that United States and the Committee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics and Law Enforcement Affairs are complying with section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ); and (v) carry out such other relevant duties as the Secretary may assign. (D) Rule of construction \nNothing in this paragraph may be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.. (b) Modification of annual international narcotics control strategy report \nSubsection (a) of section 489 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h ) is amended by inserting after paragraph (9) the following new paragraph: (10) A separate section that contains an identification of all United States Government-supported units funded by the Bureau of International Narcotics and Law Enforcement Affairs and any Bureau-funded operations by such units in which United States law enforcement personnel have been physically present..", "id": "H84285C3EC1814084A3BAD9BBCDD11425", "header": "Assistant Secretary for International Narcotics and Law Enforcement Affairs" }, { "text": "5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) by redesignating subsection (g) as subsection (j); and (2) by inserting after subsection (f) the following new subsections: (g) Bureau of Consular Affairs \nThere is in the Department of State the Bureau of Consular Affairs, which shall be headed by the Assistant Secretary of State for Consular Affairs. (h) Bureau of Population, Refugees, and Migration \nThere is in the Department of State the Bureau of Population, Refugees, and Migration, which shall be headed by the Assistant Secretary of State for Population, Refugees, and Migration..", "id": "H91F1BFE3116F42DF95BE9910FF9752A6", "header": "Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration" }, { "text": "5104. Office of International Disability Rights \n(a) Establishment \nThere should be established in the Department of State an Office of International Disability Rights (referred to in this section as the Office ). (b) Duties \nThe Office should— (1) seek to ensure that all United States foreign operations are accessible to, and inclusive of, persons with disabilities; (2) promote the human rights and full participation in international development activities of all persons with disabilities; (3) promote disability inclusive practices and the training of Department of State staff on soliciting quality programs that are fully inclusive of people with disabilities; (4) represent the United States in diplomatic and multilateral fora on matters relevant to the rights of persons with disabilities, and work to raise the profile of disability across a broader range of organizations contributing to international development efforts; (5) conduct regular consultation with civil society organizations working to advance international disability rights and empower persons with disabilities internationally; (6) consult with other relevant offices at the Department that are responsible for drafting annual reports documenting progress on human rights, including, wherever applicable, references to instances of discrimination, prejudice, or abuses of persons with disabilities; (7) advise the Bureau of Human Resources or its equivalent within the Department regarding the hiring and recruitment and overseas practices of civil service employees and Foreign Service officers with disabilities and their family members with chronic medical conditions or disabilities; and (8) carry out such other relevant duties as the Secretary of State may assign. (c) Supervision \nThe Office may be headed by— (1) a senior advisor to the appropriate Assistant Secretary of State; or (2) an officer exercising significant authority who reports to the President or Secretary of State, appointed by and with the advice and consent of the Senate. (d) Consultation \nThe Secretary of State should direct Ambassadors at Large, Representatives, Special Envoys, and coordinators working on human rights to consult with the Office to promote the human rights and full participation in international development activities of all persons with disabilities.", "id": "HAEF21A5E22144C99944C6FA7639152AB", "header": "Office of International Disability Rights" }, { "text": "5105. Special appointment authority \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), as amended by section 6103 of this Act, is further amended by inserting after subsection (h) the following new subsection: (i) Special appointments \n(1) Positions exercising significant authority \nThe President may, by and with the advice and consent of the Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States. Except as provided in paragraph (3) or in clause 3, section 2, article II of the Constitution (relating to recess appointments), an individual may not be designated as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate. (2) Positions not exercising significant authority \nThe President or Secretary of State may appoint any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State not exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate, if the President or Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following: (A) A certification that the position does not require the exercise of significant authority pursuant to the laws of the United States. (B) A description of the duties and purpose of the position. (C) The rationale for giving the specific title and function to the position. (3) Limited exception for temporary appointments exercising significant authority \nThe President may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary of State, not later than 15 days after the appointment of a person to such a position, or 30 days after the date of the enactment of this subsection, whichever is earlier, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification that includes the following: (A) The necessity for conferring such title and function. (B) The dates during which such title and function will be held. (C) The justification for not submitting the proposed conferral of such title and function to the Senate as a nomination for advice and consent to appointment. (D) All relevant information concerning any potential conflict of interest which the proposed recipient of such title and function may have with regard to the appointment. (4) Renewal of temporary appointment \nThe President may renew for one period not to exceed 180 days any position maintained or established under paragraph (3) if the President, not later than 15 days before issuing such renewal, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a detailed justification on the necessity of such extension, including the dates with respect to which such title will continue to be held and the justification for not submitting such title to the Senate as a nomination for advice and consent. (5) Exemption \nParagraphs (1) through (4) shall not apply to a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person performing a similar function, regardless of title, at the Department of State if the position is expressly mandated by statute. (6) Effective date \nThis subsection shall apply to appointments made on or after January 3, 2023..", "id": "H2F3E5C54A3674D7794CB9DB30312CF51", "header": "Special appointment authority" }, { "text": "5106. Repeal of authority for Special Representative and Policy Coordinator for Burma \nSection 7 of the Tom Lantos Block Burmese Jade (Junta’s Anti-Democratic Efforts) Act of 2008 ( Public Law 110–286 ; 50 U.S.C. 1701 note) relating to the establishment of a Special Representative and Policy Coordinator for Burma) is hereby repealed.", "id": "HCF677A96A5674C9CBDE9888A7D3571D0", "header": "Repeal of authority for Special Representative and Policy Coordinator for Burma" }, { "text": "5107. Anti-piracy information sharing \nThe Secretary is authorized to provide for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP).", "id": "HB3BA09C839204BD3B7D95E402CCE5022", "header": "Anti-piracy information sharing" }, { "text": "5108. Importance of foreign affairs training to national security \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign and Civil Service, require the best possible training at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department’s investment of time and resources with respect to the training and education of its personnel is considerably below the level of other Federal departments and agencies in the national security field, and falls well below the investments many allied and adversarial countries make in the development of their diplomats; (3) the Department faces increasingly complex and rapidly evolving challenges, many of which are science and technology-driven, and which demand the continual, high-quality training and education of its personnel; (4) the Department must move beyond reliance on on-the-job training and other informal mentorship practices, which lead to an inequality in skillset development and career advancement opportunities, often particularly for minority personnel, and towards a robust professional tradecraft training continuum that will provide for greater equality in career advancement and increase minority participation in the senior ranks; (5) the Department’s Foreign Service Institute and other training facilities should seek to substantially increase their educational and training offerings to Department personnel, including developing new and innovative educational and training courses, methods, programs, and opportunities; and (6) consistent with existing Department gift acceptance authority and other applicable laws, the Department and Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Training float \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to the appropriate congressional committees a strategy to establish a training float to allow for up to 15 percent of the Civil and Foreign Service to participate in long-term training at any given time. The strategy should identify steps necessary to ensure the implementation of the training priorities identified in subsection (c), sufficient training capacity and opportunities are available to Civil and Foreign Service officers, the equitable distribution of long-term training opportunities to Civil and Foreign Service officers, and the provision of any additional resources or authorities necessary to facilitate such a training float, including programs at the George P. Schultz National Foreign Affairs Training Center, the Foreign Service Institute, the Foreign Affairs Security Training Center, and other facilities or programs operated by the Department of State. The strategy shall identify which types of training would be prioritized, the extent (if any) to which such training is already being provided to Civil and Foreign Service officers by the Department of State, any factors incentivizing or disincentivizing such training, and why such training cannot be achieved without Civil and Foreign Service officers leaving the workforce. In addition to training opportunities provided by the Department, the strategy shall consider training that could be provided by the other United States Government training institutions, as well as nongovernmental educational institutions. The strategy shall consider approaches to overcome disincentives to pursuing long-term training. (c) Prioritization \nIn order to provide the Civil and Foreign Service with the level of education and training needed to effectively advance United States interests across the globe, the Department of State should— (1) increase its offerings— (A) of virtual instruction to make training more accessible to personnel deployed throughout the world; or (B) at partner organizations to provide useful outside perspectives to Department personnel; (2) offer courses utilizing computer-based or assisted simulations, allowing civilian officers to lead decisionmaking in a crisis environment; and (3) consider increasing the duration and expanding the focus of certain training courses, including— (A) the A-100 orientation course for Foreign Service officers, and (B) the chief of mission course to more accurately reflect the significant responsibilities accompanying such role. (d) Other agency responsibilities \nOther national security agencies should increase the enrollment of their personnel in courses at the Foreign Service Institute and other Department of State training facilities to promote a whole-of-government approach to mitigating national security challenges.", "id": "H3B430E7AAB4E46ACBBB4F492995499E8", "header": "Importance of foreign affairs training to national security" }, { "text": "5109. Classification and assignment of Foreign Service officers \nThe Foreign Service Act of 1980 is amended— (1) in section 501 ( 22 U.S.C. 3981 ), by inserting If a position designated under this section is unfilled for more than 365 calendar days, such position may be filled, as appropriate, on a temporary basis, in accordance with section 309. after Positions designated under this section are excepted from the competitive service. ; and (2) in paragraph (2) of section 502(a) ( 22 U.S.C. 3982(a) ), by inserting , or domestically, in a position working on issues relating to a particular country or geographic area, after geographic area.", "id": "H7FD4891C07B040F2BB5E604583E1675A", "header": "Classification and assignment of Foreign Service officers" }, { "text": "5110. Reporting on implementation of GAO recommendations \n(a) Initial report \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that lists all of the Government Accountability Office’s recommendations relating to the Department that have not been fully implemented. (b) Implementation report \n(1) In general \nNot later than 120 days after the date of the submission of the Comptroller General’s report under subsection (b), the Secretary shall submit to the appropriate congressional committees a report that describes the implementation status of each recommendation from the Government Accountability Office included in the report submitted under subsection (a). (2) Justification \nThe report under paragraph (1) shall include— (A) a detailed justification for each decision not to fully implement a recommendation or to implement a recommendation in a different manner than specified by the Government Accountability Office; (B) a timeline for the full implementation of any recommendation the Secretary has decided to adopt, but has not yet fully implemented; and (C) an explanation for any discrepancies included in the Comptroller General report submitted under subsection (b). (c) Form \nThe information required in each report under this section shall be submitted in unclassified form, to the maximum extent practicable, but may be included in a classified annex to the extent necessary.", "id": "HA2D5FB65E4D248F5930502B329FBF656", "header": "Reporting on implementation of GAO recommendations" }, { "text": "5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments \n(a) In general \nSubsection (e) of section 7 of the Fishermen’s Protective Act of 1967 ( 22 U.S.C. 1977 ) is amended to read as follows: (e) Amounts \nPayments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts.. (b) Retroactive applicability \n(1) Effective date \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply as if the date specified in subsection (e) of section 7 of the Fishermen’s Protective Act of 1967, as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment. (2) Agreements and payments \nThe Secretary is authorized to— (A) enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 for any claims to which such section would otherwise apply but for the date specified in subsection (e) of such section, as in effect on the day before the date of the enactment of this Act; and (B) make payments in accordance with agreements entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act.", "id": "H8459EC237A6943C1AE96E75B3183917C", "header": "Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments" }, { "text": "5112. Art in embassies \n(a) In general \nNo funds are authorized to be appropriated for the purchase of any piece of art for the purposes of installation or display in any embassy, consulate, or other foreign mission of the United States if the purchase price of such piece of art is in excess of $37,500, unless such purchase is subject to prior consultation with, and the regular notification procedures of, the appropriate congressional committees. (b) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a report on the costs of the Art in Embassies Program for each of fiscal years 2016 through 2020. (c) Sunset \nThis section shall terminate on the date that is 2 years after the date of the enactment of this Act. (d) Definition \nIn this section, the term art includes paintings, sculptures, photographs, industrial design, and craft art.", "id": "H481169947D894AEC9BD1112DDD50B8A9", "header": "Art in embassies" }, { "text": "5113. International fairs and expositions \nThere is authorized to be appropriated $20,000,000 for the Department of State for United States participation in international fairs and expositions abroad, including for construction and the operation of United States pavilions or other major exhibits.", "id": "H66391FFE302E47F5A82843734805E98C", "header": "International fairs and expositions" }, { "text": "5114. Amendment or repeal of reporting requirements \n(a) Burma \n(1) In general \nSection 570 of Public Law 104–208 is amended— (A) by amending subsection (c) to read as follows: (c) Multilateral strategy \nThe President shall develop, in coordination with likeminded countries, a comprehensive, multilateral strategy to— (1) support democratic governance and inclusive and representative civilian government, including by supporting entities promoting democracy in Burma and denying legitimacy and resources to the military junta; (2) support organizations that represent the democratic aspirations of the people of Burma in the struggle against the military junta; (3) impose costs on the military junta; (4) secure the unconditional release of all political prisoners in Burma; (5) promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; (6) provide humanitarian assistance to internally displaced persons in Burma, particularly in areas targeted by the military junta, and in neighboring countries for refugees from Burma; (7) pursue accountability for atrocities, human rights violations, and crimes against humanity committed by the military junta or the Tatmadaw; and (8) counter corrosive malign influence of the People’s Republic of China and the Russian Federation in Burma. ; and (B) in subsection (d)— (i) in the matter preceding paragraph (1), by striking six months and inserting year ; and (ii) by striking paragraphs (1) through (3) and inserting the following new paragraphs: (1) progress towards inclusive, democratic governance in Burma; (2) improvements in human rights practices and accountability for atrocities, human rights violations, and crimes against humanity committed by the Tatmadaw, or military junta of Burma; (3) progress toward broad-based and inclusive economic growth; (4) progress toward genuine national reconciliation; (5) steps taken to impose costs on the military junta; (6) progress made in advancing the strategy referred to in subsection (c); and (7) actions by the People’s Republic of China or the Russian Federation that undermine the sovereignty, stability, or unity of Burma.. (2) Effective date \nThe amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 that is required after the date of the enactment of this Act. (b) Repeals \nThe following provisions of law are hereby repealed: (1) Subsection (b) of section 804 of Public Law 101–246. (2) Section 6 of Public Law 104–45. (3) Subsection (c) of section 702 of Public Law 96–465 ( 22 U.S.C. 4022 ). (4) Section 404 of the Arms Control and Disarmament Act ( 22 U.S.C. 2593b ). (5) Section 5 of Public Law 94–304 ( 22 U.S.C. 3005 ). (6) Subsection (b) of section 502 of the International Security and Development Cooperation Act of 1985 ( 22 U.S.C. 2349aa–7 ). (c) Report to Congress \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a report that includes each of the following: (1) A list of all reports described in subsection (d) required to be submitted by their respective agency. (2) For each such report, a citation to the provision of law under which the report is required to be submitted. (3) The reporting frequency of each such report. (4) The estimated cost of each report, to include personnel time costs. (d) Covered reports \nA report described in this subsection is a recurring report that is required to be submitted to Congress by the Department of State or the United States Agency for International Development, or by any officer, official, component, or element of each entity. (e) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and the Committees on Appropriations of the Senate and the House of Representatives.", "id": "H14EFA15F3ACA4BB2BC436010F0566A7D", "header": "Amendment or repeal of reporting requirements" }, { "text": "5201. Embassy security, construction, and maintenance \nFor Embassy Security, Construction, and Maintenance , there is authorized to be appropriated $1,983,149,000 for fiscal year 2022.", "id": "H1DF30CCA3BA840A391EA4CEB67CA161D", "header": "Embassy security, construction, and maintenance" }, { "text": "5202. Standard design in capital construction \n(a) Sense of Congress \nIt is the sense of Congress that the Department’s Bureau of Overseas Building Operations (OBO) or successor office should give appropriate consideration to standardization in construction, in which each new United States embassy and consulate starts with a standard design and keeps customization to a minimum. (b) Consultation \nThe Secretary shall carry out any new United States embassy compound or new consulate compound project that utilizes a non-standard design, including those projects that are in the design or pre-design phase as of the date of the enactment of this Act, only in consultation with the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives. The Secretary shall provide the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives, for each such project, the following documentation: (1) A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of such project if it were to use a standard design. (2) A comparison of the estimated completion date of such project to the estimated completion date of such project if it were to use a standard design. (3) A comparison of the security of the completed project to the security of such completed project if it were to use a standard design. (4) A justification for the Secretary’s selection of a non-standard design over a standard design for such project. (5) A written explanation if any of the documentation necessary to support the comparisons and justification, as the case may be, described in paragraphs (1) through (4) cannot be provided. (c) Sunset \nThe consultation requirement under subsection (b) shall expire on the date that is 4 years after the date of the enactment of this Act.", "id": "HB7BBF2FB4FE54A328C84742DBB8B0297", "header": "Standard design in capital construction" }, { "text": "5203. Capital construction transparency \n(a) In general \nSection 118 of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 304 ) is amended— (1) in the section heading , by striking Annual report on embassy construction costs and inserting Biannual report on overseas capital construction projects ; and (2) by striking subsections (a) and (b) and inserting the following new subsections: (a) In general \nNot later than 180 days after the date of the enactment of this subsection and every 180 days thereafter until the date that is 4 years after such date of enactment, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive report regarding all ongoing overseas capital construction projects and major embassy security upgrade projects. (b) Contents \nEach report required under subsection (a) shall include the following with respect to each ongoing overseas capital construction project and major embassy security upgrade project: (1) The initial cost estimate as specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations for Acts making appropriations for the Department of State, foreign operations, and related programs. (2) The current cost estimate. (3) The value of each request for equitable adjustment received by the Department to date. (4) The value of each certified claim received by the Department to date. (5) The value of any usage of the project’s contingency fund to date and the value of the remainder of the project’s contingency fund. (6) An enumerated list of each request for adjustment and certified claim that remains outstanding or unresolved. (7) An enumerated list of each request for equitable adjustment and certified claim that has been fully adjudicated or that the Department has settled, and the final dollar amount of each adjudication or settlement. (8) The date of estimated completion specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations not later than 45 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs. (9) The current date of estimated completion.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 ; 130 Stat. 1905) is amended by amending the item relating to section 118 to read as follows: Sec. 118. Biannual report on overseas capital construction projects..", "id": "H7FD4FCCF391F495AA04FC079C9D4F99E", "header": "Capital construction transparency" }, { "text": "5204. Contractor performance information \n(a) Deadline for completion \nThe Secretary shall complete all contractor performance evaluations outstanding as of the date of the enactment of this Act required by subpart 42.15 of the Federal Acquisition Regulation for those contractors engaged in construction of new embassy or new consulate compounds by April 1, 2022. (b) Prioritization system \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall develop a prioritization system for clearing the current backlog of required evaluations referred to in subsection (a). (2) Elements \nThe system required under paragraph (1) should prioritize the evaluations as follows: (A) Project completion evaluations should be prioritized over annual evaluations. (B) Evaluations for relatively large contracts should have priority. (C) Evaluations that would be particularly informative for the awarding of government contracts should have priority. (c) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the Department’s plan for completing all evaluations by April 1, 2022, in accordance with subsection (a) and the prioritization system developed pursuant to subsection (b). (d) Sense of Congress \nIt is the sense of Congress that— (1) contractors deciding whether to bid on Department contracts would benefit from greater understanding of the Department as a client; and (2) the Department should develop a forum where contractors can comment on the Department’s project management performance.", "id": "HD4E03E8E43FD4EB88B9960F56EF9FAC5", "header": "Contractor performance information" }, { "text": "5205. Growth projections for new embassies and consulates \n(a) In general \nFor each new United States embassy compound (NEC) and new consulate compound project (NCC) in or not yet in the design phase as of the date of the enactment of this Act, the Department shall project growth over the estimated life of the facility using all available and relevant data, including the following: (1) Relevant historical trends for Department personnel and personnel from other agencies represented at the NEC or NCC that is to be constructed. (2) An analysis of the tradeoffs between risk and the needs of United States Government policy conducted as part of the most recent Vital Presence Validation Process, if applicable. (3) Reasonable assumptions about the strategic importance of the NEC or NCC, as the case may be, over the life of the building at issue. (4) Any other data that would be helpful in projecting the future growth of NEC or NCC. (b) Other Federal agencies \nThe head of each Federal agency represented at a United States embassy or consulate shall provide to the Secretary, upon request, growth projections for the personnel of each such agency over the estimated life of each embassy or consulate, as the case may be. (c) Basis for estimates \nThe Department shall base its growth assumption for all NECs and NCCs on the estimates required under subsections (a) and (b). (d) Congressional notification \nAny congressional notification of site selection for a NEC or NCC submitted after the date of the enactment of this Act shall include the growth assumption used pursuant to subsection (c).", "id": "H07511A60DD2943349C259618C08C9C0F", "header": "Growth projections for new embassies and consulates" }, { "text": "5206. Long-range planning process \n(a) Plans required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for the next five years as the Secretary of State considers appropriate, the Secretary shall develop— (A) a comprehensive 6-year plan documenting the Department’s overseas building program for the replacement of overseas diplomatic posts taking into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety; and (B) a comprehensive 6-year plan detailing the Department’s long-term planning for the maintenance and sustainment of completed diplomatic posts, which takes into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety. (2) Initial report \nThe first plan developed pursuant to paragraph (1)(A) shall also include a one-time status report on existing small diplomatic posts and a strategy for establishing a physical diplomatic presence in countries in which there is no current physical diplomatic presence and with which the United States maintains diplomatic relations. Such report, which may include a classified annex, shall include the following: (A) A description of the extent to which each small diplomatic post furthers the national interest of the United States. (B) A description of how each small diplomatic post provides American Citizen Services, including data on specific services provided and the number of Americans receiving services over the previous year. (C) A description of whether each small diplomatic post meets current security requirements. (D) A description of the full financial cost of maintaining each small diplomatic post. (E) Input from the relevant chiefs of mission on any unique operational or policy value the small diplomatic post provides. (F) A recommendation of whether any small diplomatic posts should be closed. (3) Updated information \nThe annual updates of each of the plans developed pursuant to paragraph (1) shall highlight any changes from the previous year’s plan to the ordering of construction and maintenance projects. (b) Reporting requirements \n(1) Submission of plans to Congress \nNot later than 60 days after the completion of each plan required under subsection (a), the Secretary shall submit the plans to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives. (2) Reference in budget justification materials \nIn the budget justification materials submitted to the appropriate congressional committees in support of the Department’s budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the plans required under subsection (a) shall be referenced to justify funding requested for building and maintenance projects overseas. (3) Form of report \nEach report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Small diplomatic post defined \nIn this section, the term small diplomatic post means any United States embassy or consulate that has employed five or fewer United States Government employees or contractors on average over the 36 months prior to the date of the enactment of this Act.", "id": "HF4E3F9052B9740AFB7CBA64786FD2882", "header": "Long-range planning process" }, { "text": "5207. Value engineering and risk assessment \n(a) Findings \nCongress makes the following findings: (1) Federal departments and agencies are required to use value engineering (VE) as a management tool, where appropriate, to reduce program and acquisition costs pursuant to OMB Circular A–131, Value Engineering, dated December 31, 2013. (2) OBO has a Policy Directive and Standard Operation Procedure, dated May 24, 2017, on conducting risk management studies on all international construction projects. (b) Notification requirements \n(1) Submission to authorizing committees \nAny notification that includes the allocation of capital construction and maintenance funds shall be submitted to the appropriate congressional committees. (2) Requirement to confirm completion of value engineering and risk assessment studies \nThe notifications required under paragraph (1) shall include confirmation that the Department has completed the requisite VE and risk management process described in subsection (a), or applicable successor process. (c) Reporting and briefing requirements \nThe Secretary shall provide to the appropriate congressional committees upon request— (1) a description of each risk management study referred to in subsection (a)(2) and a table detailing which recommendations related to each such study were accepted and which were rejected; and (2) a report or briefing detailing the rationale for not implementing any such recommendations that may otherwise yield significant cost savings to the Department if implemented.", "id": "H2C30B4D68EF1489A8F4D2252628EA26E", "header": "Value engineering and risk assessment" }, { "text": "5208. Business volume \nSection 402(c)(2)(E) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4852(c)(2)(E) ) is amended by striking in 3 years and inserting cumulatively over 3 years.", "id": "H4664F9CE409948A8BA9DD997F2A99359", "header": "Business volume" }, { "text": "5209. Embassy security requests and deficiencies \nThe Secretary of State shall provide to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate upon request information on physical security deficiencies at United States diplomatic posts, including relating to the following: (1) Requests made over the previous year by United States diplomatic posts for security upgrades. (2) Significant security deficiencies at United States diplomatic posts that are not operating out of a new embassy compound or new consulate compound.", "id": "H2143664411664DB2987E6AE160CD8499", "header": "Embassy security requests and deficiencies" }, { "text": "5210. Overseas security briefings \nNot later than one year after the date of the enactment of this Act, the Secretary of State shall revise the Foreign Affairs Manual to stipulate that information on the current threat environment shall be provided to all United States Government employees under chief of mission authority traveling to a foreign country on official business. To the extent practicable, such material shall be provided to such employees prior to their arrival at a United States diplomatic post or as soon as possible thereafter.", "id": "HFBEBB3EF853C46BF8CA5F63634D0EEC8", "header": "Overseas security briefings" }, { "text": "5211. Contracting methods in capital construction \n(a) Delivery \nUnless the Secretary of State notifies the appropriate congressional committees that the use of the design-build project delivery method would not be appropriate, the Secretary shall make use of such method at United States diplomatic posts that have not yet received design or capital construction contracts as of the date of the enactment of this Act. (b) Notification \nBefore executing a contract for a delivery method other than design-build in accordance with subsection (a), the Secretary of State shall notify the appropriate congressional committees in writing of the decision, including the reasons therefor. The notification required by this subsection may be included in any other report regarding a new United States diplomatic post that is required to be submitted to the appropriate congressional committees. (c) Performance evaluation \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall report to the appropriate congressional committees regarding performance evaluation measures in accordance with GAO’s Standards for Internal Control in the Federal Government that will be applicable to design and construction, lifecycle cost, and building maintenance programs of the Bureau of Overseas Building Operations of the Department.", "id": "H4A49EC4643654B25A7A831C3A64D04DD", "header": "Contracting methods in capital construction" }, { "text": "5212. Competition in embassy construction \nNot later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committee and the Committees on Appropriations of the Senate and the House of Representatives a report detailing steps the Department of State is taking to expand the embassy construction contractor base in order to increase competition and maximize value.", "id": "H22B4DFB6CAE34BA3BAC95DCC450C9D07", "header": "Competition in embassy construction" }, { "text": "5213. Statement of policy \nIt is the policy of the United States that the Bureau of Overseas Building Operations of the Department or its successor office shall continue to balance functionality and security with accessibility, as defined by guidelines established by the United States Access Board in constructing embassies and consulates, and shall ensure compliance with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq. ) to the fullest extent possible.", "id": "H8F195C97321A450E99376327D8E1E4A5", "header": "Statement of policy" }, { "text": "5214. Definitions \nIn this title: (1) Design-build \nThe term design-build means a method of project delivery in which one entity works under a single contract with the Department to provide design and construction services. (2) Non-standard design \nThe term non-standard design means a design for a new embassy compound project or new consulate compound project that does not utilize a standardized design for the structural, spatial, or security requirements of such embassy compound or consulate compound, as the case may be.", "id": "HB507A3BEFDE94872B3FEA4B58105E397", "header": "Definitions" }, { "text": "5301. Defense Base Act insurance waivers \n(a) Application for waivers \nNot later than 30 days after the date of the enactment of this Act, the Secretary shall apply to the Department of Labor for a waiver from insurance requirements under the Defense Base Act ( 42 U.S.C. 1651 et seq. ) for all countries with respect to which the requirement was waived prior to January 2017, and for which there is not currently a waiver. (b) Certification requirement \nNot later than 45 days after the date of the enactment of this Act, the Secretary shall certify to the appropriate congressional committees that the requirement in subsection (a) has been met.", "id": "H5D246D1C14C2453C8026330009746A8E", "header": "Defense Base Act insurance waivers" }, { "text": "5302. Study on Foreign Service allowances \n(a) Report required \n(1) In general \nNot later than one year after date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report detailing an empirical analysis on the effect of overseas allowances on the foreign assignment of Foreign Service officers (FSOs), to be conducted by a federally-funded research and development center with appropriate expertise in labor economics and military compensation. (2) Contents \nThe analysis required under paragraph (1) shall— (A) identify all allowances paid to FSOs assigned permanently or on temporary duty to foreign areas; (B) examine the efficiency of the Foreign Service bidding system in determining foreign assignments; (C) examine the factors that incentivize FSOs to bid on particular assignments, including danger levels and hardship conditions; (D) examine the Department’s strategy and process for incentivizing FSOs to bid on assignments that are historically in lower demand, including with monetary compensation, and whether monetary compensation is necessary for assignments in higher demand; (E) make any relevant comparisons to military compensation and allowances, noting which allowances are shared or based on the same regulations; (F) recommend options for restructuring allowances to improve the efficiency of the assignments system and better align FSO incentives with the needs of the Foreign Service, including any cost savings associated with such restructuring; (G) recommend any statutory changes necessary to implement subparagraph (F), such as consolidating existing legal authorities for the provision of hardship and danger pay; and (H) detail any effects of recommendations made pursuant to subparagraphs (F) and (G) on other United States Government departments and agencies with civilian employees permanently assigned or on temporary duty in foreign areas, following consultation with such departments and agencies. (b) Briefing requirement \nBefore initiating the analysis required under subsection (a)(1), and not later than 60 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on the implementation of this section that includes the following: (1) The name of the federally funded research and development center that will conduct such analysis. (2) The scope of such analysis and terms of reference for such analysis as specified between the Department and such federally funded research and development center. (c) Availability of information \n(1) In general \nThe Secretary shall make available to the federally-funded research and development center carrying out the analysis required under subsection (a)(1) all necessary and relevant information to allow such center to conduct such analysis in a quantitative and analytical manner, including historical data on the number of bids for each foreign assignment and any survey data collected by the Department from eligible bidders on their bid decision-making. (2) Cooperation \nThe Secretary shall work with the heads of other relevant United States Government departments and agencies to ensure such departments and agencies provide all necessary and relevant information to the federally-funded research and development center carrying out the analysis required under subsection (a)(1). (d) Interim report to Congress \nThe Secretary shall require that the chief executive officer of the federally-funded research and development center that carries out the analysis required under subsection (a)(1) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an interim report on such analysis not later than 180 days after the date of the enactment of this Act.", "id": "H5604EFEA543845FDA38E47D4E5F4D25B", "header": "Study on Foreign Service allowances" }, { "text": "5303. Science and technology fellowships \nSection 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d ) is amended by adding at the end the following new subsection: (e) Grants and cooperative agreements related to science and technology fellowship programs \n(1) In general \nThe Secretary is authorized to make grants or enter into cooperative agreements related to Department of State science and technology fellowship programs, including for assistance in recruiting fellows and the payment of stipends, travel, and other appropriate expenses to fellows. (2) Exclusion from consideration as compensation \nStipends under paragraph (1) shall not be considered compensation for purposes of section 209 of title 18, United States Code. (3) Maximum annual amount \nThe total amount of grants made pursuant to this subsection may not exceed $500,000 in any fiscal year..", "id": "HEDE5E71AE538460D9373D850699C08CF", "header": "Science and technology fellowships" }, { "text": "5304. Travel for separated families \nSection 901(15) of the Foreign Service Act of 1980 ( 22 U.S.C. 4081(15) ) is amended— (1) in the matter preceding subparagraph (A), by striking 1 round-trip per year for each child below age 21 of a member of the Service assigned abroad and inserting in the case of one or more children below age 21 of a member of the Service assigned abroad, 1 round-trip per year ; (2) in subparagraph (A)— (A) by inserting for each child before to visit the member abroad ; and (B) by striking ; or and inserting a comma; (3) in subparagraph (B)— (A) by inserting for each child before to visit the other parent ; and (B) by inserting or after resides, ; (4) by inserting after subparagraph (B) the following new subparagraph: (C) for one of the child’s parents to visit the child or children abroad if the child or children do not regularly reside with that parent and that parent is not receiving an education allowance or educational travel allowance for the child or children under section 5924(4) of title 5, United States Code, ; and (5) in the matter following subparagraph (C), as added by paragraph (4) of this section, by striking a payment and inserting the cost of round-trip travel.", "id": "H5457CC3AF6774018BE91135EAAD200AC", "header": "Travel for separated families" }, { "text": "5305. Home leave travel for separated families \nSection 903(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4083(b) ) is amended by adding at the end the following new sentence: In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member’s family members reside, notwithstanding section 10305 of title 5, United States Code..", "id": "H2DD4F4917F68498BBAEF62B33187BCD0", "header": "Home leave travel for separated families" }, { "text": "5306. Sense of Congress regarding certain fellowship programs \nIt is the sense of Congress that Department fellowships that promote the employment of candidates belonging to under-represented groups, including the Charles B. Rangel International Affairs Graduate Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program, represent smart investments vital for building a strong, capable, and representative national security workforce.", "id": "H2C96970AD5EE49EEB53506F430628C0C", "header": "Sense of Congress regarding certain fellowship programs" }, { "text": "5307. Technical correction \nSubparagraph (A) of section 601(c)(6) of the Foreign Service Act of 1980 ( 22 U.S.C. 4001(c)(6) ) is amended, in the matter preceding clause (i), by— (1) striking promotion and inserting promotion, on or after January 1, 2017, ; and (2) striking individual joining the Service on or after January 1, 2017, and inserting Foreign Service officer, appointed under section 302(a)(1), who has general responsibility for carrying out the functions of the Service.", "id": "H8F59A9D5A75C47FFA30ED5767944A517", "header": "Technical correction" }, { "text": "5308. Foreign Service awards \n(a) In general \nSection 614 of the Foreign Service Act of 1980 ( 22 U.S.C. 4013 ) is amended— (1) by amending the section heading to read as follows: Department Awards ; and (2) in the first sentence, by inserting or Civil Service after the Service. (b) Conforming amendment \nThe item relating to section 614 in the table of contents of the Foreign Service Act of 1980 is amended to read as follows: Sec. 614. Department awards..", "id": "H0DA7241795BF437F8E91E01BA89CE7AD", "header": "Foreign Service awards" }, { "text": "5309. Workforce actions \n(a) Sense of Congress on workforce recruitment \nIt is the sense of Congress that the Secretary should continue to hold entry-level classes for Foreign Service officers and specialists and continue to recruit civil servants through programs such as the Presidential Management Fellows Program and Pathways Internship Programs in a manner and at a frequency consistent with prior years and consistent with the need to maintain a pool of experienced personnel effectively distributed across skill codes and ranks. It is further the sense of Congress that absent continuous recruitment and training of Foreign Service officers and civil servants, the Department will lack experienced, qualified personnel in the short, medium, and long terms. (b) Limitation \nThe Secretary should not implement any reduction-in-force action under section 3502 or 3595 of title 5, United States Code, or for any incentive payments for early separation or retirement under any other provision of law unless— (1) the appropriate congressional committees are notified not less than 15 days in advance of such obligation or expenditure; and (2) the Secretary has provided to the appropriate congressional committees a detailed report that describes the Department’s strategic staffing goals, including— (A) a justification that describes how any proposed workforce reduction enhances the effectiveness of the Department; (B) a certification that such workforce reduction is in the national interest of the United States; (C) a comprehensive strategic staffing plan for the Department, including 5-year workforce forecasting and a description of the anticipated impact of any proposed workforce reduction; and (D) a dataset displaying comprehensive workforce data for all current and planned employees of the Department, disaggregated by— (i) Foreign Service officer and Foreign Service specialist rank; (ii) civil service job skill code, grade level, and bureau of assignment; (iii) contracted employees, including the equivalent job skill code and bureau of assignment; and (iv) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including their equivalent grade and job skill code and bureau of assignment.", "id": "HD2DBA1116EE34A8B9047607468B9BC4C", "header": "Workforce actions" }, { "text": "5310. Sense of Congress regarding veterans employment at the Department of State \nIt is the sense of Congress that— (1) the Department should continue to promote the employment of veterans, in accordance with section 301 of the Foreign Service Act of 1980 ( 22 U.S.C. 3941 ), as amended by section 10406 of this Act, including those veterans belonging to traditionally underrepresented groups at the Department; (2) veterans employed by the Department have made significant contributions to United States foreign policy in a variety of regional and global affairs bureaus and diplomatic posts overseas; and (3) the Department should continue to encourage veteran employment and facilitate their participation in the workforce.", "id": "HBF356FE439D448F9AE6EB5B634485619", "header": "Sense of Congress regarding veterans employment at the Department of State" }, { "text": "5311. Employee assignment restrictions and preclusions \n(a) Sense of Congress \nIt is the sense of Congress that the Department should expand the appeal process it makes available to employees related to assignment preclusions and restrictions. (b) Appeal of assignment restriction or preclusion \nSubsection (a) of section 414 of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 2734c(a) ) is amended by adding at the end the following new sentences: Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.. (c) Notice and certification \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall revise, and certify to the appropriate congressional committees regarding such revision, the Foreign Affairs Manual guidance regarding denial or revocation of a security clearance to expressly state that all review and appeal rights relating thereto shall also apply to any recommendation or decision to impose an assignment restriction or preclusion to an employee. (d) Annual report \nNot later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that contains the following: (1) A rationale for the use of assignment restrictions by the Department of State, including specific case studies related to cleared United States Foreign Service and civil service employees of the Department that demonstrate country-specific restrictions serve a counterintelligence role beyond that which is already covered by the security clearance process. (2) The number of such Department employees subject to assignment restrictions over the previous year, with data disaggregated by— (A) identification as a Foreign Service officer, civil service employee, eligible family member, or other employment status; (B) the ethnicity, national origin, and race of the precluded employee; (C) gender; and (D) the country of restriction. (3) A description of the considerations and criteria used by the Bureau of Diplomatic Security to determine whether an assignment restriction is warranted. (4) The number of restrictions that were appealed and the success rate of such appeals. (5) The impact of assignment restrictions in terms of unused language skills as measured by Foreign Service Institute language scores of such precluded employees. (6) Measures taken to ensure the diversity of adjudicators and contracted investigators, with accompanying data on results.", "id": "H1A0B39BC57FC459FBFFC244EB08DE841", "header": "Employee assignment restrictions and preclusions" }, { "text": "5312. Recall and reemployment of career members \n(a) Sense of Congress \nIt is the sense of Congress that— (1) career Department employees provide invaluable service to the United States as nonpartisan professionals who contribute subject matter expertise and professional skills to the successful development and execution of United States foreign policy; and (2) reemployment of skilled former members of the Foreign and civil service who have voluntarily separated from the Foreign or civil service due to family reasons or to obtain professional skills outside government is of benefit to the Department. (b) Notice of employment opportunities \nTitle 5, United States Code, is amended by inserting after chapter 102 the following new chapter: 103 Department of State \nSec. 10301. Notice of employment opportunities for Department of State and USAID positions. 10302. Consulting services for the Department of State. 10301. Notice of employment opportunities for Department of State and USAID positions \nTo ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.. (c) Clerical amendment \nThe table of chapters at the beginning of title 5, United States Code, is amended by inserting after the item relating to chapter 102 the following: 103. Department of State 10301..", "id": "H632E01214D904ED088FC92AEC1ACE3B0", "header": "Recall and reemployment of career members" }, { "text": "10301. Notice of employment opportunities for Department of State and USAID positions \nTo ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.", "id": "H5C7BD66004BD45A4AC19F3C6E9AE287D", "header": "Notice of employment opportunities for Department of State and USAID positions" }, { "text": "5313. Strategic staffing plan for the Department of State \n(a) In general \nNot later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive 5-year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after the date of the enactment of this Act, which shall include the following: (1) A dataset displaying comprehensive workforce data, including all shortages in bureaus described in GAO report GAO–19–220, for all current and planned employees of the Department, disaggregated by— (A) Foreign Service officer and Foreign Service specialist rank; (B) civil service job skill code, grade level, and bureau of assignment; (C) contracted employees, including the equivalent job skill code and bureau of assignment; (D) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including the equivalent grade and job skill code and bureau of assignment of such employee; and (E) overseas region. (2) Recommendations on the number of Foreign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such recommendations. (3) Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations. (b) Maintenance \nThe dataset required under subsection (a)(1) shall be maintained and updated on a regular basis. (c) Consultation \nThe Secretary shall lead the development of the plan required under subsection (a) but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations familiar with the demands and needs of the Department’s workforce. (d) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such shortages on national security objectives, and the Department’s plan to implement recommendations described in GAO–19–220.", "id": "H519AEEA8C3674D0696820A2E1077E252", "header": "Strategic staffing plan for the Department of State" }, { "text": "5314. Consulting services \n(a) In general \nChapter 103 of title 5, United States Code, as added by section 10312, is amended by adding at the end the following: 10302. Consulting services for the Department of State \nAny consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.. (b) Clerical amendment \nThe table of sections for chapter 103 of title 5, United States Code, as added by section 10312(b) of this Act, is amended by adding after the item relating to section 10301 of title 5, United States Code, the following new item: 10302. Consulting services for the Department of State..", "id": "H77D21D765408408085291C60950CE82A", "header": "Consulting services" }, { "text": "10302. Consulting services for the Department of State \nAny consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.", "id": "H2997DB1EF3FC44019F88206DEED476E5", "header": "Consulting services for the Department of State" }, { "text": "5315. Incentives for critical posts \nSection 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) is amended by striking the last sentence.", "id": "HA55E6E0B3C894BC6B6BEA66AFA95829E", "header": "Incentives for critical posts" }, { "text": "5316. Extension of authority for certain accountability review boards \nSection 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) is amended— (1) in the heading, by striking Afghanistan and and inserting Afghanistan, Yemen, Syria, and ; and (2) in subparagraph (A)— (A) in clause (i), by striking Afghanistan or and inserting Afghanistan, Yemen, Syria, or ; and (B) in clause (ii), by striking beginning on October 1, 2005, and ending on September 30, 2009 and inserting beginning on October 1, 2020, and ending on September 30, 2022.", "id": "HF299AD729D5941EA9DFD0B885B830E56", "header": "Extension of authority for certain accountability review boards" }, { "text": "5317. Foreign Service suspension without pay \nSubsection (c) of section 610 of the Foreign Service Act of 1980 ( 22 U.S.C. 4010 ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking suspend and inserting indefinitely suspend without duties ; (2) by redesignating paragraph (5) as paragraph (7); (3) by inserting after paragraph (4) the following new paragraphs: (5) For each member of the Service suspended under paragraph (1)(A) whose security clearance remains suspended for more than one calendar year, not later than 30 days after the end of such calendar year, the Secretary of State shall report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing regarding the specific reasons relating to the duration of each such suspension. (6) Any member of the Service suspended under paragraph (1)(B) may be suspended without pay only after a final written decision is provided to such member pursuant to paragraph (2). ; and (4) in paragraph (7), as so redesignated— (A) by striking this subsection and all that follows through The term in subparagraph (A) and inserting this subsection, the term ; (B) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the left; and (C) by striking subparagraph (B) (relating to the definition of suspend and suspension ).", "id": "H188C8D90868840DB8B3B0B617C9F96E8", "header": "Foreign Service suspension without pay" }, { "text": "5318. Foreign Affairs Manual and Foreign Affairs Handbook changes \n(a) Applicability \nThe Foreign Affairs Manual and the Foreign Affairs Handbook apply with equal force and effect and without exception to all Department of State personnel, including the Secretary of State, Department employees, and political appointees, regardless of an individual’s status as a Foreign Service officer, Civil Service employee, or political appointee hired under any legal authority. (b) Certification \nNot later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a certification in unclassified form that the applicability described in subsection (a) has been communicated to all Department personnel, including the personnel referred to in such subsection. (c) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report detailing all significant changes made to the Foreign Affairs Manual or the Foreign Affairs Handbook. (2) Covered periods \nThe first report required under paragraph (1) shall cover the 5-year period preceding the submission of such report. Each subsequent report shall cover the 180-day period preceding submission. (3) Contents \nEach report required under paragraph (1) shall contain the following: (A) The location within the Foreign Affairs Manual or the Foreign Affairs Handbook where a change has been made. (B) The statutory basis for each such change, as applicable. (C) A side-by-side comparison of the Foreign Affairs Manual or Foreign Affairs Handbook before and after such change. (D) A summary of such changes displayed in spreadsheet form.", "id": "HC09694E5E9FD4360864A64132070A462", "header": "Foreign Affairs Manual and Foreign Affairs Handbook changes" }, { "text": "5319. Waiver authority for individual occupational requirements of certain positions \nThe Secretary of State may waive any or all of the individual occupational requirements with respect to an employee or prospective employee of the Department of State for a civilian position categorized under the GS–0130 occupational series if the Secretary determines that the individual possesses significant scientific, technological, engineering, or mathematical expertise that is integral to performing the duties of the applicable position, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document that is transmitted to the Director of the Office of Personnel Management the rationale for the decision of the Secretary to waive such requirements.", "id": "HB62A9219A103408596E266112BB7E7FA", "header": "Waiver authority for individual occupational requirements of certain positions" }, { "text": "5320. Appointment of employees to the Global Engagement Center \nThe Secretary may appoint, for a 3-year period that may be extended for up to an additional 2 years, solely to carry out the functions of the Global Engagement Center, employees of the Department without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, and may fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title.", "id": "H9937CD5C7DBE4B549BB51153F8C4CA4A", "header": "Appointment of employees to the Global Engagement Center" }, { "text": "5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission \nSubparagraph (A) of section 8L(d)(5)(A) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking a lead Inspector General for and inserting any of the Inspectors General specified in subsection (c) for oversight of.", "id": "H8030CA3743A34DD5A7A05F04B6590443", "header": "Competitive status for certain employees hired by Inspectors General to support the lead IG mission" }, { "text": "5322. Report relating to Foreign Service Officer training and development \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report on fellowships or details for Department of State Foreign Service generalists at— (1) the Department of Defense; (2) United States intelligence agencies; and (3) congressional offices or committees. (b) Elements \nThe report required by subsection (a) shall include the following elements: (1) The number of Senior Foreign Service Officer generalists who, as of the date of the enactment of this Act, have done a tour of at least one year in any of the agencies or congressional committees described in subsection (a). (2) The total number of senior Foreign Service Officer generalists as of the date of the enactment of this Act. (3) The average number of Senior Foreign Service Officer generalists inducted annually during the 10 years preceding the date of the enactment of this Act. (4) The total number of Department advisors stationed in any of the agencies or congressional offices described in subsection (a), including the agencies or offices in which such advisors serve. (5) The total number of advisors from other United States Government agencies stationed in the Department of State (excluding defense attaches, senior defense officials, and other Department of Defense personnel stationed in United States missions abroad), the home agency of the advisor, and the offices in which such advisors serve. (c) Educational exclusion \nFor the purposes of the report required under subsection (a), educational programs shall not be included.", "id": "HE1AB84C2C4CA4E70B7E904ECDD879D54", "header": "Report relating to Foreign Service Officer training and development" }, { "text": "5323. Cooperation with Office of the Inspector General \n(a) Administrative discipline \nNot later than 30 days after the date of the enactment of this Act, the Secretary of State shall make explicit in writing to all Department of State personnel, including the Secretary of State, Department employees, contractors, and political appointees, and shall consider updating the Foreign Affairs Manual and the Foreign Affairs Handbook to explicitly specify, that if any of such personnel does not comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General of the Department, such personnel may be subject to appropriate administrative discipline including, when circumstances warrant, suspension without pay or removal. (b) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act and on a quarterly basis thereafter, the Office of the Inspector General of the Department of State and the United States Agency for Global Media shall submit to the appropriate congressional committees and the Secretary of State a report in unclassified form detailing the following: (A) The number of individuals who have failed to comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General pertaining to a noncriminal matter. (B) The date on which such requests were initially made. (C) Any extension of time that was voluntarily granted to such individual by the Office of the Inspector General. (D) The general subject matters regarding which the Office of the Inspector General has requested of such individuals. (2) Form \nAdditional information pertaining solely to the subject matter of a request described in paragraph (1) may be provided in a supplemental classified annex, if necessary, but all other information required by the reports required under such paragraph shall be provided in unclassified form.", "id": "HCB570C75FE534DD6923BC7909EDB3AD0", "header": "Cooperation with Office of the Inspector General" }, { "text": "5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act \nNot later than March 31, 2022, and annually thereafter, the Director of the Office of Overseas Schools of the Department of State shall maintain and update a list of overseas schools receiving assistance from the Office and detailing the extent to which each such school provides special education and related services to children with disabilities in accordance with part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ). Each list required under this section shall be posted on the public website of the Office for access by members of the Foreign Service, the Senior Foreign Service, and their eligible family members.", "id": "HC88C4EF0880F4D5FAC9E16D6ABDF8BFB", "header": "Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act" }, { "text": "5325. Implementation of gap memorandum in selection board process \n(a) In general \nSection 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ) is amended by adding at the end the following new subsection: (c) (1) A member of the Service or member of the Senior Foreign Service whose performance will be evaluated by a selection board may submit to such selection board a gap memo in advance of such evaluation. (2) Members of a selection board may not consider as negative the submission of a gap memo by a member described in paragraph (1) when evaluating the performance of such member. (3) In this subsection, the term gap memo means a written record, submitted to a selection board in a standard format established by the Director General of the Foreign Service, which indicates and explains a gap in the record of a member of the Service or member of the Senior Foreign Service whose performance will be evaluated by such selection board, which gap is due to personal circumstances, including for health, family, or other reason as determined by the Director General in consultation with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.. (b) Consultation and guidance \n(1) Consultation \nNot later than 30 days after the date of the enactment of this Act, the Director General of the Foreign Service shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development of the gap memo under subsection (c) of section 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ), as added by subsection (a) of this section. (2) Definition \nIn this subsection, the term gap memo has the meaning given such term in subsection (c) of section 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ), as added by subsection (a) of this section.", "id": "HCC490D2622AF478FBDCB0C44ED46F22B", "header": "Implementation of gap memorandum in selection board process" }, { "text": "5401. Definitions \nIn this title: (1) Applicant flow data \nThe term applicant flow data means data that tracks the rate of applications for job positions among demographic categories. (2) Demographic data \nThe term demographic data means facts or statistics relating to the demographic categories specified in the Office of Management and Budget statistical policy directive entitled Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (81 Fed. Reg. 67398). (3) Diversity \nThe term diversity means those classes of persons protected under the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (4) Workforce \nThe term workforce means— (A) individuals serving in a position in the civil service (as defined in section 2101 of title 5, United States Code); (B) individuals who are members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3902 )); (C) all individuals serving under a personal services contract; (D) all individuals serving under a Foreign Service Limited appointment under section 309 of the Foreign Service Act of 1980; or (E) individuals other than Locally Employed Staff working in the Department of State under any other authority.", "id": "HA0C68AB3F9024E808993D36D83FA32A3", "header": "Definitions" }, { "text": "5402. Exit interviews for workforce \n(a) Retained members \nThe Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall conduct periodic interviews with a representative and diverse cross-section of the workforce of the Department— (1) to understand the reasons of individuals in such workforce for remaining in a position in the Department; and (2) to receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of individuals in the workforce to remain in the Department. (b) Departing members \nThe Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall provide an opportunity for an exit interview to each individual in the workforce of the Department who separates from service with the Department to better understand the reasons of such individual for leaving such service. (c) Use of analysis from interviews \nThe Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall analyze demographic data and other information obtained through interviews under subsections (a) and (b) to determine to what extent, if any, the diversity of those participating in such interviews impacts the results. (d) Tracking data \nThe Department shall— (1) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; (2) annually evaluate such data— (A) to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and (B) to understand the extent to which participation in any professional development program offered or sponsored by the Department differs among the demographic categories of the workforce; and (3) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation, in such professional development programs.", "id": "H4946F56201C44F8F82F6A0BC0DF45473", "header": "Exit interviews for workforce" }, { "text": "5403. Recruitment and retention \n(a) In general \nThe Secretary shall— (1) continue to seek a diverse and talented pool of applicants; and (2) instruct the Director General of the Foreign Service and the Director of the Bureau of Human Resources of the Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-represented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations. (b) Scope \nThe diversity recruitment initiatives described in subsection (a) shall include— (1) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (2) placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups; (3) sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities; (4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; (5) expanding the use of paid internships; and (6) cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals. (c) Expand training on anti-harassment and anti-discrimination \n(1) In general \nThe Secretary shall, through the Foreign Service Institute and other educational and training opportunities— (A) ensure the provision to all individuals in the workforce of training on anti-harassment and anti-discrimination information and policies, including in existing Foreign Service Institute courses or modules prioritized in the Department’s Diversity and Inclusion Strategic Plan for 2016–2020 to promote diversity in Bureau awards or mitigate unconscious bias; (B) expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies, including policies relating to sexual assault prevention and response; and (C) make such expanded training mandatory for— (i) individuals in senior and supervisory positions; (ii) individuals having responsibilities related to recruitment, retention, or promotion of employees; and (iii) any other individual determined by the Department who needs such training based on analysis by the Department or OPM analysis. (2) Best practices \nThe Department shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection.", "id": "H1288D7D1E40E4F84BBAB480C6AD1005C", "header": "Recruitment and retention" }, { "text": "5404. Leadership engagement and accountability \n(a) Reward and recognize efforts to promote diversity and inclusion \n(1) In general \nThe Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the Department in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. (2) Outreach events \nThe Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups. (b) External advisory committees and boards \nFor each external advisory committee or board to which individuals in senior positions in the Department appoint members, the Secretary is strongly encouraged by Congress to ensure such external advisory committee or board is developed, reviewed, and carried out by qualified teams that represent the diversity of the organization.", "id": "H91B823DC72B54C8CADD4886405118509", "header": "Leadership engagement and accountability" }, { "text": "5405. Professional development opportunities and tools \n(a) Expand provision of professional development and career advancement opportunities \n(1) In general \nThe Secretary is authorized to expand professional development opportunities that support the mission needs of the Department, such as— (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in— (i) private or international organizations; (ii) State, local, and Tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. (2) Training for senior positions \n(A) In general \nThe Secretary shall offer, or sponsor members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for appointment to senior positions in the Department. (B) Requirements \nIn determining which members of the workforce are granted professional development or career advancement opportunities under subparagraph (A), the Secretary shall— (i) ensure any program offered or sponsored by the Department under such subparagraph comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements; (ii) consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs; (iii) understand how participation in any program offered or sponsored by the Department under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and (iv) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.", "id": "HD3B01B8D6FE44639B8DDB048B7000625", "header": "Professional development opportunities and tools" }, { "text": "5406. Examination and oral assessment for the Foreign Service \n(a) Sense of Congress \nIt is the sense of Congress that the Department should offer both the Foreign Service written examination and oral assessment in more locations throughout the United States. Doing so would ease the financial burden on potential candidates who do not currently reside in and must travel at their own expense to one of the few locations where these assessments are offered. (b) Foreign Service examinations \nSection 301(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3941 ) is amended— (1) by striking The Secretary and inserting: (1) The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating basis, located in at least three different time zones across the United States..", "id": "HED3207101B254591AC8635E8866C6412", "header": "Examination and oral assessment for the Foreign Service" }, { "text": "5407. Payne fellowship authorization \n(a) In general \nUndergraduate and graduate components of the Donald M. Payne International Development Fellowship Program may conduct outreach to attract outstanding students with an interest in pursuing a Foreign Service career who represent diverse ethnic and socioeconomic backgrounds. (b) Review of past programs \nThe Secretary shall review past programs designed to increase minority representation in international affairs positions.", "id": "H25F2D1DE6FF742978DBC1D527CE14841", "header": "Payne fellowship authorization" }, { "text": "5408. Voluntary participation \n(a) In general \nNothing in this title should be construed so as to compel any employee to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data collection contemplated by this title is voluntary. (b) Privacy protection \nAny data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.", "id": "H361B930568E5478D8B138EF77726C7D5", "header": "Voluntary participation" }, { "text": "5501. Definitions \nIn this title: (1) Intelligence community \nThe term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (2) Relevant congressional committees \nThe term relevant congressional committees means— (A) the appropriate congressional committees; (B) the Select Committee on Intelligence of the Senate; and (C) the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "H35F3A02AEEF4491B8099D38D6B61055A", "header": "Definitions" }, { "text": "5502. List of certain telecommunications providers \n(a) List of covered contractors \nNot later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence and other appropriate Federal agencies as determined jointly by the Secretary and the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the Department should seek to avoid entering into contracts. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list. (b) Covered contractor defined \nIn this section, the term covered contractor means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against— (1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or (2) individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights.", "id": "H856B9F41E8AD46E794C8C10A726E5BE5", "header": "List of certain telecommunications providers" }, { "text": "5503. Preserving records of electronic communications \n(a) Sense of Congress \nIt is the sense of Congress that all officers and employees of the Department and the United States Agency for International Development are obligated under chapter 31 of title 44, United States Code (popularly referred to as the Federal Records Act of 1950), to create and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions or operations of the Department and United States embassies, consulates, and missions abroad, including records of official communications with foreign government officials or other foreign entities. (b) Certification \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a certification in unclassified form that the Secretary has communicated to all Department personnel, including the Secretary of State and all political appointees, that such personnel are obligated under chapter 31 of title 44, United States Code, to treat electronic messaging systems, software, and applications as equivalent to electronic mail for the purpose of identifying Federal records.", "id": "H09D702B27DA447A3870722A7BC2E0193", "header": "Preserving records of electronic communications" }, { "text": "5504. Foreign Relations of the United States (FRUS) series and declassification \nThe State Department Basic Authorities Act of 1956 is amended— (1) in section 402(a)(2) ( 22 U.S.C. 4352(a)(2) ), by striking 26 and inserting 20 ; and (2) in section 404(a)(1) ( 22 U.S.C. 4354(a)(1) , by striking 30 and inserting 25.", "id": "H17A3467C48314F7BB7DDFCF9D0ADDFA2", "header": "Foreign Relations of the United States (FRUS) series and declassification" }, { "text": "5601. Short title \nThis title may be cited as the Public Diplomacy Modernization Act of 2021.", "id": "H86BBB9AA2DEC461290B6C89AEF11A3A0", "header": "Short title" }, { "text": "5602. Avoiding duplication of programs and efforts \nThe Secretary shall— (1) identify opportunities for greater efficiency of operations, including through improved coordination of efforts across public diplomacy bureaus and offices of the Department; and (2) maximize shared use of resources between, and within, such public diplomacy bureaus and offices in cases in which programs, facilities, or administrative functions are duplicative or substantially overlapping.", "id": "H65961ADCEC7C4EA5B42AF6E22ECA7AAF", "header": "Avoiding duplication of programs and efforts" }, { "text": "5603. Improving research and evaluation of public diplomacy \n(a) Research and evaluation activities \nThe Secretary, acting through the Director of Research and Evaluation appointed pursuant to subsection (b), shall— (1) conduct regular research and evaluation of public diplomacy programs and activities of the Department, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and (2) make available to Congress the findings of the research and evaluations conducted under paragraph (1). (b) Director of research and evaluation \n(1) Appointment \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall appoint a Director of Research and Evaluation (referred to in this subsection as the Director ) in the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department. (2) Limitation on appointment \nThe appointment of the Director pursuant to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department. (3) Responsibilities \nThe Director shall— (A) coordinate and oversee the research and evaluation of public diplomacy programs and activities of the Department in order to— (i) improve public diplomacy strategies and tactics; and (ii) ensure that such programs and activities are increasing the knowledge, understanding, and trust of the United States by relevant target audiences; (B) routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department; (C) support United States diplomatic posts’ public affairs sections; (D) share appropriate public diplomacy research and evaluation information within the Department and with other appropriate Federal departments and agencies; (E) regularly design and coordinate standardized research questions, methodologies, and procedures to ensure that public diplomacy programs and activities across all public diplomacy bureaus and offices are designed to meet appropriate foreign policy objectives; and (F) report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation of all public diplomacy bureaus and offices. (4) Guidance and training \nNot later than 1 year after the appointment of the Director pursuant to paragraph (1), the Director shall develop guidance and training, including curriculum for use by the Foreign Service Institute, for all public diplomacy officers of the Department regarding the reading and interpretation of public diplomacy program and activity evaluation findings to ensure that such findings and related lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities of the Department. (c) Prioritizing research and evaluation \n(1) In general \nThe head of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department shall ensure that research and evaluation of public diplomacy and activities of the Department, as coordinated and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public diplomacy bureaus and offices of the Department. (2) Allocation of resources \nAmounts allocated for the purpose of research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) shall be made available to be disbursed at the direction of the Director of Research and Evaluation among the research and evaluation staff across all public diplomacy bureaus and offices of the Department. (3) Sense of Congress \nIt is the sense of Congress that the Department should gradually increase its allocation of funds made available under the headings Educational and Cultural Exchange Programs and Diplomatic Programs for research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) to a percentage of program funds that is commensurate with Federal Government best practices. (d) Limited exemption relating to the Paperwork Reduction Act \nChapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) shall not apply to the collection of information directed at any individuals conducted by, or on behalf of, the Department of State for the purpose of audience research, monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to any of the following: (1) The Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. ). (2) Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 22 U.S.C. 2656 note). (3) The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). (e) Limited exemption relating to the Privacy Act \n(1) In general \nThe Department shall maintain, collect, use, and disseminate records (as such term is defined in section 552a(a)(4) of title 5, United States Code) for audience research, digital analytics, and impact evaluation of communications related to public diplomacy efforts intended for foreign audiences. (2) Conditions \nAudience research, digital analytics, and impact evaluations under paragraph (1) shall be— (A) reasonably tailored to meet the purposes of this subsection; and (B) carried out with due regard for privacy and civil liberties guidance and oversight. (f) United States Advisory Commission on Public Diplomacy \n(1) Subcommittee for research and evaluation \nThe United States Advisory Commission on Public Diplomacy shall establish a Subcommittee on Research and Evaluation to monitor and advise regarding audience research, digital analytics, and impact evaluations carried out by the Department and the United States Agency for Global Media. (2) Annual report \nThe Subcommittee on Research and Evaluation established pursuant to paragraph (1) shall submit to the appropriate congressional committees an annual report, in conjunction with the United States Advisory Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media, describing all actions taken by the Subcommittee pursuant to paragraph (1) and any findings made as a result of such actions.", "id": "H66871AC41CB942048EA67DF60642AD46", "header": "Improving research and evaluation of public diplomacy" }, { "text": "5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy \nSection 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6553 ) is amended— (1) in the section heading, by striking Sunset and inserting Continuation ; and (2) by striking until October 1, 2021.", "id": "H1D061AC4362D4E7FA615CE2A84620AA5", "header": "Permanent reauthorization of the United States Advisory Commission on Public Diplomacy" }, { "text": "5605. Streamlining of support functions \n(a) Working group established \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall establish a working group to explore the possibilities and cost-benefit analysis of transitioning to a shared services model as such pertains to human resources, travel, purchasing, budgetary planning, and all other executive support functions for all bureaus of the Department that report to the Under Secretary for Public Diplomacy of the Department. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a plan to implement any such findings of the working group established under subsection (a).", "id": "H580047077054474A8D7AC540048B50C7", "header": "Streamlining of support functions" }, { "text": "5606. Guidance for closure of public diplomacy facilities \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall adopt, and include in the Foreign Affairs Manual, guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound would result in the closure or co-location of an American Space, American Center, American Corner, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ). (b) Requirements \nThe guidelines required by subsection (a) shall include the following: (1) Standardized notification to each chief of mission at a diplomatic post describing the requirements of the Secure Embassy Construction and Counterterrorism Act of 1999 and the impact on the mission footprint of such requirements. (2) An assessment and recommendations from each chief of mission of potential impacts to public diplomacy programming at such diplomatic post if any public diplomacy facility referred to in subsection (a) is closed or staff is co-located in accordance with such Act. (3) A process by which assessments and recommendations under paragraph (2) are considered by the Secretary and the appropriate Under Secretaries and Assistant Secretaries of the Department. (4) Notification to the appropriate congressional committees, prior to the initiation of a new embassy compound or new consulate compound design, of the intent to close any such public diplomacy facility or co-locate public diplomacy staff in accordance with such Act. (c) Report \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the guidelines required under subsection (a) and any recommendations for any modifications to such guidelines.", "id": "H266CC52D70F74BA1A5AAA8F06F743198", "header": "Guidance for closure of public diplomacy facilities" }, { "text": "5607. Definitions \nIn this title: (1) Audience research \nThe term audience research means research conducted at the outset of a public diplomacy program or the outset of campaign planning and design regarding specific audience segments to understand the attitudes, interests, knowledge, and behaviors of such audience segments. (2) Digital analytics \nThe term digital analytics means the analysis of qualitative and quantitative data, accumulated in digital format, to indicate the outputs and outcomes of a public diplomacy program or campaign. (3) Impact evaluation \nThe term impact evaluation means an assessment of the changes in the audience targeted by a public diplomacy program or campaign that can be attributed to such program or campaign. (4) Public diplomacy bureaus and offices \nThe term public diplomacy bureaus and offices means, with respect to the Department, the following: (A) The Bureau of Educational and Cultural Affairs. (B) The Bureau of Global Public Affairs. (C) The Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs. (D) The Global Engagement Center. (E) The public diplomacy functions within the regional and functional bureaus.", "id": "HE308528523044FB6A880924946F82D27", "header": "Definitions" }, { "text": "5701. Limitation on assistance to countries in default \nSection 620(q) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(q) ) is amended— (1) by striking No assistance and inserting the following: (1) No assistance ; (2) by inserting the government of before any country ; (3) by inserting the government of before such country each place it appears; (4) by striking determines and all that follows and inserting determines, after consultation with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, that assistance for such country is in the national interest of the United States. ; and (5) by adding at the end the following new paragraph: (2) No assistance shall be furnished under this Act, the Peace Corps Act, the Millennium Challenge Act of 2003, the African Development Foundation Act, the BUILD Act of 2018, section 504 of the FREEDOM Support Act, or section 23 of the Arms Export Control Act to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest or any loan made to the government of such country by the United States unless the President determines, following consultation with the congressional committees specified in paragraph (1), that assistance for such country is in the national interest of the United States..", "id": "H49A4A937BEFB4E6BAAC9BF857BA45626", "header": "Limitation on assistance to countries in default" }, { "text": "5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment \nSubsection (b) of section 101 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 ( 22 U.S.C. 9111 ; Public Law 113–150 ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by inserting , respectively, after access cases ; and (ii) by inserting and the number of children involved before the semicolon at the end; and (B) in subparagraph (D), by inserting respectively, the number of children involved, after access cases, ; (2) in paragraph (7), by inserting , and number of children involved in such cases before the semicolon at the end; (3) in paragraph (8), by striking and after the semicolon at the end; (4) in paragraph (9), by striking the period at the end and inserting ; and ; and (5) by adding at the end the following new paragraph: (10) the total number of pending cases the Department of State has assigned to case officers and number of children involved for each country and as a total for all countries..", "id": "H7777A1E91962484C93EBAA59318F4097", "header": "Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment" }, { "text": "5703. Chief of mission concurrence \nIn the course of a chief of mission providing concurrence to the exercise of the authority pursuant to section 127e of title 10, United States Code, or section 1202 of the National Defense Authorization Act for Fiscal Year 2018— (1) each relevant chief of mission shall inform and consult in a timely manner with relevant individuals at relevant missions or bureaus of the Department of State; and (2) the Secretary of State shall take such steps as may be necessary to ensure that such relevant individuals have the security clearances necessary and access to relevant compartmented and special programs to so consult in a timely manner with respect to such concurrence.", "id": "H69A084B24BAE48C790471451F1610D71", "header": "Chief of mission concurrence" }, { "text": "5704. Report on efforts of the Coronavirus Repatriation Task Force \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate a report evaluating the efforts of the Coronavirus Repatriation Task Force of the Department of State to repatriate United States citizens and legal permanent residents in response to the 2020 coronavirus outbreak. The report shall identify— (1) the most significant impediments to repatriating such persons; (2) the lessons learned from such repatriations; and (3) any changes planned to future repatriation efforts of the Department of State to incorporate such lessons learned.", "id": "HABB011880E7F49AE9740A6C3FE08B1C7", "header": "Report on efforts of the Coronavirus Repatriation Task Force" }, { "text": "6101. FinCEN Exchange \nSection 310(d) of title 31, United States Code, is amended— (1) in paragraph (2), by inserting other relevant private sector entities, after financial institutions, ; (2) in paragraph (3)(A)(i)(II), by inserting and other relevant private sector entities after financial institutions ; and (3) in paragraph (5)— (A) in subparagraph (A), by inserting or other relevant private sector entity after financial institution ; and (B) in subparagraph (B)— (i) by striking Information and inserting the following: (i) Use by financial institutions \nInformation ; and (ii) by adding at the end the following: (ii) Use by other relevant private sector entities \nInformation received by a relevant private sector entity that is not a financial institution pursuant to this section shall not be used for any purpose other than assisting a financial institution in identifying and reporting on activities that may involve the financing of terrorism, money laundering, proliferation financing, or other financial crimes, or in assisting FinCEN or another agency of the Federal Government in mitigating the risk of the financing of terrorism, money laundering, proliferation financing, or other criminal activities..", "id": "HA2FBD14656EE4EE287E170D39A1AE907", "header": "FinCEN Exchange" }, { "text": "6102. Adverse information in cases of trafficking \n(a) In general \nThe Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after section 605B the following: 605C. Adverse information in cases of trafficking \n(a) Definitions \nIn this section: (1) Trafficking documentation \nThe term trafficking documentation means— (A) documentation of— (i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or (ii) by a court of competent jurisdiction; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (2) Trafficking Victims Protection Act of 2000 definitions \nThe terms severe forms of trafficking in persons and sex trafficking have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Victim of trafficking \nThe term victim of trafficking means a person who is a victim of a severe form of trafficking in persons or sex trafficking. (b) Adverse information \nA consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (c) Rulemaking \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Director shall issue rules to implement subsection (a). (2) Contents \nThe rules issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies.. (b) Table of contents amendment \nThe table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following: 605C. Adverse information in cases of trafficking.. (c) Application \nThe amendments made by this section shall apply on the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(c) of the Fair Credit Reporting Act, as added by subsection (a) of this section. Any rule issued by the Director to implement such section 605C shall be limited to preventing a consumer reporting agency from furnishing a consumer report containing any adverse item of information about a consumer (as such terms are defined, respectively, in section 603 the Fair Credit Reporting Act ( 15 U.S.C. 1681a )) that resulted from trafficking.", "id": "H88E407AFDEA241DE9C2DE99116D6C5E6", "header": "Adverse information in cases of trafficking" }, { "text": "605C. Adverse information in cases of trafficking \n(a) Definitions \nIn this section: (1) Trafficking documentation \nThe term trafficking documentation means— (A) documentation of— (i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or (ii) by a court of competent jurisdiction; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (2) Trafficking Victims Protection Act of 2000 definitions \nThe terms severe forms of trafficking in persons and sex trafficking have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Victim of trafficking \nThe term victim of trafficking means a person who is a victim of a severe form of trafficking in persons or sex trafficking. (b) Adverse information \nA consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (c) Rulemaking \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Director shall issue rules to implement subsection (a). (2) Contents \nThe rules issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies.", "id": "HFB7744C486644604BA62F1546803DA60", "header": "Adverse information in cases of trafficking" }, { "text": "6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts \n(a) In general \nTitle XVI of the International Financial Institutions Act ( 22 U.S.C. 262p et seq. ) is amended by adding at the end the following: 1630. Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts \nThe Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors.. (b) Report to the congress \nWithin 1 year after the date of the enactment of this Act, and annually thereafter for the next 4 years, the Secretary of the Treasury shall report to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate on— (1) the activities of the International Monetary Fund in the then most recently completed fiscal year to provide technical assistance described in section 1630 of the International Financial Institutions Act (as added by this section), including the ability of the Fund to meet the demand for the assistance; and (2) the efficacy of efforts by the United States to achieve the policy goal described in such section and any further actions that should be taken, if necessary, to implement that goal. (c) Sunset \nThe amendment made by subsection (a) shall have no force or effect after the 5-year period that begins with the date of the enactment of this Act.", "id": "H6AEE5A5413FC415D8A87FF984578C289", "header": "Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts" }, { "text": "1630. Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts \nThe Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors.", "id": "H6600B6BAB5EC40ED8A60A9C9E22BEF4B", "header": "Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts" }, { "text": "6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank \n(a) Sense of the Congress \nIt is the sense of the Congress that the United States should not support the recognition of, or dealing with, the State Administration Council, or any successor entity controlled by the military, as the government of Burma for the purpose of the provision of any loan or financial assistance by the International Monetary Fund, the World Bank Group, or the Asian Development Bank, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Policy \nTitle XVI of the International Financial Institutions Act ( 22 U.S.C. 262p et seq. ), as amended by section 6103, is further amended by adding at the end the following: 1631. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank \n(a) Policy of the United States \nThe Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Submission of written statements \nNo later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection (a) or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board. (c) Waiver \nThe President of the United States may waive the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and the oversight safeguards that will accompany such assistance; or (2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor. (d) World bank group defined \nIn this section, the term World Bank Group means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.. (c) Sunset \nSection 1631 of the International Financial Institutions Act, as added by subsection (b), is repealed on the earlier of— (1) the date the President of the United States submits to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a certification that— (A) the Burmese military has released all political prisoners; (B) an elected government has been instated following free and fair elections; and (C) all government institutions involved in the provision of multilateral assistance are fully under civilian control; or (2) the date that is 10 years after the date of the enactment of this Act.", "id": "HCB53BF289C044A418D6D77DC5A88D55A", "header": "United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank" }, { "text": "1631. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank \n(a) Policy of the United States \nThe Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Submission of written statements \nNo later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection (a) or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board. (c) Waiver \nThe President of the United States may waive the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and the oversight safeguards that will accompany such assistance; or (2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor. (d) World bank group defined \nIn this section, the term World Bank Group means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.", "id": "HF7A4CCB3D50E4D9196CF18A351A8C3E4", "header": "United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank" }, { "text": "6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies \n(a) In general \nThe Secretary of the Treasury (in this section referred to as the Secretary ) shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(2) )) that it is the policy of the United States to— (1) support assistance by the institution with respect to advanced wireless technologies (such as 5th generation wireless technology for digital cellular networks and related technologies) only if the technologies provide appropriate security for users; (2) proactively encourage assistance with respect to infrastructure or policy reforms that facilitate the use of secure advanced wireless technologies; and (3) cooperate, to the maximum extent practicable, with member states of the institution, particularly with United States allies and partners, in order to strengthen international support for such technologies. (b) Waiver authority \nThe Secretary may waive subsection (a) on a case-by-case basis, on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) will allow the United States to effectively promote the objectives of the policy described in subsection (a); or (2) is in the national interest of the United States, with an explanation of the reasons therefor. (c) Progress report \nThe Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the annual report required by section 1701 of the International Financial Institutions Act ( 22 U.S.C. 262r ) a description of progress made toward advancing the policy described in subsection (a) of this section. (d) Sunset \nThe preceding provisions of this section shall have no force or effect after the earlier of— (1) the date that is 7 years after the date of the enactment of this Act; or (2) the date that the Secretary reports to the committees specified in subsection (b) that terminating the effectiveness of the provisions is important to the national interest of the United States, with a detailed explanation of the reasons therefor.", "id": "HE51B377F97DD483A9D04CF4A83BEAB17", "header": "United States policy regarding international financial institution assistance with respect to advanced wireless technologies" }, { "text": "6106. Illicit finance improvements \n(a) Scope of the meetings of the supervisory team on countering illicit finance \nSection 6214(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 31 U.S.C. 5311 note) is amended by striking to combat the risk relating to proliferation financing and inserting for the purposes of countering illicit finance, including proliferation finance and sanctions evasion. (b) Combating Russian Money Laundering \nSection 9714 of the Combating Russian Money Laundering Act ( Public Law 116–283 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (f) and (g), respectively; and (2) by inserting after subsection (a) the following: (b) Classified information \nIn any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information \nThe exemptions from, and prohibitions on, search and disclosure provided in section 5319 of title 31, United States Code, shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a) of this section. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section. (d) Penalties \nThe penalties provided for in sections 5321 and 5322 of title 31, United States Code, that apply to violations of special measures imposed under section 5318A of title 31, United States Code, shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section, in the same manner and to the same extent as described in sections 5321 and 5322. (e) Injunctions \nThe Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section in the same manner and to the same extent as described in section 5320 of title 31, United States Code..", "id": "H9BC89F740D0442638750F4D45EDF4B50", "header": "Illicit finance improvements" }, { "text": "6107. Briefing on delegation of examination authority under the Bank Secrecy Act \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall, after consultation with State bank supervisors, Federal financial regulators, and other relevant stakeholders, conduct a briefing for the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with respect to the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury. (b) Contents \nThe briefing conducted by the Secretary of the Treasury pursuant to subsection (a) shall address— (1) the current status of the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury, including with respect to the mission of the Bank Secrecy Act; (2) how frequently, on average, agencies delegated exam authority under the Bank Secrecy Act by the Secretary are able to examine entities for which they have delegated authorities; (3) whether agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have appropriate resources to perform such delegated responsibilities; and (4) whether the examiners within agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have sufficient training and support to perform delegated responsibilities. (c) Definitions \nIn this section: (1) Bank Secrecy Act \nThe term Bank Secrecy Act means— (A) section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ); (B) section 123 of Public Law 91–508 ; and (C) subchapter II of chapter 53 of title 31, United States Code. (2) Federal financial regulators \nThe term Federal financial regulators means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Comptroller of the Currency, the Commodity Futures Trading Commission, the Securities and Exchange Commission, and the Commissioner of the Internal Revenue Service. (3) State bank supervisors \nThe term State bank supervisors has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ).", "id": "H2D833E41AB8B4058AAEA4D68119B75B3", "header": "Briefing on delegation of examination authority under the Bank Secrecy Act" }, { "text": "6201. Short title \nThis title may be cited as the Foreign Service Families Act of 2021.", "id": "H1E72A6CFDADF4101BF0446FDF5881C73", "header": "Short title" }, { "text": "6202. Telecommuting opportunities \n(a) DETO policy \n(1) In general \nEach Federal department and agency shall establish a policy enumerating the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations where there is a related Foreign Service assignment pursuant to an approved Domestically Employed Teleworking Overseas (DETO) agreement, consistent with the requirements under section 6502 of title 5, United States code (relating to the executive agencies telework requirements), as amended by paragraph (2), and DETO requirements, as set forth in the Foreign Affairs Manual and Foreign Affairs Handbook of the Department of State. (2) Amendment \nSection 6502(b) of title 5, United States Code, is amended— (A) in paragraph (4)(B), by striking and after the semicolon; (B) in paragraph 5, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (6) enumerate the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations, provided that, except in emergency situations as determined by the head of the agency, such circumstances shall not include a situation in which an employee's official duties require on at least a monthly basis the direct handling of secure materials determined to be inappropriate for telework by the agency head.. (b) Access to ICASS system \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall revise chapter 900 of volume 6 of the Foreign Affairs Manual, the International Cooperative Administrative Support Services Handbook, the Personnel Operations Handbook, and any other relevant regulations to allow each Federal agency that has enacted a policy under subsection (a) to have access to the International Cooperative Administrative Support Services (ICASS) system.", "id": "H73A6339572FA4C60AED27E38A3C739CD", "header": "Telecommuting opportunities" }, { "text": "6203. Employment and education programs for eligible family members of members of the Foreign Service \nSection 706(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4026(b) ) is amended— (1) in paragraph (1)— (A) by striking The Secretary may facilitate the employment of spouses of members of the Foreign Service by— and inserting The Secretary shall implement such measures as the Secretary considers necessary to facilitate the employment of spouses and members of the Service. The measures may include— ; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by amending subparagraph (C) to read as follows: (C) establishing a program for assisting eligible family members in accessing employment and education opportunities, as appropriate, including by exercising the authorities, in relevant part, under sections 1784 and 1784a of title 10, United States Code, and subject to such regulations as the Secretary may prescribe modeled after those prescribed pursuant to subsection (b) of such section 1784; ; (2) by redesignating paragraph (2) as paragraph (6); (3) by inserting after paragraph (1) the following new paragraphs: (2) The Secretary may prescribe regulations— (A) to provide preference to eligible family members in hiring for any civilian position in the Department, notwithstanding the prohibition on marital discrimination found in 5 U.S.C. 2302(b)(1)(E) , if — (i) the eligible family member is among persons determined to be best qualified for the position; and (ii) the position is located in the overseas country of assignment of their sponsoring employee; (B) to ensure that notice of any vacant position in the Department is provided in a manner reasonably designed to reach eligible family members of sponsoring employees whose permanent duty stations are in the same country as that in which the position is located; and (C) to ensure that an eligible family member who applies for a vacant position in the Department shall, to the extent practicable, be considered for any such position located in the same country as the permanent duty station of their sponsoring employee. (3) Nothing in this section may be construed to provide an eligible family member with entitlement or preference in hiring over an individual who is preference eligible. (4) Under regulations prescribed by the Secretary, a chief of mission may, consistent with all applicable laws and regulations pertaining to the ICASS system, make available to an eligible family member and a non-Department entity space in an embassy or consulate for the purpose of the non-Department entity providing employment-related training for eligible family members. (5) The Secretary may work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of eligible family member employment. ; and (4) by adding after paragraph (6), as redesignated by paragraph (2) of this subsection, the following new paragraph: (7) In this subsection, the term eligible family member refers to family members of government employees assigned abroad or hired for service at their post of residence who are appointed by the Secretary of State or the Administrator of the United States Agency for International Development pursuant to sections 102, 202, 303, and 311..", "id": "H3AB438803FE843F89607DB9000ECCF20", "header": "Employment and education programs for eligible family members of members of the Foreign Service" }, { "text": "6204. Briefing on Foreign Service family reserve corps \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the status of implementation of the Foreign Service Family Reserve Corps. (b) Elements \nThe briefing required under subsection (a) shall include the following elements: (1) A description of the status of implementation of the Foreign Service Family Reserve Corps (FSFRC). (2) An assessment of the extent to which implementation was impacted by the Department’s hiring freeze and a detailed explanation of the effect of any such impacts. (3) A description of the status of implementation of a hiring preference for the FSFRC. (4) A detailed accounting of any individuals eligible for membership in the FSFRC who were unable to begin working at a new location as a result of being unable to transfer their security clearance, including an assessment of whether they would have been able to port their clearance as a member of the FSFRC if the program had been fully implemented. (5) An estimate of the number of individuals who are eligible to join the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals would enroll. (6) An estimate of the number of individuals who are enrolled in the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals enrolled. (7) An estimate of the number of individuals who were enrolled in each phase of the implementation of the FSFRC as detailed in guidance issued by the Under Secretary for Management. (8) An estimate of the number of individuals enrolled in the FSFRC who have successfully transferred a security clearance to a new post since implementation of the program began. (9) An estimate of the number of individuals enrolled in the FSFRC who have been unable to successfully transfer a security clearance to a new post since implementation of the program began. (10) An estimate of the number of individuals who have declined in writing to apply to the FSFRC. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.", "id": "H9E22916E42C04C069BE650E304316EE8", "header": "Briefing on Foreign Service family reserve corps" }, { "text": "6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees \nSection 311 of the Foreign Service Act of 1980 ( 22 U.S.C. 3951 ) is amended by adding at the end the following: (e) The Secretary shall hold a family member of a government employee described in subsection (a) seeking employment in a position described in that subsection to the same employment standards as those applicable to Foreign Service officers, Foreign Service personnel, or foreign national employees seeking the same or a substantially similar position..", "id": "HEEDCA39E0315488999A56CA771A7C04A", "header": "Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees" }, { "text": "6206. In-State tuition rates for members of qualifying Federal service \n(a) In general \nSection 135 of the Higher Education Act of 1965 ( 20 U.S.C. 1015d ) is amended— (1) in the section heading, by striking the armed forces on active duty, spouses, and dependent children and inserting qualifying Federal service ; (2) in subsection (a), by striking member of the armed forces who is on active duty for a period of more than 30 days and and inserting member of a qualifying Federal service ; (3) in subsection (b), by striking member of the armed forces and inserting member of a qualifying Federal service ; and (4) by striking subsection (d) and inserting the following: (d) Definitions \nIn this section, the term member of a qualifying Federal service means— (1) a member of the armed forces (as defined in section 101 of title 10, United States Code) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10, United States Code); or (2) a member of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 )) who is on active duty for a period of more than 30 days.. (b) Effective date \nThe amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) for the first period of enrollment at such institution that begins after July 1, 2024.", "id": "HDC4CE15BDD0545EA885BBADC4C1E7AF0", "header": "In-State tuition rates for members of qualifying Federal service" }, { "text": "6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service \n(a) In general \nChapter 9 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4081 et seq. ) is amended by adding at the end the following new section: 907. Termination of residential or motor vehicle leases and telephone service contracts \nThe terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act.. (b) Clerical amendment \nThe table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 906 the following new item: Sec. 907. Termination of residential or motor vehicle leases and telephone service contracts..", "id": "H82CC99A56D7149E9A7DEC41768BC6F31", "header": "Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service" }, { "text": "907. Termination of residential or motor vehicle leases and telephone service contracts \nThe terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act.", "id": "H4FC0A5F5C70A427089B5A06DFD3298D5", "header": "Termination of residential or motor vehicle leases and telephone service contracts" }, { "text": "6301. Short title \nThis title may be cited as the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021.", "id": "HCBDE517C4F9E409F95271BDAD5F99D81", "header": "Short title" }, { "text": "6302. Clarifying amendments to definitions \nSection 1403 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4702 ) is amended— (1) by striking paragraph (5) and inserting the following new paragraph (5): (5) The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any other territory or possession of the United States. ; and (2) by striking paragraph (6), by inserting the following new paragraph (6): (6) The term eligible person means— (A) a permanent resident alien of the United States; (B) a citizen or national of the United States; (C) a citizen of the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau; or (D) any person who may be admitted to lawfully engage in occupations and establish residence as a nonimmigrant in the United States as permitted under the Compact of Free Association agreements with the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau..", "id": "H699A908F6D094263BCF2E29FDB4E8871", "header": "Clarifying amendments to definitions" }, { "text": "6303. Barry Goldwater Scholarship and Excellence in Education Awards \n(a) Award of scholarships, fellowships, and research internships \nSection 1405(a) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4704(a) ) is amended— (1) in the subsection heading, by striking Award of scholarships and fellowships and inserting Award of scholarships, fellowships, and research internships ; (2) in paragraph (1)— (A) by striking scholarships and fellowships and inserting scholarships, fellowships, and research internships ; and (B) by striking science and mathematics and inserting the natural sciences, engineering, and mathematics ; (3) in paragraph (2), by striking mathematics and the natural sciences and inserting the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ) ; (4) in paragraph (3), by striking mathematics and the natural sciences and inserting the natural sciences, engineering, and mathematics ; (5) by redesignating paragraph (4) as paragraph (5); (6) in paragraph (5), as so redesignated, by striking scholarships and fellowships and inserting scholarships, fellowships, and research internships ; and (7) by inserting after paragraph (3) the following: (4) Research internships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ).. (b) Barry Goldwater Scholars and Research Interns \nSection 1405(b) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4704(b) ) is amended— (1) in the subsection heading, by adding and Research Interns after Scholars ; and (2) by adding at the end the following new sentence: Recipients of research internships under this title shall be known as Barry Goldwater Interns..", "id": "H49CCAD2746AC45538B8636954A6DA2F9", "header": "Barry Goldwater Scholarship and Excellence in Education Awards" }, { "text": "6304. Stipends \nSection 1406 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4705 ) is amended by adding at the end the following: Each person awarded a research internship under this title shall receive a stipend as may be prescribed by the Board, which shall not exceed the maximum stipend amount awarded for a scholarship or fellowship..", "id": "H53B47B61FAC644EB9F72C9BFD1CBA80D", "header": "Stipends" }, { "text": "6305. Scholarship and research internship conditions \nSection 1407 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4706 ) is amended— (1) in the section heading, by inserting and research internship after scholarship ; (2) in subsection (a)— (A) by striking the subsection heading and inserting Scholarship conditions ; and (B) by striking and devoting full time to study or research and is not engaging in gainful employment other than employment approved by the Foundation ; (3) in subsection (b), by striking the subsection heading and inserting Reports on scholarships ; and (4) by adding at the end the following: (c) Research internship conditions \nA person awarded a research internship under this title may receive payments authorized under this title only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency pursuant to regulations of the Board. (d) Reports on research internships \nThe Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a research internship under this title. Such reports may be accompanied by a certificate from an appropriate official at the institution of higher education or internship employer, approved by the Foundation, stating that such person is maintaining satisfactory progress in the internship..", "id": "HEF3DC72B64CE4DC5B6B4FA8E9CF41E67", "header": "Scholarship and research internship conditions" }, { "text": "6306. Sustainable investments of funds \nSection 1408 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4707 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Investment in securities \nNotwithstanding subsection (b), the Secretary of the Treasury may invest any public or private funds received by the Foundation after the date of enactment of the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021 in securities other than or in addition to public debt securities of the United States, if— (1) the Secretary receives a determination from the Board that such investments are necessary to enable the Foundation to carry out the purposes of this title; and (2) the securities in which such funds are invested are traded in established United States markets. (d) Construction \nNothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 4704, or to increase the amount of the stipend authorized by section 4705, as the Board considers appropriate and is otherwise consistent with the requirements of this title..", "id": "HCB27956F6DD744BA8754F3EA00518E61", "header": "Sustainable investments of funds" }, { "text": "6307. Administrative provisions \nSection 1411(a) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4710(a) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) appoint and fix the rates of basic pay of not more than three employees (in addition to the Executive Secretary appointed under section 4709) to carry out the provisions of this title, without regard to the provisions in chapter 33 of title 5, United States Code, governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that— (A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under section 5332 of title 5, United States Code; and (B) the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, United States Code, subject to the applicable limitation established under subsection (g) of such section; ; (2) in paragraph (2), by striking grade GS–18 under section 5332 of such title and inserting level IV of the Executive Schedule ; (3) in paragraph (7), by striking and at the end; (4) by redesignating paragraph (8) as paragraph (10); and (5) by inserting after paragraph (7) the following: (8) expend not more than 5 percent of the Foundation’s annual operating budget on programs that, in addition to or in conjunction with the Foundation’s scholarship financial awards, support the development of Goldwater Scholars throughout their professional careers; (9) expend not more than 5 percent of the Foundation’s annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and.", "id": "H47E2A404D77C4BA190B490A475F54C0D", "header": "Administrative provisions" }, { "text": "6401. Employee engagement steering committee and action plan \n(a) In general \nTitle VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is amended by adding at the end the following new section: 711. Employee engagement \n(a) Steering committee \nNot later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: (1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. (2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. (3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. (4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. (5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications. (b) Action plan; reporting \nThe Secretary, acting through the Chief Human Capital Officer, shall— (1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and (2) require the head of each component to— (A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; (B) monitor progress on implementation of such action plan; and (C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. (c) Termination \nThis section shall terminate on the date that is five years after the date of the enactment of this section.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item: Sec. 711. Employee engagement.. (c) Submissions to Congress \n(1) Department-wide employee engagement action plan \nThe Secretary of Homeland Security, acting through the Chief Human Capital Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the Department-wide employee engagement action plan required under subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of such plan under such subsection (b)(1). (2) Component-specific employee engagement plans \nEach head of a component of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the component-specific employee engagement plan of each such component required under subsection (b)(2) of section 711 of the Homeland Security Act of 2002 not later than 30 days after the issuance of each such plan under such subsection (b)(2).", "id": "H20FD794620864A718DF86E7E5841C81A", "header": "Employee engagement steering committee and action plan" }, { "text": "711. Employee engagement \n(a) Steering committee \nNot later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: (1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. (2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. (3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. (4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. (5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications. (b) Action plan; reporting \nThe Secretary, acting through the Chief Human Capital Officer, shall— (1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and (2) require the head of each component to— (A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; (B) monitor progress on implementation of such action plan; and (C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. (c) Termination \nThis section shall terminate on the date that is five years after the date of the enactment of this section.", "id": "HA3B37FF504B34BA79DCB4E8FF7E75B21", "header": "Employee engagement" }, { "text": "6402. Annual employee award program \n(a) In general \nTitle VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ), as amended by section 6401 of this Act, is further amended by adding at the end the following new section: 712. Annual employee award program \n(a) In general \nThe Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall— (1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level; (2) publicize within the Department how any employee or group of employees may be nominated for an award; (3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; (4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and (5) publicize such program within the Department. (b) Internal review board \nThe internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees. (c) Rule of construction \nNothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by section 6401 of this Act, is further amended by inserting after the item relating to section 711 the following new item: Sec. 712. Annual employee award program..", "id": "H6F3A287A60534CAF8CB08F3334369EFE", "header": "Annual employee award program" }, { "text": "712. Annual employee award program \n(a) In general \nThe Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall— (1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level; (2) publicize within the Department how any employee or group of employees may be nominated for an award; (3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; (4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and (5) publicize such program within the Department. (b) Internal review board \nThe internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees. (c) Rule of construction \nNothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.", "id": "HC46D449AFE014EBD878AA171CAD81A46", "header": "Annual employee award program" }, { "text": "6403. Chief Human Capital Officer responsibilities \nSection 704 of the Homeland Security Act of 2002 ( 6 U.S.C. 344 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by inserting , including with respect to leader development and employee engagement, after policies ; (ii) by striking and in line and inserting , in line ; and (iii) by inserting and informed by best practices within the Federal Government and the private sector, after priorities, ; (B) in paragraph (2), by striking develop performance measures to provide a basis for monitoring and evaluating and inserting use performance measures to evaluate, on an ongoing basis, ; (C) in paragraph (3), by inserting that, to the extent practicable, are informed by employee feedback after policies ; (D) in paragraph (4), by inserting including leader development and employee engagement programs, before in coordination ; (E) in paragraph (5), by inserting before the semicolon at the end the following: that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives ; (F) by redesignating paragraphs (9) and (10) as paragraphs (13) and (14), respectively; and (G) by inserting after paragraph (8) the following new paragraphs: (9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs; (10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees; (11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department; (12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives; ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection: (d) Chief Learning and Engagement Officer \nThe Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section. ; and (4) in subsection (e), as so redesignated— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (1) the following new paragraphs: (2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction; (3) information on the progress of Departmentwide strategic workforce planning efforts as determined under paragraph (2) of subsection (b); (4) information on the activities of the steering committee established pursuant to section 711(a), including the number of meetings, types of materials developed and distributed, and recommendations made to the Secretary;.", "id": "HCB28DDB7ABBF46EE9C9B70B0ED97AE5D", "header": "Chief Human Capital Officer responsibilities" }, { "text": "6404. Independent investigation and implementation plan \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall investigate whether the application in the Department of Homeland Security of discipline and adverse actions for managers and non-managers are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department that are appropriately calibrated to address the identified misconduct, taking into account relevant aggravating and mitigating factors. (b) Consultation \nIn carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the Under Secretary for Management of the Department of Homeland Security and the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by section 6401(a) of this Act). (c) Action by Under Secretary for Management \nUpon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States in such investigation. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 711.", "id": "HD912034D59A44CAF8CDB58A4424AECF0", "header": "Independent investigation and implementation plan" }, { "text": "6405. Authorization of the acquisition professional career program \n(a) In general \nTitle VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ), as amended by sections 6401 and 6402 of this Act, is further amended by adding at the end the following new section: 713. Acquisition professional career program \n(a) Establishment \nThere is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. (b) Administration \nThe Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). (c) Program requirements \nThe Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. (1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. (2) Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program. (3) Carry out recruitment efforts to attract candidates— (A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; (B) with diverse work experience outside of the Federal Government; or (C) with military service. (4) Hire eligible candidates for designated positions under the program. (5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. (6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. (d) Reports \nNot later than one year after the date of the enactment of this section, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: (1) The number of candidates approved for the program. (2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information. (3) A breakdown of the number of participants hired under the program by type of acquisition position. (4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. (5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available. (6) The Department’s recruiting efforts for the program. (7) The Department’s efforts to promote retention of program participants. (e) Definitions \nIn this section: (1) Hispanic-serving institution \nThe term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (2) Historically Black colleges and universities \nThe term historically Black colleges and universities has the meaning given the term part B institution in section 322(2) of Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ). (3) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by sections 6401 and 6402 of this Act, is further amended by inserting after the item relating to section 712 the following new item: Sec. 713. Acquisition professional career program..", "id": "H9D2684A75EEE4736A2A691F46D39FEC1", "header": "Authorization of the acquisition professional career program" }, { "text": "713. Acquisition professional career program \n(a) Establishment \nThere is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. (b) Administration \nThe Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). (c) Program requirements \nThe Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. (1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. (2) Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program. (3) Carry out recruitment efforts to attract candidates— (A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; (B) with diverse work experience outside of the Federal Government; or (C) with military service. (4) Hire eligible candidates for designated positions under the program. (5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. (6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. (d) Reports \nNot later than one year after the date of the enactment of this section, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: (1) The number of candidates approved for the program. (2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information. (3) A breakdown of the number of participants hired under the program by type of acquisition position. (4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. (5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available. (6) The Department’s recruiting efforts for the program. (7) The Department’s efforts to promote retention of program participants. (e) Definitions \nIn this section: (1) Hispanic-serving institution \nThe term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (2) Historically Black colleges and universities \nThe term historically Black colleges and universities has the meaning given the term part B institution in section 322(2) of Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ). (3) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "H594F9DD8EBC442E98510644D3B7BF8F6", "header": "Acquisition professional career program" }, { "text": "6406. National urban security technology laboratory \n(a) In general \nTitle III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) is amended by adding at the end the following new section: 322. National urban security technology laboratory \n(a) In general \nThe Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2) of this Act. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. (b) Laboratory described \nThe laboratory described in this subsection is the laboratory— (1) known, as of the date of the enactment of this section, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to section 303(1)(E) of this Act. (c) Laboratory activities \nThe National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. (d) Rule of construction \nNothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 321 the following new item: Sec. 322. National Urban Security Technology Laboratory..", "id": "H8EA01C66F79A4ECCBB5CB22FA10770B1", "header": "National urban security technology laboratory" }, { "text": "322. National urban security technology laboratory \n(a) In general \nThe Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2) of this Act. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. (b) Laboratory described \nThe laboratory described in this subsection is the laboratory— (1) known, as of the date of the enactment of this section, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to section 303(1)(E) of this Act. (c) Laboratory activities \nThe National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. (d) Rule of construction \nNothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.", "id": "H1FBCB48A875E4FF58296C0EA1F3852A9", "header": "National urban security technology laboratory" }, { "text": "6407. Department of Homeland Security Blue Campaign enhancement \nSection 434 of the Homeland Security Act of 2002 ( 6 U.S.C. 242 ) is amended— (1) in subsection (e)(6), by striking utilizing resources, and inserting developing and utilizing, in consultation with the Blue Campaign Advisory Board established pursuant to subsection (g), resources ; and (2) by adding at the end the following new subsections: (f) Web-based training programs \nTo enhance training opportunities, the Director of the Blue Campaign shall develop web-based interactive training videos that utilize a learning management system to provide online training opportunities. During the 10-year period beginning on the date that is 90 days after the date of the enactment of this subsection such training opportunities shall be made available to the following individuals: (1) Federal, State, local, Tribal, and territorial law enforcement officers. (2) Non-Federal correction system personnel. (3) Such other individuals as the Director determines appropriate. (g) Blue campaign advisory board \n(1) In general \nThere is established in the Department a Blue Campaign Advisory Board, which shall be comprised of representatives assigned by the Secretary from— (A) the Office for Civil Rights and Civil Liberties of the Department; (B) the Privacy Office of the Department; and (C) not fewer than four other separate components or offices of the Department. (2) Charter \nThe Secretary is authorized to issue a charter for the Blue Campaign Advisory Board, and such charter shall specify the following: (A) The Board’s mission, goals, and scope of its activities. (B) The duties of the Board’s representatives. (C) The frequency of the Board’s meetings. (3) Consultation \nThe Director shall consult the Blue Campaign Advisory Board and, as appropriate, experts from other components and offices of the Center for Countering Human Trafficking of the Department regarding the following: (A) Recruitment tactics used by human traffickers to inform the development of training and materials by the Blue Campaign. (B) The development of effective awareness tools for distribution to Federal and non-Federal officials to identify and prevent instances of human trafficking. (C) Identification of additional persons or entities that may be uniquely positioned to recognize signs of human trafficking and the development of materials for such persons. (h) Consultation \nWith regard to the development of programs under the Blue Campaign and the implementation of such programs, the Director is authorized to consult with State, local, Tribal, and territorial agencies, non-governmental organizations, private sector organizations, and experts..", "id": "HBB9D727F6A0D43D89AE9E2B912DDE3E5", "header": "Department of Homeland Security Blue Campaign enhancement" }, { "text": "6408. Medical countermeasures program \n(a) In general \nSubtitle C of title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 597 ) is amended by adding at the end the following new section: 1932. Medical countermeasures \n(a) In general \nSubject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to— (1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and (2) support the mission continuity of the Department. (b) Oversight \nThe Secretary, acting through the Chief Medical Officer of the Department, shall— (1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and (2) develop standards for— (A) medical countermeasure storage, security, dispensing, and documentation; (B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate; (C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations; (D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures; (E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; (F) providing training to employees of the Department on medical countermeasures; and (G) supporting dispensing exercises. (c) Medical countermeasures working group \nThe Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent. (d) Medical countermeasures management \nNot later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including— (1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated; (2) a replenishment plan; and (3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases. (e) Transfer \nNot later than 120 days after the date of enactment of this section, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer. (f) Stockpile elements \nIn determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department— (1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and (2) may use, if available— (A) chemical, biological, radiological, and nuclear risk assessments of the Department; and (B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention. (g) Briefing \nNot later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding— (1) the plan developed under subsection (d); and (2) implementation of the requirements of this section. (h) Definition \nIn this section, the term medical countermeasures means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 1931 the following new item: Sec. 1932. Medical countermeasures..", "id": "HEB5D092ECE8F45F0869F9B75AD3FFE73", "header": "Medical countermeasures program" }, { "text": "1932. Medical countermeasures \n(a) In general \nSubject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to— (1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and (2) support the mission continuity of the Department. (b) Oversight \nThe Secretary, acting through the Chief Medical Officer of the Department, shall— (1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and (2) develop standards for— (A) medical countermeasure storage, security, dispensing, and documentation; (B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate; (C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations; (D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures; (E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; (F) providing training to employees of the Department on medical countermeasures; and (G) supporting dispensing exercises. (c) Medical countermeasures working group \nThe Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent. (d) Medical countermeasures management \nNot later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including— (1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated; (2) a replenishment plan; and (3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases. (e) Transfer \nNot later than 120 days after the date of enactment of this section, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer. (f) Stockpile elements \nIn determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department— (1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and (2) may use, if available— (A) chemical, biological, radiological, and nuclear risk assessments of the Department; and (B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention. (g) Briefing \nNot later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding— (1) the plan developed under subsection (d); and (2) implementation of the requirements of this section. (h) Definition \nIn this section, the term medical countermeasures means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic.", "id": "HEA8033C67DCB49218B61F9303DA8559D", "header": "Medical countermeasures" }, { "text": "6409. Critical domain research and development \n(a) In general \nSubtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 et seq. ) is amended by adding at the end the following new section: 890B. Homeland security critical domain research and development \n(a) In general \n(1) Research and development \nThe Secretary is authorized to conduct research and development to— (A) identify United States critical domains for economic security and homeland security; and (B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security. (2) Requirements \n(A) Risk analysis of critical domains \nThe research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following: (i) The vulnerability and resilience of relevant supply chains. (ii) Foreign production, processing, and manufacturing methods. (iii) Influence of malign economic actors. (iv) Asset ownership. (v) Relationships within the supply chains of such domains. (vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction. (B) Additional research into high-risk critical domains \nBased on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall— (i) describe the underlying infrastructure and processes; (ii) analyze present and projected performance of industries that comprise or support such domain; (iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area; (iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries; (v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints; (vi) identify and define needs and requirements to establish supply resiliency within each such domain; and (vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances. (3) Consultation \nIn conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders. (4) Publication \nBeginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026. (b) Submission to Congress \nNot later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report. (c) Definitions \nIn this section: (1) United States critical domains for economic security \nThe term United States critical domains for economic security means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States. (2) Economic security \nThe term economic security means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values. (d) Authorization of appropriations \nThere is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 890A the following new item: Sec. 890B. Homeland security critical domain research and development..", "id": "H6FA1DF492F034379AF74D016808948B8", "header": "Critical domain research and development" }, { "text": "890B. Homeland security critical domain research and development \n(a) In general \n(1) Research and development \nThe Secretary is authorized to conduct research and development to— (A) identify United States critical domains for economic security and homeland security; and (B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security. (2) Requirements \n(A) Risk analysis of critical domains \nThe research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following: (i) The vulnerability and resilience of relevant supply chains. (ii) Foreign production, processing, and manufacturing methods. (iii) Influence of malign economic actors. (iv) Asset ownership. (v) Relationships within the supply chains of such domains. (vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction. (B) Additional research into high-risk critical domains \nBased on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall— (i) describe the underlying infrastructure and processes; (ii) analyze present and projected performance of industries that comprise or support such domain; (iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area; (iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries; (v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints; (vi) identify and define needs and requirements to establish supply resiliency within each such domain; and (vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances. (3) Consultation \nIn conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders. (4) Publication \nBeginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026. (b) Submission to Congress \nNot later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report. (c) Definitions \nIn this section: (1) United States critical domains for economic security \nThe term United States critical domains for economic security means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States. (2) Economic security \nThe term economic security means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values. (d) Authorization of appropriations \nThere is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.", "id": "H502070E82C6D47F3B8FDDF6766B0171E", "header": "Homeland security critical domain research and development" }, { "text": "6410. CBP Donations Acceptance Program Reauthorization \nSection 482 of the Homeland Security Act of 2002 ( 6 U.S.C. 301a ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting or -leased before land ; and (ii) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting or -leased before land ; (II) in clause (i), by striking $50,000,000 and inserting $75,000,000 ; and (III) by amending clause (ii) to read as follows: (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years. ; and (B) in paragraph (3), in the matter preceding subparagraph (A), by inserting or -leased before land ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking Administrator of the General Services Administration and inserting Administrator of General Services ; (B) in paragraph (1)(C)— (i) in clause (i), by striking $50,000,000 and inserting $75,000,000 ; and (ii) by amending clause (ii) to read as follows: (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years. ; and (C) in paragraph (4)— (i) in subparagraph (A), by striking terminate and all that follows through the period at the end and inserting terminate on December 31, 2026. ; and (ii) in subparagraph (B), by striking carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date and inserting a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date ; (3) in subsection (c)(6)(B), by striking the donation will not be used for the construction of a detention facility or a border fence or wall. and inserting the following: (i) the donation will not be used for the construction of a detention facility or a border fence or wall; and (ii) the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise. ; (4) in subsection (d), in the matter preceding paragraph (1), by striking annual and inserting biennial ; and (5) in subsection (e), by striking Administrator of the General Services Administration and inserting Administrator of General Services.", "id": "H59FD60923CD2409DBA19F7500CDF0583", "header": "CBP Donations Acceptance Program Reauthorization" }, { "text": "6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response \n(a) Survey \nNot later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (referred to in this section as the Administrator ), in consultation with the labor organization certified as the exclusive representative of full- and part-time nonsupervisory Administration personnel carrying out screening functions under section 44901 of title 49, United States Code, shall conduct a survey of the Transportation Security Administration (referred to in this section as the Administration ) workforce regarding the Administration’s response to the COVID–19 pandemic. Such survey shall be conducted in a manner that allows for the greatest practicable level of workforce participation. (b) Contents \nIn conducting the survey required under subsection (a), the Administrator shall solicit feedback on the following: (1) The Administration’s communication and collaboration with the Administration’s workforce regarding the Administration’s response to the COVID–19 pandemic and efforts to mitigate and monitor transmission of COVID–19 among its workforce, including through— (A) providing employees with personal protective equipment and mandating its use; (B) modifying screening procedures and Administration operations to reduce transmission among officers and passengers and ensuring compliance with such changes; (C) adjusting policies regarding scheduling, leave, and telework; (D) outreach as a part of contact tracing when an employee has tested positive for COVID–19; and (E) encouraging COVID–19 vaccinations and efforts to assist employees that seek to be vaccinated such as communicating the availability of duty time for travel to vaccination sites and recovery from vaccine side effects. (2) Any other topic determined appropriate by the Administrator. (c) Report \nNot later than 30 days after completing the survey required under subsection (a), the Administration shall provide a report summarizing the results of the survey to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.", "id": "HB98034C767544E749BC306BE6E00E090", "header": "Survey of the Transportation Security Administration workforce regarding COVID–19 response" }, { "text": "6412. Transportation Security Preparedness Plan \n(a) Plan required \nSection 114 of title 49, United States Code, is amended by adding at the end the following new subsection: (x) Transportation Security Preparedness Plan \n(1) In general \nNot later than two years after the date of the enactment of this subsection, the Secretary of Homeland Security, acting through the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), shall develop a transportation security preparedness plan to address the event of a communicable disease outbreak. The Secretary, acting through the Administrator, shall ensure such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks. (2) Considerations \nIn developing the plan required under paragraph (1), the Secretary, acting through the Administrator, shall consider each of the following: (A) The findings of the survey required under section 6411 of the National Defense Authorization Act for Fiscal Year 2022. (B) The findings of the analysis required under section 6414 of the National Defense Authorization Act for Fiscal Year 2022. (C) The plan required under section 6415 of the National Defense Authorization Act for Fiscal Year 2022. (D) All relevant reports and recommendations regarding the Administration’s response to the COVID–19 pandemic, including any reports and recommendations issued by the Comptroller General and the Inspector General of the Department of Homeland Security. (E) Lessons learned from Federal interagency efforts during the COVID–19 pandemic. (3) Contents of plan \nThe plan developed under paragraph (1) shall include each of the following: (A) Plans for communicating and collaborating in the event of a communicable disease outbreak with the following partners: (i) Appropriate Federal departments and agencies, including the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Department of Transportation, the Department of Labor, and appropriate interagency task forces. (ii) The workforce of the Administration, including through the labor organization certified as the exclusive representative of full- and part-time non-supervisory Administration personnel carrying out screening functions under section 44901 of this title. (iii) International partners, including the International Civil Aviation Organization and foreign governments, airports, and air carriers. (iv) Public and private stakeholders, as such term is defined under subsection (t)(1)(C). (v) The traveling public. (B) Plans for protecting the safety of the Transportation Security Administration workforce, including— (i) reducing the risk of communicable disease transmission at screening checkpoints and within the Administration’s workforce related to the Administration’s transportation security operations and mission; (ii) ensuring the safety and hygiene of screening checkpoints and other workstations; (iii) supporting equitable and appropriate access to relevant vaccines, prescriptions, and other medical care; and (iv) tracking rates of employee illness, recovery, and death. (C) Criteria for determining the conditions that may warrant the integration of additional actions in the aviation screening system in response to the communicable disease outbreak and a range of potential roles and responsibilities that align with such conditions. (D) Contingency plans for temporarily adjusting checkpoint operations to provide for passenger and employee safety while maintaining security during the communicable disease outbreak. (E) Provisions setting forth criteria for establishing an interagency task force or other standing engagement platform with other appropriate Federal departments and agencies, including the Department of Health and Human Services and the Department of Transportation, to address such communicable disease outbreak. (F) A description of scenarios in which the Administrator should consider exercising authorities provided under subsection (g) and for what purposes. (G) Considerations for assessing the appropriateness of issuing security directives and emergency amendments to regulated parties in various modes of transportation, including surface transportation, and plans for ensuring compliance with such measures. (H) A description of any potential obstacles, including funding constraints and limitations to authorities, that could restrict the ability of the Administration to respond appropriately to a communicable disease outbreak. (4) Dissemination \nUpon development of the plan required under paragraph (1), the Administrator shall disseminate the plan to the partners identified under paragraph (3)(A) and to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate. (5) Review of plan \nNot later than two years after the date on which the plan is disseminated under paragraph (4), and biennially thereafter, the Secretary, acting through the Administrator and in coordination with the Chief Medical Officer of the Department of Homeland Security, shall review the plan and, after consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), update the plan as appropriate.. (b) Comptroller General report \nNot later than one year after the date on which the transportation security preparedness plan required under subsection (x) of section 114 of title 49, United States Code, as added by subsection (a), is disseminated under paragraph (4) of such subsection (x), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of a study assessing the transportation security preparedness plan, including an analysis of— (1) whether such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks; and (2) the extent to which the Transportation Security Administration is prepared to implement the plan.", "id": "H237E784A6DDB4B4C9BC1950CA26E5B3B", "header": "Transportation Security Preparedness Plan" }, { "text": "6413. Authorization of Transportation Security Administration personnel details \n(a) Coordination \nPursuant to sections 106(m) and 114(m) of title 49, United States Code, the Administrator of the Transportation Security Administration may provide Transportation Security Administration personnel, who are not engaged in front line transportation security efforts, to other components of the Department and other Federal agencies to improve coordination with such components and agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States. (b) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding efforts to improve coordination with other components of the Department of Homeland Security and other Federal agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States.", "id": "H58F0F50E0F7E4FDBBC74A158B295192E", "header": "Authorization of Transportation Security Administration personnel details" }, { "text": "6414. Transportation Security Administration preparedness \n(a) Analysis \n(1) In general \nThe Administrator of the Transportation Security Administration shall conduct an analysis of preparedness of the transportation security system of the United States for public health threats. Such analysis shall assess, at a minimum, the following: (A) The risks of public health threats to the transportation security system of the United States, including to transportation hubs, transportation security stakeholders, Transportation Security Administration (TSA) personnel, and passengers. (B) Information sharing challenges among relevant components of the Department of Homeland Security, other Federal agencies, international entities, and transportation security stakeholders. (C) Impacts to TSA policies and procedures for securing the transportation security system. (2) Coordination \nThe analysis conducted of the risks described in paragraph (1)(A) shall be conducted in coordination with the Chief Medical Officer of the Department of Homeland Security, the Secretary of Health and Human Services, and transportation security stakeholders. (b) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees on the following: (1) The analysis required under subsection (a). (2) Technologies necessary to combat public health threats at security screening checkpoints, such as testing and screening technologies, including temperature screenings, to better protect from future public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area of an airport through such checkpoints, and the estimated cost of technology investments needed to fully implement across the aviation system solutions to such threats. (3) Policies and procedures implemented by TSA and transportation security stakeholders to protect from public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area through the security screening checkpoints, as well as future plans for additional measures relating to such protection. (4) The role of TSA in establishing priorities, developing solutions, and coordinating and sharing information with relevant domestic and international entities during a public health threat to the transportation security system, and how TSA can improve its leadership role in such areas. (c) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate. (2) The term sterile area has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations. (3) The term TSA means the Transportation Security Administration.", "id": "HE75C4785EB9F41BBA73BF61A881A96A2", "header": "Transportation Security Administration preparedness" }, { "text": "6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, shall issue and commence implementing a plan to enhance, as appropriate, security operations at airports during the COVID–19 national emergency in order to reduce risk of the spread of the coronavirus at passenger screening checkpoints and among the TSA workforce. (b) Contents \nThe plan required under subsection (a) shall include the following: (1) An identification of best practices developed and screening technologies deployed in response to the coronavirus among foreign governments, airports, and air carriers conducting aviation security screening operations, as well as among Federal agencies conducting similar security screening operations outside of airports, including in locations where the spread of the coronavirus has been successfully contained, that could be further integrated into the United States aviation security system. (2) Specific operational changes to aviation security screening operations informed by the identification of best practices and screening technologies under paragraph (1) that could be implemented without degrading aviation security and a corresponding timeline and costs for implementing such changes. (c) Considerations \nIn carrying out the identification of best practices under subsection (b), the Administrator shall take into consideration the following: (1) Aviation security screening procedures and practices in place at security screening locations, including procedures and practices implemented in response to the coronavirus. (2) Volume and average wait times at each such security screening location. (3) Public health measures already in place at each such security screening location. (4) The feasibility and effectiveness of implementing similar procedures and practices in locations where such are not already in place. (5) The feasibility and potential benefits to security, public health, and travel facilitation of continuing any procedures and practices implemented in response to the COVID–19 national emergency beyond the end of such emergency. (d) Consultation \nIn developing the plan required under subsection (a), the Administrator may consult with public and private stakeholders and the TSA workforce, including through the labor organization certified as the exclusive representative of full- and part-time nonsupervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code. (e) Submission \nUpon issuance of the plan required under subsection (a), the Administrator shall submit the plan to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (f) Issuance and implementation \nThe Administrator shall not be required to issue or implement, as the case may be, the plan required under subsection (a) upon the termination of the COVID–19 national emergency except to the extent the Administrator determines such issuance or implementation, as the case may be, to be feasible and beneficial to security screening operations. (g) GAO review \nNot later than one year after the issuance of the plan required under subsection (a) (if such plan is issued in accordance with subsection (f)), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review, if appropriate, of such plan and any efforts to implement such plan. (h) Definitions \nIn this section: (1) The term Administrator means the Administrator of the Transportation Security Administration. (2) The term coronavirus has the meaning given such term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ). (3) The term COVID–19 national emergency means the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) on March 13, 2020, with respect to the coronavirus. (4) The term public and private stakeholders has the meaning given such term in section 114(t)(1)(C) of title 49, United States Code. (5) The term TSA means the Transportation Security Administration.", "id": "HECF9462869C44F018D058E37DD6CBFDA", "header": "Plan to reduce the spread of coronavirus at passenger screening checkpoints" }, { "text": "6416. Comptroller General review of Department of Homeland Security trusted traveler programs \nNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of Department of Homeland Security trusted traveler programs. Such review shall examine the following: (1) The extent to which the Department of Homeland Security tracks data and monitors trends related to trusted traveler programs, including root causes for identity-matching errors resulting in an individual’s enrollment in a trusted traveler program being reinstated. (2) Whether the Department coordinates with the heads of other relevant Federal, State, local, Tribal, or territorial entities regarding redress procedures for disqualifying offenses not covered by the Department’s own redress processes but which offenses impact an individual’s enrollment in a trusted traveler program. (3) How the Department may improve individuals’ access to reconsideration procedures regarding a disqualifying offense for enrollment in a trusted traveler program that requires the involvement of any other Federal, State, local, Tribal, or territorial entity. (4) The extent to which travelers are informed about reconsideration procedures regarding enrollment in a trusted traveler program.", "id": "H367FD7B8B4B74FE98D0F610006F8790E", "header": "Comptroller General review of Department of Homeland Security trusted traveler programs" }, { "text": "6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon reenrollment in such a program by such an individual.", "id": "H12610FA4FC4F4A79AB679DA48B234BE7", "header": "Enrollment redress with respect to Department of Homeland Security trusted traveler programs" }, { "text": "6418. Threat information sharing \n(a) Prioritization \nThe Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under section 210A of the Homeland Security Act of 2002 ( 6 U.S.C. 124h ) from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participating State, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing, in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, of information regarding threats of terrorism and other threats, including targeted violence. (b) Intelligence products \nOfficers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on such products that relate to threats of terrorism and other threats, including targeted violence, to surface transportation assets that— (1) assist State, local, and Tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to such threats; (2) promote more consistent and timely sharing with and among jurisdictions of threat information; and (3) enhance the Department of Homeland Security’s situational awareness of such threats. (c) Clearances \nThe Secretary of Homeland Security shall make available to appropriate owners and operators of surface transportation assets, and to any other person that the Secretary determines appropriate to foster greater sharing of classified information relating to threats of terrorism and other threats, including targeted violence, to surface transportation assets, the process of application for security clearances under Executive Order No. 13549 (75 Fed. Reg. 162; relating to a classified national security information program) or any successor Executive order. (d) Report to Congress \nNot later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes a detailed description of the measures used to ensure privacy rights, civil rights, and civil liberties protections in carrying out this section. (e) GAO report \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the implementation of this section, including an assessment of the measures used to ensure privacy rights, civil rights, and civil liberties protections, and any recommendations to improve this implementation, together with any recommendations to improve information sharing with State, local, Tribal, territorial, and private sector entities to prevent, identify, and respond to threats of terrorism and other threats, including targeted violence, to surface transportation assets. (f) Definitions \nIn this section: (1) The term surface transportation asset includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1131(5) )); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of— (i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1151(4) )); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. (2) The term targeted violence means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death. (3) The term terrorism means the terms— (A) domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and (B) international terrorism (as such term is defined in section 2331(1) of title 18, United States Code).", "id": "HF4D765DA126B4E238750F07ABADAA92C", "header": "Threat information sharing" }, { "text": "6419. Local law enforcement security training \n(a) In general \nThe Secretary of Homeland Security, in consultation with public and private sector stakeholders, may in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to threats of terrorism and other threats, including targeted violence, at a surface transportation asset. (b) Requirements \nIf the Secretary of Homeland Security develops the training program described in subsection (a), such training program shall— (1) be informed by current information regarding tactics used by terrorists and others engaging in targeted violence; (2) include tactical instruction tailored to the diverse nature of the surface transportation asset operational environment; and (3) prioritize training officers from law enforcement agencies that are eligible for or receive grants under sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) and officers employed by railroad carriers that operate passenger service, including interstate passenger service. (c) Report \nIf the Secretary of Homeland Security develops the training program described in subsection (a), not later than one year after the date on which the Secretary first implements the program, and annually thereafter during each year the Secretary carries out the program, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the program. Each such report shall include, for the year covered by the report— (1) a description of the curriculum for the training and any changes to such curriculum; (2) an identification of any contracts entered into for the development or provision of training under the program; (3) information on the law enforcement agencies the personnel of which received the training, and for each such agency, the number of participants; and (4) a description of the measures used to ensure the program was carried out to provide for protections of privacy rights, civil rights, and civil liberties. (d) Definitions \nIn this section: (1) The term public and private sector stakeholders has the meaning given such term in section 114(t)(1)(c) of title 49, United States Code. (2) The term surface transportation asset includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1131(5) )); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of— (i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1151(4) )); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. (3) The term targeted violence means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death. (4) The term terrorism means the terms— (A) domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and (B) international terrorism (as such term is defined in section 2331(1) of title 18, United States Code).", "id": "H5BA60FA6CCCB47BC9333807BBA98B89D", "header": "Local law enforcement security training" }, { "text": "6420. Allowable uses of funds for public transportation security assistance grants \nSubparagraph (A) of section 1406(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135(b)(2) ; Public Law 110–53 ) is amended by inserting and associated backfill after security training.", "id": "HECBEE5F7E3F14A62A26C2DF3A30CD298", "header": "Allowable uses of funds for public transportation security assistance grants" }, { "text": "6421. Periods of performance for public transportation security assistance grants \nSection 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 ; Public Law 110–53 ) is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: (m) Periods of performance \n(1) In general \nExcept as provided in paragraph (2), funds provided pursuant to a grant awarded under this section for a use specified in subsection (b) shall remain available for use by a grant recipient for a period of not fewer than 36 months. (2) Exception \nFunds provided pursuant to a grant awarded under this section for a use specified in subparagraph (M) or (N) of subsection (b)(1) shall remain available for use by a grant recipient for a period of not fewer than 48 months..", "id": "H4799E5BAF23C429EA6DCE4208393B8CD", "header": "Periods of performance for public transportation security assistance grants" }, { "text": "6422. GAO review of public transportation security assistance grant program \n(a) In general \nThe Comptroller General of the United States shall conduct a review of the public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 ; Public Law 110–53 ). (b) Scope \nThe review required under paragraph (1) shall include the following: (1) An assessment of the type of projects funded under the public transportation security grant program referred to in such paragraph. (2) An assessment of the manner in which such projects address threats to public transportation infrastructure. (3) An assessment of the impact, if any, of sections 5342 through 5345 (including the amendments made by this Act) on types of projects funded under the public transportation security assistance grant program. (4) An assessment of the management and administration of public transportation security assistance grant program funds by grantees. (5) Recommendations to improve the manner in which public transportation security assistance grant program funds address vulnerabilities in public transportation infrastructure. (6) Recommendations to improve the management and administration of the public transportation security assistance grant program. (c) Report \nNot later than one year after the date of the enactment of this Act and again not later than five years after such date of enactment, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section.", "id": "H3871AF4D0A444A2AB59D9073B39047E4", "header": "GAO review of public transportation security assistance grant program" }, { "text": "6423. Sensitive security information; aviation security \n(a) Sensitive security information \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall— (A) ensure clear and consistent designation of Sensitive Security Information , including reasonable security justifications for such designation; (B) develop and implement a schedule to regularly review and update, as necessary, TSA Sensitive Security Information identification guidelines; (C) develop a tracking mechanism for all Sensitive Security Information redaction and designation challenges; (D) document justifications for changes in position regarding Sensitive Security Information redactions and designations, and make such changes accessible to TSA personnel for use with relevant stakeholders, including air carriers, airport operators, surface transportation operators, and State and local law enforcement, as necessary; and (E) ensure that TSA personnel are adequately trained on appropriate designation policies. (2) Stakeholder outreach \nNot later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall conduct outreach to relevant stakeholders described in paragraph (1)(D) that regularly are granted access to Sensitive Security Information to raise awareness of the TSA’s policies and guidelines governing the designation and use of Sensitive Security Information. (b) Aviation security \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop and implement guidelines with respect to domestic and last point of departure airports to— (A) ensure the inclusion, as appropriate, of air carriers, domestic airport operators, and other transportation security stakeholders in the development and implementation of security directives and emergency amendments; (B) document input provided by air carriers, domestic airport operators, and other transportation security stakeholders during the security directive and emergency amendment, development, and implementation processes; (C) define a process, including timeframes, and with the inclusion of feedback from air carriers, domestic airport operators, and other transportation security stakeholders, for cancelling or incorporating security directives and emergency amendments into security programs; (D) conduct engagement with foreign partners on the implementation of security directives and emergency amendments, as appropriate, including recognition if existing security measures at a last point of departure airport are found to provide commensurate security as intended by potential new security directives and emergency amendments; and (E) ensure that new security directives and emergency amendments are focused on defined security outcomes. (2) Briefing to Congress \nNot later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the guidelines described in paragraph (1). (3) Decisions not subject to judicial review \nNotwithstanding any other provision of law, any action of the Administrator of the Transportation Security Administration under paragraph (1) is not subject to judicial review.", "id": "H315DC765F2A54852AFC0CFA2535FE2AE", "header": "Sensitive security information; aviation security" }, { "text": "6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations \n(a) In general \nThe United States is authorized to participate in the Coalition for Epidemic Preparedness Innovations (referred to in this section as CEPI ). (b) Investors council and board of directors \n(1) Initial designation \nThe President shall designate an employee of the United States Agency for International Development to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States during the period beginning on the date of such designation and ending on September 30, 2022. (2) Ongoing designations \nThe President may designate an employee of the relevant Federal department or agency with fiduciary responsibility for United States contributions to CEPI to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States. (3) Qualifications \nAny employee designated pursuant to paragraph (1) or (2) shall have demonstrated knowledge and experience in the field of development and, if designated from a Federal department or agency with primary fiduciary responsibility for United States contributions pursuant to paragraph (2), in the field of public health, epidemiology, or medicine. (4) Coordination \nIn carrying out the responsibilities under this section, any employee designated pursuant to paragraph (1) or (2) shall coordinate with the Secretary of Health and Human Services to promote alignment, as appropriate, between CEPI and the strategic objectives and activities of the Secretary of Health and Human Services with respect to the research, development, and procurement of medical countermeasures, consistent with titles III and XXVIII of the Public Health Service Act ( 42 U.S.C. 241 et seq. and 300hh et seq.). (c) Consultation \nNot later than 60 days after the date of the enactment of this Act, the employee designated pursuant to subsection (b)(1) shall consult with the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives regarding— (1) the manner and extent to which the United States plans to participate in CEPI, including through the governance of CEPI; (2) any planned financial contributions from the United States to CEPI; and (3) how participation in CEPI is expected to support— (A) the applicable revision of the National Biodefense Strategy required under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 ( 6 U.S.C. 104 ); and (B) any other relevant programs relating to global health security and biodefense.", "id": "HD24F6933B2B342219EAC36904D3EDC02", "header": "Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations" }, { "text": "6502. Required notification and reports related to Peacekeeping Operations account \n(a) Congressional notification \nNot later than 15 days prior to the obligation of amounts made available to provide assistance pursuant to section 551 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 ), the Secretary of State shall submit to the appropriate congressional committees a notification, in accordance with the applicable procedures under section 634A of such Act ( 22 U.S.C. 2394–1 ), that includes, with respect to such assistance, the following: (1) An itemized identification of each foreign country or entity the capabilities of which the assistance is intended to support. (2) An identification of the amount, type, and purpose of assistance to be provided to each such country or entity. (3) An assessment of the capacity of each such country or entity to effectively implement, benefit from, or use the assistance to be provided for the intended purpose identified under paragraph (2). (4) A description of plans to encourage and monitor adherence to international human rights and humanitarian law by the foreign country or entity receiving the assistance. (5) An identification of any implementers, including third party contractors or other such entities, and the anticipated timeline for implementing any activities to carry out the assistance. (6) As applicable, a description of plans to sustain and account for any military or security equipment and subsistence funds provided as an element of the assistance beyond the date of completion of such activities, including the estimated cost and source of funds to support such sustainment. (7) An assessment of how such activities promote the following: (A) The diplomatic and national security objectives of the United States. (B) The objectives and regional strategy of the country or entity receiving the assistance. (C) The priorities of the United States regarding the promotion of good governance, rule of law, the protection of civilians, and human rights. (D) The peacekeeping capabilities of partner countries of the country or entity receiving the assistance, including an explanation if such activities do not support peacekeeping. (8) An assessment of the possible impact of such activities on local political and social dynamics, including a description of any consultations with local civil society. (b) Reports on programs under Peacekeeping Operations account \n(1) Annual report \nNot later than 90 days after the enactment of this Act, and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report on any security assistance made available, during the three fiscal years preceding the date on which the report is submitted, to foreign countries that received assistance authorized under section 551 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 ) for any of the following purposes: (A) Building the capacity of the foreign military, border security, or law enforcement entities, of the country. (B) Strengthening the rule of law of the country. (C) Countering violent extremist ideology or recruitment within the country. (2) Matters \nEach report under paragraph (1) shall include, with respect to each foreign country that has received assistance as specified in such paragraph, the following: (A) An identification of the authority used to provide such assistance and a detailed description of the purpose of assistance provided. (B) An identification of the amount of such assistance and the program under which such assistance was provided. (C) A description of the arrangements to sustain any equipment provided to the country as an element of such assistance beyond the date of completion of the assistance, including the estimated cost and source of funds to support such sustainment. (D) An assessment of the impact of such assistance on the peacekeeping capabilities and security situation of the country, including with respect to the levels of conflict and violence, the local, political, and social dynamics, and the human rights record, of the country. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committees on Appropriations of the Senate and of the House of Representatives.", "id": "H5C8724DF789740D1A3BE1AE254BF0992", "header": "Required notification and reports related to Peacekeeping Operations account" }, { "text": "6503. Transnational Repression Accountability and Prevention \n(a) Sense of Congress \nIt is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL's databases and processes, including Notice and Diffusion mechanisms, to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists. (b) Support for INTERPOL institutional reforms \nThe Attorney General and the Secretary of State shall— (1) use the voice, vote, and influence of the United States, as appropriate, within INTERPOL’s General Assembly and Executive Committee to promote reforms aimed at improving the transparency of INTERPOL and ensuring its operation consistent with its Constitution, particularly articles 2 and 3, and Rules on the Processing of Data, including— (A) supporting INTERPOL’s reforms enhancing the screening process for Notices, Diffusions, and other INTERPOL communications to ensure they comply with INTERPOL’s Constitution and Rules on the Processing of Data (RPD); (B) supporting and strengthening INTERPOL’s coordination with the Commission for Control of INTERPOL’s Files (CCF) in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of articles 2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit such member country from seeking the publication or issuance of any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual based on the same set of claims or facts; (C) increasing, to the extent practicable, dedicated funding to the CCF and the Notices and Diffusions Task Force in order to further expand operations related to the review of requests for red notices and red diffusions; (D) supporting candidates for positions within INTERPOL’s structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have demonstrated experience relating to and respect for the rule of law; (E) seeking to require INTERPOL in its annual report to provide a detailed account, disaggregated by member country or entity of— (i) the number of Notice requests, disaggregated by color, that it received; (ii) the number of Notice requests, disaggregated by color, that it rejected; (iii) the category of violation identified in each instance of a rejected Notice; (iv) the number of Diffusions that it cancelled without reference to decisions by the CCF; and (v) the sources of all INTERPOL income during the reporting period; and (F) supporting greater transparency by the CCF in its annual report by providing a detailed account, disaggregated by country, of— (i) the number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications; and (ii) the category of violation alleged in each such complaint; (2) inform the INTERPOL General Secretariat about incidents in which member countries abuse INTERPOL communications for politically motivated or other unlawful purposes so that, as appropriate, action can be taken by INTERPOL; and (3) request to censure member countries that repeatedly abuse and misuse INTERPOL's red notice and red diffusion mechanisms, including restricting the access of those countries to INTERPOL's data and information systems. (c) Report on INTERPOL \n(1) In general \nNot later than 180 days after the date of enactment of this Act, and biannually thereafter for a period of 4 years, the Attorney General and the Secretary of State, in consultation with the heads of other relevant United States Government departments or agencies, shall submit to the appropriate committees of Congress a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years. (2) Elements \nThe report required under paragraph (1) shall include the following elements: (A) A list of countries that the Attorney General and the Secretary determine have repeatedly abused and misused the red notice and red diffusion mechanisms for political purposes. (B) A description of the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited. (C) An assessment of the adequacy of INTERPOL mechanisms for challenging abusive requests, including the Commission for the Control of INTERPOL’s Files (CCF), an assessment of the CCF’s March 2017 Operating Rules, and any shortcoming the United States believes should be addressed. (D) A description of how INTERPOL's General Secretariat identifies requests for red notice or red diffusions that are politically motivated or are otherwise in violation of INTERPOL's rules and how INTERPOL reviews and addresses cases in which a member country has abused or misused the red notice and red diffusion mechanisms for overtly political purposes. (E) A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents. (F) A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (G) A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity. (H) A description of United States advocacy for reform and good governance within INTERPOL. (I) A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (3) Form of report \nEach report required under this subsection shall be submitted in unclassified form, but may include a classified annex, as appropriate. The unclassified portion of the report shall be posted on a publicly available website of the Department of State and of the Department of Justice. (4) Briefing \nNot later than 30 days after the submission of each report under paragraph (1), the Department of Justice and the Department of State, in coordination with other relevant United States Government departments and agencies, shall brief the appropriate committees of Congress on the content of the reports and recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL. (d) Prohibition regarding basis for extradition \nNo United States Government department or agency may extradite an individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual. (e) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (2) INTERPOL communications \nThe term INTERPOL communications means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL.", "id": "H06F9CE48FF9C42EFB77C5C0D29DE676F", "header": "Transnational Repression Accountability and Prevention" }, { "text": "6504. Human rights awareness for American athletic delegations \n(a) Sense of Congress \nIt is the sense of Congress that individuals representing the United States at international athletic competitions in foreign countries should have the opportunity to be informed about human rights and security concerns in such countries and how best to safeguard their personal security and privacy. (b) In general \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State shall devise and implement a strategy for disseminating briefing materials, including information described in subsection (c), to individuals representing the United States at international athletic competitions in a covered country. (2) Timing and form of materials \n(A) In general \nThe briefing materials referred to in paragraph (1) shall be offered not later than 180 days prior to the commencement of an international athletic competition in a covered country. (B) Form of delivery \nBriefing materials related to the human rights record of covered countries may be delivered electronically or disseminated in person, as appropriate. (C) Special consideration \nInformation briefing materials related to personal security risks may be offered electronically, in written format, by video teleconference, or prerecorded video. (3) Consultations \nIn devising and implementing the strategy required under paragraph (1), the Secretary of State shall consult with the following: (A) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate, not later than 90 days after the date of the enactment of this Act. (B) Leading human rights nongovernmental organizations and relevant subject-matter experts in determining the content of the briefings required under this subsection. (C) The United States Olympic and Paralympic Committee and the national governing bodies of amateur sports that play a role in determining which individuals represent the United States in international athletic competitions, regarding the most appropriate and effective method to disseminate briefing materials. (c) Content of briefings \nThe briefing materials required under subsection (b) shall include, with respect to a covered country hosting an international athletic competition in which individuals may represent the United States, the following: (1) Information on the human rights concerns present in such covered country, as described in the Department of State’s Annual Country Reports on Human Rights Practices. (2) Information, as applicable, on risks such individuals may face to their personal and digital privacy and security, and recommended measures to safeguard against certain forms of foreign intelligence targeting, as appropriate. (d) Covered country defined \nIn this section, the term covered country means, with respect to a country hosting an international athletic competition in which individuals representing the United States may participate, any of the following: (1) Any Communist country specified in subsection (f) of section 620 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(f) ). (2) Any country ranked as a Tier 3 country in the most recent Department of State’s annual Trafficking in Persons Report. (3) Any other country the Secretary of State determines presents serious human rights concerns for the purpose of informing such individuals. (4) Any country the Secretary of State, in consultation with other cabinet officials as appropriate, determines presents a serious counterintelligence risk.", "id": "H6C971A27DCAC47DE8D264BE78F813071", "header": "Human rights awareness for American athletic delegations" }, { "text": "6505. Cooperation between the United States and Ukraine regarding the titanium industry \n(a) Statement of policy \nIt is the policy of the United States to engage with the Government of Ukraine on cooperation in the titanium industry as a potential alternative to Chinese and Russian sources on which the United States and Europe currently depend. (b) Reporting requirement \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that describes the feasibility of utilizing titanium sources from Ukraine as a potential alternative to Chinese and Russian sources. (c) Form \nThe report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.", "id": "H478AF56DCB894B1EB7BC47779D1174D6", "header": "Cooperation between the United States and Ukraine regarding the titanium industry" }, { "text": "6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing \nThe Countering Russian Influence in Europe and Eurasia Act of 2017 ( 22 U.S.C. 9501 et seq. ) is amended— (1) in section 261(b)(2)— (A) by striking 2020 and inserting 2024 ; and (B) by striking 2022 and inserting 2026 ; (2) in section 262— (A) in paragraph (1)— (i) by striking in the documents entitled 2015 National Money Laundering Risk Assessment and 2015 National Terrorist Financing Risk Assessment , and inserting in the documents entitled 2020 National Strategy for Combating Terrorist and Other Illicit Financing and 2022 National Strategy for Combating Terrorist and Other Illicit Financing ; and (ii) by striking the broader counter terrorism strategy of the United States and inserting the broader counter terrorism and national security strategies of the United States ; (B) in paragraph (6)— (i) by striking Prevention of illicit finance and inserting prevention, detection, and disruption of illicit finance ; (ii) by striking private financial sector and inserting private sector, including financial and other relevant industries, ; and (iii) by striking with regard to the prevention and detection of illicit finance and inserting with regard to the prevention, detection, and disruption of illicit finance ; and (C) in paragraph (8), by striking such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime,.", "id": "H6E0118E3FF3940E985F4821D2BF1F80E", "header": "Updates to the National Strategy for Combating Terrorist and Other Illicit Financing" }, { "text": "6507. Report on net worth of Syrian President Bashar al-Assad \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the estimated net worth and known sources of income of Syrian President Bashar al-Assad and his family members (including spouse, children, siblings, and paternal and maternal cousins), including income from corrupt or illicit activities and including assets, investments, other business interests, and relevant beneficial ownership information. (b) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary. The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government.", "id": "HD64B39DBF3824869986F3338CB9C706B", "header": "Report on net worth of Syrian President Bashar al-Assad" }, { "text": "6508. Annual report on United States policy toward South Sudan \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the signatories to the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, signed on September 12, 2018, have delayed implementation, leading to continued conflict and instability in South Sudan; (2) despite years of fighting, 2 peace agreements, punitive actions by the international community, and widespread suffering among civilian populations, the leaders of South Sudan have failed to build sustainable peace; (3) the United Nations arms embargo on South Sudan, most recently extended by 1 year to May 31, 2022, through United Nations Security Council Resolution 2577 (2021), is necessary to stem the illicit transfer and destabilizing accumulation and misuse of small arms and light weapons in perpetuation of the conflict in South Sudan; (4) the United States should call on other member states of the United Nations to redouble efforts to enforce the United Nations arms embargo on South Sudan; and (5) the United States, through the United States Mission to the United Nations, should use its voice and vote in the United Nations Security Council in favor of maintaining the United Nations arms embargo on South Sudan until— (A) the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan is fully implemented; or (B) credible, fair, and transparent democratic elections are held in South Sudan. (b) Report required \n(1) In general \nNot later than 90 days after the date of the enactment of this Act and annually thereafter for 5 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the heads of other Federal department and agencies as necessary, shall submit to the appropriate congressional committees a report on United States policy toward South Sudan, including the most recent approved interagency strategy developed to address political, security, and humanitarian issues prevalent in the country since it gained independence from Sudan in July 2011. (2) Elements \nThe report required by paragraph (1) shall include the following: (A) An assessment of the situation in South Sudan, including the role of South Sudanese government officials in intercommunal violence, corruption, and obstruction of the peace process. (B) An assessment of the status of the implementation of the 2018 R-ARCSS and the ongoing peace processes. (C) A detailed description of United States assistance and other efforts to support peace processes in South Sudan, including an assessment of the efficacy of stakeholder engagement and United States assistance to advance peacebuilding, conflict mitigation, and other related activities. (D) An assessment of the United Nations Mission in South Sudan capacity and progress in fulfilling its mandate over the last 3 fiscal years. (E) A detailed description of United States funding for emergency and non-emergency humanitarian and development assistance to South Sudan, as well as support provided to improve anti-corruption and fiscal transparency efforts in South Sudan over the last 5 fiscal years. (F) A summary of United States efforts to promote accountability for human rights abuses and an assessment of efforts by the Government of South Sudan and the African Union, respectively, to hold responsible parties accountable. (G) Analysis of the impact of domestic and international sanctions on deterring and combating corruption, mitigating and reducing conflict, and holding those responsible for human rights abuses accountable. (H) An assessment of the prospects for, and impediments to, holding credible general elections. (3) Form \nThe report required by paragraph (1) shall be submitted in unclassified form and posted to a website of the Department of State, may include a classified annex, and shall be accompanied by a briefing as determined necessary. (c) Briefing \nNot later than 90 days after the date of the enactment of this Act and annually thereafter for 2 years, the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other Federal department and agencies as necessary, shall brief the appropriate congressional committees on United States efforts, including assistance provided by the Department of Treasury and United States law enforcement and intelligence communities, to detect and deter money laundering and counter illicit financial flows, trafficking in persons, weapons, and other illicit goods, and the financing of terrorists and armed groups. Such briefing shall be provided in unclassified setting and may include a classified briefing as determined necessary. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Banking, and the Committee on Appropriations of the Senate; (2) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.", "id": "H60346BF4C1E74094AA9F492E800CE0B1", "header": "Annual report on United States policy toward South Sudan" }, { "text": "6509. Strategy for engagement with Southeast Asia and ASEAN \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other Federal departments and agencies as appropriate, shall develop and submit to the appropriate congressional committees a comprehensive strategy for engagement with Southeast Asia and the Association of Southeast Asian Nations (ASEAN). (b) Matters To be included \nThe strategy required by subsection (a) shall include the following: (1) A statement of enduring United States interests in Southeast Asia and a description of efforts to bolster the effectiveness of ASEAN. (2) A description of efforts to— (A) deepen and expand Southeast Asian alliances, partnerships, and multilateral engagements, including efforts to expand broad based and inclusive economic growth, security ties, security cooperation and interoperability, economic connectivity, and expand opportunities for ASEAN to work with other like-minded partners in the region; and (B) encourage like-minded partners outside of the Indo-Pacific region to engage with ASEAN. (3) A summary of initiatives across the whole of the United States Government to strengthen the United States partnership with Southeast Asian nations and ASEAN, including to promote broad based and inclusive economic growth, trade, investment, energy innovation and sustainability, public-private partnerships, physical and digital infrastructure development, education, disaster management, public health and global health security, and economic, political, and public diplomacy in Southeast Asia. (4) A summary of initiatives across the whole of the United States Government to enhance the capacity of Southeast Asian nations with respect to enforcing international law and multilateral sanctions, and initiatives to cooperate with ASEAN as an institution in these areas. (5) A summary of initiatives across the whole of the United States Government to promote human rights and democracy, to strengthen the rule of law, civil society, and transparent governance, to combat disinformation and to protect the integrity of elections from outside influence. (6) A summary of initiatives to promote security cooperation and security assistance within Southeast Asian nations, including— (A) maritime security and maritime domain awareness initiatives for protecting the maritime commons and supporting international law and freedom of navigation in the South China Sea; and (B) efforts to combat terrorism, human trafficking, piracy, and illegal fishing, and promote more open, reliable routes for sea lines of communication. (c) Distribution of strategy \nFor the purposes of assuring allies and partners in Southeast Asia and deepening United States engagement with ASEAN, the Secretary of State shall direct each United States chief of mission to ASEAN and its member states to distribute the strategy required by subsection (a) to host governments. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.", "id": "HD95C0CCE14A944909FDCB0B53FCC2BC7", "header": "Strategy for engagement with Southeast Asia and ASEAN" }, { "text": "6510. Supporting democracy in Burma \n(a) Defined term \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Foreign Affairs of the House of Representatives ; (3) the Committee on Appropriations of the Senate ; (4) the Committee on Appropriations of the House of Representatives ; (5) the Committee on Armed Services of the Senate ; (6) the Committee on Armed Services of the House of Representatives ; (7) the Committee on Banking, Housing, and Urban Affairs of the Senate ; and (8) the Committee on Financial Services of the House of Representatives. (b) Briefing required \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the following officials shall jointly brief the appropriate congressional committees regarding actions taken by the United States Government to further United States policy and security objectives in Burma (officially known as the Republic of the Union of Myanmar ): (A) The Assistant Secretary of State for East Asian and Pacific Affairs. (B) The Counselor of the Department of State. (C) The Under Secretary of the Treasury for Terrorism and Financial Intelligence. (D) The Assistant to the Administrator for the Bureau for Conflict Prevention and Stabilization. (E) Additional officials from the Department of Defense or the Intelligence Community, as appropriate. (2) Information required \nThe briefing required under paragraph (1) shall include— (A) a detailed description of the specific United States policy and security objectives in Burma; (B) information about any actions taken by the United States, either directly or in coordination with other countries— (i) to support and legitimize the National Unity Government of the Republic of the Union of Myanmar, The Civil Disobedience Movement in Myanmar, and other entities promoting democracy in Burma, while simultaneously denying legitimacy and resources to the Myanmar’s military junta; (ii) to impose costs on Myanmar’s military junta, including— (I) an assessment of the impact of existing United States and international sanctions; and (II) a description of potential prospects for additional sanctions; (iii) to secure the restoration of democracy, the establishment of inclusive and representative civilian government, with a reformed military reflecting the diversity of Burma and under civilian control, and the enactment of constitutional, political, and economic reform in Burma; (iv) to secure the unconditional release of all political prisoners in Burma; (v) to promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; (vi) to ensure accountability for atrocities, human rights violations, and crimes against humanity committed by Myanmar’s military junta; and (vii) to avert a large-scale humanitarian disaster; (C) an update on the current status of United States assistance programs in Burma, including— (i) humanitarian assistance for affected populations, including internally displaced persons and efforts to mitigate humanitarian and health crises in neighboring countries and among refugee populations; (ii) democracy assistance, including support to the National Unity Government of the Republic of the Union of Myanmar and civil society groups in Burma; (iii) economic assistance; and (iv) global health assistance, including COVID–19 relief; and (D) a description of the strategic interests in Burma of the People’s Republic of China and the Russian Federation, including— (i) access to natural resources and lines of communications to sea routes; and (ii) actions taken by such countries— (I) to support Myanmar’s military junta in order to preserve or promote such interests; (II) to undermine the sovereignty and territorial integrity of Burma; and (III) to promote ethnic conflict within Burma. (c) Classification and format \nThe briefing required under subsection (b)— (1) shall be provided in an unclassified setting; and (2) may be accompanied by a separate classified briefing, as appropriate.", "id": "H42BDC51B9C574A0B9B2ADD516112CEC4", "header": "Supporting democracy in Burma" }, { "text": "6511. United States Grand Strategy with respect to China \n(a) Strategy required \n(1) In general \nNot later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall commence developing a comprehensive report that articulates the strategy of the United States with respect to the People’s Republic of China (in this section referred to as the China Strategy ) that builds on the work of such national security strategy. (2) Submittal \nNot later than 270 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall submit to Congress the China Strategy developed under paragraph (1). (3) Form \nThe China Strategy shall be submitted in classified form and shall include an unclassified summary. (b) Contents \nThe China Strategy developed under subsection (a) shall set forth the national security strategy of the United States with respect to the People’s Republic of China and shall include a comprehensive description and discussion of the following: (1) The strategy of the People’s Republic of China regarding the military, economic, and political power of China in the Indo-Pacific region and worldwide, including why the People’s Republic of China has decided on such strategy and what the strategy means for the long-term interests, values, goals, and objectives of the United States. (2) The worldwide interests, values, goals, and objectives of the United States as they relate to geostrategic and geoeconomic competition with the People’s Republic of China. (3) The foreign and economic policy, worldwide commitments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strategy of the United States as they relate to the new era of competition with the People’s Republic of China. (4) How the United States will exercise the political, economic, military, diplomatic, and other elements of its national power to protect or advance its interests and values and achieve the goals and objectives referred to in paragraph (1). (5) The adequacy of the capabilities of the United States Government to carry out the national security strategy of the United States within the context of new and emergent challenges to the international order posed by the People’s Republic of China, including an evaluation— (A) of the balance among the capabilities of all elements of national power of the United States; and (B) the balance of all United States elements of national power in comparison to equivalent elements of national power of the People’s Republic of China. (6) The assumptions and end-state or end-states of the strategy of the United States globally and in the Indo-Pacific region with respect to the People’s Republic of China. (7) Such other information as the President considers necessary to help inform Congress on matters relating to the national security strategy of the United States with respect to the People’s Republic of China. (c) Advisory Board on United States Grand Strategy with respect to China \n(1) Establishment \nThe President may establish in the executive branch an advisory board to be known as the Advisory Board on United States Grand Strategy with respect to China (in this section referred to as the Board ). (2) Purpose \nThe purpose of the Board is to convene outside experts to advise the President on development of the China Strategy. (3) Duties \n(A) Review \nThe Board shall review the current national security strategy of the United States with respect to the People’s Republic of China, including assumptions, capabilities, strategy, and end-state or end-states. (B) Assessment and recommendations \nThe Board shall analyze the United States national security strategy with respect to the People’s Republic of China, including challenging its assumptions and approach, and make recommendations to the President for the China Strategy. (C) Classified briefing \n(i) In general \nNot later than 30 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2), the Board shall provide the appropriate congressional committees a classified briefing on its review, assessment, and recommendations. (ii) Appropriate congressional committees defined \nIn this subparagraph, the term appropriate congressional committees means— (I) the congressional defense committees; (II) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (III) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Composition \n(A) Recommendations \nNot later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each provide to the President 2 candidates for membership on the Board, at least 1 of whom shall be an individual in the private sector and 1 of whom shall be an individual in academia or employed by a nonprofit research institution. (B) Membership \nThe Board shall be composed of 9 members appointed by the President as follows: (i) The National Security Advisor or such other designee as the President considers appropriate, such as the Asia Coordinator from the National Security Council. (ii) Four shall be selected from among individuals in the private sector. (iii) Four shall be selected from among individuals in academia or employed by a nonprofit research institution. (iv) Two members shall be selected from among individuals included in the list submitted by the majority leader of the Senate under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (v) Two members shall be selected from among individuals included in the list submitted by the minority leader of the Senate under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (vi) Two members shall be selected from among individuals included in the list submitted by the Speaker of the House of Representatives under subparagraph (A), or whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (vii) Two members shall be selected from among individuals included in the list submitted by the minority leader of the House of Representatives under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (C) Chairperson \nThe Chairperson of the Board shall be the member of the Board appointed under subparagraph (B)(i). (D) Nongovernmental membership; period of appointment; vacancies \n(i) Nongovernmental membership \nExcept in the case of the Chairperson of the Board, an individual appointed to the Board may not be an officer or employee of an instrumentality of government. (ii) Period of appointment \nMembers shall be appointed for the life of the Board. (iii) Vacancies \nAny vacancy in the Board shall be filled in the same manner as the original appointment. (5) Deadline for appointment \nNot later than 60 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall— (A) appoint the members of the Board pursuant to paragraph (4); and (B) submit to Congress a list of the members so appointed. (6) Experts and consultants \nThe Board is authorized to procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule under section 5315 of title 5, United States Code. (7) Security clearances \nThe appropriate Federal departments or agencies shall cooperate with the Board in expeditiously providing to the Board members and experts and consultants appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearances. (8) Receipt, handling, storage, and dissemination \nInformation shall only be received, handled, stored, and disseminated by members of the Board and any experts and consultants consistent with all applicable statutes, regulations, and Executive orders. (9) Uncompensated service \nA member of the Board who is not an officer or employee of the Federal Government shall serve without compensation. (10) Cooperation from government \nIn carrying out its duties, the Board shall receive the full and timely cooperation of the heads of relevant Federal departments and agencies in providing the Board with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (11) Termination \nThe Board shall terminate on the date that is 60 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2).", "id": "HCC1C8FE8014D44D0928ACD8CA940E54C", "header": "United States Grand Strategy with respect to China" }, { "text": "6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries \n(a) In general \nSection 2402(a)(10) of title 38, United States Code, is amended— (1) by striking the period at the end and inserting ; or ; and (2) by adding at the end the following new subparagraph: (B) who— (i) the Secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time during the period beginning on February 28, 1961, and ending on May 7, 1975; and (ii) at the time of the individual’s death— (I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and (II) resided in the United States.. (b) Effective date \nThe amendments made by this section shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (division J of Public Law 115–141 ; 132 Stat. 824).", "id": "H10D484DDC34843A3B50D7605A2E92EF3", "header": "Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries" }, { "text": "6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria \nSection 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note) is amended, in the matter before subparagraph (A), by striking or Uzbekistan and inserting , Uzbekistan, Egypt, or Syria.", "id": "H9997D1CED12B4E48ABCE3E50A986FC1F", "header": "Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria" }, { "text": "6603. Anomalous health incidents interagency coordinator \n(a) Anomalous health incidents interagency coordinator \n(1) Designation \nNot later than 30 days after the date of the enactment of this Act, the President shall designate an appropriate senior official to be known as the Anomalous Health Incidents Interagency Coordinator (in this section referred to as the Interagency Coordinator ). (2) Duties \nThe Interagency Coordinator, working through the interagency national security process, shall, with respect to anomalous health incidents— (A) coordinate the response of the United States Government to such incidents; (B) coordinate among relevant Federal agencies to ensure equitable and timely access to assessment and care for affected United States Government personnel, dependents of such personnel, and other appropriate individuals; (C) ensure adequate training and education relating to such incidents for United States Government personnel; (D) ensure that information regarding such incidents is efficiently shared across relevant Federal agencies in a manner that provides appropriate protections for classified, sensitive, and personal information; (E) coordinate, in consultation with the Director of the White House Office of Science and Technology Policy, the technological and research efforts of the United States Government to address suspected attacks presenting as such incidents; and (F) develop policy options to prevent, mitigate, and deter suspected attacks presenting as such incidents. (b) Designation of agency coordination leads \n(1) Designation; responsibilities \nThe head of each relevant agency shall designate an official appointed by the President, by and with the advice and consent of the Senate, or other appropriate senior official, who shall— (A) serve as the Anomalous Health Incident Agency Coordination Lead (in this section referred to as the Agency Coordination Lead ) for the relevant agency concerned; (B) report directly to the head of such relevant agency regarding activities carried out under this section; (C) perform functions specific to such relevant agency and related to anomalous health incidents, consistent with the directives of the Interagency Coordinator and the interagency national security process; (D) represent such relevant agency in meetings convened by the Interagency Coordinator; and (E) participate in interagency briefings to Congress regarding the response of the United States Government to anomalous health incidents, including briefings required under subsection (c). (2) Delegation prohibited \nAn Agency Coordination Lead may not delegate any of the responsibilities specified in paragraph (1). (c) Briefings \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall jointly provide to the appropriate congressional committees a briefing on progress made in carrying out the duties under subsection (b)(2). (2) Elements \nEach briefing required under paragraph (1) shall include— (A) an update on the investigation into anomalous health incidents affecting United States Government personnel and dependents of such personnel, including technical causation and suspected perpetrators; (B) an update on new or persistent anomalous health incidents; (C) a description of threat prevention and mitigation efforts with respect to anomalous health incidents, to include personnel training; (D) an identification of any changes to operational posture as a result of anomalous health threats; (E) an update on diagnosis and treatment efforts for individuals affected by anomalous health incidents, including patient numbers and wait times to access care; (F) a description of efforts to improve and encourage reporting of anomalous health incidents; (G) a detailed description of the roles and responsibilities of the Agency Coordination Leads; (H) information regarding additional authorities or resources needed to support the interagency response to anomalous health incidents; and (I) such other matters as the Interagency Coordinator or the Agency Coordination Leads may consider appropriate. (3) Unclassified briefing summary \n(A) In general \nNot later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall provide to the appropriate congressional committees a coordinated written summary of the briefings provided under paragraph (1). (B) Form \nThe summary under subparagraph (A) shall be submitted in an unclassified form to the extent practicable, consistent with the protection of intelligence sources and methods. (d) Secure reporting mechanisms \nNot later than 90 days after the date of the enactment of this section, the Interagency Coordinator shall ensure that the head of each relevant agency— (1) develops a process to provide a secure mechanism for personnel of the relevant agency concerned, the dependents of such personnel, and other appropriate individuals, to self-report any suspected exposure that could be an anomalous health incident; (2) shares all relevant data reported through such mechanism in a timely manner with the Office of the Director of National Intelligence and other relevant agencies, through existing processes coordinated by the Interagency Coordinator; and (3) in developing the mechanism pursuant to paragraph (1), prioritizes secure information collection and handling processes to protect classified, sensitive, and personal information. (e) Workforce guidance \n(1) Development and dissemination \nThe President shall direct the heads of the relevant agencies to develop and disseminate to employees of such relevant agencies who are determined to be at risk of exposure to anomalous health incidents updated workforce guidance that describes, at a minimum— (A) the threat posed by anomalous health incidents; (B) known defensive techniques with respect to anomalous health incidents; and (C) processes to self-report any suspected exposure that could be an anomalous health incident. (2) Deadline \nThe workforce guidance specified under paragraph (1) shall be developed and disseminated pursuant to such paragraph by not later than 60 days after the date of the enactment of this Act. (f) Rule of construction \nNothing in this section, including the designation of the Interagency Coordinator pursuant to subsection (a)(1), shall be construed to limit the authority of any Federal agency to independently perform the authorized functions of such agency. (g) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of State $5,000,000 for fiscal year 2022, to be used to— (1) increase capacity and staffing for the Health Incident Response Task Force of the Department of State; (2) support the development and implementation of efforts by the Department of State to prevent and mitigate anomalous health incidents affecting the workforce of the Department; (3) investigate and characterize the cause of anomalous health incidents, including investigations of causation and attribution; (4) collect and analyze data related to anomalous health incidents; (5) coordinate with other relevant agencies and the National Security Council regarding anomalous health incidents; and (6) support other activities to understand, prevent, deter, and respond to suspected attacks presenting as anomalous health incidents, at the discretion of the Secretary of State. (h) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committees on Armed Services, Foreign Relations, Homeland Security and Governmental Affairs, the Judiciary, and Appropriations, and the Select Committee on Intelligence, of the Senate; and (B) the Committees on Armed Services, Foreign Affairs, Homeland Security, the Judiciary, and Appropriations, and the Permanent Select Committee on Intelligence, of the House of Representatives. (2) The term relevant Federal agencies means— (A) the Department of Defense; (B) the Department of State; (C) the Office of the Director of National Intelligence; (D) the Central Intelligence Agency; (E) the Department of Justice; (F) the Department of Homeland Security; and (G) such other Federal departments or agencies as may be designated by the Interagency Coordinator.", "id": "H0580A5BA4C964EDD883E27BF21012A68", "header": "Anomalous health incidents interagency coordinator" }, { "text": "6604. Chief Human Capital Officers Council annual report \nSubsection (d) of section 1303 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 5 U.S.C. 1401 note) is amended to read as follows: (d) Annual reports \n(1) In general \nEach year, the Chief Human Capital Officers Council shall submit to Congress a report that includes the following: (A) A description of the activities of the Council. (B) A description of employment barriers that prevent the agencies of its members from hiring qualified applicants, including those for digital talent positions, and recommendations for addressing the barriers that would allow such agencies to more effectively hire qualified applicants. (2) Public availability \nNot later than 30 days after the date on which the Council submits a report under paragraph (1), the Director of the Office of Personnel Management shall make the report publicly available on the website of the Office of Personnel Management..", "id": "H57DC09EE3129424F99EED7544011551F", "header": "Chief Human Capital Officers Council annual report" }, { "text": "6605. National Global War on Terrorism Memorial \n(a) Site \nNotwithstanding section 8908(c) of title 40, United States Code, the National Global War on Terrorism Memorial authorized by section 2(a) of the Global War on Terrorism War Memorial Act ( 40 U.S.C. 8903 note; Public Law 115–51 ; 131 Stat. 1003) (referred to in this section as the Memorial ) shall be located within the Reserve (as defined in section 8902(a) of title 40, United States Code). (b) Applicability of Commemorative Works Act \nExcept as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Memorial.", "id": "HB63E93DEDC5B43CA8587D48518B0421F", "header": "National Global War on Terrorism Memorial" }, { "text": "6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science \n(a) Establishment \nTitle I of the National Quantum Initiative Act ( 15 U.S.C. 8811 et seq. ) is amended— (1) by redesignating section 105 as section 106; and (2) by inserting after section 104 the following new section: 105. Subcommittee on the Economic and Security Implications of Quantum Information Science \n(a) Establishment \nThe President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science. (b) Membership \nThe Subcommittee shall include a representative of— (1) the Department of Energy; (2) the Department of Defense; (3) the Department of Commerce; (4) the Department of Homeland Security; (5) the Office of the Director of National Intelligence; (6) the Office of Management and Budget; (7) the Office of Science and Technology Policy; (8) the Department of Justice; (9) the National Science Foundation; (10) the National Institute of Standards and Technology; and (11) such other Federal department or agency as the President considers appropriate. (c) Responsibilities \nThe Subcommittee shall— (1) in coordination with the Director of the Office and Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development; (2) review and assess any economic or security implications of such investments; (3) review and assess any counterintelligence risks or other foreign threats to such investments; (4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other foreign threats identified as a result of an assessment under paragraph (3); (5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment; (6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States; (7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and (8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress. (d) Technical and administrative support \n(1) In general \nThe Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section. (2) Support related to classified information \nThe Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information.. (b) Sunset for Subcommittee \n(1) Inclusion in sunset provision \nSuch title is further amended in section 106, as redesignated by subsection (a), by striking 103, and 104 and inserting 103, 104, and 105. (2) Effective date \nThe amendments made by subsection (a) shall take effect as if included in the enactment of the National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ). (c) Conforming amendments \nThe National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ) is further amended— (1) in section 2, by striking paragraph (7) and inserting the following new paragraphs: (7) Subcommittee on Economic and Security Implications \nThe term Subcommittee on Economic and Security Implications means the Subcommittee on the Economic and Security Implications of Quantum Information Science established under section 105(a). (8) Subcommittee on Quantum Information Science \nThe term Subcommittee on Quantum Information Science means the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a). ; (2) in section 102(b)(1)— (A) in subparagraph (A), by striking ; and and inserting on Quantum Information Science; ; (B) in subparagraph (B), by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (C) the Subcommittee on Economic and Security Implications; ; and (3) in section 104(d)(1), by striking and the Subcommittee and inserting , the Subcommittee on Quantum Information Science, and the Subcommittee on Economic and Security Implications. (d) Clerical amendment \nThe table of contents in section 1(b) of such Act is amended by striking the item relating to section 105 and inserting the following new items: 105. Subcommittee on the Economic and Security Implications of Quantum Information Science. 106. Sunset..", "id": "H5A4E30AAD40C41C1A2455D64B2595FC2", "header": "Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science" }, { "text": "105. Subcommittee on the Economic and Security Implications of Quantum Information Science \n(a) Establishment \nThe President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science. (b) Membership \nThe Subcommittee shall include a representative of— (1) the Department of Energy; (2) the Department of Defense; (3) the Department of Commerce; (4) the Department of Homeland Security; (5) the Office of the Director of National Intelligence; (6) the Office of Management and Budget; (7) the Office of Science and Technology Policy; (8) the Department of Justice; (9) the National Science Foundation; (10) the National Institute of Standards and Technology; and (11) such other Federal department or agency as the President considers appropriate. (c) Responsibilities \nThe Subcommittee shall— (1) in coordination with the Director of the Office and Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development; (2) review and assess any economic or security implications of such investments; (3) review and assess any counterintelligence risks or other foreign threats to such investments; (4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other foreign threats identified as a result of an assessment under paragraph (3); (5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment; (6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States; (7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and (8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress. (d) Technical and administrative support \n(1) In general \nThe Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section. (2) Support related to classified information \nThe Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information.", "id": "H60A0DA93B3B04E3F802F34B7CC709A0F", "header": "Subcommittee on the Economic and Security Implications of Quantum Information Science" }, { "text": "6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies \n(a) Study \n(1) In general \nThe Secretary of Health and Human Services, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall conduct a study to identify and analyze the logistical prerequisites for the collection of unused and unexpired doses of the COVID–19 vaccine in the United States and for the distribution of such doses to foreign countries and economies. (2) Matters studied \nThe matters studied by the Secretary of Health and Human Services under paragraph (1) shall include— (A) options for the collection of unused and unexpired doses of the COVID–19 vaccine from entities in the United States; (B) methods for the collection and shipment of such doses to foreign countries and economies; (C) methods for ensuring the appropriate storage and handling of such doses during and following the distribution and delivery of the doses to such countries and economies; (D) the capacity and capability of foreign countries and economies receiving such doses to distribute and administer the doses while assuring their safety and quality; (E) the minimum supply of doses of the COVID–19 vaccine necessary to be retained within the United States; and (F) other Federal agencies with which the heads of the relevant agencies should coordinate to accomplish the tasks described in subparagraphs (A) through (E) and the degree of coordination necessary between such agencies. (b) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the other heads of the relevant agencies, shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a). (c) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Health, Education, Labor, and Pensions, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Energy and Commerce, and the Committee on Foreign Affairs of the House of Representatives. (2) Relevant agencies \nThe term relevant agencies means— (A) the Department of Health and Human Services; (B) the Department of State; and (C) the United States Agency for International Development.", "id": "H5EC9F55AB94E495E8E5169C62CF8B771", "header": "Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies" }, { "text": "6608. Catawba Indian Nation lands \n(a) Application of current law \n(1) Lands in South Carolina \nSection 14 of the Catawba Indian Tribe of South Carolina Claims Settlement Act of 1993 ( Public Law 103–116 ) shall only apply to gaming conducted by the Catawba Indian Nation on lands located in South Carolina. (2) Lands in States other than South Carolina \nGaming conducted by the Catawba Indian Nation on lands located in States other than South Carolina shall be subject to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) and sections 1166 through 1168 of title 18, United States Code. (b) Reaffirmation of status and actions \n(1) Ratification of trust status \nThe action taken by the Secretary of the Interior on July 10, 2020, to place approximately 17 acres of land located in Cleveland County, North Carolina, into trust for the benefit of the Catawba Indian Nation is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action. (2) Administration \nThe land placed into trust for the benefit of the Catawba Indian Nation by the Secretary on July 10, 2020, shall— (A) be a part of the Catawba Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe; and (B) be deemed to have been acquired and taken into trust as part of the restoration of lands for an Indian tribe that is restored to Federal recognition pursuant to section 20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(b)(1)(B)(iii) ). (3) Rules of construction \nNothing in this section shall— (A) enlarge, impair, or otherwise affect any right or claim of the Catawba Indian Nation to any land or interest in land in existence before the date of the enactment of this Act; (B) affect any water right of the Catawba Indian Nation in existence before the date of the enactment of this Act; (C) terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act; or (D) alter or diminish the right of the Catawba Indian Nation to seek to have additional land taken into trust by the United States for the benefit of the Catawba Indian Nation.", "id": "H8803A29C4FB442798E59A2ED87BBCBAE", "header": "Catawba Indian Nation lands" }, { "text": "6609. Property disposition for affordable housing \nSection 5334(h)(1) of title 49, United States Code, is amended to read as follows: (1) In general \nIf a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to— (A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides— (i) the asset will remain in public use for at least 5 years after the date the asset is transferred; (ii) there is no purpose eligible for assistance under this chapter for which the asset should be used; (iii) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and (iv) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or (B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides— (i) the asset is a necessary component of a proposed transit-oriented development project; (ii) the transit-oriented development project will increase transit ridership; (iii) at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income; (iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and (v) with respect to a transfer to a third party entity— (I) a local government authority or nonprofit organization is unable to receive the property; (II) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and (III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development..", "id": "HD18FEF5C7FCA4BBC943FFAD2E1A3AD49", "header": "Property disposition for affordable housing" }, { "text": "6610. Blocking deadly fentanyl imports \n(a) Short title \nThis section may be cited as the Blocking Deadly Fentanyl Imports Act. (b) Definitions \nSection 481(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(e) ) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking in which ; (B) in subparagraph (A), by inserting in which before 1,000 ; (C) in subparagraph (B)— (i) by inserting in which before 1,000 ; and (ii) by striking or at the end; (D) in subparagraph (C)— (i) by inserting in which before 5,000 ; and (ii) by inserting or after the semicolon; and (E) by adding at the end the following: (D) that is a significant source of illicit synthetic opioids significantly affecting the United States; ; and (2) in paragraph (4)— (A) in subparagraph (C), by striking and at the end; and (B) by adding at the end the following: (E) assistance that furthers the objectives set forth in paragraphs (1) through (4) of section 664(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2151n–2(b) ); (F) assistance to combat trafficking authorized under the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7101 et seq. )); and (G) global health assistance authorized under sections 104 through 104C of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b through 22 U.S.C. 2151b–4 ).. (c) International narcotics control strategy report \nSection 489(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a) ) is amended by adding at the end the following: (10) A separate section that contains the following: (A) An identification of the countries, to the extent feasible, that are the most significant sources of illicit fentanyl and fentanyl analogues significantly affecting the United States during the preceding calendar year. (B) A description of the extent to which each country identified pursuant to subparagraph (A) has cooperated with the United States to prevent the articles or chemicals described in subparagraph (A) from being exported from such country to the United States. (C) A description of whether each country identified pursuant to subparagraph (A) has adopted and utilizes scheduling or other procedures for illicit drugs that are similar in effect to the procedures authorized under title II of the Controlled Substances Act ( 21 U.S.C. 811 et seq. ) for adding drugs and other substances to the controlled substances schedules; (D) A description of whether each country identified pursuant to subparagraph (A) is following steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ( 21 U.S.C. 802(32) ); and (E) A description of whether each country identified pursuant to subparagraph (A) requires the registration of tableting machines and encapsulating machines or other measures similar in effect to the registration requirements set forth in part 1310 of title 21, Code of Federal Regulations, and has not made good faith efforts, in the opinion of the Secretary, to improve regulation of tableting machines and encapsulating machines.. (d) Withholding of assistance \n(1) Designation of illicit fentanyl countries without scheduling procedures \nSection 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ) is amended— (A) in the matter preceding subparagraph (A), by striking also ; (B) in subparagraph (A)(ii), by striking and at the end; (C) by redesignating subparagraph (B) as subparagraph (D); (D) by inserting after subparagraph (A) the following: (B) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a)(10) ) that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II of the Controlled Substances Act ( 21 U.S.C. 811 et seq. ) for adding drugs and other substances to the controlled substances schedules; ; and (E) in subparagraph (D), as redesignated, by striking so designated and inserting designated under subparagraph (A), (B), or (C). (2) Designation of illicit fentanyl countries without ability to prosecute criminals for the manufacture or distribution of fentanyl analogues \nSection 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ), as amended by paragraph (2), is further amended by inserting after subparagraph (B) the following: (C) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a)(10) ) that has not taken significant steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ( 21 U.S.C. 802(32) );. (3) Limitation on assistance for designated countries \nSection 706(3) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(3) ) is amended by striking also designated under paragraph (2) in the report and inserting designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph (B) or (C) of paragraph (2). (4) Exceptions to the limitation on assistance \nSection 706(5) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(5) ) is amended— (A) by redesignating subparagraph (C) as subparagraph (F); (B) by inserting after subparagraph (B) the following: (C) Notwithstanding paragraph (3), assistance to promote democracy (as described in section 481(e)(4)(E) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(e)(4)(E) )) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph. (D) Notwithstanding paragraph (3), assistance to combat trafficking (as described in section 481(e)(4)(F) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph. (E) Notwithstanding paragraph (3), global health assistance (as described in section 481(e)(4)(G) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph ; and (C) in subparagraph (F), as redesignated, by striking section clause (i) or (ii) of and inserting clause (i) or (ii) of section. (e) Effective date \nThe amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.", "id": "HA5B45A125ED04972A075956C49DEA37C", "header": "Blocking deadly fentanyl imports" } ]
985
1. Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2022. 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into six divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (5) Division E—Department of State Authorization (6) Division F—Other Non-Department of Defense Matters. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. Sec. 5. Explanatory statement. Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS Title I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. Modification of deployment by the Army of interim cruise missile defense capability. Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters. Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters. Sec. 114. Continuation of Soldier Enhancement Program. Sec. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System. Sec. 116. Strategy and authority for the procurement of components for the next generation squad weapon. Subtitle C—Navy Programs Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Extension of report on Littoral Combat Ship mission packages. Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers. Sec. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers. Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings. Sec. 127. Report on material readiness of Virginia class submarines of the Navy. Subtitle D—Air Force Programs Sec. 131. Extension of inventory requirement for Air Force fighter aircraft. Sec. 132. Contract for logistics support for VC–25B aircraft. Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft. Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program. Sec. 136. Limitation on availability of funds pending information on bridge tanker aircraft. Sec. 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft. Sec. 138. Minimum inventory of tactical airlift aircraft. Sec. 139. Report relating to reduction of total number of tactical airlift aircraft. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program. Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy. Sec. 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities. Sec. 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program. Sec. 145. Analysis of certain radar investment options. Sec. 146. Review and briefing on fielded major weapon systems. Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats. Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Codification of National Defense Science and Technology Strategy. Sec. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders. Sec. 213. Duties and regional activities of the Defense Innovation Unit. Sec. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research. Sec. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories. Sec. 216. Improvements relating to steering committee on emerging technology and national security threats. Sec. 217. Improvements relating to national network for microelectronics research and development. Sec. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. Sec. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense. Sec. 220. Defense research and engineering activities at minority institutions. Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels. Sec. 222. Consortium to study irregular warfare. Sec. 223. Development and implementation of digital technologies for survivability and lethality testing. Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft. Sec. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base. Sec. 226. Review of artificial intelligence applications and establishment of performance metrics. Sec. 227. Modification of the joint common foundation program. Sec. 228. Executive education on emerging technologies for senior civilian and military leaders. Sec. 229. Activities to accelerate development and deployment of dual-use quantum technologies. Sec. 230. National Guard participation in microreactor testing and evaluation. Sec. 231. Pilot program on the use of private sector partnerships to promote technology transition. Sec. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense. Sec. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations. Sec. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis. Sec. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity. Sec. 236. Limitation on availability of funds for certain C–130 aircraft. Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation. Sec. 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System. Subtitle C—Plans, Reports, and Other Matters Sec. 241. Modification to annual report of the Director of Operational Test and Evaluation. Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft. Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft. Sec. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory. Sec. 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories. Sec. 246. Report on autonomy integration in major weapon systems. Sec. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense. Title III—Operation and Maintenance Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents. Sec. 312. Energy efficiency targets for Department of Defense data centers. Sec. 313. Grants for maintaining or improving military installation resilience. Sec. 314. Maintenance of current analytical tools in evaluating energy resilience measures. Sec. 315. Authority to transfer amounts derived from energy cost savings. Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States. Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience. Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i. Sec. 319. Energy, water, and waste net-zero requirement for major military installations. Sec. 320. Demonstration program on domestic production of rare earth elements from coal byproducts. Sec. 321. Long-duration demonstration initiative and joint program. Sec. 322. Pilot program to test new software to track emissions at certain military installations. Sec. 323. Department of Defense plan to reduce greenhouse gas emissions. Subtitle C—National Security Climate Resilience Sec. 331. Definitions. Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense. Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base. Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense. Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam. Sec. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam. Sec. 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances. Sec. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam. Sec. 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances. Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations. Subtitle E—Logistics and Sustainment Sec. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand. Sec. 352. Global bulk fuel management and delivery. Sec. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation. Sec. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations. Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy. Sec. 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs. Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts. Subtitle F—Reports Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports. Sec. 362. Annual report on material readiness of Navy ships. Sec. 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons. Sec. 364. Strategy and annual report on critical language proficiency of special operations forces. Subtitle G—Other Matters Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters. Sec. 372. Establishment of Joint Safety Council. Sec. 373. Improvements and clarifications related to military working dogs. Sec. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative. Sec. 375. Authority to maintain access to category 3 subterranean training facility. Sec. 376. Accident Investigation Review Board. Sec. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents. Sec. 378. Requirements relating to emissions control tactics, techniques, and procedures. Sec. 379. Management of fatigue among crew of naval surface ships and related improvements. Sec. 380. Authority for activities to improve next generation radar systems capabilities. Sec. 381. Pilot program on military working dog and explosives detection canine health and excellence. Sec. 382. Department of Defense response to military lazing incidents. Title IV—Military Personnel Authorizations Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Sec. 403. Additional authority to vary Space Force end strength. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. Title V—Military Personnel Policy Subtitle A— Officer Personnel Policy Sec. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements. Sec. 502. Time in grade requirements. Sec. 503. Authority to vary number of Space Force officers considered for promotion to major general. Sec. 504. Seaman to Admiral-21 program: credit towards retirement. Sec. 505. Independent assessment of retention of female surface warfare officers. Sec. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). Subtitle B—Reserve Component Management Sec. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences. Sec. 512. Prohibition on private funding for interstate deployment of National Guard. Sec. 513. Access to Tour of Duty system. Sec. 514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard. Sec. 515. Continued National Guard support for FireGuard program. Sec. 516. Enhancement of National Guard Youth Challenge Program. Sec. 517. Report on methods to enhance support from the reserve components in response to catastrophic incidents. Sec. 518. Study on reapportionment of National Guard force structure based on domestic responses. Sec. 519. Briefing on Junior Reserve Officers’ Training Corps program. Subtitle C—General Service Authorities and Military Records Sec. 521. Reduction in service commitment required for participation in career intermission program of a military department. Sec. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments. Sec. 523. Notice program relating to options for naturalization. Sec. 524. Appeals to Physical Evaluation Board determinations of fitness for duty. Sec. 525. Command oversight of military privatized housing as element of performance evaluations. Sec. 526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States. Sec. 527. Enhancements to national mobilization exercises. Sec. 528. Temporary exemption from end strength grade restrictions for the Space Force. Sec. 529. Report on exemptions and deferments for a possible military draft. Sec. 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service. Sec. 529B. Study and report on administrative separation boards. Subtitle D—Military Justice Reform Part 1—Special Trial Counsel Sec. 531. Special trial counsel. Sec. 532. Policies with respect to special trial counsel. Sec. 533. Definition of military magistrate, covered offense, and special trial counsel. Sec. 534. Clarification relating to who may convene courts-martial. Sec. 535. Detail of trial counsel. Sec. 536. Preliminary hearing. Sec. 537. Advice to convening authority before referral for trial. Sec. 538. Former jeopardy. Sec. 539. Plea agreements. Sec. 539A. Determinations of impracticability of rehearing. Sec. 539B. Applicability to the United States Coast Guard. Sec. 539C. Effective date. Part 2—Sexual Harassment; Sentencing Reform Sec. 539D. Inclusion of sexual harassment as general punitive article. Sec. 539E. Sentencing reform. Part 3—Reports and other matters Sec. 539F. Briefing and report on resourcing required for implementation. Sec. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military. Subtitle E—Other Military Justice and Legal Matters Sec. 541. Rights of the victim of an offense under the Uniform Code of Military Justice. Sec. 542. Conduct unbecoming an officer. Sec. 543. Independent investigation of complaints of sexual harassment. Sec. 544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons. Sec. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial. Sec. 546. Civilian positions to support Special Victims’ Counsel. Sec. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law. Sec. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown. Sec. 549. Activities to improve family violence prevention and response. Sec. 549A. Annual primary prevention research agenda. Sec. 549B. Primary prevention workforce. Sec. 549C. Reform and improvement of military criminal investigative organizations. Sec. 549D. Military defense counsel. Sec. 549E. Full functionality of Military Justice Review Panel. Sec. 549F. Military service independent racial disparity review. Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system. Sec. 549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims. Sec. 549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces. Sec. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty. Sec. 549K. Amendments to additional Deputy Inspector General of the Department of Defense. Sec. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces. Sec. 549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism. Sec. 549N. Combating foreign malign influence. Subtitle F—Member Education, Training, and Transition Sec. 551. Troops-to-Teachers Program. Sec. 552. Codification of human relations training for certain members of the Armed Forces. Sec. 553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress. Sec. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired. Sec. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely. Sec. 556. Defense Language Institute Foreign Language Center. Sec. 557. United States Naval Community College. Sec. 558. Codification of establishment of United States Air Force Institute of Technology. Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits. Sec. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen. Sec. 559B. Defense language continuing education program. Sec. 559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system. Sec. 559D. Professional military education: report; definition. Sec. 559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors. Sec. 559F. Report on status of Army Tuition Assistance Program Army IgnitED program. Sec. 559G. Briefing on cadets and midshipmen with speech disorders. Subtitle G—Military Family Readiness and Dependents’ Education Sec. 561. Expansion of support programs for special operations forces personnel and immediate family members. Sec. 562. Improvements to the Exceptional Family Member Program. Sec. 563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 564. Pilot program to establish employment fellowship opportunities for military spouses. Sec. 565. Policy regarding remote military installations. Sec. 566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources. Sec. 567. Study on employment of military spouses. Sec. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families. Sec. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs. Sec. 569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program. Sec. 569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report. Subtitle H—Diversity and Inclusion Sec. 571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces. Sec. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino. Sec. 573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting. Sec. 574. Extension of deadline for GAO report on equal opportunity at the military service academies. Subtitle I—Decorations and Awards, Miscellaneous Reports, and Other Matters Sec. 581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test. Sec. 582. Authorizations for certain awards. Sec. 583. Establishment of the Atomic Veterans Commemorative Service Medal. Sec. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery. Sec. 585. Reports on security force personnel performing protection level one duties. Sec. 586. GAO study on tattoo policies of the Armed Forces. Sec. 587. Briefing regarding best practices for community engagement in Hawaii. Title VI—Compensation and Other Personnel Benefits Subtitle A—Pay and Allowances Sec. 601. Basic needs allowance for members on active service in the Armed Forces. Sec. 602. Equal incentive pay for members of the reserve components of the Armed Forces. Sec. 603. Expansions of certain travel and transportation authorities. Sec. 604. Repeal of expiring travel and transportation authorities. Sec. 605. Requirements in connection with suspension of retired pay and retirement annuities. Sec. 606. Report on relationship between basic allowance for housing and sizes of military families. Sec. 607. Report on certain moving expenses for members of the Armed Forces. Sec. 608. Report on temporary lodging expenses in competitive housing markets. Sec. 609. Report on rental partnership programs. Subtitle B—Bonus and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C—Family and Survivor Benefits Sec. 621. Extension of paid parental leave. Sec. 622. Bereavement leave for members of the Armed Forces. Sec. 623. Travel and transportation allowances for family members to attend the funeral and memorial services of members. Sec. 624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care. Sec. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States. Sec. 626. Casualty assistance program: reform; establishment of working group. Subtitle D—Defense Resale Matters Sec. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores. Subtitle E—Miscellaneous Rights and Benefits Sec. 641. Alexander Lofgren Veterans in Parks program. Title VII—Health Care Provisions Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Eating disorders treatment for certain members of the Armed Forces and dependents. Sec. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program. Sec. 703. Revisions to TRICARE provider networks. Sec. 704. Self-initiated referral process for mental health evaluations of members of the Armed Forces. Sec. 705. Modifications to pilot program on health care assistance system. Sec. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program. Sec. 707. Improvement of postpartum care for members of the Armed Forces and dependents. Subtitle B—Health Care Administration Sec. 711. Modification of certain Defense Health Agency organization requirements. Sec. 712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development. Sec. 713. Authorization of program to prevent fraud and abuse in the military health system. Sec. 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities. Sec. 715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 716. Establishment of Department of Defense system to track and record information on vaccine administration. Sec. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components. Sec. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees. Sec. 719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs. Sec. 720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines. Sec. 721. Establishment of centers of excellence for enhanced treatment of ocular injuries. Sec. 722. Implementation of integrated product for management of population health across military health system. Sec. 723. Digital health strategy of Department of Defense. Sec. 724. Development and update of certain policies relating to military health system and integrated medical operations. Sec. 725. Mandatory training on health effects of burn pits. Sec. 726. Standardization of definitions used by the Department of Defense for terms related to suicide. Subtitle C—Reports and Other Matters Sec. 731. Modifications and reports related to military medical manning and medical billets. Sec. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions. Sec. 733. Pilot program on cardiac screening at certain military service academies. Sec. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities. Sec. 735. Prohibition on availability of funds for certain research connected to China. Sec. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine. Sec. 737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program. Sec. 738. Independent review of suicide prevention and response at military installations. Sec. 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam. Sec. 740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty. Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record program. Sec. 742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system. Sec. 743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office. Sec. 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes. Sec. 745. Briefing on substance abuse in the Armed Forces. Title VIII—Acquisition Policy, Acquisition Management, and Related Matters Subtitle A—Acquisition Policy and Management Sec. 801. Acquisition workforce educational partnerships. Sec. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations. Sec. 803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures. Sec. 804. Modifications to contracts subject to cost or pricing data certification. Sec. 805. Two-year extension of Selected Acquisition Report requirement. Sec. 806. Annual report on highest and lowest performing acquisition programs of the Department of Defense. Sec. 807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services. Sec. 808. Briefing on transparency for certain domestic procurement waivers. Sec. 809. Report on violations of certain domestic preference laws. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 811. Certain multiyear contracts for acquisition of property: budget justification materials. Sec. 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures. Sec. 813. Office of Corrosion Policy and Oversight employee training requirements. Sec. 814. Modified condition for prompt contract payment eligibility. Sec. 815. Modification to procurement of services: data analysis and requirements validation. Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels. Sec. 817. Repeal of preference for fixed-price contracts. Subtitle C—Provisions Relating to Other Transaction Authority Sec. 821. Modification of other transaction authority for research projects. Sec. 822. Modification of prize authority for advanced technology achievements. Sec. 823. Pilot program on systems engineering determinations. Sec. 824. Recommendations on the use of other transaction authority. Sec. 825. Reporting requirement for certain defense acquisition activities. Subtitle D—Provisions Relating to Software and Technology Sec. 831. Technology protection features activities. Sec. 832. Modification of enhanced transfer of technology developed at Department of Defense laboratories. Sec. 833. Pilot program on acquisition practices for emerging technologies. Sec. 834. Pilot program to accelerate the procurement and fielding of innovative technologies. Sec. 835. Independent study on technical debt in software-intensive systems. Sec. 836. Cadre of software development and acquisition experts. Subtitle E—Provisions Relating to Supply Chain Security Sec. 841. Modernization of acquisition processes to ensure integrity of industrial base. Sec. 842. Modification to analyses of certain activities for action to address sourcing and industrial capacity. Sec. 843. Assuring integrity of overseas fuel supplies. Sec. 844. Assessment of requirements for certain items to address supply chain vulnerabilities. Sec. 845. Department of Defense research and development priorities. Sec. 846. Report on the Manufacturing Engineering Education Program. Sec. 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries. Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region. Subtitle F—Industrial Base Matters Sec. 851. Modifications to printed circuit board acquisition restrictions. Sec. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries. Sec. 853. Additional testing of commercial e-commerce portal models. Sec. 854. Requirement for industry days and requests for information to be open to allied defense contractors. Sec. 855. Employment transparency regarding individuals who perform work in the People’s Republic of China. Sec. 856. Briefing on compliance with contractor lobbying restrictions. Sec. 857. Congressional oversight of personnel and contracts of private security contractors. Subtitle G—Small Business Matters Sec. 861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold. Sec. 862. Modification to the pilot program for streamlining awards for innovative technology projects. Sec. 863. Protests and appeals relating to eligibility of business concerns. Sec. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns. Sec. 865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program. Sec. 866. Report on Cybersecurity Maturity Model Certification effects on small business. Sec. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards. Subtitle H—Other Matters Sec. 871. Mission management pilot program. Sec. 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps. Sec. 873. Independent study on acquisition practices and policies. Sec. 874. Pilot program to incentivize contracting with employee-owned businesses. Sec. 875. Guidance, training, and report on place of performance contract requirements. Sec. 876. Notification of certain intergovernmental support agreements. Sec. 877. Report on requests for equitable adjustment in Department of the Navy. Sec. 878. Military standards for armor materials in vehicle specifications. Title IX—Department of Defense Organization and Management Sec. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions. Sec. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity. Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. Sec. 904. Implementation of repeal of Chief Management Officer of the Department of Defense. Sec. 905. Space Force organizational matters and modification of certain space-related acquisition authorities. Sec. 906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program. Sec. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy. Sec. 908. Management innovation activities. Sec. 909. Digital talent recruiting officer. Sec. 910. Cross-functional team for emerging threat relating to anomalous health incidents. Sec. 911. Alignment of Close Combat Lethality Task Force. Sec. 912. Independent review of and report on the Unified Command Plan. Sec. 913. Study and report on the role and organization of space assets in the reserve components. Title X—General Provisions Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund. Sec. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process. Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform. Subtitle B—Counterdrug Activities Sec. 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. Sec. 1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Subtitle C—Naval Vessels and Shipyards Sec. 1011. Modification to annual naval vessel construction plan. Sec. 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair. Sec. 1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program. Sec. 1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life. Sec. 1015. Biennial report on shipbuilder training and the defense industrial base. Sec. 1016. Annual report on ship maintenance. Sec. 1017. Navy battle force ship assessment and requirement reporting. Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats. Sec. 1019. Availability of funds for retirement or inactivation of guided missile cruisers. Sec. 1020. Review of sustainment key performance parameters for shipbuilding programs. Sec. 1021. Assessment of security of global maritime chokepoints. Sec. 1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations. Subtitle D—Counterterrorism Sec. 1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense. Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Congressional oversight of alternative compensatory control measures. Sec. 1042. Modification of notification requirements for sensitive military operations. Sec. 1043. Authority to provide space and services to military welfare societies. Sec. 1044. Congressional notification of significant Army force structure changes. Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus. Sec. 1046. Comparative testing reports for certain aircraft. Sec. 1047. Special operations forces joint operating concept for competition and conflict. Sec. 1048. Limitation on availability of certain funding for operation and maintenance. Sec. 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment. Sec. 1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings. Sec. 1051. Survey on relations between members of the Armed Forces and military communities. Sec. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements. Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern. Subtitle F—Studies and Reports Sec. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review. Sec. 1062. Public availability of semi-annual summaries of reports. Sec. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense. Sec. 1064. Continuation of certain Department of Defense reporting requirements. Sec. 1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires. Sec. 1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan. Sec. 1067. Biennial assessments of Air Force Test Center. Sec. 1068. Report on 2019 World Military Games. Sec. 1069. Reports on oversight of Afghanistan. Sec. 1070. Study and report on Department of Defense excess personal property program. Sec. 1071. Optimization of Irregular Warfare Technical Support Directorate. Sec. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data. Sec. 1073. Required review of Department of Defense unmanned aircraft systems categorization. Sec. 1074. Annual report and briefing on Global Force Management Allocation Plan. Sec. 1075. Report on World War I and Korean War era Superfund facilities. Sec. 1076. Report on implementation of irregular warfare strategy. Sec. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service. Sec. 1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment. Subtitle G—Other Matters Sec. 1081. Technical, conforming, and clerical amendments. Sec. 1082. Modification to Regional Centers for Security Studies. Sec. 1083. Improvement of transparency and congressional oversight of civil reserve air fleet. Sec. 1084. Observance of National Atomic Veterans Day. Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations. Sec. 1086. National Museum of the Surface Navy. Sec. 1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport. Sec. 1088. Treatment of operational data from Afghanistan. Sec. 1089. Responsibilities for national mobilization; personnel requirements. Sec. 1090. Independent assessment with respect to Arctic region. Sec. 1091. National Security Commission on Emerging Biotechnology. Sec. 1092. Quarterly security briefings on Afghanistan. Sec. 1093. Transition of funding for non-conventional assisted recovery capabilities. Sec. 1094. Afghanistan War Commission Act of 2021. Sec. 1095. Commission on the National Defense Strategy. Title XI—Civilian Personnel Matters Sec. 1101. Amendment to diversity and inclusion reporting. Sec. 1102. Civilian personnel management. Sec. 1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense. Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies. Sec. 1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense. Sec. 1106. Repeal of 2-year probationary period. Sec. 1107. Modification of DARPA personnel management authority to attract science and engineering experts. Sec. 1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels. Sec. 1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia. Sec. 1110. Treatment of hours worked under a qualified trade-of-time arrangement. Sec. 1111. Parental bereavement leave. Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel. Sec. 1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1115. Assessment of Accelerated Promotion Program suspension. Sec. 1116. Increase in allowance based on duty at remote worksites. Sec. 1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. Sec. 1118. Occupational series for digital career fields. Title XII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel. Sec. 1202. Authority for certain reimbursable interchange of supplies and services. Sec. 1203. Extension of support of special operations for irregular warfare. Sec. 1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces. Sec. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security. Sec. 1206. Security cooperation strategy for certain combatant commands. Sec. 1207. Report on security cooperation programs. Subtitle B—Matters relating to Afghanistan and Pakistan Sec. 1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan. Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban. Sec. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan. Sec. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces. Sec. 1216. Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information. Sec. 1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan. Subtitle C—Matters relating to Syria, Iraq, and Iran Sec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1222. Defense and diplomatic strategy for Syria. Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1225. Prohibition on transfers to Badr Organization. Sec. 1226. Prohibition on transfers to Iran. Sec. 1227. Report on the military capabilities of Iran and related activities. Sec. 1228. Sense of Congress on enrichment of uranium by Iran. Subtitle D—Matters relating to Russia Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation. Sec. 1232. Extension of Ukraine Security Assistance Initiative. Sec. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises. Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member. Subtitle E—Matters relating to the Indo-Pacific Region Sec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative. Sec. 1242. Extension and modification of Pacific Deterrence Initiative. Sec. 1243. Modification of annual report on military and security developments involving the People's Republic of China. Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action. Sec. 1246. Sense of Congress on Taiwan defense relations. Sec. 1247. Statement of policy on Taiwan. Sec. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support. Sec. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan. Sec. 1250. Feasibility report on establishing military-to-military crisis communications capabilities. Sec. 1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications. Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region. Title XIII—Other matters relating to foreign nations Subtitle A—Matters relating to Europe and NATO Sec. 1301. Sense of Congress on North Atlantic Treaty Organization allies and partners. Sec. 1302. Report on Armenia-Azerbaijan conflict. Sec. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative. Subtitle B—United States-Greece Defense and Interparliamentary Partnership Act of 2021 Sec. 1311. Sense of Congress. Sec. 1312. Funding for the European Recapitalization Incentive Program. Sec. 1313. Sense of Congress on loan program. Sec. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece. Sec. 1315. IMET cooperation with Greece. Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group. Sec. 1317. Appropriate congressional committees. Subtitle C—Security cooperation and assistance Sec. 1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program. Sec. 1322. Foreign Area Officer assessment and review. Sec. 1323. Study on certain security cooperation programs. Sec. 1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome. Subtitle D—Other matters Sec. 1331. Extension and modification of authority for certain payments to redress injury and loss. Sec. 1332. Secretary of Defense Strategic Competition Initiative. Sec. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017. Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors. Sec. 1336. Security assistance in Northern Triangle countries. Sec. 1337. Report on human rights in Colombia. Sec. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean. Sec. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1340. Statement of policy and report on Yemen. Sec. 1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises. Title XIV—Other Authorizations Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B—Other Matters Sec. 1411. Acquisition of strategic and critical materials from the national technology and industrial base. Sec. 1412. Authorization to loan materials in National Defense Stockpile. Sec. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home. Title XV—Cyberspace-related Matters Subtitle A—Matters Related to Cyber Operations and Cyber Forces Sec. 1501. Development of taxonomy of cyber capabilities. Sec. 1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard. Sec. 1503. Modification of the Principal Cyber Advisor. Sec. 1504. Evaluation of Department of Defense cyber governance. Sec. 1505. Operational technology and mission-relevant terrain in cyberspace. Sec. 1506. Matters concerning cyber personnel requirements. Sec. 1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command. Sec. 1508. Coordination between United States Cyber Command and private sector. Sec. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities. Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure. Sec. 1511. Comparative analysis of cybersecurity capabilities. Sec. 1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services. Sec. 1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure. Subtitle B—Matters Related to Department of Defense Cybersecurity and Information Technology Sec. 1521. Enterprise-wide procurement of cyber data products and services. Sec. 1522. Legacy information technologies and systems accountability. Sec. 1523. Update relating to responsibilities of Chief Information Officer. Sec. 1524. Protective Domain Name System within the Department of Defense. Sec. 1525. Cybersecurity of weapon systems. Sec. 1526. Assessment of controlled unclassified information program. Sec. 1527. Cyber data management. Sec. 1528. Zero trust strategy, principles, model architecture, and implementation plans. Sec. 1529. Demonstration program for automated security validation tools. Sec. 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters. Sec. 1531. Digital development infrastructure plan and working group. Sec. 1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department. Sec. 1533. Report on the Cybersecurity Maturity Model Certification program. Sec. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system. Subtitle C—Matters Related to Federal Cybersecurity Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems. Sec. 1542. Cybersecurity vulnerabilities. Sec. 1543. Report on cybersecurity vulnerabilities. Sec. 1544. Competition relating to cybersecurity vulnerabilities. Sec. 1545. Strategy. Sec. 1546. Cyber incident response plan. Sec. 1547. National cyber exercise program. Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency. Sec. 1549. Strategic assessment relating to innovation of information systems and cybersecurity threats. Sec. 1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations. Sec. 1551. United States-Israel cybersecurity cooperation. Sec. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis. Title XVI—Space Activities, Strategic Programs, and Intelligence Matters Subtitle A—Space Activities Sec. 1601. National security space launch program. Sec. 1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration. Sec. 1603. Delegation of Authorities to Space Development Agency. Sec. 1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise. Sec. 1605. Improvements to tactically responsive space launch program. Sec. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing. Sec. 1607. Programs of record of Space Force and commercial capabilities. Sec. 1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force. Sec. 1609. Classification review of programs of the Space Force. Sec. 1610. Report on Range of the Future initiative of the Space Force. Sec. 1611. Space policy review. Sec. 1612. Annual briefing on threats to space operations. Sec. 1613. National Security Council briefing on potential harmful interference to Global Positioning System. Sec. 1614. Non-geostationary orbit satellite constellations. Sec. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development. Subtitle B—Defense Intelligence and Intelligence-Related Activities Sec. 1621. Notification of certain threats to United States Armed Forces by foreign governments. Sec. 1622. Strategy and plan to implement certain defense intelligence reforms. Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense. Sec. 1624. Report on explosive ordnance intelligence matters. Subtitle C—Nuclear Forces Sec. 1631. Participation in United States Strategic Command strategic deterrence exercises. Sec. 1632. Modification to requirements relating to nuclear force reductions. Sec. 1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States. Sec. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems. Sec. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe. Sec. 1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device. Sec. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon. Sec. 1638. Mission-design series popular name for ground-based strategic deterrent. Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile. Sec. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile. Sec. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles. Sec. 1643. Revised nuclear posture review. Sec. 1644. Review of safety, security, and reliability of nuclear weapons and related systems. Sec. 1645. Long-range standoff weapon. Sec. 1646. Ground-based strategic deterrent development program accountability matrices. Sec. 1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force. Sec. 1648. Notification regarding intercontinental ballistic missiles of China. Sec. 1649. Independent review of nuclear command, control, and communications system. Sec. 1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program. Sec. 1651. Report on re-alerting long-range bombers. Sec. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements. Sec. 1653. Briefing on consultations with United States allies regarding Nuclear Posture Review. Subtitle D—Missile Defense Programs Sec. 1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency. Sec. 1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites. Sec. 1663. Extension of period for transition of ballistic missile defense programs to military departments. Sec. 1664. Directed energy programs for ballistic and hypersonic missile defense. Sec. 1665. Guam integrated air and missile defense system. Sec. 1666. Missile defense radar in Hawaii. Sec. 1667. Certification required for Russia and China to tour certain missile defense sites. Sec. 1668. Next generation interceptors for missile defense of the United States homeland. Sec. 1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1670. Update of study on discrimination capabilities of the ballistic missile defense system. Sec. 1671. Semiannual updates on meetings held by the Missile Defense Executive Board. Sec. 1672. Matters regarding Integrated Deterrence Review. Sec. 1673. Semiannual notifications regarding missile defense tests and costs. Sec. 1674. Report on senior leadership of Missile Defense Agency. Sec. 1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense. Subtitle E—Other matters Sec. 1681. Cooperative threat reduction funds. Sec. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48. Sec. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena. Sec. 1684. Determination on certain activities with unusually hazardous risks. Sec. 1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands. Sec. 1686. Protection of Major Range and Test Facility Base. Sec. 1687. Congressional Commission on the Strategic Posture of the United States. Title XVII—Technical Amendments Related to the Transfer and Reorganization of Defense Acquisition Statutes Sec. 1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA. Sec. 1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes. Division B—Military Construction Authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries. Title XXI—Army Military Construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project. Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas. Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project. Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project. Title XXII—Navy Military Construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Title XXIII—Air Force Military Construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects. Sec. 2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida. Title XXIV—Defense Agencies Military Construction Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects. Title XXV—International Programs Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. Sec. 2512. Republic of Poland funded construction projects. Title XXVI—Guard and Reserve Forces Facilities Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Title XXVII—Base Realignment and Closure Activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado. Title XXVIII—Military Construction General Provisions Subtitle A—Military Construction Program Changes Sec. 2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects. Sec. 2802. Limitations on authorized cost and scope of work variations. Sec. 2803. Department of Defense stormwater management projects for military installations and defense access roads. Sec. 2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation. Sec. 2805. Flood risk management for military construction. Sec. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States. Subtitle B—Continuation of Military Housing Reforms Sec. 2811. Modification of calculation of military housing contractor pay for privatized military housing. Sec. 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled. Sec. 2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent. Sec. 2814. Required investments in improving military unaccompanied housing. Sec. 2815. Improvement of security of lodging and living spaces on military installations. Sec. 2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel. Subtitle C—Real Property and Facilities Administration Sec. 2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy. Sec. 2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations. Subtitle D—Military Facilities Master Plan Requirements Sec. 2831. Cooperation with State and local governments in development of master plans for major military installations. Sec. 2832. Additional changes to requirements regarding master plans for major military installations. Sec. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations. Sec. 2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements. Subtitle E—Matters Related to Unified Facilities Criteria and Military Construction Planning and Design Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects. Sec. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems. Sec. 2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations. Sec. 2844. Additional Department of Defense activities to improve energy resiliency of military installations. Subtitle F—Land Conveyances Sec. 2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California. Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts. Sec. 2853. Land conveyance, Saint Joseph, Missouri. Sec. 2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri. Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina. Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia. Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia. Subtitle G—Authorized Pilot Programs Sec. 2861. Pilot program on increased use of sustainable building materials in military construction. Sec. 2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force. Subtitle H—Asia-Pacific and Indo-Pacific Issues Sec. 2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific. Sec. 2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i. Sec. 2873. Hawai‘i Military Land Use Master Plan. Subtitle I—One-Time Reports and Other Matters Sec. 2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities. Sec. 2882. GAO review and report of military construction contracting at military installations inside the United States. Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111. Plutonium pit production capacity. Sec. 3112. Improvements to cost estimates informing analyses of alternatives. Sec. 3113. University-based defense nuclear policy collaboration program. Sec. 3114. Defense environmental cleanup programs. Sec. 3115. Modification of requirements for certain construction projects. Sec. 3116. Updates to infrastructure modernization initiative. Sec. 3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3119. Extension of enhanced procurement authority to manage supply chain risk. Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads. Sec. 3121. Portfolio management framework for National Nuclear Security Administration. Subtitle C—Reports and other matters Sec. 3131. Modifications to certain reporting requirements. Sec. 3132. Modification to terminology for reports on financial balances for atomic energy defense activities. Sec. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile. Sec. 3134. Report on plant-directed research and development. Sec. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials. Sec. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio. Sec. 3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities. Sec. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration. Sec. 3139. Study on the W80–4 nuclear warhead life extension program. Sec. 3140. Study on Runit Dome and related hazards. Sec. 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing. Title XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board. Title XXXIV—Naval Petroleum Reserves Sec. 3401. Authorization of appropriations. Title XXXV—Maritime Security Subtitle A—Maritime Administration Sec. 3501. Authorization of the Maritime Administration. Subtitle B—Other Matters Sec. 3511. Effective period for issuance of documentation for recreational vessels. Sec. 3512. Committees on maritime matters. Sec. 3513. Port Infrastructure Development Program. Sec. 3514. Uses of emerging marine technologies and practices. Sec. 3515. Prohibition on participation of long term charters in Tanker Security Fleet. Sec. 3516. Coastwise endorsement. Sec. 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing. Sec. 3518. Authorization to purchase duplicate medals. Division D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. Title XLI—PROCUREMENT Sec. 4101. Procurement. Title XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. Title XLIII—OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. Title XLIV—MILITARY PERSONNEL Sec. 4401. Military personnel. Title XLV—OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. Title XLVI—MILITARY CONSTRUCTION Sec. 4601. Military construction. Title XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs. Division E—Department of State Authorization Act of 2021 Sec. 5001. Short title. Sec. 5002. Definitions. Title LI—Organization and Operations of the Department of State Sec. 5101. Sense of Congress on importance of Department of State’s work. Sec. 5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs. Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. Sec. 5104. Office of International Disability Rights. Sec. 5105. Special appointment authority. Sec. 5106. Repeal of authority for Special Representative and Policy Coordinator for Burma. Sec. 5107. Anti-piracy information sharing. Sec. 5108. Importance of foreign affairs training to national security. Sec. 5109. Classification and assignment of Foreign Service officers. Sec. 5110. Reporting on implementation of GAO recommendations. Sec. 5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments. Sec. 5112. Art in embassies. Sec. 5113. International fairs and expositions. Sec. 5114. Amendment or repeal of reporting requirements. Title LII—Embassy Construction Sec. 5201. Embassy security, construction, and maintenance. Sec. 5202. Standard design in capital construction. Sec. 5203. Capital construction transparency. Sec. 5204. Contractor performance information. Sec. 5205. Growth projections for new embassies and consulates. Sec. 5206. Long-range planning process. Sec. 5207. Value engineering and risk assessment. Sec. 5208. Business volume. Sec. 5209. Embassy security requests and deficiencies. Sec. 5210. Overseas security briefings. Sec. 5211. Contracting methods in capital construction. Sec. 5212. Competition in embassy construction. Sec. 5213. Statement of policy. Sec. 5214. Definitions. Title LIII—Personnel Issues Sec. 5301. Defense Base Act insurance waivers. Sec. 5302. Study on Foreign Service allowances. Sec. 5303. Science and technology fellowships. Sec. 5304. Travel for separated families. Sec. 5305. Home leave travel for separated families. Sec. 5306. Sense of Congress regarding certain fellowship programs. Sec. 5307. Technical correction. Sec. 5308. Foreign Service awards. Sec. 5309. Workforce actions. Sec. 5310. Sense of Congress regarding veterans employment at the Department of State. Sec. 5311. Employee assignment restrictions and preclusions. Sec. 5312. Recall and reemployment of career members. Sec. 5313. Strategic staffing plan for the Department of State. Sec. 5314. Consulting services. Sec. 5315. Incentives for critical posts. Sec. 5316. Extension of authority for certain accountability review boards. Sec. 5317. Foreign Service suspension without pay. Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes. Sec. 5319. Waiver authority for individual occupational requirements of certain positions. Sec. 5320. Appointment of employees to the Global Engagement Center. Sec. 5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission. Sec. 5322. Report relating to Foreign Service Officer training and development. Sec. 5323. Cooperation with Office of the Inspector General. Sec. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act. Sec. 5325. Implementation of gap memorandum in selection board process. Title LIV—A Diverse Workforce: Recruitment, Retention, and Promotion Sec. 5401. Definitions. Sec. 5402. Exit interviews for workforce. Sec. 5403. Recruitment and retention. Sec. 5404. Leadership engagement and accountability. Sec. 5405. Professional development opportunities and tools. Sec. 5406. Examination and oral assessment for the Foreign Service. Sec. 5407. Payne fellowship authorization. Sec. 5408. Voluntary participation. Title LV—Information Security Sec. 5501. Definitions. Sec. 5502. List of certain telecommunications providers. Sec. 5503. Preserving records of electronic communications. Sec. 5504. Foreign Relations of the United States (FRUS) series and declassification. Title LVI—Public Diplomacy Sec. 5601. Short title. Sec. 5602. Avoiding duplication of programs and efforts. Sec. 5603. Improving research and evaluation of public diplomacy. Sec. 5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy. Sec. 5605. Streamlining of support functions. Sec. 5606. Guidance for closure of public diplomacy facilities. Sec. 5607. Definitions. Title LVII—Other Matters Sec. 5701. Limitation on assistance to countries in default. Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment. Sec. 5703. Chief of mission concurrence. Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force. Division F—Other Non-Department of Defense Matters Title LXI—Financial Services Matters Sec. 6101. FinCEN Exchange. Sec. 6102. Adverse information in cases of trafficking. Sec. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts. Sec. 6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank. Sec. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies. Sec. 6106. Illicit finance improvements. Sec. 6107. Briefing on delegation of examination authority under the Bank Secrecy Act. Title LXII—Foreign Service Families Act of 2021 Sec. 6201. Short title. Sec. 6202. Telecommuting opportunities. Sec. 6203. Employment and education programs for eligible family members of members of the Foreign Service. Sec. 6204. Briefing on Foreign Service family reserve corps. Sec. 6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees. Sec. 6206. In-State tuition rates for members of qualifying Federal service. Sec. 6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service. Title LXIII—Barry Goldwater Scholarship and Excellence in Education Modernization Act Sec. 6301. Short title. Sec. 6302. Clarifying amendments to definitions. Sec. 6303. Barry Goldwater Scholarship and Excellence in Education Awards. Sec. 6304. Stipends. Sec. 6305. Scholarship and research internship conditions. Sec. 6306. Sustainable investments of funds. Sec. 6307. Administrative provisions. Title LXIV—Department of Homeland Security Measures Subtitle A—DHS Headquarters, Research and Development, and Related Matters Sec. 6401. Employee engagement steering committee and action plan. Sec. 6402. Annual employee award program. Sec. 6403. Chief Human Capital Officer responsibilities. Sec. 6404. Independent investigation and implementation plan. Sec. 6405. Authorization of the acquisition professional career program. Sec. 6406. National urban security technology laboratory. Sec. 6407. Department of Homeland Security Blue Campaign enhancement. Sec. 6408. Medical countermeasures program. Sec. 6409. Critical domain research and development. Sec. 6410. CBP Donations Acceptance Program Reauthorization. Subtitle B—Transportation Security Sec. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response. Sec. 6412. Transportation Security Preparedness Plan. Sec. 6413. Authorization of Transportation Security Administration personnel details. Sec. 6414. Transportation Security Administration preparedness. Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints. Sec. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs. Sec. 6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs. Sec. 6418. Threat information sharing. Sec. 6419. Local law enforcement security training. Sec. 6420. Allowable uses of funds for public transportation security assistance grants. Sec. 6421. Periods of performance for public transportation security assistance grants. Sec. 6422. GAO review of public transportation security assistance grant program. Sec. 6423. Sensitive security information; aviation security. Title LXV—Other matters relating to foreign affairs Sec. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations. Sec. 6502. Required notification and reports related to Peacekeeping Operations account. Sec. 6503. Transnational Repression Accountability and Prevention. Sec. 6504. Human rights awareness for American athletic delegations. Sec. 6505. Cooperation between the United States and Ukraine regarding the titanium industry. Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing. Sec. 6507. Report on net worth of Syrian President Bashar al-Assad. Sec. 6508. Annual report on United States policy toward South Sudan. Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN. Sec. 6510. Supporting democracy in Burma. Sec. 6511. United States Grand Strategy with respect to China. Title LXVI—Other Matters Sec. 6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries. Sec. 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria. Sec. 6603. Anomalous health incidents interagency coordinator. Sec. 6604. Chief Human Capital Officers Council annual report. Sec. 6605. National Global War on Terrorism Memorial. Sec. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science. Sec. 6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies. Sec. 6608. Catawba Indian Nation lands. Sec. 6609. Property disposition for affordable housing. Sec. 6610. Blocking deadly fentanyl imports. 3. Congressional defense committees In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. 4. Budgetary effects of this Act The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses. 5. Explanatory statement The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 8, 2021, by the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Committee on Armed Services of the Senate, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference. 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101. 111. Modification of deployment by the Army of interim cruise missile defense capability Section 112(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1660), as amended by section 111(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) in paragraph (1), by striking shall deploy the capability as follows: and all that follows through the period at the end and inserting shall deploy two batteries of the capability by not later than September 30, 2020. ; (2) in paragraph (2)— (A) in the paragraph heading, by striking deadlines and inserting deadline ; (B) in the matter preceding subparagraph (A), by striking deadlines and inserting deadline ; (C) in subparagraph (F), by adding and at the end; (D) by striking subparagraph (G); and (E) by redesignating subparagraph (H) as subparagraph (G); and (3) in paragraph (4), by striking deadlines specified in paragraph (1): and all that follows through the period at the end and inserting deadline specified in paragraph (1) if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadline.. 112. Multiyear procurement authority for AH–64E Apache helicopters (a) Authority for multiyear procurement Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of AH–64E Apache helicopters. (b) Condition for out-year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters (a) Authority for multiyear procurement Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of UH–60M and HH–60M Black Hawk helicopters. (b) Condition for out-year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year. 114. Continuation of Soldier Enhancement Program (a) Requirement to continue program The Secretary of the Army, acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology in accordance with subsection (b), shall continue to carry out the Soldier Enhancement Program established pursuant to section 203 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 ( Public Law 101–189 ; 103 Sat. 1394). (b) Responsible official The Secretary of the Army shall designate the Assistant Secretary of the Army for Acquisition, Logistics, and Technology as the official in the Department of the Army with principal responsibility for the management of the Soldier Enhancement Program under subsection (a). (c) Duties The duties of the Soldier Enhancement Program shall include the identification, research, development, test, and evaluation of commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) and software applications to accelerate the efforts of the Army to integrate, modernize, and enhance weapons and equipment for use by Army soldiers, including— (1) lighter, more lethal weapons; and (2) support equipment, including lighter, more comfortable load-bearing equipment, field gear, combat clothing, survivability items, communications equipment, navigational aids, night vision devices, tactical power, sensors, and lasers. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System (a) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Army for procurement for the Integrated Visual Augmentation System, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Army submits to the congressional defense committees the report required under subsection (b). (b) Report required (1) In general Not later than the date specified in paragraph (3), the Secretary of the Army shall submit to the congressional defense committees a report on the Integrated Visual Augmentation System of the Army. (2) Elements The report required by paragraph (1) shall include the following: (A) A certification from the Secretary of the Army that the Integrated Visual Augmentation System is sufficiently reliable to meet operational needs for mean time between failure to support planned operational mission profiles. (B) A certification from the Secretary of the Army that the tactical network is sufficiently suitable and reliable to support the operational employment of the System, including the System’s ability to integrate into command networks. (C) (i) A certification from the Secretary of the Army that the duration of the System’s battery power is suitable and reliable enough to meet planned operational mission requirements. (ii) A plan to ensure the battery management of the System meets such requirements. (D) A plan to enable the System to display position location and identification information for adjacent units, non-System-equipped platforms, and soldiers. (E) A plan, including critical milestones, to achieve certified three-dimensional geospatial data within the System for dynamic and precision targeting. (F) A basis-of-issue plan based on lessons from the developmental and operational testing of the System. (G) A plan for iterative improvements to sensors, software, and form factor throughout production and procurement of the System. (H) Any other matters that the Secretary considers relevant to the full understanding of the status of and plan for the System. (3) Date specified The date specified in this paragraph is a date selected by the Secretary of the Army that is not later than 60 days after the date on which initial operational testing of the Integrated Visual Augmentation System of the Army has been completed. (c) Assessment required Not later than 60 days after the date on which the Secretary of the Army submits the report required under subsection (b), the Director of Operational Test and Evaluation shall submit to the congressional defense committees an assessment of the validity, reliability, and objectivity of the report with respect to each element described in subsection (b)(2). 116. Strategy and authority for the procurement of components for the next generation squad weapon (a) Strategy required The Secretary of the Army shall develop and implement a competitive procurement strategy to identify, test, qualify, and procure components and accessories for the next generation squad weapon of the Army, including magazines, that are capable of improving the performance of such weapon, with an emphasis on the procurement of— (1) commercially available off-the-shelf items; (2) nondevelopmental items; and (3) components and accessories previously developed by the Army that may be used for such weapon. (b) Market survey Upon receipt of the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall initiate a market survey to identify components and accessories for the weapon that meet the criteria described in subsection (a). (c) Authorization After completing the market survey under subsection (b), the Secretary of the Army may enter into one or more contracts for the procurement of components and accessories for the next generation squad weapon that meet the criteria described in subsection (a). (d) Information to Congress Not later than one year after receiving the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall submit to the congressional defense committees a report that includes— (1) the competitive acquisition strategy developed under subsection (a), including timelines for the fielding of components and accessories for such weapon that— (A) are commercially available off-the-shelf items or nondevelopmental items; and (B) are capable of improving the performance of such weapon; (2) an assessment of the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon, including a comparison of— (A) the mean rounds between stoppage and mean rounds between failure of such weapon; and (B) the mean rounds between stoppage and mean rounds between failure of currently fielded weapons; (3) an explanation of whether any items identified in the market survey conducted under subsection (b) demonstrate the ability to increase the mean rounds between stoppage or the mean rounds between failure of the next generation squad weapon; and (4) a plan to increase the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon. (e) Definitions In this section: (1) The term commercially available off-the-shelf items has the meaning given that term in section 104 of title 41, United States Code. (2) The term nondevelopmental items has the meaning given that term in section 110 of title 41, United States Code. 121. Extension of procurement authority for certain amphibious shipbuilding programs Section 124(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking fiscal year 2021 and inserting fiscal years 2021 and 2022. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers Section 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1665), as most recently amended by section 127 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking for fiscal years 2019, 2020, or 2021 and inserting for fiscal years 2019, 2020, 2021, or 2022. 123. Extension of report on Littoral Combat Ship mission packages Section 123(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2030) is amended by striking fiscal year 2022 and inserting fiscal year 2027. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers (a) In general The Secretary of the Navy shall ensure that an advanced degaussing system is incorporated into any Arleigh Burke class destroyer procured in fiscal year 2025 or any subsequent fiscal year pursuant to a covered contract. (b) Covered contract defined In this section, the term covered contract means an annual or multiyear contract for the procurement of an Arleigh Burke class destroyer that is entered into by the Secretary of the Navy on or after the date of the enactment of this Act. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers (a) In general Not later than March 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a report on the potential benefits of a multiyear contract for the period of fiscal years 2023 through 2027 for the procurement of Flight III Arleigh Burke class destroyers in the quantities specified in subsection (c). (b) Elements The report required by subsection (a) shall include preliminary findings, and the basis for such findings, of the Secretary with respect to whether— (1) the use of a contract described in such subsection could result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts; (2) the minimum need for the destroyers described in such subsection to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities; (3) there is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation; (4) there is a stable design for the destroyers to be acquired and that the technical risks associated with such property are not excessive; (5) the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic; (6) the use of such a contract will promote the national security of the United States; and (7) a decision not to use such a contract will affect the industrial base and, if so, the nature of such effects. (c) Evaluation by quantity The report required by subsection (a) shall evaluate the potential of procuring each of the following quantities of Flight III Arleigh Burke-class destroyers over the period described in such subsection: (1) 10. (2) 12. (3) 15. (4) Any other quantities the Secretary of the Navy considers appropriate. 126. Acquisition, modernization, and sustainment plan for carrier air wings (a) Plan required Not later than April 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a 15-year acquisition, modernization, and sustainment plan for the carrier air wings of the Navy. (b) Elements The plan required by subsection (a) shall include the following: (1) (A) An assessment of whether and to what extent the capabilities, capacity, and composition of the carrier air wings in existence as of the date of plan meet the requirements of the National Defense Strategy; and (B) a plan to address any known shortfalls of such carrier wings, including shortfalls with respect to aerial refueling aircraft capacity and strike-fighter combat radius. (2) An operational risk assessment and risk mitigation plan regarding the nine carrier air wings that, as of the date of the plan, support combatant commander steady-state peacetime and potential major contingency requirements. (3) An explanation of when the Secretary of the Navy will field a minimum of 10 carrier air wings in accordance with section 8062(e) of title 10, United States Code. (4) An identification and explanation of the role of autonomous and remotely-piloted aircraft, including the MQ–25 aircraft, and other potential capabilities and platforms planned to be fielded in future carrier air wings. (5) A detailed deck and hangar space plan that supports realistic peacetime steady-state or contingency surge level fixed-wing aircraft and rotorcraft preparation activities, flight operations, and onboard unit-level maintenance, repair, and sustainment activities for future carrier air wings. (6) An appropriate modernization plan to maximize operational use of platforms in existence as of the date of the plan, particularly the EA–18G aircraft and the E–2D aircraft, by leveraging available technologies such as Next Generation Jammer. (7) An identification of the logistics supply chain support and modernization plan required during peacetime steady-state and contingency operations for future carrier air wings, particularly as it relates to implementing the organic C–130 and C–40 logistics tethering strategy. (8) A detailed explanation for the Secretary of the Navy’s decision to modify carrier air wing composition to one squadron of 14 F–35C aircraft instead of the originally planned two squadrons of 10 F–35C aircraft. 127. Report on material readiness of Virginia class submarines of the Navy (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the material readiness of the Virginia class submarines. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the number of components and parts that have required replacement prior to the end of their estimated useful life or scheduled replacement timeline, including efforts to increase the reliability of life of ship components. (2) An assessment of the extent to which part and material shortages have impacted deployment and maintenance availability schedules, including an estimate of the number of active part cannibalizations or other actions taken to mitigate those impacts. (3) An identification of the planned lead time to obtain key material for Virginia class submarines from shipbuilders and vendors. (4) An identification of the actual lead time to obtain such material from shipbuilders and vendors. (5) An identification of the cost increases of key components and parts for new construction and maintenance availabilities above planned material costs. (6) An assessment of potential courses of action to improve the material readiness of the Virginia class submarines, including efforts to align new construction shipyards with maintenance shipyards and Naval Sea Systems Command to increase predictability of materials and purchasing power. (7) Such recommendations as the Secretary may have for legislative changes, authorities, realignments, and administrative actions, including reforms of the Federal Acquisition Regulation, to improve the material readiness of the Virginia class submarines. (8) Such other elements as the Secretary considers appropriate. 131. Extension of inventory requirement for Air Force fighter aircraft (a) Extension of inventory requirement Section 9062(i)(1) of title 10, United States Code, is amended by striking October 1, 2022 and inserting October 1, 2026. (b) Reports on retirement of Air Force fighter aircraft Section 131 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1314; 10 U.S.C. 9062 note) is amended— (1) by amending subsection (b) to read as follows: (b) Report on retirement of aircraft (1) In general Beginning with fiscal year 2023, for any fiscal year in which the Secretary of the Air Force expects the total aircraft inventory of fighter aircraft of the Air Force or the total primary mission aircraft inventory of fighter aircraft of the Air Force to decrease below the levels specified in section 9062(i)(1) of title 10, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following: (A) A detailed rationale for the retirement of existing fighter aircraft and a detailed operational analysis of the portfolio of capabilities of the Air Force that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft. (B) An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft and how existing aircraft inventory levels and unit personnel levels for the active and reserve components are proposed to change during the fiscal year in which fighter aircraft will be retired. (C) A detailed assessment of the current operational risk and the operational risk that will be incurred for meeting— (i) the requirements of the National Defense Strategy and combatant commanders; and (ii) operational plans for major contingency operations and steady-state or rotational operations. (D) Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate. (2) Timing of report Each report required under paragraph (1) shall be included in the materials submitted in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for the fiscal year in which applicable decrease in fighter aircraft inventory levels is expected to occur. ; (2) by striking subsection (c); and (3) by redesignating subsection (d) as subsection (c). 132. Contract for logistics support for VC–25B aircraft Section 143 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1668) is amended— (1) in paragraph (1), by striking , unless otherwise approved in accordance with established procedures ; and (2) in paragraph (2), by inserting such before logistics support contract. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons (a) Prohibition During the covered period, the Secretary of the Air Force may not— (1) modify the designed operational capability statement for any B–1 bomber aircraft squadron, as in effect on the date of the enactment of this Act, in a manner that would reduce the capabilities of such a squadron below the levels specified in such statement as in effect on such date; or (2) reduce, below the levels in effect on such date of enactment, the number of personnel assigned to units responsible for the operation and maintenance of B–1 aircraft if such reduction would affect the ability of such units to meet the capability described in paragraph (1). (b) Exception The prohibition under subsection (a) shall not apply to an individual unit for which the Secretary of the Air Force has commenced the process of replacing B–1 bomber aircraft with B–21 bomber aircraft. (c) Definitions In this section: (1) The term covered period means the period beginning on the date of the enactment of this Act and ending on September 30, 2023. (2) The term designed operational capability statement has the meaning given that term in Air Force Instruction 10–201. 134. Prohibition on use of funds for retirement of A–10 aircraft (a) Prohibition Notwithstanding sections 134 and 135 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2037), and except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2022 for the Air Force may be obligated to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft. (b) Exception (1) In general The limitation under subsection (a) shall not apply to an individual A–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a Class A mishap. (2) Certification required If the Secretary determines under paragraph (1) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance or repairs or other reasons. (3) Certification additional Any certification submitted under paragraph (2) shall be in addition to the notification and certification required by section 135(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2039). 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program (a) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B–52 Commercial Engine Replacement Program, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in section 2432 of title 10, United States Code, for the most recently concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1). (b) Additional requirements (1) Treatment of baseline estimate The Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2020 as the original Baseline Estimate for the Program. (2) Unit cost reports and critical cost growth (A) Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2020 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph (B) or subparagraph (C) of section 2433a(c)(1) of such title with respect to the Program. (B) In carrying out the review required by section 2433a of such title, the Secretary shall not enter into a transaction under section 2371 or 2371b of such title, exercise an option under such a transaction, or otherwise extend such a transaction with respect to the B–52 Commercial Engine Replacement Program except to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources. (c) Definitions In this section: (1) The term Baseline Estimate has the meaning given the term in section 2433(a)(2) of title 10, United States Code. (2) The term milestone decision authority has the meaning given the term in section 2366b(g)(3) of title 10, United States Code. (3) The term original Baseline Estimate has the meaning given the term in section 2435(d)(1) of title 10, United States Code. (4) The term Selected Acquisition Report means a Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States Code. 136. Limitation on availability of funds pending information on bridge tanker aircraft (a) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of the Air Force for travel expenses, not more than thirty-five percent may be obligated or expended until— (1) the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees a report outlining the requirements for the bridge tanker aircraft; and (2) the Secretary of the Air Force submits to the congressional defense committees— (A) a report detailing the acquisition strategy for the bridge tanker aircraft; (B) a certification identifying the amount of funds required for the acquisition of the bridge tanker aircraft; and (C) a plan for the development of the advanced aerial refueling tanker aircraft (commonly referred to as the KC–Z ). (b) Bridge tanker aircraft defined In this section, the term bridge tanker aircraft means the follow-on tanker aircraft (commonly referred to as the KC–Y ). 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft (a) Repeal of minimum inventory requirements for KC–10A aircraft Section 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; (3) in subsection (b), as so redesignated, by striking subsection (e) and inserting subsection (d) ; and (4) by amending subsection (d), as so redesignated, to read as follows: (d) Exceptions The requirement in subsection (b) shall not apply to an aircraft otherwise required to be maintained by that subsection if the Secretary of the Air Force— (1) at any time during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, determines, on a case-by-case basis, that such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair; or (2) during fiscal year 2023, certifies in writing to the congressional defense committees, not later than 30 days before the date of divestment of such aircraft, that the Air Force can meet combatant command tanker aircraft requirements by leveraging Air National Guard and Air Force Reserve capacity with increased Military Personnel Appropriation (MPA) Man-day Tours to the reserve force.. (b) Limitation on retirement of KC–135 Aircraft (1) Limitation Notwithstanding section 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and except as provided in paragraph (2), the Secretary of the Air Force may not retire more than 18 KC–135 aircraft during the period beginning on the date of the enactment of this Act and ending on October 1, 2023. (2) Exception The limitation in paragraph (1) shall not apply to individual KC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair. (c) Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force. (d) Primary mission aircraft inventory defined In this section, the term primary mission aircraft inventory has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code. 138. Minimum inventory of tactical airlift aircraft (a) Minimum inventory requirement During the covered period, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft. (b) Exception The Secretary of the Air Force may reduce the number of tactical airlift aircraft in the Air Force below the minimum number specified in subsection (a) if the Secretary determines, on a case-by-case basis, that an aircraft is no longer mission capable because of a mishap or other damage. (c) Covered period defined In this section, the term covered period means the period— (1) beginning on October 1, 2021; and (2) ending on the later of— (A) October 1, 2022; or (B) the date of the enactment of the next National Defense Authorization Act enacted after the date of the enactment of this Act. 139. Report relating to reduction of total number of tactical airlift aircraft (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on any plans of the Air Force to reduce the total number of tactical airlift aircraft in the inventory of the Air Force. (b) Elements The report required under subsection (a) shall include, with respect to any plan of the Air Force to reduce the total number of tactical airlift aircraft— (1) the justification for such reduction; (2) an explanation of whether and to what extent domestic operations was considered as part of such justification; (3) analysis of the role of domestic operations during concurrent contingency operations; (4) analysis of the C–130 aircraft force structures recommended to support wartime mobility requirements as set forth in— (A) the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1321); and (B) the mobility capability requirements study conducted under section 1712 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1803); (5) the Secretary’s justification for any increased risk that may result from accepting a C–130 aircraft force structure smaller than the force structure recommended by such studies; and (6) an explanation of whether and to what extent Governors of States that may be affected by the planned reduction were consulted as part of the decision making process. (c) Form of report The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program (a) F–35A quantity limit for the Air Force (1) Limitation Beginning on October 1, 2028, the total number of F–35A aircraft that the Secretary of the Air Force may maintain in the aircraft inventory of the Air Force may not exceed the lesser of— (A) 1,763; or (B) the number obtained by— (i) multiplying 1,763 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35A aircraft of the Air Force (as determined by the Secretary of the Air Force in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35A aircraft of the Air Force during fiscal year 2027 (as determined by the Secretary of the Air Force in accordance with subsection (f)). (b) F–35B quantity limit for the Marine Corps (1) Limitation Beginning on October 1, 2028, the total number of F–35B aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of— (A) 353; or (B) the number obtained by— (i) multiplying 353 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35B aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35B aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (c) F–35C quantity limit for the Navy (1) Limitation Beginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Navy may not exceed the lesser of— (A) 273; or (B) the number obtained by— (i) multiplying 273 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35C aircraft of the Navy (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Navy during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (d) F–35C Quantity limit for the Marine Corps (1) Limitation Beginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of— (A) 67; or (B) the number obtained by— (i) multiplying 67 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35C aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (e) Determination of required affordability cost targets (1) Air force Not later than October 1, 2025, the Secretary of the Air Force shall— (A) determine an affordability cost target to be used for purposes of subsection (a)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35A aircraft of the Air force for fiscal year 2027; and (B) submit to the congressional defense committees a certification identifying the affordability cost target determined under subparagraph (A). (2) Navy and Marine Corps Not later than October 1, 2025, the Secretary of the Navy shall— (A) determine an affordability cost target to be used for purposes of subsection (b)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35B aircraft of the Marine Corps for fiscal year 2027; (B) determine an affordability cost target to be used for purposes of subsection (c)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Navy for fiscal year 2027; (C) determine an affordability cost target to be used for purposes of subsection (d)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Marine Corps for fiscal year 2027; and (D) submit to the congressional defense committees a certification identifying each affordability cost target determined under subparagraphs (A) through (C). (f) Determination of actual cost-per-tail-per-year for fiscal year 2027 — (1) In general Not later than 90 days after the end of fiscal year 2027— (A) the Secretary of the Air Force shall determine the average cost-per-tail of the F–35A aircraft of the Air Force during fiscal year 2027; and (B) the Secretary of the Navy shall determine the average cost-per-tail of— (i) the F–35B aircraft of the Marine Corps during fiscal year 2027; (ii) the F–35C aircraft of the Navy during fiscal year 2027; and (iii) the F–35C aircraft of the Marine Corps during fiscal year 2027. (2) Calculation For purposes of paragraph (1), the average cost-per-tail of a variant of an F–35 aircraft of an Armed Force shall be determined by— (A) adding the total amount expended for fiscal year 2027 (in base year fiscal 2012 dollars) for all such aircraft in the inventory of the Armed Force for— (i) unit level manpower; (ii) unit operations; (iii) maintenance; (iv) sustaining support; (v) continuing system support; and (vi) modifications; and (B) dividing the sum obtained under subparagraph (A) by the average number of such aircraft in the inventory of the Armed Force during such fiscal year. (g) Waiver authority The Secretary of Defense may waive the quantity limits under any of subsections (a) through (d) if, prior to issuing such a waiver, the Secretary certifies to the congressional defense committees that procuring additional quantities of a variant of an F–35 aircraft above the applicable quantity limit are required to meet the national military strategy requirements of the combatant commanders. The authority of the Secretary under this subsection may not be delegated. (h) Aircraft defined In this section, the term aircraft means aircraft owned and operated by an Armed Force of the United States and does not include aircraft owned or operated by an armed force of a foreign country. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy (a) Transfer of functions (1) Sustainment functions Not later than October 1, 2027, the Secretary of Defense shall transfer all functions relating to the management, planning, and execution of sustainment activities for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows: (A) All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (B) All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (2) Acquisition functions Not later than October 1, 2029, the Secretary of Defense shall transfer all acquisition functions for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows: (A) All functions of the F–35 Joint Program Office relating to the acquisition of F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (B) All functions of the F–35 Joint Program Office relating to the acquisition of F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (b) Transition plan Not later than October 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Air Force and the Secretary of the Navy, shall submit to the congressional defense committees a plan for carrying out the transfers required under subsection (a). 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities (a) Review of redundancies The Secretary of Defense shall conduct a review of all established and planned efforts to provide air-based and space-based ground moving target indicator capability to identify, eliminate, and prevent redundancies of such efforts across the Department of Defense. (b) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the capability described in subsection (a), not more than 75 percent may be obligated or expended for procurement or research and development for such capability until the date on which the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees the information required under subsection (c). (c) Information required The Vice Chairman of the Joint Chiefs of Staff, in consultation with the Secretaries of the military departments and the heads of such other agencies as the Secretary of Defense considers relevant to the ground moving target indicator capability described in subsection (a), shall submit to the congressional defense committees the following: (1) A list of all procurement and research and development efforts relating to the capability that are funded by— (A) the Department of Defense; or (B) any other department or agency of the Federal Government. (2) A description of how the efforts described in paragraph (1) will— (A) provide real-time information to relevant military end users through the use of air battle managers; and (B) meet the needs of combatant commanders with respect to priority target tasking. (3) Analysis of whether, and to what extent, the efforts described in paragraph (1) comply with— (A) the joint all domain command and control requirements and standards of the Department; and (B) the validated requirements of the Joint Requirements Oversight Council with respect to ground moving target indicator capabilities. (4) Identification of any potential areas of overlap among the efforts described in paragraph (1). 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the procurement of aircraft systems for the armed overwatch program of the United States Special Operations Command may be obligated or expended until a period of 15 days has elapsed following the date on which the acquisition roadmap required by section 165(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is submitted to the congressional defense committees. 145. Analysis of certain radar investment options (a) Analysis required (1) In general The Director of Cost Assessment and Program Evaluation shall conduct an analysis of covered radar systems operating in the Navy and the Missile Defense Agency over the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code. (2) Elements The analysis conducted under paragraph (1) shall include the following: (A) An independent cost estimate of each covered radar system described in paragraph (1) and each variant thereof. (B) An assessment of the capability provided by each such system and variant to address current and future air and missile defense threats. (C) In the case of covered radar systems operating in the Navy, an assessment of the capability and technical suitability of each planned configuration for such systems to support current and future distributed maritime operations in contested environments. (b) Report Not later than May 1, 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report that includes the following: (1) The results of the analysis conducted under subsection (a)(1). (2) Such recommendations as the Director may have to achieve greater capability, affordability, and sustainability across covered radar systems described in subsection (a)(1), including variants thereof, during fiscal years 2022 through 2027, including whether— (A) to continue to develop and maintain each covered radar system separately; or (B) to pursue fewer configurations of such systems. (c) Covered radar systems defined In this section, the term covered radar systems means radar systems with the following designations an any variants thereof: (1) AN/SPY–1. (2) AN/SPY–3. (3) AN/SPY–6. (4) AN/SPY–7. 146. Review and briefing on fielded major weapon systems (a) Review and briefing required Not later than March 1, 2023, the Secretary of Defense shall conduct a review, and provide a briefing to the congressional defense committees, on the processes of the Department of Defense for the management of strategic risk with respect to capabilities of fielded major weapon systems funded in the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, including a description of the analytical and implementation methodologies used— (1) to ensure that fielded major weapon systems meet current and emerging military threats; (2) to upgrade or replace any fielded major weapon systems that is not capable of effectively meeting operational requirements or current, evolving, or emerging threats; and (3) to develop and implement plans for the replacement and divestment of fielded major weapon systems that address lower-priority military threats, as determined by intelligence assessments and operational requirements. (b) Major weapon system defined In this section, the term major weapon system has the meaning given such term under section 2379(f) of title 10, United States Code. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats Not later than February 1, 2022, and on a semiannual basis thereafter through February 1, 2024, the Secretary of the Air Force and the Secretary of the Navy shall each submit to the congressional defense committees a report that includes, with respect to each location at which active flying operations are conducted or planned as of the date report— (1) the number of aircrew ejection seats installed in the aircraft used, or expected to be used, at such location; (2) of the ejection seats identified under paragraph (1), the number that have been, or are expected to be, placed in service subject to a waiver due to— (A) deferred maintenance; or (B) the inability to obtain parts to make repairs or to fulfill time-compliance technical orders; and (3) for each ejection seat subject to a waiver as described in paragraph (2)— (A) the date on which the waiver was issued; and (B) the name and title of the official who authorized the waiver. 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201. 211. Codification of National Defense Science and Technology Strategy (a) In general Chapter 2 of title 10, United States Code, as amended by section 1081 of this Act, is further amended by inserting before section 119, the following new section: 118c. National Defense Science and Technology Strategy (a) In general The Secretary of Defense shall develop a strategy— (1) to articulate the science and technology priorities, goals, and investments of the Department of Defense; (2) to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and (3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies. (b) Elements The strategy required under subsection (a) shall— (1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President; (2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including— (A) personnel and workforce capabilities; (B) facilities for research and test infrastructure; (C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and (D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded; (3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; (4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; (5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title; (6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations; (7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps; (8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and (9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base. (c) Coordination The Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations. (d) Considerations In developing the strategy under subsection (a), the Secretary of Defense shall consider— (1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners; (2) current military requirements and emerging technologies in the defense and commercial sectors; (3) the capabilities of foreign near-peer and peer nations; (4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and (5) near-term, mid-term, and long-term technology and capability development goals. (e) Reports (1) Subsequent reports and updates Not later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense. (2) Form of reports The reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate. (f) Briefing Not later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy. (g) Designation The strategy developed under subsection (a) shall be known as the National Defense Science and Technology Strategy.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 119 the following new item: 118c. National Defense Science and Technology Strategy.. (c) Conforming repeal Section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679) is repealed. (d) Conforming amendment Section 2358b(c)(2)(B)(ii) of title 10, United States Code, is amended by striking section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679) and inserting section 118c of this title. 118c. National Defense Science and Technology Strategy (a) In general The Secretary of Defense shall develop a strategy— (1) to articulate the science and technology priorities, goals, and investments of the Department of Defense; (2) to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and (3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies. (b) Elements The strategy required under subsection (a) shall— (1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President; (2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including— (A) personnel and workforce capabilities; (B) facilities for research and test infrastructure; (C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and (D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded; (3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; (4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; (5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title; (6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations; (7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps; (8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and (9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base. (c) Coordination The Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations. (d) Considerations In developing the strategy under subsection (a), the Secretary of Defense shall consider— (1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners; (2) current military requirements and emerging technologies in the defense and commercial sectors; (3) the capabilities of foreign near-peer and peer nations; (4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and (5) near-term, mid-term, and long-term technology and capability development goals. (e) Reports (1) Subsequent reports and updates Not later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense. (2) Form of reports The reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate. (f) Briefing Not later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy. (g) Designation The strategy developed under subsection (a) shall be known as the National Defense Science and Technology Strategy. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders (a) In general Section 2358a of title 10, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): (f) Direct hire authority at personnel demonstration laboratories for advanced degree holders (1) Authority The Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in paragraph (2) without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title. (2) Applicability This subsection applies with respect to candidates for scientific and engineering positions within any laboratory designated by section 4121(b) of this title as a Department of Defense science and technology reinvention laboratory. (3) Limitation (A) Authority under this subsection may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of candidates greater than the number equal to 5 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year. (B) For purposes of this paragraph, positions and candidates shall be counted on a full-time equivalent basis.. (b) Repeal Section 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4618 ) is hereby repealed. (c) Conforming amendments (1) Section 255(b)(5)(B) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2223a note) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of. (2) Section 223(d)(3)(C) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking in section 2358a(f) of and inserting in section 2358a(g) of. (3) Section 249(g)(1)(C) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of. 213. Duties and regional activities of the Defense Innovation Unit (a) Duties of DIU joint reserve detachment Clause (ii) of section 2358b(c)(2)(B) of title 10, United States Code, is amended to read as follows: (ii) the technology requirements of the Department of Defense, as identified in the most recent— (I) National Defense Strategy; (II) National Defense Science and Technology Strategy as directed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679); and (III) relevant policy and guidance from the Secretary of Defense; and. (b) Regional activities Subject to the availability of appropriations for such purpose, the Secretary of Defense may expand the efforts of the Defense Innovation Unit to engage and collaborate with private-sector industry and communities in various regions of the United States— (1) to accelerate the adoption of commercially developed advanced technology in modernization priority areas and such other key technology areas as may be identified by the Secretary; and (2) to expand outreach to communities that do not otherwise have a Defense Innovation Unit presence, including economically disadvantaged communities. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research (a) In general Chapter 301 of title 10, United States Code, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, is further amended by inserting after section 4007 the following new section: 4010. Defense Established Program to Stimulate Competitive Research (a) Program required The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) Program objectives The objectives of the program are as follows: (1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense. (2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance. (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. (c) Program activities In order to achieve the program objectives, the following activities are authorized under the program: (1) Competitive award of grants for research and instrumentation to support such research. (2) Competitive award of financial assistance for graduate students. (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers. (4) Any other activities that are determined necessary to further the achievement of the objectives of the program. (d) Eligible States (1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. (2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary— (A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1⁄50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State. (3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years. (e) Coordination with similar federal programs (1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. (2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. (f) State defined In this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.. (b) Clerical amendment The table of sections at the beginning of chapter 301 of such title, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, is further amended by striking the item relating to section 4010 and inserting the following new item: 4010. Defense Established Program to Stimulate Competitive Research.. (c) Conforming repeals (1) Section 307 of title I of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia ( Public Law 105–18 ; 10 U.S.C. 2358 note) is repealed. (2) Section 257 of title II of division A of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) is repealed. (d) Effective date This section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). 4010. Defense Established Program to Stimulate Competitive Research (a) Program required The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) Program objectives The objectives of the program are as follows: (1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense. (2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance. (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. (c) Program activities In order to achieve the program objectives, the following activities are authorized under the program: (1) Competitive award of grants for research and instrumentation to support such research. (2) Competitive award of financial assistance for graduate students. (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers. (4) Any other activities that are determined necessary to further the achievement of the objectives of the program. (d) Eligible States (1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. (2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary— (A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1⁄50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State. (3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years. (e) Coordination with similar federal programs (1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. (2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. (f) State defined In this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories (a) In general Subchapter III of chapter 303 of title 10, United States Code, as added by section 1842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the heading for subchapter III the following new section: 4121. Science and technology reinvention laboratories: authority and designation (a) In general (1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. (2) (A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 ( Public Law 98–224 ) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that— (A) subsection (d) of such section 4703 shall not apply to the demonstration project; (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and (C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). (4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. (5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. (b) Designation of laboratories Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): (1) The Air Force Research Laboratory. (2) The Joint Warfare Analysis Center. (3) The Army Research Institute for the Behavioral and Social Sciences. (4) The Combat Capabilities Development Command Armaments Center. (5) The Combat Capabilities Development Command Army Research Laboratory. (6) The Combat Capabilities Development Command Aviation and Missile Center. (7) The Combat Capabilities Development Command Chemical Biological Center. (8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. (9) The Combat Capabilities Development Command Ground Vehicle Systems Center. (10) The Combat Capabilities Development Command Soldier Center. (11) The Engineer Research and Development Center. (12) The Medical Research and Development Command. (13) The Technical Center, US Army Space and Missile Defense Command. (14) The Naval Air Systems Command Warfare Centers. (15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. (16) The Naval Information Warfare Centers, Atlantic and Pacific. (17) The Naval Medical Research Center. (18) The Naval Research Laboratory. (19) The Naval Sea Systems Command Warfare Centers. (20) The Office of Naval Research. (c) Conversion procedures The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— (1) shall not adversely affect any employee with respect to pay or any other term or condition of employment; (2) shall be consistent with section 4703(f) of title 5; (3) shall be completed within 18 months after designation; and (4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). (d) Limitation The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.. (b) Clerical amendment The table of sections at the beginning of chapter 303 of such title, as added by section 1842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking the item relating to section 4121 and inserting the following: 4121. Science and technology reinvention laboratories: authority and designation.. (c) Conforming repeals (1) Section 1105 of the National Defense Authorization Act For Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) is hereby repealed. (2) Subsection (b) of section 342 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) is hereby repealed. (d) Conforming amendments (1) Section 1601(f) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 2358 note) is amended by striking section 342 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 108 Stat. 2721) and inserting section 4121(a) of title 10, United States Code. (2) Section 1107 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2358 note) is amended— (A) by amending subsection (a) to read as follows: (e) Requirement The Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under subsection (a) of section 4121 of title 10, United States Code, to carry out personnel management demonstration projects at Department of Defense laboratories designated by subsection (b) of such section as Department of Defense science and technology reinvention laboratories. ; (B) in subsection (c), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486) and inserting designated by section 4121(b) of title 10, United States Code ; and (C) in subsection (e)(3), by striking section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (as cited in subsection (a)) and inserting section 4121(a) of title 10, United States Code. (3) Section 1109(c) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2358 note) is amended by striking specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting designated under section 4121(b) of title 10, United States Code. (4) Section 2803(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2358 note) is amended by striking (as designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting (as designated under section 4121(b) of title 10, United States Code). (5) Section 1108(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 1580 note prec.) is amended by striking section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting section 4121(b) of title 10, United States Code. (6) Section 211(g) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note), as amended and inserting under section 4121(b)of title 10, United States Code. (7) Section 233(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking as specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note) and inserting as designated under section 4121(b) of title 10, United States Code. (8) Section 223(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (9) Section 252(e)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (10) Section 255(b)(5)(A) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 223a note) is amended by striking (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note)) and inserting (as designated under section 4121(b) of title 10, United States Code). (11) Section 249 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (A) in subsection (e)(1)(A), by striking under section 2358a of title 10, United States Code and inserting under section 4121(b) of title 10, United States Code ; and (B) in subsection (g)(1)(B) by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (12) Section 2124(h)(3) of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting designated under section 4121(b) of this title. (13) Section 4091 of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (A) in subsection (b), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) both places it appears and inserting designated by section 4121(b) of this title ; and (B) in subsection (d)(2), by striking pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) both places it appears and inserting pursuant to section 4121(a) of this title. (14) Section 4094(f) of title 10, United States Code, as transferred and redesignated by this Act, is amended by striking by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note) and inserting by section 4121(b) of this title. (e) Effective date This section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). 4121. Science and technology reinvention laboratories: authority and designation (a) In general (1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. (2) (A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 ( Public Law 98–224 ) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that— (A) subsection (d) of such section 4703 shall not apply to the demonstration project; (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and (C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). (4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. (5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. (b) Designation of laboratories Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): (1) The Air Force Research Laboratory. (2) The Joint Warfare Analysis Center. (3) The Army Research Institute for the Behavioral and Social Sciences. (4) The Combat Capabilities Development Command Armaments Center. (5) The Combat Capabilities Development Command Army Research Laboratory. (6) The Combat Capabilities Development Command Aviation and Missile Center. (7) The Combat Capabilities Development Command Chemical Biological Center. (8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. (9) The Combat Capabilities Development Command Ground Vehicle Systems Center. (10) The Combat Capabilities Development Command Soldier Center. (11) The Engineer Research and Development Center. (12) The Medical Research and Development Command. (13) The Technical Center, US Army Space and Missile Defense Command. (14) The Naval Air Systems Command Warfare Centers. (15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. (16) The Naval Information Warfare Centers, Atlantic and Pacific. (17) The Naval Medical Research Center. (18) The Naval Research Laboratory. (19) The Naval Sea Systems Command Warfare Centers. (20) The Office of Naval Research. (c) Conversion procedures The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— (1) shall not adversely affect any employee with respect to pay or any other term or condition of employment; (2) shall be consistent with section 4703(f) of title 5; (3) shall be completed within 18 months after designation; and (4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). (d) Limitation The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization. 216. Improvements relating to steering committee on emerging technology and national security threats Section 236 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (1) in subsection (a), by striking may and inserting and the Director of National Intelligence may jointly ; (2) in subsection (b), by— (A) by striking paragraphs (3) through (8); and (B) by inserting after paragraph (2) the following: (3) The Principal Deputy Director of National Intelligence. (4) Such other officials of the Department of Defense and intelligence community as the Secretary of Defense and the Director of National Intelligence jointly determine appropriate. ; (3) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (4) by inserting after subsection (b) the following: (c) Leadership The Steering Committee shall be chaired by the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, and the Principal Deputy Director of National Intelligence jointly. ; (5) in subsection (d), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a strategy and inserting strategies ; (ii) by inserting and intelligence community after United States military ; and (iii) by inserting and National Intelligence Strategy, and consistent with the National Security Strategy after National Defense Strategy ; (B) in paragraph (3)— (i) in the matter before subparagraph (A), by inserting and the Director of National Intelligence after the Secretary of Defense ; (ii) in subparagraph (A), by striking strategy and inserting strategies ; (iii) in subparagraph (D), by striking ; and and inserting a semicolon; (iv) by redesignating subparagraph (E) as subparagraph (F); and (v) by inserting after subparagraph (D) the following: (E) any changes to the guidance for developing the National Intelligence Program budget required by section 102A(c)(1)(A) of the National Security Act of 1947 ( 50 U.S.C. 3024(c)(1)(A) ), that may be required to implement the strategies under paragraph (1); and ; and (vi) in subparagraph (F), as redesignated by clause (iv), by inserting and the intelligence community after Department of Defense ; and (C) in paragraph (4), by inserting and Director of National Intelligence, jointly after Secretary of Defense ; (6) by amending subsection (e), as redesignated by paragraph (3), to read as follows: (e) Definitions In this section: (1) The term emerging technology means technology jointly determined to be in an emerging phase of development by the Secretary of Defense and the Director of National Intelligence, including quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy, hypersonics, biotechnology, medical technologies, and such other technology as may be jointly identified by the Secretary and the Director. (2) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). ; and (7) in subsection (f), as redesignated by paragraph (3), by striking October 1, 2024 and inserting October 1, 2025. 217. Improvements relating to national network for microelectronics research and development Section 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking may and inserting shall ; and (2) by adding at the end the following new paragraph: (3) Selection of entities (A) In general In carrying out paragraph (1), the Secretary shall, through a competitive process, select two or more entities to carry out the activities described in paragraph (2) as part of the network established under paragraph (1). (B) Geographic diversity The Secretary shall, to the extent practicable, ensure that the entities selected under subparagraph (A) collectively represent the geographic diversity of the United States.. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions Section 217 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2358 note) is amended— (1) by amending subsection (c) to read as follows: (c) Consultation with other organizations For the purposes of providing technical expertise and reducing costs and duplicative efforts, the Secretary of Defense and the Secretaries of the military departments shall work to ensure and support the sharing of information on the research and consulting that is being carried out across the Federal Government in Department-wide shared information systems including the Defense Technical Information Center. ; (2) in subsection (e)— (A) by redesignating paragraph (31) as paragraph (36); and (B) by inserting after paragraph (30) the following new paragraphs: (31) Nuclear science, security, and nonproliferation. (32) Chemical, biological, radiological, and nuclear defense. (33) Spectrum activities. (34) Research security and integrity. (35) Printed circuit boards. ; and (3) in subsection (g), by striking 2026 and inserting 2028. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense Section 233(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking Chief Management Officer and inserting Deputy Secretary of Defense or a designee of the Deputy Secretary. 220. Defense research and engineering activities at minority institutions (a) Plan to promote defense research at minority institutes (1) In general The Secretary of Defense shall develop a plan to promote defense-related engineering, research, and development activities at minority institutions for the purpose of elevating the capacity of such institutions in those areas. (2) Elements The plan under paragraph (1) shall include the following: (A) An assessment of the engineering, research, and development capabilities of minority institutions, including an assessment of the workforce and physical research infrastructure of such institutions. (B) An assessment of the ability of minority institutions— (i) to participate in defense-related engineering, research, and development activities; and (ii) to effectively compete for defense-related engineering, research, and development contracts. (C) An assessment of the activities and investments necessary— (i) to elevate minority institutions or a consortium of minority institutions (including historically black colleges and universities) to R1 status on the Carnegie Classification of Institutions of Higher Education; (ii) to increase the participation of minority institutions in defense-related engineering, research, and development activities; and (iii) to increase the ability of such institutions ability to effectively compete for defense-related engineering, research, and development contracts. (D) Recommendations identifying actions that may be taken by the Secretary, Congress, minority institutions, and other organizations to increase the participation of minority institutions in defense-related engineering, research, and development activities and contracts. (E) The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase and measure the capacity of minority institutions to address the engineering, research, and development needs of the Department. (3) Consultation In developing the plan under paragraph (1), the Secretary of Defense shall consult with such other public and private sector organizations as the Secretary determines appropriate. (4) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (A) submit to the congressional defense committees a report that includes the plan developed under paragraph (1); and (B) make the plan available on a publicly accessible website of the Department of Defense. (b) Activities to support the research and engineering capacity of historically black colleges and universities and minority institutions (1) In general Subject to the availability of appropriations, the Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities for the purposes described in paragraph (2). (2) Purposes The purposes described in this paragraph are the following: (A) Developing the capability, including workforce and research infrastructure, for minority institutions to more effectively compete for Federal engineering, research, and development funding opportunities. (B) Improving the capability of such institutions to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities. (C) Any other purposes the Secretary determines appropriate for enhancing the defense-related engineering, research, and development capabilities of minority institutions. (c) Increasing partnerships for minority institutions with national security research and engineering organizations Section 2362 of title 10, United States Code, is amended— (1) in subsection (a), by striking Assistant Secretary each place it appears and inserting Under Secretary ; and (2) in subsection (d)— (A) by striking The Secretary of Defense may and inserting the following: (1) The Secretary of Defense may ; and (B) by adding at the end the following paragraph: (2) The Secretary of Defense shall establish goals and incentives to encourage federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— (A) to assess the capacity of covered educational institutions to address the research and development needs of the Department through partnerships and collaborations; and (B) if appropriate, to enter into partnerships and collaborations with such institutions.. (d) Minority institution defined In this section, the term minority institution means a covered educational institution (as defined in section 2362 of title 10, United States Code). 221. Test program for engineering plant of DDG(X) destroyer vessels (a) Test program required During the detailed design period and prior to the construction start date of the lead ship in the DDG(X) destroyer class of vessels, the Secretary of the Navy shall commence a land-based test program for the engineering plant of such class of vessels. (b) Administration The test program required by subsection (a) shall be administered by the Senior Technical Authority for the DDG(X) destroyer class of vessels. (c) Elements The test program required by subsection (a) shall include, at a minimum, testing of the following equipment in vessel-representative form: (1) Electrical propulsion motor. (2) Other propulsion drive train components. (3) Main propulsion system. (4) Electrical generation and distribution systems. (5) Machinery control systems. (6) Power control modules. (d) Test objectives The test program required by subsection (a) shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations for the DDG(X) destroyer class of vessels: (1) Test of a single shipboard representative propulsion drive train. (2) Test and facilitation of machinery control systems integration. (3) Simulation of the full range of electrical demands to enable the investigation of load dynamics between the hull, mechanical and electrical equipment, the combat system, and auxiliary equipment. (e) Completion date The Secretary of the Navy shall complete the test program required by subsection (a) by not later than the delivery date of the lead ship in the DDG(X) destroyer class of vessels. (f) Definitions In this section: (1) Delivery date The term delivery date has the meaning given that term in section 8671 of title 10, United States Code. (2) Senior Technical Authority The term Senior Technical Authority means the official designated as the Senior Technical Authority for the DDG(X) destroyer class of vessels pursuant to section 8669b of title 10, United States Code. 222. Consortium to study irregular warfare (a) Establishment The Secretary of Defense may establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats. (b) Purposes The purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding irregular warfare. (2) To maintain open-source databases on issues relevant to understanding terrorism, irregular threats, and social and environmental change. (3) To serve as a repository for datasets regarding research on security, social change, and irregular threats developed by institutions of higher education that receive Federal funding. (4) To support basic research in social science on emerging threats and stability dynamics relevant to irregular threat problem sets. (5) To transition promising basic research— (A) to higher stages of research and development; and (B) into operational capabilities, as appropriate, by supporting applied research and developing tools to counter irregular threats. (6) To facilitate the collaboration of research centers of excellence relating to irregular threats to better distribute expertise to specific issues and scenarios regarding such threats. (7) To enhance educational outreach and teaching at professional military education schools to improve— (A) the understanding of irregular threats; and (B) the integration of data-based responses to such threats. (8) To support classified research when necessary in appropriately controlled physical spaces. (9) To support the work of a Department of Defense Functional Center for Security Studies in Irregular Warfare if such Center is established pursuant to section 1299L of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (10) To carry out such other research initiatives relating to irregular warfare and irregular threats as the Secretary of Defense determines appropriate. (c) Partnerships If the Secretary of Defense establishes a research consortium under subsection (a), the Secretary shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions, as appropriate. (d) Institution of higher education defined In this section, the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). 223. Development and implementation of digital technologies for survivability and lethality testing (a) Expansion of survivability and lethality testing (1) In general The Secretary, in coordination with covered officials, shall— (A) expand the survivability and lethality testing of covered systems to include testing against non-kinetic threats; and (B) develop digital technologies to test such systems against such threats throughout the life cycle of each such system. (2) Development of digital technologies for live fire testing (A) In general The Secretary, in coordination with covered officials, shall develop— (i) digital technologies to enable the modeling and simulation of the live fire testing required under section 2366 of title 10, United States Code; and (ii) a process to use data from physical live fire testing to inform and refine the digital technologies described in clause (i). (B) Objectives In carrying out subparagraph (A), the Secretary shall seek to achieve the following objectives: (i) Enable assessments of full spectrum survivability and lethality of each covered system with respect to kinetic and non-kinetic threats. (ii) Inform the development and refinement of digital technology to test and improve covered systems. (iii) Enable survivability and lethality assessments of the warfighting capabilities of a covered system with respect to— (I) communications; (II) firepower; (III) mobility; (IV) catastrophic survivability; and (V) lethality. (C) Demonstration activities (i) In general The Secretary, acting through the Director, shall carry out activities to demonstrate the digital technologies for full spectrum survivability testing developed under subparagraph (A). (ii) Program selection The Secretary shall assess and select not fewer than three and not more than ten programs of the Department to participate in the demonstration activities required under clause (i). (iii) Armed Forces programs Of the programs selected pursuant to clause (ii), the Director shall select— (I) at least one such program from the Army; (II) at least one such program from the Navy or the Marine Corps; and (III) at least one such program from the Air Force or the Space Force. (3) Regular survivability and lethality testing throughout life cycle (A) In general The Secretary, in coordination with covered officials, shall— (i) develop a process to regularly test through the use of digital technologies the survivability and lethality of each covered system against kinetic and non-kinetic threats throughout the life cycle of such system as threats evolve; and (ii) establish guidance for such testing. (B) Elements In carrying out subparagraph (A), the Secretary shall determine the following: (i) When to deploy digital technologies to provide timely and up-to-date insights with respect to covered systems without unduly delaying fielding of capabilities. (ii) The situations in which it may be necessary to develop and use digital technologies to assess legacy fleet vulnerabilities. (b) Reports and briefing (1) Assessment and selection of programs Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that identifies the programs selected to participate in the demonstration activities under subsection (a)(2)(C). (2) Modernization and digitization report (A) In general Not later than March 15, 2023, the Director shall submit to the congressional defense committees a report that includes— (i) an assessment of the progress of the Secretary in carrying out subsection (a); (ii) an assessment of each of the demonstration activities carried out under subsection (a)(2)(C), including a comparison of— (I) the risks, benefits, and costs of using digital technologies for live fire testing and evaluation; and (II) the risks, benefits, and costs of traditional physical live fire testing approaches that— (aa) are not supported by digital technologies; (bb) do not include testing against non-kinetic threats; and (cc) do not include full spectrum survivability; (iii) an explanation of— (I) how real-world operational and digital survivability and lethality testing data will be used to inform and enhance digital technology; (II) the contribution of such data to the digital modernization efforts required under section 836 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); and (III) the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department; (iv) an assessment of the ability of the Department to perform full spectrum survivability and lethality testing of each covered system with respect to kinetic and non-kinetic threats; (v) an assessment of the processes implemented by the Department to manage digital technologies developed pursuant to subsection (a); and (vi) an assessment of the processes implemented by the Department to develop digital technology that can perform full spectrum survivability and lethality testing with respect to kinetic and non-kinetic threats. (B) Briefing Not later than April 14, 2023, the Director shall provide to the congressional defense committees a briefing that identifies any changes to existing law that may be necessary to implement subsection (a). (c) Definitions In this section: (1) The term covered officials means— (A) the Under Secretary of Defense for Research and Engineering; (B) the Under Secretary of Defense for Acquisition and Sustainment; (C) the Chief Information Officer; (D) the Director; (E) the Director of Cost Assessment and Program Evaluation; (F) the Service Acquisition Executives; (G) the Service testing commands; (H) the Director of the Defense Digital Service; and (I) representatives from— (i) the Department of Defense Test Resource Management Center; (ii) the High Performance Computing Modernization Program Office; and (iii) the Joint Technical Coordination Group for Munitions Effectiveness. (2) The term covered system means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions. (3) The term Department means the Department of Defense. (4) The term digital technologies includes digital models, digital simulations, and digital twin capabilities that may be used to test the survivability and lethality of a covered system. (5) The term Director means the Director of Operational Test and Evaluation. (6) The term full spectrum survivability and lethality testing means a series of assessments of the effects of kinetic and non-kinetic threats on the communications, firepower, mobility, catastrophic survivability, and lethality of a covered system. (7) The term non-kinetic threats means unconventional threats, including— (A) cyber attacks; (B) electromagnetic spectrum operations; (C) chemical, biological, radiological, nuclear effects and high yield explosives; and (D) directed energy weapons. (8) The term Secretary means the Secretary of Defense. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft (a) Testing and evaluation required Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall commence operational testing and evaluation of each fleet of tactical fighter aircraft (including each type and model variant of aircraft within the fleet) that uses the Onboard Oxygen Generating System for the pilot breathing system (in this section referred to as the breathing system ) to— (1) determine whether the breathing system complies with Military Standard 3050 (MIL–STD–3050), titled Aircraft Crew Breathing Systems Using On-Board Oxygen Generating System (OBOGS) ; and (2) assess the safety and effectiveness of the breathing system for all pilots of the aircraft fleet tested. (b) Requirements The following shall apply to the testing and evaluation conducted for an aircraft fleet under subsection (a): (1) The F–35 aircraft fleet shall be the first aircraft fleet tested and evaluated, and such testing and evaluation shall include F–35A, F–35B, and F–35C aircraft. (2) The pilot, aircraft systems, and operational flight environment of the aircraft shall not be assessed in isolation but shall be tested and evaluated as integrated parts of the breathing system. (3) The testing and evaluation shall be conducted under a broad range of operating conditions, including variable weather conditions, low-altitude flight, high-altitude flight, during weapons employment, at critical phases of flight such as take-off and landing, and in other challenging environments and operating flight conditions. (4) The testing and evaluation shall assess operational flight environments for the pilot that replicate expected conditions and durations for high gravitational force loading, rapid changes in altitude, rapid changes in airspeed, and varying degrees of moderate gravitational force loading. (5) A diverse group of pilots shall participate in the testing and evaluation, including— (A) pilots who are test-qualified and pilots who are not test-qualified; and (B) pilots who vary in gender, physical conditioning, height, weight, and age, and any other attributes that the Secretary determines to be appropriate. (6) Aircraft involved in the testing and evaluation shall perform operations with operationally representative and realistic aircraft configurations. (7) The testing and evaluation shall include assessments of pilot life support gear and relevant equipment, including the pilot breathing mask apparatus. (8) The testing and evaluation shall include testing data from pilot reports, measurements of breathing pressures and air delivery response timing and flow, cabin pressure, air-speed, acceleration, measurements of hysteresis during all phases of flight, measurements of differential pressure between mask and cabin altitude, and measurements of spirometry and specific oxygen saturation levels of the pilot immediately before and immediately after each flight. (9) The analysis of the safety and effectiveness of the breathing system shall thoroughly assess any physiological effects reported by pilots, including effects on health, fatigue, cognition, and perception of any breathing difficulty. (10) The testing and evaluation shall include the participation of subject matter experts who have familiarity and technical expertise regarding design and functions of the aircraft, its propulsion system, pilot breathing system, life support equipment, human factors, and any other systems or subject matter the Secretary determines necessary to conduct effective testing and evaluation. At a minimum, such subject matter experts shall include aerospace physiologists, engineers, flight surgeons, and scientists. (11) In carrying out the testing and evaluation, the Secretary of Defense may seek technical support and subject matter expertise from the Naval Air Systems Command, the Air Force Research Laboratory, the Office of Naval Research, the National Aeronautics and Space Administration, and any other organization or element of the Department of Defense or the National Aeronautics and Space Administration that the Secretary, in consultation with the Administrator of the National Aeronautics and Space Administration, determines appropriate to support the testing and evaluation. (c) Corrective actions Not later than 90 days after the submittal of a final report under subsection (e) for an aircraft fleet, the Secretary of Defense shall take such actions as are necessary to correct all deficiencies, shortfalls, and gaps in the breathing system that were discovered or reported as a result of the testing and evaluation of such aircraft fleet under subsection (a). (d) Preliminary reports (1) In general Not later than the date specified in paragraph (2), for each aircraft fleet tested and evaluated under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a separate preliminary report, based on the initial results of such testing and evaluation, that includes— (A) the initial findings and recommendations of the Secretary; (B) potential corrective actions that the Secretary of Defense may carry out to address deficiencies in the breathing system of the aircraft tested; and (C) the results of initial review and assessment, conducted by the Administrator of the National Aeronautics and Space Administration for purposes of the report, of— (i) the testing and evaluation plans, execution, processes, data, and technical results of the testing and evaluation activities under subsection (a); and (ii) the initial findings, recommendations, and potential corrective actions determined by the Secretary of Defense under subparagraphs (A) and (B). (2) Date specified The date specified in this paragraph is the earlier of— (A) a date selected by the Secretary of the Air Force that is not later than 180 days after the testing and evaluation of the aircraft fleet under subsection (a) has been completed; or (B) one year after the commencement of the testing and evaluation of the aircraft fleet under subsection (a). (e) Final reports Not later than two years after the commencement of the testing and evaluation under subsection (a) for an aircraft fleet, the Secretary of Defense shall submit to the congressional defense committees a final report on the results of such testing with respect to such aircraft fleet that includes, based on the final results of such testing and evaluation— (1) findings and recommendations with respect to the breathing system; and (2) a description of the specific actions the Secretary will carry out to correct deficiencies in the breathing system, as required under subsection (c). (f) Independent review of final report (1) In general The Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall seek to enter into an agreement with a federally funded research and development center with relevant expertise to conduct an independent sufficiency review of the final reports submitted under subsection (e). (2) Report to Secretary Not later than seven months after the date on which the Secretary of Defense enters into an agreement with a federally funded research and development center under paragraph (1), the center shall submit to the Secretary a report on the results of the review conducted under such paragraph. (3) Report to Congress Not later than 30 days after the date on which the Secretary of Defense receives the report under paragraph (2), the Secretary shall submit the report to the congressional defense committees. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base (a) Identification required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall identify each facility and capability of the Major Range and Test Facility Base— (1) the primary mission of which is the test and evaluation of hypersonics technology; or (2) that provides other test and evaluation capabilities to support the development of hypersonics technology. (b) Briefing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on a plan to improve the capabilities identified under subsection (a), including— (1) a schedule for such improvements; and (2) a description of any organizational changes, investments, policy changes, or other activities the Secretary proposes to carry out as part of such plan. (c) Major Range and Test Facility Base In this section, the term Major Range and Test Facility Base has the meaning given that term in section 196(i) of title 10, United States Code. 226. Review of artificial intelligence applications and establishment of performance metrics (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Department of Defense; and (2) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations. (b) Performance objectives and accompanying metrics (1) Skill gaps In carrying out subsection (a), the Secretary of Defense shall require each Secretary of a military department and the heads of such other organizations and elements of the Department of Defense as the Secretary of Defense determines appropriate to— (A) conduct a comprehensive review and assessment of— (i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence; (ii) the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and (iii) the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and (B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Department for skilled personnel. (2) AI modernization activities In carrying out subsection (a), the Secretary of Defense shall— (A) assess investment by the Department of Defense in artificial intelligence innovation, science and technology, and research and development; (B) assess investment by the Department in test and evaluation of artificial intelligence capabilities; and (C) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Department. (3) Exercises, wargames, and experimentation In conjunction with the activities of the Secretary of Defense under subsection (a), the Chairman of the Joint Chiefs of Staff, in coordination with the Director of the Joint Artificial Intelligence Center, shall— (A) assess the integration of artificial intelligence into war-games, exercises, and experimentation; and (B) develop performance objectives and accompanying metrics for such integration. (4) Logistics and sustainment In carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense for Acquisition and Sustainment, with support from the Director of the Joint Artificial Intelligence Center, to— (A) assess the application of artificial intelligence in logistics and sustainment systems; and (B) establish performance objectives and accompanying metrics for integration of artificial intelligence in the Department of Defense logistics and sustainment enterprise. (5) Business applications In carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense (Comptroller), in coordination with the Director of the Joint Artificial Intelligence Center, to— (A) assess the integration of artificial intelligence for administrative functions that can be performed with robotic process automation and artificial intelligence-enabled analysis; and (B) establish performance objectives and accompanying metrics for the integration of artificial intelligence in priority business process areas of the Department of Defensee, including the following: (i) Human resources. (ii) Budget and finance, including audit. (iii) Retail. (iv) Real estate. (v) Health care. (vi) Logistics. (vii) Such other business processes as the Secretary considers appropriate. (c) Report to Congress Not later than 120 days after the completion of the review required by subsection (a)(1), the Secretary of Defense shall submit to the congressional defense committees a report on— (1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and (2) the performance objectives and accompanying metrics established under subsections (a)(2) and (b). 227. Modification of the joint common foundation program (a) Modification of joint common foundation The Secretary of Defense shall modify the Joint Common Foundation program conducted by the Joint Artificial Intelligence Center to ensure that Department of Defense components can more easily contract with leading commercial artificial intelligence companies to support the rapid and efficient development and deployment of applications and capabilities. (b) Qualifying commercial companies The Secretary of Defense shall take such actions as may be necessary to increase the number of commercial artificial intelligence companies eligible to provide support to Department of Defense components, including with respect to requirements for cybersecurity protections and processes, to achieve automatic authority to operate and provide continuous delivery, security clearances, data portability, and interoperability. (c) Use of FAR part 12 The Secretary of Defense shall ensure that, to the maximum extent practicable, commercial artificial intelligence companies are able to offer platforms, services, applications, and tools to Department of Defense components through processes and procedures under part 12 of the Federal Acquisition Regulation. (d) Objectives of the Joint Common Foundation program The objectives of the Joint Common Foundation program shall include the following: (1) Relieving Department of Defense components of the need to design or develop or independently contract for the computing and data hosting platforms and associated services on and through which the component at issue would apply its domain expertise to develop specific artificial intelligence applications. (2) Providing expert guidance to components in selecting commercial platforms, tools, and services to support the development of component artificial intelligence applications. (3) Ensuring that leading commercial artificial intelligence technologies and capabilities are easily and rapidly accessible to components through streamlined contracting processes. (4) Assisting components in designing, developing, accessing, or acquiring commercial or non-commercial capabilities that may be needed to support the operational use of artificial intelligence applications. (5) Enabling companies to develop software for artificial intelligence applications within secure software development environments that are controlled, sponsored, required, or specified by the Department of Defense, including PlatformOne of the Department of the Air Force (e) Briefing Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on actions taken to carry out this section. 228. Executive education on emerging technologies for senior civilian and military leaders (a) Establishment of course Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall establish executive education activities on emerging technologies for appropriate general and flag officers and senior executive-level civilian leaders that are designed specifically to prepare new general and flag officers and senior executive-level civilian leaders on relevant technologies and how these technologies may be applied to military and business activities in the Department of Defense. (b) Plan for participation (1) In general The Secretary of Defense shall develop a plan for participation in executive education activities established under subsection (a). (2) Requirements As part of such plan, the Secretary shall ensure that, not later than five years after the date of the establishment of the activities under subsection (a), all appropriate general flag officers and senior executive-level civilian leaders are— (A) required to complete the executive education activities under such subsection; and (B) certified as having successfully completed the executive education activities. (c) Report (1) In general Not later than the date that is three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the status of the implementation of the activities required by subsection (a). (2) Contents The report submitted under paragraph (1) shall include the following: (A) A description of the new general and flag officers and senior executive-level civilian leaders for whom the education activities have been designated. (B) A recommendation with respect to continuing or expanding the activities required under subsection (a). 229. Activities to accelerate development and deployment of dual-use quantum technologies (a) Activities required The Secretary of Defense shall establish a set of activities— (1) to accelerate the development and deployment of dual-use quantum capabilities; (2) to ensure the approach of the United States to investments of the Department of Defense in quantum information science research and development reflects an appropriate balance between scientific progress and the potential economic and security implications of such progress; (3) to ensure that the Department of Defense is fully aware and has a technical understanding of the maturity and operational utility of new and emerging quantum technologies; and (4) to ensure the Department of Defense consistently has access to the most advanced quantum capabilities available in the commercial sector to support research and modernization activities. (b) Assistance program (1) Program required In carrying out subsection (a) and subject to the availability of appropriations for such purpose, the Secretary of Defense shall, acting through the Director of the Defense Advanced Research Projects Agency and in consultation with appropriate public and private sector organizations, establish a program under which the Secretary may award assistance to one or more organizations— (A) to identify defense applications for which dual-use quantum technologies provide a clear advantage over competing technologies; (B) to accelerate development of such quantum technologies; and (C) to accelerate the deployment of dual-use quantum capabilities. (2) Form of assistance Assistance awarded under the program required by paragraph (1) may consist of a grant, a contract, a cooperative agreement, other transaction, or such other form of assistance as the Secretary of Defense considers appropriate. (3) Authorities and acquisition approaches The Secretary of Defense may use the following authorities and approaches for the program required by paragraph (1): (A) Section 2374a of title 10, United States Code, relating to prizes for advanced technology achievements. (B) Section 2373 of such title, relating to procurement for experimental purposes. (C) Sections 2371 and 2371b of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively. (D) Section 2358 of such title, relating to research and development projects. (E) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures. (F) Requirement for milestone payments based on technical achievements. (G) Requirement for cost share from private sector participants in the program. (H) Commercial procurement authority under part 12 of the Federal Acquisition Regulation. (I) Such other authorities or approaches as the Secretary considers appropriate. (4) Policies and procedures The Secretary of Defense shall, in consultation with such experts from government and industry as the Secretary considers appropriate, establish policies and procedures to carry out the program required by paragraph (1). (c) Briefing and report (1) Briefing Not later than March 1, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the plan to carry out the activities required by subsection (a) and the program required by subsection (b). (2) Report Not later than December 31, 2022, and not less frequently than once each year thereafter until December 31, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the activities carried out under subsection (a) and the program carried out under subsection (b). 230. National Guard participation in microreactor testing and evaluation The Secretary of Defense may, in coordination with the Director of the Strategic Capabilities Office and the Chief of the National Guard Bureau, assemble a collection of four National Guard units to participate in the testing and evaluation of a micro nuclear reactor program. 231. Pilot program on the use of private sector partnerships to promote technology transition (a) In general Consistent with section 2359 of title 10, United States Code, the Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology programs, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases into acquisition activities and operational use. Under the pilot program, the Secretary shall seek to enter into agreements with qualified private sector organizations to support— (1) matching technology developers with programs, projects, and activities of the Department that may have a use for the technology developed by such developers; (2) providing technical assistance to appropriate parties on participating in the procurement programs and acquisition processes of the Department, including training and consulting on programming, budgeting, contracting, requirements, and other relevant processes and activities; and (3) overcoming barriers and challenges facing technology developers, including challenges posed by restrictions on accessing secure facilities, networks, and information. (b) Priority In carrying out the activities described in paragraphs (1) through (3) of subsection (a), a qualified private sector organization shall give priority to technology producers that are small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )), research institutions (as defined in section 9(e) of such Act), or institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C 1001)). (c) Terms of agreements The terms of an agreement under subsection (a) shall be determined by the Secretary of Defense. (d) Data collection (1) Plan required before implementation The Secretary of Defense may not enter into an agreement under subsection (a) until the date on which the Secretary— (A) completes a plan to for carrying out the data collection required under paragraph (2); and (B) submits the plan to the congressional defense committees. (2) Data collection required The Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of— (A) developing and sharing best practices for facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; (B) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and (C) providing information to the congressional defense committees as required under subsection (e). (e) Briefing Not later than December 31, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues. (f) Consultation In carrying out the pilot program under this section, the Secretary of Defense shall consult with— (1) service acquisition executives (as defined in section 101 of title 10, United States Code); (2) the heads of appropriate Defense Agencies and Department of Defense Field Activities; (3) procurement technical assistance centers (as described in chapter 142 of title 10, United States Code); and (4) such other individuals and organizations as the Secretary determines appropriate. (g) Termination The pilot program under this section shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a). (h) Comptroller general assessment and report (1) Assessment The Comptroller General of the United States shall conduct an assessment of the pilot program under this section. The assessment shall include an evaluation of the effectiveness of the pilot program with respect to— (A) facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; and (B) protecting sensitive information in the course of the pilot program. (2) Report Not later than the date specified in paragraph (3), the Comptroller General shall submit to the congressional defense committees a report on the results of the assessment conducted under paragraph (1). (3) Date specified The date specified in this paragraph is the earlier of— (A) four years after the date on which the Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a): or (B) five years after the date of the enactment of this Act. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense (a) Establishment of data repositories The Secretary of Defense, acting through the Chief Data Officer of the Department of Defense and the Director of the Joint Artificial Intelligence Center (and such other officials as the Secretary determines appropriate), may carry out a pilot program under which the Secretary— (1) establishes data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and (2) allows appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the Secretary, be procured by the Department to satisfy Department requirements and technology development goals. (b) Elements If the Secretary of Defense carries out the pilot program under subsection (a), the data repositories established under the program— (1) may include unclassified training quality data sets and associated labels representative of diverse types of information, representing Department of Defense missions, business processes, and activities; and (2) shall— (A) be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions; (B) be made available to appropriate public and private sector organizations to support rapid development of software and artificial intelligence capabilities; (C) include capabilities and tool sets to detect, evaluate, and correct errors in data annotation, identify gaps in training data used in model development that would require additional data labeling, and evaluate model performance across the life cycle of the data repositories; and (D) be developed to support other missions and activities as determined by the Secretary. (c) Briefing Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) whether the Secretary intends to carry out the pilot program under this section; (2) if the Secretary does not intend to carry out the pilot program, an explanation of the reasons for such decision; (3) if the Secretary does intend to carry out the pilot program, or if the Secretary has already initiated the pilot program as of the date of the briefing— (A) the types of information the Secretary determines are feasible and advisable to include in the data repositories described in subsection (a); and (B) the progress of the Secretary in carrying out the program. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations (a) Plans (1) In general Not later than 180 days after enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a plan for a pilot program for the deployment of telecommunications infrastructure to facilitate the availability of fifth-generation wireless telecommunications services on military installations under the jurisdiction of the Secretary. (2) Plan elements Each plan submitted under paragraph (1) by a Secretary of a military department shall include, with respect to such military department, the following: (A) A list of military installations at which the pilot program will be carried out, including at least one military installation of the department. (B) A description of authorities that will be used to execute the pilot program. (C) A timeline for the implementation and duration of the pilot program. (D) The identity of each telecommunication carrier that intends to use the telecommunications infrastructure deployed pursuant to the pilot to provide fifth-generation wireless telecommunication services at each of the military installations listed under subparagraph (A). (E) An assessment of need for centralized processes and points of contacts to facilitate deployment of the telecommunications infrastructure. (b) Pilot programs required Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall establish a pilot program in accordance with the plan submitted by the Secretary under subsection (a)(1). (c) Reports (1) In general Not later than 180 days after the date on which a Secretary of a military department commences a pilot program under subsection (b), and not less frequently than once every 180 days thereafter until the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. (2) Contents Each report submitted under paragraph (1) for a pilot program shall include the following: (A) A description of the status of the pilot program at each military installation at which the pilot program is carried out. (B) A description of the use of, and services provided by, telecommunications carriers of the telecommunications infrastructure at each military installation under the pilot program. (C) Such additional information as the Secretary of the military department considers appropriate. (d) Telecommunications infrastructure defined In this section, the term telecommunications infrastructure includes, at a minimum, the following: (1) Macro towers. (2) Small cell poles. (3) Distributed antenna systems. (4) Dark fiber. (5) Power solutions. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis (a) Limitation The Secretary of the Army may not enter into a contract for the development of a physical prototype for the Optionally Manned Fighting Vehicle or any other next-generation infantry fighting vehicle of the Army until a period of 30 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report required under subsection (b). (b) Report required (1) In general The Secretary of the Army shall submit to the congressional defense committees a report on the analysis supporting the determination of formal requirements or desired characteristics for the Optionally Manned Fighting Vehicle refined through the concept and detailed design phases of the acquisition strategy. (2) Elements The report required by paragraph (1) shall include the following: (A) A detailed description of the formal requirements applicable to the Optionally Manned Fighting Vehicle or desired characteristics guiding the physical prototyping phase of the program. (B) A description of the analysis conducted to finalize such requirements and characteristics. (C) A description of Optionally Manned Fighting Vehicle-equipped force structure designs and the operational concepts analyzed during the vehicle concept design and detailed design phases. (D) A detailed description of the analysis conducted, trade-offs considered, and conclusions drawn with respect to the force structure designs and operational concepts, survivability, mobility, lethality, payload, and combat effectiveness in execution of the critical operational tasks required of fighting-vehicle-equipped infantry. (E) An assessment and comparison of the combat effectiveness (including survivability, mobility, and lethality) of combined arms company teams equipped with Optionally Manned Fighting Vehicles compared to those equipped with fully modernized Bradley Fighting Vehicles. (c) Briefing required At least 30 days prior to the submission of the report under subsection (b), the Secretary of the Army shall provide to the congressional defense committees a briefing on the preliminary findings of the Secretary with respect to each element specified in subsection (b)(2). (d) Comptroller General assessment Not later than 60 days after the date on which the report under subsection (b) is submitted, the Comptroller General of the United States shall submit to the congressional defense committees a written assessment of the report, including— (1) an assessment of the objectivity, validity, and reliability of the Army’s analysis with respect to each element specified in subsection (b)(2); and (2) any other matters the Comptroller General determines appropriate. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity (a) Limitation (1) In general The Secretary of the Navy may not take any action described in paragraph (2) until the date on which the Director of Operational Test and Evaluation, in consultation with the Secretary of the Navy, certifies to the congressional defense committees that the use of non-test designated units to conduct flight testing will not have any appreciable effect on— (A) the cost or schedule of any naval aviation or naval aviation-related program; or (B) the efficacy of test execution, analysis, and evaluation for any such program. (2) Actions described The actions described in this paragraph are the following: (A) The delegation of any operational flight test event to be conducted by a non-test designated unit. (B) Any action that would reduce, below the levels authorized and in effect on October 1, 2020, any of the following: (i) The aviation or aviation-related operational testing and evaluation capacity of the Department of the Navy. (ii) The personnel billets assigned to support such capacity. (iii) The aviation force structure, aviation inventory, or quantity of aircraft assigned to support such capacity, including rotorcraft and fixed-wing aircraft. (b) Report required Not later than September 1, 2022, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that assesses each of the following as of the date of the report: (1) The design and effectiveness of the testing and evaluation infrastructure and capacity of the Department of the Navy, including an assessment of whether such infrastructure and capacity is sufficient to carry out the acquisition and sustainment testing required for the aviation-related programs of the Department of Defense and the naval aviation-related programs of the Department of the Navy. (2) The plans of the Secretary of the Navy to reduce the testing and evaluation capacity and infrastructure of the Navy with respect to naval aviation in fiscal year 2022 and subsequent fiscal years, as specified in the budget of the President submitted to Congress on May 28, 2021. (3) The technical, fiscal, and programmatic issues and risks associated with the plans of the Secretary of the Navy to delegate and task non-test designated operational naval aviation units and organizations to efficiently and effectively execute, analyze, and evaluate testing and evaluation master plans for all aviation-related programs and projects of the Department of the Navy. (c) Non-test designated unit defined In this section, the term non-test designated unit means a naval aviation unit that does not have designated as its primary mission operational testing and evaluation in support of naval aviation or naval aviation-related projects and programs. 236. Limitation on availability of funds for certain C–130 aircraft None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to procure a C–130 aircraft for testing and evaluation as a potential replacement for the E–6B aircraft until the date on which all of the following conditions are met: (1) The Secretary of the Navy has submitted to the congressional defense committees a report that includes— (A) the unit cost of each such C–130 test aircraft; (B) the life cycle sustainment plan for such C–130 aircraft; (C) a statement indicating whether such C–130 aircraft will be procured using multiyear contracting authority under section 2306b of title 10, United States Code; and (D) the total amount of funds needed to complete the procurement of such C–130 aircraft. (2) The Secretary of the Navy has certified to the congressional defense committees that C–130 aircraft in the inventory of the Air Force as of the date of the enactment of this Act would not be capable of fulfilling all requirements under the E–6B aircraft program of record. (3) The Commander of the United States Strategic Command has submitted to the congressional defense committees a report identifying the plan for hardware that will replace the E–6B aircraft while fulfilling all requirements under the E–6B program of record. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation (a) Documentation required Not later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees an integrated master schedule that has been approved by the Secretary for the VC–25B presidential aircraft recapitalization program of the Air Force. (b) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force for the VC–25B aircraft, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required under subsection (a). 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for research, development, test, and evaluation for the Army for the High Accuracy Detection and Exploitation System, not more than 75 percent may be obligated or expended until the Vice Chairman of the Joint Chiefs of Staff certifies to the congressional defense committees that— (1) the High Accuracy Detection and Exploitation System enables multi-domain operations for the Army and is consistent with the Joint All Domain Command and Control strategy of the Department of Defense; and (2) in a conflict, the System will be able to operate at standoff distances for survivability against enemy air defenses, while providing signals intelligence, electronic intelligence, communications intelligence, or synthetic aperture radar or moving target indicator information to the ground component commander, consistent with planned operational concepts. 241. Modification to annual report of the Director of Operational Test and Evaluation Section 139(h)(2) of title 10, United States Code, is amended by striking , through January 31, 2026. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft (a) In general Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Air Force, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program propulsion system into the F–35A aircraft. (b) Elements The report required under subsection (a) shall include the following: (1) A competitive acquisition strategy, informed by fiscal considerations, to— (A) integrate the Adaptive Engine Transition Program propulsion system into the F–35A aircraft; and (B) begin, not later than fiscal year 2027, activities to retrofit all F–35A aircraft with such propulsion system. (2) An implementation plan to implement such strategy. (3) A schedule annotating pertinent milestones and yearly fiscal resource requirements for the implementation of such strategy. 243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft (a) In general Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Navy, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of an advanced propulsion system into F–35B and F–35C aircraft. (b) Elements The report required under subsection (a) shall include the following: (1) An analysis the effects of an advanced propulsion system on the combat effectiveness and sustainment costs of F–35B and F–35C aircraft, including any effects resulting from— (A) increased thrust, fuel efficiency, thermal capacity, and electrical generation; and (B) improvements in acceleration, speed, range, and overall mission effectiveness. (2) An assessment of how the integration of an advanced propulsion system may result in— (A) a reduction in dependency on support assets, including air refueling and replenishment tankers; and (B) an overall cost benefit to the Department from reduced acquisition and sustainment for such support assets. (3) A competitive acquisition strategy (informed by fiscal considerations, the assessment of combat effectiveness under paragraph (1), and consideration of technical limitations)— (A) to integrate an advanced propulsion system into F–35B aircraft and F–35C aircraft; (B) to begin, not later than fiscal year 2027, activities to produce all F–35B aircraft and all F–35C aircraft with such propulsion systems; and (C) to begin, not later than fiscal year 2027, activities to retrofit all F–35B aircraft and all F–35C aircraft with such propulsion systems. (c) Advanced propulsion system defined In this section, term advanced propulsion system means— (1) a derivative of the propulsion system developed for the F–35 aircraft under the Adaptive Engine Transition Program of the Air Force; or (2) a derivative of a propulsion system previously developed for the F–35 aircraft. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory (a) Assessment required The Secretary of the Air Force shall conduct an assessment of the ability of the Air Force Research Laboratory to effectively carry out development and testing activities with respect to the capabilities of the Space Force specific to space access and space operations. (b) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). The report shall include an explanation of— (1) any challenges to the development and testing capabilities of the Air Force Research Laboratory as described subsection (a), including any challenges relating to test activities and infrastructure; (2) any changes to the organizational structure of the Laboratory that may be needed to enable the laboratory to adequately address the missions of both the Space Force and the Air Force generally, and the amount of funding, if any, required to implement such changes; (3) any barriers to the recapitalization of the testing infrastructure of the Laboratory; and (4) the plans of the Secretary to address the issues identified under paragraphs (1) through (3). 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories (a) Study required (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a study on the resources and capabilities of the test and evaluation organizations, facilities, and laboratories of the Department of Defense. (2) Participation Participants in the study conducted under paragraph (1) shall include the following: (A) Such members of the Defense Science Board as the Chairman of the Board considers appropriate for the study. (B) Such additional temporary members or contracted support as the Secretary— (i) selects from those recommended by the Chairman for purposes of the study; and (ii) considers to have significant technical, policy, or military expertise relevant to defense test and evaluation missions. (3) Elements The study conducted under paragraph (1) shall include the following: (A) Assessment of the effectiveness of current developmental testing, operational testing, and integrated testing within the Department of Defense in meeting statutory objectives and the test and evaluation requirements of the Adaptive Acquisition Framework. (B) Identification of industry and government best practices for conducting developmental testing, operational testing, and integrated testing. (C) Potential applicability of industry and government best practices for conducting developmental testing, operational testing, and integrated testing within the Department to improve test and evaluation outcomes. (D) Identification of duplication of efforts and other non- or low-value added activities that reduce speed and effectiveness of test and evaluation activities. (E) Assessment of test and evaluation oversight organizations within the Office of the Secretary of Defense, including their authorities, responsibilities, activities, resources, and effectiveness, including with respect to acquisition programs of the military departments and Defense Agencies. (F) Assessment of the research, development, test, and evaluation infrastructure master plan required under section 252 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note). (F) Development and assessment of potential courses of action to improve the effectiveness of oversight of developmental testing, operational testing, and integrated testing activities, and test and evaluation resources within the Office of the Secretary of Defense, including as one such course of action establishing a single integrated office with such responsibilities. (G) Development of such recommendations as the Defense Science Board may have for legislative changes, authorities, organizational realignments, and administrative actions to improve test and evaluation oversight and capabilities, and facilitate better test and evaluation outcomes. (H) Such other matters as the Secretary considers appropriate. (4) Access to information The Secretary of Defense shall provide the Defense Science Board with timely access to appropriate information, data, resources, and analysis so that the Board may conduct a thorough and independent analysis as required under this subsection. (5) Report (A) Report of Board Not later than one year after the date on which the Secretary of Defense directs the Defense Science Board to conduct the study under paragraph (1), or December 1, 2022, whichever occurs earlier, the Board shall transmit to the Secretary a final report on the study. (B) Submittal to Congress Not later than 30 days after the date on which the Secretary of Defense receives the final report under subparagraph (A), the Secretary shall submit to the congressional defense committees such report and such comments as the Secretary considers appropriate. (b) Briefing required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the schedule and plan to execute activities under this section. 246. Report on autonomy integration in major weapon systems (a) Report required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on activities to resource and integrate autonomy software into appropriate systems to enable the continued operational capability of such systems in GPS-denied environments by fiscal year 2025. (b) Elements The report required under subsection (a) shall include— (1) a list of systems, to be selected by the Secretary of Defense, which can be integrated with autonomy software as described in subsection (a) by fiscal year 2025; (2) timelines for integrating autonomy software into the systems as identified under paragraph (1); (3) funding requirements related to the development, acquisition, and testing of autonomy software for such systems; (4) plans to leverage advanced artificial intelligence technologies, as appropriate, for such systems; (5) plans for ensuring the safety and security of such systems equipped with autonomy software, including plans for testing, evaluation, validation, and verification of such systems; and (6) a list of Department of Defense policies in effect as of the date of the report that would need to be modified or revoked in order to implement the software integration described in subsection (a). (c) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense (a) Reports required On an annual basis during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense. Each such report shall include— (1) for each such recommendation, a determination of whether the Secretary of Defense intends to implement the recommendation; (2) in the case of a recommendation the Secretary intends to implement, the intended timeline for implementation, a description of any additional resources or authorities required for such implementation, and the plan for such implementation; (3) in the case of a recommendation the Secretary determines is not advisable or feasible, the analysis and justification of the Secretary in making that determination; and (4) in the case of a recommendation the Secretary determines the Department is already implementing through a separate line of effort, the analysis and justification of the Secretary in making that determination. (b) Briefings required Not less frequently than once each year during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) the progress of the Secretary in analyzing and implementing the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense; (2) any programs, projects, or other activities of the Department that are being carried out to advance the recommendations of the Commission; and (3) the amount of funding provided for such programs, projects, and activities. 301. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents (a) National Defense Strategy and defense planning guidance Section 113(g) of title 10, United States Code, is amended— (1) in paragraph (1)(B)— (A) in clause (ii), by striking actors, and inserting actors, and the current or projected threats to military installation resilience, ; and (B) by inserting after clause (ix), the following new clause: (x) Strategic goals to address or mitigate the current and projected risks to military installation resilience. ; and (2) in paragraph (2)(A), in the matter preceding clause (i), by striking priorities, and inserting priorities, including priorities relating to the current or projected risks to military installation resilience,. (b) National defense sustainment and logistics review (1) In general The first section 118a of such title is amended— (A) in subsection (a), by striking capabilities, and inserting capabilities, response to risks to military installation resilience, ; (B) by redesignating such section, as amended by subparagraph (A), as section 118b; and (C) by moving such section so as to appear after section 118a. (2) Clerical and conforming amendments (A) Clerical amendments The table of sections for chapter 2 of such title is amended— (i) by striking the first item relating to section 118a; and (ii) by inserting after the item relating to section 118a the following new item: 118b. National Defense Sustainment and Logistics Review.. (B) Conforming amendment Section 314(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking section 118a and inserting section 118b. (c) Chairman’s risk assessment Section 153(b)(2)(B) of title 10, United States Code, is amended by inserting after clause (vi) the following new clause: (vii) Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.. (d) Strategic decisions relating to military installations The Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the strategic risks associated with military installation resilience. (e) National Defense Strategy and National Military Strategy The Secretary of Defense, in coordination with the heads of such other Federal agencies as the Secretary determines appropriate, shall incorporate the security implications of military installation resilience into the National Defense Strategy and the National Military Strategy. (f) National security planning documents The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security implications associated with military installation resilience in developing the Defense Planning Guidance under section 113(g)(2) of title 10, United States Code, the Risk Assessment of the Chairman of the Joint Chiefs of Staff under section 153(b)(2) of such title, and other relevant strategy, planning, and programming documents and processes. (g) Campaign plans of combatant commands The Secretary of Defense shall ensure that the national security implications associated with military installation resilience are integrated into the campaign plans of the combatant commands. (h) Report on security implications associated with military installation resilience (1) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing how the aspects of military installation resilience have been incorporated into modeling, simulation, war-gaming, and other analyses by the Department of Defense. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (i) Modification to annual report related to installations energy management, energy resilience, and mission assurance and readiness (1) Modification Section 2925(a) of title 10, United States Code, is amended— (A) by redesignating paragraph (8) as paragraph (10); and (B) by inserting after paragraph (7) the following new paragraphs: (8) A description of the effects on military readiness, and an estimate of the financial costs to the Department of Defense, reasonably attributed to adverse impacts to military installation resilience during the year preceding the submission of the report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities of the Department. (9) An assessment of vulnerabilities to military installation resilience.. (2) Use of assessment tool The Secretary shall use the Climate Vulnerability and Risk Assessment Tool of the Department (or such successor tool) in preparing each report under section 2925(a) of title 10, United States Code (as amended by paragraph (1)). (j) Definitions In this section: (1) The term military installation resilience has the meaning given that term in section 101(e) of title 10, United States Code. (2) The term National Defense Strategy means the national defense strategy under section 113(g)(1) of such title. (3) The term National Military Strategy means the national military strategy under section 153(b) of such title. 312. Energy efficiency targets for Department of Defense data centers (a) Energy efficiency targets for data centers (1) In general Subchapter I of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section: 2921. Energy efficiency targets for data centers (a) Covered data centers (1) For each covered data center, the Secretary of Defense shall— (A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals; (D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and (E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C). (2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy. (3) In this subsection, the term covered data center means a data center of the Department of Defense that— (A) is one of the 50 data centers of the Department with the highest annual power usage rates; and (B) has been established before the date of the enactment of this section. (b) New data centers (1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include— (A) power usage effectiveness standards; (B) water usage effectiveness standards; and (C) any other energy or resiliency standards the Secretary determines are appropriate. (2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary— (A) determines that such waiver is in the national security interest of the United States; and (B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.. (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2920 the following new item: 2921. Energy efficiency targets for data centers.. (b) Inventory of data facilities (1) Inventory required By not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an inventory of all data centers owned or operated by the Department of Defense. Such survey shall include the following: (A) A list of data centers owned or operated by the Department of Defense. (B) For each such data center, the earlier of the following dates: (i) The date on which the data center was established. (ii) The date of the most recent capital investment in new power, cooling, or compute infrastructure at the data center. (C) The total average annual power use, in kilowatts, for each such data center. (D) The number of data centers that measure power usage effectiveness and, for each such data center, the power usage effectiveness for the center. (E) The number of data centers that measure water usage effectiveness and, for each such data center, the water usage effectiveness for the center. (F) A description of any other existing energy efficiency or efficient water usage metrics used by any data center and the applicable measurements for any such center. (G) An assessment of the facility resiliency of each data center, including redundant power and cooling facility infrastructure. (H) Any other matters determined relevant by the Secretary. (c) Report Not later than 180 days after the completion of the inventory required under subsection (b), the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives a report on the inventory and the energy assessment targets under section 2921(a) of title 10, United States Code, as added by subsection (a). Such report shall include the following: (1) A timeline of necessary actions required to meet the energy assessment targets for covered data centers. (2) The estimated costs associated with meeting such targets. (3) An assessment of the business case for meeting such targets, including any estimated savings in operational energy and water costs and estimated reduction in energy and water usage if the targets are met. (4) An analysis of any statutory, regulatory, or policy barriers to meeting such targets identified pursuant to section 2921(a)(E) of title 10, United States Code, as added by subsection (a). (d) Data center defined In this section, the term data center has the meaning given such term in the most recent Integrated Data Collection guidance of the Office of Management and Budget. 2921. Energy efficiency targets for data centers (a) Covered data centers (1) For each covered data center, the Secretary of Defense shall— (A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals; (D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and (E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C). (2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy. (3) In this subsection, the term covered data center means a data center of the Department of Defense that— (A) is one of the 50 data centers of the Department with the highest annual power usage rates; and (B) has been established before the date of the enactment of this section. (b) New data centers (1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include— (A) power usage effectiveness standards; (B) water usage effectiveness standards; and (C) any other energy or resiliency standards the Secretary determines are appropriate. (2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary— (A) determines that such waiver is in the national security interest of the United States; and (B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver. 313. Grants for maintaining or improving military installation resilience Section 2391 of title 10, United States Code, is amended— (1) in subsection (b)(5), by adding at the end the following new subparagraph: (D) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to assist a State or local government in planning, enhancing infrastructure, and implementing measures and projects (to include resilience measures and projects involving the protection, restoration, and maintenance of natural features) that, as determined by the Secretary of Defense, will contribute to maintaining or improving military installation resilience or will prevent or mitigate encroachment that could affect operations of the Department of Defense. ; and (2) in subsection (e)(1), by striking subsection (b)(1)(D) and inserting paragraphs (1)(D) and (E) and (5)(D) of subsection (b) and subsection (d). 314. Maintenance of current analytical tools in evaluating energy resilience measures (a) In general Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Assessment of life-cycle costs and performance of potential energy resilience projects (1) Subject to the availability of appropriations, the Secretary of Defense shall develop and institute a process to ensure that the Department of Defense, when evaluating energy resilience measures, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures. (2) Analytical tools used under paragraph (1) shall be— (A) designed to— (i) provide an accurate projection of the costs and performance of the energy resilience measure being analyzed; (ii) be used without specialized training; and (iii) produce resulting data that is understandable and usable by the typical source selection official; (B) consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry; (C) adaptable to accommodate a rapidly changing technological environment; (D) peer reviewed for quality and precision and measured against the highest level of development for such tools; and (E) periodically reviewed and updated, but not less frequently than once every three years.. (b) Reporting requirement If amounts are appropriated to carry out the requirements under subsection (i) of section 2911 of title 10, United States Code, as added by subsection (a), not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the execution by the Secretary of such requirements. 315. Authority to transfer amounts derived from energy cost savings Section 2912 of title 10, United States Code, is amended— (1) in subsection (a), by striking until expended and inserting for that fiscal year and the succeeding fiscal year ; and (2) by adding at the end the following new subsection: (e) Transfer of amounts (1) The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation to other funding accounts of the Department of Defense if the purpose for which such amounts will be used is a purpose specified in subsection (b) or (c). (2) Amounts transferred to a funding account of the Department under paragraph (1) shall be available for obligation for the same period as amounts in that account. (3) At the end of each fiscal year, the Secretary of Defense shall submit to Congress a report detailing any funds transferred pursuant to paragraph (1) during that fiscal year, including a detailed description of the purpose for which such amounts have been used.. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States Section 317(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2701 note) is amended by adding at the end the following new paragraphs: (3) Exemption authority for certain locations (A) In general The Secretary may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount interest of the United States to do so. (B) Nondelegation The Secretary may not delegate the authority under subparagraph (A). (4) Reporting requirement for location exemptions (A) In general Not later than 30 days after granting an exemption pursuant to paragraph (3)(A) with respect to the use of an open-air burn pit at a location, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report that identifies— (i) the location of the open-air burn pit; (ii) the number of personnel of the United States assigned to the location where the open-air burn pit is being used; (iii) the size and expected duration of use of the open-air burn pit; (iv) the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when airborne hazards are present, including how such equipment will be provided when required; and (v) the need for the open-air burn pit and rationale for granting the exemption. (B) Form A report submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience (a) In general Section 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note) is amended— (1) in subsection (a), in the first sentence, by inserting and restore after to preserve ; (2) in subsection (c)— (A) by inserting resilience, after benefit of conservation, ; and (B) by inserting , resilience, after land management ; (3) in subsection (d), in the second sentence, by inserting by an eligible landowner or agricultural producer after Participation ; (4) by redesignating subsection (e) as subsection (f); (5) by inserting after subsection (d) the following new subsection (e): (e) Participation by other agencies Other Federal agencies with programs addressing conservation or resilience may, and are encouraged to— (1) participate in the activities of the Sentinel Landscapes Partnership; and (2) become full partners in the Sentinel Landscapes Partnership. ; and (6) in subsection (f), as redesignated by paragraph (4), by adding at the end the following new paragraph: (4) Resilience The term resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfire, or other anticipated or unanticipated changes in environmental conditions.. (b) Inclusion of program information in certain annual reports Section 2684a(g)(2) of title 10, United States Code, is amended— (1) by redesignating subparagraph (E) as subparagraph (F); and (2) by inserting after subparagraph (D) the following new subparagraph: (E) Information concerning the activities undertaken pursuant to the Sentinel Landscapes Partnership established under section 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note).. (c) Conservation and cultural activities Section 2694 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting or involves a sentinel landscape before the semicolon; and (ii) in subparagraph (B), by inserting or that would contribute to maintaining or improving military installation resilience before the semicolon; and (B) in paragraph (2)— (i) in subparagraph (A), by inserting or nature-based climate resilience plans before the period; and (ii) in subparagraph (F)— (I) in clause (i)— (aa) by striking single ecosystem that encompasses and inserting “single ecosystem— (I) that encompasses ; (bb) by redesignating clause (ii) as subclause (II) and moving such subclause, as so redesignated, two ems to the right; and (cc) in subclause (II), as redesignated by item (bb), by striking the period at the end and inserting ; or ; and (II) by adding at the end the following new clause (ii): (ii) for one or more ecosystems within a sentinel landscape. ; and (2) by adding at the end the following new subsection: (e) Sentinel landscape defined In this section, the term sentinel landscape has the meaning given that term in section 317(f) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note).. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i (a) Sense of Congress In order to fully effectuate national security, assure the maximum safe utilization of the Red Hill Bulk Fuel Storage Facility in Honolulu, Hawai‘i, and fully address concerns as to potential impacts of the facility on public health, it is the sense of Congress that the Secretary of the Navy and the Defense Logistics Agency should— (1) operate and maintain the Red Hill Bulk Fuel Storage Facility to the highest standard possible; and (2) require safety inspections to be conducted more frequently based on the corrosion rate of the piping and overall condition of the pipeline system and support equipment at the facility. (b) Inspection requirement (1) Inspection required The Secretary of the Navy shall direct the Naval Facilities Engineering Command to conduct an inspection of the pipeline system, supporting infrastructure, and appurtenances, including valves and any other corrosion prone equipment, at the Red Hill Bulk Fuel Storage Facility. (2) Inspection agent; standards The inspection required by this subsection shall be performed— (A) by an independent American Petroleum Institute certified inspector who will present findings of the inspection and options to the Secretary of the Navy for improving the integrity of the Red Hill Bulk Fuel Storage Facility and its appurtenances; and (B) in accordance with the Unified Facilities Criteria (UFC-3-460-03) and American Petroleum Institute 570 inspection standards. (3) Exception The inspection required by this subsection excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility. (c) Life-cycle sustainment plan In conjunction with the inspection required by subsection (b), the Naval Facilities Engineering Command shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel Storage Facility, which shall consider the current condition and service life of the tanks, pipeline system, and support equipment. (d) Consideration of alternatives to Red Hill Bulk Fuel Storage Facility The Secretary of Defense shall conduct an assessment of possible alternatives to the Red Hill Bulk Fuel Storage Facility for bulk fuel storage, including consideration of at least three locations outside of the State of Hawai‘i. The assessment shall be based on the overall requirement to support the fuel requirements of the Pacific Fleet, the costs and timeline for recapitalization of the Red Hill Bulk Fuel Storage Facility to the standards delineated in subsection (b)(2)(B), and the costs and timeline to establish an alternative location for secure bulk fuel storage. (e) Reporting requirement Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing— (1) the results of the independent inspection of the Red Hill Bulk Fuel Storage Facility conducted under subsection (b); (2) the life-cycle sustainment plan prepared by the Naval Facilities Engineering Command under subsection (c); (3) the results of the assessment conducted by the Secretary under subsection (d) of possible alternatives to the Red Hill Bulk Fuel Storage Facility; and (4) options on improving the security and maintenance of the Red Hill Bulk Fuel Storage Facility. 319. Energy, water, and waste net-zero requirement for major military installations (a) Requirement The Secretary of Defense shall improve military installation efficiency, performance, and management by ensuring that at least 10 percent of major military installations achieve energy net-zero and water or waste net-zero by fiscal year 2035. (b) Study on requirement (1) Study Not later than 60 days after the date of the enactment of this Act, the Secretary shall seek to enter into a contract with a federally funded research and development center to carry out a study on the net-zero requirement specified in subsection (a) that assesses, at a minimum, the following: (A) Potential methods or strategies to achieve such requirement by the fiscal year 2035 deadline. (B) The resiliency of major military installations subject to such requirement with respect to grid or other utility disruptions. (C) The life-cycle costs related to such requirement. (D) Computation methods for determining such life-cycle costs. (E) Such other matters as the federally funded research and development center carrying out the study determines appropriate. (2) Deadline The study under paragraph (1) shall be completed by not later than February 1, 2023. (3) Briefing Upon completion of the study under paragraph (1), the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the findings of the study. (c) Status report and briefings on progress toward meeting current goal regarding use of renewable energy to meet facility energy needs (1) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the progress the Secretary has made toward meeting the goal described in section 2911(g)(1)(A) of title 10, United States Code, with respect to fiscal year 2025. (2) Briefings During fiscal year 2022 and each succeeding fiscal year through fiscal year 2025, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the progress the Secretary has made toward meeting the goal described in section 2911(g)(1)(A) of title 10, United States Code, with respect to fiscal year 2025. (d) Major military installation defined In this section, the term major military installation has the meaning given to the term large site in the most recent version of the Department of Defense Base Structure Report issued before the date of the enactment of this Act. 320. Demonstration program on domestic production of rare earth elements from coal byproducts (a) Demonstration program required Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a demonstration program on recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts. (b) Partnership In carrying out the demonstration program required by subsection (a), the Secretary shall seek to enter into a partnership with one or more institutions of higher education that can demonstrate techniques for recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts, as the Secretary considers applicable. (c) Elements The demonstration program required by subsection (a) shall address the following: (1) The efficacy of separating rare earth elements and critical minerals from acid mine drainage. (2) The feasibility of bringing such technology to commercialized scale. (3) Domestic locations that are appropriate for the deployment of such technology. (4) The ability of such technology to meet the requirements of the defense industrial base to supplement the rare earth element and critical mineral needs of the Department of Defense. (d) Duration The demonstration program required by subsection (a) shall be carried out during the one-year period beginning on the date of the commencement of the demonstration program. (e) Briefing Not later than 120 days after the date of the completion of the demonstration program required by subsection (a), the Secretary and the program manager of the institute of higher education with whom the Secretary partners pursuant to subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the elements of the demonstration program set forth under subsection (c). 321. Long-duration demonstration initiative and joint program (a) Establishment of initiative Not later than March 1, 2022, the Secretary of Defense shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies. (b) Selection of projects To the maximum extent practicable, in selecting demonstration projects to participate in the demonstration initiative under subsection (a), the Secretary of Defense shall— (1) ensure a range of technology types; (2) ensure regional diversity among projects; and (3) consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications. (c) Joint program (1) Establishment As part of the demonstration initiative under subsection (a), the Secretary of Defense, in consultation with the Secretary of Energy, shall establish within the Department of Defense a joint program to carry out projects— (A) to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and (B) to help new, innovative long-duration energy storage technologies become commercially viable. (2) Memorandum of understanding Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a memorandum of understanding with the Secretary of Energy to administer the joint program. (3) Infrastructure In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall— (A) use existing test-bed infrastructure at— (i) installations of the Department of Defense; and (ii) facilities of the Department of Energy; and (B) develop new infrastructure for identified projects, if appropriate. (4) Goals and metrics The Secretary of Defense and the Secretary of Energy shall develop goals and metrics for technological progress under the joint program consistent with energy resilience and energy security policies. (5) Selection of projects (A) In general To the maximum extent practicable, in selecting projects to participate in the joint program, the Secretary of Defense and the Secretary of Energy may— (i) ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and (ii) ensure an appropriate balance of— (I) larger, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and (II) smaller, lower-cost projects. (B) Priority In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall give priority to demonstration projects that— (i) make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and (ii) will be carried out as field demonstrations fully integrated into the installation grid at an operational scale. 322. Pilot program to test new software to track emissions at certain military installations (a) In general The Secretary of Defense may conduct a pilot program (to be known as the Installations Emissions Tracking Program ) to evaluate the feasibility and effectiveness of software and emerging technologies and methodologies to track real-time emissions from military installations and installation assets. (b) Goals The goals of the Installations Emissions Tracking Program shall be— (1) to evaluate the capabilities of software and emerging technologies and methodologies to effectively track emissions in real time; and (2) to reduce energy costs and increase efficiencies. (c) Locations If the Secretary conducts the Installations Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located in different geographical regions of the United States. 323. Department of Defense plan to reduce greenhouse gas emissions (a) Plan required Not later than September 30, 2022, the Secretary of Defense shall submit to Congress a plan to reduce the greenhouse gas emissions of the Department of Defense. (b) Briefings The Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate annual briefings on the progress of the Department of Defense toward meeting science-based emissions targets in the plan required by subsection (a). 331. Definitions In this subtitle: (1) The terms climate resilience and extreme weather have the meanings given such terms in section 101(a) of title 10, United States Code, as amended by section 332. (2) The term climate security has the meaning given such term in the second subsection (e) of section 120 of the National Security Act of 1947 ( 50 U.S.C. 3060(e) ). (3) The term military installation resilience has the meaning given such term in section 101(e) of title 10, United States Code. 332. Climate Resilience Infrastructure Initiative of the Department of Defense (a) Climate Resilience Infrastructure Initiative Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section: 2285. Department of Defense Climate Resilience Infrastructure Initiative (a) Designation The programs, practices, and activities carried out pursuant to this section shall be known collectively as the Climate Resilience Infrastructure Initiative of the Department of Defense. (b) Hardening and quick recovery In carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather. (d) Sustainment and modernization The Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience. (e) Collaboration in planning with local communities The Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather. (f) Testing and training range lands (1) Practices for sustainment of lands The Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes. (2) Training and education on sustainment of lands The Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1). (3) Investment in resilience of lands The Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term. (b) Use of certain technologies The Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2285. Department of Defense Climate Resilience Infrastructure Initiative.. (c) Definitions Section 101(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs: (19) The term climate resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from, extreme weather, or from anticipated or unanticipated changes in environmental conditions, that do (or have the potential to) adversely affect the national security of the United States or of allies and partners of the United States. (20) The term extreme weather means recurrent flooding, drought, desertification, wildfires, thawing permafrost, sea level fluctuation, changes in mean high tides, or any other weather-related event, or anticipated change in environmental conditions, that present (or are projected to present) a recurring annual threat to the climate security of the United States or of allies and partners of the United States.. 2285. Department of Defense Climate Resilience Infrastructure Initiative (a) Designation The programs, practices, and activities carried out pursuant to this section shall be known collectively as the Climate Resilience Infrastructure Initiative of the Department of Defense. (b) Hardening and quick recovery In carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather. (d) Sustainment and modernization The Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience. (e) Collaboration in planning with local communities The Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather. (f) Testing and training range lands (1) Practices for sustainment of lands The Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes. (2) Training and education on sustainment of lands The Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1). (3) Investment in resilience of lands The Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term. (b) Use of certain technologies The Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base Section 2504(3)(B) of title 10, United States Code, is amended by inserting (including vulnerabilities related to the current and projected impacts of extreme weather and to cyber attacks or disruptions) after industrial base. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense (a) Climate challenges and climate resilience in key processes of Department of Defense The Secretary of Defense shall direct that the acquisition, budget planning and execution, infrastructure planning and sustainment, force development, engagement strategy development, security assistance, and other core processes of the Department of Defense fully consider and make needed adjustments to account for current and emerging climate and environmental challenges and to ensure the climate resilience of assets and capabilities of the Department, to include cost effectiveness over the life cycle of the investment weighed against threat reduction. (b) Climate resilience mission impact assessment (1) In general The Secretary shall conduct a mission impact assessment on climate resilience for the Department. (2) Elements The assessment conducted under paragraph (1) shall include the following: (A) An assessment of the direct impacts of extreme weather on the deployment and operations of the Armed Forces, and the manner in which extreme weather may impact the requirements of the commanders of the combatant commands in the respective areas of responsibility of such commanders, including— (i) an assessment of the evolving posture of peer competitors and impacts to deployment and operations of peer competitors due to extreme weather; (ii) an assessment of the impacts of expanding requirements for Department humanitarian assistance and disaster response due to extreme weather; (iii) a threat assessment of the impacts of extreme weather, drought, and desertification on regional stability; (iv) an assessment of risks to home station strategic and operational support area readiness, including the strategic highway network, the strategic rail network, and strategic air and sea ports; and (v) the development of standards for data collection to assist decision-making processes for research, development, and acquisition priorities for installation and infrastructure resilience to extreme weather. (B) A long-term strategic plan, including war games and exercises, centered on climate-driven crises, and a long-term assessment of climate security by the Office of Net Assessment of the Department. (C) A review outlining near-term and long-term needs for research, development, and deployment for equipment and other measures required to assure the resilience of the assets and capabilities of the Department and each component thereof, and of key elements of the defense industrial base and supporting transportation networks, to the impacts of extreme weather. (c) Reports (1) In general Not later than one year after the date of the enactment of this Act, and every five years thereafter, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the broader strategic and operational impacts of extreme weather on the Department, measures to address such impacts, and progress in implementing new technologies and platforms, training and education methods, and data collection and dissemination for each military department to meet the respective mission requirements of the department. (2) Research, development, and deployment needs Each report required by paragraph (1) shall identify research, development, and deployment needs for each combatant command and functional command. 335. Assessment of climate risks to infrastructure of Department of Defense (a) In general The Secretary of Defense shall direct the Secretary of each military department to— (1) assess the vulnerability of installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, to the current and projected impacts of extreme weather, using vulnerability and risk assessment tools chosen or developed pursuant to section 326 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1310); (2) assess the infrastructure required for successful operation of such installations and facilities in response to any such vulnerabilities and ensure the military installation resilience of such installations and facilities; and (3) develop installation-specific plans pursuant to section 2864(c) of title 10, United States Code, and similar plans for State-owned National Guard installations, to address such vulnerabilities. (b) Facility assessment In carrying out subsection (a), the Secretary of each military department shall determine the needs of the military installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, based on the level of risks posed by the current and projected impacts of extreme weather, the likelihood of such risks, and the role of such installations and facilities in maintaining overall readiness and operational capability. (c) Considerations In carrying out the assessments and developing the plans required under this section, the Secretary of Defense shall ensure that the cost effectiveness over the life-cycle of the investment, and the feasibility of solutions and technologies, are considered. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances (a) In general Chapter 160 of title 10, United States Code, is amended by adding at the end the following new sections: 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force (a) In general The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ). (b) Membership The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) The Assistant Secretary of Defense for Health Affairs. (c) Chairman The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force. (d) Support The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties The duties of the PFAS Task Force are the following: (1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. (2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances. (3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (g) Definitions In this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard (a) In general Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Determination of contamination Testing conducted under subsection (a) at a military installation or facility of the National Guard shall determine— (1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and (2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. (c) Additional response actions Testing conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. (d) Type of testing When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (e) Definitions In this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of this title. (2) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given such terms in section 2714 of this title.. (b) Clerical amendment The table of sections for such chapter is amended by adding at the end the following new items: 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard.. (c) Reports on status of testing (1) Submission For each of fiscal years 2022 through 2024, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the status of the testing conducted under section 2715(a) of title 10, United States Code (as added by subsection (a)), during such year. (2) Matters Each report submitted under paragraph (1) shall identify, with respect to testing conducted under such section 2715(a)— (A) each military installation or facility where testing has been completed; (B) each military installation or facility where testing has not yet been completed; (C) the projected completion date for testing at military installations or facilities where testing has not yet been completed; (D) the results of testing at military installations or facilities where testing has been completed; and (E) the actions planned, and the projected timelines for such actions, for each military installation or facility to address contamination by a perfluoroalkyl substance or polyfluoroalkyl substance. (3) Timing Each report under paragraph (1) shall be submitted not later than January 1 of the fiscal year immediately following the fiscal year covered by the report. (4) Limitation on delegation The Secretary may delegate the responsibility for preparing the reports required by paragraph (1) only to the Deputy Secretary of Defense. (5) Definitions In this subsection, the terms military installation , perfluoroalkyl substance , and polyfluoroalkyl substance have the meanings given such terms in section 2715 of title 10, United States Code (as added by subsection (a)). 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force (a) In general The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ). (b) Membership The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) The Assistant Secretary of Defense for Health Affairs. (c) Chairman The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force. (d) Support The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties The duties of the PFAS Task Force are the following: (1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. (2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances. (3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (g) Definitions In this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard (a) In general Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Determination of contamination Testing conducted under subsection (a) at a military installation or facility of the National Guard shall determine— (1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and (2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. (c) Additional response actions Testing conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. (d) Type of testing When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (e) Definitions In this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of this title. (2) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given such terms in section 2714 of this title. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1307), and section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking fiscal years 2019, 2020, and 2021 and inserting fiscal years 2019 through 2023. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam (a) Temporary moratorium Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following: (1) The date on which the Secretary issues guidance implementing— (A) the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 ( 15 U.S.C. 8961 ); and (B) section 330 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note). (2) The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register a final rule regarding the destruction and disposal of such materials pursuant to such section. (b) Required adoption of final rule Upon publication of the final rule specified in subsection (a)(2), the Secretary shall adopt such final rule, regardless of whether the Secretary previously implemented the interim guidance specified in subsection (a)(1)(A). (c) Report Not later than one year after the enactment of this Act, and annually thereafter for three years, the Secretary shall submit to the Administrator and the Committees on Armed Services of the Senate and the House of Representatives a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including— (1) the total amount of covered materials incinerated; (2) the temperature range specified in the permit where the covered materials were incinerated; (3) the locations and facilities where the covered materials were incinerated; (4) details on actions taken by the Department of Defense to implement section 330 of the National Defense Authorization Act for Fiscal Year 2020; and (5) recommendations for the safe storage of PFAS and PFAS-containing materials prior to destruction and disposal. (d) Scope The prohibition in subsection (a) and reporting requirements in subsection (c) shall apply not only to materials sent directly by the Department of Defense to an incinerator, but also to materials sent to another entity or entities, including any waste processing facility, subcontractor, or fuel blending facility, prior to incineration. (e) Definitions In this section: (1) The term AFFF means aqueous film forming foam. (2) The term covered material means any AFFF formulation containing PFAS, material contaminated by AFFF release, or spent filter or other PFAS-contaminated material resulting from site remediation or water filtration that— (A) has been used by the Department of Defense or a military department; (B) is being discarded for disposal by the Department of Defense or a military department; or (C) is being removed from sites or facilities owned or operated by the Department of Defense. (3) The term PFAS means per- or polyfluoroalkyl substances. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam (a) Review required Not later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of the efforts of the Department of Defense to prevent or mitigate spills of aqueous film-forming foam (in this section referred to as AFFF ). Such review shall assess the following: (1) The preventative maintenance guidelines for fire trucks of the Department and fire suppression systems in buildings of the Department, to mitigate the risk of equipment failure that may result in a spill of AFFF. (2) Any requirements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity of the Department that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment. (3) The methods by which the Secretary ensures compliance with guidance specified in material safety data sheets with respect to the use of such personal protective equipment. (b) Guidance Not later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance on the prevention and mitigation of spills of AFFF based on the results of such review that includes, at a minimum, best practices and recommended requirements to ensure the following: (1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity of the Department of Defense that may result in such a spill. (2) The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities for the Department in the vicinity of such drains or basins. (3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1). (c) Briefing Not later than 30 days after the date on which the Secretary issues the guidance under subsection (b), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (b). 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances (a) Public disclosure of results (1) In general Except as provided in paragraph (2), not later than 20 days after the receipt of a final result of testing water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS ) in a covered area, the Secretary of Defense shall publicly disclose such final result, including— (A) the results of all such testing conducted in the covered area by the Department of Defense; and (B) the results of all such testing conducted in the covered area by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department of Defense. (2) Consent by private property owners The Secretary of Defense may not publicly disclose the results of testing for perfluoroalkyl or polyfluoroalkyl substances conducted on private property without the consent of the property owner. (b) Public disclosure of planned testing of water Not later than 180 days after the date of the enactment of the Act, and every 90 days thereafter, the Secretary of Defense shall publicly disclose the anticipated timeline for, and general location of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances proposed to be conducted in a covered area, including— (1) all such testing to be conducted by the Department of Defense; and (2) all such testing to be conducted by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department. (c) Nature of disclosure The Secretary of Defense may satisfy the disclosure requirements under subsections (a) and (b) by publishing the results and information referred to in such subsections— (1) on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C 2701 note); (2) on another publicly available website of the Department of Defense; or (3) in the Federal Register. (d) Local notification Prior to conducting any testing of water for perfluoroalkyl or polyfluoroalkyl substances, including any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice of the testing to— (1) the managers of the public water system serving the covered area where such testing is to occur; (2) the heads of the municipal government serving the covered area where such testing is to occur; and (3) as applicable, the members of the restoration advisory board for the military installation where such testing is to occur. (e) Methods for testing In testing water for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall adhere to methods for measuring the amount of such substances in drinking water that have been validated by the Administrator of the Environmental Protection Agency. (f) Definitions In this section: (1) The term covered area means an area in the United States that is located immediately adjacent to and down gradient from a military installation, a formerly used defense site, or a facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code. (2) The term formerly used defense site means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the Environmental Restoration Account, Formerly Used Defense Sites account established under section 2703(a)(5) of title 10, United States Code. (3) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (4) The term perfluoroalkyl or polyfluoroalkyl substance means any man-made chemical with at least one fully fluorinated carbon atom. (5) The term public water system has the meaning given such term under section 1401(4) of the Safe Drinking Water Act ( 42 U.S.C. 300f(4) ). (6) The term restoration advisory board means a restoration advisory board established pursuant to section 2705(d) of title 10, United States Code. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam (a) Review required Not later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of mutual support agreements entered into with non-Department of Defense entities (including State and local entities) that involve fire suppression activities in support of missions of the Department. (b) Matters The review under subsection (a) shall assess, with respect to the agreements specified in such subsection, the following: (1) The preventative maintenance guidelines specified in such agreements for fire trucks and fire suppression systems, to mitigate the risk of equipment failure that may result in a spill of aqueous film-forming foam (in this section referred to as AFFF ). (2) Any requirements specified in such agreements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity pursuant to the agreement that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment. (3) The methods by which the Secretary, or the non-Department entity with which the Secretary has entered into the agreement, ensures compliance with guidance specified in the agreement with respect to the use of such personal protective equipment. (c) Guidance Not later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance (based on the results of such review) on requirements to include under the agreements specified in such subsection, to ensure the prevention and mitigation of spills of AFFF. Such guidance shall include, at a minimum, best practices and recommended requirements to ensure the following: (1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity carried out pursuant to such an agreement that may result in such a spill. (2) The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities pursuant to such an agreement in the vicinity of such drains or basins. (3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1). (d) Briefing Not later than 30 days after the date on which the Secretary issues the guidance under subsection (c), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (c). 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances (a) Study The Comptroller General of the United States shall conduct a study on the procurement by the Department of Defense of certain items that contain covered PFAS substances. (b) Elements In conducting the study under subsection (a), the Comptroller General shall assess the following: (1) The extent to which information is available to the Department of Defense regarding the presence of covered PFAS substances in the items procured by the Department. (2) The challenges, if any, that exist in identifying the presence of covered PFAS substances in the items the Department procures, including whether there are certain categories of items that are more readily identified than others as containing such substances. (3) The extent to which the Department has examined the feasibility of prohibiting the procurement of items containing covered PFAS substances. (4) Such other topics as may be determined necessary by the Comptroller General. (c) Items In conducting the study under subsection (a), the Comptroller General shall, to the extent practicable, examine information relating to the consideration by the Department of Defense of such substances in the following items: (1) Furniture or floor waxes. (2) Car wax and car window treatments. (3) Cleaning products. (4) Shoes and clothing for which treatment with a covered PFAS substance is not necessary for an essential function. (d) Briefing and report Not later than 180 days after the date of enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the study conducted under subsection (a), including any preliminary observations. After such interim briefing, the Comptroller General shall submit to the committees a report on the study at a date mutually agreed upon by the Comptroller General and the committees. (e) Covered PFAS substance defined In this section, the term covered PFAS substance means any of the following: (1) Perfluorononanoic acid (PFNA). (2) Perfluorooctanoic acid (PFOA). (3) Perfluorohexanoic acid (PFHxA). (4) Perfluorooctane sulfonic acid (PFOS). (5) Perfluorohexane sulfonate (PFHxS). (6) Perfluorobutane sulfonic acid (PFBS). (7) GenX. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing a proposed schedule for the completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances, and the associated cost estimates to perform such remediation, at military installations, facilities of the National Guard, and formerly used defense sites in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Definitions In this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (2) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report identifying the status of efforts to remediate perfluoroalkyl substances and polyfluoroalkyl substances at the following locations: (1) England Air Force Base, Louisiana. (2) Naval Air Weapons Station China Lake, California. (3) Patrick Air Force Base, Florida. (4) Myrtle Beach Air Force Base, South Carolina. (5) Langley Air Force Base, Virginia. (6) Naval Air Station Jacksonville, Florida. (7) Niagara Falls Air Reserve Station, New York. (8) Grand Prairie Armed Forces Reserve Complex, Texas. (9) Altus Air Force Base, Oklahoma. (10) Charleston Air Force Base, South Carolina. (11) Barksdale Air Force Base, Louisiana. (12) Plattsburgh Air Force Base, New York. (13) Tyndall Air Force Base, Florida. (14) Sheppard Air Force Base, Texas. (15) Columbus Air Force Base, Mississippi. (16) Chanute Air Force Base, Illinois. (17) Marine Corps Air Station Tustin, California. (18) Travis Air Force Base, California. (19) Ellsworth Air Force Base, South Dakota. (20) Minot Air Force Base, North Dakota. (21) Westover Air Reserve Base, Massachusetts. (22) Eaker Air Force Base, Arkansas. (23) Naval Air Station Alameda, California. (24) Eielson Air Force Base, Alaska. (25) Horsham Air Guard Station, Pennsylvania. (26) Vance Air Force Base, Oklahoma. (27) Dover Air Force Base, Delaware. (28) Edwards Air Force Base, California. (29) Robins Air Force Base, Georgia. (30) Joint Base McGuire–Dix–Lakehurst, New Jersey. (31) Galena Air Force Base, Alaska. (32) Naval Research Laboratory Chesapeake Bay Detachment, Maryland. (33) Buckley Air Force Base, Colorado. (34) Arnold Air Force Base, Tennessee. (35) Tinker Air Force Base, Oklahoma. (36) Fairchild Air Force Base, Washington. (37) Vandenberg Air Force Base, California. (38) Hancock Field Air National Guard Base, New York. (39) F.E. Warren Air Force Base, Wyoming. (40) Nevada Air National Guard Base, Nevada. (41) K.I. Sawyer Air Force Base, Michigan. (42) Pease Air Force Base, New Hampshire. (43) Whiteman Air Force Base, Missouri. (44) Wurtsmith Air Force Base, Michigan. (45) Shepherd Field Air National Guard Base, West Virginia. (46) Naval Air Station Whidbey Island–Ault Field, Washington. (47) Rosecrans Air National Guard Base, Missouri. (48) Joint Base Andrews, Maryland. (49) Iowa Air National Guard Base, Iowa. (50) Stewart Air National Guard Base, New York. (b) Definitions In this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand (a) Clarification of operational energy responsibilities Section 2926 of title 10, United States Code, is amended— (1) in subsection (a), by inserting in contested logistics environments after missions ; and (2) in subsection (b)— (A) in the heading, by striking Authorities and inserting Responsibilities ; (B) in the matter preceding paragraph (1), by striking may and inserting shall ; (C) by amending paragraph (1) to read as follows: (1) require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans; ; (D) in paragraph (2), by inserting supportability in contested logistics environments, after power, ; and (E) in paragraph (3), by inserting in contested logistics environments after vulnerabilities. (b) Establishment of working group Such section is further amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting and in coordination with the working group under subsection (d) after components ; (B) in paragraph (1), by striking Defense and oversee and inserting Defense, including the activities of the working group established under subsection (d), and oversee ; (C) in paragraph (2), by inserting , taking into account the findings of the working group under subsection (d) after Defense ; and (D) in paragraph (3), by inserting , taking into account the findings of the working group under subsection (d) after resilience ; (2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; (3) by inserting after subsection (c), as amended by paragraph (1), the following new subsection: (d) Working Group (1) The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts. (2) The head of the working group under paragraph (1) shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e). (3) The members of the working group under paragraph (1) shall be appointed as follows: (A) A senior official of each armed force, who shall be nominated by the Secretary concerned and confirmed by the Senate to represent such armed force. (B) A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respective combatant command to represent such combatant command. (C) A senior official under the jurisdiction of the Chairman of the Joint Chiefs of Staff, who shall be appointed by the Chairman to represent the Joint Chiefs of Staff and the Joint Staff. (4) Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives pursuant to the strategy under subsection (e) for the respective component of the Department that the member represents. (5) The duties of the working group under paragraph (1) shall be as follows: (A) Planning for the integration of efforts to mitigate contested logistics challenges through the reduction of operational energy demand carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense. (B) Developing recommendations regarding the strategy for operational energy under subsection (e). (C) Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces. (D) Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets. (E) Developing recommendations to mitigate the effects of hostile action by a near-peer adversary targeting operational energy storage and operations of the armed forces, including through the use of innovative delivery systems, distributed storage, flexible contracting, and improved automation. ; and (4) in subsection (g), as redesignated by paragraph (2)— (A) in paragraph (1)— (i) by striking The Secretary of a military department and inserting Each member of the working group under subsection (d) ; and (ii) by striking conducted by the military department and inserting conducted by the respective component of the Department that the member represents for purposes of the working group ; and (B) in paragraph (2), by striking military department and inserting armed force. (c) Modifications to operational energy strategy Subsection (e) of such section, as redesignated by subsection (b)(2), is amended to read as follows: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the working group under subsection (d), shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall be updated every five years and shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within each armed force, across the armed forces, and with the Office of the Secretary of Defense. (2) The strategy required under paragraph (1) shall include the following: (A) A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand within each armed force. (B) An assessment of how industry trends transitioning from the production of internal combustion engines to the development and production of alternative propulsion systems may affect the long-term availability of parts for military equipment, the fuel costs for such equipment, and the sustainability of such equipment. (C) An assessment of any technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term. (D) An assessment of how the Secretaries concerned and the commanders of the combatant commands can better plan for challenges presented by near-peer adversaries in a contested logistics environment, including through innovative delivery systems, distributed storage, flexible contracting, and improved automation. (E) An assessment of any infrastructure investments of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary. (3) By authority of the Secretary of Defense, and taking into consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to specific operational energy plans and programs to be carried out pursuant to the strategy. (4) Not later than 30 days after the date on which the budget for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, and every five years thereafter, the Assistant Secretary shall submit to the congressional defense committees the strategy required under paragraph (1).. (d) Definition Such section is further amended by adding at the end the following new subsection: (h) Contested logistics environment defined In this section, the term contested logistics environment means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.. (e) Conforming amendment Section 2926(c)(5) of title 10, United States Code, is amended by striking subsection (e)(4) and inserting subsection (f)(4). (f) Interim report Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section. Such report shall include an update regarding the establishment of the working group under section 2926(d) of title 10, United States Code, as amended by subsection (b). (g) Briefing on Assistant Secretary of Defense for Energy, Installations, and Environment Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the following: (1) The planned division of responsibilities between the Assistant Secretary of Defense for Sustainment and the Assistant Secretary of Defense for Energy, Installations, and Environment. (2) A personnel plan to ensure the adequate manning of support personnel for the Assistant Secretary of Defense for Energy, Installations, and Environment. (3) Any additional resources necessary to ensure the ability of the Assistant Secretary of Defense for Energy, Installations, and Environment to fulfill the duty required under section 138(b)(7) of title 10, United States Code, and any other duties required of such Assistant Secretary by law. 352. Global bulk fuel management and delivery (a) Responsibility of United States Transportation Command (1) In general Subchapter III of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section: 2927. Global bulk fuel management and delivery (a) Responsible element (1) Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis. (2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023. (b) Coordination with Defense Logistics Agency In carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency. (c) Rule of construction Except to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as— (1) limiting any other function of the Defense Logistics Agency Energy; or (2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command.. (2) Clerical amendment The table of contents for such subchapter is amended by adding at the end the following new item: 2927. Global bulk fuel management and delivery.. (b) Briefing Not later than July 1, 2022, the Commander of United States Transportation Command shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on progress made to carry out the transfer of responsibilities to the United States Transportation Command pursuant to section 2927 of title 10, United States Code (as added by subsection (a)), including— (1) a review of the plan of action for such transfer; (2) a review of milestones completed and yet to be completed with respect to such transfer; and (3) an identification of any legislative changes or additional resources the Commander determines are necessary to implement such section 2927. (c) Global bulk fuel management strategy (1) Strategy required Not later than October 1, 2022, the Commander of United States Transportation Command shall prepare and submit to the Committees on Armed Services of the House of Representatives and the Senate a strategy to develop the infrastructure and programs necessary to optimally support global bulk fuel management of the Department of Defense. (2) Additional elements The strategy under paragraph (1) shall include the following additional elements: (A) A description of the current organizational responsibility for bulk fuel management of the Department, organized by geographic combatant command, including with respect to ordering, storage, and strategic and tactical transportation. (B) A description of any legacy bulk fuel management assets of each of the geographic combatant commands. (C) A description of the operational plan to exercise such assets to ensure full functionality and to repair, upgrade, or replace such assets as necessary. (D) An identification of the resources required for any such repairs, upgrades, or replacements. (E) A description of the current programs relating to platforms, weapon systems, or research and development, that are aimed at managing fuel constraints by decreasing demand for fuel. (F) An assessment of current and projected threats to forward-based bulk fuel delivery, storage, and distribution systems, and an assessment, based on such current and projected threats, of attrition to bulk fuel infrastructure, including storage and distribution systems, in a conflict involving near-peer foreign countries. (G) An assessment of current days of supply guidance, petroleum war reserve requirements, and prepositioned war reserve stocks, based on operational tempo associated with distributed operations in a contested environment. (H) An identification of the resources required to address any changes to such guidance, requirements, or stocks recommended as the result of such assessment. (I) An identification of any global shortfall with respect to bulk fuel management, organized by geographic combatant command, and a prioritized list of investment recommendations to address each shortfall identified. (3) Coordination In preparing the strategy under paragraph (1), the Commander of United States Transportation Command shall coordinate with subject matter experts of the Joint Staff, the geographic combatant commands, the Defense Logistics Agency, and the military departments. (4) Form The strategy under paragraph (1) may be submitted in classified form, but if so submitted shall include an unclassified executive summary. (d) Conforming amendments Section 2854 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) is amended— (1) in subsection (b), by striking The organizational element designated pursuant to subsection (a) and inserting The Secretary of Defense ; (2) in subsection (c), by striking subsection (b) and inserting subsection (a) ; (3) by striking subsections (a) and (d); and (4) by redesignating subsections (b) and (c), as amended by paragraphs (1) and (2), as subsections (a) and (b), respectively. 2927. Global bulk fuel management and delivery (a) Responsible element (1) Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis. (2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023. (b) Coordination with Defense Logistics Agency In carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency. (c) Rule of construction Except to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as— (1) limiting any other function of the Defense Logistics Agency Energy; or (2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation (a) Test and evaluation Not later than 120 days after the date of the enactment of this Act, the Director of the Strategic Environmental Research and Development Program and the Environmental Security Technology Certification Program shall test and evaluate at least one existing covered biobased solution for use as an alternative to current solutions of the Department of Defense for the control and mitigation of corrosion. (b) Determination Following the test and evaluation of a covered biobased solution under subsection (a), the Director shall determine, based on such test and evaluation, whether the solution meets the following requirements: (1) The solution is capable of being produced domestically in sufficient quantities. (2) The solution is at least as effective at the control and mitigation of corrosion as current alternative solutions. (3) The solution reduces environmental exposures. (c) Recommendations The Director shall develop recommendations for the Department of Defense-wide deployment of covered biobased solutions that the Director has determined meet the requirements under subsection (b). (d) Covered biobased solution defined In this section, the term covered biobased solution means a solution for the control and mitigation of corrosion that is domestically produced, commercial, and biobased. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations (a) In general Beginning not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall undertake a pilot program under which the digitization of the facilities and operations of at least one covered depot shall be provided for by the Secretary concerned. (b) Elements of pilot program In carrying out the pilot program under this section, the Secretary concerned shall provide for each of the following at the covered depot or depots at which the program is carried out: (1) The creation of a digital twin model of the maintenance, repair, and remanufacturing infrastructure and activities. (2) The modeling and simulation of optimized facility configuration, logistics systems, and processes. (3) The analysis of material flow and resource use to achieve key performance metrics for all levels of maintenance and repair. (4) An assessment of automated, advanced, and additive manufacturing technologies that could improve maintenance, repair, and remanufacturing operations. (c) Report Not later than 60 days after the completion of the digital twin model and associated analysis, the Assistant Secretary of Defense for Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include— (1) a summary of the cost of the pilot program; (2) a description of the efficiencies identified under the pilot program; (3) a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies; (4) any plans to undertake such investments; and (5) the assessment of the Assistant Secretary of the value of the pilot program and the potential applicability of the findings of the pilot program to other covered depots. (d) Definitions In this section: (1) The term covered depot includes any depot covered under section 2476(e) of title 10, United States Code, except for the following: (A) Portsmouth Naval Shipyard, Maine. (B) Pearl Harbor Naval Shipyard, Hawaii. (C) Puget Sound Naval Shipyard, Washington. (D) Norfolk Naval Shipyard, Virginia. (2) The terms military departments and Secretary concerned have the meanings given such terms in section 101 of title 10, United States Code. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy (a) Updated plan (1) In general Not later than September 30, 2022, the Secretary of the Navy shall submit to the congressional defense committees an update to the plan of the Secretary for implementation of the Shipyard Infrastructure Optimization Program of the Department of the Navy, with the objective of providing increased transparency for the actual costs and schedules associated with infrastructure optimization activities for shipyards covered by such program. (2) Updated cost estimates The updated plan required under paragraph (1) shall include updated cost estimates comprising the most recent costs of capital improvement projects for each of the four public shipyards covered by the Shipyard Infrastructure Optimization Program. (b) Briefing requirement (1) In general Before the start of physical construction with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall brief each of the congressional defense committees on such project, regardless of the source of funding for such project. (2) Written information Before conducting a briefing under paragraph (1) with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall submit to the congressional defense committees in writing the following information: (A) An updated cost estimate for such project that— (i) meets the standards of the Association for the Advancement of Cost Engineering for a Level 1 or Level 2 cost estimate; or (ii) is an independent cost estimate. (B) A schedule for such project that is comprehensive, well-constructed, credible, and controlled pursuant to the Schedule Assessment Guide: Best Practices for Project Schedules (GAO–16–89G) set forth by the Comptroller General of the United States in December 2015, or successor guide. (C) An estimate of the likelihood that programmed and planned funds for such project will be sufficient for the completion of the project. (3) Covered project defined In this subsection, the term covered project means a shipyard project under the Shipyard Infrastructure Optimization Program— (A) with a contract awarded on or after October 1, 2024; and (B) valued at $250,000,000 or more. (c) Annual report (1) In general Not later than December 31, 2022, and not later than December 31 of each year thereafter, the Commander of the Naval Sea Systems Command, in coordination with the Program Manager Ships 555, shall submit to the congressional defense committees a report detailing the use by the Department of the Navy of funding for all efforts associated with the Shipyard Infrastructure Optimization Program, including the use of amounts made available by law to support the projects identified in the plan to implement such program, including any update to such plan under subsection (a). (2) Elements Each report required by paragraph (1) shall include updated cost and schedule estimates— (A) for the plan to implement the Shipyard Optimization Program, including any update to such plan under subsection (a); and (B) for each dry dock, major facility, and infrastructure project valued at $250,000,000 or more under such program. (d) Comptroller General report (1) Report (A) In general Not later than May 1, 2023, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of the Secretary of the Navy in implementing the Shipyard Infrastructure Optimization Program, including— (i) the progress of the Secretary in completing the first annual report required under such program; and (ii) the cost and schedule estimates for full implementation of such program. (B) Elements The report required by subparagraph (A) shall include the following: (i) An assessment of the extent to which the cost estimate for the updated optimization plan for the Shipyard Infrastructure Optimization Program is consistent with leading practices for cost estimation. (ii) An assessment of the extent to which the project schedule for such program is comprehensive, well-constructed, credible, and controlled. (iii) An assessment of whether programmed and planned funds for a project under such program will be sufficient for the completion of the project. (iv) Such other related matters as the Comptroller General considers appropriate. (2) Initial briefing Not later than April 1, 2023, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the preliminary findings of the report under paragraph (1). 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on individual aircraft fleet sustainment costs for the F–35 A/B/C, F/A–18 C/D/E/F/G, AV–8B, A–10C, F–16 C/D, F–22, and F–15 C/E/EX aircraft fleets. Such report shall include the following: (1) A detailed description and explanation of, and the actual cost data related to, current sustainment costs for the aircraft fleets specified in this subsection, including an identification and assessment of cost elements attributable to the Federal Government or to contractors (disaggregated by the entity responsible for each portion of the cost element, including for a prime contractor and any first-tier subcontractor) with respect to such sustainment costs. (2) An identification of sustainment cost metrics for each aircraft fleet specified in this subsection for each of fiscal years 2022 through 2026, expressed in cost-per-tail-per-year format. (b) Limitation on certain F–35 contracts (1) In general The Secretary of Defense may not enter into a performance-based logistics sustainment contract for the F–35 airframe or engine programs, or modify an existing contract for the F–35 airframe or engine programs to require the use of a performance-based logistics sustainment contract, unless the Secretary submits to the congressional defense committees a certification that the Secretary has determined such a performance-based logistics contract will— (A) reduce sustainment or operating costs for the F–35 airframe or engine programs; or (B) increase readiness rates, full and partial mission capability rates, or airframe and engine availability rates of the F–35 weapon system. (2) Certification Any certification submitted pursuant to paragraph (1) shall include a cost-benefit analysis comparing an existing contract for the F–35 airframe or engine programs with a performance-based logistics sustainment contract for the F–35 airframe or engine programs. (3) Applicability The limitation under paragraph (1) shall not apply with respect to the termination, modification, exercise of a contract option for, or other action relating to, a contract for the F–35 program entered into prior to the date of the enactment of this Act unless such termination, modification, exercise, or other action would require the use of a performance-based logistics sustainment contract as specified in paragraph (1). (c) Cost-per-tail-per-year calculation For purposes of this section, the average cost-per-tail of a variant of an aircraft of an Armed Force shall be determined by— (1) adding the total amount expended for a fiscal year (in base year fiscal 2012 dollars) for all such aircraft in the inventory of an Armed Force for— (A) unit level manpower; (B) unit operations; (C) maintenance; (D) sustaining support; (E) continuing system support; and (F) modifications; and (2) dividing the sum resulting under paragraph (1) by the average number of such aircraft in the inventory of an Armed Force during such fiscal year. 357. Comptroller General annual reviews of F–35 sustainment efforts (a) Annual reviews and briefings Not later than March 1 of each year of 2022, 2023, 2024, and 2025, the Comptroller General of the United States shall— (1) conduct an annual review of the sustainment efforts of the Department of Defense with respect to the F–35 aircraft program (including the air vehicle and propulsion elements of such program); and (2) provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on such review, including any findings of the Comptroller General as a result of such review. (b) Elements Each review under subsection (a)(1) shall include an assessment of the following: (1) The status of the sustainment strategy of the Department for the F–35 Lightning II aircraft program. (2) The Department oversight and prime contractor management of key sustainment functions with respect to the F–35 aircraft program. (3) The ability of the Department to reduce the costs, or otherwise maintain the affordability, of the sustainment of the F–35 fleet. (4) Any other matters regarding the sustainment or affordability of the F–35 aircraft program that the Comptroller General determines to be of critical importance to the long-term viability of such program. (c) Reports Following the provision of each briefing under subsection (a)(2), at such time as is mutually agreed upon by the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General, the Comptroller General shall submit to such committees a report on the matters covered by the briefing. 361. Inclusion of information regarding borrowed military manpower in readiness reports Section 482(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph: (10) Information regarding the extent to which any member of the armed forces is assigned or detailed outside the member’s unit or away from training in order to perform any function that had previously been performed by civilian employees of the Federal Government.. 362. Annual report on material readiness of Navy ships Section 8674(d) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by striking submit to the and inserting provide to the ; (B) by inserting a briefing and submit to such committees after congressional defense committees ; and (C) by striking setting forth and inserting regarding ; (2) in paragraph (2)— (A) by striking in an unclassified form that is releasable to the public without further redaction. and inserting in— ; and (B) by adding at the end the following new subparagraphs: (A) a classified form; and (B) an unclassified form that is releasable to the public without further redaction. ; and (3) by striking paragraph (3). 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons (a) In general For each of fiscal years 2022, 2023, and 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on security, control, thefts, losses, and recoveries of sensitive conventional arms, ammunition, and explosives (commonly referred to as AA&E ) of the Department of Defense during such year, including the following: (1) M–16 or M4s. (2) Light automatic weapons up to and including M249, M2, and 40mm MK19 machine guns. (3) Functional launch tube with umbilical squib installed and grip stock for the Stinger missile. (4) Launch tube, sight assembly, and grip stock for missiles. (5) Tracker for the Dragon missile. (6) Mortar tubes up to and including 81mm. (7) Grenade launchers. (8) Rocket and missile launchers with an unpacked weight of 100 pounds or less. (9) Flame throwers. (10) The launcher, missile guidance se, or the optical sight for the TOW and the Javelin Command Launch Unit. (11) Single shot and semi-automatic (non-automatic) shoulder-fired weapons such as shotguns and bolt action rifles and weapons barrels. (12) Handguns. (13) Recoil-less rifles up to and including 106mm. (14) Man-portable missiles and rockets in a ready-to-fire configuration or when jointly stored or transported with the launcher tube or grip-stock and the explosive round. (15) Stinger missiles. (16) Dragon, Javelin, light antitank weapon (66mm), shoulder-launched multi-purpose assault weapon rocket (83mm), M136 (AT4) anti-armor launcher and cartridge (84mm). (17) Missiles and rockets that are crew-served or require platform-mounted launchers and other equipment to function, including HYDRA–70 rockets and tube-launched optically wire guided (TOW) missiles. (18) Missiles and rockets that require platform-mounted launchers and complex hardware equipment to function including the HELLFIRE missile. (19) Explosive rounds of any missile or rocket listed in paragraphs (1) through (18). (20) Hand or rifle grenades (high-explosive and white phosphorous). (21) Antitank or antipersonnel mines. (22) Explosives used in demolition operations, C–4, military dynamite, and trinitrotoluene (TNT). (23) Warheads for sensitive missiles and rockets weighing less than 50 pounds each. (24) Ammunition that is.50 caliber or larger with explosive-filled projectile. (25) Incendiary grenades and fuses for high-explosive grenades. (26) Blasting caps. (27) Supplementary charges. (28) Bulk explosives. (29) Detonating cord. (30) Riot control agents. (b) Immediate reporting of confirmed thefts, losses, and recoveries Not later than 72 hours after a confirmed theft, loss, or recovery of a sensitive conventional arm, ammunition, or explosive covered by the report required by subsection (a), the Secretary shall report such theft, loss, or recovery to the National Crime Information Center and local law enforcement. 364. Strategy and annual report on critical language proficiency of special operations forces (a) Strategy (1) Strategy required Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a strategy to improve the language proficiency of the special operations forces of the Armed Forces, including by identifying individuals who have proficiency in a critical language and recruiting and retaining such individuals in the special operations forces. (2) Elements The strategy under paragraph (1) shall include the following: (A) A baseline of foreign language proficiency requirements to be implemented within the special operations forces, disaggregated by Armed Force and by critical language. (B) Annual recruitment targets for the number of candidates with demonstrated proficiency in a critical language to be selected for participation in the initial assessment and qualification programs of the special operations forces. (C) A description of current and planned efforts of the Secretaries concerned and the Assistant Secretary to meet such annual recruitment targets. (D) A description of any training programs used to enhance or maintain foreign language proficiency within the special operations forces, including any nongovernmental programs used. (E) An annual plan to enhance and maintain foreign language proficiency within the special operations forces of each Armed Force. (F) An annual plan to retain members of the special operation forces of each Armed Force who have proficiency in a foreign language. (G) A description of current and projected capabilities and activities that the Assistant Secretary determines are necessary to maintain proficiency in critical languages within the special operations forces. (H) A plan to implement a training program for members of the special operations forces who serve in positions that the Assistant Secretary determines require proficiency in a critical language to support the Department of Defense in strategic competition. (b) Reports required Not later than December 31, 2022, and annually thereafter until December 31, 2025, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report on the strategy required under subsection (a), including progress in achieving the objectives of the strategy with respect to the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language. (c) Definitions In this section: (1) The term critical language means a language identified by the Director of the National Security Education Program as critical to national security. (2) The terms military departments and Secretary concerned have the meanings given such terms in section 101 of title 10, United States Code. (3) The term proficiency means proficiency in a language, as assessed by the Defense Language Proficiency Test. (4) The term special operations forces means forces described under section 167(j) of title 10, United States Code. 371. Military Aviation and Installation Assurance Clearinghouse matters (a) Strategy to test and integrate wind turbine interference mitigation strategies The Secretary of Defense and the Secretary of the Air Force, in coordination with the Commander of United States Northern Command and the Commander of North American Aerospace Defense Command, shall develop a strategy to test and integrate wind turbine interference mitigation technologies into radars and the air surveillance command and control architecture of the Department of Defense. (b) Modification of Clearinghouse requirements Section 183a(c) of title 10, United States Code, is amended— (1) in paragraph (2), by adding at the end the following new subparagraph: (C) A notice of presumed risk issued under subparagraph (A) is a preliminary assessment only and does not represent a formal objection pursuant to subsection (e). Discussions of possible mitigation actions under such subparagraph could favorably resolve any concerns identified in the notice of presumed risk. ; and (2) by adding at the end the following new paragraph: (8) If, in reviewing an application for an energy project pursuant to paragraph (1), the Clearinghouse finds no adverse impact on military operations under section 44718(b)(1) of title 49, the Clearinghouse shall communicate to the Secretary of Transportation in writing, not later than five business days after making such finding, the following: No Part 77 concerns, national security review ongoing... 372. Establishment of Joint Safety Council (a) In general Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section: 184. Joint Safety Council (a) In general There is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the Council ). (b) Membership; appointment; compensation (1) The Council shall be composed of voting members as follows: (A) The Director of Safety for each military department. (B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense. (C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned. (D) Such additional members as may be determined by the Deputy Secretary of Defense. (2) (A) Each member of the Council shall serve at the will of the official who appointed that member. (B) Any vacancy on the Council shall be filled in the same manner as the original appointment. (3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. (c) Chairperson and vice chairperson (1) (A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council. (B) The Chairperson shall serve for a term of two years and shall be responsible for— (i) serving as the Director of Safety for the Department of Defense; (ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; (iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments; (iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments; (v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv); (vi) advising Congress on issues relating to military safety and reforms; and (vii) overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. (2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson. (d) Responsibilities The Council shall carry out the following responsibilities: (1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. (2) With respect to mishap data— (A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense; (B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and (C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department. (3) With respect to non-mishap data— (A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data; (B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and (C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards. (4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments. (5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system. (6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships. (7) Reviewing the proposal of each military department for the safety management systems described in paragraphs (9) and (10). (8) Reviewing the implementation of such systems by each military department. (9) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents. (e) Oversight The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. (f) Staff (1) The Council may appoint staff in accordance with section 3101 of title 5. (2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis. (g) Contract authority The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. (h) Procurement of temporary and intermittent services The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Data collection (1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes. (2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data. (3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person. (j) Meetings The Council shall meet quarterly and at the call of the Chairperson. (k) Report The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item: 184. Joint Safety Council.. (c) Deadlines (1) Establishment The Secretary of Defense shall ensure the establishment of the Joint Safety Council under section 184 of title 10, United States Code (as added by subsection (a)), by not later than the date that is 120 days after the date of the enactment of this Act. (2) Appointment of first members The initial members of the Joint Safety Council established under such section 184 shall be appointed by not later than the date that is 120 days after the date of the enactment of this Act. (3) Directors of Safety Not later than 30 days after the date of the enactment of this Act, the Secretary of each military department shall ensure there is appointed as the Director of Safety for the military department concerned an officer of that military department in pay grade O–8 or above. (d) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (1) A description of the measures the Secretary plans to take to correct the issues identified in the report of the National Commission on Military Aviation Safety submitted to the President and Congress and dated December 1, 2020. (2) A statement as to whether the Secretary concurs or disagrees with the findings of such report. (3) A detailed plan of action for the implementation of each recommendation included in such report. (4) Any additional recommendations the Secretary determines are necessary to apply the findings of the National Commission on Military Aviation Safety in such report to all aspects of military safety. (e) Authorization of appropriations Of the amounts authorized to be appropriated or otherwise made available by this Act for Military Personnel Appropriations for fiscal year 2022, $4,000,000 shall be made available for the Joint Safety Council established under section 184 of title 10, United States Code, as added by subsection (a). 184. Joint Safety Council (a) In general There is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the Council ). (b) Membership; appointment; compensation (1) The Council shall be composed of voting members as follows: (A) The Director of Safety for each military department. (B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense. (C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned. (D) Such additional members as may be determined by the Deputy Secretary of Defense. (2) (A) Each member of the Council shall serve at the will of the official who appointed that member. (B) Any vacancy on the Council shall be filled in the same manner as the original appointment. (3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. (c) Chairperson and vice chairperson (1) (A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council. (B) The Chairperson shall serve for a term of two years and shall be responsible for— (i) serving as the Director of Safety for the Department of Defense; (ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; (iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments; (iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments; (v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv); (vi) advising Congress on issues relating to military safety and reforms; and (vii) overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. (2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson. (d) Responsibilities The Council shall carry out the following responsibilities: (1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. (2) With respect to mishap data— (A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense; (B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and (C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department. (3) With respect to non-mishap data— (A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data; (B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and (C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards. (4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments. (5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system. (6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships. (7) Reviewing the proposal of each military department for the safety management systems described in paragraphs (9) and (10). (8) Reviewing the implementation of such systems by each military department. (9) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents. (e) Oversight The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. (f) Staff (1) The Council may appoint staff in accordance with section 3101 of title 5. (2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis. (g) Contract authority The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. (h) Procurement of temporary and intermittent services The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Data collection (1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes. (2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data. (3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person. (j) Meetings The Council shall meet quarterly and at the call of the Chairperson. (k) Report The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council. 373. Improvements and clarifications related to military working dogs (a) Prohibition on charge for transfer of military animals Section 2583(d) of title 10, United States Code, is amended by striking may and inserting shall. (b) Inclusion of military working dogs in certain research Section 708(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1071 note) is amended— (1) in paragraph (7), by striking of members of the Armed Forces and inserting with respect to both members of the Armed Forces and military working dogs ; and (2) by striking paragraph (9) and inserting the following new paragraph: (9) To inform and advise the conduct of research on the leading causes of morbidity and mortality of members of the Armed Forces and military working dogs in combat.. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative Section 343 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 7554 note) is amended by striking the date that is five years after the date of the enactment of this Act and inserting November 25, 2025,. 375. Authority to maintain access to category 3 subterranean training facility (a) In general The Secretary of Defense may ensure that the Department of Defense maintains access to a covered category 3 subterranean training facility on a continuing basis. (b) Authority to enter into lease The Secretary of Defense is authorized to enter into a short-term lease with a provider of a covered category 3 subterranean training facility for purposes of carrying out subsection (a). (c) Covered category 3 subterranean training facility defined In this section, the term covered category 3 subterranean training facility means a category 3 subterranean training facility that is— (1) operational as of the date of the enactment of this Act; and (2) deemed safe for use as of such date. 376. Accident Investigation Review Board (a) Proposal for establishment of Board The Deputy Secretary of Defense shall develop a proposal for the establishment of an Accident Investigation Review Board (in this section referred to as the Board ) to provide independent oversight and review of the legal investigations conducted by the Department of Defense outside of the safety process into the facts and circumstances surrounding operational and training accidents. The proposal shall include recommendations relating to— (1) the size and composition of the Board; (2) the process by which the Board would screen accident investigations to identify unsatisfactory, biased, incomplete, or insufficient investigations requiring subsequent review by the Board, including whether the Board should review investigations meeting a predetermined threshold (such as all fatal accidents or all Class A mishaps); (3) the process by which the military departments and other components of the Department of Defense could refer pending or completed accident investigations to the Board for review; (4) the process by which the Board would evaluate a particular accident investigation for accuracy, thoroughness, and objectivity; (5) the requirements for and process by which the convening component of an investigation reviewed by the Board should address the findings of the Board’s review of that particular investigation; (6) proposed procedures for safeguarding privileged and sensitive data and safety information collected during the investigation review process; and (7) how and when the Board would be required to report to the Deputy Secretary of Defense on the activities of the Board, the outcomes of individual investigation reviews performed by the Board, and the assessment of the Board regarding cross-cutting themes and trends identified by those reviews. (b) Report Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committee the proposal required by subsection (a) and a timeline for establishing the Board. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents (a) Plan required Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees and to the Comptroller General of the United States a plan to address the recommendations in the report of the Government Accountability Office entitled Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents (GAO–21–361). Each such plan shall include, with respect to each recommendation in such report that the Secretary concerned has implemented or intends to implement— (1) a summary of actions that have been or will be taken to implement the recommendation; and (2) a schedule, with specific milestones, for completing implementation of the recommendation. (b) Deadline for implementation (1) In general Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, each Secretary concerned shall carry out activities to implement the plan of the Secretary developed under subsection (a). (2) Exception for implementation of certain recommendations (A) Delayed implementation A Secretary concerned may initiate implementation of a recommendation in the report referred to in subsection (a) after the date specified in paragraph (1) if, on or before such date, the Secretary provides to the congressional defense committees a specific justification for the delay in implementation of such recommendation. (B) Nonimplementation A Secretary concerned may decide not to implement a recommendation in the report referred to in subsection (a) if, on or before the date specified in paragraph (1), the Secretary provides to the congressional defense committees— (i) a specific justification for the decision not to implement the recommendation; and (ii) a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation. (c) Secretary concerned In this section, the term Secretary concerned means— (1) the Secretary of the Army, with respect to the Army; and (2) the Secretary of the Navy, with respect to the Navy. 378. Requirements relating to emissions control tactics, techniques, and procedures (a) Review Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current electromagnetic spectrum emissions control tactics, techniques, and procedures across the joint force. (b) Requirements Not later than 60 days after completing the review under subsection (a), the Secretary of Defense shall direct each Secretary of a military department to update or establish, as applicable, standard tactics, techniques, and procedures, including down to the operational level, pertaining to emissions control discipline during all phases of operations. (c) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation status of the tactics, techniques, and procedures updated or established, as applicable, under subsection (b) by each of the military departments, including— (1) incorporation into doctrine of the military departments; (2) integration into training of the military departments; and (3) efforts to coordinate with the militaries of partner countries and allies to develop similar standards and associated protocols, including through the use of working groups. 379. Management of fatigue among crew of naval surface ships and related improvements (a) Requirement The Secretary of the Navy shall implement each recommendation for executive action set forth in the report of the Government Accountability Office titled Navy Readiness: Additional Efforts Are Needed to Manage Fatigue, Reduce Crewing Shortfalls, and Implement Training (GAO–21–366). (b) Report Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees and the Comptroller General a report on the status of actions taken by the Secretary to monitor crew fatigue and ensure equitable fatigue management throughout the naval surface ship fleet in accordance with subsection (a). Such report shall include the following: (1) An assessment of the extent of crew fatigue throughout the naval surface ship fleet. (2) A description of the metrics used to assess the extent of fatigue pursuant to paragraph (1). (3) An identification of results-oriented goals for effective fatigue management. (4) An identification of timeframes for achieving the goals identified pursuant to paragraph (3). (c) Comptroller General briefing Not later than 90 days after the date on which the Comptroller General receives the report under subsection (b), the Comptroller General shall provide to the congressional defense committees a briefing on the extent to which the actions and goals described in the report meet the requirements of subsection (a). 380. Authority for activities to improve next generation radar systems capabilities (a) Authority The Secretary of Defense may undertake activities to enhance future radar systems capabilities, including the following: (1) Designating specific industry, academic, government, or public-private partnership entities to provide expertise in the repair, sustainment, and support of radar systems to meet current and future defense requirements, as appropriate. (2) Facilitating collaboration among academia, the Federal Government, the defense industry, and the commercial sector, including with respect to radar system repair and sustainment activities. (3) Establishing advanced research and workforce training and educational programs to enhance future radar systems capabilities. (4) Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of radar systems in defense systems and operational activities, including continuing education and training goals. (5) Increasing communications and personnel exchanges with radar systems experts in industry to support adoption of state-of-the-art technologies and operational practices, especially to support meeting future defense needs related to radar systems in autonomous systems. (6) Establishing agreements with one or more institutions of higher education or other organizations in academia or industry to provide for activities authorized under this section. (7) Partnering with nonprofit institutions and private industry with expertise in radar systems to support activities authorized under this section. (8) Establishing research centers and facilities, including centers of excellence, as appropriate to support activities authorized under this section, especially to promote partnerships between government, industry, and academia. (b) Institution of higher education defined The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). 381. Pilot program on military working dog and explosives detection canine health and excellence (a) Pilot program Not later than September 31, 2022, the Secretary of Defense shall carry out a pilot program to ensure the health and excellence of explosives detection military working dogs. Under such pilot program, the Secretary shall consult with domestic breeders of working dog lines, covered institutions of higher education, and covered national domestic canine associations, to— (1) facilitate the presentation, both in a central location and at regional field evaluations in the United States, of domestically-bred explosives detection military working dogs for assessment for procurement by the Department of Defense, at a rate of at least 250 canines presented per fiscal year; (2) facilitate the delivery and communication to domestic breeders, covered institutions of higher education, and covered national domestic canine associations, of information regarding— (A) any specific needs or requirements for the future acquisition by the Department of explosives detection military working dogs; and (B) any factors identified as relevant to the success or failure of explosives detection military working dogs presented for assessment pursuant to this section; (3) collect information on the biological and health factors of explosives detection military working dogs procured by the Department, and make such information available for academic research and to domestic breeders; (4) collect and make available genetic and phenotypic information, including canine rearing and training data for study by domestic breeders and covered institutions of higher education, for the further development of working canines that are bred, raised, and trained domestically; and (5) evaluate current Department guidance for the procurement of military working dogs to ensure that pricing structures and procurement requirements for foreign and domestic canine procurements accurately account for input cost differences between foreign and domestic canines. (b) Termination The authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2024. (c) Definitions In this section: (1) The term covered institution of higher education means an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), with demonstrated expertise in veterinary medicine for working canines. (2) The term covered national domestic canine association means a national domestic canine association with demonstrated expertise in the breeding and pedigree of working canine lines. (3) The term explosives detection military working dog means a canine that, in connection with the work duties of the canine performed for the Department of Defense, is certified and trained to detect odors indicating the presence of explosives in a given object or area, in addition to the performance of such other duties for the Department as may be assigned. 382. Department of Defense response to military lazing incidents (a) Investigation into lazing of military aircraft (1) Investigation required The Secretary of Defense shall conduct a formal investigation into all incidents of lazing of military aircraft that occurred during fiscal year 2021. The Secretary shall carry out such investigation in coordination and collaboration with appropriate non-Department of Defense entities. (2) Report to Congress Not later than March 31, 2022, the Secretary shall submit to the congressional defense committees a report on the findings of the investigation conducted pursuant to paragraph (1). (b) Information sharing The Secretary shall seek to increase information sharing between the Department of Defense and the States with respect to incidents of lazing of military aircraft, including by entering into memoranda of understanding with State law enforcement agencies on information sharing in connection with such incidents to provide for procedures for closer cooperation with local law enforcement in responding to such incidents as soon as they are reported. (c) Data collection and tracking The Secretary shall collect such data as may be necessary to track the correlation between noise complaints and incidents of military aircraft lazing. (d) Operating procedures The Secretary shall give consideration to adapting local operating procedures in areas with high incidence of military aircraft lazing incidents to reduce potential injury to aircrew. (e) Eye protection The Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment that protects against the most commonly available green light lasers that are available to the public. If the Secretary determines that no such laser eye protection equipment is available, the Secretary shall conduct research and develop such equipment. 401. End strengths for active forces The Armed Forces are authorized strengths for active duty personnel as of September 30, 2022, as follows: (1) The Army, 485,000. (2) The Navy, 346,920. (3) The Marine Corps, 178,500. (4) The Air Force, 329,220. (5) The Space Force, 8,400. 402. Revisions in permanent active duty end strength minimum levels Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (5) and inserting the following new paragraphs: (1) For the Army, 485,000. (2) For the Navy, 346,920. (3) For the Marine Corps, 178,500. (4) For the Air Force, 329,220. (5) For the Space Force, 8,400.. 403. Additional authority to vary Space Force end strength (a) In general Notwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for each fiscal year as follows: (1) Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength. (2) Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength. (b) Termination The authority provided under subsection (a) shall terminate on December 31, 2022. 411. End strengths for Selected Reserve (a) In general The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows: (1) The Army National Guard of the United States, 336,000. (2) The Army Reserve, 189,500. (3) The Navy Reserve, 58,600. (4) The Marine Corps Reserve, 36,800. (5) The Air National Guard of the United States, 108,300. (6) The Air Force Reserve, 70,300. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for Reserves on active duty in support of the reserves Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2022, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 30,845. (2) The Army Reserve, 16,511. (3) The Navy Reserve, 10,293. (4) The Marine Corps Reserve, 2,386. (5) The Air National Guard of the United States, 25,333. (6) The Air Force Reserve, 6,003. 413. End strengths for military technicians (dual status) (a) In general The minimum authorized number of military technicians (dual status) as of the last day of fiscal year 2022 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 6,492. (3) For the Air National Guard of the United States, 10,994. (4) For the Air Force Reserve, 7,111. (b) Limitation on number of temporary military technicians (dual status) The number of temporary military technicians (dual-status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection. (c) Limitation Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active Guard and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual's position. 414. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2022, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. 415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths Section 115(b)(2)(B) of title 10, United States Code, is amended by striking 1095 days in the previous 1460 days and inserting 1825 days in the previous 2190 days. 421. Military personnel (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. (b) Construction of authorization The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2022. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements (a) Authority on and before December 31, 2022 Section 526 of title 10, United States Code, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Transfer of authorizations among the military services (1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title, and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense, if each appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. (3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526a(i)(1) of this title, may not exceed 15 at any one time. (4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of— (A) such increase; and (B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.. (b) Authority after December 31, 2022 Section 526a of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Transfer of authorizations among the military services (1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. (3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time. (4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of— (A) such increase; and (B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.. 502. Time in grade requirements Section 619(a) of title 10, United States Code, is amended— (1) in paragraph (2), by striking paragraph (4) and inserting paragraph (5) ; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the following new paragraph: (4) When the needs of the service require, the Secretary of the military department concerned may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies.. 503. Authority to vary number of Space Force officers considered for promotion to major general (a) In general Notwithstanding section 616(d) of title 10, United States Code, the number of officers recommended for promotion by a selection board convened by the Secretary of the Air Force under section 611(a) of title 10, United States Code, to consider officers on the Space Force active duty list for promotion to major general may not exceed the number equal to 95 percent of the total number of brigadier generals eligible for consideration by the board. (b) Termination The authority provided under subsection (a) shall terminate on December 31, 2022. 504. Seaman to Admiral-21 program: credit towards retirement (a) Credit For each participant in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 for whom the Secretary of the Navy cannot find evidence of an acknowledgment that, before entering a baccalaureate degree program, service during the baccalaureate degree program would not be included when computing years of service for retirement, the Secretary shall include service during the baccalaureate degree program when computing— (1) years of service; and (2) retired or retainer pay. (b) Report required The Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the number of participants credited with service under subsection (a). (c) Deadline The Secretary shall carry out this section not later than 180 days after the date of the enactment of this Act. 505. Independent assessment of retention of female surface warfare officers (a) In general The Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center independent of the Department of Defense to conduct research and analysis on the gender gap in retention of surface warfare officers in the Navy. (b) Elements The research and analysis conducted under subsection (a) shall include consideration of the following: (1) Demographics of surface warfare officers, disaggregated by gender, including— (A) race; (B) ethnicity; (C) socioeconomic status; (D) marital status (including whether the spouse is a member of the Armed Forces and, if so, the length of service of such spouse); (E) whether the officer has children (including number and age or ages of children); (F) whether an immediate family member serves or has served as a member of the Armed Forces; and (G) the percentage of such officers who— (i) indicate an intent to complete only an initial service agreement; and (ii) complete only an initial service agreement. (2) Whether there is a correlation between the number of female surface warfare officers serving on a vessel and responses of such officers to command climate surveys. (3) An anonymous but traceable study of command climate results to— (A) correlate responses from particular female surface warfare officers with resignation; and (B) compare attitudes of first-tour and second-tour female surface warfare officers. (4) Recommendations based on the findings under paragraphs (1), (2), and (3). (c) Reports (1) In general Not later than 270 days after the date on which a nonprofit entity or federally funded research and development center enters into an agreement under subsection (a) with the Secretary of Defense, such entity or center shall submit to the Secretary of Defense a report on the results of the research and analysis under subsection (a). (2) Submission to Congress Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees each of the following: (A) A copy of the report submitted under paragraph (1) without change. (B) Any comments, changes, recommendations, or other information provided by the Secretary of Defense relating to the research and analysis under subsection (a) and contained in such report. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N) (a) In general The Secretary of the Air Force shall submit to the congressional defense committees a report on personnel performing the duties of a Nuclear and Missile Operations Officer (13N)— (1) not later than 90 days after the date of the enactment of this Act; and (2) concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to section 1105(a) of title 31, United States Code. (b) Elements Each report required by subsection (a) shall include the following: (1) The number of Nuclear and Missile Operations Officers commissioned, by commissioning source, during the most recent fiscal year that ended before submission of the report. (2) A description of the rank structure and number of such officers by intercontinental ballistic missile operational group during that fiscal year. (3) The retention rate of such officers by intercontinental ballistic missile operational group during that fiscal year and an assessment of reasons for any loss in retention of such officers. (4) A description of the rank structure and number of officers by intercontinental ballistic missile operational group performing alert duties by month during that fiscal year. (5) A description of the structure of incentive pay for officers performing 13N duties during that fiscal year. (6) A personnel manning plan for managing officers performing alert duties during the period of five fiscal years after submission of the report. (7) A description of methods, with metrics, to manage the transition of Nuclear and Missile Operations Officers, by intercontinental ballistic missile operational group, to other career fields in the Air Force. (8) Such other matters as the Secretary considers appropriate to inform the congressional defense committees with respect to the 13N career field during the period of five to ten fiscal years after submission of the report. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences Section 2036(g)(2) of title 10, United States Code, is amended— (1) by redesignating subparagraphs (J) through (M) as subparagraphs (K) through (N), respectively; and (2) by inserting after subparagraph (I) the following new subparagraph: (J) quantum information sciences;. 512. Prohibition on private funding for interstate deployment of National Guard (a) Prohibition Chapter 3 of title 32, United States Code, is amended by adding at the end the following new section: 329. Prohibition on private funding for interstate deployment A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ).. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 329. Prohibition on private funding for interstate deployment.. 329. Prohibition on private funding for interstate deployment A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). 513. Access to Tour of Duty system (a) Access (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device. (2) Exception The Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States. (b) Tour of Duty system defined In this Act, the term Tour of Duty system means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as Tour of Duty , or any successor to such system. 514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard Not later than September 30, 2022, the Secretary of Defense shall implement recommendations of the Secretary described in section 519C(a)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). 515. Continued National Guard support for FireGuard program Until September 30, 2026, the Secretary of Defense shall continue to support the FireGuard program with personnel of the California National Guard to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires. 516. Enhancement of National Guard Youth Challenge Program (a) Authority During fiscal year 2022, the Secretary of Defense may provide assistance to a National Guard Youth Challenge Program of a State— (1) in addition to assistance under subsection (d) of section 509 of title 32, United States Code; (2) that is not subject to the matching requirement under such subsection; and (3) for— (A) new program start-up costs; or (B) a workforce development program. (b) Limitations (1) Matching The Secretary may not provide additional assistance under this section to a State that does not comply with the fund matching requirement under such subsection regarding assistance under such subsection. (2) Total assistance Total assistance under this section to all States may not exceed $5,000,000 of the funds appropriated for the National Guard Youth Challenge Program for fiscal year 2022. (c) Reporting Any assistance provided under this section shall be included in the annual report under subsection (k) of section 509 of such title. 517. Report on methods to enhance support from the reserve components in response to catastrophic incidents (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the appropriate congressional committees a report that includes— (1) a detailed examination of the policy framework for the reserve components, consistent with existing authorities, to provide support to other Federal agencies in response to catastrophic incidents; (2) identify major statutory or policy impediments to such support; and (3) recommendations for legislation as appropriate. (b) Contents The report submitted under this section shall include a description of— (1) the assessment of the Secretary, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding— (A) the sufficiency of current authorities for the reimbursement of reserve component personnel during catastrophic incidents under title 10 and title 32, United States Code; and (B) specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or use of such authorities degrades the effectiveness of the Disaster Relief Fund; (2) the plan of the Secretary to ensure there is parallel and consistent policy in the application of the authorities granted under section 12304a of title 10, United States Code, and section 502(f) of title 32, United States Code, including— (A) a description of the disparities between benefits and protections under Federal law versus State active duty; (B) recommended solutions to achieve parity at the Federal level; and (C) recommended changes at the State level, if appropriate; (3) the plan of the Secretary to ensure there is parity of benefits and protections for members of the Armed Forces employed as part of the response to catastrophic incidents under title 32 or title 10, United States Code, and recommendations for addressing shortfalls; and (4) a review, by the Federal Emergency Management Agency, of the current policy for, and an assessment of the sufficiency of, reimbursement authority for the use of the reserve components, both to the Department of Defense and to the States, during catastrophic incidents, including any policy and legal limitations, and cost assessment impact on Federal funding. (c) Definitions In this section: (1) The term appropriate congressional committees means the following: (A) The congressional defense committees; (B) The Committee on Homeland Security of the House of Representatives. (C) The Committee on Homeland Security and Governmental Affairs of the Senate. (D) The Committee on Transportation and Infrastructure of the House of Representatives. (E) The Committee on Commerce, Science, and Transportation of the Senate. (2) The term catastrophic incident has the meaning given that term in section 501 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 6 U.S.C. 311 ). 518. Study on reapportionment of National Guard force structure based on domestic responses (a) Study The Secretary of Defense shall conduct a study to determine whether to reapportion the current force structure of the National Guard based on wartime and domestic response requirements. The study shall include the following elements: (1) An assessment of how domestic response missions affect recruitment and retention of qualified personnel, especially in States— (A) with the lowest ratios of National Guard members to the general population; and (B) that are most prone to natural disasters. (2) An assessment of how domestic response missions affect the ability of the National Guard of a State to ability to staff, equip, and ready a unit for its Federal missions. (3) A comparison of the costs of a response to a domestic incident in a State with— (A) units of the National Guard of such State; and (B) units of the National Guards of other States pursuant to an emergency management assistance compact. (4) Based on the recommendations in the 2021 report of the National Guard Bureau titled Impact of U.S. Population Trends on National Guard Force Structure , an assessment of— (A) challenges to recruiting members of the National Guard; (B) allocating mission sets to other geographic regions; (C) the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements; (D) the availability of training ranges for Federal missions; (E) the availability of transportation and other support infrastructure; and (F) the cost of operation in each State. (5) In light of the limited authority of the President under section 104(c) of title 32, United States Code, an assessment of whether the number of members of the National Guard is sufficient to reapportion force structure to meet the requirements of domestic responses and shifting populations. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under subsection (a). (c) State defined In this section, the term State includes the various States and Territories, the Commonwealth of Puerto Rico, and the District of Columbia. 519. Briefing on Junior Reserve Officers’ Training Corps program Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the Junior Reserve Officers’ Training Corps programs of each Armed Force. The briefing shall include— (1) an assessment of the current usage of the program, including the number of individuals enrolled in the program, the demographic information of individuals enrolled in the program, and the number of units established under the program; (2) a description of the efforts of the Armed Forces to meet current enrollment targets for the program; (3) an explanation of the reasons such enrollment targets have not been met, if applicable; (4) a description of any obstacles preventing the Armed Forces from meeting such enrollment targets; (5) a comparison of the potential benefits and drawbacks of expanding the program; and (6) a description of program-wide diversity and inclusion recruitment and retention efforts. 521. Reduction in service commitment required for participation in career intermission program of a military department Section 710(c)(3) of title 10, United States Code, is amended by striking two months and inserting one month. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall take the following steps regarding military accessions in each Armed Force under the jurisdiction of the Secretary of a military department: (1) Assess the prescribed medical standards for appointment as an officer, or enlistment as a member, in such Armed Force. (2) Determine how to update the medical screening processes for appointment or enlistment. (3) Determine how to standardize operations across the military entrance processing stations. (4) Determine how to improve aptitude testing methods and standardized testing requirements. (5) Determine how to improve the waiver process for individuals who do not meet medical standards for accession. (6) Determine, by reviewing data from calendar years 2017 through 2021, whether military accessions (including such accessions pursuant to waivers) vary, by geographic region. (7) Determine, by reviewing data from calendar years 2017 through 2021, whether access to military health records has suppressed the number of such military accessions, authorized Secretaries of the military departments, by— (A) children of members of such Armed Forces; (B) retired members of such Armed Forces; or (C) recently separated members of such Armed Forces. (8) Implement improvements determined under paragraphs (1) through (7). (b) Briefing Not later than one year after the date of the enactment of this Act, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on the results of carrying out this section and recommendations regarding legislation the Secretary determines necessary to improve such military accessions. 523. Notice program relating to options for naturalization (a) Upon enlistment The Secretary of each military department shall prescribe regulations that ensure that a military recruit, who is not a citizen of the United States, receives proper notice of options for naturalization under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) Such notice shall inform the recruit of existing programs or services that may aid in the naturalization process of such recruit. (b) Upon separation The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall provide to a member of the Armed Forces who is not a citizen of the United States, upon separation of such member, notice of options for naturalization under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) Such notice shall inform the member of existing programs or services that may aid in the naturalization process of such member. 524. Appeals to Physical Evaluation Board determinations of fitness for duty Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall incorporate a formal appeals process (including timelines established by the Secretary of Defense) into the policies and procedures applicable to the implementation of the Integrated Disability Evaluation System of the Department of Defense. The appeals process shall include the following: (1) The Secretary concerned shall ensure that a member of the Armed Forces may submit a formal appeal made with respect to determinations of fitness for duty to a Physical Evaluation Board of such Secretary. (2) The appeals process shall include, at the request of such member, an impartial hearing on a fitness for duty determination to be conducted by the Secretary concerned. (3) Such member shall have the option to be represented at a hearing by legal counsel. 525. Command oversight of military privatized housing as element of performance evaluations (a) Evaluations in general Each Secretary of a military department shall ensure that the performance evaluations of any individual described in subsection (b) under the jurisdiction of such Secretary provides for an assessment of the extent to which such individual has or has not exercised effective oversight and leadership in the following: (1) Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. (2) Addressing concerns with respect to such housing of members of the Armed Forces and their families who reside in such housing on an installation of the military department concerned. (b) Covered individuals The individuals described in this subsection are as follows: (1) The commander of an installation of a military department at which on-installation housing is managed by a landlord of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. (2) Each officer or senior enlisted member of the Armed Forces at an installation described in paragraph (1) whose duties include facilities or housing management at such installation. (3) Any other officer or enlisted member of the Armed Forces (whether or not at an installation described in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section. 526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States (a) Study; report Not later than September 30, 2022, the Secretary of Defense shall— (1) conduct a feasibility study regarding the establishment of a standard record of housing history for members of the Armed Forces who reside in covered housing; and (2) submit to the appropriate congressional committees a report on the results of such study. (b) Contents A record described in subsection (a) includes, with regards to each period during which the member concerned resided in covered housing, the following: (1) The assessment of the commander of the military installation in which such housing is located, of the condition of such covered housing— (A) prior to the beginning of such period; and (B) in which the member concerned left such covered housing upon vacating such covered housing. (2) Contact information a housing provider may use to inquire about such a record. (c) Online access A record described in subsection (a) would be accessible through a website, maintained by the Secretary of the military department concerned, through which a member of the Armed Forces under the jurisdiction of such Secretary may access such record of such member. (d) Issuance The Secretary concerned would issue a copy of a described in subsection (a) to the member concerned upon the separation, retirement, discharge, or dismissal of such member from the Armed Forces, with the DD Form 214 for such member. (e) Definitions In this section: (1) The term appropriate congressional committees means the following: (A) The Committee on Armed Services of the House of Representatives. (B) The Committee on Armed Services of the Senate. (C) The Committee on Transportation and Infrastructure of the House of Representatives. (D) The Committee on Commerce, Science, and Transportation of the Senate. (2) The term covered housing means housing provided by the United States to a member of the Armed Forces. 527. Enhancements to national mobilization exercises (a) Inclusion of processes of Selective Service System Section 10208 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) (1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every five years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for induction of personnel into the armed forces under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), and submit to Congress a report on the results of this exercise and evaluation. The report may be submitted in classified form. (2) The exercise under this subsection— (A) shall include a review of national mobilization strategic and operational concepts; and (B) shall include a simulation of a mobilization of all armed forces and reserve units, with plans and processes for incorporating Selective Service System inductees.. (b) Briefing; report (1) Briefing Not later than 180 days after the date on which the Secretary of Defense conducts the first mobilization exercise under section 10208 of title 10, United States Code, after the date of the enactment of this Act, the Secretary shall provide to the Committees of Armed Services of the Senate and House of Representatives a briefing on— (A) the status of the review and assessments conducted pursuant to subsection (c) of such section, as added by subsection (a); and (B) any interim recommendations of the Secretary. (2) Report Not later than two years after the date on which the Secretary conducts the first mobilization exercise as described in paragraph (1), the Secretary shall submit to the Committees of Armed Services of the Senate and House of Representatives a report that contains the following: (A) A review of national mobilization strategic and operational concepts. (B) A simulation of a mobilization of all Armed Forces and reserve units, with plans and processes for incorporating Selective Service System inductees. (C) An assessment of the Selective Service system in the current organizational form. (D) An assessment of the Selective Service System as a peace-time registration system. (E) Recommendations with respect to the challenges, opportunities, cost, and timelines regarding the assessments described in subparagraphs (C) and (D). 528. Temporary exemption from end strength grade restrictions for the Space Force (a) Exemption Sections 517 and 523 of title 10, United States Code, shall not apply to the Space Force until January 1, 2023. (b) Submittal Not later than April 1, 2022, the Secretary of the Air Force shall establish and submit to the Committees on Armed Services for the Senate and House of Representatives for inclusion in the National Defense Authorization Act for fiscal year 2023, the number of officers who— (1) may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel; and (2) may not, as of the end of such fiscal year, exceed a number determined in accordance with section 523(a)(1) of such title. 529. Report on exemptions and deferments for a possible military draft Not later than 120 days after the date of the enactment of this Act, the Director of the Selective Service System, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall submit to Congress a report providing a review of exemptions and deferments from registration, training, and service under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ). 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service (a) Report required Not later than 180 days after the date of the enactment of this Act, the Director of the Selective Service System shall submit to the appropriate committees of Congress a report setting forth the results of a review of the processes and procedures employed by agencies across the Federal Government for the appeal by individuals of a denial of status or benefits under Federal law for failure to register for selective service under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ). (b) Consultation The Director of the Selective Service System shall carry out this section in consultation with the Secretary of Homeland Security, the Secretary of Education, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies. (c) Elements The report required by subsection (a) shall include the following: (1) A description and assessment of the various appeals processes and procedures described in subsection (a), including— (A) a description of such processes and procedures; and (B) an assessment of— (i) the adequacy of notice provided for appeals under such processes and procedures; (ii) the fairness of each such process and procedure; (iii) the ease of use of each such process and procedure; (iv) consistency in the application of such processes and procedures across the Federal Government; and (v) the applicability of an appeal granted by one Federal agency under such processes and procedures to the actions and decisions of another Federal agency on a similar appeal. (2) Information on the number of waivers requested, and the number of waivers granted, during the 15-year period ending on the date of the enactment of this Act in connection with denial of status or benefits for failure to register for selective service. (3) An analysis and assessment of the recommendations of the National Commission on Military, National, and Public Service for reforming the rules and policies concerning failure to register for selective service. (4) Such recommendations for legislative or administrative action as the Director of the Selective Service System, and the consulting officers pursuant to subsection (b), consider appropriate in light of the review conducted pursuant to subsection (a). (5) Such other matters in connection with the review conducted pursuant to subsection (a) as the Director considers appropriate. (d) Appropriate committees of Congress defined In this section, the term appropriate committee of Congress means— (1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives. 529B. Study and report on administrative separation boards (a) In general The Comptroller General of the United States shall conduct a study on the use of administrative separation boards within the Armed Forces. (b) Elements The study under subsection (a) shall evaluate— (1) the process each Armed Force uses to convene administrative separation boards, including the process used to select the board president, the recorder, the legal advisor, and board members; and (2) the effectiveness of the operations of such boards. (c) Report Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a). 531. Special trial counsel (a) In general Subchapter V of chapter 47 of title 10, United States Code, is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section: 824a. Art 24a. Special trial counsel (a) Detail of special trial counsel Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel. (b) Qualifications A special trial counsel shall be a commissioned officer who— (1) (A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and (B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by— (i) the Judge Advocate General of the armed force of which the officer is a member; or (ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and (2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7. (c) Duties and authorities (1) In general Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation. (2) Determination of covered offense; related charges (A) Authority A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. (B) Known and related offenses If a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. (3) Dismissal; referral; plea bargains Subject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter— (A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; (B) refer the charges and specifications for trial by a special or general court-martial; (C) enter into a plea agreement; and (D) determine if an ordered rehearing is impracticable. (4) Binding determination The determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. (5) Deferral to commander or convening authority If a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial.. (b) Table of sections amendment The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 824 (article 24) the following new item: 824a. Art 24a. Special trial counsel.. (c) Report required (1) In general Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plan of the Secretary for detailing officers to serve as special trial counsel pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by subsection (a) of this section). (2) Elements Each report under paragraph (1) shall include the following— (A) The plan of the Secretary concerned— (i) for staffing billets for— (I) special trial counsel who meet the requirements set forth in section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by subsection (a) of this section); and (II) defense counsel for cases involving covered offenses; and (ii) for supporting and ensuring the continuing professional development of military justice practitioners. (B) An estimate of the resources needed to implement such section 824a (article 24a). (C) An explanation of other staffing required to implement such section 824a (article 24a), including staffing levels required for military judges, military magistrates, military defense attorneys, and paralegals and other support staff. (D) A description of how the use of special trial counsel will affect the military justice system as a whole. (E) A description of how the Secretary concerned plans to place appropriate emphasis and value on litigation experience for judge advocates in order to ensure judge advocates are experienced, prepared, and qualified to handle covered offenses, both as special trial counsel and as defense counsel. Such a description shall address promotion considerations and explain how the Secretary concerned plans to instruct promotion boards to value litigation experience. (F) Any additional resources, authorities, or information that each Secretary concerned deems relevant or important to the implementation of the requirements of this title. (3) Definitions In this subsection— (A) The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code. (B) The term covered offense has the meaning given that term in section 801(17) of title 10, United States Code (as added by section 533 of this part). 824a. Art 24a. Special trial counsel (a) Detail of special trial counsel Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel. (b) Qualifications A special trial counsel shall be a commissioned officer who— (1) (A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and (B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by— (i) the Judge Advocate General of the armed force of which the officer is a member; or (ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and (2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7. (c) Duties and authorities (1) In general Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation. (2) Determination of covered offense; related charges (A) Authority A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. (B) Known and related offenses If a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. (3) Dismissal; referral; plea bargains Subject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter— (A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; (B) refer the charges and specifications for trial by a special or general court-martial; (C) enter into a plea agreement; and (D) determine if an ordered rehearing is impracticable. (4) Binding determination The determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. (5) Deferral to commander or convening authority If a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial. 532. Policies with respect to special trial counsel (a) In general Chapter 53 of title 10, United States Code, is amended by inserting after section 1044e the following new section: 1044f. Policies with respect to special trial counsel (a) Policies required The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall— (1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; (2) provide for the appointment of one lead special trial counsel, who shall— (A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; (B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and (C) report directly to the Secretary concerned, without intervening authority; (3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office— (A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and (B) conduct assigned activities free from unlawful or unauthorized influence or coercion; (4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and (5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. (b) Uniformity The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure. (c) Military service defined In this section, the term military service means the Army, Navy, Air Force, Marine Corps, and Space Force.. (b) Clerical amendment The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1044e the following new item: 1044f. Policies with respect to special trial counsel.. (c) Quarterly briefing Beginning not later than 180 days after the date of the enactment of this Act, and at the beginning of each fiscal quarter thereafter until the policies established pursuant to section 1044f(a) of title 10, United States Code (as added by subsection (a)) and the mechanisms and procedures to which they apply are fully implemented and operational, the Secretary of Defense and the Secretaries of the military departments shall jointly provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing detailing the actions taken and progress made by the Office of the Secretary of Defense and each of the military departments in meeting the milestones established as required by such section. 1044f. Policies with respect to special trial counsel (a) Policies required The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall— (1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; (2) provide for the appointment of one lead special trial counsel, who shall— (A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; (B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and (C) report directly to the Secretary concerned, without intervening authority; (3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office— (A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and (B) conduct assigned activities free from unlawful or unauthorized influence or coercion; (4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and (5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. (b) Uniformity The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure. (c) Military service defined In this section, the term military service means the Army, Navy, Air Force, Marine Corps, and Space Force. 533. Definition of military magistrate, covered offense, and special trial counsel Section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended— (1) by inserting after paragraph (10) the following new paragraph: (11) The term military magistrate means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a). ; and (2) by adding at the end the following new paragraphs: (17) The term covered offense means— (A) an offense under section 917a (article 117a), section 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 925 (article 125), section 928b (article 128b), section 930 (article 130), section 932 (article 132), or the standalone offense of child pornography punishable under section 934 (article 134) of this title; (B) a conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81); (C) a solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82); or (D) an attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80). (18) The term special trial counsel means a judge advocate detailed as a special trial counsel in accordance with section 824a of this title (article 24a) and includes a judge advocate appointed as a lead special trial counsel pursuant to section 1044f(a)(2) of this title.. 534. Clarification relating to who may convene courts-martial (a) General courts-martial Section 822(b) of title 10, United States Code (article 22(b) of the Uniform Code of Military Justice), is amended— (1) by striking If any and inserting (1) If any ; and (2) by adding at the end the following new paragraph: (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.. (b) Special courts-martial Section 823(b) of title 10, United States Code (article 23(b) of the Uniform Code of Military Justice), is amended— (1) by striking If any and inserting (1) If any ; and (2) by adding at the end the following new paragraph: (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.. 535. Detail of trial counsel Section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: (e) For each general and special court-martial for which charges and specifications were referred by a special trial counsel— (1) a special trial counsel shall be detailed as trial counsel; and (2) a special trial counsel may detail other trial counsel as necessary who are judge advocates.. 536. Preliminary hearing (a) Detail of hearing officer; waiver Subsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended— (1) in subparagraph (A), by striking hearing officer and all that follows through the period at the end and inserting hearing officer detailed in accordance with subparagraph (C). ; (2) in subparagraph (B), by striking written waiver and all that follows through the period at the end and inserting the following: written waiver to— (i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and (ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with section 824a of this title (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required. ; and (3) by adding at the end the following new subparagraph: (C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer. (ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.. (b) Report of preliminary hearing officer Subsection (c) of such section is amended— (1) in the heading, by inserting or special trial counsel after convening authority ; and (2) in the matter preceding paragraph (1) by striking to the convening authority and inserting to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel,. 537. Advice to convening authority before referral for trial Section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended— (1) in subsection (a)(1), by striking Before referral and inserting Subject to subsection (c), before referral (2) in subsection (b), by striking Before referral and inserting Subject to subsection (c), before referral ; (3) by redesignating subsections (c) and (d) as subsections (d) and (e) respectively; (4) by inserting after subsection (b) the following new subsection: (c) Covered offenses A referral to a general or special court-martial for trial of charges and specifications over which a special trial counsel exercises authority may only be made— (1) by a special trial counsel, subject to a special trial counsel’s written determination accompanying the referral that— (A) each specification under a charge alleges an offense under this chapter; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense; or (2) in the case of charges and specifications that do not allege a covered offense and as to which a special trial counsel declines to prefer or, in the case of charges and specifications preferred by a person other than a special trial counsel, refer charges, by the convening authority in accordance with this section. ; and (5) in subsection (e), as so redesignated, by inserting or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 824a of this title (article 24a), a special trial counsel, after convening authority. 538. Former jeopardy Section 844(c) of title 10, United States Code (article 44(c) of the Uniform Code of Military Justice), is amended by inserting or the special trial counsel after the convening authority each place it appears. 539. Plea agreements (a) Authority to enter into agreements Subsection (a) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), is amended— (1) in paragraph (1), by striking At any time and inserting Subject to paragraph (3), at any time ; and (2) by adding at the end the following new paragraph: (3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).. (b) Binding effect Subsection (d) of such section (article) is amended by inserting after parties the following: (including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3)). 539A. Determinations of impracticability of rehearing (a) Transmittal and review of records Section 865(e)(3)(B) of title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of Military Justice), is amended— (1) by striking impractical.—If the Judge Advocate General and inserting the following: impracticable.— (i) In general Subject to clause (ii), if the Judge Advocate General ; (2) by striking impractical and inserting impracticable ; and (3) by adding at the end the following new clause: (ii) Cases referred by special trial counsel If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (b) Courts of criminal appeals Section 866(f)(1)(C) of title 10, United States Code (article 66(f)(1)(C) of the Uniform Code of Military Justice), is amended— (1) by striking impracticable.—If the Court of Criminal Appeals and inserting the following: “ Impracticable.— (i) In general Subject to clause (ii), if the Court of Criminal Appeals ; and (2) by adding at the end the following new clause: (ii) Cases referred by special trial counsel If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (c) Review by the court of appeals for the armed forces Section 867(e) of title 10, United States Code (article 67(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: Notwithstanding the preceding sentence, if a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (d) Review by Judge Advocate General Section 869(c)(1)(D) of title 10, Untied States Code (article 69(c)(1)(D) of the Uniform Code of Military Justice), is amended— (1) by striking If the Judge Advocate General and inserting (i) Subject to clause (ii), if the Judge Advocate General ; (2) by striking impractical and inserting impracticable ; and (3) by adding at the end the following new clause: (ii) If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. 539B. Applicability to the United States Coast Guard The Secretary of Defense shall consult and enter into an agreement with the Secretary of Homeland Security to apply the provisions of this part and the amendments made by this part, and the policies, mechanisms, and processes established pursuant to such provisions, to the United States Coast Guard when it is operating as a service in the Department of Homeland Security. 539C. Effective date (a) In general Except as provided in subsection (b), the amendments made by this part shall take effect on the date that is two years after the date of the enactment of this Act and shall apply with respect to offenses that occur after that date. (b) Regulations (1) Requirement The President shall prescribe regulations to carry out this part not later than two years after the date of the enactment of this Act. (2) Impact of delay of issuance If the President does not prescribe the regulations necessary to carry out this part before the date that is two years after the date of the enactment of this Act, the amendments made by this part shall take effect on the date on which such regulations are prescribed and shall apply with respect to offenses that occur on or after that date. 539D. Inclusion of sexual harassment as general punitive article (a) In general Not later than 30 days after the date of the enactment of this Act, the President shall— (1) prescribe regulations establishing sexual harassment, as described in this section, as an offense punishable under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice); and (2) revise the Manual for Courts-Martial to include such offense. (b) Elements of offense The regulations and the revisions to the Manual for Courts-Martial required under subsection (a) shall provide that the required elements constituting the offense of sexual harassment are— (1) that the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature; (2) that such conduct was unwelcome; (3) that, under the circumstances, such conduct— (A) would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of that person’s job, pay, career, benefits, or entitlements; (B) would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements; or (C) was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and (4) that, under the circumstances, the conduct of the accused was— (A) to the prejudice of good order and discipline in the armed forces; (B) of a nature to bring discredit upon the armed forces; or (C) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. 539E. Sentencing reform (a) Article 53; findings and sentencing Section 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), is amended— (1) in subsection (b), by amending paragraph (1) to read as follows: (1) General and special courts-martial Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial. ; and (2) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death— (A) the members shall determine— (i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or (ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and (B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A). ; and (B) in paragraph (2), by striking the court-martial and inserting the military judge. (b) Article 53a; plea agreements Section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as amended by section 539 of this Act, is further amended— (1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) Acceptance of plea agreement Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that— (1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and (2) in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.. (c) Article 56; sentencing Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (C)(vii), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) the applicable sentencing parameters or sentencing criteria set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022. ; and (B) by striking paragraphs (2) through (4) and inserting the following new paragraphs: (2) Application of sentencing parameters in general and special courts-martial (A) Requirement to sentence within parameters Except as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall sentence the accused for that offense within the applicable parameter. (B) Exception The military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence. (3) Use of sentencing criteria in general and special courts-martial In a general or special court-martial in which the accused is convicted of an offense for which the President has established sentencing criteria pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense. (4) Offense-based sentencing in general and special courts-martial In announcing the sentence under section 853 of this title (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently. (5) Inapplicability to death penalty Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death. (6) Sentence of confinement for life without eligibility for parole (A) In general If an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole. (B) Term of confinement An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused's life unless— (i) the sentence is set aside or otherwise modified as a result of— (I) action taken by the convening authority or the Secretary concerned; or (II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter; (ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or (iii) the accused receives a pardon or another form of Executive clemency. ; and (4) in subsection (d)(1)— (A) in subparagraph (A), by striking or at the end; (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: (B) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the sentence is a result of an incorrect application of the parameter; or ; and (D) in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking , as determined in accordance with standards and procedures prescribed by the President. (d) Article 66; courts of criminal appeals Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 539A of this Act, is further amended— (1) in subsection (d)(1)(A), by striking the third sentence; and (2) by amending subsection (e) to read as follows: (e) Consideration of sentence (1) In general In considering a sentence on appeal, other than as provided in section 856(d) of this title (article 56(d)), the Court of Criminal Appeals may consider— (A) whether the sentence violates the law; (B) whether the sentence is inappropriately severe— (i) if the sentence is for an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022; or (ii) in the case of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, if the sentence is above the upper range of such sentencing parameter; (C) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, whether the sentence is a result of an incorrect application of the parameter; (D) whether the sentence is plainly unreasonable; and (E) in review of a sentence to death or to life in prison without eligibility for parole determined by the members in a capital case under section 853(c) of this title (article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President. (2) Record on appeal In an appeal under this subsection or section 856(d) of this title (article 56(d)), other than review under subsection (b)(2) of this section, the record on appeal shall consist of— (A) any portion of the record in the case that is designated as pertinent by any party; (B) the information submitted during the sentencing proceeding; and (C) any information required by rule or order of the Court of Criminal Appeals.. (e) Establishment of sentencing parameters and sentencing criteria (1) In general Not later than two years after the date of the enactment of this Act, the President shall prescribe regulations establishing sentencing parameters and sentencing criteria related to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), in accordance with this subsection. Such parameters and criteria— (A) shall cover sentences of confinement; and (B) may cover lesser punishments, as the President determines appropriate. (2) Sentencing parameters Sentencing parameters established under paragraph (1) shall— (A) identify a delineated sentencing range for an offense that is appropriate for a typical violation of the offense, taking into consideration— (i) the severity of the offense; (ii) the guideline or offense category that would apply to the offense if the offense were tried in a United States district court; (iii) any military-specific sentencing factors; (iv) the need for the sentencing parameter to be sufficiently broad to allow for individualized consideration of the offense and the accused; and (v) any other relevant sentencing guideline. (B) include no fewer than 5 and no more than 12 offense categories; (C) assign such offense under this chapter to an offense category unless the offense is identified as unsuitable for sentencing parameters under paragraph (4)(F)(ii); and (D) delineate the confinement range for each offense category by setting an upper confinement limit and a lower confinement limit. (3) Sentencing criteria Sentencing criteria established under paragraph (1) shall identify offense-specific factors the military judge should consider and any collateral effects of available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable sentencing parameter for a specific offense. (4) Military sentencing parameters and criteria board (A) In general There is established within the Department of Defense a board, to be known as the Military Sentencing Parameters and Criteria Board (referred to in this subsection as the Board ). (B) Voting members The Board shall have 5 voting members, as follows: (i) The 4 chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), except that, if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard may designate as a voting member a judge advocate of the Coast Guard with substantial military justice experience. (ii) A trial judge of the Navy, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Navy. (iii) A trial judge of the Marine Corps, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Marine Corps. (C) Nonvoting members The Chief Judge of the Court of Appeals for the Armed Forces, the Chairman of the Joint Chiefs of Staff, and the General Counsel of the Department of Defense shall each designate one nonvoting member of the Board. The Secretary of Defense may appoint one additional nonvoting member of the Board at the Secretary's discretion. (D) Chair and vice-chair The Secretary of Defense shall designate one voting member as chair of the Board and one voting member as vice-chair. (E) Voting requirement An affirmative vote of at least three members is required for any action of the Board under this subsection. (F) Duties of board The Board shall have the following duties: (i) As directed by the Secretary of Defense, the Board shall submit to the President for approval— (I) sentencing parameters for all offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) (other than offenses that the Board identifies as unsuitable for sentencing parameters in accordance with clause (ii)); and (II) sentencing criteria to be used by military judges in determining appropriate sentences for offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii). (ii) Identify each offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that is unsuitable for sentencing parameters. The Board shall identify an offense as unsuitable for sentencing parameters if— (I) the nature of the offense is indeterminate and unsuitable for categorization; and (II) there is no similar criminal offense under the laws of the United States or the laws of the District of Columbia. (iii) In developing sentencing parameters and criteria, the Board shall consider the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of title 10, United States Code (article 146(f)(2) of the Uniform Code of Military Justice). (iv) In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, reductions, forfeitures, and other lesser punishments authorized under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (v) The Board shall regularly— (I) review, and propose revision to, in consideration of comments and data coming to the Board's attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); and (II) submit to the President, through the Secretary of Defense, proposed amendments to the sentencing parameters and sentencing criteria, together with statements explaining the basis for the proposed amendments. (vi) The Board shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to the sentencing factors and policies set forth in this section. (vii) In fulfilling its duties and in exercising its powers, the Board shall consult authorities on, and individual and institutional representatives of, various aspects of the military criminal justice system. The Board may establish separate advisory groups consisting of individuals with current or recent experience in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and such other groups as the Board deems appropriate. (viii) The Board shall submit to the President, through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to sentencing proceedings and maximum punishments, together with statements explaining the basis for the proposed amendments. (f) Effective date The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act. (g) Repeal of secretarial guidelines on sentences for offenses committed under the Uniform Code of Military Justice Section 537 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed. 539F. Briefing and report on resourcing required for implementation (a) Briefing and report required (1) Briefing Not later than March 1, 2022, each Secretary concerned shall provide to the appropriate congressional committees a briefing that details the resourcing necessary to implement this subtitle and the amendments made by this subtitle. (2) Report On a date occurring after the briefing under paragraph (1), but not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report that details the resourcing necessary to implement this subtitle and the amendments made by this subtitle. (3) Form of briefing and report Each Secretary concerned may provide the briefing and report required under paragraphs (1) and (2) jointly, or separately, as determined appropriate by such Secretaries (b) Elements The briefing and report required under subsection (a) shall address the following: (1) The number of additional personnel and personnel authorizations (military and civilian) required by the Armed Forces to implement and execute the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (2) The basis for the number provided pursuant to paragraph (1), including the following: (A) A description of the organizational structure in which such personnel or groups of personnel are or will be aligned. (B) The nature of the duties and functions to be performed by any such personnel or groups of personnel across the domains of policy-making, execution, assessment, and oversight. (C) The optimum caseload goal assigned to the following categories of personnel who are or will participate in the military justice process: criminal investigators of different levels and expertise, laboratory personnel, defense counsel, special trial counsel, military defense counsel, military judges, and military magistrates. (D) Any required increase in the number of personnel currently authorized in law to be assigned to the Armed Force concerned. (3) The nature and scope of any contract required by the Armed Force concerned to implement and execute the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (4) The amount and types of additional funding required by the Armed Force concerned to implement the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (5) Any additional authorities required to implement the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (6) Any additional information the Secretary concerned determines is necessary to ensure the manning, equipping, and resourcing of the Armed Forces to implement and execute the provisions of this subtitle and the amendments made by this subtitle. (c) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. (2) The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military (a) Briefing required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the implementation of the recommendations set forth in the report of the Independent Review Commission on Sexual Assault in the Military titled Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military , and dated July 2, 2021. (b) Elements The briefing under subsection (a) shall address the following: (1) The status of the implementation of each recommendation, including— (A) whether, how, and to what extent the recommendation has been implemented; and (B) any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the implementation of the recommendation. (2) For each recommendation that has not been fully implemented or superseded by statute as of the date of the briefing, a description of any plan for the implementation of the recommendation, including identification of— (A) intermediate actions, milestone dates, and any expected completion date for implementation of the recommendation; and (B) any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the recommendation. 541. Rights of the victim of an offense under the Uniform Code of Military Justice Section 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice), is amended— (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: (8) The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.. 542. Conduct unbecoming an officer (a) In general Section 933 of title 10, United States Code (article 133 of the Uniform Code of Military Justice) is amended— (1) in the section heading, by striking and a gentleman ; and (2) by striking and a gentleman. (b) Clerical amendment The table of sections at the beginning of subchapter X of chapter 47 of such title is amended by striking the item relating to section 933 (article 133) and inserting the following new item: 933. 133. Conduct unbecoming an officer.. 543. Independent investigation of complaints of sexual harassment (a) In general Section 1561 of title 10, United States Code, is amended to read as follows: 1561. Complaints of sexual harassment: independent investigation (a) Action on complaints alleging sexual harassment A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. (b) Commencement of investigation To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— (1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and (2) advise the complainant of the commencement of the investigation. (c) Duration of investigation To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate. (d) Report on investigation To the extent practicable, a commanding officer or officer in charge shall— (1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. (e) Sexual harassment defined In this section, the term sexual harassment means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).. (b) Clerical amendment The table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by striking the item relating to section 1561 and inserting the following new item: 1561. Complaints of sexual harassment: independent investigation.. (c) Effective date The amendments made by subsections (a) and (b) shall— (1) take effect on the date that is two years after the date of the enactment of this Act; and (2) apply to any investigation of a formal complaint of sexual harassment (as defined in section 1561 of title 10, United States Code, as amended by subsection (a)) made on or after that date. (d) Regulations Not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall prescribe regulations providing for the implementation of section 1561 of title 10, United States Code, as amended by subsection (a). (e) Report on implementation Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the preparation of the Secretary to implement section 1561 of title 10, United States Code, as amended by subsection (a). 1561. Complaints of sexual harassment: independent investigation (a) Action on complaints alleging sexual harassment A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. (b) Commencement of investigation To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— (1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and (2) advise the complainant of the commencement of the investigation. (c) Duration of investigation To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate. (d) Report on investigation To the extent practicable, a commanding officer or officer in charge shall— (1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. (e) Sexual harassment defined In this section, the term sexual harassment means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article). 544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons (a) In general Chapter 80 of title 10, United States Code, is amended by inserting after section 1562 the following new section: 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense (a) Designation of responsible component The Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b). (b) Tracking of allegations The head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including— (1) that such an allegation has been reported and by whom; (2) the date of the report; (3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; (4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; (5) the entry of findings; (6) referral of such findings to a decisionmaker for review and action, as appropriate; (7) the outcome of final action; and (8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary. (c) Covered allegation of retaliation defined In this section, the term covered allegation of retaliation means an allegation of retaliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General or any other inspector general; (B) a military criminal investigative organization; (C) a commander or other person at the direction of the commander; (D) another military or civilian law enforcement organization; or (E) any other organization, officer, or employee of the Department of Defense.. (b) Clerical amendment The table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by inserting after the item relating to section 1562 the following new item: 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense.. 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense (a) Designation of responsible component The Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b). (b) Tracking of allegations The head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including— (1) that such an allegation has been reported and by whom; (2) the date of the report; (3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; (4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; (5) the entry of findings; (6) referral of such findings to a decisionmaker for review and action, as appropriate; (7) the outcome of final action; and (8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary. (c) Covered allegation of retaliation defined In this section, the term covered allegation of retaliation means an allegation of retaliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General or any other inspector general; (B) a military criminal investigative organization; (C) a commander or other person at the direction of the commander; (D) another military or civilian law enforcement organization; or (E) any other organization, officer, or employee of the Department of Defense. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial Section 549 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 806b note) is amended— (1) in the section heading, by striking alleged sexual assault and inserting alleged sex-related offense ; (2) by striking Under regulations and inserting Notwithstanding section 552a of title 5, United States Code, and under regulations ; (3) by striking alleged sexual assault and inserting an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code) ; and (4) by adding at the end the following new sentence: Upon such final determination, the commander shall notify the victim of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant. 546. Civilian positions to support Special Victims’ Counsel (a) Civilian support positions Each Secretary of a military department may establish one or more civilian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary. (b) Duties The duties of each position under subsection (a) shall be— (1) to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative support; and (2) to ensure the continuity of legal services and the preservation of institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to offices of the Special Victims’ Counsel. (c) Special Victims’ Counsel defined In this section, the term Special Victims’ Counsel means Special Victims’ Counsel described in section 1044e of title 10, United States Code, and in the case of the Navy and Marine Corps, includes counsel designated as Victims’ Legal Counsel. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law (a) Plan for document management system (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan pursuant to which the Secretary of Defense shall establish a single document management system for use by each Armed Force to collect and present information on matters within the military justice system, including information collected and maintained for purposes of section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice). (2) Elements The plan under subsection (a) shall meet the following criteria: (A) Consistency of data fields The plan shall ensure that each Armed Force uses consistent data collection fields, definitions, and other criteria for the document management system described in subsection (a). (B) Best practices The plan shall include a strategy for incorporating into the document management system the features of the case management and electronic case filing system of the Federal courts to the greatest extent possible. (C) Prospective application The plan shall require the document management system to be used for the collection and presentation of information about matters occurring after the date of the implementation of the system. The plan shall not require the collection and presentation of historical data about matters occurring before the implementation date of the system. (D) Resources The plan shall include an estimate of the resources (including costs, staffing, and other resources) required to implement the document management system. (E) Authorities The plan shall include an analysis of any legislative actions, including any changes to law, that may be required to implement the document management system for each Armed Force. (b) Plan for tracking pretrial information Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing how the Armed Forces will collect, track, and maintain pretrial records, data, and other information regarding the reporting, investigation, and processing of all offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), arising in any Armed Force in a manner such that each Armed Force uses consistent data collection fields, definitions, and criteria. (c) Plan for assessing effects of changes in law Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing the manner in which the Department of Defense will analyze the effects of the changes in law and policy required under subtitle D and the amendments made by such subtitle with respect to the disposition of offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by section 531 of this Act). (d) Interim briefings (1) In general Not less frequently than once every 90 days during the covered period, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall provide to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of the development of the plans required under subsections (a) through (c). (2) Covered period In this subsection, the term covered period means the period beginning on the date of the enactment of this Act and ending on the date that is one year after the date of the enactment of this Act. (e) Judge advocates specified The Judge Advocates specified in this subsection are the following: (1) The Judge Advocate General of the Army. (2) The Judge Advocate General of the Navy. (3) The Judge Advocate General of the Air Force. (4) The Staff Judge Advocate to the Commandant of the Marine Corps. (5) The Judge Advocate General of the Coast Guard. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown (a) Comprehensive review of missing persons reporting The Secretary of Defense shall instruct each Secretary of a military department to perform a comprehensive review of the policies and procedures of the military department concerned to determine and report a member of an Armed Force under the jurisdiction of such Secretary of a military department as missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (b) Review of installation-level procedures In addition to such other requirements as may be set forth by the Secretary of Defense pursuant to subsection (a), each Secretary of a military department shall, with regard to the military department concerned— (1) direct each commander of a military installation, including any tenant command or activity present on such military installation, to review policies and procedures for carrying out the determination and reporting activities described in subsection (a); and (2) update such installation-level policies and procedures, including any tenant command or activity policies and procedures, to improve force protection, enhance security for members living on the military installation, and promote reporting at the earliest practicable time to local law enforcement (at all levels) and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a member is determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (c) Installation-specific reporting protocols (1) In general Each commander of a military installation shall establish a protocol applicable to all persons and organizations present on the military installation, including tenant commands and activities, for sharing information with local and Federal law enforcement agencies about members who are missing, absent-unknown, absent without leave, or duty status-whereabouts unknown. The protocol shall provide for the immediate entry regarding the member concerned in the Missing Persons File of the National Crimes Information Center data and for the commander to immediately notify all local law enforcement agencies with jurisdictions in the immediate area of the military installation, when the status of a member assigned to such installation has been determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (2) Reporting to military installation command Each commander of a military installation shall submit the protocol established pursuant to paragraph (1) to the Secretary of the military department concerned. (d) Report regarding National Guard Not later than June 1, 2022, the Secretary of Defense shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report on the feasibility of implementing subsections (a), (b), and (c), with regards to facilities of the National Guard. Such report shall include recommendations of the Secretary, including a proposed timeline for implementing the provisions of such subsections that the Secretary determines feasible. 549. Activities to improve family violence prevention and response (a) Delegation of authority to authorize exceptional eligibility for certain benefits Paragraph (4) of section 1059(m) of title 10, United States Code, is amended to read as follows: (4) (A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated. (B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.. (b) Extension of requirement for annual Family Advocacy Program report regarding child abuse and domestic violence Section 574(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2141) is amended by striking April 30, 2021 and inserting April 30, 2026. (c) Implementation of Comptroller General recommendations (1) In general Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K). (A) Domestic abuse data Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following: (i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including— (I) data on the numbers and types of domestic abuse incidents involving members of the Armed Forces; and (II) data for inclusion in the reports required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2141). (ii) Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse. (iii) Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse. (B) Domestic violence and command action data Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall— (i) evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to— (I) eliminate gaps and redundancies in the activities of such organizations; (II) ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and (III) otherwise improve the tracking of such incidents and actions across the Department; (ii) based on the evaluation under clause (i), clarify or adjust— (I) the duties of such organizations and elements; and (II) the manner in which such organizations and elements coordinate their activities; and (iii) issue guidance to the Secretaries of the military departments to clarify and standardize the information required to be collected and reported to the database on domestic violence incidents under section 1562 of title 10, United States Code. (C) Regulations for violation of civilian orders of protection The Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (D) Agreements with civilian victim service organizations (i) Guidance required The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii). (ii) Contents of agreement A memorandum of understanding entered into under clause (i) shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that— (I) the services offered at the installation are insufficient to meet the victim’s needs; or (II) such a referral would otherwise benefit the victim. (E) Screening and reporting of initial allegations The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process— (i) to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident; and (ii) to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees. (F) Implementation and oversight of Incident Determination Committees (i) Implementation The Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force. (ii) Oversight and monitoring The Secretary of Defense shall— (I) direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and (II) establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces. (G) Reasonable suspicion standard for incident reporting Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations— (i) under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and (ii) that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i). (H) Guidance for victim risk assessment The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that— (i) identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and (ii) establishes minimum qualifications for the personnel responsible for using such tools. (I) Improving Family Advocacy Program awareness campaigns The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement— (i) a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and (ii) metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns. (J) Assessment of the disposition model for domestic violence As part of the independent analysis required by section 549C of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) the Secretary of Defense shall include an assessment of— (i) the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to— (I) the eligibility of victims for transitional compensation and other benefits; and (II) the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and (ii) the feasibility and advisability of establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model. (K) Family Advocacy Program training (i) Training for commanders and senior enlisted advisors The Secretary of Defense, in consultation with the Secretaries of the military departments, shall— (I) ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and (II) shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training. (ii) Training for chaplains The Secretary of Defense shall— (I) require that chaplains of the Armed Forces receive Family Advocacy Program training; (II) establish content requirements and learning objectives for such training; and (III) provide such additional guidance and sample training materials as may be necessary to effectively implement such training. (iii) Training completion data The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training. (2) General implementation date Except as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act. (3) Quarterly status briefing Not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph (1) have been implemented, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the implementation of such activities. (d) Information on services for military families Each Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following: (1) The Family Advocacy Program of the Armed Force or military department concerned. (2) Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect. (3) Other applicable victim services. (e) Reports on staffing levels for family advocacy programs (1) In general Not later than 180 days after the date on which the staffing tool described in paragraph (2) becomes operational, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following: (A) Military, civilian, and contract support staffing levels for the Family Advocacy Programs of the Armed Forces at each military installation so staffed as of the date of the report. (B) Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool. (2) Staffing tool described The staffing tool described in this paragraph is a tool that will be used to assist the Department in determining adequate staffing levels for Family Advocacy Programs. (3) Comptroller General review (A) In general Following the submission of the first annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review of the staffing of the Family Advocacy Programs of the Armed Forces. (B) Elements The review conducted under subparagraph (A) shall include an assessment of each of the following: (i) The extent to which the Armed Forces have filled authorized billets for Family Advocacy program manager, clinician, and victim advocate positions. (ii) The extent to which the Armed Forces have experienced challenges filling authorized Family Advocacy Program positions, and how such challenges, if any, have affected the provision of services. (iii) The extent to which the Department of Defense and Armed Forces have ensured that Family Advocacy Program clinicians and victim advocates meet qualification and training requirements. (iv) The extent to which the Department of Defense has established metrics to evaluate the effectiveness of the staffing tool described in paragraph (2). (C) Briefing and report (i) Briefing Not later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A). (ii) Report Not later than 90 days after the date of the briefing under clause (i), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subparagraph (A). (f) Study and briefing on initial entry points (1) Study The Secretary of Defense shall conduct a study to identify initial entry points (including anonymous entry points) through which military family members may seek information or support relating to domestic abuse or child abuse and neglect. Such study shall include an assessment of— (A) points at which military families interact with the Armed Forces or the Department of Defense through which such information or support may be provided to family members, including points such as enrollment in the Defense Enrollment Eligibility Reporting System, and the issuance of identification cards; and (B) other existing and potential routes through which such family members may seek information or support from the Armed Forces or the Department, including online chat rooms, text-based support capabilities, and software applications for smartphones. (2) Briefing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing setting forth the results of the study conducted under paragraph (1). (g) Definitions In this section: (1) The term appropriate congressional committees means the Committees on Armed Services of the Senate and the House of Representatives. (2) The term civilian order of protection has the meaning given that term in section 1561a of title 10, United States Code. (3) The term disposition model for domestic violence means the process to determine— (A) the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and (B) consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense. (4) The term Incident Determination Committee means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense. (5) The term qualified civilian victim service organization means an organization outside the Department of Defense that— (A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and (B) is located in a community surrounding a military installation. (6) The term risk assessment tool means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur. 549A. Annual primary prevention research agenda (a) In general Beginning on October 1, 2022, and annually on the first day of each fiscal year thereafter, the Secretary of Defense shall publish a Department of Defense research agenda for that fiscal year, focused on the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse. (b) Elements Each annual primary prevention research agenda published under subsection (a) shall— (1) identify research priorities for that fiscal year; (2) assign research projects and tasks to the military departments and other components of the Department of Defense, as the Secretary of Defense determines appropriate; (3) allocate or direct the allocation of appropriate resourcing for each such project and task; and (4) be directive in nature and enforceable across all components of the Department of Defense, including with regard to— (A) providing for timely access to records, data and information maintained by any component of the Department of Defense that may be required in furtherance of an assigned research project or task; (B) ensuring the sharing across all components of the Department of Defense of the findings and the outcomes of any research project or task; and (C) any other matter determined by the Secretary of Defense. (c) Guiding principles The primary prevention research agenda should, as determined by the Secretary of Defense— (1) reflect a preference for research projects and tasks with the potential to yield or contribute to the development and implementation of actionable primary prevention strategies in the Department of Defense; (2) be integrated, so as to discover or test cross-cutting interventions across the spectrum of interpersonal and self-directed violence; (3) incorporate collaboration with other Federal departments and agencies, State governments, academia, industry, federally funded research and development centers, non-profit organizations, and other organizations outside of the Department of Defense; and (4) minimize unnecessary duplication of effort. (d) Budgeting The Secretary of Defense shall create a unique Program Element for and shall prioritize recurring funding to ensure the continuity of research pursuant to the annual primary prevention research agenda. 549B. Primary prevention workforce (a) Establishment The Secretary of Defense shall establish a Primary Prevention Workforce to provide a comprehensive and integrated program across the Department of Defense enterprise for the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse. (b) Primary Prevention Workforce model (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a holistic model for a dedicated and capable Primary Prevention Workforce in the Department of Defense. (2) Elements The model required under paragraph (1) shall include the following elements: (A) A description of Primary Prevention Workforce roles, responsibilities, and capabilities, including— (i) the conduct of research and analysis; (ii) advising all levels of military commanders and leaders; (iii) designing and writing strategic and operational primary prevention policies and programs; (iv) integrating and analyzing data; and (v) implementing, evaluating, and adapting primary prevention programs and activities, to include developing evidence-based training and education programs for Department personnel that is appropriately tailored by rank, occupation, and environment. (B) The design and structure of the Primary Prevention Workforce, including— (i) consideration of military, civilian, and hybrid manpower options; (ii) the comprehensive integration of the workforce from strategic to tactical levels of the Department of Defense and its components; and (iii) mechanisms for individuals in workforce roles to report to and align with installation-level and headquarters personnel. (C) Strategies, plans, and systematic approaches for recruiting, credentialing, promoting, and sustaining the diversity of work force roles comprising a professional workforce dedicated to primary prevention. (D) The creation of a professional, primary prevention credential that standardizes a common base of education and experience across the prevention workforce, coupled with knowledge development and skill building requirements built into the career cycle of prevention practitioners such that competencies and expertise increase over time. (E) Any other matter the Secretary of Defense determines necessary and appropriate to presenting an accurate and complete model of the Primary Prevention Workforce. (c) Reports (1) In general Not later than one year after the date of the enactment of this Act, the Secretaries of the military departments and the Chief of the National Guard Bureau each shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing how the military services and the National Guard, as applicable, will adapt and implement the primary prevention workforce model set forth in the report required under subsection (b). (2) Elements Each report submitted under subsection (a) shall include a description of— (A) expected milestones to implement the prevention workforce in the component at issue; (B) challenges associated with implementation of the workforce and the strategies for addressing such challenges; and (C) additional authorities that may be required to optimize implementation and operation of the workforce. (d) Operating capability deadline The Primary Prevention Workforce authorized under this section shall attain initial operating capability in each military department and military service and in the National Guard by not later than the effective date specified in section 539C. 549C. Reform and improvement of military criminal investigative organizations (a) Evaluation and plan for reform Not later than one year after the date of the enactment of this Act, each Secretary concerned shall— (1) complete an evaluation of the effectiveness of the military criminal investigative organization under the jurisdiction of such Secretary: and (2) submit to the appropriate congressional committees a report that includes— (A) the results of the evaluation conducted under paragraph (1); and (B) based on such results, if the Secretary determines that reform to the military criminal investigative organization under the jurisdiction of such Secretary is advisable, a proposal for reforming such organization to ensure that the organization effectively meets the demand for complex investigations and other emerging mission requirements. (b) Implementation plan (1) In general Not later than two years after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a plan to implement, to the extent determined appropriate by such Secretary, the reforms to the military criminal investigative organization proposed by such Secretary under subsection (a) to ensure that such organization is capable of professionally investigating criminal misconduct under its jurisdiction. (2) Elements Each plan under paragraph (1) shall include, with respect to the military criminal investigative organization under the jurisdiction of the Secretary concerned, the following: (A) The requirements that such military criminal investigative organization must meet to effectively carry out criminal investigative and other law enforcement missions in 2022 and subsequent years. (B) The resources that will be needed to ensure that each such military criminal investigative organization can achieve its mission. (C) An analysis of factors affecting the performance of such military criminal investigate organization, including— (i) whether appropriate technological investigative tools are available and accessible to such organization; and (ii) whether the functions of such organization would be better supported by civilian rather than military leadership. (D) For each such military criminal investigative organization— (i) the number of military personnel assigned to the organization; (ii) the number of civilian personnel assigned to the organization; and (iii) the functions of such military and civilian personnel. (E) A description of any plans of the Secretary concerned to develop a more professional workforce of military and civilian investigators. (F) A proposed timeline for the reform of such military investigative organization. (G) An explanation of the potential benefits of such reforms, including a description of— (i) specific improvements that are expected to result from the reforms; and (ii) whether the reforms will improve information sharing across military criminal investigative organizations. (H) With respect to the military criminal investigative organization of the Army, an explanation of how the plan will— (i) address the findings of the report of the Fort Hood Independent Review Committee, dated November 6, 2020; and (ii) coordinate with any other internal reform efforts of the Army. (c) Limitation on the changes to training locations In carrying out this section, the Secretary concerned may not change the locations at which military criminal investigative training is provided to members of the military criminal investigative organization under the jurisdiction of such Secretary until— (1) the implementation plan under subsection (b) is submitted to the appropriate congressional committees; and (2) a period of 60 days has elapsed following the date on which the Secretary notifies the appropriate congressional committees of the Secretary’s intent to move such training to a different location. (d) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. (2) The term military criminal investigative organization means each organization or element of the Department of Defense or the Armed Forces that is responsible for conducting criminal investigations, including— (A) the Army Criminal Investigation Command; (B) the Naval Criminal Investigative Service; (C) the Air Force Office of Special Investigations; (D) the Coast Guard Investigative Service; and (E) the Defense Criminal Investigative Service. (3) The term Secretary concerned means— (A) the Secretary of the Army, with respect to the Army Criminal Investigation Command; (B) the Secretary of the Navy, with respect to the Naval Criminal Investigative Service; (C) the Secretary of the Air Force, with respect to the Air Force Office of Special Investigations; (D) the Secretary of Homeland Security, with respect to the Coast Guard Investigative Service; and (E) the Secretary of Defense, with respect to the Defense Criminal Investigative Service. 549D. Military defense counsel Each Secretary of a military department shall— (1) ensure that military defense counsel have timely and reliable access to and funding for defense investigators, expert witnesses, trial support, pre-trial and post-trial support, paralegal support, counsel travel, and other necessary resources; (2) ensure that military defense counsel detailed to represent a member of the Armed Forces accused of a covered offense (as defined in section 801(17) of title 10, United States Code (article 1(17) of the Uniform Code of Military Justice), as added by section 533 of this Act) are well-trained and experienced, highly skilled, and competent in the defense of cases involving covered offenses; and (3) take or direct such other actions regarding military defense counsel as may be warranted in the interest of the fair administration of justice. 549E. Full functionality of Military Justice Review Panel Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall establish or reconstitute, maintain, and ensure the full functionality of the Military Justice Review Panel established pursuant to section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice)). 549F. Military service independent racial disparity review (a) Review required Each Secretary of a military department shall conduct an assessment of racial disparity in military justice and discipline processes and military personnel policies, as they pertain to minority populations. (b) Report required Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Comptroller General of the United States a report detailing the results of the assessment required by subsection (a), together with recommendations for statutory or regulatory changes as the Secretary concerned determines appropriate. (c) Comptroller General report Not later than 180 days after receiving the reports submitted under subsection (b), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report comparing the military service assessments on racial disparity conducted under subsection (a) to existing reports assessing racial disparity in civilian criminal justice systems in the United States. (d) Definitions In this section: (1) Military justice; discipline processes The terms military justice and discipline processes refer to all facets of the military justice system, including investigation, the use of administrative separations and other administrative sanctions, non-judicial punishment, panel selection, pre-trial confinement, the use of solitary confinement, dispositions of courts-martial, sentencing, and post-trial processes. (2) Military personnel policies The term military personnel policies includes accession rates and policies, retention rates and policies, promotion rates, assignments, professional military education selection and policies, and career opportunity for minority members of the Armed Forces. (3) Minority populations The term minority populations includes Black, Hispanic, Asian/Pacific Islander, American Indian, and Alaska Native populations. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system (a) Annual reports on racial and ethnic demographics in the military justice system (1) In general Chapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section: 486. Annual reports on racial and ethnic demographics in the military justice system (a) In general Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. (b) Contents The report of a Secretary of a military department for an armed force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including— (1) the number of offenses in the armed force that were reported to military officials, disaggregated by— (A) statistical category as related to the victim; and (B) statistical category as related to the principal; (2) the number of offenses in the armed forces that were investigated, disaggregated by statistical category as related to the principal; (3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; (4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; (5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; (6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial; (7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and (8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. (c) Submission to Congress Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives. (e) Definitions In this section: (1) The term statistical category means each of the following categories: (A) race; (B) sex; (C) ethnicity; (D) rank; and (E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). (2) The term principal has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).. (2) Clerical amendment The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 485 the following new item: 486. Annual reports on racial and ethnic demographics in the military justice system.. (b) Policy required (1) Requirement Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy requiring information on the race and ethnicity of accused individuals to be included to the maximum extent practicable in the annual report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note). (2) Exclusion The policy prescribed under paragraph (1) may provide for the exclusion of such information based on privacy concerns, impacts on accountability efforts, or other matters of importance as determined and identified in such policy by the Secretary. (3) Publicly available The Secretary of Defense shall make publicly available the information described in paragraph (1), subject to the exclusion of such information pursuant to paragraph (2). (4) Sunset The requirements of this subsection shall terminate on May 1, 2028. 486. Annual reports on racial and ethnic demographics in the military justice system (a) In general Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. (b) Contents The report of a Secretary of a military department for an armed force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including— (1) the number of offenses in the armed force that were reported to military officials, disaggregated by— (A) statistical category as related to the victim; and (B) statistical category as related to the principal; (2) the number of offenses in the armed forces that were investigated, disaggregated by statistical category as related to the principal; (3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; (4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; (5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; (6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial; (7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and (8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. (c) Submission to Congress Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives. (e) Definitions In this section: (1) The term statistical category means each of the following categories: (A) race; (B) sex; (C) ethnicity; (D) rank; and (E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). (2) The term principal has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice). 549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims Section 584 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) Authorizations for DoD Safe Helpline (1) Providing support and receiving official reports DoD Safe Helpline (or any successor service to DoD Safe Helpline, if any, as identified by the Secretary of Defense) is authorized to provide crisis intervention and support and to perform the intake of official reports of sexual assault from eligible adult sexual assault victims who contact the DoD Safe Helpline or other reports as directed by the Secretary of Defense. (2) Training and oversight DoD Safe Helpline staff shall have specialized training and appropriate certification to support eligible adult sexual assault victims. (3) Eligibility and procedures The Secretary of Defense shall prescribe regulations regarding eligibility for DoD Safe Helpline services, procedures for providing crisis intervention and support, and accepting reports. (4) Electronic receipt of official reports of adult sexual assaults DoD Safe Helpline shall provide the ability to receive reports of adult sexual assaults through the DoD Safe Helpline website and mobile phone applications, in a secure manner consistent with appropriate protection of victim privacy, and may offer other methods of receiving electronic submission of adult sexual assault reports, as appropriate, in a manner that appropriately protects victim privacy. (5) Types of reports Reports of sexual assault from eligible adult sexual assault victims received by DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall include unrestricted and restricted reports, or other reports as directed by the Secretary of Defense. (6) Option for entry into the Catch a Serial Offender system An individual making a restricted report (or a relevant successor type of report or other type of appropriate report, as determined by the Secretary of Defense) to the DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall have the option to submit information related to their report to the Catch a Serial Offender system (or its successor or similar system as determined by the Secretary of Defense).. 549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces Section 1631(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note) is amended by striking through March 1, 2021 and inserting through March 1, 2026. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty (a) Study Beginning not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall initiate a personnel study to determine— (1) the feasibility and advisability of creating a military occupational speciality for Sexual Assault Response Coordinators; and (2) if determined to be feasible and advisable, the optimal approach to establishing and maintaining such a military occupational speciality. (b) Report and briefing (1) Report Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a). (2) Briefing Not later than 30 days after the date on which the report is submitted under paragraph (1), the Secretary of Defense shall provide to the congressional defense committees a briefing on the results of the study conducted under subsection (a). (c) Elements The report and briefing under subsection (b) shall include the following: (1) The determination of the Secretary of Defense as to whether creating a military occupational speciality for Sexual Assault Response Coordinators is feasible and advisable. (2) If the Secretary determines that the creation of such a specialty is feasible and advisable— (A) a recommendation on the rank and level of experience required for a military occupational speciality for Sexual Assault Response Coordinators; (B) recommendations for strengthening recruitment and retention of members of the Armed Forces of the required rank and experience identified under subparagraph (A), including recommendations with respect to— (i) designating Sexual Assault Response Coordinators as a secondary military occupational speciality instead of a primary military occupational speciality; (ii) providing initial or recurrent bonuses or duty stations of choice to members who qualify for the military occupational speciality for Sexual Assault Response Coordinators; (iii) limiting the amount of time that a member who has qualified for such military occupational speciality can serve as a Sexual Assault Response Coordinator in a given period; or (iv) requiring evaluations, completed by an officer in the rank of O–6 or higher, for members who have qualified for such military occupational speciality and are serving as a Sexual Assault Response Coordinator; (C) recommendations for standardizing training and education for members of the Armed Forces seeking a military occupational speciality for Sexual Assault Response Coordinators or those serving as a Sexual Assault Response Coordinator, including by establishing dedicated educational programs for such members within each Armed Force; (D) an analysis of the impact of a military occupational speciality for Sexual Assault Response Coordinators on the personnel management of the existing Sexual Assault Response Coordinator program, including recruitment and retention; (E) an analysis of the requirements for a Sexual Assault Response Coordinator-specific chain of command; (F) analysis of the costs of establishing and maintaining a military occupational speciality for Sexual Assault Response Coordinators; (G) analysis of the potential impacts of a military occupational specialty for Sexual Assault Response Coordinators on the mental health of personnel within the specialty; and (H) any other matters the Secretary of Defense determines relevant for inclusion. 549K. Amendments to additional Deputy Inspector General of the Department of Defense Section 554(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in the section heading, by striking Deputy and inserting Assistant ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking Secretary of Defense and inserting Inspector General of the Department of Defense ; and (ii) by striking Deputy and inserting Assistant ; (B) in subparagraph (A), by striking of the Department ; and (C) in subparagraph (B), by striking report directly to and serve and inserting be ; (3) in paragraph (2)— (A) in the matter preceding clause (i) of subparagraph (A)— (i) by striking Conducting and supervising and inserting Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of ; and (ii) by striking evaluations and inserting inspections, ; (B) in clause (ii) of subparagraph (A), by striking , including the duties of the Inspector General under subsection (b) ; and (C) in subparagraph (B), by striking Secretary or ; (4) in paragraph (3)(A) in the matter preceding subparagraph (A), by striking Deputy and inserting Assistant ; (5) in paragraph (4)— (A) in subparagraph (A), by striking Deputy each place it appears and inserting Assistant ; (B) in subparagraph (B)— (i) by striking Deputy the first place it appears; (ii) by striking and the Inspector General ; (iii) by striking Deputy the second place it appears and inserting Assistant ; and (iv) by inserting before the period at the end the following: , for inclusion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.). ; (C) in subparagraph (C)— (i) by striking Deputy ; and (ii) by striking and Inspector General ; (D) in subparagraph (D)— (i) by striking Deputy ; (ii) by striking and the Inspector General ; (iii) by striking Secretary or ; and (iv) by striking direct and inserting determine ; and (E) in subparagraph (E)— (i) by striking Deputy ; and (ii) by striking of the Department and all that follows through Representatives and inserting consistent with the requirements of the Inspector General Act of 1978 (5 U.S.C. App.).. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces Section 549 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 113 note) is amended— (1) in the section heading, by inserting and bullying after hazing ; (2) in subsection (a)— (A) in the heading, by inserting and anti-bullying after Anti-hazing ; and (B) by inserting or bullying after hazing both places it appears; (3) in subsection (b), by inserting and bullying after hazing ; and (4) in subsection (c)— (A) in the heading, by inserting and bullying after hazing ; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking January 31 of each year through January 31, 2021 and inserting May 31, 2023, and annually thereafter for five years, ; and (II) by striking each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary, and inserting the Secretary of Defense ; (ii) in subparagraph (A), by inserting or bullying after hazing ; and (iii) in subparagraph (C), by inserting and anti-bullying after anti-hazing ; and (C) in amending paragraph (2) to read as follows: (2) Additional elements Each report required by this subsection shall include the following: (A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces. (B) A description of processes of each Armed Force described in subsection (b) to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology each such Armed Force uses to categorize and count potential instances of hazing or bullying. (C) An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary. (D) An assessment by the Office of the Secretary of Defense of— (i) the effectiveness of each Armed Force described in subsection (b) in tracking and reporting instances of hazing or bullying; (ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year. (E) Recommendations of the Secretary to improve— (i) elements described in subparagraphs (A) through (D). (ii) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Armed Forces. (F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces. (G) Data on allegations of hazing and bullying in the Armed Forces, including final disposition of investigations. (H) Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year.. 549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing such recommendations as the Secretary considers appropriate with respect to the establishment of a separate punitive article in chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on violent extremism. 549N. Combating foreign malign influence Section 589E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking subsections (d) and (e); and (2) by inserting after subsection (c) the following new subsections: (d) Establishment of working group (1) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall establish a working group to assist the official designated under subsection (b), as follows: (A) In the identification of mediums used by covered foreign countries to identify, access, and endeavor to influence servicemembers and Department of Defense civilian employees through foreign malign influence campaigns and the themes conveyed through such mediums. (B) In coordinating and integrating the training program under this subsection in order to enhance and strengthen servicemember and Department of Defense civilian employee awareness of and defenses against foreign malign influence, including by bolstering information literacy. (C) In such other tasks deemed appropriate by the Secretary of Defense or the official designated under subsection (b). (2) The official designed under subsection (b) and the working group established under this subsection shall consult with the Foreign Malign Influence Response Center established pursuant to section 3059 of title 50, United States Code. (e) Report required Not later than 18 months after the establishment of the working group, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the working group, its activities, the effectiveness of the counter foreign malign influence activities carried out under this section, the metrics applied to determined effectiveness, and the actual costs associated with actions undertaken pursuant to this section. (f) Definitions In this section: (1) Foreign malign influence The term foreign malign influence has the meaning given that term in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ). (2) Covered foreign country The term covered foreign country has the meaning given that term in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ) (3) Information literacy The term information literacy means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images).. 551. Troops-to-Teachers Program (a) Requirement to carry out program Section 1154(b) of title 10, United States Code, is amended by striking may and inserting shall. (b) Reporting requirement Section 1154 of title 10, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: (i) Annual report (1) Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the Program. (2) The report required under paragraph (1) shall include the following elements: (A) The total cost of the Program for the most recent fiscal year. (B) The total number of teachers placed during such fiscal year and the locations of such placements. (C) An assessment of the STEM backgrounds of the teachers placed, the number of placements in high-need schools, and any other metric or information the Secretary considers appropriate to illustrate the cost and benefits of the program to members of the armed forces, veterans, and local educational agencies. (3) In this subsection, the term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Help, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives.. (c) Sunset Section 1154 of title 10, United States Code, as amended by subsection (b), is further amended by adding at the end the following new subsection: (k) Sunset The Program shall terminate on July 1, 2025, with respect to the selection of new participants for the program. Participants in the Program as of that date may complete their program, and remain eligible for benefits under this section.. 552. Codification of human relations training for certain members of the Armed Forces (a) In general Chapter 101 of title 10, United States Code, is amended by inserting before section 2002 the following new section: 2001. Human relations training (a) Human relations training (1) (A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary. (B) Matters covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity. (C) Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter. (2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible activity, based upon discriminatory motives, does not occur in a unit under the command of such commander. (b) Information provided to prospective recruits The Secretary of Defense shall ensure that— (1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and (2) each such individual is informed that if supporting such guarantees is not possible personally for that individual, then that individual should decline to enter the armed forces.. (b) Technical and conforming amendments (1) Technical amendment The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2002 the following new item: 2001. Human relations training.. (2) Conforming amendment Section 571 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 10 U.S.C. 113 note) is repealed. (c) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding— (1) implementation of section 2001 of such title, as added by subsection (a); and (2) legislation the Secretary determines necessary to complete such implementation. 2001. Human relations training (a) Human relations training (1) (A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary. (B) Matters covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity. (C) Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter. (2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible activity, based upon discriminatory motives, does not occur in a unit under the command of such commander. (b) Information provided to prospective recruits The Secretary of Defense shall ensure that— (1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and (2) each such individual is informed that if supporting such guarantees is not possible personally for that individual, then that individual should decline to enter the armed forces. 553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress (a) United States Military Academy (1) In general Chapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.. (2) Clerical amendment The table of sections at the beginning of chapter 753 of such title is amended by inserting after the item relating to section 7442 the following new item: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (b) United States Naval Academy (1) In general Chapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title.. (2) Clerical amendment The table of sections at the beginning of chapter 853 of such title is amended by inserting after the item relating to section 8454 the following new item: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (c) Air Force Academy (1) In general Chapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title.. (2) Clerical amendment The table of sections at the beginning of chapter 953 of such title is amended by inserting after the item relating to section 9442 the following new item: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (d) Report Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding implementation of the amendments under this section, including— (1) the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and (2) the number of times a Member of Congress has failed to submit nominations to the military academies due to death, resignation from office, or expulsion from office. 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title. 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title. 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired (a) United States Military Academy Section 7455(b) of title 10, United States Code, is amended by striking is appointed and inserting is appointed by the President. (b) United States Naval Academy Section 8468(b) of title 10, United States Code, is amended by striking is appointed and inserting is appointed by the President. (c) United States Air Force Academy Section 9455(b)(1) of title 10, United States Code, is amended by striking is designated and inserting is designated by the President. (d) United States Coast Guard Academy Section 1903(b)(2)(B) of title 14, United States Code, is amended by striking is appointed and inserting is appointed by the President. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely (a) United States Military Academy Section 7455 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member.. (b) United States Naval Academy Section 8468 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member.. (c) United States Air Force Academy Section 9455 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member.. 556. Defense Language Institute Foreign Language Center (a) Authority to award bachelor’s degrees Section 2168 of title 10, United States Code, is amended— (1) in the section heading, by striking Associate and inserting Associate or Bachelor ; and (2) by amending subsection (a) to read as follows: (a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer— (1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or (2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.. (b) Clerical amendment The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item: 2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language.. 557. United States Naval Community College (a) Establishment Chapter 859 of title 10, United States Code, is amended by adding at the end the following new section: 8595. United States Naval Community College: establishment and degree granting authority (a) Establishment and function There is a United States Naval Community College. The primary function of such College shall be to provide— (1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in— (A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and (B) their practical duties; (2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1); (3) support and advisement services for individuals pursuing such programs; and (4) continuous monitoring of the progress of such individuals. (b) Individuals eligible for programs Subject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a): (1) Enlisted members of the Navy and Marine Corps. (2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree. (3) Civilian employees of the Department of the Navy. (4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is— (A) in alignment with the mission of the United States Naval Community College; and (B) determined to support the mission or needs of the Department of the Navy. (c) Degree and credential granting authority (1) In general Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements. (2) Limitation A degree or credential may not be conferred under this subsection unless— (A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education. (3) Congressional notification requirements (A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and (ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority. (B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. (C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential. (d) Civilian faculty members (1) Authority of Secretary The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary. (2) Compensation The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.. (b) Clerical amendment The table of sections at the beginning of chapter 859 of title 10, United States Code, is amended by adding at the end the following new item: 8595. United States Naval Community College: establishment and degree granting authority.. 8595. United States Naval Community College: establishment and degree granting authority (a) Establishment and function There is a United States Naval Community College. The primary function of such College shall be to provide— (1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in— (A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and (B) their practical duties; (2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1); (3) support and advisement services for individuals pursuing such programs; and (4) continuous monitoring of the progress of such individuals. (b) Individuals eligible for programs Subject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a): (1) Enlisted members of the Navy and Marine Corps. (2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree. (3) Civilian employees of the Department of the Navy. (4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is— (A) in alignment with the mission of the United States Naval Community College; and (B) determined to support the mission or needs of the Department of the Navy. (c) Degree and credential granting authority (1) In general Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements. (2) Limitation A degree or credential may not be conferred under this subsection unless— (A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education. (3) Congressional notification requirements (A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and (ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority. (B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. (C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential. (d) Civilian faculty members (1) Authority of Secretary The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary. (2) Compensation The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy. 558. Codification of establishment of United States Air Force Institute of Technology (a) In general Chapter 951 of title 10, United States Code, is amended by inserting before section 9414 the following new section: 9413. United States Air Force Institute of Technology: establishment There is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting, before the item relating to section 9414, the following new item: 9413. United States Air Force Institute of Technology: establishment.. 9413. United States Air Force Institute of Technology: establishment There is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits (a) In general Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: (k) (1) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title on a half-time or more basis, the Secretary concerned shall, at the election of the individual, pay the individual educational assistance allowance under this chapter for pursuit of such education or training as if the individual were not also eligible to receive or in receipt of educational assistance under section 2007 for pursuit of such education or training. (2) Concurrent receipt of educational assistance under section 2007 of this title and educational assistance under this chapter shall not be considered a duplication of benefits if the individual is enrolled in a program of education on a half-time or more basis.. (b) Conforming amendments Section 2007(d) of such title is amended— (1) in paragraph (1), by inserting or chapter 1606 of this title after of title 38 ; and (2) in paragraph (2), by inserting , in the case of educational assistance under chapter 30 of such title, and section 16131(k), in the case of educational assistance under chapter 1606 of this title before the period at the end. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen (a) Regulations required Not later than one year after the date of the enactment of this Act, the Secretary of Defense, after consultation with the Secretaries of the military departments and the Superintendent of each military service academy, shall prescribe regulations that include the option to preserve parental guardianship rights of a cadet or midshipman who becomes pregnant or fathers a child while attending a military service academy, consistent with the individual and academic responsibilities of such cadet or midshipman. (b) Briefings; report (1) Interim briefing Not later than May 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives an interim briefing on the development of the regulations prescribed under subsection (a). (2) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on any legislation the Secretary determines necessary to implement the regulations prescribed under subsection (a). (3) Final briefing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a final briefing on the regulations prescribed under subsection (a). (c) Rule of construction Nothing in this section shall be construed to change, or require a change to, any admission requirement at a military service academy. (d) Military service academy defined In this section, the term military service academy means the following: (1) The United States Military Academy. (2) The United States Naval Academy. (3) The United States Air Force Academy. 559B. Defense language continuing education program (a) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall establish policies and procedures to provide, to linguists of the covered Armed Forces who have made the transition from formal training programs to operational and staff assignments, continuing language education to maintain their respective language proficiencies. (b) Reimbursement authority (1) In general Not later than one year after the date of the enactment of this Act, the Under Secretary, in coordination with the chief of each covered Armed Force, shall establish a procedure by which the covered Armed Force concerned may reimburse an organization of the Department of Defense that provides, to members of such covered Armed Force, continuing language education, described in subsection (a), for the costs of such education. (2) Sunset The authority under this subsection shall expire on September 30, 2025. (c) Briefing Not later than July 1, 2022, the Under Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on implementation of this section and plans regarding continuing language education described in subsection (a). (d) Covered Armed Force defined In this section, the term covered Armed Force means the Army, Navy, Air Force, Marine Corps, or Space Force. 559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system The Secretary of Defense may not implement a civilian faculty tenure system for the United States Air Force Academy (in this section referred to as the Academy ) until the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the following: (1) How a civilian faculty tenure system would promote the mission of the Academy. (2) How a civilian faculty tenure system would affect the current curricular governance process of the Academy. (3) How the Academy will determine the number of civilian faculty at the Academy who would be granted tenure. (4) How a tenure system would be structured for Federal employees at the Academy, including exact details of specific protections and limitations. (5) The budget implications of implementing a tenure system for the Academy. (6) The faculty qualifications that would be required to earn and maintain tenure. (7) The reasons for termination of tenure that will be implemented and how a tenure termination effort would be conducted. 559D. Professional military education: report; definition (a) Report (1) In general Not later than July 1, 2022, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the definition of professional military education in the Department of Defense and the military departments as specified in subsection (c). (2) Elements The report under this subsection shall include the following elements: (A) A consolidated summary of all definitions of the term professional military education used in the Department of Defense and the military departments. (B) A description of how such term is used in the Department of Defense in educational institutions, associated schools, programs, think tanks, research centers, and support activities. (C) An analysis of how such term— (i) applies to tactical, operational, and strategic settings; and (ii) is linked to mission requirements. (D) An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training. (E) The applicability of professional military education to the domains of warfare, including land, air, sea, space, and cyber. (F) With regards to online and virtual learning in professional military education— (i) an analysis of the use of such learning; and (ii) student satisfaction in comparison to traditional classroom learning. (b) Definition Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, using the report under subsection (a), shall standardize the definition of professional military education across the military departments and the Department of Defense. 559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors (a) Report required Not later than June 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on training and courses of education offered to covered members regarding— (1) sexual assault; (2) sexual harassment; (3) extremism; (4) domestic violence; (5) diversity, equity, and inclusion; (6) military equal opportunity; (7) suicide prevention; and (8) substance abuse. (b) Elements The report under subsection (a) shall identify, with regard to each training or course of education, the following: (1) Sponsor. (2) Location. (3) Method. (4) Frequency. (5) Number of covered members who have participated. (6) Legislation, regulation, instruction, or guidance that requires such training or course (if applicable). (7) Metrics of— (A) performance; (B) effectiveness; and (C) data collection. (8) Responsibilities of the Secretary of Defense or Secretary of a military department to— (A) communicate with non-departmental entities; (B) process feedback from trainers, trainees, and such entities; (C) connect such training or course to tactical, operational, and strategic goals; and (D) connect such training or course to other training regarding social reform and unhealthy behavior. (9) Analyses of— (A) whether the metrics described in paragraph (7) are standardized across the military departments; (B) mechanisms used to engage non-departmental entities to assist in the development of such training or courses; (C) incentives used to ensure the effectiveness of such training or courses; (D) how each training or courses is intended to change behavior; and (E) costs of such training and courses. (10) Recommendations of the Secretary of Defense to improve such training or courses, including the estimated costs to implement such improvements. (11) Any other information the Secretary of Defense determines relevant. (c) Covered member defined In this section, the term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department. 559F. Report on status of Army Tuition Assistance Program Army IgnitED program (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the status of the Army IgnitED program of the Army’s Tuition Assistance Program. (b) Elements The report required under subsection (a) shall describe— (1) the estimated date when the Army IgnitED program will be fully functional; (2) the estimated date when service members will be reimbursed for out of pocket expenses caused by processing delays and errors under the Army IgnitED program; and (3) the estimated date when institutions of higher education will be fully reimbursed for all costs typically provided through the Tuition Assistance Program but delayed due to processing delays and errors under the Army IgnitED program. 559G. Briefing on cadets and midshipmen with speech disorders Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding nominees, who have speech disorders, to each military service academy. Such briefing shall include the following: (1) The number of such nominees were offered admission to the military service academy concerned. (2) The number of nominees described in paragraph (1) who were denied admission on the basis of such disorder. (3) Whether the admission process to a military service academy includes testing for speech disorders. (4) The current medical standards of each military service academy regarding speech disorders. (5) Whether the Superintendent of each military service academy provides speech therapy to mitigate speech disorders— (A) of nominees to such military service academy to facilitate admission of such nominees; and (B) of the cadets or midshipman at such military service academy. 561. Expansion of support programs for special operations forces personnel and immediate family members Section 1788a(e) of title 10, United States Code, is amended— (1) in paragraph (4), by striking covered personnel and inserting covered individuals ; and (2) in paragraph (5)— (A) by striking covered personnel and inserting covered individuals ; (B) in subparagraph (B), by striking and at the end; (C) in subparagraph (C), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subparagraph: (D) immediate family members of individuals described in subparagraphs (A) or (B) in a case in which such individual died— (i) as a direct result of armed conflict; (ii) while engaged in hazardous service; (iii) in the performance of duty under conditions simulating war; or (iv) through an instrumentality of war.. 562. Improvements to the Exceptional Family Member Program (a) Expansion of advisory panel on community support for military families with special needs Section 563(d)(2) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 1781c note) is amended— (1) by striking seven and inserting nine ; (2) by inserting , appointed by the Secretary of Defense, after individuals ; (3) by inserting each before a member ; (4) by striking the second sentence and inserting In appointing individuals to the panel, the Secretary shall ensure that— ; and (5) by adding at the end the following: (A) one individual is the spouse of an enlisted member; (B) one individual is the spouse of an officer in a grade below O-6; (C) one individual is a junior enlisted member; (D) one individual is a junior officer; (E) individuals reside in different geographic regions; (F) one individual is a member serving at a remote installation or is a member of the family of such a member; and (G) at least two individuals are members serving on active duty, each with a dependent who— (i) is enrolled in the Exceptional Family Member Program; and (ii) has an individualized education program.. (b) Relocation The Secretary of the military department concerned may, if such Secretary determines it feasible, permit a covered member who receives permanent change of station orders to elect, not later than 14 days after such receipt, from at least two locations that provide support for the dependent of such covered member with a special need. (c) Family member medical summary The Secretary of a military department, in coordination with the Director of the Defense Health Agency, shall require that a family member medical summary, completed by a licensed and credentialed medical provider, is accessible in the electronic health record of the Department of Defense for subsequent review by a licensed medical provider. (d) Covered member defined In this section, the term covered member means a member of an Armed Force— (1) under the jurisdiction of the Secretary of a military department; and (2) with a dependent with a special need. 563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel (a) Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees (1) Assistance to schools with significant numbers of military dependent students Of the amount authorized to be appropriated for fiscal year 2022 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 20 U.S.C. 7703b ). (2) Local educational agency defined In this subsection, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ). (b) Impact aid for children with severe disabilities (1) In general Of the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654A–77; 20 U.S.C. 7703a ). (2) Additional amount Of the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities. (3) Report Not later than March 31, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive. 564. Pilot program to establish employment fellowship opportunities for military spouses (a) Establishment Not later than one year after the date of the enactment of this Act, the Secretary of Defense may establish a three-year pilot program to provide employment support to the spouses of members of the Armed Forces through a paid fellowship with employers across a variety of industries. In carrying out the pilot program, the Secretary shall take the following steps: (1) Enter into a contract or other agreement to conduct a career fellowship pilot program for military spouses. (2) Determine the appropriate capacity for the pilot program based on annual funding availability. (3) Establish evaluation criteria to determine measures of effectiveness and cost-benefit analysis of the pilot program in supporting military spouse employment. (b) Limitation on total amount of assistance The total amount of the pilot program may not exceed $5,000,000 over the life of the pilot. (c) Reports Not later than two years after the Secretary establishes the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report that includes the following elements: (1) The number of spouses who participated in the pilot program annually. (2) The amount of funding spent through the pilot program annually. (3) A recommendation of the Secretary regarding whether to discontinue, expand, or make the pilot program permanent. (d) Final report Not later than 180 days after the pilot program ends, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report that includes the following elements: (1) The number of spouses who participated in the pilot program. (2) The amount of funding spent through the pilot program. (3) An evaluation of outcomes. (4) A recommendation of the Secretary regarding whether to make the pilot program permanent. (e) Termination The pilot program shall terminate three years after the date on which the Secretary establishes the pilot program. 565. Policy regarding remote military installations (a) Policy Not later than December 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a uniform policy for how to— (1) identify remote military installations; and (2) assess and manage challenges associated with remote military installations and military personnel assigned to remote locations. (b) Elements The policy under subsection (a) shall address the following: (1) Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces. (2) Availability of housing, located on and off remote military installations. (3) Educational services for dependents of members of the Armed Forces, located on and off remote military installations. (4) Availability of health care. (5) Employment opportunities for military spouses. (6) Risks associated with having insufficient support services for members of the Armed Forces and their dependents. (c) Report Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy under this section. (d) Military installation defined In this section, the term military installation has the meaning given that term in section 2801 of title 10, United States Code. 566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources (a) Plan required The Secretary of Defense shall develop a plan to implement the recommendation of the Comptroller General of the United States, to address strategies for sharing information on outreach to military spouses regarding career assistance resources, in the report of the Government Accountability Office titled Military Spouse Employment: DOD Should Continue Assessing State Licensing Practices and Increase Awareness of Resources (GAO–21–193). The plan shall include the following elements: (1) A summary of actions that have been taken to implement the recommendation. (2) A summary of actions that will be taken to implement the recommendation, including how the Secretary plans to— (A) engage military services and installations, members of the Spouse Ambassador Network, and other local stakeholders to obtain information on the outreach approaches and best practices used by military installations and stakeholders; (B) overcome factors that may limit use of best practices; (C) disseminate best practices to relevant stakeholders; and (D) identify ways to and better coordinate with the Secretaries of Veterans Affairs, Labor, and Housing and Urban Development; and (E) a schedule, with specific milestones, for completing implementation of the recommendation. (b) Implementation; deadline Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a). 567. Study on employment of military spouses (a) Study (1) In general The Secretary of Defense shall conduct a study to identify employment barriers affecting military spouses. (2) Elements The study conducted under paragraph (1) shall determine the following: (A) The rate or prevalence of military spouses who are currently employed and whether such military spouses have children. (B) The rate or prevalence of military spouses who are underemployed. (C) In connection with subparagraph (B), whether a military spouse would have taken a different position of employment if the military spouse were not impacted by the spouse who is a member of the Armed Forces. (D) The rate or prevalence of military spouses who, due to military affiliation, have experienced discrimination by civilian employers, including loss of employment, denial of a promotion, and difficulty in being hired. (E) Any other barriers of entry into the local workforce for military spouses, including— (i) state licensure requirements; (ii) availability of childcare; (iii) access to broadband; (iv) job availability in military communities; and (v) access to housing. (b) Report Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under this section, including any policy recommendations to address employment barriers identified by the study. (c) Definitions In this section: (1) Military spouse The term military spouse means the spouse of a member of the Armed Forces serving on active duty. (2) Congressional defense committees The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on how and the extent to which commanders of military installations connect military families with local nonprofit and government entities that provide services to military families, including assistance with housing. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs (a) Briefing Not later April 1, 2022, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the following: (1) The feasibility of developing a written process whereby an installation commander can certify the information contained in impact aid source check forms received by such installation commander from local educational agencies. (2) Benefits of working with local educational agencies to certify impact aid source check forms are submitted in the appropriate manner. (3) An estimated timeline to implement such a certification process. (b) Definitions In this section: (1) The term impact aid source check form means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(a) ). (2) The term local educational agency has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program (a) Briefing required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the provision of legal services, under section 582(b)(7) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), to families enrolled in EFMP. (b) Elements The briefing shall include the following elements: (1) Training, provided by civilian attorneys or judge advocates general, regarding special education. (2) Casework, relating to special education, of such civilian attorneys and judge advocates general. (3) Information on how such legal services tie in to broader EFMP support under the Individuals with Disabilities Education Act ( Public Law 91–230 ), including the geographic support model. (4) Other matters regarding such legal services that the Secretary of Defense determines appropriate. (5) Costs of such elements described in paragraphs (1) through (4). (c) Definitions In this section: (1) The term EFMP means the Exceptional Family Member Program. (2) The terms child with a disability , free appropriate public education , and special education have the meanings given those terms in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). 569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report (a) Review The Comptroller General of the United States shall conduct a review of POTFF. Such review shall include the following: (1) With regards to current programs and activities of POTFF, an assessment of the sufficiency of the following domains: (A) Human performance. (B) Psychological and behavioral health. (C) Social and family readiness. (D) Spiritual. (2) A description of efforts of the Commander of United States Special Operations Command to assess the unique needs of members of special operations forces, including women and minorities. (3) A description of plans of the Commander to improve POTFF to better address the unique needs of members of special operations forces. (4) Changes in costs to the United States to operate POTFF since implementation. (5) Rates of participation in POTFF, including— (A) the number of individuals who participate; (B) frequency of use by such individuals; and (C) geographic locations where such individuals participate. (6) Methods by which data on POTFF is collected and analyzed. (7) Outcomes used to determine the effects of POTFF on members of special operations forces and their immediate family members, including a description of the effectiveness of POTFF in addressing unique needs of such individuals. (8) Any other matter the Comptroller General determines appropriate. (b) Briefing Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall brief the appropriate committees on the preliminary findings of the Comptroller General under such review. (c) Report The Comptroller General shall submit to the appropriate committees a final report on such review at a date mutually agreed upon by the Comptroller General and the appropriate committees. (d) Definitions In this section: (1) The term appropriate committees means the Committees on Armed Services of the Senate and House of Representatives. (2) The term POTFF means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code. (3) The term special operations forces means the forces described in section 167(j) of title 10, United States Code. 571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces (a) Establishment of criteria Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and in coordination with the Secretaries of the military departments, shall establish criteria, consistent across the Armed Forces, for determining which uniform or clothing items across the Armed Forces are considered uniquely military for purposes of calculating the standard cash clothing replacement allowances, in part to reduce differences in out-of pocket costs incurred by enlisted members of the Armed Forces across the military services and by gender within an Armed Force. (b) Reviews (1) Quinquennial review The Under Secretary shall review the criteria established under subsection (a) every five years after such establishment and recommend to the Secretaries of the military departments adjustments to clothing allowances for enlisted members if such allowances are insufficient to pay for uniquely military items determined pursuant to such criteria. (2) Periodic reviews The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, and in coordination with the Secretaries of the military departments, shall periodically review— (A) all uniform clothing plans of each Armed Force under the jurisdiction of the Secretary of a military department to identify data needed to facilitate cost discussions and make recommendations described in paragraph (1); (B) not less than once every five years, calculations of each Armed Force for standard clothing replacement allowances for enlisted members, in order to develop a standard by which to identify differences described in subsection (a); (C) not less than once every 10 years, initial clothing allowances for officers, in order to identify data necessary to facilitate cost discussions and make recommendations described in paragraph (1); and (D) all plans of each Armed Force under the jurisdiction of the Secretary of a military department for changing uniform items to determine if such planned changes will result in differences described in subsection (a). (c) Regulations Not later than September 30, 2022, each Secretary of a military department shall prescribe regulations that ensure the following: (1) The out-of-pocket cost to an officer or enlisted member of an Armed Force for a mandatory uniform item (or part of such uniform) may not exceed such cost to another officer or enlisted member of that Armed Force for such uniform (or part, or equivalent part, of such uniform) solely based on gender. (2) If a change to a uniform of an Armed Force affects only enlisted members of one gender, an enlisted member of such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted member relating to such change. (3) An individual who has separated or retired, or been discharged or dismissed, from the Armed Forces, shall not entitled to an allowance under paragraph (2). (d) Report Not later than December 31, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on— (1) the estimated production costs and average retail prices of military clothing items for members (including officers and enlisted members) of each Armed Force; and (2) a comparison of costs for male and female military clothing items for members of each Armed Force. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a study of the following: (1) The number of members of the regular components of the Armed Forces (including cadets and midshipmen at the military service academies) who identify as Hispanic or Latino, separated by rank. (2) A comparison of the percentage of the members described in paragraph (1) with the percentage of the population of the United States who are eligible to enlist or commission in the Armed Forces who identify as Hispanic or Latino. (3) A comparison of how each of the Armed Forces recruits individuals who identify as Hispanic or Latino. (4) A comparison of how each of the Armed Forces retains both officer and enlisted members who identify as Hispanic or Latino. (5) A comparison of how each of the Armed Forces promotes both officer and enlisted members who identify as Hispanic or Latino. 573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting Section 113 of title 10, United States Code, is amended— (1) in subsection (c)(2), by inserting before the semicolon the following: , including the status of diversity and inclusion in the military service academies, the Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps programs of such department ; and (2) in subsection (m)— (A) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (B) by inserting after paragraph (4) the following new paragraph: (5) The number of graduates of the Senior Reserve Officers’ Training Corps during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.. 574. Extension of deadline for GAO report on equal opportunity at the military service academies Section 558 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended, in the matter preceding paragraph (1), by striking one year after the date of the enactment of this Act and inserting May 31, 2022. 581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test Section 594 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking Not later than one year after the date of the enactment of this Act and inserting Not later than October 1, 2024. 582. Authorizations for certain awards (a) Medal of Honor to Charles R. Johnson for acts of valor during the Korean War (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Charles R. Johnson for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Charles R. Johnson on June 11 and 12, 1953, as a member of the Army serving in Korea, for which he was awarded the Silver Star. (b) Medal of Honor to Wataru Nakamura for acts of valor during the Korean War (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Wataru Nakamura for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Wataru Nakamura on May 18, 1951, as a member of the Army serving in Korea, for which he was awarded the Distinguished-Service Cross. (c) Medal of Honor to Bruno R. Orig for acts of valor during the Korean War (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Bruno R. Orig for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Bruno R. Orig on Februray 15, 1951, as a member of the Army serving in Korea, for which he was awarded the Distinguished-Service Cross. (d) Medal of Honor to Dennis M. Fujii for acts of valor during the Vietnam War (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Dennis M. Fujii for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Dennis M. Fujii on February 18 through 22, 1971, as a member of the Army serving in the Republic of Vietnam, for which he was awarded the Distinguished-Service Cross. (e) Medal of Honor to Edward N. Kaneshiro, for acts of valor during the Vietnam War (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Edward N. Kaneshiro for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Edward N. Kaneshiro on December 1, 1966, as a member of the Army serving in Vietnam, for which he was awarded the Distinguished-Service Cross. (f) Distinguished-Service Cross to Earl R. Fillmore, Jr. for acts of valor in Somalia (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to Earl R. Fillmore, Jr. for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Earl R. Fillmore, Jr. on October 3, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (g) Distinguished-Service Cross to Robert L. Mabry for acts of valor in Somalia (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to Robert L. Mabry for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Robert L. Mabry on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (h) Distinguished-Service Cross to John G. Macejunas for acts of valor in Somalia (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to John G. Macejunas for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of John G. Macejunas on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (i) Distinguished-Service Cross to William F. Thetford for acts of valor in Somalia (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to William F. Thetford for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of William F. Thetford on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. 583. Establishment of the Atomic Veterans Commemorative Service Medal (a) Service medal required The Secretary of Defense shall design and produce a commemorative military service medal, to be known as the Atomic Veterans Commemorative Service Medal , to commemorate the service and sacrifice of veterans who were instrumental in the development of our nations atomic and nuclear weapons programs. (b) Eligibility requirements (1) The Secretary of Defense shall, within 180 days after the date of enactment of this Act, determine eligibility requirements for this medal. (2) Sixty days prior to publishing the eligibility requirements for this medal, the Secretary of Defense shall submit proposed eligibility criteria under paragraph (1) to the Committees on Armed Services of the Senate and House of Representatives for comment. (3) The Secretary of Defense may require persons to submit supporting documentation for the medal authorized in subsection (a) to determine eligibility under paragraph (1). (c) Distribution of medal (1) Issuance to retired and former members At the request of an eligible veteran, the Secretary of Defense shall issue the Atomic Veterans Commemorative Service Medal to the eligible veteran. (2) Issuance to next-of-kin In the case of a veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Commemorative Service Medal to the next-of-kin of the persons. If applications for a medal are filed by more than one next of kin of a person eligible to receive a medal under this section, the Secretary of Defense shall determine which next-of-kin will receive the medal. (3) Application The Secretary shall prepare and disseminate as appropriate an application by which veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal. (d) Authorization of appropriations There is authorized to be appropriated such sum as may be necessary to carry out this section. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery (a) Updates and preservation of memorials (1) Protestant chaplains memorial The Secretary of the Army may permit NCMAF— (A) to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial; (B) to provide an updated bronze plaque, described in subparagraph (A), including the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and (C) to make such other updates and corrections to the memorial that the Secretary determines necessary. (2) Catholic and Jewish chaplain memorials The Secretary of the Army may permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that the Secretary determines necessary. (3) No cost to Federal Government The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government. (b) Verification of names NCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served. (c) Prohibition on expansion of memorials Except as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act. (d) Definitions In this section: (1) The term Chaplains Hill means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill. (2) The term NCMAF means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section. 585. Reports on security force personnel performing protection level one duties (a) In general The Secretary of the Air Force shall submit to the congressional defense committees a report on the status of security force personnel performing protection level one (PL–1) duties— (1) not later than 90 days after the date of the enactment of this Act; and (2) concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to section 1105(a) of title 31, United States Code. (b) Elements Each report required by subsection (a) shall include the following: (1) The number of Air Force personnel performing, and the number of unfilled billets designated for performance of, PL–1 duties on a full-time basis during the most recent fiscal year that ended before submission of the report. (2) The number of such personnel disaggregated by mission assignment during that fiscal year. (3) The number of such personnel and unfilled billets at each major PL–1 installation during that fiscal year and a description of the rank structure of such personnel. (4) A statement of the time, by rank structure, such personnel were typically assigned to perform PL–1 duties at each major PL–1 installation during that fiscal year. (5) The retention rate for security personnel performing such duties during that fiscal year. (6) The number of Air Force PL–1 security force members deployed to support another Air Force mission or a joint mission with another military department during that fiscal year. (7) A description of the type of training for security personnel performing PL–1 duties during that fiscal year. (8) An assessment of the status of replacing the existing fleet of high mobility multipurpose wheeled vehicles (HMMWV) and BearCat armored vehicles, by PL–1 installation. (9) Such other matters as the Secretary considers appropriate relating to security force personnel performing PL–1 duties during the period of five fiscal years after submission of the report. 586. GAO study on tattoo policies of the Armed Forces (a) Study The Comptroller General of the United States shall evaluate the tattoo policies of each Armed Force, including— (1) the effects of such policies on recruitment, retention, reenlistment of members of the Armed Forces; and (2) processes for waivers to such policies to recruit, retain, or reenlist members who have unauthorized tattoos. (b) Briefing Not later than March 31, 2022, the Comptroller General shall brief the Committees on Armed Services of the Senate and House of Representatives on preliminary findings of such evaluation. (c) Report Not later than July 1, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of such evaluation. 587. Briefing regarding best practices for community engagement in Hawaii (a) Briefing required Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense and the Secretaries of the military departments shall jointly submit to Congress a briefing on best practices for coordinating relations with State and local governmental entities in the State of Hawaii. (b) Best practices The best practices referred to in subsection (a) shall address each of the following issues: (1) Identify comparable locations with joint base military installations or of other densely populated metropolitan areas with multiple military installations and summarize lessons learns from any similar efforts to engage with the community and public officials. (2) Identify all the major community engagement efforts by the services, commands, installations and other military organizations in the State of Hawaii. (3) Evaluate the current community outreach efforts to identify any outreach gaps or coordination challenges that undermine the military engagement with the local community and elected official in the State of Hawaii. (4) Propose options available to create an enhanced, coordinated community engagement effort in the State of Hawaii based on the department’s evaluation. (5) Resources to support the coordination described in this subsection, including the creation of joint liaison offices that are easily accessible to public officials to facilitate coordinating relations with State and local governmental agencies. 601. Basic needs allowance for members on active service in the Armed Forces (a) In general Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section: 402b. Basic needs allowance for members on active service in the Armed Forces (a) Allowance required The Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c). (b) Eligible members A member on active service in the armed forces is eligible for the allowance under subsection (a) if— (1) the member has completed initial entry training; (2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and (3) the member— (A) is not ineligible for the allowance under subsection (d); and (B) does not elect under subsection (g) not to receive the allowance. (c) Amount of allowance The amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to— (1) (A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus (B) the gross household income of the member during the preceding calendar year; divided by (2) 12. (d) Bases of ineligibility (1) In general The following members are ineligible for the allowance under subsection (a): (A) A member who does not have any dependents. (B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. (2) Household with more than one eligible member In the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. (3) Automatic ineligibility of members receiving certain pay increases A member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). (4) Ineligibility of certain changes in income A member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank. (e) Application by members seeking allowance (1) In general A member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. (2) Timing of submission A member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually. (3) Voluntary submission The submission of an application under paragraph (1) is voluntary. (4) Screening of members for eligibility The Secretary of Defense shall— (A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and (B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). (f) Determinations of eligibility (1) In general The Secretary concerned shall— (A) determine which members of the armed forces are eligible under subsection (b); and (B) notify each such member, in writing, of that determination. (2) Information included in notice The notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible. (g) Election not to receive allowance (1) In general A member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance. (2) Deemed ineligible A member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). (h) Special rule for members stationed outside United States In the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. (i) Regulations Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. (j) Effective period (1) Implementation period The allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (2) Termination The allowance under subsection (a) may not be paid for any month beginning after December 31, 2027. (k) Definitions In this section: (1) Gross household income The term gross household income , with respect to a member of the armed forces, includes— (A) all household income, derived from any source; minus (B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude. (2) Household The term household means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.. (b) Study (1) In general The Secretary of Defense shall conduct a study on food insecurity in the Armed Forces. Results of such study shall include the following elements: (A) An analysis of food deserts that affect members of the Armed Forces, and their families, who live in areas with high costs of living. (B) A comparison of— (i) the current method employed by the Secretary of Defense to determine areas with high costs of living; (ii) local level indicators used by the Bureau of Labor Statistics that indicate buying power and consumer spending in specific geographic areas; (iii) indicators used by the Department of Agriculture in market basket analyses and other measures of local and regional food costs. (C) The feasibility of implementing a web portal for a member of any Armed Force to apply for the allowance under section 402b of title 37, United States Code, added by subsection (a), including— (i) cost; (ii) ease of use; (iii) access; (iv) privacy; and (v) any other factor the Secretary determines appropriate. (D) The development of a process to determine an appropriate allowance to supplement the income of members who suffer food insecurity. (E) Outcomes of forums with beneficiaries, military service organizations, and advocacy groups to elicit information regarding the effects of food insecurity on members and their dependents. The Secretary of Defense and each Secretary of a military department shall conduct at least one such forum, only one of which may be conducted in the National Capital Region. (F) An estimate of costs to implement each recommendation of the Secretary developed pursuant to this paragraph. (G) Any other information the Secretary determines appropriate. (2) Briefing Not later than April 1, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on initial findings of the study. (3) Report Not later than October 1, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of the study. (4) Definitions In this subsection: (A) The term food desert means an area, determined by the Secretary of Defense, where it is difficult to obtain affordable or high-quality fresh food. (B) The term National Capital Region has the meaning given such term in section 2674 of title 10, United States Code. (c) Reports on effects of allowance on food insecurity Not later than December 31, 2025, and June 1, 2028, the Secretary of Defense shall submit to the congressional defense committees a report regarding the effect of the allowance under section 402b of title 37, United States Code, added by subsection (a), on food insecurity among members of the Armed Forces. (d) Clerical amendment The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item: 402b. Basic needs allowance for members on active service in the Armed Forces.. 402b. Basic needs allowance for members on active service in the Armed Forces (a) Allowance required The Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c). (b) Eligible members A member on active service in the armed forces is eligible for the allowance under subsection (a) if— (1) the member has completed initial entry training; (2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and (3) the member— (A) is not ineligible for the allowance under subsection (d); and (B) does not elect under subsection (g) not to receive the allowance. (c) Amount of allowance The amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to— (1) (A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus (B) the gross household income of the member during the preceding calendar year; divided by (2) 12. (d) Bases of ineligibility (1) In general The following members are ineligible for the allowance under subsection (a): (A) A member who does not have any dependents. (B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. (2) Household with more than one eligible member In the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. (3) Automatic ineligibility of members receiving certain pay increases A member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). (4) Ineligibility of certain changes in income A member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank. (e) Application by members seeking allowance (1) In general A member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. (2) Timing of submission A member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually. (3) Voluntary submission The submission of an application under paragraph (1) is voluntary. (4) Screening of members for eligibility The Secretary of Defense shall— (A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and (B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). (f) Determinations of eligibility (1) In general The Secretary concerned shall— (A) determine which members of the armed forces are eligible under subsection (b); and (B) notify each such member, in writing, of that determination. (2) Information included in notice The notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible. (g) Election not to receive allowance (1) In general A member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance. (2) Deemed ineligible A member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). (h) Special rule for members stationed outside United States In the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. (i) Regulations Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. (j) Effective period (1) Implementation period The allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (2) Termination The allowance under subsection (a) may not be paid for any month beginning after December 31, 2027. (k) Definitions In this section: (1) Gross household income The term gross household income , with respect to a member of the armed forces, includes— (A) all household income, derived from any source; minus (B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude. (2) Household The term household means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents. 602. Equal incentive pay for members of the reserve components of the Armed Forces (a) In general Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 357. Incentive pay authorities for members of the reserve components of the armed forces Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.. (b) Technical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 356 the following: 357. Incentive pay authorities for members of the reserve components of the armed forces.. (c) Report Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing— (1) the plan of the Secretary to implement section 357 of such title, as added by subsection (a); (2) an estimate of the costs of such implementation; (3) the number of members described in such section; and (4) any other matter the Secretary determines relevant. (d) Implementation date The Secretary may not implement section 357 of such title, as added by subsection (a) until after— (1) submission of the report under subsection (b); and (2) the Secretary determines and certifies in writing to the Committees on Armed Services of the Senate and House of Representatives that such implementation shall not have a detrimental effect on the force structure of an Armed Force concerned, including with regard to recruiting or retention of members in the regular component of such Armed Force. 357. Incentive pay authorities for members of the reserve components of the armed forces Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills. 603. Expansions of certain travel and transportation authorities (a) Lodging in kind for reserve component members performing training (1) In general Section 12604 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Lodging in kind (1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind. (2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned. (3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses. (4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.. (2) Conforming amendment Section 474 of title 37, United States Code, is amended by striking subsection (i). (b) Mandatory pet quarantine fees for household pets Section 451(b)(8) of title 37, United States Code, is amended by adding at the end the following: Such costs include pet quarantine expenses.. (c) Student dependent transportation (1) In general Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraphs: (18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii). (19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.. (2) Definitions Section 451 of title 37, United States Code, as amended by subsection (b) of this section, is amended— (A) in subsection (a)(2)(H), by adding at the end the following new clauses: (vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States (other than in Alaska or Hawaii). (viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location. ; and (B) in subsection (b), by adding at the end the following new paragraph: (10) (A) The term permanent duty assignment location means— (i) the official station of a member of the uniformed services; or (ii) the residence of a dependent of a member of the uniformed services. (B) As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student.. (d) Dependent transportation incident to ship construction, inactivation, and overhauling (1) In general Section 452 of title 37, United States Code, as amended by subsection (c) of this section, is further amended— (A) in subsection (b), by adding at the end the following new paragraph: (20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction. ; and (B) by adding at the end the following new subsection: (i) Dependent transportation incident to ship construction, inactivation, and overhauling The authority under subsection (a) for travel in connection with circumstances described in subsection (b)(20) shall be subject to the following terms and conditions: (1) The member of the uniformed services must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter. (2) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member’s entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation. (3) The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.. (2) Definitions Section 451(a)(2)(H) of title 37, United States Code, as amended by subsection (c) of this section, is further amended by adding at the end the following new clause: (ix) Transportation of a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.. (e) Technical correction Section 2784a(a)(3) of title 10, United States Code, is amended by striking section 474 and inserting section 452. 604. Repeal of expiring travel and transportation authorities (a) In general Effective December 31, 2021, subchapter III of chapter 8 of title 37, United States Code, is repealed. (b) Clerical amendment The table of sections at the beginning of chapter 8 of such title is amended by striking the items relating to subchapter III and sections 471 through 495. 605. Requirements in connection with suspension of retired pay and retirement annuities (a) Annual eligibility determination procedures Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations a single annual eligibility determination procedure for determinations of eligibility for military retired or retainer pay and survivor annuities in connection with military service as a replacement of the current procedures in connection with the Certificate of Eligibility and Report of Existence for military retirees and annuitants. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on a process by which notifications of the death of a military retiree or annuitant may be determined with respect to the termination of eligibility for benefits. 606. Report on relationship between basic allowance for housing and sizes of military families Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on whether the basic allowance for housing under section 403 of title 37, United States Code, is sufficient for the average family size of members of the Armed Forces, disaggregated by rank and military housing area. 607. Report on certain moving expenses for members of the Armed Forces Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on moving expenses incurred by members of the Armed Forces and their families that exceed such expenses covered by the Joint Travel Regulations for the Uniformed Services, disaggregated by Armed Force, rank, and military housing area. In such report, the Secretary shall examine the root causes of such expenses. 608. Report on temporary lodging expenses in competitive housing markets Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the appropriateness of the maximum payment period of 10 days under subsection (c) of section 474a of title 37, United States Code in highly competitive housing markets. Such report shall include how the Secretary educates members of the Armed Forces and their families about their ability to request payment under such section. 609. Report on rental partnership programs Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the rental partnership programs of the Armed Forces. Such report shall include— (1) the numbers and percentages of members of the Armed Forces who do not live in housing located on military installations who participate in such programs; and (2) the recommendation of the Secretary whether Congress should establish annual funding for such programs and, if so, what in amounts. 611. One-year extension of certain expiring bonus and special pay authorities (a) Authorities relating to reserve forces Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Title 10 authorities relating to health care professionals The following sections of title 10, United States Code, are amended by striking December 31, 2021 and inserting December 31, 2022 : (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Authorities relating to nuclear officers Section 333(i) of title 37, United States Code, is amended by striking December 31, 2021 and inserting December 31, 2022. (d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 2021 and inserting December 31, 2022 : (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (e) Authority to provide temporary increase in rates of basic allowance for housing Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2021 and inserting December 31, 2022. 621. Extension of paid parental leave (a) In general Section 701 of title 10, United States Code, is amended— (1) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (A), by striking a member and all that follows through the period at the end and inserting the following: a member of the armed forces described in paragraph (2) is allowed up to a total of 12 weeks of parental leave during the one-year period beginning after the following events: (i) The birth or adoption of a child of the member and in order to care for such child. (ii) The placement of a minor child with the member for adoption or long-term foster care. ; and (ii) by striking subparagraph (B) and inserting the following: (B) (i) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) to be taken after the one-year period described in such paragraph in the case of a member described in paragraph (2) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of— (I) operational requirements; (II) professional military education obligations; or (III) other circumstances that the Secretary determines reasonable and appropriate. (ii) The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline. ; (B) by striking paragraphs (3), (8), and (10) and redesignating paragraphs (4), (5), (6), (7), and (9) as paragraphs (3), (4), (5), (6), and (7), respectively; (C) in paragraph (3), as redesignated by subparagraph (B), by striking the matter preceding the em dash and inserting A member who has given birth may receive medical convalescent leave in conjunction with such birth. Medical convalescent leave in excess of the leave under paragraph (1) may be authorized if such additional medical convalescent leave ; (D) in paragraph (4), as so redesignated, by striking paragraphs (1) and (4) and inserting paragraphs (1) and (3) ; (E) in paragraph (5)(A), as so redesignated, by inserting , subject to the exceptions in paragraph (1)(B)(ii) after shall be forfeited ; and (F) in paragraph (7)(B), as so redesignated, by striking paragraph (4) and inserting paragraph (3) ; (2) by striking subsection (j) and redesignating subsections (k) and (l) as subsections (j) and (k), respectively; and (3) by adding at the end the following new subsection (l): (l) A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and— (1) at the election of such member; or (2) in the interest of national security, as determined by the Secretary of Defense.. (b) Effective date The amendments made by subsection (a) shall take effect one year after the date of the enactment of this Act. (c) Regulations Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the amendments made by subsection (a). (d) Reporting Not later than January 1, 2023, and annually thereafter, each Secretary of a military department shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report regarding the use, during the preceding fiscal year, of leave under subsections (i) and (j) of section 701 of such title, as amended by subsection (a), disaggregated by births, adoptions, and foster placements, including the number of members of the Armed Forces who— (1) used the maximum amount of primary caregiver leave; and (2) used leave in multiple increments. 622. Bereavement leave for members of the Armed Forces (a) In general Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection: (m) (1) (A) Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subparagraph (B) is allowed up to two weeks of leave to be used in connection with the death of an immediate family member. (B) Subparagraph (A) applies to the following members: (A) A member on active duty. (B) A member of a reserve component performing active Guard and Reserve duty. (C) A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months. (2) Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) shall not have his or her leave account reduced as a result of taking such leave if such member’s accrued leave is fewer than 30 days. Members with 30 or more days of accrued leave shall be charged for bereavement leave until such point that the member’s accrued leave is less than 30 days. Any remaining bereavement leave taken by such member in accordance with paragraph (1) after such point shall not be chargeable to the member. (3) In this section, the term immediate family member , with respect to a member of the armed forces, means— (A) the member's spouse; or (B) a child of the member.. (b) Effective date The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. 623. Travel and transportation allowances for family members to attend the funeral and memorial services of members Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: (18) Presence of family members at the funeral and memorial services of members.. 624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care Section 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by inserting (1) before The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate.. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States (a) In general The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the authority under subsection (b) to hire spouses of members of the uniformed services at locations outside the United States. (b) Authority In carrying out the pilot program under this section, the Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such chapter), a spouse of a member of the uniformed services stationed at a duty location outside the United States to a position described in subsection (c) if— (1) the spouse has been authorized to accompany the member to the duty location at Government expense; and (2) the duty location is within reasonable commuting distance, as determined by the Secretary concerned, of the location of the position. (c) Position described A position described in this subsection is a competitive service position within the Department of Defense that is located outside the United States. (d) Term of appointment (1) In general An appointment made under this section shall be for a term not exceeding two years. (2) Renewal The Secretary of Defense may renew an appointment made under this section for not more than two additional terms, each not exceeding two years. (3) Termination An appointment made under this section shall terminate on the date on which the member of the uniformed services relocates back to the United States in connection with a permanent change of station. (e) Payment of travel and transportation allowances Nothing in this section may be construed to authorize additional travel or transportation allowances in connection with an appointment made under this section. (f) Relationship to other law Nothing in this section may be construed to interfere with— (1) the authority of the President under section 3304 of title 5, United States Code; (2) the authority of the President under section 1784 of title 10, United States Code; (3) the ability of the head of an agency to make noncompetitive appointments pursuant to section 3330d of title 5, United States Code; or (4) any obligation under any applicable treaty, status of forces agreement, or other international agreement between the United States Government and the government of the country in which the position is located. (g) Reports required (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the following: (A) The number of individuals appointed under this section. (B) The position series and grade to which each individual described in subparagraph (A) was appointed. (C) Demographic data on the individuals described in subparagraph (A), including with respect to race, gender, age, and education level attained. (D) Data on the members of the uniformed services whose spouses have been appointed under this section, including the rank of each such member. (E) Such recommendations for legislative or administrative action as the Secretary considers appropriate relating to continuing or expanding the pilot program. (2) Final report Not later than December 31, 2026, the Secretary shall submit to the appropriate committees of Congress a final report setting forth the information under paragraph (1). (h) Termination The pilot program under this section shall terminate on December 31, 2026. (i) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives. (2) Secretary concerned The term Secretary concerned — (A) has the meaning given the term in section 101(a)(9) of title 10, United States Code; and (B) includes— (i) the Secretary of Commerce, with respect to matters concerning the commissioned officer corps of the National Oceanic and Atmospheric Administration; and (ii) the Secretary of Health and Human Services, with respect to matters concerning the commissioned corps of the Public Health Service. (3) Uniformed Services The term uniformed services has the meaning given the term in section 101(a)(5) of title 10, United States Code. (4) United States The term United States has the meaning given that term in section 101(a)(1) of title 10, United States Code. 626. Casualty assistance program: reform; establishment of working group (a) Casualty Assistance Reform Working Group (1) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the Casualty Assistance Reform Working Group (in this section referred to as the Working Group ). (2) Duties The Working Group shall perform the following duties: (A) Create standards and training for CAOs across the military departments. (B) Explore the possibility of establishing a unique badge designation for— (i) CAOs who have performed CAO duty more than five times; or (ii) professional CAOs. (C) Examine the current workflow of casualty affairs support across the military departments, including administrative processes and survivor engagements. (D) Perform a gap analysis and solution document that clearly identifies and prioritizes critical changes to modernize and professionalize the casualty experience for survivors. (E) Review the organization of the Office of Casualty, Mortuary Affairs and Military Funeral Honors to ensure it is positioned to coordinate policy and assist in all matters under its jurisdiction, across the Armed Forces, including any potential intersections with the Defense Prisoner of War and Missing in Action Accounting Agency. (F) Explore the establishment of— (i) an annual meeting, led by the Secretary of Defense, with gold star families; and (ii) a surviving and gold star family leadership council. (G) Recommend improvements to the family notification process of Arlington National Cemetery. (H) Explore the redesign of the Days Ahead Binder, including creating an electronic version. (I) Consider the expansion of the DD Form 93 to include more details regarding the last wishes of the deceased member. (J) Assess coordination between the Department of Defense and the Office of Survivors Assistance of the Department of Veterans Affairs. (3) Membership The membership of the Working Group shall be composed of the following: (A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as Chair of the Working Group. (B) At least one person furnished with a gold star lapel button under section 1126 of title 10, United States Code, by each Secretary of a military department. (C) Other members of the Armed Forces or civilian employees of the Department of Defense, appointed by the Secretary of Defense, based on knowledge of, and experience with, matters described in paragraph (2). (4) Report Not later than September 30, 2022, the Working Group shall submit to the Secretary of Defense a report containing the determinations and recommendations of the Working Group. (5) Termination The Working Group shall terminate upon submission of the report under paragraph (4). (b) Report required Not later than November 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the casualty assistance officer program, including the report of the Working Group. (c) Establishment of certain definitions Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall publish an interim rule that establishes standard definitions, for use across the military departments, of the terms gold star family and gold star survivor. (d) CAO defined In this section, the term CAO means a casualty assistance officer of the Armed Forces. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores Section 2484(h) of title 10, United States Code, is amended— (1) in paragraph (5), by adding at the end the following new subparagraphs: (F) Amounts made available for any purpose set forth in paragraph (1) pursuant to an agreement with a host nation. (G) Amounts appropriated for repair or reconstruction of a commissary store in response to a disaster or emergency. ; and (2) by adding at the end the following new paragraph: (6) Revenues made available under paragraph (5) for the purposes set forth in paragraphs (1), (2), and (3) may be supplemented with additional funds derived from— (A) improved management practices implemented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; and (B) the variable pricing program implemented pursuant to subsection (i).. 641. Alexander Lofgren Veterans in Parks program Section 805 of the Federal Lands Recreation Enhancement Act ( Public Law 108–447 ; 118 Stat. 3385; 16 U.S.C. 6804 ) is amended— (1) in subsection (a)(4), by striking age and disability discounted and inserting age discount and lifetime ; and (2) in subsection (b)— (A) in the heading, by striking Discounted and inserting Free and discounted ; (B) in paragraph (2)— (i) in the heading, by striking Disability discount and inserting Lifetime passes ; and (ii) by striking subparagraph (B) and inserting the following: (B) Any veteran who provides adequate proof of military service as determined by the Secretary. (C) Any member of a Gold Star Family who meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction). ; and (C) in paragraph (3)— (i) in the heading, by striking Gold star families parks pass and inserting Annual passes ; and (ii) by striking members of and all that follows through the end of the sentence and inserting members of the Armed Forces and their dependents who provide adequate proof of eligibility for such pass as determined by the Secretary.. 701. Eating disorders treatment for certain members of the Armed Forces and dependents (a) Eating disorders treatment for certain dependents Section 1079 of title 10, United States Code, is amended— (1) in subsection (a), by adding at the end the following new paragraph: (18) Treatment for eating disorders may be provided in accordance with subsection (r). ; and (2) by adding at the end the following new subsection: (r) (1) The provision of health care services for an eating disorder under subsection (a)(18) may include the following services: (A) Outpatient services for in-person or telehealth care, including partial hospitalization services and intensive outpatient services. (B) Inpatient services, which shall include residential services only if medically indicated for treatment of a primary diagnosis of an eating disorder. (2) A dependent provided health care services for an eating disorder under subsection (a)(18) shall be provided such services without regard to— (A) the age of the dependent, except with respect to residential services under paragraph (1)(B), which may be provided only to a dependent who is not eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ); and (B) except as otherwise specified in paragraph (1)(B), whether the eating disorder is the primary or secondary diagnosis of the dependent. (3) In this section, the term eating disorder has the meaning given the term feeding and eating disorders in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.. (b) Limitation with respect to retirees (1) In general Section 1086(a) of title 10, United States Code, is amended by inserting and (except as provided in subsection (i)) treatments for eating disorders after eye examinations. (2) Exception Such section is further amended by adding at the end the following new subsection: (i) If, prior to October 1, 2022, a category of persons covered by this section was eligible to receive a specific type of treatment for eating disorders under a plan contracted for under subsection (a), the general prohibition on the provision of treatments for eating disorders specified in such subsection shall not apply with respect to the provision of the specific type of treatment to such category of persons.. (c) Identification and treatment of eating disorders for members of the Armed Forces (1) In general Chapter 55 of title 10, United States Code, is amended by— (A) redesignating section 1090a as section 1090b; and (B) inserting after section 1090 the following new section: 1090a. Identifying and treating eating disorders. (a) Identification, treatment, and rehabilitation The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. (b) Facilities available (1) In this section, the term necessary facilities includes facilities that provide the services specified in section 1079(r)(1) of this title. (2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder. (c) Eating disorder defined In this section, the term eating disorder has the meaning given that term in section 1079(r) of this title.. (2) Clerical amendment The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1090a and inserting the following new items: 1090a. Identifying and treating eating disorders. 1090b. Commanding officer and supervisor referrals of members for mental health evaluations.. (d) Effective date The amendments made by this section shall take effect on October 1, 2022. 1090a. Identifying and treating eating disorders. (a) Identification, treatment, and rehabilitation The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. (b) Facilities available (1) In this section, the term necessary facilities includes facilities that provide the services specified in section 1079(r)(1) of this title. (2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder. (c) Eating disorder defined In this section, the term eating disorder has the meaning given that term in section 1079(r) of this title. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program Section 1079(a) of title 10, United States Code, as amended by section 701 , is further amended by adding at the end the following new paragraph: (19) Preconception and prenatal carrier screening tests shall be provided to eligible covered beneficiaries, with a limit per beneficiary of one test per condition per lifetime, for the following conditions: (A) Cystic Fibrosis. (B) Spinal Muscular Atrophy. (C) Fragile X Syndrome. (D) Tay-Sachs Disease. (E) Hemoglobinopathies. (F) Conditions linked with Ashkenazi Jewish descent.. 703. Revisions to TRICARE provider networks (a) TRICARE Select Section 1075 of title 10, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): (h) Authority for multiple networks in the same geographic area (1) The Secretary may establish a system of multiple networks of providers under TRICARE Select in the same geographic area or areas. (2) Under a system established under paragraph (1), the Secretary may— (A) require a covered beneficiary enrolling in TRICARE Select to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Select provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program; and (B) include beneficiaries covered by subsection (c)(2).. (b) TRICARE Prime Section 1097a of such title is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Authority for multiple networks in the same geographic area (1) The Secretary may establish a system of multiple networks of providers under TRICARE Prime in the same geographic area or areas. (2) Under a system established under paragraph (1), the Secretary may require a covered beneficiary enrolling in TRICARE Prime to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Prime provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program.. 704. Self-initiated referral process for mental health evaluations of members of the Armed Forces Section 1090a of title 10, United States Code, is amended— (1) in subsection (c), by inserting or is required to make such a referral pursuant to the process described in subsection (e)(1)(A) after mental health evaluation ; (2) by redesignating subsection (e) as subsection (g); and (3) by inserting after subsection (d) the following new subsections: (e) Self-initiated referral process (1) The regulations required by subsection (a) shall, with respect to a member of the armed forces— (A) provide for a self-initiated process that enables the member to trigger a referral for a mental health evaluation by requesting such a referral from a commanding officer or supervisor who is in a grade above E-5; (B) ensure the function of the process described in subparagraph (A) by— (i) requiring the commanding officer or supervisor of the member to refer the member to a mental health provider for a mental health evaluation as soon as practicable following the request of the member (including by providing to the mental health provider the name and contact information of the member and providing to the member the date, time, and place of the scheduled mental health evaluation); and (ii) ensure the member may request a referral pursuant to subparagraph (A) on any basis (including on the basis of a concern relating to fitness for duty, occupational requirements, safety issues, significant changes in performance, or behavioral changes that may be attributable to possible changes in mental status); and (C) ensure that the process described in subparagraph (A)— (i) reduces stigma in accordance with subsection (b), including by treating referrals for mental health evaluations made pursuant to such process in a manner similar to referrals for other medical services, to the maximum extent practicable; and (ii) protects the confidentiality of the member to the maximum extent practicable, in accordance with requirements for the confidentiality of health information under the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ) and applicable privacy laws. (2) In making a referral for an evaluation of a member of the armed forces triggered by a request made pursuant to the process described in paragraph (1)(A), if the member has made such a request on the basis of a concern that the member is a potential or imminent danger to self or others, the commanding officer or supervisor of the member shall observe the following principles: (A) With respect to safety, if the commander or supervisor determines the member is exhibiting dangerous behavior, the first priority of the commander or supervisor shall be to ensure that precautions are taken to protect the safety of the member, and others, prior to the arrival of the member at the location of the evaluation. (B) With respect to communication, prior to such arrival, the commander or supervisor shall communicate to the provider to which the member is being referred (in a manner and to an extent consistent with paragraph (1)(C)(ii)), information on the circumstances and observations that led to— (i) the member requesting the referral; and (ii) the commander or supervisor making such referral based on the request. (f) Annual training requirement On an annual basis, each Secretary concerned shall provide to the members of the Armed Forces under the jurisdiction of such Secretary a training on how to recognize personnel who may require mental health evaluations on the basis of the individual being an imminent danger to self or others, as demonstrated by the behavior or apparent mental state of the individual.. 705. Modifications to pilot program on health care assistance system Section 731(d) of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 1075 note) is amended— (1) in the matter preceding paragraph (1), by striking January 1, 2021 and inserting November 1, 2022 ; (2) in paragraph (1), by striking ; and and inserting a semicolon; (3) in paragraph (2), by striking the period and inserting ; and ; and (4) by adding at the end the following new paragraph: (3) input from covered beneficiaries who have participated in the pilot program regarding their satisfaction with, and any benefits attained from, such participation.. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program Section 706 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a)(1), by striking may carry out and inserting shall carry out ; (2) in subsection (b), by striking March 1, 2021 and inserting March 1, 2022 ; (3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; (4) by inserting after subsection (d) the following new subsection (e): (e) Reimbursement If the Secretary carries out the pilot program under subsection (a)(1), reimbursement of retail pharmacies for medication under the pilot program may not exceed the amount of reimbursement paid to the national mail-order pharmacy program under section 1074g of title 10, United States Code, for the same medication, after consideration of all manufacturer discounts, refunds, rebates, pharmacy transaction fees, and other costs. ; and (5) in subsection (f), as redesignated by paragraph (3)— (A) by striking paragraph (1) and inserting the following new paragraph (1): (1) Briefing Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the pilot program under subsection (a)(1) or on the determination of the Secretary under subsection (a)(2) that the Secretary is not permitted to carry out the pilot program. ; and (B) in paragraph (3)(A), by striking March 1, 2024 and inserting March 1, 2025. 707. Improvement of postpartum care for members of the Armed Forces and dependents (a) Clinical practice guidelines for postpartum care in military medical treatment facilities Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish clinical practice guidelines for the provision of postpartum care in military medical treatment facilities. Such guidelines shall take into account the recommendations of established professional medical associations and address the following matters: (1) Postpartum mental health assessments, including the appropriate intervals for furnishing such assessments and screening questions for such assessments (including questions relating to postpartum anxiety and postpartum depression). (2) Pelvic health evaluation and treatment, including the appropriate timing for furnishing a medical evaluation for pelvic health, considerations for providing consultations for physical therapy for pelvic health (including pelvic floor health), and the appropriate use of telehealth services. (3) Pelvic health rehabilitation services. (4) Obstetric hemorrhage treatment, including through the use of pathogen reduced resuscitative products. (b) Policy on scheduling of appointments for postpartum health care services (1) Policy required Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a policy for the scheduling of appointments for postpartum health care services in military medical treatment facilities. In developing the policy, the Secretary shall consider the extent to which it is appropriate to facilitate concurrent scheduling of appointments for postpartum care with appointments for well-baby care. (2) Pilot program authorized The Secretary may carry out a pilot program in one or more military medical treatment facilities to evaluate the effect of concurrent scheduling, to the degree clinically appropriate, of the appointments specified in paragraph (1). (c) Policy on postpartum physical fitness tests and body composition assessments Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a policy, which shall be standardized across each Armed Force to the extent practicable, for the time periods after giving birth that a member of the Armed Forces (including the reserve components) may be excused from, or provided an alternative to, a physical fitness test or a body composition assessment. (d) Briefing Not later than 270 days after the date of enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the requirements under this section. 711. Modification of certain Defense Health Agency organization requirements Section 1073c(c)(5) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting paragraph (3) or (4). 712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development (a) Consultations required Section 1073c of title 10, United States Code, as amended by section 711 , is further amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: (f) Consultations on medical research of military departments In establishing the Defense Health Agency Research and Development pursuant to subsection (e)(1), and on a basis that is not less frequent than semiannually thereafter, the Secretary of Defense shall carry out recurring consultations with each military department regarding the plans and requirements for military medical research organizations and activities of the military department.. (b) Requirements for consultations The Secretary of Defense shall ensure that consultations are carried out under section 1073c(f) of title 10, United States Code (as added by subsection (a)), to include the plans of each military department to ensure a comprehensive transition of any military medical research organizations of the military department with respect to the establishment of the Defense Health Agency Research and Development. (c) Deadline for initial consultations Initial consultations shall be carried out under section 1073c(f) of title 10, United States Code (as added by subsection (a)), with each military department by not later than March 1, 2022. 713. Authorization of program to prevent fraud and abuse in the military health system (a) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1073e the following new section: 1073f. Health care fraud and abuse prevention program (a) Program authorized (1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense. (2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency. (3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General. (b) Civil monetary penalties (1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a). (2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed— (A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and (B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d). (c) Interagency agreements The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a). (d) Rule of construction Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law. (e) Fraud and abuse defined In this section, the term fraud and abuse means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ).. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1073e the following new item: 1073f. Health care fraud and abuse prevention program.. 1073f. Health care fraud and abuse prevention program (a) Program authorized (1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense. (2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency. (3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General. (b) Civil monetary penalties (1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a). (2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed— (A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and (B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d). (c) Interagency agreements The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a). (d) Rule of construction Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law. (e) Fraud and abuse defined In this section, the term fraud and abuse means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ). 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities (a) Authority of Secretary of Defense (1) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1104 the following new section: 1104a. Shared medical facilities with Department of Veterans Affairs (a) Agreements Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Defense (1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identified for transfer. (B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) Transfer of funds to Secretary of Defense (1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred Any amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.. (2) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1104 the following new item: 1104a. Shared medical facilities with Department of Veterans Affairs.. (b) Authority of Secretary of Veterans Affairs (1) In general Chapter 81 of title 38, United States Code, is amended by inserting after section 8111A the following new section: 8111B. Shared medical facilities with Department of Defense (a) Agreements The Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Veterans Affairs (1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (c) Transfer of funds to Secretary of Veterans Affairs (1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (d) Merger of amounts transferred Any amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.. (2) Clerical amendment The table of sections at the beginning of subchapter I of chapter 81 of such title is amended by inserting after the item relating to section 8111A the following new item: 8111B. Shared medical facilities with Department of Defense.. 1104a. Shared medical facilities with Department of Veterans Affairs (a) Agreements Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Defense (1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identified for transfer. (B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) Transfer of funds to Secretary of Defense (1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred Any amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. 8111B. Shared medical facilities with Department of Defense (a) Agreements The Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Veterans Affairs (1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (c) Transfer of funds to Secretary of Veterans Affairs (1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (d) Merger of amounts transferred Any amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. 715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2567), as most recently amended by section 743 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking September 30, 2022 and inserting September 30, 2023. 716. Establishment of Department of Defense system to track and record information on vaccine administration (a) Establishment of system Section 1110 of title 10, United States Code, is amended— (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (2) by inserting after the heading the following new subsection: (a) Overall system to track and record vaccine information (1) The Secretary of Defense, in consultation with the Director of the Defense Health Agency and in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information: (A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department. (B) Any adverse reaction of the member related to such vaccine. (C) Each refusal by such a member of any vaccine that is being so administered, including vaccines licensed by the Food and Drug Administration under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) and vaccines otherwise approved or authorized. (D) Each refusal by such a member of a vaccine on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ). (E) Each refusal by such a member of an investigational new drug or a drug unapproved for its applied use that is being administered pursuant to a request or requirement of the Secretary of Defense and with respect to which the President has granted a waiver of the prior consent requirement pursuant to section 1107(f)(1) of this title. (2) In carrying out paragraph (1), the Secretary of Defense shall ensure that— (A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the information specified in such paragraph with respect to the member; (B) any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member; and (C) the system established under such paragraph is interoperable and compatible with the electronic health record system known as MHS GENESIS , or such successor system.. (b) Conforming amendments Such section is further amended— (1) in the heading, by striking Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions and inserting System for tracking and recording vaccine information; anthrax vaccine immunization program ; (2) in subsection (b), as redesignated by subsection (a)(1)— (A) in the heading, by inserting from anthrax vaccine immunization program after exemptions ; and (B) by striking Secretary of Defense and inserting Secretary ; and (3) in the heading of subsection (c), as redesignated by subsection (a)(1), by inserting to anthrax vaccine after reactions. (c) Clerical amendment The table of sections for chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1110 and inserting the following new item: 1110. System for tracking and recording vaccine information; anthrax vaccine immunization program.. (d) Deadline for establishment of system The Secretary of Defense shall establish the system under section 1110 of title 10, United States Code, as added by subsection (a), by not later than January 1, 2023. (e) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the administration of vaccines to members of the Armed Forces under the jurisdiction of the Secretary of a military department and on the status of establishing the system under section 1110(a) of title 10, United States Code (as added by subsection (a)). Such report shall include information on the following: (1) The process by which such members receive vaccines, and the process by which the Secretary tracks, records, and reports on, vaccines received by such members (including with respect to any transfers by a non-Department provider to the Department of vaccination records or other medical information of the member related to the administration of vaccines by the non-Department provider). (2) The storage of information related to the administration of vaccines in the electronic health records of such members, and the cyber protections involved in such storage, as required under such section 1110(a)(2) of title 10, United States Code. (3) The general process by which medical information of beneficiaries under the TRICARE program is collected, tracked, and recorded, including the process by which medical information from providers contracted by the Department or from a State or local department of health is transferred to the Department and associated with records maintained by the Secretary. (4) Any gaps or challenges relating to the vaccine administration process of the Department and any legislative or budgetary recommendations to address such gaps or challenges. (f) Definitions In this section: (1) The term military departments has the meaning given such term in section 101 of title 10, United States Code. (2) The term TRICARE program has the meaning given such term in section 1072 of such title. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components Section 1145(a)(5) of title 10, United States Code is amended— (1) in subparagraph (A), by striking The Secretary and inserting Except as provided in subparagraph (D), the Secretary ; and (2) by adding at the end the following new subparagraph: (D) The requirement for a physical examination and mental health assessment under subparagraph (A) shall not apply with respect to a member of a reserve component described in paragraph (2)(B) unless the member is retiring, or being discharged or dismissed, from the armed forces.. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees Section 2114(h) of title 10, United States Code, is amended— (1) by striking The Secretary of Defense and inserting (1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs, ; and (2) by adding at the end the following new paragraph: (2) (A) A covered employee whose employment or service with the Department of Veterans Affairs, Public Health Service, or Coast Guard (as applicable) is in a position relevant to national security or health sciences may receive instruction at the University within the scope of such employment or service. (B) If a covered employee receives instruction at the University pursuant to subparagraph (A), the head of the Federal agency concerned shall reimburse the University for the cost of providing such instruction to the covered employee. Amounts received by the University under this subparagraph shall be retained by the University to defray the costs of such instruction. (C) Notwithstanding subsections (b) through (e) and subsection (i), the head of the Federal agency concerned shall determine the service obligations of the covered employee receiving instruction at the University pursuant to subparagraph (A) in accordance with applicable law. (D) In this paragraph— (i) the term covered employee means an employee of the Department of Veterans Affairs, a civilian employee of the Public Health Service, a member of the commissioned corps of the Public Health Service, a member of the Coast Guard, or a civilian employee of the Coast Guard; and (ii) the term head of the Federal agency concerned means the head of the Federal agency that employs, or has jurisdiction over the uniformed service of, a covered employee permitted to receive instruction at the University under subparagraph (A) in the relevant position described in such subparagraph.. 719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs Section 729 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1073 note) is amended— (1) in subsection (a)(1), by striking in the previous year ; (2) in subsection (b), by striking in the previous year ; and (3) in subsection (c), by striking in the previous year. 720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines (a) Standards The Secretary of Defense shall establish uniform standards under which covered members may be exempted from receiving an otherwise mandated COVID–19 vaccine for administrative, medical, or religious reasons. (b) Definitions In this section: (1) The term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department. (2) The term COVID–19 vaccine means any vaccine for the coronavirus disease 2019 (COVID–19), including any subsequent booster shot for COVID–19. 721. Establishment of centers of excellence for enhanced treatment of ocular injuries (a) In general Not later than October 1, 2023, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall establish within the Defense Health Agency not fewer than four regional centers of excellence for the enhanced treatment of— (1) ocular wounds or injuries; and (2) vision dysfunction related to traumatic brain injury. (b) Location of centers Each center of excellence established under subsection (a) shall be located at a military medical center that provides graduate medical education in ophthalmology and related subspecialties and shall be the primary center for providing specialized medical services for vision for members of the Armed Forces in the region in which the center of excellence is located. (c) Policies for referral of beneficiaries Not later than October 1, 2023, the Director of the Defense Health Agency shall publish on a publicly available internet website of the Department of Defense policies for the referral of eligible beneficiaries of the Department to centers of excellence established under subsection (a) for evaluation and treatment. (d) Identification of medical personnel billets and staffing The Secretary of each military department, in conjunction with the Joint Staff Surgeon and the Director of the Defense Health Agency, shall identify specific medical personnel billets essential for the evaluation and treatment of ocular sensory injuries and ensure that centers of excellence established under subsection (a) are staffed with such personnel at the level required for the enduring medical support of each such center. (e) Briefing Not later than December 31, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that— (1) describes the establishment of each center of excellence established under subsection (a), to include the location, capability, and capacity of each such center; (2) describes the referral policy published by the Defense Health Agency under subsection (c); (3) identifies the medical personnel billets identified under subsection (d); and (4) provides a plan for the staffing of personnel at such centers to ensure the enduring medical support of each such center. (f) Military medical center defined In this section, the term military medical center means a medical center described in section 1073d(b) of title 10, United States Code. 722. Implementation of integrated product for management of population health across military health system (a) Integrated product The Secretary of Defense shall develop and implement an integrated product for the management of population health across the military health system. Such integrated product shall serve as a repository for the health care, demographic, and other relevant data of all covered beneficiaries, including with respect to data on health care services furnished to such beneficiaries through the purchased care and direct care components of the TRICARE program, and shall— (1) be compatible with the electronic health record system maintained by the Secretary for members of the Armed Forces; (2) enable the collection and stratification of data from multiple sources to measure population health goals, facilitate disease management programs of the Department, improve patient education, and integrate wellness services across the military health system; and (3) enable predictive modeling to improve health outcomes for patients and to facilitate the identification and correction of medical errors in the treatment of patients, issues regarding the quality of health care services provided, and gaps in health care coverage. (b) Considerations in development In developing the integrated product under subsection (a), the Secretary shall harmonize such development with any policies of the Department relating to a digital health strategy (including the digital health strategy under section 723 ), coordinate with improvements to the electronic health record system specified in subsection (a)(1) to ensure the compatibility required under such subsection, and consider methods to improve beneficiary interface. (c) Definitions In this section: (1) The terms covered beneficiary and TRICARE program have the meanings given such terms in section 1072 of title 10, United States Code. (2) The term integrated product means an electronic system of systems (or solutions or products) that provides for the integration and sharing of data to meet the needs of an end user in a timely and cost-effective manner. 723. Digital health strategy of Department of Defense (a) Digital health strategy (1) Strategy Not later than April 1, 2022, the Secretary of Defense shall develop a digital health strategy of the Department of Defense to incorporate new and emerging technologies and methods (including three-dimensional printing, virtual reality, wearable devices, big data and predictive analytics, distributed ledger technologies, and other innovative methods that leverage new or emerging technologies) in the provision of clinical care within the military health system. (2) Elements The strategy under paragraph (1) shall address, with respect to future use within the military health system, the following: (A) Emerging technology to improve the delivery of clinical care and health services. (B) Emerging technology to improve the patient experience in matters relating to medical case management, appointing, and referrals in both the direct care and purchased care components of the TRICARE program, as such term is defined in section 1072 of title 10, United States Code. (C) Design thinking to improve the delivery of clinical care and health services. (D) Advanced clinical decision support systems. (E) Simulation technologies for clinical training (including through simulation immersive training) and clinical education, and for the training of health care personnel in the adoption of emerging technologies for clinical care delivery. (F) Wearable devices. (G) Three-dimensional printing and related technologies. (H) Data-driven decision making, including through the use of big data and predictive analytics, in the delivery of clinical care and health services. (b) Briefing Not later than July 1, 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing setting forth— (1) the strategy under subsection (a); and (2) a plan to implement such strategy, including the estimated timeline and cost for such implementation. 724. Development and update of certain policies relating to military health system and integrated medical operations (a) In general By not later than October 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop and update certain policies relating to the military health system and integrated medical operations of the Department of Defense as follows: (1) Updated plan on integrated medical operations in continental United States The Secretary of Defense shall develop an updated plan on integrated medical operations in the continental United States and update the Department of Defense Instruction 6010.22, titled National Disaster Medical System (NDMS) (or such successor instruction) accordingly. Such updated plan shall— (A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817); (B) include an updated bed plan, to include bed space available through the military health system and through hospitals participating in the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ); (C) include a determination as to whether combat casualties should receive medical care under the direct care or purchased care component of the military health system and a risk analysis in support of such determination; (D) identify the manning levels required to furnish medical care under the updated plan, including with respect to the levels of military personnel, civilian employees of the Department, and contractors of the Department; and (E) include a cost estimate for the furnishment of such medical care. (2) Updated plan on global patient movement The Secretary of Defense shall develop an updated plan on global patient movement and update the Department of Defense Instruction 5154.06, relating to medical military treatment facilities and patient movement (or such successor instruction) accordingly. Such updated plan shall— (A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817); (B) include a risk assessment with respect to patient movement compared against overall operational plans; (C) include a description of any capabilities-based assessment of the Department that informed the updated plan or that was in progress during the time period in which the updated plan was developed; (D) identify the manning levels, equipment and consumables, and funding levels, required to carry out the updated plan; and (E) address airlift capability, medical evacuation capability, and access to ports of embarkation. (3) Assessment of biosurveillance and medical research capabilities The Secretary of Defense shall conduct an assessment of the biosurveillance and medical research capabilities of the Department of Defense. Such assessment shall include the following: (A) An identification of the location and strategic value of the overseas medical laboratories and overseas medical research programs of the Department. (B) An assessment of the current capabilities of such laboratories and programs with respect to force health protection and evidence-based medical research. (C) A determination as to whether such laboratories and programs have the capabilities, including as a result of the geographic location of such laboratories and programs, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces. (D) The current biosurveillance and medical research capabilities of the Department. (E) The current manning levels of the biosurveillance and medical research entities of the Department, including an assessment of whether such entities are manned at a level necessary to support the missions of the combatant commands (including with respect to missions related to pandemic influenza or homeland defense). (F) The current funding levels of such entities, including a risk assessment as to whether such funding is sufficient to sustain the manning levels necessary to support missions as specified in subparagraph (E). (b) Interim briefing Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the progress of implementation of the plans and assessment required under subsection (a). (c) Report Not later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing each updated plan and assessment required under subsection (a). 725. Mandatory training on health effects of burn pits The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits. 726. Standardization of definitions used by the Department of Defense for terms related to suicide (a) Standardization of definitions Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop standardized definitions for the following terms: (1) Suicide. (2) Suicide attempt. (3) Suicidal ideation. (b) Required use of standardized definitions Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue policy guidance requiring the exclusive and uniform use across the Department of Defense and within each military department of the standardized definitions developed under subsection (a) for the terms specified in such subsection. (c) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that sets forth the standardized definitions developed under subsection (a) and includes— (1) a description of the process that was used to develop such definitions; (2) a description of the methods by which data shall be collected on suicide, suicide attempts, and suicidal ideations (as those terms are defined pursuant to such definitions) in a standardized format across the Department and within each military department; and (3) an implementation plan to ensure the use of such definitions as required pursuant to subsection (b). 731. Modifications and reports related to military medical manning and medical billets (a) Military medical manning and medical billets (1) Modifications to limitation on reduction or realignment Section 719 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1454), as amended by section 717 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (A) in subsection (a), by striking 180 days following the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and inserting the year following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; and (B) in subsection (b)(1), by inserting , including any billet validation requirements determined pursuant to estimates provided in the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), after requirements of the military department of the Secretary. (2) GAO report on reduction or realignment of military medical manning and medical billets (A) Report Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the analyses used to support any reduction or realignment of military medical manning, including any reduction or realignment of medical billets of the military departments. (B) Elements The report under subparagraph (A) shall include the following: (i) An analysis of the use of the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817) and wartime scenarios to determine military medical manpower requirements, including with respect to pandemic influenza and homeland defense missions. (ii) An assessment of whether the Secretaries of the military departments have used the processes under section 719(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1454) to ensure that a sufficient combination of skills, specialties, and occupations are validated and filled prior to the transfer of any medical billets of a military department to fill other military medical manpower needs. (iii) An assessment of the effect of the reduction or realignment of such billets on local health care networks and whether the Director of the Defense Health Agency has conducted such an assessment in coordination with the Secretaries of the military departments. (b) Assignment of medical and dental personnel of the military departments to military medical treatment facilities (1) Deadline for assignment The Secretaries of the military departments shall ensure that the Surgeons General of the Armed Forces carry out fully the requirements of section 712(b)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1073c note) by not later than September 30, 2022. (2) Additional requirement for Walter Reed National Military Medical Center (A) Assignment of military personnel For fiscal years 2023 through 2027, except as provided in subparagraph (B), the Secretary of Defense shall ensure that the Secretaries of the military departments assign to the Walter Reed National Military Medical Center sufficient military personnel to meet not less than 85 percent of the joint table of distribution in effect for such facility on December 23, 2016. (B) Exception Subparagraph (A) shall not apply to any fiscal year for which the Secretary of Defense certifies at the beginning of such fiscal year to the Committees on Armed Services of the Senate and the House of Representatives that notwithstanding the failure to meet the requirement under such paragraph, the Walter Reed National Military Medical Center is fully capable of carrying out all significant activities as the premier medical center of the military health system. (3) Reports (A) In general Not later than September 30, 2022, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the compliance of the military department concerned with this subsection. Each such report shall include— (i) an accounting of the number of uniformed personnel and civilian personnel assigned to a military medical treatment facility as of October 1, 2019; and (ii) a comparable accounting as of September 30, 2022. (B) Explanation If the number specified in clause (ii) of subparagraph (A) is less than the number specified in clause (i) of such subparagraph, the Secretary concerned shall provide a full explanation for the reduction. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions (a) Assessment The Secretary of Defense shall provide to employees of the United States Government and their family members who the Secretary determines are experiencing symptoms of certain anomalous health conditions, as defined by the Secretary for purposes of this section, timely access for medical assessment, subject to space availability, to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. (b) Treatment With respect to an individual described in subsection (a) diagnosed with an anomalous health condition or a related affliction, whether diagnosed under an assessment under subsection (a) or otherwise, the Secretary of Defense shall furnish to the individual treatment for the condition or affliction, subject to space availability, at the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. (c) Development of process The Secretary of Defense, in consultation with the heads of such Federal agencies as the Secretary considers appropriate, shall develop a process to ensure that employees from those agencies and their family members are afforded timely access to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility pursuant to subsection (a) by not later than 60 days after the date of the enactment of this Act. (d) Modification of Department of Defense Trauma Registry The Secretary of Defense shall modify the Trauma Registry of the Department of Defense to include data on the demographics, condition-producing event, diagnosis and treatment, and outcomes of anomalous health conditions experienced by employees of the United States Government and their family members assessed or treated under this section, subject to an agreement by the employing agency and the consent of the employee. 733. Pilot program on cardiac screening at certain military service academies (a) Pilot program The Secretary of Defense shall establish a pilot program to furnish mandatory electrocardiograms to individuals who have been admitted to a covered military service academy in connection with the military accession screening process, at no cost to such candidates. (b) Scope The scope of the pilot program under subsection (a) shall include at least 25 percent of the incoming class of individuals who have been admitted to a covered military service academy during the first fall semester that follows the date of the enactment of this Act, and the pilot program shall terminate on the date on which the Secretary determines the military accession screening process for such class has concluded. (c) Furnishing of electrocardiograms In carrying out the pilot program under subsection (a), the Secretary shall furnish each mandatory electrocardiogram under the pilot program in a facility of the Department of Defense or by medical personnel within the military health system. (d) Briefing Not later than 180 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the pilot program. Such briefing shall include the following: (1) The results of all electrocardiograms furnished to individuals under the pilot program, disaggregated by military service academy, race, and gender. (2) The rate of significant cardiac issues detected pursuant to electrocardiograms furnished under the pilot program, disaggregated by military service academy, race, and gender. (3) The cost of carrying out the pilot program. (4) The number of individuals, if any, who were disqualified from admission based solely on the result of an electrocardiogram furnished under the pilot program. (e) Covered military service academy defined In this section, the term covered military service academy does not include the United States Coast Guard Academy or the United States Merchant Marine Academy. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities (a) Pilot program Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence a pilot program, to be carried out for at least a one-year period, to provide direct assistance for mental health appointment scheduling under the direct care and purchased care components of the TRICARE program, through facilities and clinics selected by the Secretary for participation in the pilot program in a number determined by the Secretary. (b) Briefings (1) First briefing Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the nature of the pilot program under subsection (a). (2) Final briefing Not later than 90 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the pilot program. Such briefing shall include an assessment of— (A) the effectiveness of the pilot program with respect to improved access to mental health appointments; and (B) any barriers to scheduling mental health appointments under the pilot program observed by health care professionals or other individuals involved in scheduling such appointments. (c) TRICARE program defined In this section, the term TRICARE program has the meaning given such term in section 1072 of title 10, United States Code. 735. Prohibition on availability of funds for certain research connected to China (a) Prohibition None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to fund any work to be performed by EcoHealth Alliance, Inc. in China on research supported by the government of China. (b) Waiver The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary— (1) determines that the waiver is in the national security interests of the United States; and (2) not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including— (A) an identification of the Department of Defense entity obligating or expending the funds; (B) an identification of the amount of such funds; (C) an identification of the intended purpose of such funds; (D) an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable); (E) an explanation for how the waiver is in the national security interests of the United States; and (F) any other information the Secretary determines appropriate. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine (a) Limitation During the period of time beginning on August 24, 2021, and ending on the date that is two years after the date of the enactment of this Act, any administrative discharge of a covered member, on the sole basis that the covered member failed to obey a lawful order to receive a vaccine for COVID–19, shall be— (1) an honorable discharge; or (2) a general discharge under honorable conditions. (b) Definitions In this section: (1) The terms Armed Forces and military departments have the meanings given such terms in section 101 of title 10, United States Code. (2) The term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department. 737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program (a) Agreement (1) In general The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the National Academies ) for the National Academies to carry out the activities described in subsections (b) and (c). (2) Timing The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act. (b) Analysis by the National Academies (1) Analysis Under an agreement between the Secretary and the National Academies entered into pursuant to subsection (a), the National Academies shall conduct an analysis of the effectiveness of the Department of Defense Comprehensive Autism Care Demonstration program (in this section referred to as the demonstration program ) and develop recommendations for the Secretary based on such analysis. (2) Elements The analysis conducted and recommendations developed under paragraph (1) shall include the following: (A) An assessment of all methods used to assist in the assessment of domains related to autism spectrum disorder, including a determination as to whether the Secretary is applying such methods appropriately under the demonstration project. (B) An assessment of the methods used under the demonstration project to measure the effectiveness of applied behavior analysis in the treatment of autism spectrum disorder. (C) A review of any guidelines or industry standards of care adhered to in the provision of applied behavior analysis services under the demonstration program, including a review of the effects of such adherence with respect to dose-response or health outcomes for an individual who has received such services. (D) A review of the health outcomes for an individual who has received applied behavior analysis treatments over time. (E) An analysis of the increased utilization of the demonstration program by beneficiaries under the TRICARE program, to improve understanding of such utilization. (F) Such other analyses to measure the effectiveness of the demonstration program as may be determined appropriate by the National Academies. (G) An analysis on whether the incidence of autism is higher among the children of military families. (H) The development of a list of recommendations related to the measurement, effectiveness, and increased understanding of the demonstration program and its effect on beneficiaries under the TRICARE program. (c) Report Under an agreement entered into between the Secretary and the National Academies under subsection (a), the National Academies, not later than nine months after the date of the execution of the agreement, shall— (1) submit to the congressional defense committees a report on the findings of the National Academies with respect to the analysis conducted and recommendations developed under subsection (b); and (2) make such report available on a public website in unclassified form. 738. Independent review of suicide prevention and response at military installations (a) Establishment of committee Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish an independent suicide prevention and response review committee. (b) Membership The committee established under subsection (a) shall be composed of not fewer than five individuals— (1) designated by the Secretary; (2) with expertise determined to be relevant by the Secretary, including at least one individual who is an experienced provider of mental health services; and (3) none of whom may be a member of an Armed Force or a civilian employee of the Department of Defense. (c) Selection of military installations (1) In general The Secretary shall select, for review by the committee established under subsection (a), at least one military installation under the jurisdiction of each military department. (2) Inclusion of remote installation The Secretary shall ensure that, of the total military installations selected for review under paragraph (1), at least one such installation is a remote installation of the Department of Defense located outside the contiguous United States. (d) Duties The committee established under subsection (a) shall review the suicide prevention and response programs and other factors that may contribute to the incidence or prevention of suicide at the military installations selected for review pursuant to subsection (c). Such review shall be conducted through means including— (1) a confidential survey; (2) focus groups; and (3) individual interviews. (e) Coordination In carrying out this section, the Secretary shall ensure that the Director of the Office of People Analytics of the Department of Defense and the Director of the Office of Force Resiliency of the Department of Defense coordinate and cooperate with the committee established under subsection (a). (f) Reports (1) Report to Secretary Not later than 270 days after the date of the establishment of the committee under subsection (a), the committee shall submit to the Secretary a report containing the results of the reviews conducted by the committee and recommendations of the committee to reduce the incidence of suicide at the military installations reviewed. (2) Report to Congress Not later than 330 days after the date of the establishment of the committee under subsection (a), the committee shall submit to the Committees on Armed Services of the House of Representatives and the Senate the report under paragraph (1). (g) Termination The committee established under subsection (a) shall terminate on a date designated by the Secretary as the date on which the work of the committee has been completed. (h) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee established under subsection (a). 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam (a) Study Not later than April 1, 2022, the Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Director of the Air National Guard, shall complete a study on the feasibility and advisability of establishing at Joint Base Pearl Harbor-Hickam an aeromedical squadron of the Air National Guard in Hawaii to support the aeromedical mission needs of the United States Indo-Pacific Command. (b) Elements The study under subsection (a) shall assess the following: (1) The manpower required for the establishment of an aeromedical squadron of the Air National Guard in Hawaii as specified in subsection (a). (2) The overall cost of such establishment. (3) The length of time required for such establishment. (4) The mission requirements for such establishment. (5) Such other matters as may be determined relevant by the Secretary. (c) Briefing Not later than April 1, 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the findings of the feasibility and advisability study under subsection (a), including with respect to each element specified in subsection (b). 740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty (a) Study The Secretary of Defense shall conduct a study on the incidence of breast cancer among members of the Armed Forces serving on active duty. (b) Elements The study under subsection (a) shall include the following: (1) A determination of the number of members of the Armed Forces who served on active duty at any time during the period beginning on January 1, 2011, and ending on the date of the enactment of this Act who were diagnosed with breast cancer during such period. (2) A determination of demographic information regarding such members, including race, ethnicity, sex, age, military occupational specialty, and rank. (3) A comparison of the rates of members of the Armed Forces serving on active duty who have breast cancer to civilian populations with comparable demographic characteristics. (4) An identification of potential factors associated with service in the Armed Forces that could increase the risk of breast cancer for members of the Armed Forces serving on active duty. (5) To the extent the data are available, an identification of overseas locations associated with airborne hazards, such as burn pits, and members of the Armed Forces diagnosed with breast cancer who served on active duty in such locations. (6) An assessment of the effectiveness of outreach by the Department of Defense to members of the Armed Forces to identify risks of, prevent, detect, and treat breast cancer. (7) An assessment of the feasibility and advisability of changing the current mammography screening policy of the Department to incorporate all members of the Armed Forces who deployed overseas to an area associated with airborne hazards, such as burn pits. (8) An assessment of the feasibility and advisability of conducting digital breast tomosynthesis at facilities of the Department that provide mammography services. (9) Such recommendations as the Secretary may have for changes to policy or law that could improve the prevention, early detection, awareness, and treatment of breast cancer among members of the Armed Forces serving on active duty, including any additional resources needed. (c) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings and recommendations of the study under subsection (a), including a description of any further unique military research needed with respect to breast cancer. 741. GAO biennial study on Individual Longitudinal Exposure Record program (a) Studies and reports required Not later than December 31, 2023, and once every two years thereafter until December 31, 2030, the Comptroller General of the United States shall— (1) conduct a study on the implementation and effectiveness of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs; and (2) submit to the appropriate congressional committees a report containing the findings of the most recently conducted study. (b) Elements The biennial studies under subsection (a) shall include an assessment of elements as follows: (1) Initial study The initial study conducted under subsection (a) shall assess, at a minimum, the following: (A) Statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program. (B) Costs associated with the program, including any cost overruns associated with the program. (C) The capacity to expand the program to include the medical records of veterans who served prior to the establishment of the program. (D) Any illness recently identified as relating to a toxic exposure (or any guidance relating to such an illness recently issued) by either the Secretary of Defense or the Secretary of Veterans Affairs, including any such illness or guidance that relates to open burn pit exposure. (E) How the program has enabled (or failed to enable) the discovery, notification, and medical care of individuals affected by an illness described in subparagraph (D). (F) Physician and patient feedback on the program, particularly feedback that relates to ease of use. (G) Cybersecurity and privacy protections of patient data stored under the program, including whether any classified or restricted data has been stored under the program (such as data relating to deployment locations or duty stations). (H) Any technical or logistical impediments to the implementation or expansion of the program, including any impediments to the inclusion in the program of databases or materials originally intended to be included. (I) Any issues relating to read-only access to data under the program by veterans. (J) Any issues relating to the interoperability of the program between the Department of Defense and the Department of Veterans Affairs. (2) Subsequent studies Except as provided in paragraph (3), each study conducted under subsection (a) following the initial study specified in paragraph (1) shall assess— (A) statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program; and (B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1). (3) Final study The final study conducted under subsection (a) shall assess— (A) the elements specified in subparagraphs (A), (B), (D), (E), (F), and (H) of paragraph (1); and (B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1). (c) Access by Comptroller General (1) Information and materials Upon request of the Comptroller General, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Comptroller General any information or other materials necessary for the conduct of each biennial study under subsection (a). (2) Interviews In addition to such other authorities as are available, the Comptroller General shall have the right to interview officials and employees of the Department of Defense and the Department of Veterans Affairs (including clinicians, claims adjudicators, and researchers) as necessary for the conduct of each biennial study under subsection (a). (d) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate. (2) The term Secretary concerned means— (A) the Secretary of Defense, with respect to matters concerning the Department of Defense; and (B) the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs. 742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system (a) Study (1) In general The Comptroller General of the United States shall conduct a study on the implementation by the Department of Defense of statutory requirements to reform the military health system contained in a covered Act. (2) Elements The study required by paragraph (1) shall include the following elements: (A) A compilation of a list of, and citation for, each statutory requirement on reform of the military health system contained in a covered Act. (B) An assessment of the extent to which such requirement was implemented, or is currently being implemented. (C) An evaluation of the actions taken by the Department of Defense to assess and determine the effectiveness of actions taken pursuant to such requirement. (D) Such other matters in connection with the implementation of such requirement as the Comptroller General considers appropriate. (b) Briefing and report (1) Briefing Not later than May 1, 2022, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the study conducted under subsection (a). (2) Report Not later than May 1, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a) that includes the elements specified in paragraph (2) of such subsection. (c) Covered Act defined In this section, the term covered Act means any of the following: (1) The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) The National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (3) The John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ). (4) The National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ). (5) The National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ). (6) The National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ). (7) The Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ). (8) The National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ). (9) The National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (10) The National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ). 743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office (a) Study The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall conduct a study to determine— (1) whether there is a validated need or military requirement for the development of a joint fund of the Department of Defense and the Department of Veterans Affairs for the Federal Electronic Health Record Modernization Office; and (2) whether the operations of the Federal Electronic Health Record Modernization Office since its establishment, including how the Office has supported the implementation of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs, justify the development of a potential joint fund. (b) Elements The study under subsection (a) shall assess the following: (1) Justifications for the development of the joint fund. (2) The potential resource allocation and funding commitments for the Department of Defense and Department of Veterans Affairs with respect to the joint fund. (3) Options for the governance structure of the joint fund, including how accountability would be divided between the Department of Defense and the Department of Veterans Affairs. (4) The anticipated contents of the joint fund, including the anticipated process for annual transfers to the joint fund from the Department of Defense and the Department of Veterans Affairs, respectively. (5) An estimated timeline for the potential establishment of the joint fund. (6) The progress and accomplishments of the Federal Electronic Health Record Modernization Office during fiscal year 2021 in fulfilling the purposes specified in subparagraphs (C) through (R) of section 1635(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181 ; 10 U.S.C. 1071 note). (c) Report Not later than July 1, 2022, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall submit to the appropriate congressional committees a report on the findings of the study under subsection (a), including recommendations on the development of the joint fund specified in such subsection. Such recommendations shall address— (1) the purpose of the joint fund; and (2) requirements related to the joint fund. (d) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committees on Armed Services of the House of Representatives and the Senate; and (B) the Committees on Veterans’ Affairs of the House of Representatives and the Senate. (2) The term Electronic Health Record Modernization Program has the meaning given such term in section 503(e) of the Veterans Benefits and Transition Act of 2018 ( Public Law 115–407 ; 132 Stat. 5376). (3) The term Federal Electronic Health Record Modernization Office means the Office established under section 1635(b) of the Wounded Warrior Act (title XVI of Public Law 110–181 ; 10 U.S.C. 1071 note). 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes Not later than April 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the development of a capability for the domestic production of critical active pharmaceutical ingredients and drug products in finished dosage form for national security purposes. Such briefing shall include a description of the following: (1) The anticipated cost over the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code (as of the date of the briefing), to develop such a domestic production capability for critical active pharmaceutical ingredients. (2) The cost of producing critical active pharmaceutical ingredients through such a domestic production capability, as compared with the cost of standard manufacturing processes used by the pharmaceutical industry. (3) The average time to produce critical active pharmaceutical ingredients through such a domestic production capability, as compared with the average time to produce such ingredients through standard manufacturing processes used by the pharmaceutical industry. (4) Any intersections between the development of such a domestic production capability, the military health system, and defense-related medical research or operational medical requirements. (5) Lessons learned from the progress made in developing such a domestic production capability as of the date of the briefing, including from any contracts entered into by the Secretary with respect to such a domestic production capability. (6) Any critical active pharmaceutical ingredients that are under consideration by the Secretary for future domestic production as of the date of the briefing. (7) The plan of the Secretary regarding the future use of such a domestic production capability for critical active pharmaceutical ingredients. 745. Briefing on substance abuse in the Armed Forces (a) Briefing Not later than June 1, 2022, the Under Secretary of Defense for Personnel and Readiness shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on substance abuse policy, strategy, and programs within the Department of Defense. (b) Elements The briefing required under subsection (a) shall include each of the following elements: (1) With respect to policy, an overview of the policies of the Department of Defense and the military departments with respect to substance abuse, including for covered beneficiaries, and how each such policy is synchronized, including any definitions of the term substance abuse. (2) With respect to background data— (A) an analysis of the trends in substance abuse across the active and reserve components of the Armed Forces over the preceding 10-year period, including the types of care (residential, outpatient, or other), any variation in such trends for demographics or geographic locations of members who have been deployed, and any other indicators that the Under Secretary determines may allow for further understanding of substance abuse programs; and (B) an analysis of trends in substance abuse for covered beneficiaries over the preceding 10-year period, including any variation in such trends for demographics, geographic location, or other indicators that the Under Secretary determines may allow for further understanding of substance abuse programs. (3) With respect to strategic communication, an overview of the strategic communication plan on substance abuse, including different forms of media and initiatives being undertaken. (4) With respect to treatment— (A) a description of the treatment options available and prescribed for substance abuse for members of the Armed Forces and covered beneficiaries, including the different environments of care, such as hospitals, residential treatment facilities, outpatient care, and other care as appropriate; (B) a description of any non-catchment area care which resulted in the nonavailability of military medical treatment facility or military installation capabilities for substance use disorder treatment and the costs associated with sending members of the Armed Forces and covered beneficiaries to non-catchment areas for such treatment; (C) a description of the synchronization between substance abuse programs, mental health treatment, and case management, where appropriate; (D) a description of how substance abuse treatment clinical practice guidelines are used and how frequently such guidelines are updated; and (E) the metrics and outcomes that are used to determine whether substance abuse treatments are effective. (5) The funding lines and the amount of funding the Secretary of Defense and the Secretary of each of the military departments have obligated for substance abuse programs for each of the preceding 10 fiscal years. (c) Definitions In this section: (1) The term catchment area means the approximately 40-mile radius surrounding a military medical treatment facility or military installation, as the case may be. (2) The term covered beneficiary has the meaning given such term in section 1072 of title 10, United States Code. 801. Acquisition workforce educational partnerships (a) In general Subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after section 1746 the following new section: 1746a. Acquisition workforce educational partnerships (a) Establishment The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to— (1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense; (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce; (3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking; (4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce; (5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and (6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by— (A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 2361a of this title; (B) supporting the preparation and drafting of the reports required under subsection (f)(2); and (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period. (b) Senior official Not later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section. (c) Support from other department of defense organizations The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate. (d) Funding Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section. (e) Annual reports Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted. (f) Exemption to report termination requirements Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section. (g) Definitions In this section: (1) Acquisition workforce The term acquisition workforce has the meaning given such term in section 1705(g) of this title. (2) Extramural institutions The term extramural institutions means participants in an activity established under section 2361a of this title, public sector organizations, and nonprofit credentialing organizations.. (b) Clerical amendment The table of sections for subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after the item relating to section 1746 the following new item: 1746a. Acquisition workforce educational partnerships.. 1746a. Acquisition workforce educational partnerships (a) Establishment The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to— (1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense; (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce; (3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking; (4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce; (5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and (6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by— (A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 2361a of this title; (B) supporting the preparation and drafting of the reports required under subsection (f)(2); and (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period. (b) Senior official Not later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section. (c) Support from other department of defense organizations The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate. (d) Funding Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section. (e) Annual reports Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted. (f) Exemption to report termination requirements Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section. (g) Definitions In this section: (1) Acquisition workforce The term acquisition workforce has the meaning given such term in section 1705(g) of this title. (2) Extramural institutions The term extramural institutions means participants in an activity established under section 2361a of this title, public sector organizations, and nonprofit credentialing organizations. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations (a) Prohibition (1) In general Chapter 148 of title 10, United States Code, is amended by inserting after section 2533d the following new section: 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations (a) In general Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. (b) Applicability Subsection (a) shall apply to prime contracts and subcontracts at any tier. (c) Exceptions (1) In general Subsection (a) does not apply under the following circumstances: (A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. (B) The procurement of a covered item for use outside of the United States. (C) Purchases for amounts not greater than $150,000. (2) Limitation A proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. (d) Definitions In this section: (1) Covered item The term covered item means an article or item of— (A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or (B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. (2) Covered nation The term covered nation means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran.. (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2533d the following: 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.. (b) Future transfer (1) Transfer and redesignation Section 2533e of title 10, United States Code, as added by subsection (a), is transferred to the end of subchapter III of chapter 385 of such title, as added by section 1870(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, and redesignated as section 4875. (2) Clerical amendments (A) Target chapter table of sections The table of sections for subchapter III of chapter 385 of title 10, United States Code, as added by section 1870(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by adding at the end the following new item: 4875. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.. (B) Origin chapter table of sections The table of sections at the beginning of chapter 148 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2533e. (3) Effective date The transfer, redesignation, and amendments made by this subsection shall take effect immediately after the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 take effect. (4) References; savings provision; rule of construction Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations (a) In general Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. (b) Applicability Subsection (a) shall apply to prime contracts and subcontracts at any tier. (c) Exceptions (1) In general Subsection (a) does not apply under the following circumstances: (A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. (B) The procurement of a covered item for use outside of the United States. (C) Purchases for amounts not greater than $150,000. (2) Limitation A proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. (d) Definitions In this section: (1) Covered item The term covered item means an article or item of— (A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or (B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. (2) Covered nation The term covered nation means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran. 803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures (a) Authority (1) In general Chapter 140 of title 10, United States Code, is amended by adding at the end the following new section: 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures (a) Authority The Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. (b) Treatment as competitive procedures Use of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. (c) Limitations (1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department. (2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts. (3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services. (d) Congressional notification required (1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award. (2) Notice of an award under paragraph (1) shall include the following: (A) Description of the innovative commercial product or commercial service acquired. (B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability. (C) Amount of the contract awarded. (D) Identification of the contractor awarded the contract. (e) Innovative defined In this section, the term innovative means— (1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or (2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.. (2) Clerical amendment The table of sections at the beginning of chapter 140 of title 10, United States Code, is amended by inserting after the item relating to section 2380b the following new item: 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.. (3) Data collection (A) In general The Secretary of Defense and each Secretary of a military department shall collect and analyze data on the use of the authority under section 2380c of title 10, United States Code, as added by paragraph (1), for the purposes of— (i) developing and sharing best practices for achieving the objectives of the authority; (ii) gathering information on the implementation of the authority and related policy issues; and (iii) informing the congressional defense committees on the use of the authority. (B) Plan required The authority under section 2380c of title 10, United States Code, as added by paragraph (1), may not be exercised by the Secretary of Defense or any Secretary of a military department during the period beginning on October 1, 2022, and ending on the date on which the Secretary of Defense submits to the congressional defense committees a completed plan for carrying out the data collection required under paragraph (1). (C) Congressional defense committees; military department defined In this paragraph, the terms congressional defense committees and military department have the meanings given such terms in section 101(a) of title 10, United States Code. (b) Future transfer (1) Transfer and redesignation Section 2380c of title 10, United States Code, as added by subsection (a), is transferred to chapter 247 of such title, added after section 3457, as transferred and redesignated by section 1821(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and redesignated as section 3458. (2) Clerical amendment The table of sections at the beginning of chapter 247 of title 10, United States Code, as added by section 1821(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item related to section 3457 the following new item: 3458. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.. (3) Conforming amendments to internal cross-references Section 3458 of title 10, United States Code, as redesignated by paragraph (1), is amended— (A) in subsection (b), by striking chapter 137 and inserting chapter 221 ; and (B) in subsection (c)(3), by striking section 2376(1) and inserting section 3451(1). (4) Effective date The transfer, redesignation, and amendments made by this subsection shall take as if included in title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (5) References; savings provision; rule of construction Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. (c) Repeal of obsolete authority Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note) is hereby repealed. 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures (a) Authority The Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. (b) Treatment as competitive procedures Use of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. (c) Limitations (1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department. (2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts. (3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services. (d) Congressional notification required (1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award. (2) Notice of an award under paragraph (1) shall include the following: (A) Description of the innovative commercial product or commercial service acquired. (B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability. (C) Amount of the contract awarded. (D) Identification of the contractor awarded the contract. (e) Innovative defined In this section, the term innovative means— (1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or (2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date. 804. Modifications to contracts subject to cost or pricing data certification (a) In general Section 2306a(a)(6) of title 10, United States Code, is amended— (1) by striking Upon the request and all that follows through paragraph (1) and inserting Under paragraph (1), ; and (2) by striking modify the contract and all that follows through consideration. and inserting modify the contract as soon as practicable to reflect subparagraphs (B) and (C) of such paragraph, without requiring consideration.. (b) Technical amendment Section 1831(c)(8)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4211) is amended by striking before and all that follows through the semicolon at the end and inserting after the subsection designation;. 805. Two-year extension of Selected Acquisition Report requirement (a) Extension Section 2432(j) of title 10, United States Code, is amended by striking fiscal year 2021 and inserting fiscal year 2023. (b) Demonstration required (1) In general Not later than March 1, 2022, and every six months thereafter, the Secretary of Defense shall provide to the congressional defense committees a demonstration of the capability improvements necessary to achieve the full operational capability of the reporting system that will replace the Selected Acquisition Report requirements under section 2432 of title 10, United States Code, as amended by subsection (a). (2) Elements (A) In general The demonstration required under paragraph (1) shall incorporate the following elements: (i) A demonstration of the full suite of data sharing capabilities of the reporting system referred to in paragraph (1) that can be accessed by authorized external users, including the congressional defense committees, for a range of covered programs across acquisition categories, including those selected under section 831 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1492). (ii) The plans required under subsection (c), as available. (B) Initial report In addition to the elements described in subparagraph (A), the first demonstration provided under paragraph (1) shall incorporate the findings of the report required under section 830(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1492). (3) Termination The requirements under this subsection shall terminate upon the date on which the Secretary of Defense submits to the congressional defense committees a written certification of the determination of the Secretary that the reporting system referred to in paragraph (1) has achieved full operational capability. (c) Plans Required for Data Gathering and Sharing (1) Data required for improved decision making (A) In general Not later than March 1, 2022, the Director of Cost Assessment and Program Evaluation shall prepare a plan for identifying and gathering the data required for effective decision making by program managers and Department of Defense leadership regarding covered programs. (B) Contents The plan required under subparagraph (A) shall include— (i) data that— (I) address covered program progress compared to covered program cost, schedule, and performance goals; (II) provide an assessment of covered program risks; and (III) can be collected throughout the fiscal year without significant additional burden; (ii) the data, information, and analytical capabilities supported by the reporting system referred to in subsection (b)(1); (iii) the specific data elements needed to assess covered program performance and associated risks, including software development and cybersecurity risks, and an identification of any data elements that cannot be publicly released; (iv) the types of covered programs to be included in the reporting system referred to in subsection (b)(1), including the dollar value threshold for inclusion, and the acquisition methodologies and pathways that are to be included; (v) the criteria for initiating, modifying, and terminating reporting for covered programs in the reporting system referred to in subsection (b)(1), including program characteristics, acquisition methodology or pathway being used, cost growth or changes, and covered program performance; and (vi) the planned reporting schedule for the reporting system referred to in subsection (b)(1), including when reports will be available to authorized external users and the intervals at which data will be updated. (2) Improved data sharing within the Department of Defense and with outside stakeholders (A) In general Not later than July 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees the plan of the Department of Defense for the reporting system referred to in subsection (b)(1) to report to the congressional defense committees and effectively share information related to covered programs. (B) Contents The plan required under subparagraph (A) shall— (i) incorporate the plan required under paragraph (1); (ii) provide for reporting not less frequently than once per year and continuous or periodic updates for authorized external users, as appropriate, to increase the efficiency of, and reduce the bureaucratic burdens for, reporting data and information on acquisition programs; (iii) identify the organizations responsible for implementation and overall operation of the reporting system referred to in subsection (b)(1); (iv) identify the organizations responsible for providing data for inclusion in such reporting system and ensuring that data is provided in a timely fashion; (v) include the schedule and milestones for implementing such reporting system; (vi) identify, for such implementation— (I) the resources required, including personnel and funding; and (II) the implementation risks and how such risks will be mitigated; (vii) identify the mechanisms by which reporting will be provided to the congressional defense committees and other authorized external users, including— (I) identification of types of organizations that will have access to the system, including those outside the Department of Defense; (II) how the system will be accessed by users, including those outside the Department of Defense; and (III) how such users will be trained on the use of the system and what level of support will be available for such users on an ongoing basis; and (viii) identify any changes to policy, guidance, or legislation that are required to begin reporting to the congressional defense committees in accordance with the plan. (d) Covered program defined In this section, the term covered program means a program required to be included in a report submitted under section 2432 of title 10, United States Code. 806. Annual report on highest and lowest performing acquisition programs of the Department of Defense (a) In general Not later than January 31, 2023, and annually thereafter for the following three years, the Component Acquisition Executive of each element or organization of the Department of Defense shall rank each covered acquisition program based on the criteria selected under subsection (b)(1) and submit to the congressional defense committees a report that contains a ranking of the five highest performing and five lowest performing covered acquisition programs for such element or organization based on such criteria. (b) Ranking criteria (1) In general In completing the report required under subsection (a), each Component Acquisition Executive, in consultation with other officials of the Department of Defense as determined appropriate by the Component Acquisition Executive, shall select the criteria for ranking each covered acquisition program. (2) Inclusion in report Each Component Acquisition Executive shall include in the report submitted under subsection (a) an identification of the specific ranking criteria selected under paragraph (1), including a description of how those criteria are consistent with best acquisition practices. (c) Additional report elements Each Component Acquisition Executive shall include in the report required under subsection (a) for each of the five acquisition programs ranked as the lowest performing the following: (1) A description of the factors that contributed to the ranking of the program as low performing. (2) An assessment of the underlying causes of the poor performance of the program. (3) A plan for addressing the challenges of the program and improving performance, including specific actions that will be taken and proposed timelines for completing such actions. (d) Definitions In this section: (1) Component Acquisition Executive The term Component Acquisition Executive means— (A) a service acquisition executive; or (B) an individual designated by the head of an element or organization of the Department of Defense, other than a military department, as the Component Acquisition Executive for that element or organization. (2) Covered acquisition program In this section the term covered acquisition program means— (A) a major defense acquisition program as defined in section 2430 of title 10, United States Code; or (B) an acquisition program that is estimated by the Component Acquisition Executive to require an eventual total expenditure described in section 2430(a)(1)(B) of title 10, United States Code. (3) Military department; service acquisition executive The terms military department and service acquisition executive have the meanings given such terms in section 101(a) of title 10, United States Code. 807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services (a) Assessment required The Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall jointly assess impediments and incentives to fulfilling the goals of section 3307 of title 41, United States Code, and section 2377 of title 10, United States Code, regarding preferences for commercial products and commercial services to— (1) enhance the innovation strategy of the Department of Defense to compete effectively against peer adversaries; and (2) encourage the rapid adoption of commercial advances in technology. (b) Elements of assessment The assessment shall include a review of the use of preferences for commercial products and commercial services in procurement, including an analysis of— (1) relevant policies, regulations, and oversight processes; (2) relevant acquisition workforce training and education; (3) the role of requirements in the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, Operation of the Adaptive Acquisition Framework ), including— (A) the ability to accommodate evolving commercial functionality and new opportunities identified during market research; and (B) how phasing and uncertainty in requirements are treated; (4) the role of competitive procedures and source selection procedures, including the ability to structure acquisition processes to accommodate— (A) multiple or unequal solutions; and (B) emerging solutions that could fulfill program requirements; (5) the role of planning, programming, and budgeting structures and processes, including appropriations categories; (6) systemic biases in favor of custom solutions; (7) allocation of technical data rights; (8) strategies to control modernization and sustainment costs; (9) the risk to contracting officers and other members of the acquisition workforce of acquiring commercial products and commercial services, and incentives and disincentives for taking such risks; and (10) potential reforms that do not impose additional burdensome and time-consuming constraints on the acquisition process. (c) Briefing Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall brief the congressional defense committees on the results of the required assessment and any actions undertaken to improve compliance with the statutory preference for commercial products and commercial services, including any recommendations to Congress for legislative action. 808. Briefing on transparency for certain domestic procurement waivers Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the extent to which information relating to the use of domestic procurement waivers by the Department of Defense is publicly available. 809. Report on violations of certain domestic preference laws (a) Report required Not later than February 1 of each of 2023, 2024, and 2025, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a report on violations of certain domestic preference laws reported to the Department of Defense and the military departments. Each report shall include such violations that occurred during the previous fiscal year covered by the report. (b) Elements Each report required under subsection (a) shall include the following for each reported violation: (1) The name of the contractor. (2) The contract number. (3) The nature of the violation, including which of the certain domestic preference laws was violated. (4) The origin of the report of the violation. (5) Actions taken or pending by the Secretary concerned in response to the violation. (6) Other related matters deemed appropriate by the Secretary concerned. (c) Certain domestic preference laws defined In this section, the term certain domestic preference laws means any provision of section 2533a or 2533b of title 10, United States Code, or chapter 83 of title 41 of such Code, that requires or creates a preference for the procurement of goods, articles, materials, or supplies, that are grown, mined, reprocessed, reused, manufactured, or produced in the United States. 811. Certain multiyear contracts for acquisition of property: budget justification materials (a) In general Chapter 9 of title 10, United States Code, is amended by adding at the end the following new section: 239c. Certain multiyear contracts for acquisition of property: budget justification materials (a) In general In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under section 2306b of this title that— (1) the head of an agency intends to cancel during the fiscal year; or (2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year. (b) Elements Each proposal required by subsection (a) shall include the following: (1) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract. (2) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification. (3) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification. (4) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies. (c) Definitions In this section: (1) The term covered modification means a modification that will result in a reduction in the quantity of end items to be procured. (2) The term head of an agency means— (A) the Secretary of Defense; (B) the Secretary of the Army; (C) the Secretary of the Navy; or (D) the Secretary of the Air Force.. (b) Clerical amendment The table of sections at the beginning of chapter 9 of such title is amended by adding at the end the following new item: 239c. Certain multiyear contracts for acquisition of property: budget justification materials.. 239c. Certain multiyear contracts for acquisition of property: budget justification materials (a) In general In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under section 2306b of this title that— (1) the head of an agency intends to cancel during the fiscal year; or (2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year. (b) Elements Each proposal required by subsection (a) shall include the following: (1) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract. (2) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification. (3) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification. (4) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies. (c) Definitions In this section: (1) The term covered modification means a modification that will result in a reduction in the quantity of end items to be procured. (2) The term head of an agency means— (A) the Secretary of Defense; (B) the Secretary of the Army; (C) the Secretary of the Navy; or (D) the Secretary of the Air Force. 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures Section 1762(g) of title 10, United States Code, is amended by striking December 31, 2023 and inserting December 31, 2026. 813. Office of Corrosion Policy and Oversight employee training requirements Section 2228 of title 10, United States Code, is amended— (1) in subsection (b), by adding at the end the following new paragraph: (6) The Director shall ensure that contractors of the Department of Defense carrying out activities for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, or who are currently enrolled in, a qualified training program. ; (2) in subsection (c)— (A) in paragraph (2), by striking and at the end and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) require that any training or professional development activities for military personnel or civilian employees of the Department of Defense for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense are conducted under a qualified training program that trains and certifies individuals in meeting corrosion control standards that are recognized industry-wide. ; and (3) in subparagraph (f), by adding at the end the following new paragraph: (6) The term qualified training program means a training program in corrosion control, mitigation, and prevention that is— (A) offered or accredited by an organization that sets industry corrosion standards; or (B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ).. 814. Modified condition for prompt contract payment eligibility Section 2307(a)(2)(B) of title 10, United States Code, is amended by striking if the prime contractor agrees or proposes to make payments to the subcontractor and inserting if the prime contractor agrees to make payments to the subcontractor. 815. Modification to procurement of services: data analysis and requirements validation (a) In general Section 2329 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking October 1, 2021 and inserting February 1, 2023 ; and (B) by striking paragraphs (4) and (5) and inserting the following new paragraphs: (4) be informed by the review of the inventory required by section 2330a(c) using standard guidelines developed under subsection (d); and (5) clearly and separately identify the amount requested and projected for the procurement of contract services for each Defense Agency, Department of Defense Field Activity, command, or military installation for the budget year and the subsequent four fiscal years in the future-years defense program submitted to Congress under section 221. ; (2) by amending subsection (d) to read as follows: (d) Requirements Evaluation (1) Each Services Requirements Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies and procedures, available resources, the analyses conducted under subsection (c), and contracting efficacy and efficiency. An evaluation of a services contract for compliance with contracting policies and procedures may not be considered to be an evaluation of a requirement for such services contract. (2) The Secretary of Defense shall establish and issue standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Any such guidelines issued— (A) shall be consistent with the Handbook of Contract Function Checklists for Services Acquisition issued by the Department of Defense in May 2018, or a successor or other appropriate policy; and (B) shall be updated as necessary to incorporate applicable statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the use of Department of Defense civilian employees to perform new functions and functions that are performed by contractors. (3) The acquisition decision authority for each services contract shall certify— (A) that a task order or statement of work being submitted to a contracting office is in compliance with the standard guidelines; (B) that all appropriate statutory risk mitigation efforts have been made; and (C) that such task order or statement of work does not include requirements formerly performed by Department of Defense civilian employees. (4) The Inspector General of the Department of Defense may conduct annual audits to ensure compliance with this subsection. ; (3) by striking subsection (f) and redesignating the subsequent subsections accordingly; and (4) in subsection (f), as so redesignated— (A) in paragraph (3), by striking January 5, 2016 and inserting January 10, 2020 ; and (B) by adding at the end the following new paragraph: (4) The term acquisition decision authority means the designated decision authority for each designated special interest services acquisition category, described in such Department of Defense Instruction.. (b) Repeals (1) Section 235 of title 10, United States Code, is repealed. (2) Section 852 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1492; 10 U.S.C. 2329 note) is repealed. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels Section 2534 of title 10, United States Code, is amended— (1) in subsection (a)(2), by adding at the end the following new subparagraph: (F) Welded shipboard anchor and mooring chain. ; and (2) in subsection (b)— (A) by striking A manufacturer and inserting (1) Except as provided in paragraph (2), a manufacturer ; and (B) by adding at the end the following new paragraph: (2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.. 817. Repeal of preference for fixed-price contracts Section 829 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 2306 note) is repealed. 821. Modification of other transaction authority for research projects (a) In general Section 2371 of title 10, United States Code, is amended— (1) in subsection (e)— (A) by striking paragraph (2); (B) in paragraph (1), in the matter preceding subparagraph (A), by striking (1) ; and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (2) by amending subsection (h) to read as follows: (h) Guidance The Secretary of Defense shall issue guidance to carry out this section.. (b) Conforming amendment Section 2371b(b)(1) of title 10, United States Code, is amended by striking Subsections (e)(1)(B) and (e)(2) and inserting Subsection (e)(2). 822. Modification of prize authority for advanced technology achievements Section 2374a of title 10, United States Code, is amended— (1) in subsection (a), by inserting , including procurement contracts and other agreements, after other types of prizes ; (2) in subsection (b), in the first sentence, by inserting and for the selection of recipients of procurement contracts and other agreements after cash prizes ; (3) in subsection (c)(1), by inserting without the approval of the Under Secretary of Defense for Research and Engineering before the period at the end; and (4) by adding at the end the following new subsection: (g) Congressional notice (1) In general Not later than 15 days after a procurement contract or other agreement that exceeds a fair market value of $10,000,000 is awarded under the authority under a program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees written notice of such award. (2) Contents Each notice submitted under paragraph (1) shall include— (A) the value of the relevant procurement contract or other agreement, as applicable, including all options; (B) a brief description of the research result, technology development, or prototype for which such procurement contract or other agreement, as applicable, was awarded; and (C) an explanation of the benefit to the performance of the military mission of the Department of Defense resulting from the award.. 823. Pilot program on systems engineering determinations (a) Requirement As soon as practicable but not later than September 30, 2023, the Secretary of Defense shall ensure that each covered entity enters into at least two covered transactions under an authority described in subsection (b), where each such covered transaction includes the system engineering determinations described under subsection (c). (b) Covered authorities The authorities described under this subsection are as follows: (1) Section 2371 of title 10, United States Code, with respect to applied and advanced research project transactions relating to weapons systems. (2) Section 2371b of such title, with respect to transactions relating to weapons systems. (3) Section 2373 of such title. (4) Section 2358 of such title, with respect to transactions relating to weapons systems. (c) Systems engineering determinations (1) First determination (A) Success criteria The head of a covered entity that enters into a covered transaction under this section shall identify, in writing, not later than 30 days after entering into such covered transaction, measurable success criteria related to potential military applications of such covered transaction, to be demonstrated not later than the last day of the period of performance for such covered transaction. (B) Types of determinations Not later than 30 days after the end of such period of performance, the head of the covered entity shall make one of the following determinations: (i) A Discontinue determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination. (ii) A Retain and Extend determination, under which such head ensures continued performance of such covered transaction and extends the period of performance for a specified period of time in order to achieve the success criteria described under subparagraph (A). (iii) An Endorse and Refer determination, under which such head endorses the covered transaction and refers it to the most appropriate Service Systems Engineering Command, based on the technical attributes of the covered transaction and the associated potential military applications, based on meeting or exceeding the success criteria. (C) Written notice A determination made pursuant to subparagraph (B) shall be documented in writing and provided to the person performing the covered transaction to which the determination relates. (D) Further determination If the head of a covered entity issued a Retain and Extend determination described in subparagraph (B)(ii), such head shall, at the end of the extension period— (i) issue an Endorse and Refer determination described in subparagraph (B)(iii) if the success criteria are met; or (ii) issue a Discontinue determination described in subparagraph (B)(i) if the success criteria are not met. (2) Second determination (A) Systems engineering plan The head of the Service Systems Engineering Command that receives a referral from an Endorse and Refer determination described in paragraph (1)(B)(iii) shall, not later than 30 days after receipt of such referral, formulate a systems engineering plan with the person performing the referred covered transaction, technical experts of the Department of Defense, and any prospective program executive officers. (B) Elements The systems engineering plan required under subparagraph (A) shall include the following: (i) Measurable baseline technical capability, based on meeting the success criteria described in paragraph (1)(A). (ii) Measurable transition technical capability, based on the technical needs of the prospective program executive officers to support a current or future program of record. (iii) Discrete technical development activities necessary to progress from the baseline technical capability to the transition technical capability, including an approximate cost and schedule, including activities that provide resolution to issues relating to— (I) interfaces; (II) data rights; (III) Federal Government technical requirements; (IV) specific platform technical integration; (V) software development; (VI) component, subsystem, or system prototyping; (VII) scale models; (VIII) technical manuals; (IX) lifecycle sustainment needs; and (X) other needs identified by the relevant program executive officer. (iv) Identification and commitment of funding sources to complete the activities under clause (iii). (C) Types of determinations Not later than 30 days after the end of the schedule required by subparagraph (B)(iii), the head of the Service Systems Engineering Command shall make one of the following determinations: (i) A Discontinue determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination. (ii) A Retain and Extend determination, under which such head ensures continued performance of such covered transaction within the Service Systems Engineering Command and extends the period of performance for a specified period of time in order to— (I) successfully complete the systems engineering plan required under subparagraph (A); and (II) issue specific remedial or additional activities to the person performing the covered transaction. (iii) An Endorse and Refer determination, under which such head endorses the covered transaction and refers it to a program executive officer, based on successful completion of the systems engineering plan required under subparagraph (A). (D) Written notice A determination made pursuant to subparagraph (C) shall be documented in writing and provided to the person performing the covered transaction to which the determination relates and any prospective program executive officers for such covered transaction. (E) Further determination If the head of the Service Systems Engineering Command issued a Retain and Extend determination described in subparagraph (C)(ii), such head shall, at the end of the extension period— (i) issue an Endorse and Refer determination described in subparagraph (C)(iii) if the transition technical capability criteria are met; or (ii) issue a Discontinue determination described in subparagraph (B)(i) if the success criteria are not met. (d) Priority for covered transaction selection In selecting a covered transaction under this section, the Secretary shall prioritize those covered transactions that— (1) are being initially demonstrated at a covered entity; (2) demonstrate a high potential to be further developed by a Service Systems Engineering Command; and (3) demonstrate a high potential to be used in a program of the Department of Defense. (e) Notifications (1) In general Not later than 30 days after a covered transaction is entered into pursuant to subsection (a), the Secretary of Defense shall notify the congressional defense committees of such covered transaction. (2) Updates Not later than 120 days after such a covered transaction is entered into, and every 120 days thereafter until the action specified in subsection (c)(1)(B)(i), (c)(2)(C)(i), or (c)(2)(C)(iii) occurs, the Secretary of Defense shall provide written updates to the congressional defense committees on the actions being taken by the Department to comply with the requirements of this section. (f) Briefing required Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section. (g) Definitions In this section: (1) The term covered entity means— (A) the Defense Innovation Unit; (B) the Strategic Capabilities Office; or (C) the Defense Advanced Research Projects Agency. (2) The term covered transaction means a transaction, procurement, or project conducted pursuant to an authority listed in subsection (b). (3) The term Service Systems Engineering Command means the specific Department of Defense command that reports through a chain of command to the head of a military department that specializes in the systems engineering of a system, subsystem, component, or capability area. 824. Recommendations on the use of other transaction authority (a) Review and recommendations required (1) In general The Secretary of Defense shall review the current use, and the authorities, regulations, and policies related to the use, of other transaction authority under sections 2371 and 2371b of title 10, United States Code, and assess the merits of modifying or expanding such authorities with respect to— (A) the inclusion in such transactions for the Government and contractors to include force majeure provisions to deal with unforeseen circumstances in execution of the transaction; (B) the determination of the traditional or nontraditional status of an entity based on the parent company or majority owner of the entity; (C) the determination of the traditional or nontraditional status of an entity based on the status of an entity as a qualified businesses wholly-owned through an Employee Stock Ownership Plan; (D) the ability of the Department of Defense to award agreements for prototypes with all of the costs of the prototype project provided by private sector partners of the participant to the transaction for such prototype project, to allow for expedited transition into follow-on production agreements for appropriate technologies; (E) the ability of the Department of Defense to award agreements for procurement, including without the need for prototyping; (F) the ability of the Department of Defense to award agreements for sustainment of capabilities, including without the need for prototyping; (G) the ability of the Department of Defense to award agreements to support the organic industrial base; (H) the ability of the Department of Defense to award agreements for prototyping of services or acquisition of services; (I) the need for alternative authorities or policies to more effectively and efficiently execute agreements with private sector consortia; (J) the ability of the Department of Defense to monitor and report on individual awards made under consortium-based other transactions; and (K) other issues as identified by the Secretary. (2) Qualified businesses wholly-owned through an Employee Stock Ownership Plan defined The term qualified businesses wholly-owned through an Employee Stock Ownership Plan means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of the Internal Revenue Code). (b) Issues identified and recommendations for changes to policies or authorities In carrying out the review under paragraph (1) of subsection (a), with respect to each issue described in subparagraphs (A) through (K) of such paragraph, the Secretary of Defense shall— (1) identify relevant issues and challenges with the use of the authority under section 2371 or 2371b of title 10, United States Code; (2) discuss the advantages and disadvantages of modifying or expanding the authority under section 2371 or 2371b of title 10, United States Code, to address issues under paragraph (1); (3) identify policy changes that will be made to address issues identified under paragraph (1); (4) make recommendations to the congressional defense committees for new or modified statutory authorities to address issues identified under paragraph (1); and (5) provide such other information as determined appropriate by the Secretary. (c) Report Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report describing activities undertaken pursuant to this section, as well as issues identified, policy changes proposed, justifications for such proposed policy changes, and recommendations for legislative changes. 825. Reporting requirement for certain defense acquisition activities (a) Procedures for identifying certain acquisition agreements and activities The Secretary of Defense shall establish procedures to identify organizations performing on individual projects under the following types of awards: (1) Other transaction agreements pursuant to the authorities under section 2371 and 2371b of title 10, United States Code. (2) Individual task orders awarded under a task order contract (as defined in section 2304d of title 10, United States Code), including individual task orders issued to a federally funded research and development center. (b) For initial agreements covered under subsection (a), the procedures required under subsection (a) shall include, but not be limited to— (1) the participants to the transaction (other than the Federal Government); (2) each business selected to perform work under the transaction by a participant to the transaction that is a consortium of private entities; (3) the date on which each participant entered into the transaction; (4) the amount of the transaction; and (5) other related matters the Secretary deems appropriate. (c) For follow-on contracts, agreements, or transactions covered under subsection (a), the procedures required under subsection (a) shall include, but not be limited to— (1) identification of the initial covered contract or transaction and each subsequent follow-on contract or transaction; (2) the awardee; (3) the amount; (4) the date awarded; and (5) other related matters the Secretary deems appropriate. (d) The Administrator of the General Services Administration shall update the Federal Procurement Data System (FPDS) within 180 days to collect the data required under this section. (e) Reporting Not later than one year after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of agreements and activities described in subsection (a) and associated funding. (f) Publication of information Not later than one year after the date of enactment of this Act, the Secretary of Defense shall establish procedures to collect information on individual agreements and activities described in this section and associated funding in an online, public, searchable database, unless the Secretary deems such disclosure inappropriate for individual agreements based on national security concerns. 831. Technology protection features activities (a) In general Section 2357 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by inserting (1) before Any ; (B) by adding at the end the following new paragraph: (2) The Secretary may deem the portion of the costs of the contractor described in paragraph (1) with respect to a designated system as allowable independent research and development costs under the regulations issued under section 2372 of this title if— (A) the designated system receives Milestone B approval; and (B) the Secretary determines that doing so would further the purposes of this section. ; and (2) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following new paragraphs: (2) The term independent research and development costs has the meaning given the term in section 31.205-18 of title 48, Code of Federal Regulations. (3) The term Milestone B approval has the meaning given the term in section 2366(e)(7) of this title.. (b) Conforming regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with section 2357 of title 10, United States Code, as amended by subsection (a). 832. Modification of enhanced transfer of technology developed at Department of Defense laboratories Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 ( 10 U.S.C. 2514 note) is amended— (1) by redesignating subsection (e) as subsection (f); (2) by striking subsection (d) and inserting the following new subsections: (d) Data collection The Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under this section for the purposes of— (1) developing and sharing best practices; and (2) providing information to the Secretary of Defense and Congress on the use of authority under this section and related policy issues. (e) Report The Secretary of Defense shall submit a report to the congressional defense committees on the activities carried out under this section not later than December 31, 2025. ; and (3) in subsection (f) (as so redesignated), by striking December 31, 2021 and inserting December 31, 2026. 833. Pilot program on acquisition practices for emerging technologies (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment or the Under Secretary's designee, shall establish a pilot program (in this section referred to as the Pilot Program ) to develop and implement unique acquisition mechanisms for emerging technologies in order to increase the speed of transition of emerging technologies into acquisition programs or into operational use. (b) Elements In carrying out the Pilot Program, the Under Secretary of Defense for Acquisition and Sustainment shall— (1) identify, and award agreements to, not less than four new projects supporting high-priority defense modernization activities, consistent with the National Defense Strategy, with consideration given to— (A) offensive missile capabilities; (B) space-based assets; (C) personnel and quality of life improvement; (D) energy generation and storage; and (E) any other area activities the Under Secretary determines appropriate; (2) develop a unique acquisition plan for each project identified pursuant to paragraph (1) that is significantly novel from standard Department of Defense acquisition practices, including the use of— (A) alternative price evaluation models; (B) alternative independent cost estimation methodologies; (C) alternative market research methods; (D) continuous assessment of performance metrics to measure project value for use in program management and oversight; (E) alternative intellectual property strategies, including activities to support modular open system approaches (as defined in section 2446a(b) of title 10, United States Code) and reduce life-cycle and sustainment costs; and (F) other alternative practices identified by the Under Secretary; (3) execute the acquisition plans described in paragraph (2) and award agreements in an expedited manner; and (4) determine if existing authorities are sufficient to carry out the activities described in this subsection and, if not, submit to the congressional defense committees recommendations for statutory reforms that will provide sufficient authority. (c) Regulation waiver The Under Secretary of Defense for Acquisition and Sustainment shall establish mechanisms for the Under Secretary to waive, upon request, regulations, directives, or policies of the Department of Defense, a military service, or a Defense Agency with respect to a project awarded an agreement under the Pilot Program if the Under Secretary determines that such a waiver furthers the purposes of the Pilot Program, unless such waiver would be prohibited by a provision of a Federal statute or common law. (d) Agreement termination (1) In general The Secretary of Defense may establish procedures to terminate agreements awarded under the Pilot Program. (2) Notification required Any procedure established under paragraph (1) shall require that, not later than 30 days prior to the termination of any agreement under such procedure, notice of such termination shall be provided to the congressional defense committees. (e) Pilot program advisory group (1) In general The Under Secretary of Defense for Acquisition and Sustainment shall establish a Pilot Program advisory group to advise the Under Secretary on— (A) the selection, management and elements of projects under the Pilot Program; (B) the collection of data regarding the use of the Pilot Program; and (C) the termination of agreements under the Pilot Program. (2) Membership (A) In general The members of the advisory group established under paragraph (1) shall be appointed as follows: (i) One member from each military department (as defined under section 101(a) of title 10, United States Code), appointed by the Secretary of the military department concerned. (ii) One member appointed by the Under Secretary of Defense for Research and Engineering. (iii) One member appointed by the Under Secretary of Defense for Acquisition and Sustainment. (iv) One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense. (v) One member appointed by the Director of the Defense Advanced Research Projects Agency. (vi) One member appointed by the Director of Cost Assessment and Program Evaluation. (vii) One member appointed by the Director of Operational Test and Evaluation. (B) Deadline for appointment Members of the advisory group shall be appointed not later than 30 days after the date of the establishment of the pilot program under subsection (a). (3) FACA non-applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group established under paragraph (1). (f) Information to Congress (1) Briefing requirement Not later than 180 days after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on activities performed under this section. (2) Budget justification materials The Secretary shall establish procedures to clearly identify all projects under the Pilot Program in budget justification materials submitted to Congress. (g) Data requirements (1) Collection and analysis of data The Secretary shall establish mechanisms to collect and analyze data on the execution of the Pilot Program for the purpose of— (A) developing and sharing best practices for achieving goals established for the Pilot Program; (B) providing information to the Secretary and the congressional defense committees on the execution of the Pilot Program; and (C) providing information to the Secretary and the congressional defense committees on related policy issues. (2) Data strategy required The Secretary may not establish the Pilot Program prior to completion of a plan for— (A) meeting the requirements of this subsection; (B) collecting the data required to carry out an evaluation of the lessons learned from the Pilot Program; and (C) conducting such evaluation. (h) Termination The Pilot Program shall terminate on the earlier of— (1) the date on which each project identified under subsection (b)(1) has either been completed or has had all agreements awarded to such project under the Pilot Program terminated; or (2) the date that is five years after the date of the enactment of this Act. 834. Pilot program to accelerate the procurement and fielding of innovative technologies (a) Pilot program Subject to availability of appropriations, the Secretary of Defense shall establish a competitive, merit-based pilot program to accelerate the procurement and fielding of innovative technologies by, with respect to such technologies— (1) reducing acquisition or life-cycle costs; (2) addressing technical risks; (3) improving the timeliness and thoroughness of test and evaluation outcomes; and (4) rapidly implementing such technologies to directly support defense missions. (b) Guidelines Not later than one year after the date of the enactment of this Act, the Secretary shall issue guidelines for the operation of the pilot program established under this section. At a minimum such guidelines shall provide for the following: (1) The issuance of one or more solicitations for proposals by the Department of Defense in support of the pilot program, with a priority established for technologies developed by small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )) or nontraditional defense contractors (as defined under section 2302 of title 10, United States Code). (2) A process for— (A) the review of proposals received in response to a solicitation issued under paragraph (1) by the Secretary of Defense and by each Secretary of a military department; (B) the merit-based selection of the most promising cost-effective proposals; and (C) the procurement of goods or services offered by such a proposal through contracts, cooperative agreements, other transaction authority, or by another appropriate process. (c) Maximum amount The total amount of funding provided for any proposal selected for an award under the pilot program established under this section shall not exceed $50,000,000, unless the Secretary (or designee of the Secretary) approves a greater amount of funding. (d) Data collection (1) Plan required before implementation The Secretary of Defense may not provide funding under this section until the date on which the Secretary— (A) completes a plan for carrying out the data collection required under paragraph (2); and (B) submits the plan to the congressional defense committees. (2) Data collection required The Secretary of Defense shall collect and analyze data on the pilot program established under this section for the purposes of— (A) developing and sharing best practices for achieving the objectives of the pilot program; (B) providing information on the implementation of the pilot program and related policy issues; and (C) reporting to the congressional defense committees as required under subsection (e). (e) Biannual reports Not later than March 1 and September 1 of each year beginning after the date of the enactment of this Act until the termination of the pilot program established under this section, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program. (f) Termination The authority to carry out a pilot program under this section shall terminate on September 30, 2027. 835. Independent study on technical debt in software-intensive systems (a) Study required Not later than May 1, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to study technical debt in software-intensive systems, as determined by the Under Secretary of Defense for Acquisition and Sustainment. (b) Study elements The study required under subsection (a) shall include analyses and recommendations, including actionable and specific guidance and any recommendations for statutory or regulatory modifications, on the following: (1) Qualitative and quantitative measures which can be used to identify a desired future state for software-intensive systems. (2) Qualitative and quantitative measures that can be used to assess technical debt. (3) Policies for data access to identify and assess technical debt and best practices for software-intensive systems to make such data appropriately available for use. (4) Forms of technical debt which are suitable for objective or subjective analysis. (5) Current practices of Department of Defense software-intensive systems to track and use data related to technical debt. (6) Appropriate individuals or organizations that should be responsible for the identification and assessment of technical debt, including the organization responsible for independent assessments. (7) Scenarios, frequency, or program phases during which technical debt should be assessed. (8) Best practices to identify, assess, and monitor the accumulating costs technical debt. (9) Criteria to support decisions by appropriate officials on whether to incur, carry, or reduce technical debt. (10) Practices for the Department of Defense to incrementally adopt to initiate practices for managing or reducing technical debt. (c) Access to data and records The Secretary of Defense shall ensure that the federally funded research and development center selected under subsection (a) has sufficient resources and access to technical data, individuals, organizations, and records necessary to complete the study required under this section. (d) Report required Not later than 18 months after entering the agreement described in subsection (a), the Secretary shall submit to the congressional defense committees a report on the study required under subsection (b), along with any additional information and views as desired in publicly releasable and unclassified forms. The Secretary may also include a classified annex to the study as necessary. (e) Briefings required (1) Initial briefing Not later than March 1, 2022, the Secretary of Defense shall provide a briefing to the congressional defense committees on activities undertaken and planned to conduct the study required by subsection (a), including any barriers to conducting such activities and the resources to be provided to conduct such activities. (2) Interim briefing required Not later than 12 months after entering into the agreement under subsection (a), the Secretary of Defense shall provide a briefing to the congressional defense committees on interim analyses and recommendations described in subsection (b) including those that could require modifications to guidance, regulations, or statute. (3) Final briefing required Not later than 60 days after the date on which the report required by subsection (d) is submitted, the Secretary of Defense shall brief the congressional defense committees on a plan and schedule for implementing the recommendations provided in the report. (f) Technical debt defined In this section, the term technical debt means an element of design or implementation that is expedient in the short term, but that would result in a technical context that can make a future change costlier or impossible. 836. Cadre of software development and acquisition experts (a) In general Not later than January 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in software development, acquisition, and sustainment to improve the effectiveness of software development, acquisition, and sustainment programs or activities of the Department of Defense. (b) Structure The Under Secretary of Defense for Acquisition and Sustainment— (1) shall ensure the cadre has the appropriate number of members; (2) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and (3) shall determine the appropriate officials to whom members of the cadre shall report. (c) Assignment The Under Secretary of Defense for Acquisition and Sustainment shall establish processes to assign members of the cadre to provide— (1) expertise on matters relating to software development, acquisition, and sustainment; and (2) support for appropriate programs or activities of the Department of Defense. (d) Administration (1) In general The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the President of the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing personnel and acquisition authorities to establish the cadre, as appropriate, including— (A) section 9903 of title 5, United States Code; (B) authorities relating to services contracting; (C) the Intergovernmental Personnel Act of 1970 ( 42 U.S.C. 4701 et seq. ); and (D) authorities relating to exchange programs with industry. (2) Assignments Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre. (3) Preference In establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense. (e) Support of members of the Armed Forces The Under Secretary of Defense for Acquisition and Sustainment shall continue to support efforts of the Secretaries concerned to place members of the Armed Forces in software development, acquisition, and sustainment positions and develop software competence in members of the Armed Forces, including those members with significant technical skill sets and experience but who lack formal education, training, or a technology-focused military occupation specialty. (f) Funding The Under Secretary of Defense for Acquisition and Sustainment is authorized to use amounts in the Defense Acquisition Workforce Development Account (established under section 1705 of title 10, United States Code) for the purpose of recruitment, training, and retention of members of the cadre, including by using such amounts to pay salaries of newly hired members of the cadre for up to three years. (g) Compliance In carrying out this section, the Under Secretary of Defense for Acquisition and Sustainment shall ensure compliance with applicable total force management policies, requirements, and restrictions provided in sections 129a, 2329, and 2461 of title 10, United States Code. 841. Modernization of acquisition processes to ensure integrity of industrial base Section 2509 of title 10, United States Code is amended— (1) in subsection (a)— (A) by striking existing ; and (B) by striking across the acquisition process and all that follows through in the Department ; (2) by striking subsections (f) and (g); (3) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (4) by inserting after subsection (a) the following new subsection: (b) Objective The objective of subsection (a) shall be to employ digital tools, technologies, and approaches to ensure the accessibility of relevant defense industrial base data to key decision-makers in the Department. ; (5) in subsection (c), as so redesignated— (A) in paragraph (1), by adding in implementing subsections (a) and (b) before the period at the end; and (B) in paragraph (2)— (i) in subparagraph (A)(viii), by inserting by the Secretary of Defense before the period at the end; and (ii) in subparagraph (B)— (I) in the text preceding clause (i), by striking constitute and inserting constitutes or may constitute ; and (II) in clause (vii), by inserting by the Secretary of Defense before the period at the end; (6) in subsection (d)(11), as so redesignated, by adding as deemed appropriate by the Secretary before the period at the end; and (7) in subsection (e), as so redesignated— (A) in paragraph (1)— (i) in subparagraph (A), by striking timely ; and (ii) in subparagraph (B)— (I) by striking clause (ii) and inserting the following new clause: (ii) A description of modern data infrastructure, tools, and applications and an assessment of the extent to which new capabilities would improve the effectiveness and efficiency of mitigating the risks described in subsection (c)(2). ; and (II) in clause (iii), by inserting , including the following after provides data ; and (B) by striking paragraph (2) and inserting the following new paragraph: (2) (A) Based on the findings pursuant to paragraph (1), the Secretary of Defense shall develop a unified set of activities to modernize the systems of record, data sources and collection methods, and data exposure mechanisms. The unified set of activities should include— (i) the ability to continuously collect data on, assess, and mitigate risks; (ii) data analytics and business intelligence tools and methods; and (iii) continuous development and continuous delivery of secure software to implement the activities. (B) In connection with the assessments described in this section, the Secretary shall develop capabilities to map supply chains and to assess risks to the supply chain for major end items by business sector, vendor, program, part, and other metrics as determined by the Secretary.. 842. Modification to analyses of certain activities for action to address sourcing and industrial capacity Section 849 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking Not later than January 15, 2022, and inserting With respect to items listed in paragraphs (1) through (13) of subsection (c), not later than January 15, 2022, and with respect to items listed in paragraphs (14) through (19) of such subsection, not later than January 15, 2023, ; and (B) in paragraph (2)— (i) by striking The Secretary of Defense and inserting With respect to items listed in paragraphs (1) through (13) of subsection (c), during the 2022 calendar year, and with respect to items listed in paragraphs (14) through (19) of such subsection, during the 2023 calendar year ; and (ii) by striking submitted during the 2022 calendar year ; and (2) in subsection (c), by adding at the end the following new paragraphs: (14) Beef products. (15) Molybdenum and molybdenum alloys. (16) Optical transmission equipment, including optical fiber and cable equipment. (17) Armor on tactical ground vehicles. (18) Graphite processing. (19) Advanced AC–DC power converters.. 843. Assuring integrity of overseas fuel supplies (a) In general Before awarding a contract to an offeror for the supply of fuel for any overseas contingency operation, the Secretary of Defense shall— (1) ensure, to the maximum extent practicable, that no otherwise responsible offeror is disqualified for such award on the basis of an unsupported denial of access to a facility or equipment by the host nation government; and (2) require assurances that the offeror will comply with the requirements of subsections (b) and (c). (b) Requirement An offeror for the supply of fuel for any overseas contingency operation shall— (1) certify that the provided fuel, in whole or in part, or derivatives of such fuel, is not sourced from a nation or region prohibited from selling petroleum to the United States; and (2) furnish such records as are necessary to verify compliance with such anticorruption statutes and regulations as the Secretary determines necessary, including— (A) the Foreign Corrupt Practices Act ( 15 U.S.C. 78dd–1 et seq. ); (B) the regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the International Traffic in Arms Regulations ); (C) the regulations contained in parts 730 through 774 of title 15, Code of Federal Regulations, or successor regulations (commonly known as the Export Administration Regulations ); and (D) such regulations as may be promulgated by the Office of Foreign Assets Control of the Department of the Treasury. (c) Applicability Subsections (a) and (b) of this section shall apply with respect to contracts entered into on or after the date of the enactment of this Act. (d) Consideration of tradeoff processes If the Secretary of Defense awards a contract for fuel procurement for an overseas contingency operation, the contracting officer for such contract shall consider tradeoff processes (as described in subpart 15 of the Federal Acquisition Regulation, or any successor regulation), including consideration of past performance evaluation, cost, anticorruption training, and compliance. With respect to any such contract awarded for which the contracting officer does not consider tradeoff processes, the contracting officer shall, before issuing a solicitation for such contract, submit to the Secretary a written justification for not considering tradeoff processes in awarding such contract. 844. Assessment of requirements for certain items to address supply chain vulnerabilities (a) Definitions In this section, the term dual-use has the meaning given in section 2500 of title 10, United States Code. (b) Assessment The Secretary of Defense shall assess the requirements of the Department of Defense for dual-use items covered by section 2533a of title 10, United States Code. (c) Policies The Secretary of Defense shall develop or revise and implement relevant policies to track and reduce fluctuations in supply chain forecasting and encourage predictable demand requirements for annual procurements of such dual-use items by the Office the Secretary of Defense, each military department, and the Defense Logistics Agency. (d) Report and briefings (1) Assessment report (A) In general Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the assessment conducted under subsection (b). (B) Form The report required by subparagraph (A) shall be submitted in an unclassified form, but may include a classified annex to the extent required to protect the national security of the United States. (2) Quarterly briefings (A) In general Not later than March 1, 2023, and quarterly thereafter until March 1, 2026, each Secretary of a military department and the Director of the Defense Logistics Agency shall brief the Under Secretary of Defense for Acquisition and Sustainment on the fluctuations in supply chain forecasting and demand requirements for each dual-use item covered by section 2533a of title 10, United States Code. (B) Documentation Each briefing under subparagraph (A) shall be accompanied by documentation regarding the particular points of discussion for that briefing, including the fluctuations described in such subparagraph, expressed as a percentage. 845. Department of Defense research and development priorities The Secretary of Defense shall cooperate with the Secretary of Energy to ensure that the priorities of the Department of Defense with respect to the research and development of alternative technologies to, and methods for the extraction, processing, and recycling of, critical minerals (as defined in section 2(b) of the National Materials and Minerals Policy, Research, and Development Act of 1980 ( 30 U.S.C. 1601(b) )) are considered and included where feasible in the associated research and development activities funded by the Secretary of Energy pursuant to the program established under paragraph (g) of section 7002 of division Z of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). 846. Report on the Manufacturing Engineering Education Program (a) Report required Not later than March 1, 2023, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a report on the Manufacturing Engineering Education Program established under section 2196 of title 10, United States Code (referred to in this section as the Program ). (b) Elements The report required under subsection (a) shall include the following elements for the Program: (1) A summary of activities conducted, and grants or awards made, during the previous fiscal year. (2) The extent to which the Program can be modified to improve collaboration among institutions of higher education, career and technical education programs, workforce development boards, labor organizations, and organizations representing defense industrial base contractors to focus on career pathways for individuals seeking careers in manufacturing. (3) An assessment of the benefits and costs of enhancing or expanding the Program to include individuals attending secondary schools and career and technical education programs not considered institutions of higher education. (4) Recommendations for legislative changes or other incentives that could improve career pathways for individuals seeking careers in manufacturing, particularly in support of the defense industrial base. (5) Other related matters the Secretary deems appropriate. (c) Definitions In this section: (1) The term career and technical education has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) The term defense industrial base contractor means a prime contractor or subcontractor (at any tier) in the defense industrial base. (3) The term institution of higher education has the meaning given such term in section 1001 of title 20, United States Code. (4) The term labor organization has the meaning given such term in section 2 of the National Labor Relations Act (29 14 U.S.C. 152 ). (5) The term workforce development board means a State board or a local board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries (a) Plan The Secretary of Defense, in consultation with the Secretary of State, shall develop and implement a plan to— (1) reduce the reliance of the United States on services, supplies, or materials obtained from sources located in geographic areas controlled by covered countries; and (2) mitigate the risks to national security and the defense supply chain arising from the reliance of the United States on such sources for services, supplies, or materials to meet critical defense requirements. (b) Report Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the plan required under subsection (a). (c) Covered country defined In this section, the term covered country means North Korea, China, Russia, and Iran. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region (a) Prohibition on the availability of funds for certain procurements from XUAR None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a poverty alleviation or pairing assistance program. (b) Rulemaking Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to require a certification from offerors for contracts with the Department of Defense stating the offeror has made a good faith effort to determine that forced labor from XUAR, as described in subsection (a), was not or will not be used in the performance of such contract. (c) Definitions In this section: (1) The term forced labor means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily. (2) The term person means— (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or (B) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A). (3) The term XUAR means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China. 851. Modifications to printed circuit board acquisition restrictions (a) In general Section 2533d of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking January 1, 2023 and inserting the date determined under paragraph (3) ; and (B) by adding at the end the following new paragraph: (3) Paragraph (1) shall take effect on January 1, 2027. ; (2) in subsection (c)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting specified type of after means any ; (ii) in subparagraph (A), by striking (as such terms are defined under sections 103 and 103a of title 41, respectively) ; and (iii) by amending subparagraph (B) to read as follows: (B) is a component of— (i) a defense security system; or (ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired. ; and (B) by adding at the end the following new paragraphs: (4) Commercial product; commercial service; commercially available off-the shelf item The terms commercial product , commercial service , and commercially available off-the-shelf item have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively. (5) Defense security system (A) The term defense security system means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which— (i) involves command and control of an armed force; (ii) involves equipment that is an integral part of a weapon or weapon system; or (iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions. (B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). (6) Specified type The term specified type means a printed circuit board that is— (A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and (B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2). ; and (3) by amending subsection (d) to read as follows: (d) Rulemaking (1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if— (A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems; including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2302 note); and (B) either— (i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or (ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense. (2) The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a specified type if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section. (3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items.. (b) Modification of independent assessment of printed circuit boards Section 841(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1)— (A) by striking the date of enactment of this Act and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; (B) by striking shall seek to enter and inserting shall enter ; (C) by striking to include printed circuit boards in commercial products or services, or in and inserting to include printed circuit boards in other commercial or ; and (D) by striking the scope of mission critical and all that follows through the period at the end and inserting types of systems, other than defense security systems (as defined in section 2533d(c) of title 10, United States Code), that should be subject to the prohibition in section 2533d(a) of title 10, United States Code. ; (2) in the heading for paragraph (2), by striking department of defense and inserting Department of Defense ; (3) in paragraph (2), by striking one year after entering into the contract described in paragraph (1) and inserting January 1, 2023 ; (4) in the heading for paragraph (3), by striking congress and inserting Congress ; and (5) in paragraph (3), by inserting after the recommendations of the report. the following: The Secretary shall use the report to determine whether any systems, other than defense security systems (as defined in section 2533d(c) of title 10, United States Code), or other types of printed circuit boards should be subject to the prohibition in section 2533d(a) of title 10, United States Code.. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries Section 851 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1510; 10 U.S.C. 2283 note) is amended to read as follows: 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries (a) Establishment The Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces. (b) Funds (1) In general The funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act ( 15 U.S.C. 638(f) ). (2) Limitations (A) Fiscal year A covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to such section 9(f) for a fiscal year. (B) Aggregate amount The aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000. (c) Partnership intermediaries (1) Authorization The Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns. (2) Limitation None of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program. (3) Data With respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the— (A) staffing structure; (B) funding sources; and (C) methods for identifying and evaluating small business concerns eligible for a covered award. (d) Report (1) Annual report Not later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including— (A) a description of each agreement with a partnership intermediary entered into pursuant to this section; (B) for each covered award made under this section— (i) a description of the role served by the partnership intermediary; (ii) the amount of funds obligated; (iii) an identification of the small business concern that received such covered award; (iv) a description of the use of such covered award; (v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and (vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and (C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces. (2) Final report The final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding— (A) whether and for how long the pilot program established under this section should be extended; and (B) whether to increase funding for the pilot program, including a justification for such an increase. (e) Termination The authority to carry out a pilot program under this section shall terminate on September 30, 2025. (f) Definitions In this section: (1) The term covered award means an award made under the Small Business Innovation Research Program. (2) The term covered entity means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; (E) the Space Force; and (F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program. (3) The term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3715(c) ). (4) The term small business concern has the meaning given the term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (5) The term Small Business Innovation Research Program has the meaning given the term in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (6) The term technology-enhanced capability means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.. 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries (a) Establishment The Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces. (b) Funds (1) In general The funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act ( 15 U.S.C. 638(f) ). (2) Limitations (A) Fiscal year A covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to such section 9(f) for a fiscal year. (B) Aggregate amount The aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000. (c) Partnership intermediaries (1) Authorization The Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns. (2) Limitation None of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program. (3) Data With respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the— (A) staffing structure; (B) funding sources; and (C) methods for identifying and evaluating small business concerns eligible for a covered award. (d) Report (1) Annual report Not later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including— (A) a description of each agreement with a partnership intermediary entered into pursuant to this section; (B) for each covered award made under this section— (i) a description of the role served by the partnership intermediary; (ii) the amount of funds obligated; (iii) an identification of the small business concern that received such covered award; (iv) a description of the use of such covered award; (v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and (vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and (C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces. (2) Final report The final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding— (A) whether and for how long the pilot program established under this section should be extended; and (B) whether to increase funding for the pilot program, including a justification for such an increase. (e) Termination The authority to carry out a pilot program under this section shall terminate on September 30, 2025. (f) Definitions In this section: (1) The term covered award means an award made under the Small Business Innovation Research Program. (2) The term covered entity means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; (E) the Space Force; and (F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program. (3) The term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3715(c) ). (4) The term small business concern has the meaning given the term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (5) The term Small Business Innovation Research Program has the meaning given the term in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (6) The term technology-enhanced capability means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission. 853. Additional testing of commercial e-commerce portal models Section 846(c) of the National Defense Authorization Act for Fiscal Year 2018 ( 41 U.S.C. 1901 note) is amended by adding at the end the following new paragraphs: (5) Additional testing Not later than 180 days after the date of the enactment of this paragraph, the Administrator shall— (A) begin testing commercial e-commerce portal models (other than any such model selected for the initial proof of concept) identified pursuant to paragraph (2); and (B) submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes— (i) a summary of the assessments conducted under paragraph (2) with respect to a commercial e-commerce portal model identified pursuant to such paragraph; (ii) a list of the types of commercial products that could be procured using models tested pursuant to subparagraph (A); (iii) an estimate of the amount that could be spent by the head of a department or agency under the program, disaggregated by type of commercial e-commerce portal model; and (iv) an update on the models tested pursuant to subparagraph (A) and a timeline for completion of such testing. (6) Report Upon completion of testing conducted under paragraph (5) and before taking any action with respect to the commercial e-commerce portal models tested, the Administrator of General Services shall submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of such testing that includes— (A) an assessment and comparison of commercial e-commerce portal models with respect to— (i) price and quality of the commercial products supplied by each commercial e-commerce portal model; (ii) supplier reliability and service; (iii) safeguards for the security of Government information and third-party supplier proprietary information; (iv) protections against counterfeit commercial products; (v) supply chain risks, particularly with respect to complex commercial products; and (vi) overall adherence to Federal procurement rules and policies; and (B) an analysis of the costs and benefits of the convenience to the Federal Government of procuring commercial products from each such commercial e-commerce portal model.. 854. Requirement for industry days and requests for information to be open to allied defense contractors (a) In general Not later than 90 days after the date of the enactment of this Act, each service acquisition executive shall implement a requirement that industry days and requests for information regarding acquisition programs and research and development efforts of the Department of Defense shall, to the maximum extent practicable, be open to defense contractors of the national technology and industrial base, including when such contractors are acting as subcontractors in partnership with a United States contractor, provided such access is granted only if the Secretary of Defense or the relevant Secretary concerned determines that there is reciprocal access for United States companies to equivalent information related to contracting opportunities in the associated country that is part of the national technology and industrial base. (b) Definitions In this section: (1) National technology and industrial base The term national technology and industrial base has the meaning given the term in section 2500 of title 10, United States Code. (2) Secretary concerned; service acquisition executive The terms Secretary concerned and service acquisition executive have the meanings given such terms in section 101(a) of title 10, United States Code. 855. Employment transparency regarding individuals who perform work in the People’s Republic of China (a) Disclosure requirements (1) Initial disclosures The Secretary of Defense shall require each covered entity to disclose to the Secretary of Defense if the entity employs one or more individuals who will perform work in the People’s Republic of China on a covered contract when the entity submits a bid or proposal for such covered contract, except that such disclosure shall not be required to the extent that the Secretary determines that such disclosure would not be in the interest of national security. (2) Recurring disclosures For each of fiscal years 2023 and 2024, the Secretary of Defense shall require each covered entity that is a party to one or more covered contracts in the fiscal year to disclose to the Secretary if the entity employs one or more individuals who perform work in the People’s Republic of China on any such contract. (3) Matters to be included If a covered entity required to make a disclosure under paragraph (1) or (2) employs any individual who will perform work in the People’s Republic of China on a covered contract, such disclosure shall include— (A) the total number of such individuals who will perform work in the People’s Republic of China on the covered contracts funded by the Department of Defense; and (B) a description of the physical presence in the People’s Republic of China where work on the covered contract will be performed. (b) Funding for covered entities The Secretary of Defense may not award a covered contract to, or renew a covered contract with, a covered entity unless such covered entity has submitted each disclosure such covered entity is required to submit under subsection (a). (c) Semi-annual briefing Beginning on January 1, 2023, the Secretary of Defense shall provide to the congressional defense committees semi-annual briefings that summarize the disclosures received by the Department over the previous 180 days pursuant to this section, and such briefings may be classified. (d) Definitions In this section: (1) Covered contract The term covered contract means any Department of Defense contract or subcontract with a value in excess of $5,000,000, excluding contracts for commercial products or services. (2) Covered entity The term covered entity means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity, including any subsidiary thereof, performing work on a covered contract in the People’s Republic of China, including by leasing or owning real property used in the performance of the covered contract in the People’s Republic of China. (e) Effective date This section shall take effect on July 1, 2022. 856. Briefing on compliance with contractor lobbying restrictions (a) Briefing required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees with a briefing on the progress of the Department in ensuring compliance with the requirements of section 1045 of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 971 note prec; Public Law 115–91 ; 131 Stat. 155). (b) Elements The briefing required in paragraph (a) shall include— (1) the number, title, and status of any open Defense Federal Acquisition Regulation Supplement case relating to such section; (2) the timeline for closing any such Defense Federal Acquisition Regulation Supplement case; and (3) other related matters the Secretary deems appropriate. 857. Congressional oversight of personnel and contracts of private security contractors (a) Report on actions taken to implement Government Accountability Office recommendations Not later than October 1, 2022, the Secretary of Defense, in consultation with each Secretary of a military department (as defined in section 101 of title 10, United States Code), shall submit to the congressional defense committees a report on the efforts and plans of the Department of Defense to implement the recommendations contained in the report of the Government Accountability Office titled Private Security Contractors: DOD Needs to Better Identify and Monitor Personnel and Contracts (GAO–21–255), dated July 29, 2021. (b) Contents The report required by subsection (a) shall include— (1) a summary of the actions planned or taken by the Secretary of Defense to implement the recommendations in the report of the Government Accountability Office described in such subsection; and (2) a schedule for completing the implementation of each such recommendation, including specific milestones for such implementation. (c) Form The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold (a) In general Section 1908(b)(2) of title 41, United States Code, is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.. (b) Technical amendment Section 1908(d) of such title is amended by striking the period at the end. 862. Modification to the pilot program for streamlining awards for innovative technology projects (a) Extension Subsection (f) of section 873 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2306a note) is amended by striking October 1, 2022 and inserting October 1, 2024. (b) Data collection The Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under such section 873 for the purposes of— (1) developing and sharing best practices; and (2) providing information to the Secretary of Defense and Congress on the use of authority under such section 873 and related policy issues. (c) Recommendation on extension Not later than April 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a recommendation regarding a further extension of the pilot program for streamlining awards for innovative technology projects established under such section 873, and if applicable, the duration of any such extension. 863. Protests and appeals relating to eligibility of business concerns Section 5(i) of the Small Business Act ( 15 U.S.C. 634(i) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: (4) Determinations regarding status of concerns (A) In general Not later than 2 days after the date on which a final determination that a business concern does not meet the requirements of the status such concern claims to hold is made, such concern or the Administrator, as applicable, shall update the status of such concern in the System for Award Management (or any successor system). (B) Administrator updates If such concern fails to update the status of such concern as described in subparagraph (A), not later than 2 days after such failure the Administrator shall make such update. (C) Notification A concern required to make an update described under subparagraph (A) shall notify a contracting officer for each contract with respect to which such concern has an offer or bid pending of the determination made under subparagraph (A), if the concern finds, in good faith, that such determination affects the eligibility of the concern to perform such a contract.. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns Not later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue a rule authorizing the Office of Hearings and Appeals of the Administration to decide all appeals from formal protest determinations in connection with the status of a concern as a qualified HUBZone small business concern (as such term is defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ). 865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program (a) In general Not later than 10 days after the date on which the budget of the President for fiscal years 2022 through 2032 is submitted to Congress pursuant to section 1105 of title 31, United States Code, each Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on unfunded priorities of the Department of Defense related to high-priority Small Business Innovation Research and Small Business Technology Transfer projects. (b) Elements (1) In general Each report under subsection (a) shall include identification of not more than five unfunded priority projects and the following information for each such unfunded priority project: (A) A summary description of the unfunded priority project, including the objectives to be achieved if such project were to be funded (either in whole or in part). (B) The additional amount of funds recommended to achieve the objectives identified under subparagraph (A). (C) Account information with respect to such unfunded priority project, including, as applicable, the following: (i) Line item number, in the case of applicable procurement accounts. (ii) Program element number, in the case of applicable research, development, test, and evaluation accounts. (iii) Subactivity group, in the case of applicable operation and maintenance accounts. (2) Priority Each Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall ensure that the unfunded priorities covered by a report submitted under subsection (a) are listed in the order of urgency of priority. (c) Definitions In this section: (1) Unfunded priority The term unfunded priority , with respect to a fiscal year, means a specific project related to a project successfully funded under Phase II of the Small Business Innovation Research or Small Business Technology Transfer program that— (A) is not funded in the budget of the President for that fiscal year, as submitted to Congress pursuant to section 1105 of title 31, United States Code; (B) has the potential to— (i) advance the national security capabilities of the United States; (ii) provide new technologies or processes, or new applications of existing technologies or processes, that will enable new alternatives to existing programs; and (iii) provide future cost savings; and (C) would have been recommended for funding through the budget referred to in subparagraph (A) if— (i) additional resources had been available to fund the program, activity, or mission requirement to which the specific project relates; or (ii) the program, activity, or mission requirement for such specific project had emerged before the budget was formulated. (2) Phase II; Small Business Innovation Research; Small Business Technology Transfer The terms Phase II , Small Business Innovation Research , and Small Business Technology Transfer have the meanings given such terms, respectively, in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). 866. Report on Cybersecurity Maturity Model Certification effects on small business Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report on the effects of the Cybersecurity Maturity Model Certification framework of the Department of Defense on small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ), including— (1) the estimated costs of complying with each level of the framework based on verified representative samples of actual costs of compliance small business concerns and an explanation of how these costs will be recoverable by such small business concerns; (2) the estimated change in the number of small business concerns that are part of the defense industrial base resulting from the implementation and use of the framework; (3) explanations of how the Department of Defense will— (A) mitigate negative effects to such small business concerns resulting from the implementation and use of the framework; (B) ensure small business concerns are trained on the requirements for passing a third-party assessment, self-assessment, or Government-assessment, as applicable, for compliance with the relevant level of the framework; and (C) work with small business concerns and nontraditional defense contractors (as defined under section 2302 of title 10, United States Code) to enable such concerns and contractors to bid on and win contracts with the Department without first having to risk funds on costly security certifications; and (4) the plan of the Department for conducting oversight of third parties conducting assessments of compliance with the applicable protocols under the framework. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards (a) Definitions In this section, the terms Phase I , Phase II , Phase III , SBIR , and STTR have the meanings given those terms in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (b) Data on Phase III awards Each Secretary of a military department (as defined in section 101 of title 10, United States Code) shall collect and submit to the President for inclusion in each budget submitted to Congress under section 1105 of title 31, United States Code, data on the Phase III awards under the SBIR and STTR programs of the military department of the Secretary for the immediately preceding fiscal year, including— (1) the cumulative funding amount for Phase III awards; (2) the number of Phase III award topics; (3) the total funding obligated for Phase III awards by State; (4) the original Phase I or Phase II award topics and the associated Phase III contracts awarded; (5) where possible, an identification of the specific program executive office involved in each Phase III transition; and (6) a list of the five highest performing projects, as determined by the Secretary. 871. Mission management pilot program (a) In general Subject to the availability of appropriations, the Secretary of Defense shall establish a pilot program to identify lessons learned and improved mission outcomes achieved by quickly delivering solutions that fulfill critical operational needs arising from cross-service missions undertaken by combatant commands through the use of a coordinated and iterative approach to develop, evaluate, and transition such solutions. (b) Missions selection (1) In general Except as provided in paragraph (3), the Deputy Secretary of Defense shall select missions with respect to which to carry out the pilot program. (2) Selection criteria When selecting missions under paragraph (1), the Deputy Secretary of Defense shall— (A) select missions with critical cross-service operational needs; and (B) consider— (i) the strategic importance of the critical cross-service operational needs to the operational plans of the relevant combatant commands; and (ii) the advice of key stakeholders, including the Joint Staff, regarding mission selection. (3) Initial mission (A) In general Not later than four months after the date of the enactment of this section, the Director of the Strategic Capabilities Office shall select the initial mission under the pilot program that has critical cross-service operational needs and which is of strategic importance to the operational plans of the United States Indo-Pacific Command. (B) Responsibility The mission selected under subparagraph (A) shall be established within the Strategic Capabilities Office of the Department of Defense, in coordination with the Office of the Under Secretary of Defense for Research and Engineering. (C) Mission selection approval The mission selected by the Director of the Strategic Capabilities Office under subparagraph (A) shall be subject to the approval of the Technology Cross-Functional Team of the Strategic Capabilities Office that is chaired by the Under Secretary of Defense for Research and Engineering. (c) Mission managers (1) In general A mission manager shall carry out the pilot program with respect to each mission. (2) Responsibilities With respect to each mission, the relevant mission manager shall— (A) identify critical cross-service, cross-program, and cross-domain operational needs by enumerating the options available to the combatant command responsible for carrying out such mission and determining the resiliency of such options to threats from adversaries; (B) in coordination with the military services and appropriate Defense Agencies and Field Activities, develop and deliver solutions, including software and information technology solutions and other functionalities unaligned with any one weapon system of a covered Armed Service, to— (i) fulfill critical cross-service, cross-program, and cross-domain operational needs; and (ii) address future changes to existing critical cross-service, cross-program, and cross-domain operational needs by providing additional capabilities; (C) work with the combatant command responsible for such mission and the related planning organizers, program managers of a covered Armed Force, and defense research and development activities to carry out iterative testing and support to initial operational fielding of the solutions described in subparagraph (B); (D) conduct research, development, test, evaluation, and transition support activities with respect to the delivery of the solutions described in subparagraph (B); (E) seek to integrate existing, emerging, and new capabilities available to the Department of Defense in the development of the solutions described in subparagraph (B), including by incenting and working with program managers of a covered Armed Force; and (F) provide to the Deputy Secretary of Defense mission management activity updates and reporting on the use of funds under the pilot program with respect to such mission. (3) Appointment Each mission selected under subsection (b) shall have a mission manager— (A) appointed at the time of mission approval; and (B) who may be from any suitable organization, except that the mission manager with respect the initial mission under (b)(3) shall be the Director of the Strategic Capabilities Office. (4) Iterative approach The mission manager shall, to the extent practicable, carry out the pilot program with respect to each mission selected under subsection (b) by integrating existing, emerging, and new military capabilities, and managing a portfolio of small, iterative development and support to initial operational fielding efforts. (5) Other program management responsibilities The activities undertaken by the mission manager with respect to a mission, including mission management, do not supersede or replace the program management responsibilities of any other individual that are related to such missions. (d) Data collection requirement The Deputy Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of— (1) developing and sharing best practices for applying emerging technology and supporting new operational concepts to improve outcomes on key military missions and operational challenges; and (2) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues. (e) Assessments During the five-year period beginning on the date of the enactment of this Act, the Deputy Secretary of Defense shall regularly assess— (1) the authorities required by the mission managers to effectively and efficiently carry out the pilot program with respect to the missions selected under subsection (b); and (2) whether the mission managers have access to sufficient funding to carry out the research, development, test, evaluation, and support to initial operational fielding activities required to deliver solutions fulfilling the critical cross-service, cross-program, and cross-domain operational needs of the missions. (f) Briefings (1) Semiannual briefing (A) In general Not later than July 1, 2022, and every six months thereafter until the date that is five years after the date of the enactment of this Act, the mission manager shall provide to the congressional defense committees a briefing on the progress of the pilot program with respect to each mission selected under subsection (b), the anticipated mission outcomes, and the funds used to carry out the pilot program with respect to such mission. (B) Initial briefing The Deputy Secretary of Defense shall include in the first briefing submitted under subparagraph (A) a briefing on the implementation of the pilot program, including— (i) the actions taken to implement the pilot program; (ii) an assessment of the pilot program; (iii) requests for Congress to provide authorities required to successfully carry out the pilot program; and (iv) a description of the data plan required under subsection (d). (2) Annual briefing Not later than one year after the date on which the pilot program is established, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a briefing on the pilot program, including— (A) the data collected and analysis performed under subsection (d); (B) lessons learned; (C) the priorities for future activities of the pilot program; and (D) such other information as the Deputy Secretary determines appropriate. (3) Recommendation Not later than two years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to Congress a briefing on the recommendations of the Deputy Secretary with respect to the pilot program and shall concurrently submit to Congress— (A) a written assessment of the pilot program; (B) a written recommendation on continuing or expanding the mission integration pilot program; (C) requests for Congress to provide authorities required to successfully carry out the pilot program; and (D) the data collected and analysis performed under subsection (d). (g) Transition Beginning in fiscal year 2025, the Deputy Secretary of Defense may transition responsibilities for research, development, test, evaluation, and support to initial operational fielding activities started under the pilot program to other elements of the Department for purposes of delivering solutions fulfilling critical cross-service, cross-program, and cross-domain operational needs. (h) Termination date The pilot program shall terminate on the date that is five years after the date of the enactment of this Act. (i) Rule of construction Nothing in this section shall be construed as providing any authority not otherwise provided by law to procure, or enter agreements to procure, any goods, materials, or services. (j) Definitions In this section: (1) Covered armed force The term covered Armed Force means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; or (E) the Space Force. (2) Cross-functional teams of the strategic capabilities office The term Cross-Functional Teams of the Strategic Capabilities Office means the teams established in the Strategic Capabilities Office of the Department of Defense pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1277; 10 U.S.C. 132 note). (3) Cross-service The term cross-service means pertaining to multiple covered Armed Forces. (4) Cross-domain The term cross-domain means pertaining to multiple operational domains of land, maritime, air, space, and cyberspace. (4) Cross-service operational need The term cross-service operational need means an operational need arising from a mission undertaken by a combatant command which involves multiple covered Armed Forces. (5) Defense agency; military department The terms Defense Agency and military department have the meanings given such terms in section 101(a) of title 10, United States Code. (6) Field activity The term Field Activity has the meaning given the term Department of Defense Field Activity in section 101(a) of title 10, United States Code. (7) Mission management The term mission management means the integration of materiel, digital, and operational elements to improve defensive and offensive options and outcomes for a specific mission or operational challenge. (8) Pilot program The term pilot program means the pilot program established under subsection (a). 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps (a) In general The Secretary of Defense shall establish, within the Strategic Capabilities Office of the Office of the Secretary of Defense, not fewer than two mission-oriented integration pilot programs with the objective of closing significant capabilities gaps by developing and implementing capabilities and by synchronizing and integrating missions across covered Armed Forces and Defense Agencies. (b) Elements The pilot programs established under subsection (a) shall— (1) seek to address specific outstanding operational challenges of high importance to the operational plans of the United States Indo-Pacific Command and the United States European Command; (2) be designed to leverage industry cost sharing by using sources such as private equity and venture capital funding to develop technologies and overall capabilities that resolve significant capability gaps for delivery to the Department of Defense, as a product or as a service; (3) not later than three years after the date on which the pilot program commences, demonstrate the efficacy of the solutions being developed under the pilot program; (4) deliver an operational capability not later than five years after the pilot program commences; (5) provide an operationally relevant solution for— (A) (i) maintaining resilient aircraft operations in and around Guam in the face of evolving regional threats, including large salvo supersonic and hypersonic missile threats; or (ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command or the United States European Command; and (B) (i) providing a resilient logistic and resupply capability in the face of evolving regional threats, including operations within an anti-access-area denial environment; or (ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command; and (6) incorporate— (A) existing and planned Department of Defense systems and capabilities to achieve mission objectives; and (B) to the extent practicable, technologies that have military applications and the potential for nonmilitary applications. (c) Role of strategic capabilities office (1) In general With respect to the pilot programs established under subsection (a), the Director of the Strategic Capabilities Office, in consultation with the Under Secretary of Defense for Research and Engineering, shall— (A) assign mission managers or program managers— (i) to coordinate and collaborate with entities awarded contracts or agreements under the pilot program, parties to cost sharing agreements for such awarded contracts or agreements, combatant commands, and military departments to define mission requirements and solutions; and (ii) to coordinate and monitor pilot program implementation; (B) provide technical assistance for pilot program activities, including developing and implementing metrics, which shall be used— (i) to assess each operational challenge such pilot programs are addressing; and (ii) to characterize the resilience of solutions being developed under the pilot programs to known threats and single points of failure; (C) provide operational use case expertise to the entities awarded contracts or agreements under the pilot program and parties to cost sharing agreements for such awarded contracts or agreements; (D) serve as the liaison between the Armed Forces, the combatant commanders, and the participants in the pilot programs; and (E) use flexible acquisition practices and authorities, including— (i) the authorities under section 2371 and 2371b of title 10, United States Code; (ii) payments for demonstrated progress; (iii) authorities under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ); and (iv) other acquisition practices that support efficient and effective access to emerging technologies and capabilities, including technologies and capabilities from companies funded with private investment. (2) Reports to congress Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of the Strategic Capabilities Office shall submit to the congressional defense committees a report on the pilot programs. (d) Additional authorities The Secretary of Defense shall assess authorities required for such mission managers and program managers to effectively and efficiently fulfill their responsibilities under the pilot programs, including the delegation of personnel hiring and contracting authorities. (e) Data The Secretary of Defense shall establish mechanisms to collect and analyze data on the implementation of the pilot programs for the purposes of— (1) developing and sharing best practices for achieving goals established for the pilot programs; and (2) providing information to the Secretary and the congressional defense committees on— (A) the implementation of the pilot programs; and (B) related policy issues. (f) Recommendations Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a recommendation with respect to continuing or expanding the pilot program. (g) Transition of pilot program responsibilities Beginning in fiscal year 2025, the Secretary may transition the responsibility for the pilot programs to another organization. (h) Definitions In this section: (1) Covered Armed Force The term covered Armed Force means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; or (E) the Space Force. (2) Defense Agency The term Defense Agency has the meaning given such term in section 101(a) of title 10, United States Code. (3) Mission manager The term mission manager means an individual that, with respect to a mission under a pilot program established under subsection (a), shall have the responsibilities described in subparagraphs (B) through (F) of section 871(c)(2) of this Act. 873. Independent study on acquisition practices and policies (a) Study required Not later than March 30, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center under which such center shall conduct a study on the acquisition practices and policies described in subsection (b). (b) Study elements The study required under subsection (a) shall identify the knowledge and tools needed for the acquisition workforce of the Department of Defense to— (1) engage in acquisition planning practices that assess the cost, resource, and energy preservation differences resulting from selecting environmentally preferable goods or services when identifying requirements or drafting statements of work; (2) engage in acquisition planning practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including— (A) technical specifications that establish performance levels for goods and services to diminish greenhouse gas emissions; (B) statements of work or specifications restricted to environmentally preferable goods or services where the quality, availability, and price is comparable to traditional goods or services; (C) engaging in public-private partnerships to design, build, and fund resilient, low-carbon infrastructure; (D) collaborating with local jurisdictions surrounding military installations, with a focus on reducing environmental costs; and (E) technical specifications that consider risk to supply chains from extreme weather and changes in environmental conditions; (3) employ source selection practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including— (A) considering resilience, low-carbon, or low-toxicity criteria as competition factors on the basis of which the award is made in addition to cost, past performance, and quality factors; (B) using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency; (C) evaluating the veracity of certifications and labels purporting to convey information about the environmental impact of a good or service; and (D) considering the costs of a good or service that will be incurred throughout its lifetime, including operating costs, maintenance, end of life costs, and residual value, including costs resulting from the carbon dioxide and other greenhouse gas emissions associated with the good or service; and (4) consider external effects, including economic, environmental, and social, arising over the entire life cycle of an acquisition when making acquisition planning and source selection decisions. (c) Submission to Department of Defense Not later than one year after the date of the enactment of this Act, the federally funded research and development center that conducts the study under subsection (a) shall submit to the Secretary of Defense a report on the results of the study in an unclassified form but may include a classified annex. (d) Submission to Congress Not later than 30 days after the date on which the Secretary of Defense receives the report under subsection (c), the Secretary shall submit to the congressional defense committees an unaltered copy along with any comments the Secretary may have with respect to the report. (e) Definitions In this section: (1) The term environmentally preferable , with respect to a good or service, means that the good or service has a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose or achieve the same or substantially similar result. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the good or service. (2) The term resource-efficient goods and services means goods and services— (A) that use fewer resources than competing goods and services to serve the same purposes or achieve the same or substantially similar result as such competing goods and services; and (B) for which the negative environmental impacts across the full life cycle of such goods and services are minimized. 874. Pilot program to incentivize contracting with employee-owned businesses (a) Qualified business wholly-owned through an Employee Stock Ownership Plan defined The term qualified businesses wholly-owned through an Employee Stock Ownership Plan means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of such Code). (b) Pilot program to Use Noncompetitive Procedures for certain follow-on contracts to Qualified Businesses Wholly-Owned Through an Employee Stock Ownership Plan (1) Establishment The Secretary of Defense may establish a pilot program to carry out the requirements of this section. (2) Follow-on contracts Notwithstanding the requirements of section 2304 of title 10, United States Code, and with respect to a follow-on contract for the continued development, production, or provision of products or services that are the same as or substantially similar to the products or services procured by the Department of Defense under a prior contract held by a qualified business wholly-owned through an Employee Stock Ownership Plan, the products or services to be procured under the follow-on contract may be procured by the Department of Defense through procedures other than competitive procedures if the performance of the qualified business wholly-owned through an Employee Stock Ownership Plan on the prior contract was rated as satisfactory (or the equivalent) or better in the applicable past performance database. (3) Limitation A qualified business wholly-owned through an Employee Stock Ownership Plan may have a single opportunity for award of a sole-source follow-on contract under this section, unless a senior contracting official (as defined in section 1737 of title 10, United States Code) approves a waiver of the requirements of this section. (c) Verification and reporting of qualified businesses wholly-owned through an employee stock ownership plan Under a pilot program established under this section, the Secretary of Defense shall establish procedures— (1) for businesses to verify status as a qualified businesses wholly-owned through an Employee Stock Ownership Plan for the purposes of this section by using existing Federal reporting mechanisms; (2) for a qualified businesses wholly-owned through an Employee Stock Ownership Plan to certify that not more than 50 percent of the amount paid under the contract will be expended on subcontracts, subject to such necessary and reasonable waivers as the Secretary may prescribe; and (3) to record information on each follow-on contract awarded under subsection (b), including details relevant to the nature of such contract and the qualified business wholly-owned through an Employee Stock Ownership Plan that received such contract, and to provide such information to the Comptroller General of the United States. (d) Data (1) In general If the Secretary of Defense establishes a pilot program under this section, the Secretary shall establish mechanisms to collect and analyze data on the pilot program for the purposes of— (A) developing and sharing best practices relating to the pilot program; (B) providing information to leadership and the congressional defense committees on the pilot program, including with respect to each qualified business wholly-owned through an Employee Stock Ownership Plan that received a follow-on contract under this section— (i) the size of such business; (ii) performance of the follow-on contract; and (iii) other information as determined necessary; and (C) providing information to leadership and the congressional defense committees on policy issues related to the pilot program. (2) Limitation The Secretary of Defense may not carry out the pilot program under this section before— (A) completing a data collection and reporting strategy and plan to meet the requirements of this subsection; and (B) submitting the strategy and plan to the congressional defense committees. (e) Sunset Any pilot program established under this section shall expire on the date that is five years after the date of the enactment of this Act. (f) Comptroller General report (1) In general Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on any individual and aggregate uses of the authority under a pilot program established under this section. (2) Elements The report under paragraph (1) shall include the following elements: (A) An assessment of the frequency and nature of the use of the authority under the pilot program. (B) An assessment of the impact of the pilot program in supporting the national defense strategy required under section 113(g) of title 10, United States Code. (C) The number of businesses that became qualified businesses wholly-owned through an Employee Stock Ownership Plan in order to benefit from the pilot program and the factors that influenced that decision. (D) Acquisition authorities that could incentivize businesses to become qualified businesses wholly-owned through an Employee Stock Ownership Plan, including an extension of the pilot program. (E) Any related matters the Comptroller General considers appropriate. 875. Guidance, training, and report on place of performance contract requirements (a) Guidance and training Not later than July 1, 2022, the Secretary of Defense shall— (1) issue guidance on covered contracts to ensure that, to the maximum extent practicable, the terms of such covered contract avoid specifying an unnecessarily restrictive place of performance for such covered contract; and (2) implement any necessary training for appropriate individuals relating to the guidance required under paragraph (1). (b) Report (1) In general Not later than July 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on covered contracts. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A description of the criteria that is considered when the Secretary specifies a particular place of performance in a covered contract. (B) The number of covered contracts awarded during each of fiscal years 2016 through 2020. (C) An assessment of the extent to which revisions to guidance or regulations related to the use of covered contracts could improve the effectiveness and efficiency of the Department of Defense, including a description of such revisions. (c) Covered contract defined In this section, the term covered contract means a contract for which the Secretary of Defense specifies the place of performance for such contract. 876. Notification of certain intergovernmental support agreements (a) Notification required During fiscal years 2022 and 2023, not less than 60 days before entering into an intergovernmental support agreement under section 2679 of title 10, United States Code, that is an exception to the requirements of chapter 85 of title 41, United States Code, the Secretary concerned shall submit, in writing, to the congressional defense committees a report including the following relating to such agreement: (1) The circumstances that resulted in the need to enter into an intergovernmental support agreement that included such exception. (2) The anticipated benefits of entering into such agreement that included such exception. (3) The anticipated impact on persons covered under such chapter 85 because of such exception. (4) The extent to which such agreement complies with applicable policies, directives, or other guidance of the Department of Defense. (b) Recommendations (1) In general The Secretary of Defense shall submit to the congressional defense committees, along with the budget request materials for fiscal year 2023, specific recommendations for modifications to the legislative text of subsection (a)(1) of section 2679 of title 10, United States Code, along with a rationale for any such modifications, to identify specific provisions of Federal contracting law appropriate for waiver or exemption to ensure effective use of intergovernmental support agreements under such section. (2) Budget request materials defined In this subsection, the term budget request materials means the materials submitted to Congress by the President under section 1105(a) of title 31, United States Code. (c) Briefing required Not later than 6 months after the date of enactment of this Act the Secretary of Defense shall provide to the congressional defense committees a briefing on activities taken to carry out the requirements of this section. (d) Policy required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to clarify the use of the authority under section 2679 of title 10, United States Code, including with respect to— (1) the application of other requirements of acquisition law and policy; and (2) chapter 85 of title 41, United States Code. (e) Secretary concerned defined In this section, the term Secretary concerned means— (1) the Secretary of the Army, with respect to matters concerning the Army; (2) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and (3) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force. 877. Report on requests for equitable adjustment in Department of the Navy (a) Report required Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report describing in detail the processing of requests for equitable adjustment by the Department of the Navy between October 1, 2011, and the date of the enactment of this Act, including progress by components within the Department of the Navy in complying with the covered directive. (b) Contents The report required under subsection (a) shall include, at a minimum, the following: (1) The number of requests for equitable adjustment submitted between October 1, 2011, and the date of the enactment of this Act. (2) The components within the Department of the Navy to which each such request was submitted. (3) The number of requests for equitable adjustment outstanding as of the date of the enactment of this Act. (4) The number of requests for equitable adjustment settled but not paid as of the date of the enactment of this Act, including a description of why each such request has not been paid. (5) A detailed explanation of the efforts by the Secretary of the Navy to ensure compliance of components within the Department of the Navy with the covered directive. (c) Covered directive defined In this section, the term covered directive means the directive of the Assistant Secretary of the Navy for Research, Development, and Acquisition, dated March 20, 2020, and titled (Intent and Direction) Withholds and Retentions During COVID-19 requiring— (1) payment to contractors of all settled requests for equitable adjustment; and (2) the expeditious resolution of all outstanding requests for equitable adjustment. 878. Military standards for armor materials in vehicle specifications (a) In general Not later than June 30, 2022, the Secretary of the Army shall establish technical specification standards for all metal and non-metal armor for incorporation into specifications for current and future armored vehicles developed or procured by the Department of the Army. (b) Report required (1) In general On the date on which the standards described in subsection (a) are established under such subsection, the Secretary of the Army shall submit to the congressional defense committees a report describing— (A) the establishment of such standards; and (B) the strategy for incorporating such standards as requirements for armored vehicles developed and procured by the Department of the Army. (2) Form The report required by paragraph (1) shall be in an unclassified form, but may include a classified annex. (c) Armored vehicle defined For purposes of this section, the term armored vehicle means a tracked or wheeled tactical vehicle incorporating armor in its manufacture. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions (a) Secretary of Defense Subsection (a) of section 113 of title 10, United States Code, is amended to read as follows: (a) (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.. (b) Assistant Secretary of Defense for special operations and low intensity conflict Section 138(b)(2)(A) of title 10, United States Code, is amended by inserting after the third sentence the following: A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.. (c) Secretary of the Army Section 7013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (d) Secretary of the Navy Section 8013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (e) Secretary of the Air Force Section 9013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (f) Technical corrections relating to other positions (1) Under Secretary of Defense (Comptroller) Section 135(a)(1) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (2) Under Secretary of Defense for personnel and readiness Section 136(a) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (3) Under Secretary of Defense for intelligence and security Section 137(a) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (g) Applicability The amendments made by subsections (a) through (e) shall apply with respect to appointments made on or after the date of the enactment of this Act. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity (a) Treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity (1) Transfer to chapter 8 Section 146 of title 10, United States Code, is transferred to subchapter I of chapter 8 of such title, inserted after section 197, and redesignated as section 198. (2) Treatment as Department of Defense Field Activity Section 198(a) of such title, as transferred and redesignated by subsection (a) of this subsection, is amended— (A) by striking in the Office of the Secretary of Defense an office to be known as the and inserting in the Department of Defense an ; and (B) by adding at the end the following: The Secretary shall designate the Office as a Department of Defense Field Activity pursuant to section 191, effective as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).. (3) Appointment of Director Such section 198 is further amended— (A) in subsection (b) in the matter preceding paragraph (1), by striking Under Secretary of Defense for Acquisition and Sustainment and inserting Secretary of Defense ; and (B) in subsection (c)(4), by striking Under Secretary of Defense for Acquisition and Sustainment and inserting Secretary. (4) Clerical amendments (A) Chapter 4 The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 146. (B) Chapter 8 The table of sections at the beginning of subtitle I of chapter 8 of such title is amended by inserting after the item relating to section 197 the following new item: 198. Office of Local Defense Community Cooperation.. (b) Limitation on involuntary separation of personnel No personnel of the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)), may be involuntarily separated from service with that Office during the one-year period beginning on the date of the enactment of this Act, except for cause. (c) Administration of programs Any program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall be administered by the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)). (d) Conforming repeal Section 905 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is repealed. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council (a) In general Section 181 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and (B) by inserting after paragraph (1) the following new paragraph: (2) increasing awareness of global trends, threats, and adversary capabilities to address gaps in joint military capabilities and validate joint requirements developed by the military departments; ; and (2) in subsection (d)(1)(D), by striking the period at the end and inserting the following: who shall serve as the Chief Technical Advisor to the Council and— (i) shall provide assistance in evaluating the technical feasibility of requirements under development; and (ii) shall identify options for expanding or generating new requirements based on opportunities provided by new or emerging technologies.. (b) Independent study (1) Study required The Secretary of Defense shall enter into an agreement with a covered entity to conduct an independent study assessing the role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. (2) Elements The study required by paragraph (1) shall include the following: (A) The current role and contribution of the Under Secretary of Defense for Research and Engineering to the Joint Requirements Oversight Council. (B) The extent to which the role of the Under Secretary on the Joint Requirements Oversight Council should be adjusted to further maximize Council outcomes as well as the additional resources, if any, such adjustments would require. (C) The extent to which the Under Secretary of Defense should provide additional views and recommendations on Joint Requirements Oversight Council preparations, deliberations, and outcomes. (D) Such other matters as the Secretary of Defense determines to be appropriate (3) Submission to Congress Not later than December 31, 2022, the Secretary shall submit to the congressional defense committees the results of the study required by paragraph (1). (4) Form The study required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (5) Covered entity defined In this subsection, the term covered entity means— (A) a federally funded research and development center; or (B) an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs. (c) Report on the role of the Under Secretary of Defense for Research and Engineering in the Joint Requirements Oversight Council (1) In general Not later than March 1, 2023, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a report on the recommendations of the Secretary of Defense on the extent to which adjustments to the role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council are warranted. The report shall include— (A) consideration of the findings of the study required by subsection (b); (B) the rationale for recommendations of the Secretary of Defense; and (C) a description of additional resources that may be required to support those recommendations. (2) Additional input The report may also include input from each member or advisor of the Joint Requirements Oversight Council. 904. Implementation of repeal of Chief Management Officer of the Department of Defense Section 901(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking , except that any officer or employee so designated may not be an individual who served as the Chief Management Officer before the date of the enactment of this Act. 905. Space Force organizational matters and modification of certain space-related acquisition authorities (a) Implementation date for Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs (1) Implementation date Section 957 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended— (A) in subsection (a), by striking Effective October 1, 2022, there shall be and inserting Effective on the date specified in subsection (d), there shall be ; (B) in subsection (b)— (i) in paragraph (1), by striking Effective as of October 1, 2022, and inserting Effective as of the date specified in subsection (d) ; and (ii) in paragraph (2), by striking as of October 1, 2022, and inserting as of the date specified in subsection (d) ; (C) in subsection (c)(3), by striking October 1, 2022 and inserting the date specified in subsection (d) ; and (D) by adding at the end the following new subsection: (d) Date specified The date specified in this subsection is a date determined by the Secretary of the Air Force that is not later than October 1, 2022.. (2) Conforming amendments (A) Transfer of acquisition projects for space systems and programs Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended— (i) by striking Effective October 1, 2022, and inserting Effective on the date specified in section 957(d), ; and (ii) by striking as of September 30, 2022 and inserting as of the day before the date specified in section 957(d). (B) Responsibilities of Assistant Secretary of the Air Force for Space Acquisition and Integration Section 9016(b)(6)(B)(vi) of title 10, United States Code, is amended by striking Effective as of October 1, 2022, in accordance with section 957 of that Act, and inserting Effective as of the date specified in section 957(d) of such Act, and in accordance with such section 957,. (b) Senior procurement executive authorities (1) Office of the Secretary of the Air Force Section 9014(c) of title 10, United States Code, is amended— (A) in paragraph (2), by striking The Secretary of the Air Force shall and inserting Subject to paragraph (6), the Secretary of the Air Force shall ; and (B) by inserting after paragraph (5) the following new paragraph: (6) Notwithstanding section 1702 of title 41, the Secretary of the Air Force may assign to the Assistant Secretary of the Air Force for Space Acquisition and Integration duties and authorities of the senior procurement executive that pertain to space systems and programs.. (2) Assistant Secretaries of the Air Force Section 9016(b)(6)(B)(vi) of title 10, United States Code, as amended by subsection (a)(2)(B) of this section, is further amended by inserting and discharge any senior procurement executive duties and authorities assigned by the Secretary of the Air Force pursuant to section 9014(c)(6) of this title after Space Systems and Programs. 906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program Section 932(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1580 note prec.) is amended— (1) in paragraph (2)— (A) by striking and each Under Secretary of Defense and Director of a Defense Agency who reports directly to the Secretary of Defense, and inserting , each Under Secretary of Defense, and other officials, as designated by the Secretary of Defense, within the Office of the Secretary of Defense (as defined in section 131 of title 10, United States Code) who report directly to the Secretary of Defense ; and (B) by striking or Director and inserting or official within the Office of the Secretary of Defense ; (2) in paragraph (3)— (A) by striking Under Secretaries and Directors and inserting Under Secretaries of Defense and other officials within the Office of the Secretary of Defense ; and (B) by striking Under Secretary, or Director and inserting Under Secretary of Defense, or other official within the Office of the Secretary of Defense ; and (3) in paragraph (7), by striking shall be on a first-come, first-served basis and inserting may require a minimum service agreement, as determined by the Secretary. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy (a) Requirements Section 1053 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 116–283 ; 10 U.S.C. 113 note) is amended by adding at the end the following new subsection: (f) Electromagnetic Spectrum Superiority Strategy (1) Designation (A) Requirement Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate. (B) Conditions relating to designation of Chief Information Officer (i) Certification The Secretary may not designate the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A) unless the Secretary has first included in the report under paragraph (3)(A) a certification that the Chief Information Officer has the expertise, authority, funding, and personnel to ensure the successful implementation of the electromagnetic spectrum superiority strategy. (ii) CAPE assessment If the Secretary designates the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A), not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees an evaluation of the ability of the Chief Information Officer to ensure the successful implementation of the electromagnetic spectrum superiority strategy, including, at a minimum, an evaluation of the expertise, authority, funding, and personnel of the Chief Information Officer. (2) Responsibilities The senior official designated under paragraph (1)(A) shall be responsible for the following: (A) Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development necessary to implement the electromagnetic spectrum superiority strategy. (B) Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and electromagnetic spectrum operations capabilities is properly aligned. (C) Evaluating whether the Department is effectively incorporating electromagnetic spectrum operations capabilities and considerations into current and future operational plans and concepts. (D) Such other matters relating to electromagnetic spectrum operations as the Secretary specifies for purposes of this paragraph. (3) Reports (A) Implementation report Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report on the implementation of the Electromagnetic Spectrum Superiority Strategy published in October 2020, including— (i) an evaluation of the additional personnel, resources, and authorities the Secretary determines will be needed by the senior official designated under paragraph (1)(A) who is responsible for implementing the electromagnetic spectrum superiority strategy; and (ii) a description of how the Secretary will ensure that such implementation will be successful. (B) Rules of engagement report Not later than 270 days after the date of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report that includes the following: (i) A review of the sufficiency of the authorities and rules of engagement of the Department of Defense relating to electromagnetic spectrum operations, in particular with respect to operating below the level of armed conflict short of or in advance of kinetic activity and to protect the Department from electronic attack and disruption. (ii) Recommended changes to the authorities or rules of engagement to ensure the Department can effectively compete, deter conflict, and maintain protection from electronic attack and disruption. (iii) Any other matters the Secretary determines relevant. (4) Semiannual briefings On a semiannual basis during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation of the electromagnetic spectrum superiority strategy. Each briefing shall include, at a minimum, the following: (A) An update on the efforts of the Department of Defense to— (i) achieve the strategic goals set out in the electromagnetic spectrum superiority strategy; and (ii) implement such strategy through various elements of the Department. (B) An identification of any additional authorities or resources relating to electromagnetic spectrum operations that the Secretary determines is necessary to implement the strategy. (5) Electromagnetic spectrum superiority strategy defined In this subsection, the term electromagnetic spectrum superiority strategy means the Electromagnetic Spectrum Superiority Strategy of the Department of Defense published in October 2020, and any such successor strategy.. (b) Clarification of cross-functional team plans Subsection (d)(2) of such section is amended by striking biennially thereafter and inserting biennially thereafter during the life of the cross-functional team established pursuant to subsection (c). (c) Transfer of certain provision Section 152 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is— (1) amended— (A) in subsection (a), by striking two years after the date of the enactment of this Act and in accordance with the plan developed pursuant to subsection (b) and inserting January 1, 2023, and in accordance with the plan developed pursuant to paragraph (2) ; (B) by striking paragraph (1) each place it appears and inserting subparagraph (A) ; (C) by striking subsection (a) each place it appears and inserting paragraph (1) ; (D) in subsection (b)(2)(D), by striking subsections (c) and (d) and inserting paragraphs (3) and (4) ; and (E) in subsection (e), by striking this section and inserting this subsection ; (2) transferred to such section 1053, redesignated as subsection (g) (including by redesignating its subsections as paragraphs, paragraphs as subparagraphs, and clauses as subclauses, respectively, and indenting such provisions accordingly) and added so as to appear after subsection (f), as added by subsection (a) of this section. 908. Management innovation activities (a) In general The Secretary of Defense shall carry out a set of activities to improve the effectiveness of management activities within the Department of Defense, with the goals of incorporating appropriate private sector management practices and technologies and enhancing the capabilities of the defense management workforce. (b) Management activities Subject to the total force management requirements under section 129a of title 10, United States Code, the activities carried out under subsection (a) may include the following: (1) Public-private partnerships with appropriate private sector and government organizations. (2) Personnel exchange programs with appropriate industry, academic, and government organizations to enhance the capabilities of the defense management workforce. (3) Research, development, and technology and business process prototyping activities to create new technological capabilities to support management missions, or development and testing of new management concepts and business transformation activities. (4) The designation of appropriate organizations to lead management innovation activities. (5) A process by which defense business process owners and other personnel of the Department of Defense can identify management and business process challenges and opportunities that could be addressed by activities carried out under this section. (6) Processes to develop, prototype, test, and field new business processes and practices to improve defense management capabilities. (7) Academic research and educational activities related to defense management missions to promote— (A) development of innovative management concepts; (B) analyses and addressing of appropriate management challenges; and (C) development of programs and activities to develop the defense management workforce. (8) Academic research and independent studies from federally funded research and development centers assessing lessons learned from previous Departmental management reform initiatives and whether legacy organizations exist and should be consolidated. (c) Plan required Not later than February 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a plan for carrying out the activities under this section. (d) Briefings (1) Initial briefing Not later than July 1, 2022, the Secretary of Defense shall provide to the congressional defense committees an initial briefing on the activities carried out and plans developed under this section. (2) Subsequent briefing On a date occurring after the briefing under paragraph (1), but not later than July 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on the activities carried out and plans developed under this section. 909. Digital talent recruiting officer (a) Digital talent recruiting for the Department of Defense (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall designate a chief digital recruiting officer within the office of the Under Secretary of Defense for Personnel and Readiness to carry out the responsibilities set forth in paragraph (2). (2) Responsibilities The chief digital recruiting officer shall be responsible for— (A) identifying Department of Defense needs for, and skills gaps in, specific types of civilian digital talent; (B) recruiting individuals with the skills that meet the needs and skills gaps identified under subparagraph (A), in partnership with the military departments and other organizations and elements of the Department; (C) ensuring Federal scholarship for service programs are incorporated into civilian recruiting strategies; (D) when appropriate and within authority granted under other Federal law, offering recruitment and referral bonuses; and (E) partnering with human resource teams in the military departments and other organizations and elements of the Department to help train all Department of Defense human resources staff on the available hiring flexibilities to accelerate the hiring of individuals with the skills that fill the needs and skills gaps identified under subparagraph (A). (3) Resources The Secretary of Defense shall ensure that the chief digital recruiting officer is provided with personnel and resources sufficient to carry out the duties set forth in paragraph (2). (4) Role of Chief Human Capital Officer (A) In general The chief digital recruiting officer shall report directly to the Chief Human Capital Officer of the Department of Defense. (B) Incorporation The Chief Human Capital Officer shall ensure that the chief digital recruiting officer is incorporated into the agency human capital operating plan and recruitment strategy. In carrying out this paragraph, the Chief Human Capital Officer shall ensure that the chief digital recruiting officer’s responsibilities are deconflicted with any other recruitment initiatives and programs. (b) Digital talent defined For the purposes of this section, the term digital talent includes positions and capabilities in, or related to, software development, engineering, and product management; data science; artificial intelligence; distributed ledger technologies; autonomy; data management; product and user experience design; and cybersecurity. (c) Annual briefing requirement Not later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the chief digital recruiting officer shall provide to the congressional defense committees a briefing on— (1) the efforts of the Department of Defense to recruit digital talent to positions in the Department; and (2) a summary of any accomplishments and challenges with respect to such recruiting. (d) Sunset The requirements under subsection (a) shall expire on September 30, 2025. 910. Cross-functional team for emerging threat relating to anomalous health incidents (a) Establishment Using the authority provided pursuant to section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note), the Secretary of Defense shall establish a cross-functional team to address national security challenges posed by anomalous health incidents (as defined by the Secretary) and ensure that individuals affected by anomalous health incidents receive timely and comprehensive health care and treatment pursuant to title 10, United States Code, for symptoms consistent with an anomalous health incident. (b) Duties The duties of the cross-functional team established under subsection (a) shall be— (1) to assist the Secretary of Defense with addressing the challenges posed by anomalous health incidents and any other efforts regarding such incidents that the Secretary determines necessary; and (2) to integrate the efforts of the Department of Defense regarding anomalous health incidents with the efforts of other departments or agency of the Federal Government regarding such incidents. (c) Team leadership The Secretary shall select an Under Secretary of Defense to lead the cross-functional team and a senior military officer to serve as the deputy to the Under Secretary so selected. (d) Determination of organizational roles and responsibilities The Secretary, in consultation with the Director of National Intelligence and acting through the cross-functional team established under subsection (a), shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to addressing anomalous health incidents, including the roles and responsibilities of the Office of the Secretary of Defense, the intelligence components of the Department, Defense agencies, Department of Defense field activities, the military departments, combatant commands, and the Joint Staff. (e) Briefings (1) Initial briefing Not later than 45 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on— (A) the progress of the Secretary in establishing the cross-functional team; and (B) the progress the team has made in— (i) determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect the cross-functional team; and (ii) carrying out the duties under subsection (b). (2) Updates Not later than 90 days after the date of the enactment of this Act, and once every 60 days thereafter during the one-year period following such date of enactment, the Secretary shall provide to the appropriate congressional committees a briefing containing updates with respect to the efforts of the Department regarding anomalous health incidents. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the congressional defense committees; and (2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. 911. Alignment of Close Combat Lethality Task Force (a) In general Beginning not later than 60 days after the date of the enactment of this Act, and continuing until the date on which the Secretary of Defense submits to the congressional defense committees the report described in subsection (b), the Secretary shall reinstate— (1) the initial alignment of the Close Combat Lethality Task Force so that the Task Force reports directly to the Secretary; and (2) the designation of the Task Force as a cross-functional team under section 911 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note). (b) Report described The report described in this subsection is a report on a proposed alternative alignment for the Close Combat Lethality Task Force that includes— (1) a description of— (A) how the proposed alternative alignment of the Task Force would— (i) facilitate the effective pursuit of, and support for, both materiel and non-materiel initiatives by the Task Force; (ii) maintain benefits for the Task Force similar to the benefits associated with reporting directly to the Secretary of Defense and designation as a cross-functional team; and (iii) ensure collaboration and support from the primary stakeholders in the Task Force, including the Army, the Marine Corps, and the United States Special Operations Command; and (B) how the Task Force would be funded and gain appropriate resourcing for cross-functional team initiatives supported by the Secretary; and (2) supporting analysis for the matters described in paragraph (1). (c) Exception Subsection (a) does not apply if the President submits to the congressional defense committees— (1) a certification that implementing that subsection would be detrimental to the defense interests of the United States; and (2) a justification for the certification. 912. Independent review of and report on the Unified Command Plan (a) Review required (1) In general The Secretary of Defense shall provide for an independent review of the current Unified Command Plan. (2) Elements The review required by paragraph (1) shall include the following: (A) An assessment of the most recent Unified Command Plan with respect to— (i) current and anticipated threats; (ii) deployment and mobilization of the Armed Forces; and (iii) the most current versions of the National Defense Strategy and Joint Warfighting Concept. (B) An evaluation of the missions, responsibilities, and associated force structure of each geographic and functional combatant command. (C) An assessment of the feasibility of alternative Unified Command Plan structures. (D) Recommendations, if any, for alternative Unified Command Plan structures. (E) Recommendations, if any, on refining the manner by which combatant commanders identify priority capabilities, gaps, and operational requirements and how the Department of Defense incorporates those identified elements into planning, programming, budgeting, execution, and modernization processes. (F) Recommendations, if any, for modifications to sections 161 through 169 of title 10, United States Code. (G) Any other matter the Secretary of Defense determines appropriate. (3) Conduct of review by independent entity (A) In general The Secretary of Defense shall— (i) seek to enter into an agreement with an entity described in subparagraph (B) to conduct the review required by paragraph (1); and (ii) ensure that the review is conducted independently of the Department of Defense. (B) Entity described An entity described in this subparagraph is— (i) a federally funded research and development center; or (ii) an independent, nongovernmental institute that— (I) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (II) is exempt from tax under section 501(a) of that Code; and (III) has recognized credentials and expertise in national security and military affairs. (b) Report to Congress (1) In general Not later than October 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the results of the review conducted under subsection (a). (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 913. Study and report on the role and organization of space assets in the reserve components (a) Study The Secretary of Defense shall conduct a study to determine the appropriate role and organization of space-related assets within the reserve components of the Armed Forces. (b) Report Not later than March 31, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a). (c) Elements The report under subsection (b) shall include the following: (1) The determinations of the Secretary of Defense with respect to the— (A) the organization and integration of space-related units within the reserve components of the Armed Forces; (B) the staffing of such units, including the recruitment and retention of personnel for such units (including any reserve units of the Space force); (C) the missions of such units; and (D) the operational requirements applicable to such units. (2) An analysis of— (A) the costs of establishing a Space National Guard in accordance with subtitle C of title IX of H.R. 4350, One Hundred Seventeenth Congress, as passed by the House of Representatives on September 23, 2021; and (B) how a Space National Guard established in accordance with such subtitle would operate as part of the reserve components. (3) Based on the analysis under paragraph (2), the recommendations of the Secretary with respect to the potential establishment of a Space National Guard. (4) If applicable, any savings or costs that may result from the preservation of the space-related force structures of the Air National Guard, as such force structures are in effect on the date of the enactment of this Act. 1001. General transfer authority (a) Authority to transfer authorizations (1) Authority Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2022 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000. (3) Exception for transfers between military personnel authorizations A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) Limitations The authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) Effect on authorization amounts A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to congress The Secretary shall promptly notify Congress of each transfer made under subsection (a). 1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund Section 166a(e)(1) of title 10, United States Code, is amended— (1) in subparagraph (A)— (A) by striking $20,000,000 and inserting $25,000,000 ; and (B) by striking $250,000 and inserting $300,000 ; (2) in subparagraph (B), by striking $10,000,000 and inserting $15,000,000 ; and (3) in subparagraph (C), by striking $5,000,000 and inserting $10,000,000. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller), in consultation with the Chief Information Officer and the Chief Data Officer of the Department of Defense, shall submit to the congressional defense committees a plan to consolidate the information technology systems used to manage data and support the planning, programming, budgeting, and execution process of the Department of Defense. The plan shall include the consolidation of such systems used by each of the military departments and such systems used by the Defense Agencies, and shall address the retirement or elimination of such systems. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform (a) Establishment (1) In general There is hereby established an independent commission in the legislative branch to be known as the Commission on Planning, Programming, Budgeting, and Execution Reform (in this section referred to as the Commission ). (2) Date of establishment The Commission shall be established not later 30 days after the date of the enactment of this Act. (b) Membership (1) Number and appointment The Commission shall be composed of 14 civilian individuals not employed by the Federal Government who are recognized experts and have relevant professional experience one or more of the following: (A) Matters relating to the planning, programming, budgeting, and execution process of the Department of Defense. (B) Innovative budgeting and resource allocation methods of the private sector. (C) Iterative design and acquisition process. (D) Budget or program execution data analysis. (2) Members The members shall be appointed as follows: (A) The Secretary of Defense shall appoint two members. (B) The Majority Leader and the Minority Leader of the Senate shall each appoint one member. (C) The Speaker of the House of Representatives and the Minority Leader shall each appoint one member. (D) The Chair and the Ranking Member of the Committee on Armed Services of the Senate shall each appoint one member. (E) The Chair and the Ranking Member of the Committee on Armed Services of the House of Representatives shall each appoint one member. (F) The Chair and the Ranking Member of the Committee on Appropriations of the Senate shall each appoint one member. (G) The Chair and the Ranking Member of the Committee on Appropriations of the House of Representatives shall each appoint one member. (3) Deadline for appointment Not later than 30 days after the date described in subsection (a)(2), members shall be appointed to the Commission. (4) Expiration of appointment authority The authority to make appointments under this subsection shall expire on the date described in subsection (a)(2), and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (c) Chair and Vice Chair The Commission shall elect a Chair and Vice Chair from among its members. (d) Period of appointment and vacancies Members shall be appointed for the term of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. (e) Purpose The purpose of the Commission is to— (1) examine the effectiveness of the planning, programming, budgeting, and execution process and adjacent practices of the Department of Defense, particularly with respect to facilitating defense modernization; (2) consider potential alternatives to such process and practices to maximize the ability of the Department of Defense to respond in a timely manner to current and future threats; and (3) make legislative and policy recommendations to improve such process and practices in order to field the operational capabilities necessary to outpace near-peer competitors, provide data and analytical insight, and support an integrated budget that is aligned with strategic defense objectives. (f) Scope and duties The Commission shall perform the following duties: (1) Compare the planning, programming, budgeting, and execution process of the Department of Defense, including the development and production of documents including the Defense Planning Guidance (described in section 113(g) of title 10, United States Code), the Program Objective Memorandum, and the Budget Estimate Submission, with similar processes of private industry, other Federal agencies, and other countries. (2) Conduct a comprehensive assessment of the efficacy and efficiency of all phases and aspects of the planning, programming, budgeting, and execution process, which shall include an assessment of— (A) the roles of Department officials and the timelines to complete each such phase or aspect; (B) the structure of the budget of Department of Defense, including the effectiveness of categorizing the budget by program, appropriations account, major force program, budget activity, and line item, and whether this structure supports modern warfighting requirements for speed, agility, iterative development, testing, and fielding; (C) a review of how the process supports joint efforts, capability and platform lifecycles, and transitioning technologies to production; (D) the timelines, mechanisms, and systems for presenting and justifying the budget of Department of Defense, monitoring program execution and Department of Defense budget execution, and developing requirements and performance metrics; (E) a review of the financial management systems of the Department of Defense, including policies, procedures, past and planned investments, and recommendations related to replacing, modifying, and improving such systems to ensure that such systems and related processes of the Department result in— (i) effective internal controls; (ii) the ability to achieve auditable financial statements; and (iii) the ability to meet other financial management and operational needs; and (F) a review of budgeting methodologies and strategies of near-peer competitors to understand if and how such competitors can address current and future threats more or less successfully than the United States. (3) Develop and propose recommendations to improve the effectiveness of the planning, programming, budgeting, and execution process. (g) Commission report and recommendations (1) Interim report Not later than February 6, 2023, the Commission shall submit to the Secretary of Defense and the congressional defense committees an interim report including the following: (A) An examination of the development of the documents described in subsection (f)(1). (B) An analysis of the timelines involved in developing an annual budget request and the future-years defense program (as described in section 221 of title 10, United States Code), including the ability to make changes to such request or such program within those timelines. (C) A review of the sufficiency of the civilian personnel workforce in the Office of the Secretary of Defense and the Office of Cost Assessment and Program Evaluation to conduct budgetary and program evaluation analysis. (D) An examination of efforts by the Department of Defense to develop new and agile programming and budgeting to enable the United States to more effectively counter near-peer competitors. (E) A review of the frequency and sufficiency of budget and program execution analysis, to include any existing data analytics tools and any suggested improvements. (F) Recommendations for internal reform to the Department relating to the planning, programming, budgeting, and execution process for the Department of Defense to make internally. (G) Recommendations for reform to the planning, programming, budgeting, and execution process that require statutory changes. (H) Any other matters the Commission considers appropriate. (2) Final report Not later than September 1, 2023, the Commission shall submit to the Secretary of Defense and the congressional defense committees a final report that includes the elements required under paragraph (1). (3) Briefings Not later than 180 days after the date specified in subsection (a)(2), and not later than 30 days after each of the interim and final reports are submitted, the Commission shall provide to the congressional defense committees a briefing on the status of the review and assessment conducted under subsection (f) and include a discussion of any interim or final recommendations. (4) Form The reports submitted to Congress under paragraphs (1) and (2) shall be submitted in unclassified form but may include a classified annex. (h) Government cooperation (1) Cooperation In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison The Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison between the Department and the Commission. (3) Detailees authorized The Secretary may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. (4) Facilitation (A) Independent, non-government institute Not later than 45 days after the date specified in subsection (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs, in order to facilitate the discharge of the duties of the Commission under this section. (B) Federally funded research and development center On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center in order to enhance the discharge of the duties of the Commission under this section. (i) Staff (1) Status as Federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Executive Director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services the travel expenses of experts or consultants, including transportation and per diem in lieu of subsistence, while such experts or consultants are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. (l) Legislative advisory committee The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). (m) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (n) Use of government information The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (o) Postal services The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (p) Space for use of commission Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (q) Removal of members A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. (r) Termination The Commission shall terminate 180 days after the date on which it submits the final report required by subsection (g)(2). 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 118 Stat. 2042), as most recently amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1577), is further amended— (1) in subsection (a)(1), by striking 2022 and inserting 2023 ; and (2) in subsection (c), by striking 2022 and inserting 2023. 1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities (a) Extension Subsection (b) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 271 note) is amended by striking 2022 and inserting 2027. (b) Conditions Subsection (d) of such section is amended— (1) by striking paragraph (1); (2) by striking (2); (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and (4) in paragraph (2), as so redesignated, by striking subparagraph (A) and inserting paragraph (1). 1011. Modification to annual naval vessel construction plan (a) In general Section 231 of title 10, United States Code, is amended— (1) in subsection (b)(2), by adding at the end the following new subparagraphs: (G) The expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year's plan. (H) A certification by the appropriate Senior Technical Authority designated under section 8669b of this title of the expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year's plan. (I) For each battle force ship planned to be inactivated during the five-year period beginning on the date of the submittal of the report, a description of the planned disposition of each such ship following such inactivation and the potential gaps in warfighting capability that will result from such ship being removed from service. ; and (2) in subsection (f), by adding at the end the following new paragraph: (6) The term expected service life means the number of years a naval vessel is expected to be in service.. (b) Repeal of termination of annual naval vessel construction plan Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note) is amended by striking paragraph (15). 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair (a) In general Chapter 805 title 10, United States Code, is amended by adding at the end the following new section: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (a) In general The Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the Deputy Commander ). (b) Qualifications The Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section. (c) Reporting The Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. (d) General responsibilities The Deputy Commander shall oversee— (1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; (2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts; (3) enforcement of requirements of such contracts to ensure satisfaction of all contractual obligations; (4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and (5) on-site quality assurance by the Government for such contracts, including inspections. (e) Non-Contract administration services functions The Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by overseeing the performance of the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters: (1) Project oversight, including the following: (A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command. (B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities. (C) Communicating with customers and higher authority regarding matters that may affect project execution. (D) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. (2) Technical authority, including the following: (A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer. (B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues. (f) Comprehensive contract management The Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of commercial entities awarded a contract described in subsection (d)(1) and subcontractors (at any tier). (g) Subcontractor audits The Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts— (1) that are valued at $50,000,000 or more; and (2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2). (h) Annual written assessment (1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the activities and results associated with the contracts for which the Deputy Commander oversees the designated contract administration office of the Department. (2) Each written assessment required by paragraph (1) shall include the following: (A) A summary of shipbuilding performance that— (i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity described in subsection (d)(1); (ii) outlines corrective action requests for critical defects and any actions planned or taken to address them; (iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the commercial entity described in subsection (d)(1), to include the conditions requiring the approval of each waiver; and (iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Management Agency. (B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. (C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration responsibilities. (D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that— (i) includes key findings, recommendations, and implementation plans; and (ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation.. (b) Clerical amendment The table of sections at the beginning of chapter 805 of such title is amended by adding at the end the following new item: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair.. (c) Effective date On the date that is 30 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2023— (1) this section and the amendments made by this section shall take effect; and (2) the Secretary of the Navy shall appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair and notify the congressional defense committees of such appointment. 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (a) In general The Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the Deputy Commander ). (b) Qualifications The Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section. (c) Reporting The Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. (d) General responsibilities The Deputy Commander shall oversee— (1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; (2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts; (3) enforcement of requirements of such contracts to ensure satisfaction of all contractual obligations; (4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and (5) on-site quality assurance by the Government for such contracts, including inspections. (e) Non-Contract administration services functions The Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by overseeing the performance of the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters: (1) Project oversight, including the following: (A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command. (B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities. (C) Communicating with customers and higher authority regarding matters that may affect project execution. (D) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. (2) Technical authority, including the following: (A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer. (B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues. (f) Comprehensive contract management The Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of commercial entities awarded a contract described in subsection (d)(1) and subcontractors (at any tier). (g) Subcontractor audits The Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts— (1) that are valued at $50,000,000 or more; and (2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2). (h) Annual written assessment (1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the activities and results associated with the contracts for which the Deputy Commander oversees the designated contract administration office of the Department. (2) Each written assessment required by paragraph (1) shall include the following: (A) A summary of shipbuilding performance that— (i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity described in subsection (d)(1); (ii) outlines corrective action requests for critical defects and any actions planned or taken to address them; (iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the commercial entity described in subsection (d)(1), to include the conditions requiring the approval of each waiver; and (iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Management Agency. (B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. (C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration responsibilities. (D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that— (i) includes key findings, recommendations, and implementation plans; and (ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation. 1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program (a) In general Chapter 863 of title 10, United States Code, is amended by inserting after section 8669b the following new section: 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program (a) In general The Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary— (1) submits a report to the congressional defense committees on the results of any production readiness review; (2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and (3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete. (b) Report The report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following: (1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. (2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. (3) The readiness of the shipyard facilities and workforce to begin construction. (4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. (5) The Navy’s estimated delivery date and description of any variance to the contract delivery date. (6) The extent to which adequate processes and metrics are in place to measure and manage program risks. (c) Definitions For the purposes of subsection (a): (1) Basic and functional design The term basic and functional design , when used with respect to a vessel, means design through computer aided models, that— (A) fixes the major hull structure of the vessel; (B) sets the hydrodynamics of the vessel; and (C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities. (2) First ship The term first ship applies to a ship if— (A) the ship is the first ship to be constructed under that shipbuilding program; or (B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program. (3) Major shipbuilding program The term major shipbuilding program means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title. (4) Production readiness review The term production readiness review means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase. (5) Start of construction The term start of construction means the beginning of fabrication of the hull and superstructure of the ship.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8669b the following new item: 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program.. (c) Conforming repeal Section 124 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 28; 10 U.S.C. 8661 note) is repealed. 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program (a) In general The Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary— (1) submits a report to the congressional defense committees on the results of any production readiness review; (2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and (3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete. (b) Report The report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following: (1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. (2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. (3) The readiness of the shipyard facilities and workforce to begin construction. (4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. (5) The Navy’s estimated delivery date and description of any variance to the contract delivery date. (6) The extent to which adequate processes and metrics are in place to measure and manage program risks. (c) Definitions For the purposes of subsection (a): (1) Basic and functional design The term basic and functional design , when used with respect to a vessel, means design through computer aided models, that— (A) fixes the major hull structure of the vessel; (B) sets the hydrodynamics of the vessel; and (C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities. (2) First ship The term first ship applies to a ship if— (A) the ship is the first ship to be constructed under that shipbuilding program; or (B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program. (3) Major shipbuilding program The term major shipbuilding program means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title. (4) Production readiness review The term production readiness review means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase. (5) Start of construction The term start of construction means the beginning of fabrication of the hull and superstructure of the ship. 1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life (a) In general Chapter 863 of title 10, United States Code, is amended by inserting after section 8678 the following new section: 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life (a) Limitation The Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship. (b) Waiver The Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if— (1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship; and (2) a period of 30 days has elapsed following the date on which such certification was submitted. (c) Certification described A certification described in this subsection is a certification that— (1) (A) maintaining the battle force ship in a reduced operating status is not feasible; (B) maintaining the ship with reduced capability is not feasible; (C) maintaining the ship as a Navy Reserve unit is not feasible; (D) transferring the ship to the Coast Guard is not feasible; and (E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and (2) includes an explanation of— (A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and (B) the rationale for the determination under subparagraph (E) of such paragraph. (d) Form A certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term expected service life means the number of years a naval vessel is expected to be in service.. (b) Clerical amendment The table of sections at the beginning of chapter 863 of such title is amended by inserting after the item relating to section 8678 the following new item: 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life.. 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life (a) Limitation The Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship. (b) Waiver The Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if— (1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship; and (2) a period of 30 days has elapsed following the date on which such certification was submitted. (c) Certification described A certification described in this subsection is a certification that— (1) (A) maintaining the battle force ship in a reduced operating status is not feasible; (B) maintaining the ship with reduced capability is not feasible; (C) maintaining the ship as a Navy Reserve unit is not feasible; (D) transferring the ship to the Coast Guard is not feasible; and (E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and (2) includes an explanation of— (A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and (B) the rationale for the determination under subparagraph (E) of such paragraph. (d) Form A certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term expected service life means the number of years a naval vessel is expected to be in service. 1015. Biennial report on shipbuilder training and the defense industrial base (a) Technical correction The second section 8692 of title 10, United States Code, as added by section 1026 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 8693 and the table of sections at the beginning of chapter 863 of such title is conformed accordingly. (b) Modification of report Such section is further amended— (1) by striking Not later and inserting (a) In general.— Not later ; (2) in subsection (a), as so redesignated, by adding at the end the following new paragraph: (7) An analysis of the potential benefits of multi-year procurement contracting for the stability of the shipbuilding defense industrial base. ; and (3) by adding at the end the following new subsection: (b) Solicitation and analysis of information In order to carry out subsection (a)(2), the Secretary of the Navy and Secretary of Labor shall— (1) solicit information regarding the age demographics and occupational experience level from the private shipyards of the shipbuilding defense industrial base; and (2) analyze such information for findings relevant to carrying out subsection (a)(2), including findings related to the current and projected defense shipbuilding workforce, current and projected labor needs, and the readiness of the current and projected workforce to supply the proficiencies analyzed in subsection (a)(1).. 1016. Annual report on ship maintenance (a) In general Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section: 8694. Annual report on ship maintenance (a) Report required Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following: (1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull. (2) The estimated cost of the maintenance described pursuant to paragraph (1). (3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year. (4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability. (5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including— (A) a summary of the effects on the costs and schedule for each delay or cancellation; and (B) the accrued operational and fiscal cost of all the deferments over the fiscal year. (b) Form of report Each report submitted under subsection (a) shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new section: 8694. Annual report on ship maintenance.. 8694. Annual report on ship maintenance (a) Report required Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following: (1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull. (2) The estimated cost of the maintenance described pursuant to paragraph (1). (3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year. (4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability. (5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including— (A) a summary of the effects on the costs and schedule for each delay or cancellation; and (B) the accrued operational and fiscal cost of all the deferments over the fiscal year. (b) Form of report Each report submitted under subsection (a) shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex. 1017. Navy battle force ship assessment and requirement reporting (a) In general Chapter 863 of title 10, United States Code, as amended by section 1023, is further amended by adding at the end the following new section: 8695. Navy battle force ship assessment and requirement reporting (a) In general Not later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement. (b) Assessment Each assessment required by subsection (a) shall include the following: (1) A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow. (2) An identification of the steady-state demand for maritime security and security force assistance activities. (3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders. (4) A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders. (5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense. (6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines. (c) Requirement (1) Each requirement required by subsection (a) shall— (A) be based on the assessment required by subsection (b); and (B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event— (i) the total number of battle force ships required; (ii) the number of battle force ships required in each of the categories described in paragraph (2); (iii) the classes of battle force ships included in each of the categories described in paragraph (2); and (iv) the number of battle force ships required in each class. (2) The categories described in this paragraph are the following: (A) Aircraft carriers. (B) Large surface combatants. (C) Small surface combatants. (D) Amphibious warfare ships. (E) Attack submarines. (F) Ballistic missile submarines. (G) Combat logistics force. (H) Expeditionary fast transport. (I) Expeditionary support base. (J) Command and support. (K) Other. (d) Definitions In this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term covered event means a significant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements.. (b) Clerical amendment The table of sections at the beginning of chapter 863 of such title is further amended by adding at the end the following new item: 8695. Navy battle force ship assessment and requirement reporting.. (c) Baseline assessment and requirement required The date of the enactment of this Act is deemed to be a covered event for the purposes of establishing a baseline battle force ship assessment and requirement under section 8695 of title 10, United States Code, as added by subsection (a). 8695. Navy battle force ship assessment and requirement reporting (a) In general Not later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement. (b) Assessment Each assessment required by subsection (a) shall include the following: (1) A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow. (2) An identification of the steady-state demand for maritime security and security force assistance activities. (3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders. (4) A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders. (5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense. (6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines. (c) Requirement (1) Each requirement required by subsection (a) shall— (A) be based on the assessment required by subsection (b); and (B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event— (i) the total number of battle force ships required; (ii) the number of battle force ships required in each of the categories described in paragraph (2); (iii) the classes of battle force ships included in each of the categories described in paragraph (2); and (iv) the number of battle force ships required in each class. (2) The categories described in this paragraph are the following: (A) Aircraft carriers. (B) Large surface combatants. (C) Small surface combatants. (D) Amphibious warfare ships. (E) Attack submarines. (F) Ballistic missile submarines. (G) Combat logistics force. (H) Expeditionary fast transport. (I) Expeditionary support base. (J) Command and support. (K) Other. (d) Definitions In this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term covered event means a significant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats (a) Prohibition None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to retire, prepare to retire, or place in storage any Mark VI patrol boat. (b) Report Not later than February 15, 2022, the Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall submit to the congressional defense committees a report that includes each of the following: (1) The rationale for the retirement of existing Mark VI patrol boats, including an operational analysis of the effect of such retirements on the warfighting requirements of the commanders of each of the combatant commands. (2) A review of how the Fifth Fleet requirements, which are currently being met by Mark VI patrol boats, will continue to be met without such boats, including an evaluation of the cumulative effect of eliminating Mark VI patrol boats in addition to other recent reductions in Navy riverine force structure, such as riverine command boats, in the theater. (3) An update on the implementation of the corrective actions and lessons learned from the Navy’s investigation of the January 12, 2016, incident in which 10 United States sailors were detained by Iranian forces near Farsi Island, the extent to which retiring existing Mark VI patrol boats will affect such implementation, and how such implementation will be sustained in the absence of Mark VI patrol boats. (4) A review of operating concepts for escorting high value units without Mark VI patrol boats. (5) A description of the manner and concept of operations in which the Marine Corps could use Mark VI patrol boats to support distributed maritime operations, advanced expeditionary basing operations, and persistent presence near maritime choke points and strategic littorals in the Indo-Pacific region. (6) An assessment of the potential for modification, and the associated costs, of the Mark VI patrol boat for the inclusion of loitering munitions or anti-ship cruise missiles, such as the Long Range Anti-Ship Missile and the Naval Strike Missile, particularly to support the concept of operations described in paragraph (5). (7) A description of resources required for the Marine Corps to possess, man, train, and maintain Mark VI patrol boats in the performance of the concept of operations described in paragraph (5) and modifications described in paragraph (6). (8) A determination of whether the Marine Corps should take possession of the Mark VI patrol boats effective on or before September 30, 2022. (9) Such other matters the Secretary determines appropriate. 1019. Availability of funds for retirement or inactivation of guided missile cruisers None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage more than 5 guided missile cruisers. 1020. Review of sustainment key performance parameters for shipbuilding programs (a) In general Not later than 90 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall initiate a review of the Joint Capabilities Integration and Development System policy related to the setting of sustainment key performance parameters and key system attributes for shipbuilding programs to ensure such parameters and attributes account for a comprehensive range of factors that could affect the operational availability and materiel availability of a ship. Such review shall include the extent to which— (1) the term operational availability should be redefined by mission area and to include equipment failures that affect the ability of a ship to perform primary missions; and (2) the term materiel availability should be redefined to take into account factors that could result in a ship being unavailable for operations, including unplanned maintenance, unplanned losses, and training. (b) Report required Not later than 180 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to congressional defense committees a report on the findings and recommendations of the review required under paragraph (a). 1021. Assessment of security of global maritime chokepoints (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the security of global maritime chokepoints from the threat of hostile kinetic attacks, cyber disruptions, and other form of sabotage. The report shall include an assessment of each of the following with respect to each global maritime chokepoint covered by the report: (1) The expected length of time and resources required for operations to resume at the chokepoint in the event of attack, sabotage, or other disruption of regular maritime operations. (2) The security of any secondary chokepoint that could be affected by a disruption at the global maritime chokepoint. (3) Options to mitigate any vulnerabilities resulting from a hostile kinetic attack, cyber disruption, or other form of sabotage at the chokepoint. (b) Form of report The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (c) Global maritime chokepoint In this section, the term global maritime chokepoint means any of the following: (1) The Panama Canal. (2) The Suez Canal. (3) The Strait of Malacca. (4) The Strait of Hormuz. (5) The Bab el-Mandeb Strait. (6) Any other chokepoint determined appropriate by the Secretary. 1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes a detailed description of each of the following: (1) The doctrine, organization, training, materiel, leadership and education, personnel, and facilities required to operate and maintain a force of 24 to 35 Light Amphibious Warships, including— (A) the estimated timeline for procuring and delivering such warships; (B) the estimated cost to procure, man, train, operate, maintain, and modernize such warships for each of the 10 years following the year in which the report is submitted, together with the notional Department of Defense appropriations account associated with each such cost; and (C) the feasibility of accelerating the current Light Amphibius Warship procurement plan and delivery schedule. (2) The specific number, type, and mix of manned and unmanned platforms required to support distributed maritime operations and expeditionary advanced base operations. (3) The feasibility of Marine Littoral Regiments using other joint and interagency mobility platforms prior to, in addition to, or in lieu of the operational availability of Light Amphibious Warships, including— (A) Army LCU-2000, Runnymede-class and General Frank S. Besson-class logistics support vessels; (B) Navy LCU-1610 or LCU-1700, Landing Craft Air Cushioned, and Ship-to-Shore Connector vessels; (C) commercial vessel options that— (i) are available as of the date of the enactment of this Act; and (ii) meet Marine Littoral Regiment requirements for movement, maneuver, sustainment, training, interoperability, and cargo capacity and delivery; (D) maritime prepositioning force vessels; and (E) Coast Guard vessels. (4) The specific number, type, and mix of long range unmanned surface vessel platforms required to support distributed maritime operations, expeditionary advanced base operations, along with their operational interaction with the warfighting capabilities of the fleet, including— (A) the estimated timeline for procuring and delivering such platforms; and (B) the estimated cost to procure, man, train, operate, maintain, and modernize such platforms for each of the 10 years following the year in which the report is submitted, together with the notional Department of Defense appropriations account associated with each such cost. (5) The feasibility of integrating Marine Littoral Regiments with— (A) special operations activities; (B) joint and interagency planning; (C) information warfare operations; and (D) command, control, communications, computer, intelligence, surveillance and reconnaissance, and security cooperation activities. (6) The projected cost and timeline for deploying Marine Littoral Regiments, including— (A) the extent to which such regiments will deploy with the capabilities listed in paragraphs (1) through (5) during each of the 10 years following the year in which the report is submitted; and (B) options to accelerate such deployments or increase the capabilities of such regiments if additional resources are available, together with a description of such resources. (b) Form of report The report required by subsection (a) shall be submitted in a publicly accessible, unclassified form, but may contain a classified annex. 1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense Section 485(a) of title 10, United States Code, is amended by inserting after activities the following: , including the use of military force under the notion of collective self-defense of foreign partners. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1043 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31,2022. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1953), as most recently amended by section 1041 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1042 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1551), as most recently amended by section 1044 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking fiscal years 2018 through 2021 and inserting any of fiscal years 2018 through 2022. 1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba (a) Report Not later than 120 days after the date of the enactment of this Act, the Chief Medical Officer of United States Naval Station, Guantanamo Bay (in this section referred to as the Chief Medical Officer ), shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the provision of medical care to individuals detained at Guantanamo. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the quality of medical care provided to individuals detained at Guantanamo, including whether such care meets applicable standards of care. (2) A description of the medical facilities and resources at United States Naval Station, Guantanamo Bay, Cuba, available to individuals detained at Guantanamo. (3) A description of the medical facilities and resources not at United States Naval Station, Guantanamo Bay, that would be made available to individuals detained at Guantanamo as necessary to meet applicable standards of care. (4) A description of the range of medical conditions experienced by individuals detained at Guantanamo as of the date on which the report is submitted. (5) A description of the range of medical conditions likely to be experienced by individuals detained at Guantanamo, given the medical conditions of such individuals as of the date on which the report is submitted and the likely effects of aging. (6) An assessment of any gaps between— (A) the medical facilities and resources described in paragraphs (2) and (3); and (B) the medical facilities and resources required to provide medical care necessary to meet applicable standards of care for the medical conditions described in paragraphs (4) and (5). (7) The plan of the Chief Medical Officer to address the gaps described in paragraph (6), including the estimated costs associated with addressing such gaps. (8) An assessment of whether the Chief Medical Officer has secured from the Department of Defense access to individuals, information, or other assistance that the Chief Medical Officer considers necessary to enable the Chief Medical Officer to carry out the Chief Medical Officer's duties, including full and expeditious access to the following: (A) Any individual detained at Guantanamo. (B) Any medical records of any individual detained at Guantanamo. (C) Medical professionals of the Department who are working, or have worked, at United States Naval Station, Guantanamo Bay. (c) Form of report The report required by subsection (a) shall be submitted in classified form. (d) Definitions In this section, the terms individual detained at Guantanamo , medical care , and standard of care have the meanings given those terms in section 1046(e) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1586; 10 U.S.C. 801 note). 1041. Congressional oversight of alternative compensatory control measures (a) Limitation on availability of funds pending submission of report Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of the Under Secretary of Defense for Policy, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report required under section 119a(a) for 2021. (b) Congressional oversight Section 119a of title 10, United States Code, is amended by adding at the end the following new subsection: (g) Congressional oversight (1) Neither the Secretary of Defense nor the Director of National Intelligence may take any action that would have the effect of limiting the access of the congressional defense committees to— (A) any classified program, or any information about any classified program, to which such committees have access as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022; or (B) any classified program established, or any information about any classified program that becomes available, after the date of the enactment of such Act that is within the jurisdiction of such committees. (2) In this subsection, the term classified program includes any special access program, alternative compensatory control measure, or any other controlled access program.. 1042. Modification of notification requirements for sensitive military operations Section 130f(d) of title 10, United States Code, is amended— (1) by striking (1) Except as provided in paragraph (2), in and inserting In ; (2) by striking paragraph (2); (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (4) in paragraph (1), as so redesignated, by striking ; or and inserting a semicolon; (5) in paragraph (2), as so redesignated, by striking the period at the end and inserting ; or ; and (6) by adding at the end the following new paragraph: (3) an operation conducted by the armed forces to free an individual from the control of hostile foreign forces.. 1043. Authority to provide space and services to military welfare societies Section 2566 of title 10, United States Code is amended— (1) in subsection (a), by striking of a military department and inserting concerned ; and (2) in subsection (b)(1), by adding at the end the following new subparagraph: (D) The Coast Guard Mutual Assistance.. 1044. Congressional notification of significant Army force structure changes (a) Notification requirement (1) In general Chapter 711 of title 10, United States Code, is amended by inserting after section 7101 the following new section: 7102. Congressional notification of significant Army force structure changes (a) Notification required Except as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change. (b) Contents A notification required under subsection (a) shall include each of the following: (1) The justification for the planned change. (2) A description of the details of the planned change and timing for implementation. (3) A description of the operational implications of the planned change. (4) The estimated costs of such change. (c) Exception The notification requirement under subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency. (d) Definition of significant change to Army force structure In this section, the term significant change to Army force structure means— (1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force.. (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101 the following new item: 7102. Congressional notification of significant Army force structure changes.. (b) Briefing on Army Structure Memorandum Prior to issuing the Army Structure Memorandum derived from the Total Army Analysis, the Secretary of the Army shall provide to the congressional defense committees a briefing on the memorandum. The briefing shall include a description of each of the following: (1) The guidance and direction provided to the Army by the Secretary of Defense in the Defense Planning Guidance or other directives. (2) Any scenarios and assumptions used to conduct the analysis. (3) Any significant force design updates incorporated in the analysis. (4) Any significant Army force structure changes directed in the Army Structure Memorandum. (5) Any substantive changes of assessed risk associated with changes directed in the memorandum. 7102. Congressional notification of significant Army force structure changes (a) Notification required Except as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change. (b) Contents A notification required under subsection (a) shall include each of the following: (1) The justification for the planned change. (2) A description of the details of the planned change and timing for implementation. (3) A description of the operational implications of the planned change. (4) The estimated costs of such change. (c) Exception The notification requirement under subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency. (d) Definition of significant change to Army force structure In this section, the term significant change to Army force structure means— (1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus (a) In general Section 1385 of title 18, United States Code, is amended— (1) by striking or after Army and inserting , the Navy, the Marine Corps, ; (2) by inserting , or the Space Force after Air Force ; and (3) in the section heading, by striking Army and Air Force and inserting Army, Navy, Marine Corps, Air Force, and Space Force. (b) Clerical amendment The table of sections at the beginning of chapter 67 of such title is amended by striking the item relating to section 1385 and inserting the following new item: 1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus. 1046. Comparative testing reports for certain aircraft (a) Modification of limitation Section 134(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2037) is amended by striking the report under subsection (e)(2) and inserting a report that includes the information described in subsection (e)(2)(C). (b) Comparative testing reports required (1) Report from Director of Operational Test and Evaluation Not later than 53 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes the information described in section 134(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038). (2) Report from Secretary of the Air Force Not later than 53 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the information described in section 134(e)(2)(C) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038). 1047. Special operations forces joint operating concept for competition and conflict (a) In general Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command shall jointly submit to the congressional defense committees a Special Operations Forces joint operating concept for competition and conflict. (b) Elements The joint operating concept required by subsection (a) shall include the following: (1) A detailed description of the manner in which special operations forces will be expected to operate in the future across the spectrum of operations, including operations below the threshold of traditional armed conflict, crisis, and armed conflict. (2) An explanation of the roles and responsibilities of the national mission force and the theater special operations forces, including how such forces will be integrated with each other and with general purpose forces. (3) An articulation of the required capabilities of the special operations forces. (4) An explanation of the manner in which the joint operating concept relates to and fits within the joint warfighting concept produced by the Joint Chiefs of Staff. (5) An explanation of the manner in which the joint operating concept relates to and integrates into the operating concepts of the Armed Forces. (6) Any other matter the Assistant Secretary and the Commander consider relevant. 1048. Limitation on availability of certain funding for operation and maintenance Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the congressional defense committees the following: (1) The first quarterly report identifying and summarizing all execute orders approved by the Secretary of Defense or the commander of a combatant command in effect for the Department of Defense as required by section 1744(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 113 note). (2) The report on the policy of the Department of Defense relating to civilian casualties resulting from United States military operations required by section 936(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note). 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment Of the amounts authorized to be appropriated for fiscal year 2022 by section 301 for operation and maintenance and available for the Office of the Secretary of Defense for the travel of persons as specified in the table in section 4301, not more than 75 percent shall be available until the date on which all of the following are submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services House of Representatives: (1) The report required by subsection (h)(1) of section 1631 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (2) The strategy and posture review required by subsection (g) of such section. 1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings (a) Briefing requirement Not later than March 31, 2022, the Comptroller General of the United States shall provide to the congressional defense committees a briefing on the status of the ongoing efforts of the Comptroller General with respect to the effectiveness of each of the following: (1) Department of Defense programming and planning for the nuclear enterprise. (2) Department of Defense processes for identifying the relevance of legacy military systems. (3) Defense weapon system acquisition and contracting. (b) Limitation on availability of funds Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense for travel expenses, not more than 90 percent may be obligated or expended before the date on which the Secretary of Defense has entered into agreements for the conduct of the independent reviews required under section 1753 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1852). 1051. Survey on relations between members of the Armed Forces and military communities (a) Survey (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall conduct a survey of covered individuals regarding relations between covered individuals and covered communities. (2) Contents of survey The survey shall be designed to solicit information from covered individuals regarding each of the following: (A) The rank, age, racial, ethnic, and gender demographics of the covered individuals. (B) Relationships between covered individuals and the covered community, including support services and acceptance of the military community. (C) The availability of housing, health care, mental health services, and education for covered individuals, employment opportunities for military spouses, and other relevant issues. (D) Initiatives of local government and community organizations with respect to covered individuals and covered communities. (E) The physical safety of covered individuals while in a covered community but outside the military installation located in such covered community. (F) Any other matters designated by the Secretary of Defense. (3) Locations For purposes of conducting the survey under this subsection, the Secretary of Defense shall select ten geographically diverse military installations where the survey will be conducted. (b) Additional activities In the course of conducting surveys under this section, the Secretary may carry out any of the following activities with respect to covered individuals and covered communities: (1) Facilitating local listening sessions and information exchanges. (2) Developing educational campaigns. (3) Supplementing existing local and national defense community programs. (4) Sharing best practices and activities. (c) Coordination To support activities under this section, the Secretary of Defense may coordinate with local governments and not-for-profit organizations that represent covered individuals. (d) Briefing Not later than September 30, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the survey conducted under subsection (a). Such briefing shall include— (1) with respect to each covered community— (A) the results of the survey; and (B) the activities conducted to address racial inequity in the community; (2) the aggregate results of the survey; and (3) best practices for creating positive relationships between covered individuals and covered communities. (e) Definitions In this section: (1) The term covered community means a military installation and any geographic area within 10 miles of such military installation. (2) The term covered individual means any of the following individuals who live in a covered community or work on a military installation in a covered community: (A) A member of the Armed Forces. (B) A family member of an individual described in subparagraph (A). (3) The term military installation has the meaning given such term in section 2801 of title 10, United States Code. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements (a) Limitation Of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense for travel expenses, not more than 90 percent may be obligated or expended before the date on which all of the following reports are submitted to Congress and the unclassified portions thereof made publicly available: (1) The report required under section 589F(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) The reports required under section 1299H(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (3) The report required under section 888(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (4) The report required under section 1752(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (b) Briefing requirement Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on obstacles to compliance with congressional mandated reporting requirements. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern Section 8062(d) of title 10, United States Code, is amended by inserting the Coast Guard, the Space Force, after the Air Force,. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review (a) Technical amendment (1) In general The second section 118a of title 10, United States Code (relating to the quadrennial quality of life review) is redesignated as section 118b. (2) Clerical amendment The table of sections at the beginning of chapter 2 of such title is amended by striking the item relating to the second section 118a and inserting the following new item: 118b. Quadrennial quality of life review.. (b) Inclusion in review Subsection (c) of section 118b of title 10, United States Code, as redesignated under subsection (a), is amended by adding at the end the following new paragraph: (15) Support services for Gold Star families.. 1062. Public availability of semi-annual summaries of reports (a) In general Section 122a of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Semi-annual summaries Not later than January 1 and July 1 of each year, the Secretary of Defense shall make publicly available on an appropriate internet website a summary of all reports submitted to Congress by the Department of Defense for the preceding six-month period that are required to be submitted by statute. Each such summary shall include, for each report covered by the summary, the title of report, the date of delivery, and the section of law under which such report is required.. (b) Applicability Subsection (c) of section 122a of title 10, United States Code, as added by subsection (a), shall apply beginning on the date that is one year after the date of the enactment of this Act. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense Section 1014(d)(3) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) is amended by striking December 31, 2022 and inserting December 31, 2023. 1064. Continuation of certain Department of Defense reporting requirements Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 111 note) is amended— (1) in subsection (b)(2), by adding at the end the following new subparagraphs: (E) The submission of the report required under section 14 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5 ). (F) The submission of the report required under section 2504 of title 10, United States Code. ; (2) in subsection (c), by striking paragraph (47); and (3) in subsection (i), by striking paragraph (30). 1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires Section 1058 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 31 U.S.C. 1535 note) is amended by adding at the end the following new subsection: (g) Updated review and enhancement of authorities (1) Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Director shall— (A) conduct a second review under subsection (a) and make a second determination under subsection (b); and (B) submit to Congress a report that includes— (i) the results of the second review and second determination required by subparagraph (A); and (ii) a description, based on such second determination, of any new modifications proposed to be made to existing authorities under subsection (c) or (d), including whether there is a need for legislative changes to further improve the procedures for using Department of Defense assets to fight wildfires. (2) Pursuant to the second determination under subsection (b) required by paragraph (1)(A), the Director shall develop and implement such modifications, regulations, policies, and interagency procedures as the Director determines appropriate pursuant to subsections (c) and (d). Any such modification, regulation, policy, or interagency procedure shall not take effect until the end of the 30-day period beginning on the date on which the report is submitted to Congress under paragraph (1)(B).. 1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan (a) In general Not later than March 31, 2022, each commander of a geographic combatant command shall submit to the congressional defense committees a report containing an assessment of the level of operational risk to that command posed by the plan of the Air Force to modernize and restructure airborne intelligence, surveillance, and reconnaissance capabilities to meet near-, mid-, and far-term contingency and steady-state operational requirements against adversaries in support of the objectives of the current national defense strategy. (b) Plan assessed The plan of the Air Force referred to in subsection (a) is the plan required under section 142 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (c) Assessment of risk In assessing levels of operational risk for purposes of subsection (a), a commander shall use the military risk matrix of the Chairman of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E. (d) Geographic combatant command In this section, the term geographic combatant command means each of the following: (1) United States European Command. (2) United States Indo-Pacific Command. (3) United States Africa Command. (4) United States Southern Command. (5) United States Northern Command. (6) United States Central Command. 1067. Biennial assessments of Air Force Test Center Not later than December 1 of each of 2022, 2024, and 2026, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Test Center. Each such assessment shall include, for the period covered by the assessment, a description of— (1) any challenges of the Air Force Test Center with respect to completing its mission; and (2) the plan of the Secretary to address such challenges. 1068. Report on 2019 World Military Games (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the participation of the United States in the 2019 World Military Games. Such report shall include a detailed description of each of the following: (1) The number of United States athletes and staff who attended the 2019 World Military Games and became ill with COVID–19-like symptoms during or shortly after their return to the United States. (2) The results of any blood testing conducted on athletes and staff returning from the 2019 World Military Games, including whether those blood samples were subsequently tested for COVID–19. (3) The number of home station Department of Defense facilities of the athletes and staff who participated in the 2019 World Military Games that experienced outbreaks of illnesses consistent with COVID–19 symptoms upon the return of members of the Armed Forces from Wuhan, China. (4) The number of Department of Defense facilities visited by team members after returning from Wuhan, China, that experienced COVID–19 outbreaks during the first quarter of 2020, including in relation to the share of other Department of Defense facilities that experienced COVID–19 outbreaks through March 31, 2020. (5) Whether the Department tested members of the Armed Forces who traveled to Wuhan, China, for the World Military Games for COVID–19 antibodies, and if so, what portion, if any, of those results were positive, and when such testing was conducted. (6) Whether there are, or have been, any investigations, including under the auspices of an Inspector General, across the Department of Defense or the military departments into possible connections between United States athletes who traveled to Wuhan, China, and the outbreak of COVID–19. (7) Whether the Department has engaged with the militaries of allied or partner countries about illnesses surrounding the 2019 World Military Games, and if so, how many participating militaries have indicated to the Department that their athletes or staff may have contracted COVID–19-like symptoms during or immediately after the Games. (b) Form of report Except to the extent prohibited by law, the report required under this section shall be submitted in unclassified form and made publicly available on an internet website in a searchable format, but may contain a classified annex. 1069. Reports on oversight of Afghanistan (a) Reports Not later than 60 days after the date of the enactment of this Act, and annually thereafter until December 31, 2026, the Secretary of Defense, in coordination with the Director of National Intelligence and consistent with the protection of intelligence sources and methods, shall submit to the appropriate congressional committees a report on Afghanistan. Each such report shall address, with respect to Afghanistan, the following matters: (1) An up-to-date assessment of the over-the-horizon capabilities of the United States. (2) A description of the concept of force with respect to the over-the-horizon force of the United States. (3) The size of such over-the-horizon force. (4) The location of such over-the-horizon force, including the locations of the forces as of the date of the submission of the report and any plans to adjust such locations. (5) The chain of command for such over-the-horizon force. (6) The launch criteria for such over-the-horizon force. (7) Any plans to expand or adjust such over-the-horizon force capabilities in the future, to account for evolving terrorist threats in Afghanistan. (8) An assessment of the terrorist threat in Afghanistan. (9) An assessment of the quantity and types of United States military equipment remaining in Afghanistan, including an indication of whether the Secretary plans to leave, recover, or destroy such equipment. (10) Contingency plans for the retrieval or hostage rescue of United States citizens located in Afghanistan. (11) Contingency plans related to the continued evacuation of Afghans who hold special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) or who have filed a petition for such status, following the withdrawal of the United States Armed Forces from Afghanistan. (12) A concept of logistics support to support the over-the-horizon force of the United States, including all basing and transportation plans. (13) An assessment of changes in the ability of al-Qaeda and ISIS-K to conduct operations within Taliban-held Afganistan or outside of Afghanistan against the United States and allies of the United States. (14) An assessment of the threat posed by prisoners released by the Taliban from the Pul-e-Charkhi prison and Parwan detention facility, Afghanistan, in August 2021, including, for each such prisoner— (A) the country of origin of the prisoner; (B) any affiliation of the prisoner with a foreign terrorist organization; and (C) in the case of any such prisoner determined to pose a risk for external operations outside of Afghanistan, the assessed location of the prisoner. (15) The status of any military cooperation between the Taliban and China, Russia, or Iran. (16) Any other matters the Secretary determines appropriate. (b) Form Each report required under this section may be submitted in either unclassified or classified form, as determined appropriate by the Secretary. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Armed Services and the Select Committee on Intelligence of the Senate. 1070. Study and report on Department of Defense excess personal property program (a) Study The Director of the Defense Logistics Agency shall conduct a study on the excess personal property program of the Department of Defense under section 2576a of title 10, United States Code, and the administration of such program by the Law Enforcement Support Office. Such study shall include— (1) an analysis of the degree to which personal property transferred under such program has been distributed equitably between larger, well-resourced municipalities and units of government and smaller, less well-resourced municipalities and units of government; and (2) an identification of potential reforms to such program to ensure that such property is transferred in a manner that provides adequate opportunity for participation by smaller, less well-resourced municipalities and units of government. (b) Report Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report on the results of a study required under subsection (a). 1071. Optimization of Irregular Warfare Technical Support Directorate (a) Plan required Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the congressional defense committees a plan for improving the support provided by the Irregular Warfare Technical Support Directorate to meet military requirements. Such plan shall include the following: (1) Specific actions to— (A) ensure adequate focus on rapid fielding of required capabilities; (B) improve metrics and methods for tracking projects that have transitioned into programs of record; and (C) minimize overlap with other research, development, and acquisition efforts. (2) Such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant. (b) Department of Defense Instruction required Not later than 270 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Secretaries of the military departments, shall publish an updated Department of Defense Instruction in order to— (1) define the objectives, organization, mission, customer base, and role of the Irregular Warfare Technical Support Directorate; (2) ensure coordination with external program managers assigned to the military departments and the United States Special Operations Command; (3) facilitate adequate oversight by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment; and (4) address such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data (a) Joint assessments and determinations The Vice Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Intelligence and Security, and the Secretary of the Army, in consultation with other appropriate officials of the Department of Defense, shall jointly carry out each of the following: (1) An assessment of the requirements of the joint force with respect to three-dimensional geospatial data in order to achieve Combined Joint All-Domain Command and Control, including the use of such data for each of the following: (A) Training. (B) Planning. (C) Modeling and simulation. (D) Mission rehearsal. (E) Operations. (F) Intelligence, including geolocation support to intelligence collection systems. (G) Dynamic and precision targeting. (H) After action reviews. (2) A determination of whether three-dimensional geospatial data derived from Government sources, commercial sources, or both (referred to as derivative three-dimensional geospatial data ) meets the accuracy, resolution, community sensor model compliance, and currency required for precision targeting. (3) A determination of the optimum management, joint funding structure, and resources required for the collection, tasking, acquisition, production, storage, and consumption of three-dimensional geospatial data, including a consideration of— (A) designating the Army as the Executive Agent for warfighter collection, production, and consumption of three-dimensional geospatial content at the point-of-need; (B) designating the National Geospatial Intelligence Agency, in its role as the Geospatial Intelligence Functional Manager, as the Executive Agent for quality assessment, testing, evaluation, validation, and enterprise storage and retrieval of derivative three-dimensional geospatial data; (C) existing governance structures across the Department of Defense and the National Geospatial Intelligence Agency for the procurement and production of three-dimensional geospatial data and the development of tools and plans, from either commercial or Government sources; and (D) identifying potential commercial and Government capabilities that could be established as a three-dimensional geospatial intelligence program of record. (b) Army management considerations If the Vice Chairman, the Under Secretary, and the Secretary of the Army determine that the Army should serve as the Executive Agent for Department of Defense three-dimensional geospatial data, the Secretary shall determine the respective roles within the Army. (c) Additional Army determinations The Secretary of the Army shall determine whether operational use of the Integrated Visual Augmentation System and Army intelligence and mission command systems require three-dimensional geospatial data for assigned operational missions, including targeting. (d) Briefing required Not later than 180 days after the date of the enactment of this Act, the Vice Chairman, the Under Secretary, and the Secretary of the Army shall complete the assessments and determinations required by this section and provide to the congressional defense committees a briefing on such assessments and determinations. 1073. Required review of Department of Defense unmanned aircraft systems categorization (a) In general The Under Secretary of Defense for Acquisition and Sustainment shall initiate a process— (1) to review the system used by the Department of Defense for categorizing unmanned aircraft systems, as described in Joint Publication 3–30 titled Joint Air Operations ; and (2) to determine whether modifications should be made in the Department of Defense grouping of unmanned aerial systems into five broad categories, as in effect on the date of the enactment of this Act. (b) Required elements for revision If the Under Secretary determines under subsection (a) that the characteristics associated with any of the five categories of unmanned aircraft systems should be revised, the Under Secretary shall consider the effect a revision would have on— (1) the future capability and employment needs to support current and emerging warfighting concepts; (2) advanced systems and technologies available in the current commercial marketplace; (3) the rapid fielding of unmanned aircraft systems technology; and (4) the integration of unmanned aircraft systems into the National Airspace System. (c) Consultation requirements In carrying out the review required under subsection (a), the Under Secretary shall consult with— (1) the Secretary of each of the military departments; (2) the Chairman of the Joint Chiefs of Staff; (3) the Secretary of State; and (4) the Administrator of the Federal Aviation Administration. (d) Report required Not later than October 1, 2022, the Under Secretary shall submit to the congressional defense committees, the Committee on Transportation and Infrastructure and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate a report that includes a description of— (1) the results of the review initiated under subsection (a); (2) any revisions planned to the system used by the Department of Defense for categorizing unmanned aircraft systems as a result of such review; (3) the costs and benefits of any planned revisions; and (4) a proposed implementation plan and timelines for such revisions. 1074. Annual report and briefing on Global Force Management Allocation Plan (a) In general Not later than October 31, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a classified report and a classified briefing on the Global Force Management Allocation Plan and its implementation. (b) Report Each report required by subsection (a) shall include a summary describing the Global Force Management Allocation Plan being implemented as of October 1 of the year in which the report is provided. (c) Briefing Each briefing required by subsection (a) shall include the following: (1) A summary of the major modifications to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year as a result of a shift in strategic priorities, requests for forces, or other contingencies, and an explanation for such modifications. (2) A description of the major differences between the Global Force Management Allocation Plan for the current fiscal year and the Global Force Management Allocation Plan for the preceding fiscal year. (3) A description of any difference between the actual global allocation of forces, as of October 1 of the year in which the briefing is provided, and the forces stipulated in the Global Force Management Allocation Plan being implemented on that date. 1075. Report on World War I and Korean War era Superfund facilities (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on active Superfund facilities where a hazardous substance originated from Department of Defense activities occurring between the beginning of World War I and the end of the Korean War. Such report shall include a description of such Superfund facilities as well as any actions, planned actions, communication with communities, and cooperation with relevant agencies, including the Environmental Protection Agency, carried out or planned to be carried out by the Department of Defense. (b) Superfund facility In this section, the term Superfund facility means a facility included on the National Priorities List pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605 ). 1076. Report on implementation of irregular warfare strategy (a) Report Not later than 180 days after the date of the enactment of this Act, and annually thereafter through fiscal year 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the activities and programs of the Department of Defense to implement the irregular warfare strategy consistent with the 2019 Irregular Warfare Annex to the National Defense Strategy, as amended by any subsequent national defense strategy. (b) Elements of report Each report required by subsection (a) shall include the following elements for the year covered by the report: (1) A description and assessment of efforts to institutionalize the approach of the Department of Defense to irregular warfare and maintain a baseline of capabilities and expertise in irregular warfare in both conventional and special operations forces, including efforts to— (A) institutionalize irregular warfare in force development and design; (B) transform the approach of the Department of Defense to prioritize investments in, and development of, human capital for irregular warfare; (C) ensure an approach to irregular warfare that is agile, efficient, and effective by investing and developing capabilities in a cost-informed and resource-sustainable manner; and (D) integrate irregular warfare approaches into operational plans and warfighting concepts for competition, crisis, and conflict. (2) A description and assessment of efforts to operationalize the approach of the Department of Defense to irregular warfare to meet the full range of challenges posed by adversaries and competitors, including efforts to— (A) execute proactive, enduring campaigns using irregular warfare capabilities to control the tempo of competition, shape the environment, and increase the cost of hostilities against the United States and its allies; (B) adopt a resource-sustainable approach to countering violent extremist organizations and consolidating gains against the enduring threat from these organizations; (C) improve the ability of the Department of Defense to understand and operate within the networked, contested, and multi-domain environment in which adversaries and competitors operate; (D) foster and sustain unified action in irregular warfare including through collaboration and support of interagency partners in the formulation of assessments, plans, and the conduct of operations; and (E) expand networks of allies and partners, including for the purpose of increasing the ability and willingness of allies and partners to defend their sovereignty, contribute to coalition operations, and advance common security initiatives. (3) A description of— (A) the status of the plan required to be produced by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the Chairman of the Joint Chiefs of Staff, in coordination with the combatant commands and the Secretaries of the military departments, to implement the objectives described in the 2019 Irregular Warfare Annex to the National Defense Strategy; and (B) the efforts by the relevant components of the Department of Defense to expeditiously implement such plan, including the allocation of resources to implement the plan. (4) An assessment by the Secretary of Defense of the resources, plans, and authorities required to establish and sustain irregular warfare as a fully-integrated core competency for the Joint Forces. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service (a) Study In consultation with the Chief Information Officer of the Department of Defense, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ) shall conduct a study on providing end-to-end electronic voting services (including services for registering to vote, requesting an electronic ballot, completing the ballot, and returning the ballot) in participating States for absent uniformed services voters under such Act who are deployed or mobilized to locations with limited or immature postal service (as determined by the Presidential designee). (b) Specifications In conducting the study under subsection (a), the Presidential designee shall include— (1) methods that would ensure voters have the opportunity to verify that their ballots are received and tabulated correctly by the appropriate State and local election officials; (2) methods that would generate a verifiable and auditable vote trail for the purposes of any recount or audit conducted with respect to an election; (3) a plan of action and milestones on steps that would need to be achieved prior to implementing end-to-end electronic voting services for absentee uniformed services voters; (4) an assessment of whether commercially available technologies may be used to carry out any of the elements of the plan; and (5) an assessment of the resources needed to implement the plan of action and milestones referred to in paragraph (3). (c) Consultation with State and local election officials The Presidential designee shall conduct the study under subsection (a) in consultation with appropriate State and local election officials. (d) Use of contractors To the extent the Presidential designee determines to be appropriate, the Presidential designee may include in the study conducted under subsection (a) an analysis of the potential use of contractors to provide voting services and how such contractors could be used to carry out the elements of the plan referred to in subsection (b)(3). (e) Briefing; report (1) Briefing Not later than 180 days after the date of the enactment of this Act, the Presidential designee shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the interim results of the study conducted under subsection (a). (2) Report Not later than one year after the date of the enactment of this Act, the Presidential designee shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study conducted under subsection (a). 1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment Not later than June 1, 2022, the Secretary of the Air Force shall submit to the congressional defense committees a report containing— (1) a strategy for the acquisition of combat rescue aircraft and equipment that aligns with the stated capability and capacity requirements of the Air Force; and (2) an analysis of how such strategy meets the requirements of the national defense strategy required under section 113(g) of title 10, United States Code. 1081. Technical, conforming, and clerical amendments (a) Title 10, United States Code Title 10, United States Code, is amended as follows: (1) The table of chapters at the beginning of part I of subtitle A is amended by striking the item relating to the second chapter 19 (relating to cyber matters). (2) The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 118 and inserting the following new item: 118. Materiel readiness metrics and objectives for major weapon systems.. (3) The second section 118a, as added by section 341 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 118b, and the table of sections at the beginning of chapter 2 of such title is conformed accordingly. (4) Section 138(b)(2)(A)(i) is amended by striking the semicolon. (5) Section 196(d) is amended by striking ,, and inserting ,. (6) Section 231a(e)(2) is amended by striking include the following, and inserting include. (7) Section 240b(b)(1)(B)(xiii) is amended by striking An and inserting A. (8) Section 240g(a)(3) is amended by striking ; and and inserting ;. (9) Section 393(b)(2)(D) is amended by inserting a period at the end. (10) Section 483(f)(3) is amended by inserting this before title. (11) Section 651(a) is amended by inserting a comma after 3806(d)(1)). (12) The table of sections at the beginning of chapter 39 is amended by adding a period at the end of the item relating to section 691. (13) Section 823(a)(2) (article 23(a)(2) of the Uniform Code of Military Justice) is amended by inserting a comma after Army. (14) Section 856(b) (article 56(b) of the Uniform Code of Military Justice) is amended by striking subsection (d) of section 853a and inserting subsection (c) of section 853a. (15) Section 1044e(g) is amended by striking number of Special Victims’ Counsel and inserting number of Special Victims’ Counsels. (16) The table of sections at the beginning of chapter 54 is amended by striking the item relating to section 1065 and inserting the following new item: 1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers.. (17) Section 1463(a)(4) is amended by striking that that and inserting that. (18) Section 1465(b)(2) is amended by striking the the and inserting the. (19) Section 1466(a) is amended, in the matter preceding paragraph (1), by striking Coast guard and inserting Coast Guard. (20) Section 1554a(g)(2) is amended by striking.. and inserting.. (21) Section 1599h is amended— (A) in subsection (a), by redesignating the second paragraph (7) and paragraph (8) as paragraphs (8) and (9), respectively; and (B) in subsection (b)(1), by redesignating the second subparagraph (G) and subparagraph (H) as subparagraphs (H) and (I), respectively. (22) Section 1705(a) is amended by striking a fund and inserting an account. (23) Section 1722a(a) is amended by striking ,, and inserting ,. (24) Section 1788a(e) is amended— (A) in paragraph (3), by striking section 167(i) and inserting section 167(j) ; (B) in paragraph (4), by striking covered personnel and inserting covered individuals ; and (C) in paragraph (5), in the matter preceding subparagraph (A), by striking covered personnel and inserting covered individuals. (25) The table of chapters at the beginning of part III of subtitle A is amended, in the item relating to chapter 113, by striking the period after 2200g. (26) Section 2107(a) is amended by striking or Space Force. (27) Section 2279b(b) is amended by redesignating the second paragraph (11) as paragraph (12). (28) Section 2321(f) is amended by striking the item both places it appears and inserting the commercial product. (29) The second section 2350m (relating to execution of projects under the North Atlantic Treaty Organization Security Investment Program), as added by section 2503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 2350q and the table of sections at the beginning of subchapter II of chapter 138 is conformed accordingly. (30) Section 2534(a) is amended— (A) in paragraph (3), by striking subsection (j) and inserting subsection (k) ; and (B) in paragraph (5), by striking principle and inserting principal. (31) Section 2891a(e)(1) is amended by striking the any and inserting the. (32) The table of sections at the beginning of chapter 871 is amended— (A) by striking the item relating to section 8749 and inserting the following new item: 8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard. ; and (B) by striking the item relating to section 8749a and inserting the following new item: 8749a. Civil service mariners of Military Sealift Command: alcohol testing.. (33) The second section 9084, as added by section 1601 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is transferred to appear after section 9085 and redesignated as section 9086, and the table of sections at the beginning of chapter 908 of such title is conformed accordingly. (34) The second section 9132 (relating to Regular Air Force and Regular Space Force: reenlistment after service as an officer) is redesignated as section 9138 (and the table of sections at the beginning of chapter 913 is conformed accordingly). (35) The section heading for section 9401 is amended to read as follows (and the table of sections at the beginning of chapter 951 is conformed accordingly): 9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals . (36) The section heading for section 9402 is amended to read as follows (and the table of sections at the beginning of chapter 951 is conformed accordingly): 9402. Enlisted members of Air Force or Space Force: schools . (37) Section 9840 is amended in the second sentence by striking He and inserting The officer. (b) NDAA for Fiscal Year 2021 Effective as of January 1, 2021, and as if included therein as enacted, section 1 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by inserting (a) In general.— before This Act ; and (2) by adding at the end the following: (b) References Any reference in this or any other Act to the National Defense Authorization Act for Fiscal Year 2021 shall be deemed to be a reference to the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.. (c) NDAA for Fiscal Year 2020 Effective as of December 20, 2019, and as if included therein as enacted, section 1739(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) is amended by striking VI and inserting VII. (d) Coordination With Other Amendments Made by This Act For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act. 9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals 9402. Enlisted members of Air Force or Space Force: schools 1082. Modification to Regional Centers for Security Studies (a) In general Section 342(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Ted Stevens Center for Arctic Security Studies, established in 2021 and located in Anchorage, Alaska.. (b) Acceptance of gifts and donations Section 2611(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Ted Stevens Center for Arctic Security Studies.. 1083. Improvement of transparency and congressional oversight of civil reserve air fleet (a) Definitions (1) Secretary Paragraph (10) of section 9511 of title 10, United States Code, is amended to read as follows: (10) The term Secretary means the Secretary of Defense.. (2) Conforming amendments Chapter 961 of title 10, United States Code, as amended by paragraph (1), is further amended— (A) in section 9511a by striking Secretary of Defense each place it appears and inserting Secretary ; (B) in section 9512(e), by striking Secretary of Defense and inserting Secretary ; and (C) in section 9515, by striking Secretary of Defense each place it appears and inserting Secretary. (b) Annual report on civil reserve air fleet Section 9516 of title 10, United States Code, is amended— (1) in subsection (d), by striking When the Secretary and inserting Subject to subsection (e), when the Secretary ; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: (e) Annual report Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that— (1) identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of subsection (a)(1); and (2) for each such contract— (A) specifies the dollar value of the award; and (B) provides a detailed explanation of the reasons for the award.. (c) Technical amendments (1) In general Chapter 961 of title 10, United States Code, as amended by subsections (a) and (b), is further amended— (A) by redesignating sections 9511a and 9512 as sections 9512 and 9513, respectively; (B) in section 9511, by striking section 9512 each place it appears and inserting section 9513 ; and (C) in section 9514, by redesignating subsection (g) as subsection (f). (2) Clerical amendment The table of sections at the beginning of such chapter is amended by striking the items relating to sections 9511a and 9512 and inserting the following new items: 9512. Civil Reserve Air Fleet contracts: payment rate. 9513. Contracts for the inclusion or incorporation of defense features.. (d) Charter air transportation of members of the armed forces or cargo (1) In general Section 2640 of title 10, United States Code, is amended— (A) in the section heading, by inserting or cargo after armed forces ; (B) in subsection (a)(1), by inserting or cargo after members of the armed forces ; (C) in subsection (b), by inserting or cargo after members of the armed forces ; (D) in subsection (d)(1), by inserting or cargo after members of the armed forces ; (E) in subsection (e)— (i) by inserting or cargo after members of the armed forces ; and (ii) by inserting or cargo before the period at the end; (F) in subsection (f), by inserting or cargo after members of the armed forces ; and (G) in subsection (j)(1), by inserting cargo , after air transportation ,. (2) Clerical amendment The table of sections at the beginning of chapter 157 of title 10, United States Code, is amended by striking the item relating to section 2640 and inserting the following new item: 2640. Charter air transportation of members of the armed forces or cargo.. 1084. Observance of National Atomic Veterans Day (a) In general Chapter 1 of title 36, United States Code, is amended by adding at the end the following new section: 146. National Atomic Veterans Day The President shall issue each year a proclamation calling on the people of the United States to— (1) observe Atomic Veterans Day with appropriate ceremonies and activities; and (2) remember and honor the atomic veterans of the United States whose brave service and sacrifice played an important role in the defense of the Nation.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 146. National Atomic Veterans Day.. 146. National Atomic Veterans Day The President shall issue each year a proclamation calling on the people of the United States to— (1) observe Atomic Veterans Day with appropriate ceremonies and activities; and (2) remember and honor the atomic veterans of the United States whose brave service and sacrifice played an important role in the defense of the Nation. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations Not later than July 1, 2022, the Chairman of the Joint Chiefs of Staff shall update Joint Publication 3-68: Noncombatant Evacuation Operations. 1086. National Museum of the Surface Navy (a) Designation The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the National Museum of the Surface Navy. (b) Purposes The purposes of the National Museum of the Surface Navy shall be to— (1) provide and support— (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the people of the United States understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States. 1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport The Secretary of Defense may establish a commemorative work on Federal land owned by the Department of Defense in the District of Columbia and its environs to commemorate the 13 members of the Armed Forces who died in the bombing attack on Hamid Karzai International Airport, Kabul, Afghanistan, on August 26, 2021. 1088. Treatment of operational data from Afghanistan (a) Sense of Congress It is the sense of Congress that— (1) an immense amount of operational data and intelligence has been developed over the past two decades of war in Afghanistan; and (2) this information is valuable and must be appropriately retained. (b) Operational data The Secretary of Defense shall— (1) archive and standardize operational data from Afghanistan across the myriad of defense information systems; and (2) ensure the Afghanistan operational data is structured, searchable, and usable across the joint force. (c) Briefing Not later than March 4, 2022, the Under Secretary of Defense for Intelligence and Security shall provide to the Committee on Armed Services of the House of Representatives a briefing on how the Department of Defense has removed, retained, and assured long-term access to operational data from Afghanistan across each military department and command. Such briefing shall address the manner in which the Department of Defense— (1) is standardizing and archiving intelligence and operational data from Afghanistan across the myriad of defense information systems; and (2) ensuring access to such data across the joint force. 1089. Responsibilities for national mobilization; personnel requirements (a) Executive agent for national mobilization The Secretary of Defense shall designate a senior civilian official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for— (1) developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers to other persons inducted into the Armed Forces under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ); (2) providing Congress and the Selective Service System with updated requirements and timelines for obtaining inductees in the event of a national emergency requiring mass mobilization and induction of personnel under the Military Selective Service Act for training and service in the Armed Forces; and (3) providing Congress with a plan, developed in coordination with the Selective Service System, to induct large numbers of volunteers who may respond to a national call for volunteers during an emergency. (b) Report required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for obtaining inductees as part of a mobilization timeline for the Selective Service System. The plan shall include a description of resources, locations, and capabilities of the Armed Forces required to train, equip, and integrate personnel inducted into the Armed Forces under the Military Selective Service Act into the total force, addressing scenarios that would include 300,000, 600,000, and 1,000,000 new volunteer and other personnel inducted into the Armed Forces under the Military Selective Service Act. The plan may be provided in classified form. 1090. Independent assessment with respect to Arctic region (a) Independent assessment (1) In general Not later than 90 days after the date of the enactment of this Act, the Commander of the United States Northern Command, in consultation and coordination with the Commander of the United States Indo-Pacific Command, the Commander of the United States European Command, the military services, and the defense agencies, shall complete an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives: (A) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region. (B) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region. (C) The reduction of the risk of executing operation and contingency plans of the Department of Defense. (D) To maximize execution of Department operation and contingency plans, in the event deterrence fails. (2) Elements The assessment required by paragraph (1) shall include the following: (A) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by— (i) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the Armed Forces within the Arctic region, and scenarios that consider— (I) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region; (II) use of near-, mid-, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine; (III) supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units; (ii) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command; (iii) an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and (iv) any other matter the Commander of the United States Northern Command considers appropriate. (B) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis. (C) An assessment of capabilities requirements to achieve such objectives. (D) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (E) An assessment and identification of required infrastructure and military construction investments to achieve such objectives. (3) Report (A) In general Upon completion of the assessment required by paragraph (1), the Commander of the United States Northern Command shall submit to the Secretary of Defense a report on the assessment. (B) Submittal to Congress Not later than 30 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall provide to the congressional defense committees— (i) a copy of the report, in its entirety; and (ii) any additional analysis or information, as the Secretary considers appropriate. (C) Form The report required by subparagraph (A), and any additional analysis or information provided under subparagraph (B)(i)(II), may be submitted in classified form, but shall include an unclassified summary. (b) Arctic Security Initiative (1) Plan (A) In general Not later than 30 days after the date on which the Secretary receives the report under subsection (a)(3)(A), the Secretary shall provide to the congressional defense committees a briefing on the plan to carry out a program of activities to enhance security in the Arctic region. (B) Objectives The plan required by subparagraph (A) shall be— (i) consistent with the objectives described in paragraph (1) of subsection (a); and (ii) informed by the assessment required by that paragraph. (C) Activities The plan shall include, as necessary, the following prioritized activities to improve the design and posture of the joint force in the Arctic region: (i) Modernize and strengthen the presence of the Armed Forces, including those with advanced capabilities. (ii) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel. (iii) Conduct exercises, wargames, education, training, experimentation, and innovation for the joint force. (iv) Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces. (2) Establishment (A) In general Not earlier than 30 days after the submittal of the plan required by paragraph (1), the Secretary may establish a program of activities to enhance security in the Arctic region, to be known as the Arctic Security Initiative (in this paragraph referred to as the Initiative ). (B) Five-year plan for the Initiative (i) In general If the Initiative is established, the Secretary, in consultation with the Commander of the United States Northern Command, shall submit to the congressional defense committees a future years plan for the activities and resources of the Initiative that includes the following: (I) A description of the activities and resources for the first fiscal year beginning after the date on which the Initiative is established, and the plan for not fewer than the four subsequent fiscal years, organized by the activities described in paragraph (1)(C). (II) A summary of progress made toward achieving the objectives described in subsection (a)(1). (III) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve progress in reducing risk to the ability of the joint force to achieve objectives in the Arctic region, including, as appropriate, investments in— (aa) active and passive defenses against— (AA) manned aircraft, surface vessels, and submarines; (BB) unmanned naval systems; (CC) unmanned aerial systems; and (DD) theater cruise, ballistic, and hypersonic missiles; (bb) advanced long-range precision strike systems; (cc) command, control, communications, computers, intelligence, surveillance, and reconnaissance systems; (dd) training and test range capacity, capability, and coordination; (ee) dispersed resilient and adaptive basing to support distributed operations, including expeditionary airfields and ports, space launch facilities, and command posts; (ff) advanced critical munitions; (gg) pre-positioned forward stocks of fuel, munitions, equipment, and materiel; (hh) distributed logistics and maintenance capabilities; (ii) strategic mobility assets, including icebreakers; (jj) improved interoperability, logistics, transnational supply lines and infrastructure, and information sharing with allies and partners, including scientific missions; and (kk) information operations capabilities. (IV) A detailed timeline for achieving the requirements identified under subclause (III). (V) A detailed explanation of any significant modification to such requirements, as compared to— (aa) the assessment required by subsection (a)(1) for the first fiscal year; and (bb) the plans previously submitted for each subsequent fiscal year. (VI) Any other matter the Secretary considers necessary. (ii) Form A plan under clause (i) shall be submitted in unclassified form, but may include a classified annex. 1091. National Security Commission on Emerging Biotechnology (a) Establishment (1) In general There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the National Security Commission on Emerging Biotechnology (in this section referred to as the Commission ). (2) Date of establishment The date of establishment referred to in paragraph (1) is 30 days after the date of the enactment of this Act. (b) Membership (1) Number and appointment The Commission shall be composed of 12 members appointed as follows: (A) Two members appointed by the Chair of the Committee on Armed Services of the Senate, one of whom is a Member of the Senate and one of whom is not. (B) Two members appointed by the ranking minority member of the Committee on Armed Services of the Senate, one of whom is a Member of the Senate and one of whom is not. (C) Two members appointed by the Chair of the Committee on Armed Services of the House of Representatives, one of whom is a Member of the House of Representatives and one of whom is not. (D) Two members appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives, one of whom is a Member of the House of Representatives and one of whom is not. (E) One member appointed by the Speaker of the House of Representatives. (F) One member appointed by the Minority Leader of the House of Representatives. (G) One member appointed by the Majority Leader of the Senate. (H) One member appointed by the Minority Leader of the Senate. (2) Deadline for appointment Members shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2). (3) Effect of lack of appointment by appointment date If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (4) Qualifications The members of the Commission who are not members of Congress and who are appointed under subsection (b)(1) shall be individuals from private civilian life who are recognized experts and have relevant professional experience in matters relating to— (A) emerging biotechnology and associated technologies; (B) use of emerging biotechnology and associated technologies by national policy makers and military leaders; or (C) the implementation, funding, or oversight of the national security policies of the United States. (c) Chair and vice chair (1) Chair The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Chair of the Commission. (2) Vice chair The ranking minority member of the Committee on Armed Services of the Senate and the ranking minority member of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Vice Chair of the Commission. (d) Period of appointment and vacancies Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. (e) Purpose The purpose of the Commission is to examine and make recommendations with respect to emerging biotechnology as it pertains to current and future missions and activities of the Department of Defense. (f) Scope and duties (1) In general The Commission shall carry out a review of advances in emerging biotechnology and associated technologies. In carrying out such review, the Commission shall consider the methods, means, and investments necessary to advance and secure the development of biotechnology, biomanufacturing, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States. (2) Scope of the review In conducting the review described in this subsection, the Commission shall consider the following: (A) The global competitiveness of the United States in biotechnology, biomanufacturing, and associated technologies, including matters related to national security, defense, public-private partnerships, and investments. (B) Means, methods, and investments for the United States to maintain and protect a technological advantage in biotechnology, biomanufacturing, and associated technologies related to national security and defense. (C) Developments and trends in international cooperation and competitiveness, including foreign investments in biotechnology, biomanufacturing, and associated technologies that are scientifically and materially related to national security and defense. (D) Means by which to foster greater emphasis and investments in basic and advanced research to stimulate government, industry, academic and combined initiatives in biotechnology, biomanufacturing, and associated technologies, to the extent that such efforts have application scientifically and materially related to national security and defense. (E) Means by which to foster greater emphasis and investments in advanced development and test and evaluation of biotechnology-enabled capabilities to stimulate the growth of the United States bioeconomy and commercial industry, while also supporting and improving acquisition and adoption of biotechnologies for national security purposes. (F) Workforce and education incentives and programs to attract, recruit, and retain leading talent in fields relevant to the development and sustainment of biotechnology and biomanufacturing, including science, technology, engineering, data science and bioinformatics, and biology and related disciplines. (G) Risks and threats associated with advances in military employment of biotechnology and biomanufacturing. (H) Associated ethical, legal, social, and environmental considerations related to biotechnology, biomanufacturing, and associated technologies as it will be used for future applications related to national security and defense. (I) Means to establish international standards for the tools of biotechnology, biomanufacturing, related cybersecurity, and digital biosecurity. (J) Means to establish data sharing capabilities within and amongst government, industry, and academia to foster collaboration and accelerate innovation, while maintaining privacy and security for data as required for national security and personal protection purposes. (K) Consideration of the transformative potential and rapidly-changing developments of biotechnology and biomanufacturing innovation and appropriate mechanisms for managing such technology related to national security and defense. (L) Any other matters the Commission deems relevant to national security. (g) Commission report and recommendations (1) Final report Not later than 2 years after the Commission establishment date specified in subsection (a)(2), the Commission shall submit to the congressional defense committees and the President a final report on the findings of the Commission and such recommendations that the Commission may have for action by Congress and the Federal Government. (2) Interim report Not later than 1 year after the Commission establishment date specified in subsection (a)(2), the Commission shall submit to the congressional defense committees and the President an interim report on the status of the Commission’s review and assessment, including a discussion of any interim recommendations. (3) Form The report submitted to Congress under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (h) Government cooperation (1) Cooperation In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense and other Federal departments and agencies in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison The Secretary of Defense shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Detailees authorized The Secretary of Defense and the heads of other departments and agencies of the Federal Government may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense and such other departments and agencies, without reimbursement. (4) Facilitation (A) Independent, nongovernment institute Not later than 45 days after the Commission establishment date specified in subsection (a)(2), the Secretary of Defense may make available to the Commission the services of an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. (B) Federally funded research and development center On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. (5) Expedition of security clearances The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances under processes developed for the clearance of legislative branch employees for any personnel appointed to the Commission by their respective offices of the Senate and House of Representatives and any personnel appointed by the Executive Director appointed under subsection (i). (6) Services (A) DOD services The Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other agencies In addition to any support provided under paragraph (1), the heads of other Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support as the heads of such departments and agencies determine advisable and as may be authorized by law. (i) Staff (1) Status as federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, any member of the Commission who is not a Member of Congress shall be considered to be a Federal employee. (2) Executive director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from nonfederal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, members of the Commission shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and House of Representatives. (l) Legislative advisory committee The Commission shall operate as a legislative advisory committee. (m) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (n) Use of government information The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (o) Postal services The Commission may use the United States mail in the same manner and under the same conditions as Federal departments and agencies. (p) Space for use of commission Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (q) Removal of members A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. (r) Termination The Commission shall terminate 18 months after the date on which it submits the final report required by subsection (g). 1092. Quarterly security briefings on Afghanistan (a) In general Not later than January 15, 2022, and every 90 days thereafter through December 31, 2025, the Under Secretary of Defense for Policy, in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense committees an unclassified and classified briefing on the security situation in Afghanistan and ongoing Department of Defense efforts to counter terrorist groups in Afghanistan. (b) Elements Each briefing required by subsection (a) shall include an assessment of each of the following: (1) The security situation in Afghanistan. (2) The disposition of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, including the respective sizes and geographic areas of control of each such group. (3) The international terrorism ambitions and capabilities of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, and the extent to which each such group poses a threat to the United States and its allies. (4) The capability and willingness of the Taliban to counter the Islamic State of Khorasan. (5) The capability and willingness of the Taliban to counter al-Qaeda. (6) The extent to which the Taliban have targeted, and continue to target, Afghan nationals who assisted the United States and coalition forces during the United States military operations in Afghanistan between 2001 and 2021. (7) Basing, overflight, or other cooperative arrangements between the United States and regional partners as part of the over-the-horizon counterterrorism posture for Afghanistan. (8) The capability and effectiveness of the over-the-horizon counterterrorism posture of the United States for Afghanistan. (9) The disposition of United States forces in the area of operations of United States Central Command, including the force posture and associated capabilities to conduct operations in Afghanistan. (10) The activities of regional actors as they relate to promoting stability and countering threats from terrorist groups in Afghanistan, including— (A) military operations conducted by foreign countries in the region as such operations relate to Afghanistan; (B) the capabilities of the militaries of foreign countries to execute operations in Afghanistan; and (C) the relationships between the militaries of foreign countries and the Taliban or foreign terrorist organizations inside Afghanistan. (11) Any other matter the Under Secretary considers appropriate. 1093. Transition of funding for non-conventional assisted recovery capabilities (a) Plan required (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to transition the funding of non-conventional assisted recovery capabilities from the authority provided under section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4578) to the authority provided under section 127f of title 10, United States Code. (2) Elements The plan required by paragraph (1) shall include the following: (A) An identification of the non-conventional assisted recovery capabilities to be transitioned to the authority provided by such section 127f. (B) An identification of any legislative changes to such section 127f necessary to accommodate the transition of capabilities currently funded under such section 943. (C) A description of the manner in which the Secretary plans to ensure appropriate transparency of activities for non-conventional assisted recovery capabilities, and related funding, in the annual report required under subsection (e) of such section 127f. (D) Any other matter the Secretary considers relevant. (b) Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment Section 127f of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Non-Conventional assisted recovery capabilities Funding used to establish, develop, and maintain non-conventional assisted recovery capabilities under this section may only be obligated and expended with the concurrence of the relevant Chief of Mission or Chiefs of Mission.. 1094. Afghanistan War Commission Act of 2021 (a) Short title This section may be cited as the Afghanistan War Commission Act of 2021. (b) Definitions In this section: (1) The term applicable period means the period beginning June 1, 2001, and ending August 30, 2021. (2) The term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Armed Services of the House of Representatives; (F) the Committee on Foreign Affairs of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives. (3) The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (c) Establishment of Commission (1) Establishment There is established in the legislative branch an independent commission to be known as the Afghanistan War Commission (in this section referred to as the Commission ). (2) Membership (A) Composition The Commission shall be composed of 16 members of whom— (i) 1 shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (ii) 1 shall be appointed by the ranking member of the Committee on Armed Services of the Senate; (iii) 1 shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; (iv) 1 shall be appointed by the ranking member of the Committee on Armed Services of the House of Representatives; (v) 1 shall be appointed by the Chairman of the Committee on Foreign Relations of the Senate; (vi) 1 shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate; (vii) 1 shall be appointed by the Chairman of the Committee on Foreign Affairs of the House of Representatives; (viii) 1 shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives; (ix) 1 shall be appointed by the Chairman of the Select Committee on Intelligence of the Senate; (x) 1 shall be appointed by the Vice Chairman of the Select Committee on Intelligence of the Senate. (xi) 1 shall be appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives; (xii) 1 shall be appointed by the ranking member of the Permanent Select Committee on Intelligence of the House of Representatives; (xiii) 1 shall be appointed by the Majority leader of the Senate; (xiv) 1 shall be appointed by the Minority leader of the Senate; (xv) 1 shall be appointed by the Speaker of the House of Representatives; and (xvi) 1 shall be appointed by the Minority Leader of the House of Representatives. (B) Qualifications It is the sense of Congress that each member of the Commission appointed under subparagraph (A) should— (i) have significant professional experience in national security, such as a position in— (I) the Department of Defense; (II) the Department of State; (III) the intelligence community; (IV) the United States Agency for International Development; or (V) an academic or scholarly institution; and (ii) be eligible to receive the appropriate security clearance to effectively execute their duties. (C) Prohibitions A member of the Commission appointed under subparagraph (A) may not— (i) be a current member of Congress; (ii) be a former member of Congress who served in Congress after January 3, 2001; (iii) be a current or former registrant under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ); (iv) have previously investigated Afghanistan policy or the war in Afghanistan through employment in the office of a relevant inspector general; (v) have been the sole owner or had a majority stake in a company that held any United States or coalition defense contract providing goods or services to activities by the United States Government or coalition in Afghanistan during the applicable period; or (vi) have served, with direct involvement in actions by the United States Government in Afghanistan during the time the relevant official served, as— (I) a cabinet secretary or national security adviser to the President; or (II) a four-star flag officer, Under Secretary, or more senior official in the Department of Defense or the Department of State. (D) Date (i) In general The appointments of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act. (ii) Failure to make appointment If an appointment under subparagraph (A) is not made by the appointment date specified in clause (i)— (I) the authority to make such appointment shall expire; and (II) the number of members of the Commission shall be reduced by the number equal to the number of appointments not made. (3) Period of appointment; vacancies (A) In general A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies A vacancy in the Commission— (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment. (4) Meetings (A) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. (B) Frequency The Commission shall meet at the call of the Co-Chairpersons. (C) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (5) Co-Chairpersons Co-Chairpersons of the Commission shall be selected by the Leadership of the Senate and the House of Representatives as follows: (A) 1 Co-Chairperson selected by the Majority Leader of the Senate and the Speaker of the House of Representatives from the members of the Commission appointed by chairpersons of the appropriate congressional committees, the Majority Leader of the Senate, and the Speaker of the House of Representatives; and (B) 1 Co-Chairperson selected by the Minority Leader of the Senate and the Minority Leader of the House of Representatives from the members of the Commission appointed by the ranking members of the appropriate congressional committees, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. (d) Purpose of Commission The purpose of the Commission is— (1) to examine the key strategic, diplomatic, and operational decisions that pertain to the war in Afghanistan during the relevant period, including decisions, assessments, and events that preceded the war in Afghanistan; and (2) to develop a series of lessons learned and recommendations for the way forward that will inform future decisions by Congress and policymakers throughout the United States Government. (e) Duties of Commission (1) Study (A) In general The Commission shall conduct a thorough study of all matters relating to combat operations, reconstruction and security force assistance activities, intelligence activities, and diplomatic activities of the United States pertaining to the Afghanistan during the period beginning June 1, 2001, and ending August 30, 2021. (B) Matters Studied The matters studied by the Commission shall include— (i) for the time period specified under subparagraph (A)— (I) the policy objectives of the United States Government, including— (aa) military objectives; (bb) diplomatic objectives; and (cc) development objectives; (II) significant decisions made by the United States, including the development of options presented to policymakers; (III) the efficacy of efforts by the United States Government in meeting the objectives described in clause (i), including an analysis of— (aa) military efforts; (bb) diplomatic efforts; (cc) development efforts; and (dd) intelligence efforts; and (IV) the efficacy of counterterrorism efforts against al Qaeda, the Islamic State Khorasan Province, and other foreign terrorist organizations in degrading the will and capabilities of such organizations— (aa) to mount external attacks against the United States or its allies and partners; or (bb) to threaten stability in Afghanistan, neighboring countries, and the region; (ii) the efficacy of metrics, measures of effectiveness, and milestones used to assess progress of diplomatic, military, and intelligence efforts; (iii) the efficacy of interagency planning and execution process by the United States Government; (iv) factors that led to the collapse of the Afghan National Defense Security Forces in 2021, including— (I) training and mentoring from the institutional to the tactical levels within the Afghan National Defense Security Forces; (II) assessment methodologies, including any transition from different methodologies and the consistency of implementation and reporting; (III) the determination of how to establish and develop the Afghan National Defense Security Forces, including the Afghan Air Force, and what determined the security cooperation model used to build such force; (IV) reliance on technology and logistics support; (V) corruption; and (VI) reliance on warfighting enablers provided by the United States; (v) the challenges of corruption across the entire spectrum of the Afghan Government and efficacy of counter-corruption efforts to include linkages to diplomatic lines of effort, linkages to foreign and security assistance, and assessment methodologies; (vi) the efficacy of counter-narcotic efforts to include alternative livelihoods, eradication, interdiction, and education efforts; (vii) the role of countries neighboring Afghanistan in contributing to the stability or instability of Afghanistan; (viii) varying diplomatic approaches between Presidential administrations; (ix) the extent to which the intelligence community did or did not fail to provide sufficient warning about the probable outcomes of a withdrawal of coalition military personnel from Afghanistan, including as it relates to— (I) the capability and sustainability of the Afghanistan National Defense Security Forces; (II) the sustainability of the Afghan central government, absent coalition support; (III) the extent of Taliban control over Afghanistan over time with respect to geographic territory, population centers, governance, and influence; and (IV) the likelihood of the Taliban regaining control of Afghanistan at various levels of United States and coalition support, including the withdrawal of most or all United States or coalition support; (x) the extent to which intelligence products related to the state of the conflict in Afghanistan and the effectiveness of the Afghanistan National Defense Security Forces complied with intelligence community-wide analytic tradecraft standards and fully reflected the divergence of analytic views across the intelligence community; (xi) an evaluation of whether any element of the United States Government inappropriately restricted access to data from elements of the intelligence community, Congress, or the Special Inspector General for Afghanistan Reconstruction (SIGAR) or any other oversight body such as other inspectors general or the Government Accountability Office, including through the use of overclassification; and (xii) the extent to which public representations of the situation in Afghanistan before Congress by United States Government officials differed from the most recent formal assessment of the intelligence community at the time those representations were made. (2) Report required (A) In general (i) Annual report (I) In general Not later than 1 year after the date of the initial meeting of the Commission, and annually thereafter, the Commission shall submit to the appropriate congressional committees a report describing the progress of the activities of the Commission as of the date of such report, including any findings, recommendations, or lessons learned endorsed by the Commission. (II) Addenda Any member of the Commission may submit an addendum to a report required under subclause (I) setting forth the separate views of such member with respect to any matter considered by the Commission. (III) Briefing On the date of the submission of each report, the Commission shall brief Congress. (ii) Final report (I) Submission Not later than 3 years after the date of the initial meeting of the Commission, the Commission shall submit to Congress a report that contains a detailed statement of the findings, recommendations, and lessons learned endorsed by the Commission. (II) Addenda Any member of the Commission may submit an addendum to the report required under subclause (I) setting forth the separate views of such member with respect to any matter considered by the Commission. (III) Extension The Commission may submit the report required under subclause (I) at a date that is not more than 1 year later than the date specified in such clause if agreed to by the chairperson and ranking member of each of the appropriate congressional committees. (B) Form The report required by paragraph (1)(B) shall be submitted and publicly released on a Government website in unclassified form but may contain a classified annex. (C) Subsequent reports on declassification (i) In general Not later than 4 years after the date that the report required by subparagraph (A)(ii) is submitted, each relevant agency of jurisdiction shall submit to the committee of jurisdiction a report on the efforts of such agency to declassify such annex. (ii) Contents Each report required by clause (i) shall include— (I) a list of the items in the classified annex that the agency is working to declassify at the time of the report and an estimate of the timeline for declassification of such items; (II) a broad description of items in the annex that the agency is declining to declassify at the time of the report; and (III) any justification for withholding declassification of certain items in the annex and an estimate of the timeline for declassification of such items. (f) Powers of Commission (1) Hearings The Commission may hold such hearings, take such testimony, and receive such evidence as the Commission considers necessary to carry out its purpose and functions under this section. (2) Assistance from Federal agencies (A) Information (i) In general The Commission may secure directly from a Federal department or agency such information as the Commission considers necessary to carry out this section. (ii) Furnishing information Upon receipt of a written request by the Co-Chairpersons of the Commission, the head of the department or agency shall expeditiously furnish the information to the Commission. (B) Space for Commission (i) In general Not later than 30 days after the date of the enactment of this Act, the Architect of the Capitol, in consultation with the Commission, shall identify suitable space to house the operations of the Commission, which shall include— (I) a dedicated sensitive compartmented information facility or access to a sensitive compartmented information facility; and (II) the ability to store classified documents. (ii) Authority to lease If the Architect of the Capitol is not able to identify space in accordance with clause (i) within the 30-day period specified in clause (i), the Commission may lease space to the extent that funds are available for such purpose. (C) Compliance by intelligence community Elements of the intelligence community shall respond to requests submitted pursuant to paragraph (2) in a manner consistent with the protection of intelligence sources and methods. (3) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate. (5) Ethics (A) In general The members and employees of the Commission shall be subject to the ethical rules and guidelines of the Senate. (B) Reporting For purposes of title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), each member and employee of the Commission— (i) shall be deemed to be an officer or employee of the Congress (as defined in section 109(13) of such title); and (ii) shall file any report required to be filed by such member or such employee (including by virtue of the application of subsection (g)(1)) under title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) with the Secretary of the Senate. (g) Commission personnel matters (1) Compensation of members A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff (A) Status as federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (B) Executive director The Co-Chairpersons of the Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (C) Pay The Executive Director, with the approval of the Co-Chairpersons of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (D) Security clearances All staff must have or be eligible to receive the appropriate security clearance to conduct their duties. (4) Detail of government employees A Federal Government employee, with the appropriate security clearance to conduct their duties, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Co-Chairpersons of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (6) Pay The pay of each employee of the Commission and any member of the Commission who receives pay in accordance with paragraph (1) shall be disbursed by the Secretary of the Senate. (h) Termination of Commission The Commission shall terminate 90 days after the date on which the Commission submits the report required under subsection (e)(2)(A)(ii). 1095. Commission on the National Defense Strategy (a) Establishment (1) In general There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the Commission on the National Defense Strategy for the United States (in this subtitle referred to as the Commission ). (2) Date of establishment The date of establishment referred to in paragraph (1) is the date that is not later than 30 days after the date on which the Secretary of Defense provides a national defense strategy as required by section 113(g) of title 10, United States Code. (b) Membership (1) Number and appointment The Commission shall be composed of 8 members from private civilian life who are recognized experts in matters relating to the national security of the United States. The members shall be appointed as follows: (A) The Majority Leader of the Senate shall appoint 1 member. (B) The Minority Leader of the Senate shall appoint 1 member. (C) The Speaker of the House of Representatives shall appoint 1 member. (D) The Minority Leader of the House of Representatives shall appoint 1 member. (E) The Chair of the Committee on Armed Services of the Senate shall appoint 1 member. (F) The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member. (G) The Chair of the Committee on Armed Services of the House of Representatives shall appoint 1 member. (H) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member. (2) Deadline for appointment Members shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2). (3) Effect of lack of appointment by appointment date If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (c) Chair and vice chair (1) Chair The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives, with the concurrence of the Majority Leader of the Senate and the Speaker of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Chair of the Commission. (2) Vice chair The Ranking Member of the Committee on Armed Services of the Senate and the Ranking Member of the Committee on Armed Services of the House of Representatives, with the concurrence of the Minority Leader of the Senate and the Minority Leader of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Vice Chair of the Commission. (d) Period of appointment and vacancies Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made. (e) Purpose The purpose of the Commission is to examine and make recommendations with respect to the national defense strategy for the United States. (f) Scope and duties In order to provide the fullest understanding of the matters required under subsection (e), the Commission shall perform the following duties: (1) National defense strategy review The Commission shall review the most recent national defense strategy of the United States including the assumptions, strategic objectives, priority missions, major investments in defense capabilities, force posture and structure, operational concepts, and strategic and military risks associated with the strategy. (2) Assessment The Commission shall conduct a comprehensive assessment of the strategic environment to include the threats to the national security of the United States, including both traditional and non-traditional threats, the size and shape of the force, the readiness of the force, the posture, structure, and capabilities of the force, allocation of resources, and the strategic and military risks in order to provide recommendations on the national defense strategy for the United States. (g) Commission report and recommendations (1) Report Not later than one year after the Commission establishment date specified under subsection (a)(2), the Commission shall transmit to the President and Congress a report containing the review and assessment conducted under subsection (f), together with any recommendations of the Commission. The report shall include the following elements: (A) An appraisal of the strategic environment, including an examination of the traditional and non-traditional threats to the United States, and the potential for conflicts arising from such threats and security challenges. (B) An evaluation of the strategic objectives of the Department of Defense for near-peer competition in support of the national security interests of the United States. (C) A review of the military missions for which the Department of Defense should prepare, including missions that support the interagency and a whole-of-government strategy. (D) Identification of any gaps or redundancies in the roles and missions assigned to the Armed Forces necessary to carry out military missions identified in subparagraph (C), as well as the roles and capabilities provided by other Federal agencies and by allies and international partners. (E) An assessment of how the national defense strategy leverages other elements of national power across the interagency to counter near-peer competitors. (F) An evaluation of the resources necessary to support the strategy, including budget recommendations. (G) An examination of the Department’s efforts to develop new and innovative operational concepts to enable the United States to more effectively counter near-peer competitors. (H) An analysis of the force planning construct, including— (i) the size and shape of the force; (ii) the posture, structure, and capabilities of the force; (iii) the readiness of the force; (iv) infrastructure and organizational adjustments to the force; (v) modifications to personnel requirements, including professional military education; and (vi) other elements of the defense program necessary to support the strategy. (I) An assessment of the risks associated with the strategy, including the relationships and tradeoffs between missions, risks, and resources. (J) Any other elements the Commission considers appropriate. (2) Interim briefings (A) Not later than 180 days after the Commission establishment date specified in subsection (a)(2), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of its review and assessment to include a discussion of any interim recommendations. (B) At the request of the Chair and Ranking Member of the Committee on Armed Services of the Senate, or the Chair and Ranking Member of the Committee on Armed Services of the House of Representatives, the Commission shall provide the requesting Committee with interim briefings in addition to the briefing required by subparagraph (2)(A). (3) Form The report submitted to Congress under paragraph (1) of this subsection shall be submitted in unclassified form, but may include a classified annex. (h) Government cooperation (1) Cooperation In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison The Secretary shall designate at least 1 officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Detailees authorized The Secretary may provide, and the commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. (4) Facilitation (A) Independent, non-government institute Not later than 45 days after the Commission establishment date specified in subparagraph (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, non-governmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. (B) Federally funded research and development center On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. (5) Expedition of security clearances The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the commission by their respective Senate and House offices under processes developed for the clearance of legislative branch employees. (i) Staff (1) Status as Federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Executive director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the United States Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. (l) Funding Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $5,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended. (m) Legislative advisory committee The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). (n) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (o) Use of government information The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (p) Postal services The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (q) Space for use of commission Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (r) Removal of members A member may be removed from the commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal, voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this section shall not affect the powers of the commission, and shall be filled in the same manner as the original appointment was made. (s) Termination The Commission shall terminate 90 days after the date on which it submits the report required by subsection (g). 1101. Amendment to diversity and inclusion reporting Section 113 of title 10, United States Code, as amended by section 551 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (1) in subsection (c)(2), by inserting of members and civilian employees after inclusion ; (2) in subsection (l)— (A) in paragraph (1)— (i) in subparagraph (A), by striking ; and and inserting a semicolon; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following new subparagraph (B): (B) efforts to reflect, across the civilian workforce of the Department and of each armed force, the diversity of the population of the United States; and ; and (B) in paragraph (2)(B), by inserting and civilian employees of the Department after members of the armed forces ; and (3) in subsection (m)— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph (7): (7) The number of civilian employees of the Department, disaggregated by military department, gender, race, and ethnicity— (A) in each grade of the General Schedule; (B) in each grade of the Senior Executive Service; (C) paid at levels above grade GS-15 of the General Schedule but who are not members of the Senior Executive Service; (D) paid under the Federal Wage System, and (E) paid under alternative pay systems.. 1102. Civilian personnel management Section 129(a) of title 10, United States Code, is amended— (1) in the first sentence, by striking primarily and inserting solely ; and (2) in the second sentence, by striking solely. 1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense Section 1108(b)(1)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended to read as follows: (A) (i) at any defense industrial base facility (as that term is defined in section 2208(u)(3) of title 10, United States Code) that is part of the core logistics capabilities (as described in section 2464(a) of such title); or (ii) at any Major Range and Test Facility Base (as that term is defined in section 196(i) of such title); and. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies Section 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: (8) The Defense Institute of International Legal Studies.. 1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense Section 1597(e) title 10, United States Code, is amended— (1) by striking the subsection heading and inserting Consideration of employee performance in reductions ; and (2) by striking be made primarily on the basis of and inserting , among other factors as determined by the Secretary, account for employee. 1106. Repeal of 2-year probationary period (a) Repeal (1) In general Effective December 31, 2022, section 1599e of title 10, United States Code, is repealed. (2) Application The modification of probationary periods for covered employees (as that term is defined in such section 1599e as in effect on the date immediately preceding the date of enactment of this Act) by operation of the amendment made by paragraph (1) shall only apply to an individual appointed as such an employee on or after the effective date specified in paragraph (1). (b) Technical and conforming amendments (1) Title 10 The table of sections for chapter 81 of title 10, United States Code, is amended by striking the item relating to section 1599e. (2) Title 5 Title 5, United States Code, is amended— (A) in section 3321(c), by striking , or any individual covered by section 1599e of title 10 ; (B) in section 3393(d), by striking the second sentence; (C) in section 7501(1), by striking , except as provided in section 1599e of title 10, ; (D) in section 7511(a)(1)(A)(ii), by striking except as provided in section 1599e of title 10, ; and (E) in section 7541(1)(A), by striking or section 1599e of title 10. 1107. Modification of DARPA personnel management authority to attract science and engineering experts Section 1599h(b) of title 10, United States Code, is amended— (1) in paragraph (2)— (A) by striking subparagraph (A) and inserting the following: (A) in the case of employees appointed pursuant to paragraph (1)(B)— (i) to any of 5 positions designated by the Director of the Defense Advanced Research Projects Agency for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5; and (ii) to any other position designated by the Director for purposes of this clause, at rates not in excess of the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3; ; and (B) in subparagraph (B), by striking and at the end; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by adding at the end the following: (4) during any fiscal year, pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5.. 1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels Section 5542(a)(6)(A) of title 5, United States Code, is amended— (1) by inserting outside the United States after temporary duty ; (2) by striking the nuclear aircraft carrier that is forward deployed in Japan and inserting naval vessels ; (3) by inserting of 1938 after Fair Labor Standards Act ; and (4) by striking the overtime and all that follows through the period at the end and inserting the employee shall be coded and paid overtime as if the employee’s exemption status under that Act is the same as it is at the employee’s permanent duty station.. 1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia (a) In general Section 5519 of title 5, United States Code, is amended by striking or (c). (b) Application The amendment made by subsection (a) shall apply to any amounts credited, by operation of such section 5519, against the pay of an employee or individual described under section 6323(c) of such title on or after the date of enactment of this Act. 1110. Treatment of hours worked under a qualified trade-of-time arrangement Section 5542 of title 5, United States Code, is amended by adding at the end the following: (h) (1) (A) Notwithstanding any other provision of this section or section 5545b, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section, including overtime pay under the Fair Labor Standards Act in accordance with subsection (c). (B) The Director of the Office of Personnel Management— (i) shall identify the situations in which a firefighter shall be deemed to have worked hours actually worked by a substituting firefighter under a qualified trade-of-time arrangement; and (ii) may adopt necessary policies governing the treatment of both a substituting and substituted firefighter under a qualified trade-of-time arrangement, without regard to how those firefighters would otherwise be treated under other provisions of law or regulation. (2) In this subsection— (A) the term firefighter means an employee— (i) the work schedule of whom includes 24-hour duty shifts; and (ii) who— (I) is a firefighter, as defined in section 8331(21) or 8401(14); (II) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would so qualify if such employee had transferred directly to such position after serving as a firefighter within the meaning of such section; (III) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(14)(A) and (B) for at least 3 years; and (IV) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subclause (I), (II), or (III) if the employee were subject to subchapter III of chapter 83 or chapter 84; and (B) the term qualified trade-of-time arrangement means an arrangement under which 2 firefighters who are subject to the supervision of the same fire chief agree, solely at their option and with the approval of the employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity.. 1111. Parental bereavement leave (a) In general Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329d. Parental bereavement leave (a) Definitions In this section— (1) the terms employee and son or daughter have the meanings given those terms in section 6381; and (2) the term paid leave means, with respect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is otherwise entitled under law; or (C) credit for time or service. (b) Bereavement leave (1) In general Subject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee. (2) Limitation Leave under paragraph (1) may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. (3) Notice In any case in which the necessity for leave under this subsection is foreseeable, the employee shall provide the employing agency with such notice as is reasonable and practicable.. (b) Technical and conforming amendment The table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329d. Parental bereavement leave.. 6329d. Parental bereavement leave (a) Definitions In this section— (1) the terms employee and son or daughter have the meanings given those terms in section 6381; and (2) the term paid leave means, with respect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is otherwise entitled under law; or (C) credit for time or service. (b) Bereavement leave (1) In general Subject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee. (2) Limitation Leave under paragraph (1) may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. (3) Notice In any case in which the necessity for leave under this subsection is foreseeable, the employee shall provide the employing agency with such notice as is reasonable and practicable. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4615), as most recently amended by section 1105 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking through 2021 and inserting through 2022. 1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel Section 1132 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.) is amended— (1) in subsection (a), by striking through 2021 and inserting through 2026 ; (2) by redesignating subsection (f) as subsection (h); and (3) by inserting after subsection (e) the following: (f) Data collection requirement The Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of— (1) developing and sharing best practices; and (2) providing information to the leadership of the Department and Congress on the implementation of the pilot program and related policy issues. (g) Briefing Not later than 90 days after the end of each of fiscal years 2022 through 2026, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate including— (1) a description of the effect of this section on the management of civilian personnel at domestic defense industrial base facilities and Major Range and Test Facilities Base during the most recently ended fiscal year; and (2) the number of employees— (A) hired under such section during such fiscal year; and (B) expected to be hired under such section during the fiscal year in which the briefing is provided.. 1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 ( Public Law 109–234 ; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4616) and as most recently amended by section 1106 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking 2022 and inserting 2023. 1115. Assessment of Accelerated Promotion Program suspension (a) In general Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall conduct an assessment of the impacts resulting from the Navy’s suspension in 2016 of the Accelerated Promotion Program (in this section referred to as the APP ). The Inspector General may consult with the Secretary of the Navy in carrying out such assessment, but the Navy may not play any other role in such assessment. (b) Elements The assessment required under subsection (a) shall include the following elements: (1) An identification of the employees who were hired at the four public shipyards between January 23, 2016, and December 22, 2016, covering the period in which APP was suspended, and who would have otherwise been eligible for APP had the program been in effect at the time they were hired. (2) An assessment for each employee identified in paragraph (1) to determine the difference between wages earned from the date of hire to the date on which the wage data would be collected and the wages which would have been earned during this same period should that employee have participated in APP from the date of hire and been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension. (3) An assessment for each employee identified in paragraph (1) to determine at what grade and step each effected employee would be at on October 1, 2020, had that employee been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension. (4) An evaluation of existing authorities available to the Secretary to determine whether the Secretary can take measures using those authorities to provide the pay difference and corresponding interest, at a rate of the federal short–term interest rate plus 3 percent, to each effected employee identified in paragraph (2) and directly promote the employee to the grade and step identified in paragraph (3). (c) Report The Inspector General of the Department of Defense shall submit, to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of the evaluation by not later than 270 days after the date of enactment of this Act, and shall provide interim briefings upon request. 1116. Increase in allowance based on duty at remote worksites (a) Assessment and rate Not later than March 31, 2022, the Director of the Office of Personnel Management shall complete an assessment of the remote site pay allowance under section 5942 of title 5, United States Code, and propose a new rate of such allowance, adjusted for inflation, and submit such assessment and rate to the President and to Congress. (b) Application Beginning on the first day of the first pay period beginning after the date the Director submits the assessment and rate under subsection (a), such rate shall, notwithstanding subsection (a) of such section 5942, be the rate of such allowance. 1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees (a) In general Except as provided in subsection (b), in addition to the prohibition set forth in section 208 of title 18, United States Code, an officer or employee of the Department of Defense may not knowingly participate personally and substantially in any particular matter involving specific parties where any of the following organizations is a party or represents a party to the matter: (1) Any organization, including a trade organization, for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 2 years. (2) Any organization with which the officer or employee is seeking employment. (b) Authorization An agency designee may authorize the officer or employee to participate in a matter described in paragraph (a) based on a determination, made in light of all relevant circumstances, that the interest of the Government in the officer or employee's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs and operations. (c) Construction Nothing in this section shall be construed to terminate, alter, or make inapplicable any other prohibition or limitation in law or regulation on the participation of officers or employees of the Department of Defense in particular matters having an effect on their or related financial or other personal interests. 1118. Occupational series for digital career fields Not later than 270 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall, pursuant to chapter 51 of title 5, United States Code, establish or update one or more occupational series covering Federal Government positions in the fields of software development, software engineering, data science, and data management. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel (a) In general Subchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section: 334. Administrative support and payment of certain expenses for covered foreign defense personnel (a) In general The Secretary of Defense may— (1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and (2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are— (A) from a developing country; and (B) assigned to the headquarters of the United Nations Command. (b) Types of expenses The types of expenses that may be paid under the authority of subsection (a)(2) are the following: (1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel. (2) Personal expenses directly related to carrying out such duties. (3) Expenses for medical care at a military medical facility. (4) Expenses for medical care at a civilian medical facility, if— (A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility; (B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and (C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement. (5) Mission-related travel expenses, if— (A) such travel is in direct support of the national interests of the United States; and (B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations. (c) Reimbursement The Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement. (d) Definitions In this section: (1) The term administrative services and support means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services. (2) The term covered foreign defense personnel means members of the military of a foreign country who are assigned to— (A) the United Nations Command; or (B) the Neutral Nations Supervisory Commission. (3) The term developing country has the meaning given the term in section 301(4) of this title. (4) The term Neutral Nations Supervisory Commission means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements. (5) The term United Nations Command means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard.. (b) Conforming amendment The table of sections at the beginning of subchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new item: 334. Administrative support and payment of certain expenses for covered foreign defense personnel.. 334. Administrative support and payment of certain expenses for covered foreign defense personnel (a) In general The Secretary of Defense may— (1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and (2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are— (A) from a developing country; and (B) assigned to the headquarters of the United Nations Command. (b) Types of expenses The types of expenses that may be paid under the authority of subsection (a)(2) are the following: (1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel. (2) Personal expenses directly related to carrying out such duties. (3) Expenses for medical care at a military medical facility. (4) Expenses for medical care at a civilian medical facility, if— (A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility; (B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and (C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement. (5) Mission-related travel expenses, if— (A) such travel is in direct support of the national interests of the United States; and (B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations. (c) Reimbursement The Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement. (d) Definitions In this section: (1) The term administrative services and support means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services. (2) The term covered foreign defense personnel means members of the military of a foreign country who are assigned to— (A) the United Nations Command; or (B) the Neutral Nations Supervisory Commission. (3) The term developing country has the meaning given the term in section 301(4) of this title. (4) The term Neutral Nations Supervisory Commission means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements. (5) The term United Nations Command means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard. 1202. Authority for certain reimbursable interchange of supplies and services Section 2571 of title 10, United States Code, is amended— (1) by amending subsection (b) to read as follows: (b) (1) If its head approves, a department or organization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those departments or organizations, with or without reimbursement or transfer of funds. (2) Use of the authority under this section for reimbursable support is limited to support for the purpose of providing assistance to a foreign partner pursuant to section 333 and section 345 of this title. ; and (2) by adding at the end the following new subsection: (e) (1) An order placed by a department or organization on a reimbursable basis pursuant to subsection (b) shall be considered to be an obligation in the same manner as an order placed under section 6307 of title 41. (2) Amounts received as reimbursement shall be credited in accordance with section 2205 of this title to the appropriation of the supporting department or organization used in incurring the obligation in the year or years that support is provided.. 1203. Extension of support of special operations for irregular warfare Section 1202(a) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1639) is amended by striking 2023 and inserting 2025. 1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces Section 1205(f) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ) is amended— (1) in paragraph (1)— (A) by striking and 2020 and inserting , 2020, and 2022 ; and (B) by striking section 2282 of title 10, United States Code (as so added) and inserting subsections (a)(1) and (e)(7)(B) of section 333 of title 10, United States Code ; and (2) in paragraph (2)— (A) by redesignating subparagraph (E) as subparagraph (H); and (B) by inserting after subparagraph (D) the following: (E) An evaluation of coordination by the Department of Defense with foreign countries under the program or programs, as applicable. (F) A description and evaluation of the methodology used by the Department of Defense to evaluate the effectiveness of training under the program or programs. (G) An analysis of the methodology used by the Department of Defense to evaluate the effectiveness of the program or programs to develop the institutional capacity of the foreign countries.. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security (a) Authority For fiscal year 2022, the Secretary of Defense is authorized to pay for the travel, subsistence, and similar personnel expenses of the national security forces of a friendly foreign country to participate in the training program of the United States-Colombia Action Plan for Regional Security conducted at a facility in Colombia. (b) Notification Not later than 15 days before the exercise of the authority under subsection (a), the Secretary shall provide to the congressional defense committees a written notification that includes the following: (1) An identification of the foreign country, and the specific unit of the national security forces of such country, the capacity of which will be built by participating in such training program. (2) The amount of support to be provided under that subsection. (3) An identification of the United States equipment purchased or acquired by such foreign country, for the use of which training is being provided under such training program. (4) A description of the specific capabilities to be built through such training program with such support. (5) A detailed description of the manner in which building the capabilities of such country through such training program advances the national security interests of the United States. (6) A detailed assessment of the effectiveness of such training program in meeting Department of Defense requirements for building the capacity of such country. (c) Source of funds Of the amounts authorized to be appropriated for fiscal year 2022 for the Department of Defense for operation and maintenance, Defense-wide, the Secretary may obligate or expend not more than $2,000,000 to pay for expenses described in subsection (a) for such fiscal year. (d) Limitation The provision of support under subsection (a) shall be subject to section 362 of title 10, United States Code. 1206. Security cooperation strategy for certain combatant commands (a) In general The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a security cooperation strategy for each covered combatant command, which shall apply to the security cooperation programs and activities of the Department of Defense (as defined in section 301 of title 10, United States Code). (b) Elements The strategy for each covered combatant command required by subsection (a) shall include the following: (1) A discussion of how the strategy will— (A) support and advance United States national security interests in strategic competition with near-peer rivals; (B) prioritize and build key capabilities of allied and partner security forces so as to enhance bilateral and multilateral interoperability and responsiveness; (C) prioritize and build the capabilities of foreign partner security forces to secure their own territory, including through operations against violent extremist groups; (D) promote and build institutional capabilities for observance of, and respect for— (i) the law of armed conflict; (ii) human rights and fundamental freedoms; (iii) the rule of law; and (iv) civilian control of the military; and (E) support the programs and activities of law enforcement and civilian agencies, as appropriate, to counter the threat of and reduce risks from illicit drug trafficking and other forms of transnational organized crime. (2) A statement of the security cooperation strategic objectives for— (A) the covered combatant command; and (B) the covered combatant command in conjunction with other covered combatant commands. (3) A description of the primary security cooperation lines of effort for achieving such strategic objectives, including prioritization of foreign partners within the covered combatant command. (4) A description of the Department of Defense authorities to be used for each such line of effort and the manner in which such authorities will contribute to achieving such strategic objectives. (5) A description of the institutional capacity-building programs and activities within the covered combatant command and an assessment of the manner in which such programs and activities contribute to achieving such strategic objectives. (6) A description of Department of Defense educational programs and institutions, and international institutions, relevant to the combatant command and an assessment of the manner in which such programs and institutions contribute to achieving such strategic objectives. (7) A discussion of the manner in which the development, planning, and implementation of programs or activities under Department of Defense security cooperation authorities are coordinated and deconflicted with security assistance and other assistance authorities of the Department of State and other civilian agencies. (c) Reports (1) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the security cooperation strategy for each covered combatant command developed under subsection (a). (2) Subsequent reports Beginning in fiscal year 2023, and annually thereafter through fiscal year 2027, concurrently with the submittal of the report required by section 386(a) of title 10, United States Code, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the implementation of the security cooperation strategy for each covered combatant command developed under subsection (a). (d) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Covered combatant command The term covered combatant command means— (A) the United States European Command; (B) the United States Indo-Pacific Command; (C) the United States Central Command; (D) the United States Africa Command; (E) the United States Southern Command; and (F) the United States Northern Command. 1207. Report on security cooperation programs (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report that— (1) reviews the existing requirements for conducting human rights training of foreign national security forces pursuant to security cooperation authorities under chapter 16 of title 10, United States Code; (2) reviews current Department of Defense practices and procedures for collecting data under such authorities for purposes of assessing, monitoring, and evaluating the effectiveness of such human rights training programs and assessing compliance with section 362 of title 10, United States Code; and (3) evaluates the effectiveness of human rights training described in paragraph (1) to contribute to United States national security objectives. (b) Matters to be included The report required by subsection (a) may include recommendations for measures to improve the effectiveness of human rights training or to promote observation of and respect for human rights and fundamental freedoms, the rule of law, and civilian control of the military. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan It is the sense of Congress that— (1) the servicemembers of the United States Armed Forces who served in Afghanistan represent the very best of the United States; (2) the service of those who returned home from war with wounds seen and unseen and those who died in defense of the Nation are not forgotten; (3) the United States honors these brave members of the Armed Forces and their families; and (4) the United States shall never forget the services they rendered and the sacrifices they and their families made in the defense of a grateful Nation. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 393) is amended— (1) in subsection (a), by striking for the period beginning on October 1, 2020, and ending on December 31, 2021 and inserting for the period beginning on October 1, 2021, and ending on December 31, 2022 ; and (2) in subsection (d)— (A) by striking during the period beginning on October 1, 2020, and ending on December 31, 2021 and inserting during the period beginning on October 1, 2021, and ending on December 31, 2022 ; and (B) by striking $180,000,000 and inserting $60,000,000. 1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban (a) Prohibition None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available— (1) to provide any funds or resources to the Taliban; or (2) to conduct any military cooperation or sharing of military intelligence with the Taliban, unless the Secretary of Defense determines that such cooperation or sharing advances the national security interests of the United States. (b) Notification –— (1) Submission required If the Secretary makes an affirmative determination described in subsection (1)(a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written description of the military cooperation or military intelligence that was shared with the Taliban pursuant to such determination, not later than 5 days after the date of such cooperation or sharing. The Secretary shall include with such description any other matter the Secretary determines relevant. (2) Form The information described in paragraph (1) shall be submitted in an unclassified format and may include a classified annex. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available for the operation of any aircraft of the Department of Defense to transport currency or other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any subsidiary, agent, or instrumentality of either the Taliban or the Islamic Emirate of Afghanistan. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2022 may be used to remove from the website of the Department of Defense or any other agency publicly available accountings of military assistance provided to the Afghan security forces that was publicly available online as of July 1, 2021. 1216. Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to appropriate congressional committees a joint report on the use of the Department of Defense Synchronized Predeployment and Operational Tracker database (in this section referred to as the SPOT database ) to verify the existence, for the purpose of determining eligibility for special immigrant visa (SIV) program, of— (1) Department of Defense contracts; (2) employment of Afghans who worked for the United States Government; and (3) biographic data. (b) Elements of joint report The joint report required under subsection (a) shall— (1) evaluate the improvements in the SIV process following the use of the SPOT database to verify SIV applications, including the extent to which use of SPOT expedited SIV processing, reduced the risk of fraudulent documents, and the extent to which the SPOT database could be used for future SIV programs; (2) identify obstacles that persisted in documenting the identity and employment of locally employed staff and contractors after the use of the SPOT database in the SIV process; and (3) recommend the changes to the SPOT database that would be necessary to make it a centralized interagency database of personnel and employment data that can be used to adjudicate SIV eligibility for those employed under United States Government contracts, grants, or cooperative agreements. (c) Consultation For the purposes of preparing the joint report required under this section, the Secretary of Defense and the Secretary of State shall consult with the Administrator of the United States Agency for International Development and the Secretary of Homeland Security. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Commander of United States Central Command, shall submit to the congressional defense committees a report regarding the covered United States equipment, property, and classified material and money in cash that was destroyed or abandoned in Afghanistan or removed from Afghanistan during the covered period. Such report shall include each of the following: (1) A determination of the value of the covered United States equipment, property, and classified material that was destroyed or abandoned, disaggregated by military department and itemized to the most specific feasible level. (2) An itemized list of destroyed or abandoned aircraft in Afghanistan and the location and condition of aircraft flown out of Afghanistan formerly possessed by the Afghan Air Force or the former government of Afghanistan. (3) An itemized list of destroyed or abandoned weapons, weapon systems, components of weapons or weapon systems, ammunition, explosives, missiles, ordnance, bombs, mines, or projectiles, disaggregated by military department. (4) For each item on a list referred to in paragraphs (2) and (3), an explanation of the legal authority relied upon to destroy or abandon that specific item. (5) An evaluation of the capabilities of the Taliban post-withdrawal as a result of their seizure of abandoned covered United States equipment, property, and classified material, including an evaluation of the capabilities of the Taliban post-withdrawal to monetize through the transfer of abandoned covered United States equipment, property, and classified material to adversaries of the United States. (6) An assessment of aircraft flown out of Afghanistan formerly possessed by the Afghan Air Force or the former government of Afghanistan that could be returned to the Taliban or to the Islamic Emirate of Afghanistan by other countries. (7) An assessment of the damage to the national security interests of the United States as a result of the destroyed or abandoned covered United States equipment, property, and classified material. (8) An assessment of the feasibility of disabling, destroying, recovering, or recapturing abandoned covered United States equipment, property, and classified material in and outside of Afghanistan and any plans to do so. (9) Available imagery or photography depicting the Taliban or other countries possessing abandoned covered United States equipment, property, and classified material. (b) Executive summary of report The report required under subsection (a) shall include an executive summary of the report, which shall be unclassified and made publicly available. (c) Briefing Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, the Secretaries of the military departments, and the Commander of United States Central Command shall provide to the congressional defense committees a briefing on the report required by this section. (d) Definitions In this section: (1) Covered United States equipment, property, and classified material The term covered United States equipment, property, and classified material means any of the following items formerly owned by the Government of the United States or provided by the United States to the former government or military of Afghanistan during the covered period: (A) Real property, including any lands, buildings, structures, utilities systems, improvements, and appurtenances, thereto, including equipment attached to and made part of buildings and structures, but not movable equipment. (B) Personal property, including property of any kind or any interest therein, except real property. (C) Equipment, including all nonexpendable items needed to outfit or equip an individual or organization. (D) Classified information, in any form, including official information that has been determined to require, in the interests of national security, protection against unauthorized disclosure and which has been so designated. (2) Covered period The term covered period means the period beginning on February 29, 2020, and ending on the date of the enactment of this Act. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals (a) Extension Subsection (a) of section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 127 Stat. 3451) is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Notice before provision of assistance Subsection (b)(2) of such section is amended by striking subparagraph (A) and inserting the following: (A) not later than 15 days before the expenditure of each 25 percent of the total amount authorized to be appropriated in any fiscal year under this section; or. (c) Waiver authority Subsection (l) of such section is amended by adding at the end the following: (3) Waiver authority (A) In general The President may waive the limitation under paragraph (1)(A) on a per project basis for the purposes of providing support authorized under subsection (a)(4) if the President— (i) determines that the waiver is in the national security interest of the United States; and (ii) submits to the appropriate congressional committees a notification of the exercise of the waiver. (B) Notice and wait (i) In general A project with respect to which the exercise of a waiver under subparagraph (A) applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by subparagraph (A)(ii). (ii) Matters to be included The notification required by subparagraph (A)(ii) shall include the following: (I) A detailed plan and cost estimate for the project. (II) A certification by the President that facilities and activities relating to the project comply with— (aa) the law of armed conflict; (bb) internationally recognized human rights; (cc) the principle of non-refoulement; (dd) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and (ee) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). (III) An explanation of the national security interest addressed by the project. (iii) Appropriate congressional committees defined In this subparagraph, the term appropriate congressional committees means— (I) the congressional defense committees; and (II) the Committee on Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (C) Update to plan and cost estimate Upon obligation of any funds to carry out a project with respect to which the exercise of a waiver under subparagraph (A) applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by subparagraph (B)(ii)(I). (D) Sunset The waiver authority under this paragraph shall expire on December 31, 2022.. (d) Technical amendment The table of contents for the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 127 Stat. 3293) is amended by striking the item relating to section 1209 and inserting the following: Sec. 1209. Authority to provide assistance to vetted Syrian groups and individuals.. 1222. Defense and diplomatic strategy for Syria (a) Report required Not later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State and in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report that contains a description of the United States defense and diplomatic strategy for Syria. (b) Elements The report required by subsection (a) shall include the following elements: (1) A United States diplomatic strategy for Syria, including a description of the desired diplomatic objectives for advancing United States national interests in Syria, desired end-goals, and a description of the intended diplomatic and related foreign policy means to achieve such objectives, including engagement with key foreign actors operating in Syria such as Russia and Turkey. (2) A United States defense strategy for Syria, including a description of the security objectives the United States aims to achieve, including the objectives and desired end-state for the United States military presence in northeast Syria, envisioned transition timeline for security responsibilities to the Syrian Democratic Forces (SDF), and status of remaining ISIS elements, strategy to mitigate Turkish-SDF tensions, and a long-term approach to managing the threat of Iranian-aligned militias and forces operating in Syria to United States partners and interests. (3) A description of United States strategy and objectives for United States military support to and coordination with the Jaysh Maghawir al-Thawra (“MaT”) including transition plan and operational needs in and around Al-Tanf. (4) A plan for enduring security of ISIS detainees currently held in SDF secured facilities (including so-called “third country fighters” as well as Iraqi and Syrian national ISIS detainees) accounting for security of personnel and facilities involved. (5) A diplomatic strategy for securing the repatriation of remaining ISIS “third country fighters” to countries of origin, including a comprehensive breakdown of each country of origin and number of detainees yet to be repatriated. (6) A plan for the resettlement and disposition of ISIS connected women and children in remaining detention facilities, including roles and responsibilities of counter-ISIS coalition partners. (7) A detailed assessment of the security and humanitarian situation at the internally displaced persons camp at Rukban, including an overview of international efforts to reduce the camp’s population and United States policy options to ameliorate the situation. (8) A plan for diplomatic and humanitarian engagement with regional partners and multilateral institutions to ensure successful and safe delivery of continued humanitarian assistance to non-regime held areas of Syria. (9) An assessment of United States efforts to prevent normalization and rehabilitation of the Assad regime, to include addressing recent outreach to the Assad regime by United States partners. (10) An assessment of United States diplomatic efforts to prevent Syria’s re-entry into the Arab League. (11) An assessment of progress towards meeting the criteria specified in paragraphs (1) through (7) of section 7431(a) of the Caesar Syria Civilian Protection Act of 2019 ( Public Law 116–92 ; 133 Stat. 2297), required for suspension of sanctions against the Assad regime. (12) An assessment of United States efforts to seek accountability for the Assad regime’s crimes against the Syrian people, to include unlawful detention, forced disappearance, torture, starvation, and the use of chemical weapons. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria (a) In general Subsection (a) of section 1236 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3558) is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Funding Subsection (g) of such section is amended— (1) by striking fiscal year 2021 and inserting fiscal year 2022 ; and (2) by striking $322,500,000 and inserting $345,000,000. (c) Assessment and authority To assist directly certain covered groups Subsection (l)(1)(B) of such section is amended— (1) by striking clause (ii); (2) (A) by redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (B) by redesignating clause (vii) as clause (xi); (3) in clause (iv), as redesignated, by striking , and once established, the Iraqi Sunni National Guard ; and (4) by inserting after clause (v), as redesignated, the following: (vi) Whether the Shia militias are gaining new malign capabilities or improving such capabilities, and whether the Government of Iraq is acting to counter or suppress those capabilities. (vii) Whether the Government of Iraq is acting to ensure the safety of United States Government personnel and citizens, as well as the safety of United States facilities. (viii) Whether the Government of Iraq is ensuring the safe and voluntary return of ethno-religious minority populations to their home communities in the Nineveh Plains region of Iraq. (ix) Whether the Government of Iraq has provided support and funding to institutionalize and make permanent local, representative, and regionally-based security forces. (x) An assessment of the impact of the Iraq and Syria Genocide Relief and Accountability Act of 2018 ( Public Law 115–300 ) on return rates of vulnerable, indigenous, ethno-religious groups, including Assyrians and Yazidis, in those areas of the Nineveh Plains region of Iraq in which assistance has been provided pursuant to subsection (a).. (d) Waiver authority Such section, as so amended, is further amended by adding at the end the following: (o) Waiver authority (1) In general The President may waive the dollar amount limitation in subsection (a) with respect to a construction, repair, or renovation project for the purposes of providing the support described in paragraph (2) if the President— (A) determines that the waiver is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a notification of the exercise of the waiver. (2) Support described The support described in this paragraph is support relating to temporary humane detention of Islamic State of Iraq and Syria foreign terrorist fighters in accordance with all laws and obligations relating to the provision of such support, including, as applicable— (A) the law of armed conflict; (B) internationally recognized human rights; (C) the principle of non-refoulement; (D) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and (E) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). (3) Notice and wait (A) In general A project with respect to which the exercise of a waiver under paragraph (1) applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by paragraph (1)(B). (B) Matters to be included The notification required by paragraph (1)(B) shall include the following: (i) A detailed plan and cost estimate for the project. (ii) A certification by the President that facilities and activities relating to the project comply with the laws and obligations described in paragraph (2). (iii) An explanation of the national security interest addressed by the project. (C) Appropriate congressional committees defined In this paragraph, the term appropriate congressional committees means— (i) the congressional defense committees; and (ii) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (4) Update to plan and cost estimate Upon obligation of any funds to carry out a project with respect to which the exercise of a waiver under paragraph (1) applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by paragraph (3)(B)(i). (5) Sunset The waiver authority under this subsection shall expire on December 31, 2022.. (e) Restriction on Counter-ISIS Train and Equip Fund Amounts authorized to be appropriated by this Act or the amendments made by this Act or otherwise made available for any fiscal year to the Counter-Islamic State of Iraq and Syria Train and Equip Fund are authorized to be made available only in support of partner forces eligible to receive assistance under section 1209(a) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3541) or subsection (a) of section 1236 of such Act, as amended by subsection (a) of this section. (f) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, shall submit to appropriate congressional committees a report that contains the following: (A) A comprehensive strategy and plan to train and build lasting and sustainable military capabilities of the Iraqi security forces, including the Kurdish Peshmerga, using existing authorities, which may include a memorandum of understanding with the Ministry of Peshmerga Affairs in coordination with the Government of Iraq. (B) A plan to engage the Government of Iraq and the Kurdistan Regional Government in security sector reform and strengthen and sustainably build the capacity of Iraq’s national defense and security institutions, including the Kurdish Peshmerga. (C) A description of the current status, capabilities, and operational capacity of remaining Islamic State of Iraq and Syria elements active in Iraq and Syria. (2) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees means— (A) the congressional defense committees; and (B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq (a) Limitation on amount Subsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 113 note) is amended by striking fiscal year 2021 and inserting fiscal year 2022. (b) Source of funds Subsection (d) of such section is amended by striking fiscal year 2021 and inserting fiscal year 2022. (c) Limitation on availability of funds Subsection (h) of such section is amended to read as follows: (h) Limitation on availability of funds Of the amount authorized to be appropriated by this Act for fiscal year 2022 to carry out this section, not more than $10,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report that— (1) details further steps to reorganize the Office in a manner similar to that of other security cooperation offices in the region and indicates whether such reorganization will be achieved by 2023; (2) describes progress made toward the continuation of bilateral engagement with the Government of Iraq, with the objective of establishing a joint mechanism for security assistance planning; (3) includes a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform; and (4) describes progress made toward, and a timeline for, the transition of the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years.. 1225. Prohibition on transfers to Badr Organization None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available, directly or indirectly, to the Badr Organization. 1226. Prohibition on transfers to Iran None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available to transfer or facilitate a transfer of pallets of currency, currency, or other items of value to the Government of Iran, any subsidiary of such Government, or any agent or instrumentality of Iran. 1227. Report on the military capabilities of Iran and related activities (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report that includes the following: (1) A detailed description of each of the following: (A) Advancements in the military capabilities of Iran, including capabilities of the Islamic Revolutionary Guard Corps, the Quds Force, the Artesh, and the Basij. (B) All known instances of the supply, sale, or transfer of arms or related materiel, including spare parts, to or from Iran. (C) All known instances of missile launches by Iran, including for the purposes of testing and development or use in military operations. (D) Changes to the military capabilities of Iran-backed groups, most notably Lebanese Hezbollah, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the Houthis). (2) An assessment of each of the following: (A) Impacts that the imposition or revocation of unilateral United States economic sanctions on Iran may have on the military capabilities of entities described in subparagraphs (A) and (D) of paragraph (1). (B) Acts of violence and intimidation that Iranian-backed militias in Iraq have committed against Iraqi civilians. (C) The threat that Iranian-backed militias in Iraq pose to United States personnel in Iraq and in the Middle East, including United States Armed Forces and diplomats. (D) The threat Iranian-backed militias in Iraq pose to United States partners in the region. (E) The role that Iranian-backed militias in Iraq, including the Badr Organization, play in Iraq’s armed forces and security services, including Iraq’s Popular Mobilization Forces. (F) The United Nations arms embargo on Iran’s ability to supply, sell, or transfer, directly or indirectly, arms or related materiel while the embargo was in effect. (G) Iran’s use of kidnapping operations against United States citizens and an analysis of opportunities to counter such actions or impose costs on Iran. (b) Time period Except as otherwise provided, the report required by subsection (a) shall cover developments during the period beginning in June 2018 and ending on the day before the date on which the report is submitted. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. 1228. Sense of Congress on enrichment of uranium by Iran It is the sense of Congress that— (1) the Government of Iran’s decision to enrich uranium up to 60 percent purity is a further escalation and shortens the breakout time to produce enough highly enriched uranium to develop a nuclear weapon; and (2) the Government of Iran should immediately abandon any pursuit of a nuclear weapon. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) is amended by striking 2020, or 2021 and inserting 2020, 2021, or 2022. 1232. Extension of Ukraine Security Assistance Initiative Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1068) is amended as follows: (1) In subsection (c)— (A) in paragraph (1), by striking funds available for fiscal year 2021 pursuant to subsection (f)(6) and inserting funds available for fiscal year 2022 pursuant to subsection (f)(7) ; (B) in paragraph (3), by striking fiscal year 2021 and inserting fiscal year 2022 ; and (C) in paragraph (5), by striking Of the funds available for fiscal year 2021 pursuant to subsection (f)(6) and inserting Of the funds available for fiscal year 2022 pursuant to subsection (f)(7). (2) In subsection (f), by adding at the end the following: (7) For fiscal year 2022, $300,000,000.. (3) In subsection (h), by striking December 31, 2023 and inserting December 31, 2024. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises Subsection (h) of section 1251 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended— (1) in the first sentence, by striking December 31, 2023 and inserting December 31, 2024 ; and (2) in the second sentence, by striking the period beginning on October 1, 2015, and ending on December 31, 2023 and inserting the period beginning on October 1, 2015, and ending on December 31, 2024.. 1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea (a) Prohibition None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea. (b) Waiver The Secretary of Defense, with the concurrence of the Secretary of State, may waive the prohibition under subsection (a) if the Secretary of Defense— (1) determines that a waiver is in the national security interest of the United States; and (2) on the date on which the waiver is invoked, submits a notification of the waiver and a justification of the reason for seeking the waiver to— (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member (a) Report required Not later than 180 days after the date of the enactment of this Act and biennially thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of any other appropriate departments or agencies, shall jointly submit to the appropriate congressional committees a report on Russian influence operations and campaigns that target United States military alliances and partnerships. (b) Elements The report required under subsection (a) shall include each of the following: (1) An assessment of Russia’s objectives for influence operations and campaigns targeting United States military alliances and partnerships, including the North Atlantic Treaty Organization, its allies, and partner countries, and how such operations and campaigns relate to Russia’s broader strategic aims. (2) The activities and roles of the Department of Defense and Department of State in the United States Government strategy to counter such Russian influence operations and campaigns. (3) A comprehensive list of specific Russian state and non-state entities, or those of any other country with which Russia may cooperate, involved in supporting such Russian influence operations and campaigns and the role of each such entity in such support. (4) An identification of the tactics, techniques, and procedures used in previous Russian influence operations and campaigns. (5) An assessment of the impact of previous Russian influence operations and campaigns targeting United States military alliances and partnerships, including the views of senior Russian officials about the effectiveness of such operations and campaigns in achieving Russian objectives. (6) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that has been targeted by Russian influence operations and campaigns. (7) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that may be targeted in future Russian influence operations and campaigns, and an assessment of the likelihood that each such ally, partner, or alliance will be targeted. (8) An assessment of the capacity and efforts of each United States ally and partner, and each military alliance of which the United States is a member, to counter Russian influence operations and campaigns. (9) An identification of tactics, techniques, and procedures likely to be used in future Russian influence operations and campaigns targeting United States military alliances and partnerships. (10) Recommended authorities or activities for the Department of Defense and Department of State in the United States Government strategy to counter such Russian influence operations and campaigns. (11) Any other matters the Secretaries determine appropriate. (c) Form The report required under subsection (a) shall be submitted in unclassified form and in a manner appropriate for release to the public, but may include a classified annex. (d) Definitions In this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative (a) Assistance and training Subsection (a)(1) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended, in the matter preceding subparagraph (A), by striking for the purpose of and all that follows through Indian Ocean and inserting with the primary goal of increasing multilateral maritime security cooperation and maritime domain awareness of foreign countries in the area of responsibility of the United States Indo-Pacific Command. (b) Recipient countries Subsection (b) of such section is amended to read as follows: (b) Recipient countries The foreign countries that may be provided assistance and training under subsection (a) are the countries located within the area of responsibility of the United States Indo-Pacific Command.. (c) Types of assistance and training Subsection (c)(1) of such section is amended by striking small-scale military construction and inserting small-scale construction (as defined in section 301 of title 10, United States Code). (d) Priorities for assistance and training Subsection (d) of such section is amended to read as follows: (d) Priorities for assistance and training In developing programs for assistance or training to be provided under subsection (a), the Secretary of Defense shall prioritize assistance, training, or both, to enhance— (1) multilateral cooperation and coordination among recipient countries; or (2) the capabilities of a recipient country to more effectively participate in a regional organization of which the recipient country is a member.. (e) Incremental expenses of personnel of certain other countries for training Subsection (e) of such section is amended to read as follows: (e) Incremental expenses of personnel of recipient countries for training If the Secretary of Defense determines that the payment of incremental expenses (as defined in section 301 of title 10, United States Code) in connection with training described in subsection (a)(1)(B) will facilitate the participation in such training of organization personnel of recipient countries described in subsection (b), the Secretary may use amounts available under subsection (f) for assistance and training under subsection (a) for the payment of such incremental expenses.. (f) Availability of funds Subsection (f) of such section is amended to read as follows: (f) Availability of funds Of the amounts authorized to be appropriated for each of fiscal years 2022 through 2027 for the Department of Defense, Operation and Maintenance, Defense-wide, $50,000,000 may be made available for the provision of assistance and training under subsection (a).. (g) Limitations Such section is further amended— (1) by striking subsection (i); (2) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (3) by inserting after subsection (f) the following new subsection (g): (g) Limitations (1) Assistance otherwise prohibited by law The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (c) that is otherwise prohibited by any provision of law. (2) Prohibition on assistance to units that have committed gross violations of human rights The provision of assistance pursuant to a program under subsection (a) shall be subject to the provisions of section 362 of title 10, United States Code. (3) Security cooperation Assistance, training, and exercises with recipient countries described in subsection (b) shall be planned and prioritized consistent with applicable guidance relating to the security cooperation program and activities of the Department of Defense. (4) Assessment, monitoring, and evaluation The provision of assistance and training pursuant to a program under subsection (a) shall be subject to the provisions of section 383 of title 10, United States Code.. (h) Notice to Congress on assistance and training Subsection (h)(1) of such section, as so redesignated, is amended— (1) by amending subparagraph (B) to read as follows: (B) A detailed justification of the program for the provision of the assistance or training concerned, its relationship to United States security interests, and an explanation of the manner in which such assistance or training will increase multilateral maritime security cooperation or maritime domain awareness. ; and (2) in subparagraph (G) by striking the geographic combatant command concerned and inserting the United States Indo-Pacific Command. (i) Annual monitoring report Subsection (i) of such section, as so redesignated, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking March 1, 2020 and inserting March 1, 2022 ; (B) by redesignating subparagraphs (A) through (G) as subparagraphs (B) through (H), respectively; (C) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): (A) The overall strategy for improving multilateral maritime security cooperation and maritime domain awareness across the theater, including an identification of the following: (i) Priority countries and associated capabilities across the theater. (ii) Strategic objectives for the Indo-Pacific Maritime Security Initiative across the theater, lines of effort, and desired end results for such lines of effort. (iii) Significant challenges to improving multilateral maritime security cooperation and maritime domain awareness across the theater and the manner in which the United States Indo-Pacific Command is seeking to address such challenges. ; and (D) in subparagraph (B), as so redesignated— (i) in clause (ii), by striking the semicolon and inserting ; and ; and (ii) by adding at the end the following new clause: (iii) how such capabilities can be leveraged to improve multilateral maritime security cooperation and maritime domain awareness. ; and (2) in paragraph (2), by striking subsection (g)(2) and inserting subsection (h)(2). (j) Expiration Subsection (j) of such section is amended by striking December 31, 2025 and inserting December 31, 2027. 1242. Extension and modification of Pacific Deterrence Initiative (a) Extension Subsection (c) of section 1251 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended to read as follows: (c) Funding Of the amounts authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2022 for the Department of Defense for fiscal year 2022, there is authorized to be appropriated for the Pacific Deterrence Initiative such sums as may be necessary, as indicated in sections 4101, 4201, 4301, and 4601 of such Act.. (b) Report on resourcing united states defense requirements for the indo-pacific region and study on competitive strategies Such section is further amended— (1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; (2) by inserting after subsection (c) the following new subsection (d): (d) Report on resourcing united states defense requirements for the indo-pacific region and study on competitive strategies (1) Report required (A) In general At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives: (i) The implementation of the National Defense Strategy with respect to the Indo-Pacific region. (ii) The maintenance or restoration of the comparative military advantage of the United States with respect to the People’s Republic of China. (iii) The reduction of the risk of executing contingency plans of the Department of Defense. (B) Matters to be included The report required under subparagraph (A) shall include the following: (i) With respect to the achievement of the objectives described in subparagraph (A), a description of the intended force structure and posture of assigned and allocated forces in each of the following: (I) West of the International Date Line. (II) In States outside the contiguous United States east of the International Date Line. (III) In the contiguous United States. (ii) An assessment of capabilities requirements to achieve such objectives. (iii) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (iv) An identification of required infrastructure and military construction investments to achieve such objectives. (v) An assessment of security cooperation activities or resources required to achieve such objectives. (vi) (I) A plan to fully resource United States force posture and capabilities, including— (aa) a detailed assessment of the resources necessary to address the elements described in clauses (i) through (v), including specific cost estimates for recommended investments or projects— (AA) to modernize and strengthen the presence of the United States Armed Forces, including those with advanced capabilities; (BB) to improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel; (CC) to carry out a program of exercises, training, experimentation, and innovation for the joint force; (DD) to improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces; (EE) to build the defense and security capabilities, capacity, and cooperation of allies and partners; and (FF) to improve capabilities available to the United States Indo-Pacific Command; (bb) a detailed timeline to achieve the intended force structure and posture described in clause (i). (II) The specific cost estimates required by subclause (I)(aa) shall, to the maximum extent practicable, include the following: (aa) With respect to procurement accounts— (AA) amounts displayed by account, budget activity, line number, line item, and line item title; and (BB) a description of the requirements for each such amount. (bb) With respect to research, development, test, and evaluation accounts— (AA) amounts displayed by account, budget activity, line number, program element, and program element title; and (BB) a description of the requirements for each such amount. (cc) With respect to operation and maintenance accounts— (AA) amounts displayed by account title, budget activity title, line number, and subactivity group title; and (BB) a description of the specific manner in which each such amount would be used. (dd) With respect to military personnel accounts— (AA) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and (BB) a description of the requirements for each such amount. (ee) With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year. (ff) With respect to any expenditure or proposed appropriation not described in items (aa) through (ee), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code. (C) Form The report required under subparagraph (A) may be submitted in classified form, but shall include an unclassified summary. (D) Availability Not later than February 1 each year, the Commander of the United States Indo-Pacific Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service. (2) Briefings required (A) Initial briefing Not later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. (B) Subsequent briefing Not later than 30 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy shall provide to the congressional defense committees a joint briefing, and documents as appropriate, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. ; (3) by amending subsection (e), as redesignated, to read as follows: (e) Plan required At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a report on future year activities and resources for the Initiative that includes the following: (1) A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years, organized— (A) functionally, by the activities described in paragraphs (1) through (5) of subsection (b); and (B) geographically by— (i) areas west of the International Date Line; (ii) States outside the contiguous United States east of the International Date Line; and (iii) States in the contiguous United States. (2) A summary of progress made toward achieving the purposes of the Initiative. (3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability to achieve objectives in the region. (4) A detailed timeline to achieve the requirements identified under paragraph (3). (5) A detailed explanation of any significant modifications to such requirements, as compared to plans previously submitted under this subsection. (6) Any other matter, as determined by the Secretary. ; and (4) in subsection (g), as redesignated, by striking subsection (e) and inserting subsection (f). 1243. Modification of annual report on military and security developments involving the People's Republic of China Section 1202 of the National Defense Authorization Act for Fiscal Year 2000 ( 10 U.S.C. 113 note) is amended to read as follows: 1202. Annual report on military and security developments involving the People’s Republic of China (a) Annual report Not later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China. (b) Matters to be included Each report under this section shall include analyses and forecasts, through the next 20 years, of the following: (1) The goals, factors, and trends shaping Chinese security strategy and military strategy. (2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following: (A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army. (B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission. (C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights. (3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following: (A) Chinese military-to-military relationships with other countries, including— (i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and (ii) military education programs conducted— (I) in the People’s Republic of China for militaries of other countries; or (II) in other countries for personnel of the People’s Liberation Army. (B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including— (i) a forecast of possible future sales and transfers; (ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and (iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China. (C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters. (4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. (5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including— (A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations; (B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and (C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes. (7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including— (A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and (B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in— (i) Latin America and the Caribbean; (ii) Africa; and (iii) the Indo-Pacific region, including the Pacific Islands. (8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following: (A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China. (B) The space and counter-space programs and capabilities. (C) The nuclear program and capabilities, including— (i) its nuclear strategy and associated doctrines; (ii) the size and state of its stockpile and projections of its future arsenals; (iii) its civil and military production capacities; and (iv) the modernization and force structure of its strategic forces. (D) The anti-access and area denial capabilities. (E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons. (9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including— (A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including— (i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and (ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and (B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts. (10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including— (A) the posture of the forces of the People’s Liberation Army facing Taiwan; and (B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ). (11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including— (A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and (B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner. (12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following: (A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy. (B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed. (C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts. (D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts. (E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. (F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China. (G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). (13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including— (A) United States military alliances and partnerships targeted or that may be targeted; (B) the objectives of such operations; (C) the tactics, techniques, and procedures used; and (D) the impact of such operations on military alliances and partnerships of which the United States is a member. (14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security. (c) Form Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Specified congressional committees defined In this section, the term specified congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.. 1202. Annual report on military and security developments involving the People’s Republic of China (a) Annual report Not later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China. (b) Matters to be included Each report under this section shall include analyses and forecasts, through the next 20 years, of the following: (1) The goals, factors, and trends shaping Chinese security strategy and military strategy. (2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following: (A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army. (B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission. (C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights. (3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following: (A) Chinese military-to-military relationships with other countries, including— (i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and (ii) military education programs conducted— (I) in the People’s Republic of China for militaries of other countries; or (II) in other countries for personnel of the People’s Liberation Army. (B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including— (i) a forecast of possible future sales and transfers; (ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and (iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China. (C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters. (4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. (5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including— (A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations; (B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and (C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes. (7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including— (A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and (B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in— (i) Latin America and the Caribbean; (ii) Africa; and (iii) the Indo-Pacific region, including the Pacific Islands. (8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following: (A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China. (B) The space and counter-space programs and capabilities. (C) The nuclear program and capabilities, including— (i) its nuclear strategy and associated doctrines; (ii) the size and state of its stockpile and projections of its future arsenals; (iii) its civil and military production capacities; and (iv) the modernization and force structure of its strategic forces. (D) The anti-access and area denial capabilities. (E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons. (9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including— (A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including— (i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and (ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and (B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts. (10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including— (A) the posture of the forces of the People’s Liberation Army facing Taiwan; and (B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ). (11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including— (A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and (B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner. (12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following: (A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy. (B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed. (C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts. (D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts. (E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. (F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China. (G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). (13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including— (A) United States military alliances and partnerships targeted or that may be targeted; (B) the objectives of such operations; (C) the tactics, techniques, and procedures used; and (D) the impact of such operations on military alliances and partnerships of which the United States is a member. (14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security. (c) Form Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Specified congressional committees defined In this section, the term specified congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup Section 1253(b) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking fiscal year 2021 and inserting fiscal year 2022. 1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action (a) In general The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, may carry out a cooperative program with the Ministry of Defense of Vietnam and other entities of the Government of Vietnam to assist in accounting for Vietnamese personnel missing in action. (b) Purpose The purpose of the cooperative program under subsection (a) is to carry out the following activities: (1) Collection, digitization, and sharing of archival information. (2) Building the capacity of Vietnam to conduct archival research, investigations, and excavations. (3) Improving DNA analysis capacity. (4) Increasing veteran-to-veteran exchanges. (5) Other support activities the Secretary of Defense considers necessary and appropriate. (c) Termination The authority provided by subsection (a) shall terminate on October 1, 2026. 1246. Sense of Congress on Taiwan defense relations It is the sense of Congress that— (1) the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations; (2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States; (3) the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of a peaceful resolution of the future of Taiwan; (4) as set forth in the Taiwan Relations Act, the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan and the policy of the United States to make available to Taiwan such defense articles and defense services in such quantities as may be necessary to enable Taiwan to maintain a sufficient self-defense capability should be maintained; and (5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by— (A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan; (B) ensuring timely review of and response to requests by Taiwan for defense articles and services; (C) conducting practical training and military exercises with Taiwan, including, as appropriate, inviting Taiwan to participate in the Rim of the Pacific exercise conducted in 2022, that enable Taiwan to maintain a sufficient self-defense capability, as described in the Taiwan Relations Act; (D) deepening interoperability with Taiwan in defensive capabilities, including maritime and air domain awareness and integrated air and missile defense systems; (E) encouraging exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act ( Public Law 115–135 ; 132 Stat. 341), especially for the purposes of— (i) enhancing cooperation on defense planning; (ii) improving the interoperability of the military forces of the United States and Taiwan; and (iii) improving the reserve force of Taiwan; (F) identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and (G) expanding cooperation in humanitarian assistance and disaster relief. 1247. Statement of policy on Taiwan (a) Statement of policy Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et. seq.), it shall be the policy of the United States to maintain the capacity of the United States to resist a fait accompli that would jeopardize the security of the people on Taiwan. (b) Definition In this section, the term fait accompli refers to the resort to force by the People’s Republic of China to invade and seize control of Taiwan before the United States can respond effectively. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support (a) In general The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall each year through fiscal year 2027, consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3302(c) ), perform an annual assessment of matters related to Taiwan, including intelligence matters, Taiwan’s asymmetric defensive capabilities, and how defensive shortcomings or vulnerabilities of Taiwan could be mitigated through cooperation, modernization, or integration. At a minimum, the assessment shall include the following: (1) An intelligence assessment regarding— (A) conventional military threats to Taiwan from China, including exercises intended to intimidate or coerce Taiwan; and (B) irregular warfare activities, including influence operations, conducted by China to interfere in or undermine the peace and stability of the Taiwan Strait. (2) The current defensive asymmetric capabilities of Taiwan and the ability of Taiwan to defend itself from external conventional and irregular military threats. (3) The interoperability of current and future defensive asymmetric capabilities of Taiwan with the military capabilities of the United States and its allies and partners. (4) The plans, tactics, techniques, and procedures underpinning the defensive asymmetric capabilities of Taiwan. (5) A description of additional personnel, resources, and authorities in Taiwan or in the United States that may be required to meet any shortcomings in the development of Taiwan’s defensive capabilities identified pursuant to this section. (6) The applicability of Department of Defense authorities for improving the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act. (7) The feasibility and advisability of assisting Taiwan in the domestic production of defensive asymmetric capabilities, including through the transfer of intellectual property, co-development, or co-production arrangements. (8) An assessment of ways in which the United States could enhance cooperation with on intelligence matters with Taiwan. (9) A description of any non-Department of Defense efforts by the United States Government to build the capacity of Taiwan to disrupt external efforts that degrade its free and democratic society. (10) A description of any significant efforts by the Defense Intelligence Enterprise and other elements of the intelligence community to coordinate technical and material support for Taiwan to identify, disrupt, and combat influence operations referred to in this subsection. (11) Any other matter the Secretary of Defense considers appropriate. (b) Plan The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall develop a plan for assisting Taiwan in improving its defensive asymmetric capabilities and addressing vulnerabilities identified pursuant to subsection (a) that includes— (1) recommendations for new Department of Defense authorities, or modifications to existing Department authorities, necessary to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ); (2) an identification of opportunities for key leader and subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and (3) an identification of challenges and opportunities for leveraging non-Department authorities, resources, and capabilities to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act. (c) Report Not later than 180 days after the date of the enactment of this Act, and annually through fiscal year 2027, the Secretary of Defense shall submit to the appropriate committees of Congress— (1) a report on the results of the assessment required by subsection (a); and (2) the plan required by subsection (b). (d) Form The report required by subsection (c) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section: (1) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term defensive asymmetric capabilities means the capabilities necessary to defend Taiwan against conventional external threats, including coastal defense missiles, naval mines, anti-aircraft capabilities, cyber defenses, and special operations forces. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan (a) In general Not later than February 15, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan. (b) Elements The briefing required by subsection (a) shall include the following: (1) A description of the cooperation between the National Guard and Taiwan during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities. (2) An evaluation of the feasibility of enhancing cooperation between the National Guard and Taiwan on a range of activities, including— (A) disaster and emergency response; (B) cyber defense and communications security; (C) military medical cooperation; (D) Mandarin-language education and cultural exchange; and (E) programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan. (3) Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments. (4) Any other matter the Secretary of Defense considers appropriate. 1250. Feasibility report on establishing military-to-military crisis communications capabilities (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the feasibility and advisability of establishing military-to-military communications with a covered strategic competitor. (b) Elements The report required by subsection (a) shall include the following: (1) An articulation of— (A) the importance of military-to-military communications with a covered strategic competitor; and (B) the utility of such communications to enable clear transmission of messages from the government of the United States, avoid misunderstandings, and reduce the possibility of miscalculation. (2) A description of the current process and capabilities relating to communications with a covered strategic competitor, including the means, levels of seniority, and timelines for such communications. (3) An identification of opportunities for improving military-to-military crisis communications with a covered strategic competitor, including the preferred means, levels of seniority, and timelines for such communications. (4) An identification of challenges to establishing more military-to-military communications with a covered strategic competitor. (5) Any other matter the Secretary of Defense considers appropriate. (c) Definitions In this section: (1) The term covered strategic competitor means a near-peer country identified by the Secretary of Defense and National Defense Strategy. (2) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. 1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications (a) Comparative analyses (1) Development of procedures (A) In general Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Office of Net Assessment, shall develop procedures by which comparative analyses, including the assessments under paragraph (2), shall be conducted. (B) Elements The procedures developed under subparagraph (A)— (i) shall include processes— (I) by which senior officials of the Department of Defense may request that such comparative analyses be conducted with respect to a specific technology, sector, or system of interest; (II) by which teams of technical, industrial, policy, intelligence, and operational experts consisting of personnel of the Department and private sector organizations may be established for the purpose of conducting such comparative analyses; (III) to ensure adequate funding to support the conduct of such comparative analyses; and (IV) by which classified and unclassified information, including necessary data, records, and technical information, may be shared with Department personnel for the purpose of carrying out such comparative analyses; and (ii) may include the development of quantitative and qualitative metrics for use in, and new intelligence collection requirements to support, such comparative analyses. (2) Comparative analysis assessments (A) In general The Under Secretary, in coordination with the Director of the Office of Net Assessment, shall conduct a comparative analysis assessment of the efforts of the United States Government and the Government of the People’s Republic of China to develop and deploy critical modernization technology with respect to military applications in each of the following areas of critical modernization technology: (i) Directed energy systems. (ii) Hypersonics. (iii) Emerging biotechnologies. (iv) Quantum science. (v) Cyberspace capabilities. (B) Elements Each comparative analysis assessment under subparagraph (A) shall include an evaluation of each of the following: (i) With respect to the applicable area of critical modernization technology described in subparagraph (A), research and development activities carried out in the United States and the People's Republic of China by governmental entities and nongovernmental entities. (ii) The ability of research programs carried out by the United States Government and the Government of the People's Republic of China to achieve the goals of— (I) transitioning emerging technologies into acquisition efforts and operational use; and (II) incorporating emerging technologies into military applications. (iii) Operational effectiveness and suitability of current or planned defense systems of the United States and the People's Republic of China, including relevant operational concepts relating to the application and operationalization of critical modernization technologies. (iv) The ability of defense systems of the United States and the People's Republic of China to counter relevant threat capabilities. (b) Reports (1) Initial report Not later than March 15, 2022, the Under Secretary shall submit a report and provide a briefing to the congressional defense committees on efforts to develop the procedures required by subsection (a)(1). (2) Subsequent reports (A) Directed energy systems and hypersonics Not later than December 31, 2023, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (i) and (ii) of subsection (a)(2)(A). (B) Emerging biotechnologies, quantum science, and cyberspace capabilities Not later than December 31, 2024, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (iii), (iv), and (v) of subsection (a)(2)(A). (C) Elements The reports required by subparagraphs (A) and (B) shall include the following for each such comparative analysis assessment: (i) The results of the evaluation of each element described in subsection (a)(2)(B). (ii) An analysis of significant research and development programs and activities outside the United States or the People’s Republic of China designed to advance the applicable area of critical modernization technology described in subsection (a)(2)(A), and a discussion of such programs and activities. (iii) With respect to each such area of critical modernization technology, an identification of any area in which the degree of uncertainty due to an insufficient knowledge base is such that an analysis of whether the United States or the People’s Republic of China has an advantage would be inconclusive. (iv) A description of the limitations, constraints, and challenges encountered in carrying out the comparative analysis assessment. (v) A description of any other research and development efforts or elements the Under Secretary considers appropriate for purposes of the comparative analysis assessment. (vi) Recommendations with respect to additional activities by the Department necessary to address the findings of the comparative analysis assessment. (D) Form The reports required by subparagraphs (A) and (B) shall be submitted in unclassified form but may contain a classified annex. (c) Agreement with a federally funded research and development corporation authorized (1) In general The Under Secretary may enter into an agreement with a federally funded research and development corporation under which such corporation may— (A) carry out any part of a comparative analysis assessment required by subsection (a); or (B) prepare the reports required by subsection (b)(2). (2) Notification If the Under Secretary enters into an agreement under paragraph (1), the Under Secretary shall submit to the congressional defense committees a report that— (A) identifies the federally funded research and development corporation concerned; and (B) describes the scope of work under the agreement. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region It is the sense of Congress that the Secretary of Defense should recommit to and strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People's Republic of China, including by— (1) enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence; (2) reinforcing the United States alliance with the Republic of Korea and maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the country, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, in support of the shared objective of a peaceful and stable Korean Peninsula; (3) fostering bilateral and multilateral cooperation with Australia, consistent with the Australia, New Zealand, United States Security Treaty, to advance shared security objectives and build the capabilities of emerging partners; (4) advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, and collaborate on vetting Chinese investments in strategic technology sectors and critical infrastructure; (5) broadening the engagement of the United States with India, including through the Quadrilateral Security Dialogue— (A) to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and (B) to enable greater cooperation on maritime security and the threat of global pandemics, including COVID–19; (6) strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), and the Six Assurances, with the goal of improving Taiwan’s asymmetric defensive capabilities and promoting peaceful cross- strait relations; (7) reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training, including the use of the Foreign Military Sales Training Center at Ebbing Air National Guard Base in Fort Smith, Arkansas and a fighter training detachment in Guam; (8) engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau with the goal of strengthening regional security and addressing issues of mutual concern, including protecting fisheries from illegal, unreported and unregulated fishing; and (9) investing in enhanced military posture and capabilities in the United States Indo-Pacific Command area of responsibility and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region. 1301. Sense of Congress on North Atlantic Treaty Organization allies and partners It is the sense of Congress as follows: (1) The North Atlantic Treaty Organization (NATO) remains the strongest and most successful military alliance in the world, founded on a commitment by its members to uphold the principles of democracy, individual liberty, and the rule of law, and its contributions to the collective defense are indispensable to the security, prosperity, and freedom of its members. (2) The success of NATO is critical to achieving United States national security objectives in Europe and around the world, including deterring Russian aggression, upholding territorial integrity and sovereignty in Europe, addressing strategic competition and mitigating shared security concerns, countering malign efforts to undermine the rules-based international order and disrupt shared values, and fostering international cooperation against collective challenges. (3) The United States reaffirms its ironclad commitment to NATO as the foundation of transatlantic security and to uphold its obligations under the North Atlantic Treaty, including Article 5 of the Treaty, and remains steadfastly committed to upholding and strengthening its defense alliances and partnerships in the European theater. (4) The commitment of NATO allies in response to the invocation of Article 5 of the North Atlantic Treaty following attacks on the United States homeland on September 11, 2001, and during years of counterterrorism, humanitarian, and stabilization operations in Afghanistan has been invaluable, and the sacrifices of NATO allies deserve the highest order of respect and gratitude. (5) The national security challenges posed by the Russian Government against NATO allies and partners are of grave concern to the United States and a top NATO defense priority. Since the invasion of Ukraine in 2014, the Russian Government has not improved its behavior and has, in many aspects, become increasingly belligerent. Aggression against NATO allies and United States partners is unacceptable, and Russia’s willingness to engage in far-reaching, risky actions contrary to the international order poses major risks to United States national security interests that must be met with sustained engagement, investment in credible deterrence, and vigilance. (6) The United States should continue to deepen cooperation on defense issues with non-NATO European partners, bilaterally and as part of the NATO alliance, encourage security sector cooperation between NATO and non-NATO defense partners that complements and strengthens shared security goals, interoperability, and allies’ commitment to Article 3 of the North Atlantic Treaty, build on recent progress in NATO allies achieving defense spending goals agreed to at the 2014 Wales Summit and reaffirmed at the 2016 Warsaw Summit and the 2021 Brussels Summit, and build consensus to plan, organize, and invest in the full range of defense capabilities necessary to deter and defend against potential adversaries. (7) The United States should continue to enhance United States and allied force posture in Europe in order to establish and sustain a credible deterrent against Russian aggression and long-term strategic competition by the Russian Government, including continued robust support for the European Deterrence Initiative and other investments, ongoing use of rotational deployments and robust exercises in the European theater, improved forward-stationing of forces to enhance deterrence and reduce cost, additional planning and efforts to mitigate contested logistics challenges, implementation of key initiatives to enhance readiness, military mobility, and national resilience, and effective investments in multi-service, cyber, information, and air defense efforts to counter modern military challenges. (8) Following the end of the Resolute Support Mission in Afghanistan, it is essential that the United States consider ways to continue the benefits of combined interaction alongside NATO allies and United States partners to continue strengthening interoperability and cooperation. (9) The Black Sea is a strategically significant region to United States interests and to the security of United States allies and partners, especially in light of Russia’s actions in the region and illegal occupation of territory. The United States should continue security cooperation efforts, exercises, and training with regional allies and partners, regional posture enhancements, and support for those allies’ and partners’ pursuit of their own defenses, as well as joint efforts that enhance interoperability and information sharing. (10) Enhancing security and stability in the Western Balkans is a goal that the United States shares with European allies and partners. The United States should continue its efforts to build interoperability and support institutional reforms of the militaries of the Western Balkan nations, including both NATO allies and partners. The United States should also support those nations’ efforts to resist disinformation campaigns, predatory investments, efforts to promote instability, and other means by which Russia and China may seek to influence this region of Europe. (11) Estonia, Latvia, and Lithuania are model allies and play a critical role in strategic efforts to ensure continued deterrence against aggression by Russia and maintain the collective security of the NATO alliance. The security of the Baltic region is crucial to the security of the NATO alliance. (12) The United States should continue to pursue efforts consistent with the comprehensive, multilateral Baltic Defense Assessment of the military requirements of Estonia, Latvia, and Lithuania issued in December 2020. Robust support to accomplish United States strategic objectives, including by providing assistance to the Baltic countries through security cooperation referred to as the Baltic Security Initiative pursuant to sections 332 and 333 of title 10, United States Code, should be prioritized in the years to come. Specifically, the continuation of— (A) efforts to enhance interoperability among Estonia, Latvia, and Lithuania and in support of NATO efforts; (B) infrastructure and other host-country support improvements that will enhance United States and allied military mobility across the region; (C) efforts to improve resilience to hybrid threats and cyber defenses in Estonia, Latvia, and Lithuania; and (D) support for planning and budgeting efforts of Estonia, Latvia, and Lithuania that are regionally synchronized. 1302. Report on Armenia-Azerbaijan conflict (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the relevant congressional committees a report on the 2020 conflict between Armenia and Azerbaijan. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the use of United States weapon systems or controlled technology that were employed in the 2020 conflict, including a list of the origins of such items, if known. (2) A description of the involvement of foreign actors in the conflict, including a description of the military activities, influence operations, foreign military sales, and diplomatic engagement by foreign countries before, during, and after the conflict, and efforts by parties to the conflict or foreign actors to recruit or employ foreign fighters or private military organizations during the conflict. Such description may include a classified annex, if necessary. (3) Any violations of the November 9, 2020, agreement, including the continued detention of prisoners of war or captured civilians. (4) Any other matter the Secretary considers appropriate. (c) Relevant congressional committees In this section, the term relevant congressional committees means the Committee on Foreign Affairs and Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and Committee on Armed Services of the Senate. (d) Sense of Congress It is the sense of Congress that— (1) the parties to the conflict must adhere to their obligations under the November 9, 2020, agreement and international law, including to immediately release all prisoners of war and captured civilians; (2) the parties to the conflict must refrain from the use of force and threats to use force in pursuit of diplomatic resolutions to any outstanding disputes; and (3) the United States should engage with parties to the conflict, including redoubling engagement with the Minsk Group, to make clear the importance of adhering to these obligations and advance diplomatic progress. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the current state of United States defense investment in Europe, with particular focus on United States military infrastructure requirements, including the European Deterrence Initiative. Such report shall include the following elements: (1) An assessment of the progress made by the Department of Defense toward achieving the stated objectives of the European Deterrence Initiative (EDI) over its lifetime, and the extent to which EDI funding has aligned with such objectives. (2) An assessment of the current state of the United States defense posture in Europe. (3) An assessment of further investments required to improve United States military mobility in the United States European Command area of responsibility, including efforts to— (A) address contested logistics; and (B) improve physical impediments and regulatory challenges to movement by air, rail, road, or waterway across such area of responsibility. (4) An assessment of the current state of United States prepositioned stocks in Europe, including a description of both completed and underway projects, timelines for completion of underway projects, and estimated sustainment costs upon completion of such projects. (5) An assessment of the current state of United States munitions in Europe, including the adequacy to satisfy United States needs in a European contingency, and a description of any plans to adjust munitions stocks. (6) An assessment of the current state of United States antisubmarine warfare assets, organization, and resources in the United States European Command and Second Fleet areas of responsibility, including— (A) the sufficiency of such assets, organization, and resources to counter Russian submarine threats; and (B) the sufficiency of United States sonobuoy stocks, antisubmarine warfare platforms, and undersea sensing equipment. (7) An assessment of the current state of the United States naval presence in the United States European Command area of responsibility and the ability of such presence to respond to future challenges in the Black Sea, Mediterranean Sea, and Arctic region, including a description of any future plans regarding increased naval force structure forward stationed in Europe and associated timelines. (8) An assessment of the current state of United States Air Force operational planning and resourcing in the European theater, including the current state of prepositioned Air Force equipment, activities, and relevant infrastructure. (9) An assessment of the current state of United States defense information operations capabilities dedicated to the United States European Command area of responsibility, and any defense resources required or policies needed to strengthen such capabilities. (10) An assessment of all purchases, investments, and expenditures made by any Armed Force under the jurisdiction of the Secretary of a military department and identified as part of the EDI, since its inception, that have been diverted for purposes or uses other than the objectives of the EDI, including a list of all purchases, investments, and expenditures that were requested to support the EDI since its inception that were not ultimately employed for the objectives of the EDI and the respective dollar values of such purchaes, investments, and expenditures. (11) An assessment of the current state of EDI military construction efforts in Europe. (12) An assessment of United States European Command’s planned exercise schedule in coming years, the estimated resourcing requirements to fulfill such schedule, and what percentage of such resourcing is expected to come from EDI. (13) Any other information the Secretary determines relevant. 1311. Sense of Congress It is the sense of Congress that— (1) Greece is a pillar of stability in the Eastern Mediterranean region and the United States should remain committed to supporting its security and prosperity; (2) the 3+1 format of cooperation among Cyprus, Greece, Israel, and the United States has been a successful forum to cooperate on energy issues and should be expanded to include other areas of common concern to the members; (3) the United States should increase and deepen efforts to partner with and support the modernization of the Greek military; (4) it is in the interests of the United States that Greece continue to transition its military equipment away from Russian-produced platforms and weapons systems through the European Recapitalization Incentive Program; (5) the naval partnerships with Greece at Souda Bay and Alexandroupolis are mutually beneficial to the national security of the United States and Greece; (6) the United States should, as appropriate, support the sale of F–35 Joint Strike Fighters to Greece; (7) the United States Government should continue to invest in International Military Education and Training programs in Greece; (8) the United States Government should support joint maritime security cooperation exercises with Cyprus, Greece, and Israel; (9) in accordance with its legal authorities and project selection criteria, the United States Development Finance Corporation should consider supporting private investment in strategic infrastructure projects in Greece, to include shipyards and ports that contribute to the security of the region and Greece’s prosperity; (10) the extension of the Mutual Defense Cooperation Agreement with Greece for a period of five years includes deepened partnerships at Greek military facilities throughout the country and is a welcome development; and (11) the United States Government should establish the United States-Eastern Mediterranean Energy Center, as authorized by section 204 of the Eastern Mediterranean Energy and Security Partnership Act of 2019 ( 22 U.S.C. 2373 note). 1312. Funding for the European Recapitalization Incentive Program (a) In general To the maximum extent feasible, amounts appropriated or otherwise made available for the European Recapitalization Incentive Program should be considered for Greece as appropriate to assist the country in meeting its defense needs and transitioning away from Russian-produced military equipment. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that provides a full accounting of all funds distributed under the European Recapitalization Incentive Program, including— (1) identification of each recipient country; (2) a description of how the funds were used; and (3) an accounting of remaining equipment in recipient countries that was provided by the then-Soviet Union or Russian Federation. 1313. Sense of Congress on loan program It is the sense of Congress that, as appropriate, the United States Government should provide direct loans to Greece for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) to support the further development of Greece’s military forces. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece It is the sense of Congress that the President has the authority to expedite delivery of any future F–35 aircraft to Greece once Greece is prepared to move forward with such a purchase on such terms and conditions as the President may require, pursuant to the certification requirements under section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ). 1315. IMET cooperation with Greece For each of fiscal years 2022 through 2026, there is authorized to be appropriated $1,800,000 for International Military Education and Training assistance for Greece, which may be made available for the following purposes: (1) Training of future leaders. (2) Fostering a better understanding of the United States. (3) Establishing a rapport between the United States Armed Forces and Greece’s military to build partnerships for the future. (4) Enhancement of interoperability and capabilities for joint operations. (5) Focusing on professional military education, civilian control of the military, and protection of human rights. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group (a) Establishment There is established a group, to be known as the Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group , to serve as a legislative component to the 3+1 process launched in Jerusalem in March 2019. (b) Membership The Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall include a group of not more than 6 United States Senators, to be known as the United States group , who shall be appointed in equal numbers by the majority leader and the minority leader of the Senate. The majority leader and the minority leader of the Senate shall also serve as ex officio members of the United States group. (c) Meetings Not less frequently than once each year, the United States group shall meet with members of the 3+1 group to discuss issues on the agenda of the 3+1 deliberations of the Governments of Greece, Israel, Cyprus, and the United States to include maritime security, defense cooperation, energy initiatives, and countering malign influence efforts by the People’s Republic of China and the Russian Federation. (d) Authorization of appropriations (1) In general There is authorized to be appropriated $100,000 for each fiscal year to assist in meeting the expenses of the United States group. (2) Availability of funds Amounts appropriated pursuant to the authorization under this subsection are authorized to remain available until expended. (e) Termination The Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall terminate 4 years after the date of the enactment of this Act. 1317. Appropriate congressional committees In this subtitle, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. 1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program Section 1274 of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2350a note) is amended— (1) by amending subsection (c) to read as follows: (c) Contributions by participants (1) In general An agreement under subsection (a) shall provide that— (A) the United States, as the host country for the Program, shall provide office facilities and related office equipment and supplies for the Program; and (B) each participating country shall contribute its equitable share of the remaining costs for the Program, including— (i) the agreed upon share of administrative costs related to the Program, except the costs for facilities and equipment and supplies described in subparagraph (A); and (ii) any amount allocated against the country for monetary claims as a result of participation in the Program, in accordance with the agreement. (2) Equitable contributions The contributions, as allocated under paragraph (1) and set forth in an agreement under subsection (a), shall be considered equitable for purposes of this subsection and section 27(c) of the Arms Export Control Act ( 22 U.S.C. 2767(c) ). (3) Authorized contribution An agreement under subsection (a) shall provide that each participating country may provide its contribution in funds, in personal property, in services required for the Program, or any combination thereof. (4) Funding for United States contribution Any monetary contribution by the United States to the Program that is provided in funds shall be made from funds available to the Department of Defense for operation and maintenance. (5) Contributions and reimbursements from other participating countries (A) In general The Secretary of Defense may accept from any other participating country a contribution or reimbursement of funds, personal property, or services made by the participating country in furtherance of the Program. (B) Credit to appropriations Any contribution or reimbursement of funds received by the United States from any other participating country to meet that country’s share of the costs of the Program shall be credited to the appropriations available to the appropriate military department, as determined by the Secretary of Defense. (C) Treatment of personal property Any contribution or reimbursement of personal property received under this paragraph may be— (i) retained and used by the Program in the form in which it was contributed; (ii) sold or otherwise disposed of in accordance with such terms, conditions, and procedures as the members of the Program consider appropriate, and any resulting proceeds shall be credited to appropriations of the appropriate military department, as described in subparagraph (B); or (iii) converted into a form usable by the Program. (D) Use of credited funds (i) In general Amounts credited under subparagraph (B) or (C)(ii) shall be— (I) merged with amounts in the appropriation concerned; (II) subject to the same conditions and limitations as amounts in such appropriation; and (III) available for payment of Program expenses described in clause (ii). (ii) Program expenses described The Program expenses described in this clause include— (I) payments to contractors and other suppliers, including the Department of Defense and participating countries acting as suppliers, for necessary goods and services of the Program; (II) payments for any damages or costs resulting from the performance or cancellation of any contract or other obligation in support of the Program; (III) payments or reimbursements for other Program expenses; or (IV) refunds to other participating countries. ; and (2) by striking subsection (g). 1322. Foreign Area Officer assessment and review (a) Findings Congress finds the following: (1) Foreign Area Officers of the Army and their equivalent positions in the other Armed Forces (in this section referred to as FAOs ) are trained to manage, grow, and enhance security cooperation relationships between the United States and foreign partners and to build the overall military capacity and capabilities of foreign partners. (2) At present, some senior defense official positions in United States embassies are filled by officers lacking the necessary skills, training, and experience to strengthen the relationships between the United States and its critical partners and allies. (3) FAOs are trained to fill those positions, and deficiencies in the equitable use, assessment, promotion, diversity and inclusion of such officers, as well as limitations on career opportunities, undermine the ability of the Department of Defense to strengthen partnerships and alliances of the United States. (4) A federally funded research and development center can provide a roadmap to correcting these deficiencies, strengthening the FAO branch, and placing qualified FAOs in positions of positive influence over United States partnerships and alliances. (b) Assessment and review required (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to conduct an independent assessment and comprehensive review of the process by which Foreign Area Officers and their equivalent positions in the other Armed Forces (in this section referred to as FAOs ) are recruited, selected, trained, assigned, organized, promoted, retained, and used in security cooperation offices, senior defense roles in U.S. embassies, and in other critical roles of engagement with allies and partners. (2) Elements The assessment and review conducted under paragraph (1) shall include the following: (A) Identification and assessment of the number and location of senior defense official billets, including their grade structure and availability to FAOs. (B) A review of the cultural, racial, and ethnic diversity of FAOs. (C) An assessment of the assignment process for FAOs. (D) A review and assessment of the promotion criteria, process, and possible pathways for career advancement for FAOs. (E) A review of the organization and categorization of FAOs by geographic region. (F) An assessment of the training program for FAOs and its effectiveness. (G) An assessment of the available career paths for FAOs. (H) An assessment of the criteria used to determine staffing requirements for senior defense official positions and security cooperation roles for uniformed officers. (I) A review of the staffing of senior defense official and security cooperation roles and assessment to determine whether requirements are being met through the staffing process. (J) An assessment of how the broader utilization of FAOs in key security cooperation and embassy defense leadership billets would improve the quality and professionalism of the security cooperation workforce under section 384 of title 10, United States Code. (K) A review of how many FAO opportunities are joint-qualifying and an assessment of whether increasing the number of joint-qualified opportunities for FAOs would increase recruitment, retention, and promotion. (L) Any other matters the Secretary determines relevant. (c) Results The federally funded research and development center conducting the assessment and review described in subsection (b) shall submit to the Secretary the results of such assessment and review, which shall include the following: (1) A summary of the research and activities undertaken to carry out the assessment required by subsection (b). (2) Considerations and recommendations, including legislative recommendations, to achieve the following: (A) Improving the assessment, promotion, assignment selection, retention, and diversity of FAOs. (B) Assigning additional FAOs to positions as senior defense officials. (d) Submission to Congress (1) In general Not later than December 31, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (A) an unaltered copy of the results submitted pursuant to subsection (c) ; and (B) the written responses of the Secretary and the Chairman of the Joint Chiefs of Staff to such results. (2) Form The submission under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 1323. Study on certain security cooperation programs (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center with the appropriate expertise and analytical capability to carry out the study described in subsection (b). (b) Study The study described in this subsection shall— (1) provide for a comprehensive assessment of strategic and operational lessons collected from the war in Afghanistan that can be applied to existing and future security cooperation programs; (2) identify metrics used in the war in Afghanistan to measure progress in partner capacity building and defense institution building and whether such metrics are sufficient for measuring progress in future security cooperation programs; (3) assess challenges related to strategic planning for capacity building, baseline assessments of partner capacity, and issues related to project sustainment, and recommendations for how to manage such challenges; (4) assess Department of Defense coordination with coalition partners engaged in partner capacity building and defense institution building efforts, and recommendations for how to improve such coordination; (5) identify risks posed by rapid expansion or reductions in security cooperation, and recommendations for how to manage such risks; (6) identify risks posed by corruption in security cooperation programs and recommendations for how to manage such risks; (7) assess best practices and training improvements for managing cultural barriers in partner countries, and recommendations for how to promote cultural competency; (8) assess the effectiveness of the Department of Defense in promoting the rights of women, including incorporating a gender perspective in security cooperation programs, in accordance with the Women, Peace and Security Strategic Framework and Implementation Plan issued by the Department of Defense in June 2020 and the Women, Peace, and Security Act of 2017 ( Public Law 115–68 ); (9) identify best practices to promote partner country ownership of long-term objectives of the United States including with respect to human rights, democratic governance, and the rule of law; (10) assess challenges related to contractors of the Department of Defense, including cost, limited functions, and oversight; and (11) assess best practices for sharing lessons on security cooperation with allies and partners. (c) Report (1) To Secretary of Defense Not later than two years after the date on which a federally funded research and development center enters into a contract described in subsection (a), such center shall submit to the Secretary of Defense a report containing the results of the study required under this section. (2) To Congress Not later than 30 days after the receipt of the report under paragraph (1), the Secretary of Defense shall submit to Congress such report, which shall be made public, together with any additional views or recommendations of the Secretary, which may be transmitted in a classified annex. 1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome Not later than 30 days after the date of the enactment of this Act and every 120 days thereafter until all applicable funds have been obligated in support of Operation Allies Welcome or any successor operation, the Secretary of Defense shall submit to the congressional defense committees a notification that includes— (1) the costs associated with the provision of transportation, housing, medical services, and other sustainment expenses for Afghan special immigrant visa applicants and other Afghans at risk; and (2) whether such funds were obligated under a reimbursable or nonreimbursable basis. 1331. Extension and modification of authority for certain payments to redress injury and loss (a) Extension Subsection (a) of section 1213 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2731 note) is amended by striking December 31, 2022 and inserting December 31, 2023. (b) Modification to conditions on payment Subsection (b) of such section is amended— (1) in paragraph (1) to read as follows: (1) the prospective foreign civilian recipient is not otherwise ineligible for payment under any other provision of law; ; (2) in paragraph (2), by striking a claim and inserting a request ; (3) in paragraph (4), by striking the claimant and inserting the prospective foreign civilian recipient ; and (4) in paragraph (5), by striking the claimant and inserting the prospective foreign civilian recipient. (c) Modifications to quarterly report requirement Subsection (g) of such section is amended— (1) in paragraph (1)(B), by striking claims and inserting requests ; and (2) by adding at the end the following: (3) The status of Department of Defense efforts to establish the requests procedures required under subsection (d)(1) and to otherwise implement this section.. (d) Modification to procedure to submit requests Such section is further amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and (2) by inserting after subsection (c) the following: (d) Procedures to review allegations (1) Procedures required Not later than 180 days after the date of enactment of this subsection, the Secretary of Defense shall establish procedures to receive, evaluate, and respond to allegations of civilian harm resulting from military operations involving the United States Armed Forces, a coalition that includes the United States, or a military organization supporting the United States. Such responses may include— (A) a formal acknowledgement of such harm; (B) a nonmonetary expression of condolence; or (C) an ex gratia payment. (2) Consultation In establishing the procedures under paragraph (1), the Secretary of Defense shall consult with the Secretary of State and with nongovernmental organizations that focus on addressing civilian harm in conflict. (3) Policy updates Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall ensure that procedures established under paragraph (1) are formalized through updates to the policy referred to in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note).. (e) Rule of construction Nothing in this section or the amendments made by this section may be construed to require the Secretary of Defense to pause, suspend, or otherwise alter the provision of ex gratia payments in accordance with section 1213 of the National Defense Authorization Act for Fiscal Year 2020, as amended, in the course of developing the procedures required by subsection (d) of such section (as added by subsection (d) of this section). 1332. Secretary of Defense Strategic Competition Initiative (a) In general The Secretary of Defense, with the concurrence of the Secretary of State, may provide funds for one or more Department of Defense activities or programs described in subsection (b) that advance United States national security objectives for strategic competition by supporting Department of Defense efforts to compete below the threshold of armed conflict and by supporting other Federal departments and agencies in advancing United States strategic interests. (b) Authorized activities and programs Activities and programs for which funds may be provided under subsection (a) are the following: (1) The provision of funds to pay for personnel expenses of foreign defense or security personnel for bilateral or regional security cooperation programs and joint exercises, in accordance with section 321 of title 10, United States Code. (2) Activities to build the institutional capacity of foreign national security forces, including efforts to counter corruption, in accordance with section 332 of title 10, United States Code. (3) Activities to build the capabilities of the United States joint force and the security forces of United States allies and partners relating to irregular warfare. (4) Activities to expose and disprove foreign malign influence and disinformation, and to expose and deter coercion and subversion. (c) Funding Amounts made available for activities carried out pursuant to subsection (a) in a fiscal year may be derived only from amounts authorized to be appropriated for such fiscal year for the Department of Defense for operation and maintenance, Defense-wide. (d) Relationship to other funding Any amount provided by the Secretary of Defense during any fiscal year pursuant to subsection (a) for an activity or program described in subsection (b) shall be in addition to amounts otherwise available for that activity or program for that fiscal year. (e) Use of funds (1) Limitations Of funds made available under this section for any fiscal year— (A) not more than $20,000,000 in each fiscal year is authorized to be obligated and expended under this section; and (B) not more than $3,000,000 may be used to pay for personnel expenses under subsection (b)(1). (2) Prohibition Funds may not be provided under this section for any activity that has been denied authorization by Congress. (f) Annual report Not less frequently than annually, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the use of the authority under subsection (a). (g) Plan for Strategic Competition Initiative for U.S. Southern Command and U.S. Africa Command (1) In general The Secretary of Defense shall develop and submit to the congressional defense committees a plan for an initiative to support programs and activities for strategic competition in the areas of responsibility of United States Southern Command and United States Africa Command. (2) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the plan developed under paragraph (1). (h) Termination The authority under subsection (a) shall terminate on September 30, 2024. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States Section 1210A of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1626) is amended— (1) in subsection (a), by striking for the stabilization activities of other Federal agencies specified in subsection (c)(1) and inserting to other Federal agencies specified in subsection (c)(1) for the stabilization activities of such agencies ; (2) in subsection (b), by amending paragraph (1) to read as follows: (1) In general Amounts authorized to be provided pursuant to this section shall be available only for support for stabilization activities— (A) (i) in a country specified in paragraph (2); and (ii) that the Secretary of Defense, with the concurrence of the Secretary of State, has determined are in the national security interest of the United States; or (B) in a country that— (i) (I) has been selected as a priority country under section 505 of the Global Fragility Act of 2019 ( 22 U.S.C. 9804 ); or (II) is located in a region that has been selected as a priority region under section 505 of such Act; and (ii) has Department of Defense resource or personnel presence to support such activities. ; (3) in the first sentence of subsection (c)(1), by striking Support may be provided for stabilization activities under subsection (a) and inserting Support under subsection (a) may be provided ; (4) in subsection (g)(1), by striking , Defense-wide ; and (5) in subsection (h), by striking December 31, 2021 and inserting December 31, 2023. 1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017 Section 1210E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by— (1) redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections (f) and (g): (f) Pilot program (1) Establishment The Secretary of Defense, in consultation with the Secretary of State, shall establish and carry out a pilot program for the purpose of conducting partner country assessments described in subsection (b)(2). (2) Contract authority The Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into one or more contracts with a nonprofit organization or a federally funded research and development center independent of the Department for the purpose of conducting such partner country assessments. (3) Selection of countries (A) In general The Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country within the area of responsibility of each geographic combatant command for participation in the pilot program. (B) Considerations In making the selection under subparagraph (A), the Secretary of Defense shall consider— (i) the demonstrated political commitment of the partner country to increasing the participation of women in the security sector; and (ii) the national security priorities and theater campaign strategies of the United States. (4) Partner country assessments Partner country assessments conducted under the pilot program shall be— (A) adapted to the local context of the partner country being assessed; (B) conducted in collaboration with the security sector of the partner country being assessed; and (C) based on tested methodologies. (5) Review and assessment With respect to each partner country assessment conducted under the pilot program, the Secretary of Defense, in consultation with the Secretary of State, shall— (A) review the methods of research and analysis used by any entity contracted with under paragraph (2) in conducting the assessment and identify lessons learned from such review; and (B) assess the ability of the Department to conduct future partner country assessments without entering into such a contract, including by assessing potential costs and benefits for the Department that may arise in conducting such future assessments. (6) Findings (A) In general The Secretary of Defense, in consultation with the Secretary of State, shall use findings from each partner country assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed, which shall be designed to substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities). (B) Model methodology The Secretary of Defense, in consultation with the Secretary of State, shall develop, based on the findings of the pilot program, a model barrier assessment methodology for use across the geographic combatant commands. (7) Reports (A) In general Not later than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress an initial report on the implementation of the pilot program under this subsection that includes an identification of the partner countries selected for participation in the program and the justifications for such selections. (B) Methodology On the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (6)(B). (g) Briefing Not later than 1 year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on the efforts to build partner defense institution and security force capacity pursuant to this section.. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors (a) Requirement Not later than 90 days after the date of the enactment of this Act, and not later than September 1 of each subsequent year, the Secretary of State shall submit to the appropriate congressional committees a report on the sensors used in the international monitoring system of the Comprehensive Nuclear-Test-Ban Treaty Organization. Each such report shall include, with respect to the period covered by the report— (1) the number of incidents where such sensors are disabled, turned off, or experience technical difficulties ; and (2) with respect to each such incident— (A) the location of the sensor; (B) the duration of the incident; and (C) whether the Secretary determines there is reason to believe that the incident was a deliberate act on the part of the host nation. (b) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. 1336. Security assistance in Northern Triangle countries (a) Certification relating to assistance for Guatemala Prior to the transfer of any vehicles by the Department of Defense to a joint task force of the Ministry of Defense or Ministry of the Interior of Guatemala during fiscal year 2022, the Secretary of Defense shall certify to the congressional defense committees that such ministries have made a credible commitment to use such equipment only for the uses for which they were intended. (b) Report on security cooperation with Northern Triangle countries (1) In general Not later than June 30, 2022, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (A) A description of any ongoing or planned security cooperation activities between the United States and the Northern Triangle countries focused on protection of human rights and adherence to the rule of law. (B) A description of efforts to investigate credible information on gross violations of human rights by the military or national security forces of the governments of Northern Triangle countries since January 1, 2017, consistent with applicable law, including the possible use in committing such violations of defense articles provided by the United States. (2) Form The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (c) GAO report (1) Not later than June 30, 2022, the Comptroller General shall submit to the congressional defense committees a report containing an evaluation of the Department of Defense’s end-use monitoring procedures for tracking credible information regarding the misuse by Northern Triangle countries of equipment provided by the Department of Defense, including— (A) the Department’s review of any credible information related to the misuse of Department of Defense-provided vehicles to Northern Triangle countries since 2018; and (B) a description of any remediation activities undertaken by the Department of Defense and Northern Triangle countries in response to any such misuse. (d) Strategic evaluation of security cooperation with Northern Triangle countries (1) In general Not later than March 31, 2022, the Secretary of Defense shall enter into an agreement with an appropriate federally funded research and development center to complete an evaluation, not later than June 30, 2024, of Department of Defense security cooperation programs in United States Southern Command area of responsibility that includes— (A) how such programs in general and in Northern Triangle countries in particular advance U.S. Southern Command’s Theater Campaign Plan; (B) how such programs in general and in Northern Triangle countries in particular promote the rule of law and human rights in the United States Southern Command area of responsibility; (C) how such programs in general and in Northern Triangle countries in particular advance the objectives of the National Defense Strategy; and (D) any other matters the Secretary deems appropriate. (2) Report The Secretary of Defense shall submit to the congressional defense committees a report that includes the evaluation completed by the federally funded research and development center selected pursuant to paragraph (1) within 30 days of receiving such evaluation. (3) Form The report required by subsection (2) shall be submitted in unclassified form and posted on the Department of Defense’s public website, but may contain a classified annex. (e) Northern Triangle countries defined In this section, the term Northern Triangle countries means El Salvador, Guatemala, and Honduras. 1337. Report on human rights in Colombia (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report that includes the following: (1) A detailed summary of the security cooperation relationship between the United States and Colombia, including a description of United States objectives, any ongoing or planned security cooperation activities with the military or other security forces of Colombia, an assessment of the capabilities of the military or other security forces of Colombia, and a description of the capabilities of the military or other security forces of Colombia that the Department of Defense has identified as a priority for further capability building efforts. (2) A description of any ongoing or planned cooperative activities between the United States and Colombia focused on human rights and adherence to the rule of law, and a description of the manner and extent to which the security cooperation strategy between the United States and Colombia seeks to build the institutional capacity of the Colombian military or other Colombian security forces to respect human rights and encourage accountability. (b) Definition In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean (a) Report Not later than June 30, 2022, the Secretary of State, in coordination with the Secretary of Defense and in consultation with the heads of other appropriate Federal departments and agencies, as necessary, shall submit to the appropriate congressional committees a report that identifies efforts by the Government of the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean through diplomatic, military, economic, and other means, and describes the implications of such efforts on the national defense and security interests of the United States. (b) Elements The report required by subsection (a) shall also include the following: (1) An identification of— (A) the countries of Latin America and the Caribbean with which the Government of the People’s Republic of China maintains especially close diplomatic, military, and economic relationships; (B) the number and contents of strategic partnership agreements or similar agreements, including any non-public, secret, or informal agreements, that the Government of the People’s Republic of China has established with countries and regional organizations of Latin America and the Caribbean; (C) the countries of Latin America and the Caribbean that have joined the Belt and Road Initiative or the Asian Infrastructure Investment Bank; (D) the countries of Latin America and the Caribbean to which the Government of the People’s Republic of China provides foreign assistance or disaster relief (including access to COVID–19 vaccines), including a description of the amount and purpose of, and any conditions attached to, such assistance; (E) countries and regional organizations of Latin America and the Caribbean in which the Government of the People’s Republic of China, including its state-owned or state-directed enterprises and banks, have undertaken significant investments, or infrastructure projects, and correspondent banking and lending activities, at the regional, national, or subnational levels; (F) recent visits by senior officials of the Government of the People’s Republic of China, including its state-owned or state-directed enterprises, to Latin America and the Caribbean, and visits by senior officials from Latin America and the Caribbean to the People’s Republic of China; (G) the existence of any defense exchanges, military or police education or training, and exercises between any military or police organization of the Government of the People’s Republic of China and military, police, or security-oriented organizations of countries of Latin America and the Caribbean; (H) countries and regional organizations of Latin America and the Caribbean that maintain diplomatic relations with Taiwan; and (I) any steps that the Government of the People’s Republic of China has taken to encourage countries and regional organizations of Latin America and the Caribbean to switch diplomatic relations to the People’s Republic of China instead of Taiwan. (2) A detailed description of— (A) the relationship between the Government of the People’s Republic of China and the Government of Venezuela and the Government of Cuba; (B) military installations, assets, and activities of the Government of the People’s Republic of China in Latin America and the Caribbean that currently exist or are planned for the future; (C) sales or transfers of defense articles and services by the Government of the People’s Republic of China to countries of Latin America and the Caribbean; (D) a comparison of sales and transfers of defense articles and services to countries of Latin America and the Caribbean by the Government of the People’s Republic of China, the Russian Federation, and the United States; (E) any other form of military, paramilitary, or security cooperation between the Government of the People’s Republic of China and the governments of countries of Latin America and the Caribbean; (F) the nature, extent, and purpose of the Government of the People’s Republic of China’s intelligence activities in Latin America and the Caribbean; (G) the role of the Government of the People’s Republic of China in transnational crime in Latin America and the Caribbean, including trafficking and money laundering, as well as any links to the People’s Liberation Army; (H) efforts by the Government of the People’s Republic of China to expand the reach and influence of its financial system within Latin America and the Caribbean, through banking activities and payments systems and through goods and services related to the use of the digital yuan; and (I) efforts by the Government of the People’s Republic of China to build its media presence in Latin America and the Caribbean, and any government-directed disinformation or information warfare campaigns in the region, including for military purposes or with ties to the People’s Liberation Army. (3) An assessment of— (A) the specific objectives that the Government of the People’s Republic of China seeks to achieve by expanding its presence and influence in Latin America and the Caribbean, including any objectives articulated in official documents or statements; (B) whether certain investments by the Government of the People’s Republic of China, including in port projects, canal projects, and telecommunications projects in Latin America and the Caribbean, could have military uses or dual use capability or could enable the Government of the People’s Republic of China to monitor or intercept United States or host nation communications; (C) the degree to which the Government of the People’s Republic of China uses its presence and influence in Latin America and the Caribbean to encourage, pressure, or coerce governments in the region to support its defense and national security goals, including policy positions taken by the Government of the People’s Republic of China at international institutions; (D) documented instances of governments of countries of Latin America and the Caribbean silencing, or attempting to silence, local critics of the Government of the People’s Republic of China, including journalists, academics, and civil society representatives, in order to placate the Government of the People’s Republic of China; (E) the rationale for the Government of the People’s Republic of China becoming an observer at the Organization of American States; (F) the relationship between the Government of the People’s Republic of China and the Community of Latin American and Caribbean States (CELAC), a regional organization that excludes the United States, and the role of the China-CELAC Forum in coordinating such relationship; and (G) the specific actions and activities undertaken by the Government of the People’s Republic of China in Latin America and the Caribbean that present the greatest threat or challenge to the United States’ defense and national security interests in the region. (4) Any other matters the Secretary of State determines is appropriate. (c) Form The report required by subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex. (d) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. (2) The terms Latin America and the Caribbean and countries of Latin America and the Caribbean mean the countries and non-United States territories of South America, Central America, the Caribbean, and Mexico. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen Section 1273(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1699) is amended by striking two-year period and inserting four-year period. 1340. Statement of policy and report on Yemen (a) Statement of policy It is the policy of the United States— (1) to continue to support and further efforts to bring an end to the conflict in Yemen; (2) to support efforts so that United States defense articles and services are not used for military operations resulting in civilian casualties; and (3) to work with allies and partners to address the ongoing humanitarian needs of Yemeni civilians. (b) Report (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on whether the Government of Saudi Arabia has undertaken offensive airstrikes inside Yemen in the preceding year resulting in civilian casualties. (2) Matters to be included The report required by this subsection shall include the following: (A) A full description of any such airstrikes, including a detailed accounting of civilian casualties incorporating information from non-governmental sources. (B) An identification of Government of Saudi Arabia air units responsible for any such airstrikes. (C) A description of aircraft and munitions used in any such airstrikes. (3) Form The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex if necessary. (4) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises (a) In general None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2022 may be used by the Secretary of Defense to support the participation of the military forces of the Kingdom of Morocco in any multilateral exercise administered by the Department of Defense unless the Secretary determines, in consultation with the Secretary of State, that the Kingdom of Morocco is committed to seeking a mutually acceptable political solution in Western Sahara. (b) Waiver The Secretary may waive application of the limitation under subsection (a) if the Secretary submits to the congressional defense committees a written determination and justification that the waiver is important to the national security interests of the United States. 1401. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501. 1402. Chemical Agents and Munitions Destruction, Defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501. 1404. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. 1405. Defense Health Program Funds are hereby authorized to be appropriated for fiscal year 2022 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501. 1411. Acquisition of strategic and critical materials from the national technology and industrial base The Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ) is amended— (1) in section 6(b)(2), by inserting to consult with producers and processors of such materials before to avoid ; (2) in section 12, by adding at the end the following new paragraph: (3) The term national technology and industrial base has the meaning given such term in section 2500 of title 10, United States Code. ; and (3) in section 15(a)— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) if domestic sources are unavailable to meet the requirements defined in paragraphs (1) through (4), by making efforts to prioritize the purchase of strategic and critical materials from the national technology and industrial base.. 1412. Authorization to loan materials in National Defense Stockpile Section 6 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98e ) is amended by adding at the end the following new subsection: (f) The President may loan stockpile materials to the Department of Energy or the military departments if the President— (1) has a reasonable assurance that stockpile materials of a similar or superior quantity and quality to the materials loaned will be returned to the stockpile or paid for; (2) notifies the congressional defense committees (as defined in section 101(a) of title 10, United States Code), in writing, not less than 30 days before making any such loan; and (3) includes in the written notification under paragraph (2) sufficient support for the assurance described in paragraph (1).. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $137,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. (b) Use of transferred funds For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500). 1414. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2022 from the Armed Forces Retirement Home Trust Fund the sum of $75,300,000 for the operation of the Armed Forces Retirement Home. 1501. Development of taxonomy of cyber capabilities (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a taxonomy of cyber capabilities, including software, hardware, middleware, code, other information technology, and accesses, designed for use in cyber effects operations. (b) Report (1) In general Not later than 30 days after the development of the taxonomy of cyber capabilities required under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report regarding such taxonomy. (2) Elements The report required under paragraph (1) shall include the following: (A) The definitions associated with each category contained within the taxonomy of cyber capabilities developed pursuant to subsection (a). (B) Recommendations for improved reporting mechanisms to Congress regarding such taxonomy of cyber capabilities, using amounts from the Cyberspace Activities Budget of the Department of Defense. (C) Recommendations for modifications to the notification requirement under section 396 of title 10, United States Code, in order that such notifications would include information relating to such taxonomy of cyber capabilities, including with respect to both physical and nonphysical cyber effects. (D) Any other elements the Secretary determines appropriate. 1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard Section 1651(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 32 U.S.C. 501 note) is amended by striking 2022 and inserting 2024. 1503. Modification of the Principal Cyber Advisor (a) In general Paragraph (1) of section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 2224 note) is amended to read as follows: (1) Designation (A) The Secretary shall designate, from among the personnel of the Office of the Under Secretary of Defense for Policy, a Principal Cyber Advisor to act as the principal advisor to the Secretary on military cyber forces and activities. (B) The Secretary may only designate an official under this paragraph if such official was appointed to the position in which such official serves by and with the advice and consent of the Senate.. (b) Designation of Deputy Principal Cyber Advisor Section 905(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended by striking Office of the Secretary of Defense and inserting Office of the Under Secretary of Defense for Policy. (c) Briefing Not later than 90 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on such recommendations as the Deputy Secretary may have for alternate reporting structures for the Principal Cyber Advisor and the Deputy Principal Cyber Advisor within the Office of the Under Secretary for Policy. 1504. Evaluation of Department of Defense cyber governance (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall complete an evaluation and review of the Department of Defense’s current cyber governance construct. (b) Scope The evaluation and review conducted pursuant to subsection (a) shall— (1) assess the performance of the Department of Defense in carrying out the pillars of the cyber strategy and lines of efforts established in the most recent cyber posture review, including— (A) conducting military cyberspace operations of offensive, defensive, and protective natures; (B) securely operating technologies associated with information networks, industrial control systems, operational technologies, weapon systems, and weapon platforms; and (C) enabling, encouraging, and supporting the security of international, industrial, and academic partners; (2) analyze and assess the current institutional constructs across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and responsible for the execution of and civilian oversight for the responsibilities specified in paragraph (1); (3) analyze and assess the delineation of responsibilities within the current institutional construct within the Office of the Secretary of Defense for addressing the objectives of the 2018 Department of Defense Cyber Strategy and any superseding strategies, as well as identifying potential seams in responsibility; (4) examine the Department’s policy, legislative, and regulatory regimes related to cyberspace and cybersecurity matters, including the 2018 Department of Defense Cyber Strategy and any superseding strategies, for sufficiency in carrying out the responsibilities specified in paragraph (1); (5) examine the Office of the Secretary of Defense’s current alignment for the integration and coordination of cyberspace activities with other aspects of information operations, including information warfare and electromagnetic spectrum operations; (6) examine the current roles and responsibilities of each Principal Staff Assistant to the Secretary of Defense as such relate to the responsibilities specified in paragraph (1), and identify redundancy, duplication, or matters requiring deconfliction or clarification; (7) evaluate and, as appropriate, implement relevant managerial innovation from the private sector in the management of complex missions, including enhanced cross-functional teaming; (8) evaluate the state of collaboration among each Principal Staff Assistant in matters related to acquisition of cyber capabilities and other enabling technologies supporting the responsibilities specified in paragraph (1); (9) analyze and assess the Department’s performance in and posture for building and retaining the requisite workforce necessary to perform the responsibilities specified in paragraph (1); (10) determine optimal governance structures related to the management and advancement of the Department’s cyber workforce, including those structures defined under and evaluated pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and section 1726 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); (11) develop policy and legislative recommendations, as appropriate, to delineate and deconflict the roles and responsibilities of United States Cyber Command in defending and protecting the Department of Defense Information Network (DoDIN), with the responsibility of the Chief Information Officer, the Defense Information Systems Agency, and the military services to securely operate technologies described in paragraph (1)(B); (12) develop policy and legislative recommendations to enhance the authority of the Chief Information Officers within the military services, specifically as such relates to executive and budgetary control over matters related to such services’ information technology security, acquisition, and value; (13) develop policy and legislative recommendations, as appropriate, for optimizing the institutional constructs across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and responsible for the responsibilities specified in paragraph (1); and (14) make recommendations for any legislation determined appropriate. (c) Interim briefings Not later than 90 days after the commencement of the evaluation and review conducted pursuant to subsection (a) and every 30 days thereafter, the Secretary of Defense shall brief the congressional defense committees on interim findings of such evaluation and review. (d) Report Not later than 30 days after the completion of the evaluation and review conducted pursuant to subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on such evaluation and review. 1505. Operational technology and mission-relevant terrain in cyberspace (a) Mission-relevant terrain Not later than January 1, 2025, the Secretary of Defense shall complete mapping of mission-relevant terrain in cyberspace for Defense Critical Assets and Task Critical Assets at sufficient granularity to enable mission thread analysis and situational awareness, including required— (1) decomposition of missions reliant on such Assets; (2) identification of access vectors; (3) internal and external dependencies; (4) topology of networks and network segments; (5) cybersecurity defenses across information and operational technology on such Assets; and (6) identification of associated or reliant weapon systems. (b) Combatant command responsibilities Not later than January 1, 2024, the Commanders of United States European Command, United States Indo-Pacific Command, United States Northern Command, United States Strategic Command, United States Space Command, United States Transportation Command, and other relevant Commands, in coordination with the Commander of United States Cyber Command, in order to enable effective mission thread analysis, cyber situational awareness, and effective cyber defense of Defense Critical Assets and Task Critical Assets under their control or in their areas of responsibility, shall develop, institute, and make necessary modifications to— (1) internal combatant command processes, responsibilities, and functions; (2) coordination with service components under their operational control, United States Cyber Command, Joint Forces Headquarters-Department of Defense Information Network, and the service cyber components; (3) combatant command headquarters’ situational awareness posture to ensure an appropriate level of cyber situational awareness of the forces, facilities, installations, bases, critical infrastructure, and weapon systems under their control or in their areas of responsibility, including, in particular, Defense Critical Assets and Task Critical Assets; and (4) documentation of their mission-relevant terrain in cyberspace. (c) Department of Defense Chief Information Officer responsibilities (1) In general Not later than November 1, 2023, the Chief Information Officer of the Department of Defense shall establish or make necessary changes to policy, control systems standards, risk management framework and authority to operate policies, and cybersecurity reference architectures to provide baseline cybersecurity requirements for operational technology in forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network. (2) Implementation of policies The Chief Information Officer of the Department of Defense shall leverage acquisition guidance, concerted assessment of the Department’s operational technology enterprise, and coordination with the military department principal cyber advisors and chief information officers to drive necessary change and implementation of relevant policy across the Department’s forces, facilities, installations, bases, critical infrastructure, and weapon systems. (3) Additional responsibilities The Chief Information Officer of the Department of Defense shall ensure that policies, control systems standards, and cybersecurity reference architectures— (A) are implementable by components of the Department; (B) limit adversaries’ ability to reach or manipulate control systems through cyberspace; (C) appropriately balance non-connectivity and monitoring requirements; (D) include data collection and flow requirements; (E) interoperate with and are informed by the operational community’s workflows for defense of information and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department; (F) integrate and interoperate with Department mission assurance construct; and (G) are implemented with respect to Defense Critical Assets and Task Critical Assets. (d) United States Cyber Command operational responsibilities Not later than January 1, 2025, the Commander of United States Cyber Command shall make necessary modifications to the mission, scope, and posture of Joint Forces Headquarters-Department of Defense Information Network to ensure that Joint Forces Headquarters— (1) has appropriate visibility of operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets and Task Critical Assets; (2) can effectively command and control forces to defend such operational technology; and (3) has established processes for— (A) incident and compliance reporting; (B) ensuring compliance with Department of Defense cybersecurity policy; and (C) ensuring that cyber vulnerabilities, attack vectors, and security violations, including, in particular, those specific to Defense Critical Assets and Task Critical Assets, are appropriately managed. (e) United States Cyber Command functional responsibilities Not later than January 1, 2025, the Commander of United States Cyber Command shall— (1) ensure in its role of Joint Forces Trainer for the Cyberspace Operations Forces that operational technology cyber defense is appropriately incorporated into training for the Cyberspace Operations Forces; (2) delineate the specific force composition requirements within the Cyberspace Operations Forces for specialized cyber defense of operational technology, including the number, size, scale, and responsibilities of defined Cyber Operations Forces elements; (3) develop and maintain, or support the development and maintenance of, a joint training curriculum for operational technology-focused Cyberspace Operations Forces; (4) support the Chief Information Officer of the Department of Defense as the Department’s senior official for the cybersecurity of operational technology under this section; (5) develop and institutionalize, or support the development and institutionalization of, tradecraft for defense of operational technology across local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces; (6) develop and institutionalize integrated concepts of operation, operational workflows, and cybersecurity architectures for defense of information and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets and Task Critical Assets, including— (A) deliberate and strategic sensoring of such Network and Assets; (B) instituting policies governing connections across and between such Network and Assets; (C) modelling of normal behavior across and between such Network and Assets; (D) engineering data flows across and between such Network and Assets; (E) developing local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces’ operational workflows and tactics, techniques, and procedures optimized for the designs, data flows, and policies of such Network and Assets; (F) instituting of model defensive cyber operations and Department of Defense Information Network operations tradecraft; and (G) integrating of such operations to ensure interoperability across echelons; and (7) advance the integration of the Department of Defense’s mission assurance, cybersecurity compliance, cybersecurity operations, risk management framework, and authority to operate programs and policies. (f) Service responsibilities Not later than January 1, 2025, the Secretaries of the military departments, through the service principal cyber advisors, chief information officers, the service cyber components, and relevant service commands, shall make necessary investments in operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network and the service-controlled forces responsible for defense of such operational technology to— (1) ensure that relevant local network and cybersecurity forces are responsible for defending operational technology across the forces, facilities, installations, bases, critical infrastructure, and weapon systems, including, in particular, Defense Critical Assets and Task Critical Assets; (2) ensure that relevant local operational technology-focused system operators, network and cybersecurity forces, mission defense teams and other service-retained forces, and cyber protection teams are appropriately trained, including through common training and use of cyber ranges, as appropriate, to execute the specific requirements of cybersecurity operations in operational technology; (3) ensure that all Defense Critical Assets and Task Critical Assets are monitored and defended by Cybersecurity Service Providers; (4) ensure that operational technology is appropriately sensored and appropriate cybersecurity defenses, including technologies associated with the More Situational Awareness for Industrial Control Systems Joint Capability Technology Demonstration, are employed to enable defense of Defense Critical Assets and Task Critical Assets; (5) implement Department of Defense Chief Information Officer policy germane to operational technology, including, in particular, with respect to Defense Critical Assets and Task Critical Assets; (6) plan for, designate, and train dedicated forces to be utilized in operational technology-centric roles across the military services and United States Cyber Command; and (7) ensure that operational technology, as appropriate, is not easily accessible via the internet and that cybersecurity investments accord with mission risk to and relevant access vectors for Defense Critical Assets and Task Critical Assets. (g) Office of the Secretary of Defense responsibilities Not later than January 1, 2023, the Secretary of Defense shall— (1) assess and finalize Office of the Secretary of Defense components’ roles and responsibilities for the cybersecurity of operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network; (2) assess the need to establish centralized or dedicated funding for remediation of cybersecurity gaps in operational technology across the Department of Defense Information Network; (3) make relevant modifications to the Department of Defense’s mission assurance construct, Mission Assurance Coordination Board, and other relevant bodies to drive— (A) prioritization of kinetic and non-kinetic threats to the Department’s missions and minimization of mission risk in the Department’s war plans; (B) prioritization of relevant mitigations and investments to harden and assure the Department’s missions and minimize mission risk in the Department’s war plans; and (C) completion of mission relevant terrain mapping of Defense Critical Assets and Task Critical Assets and population of associated assessment and mitigation data in authorized repositories; (4) make relevant modifications to the Strategic Cybersecurity Program; and (5) drive and provide oversight of the implementation of this section. (h) Budget rollout briefings (1) In general Beginning not later than 30 days after the date of the enactment of this Act, each of the Secretaries of the military departments, the Commander of United States Cyber Command, and the Chief Information Officer of the Department of Defense shall provide annual updates to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on activities undertaken and progress made to carry out this section. (2) Annual briefings Not later than one year after the date of the enactment of this Act and not less frequently than annually thereafter until January 1, 2024, the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition and Sustainment, the Chief Information Officer, and the Joint Staff J6, representing the combatant commands, shall individually or together provide briefings to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on activities undertaken and progress made to carry out this section. (i) Implementation (1) In general In implementing this section, the Secretary of Defense shall prioritize the cybersecurity and cyber defense of Defense Critical Assets and Task Critical Assets and shape cyber investments, policy, operations, and deployments to ensure cybersecurity and cyber defense. (2) Application This section shall apply to assets owned and operated by the Department of Defense, as well as to applicable non-Department assets essential to the projection, support, and sustainment of military forces and operations worldwide. (j) Definition In this section: (1) Mission-relevant terrain in cyberspace mission-relevant terrain in cyberspace has the meaning given such term as specified in Joint Publication 6-0. (2) Operational technology The term operational technology means control systems or controllers, communication architectures, and user interfaces that monitor or control infrastructure and equipment operating in various environments, such as weapon systems, utility or energy production and distribution, or medical, logistics, nuclear, biological, chemical, or manufacturing facilities. 1506. Matters concerning cyber personnel requirements (a) In general The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense, in consultation with Secretaries of the military departments and the head of any other organization or element of the Department the Secretary determines appropriate, shall— (1) determine the overall workforce requirement of the Department for cyberspace and information warfare military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel, and in doing so shall— (A) consider personnel in positions securing the Department of Defense Information Network and associated enterprise information technology, defense agencies and field activities, and combatant commands, including current billets primarily associated with the Department of Defense Cyber Workforce Framework; (B) consider the mix between military and civilian personnel, active and reserve components, and the use of the National Guard; (C) develop a talent management strategy that covers accessions, training, and education; and (D) consider such other elements as the Secretary determines appropriate; (2) assess current and future cyber education curriculum and requirements for military and civilian personnel, including— (A) acquisition personnel; (B) accessions and recruits to the military services; (C) cadets and midshipmen at the military service academies and enrolled in the Senior Reserve Officers’ Training Corps; (D) information environment and cyberspace military and civilian personnel; and (E) non-information environment cyberspace military and civilian personnel; (3) identify appropriate locations for information warfare and cyber education for military and civilian personnel, including— (A) the military service academies; (B) the senior level service schools and intermediate level service schools specified in section 2151(b) of title 10, United States Code; (C) the Air Force Institute of Technology; (D) the National Defense University; (E) the Joint Special Operations University; (F) the Command and General Staff Colleges; (G) the War Colleges; (H) any military education institution attached to or operating under any institution specified in this paragraph; (I) any other military educational institution of the Department identified by the Secretary for purposes of this section; (J) the Cyber Centers of Academic Excellence; and (K) potential future educational institutions of the Federal Government in accordance with the assessment required under subsection (b); and (4) determine— (A) whether the cyberspace domain mission requires a graduate level professional military education college on par with and distinct from the war colleges for the Army, Navy, and Air Force as in existence on the day before the date of the enactment of this Act; (B) whether such a college should be joint; and (C) where such a college should be located. (b) Assessment In identifying appropriate locations for information warfare and cyber education for military and civilian personnel at potential future educational institutions of the Federal Government pursuant to subsection (a)(3)(K), the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense, in consultation with Secretaries of the military departments, the head of any other organization or element of the Department the Secretary determines appropriate, the Secretary of Homeland Security, and the National Cyber Director, shall assess the feasibility and advisability of establishing a National Cyber Academy or similar institute for the purpose of educating and training civilian and military personnel for service in cyber, information, and related fields throughout the Federal Government. (c) Reports required (1) Education Not later than November 1, 2022, the Secretary of Defense shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than January 1, 2023, the Secretary shall submit to such committees a report, on— (A) talent strategy to satisfy future cyber education requirements at appropriate locations referred to in subsection (a)(3); and (B) the findings of the Secretary in assessing cyber education curricula and identifying such locations. (2) Workforce Not later than November 1, 2024, the Secretary of Defense shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than January 1, 2025, the Secretary shall submit to such committees a report, on— (A) the findings of the Secretary in determining pursuant to subsection (a)(1) the overall workforce requirement of the Department of Defense for cyberspace and information warfare military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel; (B) such recommendations as the Secretary may have relating to such requirement; and (C) such legislative or administrative action as the Secretary identifies as necessary to effectively satisfy such requirement. (d) Education described In this section, the term education includes formal education requirements, such as degrees and certification in targeted subject areas, as well as general training, including— (1) upskilling; (2) knowledge, skills, and abilities; and (3) nonacademic professional development. 1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command (a) Assignment of responsibilities (1) In general The Commander of United States Cyber Command shall, subject to the authority, direction, and control of the Principal Cyber Advisor of the Department of Defense, be responsible for directly controlling and managing the planning, programming, budgeting, and execution of resources to train, equip, operate, and sustain the Cyber Mission Forces. (2) Effective date and applicability Paragraph (1) shall take effect on the date of the enactment of this Act and apply— (A) on January 1, 2022, for controlling and managing budget execution; and (B) beginning with fiscal year 2024 and each fiscal year thereafter for directly controlling and managing the planning, programming, budgeting, and execution of resources. (b) Elements (1) In general The responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall include the following: (A) Preparation of a program objective memorandum and budget estimate submission for the resources required to train, equip, operate, and sustain the Cyber Mission Forces. (B) Preparation of budget materials pertaining to United States Cyber Command for inclusion in the budget justification materials that are submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code) that is separate from any other military service or component of the Department. (2) Responsibilities not delegated The responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall not include the following: (A) Military pay and allowances. (B) Funding for facility support that is provided by the military services. (c) Implementation plan (1) In general Not later than the date that is 30 days after the date of the enactment of this Act, the Comptroller General of the Department of Defense and the Commander of United States Cyber Command, in coordination with Chief Information Officer of the Department, the Principal Cyber Advisor, the Under Secretary of Defense for Acquisition and Sustainment, Cost Assessment and Program Evaluation, and the Secretaries of the military departments, shall jointly develop an implementation plan for the transition of responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1). (2) Elements The implementation plan developed under paragraph (1) shall include the following: (A) A budgetary review to identify appropriate resources for transfer to the Commander of United States Cyber Command for carrying out responsibilities assigned pursuant to subsection (a)(1). (B) Definitions of appropriate roles and responsibilities. (C) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element for which the Commander of United States Cyber Command is responsible. (D) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element relevant to or that support the Cyber Mission Force for which the Secretaries of the military departments are responsible. (E) Required levels of civilian and military staffing within United States Cyber Command to carry out subsection (a)(1), and an estimate of when such levels of staffing will be achieved. (d) Briefing (1) In general Not later than the earlier of the date on which the implementation plan under subsection (c) is developed or the date that is 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the implementation plan. (2) Elements The briefing required by paragraph (1) shall address any recommendations for when and how the Secretary of Defense should delegate to the Commander of United States Cyber Command budget authority for the Cyber Operations Forces (as such term is defined in the memorandum issued by the Secretary of Defense on December 12, 2019, relating to the definition of Department of Defense Cyberspace Operations Forces (DoD COF) ), after successful implementation of the responsibilities described in subsection (a) relating to the Cyber Mission Forces. 1508. Coordination between United States Cyber Command and private sector (a) Voluntary process Not later than January 1, 2023, the Commander of United States Cyber Command shall establish a voluntary process to engage with private sector information technology and cybersecurity entities to explore and develop methods and plans through which the capabilities, knowledge, and actions of— (1) private sector entities operating inside the United States to defend against foreign malicious cyber actors could assist, or be coordinated with, the actions of United States Cyber Command operating outside the United States against such foreign malicious cyber actors; and (2) United States Cyber Command operating outside the United States against foreign malicious cyber actors could assist, or be coordinated with, the actions of private sector entities operating inside the United States against such foreign malicious cyber actors. (b) Annual briefing (1) In general During the period beginning on March 1, 2022, and ending on March 1, 2026, the Commander of United States Cyber Command shall, not less frequently than once each year, provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the status of any activities conducted pursuant to subsection (a). (2) Elements Each briefing provided under paragraph (1) shall include the following: (A) Such recommendations for legislative or administrative action as the Commander of United States Cyber Command considers appropriate to improve and facilitate the exploration and development of methods and plans under subsection (a). (B) Such recommendations as the Commander may have for increasing private sector participation in such exploration and development. (C) A description of the challenges encountered in carrying out subsection (a), including any concerns expressed to the Commander by private sector partners regarding participation in such exploration and development. (D) Information relating to how such exploration and development with the private sector could assist military planning by United States Cyber Command. (E) Such other matters as the Commander considers appropriate. (c) Consultation In developing the process described in subsection (a), the Commander of United States Cyber Command shall consult with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and the heads of any other Federal agencies the Commander considers appropriate. (d) Integration with other efforts The Commander of United States Cyber Command shall ensure that the process described in subsection (a) makes use of, builds upon, and, as appropriate, integrates with and does not duplicate, other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following: (1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency. (2) The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency. (3) The office for joint cyber planning of the Department of Homeland Security. (e) Protection of trade secrets and proprietary information The Commander of United States Cyber Command shall ensure that any trade secret or proprietary information of a private sector entity engaged with the Department of Defense through the process established under subsection (a) that is made known to the Department pursuant to such process remains private and protected unless otherwise explicitly authorized by such entity. (f) Rule of construction Nothing in this section may be construed to authorize United States Cyber Command to conduct operations inside the United States or for private sector entities to conduct offensive cyber activities outside the United States, except to the extent such operations or activities are permitted by a provision of law in effect on the day before the date of the enactment of this Act. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities (a) Assessment of cyber posture of adversaries and operational assumptions of United States Government (1) In general Not later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command, the Under Secretary of Defense for Policy, and the Under Secretary of Defense for Intelligence and Security, shall jointly sponsor or conduct an assessment, including, if appropriate, a war-game or tabletop exercise, of the current and emerging offensive and defensive cyber posture of adversaries of the United States and the current operational assumptions and plans of the Armed Forces for offensive cyber operations during potential crises or conflict. (2) Elements The assessment required under paragraph (1) shall include consideration of the following: (A) Changes to strategies, operational concepts, operational preparation of the environment, and rules of engagement. (B) Opportunities provided by armed forces in theaters of operations and other innovative alternatives. (C) Changes in intelligence community (as such term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) targeting and operations in support of the Department of Defense. (D) Adversary capabilities to deny or degrade United States activities in cyberspace. (E) Adversaries’ targeting of United States critical infrastructure and implications for United States policy. (F) Potential effect of emerging technologies, such as fifth generation mobile networks, expanded use of cloud information technology services, and artificial intelligence. (G) Changes in Department of Defense organizational design. (H) The effect of private sector cybersecurity research. (F) Adequacy of intelligence support to cyberspace operations by Combat Support Agencies and Service Intelligence Centers. (b) Development of targeting strategies, supporting capabilities, and operational concepts (1) In general Not later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command shall— (A) assess and establish the capabilities, capacities, tools, and tactics required to support targeting strategies for— (i) day-to-day persistent engagement of adversaries, including support to information operations; (ii) support to geographic combatant commanders at the onset of hostilities and during sustained conflict; and (iii) deterrence of attacks on United States critical infrastructure, including the threat of counter value responses; (B) develop future cyber targeting strategies and capabilities across the categories of cyber missions and targets with respect to which— (i) time-consuming and human effort-intensive stealthy operations are required to acquire and maintain access to targets, and the mission is so important it is worthwhile to expend such efforts to hold such targets at risk; (ii) target prosecution requires unique access and exploitation tools and technologies, and the target importance justifies the efforts, time, and expense relating thereto; (iii) operational circumstances do not allow for and do not require spending the time and human effort required for stealthy, nonattributable, and continuous access to targets; (iv) capabilities are needed to rapidly prosecute targets that have not been previously planned and that can be accessed and exploited using known, available tools and techniques; and (v) targets may be prosecuted with the aid of automated techniques to achieve speed, mass, and scale; (C) develop strategies for appropriate utilization of Cyber Mission Teams in support of combatant command objectives as— (i) adjuncts to or substitutes for kinetic operations; or (ii) independent means to achieve novel tactical, operational, and strategic objectives; and (D) develop collection and analytic support strategies for the service intelligence centers to assist operations by United States Cyber Command and the Service Cyber Components. (2) Briefing required (A) In general Not later than 30 days after the date on which all activities required under paragraph (1) have been completed, the Commander of United States Cyber Command shall provide the congressional defense committees a briefing on such activities. (B) Elements The briefing provided pursuant to subparagraph (A) shall include the following: (i) Recommendations for such legislative or administrative action as the Commander of United States Cyber Command considers necessary to address capability shortcomings. (ii) Plans to address such capability shortcomings. (c) Country-specific access strategies (1) In general Not later than one year after the date on which all activities required under subsection (b)(1) have been completed, the Commander of United States Cyber Command shall complete development of country-specific access strategies for the Russian Federation, the People’s Republic of China, the Democratic People’s Republic of Korea, and the Islamic Republic of Iran. (2) Elements Each country-specific access strategy developed under paragraph (1) shall include the following: (A) Specification of desired and required— (i) outcomes; (ii) cyber warfighting architecture, including— (I) tools and redirectors; (II) access platforms; and (III) data analytics, modeling, and simulation capacity; (iii) specific means to achieve and maintain persistent access and conduct command and control and exfiltration against hard targets and in operationally challenging environments across the continuum of conflict; (iv) intelligence, surveillance, and reconnaissance support; (v) operational partnerships with allies; (vi) rules of engagement; (vii) personnel, training, and equipment; and (viii) targeting strategies, including strategies that do not demand deliberate targeting and precise access to achieve effects; and (B) recommendations for such policy or resourcing changes as the Commander of United States Cyber Command considers appropriate to address access shortfalls. (3) Consultation required The Commander of United States Cyber Command shall develop the country-specific access strategies under paragraph (1) independently but in consultation with the following: (A) The Director of the National Security Agency. (B) The Director of the Central Intelligence Agency. (C) The Director of the Defense Advanced Research Projects Agency. (D) The Director of the Strategic Capabilities Office. (E) The Under Secretary of Defense for Policy. (F) The Principal Cyber Advisor to the Secretary of Defense. (G) The Commanders of all other combatant commands. (4) Briefing Upon completion of the country-specific access strategies under paragraph (1), the Commander of United States Cyber Command shall provide the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a briefing on such strategies. (d) Definition In this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ). 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure (a) Comprehensive assessment and recommendations required Not later than 180 days after the date of enactment of this section, the Secretary of Defense shall— (1) conduct a comprehensive assessment of the policy, capacity, and capabilities of the Department of Defense to diminish and defend the United States from the threat of ransomware attacks, including— (A) an assessment of the current and potential threats and risks to national and economic security posed by— (i) large-scale and sophisticated criminal cyber enterprises that provide large-scale and sophisticated cyber attack capabilities and infrastructure used to conduct ransomware attacks; and (ii) organizations that conduct or could conduct ransomware attacks or other attacks that use the capabilities and infrastructure described in clause (i) on a large scale against important assets and systems in the United States, including critical infrastructure; (B) an assessment of— (i) the threat posed to the Department of Defense Information Network and the United States by the large-scale and sophisticated criminal cyber enterprises, capabilities, and infrastructure described in subparagraph (A); and (ii) the current and potential role of United States Cyber Command in addressing the threat referred to in clause (i) including— (I) the threshold at which United States Cyber Command should respond to such a threat; and (II) the capacity for United States Cyber Command to respond to such a threat without harmful effects on other United States Cyber Command missions; (C) an identification of the current and potential Department efforts, processes, and capabilities to deter and counter the threat referred to in subparagraph (B)(i), including through offensive cyber effects operations; (D) an assessment of the application of the defend forward and persistent engagement operational concepts and capabilities of the Department to deter and counter the threat of ransomware attacks against the United States; (E) a description of the efforts of the Department in interagency processes, and joint collaboration with allies and partners of the United States, to address the growing threat from large-scale and sophisticated criminal cyber enterprises that conduct ransomware attacks and could conduct attacks with other objectives; (F) a determination of the extent to which the governments of countries in which large-scale and sophisticated criminal cyber enterprises are principally located are tolerating the activities of such enterprises, have interactions with such enterprises, could direct their operations, and could suppress such enterprises; (G) an assessment as to whether the large-scale and sophisticated criminal cyber enterprises described in subparagraph (F) are perfecting and practicing attack techniques and capabilities at scale that can be co-opted and placed in the service of the country in which such enterprises are principally located; and (H) identification of such legislative or administrative action as may be necessary to more effectively counter the threat of ransomware attacks; and (2) develop recommendations for the Department to build capabilities to develop and execute innovative methods to deter and counter the threat of ransomware attacks prior to and in response to the launching of such attacks. (b) Briefing Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the comprehensive assessment completed under paragraph (1) of subsection (a) and the recommendations developed under paragraph (2) of such subsection. (c) Definition In this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ). 1511. Comparative analysis of cybersecurity capabilities (a) Comparative analysis required Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer and the Director of Cost Assessment and Program Evaluation (CAPE) of the Department of Defense, in consultation with the Principal Cyber Advisor to the Secretary of Defense and the Chief Information Officers of each of the military departments, shall jointly sponsor a comparative analysis, to be conducted by the Director of the National Security Agency and the Director of the Defense Information Systems Agency, of the following: (1) The cybersecurity tools, applications, and capabilities offered as options on enterprise software agreements for cloud-based productivity and collaboration suites, such as is offered under the Defense Enterprise Office Solution and Enterprise Software Agreement contracts with Department of Defense components, relative to the cybersecurity tools, applications, and capabilities that are currently deployed in, or required by, the Department to conduct— (A) asset discovery; (B) vulnerability scanning; (C) conditional access (also known as comply-to-connect ); (D) event correlation; (E) patch management and remediation; (F) endpoint query and control; (G) endpoint detection and response; (H) data rights management; (I) data loss prevention; (J) data tagging; (K) data encryption; (L) security information and event management; and (M) security orchestration, automation, and response. (2) The identity, credential, and access management (ICAM) system, and associated capabilities to enforce the principle of least privilege access, offered as an existing option on an enterprise software agreement described in paragraph (1), relative to— (A) the requirements of such system described in the Zero Trust Reference Architecture of the Department; and (B) the requirements of such system under development by the Defense Information Systems Agency. (3) The artificial intelligence and machine-learning capabilities associated with the tools, applications, and capabilities described in paragraphs (1) and (2), and the ability to host Government or third-party artificial intelligence and machine-learning algorithms pursuant to contracts referred to in paragraph (1) for such tools, applications, and capabilities. (4) The network consolidation and segmentation capabilities offered on the enterprise software agreements described in paragraph (1) relative to capabilities projected in the Zero Trust Reference Architecture. (5) The automated orchestration and interoperability among the tools, applications, and capabilities described in paragraphs (1) through (4). (b) Elements of comparative analysis The comparative analysis conducted under subsection (a) shall include an assessment of the following: (1) Costs. (2) Performance. (3) Sustainment. (4) Scalability. (5) Training requirements. (6) Maturity. (7) Human effort requirements. (8) Speed of integrated operations. (9) Ability to operate on multiple operating systems and in multiple cloud environments. (10) Such other matters as the Chief Information Officer and the Director of Cost Assessment and Program Evaluation consider appropriate. (c) Briefing required Not later than 30 days after the date on which the comparative analysis required under subsection (a) is completed, the Chief Information Officer and the Director of Cost Assessment and Program Evaluation (CAPE) of the Department of Defense shall jointly provide the congressional defense committees with a briefing on the findings of the Chief Information Officer and the Director with respect to such analysis, together with such recommendations for legislative or administrative action as the Chief Information Officer and the Director may have with respect to the matters covered by such analysis. 1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services Section 2012 of title 10, United States Code is amended— (1) in subsection (e)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: (3) Owners and operators of critical infrastructure (as such term is defined in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) )). ; and (2) in subsection (f), by adding at the end the following new paragraph: (5) Procedures to ensure that assistance provided to an entity specified in subsection (e)(3) is provided in a manner that is consistent with similar assistance provided under authorities applicable to other Federal departments and agencies, including the authorities of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security pursuant to title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ).. 1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure (a) Report required Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the National Cyber Director, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that provides recommendations on how the Department of Defense can improve support and assistance to the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to increase awareness of cyber threats and vulnerabilities affecting information technology and networks supporting critical infrastructure within the United States, including critical infrastructure of the Department and critical infrastructure relating to the defense of the United States. (b) Elements of report The report required by subsection (a) shall— (1) assess and identify areas in which the Department of Defense could provide support or assistance, including through information sharing and voluntary network monitoring programs, to the Cybersecurity and Infrastructure Security Agency to expand or increase technical understanding and awareness of cyber threats and vulnerabilities affecting critical infrastructure; (2) identify and assess any legal, policy, organizational, or technical barriers to carrying out paragraph (1); (3) assess and describe any legal or policy changes necessary to enable the Department to carry out paragraph (1) while preserving privacy and civil liberties; (4) assess and describe the budgetary and other resource effects on the Department of carrying out paragraph (1); and (5) provide a notional time-phased plan, including milestones, to enable the Department to carry out paragraph (1). (c) Critical infrastructure defined In this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ). 1521. Enterprise-wide procurement of cyber data products and services (a) Program Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall designate an executive agent for Department of Defense-wide procurement of cyber data products and services. The executive agent shall establish a program management office responsible for such procurement, and the program manager of such program office shall be responsible for the following: (1) Surveying components of the Department for the cyber data products and services needs of such components. (2) Conducting market research of cyber data products and services. (3) Developing or facilitating development of requirements, both independently and through consultation with components, for the acquisition of cyber data products and services. (4) Developing and instituting model contract language for the acquisition of cyber data products and services, including contract language that facilitates components’ requirements for ingesting, sharing, using and reusing, structuring, and analyzing data derived from such products and services. (5) Conducting procurement of cyber data products and services on behalf of the Department of Defense, including negotiating contracts with a fixed number of licenses based on aggregate component demand and negotiation of extensible contracts. (6) Carrying out the responsibilities specified in paragraphs (1) through (5) with respect to the cyber data products and services needs of the Cyberspace Operations Forces, such as cyber data products and services germane to cyberspace topology and identification of adversary threat activity and infrastructure, including— (A) facilitating the development of cyber data products and services requirements for the Cyberspace Operations Forces, conducting market research regarding the future cyber data products and services needs of the Cyberspace Operations Forces, and conducting acquisitions pursuant to such requirements and market research; (B) coordinating cyber data products and services acquisition and management activities with Joint Cyber Warfighting Architecture acquisition and management activities, including activities germane to data storage, data management, and development of analytics; (C) implementing relevant Department of Defense and United States Cyber Command policy germane to acquisition of cyber data products and services; (D) leading or informing the integration of relevant datasets and services, including Government-produced threat data, commercial cyber threat information, collateral telemetry data, topology-relevant data, sensor data, and partner-provided data; and (E) facilitating the development of tradecraft and operational workflows based on relevant cyber data products and services. (b) Coordination In implementing this section, each component of the Department of Defense shall coordinate its cyber data products and services requirements and potential procurement plans relating to such products and services with the program management office established pursuant to subsection (a) so as to enable such office to determine if satisfying such requirements or procurement of such products and services on an enterprise-wide basis would serve the best interests of the Department. (c) Prohibition Beginning not later than 540 days after the date of the enactment of this Act, no component of the Department of Defense may independently procure a cyber data product or service that has been procured by the program management office established pursuant to subsection (a), unless— (1) such component is able to procure such product or service at a lower per-unit price than that available through such office; or (2) such office has approved such independent purchase. (d) Exception United States Cyber Command and the National Security Agency may conduct joint procurements of products and services, including cyber data products and services, except that the requirements of subsections (b) and (c) shall not apply to the National Security Agency. (e) Definition In this section, the term cyber data products and services means commercially-available datasets and analytic services germane to offensive cyber, defensive cyber, and DODIN operations, including products and services that provide technical data, indicators, and analytic services relating to the targets, infrastructure, tools, and tactics, techniques, and procedures of cyber threats. 1522. Legacy information technologies and systems accountability (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each initiate efforts to identify legacy applications, software, and information technology within their respective Departments and eliminate any such application, software, or information technology that is no longer required. (b) Specifications To carry out subsection (a), that Secretaries of the Army, Navy, and Air Force shall each document the following: (1) An identification of the applications, software, and information technologies that are considered active or operational, but which are judged to no longer be required by the respective Department. (2) Information relating to the sources of funding for the applications, software, and information technologies identified pursuant to paragraph (1). (3) An identification of the senior official responsible for each such application, software, or information technology. (4) A plan to discontinue use and funding for each such application, software, or information technology. (c) Exemption Any effort substantially similar to that described in subsections (a) and (b) that is being carried out by the Secretary of the Army, Navy, or Air Force as of the date of the enactment of this Act and completed not later 180 days after such date shall be treated as satisfying the requirements under such subsections. (d) Report Not later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each submit to the congressional defense committees the documentation required under subsection (b). 1523. Update relating to responsibilities of Chief Information Officer Paragraph (1) of section 142(b) of title 10, United States Code, is amended— (1) in subparagraphs (A), (B), and (C), by striking (other than with respect to business management) each place it appears; and (2) by amending subparagraph (D) to read as follows: (D) exercises authority, direction, and control over the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, funded through the Information Systems Security Program;. 1524. Protective Domain Name System within the Department of Defense (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall ensure each component of the Department of Defense uses a Protective Domain Name System (PDNS) instantiation offered by the Department. (b) Exemptions The Secretary of Defense may exempt a component of the Department from using a PDNS instantiation for any reason except with respect to cost or technical application. (c) Report to Congress Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes information relating to— (1) each component of the Department of Defense that uses a PDNS instantiation offered by the Department; (2) each component exempt from using a PDNS instantiation pursuant to subsection (b); and (3) efforts to ensure that each PDNS instantiation offered by the Department connects and shares relevant and timely data. 1525. Cybersecurity of weapon systems Section 1640 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2224 note), is amended by adding at the end the following new subsection: (f) Annual reports Not later than August 30, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the congressional defense committees a report on the work of the Program, including information relating to staffing and accomplishments.. 1526. Assessment of controlled unclassified information program Section 1648 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note), is amended— (1) in subsection (a), by striking February 1, 2020 and inserting 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; and (2) in subsection (b), by amending paragraph (4) to read as follows: (4) Definitions for Controlled Unclassified Information (CUI) and For Official Use Only (FOUO), policies regarding protecting information designated as either of such, and an explanation of the DoD CUI Program and Department of Defense compliance with the responsibilities specified in Department of Defense Instruction (DoDI) 5200.48, Controlled Unclassified Information (CUI), including the following: (A) The extent to which the Department of Defense is identifying whether information is CUI via a contracting vehicle and marking documents, material, and media containing such information in a clear and consistent manner. (B) Recommended regulatory or policy changes to ensure consistency and clarity in CUI identification and marking requirements. (C) Circumstances under which commercial information is considered CUI, and any impacts to the commercial supply chain associated with security and marking requirements pursuant to this paragraph. (D) Benefits and drawbacks of requiring all CUI to be marked with a unique CUI legend, versus requiring that all data marked with an appropriate restricted legend be handled as CUI. (E) The extent to which the Department of Defense clearly delineates Federal Contract Information (FCI) from CUI. (F) Examples or scenarios to illustrate information that is and is not CUI.. 1527. Cyber data management (a) In general The Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief Information Officer and the Chief Data Officer of the Department of Defense, and the Chairman of the Joint Chiefs of Staff, shall— (1) access, acquire, and use mission-relevant data to support offensive cyber, defensive cyber, and DODIN operations from the intelligence community, other elements of the Department of Defense, and the private sector; (2) develop policy, processes, and operating procedures governing the access, ingest, structure, storage, analysis, and combination of mission-relevant data, including— (A) intelligence data; (B) internet traffic, topology, and activity data; (C) cyber threat information; (D) Department of Defense Information Network sensor, tool, routing infrastructure, and endpoint data; and (E) other data management and analytic platforms pertinent to United States Cyber Command missions that align with the principles of Joint All Domain Command and Control; (3) pilot efforts to develop operational workflows and tactics, techniques, and procedures for the operational use of mission-relevant data by the Cyberspace Operations Forces; and (4) evaluate data management platforms used to carry out paragraphs (1), (2), and (3) to ensure such platforms operate consistently with the Deputy Secretary of Defense’s Data Decrees signed on May 5, 2021. (b) Roles and responsibilities (1) In general Not later than 270 days after the date of the enactment of this Act, the Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief Information Officer and Chief Data Officer of the Department of Defense, and the Chairman of the Joint Chiefs of Staff, shall establish the specific roles and responsibilities of the following in implementing each of the tasks required under subsection (a): (A) United States Cyber Command. (B) Program offices responsible for the components of the Joint Cyber Warfighting Architecture. (C) The military services. (D) Entities in the Office of the Secretary of Defense. (E) Any other program office, headquarters element, or operational component newly instantiated or determined relevant by the Secretary. (2) Briefing Not later than 300 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the roles and responsibilities established under paragraph (1). 1528. Zero trust strategy, principles, model architecture, and implementation plans (a) In general Not later than 270 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall jointly develop a zero trust strategy, principles, and a model architecture to be implemented across the Department of Defense Information Network, including classified networks, operational technology, and weapon systems. (b) Strategy, principles, and model architecture elements The zero trust strategy, principles, and model architecture required under subsection (a) shall include, at a minimum, the following elements: (1) Prioritized policies and procedures for establishing implementations of mature zero trust enabling capabilities within on-premises, hybrid, and pure cloud environments, including access control policies that determine which persona or device shall have access to which resources and the following: (A) Identity, credential, and access management. (B) Macro and micro network segmentation, whether in virtual, logical, or physical environments. (C) Traffic inspection. (D) Application security and containment. (E) Transmission, ingest, storage, and real-time analysis of cybersecurity metadata endpoints, networks, and storage devices. (F) Data management, data rights management, and access controls. (G) End-to-end encryption. (H) User access and behavioral monitoring, logging, and analysis. (I) Data loss detection and prevention methodologies. (J) Least privilege, including system or network administrator privileges. (K) Endpoint cybersecurity, including secure host, endpoint detection and response, and comply-to-connect requirements. (L) Automation and orchestration. (M) Configuration management of virtual machines, devices, servers, routers, and similar to be maintained on a single virtual device approved list (VDL). (2) Policies specific to operational technology, critical data, infrastructures, weapon systems, and classified networks. (3) Specification of enterprise-wide acquisitions of capabilities conducted or to be conducted pursuant to the policies referred to in paragraph (2). (4) Specification of standard zero trust principles supporting reference architectures and metrics-based assessment plan. (5) Roles, responsibilities, functions, and operational workflows of zero trust cybersecurity architecture and information technology personnel— (A) at combatant commands, military services, and defense agencies; and (B) Joint Forces Headquarters-Department of Defense Information Network. (c) Architecture development and implementation In developing and implementing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall— (1) coordinate with— (A) the Principal Cyber Advisor to the Secretary of Defense; (B) the Director of the National Security Agency Cybersecurity Directorate; (C) the Director of the Defense Advanced Research Projects Agency; (D) the Chief Information Officer of each military service; (E) the Commanders of the cyber components of the military services; (F) the Principal Cyber Advisor of each military service; (G) the Chairman of the Joints Chiefs of Staff; and (H) any other component of the Department of Defense as determined by the Chief Information Officer and the Commander; (2) assess the utility of the Joint Regional Security Stacks, automated continuous endpoint monitoring program, assured compliance assessment solution, and each of the defenses at the Internet Access Points for their relevance and applicability to the zero trust architecture and opportunities for integration or divestment; (3) employ all available resources, including online training, leveraging commercially available zero trust training material, and other Federal agency training, where feasible, to implement cybersecurity training on zero trust at the— (A) executive level; (B) cybersecurity professional or implementer level; and (C) general knowledge levels for Department of Defense users; (4) facilitate cyber protection team and cybersecurity service provider threat hunting and discovery of novel adversary activity; (5) assess and implement means to effect Joint Force Headquarters-Department of Defense Information Network’s automated command and control of the entire Department of Defense Information Network; (6) assess the potential of and, as appropriate, encourage, use of third-party cybersecurity-as-a-service models; (7) engage with and conduct outreach to industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to deployment of zero trust architectures; (8) assess the current Comply-to-Connect Plan; and (9) review past and conduct additional pilots to guide development, including— (A) utilization of networks designated for testing and accreditation under section 1658 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note); (B) use of automated red team products for assessment of pilot architectures; and (C) accreditation of piloted cybersecurity products for enterprise use in accordance with the findings on enterprise accreditation standards conducted pursuant to section 1654 of such Act ( Public Law 116–92 ). (d) Implementation plans (1) In general Not later than one year after the finalization of the zero trust strategy, principles, and model architecture required under subsection (a), the head of each military department and the head of each component of the Department of Defense shall transmit to the Chief Information Officer of the Department and the Commander of Joint Forces Headquarters-Department of Defense Information Network a draft plan to implement such zero trust strategy, principles, and model architecture across the networks of their respective components and military departments. (2) Elements Each implementation plan transmitted pursuant to paragraph (1) shall include, at a minimum, the following: (A) Specific acquisitions, implementations, instrumentations, and operational workflows to be implemented across unclassified and classified networks, operational technology, and weapon systems. (B) A detailed schedule with target milestones and required expenditures. (C) Interim and final metrics, including a phase migration plan. (D) Identification of additional funding, authorities, and policies, as may be required. (E) Requested waivers, exceptions to Department of Defense policy, and expected delays. (e) Implementation oversight (1) In general The Chief Information Officer of the Department of Defense shall— (A) assess the implementation plans transmitted pursuant to subsection (d)(1) for— (i) adequacy and responsiveness to the zero trust strategy, principles, and model architecture required under subsection (a); and (ii) appropriate use of enterprise-wide acquisitions; (B) ensure, at a high level, the interoperability and compatibility of individual components’ Solutions Architectures, including the leveraging of enterprise capabilities where appropriate through standards derivation, policy, and reviews; (C) use the annual investment guidance of the Chief to ensure appropriate implementation of such plans, including appropriate use of enterprise-wide acquisitions; (D) track use of waivers and exceptions to policy; (E) use the Cybersecurity Scorecard to track and drive implementation of Department components; and (F) leverage the authorities of the Commander of Joint Forces Headquarters-Department of Defense Information Network and the Director of the Defense Information Systems Agency to begin implementation of such zero trust strategy, principles, and model architecture. (2) Assessments of funding Not later than March 31, 2024, and annually thereafter, each Principal Cyber Advisor of a military service shall include in the annual budget certification of such military service, as required by section 1657(d) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note), an assessment of the adequacy of funding requested for each proposed budget for the purposes of carrying out the implementation plan for such military service under subsection (d)(1). (f) Initial briefings (1) On model architecture Not later than 90 days after finalizing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information Officer of the Department of Defense and the Commander of Joint Forces Headquarters-Department of Defense Information Network shall provide to the congressional defense committees a briefing on such zero trust strategy, principles, and model architecture. (2) On implementation plans Not later than 90 days after the receipt by the Chief Information Officer of the Department of Defense of an implementation plan transmitted pursuant to subsection (d)(1), the secretary of a military department, in the case of an implementation plan pertaining to a military department or a military service, or the Chief Information Officer of the Department, in the case of an implementation plan pertaining to a remaining component of the Department, as the case may be, shall provide to the congressional defense committees a briefing on such implementation plan. (g) Annual briefings Effective February 1, 2022, at each of the annual cybersecurity budget review briefings of the Chief Information Officer of the Department of Defense and the military services for congressional staff, until January 1, 2030, the Chief Information Officer and the head of each of the military services shall provide updates on the implementation in their respective networks of the zero trust strategy, principles, and model architecture. 1529. Demonstration program for automated security validation tools (a) Demonstration program required Not later than October 1, 2024, the Chief Information Officer of the Department of Defense, acting through the Director of the Defense Information Systems Agency of the Department, shall complete a demonstration program to demonstrate and assess an automated security validation capability to assist the Department by— (1) mitigating cyber hygiene challenges; (2) supporting ongoing efforts of the Department to assess weapon systems resiliency; (3) quantifying enterprise security effectiveness of enterprise security controls, to inform future acquisition decisions of the Department; (4) assisting portfolio managers with balancing capability costs and capability coverage of the threat landscape; and (5) supporting the Department’s Cybersecurity Analysis and Review threat framework. (b) Considerations In developing capabilities for the demonstration program required under subsection (a), the Chief Information Officer shall consider— (1) integration into automated security validation tools of advanced commercially available threat intelligence; (2) metrics and scoring of security controls; (3) cyber analysis, cyber campaign tracking, and cybersecurity information sharing; (4) integration into cybersecurity enclaves and existing cybersecurity controls of security instrumentation and testing capability; (5) endpoint sandboxing; and (6) use of actual adversary attack methodologies. (c) Coordination with military services In carrying out the demonstration program required under subsection (a), the Chief Information Officer, acting through the Director of the Defense Information Systems Agency, shall coordinate demonstration program activities with complementary efforts on-going within the military services, defense agencies, and field agencies. (d) Independent capability assessment In carrying out the demonstration program required under subsection (a), the Chief Information Officer, acting through the Director of the Defense Information Systems Agency and in coordination with the Director, Operational Test and Evaluation, shall perform operational testing to evaluate the operational effectiveness, suitability, and cybersecurity of the capabilities developed under the demonstration program. (e) Briefing (1) Initial briefing Not later than April 1, 2022, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the plans and status of the Chief Information Officer with respect to the demonstration program required under subsection (a). (2) Final briefing Not later than October 31, 2024, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the results and findings of the Chief Information Officer with respect to the demonstration program required under subsection (a). 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters Section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking one or more consortia and inserting a consortium ; and (B) in paragraph (1), by striking or consortia ; (2) in subsection (b), by striking or consortia ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) Designation of administrative chair The Secretary of Defense shall designate the National Defense University College of Information and Cyberspace to function as the administrative chair of the consortium established pursuant to subsection (a). ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (D) in paragraph (2), as so redesignated— (i) in the matter preceding subparagraph (A)— (I) by striking Each administrative and inserting The administrative ; and (II) by striking a consortium and inserting the consortium ; and (ii) in subparagraph (A), by striking for the term specified by the Secretary under paragraph (1) ; and (E) by amending paragraph (3), as so redesignated, to read as follows: (3) Executive committee The Secretary, in consultation with the administrative chair, may form an executive committee for the consortium that is comprised of representatives of the Federal Government to assist the chair with the management and functions of the consortium. ; and (4) by amending subsection (d) to read as follows: (d) Consultation The Secretary shall meet with such members of the consortium as the Secretary considers appropriate, not less frequently than twice each year or at such periodicity as is agreed to by the Secretary and the consortium.. 1531. Digital development infrastructure plan and working group (a) Plan required Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the working group established under subsection (d)(1), shall develop a plan for the establishment of a modern information technology infrastructure that supports state of the art tools and modern processes to enable effective and efficient development, testing, fielding, and continuous updating of artificial intelligence-capabilities. (b) Contents of plan The plan developed pursuant to subsection (a) shall include at a minimum the following: (1) A technical plan and guidance for necessary technical investments in the infrastructure described in subsection (a) that address critical technical issues, including issues relating to common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure. (2) A governance structure, together with associated policies and guidance, to support the implementation throughout the Department of such plan. (3) Identification and minimum viable instantiations of prototypical development and platform environments with such infrastructure, including enterprise data sets assembled under subsection (e). (c) Harmonization with departmental efforts The plan developed pursuant to subsection (a) shall include a description of the aggregated and consolidated financial and personnel requirements necessary to implement each of the following Department of Defense documents: (1) The Department of Defense Digital Modernization Strategy. (2) The Department of Defense Data Strategy. (3) The Department of Defense Cloud Strategy. (4) The Department of Defense Software Modernization Strategy. (5) The Department-wide software science and technology strategy required under section 255 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 2223a note). (6) The Department of Defense Artificial Intelligence Data Initiative. (7) The Joint All-Domain Command and Control Strategy. (8) Such other documents as the Secretary determines appropriate. (d) Working group (1) Establishment Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group on digital development infrastructure implementation to develop the plan required under subsection (a). (2) Membership The working group established under paragraph (1) shall be composed of individuals selected by the Secretary of Defense to represent each of the following: (A) The Office of Chief Data Officer (CDO). (B) The Component Offices of Chief Information Officer and Chief Digital Officer. (C) The Joint Artificial Intelligence Center (JAIC). (D) The Office of the Under Secretary of Defense for Research & Engineering (OUSD (R&E)). (E) The Office of the Under Secretary of Defense for Acquisition & Sustainment (OUSD (A&S)). (F) The Office of the Under Secretary of Defense for Intelligence & Security (OUSD (I&S)). (G) Service Acquisition Executives. (H) The Office of the Director of Operational Test and Evaluation (DOT&E). (I) The office of the Director of the Defense Advanced Research Projects Agency (DARPA). (J) Digital development infrastructure programs, including the appropriate activities of the military services and defense agencies. (K) Such other officials of the Department of Defense as the Secretary determines appropriate. (3) Chairperson The chairperson of the working group established under paragraph (1) shall be the Chief Information Officer of the Department of Defense, or such other official as the Secretary of Defense considers appropriate. (4) Consultation The working group shall consult with such experts outside of the Department of Defense as the working group considers necessary to develop the plan required under subsection (a). (e) Strategic data node To enable efficient access to enterprise data sets referred to in subsection (b)(3) for users with authorized access, the Secretary of Defense shall assemble such enterprise data sets in the following areas: (1) Human resources. (2) Budget and finance. (3) Acquisition. (4) Logistics. (5) Real estate. (6) Health care. (7) Such other areas as the Secretary considers appropriate. (f) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the development of the plan required under subsection (a). 1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a study regarding the need, feasibility, and advisability of establishing within the Department of Defense a designated central program office responsible for overseeing covered academic engagement programs across the Department. Such study shall examine the following: (1) Whether the Department’s cyber-focused academic engagement needs more coherence, additional coordination, or improved management, and whether a designated central program office would provide such benefits. (2) How such a designated central program office would coordinate and harmonize Department programs relating to covered academic engagement programs. (3) Metrics such office would use to measure the effectiveness of covered academic engagement programs. (4) Whether such an office is necessary to serve as an identifiable entry point to the Department by the academic community. (5) Whether the cyber discipline with respect to academic engagement should be treated separately from other STEM fields. (6) How such an office would interact with the consortium universities (established pursuant to section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 391 note)) to assist the Secretary on cybersecurity matters. (7) Whether the establishment of such an office would have an estimated net savings for the Department. (b) Consultation In conducting the study required under subsection (a), the Secretary of Defense shall consult with and solicit recommendations from academic institutions and stakeholders, including primary, secondary, and post-secondary educational institutions. (c) Determination (1) In general Upon completion of the study required under subsection (a), the Secretary of Defense shall make a determination regarding the establishment within the Department of Defense of a designated central program office responsible for overseeing covered academic engagement programs across the Department. (2) Implementation If the Secretary of Defense makes an affirmative determination in accordance with paragraph (1), the Secretary shall establish within the Department of Defense a designated central program office responsible for overseeing covered academic programs across the Department. Not later than 180 days after such a determination, the Secretary shall promulgate such rules and regulations as are necessary to so establish such an office. (3) Negative determination If the Secretary of Defense makes a negative determination in accordance with paragraph (1), the Secretary shall submit to the congressional defense committees notice of such determination, together with a justification for such determination. Such justification shall include— (A) how the Secretary intends to coordinate and harmonize covered academic engagement programs; and (B) measures to determine effectiveness of covered academic engagement programs absent a designated central program office responsible for overseeing covered academic programs across the Department. (d) Report Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that updates the matters required for inclusion in the reports required pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and section 1726(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (e) Definition In this section, the term covered academic engagement program means each of the following: (1) Primary, secondary, or post-secondary education programs with a cyber focus. (2) Recruitment or retention programs for Department of Defense cyberspace personnel, including scholarship programs. (3) Academic partnerships focused on establishing cyber talent. (4) Cyber enrichment programs. 1533. Report on the Cybersecurity Maturity Model Certification program (a) Report required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the plans and recommendations of the Secretary for the Cyber Maturity Model Certification program. (b) Contents The report submitted under subsection (a) shall include the following: (1) The programmatic changes required in the Cyber Maturity Model Certification program to address the plans and recommendations of the Secretary of Defense referred to in such subsection. (2) The strategy of the Secretary for rulemaking for such program and the process for the Cybersecurity Maturity Model Certification rule. (3) The budget and resources required to support such program. (4) A plan for communication and coordination with the defense industrial base regarding such program. (5) The coordination needed within the Department of Defense and between Federal agencies for such program. (6) The applicability of such program requirements to universities and academic partners of the Department. (7) A plan for communication and coordination with such universities and academic partners regarding such program. (8) Plans and explicit public announcement of processes for reimbursement of cybersecurity compliance expenses for small and non-traditional businesses in the defense industrial base. (9) Plans for ensuring that persons seeking a Department contract for the first time are not required to expend funds to acquire cybersecurity capabilities and a certification required to perform under a contract as a precondition for bidding on such a contract without reimbursement in the event that such persons do not receive a contract award. (10) Clarification of roles and responsibilities of prime contractors for assisting and managing cybersecurity performance of subcontractors. (11) Such additional matters as the Secretary considers appropriate. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system Subsection (c) of section 499 of title 10, United States Code, is amended— (1) in the heading, by striking Report and inserting Reports ; (2) in paragraph (1), in the matter preceding subparagraph (A)— (A) by striking The Commanders and inserting For each assessment conducted under subsection (a), the Commanders ; and (B) by striking the assessment required by subsection (a) and inserting the assessment ; (3) in paragraph (2), by striking the report and inserting each report ; and (4) in paragraph (3)— (A) by striking The Secretary and inserting Not later than 90 days after the date of the submission of a report under paragraph (1), the Secretary ; and (B) by striking required by paragraph (1). 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems (a) In general Section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended— (1) in subsection (e)(1)— (A) in subparagraph (G), by striking and; after the semicolon; (B) in subparagraph (H), by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (I) activities of the Center address the security of both information technology and operational technology, including industrial control systems; ; and (2) by adding at the end the following new subsection: (q) Industrial control systems The Director shall maintain capabilities to identify and address threats and vulnerabilities to products and technologies intended for use in the automated control of critical infrastructure processes. In carrying out this subsection, the Director shall— (1) lead Federal Government efforts, in consultation with Sector Risk Management Agencies, as appropriate, to identify and mitigate cybersecurity threats to industrial control systems, including supervisory control and data acquisition systems; (2) maintain threat hunting and incident response capabilities to respond to industrial control system cybersecurity risks and incidents; (3) provide cybersecurity technical assistance to industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control system stakeholders to identify, evaluate, assess, and mitigate vulnerabilities; (4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control systems stakeholders; and (5) conduct such other efforts and assistance as the Secretary determines appropriate.. (b) Report to Congress Not later than 180 days after the date of the enactment of this Act and every six months thereafter during the subsequent 4-year period, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing on the industrial control systems capabilities of the Agency under section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by subsection (a). (c) GAO review Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall review implementation of the requirements of subsections (e)(1)(I) and (p) of section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by subsection (a), and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes findings and recommendations relating to such implementation. Such report shall include information on the following: (1) Any interagency coordination challenges to the ability of the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to lead Federal efforts to identify and mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(1) of such section. (2) The degree to which the Agency has adequate capacity, expertise, and resources to carry out threat hunting and incident response capabilities to mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(2) of such section, as well as additional resources that would be needed to close any operational gaps in such capabilities. (3) The extent to which industrial control system stakeholders sought cybersecurity technical assistance from the Agency pursuant to subsection (p)(3) of such section, and the utility and effectiveness of such technical assistance. (4) The degree to which the Agency works with security researchers and other industrial control systems stakeholders, pursuant to subsection (p)(4) of such section, to provide vulnerability information to the industrial control systems community. 1542. Cybersecurity vulnerabilities Section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and (B) by inserting after paragraph (3) the following new paragraph: (4) the term cybersecurity vulnerability has the meaning given the term security vulnerability in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 );. (2) in subsection (c)— (A) in paragraph (5)— (i) in subparagraph (A), by striking and after the semicolon at the end; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following new subparagraph: (B) sharing mitigation protocols to counter cybersecurity vulnerabilities pursuant to subsection (n), as appropriate; and ; and (iv) in subparagraph (C), as so redesignated, by inserting and mitigation protocols to counter cybersecurity vulnerabilities in accordance with subparagraph (B), as appropriate, before with Federal ; (B) in paragraph (7)(C), by striking sharing and inserting share ; and (C) in paragraph (9), by inserting mitigation protocols to counter cybersecurity vulnerabilities, as appropriate, after measures, ; (3) by redesignating subsection (o) as subsection (p); and (4) by inserting after subsection (n) following new subsection: (o) Protocols to counter certain cybersecurity vulnerabilities The Director may, as appropriate, identify, develop, and disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, including in circumstances in which such vulnerabilities exist because software or hardware is no longer supported by a vendor.. 1543. Report on cybersecurity vulnerabilities (a) Report Not later than one year after the date of the enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on how the Agency carries out subsection (n) of section 2209 of the Homeland Security Act of 2002 to coordinate vulnerability disclosures, including disclosures of cybersecurity vulnerabilities (as such term is defined in such section), and subsection (o) of such section to disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, that include the following: (1) A description of the policies and procedures relating to the coordination of vulnerability disclosures. (2) A description of the levels of activity in furtherance of such subsections (n) and (o) of such section 2209. (3) Any plans to make further improvements to how information provided pursuant to such subsections can be shared (as such term is defined in such section 2209) between the Department and industry and other stakeholders. (4) Any available information on the degree to which such information was acted upon by industry and other stakeholders. (5) A description of how privacy and civil liberties are preserved in the collection, retention, use, and sharing of vulnerability disclosures. (b) Form The report required under subsection (b) shall be submitted in unclassified form but may contain a classified annex. 1544. Competition relating to cybersecurity vulnerabilities The Under Secretary for Science and Technology of the Department of Homeland Security, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department, may establish an incentive-based program that allows industry, individuals, academia, and others to compete in identifying remediation solutions for cybersecurity vulnerabilities (as such term is defined in section 2209 of the Homeland Security Act of 2002) to information systems (as such term is defined in such section 2209) and industrial control systems, including supervisory control and data acquisition systems. 1545. Strategy Section 2210 of the Homeland Security Act of 2002 ( 6 U.S.C. 660 ) is amended by adding at the end the following new subsection: (e) Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments (1) In general (A) Requirement Not later than one year after the date of the enactment of this subsection, the Secretary, acting through the Director, shall, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, develop and make publicly available a Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments. (B) Recommendations and requirements The strategy required under subparagraph (A) shall provide recommendations relating to the ways in which the Federal Government should support and promote the ability of State, local, Tribal, and territorial governments to identify, mitigate against, protect against, detect, respond to, and recover from cybersecurity risks (as such term is defined in section 2209), cybersecurity threats, and incidents (as such term is defined in section 2209). (2) Contents The strategy required under paragraph (1) shall— (A) identify capability gaps in the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (B) identify Federal resources and capabilities that are available or could be made available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (C) identify and assess the limitations of Federal resources and capabilities available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents and make recommendations to address such limitations; (D) identify opportunities to improve the coordination of the Agency with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center, to improve— (i) incident exercises, information sharing and incident notification procedures; (ii) the ability for State, local, Tribal, and territorial governments to voluntarily adapt and implement guidance in Federal binding operational directives; and (iii) opportunities to leverage Federal schedules for cybersecurity investments under section 502 of title 40, United States Code; (E) recommend new initiatives the Federal Government should undertake to improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (F) set short-term and long-term goals that will improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; and (G) set dates, including interim benchmarks, as appropriate for State, local, Tribal, and territorial governments to establish baseline capabilities to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents. (3) Considerations In developing the strategy required under paragraph (1), the Director, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, shall consider— (A) lessons learned from incidents that have affected State, local, Tribal, and territorial governments, and exercises with Federal and non-Federal entities; (B) the impact of incidents that have affected State, local, Tribal, and territorial governments, including the resulting costs to such governments; (C) the information related to the interest and ability of state and non-state threat actors to compromise information systems (as such term is defined in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 )) owned or operated by State, local, Tribal, and territorial governments; and (D) emerging cybersecurity risks and cybersecurity threats to State, local, Tribal, and territorial governments resulting from the deployment of new technologies. (4) Exemption Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to any action to implement this subsection.. 1546. Cyber incident response plan Subsection (c) of section 2210 of the Homeland Security Act of 2002 ( 6 U.S.C. 660 ) is amended— (1) by striking regularly update and inserting update not less often than biennially ; and (2) by adding at the end the following new sentence: The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response.. 1547. National cyber exercise program (a) In general Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended by adding at the end the following new section: 2220B. National cyber exercise program (a) Establishment of program (1) In general There is established in the Agency the National Cyber Exercise Program (referred to in this section as the Exercise Program ) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. (2) Requirements (A) In general The Exercise Program shall be— (i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; (ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; (iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and (iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations. (B) Model exercise selection The Exercise Program shall— (i) include a selection of model exercises that government and private entities can readily adapt for use; and (ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that— (I) conform to the requirements described in subparagraph (A); (II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and (III) provide for systematic evaluation of readiness. (3) Consultation In carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. (b) Definitions In this section: (1) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (2) Private entity The term private entity has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (c) Rule of construction Nothing in this section shall be construed to affect the authorities or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748 ).. (b) Title XXII technical and clerical amendments (1) Technical amendments (A) Homeland Security Act of 2002 Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (i) in section 2202(c) ( 6 U.S.C. 652(c) )— (I) in paragraph (11), by striking and after the semicolon; (II) in the first paragraph (12) (relating to appointment of a Cybersecurity State Coordinator) by striking as described in section 2215; and and inserting as described in section 2217; ; (III) by redesignating the second paragraph (12) (relating to the.gov internet domain) as paragraph (13); and (IV) by redesignating the third paragraph (12) (relating to carrying out such other duties and responsibilities) as paragraph (14); (ii) in the first section 2215 ( 6 U.S.C. 665 ; relating to the duties and authorities relating to.gov internet domain), by amending the section enumerator and heading to read as follows: 2215. Duties and authorities relating to.gov internet domain ; (iii) in the second section 2215 ( 6 U.S.C. 665b ; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows: 2216. Joint cyber planning office ; (iv) in the third section 2215 ( 6 U.S.C. 665c ; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows: 2217. Cybersecurity State Coordinator ; (v) in the fourth section 2215 ( 6 U.S.C. 665d ; relating to Sector Risk Management Agencies), by amending the section enumerator and heading to read as follows: 2218. Sector Risk Management Agencies ; (vi) in section 2216 ( 6 U.S.C. 665e ; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: 2219. Cybersecurity Advisory Committee ; (vii) in section 2217 ( 6 U.S.C. 665f ; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: 2220. Cybersecurity Education and Training Programs ; and (viii) in section 2218 ( 6 U.S.C. 665g ; relating to the State and Local Cybersecurity Grant Program), by amending the section enumerator and heading to read as follows: 2220A. State and Local Cybersecurity Grant Program . (B) Consolidated Appropriations Act, 2021 Paragraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended, in the matter preceding subparagraph (A), by inserting of 2002 after Homeland Security Act. (2) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by striking the items relating to sections 2214 through 2218 and inserting the following new items: Sec. 2214. National Asset Database. Sec. 2215. Duties and authorities relating to.gov internet domain. Sec. 2216. Joint cyber planning office. Sec. 2217. Cybersecurity State Coordinator. Sec. 2218. Sector Risk Management Agencies. Sec. 2219. Cybersecurity Advisory Committee. Sec. 2220. Cybersecurity Education and Training Programs. Sec. 2220A. State and Local Cybersecurity Grant Program. Sec. 2220B. National cyber exercise program.. 2220B. National cyber exercise program (a) Establishment of program (1) In general There is established in the Agency the National Cyber Exercise Program (referred to in this section as the Exercise Program ) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. (2) Requirements (A) In general The Exercise Program shall be— (i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; (ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; (iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and (iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations. (B) Model exercise selection The Exercise Program shall— (i) include a selection of model exercises that government and private entities can readily adapt for use; and (ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that— (I) conform to the requirements described in subparagraph (A); (II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and (III) provide for systematic evaluation of readiness. (3) Consultation In carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. (b) Definitions In this section: (1) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (2) Private entity The term private entity has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (c) Rule of construction Nothing in this section shall be construed to affect the authorities or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748 ). 2215. Duties and authorities relating to.gov internet domain 2216. Joint cyber planning office 2217. Cybersecurity State Coordinator 2218. Sector Risk Management Agencies 2219. Cybersecurity Advisory Committee 2220. Cybersecurity Education and Training Programs 2220A. State and Local Cybersecurity Grant Program 1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency (a) In general Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is further amended by adding at the end the following new section: 2220C. CyberSentry program (a) Establishment There is established in the Agency a program, to be known as CyberSentry , to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions, upon request and subject to the consent of such owner or operator. (b) Activities The Director, through CyberSentry, shall— (1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of the Director and subject to the availability of resources, own or operate regionally or nationally significant industrial control systems that support national critical functions, in order to provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems that support such systems and detection of cybersecurity risks to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement and consent of such owner or operator; (2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to advise critical infrastructure owners and operators regarding mitigation measures and share information as appropriate; (3) identify cybersecurity risks in the information technology and information systems that support industrial control systems which could be exploited by adversaries attempting to gain access to such industrial control systems, and work with owners and operators to remediate such vulnerabilities; (4) produce aggregated, anonymized analytic products, based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners and operators; and (5) support activities authorized in accordance with section 1501 of the National Defense Authorization Act for Fiscal Year 2022. (c) Privacy review Not later than 180 days after the date of enactment of this section, the Privacy Officer of the Agency under section 2202(h) shall— (1) review the policies, guidelines, and activities of CyberSentry for compliance with all applicable privacy laws, including such laws governing the acquisition, interception, retention, use, and disclosure of communities; and (2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws. (d) Report to Congress Not later than one year after the date of the enactment of this section, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section. (e) Savings Nothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code. (f) Definitions In this section: (1) Cybersecurity risk The term cybersecurity risk has the meaning given such term in section 2209(a). (2) Industrial control system The term industrial control system means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes. (3) Information system The term information system has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 6 U.S.C. 1501(9) ). (g) Termination The authority to carry out a program under this section shall terminate on the date that is seven years after the date of the enactment of this section.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by adding after the item relating to section 2220B the following new item: Sec. 2220C. CyberSentry program.. (c) Continuous monitoring and detection Section 2209(c)(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended by inserting , which may take the form of continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions after mitigation, and remediation. 2220C. CyberSentry program (a) Establishment There is established in the Agency a program, to be known as CyberSentry , to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions, upon request and subject to the consent of such owner or operator. (b) Activities The Director, through CyberSentry, shall— (1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of the Director and subject to the availability of resources, own or operate regionally or nationally significant industrial control systems that support national critical functions, in order to provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems that support such systems and detection of cybersecurity risks to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement and consent of such owner or operator; (2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to advise critical infrastructure owners and operators regarding mitigation measures and share information as appropriate; (3) identify cybersecurity risks in the information technology and information systems that support industrial control systems which could be exploited by adversaries attempting to gain access to such industrial control systems, and work with owners and operators to remediate such vulnerabilities; (4) produce aggregated, anonymized analytic products, based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners and operators; and (5) support activities authorized in accordance with section 1501 of the National Defense Authorization Act for Fiscal Year 2022. (c) Privacy review Not later than 180 days after the date of enactment of this section, the Privacy Officer of the Agency under section 2202(h) shall— (1) review the policies, guidelines, and activities of CyberSentry for compliance with all applicable privacy laws, including such laws governing the acquisition, interception, retention, use, and disclosure of communities; and (2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws. (d) Report to Congress Not later than one year after the date of the enactment of this section, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section. (e) Savings Nothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code. (f) Definitions In this section: (1) Cybersecurity risk The term cybersecurity risk has the meaning given such term in section 2209(a). (2) Industrial control system The term industrial control system means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes. (3) Information system The term information system has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 6 U.S.C. 1501(9) ). (g) Termination The authority to carry out a program under this section shall terminate on the date that is seven years after the date of the enactment of this section. 1549. Strategic assessment relating to innovation of information systems and cybersecurity threats (a) Responsibilities of director Section 2202(c)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 652 ) is amended by striking the semicolon at the end and adding the following: , including by carrying out a periodic strategic assessment of the related programs and activities of the Agency to ensure such programs and activities contemplate the innovation of information systems and changes in cybersecurity risks and cybersecurity threats; (b) Report (1) In general Not later than 240 days after the date of the enactment of this Act and not fewer than once every three years thereafter, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a strategic assessment for the purposes described in paragraph (2). (2) Purposes The purposes described in this paragraph are the following: (A) A description of the existing programs and activities administered in furtherance of section 2202(c)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 652 ). (B) An assessment of the capability of existing programs and activities administered by the Agency in furtherance of such section to monitor for, manage, mitigate, and defend against cybersecurity risks and cybersecurity threats. (C) An assessment of past or anticipated technological trends or innovation of information systems or information technology that have the potential to affect the efficacy of the programs and activities administered by the Agency in furtherance of such section. (D) A description of any changes in the practices of the Federal workforce, such as increased telework, affect the efficacy of the programs and activities administered by the Agency in furtherance of section 2202(c)(3). (E) A plan to integrate innovative security tools, technologies, protocols, activities, or programs to improve the programs and activities administered by the Agency in furtherance of such section. (F) A description of any research and development activities necessary to enhance the programs and activities administered by the Agency in furtherance of such section. (G) A description of proposed changes to existing programs and activities administered by the Agency in furtherance of such section, including corresponding milestones for implementation. (H) Information relating to any new resources or authorities necessary to improve the programs and activities administered by the Agency in furtherance of such section. (c) Definitions In this section: (1) The term Agency means the Cybersecurity and Infrastructure Security Agency. (2) The term cybersecurity purpose has the meaning given such term in section 102(4) of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501(4) ). (3) The term cybersecurity risk has the meaning given such term in section 2209(a)(2) of the Homeland Security Act of 2002 (U.S.C. 659(a)(2)). (4) The term information system has the meaning given such term in section 3502(8) of title 44, United States Code. (5) The term information technology has the meaning given such term in 3502(9) of title 44, United States Code. (6) The term telework has the meaning given the term in section 6501(3) of title 5, United States Code. 1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations (a) Pilot required Not later than one year after the date of the enactment of this Act, the Secretary, acting through the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and in coordination with the Secretary of Defense and the National Cyber Director, shall commence a pilot program to assess the feasibility and advisability of entering into public-private partnerships with internet ecosystem companies to facilitate, within the bounds of applicable provisions of law and such companies’ terms of service, policies, procedures, contracts, and other agreements, actions by such companies to discover and disrupt use by malicious cyber actors of the platforms, systems, services, and infrastructure of such companies. (b) Public-private partnerships (1) In general In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into one or more public-private partnerships with internet ecosystem companies. (2) Voluntary participation (A) In general Participation by an internet ecosystem company in a public-private partnership under the pilot program, including in any activity described in subsection (c), shall be voluntary. (B) Prohibition No funds appropriated by any Act may be used to direct, pressure, coerce, or otherwise require that any internet ecosystem company take any action on their platforms, systems, services, or infrastructure as part of the pilot program. (c) Authorized activities In carrying out the pilot program under subsection (a), the Secretary may— (1) provide assistance to a participating internet ecosystem company to develop effective know-your-customer processes and requirements; (2) provide information, analytics, and technical assistance to improve the ability of participating companies to detect and prevent illicit or suspicious procurement, payment, and account creation on their own platforms, systems, services, or infrastructure; (3) develop and socialize best practices for the collection, retention, and sharing of data by participating internet ecosystem companies to support discovery of malicious cyber activity, investigations, and attribution on the platforms, systems, services, or infrastructure of such companies; (4) provide to participating internet ecosystem companies actionable, timely, and relevant information, such as information about ongoing operations and infrastructure, threats, tactics, and procedures, and indicators of compromise, to enable such companies to detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies; (5) provide recommendations for (but not design, develop, install, operate, or maintain) operational workflows, assessment and compliance practices, and training that participating internet ecosystem companies can implement to reliably detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies; (6) provide recommendations for accelerating, to the greatest extent practicable, the automation of existing or implemented operational workflows to operate at line-rate in order to enable real-time mitigation without the need for manual review or action; (7) provide recommendations for (but not design, develop, install, operate, or maintain) technical capabilities to enable participating internet ecosystem companies to collect and analyze data on malicious activities occurring on the platforms, systems, services, or infrastructure of such companies to detect and disrupt operations of malicious cyber actors; and (8) provide recommendations regarding relevant mitigations for suspected or discovered malicious cyber activity and thresholds for action. (d) Competition concerns Consistent with section 1905 of title 18, United States Code, the Secretary shall ensure that any trade secret or proprietary information of a participating internet ecosystem company made known to the Federal Government pursuant to a public-private partnership under the pilot program remains private and protected unless explicitly authorized by such company. (e) Impartiality In carrying out the pilot program under subsection (a), the Secretary may not take any action that is intended primarily to advance the particular business interests of an internet ecosystem company but is authorized to take actions that advance the interests of the United States, notwithstanding differential impact or benefit to a given company’s or given companies’ business interests. (f) Responsibilities (1) Secretary of Homeland Security The Secretary shall exercise primary responsibility for the pilot program under subsection (a), including organizing and directing authorized activities with participating Federal Government organizations and internet ecosystem companies to achieve the objectives of the pilot program. (2) National Cyber Director The National Cyber Director shall support prioritization and cross-agency coordination for the pilot program, including ensuring appropriate participation by participating agencies and the identification and prioritization of key private sector entities and initiatives for the pilot program. (3) Secretary of Defense The Secretary of Defense shall provide support and resources to the pilot program, including the provision of technical and operational expertise drawn from appropriate and relevant officials and components of the Department of Defense, including the National Security Agency, United States Cyber Command, the Chief Information Officer, the Office of the Secretary of Defense, military department Principal Cyber Advisors, and the Defense Advanced Research Projects Agency. (g) Participation of other Federal Government components The Secretary may invite to participate in the pilot program required under subsection (a) the heads of such departments or agencies as the Secretary considers appropriate. (h) Integration with other efforts The Secretary shall ensure that the pilot program required under subsection (a) makes use of, builds upon, and, as appropriate, integrates with and does not duplicate other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following: (1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (2) The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency. (i) Rules of construction (1) Limitation on Government access to data Nothing in this section authorizes sharing of information, including information relating to customers of internet ecosystem companies or private individuals, from an internet ecosystem company to an agency, officer, or employee of the Federal Government unless otherwise authorized by another provision of law. (2) Stored Communications Act Nothing in this section may be construed to permit or require disclosure by a provider of a remote computing service or a provider of an electronic communication service to the public of information not otherwise permitted or required to be disclosed under chapter 121 of title 18, United States Code (commonly known as the Stored Communications Act ). (3) Third party customers Nothing in this section may be construed to require a third party, such as a customer or managed service provider of an internet ecosystem company, to participate in the pilot program under subsection (a). (j) Briefings (1) Initial (A) In general Not later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the pilot program required under subsection (a). (B) Elements The briefing required under subparagraph (A) shall include the following: (i) The plans of the Secretary for the implementation of the pilot program. (ii) Identification of key priorities for the pilot program. (iii) Identification of any potential challenges in standing up the pilot program or impediments, such as a lack of liability protection, to private sector participation in the pilot program. (iv) A description of the roles and responsibilities in the pilot program of each participating Federal entity. (2) Annual (A) In general Not later than two years after the date of the enactment of this Act and annually thereafter for three years, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the progress of the pilot program required under subsection (a). (B) Elements Each briefing required under subparagraph (A) shall include the following: (i) Recommendations for addressing relevant policy, budgetary, and legislative gaps to increase the effectiveness of the pilot program. (ii) Recommendations, such as providing liability protection, for increasing private sector participation in the pilot program. (iii) A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by internet ecosystem companies regarding participation in the pilot program. (iv) The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program. (v) Such other matters as the Secretary considers appropriate. (k) Termination The pilot program required under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act. (l) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives. (2) Internet ecosystem company The term internet ecosystem company means a business incorporated in the United States that provides cybersecurity services, internet service, content delivery services, Domain Name Service, cloud services, mobile telecommunications services, email and messaging services, internet browser services, or such other services as the Secretary determines appropriate for the purposes of the pilot program under subsection (a). (3) Secretary The term Secretary means the Secretary of Homeland Security. 1551. United States-Israel cybersecurity cooperation (a) Grant program (1) Establishment The Secretary, in accordance with the agreement entitled the Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters , dated May 29, 2008 (or successor agreement), and the requirements specified in paragraph (2), shall establish a grant program at the Department to support— (A) cybersecurity research and development; and (B) demonstration and commercialization of cybersecurity technology. (2) Requirements (A) Applicability Notwithstanding section 317 of the Homeland Security Act of 2002 ( 6 U.S.C. 195c ), in carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, the Secretary shall require cost sharing in accordance with this paragraph. (B) Research and development (i) In general Except as provided in clause (ii), the Secretary shall require not less than 50 percent of the cost of a research, development, demonstration, or commercial application program or activity described in subparagraph (A) to be provided by a non-Federal source. (ii) Reduction The Secretary may reduce or eliminate, on a case-by-case basis, the percentage requirement specified in clause (i) if the Secretary determines that such reduction or elimination is necessary and appropriate. (C) Merit review In carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, awards shall be made only after an impartial review of the scientific and technical merit of the proposals for such awards has been carried out by or for the Department. (D) Review processes In carrying out a review under subparagraph (C), the Secretary may use merit review processes developed under section 302(14) of the Homeland Security Act of 2002 ( 6 U.S.C. 182(14) ). (3) Eligible applicants An applicant is eligible to receive a grant under this subsection if— (A) the project of such applicant— (i) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and (ii) is a joint venture between— (I) (aa) a for-profit business entity, academic institution, National Laboratory, or nonprofit entity in the United States; and (bb) a for-profit business entity, academic institution, or nonprofit entity in Israel; or (II) (aa) the Federal Government; and (bb) the Government of Israel; and (B) neither such applicant nor the project of such applicant pose a counterintelligence threat, as determined by the Director of National Intelligence. (4) Applications To be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for such grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (5). (5) Advisory board (A) Establishment The Secretary shall establish an advisory board to— (i) monitor the method by which grants are awarded under this subsection; and (ii) provide to the Secretary periodic performance reviews of actions taken to carry out this subsection. (B) Composition The advisory board established under subparagraph (A) shall be composed of three members, to be appointed by the Secretary, of whom— (i) one shall be a representative of the Federal Government; (ii) one shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and (iii) one shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation. (6) Contributed funds Notwithstanding section 3302 of title 31, United States Code, the Secretary may, only to the extent provided in advance in appropriations Acts, accept or retain funds contributed by any person, government entity, or organization for purposes of carrying out this subsection. Such funds shall be available, subject to appropriation, without fiscal year limitation. (7) Reports (A) Grant recipients Not later than 180 days after the date of completion of a project for which a grant is provided under this subsection, the grant recipient shall submit to the Secretary a report that contains— (i) a description of how the grant funds were used by the recipient; and (ii) an evaluation of the level of success of each project funded by the grant. (B) Secretary Not later than one year after the date of the enactment of this Act and annually thereafter until the grant program established under this subsection terminates, the Secretary shall submit to the Committees on Homeland Security and Governmental Affairs and Foreign Relations of the Senate and the Committees on Homeland Security and Foreign Affairs of the House of Representatives a report on grants awarded and projects completed under such program. (8) Classification Grants shall be awarded under this subsection only for projects that are considered to be unclassified by both the United States and Israel. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section not less than $6,000,000 for each of fiscal years 2022 through 2026. (c) Definitions In this section— (1) the term cybersecurity research means research, including social science research, into ways to identify, protect against, detect, respond to, and recover from cybersecurity threats; (2) the term cybersecurity technology means technology intended to identify, protect against, detect, respond to, and recover from cybersecurity threats; (3) the term cybersecurity threat has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ; enacted as title I of the Cybersecurity Act of 2015 (division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ))); (4) the term Department means the Department of Homeland Security; (5) the term National Laboratory has the meaning given such term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ); and (6) the term Secretary means the Secretary of Homeland Security. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis Section 1752(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and indenting such subparagraphs two ems to the right; (2) in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking The Director may and inserting the following: (1) In general The Director may ; (3) in paragraph (1)— (A) as redesignated by paragraph (2), by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph: (C) accept officers or employees of the United States or members of the Armed Forces on a detail from an element of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )) or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years; ; and (4) by adding at the end the following new paragraph: (2) Rules of construction regarding details Nothing in paragraph (1)(C) may be construed as imposing any limitation on any other authority for reimbursable or nonreimbursable details. A nonreimbursable detail made pursuant to such paragraph shall not be considered an augmentation of the appropriations of the receiving element of the Office of the National Cyber Director.. 1601. National security space launch program (a) Disclosure of National Security Space Launch program contract pricing terms (1) In general Chapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section 2277: 2277. Disclosure of National Security Space Launch program contract pricing terms (a) In general With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (b) Competitively sensitive trade secret data The congressional defense committees and the congressional intelligence committees shall— (1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and (2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. (c) Rule of construction For purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law.. (2) Conforming amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2276 the following new item: 2277. Disclosure of National Security Space Launch program contract pricing terms.. (b) Policy With respect to entering into contracts for launch services during the period beginning on the date of the enactment of this Act and ending September 30, 2024, it shall be the policy of the Department of Defense and the National Reconnaissance Office to— (1) use the National Security Space Launch program to the extent practical to procure launch services only from launch service providers that can meet Federal requirements with respect to delivering required payloads to reference orbits covered under the requirements of phase two; and (2) maximize continuous competition for launch services as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing and emerging national security requirements. (c) Notification If the Secretary of Defense or the Director of the National Reconnaissance Office determines that a program requiring launch services that could be met using phase two contracts will instead use an alternative launch procurement approach, not later than seven days after the date of such determination, the Secretary of Defense or, as appropriate, the Director of National Intelligence, shall submit to the appropriate congressional committees— (1) a notification of such determination; (2) a certification that the alternative launch procurement approach is in the national security interest of the United States; and (3) an outline of the cost analysis and any other rationale for such determination. (d) Report (1) Requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chief of Space Operations and the Director of the Space Development Agency, and in consultation with the Director of National Intelligence (including with respect to the views of the Director of the National Reconnaissance Office), shall submit to the appropriate congressional committees a report on the emerging launch requirements in the areas of space access, mobility, and logistics that will not be met by phase two capabilities. (2) Elements The report under paragraph (1) shall include the following: (A) An examination of potential benefits of competing one or more launches that are outside of phase two capabilities, focused on accelerating the rapid development and on-orbit deployment of enabling and transformational technologies required to address any emerging requirements, including with respect to— (i) delivery of in-space transportation, logistics, and on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security space missions in a contested space environment; (ii) routine access to extended orbits beyond geostationary orbits, including cislunar orbits; (iii) greater cislunar awareness capabilities; (iv) vertical integration and standardized payload mating; (v) increased responsiveness for heavy lift capability; (vi) the ability to transfer orbits, including point-to-point orbital transfers; (vii) capacity and capability to execute secondary deployments; (viii) high-performance upper stages; and (ix) other new missions that are outside the parameters of the nine design reference missions that exist as of the date of the enactment of this Act. (B) A description of how competing space access, mobility, and logistics launches could aid in establishing a new acquisition framework to— (i) promote the potential for additional open and sustainable competition for phase three; and (ii) re-examine the balance of mission assurance versus risk tolerance to reflect new resilient spacecraft architectures and reduce workload on the Federal Government and industry to perform mission assurance where appropriate. (C) An analysis of how the matters under subparagraphs (A) and (B) may help continue to reduce the cost per launch of national security payloads. (D) An examination of the effects to the National Security Space Launch program if contracted launch providers cannot meet all phase two requirements, including with respect to— (i) the effects to national security launch resiliency; and (ii) the cost effects of a launch market that lacks full competition. (3) Form The report under paragraph (1) shall be submitted in unclassified form, but may include a classified appendix. (4) Briefing Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the report under paragraph (1). (e) Definitions In this section: (1) The term appropriate congressional committees means— (A) the congressional defense committees; and (B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term phase three means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024. (3) The term phase two means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024. 2277. Disclosure of National Security Space Launch program contract pricing terms (a) In general With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (b) Competitively sensitive trade secret data The congressional defense committees and the congressional intelligence committees shall— (1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and (2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. (c) Rule of construction For purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law. 1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration (a) Modifications to space force acquisition council (1) Designation Section 9021 of title 10, United States Code, is amended— (A) in the section heading, by striking Force ; (B) in subsection (a), by striking Space Force Acquisition Council and inserting Space Acquisition Council ; and (C) in subsection (c), by striking of the Air Force for space systems and programs and inserting space systems and programs of the armed forces. (2) Conforming amendment Section 9016(b)(6)(B)(ii) of title 10, United States Code, is amended by striking Space Force Acquisition Council and inserting Space Acquisition Council. (3) Clerical amendment The table of sections for chapter 903 of title 10, United States Code, is amended by striking the item relating to section 9021 and inserting the following new item: 9021. Space Acquisition Council.. (4) References Any reference to the Space Force Acquisition Council in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Space Acquisition Council. (b) Modifications relating to the assistant secretary of the air force for space acquisition and integration (1) Space force acquisition council review and certification of determinations of the assistant secretary of the air force for space acquisition and integration Section 9021(c) of title 10, United States Code, as amended by subsection (a), is further amended— (A) by striking The Council and inserting (1) The Council ; and (B) by adding at the end the following new paragraph: (2) (A) The Council shall promptly— (i) review any determination made by the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to architecture for the space systems and programs of the armed forces under section 9016(b)(6)(B)(i) of this title, including the requirements for operating such space systems or programs; and (ii) either— (I) if the Council finds such a determination to be warranted, certify the determination; or (II) if the Council finds such a determination not to be warranted, decline to certify the determination. (B) Not later than 10 business days after the date on which the Council makes a finding with respect to a certification under subparagraph (A), the Council shall submit to the congressional defense committees a notification of the finding, including a detailed justification for the finding. (C) Except as provided in subparagraph (D), the Assistant Secretary of the Air Force for Space Acquisition and Integration may not take any action to implement a determination referred to in subparagraph (A)(i) until 30 days has elapsed following the date on which the Council submits the notification under subparagraph (B). (D) (i) The Secretary of Defense may waive subparagraph (C) in the event of an urgent national security requirement. (ii) The Secretary of Defense shall submit to the congressional defense committees a notification of any waiver granted under clause (i), including a justification for the waiver.. (2) Department of Defense space systems and programs Clause (i) of section 9016(b)(6)(B) of title 10, United States Code, is amended to read as follows: (i) Be responsible for and oversee all architecture and integration with respect to the acquisition of the space systems and programs of the armed forces, including in support of the Chief of Space Operations under section 9082 of this title.. (3) Transfer of acquisition projects for space systems and programs Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1566; 10 U.S.C. 9016 note) is amended by striking of the Air Force and inserting of the Armed Forces. (4) Designation of force design architect for Department of Defense space systems Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall— (A) designate the Chief of Space Operations the force design architect for space systems of the Armed Forces; and (B) submit to the congressional defense committees a certification of such designation. 1603. Delegation of Authorities to Space Development Agency Section 9086 of title 10, United States Code, as redesignated by section 1081, is amended by adding at the end the following new subsection: (d) Delegation of authorities (1) With respect to tranche 0 capabilities and tranche 1 capabilities, to the extent practicable, the Secretary of the Air Force, acting through the Service Acquisition Executive for Space Systems and Programs, shall ensure the delegation to the Agency of— (A) head of contracting authority; and (B) milestone decision authority for the middle tier of acquisition programs. (2) (A) The Service Acquisition Executive for Space Systems and Programs may rescind the delegation of authority under paragraph (1) for cause or on a case-by-case basis. (B) Not later than 30 days after the date of a rescission under subparagraph (A), the Secretary of the Air Force shall notify the congressional defense committees of such rescission. (3) In this subsection: (A) The term tranche 0 capabilities means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2022. (B) The term tranche 1 capabilities means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2024.. 1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise Section 2279b of title 10, United States Code, is amended— (1) in subsection (d)(2)— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following new subparagraph (D): (D) Alternative methods to perform position navigation and timing. ; and (2) in subsection (h), by striking National Defense Authorization Act for Fiscal Year 2016 and inserting National Defense Authorization Act for Fiscal Year 2022. 1605. Improvements to tactically responsive space launch program Section 1609 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4048) is amended— (1) by striking The Secretary and inserting (a) Program.— The Secretary ; and (2) by adding at the end the following new subsection: (b) Support (1) Elements The Secretary of Defense, in consultation with the Director of National Intelligence, shall support the tactically responsive launch program under subsection (a) during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 to ensure that the program addresses the following: (A) The ability to rapidly place on-orbit systems to respond to urgent needs of the commanders of the combatant commands or to reconstitute space assets and capabilities to support national security priorities if such assets and capabilities are degraded, attacked, or otherwise impaired, including such assets and capabilities relating to protected communications and intelligence, surveillance, and reconnaissance. (B) The entire launch process, including with respect to launch services, satellite bus and payload availability, and operations and sustainment on-orbit. (2) Plan As a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to Congress a plan for the tactically responsive launch program to address the elements under paragraph (1). Such plan shall include the following: (A) Lessons learned from the Space Safari tactically responsive launch-2 mission of the Space Systems Command of the Space Force, and how to incorporate such lessons into future efforts regarding tactically responsive launches. (B) How to achieve responsive acquisition timelines within the adaptive acquisition framework for space acquisition pursuant to section 807. (C) Plans to address supply chain issues and leverage commercial capabilities to support future reconstitution and urgent space requirements leveraging the tactically responsive launch program under subsection (a).. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing Section 1612(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 441 note) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): (4) The term domestic includes, with respect to commercial capabilities or services covered by this section, capabilities or services provided by companies that operate in the United States and have active mitigation agreements pursuant to the National Industrial Security Program, unless the Director of the National Reconnaissance Office or the Director of the National Geospatial-Intelligence Agency submits to the appropriate congressional committees a written determination that excluding such companies is warranted on the basis of national security or strategic policy needs.. 1607. Programs of record of Space Force and commercial capabilities (a) Service Acquisition Executive for Space Systems and Programs Section 957(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended by adding at the end the following new paragraph: (5) Programs of record and commercial capabilities Prior to establishing a program of record, the Service Acquisition Executive for Space Systems and Programs shall determine whether existing or planned commercially available capabilities could meet all or a portion of the requirements for that proposed program. Not later than 30 days after the date on which the Service Acquisition Executive makes such a positive determination, the Service Acquisition Executive shall submit to the congressional defense committees a notification of the results of the determination.. (b) Limitation (1) In general Except as provided by paragraph (2), the Secretary of Defense may not rely solely on the use of commercial satellite services and associated systems to carry out operational requirements, including command and control requirements, targeting requirements, or other requirements that are necessary to execute strategic and tactical operations. (2) Mitigation measures The Secretary may rely solely on the use of commercial satellite services and associated systems to carry out an operational requirement described in paragraph (1) if the Secretary has taken measures to mitigate the vulnerability of any such requirement. (c) Briefings (1) Requirement Not less frequently than quarterly through fiscal year 2025, the Secretary shall provide to the congressional defense committees a briefing on the use and extent of the reliance of the Department of Defense on commercial satellite services and associated systems to provide capability and additional capacity across the Department. (2) Elements Each briefing under paragraph (1) shall include the following for the preceding quarter: (A) A summary of commercial data and services used to fulfill requirements of the Department or to augment the systems and capabilities of the Department. (B) An assessment of any reliance on, and the resulting vulnerabilities of, such data and services. (C) An analysis of potential measures to mitigate such vulnerabilities. (D) A description of mitigation measures taken by the Secretary under subsection (b)(2). (d) Study The Secretary of the Air Force shall seek to enter into an agreement with a federally funded research and development center that is not closely affiliated with the Air Force or the Space Force to conduct a study on— (1) the extent of commercial support of, and integration into, the space operations of the Armed Forces; and (2) measures to ensure that such operations, particularly operations that are mission critical, continue to be carried out in the most effective manner possible during a time of conflict. 1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force Section 1666 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 113 Stat. 2617), as amended by section 1604 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) in the section heading, by striking the Air Force and inserting the Department of the Air Force ; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking each year thereafter through 2020 and inserting each year thereafter through 2026 ; and (ii) by inserting , in consultation with the Commander of the United States Strategic Command and the Commander of the United States Northern Command, after the Commander of the United States Space Command ; (B) in paragraph (1)— (i) by striking the Air Force is and inserting the Department of the Air Force is ; and (ii) by inserting and the Space Force after to the Air Force ; and (C) in paragraph (2), by striking the Air Force and inserting the Department of the Air Force ; and (3) in subsection (b)— (A) by inserting of the United States Space Command after Commander ; (B) by striking system of the Air Force and inserting system of the Department of the Air Force ; (C) by striking command of the Air Force and inserting command of the Department of the Air Force ; and (D) by striking aspects of the Air Force and inserting aspects of the Department of the Air Force. 1609. Classification review of programs of the Space Force (a) Classification review The Secretary of Defense shall— (1) not later than 120 days after the date of the enactment of this Act, conduct a review of each classified program managed under the authority of the Space Force to determine whether— (A) the level of classification of the program could be changed to a lower level; or (B) the program could be declassified; and (2) not later than 90 days after the date on which the Secretary completes such review, commence the change to the classification level or the declassification as determined in such review. (b) Coordination The Secretary shall carry out the review under subsection (a)(1) in coordination with the Assistant Secretary of Defense for Space Policy and, as the Secretary determines appropriate, the heads of other elements of the Department of Defense. (c) Report Not later than 60 days after the date on which the Secretary completes the review under subsection (a)(1), the Secretary, in coordination with the Assistant Secretary of Defense for Space Policy, shall submit to the congressional defense committees a report identifying each program managed under the authority of the Space Force covered by a determination regarding changing the classification level of the program or declassifying the program, including— (1) the timeline for implementing such change or declassification; and (2) any risks that exist in implementing such change or declassification. 1610. Report on Range of the Future initiative of the Space Force Not later than 90 days after the date of the enactment of this Act, the Chief of Space Operations shall submit to the congressional defense committees a report containing the following: (1) A detailed plan to carry out the Space Force Range of the Future initiative, including the estimated funding required to implement the plan. (2) Identification of any specific authorities the Chief determines need to be modified by law to improve the ability of the Space Force to address long-term challenges to the physical infrastructure at the launch ranges of the Space Force, and an explanation for why such modified authorities are needed. (3) Any additional proposals that would support improved infrastructure at the launch ranges of the Space Force, including recommendations for legislative action to carry out such proposals. 1611. Space policy review (a) In general The Secretary of Defense, in consultation with the Director of National Intelligence, shall carry out a review of the space policy of the Department of Defense. (b) Elements The review under subsection (a) shall include the following: (1) With respect to the five-year period following the date of the review, an assessment of the threat to the space operations of the United States and the allies of the United States. (2) An assessment of the national security objectives of the Department relating to space. (3) An evaluation of the policy changes and funding necessary to accomplish such objectives during such five-year period. (4) An assessment of the policy of the Department with respect to deterring, responding to, and countering threats to the space operations of the United States and the allies of the United States. (5) An analysis of such policy with respect to normative behaviors in space, including the commercial use of space. (6) An analysis of the extent to which such policy is coordinated with other ongoing policy reviews, including reviews regarding nuclear, missile defense, and cyber operations. (7) A description of the organization and space doctrine of the Department to carry out the space policy of the Department. (8) An assessment of the space systems and architectures to implement such space policy. (9) Any other matters the Secretary considers appropriate. (c) Report (1) Requirement Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall submit to the appropriate congressional committees a report on the results of the review under subsection (a). (2) Annual updates Concurrent with the submission to Congress of the budget of the President for each of fiscal years 2024 through 2026 pursuant to section 1105(a) of title 31, United States Code, and more frequently during such period as the Secretary determines appropriate, the Secretary, in consultation with the Director, shall submit to the appropriate congressional committees a report describing any update to the assessments, analyses, and evaluations carried out pursuant to such review. (3) Form Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives. (3) The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate. 1612. Annual briefing on threats to space operations (a) Requirement Not later than February 28 each year through 2026, the Chief of Space Operations, in consultation with the Commander of the United States Space Command and the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the threats to the space operations of the United States posed by Russia, China, and any other country relevant to the conduct of such operations. (b) Elements Each briefing under subsection (a) shall include the following: (1) A review of the current posture of threats described in such subsection and anticipated advances in such threats over the subsequent five-year period. (2) A description of potential measures to counter such threats. (c) Distribution of briefing On or about the same day as the Chief of Space Operations provides to the appropriate congressional committees a briefing under subsection (a), the Chief shall also provide to the National Space Council, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration the briefing at the highest level of classification possible. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committees on Armed Services, Energy and Commerce, Transportation and Infrastructure, and Science, Space, and Technology, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate. 1613. National Security Council briefing on potential harmful interference to Global Positioning System (a) Requirement Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the National Security Council, the Secretary of Commerce, and the Commissioners of the Federal Communications Commission a briefing at the highest level of classification on the current assessment of the Department of Defense, as of the date of the briefing, regarding the potential for harmful interference to the Global Positioning System, mobile satellite services, or other tactical or strategic systems of the Department of Defense, from commercial terrestrial operations and mobile satellite services using the 1525–1559 megahertz band and the 1626.5–1660.5 megahertz band. (b) Matters included The briefing under subsection (a) shall include— (1) potential operational impacts that have been studied within the megahertz bands specified in such subsection; and (2) impacts that could be mitigated, if any, including how such mitigations could be implemented. (c) Congressional briefing Not later than seven days after the date on which the Secretary provides the briefing under subsection (a), the Secretary shall provide to the appropriate congressional committees such briefing. (d) Independent technical review The Secretary shall carry out subsections (a) and (c) regardless of whether the independent technical review conducted pursuant to section 1663 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) has been completed. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the congressional defense committees; and (2) the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 1614. Non-geostationary orbit satellite constellations (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the heads of the Defense Agencies, shall submit to the congressional defense committees a report on current commercial satellite communication initiatives, including with respect to new non-geostationary orbit satellite technologies that the Department of Defense has employed to increase satellite communication throughput to existing platforms of the military departments currently constrained by legacy capabilities. (b) Matters included The report under subsection (a) shall include the following: (1) A potential investment strategy concerning how to operationalize commercial satellite communication capabilities using non-geostationary orbit satellites across each of the military departments, including— (A) requisite funding required to adequately prioritize and accelerate the integration of such capabilities into the warfighting systems of the departments; and (B) future-year spending projections for such efforts that align with other satellite communication investments of the Department of Defense. (2) An integrated satellite communications reference architecture roadmap for the Department of Defense to achieve a resilient, secure network for operationalizing commercial satellite communication capabilities, including through the use of non-geostationary orbit satellites, across the Department that is capable of leveraging multi-band and multi-orbit architectures, including requirements that enable maximum use of commercially available technologies. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the implementation of the program required under section 1607 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1724), including with respect to addressing each element specified in subsection (b) of such section. 1621. Notification of certain threats to United States Armed Forces by foreign governments (a) Determination that foreign government intends to cause the death of or serious bodily injury to members of the Armed Forces The Secretary of Defense shall carry out the notification requirement under subsection (b) whenever the Secretary, in consultation with the Director of National Intelligence, determines with high confidence that, on or after the date of the enactment of this Act, an official of a foreign government has taken a substantial step that is intended to cause the death of, or serious bodily injury to, any member of the United States Armed Forces, whether through direct means or indirect means, including through a promise or agreement by the foreign government to pay anything of pecuniary value to an individual or organization in exchange for causing such death or serious bodily injury. (b) Notice to Congress (1) Notification Except as provided by paragraph (2), not later than 14 days after making a determination under subsection (a), the Secretary shall notify the congressional defense committees of such determination. Such notification shall include, at a minimum, the following: (A) A description of the nature and extent of the effort by the foreign government to target members of the United States Armed Forces. (B) An assessment of what specific officials, agents, entities, and departments within the foreign government authorized the effort. (C) An assessment of the motivations of the foreign government for undertaking such an effort. (D) An assessment of whether the effort of the foreign government was a substantial factor in the death or serious bodily injury of any member of the United States Armed Forces. (E) Any other information the Secretary determines appropriate. (2) Waiver On a case-by-case basis, the Secretary may waive the notification requirement under paragraph (1) if the Secretary— (A) determines that the waiver is in the national security interests of the United States; and (B) submits to the congressional defense committees a written justification of such determination. (c) Definitions In this section: (1) The term anything of pecuniary value has the meaning given that term in section 1958(b)(1) of title 18, United States Code. (2) The term determines with high confidence — (A) means that the official making the determination— (i) has concluded that the judgments in the determination are based on sound analytic argumentation and high-quality, consistent reporting from multiple sources, including through clandestinely obtained documents, clandestine and open source reporting, and in-depth expertise; (ii) with respect to such judgments, has concluded that the intelligence community has few intelligence gaps and few assumptions underlying the analytic line and that the intelligence community has concluded that the potential for deception is low; and (iii) has examined long-standing analytic judgments and considered alternatives in making the determination; but (B) does not mean that the official making the determination has concluded that the judgments in the determination are fact or certainty. (3) The term direct means means without the use of intermediaries. (4) The term foreign government means the government of a foreign country with which the United States is at peace. (5) The term indirect means means through, or with the assistance of, intermediaries. 1622. Strategy and plan to implement certain defense intelligence reforms (a) Strategy and plan The Secretary of Defense, in coordination with the Director of National Intelligence, shall develop and implement a strategy and plan to enable the Defense Intelligence Enterprise to more effectively fulfill the intelligence and information requirements of the commanders of the combatant commands with respect to efforts by the combatant commands to expose and counter foreign malign influence, coercion, and subversion activities undertaken by, or at the direction, on behalf, or with substantial support of the governments of, covered foreign countries. (b) Matters included in plan The plan under subsection (a) shall include the following: (1) A plan to improve policies and procedures of the Defense Intelligence Enterprise to assemble and release facts about the foreign malign influence, coercion, and subversion activities of a covered foreign country described in such subsection in a timely way and in forms that allow for greater distribution and release. (2) A plan to develop and publish validated priority intelligence requirements of the commanders of the combatant commands. (3) A plan to better leverage open-source and commercially available information and independent analyses to support the efforts by the combatant commands described in such subsection. (4) A review by each element of the Defense Intelligence Enterprise of the approaches used by that element— (A) with respect to intelligence that has not been processed or analyzed, to separate out data from the sources and methods by which the data is obtained (commonly known as tearlining ); and (B) with respect to finished intelligence products that relate to foreign malign influence, coercion, and subversion activities of a covered foreign country described in such subsection, to downgrade the classification level of the product. (6) An identification of any additional resources or legislative authority necessary to better meet the intelligence and information requirements described in such subsection. (7) An assignment of responsibilities and timelines for the implementation of the plans described in paragraphs (1), (2), and (3). (8) Any other matters the Secretary determines relevant. (c) Submission Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the appropriate congressional committees and the Comptroller General of the United States the plan developed under subsection (a). (d) Comptroller general review (1) Requirement The Comptroller General shall conduct a review of— (A) the plan submitted under subsection (c); and (B) the activities and future plans of the Defense Intelligence Enterprise for meeting the intelligence and information requirements described in subsection (a). (2) Elements The review under paragraph (1) shall include the following: (A) The extent to which the plan submitted under subsection (c) includes the elements identified in subsection (b). (B) The extent to which the Defense Intelligence Enterprise has clearly assigned roles, responsibilities, and processes for fulfilling the intelligence and information requirements described in subsection (a). (C) The extent to which the Defense Intelligence Enterprise is planning to obtain additional capabilities and resources to improve the quality and timeliness of intelligence and information provided to the commanders of the combatant commands to aid in the efforts described in subsection (a). (D) The extent to which the Defense Intelligence Enterprise is identifying, obtaining, and using commercial and publicly available information to aid in such efforts. (E) Any other related issues that the Comptroller General determines appropriate. (3) Briefing and report Not later than 120 days after the date on which the Comptroller General receives the plan under subsection (c), the Comptroller General shall provide to the appropriate congressional committees a briefing on any initial findings about the plan. After such briefing, the Comptroller General shall submit to the committees a report on the plan at a date mutually agreed upon by the Comptroller General and the committees. (e) Congressional briefing Not later than 90 days after the date of the enactment of this Act, and annually thereafter through December 31, 2026, the Secretary, in coordination with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the strategy and plan under subsection (a). (f) Definitions In this section: (1) The term appropriate congressional committees means the following: (A) The congressional defense committees. (B) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term covered foreign country means any of the following: (A) The People’s Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People’s Republic of Korea. (E) Any other foreign country the Secretary of Defense and the Director of National Intelligence determine appropriate. (3) The term Defense Intelligence Enterprise has the meaning given that term in section 426(b)(4) of title 10, United States Code. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense (a) Requirement Not later than March 31, 2022, and annually thereafter through 2026, the Director of the Defense Intelligence Agency shall provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the electronic warfare threat to operations of the Department of Defense by Russia, China, and other countries relevant to the conduct of such operations. (b) Contents Each briefing provided under subsection (a) shall include a review of the following: (1) Current electronic warfare capabilities of the armed forces of Russia, the armed forces of China, and the armed forces of such other countries as the Director considers appropriate. (2) With respect to the five-year period beginning after the date of the briefing, an estimate of— (A) advances in electronic warfare threats to the operations of the Department from the countries referred to in paragraph (1); and (B) the order of battle for Russia, China, and each other country the Secretary considers appropriate. 1624. Report on explosive ordnance intelligence matters Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of— (1) designating the Director of the Defense Intelligence Agency as the executive agent for explosive ordnance intelligence; and (2) including in the responsibilities of the Director of the Defense Intelligence Agency pursuant to section 105 of the National Security Act of 1947 ( 50 U.S.C. 3038 ) explosive ordnance intelligence, including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies. 1631. Participation in United States Strategic Command strategic deterrence exercises Chapter 24 of title 10, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly): 499b. Participation in United States Strategic Command strategic deterrence exercises (a) Participation In the case of annual strategic deterrence exercises held by the United States Strategic Command during fiscal years 2022 through 2032— (1) the Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an even-numbered year; (2) the Deputy Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year; (3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise; (4) the Vice Chairman of the Joint Chiefs of Staff shall participate, in whole or in part, in each such exercise; (5) appropriate senior staff of the Executive Office of the President or appropriate organizations supporting the White House relating to continuity of government activities are encouraged to participate in each such exercise; (6) appropriate general or flag officers of the military departments, and appropriate employees of Federal agencies in Senior Executive Service positions (as defined in section 3132 of title 5), shall participate, in whole or in part, in each such exercise, to provide relevant expertise to the Assistant to the President for National Security Affairs and the Deputy Assistant to the President for National Security Affairs; and (7) in the case of such an exercise for which a unified combatant command has a geographic area of responsibility relevant to the scenario planned to be used for the exercise, not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise: (A) The Commander. (B) The Deputy Commander. (C) The Director of the Joint Staff for Operations. (D) The Director of the Joint Staff for Strategic Plans and Policy. (b) Briefing Not fewer than once every four years (or more frequently if appropriate) during the period specified in subsection (a), the President shall be provided a briefing on the annual strategic deterrence exercise held by the United States Strategic Command during the year in which the briefing is provided, including the principal findings resulting from the exercise. (c) Reports (1) Not later than 30 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, shall include the following: (A) A description of the purpose and scope of the exercise. (B) An identification of the principal personnel participating in the exercise. (C) A statement of the principal findings resulting from the exercise that specifically relate to the nuclear command, control, and communications or senior leader decision-making process and a description of any deficiencies in that process identified a result of the exercise. (D) Whether the President was briefed on the exercise and the principal findings resulting from the exercise. (2) Not later than 60 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Secretary shall submit to the congressional defense committees— (A) an unedited copy of the report of the Commander submitted under paragraph (1); and (B) any additional recommendations or other matters the Secretary considers appropriate.. 499b. Participation in United States Strategic Command strategic deterrence exercises (a) Participation In the case of annual strategic deterrence exercises held by the United States Strategic Command during fiscal years 2022 through 2032— (1) the Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an even-numbered year; (2) the Deputy Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year; (3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise; (4) the Vice Chairman of the Joint Chiefs of Staff shall participate, in whole or in part, in each such exercise; (5) appropriate senior staff of the Executive Office of the President or appropriate organizations supporting the White House relating to continuity of government activities are encouraged to participate in each such exercise; (6) appropriate general or flag officers of the military departments, and appropriate employees of Federal agencies in Senior Executive Service positions (as defined in section 3132 of title 5), shall participate, in whole or in part, in each such exercise, to provide relevant expertise to the Assistant to the President for National Security Affairs and the Deputy Assistant to the President for National Security Affairs; and (7) in the case of such an exercise for which a unified combatant command has a geographic area of responsibility relevant to the scenario planned to be used for the exercise, not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise: (A) The Commander. (B) The Deputy Commander. (C) The Director of the Joint Staff for Operations. (D) The Director of the Joint Staff for Strategic Plans and Policy. (b) Briefing Not fewer than once every four years (or more frequently if appropriate) during the period specified in subsection (a), the President shall be provided a briefing on the annual strategic deterrence exercise held by the United States Strategic Command during the year in which the briefing is provided, including the principal findings resulting from the exercise. (c) Reports (1) Not later than 30 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, shall include the following: (A) A description of the purpose and scope of the exercise. (B) An identification of the principal personnel participating in the exercise. (C) A statement of the principal findings resulting from the exercise that specifically relate to the nuclear command, control, and communications or senior leader decision-making process and a description of any deficiencies in that process identified a result of the exercise. (D) Whether the President was briefed on the exercise and the principal findings resulting from the exercise. (2) Not later than 60 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Secretary shall submit to the congressional defense committees— (A) an unedited copy of the report of the Commander submitted under paragraph (1); and (B) any additional recommendations or other matters the Secretary considers appropriate. 1632. Modification to requirements relating to nuclear force reductions Section 494(c) of title 10, United States Code, is amended— (1) by striking December 31, 2011 each place it appears and inserting December 31, 2021 ; and (2) in paragraph (3), by striking December 31, 2017 and inserting February 1, 2025. 1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States Section 498 of title 10, United States Code, is amended— (1) by striking subsection (a) and inserting the following new subsection (a): (a) In general Other than pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution of the United States, if the President has under consideration to unilaterally change the size of the total stockpile of nuclear weapons of the United States, or the total number of deployed nuclear weapons (as defined under the New START Treaty), by more than 20 percent, prior to doing so the President shall initiate a Nuclear Posture Review. ; (2) in subsection (c), by striking in the nuclear weapons stockpile by more than 25 percent and inserting described in subsection (a) ; (3) in subsection (d), by striking treaty obligations and inserting obligations pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution ; and (4) by adding at the end the following: (f) New START Treaty defined In this section, the term New START Treaty means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems Section 493 of title 10, United States Code, is amended in the first sentence by inserting after report on the modification the following: not less than 180 days before the intended effective date of the modification. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe Section 497(b) of title 10, United States Code, is amended by striking 60 days and inserting 120 days. 1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device (a) In general The Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the ground-based strategic deterrent program. (b) Availability of funds Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2022 by section 101 and available for missile procurement, Air Force, as specified in the corresponding funding table in section 4101, $10,900,000 shall be available for the procurement of covered parts pursuant to contracts entered into under subsection (a). (c) Covered parts defined In this section, the term covered parts means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon The Secretary of the Air Force shall ensure that the B–21 bomber aircraft is capable of employing the long-range standoff weapon. 1638. Mission-design series popular name for ground-based strategic deterrent (a) Requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall establish a mission-design series popular name for the ground-based strategic deterrent, consistent with the procedures set forth in Department of Defense Directive 4120.15 (relating to designating and naming military aerospace vehicles). (b) Notification Not later than 10 days after completing the requirement under subsection (a), the Secretary of the Air Force shall notify the congressional defense committees of the completion of the requirement. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States (a) Prohibition Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following: (1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States. (2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400. (b) Exception The prohibition in subsection (a) shall not apply to any of the following activities: (1) The maintenance or sustainment of intercontinental ballistic missiles. (2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of the Navy, not more than 75 percent may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees all written communications from or to personnel of the Department of the Navy regarding the proposed budget amount or limitation for the nuclear-armed sea-launched cruise missile contained in the defense budget materials (as defined by section 231(f) of title 10, United States Code) relating to the Navy for fiscal year 2023. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of Defense (other than travel by the Secretary of Defense or the Deputy Secretary of Defense), not more than 75 percent may be obligated or expended until the Secretary— (1) submits to the congressional defense committees the analysis of alternatives for the nuclear-armed sea-launched cruise missile; and (2) provides to such committees a briefing on such analysis of alternatives. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles Not later than March 1, 2022, and annually thereafter until the date on which the ground-based strategic deterrent weapon achieves initial operating capability, the Chairman of the Joint Chiefs of Staff shall certify to the congressional defense committees whether the state of the readiness of Minuteman III intercontinental ballistic missiles requires placing heavy bombers equipped with nuclear gravity bombs or air-launched nuclear cruise missiles, and associated refueling tanker aircraft, on alert status. 1643. Revised nuclear posture review (a) Requirement for comprehensive review In order to clarify the nuclear deterrence policy and strategy of the United States for the near term, the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Vice Chairman of the Joint Chiefs of Staff, shall conduct a comprehensive review of the nuclear posture of the United States for the five- and 10-year periods following the date of the review. The Secretary shall conduct the review in consultation with the Secretary of Energy, the Secretary of State, and the Director of National Intelligence. (b) Elements of review The nuclear posture review under subsection (a) shall include the following elements: (1) An assessment of the current and projected nuclear capabilities of Russia and China, and such other potential threats as the Secretary considers appropriate. (2) The role of nuclear forces in military strategy, planning, and programming of the United States. (3) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture. (4) The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives. (5) The role that missile defenses, conventional strike forces, and other capabilities play in determining the role and size of nuclear forces. (6) The levels and composition of the nuclear delivery systems that will be required for implementing the national and military strategy of the United States, including ongoing plans for replacing existing systems. (7) The nuclear weapons complex that will be required for implementing such national and military strategy, including ongoing plans to modernize the complex. (8) The active and inactive nuclear weapons stockpile that will be required for implementing the such national and military strategy, including ongoing plans for replacing or modifying warheads. (c) Report Concurrent with the national defense strategy required to be submitted under section 113(g) of title 10, United States Code, in 2022, the Secretary shall submit to the congressional defense committees a report on the results of the nuclear posture review conducted under subsection (a). The report shall be submitted in unclassified and classified forms as necessary. 1644. Review of safety, security, and reliability of nuclear weapons and related systems (a) Findings Congress finds the following: (1) On December 20, 1990, Secretary of Defense Cheney chartered a five-person independent committee known as the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction to assess the capability of the nuclear weapon command and control system to meet the dual requirements of assurance against unauthorized use of nuclear weapons and assurance of timely, reliable execution when authorized, and to identify opportunities for positive measures to enhance failsafe features. (2) The Federal Advisory Committee, chaired by Ambassador Jeane J. Kirkpatrick, recommended changes in the nuclear enterprise, as well as policy proposals to reduce the risks posed by unauthorized launches and miscalculation. (3) The Federal Advisory Committee found, unambiguously, that failsafe and oversight enhancements are possible. (4) Since 1990, new threats to the nuclear enterprise have arisen in the cyber, space, and information warfare domains. (5) Ensuring the continued assurance of the nuclear command, control, and communications infrastructure is essential to the national security of the United States. (b) Review The Secretary of Defense shall provide for the conduct of an independent review of the safety, security, and reliability of covered nuclear systems. The Secretary shall ensure that such review is conducted in a manner similar to the review conducted by the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction. (c) Matters included The review conducted pursuant to subsection (b) shall include the following: (1) Plans for modernizing the covered nuclear systems, including options and recommendations for technical, procedural, and policy measures that could strengthen safeguards, improve the security and reliability of digital technologies, and prevent cyber-related and other risks that could lead to the unauthorized or inadvertent use of nuclear weapons as the result of an accident, misinterpretation, miscalculation, terrorism, unexpected technological breakthrough, or deliberate act. (2) Options and recommendations for nuclear risk reduction measures, focusing on confidence building and predictability, that the United States could carry out alone or with near-peer adversaries to strengthen safeguards against the unauthorized or inadvertent use of a nuclear weapon and to reduce nuclear risks. (d) Submission Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the review conducted pursuant to subsection (b). (e) Previous review Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the final report of the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction. (f) Covered nuclear systems defined In this section, the term covered nuclear systems means the following systems of the United States: (1) The nuclear weapons systems. (2) The nuclear command, control, and communications system. (3) The integrated tactical warning/attack assessment system. 1645. Long-range standoff weapon (a) Requirement In addition to the requirements under section 2366c of title 10, United States Code, prior to awarding a procurement contract for the long-range standoff weapon, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees each of the following: (1) A certification that the future-years defense program submitted to Congress under section 221 of title 10, United States Code, includes, or will include, estimated funding for the program in the amounts specified in the independent estimated cost submitted to the congressional defense committees under subsection (a)(2) of such section 2366c. (2) A copy of the justification and approval documentation regarding the determination by the Secretary to award a sole-source contract for the program, including with respect to how the Secretary will manage the cost of the program in the absence of competition. (b) Briefing Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the execution of the engineering and manufacturing development contract for the long-range standoff weapon, including with respect to— (1) how the timely development of the long-range standoff weapon may serve as a hedge to delays in other nuclear modernization efforts; (2) the effects of potential delays in the W80–4 warhead program on the ability of the long-range standoff weapon to achieve the initial operational capability schedule under section 217 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 706), as most recently amended by section 1668 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1774); (3) options to adjust the budget profile of the long-range standoff weapon program to ensure the program remains on schedule; and (4) a plan to ensure best value to the United States once the programs enter into procurement. 1646. Ground-based strategic deterrent development program accountability matrices (a) In general Concurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to section 1105(a) of title 31, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in subsection (b) relating to the ground-based strategic deterrent weapon system. (b) Matrices described The matrices described in this subsection are the following: (1) Engineering and manufacturing development goals A matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the engineering and manufacturing development phase of the ground-based strategic deterrent weapon system, which shall be subdivided, at a minimum, according to the following: (A) Technology maturity, including technology readiness levels of major components and key demonstration events leading to technology readiness level 7 full maturity. (B) Design maturity for the missile, weapon system command and control, and ground systems. (C) Software maturity, including key events and metrics. (D) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. (E) The schedule with respect to the following: (i) Ground-based strategic deterrent weapon system level critical path events and margins. (ii) Separate individual critical path events and margins for each of the following major events: (I) First flight. (II) First functional test. (III) Weapon system qualification. (IV) Combined certifications. (V) Operational weapon system article. (VI) Initial operational capability. (VII) Wing A completion. (F) Personnel, including planned and actual staffing for the program office and for contractor and supporting organizations, including for testing, nuclear certification, and civil engineering by the Air Force. (G) Reliability, including growth plans and key milestones. (2) Cost (A) In general The following matrices relating to the cost of the ground-based strategic deterrent weapon system: (i) A matrix expressing, in six-month increments, the total cost for the engineering and manufacturing development phase and low-rate initial production lots of the ground-based strategic deterrent weapon system. (ii) A matrix expressing the total cost for the prime contractor's estimate for the engineering and manufacturing development phase and production lots. (B) Phasing and subdivision of matrices The matrices described in clauses (i) and (ii) of subparagraph (A) shall be— (i) phased over the entire engineering and manufacturing development period; and (ii) subdivided according to the costs of the primary subsystems in the ground-based strategic deterrent weapon system work breakdown structure. (c) Semi-annual updates of matrices Not later than 180 days after the date on which the Secretary submits the matrices described in subsection (b) for a year as required by subsection (a), the Secretary shall submit to the congressional defense committees and the Comptroller General updates to the matrices. (d) Treatment of the first matrices as baseline (1) In general The first set of matrices submitted under subsection (a) shall be treated as the baseline for the full engineering and manufacturing development phase and low-rate initial production of the ground-based strategic deterrent weapon system program for purposes of updates submitted under subsection (c) and subsequent matrices submitted under subsection (a). (2) Elements After the submission of the first set of matrices required by subsection (a), each update submitted under subsection (c) and each subsequent set of matrices submitted under subsection (a) shall— (A) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices; and (B) provide updated cost estimates. (e) Assessment by Comptroller General of the United States Not later than 60 days after receiving the matrices described in subsection (b) for a year as required by subsection (a), the Comptroller General shall assess the acquisition progress made with respect to the ground-based strategic deterrent weapon system and brief the congressional defense committees on the results of that assessment. (f) Termination The requirements of this section shall terminate on the date that is one year after the ground-based strategic deterrent weapon system achieves initial operational capability. 1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force (a) Requirement The Secretary of Defense shall submit to the congressional defense committees all— (1) scoping documents relating to any covered review; and (2) reports or other documents relating to any such review. (b) Timing The Secretary shall submit the documents and reports under subsection (a) by the date that is the later of the following: (1) 15 days after the date on which the documents or reports are produced. (2) 15 days after the date of the enactment of this Act. (c) Covered review In this section, the term covered review means any review initiated in 2021 or 2022 by any entity pursuant to an agreement or contract with the Federal Government regarding— (1) a service life extension program for Minuteman III intercontinental ballistic missiles; or (2) the future of the intercontinental ballistic missile force. 1648. Notification regarding intercontinental ballistic missiles of China (a) Requirement If the Commander of the United States Strategic Command determines that the number of intercontinental ballistic missiles in the active inventory of China exceeds the number of intercontinental ballistic missiles in the active inventory of the United States, the number of nuclear warheads equipped on such missiles of China exceeds the number of nuclear warheads equipped on such missiles of the United States, or the number of intercontinental ballistic missile launchers in China exceeds the number of intercontinental ballistic missile launchers in the United States, the Commander shall submit to the congressional defense committees— (1) a notification of such determination; (2) an assessment of the composition of the intercontinental ballistic missiles of China, including the types of nuclear warheads equipped on such missiles; and (3) a strategy for deterring China. (b) Form The notification under paragraph (1) of subsection (a) shall be submitted in unclassified form, and the assessment and strategy under paragraphs (2) and (3) of such subsection may be submitted in classified form. (c) Termination The requirement under subsection (a) shall terminate on the date that is four years after the date of the enactment of this Act. 1649. Independent review of nuclear command, control, and communications system (a) Review Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a review of the current plans, policies, and programs of the nuclear command, control, and communications system of the Department of Defense, and such plans, policies, and programs that are planned for the 10- and 30-year periods following such date of enactment. (b) Matters included The review under subsection (a) shall include a review of each of the following: (1) The plans, policies, and programs described in such subsection. (2) The operational, organizational, programmatic, and acquisition challenges and risks with respect to— (A) maintaining the existing nuclear command, control, and communications system; and (B) the nuclear command, control, and communications system to be fielded during the 10-year period following the date of the enactment of this Act. (3) Emerging technologies and how such technologies may be applied to the next generation of the nuclear command, control, and communications system during the 30-year period following the date of the enactment of this Act to ensure— (A) the survivability of the system; and (B) the capability of the system with respect to— (i) decisionmaking; (ii) situation monitoring; (iii) planning; (iv) force direction; and (v) force management. (4) The security and surety of the nuclear command, control, and communications system. (5) Threats to the nuclear command, control, and communications system that may occur and the ability to detect and mitigate such threats during the 10- and 30-year periods following the date of the enactment of this Act. (c) Briefing Not later than September 1, 2022, the federally funded research and development center that conducts the review under subsection (a) shall provide the congressional defense committees an interim briefing on the review under subsection (a). (d) Report Not later than March 1, 2023, the federally funded research and development center that conducts the review under subsection (a) shall submit to the Secretary and the congressional defense committees a report containing the review under such subsection. 1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program (a) Review (1) Requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into a contract with a federally funded research and development center to conduct a review of the implementation and the execution of the engineering and manufacturing development phase for the ground-based strategic deterrent program. (2) Matters included The review under paragraph (1) shall include the following: (A) An analysis of the ability of the Air Force to implement industry best practices regarding digital engineering during the engineering and manufacturing development phase of the ground-based strategic deterrent program. (B) An assessment of the opportunities offered by the adoption by the Air Force of digital engineering processes and of the challenges the Air Force faces in implementing such industry best practices. (C) A review of the ability of the Air Force to leverage digital engineering during such engineering and manufacturing development phase. (D) A review of any options that may be available to the Air Force during the engineering and manufacturing development phase of the ground-based strategic deterrent program to— (i) reduce cost and introduce long-term sustainment efficiencies; and (ii) stimulate competition within the operations and maintenance phase of the program. (E) Recommendations to improve the cost, schedule, and program management of the engineering and manufacturing development phase for the ground-based strategic deterrent program. (3) Provision of information The Secretary shall provide to the individuals conducting the review under paragraph (1) all information necessary for the review. (4) Security clearances The Secretary shall ensure that each individual who conducts the review under paragraph (1) holds a security clearance at the appropriate level for such review. (b) Report Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the review under subsection (a)(1). The report shall be submitted in unclassified form and shall include a classified annex. (c) Briefing Not later than 90 days after the date on which the Secretary submits the report under subsection (b), the Secretary shall provide to the congressional defense committees a briefing on— (1) plans of the Air Force for implementing any of the recommendations contained in the review under subsection (a)(1); and (2) an explanation for rejecting any recommendations contained in the review that the Secretary elects not to implement. 1651. Report on re-alerting long-range bombers Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report containing— (1) a cost estimate with respect to re-alerting long-range bombers and air refueling tanker aircraft in the absence of a ground-based leg of the nuclear triad; and (2) an assessment of the impact of such re-alerting on force readiness. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements (a) Comptroller General study required The Comptroller General of the United States shall conduct a study on the strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements of the Department of Defense. (b) Matters covered The study conducted under subsection (a) shall, at minimum, consist of an update to the report of the Comptroller General titled Strategic Weapons: Changes in the Nuclear Weapons Targeting Process Since 1991 (GAO–12–786R) and dated July 31, 2012, including covering any changes to— (1) how the Department of Defense has assessed threats and modified its nuclear deterrence policy; (2) targeting and employment guidance from the President, the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Commander of United States Strategic Command; (3) nuclear weapons planning and targeting, including categories and types of targets; (4) strategic nuclear forces, including the stockpile, force posture, and modernization; (5) the level of civilian oversight; (6) the relationship between targeting and requirements; and (7) any other matters considered appropriate by the Comptroller General. (c) Reporting (1) Briefing on preliminary findings Not later than March 31, 2022, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study conducted under subsection (a). (2) Final report The Comptroller General shall submit to the congressional defense committees a final report on the findings of the study conducted under subsection (a) at a time agreed to by the Comptroller General and the congressional defense committees at the briefing required by paragraph (1). (3) Form The briefing required by paragraph (1) may be provided, and the report required by paragraph (2) may be submitted, in classified form. (d) Cooperation The Secretary of Defense and the Secretary of Energy shall provide the Comptroller General with full cooperation and access to appropriate officials, guidance, and documentation for the purposes of conducting the study required by subsection (a). 1653. Briefing on consultations with United States allies regarding Nuclear Posture Review (a) In general Not later than the date on which the Secretary of Defense issues the first Nuclear Posture Review after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees, the Majority and Minority Leaders of the Senate, and the Speaker and Minority Leader of the House of Representatives a briefing on all consultations with allies of the United States regarding the Nuclear Posture Review. (b) Elements The briefing required by subsection (a) shall include the following: (1) A listing of all countries consulted with respect to the Nuclear Posture Review, including the dates and circumstances of each such consultation and the countries present. (2) An overview of the topics and concepts discussed with each such country during such consultations, including any discussion of potential changes to the nuclear declaratory policy of the United States. (3) An opportunity for the committees and officials referred to in subsection (a) to view documents relating to such consultations. (4) A summary of any feedback provided during such consultations. (c) Form The briefing required by subsection (a) shall be conducted in both in an unclassified and classified format. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency (a) Notice and wait requirement Section 205 of title 10, United States Code, is amended— (1) by striking The Director and inserting (a) Appointment of Director.— The Director ; and (2) by adding at the end the following new subsection: (b) Notification of changes to non-standard acquisition and requirements processes and responsibilities (1) The Secretary of Defense may not make any changes to the missile defense non-standard acquisition and requirements processes and responsibilities unless, with respect to those proposed changes— (A) the Secretary, without delegation, has taken each of the actions specified in paragraph (2); and (B) a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph (C) of such paragraph. (2) If the Secretary proposes to make changes to the missile defense non-standard acquisition and requirements processes and responsibilities, the Secretary shall— (A) consult with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency, regarding the changes; (B) certify to the congressional defense committees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A); (C) submit to the congressional defense committees a report that contains— (i) a description of the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph (A) with respect to the changes; (ii) a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and (iii) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, a final draft of the proposed modified directive, both in an electronic format and in a hard copy format; and (D) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, provide to such committees a briefing on the proposed modified directive described in subparagraph (C)(iii). (3) In this subsection, the term non-standard acquisition and requirements processes and responsibilities means the processes and responsibilities described in— (A) the memorandum of the Secretary of Defense titled Missile Defense Program Direction signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection; (B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modifications described in Directive-type Memorandum 20–002 of the Deputy Secretary of Defense, or any amendments or extensions thereto made before the date of such enactment), or as modified in accordance with this subsection, or any successor directive issued in accordance with this subsection; and (C) United States Strategic Command Instruction 538–3 titled MD Warfighter Involvement Process , as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor instruction issued in accordance with this subsection.. (b) Conforming amendments (1) FY20 NDAA Section 1688 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1787) is amended— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (2) FY21 NDAA Section 1641 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4061) is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). 1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites (a) Limitation (1) Production of satellites and ground systems The Director of the Missile Defense Agency may not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites. (2) Prototype satellites (A) Authority The Director, with the concurrence of the Space Acquisition Council established by section 9021 of title 10, United States Code, may authorize the production of one or more prototype satellites, consistent with the requirements of the Missile Defense Agency. (B) Report Not later than 30 days after the date on which the Space Acquisition Council concurs with the Director with respect to authorizing the production of a prototype satellite under subparagraph (A), the chair of the Council shall submit to the congressional defense committees a report explaining the reasons for such concurrence. (C) Obligation of funds The Director may not obligate funds for the production of a prototype satellite under subparagraph (A) before the date on which the Space Acquisition Council submits the report for such prototype satellite under subparagraph (B). (b) Hypersonic and ballistic missile tracking space sensor Section 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) Waiver of certain limitation The Assistant Secretary of the Air Force for Space Acquisition and Integration, acting as the chair of the Space Acquisition Council, may waive the limitation in section 1662 of the National Defense Authorization Act for Fiscal Year 2022, with respect to the hypersonic and ballistic missile tracking space sensor program if the Assistant Secretary— (1) determines that such limitation would delay the delivery of an operational hypersonic and ballistic missile tracking space sensor because of technical, cost, or schedule factors; and (2) submits to the congressional defense committees— (A) the technical, schedule, or cost rationale for the waiver; (B) an acquisition strategy for the hypersonic and ballistic missile tracking space sensor program that is signed by both the Director and the Assistant Secretary; and (C) a lead service agreement entered into by the Director and the Chief of Space Operations regarding the operation and sustainment of the hypersonic and ballistic missile tracking space sensor and the integration of the sensor into the architecture of the Space Force.. 1663. Extension of period for transition of ballistic missile defense programs to military departments Section 1676(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2431 note) is amended by striking the date on which the budget of the President for fiscal year 2023 is submitted under section 1105 of title 31, United States Code, and inserting, October 1, 2023,. 1664. Directed energy programs for ballistic and hypersonic missile defense (a) Authority of the Missile Defense Agency The Secretary of Defense shall delegate to the Director of the Missile Defense Agency the authority to budget for, direct, and manage directed energy programs applicable for ballistic and hypersonic missile defense missions, in coordination with other directed energy efforts of the Department of Defense. (b) Prioritization In budgeting for and directing directed energy programs applicable for ballistic and hypersonic defensive missions pursuant to subsection (a), the Director of the Missile Defense Agency shall— (1) prioritize the early research and development of technologies; and (2) address the transition of such technologies to industry to support future operationally relevant capabilities. 1665. Guam integrated air and missile defense system (a) Architecture and acquisition The Secretary of Defense, acting through the Director of the Missile Defense Agency, and in coordination with the Commander of the United States Indo-Pacific Command, shall identify the architecture and acquisition approach for implementing a 360-degree integrated air and missile defense capability to defend the people, infrastructure, and territory of Guam from the scope and scale of advanced cruise, ballistic, and hypersonic missile threats that are expected to be fielded during the 10-year period beginning on the date of the enactment of this Act. (b) Requirements The architecture identified under subsection (a) shall have the ability to— (1) integrate, while maintaining high kill chain performance against advanced threats, all applicable— (A) multi-domain sensors that contribute substantively to track quality and track custody; (B) interceptors; and (C) command and control systems; (2) address robust discrimination and electromagnetic compatibility with other sensors; (3) engage directly, or coordinate engagements with other integrated air and missile defense systems, to defeat the spectrum of cruise, ballistic, and hypersonic threats expected to be fielded during the 10-year period beginning on the date of the enactment of this Act; (4) leverage existing programs of record to expedite the development and deployment of the architecture during the five-year period beginning on the date of the enactment of this Act, with an objective of achieving initial operating capability in 2025, including with respect to— (A) the Aegis ballistic missile defense system; (B) standard missile–3 and –6 variants; (C) the terminal high altitude area defense system; (D) the Patriot air and missile defense system; (E) the integrated battle control system; and (F) the lower tier air and missile defense sensor and other lower tier capabilities, as applicable; (5) integrate future systems and interceptors, including directed energy-based kill systems, that will also have the capability to detect, track, and defeat hypersonic missiles in the glide and terminal phases, including integration of passive measures to protect assets in Guam; and (6) incentivize competition within the acquisition of the architecture and rapid procurement and deployment wherever possible. (c) Report Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the architecture and acquisition approach identified under subsection (a), including— (1) an assessment of the development and implementation risks associated with each of the elements identified under subsection (b); and (2) a plan for expending funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for such architecture. (d) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of Cost Assessment and Program Evaluation, not more than 80 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report under subsection (c). 1666. Missile defense radar in Hawaii As a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Director of the Missile Defense Agency shall certify to the congressional defense committees that— (1) the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 includes adequate amounts of estimated funding to develop, construct, test, and integrate into the missile defense system the discrimination radar for homeland defense planned to be located in Hawaii; and (2) such radar and associated in-flight interceptor communications system data terminal will be operational by not later than December 31, 2028. 1667. Certification required for Russia and China to tour certain missile defense sites (a) Certification Before the Secretary of Defense makes a determination with respect to allowing a foreign national of Russia or China to tour a covered site, the Secretary shall submit to the congressional defense committees a certification that— (1) the Secretary has determined that such tour is in the national security interest of the United States, including the justifications for such determination; and (2) the Secretary will not share any technical data relating to the covered site with the foreign nationals. (b) Timing The Secretary may not conduct a tour described in subsection (a) until a period of 45 days has elapsed following the date on which the Secretary submits the certification for that tour under such subsection. (c) Construction with other requirements Nothing in this section shall be construed to supersede or otherwise affect section 130h of title 10, United States Code. (d) Covered site In this section, the term covered site means any of the following: (1) The combat information center of a naval ship equipped with the Aegis ballistic missile defense system. (2) An Aegis Ashore site. (3) A terminal high altitude area defense battery. (4) A ground-based midcourse defense interceptor silo. 1668. Next generation interceptors for missile defense of the United States homeland (a) Funding plan The Director of the Missile Defense Agency shall develop a funding plan that includes funding lines across the future-years defense program under section 221 of title 10, United States Code, for the next generation interceptor that— (1) while applying lessons learned from the redesigned kill vehicle program, incorporating recommendations from the Comptroller General of the United States, and implementing fly-before-you-buy principles, produces and begins deployment of the next generation interceptor as early as practicable; (2) includes acquiring at least 20 operational next generation interceptors; and (3) includes transition plans to replace the current inventory of silo-based boosters with follow-on systems prior to the end of the useful lifecycle of the boosters. (b) Report on funding profile The Director shall include with the budget justification materials submitted to Congress in support of the budget of the Department of Defense for fiscal year 2023 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the funding profile necessary for the next generation interceptor program through the date on which the program achieves full operational capability. (c) Congressional notification of cancellation requirement Not later than 30 days prior to any final decision to cancel the next generation interceptor program, the Director shall provide to the congressional defense committees a briefing on such decision, including— (1) a justification for the decision; and (2) an analysis of the national security risk that the Director accepts by reason of cancelling such program. (d) Inclusion in required flight tests Section 1689(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2431 note) is amended by adding after the period at the end the following new sentence: Beginning not later than five years after the date on which the next generation interceptor achieves initial operational capability, the Director shall ensure that such flight tests include the next generation interceptor.. (e) Report Not later than the date of on which the Director approves the next generation interceptor program to enter the initial production phase of the acquisition process, the Director shall submit to the congressional defense committees a report outlining estimated annual costs for conducting annual, operationally relevant flight testing to evaluate the reliability of the system developed under such program, including associated production costs for procuring sufficient flight systems to support such testing for the projected life of the system. (f) Program accountability matrices (1) Requirement Concurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to section 1105(a) of title 31, United States Code, the Director shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in paragraph (2) relating to the next generation interceptor program. (2) Matrices described The matrices described in this subsection are the following: (A) Technology and product development goals A matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the technology development phase of the next generation interceptor program, which shall be subdivided, at a minimum, according to the following: (i) Technology maturity, including technology readiness levels of major interceptor components and key demonstration events leading to full maturity. (ii) Design maturity, including key events and metrics, at the interceptor all up round level and major interceptor component level. (iii) Parts testing, including key events and metrics for vetting parts and components through a parts, materials, and processes mission assurance plan. (iv) Software maturity, including key events and metrics, at the all up round level and major interceptor component level for the interceptor. (v) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. (vi) Schedule, with respect to key program milestones, critical path events, and margins. (vii) Reliability, including growth plans and key milestones. (viii) Developmental testing and cybersecurity. (ix) Any other technology and product development goals the Director determines to be appropriate. (B) Cost (i) In general The following matrices relating to the cost of the next generation interceptor program: (I) A matrix expressing, in six-month increments, the total cost for the technology development phase. (II) A matrix expressing the total cost for each of the contractors’ estimates for the technology development phase. (ii) Phasing and subdivision of matrices The matrices described in clauses (i) and (ii) of subparagraph (B) shall be— (I) phased over the entire technology development phase; and (II) subdivided according to the costs major interceptor component of each next generation interceptor configuration. (C) Stakeholder and independent reviews A matrix that identifies, in six-month increments, plans and status for coordinating products and obtaining independent reviews for the next generation interceptor program for the technology development phase, which shall be subdivided according to the following: (i) Performance requirements, including coordinating, updating, and obtaining approval of the top-level requirements document. (ii) Intelligence inputs, processes, and products, including— (I) coordinating, updating, and validating the homeland ballistic missile defense validated online lifecycle threat with the Director of the Defense Intelligence Agency; and (II) coordinating and obtaining approval of a lifecycle mission data plan. (iii) Independent assessments, including obtaining an initial and updated— (I) technical risk assessment; and (II) cost estimate. (iv) Models and simulations, including— (I) obtaining accreditation of interceptor models and simulations at both the all up round level and subsystem level from the Ballistic Missile Defense Operational Test Agency; (II) obtaining certification of threat models used for interceptor ground test from the Ballistic Missile Defense Operational Test Agency; and (III) obtaining accreditation from the Director of the Defense Intelligence Agency on all threat models, simulations, and associated data used to support interceptor development. (v) Sustainability and obsolescence, including coordinating and obtaining approval of a lifecycle sustainment plan. (vi) Cybersecurity, including coordinating and obtaining approval of a cybersecurity strategy. (3) Form The matrices submitted under paragraph (2) shall be in unclassified form, but may contain a classified annex. (4) Semiannual updates of matrices Not later than 180 days after the date on which the Director submits the matrices described in paragraph (2) for a year as required by paragraph (1), the Director shall submit to the congressional defense committees and the Comptroller General updates to the matrices. (5) Treatment of the first matrices as baseline (A) In general The first set of matrices submitted under paragraph (1) shall be treated as the baseline for the technology development phase of the next generation interceptor program for purposes of updates submitted under subsection (i) and subsequent matrices submitted under paragraph (1). (B) Elements After the submission of the first set of matrices required by paragraph (1), each update submitted under paragraph (4) and each subsequent set of matrices submitted under paragraph (1) shall— (i) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices under subparagraph (A) of paragraph (2); (ii) provide updated cost estimates under subparagraph (B) of such paragraph; and (iii) provide updated plans and status under subparagraph (C) of such paragraph. (6) Assessment by Comptroller General of the United States Not later than 60 days after receiving the matrices described in paragraph (2) for a year as required by paragraph (1), the Comptroller General shall— (A) assess the acquisition progress made with respect to the next generation interceptor program; and (B) provide to the congressional defense committees a briefing on the results of that assessment. (7) Termination The requirements of this subsection shall terminate on the date that is one year after the date on which the next generation interceptor program is approved to enter the product development phase. 1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production (a) Iron Dome short-range rocket defense system (1) Availability of funds Of the funds authorized to be appropriated by this Act for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $108,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States. (2) Conditions (A) Agreement Funds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors. (B) Certification Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (i) a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement; (ii) an assessment detailing any risks relating to the implementation of such agreement; and (iii) for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended. (b) Israeli cooperative missile defense program, David's Sling Weapon System co-production (1) In general Subject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $30,000,000 may be provided to the Government of Israel to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry. (2) Agreement Provision of funds specified in paragraph (1) shall be subject to the terms and conditions in the bilateral co-production agreement, including— (A) a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and (B) co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David's Sling Weapon System is not less than 50 percent. (3) Certification and assessment The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (A) a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System; and (B) an assessment detailing any risks relating to the implementation of such agreement. (c) Israeli cooperative missile defense program, Arrow 3 Upper Tier Interceptor Program co-production (1) In general Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $62,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry. (2) Certification The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that— (A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program; (B) funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); (C) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds— (i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production; (ii) complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel; (iii) technical milestones for co-production of parts and components and procurement; (iv) a joint affordability working group to consider cost reduction initiatives; and (v) joint approval processes for third-party sales; and (D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent. (d) Number In carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit— (1) one certification covering both the David's Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or (2) separate certifications for each respective system. (e) Timing The Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel. (f) Workshare for Iron Dome replenishment efforts (1) Maintenance of agreement With respect to replenishment efforts for the Iron Dome short-range rocket defense system carried out during fiscal year 2022, the Secretary of Defense may seek to maintain a workshare agreement for the United States production of systems that are covered, as of the date of the enactment of this Act, under the memorandum of understanding regarding United States and Israeli cooperation on missile defense. (2) Briefing The Secretary of Defense shall provide to the appropriate congressional committees a briefing detailing the terms of any workshare agreements described by paragraph (1). (g) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. 1670. Update of study on discrimination capabilities of the ballistic missile defense system (a) Update The Secretary of Defense shall enter into an arrangement with the private scientific advisory group known as JASON under which JASON shall carry out an update to the study conducted pursuant to section 237 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2236) on the discrimination capabilities and limitations of the missile defense system of the United States, including such discrimination capabilities that exist or are planned as of the date of the update. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study. (c) Form The report under subsection (b) may be submitted in classified form, but shall contain an unclassified summary. 1671. Semiannual updates on meetings held by the Missile Defense Executive Board (a) Semiannual updates Not later than March 1 and September 1 of each year, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, acting in their capacities as co-chairs of the Missile Defense Executive Board pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2162), shall provide to the congressional defense committees a semiannual update including, with respect to the six-month period preceding the update— (1) the dates on which the Board met; and (2) except as provided by subsection (b), a summary of any decisions made by the Board at each meeting of the Board and the rationale for and options that informed such decisions. (b) Exception for certain budgetary matters The co-chairs shall not be required to include in a semiannual update under subsection (a) the matters described in paragraph (2) of such subsection with respect to decisions of the Board relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31, United States Code, as of the date of the semiannual update. (c) Form of update The co-chairs may provide a semiannual update under subsection (a) either in the form of a briefing or a written report. (d) Technical amendments (1) FY18 NDAA Section 1676(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 205 note) is amended by striking chairman and inserting chair. (2) FY19 NDAA Section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2162) is amended— (A) in the matter preceding paragraph (1), by striking chairman and inserting chair ; and (B) in paragraph (2), by striking co-chairman and inserting co-chair. 1672. Matters regarding Integrated Deterrence Review (a) Reports Not later than 30 days after the date on which the Integrated Deterrence Review that commenced during 2021 is submitted to the congressional defense committees, the Secretary of Defense shall submit to the congressional defense committees the following: (1) Each final report, assessment, and guidance document produced by the Department of Defense pursuant to the Integrated Deterrence Review or during subsequent actions taken to implement the conclusions of the Integrated Deterrence Review, including with respect to each covered review. (2) A report explaining how each such covered review differs from the previous such review. (b) Certifications Not later than 30 days after the date on which a covered review is submitted to the congressional defense committees, the Chairman of the Joint Chiefs of Staff, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of the United States Strategic Command shall each directly submit to such committees— (1) a certification regarding whether the Chairman, Vice Chairman, or Commander, as the case may be, had the opportunity to provide input into the covered review; and (2) a description of the degree to which the covered reviews differ from the military advice contained in such input (or, if there was no opportunity to provide such input, would have been contained in the input if so provided). (c) Covered review defined In this section, the term covered review means— (1) the Missile Defense Review that commenced during 2021; and (2) the Nuclear Posture Review that commenced during 2021. 1673. Semiannual notifications regarding missile defense tests and costs (a) Semiannual notifications required For each period described in subsection (b), the Director of the Missile Defense Agency shall submit to the congressional defense committees a notification of all— (1) flight tests (intercept and non-intercept) planned to occur during the period covered by the notification based on the Integrated Master Test Plan the Director used to support the President’s budget submission under section 1105 of title 31, United States Code, for the fiscal year of the period covered; and (2) ground tests planned to occur during such period based on such plan. (b) Periods described The periods described in this subsection are— (1) the first 180-calendar-day period beginning on the date that is 90 days after the date of the enactment of this Act; and (2) each subsequent, sequential 180-calendar-day period beginning thereafter until the date that is five years and 90 calendar days after the date of the enactment of this Act. (c) Timing of notification Each notification submitted under subsection (a) for a period described in subsection (b) shall be submitted— (1) not earlier than 30 calendar days before the last day of the period; and (2) not later than the last day of the period. (d) Contents Each notification submitted under subsection (a) shall include the following: (1) For the period covered by the notification: (A) With respect to each flight test described in subsection (a)(1), the following: (i) The entity responsible for leading the flight test (such as the Missile Defense Agency, the Army, or the Navy) and the classification level of the flight test. (ii) The planned cost (the most recent flight test cost estimate, including interceptors and targets), the actual costs and expenditures to-date, and an estimate of any remaining costs and expenditures. (iii) All funding (including any appropriated, transferred, or reprogrammed funding) the Agency has received to-date for the flight test. (iv) All changes made to the scope and objectives of the flight test and an explanation for such changes. (v) The status of the flight test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (vi) In the event of a flight test status of conducted-objectives not achieved (failure or no-test), delayed, or canceled— (I) the reasons the flight test did not succeed or occur; (II) in the event of a flight test status of failure or no-test, the plan and cost estimate to retest, if necessary, and any contractor liability, if appropriate; (III) in the event of a flight test delay, the fiscal year and quarter the objectives were first planned to be met, the names of the flight tests the objectives have been moved to, the aggregate duration of the delay to-date, and, if applicable, any risks to the warfighter from the delay; and (IV) in the event of a flight test cancellation, the fiscal year and quarter the objectives were first planned to be met, whether the objectives from the canceled test were met by other means, moved to a different flight test, or removed, a revised spend plan for the remaining funding the agency received for the flight test to-date, and, if applicable, any risks to the warfighter from the cancellation; and (vii) the status of any decisions reached by failure review boards open or completed during the period covered by the notification. (B) With respect to each ground test described in subsection (a)(2), the following: (i) The planned cost (the most recent ground test cost estimate), the actual costs and expenditures to-date, and an estimate of any remaining costs and expenditures. (ii) The designation of the ground test, whether developmental, operational, or both. (iii) All changes made to the scope and objectives of the ground test and an explanation for such changes. (iv) The status of the ground test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (v) In the case of a ground test status of conducted-objectives not achieved (failure or no-test), delayed, or canceled— (I) the reasons the ground test did not succeed or occur; and (II) if applicable, any risks to the warfighter from the ground test not succeeding or occurring; (vi) The participating system and element models used for conducting ground tests and the accreditation status of the participating system and element models. (vii) Identification of any cybersecurity tests conducted or planned to be conducted as part of the ground test. (viii) For each cybersecurity test identified under subparagraph (G), the status of the cybersecurity test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (ix) In the case of a cybersecurity test identified under subparagraph (G) with a status of conducted-objectives, not achieved, delayed, or canceled— (I) the reasons for such status; and (II) any risks, if applicable, to the warfighter from the cybersecurity test not succeeding or occurring. (2) To the degree applicable and known, the matters covered by paragraph (1) but for the period subsequent to the covered period. (e) Events spanning multiple notification periods Events that span from one period described in subsection (b) into another period described in such subsection, such as a the case of a failure review board convening in one period and reaching a decision in the following period, shall be covered by notifications under subsection (a) for both periods. (f) Form Each notification submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 1674. Report on senior leadership of Missile Defense Agency Not later than 60 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report detailing the following: (1) The responsibilities of the positions of the Director, Sea-based Weapons Systems, and the Deputy Director of the Missile Defense Agency. (2) The role of the officials who occupy these positions with respect to the functional combatant commands with missile defense requirements. (3) The rationale and benefit of having an official in these positions who is a general officer or flag officer versus a civilian. 1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense (a) Independent study and report (1) Contract Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with the National Academy of Public Administration (in this section referred to as the Academy ) for the Academy to perform the services covered by this subsection. (2) Study and report (A) Roles and responsibilities Under an agreement between the Secretary and the Academy under this subsection, the Academy shall carry out an study regarding the roles and responsibilities of the various components of the Department of Defense as they pertain to missile defense. (B) Matters included The study required by subparagraph (A) shall include the following: (i) A comprehensive assessment and analysis of existing Department component roles and responsibilities for the full range of missile defense activities, including establishment of requirements, research and development, system acquisition, and operations. (ii) Identification of gaps in component capability of each applicability component for performing its assigned missile defense roles and responsibilities. (iii) Identification of opportunities for deconflicting mission sets, eliminating areas of unnecessary duplication, reducing waste, and improving efficiency across the full range of missile defense activities. (iv) Development of a timetable for the implementation of the opportunities identified under clause (iii). (v) Development of recommendations for such legislative or administrative action as the Academy considers appropriate pursuant to carrying out clauses (i) through (iv). (vi) Such other matters as the Secretary may require. (C) Report (i) Requirement Not later than one year after the date on which the Secretary and the Academy enter into a contract under paragraph (1), the Academy shall submit to the Secretary and the congressional defense committees a report on the study conducted under subparagraph (A). (ii) Elements The report submitted under clause (i) shall include the findings of the Academy with respect to the study carried out under subparagraph (A) and any recommendations the Academy may have for legislative or administrative action pursuant to such study. (3) Alternate contract organization (A) Agreement If the Secretary is unable within the time period prescribed in paragraph (1) to enter into an agreement described in such paragraph with the Academy on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization that— (i) is not part of the Government; (ii) operates as a not-for-profit entity; and (iii) has expertise and objectivity comparable to that of the Academy. (B) References If the Secretary enters into an agreement with another organization as described in subparagraph (A), any reference in this subsection to the Academy shall be treated as a reference to the other organization. (b) Report by Secretary of Defense Not later than 120 days after the date on which the report is submitted pursuant to subsection (a)(2)(C), the Secretary shall submit to the congressional defense committees a report on the views of the Secretary on the findings and recommendations set forth in the report submitted under such subsection, together with such recommendations as the Secretary may have for changes in the structure, functions, responsibilities, and authorities of the Department. 1681. Cooperative threat reduction funds (a) Funding allocation Of the $344,849,000 authorized to be appropriated to the Department of Defense for fiscal year 2022 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act ( 50 U.S.C. 3711 ), the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $2,997,000. (2) For chemical weapons destruction, $13,250,000. (3) For global nuclear security, $17,767,000. (4) For cooperative biological engagement, $229,022,000. (5) For proliferation prevention, $58,754,000. (6) For activities designated as Other Assessments/Administrative Costs, $23,059,000. (b) Specification of cooperative threat reduction funds Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2022, 2023, and 2024. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48 Section 1664 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting or any subsequent fiscal year after fiscal year 2021 ; and (2) by adding at the end the following new subsections: (d) Distribution of estimate As soon as practicable after submitting an estimate as described in paragraph (1) of subsection (a) and making the certification described in paragraph (2) of such subsection, the Secretary shall make such estimate available to any licensee operating under the Order and Authorization described in such subsection. (e) Authority of Secretary of Defense to seek recovery of costs The Secretary may work directly with any licensee (or any future assignee, successor, or purchaser) affected by the Order and Authorization described in subsection (a) to seek recovery of costs incurred by the Department as a result of the effect of such order and authorization. (f) Reimbursement (1) In general The Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the Order and Authorization described in subsection (a) to provide reimbursement to the Department, only to the extent provided in appropriation Acts, for the covered costs and eligible reimbursable costs submitted and certified to the congressional defense committees under such subsection. (2) Use of funds The Secretary shall use any funds received under this subsection, to the extent and in such amounts as are provided in advance in appropriation Acts, for covered costs described in subsection (b) and the range of eligible reimbursable costs identified under subsection (a)(1). (3) Report Not later than 90 days after the date on which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on such process.. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena (a) Establishment of Office Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall establish an office within a component of the Office of the Secretary of Defense, or within a joint organization of the Department of Defense and the Office of the Director of National Intelligence, to carry out the duties of the Unidentified Aerial Phenomena Task Force, as in effect on the day before the date of enactment of this Act, and such other duties as are required by this section. (b) Duties The duties of the Office established under subsection (a) shall include the following: (1) Developing procedures to synchronize and standardize the collection, reporting, and analysis of incidents, including adverse physiological effects, regarding unidentified aerial phenomena across the Department of Defense and the intelligence community. (2) Developing processes and procedures to ensure that such incidents from each component of the Department and each element of the intelligence community are reported and incorporated in a centralized repository. (3) Establishing procedures to require the timely and consistent reporting of such incidents. (4) Evaluating links between unidentified aerial phenomena and adversarial foreign governments, other foreign governments, or nonstate actors. (5) Evaluating the threat that such incidents present to the United States. (6) Coordinating with other departments and agencies of the Federal Government, as appropriate, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Homeland Security, the National Oceanic and Atmospheric Administration, and the Department of Energy. (7) Coordinating with allies and partners of the United States, as appropriate, to better assess the nature and extent of unidentified aerial phenomena. (8) Preparing reports for Congress, in both classified and unclassified form, including under subsection (i). (c) Response to and field investigations of unidentified aerial phenomena (1) Designation The Secretary, in coordination with the Director, shall designate one or more line organizations within the Department of Defense and the intelligence community that possess appropriate expertise, authorities, accesses, data, systems, platforms, and capabilities to rapidly respond to, and conduct field investigations of, incidents involving unidentified aerial phenomena under the direction of the head of the Office established under subsection (a). (2) Ability to respond The Secretary, in coordination with the Director, shall ensure that each line organization designated under paragraph (1) has adequate personnel with the requisite expertise, equipment, transportation, and other resources necessary to respond rapidly to incidents or patterns of observations involving unidentified aerial phenomena of which the Office becomes aware. (d) Scientific, technological, and operational analyses of data on unidentified aerial phenomena (1) Designation The Secretary, in coordination with the Director, shall designate one or more line organizations that will be primarily responsible for scientific, technical, and operational analysis of data gathered by field investigations conducted pursuant to subsection (c) and data from other sources, including with respect to the testing of materials, medical studies, and development of theoretical models, to better understand and explain unidentified aerial phenomena. (2) Authority The Secretary and the Director shall each issue such directives as are necessary to ensure that the each line organization designated under paragraph (1) has authority to draw on the special expertise of persons outside the Federal Government with appropriate security clearances. (e) Data; intelligence collection (1) Availability of data and reporting on unidentified aerial phenomena The Director and the Secretary shall each, in coordination with one another, ensure that— (A) each element of the intelligence community with data relating to unidentified aerial phenomena makes such data available immediately to the Office established under subsection (a) or to an entity designated by the Secretary and the Director to receive such data; and (B) military and civilian personnel of the Department of Defense or an element of the intelligence community, and contractor personnel of the Department or such an element, have access to procedures by which the personnel shall report incidents or information, including adverse physiological effects, involving or associated with unidentified aerial phenomena directly to the Office or to an entity designated by the Secretary and the Director to receive such information. (2) Intelligence collection and analysis plan The head of the Office established under subsection (a), acting on behalf of the Secretary of Defense and the Director of National Intelligence, shall supervise the development and execution of an intelligence collection and analysis plan to gain as much knowledge as possible regarding the technical and operational characteristics, origins, and intentions of unidentified aerial phenomena, including with respect to the development, acquisition, deployment, and operation of technical collection capabilities necessary to detect, identify, and scientifically characterize unidentified aerial phenomena. (3) Use of resources and capabilities In developing the plan under paragraph (2), the head of the Office established under subsection (a) shall consider and propose, as the head determines appropriate, the use of any resource, capability, asset, or process of the Department and the intelligence community. (f) Science plan The head of the Office established under subsection (a), on behalf of the Secretary and the Director, shall supervise the development and execution of a science plan to develop and test, as practicable, scientific theories to— (1) account for characteristics and performance of unidentified aerial phenomena that exceed the known state of the art in science or technology, including in the areas of propulsion, aerodynamic control, signatures, structures, materials, sensors, countermeasures, weapons, electronics, and power generation; and (2) provide the foundation for potential future investments to replicate any such advanced characteristics and performance. (g) Assignment of priority The Director, in consultation with, and with the recommendation of the Secretary, shall assign an appropriate level of priority within the National Intelligence Priorities Framework to the requirement to understand, characterize, and respond to unidentified aerial phenomena. (h) Annual report (1) Requirement Not later than October 31, 2022, and annually thereafter until October 31, 2026, the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report on unidentified aerial phenomena. (2) Elements Each report under paragraph (1) shall include, with respect to the year covered by the report, the following information: (A) All reported unidentified aerial phenomena-related events that occurred during the one-year period. (B) All reported unidentified aerial phenomena-related events that occurred during a period other than that one-year period but were not included in an earlier report. (C) An analysis of data and intelligence received through each reported unidentified aerial phenomena-related event. (D) An analysis of data relating to unidentified aerial phenomena collected through— (i) geospatial intelligence; (ii) signals intelligence; (iii) human intelligence; and (iv) measurement and signature intelligence. (E) The number of reported incidents of unidentified aerial phenomena over restricted air space of the United States during the one-year period. (F) An analysis of such incidents identified under subparagraph (E). (G) Identification of potential aerospace or other threats posed by unidentified aerial phenomena to the national security of the United States. (H) An assessment of any activity regarding unidentified aerial phenomena that can be attributed to one or more adversarial foreign governments. (I) Identification of any incidents or patterns regarding unidentified aerial phenomena that indicate a potential adversarial foreign government may have achieved a breakthrough aerospace capability. (J) An update on the coordination by the United States with allies and partners on efforts to track, understand, and address unidentified aerial phenomena. (K) An update on any efforts underway on the ability to capture or exploit discovered unidentified aerial phenomena. (L) An assessment of any health-related effects for individuals that have encountered unidentified aerial phenomena. (M) The number of reported incidents, and descriptions thereof, of unidentified aerial phenomena associated with military nuclear assets, including strategic nuclear weapons and nuclear-powered ships and submarines. (N) In consultation with the Administrator for Nuclear Security, the number of reported incidents, and descriptions thereof, of unidentified aerial phenomena associated with facilities or assets associated with the production, transportation, or storage of nuclear weapons or components thereof. (O) In consultation with the Chairman of the Nuclear Regulatory Commission, the number of reported incidents, and descriptions thereof, of unidentified aerial phenomena or drones of unknown origin associated with nuclear power generating stations, nuclear fuel storage sites, or other sites or facilities regulated by the Nuclear Regulatory Commission. (P) The names of the line organizations that have been designated to perform the specific functions under subsections (c) and (d), and the specific functions for which each such line organization has been assigned primary responsibility. (3) Form Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (i) Semiannual briefings (1) Requirement Not later than 90 days after the date of the enactment of this Act and not less frequently than semiannually thereafter until December 31, 2026, the head of the Office established under subsection (a) shall provide to the congressional committees specified in subparagraphs (A), (B), and (D) of subsection (l)(1) classified briefings on unidentified aerial phenomena. (2) First briefing The first briefing provided under paragraph (1) shall include all incidents involving unidentified aerial phenomena that were reported to the Unidentified Aerial Phenomena Task Force or to the Office established under subsection (a) after June 24, 2021, regardless of the date of occurrence of the incident. (3) Subsequent briefings Each briefing provided subsequent to the first briefing described in paragraph (2) shall include, at a minimum, all events relating to unidentified aerial phenomena that occurred during the previous 180 days, and events relating to unidentified aerial phenomena that were not included in an earlier briefing. (4) Instances in which data was not shared For each briefing period, the head of the Office established under subsection (a) shall jointly provide to the chairman and the ranking minority member or vice chairman of the congressional committees specified in subparagraphs (A) and (D) of subsection (k)(1) an enumeration of any instances in which data relating to unidentified aerial phenomena was not provided to the Office because of classification restrictions on that data or for any other reason. (j) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out the work of the Office established under subsection (a), including with respect to— (1) general intelligence gathering and intelligence analysis; and (2) strategic defense, space defense, defense of controlled air space, defense of ground, air, or naval assets, and related purposes. (k) Task force termination Not later than the date on which the Secretary establishes the Office under subsection (a), the Secretary shall terminate the Unidentified Aerial Phenomenon Task Force. (l) Definitions In this section: (1) The term appropriate congressional committees means the following: (A) The Committees on Armed Services of the House of Representatives and the Senate. (B) The Committees on Appropriations of the House of Representatives and the Senate. (C) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (D) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (3) The term line organization means, with respect to a department or agency of the Federal Government, an organization that executes programs and activities to directly advance the core functions and missions of the department or agency to which the organization is subordinate, but, with respect to the Department of Defense, does not include a component of the Office of the Secretary of Defense. (4) The term transmedium objects or devices means objects or devices that are observed to transition between space and the atmosphere, or between the atmosphere and bodies of water, that are not immediately identifiable. (5) The term unidentified aerial phenomena means— (A) airborne objects that are not immediately identifiable; (B) transmedium objects or devices; and (C) submerged objects or devices that are not immediately identifiable and that display behavior or performance characteristics suggesting that the objects or devices may be related to the objects or devices described in subparagraph (A) or (B). 1684. Determination on certain activities with unusually hazardous risks (a) Report required For fiscal years 2022 and 2023, the Secretary concerned shall prepare a report for each indemnification request made by a covered contractor with respect to a contract. Such report shall include the following elements: (1) A determination of whether the performance of the contract includes an unusually hazardous risk (as defined in this section). (2) An estimate of the maximum probable loss for claims or losses arising out of the contract. (3) Consideration of requiring the covered contractor to obtain liability insurance to compensate for claims or losses to the extent such insurance is available under commercially reasonable terms and pricing, including any limits, sub-limits, exclusions and other coverage restrictions. (4) Consideration of not requiring a covered contractor to obtain liability insurance in amounts greater than amounts available under commercially reasonable terms and pricing or the maximum probable loss, whichever is less. (b) Submission to Congress Not later than 90 days after the date on which the Secretary concerned receives an indemnification request by a covered contractor during the period beginning on the date of the enactment of this Act and ending on September 30, 2023, the Secretary concerned shall submit to the congressional defense committees the report required under subsection (a). (c) Review (1) Requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the implementation by the Department of Defense of section 2354 of title 10, United States Code, and Executive Order 10789, as amended, pursuant to Public Law 85–804 ( 50 U.S.C. 1431 et seq. ) with regard to indemnifying a contractor for the performance of a contract that includes unusually hazardous risk. (2) Matters included The review required under paragraph (1) shall include the following: (A) A determination of the extent to which each Secretary concerned is implementing such section 2354 and such Executive Order 10789 consistently. (B) Identification of discrepancies and potential remedies in the military departments with respect to such implementation. (3) Briefing Not later than 120 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the findings of the review under paragraph (1). (d) Definitions In this section: (1) The term covered contractor means a current or prospective prime contractor of the Department of Defense. (2) The term military department has the meaning given in section 101 of title 10, United States Code. (3) The term indemnification request means a request for indemnification made by a covered contractor under section 2354 of title 10, United States Code, or Executive Order 10789, as amended, pursuant to public Law 85–804 ( 50 U.S.C. 1431 et seq. ) that includes sufficient supporting justification to support a determination as required under those provisions. (4) The term Secretary concerned means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy; and (C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force. (5) The term unusually hazardous risk means risk of burning, explosion, detonation, flight or surface impact, or toxic or hazardous material release associated with one or more of the following products or programs: (A) Products or programs relating to any hypersonic weapon system, including boost glide vehicles and air-breathing propulsion systems. (B) Products or programs relating to rocket propulsion systems, including, at a minimum, with respect to rockets, missiles, launch vehicles, rocket engines or motors or hypersonic weapons systems using either a solid or liquid high energy propellant inclusive of any warhead, if any, in excess of 1000 pounds of the chemical equivalent of TNT. (C) Products or programs relating to the introduction, fielding or incorporating of any item containing high energy propellants, inclusive of any warhead, if any, in excess of 1000 pounds of the chemical equivalent of TNT into any ship, vessel, submarine, aircraft, or spacecraft. (D) Products or programs relating to a classified program where insurance is not available due to the prohibition of disclosure of classified information to commercial insurance providers, and without such disclosure access to insurance is not possible. (E) Any other product or program for which the contract under which the product or program is carried out includes a risk that the contract defines as unusually hazardous. 1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands (a) Study The Public Interest Declassification Board established by section 703 of the Public Interest Declassification Act of 2000 ( 50 U.S.C. 3355a ) shall conduct a study on the feasibility of carrying out a declassification review relating to nuclear weapons, chemical weapons, or ballistic missile tests conducted by the United States in the Marshall Islands, including with respect to cleanup activities and the storage of waste relating to such tests. (b) Report Not later than 90 days after the date of the enactment of this Act, the Board shall submit to the Secretary of Defense, the Secretary of Energy, and the congressional defense committees a report containing the findings of the study conducted under subsection (a). The report shall include the following: (1) The feasibility of carrying out the declassification review described in such subsection. (2) The resources required to carry out the declassification review. (3) A timeline to complete such the declassification review. (4) Any other issues the Board determines relevant. (c) Comments The Secretary of Defense and the Secretary of Energy may submit to the congressional defense committees any comments the respective Secretary determines relevant with respect to the report submitted under subsection (b). (d) Assistance The Secretary of Defense and Secretary of Energy shall each provide to the Board such assistance as the Board requests in conducting the study under subsection (a). 1686. Protection of Major Range and Test Facility Base The Secretary of Defense may authorize, consistent with the authorities of the Secretary, such actions as are necessary to mitigate threats posed by space-based assets to the security or operation of the Major Range and Test Facility Base (as defined in section 196(i) of title 10, United States Code). 1687. Congressional Commission on the Strategic Posture of the United States (a) Establishment There is established in the legislative branch a commission to be known as the Congressional Commission on the Strategic Posture of the United States (in this section referred to as the Commission ). The purpose of the Commission is to examine and make recommendations to the President and Congress with respect to the long-term strategic posture of the United States. (b) Composition (1) Membership The Commission shall be composed of 12 members appointed as follows: (A) One by the Speaker of the House of Representatives. (B) One by the minority leader of the House of Representatives. (C) One by the majority leader of the Senate. (D) One by the minority leader of the Senate. (E) Two by the chairperson of the Committee on Armed Services of the House of Representatives. (F) Two by the ranking minority member of the Committee on Armed Services of the House of Representatives. (G) Two by the chairperson of the Committee on Armed Services of the Senate. (H) Two by the ranking minority member of the Committee on Armed Services of the Senate. (2) Qualifications (A) In general The members appointed under paragraph (1) shall be from among individuals who— (i) are United States citizens; (ii) are not officers or employees of the Federal Government or any State or local government; and (iii) have received national recognition and have significant depth of experience in such professions as governmental service, law enforcement, the Armed Forces, law, public administration, intelligence gathering, commerce (including aviation matters), or foreign affairs. (B) Political party affiliation Not more than six members of the Commission may be appointed from the same political party. (3) Deadline for appointment (A) In general All members of the Commission shall be appointed under paragraph (1) not later than 45 days after the date of the enactment of this Act. (B) Effect of lack of appointments by appointment date If one or more appointments under paragraph (1) is not made by the date specified in subparagraph (A)— (i) the authority to make such appointment or appointments shall expire; and (ii) the number of members of the Commission shall be reduced by the number of appointments not made by that date. (4) Chairperson; vice chairperson (A) Chairperson The chairpersons of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as chairperson of the Commission. (B) Vice chairperson The ranking minority members of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as vice chairperson of the Commission. (5) Activation (A) In general The Commission— (i) may begin operations under this section on the date on which not less than 2/3 of the members of the Commission have been appointed under paragraph (1); and (ii) shall meet and begin the operations of the Commission as soon as practicable after the date described in clause (i). (B) Subsequent meetings After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. (6) Quorum Eight members of the Commission shall constitute a quorum. (7) Period of appointment; vacancies Members of the Commission shall be appointed for the life of the Commission. A vacancy in the Commission does not affect the powers of the Commission and shall (except as provided by paragraph (3)(B)) be filled in the same manner in which the original appointment was made. (8) Removal of members (A) In general A member of the Commission may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of the member under paragraph (1), provided that notice is first provided to that official of the cause for removal, and removal is voted and agreed upon by 3/4 of the members of the Commission. (B) Vacancies A vacancy created by the removal of a member of the Commission under subparagraph (A) does not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (c) Duties (1) Review The Commission shall conduct a review of the strategic posture of the United States, including a strategic threat assessment and a detailed review of nuclear weapons policy, strategy, and force structure and factors affecting the strategic stability of near-peer competitors of the United States. (2) Assessment and recommendations (A) Assessment The Commission shall assess— (i) the benefits and risks associated with the current strategic posture and nuclear weapons policies of the United States; (ii) factors affecting strategic stability that relate to the strategic posture; and (iii) lessons learned from the findings and conclusions of the Congressional Commission on the Strategic Posture of the United States established by section 1062 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 319) and other previous commissions and previous Nuclear Posture Reviews. (B) Recommendations The Commission shall make recommendations with respect to— (i) the most appropriate strategic posture; (ii) the extent to which capabilities other than nuclear weapons can contribute to or detract from strategic stability; and (iii) the most effective nuclear weapons strategy for strategic posture and stability. (d) Report and briefing required (1) In general Not later than December 31, 2022, the Commission shall submit to the President and the Committees on Armed Services of the Senate and the House of Representatives a report on the Commission’s findings, conclusions, and recommendations. (2) Elements The report required by paragraph (1) shall include— (A) the recommendations required by subsection (c)(2)(B); (B) a description of the military capabilities and force structure necessary to support the nuclear weapons strategy recommended under that subsection, including nuclear, nonnuclear kinetic, and nonkinetic capabilities that might support the strategy, and other factors that might affect strategic stability; (C) a description of the nuclear infrastructure (that is, the size of the nuclear complex) required to support the strategy and the appropriate organizational structure for the nuclear security enterprise; (D) an assessment of the role of missile defenses in the strategy; (E) an assessment of the role of cyber defense capabilities in the strategy; (F) an assessment of the role of space systems in the strategy; (G) an assessment of the role of nonproliferation programs in the strategy; (H) an assessment of the role of nuclear arms control in the strategy; (I) an assessment of the political and military implications of the strategy for the United States and its allies; and (J) any other information or recommendations relating to the strategy (or to the strategic posture) that the Commission considers appropriate. (3) Interim briefing Not later than 180 days after the deadline for appointment of members of the Commission specified in subsection (b)(3)(A), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the review, assessments, and recommendations required by subsection (c), including a discussion of any interim recommendations. (e) Information from Federal agencies (1) In general The Commission may secure directly from the Department of Defense, the National Nuclear Security Administration, the Department of State, or the Office of the Director of National Intelligence information, suggestions, estimates, and statistics for the purposes of this section. Each of such agency shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon receiving a request made by— (A) the chairperson of the Commission; (B) the chairperson of any subcommittee of the Commission created by a majority of members of the Commission; or (C) any member of the Commission designated by a majority of the Commission for purposes of making requests under this paragraph. (2) Receipt, handling, storage, and dissemination Information, suggestions, estimates, and statistics provided to the Commission under paragraph (1) may be received, handled, stored, and disseminated only by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (f) Assistance from Federal agencies In addition to information, suggestions, estimates, and statistics provided under subsection (e), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as those departments and agencies may determine advisable and as may be authorized by law. (g) Compensation and travel expenses (1) Status as Federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the requirements relating to supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees. (2) Compensation Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (3) Travel expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (h) Staff (1) Executive director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (2) Pay The Executive Director appointed under paragraph (1) may, with the approval of the Commission, appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (i) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (j) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (k) Authority to accept gifts (1) In general The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority under this paragraph does not extend to gifts of money. (2) Documentation; conflicts of interest The Commission shall document gifts accepted under the authority provided by paragraph (1) and shall avoid conflicts of interest or the appearance of conflicts of interest. (3) Compliance with congressional ethics rules Except as specifically provided in this section, a member of the Commission shall comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and the House of Representatives, respectively. (l) Postal services The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (m) Commission support Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to provide appropriate staff and administrative support for the activities of the Commission. (n) Expedition of security clearances The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the Commission by offices of the Senate and the House of Representatives, respectively, under processes developed for the clearance of legislative branch employees. (o) Legislative advisory committee The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act ). (p) Funding Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $7,000,000 shall be made available to the Commission to carry out its duties under this section. Funds made available to the Commission under the preceding sentence shall remain available until expended. (q) Termination (1) In general The Commission, and all authorities under this section, shall terminate on the date that is 90 days after the Commission submits the final report required by subsection (d). (2) Administrative actions before termination The Commission may use the 90-day period described in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress with respect to and disseminating the report required by subsection (d). 1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA (a) Definitions; effective date; applicability (1) Definitions In this section, the terms FY2021 NDAA and such Act mean the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) Amendments to apply pre-transfer of defense acquisition statutes The amendments made by subsections (b), (i), and (j) through (v) shall apply as if included in the enactment of title XVIII of the FY2021 NDAA as enacted. (3) Amendments to take effect post-transfer of defense acquisition statutes The amendments made by subsections (c) through (h) and (w) shall take effect immediately after the amendments made by title XVIII of the FY2021 NDAA have taken effect. Sections 1883 through 1885 of the FY2021 NDAA shall apply with respect to the transfers, redesignations, and amendments made under such subsections as if such transfers, redesignations, and amendments were made under title XVIII of the FY2021 NDAA. (4) Reorganization regulation update notice Section 1801(d)(3)(B)(i) of FY2021 NDAA is amended by inserting and provides public notice that such authorities have been revised and modified pursuant to such paragraph after paragraph (2). (5) Savings provision relating to transfer and reorganization of defense acquisition statutes If this Act is enacted after December 31, 2021, notwithstanding section 1801(d)(1) of the FY2021 NDAA, the amendments made by title XVIII of the FY2021 NDAA shall take effect immediately after the enactment of this Act. (b) Technical corrections to title XVIII of FY2021 NDAA Title XVIII of the FY2021 NDAA is amended as follows: (1) Section 1806(a) is amended in paragraph (4) by striking Transfer and all that follows through and amended and inserting the following: Restatement of section 2545(1).— Section 3001 of such title, as added by paragraph (1), is further amended by inserting after subsection (b), as transferred and redesignated by paragraph (3), a new subsection (c) having the text of paragraph (1) of section 2545 of such title, as in effect on the day before the date of the enactment of this Act, revised. (2) Section 1807 is amended— (A) in subsection (b)(1), by striking new sections and inserting new section ; (B) in subsection (c)(3)(A)— (i) by striking the semicolon and close quotation marks at the end of clause (i) and inserting close quotation marks and a semicolon; and (ii) by striking by any in the matter to be inserted by clause (ii); and (C) in subsection (e)— (i) by striking of this title in the matter to be inserted by paragraph (2)(B); and (ii) by striking Sections in the quoted matter before the period at the end of paragraph (3) and inserting For purposes of. (3) Section 1809(e) is amended by striking subparagraph (B) of paragraph (2) (including the amendment made by that subparagraph). (4) Section 1811 is amended— (A) in subsection (c)(2)— (i) in subparagraph (B), by striking the comma before the close quotation marks in both the matter to be stricken and the matter to be inserted; and (ii) in subparagraph (D), by inserting a comma after 3901 in the matter to be inserted; (B) in subsection (d)(3)(B)— (i) by striking the dash after mobilization in the matter to be inserted by clause (ii) and inserting a semicolon; and (ii) by striking the dash after center in the matter to be inserted by clause (iv) and inserting ; or ; (C) in subsection (d)(4)(D), by striking this in the matter to be stricken by clause (ii) and inserting This ; (D) in subsection (d)(5)(A), by striking inserting and all that follows through ; and and inserting inserting Offer requests to potential sources.— before The head of an agency ; and ; (E) in subsection (d)(6)(A), in the matter to be inserted— (i) by striking the close quotation marks after Procedures.— ; and (ii) by striking the comma after (7) ; and (F) in subparagraphs (C)(ii) and (E)(ii) of subsection (e)(3), by striking and (ii) each place it appears and inserting and (iii). (5) Section 1813 is amended in subsection (c)(1)(D) by inserting and inserting after the first close quotation marks. (6) Section 1816(c) is amended— (A) in paragraph (5)— (i) in subparagraph (C)— (I) by striking the second sentence and inserting the second and third sentences ; and (II) by striking subsection (d) and inserting subsections (d) and (e), respectively ; and (ii) by striking subparagraph (G) and inserting the following: (G) in subsection (d), as so designated, by inserting Notice of award.— before The head of ; and (H) in subsection (e), as so designated, by striking This subparagraph does not and inserting Exception for perishable subsistence items.— Subsections (c) and (d) do not. ; and (B) in paragraph (7)(J)(ii), in the matter to be inserted, by inserting under before this section. (7) Section 1818 is amended by striking the close quotation marks and second period at the end of subsection (b). (8) Section 1820 is amended— (A) in subsection (a), in the matter to be inserted, by striking the item relating to section 3404 and inserting the following new item: 3404. Reserved. ; (B) in subsection (c)(3)(A), by striking section in the matter to be stricken; and (C) in subsection (d)(4)(B), by inserting section before 3403(b) in the matter to be inserted. (9) Section 1821 is amended in subsection (b)(5) by striking subsection (b)(2)(B)(i) and inserting subsection (c)(2)(B)(i). (10) Section 1831 is amended— (A) in subsection (b), by striking redesignated as subsection (a), and and inserting amended by striking the subsection designation and subsection heading, and further ; (B) in subsection (c)(2)(A), in the matter to be stricken, by striking the and inserting The ; (C) in subsection (c)(2)(D)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; (D) in subsection (c)(2)(E)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; and (iii) by inserting and after the semicolon at the end; (E) in subsection (c)(2)(F)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; and (iii) by striking the semicolon at the end and inserting a period; (F) in subsection (c)(4)(A), by striking the matter proposed to be inserted and inserting Certification.— ; (G) in subsection (c)(8)— (i) by striking subparagraph (C); and (ii) in subparagraph (B), by adding and at the end; (H) in subsection (h), by striking such section 3706 in paragraphs (2) and (3) and inserting such section 3707 ; and (I) in subsection (j)— (i) in paragraph (3), in the matter to be inserted, by striking 3701–3708 and inserting 3701 through 3708 ; and (ii) by striking paragraphs (4) and (5). (11) Section 1832(i)(7)(F)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vi) in subparagraph (B) (as so redesignated), by striking paragraph (1) and inserting subsection (b).. (12) Section 1833 is amended— (A) in subsection (n), in the section heading for section 3791, by striking department of defense and inserting Department of Defense ; and (B) in subsection (o)(2), by striking Section and as section and inserting Sections and as sections , respectively. (13) Section 1834(h)(2) is amended by striking section 3801(1) in the matter to be inserted and inserting section 3801(a). (14) Section 1845(c)(2) is amended by striking section in the matter to be stricken and inserting sections. (15) Section 1846 is amended— (A) in subsection (f)(6)(A), in the matter to be inserted, by inserting a period after Oversight ; (B) in subsection (i)(3), by striking Section 1706(c)(1) and inserting Section 1706(a) ; and (C) by adding at the end the following: (j) Further cross-reference amendment Section 1706(a) of title 10, United States Code, is further amended by striking section 2430(a)(1)(B) and inserting section 4201(a)(2).. (16) Section 1847 is amended— (A) in the table of subchapters to be inserted by subsection (a), by striking the item relating to the second subchapter III (relating to contractors) and inserting the following: V. Contractors 4291 ; and (B) in subsection (e)(3)(A), by inserting section before 4376(a)(1) in the matter to be inserted. (17) Section 1848(d) is amended by striking paragraph (2). (18) Section 1850(e)(2) is amended by inserting transferred and before redesignated. (19) Section 1856 is amended— (A) in subection (f)(5)(A), in the matter to be inserted, by striking the comma at the end; and (B) in subsection (h), by striking subsection (d) and inserting subsection (g). (20) Section 1862(c)(2) is amended by striking section 4657 and inserting section 4658. (21) Section 1866 is amended— (A) in subsection (c)— (i) in paragraph (1), by inserting and at the end; (ii) in paragraph (2), by striking ; and at the end and inserting a period; and (iii) by striking paragraph (3) (including the amendment made by that paragraph); and (B) in subsection (d), by striking 4817 in the matter to be inserted by paragraph (4)(A)(ii) and inserting 4818. (22) Section 1867(d) is amended— (A) in paragraph (3), by striking Section 4814 and inserting Section 4814(a) ; (B) by amending paragraph (5) to read as follows: (5) Section 4818 is amended in subsection (a)— (A) by striking of this chapter and inserting of chapters 381 through 385 and chapter 389 ; and (B) by striking under this chapter and inserting under such chapters. ; and (C) by adding at the end the following new paragraph: (7) Section 4817(d)(1) is amended by striking this chapter and inserting chapters 381 through 385 and chapter 389.. (23) Section 1870(c)(3) is amended— (A) by inserting after subparagraph (A) the following new subparagraph: (B) in each of paragraphs (4) and (5) of subsection (d), by striking section 2500(1) and inserting section 4801(1) ; ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (C) in subparagraph (D) (as so redeisgnated), by striking of the first subsection (k) (relating to Limitation on certain procurements application process ), and inserting of subsection (j),. (24) Section 1872(a) is amended in each of paragraphs (5) through (11) by striking chapter 385 of such title, as amended and inserting chapter 388 of such title, as added. (c) Conforming amendments to provisions of title 10, United States Code, that are transferred and redesignated by title XVIII of the FY2021 NDAA Title 10, United States Code, as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows: (1) Section 3221 of title 10, United States Code, as added by subsection (a) and amended by subsection (b) of section 1812 of such Act, is amended in subsection (c) by striking under this section and inserting under this chapter. (2) Section 3223 of such title, as added by subsection (a) and amended by subsection (d) of section 1812 of such Act, is amended by striking under this section in paragraph (2) and inserting under this chapter. (3) Section 3702 of such title, as added and amended by section 1831 of such Act, is amended— (A) in subsection (a)(3) by striking under this section in the matter preceding subparagraph (A) and inserting under this chapter ; and (B) in subsection (d), by striking this section and inserting this chapter. (4) Section 4375 of such title, as added by subsection (a) and amended by subsection (i) of section 1850 of such Act, is amended in subsection (d)(7)— (A) by striking under the program (i) expressed as and inserting under the program— (A) expressed as ; and (B) by striking or subprogram, and (ii) expressed as and inserting “or subprogram; and (B) expressed as. (d) Cross-reference amendments within transferred sections Title 10, United States Code, as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows: (1) Section 3131 of title 10, United States Code, as transferred and redesignated by section 1809(b) of such Act, is amended in subsection (b)(1) by striking section 2353 and inserting section 4141. (2) Section 3137 of such title, as transferred and redesignated by section 1809(h)(1) of such Act, is amended in subsection (b)(2) by striking section 2330a and inserting section 4505. (3) Section 3203 of such title, as added by paragraph (1) and amended by paragraph (2) of section 1811(d)(2) of such Act, is amended in subsection (c) by striking paragraphs (1) and (2) and inserting subsections (a)(1) and (b). (4) Section 3206 of such title, as added by paragraph (1) and amended by paragraphs (2) and (3) of section 1811(e)(2) of such Act, is amended in subsection (a)(3) by striking subparagraphs (A) and (B) in the matter preceding subparagraph (A) and inserting paragraphs (1) and (2). (5) Section 3221 of such title, as added by subsection (a) and amended by subsection (b) of section 1812 of such Act, is amended in subsection (b)(2) by striking chapter 144 before of this title and inserting chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328. (6) Section 3862 of such title, as transferred and redesignated by section 1836(b) of such Act, is amended in subsection (b) by striking section 2303(a) and inserting section 3063. (7) Section 4008 of such title, as transferred and redesignated by section 1841(c) of such Act, is amended by striking section 2303(a) in subsections (a) and (d) and inserting section 3063. (8) Section 4061 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended in subsection (b)(5) by striking section 2302e and inserting section 4004. (9) Section 4062 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended— (A) in subsection (c)(4)(A)— (i) in clause (i), by striking section 2433(d) and inserting section 4374 ; and (ii) in clause (ii), by striking section 2433(e)(2)(A) and inserting section 4375(b) ; (B) in subsection (j), by striking chapter 137 and inserting sections 3201 through 3205 ; and (C) in subsection (k)(2), by striking (as defined in section 2302(5) of this title). (10) Section 4171 of such title, as transferred and redesignated by section 1845(b) of such Act, is amended in subsection (a)(2)— (A) in subparagraph (A), by striking within the meaning and all that follows through this title ; and (B) in subparagraph (B), by striking under and all that follows through this title and inserting under section 4203(a)(1) of this title. (11) Section 4324 of such title, as amended by section 802(a) and transferred and redesignated by section 1848(d)(1) of such Act, is amended in subsection (d)— (A) in paragraph (5), by striking section 2430 in subparagraph (A) and section 2430(a)(1)(B) in subparagraph (B) and inserting section 4201 and section 4201(a)(2) of this title , respectively; (B) in paragraph (6), by striking section 2366(e)(7) and inserting section 4172(e)(7) ; and (C) in paragraph (7), by striking section 2431a(e)(5) and inserting section 4211(e)(3). (12) Section 4375 of such title, as added by subsection (a) and amended by subsection (h) section 1850), is amended in subsection (c)(2)— (A) in subparagraph (A), by striking or (b)(2) ; and (B) in subparagraph (B)— (i) by striking or (b)(2) ; and (ii) by striking subsection (b)(1) and inserting section 4376. (13) Section 4505 of such title, as transferred and redesignated by section 1856(g) of such Act, is amended by striking section 2383(b)(3) in subsection (h)(2) and inserting section 4508(b)(3). (14) Section 4660 of such title, as transferred and redesignated by section 1862(b) of such Act, is amended by striking section 2324 in subsection (c)(2) and inserting subchapter I of chapter 273. (15) Section 4814 of such title, as transferred and redesignated by section 1867(b) of such Act, is amended by striking subchapter V of chapter 148 in paragraph (5) of subsection (a), as added by section 842(a)(2) of such Act, and inserting chapter 385. (16) Section 4819 of such title, as transferred and redesignated by section 1867(b) of such Act and amended by section 843 of such Act, is amended in subsection (b)(2)— (A) in subparagraph (C)(xi), by striking section 2339a and inserting section 3252 ; and (B) in subparagraph (E)— (i) in clause (i), by striking (as defined in section 2500(1) of this title) ; (ii) in clause (ii), by striking section 2533a and inserting section 4862 ; and (iii) in clause (v), by striking section 2521 and inserting sections 4841 and 4842. (17) Section 4862 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended by striking section 2304(c)(2) in subsection (d)(4) and inserting section 3204(a)(2). (18) Section 4863 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended— (A) in subsection (c)(2), by striking section 2304(c)(2) and inserting section 3204(a)(2) ; and (B) in subsection (f), by striking section 2304(g) and inserting section 3205. (19) Section 4981 of such title, as transferred by subsection (b) and redesignated by subsection (c) of section 1873 of such Act, is amended by striking section 2501(a) in subsection (a) and inserting section 4811(a). (e) Disposition of new title 10 acquisition provisions added by the FY2021 NDAA (1) Transfer of new section 2339c (A) Transfer Section 2339c of title 10, United States Code, as added by section 803 of the FY2021 NDAA, is transferred to chapter 873 of such title, inserted after section 8754, and redesignated as section 8755, and amended in subsection (d)(3) by striking section 2430 and inserting section 4201. (B) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 8755. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts.. (2) Transfer of new section 2533d (A) Transfer Section 2533d of title 10, United States Code, as added by section 841(a) of the FY2021 NDAA, is transferred to chapter 385 of such title, inserted after section 4872 of subchapter III of such chapter, redesignated as section 4873, and amended in subsection (a)(2) by striking section 2338 and inserting section 3573. (B) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4872 the following new item: 4873. Additional requirements pertaining to printed circuit boards.. (3) Transfer of new section 2358c (A) Transfer Section 2358c of title 10, United States Code, as added by section 1115(a) of the FY2021 NDAA, is transferred to subchapter II of chapter 303 of such title, as added by section 1842(a) of the FY2021 NDAA, inserted after section 4093, as transferred and redesignated by section 1843(a) (as amended by this section), and redesignated as section 4094. (B) Clerical amendments The table of sections at the beginning of such chapter, as added by section 1842(a) of the FY2021 NDAA (as amended by this section), is amended by inserting after the item relating to section 4093 the following new item: 4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories.. (4) Transfer of new section 2374b (A) Transfer Section 2374b of title 10, United States Code, as added by section 212(a)(1) of the FY2021 NDAA, is transferred to subchapter II of chapter 301 of such title, added at the end of such subchapter, and redesignated as section 4027. (B) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4027. Disclosure requirements for recipients of research and development funds.. (f) Amendments to tables of sections Title 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 136 is amended by striking the item relating to section 2283. (2) The table of sections at the beginning of chapter 165 is amended by striking the item relating to section 2784. (3) The table of sections at the beginning of chapter 203, as added by section 1807(a) of the FY2021 NDAA, is amended in the item relating to section 3064 by inserting of after Applicability. (4) The table of sections at the beginning of chapter 223, as added by section 1813(a) of such Act, is amended by striking the item relating to section 3248 and inserting the following new item: 3248. Reserved.. (5) The table of sections at the beginning of subchapter II of chapter 273, as added by section 1832(j) of such Act, is amended by striking the items relating to sections 3764 and 3765. (6) The table of sections at the beginning of subchapter III of chapter 275, as added by section 1833(n) of such Act, is amended by striking the item relating to section 3792 and inserting the following new item: 3792. Reserved.. (7) The table of sections at the beginning of subchapter I of chapter 322, as added by section 1847(a), is amended by striking the item relating to section 4212 and inserting the following new item: 4212. Risk management and mitigation in major defense acquisition programs and major systems.. (8) The table of sections at the beginning of subchapter II of chapter 322, as added by section 1847(a), is amended by striking the item relating to section 4232 and inserting the following new item: 4232. Prohibition on use of lowest price technically acceptable source selection process.. (9) The table of sections at the beginning of chapter 323, as added by section 1848(a), is amended by striking the item relating to section 4324 and inserting the following new item: 4324. Life-cycle management and product support.. (10) The table of sections at the beginning of chapter 382, as added by section 1867(a) of such Act, is amended by striking the item relating to section 4814 and inserting the following new item: 4814. National technology and industrial base: annual report and quarterly briefings.. (g) Amendments to tables of chapters The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended— (1) in the items for chapters 203, 205, and 207, by striking the section number at the end of each item and inserting 3061 , 3101 , and 3131 , respectively; (2) by striking the item for chapter 247 and inserting the following: 247. Procurement of Commercial Products and Commercial Services 3451 ; (3) in the item for chapter 251, by striking the section number at the end and inserting 3571 ; (4) by striking the item for chapter 257 and inserting the following: 257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat Vehicles 3671 258. Other Types of Contracts Used for Procurements for Particular Purposes 3681 ; and (5) by striking the last word in the item for the heading for subpart D and inserting Provisions. (h) Amendments to headings Subtitle A of title 10, United States Code, is amended as follows: (1) The heading of subpart D of part V is amended to read as follows: D General Contracting Provisions . (2) The heading of subchapter II of chapter 273, as added by section 1832(j) of the FY2021 NDAA, is amended to read as follows: II Other Allowable Cost Provisions . (i) Amendments to delete headings from sections specified as Reserved Title XVIII of the FY2021 NDAA is amended as follows: (1) Chapter 201 The matter inserted by section 1806(a)(1) is amended— (A) in each of the items relating to sections 3003 and 3005 in the table of sections at the beginning of subchapter I, by striking the text after the section designation and inserting Reserved. ; (B) by striking section 3003 and inserting the following: 3003. Reserved ; and (C) by striking section 3005 and inserting the following: 3005. Reserved . (2) Chapter 209 (A) In the table of contents for chapter 209 inserted by section 1810(a), by striking the text after the subchapter II designation and inserting Reserved. (B) Section 1810(d) is amended to read as follows: (d) Additional subchapter Chapter 209 of title 10, United States Code, is amended by adding at the end the following new subchapter: II Reserved Sec. 3171. Reserved. 3172. Reserved. 3171. Reserved 3172. Reserved .. (3) Chapter 225 The matter inserted by section 1813(h) is amended by striking the text after the chapter designation and inserting Reserved. (4) Chapter 242 The matter inserted by section 1817(a) is amended— (A) in the item relating to section 3324 in the table of sections, by striking the text after the section designation and inserting Reserved. ; and (B) by striking section 3324 and inserting the following: 3324. Reserved . (5) Chapter 253 (A) The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the text after the chapter designation for chapter 253 in each place and inserting Reserved. (B) Section 1824 is amended— (i) in the matter inserted by subsection (a), by striking the text after the chapter designation and inserting Reserved ; and (ii) in the matter inserted by subsection (b), by striking the text after the chapter designation and inserting Reserved. (6) Chapter 272 The matter inserted by section 1831(k) is amended— (A) by striking the text after the chapter designation and inserting Reserved ; and (B) by striking all after the chapter heading and inserting the following: Sec. 3721. Reserved. 3722. Reserved. 3723. Reserved. 3724. Reserved. 3721. Reserved 3722. Reserved 3723. Reserved 3724. Reserved . (7) Chapter 279 (A) The matter inserted by section 1835(a) is amended in the table of sections by striking the text after the section designation in each of the items relating to sections 3843, 3844, and 3846 and inserting Reserved.. (B) Section 1835(e) is amended— (i) by striking the matter inserted by paragraph (1) and inserting the following: 3843. Reserved 3844. Reserved ; and (ii) by striking matter inserted by paragraph (2) and inserting the following: 3846. Reserved . (8) Chapter 283 (A) The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the text after the chapter designation for chapter 283 in each place and inserting Reserved. (B) Section 1837 is amended to read as follows: 1837. Reservation of chapter 283 Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended by striking chapter 283 and inserting the following: 283 Reserved .. (9) Chapter 343 Section 1856 is amended— (A) in the matter to be inserted by subsection (a), by striking the text following the designation of chapter 343 and inserting Reserved ; and (B) by amending the matter to be inserted by subsection (j) to read as follows: 343 Reserved Subchapter Sec. I. Reserved 4541 II. Reserved 4551 I Reserved Sec. 4541. Reserved. II Reserved Sec. 4551. Reserved.. (10) Chapter 387 Section 1871 is amended by amending the matter to be inserted by subsection (a)(2)— (A) by inserting after the item relating to subchapter I the following new item: II. Reserved 4991 ; and (B) by inserting after the item relating to section 4901 the following new item: II Reserved Sec. 4911. Reserved.. (j) Revised section relating to regulations Section 1807(b) of the FY2021 NDAA is amended in the matter to be inserted by paragraph (1), by striking shall prescribe and inserting is required by section 2202 of this title to prescribe. (k) Revised transfer of sections relating to multiyear contracts for acquisition of property Section 1822 of the FY2021 NDAA is amended as follows: (1) Revised sections In the matter to be inserted by subsection (a)— (A) in the table of sections for subchapter I, by striking the items relating to sections 3501 through 3511 and inserting the following: 3501. Multiyear contracts: acquisition of property. ; and (B) by striking the section headings for sections 3501 through 3511 and inserting the following: 3501. Multiyear contracts: acquisition of property . (2) Transfer of section 2306b Such section is further amended— (A) by striking subsections (b) through (l); and (B) by inserting after subsection (a) the following new section: (b) Transfer of section 2306b Section 2306b of title 10, United States Code, is transferred to section 3501 of such title, as added by subsection (a).. (3) Transfer of section 2306c Such section is further amended— (A) in the matter to be inserted by subsection (m)— (i) in the table of sections, by striking the items relating to sections 3531 through 3535 and inserting the following: 3531. Multiyear contracts: acquisition of services. ; and (ii) by striking the section headings for sections 3531 through 3535 and inserting the following: 3531. Multiyear contracts: acquisition of services ; (B) by redesignating such subsection (m) as subsection (c); (C) by striking subsections (n) through (s); (D) by adding after subsection (c) (as so redesignated) the following new subsection: (d) Transfer of section 2306c Section 2306c of title 10, United States Code, is transferred to section 3531 of such title, as added by subsection (c).. (4) Conforming redesignation Such section is further amended by redesignating subsection (t) as subsection (e). (l) Renaming of chapter 287 (1) Renaming of chapter Section 1838 of the FY2021 NDAA is amended— (A) in the section heading, by striking the penultimate word in the heading and inserting Other contracting ; and (B) by striking the penultimate word in the chapter heading in the matter inserted by subsection (a) and inserting Other Contracting. (2) Tables of chapters The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the item relating to chapter 287 and inserting the following new item: 287. Other Contracting Programs 3961. (m) Revised transfer of sections within chapter 388 (1) Transfer Section 1872(a) of title XVIII of the FY2021 NDAA, as amended by this section, is further amended— (A) by amending paragraph (2) to read as follows: (2) Transfer The text of section 2411 of title 10, United States Code, is transferred to section 4951 of such title, as added by paragraph (1). ; (B) by amending paragraph (3) to read as follows: (3) Transfer of section 2412 The text of section 2412 of title 10, United States Code, is transferred to section 4952 of such title, as added by paragraph (1). ; and (C) by amending paragraph (4) to read as follows: (4) Transfer of section 2420 The text of section 2420 of title 10, United States Code, is transferred to section 4953 of such title, as added by paragraph (1).. (2) Conforming amendments Such section 1872(a) is further amended— (A) in paragraph (5)— (i) by striking inserted after section 4951, redesignated as section 4952 and inserting inserted after section 4953, redesignated as section 4954 ; (ii) in the matter to be inserted by subparagraph (B)(ii), by striking section 4957(b) and inserting section 4959(b) ; (B) in paragraph (6)— (i) by striking section 4952 and inserting section 4954 ; (ii) by striking section 4953 and inserting section 4955 ; (iii) in the matter to be inserted by subparagraph (B), by striking section 4951(b)(1)(D) and inserting section 4951(1)(D) ; and (iv) in the matter to be inserted by subparagraph (C), by striking section 4957(b) and inserting section 4959(b) ; (C) in paragraph (7)— (i) by striking section 4953 and inserting section 4955 ; (ii) by striking section 4954 and inserting section 4956 ; (D) in paragraph (8)— (i) by striking section 4954 and inserting section 4956 ; (ii) by striking section 4955 and inserting section 4957 ; (E) in paragraph (9)— (i) by striking section 4955 and inserting section 4957 ; (ii) by striking section 4956 and inserting section 4958 ; (F) in paragraph (10)— (i) by striking section 4956 and inserting section 4958 ; (ii) by striking section 4957 and inserting section 4959 ; (G) in paragraph (11)— (i) by striking inserted after section 4957, as added by paragraph (10), and inserting added at the end of such chapter ; and (ii) by striking section 4959 and inserting section 4961. (3) Table of sections Section 1872(a)(B) of the FY2021 NDAA is amended by striking the matter to be inserted and inserting the following: 388 Procurement Technical Assistance Cooperative Agreement Program 4951. Definitions. 4952. Purposes. 4953. Regulations. 4954. Cooperative agreements. 4955. Funding. 4956. Distribution. 4957. Subcontractor information. 4958. Authority to provide certain types of technical assistance. 4959. Advancing small business growth. 4960. [Reserved]. 4961. Administrative and other costs. 4951. Definitions 4952. Purposes 4953. Regulations . (n) Revised section relating to Navy contract financing Title XVIII of the FY2021 NDAA is amended as follows: (1) Revised placement The matter to be inserted by section 1834(a) is amended— (A) in the table of sections, by adding at the following new item: 3808. Certain Navy contracts. ; and (B) by adding after the heading for section 3807 the following: 3808. Certain Navy contracts . (2) Transfer of section 2307(g) Section 1834 is further amended by adding at the end the following new subsection: (i) Transfer of subsection (g) of section 2307 (1) Transfer Subsection (g) of section 2307 of title 10, United States Code, is transferred to section 3808 of such title, as added by subsection (a), inserted after the section heading, and amended— (A) by striking the subsection designation and subsection heading; and (B) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c), respectively. (2) Revisions to new 3808(a) Subsection (a) of such section 3808, as so transferred and redesignated, is amended— (A) by inserting Repair, maintenance, or overhaul of naval vessels: rate for progress payments.— before The Secretary of the Navy ; and (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (3) Revisions to new 3808(b) Subsection (b) of such section 3808, as so transferred and redesignated, is amended— (A) by inserting Authority to advance funds for immediate salvage operations.— before The Secretary of the Navy ; and (B) by striking this paragraph in the second sentence and inserting this subsection. (4) Revisions to new 3808(c) Subsection (c) of such section 3808, as so transferred and redesignated, is amended by inserting Security for construction and conversion of naval vessels.— before The Secretary of the Navy. (5) Conforming amendment Section 8702(c) is amended by striking section 2307(g)(2) and inserting section 3808(b). ”. (3) Repeal of prior transfer Section 1876 is repealed. (o) Revised transfer relating to Selected Acquisition Reports (1) Transfer as single section (A) Subsection (a) section 1849 of the FY2021 NDAA is amended in the matter to be inserted by striking all after the chapter heading and inserting the following: Sec. 4351. Selected Acquisition Reports.. (B) Subsection (b) of such section 1849 is amended to read as follows: (b) Transfer of section 2432 Section 2432 of title 10, United States Code, is transferred to chapter 324 of such title, as added by subsection (a), and redesignated as section 4351.. (2) Conforming amendments (A) The section heading for section 1849 of the FY2021 NDAA is amended to read as follows: 1849. Selected Acquisition Reports . (B) Section 1849 of the FY2021 NDAA is amended in the matter to be inserted by striking the text after the chapter designation and inserting Selected Acquisition Reports. (3) Cross-reference amendments in section 4351(c) Subsection (c) of such section 1849 is amended to read as follows: (c) Cross-reference amendments in new section 4351(c) Subsection (c)(1) of such section, as so transferred and redesignated, is amended— (1) by striking section 2431 in subparagraph (A) and inserting section 4205 ; (2) by striking section 2433(a)(2) in subparagraph (B)(i) and inserting section 4371(a)(4) ; (3) by striking section 2435(d)(1) in subparagraph (B)(ii) and inserting section 4214(d)(1) ; (4) by striking section 2435(d)(2) in subparagraph (B)(iii) and inserting section 4214(d)(2) ; (5) by striking section 2432(e)(4) in subparagraph (B)(iv) and inserting section 4355(4) ; and (6) by striking section 2446a in subparagraph (G) and inserting section 4401. ”. (4) Cross-reference amendment in section 4351(h) Subsection (d) of such section 1849 is amended to read as follows: (d) Cross-reference amendment in new section 4351(h) Subsection (h)(2)(A) of such section, as so transferred and redesignated, is amended by striking section 2431 and inserting section 4205. ”. (5) Deletion of superseded amendments Such section 1849 is further amended— (A) by striking subsections (e) through (k); and (B) redesignating subsections (l) and (m) as subsections (e) and (f), respectively. (6) Conforming cross-reference amendments Title XVIII of the FY2021 NDAA is amended— (A) in section 1812— (i) in subsection (b)(2)(D), by striking section 4353(a) in the matter to be inserted and inserting section 4351(c)(1) ; and (ii) in subsection (f)(2)(C), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (B) in section 1846— (i) in subsection (f)(5)(C), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; and (ii) in subsection (g)(1), by striking section 4351 in the matter to be inserted and inserting section 4351(a) ; (C) in section 1847— (i) in subsection (b)(4)(B)(iii), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (ii) in subsection (c)(1)(A)(i), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (iii) in subsection (d)(2)(C)(ii), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; and (iv) in subsection (e)(1)(A), by striking section 4351(2) in the matter to be inserted and inserting section 4351(a)(2) ; (D) in section 1849(f) (as so redesignated), by striking chapter 324 in the matter to be inserted and inserting section 4351 ; and (E) in section 1850— (i) in subsection (b)(3)(A)(ii), by striking section 4351 in the matter to be inserted and inserting section 4351(a) ; (ii) in subsection (c)(2), by striking section 4358 in the matter to be inserted and inserting section 4351(h) ; (iii) in subsection (e)(4)(A), by striking section 4352(c) in the matter to be inserted and inserting section 4351(b)(3) ; (iv) in subsection (h)(2)(C)(ii), by striking and inserting and all that follows through respectively and inserting and inserting section 4351(e) and section 4351(f) , respectively ; (v) in subsection (j)(3)(B)(ii), by striking section 4356(a) in the matter to be inserted and inserting section 4351(f) ; (vi) in subsection (k)(4)(D), by striking section 4352 in the matter to be inserted and inserting section 4351 ; and (vii) in subsection (k)(6)(D)(i)(II), by striking section 4356 in the matter to be inserted and inserting section 4351(f). (p) Transfer of sections 2196 & 2197 to chapter 384 (manufacturing technology) (1) Transfer Section 1869(d) of the FY2021 NDAA is amended— (A) by striking section 2522.— Section 2522 of title 10, United States Code, is and inserting Sections 2196, 2197, and 2522.— (1) Transfer Sections 2196, 2197, and 2522 of title 10, United States Code, are ; (B) by striking as section 4843 and inserting as sections 4843, 4844, and 4845, respectively ; and (C) by adding at the end the following new paragraph: (2) Conforming amendments Section 4844, as transferred and redesignated by paragraph (1), is amended in subsection (a)(6), by striking section 2196 and inserting section 4843.. (2) Tables of sections (A) Chapter 384 Section 1869(a) of the FY2021 NDAA is amended in the matter to be inserted by striking the item relating to section 4843 and inserting the following: 4843. Manufacturing engineering education program. 4844. Manufacturing experts in the classroom. 4845. Armament retooling and manufacturing.. (B) Chapter 111 The table of sections at the beginning of chapter 111 of title 10, United States Code, is amended by striking the items relating to sections 2196 and 2197. (q) Revised transfer of section 2358b Title XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of transfer to chapter 303 Section 1842(b) is amended— (A) by striking 2358b, ; and (B) by striking 4064,. (2) Transfer to chapter 87 Subtitle J of title XVIII of the FY2021 NDAA is amended by inserting after section 1878 the following new section: 1878A. Transfer of title 10 section relating to joint reserve detachment of Defense Innovation Unit (a) Transfer Section 2358b of title 10, United States Code, is transferred to subchapter V of chapter 87 of such title, inserted after section 1765, and redesignated as section 1766. (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 1766. Joint reserve detachment of the Defense Innovation Unit.. (r) Revised section relating to acquisition-related functions of chiefs of the armed forces Title XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of separate section for acquisitions functions of service chiefs Section 1847 is amended— (A) in the matter to be inserted by subsection (a), by striking the item relating to section 4274 in the table of sections for subchapter IV and inserting: 4274. Reserved. ; and (B) in subsection (e), by striking paragraphs (4), (5), and (6)(B). (2) Cross-reference amendment Section 1808(d) is amended by adding at the end the following new paragraph: (3) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and 9033(d)(5) of such title are amended by striking and 2547 and inserting and 3104. ”. (s) Revised transfer of section relating to national technology and industrial base Title XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of previous transfer of section 2440 Section 1847(b)(2) is amended— (A) by striking Transfer of and all that follow through (B) ; and (B) by striking paragraph (3) in the matter to be inserted and inserting section 4820 of this title. (2) Revised transfer (A) Section 2440 of title 10, United States Code, as amended by section 846(b) of the FY2021 NDAA, is transferred to chapter 382 of such title, inserted after section 4819, and redesignated as section 4820. (B) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4820. National technology and industrial base plans, policy, and guidance.. (C) Such section 4820, as so transferred and redesignated, is amended— (i) in subsection (a), by striking section 2501 and inserting section 4811 ; and (ii) in subsection (b), by striking chapter 148 and inserting subchapters 381 through 385 and subchapter 389. (t) Revision of subchapter III of chapter 385 Section 1870(d) of the FY2021 NDAA is amended— (1) in the matter inserted by paragraph (1)— (A) by striking the items relating to sections 4871 and 4872 and inserting the following new items: 4871. Contracts: consideration of national security objectives. 4872. Acquisition of sensitive materials from non-allied foreign nations: prohibition. ; and (B) by adding after the item relating to section 4873, as added by this section, the following new item: 4874. Award of certain contracts to entities controlled by a foreign government: prohibition. ; (2) in paragraph (2)— (A) in the paragraph heading, by striking sections 2533c and 2536 and inserting sections 2327, 2533c, and 2536 ; (B) by striking sections 2533c and 2536 of title 10 and inserting sections 2327, 2533c, and 2536 of title 10 ; and (C) by striking sections 4871 and 4872 and inserting sections 4871, 4872, and 4874 ; (3) in paragraph (3)— (A) in subparagraph (A), by striking Section 4871 and inserting Section 4872 ; and (B) in the matter inserted by subparagraph (B), by striking 4871 and inserting 4872 ; and (4) in the matter inserted by paragraph (4), by striking section 4872(c)(1) and inserting section 4874(c)(1). (u) Restructuring of chapters of subpart E (research & engineering) Section 1841 of the FY2021 NDAA is amended as follows: (1) Revised subpart E The matter to be inserted by subsection (a)(2) is amended to read as follows: E Research and Engineering 301. Research and Engineering Generally 4001 303. Research and Engineering Activities 4061 305. Universities 4131 307. Test and Evaluation 4171. (2) Revised chapter 301 Section 1841 of the FY2021 NDAA is further amended as follows: (A) Revised table of sections The matter to be inserted by subsection (a)(1)(B) is amended— (i) by inserting after the item relating to chapter 301 the following: I General ; (ii) by striking the items relating to sections 4002, 4003, and 4004 and inserting the following: 4002. Reserved. 4003. Reserved. 4004. Contract authority for development and demonstration of initial or additional prototype units. ; (iii) by striking the items relating to sections 4008 and 4009 and inserting the following: 4008. Reserved. 4009. Reserved. ; and (iv) by striking the item relating to section 4015 and inserting the following: II Agreements 4021. Research projects: transactions other than contracts and grants. 4022. Authority of the Department of Defense to carry out certain prototype projects. 4023. Procurement for experimental purposes. 4024. Merit-based award of grants for research and development. 4025. Prizes for advanced technology achievements. 4026. Cooperative research and development agreements under Stevenson-Wydler Technology.. (B) Revised transfer of title 10 sections Subsection (b)(1) is amended— (i) by inserting 2302e, 2359, after 2358, ; (ii) by striking and 2373 and inserting , 2373, 2374, 2374a, and 2371a ; (iii) by striking 4002, 4003, and ; and (iv) by inserting , 4007, 4021, 4022, 4023, 4024, 4025, and 4026 before , respectively. (C) Technical amendment Subsection (b)(2)(A)(i) is amended by striking by striking and all that follows through the semicolon at the end and inserting by striking section 2371 or 2371b and inserting section 4021 or 4022 ;. (D) Designation of subchapters Subsection (c) is amended to read as follows: (c) Designation of subchapters Chapter 301 of such title, as added by subsection (a), is amended— (1) by inserting before section 4001, as transferred and redesignated by subsection (b)(1), the following: I General ; and (2) by inserting before section 4021, as transferred and redesignated by subsection (b)(1), the following: II Agreements .. (E) Revised transfer of section 2364(a) Subsection (d)(1) is amended by striking section 4009 and inserting section 4007. (F) Revised cross-reference amendments (i) Subsection (b)(2) is amended— (I) in subparagraph (A)(ii), by striking sections 4004 in the matter to be inserted and inserting section 4023 ; (II) in subparagraph (A)(iii), by striking sections 4002 and 4143 in the matter to be inserted and inserting sections 4021 and 4026 ; (III) in subparagraph (B), by striking Section 4002 and inserting Section 4021 ; (IV) in subparagraph (C)— (aa) by striking Section 4003 and inserting Section 4022 ; and (bb) by striking section 4002 in the matter to be inserted and inserting section 4021 ; and (V) by adding at the end the following new subparagraph: (D) Section 4004 of such title, as so transferred and redesignated, is amended by striking section 2302(2)(B) in subsection (a) and inserting section 3012(2).. (ii) Subsection (e)(2) is amended by striking section 4003 in the matter to be inserted and inserting section 4022. (3) Revised chapter 303, subchapter I Section 1842 of the FY2021 NDAA is amended as follows: (A) Revised heading and table of sections The matter to be inserted by subsection (a) is amended to read as follows: 303 Research and Engineering Activities Subchapter I—General Sec. 4061. Defense Research and Development Rapid Innovation Program. 4062. Defense Acquisition Challenge Program. 4063. Reserved. 4064. Reserved. 4065. Reserved. 4066. Global Research Watch Program. 4067. Technology protection features activities. Subchapter II—Personnel 4091. Authorities for certain positions at science and technology reinvention laboratories. 4092. Personnel management authority to attract experts in science and engineering. 4093. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program. Subchapter III—Research and Development Centers and Facilities 4121. Reserved. 4122. Reserved. 4123. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. 4124. Centers for Science, Technology, and Engineering Partnership. 4125. Functions of Defense research facilities. 4126. Use of federally funded research and development centers. I General II Personnel III Research and Development Centers and Facilities . (B) Transfer of title 10 sections to subchapter i Subsection (b) is amended— (i) by striking 2361a and all that follows through 2365 and inserting 2365, and 2357 ; (ii) by striking after the table of sections and inserting after the heading for subchapter I ; and (iii) by striking 4063 and all that follows through 4066 and inserting 4066, and 4067. (C) Revised cross-reference amendment Subsection (c)(1) is amended by striking section 4065 in the matter to be inserted and inserting section 4025. (4) Revised chapter 303, subchapters ii & iii (A) In general Section 1843 of the FY2021 NDAA is amended by striking the section heading and subsections (a) and (b) and inserting the following: 1843. Personnel; research and development centers and facilities (a) Transfer of title 10 sections to subchapter ii Sections 2358a, 1599h, and 2192a of title 10, United States Code, are transferred to subchapter II of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4091, 4092, and 4093, respectively. (b) Transfer of title 10 sections to subchapter iii (1) In general Sections 2363, 2368, and 2367 of title 10, United States Code, are transferred to subchapter III of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4123, 4124, and 4126, respectively. (2) Transfer of section 2364(b) and (c) (A) Heading Such subchapter III is further amended by inserting after section 4124, as transferred and redesignated by paragraph (1), the following: 4125. Functions of Defense research facilities . (B) Text Subsections (b) and (c) of section 2364 of such title are transferred to such subchapter, inserted after the section heading for section 4125, as added by subparagraph (A), and redesignated as subsections (a) and (b), respectively.. (B) Revised cross-reference amendment Subsection (c) of such section 1843 is amended by striking section 4103(a) in the matter to be inserted and inserting section 4123(a). (C) Conforming amendments to transferred section Such section 1843 is further amended by adding at the end the following new subsection: (d) Conforming amendments to transferred section Section 4124 of such title, as transferred and redesignated by subsection (b)(1), is amended in subsection (b)(3)(B)(ii), by striking 2358, 2371, 2511, 2539b, and 2563 and inserting 2563, 4001, 4021, 4831, and 4062.. (5) Revised chapter 305 (A) New chapter 305 Subsection (a) of section 1844 of the FY2021 NDAA is amended— (i) by striking chapter 305, as added by the preceding section and inserting chapter 303, as added by section 1842 ; and (ii) by striking the matter inserted by that subsection and inserting: 305 Universities Sec. 4141. Award of grants and contracts to colleges and universities: requirement of competition. 4142. Extramural acquisition innovation and research activities. 4143. Research and development laboratories: contracts for services of university students. 4144. Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education.. (B) Transfer of title 10 sections to new chapter 305 Such section is further amended by striking subsections (b), (c), (d), and (e) and inserting the following: (b) Transfer of title 10 sections Sections 2361, 2361a, 2360, and 2362 of title 10, United States Code, are transferred to chapter 305 of such title, as added by subsection (a), inserted (in that order) after the table of sections, and redesignated as section 4141, 4142, 4143, and 4144, respectively.. (6) Revised chapter 307 (A) Redesignation of chapter 309 as chapter 307 Subsection (a) of section 1845 of the FY2021 NDAA is amended— (i) by striking chapter 307, as added by the preceding section and inserting chapter 305, as added by section 1844 ; and (ii) by redesignating the chapter added by that section as chapter 307. (B) Transfer of additional sections to redesignated chapter 307 Subsection (b) of such section is amended— (i) by striking and 196 and inserting 196, 2353, and 2681 ; and (ii) by striking section 4171, 4172, and 4173 and inserting sections 4171, 4172, 4173, 4174, and 4175. (C) Table of sections The table of sections inserted by subsection (a) of such section is amended by adding at the end the following new items: 4174. Contracts: acquisition, construction, or furnishing of test facilities and equipment. 4175. Use of test and evaluation installations by commercial entities.. (v) Conforming amendments to delete conflicting transfers of certain sections (1) Deletion of transfer of section 2302e to chapter 243 Section 1818 of the FY2021 NDAA is amended— (A) by striking subsection (c); and (B) by striking the last item in the table of sections inserted by subsection (a). (2) Deletion of transfer of section 2362 to chapter 287 Section 1838 of the FY2021 NDAA is amended— (A) in subsection (b), by striking 2362, and 3904, ; and (B) by striking the item relating to section 3904 in the table of sections inserted by subsection (a) and inserting the following new item: 3904. Reserved.. (w) Amendments to tables of sections not in part v Title 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 81 is amended by striking the item relating to section 1599h. (2) The table of sections at the beginning of chapter 111 is amended by striking the item relating to section 2192a. (3) The table of sections at the beginning of chapter 159 is amended by striking the item relating to section 2681. 3003. Reserved 3005. Reserved 3171. Reserved 3172. Reserved 3324. Reserved 3721. Reserved 3722. Reserved 3723. Reserved 3724. Reserved 3843. Reserved 3844. Reserved 3846. Reserved 1837. Reservation of chapter 283 Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended by striking chapter 283 and inserting the following: 283 Reserved . 3501. Multiyear contracts: acquisition of property 3531. Multiyear contracts: acquisition of services 4951. Definitions 4952. Purposes 4953. Regulations 3808. Certain Navy contracts 1849. Selected Acquisition Reports 1878A. Transfer of title 10 section relating to joint reserve detachment of Defense Innovation Unit (a) Transfer Section 2358b of title 10, United States Code, is transferred to subchapter V of chapter 87 of such title, inserted after section 1765, and redesignated as section 1766. (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 1766. Joint reserve detachment of the Defense Innovation Unit. 1843. Personnel; research and development centers and facilities (a) Transfer of title 10 sections to subchapter ii Sections 2358a, 1599h, and 2192a of title 10, United States Code, are transferred to subchapter II of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4091, 4092, and 4093, respectively. (b) Transfer of title 10 sections to subchapter iii (1) In general Sections 2363, 2368, and 2367 of title 10, United States Code, are transferred to subchapter III of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4123, 4124, and 4126, respectively. (2) Transfer of section 2364(b) and (c) (A) Heading Such subchapter III is further amended by inserting after section 4124, as transferred and redesignated by paragraph (1), the following: 4125. Functions of Defense research facilities . (B) Text Subsections (b) and (c) of section 2364 of such title are transferred to such subchapter, inserted after the section heading for section 4125, as added by subparagraph (A), and redesignated as subsections (a) and (b), respectively. 4125. Functions of Defense research facilities 1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes (a) Amendments to title 10, united states code Title 10, United States Code, is amended as follows: (1) Section 171a(i)(3) is amended by striking 2366a(d) and inserting 4251(d). (2) Section 181(b)(6) is amended by striking sections 2366a(b), 2366b(a)(4), and inserting sections 4251(b), 4252(a)(4),. (3) Section 1734(c)(2) is amended by striking section 2435(a) and inserting section 4214(a). (b) Amendments to laws classified as notes in title 10, united states code (1) Section 801(1) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2302 note) is amended by striking section 2545 and inserting section 3001. (2) Section 323(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 2463 note) is amended by striking section 235, 2330a, or 2463 and inserting section 2463, 3137, or 4505. (3) Section 8065 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 10 U.S.C. 2540 note), is amended— (A) by striking subchapter VI of chapter 148 both places it appears and inserting subchapter I of chapter 389 ; and (B) by striking section 2540c(d) and inserting section 4974(d). (c) Amendments to laws classified in title 6, united states code (homeland security) (1) Section 831(a)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 391(a) ) is amended by striking section 2371 and inserting section 4021. (2) Section 853(b) of such Act ( 6 U.S.C. 423(b) ) is amended by striking paragraphs (1), (2), and (3) and inserting the following: (1) Section 134 of title 41, United States Code. (2) Section 153 of title 41, United States Code. (3) Section 3015 of title 10, United States Code.. (3) Section 855 of such Act ( 6 U.S.C. 425 ) is amended— (A) in subsection (a)(2), by striking subparagraphs (A), (B), and (C) and inserting the following: (A) Sections 1901 and 1906 of title 41, United States Code. (B) Section 3205 of title 10, United States Code. (C) Section 3305 of title 41, United States Code. ; and (B) in subsection (b)(1), by striking provided in and all that follows through shall not and inserting provided in section 1901(a)(2) of title 41, United States Code, section 3205(a)(2) of title 10, United States Code, and section 3305(a)(2) of title 41, United States Code, shall not. (4) Section 856(a) of such Act ( 6 U.S.C. 426(a) ) is amended by striking paragraphs (1), (2), and (3) and inserting the following: (1) Federal Property and Administrative Services Act of 1949 In division C of subtitle I of title 41, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). (B) Section 4106 of such title, relating to orders under task and delivery order contracts. (2) Title 10, United States Code In part V of subtitle A of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). (B) Section 3406, relating to orders under task and delivery order contracts. (3) Office of Federal Procurement Policy Act Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.. (5) Section 604(f) of the American Recovery and Reinvestment Act of 2009 ( 6 U.S.C. 453b(f) ) is amended by striking section 2304(g) and inserting section 3205. (d) Amendments to title 14, united states code (coast guard) Title 14, United States Code, is amended as follows: (1) Section 308(c)(10)(B)(ii) is amended by striking section 2547(c)(1) and inserting section 3104(c)(1). (2) Section 1137(b)(4) is amended by striking section 2306b and inserting section 3501. (3) Section 1906(b)(2) is amended by striking chapter 137 and inserting sections 3201 through 3205. (e) Amendments to laws classified in title 15, united states code (commerce) (1) Section 14(a) of the Metric Conversion Act of 1975 ( 15 U.S.C. 205l(a) ) is amended— (A) in the first sentence, by striking set forth in chapter 137 and all that follows through et seq.), and inserting set forth in the provisions of title 10, United States Code, referred to in section 3016 of such title as chapter 137 legacy provisions , section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code, ; (B) in the second sentence, by striking under section 2377(c) and all that follows through the period and inserting under section 3453(c) of title 10, United States Code, and section 3307(d) of title 41, United States Code. ; and (C) in the third sentence, by striking section 2377 and all that follows through shall take and inserting section 3453 of title 10, United Sates Code, or section 3307(b) to (d) of title 41, United States Code, then the provisions of such sections 3453 or 3307(b) to (d) shall take. (2) Section 8 of the Small Business Act ( 15 U.S.C. 637 ) is amended— (A) in subsection (g)(2), by striking section 2304(c) and inserting section 3204(a) ; and (B) in subsection (h)— (i) in paragraph (1)(B), by striking chapter 137 and inserting sections 3201 through 3205 ; and (ii) in paragraph (2), by striking section 2304(f)(2) and section 2304(f)(1) , and inserting paragraphs (3) and (4) of section 3204(e) and section 3204(e)(1) , respectively. (3) Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended in subsection (r)(4)(A) by striking section 2304 and inserting sections 3201 through 3205. (4) Section 884(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 15 U.S.C. 638 note) is amended by striking section 2500 and inserting section 4801. (5) Section 15 of the Small Business Act ( 15 U.S.C. 644 ) is amended— (A) in subsection (k)— (i) in paragraph (17)(B), by striking section 2318 and inserting section 3249 ; (ii) in paragraph (17)(C), by striking chapter 142 and inserting chapter 388 ; and (iii) in paragraph (18), by striking section 2784 and inserting section 4754 ; (B) in subsection (r)(2), by striking section 2304c(b) and inserting section 3406(c) ; and (C) in subsections (u) and (v), by striking chapter 142 and inserting chapter 388. (6) Section 16 of the Small Business Act ( 15 U.S.C. 645 ) is amended in subsection (d)(3) by striking chapter 142 and inserting chapter 388. (7) Section 272 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 ( Public Law 100–180 ; 15 U.S.C. 4602 ) is amended in subsection (c) by striking section 2306a and inserting chapter 271. (f) Amendments to titles 32, united states code (national guard) and 37, united states code (pay and allowances) (1) Section 113 of title 32, United States Code, is amended in subsection (b)(1)(B) by striking section 2304(c) and inserting section 3204(a). (2) Section 418 of title 37, United States Code, is amended in subsection (d)(2)(A)— (A) by striking section 2533a and inserting section 4862 ; and (B) by striking chapter 137 of title 10 and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10). (g) Amendments to title 40, united states code (public buildings) Title 40, United States Code, is amended as follows: (1) Section 113(e) is amended— (A) in paragraph (3)— (i) by striking chapter 137 and inserting section 3063 ; and (ii) by striking that chapter; and inserting the provisions of that title referred to in section 3016 of such title as chapter 137 legacy provisions ; ; and (B) in paragraph (5), by striking section 2535 and inserting section 4881. (2) Section 581(f)(1)(A) is amended by striking section 2535 and inserting section 4881. (h) Amendments to title 41, united states code (public contracts) Title 41, United States Code, is amended as follows: (1) Section 1127(b) is amended by striking section 2324(e)(1)(P) and inserting section 3744(a)(16). (2) Section 1303(a)(1) is amended by striking chapters 4 and 137 of title 10 and inserting chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10). (3) Section 1502(b)(1)(B) is amended by striking section 2306a(a)(1)(A)(i) and inserting section 3702(a)(1)(A). (4) Section 1708(b)(2)(A) is amended by striking section 2304(c) and inserting section 3204(a). (5) Section 1712(b)(2)(B) is amended by striking section 2304(c) and inserting section 3204(a). (6) Section 1901(e)(2) is amended by striking section 2304(f) and inserting section 3204(e). (7) Section 1903 is amended— (A) in subsection (b)(3), by striking section 2304(g)(1)(B) and inserting section 3205(a)(2) ; and (B) in subsection (c)(2)(B), by striking section 2306a and inserting chapter 271. (8) Section 1907(a)(3)(B)(ii) is amended by striking section 2305(e) and (f) and inserting section 3308. (9) Section 1909(e) is amended by striking section 2784 and inserting section 4754. (10) Section 2101(2)(A) is amended by striking section 2306a(h) and inserting section 3701. (11) Section 2311 is amended by striking section 2371 and inserting section 4021. (12) Section 3302 is amended— (A) in subsection (a)(3)— (i) in subparagraph (A), by striking section 2302(2)(C) and inserting section 3012(3) ; and (ii) in subparagraph (B), by striking sections 2304a to 2304d of title 10, and inserting chapter 245 of title 10 ; (B) in subsection (c)(1)(A)(i), by striking section 2304c(b) and inserting section 3406(c) ; and (C) in subsection (d)(1)(B), by striking section 2304(f)(1) and inserting section 3204(e)(1). (13) Section 3307(e)(1) is amended by striking chapter 140 and inserting chapter 247. (14) Section 4104 is amended— (A) in subsection (a), by striking sections 2304a to 2304d and inserting chapter 245 ; and (B) in subsection (b)— (i) in paragraph (1), by striking sections 2304a to 2304d and inserting chapter 245 ; (ii) in paragraph (2)(B), by striking section 2304c(b) and inserting section 3406(c) ; and (iii) in paragraph (2)(C), by striking section 2304c(c) and inserting section 3406(e). (i) Amendments to laws classified as notes in title 41, united states code (1) Section 555 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 41 U.S.C. preceding 3101 note) is amended by striking section 2305 in subsections (a)(4) and (c)(1) and inserting sections 3206 through 3208 and sections 3301 through 3309. (2) Section 846(f)(5) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 41 U.S.C. 1901 note) is amended by striking section 2304 and inserting sections 3201 through 3205. (3) Section 811 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 41 U.S.C. 3304 note) is amended— (A) in subsection (a)(3), by striking sections 2304(f)(1)(C) and 2304(l) and inserting sections 3204(e)(1)(C) and 3204(f) ; and (B) in subsection (c)— (i) in paragraph (1)(A), by striking section 2304(f)(2)(D)(ii) and inserting section 3204(e)(4)(D)(ii) ; (ii) in paragraph (2)(A), by striking section 2302(1) and inserting section 3004 ; and (iii) in paragraph (3)(A), by striking section 2304(f)(1)(B) and inserting section 3204(e)(1)(B). (j) Amendments to laws classified in title 42, united states code (1) The Public Health Service Act ( Public Law 78–410 ) is amended— (A) in section 301(a)(7) ( 42 U.S.C. 241(a)(7) ), by striking sections 2353 and 2354 and inserting sections 3861 and 4141 ; and (B) in section 405(b)(1) ( 42 U.S.C. 284(b)(1) ), by striking section 2354 and inserting section 3861. (2) Section 403(a) of the Housing Amendments of 1955 ( 42 U.S.C. 1594(a) ) is amended by striking section 3 of the Armed Services Procurement Act of 1947 and inserting chapters 221 and 241 of title 10, United States Code. (3) Title II of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1986 ( Public Law 99–160 ), is amended by striking section 2354 in the last proviso in the paragraph under the heading National Science Foundation—Research and Related Activities ( 42 U.S.C. 1887 ) and inserting section 3861. (4) Section 306(b)(2) of the Disaster Mitigation Act of 2000 ( 42 U.S.C. 5206(b)(2) ) is amended by striking section 2393(c) and inserting section 4654(c). (5) Section 801(c)(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 ) is amended by striking section 2304c(d) and all that follows and inserting section 3406(d) of title 10, United States Code, and section 4106(d) of title 41, United States Code.. (6) Section 3021(a) of the Energy Policy Act of 1992 ( 42 U.S.C. 13556 ) is amended by striking chapter 137 of title 10 and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code). (k) Amendments to laws classified in title 50, united states code (1) Section 141(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 50 U.S.C. 1521a(a) ) is amended by striking section 2430 and inserting section 4201. (2) Section 502(a) of the National Emergencies Act ( 50 U.S.C. 1651(a) ) is amended by striking paragraphs (1) through (5) and inserting the following: (1) Chapters 1 to 11 of title 40, United States Code, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code. (2) Section 3727(a)–(e)(1) of title 31, United States Code. (3) Section 6305 of title 41, United States Code. (4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq. ). (5) Section 3201(a) of title 10, United States Code.. (3) The Atomic Energy Defense Act is amended as follows: (A) Sections 4217 and 4311 ( 50 U.S.C. 2537 , 2577) are each amended in subsection (a)(2) by striking section 2432 and inserting section 4351. (B) Section 4813 ( 50 U.S.C. 2794 ) is amended by striking section 2500 in subsection (c)(1)(C) and inserting section 4801. (4) Section 107 of the Defense Production Act ( 50 U.S.C. 4517 ) is amended in subsection (b)(2)(B) by striking clauses (i) and (ii) and inserting the following: (i) section 3203(a)(1)(B) or 3204(a)(3) of title 10, United States Code; (ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41, United States Code; or. (l) Other amendments (1) Section 1473H of the National Agriculture Advanced Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319k ) is amended by striking section 2371 in subsections (b)(6)(A) and (d)(1)(B) and inserting section 4021. (2) Section 1301 of title 17, United States Code, is amended in subsection (a)(3) by striking section 2320 and inserting subchapter I of chapter 275. (3) Section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ) is amended by striking chapter 137 in subsection (l)(4) and subsection (m)(4) and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code). (4) Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 ( Public Law 101–533 ; 22 U.S.C. 3142 ) is amended in subsection (c)(2) by striking section 2505 and inserting section 4816. (5) Section 3553 of title 31, United States Code, is amended in subsection (d)(4)(B) by striking section 2305(b)(5)(B)(vii) and inserting section 3304(c)(1)(G). (6) Section 226 of the Water Resources Development Act of 1992 ( 33 U.S.C. 569f ) is amended by striking section 2393(c) and inserting section 4654(c). (7) Section 40728B(e) of title 36, United States Code, is amended— (A) striking subsection (k) of section 2304 and inserting section 3201(e) ; and (B) by striking subsection (c) of such section and inserting section 3204(a). (8) Section 1427(b) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 40 U.S.C. 1103 note) is amended by striking sections 2304a and 2304b and inserting sections 3403 and 3405. (9) Section 895(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 40 U.S.C. 11103 note) is amended by striking section 2366a(d)(7) and inserting section 4251(d)(5). (10) Sections 50113(c), 50115(b), and 50132(a) of title 51, United States Code, are amended by striking including chapters 137 and 140 and inserting including applicable provisions of chapters 201 through 285, 341 through 343, and 363. (11) Section 823(c)(3)(C) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 ( Public Law 115–10 ; 51 U.S.C. preceding 30301 note) is amended by striking section 2319 and inserting section 3243. 2001. Short title This division and title XLVI of division D may be cited as the Military Construction Authorization Act for Fiscal Year 2022. 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2024; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2024; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries (a) Effective date Titles XXI through XXVII shall take effect on the later of— (1) October 1, 2021; or (2) the date of the enactment of this Act. (b) Elimination of need for certain separate conforming amendments (1) Automatic execution of conforming changes When an amendment made by a provision of this division to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment. (2) Exceptions Paragraph (1) shall not apply to an amendment described in such paragraph when— (A) the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or (B) the amendment otherwise expressly exempts itself from the operation of this section. (3) Covered defense law In this subsection, the term covered defense law means— (A) titles 10, 32, and 37 of the United States Code; (B) any national defense authorization Act or military construction authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and (C) any other law designated in the text thereof as a covered defense law for purposes of application of this section. 2101. Authorized Army construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation or Location Amount Alabama Anniston Army Depot $25,000,000 Fort Rucker $66,000,000 Redstone Arsenal $55,000,000 California Fort Irwin $52,000,000 Georgia Fort Stewart $105,000,000 Hawaii West Loch Naval Magazine Annex $51,000,000 Wheeler Army Airfield $140,000,000 Kansas Fort Leavenworth $34,000,000 Kentucky Fort Knox $27,000,000 Louisiana Fort Polk $111,000,000 Maryland Fort Detrick $23,981,000 Fort Meade $81,000,000 New Mexico White Sands Missile Range $29,000,000 New York Fort Hamilton $26,000,000 Watervliet Arsenal $20,000,000 Pennsylvania Letterkenny Army Depot $21,000,000 Texas Fort Hood $130,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States State Installation Amount Belgium Shape Headquarters $16,000,000 Germany East Camp Grafenwoehr $103,000,000 Smith Barracks $33,500,000 Classified Location Classified Location $31,000,000 2102. Family housing (a) Construction and acquisition Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in the number of units or for the purpose, and in the amount set forth in the following table: Army: Family Housing Country Installation or Location Units or Purpose Amount Italy Vicenza Family Housing New Construction $92,304,000 (b) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $22,545,000. 2103. Authorization of appropriations, Army (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2104. Extension of authority to carry out certain fiscal year 2017 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (130 Stat. 2689), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2017 Project Authorization Country Installation Project Original Authorized Amount Germany Wiesbaden Army Airfield Hazardous Material Storage Building $2,700,000 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas (a) Project authorization The Secretary of the Army may carry out a military construction project to construct a defense access road at Fort Bliss, Texas, in the amount of $20,000,000. (b) Use of amounts The Secretary of the Army may use funds appropriated under section 131 of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (title I of division J of Public Law 115–141 ; 132 Stat. 805) for the Defense Access Road Program to carry out subsection (a). 2106. Modification of authority to carry out certain fiscal year 2021 project (a) Modification of project authority In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) for Fort Wainwright, Alaska, for construction of Unaccompanied Enlisted Personnel Housing, as specified in the funding table in section 4601 of such Public Law, the Secretary of the Army may construct— (1) an Unaccompanied Enlisted Personnel Housing building of 104,300 square feet to incorporate a modified standard design; and (2) an outdoor recreational shelter, sports fields and courts, barbecue and leisure area, and fitness stations associated with the Unaccompanied Enlisted Personnel Housing. (b) Modification of project amounts (1) Division B table The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) is amended in the item relating to Fort Wainwright, Alaska, by striking $114,000,000 and inserting $146,000,000 to reflect the project modification made by subsection (a). (2) Division D table The funding table in section 4601 of Public Law 116–283 is amended in the item relating to Fort Wainwright Unaccompanied Enlisted Personnel Housing by striking $59,000 in the Conference Authorized column and inserting $91,000 to reflect the project modification made by subsection (a). 2107. Additional authorized funding source for certain fiscal year 2022 project To carry out an unspecified minor military construction project in the amount of $3,600,000 at Aberdeen Proving Ground, Maryland, to construct a 6,000 square foot recycling center to meet the requirements of a qualified recycling program at the installation, the Secretary of the Army may use funds available to the Secretary under section 2667(e)(1)(C) of title 10, United States Code, in addition to funds appropriated for unspecified minor military construction for the project. 2201. Authorized Navy construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation or Location Amount Arizona Marine Corps Air Station Yuma $29,300,000 California Marine Corps Air Station Miramar $240,900,000 Marine Corps Base Camp Pendleton $106,100,000 Marine Corps Reserve Depot San Diego $93,700,000 Naval Base Coronado $63,600,000 Naval Base Ventura County $197,500,000 San Nicolas Island $19,907,000 Florida Marine Corps Support Facility Blount Island $69,400,000 Naval Undersea Warfare Center Panama City Division $37,980,000 Guam Andersen Air Force Base $50,890,000 Joint Region Marianas $507,527,000 Hawaii Marine Corps Base Kaneohe $165,700,000 Marine Corps Training Area Bellows $6,220,000 North Carolina Marine Corps Air Station Cherry Point $321,417,000 Pennsylvania Naval Surface Warfare Center Philadelphia Division $77,290,000 South Carolina Marine Corps Reserve Depot Parris Island $6,000,000 Marine Corps Air Station Beaufort $130,300,000 Virginia Marine Corps Base Quantico $42,850,000 Naval Station Norfolk $344,793,000 Naval Weapons Station Yorktown $93,500,000 Portsmouth Naval Shipyard $156,380,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation or Location Amount Japan Fleet Activities Yokosuka $49,900,000 Spain Naval Station Rota $85,600,000 2202. Family housing (a) Construction and acquisition Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units or for the purposes, and in the amounts set forth in the following table: Navy: Family Housing Location Installation Units or Purpose Amount District of Columbia Marine Barracks Washington Family housing improvements $10,415,000 Japan Fleet Activities Yokosuka Family housing improvements $61,469,000 (b) Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $71,884,000. (c) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,634,000. 2203. Authorization of appropriations, Navy (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2301. Authorized Air Force construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation or Location Amount Alaska Eielson Air Force Base $44,850,000 Joint Base Elmendorf-Richardson $251,000,000 Arizona Davis-Monthan Air Force Base $13,400,000 Luke Air Force Base $49,000,000 California Vandenberg Space Force Base $67,000,000 Colorado Schriever Space Force Base $30,000,000 United States Air Force Academy $4,360,000 District of Columbia Joint Base Anacostia-Bolling $24,000,000 Florida Eglin Air Force Base $14,000,000 Guam Joint Region Marianas $85,000,000 Louisiana Barksdale Air Force Base $272,000,000 Maryland Joint Base Andrews $26,000,000 Massachusetts Hanscom Air Force Base $66,000,000 Nevada Creech Air Force Base $14,200,000 Ohio Wright-Patterson Air Force Base $24,000,000 Oklahoma Tinker Air Force Base $160,000,000 South Carolina Joint Base Charleston $59,000,000 South Dakota Ellsworth Air Force Base $242,000,000 Tennessee Arnold Air Force Base $14,600,000 Texas Joint Base San Antonio $141,000,000 Joint Base San Antonio-Fort Sam Houston $29,000,000 Joint Base San Antonio-Lackland $29,000,000 Sheppard Air Force Base $20,000,000 Virginia Joint Base Langley-Eustis $24,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation or Location Amount Australia Royal Australian Air Force Base Darwin $7,400,000 Royal Australian Air Force Base Tindal $14,400,000 Italy Aviano Air Force Base $10,200,000 Japan Kadena Air Base $206,000,000 Misawa Air Base $25,000,000 Yokota Air Base $39,000,000 United Kingdom Royal Air Force Lakenheath $108,500,000 2302. Family housing (a) Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $105,528,000. (b) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $10,458,000. 2303. Authorization of appropriations, Air Force (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2304. Extension of authority to carry out certain fiscal year 2017 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2902 of that Act (130 Stat. 2696, 2743), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2017 Project Authorizations State or Country Installation or Location Project Original Authorized Amount Germany Ramstein Air Base 37 AS Squadron Operations/Aircraft Maintenance Unit $13,437,000 Spangdahlem Air Base F/A-22 Low Observable/Composite Repair Facility $12,000,000 Spangdahlem Air Base Upgrade Hardened Aircraft Shelters for F/A-22 $2,700,000 Guam Joint Region Marianas APR - Munitions Storage Igloos, Phase 2 $35,300,000 Joint Region Marianas APR - SATCOM C4I Facility $14,200,000 Japan Kadena Air Base APR - Replace Munitions Structures $19,815,000 Yokota Air Base C-130J Corrosion Control Hangar $23,777,000 Yokota Air Base Construct Combat Arms Training and Maintenance Facility $8,243,000 Massachusetts Hanscom Air Force Base Vandenberg Gate Complex $10,965,000 United Kingdom Royal Air Force Croughton Main Gate Complex $16,500,000 2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida (a) Fiscal year 2018 project In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1825) for Tyndall Air Force Base, Florida, for construction of a Fire Station, as specified in the funding table in section 4601 of that Public Law (131 Stat. 2002), the Secretary of the Air Force may construct a crash rescue/structural fire station encompassing up to 3,588 square meters. (b) Fiscal year 2020 projects In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 133 Stat. 1913) for Tyndall Air Force Base, Florida— (1) for construction of Site Development, Utilities, and Demo Phase 1, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 3,698 lineal meters of waste water utilities; (B) up to 6,306 lineal meters of storm water utilities; and (C) two emergency power backup generators; (2) for construction of Munitions Storage Facilities, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 4,393 square meters of aircraft support equipment storage yard; (B) up to 1,535 square meters of tactical missile maintenance facility; and (C) up to 560 square meters of missile warhead assembly and maintenance shop and storage; (3) for construction of 53 WEG Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 1,693 square meters of aircraft maintenance shop; (B) up to 1,458 square meters of fuel systems maintenance dock; and (C) up to 3,471 square meters of group headquarters; (4) for construction of 53 WEG Subscale Drone Facility, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 511 square meters of pilotless aircraft shop in a separate facility; (5) for construction of CE/Contracting/USACE Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 557 square meters of base engineer storage shed 6000 area; and (B) up to 183 square meters of non-Air Force administrative office; (6) for construction of Logistics Readiness Squadron Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 802 square meters of supply administrative headquarters; (B) up to 528 square meters of vehicle wash rack; and (C) up to 528 square meters of vehicle service rack; (7) for construction of Fire Station Silver Flag #4, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 651 square meters of fire station; (8) for construction of AFCEC RDT&E, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 501 square meters of CE Mat Test Runway Support Building; (B) up to 1,214 square meters of Robotics Range Control Support Building; and (C) up to 953 square meters of fire garage; (9) for construction of Flightline–Munitions Storage, 7000 Area, as specified in the funding table in section 4603 of Public Law 116–92 ; 133 Stat. 2103), the Secretary of the Air Force may construct— (A) up to 1,861 square meters of above ground magazines; and (B) up to 530 square meters of air support equipment shop/storage facility pad; (10) for construction of Site Development, Utilities and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 5,233 lineal meters of storm water utilities; (B) up to 48,560 square meters of roads; (C) up to 3,612 lineal meters of gas pipeline; and (D) up to 993 square meters of water fire pumping station with an emergency backup generator; (11) for construction of Tyndall AFB Gate Complexes, as specified in such funding table and modified by section 2306(a)(9) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 52,694 square meters of roadway with serpentines; and (B) up to 20 active/passive barriers; (12) for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table and modified by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct up to 144 square meters of AAFES shoppette; (13) for construction of Airfield Drainage, as specified in such funding table and modified by section 2306(a)(12) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 37,357 meters of drainage ditch; (B) up to 18,891 meters of storm drain piping; (C) up to 19,131 meters of box culvert; (D) up to 3,704 meters of concrete block swale; (E) up to 555 storm drain structures; and (F) up to 81,500 square meters of storm drain ponds; and (14) for construction of 325th Fighting Wing HQ Facility, as specified in such funding table and modified by section 2306(a)(13) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct up to 769 square meters of separate administrative space for SAPR/SARC. 2401. Authorized Defense Agencies construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $153,000,000 California Marine Corps Base Camp Pendleton $13,600,000 Silver Strand Training Complex $33,700,000 Colorado Buckley Air Force Base $20,000,000 Georgia Fort Benning $62,000,000 Hawaii Joint Base Pearl Harbor-Hickam $29,800,000 Maryland Fort Meade $1,201,000,000 New Mexico Kirtland Air Force Base $8,600,000 Virginia Fort Belvoir $29,800,000 Humphries Engineer Center and Support Activity $36,000,000 Pentagon $50,543,000 Washington Oak Harbor $59,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation or Location Amount Germany Ramstein Air Base $93,000,000 Japan Kadena Air Base $24,000,000 Misawa Air Base $6,000,000 United Kingdom Royal Air Force Lakenheath $19,283,000 2402. Authorized Energy Resilience and Conservation Investment Program projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Inside the United States State Installation or Location Amount Alabama Fort Rucker $24,000,000 California Marine Corps Air Station Miramar $4,054,000 Naval Air Weapons Station China Lake-Ridgecrest $9,120,000 District of Columbia Joint Base Anacostia-Bolling $31,261,000 Florida MacDill Air Force Base $22,000,000 Georgia Fort Benning $17,593,000 Fort Stewart $22,000,000 Naval Submarine Base Kings Bay $19,314,000 Guam Polaris Point Submarine Base $38,300,000 Idaho Mountain Home Air Force Base $33,800,000 Michigan Camp Grayling $5,700,000 Mississippi Camp Shelby $45,655,000 New York Fort Drum $27,000,000 North Carolina Fort Bragg $27,169,000 North Dakota Cavalier Air Force Station $24,150,000 Ohio Springfield-Beckley Municipal Airport $4,700,000 Puerto Rico Aguadilla $10,120,000 Fort Allen $12,190,000 Tennessee Memphis International Airport $4,780,000 Virginia Fort Belvoir $365,000 National Geospatial-Intelligence Agency Campus East $5,299,000 Pentagon, Mark Center, and Raven Rock Mountain Complex $2,600,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Outside the United States Country Installation or Location Amount Japan Naval Air Facility Atsugi $3,810,000 Kuwait Camp Arifjan $15,000,000 2403. Authorization of appropriations, Defense Agencies (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects (a) Extension of fiscal year 2017 authorization (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in paragraph (2), as provided in section 2401 of that Act (130 Stat. 2700), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (2) Table The table referred to in paragraph (1) is as follows: Defense Agencies: Extension of 2017 Project Authorization Country Installation Project Original Authorized Amount Japan Yokota Air Base Hanger/AMU $39,466,000 (b) Modification of fiscal year 2019 authorization In the case of the authorization contained in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 133 Stat. 2250) for Kinnick High School in Yokosuka, Japan, as specified in the funding table in section 4601 of such Public Law (133 Stat. 2407), the Secretary of Defense may treat the high school and the field house as a single facility for the purposes of defining the scope of work for the project. 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. 2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601. 2511. Republic of Korea funded construction projects (a) Authority to accept projects Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table: Republic of Korea Funded Construction Projects Component Installation or Location Project Amount Army Camp Humphreys Unaccompanied Enlisted Personnel Housing $52,000,000 Army Camp Humphreys Type I Aircraft Parking Apron and Parallel Taxiway $48,000,000 Army Camp Humphreys Black Hat Intelligence Fusion Center $149,000,000 Navy Mujuk Expeditionary Dining Facility $10,200,000 Air Force Gimhae Air Base Repair Contingency Hospital $75,000,000 Air Force Osan Air Base Munitions Storage Area Move Delta (Phase 2) $171,000,000 (b) Authorized approach to certain construction project Section 2350k of title 10, United States Code, shall apply with respect to the construction of the Black Hat Intelligence Fusion Center at Camp Humphreys, Republic of Korea, as set forth in the table in subsection (a). 2512. Republic of Poland funded construction projects Pursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table: Republic of Poland Funded Construction Projects Component Installation or Location Project Amount Army Poznan Command and Control Facility $30,000,000 Army Poznan Information Systems Facility $7,000,000 2601. Authorized Army National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: Army National Guard State Installation or Location Amount Alabama Redstone Arsenal $17,000,000 Connecticut Army National Guard Readiness Center Putnam $17,500,000 Georgia Fort Benning $13,200,000 Guam National Guard Readiness Center Barrigada $34,000,000 Idaho Jerome National Guard Armory $15,000,000 Illinois National Guard Armory Bloomington $15,000,000 Kansas Nickell Memorial Armory Topeka $16,732,000 Louisiana Camp Minden $13,800,000 Lake Charles National Guard Readiness Center $18,500,000 Maine Saco National Guard Readiness Center $21,200,000 Michigan Camp Grayling $16,000,000 Mississippi Camp Shelby $15,500,000 Montana Butte Military Entrance Testing Site $16,000,000 Nebraska Mead Army National Guard Readiness Center $11,000,000 North Dakota Dickinson National Guard Armory $15,500,000 South Dakota Sioux Falls National Guard Armory $15,000,000 Vermont Bennington National Guard Armory $16,900,000 Camp Ethan Allen Training Site $4,665,000 Virginia National Guard Armory Troutville $13,000,000 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Installation or Location Amount Michigan Army Reserve Center Southfield $12,000,000 Ohio Wright-Patterson Air Force Base $19,000,000 Wisconsin Fort McCoy $70,600,000 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation or Location Amount Michigan Naval Operational Support Center Battle Creek $49,090,000 Minnesota Minneapolis Air Reserve Station $14,350,000 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Installation or Location Amount Alabama Montgomery Regional Airport $19,200,000 Sumpter Smith Air National Guard Base $7,500,000 Connecticut Bradley International Airport $17,000,000 Delaware New Castle Air National Guard Base $17,500,000 Idaho Gowen Field $6,500,000 Illinois Abraham Lincoln Capital Airport $10,200,000 Massachusetts Barnes Air National Guard Base $12,200,000 Michigan Alpena County Regional Airport $23,000,000 Selfridge Air National Guard Base $28,000,000 W. K. Kellogg Regional Airport $10,000,000 Mississippi Jackson International Airport $9,300,000 New York Francis S. Gabreski Airport $14,800,000 Schenectady Municipal Airport $10,800,000 Ohio Camp Perry $7,800,000 South Carolina McEntire Joint National Guard Base $18,800,000 South Dakota Joe Foss Field $9,800,000 Texas Kelly Field Annex $9,500,000 Washington Camp Murray Air National Guard Station $27,000,000 Wisconsin Truax Field $44,200,000 Wyoming Cheyenne Municipal Airport $13,400,000 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Installation Amount California Beale Air Force Base $33,000,000 Florida Homestead Air Force Reserve Base $14,000,000 Patrick Air Force Base $18,500,000 Indiana Grissom Air Reserve Base $29,000,000 Minnesota Minneapolis-St. Paul International Airport $14,000,000 New York Niagara Falls Air Reserve Station $10,600,000 Ohio Youngstown Air Reserve Station $8,700,000 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2140)), as specified in the funding table in section 4601. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado (a) Definitions In this section: (1) Covered portion of Pueblo Chemical Depot defined The term covered portion of Pueblo Chemical Depot means the portion of Pueblo Chemical Depot, Colorado, that has not been declared surplus before the date of the enactment of this Act. (2) Local Redevelopment Authority The term Local Redevelopment Authority means the Local Redevelopment Authority for Pueblo Chemical Depot, as recognized by the Office of Local Defense Community Cooperation. (b) Submission of closure and disposal plans (1) Plans required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (A) a plan for the closure of the covered portion of Pueblo Chemical Depot upon the completion of the chemical demilitarization mission of the Chemical Agent-Destruction Pilot Plant at Pueblo Chemical Depot; and (B) a plan for the disposal of all remaining land, buildings, facilities, and equipment of the covered portion of Pueblo Chemical Depot. (2) Local Redevelopment Authority role In preparing the disposal plan for the covered portion of Pueblo Chemical Depot required by paragraph (1)(B), the Secretary of the Army shall take into account the future role of the Local Redevelopment Authority. (c) Local Redevelopment Authority Eligibility for Assistance The Secretary of Defense, acting through the Office of Local Defense Community Cooperation, may make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the Local Redevelopment Authority in planning community adjustments and economic diversification required by the closure of Pueblo Chemical Depot and the Chemical Agent-Destruction Pilot Plant if the Secretary determines that the closure is likely to have a direct and significantly adverse consequence on nearby communities. (d) General closure, realignment, and disposal prohibition (1) Prohibition; certain recipient excepted During the period specified in paragraph (2), the Secretary of the Army shall take no action— (A) to close or realign the covered portion of Pueblo Chemical Depot or the Chemical Agent-Destruction Pilot Plant; or (B) to dispose of any surplus land, building, facility, or equipment that comprises any portion of the Chemical Agent-Destruction Pilot Plant other than to the Local Redevelopment Authority. (2) Duration The prohibition imposed by paragraph (1) shall apply until the date on which the Secretary of the Army makes a final closure and disposal decision for the covered portion of Pueblo Chemical Depot following the submission of the closure and disposal plans for the covered portion of Pueblo Chemical Depot required by subsection (b). (e) Prohibition on Demolition or disposal related to Chemical Agent-Destruction Pilot Plant (1) Prohibition; certain recipient excepted During the period specified in paragraph (4), the Secretary of the Army may not— (A) demolish any building, facility, or equipment described in paragraph (2) that comprises any portion of the Chemical Agent-Destruction Pilot Plant; or (B) dispose of any such building, facility, or equipment declared to be surplus other than to the Local Redevelopment Authority. (2) Covered buildings, facilities, and equipment The prohibition imposed by paragraph (1) shall apply to the following: (A) Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit where chemical munitions were present, but where contamination did not occur, which are considered by the Secretary of the Army as clean, safe, and acceptable for reuse by the public, after a risk assessment by the Secretary. (B) Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit that was not contaminated by chemical munitions and that was without the potential to be contaminated, such as office buildings, parts warehouses, or utility infrastructure, which are considered by the Secretary of the Army as suitable for reuse by the public. (3) Exception to prohibition The prohibition imposed by paragraph (1) shall not apply to any building, facility, or equipment otherwise described in paragraph (2) for which the Local Redevelopment Authority provides to the Secretary of the Army a written determination specifying that the building, facility, or equipment is not needed for community adjustment and economic diversification following the closure of the Chemical Agent-Destruction Pilot Plant. (4) Duration of prohibition The prohibition imposed by paragraph (1) shall apply for a period of not less than two years beginning on the date o the enactment of this Act. 2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects (a) Inclusion of information on required Internet site Section 2851(c)(1) of title 10, United States Code, is amended— (1) by redesignating subparagraph (E) as subparagraph (F); (2) by adding after subparagraph (D) the following new subparagraph (E): (E) Each military department project with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization. ; and (3) in subparagraph (F), as so redesignated, by inserting after construction project the following: , military department Facilities Sustainment, Restoration, and Modernization project,. (b) Application of amendments Subparagraph (E) of section 2851(c)(1) of title 10, United States Code, as added by subsection (a)(2), and subparagraph (F) of such section, as amended by subsection (a)(3), shall apply with respect to a military department Facilities Sustainment, Restoration, and Modernization project described in such subparagraphs for which an award of a contract or delivery order for the project is made on or after June 1, 2022. 2802. Limitations on authorized cost and scope of work variations (a) Process for approving certain exceptions; limitations Subsections (c) and (d) of section 2853 of title 10, United States Code, are amended to read as follows: (c) Exceptions to limitation on cost variations and scope of work reductions (1) (A) Except as provided in subparagraph (D), the Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost increase in the manner provided in this paragraph. (B) The notification required by subparagraph (A) shall— (i) identify the amount of the cost increase and the reasons for the increase; (ii) certify that the cost increase is sufficient to meet the mission requirement identified in the justification data provided to Congress as part of the request for authorization of the project; and (iii) describe the funds proposed to be used to finance the cost increase. (C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (D) The Secretary concerned may not use the authority provided by subparagraph (A)— (i) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000; and (ii) to approve an increase in the cost authorized for the project that would increase the project cost by more than 50 percent of the total authorized cost of the project. (E) In addition to the notification required by this paragraph, subsection (f) applies whenever a military construction project or military family housing project with a total authorized cost greater than $40,000,000 will have a cost increase of 25 percent or more. Subsection (f) may not be construed to authorize a cost increase in excess of the limitation imposed by subparagraph (D). (2) (A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve a decrease in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost decrease not later than 14 days after the date funds are obligated in connection with the project. (B) The notification required by subparagraph (A) shall be provided in an electronic medium pursuant to section 480 of this title. (3) (A) The Secretary concerned may waive the limitation on a reduction in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve a scope of work reduction for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this paragraph. (B) The notification required by subparagraph (A) shall— (i) describe the reduction in the scope of work and the reasons for the decrease; and (ii) certify that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope. (C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (d) Exceptions to limitation on scope of work increases (1) Except as provided in paragraph (4), the Secretary concerned may waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve an increase in the scope of work for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this subsection. (2) The notification required by paragraph (1) shall describe the increase in the scope of work and the reasons for the increase. (3) A waiver and approval by the Secretary concerned under paragraph (1) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such paragraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (4) The Secretary concerned may not use the authority provided by paragraph (1) to waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project and approve an increase in the scope of work for the project that would increase the scope of work by more than 10 percent of the amount specified for the project in the justification data provided to Congress as part of the request for authorization of the project.. (b) Conforming amendment related to calculating limitation on cost variations Section 2853(a) of title 10, United States Code, is amended by striking the amount appropriated for such project and inserting the total authorized cost of the project (c) Clerical amendments Section 2853 of title 10, United States Code, is further amended— (1) in subsection (a), by inserting Cost variations authorized; limitation.— after the enumerator (a) ; (2) in subsection (b), by inserting Scope of work variations authorized; limitation.— after the enumerator (b) ; (3) in subsection (e), by inserting Additional cost variation exceptions.— after the enumerator (e) ; (4) in subsection (f), by inserting Additional reporting requirement for certain cost increases.— after the enumerator (f) ; and (5) in subsection (g), by inserting Relation to other law.— after the enumerator (g). 2803. Department of Defense stormwater management projects for military installations and defense access roads Chapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section: 2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation (a) Projects Authorized The Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of— (1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and (2) protecting nearby waterways and stormwater-stressed ecosystems. (b) Project methods and Funding sources Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a stormwater management project under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under section 2391(d) of this title. (5) A construction project under section 2914 of this title. (6) A reserve component facility project under section 18233 of this title. (7) A defense access road project under section 210 of title 23. (c) Project priorities In selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff and ponding or standing water that includes the combination of stormwater runoff and water levels resulting from extreme weather conditions. (d) Project activities Activities carried out as part of a stormwater management project under this section may include, but are not limited to, the following: (1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures. (2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. (3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. (e) Project coordination In the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. (f) Annual Report (1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing— (A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and (B) all projects completed by the Secretary concerned during the previous fiscal year. (2) Each report shall include the following information with respect to each stormwater management project described in the report: (A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. (B) The rationale for how the project will— (i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (ii) protect waterways and stormwater-stressed ecosystems. (C) Such other information as the Secretary concerned considers appropriate. (g) Definitions In this section: (1) The term defense access road means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23. (2) The terms facility and State have the meanings given those terms in section 18232 of this title. (3) The term military installation includes a facility of a reserve component owned by a State rather than the United States. (4) The term military installation resilience has the meaning given that term in section 101(e)(8) of this title. (5) The term Secretary concerned means— (A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.. 2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation (a) Projects Authorized The Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of— (1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and (2) protecting nearby waterways and stormwater-stressed ecosystems. (b) Project methods and Funding sources Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a stormwater management project under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under section 2391(d) of this title. (5) A construction project under section 2914 of this title. (6) A reserve component facility project under section 18233 of this title. (7) A defense access road project under section 210 of title 23. (c) Project priorities In selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff and ponding or standing water that includes the combination of stormwater runoff and water levels resulting from extreme weather conditions. (d) Project activities Activities carried out as part of a stormwater management project under this section may include, but are not limited to, the following: (1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures. (2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. (3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. (e) Project coordination In the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. (f) Annual Report (1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing— (A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and (B) all projects completed by the Secretary concerned during the previous fiscal year. (2) Each report shall include the following information with respect to each stormwater management project described in the report: (A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. (B) The rationale for how the project will— (i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (ii) protect waterways and stormwater-stressed ecosystems. (C) Such other information as the Secretary concerned considers appropriate. (g) Definitions In this section: (1) The term defense access road means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23. (2) The terms facility and State have the meanings given those terms in section 18232 of this title. (3) The term military installation includes a facility of a reserve component owned by a State rather than the United States. (4) The term military installation resilience has the meaning given that term in section 101(e)(8) of this title. (5) The term Secretary concerned means— (A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States. 2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation Section 2914 of title 10, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection (c): (c) Alternative funding source (1) In addition to the authority under section 2805(c) of this title, in carrying out a military construction project for energy resilience, energy security, or energy conservation under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits to the congressional defense committees a notification of the decision to carry out the project using such amounts and includes in the notification— (A) the current estimate of the cost of the project; (B) the source of funds for the project; and (C) a certification that deferring the project pending the availability of funds appropriated for or otherwise made available for military construction would be inconsistent with the timely assurance of energy resilience, energy security, or energy conservation for one or more critical national security functions. (2) A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the seven-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title. (3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000.. 2805. Flood risk management for military construction (a) Further modification of Department of Defense Form 1391 Section 2805(a)(1) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraph (A), by inserting or a 500-year floodplain if outside a 100-year floodplain after 100-year floodplain ; and (2) in subparagraph (B), by striking 100-year floodplain and inserting floodplain described in subparagraph (A). (b) Reporting requirements Section 2805(a)(3) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraph (A), by inserting before the period at the end the following: using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the facility and future forecasted land use changes ; and (2) in subparagraph (D), by inserting after future the following: flood risk and. (c) Mitigation plan assumptions Section 2805(a)(4) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraphs (A) and (B), by striking buildings and inserting facilities ; and (2) in subparagraph (C), by inserting after future the following: flood risk and. (d) Conforming amendment of unified facilities criteria (1) Amendment required Not later than September 1, 2022, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the minimum flood mitigation requirements of section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note), as amended by this section. (2) Implementation of unified facilities criteria amendments (A) Implementation Any Department of Defense Form 1391 submitted to Congress after September 1, 2022, shall comply with the Unified Facilities Criteria, as amended pursuant to paragraph (1). (B) Certification Not later than March 1, 2023, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion of the amendment process required by paragraph (1) and the full incorporation of the amendments into military construction planning and design. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States (a) Two-year Extension of authority Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723), as most recently amended by section 2806(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) in paragraph (1), by striking December 31, 2021 and inserting December 31, 2023 ; and (2) paragraph (2), by striking fiscal year 2022 and inserting fiscal year 2024. (b) Continuation of limitation on use of authority Subsection (c)(1) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723), as most recently amended by subsections (b) and (c) of section 2806 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) by striking subparagraphs (A) and (B); (2) by redesignating subparagraph (C) as subparagraph (A); and (3) by adding at the end the following new subparagraphs: (B) The period beginning October 1, 2021, and ending on the earlier of December 31, 2022, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2023. (C) The period beginning October 1, 2022, and ending on the earlier of December 31, 2023, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2024.. (c) Establishment of project monetary limitation Subsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723) is amended by adding at the end the following new paragraph: (3) The total amount of operation and maintenance funds used for a single construction project carried out under the authority of this section shall not exceed $15,000,000. The Secretary of Defense may waive this limitation on a project-by-project basis. This waiver authority may not be delegated.. (d) Modification of Notice and wait requirement Subsection (b) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723) is amended— (1) by striking 10-day period and inserting 14-day period ; and (2) by striking or, if earlier, the end of the 7-day period beginning on the date on which and inserting , including when. 2811. Modification of calculation of military housing contractor pay for privatized military housing Section 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2871 note), as amended by section 3036 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 133 Stat. 1938) and section 2811(i) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) in paragraph (1)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii) ; and (2) in paragraph (2)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii). 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled (a) Transfer of window fall prevention section to military family housing administration subchapter Section 2879 of title 10, United States Code— (1) is transferred to appear after section 2856 of such title; and (2) is redesignated as section 2857. (b) Applicability of section to all military family housing Section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a), is amended— (1) in subsection (a)(1), by striking acquired or constructed under this chapter ; (2) in subsection (b)(1), by striking acquired or constructed under this chapter ; and (3) by adding at the end the following new subsection: (e) Applicability to all military family housing This section applies to military family housing under the jurisdiction of the Department of Defense and military family housing acquired or constructed under subchapter IV of this chapter.. (c) Implementation plan In the report required to be submitted in 2022 pursuant to subsection (d) of section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a) and amended by subsection (b), the Secretary of Defense shall include a plan for implementation of the fall protection devices described in subsection (a)(3) of such section as required by such section. (d) Limitation on Use of Funds pending submission of overdue report Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Assistant Secretary of Defense for Energy, Installations, and Environment, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense certifies to the congressional defense committees that— (1) the independent assessment required by section 2817(b) of the Military Construction Authorization Act of 2018 (division B of Public Law 115–91 ; 131 Stat. 1852) has been initiated; and (2) the Secretary expects the report containing the results of the assessment to be submitted to the congressional defense committees by February 1, 2023. 2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent (a) Applicability of Disability Laws Section 2891 of title 10, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): (g) Applicability of Disability Laws For purposes of this subchapter and subchapter IV of this chapter, housing units shall be considered as military family housing for purposes of application of Department of Defense policy implementing section 804 of the Fair Housing Act ( 42 U.S.C. 3604 ) and title III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 et seq. ).. (b) Clarification of prohibition (1) Treatment of reasonable Modification and accommodation requirements Section 2891a(e) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) Costs incurred to reasonably modify or upgrade a housing unit to comply with standards addressing discrimination against an individual with a disability established pursuant to the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), or to meet the reasonable modification and accommodation requirements of section 804 of the Fair Housing Act ( 42 U.S.C. 3604 ) and in order to facilitate occupancy of a housing unit by an individual with a disability, may not be considered optional services under paragraph (2)(A)(i) or another exception to the prohibition in paragraph (1) against collection from tenants of housing units of amounts in addition to rent. (B) In subparagraph (A), the term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ).. (2) Applicability of requirements Subsection (e)(3) of section 2891a of title 10, United States Code, as added by paragraph (1), shall apply to contracts described in subsection (a) of such section entered into on or after the date of the enactment of this Act. 2814. Required investments in improving military unaccompanied housing (a) Investments in military unaccompanied housing Of the total amount authorized to be appropriated by the National Defense Authorization Act for a covered fiscal year for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve an amount equal to five percent of the estimated replacement cost of the total inventory of unaccompanied housing under the jurisdiction of that Secretary for the purpose of carrying out projects for the improvement of military unaccompanied housing. (b) Definitions In this section: (1) The term military unaccompanied housing means military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) The term replacement cost , with respect to military unaccompanied housing, means the amount that would be required to replace the remaining service potential of that military unaccompanied housing. (c) Duration of investment requirement The requirement in subsection (a) shall apply for fiscal years 2022 through 2026. 2815. Improvement of security of lodging and living spaces on military installations (a) Assessment Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment of all on-base dormitories and barracks at military installations for purposes of identifying— (1) locking mechanisms on points of entry into the main facility, including doors and windows, or interior doors leading into private sleeping areas that require replacing or repairing; (2) areas, such as exterior sidewalks, entry points, and other public areas where closed-circuit television security cameras should be installed; and (3) other passive security measures, such as additional lighting, that may be necessary to prevent crime, including sexual assault. (b) Emergency repairs The Secretary of Defense shall make any necessary repairs of broken locks or other safety mechanisms discovered during the assessment conducted under subsection (a) not later than 30 days after discovering the issue. (c) Report (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). (2) Elements The report under paragraph (1) shall include— (A) a cost estimate to make any improvements recommended pursuant to the assessment under subsection (a), disaggregated by military department and installation; and (B) an estimated schedule for making such improvements. 2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel (a) Safety inspection of child development centers Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall complete an inspection of all facilities under the jurisdiction of that Secretary used as a child development center to identify any unresolved safety issues, including lead, asbestos, and mold, that adversely impact the facilities. (b) Briefing on results of safety inspections and remediation plans (1) Briefing required Not later than March 1, 2022, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the safety inspections conducted of child development centers under the jurisdiction of that Secretary. (2) Required elements of briefing In the briefing required by paragraph (1), the Secretary of a military department shall provide the following: (A) A list of any child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition. In the case of each child development center included on this list, the Secretary shall provide a remediation plan for the child development center, which shall include the following elements: (i) An estimate of the funding required to complete the remediation plan. (ii) The Secretary’s funding strategy to complete the remediation plan. (iii) Any additional statutory authorities the Secretary needs to complete the remediation plan (B) A list of life-threatening and non-life-threatening violations during the previous three years recorded at child development centers under the jurisdiction of that Secretary that are not included on the list required by subparagraph (A), which shall include the name of the installation where the violation occurred and date of inspection. (C) A list of what that Secretary considers a life-threatening and non-life-threatening violation, including with regard to the presence of lead, asbestos, and mold. (D) A list of how often the 90-day remediation requirement has been waived and the name of each child development center under the jurisdiction of that Secretary at which a waiver was granted. (E) Data on child development center closures under the jurisdiction of that Secretary due to a non-life-threatening violation not remedied within 90 days. (F) An additional plan to conduct preventive maintenance on other child development centers under the jurisdiction of that Secretary to prevent additional child development centers from degrading to poor or failing condition. (c) Partnerships encouraged for child care for children of military personnel Beginning one year after the date of the enactment of this Act, and pursuant to such regulations as the Secretary of Defense may prescribe, each Secretary of a military department is encouraged to enter into agreements with public and private entities to provide child care to the children of personnel (including members of the Armed Forces and civilian employees of the Department of Defense) under the jurisdiction of that Secretary. (d) Annual Status updates Not later than 18 months after the date of the enactment of this Act, and every 12 months thereafter, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives on the progress made by that Secretary— (1) in implementing the child development center remediation plans required by subsection (b)(2)(A) for child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition, including details about projects planned, funded, under construction, and completed under the plans; (2) in conducting preventive maintenance on other child development centers under the jurisdiction of that Secretary pursuant to the preventive maintenance plan required by subsection (b)(2)(F); and (3) in entering into partnerships encouraged by subsection (c), including with regard to each partnership— (A) the terms of the agreement, including cost to the United States; (B) the number of children described in such subparagraph projected to receive child care under the partnership; and (C) if applicable, the actual number of such children who received child care under the partnership during the previous year. (e) Child development center defined In this section, the term child development center has the meaning given that term in section 2871(2) of title 10, United States Code, and includes facilities identified as a child care center or day care center. 2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy Chapter 861 of title 10, United States Code, is amended by inserting after section 8616 the following new section: 8617. National Museum of the United States Navy (a) Authority to support development and operation of Museum (1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy. (2) The Secretary may— (A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or (B) authorize acceptance of funds from a partner organization for each or all such phases. (b) Purposes of museum (1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy. (2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command. (c) Acceptance upon completion Upon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum. (d) Lease authority (1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum. (2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum. (e) Authority to accept gifts (1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection. (2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards. (3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record. (4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum. (f) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. (g) Use of Navy indicators (1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy. (2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy. (h) Definitions In this section: (1) The term eligible nonprofit organization means an entity that— (A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and (B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy. (2) The term museum means the National Museum of the United States Navy, including its facilities and grounds. (3) The term Navy indicator includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term National Museum of the United States Navy. (4) The term partner organization means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d).. 8617. National Museum of the United States Navy (a) Authority to support development and operation of Museum (1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy. (2) The Secretary may— (A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or (B) authorize acceptance of funds from a partner organization for each or all such phases. (b) Purposes of museum (1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy. (2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command. (c) Acceptance upon completion Upon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum. (d) Lease authority (1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum. (2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum. (e) Authority to accept gifts (1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection. (2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards. (3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record. (4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum. (f) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. (g) Use of Navy indicators (1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy. (2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy. (h) Definitions In this section: (1) The term eligible nonprofit organization means an entity that— (A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and (B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy. (2) The term museum means the National Museum of the United States Navy, including its facilities and grounds. (3) The term Navy indicator includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term National Museum of the United States Navy. (4) The term partner organization means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d). 2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations (a) Inclusion of additional United States Navy museums Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended— (1) in subsection (a)— (A) by striking the text preceding paragraph (1) and inserting The Secretary of the Navy may lease or license any portion of the facilities of a United States Navy museum to a foundation established to support that museum for the purpose of permitting the foundation to carry out the following activities: ; and (B) in paragraphs (1) and (2), by striking the United States Navy Museum and inserting that United States Navy museum ; (2) in subsection (b), by striking the United States Navy Museum and inserting the United States Navy museum of which the facility is a part ; (3) in subsection (c), by striking the Naval Historical Foundation and inserting a foundation described in subsection (a) ; and (4) in subsection (d)— (A) by striking the United States Navy Museum and inserting the applicable United States Navy museum ; and (B) by striking the Museum and inserting that museum. (b) United States Navy museum defined Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended by adding at the end the following new subsection: (f) United States Navy museum In this section, the term United States Navy museum means a museum under the jurisdiction of the Secretary of Defense and operated through the Naval History and Heritage Command.. (c) Conforming clerical amendment The heading of section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended by striking at Washington, Navy Yard, District of Columbia. 2831. Cooperation with State and local governments in development of master plans for major military installations Section 2864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) The commander of a major military installation shall develop and update the master plan for that major military installation in consultation with representatives of the government of the State in which the installation is located and representatives of local governments in the vicinity of the installation to improve cooperation and consistency between the Department of Defense and such governments in addressing each component of the master plan described in paragraph (1). (B) The consultation required by subparagraph (A) is in addition to the consultation specifically required by subsection (b)(1) in connection with the transportation component of the master plan for a major military installation.. 2832. Additional changes to requirements regarding master plans for major military installations (a) Consideration of military installation resilience Section 2864(a)(2)(E) of title 10, United States Code, is amended by inserting before the period at the end the following: and military installation resilience. (b) Coordination efforts related to military installation resilience component Section 2864(c) of title 10, United States Code, is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: (7) Extent of current coordination efforts and plans for additional coordination, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).. (c) Cross reference to definition of military installation resilience Section 2864(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: (6) The term military installation resilience has the meaning given that term in section 101(e) of this title.. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations (a) Identification of at-Risk installations Not later than 30 days after the date of the enactment of this Act, each Secretary of a military department shall— (1) identify at least two major military installations under the jurisdiction of that Secretary that the Secretary considers at risk from extreme weather events; and (2) notify the Committees on Armed Services of the Senate and the House of Representatives of the major military installations identified under paragraph (1). (b) Completion deadline Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall ensure that the military installation resilience component of the master plan for each major military installation identified by the Secretary under subsection (a) is completed. (c) Briefings Not later than 60 days after completion of a master plan component as required by subsection (b) for a major military installation, the Secretary of the military department concerned shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the master plan efforts for that major military installation. (d) Definitions In this section: (1) The term major military installation has the meaning given that term in section 2864(f) of title 10, United States Code. (2) The term master plan means the master plan required by section 2864(a) of title 10, United States Code, for a major military installation. 2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements (a) Submission of master plans and investment strategies Not later than March 31, 2022, the Secretary of the Army shall submit to the congressional defense committees a report containing the following: (1) The master plan for each of the ammunition organic industrial base production facilities under the jurisdiction of the Secretary of the Army (in this section referred to as an ammunition production facility ) that was developed to guide planning and budgeting for future infrastructure construction, facility improvements, and production equipment needs at the ammunition production facility. (2) An investment strategy to address the facility, major equipment, and infrastructure requirements at each ammunition production facility in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense. (b) Elements of master plan To satisfy the requirements of subsection (a)(1), the master plan for an ammunition production facility must incorporate the results of a review of industrial processes, logistics streams, and workload distribution required to support production objectives and the facility requirements to support optimized processes and include the following specific elements: (1) A description of all infrastructure construction and facility improvements planned or being considered for the ammunition production facility and production equipment planned or being considered for installation, modernization, or replacement. (2) An explanation of how the master plan for the ammunition production facility will promote efficient, effective, resilient, secure, and cost-effective production of ammunition and ammunition components for the Armed Forces. (3) A description of how development of the master plan for the ammunition production facility included input from the contractor operating the ammunition production facility and how implementation of that master plan will be coordinated with the contractor. (4) A review of current and projected workload requirements for the manufacturing of energetic materials, including propellants, explosives, pyrotechnics, and the ingredients for propellants, explosives, and pyrotechnics, to assess efficiencies in the use of existing facilities, including consideration of new weapons characteristics and requirements, obsolescence of facilities, siting of facilities and equipment, and various constrained process flows. (5) An analysis of life-cycle costs to repair and modernize existing mission-essential facilities versus the cost to consolidate functions into modern, right-sized facilities at each location to meet current and programmed future mission requirements. (6) A review of the progress made in prioritizing and funding projects that facilitate process efficiencies and consolidate and contribute to availability cost and schedule reductions. (7) An accounting of the backlog of restoration and modernization projects at the ammunition production facility. (c) Elements of investment strategy To satisfy the requirements of subsection (a)(2), the investment strategy for an ammunition production facility must include the following specific elements: (1) A description of the funding sources for such infrastructure construction, facility improvements, and production equipment, including authorized military construction projects, appropriations available for operation and maintenance, and appropriations available for procurement of Army ammunition in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense. (2) A timeline to complete the investment strategy. (3) A list of projects and a brief scope of work for each such project. (4) Cost estimates necessary to complete projects for mission essential facilities. (d) Annual updates Not later than March 31, 2023, and each March 31 thereafter through March 31, 2026, the Secretary of the Army shall submit to the congressional defense committees a report containing the following: (1) A description of any revisions made during the previous year to master plans and investment strategies submitted under subsection (a). (2) A description of any revisions to be made or being considered to the master plans and investment strategies. (3) An explanation of the reasons for each revision, whether made, to be made, or being considered. (4) A description of the progress made in improving infrastructure, facility, and production equipment at each ammunition production facility consistent with the master plans and investment strategies. (e) Delegation authority The Secretary of the Army shall carry out this section acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects (a) Amendment required The Secretary of Defense shall amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that military construction planning and design for buildings likely to be regularly frequented by nursing mothers who are members of the uniformed services, civilian employees of the Department of Defense, contractor personnel, or visitors include a private nursing and lactation room or other private space suitable for that purpose. (b) Deadline The Secretary of Defense shall complete the amendment process required by subsection (a) and implement the amended UFC 1–4.2 not later than one year after the date of the enactment of this Act. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems (a) Publication and comment period requirements The Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days. (b) Notice and justification requirements The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register. 2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations (a) Unified Facilities Criteria Amendment required To the extent practicable, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019. (b) Implementation of amendment The Secretary of Defense shall complete the amendment process required by subsection (a) in a timely manner so that any Department of Defense Form 1391 submitted to Congress in connection with the budget submission for fiscal year 2024 and thereafter complies with the Unified Facilities Criteria, as amended pursuant to such subsection. (c) Reporting requirement Not later than February 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report— (1) describing the extent to which the Unified Facilities Criteria, as amended pursuant to subsection (a), incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019, as required by such subsection; and (2) in the case of any instance in which the Unified Facilities Criteria continues to deviate from such consensus-based codes and standards for energy efficiency and conservation, identifying the deviation and explaining the reasons for the deviation. 2844. Additional Department of Defense activities to improve energy resiliency of military installations (a) Consideration of including energy microgrid in military construction projects (1) Amendment of Unified Facilities Criteria required The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing an energy microgrid as part of the project, including intentional islanding capability of at least seven consecutive days, for the purpose of— (A) promoting on-installation energy security and energy resilience; and (B) facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ). (2) Deadline The Secretary of Defense shall complete the amendment process required by paragraph (1) and implement the amendment not later than September 1, 2022. (b) Contracts for Emergency access to existing on-installation renewable energy sources In the case of a covered renewable energy generating source located on a military installation pursuant to a lease of non-excess defense property under section 2667 of title 10, United States Code, the Secretary of the military department concerned is encouraged to negotiate with the owner and operator of the renewable energy generating source to revise the lease contract to permit the military installation to access the renewable energy generating source during an emergency. The negotiations shall include consideration of the ease of modifying the renewable energy generating source to include an islanding capability, the necessity of additional infrastructure to tie the renewable energy generating source into the installation energy grid, and the cost of such modifications and infrastructure. (c) Definitions In this section: (1) The term covered renewable energy generating source means a renewable energy generating source that, on the date of the enactment of this Act— (A) is located on a military installation inside the United States; but (B) cannot be used as a direct source of resilient energy for the installation in the event of a power disruption. (2) The term islanding capability refers to the ability to remove an energy system, such as a microgrid, from the local utility grid and to operate the energy system, at least temporarily, as an integrated, stand-alone system, during an emergency involving the loss of external electric power supply. (3) The term microgrid means an integrated energy system consisting of interconnected loads and energy resources with an islanding capability to permit functioning separate from the local utility grid. 2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California (a) Modification of original use restriction Section 3(a) of Public Law 87–662 (76 Stat. 546) is amended by inserting after educational purposes the following: , which may include technology innovation and entrepreneurship programs and establishment of innovation incubators. (b) Execution If necessary to effectuate the amendment made by subsection (a), the Secretary of the Navy shall execute and file in the appropriate office an amended deed or other appropriate instrument reflecting the modification of restrictions on the use of former Camp Matthews conveyed to the regents of the University of California pursuant to Public Law 87–662. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts (a) Conveyance authorized The Secretary of the Air Force may convey to the Commonwealth of Massachusetts (in this section referred to as the Commonwealth ) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon and related easements, consisting of approximately 10 acres located on Joint Base Cape Cod, Bourne, Massachusetts. (b) Conditions of conveyance The conveyance under subsection (a) shall be subject to valid existing rights and the Commonwealth shall accept the real property, and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance as is ). (c) Consideration (1) Consideration required As consideration for the conveyance under subsection (a), the Commonwealth shall pay to the United States an amount equal to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary. (2) Treatment of consideration received Consideration received under paragraph (1) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection. (d) Payment of costs of conveyance (1) Payment required The Secretary of the Air Force shall require the Commonwealth to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Commonwealth in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Commonwealth. (2) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to an appropriate fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (f) Additional terms and conditions The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2853. Land conveyance, Saint Joseph, Missouri (a) Conveyance authorized At such time as the Missouri Air National Guard vacates their existing location on the southern end of the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri, as determined by the Secretary of the Air Force, the Secretary may convey to the City of Saint Joseph, Missouri (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 54 acres at the Rosecrans Air National Guard Base in Saint Joseph, Missouri, for the purpose of removing the property from the boundaries of the Rosecrans Air National Guard Base and accommodating the operations and maintenance needs of the Rosecrans Memorial Airport as well as the development of the parcels and buildings for economic purposes. (b) Condition of conveyance The conveyance under subsection (a) shall be subject to valid existing rights and the City shall accept the real property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance as is ). (c) Consideration (1) Requirement As consideration for the conveyance of the property under subsection (a), the City shall provide the United States an amount that is equivalent to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary of the Air Force. (2) Types of consideration (A) In general Except as provided in subparagraph (B), the consideration required to be provided under paragraph (1) may be provided by land exchange, in-kind consideration described in subparagraph (D), or a combination thereof. (B) Less than fair market value If the value of the land exchange or in-kind consideration provided under subparagraph (A) is less than the fair market value of the property interest to be conveyed under subsection (a), the City shall pay to the United States an amount equal to the difference between the fair market value of the property interest and the value of the consideration provided under subparagraph (A). (C) Cash consideration Any cash consideration received by the United States under this subsection shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and available in accordance with the provisions of subparagraph (B)(ii) of such section. (D) In-kind consideration In-kind consideration described in this subparagraph may include the construction, provision, improvement, alteration, protection, maintenance, repair, or restoration (including environmental restoration), or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri Air National Guard at Rosecrans Air National Guard Base that the Secretary considers appropriate. (d) Payment of costs of conveyance (1) Payment required The Secretary of the Air Force may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. (2) Treatment of amounts received Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (f) Additional terms and conditions The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri (a) Conveyance to Land Clearance for Redevelopment Authority of the City of St. Louis (1) Conveyance authorized The Secretary of the Air Force may convey to the Land Clearance for Redevelopment Authority of the City of St. Louis (in this section referred to as the Authority ) all right, title, and interest of the United States in and to a parcel of real property, including all improvements thereon, consisting of approximately 24 acres located at 3200 S. 2nd Street, St. Louis, Missouri, for purpose of permitting the Authority to redevelop the property. (2) Limitation The Secretary may convey to the Authority only that portion of the parcel of real property described in paragraph (1) that is declared excess to the needs of the Department of Defense. (b) Consideration (1) Consideration required As consideration for the conveyance under subsection (a), the Authority shall pay to the Secretary of the Air Force an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. (2) In-kind consideration In-kind consideration provided by the Authority under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs that the Secretary considers acceptable. (c) Terms of conveyance (1) Instrument of conveyance; acceptance The conveyance under subsection (a) shall be subject to valid existing rights and shall be accomplished using a quitclaim deed or other legal instrument. (2) Conditions (A) In general Subject to paragraph (3), the Authority shall accept the real property conveyed under subsection (a), and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance as is ). (B) Environmental conditions The conveyance under subsection (a) may include conditions, restrictions, or covenants related the environmental condition of the conveyed property, which shall not adversely interfere with the use of existing structures and the development of the property for commercial or industrial uses. (C) Historical property conditions The conveyance under subsection (a) may include conditions, restrictions, or covenants to ensure preservation of historic property, notwithstanding the effect such conditions, restrictions, or covenants may have on reuse of the property. (3) Conduct of remediation (A) In general The Secretary of the Air Force shall conduct all remediation at the real property conveyed under subsection (a) pursuant to approved activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Defense Environmental Restoration Program under section 2701 of title 10, United States Code. (B) Completion of remediation The Secretary shall complete all remediation at the parcel of land conveyed under subsection (a) in accordance with the requirements selected in the Record of Decision, Scott Air Force Base Environmental Restoration Program Site SS018, National Imagery and Mapping Agency, Second Street, dated August 2019. (d) Payment of costs of conveyance (1) Payment required The Secretary of the Air Force shall require the Authority to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Authority. (2) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Relation to other laws (1) Historic preservation The conveyance under subsection (a) shall be carried out in compliance with division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act). (2) Rule of construction Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). (f) Description of property The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (g) Additional terms and conditions The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina (a) Conveyance authorized The Secretary of the Navy may convey to the City of Havelock, North Carolina (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 30 acres, known as the former Fort Macon Housing Area, located within the City limits. (b) Interim lease Until such time as the real property described in subsection (a) is conveyed to the City, the Secretary of the Navy may lease the property to the City for 20 years. (c) Consideration (1) In general As consideration for the conveyance under subsection (a) and interim lease under subsection (b), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. (2) In-kind consideration In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Air Station Cherry Point, North Carolina, that the Secretary considers acceptable. (3) Disposition of amounts (A) Conveyance Amounts received by the Secretary in exchange for the fee title of the real property described in subsection (a) shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section. (B) Interim lease Amounts received by the Secretary for the interim lease of the real property described in subsection (a) shall be deposited in the special account in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, and shall be available for use in accordance with paragraph (1)(D) of such subsection. (d) Payment of costs of conveyance (1) In general The Secretary of the Navy shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a) and interim lease under subsection (b), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts If amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a) and interim lease under subsection (b), the Secretary shall refund the excess amount to the City. (e) Condition of conveyance Conveyance of real property shall be subject to all existing easements, restrictions, and covenants of record and conditioned upon the following: (1) Real property shall be used for municipal park and recreational purposes, which may include ancillary uses such as vending and restrooms. (2) The City shall not use Federal funds to cover any portion of the amounts required by subsections (c) and (d) to be paid by the City. (f) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (g) Exclusion of requirements for prior screening by General Services Administration for additional Federal use Section 2696(b) of title 10, United States Code, does not apply to the conveyance of real property authorized under subsection (a). (h) Additional terms The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia (a) Conveyance authorized (1) In general The Secretary of the Navy may convey to the City of Virginia Beach, Virginia (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property located at 4200 C Avenue, Virginia Beach, Virginia, including any improvements thereon, consisting of approximately 8 acres. (2) Authority to void land use restrictions The Secretary may void any land use restrictions associated with the property to be conveyed under paragraph (1). (b) Consideration (1) In general As consideration for the conveyance under subsection (a)(1), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described in paragraph (2), or a combination thereof. (2) In-kind consideration In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Naval Air Station Oceana, Virginia, that the Secretary considers acceptable. (3) Disposition of funds Cash received in exchange for the fee title of the property conveyed under subsection (a)(1) shall be deposited in the special account in the Treasury established under subparagraph (A) of section 572(b)(5) of title 40, United States Code, and shall be available for use in accordance with subparagraph (B)(ii) of such section. (c) Payment of costs of conveyance (1) Payment required The Secretary of the Navy shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(1), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. (2) Refund of excess amounts If amounts are collected under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a)(1), the Secretary shall refund the excess amount to the City. (3) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance under subsection (a)(1). Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of property The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a)(1) shall be determined by a survey satisfactory to the Secretary of the Navy. (e) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a)(1) as the Secretary considers appropriate to protect the interests of the United States. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia (a) Conveyance authorized (1) In general The Secretary of the Navy may convey to the School Board of the City of Virginia Beach, Virginia (in this section referred to as VBCPS ) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.77 acres at Naval Air Station Oceana, Virginia Beach, Virginia, located at 121 West Lane (GPIN: 2407-94-0772) for the purpose of permitting VBCPS to use the property for educational purposes. (2) Continuation of existing easements, restrictions, and covenants The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act. (b) Consideration (1) Consideration required; amount As consideration for the conveyance under subsection (a), VBCPS shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property to be conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final of the property to be conveyed. (2) Form of consideration The consideration required by paragraph (1) may be in the form of a cash payment, in-kind consideration as described in paragraph (3), or a combination thereof, as acceptable to the Secretary. Cash consideration shall be deposited in the special account in the Treasury established under section 572 of title 40, United States Code, and the entire amount deposited shall be available for use in accordance with subsection (b)(5)(ii) of such section. (3) In-kind consideration The Secretary may accept as in-kind consideration under this subsection the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or the delivery of services, relating to the needs of Naval Air Station Oceana. (c) Payment of costs of conveyance (1) Payment required The Secretary of the Navy shall require VBCPS to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to VBCPS. (2) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Limitation on source of funds VBCPS may not use Federal funds to cover any portion of the costs required by subsections (b) and (c) to be paid by VBCPS. (e) Description of property The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (f) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2861. Pilot program on increased use of sustainable building materials in military construction (a) Pilot Program required Each Secretary of a military department shall conduct a pilot program to evaluate the effect that the use of sustainable building materials as the primary construction material in military construction may have on the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of military construction. (b) Project selection and locations (1) Minimum number of projects Each Secretary of a military department shall carry out at least one military construction project under the pilot program. (2) Project locations The pilot program shall be conducted at military installations in the continental United States— (A) that are identified as vulnerable to extreme weather events; and— (B) for which a military construction project is authorized but a request for proposal has not been released. (c) Inclusion of military Unaccompanied Housing project The Secretaries of the military departments shall coordinate the selection of military construction projects to be carried out under the pilot program so that at least one of the military construction projects involves construction of military unaccompanied housing. (d) Duration of program The authority of the Secretary of a military department to carry out a military construction project under the pilot program shall expire on September 30, 2024. Any construction commenced under the pilot program before the expiration date may continue to completion. (e) Reporting Requirement (1) Report required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2024, the Secretaries of the military departments shall submit to the congressional defense committees a report on the progress of the pilot program. (2) Report elements The report shall include the following: (A) A description of the status of the military construction projects selected to be conducted under the pilot program. (B) An explanation of the reasons why those military construction projects were selected. (C) An analysis of the following: (i) The projected or actual carbon footprint over the full life cycle of the various sustainable building materials evaluated in the pilot program. (ii) The life cycle costs of the various sustainable building materials evaluated in the pilot program. (iii) The resilience to extreme weather events of the various sustainable building materials evaluated in the pilot program. (iv) Any impact on construction timeliness of using the various sustainable building materials evaluated in the pilot program. (v) The cost effectiveness of the military construction projects conducted under the pilot program using sustainable building materials as compared to other materials historically used in military construction. (D) Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of sustainable building materials, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible. (f) Sustainable building materials defined In this section, the term sustainable building material means any building material the use of which will reduce carbon emissions over the life cycle of the building. The term includes mass timber, concrete, and other carbon-reducing materials. 2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force (a) Pilot Program required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall establish a pilot program to authorize installations of the Department of the Air Force to establish a reimbursable account for the purpose of being reimbursed for the use of testing facilities on such installation. (b) Installations selected The Secretary of the Air Force shall select not more than two installations of the Department of the Air Force to participate in the pilot program from among any such installations that are part of the Air Force Flight Test Center construct and are currently funded for Facility, Sustainment, Restoration, and Modernization (FSRM) through the Research, Development, Test, and Evaluation account of the Department of the Air Force. (c) Oversight of funds (1) Installation commander The commander of an installation selected for the pilot program shall have direct oversight over 50 percent of the funds allocated to the installation for Facility, Sustainment, Restoration, and Modernization. (2) Air force civil engineer center commander The Commander of the Air Force Civil Engineer Center shall have direct oversight over the remaining 50 percent of Facility, Sustainment, Restoration, and Modernization funds allocated to an installation selected for the pilot program. (d) Briefing and report (1) Briefing Not later than 30 days after establishing the pilot program, the Secretary of the Air Force shall brief the congressional defense committees on the pilot program. (2) Annual report Not later than one year after establishing the pilot program under subsection (a), and annually thereafter through the year following termination of the pilot program, the Secretary of the Air Force shall submit to the congressional defense committees a report on the pilot program. (e) Termination The pilot program shall terminate on December 1, 2026. 2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific The Secretary of the Navy shall designate an administrative position within the Naval Facilities Engineering Systems Command Pacific for the purpose of improving the continuity of management and oversight of real property and infrastructure assets in the Pacific Area of Responsibility related to the training needs of the Armed Forces, particularly regarding leased property for which the lease will expire within 10 years after the date of the enactment of this Act. 2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i (a) Annual briefing required Not later than February 1 of each year, the Secretary of Defense shall brief the congressional defense committee on the progress being made by the Department of Defense to renew each Department of Defense land lease and easement in the State of Hawai‘i that— (1) encompasses one acre or more; and (2) will expire within 10 years after the date of the briefing. (b) Required elements of briefing Each briefing provided under subsection (a) shall include the following: (1) The location, size, and expiration date of each lease and easement described in such subsection. (2) Major milestones and expected timelines for maintaining access to the land covered by such lease and easement. (3) Actions completed over the preceding two years for such lease and easement. (4) Department-wide and service-specific authorities governing the extension of such lease and easement. (5) A summary of coordination efforts between the Secretary of Defense and the Secretaries of the military departments. (6) The status of efforts to develop an inventory of military land in Hawai‘i, including current and possible future uses of the land, that would assist in land negotiations with the State of Hawai‘i. (7) The risks and potential solutions to ensure the renewability of required and critical leases and easements. 2873. Hawai‘i Military Land Use Master Plan (a) Update of Master Plan Required Not later than December 31, 2025, the Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan, which was first produced by the Department of Defense in 1995 and last updated in 2021. (b) Elements In updating the Hawai‘i Military Land Use Master Plan as required by subsection (a), the Commander of the United States Indo-Pacific Command shall consider, address, and include the following: (1) The priorities of each individual Armed Force and joint priorities within the State of Hawai‘i. (2) The historical background of Armed Forces and Department of Defense use of lands in Hawai‘i and the cultural significance of the historical land holdings. (3) A summary of all leases and easements held by the Department of Defense. (4) An overview of Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Hawai‘i National Guard, and Hawai‘i Air National Guard assets in the State, including the following for each asset: (A) The location and size of facilities. (B) Any tenet commands. (C) Training lands. (D) Purpose of the asset. (E) Priorities for the asset for the next five years, including any planned divestitures and expansions. (5) A summary of encroachment planning efforts. (6) A summary of efforts to synchronize the inter-service use of training lands and ranges. (c) Cooperation The Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan under this section in conjunction with the Deputy Assistant Secretary of Defense for Real Property. (d) Submission of updated plan Not later than 30 days after the date of the completion of the update to the Hawai‘i Military Land Use Master Plan required by subsection (a), the Commander of the United States Indo-Pacific Command shall submit the updated master plan to the Committees on Armed Services of the Senate and the House of Representatives. 2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities Section 2861 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 10 U.S.C. 113 note; 133 Stat. 1899) is amended by striking requirements of national model fire codes developed by the National Fire Protection Association and the International Code Council and inserting NFPA 1, Fire Code of the National Fire Protection Association and applicable requirements of the international building code and international fire code of the International Code Council. 2882. GAO review and report of military construction contracting at military installations inside the United States (a) Review required The Comptroller General of the United States shall perform a review to assess the contracting approaches authorized pursuant to section 2802 of title 10, United States Code, used to maintain and upgrade military installations inside the United States. (b) Elements of review In conducting the review required by subsection (a), the Comptroller General should consider, to the extent practicable, such issues as the following: (1) The extent to which the Department of Defense uses competitive procedures when awarding contracts to contractors to maintain or upgrade military installations inside the United States. (2) The number of contractors awarded such a contract that are considered a small business, and the percentage that these contracts comprise of all such contracts. (3) The extent to which the primary business location of each contractor awarded such a contract is located within 60 miles of the military installation where the contract is to be performed. (4) The extent to which contractors awarded such a contract in turn use subcontractors and suppliers whose primary business location is located within 60 miles of the military installation where the contract is to be performed. (5) The extent to which the source selection procedures used by the responsible contracting organization considers whether offerors are small businesses or are businesses that are located within 60 miles of the military installation where the contract is to be performed. (6) Any other matters the Comptroller General determines relevant to the review. (c) Report required Not later than March 31, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review required by subsection (a). (d) Small business defined In this section, the term small business means a contractor that is a small-business concern as such term is defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ). 3101. National Nuclear Security Administration (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 22–D–513, Power Sources Capability, Sandia National Laboratories, Albuquerque, New Mexico, $13,827,000. Project 22–D–514, Digital Infrastructure Capability Expansion, Lawrence Livermore National Laboratory, Livermore, California, $8,000,000. Project 22–D–531, KL Chemistry and Radiological Health Building, Knolls Atomic Power Laboratory, Schenectady, New York, $41,620,000. Project 22–D–532, KL Security Upgrades, Knolls Atomic Power Laboratory, Schenectady, New York, $5,100,000. Shipping & Receiving (Exterior), Los Alamos National Laboratory, Los Alamos, New Mexico, $9,700,000. TCAP Restoration Column A, Savannah River Site, Aiken, South Carolina, $4,700,000. 3102. Defense environmental cleanup (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 22–D–401, 400 Area Fire Station, Hanford Site, Richland, Washington, $15,200,000. Project 22–D–402, 200 Area Water Treatment Facility, Hanford Site, Richland, Washington, $12,800,000. Project 22–D–403, Idaho Spent Nuclear Fuel Staging Facility, Idaho National Laboratory, Idaho Falls, Idaho, $3,000,000. Project 22–D–404, Additional ICDF Landfill Disposal Cell and Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls, Idaho, $5,000,000. 3103. Other defense activities Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for other defense activities in carrying out programs as specified in the funding table in section 4701. 3104. Nuclear energy Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for nuclear energy as specified in the funding table in section 4701. 3111. Plutonium pit production capacity (a) Certifications Section 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a ) is amended by adding at the end the following new subsections: (d) Certifications on plutonium enterprise (1) Requirement Not later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project. (2) Failure to certify If the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph (1) by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph. (e) Reports (1) Requirement Not later than March 1 of each year during the period beginning on the date on which the first covered project achieves critical decision 2 in the acquisition process and ending on the date on which the second project achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the planned production goals of both covered projects during the first 10 years of the operation of the projects. (2) Elements Each report under paragraph (1) shall include— (A) the number of war reserve plutonium pits planned to be produced during each year, including the associated warhead type; (B) a description of risks and challenges to meeting the performance baseline for the covered projects, as approved in critical decision 2 in the acquisition process; (C) options available to the Administrator to balance scope, costs, and production requirements at the projects to decrease overall risk to the plutonium enterprise and enduring plutonium pit requirements; and (D) an explanation of any changes to the production goals or requirements as compared to the report submitted during the previous year. (f) Covered project defined In this subsection, the term covered project means— (1) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or (2) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).. (b) Briefing Not later than May 1, 2022, the Administrator for Nuclear Security and the Director for Cost Estimating and Program Evaluation shall jointly provide to the congressional defense committees a briefing on the ability of the National Nuclear Security Administration to carry out the plutonium enterprise of the Administration, including with respect to the adequacy of the program management staff of the Administration to execute covered projects (as defined in subsection (f) of section 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a ), as amended by subsection (a)). 3112. Improvements to cost estimates informing analyses of alternatives (a) In general Subtitle A of title XLVII of the Atomic Energy Defense Act ( 50 U.S.C. 2741 et seq. ) is amended by adding at the end the following new section: 4718. Improvements to cost estimates informing analyses of alternatives (a) Requirement for analyses of alternatives The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of project engineering and design funds In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if— (1) the Administrator— (A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification.. (b) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4717 the following new item: Sec. 4718. Improvements to cost estimates informing analyses of alternatives.. 4718. Improvements to cost estimates informing analyses of alternatives (a) Requirement for analyses of alternatives The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of project engineering and design funds In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if— (1) the Administrator— (A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification. 3113. University-based defense nuclear policy collaboration program Title XLVIII of the Atomic Energy Defense Act ( 50 U.S.C. 2781 et seq. ) is amended by adding at the end the following new section (and conforming the table of contents accordingly): 4853. University-based defense nuclear policy collaboration program (a) Program The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814. (b) Purposes The purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. (2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. (3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats. (c) Duties (1) Support The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants. (2) Individuals described The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to— (A) defense nuclear nonproliferation; (B) arms control; (C) nuclear deterrence; (D) the study of foreign nuclear programs; (E) nuclear security; or (F) educating and training the next generation of defense nuclear policy experts.. 4853. University-based defense nuclear policy collaboration program (a) Program The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814. (b) Purposes The purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. (2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. (3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats. (c) Duties (1) Support The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants. (2) Individuals described The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to— (A) defense nuclear nonproliferation; (B) arms control; (C) nuclear deterrence; (D) the study of foreign nuclear programs; (E) nuclear security; or (F) educating and training the next generation of defense nuclear policy experts. 3114. Defense environmental cleanup programs (a) Establishment of programs Subtitle A of title XLIV of the Atomic Energy Defense Act ( 50 U.S.C. 2581 et seq. ) is amended by inserting after section 4406 the following new section (and conforming the table of contents at the beginning of such Act accordingly): 4406A. Other programs relating to technology development (a) Incremental Technology Development Program (1) Establishment The Secretary may establish a program, to be known as the Incremental Technology Development Program , to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office. (2) Focus (A) Improvements In carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including— (i) decontamination chemicals and techniques; (ii) remote sensing and wireless communication to reduce manpower and laboratory efforts; (iii) detection, assay, and certification instrumentation; and (iv) packaging materials, methods, and shipping systems. (B) Other areas The Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A). (3) Use of new and emerging technologies (A) Development and demonstration In carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations. (B) Collaboration required The Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program. (4) Agreements to carry out projects (A) Authority In carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2). (B) Selection The Secretary shall select projects under subparagraph (A) through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (C) Cost-sharing The Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent. (D) Briefing Not later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (b) High-Impact Technology Development Program (1) Establishment The Secretary shall establish a program, to be known as the High-Impact Technology Development Program , under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission— (A) holistically address difficult challenges; (B) hold the promise of breakthrough improvements; or (C) align existing or in-use technologies with difficult challenges. (2) Areas of focus The Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following: (A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on— (i) real-time field acquisition; and (ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration. (B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex. (C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of— (i) remediation systems; and (ii) noninvasive near-field monitoring techniques. (D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on— (i) rapid and nondestructive examination and assay techniques; and (ii) methods to determine radio-nuclide, heavy metals, and organic constituents. (E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites. (F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment. (G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates— (i) to address engineering adaptations; (ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and (iii) to enable successful deployment at full-scale and in support of operations. (H) Developing and demonstrating rapid testing protocols that— (i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community; (ii) can be used to measure long-term waste form performance under realistic disposal environments; (iii) can determine whether a stabilized waste is suitable for disposal; and (iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal. (I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury. (J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines. (3) Project selection (A) Selection The Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (B) Briefing Not later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (c) Environmental Management University Program (1) Establishment The Secretary shall establish a program, to be known as the Environmental Management University Program , to— (A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise; (B) provide institutions of higher education and the Department access to advances in engineering and science; (C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and (D) encourage current employees of the Department to pursue advanced degrees. (2) Areas of focus The Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following: (A) The atomic- and molecular-scale chemistries of waste processing. (B) Contaminant immobilization in engineered and natural systems. (C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine. (D) Elucidating and exploiting complex speciation and reactivity far from equilibrium. (E) Understanding and controlling chemical and physical processes at interfaces. (F) Harnessing physical and chemical processes to revolutionize separations. (G) Tailoring waste forms for contaminants in harsh chemical environments. (H) Predicting and understanding subsurface system behavior and response to perturbations. (3) Individual research grants In carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period. (4) Grants for interdisciplinary collaborations In carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects. (5) Hiring of undergraduates In carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management. (6) Workshops In carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions. (d) Definitions In this section: (1) The term complex means all sites managed in whole or in part by the Office. (2) The term Department means the Department of Energy. (3) The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) The term mission means the mission of the Office. (5) The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) The term Office means the Office of Environmental Management of the Department. (7) The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.. (b) Independent assessment of defense environmental cleanup programs (1) Independent assessment Not later than one year after the date of the enactment of this Act, the Chief of Engineers of the Army shall develop and transmit to the Secretary of Energy and the congressional defense committees an independent assessment of the lifecycle costs and schedules of the defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy. (2) Focus of assessment The Chief of Engineers shall ensure that the assessment under paragraph (1) is focused on— (A) identifying key remaining technical risks and uncertainties of the defense environmental cleanup programs; and (B) providing recommendations to the Secretary and to the congressional defense committees with respect to the annual funding levels for the Incremental Technology Development Program and the High-Impact Technology Development Program established under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), that will ensure maximum cost-savings over the life of the defense environmental cleanup programs of the Office. (3) No effect on program implementation Nothing in this subsection affects the establishment, implementation, or carrying out of any project or program under any other provision of law, including under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), or under any existing agreement or consent decree to which the Department is a party, during the period in which the assessment under paragraph (1) is carried out. 4406A. Other programs relating to technology development (a) Incremental Technology Development Program (1) Establishment The Secretary may establish a program, to be known as the Incremental Technology Development Program , to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office. (2) Focus (A) Improvements In carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including— (i) decontamination chemicals and techniques; (ii) remote sensing and wireless communication to reduce manpower and laboratory efforts; (iii) detection, assay, and certification instrumentation; and (iv) packaging materials, methods, and shipping systems. (B) Other areas The Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A). (3) Use of new and emerging technologies (A) Development and demonstration In carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations. (B) Collaboration required The Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program. (4) Agreements to carry out projects (A) Authority In carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2). (B) Selection The Secretary shall select projects under subparagraph (A) through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (C) Cost-sharing The Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent. (D) Briefing Not later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (b) High-Impact Technology Development Program (1) Establishment The Secretary shall establish a program, to be known as the High-Impact Technology Development Program , under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission— (A) holistically address difficult challenges; (B) hold the promise of breakthrough improvements; or (C) align existing or in-use technologies with difficult challenges. (2) Areas of focus The Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following: (A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on— (i) real-time field acquisition; and (ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration. (B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex. (C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of— (i) remediation systems; and (ii) noninvasive near-field monitoring techniques. (D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on— (i) rapid and nondestructive examination and assay techniques; and (ii) methods to determine radio-nuclide, heavy metals, and organic constituents. (E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites. (F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment. (G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates— (i) to address engineering adaptations; (ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and (iii) to enable successful deployment at full-scale and in support of operations. (H) Developing and demonstrating rapid testing protocols that— (i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community; (ii) can be used to measure long-term waste form performance under realistic disposal environments; (iii) can determine whether a stabilized waste is suitable for disposal; and (iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal. (I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury. (J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines. (3) Project selection (A) Selection The Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (B) Briefing Not later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (c) Environmental Management University Program (1) Establishment The Secretary shall establish a program, to be known as the Environmental Management University Program , to— (A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise; (B) provide institutions of higher education and the Department access to advances in engineering and science; (C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and (D) encourage current employees of the Department to pursue advanced degrees. (2) Areas of focus The Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following: (A) The atomic- and molecular-scale chemistries of waste processing. (B) Contaminant immobilization in engineered and natural systems. (C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine. (D) Elucidating and exploiting complex speciation and reactivity far from equilibrium. (E) Understanding and controlling chemical and physical processes at interfaces. (F) Harnessing physical and chemical processes to revolutionize separations. (G) Tailoring waste forms for contaminants in harsh chemical environments. (H) Predicting and understanding subsurface system behavior and response to perturbations. (3) Individual research grants In carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period. (4) Grants for interdisciplinary collaborations In carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects. (5) Hiring of undergraduates In carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management. (6) Workshops In carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions. (d) Definitions In this section: (1) The term complex means all sites managed in whole or in part by the Office. (2) The term Department means the Department of Energy. (3) The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) The term mission means the mission of the Office. (5) The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) The term Office means the Office of Environmental Management of the Department. (7) The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management. 3115. Modification of requirements for certain construction projects (a) Increase in minor construction threshold for plant projects Section 4701(2) of the Atomic Energy Defense Act ( 50 U.S.C. 2741(2) ) is amended by striking $20,000,000 and inserting $25,000,000. (b) Notification requirement for certain minor construction projects (1) In general Section 4703 of the Atomic Energy Defense Act ( 50 U.S.C. 2743 ) is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): (d) Notification required for certain projects Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until— (1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and (2) a period of 15 days has elapsed after the date on which such notification is received.. (2) Conforming repeal Section 3118(c) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 50 U.S.C. 2743 note) is repealed. (c) Increase in construction design threshold Section 4706(b) of the Atomic Energy Defense Act ( 50 U.S.C. 2746(b) ) is amended by striking $2,000,000 each place it appears and inserting $5,000,000. 3116. Updates to infrastructure modernization initiative Section 3111(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 50 U.S.C. 2402 note) is amended— (1) in paragraph (1), by striking reduce the deferred maintenance and repair needs of the nuclear security enterprise by not less than 30 percent by 2025 and inserting reduce the total deferred maintenance per replacement plant value of the nuclear security enterprise by not less than 45 percent by 2030 ; (2) in paragraph (2)(A)(i)(II), by striking $50,000,000 and inserting $75,000,000 ; (3) in paragraph (3)— (A) in the paragraph heading, by striking Initial plan and inserting Plan required ; and (B) in the matter preceding subparagraph (A)— (i) by striking 2018 and inserting 2022 ; and (ii) by striking an initial plan and inserting a plan ; (4) in paragraph (4)— (A) by striking 2024 and inserting 2023 ; and (B) by striking 2025 and inserting 2030 ; and (5) by adding at the end the following new paragraphs: (5) Annual reports Not later than March 1, 2023, and annually thereafter through 2030, the Administrator for Nuclear Security shall submit to the congressional defense committees a report with respect to whether the updated plan under paragraph (3) is being implemented in a manner adequate to achieve the goal specified in paragraph (1).. 3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel Section 4601(c)(1) of the Atomic Energy Defense Act ( 50 U.S.C. 2701(c)(1) ) is amended by striking September 30, 2021 and inserting September 30, 2026. 3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide (a) In general Section 3132 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( 50 U.S.C. 2569 ) is— (1) transferred to title XLIII of the Atomic Energy Defense Act ( 50 U.S.C. 2565 et seq. ); (2) redesignated as section 4306B; (3) inserted after section 4306A; and (4) amended, in subsection (f)(6), by striking December 31, 2023 and inserting December 31, 2028. (b) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4306A the following new item: Sec. 4306B. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.. 3119. Extension of enhanced procurement authority to manage supply chain risk Section 4806(g) of the Atomic Energy Defense Act ( 50 U.S.C. 2786(g) ) is amended by striking June 30, 2023 and inserting December 31, 2028. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads (a) Prohibition Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the National Nuclear Security Administration may be obligated or expended to reconvert or retire a W76–2 warhead. (b) Waiver The Administrator for Nuclear Security may waive the prohibition in subsection (a) if the Administrator, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees— (1) that Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active stockpiles of the respective country; or (2) that the Department of Defense does not have a valid military requirement for the W76–2 warhead. 3121. Portfolio management framework for National Nuclear Security Administration (a) In general Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall— (1) in consultation with the Nuclear Weapons Council established under section 179 of title 10, United States Code, develop and implement a portfolio management framework for the nuclear security enterprise that— (A) defines the National Nuclear Security Administration’s portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs; (B) establishes a portfolio governance structure, including portfolio-level selection criteria, prioritization criteria, and performance metrics; (C) outlines the approach of the National Nuclear Security Administration to managing that portfolio; and (D) incorporates the leading practices identified by the Comptroller General of the United States in the report titled Nuclear Security Enterprise: NNSA Should Use Portfolio Management Leading Practices to Support Modernization Efforts (GAO–21–398) and dated June 2021; and (2) complete an integrated, comprehensive assessment of the portfolio management capabilities required to execute the weapons activities portfolio of the National Nuclear Security Administration. (b) Briefing requirement Not later than June 1, 2022, the Administrator shall provide to the congressional defense committees a briefing on— (1) the progress of the Administrator in developing the framework described in paragraph (1) of subsection (a) and completing the assessment required by paragraph (2) of that subsection; and (2) the plans of the Administrator for implementing the recommendations of the Comptroller General in the report referred to in paragraph (1)(D) of that subsection. (c) Nuclear security enterprise defined In this section, the term nuclear security enterprise has the meaning given that term in section 4002 of the Atomic Energy Defense Act ( 50 U.S.C. 2501 ). 3131. Modifications to certain reporting requirements (a) Notification of employee practices affecting national security Section 3245 of the National Nuclear Security Administration Act ( 50 U.S.C. 2443 ) is amended by striking subsections (a) and (b) and inserting the following new subsections: (a) Annual notification of security clearance revocations At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, the Administrator shall notify the appropriate congressional committees of— (1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and (2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation. (b) Annual notification of terminations and removals Not later than December 31 of each year, the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year.. (b) Reports on certain transfers of civil nuclear technology Section 3136(a) of the National Defense Authorization Act for Fiscal Year 2016 ( 42 U.S.C. 2077a(a) ) is amended— (1) in the matter preceding paragraph (1), by striking Not less frequently than every 90 days, and inserting At the same time as the President submits to Congress the annual budget request under section 1105 of title 31, United States Code, for a fiscal year, ; (2) in paragraph (1), by striking the preceding 90 days and inserting the preceding year ; and (3) in the heading, by striking Report and inserting Annual reports. (c) Certain annual reviews by Nuclear Science Advisory Committee Section 3173(a)(4)(B) of the National Defense Authorization Act for Fiscal Year 2013 ( 42 U.S.C. 2065(a)(4)(B) ) is amended by striking annual reviews and inserting triennial reviews. 3132. Modification to terminology for reports on financial balances for atomic energy defense activities Section 4732 of the Atomic Energy Defense Act ( 50 U.S.C. 2772 ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (G), by striking committed and inserting encumbered ; (B) in subparagraph (H), by striking uncommitted and inserting unencumbered ; and (C) in subparagraph (I), by striking uncommitted and inserting unencumbered ; and (2) in subsection (c)— (A) by striking paragraphs (1) and (3); (B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (3), respectively; (C) in paragraph (1), as redesignated by subparagraph (B), by striking by the contractor and inserting from the contractor ; (D) by inserting after paragraph (1), as so redesignated, the following new paragraph (2): (2) Encumbered The term encumbered , with respect to funds, means the funds have been obligated to a contract and are being held for a specific known purpose by the contractor. ; (E) in paragraph (3), as so redesignated, by striking by the contractor and inserting from the contractor ; and (F) by inserting after paragraph (3), as so redesignated, the following new paragraph (4): (4) Unencumbered The term unencumbered , with respect to funds, means the funds have been obligated to a contract and are not being held for a specific known purpose by the contractor.. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile Section 4205(e)(3) of the Atomic Energy Defense Act ( 50 U.S.C. 2525(e)(3) ) is amended— (1) in subparagraph (A), by inserting , including with respect to cyber assurance, after methods ; and (2) in subparagraph (B), by inserting , and the confidence of the head in such tools and methods after the assessments. 3134. Report on plant-directed research and development Section 4812A of the Atomic Energy Defense Act ( 50 U.S.C. 2793 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): (b) Plant-directed research and development (1) In general The report required by subsection (a) shall include, with respect to plant-directed research and development, the following: (A) A financial accounting of expenditures for such research and development, disaggregated by nuclear weapons production facility. (B) A breakdown of the percentage of research and development conducted by each such facility that is plant-directed research and development. (C) An explanation of how each such facility plans to increase the availability and utilization of funds for plant-directed research and development. (2) Plant-directed research and development defined In this subsection, the term plant-directed research and development means research and development selected by the director of a nuclear weapons production facility.. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials Section 3113 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 50 U.S.C. 2512 note) is amended by adding at the end the following new subsection: (e) Reports The Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report— (1) identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the National Nuclear Security Administration; (2) describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps; (3) describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps; (4) setting forth the anticipated timelines and resources needed for such mitigating actions; and (5) describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal Government or the private sector to address such risks and gaps.. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio (a) In general The National Nuclear Security Administration shall release all of its reversionary rights without reimbursement to the building located at 4170 Allium Court, Springfield, Ohio, also known as the Advanced Technical Intelligence Center for Human Capital Development, to the Community Improvement Corporation of Clark County and the Chamber of Commerce. (b) Fee simple interest The fee simple interest in the property, on which the building described in subsection (a) is located, shall be transferred from the Advanced Technical Intelligence Center for Human Capital Development to the Community Improvement Corporation of Clark County prior to or concurrent with the release of the reversionary rights of the National Nuclear Security Administration under subsection (a). 3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities (a) In general Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Administrator for Nuclear Security shall submit to the congressional defense committees and the Comptroller General of the United States a comprehensive strategy for treating, storing, and disposing of defense nuclear waste generated as a result of stockpile maintenance and modernization activities. (b) Elements The strategy required by subsection (a) shall include the following: (1) A projection of the location, type, and quantity of defense nuclear waste the National Nuclear Security Administration anticipates generating as a result of stockpile maintenance and modernization activities during the periods of five and 10 fiscal years after the submission of the strategy, with a long-term outlook for the period of 25 fiscal years after such submission. (2) Budgetary estimates associated with the projection under paragraph (1) during the period of five fiscal years after the submission of the strategy. (3) A description of how the National Nuclear Security Administration plans to coordinate with the Office of Environmental Management of the Department of Energy to treat, store, and dispose of the type and quantity of waste projected to be generated under paragraph (1). (4) An identification of— (A) disposal facilities that could accept that waste; (B) disposal facilities that could accept that waste with modifications; and (C) in the case of facilities described in subparagraph (B), the modifications necessary for such facilities to accept that waste. (c) Follow-on strategy Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2027, the Administrator shall submit to the congressional defense committees a follow-on strategy to the strategy required by subsection (a) that includes— (1) the elements set forth in subsection (b); and (2) any other matters that the Administrator considers appropriate. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration (a) Roadmap for acquisition (1) In general Not later than two years after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a roadmap for the acquisition by the Administration of high-performance computing capabilities during the 10-year period following submission of the roadmap. (2) Elements The roadmap required by paragraph (1) shall include the following: (A) A description of the high-performance computing capabilities required to support the mission of the Administration as of the date on which the roadmap is submitted under paragraph (1). (B) An identification of any existing or anticipated gaps in such capabilities. (C) A description of the high-performance computing capabilities anticipated to be required by the Administration during the 10-year period following submission of the roadmap, including computational performance and other requirements, as appropriate. (D) A description of the strategy of the Administration for acquiring such capabilities. (E) An assessment of the ability of the industrial base to support that strategy. (F) Such other matters the Administrator considers appropriate. (3) Consultation and considerations In developing the roadmap required by paragraph (1), the Administrator shall— (A) consult with the Secretary of Energy; and (B) take into consideration the findings of the review of the future of computing beyond exascale computing conducted by the National Academy of Sciences under section 3172 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (b) Independent assessment of high-performance computing acquisitions (1) In general The Administrator shall seek to enter into an agreement with a federally funded research and development center to assess the first acquisition of high-performance computing capabilities by the Administration after the date of the enactment of this Act. (2) Elements The assessment required by paragraph (1) of the acquisition of high-performance computing capabilities described in that paragraph shall include an assessment of the following: (A) The mission needs of the Administration met by the acquisition. (B) The evidence used to support the acquisition decision, such as an analysis of alternatives or business case analyses. (C) Market research performed by the Advanced Simulation and Computing Program related to the acquisition. (3) Report required (A) In general Not later than 90 days after entering into the arrangement under paragraph (1), the Administrator shall submit to the congressional defense committees a report on the assessment conducted under paragraph (1). (B) Form of report The report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex. 3139. Study on the W80–4 nuclear warhead life extension program (a) Study Not later than 30 days after the date of the enactment of this Act, the Director for Cost Estimation and Program Evaluation shall initiate a study on the W80–4 nuclear warhead life extension program. (b) Matters included The study under subsection (a) shall include the following: (1) An explanation of any increases in actual or projected costs of the W80–4 nuclear warhead life extension program. (2) An analysis of projections of total program costs and planned program schedules. (3) An analysis of the potential impacts on other programs as a result of additional funding required to maintain the planned program schedule for the W80–4 nuclear warhead life extension program, including with respect to— (A) other life-extension programs; (B) infrastructure programs; and (C) research, development, test, and evaluation programs. (4) An analysis of the impacts that a delay of the program will have on other programs due to— (A) technical or management challenges; and (B) changes in requirements for the program. (c) Submission Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees the study under subsection (a). (d) Form The study under subsection (a) shall be in unclassified form, but may include a classified annex. 3140. Study on Runit Dome and related hazards (a) Study Not later than 60 days after the date of enactment of this Act, the Secretary of Energy shall seek to enter into an agreement with a federally funded research and development center to conduct a study on the impacts of climate change on the Runit Dome nuclear waste disposal site in Enewetak Atoll, Marshall Islands, and on other environmental hazards due to nuclear weapons testing in the vicinity thereof. The report shall include a scientific analysis of threats to the environment and to the residents of Enewetak Atoll, including— (1) the Runit Dome nuclear waste disposal site; (2) crypts used to contain nuclear waste and other toxins on Enewetak Atoll; and (3) radionuclides and other toxins present in the lagoon of Enewetak Atoll. (b) Public comments In conducting the study under subsection (a), the federally funded research and development center shall solicit public comments. (c) Report Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study conducted under subsection (a). 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing (a) Findings Congress makes the following findings: (1) The Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) was enacted in 1990 to provide monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during atmospheric nuclear weapons testing during the Cold War or following exposure to radiation as a result of employment in the uranium industry during the Cold War. (2) The Radiation Exposure Compensation Act expires on July 9, 2022. Unless that Act is extended, individuals who contract certain cancers and other serious diseases because of events described in paragraph (1) may be unable to claim compensation for such diseases. (b) Sense of Congress It is the sense of Congress that the United States Government should continue to appropriately compensate and recognize the individuals described in subsection (a). 3201. Authorization There are authorized to be appropriated for fiscal year 2022, $31,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ). 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board Chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ) is amended— (1) in section 311(c), in the subsection heading, by striking Chairman, Vice Chairman and inserting Chairperson, Vice Chairperson ; and (2) by striking Chairman each place it appears and inserting Chairperson. 3401. Authorization of appropriations (a) Amount There are hereby authorized to be appropriated to the Secretary of Energy $13,650,000 for fiscal year 2022 for the purpose of carrying out activities under chapter 869 of title 10, United States Code, relating to the naval petroleum reserves. (b) Period of availability Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended. 3501. Authorization of the Maritime Administration (a) In general There are authorized to be appropriated to the Department of Transportation for fiscal year 2022 for programs associated with maintaining the United States merchant marine, the following amounts: (1) For expenses necessary for operations of the United States Merchant Marine Academy, $90,532,000, of which— (A) $85,032,000 shall be for Academy operations, which may be used to hire personnel pursuant to subsection (d) and to implement any recommendations of the Merchant Marine Academy Advisory Council established under subsection (c); and (B) $5,500,000 shall remain available until expended for capital asset management at the Academy. (2) For expenses necessary to support the State maritime academies, $50,780,000, of which— (A) $2,400,000 is for the Student Incentive Program; (B) $6,000,000 is for direct payments; (C) $3,800,000 is for training ship fuel assistance; (D) $8,080,000 is for offsetting the costs of training ship sharing; and (E) $30,500,000 is for maintenance and repair of State maritime academy training vessels. (3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $315,600,000. (4) For expenses necessary to support Maritime Administration operations and programs, $60,853,000. (5) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $10,000,000. (6) For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $318,000,000. (7) For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which— (A) $30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5) )) of loan guarantees under the program; and (B) $3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program. (8) For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United States Code, $60,000,000. (9) For expenses necessary to support maritime environmental and technical assistance activities authorized under section 50307 of title 46, United States Code, $10,000,000. (10) For expenses necessary to support marine highway program activities authorized under chapter 556 of such title, $11,000,000. (11) For expenses necessary to provide assistance to small shipyards and for the maritime training program authorized under section 54101 of title 46, United States Code, $40,000,000. (12) For expenses necessary to implement the Port and Intermodal Improvement Program, $750,000,000, to remain available until expended, except that no such funds may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs within a port of port terminal. (b) Availability of amounts The amounts authorized to be appropriated under subsection (a) shall remain available as follows: (1) The amounts authorized to be appropriated under paragraphs (1)(A), (2)(A), and (4)(A) shall remain available until September 30, 2022. (2) The amounts authorized to be appropriated under paragraphs (1)(B), (2)(B), (D), and (E), (3), (4)(B), (5), (6), (7)(A), (8), and (9) shall remain available until expended without fiscal year limitation. (c) United States Merchant Marine Academy Advisory Council; unfilled vacancies (1) In general Chapter 513 of title 46, United States Code, is amended by adding at the end the following new sections: 51323. United States Merchant Marine Academy Advisory Council (a) Establishment The Secretary of Transportation shall establish an advisory council, to be known as the United States Merchant Marine Academy Advisory Council (in this section referred to as the Council ). (b) Membership (1) In general The Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy. (2) Governmental experts The number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government. (3) Employee status Members of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. (c) Responsibilities The Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary. (d) Personally identifiable information In carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information. 51324. Unfilled vacancies (a) In general In the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions. (b) Critical position defined In this section, the term critical position means a position that contributes to the improvement of— (1) the culture or infrastructure of the Academy; (2) student health and well being; (3) Academy governance; or (4) any other priority areas identified by the Council.. (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new items: 51323. United States Merchant Marine Academy Advisory Council. 51324. Unfilled vacancies.. 51323. United States Merchant Marine Academy Advisory Council (a) Establishment The Secretary of Transportation shall establish an advisory council, to be known as the United States Merchant Marine Academy Advisory Council (in this section referred to as the Council ). (b) Membership (1) In general The Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy. (2) Governmental experts The number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government. (3) Employee status Members of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. (c) Responsibilities The Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary. (d) Personally identifiable information In carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information. 51324. Unfilled vacancies (a) In general In the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions. (b) Critical position defined In this section, the term critical position means a position that contributes to the improvement of— (1) the culture or infrastructure of the Academy; (2) student health and well being; (3) Academy governance; or (4) any other priority areas identified by the Council. 3511. Effective period for issuance of documentation for recreational vessels Section 12105(e)(2) of title 46, United States Code, is amended— (1) by striking subparagraphs (A) and (B) and inserting the following: (A) In general The owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for a certificate of documentation for a recreational vessel or the renewal thereof. ; and (2) by redesignating subparagraph (C) as subparagraph (B). 3512. Committees on maritime matters (a) In general (1) Chapter 555 of title 46, United States Code, is redesignated as chapter 504 of such title and transferred to appear after chapter 503 of such title. (2) Chapter 504 of such title, as redesignated by paragraph (1), is amended in the chapter heading by striking Miscellaneous and inserting Committees. (3) Sections 55501 and 55502 of such title are redesignated as section 50401 and section 50402 , respectively, of such title and transferred to appear in chapter 504 of such title (as redesignated by paragraph (1)). (4) The section heading for section 50401 of such title, as redesignated by paragraph (3), is amended to read as follows: United States Committee on the Marine Transportation System. (b) Conforming amendment Section 8332(b)(1) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (division G of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 )) is amended by striking section 55502 and inserting section 50402. (c) Clerical amendments (1) The analysis for chapter 504 of title 46, United States Code, as redesignated by subsection (a)(1), is amended to read as follows: Chapter 504—Committees Sec. 50401. United States Committee on the Marine Transportation System. 50402. Maritime Transportation System National Advisory Committee.. (2) The table of chapters for subtitle V of title 46, United States Code, is amended— (A) by inserting after the item relating to chapter 503 the following: 504. Committees 50401 ; and (B) by striking the item relating to chapter 555. 3513. Port Infrastructure Development Program (a) In general (1) Part C of subtitle V of title 46, United States Code, is amended by adding at the end the following: 543 Port Infrastructure Development Program Sec. 54301. Port infrastructure development program. 54301. Port infrastructure development program . (2) Subsections (c), (d), and (e) of section 50302 of such title are redesignated as subsections (a), (b), and (c) of section 54301 of such title, respectively, and transferred to appear in chapter 543 of such title (as added by paragraph (1)). (b) Amendments to section 54301 Section 54301 of such title, as redesignated by subsection (a)(2), is amended— (1) in subsection (a)— (A) in paragraph (2) by striking or subsection (d) and inserting or subsection (b) ; (B) in paragraph (3)(A)(ii)— (i) in subclause (II) by striking ; or and inserting a semicolon; (ii) by striking subclause (III); and (iii) by adding at the end the following: (III) operational improvements, including projects to improve port resilience; or (IV) environmental and emission mitigation measures; including projects for— (aa) port electrification or electrification master planning; (bb) harbor craft or equipment replacements or retrofits; (cc) development of port or terminal microgrids; (dd) providing idling reduction infrastructure; (ee) purchase of cargo handling equipment and related infrastructure; (ff) worker training to support electrification technology; (gg) installation of port bunkering facilities from oceangoing vessels for fuels; (hh) electric vehicle charge or hydrogen refueling infrastructure for drayage and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or (ii) other related port activities, including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies. ; (C) in paragraph (5)— (i) in subparagraph (A) by striking or subsection (d) and inserting or subsection (b) ; and (ii) in subparagraph (B) by striking subsection (d) and inserting subsection (b) ; (D) in paragraph (6)(B)— (i) in clause (i) by striking ; and and inserting a semicolon; (ii) in clause (ii) by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) a port’s increased resilience as a result of the project. ; (E) in paragraph (7)— (i) in subparagraph (B)— (I) by striking subsection (d) in each place it appears and inserting subsection (b) ; and (II) by striking 18 percent and inserting 25 percent ; (ii) in subparagraph (C) by striking subsection (d)(3)(A)(ii)(III) and inserting subsection (b)(3)(A)(ii)(III) ; (F) in paragraph (8)— (i) in subparagraph (A) by striking or subsection (d) and inserting or subsection (b) ; and (ii) in subparagraph (B)— (I) in clause (i) by striking subsection (d) and inserting subsection (b) ; and (II) in clause (ii) by striking subsection (d) and inserting subsection (b) ; (G) in paragraph (9) by striking subsection (d) and inserting subsection (b) ; (H) in paragraph (10)— (i) in subparagraph (A), by striking subsection (d) and inserting subsection (b) ; (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (iii) by inserting after subparagraph (A) the following new subparagraph (B): (B) Efficient use of non-Federal funds (i) In general Notwithstanding any other provision of law ans subject to approval by the Secretary, in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed— (I) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and (II) any non-Federal funds obligated or expended in accordance with subclause (I) shall be credited toward the non-Federal cost share for the project for which the grant is provided. (ii) Requirements (I) Application In order to obligate and expend non-Federal funds under clause (i), the grant recipient shall submit to the Secretary a request to obligate and expend non- Federal funds under that clause, including— (aa) a description of the activities the grant recipient intends to fund; (bb) a justification for advancing the activities described in item (aa), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and (cc) the level of risk of the activities described in item (aa). (II) Approval The Secretary shall approve or disapprove each request submitted under subclause (I). (III) Compliance with applicable requirements Any obligation or expenditure of non-Federal funds under clause (i) shall be in compliance with all applicable requirements, including any requirements included in the grant agreement. (iii) Effect The obligation or expenditure of any non-Federal funds in accordance with this subparagraph shall not— (I) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; (II) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or (III) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in clause (i). ; and (I) in paragraph (12)— (i) by striking subsection (d) and inserting subsection (b) ; and (ii) by adding at the end the following: (D) Resilience The term resilience means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or manmade hazards, such as sea level rise, flooding, earthquakes, hurricanes, tsunami inundation or other extreme weather events. ; (2) in subsection (b)— (A) in the subsection heading by striking Inland and inserting Inland River ; (B) in paragraph (1) by striking subsection (c)(7)(B) and inserting subsection (a)(7)(B) ; (C) in paragraph (3)(A)(ii)(III) by striking subsection (c)(3)(B) and inserting subsection (a)(3)(B) ; and (D) in paragraph (5)(A) by striking subsection (c)(8)(B) and inserting subsection (a)(8)(B) ; and (3) in subsection (c)— (A) by striking subsection (c) or subsection (d) and inserting subsection (a) or subsection (b) ; and (B) by striking subsection (c)(2) and inserting subsection (a)(2). (c) Grants for emission mitigation measures For fiscal year 2022, the Secretary may make grants under section 54301(a) of title 46, United States Code, as redesignated by subsection (a)(2) and amended by subsection (b), to provide for emission mitigation measures that provide for the use of shore power for vessels to which sections 3507 and 3508 of such title apply, if such grants meet the other requirements set out in such section 54301(a). (d) Clerical amendments The table of chapters for subtitle V of title 46, United States Code, as amended by this title, is further amended by inserting after the item relating to chapter 541 the following: 543. Port Infrastructure Development Program 54301. 54301. Port infrastructure development program 3514. Uses of emerging marine technologies and practices Section 50307 of title 46, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Uses The results of activities conducted under subsection (b)(1) shall be used to inform— (1) the policy decisions of the United States related to domestic regulations; and (2) the position of the United States on matters before the International Maritime Organization.. 3515. Prohibition on participation of long term charters in Tanker Security Fleet (a) Definition of long term charter Section 53401 of title 46, United States Code, is amended by adding at the end the following new paragraph: (8) Long term charter The term long term charter means any time charter of a product tank vessel to the United States Government that, together with options, occurs for a continuous period of more than 180 days.. (b) Participation of long term charters in Tanker Security Fleet Section 53404(b) of such title is amended— (1) by striking The program participant of a and inserting Any ; (2) by inserting long term before charter ; (3) by inserting not before eligible ; and (4) by striking receive payments pursuant to any operating agreement that covers such vessel and inserting participate in the Fleet. 3516. Coastwise endorsement Notwithstanding section 12112 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel WIDGEON (United States official number 1299656). 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Director of the Office of Naval Research, the co-chairs of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act ( 16 U.S.C. 8031 ), and the heads of other relevant agencies, as determined by the Secretary, shall submit to the appropriate congressional committees a report on the combatant commands’ maritime domain awareness efforts to combat the threats posed by illegal, unreported, and unregulated fishing. (b) Contents of report The report required by subsection (a) shall include a detailed summary of each of the following for each combatant command: (1) The activities undertaken to date to combat the threats posed by illegal, unreported, and unregulated fishing in the geographic area of the combatant command, including the steps taken to build partner capacity to combat such threats. (2) Coordination with the Armed Forces of the United States, partner nations, and public-private partnerships to combat such threats. (3) Efforts undertaken to support unclassified data integration, analysis, and delivery with regional partners to combat such threats. (4) Information sharing and coordination with efforts of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act ( 16 U.S.C. 8031 ). (5) Best practices and lessons learned from existing and previous efforts relating to such threats, including strategies for coordination and success in public-private partnerships. (6) Limitations related to affordability, resource constraints, or other gaps or factors that affect the success or expansion of efforts related to such threats. (7) Any new authorities needed to support efforts to combat such threats. (c) Form of report The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 3518. Authorization to purchase duplicate medals (a) In general The Secretary of Transportation, acting through the Administrator of the Maritime Administration, may use funds appropriated for the fiscal year in which the date of the enactment of this Act occurs, or funds appropriated for any prior fiscal year, for the Maritime Administration to purchase duplicate medals authorized under the Merchant Mariners of World War II Congressional Gold Medal Act of 2020 ( Public Law 116–125 ) and provide such medals to eligible individuals who engaged in qualified service who submit an application under subsection (b) and were United States merchant mariners of World War II. (b) Application To be eligible to receive a medal described in subsection (a), an eligible individual who engaged in qualified service shall submit to the Administrator an application containing such information and assurances as the Administrator may require. (c) Eligible individual who engaged in qualified service In this section, the term eligible individual who engaged in qualified service means an individual who, between December 7, 1941, and December 31, 1946— (1) was a member of the United States merchant marine, including the Army Transport Service and the Navy Transport Service, serving as a crewmember of a vessel that was— (A) operated by the War Shipping Administration, the Office of Defense Transportation, or an agent of such departments; (B) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, or harbors of the United States; (C) under contract or charter to, or property of, the Government of the United States; and (D) serving in the Armed Forces; and (2) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service. 4001. Authorization of amounts in funding tables (a) In general Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations. (b) Merit-based decisions (1) In general A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (A) except as provided in paragraph (2), be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and (B) comply with other applicable provisions of law. (2) Exception Paragraph (1)(A) does not apply to a decision to commit, obligate, or expend funds on the basis of a dollar amount authorized pursuant to subsection (a) if the project, program, or activity involved— (A) is listed in section 4201; and (B) is identified as Community Project Funding through the inclusion of the abbreviation CPF immediately before the name of the project, program, or activity. (c) Relationship to transfer and programming authority An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d) Applicability to classified annex This section applies to any classified annex that accompanies this Act. (e) Oral and written communications No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section. 4101. Procurement SEC. 4101. PROCUREMENT (In Thousands of Dollars) Line Item FY 2022 Request Conference Authorized AIRCRAFT PROCUREMENT, ARMY FIXED WING 001 UTILITY F/W AIRCRAFT 20,000 Program increase—fixed wing avionics upgrade [20,000] 004 SMALL UNMANNED AIRCRAFT SYSTEM 16,005 16,005 ROTARY 007 AH–64 APACHE BLOCK IIIA REMAN 504,136 494,136 Unit cost growth [–10,000] 008 AH–64 APACHE BLOCK IIIA REMAN 192,230 192,230 010 UH–60 BLACKHAWK M MODEL (MYP) 630,263 841,763 UH–60 Black Hawk for Army Guard [211,500] 011 UH–60 BLACKHAWK M MODEL (MYP) 146,068 146,068 012 UH–60 BLACK HAWK L AND V MODELS 166,205 166,205 013 CH–47 HELICOPTER 145,218 397,218 Army UFR—Support minimum sustainment rate [252,000] 014 CH–47 HELICOPTER AP 18,559 47,559 Program increase—F Block II [29,000] MODIFICATION OF AIRCRAFT 017 GRAY EAGLE MODS2 3,143 33,143 Program increase—recapitalization of legacy MQ–1C to extended range MDO configuration [30,000] 018 MULTI SENSOR ABN RECON 127,665 122,910 Unjustified cost—spares [–4,755] 019 AH–64 MODS 118,560 118,560 020 CH–47 CARGO HELICOPTER MODS (MYP) 9,918 11,918 Program increase—improved vibration control [2,000] 021 GRCS SEMA MODS 2,762 2,762 022 ARL SEMA MODS 9,437 9,437 023 EMARSS SEMA MODS 1,568 1,568 024 UTILITY/CARGO AIRPLANE MODS 8,530 8,530 025 UTILITY HELICOPTER MODS 15,826 40,826 UH–72 modernization [25,000] 026 NETWORK AND MISSION PLAN 29,206 29,206 027 COMMS, NAV SURVEILLANCE 58,117 58,117 029 AVIATION ASSURED PNT 47,028 45,862 Excess to need [–1,166] 030 GATM ROLLUP 16,776 16,776 032 UAS MODS 3,840 3,840 GROUND SUPPORT AVIONICS 033 AIRCRAFT SURVIVABILITY EQUIPMENT 64,561 64,561 034 SURVIVABILITY CM 5,104 5,104 035 CMWS 148,570 148,570 036 COMMON INFRARED COUNTERMEASURES (CIRCM) 240,412 238,012 Training support cost growth [–2,400] OTHER SUPPORT 038 COMMON GROUND EQUIPMENT 13,561 13,561 039 AIRCREW INTEGRATED SYSTEMS 41,425 41,425 040 AIR TRAFFIC CONTROL 21,759 21,759 TOTAL AIRCRAFT PROCUREMENT, ARMY 2,806,452 3,357,631 MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 002 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN 35,473 35,473 003 M-SHORAD—PROCUREMENT 331,575 331,575 004 MSE MISSILE 776,696 776,696 005 PRECISION STRIKE MISSILE (PRSM) 166,130 166,130 006 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I 25,253 20,253 Maintain level of effort [–5,000] AIR-TO-SURFACE MISSILE SYSTEM 007 HELLFIRE SYS SUMMARY 118,800 115,800 Unit cost growth [–3,000] 008 JOINT AIR-TO-GROUND MSLS (JAGM) 152,177 214,177 Army UFR—Additional JAGM procurement [67,000] Unit cost growth [–5,000] 009 LONG RANGE PRECISION MUNITION 44,744 44,744 ANTI-TANK/ASSAULT MISSILE SYS 010 JAVELIN (AAWS-M) SYSTEM SUMMARY 120,842 125,842 Army UFR—Light Weight Command Launch Units [5,000] 011 TOW 2 SYSTEM SUMMARY 104,412 102,412 Excess to need [–2,000] 012 GUIDED MLRS ROCKET (GMLRS) 935,917 968,262 Army UFR—Restores GMLRS procurement [50,000] Tooling request previously funded [–17,655] 013 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 29,574 29,574 014 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 128,438 128,438 016 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS 68,278 68,278 MODIFICATIONS 017 PATRIOT MODS 205,469 205,469 021 AVENGER MODS 11,227 11,227 022 ITAS/TOW MODS 4,561 4,561 023 MLRS MODS 273,856 273,856 024 HIMARS MODIFICATIONS 7,192 7,192 SPARES AND REPAIR PARTS 025 SPARES AND REPAIR PARTS 5,019 5,019 SUPPORT EQUIPMENT & FACILITIES 026 AIR DEFENSE TARGETS 10,618 10,618 TOTAL MISSILE PROCUREMENT, ARMY 3,556,251 3,645,596 PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 001 ARMORED MULTI PURPOSE VEHICLE (AMPV) 104,727 104,727 002 ASSAULT BREACHER VEHICLE (ABV) 16,454 16,454 003 MOBILE PROTECTED FIREPOWER 286,977 286,977 MODIFICATION OF TRACKED COMBAT VEHICLES 005 STRYKER UPGRADE 1,005,028 1,120,028 Excess growth [–24,000] Program increase [139,000] 006 BRADLEY PROGRAM (MOD) 461,385 538,354 Army UFR—Improved Bradley Acquisition System upgrade [56,969] Program increase [20,000] 007 M109 FOV MODIFICATIONS 2,534 2,534 008 PALADIN INTEGRATED MANAGEMENT (PIM) 446,430 673,430 Army UFR—PIM increase [227,000] 009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) 52,059 52,059 010 ASSAULT BRIDGE (MOD) 2,136 2,136 013 JOINT ASSAULT BRIDGE 110,773 110,773 015 ABRAMS UPGRADE PROGRAM 981,337 1,350,337 Army UFR—Abrams ARNG M1A2SEPv3 fielding [369,000] 016 VEHICLE PROTECTION SYSTEMS (VPS) 80,286 80,286 WEAPONS & OTHER COMBAT VEHICLES 018 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S 31,623 31,623 019 MORTAR SYSTEMS 37,485 50,338 Army UFR—120mm mortar cannon [12,853] 020 XM320 GRENADE LAUNCHER MODULE (GLM) 8,666 8,666 021 PRECISION SNIPER RIFLE 11,040 10,040 Unit cost growth [–1,000] 023 CARBINE 4,434 4,434 024 NEXT GENERATION SQUAD WEAPON 97,087 97,087 026 HANDGUN 4,930 4,930 MOD OF WEAPONS AND OTHER COMBAT VEH 027 MK–19 GRENADE MACHINE GUN MODS 13,027 13,027 028 M777 MODS 21,976 23,771 Army UFR—Software Defined Radio-Hardware Integration Kits [1,795] 030 M2 50 CAL MACHINE GUN MODS 3,612 21,527 Army UFR—Additional M2A1s for MATVs [17,915] SUPPORT EQUIPMENT & FACILITIES 036 ITEMS LESS THAN $5.0M (WOCV-WTCV) 1,068 1,068 037 PRODUCTION BASE SUPPORT (WOCV-WTCV) 90,819 90,819 TOTAL PROCUREMENT OF W&TCV, ARMY 3,875,893 4,695,425 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 001 CTG, 5.56MM, ALL TYPES 47,490 79,890 Army UFR—Enhanced Performance Round and Tracer [32,400] 002 CTG, 7.62MM, ALL TYPES 74,870 101,926 Program increase [28,473] Unit cost growth [–1,417] 003 NEXT GENERATION SQUAD WEAPON AMMUNITION 76,794 76,794 004 CTG, HANDGUN, ALL TYPES 7,812 7,812 005 CTG,.50 CAL, ALL TYPES 29,716 58,116 Program increase [28,400] 006 CTG, 20MM, ALL TYPES 4,371 4,371 008 CTG, 30MM, ALL TYPES 34,511 34,511 009 CTG, 40MM, ALL TYPES 35,231 46,731 Army UFR—MK19 training and war reserves [14,000] BA54 and BA55 uncertainty [–2,500] MORTAR AMMUNITION 010 60MM MORTAR, ALL TYPES 23,219 23,219 011 81MM MORTAR, ALL TYPES 52,135 52,135 012 120MM MORTAR, ALL TYPES 104,144 98,944 Unit cost growth [–5,200] TANK AMMUNITION 013 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 224,503 217,603 Unit cost growth [–6,900] ARTILLERY AMMUNITION 014 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 26,709 57,553 Army UPL [30,844] 015 ARTILLERY PROJECTILE, 155MM, ALL TYPES 174,015 174,715 Army UFR—Additional inventory [5,000] Unit cost growth [–4,300] 016 PROJ 155MM EXTENDED RANGE M982 73,498 61,498 Unit cost growth [–12,000] 017 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 150,873 143,373 Unit cost growth [–7,500] MINES 018 MINES & CLEARING CHARGES, ALL TYPES 25,980 20,980 Excess to need [–5,000] 019 CLOSE TERRAIN SHAPING OBSTACLE 34,761 34,761 ROCKETS 020 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 24,408 22,408 Excess to need [–2,000] 021 ROCKET, HYDRA 70, ALL TYPES 109,536 117,536 Program increase [8,000] OTHER AMMUNITION 022 CAD/PAD, ALL TYPES 6,549 6,549 023 DEMOLITION MUNITIONS, ALL TYPES 27,904 27,904 024 GRENADES, ALL TYPES 37,437 37,437 025 SIGNALS, ALL TYPES 7,530 7,530 026 SIMULATORS, ALL TYPES 8,350 8,350 027 REACTIVE ARMOR TILES 17,755 17,755 MISCELLANEOUS 028 AMMO COMPONENTS, ALL TYPES 2,784 2,784 029 ITEMS LESS THAN $5 MILLION (AMMO) 17,797 17,797 030 AMMUNITION PECULIAR EQUIPMENT 12,290 12,290 031 FIRST DESTINATION TRANSPORTATION (AMMO) 4,331 4,331 032 CLOSEOUT LIABILITIES 99 99 PRODUCTION BASE SUPPORT 034 INDUSTRIAL FACILITIES 538,120 642,620 Army UFR—Demolition of Legacy Nitrate Esters (Nitroglycerin) NG1 Facility, Radford Army Ammunition Plant (RFAAP), Virginia [40,000] Army UFR—Environmental, Safety, Construction, Maintenance and Repair of GOCO Facilities in VA, TN, MO, PA, & IA [40,000] Army UFR—Pyrotechnics Energetic Capability (PEC) construction at Lake City Army Ammunition Plant (LCAAP), Missouri [12,000] Army UFR—Solvent Propellant Facility, Preliminary Design, Radford Army Ammunition Plant, Virginia [12,500] 035 CONVENTIONAL MUNITIONS DEMILITARIZATION 139,410 232,410 Program increase [93,000] 036 ARMS INITIATIVE 3,178 3,178 TOTAL PROCUREMENT OF AMMUNITION, ARMY 2,158,110 2,455,910 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 002 SEMITRAILERS, FLATBED: 12,539 18,931 Army UFR—M872 semitrailer [6,392] 003 SEMITRAILERS, TANKERS 17,985 17,985 004 HI MOB MULTI-PURP WHLD VEH (HMMWV) 60,706 60,706 005 GROUND MOBILITY VEHICLES (GMV) 29,807 37,307 Program increase—infantry squad vehicle [7,500] 008 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL 574,562 605,562 Army UFR—Additional JLTV fielding [120,000] Early to need [–89,000] 009 TRUCK, DUMP, 20T (CCE) 9,882 19,632 Program increase [9,750] 010 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 36,885 61,885 Program increase [25,000] 011 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE 16,450 16,450 012 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 26,256 26,256 013 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 64,282 64,282 014 PLS ESP 16,943 16,943 015 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV 109,000 Program increase [109,000] 017 TACTICAL WHEELED VEHICLE PROTECTION KITS 17,957 17,957 018 MODIFICATION OF IN SVC EQUIP 29,349 212,650 HMMWV modifications [183,301] NON-TACTICAL VEHICLES 020 PASSENGER CARRYING VEHICLES 1,232 1,232 021 NONTACTICAL VEHICLES, OTHER 24,246 19,246 Excess carryover [–5,000] COMM—JOINT COMMUNICATIONS 022 SIGNAL MODERNIZATION PROGRAM 140,036 142,536 Army UFR—Multi-Domain Task Force All-Domain Operations Center cloud pilot [2,500] 023 TACTICAL NETWORK TECHNOLOGY MOD IN SVC 436,524 429,024 Excess to need [–7,500] 025 DISASTER INCIDENT RESPONSE COMMS TERMINAL 3,863 3,863 026 JCSE EQUIPMENT (USRDECOM) 4,845 4,845 COMM—SATELLITE COMMUNICATIONS 029 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 97,369 97,369 030 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 120,550 120,550 031 SHF TERM 38,129 38,129 032 ASSURED POSITIONING, NAVIGATION AND TIMING 115,291 112,791 Excess to need [–2,500] 033 SMART-T (SPACE) 15,407 15,407 034 GLOBAL BRDCST SVC—GBS 2,763 2,763 COMM—C3 SYSTEM 037 COE TACTICAL SERVER INFRASTRUCTURE (TSI) 99,858 99,858 COMM—COMBAT COMMUNICATIONS 038 HANDHELD MANPACK SMALL FORM FIT (HMS) 775,069 730,069 Cost deviation [–5,000] Single channel data radio program decrease [–35,000] Support cost excess to need [–5,000] 040 ARMY LINK 16 SYSTEMS 17,749 17,749 042 UNIFIED COMMAND SUITE 17,984 17,984 043 COTS COMMUNICATIONS EQUIPMENT 191,702 185,702 Unit cost growth [–6,000] 044 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 15,957 15,957 045 ARMY COMMUNICATIONS & ELECTRONICS 89,441 79,441 Insufficient justification [–10,000] COMM—INTELLIGENCE COMM 047 CI AUTOMATION ARCHITECTURE-INTEL 13,317 13,317 048 DEFENSE MILITARY DECEPTION INITIATIVE 5,207 5,207 049 MULTI-DOMAIN INTELLIGENCE 20,095 20,095 INFORMATION SECURITY 051 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 987 987 052 COMMUNICATIONS SECURITY (COMSEC) 126,273 126,273 053 DEFENSIVE CYBER OPERATIONS 27,389 31,489 Army UFR—Cybersecurity / IT Network Mapping [4,100] 056 SIO CAPABILITY 21,303 21,303 057 BIOMETRIC ENABLING CAPABILITY (BEC) 914 914 COMM—LONG HAUL COMMUNICATIONS 059 BASE SUPPORT COMMUNICATIONS 9,209 24,209 Land mobile radios [15,000] COMM—BASE COMMUNICATIONS 060 INFORMATION SYSTEMS 219,026 219,026 061 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,875 4,875 064 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 223,001 225,041 EUCOM UFR—Mission Partner Environment [2,040] ELECT EQUIP—TACT INT REL ACT (TIARA) 067 JTT/CIBS-M 5,463 5,463 068 TERRESTRIAL LAYER SYSTEMS (TLS) 39,240 39,240 070 DCGS-A-INTEL 92,613 119,563 Army UFR—Additional fixed node cloud servers [26,950] 071 JOINT TACTICAL GROUND STATION (JTAGS)-INTEL 8,088 8,088 072 TROJAN 30,828 30,828 073 MOD OF IN-SVC EQUIP (INTEL SPT) 39,039 39,039 074 BIOMETRIC TACTICAL COLLECTION DEVICES 11,097 11,097 ELECT EQUIP—ELECTRONIC WARFARE (EW) 076 EW PLANNING & MANAGEMENT TOOLS (EWPMT) 783 783 077 AIR VIGILANCE (AV) 13,486 13,486 079 FAMILY OF PERSISTENT SURVEILLANCE CAP. 14,414 14,414 080 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 19,111 19,111 081 CI MODERNIZATION 421 421 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 082 SENTINEL MODS 47,642 47,642 083 NIGHT VISION DEVICES 1,092,341 828,875 IVAS ahead of need [–213,466] Transfer to RDTE, Army line 98 [–50,000] 084 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 21,103 21,103 085 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 6,153 6,153 086 FAMILY OF WEAPON SIGHTS (FWS) 184,145 184,145 087 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE 2,371 2,371 088 FORWARD LOOKING INFRARED (IFLIR) 11,929 11,929 089 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) 60,058 60,058 090 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 263,661 259,661 Unit cost growth [–4,000] 091 JOINT EFFECTS TARGETING SYSTEM (JETS) 62,082 62,082 093 COMPUTER BALLISTICS: LHMBC XM32 2,811 2,811 094 MORTAR FIRE CONTROL SYSTEM 17,236 17,236 095 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS 2,830 2,830 096 COUNTERFIRE RADARS 31,694 26,694 Excess to need [–5,000] ELECT EQUIP—TACTICAL C2 SYSTEMS 097 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE 49,410 49,410 098 FIRE SUPPORT C2 FAMILY 9,853 9,853 099 AIR & MSL DEFENSE PLANNING & CONTROL SYS 67,193 67,193 100 IAMD BATTLE COMMAND SYSTEM 301,872 291,872 Excess costs previously funded [–10,000] 101 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 5,182 5,182 102 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 31,349 31,349 104 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 11,271 11,271 105 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 16,077 16,077 107 MOD OF IN-SVC EQUIPMENT (ENFIRE) 3,160 9,160 Program increase—land surveying systems [6,000] ELECT EQUIP—AUTOMATION 108 ARMY TRAINING MODERNIZATION 9,833 9,833 109 AUTOMATED DATA PROCESSING EQUIP 130,924 133,924 Army UFR—ATRRS unlimited data rights [3,000] 110 ACCESSIONS INFORMATION ENVIRONMENT (AIE) 44,635 39,635 Program decrease [–5,000] 111 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM 1,452 1,452 112 HIGH PERF COMPUTING MOD PGM (HPCMP) 69,943 69,943 113 CONTRACT WRITING SYSTEM 16,957 16,957 114 CSS COMMUNICATIONS 73,110 73,110 115 RESERVE COMPONENT AUTOMATION SYS (RCAS) 12,905 12,905 ELECT EQUIP—SUPPORT 117 BCT EMERGING TECHNOLOGIES 13,835 13,835 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 18,304 18,304 CHEMICAL DEFENSIVE EQUIPMENT 119 BASE DEFENSE SYSTEMS (BDS) 62,295 62,295 120 CBRN DEFENSE 55,632 55,632 BRIDGING EQUIPMENT 122 TACTICAL BRIDGING 9,625 9,625 123 TACTICAL BRIDGE, FLOAT-RIBBON 76,082 76,082 124 BRIDGE SUPPLEMENTAL SET 19,867 19,867 125 COMMON BRIDGE TRANSPORTER (CBT) RECAP 109,796 109,796 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 126 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 5,628 5,628 128 HUSKY MOUNTED DETECTION SYSTEM (HMDS) 26,823 75,123 Army UFR—Additional HMDS [48,300] 131 ROBOTICS AND APPLIQUE SYSTEMS 124,233 134,233 Army UFR—Common Robotic System-Individual (CRS-I) [10,000] 132 RENDER SAFE SETS KITS OUTFITS 84,000 87,158 Army UFR—Additional render safe equipment [3,158] COMBAT SERVICE SUPPORT EQUIPMENT 134 HEATERS AND ECU'S 7,116 5,116 Contract delay [–2,000] 135 SOLDIER ENHANCEMENT 1,286 7,786 Program increase [6,500] 136 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 9,741 9,741 137 GROUND SOLDIER SYSTEM 150,244 150,244 138 MOBILE SOLDIER POWER 17,815 17,815 139 FORCE PROVIDER 28,860 28,860 140 FIELD FEEDING EQUIPMENT 2,321 2,321 141 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 40,240 40,240 142 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS 36,163 36,163 PETROLEUM EQUIPMENT 144 QUALITY SURVEILLANCE EQUIPMENT 744 744 145 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 72,296 76,716 Army UFR—Modular Fuel System (MFS) [4,420] MEDICAL EQUIPMENT 146 COMBAT SUPPORT MEDICAL 122,145 122,145 MAINTENANCE EQUIPMENT 147 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 14,756 12,856 Excess carryover [–1,900] CONSTRUCTION EQUIPMENT 154 ALL TERRAIN CRANES 112,784 107,784 Cost savings [–5,000] 156 CONST EQUIP ESP 8,694 8,694 RAIL FLOAT CONTAINERIZATION EQUIPMENT 158 ARMY WATERCRAFT ESP 44,409 58,009 Army UFR—Landing Craft Utility modernization [13,600] 159 MANEUVER SUPPORT VESSEL (MSV) 76,660 76,660 GENERATORS 161 GENERATORS AND ASSOCIATED EQUIP 47,606 47,606 162 TACTICAL ELECTRIC POWER RECAPITALIZATION 10,500 10,500 MATERIAL HANDLING EQUIPMENT 163 FAMILY OF FORKLIFTS 13,325 13,325 TRAINING EQUIPMENT 164 COMBAT TRAINING CENTERS SUPPORT 79,565 79,565 165 TRAINING DEVICES, NONSYSTEM 174,644 174,644 166 SYNTHETIC TRAINING ENVIRONMENT (STE) 122,104 92,266 RVCT ahead of need [–29,838] 168 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 11,642 10,642 Excess carryover [–1,000] TEST MEASURE AND DIG EQUIPMENT (TMD) 170 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 42,934 42,934 172 TEST EQUIPMENT MODERNIZATION (TEMOD) 24,304 24,304 OTHER SUPPORT EQUIPMENT 174 PHYSICAL SECURITY SYSTEMS (OPA3) 86,930 86,930 175 BASE LEVEL COMMON EQUIPMENT 27,823 27,823 176 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 32,392 32,392 177 BUILDING, PRE-FAB, RELOCATABLE 32,227 32,227 179 SPECIAL EQUIPMENT FOR TEST AND EVALUATION 76,917 76,917 OPA2 180 INITIAL SPARES—C&E 9,272 9,272 TOTAL OTHER PROCUREMENT, ARMY 8,873,558 8,987,865 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 001 F/A–18E/F (FIGHTER) HORNET 87,832 977,161 Production line shutdown [–10,671] Program increase—12 additional aircraft [900,000] 003 JOINT STRIKE FIGHTER CV 2,111,009 2,060,757 Unit cost savings [–50,252] 004 JOINT STRIKE FIGHTER CV 246,781 246,781 005 JSF STOVL 2,256,829 2,317,929 F–35 B PGSE & depot support—USMC UPL [128,800] Target cost savings [–67,700] 006 JSF STOVL 216,720 216,720 007 CH–53K (HEAVY LIFT) 1,286,296 1,503,126 Excess to need—pub/tech data [–14,782] GFE electronics excess growth [–3,388] Program increase—two additional aircraft [250,000] Unjustified growth—NRE production capacity [–15,000] 008 CH–53K (HEAVY LIFT) 182,871 182,871 009 V–22 (MEDIUM LIFT) 751,716 1,500,516 Program increase—five additional MV–22 [414,400] Program increase—four additional CMV–22 [334,400] 011 H–1 UPGRADES (UH–1Y/AH–1Z) 939 939 013 P–8A POSEIDON 44,595 384,595 Additional aircraft [340,000] 014 E–2D ADV HAWKEYE 766,788 957,788 Navy UFR—Additional E–2D [191,000] 015 E–2D ADV HAWKEYE 118,095 118,095 TRAINER AIRCRAFT 016 ADVANCED HELICOPTER TRAINING SYSTEM 163,490 163,490 OTHER AIRCRAFT 017 KC–130J 520,787 947,187 Marine Corps UFR—KC–130J weapons system trainer [31,500] Marine Corps UFR—Replace KC–130J aircraft [197,900] Two additional C–130J aircraft—Navy UPL [197,000] 018 KC–130J 68,088 68,088 021 MQ–4 TRITON 160,151 483,151 Additional aircraft [323,000] 023 MQ–8 UAV 49,249 49,249 024 STUASL0 UAV 13,151 13,151 025 MQ–25 47,468 47,468 027 MARINE GROUP 5 UAS 233,686 273,686 Marine Corps UFR—Additional aircraft [40,000] MODIFICATION OF AIRCRAFT 030 F–18 A-D UNIQUE 163,095 244,595 F/A–18 aircraft structural life management (OSIP 11–99) inner wing installation excess cost growth [–1,000] Marine Corps UFR—F–18 ALR–67(V)5 radar warning receiver [55,000] Marine Corps UFR—F–18C/D AESA radar upgrade [27,500] 031 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM 482,899 482,899 032 MARINE GROUP 5 UAS SERIES 1,982 1,982 033 AEA SYSTEMS 23,296 20,221 Excess support costs [–3,075] 034 AV–8 SERIES 17,882 17,882 035 INFRARED SEARCH AND TRACK (IRST) 138,827 120,377 Limit production growth [–18,450] 036 ADVERSARY 143,571 143,571 037 F–18 SERIES 327,571 327,571 038 H–53 SERIES 112,436 109,136 Excess to need [–3,300] 039 MH–60 SERIES 94,794 94,794 040 H–1 SERIES 124,194 118,857 Excess to need [–5,337] 041 EP–3 SERIES 28,848 28,848 042 E–2 SERIES 204,826 199,991 Electronic support measures (OSIP 007–21) excess installation costs [–1,800] Electronic support measures (OSIP 007–21) previously funded [–1,785] NAVWAR A-kit installation (OSIP 011–19) previously funded [–1,250] 043 TRAINER A/C SERIES 7,849 7,849 044 C–2A 2,843 2,843 045 C–130 SERIES 145,610 143,106 A and B kits (OSIP 019–14) unit cost growth [–2,504] 046 FEWSG 734 734 047 CARGO/TRANSPORT A/C SERIES 10,682 10,682 048 E–6 SERIES 128,029 128,029 049 EXECUTIVE HELICOPTERS SERIES 45,326 45,326 051 T–45 SERIES 158,772 158,772 052 POWER PLANT CHANGES 24,915 24,915 053 JPATS SERIES 22,955 22,955 054 AVIATION LIFE SUPPORT MODS 2,477 2,477 055 COMMON ECM EQUIPMENT 119,574 119,574 056 COMMON AVIONICS CHANGES 118,839 118,839 057 COMMON DEFENSIVE WEAPON SYSTEM 5,476 5,476 058 ID SYSTEMS 13,154 13,154 059 P–8 SERIES 131,298 115,998 Program delays [–15,300] 060 MAGTF EW FOR AVIATION 29,151 29,151 061 MQ–8 SERIES 31,624 31,624 062 V–22 (TILT/ROTOR ACFT) OSPREY 312,835 312,835 063 NEXT GENERATION JAMMER (NGJ) 266,676 266,676 064 F–35 STOVL SERIES 177,054 168,154 Block 4 B kits early to need [–8,900] 065 F–35 CV SERIES 138,269 131,369 TR–3/B4 delay [–6,900] 066 QRC 98,563 98,563 067 MQ–4 SERIES 7,100 7,100 068 RQ–21 SERIES 14,123 14,123 AIRCRAFT SPARES AND REPAIR PARTS 072 SPARES AND REPAIR PARTS 2,339,077 2,466,977 Marine Corps UFR—F–35B engine spares [117,800] Marine Corps UFR—KC–130J initial spares [7,000] Marine Corps UFR—KC–130J weapons system trainer initial spares [3,100] AIRCRAFT SUPPORT EQUIP & FACILITIES 073 COMMON GROUND EQUIPMENT 517,267 517,267 074 AIRCRAFT INDUSTRIAL FACILITIES 80,500 80,500 075 WAR CONSUMABLES 42,496 42,496 076 OTHER PRODUCTION CHARGES 21,374 21,374 077 SPECIAL SUPPORT EQUIPMENT 271,774 271,774 TOTAL AIRCRAFT PROCUREMENT, NAVY 16,477,178 19,804,184 WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 001 TRIDENT II MODS 1,144,446 1,144,446 SUPPORT EQUIPMENT & FACILITIES 002 MISSILE INDUSTRIAL FACILITIES 7,319 7,319 STRATEGIC MISSILES 003 TOMAHAWK 124,513 138,140 MK14 canisters previously funded [–3,743] Program increase—ten additional tomahawks [17,370] TACTICAL MISSILES 005 SIDEWINDER 86,366 82,788 Unit cost adjustment—AUR Block II [–2,624] Unit cost adjustment—CATM Block II [–954] 006 STANDARD MISSILE 521,814 521,814 007 STANDARD MISSILE 45,357 45,357 008 JASSM 37,039 37,039 009 SMALL DIAMETER BOMB II 40,877 40,877 010 RAM 92,981 73,015 Contract award delay [–19,966] 011 JOINT AIR GROUND MISSILE (JAGM) 49,702 49,702 012 HELLFIRE 7,557 7,557 013 AERIAL TARGETS 150,339 150,339 014 DRONES AND DECOYS 30,321 30,321 015 OTHER MISSILE SUPPORT 3,474 3,474 016 LRASM 161,212 161,212 017 NAVAL STRIKE MISSILE (NSM) 59,331 52,377 Program decrease [–6,954] MODIFICATION OF MISSILES 018 TOMAHAWK MODS 206,233 206,233 019 ESSM 248,619 161,519 ESSM block 2 contract award delays [–87,100] 021 AARGM 116,345 116,345 022 STANDARD MISSILES MODS 148,834 148,834 SUPPORT EQUIPMENT & FACILITIES 023 WEAPONS INDUSTRIAL FACILITIES 1,819 1,819 ORDNANCE SUPPORT EQUIPMENT 026 ORDNANCE SUPPORT EQUIPMENT 191,905 191,905 TORPEDOES AND RELATED EQUIP 027 SSTD 4,545 4,545 028 MK–48 TORPEDO 159,107 172,477 Contract award delay [–34,000] Navy UFR—Heavyweight Torpedo (HWT) quantity increase [50,000] Program decrease [–2,630] 029 ASW TARGETS 13,630 13,630 MOD OF TORPEDOES AND RELATED EQUIP 030 MK–54 TORPEDO MODS 106,112 106,112 031 MK–48 TORPEDO ADCAP MODS 35,680 35,680 032 MARITIME MINES 8,567 8,567 SUPPORT EQUIPMENT 033 TORPEDO SUPPORT EQUIPMENT 93,400 93,400 034 ASW RANGE SUPPORT 3,997 3,997 DESTINATION TRANSPORTATION 035 FIRST DESTINATION TRANSPORTATION 4,023 4,023 GUNS AND GUN MOUNTS 036 SMALL ARMS AND WEAPONS 14,909 14,909 MODIFICATION OF GUNS AND GUN MOUNTS 037 CIWS MODS 6,274 6,274 038 COAST GUARD WEAPONS 45,958 45,958 039 GUN MOUNT MODS 68,775 68,775 040 LCS MODULE WEAPONS 2,121 2,121 041 AIRBORNE MINE NEUTRALIZATION SYSTEMS 14,822 14,822 SPARES AND REPAIR PARTS 043 SPARES AND REPAIR PARTS 162,382 166,682 Navy UFR—Maritime outfitting and interim spares [4,300] TOTAL WEAPONS PROCUREMENT, NAVY 4,220,705 4,134,404 PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 001 GENERAL PURPOSE BOMBS 48,635 43,424 Excess to need—BLU–137 [–5,211] 002 JDAM 74,140 48,526 Contract award delay [–25,614] 003 AIRBORNE ROCKETS, ALL TYPES 75,383 75,383 004 MACHINE GUN AMMUNITION 11,215 11,215 005 PRACTICE BOMBS 52,225 52,225 006 CARTRIDGES & CART ACTUATED DEVICES 70,876 70,492 MK122 parachute deploy rocket unit cost overestimation [–384] 007 AIR EXPENDABLE COUNTERMEASURES 61,600 57,069 IR decoys previously funded [–4,531] 008 JATOS 6,620 6,620 009 5 INCH/54 GUN AMMUNITION 28,922 27,923 Unit cost growth—5"/54 prop charge, full DA65 [–999] 010 INTERMEDIATE CALIBER GUN AMMUNITION 36,038 31,537 ALaMO contract award delay [–4,501] 011 OTHER SHIP GUN AMMUNITION 39,070 39,070 012 SMALL ARMS & LANDING PARTY AMMO 45,493 44,195 NSW SMCA previously funded [–1,298] 013 PYROTECHNIC AND DEMOLITION 9,163 9,163 015 AMMUNITION LESS THAN $5 MILLION 1,575 1,575 MARINE CORPS AMMUNITION 016 MORTARS 50,707 50,707 017 DIRECT SUPPORT MUNITIONS 120,037 118,157 Excess to need—20mm Carl Gustaf trainer system [–1,880] 018 INFANTRY WEAPONS AMMUNITION 94,001 63,259 Excess to need—BA54 & BA55 termination [–30,742] 019 COMBAT SUPPORT MUNITIONS 35,247 35,247 020 AMMO MODERNIZATION 16,267 16,267 021 ARTILLERY MUNITIONS 105,669 95,169 Contract delay [–10,500] 022 ITEMS LESS THAN $5 MILLION 5,135 5,135 TOTAL PROCUREMENT OF AMMO, NAVY & MC 988,018 902,358 SHIPBUILDING AND CONVERSION, NAVY FLEET BALLISTIC MISSILE SHIPS 001 OHIO REPLACEMENT SUBMARINE 3,003,000 3,003,000 002 OHIO REPLACEMENT SUBMARINE AP 1,643,980 1,773,980 Program increase—submarine supplier development [130,000] OTHER WARSHIPS 003 CARRIER REPLACEMENT PROGRAM 1,068,705 1,062,205 Program decrease [–6,500] 004 CVN–81 1,299,764 1,287,719 Program decrease [–12,045] 005 VIRGINIA CLASS SUBMARINE 4,249,240 4,449,240 Industrial base expansion [200,000] 006 VIRGINIA CLASS SUBMARINE AP 2,120,407 2,105,407 Program adjustment [–15,000] 007 CVN REFUELING OVERHAULS 2,456,018 2,436,018 Excess growth [–20,000] 008 CVN REFUELING OVERHAULS 66,262 66,262 009 DDG 1000 56,597 56,597 010 DDG–51 2,016,787 4,929,073 Change order excessive cost growth [–11,651] Electronics excessive cost growth [–35,500] Plans cost excessive cost growth [–47,000] Program decrease [–20,463] Termination liability not required [–33,000] Two additional ships [3,059,900] 011 DDG–51 AP 120,000 Program increase—Advance procurement for DDG–51 [120,000] 013 FFG-FRIGATE 1,087,900 1,087,900 014 FFG-FRIGATE 69,100 69,100 AMPHIBIOUS SHIPS 015 LPD FLIGHT II 60,636 60,636 016 LPD FLIGHT II AP 250,000 Program increase [250,000] 019 LHA REPLACEMENT 68,637 168,637 Program increase [100,000] 020 EXPEDITIONARY FAST TRANSPORT (EPF) 540,000 Two additional ships [540,000] AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 021 TAO FLEET OILER 668,184 1,336,384 One additional ship [668,200] 022 TAO FLEET OILER AP 76,012 0 Unjustified request [–76,012] 023 TAGOS SURTASS SHIPS 434,384 434,384 024 TOWING, SALVAGE, AND RESCUE SHIP (ATS) 183,800 183,800 025 LCU 1700 67,928 67,928 026 OUTFITTING 655,707 622,926 Outfitting early to need [–32,781] 027 SHIP TO SHORE CONNECTOR 156,738 286,738 Ship to shore connector [130,000] 028 SERVICE CRAFT 67,866 67,866 029 LCAC SLEP 32,712 32,712 030 AUXILIARY VESSELS (USED SEALIFT) 299,900 120,000 Program reduction [–179,900] 031 COMPLETION OF PY SHIPBUILDING PROGRAMS 660,795 660,795 TOTAL SHIPBUILDING AND CONVERSION, NAVY 22,571,059 27,279,307 OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 001 SURFACE POWER EQUIPMENT 41,414 41,414 GENERATORS 002 SURFACE COMBATANT HM&E 83,746 83,746 NAVIGATION EQUIPMENT 003 OTHER NAVIGATION EQUIPMENT 72,300 72,300 OTHER SHIPBOARD EQUIPMENT 004 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG 234,932 234,932 005 DDG MOD 583,136 583,136 006 FIREFIGHTING EQUIPMENT 15,040 15,040 007 COMMAND AND CONTROL SWITCHBOARD 2,194 2,194 008 LHA/LHD MIDLIFE 133,627 120,854 Program decrease [–12,773] 009 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM 4,387 4,387 010 POLLUTION CONTROL EQUIPMENT 18,159 18,159 011 SUBMARINE SUPPORT EQUIPMENT 88,284 98,284 Spare Seawolf-class bow dome [10,000] 012 VIRGINIA CLASS SUPPORT EQUIPMENT 22,669 22,669 013 LCS CLASS SUPPORT EQUIPMENT 9,640 9,640 014 SUBMARINE BATTERIES 21,834 21,834 015 LPD CLASS SUPPORT EQUIPMENT 34,292 29,478 Program decrease [–4,814] 016 DDG 1000 CLASS SUPPORT EQUIPMENT 126,107 111,761 Program decrease [–14,346] 017 STRATEGIC PLATFORM SUPPORT EQUIP 12,256 12,256 018 DSSP EQUIPMENT 10,682 10,682 019 CG MODERNIZATION 156,951 156,951 020 LCAC 21,314 21,314 021 UNDERWATER EOD EQUIPMENT 24,146 24,146 022 ITEMS LESS THAN $5 MILLION 84,789 84,789 023 CHEMICAL WARFARE DETECTORS 2,997 2,997 REACTOR PLANT EQUIPMENT 025 SHIP MAINTENANCE, REPAIR AND MODERNIZATION 1,307,651 1,475,051 Navy UFR—A–120 availability [167,400] 026 REACTOR POWER UNITS 3,270 3,270 027 REACTOR COMPONENTS 438,729 438,729 OCEAN ENGINEERING 028 DIVING AND SALVAGE EQUIPMENT 10,772 10,772 SMALL BOATS 029 STANDARD BOATS 58,770 58,770 PRODUCTION FACILITIES EQUIPMENT 030 OPERATING FORCES IPE 168,822 150,822 Program decrease [–18,000] OTHER SHIP SUPPORT 031 LCS COMMON MISSION MODULES EQUIPMENT 74,231 74,231 032 LCS MCM MISSION MODULES 40,630 30,119 Program decrease [–10,511] 033 LCS ASW MISSION MODULES 1,565 1,565 034 LCS SUW MISSION MODULES 3,395 3,395 035 LCS IN-SERVICE MODERNIZATION 122,591 122,591 036 SMALL & MEDIUM UUV 32,534 32,534 SHIP SONARS 038 SPQ–9B RADAR 15,927 15,927 039 AN/SQQ–89 SURF ASW COMBAT SYSTEM 131,829 126,871 Program decrease [–4,958] 040 SSN ACOUSTIC EQUIPMENT 379,850 360,898 Virginia class technical insertion kits previously funded [–18,952] 041 UNDERSEA WARFARE SUPPORT EQUIPMENT 13,965 13,965 ASW ELECTRONIC EQUIPMENT 042 SUBMARINE ACOUSTIC WARFARE SYSTEM 24,578 24,578 043 SSTD 11,010 11,010 044 FIXED SURVEILLANCE SYSTEM 363,651 363,651 045 SURTASS 67,500 67,500 ELECTRONIC WARFARE EQUIPMENT 046 AN/SLQ–32 370,559 370,559 RECONNAISSANCE EQUIPMENT 047 SHIPBOARD IW EXPLOIT 261,735 261,735 048 AUTOMATED IDENTIFICATION SYSTEM (AIS) 3,777 3,777 OTHER SHIP ELECTRONIC EQUIPMENT 049 COOPERATIVE ENGAGEMENT CAPABILITY 24,641 46,924 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [8,983] Navy UFR—Maritime outfitting and interim spares [13,300] 050 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 14,439 14,439 051 ATDLS 101,595 101,595 052 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 3,535 3,535 053 MINESWEEPING SYSTEM REPLACEMENT 15,640 15,640 054 SHALLOW WATER MCM 5,610 5,610 055 NAVSTAR GPS RECEIVERS (SPACE) 33,097 33,097 056 AMERICAN FORCES RADIO AND TV SERVICE 2,513 2,513 057 STRATEGIC PLATFORM SUPPORT EQUIP 4,823 4,823 AVIATION ELECTRONIC EQUIPMENT 058 ASHORE ATC EQUIPMENT 83,464 83,464 059 AFLOAT ATC EQUIPMENT 67,055 67,055 060 ID SYSTEMS 46,918 46,918 061 JOINT PRECISION APPROACH AND LANDING SYSTEM ( 35,386 35,386 062 NAVAL MISSION PLANNING SYSTEMS 17,951 17,951 OTHER SHORE ELECTRONIC EQUIPMENT 063 MARITIME INTEGRATED BROADCAST SYSTEM 2,360 2,360 064 TACTICAL/MOBILE C4I SYSTEMS 18,919 18,919 065 DCGS-N 16,691 16,691 066 CANES 412,002 441,002 Navy UFR—Resilient Communications PNT for Combat Logistics Fleet (CLF) [29,000] 067 RADIAC 9,074 9,074 068 CANES-INTELL 51,593 51,593 069 GPETE 23,930 23,930 070 MASF 8,795 8,795 071 INTEG COMBAT SYSTEM TEST FACILITY 5,829 5,829 072 EMI CONTROL INSTRUMENTATION 3,925 3,925 073 ITEMS LESS THAN $5 MILLION 156,042 156,042 SHIPBOARD COMMUNICATIONS 074 SHIPBOARD TACTICAL COMMUNICATIONS 43,212 43,212 075 SHIP COMMUNICATIONS AUTOMATION 90,724 90,724 076 COMMUNICATIONS ITEMS UNDER $5M 44,447 44,447 SUBMARINE COMMUNICATIONS 077 SUBMARINE BROADCAST SUPPORT 47,579 47,579 078 SUBMARINE COMMUNICATION EQUIPMENT 64,642 64,642 SATELLITE COMMUNICATIONS 079 SATELLITE COMMUNICATIONS SYSTEMS 38,636 38,636 080 NAVY MULTIBAND TERMINAL (NMT) 34,723 34,723 SHORE COMMUNICATIONS 081 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 2,651 2,651 CRYPTOGRAPHIC EQUIPMENT 082 INFO SYSTEMS SECURITY PROGRAM (ISSP) 146,879 146,879 083 MIO INTEL EXPLOITATION TEAM 977 977 CRYPTOLOGIC EQUIPMENT 084 CRYPTOLOGIC COMMUNICATIONS EQUIP 17,809 17,809 OTHER ELECTRONIC SUPPORT 092 COAST GUARD EQUIPMENT 63,214 63,214 SONOBUOYS 094 SONOBUOYS—ALL TYPES 249,121 303,521 Navy UFR—Additional sonobuoys [54,400] AIRCRAFT SUPPORT EQUIPMENT 095 MINOTAUR 4,963 4,963 096 WEAPONS RANGE SUPPORT EQUIPMENT 98,898 98,898 097 AIRCRAFT SUPPORT EQUIPMENT 178,647 178,647 098 ADVANCED ARRESTING GEAR (AAG) 22,265 22,265 099 METEOROLOGICAL EQUIPMENT 13,687 13,687 100 LEGACY AIRBORNE MCM 4,446 4,446 101 LAMPS EQUIPMENT 1,470 1,470 102 AVIATION SUPPORT EQUIPMENT 70,665 70,665 103 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL 86,584 86,584 SHIP GUN SYSTEM EQUIPMENT 104 SHIP GUN SYSTEMS EQUIPMENT 5,536 5,536 SHIP MISSILE SYSTEMS EQUIPMENT 105 HARPOON SUPPORT EQUIPMENT 204 204 106 SHIP MISSILE SUPPORT EQUIPMENT 237,987 237,987 107 TOMAHAWK SUPPORT EQUIPMENT 88,726 88,726 FBM SUPPORT EQUIPMENT 108 STRATEGIC MISSILE SYSTEMS EQUIP 281,259 281,259 ASW SUPPORT EQUIPMENT 109 SSN COMBAT CONTROL SYSTEMS 143,289 143,289 110 ASW SUPPORT EQUIPMENT 30,595 30,595 OTHER ORDNANCE SUPPORT EQUIPMENT 111 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 1,721 1,721 112 ITEMS LESS THAN $5 MILLION 8,746 8,746 OTHER EXPENDABLE ORDNANCE 113 ANTI-SHIP MISSILE DECOY SYSTEM 76,994 76,994 114 SUBMARINE TRAINING DEVICE MODS 75,813 75,813 115 SURFACE TRAINING EQUIPMENT 127,814 127,814 CIVIL ENGINEERING SUPPORT EQUIPMENT 116 PASSENGER CARRYING VEHICLES 4,140 4,140 117 GENERAL PURPOSE TRUCKS 2,805 2,805 118 CONSTRUCTION & MAINTENANCE EQUIP 48,403 46,403 Excess carryover [–2,000] 119 FIRE FIGHTING EQUIPMENT 15,084 15,084 120 TACTICAL VEHICLES 27,400 27,400 121 POLLUTION CONTROL EQUIPMENT 2,607 2,607 122 ITEMS LESS THAN $5 MILLION 51,963 51,963 123 PHYSICAL SECURITY VEHICLES 1,165 1,165 SUPPLY SUPPORT EQUIPMENT 124 SUPPLY EQUIPMENT 24,698 24,698 125 FIRST DESTINATION TRANSPORTATION 5,385 5,385 126 SPECIAL PURPOSE SUPPLY SYSTEMS 660,750 660,750 TRAINING DEVICES 127 TRAINING SUPPORT EQUIPMENT 3,465 3,465 128 TRAINING AND EDUCATION EQUIPMENT 60,114 60,114 COMMAND SUPPORT EQUIPMENT 129 COMMAND SUPPORT EQUIPMENT 31,007 31,007 130 MEDICAL SUPPORT EQUIPMENT 7,346 14,346 Navy UFR—Expeditionary medical readiness [7,000] 132 NAVAL MIP SUPPORT EQUIPMENT 2,887 2,887 133 OPERATING FORCES SUPPORT EQUIPMENT 12,815 12,815 134 C4ISR EQUIPMENT 6,324 6,324 135 ENVIRONMENTAL SUPPORT EQUIPMENT 25,098 25,098 136 PHYSICAL SECURITY EQUIPMENT 110,647 107,471 Program decrease [–3,176] 137 ENTERPRISE INFORMATION TECHNOLOGY 31,709 31,709 OTHER 141 NEXT GENERATION ENTERPRISE SERVICE 41 41 142 CYBERSPACE ACTIVITIES 12,859 12,859 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 19,808 19,808 SPARES AND REPAIR PARTS 143 SPARES AND REPAIR PARTS 424,405 517,105 Navy UFR—Maritime outfitting and interim spares [92,700] TOTAL OTHER PROCUREMENT, NAVY 10,875,912 11,169,165 PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 001 AAV7A1 PIP 36,836 36,836 002 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES 532,355 532,355 003 LAV PIP 23,476 23,476 ARTILLERY AND OTHER WEAPONS 004 155MM LIGHTWEIGHT TOWED HOWITZER 32 32 005 ARTILLERY WEAPONS SYSTEM 67,548 221,347 Marine Corps UFR—Ground-launched anti-ship missiles [57,799] Marine Corps UFR—Ground-launched long range fires [96,000] 006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 35,402 35,402 GUIDED MISSILES 008 GROUND BASED AIR DEFENSE 9,349 9,349 009 ANTI-ARMOR MISSILE-JAVELIN 937 937 010 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) 20,481 20,481 011 ANTI-ARMOR MISSILE-TOW 14,359 12,359 Unit cost growth [–2,000] 012 GUIDED MLRS ROCKET (GMLRS) 98,299 98,299 COMMAND AND CONTROL SYSTEMS 013 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 18,247 18,247 REPAIR AND TEST EQUIPMENT 014 REPAIR AND TEST EQUIPMENT 33,554 33,554 OTHER SUPPORT (TEL) 015 MODIFICATION KITS 167 167 COMMAND AND CONTROL SYSTEM (NON-TEL) 016 ITEMS UNDER $5 MILLION (COMM & ELEC) 64,879 130,779 Marine Corps UFR—Fly-Away Broadcast System [9,000] Marine Corps UFR—INOD Block III long-range sight [16,900] Marine Corps UFR—Squad binocular night vision goggle [40,000] 017 AIR OPERATIONS C2 SYSTEMS 1,291 1,291 RADAR + EQUIPMENT (NON-TEL) 019 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 297,369 645,369 Marine Corps UFR—Additional G/ATOR units [304,000] Marine Corps UFR—Additional radar retrofit kits and FRP systems [44,000] INTELL/COMM EQUIPMENT (NON-TEL) 020 GCSS-MC 604 604 021 FIRE SUPPORT SYSTEM 39,810 39,810 022 INTELLIGENCE SUPPORT EQUIPMENT 67,309 72,860 Marine Corps UFR—SCINet equipment [5,551] 024 UNMANNED AIR SYSTEMS (INTEL) 24,299 24,299 025 DCGS-MC 28,633 28,633 026 UAS PAYLOADS 3,730 3,730 OTHER SUPPORT (NON-TEL) 029 NEXT GENERATION ENTERPRISE NETWORK (NGEN) 97,060 97,060 030 COMMON COMPUTER RESOURCES 83,606 79,606 Training and education headquarters support unjustified request [–2,000] Wargaming hardware early to need [–2,000] 031 COMMAND POST SYSTEMS 53,708 39,708 NOTM refresh early to need [–14,000] 032 RADIO SYSTEMS 468,678 444,678 TCM ground radios sparing previously funded [–10,000] Unjustified request [–14,000] 033 COMM SWITCHING & CONTROL SYSTEMS 49,600 43,600 Excess growth [–6,000] 034 COMM & ELEC INFRASTRUCTURE SUPPORT 110,835 116,635 Excess growth [–10,000] Marine Corps UFR—Base telecommunications equipment upgrades [15,800] 035 CYBERSPACE ACTIVITIES 25,377 46,577 Marine Corps UFR—Defensive Cyber Ops-Internal Defensive Measures suites [21,200] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 4,034 4,034 ADMINISTRATIVE VEHICLES 038 COMMERCIAL CARGO VEHICLES 17,848 17,848 TACTICAL VEHICLES 039 MOTOR TRANSPORT MODIFICATIONS 23,363 21,924 Excess growth [–1,439] 040 JOINT LIGHT TACTICAL VEHICLE 322,013 322,013 042 TRAILERS 9,876 9,876 ENGINEER AND OTHER EQUIPMENT 044 TACTICAL FUEL SYSTEMS 2,161 2,161 045 POWER EQUIPMENT ASSORTED 26,625 18,955 Intelligent power distribution previously funded [–7,670] 046 AMPHIBIOUS SUPPORT EQUIPMENT 17,119 15,909 Excess carryover [–1,210] 047 EOD SYSTEMS 94,472 107,672 Marine Corps UFR—BCWD/UnSAT/Explosive Hazard Defeat Systems [7,800] Marine Corps UFR—ENFIRE/Explosive Hazard Defeat Systems [5,400] MATERIALS HANDLING EQUIPMENT 048 PHYSICAL SECURITY EQUIPMENT 84,513 84,513 GENERAL PROPERTY 049 FIELD MEDICAL EQUIPMENT 8,105 8,105 050 TRAINING DEVICES 37,814 35,211 CACCTUS lap equipment previously funded [–2,603] 051 FAMILY OF CONSTRUCTION EQUIPMENT 34,658 50,458 Marine Corps UFR—All-terrain crane [10,800] Marine Corps UFR—Rough terrain container handler [5,000] 052 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) 15,439 15,439 OTHER SUPPORT 053 ITEMS LESS THAN $5 MILLION 4,402 15,002 Marine Corps UFR—Lightweight water purification system [10,600] SPARES AND REPAIR PARTS 054 SPARES AND REPAIR PARTS 32,819 32,819 TOTAL PROCUREMENT, MARINE CORPS 3,043,091 3,620,019 AIRCRAFT PROCUREMENT, AIR FORCE STRATEGIC OFFENSIVE 001 B–21 RAIDER 108,027 108,027 TACTICAL FORCES 002 F–35 4,167,604 4,392,604 Air Force UFR—F–35 power modules [175,000] USG depot acceleration [50,000] 003 F–35 352,632 352,632 005 F–15EX 1,186,903 1,762,903 Air Force UFR—Additional aircraft, spares, support equipment [576,000] 006 F–15EX 147,919 147,919 TACTICAL AIRLIFT 007 KC–46A MDAP 2,380,315 2,315,315 Excess growth [–65,000] OTHER AIRLIFT 008 C–130J 128,896 128,896 009 MC–130J 220,049 220,049 UPT TRAINERS 011 ADVANCED TRAINER REPLACEMENT T-X 10,397 0 Procurement funds ahead of need [–10,397] HELICOPTERS 012 MH–139A 75,000 Program increase [75,000] 013 COMBAT RESCUE HELICOPTER 792,221 792,221 MISSION SUPPORT AIRCRAFT 016 CIVIL AIR PATROL A/C 2,813 11,400 Program increase [8,587] OTHER AIRCRAFT 017 TARGET DRONES 116,169 116,169 019 E–11 BACN/HAG 124,435 124,435 021 MQ–9 3,288 78,567 Program increase—four aircraft [75,279] STRATEGIC AIRCRAFT 023 B–2A 29,944 29,944 024 B–1B 30,518 27,406 Radio crypto mod ahead of need [–3,112] 025 B–52 82,820 82,820 026 COMBAT RESCUE HELICOPTER 61,191 45,891 Early to need—contract delay [–15,300] 027 LARGE AIRCRAFT INFRARED COUNTERMEASURES 57,001 57,001 TACTICAL AIRCRAFT 028 A–10 83,621 83,621 029 E–11 BACN/HAG 68,955 68,955 030 F–15 234,340 232,457 F–15E MIDS-JTRS installs excess to need [–1,883] 031 F–16 613,166 733,166 F–16 AESAs [100,000] Program increase—HUD upgrade [20,000] 032 F–22A 424,722 384,722 Program decrease [–40,000] 033 F–35 MODIFICATIONS 304,135 1,388,935 F–35 upgrades to Block 4 [1,100,000] TR–3/B4 delay [–15,200] 034 F–15 EPAW 149,797 149,797 036 KC–46A MDAP 1,984 1,984 AIRLIFT AIRCRAFT 037 C–5 25,431 25,431 038 C–17A 59,570 59,570 040 C–32A 1,949 1,949 041 C–37A 5,984 5,984 TRAINER AIRCRAFT 042 GLIDER MODS 142 142 043 T–6 8,735 8,735 044 T–1 3,872 872 Excess to need [–3,000] 045 T–38 49,851 49,851 OTHER AIRCRAFT 046 U–2 MODS 126,809 126,809 047 KC–10A (ATCA) 1,902 1,902 049 VC–25A MOD 96 96 050 C–40 262 262 051 C–130 29,071 169,771 Program increase—eight blade propeller upgrade [75,700] Program increase—engine enhancement program [50,000] Program increase—modular airborne firefighting system [15,000] 052 C–130J MODS 110,784 110,784 053 C–135 61,376 61,376 054 COMPASS CALL 195,098 270,098 Air Force UFR—Additional spare engines [75,000] 056 RC–135 207,596 207,596 057 E–3 109,855 109,855 058 E–4 19,081 19,081 059 E–8 16,312 43,312 Program increase—CDL [27,000] 060 AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 30,327 26,627 Block 40/45 carryover [–3,700] 062 H–1 1,533 1,533 063 H–60 13,709 32,709 OLR mod early to need [–1,000] Restore degraded visual environment [20,000] 064 RQ–4 MODS 3,205 3,205 065 HC/MC–130 MODIFICATIONS 150,263 148,815 Communications modernization phase 1 NRE ahead of need [–1,448] 066 OTHER AIRCRAFT 54,828 54,828 067 MQ–9 MODS 144,287 144,287 068 MQ–9 UAS PAYLOADS 40,800 40,800 069 SENIOR LEADER C3, SYSTEM—AIRCRAFT 23,554 23,554 070 CV–22 MODS 158,162 240,562 SOCOM UFR—CV–22 reliability acceleration [82,400] AIRCRAFT SPARES AND REPAIR PARTS 071 INITIAL SPARES/REPAIR PARTS 915,710 915,710 COMMON SUPPORT EQUIPMENT 072 AIRCRAFT REPLACEMENT SUPPORT EQUIP 138,761 138,761 POST PRODUCTION SUPPORT 073 B–2A 1,651 1,651 074 B–2B 38,811 38,811 075 B–52 5,602 5,602 078 F–15 2,324 2,324 079 F–16 10,456 10,456 081 RQ–4 POST PRODUCTION CHARGES 24,592 24,592 INDUSTRIAL PREPAREDNESS 082 INDUSTRIAL RESPONSIVENESS 18,110 18,110 WAR CONSUMABLES 083 WAR CONSUMABLES 35,866 35,866 OTHER PRODUCTION CHARGES 084 OTHER PRODUCTION CHARGES 979,388 1,019,388 Classified modifications—program increase [40,000] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 18,092 18,092 TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 15,727,669 18,132,595 MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 001 MISSILE REPLACEMENT EQ-BALLISTIC 57,793 57,793 BALLISTIC MISSILES 002 GROUND BASED STRATEGIC DETERRENT 8,895 8,895 TACTICAL 003 REPLAC EQUIP & WAR CONSUMABLES 7,681 7,681 004 AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON 160,850 116,850 Procurement early to need [–44,000] 006 JOINT AIR-SURFACE STANDOFF MISSILE 710,550 660,550 Program decrease [–50,000] 008 SIDEWINDER (AIM–9X) 107,587 107,587 009 AMRAAM 214,002 214,002 010 PREDATOR HELLFIRE MISSILE 103,684 103,684 011 SMALL DIAMETER BOMB 82,819 82,819 012 SMALL DIAMETER BOMB II 294,649 294,649 INDUSTRIAL FACILITIES 013 INDUSTR'L PREPAREDNS/POL PREVENTION 757 757 CLASS IV 015 ICBM FUZE MOD 53,013 65,263 Realignment of funds [12,250] 016 ICBM FUZE MOD AP 47,757 35,507 Realignment of funds [–12,250] 017 MM III MODIFICATIONS 88,579 88,579 019 AIR LAUNCH CRUISE MISSILE (ALCM) 46,799 46,799 MISSILE SPARES AND REPAIR PARTS 020 MSL SPRS/REPAIR PARTS (INITIAL) 16,212 16,212 021 MSL SPRS/REPAIR PARTS (REPLEN) 63,547 63,547 022 INITIAL SPARES/REPAIR PARTS 4,045 4,045 SPECIAL PROGRAMS 027 SPECIAL UPDATE PROGRAMS 30,352 30,352 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 570,240 570,240 TOTAL MISSILE PROCUREMENT, AIR FORCE 2,669,811 2,575,811 PROCUREMENT, SPACE FORCE SPACE PROCUREMENT, SF 002 AF SATELLITE COMM SYSTEM 43,655 39,655 Unjustified cost growth [–4,000] 003 COUNTERSPACE SYSTEMS 64,804 64,804 004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 39,444 39,444 005 GENERAL INFORMATION TECH—SPACE 3,316 5,116 Space Force UFR—Modernize space aggressor equipment [1,800] 006 GPSIII FOLLOW ON 601,418 601,418 007 GPS III SPACE SEGMENT 84,452 84,452 008 GLOBAL POSTIONING (SPACE) 2,274 2,274 009 HERITAGE TRANSITION 13,529 13,529 010 SPACEBORNE EQUIP (COMSEC) 26,245 48,945 Space Force UFR—Space-rated crypto devices to support launch [22,700] 011 MILSATCOM 24,333 24,333 012 SBIR HIGH (SPACE) 154,526 154,526 013 SPECIAL SPACE ACTIVITIES 142,188 142,188 014 MOBILE USER OBJECTIVE SYSTEM 45,371 45,371 015 NATIONAL SECURITY SPACE LAUNCH 1,337,347 1,337,347 016 NUDET DETECTION SYSTEM 6,690 6,690 017 PTES HUB 7,406 7,406 018 ROCKET SYSTEMS LAUNCH PROGRAM 10,429 10,429 020 SPACE MODS 64,371 64,371 021 SPACELIFT RANGE SYSTEM SPACE 93,774 93,774 SPARES 022 SPARES AND REPAIR PARTS 1,282 1,282 TOTAL PROCUREMENT, SPACE FORCE 2,766,854 2,787,354 PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 001 ROCKETS 36,597 36,597 CARTRIDGES 002 CARTRIDGES 169,163 164,163 Excess to need [–5,000] BOMBS 003 PRACTICE BOMBS 48,745 48,745 004 GENERAL PURPOSE BOMBS 176,565 176,565 005 MASSIVE ORDNANCE PENETRATOR (MOP) 15,500 15,500 006 JOINT DIRECT ATTACK MUNITION 124,102 48,584 Program carryover [–75,518] 007 B–61 2,709 2,709 OTHER ITEMS 008 CAD/PAD 47,210 47,210 009 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,151 6,151 010 SPARES AND REPAIR PARTS 535 535 011 MODIFICATIONS 292 292 012 ITEMS LESS THAN $5,000,000 9,164 9,164 FLARES 013 FLARES 95,297 95,297 FUZES 014 FUZES 50,795 50,795 SMALL ARMS 015 SMALL ARMS 12,343 12,343 TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 795,168 714,650 OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 001 PASSENGER CARRYING VEHICLES 8,448 8,448 CARGO AND UTILITY VEHICLES 002 MEDIUM TACTICAL VEHICLE 5,804 5,804 003 CAP VEHICLES 1,066 1,800 Program increase—Civil Air Patrol [734] 004 CARGO AND UTILITY VEHICLES 57,459 57,459 SPECIAL PURPOSE VEHICLES 005 JOINT LIGHT TACTICAL VEHICLE 97,326 92,326 Excess carryover [–5,000] 006 SECURITY AND TACTICAL VEHICLES 488 488 007 SPECIAL PURPOSE VEHICLES 75,694 77,694 CNGB UFR—Temperature control trailers [2,000] FIRE FIGHTING EQUIPMENT 008 FIRE FIGHTING/CRASH RESCUE VEHICLES 12,525 12,525 MATERIALS HANDLING EQUIPMENT 009 MATERIALS HANDLING VEHICLES 34,933 34,933 BASE MAINTENANCE SUPPORT 010 RUNWAY SNOW REMOV AND CLEANING EQU 9,134 9,134 011 BASE MAINTENANCE SUPPORT VEHICLES 111,820 103,728 Program decrease [–8,092] COMM SECURITY EQUIPMENT(COMSEC) 013 COMSEC EQUIPMENT 66,022 66,022 014 STRATEGIC MICROELECTRONIC SUPPLY SYSTEM 885,051 885,051 INTELLIGENCE PROGRAMS 015 INTERNATIONAL INTEL TECH & ARCHITECTURES 5,809 5,809 016 INTELLIGENCE TRAINING EQUIPMENT 5,719 5,719 017 INTELLIGENCE COMM EQUIPMENT 25,844 25,844 ELECTRONICS PROGRAMS 018 AIR TRAFFIC CONTROL & LANDING SYS 44,516 44,516 019 BATTLE CONTROL SYSTEM—FIXED 2,940 2,940 020 THEATER AIR CONTROL SYS IMPROVEMEN 43,442 47,842 EUCOM UFR—Air base air defens ops center [4,400] 021 3D EXPEDITIONARY LONG-RANGE RADAR 96,186 248,186 Air Force UFR—Build command and control framework [152,000] 022 WEATHER OBSERVATION FORECAST 32,376 32,376 023 STRATEGIC COMMAND AND CONTROL 37,950 37,950 024 CHEYENNE MOUNTAIN COMPLEX 8,258 8,258 025 MISSION PLANNING SYSTEMS 14,717 14,717 SPCL COMM-ELECTRONICS PROJECTS 027 GENERAL INFORMATION TECHNOLOGY 43,917 88,247 EUCOM UFR—Mission Partner Environment [13,800] INDOPACOM UFR—Mission Partner Environment [30,530] 028 AF GLOBAL COMMAND & CONTROL SYS 414 414 030 MOBILITY COMMAND AND CONTROL 10,619 10,619 031 AIR FORCE PHYSICAL SECURITY SYSTEM 101,896 116,797 EUCOM UFR—Counter-UAS for UASFE installations [1,241] EUCOM UFR—Sensors for air base air defense [11,660] Space Force UFR—Maui Optical Site security system [2,000] 032 COMBAT TRAINING RANGES 222,598 222,598 033 COMBAT TRAINING RANGES 14,730 14,730 034 MINIMUM ESSENTIAL EMERGENCY COMM N 77,119 77,119 035 WIDE AREA SURVEILLANCE (WAS) 38,794 38,794 036 C3 COUNTERMEASURES 131,238 131,238 037 INTEGRATED PERSONNEL AND PAY SYSTEM 15,240 15,240 038 GCSS-AF FOS 3,959 3,959 040 MAINTENANCE REPAIR & OVERHAUL INITIATIVE 4,387 4,387 041 THEATER BATTLE MGT C2 SYSTEM 4,052 4,052 042 AIR & SPACE OPERATIONS CENTER (AOC) 2,224 2,224 AIR FORCE COMMUNICATIONS 043 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED 58,499 58,499 044 AFNET 65,354 65,354 045 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 4,377 4,377 046 USCENTCOM 18,101 18,101 047 USSTRATCOM 4,226 4,226 ORGANIZATION AND BASE 048 TACTICAL C-E EQUIPMENT 162,955 157,817 Program decrease [–5,138] 049 RADIO EQUIPMENT 14,232 15,732 Space Force UFR—radio equipment [1,500] 051 BASE COMM INFRASTRUCTURE 200,797 262,797 EUCOM UFR—Modernize IT infrastructure [55,000] Space Force UFR—Lifecycle SIPR/NIP replacement [7,000] MODIFICATIONS 052 COMM ELECT MODS 18,607 18,607 PERSONAL SAFETY & RESCUE EQUIP 053 PERSONAL SAFETY AND RESCUE EQUIPMENT 106,449 106,449 DEPOT PLANT+MTRLS HANDLING EQ 054 POWER CONDITIONING EQUIPMENT 11,274 11,274 055 MECHANIZED MATERIAL HANDLING EQUIP 8,594 8,594 BASE SUPPORT EQUIPMENT 056 BASE PROCURED EQUIPMENT 1 33,251 CNGB UFR—Modular small arms ranges [25,000] EUCOM UFR—Tactical decoy devices [8,250] 057 ENGINEERING AND EOD EQUIPMENT 32,139 32,139 058 MOBILITY EQUIPMENT 63,814 63,814 059 FUELS SUPPORT EQUIPMENT (FSE) 17,928 17,928 060 BASE MAINTENANCE AND SUPPORT EQUIPMENT 48,534 48,534 SPECIAL SUPPORT PROJECTS 062 DARP RC135 27,359 27,359 063 DCGS-AF 261,070 261,070 065 SPECIAL UPDATE PROGRAM 777,652 777,652 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 20,983,908 21,183,908 Program increase [200,000] SPARES AND REPAIR PARTS 066 SPARES AND REPAIR PARTS (CYBER) 978 978 067 SPARES AND REPAIR PARTS 9,575 9,575 TOTAL OTHER PROCUREMENT, AIR FORCE 25,251,137 25,748,022 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, OSD 081 AGILE PROCUREMENT TRANSITION PILOT 100,000 Program increase [100,000] MAJOR EQUIPMENT, SDA 024 MAJOR EQUIPMENT, DPAA 494 494 047 MAJOR EQUIPMENT, OSD 31,420 31,420 048 JOINT CAPABILITY TECH DEMONSTRATION (JCTD) 74,060 74,060 MAJOR EQUIPMENT, NSA 046 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) 315 315 MAJOR EQUIPMENT, DISA 010 INFORMATION SYSTEMS SECURITY 18,923 18,923 011 TELEPORT PROGRAM 34,908 34,908 012 JOINT FORCES HEADQUARTERS—DODIN 1,968 1,968 013 ITEMS LESS THAN $5 MILLION 42,270 42,270 014 DEFENSE INFORMATION SYSTEM NETWORK 18,025 18,025 015 WHITE HOUSE COMMUNICATION AGENCY 44,522 44,522 016 SENIOR LEADERSHIP ENTERPRISE 54,592 54,592 017 JOINT REGIONAL SECURITY STACKS (JRSS) 62,657 62,657 018 JOINT SERVICE PROVIDER 102,039 102,039 019 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) 80,645 80,645 MAJOR EQUIPMENT, DLA 021 MAJOR EQUIPMENT 530,896 510,896 Excess growth [–20,000] MAJOR EQUIPMENT, DCSA 002 MAJOR EQUIPMENT 3,014 3,014 MAJOR EQUIPMENT, TJS 049 MAJOR EQUIPMENT, TJS 7,830 7,830 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 029 THAAD 251,543 361,122 MDA UFR—Additional interceptors [109,579] 031 AEGIS BMD 334,621 334,621 032 AEGIS BMD 17,493 17,493 033 BMDS AN/TPY–2 RADARS 2,738 2,738 034 SM–3 IIAS 295,322 336,822 MDA UFR—Additional AURs [41,500] 035 ARROW 3 UPPER TIER SYSTEMS 62,000 62,000 036 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) 30,000 30,000 037 DEFENSE OF GUAM PROCUREMENT 40,000 80,000 INDOPACOM UFR—Guam Defense System [40,000] 038 AEGIS ASHORE PHASE III 25,866 25,866 039 IRON DOME 108,000 108,000 040 AEGIS BMD HARDWARE AND SOFTWARE 81,791 81,791 MAJOR EQUIPMENT, DHRA 004 PERSONNEL ADMINISTRATION 4,042 4,042 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 026 VEHICLES 118 118 027 OTHER MAJOR EQUIPMENT 12,681 12,681 MAJOR EQUIPMENT, DODEA 023 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 2,963 2,963 MAJOR EQUIPMENT, DMACT 022 MAJOR EQUIPMENT 8,498 8,498 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 635,338 635,338 AVIATION PROGRAMS 052 ARMED OVERWATCH/TARGETING 170,000 166,000 Unit cost growth [–4,000] 053 MANNED ISR 2,500 2,500 054 MC–12 2,250 2,250 055 MH–60 BLACKHAWK 29,900 29,900 056 ROTARY WING UPGRADES AND SUSTAINMENT 202,278 202,278 057 UNMANNED ISR 55,951 55,951 058 NON-STANDARD AVIATION 3,282 3,282 059 U–28 4,176 4,176 060 MH–47 CHINOOK 130,485 130,485 061 CV–22 MODIFICATION 41,762 47,572 SOCOM UFR—CV–22 reliability acceleration [5,810] 062 MQ–9 UNMANNED AERIAL VEHICLE 8,020 8,020 063 PRECISION STRIKE PACKAGE 165,224 165,224 064 AC/MC–130J 205,216 205,216 065 C–130 MODIFICATIONS 13,373 13,373 SHIPBUILDING 066 UNDERWATER SYSTEMS 17,227 23,327 SOCOM UFR—Combat diving advanced equipment acceleration [5,200] SOCOM UFR—Modernized forward look sonar [900] AMMUNITION PROGRAMS 067 ORDNANCE ITEMS <$5M 168,072 168,072 OTHER PROCUREMENT PROGRAMS 068 INTELLIGENCE SYSTEMS 131,889 131,889 069 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,991 5,991 070 OTHER ITEMS <$5M 62,722 62,722 071 COMBATANT CRAFT SYSTEMS 17,080 17,080 072 SPECIAL PROGRAMS 44,351 75,531 SOCOM UFR—Medium fixed wing mobility modifications [31,180] 073 TACTICAL VEHICLES 26,806 26,806 074 WARRIOR SYSTEMS <$5M 284,548 294,548 Radio integration system program upgrade [10,000] 075 COMBAT MISSION REQUIREMENTS 27,513 27,513 077 OPERATIONAL ENHANCEMENTS INTELLIGENCE 20,252 20,252 078 OPERATIONAL ENHANCEMENTS 328,569 389,872 SOCOM UFR—Armored ground mobility systems acceleration [33,303] SOCOM UFR—Fused panoramic night vision goggles acceleration [28,000] CBDP 079 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS 167,918 167,918 080 CB PROTECTION & HAZARD MITIGATION 189,265 183,884 TATPE excess growth [–5,381] TOTAL PROCUREMENT, DEFENSE-WIDE 5,548,212 5,924,303 NATIONAL GUARD AND RESERVE EQUIPMENT UNDISTRIBUTED 001 MISCELLANEOUS EQUIPMENT 950,000 Program increase [950,000] TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT 950,000 TOTAL PROCUREMENT 132,205,078 146,884,599 4201. Research, development, test, and evaluation SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Line Program Element Item FY 2022 Request Conference Authorized RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 001 0601102A DEFENSE RESEARCH SCIENCES 297,241 328,788 Program increase [22,047] Program increase—digital thread for advanced manufacturing [5,000] Program increase—lightweight high entropy metallic alloy discovery [3,000] Program increase—unmanned aerial systems hybrid propulsion [1,500] 002 0601103A UNIVERSITY RESEARCH INITIATIVES 66,981 96,981 Program increase—defense university research instrumentation program [30,000] 003 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 94,003 103,003 Program increase—biotechnology advancements [4,000] SMART and cognitive research for RF/radar [5,000] 004 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,067 5,067 005 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH 10,183 15,183 Program increase—extreme events in structurally evolving materials [5,000] SUBTOTAL BASIC RESEARCH 473,475 549,022 APPLIED RESEARCH 006 0602115A BIOMEDICAL TECHNOLOGY 11,925 11,925 007 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES 1,976 1,976 008 0602141A LETHALITY TECHNOLOGY 64,126 65,126 CPF—research and development of next generation explosives and propellants [1,000] 009 0602142A ARMY APPLIED RESEARCH 28,654 28,654 010 0602143A SOLDIER LETHALITY TECHNOLOGY 105,168 115,168 Program increase—Pathfinder air assault [10,000] 011 0602144A GROUND TECHNOLOGY 56,400 105,400 Additive manufacturing materials [8,000] CPF—Army Research Lab (ARL) Additive Manufacturing/Machine Learning (AM/ML) Initiative [5,000] Military footwear research [2,500] Modeling enabled multifunctional materials development (MEMMD) [6,000] Program increase—advanced manufacturing materials processes initiative [10,000] Program increase—advanced polymers for force protection [8,000] Program increase—ceramic materials for extreme environments [2,500] Program increase—earthen structures soil enhancement [3,000] Program increase—polar proving ground and training program [2,000] Program increase—verified inherent control [2,000] 012 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY 172,166 192,666 CPF—high-efficiency truck users forum (HTUF) [2,500] CPF—structural thermoplastics large-scale low-cost tooling solutions [4,500] Light detection and ranging (LiDAR) technology [2,500] Program increase—prototyping energy smart autonomous ground systems [8,000] Tactical behaviors for autonomous maneuver [3,000] 013 0602146A NETWORK C3I TECHNOLOGY 84,606 120,406 Alternative PNT [8,000] CPF—future nano- and micro-fabrication - Advanced Materials Engineering Research Institute [6,800] CPF—multiple drone, multiple sensor ISR capabilities [5,000] Distributed radio frequency sensor/effector technology for strategic defense [8,000] Intelligent electronic protection technologies [6,000] UAS sensor research [2,000] 014 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 64,285 67,285 Program increase—novel printed armaments components [3,000] 015 0602148A FUTURE VERTICLE LIFT TECHNOLOGY 91,411 91,411 016 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 19,316 72,566 Advancement of critical HEL technologies [10,000] Counter-UAS applied research [5,000] Cyber electromagnetic (CEMA) missile defender [15,000] High energy laser integration [10,000] Program increase—kill chain automation [8,000] Program increase—precision long range integrated strike [5,250] 017 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES 15,034 15,034 018 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH 25,967 25,967 019 0602182A C3I APPLIED RESEARCH 12,406 12,406 020 0602183A AIR PLATFORM APPLIED RESEARCH 6,597 16,597 High density eVTOL power source [10,000] 021 0602184A SOLDIER APPLIED RESEARCH 11,064 11,064 022 0602213A C3I APPLIED CYBER 12,123 12,123 023 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH 20,643 20,643 024 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 18,701 18,701 025 0602787A MEDICAL TECHNOLOGY 91,720 95,720 CPF—human performance optimization (HPO) center [2,000] CPF—suicide prevention with focus on rural, remote, isolated, and OCONUS locations [2,000] SUBTOTAL APPLIED RESEARCH 914,288 1,100,838 ADVANCED TECHNOLOGY DEVELOPMENT 026 0603002A MEDICAL ADVANCED TECHNOLOGY 43,804 43,804 027 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 14,273 14,273 028 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION 22,231 22,231 029 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES 909 909 030 0603041A ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY 17,743 17,743 031 0603042A C3I ADVANCED TECHNOLOGY 3,151 3,151 032 0603043A AIR PLATFORM ADVANCED TECHNOLOGY 754 754 033 0603044A SOLDIER ADVANCED TECHNOLOGY 890 890 034 0603115A MEDICAL DEVELOPMENT 26,521 26,521 035 0603116A LETHALITY ADVANCED TECHNOLOGY 8,066 8,066 036 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT 76,815 76,815 037 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY 107,966 115,966 Program increase [8,000] 038 0603119A GROUND ADVANCED TECHNOLOGY 23,403 68,403 Additive manufacturing capabilities for austere operating environments [14,000] CPF—military operations in a permafrost environment [3,000] Ground advanced technology—3D printed structures [2,000] Polar research and testing [4,000] Program increase—3D printing of infrastructure [5,000] Program increase—cold weather research [2,000] Program increase—entry control points at installations [5,000] Program increase—graphene applications for military engineering [2,000] Program increase—rapid entry and sustainment for the arctic [8,000] 039 0603134A COUNTER IMPROVISED-THREAT SIMULATION 24,747 24,747 040 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH 53,736 53,736 041 0603457A C3I CYBER ADVANCED DEVELOPMENT 31,426 31,426 042 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 189,123 229,123 Program increase [40,000] 043 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY 164,951 179,951 Cyber and connected vehicle integration research [3,500] Program increase—combat vehicle lithium 6T battery development [1,500] Robotics development [5,000] Vehicle cyber security research [5,000] 044 0603463A NETWORK C3I ADVANCED TECHNOLOGY 155,867 161,867 C3I assured position, navigation, and timing technology [4,000] Command post modernization [2,000] 045 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 93,909 113,909 Missile effects planning tool development [10,000] Project AG5 [10,000] 046 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY 179,677 187,677 Program increase—20mm chaingun development for FLARA [8,000] 047 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY 48,826 68,826 Program increase—armored combat vehicle HEL integration [10,000] Program increase—missile MENTOR [10,000] 048 0603920A HUMANITARIAN DEMINING 8,649 8,649 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,297,437 1,459,437 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 049 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION 11,702 25,702 Electro-magnetic denial and protect [6,000] PNT resiliency lab [8,000] 050 0603308A ARMY SPACE SYSTEMS INTEGRATION 18,755 20,755 Program increase—multi-function and multi-mission payload [2,000] 051 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING 5,000 Program increase—machine learning for integrated fires [5,000] 052 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 50,314 48,814 Test and evaluation excess [–1,500] 053 0603639A TANK AND MEDIUM CALIBER AMMUNITION 79,873 77,373 Testing excess [–2,500] 054 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV 170,590 166,590 Excess to need [–4,000] 055 0603747A SOLDIER SUPPORT AND SURVIVABILITY 2,897 2,897 056 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 113,365 113,365 057 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 18,000 21,804 Soldier maneuver sensors adv dev lethality smart system—Army UPL [3,804] 058 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 11,921 11,921 059 0603790A NATO RESEARCH AND DEVELOPMENT 3,777 3,777 060 0603801A AVIATION—ADV DEV 1,125,641 1,134,141 Excess to need [–24,500] Program increase—FLRAA [33,000] 061 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 7,055 7,055 062 0603807A MEDICAL SYSTEMS—ADV DEV 22,071 22,071 063 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 17,459 17,459 064 0604017A ROBOTICS DEVELOPMENT 87,198 75,048 Excess carryover [–7,150] Unjustified growth—other support costs [–5,000] 065 0604019A EXPANDED MISSION AREA MISSILE (EMAM) 50,674 43,674 IFPC-HEL late contract award [–7,000] 067 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY 19,638 19,638 068 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV 50,548 50,548 069 0604037A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV DEV 28,347 28,347 070 0604100A ANALYSIS OF ALTERNATIVES 10,091 10,091 071 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) 926 926 072 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) 69,697 75,697 Army UFR—Acceleration of FTUAS [6,000] 073 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR 327,690 307,567 Long term power and support costs ahead of need [–20,123] 074 0604115A TECHNOLOGY MATURATION INITIATIVES 270,124 180,324 Insufficient justification [–80,000] Program decrease [–9,800] 075 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 39,376 39,376 076 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING 189,483 189,483 077 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) 96,679 96,679 078 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING 194,195 196,795 Prior-year carryover [–2,000] Program increase—multi-sensor terrain data capture and processing [4,600] 079 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 13,379 13,379 080 0604182A HYPERSONICS 300,928 300,928 081 0604403A FUTURE INTERCEPTOR 7,895 7,895 082 0604531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT 19,148 19,148 083 0604541A UNIFIED NETWORK TRANSPORT 35,409 35,409 084 0604644A MOBILE MEDIUM RANGE MISSILE 286,457 286,457 085 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) 2,040 2,040 086 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 52,988 52,988 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 3,806,330 3,711,161 SYSTEM DEVELOPMENT & DEMONSTRATION 089 0604201A AIRCRAFT AVIONICS 6,654 6,654 090 0604270A ELECTRONIC WARFARE DEVELOPMENT 30,840 26,440 Early to need [–4,400] 091 0604601A INFANTRY SUPPORT WEAPONS 67,873 72,873 Program increase—turret gunner survivability and simulation environment [5,000] 092 0604604A MEDIUM TACTICAL VEHICLES 11,374 11,374 093 0604611A JAVELIN 7,094 7,094 094 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 31,602 30,077 Leader/follower test support ahead of need [–1,525] 095 0604633A AIR TRAFFIC CONTROL 4,405 4,405 096 0604642A LIGHT TACTICAL WHEELED VEHICLES 2,055 7,655 Army UFR—Electric light reconnaissance vehicle [5,600] 097 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV 137,256 135,506 Government support excess [–1,750] 098 0604710A NIGHT VISION SYSTEMS—ENG DEV 62,690 112,690 Transfer from Other Procurement, Army line 83 [50,000] 099 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 1,658 1,658 100 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 26,540 26,540 101 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 59,518 59,518 102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 22,331 22,331 103 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 8,807 8,807 104 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 7,453 7,453 107 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 21,534 21,534 108 0604802A WEAPONS AND MUNITIONS—ENG DEV 309,778 306,722 C-DAEM overestimation [–3,056] 109 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 59,261 52,261 Excess carryover [–7,000] 110 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 20,121 20,121 111 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 44,424 44,424 112 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 14,137 9,137 Insufficient justification [–5,000] 113 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 162,704 162,704 114 0604820A RADAR DEVELOPMENT 127,919 127,919 115 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 17,623 17,623 117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 6,454 6,454 118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 106,354 127,354 Army UFR—Active protection systems for Bradley and Stryker [21,000] 120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 120,168 GFIM unjustified growth [–2,000] 121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 76,936 58,736 Program decrease [–18,200] 122 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) 35,560 35,560 124 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 16,364 16,364 125 0605031A JOINT TACTICAL NETWORK (JTN) 28,954 28,954 128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 16,630 16,630 130 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE 7,618 7,618 131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 18,892 13,892 Cyber situational understanding reduction [–5,000] 132 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 28,849 28,849 133 0605047A CONTRACT WRITING SYSTEM 22,960 20,960 Program reduction [–2,000] 135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 65,603 65,603 136 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 233,512 233,512 137 0605053A GROUND ROBOTICS 18,241 18,241 138 0605054A EMERGING TECHNOLOGY INITIATIVES 254,945 254,945 139 0605143A BIOMETRICS ENABLING CAPABILITY (BEC) 4,326 4,326 140 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM 15,616 15,616 141 0605145A MEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT 962 962 142 0605148A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD 54,972 54,972 143 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 122,175 122,175 144 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) 2,275 2,275 145 0605224A MULTI-DOMAIN INTELLIGENCE 9,313 9,313 146 0605225A SIO CAPABILITY DEVELOPMENT 22,713 22,713 147 0605231A PRECISION STRIKE MISSILE (PRSM) 188,452 188,452 148 0605232A HYPERSONICS EMD 111,473 111,473 149 0605233A ACCESSIONS INFORMATION ENVIRONMENT (AIE) 18,790 18,790 150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,134 2,134 151 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 157,873 157,873 152 0605531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS DEV & DEMONSTRATION 33,386 33,386 153 0605625A MANNED GROUND VEHICLE 225,106 203,106 Excess carryover [–10,000] Unjustified growth—other support costs [–7,000] Unjustified growth—program management [–5,000] 154 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 14,454 14,454 155 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 2,564 2,564 156 0605830A AVIATION GROUND SUPPORT EQUIPMENT 1,201 1,201 157 0303032A TROJAN—RH12 3,362 3,362 161 0304270A ELECTRONIC WARFARE DEVELOPMENT 75,520 75,520 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,392,358 3,402,027 MANAGEMENT SUPPORT 162 0604256A THREAT SIMULATOR DEVELOPMENT 18,439 18,439 163 0604258A TARGET SYSTEMS DEVELOPMENT 17,404 17,404 164 0604759A MAJOR T&E INVESTMENT 68,139 68,139 165 0605103A RAND ARROYO CENTER 33,126 33,126 166 0605301A ARMY KWAJALEIN ATOLL 240,877 240,877 167 0605326A CONCEPTS EXPERIMENTATION PROGRAM 79,710 79,710 169 0605601A ARMY TEST RANGES AND FACILITIES 354,227 354,227 170 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 49,253 49,253 171 0605604A SURVIVABILITY/LETHALITY ANALYSIS 36,389 36,389 172 0605606A AIRCRAFT CERTIFICATION 2,489 2,489 173 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES 6,689 6,689 174 0605706A MATERIEL SYSTEMS ANALYSIS 21,558 21,558 175 0605709A EXPLOITATION OF FOREIGN ITEMS 13,631 13,631 176 0605712A SUPPORT OF OPERATIONAL TESTING 55,122 55,122 177 0605716A ARMY EVALUATION CENTER 65,854 65,854 178 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 2,633 2,633 179 0605801A PROGRAMWIDE ACTIVITIES 96,589 96,589 180 0605803A TECHNICAL INFORMATION ACTIVITIES 26,808 26,808 181 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 43,042 48,042 Program increase—polymer case ammunition [5,000] 182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,789 1,789 183 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA 52,108 52,108 185 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 80,952 80,952 186 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 5,363 5,363 187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES 39,041 39,041 188 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 5,466 5,466 SUBTOTAL MANAGEMENT SUPPORT 1,416,698 1,421,698 OPERATIONAL SYSTEMS DEVELOPMENT UNDISTRIBUTED 190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 12,314 12,314 191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT 8,868 8,868 192 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 22,828 30,828 Agile manufacturing for advanced armament systems [8,000] 194 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 4,773 4,773 195 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 52,372 70,372 CH–47 Chinook cargo on/off loading system [8,000] Program increase—T55–714C acceleration [10,000] 196 0607139A IMPROVED TURBINE ENGINE PROGRAM 275,024 315,024 Army improved turbine engine program [40,000] 197 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT 12,417 12,417 198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 4,594 4,594 199 0607145A APACHE FUTURE DEVELOPMENT 10,067 25,067 Program increase [15,000] 200 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM 56,681 56,681 201 0607150A INTEL CYBER DEVELOPMENT 3,611 12,471 Army UFR—Cyber-Info Dominance Center [8,860] 202 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 28,029 28,029 203 0607313A ELECTRONIC WARFARE DEVELOPMENT 5,673 5,673 204 0607665A FAMILY OF BIOMETRICS 1,178 1,178 205 0607865A PATRIOT PRODUCT IMPROVEMENT 125,932 125,932 206 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) 25,547 25,547 207 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 211,523 276,523 Program increase—Abrams modernization [65,000] 208 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS 213,281 208,136 Excess carryover [–5,145] 210 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 132 132 211 0203758A DIGITIZATION 3,936 3,936 212 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 127 127 213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 10,265 10,265 214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV 262 262 215 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM 182 182 216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) 63,937 63,937 217 0208053A JOINT TACTICAL GROUND SYSTEM 13,379 13,379 219 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 24,531 24,531 220 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 15,720 11,720 Carryover [–4,000] 221 0303141A GLOBAL COMBAT SUPPORT SYSTEM 52,739 61,739 Army UFR—ERP convergence/modernization [9,000] 222 0303142A SATCOM GROUND ENVIRONMENT (SPACE) 15,247 15,247 226 0305179A INTEGRATED BROADCAST SERVICE (IBS) 5,430 5,430 227 0305204A TACTICAL UNMANNED AERIAL VEHICLES 8,410 8,410 228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 24,460 24,460 233 0307665A BIOMETRICS ENABLED INTELLIGENCE 2,066 2,066 234 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 61,720 76,720 Digital night vision cameras [15,000] SUBTOTAL UNDISTRIBUTED 169,715 999 9999999999 CLASSIFIED PROGRAMS 2,993 2,993 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,380,248 1,549,963 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 237 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT 118,811 118,811 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 118,811 118,811 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 12,799,645 13,312,957 RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 001 0601103N UNIVERSITY RESEARCH INITIATIVES 117,448 167,448 Defense university research instrumentation program [20,000] University research programs [30,000] 002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH 23,399 Program increase [23,399] 003 0601153N DEFENSE RESEARCH SCIENCES 484,421 489,406 CPF—Digital twins for Navy maintenance [1,985] Program increase [3,000] SUBTOTAL BASIC RESEARCH 601,869 680,253 APPLIED RESEARCH 004 0602114N POWER PROJECTION APPLIED RESEARCH 23,013 31,013 Program increase—multi-mission UAV-borne electronic attack [8,000] 005 0602123N FORCE PROTECTION APPLIED RESEARCH 122,888 138,388 Relative positioning of autonomous platforms [3,000] Resilient Innovative Sustainable Economies via University Partnerships (RISE-UP) [2,000] Talent and technology for Navy power and energy systems [10,500] 006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 51,112 58,612 Program increase—unmanned logistics solutions [7,500] 007 0602235N COMMON PICTURE APPLIED RESEARCH 51,477 51,477 008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 70,547 78,547 Anti-corrosion nanotechnologies [3,000] High mobility ground robots to assist dismounted infantry in urban operations [5,000] 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 85,157 85,157 010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 70,086 70,086 011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 6,405 6,405 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH 57,484 98,984 Academic partnerships for undersea vehicle research and manufacturing [16,500] Continuous distributed sensing systems [4,000] CPF—connected AI for autonomous UUV systems [5,000] CPF—persistent maritime surveillance [5,000] Program increase—undersea warfare applied research ocean aero [11,000] 013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 173,356 193,356 Program increase—long endurance, autonomous mobile acoustic detection systems [20,000] 014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 32,160 32,160 015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH 152,976 152,976 016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES 79,254 79,254 SUBTOTAL APPLIED RESEARCH 975,915 1,076,415 ADVANCED TECHNOLOGY DEVELOPMENT 017 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 21,661 21,661 018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY 8,146 8,146 019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 224,155 274,055 Marine Corps UFR—Maritime Targeting Cell-Expeditionary [5,300] Marine Corps UFR—Unmanned adversary technology investment [10,000] Next generation logistics—autonomous littoral connector [9,600] Program increase—low-cost atrittable aircraft technology [25,000] 020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 13,429 13,429 021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 265,299 265,299 022 0603680N MANUFACTURING TECHNOLOGY PROGRAM 57,236 57,236 023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY 4,935 4,935 024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 47,167 47,167 025 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 1,981 1,981 026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT 133,779 153,779 Attritable group III ultra-long endurance unmanned aircraft for persistent ISR [10,000] Program increase—railgun [10,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 777,788 847,688 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 027 0603128N UNMANNED AERIAL SYSTEM 16,879 16,879 028 0603178N MEDIUM AND LARGE UNMANNED SURFACE VEHICLES (USVS) 144,846 102,846 LUSV integrated combat system early to need [–42,000] 029 0603207N AIR/OCEAN TACTICAL APPLICATIONS 27,849 27,849 030 0603216N AVIATION SURVIVABILITY 16,815 16,815 031 0603239N NAVAL CONSTRUCTION FORCES 5,290 5,290 033 0603254N ASW SYSTEMS DEVELOPMENT 17,612 17,612 034 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,111 3,111 035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 32,310 32,310 036 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 58,013 58,013 037 0603506N SURFACE SHIP TORPEDO DEFENSE 1,862 1,862 038 0603512N CARRIER SYSTEMS DEVELOPMENT 7,182 7,182 039 0603525N PILOT FISH 408,087 408,087 040 0603527N RETRACT LARCH 44,197 44,197 041 0603536N RETRACT JUNIPER 144,541 144,541 042 0603542N RADIOLOGICAL CONTROL 761 761 043 0603553N SURFACE ASW 1,144 1,144 044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 99,782 99,782 045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 14,059 14,059 046 0603563N SHIP CONCEPT ADVANCED DESIGN 111,590 111,590 047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 106,957 106,957 048 0603570N ADVANCED NUCLEAR POWER SYSTEMS 203,572 203,572 049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 78,122 78,122 050 0603576N CHALK EAGLE 80,270 80,270 051 0603581N LITTORAL COMBAT SHIP (LCS) 84,924 84,924 052 0603582N COMBAT SYSTEM INTEGRATION 17,322 17,322 053 0603595N OHIO REPLACEMENT 296,231 303,731 Program increase—composites development [7,500] 054 0603596N LCS MISSION MODULES 75,995 75,995 055 0603597N AUTOMATED TEST AND RE-TEST (ATRT) 7,805 7,805 056 0603599N FRIGATE DEVELOPMENT 109,459 109,459 057 0603609N CONVENTIONAL MUNITIONS 7,296 7,296 058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 77,065 67,707 Armored reconnaissance vehicle GFE excess to need [–4,400] Armored reconnaissance vehicle testing early to need [–4,958] 059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 34,785 34,785 060 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 8,774 8,774 061 0603721N ENVIRONMENTAL PROTECTION 20,677 20,677 062 0603724N NAVY ENERGY PROGRAM 33,824 43,824 AR3P auto refueling system [10,000] 063 0603725N FACILITIES IMPROVEMENT 6,327 6,327 064 0603734N CHALK CORAL 579,389 579,389 065 0603739N NAVY LOGISTIC PRODUCTIVITY 669 669 066 0603746N RETRACT MAPLE 295,295 295,295 067 0603748N LINK PLUMERIA 692,280 692,280 068 0603751N RETRACT ELM 83,904 83,904 069 0603764M LINK EVERGREEN 221,253 264,453 Marine Corps UFR—Additional development [43,200] 071 0603790N NATO RESEARCH AND DEVELOPMENT 5,805 5,805 072 0603795N LAND ATTACK TECHNOLOGY 4,017 4,017 073 0603851M JOINT NON-LETHAL WEAPONS TESTING 29,589 29,589 074 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 24,450 24,450 075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS 81,803 81,803 076 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 48,793 48,793 077 0604027N DIGITAL WARFARE OFFICE 46,769 55,752 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [8,983] 078 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES 84,676 84,676 079 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES 59,299 59,299 081 0604031N LARGE UNMANNED UNDERSEA VEHICLES 88,063 81,407 Contract award excess to need [–6,656] 082 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) 121,509 121,509 083 0604126N LITTORAL AIRBORNE MCM 18,669 15,187 COBRA Block II early to need [–3,482] 084 0604127N SURFACE MINE COUNTERMEASURES 13,655 13,655 085 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 33,246 33,246 086 0604289M NEXT GENERATION LOGISTICS 1,071 1,071 087 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) 9,825 9,825 088 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 6,555 6,555 089 0604454N LX (R) 3,344 3,344 090 0604536N ADVANCED UNDERSEA PROTOTYPING 58,473 51,283 Test and evaluation excess to need [–7,190] 091 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) 5,529 5,529 092 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 97,944 97,944 093 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 9,340 9,340 094 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 127,756 104,756 Project 3343 lack of program justification [–23,000] 095 0605512N MEDIUM UNMANNED SURFACE VEHICLES (MUSVS)) 60,028 60,028 096 0605513N UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES 170,838 123,838 USV machinery qualification insufficient justification [–47,000] 097 0605514M GROUND BASED ANTI-SHIP MISSILE (MARFORRES) 102,716 102,716 098 0605516M LONG RANGE FIRES (MARFORRES) 88,479 88,479 099 0605518N CONVENTIONAL PROMPT STRIKE (CPS) 1,372,340 1,498,340 Navy UFR—Additional CPS development [126,000] 100 0303354N ASW SYSTEMS DEVELOPMENT—MIP 8,571 8,571 101 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 16,204 23,204 Program increase—K-max unmanned logistics system [7,000] 102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 506 506 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 7,077,987 7,141,984 SYSTEM DEVELOPMENT & DEMONSTRATION 103 0603208N TRAINING SYSTEM AIRCRAFT 5,864 5,864 104 0604212N OTHER HELO DEVELOPMENT 56,444 49,312 Attack and utility replacement aircraft excess studies and analysis [–7,132] 105 0604214M AV–8B AIRCRAFT—ENG DEV 10,146 10,146 106 0604215N STANDARDS DEVELOPMENT 4,082 4,082 107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 46,418 54,418 Program increase—MH–60 modernization [8,000] 108 0604221N P–3 MODERNIZATION PROGRAM 579 579 109 0604230N WARFARE SUPPORT SYSTEM 10,167 10,167 110 0604231N COMMAND AND CONTROL SYSTEMS 122,913 122,913 111 0604234N ADVANCED HAWKEYE 386,860 386,860 112 0604245M H–1 UPGRADES 50,158 50,158 113 0604261N ACOUSTIC SEARCH SENSORS 46,066 46,066 114 0604262N V–22A 107,984 107,984 115 0604264N AIR CREW SYSTEMS DEVELOPMENT 22,746 22,746 116 0604269N EA–18 68,425 68,425 117 0604270N ELECTRONIC WARFARE DEVELOPMENT 139,535 136,593 Dual band decoy previously funded [–2,942] 118 0604273M EXECUTIVE HELO DEVELOPMENT 45,932 45,932 119 0604274N NEXT GENERATION JAMMER (NGJ) 243,923 235,423 Test and evaluation delays [–8,500] 120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 234,434 243,417 Navy tactical grid development for JADC2 [8,983] 121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 248,096 230,100 Contract delays [–17,996] 122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 371,575 371,575 123 0604311N LPD–17 CLASS SYSTEMS INTEGRATION 904 904 124 0604329N SMALL DIAMETER BOMB (SDB) 46,769 46,769 125 0604366N STANDARD MISSILE IMPROVEMENTS 343,511 343,511 126 0604373N AIRBORNE MCM 10,881 10,881 127 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 46,121 52,621 Program increase—stratospheric balloons [6,500] 128 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) 15,000 Program increase [15,000] 129 0604501N ADVANCED ABOVE WATER SENSORS 77,852 77,852 130 0604503N SSN–688 AND TRIDENT MODERNIZATION 95,693 95,693 131 0604504N AIR CONTROL 27,499 27,499 132 0604512N SHIPBOARD AVIATION SYSTEMS 8,924 8,924 133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,631 11,631 134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM 96,556 96,556 135 0604530N ADVANCED ARRESTING GEAR (AAG) 147 147 136 0604558N NEW DESIGN SSN 503,252 603,252 SSN Block VI design and advanced capabilities [100,000] 137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 62,115 62,115 138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 54,829 54,829 139 0604574N NAVY TACTICAL COMPUTER RESOURCES 4,290 4,290 140 0604601N MINE DEVELOPMENT 76,027 65,646 Encapsulated effector contract delays [–10,381] 141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 94,386 94,386 142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 8,348 8,348 143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV 42,144 42,144 144 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 7,375 7,375 146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 149,433 149,433 147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 87,862 84,488 Project 0173 MK9 CWTI replacement delay [–3,374] 148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 69,006 69,006 149 0604761N INTELLIGENCE ENGINEERING 20,684 20,684 150 0604771N MEDICAL DEVELOPMENT 3,967 11,467 Program increase—autonomous aerial technology for distributed logistics [7,500] 151 0604777N NAVIGATION/ID SYSTEM 48,837 48,837 152 0604800M JOINT STRIKE FIGHTER (JSF)—EMD 577 577 153 0604800N JOINT STRIKE FIGHTER (JSF)—EMD 262 262 154 0604850N SSN(X) 29,829 29,829 155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277 156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 239,892 Contract writing systems reduction [–3,936] 157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT 8,426 8,426 158 0605180N TACAMO MODERNIZATION 150,592 90,472 Unjustified air vehicle acquisition strategy [–60,120] 159 0605212M CH–53K RDTE 256,903 256,903 160 0605215N MISSION PLANNING 88,128 88,128 161 0605217N COMMON AVIONICS 60,117 92,017 Marine Corps UFR—MANGL Digital Interoperability [31,900] 162 0605220N SHIP TO SHORE CONNECTOR (SSC) 6,320 6,320 163 0605327N T-AO 205 CLASS 4,336 4,336 164 0605414N UNMANNED CARRIER AVIATION (UCA) 268,937 268,937 165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 356 356 166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 27,279 27,279 167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 173,784 173,784 168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION 80,709 80,709 169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION 2,005 2,005 170 0204202N DDG–1000 112,576 112,576 174 0304785N ISR & INFO OPERATIONS 136,140 133,781 Program decrease [–2,359] 175 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 26,318 26,318 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 5,910,089 5,971,232 MANAGEMENT SUPPORT 176 0604256N THREAT SIMULATOR DEVELOPMENT 20,862 20,862 177 0604258N TARGET SYSTEMS DEVELOPMENT 12,113 12,113 178 0604759N MAJOR T&E INVESTMENT 84,617 84,617 179 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 3,108 3,108 180 0605154N CENTER FOR NAVAL ANALYSES 38,590 38,590 183 0605804N TECHNICAL INFORMATION SERVICES 934 934 184 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 93,966 93,966 185 0605856N STRATEGIC TECHNICAL SUPPORT 3,538 3,538 186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 135,149 135,149 187 0605864N TEST AND EVALUATION SUPPORT 429,277 429,277 188 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 24,872 24,872 189 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 17,653 17,653 190 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 8,065 8,065 191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 47,042 44,042 Wargaming capability project restructured [–3,000] 192 0605898N MANAGEMENT HQ—R&D 35,614 35,614 193 0606355N WARFARE INNOVATION MANAGEMENT 38,958 38,958 194 0305327N INSIDER THREAT 2,581 2,581 195 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) 1,747 1,747 SUBTOTAL MANAGEMENT SUPPORT 998,686 995,686 OPERATIONAL SYSTEMS DEVELOPMENT 199 0604840M F–35 C2D2 515,746 515,746 200 0604840N F–35 C2D2 481,962 481,962 201 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS (MARFORRES) 65,381 65,381 202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 176,486 176,486 203 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 177,098 198,998 D5LE2 integration and test early to need [–2,100] Next generation strategic inertial measurement unit [9,000] Strategic weapons system shipboard navigation modernization [15,000] 204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 45,775 45,775 205 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 64,752 64,752 206 0101402N NAVY STRATEGIC COMMUNICATIONS 35,451 35,451 207 0204136N F/A–18 SQUADRONS 189,224 196,224 Program increase—neural network algorithms on advanced processors [3,000] Program increase—noise reduction research [4,000] 208 0204228N SURFACE SUPPORT 13,733 13,733 209 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 132,181 132,181 210 0204311N INTEGRATED SURVEILLANCE SYSTEM 84,276 84,276 211 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 6,261 6,261 212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 1,657 1,657 213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 21,367 68,367 Marine Corps UFR—Air traffic control Block IV development [23,000] Marine Corps UFR—Radar signal processor refresh [12,000] Marine Corps UFR—Software mods to implement NIFC [12,000] 214 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 56,741 56,741 215 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 62,006 62,006 216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 133,520 125,823 Program decrease [–7,697] 217 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 28,804 28,804 218 0205632N MK–48 ADCAP 114,492 114,492 219 0205633N AVIATION IMPROVEMENTS 132,486 132,486 220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 113,760 113,760 221 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 89,897 92,697 Compact solid state antenna—USMC UPL [2,800] 222 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) 9,324 12,824 Marine Corps UFR—Software development for NIFC integration [3,500] 223 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 108,235 108,235 224 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 13,185 13,185 225 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 37,695 44,295 Marine Corps UFR—G-BOSS High Definition modernization [3,700] Marine Corps UFR—SCINet transition [2,900] 226 0206629M AMPHIBIOUS ASSAULT VEHICLE 7,551 7,551 227 0207161N TACTICAL AIM MISSILES 23,881 23,881 228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 32,564 32,564 229 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,101 3,101 234 0303138N AFLOAT NETWORKS 30,890 35,690 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [4,800] 235 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,311 33,311 236 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 7,514 7,514 237 0305204N TACTICAL UNMANNED AERIAL VEHICLES 9,837 9,837 238 0305205N UAS INTEGRATION AND INTEROPERABILITY 9,797 9,797 239 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 38,800 38,800 240 0305220N MQ–4C TRITON 13,029 13,029 241 0305231N MQ–8 UAV 26,543 26,543 242 0305232M RQ–11 UAV 533 533 243 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 1,772 1,772 245 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 59,252 59,252 246 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) 9,274 9,274 247 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 36,378 36,378 248 0305421N RQ–4 MODERNIZATION 134,323 134,323 249 0307577N INTELLIGENCE MISSION DATA (IMD) 907 907 250 0308601N MODELING AND SIMULATION SUPPORT 9,772 9,772 251 0702207N DEPOT MAINTENANCE (NON-IF) 36,880 41,880 CPF—defense industrial skills and technology training [5,000] 252 0708730N MARITIME TECHNOLOGY (MARITECH) 3,329 3,329 999 9999999999 CLASSIFIED PROGRAMS 1,872,586 1,872,586 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 5,313,319 5,404,222 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 254 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM 13,703 13,703 255 0608113N NAVY NEXT GENERATION ENTERPRISE NETWORK (NGEN)—SOFTWARE PILOT PROGRAM 955,151 955,151 256 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM 14,855 14,855 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 983,709 983,709 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 22,639,362 23,101,189 RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 001 0601102F DEFENSE RESEARCH SCIENCES 328,303 347,823 Program increase—basic research [19,520] 002 0601103F UNIVERSITY RESEARCH INITIATIVES 162,403 193,903 CPF—neural-enabled prosthetics [1,500] University research programs [30,000] SUBTOTAL BASIC RESEARCH 490,706 541,726 APPLIED RESEARCH 004 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH 79,901 79,901 005 0602102F MATERIALS 113,460 145,460 Continuous composites 3D printing [7,000] CPF—affordable multifunctional aerospace composites [10,000] Digital maintenance advisor [5,000] High energy synchrotron x-ray research [5,000] Maturation of carbon/carbon thermal protection systems [5,000] 006 0602201F AEROSPACE VEHICLE TECHNOLOGIES 163,032 170,532 Ground test and development of hypersonic engines [5,000] Nano-UAS for the military warfighter [2,500] 007 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 136,273 136,273 008 0602203F AEROSPACE PROPULSION 174,683 181,683 Low-cost small turbine engine research [7,000] 009 0602204F AEROSPACE SENSORS 198,918 461,918 Chip-locking microelectronics security [6,000] Cyber assurance and assessment of electronic hardware systems [7,000] Microelectronics research network [250,000] 011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES 8,891 8,891 012 0602602F CONVENTIONAL MUNITIONS 151,757 151,757 013 0602605F DIRECTED ENERGY TECHNOLOGY 111,052 113,552 CPF—directed energy research and education for workforce development [2,500] 014 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 169,110 181,110 CPF—assessment of a national laboratory for transformational computing [2,000] Program increase—quantum network testbed [10,000] SUBTOTAL APPLIED RESEARCH 1,307,077 1,631,077 ADVANCED TECHNOLOGY DEVELOPMENT 017 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS 131,643 187,643 Procure Valkyrie aircraft [75,000] Program reduction [–19,000] 018 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 31,905 41,905 Metals affordability research [10,000] 019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 21,057 21,057 020 0603203F ADVANCED AEROSPACE SENSORS 45,464 54,764 Authorization software for autonomous sensors [9,300] 021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 70,486 85,486 Enhanced capability hypersonic airbreathing testbed [15,000] 022 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY 75,273 159,773 CPF—development of advanced propulsion technologies for hypersonic systems [5,000] Ground testing of reusable high mach turbine engines [20,000] Next generation UAS propulsion development [30,000] Reusable high mach turbine engine [29,500] 023 0603270F ELECTRONIC COMBAT TECHNOLOGY 46,591 46,591 026 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT 24,589 24,589 027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 157,423 157,423 028 0603605F ADVANCED WEAPONS TECHNOLOGY 28,258 33,258 Program increase—LIDAR CUAS automated target recognition [5,000] 029 0603680F MANUFACTURING TECHNOLOGY PROGRAM 45,259 157,259 Aerospace and defense supply ecosystem [6,000] CPF—additive manufacturing and ultra-high performance concrete [5,000] Program increase [70,000] Smart manufacturing digital thread initiative [10,000] Sustainment and modernization research and development program [7,000] Universal robotic controller [6,000] Virtual, augmented, and mixed reality readiness [8,000] 030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION 56,772 56,772 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 734,720 1,026,520 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 5,795 5,795 032 0603742F COMBAT IDENTIFICATION TECHNOLOGY 21,939 21,939 033 0603790F NATO RESEARCH AND DEVELOPMENT 4,114 4,114 034 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 49,621 49,621 036 0604001F NC3 ADVANCED CONCEPTS 6,900 6,900 037 0604002F AIR FORCE WEATHER SERVICES RESEARCH 986 986 038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) 203,849 203,849 039 0604004F ADVANCED ENGINE DEVELOPMENT 123,712 380,712 Program increase—AETP [257,000] 040 0604006F ARCHITECTURE INITIATIVES 82,438 128,438 Acceleration of tactical datalink waveform [80,000] Program decrease [–34,000] 041 0604015F LONG RANGE STRIKE—BOMBER 2,872,624 2,872,624 042 0604032F DIRECTED ENERGY PROTOTYPING 10,820 10,820 043 0604033F HYPERSONICS PROTOTYPING 438,378 438,378 044 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 39,742 39,742 045 0604257F ADVANCED TECHNOLOGY AND SENSORS 23,745 23,745 046 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER 95,788 95,788 047 0604317F TECHNOLOGY TRANSFER 15,768 23,268 Program increase—academic partnership intermediary agreement tech transfer [7,500] 048 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 15,886 15,886 049 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 71,229 71,229 050 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 40,103 40,103 051 0604858F TECH TRANSITION PROGRAM 343,545 442,545 Blended wing body prototype phase 1 [15,000] C–17 active winglets phase 1 [2,000] KC–135 winglets [2,000] NORTHCOM UFR—Proliferated low earth orbit Arctic communications [80,000] 052 0605230F GROUND BASED STRATEGIC DETERRENT 2,553,541 2,553,541 054 0207110F NEXT GENERATION AIR DOMINANCE 1,524,667 1,524,667 055 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) 50,000 Build command and control framework [50,000] 056 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 10,905 10,905 057 0208030F WAR RESERVE MATERIEL—AMMUNITION 3,943 3,943 059 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 43,881 43,881 061 0305601F MISSION PARTNER ENVIRONMENTS 16,420 16,420 062 0306250F CYBER OPERATIONS TECHNOLOGY SUPPORT 242,499 282,499 Coordination with private sector to protect against foreign malicious cyber actors [15,000] CYBERCOM UFR enhanced attribution transition [25,000] 063 0306415F ENABLED CYBER ACTIVITIES 16,578 16,578 066 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM 20,343 20,343 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 8,899,759 9,399,259 SYSTEM DEVELOPMENT & DEMONSTRATION 078 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS 23,499 23,499 079 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 167,520 167,520 080 0604222F NUCLEAR WEAPONS SUPPORT 30,050 30,050 081 0604270F ELECTRONIC WARFARE DEVELOPMENT 2,110 2,110 082 0604281F TACTICAL DATA NETWORKS ENTERPRISE 169,836 169,836 083 0604287F PHYSICAL SECURITY EQUIPMENT 8,469 8,469 085 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 9,047 9,047 086 0604604F SUBMUNITIONS 2,954 2,954 087 0604617F AGILE COMBAT SUPPORT 16,603 16,603 089 0604706F LIFE SUPPORT SYSTEMS 25,437 25,437 090 0604735F COMBAT TRAINING RANGES 23,980 34,180 Air Force combat training ranges [7,200] Gulf test range improvement [3,000] 092 0604932F LONG RANGE STANDOFF WEAPON 609,042 609,042 093 0604933F ICBM FUZE MODERNIZATION 129,709 129,709 095 0605056F OPEN ARCHITECTURE MANAGEMENT 37,109 37,109 096 0605221F KC–46 1 1 097 0605223F ADVANCED PILOT TRAINING 188,898 188,898 098 0605229F HH–60W 66,355 30,506 Early to need—capability upgrades and modernization [–35,849] 101 0207171F F–15 EPAWSS 112,012 112,012 102 0207328F STAND IN ATTACK WEAPON 166,570 166,570 103 0207701F FULL COMBAT MISSION TRAINING 7,064 12,064 Program increase—airborne augmented reality for pilot training [5,000] 105 0401221F KC–46A TANKER SQUADRONS 73,459 67,459 Underexecution [–6,000] 107 0401319F VC–25B 680,665 655,665 Early to need [–25,000] 108 0701212F AUTOMATED TEST SYSTEMS 15,445 15,445 109 0804772F TRAINING DEVELOPMENTS 4,482 4,482 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 2,570,316 2,518,667 MANAGEMENT SUPPORT 124 0604256F THREAT SIMULATOR DEVELOPMENT 41,909 41,909 125 0604759F MAJOR T&E INVESTMENT 130,766 130,766 126 0605101F RAND PROJECT AIR FORCE 36,017 36,017 128 0605712F INITIAL OPERATIONAL TEST & EVALUATION 12,582 12,582 129 0605807F TEST AND EVALUATION SUPPORT 811,032 811,032 131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS 243,796 243,796 132 0605828F ACQ WORKFORCE- GLOBAL REACH 435,930 435,930 133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 435,274 435,274 135 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 243,806 243,806 136 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY 103,041 103,041 137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS 226,055 226,055 138 0605898F MANAGEMENT HQ—R&D 4,079 4,079 139 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 70,788 70,788 140 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 30,057 30,057 141 0606017F REQUIREMENTS ANALYSIS AND MATURATION 85,799 80,799 Program decrease [–5,000] 142 0606398F MANAGEMENT HQ—T&E 6,163 6,163 143 0303166F SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES 537 537 144 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM 25,340 35,340 Program increase—NC3 rapid engineering architecture collaboration hub [10,000] 145 0308602F ENTERPRISE INFORMATION SERVICES (EIS) 28,720 28,720 146 0702806F ACQUISITION AND MANAGEMENT SUPPORT 37,211 37,211 147 0804731F GENERAL SKILL TRAINING 1,506 1,506 148 0804772F TRAINING DEVELOPMENTS 2,957 2,957 150 1001004F INTERNATIONAL ACTIVITIES 2,420 2,420 156 1206864F SPACE TEST PROGRAM (STP) 3 3 SUBTOTAL MANAGEMENT SUPPORT 3,015,788 3,020,788 OPERATIONAL SYSTEMS DEVELOPMENT 157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 5,509 5,509 158 0604445F WIDE AREA SURVEILLANCE 2,760 2,760 160 0604840F F–35 C2D2 985,404 985,404 161 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 22,010 22,010 162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 51,492 51,492 163 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 71,391 71,391 164 0605278F HC/MC–130 RECAP RDT&E 46,796 46,796 165 0606018F NC3 INTEGRATION 26,532 26,532 167 0101113F B–52 SQUADRONS 715,811 660,811 CERP rapid prototyping materiel contract delay [–55,000] 168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453 169 0101126F B–1B SQUADRONS 29,127 29,127 170 0101127F B–2 SQUADRONS 144,047 144,047 171 0101213F MINUTEMAN SQUADRONS 113,622 113,622 172 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS 15,202 15,202 174 0101328F ICBM REENTRY VEHICLES 96,313 96,313 176 0102110F UH–1N REPLACEMENT PROGRAM 16,132 16,132 177 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 771 771 178 0102412F NORTH WARNING SYSTEM (NWS) 99 25,199 NORTHCOM UFR—Over the horizon radar [25,100] 179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 42,300 42,300 180 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL 5,889 5,889 181 0205219F MQ–9 UAV 85,135 84,121 Early to need—program protection technology insertion [–1,014] 182 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE 3,111 3,111 183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT 36,607 36,607 184 0207131F A–10 SQUADRONS 39,224 39,224 185 0207133F F–16 SQUADRONS 224,573 224,573 186 0207134F F–15E SQUADRONS 239,616 239,616 187 0207136F MANNED DESTRUCTIVE SUPPRESSION 15,855 15,855 188 0207138F F–22A SQUADRONS 647,296 647,296 189 0207142F F–35 SQUADRONS 69,365 69,365 190 0207146F F–15EX 118,126 118,126 191 0207161F TACTICAL AIM MISSILES 32,974 32,974 192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 51,288 51,288 193 0207227F COMBAT RESCUE—PARARESCUE 852 852 194 0207247F AF TENCAP 23,685 23,685 195 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 12,083 12,083 196 0207253F COMPASS CALL 91,266 91,266 197 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 103,715 103,715 198 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 117,325 117,325 199 0207327F SMALL DIAMETER BOMB (SDB) 27,109 27,109 200 0207410F AIR & SPACE OPERATIONS CENTER (AOC) 3 3 201 0207412F CONTROL AND REPORTING CENTER (CRC) 9,875 9,875 202 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) 171,014 171,014 203 0207418F AFSPECWAR—TACP 4,598 4,598 205 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 21,863 21,863 206 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I 7,905 7,905 207 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR) 15,000 15,000 208 0207444F TACTICAL AIR CONTROL PARTY-MOD 13,081 13,081 209 0207452F DCAPES 4,305 4,305 210 0207521F AIR FORCE CALIBRATION PROGRAMS 1,984 1,984 211 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 7,392 7,392 212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 1,971 1,971 213 0207590F SEEK EAGLE 30,539 30,539 214 0207601F USAF MODELING AND SIMULATION 17,110 17,110 215 0207605F WARGAMING AND SIMULATION CENTERS 7,535 7,535 216 0207610F BATTLEFIELD ABN COMM NODE (BACN) 32,008 32,008 217 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,007 4,007 218 0208006F MISSION PLANNING SYSTEMS 92,557 92,557 219 0208007F TACTICAL DECEPTION 489 489 220 0208064F OPERATIONAL HQ—CYBER 2,115 2,115 221 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 72,487 72,487 222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 18,449 18,449 223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) 79,079 79,079 224 0208099F UNIFIED PLATFORM (UP) 101,893 101,893 228 0208288F INTEL DATA APPLICATIONS 493 493 229 0301025F GEOBASE 2,782 2,782 231 0301113F CYBER SECURITY INTELLIGENCE SUPPORT 5,224 5,224 238 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS 2,463 2,463 239 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 26,331 26,331 240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 58,165 58,165 242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 8,032 8,032 243 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 452 452 244 0303248F ALL DOMAIN COMMON PLATFORM 64,000 64,000 246 0304260F AIRBORNE SIGINT ENTERPRISE 97,546 93,546 Excess carryover—special projects [–4,000] 247 0304310F COMMERCIAL ECONOMIC ANALYSIS 3,770 8,770 CPF—mobilizing civilian expertise for national security education on geo-economics, and innovation in the era of great power competition [5,000] 251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY 1,663 1,663 252 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) 18,888 15,888 Excess to need [–3,000] 253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 4,672 4,672 254 0305103F CYBER SECURITY INITIATIVE 290 290 255 0305111F WEATHER SERVICE 26,228 36,228 Program increase—commercial weather data pilot [10,000] 256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 8,749 8,749 257 0305116F AERIAL TARGETS 1,528 126,528 Unmanned adversary air platforms [125,000] 260 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 223 223 262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 8,733 8,733 264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,335 21,335 265 0305202F DRAGON U–2 17,146 35,846 Air Force UFR—Antenna replacement [18,700] 267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 71,791 151,291 Air Force UFR—ASARS processor and antenna development [67,000] Program increase—wide area motion imagery [12,500] 268 0305207F MANNED RECONNAISSANCE SYSTEMS 14,799 14,799 269 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 24,568 24,568 270 0305220F RQ–4 UAV 83,124 83,124 271 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 17,224 17,224 272 0305238F NATO AGS 19,473 19,473 273 0305240F SUPPORT TO DCGS ENTERPRISE 40,421 40,421 274 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 14,473 14,473 275 0305881F RAPID CYBER ACQUISITION 4,326 4,326 276 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,567 2,567 277 0307577F INTELLIGENCE MISSION DATA (IMD) 6,169 6,169 278 0401115F C–130 AIRLIFT SQUADRON 9,752 9,752 279 0401119F C–5 AIRLIFT SQUADRONS (IF) 17,507 17,507 280 0401130F C–17 AIRCRAFT (IF) 16,360 16,360 281 0401132F C–130J PROGRAM 14,112 14,112 282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 5,540 5,540 283 0401218F KC–135S 3,564 3,564 285 0401318F CV–22 17,189 17,189 286 0408011F SPECIAL TACTICS / COMBAT CONTROL 6,640 6,640 288 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM 26,921 26,921 289 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 7,071 7,071 291 0804743F OTHER FLIGHT TRAINING 1,999 1,999 293 0901202F JOINT PERSONNEL RECOVERY AGENCY 1,841 1,841 294 0901218F CIVILIAN COMPENSATION PROGRAM 3,560 3,560 295 0901220F PERSONNEL ADMINISTRATION 3,368 3,368 296 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 1,248 1,248 297 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 4,852 4,852 301 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 6,737 6,737 999 9999999999 CLASSIFIED PROGRAMS 15,868,973 15,868,973 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 21,743,006 21,943,292 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 317 0608158F STRATEGIC MISSION PLANNING AND EXECUTION SYSTEM—SOFTWARE PILOT PROGRAM 96,100 96,100 318 0608410F AIR & SPACE OPERATIONS CENTER (AOC)—SOFTWARE PILOT PROGRAM 186,918 186,918 319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND MANAGEMENT SYSTEM (DEAMS)—SOFTWARE PILOT PRO 135,263 135,263 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 418,281 418,281 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 39,179,653 40,499,610 RDTE, SPACE FORCE APPLIED RESEARCH 001 1206601SF SPACE TECHNOLOGY 181,209 201,709 Battery cycle life improvements [3,000] Program increase—hybrid space architecture [5,000] Program increase—radiation hardened microprocessor [5,000] Program increase—university consortia for space technology [7,500] SUBTOTAL APPLIED RESEARCH 181,209 201,709 ADVANCED TECHNOLOGY DEVELOPMENT 002 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO 75,919 136,919 Space Force UFR—accelerate cislunar flight experiment [61,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 75,919 136,919 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 003 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 434,194 434,194 004 1203710SF EO/IR WEATHER SYSTEMS 162,274 162,274 005 1203905SF SPACE SYSTEM SUPPORT 37,000 37,000 006 1206422SF WEATHER SYSTEM FOLLOW-ON 61,521 61,521 007 1206425SF SPACE SITUATION AWARENESS SYSTEMS 123,262 130,262 Space Force UFR—Maui optical site [7,000] 008 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) 101,851 129,851 Space Force UFR—Expand Blackjack radio frequency payloads [28,000] 009 1206438SF SPACE CONTROL TECHNOLOGY 32,931 32,931 010 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 56,546 71,546 Program increase [15,000] 011 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) 100,320 100,320 012 1206761SF PROTECTED TACTICAL SERVICE (PTS) 243,285 243,285 013 1206855SF EVOLVED STRATEGIC SATCOM (ESS) 160,056 160,056 014 1206857SF SPACE RAPID CAPABILITIES OFFICE 66,193 66,193 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 1,579,433 1,629,433 SYSTEM DEVELOPMENT & DEMONSTRATION 015 1203269SF GPS III FOLLOW-ON (GPS IIIF) 264,265 264,265 016 1203940SF SPACE SITUATION AWARENESS OPERATIONS 56,279 56,279 017 1206421SF COUNTERSPACE SYSTEMS 38,063 38,063 018 1206422SF WEATHER SYSTEM FOLLOW-ON 1,438 1,438 019 1206425SF SPACE SITUATION AWARENESS SYSTEMS 127,026 136,026 Space Force UFR—Add space domain rapid innovation pathfinders [9,000] 020 1206431SF ADVANCED EHF MILSATCOM (SPACE) 28,218 28,218 021 1206432SF POLAR MILSATCOM (SPACE) 127,870 127,870 022 1206442SF NEXT GENERATION OPIR 2,451,256 2,451,256 023 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION 23,400 23,400 024 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD 221,510 280,710 Maintain competition for Ph3—DOD unique requirements [50,000] Space Force UFR—Liquid oxygen explosive tests [9,200] SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,339,325 3,407,525 MANAGEMENT SUPPORT 025 1206116SF SPACE TEST AND TRAINING RANGE DEVELOPMENT 19,319 52,619 Space Force UFR—signal emulation generation subsystem [33,300] 026 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS 214,051 214,051 027 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA 12,119 12,119 028 1206759SF MAJOR T&E INVESTMENT—SPACE 71,503 71,503 029 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 17,769 21,769 CPF—small rocket program [4,000] 030 1206862SF TACTICALLY RESPONSIVE LAUNCH 50,000 Program increase [50,000] 031 1206864SF SPACE TEST PROGRAM (STP) 20,881 20,881 SUBTOTAL MANAGEMENT SUPPORT 355,642 442,942 OPERATIONAL SYSTEM DEVELOPMENT 033 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) 4,731 4,731 034 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 156,788 156,788 035 1203040SF DCO-SPACE 2,150 2,150 036 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 112,012 112,012 037 1203110SF SATELLITE CONTROL NETWORK (SPACE) 36,810 36,810 038 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) 1,966 1,966 039 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER 1,699 5,699 Space Force UFR—Improve operations of payload adapter [4,000] 040 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 18,054 33,354 Space Force UFR—Digitial core services for distributed space test and training [15,300] 041 1203182SF SPACELIFT RANGE SYSTEM (SPACE) 11,115 23,115 CPF—tactically responsive launch/deployable spaceport [7,000] Program increase [5,000] 042 1203265SF GPS III SPACE SEGMENT 7,207 7,207 043 1203330SF SPACE SUPERIORITY ISR 18,109 18,109 044 1203620SF NATIONAL SPACE DEFENSE CENTER 1,280 1,280 045 1203873SF BALLISTIC MISSILE DEFENSE RADARS 12,292 12,292 046 1203906SF NCMC—TW/AA SYSTEM 9,858 9,858 047 1203913SF NUDET DETECTION SYSTEM (SPACE) 45,887 45,887 048 1203940SF SPACE SITUATION AWARENESS OPERATIONS 64,763 64,763 049 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 413,766 413,766 053 1206770SF ENTERPRISE GROUND SERVICES 191,713 191,713 999 9999999999 CLASSIFIED PROGRAMS 4,474,809 4,680,009 Space Force UFR—classified [205,200] SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 5,585,009 5,821,509 SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 054 1203614SF JSPOC MISSION SYSTEM 154,529 154,529 SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 154,529 154,529 TOTAL RDTE, SPACE FORCE 11,271,066 11,794,566 RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 001 0601000BR DTRA BASIC RESEARCH 11,828 12,705 Program increase [877] 002 0601101E DEFENSE RESEARCH SCIENCES 395,781 454,281 Adversary Influence Operations (IO)—detection, modeling, mitigation [5,000] Artificial Intelligence (AI)—trustworthy, human integrated, robust [5,000] Biotechnology for challenging environments [7,000] CPF—novel analytical and empirical approaches to the prediction and monitoring of disease transmission [1,500] High assurance software systems—resilient, adaptable, trustworthy [5,000] Increase for DARPA-funded university research activities [15,000] Program increase—ERI 2.0 [20,000] 003 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 15,390 15,390 004 0601110D8Z BASIC RESEARCH INITIATIVES 39,828 77,061 Consortium to study irregular warfare [8,000] CPF—Florida Memorial University Department of Natural Sciences STEM equipment [400] CPF—SOUTHCOM Enhanced Domain Awareness (EDA) initiative [1,300] DEPSCoR [10,000] Minerva management and social science research [13,000] Program increase [4,533] 005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 76,018 86,018 Assessing immune memory [5,000] Traumatic brain injury research [5,000] 006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 112,195 132,195 Civics education [2,000] CPF—Florida Memorial Avionics Smart Scholars [1,000] SMART scholarships for AI related education [13,000] SMART scholarships program increase [4,000] 007 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 31,136 73,247 CPF—augmenting quantum sensing research, education, and training in DOD COE at DSU [1,111] CPF—HBCU training for the future of aerospace [1,000] Program increase [40,000] 008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 34,708 37,208 Program increase—chemically resistant, high-performance military cordage, rope, and webbing [2,500] SUBTOTAL BASIC RESEARCH 716,884 888,105 APPLIED RESEARCH 009 0602000D8Z JOINT MUNITIONS TECHNOLOGY 19,591 19,591 010 0602115E BIOMEDICAL TECHNOLOGY 108,698 118,698 Bridging the gap after spinal cord injury [5,000] Non-invasive neurotechnology rehabilitation take home trials [5,000] 012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION 22,918 82,918 6G and beyond experimentation efforts [50,000] Artificial intelligence (AI)—trustworthy, human integrated, robust [10,000] 013 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 55,692 55,692 014 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 65,015 115,015 AI research and development [50,000] 015 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 430,363 745,363 National Security Commission on Artificial Intelligence implementation [200,000] Program increase—AI, cyber, and data analytics [15,000] Quantum computing acceleration [100,000] 016 0602383E BIOLOGICAL WARFARE DEFENSE 31,421 31,421 017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 206,956 213,456 Biodetection system for joint force infrastructure protection [6,500] 018 0602668D8Z CYBER SECURITY RESEARCH 15,380 35,380 AI-enabled cyber defense acceleration study [10,000] Program increase [10,000] 019 0602702E TACTICAL TECHNOLOGY 202,515 249,515 MADFIRES [30,000] Program increase—AI, cyber and data analytics [17,000] 020 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 317,024 378,624 Adaptive immunomodulation-based therapeutics (ElectRx) [4,600] Agile chemical manufacturing technologies (ACMT) [20,000] Bioengineered electronics and electromagnetic devices (Bio-INC) [6,000] Bioremediation of battlefields [7,000] Maritime materials technologies (M2T) [5,000] Materiel protection through biologics [5,000] Neuroprotection from brain injury [9,000] Regenerative engineering for complex tissue regeneration & limb reconstruction [5,000] 021 0602716E ELECTRONICS TECHNOLOGY 357,384 393,384 Program increase—ERI 2.0 [36,000] 022 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH 197,011 197,011 023 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 9,601 9,601 024 0602890D8Z HIGH ENERGY LASER RESEARCH 45,997 115,997 Directed energy innovation—improved beam control [50,000] Joint Directed Energy Transition Office [20,000] 025 1160401BB SOF TECHNOLOGY DEVELOPMENT 44,829 48,829 Program increase—sustained human performance and resilience [4,000] SUBTOTAL APPLIED RESEARCH 2,130,395 2,810,495 ADVANCED TECHNOLOGY DEVELOPMENT 026 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 23,213 23,213 027 0603121D8Z SO/LIC ADVANCED DEVELOPMENT 4,665 4,665 028 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 69,376 69,376 029 0603133D8Z FOREIGN COMPARATIVE TESTING 25,432 25,432 031 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT 399,362 404,362 Reduced order models [5,000] 032 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 15,800 29,700 BATMAA BMDS advanced technology [8,700] MDA UFR—Cybersecurity improvements [5,200] 033 0603180C ADVANCED RESEARCH 21,466 26,466 Program increase—high speed flight experiment testing [5,000] 034 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION 51,340 51,340 035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 19,063 19,063 036 0603286E ADVANCED AEROSPACE SYSTEMS 174,043 256,043 Glide breaker [20,000] Hypersonic Air-Breathing Weapon Concept (HAWC) [37,000] OpFires [10,000] Tactical Boost Glide (TBG) [15,000] 037 0603287E SPACE PROGRAMS AND TECHNOLOGY 101,524 186,524 Blackjack critical risk reduction [25,000] Blackjack schedule assurance [30,000] Robotic Servicing of Geosynchronous Satellites (RSGS) [30,000] 038 0603288D8Z ANALYTIC ASSESSMENTS 24,012 24,012 039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS 51,513 51,513 042 0603338D8Z DEFENSE MODERNIZATION AND PROTOTYPING 115,443 193,443 Defense critical supply chain documentation and monitoring [3,000] Rapid Innovation Program [75,000] 043 0603342D8Z DEFENSE INNOVATION UNIT (DIU) 31,873 31,873 044 0603375D8Z TECHNOLOGY INNOVATION 54,433 54,433 045 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 197,824 197,824 046 0603527D8Z RETRACT LARCH 99,175 99,175 047 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 18,221 18,221 048 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 102,669 102,669 049 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 2,984 2,984 050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 134,022 380,322 Additive manufacturing training [5,000] Biotechnology innovation—enabling modular and scalable bioindustrial and resuable assets [200,000] Certification-based workforce training programs for manufacturing [3,000] CPF—cold spray and rapid deposition lab [1,300] Cybersecurity for industrial control systems [3,000] Data analytics and visual system [3,000] HPC-enabled advanced manufacturing [8,000] Hypersonics advanced manufacturing [10,000] Integrated silicon-based lasers [10,000] Virtual reality-enabled smart installation experimentation [3,000] 051 0603680S MANUFACTURING TECHNOLOGY PROGRAM 37,543 47,543 Program increase—steel performance initiative [10,000] 053 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 12,418 12,418 054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 51,863 81,863 Program increase—AFFF replacement, disposal, and cleanup technology [15,000] Program increase—PFAS remediation and disposal technology [15,000] 055 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 160,821 160,821 056 0603727D8Z JOINT WARFIGHTING PROGRAM 2,169 2,169 057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 116,716 140,716 Program increase—ERI 2.0 [24,000] 058 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 251,794 295,394 Classified increase [21,000] Deep water active sonar [15,000] Network UP [5,000] SHARE alignment with OTNK research [1,100] SHARE ICN performance enhancements for operational use [1,500] 059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 584,771 779,246 Air combat evolution (ACE) [8,200] Artificial intelligence research activities [100,000] Assault breaker II [50,000] Classified increase [20,400] Ocean of things [875] Ocean of things phase 3 demonstration [10,000] Timely information for maritime engagements (TIMEly) [5,000] 060 0603767E SENSOR TECHNOLOGY 294,792 367,392 Classified increase [27,800] SECTRE munitions digital twin for in theater/flight target additions and performance improvements [4,400] Systems of systems-enhanced small units (SESU) [4,400] Thermal imaging technology experiment-recon (TITE-R) [36,000] 061 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT 6,398 9,198 Systems of systems-enhanced small units (SESU) [2,800] 062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 14,677 14,977 CODE enhancements for SESU [300] 065 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 107,397 107,397 066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 267,161 267,161 067 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 21,270 31,270 Program increase [10,000] 068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 74,300 74,300 070 0303310D8Z CWMD SYSTEMS 5,000 Data storage capabilities for special operations forces [5,000] 074 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 93,415 98,415 SOF platform agnostic data storage capability [5,000] 075 1206310SDA SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT 172,638 172,638 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 4,007,596 4,920,571 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 076 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 28,687 28,687 077 0603600D8Z WALKOFF 108,652 108,652 078 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES 5,000 CDO for ADA [5,000] 079 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 71,429 89,429 Military energy resilience catalyst [3,000] Program increase—AFFF replacement, disposal, and cleanup technology [5,000] Program increase—PFAS remediation and disposal technology [10,000] 080 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 277,949 213,382 Unjustified request, lacking acquisition strategy—LHD [–64,567] 081 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 745,144 740,144 Unjustified growth—ground support and fire control LHD lack of validated requirement and acquisition strategy [–5,000] 082 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 129,445 129,445 083 0603884C BALLISTIC MISSILE DEFENSE SENSORS 224,750 227,762 MDA UFR—Cybersecurity improvements [3,012] 084 0603890C BMD ENABLING PROGRAMS 595,301 631,881 MDA UFR—Cybersecurity improvements [44,830] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–8,250] 085 0603891C SPECIAL PROGRAMS—MDA 413,374 413,374 086 0603892C AEGIS BMD 732,512 694,418 Layered homeland defense lack of requirement [–86,494] MDA UFR—Radar upgrades [48,400] 087 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 603,448 587,424 MDA UFR—Cybersecurity improvements [2,000] MDA UFR—JADC2 integration [4,476] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–22,500] 088 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 50,594 50,594 089 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 52,403 52,403 090 0603906C REGARDING TRENCH 11,952 11,952 091 0603907C SEA BASED X-BAND RADAR (SBX) 147,241 147,241 092 0603913C ISRAELI COOPERATIVE PROGRAMS 300,000 300,000 093 0603914C BALLISTIC MISSILE DEFENSE TEST 362,906 362,906 094 0603915C BALLISTIC MISSILE DEFENSE TARGETS 553,334 568,784 Advanced target front end configuration 3 tech maturation [5,000] Architecture RTS development [10,000] MDS architecture IAC prototype [5,000] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–4,550] 096 0603923D8Z COALITION WARFARE 5,103 5,103 097 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G) 374,665 474,665 5G acceleration activities [100,000] 098 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,259 3,259 099 0604102C GUAM DEFENSE DEVELOPMENT 78,300 138,300 INDOPACOM UFR—Guam Defense System [60,000] 100 0604115C TECHNOLOGY MATURATION INITIATIVES 34,000 Program increase—diode pumped alkali laser [14,000] Short pulse laser directed energy demonstration [20,000] 103 0604181C HYPERSONIC DEFENSE 247,931 309,796 MDA UFR—Accelerate hypersonic defensive systems [61,865] 104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 716,456 831,456 Mission-based acquisition [100,000] Program increase—mobile nuclear microreactor [15,000] 105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 509,195 548,995 Advanced analog & mixed signal microelectronics design and manufacturing [6,800] Radiation-hardened application specific integrated circuits [18,000] Trusted and assured GaN and GaAs RFIC technology [15,000] 106 0604331D8Z RAPID PROTOTYPING PROGRAM 103,575 182,575 ADA network resiliency/cloud [79,000] 107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTOTYPING 11,213 26,213 National security innovation capital program increase [15,000] 108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT 2,778 2,778 109 0604551BR CATAPULT 7,166 7,166 110 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T 23,200 23,200 111 0604672C HOMELAND DEFENSE RADAR—HAWAII (HDR-H) 75,000 INDOPACOM UFR—Restoration of HDR-H [75,000] 113 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) 3,519 3,519 114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS 17,439 17,439 115 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 133,335 133,335 116 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 926,125 926,125 117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST 32,697 32,697 118 0604878C AEGIS BMD TEST 117,055 111,255 Unjustified growth—AEGIS LHD test funding early to need [–5,800] 119 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST 77,428 77,428 120 0604880C LAND-BASED SM–3 (LBSM3) 43,158 43,158 121 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 61,424 61,424 122 0202057C SAFETY PROGRAM MANAGEMENT 2,323 2,323 123 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS 2,568 2,568 125 0305103C CYBER SECURITY INITIATIVE 1,142 1,142 126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING 636,179 648,179 Laser communication terminal technologies [6,000] Space laser communications [6,000] 127 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM 15,176 15,176 128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 292,811 292,811 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 9,854,341 10,394,563 SYSTEM DEVELOPMENT & DEMONSTRATION 129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 5,682 5,682 131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 299,848 299,848 132 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 9,345 9,345 133 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT 14,063 14,063 134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265 135 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 7,205 7,205 136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 5,447 5,447 137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 16,892 34,892 ADVANA for ADA [18,000] 138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION 679 679 140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 32,254 32,254 142 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS) 5,500 5,500 143 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 7,148 7,148 144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 113,895 113,895 146 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS 3,991 3,991 149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 2,227 2,227 150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION 20,246 20,246 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 548,687 566,687 MANAGEMENT SUPPORT 151 0603829J JOINT CAPABILITY EXPERIMENTATION 8,444 8,444 152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 7,508 7,508 153 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 7,859 7,859 154 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 550,140 550,140 155 0604942D8Z ASSESSMENTS AND EVALUATIONS 17,980 17,980 156 0605001E MISSION SUPPORT 73,145 73,145 157 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 71,410 71,410 159 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 52,671 52,671 161 0605142D8Z SYSTEMS ENGINEERING 40,030 40,030 162 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 4,612 4,612 163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 14,429 14,429 164 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 4,759 4,759 165 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) 1,952 1,952 166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 110,503 110,503 172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER 3,639 3,639 173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 25,889 63,889 Regional secure computing enclave pilot [38,000] 174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 39,774 257,774 ISR & information operations [10,000] PNT modernization—signals of opportunity [140,000] Spectrum innovation—low SWaP-C directional sources [68,000] 175 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 61,453 61,453 176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 18,762 18,762 177 0605804D8Z DEVELOPMENT TEST AND EVALUATION 27,366 27,366 178 0605898E MANAGEMENT HQ—R&D 12,740 12,740 179 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 3,549 3,549 180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 15,438 15,438 181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS 2,897 2,897 182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT 918 918 183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY POLICY 31,638 31,638 184 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 2,925 2,925 185 0204571J JOINT STAFF ANALYTICAL SUPPORT 977 977 186 0208045K C4I INTEROPERABILITY 55,361 60,361 Joint warfighting network architecture [5,000] 189 0303140SE INFORMATION SYSTEMS SECURITY PROGRAM 853 853 191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) 969 969 192 0305172K COMBINED ADVANCED APPLICATIONS 15,696 15,696 194 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,073 3,073 197 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA 29,530 29,530 198 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI) 689 689 199 0901598C MANAGEMENT HQ—MDA 24,102 24,102 200 0903235K JOINT SERVICE PROVIDER (JSP) 2,645 2,645 999 9999999999 CLASSIFIED PROGRAMS 37,520 37,520 SUBTOTAL MANAGEMENT SUPPORT 1,383,845 1,644,845 OPERATIONAL SYSTEMS DEVELOPMENT 202 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 5,355 5,355 203 0604532K JOINT ARTIFICIAL INTELLIGENCE 10,033 67,833 JAIC for ADA [57,800] 206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 58,189 149,689 Accelerated training in defense manufacturing (ATDM) pilot [10,000] Carbon/carbon industrial base enhancement [6,000] Demonstration program on domestic production of rare earth elements from coal byproducts [3,000] Digital manufacturing [1,500] Directed energy supply chain assurance [2,000] Industrial skills training [2,500] Machine and advanced manufacturing—IACMI [20,000] Program increase [20,000] Radar resiliency [2,500] Rare earth element separation technologies [4,000] Submarine construction workforce training pipeline [20,000] 207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT 18,721 18,721 208 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 7,398 7,398 209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 58,261 58,261 215 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 16,233 16,233 216 0303126K LONG-HAUL COMMUNICATIONS—DCS 10,275 10,275 217 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 4,892 4,892 218 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) 83,751 83,751 219 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 49,191 69,191 Workforce transformation cyber initiative pilot program [20,000] 220 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 423,745 535,845 Additional cybersecurity support for the defense industrial base [25,000] Hardening DOD networks [12,100] JFHQ DODIN staffing and tools [50,000] Pilot program on public-private partnership with internet ecosystem companies [25,000] 221 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 5,707 5,707 222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 4,150 4,150 223 0303153K DEFENSE SPECTRUM ORGANIZATION 19,302 19,302 224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) 9,342 9,342 226 0303430V FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY 15,326 15,326 232 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES 8,800 8,800 235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 3,820 3,820 237 0305186D8Z POLICY R&D PROGRAMS 4,843 4,843 238 0305199D8Z NET CENTRICITY 13,471 13,471 240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,994 5,994 247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 1,273 1,273 255 0708012K LOGISTICS SUPPORT ACTIVITIES 1,690 1,690 256 0708012S PACIFIC DISASTER CENTERS 1,799 1,799 257 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM 6,390 6,390 259 1105219BB MQ–9 UAV 19,065 19,065 261 1160403BB AVIATION SYSTEMS 173,537 173,537 262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 32,766 32,766 263 1160408BB OPERATIONAL ENHANCEMENTS 145,830 167,230 Program increase—AISUM [21,400] 264 1160431BB WARRIOR SYSTEMS 78,592 82,803 SOCOM UFR—Maritime scalable effects acceleration [4,211] 265 1160432BB SPECIAL PROGRAMS 6,486 6,486 266 1160434BB UNMANNED ISR 18,006 18,006 267 1160480BB SOF TACTICAL VEHICLES 7,703 7,703 268 1160483BB MARITIME SYSTEMS 58,430 58,430 270 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE 10,990 10,990 999 9999999999 CLASSIFIED PROGRAMS 5,208,029 5,208,029 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,607,385 6,914,396 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 272 0604532K JOINT ARTIFICIAL INTELLIGENCE 186,639 186,639 273 0608197V NATIONAL BACKGROUND INVESTIGATION SERVICES—SOFTWARE PILOT PROGRAM 123,570 123,570 274 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM 18,307 18,307 275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 32,774 32,774 276 0308588D8Z ALGORITHMIC WARFARE CROSS FUNCTIONAL TEAMS—SOFTWARE PILOT PROGRAM 247,452 283,452 MAVEN for ADA [36,000] SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 608,742 644,742 SUBTOTAL UNDISTRIBUTED 36,000 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 25,857,875 28,784,404 OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 001 0605118OTE OPERATIONAL TEST AND EVALUATION 105,394 105,394 002 0605131OTE LIVE FIRE TEST AND EVALUATION 68,549 68,549 003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 42,648 62,648 Joint Test and Evaluation restoration [20,000] SUBTOTAL MANAGEMENT SUPPORT 216,591 236,591 TOTAL OPERATIONAL TEST & EVAL, DEFENSE 216,591 236,591 TOTAL RDT&E 111,964,192 117,729,317 4301. Operation and maintenance SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) Line Item FY 2022 Request Conference Authorized OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS 3,563,856 3,528,856 Unjustified growth [–35,000] 020 MODULAR SUPPORT BRIGADES 142,082 142,082 030 ECHELONS ABOVE BRIGADE 758,174 758,174 040 THEATER LEVEL ASSETS 2,753,783 2,653,783 Unjustified growth [–100,000] 050 LAND FORCES OPERATIONS SUPPORT 1,110,156 1,110,156 060 AVIATION ASSETS 1,795,522 1,775,522 Unjustified growth [–20,000] 070 FORCE READINESS OPERATIONS SUPPORT 7,442,976 7,652,631 Advanced bomb suit [12,940] Army UFR—Arctic cold weather gloves [13,867] Army UFR—Arctic OCIE [65,050] Army UFR—ECWCS procurement [8,999] Army UFR—Female/small stature body armor [81,750] Army UFR—Garrison Installation Facilities-Related Control Systems (FRCS) [13,071] Army UFR—Heavylift transportation for OIR [33,854] Army UFR—Industrial base special installation control systems [14,824] CENTCOM UFR—Heavylift logistics [40,300] Unjustified growth [–75,000] 080 LAND FORCES SYSTEMS READINESS 580,921 594,921 CENTCOM UFR—COMSAT air time [34,000] Unjustified growth [–20,000] 090 LAND FORCES DEPOT MAINTENANCE 1,257,959 1,346,976 Army UFR—Tactical Combat Vehicle Repair Cycle Float [89,017] 100 MEDICAL READINESS 1,102,964 1,102,964 110 BASE OPERATIONS SUPPORT 8,878,603 8,868,603 Program decrease [–10,000] 120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,051,869 4,534,869 Program increase—FSRM [483,000] 130 MANAGEMENT AND OPERATIONAL HEADQUARTERS 289,891 289,891 140 ADDITIONAL ACTIVITIES 526,517 526,517 160 RESET 397,196 392,196 Unjustified growth [–5,000] 170 US AFRICA COMMAND 384,791 518,337 AFRICOM UFR—Commercial SATCOM [16,500] AFRICOM UFR—ISR improvements [67,000] Army UFR—MQ–9 COCO Support to AFRICOM [50,046] 180 US EUROPEAN COMMAND 293,932 335,910 EUCOM UFR—Information Operations [26,765] EUCOM UFR—Mission Partner Environment [15,213] 190 US SOUTHERN COMMAND 196,726 196,726 200 US FORCES KOREA 67,052 67,052 210 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 621,836 654,751 Army UFR—Critical infrastructure risk management cyber resiliency mitigations [13,630] Army UFR—MRCT / Cyber I&W / Ops Cell [4,655] Army UFR—Security Operations Center as a Service (SOCaaS) [14,630] 220 CYBERSPACE ACTIVITIES—CYBERSECURITY 629,437 726,176 Army UFR—C-SCRM supplier vetting and equipment inspection [1,200] Army UFR—Cybersecurity control systems assessments [89,889] Army UFR—Cyber-Supply Chain Risk Mgmt (C-SCRM) program [2,750] Army UFR—Defensive cyber sensors [2,900] SUBTOTAL OPERATING FORCES 36,846,243 37,777,093 MOBILIZATION 230 STRATEGIC MOBILITY 353,967 353,967 240 ARMY PREPOSITIONED STOCKS 381,192 381,192 250 INDUSTRIAL PREPAREDNESS 3,810 3,810 SUBTOTAL MOBILIZATION 738,969 738,969 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 163,568 163,568 270 RECRUIT TRAINING 75,140 75,140 280 ONE STATION UNIT TRAINING 81,274 81,274 290 SENIOR RESERVE OFFICERS TRAINING CORPS 520,973 520,973 300 SPECIALIZED SKILL TRAINING 998,869 998,869 310 FLIGHT TRAINING 1,309,556 1,309,556 320 PROFESSIONAL DEVELOPMENT EDUCATION 218,651 218,651 330 TRAINING SUPPORT 616,380 629,480 Army UFR—ATRRS Modernization [18,100] Unjustified growth [–5,000] 340 RECRUITING AND ADVERTISING 683,569 684,963 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,394] 350 EXAMINING 169,442 169,442 360 OFF-DUTY AND VOLUNTARY EDUCATION 214,923 231,078 Army UFR—Tuition assistance [16,155] 370 CIVILIAN EDUCATION AND TRAINING 220,589 220,589 380 JUNIOR RESERVE OFFICER TRAINING CORPS 187,569 187,569 SUBTOTAL TRAINING AND RECRUITING 5,460,503 5,491,152 ADMIN & SRVWIDE ACTIVITIES 400 SERVICEWIDE TRANSPORTATION 684,562 672,562 Unjustified growth [–12,000] 410 CENTRAL SUPPLY ACTIVITIES 808,895 808,895 420 LOGISTIC SUPPORT ACTIVITIES 767,053 796,157 Army UFR—AMC LITeS [29,104] 430 AMMUNITION MANAGEMENT 469,038 469,038 440 ADMINISTRATION 488,535 484,535 Unjustified growth [–4,000] 450 SERVICEWIDE COMMUNICATIONS 1,952,742 2,007,462 Army UFR—CHRA IT Cloud [5,300] Army UFR—ERP convergence/modernization [49,420] 460 MANPOWER MANAGEMENT 323,273 323,273 470 OTHER PERSONNEL SUPPORT 663,602 694,670 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,393] Army UFR—HR cloud and IT modernization [29,675] 480 OTHER SERVICE SUPPORT 2,004,981 2,031,364 Program increase—DFAS unfunded requirement [49,983] Unjustified growth [–23,600] 490 ARMY CLAIMS ACTIVITIES 180,178 180,178 500 REAL ESTATE MANAGEMENT 269,009 272,509 Program increase—real estate inventory tool [3,500] 510 FINANCIAL MANAGEMENT AND AUDIT READINESS 437,940 437,940 520 INTERNATIONAL MILITARY HEADQUARTERS 482,571 482,571 530 MISC. SUPPORT OF OTHER NATIONS 29,670 29,670 9999 CLASSIFIED PROGRAMS 2,008,633 2,026,633 SOUTHCOM UFR—Additional traditional ISR operations [18,000] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 11,570,682 11,717,457 UNDISTRIBUTED 998 UNDISTRIBUTED –125,000 Historical unobligated balances [–125,000] SUBTOTAL UNDISTRIBUTED –125,000 TOTAL OPERATION & MAINTENANCE, ARMY 54,616,397 55,599,671 OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MODULAR SUPPORT BRIGADES 10,465 10,465 020 ECHELONS ABOVE BRIGADE 554,992 554,992 030 THEATER LEVEL ASSETS 120,892 120,892 040 LAND FORCES OPERATIONS SUPPORT 597,718 597,718 050 AVIATION ASSETS 111,095 111,095 060 FORCE READINESS OPERATIONS SUPPORT 385,506 385,506 070 LAND FORCES SYSTEMS READINESS 98,021 98,021 080 LAND FORCES DEPOT MAINTENANCE 34,368 34,368 090 BASE OPERATIONS SUPPORT 584,513 584,513 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 342,433 342,433 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS 22,472 22,472 120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 2,764 2,764 130 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,476 7,476 SUBTOTAL OPERATING FORCES 2,872,715 2,872,715 ADMIN & SRVWD ACTIVITIES 140 SERVICEWIDE TRANSPORTATION 15,400 15,400 150 ADMINISTRATION 19,611 19,611 160 SERVICEWIDE COMMUNICATIONS 37,458 37,458 170 MANPOWER MANAGEMENT 7,162 7,162 180 RECRUITING AND ADVERTISING 48,289 48,289 SUBTOTAL ADMIN & SRVWD ACTIVITIES 127,920 127,920 UNDISTRIBUTED 998 UNDISTRIBUTED –10,000 Historical unobligated balances [–10,000] SUBTOTAL UNDISTRIBUTED –10,000 TOTAL OPERATION & MAINTENANCE, ARMY RES 3,000,635 2,990,635 OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS 799,854 799,854 020 MODULAR SUPPORT BRIGADES 211,561 211,561 030 ECHELONS ABOVE BRIGADE 835,709 835,709 040 THEATER LEVEL ASSETS 101,179 101,179 050 LAND FORCES OPERATIONS SUPPORT 34,436 34,436 060 AVIATION ASSETS 1,110,416 1,100,416 Unjustified growth [–10,000] 070 FORCE READINESS OPERATIONS SUPPORT 704,827 709,927 CNGB UFR—Weapons of Mass Destruction Civil Support Teams Equipment Sustainment [5,100] 080 LAND FORCES SYSTEMS READINESS 47,886 47,886 090 LAND FORCES DEPOT MAINTENANCE 244,439 244,439 100 BASE OPERATIONS SUPPORT 1,097,960 1,097,960 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 956,988 956,988 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 1,047,870 1,047,870 130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 8,071 8,071 140 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,828 7,828 SUBTOTAL OPERATING FORCES 7,209,024 7,204,124 ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION 8,017 8,017 160 ADMINISTRATION 76,993 81,993 Program increase—State Partnership Program [5,000] 170 SERVICEWIDE COMMUNICATIONS 101,113 101,113 180 MANPOWER MANAGEMENT 8,920 8,920 190 OTHER PERSONNEL SUPPORT 240,292 240,292 200 REAL ESTATE MANAGEMENT 2,850 2,850 SUBTOTAL ADMIN & SRVWD ACTIVITIES 438,185 443,185 UNDISTRIBUTED 998 UNDISTRIBUTED –40,000 Historical unobligated balances [–40,000] SUBTOTAL UNDISTRIBUTED –40,000 TOTAL OPERATION & MAINTENANCE, ARNG 7,647,209 7,607,309 AFGHANISTAN SECURITY FORCES FUND AFGHAN NATIONAL ARMY 010 SUSTAINMENT 1,053,668 0 Program reduction [–1,053,668] 020 INFRASTRUCTURE 1,818 0 Program reduction [–1,818] 030 EQUIPMENT AND TRANSPORTATION 22,911 0 Program reduction [–22,911] 040 TRAINING AND OPERATIONS 31,837 0 Program reduction [–31,837] SUBTOTAL AFGHAN NATIONAL ARMY 1,110,234 0 AFGHAN NATIONAL POLICE 050 SUSTAINMENT 440,628 0 Program reduction [–440,628] 070 EQUIPMENT AND TRANSPORTATION 38,551 0 Program reduction [–38,551] 080 TRAINING AND OPERATIONS 38,152 0 Program reduction [–38,152] SUBTOTAL AFGHAN NATIONAL POLICE 517,331 0 AFGHAN AIR FORCE 090 SUSTAINMENT 562,056 0 Program reduction [–562,056] 110 EQUIPMENT AND TRANSPORTATION 26,600 0 Program reduction [–26,600] 120 TRAINING AND OPERATIONS 169,684 0 Program reduction [–169,684] SUBTOTAL AFGHAN AIR FORCE 758,340 0 AFGHAN SPECIAL SECURITY FORCES 130 SUSTAINMENT 685,176 0 Program reduction [–685,176] 150 EQUIPMENT AND TRANSPORTATION 78,962 0 Program reduction [–78,962] 160 TRAINING AND OPERATIONS 177,767 0 Program reduction [–177,767] SUBTOTAL AFGHAN SPECIAL SECURITY FORCES 941,905 0 TOTAL AFGHANISTAN SECURITY FORCES FUND 3,327,810 0 COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 010 IRAQ 345,000 345,000 020 SYRIA 177,000 177,000 SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 522,000 522,000 TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 522,000 522,000 OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 6,264,654 6,545,054 Navy UFR—Flying hour program - fleet operations [280,400] 020 FLEET AIR TRAINING 2,465,007 2,465,007 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 55,140 55,140 040 AIR OPERATIONS AND SAFETY SUPPORT 197,904 197,904 050 AIR SYSTEMS SUPPORT 1,005,932 1,005,932 060 AIRCRAFT DEPOT MAINTENANCE 1,675,356 1,897,556 Navy UFR—Additional aircraft depot maintenance events [222,200] 070 AIRCRAFT DEPOT OPERATIONS SUPPORT 65,518 65,518 080 AVIATION LOGISTICS 1,460,546 1,460,546 090 MISSION AND OTHER SHIP OPERATIONS 5,858,028 5,893,028 Navy UFR—Resilient Communications and PNT for Combat Logistics Fleet (CLF) [29,000] Navy UFR—Submarine Tender Overhaul [42,000] Unjustified growth [–36,000] 100 SHIP OPERATIONS SUPPORT & TRAINING 1,154,696 1,154,696 110 SHIP DEPOT MAINTENANCE 10,300,078 10,514,878 Navy UFR—A–120 availability [39,800] Retained cruisers [135,000] USS Connecticut emergent repairs [40,000] 120 SHIP DEPOT OPERATIONS SUPPORT 2,188,454 2,188,454 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 1,551,846 1,551,846 140 SPACE SYSTEMS AND SURVEILLANCE 327,251 327,251 150 WARFARE TACTICS 798,082 798,082 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 447,486 447,486 170 COMBAT SUPPORT FORCES 2,250,756 2,282,856 CENTCOM UFR—Naval patrol craft support [47,100] Unjustified growth [–15,000] 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 192,968 192,968 190 COMBATANT COMMANDERS CORE OPERATIONS 61,614 61,614 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 198,596 445,596 INDOPACOM UFR—Critical HQ manpower positions [4,620] INDOPACOM UFR—ISR augmentation [41,000] INDOPACOM UFR—Multi-Domain Training and Experimentation Capability [59,410] Program increase—INDOPACOM Future fusion centers [3,300] Program increase—INDOPACOM Mission Partner Environment [50,170] Program increase—INDOPACOM Pacific Movement Coordination Center [500] Program increase—INDOPACOM Wargaming analytical tools [88,000] 210 MILITARY INFORMATION SUPPORT OPERATIONS 8,984 36,984 Program increase—INDOPACOM Military Information Support Operations [28,000] 220 CYBERSPACE ACTIVITIES 565,926 560,926 Identity, credentialing, and access management reduction [–5,000] 230 FLEET BALLISTIC MISSILE 1,476,247 1,476,247 240 WEAPONS MAINTENANCE 1,538,743 1,513,743 Historical underexecution [–25,000] 250 OTHER WEAPON SYSTEMS SUPPORT 592,357 592,357 260 ENTERPRISE INFORMATION 734,970 690,970 Unjustified growth [–44,000] 270 SUSTAINMENT, RESTORATION AND MODERNIZATION 2,961,937 3,511,937 Program increase—FSRM [550,000] 280 BASE OPERATING SUPPORT 4,826,314 4,816,314 Program decrease [–10,000] SUBTOTAL OPERATING FORCES 51,225,390 52,750,890 MOBILIZATION 290 SHIP PREPOSITIONING AND SURGE 457,015 457,015 300 READY RESERVE FORCE 645,522 645,522 310 SHIP ACTIVATIONS/INACTIVATIONS 353,530 349,030 Historical underexecution [–4,500] 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS 149,384 149,384 330 COAST GUARD SUPPORT 20,639 20,639 SUBTOTAL MOBILIZATION 1,626,090 1,621,590 TRAINING AND RECRUITING 340 OFFICER ACQUISITION 172,913 172,913 350 RECRUIT TRAINING 13,813 13,813 360 RESERVE OFFICERS TRAINING CORPS 167,152 167,152 370 SPECIALIZED SKILL TRAINING 1,053,104 1,053,104 380 PROFESSIONAL DEVELOPMENT EDUCATION 311,209 311,209 390 TRAINING SUPPORT 306,302 306,302 400 RECRUITING AND ADVERTISING 205,219 205,219 410 OFF-DUTY AND VOLUNTARY EDUCATION 79,053 79,053 420 CIVILIAN EDUCATION AND TRAINING 109,754 109,754 430 JUNIOR ROTC 57,323 57,323 SUBTOTAL TRAINING AND RECRUITING 2,475,842 2,475,842 ADMIN & SRVWD ACTIVITIES 440 ADMINISTRATION 1,268,961 1,290,961 Program increase—Naval Audit Service [25,000] Unjustified growth [–3,000] 450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 212,952 212,952 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 562,546 562,546 470 MEDICAL ACTIVITIES 285,436 285,436 480 SERVICEWIDE TRANSPORTATION 217,782 217,782 500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT 479,480 479,480 510 ACQUISITION, LOGISTICS, AND OVERSIGHT 741,045 741,045 520 INVESTIGATIVE AND SECURITY SERVICES 738,187 736,687 Unjustified growth [–1,500] 9999 CLASSIFIED PROGRAMS 607,517 603,477 Classified adjustment [–4,040] SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,113,906 5,130,366 UNDISTRIBUTED 998 UNDISTRIBUTED –58,000 Historical unobligated balances [–58,000] SUBTOTAL UNDISTRIBUTED –58,000 TOTAL OPERATION & MAINTENANCE, NAVY 60,441,228 61,920,688 OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES 1,587,456 1,632,756 Marine Corps UFR—Plate Carrier Gen III [45,300] 020 FIELD LOGISTICS 1,532,630 1,527,630 Unjustified growth [–5,000] 030 DEPOT MAINTENANCE 215,949 215,949 040 MARITIME PREPOSITIONING 107,969 107,969 050 CYBERSPACE ACTIVITIES 233,486 233,486 060 SUSTAINMENT, RESTORATION & MODERNIZATION 1,221,117 1,354,117 Program increase—FSRM [133,000] 070 BASE OPERATING SUPPORT 2,563,278 2,560,278 Unjustified growth [–3,000] SUBTOTAL OPERATING FORCES 7,461,885 7,632,185 TRAINING AND RECRUITING 080 RECRUIT TRAINING 24,729 24,729 090 OFFICER ACQUISITION 1,208 1,208 100 SPECIALIZED SKILL TRAINING 110,752 110,752 110 PROFESSIONAL DEVELOPMENT EDUCATION 61,539 61,539 120 TRAINING SUPPORT 490,975 490,975 130 RECRUITING AND ADVERTISING 223,643 223,643 140 OFF-DUTY AND VOLUNTARY EDUCATION 49,369 49,369 150 JUNIOR ROTC 26,065 26,065 SUBTOTAL TRAINING AND RECRUITING 988,280 988,280 ADMIN & SRVWD ACTIVITIES 160 SERVICEWIDE TRANSPORTATION 100,475 100,475 170 ADMINISTRATION 410,729 410,729 9999 CLASSIFIED PROGRAMS 63,422 63,422 SUBTOTAL ADMIN & SRVWD ACTIVITIES 574,626 574,626 UNDISTRIBUTED 998 UNDISTRIBUTED –10,000 Historical unobligated balances [–10,000] SUBTOTAL UNDISTRIBUTED –10,000 TOTAL OPERATION & MAINTENANCE, MARINE CORPS 9,024,791 9,185,091 OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 628,522 628,522 020 INTERMEDIATE MAINTENANCE 9,593 9,593 030 AIRCRAFT DEPOT MAINTENANCE 135,280 135,280 040 AIRCRAFT DEPOT OPERATIONS SUPPORT 497 497 050 AVIATION LOGISTICS 29,435 29,435 070 COMBAT COMMUNICATIONS 18,469 18,469 080 COMBAT SUPPORT FORCES 136,710 136,710 090 CYBERSPACE ACTIVITIES 440 440 100 ENTERPRISE INFORMATION 26,628 26,628 110 SUSTAINMENT, RESTORATION AND MODERNIZATION 42,311 42,311 120 BASE OPERATING SUPPORT 103,606 103,606 SUBTOTAL OPERATING FORCES 1,131,491 1,131,491 ADMIN & SRVWD ACTIVITIES 130 ADMINISTRATION 1,943 1,943 140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 12,191 12,191 150 ACQUISITION AND PROGRAM MANAGEMENT 3,073 3,073 SUBTOTAL ADMIN & SRVWD ACTIVITIES 17,207 17,207 UNDISTRIBUTED 998 UNDISTRIBUTED –2,500 Historical unobligated balances [–2,500] SUBTOTAL UNDISTRIBUTED –2,500 TOTAL OPERATION & MAINTENANCE, NAVY RES 1,148,698 1,146,198 OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES 102,271 148,171 Marine Corps UFR—Individual combat clothing and equipment [45,900] 020 DEPOT MAINTENANCE 16,811 16,811 030 SUSTAINMENT, RESTORATION AND MODERNIZATION 42,702 42,702 040 BASE OPERATING SUPPORT 109,210 109,210 SUBTOTAL OPERATING FORCES 270,994 316,894 ADMIN & SRVWD ACTIVITIES 050 ADMINISTRATION 14,056 14,056 SUBTOTAL ADMIN & SRVWD ACTIVITIES 14,056 14,056 TOTAL OPERATION & MAINTENANCE, MC RESERVE 285,050 330,950 OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES 706,860 680,530 A–10 aircraft retention [1,670] Unjustified growth [–28,000] 020 COMBAT ENHANCEMENT FORCES 2,382,448 2,346,948 CENTCOM—MQ–9 combat lines [53,000] EUCOM UFR—Air base air defense operations center [1,500] Unjustified growth [–90,000] 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,555,320 1,542,750 A–10 aircraft retention [12,430] Contract adversary air [5,000] Unjustified growth [–30,000] 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 3,661,762 3,707,337 A–10 aircraft retention [65,575] Unjustified growth [–20,000] 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 3,867,114 4,342,114 Program increase—FSRM [475,000] 060 CYBERSPACE SUSTAINMENT 179,568 179,568 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 8,457,653 8,784,538 A–10 aircraft retention [15,885] A–10/F–35 contract maintenance [156,000] Program increase—F–35 sustainment [185,000] Unjustified growth [–30,000] 080 FLYING HOUR PROGRAM 5,646,730 5,699,590 A–10 aircraft retention [52,860] 090 BASE SUPPORT 9,846,037 9,776,037 Unjustified growth [–70,000] 100 GLOBAL C3I AND EARLY WARNING 979,705 988,905 EUCOM—MPE air component battle network [9,200] 110 OTHER COMBAT OPS SPT PROGRAMS 1,418,515 1,399,625 EUCOM UFR—Air base air defense [110] Unjustified growth [–19,000] 120 CYBERSPACE ACTIVITIES 864,761 864,761 150 SPACE CONTROL SYSTEMS 13,223 13,223 160 US NORTHCOM/NORAD 196,774 196,774 170 US STRATCOM 475,015 475,015 180 US CYBERCOM 389,663 416,163 CYBERCOM UFR—Acceleration of cyber intelligence [3,200] Program increase—cyber training [23,300] 190 US CENTCOM 372,354 386,354 CENTCOM UFR—MISO program [24,000] Unjustified growth—OSC-I [–10,000] 200 US SOCOM 28,733 28,733 220 CENTCOM CYBERSPACE SUSTAINMENT 1,289 1,289 230 USSPACECOM 272,601 282,601 SPACECOM UFR—Bridging space protection gaps [10,000] 9999 CLASSIFIED PROGRAMS 1,454,383 1,454,383 SUBTOTAL OPERATING FORCES 42,770,508 43,567,238 MOBILIZATION 240 AIRLIFT OPERATIONS 2,422,784 2,397,784 Unjustified growth [–25,000] 250 MOBILIZATION PREPAREDNESS 667,851 667,851 SUBTOTAL MOBILIZATION 3,090,635 3,065,635 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 156,193 156,193 270 RECRUIT TRAINING 26,072 26,072 280 RESERVE OFFICERS TRAINING CORPS (ROTC) 127,693 127,693 290 SPECIALIZED SKILL TRAINING 491,286 481,286 Unjustified growth [–10,000] 300 FLIGHT TRAINING 718,742 718,742 310 PROFESSIONAL DEVELOPMENT EDUCATION 302,092 302,092 320 TRAINING SUPPORT 162,165 162,165 330 RECRUITING AND ADVERTISING 171,339 171,339 340 EXAMINING 8,178 8,178 350 OFF-DUTY AND VOLUNTARY EDUCATION 236,760 236,760 360 CIVILIAN EDUCATION AND TRAINING 306,602 306,602 370 JUNIOR ROTC 65,940 65,940 SUBTOTAL TRAINING AND RECRUITING 2,773,062 2,763,062 ADMIN & SRVWD ACTIVITIES 380 LOGISTICS OPERATIONS 1,062,709 1,062,709 390 TECHNICAL SUPPORT ACTIVITIES 169,957 169,957 400 ADMINISTRATION 1,005,827 987,327 Unjustified growth [–18,500] 410 SERVICEWIDE COMMUNICATIONS 31,054 31,054 420 OTHER SERVICEWIDE ACTIVITIES 1,470,757 1,470,757 430 CIVIL AIR PATROL 29,128 47,300 Program increase [18,172] 450 INTERNATIONAL SUPPORT 81,118 81,118 9999 CLASSIFIED PROGRAMS 1,391,720 1,391,428 Classified adjustment [–292] SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,242,270 5,241,650 UNDISTRIBUTED 998 UNDISTRIBUTED –150,000 Historical unobligated balances [–150,000] SUBTOTAL UNDISTRIBUTED –150,000 TOTAL OPERATION & MAINTENANCE, AIR FORCE 53,876,475 54,487,585 OPERATION & MAINTENANCE, SPACE FORCE OPERATING FORCES 010 GLOBAL C3I & EARLY WARNING 495,615 495,615 020 SPACE LAUNCH OPERATIONS 185,700 185,700 030 SPACE OPERATIONS 611,269 611,269 040 EDUCATION & TRAINING 22,887 22,887 060 DEPOT MAINTENANCE 280,165 306,165 Program increase—weapon system sustainment [26,000] 070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 213,347 279,647 Space Force UFR—FSRM Cheyenne Mountain Complex [66,300] 080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT 1,158,707 1,246,707 Program increase—weapon system sustainment [94,000] Unjustified growth [–6,000] 090 SPACE OPERATIONS -BOS 143,520 143,520 9999 CLASSIFIED PROGRAMS 172,755 172,755 SUBTOTAL OPERATING FORCES 3,283,965 3,464,265 ADMINISTRATION AND SERVICE WIDE ACTIVITIES 100 ADMINISTRATION 156,747 146,747 Unjustified growth [–10,000] SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES 156,747 146,747 TOTAL OPERATION & MAINTENANCE, SPACE FORCE 3,440,712 3,611,012 OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES 1,665,015 1,636,015 Unjustified growth [–29,000] 020 MISSION SUPPORT OPERATIONS 179,486 179,486 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 530,540 530,540 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 114,987 123,987 Program increase—FSRM [9,000] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 254,831 254,831 060 BASE SUPPORT 470,801 470,801 070 CYBERSPACE ACTIVITIES 1,372 1,372 SUBTOTAL OPERATING FORCES 3,217,032 3,197,032 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 080 ADMINISTRATION 91,289 91,289 090 RECRUITING AND ADVERTISING 23,181 23,181 100 MILITARY MANPOWER AND PERS MGMT (ARPC) 13,966 13,966 110 OTHER PERS SUPPORT (DISABILITY COMP) 6,196 6,196 120 AUDIOVISUAL 442 442 SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 135,074 135,074 UNDISTRIBUTED 998 UNDISTRIBUTED –18,000 Historical unobligated balances [–18,000] SUBTOTAL UNDISTRIBUTED –18,000 TOTAL OPERATION & MAINTENANCE, AF RESERVE 3,352,106 3,314,106 OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS 2,281,432 2,281,432 020 MISSION SUPPORT OPERATIONS 582,848 588,748 CNGB UFR—HRF/CERFP sustainment [5,900] 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,241,318 1,226,318 Unjustified growth [–15,000] 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 353,193 379,193 Program increase—FSRM [26,000] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,077,654 1,067,654 Unjustified growth [–10,000] 060 BASE SUPPORT 908,198 908,198 070 CYBERSPACE SUSTAINMENT 23,895 23,895 080 CYBERSPACE ACTIVITIES 17,263 17,263 SUBTOTAL OPERATING FORCES 6,485,801 6,492,701 ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 090 ADMINISTRATION 46,455 46,455 100 RECRUITING AND ADVERTISING 41,764 41,764 SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 88,219 88,219 UNDISTRIBUTED 998 UNDISTRIBUTED –15,000 Historical unobligated balances [–15,000] SUBTOTAL UNDISTRIBUTED –15,000 TOTAL OPERATION & MAINTENANCE, ANG 6,574,020 6,565,920 OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF 407,240 402,240 Unjustified growth [–5,000] 020 JOINT CHIEFS OF STAFF—CE2T2 554,634 607,734 AFRICOM UFR—Joint Exercise Program [18,000] INDOPACOM UFR—Joint Exercise Program [35,100] 030 JOINT CHIEFS OF STAFF—CYBER 8,098 8,098 050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES 2,044,479 2,047,789 SOCOM—Armored ground mobility systems (AGMS) acceleration [3,310] 060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES 45,851 45,851 070 SPECIAL OPERATIONS COMMAND INTELLIGENCE 1,614,757 1,614,757 080 SPECIAL OPERATIONS COMMAND MAINTENANCE 1,081,869 1,088,210 SOCOM UFR—Modernized forward look sonar [900] SOCOM UFR—Personal signature management acceleration [5,441] 090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS 180,042 180,042 100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT 1,202,060 1,202,060 110 SPECIAL OPERATIONS COMMAND THEATER FORCES 3,175,789 3,175,789 SUBTOTAL OPERATING FORCES 10,314,819 10,372,570 TRAINING AND RECRUITING 130 DEFENSE ACQUISITION UNIVERSITY 171,607 171,607 140 JOINT CHIEFS OF STAFF 92,905 92,905 150 PROFESSIONAL DEVELOPMENT EDUCATION 31,669 31,669 SUBTOTAL TRAINING AND RECRUITING 296,181 296,181 ADMIN & SRVWIDE ACTIVITIES 170 CIVIL MILITARY PROGRAMS 137,311 264,592 Program increase—National Guard Youth Challenge [85,281] Program increase—STARBASE [42,000] 190 DEFENSE CONTRACT AUDIT AGENCY 618,526 606,526 Unjustified growth [–12,000] 200 DEFENSE CONTRACT AUDIT AGENCY—CYBER 3,984 3,984 220 DEFENSE CONTRACT MANAGEMENT AGENCY 1,438,296 1,435,796 Unjustified growth [–2,500] 230 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER 11,999 11,999 240 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY 941,488 931,488 Unjustified growth [–10,000] 260 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER 9,859 9,859 270 DEFENSE HUMAN RESOURCES ACTIVITY 816,168 881,168 DHRA/DSPO—support FY2021 congressional increases [5,000] DHRA/SAPRO—FY2021 baseline restoral [60,000] 280 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER 17,655 17,655 290 DEFENSE INFORMATION SYSTEMS AGENCY 1,913,734 1,934,769 milCloud 2.0 migration [21,035] 310 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER 530,278 612,378 Program increase—hardening DOD networks [62,100] Program increase—securing the Department of Defense Information Network [20,000] 350 DEFENSE LEGAL SERVICES AGENCY 229,498 229,498 360 DEFENSE LOGISTICS AGENCY 402,864 407,664 Program increase—Procurement Technical Assistance Program [4,800] 370 DEFENSE MEDIA ACTIVITY 222,655 222,655 380 DEFENSE PERSONNEL ACCOUNTING AGENCY 130,174 155,174 DPAA (POW/MIA)—support FY2021 congressional increases [25,000] 390 DEFENSE SECURITY COOPERATION AGENCY 2,067,446 1,922,157 Program increase [104,711] Transfer to Ukraine Security Assistance [–250,000] 420 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 39,305 39,305 440 DEFENSE THREAT REDUCTION AGENCY 885,749 885,749 460 DEFENSE THREAT REDUCTION AGENCY—CYBER 36,736 36,736 470 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 3,138,345 3,208,345 Program increase—Impact Aid [50,000] Program increase—Impact Aid for children with severe disabilities [20,000] 490 MISSILE DEFENSE AGENCY 502,450 502,450 530 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION—OSD 89,686 104,686 Program increase—Defense Community Infrastructure Program [15,000] 540 OFFICE OF THE SECRETARY OF DEFENSE 1,766,614 1,844,114 Bien Hoa dioxin cleanup [15,000] Cost Assessment Data Enterprise [3,500] Military working dog pilot program [10,000] National Commission on Synthetic Biology [10,000] Office of the Secretary of Defense civilian workforce [9,000] Personnel in the Office of Assistant Secretary of Defense Sustainment and Environment, Safety, and Occupational Health [3,000] Program increase—Afghanistan War Commission [5,000] Program increase—CDC water contamination study and assessment [15,000] Program increase—Commission on Planning, Programming, Budgeting, and Execution Reform [5,000] Program increase—Commission on the National Defense Strategy [5,000] Program increase—Commission on the Strategic Posture of the U.S. [7,000] Unjustified growth—non-pay [–10,000] 550 OFFICE OF THE SECRETARY OF DEFENSE—CYBER 32,851 32,851 560 SPACE DEVELOPMENT AGENCY 53,851 53,851 570 WASHINGTON HEADQUARTERS SERVICES 369,698 364,698 Unjustified growth [–5,000] 999 CLASSIFIED PROGRAMS 17,900,146 17,833,213 Classified adjustment [–66,933] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 34,307,366 34,553,360 UNDISTRIBUTED 998 UNDISTRIBUTED 490,304 Depot capital investment [500,000] Program reduction—SOCOM unjustified increase in management and headquarters expenses [–9,696] SUBTOTAL UNDISTRIBUTED 490,304 TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 44,918,366 45,712,415 MISCELLANEOUS APPROPRIATIONS US COURT OF APPEALS FOR THE ARMED FORCES, DEF 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 15,589 15,589 SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF 15,589 15,589 TOTAL MISCELLANEOUS APPROPRIATIONS 15,589 15,589 MISCELLANEOUS APPROPRIATIONS OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 110,051 150,051 Program increase [40,000] SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 110,051 150,051 TOTAL MISCELLANEOUS APPROPRIATIONS 110,051 150,051 MISCELLANEOUS APPROPRIATIONS COOPERATIVE THREAT REDUCTION ACCOUNT 010 COOPERATIVE THREAT REDUCTION 239,849 344,849 Program increase—Biological Threat Reduction Program [105,000] SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT 239,849 344,849 TOTAL MISCELLANEOUS APPROPRIATIONS 239,849 344,849 MISCELLANEOUS APPROPRIATIONS ACQUISITION WORKFORCE DEVELOPMENT 010 ACQ WORKFORCE DEV FD 54,679 54,679 SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 54,679 54,679 TOTAL MISCELLANEOUS APPROPRIATIONS 54,679 54,679 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, ARMY 050 ENVIRONMENTAL RESTORATION, ARMY 200,806 299,606 Program increase for PFAS [98,800] SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY 200,806 299,606 TOTAL MISCELLANEOUS APPROPRIATIONS 200,806 299,606 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, NAVY 060 ENVIRONMENTAL RESTORATION, NAVY 298,250 465,550 Program increase for PFAS [167,300] SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY 298,250 465,550 TOTAL MISCELLANEOUS APPROPRIATIONS 298,250 465,550 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, AIR FORCE 070 ENVIRONMENTAL RESTORATION, AIR FORCE 301,768 476,768 Program increase for PFAS [175,000] SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE 301,768 476,768 TOTAL MISCELLANEOUS APPROPRIATIONS 301,768 476,768 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, DEFENSE 080 ENVIRONMENTAL RESTORATION, DEFENSE 8,783 10,979 Program increase [2,196] SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE 8,783 10,979 TOTAL MISCELLANEOUS APPROPRIATIONS 8,783 10,979 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION FORMERLY USED SITES 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 218,580 292,580 Program increase for PFAS [74,000] SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES 218,580 292,580 TOTAL MISCELLANEOUS APPROPRIATIONS 218,580 292,580 UKRAINE SECURITY ASSISTANCE UKRAINE SECURITY ASSISTANCE 010 UKRAINE SECURITY ASSISTANCE 300,000 Program increase [50,000] Transfer from Defense Security Cooperation Agency [250,000] TOTAL UKRAINE SECURITY ASSISTANCE 300,000 TOTAL OPERATION & MAINTENANCE 253,623,852 255,404,231 4401. Military personnel SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) Item FY 2022 Request Conference Authorized Military Personnel Appropriations 157,947,920 157,567,460 ARNG CBRN Response Forces Readiness [9,200] Manpower costs associated with retaining two cruisers [45,000] A–10/F–35 Active duty maintainers [93,000] Military personnel historical underexecution [–527,660] Medicare-Eligible Retiree Health Care Fund Contributions 9,337,175 9,337,175 TOTAL, Military Personnel 167,285,095 166,904,635 4501. Other authorizations SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) Program Title FY 2022 Request Conference Authorized WORKING CAPITAL FUND, ARMY ARMY ARSENALS INITIATIVE 26,935 26,935 ARMY SUPPLY MANAGEMENT 357,776 357,776 TOTAL WORKING CAPITAL FUND, ARMY 384,711 384,711 WORKING CAPITAL FUND, NAVY SUPPLY MANAGEMENT—NAVY 150,000 150,000 TOTAL WORKING CAPITAL FUND, NAVY 150,000 150,000 WORKING CAPITAL FUND, AIR FORCE SUPPLY MANAGEMENT 77,453 77,453 TOTAL WORKING CAPITAL FUND, AIR FORCE 77,453 77,453 WORKING CAPITAL FUND, DEFENSE-WIDE ENERGY MANAGEMENT—DEFENSE 40,000 40,000 SUPPLY CHAIN MANAGEMENT—DEFENSE 87,765 87,765 TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 127,765 127,765 WORKING CAPITAL FUND, DECA COMMISSARY OPERATIONS 1,162,071 1,162,071 TOTAL WORKING CAPITAL FUND, DECA 1,162,071 1,162,071 CHEM AGENTS & MUNITIONS DESTRUCTION CHEM DEMILITARIZATION—O&M 93,121 93,121 CHEM DEMILITARIZATION—RDT&E 1,001,231 1,001,231 TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION 1,094,352 1,094,352 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF COUNTER-NARCOTICS SUPPORT 593,250 593,250 DRUG DEMAND REDUCTION PROGRAM 126,024 126,024 NATIONAL GUARD COUNTER-DRUG PROGRAM 96,970 96,970 NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,664 5,664 TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 821,908 821,908 OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL 434,700 434,700 OFFICE OF THE INSPECTOR GENERAL—CYBER 1,218 1,218 OFFICE OF THE INSPECTOR GENERAL—RDTE 2,365 2,365 OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT 80 80 TOTAL OFFICE OF THE INSPECTOR GENERAL 438,363 438,363 DEFENSE HEALTH PROGRAM IN-HOUSE CARE 9,720,004 9,587,742 Assumptions for care [–27,800] Excess funding for capability replacement [–104,462] PRIVATE SECTOR CARE 18,092,679 18,068,879 Unjustified support services growth [–23,800] CONSOLIDATED HEALTH SUPPORT 1,541,122 1,556,522 Assumptions for care [–14,600] Program increase: Anomalous health incidents care capacity [30,000] INFORMATION MANAGEMENT 2,233,677 2,233,677 MANAGEMENT ACTIVITIES 335,138 335,138 EDUCATION AND TRAINING 333,234 333,234 BASE OPERATIONS/COMMUNICATIONS 1,926,865 1,921,865 Program decrease [–5,000] R&D RESEARCH 9,091 9,091 R&D EXPLORATRY DEVELOPMENT 75,463 75,463 R&D ADVANCED DEVELOPMENT 235,556 235,556 R&D DEMONSTRATION/VALIDATION 142,252 142,252 R&D ENGINEERING DEVELOPMENT 101,054 101,054 R&D MANAGEMENT AND SUPPORT 49,645 49,645 R&D CAPABILITIES ENHANCEMENT 17,619 17,619 UNDISTRIBUTED RDT&E 12,500 Combat triple negative breast cancer [10,000] Post-traumatic stress disorder [2,500] PROC INITIAL OUTFITTING 20,926 20,926 PROC REPLACEMENT & MODERNIZATION 250,366 250,366 PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER 72,302 72,302 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION 435,414 435,414 TOTAL DEFENSE HEALTH PROGRAM 35,592,407 35,459,245 TOTAL OTHER AUTHORIZATIONS 39,849,030 39,715,868 4601. Military construction SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Account State/Country and Installation Project Title FY 2022 Request Conference Authorized Alabama Army Fort Rucker AIT Barracks Complex 0 66,000 Army Redstone Arsenal Propulsion Systems Lab 55,000 55,000 Belgium Army Shape Headquarters Command and Control Facility 16,000 16,000 California Army Fort Irwin Simulations Center 52,000 52,000 Georgia Army Fort Gordon Cyber Center of Excellence School Headquarters and Classrooms (P&D) 0 3,670 Army Fort Gordon Cyber Instructional Fac (Admin/Cmd), Inc. 2 69,000 69,000 Army Fort Stewart Barracks 0 105,000 Germany Army East Camp Grafenwoehr EDI: Barracks and Dining Facility 103,000 103,000 Army Smith Barracks Indoor Small Arms Range 17,500 17,500 Army Smith Barracks Live Fire Exercise Shoothouse 16,000 16,000 Hawaii Army Fort Shafter Ctc—Command and Control Facility 0 55,000 Army Wheeler Army Airfield Rotary Wing Parking Apron 0 56,000 Army Wheeler Army Airfield Aviation Unit OPS Building 0 84,000 Army West Loch Nav Mag Annex Ammunition Storage 51,000 51,000 Kansas Army Fort Leavenworth Child Development Center 0 34,000 Kentucky Army Fort Knox Child Development Center 0 27,000 Louisiana Army Fort Polk Joint Operations Center 55,000 55,000 Army Fort Polk Barracks 0 56,000 Maryland Army Aberdeen Proving Ground Moving Target Simulator (Combat Systems Simulation Laboratory) 0 0 Army Fort Detrick Medical Waste Incinerator 0 23,981 Army Fort Detrick USAMRMC Headquarters 0 0 Army Fort Meade Barracks 81,000 81,000 Mississippi Army Engineer Research and Development Center Communications Center 0 0 Army Engineer Research and Development Center Rtd&e (Risk Lab) 0 0 Missouri Army Fort Leonard Wood Advanced Individual Training Battalion Complex (P&D) 0 4,000 New Jersey Army Picatinny Arsenal Igloo Storage, Installation 0 0 New Mexico Army White Sands Missile Range Missile Assembly Support Facility 0 29,000 New York Army Fort Hamilton Information Systems Facility 26,000 26,000 Army West Point Military Reservation Ctc—Engineering Center 0 17,200 Army Watervliet Arsenal Access Control Point 20,000 20,000 Pennsylvania Army Letterkenny Army Depot Fire Station 21,000 21,000 South Carolina Army Fort Jackson Reception Barracks Complex, Ph2, Inc. 2 34,000 34,000 Army Fort Jackson Ctc- Reception Barracks, Ph1 0 21,000 Texas Army Camp Bullis Ctc- Vehicle Maintenance Shop 0 16,400 Army Fort Hood Barracks 0 61,000 Army Fort Hood Barracks 0 69,000 Virginia Army Joint Base Langley-Eustis AIT Barracks Complex, Ph4 0 16,000 Worldwide Classified Army Classified Location Forward Operating Site 31,000 31,000 Worldwide Unspecified Army Unspecified Worldwide Locations Host Nation Support 27,000 27,000 Army Unspecified Worldwide Locations Minor Construction 35,543 35,543 Army Unspecified Worldwide Locations Planning and Design 124,649 134,649 Army Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 45,000 Army Worldwide Various Locations Cost to Complete—Unspecified Minor Construction 0 69,000 Military Construction, Army Total 834,692 1,727,943 Arizona Navy Marine Corps Air Station Yuma Combat Training Tank Complex 0 29,300 Navy Marine Corps Air Station Yuma Bachelor Enlisted Quarters 0 0 California Navy Marine Corps Base Camp Pendleton I MEF Consolidated Information Center Inc. 19,869 19,869 Navy Marine Corps Base Camp Pendleton Warehouse Replacement 0 22,200 Navy Marine Corps Base Camp Pendleton Basilone Road Realignment 0 0 Navy Marine Corps Air Station Miramar F–35 Centralized Engine Repair Facility 0 31,400 Navy Marine Corps Air Station Miramar Aircraft Maintenance Hangar 0 185,991 Navy Naval Air Station Lemoore F–35C Hangar 6 Phase 2 (Mod 3/4) Inc. 75,070 50,000 Navy Marine Corps Air Ground Combat Center Cost to Complete—Wastewater Treatment Plant 0 45,000 Navy Naval Base Ventura County Combat Vehicle Maintenance Facility 0 48,700 Navy Naval Base Ventura County MQ–25 Aircraft Maintenance Hangar 0 125,291 Navy Naval Base Coronado CMV–22B Aircraft Maintenance Hangar 0 63,600 Navy Marine Corps Base Camp Pendleton CLB MEU Complex 0 83,900 Navy Marine Corps Reserve Depot San Diego Recruit Mess Hall Replacement 0 93,700 Navy Naval Information Warfare Center Pacific Reconfigurable Cyber Laboratory 0 0 Navy Naval Weapons Station Seal Beach Missile Magazines Inc. 10,840 10,840 Navy Naval Base San Diego Pier 6 Replacement Inc. 50,000 50,000 Navy San Nicholas Island Directed Energy Weapons Test Facilities 19,907 19,907 District of Columbia Navy Naval Research Laboratory Electromagnetic & Cyber Countermeasures Laboratory 0 0 Navy Naval Research Laboratory Biomolecular Science & Synthetic Biology Laboratory 0 0 El Salvador Navy Cooperative Security Location Comalapa Hangar and Ramp Expansion 0 0 Florida Navy Naval Air Station Jacksonville Planning and Design for Lighterage and Small Craft 0 7,000 Navy Naval Surface Warfare Center Panama City Division Unmanned Vehicle Littoral Combat Space 0 0 Navy Naval Surface Warfare Center Panama City Division Mine Warfare RDT&E Facility 0 0 Navy Naval Undersea Warfare Center Panama City Division AUTEC Pier Facility 1902 0 37,980 Navy Marine Corps Support Facility Blount Island Lighterage and Small Craft Facility 0 69,400 Navy Naval Undersea Warfare Center Panama City Division Array Calibration Facility 0 0 Greece Navy Naval Support Activity Souda Bay EDI: Joint Mobility Processing Center 41,650 41,650 Guam Navy Andersen Air Force Base Aviation Admin Building 50,890 50,890 Navy Joint Region Marianas 4th Marines Regiment Facilities 109,507 65,000 Navy Joint Region Marianas Bachelor Enlisted Quarters H Inc. 43,200 43,200 Navy Joint Region Marianas Combat Logistics Batallion–4 Facility 92,710 49,710 Navy Joint Region Marianas Consolidated Armory 43,470 43,470 Navy Joint Region Marianas Infantry Battalion Company HQ 44,100 44,100 Navy Joint Region Marianas Joint Communication Upgrade Inc. 84,000 84,000 Navy Joint Region Marianas Marine Expeditionary Brigade Enablers 66,830 66,830 Navy Joint Region Marianas Principal End Item (PEI) Warehouse 47,110 47,110 Navy Joint Region Marianas X-Ray Wharf Berth 2 103,800 51,900 Hawaii Navy Marine Corps Training Area Bellows Perimeter Security Fence 0 6,220 Navy Marine Corps Base Kaneohe Bachelor Enlisted Quarters, Ph 2 Inc, 0 101,200 Navy Marine Corps Base Kaneohe Electrical Distribution Modernization 0 64,500 Indiana Navy Naval Surface Warfare Center Crane Division Strategic Systems Engineering & Hardware Assurance Center 0 0 Navy Naval Surface Warfare Center Crane Division Corporate Operations and Training Center 0 0 Navy Naval Surface Warfare Center Crane Division Anti-Ship Missile Defense Life Cycle Integration and Test Center 0 0 Japan Navy Fleet Activities Yokosuka Pier 5 (Berths 2 and 3) Inc. 15,292 15,292 Navy Fleet Activities Yokosuka Ship Handling & Combat Training Facilities 49,900 49,900 Maine Navy Naval Support Activity Cutler Firehouse (P&D) 0 2,500 Navy Portsmouth Naval Shipyard Multi-Mission Drydock #1 Extension Inc. 250,000 250,000 Navy Portsmouth Naval Shipyard Multi-Mission Drydock #1 Extension Inc.—Navy #1 Ufr 0 0 Maryland Navy Naval Air Station Patuxent River Planning and Design for Aircraft Prototyping Facility, Ph 3 0 1,500 Navy Naval Air Warfare Center Aircraft Division Aircraft Prototyping Facility, Ph 3 0 0 Navy Naval Air Warfare Center Aircraft Division Rotary Wing T&E Hangar Replacement 0 0 Navy Naval Surface Warfare Center Carderock Division Ship Systems Design & Integration Facility 0 0 Navy Naval Surface Warfare Center Carderock Division ARD Range Craft Berthing Facility 0 0 Navy Naval Surface Warfare Center Carderock Division Navy Combatant Craft Laboratory 0 0 Navy Naval Surface Warfare Center Indian Head Planning and Design for Contained Burn Facility 0 1,500 Navy Naval Surface Warfare Center Indian Head Energetic Systems and Technology Laboratory Complex, Ph 2 0 0 Navy Naval Surface Warfare Center Indian Head Contained Burn Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetic Chemical Scale-up Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetics Prototyping Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetic Systems and Technology Laboratory Complex, Ph 3 0 0 Nevada Navy Naval Air Station Fallon Training Range Land Acquisition—Ph 2 48,250 0 North Carolina Navy Marine Corps Base Camp Lejeune Cost to Complete—Water Treatment Plant Replacement Hadnot Pt 0 64,200 Navy Marine Corps Base Camp Lejeune II MEF Operations Center Replacement Inc. 42,200 42,200 Navy Marine Corps Air Station Cherry Point Aircraft Maintenance Hangar 207,897 57,897 Navy Marine Corps Air Station Cherry Point F–35 Flightline Utilities Modernization Ph 2 113,520 30,000 Navy Marine Corps Air Station Cherry Point F–35 Joint Strike Fighter Sustainment Center (P–993) (P&D) 0 10,000 Navy Marine Corps Air Station Cherry Point Ctc—ATC Tower and Airfield Operations 0 18,700 Navy Marine Corps Air Station New River Maintenance Hangar (P&D) 0 13,300 Navy Marine Corps Air Station New River Aircraft Maintenance Hangar Addition/Alteration (P&D) 0 2,700 Pennsylvania Navy Naval Surface Warfare Center Philadelphia Division Machinery Control Development Center 0 77,290 Navy Naval Surface Warfare Center Philadelphia Division Machinery Integration Lab, Ph 1 0 0 Navy Naval Surface Warfare Center Philadelphia Division Power & Energy Tech Systems Integration Lab 0 0 Poland Navy Redzikowo AEGIS Ashore Barracks Planning and Design 0 0 Rhode Island Navy Naval Station Newport Next Generation Torpedo Integration Lab (P&D) 0 1,200 Navy Naval Station Newport Submarine Payloads Integration Laboratory (P&D) 0 1,400 Navy Naval Station Newport Consolidated RDT&E Systems Facility (P&D) 0 1,700 Navy Naval Station Newport Next Generation Secure Submarine Platform Facility (P&D) 0 4,000 Navy Naval Undersea Warfare Center Newport Division Next Generation Secure Submarine Platform Facility 0 0 Navy Naval Undersea Warfare Center Newport Division Next Generation Torpedo Integration Lab 0 0 Navy Naval Undersea Warfare Center Newport Division Submarine Payloads Integration Facility 0 0 Navy Naval Undersea Warfare Center Newport Division Consolidation RDT&E Systems Facility 0 0 South Carolina Navy Marine Corps Air Station Beaufort Instrument Landing System 0 3,000 Navy Marine Corps Air Station Beaufort F–35 Operational Support Facility 0 4,700 Navy Marine Corps Air Station Beaufort Ctc—Recycling/Hazardous Waste Facility 0 5,000 Navy Marine Corps Air Station Beaufort Aircraft Maintenance Hangar 0 122,600 Navy Marine Corps Reserve Depot Parris Island Entry Control Facility 0 6,000 Spain Navy Naval Station Rota EDI: Explosive Ordnance Disposal (EOD) Mobile Unit Facilities 0 85,600 Texas Navy Naval Air Station Kingsville Planning and Design for Fire Rescue Safety Center 0 2,500 Virginia Navy Naval Station Norfolk CMV–22 Aircraft Maintenance Hangar and Airfield Improvement 0 75,100 Navy Naval Station Norfolk Submarine Pier 3 Inc. 88,923 43,923 Navy Naval Surface Warfare Center Dahlgren Division Cyber Threat & Weapon Systems Engineering Complex 0 0 Navy Naval Surface Warfare Center Dahlgren Division High Powered Electric Weapons Laboratory 0 0 Navy Norfolk Naval Shipyard Dry Dock Saltwater System for CVN–78 156,380 30,000 Navy Marine Corps Base Quantico Vehicle Inspection and Visitor Control Center 42,850 42,850 Navy Marine Corps Base Quantico Wargaming Center Inc. 30,500 30,500 Navy Naval Weapons Station Yorktown Navy Munitions Command (Nmc) Ordnance Facilities Recap, Phase 2 0 93,500 Worldwide Unspecified Navy Unspecified Worldwide Locations Planning and Design 363,252 413,252 Navy Unspecified Worldwide Locations Shipyard Investment Optimization Program 0 225,000 Navy Unspecified Worldwide Locations Shipyard Investment Optimization Program—Planning and Design 0 62,820 Navy Unspecified Worldwide Locations Unspecified Minor Construction 56,435 56,435 Navy Worldwide Various Locations PDI: Planning and Design Unfunded Requirement 0 68,200 Navy Worldwide Various Locations Unspecified Minor Construction 0 75,000 Navy Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 50,000 Military Construction, Navy Total 2,368,352 3,895,117 Alaska AF Eielson Air Force Base Contaminated Soil Removal 0 44,850 AF Joint Base Elmendorf-Richardson Extend Runway 16/34, Inc. 1 79,000 79,000 Arizona AF Davis-Monthan Air Force Base South Wilmot Gate 13,400 13,400 AF Luke Air Force Base F–35A ADAL AMU Facility Squadron #6 28,000 28,000 AF Luke Air Force Base F–35A Squadron Operations Facility #6 21,000 21,000 Australia AF Royal Australian Air Force Base Darwin Squadron Operations Facility 7,400 7,400 AF Royal Australian Air Force Base Tindal Aircraft Maintenance Support Facility 6,200 6,200 AF Royal Australian Air Force Base Tindal Squadron Operations Facility 8,200 8,200 California AF Edwards Air Force Base Flight Test Engineering Lab Complex 4,000 4,000 AF Edwards Air Force Base Upgrade Munitions Complex 0 0 AF Edwards Air Force Base Rocket Engineering, Analysis, and Collaboration Hub (Reach) 0 0 AF Vandenberg Space Force Base GBSD Re-Entry Vehicle Facility 48,000 48,000 AF Vandenberg Space Force Base GBSD Stage Processing Facility 19,000 19,000 Colorado AF Schriever Space Force Base ADAL Fitness Center 0 30,000 AF United States Air Force Academy Add High Bay Vehicle Maintenance 0 4,360 AF United States Air Force Academy Cadet Prep School Dormitory 0 0 District of Columbia AF Joint Base Anacostia Bolling Joint Air Defense Operations Center Ph 2 24,000 24,000 Florida AF Eglin Air Force Base Weapons Technology Integration Center (P&D) 0 40,000 AF Eglin Air Force Base HC-Blackfyre Facilities 0 0 AF Eglin Air Force Base JADC2 & Abms Test Facility 0 0 AF Eglin Air Force Base F–35A Development/Operational Test 2–Bay Hangar (P&D) 0 4,000 AF Eglin Air Force Base Ctc—Advanced Munitions Technology Complex 0 35,000 AF Eglin Air Force Base Integrated Control Facility 0 0 AF Eglin Air Force Base F–35A Development Test 2–Bay MX Hangar 0 0 AF Eglin Air Force Base Flightline Fire Station at Duke Field 0 14,000 Georgia AF Moody Air Force Base 41 Rqs Hh–60w Apron 0 0 Germany AF Spangdahlem Air Base F/a–22 LO/Composite Repair Facility 22,625 22,625 Guam AF Joint Region Marianas Airfield Damage Repair Warehouse 30,000 30,000 AF Joint Region Marianas Hayman Munitions Storage Igloos, MSA2 9,824 9,824 AF Joint Region Marianas Munitions Storage Igloos IV 55,000 55,000 Hawaii AF Maui Experimental Site #3 Secure Integration Support Lab W/ Land Acquisition (P&D) 0 8,800 Hungary AF Kecskemet Air Base EDI: Construct Airfield Upgrades 20,564 20,564 AF Kecskemet Air Base EDI: Construct Parallel Taxiway 38,650 38,650 Italy AF Aviano Air Force Base Area A1 Entry Control Point 0 10,200 Japan AF Kadena Air Base Airfield Damage Repair Storage Facility 38,000 38,000 AF Kadena Air Base Helicopter Rescue OPS Maintenance Hangar 168,000 35,000 AF Kadena Air Base Replace Munitions Structures 26,100 26,100 AF Misawa Air Base Airfield Damage Repair Facility 25,000 25,000 AF Yokota Air Base C–130J Corrosion Control Hangar 67,000 67,000 AF Yokota Air Base Airfield Damage Repair Warehouse 0 39,000 AF Yokota Air Base Construct CATM Facility 25,000 25,000 Louisiana AF Barksdale Air Force Base Weapons Generation Facility, Inc. 1 40,000 40,000 AF Barksdale Air Force Base New Entrance Road and Gate Complex—Ctc 0 36,000 Maryland AF Joint Base Andrews Fire Crash Rescue Station 26,000 26,000 AF Joint Base Andrews Military Working Dog Kennel—Ctc 0 10,000 Massachusetts AF Hanscom Air Force Base NC3 Acquisitions Management Facility 66,000 66,000 Nebraska AF Offutt Air Force Base Replace Trestle F312 0 0 Nevada AF Creech Air Force Base Warrior Fitness Training Center (P&D) 0 2,200 AF Creech Air Force Base Mission Support Facility 0 14,200 New Mexico AF Cannon Air Force Base 192 Bed Dormitory (P&D) 0 5,568 AF Cannon Air Force Base Deployment Processing Center (P&D) 0 5,976 AF Holloman Air Force Base Indoor Target Flip Facility (P&D) 0 2,340 AF Holloman Air Force Base RAMS Indoor Target Flip Facility 0 0 AF Holloman Air Force Base Holloman High Speed Test Track Recapitalization 0 0 AF Holloman Air Force Base ADAL Fabrication Shop 0 0 AF Holloman Air Force Base MQ–9 Formal Training Unit Operations Facility 0 0 AF Kirtland Air Force Base Dedicated Facility for the Space Rapid Capabilities Office (P&D) 0 5,280 AF Kirtland Air Force Base Ctc—Wyoming Gate Antiterrorism Compliance 0 5,600 AF Kirtland Air Force Base Pj/Cro Urban Training Complex (P&D) 0 810 AF Kirtland Air Force Base High Power Electromagnetic (HPEM) Laboratory 0 0 AF Kirtland Air Force Base Laser Effects & Simulation Laboratory 0 0 AF Kirtland Air Force Base ADAL Systems & Engineering Lab 0 0 New Jersey AF Joint Base McGuire-Dix-Lakehurst SFS OPS Confinement Facility (P&D) 0 450 Ohio AF Wright-Patterson Air Force Base Child Development Center 0 24,000 AF Wright-Patterson Air Force Base Human Performance Wing Laboratory 0 0 AF Wright-Patterson Air Force Base Bionatronics Research Center Laboratory 0 0 Oklahoma AF Tinker Air Force Base KC–46A 3–Bay Depot Maintenance Hangar 160,000 60,000 South Carolina AF Joint Base Charleston Flightline Support Facility 0 29,000 AF Joint Base Charleston Fire and Rescue Station 0 30,000 South Dakota AF Ellsworth Air Force Base B–21 2–Bay LO Restoration Facility, Inc. 2 91,000 41,000 AF Ellsworth Air Force Base B–21 ADAL Flight Simulator 24,000 24,000 AF Ellsworth Air Force Base B–21 Field Training Detachment Facility 47,000 47,000 AF Ellsworth Air Force Base B–21 Formal Training Unit/AMU 70,000 70,000 AF Ellsworth Air Force Base B–21 Mission Operations Planning Facility 36,000 36,000 AF Ellsworth Air Force Base B–21 Washrack & Maintenance Hangar 65,000 65,000 Spain AF Moron Air Base EDI-Hot Cargo Pad 8,542 8,542 Tennessee AF Arnold Air Force Base Cooling Water Expansion, Rowland Creek 0 0 AF Arnold Air Force Base Add/Alter Test Cell Delivery Bay 0 14,600 AF Arnold Air Force Base Primary Pumping Station Upgrades 0 0 Texas AF Joint Base San Antonio BMT Recruit Dormitory 7 141,000 40,000 AF Joint Base San Antonio BMT Recruit Dormitory 8, Inc. 3 31,000 31,000 AF Joint Base San Antonio—Fort Sam Houston Child Development Center 0 29,000 AF Joint Base San Antonio—Fort Sam Houston Directed Energy Research Center 0 0 AF Joint Base San Antonio—Lackland Air Force Base Child Development Center 0 29,000 AF Sheppard Air Force Base Child Development Center 20,000 20,000 United Kingdom AF Royal Air Force Fairford EDI: Construct DABS-FEV Storage 94,000 94,000 AF Royal Air Force Lakenheath F–35A Child Development Center 0 24,000 AF Royal Air Force Lakenheath F–35A Munition Inspection Facility 31,000 31,000 AF Royal Air Force Lakenheath F–35 ADAL Conventional Munitions MX 0 4,500 AF Royal Air Force Lakenheath F–35A Weapons Load Training Facility 49,000 49,000 Utah AF Hill Air Force Base GBSD Organic Software Sustainment Ctr, Inc. 2 31,000 31,000 Virginia AF Joint Base Langley-Eustis Fuel Systems Maintenance Dock 0 24,000 Worldwide Unspecified AF Various Worldwide Locations EDI: Planning & Design 648 10,648 AF Various Worldwide Locations PDI: Planning & Design 27,200 47,200 AF Various Worldwide Locations Planning & Design 201,453 201,453 AF Various Worldwide Locations Intelligence, Surveillance, and Reconnaissance Infrastructure Planning and Design 0 20,000 AF Various Worldwide Locations Cost to Complete—Natural Disaster Conus-Based Projects 0 100,000 AF Various Worldwide Locations EDI: UMMC 0 15,000 AF Various Worldwide Locations Unspecified Minor Military Construction 58,884 58,884 AF Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 75,000 Military Construction, Air Force Total 2,102,690 2,485,424 Alabama Def-Wide Fort Rucker 10 MW RICE Generator Plant and Microgrid Controls 0 24,000 Def-Wide Redstone Arsenal Msic Advanced Analysis Facility Phase 1 (Inc) 0 25,000 Belgium Def-Wide Chievres Air Force Base Europe West District Superintendent's Office 15,000 15,000 California Def-Wide Marine Corps Base Camp Pendleton Veterinary Treatment Facility Replacement 13,600 13,600 Def-Wide Silver Strand Training Complex SOF ATC Operations Support Facility 21,700 21,700 Def-Wide Silver Strand Training Complex SOF NSWG11 Operations Support Facility 12,000 12,000 Def-Wide Marine Corps Air Station Miramar Additional LFG Power Meter Station 0 4,054 Def-Wide Naval Air Weapons Station China Lake Solar Energy Storage System 0 9,120 Def-Wide Naval Amphibious Base Coronado Ctc- SOF Training Command 0 20,500 Colorado Def-Wide Buckley Air Force Base JCC Expansion 20,000 20,000 District of Columbia Def-Wide Joint Base Anacostia-Bolling DIA HQ Cooling Towers and Cond Pumps 0 2,257 Def-Wide Joint Base Anacostia-Bolling PV Carports 0 29,004 Florida Def-Wide MacDill Air Force Base Transmission and Switching Stations 0 22,000 Georgia Def-Wide Fort Benning 4.8 MW Generation and Microgrid 0 17,593 Def-Wide Fort Benning SOF Battalion Headquarters Facility 62,000 62,000 Def-Wide Fort Stewart 10 MW Generation Plant, With Microgrid Controls 0 22,000 Def-Wide Kings Bay Naval Submarine Base Electrical Transmission and Distribution 0 19,314 Germany Def-Wide Ramstein Air Base Ramstein Middle School 93,000 13,000 Guam Def-Wide Polaris Point Submarine Base Inner Apra Harbor Resiliency Upgrades Ph1 0 38,300 Hawaii Def-Wide Hdr-Hawaii Homeland Defense Radar (P&D) 0 9,000 Def-Wide Joint Base Pearl Harbor-Hickam Veterinary Treatment Facility Replacement 29,800 29,800 Idaho Def-Wide Mountain Home Air Force Base Water Treatment Plant and Pump Station 0 33,800 Japan Def-Wide Marine Corps Air Base Iwakuni Fuel Pier 57,700 57,700 Def-Wide Kadena Air Base Operations Support Facility 24,000 24,000 Def-Wide Kadena Air Base Truck Unload Facilities 22,300 22,300 Def-Wide Misawa Air Base Additive Injection Pump and Storage Sys 6,000 6,000 Def-Wide Naval Air Facility Atsugi Smart Grid for Utility and Facility Controls 0 3,810 Def-Wide Yokota Air Base Hangar/AMU 108,253 31,653 Kuwait Def-Wide Camp Arifjan Microgrid Controller, 1.25 MW Solar PV, and 1.5 MWH Battery 0 15,000 Maryland Def-Wide Bethesda Naval Hospital MEDCEN Addition / Alteration, Inc. 5 153,233 153,233 Def-Wide Fort Meade NSAW Mission OPS and Records Center Inc. 1 94,000 94,000 Def-Wide Fort Meade NSAW Recap Building 4, Inc. 1 104,100 104,100 Def-Wide Fort Meade SOF Operations Facility 100,000 75,000 Michigan Def-Wide Camp Grayling 650 KW Gas-Fired Micro-Turbine Generation System 0 5,700 Mississippi Def-Wide Camp Shelby 10 MW Generation Plant an Feeder Level Microgrid System 0 34,500 Def-Wide Camp Shelby Electrical Distribution Infrastructure Undergrounding Hardening Project 0 11,155 Missouri Def-Wide Fort Leonard Wood Hospital Replacement, Inc. 4 160,000 160,000 New Mexico Def-Wide Kirtland Air Force Base Environmental Health Facility Replacement 8,600 8,600 New York Def-Wide Fort Drum Wellfield Expansion Resiliency Project 0 27,000 North Carolina Def-Wide Camp Lejeune Ctc—SOF Motor Transport Maintenance Expansion 0 0 Def-Wide Fort Bragg Ctc—SOF Intelligence Training Center 0 0 Def-Wide Fort Bragg 10 MW Microgrid Utilizing Existing and New Generators 0 19,464 Def-Wide Fort Bragg Emergency Water System 0 7,705 North Dakota Def-Wide Cavalier Air Force Station Pcars Emergency Power Plant Fuel Storage 0 24,150 Ohio Def-Wide Springfield-Beckley Municipal Airport Base-Wide Microgrid With Natural Gas Generator, Photovaltaic, and Battery Storage 0 4,700 Puerto Rico Def-Wide Fort Allen Microgrid Conrol System, 690 KW PV, 275 KW Gen, 570 Kwh Bess 0 12,190 Def-Wide Punta Borinquen Ramey Unit School Replacement 84,000 84,000 Def-Wide Aguadilla Ramey Unit School Microgrid Conrol System, 460 KW PV, 275 KW Generator, 660 Kwh Bess 0 10,120 Tennessee Def-Wide Memphis International Airport PV Arrays and Battery Storage 0 4,780 Texas Def-Wide Joint Base San Antonio Ambulatory Care Center Ph 4 35,000 35,000 United Kingdom Def-Wide Menwith Hill Station Rafmh Main Gate Rehabilitation 20,000 20,000 Def-Wide Royal Air Force Lakenheath Hospital Replacement-Temporary Facilities 19,283 19,283 Virginia Def-Wide Fort Belvoir Veterinary Treatment Facility Replacement 29,800 29,800 Def-Wide Humphries Engineer Center and Support Activity SOF Battalion Operations Facility 0 36,000 Def-Wide Pentagon Consolidated Maintenance Complex (RRMC) 20,000 20,000 Def-Wide Pentagon Force Protection Perimeter Enhancements 8,608 8,608 Def-Wide Pentagon Public Works Support Facility 21,935 21,935 Def-Wide Fort Belvoir, NGA Campus East Led Upgrade Package 0 365 Def-Wide Pentagon, Mark Center, and Raven Rock Mountain Complex Recommisioning of Hvac Systems, Part B 0 2,600 Def-Wide National Geospatial-Intelligence Agency Campus East Electrical System Redundancy 0 5,299 Washington Def-Wide Oak Harbor ACC / Dental Clinic (Oak Harbor) 59,000 59,000 Worldwide Unspecified Def-Wide Unspecified Worldwide Locations DIA Planning and Design 11,000 11,000 Def-Wide Unspecified Worldwide Locations DODEA Planning and Design 13,317 13,317 Def-Wide Unspecified Worldwide Locations DODEA Unspecified Minor Construction 8,000 8,000 Def-Wide Unspecified Worldwide Locations ERCIP Design 40,150 40,150 Def-Wide Unspecified Worldwide Locations Energy Resilience and Conserv. Invest. Prog. 246,600 0 Def-Wide Unspecified Worldwide Locations Exercise Related Minor Construction 5,615 5,615 Def-Wide Unspecified Worldwide Locations MDA Unspecified Minor Construction 4,435 4,435 Def-Wide Unspecified Worldwide Locations NSA Planning and Design 83,840 83,840 Def-Wide Unspecified Worldwide Locations NSA Unspecified Minor Military Construction 12,000 12,000 Def-Wide Unspecified Worldwide Locations Planning and Design 14,194 14,194 Def-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction 21,746 21,746 Def-Wide Unspecified Worldwide Locations TJS Planning and Design 2,000 2,000 Def-Wide Unspecified Worldwide Locations Unspecified Minor Construction 3,000 3,000 Def-Wide Unspecified Worldwide Locations WHS Planning and Design 5,275 5,275 Def-Wide Various Worldwide Locations DHA Planning and Design 35,099 35,099 Def-Wide Various Worldwide Locations DLA Planning and Design 20,862 20,862 Def-Wide Various Worldwide Locations DLA Unspecified Minor Construction 6,668 6,668 Def-Wide Various Worldwide Locations SOCOM Planning and Design 20,576 20,576 Military Construction, Defense-Wide Total 1,957,289 2,029,569 Worldwide Unspecified NATO NATO Security Investment Program NATO Security Investment Program 205,853 205,853 NATO Security Investment Program Total 205,853 205,853 Alabama Army NG Redstone Arsenal National Guard Readiness Center 0 17,000 Alaska Army NG Joint Base Elmendorf-Richardson Planning and Design for National Guard Readiness Center 0 5,000 Connecticut Army NG Connecticut Army National Guard Readiness Center—Putnam National Guard Readiness Center 17,500 17,500 Georgia Army NG Fort Benning Post-Initial Mil. Training Unaccomp. Housing 13,200 13,200 Guam Army NG Guam National Guard Readiness Center Barrigada National Guard Readiness Center Addition 34,000 34,000 Idaho Army NG Jerome National Guard Armory National Guard Readiness Center 15,000 15,000 Illinois Army NG Bloomington National Guard Armory National Guard Vehicle Maintenance Shop 15,000 15,000 Kansas Army NG Nickell Memorial Armory National Guard/Reserve Center Building SCIF (P&D) 0 420 Army NG Nickell Memorial Armory National Guard/Reserve Center Building 16,732 16,732 Louisiana Army NG Camp Minden Training Site Collective Training Unaccompanied Housing 0 13,800 Army NG Lake Charles National Guard Readiness Center National Guard Readiness Center 18,500 18,500 Maine Army NG Saco National Guard Readiness Center National Guard Vehicle Maintenance Shop 21,200 21,200 Michigan Army NG Camp Grayling Military Installation National Guard Readiness Center 0 16,000 Mississippi Army NG Camp Shelby Training Site Maneuver Area Training Equipment Site 0 15,500 Missouri Army NG Aviation Classification Repair Activity Depot Avcrad Aircraft Maintenance Hangar Addition (P&D) 0 3,800 Montana Army NG Butte Military Entrance Training Site National Guard Readiness Center 16,000 16,000 Nebraska Army NG Mead Army National Guard Readiness Center Collective Training Unaccompanied Housing 0 11,000 North Dakota Army NG Dickinson National Guard Armory National Guard Readiness Center 15,500 15,500 South Dakota Army NG Sioux Falls Army National Guard National Guard Readiness Center 0 15,000 Vermont Army NG Ethan Allen Air Force Base Family Readiness Center 0 4,665 Army NG Vermont National Guard Armory National Guard Readiness Center 0 16,900 Virginia Army NG Virginia National Guard Readiness Center Army Aviation Support Facility (P&D) 0 5,805 Army NG Virginia National Guard Readiness Center Combined Support Maintenance Shop Addition 6,900 6,900 Army NG Virginia National Guard Readiness Center National Guard Readiness Center Addition 6,100 6,100 Worldwide Unspecified Army NG Unspecified Worldwide Locations Planning and Design 22,000 32,000 Army NG Unspecified Worldwide Locations Unspecified Minor Construction 39,471 39,471 Army NG Various Worldwide Locations Army National Guard Transformation Plan 0 0 Military Construction, Army National Guard Total 257,103 391,993 Michigan Army Res Southfield Area Maintenance Support Activity 12,000 12,000 Ohio Army Res Wright-Patterson Air Force Base AR Center Training Building/ UHS 19,000 19,000 Wisconsin Army Res Fort McCoy Transient Training BN HQ 12,200 12,200 Army Res Fort McCoy Transient Training Enlisted Barracks 0 29,200 Army Res Fort McCoy Transient Training Officer Barracks 0 29,200 Army Res Fort McCoy Transient Training Enlisted Barracks 0 0 Worldwide Unspecified Army Res Unspecified Worldwide Locations Planning and Design 7,167 7,167 Army Res Unspecified Worldwide Locations Cost to Complete 0 0 Army Res Unspecified Worldwide Locations Unspecified Minor Military Construction 14,544 14,544 Military Construction, Army Reserve Total 64,911 123,311 Michigan N/MC Res Navy Operational Support Center Battle Creek Reserve Center & Vehicle Maintenance Facility 49,090 49,090 Minnesota N/MC Res Minneapolis Joint Reserve Intelligence Center 14,350 14,350 Worldwide Unspecified N/MC Res Unspecified Worldwide Locations MCNR Planning & Design 1,257 1,257 N/MC Res Unspecified Worldwide Locations MCNR Unspecified Minor Construction 2,359 2,359 N/MC Res Unspecified Worldwide Locations USMCR Planning and Design 4,748 4,748 Military Construction, Naval Reserve Total 71,804 71,804 Alabama Air NG Sumpter Smith Air National Guard Base Security and Services Training Facility 0 7,500 Air NG Montgomery Regional Airport Aircraft Maintenance Facility 0 19,200 Connecticut Air NG Bradley International Airport Composite ASE/Vehicle MX Facility 0 17,000 Delaware Air NG Newcastle Air National Guard Base Fuel Cell/Corrosion Control Hangar 0 17,500 Idaho Air NG Boise Air National Guard Base Gowen Field Medical Training Facility 0 6,500 Illinois Air NG Abraham Lincoln Capital Airport Base Civil Engineering Facility 0 10,200 Massachusetts Air NG Barnes Air National Guard Combined Engine/ASE/NDI Shop 12,200 12,200 Michigan Air NG Alpena County Regional Airport Aircraft Maintenance Hangar/Shops 23,000 23,000 Air NG Selfridge Air National Guard Base a–10 Maintenance Hangar and Shops 0 28,000 Air NG W. K. Kellog Regional Airport Construct Main Base Entrance 10,000 10,000 Mississippi Air NG Jackson International Airport Fire Crash and Rescue Station 9,300 9,300 New York Air NG Francis S. Gabreski Airport Base Civil Engineer Complex 0 14,800 Air NG Schenectady Municipal Airport C–130 Flight Simulator Facility 10,800 10,800 Ohio Air NG Camp Perry Red Horse Logistics Complex 7,800 7,800 South Carolina Air NG Mcentire Joint National Guard Base Hazardous Cargo Pad 0 9,000 Air NG Mcentire Joint National Guard Base F–16 Mission Training Center 9,800 9,800 South Dakota Air NG Joe Foss Field F–16 Mission Training Center 9,800 9,800 Texas Air NG Kelly Field Annex Aircraft Corrosion Control 0 9,500 Washington Air NG Camp Murray Air National Guard Station Air Support Operations Complex 0 27,000 Wisconsin Air NG Truax Field F–35 3–Bay Specialized Hangar 31,000 31,000 Air NG Truax Field Medical Readiness Facility 13,200 13,200 Air NG Volk Combat Readiness Training Center Replace Aircraft Maintenance Hangar/Shops (P&D) 0 2,280 Worldwide Unspecified Air NG Unspecified Worldwide Locations Unspecified Minor Construction 29,068 29,068 Air NG Various Worldwide Locations Planning and Design 18,402 34,402 Wyoming Air NG Cheyenne Municipal Airport Combined Vehicle Maintenance & ASE Complex 13,400 13,400 Military Construction, Air National Guard Total 197,770 382,250 California AF Res Beale Air Force Base 940 ARW SQ OPS &amu Complex 0 33,000 Florida AF Res Homestead Air Force Reserve Base Corrosion Control Facility 14,000 14,000 AF Res Patrick Air Force Base Simulator C–130J 18,500 18,500 Indiana AF Res Grissom Air Reserve Base Logistics Readiness Complex 0 29,000 Minnesota AF Res Minneapolis-St Paul International Airport Mission Support Group Facility 14,000 14,000 New York AF Res Niagara Falls Air Reserve Station Main Gate 10,600 10,600 Ohio AF Res Youngstown Air Reserve Base Assault Runway 0 8,700 Worldwide Unspecified AF Res Worldwide Various Locations KC–46 Mob 5 (P&D) 0 15,000 AF Res Unspecified Worldwide Locations Planning & Design 5,830 5,830 AF Res Unspecified Worldwide Locations Unspecified Minor Military Construction 15,444 15,444 Military Construction, Air Force Reserve Total 78,374 164,074 Italy FH Con Army Vicenza Family Housing New Construction 92,304 92,304 Kwajalein Atoll FH Con Army Kwajalein Atoll Family Housing Replacement Construction 0 10,000 Pennsylvania FH Con Army Tobyhanna Army Depot Ctc- Family Housing Replacement Construction 0 7,500 Puerto Rico FH Con Army Fort Buchanan Ctc- Family Housing Replacement Construction 0 14,000 Worldwide Unspecified FH Con Army Unspecified Worldwide Locations Family Housing P&D 7,545 37,545 Family Housing Construction, Army Total 99,849 161,349 Worldwide Unspecified FH Ops Army Unspecified Worldwide Locations Furnishings 18,077 18,077 FH Ops Army Unspecified Worldwide Locations Housing Privitization Support 38,404 38,404 FH Ops Army Unspecified Worldwide Locations Leasing 128,110 128,110 FH Ops Army Unspecified Worldwide Locations Maintenance 111,181 111,181 FH Ops Army Unspecified Worldwide Locations Management 42,850 42,850 FH Ops Army Unspecified Worldwide Locations Miscellaneous 556 556 FH Ops Army Unspecified Worldwide Locations Services 8,277 8,277 FH Ops Army Unspecified Worldwide Locations Utilities 43,772 43,772 Family Housing Operation And Maintenance, Army Total 391,227 391,227 Worldwide Unspecified FH Con Navy Unspecified Worldwide Locations Construction Improvements 71,884 71,884 FH Con Navy Unspecified Worldwide Locations Planning & Design 3,634 3,634 FH Con Navy Unspecified Worldwide Locations USMC DPRI/Guam Planning and Design 2,098 2,098 Family Housing Construction, Navy And Marine Corps Total 77,616 77,616 Worldwide Unspecified FH Ops Navy Unspecified Worldwide Locations Furnishings 16,537 16,537 FH Ops Navy Unspecified Worldwide Locations Housing Privatization Support 54,544 54,544 FH Ops Navy Unspecified Worldwide Locations Leasing 62,567 62,567 FH Ops Navy Unspecified Worldwide Locations Maintenance 95,417 95,417 FH Ops Navy Unspecified Worldwide Locations Management 54,083 54,083 FH Ops Navy Unspecified Worldwide Locations Miscellaneous 285 285 FH Ops Navy Unspecified Worldwide Locations Services 17,637 17,637 FH Ops Navy Unspecified Worldwide Locations Utilities 56,271 56,271 Family Housing Operation And Maintenance, Navy And Marine Corps Total 357,341 357,341 Georgia FH Con AF Robins Air Force Base Robins 2 MHPI Restructure 6,000 6,000 Nebraska FH Con AF Offutt Air Force Base Offutt MHPI Restructure 50,000 50,000 Worldwide Unspecified FH Con AF Unspecified Worldwide Locations Construction Improvements 49,258 49,258 FH Con AF Unspecified Worldwide Locations Planning & Design 10,458 10,458 Family Housing Construction, Air Force Total 115,716 115,716 Worldwide Unspecified FH Ops AF Unspecified Worldwide Locations Furnishings 26,842 26,842 FH Ops AF Unspecified Worldwide Locations Housing Privatization 23,275 23,275 FH Ops AF Unspecified Worldwide Locations Leasing 9,520 9,520 FH Ops AF Unspecified Worldwide Locations Maintenance 141,754 141,754 FH Ops AF Unspecified Worldwide Locations Management 70,062 70,062 FH Ops AF Unspecified Worldwide Locations Miscellaneous 2,200 2,200 FH Ops AF Unspecified Worldwide Locations Services 8,124 8,124 FH Ops AF Unspecified Worldwide Locations Utilities 43,668 43,668 Family Housing Operation And Maintenance, Air Force Total 325,445 325,445 Worldwide Unspecified FH Ops DW Unspecified Worldwide Locations DIA Furnishings 656 656 FH Ops DW Unspecified Worldwide Locations DIA Leasing 31,430 31,430 FH Ops DW Unspecified Worldwide Locations DIA Utilities 4,166 4,166 FH Ops DW Unspecified Worldwide Locations Maintenance 49 49 FH Ops DW Unspecified Worldwide Locations NSA Furnishings 83 83 FH Ops DW Unspecified Worldwide Locations NSA Leasing 13,387 13,387 FH Ops DW Unspecified Worldwide Locations NSA Utilities 14 14 Family Housing Operation And Maintenance, Defense-Wide Total 49,785 49,785 Worldwide Unspecified FHIF Unspecified Worldwide Locations Administrative Expenses—FHIF 6,081 6,081 Unaccompanied Housing Improvement Fund Total 6,081 6,081 Worldwide Unspecified UHIF Unspecified Worldwide Locations Administrative Expenses—UHIF 494 494 Unaccompanied Housing Improvement Fund Total 494 494 Worldwide Unspecified BRAC Base Realignment & Closure, Army Base Realignment and Closure 65,301 115,301 Base Realignment and Closure—Army Total 65,301 115,301 Worldwide Unspecified BRAC Unspecified Worldwide Locations Base Realignment & Closure 111,155 161,155 Base Realignment and Closure—Navy Total 111,155 161,155 Worldwide Unspecified BRAC Unspecified Worldwide Locations DOD BRAC Activities—Air Force 104,216 104,216 Base Realignment and Closure—Air Force Total 104,216 104,216 Worldwide Unspecified BRAC Unspecified Worldwide Locations Base Realignment and Closure 0 0 BRAC Unspecified Worldwide Locations Int–4: DLA Activities 3,967 3,967 Base Realignment and Closure—Defense-wide Total 3,967 3,967 <bold></bold> <bold></bold> Total, Military Construction 9,847,031 13,347,031 4701. Department of Energy national security programs SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) Program FY 2022 Request Conference Authorized Discretionary Summary by Appropriation Energy and Water Development and Related Agencies Appropriation Summary: Energy Programs Nuclear energy 149,800 149,800 Atomic Energy Defense Activities National Nuclear Security Administration: Weapons activities 15,484,295 15,981,328 Defense nuclear nonproliferation 1,934,000 1,957,000 Naval reactors 1,860,705 1,860,705 Federal Salaries and Expenses 464,000 464,000 Total, National Nuclear Security Administration 19,743,000 20,263,033 Defense environmental cleanup 6,841,670 6,480,759 Defense Uranium Enrichment D&D 0 0 Other defense activities 1,170,000 920,000 Total, Atomic Energy Defense Activities 27,754,670 27,663,792 Total, Discretionary Funding 27,904,470 27,813,592 Nuclear Energy Safeguards and security 149,800 149,800 Total, Nuclear Energy 149,800 149,800 National Nuclear Security Administration Federal Salaries and Expenses Program direction 464,000 464,000 Weapons Activities Stockpile management Stockpile major modernization B61 Life extension program 771,664 771,664 W76–2 Modification program 0 0 W88 Alteration program 207,157 207,157 W80–4 Life extension program 1,080,400 1,080,400 W80–4 ALT SLCM 10,000 10,000 W87–1 Modification Program (formerly IW1) 691,031 691,031 W93 72,000 72,000 Subtotal, Stockpile major modernization 2,832,252 2,832,252 Stockpile sustainment 1,180,483 1,180,483 Weapons dismantlement and disposition 51,000 51,000 Production operations 568,941 568,941 Total, Stockpile management 4,632,676 4,632,676 Production modernization Primary Capability Modernization Plutonium Modernization Los Alamos plutonium modernization Los Alamos Plutonium Operations 660,419 660,419 21–D–512, Plutonium Pit Production Project, LANL 350,000 350,000 Subtotal, Los Alamos plutonium modernization 1,010,419 1,010,419 Savannah River plutonium modernization Savannah River plutonium operations 128,000 128,000 21–D–511, Savannah River Plutonium Processing Facility, SRS 475,000 475,000 Subtotal, Savannah River plutonium modernization 603,000 603,000 Enterprise Plutonium Support 107,098 107,098 Total, Plutonium Modernization 1,720,517 1,720,517 High Explosives & Energetics 68,785 68,785 Total, Primary Capability Modernization 1,789,302 1,789,302 Secondary Capability Modernization 488,097 488,097 Tritium and Domestic Uranium Enrichment 489,017 489,017 Non-Nuclear Capability Modernization 144,563 144,563 Total, Production modernization 2,910,979 2,910,979 Stockpile research, technology, and engineering Assessment science 689,578 769,394 Engineering and integrated assessments 336,766 292,085 Inertial confinement fusion 529,000 580,000 Advanced simulation and computing 747,012 747,012 Weapon technology and manufacturing maturation 292,630 292,630 Academic programs 95,645 101,945 Total, Stockpile research, technology, and engineering 2,690,631 2,783,066 Infrastructure and operations Operating Operations of facilities 1,014,000 1,014,000 Safety and Environmental Operations 165,354 165,354 Maintenance and Repair of Facilities 670,000 1,020,000 Recapitalization Infrastructure and Safety 508,664 508,664 Capabilities Based Investments 143,066 143,066 Planning for Programmatic Construction (Pre-CD–1) 0 0 Subtotal, Recapitalization 651,730 651,730 Total, Operating 2,501,084 2,851,084 Construction Programmatic 22–D–513 Power Sources Capability, SNL 13,827 13,827 21–D–510, HE Synthesis, Formulation, and Production Facility, PX 44,500 36,200 18–D–690, Lithium Processing Facility, Y–12 167,902 167,902 18–D–650, Tritium Finishing Facility, SRS 27,000 27,000 18–D–620, Exascale Computing Facility Modernization Project, LLNL 0 0 17–D–640, U1a Complex Enhancements Project, NNSS 135,000 135,000 15–D–302, TA–55 Reinvestment Project—Phase 3, LANL 27,000 27,000 15–D–301, HE Science & Engineering Facility, PX 0 0 07–D–220-04, Transuranic Liquid Waste Facility, LANL 0 0 06–D–141, Uranium Processing Facility, Y–12 524,000 600,000 04–D–125, Chemistry and Metallurgy Research Replacement Project, LANL 138,123 138,123 Total, Programmatic 1,077,352 1,145,052 Mission enabling 22–D–514 Digital Infrastructure Capability Expansion 8,000 8,000 Total, Mission enabling 8,000 8,000 Total, Construction 1,085,352 1,153,052 Total, Infrastructure and operations 3,586,436 4,004,136 Secure transportation asset Operations and equipment 213,704 213,704 Program direction 117,060 117,060 Total, Secure transportation asset 330,764 330,764 Defense nuclear security Operations and maintenance 824,623 811,521 Security improvements program 0 0 Construction: 17–D–710, West end protected area reduction project, Y–12 23,000 23,000 Subtotal, construction 23,000 23,000 Total, Defense nuclear security 847,623 834,521 Information technology and cybersecurity 406,530 406,530 Legacy contractor pensions 78,656 78,656 Total, Weapons Activities 15,484,295 15,981,328 Adjustments Use of prior year balances 0 0 Total, Adjustments 0 0 Total, Weapons Activities 15,484,295 15,981,328 Defense Nuclear Nonproliferation Defense Nuclear Nonproliferation Programs Material management and minimization Conversion (formerly HEU Reactor Conversion) 100,660 100,660 Nuclear material removal 42,100 42,100 Material disposition 200,186 200,186 Laboratory and partnership support 0 0 Total, Material management & minimization 342,946 342,946 Global material security International nuclear security 79,939 79,939 Domestic radiological security 158,002 158,002 International radiological security 85,000 85,000 Nuclear smuggling detection and deterrence 175,000 185,000 Total, Global material security 497,941 507,941 Nonproliferation and arms control 184,795 184,795 National Technical Nuclear Forensics R&D 45,000 45,000 Defense nuclear nonproliferation R&D Proliferation detection 269,407 269,407 Nonproliferation stewardship program 87,329 100,329 Nuclear detonation detection 271,000 271,000 Nonproliferation fuels development 0 0 Total, Defense Nuclear Nonproliferation R&D 627,736 640,736 Nonproliferation construction U. S. Construction: 18–D–150 Surplus Plutonium Disposition Project 156,000 156,000 99–D–143, Mixed Oxide (MOX) Fuel Fabrication Facility, SRS 0 0 Total, U. S. Construction: 156,000 156,000 Total, Nonproliferation construction 156,000 156,000 Total, Defense Nuclear Nonproliferation Programs 1,854,418 1,877,418 Legacy contractor pensions 38,800 38,800 Nuclear counterterrorism and incident response program Emergency Operations 14,597 14,597 Counterterrorism and Counterproliferation 356,185 356,185 Total, Nuclear counterterrorism and incident response program 370,782 370,782 Subtotal, Defense Nuclear Nonproliferation 2,264,000 2,287,000 Adjustments Use of prior year balances 0 0 Use of prior year MOX funding –330,000 –330,000 Total, Adjustments –330,000 –330,000 Total, Defense Nuclear Nonproliferation 1,934,000 1,957,000 Naval Reactors Naval reactors development 640,684 640,684 Columbia-Class reactor systems development 55,000 55,000 S8G Prototype refueling 126,000 126,000 Naval reactors operations and infrastructure 594,017 594,017 Program direction 55,579 55,579 Construction: 22–D–532 Security Upgrades KL 5,100 5,100 22–D–531 KL Chemistry & Radiological Health Building 41,620 41,620 21–D–530 KL Steam and Condensate Upgrades 0 0 14–D–901, Spent Fuel Handling Recapitalization Project, NRF 348,705 348,705 Total, Construction 395,425 395,425 Use of Prior Year unobligated balances –6,000 –6,000 Total, Naval Reactors 1,860,705 1,860,705 TOTAL, National Nuclear Security Administration 19,743,000 20,263,033 Defense Environmental Cleanup Closure sites administration 3,987 3,987 Richland: River corridor and other cleanup operations 196,000 211,000 Central plateau remediation 689,776 689,776 Richland community and regulatory support 5,121 5,121 18–D–404 Modification of Waste Encapsulation and Storage Facility 8,000 8,000 22–D–401 L–888, 400 Area Fire Station 15,200 15,200 22–D–402 L–897, 200 Area Water Treatment Facility 12,800 12,800 Total, Richland 926,897 941,897 Office of River Protection: Waste Treatment Immobilization Plant Commissioning 50,000 50,000 Rad liquid tank waste stabilization and disposition 817,642 837,642 Construction: 18–D–16 Waste treatment and immobilization plant—LBL/Direct feed LAW 586,000 586,000 01–D–16 D, High-level waste facility 60,000 60,000 01–D–16 E, Pretreatment Facility 20,000 20,000 Total, Construction 666,000 666,000 ORP Low-level waste offsite disposal 7,000 7,000 Total, Office of River Protection 1,540,642 1,560,642 Idaho National Laboratory: Idaho cleanup and waste disposition 358,925 358,925 Idaho community and regulatory support 2,658 2,658 Construction: 22–D–403 Idaho Spent Nuclear Fuel Staging Facility 3,000 3,000 22–D–404 Addl ICDF Landfill Disposal Cell and Evaporation Ponds Project 5,000 5,000 Total, Construction 8,000 8,000 Total, Idaho National Laboratory 369,583 369,583 NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory 1,806 1,806 LLNL Excess facilities D&D 35,000 35,000 Separations Processing Research Unit 15,000 15,000 Nevada Test Site 60,737 60,737 Sandia National Laboratory 4,576 4,576 Los Alamos National Laboratory 275,119 275,119 Los Alamos Excess facilities D&D 58,381 58,381 Total, NNSA sites and Nevada off-sites 450,619 450,619 Oak Ridge Reservation: OR Nuclear facility D&D 274,923 287,316 U233 Disposition Program 55,000 55,000 OR cleanup and waste disposition 73,725 73,725 Construction: 17–D–401 On-site waste disposal facility 12,500 12,500 14–D–403 Outfall 200 Mercury Treatment Facility 0 0 Subtotal, Construction: 12,500 12,500 OR community & regulatory support 5,096 5,096 OR technology development and deployment 3,000 3,000 Total, Oak Ridge Reservation 424,244 436,637 Savannah River Site: Savannah River risk management operations 452,724 454,090 SR legacy pensions 130,882 130,882 SR community and regulatory support 5,805 11,805 Construction: 20-D–402 Advanced Manufacturing Collaborative Facility (AMC) 0 0 20-D–401 Saltstone Disposal Unit #10, 11, 12 19,500 19,500 19–D–701 SR Security systems replacement 5,000 5,000 18–D–402 Saltstone disposal unit #8/9 68,000 68,000 17–D–402 Saltstone Disposal Unit #7 0 0 05–D–405 Salt waste processing facility, SRS 0 0 8–D–402 Emergency Operations Center Replacement, SR 8,999 8,999 Radioactive liquid tank waste stabilization 890,865 890,865 Total, Savannah River Site 1,581,775 1,589,141 Waste Isolation Pilot Plant Waste Isolation Pilot Plant 350,424 350,424 Construction: 15–D–411 Safety significant confinement ventilation system, WIPP 55,000 55,000 15–D–412 Exhaust shaft, WIPP 25,000 25,000 21–D–401 Hoisting Capability Project 0 0 Total, Construction 80,000 80,000 Total, Waste Isolation Pilot Plant 430,424 430,424 Program direction—Defense Environmental Cleanup 293,106 293,106 Program support—Defense Environmental Cleanup 62,979 62,979 Safeguards and Security—Defense Environmental Cleanup 316,744 316,744 Technology development and deployment 25,000 25,000 Federal contribution to the Uranium Enrichment D&D Fund 415,670 0 Use of prior year balances 0 0 Subtotal, Defense environmental cleanup 6,841,670 6,480,759 TOTAL, Defense Environmental Cleanup 6,841,670 6,480,759 Defense Uranium Enrichment D&D 0 0 Other Defense Activities Environment, health, safety and security Environment, health, safety and security mission support 130,809 130,809 Program direction 75,511 75,511 Total, Environment, health, safety and security 206,320 206,320 Independent enterprise assessments Enterprise assessments 27,335 27,335 Program direction—Office of Enterprise Assessments 56,049 56,049 Total, Office of Enterprise Assessments 83,384 83,384 Specialized security activities 283,500 283,500 Office of Legacy Management Legacy management activities—defense 408,797 158,797 Program direction 19,933 19,933 Total, Office of Legacy Management 428,730 178,730 Defense related administrative support 163,710 163,710 Office of hearings and appeals 4,356 4,356 Subtotal, Other defense activities 1,170,000 920,000 Use of prior year balances 0 0 Total, Other Defense Activities 1,170,000 920,000 5001. Short title This division may be cited as the Department of State Authorization Act of 2021. 5002. Definitions In this division: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Department If not otherwise specified, the term Department means the Department of State. (3) Secretary If not otherwise specified, the term Secretary means the Secretary of State. 5101. Sense of Congress on importance of Department of State’s work It is the sense of Congress that— (1) United States global engagement is key to a stable and prosperous world; (2) United States leadership is indispensable in light of the many complex and interconnected threats facing the United States and the world; (3) diplomacy and development are critical tools of national power, and full deployment of these tools is vital to United States national security; (4) challenges such as the global refugee and migration crises, terrorism, historic famine and food insecurity, and fragile or repressive societies cannot be addressed without sustained and robust United States diplomatic and development leadership; (5) the United States Government must use all of the instruments of national security and foreign policy at its disposal to protect United States citizens, promote United States interests and values, and support global stability and prosperity; (6) United States security and prosperity depend on having partners and allies that share our interests and values, and these partnerships are nurtured and our shared interests and values are promoted through United States diplomatic engagement, security cooperation, economic statecraft, and assistance that helps further economic development, good governance, including the rule of law and democratic institutions, and the development of shared responses to natural and humanitarian disasters; (7) as the United States Government agencies primarily charged with conducting diplomacy and development, the Department and the United States Agency for International Development (USAID) require sustained and robust funding to carry out this important work, which is essential to our ability to project United States leadership and values and to advance United States interests around the world; (8) the work of the Department and USAID makes the United States and the world safer and more prosperous by alleviating global poverty and hunger, fighting HIV/AIDS and other infectious diseases, strengthening alliances, expanding educational opportunities for women and girls, promoting good governance and democracy, supporting anti-corruption efforts, driving economic development and trade, preventing armed conflicts and humanitarian crises, and creating American jobs and export opportunities; (9) the Department and USAID are vital national security agencies, whose work is critical to the projection of United States power and leadership worldwide, and without which Americans would be less safe, United States economic power would be diminished, and global stability and prosperity would suffer; (10) investing in diplomacy and development before conflicts break out saves American lives while also being cost-effective; and (11) the contributions of personnel working at the Department and USAID are extraordinarily valuable and allow the United States to maintain its leadership around the world. 5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs (a) In general Section 1(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c) ) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following new paragraph: (3) Assistant Secretary for International Narcotics and Law Enforcement Affairs (A) In general There is authorized to be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs, who shall be responsible to the Secretary of State for all matters, programs, and related activities pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy by the Department, including, as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, and such other related duties as the Secretary may from time to time designate. (B) Areas of responsibility The Assistant Secretary for International Narcotics and Law Enforcement Affairs shall maintain continuous observation and coordination of all matters pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy, including programs carried out by other United States Government agencies when such programs pertain to the following matters: (i) Combating international narcotics production and trafficking. (ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, prison systems, and the sharing of recovered assets. (iii) Training and equipping foreign police, border control, other government officials, and other civilian law enforcement authorities for anti-crime purposes, including ensuring that no foreign security unit or member of such unit shall receive such assistance from the United States Government absent appropriate vetting. (iv) Ensuring the inclusion of human rights and women’s participation issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, and other senior officials in regional and thematic bureaus and offices. (v) Combating, in conjunction with other relevant bureaus of the Department of State and other United States Government agencies, all forms of transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime. (vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes and engaging with multilateral organizations responsible for monitoring and supporting foreign governments’ anti-corruption efforts. (C) Additional duties In addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall also— (i) carry out timely and substantive consultation with chiefs of mission and, as appropriate, the heads of other United States Government agencies to ensure effective coordination of all international narcotics and law enforcement programs carried out overseas by the Department and such other agencies; (ii) coordinate with the Office of National Drug Control Policy to ensure lessons learned from other United States Government agencies are available to the Bureau of International Narcotics and Law Enforcement Affairs of the Department; (iii) develop standard requirements for monitoring and evaluation of Bureau programs, including metrics for success that do not rely solely on the amounts of illegal drugs that are produced or seized; (iv) in coordination with the Secretary of State, annually certify in writing to the Committee on Foreign Relations of the Senate that United States and the Committee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics and Law Enforcement Affairs are complying with section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ); and (v) carry out such other relevant duties as the Secretary may assign. (D) Rule of construction Nothing in this paragraph may be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.. (b) Modification of annual international narcotics control strategy report Subsection (a) of section 489 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h ) is amended by inserting after paragraph (9) the following new paragraph: (10) A separate section that contains an identification of all United States Government-supported units funded by the Bureau of International Narcotics and Law Enforcement Affairs and any Bureau-funded operations by such units in which United States law enforcement personnel have been physically present.. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) by redesignating subsection (g) as subsection (j); and (2) by inserting after subsection (f) the following new subsections: (g) Bureau of Consular Affairs There is in the Department of State the Bureau of Consular Affairs, which shall be headed by the Assistant Secretary of State for Consular Affairs. (h) Bureau of Population, Refugees, and Migration There is in the Department of State the Bureau of Population, Refugees, and Migration, which shall be headed by the Assistant Secretary of State for Population, Refugees, and Migration.. 5104. Office of International Disability Rights (a) Establishment There should be established in the Department of State an Office of International Disability Rights (referred to in this section as the Office ). (b) Duties The Office should— (1) seek to ensure that all United States foreign operations are accessible to, and inclusive of, persons with disabilities; (2) promote the human rights and full participation in international development activities of all persons with disabilities; (3) promote disability inclusive practices and the training of Department of State staff on soliciting quality programs that are fully inclusive of people with disabilities; (4) represent the United States in diplomatic and multilateral fora on matters relevant to the rights of persons with disabilities, and work to raise the profile of disability across a broader range of organizations contributing to international development efforts; (5) conduct regular consultation with civil society organizations working to advance international disability rights and empower persons with disabilities internationally; (6) consult with other relevant offices at the Department that are responsible for drafting annual reports documenting progress on human rights, including, wherever applicable, references to instances of discrimination, prejudice, or abuses of persons with disabilities; (7) advise the Bureau of Human Resources or its equivalent within the Department regarding the hiring and recruitment and overseas practices of civil service employees and Foreign Service officers with disabilities and their family members with chronic medical conditions or disabilities; and (8) carry out such other relevant duties as the Secretary of State may assign. (c) Supervision The Office may be headed by— (1) a senior advisor to the appropriate Assistant Secretary of State; or (2) an officer exercising significant authority who reports to the President or Secretary of State, appointed by and with the advice and consent of the Senate. (d) Consultation The Secretary of State should direct Ambassadors at Large, Representatives, Special Envoys, and coordinators working on human rights to consult with the Office to promote the human rights and full participation in international development activities of all persons with disabilities. 5105. Special appointment authority Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), as amended by section 6103 of this Act, is further amended by inserting after subsection (h) the following new subsection: (i) Special appointments (1) Positions exercising significant authority The President may, by and with the advice and consent of the Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States. Except as provided in paragraph (3) or in clause 3, section 2, article II of the Constitution (relating to recess appointments), an individual may not be designated as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate. (2) Positions not exercising significant authority The President or Secretary of State may appoint any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State not exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate, if the President or Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following: (A) A certification that the position does not require the exercise of significant authority pursuant to the laws of the United States. (B) A description of the duties and purpose of the position. (C) The rationale for giving the specific title and function to the position. (3) Limited exception for temporary appointments exercising significant authority The President may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary of State, not later than 15 days after the appointment of a person to such a position, or 30 days after the date of the enactment of this subsection, whichever is earlier, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification that includes the following: (A) The necessity for conferring such title and function. (B) The dates during which such title and function will be held. (C) The justification for not submitting the proposed conferral of such title and function to the Senate as a nomination for advice and consent to appointment. (D) All relevant information concerning any potential conflict of interest which the proposed recipient of such title and function may have with regard to the appointment. (4) Renewal of temporary appointment The President may renew for one period not to exceed 180 days any position maintained or established under paragraph (3) if the President, not later than 15 days before issuing such renewal, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a detailed justification on the necessity of such extension, including the dates with respect to which such title will continue to be held and the justification for not submitting such title to the Senate as a nomination for advice and consent. (5) Exemption Paragraphs (1) through (4) shall not apply to a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person performing a similar function, regardless of title, at the Department of State if the position is expressly mandated by statute. (6) Effective date This subsection shall apply to appointments made on or after January 3, 2023.. 5106. Repeal of authority for Special Representative and Policy Coordinator for Burma Section 7 of the Tom Lantos Block Burmese Jade (Junta’s Anti-Democratic Efforts) Act of 2008 ( Public Law 110–286 ; 50 U.S.C. 1701 note) relating to the establishment of a Special Representative and Policy Coordinator for Burma) is hereby repealed. 5107. Anti-piracy information sharing The Secretary is authorized to provide for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). 5108. Importance of foreign affairs training to national security (a) Sense of Congress It is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign and Civil Service, require the best possible training at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department’s investment of time and resources with respect to the training and education of its personnel is considerably below the level of other Federal departments and agencies in the national security field, and falls well below the investments many allied and adversarial countries make in the development of their diplomats; (3) the Department faces increasingly complex and rapidly evolving challenges, many of which are science and technology-driven, and which demand the continual, high-quality training and education of its personnel; (4) the Department must move beyond reliance on on-the-job training and other informal mentorship practices, which lead to an inequality in skillset development and career advancement opportunities, often particularly for minority personnel, and towards a robust professional tradecraft training continuum that will provide for greater equality in career advancement and increase minority participation in the senior ranks; (5) the Department’s Foreign Service Institute and other training facilities should seek to substantially increase their educational and training offerings to Department personnel, including developing new and innovative educational and training courses, methods, programs, and opportunities; and (6) consistent with existing Department gift acceptance authority and other applicable laws, the Department and Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Training float Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to the appropriate congressional committees a strategy to establish a training float to allow for up to 15 percent of the Civil and Foreign Service to participate in long-term training at any given time. The strategy should identify steps necessary to ensure the implementation of the training priorities identified in subsection (c), sufficient training capacity and opportunities are available to Civil and Foreign Service officers, the equitable distribution of long-term training opportunities to Civil and Foreign Service officers, and the provision of any additional resources or authorities necessary to facilitate such a training float, including programs at the George P. Schultz National Foreign Affairs Training Center, the Foreign Service Institute, the Foreign Affairs Security Training Center, and other facilities or programs operated by the Department of State. The strategy shall identify which types of training would be prioritized, the extent (if any) to which such training is already being provided to Civil and Foreign Service officers by the Department of State, any factors incentivizing or disincentivizing such training, and why such training cannot be achieved without Civil and Foreign Service officers leaving the workforce. In addition to training opportunities provided by the Department, the strategy shall consider training that could be provided by the other United States Government training institutions, as well as nongovernmental educational institutions. The strategy shall consider approaches to overcome disincentives to pursuing long-term training. (c) Prioritization In order to provide the Civil and Foreign Service with the level of education and training needed to effectively advance United States interests across the globe, the Department of State should— (1) increase its offerings— (A) of virtual instruction to make training more accessible to personnel deployed throughout the world; or (B) at partner organizations to provide useful outside perspectives to Department personnel; (2) offer courses utilizing computer-based or assisted simulations, allowing civilian officers to lead decisionmaking in a crisis environment; and (3) consider increasing the duration and expanding the focus of certain training courses, including— (A) the A-100 orientation course for Foreign Service officers, and (B) the chief of mission course to more accurately reflect the significant responsibilities accompanying such role. (d) Other agency responsibilities Other national security agencies should increase the enrollment of their personnel in courses at the Foreign Service Institute and other Department of State training facilities to promote a whole-of-government approach to mitigating national security challenges. 5109. Classification and assignment of Foreign Service officers The Foreign Service Act of 1980 is amended— (1) in section 501 ( 22 U.S.C. 3981 ), by inserting If a position designated under this section is unfilled for more than 365 calendar days, such position may be filled, as appropriate, on a temporary basis, in accordance with section 309. after Positions designated under this section are excepted from the competitive service. ; and (2) in paragraph (2) of section 502(a) ( 22 U.S.C. 3982(a) ), by inserting , or domestically, in a position working on issues relating to a particular country or geographic area, after geographic area. 5110. Reporting on implementation of GAO recommendations (a) Initial report Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that lists all of the Government Accountability Office’s recommendations relating to the Department that have not been fully implemented. (b) Implementation report (1) In general Not later than 120 days after the date of the submission of the Comptroller General’s report under subsection (b), the Secretary shall submit to the appropriate congressional committees a report that describes the implementation status of each recommendation from the Government Accountability Office included in the report submitted under subsection (a). (2) Justification The report under paragraph (1) shall include— (A) a detailed justification for each decision not to fully implement a recommendation or to implement a recommendation in a different manner than specified by the Government Accountability Office; (B) a timeline for the full implementation of any recommendation the Secretary has decided to adopt, but has not yet fully implemented; and (C) an explanation for any discrepancies included in the Comptroller General report submitted under subsection (b). (c) Form The information required in each report under this section shall be submitted in unclassified form, to the maximum extent practicable, but may be included in a classified annex to the extent necessary. 5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments (a) In general Subsection (e) of section 7 of the Fishermen’s Protective Act of 1967 ( 22 U.S.C. 1977 ) is amended to read as follows: (e) Amounts Payments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts.. (b) Retroactive applicability (1) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply as if the date specified in subsection (e) of section 7 of the Fishermen’s Protective Act of 1967, as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment. (2) Agreements and payments The Secretary is authorized to— (A) enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 for any claims to which such section would otherwise apply but for the date specified in subsection (e) of such section, as in effect on the day before the date of the enactment of this Act; and (B) make payments in accordance with agreements entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act. 5112. Art in embassies (a) In general No funds are authorized to be appropriated for the purchase of any piece of art for the purposes of installation or display in any embassy, consulate, or other foreign mission of the United States if the purchase price of such piece of art is in excess of $37,500, unless such purchase is subject to prior consultation with, and the regular notification procedures of, the appropriate congressional committees. (b) Report Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a report on the costs of the Art in Embassies Program for each of fiscal years 2016 through 2020. (c) Sunset This section shall terminate on the date that is 2 years after the date of the enactment of this Act. (d) Definition In this section, the term art includes paintings, sculptures, photographs, industrial design, and craft art. 5113. International fairs and expositions There is authorized to be appropriated $20,000,000 for the Department of State for United States participation in international fairs and expositions abroad, including for construction and the operation of United States pavilions or other major exhibits. 5114. Amendment or repeal of reporting requirements (a) Burma (1) In general Section 570 of Public Law 104–208 is amended— (A) by amending subsection (c) to read as follows: (c) Multilateral strategy The President shall develop, in coordination with likeminded countries, a comprehensive, multilateral strategy to— (1) support democratic governance and inclusive and representative civilian government, including by supporting entities promoting democracy in Burma and denying legitimacy and resources to the military junta; (2) support organizations that represent the democratic aspirations of the people of Burma in the struggle against the military junta; (3) impose costs on the military junta; (4) secure the unconditional release of all political prisoners in Burma; (5) promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; (6) provide humanitarian assistance to internally displaced persons in Burma, particularly in areas targeted by the military junta, and in neighboring countries for refugees from Burma; (7) pursue accountability for atrocities, human rights violations, and crimes against humanity committed by the military junta or the Tatmadaw; and (8) counter corrosive malign influence of the People’s Republic of China and the Russian Federation in Burma. ; and (B) in subsection (d)— (i) in the matter preceding paragraph (1), by striking six months and inserting year ; and (ii) by striking paragraphs (1) through (3) and inserting the following new paragraphs: (1) progress towards inclusive, democratic governance in Burma; (2) improvements in human rights practices and accountability for atrocities, human rights violations, and crimes against humanity committed by the Tatmadaw, or military junta of Burma; (3) progress toward broad-based and inclusive economic growth; (4) progress toward genuine national reconciliation; (5) steps taken to impose costs on the military junta; (6) progress made in advancing the strategy referred to in subsection (c); and (7) actions by the People’s Republic of China or the Russian Federation that undermine the sovereignty, stability, or unity of Burma.. (2) Effective date The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 that is required after the date of the enactment of this Act. (b) Repeals The following provisions of law are hereby repealed: (1) Subsection (b) of section 804 of Public Law 101–246. (2) Section 6 of Public Law 104–45. (3) Subsection (c) of section 702 of Public Law 96–465 ( 22 U.S.C. 4022 ). (4) Section 404 of the Arms Control and Disarmament Act ( 22 U.S.C. 2593b ). (5) Section 5 of Public Law 94–304 ( 22 U.S.C. 3005 ). (6) Subsection (b) of section 502 of the International Security and Development Cooperation Act of 1985 ( 22 U.S.C. 2349aa–7 ). (c) Report to Congress Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a report that includes each of the following: (1) A list of all reports described in subsection (d) required to be submitted by their respective agency. (2) For each such report, a citation to the provision of law under which the report is required to be submitted. (3) The reporting frequency of each such report. (4) The estimated cost of each report, to include personnel time costs. (d) Covered reports A report described in this subsection is a recurring report that is required to be submitted to Congress by the Department of State or the United States Agency for International Development, or by any officer, official, component, or element of each entity. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and the Committees on Appropriations of the Senate and the House of Representatives. 5201. Embassy security, construction, and maintenance For Embassy Security, Construction, and Maintenance , there is authorized to be appropriated $1,983,149,000 for fiscal year 2022. 5202. Standard design in capital construction (a) Sense of Congress It is the sense of Congress that the Department’s Bureau of Overseas Building Operations (OBO) or successor office should give appropriate consideration to standardization in construction, in which each new United States embassy and consulate starts with a standard design and keeps customization to a minimum. (b) Consultation The Secretary shall carry out any new United States embassy compound or new consulate compound project that utilizes a non-standard design, including those projects that are in the design or pre-design phase as of the date of the enactment of this Act, only in consultation with the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives. The Secretary shall provide the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives, for each such project, the following documentation: (1) A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of such project if it were to use a standard design. (2) A comparison of the estimated completion date of such project to the estimated completion date of such project if it were to use a standard design. (3) A comparison of the security of the completed project to the security of such completed project if it were to use a standard design. (4) A justification for the Secretary’s selection of a non-standard design over a standard design for such project. (5) A written explanation if any of the documentation necessary to support the comparisons and justification, as the case may be, described in paragraphs (1) through (4) cannot be provided. (c) Sunset The consultation requirement under subsection (b) shall expire on the date that is 4 years after the date of the enactment of this Act. 5203. Capital construction transparency (a) In general Section 118 of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 304 ) is amended— (1) in the section heading , by striking Annual report on embassy construction costs and inserting Biannual report on overseas capital construction projects ; and (2) by striking subsections (a) and (b) and inserting the following new subsections: (a) In general Not later than 180 days after the date of the enactment of this subsection and every 180 days thereafter until the date that is 4 years after such date of enactment, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive report regarding all ongoing overseas capital construction projects and major embassy security upgrade projects. (b) Contents Each report required under subsection (a) shall include the following with respect to each ongoing overseas capital construction project and major embassy security upgrade project: (1) The initial cost estimate as specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations for Acts making appropriations for the Department of State, foreign operations, and related programs. (2) The current cost estimate. (3) The value of each request for equitable adjustment received by the Department to date. (4) The value of each certified claim received by the Department to date. (5) The value of any usage of the project’s contingency fund to date and the value of the remainder of the project’s contingency fund. (6) An enumerated list of each request for adjustment and certified claim that remains outstanding or unresolved. (7) An enumerated list of each request for equitable adjustment and certified claim that has been fully adjudicated or that the Department has settled, and the final dollar amount of each adjudication or settlement. (8) The date of estimated completion specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations not later than 45 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs. (9) The current date of estimated completion.. (b) Clerical amendment The table of contents in section 1(b) of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 ; 130 Stat. 1905) is amended by amending the item relating to section 118 to read as follows: Sec. 118. Biannual report on overseas capital construction projects.. 5204. Contractor performance information (a) Deadline for completion The Secretary shall complete all contractor performance evaluations outstanding as of the date of the enactment of this Act required by subpart 42.15 of the Federal Acquisition Regulation for those contractors engaged in construction of new embassy or new consulate compounds by April 1, 2022. (b) Prioritization system (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall develop a prioritization system for clearing the current backlog of required evaluations referred to in subsection (a). (2) Elements The system required under paragraph (1) should prioritize the evaluations as follows: (A) Project completion evaluations should be prioritized over annual evaluations. (B) Evaluations for relatively large contracts should have priority. (C) Evaluations that would be particularly informative for the awarding of government contracts should have priority. (c) Briefing Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the Department’s plan for completing all evaluations by April 1, 2022, in accordance with subsection (a) and the prioritization system developed pursuant to subsection (b). (d) Sense of Congress It is the sense of Congress that— (1) contractors deciding whether to bid on Department contracts would benefit from greater understanding of the Department as a client; and (2) the Department should develop a forum where contractors can comment on the Department’s project management performance. 5205. Growth projections for new embassies and consulates (a) In general For each new United States embassy compound (NEC) and new consulate compound project (NCC) in or not yet in the design phase as of the date of the enactment of this Act, the Department shall project growth over the estimated life of the facility using all available and relevant data, including the following: (1) Relevant historical trends for Department personnel and personnel from other agencies represented at the NEC or NCC that is to be constructed. (2) An analysis of the tradeoffs between risk and the needs of United States Government policy conducted as part of the most recent Vital Presence Validation Process, if applicable. (3) Reasonable assumptions about the strategic importance of the NEC or NCC, as the case may be, over the life of the building at issue. (4) Any other data that would be helpful in projecting the future growth of NEC or NCC. (b) Other Federal agencies The head of each Federal agency represented at a United States embassy or consulate shall provide to the Secretary, upon request, growth projections for the personnel of each such agency over the estimated life of each embassy or consulate, as the case may be. (c) Basis for estimates The Department shall base its growth assumption for all NECs and NCCs on the estimates required under subsections (a) and (b). (d) Congressional notification Any congressional notification of site selection for a NEC or NCC submitted after the date of the enactment of this Act shall include the growth assumption used pursuant to subsection (c). 5206. Long-range planning process (a) Plans required (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the next five years as the Secretary of State considers appropriate, the Secretary shall develop— (A) a comprehensive 6-year plan documenting the Department’s overseas building program for the replacement of overseas diplomatic posts taking into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety; and (B) a comprehensive 6-year plan detailing the Department’s long-term planning for the maintenance and sustainment of completed diplomatic posts, which takes into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety. (2) Initial report The first plan developed pursuant to paragraph (1)(A) shall also include a one-time status report on existing small diplomatic posts and a strategy for establishing a physical diplomatic presence in countries in which there is no current physical diplomatic presence and with which the United States maintains diplomatic relations. Such report, which may include a classified annex, shall include the following: (A) A description of the extent to which each small diplomatic post furthers the national interest of the United States. (B) A description of how each small diplomatic post provides American Citizen Services, including data on specific services provided and the number of Americans receiving services over the previous year. (C) A description of whether each small diplomatic post meets current security requirements. (D) A description of the full financial cost of maintaining each small diplomatic post. (E) Input from the relevant chiefs of mission on any unique operational or policy value the small diplomatic post provides. (F) A recommendation of whether any small diplomatic posts should be closed. (3) Updated information The annual updates of each of the plans developed pursuant to paragraph (1) shall highlight any changes from the previous year’s plan to the ordering of construction and maintenance projects. (b) Reporting requirements (1) Submission of plans to Congress Not later than 60 days after the completion of each plan required under subsection (a), the Secretary shall submit the plans to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives. (2) Reference in budget justification materials In the budget justification materials submitted to the appropriate congressional committees in support of the Department’s budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the plans required under subsection (a) shall be referenced to justify funding requested for building and maintenance projects overseas. (3) Form of report Each report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Small diplomatic post defined In this section, the term small diplomatic post means any United States embassy or consulate that has employed five or fewer United States Government employees or contractors on average over the 36 months prior to the date of the enactment of this Act. 5207. Value engineering and risk assessment (a) Findings Congress makes the following findings: (1) Federal departments and agencies are required to use value engineering (VE) as a management tool, where appropriate, to reduce program and acquisition costs pursuant to OMB Circular A–131, Value Engineering, dated December 31, 2013. (2) OBO has a Policy Directive and Standard Operation Procedure, dated May 24, 2017, on conducting risk management studies on all international construction projects. (b) Notification requirements (1) Submission to authorizing committees Any notification that includes the allocation of capital construction and maintenance funds shall be submitted to the appropriate congressional committees. (2) Requirement to confirm completion of value engineering and risk assessment studies The notifications required under paragraph (1) shall include confirmation that the Department has completed the requisite VE and risk management process described in subsection (a), or applicable successor process. (c) Reporting and briefing requirements The Secretary shall provide to the appropriate congressional committees upon request— (1) a description of each risk management study referred to in subsection (a)(2) and a table detailing which recommendations related to each such study were accepted and which were rejected; and (2) a report or briefing detailing the rationale for not implementing any such recommendations that may otherwise yield significant cost savings to the Department if implemented. 5208. Business volume Section 402(c)(2)(E) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4852(c)(2)(E) ) is amended by striking in 3 years and inserting cumulatively over 3 years. 5209. Embassy security requests and deficiencies The Secretary of State shall provide to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate upon request information on physical security deficiencies at United States diplomatic posts, including relating to the following: (1) Requests made over the previous year by United States diplomatic posts for security upgrades. (2) Significant security deficiencies at United States diplomatic posts that are not operating out of a new embassy compound or new consulate compound. 5210. Overseas security briefings Not later than one year after the date of the enactment of this Act, the Secretary of State shall revise the Foreign Affairs Manual to stipulate that information on the current threat environment shall be provided to all United States Government employees under chief of mission authority traveling to a foreign country on official business. To the extent practicable, such material shall be provided to such employees prior to their arrival at a United States diplomatic post or as soon as possible thereafter. 5211. Contracting methods in capital construction (a) Delivery Unless the Secretary of State notifies the appropriate congressional committees that the use of the design-build project delivery method would not be appropriate, the Secretary shall make use of such method at United States diplomatic posts that have not yet received design or capital construction contracts as of the date of the enactment of this Act. (b) Notification Before executing a contract for a delivery method other than design-build in accordance with subsection (a), the Secretary of State shall notify the appropriate congressional committees in writing of the decision, including the reasons therefor. The notification required by this subsection may be included in any other report regarding a new United States diplomatic post that is required to be submitted to the appropriate congressional committees. (c) Performance evaluation Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall report to the appropriate congressional committees regarding performance evaluation measures in accordance with GAO’s Standards for Internal Control in the Federal Government that will be applicable to design and construction, lifecycle cost, and building maintenance programs of the Bureau of Overseas Building Operations of the Department. 5212. Competition in embassy construction Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committee and the Committees on Appropriations of the Senate and the House of Representatives a report detailing steps the Department of State is taking to expand the embassy construction contractor base in order to increase competition and maximize value. 5213. Statement of policy It is the policy of the United States that the Bureau of Overseas Building Operations of the Department or its successor office shall continue to balance functionality and security with accessibility, as defined by guidelines established by the United States Access Board in constructing embassies and consulates, and shall ensure compliance with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq. ) to the fullest extent possible. 5214. Definitions In this title: (1) Design-build The term design-build means a method of project delivery in which one entity works under a single contract with the Department to provide design and construction services. (2) Non-standard design The term non-standard design means a design for a new embassy compound project or new consulate compound project that does not utilize a standardized design for the structural, spatial, or security requirements of such embassy compound or consulate compound, as the case may be. 5301. Defense Base Act insurance waivers (a) Application for waivers Not later than 30 days after the date of the enactment of this Act, the Secretary shall apply to the Department of Labor for a waiver from insurance requirements under the Defense Base Act ( 42 U.S.C. 1651 et seq. ) for all countries with respect to which the requirement was waived prior to January 2017, and for which there is not currently a waiver. (b) Certification requirement Not later than 45 days after the date of the enactment of this Act, the Secretary shall certify to the appropriate congressional committees that the requirement in subsection (a) has been met. 5302. Study on Foreign Service allowances (a) Report required (1) In general Not later than one year after date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report detailing an empirical analysis on the effect of overseas allowances on the foreign assignment of Foreign Service officers (FSOs), to be conducted by a federally-funded research and development center with appropriate expertise in labor economics and military compensation. (2) Contents The analysis required under paragraph (1) shall— (A) identify all allowances paid to FSOs assigned permanently or on temporary duty to foreign areas; (B) examine the efficiency of the Foreign Service bidding system in determining foreign assignments; (C) examine the factors that incentivize FSOs to bid on particular assignments, including danger levels and hardship conditions; (D) examine the Department’s strategy and process for incentivizing FSOs to bid on assignments that are historically in lower demand, including with monetary compensation, and whether monetary compensation is necessary for assignments in higher demand; (E) make any relevant comparisons to military compensation and allowances, noting which allowances are shared or based on the same regulations; (F) recommend options for restructuring allowances to improve the efficiency of the assignments system and better align FSO incentives with the needs of the Foreign Service, including any cost savings associated with such restructuring; (G) recommend any statutory changes necessary to implement subparagraph (F), such as consolidating existing legal authorities for the provision of hardship and danger pay; and (H) detail any effects of recommendations made pursuant to subparagraphs (F) and (G) on other United States Government departments and agencies with civilian employees permanently assigned or on temporary duty in foreign areas, following consultation with such departments and agencies. (b) Briefing requirement Before initiating the analysis required under subsection (a)(1), and not later than 60 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on the implementation of this section that includes the following: (1) The name of the federally funded research and development center that will conduct such analysis. (2) The scope of such analysis and terms of reference for such analysis as specified between the Department and such federally funded research and development center. (c) Availability of information (1) In general The Secretary shall make available to the federally-funded research and development center carrying out the analysis required under subsection (a)(1) all necessary and relevant information to allow such center to conduct such analysis in a quantitative and analytical manner, including historical data on the number of bids for each foreign assignment and any survey data collected by the Department from eligible bidders on their bid decision-making. (2) Cooperation The Secretary shall work with the heads of other relevant United States Government departments and agencies to ensure such departments and agencies provide all necessary and relevant information to the federally-funded research and development center carrying out the analysis required under subsection (a)(1). (d) Interim report to Congress The Secretary shall require that the chief executive officer of the federally-funded research and development center that carries out the analysis required under subsection (a)(1) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an interim report on such analysis not later than 180 days after the date of the enactment of this Act. 5303. Science and technology fellowships Section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d ) is amended by adding at the end the following new subsection: (e) Grants and cooperative agreements related to science and technology fellowship programs (1) In general The Secretary is authorized to make grants or enter into cooperative agreements related to Department of State science and technology fellowship programs, including for assistance in recruiting fellows and the payment of stipends, travel, and other appropriate expenses to fellows. (2) Exclusion from consideration as compensation Stipends under paragraph (1) shall not be considered compensation for purposes of section 209 of title 18, United States Code. (3) Maximum annual amount The total amount of grants made pursuant to this subsection may not exceed $500,000 in any fiscal year.. 5304. Travel for separated families Section 901(15) of the Foreign Service Act of 1980 ( 22 U.S.C. 4081(15) ) is amended— (1) in the matter preceding subparagraph (A), by striking 1 round-trip per year for each child below age 21 of a member of the Service assigned abroad and inserting in the case of one or more children below age 21 of a member of the Service assigned abroad, 1 round-trip per year ; (2) in subparagraph (A)— (A) by inserting for each child before to visit the member abroad ; and (B) by striking ; or and inserting a comma; (3) in subparagraph (B)— (A) by inserting for each child before to visit the other parent ; and (B) by inserting or after resides, ; (4) by inserting after subparagraph (B) the following new subparagraph: (C) for one of the child’s parents to visit the child or children abroad if the child or children do not regularly reside with that parent and that parent is not receiving an education allowance or educational travel allowance for the child or children under section 5924(4) of title 5, United States Code, ; and (5) in the matter following subparagraph (C), as added by paragraph (4) of this section, by striking a payment and inserting the cost of round-trip travel. 5305. Home leave travel for separated families Section 903(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4083(b) ) is amended by adding at the end the following new sentence: In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member’s family members reside, notwithstanding section 10305 of title 5, United States Code.. 5306. Sense of Congress regarding certain fellowship programs It is the sense of Congress that Department fellowships that promote the employment of candidates belonging to under-represented groups, including the Charles B. Rangel International Affairs Graduate Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program, represent smart investments vital for building a strong, capable, and representative national security workforce. 5307. Technical correction Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of 1980 ( 22 U.S.C. 4001(c)(6) ) is amended, in the matter preceding clause (i), by— (1) striking promotion and inserting promotion, on or after January 1, 2017, ; and (2) striking individual joining the Service on or after January 1, 2017, and inserting Foreign Service officer, appointed under section 302(a)(1), who has general responsibility for carrying out the functions of the Service. 5308. Foreign Service awards (a) In general Section 614 of the Foreign Service Act of 1980 ( 22 U.S.C. 4013 ) is amended— (1) by amending the section heading to read as follows: Department Awards ; and (2) in the first sentence, by inserting or Civil Service after the Service. (b) Conforming amendment The item relating to section 614 in the table of contents of the Foreign Service Act of 1980 is amended to read as follows: Sec. 614. Department awards.. 5309. Workforce actions (a) Sense of Congress on workforce recruitment It is the sense of Congress that the Secretary should continue to hold entry-level classes for Foreign Service officers and specialists and continue to recruit civil servants through programs such as the Presidential Management Fellows Program and Pathways Internship Programs in a manner and at a frequency consistent with prior years and consistent with the need to maintain a pool of experienced personnel effectively distributed across skill codes and ranks. It is further the sense of Congress that absent continuous recruitment and training of Foreign Service officers and civil servants, the Department will lack experienced, qualified personnel in the short, medium, and long terms. (b) Limitation The Secretary should not implement any reduction-in-force action under section 3502 or 3595 of title 5, United States Code, or for any incentive payments for early separation or retirement under any other provision of law unless— (1) the appropriate congressional committees are notified not less than 15 days in advance of such obligation or expenditure; and (2) the Secretary has provided to the appropriate congressional committees a detailed report that describes the Department’s strategic staffing goals, including— (A) a justification that describes how any proposed workforce reduction enhances the effectiveness of the Department; (B) a certification that such workforce reduction is in the national interest of the United States; (C) a comprehensive strategic staffing plan for the Department, including 5-year workforce forecasting and a description of the anticipated impact of any proposed workforce reduction; and (D) a dataset displaying comprehensive workforce data for all current and planned employees of the Department, disaggregated by— (i) Foreign Service officer and Foreign Service specialist rank; (ii) civil service job skill code, grade level, and bureau of assignment; (iii) contracted employees, including the equivalent job skill code and bureau of assignment; and (iv) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including their equivalent grade and job skill code and bureau of assignment. 5310. Sense of Congress regarding veterans employment at the Department of State It is the sense of Congress that— (1) the Department should continue to promote the employment of veterans, in accordance with section 301 of the Foreign Service Act of 1980 ( 22 U.S.C. 3941 ), as amended by section 10406 of this Act, including those veterans belonging to traditionally underrepresented groups at the Department; (2) veterans employed by the Department have made significant contributions to United States foreign policy in a variety of regional and global affairs bureaus and diplomatic posts overseas; and (3) the Department should continue to encourage veteran employment and facilitate their participation in the workforce. 5311. Employee assignment restrictions and preclusions (a) Sense of Congress It is the sense of Congress that the Department should expand the appeal process it makes available to employees related to assignment preclusions and restrictions. (b) Appeal of assignment restriction or preclusion Subsection (a) of section 414 of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 2734c(a) ) is amended by adding at the end the following new sentences: Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.. (c) Notice and certification Not later than 90 days after the date of the enactment of this Act, the Secretary shall revise, and certify to the appropriate congressional committees regarding such revision, the Foreign Affairs Manual guidance regarding denial or revocation of a security clearance to expressly state that all review and appeal rights relating thereto shall also apply to any recommendation or decision to impose an assignment restriction or preclusion to an employee. (d) Annual report Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that contains the following: (1) A rationale for the use of assignment restrictions by the Department of State, including specific case studies related to cleared United States Foreign Service and civil service employees of the Department that demonstrate country-specific restrictions serve a counterintelligence role beyond that which is already covered by the security clearance process. (2) The number of such Department employees subject to assignment restrictions over the previous year, with data disaggregated by— (A) identification as a Foreign Service officer, civil service employee, eligible family member, or other employment status; (B) the ethnicity, national origin, and race of the precluded employee; (C) gender; and (D) the country of restriction. (3) A description of the considerations and criteria used by the Bureau of Diplomatic Security to determine whether an assignment restriction is warranted. (4) The number of restrictions that were appealed and the success rate of such appeals. (5) The impact of assignment restrictions in terms of unused language skills as measured by Foreign Service Institute language scores of such precluded employees. (6) Measures taken to ensure the diversity of adjudicators and contracted investigators, with accompanying data on results. 5312. Recall and reemployment of career members (a) Sense of Congress It is the sense of Congress that— (1) career Department employees provide invaluable service to the United States as nonpartisan professionals who contribute subject matter expertise and professional skills to the successful development and execution of United States foreign policy; and (2) reemployment of skilled former members of the Foreign and civil service who have voluntarily separated from the Foreign or civil service due to family reasons or to obtain professional skills outside government is of benefit to the Department. (b) Notice of employment opportunities Title 5, United States Code, is amended by inserting after chapter 102 the following new chapter: 103 Department of State Sec. 10301. Notice of employment opportunities for Department of State and USAID positions. 10302. Consulting services for the Department of State. 10301. Notice of employment opportunities for Department of State and USAID positions To ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.. (c) Clerical amendment The table of chapters at the beginning of title 5, United States Code, is amended by inserting after the item relating to chapter 102 the following: 103. Department of State 10301.. 10301. Notice of employment opportunities for Department of State and USAID positions To ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply. 5313. Strategic staffing plan for the Department of State (a) In general Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive 5-year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after the date of the enactment of this Act, which shall include the following: (1) A dataset displaying comprehensive workforce data, including all shortages in bureaus described in GAO report GAO–19–220, for all current and planned employees of the Department, disaggregated by— (A) Foreign Service officer and Foreign Service specialist rank; (B) civil service job skill code, grade level, and bureau of assignment; (C) contracted employees, including the equivalent job skill code and bureau of assignment; (D) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including the equivalent grade and job skill code and bureau of assignment of such employee; and (E) overseas region. (2) Recommendations on the number of Foreign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such recommendations. (3) Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations. (b) Maintenance The dataset required under subsection (a)(1) shall be maintained and updated on a regular basis. (c) Consultation The Secretary shall lead the development of the plan required under subsection (a) but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations familiar with the demands and needs of the Department’s workforce. (d) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such shortages on national security objectives, and the Department’s plan to implement recommendations described in GAO–19–220. 5314. Consulting services (a) In general Chapter 103 of title 5, United States Code, as added by section 10312, is amended by adding at the end the following: 10302. Consulting services for the Department of State Any consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.. (b) Clerical amendment The table of sections for chapter 103 of title 5, United States Code, as added by section 10312(b) of this Act, is amended by adding after the item relating to section 10301 of title 5, United States Code, the following new item: 10302. Consulting services for the Department of State.. 10302. Consulting services for the Department of State Any consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 5315. Incentives for critical posts Section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) is amended by striking the last sentence. 5316. Extension of authority for certain accountability review boards Section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) is amended— (1) in the heading, by striking Afghanistan and and inserting Afghanistan, Yemen, Syria, and ; and (2) in subparagraph (A)— (A) in clause (i), by striking Afghanistan or and inserting Afghanistan, Yemen, Syria, or ; and (B) in clause (ii), by striking beginning on October 1, 2005, and ending on September 30, 2009 and inserting beginning on October 1, 2020, and ending on September 30, 2022. 5317. Foreign Service suspension without pay Subsection (c) of section 610 of the Foreign Service Act of 1980 ( 22 U.S.C. 4010 ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking suspend and inserting indefinitely suspend without duties ; (2) by redesignating paragraph (5) as paragraph (7); (3) by inserting after paragraph (4) the following new paragraphs: (5) For each member of the Service suspended under paragraph (1)(A) whose security clearance remains suspended for more than one calendar year, not later than 30 days after the end of such calendar year, the Secretary of State shall report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing regarding the specific reasons relating to the duration of each such suspension. (6) Any member of the Service suspended under paragraph (1)(B) may be suspended without pay only after a final written decision is provided to such member pursuant to paragraph (2). ; and (4) in paragraph (7), as so redesignated— (A) by striking this subsection and all that follows through The term in subparagraph (A) and inserting this subsection, the term ; (B) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the left; and (C) by striking subparagraph (B) (relating to the definition of suspend and suspension ). 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes (a) Applicability The Foreign Affairs Manual and the Foreign Affairs Handbook apply with equal force and effect and without exception to all Department of State personnel, including the Secretary of State, Department employees, and political appointees, regardless of an individual’s status as a Foreign Service officer, Civil Service employee, or political appointee hired under any legal authority. (b) Certification Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a certification in unclassified form that the applicability described in subsection (a) has been communicated to all Department personnel, including the personnel referred to in such subsection. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report detailing all significant changes made to the Foreign Affairs Manual or the Foreign Affairs Handbook. (2) Covered periods The first report required under paragraph (1) shall cover the 5-year period preceding the submission of such report. Each subsequent report shall cover the 180-day period preceding submission. (3) Contents Each report required under paragraph (1) shall contain the following: (A) The location within the Foreign Affairs Manual or the Foreign Affairs Handbook where a change has been made. (B) The statutory basis for each such change, as applicable. (C) A side-by-side comparison of the Foreign Affairs Manual or Foreign Affairs Handbook before and after such change. (D) A summary of such changes displayed in spreadsheet form. 5319. Waiver authority for individual occupational requirements of certain positions The Secretary of State may waive any or all of the individual occupational requirements with respect to an employee or prospective employee of the Department of State for a civilian position categorized under the GS–0130 occupational series if the Secretary determines that the individual possesses significant scientific, technological, engineering, or mathematical expertise that is integral to performing the duties of the applicable position, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document that is transmitted to the Director of the Office of Personnel Management the rationale for the decision of the Secretary to waive such requirements. 5320. Appointment of employees to the Global Engagement Center The Secretary may appoint, for a 3-year period that may be extended for up to an additional 2 years, solely to carry out the functions of the Global Engagement Center, employees of the Department without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, and may fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title. 5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission Subparagraph (A) of section 8L(d)(5)(A) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking a lead Inspector General for and inserting any of the Inspectors General specified in subsection (c) for oversight of. 5322. Report relating to Foreign Service Officer training and development (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report on fellowships or details for Department of State Foreign Service generalists at— (1) the Department of Defense; (2) United States intelligence agencies; and (3) congressional offices or committees. (b) Elements The report required by subsection (a) shall include the following elements: (1) The number of Senior Foreign Service Officer generalists who, as of the date of the enactment of this Act, have done a tour of at least one year in any of the agencies or congressional committees described in subsection (a). (2) The total number of senior Foreign Service Officer generalists as of the date of the enactment of this Act. (3) The average number of Senior Foreign Service Officer generalists inducted annually during the 10 years preceding the date of the enactment of this Act. (4) The total number of Department advisors stationed in any of the agencies or congressional offices described in subsection (a), including the agencies or offices in which such advisors serve. (5) The total number of advisors from other United States Government agencies stationed in the Department of State (excluding defense attaches, senior defense officials, and other Department of Defense personnel stationed in United States missions abroad), the home agency of the advisor, and the offices in which such advisors serve. (c) Educational exclusion For the purposes of the report required under subsection (a), educational programs shall not be included. 5323. Cooperation with Office of the Inspector General (a) Administrative discipline Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall make explicit in writing to all Department of State personnel, including the Secretary of State, Department employees, contractors, and political appointees, and shall consider updating the Foreign Affairs Manual and the Foreign Affairs Handbook to explicitly specify, that if any of such personnel does not comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General of the Department, such personnel may be subject to appropriate administrative discipline including, when circumstances warrant, suspension without pay or removal. (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act and on a quarterly basis thereafter, the Office of the Inspector General of the Department of State and the United States Agency for Global Media shall submit to the appropriate congressional committees and the Secretary of State a report in unclassified form detailing the following: (A) The number of individuals who have failed to comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General pertaining to a noncriminal matter. (B) The date on which such requests were initially made. (C) Any extension of time that was voluntarily granted to such individual by the Office of the Inspector General. (D) The general subject matters regarding which the Office of the Inspector General has requested of such individuals. (2) Form Additional information pertaining solely to the subject matter of a request described in paragraph (1) may be provided in a supplemental classified annex, if necessary, but all other information required by the reports required under such paragraph shall be provided in unclassified form. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act Not later than March 31, 2022, and annually thereafter, the Director of the Office of Overseas Schools of the Department of State shall maintain and update a list of overseas schools receiving assistance from the Office and detailing the extent to which each such school provides special education and related services to children with disabilities in accordance with part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ). Each list required under this section shall be posted on the public website of the Office for access by members of the Foreign Service, the Senior Foreign Service, and their eligible family members. 5325. Implementation of gap memorandum in selection board process (a) In general Section 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ) is amended by adding at the end the following new subsection: (c) (1) A member of the Service or member of the Senior Foreign Service whose performance will be evaluated by a selection board may submit to such selection board a gap memo in advance of such evaluation. (2) Members of a selection board may not consider as negative the submission of a gap memo by a member described in paragraph (1) when evaluating the performance of such member. (3) In this subsection, the term gap memo means a written record, submitted to a selection board in a standard format established by the Director General of the Foreign Service, which indicates and explains a gap in the record of a member of the Service or member of the Senior Foreign Service whose performance will be evaluated by such selection board, which gap is due to personal circumstances, including for health, family, or other reason as determined by the Director General in consultation with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.. (b) Consultation and guidance (1) Consultation Not later than 30 days after the date of the enactment of this Act, the Director General of the Foreign Service shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development of the gap memo under subsection (c) of section 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ), as added by subsection (a) of this section. (2) Definition In this subsection, the term gap memo has the meaning given such term in subsection (c) of section 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ), as added by subsection (a) of this section. 5401. Definitions In this title: (1) Applicant flow data The term applicant flow data means data that tracks the rate of applications for job positions among demographic categories. (2) Demographic data The term demographic data means facts or statistics relating to the demographic categories specified in the Office of Management and Budget statistical policy directive entitled Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (81 Fed. Reg. 67398). (3) Diversity The term diversity means those classes of persons protected under the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (4) Workforce The term workforce means— (A) individuals serving in a position in the civil service (as defined in section 2101 of title 5, United States Code); (B) individuals who are members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3902 )); (C) all individuals serving under a personal services contract; (D) all individuals serving under a Foreign Service Limited appointment under section 309 of the Foreign Service Act of 1980; or (E) individuals other than Locally Employed Staff working in the Department of State under any other authority. 5402. Exit interviews for workforce (a) Retained members The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall conduct periodic interviews with a representative and diverse cross-section of the workforce of the Department— (1) to understand the reasons of individuals in such workforce for remaining in a position in the Department; and (2) to receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of individuals in the workforce to remain in the Department. (b) Departing members The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall provide an opportunity for an exit interview to each individual in the workforce of the Department who separates from service with the Department to better understand the reasons of such individual for leaving such service. (c) Use of analysis from interviews The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall analyze demographic data and other information obtained through interviews under subsections (a) and (b) to determine to what extent, if any, the diversity of those participating in such interviews impacts the results. (d) Tracking data The Department shall— (1) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; (2) annually evaluate such data— (A) to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and (B) to understand the extent to which participation in any professional development program offered or sponsored by the Department differs among the demographic categories of the workforce; and (3) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation, in such professional development programs. 5403. Recruitment and retention (a) In general The Secretary shall— (1) continue to seek a diverse and talented pool of applicants; and (2) instruct the Director General of the Foreign Service and the Director of the Bureau of Human Resources of the Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-represented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations. (b) Scope The diversity recruitment initiatives described in subsection (a) shall include— (1) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (2) placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups; (3) sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities; (4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; (5) expanding the use of paid internships; and (6) cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals. (c) Expand training on anti-harassment and anti-discrimination (1) In general The Secretary shall, through the Foreign Service Institute and other educational and training opportunities— (A) ensure the provision to all individuals in the workforce of training on anti-harassment and anti-discrimination information and policies, including in existing Foreign Service Institute courses or modules prioritized in the Department’s Diversity and Inclusion Strategic Plan for 2016–2020 to promote diversity in Bureau awards or mitigate unconscious bias; (B) expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies, including policies relating to sexual assault prevention and response; and (C) make such expanded training mandatory for— (i) individuals in senior and supervisory positions; (ii) individuals having responsibilities related to recruitment, retention, or promotion of employees; and (iii) any other individual determined by the Department who needs such training based on analysis by the Department or OPM analysis. (2) Best practices The Department shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection. 5404. Leadership engagement and accountability (a) Reward and recognize efforts to promote diversity and inclusion (1) In general The Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the Department in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. (2) Outreach events The Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups. (b) External advisory committees and boards For each external advisory committee or board to which individuals in senior positions in the Department appoint members, the Secretary is strongly encouraged by Congress to ensure such external advisory committee or board is developed, reviewed, and carried out by qualified teams that represent the diversity of the organization. 5405. Professional development opportunities and tools (a) Expand provision of professional development and career advancement opportunities (1) In general The Secretary is authorized to expand professional development opportunities that support the mission needs of the Department, such as— (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in— (i) private or international organizations; (ii) State, local, and Tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. (2) Training for senior positions (A) In general The Secretary shall offer, or sponsor members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for appointment to senior positions in the Department. (B) Requirements In determining which members of the workforce are granted professional development or career advancement opportunities under subparagraph (A), the Secretary shall— (i) ensure any program offered or sponsored by the Department under such subparagraph comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements; (ii) consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs; (iii) understand how participation in any program offered or sponsored by the Department under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and (iv) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation. 5406. Examination and oral assessment for the Foreign Service (a) Sense of Congress It is the sense of Congress that the Department should offer both the Foreign Service written examination and oral assessment in more locations throughout the United States. Doing so would ease the financial burden on potential candidates who do not currently reside in and must travel at their own expense to one of the few locations where these assessments are offered. (b) Foreign Service examinations Section 301(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3941 ) is amended— (1) by striking The Secretary and inserting: (1) The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating basis, located in at least three different time zones across the United States.. 5407. Payne fellowship authorization (a) In general Undergraduate and graduate components of the Donald M. Payne International Development Fellowship Program may conduct outreach to attract outstanding students with an interest in pursuing a Foreign Service career who represent diverse ethnic and socioeconomic backgrounds. (b) Review of past programs The Secretary shall review past programs designed to increase minority representation in international affairs positions. 5408. Voluntary participation (a) In general Nothing in this title should be construed so as to compel any employee to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data collection contemplated by this title is voluntary. (b) Privacy protection Any data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. 5501. Definitions In this title: (1) Intelligence community The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (2) Relevant congressional committees The term relevant congressional committees means— (A) the appropriate congressional committees; (B) the Select Committee on Intelligence of the Senate; and (C) the Permanent Select Committee on Intelligence of the House of Representatives. 5502. List of certain telecommunications providers (a) List of covered contractors Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence and other appropriate Federal agencies as determined jointly by the Secretary and the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the Department should seek to avoid entering into contracts. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list. (b) Covered contractor defined In this section, the term covered contractor means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against— (1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or (2) individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights. 5503. Preserving records of electronic communications (a) Sense of Congress It is the sense of Congress that all officers and employees of the Department and the United States Agency for International Development are obligated under chapter 31 of title 44, United States Code (popularly referred to as the Federal Records Act of 1950), to create and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions or operations of the Department and United States embassies, consulates, and missions abroad, including records of official communications with foreign government officials or other foreign entities. (b) Certification Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a certification in unclassified form that the Secretary has communicated to all Department personnel, including the Secretary of State and all political appointees, that such personnel are obligated under chapter 31 of title 44, United States Code, to treat electronic messaging systems, software, and applications as equivalent to electronic mail for the purpose of identifying Federal records. 5504. Foreign Relations of the United States (FRUS) series and declassification The State Department Basic Authorities Act of 1956 is amended— (1) in section 402(a)(2) ( 22 U.S.C. 4352(a)(2) ), by striking 26 and inserting 20 ; and (2) in section 404(a)(1) ( 22 U.S.C. 4354(a)(1) , by striking 30 and inserting 25. 5601. Short title This title may be cited as the Public Diplomacy Modernization Act of 2021. 5602. Avoiding duplication of programs and efforts The Secretary shall— (1) identify opportunities for greater efficiency of operations, including through improved coordination of efforts across public diplomacy bureaus and offices of the Department; and (2) maximize shared use of resources between, and within, such public diplomacy bureaus and offices in cases in which programs, facilities, or administrative functions are duplicative or substantially overlapping. 5603. Improving research and evaluation of public diplomacy (a) Research and evaluation activities The Secretary, acting through the Director of Research and Evaluation appointed pursuant to subsection (b), shall— (1) conduct regular research and evaluation of public diplomacy programs and activities of the Department, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and (2) make available to Congress the findings of the research and evaluations conducted under paragraph (1). (b) Director of research and evaluation (1) Appointment Not later than 90 days after the date of the enactment of this Act, the Secretary shall appoint a Director of Research and Evaluation (referred to in this subsection as the Director ) in the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department. (2) Limitation on appointment The appointment of the Director pursuant to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department. (3) Responsibilities The Director shall— (A) coordinate and oversee the research and evaluation of public diplomacy programs and activities of the Department in order to— (i) improve public diplomacy strategies and tactics; and (ii) ensure that such programs and activities are increasing the knowledge, understanding, and trust of the United States by relevant target audiences; (B) routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department; (C) support United States diplomatic posts’ public affairs sections; (D) share appropriate public diplomacy research and evaluation information within the Department and with other appropriate Federal departments and agencies; (E) regularly design and coordinate standardized research questions, methodologies, and procedures to ensure that public diplomacy programs and activities across all public diplomacy bureaus and offices are designed to meet appropriate foreign policy objectives; and (F) report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation of all public diplomacy bureaus and offices. (4) Guidance and training Not later than 1 year after the appointment of the Director pursuant to paragraph (1), the Director shall develop guidance and training, including curriculum for use by the Foreign Service Institute, for all public diplomacy officers of the Department regarding the reading and interpretation of public diplomacy program and activity evaluation findings to ensure that such findings and related lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities of the Department. (c) Prioritizing research and evaluation (1) In general The head of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department shall ensure that research and evaluation of public diplomacy and activities of the Department, as coordinated and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public diplomacy bureaus and offices of the Department. (2) Allocation of resources Amounts allocated for the purpose of research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) shall be made available to be disbursed at the direction of the Director of Research and Evaluation among the research and evaluation staff across all public diplomacy bureaus and offices of the Department. (3) Sense of Congress It is the sense of Congress that the Department should gradually increase its allocation of funds made available under the headings Educational and Cultural Exchange Programs and Diplomatic Programs for research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) to a percentage of program funds that is commensurate with Federal Government best practices. (d) Limited exemption relating to the Paperwork Reduction Act Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) shall not apply to the collection of information directed at any individuals conducted by, or on behalf of, the Department of State for the purpose of audience research, monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to any of the following: (1) The Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. ). (2) Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 22 U.S.C. 2656 note). (3) The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). (e) Limited exemption relating to the Privacy Act (1) In general The Department shall maintain, collect, use, and disseminate records (as such term is defined in section 552a(a)(4) of title 5, United States Code) for audience research, digital analytics, and impact evaluation of communications related to public diplomacy efforts intended for foreign audiences. (2) Conditions Audience research, digital analytics, and impact evaluations under paragraph (1) shall be— (A) reasonably tailored to meet the purposes of this subsection; and (B) carried out with due regard for privacy and civil liberties guidance and oversight. (f) United States Advisory Commission on Public Diplomacy (1) Subcommittee for research and evaluation The United States Advisory Commission on Public Diplomacy shall establish a Subcommittee on Research and Evaluation to monitor and advise regarding audience research, digital analytics, and impact evaluations carried out by the Department and the United States Agency for Global Media. (2) Annual report The Subcommittee on Research and Evaluation established pursuant to paragraph (1) shall submit to the appropriate congressional committees an annual report, in conjunction with the United States Advisory Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media, describing all actions taken by the Subcommittee pursuant to paragraph (1) and any findings made as a result of such actions. 5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6553 ) is amended— (1) in the section heading, by striking Sunset and inserting Continuation ; and (2) by striking until October 1, 2021. 5605. Streamlining of support functions (a) Working group established Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a working group to explore the possibilities and cost-benefit analysis of transitioning to a shared services model as such pertains to human resources, travel, purchasing, budgetary planning, and all other executive support functions for all bureaus of the Department that report to the Under Secretary for Public Diplomacy of the Department. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a plan to implement any such findings of the working group established under subsection (a). 5606. Guidance for closure of public diplomacy facilities (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall adopt, and include in the Foreign Affairs Manual, guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound would result in the closure or co-location of an American Space, American Center, American Corner, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ). (b) Requirements The guidelines required by subsection (a) shall include the following: (1) Standardized notification to each chief of mission at a diplomatic post describing the requirements of the Secure Embassy Construction and Counterterrorism Act of 1999 and the impact on the mission footprint of such requirements. (2) An assessment and recommendations from each chief of mission of potential impacts to public diplomacy programming at such diplomatic post if any public diplomacy facility referred to in subsection (a) is closed or staff is co-located in accordance with such Act. (3) A process by which assessments and recommendations under paragraph (2) are considered by the Secretary and the appropriate Under Secretaries and Assistant Secretaries of the Department. (4) Notification to the appropriate congressional committees, prior to the initiation of a new embassy compound or new consulate compound design, of the intent to close any such public diplomacy facility or co-locate public diplomacy staff in accordance with such Act. (c) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the guidelines required under subsection (a) and any recommendations for any modifications to such guidelines. 5607. Definitions In this title: (1) Audience research The term audience research means research conducted at the outset of a public diplomacy program or the outset of campaign planning and design regarding specific audience segments to understand the attitudes, interests, knowledge, and behaviors of such audience segments. (2) Digital analytics The term digital analytics means the analysis of qualitative and quantitative data, accumulated in digital format, to indicate the outputs and outcomes of a public diplomacy program or campaign. (3) Impact evaluation The term impact evaluation means an assessment of the changes in the audience targeted by a public diplomacy program or campaign that can be attributed to such program or campaign. (4) Public diplomacy bureaus and offices The term public diplomacy bureaus and offices means, with respect to the Department, the following: (A) The Bureau of Educational and Cultural Affairs. (B) The Bureau of Global Public Affairs. (C) The Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs. (D) The Global Engagement Center. (E) The public diplomacy functions within the regional and functional bureaus. 5701. Limitation on assistance to countries in default Section 620(q) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(q) ) is amended— (1) by striking No assistance and inserting the following: (1) No assistance ; (2) by inserting the government of before any country ; (3) by inserting the government of before such country each place it appears; (4) by striking determines and all that follows and inserting determines, after consultation with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, that assistance for such country is in the national interest of the United States. ; and (5) by adding at the end the following new paragraph: (2) No assistance shall be furnished under this Act, the Peace Corps Act, the Millennium Challenge Act of 2003, the African Development Foundation Act, the BUILD Act of 2018, section 504 of the FREEDOM Support Act, or section 23 of the Arms Export Control Act to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest or any loan made to the government of such country by the United States unless the President determines, following consultation with the congressional committees specified in paragraph (1), that assistance for such country is in the national interest of the United States.. 5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment Subsection (b) of section 101 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 ( 22 U.S.C. 9111 ; Public Law 113–150 ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by inserting , respectively, after access cases ; and (ii) by inserting and the number of children involved before the semicolon at the end; and (B) in subparagraph (D), by inserting respectively, the number of children involved, after access cases, ; (2) in paragraph (7), by inserting , and number of children involved in such cases before the semicolon at the end; (3) in paragraph (8), by striking and after the semicolon at the end; (4) in paragraph (9), by striking the period at the end and inserting ; and ; and (5) by adding at the end the following new paragraph: (10) the total number of pending cases the Department of State has assigned to case officers and number of children involved for each country and as a total for all countries.. 5703. Chief of mission concurrence In the course of a chief of mission providing concurrence to the exercise of the authority pursuant to section 127e of title 10, United States Code, or section 1202 of the National Defense Authorization Act for Fiscal Year 2018— (1) each relevant chief of mission shall inform and consult in a timely manner with relevant individuals at relevant missions or bureaus of the Department of State; and (2) the Secretary of State shall take such steps as may be necessary to ensure that such relevant individuals have the security clearances necessary and access to relevant compartmented and special programs to so consult in a timely manner with respect to such concurrence. 5704. Report on efforts of the Coronavirus Repatriation Task Force Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate a report evaluating the efforts of the Coronavirus Repatriation Task Force of the Department of State to repatriate United States citizens and legal permanent residents in response to the 2020 coronavirus outbreak. The report shall identify— (1) the most significant impediments to repatriating such persons; (2) the lessons learned from such repatriations; and (3) any changes planned to future repatriation efforts of the Department of State to incorporate such lessons learned. 6101. FinCEN Exchange Section 310(d) of title 31, United States Code, is amended— (1) in paragraph (2), by inserting other relevant private sector entities, after financial institutions, ; (2) in paragraph (3)(A)(i)(II), by inserting and other relevant private sector entities after financial institutions ; and (3) in paragraph (5)— (A) in subparagraph (A), by inserting or other relevant private sector entity after financial institution ; and (B) in subparagraph (B)— (i) by striking Information and inserting the following: (i) Use by financial institutions Information ; and (ii) by adding at the end the following: (ii) Use by other relevant private sector entities Information received by a relevant private sector entity that is not a financial institution pursuant to this section shall not be used for any purpose other than assisting a financial institution in identifying and reporting on activities that may involve the financing of terrorism, money laundering, proliferation financing, or other financial crimes, or in assisting FinCEN or another agency of the Federal Government in mitigating the risk of the financing of terrorism, money laundering, proliferation financing, or other criminal activities.. 6102. Adverse information in cases of trafficking (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after section 605B the following: 605C. Adverse information in cases of trafficking (a) Definitions In this section: (1) Trafficking documentation The term trafficking documentation means— (A) documentation of— (i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or (ii) by a court of competent jurisdiction; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (2) Trafficking Victims Protection Act of 2000 definitions The terms severe forms of trafficking in persons and sex trafficking have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Victim of trafficking The term victim of trafficking means a person who is a victim of a severe form of trafficking in persons or sex trafficking. (b) Adverse information A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (c) Rulemaking (1) In general Not later than 180 days after the date of the enactment of this section, the Director shall issue rules to implement subsection (a). (2) Contents The rules issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies.. (b) Table of contents amendment The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following: 605C. Adverse information in cases of trafficking.. (c) Application The amendments made by this section shall apply on the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(c) of the Fair Credit Reporting Act, as added by subsection (a) of this section. Any rule issued by the Director to implement such section 605C shall be limited to preventing a consumer reporting agency from furnishing a consumer report containing any adverse item of information about a consumer (as such terms are defined, respectively, in section 603 the Fair Credit Reporting Act ( 15 U.S.C. 1681a )) that resulted from trafficking. 605C. Adverse information in cases of trafficking (a) Definitions In this section: (1) Trafficking documentation The term trafficking documentation means— (A) documentation of— (i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or (ii) by a court of competent jurisdiction; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (2) Trafficking Victims Protection Act of 2000 definitions The terms severe forms of trafficking in persons and sex trafficking have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Victim of trafficking The term victim of trafficking means a person who is a victim of a severe form of trafficking in persons or sex trafficking. (b) Adverse information A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (c) Rulemaking (1) In general Not later than 180 days after the date of the enactment of this section, the Director shall issue rules to implement subsection (a). (2) Contents The rules issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts (a) In general Title XVI of the International Financial Institutions Act ( 22 U.S.C. 262p et seq. ) is amended by adding at the end the following: 1630. Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors.. (b) Report to the congress Within 1 year after the date of the enactment of this Act, and annually thereafter for the next 4 years, the Secretary of the Treasury shall report to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate on— (1) the activities of the International Monetary Fund in the then most recently completed fiscal year to provide technical assistance described in section 1630 of the International Financial Institutions Act (as added by this section), including the ability of the Fund to meet the demand for the assistance; and (2) the efficacy of efforts by the United States to achieve the policy goal described in such section and any further actions that should be taken, if necessary, to implement that goal. (c) Sunset The amendment made by subsection (a) shall have no force or effect after the 5-year period that begins with the date of the enactment of this Act. 1630. Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors. 6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank (a) Sense of the Congress It is the sense of the Congress that the United States should not support the recognition of, or dealing with, the State Administration Council, or any successor entity controlled by the military, as the government of Burma for the purpose of the provision of any loan or financial assistance by the International Monetary Fund, the World Bank Group, or the Asian Development Bank, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Policy Title XVI of the International Financial Institutions Act ( 22 U.S.C. 262p et seq. ), as amended by section 6103, is further amended by adding at the end the following: 1631. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank (a) Policy of the United States The Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Submission of written statements No later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection (a) or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board. (c) Waiver The President of the United States may waive the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and the oversight safeguards that will accompany such assistance; or (2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor. (d) World bank group defined In this section, the term World Bank Group means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.. (c) Sunset Section 1631 of the International Financial Institutions Act, as added by subsection (b), is repealed on the earlier of— (1) the date the President of the United States submits to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a certification that— (A) the Burmese military has released all political prisoners; (B) an elected government has been instated following free and fair elections; and (C) all government institutions involved in the provision of multilateral assistance are fully under civilian control; or (2) the date that is 10 years after the date of the enactment of this Act. 1631. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank (a) Policy of the United States The Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Submission of written statements No later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection (a) or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board. (c) Waiver The President of the United States may waive the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and the oversight safeguards that will accompany such assistance; or (2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor. (d) World bank group defined In this section, the term World Bank Group means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies (a) In general The Secretary of the Treasury (in this section referred to as the Secretary ) shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(2) )) that it is the policy of the United States to— (1) support assistance by the institution with respect to advanced wireless technologies (such as 5th generation wireless technology for digital cellular networks and related technologies) only if the technologies provide appropriate security for users; (2) proactively encourage assistance with respect to infrastructure or policy reforms that facilitate the use of secure advanced wireless technologies; and (3) cooperate, to the maximum extent practicable, with member states of the institution, particularly with United States allies and partners, in order to strengthen international support for such technologies. (b) Waiver authority The Secretary may waive subsection (a) on a case-by-case basis, on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) will allow the United States to effectively promote the objectives of the policy described in subsection (a); or (2) is in the national interest of the United States, with an explanation of the reasons therefor. (c) Progress report The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the annual report required by section 1701 of the International Financial Institutions Act ( 22 U.S.C. 262r ) a description of progress made toward advancing the policy described in subsection (a) of this section. (d) Sunset The preceding provisions of this section shall have no force or effect after the earlier of— (1) the date that is 7 years after the date of the enactment of this Act; or (2) the date that the Secretary reports to the committees specified in subsection (b) that terminating the effectiveness of the provisions is important to the national interest of the United States, with a detailed explanation of the reasons therefor. 6106. Illicit finance improvements (a) Scope of the meetings of the supervisory team on countering illicit finance Section 6214(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 31 U.S.C. 5311 note) is amended by striking to combat the risk relating to proliferation financing and inserting for the purposes of countering illicit finance, including proliferation finance and sanctions evasion. (b) Combating Russian Money Laundering Section 9714 of the Combating Russian Money Laundering Act ( Public Law 116–283 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (f) and (g), respectively; and (2) by inserting after subsection (a) the following: (b) Classified information In any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information The exemptions from, and prohibitions on, search and disclosure provided in section 5319 of title 31, United States Code, shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a) of this section. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section. (d) Penalties The penalties provided for in sections 5321 and 5322 of title 31, United States Code, that apply to violations of special measures imposed under section 5318A of title 31, United States Code, shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section, in the same manner and to the same extent as described in sections 5321 and 5322. (e) Injunctions The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section in the same manner and to the same extent as described in section 5320 of title 31, United States Code.. 6107. Briefing on delegation of examination authority under the Bank Secrecy Act (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall, after consultation with State bank supervisors, Federal financial regulators, and other relevant stakeholders, conduct a briefing for the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with respect to the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury. (b) Contents The briefing conducted by the Secretary of the Treasury pursuant to subsection (a) shall address— (1) the current status of the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury, including with respect to the mission of the Bank Secrecy Act; (2) how frequently, on average, agencies delegated exam authority under the Bank Secrecy Act by the Secretary are able to examine entities for which they have delegated authorities; (3) whether agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have appropriate resources to perform such delegated responsibilities; and (4) whether the examiners within agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have sufficient training and support to perform delegated responsibilities. (c) Definitions In this section: (1) Bank Secrecy Act The term Bank Secrecy Act means— (A) section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ); (B) section 123 of Public Law 91–508 ; and (C) subchapter II of chapter 53 of title 31, United States Code. (2) Federal financial regulators The term Federal financial regulators means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Comptroller of the Currency, the Commodity Futures Trading Commission, the Securities and Exchange Commission, and the Commissioner of the Internal Revenue Service. (3) State bank supervisors The term State bank supervisors has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). 6201. Short title This title may be cited as the Foreign Service Families Act of 2021. 6202. Telecommuting opportunities (a) DETO policy (1) In general Each Federal department and agency shall establish a policy enumerating the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations where there is a related Foreign Service assignment pursuant to an approved Domestically Employed Teleworking Overseas (DETO) agreement, consistent with the requirements under section 6502 of title 5, United States code (relating to the executive agencies telework requirements), as amended by paragraph (2), and DETO requirements, as set forth in the Foreign Affairs Manual and Foreign Affairs Handbook of the Department of State. (2) Amendment Section 6502(b) of title 5, United States Code, is amended— (A) in paragraph (4)(B), by striking and after the semicolon; (B) in paragraph 5, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (6) enumerate the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations, provided that, except in emergency situations as determined by the head of the agency, such circumstances shall not include a situation in which an employee's official duties require on at least a monthly basis the direct handling of secure materials determined to be inappropriate for telework by the agency head.. (b) Access to ICASS system Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall revise chapter 900 of volume 6 of the Foreign Affairs Manual, the International Cooperative Administrative Support Services Handbook, the Personnel Operations Handbook, and any other relevant regulations to allow each Federal agency that has enacted a policy under subsection (a) to have access to the International Cooperative Administrative Support Services (ICASS) system. 6203. Employment and education programs for eligible family members of members of the Foreign Service Section 706(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4026(b) ) is amended— (1) in paragraph (1)— (A) by striking The Secretary may facilitate the employment of spouses of members of the Foreign Service by— and inserting The Secretary shall implement such measures as the Secretary considers necessary to facilitate the employment of spouses and members of the Service. The measures may include— ; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by amending subparagraph (C) to read as follows: (C) establishing a program for assisting eligible family members in accessing employment and education opportunities, as appropriate, including by exercising the authorities, in relevant part, under sections 1784 and 1784a of title 10, United States Code, and subject to such regulations as the Secretary may prescribe modeled after those prescribed pursuant to subsection (b) of such section 1784; ; (2) by redesignating paragraph (2) as paragraph (6); (3) by inserting after paragraph (1) the following new paragraphs: (2) The Secretary may prescribe regulations— (A) to provide preference to eligible family members in hiring for any civilian position in the Department, notwithstanding the prohibition on marital discrimination found in 5 U.S.C. 2302(b)(1)(E) , if — (i) the eligible family member is among persons determined to be best qualified for the position; and (ii) the position is located in the overseas country of assignment of their sponsoring employee; (B) to ensure that notice of any vacant position in the Department is provided in a manner reasonably designed to reach eligible family members of sponsoring employees whose permanent duty stations are in the same country as that in which the position is located; and (C) to ensure that an eligible family member who applies for a vacant position in the Department shall, to the extent practicable, be considered for any such position located in the same country as the permanent duty station of their sponsoring employee. (3) Nothing in this section may be construed to provide an eligible family member with entitlement or preference in hiring over an individual who is preference eligible. (4) Under regulations prescribed by the Secretary, a chief of mission may, consistent with all applicable laws and regulations pertaining to the ICASS system, make available to an eligible family member and a non-Department entity space in an embassy or consulate for the purpose of the non-Department entity providing employment-related training for eligible family members. (5) The Secretary may work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of eligible family member employment. ; and (4) by adding after paragraph (6), as redesignated by paragraph (2) of this subsection, the following new paragraph: (7) In this subsection, the term eligible family member refers to family members of government employees assigned abroad or hired for service at their post of residence who are appointed by the Secretary of State or the Administrator of the United States Agency for International Development pursuant to sections 102, 202, 303, and 311.. 6204. Briefing on Foreign Service family reserve corps (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the status of implementation of the Foreign Service Family Reserve Corps. (b) Elements The briefing required under subsection (a) shall include the following elements: (1) A description of the status of implementation of the Foreign Service Family Reserve Corps (FSFRC). (2) An assessment of the extent to which implementation was impacted by the Department’s hiring freeze and a detailed explanation of the effect of any such impacts. (3) A description of the status of implementation of a hiring preference for the FSFRC. (4) A detailed accounting of any individuals eligible for membership in the FSFRC who were unable to begin working at a new location as a result of being unable to transfer their security clearance, including an assessment of whether they would have been able to port their clearance as a member of the FSFRC if the program had been fully implemented. (5) An estimate of the number of individuals who are eligible to join the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals would enroll. (6) An estimate of the number of individuals who are enrolled in the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals enrolled. (7) An estimate of the number of individuals who were enrolled in each phase of the implementation of the FSFRC as detailed in guidance issued by the Under Secretary for Management. (8) An estimate of the number of individuals enrolled in the FSFRC who have successfully transferred a security clearance to a new post since implementation of the program began. (9) An estimate of the number of individuals enrolled in the FSFRC who have been unable to successfully transfer a security clearance to a new post since implementation of the program began. (10) An estimate of the number of individuals who have declined in writing to apply to the FSFRC. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. 6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees Section 311 of the Foreign Service Act of 1980 ( 22 U.S.C. 3951 ) is amended by adding at the end the following: (e) The Secretary shall hold a family member of a government employee described in subsection (a) seeking employment in a position described in that subsection to the same employment standards as those applicable to Foreign Service officers, Foreign Service personnel, or foreign national employees seeking the same or a substantially similar position.. 6206. In-State tuition rates for members of qualifying Federal service (a) In general Section 135 of the Higher Education Act of 1965 ( 20 U.S.C. 1015d ) is amended— (1) in the section heading, by striking the armed forces on active duty, spouses, and dependent children and inserting qualifying Federal service ; (2) in subsection (a), by striking member of the armed forces who is on active duty for a period of more than 30 days and and inserting member of a qualifying Federal service ; (3) in subsection (b), by striking member of the armed forces and inserting member of a qualifying Federal service ; and (4) by striking subsection (d) and inserting the following: (d) Definitions In this section, the term member of a qualifying Federal service means— (1) a member of the armed forces (as defined in section 101 of title 10, United States Code) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10, United States Code); or (2) a member of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 )) who is on active duty for a period of more than 30 days.. (b) Effective date The amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) for the first period of enrollment at such institution that begins after July 1, 2024. 6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service (a) In general Chapter 9 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4081 et seq. ) is amended by adding at the end the following new section: 907. Termination of residential or motor vehicle leases and telephone service contracts The terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act.. (b) Clerical amendment The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 906 the following new item: Sec. 907. Termination of residential or motor vehicle leases and telephone service contracts.. 907. Termination of residential or motor vehicle leases and telephone service contracts The terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act. 6301. Short title This title may be cited as the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021. 6302. Clarifying amendments to definitions Section 1403 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4702 ) is amended— (1) by striking paragraph (5) and inserting the following new paragraph (5): (5) The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any other territory or possession of the United States. ; and (2) by striking paragraph (6), by inserting the following new paragraph (6): (6) The term eligible person means— (A) a permanent resident alien of the United States; (B) a citizen or national of the United States; (C) a citizen of the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau; or (D) any person who may be admitted to lawfully engage in occupations and establish residence as a nonimmigrant in the United States as permitted under the Compact of Free Association agreements with the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau.. 6303. Barry Goldwater Scholarship and Excellence in Education Awards (a) Award of scholarships, fellowships, and research internships Section 1405(a) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4704(a) ) is amended— (1) in the subsection heading, by striking Award of scholarships and fellowships and inserting Award of scholarships, fellowships, and research internships ; (2) in paragraph (1)— (A) by striking scholarships and fellowships and inserting scholarships, fellowships, and research internships ; and (B) by striking science and mathematics and inserting the natural sciences, engineering, and mathematics ; (3) in paragraph (2), by striking mathematics and the natural sciences and inserting the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ) ; (4) in paragraph (3), by striking mathematics and the natural sciences and inserting the natural sciences, engineering, and mathematics ; (5) by redesignating paragraph (4) as paragraph (5); (6) in paragraph (5), as so redesignated, by striking scholarships and fellowships and inserting scholarships, fellowships, and research internships ; and (7) by inserting after paragraph (3) the following: (4) Research internships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ).. (b) Barry Goldwater Scholars and Research Interns Section 1405(b) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4704(b) ) is amended— (1) in the subsection heading, by adding and Research Interns after Scholars ; and (2) by adding at the end the following new sentence: Recipients of research internships under this title shall be known as Barry Goldwater Interns.. 6304. Stipends Section 1406 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4705 ) is amended by adding at the end the following: Each person awarded a research internship under this title shall receive a stipend as may be prescribed by the Board, which shall not exceed the maximum stipend amount awarded for a scholarship or fellowship.. 6305. Scholarship and research internship conditions Section 1407 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4706 ) is amended— (1) in the section heading, by inserting and research internship after scholarship ; (2) in subsection (a)— (A) by striking the subsection heading and inserting Scholarship conditions ; and (B) by striking and devoting full time to study or research and is not engaging in gainful employment other than employment approved by the Foundation ; (3) in subsection (b), by striking the subsection heading and inserting Reports on scholarships ; and (4) by adding at the end the following: (c) Research internship conditions A person awarded a research internship under this title may receive payments authorized under this title only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency pursuant to regulations of the Board. (d) Reports on research internships The Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a research internship under this title. Such reports may be accompanied by a certificate from an appropriate official at the institution of higher education or internship employer, approved by the Foundation, stating that such person is maintaining satisfactory progress in the internship.. 6306. Sustainable investments of funds Section 1408 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4707 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Investment in securities Notwithstanding subsection (b), the Secretary of the Treasury may invest any public or private funds received by the Foundation after the date of enactment of the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021 in securities other than or in addition to public debt securities of the United States, if— (1) the Secretary receives a determination from the Board that such investments are necessary to enable the Foundation to carry out the purposes of this title; and (2) the securities in which such funds are invested are traded in established United States markets. (d) Construction Nothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 4704, or to increase the amount of the stipend authorized by section 4705, as the Board considers appropriate and is otherwise consistent with the requirements of this title.. 6307. Administrative provisions Section 1411(a) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4710(a) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) appoint and fix the rates of basic pay of not more than three employees (in addition to the Executive Secretary appointed under section 4709) to carry out the provisions of this title, without regard to the provisions in chapter 33 of title 5, United States Code, governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that— (A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under section 5332 of title 5, United States Code; and (B) the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, United States Code, subject to the applicable limitation established under subsection (g) of such section; ; (2) in paragraph (2), by striking grade GS–18 under section 5332 of such title and inserting level IV of the Executive Schedule ; (3) in paragraph (7), by striking and at the end; (4) by redesignating paragraph (8) as paragraph (10); and (5) by inserting after paragraph (7) the following: (8) expend not more than 5 percent of the Foundation’s annual operating budget on programs that, in addition to or in conjunction with the Foundation’s scholarship financial awards, support the development of Goldwater Scholars throughout their professional careers; (9) expend not more than 5 percent of the Foundation’s annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and. 6401. Employee engagement steering committee and action plan (a) In general Title VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is amended by adding at the end the following new section: 711. Employee engagement (a) Steering committee Not later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: (1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. (2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. (3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. (4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. (5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications. (b) Action plan; reporting The Secretary, acting through the Chief Human Capital Officer, shall— (1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and (2) require the head of each component to— (A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; (B) monitor progress on implementation of such action plan; and (C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. (c) Termination This section shall terminate on the date that is five years after the date of the enactment of this section.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item: Sec. 711. Employee engagement.. (c) Submissions to Congress (1) Department-wide employee engagement action plan The Secretary of Homeland Security, acting through the Chief Human Capital Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the Department-wide employee engagement action plan required under subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of such plan under such subsection (b)(1). (2) Component-specific employee engagement plans Each head of a component of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the component-specific employee engagement plan of each such component required under subsection (b)(2) of section 711 of the Homeland Security Act of 2002 not later than 30 days after the issuance of each such plan under such subsection (b)(2). 711. Employee engagement (a) Steering committee Not later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: (1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. (2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. (3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. (4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. (5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications. (b) Action plan; reporting The Secretary, acting through the Chief Human Capital Officer, shall— (1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and (2) require the head of each component to— (A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; (B) monitor progress on implementation of such action plan; and (C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. (c) Termination This section shall terminate on the date that is five years after the date of the enactment of this section. 6402. Annual employee award program (a) In general Title VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ), as amended by section 6401 of this Act, is further amended by adding at the end the following new section: 712. Annual employee award program (a) In general The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall— (1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level; (2) publicize within the Department how any employee or group of employees may be nominated for an award; (3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; (4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and (5) publicize such program within the Department. (b) Internal review board The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees. (c) Rule of construction Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by section 6401 of this Act, is further amended by inserting after the item relating to section 711 the following new item: Sec. 712. Annual employee award program.. 712. Annual employee award program (a) In general The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall— (1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level; (2) publicize within the Department how any employee or group of employees may be nominated for an award; (3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; (4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and (5) publicize such program within the Department. (b) Internal review board The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees. (c) Rule of construction Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section. 6403. Chief Human Capital Officer responsibilities Section 704 of the Homeland Security Act of 2002 ( 6 U.S.C. 344 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by inserting , including with respect to leader development and employee engagement, after policies ; (ii) by striking and in line and inserting , in line ; and (iii) by inserting and informed by best practices within the Federal Government and the private sector, after priorities, ; (B) in paragraph (2), by striking develop performance measures to provide a basis for monitoring and evaluating and inserting use performance measures to evaluate, on an ongoing basis, ; (C) in paragraph (3), by inserting that, to the extent practicable, are informed by employee feedback after policies ; (D) in paragraph (4), by inserting including leader development and employee engagement programs, before in coordination ; (E) in paragraph (5), by inserting before the semicolon at the end the following: that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives ; (F) by redesignating paragraphs (9) and (10) as paragraphs (13) and (14), respectively; and (G) by inserting after paragraph (8) the following new paragraphs: (9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs; (10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees; (11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department; (12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives; ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection: (d) Chief Learning and Engagement Officer The Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section. ; and (4) in subsection (e), as so redesignated— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (1) the following new paragraphs: (2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction; (3) information on the progress of Departmentwide strategic workforce planning efforts as determined under paragraph (2) of subsection (b); (4) information on the activities of the steering committee established pursuant to section 711(a), including the number of meetings, types of materials developed and distributed, and recommendations made to the Secretary;. 6404. Independent investigation and implementation plan (a) In general Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall investigate whether the application in the Department of Homeland Security of discipline and adverse actions for managers and non-managers are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department that are appropriately calibrated to address the identified misconduct, taking into account relevant aggravating and mitigating factors. (b) Consultation In carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the Under Secretary for Management of the Department of Homeland Security and the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by section 6401(a) of this Act). (c) Action by Under Secretary for Management Upon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States in such investigation. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 711. 6405. Authorization of the acquisition professional career program (a) In general Title VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ), as amended by sections 6401 and 6402 of this Act, is further amended by adding at the end the following new section: 713. Acquisition professional career program (a) Establishment There is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. (b) Administration The Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). (c) Program requirements The Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. (1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. (2) Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program. (3) Carry out recruitment efforts to attract candidates— (A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; (B) with diverse work experience outside of the Federal Government; or (C) with military service. (4) Hire eligible candidates for designated positions under the program. (5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. (6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. (d) Reports Not later than one year after the date of the enactment of this section, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: (1) The number of candidates approved for the program. (2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information. (3) A breakdown of the number of participants hired under the program by type of acquisition position. (4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. (5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available. (6) The Department’s recruiting efforts for the program. (7) The Department’s efforts to promote retention of program participants. (e) Definitions In this section: (1) Hispanic-serving institution The term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (2) Historically Black colleges and universities The term historically Black colleges and universities has the meaning given the term part B institution in section 322(2) of Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ). (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by sections 6401 and 6402 of this Act, is further amended by inserting after the item relating to section 712 the following new item: Sec. 713. Acquisition professional career program.. 713. Acquisition professional career program (a) Establishment There is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. (b) Administration The Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). (c) Program requirements The Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. (1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. (2) Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program. (3) Carry out recruitment efforts to attract candidates— (A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; (B) with diverse work experience outside of the Federal Government; or (C) with military service. (4) Hire eligible candidates for designated positions under the program. (5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. (6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. (d) Reports Not later than one year after the date of the enactment of this section, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: (1) The number of candidates approved for the program. (2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information. (3) A breakdown of the number of participants hired under the program by type of acquisition position. (4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. (5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available. (6) The Department’s recruiting efforts for the program. (7) The Department’s efforts to promote retention of program participants. (e) Definitions In this section: (1) Hispanic-serving institution The term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (2) Historically Black colleges and universities The term historically Black colleges and universities has the meaning given the term part B institution in section 322(2) of Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ). (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). 6406. National urban security technology laboratory (a) In general Title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) is amended by adding at the end the following new section: 322. National urban security technology laboratory (a) In general The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2) of this Act. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. (b) Laboratory described The laboratory described in this subsection is the laboratory— (1) known, as of the date of the enactment of this section, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to section 303(1)(E) of this Act. (c) Laboratory activities The National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. (d) Rule of construction Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 321 the following new item: Sec. 322. National Urban Security Technology Laboratory.. 322. National urban security technology laboratory (a) In general The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2) of this Act. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. (b) Laboratory described The laboratory described in this subsection is the laboratory— (1) known, as of the date of the enactment of this section, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to section 303(1)(E) of this Act. (c) Laboratory activities The National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. (d) Rule of construction Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department. 6407. Department of Homeland Security Blue Campaign enhancement Section 434 of the Homeland Security Act of 2002 ( 6 U.S.C. 242 ) is amended— (1) in subsection (e)(6), by striking utilizing resources, and inserting developing and utilizing, in consultation with the Blue Campaign Advisory Board established pursuant to subsection (g), resources ; and (2) by adding at the end the following new subsections: (f) Web-based training programs To enhance training opportunities, the Director of the Blue Campaign shall develop web-based interactive training videos that utilize a learning management system to provide online training opportunities. During the 10-year period beginning on the date that is 90 days after the date of the enactment of this subsection such training opportunities shall be made available to the following individuals: (1) Federal, State, local, Tribal, and territorial law enforcement officers. (2) Non-Federal correction system personnel. (3) Such other individuals as the Director determines appropriate. (g) Blue campaign advisory board (1) In general There is established in the Department a Blue Campaign Advisory Board, which shall be comprised of representatives assigned by the Secretary from— (A) the Office for Civil Rights and Civil Liberties of the Department; (B) the Privacy Office of the Department; and (C) not fewer than four other separate components or offices of the Department. (2) Charter The Secretary is authorized to issue a charter for the Blue Campaign Advisory Board, and such charter shall specify the following: (A) The Board’s mission, goals, and scope of its activities. (B) The duties of the Board’s representatives. (C) The frequency of the Board’s meetings. (3) Consultation The Director shall consult the Blue Campaign Advisory Board and, as appropriate, experts from other components and offices of the Center for Countering Human Trafficking of the Department regarding the following: (A) Recruitment tactics used by human traffickers to inform the development of training and materials by the Blue Campaign. (B) The development of effective awareness tools for distribution to Federal and non-Federal officials to identify and prevent instances of human trafficking. (C) Identification of additional persons or entities that may be uniquely positioned to recognize signs of human trafficking and the development of materials for such persons. (h) Consultation With regard to the development of programs under the Blue Campaign and the implementation of such programs, the Director is authorized to consult with State, local, Tribal, and territorial agencies, non-governmental organizations, private sector organizations, and experts.. 6408. Medical countermeasures program (a) In general Subtitle C of title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 597 ) is amended by adding at the end the following new section: 1932. Medical countermeasures (a) In general Subject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to— (1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and (2) support the mission continuity of the Department. (b) Oversight The Secretary, acting through the Chief Medical Officer of the Department, shall— (1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and (2) develop standards for— (A) medical countermeasure storage, security, dispensing, and documentation; (B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate; (C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations; (D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures; (E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; (F) providing training to employees of the Department on medical countermeasures; and (G) supporting dispensing exercises. (c) Medical countermeasures working group The Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent. (d) Medical countermeasures management Not later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including— (1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated; (2) a replenishment plan; and (3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases. (e) Transfer Not later than 120 days after the date of enactment of this section, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer. (f) Stockpile elements In determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department— (1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and (2) may use, if available— (A) chemical, biological, radiological, and nuclear risk assessments of the Department; and (B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention. (g) Briefing Not later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding— (1) the plan developed under subsection (d); and (2) implementation of the requirements of this section. (h) Definition In this section, the term medical countermeasures means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 1931 the following new item: Sec. 1932. Medical countermeasures.. 1932. Medical countermeasures (a) In general Subject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to— (1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and (2) support the mission continuity of the Department. (b) Oversight The Secretary, acting through the Chief Medical Officer of the Department, shall— (1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and (2) develop standards for— (A) medical countermeasure storage, security, dispensing, and documentation; (B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate; (C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations; (D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures; (E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; (F) providing training to employees of the Department on medical countermeasures; and (G) supporting dispensing exercises. (c) Medical countermeasures working group The Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent. (d) Medical countermeasures management Not later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including— (1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated; (2) a replenishment plan; and (3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases. (e) Transfer Not later than 120 days after the date of enactment of this section, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer. (f) Stockpile elements In determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department— (1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and (2) may use, if available— (A) chemical, biological, radiological, and nuclear risk assessments of the Department; and (B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention. (g) Briefing Not later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding— (1) the plan developed under subsection (d); and (2) implementation of the requirements of this section. (h) Definition In this section, the term medical countermeasures means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic. 6409. Critical domain research and development (a) In general Subtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 et seq. ) is amended by adding at the end the following new section: 890B. Homeland security critical domain research and development (a) In general (1) Research and development The Secretary is authorized to conduct research and development to— (A) identify United States critical domains for economic security and homeland security; and (B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security. (2) Requirements (A) Risk analysis of critical domains The research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following: (i) The vulnerability and resilience of relevant supply chains. (ii) Foreign production, processing, and manufacturing methods. (iii) Influence of malign economic actors. (iv) Asset ownership. (v) Relationships within the supply chains of such domains. (vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction. (B) Additional research into high-risk critical domains Based on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall— (i) describe the underlying infrastructure and processes; (ii) analyze present and projected performance of industries that comprise or support such domain; (iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area; (iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries; (v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints; (vi) identify and define needs and requirements to establish supply resiliency within each such domain; and (vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances. (3) Consultation In conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders. (4) Publication Beginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026. (b) Submission to Congress Not later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report. (c) Definitions In this section: (1) United States critical domains for economic security The term United States critical domains for economic security means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States. (2) Economic security The term economic security means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values. (d) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 890A the following new item: Sec. 890B. Homeland security critical domain research and development.. 890B. Homeland security critical domain research and development (a) In general (1) Research and development The Secretary is authorized to conduct research and development to— (A) identify United States critical domains for economic security and homeland security; and (B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security. (2) Requirements (A) Risk analysis of critical domains The research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following: (i) The vulnerability and resilience of relevant supply chains. (ii) Foreign production, processing, and manufacturing methods. (iii) Influence of malign economic actors. (iv) Asset ownership. (v) Relationships within the supply chains of such domains. (vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction. (B) Additional research into high-risk critical domains Based on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall— (i) describe the underlying infrastructure and processes; (ii) analyze present and projected performance of industries that comprise or support such domain; (iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area; (iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries; (v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints; (vi) identify and define needs and requirements to establish supply resiliency within each such domain; and (vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances. (3) Consultation In conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders. (4) Publication Beginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026. (b) Submission to Congress Not later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report. (c) Definitions In this section: (1) United States critical domains for economic security The term United States critical domains for economic security means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States. (2) Economic security The term economic security means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values. (d) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section. 6410. CBP Donations Acceptance Program Reauthorization Section 482 of the Homeland Security Act of 2002 ( 6 U.S.C. 301a ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting or -leased before land ; and (ii) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting or -leased before land ; (II) in clause (i), by striking $50,000,000 and inserting $75,000,000 ; and (III) by amending clause (ii) to read as follows: (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years. ; and (B) in paragraph (3), in the matter preceding subparagraph (A), by inserting or -leased before land ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking Administrator of the General Services Administration and inserting Administrator of General Services ; (B) in paragraph (1)(C)— (i) in clause (i), by striking $50,000,000 and inserting $75,000,000 ; and (ii) by amending clause (ii) to read as follows: (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years. ; and (C) in paragraph (4)— (i) in subparagraph (A), by striking terminate and all that follows through the period at the end and inserting terminate on December 31, 2026. ; and (ii) in subparagraph (B), by striking carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date and inserting a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date ; (3) in subsection (c)(6)(B), by striking the donation will not be used for the construction of a detention facility or a border fence or wall. and inserting the following: (i) the donation will not be used for the construction of a detention facility or a border fence or wall; and (ii) the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise. ; (4) in subsection (d), in the matter preceding paragraph (1), by striking annual and inserting biennial ; and (5) in subsection (e), by striking Administrator of the General Services Administration and inserting Administrator of General Services. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response (a) Survey Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (referred to in this section as the Administrator ), in consultation with the labor organization certified as the exclusive representative of full- and part-time nonsupervisory Administration personnel carrying out screening functions under section 44901 of title 49, United States Code, shall conduct a survey of the Transportation Security Administration (referred to in this section as the Administration ) workforce regarding the Administration’s response to the COVID–19 pandemic. Such survey shall be conducted in a manner that allows for the greatest practicable level of workforce participation. (b) Contents In conducting the survey required under subsection (a), the Administrator shall solicit feedback on the following: (1) The Administration’s communication and collaboration with the Administration’s workforce regarding the Administration’s response to the COVID–19 pandemic and efforts to mitigate and monitor transmission of COVID–19 among its workforce, including through— (A) providing employees with personal protective equipment and mandating its use; (B) modifying screening procedures and Administration operations to reduce transmission among officers and passengers and ensuring compliance with such changes; (C) adjusting policies regarding scheduling, leave, and telework; (D) outreach as a part of contact tracing when an employee has tested positive for COVID–19; and (E) encouraging COVID–19 vaccinations and efforts to assist employees that seek to be vaccinated such as communicating the availability of duty time for travel to vaccination sites and recovery from vaccine side effects. (2) Any other topic determined appropriate by the Administrator. (c) Report Not later than 30 days after completing the survey required under subsection (a), the Administration shall provide a report summarizing the results of the survey to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 6412. Transportation Security Preparedness Plan (a) Plan required Section 114 of title 49, United States Code, is amended by adding at the end the following new subsection: (x) Transportation Security Preparedness Plan (1) In general Not later than two years after the date of the enactment of this subsection, the Secretary of Homeland Security, acting through the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), shall develop a transportation security preparedness plan to address the event of a communicable disease outbreak. The Secretary, acting through the Administrator, shall ensure such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks. (2) Considerations In developing the plan required under paragraph (1), the Secretary, acting through the Administrator, shall consider each of the following: (A) The findings of the survey required under section 6411 of the National Defense Authorization Act for Fiscal Year 2022. (B) The findings of the analysis required under section 6414 of the National Defense Authorization Act for Fiscal Year 2022. (C) The plan required under section 6415 of the National Defense Authorization Act for Fiscal Year 2022. (D) All relevant reports and recommendations regarding the Administration’s response to the COVID–19 pandemic, including any reports and recommendations issued by the Comptroller General and the Inspector General of the Department of Homeland Security. (E) Lessons learned from Federal interagency efforts during the COVID–19 pandemic. (3) Contents of plan The plan developed under paragraph (1) shall include each of the following: (A) Plans for communicating and collaborating in the event of a communicable disease outbreak with the following partners: (i) Appropriate Federal departments and agencies, including the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Department of Transportation, the Department of Labor, and appropriate interagency task forces. (ii) The workforce of the Administration, including through the labor organization certified as the exclusive representative of full- and part-time non-supervisory Administration personnel carrying out screening functions under section 44901 of this title. (iii) International partners, including the International Civil Aviation Organization and foreign governments, airports, and air carriers. (iv) Public and private stakeholders, as such term is defined under subsection (t)(1)(C). (v) The traveling public. (B) Plans for protecting the safety of the Transportation Security Administration workforce, including— (i) reducing the risk of communicable disease transmission at screening checkpoints and within the Administration’s workforce related to the Administration’s transportation security operations and mission; (ii) ensuring the safety and hygiene of screening checkpoints and other workstations; (iii) supporting equitable and appropriate access to relevant vaccines, prescriptions, and other medical care; and (iv) tracking rates of employee illness, recovery, and death. (C) Criteria for determining the conditions that may warrant the integration of additional actions in the aviation screening system in response to the communicable disease outbreak and a range of potential roles and responsibilities that align with such conditions. (D) Contingency plans for temporarily adjusting checkpoint operations to provide for passenger and employee safety while maintaining security during the communicable disease outbreak. (E) Provisions setting forth criteria for establishing an interagency task force or other standing engagement platform with other appropriate Federal departments and agencies, including the Department of Health and Human Services and the Department of Transportation, to address such communicable disease outbreak. (F) A description of scenarios in which the Administrator should consider exercising authorities provided under subsection (g) and for what purposes. (G) Considerations for assessing the appropriateness of issuing security directives and emergency amendments to regulated parties in various modes of transportation, including surface transportation, and plans for ensuring compliance with such measures. (H) A description of any potential obstacles, including funding constraints and limitations to authorities, that could restrict the ability of the Administration to respond appropriately to a communicable disease outbreak. (4) Dissemination Upon development of the plan required under paragraph (1), the Administrator shall disseminate the plan to the partners identified under paragraph (3)(A) and to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate. (5) Review of plan Not later than two years after the date on which the plan is disseminated under paragraph (4), and biennially thereafter, the Secretary, acting through the Administrator and in coordination with the Chief Medical Officer of the Department of Homeland Security, shall review the plan and, after consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), update the plan as appropriate.. (b) Comptroller General report Not later than one year after the date on which the transportation security preparedness plan required under subsection (x) of section 114 of title 49, United States Code, as added by subsection (a), is disseminated under paragraph (4) of such subsection (x), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of a study assessing the transportation security preparedness plan, including an analysis of— (1) whether such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks; and (2) the extent to which the Transportation Security Administration is prepared to implement the plan. 6413. Authorization of Transportation Security Administration personnel details (a) Coordination Pursuant to sections 106(m) and 114(m) of title 49, United States Code, the Administrator of the Transportation Security Administration may provide Transportation Security Administration personnel, who are not engaged in front line transportation security efforts, to other components of the Department and other Federal agencies to improve coordination with such components and agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States. (b) Briefing Not later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding efforts to improve coordination with other components of the Department of Homeland Security and other Federal agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States. 6414. Transportation Security Administration preparedness (a) Analysis (1) In general The Administrator of the Transportation Security Administration shall conduct an analysis of preparedness of the transportation security system of the United States for public health threats. Such analysis shall assess, at a minimum, the following: (A) The risks of public health threats to the transportation security system of the United States, including to transportation hubs, transportation security stakeholders, Transportation Security Administration (TSA) personnel, and passengers. (B) Information sharing challenges among relevant components of the Department of Homeland Security, other Federal agencies, international entities, and transportation security stakeholders. (C) Impacts to TSA policies and procedures for securing the transportation security system. (2) Coordination The analysis conducted of the risks described in paragraph (1)(A) shall be conducted in coordination with the Chief Medical Officer of the Department of Homeland Security, the Secretary of Health and Human Services, and transportation security stakeholders. (b) Briefing Not later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees on the following: (1) The analysis required under subsection (a). (2) Technologies necessary to combat public health threats at security screening checkpoints, such as testing and screening technologies, including temperature screenings, to better protect from future public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area of an airport through such checkpoints, and the estimated cost of technology investments needed to fully implement across the aviation system solutions to such threats. (3) Policies and procedures implemented by TSA and transportation security stakeholders to protect from public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area through the security screening checkpoints, as well as future plans for additional measures relating to such protection. (4) The role of TSA in establishing priorities, developing solutions, and coordinating and sharing information with relevant domestic and international entities during a public health threat to the transportation security system, and how TSA can improve its leadership role in such areas. (c) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate. (2) The term sterile area has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations. (3) The term TSA means the Transportation Security Administration. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints (a) In general Not later than 90 days after the date of the enactment of this Act, the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, shall issue and commence implementing a plan to enhance, as appropriate, security operations at airports during the COVID–19 national emergency in order to reduce risk of the spread of the coronavirus at passenger screening checkpoints and among the TSA workforce. (b) Contents The plan required under subsection (a) shall include the following: (1) An identification of best practices developed and screening technologies deployed in response to the coronavirus among foreign governments, airports, and air carriers conducting aviation security screening operations, as well as among Federal agencies conducting similar security screening operations outside of airports, including in locations where the spread of the coronavirus has been successfully contained, that could be further integrated into the United States aviation security system. (2) Specific operational changes to aviation security screening operations informed by the identification of best practices and screening technologies under paragraph (1) that could be implemented without degrading aviation security and a corresponding timeline and costs for implementing such changes. (c) Considerations In carrying out the identification of best practices under subsection (b), the Administrator shall take into consideration the following: (1) Aviation security screening procedures and practices in place at security screening locations, including procedures and practices implemented in response to the coronavirus. (2) Volume and average wait times at each such security screening location. (3) Public health measures already in place at each such security screening location. (4) The feasibility and effectiveness of implementing similar procedures and practices in locations where such are not already in place. (5) The feasibility and potential benefits to security, public health, and travel facilitation of continuing any procedures and practices implemented in response to the COVID–19 national emergency beyond the end of such emergency. (d) Consultation In developing the plan required under subsection (a), the Administrator may consult with public and private stakeholders and the TSA workforce, including through the labor organization certified as the exclusive representative of full- and part-time nonsupervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code. (e) Submission Upon issuance of the plan required under subsection (a), the Administrator shall submit the plan to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (f) Issuance and implementation The Administrator shall not be required to issue or implement, as the case may be, the plan required under subsection (a) upon the termination of the COVID–19 national emergency except to the extent the Administrator determines such issuance or implementation, as the case may be, to be feasible and beneficial to security screening operations. (g) GAO review Not later than one year after the issuance of the plan required under subsection (a) (if such plan is issued in accordance with subsection (f)), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review, if appropriate, of such plan and any efforts to implement such plan. (h) Definitions In this section: (1) The term Administrator means the Administrator of the Transportation Security Administration. (2) The term coronavirus has the meaning given such term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ). (3) The term COVID–19 national emergency means the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) on March 13, 2020, with respect to the coronavirus. (4) The term public and private stakeholders has the meaning given such term in section 114(t)(1)(C) of title 49, United States Code. (5) The term TSA means the Transportation Security Administration. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of Department of Homeland Security trusted traveler programs. Such review shall examine the following: (1) The extent to which the Department of Homeland Security tracks data and monitors trends related to trusted traveler programs, including root causes for identity-matching errors resulting in an individual’s enrollment in a trusted traveler program being reinstated. (2) Whether the Department coordinates with the heads of other relevant Federal, State, local, Tribal, or territorial entities regarding redress procedures for disqualifying offenses not covered by the Department’s own redress processes but which offenses impact an individual’s enrollment in a trusted traveler program. (3) How the Department may improve individuals’ access to reconsideration procedures regarding a disqualifying offense for enrollment in a trusted traveler program that requires the involvement of any other Federal, State, local, Tribal, or territorial entity. (4) The extent to which travelers are informed about reconsideration procedures regarding enrollment in a trusted traveler program. 6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs Notwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon reenrollment in such a program by such an individual. 6418. Threat information sharing (a) Prioritization The Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under section 210A of the Homeland Security Act of 2002 ( 6 U.S.C. 124h ) from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participating State, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing, in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, of information regarding threats of terrorism and other threats, including targeted violence. (b) Intelligence products Officers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on such products that relate to threats of terrorism and other threats, including targeted violence, to surface transportation assets that— (1) assist State, local, and Tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to such threats; (2) promote more consistent and timely sharing with and among jurisdictions of threat information; and (3) enhance the Department of Homeland Security’s situational awareness of such threats. (c) Clearances The Secretary of Homeland Security shall make available to appropriate owners and operators of surface transportation assets, and to any other person that the Secretary determines appropriate to foster greater sharing of classified information relating to threats of terrorism and other threats, including targeted violence, to surface transportation assets, the process of application for security clearances under Executive Order No. 13549 (75 Fed. Reg. 162; relating to a classified national security information program) or any successor Executive order. (d) Report to Congress Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes a detailed description of the measures used to ensure privacy rights, civil rights, and civil liberties protections in carrying out this section. (e) GAO report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the implementation of this section, including an assessment of the measures used to ensure privacy rights, civil rights, and civil liberties protections, and any recommendations to improve this implementation, together with any recommendations to improve information sharing with State, local, Tribal, territorial, and private sector entities to prevent, identify, and respond to threats of terrorism and other threats, including targeted violence, to surface transportation assets. (f) Definitions In this section: (1) The term surface transportation asset includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1131(5) )); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of— (i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1151(4) )); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. (2) The term targeted violence means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death. (3) The term terrorism means the terms— (A) domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and (B) international terrorism (as such term is defined in section 2331(1) of title 18, United States Code). 6419. Local law enforcement security training (a) In general The Secretary of Homeland Security, in consultation with public and private sector stakeholders, may in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to threats of terrorism and other threats, including targeted violence, at a surface transportation asset. (b) Requirements If the Secretary of Homeland Security develops the training program described in subsection (a), such training program shall— (1) be informed by current information regarding tactics used by terrorists and others engaging in targeted violence; (2) include tactical instruction tailored to the diverse nature of the surface transportation asset operational environment; and (3) prioritize training officers from law enforcement agencies that are eligible for or receive grants under sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) and officers employed by railroad carriers that operate passenger service, including interstate passenger service. (c) Report If the Secretary of Homeland Security develops the training program described in subsection (a), not later than one year after the date on which the Secretary first implements the program, and annually thereafter during each year the Secretary carries out the program, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the program. Each such report shall include, for the year covered by the report— (1) a description of the curriculum for the training and any changes to such curriculum; (2) an identification of any contracts entered into for the development or provision of training under the program; (3) information on the law enforcement agencies the personnel of which received the training, and for each such agency, the number of participants; and (4) a description of the measures used to ensure the program was carried out to provide for protections of privacy rights, civil rights, and civil liberties. (d) Definitions In this section: (1) The term public and private sector stakeholders has the meaning given such term in section 114(t)(1)(c) of title 49, United States Code. (2) The term surface transportation asset includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1131(5) )); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of— (i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1151(4) )); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. (3) The term targeted violence means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death. (4) The term terrorism means the terms— (A) domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and (B) international terrorism (as such term is defined in section 2331(1) of title 18, United States Code). 6420. Allowable uses of funds for public transportation security assistance grants Subparagraph (A) of section 1406(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135(b)(2) ; Public Law 110–53 ) is amended by inserting and associated backfill after security training. 6421. Periods of performance for public transportation security assistance grants Section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 ; Public Law 110–53 ) is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: (m) Periods of performance (1) In general Except as provided in paragraph (2), funds provided pursuant to a grant awarded under this section for a use specified in subsection (b) shall remain available for use by a grant recipient for a period of not fewer than 36 months. (2) Exception Funds provided pursuant to a grant awarded under this section for a use specified in subparagraph (M) or (N) of subsection (b)(1) shall remain available for use by a grant recipient for a period of not fewer than 48 months.. 6422. GAO review of public transportation security assistance grant program (a) In general The Comptroller General of the United States shall conduct a review of the public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 ; Public Law 110–53 ). (b) Scope The review required under paragraph (1) shall include the following: (1) An assessment of the type of projects funded under the public transportation security grant program referred to in such paragraph. (2) An assessment of the manner in which such projects address threats to public transportation infrastructure. (3) An assessment of the impact, if any, of sections 5342 through 5345 (including the amendments made by this Act) on types of projects funded under the public transportation security assistance grant program. (4) An assessment of the management and administration of public transportation security assistance grant program funds by grantees. (5) Recommendations to improve the manner in which public transportation security assistance grant program funds address vulnerabilities in public transportation infrastructure. (6) Recommendations to improve the management and administration of the public transportation security assistance grant program. (c) Report Not later than one year after the date of the enactment of this Act and again not later than five years after such date of enactment, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section. 6423. Sensitive security information; aviation security (a) Sensitive security information (1) In general Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall— (A) ensure clear and consistent designation of Sensitive Security Information , including reasonable security justifications for such designation; (B) develop and implement a schedule to regularly review and update, as necessary, TSA Sensitive Security Information identification guidelines; (C) develop a tracking mechanism for all Sensitive Security Information redaction and designation challenges; (D) document justifications for changes in position regarding Sensitive Security Information redactions and designations, and make such changes accessible to TSA personnel for use with relevant stakeholders, including air carriers, airport operators, surface transportation operators, and State and local law enforcement, as necessary; and (E) ensure that TSA personnel are adequately trained on appropriate designation policies. (2) Stakeholder outreach Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall conduct outreach to relevant stakeholders described in paragraph (1)(D) that regularly are granted access to Sensitive Security Information to raise awareness of the TSA’s policies and guidelines governing the designation and use of Sensitive Security Information. (b) Aviation security (1) In general Not later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop and implement guidelines with respect to domestic and last point of departure airports to— (A) ensure the inclusion, as appropriate, of air carriers, domestic airport operators, and other transportation security stakeholders in the development and implementation of security directives and emergency amendments; (B) document input provided by air carriers, domestic airport operators, and other transportation security stakeholders during the security directive and emergency amendment, development, and implementation processes; (C) define a process, including timeframes, and with the inclusion of feedback from air carriers, domestic airport operators, and other transportation security stakeholders, for cancelling or incorporating security directives and emergency amendments into security programs; (D) conduct engagement with foreign partners on the implementation of security directives and emergency amendments, as appropriate, including recognition if existing security measures at a last point of departure airport are found to provide commensurate security as intended by potential new security directives and emergency amendments; and (E) ensure that new security directives and emergency amendments are focused on defined security outcomes. (2) Briefing to Congress Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the guidelines described in paragraph (1). (3) Decisions not subject to judicial review Notwithstanding any other provision of law, any action of the Administrator of the Transportation Security Administration under paragraph (1) is not subject to judicial review. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations (a) In general The United States is authorized to participate in the Coalition for Epidemic Preparedness Innovations (referred to in this section as CEPI ). (b) Investors council and board of directors (1) Initial designation The President shall designate an employee of the United States Agency for International Development to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States during the period beginning on the date of such designation and ending on September 30, 2022. (2) Ongoing designations The President may designate an employee of the relevant Federal department or agency with fiduciary responsibility for United States contributions to CEPI to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States. (3) Qualifications Any employee designated pursuant to paragraph (1) or (2) shall have demonstrated knowledge and experience in the field of development and, if designated from a Federal department or agency with primary fiduciary responsibility for United States contributions pursuant to paragraph (2), in the field of public health, epidemiology, or medicine. (4) Coordination In carrying out the responsibilities under this section, any employee designated pursuant to paragraph (1) or (2) shall coordinate with the Secretary of Health and Human Services to promote alignment, as appropriate, between CEPI and the strategic objectives and activities of the Secretary of Health and Human Services with respect to the research, development, and procurement of medical countermeasures, consistent with titles III and XXVIII of the Public Health Service Act ( 42 U.S.C. 241 et seq. and 300hh et seq.). (c) Consultation Not later than 60 days after the date of the enactment of this Act, the employee designated pursuant to subsection (b)(1) shall consult with the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives regarding— (1) the manner and extent to which the United States plans to participate in CEPI, including through the governance of CEPI; (2) any planned financial contributions from the United States to CEPI; and (3) how participation in CEPI is expected to support— (A) the applicable revision of the National Biodefense Strategy required under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 ( 6 U.S.C. 104 ); and (B) any other relevant programs relating to global health security and biodefense. 6502. Required notification and reports related to Peacekeeping Operations account (a) Congressional notification Not later than 15 days prior to the obligation of amounts made available to provide assistance pursuant to section 551 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 ), the Secretary of State shall submit to the appropriate congressional committees a notification, in accordance with the applicable procedures under section 634A of such Act ( 22 U.S.C. 2394–1 ), that includes, with respect to such assistance, the following: (1) An itemized identification of each foreign country or entity the capabilities of which the assistance is intended to support. (2) An identification of the amount, type, and purpose of assistance to be provided to each such country or entity. (3) An assessment of the capacity of each such country or entity to effectively implement, benefit from, or use the assistance to be provided for the intended purpose identified under paragraph (2). (4) A description of plans to encourage and monitor adherence to international human rights and humanitarian law by the foreign country or entity receiving the assistance. (5) An identification of any implementers, including third party contractors or other such entities, and the anticipated timeline for implementing any activities to carry out the assistance. (6) As applicable, a description of plans to sustain and account for any military or security equipment and subsistence funds provided as an element of the assistance beyond the date of completion of such activities, including the estimated cost and source of funds to support such sustainment. (7) An assessment of how such activities promote the following: (A) The diplomatic and national security objectives of the United States. (B) The objectives and regional strategy of the country or entity receiving the assistance. (C) The priorities of the United States regarding the promotion of good governance, rule of law, the protection of civilians, and human rights. (D) The peacekeeping capabilities of partner countries of the country or entity receiving the assistance, including an explanation if such activities do not support peacekeeping. (8) An assessment of the possible impact of such activities on local political and social dynamics, including a description of any consultations with local civil society. (b) Reports on programs under Peacekeeping Operations account (1) Annual report Not later than 90 days after the enactment of this Act, and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report on any security assistance made available, during the three fiscal years preceding the date on which the report is submitted, to foreign countries that received assistance authorized under section 551 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 ) for any of the following purposes: (A) Building the capacity of the foreign military, border security, or law enforcement entities, of the country. (B) Strengthening the rule of law of the country. (C) Countering violent extremist ideology or recruitment within the country. (2) Matters Each report under paragraph (1) shall include, with respect to each foreign country that has received assistance as specified in such paragraph, the following: (A) An identification of the authority used to provide such assistance and a detailed description of the purpose of assistance provided. (B) An identification of the amount of such assistance and the program under which such assistance was provided. (C) A description of the arrangements to sustain any equipment provided to the country as an element of such assistance beyond the date of completion of the assistance, including the estimated cost and source of funds to support such sustainment. (D) An assessment of the impact of such assistance on the peacekeeping capabilities and security situation of the country, including with respect to the levels of conflict and violence, the local, political, and social dynamics, and the human rights record, of the country. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committees on Appropriations of the Senate and of the House of Representatives. 6503. Transnational Repression Accountability and Prevention (a) Sense of Congress It is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL's databases and processes, including Notice and Diffusion mechanisms, to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists. (b) Support for INTERPOL institutional reforms The Attorney General and the Secretary of State shall— (1) use the voice, vote, and influence of the United States, as appropriate, within INTERPOL’s General Assembly and Executive Committee to promote reforms aimed at improving the transparency of INTERPOL and ensuring its operation consistent with its Constitution, particularly articles 2 and 3, and Rules on the Processing of Data, including— (A) supporting INTERPOL’s reforms enhancing the screening process for Notices, Diffusions, and other INTERPOL communications to ensure they comply with INTERPOL’s Constitution and Rules on the Processing of Data (RPD); (B) supporting and strengthening INTERPOL’s coordination with the Commission for Control of INTERPOL’s Files (CCF) in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of articles 2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit such member country from seeking the publication or issuance of any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual based on the same set of claims or facts; (C) increasing, to the extent practicable, dedicated funding to the CCF and the Notices and Diffusions Task Force in order to further expand operations related to the review of requests for red notices and red diffusions; (D) supporting candidates for positions within INTERPOL’s structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have demonstrated experience relating to and respect for the rule of law; (E) seeking to require INTERPOL in its annual report to provide a detailed account, disaggregated by member country or entity of— (i) the number of Notice requests, disaggregated by color, that it received; (ii) the number of Notice requests, disaggregated by color, that it rejected; (iii) the category of violation identified in each instance of a rejected Notice; (iv) the number of Diffusions that it cancelled without reference to decisions by the CCF; and (v) the sources of all INTERPOL income during the reporting period; and (F) supporting greater transparency by the CCF in its annual report by providing a detailed account, disaggregated by country, of— (i) the number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications; and (ii) the category of violation alleged in each such complaint; (2) inform the INTERPOL General Secretariat about incidents in which member countries abuse INTERPOL communications for politically motivated or other unlawful purposes so that, as appropriate, action can be taken by INTERPOL; and (3) request to censure member countries that repeatedly abuse and misuse INTERPOL's red notice and red diffusion mechanisms, including restricting the access of those countries to INTERPOL's data and information systems. (c) Report on INTERPOL (1) In general Not later than 180 days after the date of enactment of this Act, and biannually thereafter for a period of 4 years, the Attorney General and the Secretary of State, in consultation with the heads of other relevant United States Government departments or agencies, shall submit to the appropriate committees of Congress a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A list of countries that the Attorney General and the Secretary determine have repeatedly abused and misused the red notice and red diffusion mechanisms for political purposes. (B) A description of the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited. (C) An assessment of the adequacy of INTERPOL mechanisms for challenging abusive requests, including the Commission for the Control of INTERPOL’s Files (CCF), an assessment of the CCF’s March 2017 Operating Rules, and any shortcoming the United States believes should be addressed. (D) A description of how INTERPOL's General Secretariat identifies requests for red notice or red diffusions that are politically motivated or are otherwise in violation of INTERPOL's rules and how INTERPOL reviews and addresses cases in which a member country has abused or misused the red notice and red diffusion mechanisms for overtly political purposes. (E) A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents. (F) A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (G) A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity. (H) A description of United States advocacy for reform and good governance within INTERPOL. (I) A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (3) Form of report Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex, as appropriate. The unclassified portion of the report shall be posted on a publicly available website of the Department of State and of the Department of Justice. (4) Briefing Not later than 30 days after the submission of each report under paragraph (1), the Department of Justice and the Department of State, in coordination with other relevant United States Government departments and agencies, shall brief the appropriate committees of Congress on the content of the reports and recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL. (d) Prohibition regarding basis for extradition No United States Government department or agency may extradite an individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual. (e) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (2) INTERPOL communications The term INTERPOL communications means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL. 6504. Human rights awareness for American athletic delegations (a) Sense of Congress It is the sense of Congress that individuals representing the United States at international athletic competitions in foreign countries should have the opportunity to be informed about human rights and security concerns in such countries and how best to safeguard their personal security and privacy. (b) In general (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall devise and implement a strategy for disseminating briefing materials, including information described in subsection (c), to individuals representing the United States at international athletic competitions in a covered country. (2) Timing and form of materials (A) In general The briefing materials referred to in paragraph (1) shall be offered not later than 180 days prior to the commencement of an international athletic competition in a covered country. (B) Form of delivery Briefing materials related to the human rights record of covered countries may be delivered electronically or disseminated in person, as appropriate. (C) Special consideration Information briefing materials related to personal security risks may be offered electronically, in written format, by video teleconference, or prerecorded video. (3) Consultations In devising and implementing the strategy required under paragraph (1), the Secretary of State shall consult with the following: (A) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate, not later than 90 days after the date of the enactment of this Act. (B) Leading human rights nongovernmental organizations and relevant subject-matter experts in determining the content of the briefings required under this subsection. (C) The United States Olympic and Paralympic Committee and the national governing bodies of amateur sports that play a role in determining which individuals represent the United States in international athletic competitions, regarding the most appropriate and effective method to disseminate briefing materials. (c) Content of briefings The briefing materials required under subsection (b) shall include, with respect to a covered country hosting an international athletic competition in which individuals may represent the United States, the following: (1) Information on the human rights concerns present in such covered country, as described in the Department of State’s Annual Country Reports on Human Rights Practices. (2) Information, as applicable, on risks such individuals may face to their personal and digital privacy and security, and recommended measures to safeguard against certain forms of foreign intelligence targeting, as appropriate. (d) Covered country defined In this section, the term covered country means, with respect to a country hosting an international athletic competition in which individuals representing the United States may participate, any of the following: (1) Any Communist country specified in subsection (f) of section 620 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(f) ). (2) Any country ranked as a Tier 3 country in the most recent Department of State’s annual Trafficking in Persons Report. (3) Any other country the Secretary of State determines presents serious human rights concerns for the purpose of informing such individuals. (4) Any country the Secretary of State, in consultation with other cabinet officials as appropriate, determines presents a serious counterintelligence risk. 6505. Cooperation between the United States and Ukraine regarding the titanium industry (a) Statement of policy It is the policy of the United States to engage with the Government of Ukraine on cooperation in the titanium industry as a potential alternative to Chinese and Russian sources on which the United States and Europe currently depend. (b) Reporting requirement Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that describes the feasibility of utilizing titanium sources from Ukraine as a potential alternative to Chinese and Russian sources. (c) Form The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing The Countering Russian Influence in Europe and Eurasia Act of 2017 ( 22 U.S.C. 9501 et seq. ) is amended— (1) in section 261(b)(2)— (A) by striking 2020 and inserting 2024 ; and (B) by striking 2022 and inserting 2026 ; (2) in section 262— (A) in paragraph (1)— (i) by striking in the documents entitled 2015 National Money Laundering Risk Assessment and 2015 National Terrorist Financing Risk Assessment , and inserting in the documents entitled 2020 National Strategy for Combating Terrorist and Other Illicit Financing and 2022 National Strategy for Combating Terrorist and Other Illicit Financing ; and (ii) by striking the broader counter terrorism strategy of the United States and inserting the broader counter terrorism and national security strategies of the United States ; (B) in paragraph (6)— (i) by striking Prevention of illicit finance and inserting prevention, detection, and disruption of illicit finance ; (ii) by striking private financial sector and inserting private sector, including financial and other relevant industries, ; and (iii) by striking with regard to the prevention and detection of illicit finance and inserting with regard to the prevention, detection, and disruption of illicit finance ; and (C) in paragraph (8), by striking such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime,. 6507. Report on net worth of Syrian President Bashar al-Assad (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the estimated net worth and known sources of income of Syrian President Bashar al-Assad and his family members (including spouse, children, siblings, and paternal and maternal cousins), including income from corrupt or illicit activities and including assets, investments, other business interests, and relevant beneficial ownership information. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary. The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. 6508. Annual report on United States policy toward South Sudan (a) Sense of Congress It is the sense of Congress that— (1) the signatories to the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, signed on September 12, 2018, have delayed implementation, leading to continued conflict and instability in South Sudan; (2) despite years of fighting, 2 peace agreements, punitive actions by the international community, and widespread suffering among civilian populations, the leaders of South Sudan have failed to build sustainable peace; (3) the United Nations arms embargo on South Sudan, most recently extended by 1 year to May 31, 2022, through United Nations Security Council Resolution 2577 (2021), is necessary to stem the illicit transfer and destabilizing accumulation and misuse of small arms and light weapons in perpetuation of the conflict in South Sudan; (4) the United States should call on other member states of the United Nations to redouble efforts to enforce the United Nations arms embargo on South Sudan; and (5) the United States, through the United States Mission to the United Nations, should use its voice and vote in the United Nations Security Council in favor of maintaining the United Nations arms embargo on South Sudan until— (A) the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan is fully implemented; or (B) credible, fair, and transparent democratic elections are held in South Sudan. (b) Report required (1) In general Not later than 90 days after the date of the enactment of this Act and annually thereafter for 5 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the heads of other Federal department and agencies as necessary, shall submit to the appropriate congressional committees a report on United States policy toward South Sudan, including the most recent approved interagency strategy developed to address political, security, and humanitarian issues prevalent in the country since it gained independence from Sudan in July 2011. (2) Elements The report required by paragraph (1) shall include the following: (A) An assessment of the situation in South Sudan, including the role of South Sudanese government officials in intercommunal violence, corruption, and obstruction of the peace process. (B) An assessment of the status of the implementation of the 2018 R-ARCSS and the ongoing peace processes. (C) A detailed description of United States assistance and other efforts to support peace processes in South Sudan, including an assessment of the efficacy of stakeholder engagement and United States assistance to advance peacebuilding, conflict mitigation, and other related activities. (D) An assessment of the United Nations Mission in South Sudan capacity and progress in fulfilling its mandate over the last 3 fiscal years. (E) A detailed description of United States funding for emergency and non-emergency humanitarian and development assistance to South Sudan, as well as support provided to improve anti-corruption and fiscal transparency efforts in South Sudan over the last 5 fiscal years. (F) A summary of United States efforts to promote accountability for human rights abuses and an assessment of efforts by the Government of South Sudan and the African Union, respectively, to hold responsible parties accountable. (G) Analysis of the impact of domestic and international sanctions on deterring and combating corruption, mitigating and reducing conflict, and holding those responsible for human rights abuses accountable. (H) An assessment of the prospects for, and impediments to, holding credible general elections. (3) Form The report required by paragraph (1) shall be submitted in unclassified form and posted to a website of the Department of State, may include a classified annex, and shall be accompanied by a briefing as determined necessary. (c) Briefing Not later than 90 days after the date of the enactment of this Act and annually thereafter for 2 years, the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other Federal department and agencies as necessary, shall brief the appropriate congressional committees on United States efforts, including assistance provided by the Department of Treasury and United States law enforcement and intelligence communities, to detect and deter money laundering and counter illicit financial flows, trafficking in persons, weapons, and other illicit goods, and the financing of terrorists and armed groups. Such briefing shall be provided in unclassified setting and may include a classified briefing as determined necessary. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Banking, and the Committee on Appropriations of the Senate; (2) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. 6509. Strategy for engagement with Southeast Asia and ASEAN (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other Federal departments and agencies as appropriate, shall develop and submit to the appropriate congressional committees a comprehensive strategy for engagement with Southeast Asia and the Association of Southeast Asian Nations (ASEAN). (b) Matters To be included The strategy required by subsection (a) shall include the following: (1) A statement of enduring United States interests in Southeast Asia and a description of efforts to bolster the effectiveness of ASEAN. (2) A description of efforts to— (A) deepen and expand Southeast Asian alliances, partnerships, and multilateral engagements, including efforts to expand broad based and inclusive economic growth, security ties, security cooperation and interoperability, economic connectivity, and expand opportunities for ASEAN to work with other like-minded partners in the region; and (B) encourage like-minded partners outside of the Indo-Pacific region to engage with ASEAN. (3) A summary of initiatives across the whole of the United States Government to strengthen the United States partnership with Southeast Asian nations and ASEAN, including to promote broad based and inclusive economic growth, trade, investment, energy innovation and sustainability, public-private partnerships, physical and digital infrastructure development, education, disaster management, public health and global health security, and economic, political, and public diplomacy in Southeast Asia. (4) A summary of initiatives across the whole of the United States Government to enhance the capacity of Southeast Asian nations with respect to enforcing international law and multilateral sanctions, and initiatives to cooperate with ASEAN as an institution in these areas. (5) A summary of initiatives across the whole of the United States Government to promote human rights and democracy, to strengthen the rule of law, civil society, and transparent governance, to combat disinformation and to protect the integrity of elections from outside influence. (6) A summary of initiatives to promote security cooperation and security assistance within Southeast Asian nations, including— (A) maritime security and maritime domain awareness initiatives for protecting the maritime commons and supporting international law and freedom of navigation in the South China Sea; and (B) efforts to combat terrorism, human trafficking, piracy, and illegal fishing, and promote more open, reliable routes for sea lines of communication. (c) Distribution of strategy For the purposes of assuring allies and partners in Southeast Asia and deepening United States engagement with ASEAN, the Secretary of State shall direct each United States chief of mission to ASEAN and its member states to distribute the strategy required by subsection (a) to host governments. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. 6510. Supporting democracy in Burma (a) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Foreign Affairs of the House of Representatives ; (3) the Committee on Appropriations of the Senate ; (4) the Committee on Appropriations of the House of Representatives ; (5) the Committee on Armed Services of the Senate ; (6) the Committee on Armed Services of the House of Representatives ; (7) the Committee on Banking, Housing, and Urban Affairs of the Senate ; and (8) the Committee on Financial Services of the House of Representatives. (b) Briefing required (1) In general Not later than 60 days after the date of the enactment of this Act, the following officials shall jointly brief the appropriate congressional committees regarding actions taken by the United States Government to further United States policy and security objectives in Burma (officially known as the Republic of the Union of Myanmar ): (A) The Assistant Secretary of State for East Asian and Pacific Affairs. (B) The Counselor of the Department of State. (C) The Under Secretary of the Treasury for Terrorism and Financial Intelligence. (D) The Assistant to the Administrator for the Bureau for Conflict Prevention and Stabilization. (E) Additional officials from the Department of Defense or the Intelligence Community, as appropriate. (2) Information required The briefing required under paragraph (1) shall include— (A) a detailed description of the specific United States policy and security objectives in Burma; (B) information about any actions taken by the United States, either directly or in coordination with other countries— (i) to support and legitimize the National Unity Government of the Republic of the Union of Myanmar, The Civil Disobedience Movement in Myanmar, and other entities promoting democracy in Burma, while simultaneously denying legitimacy and resources to the Myanmar’s military junta; (ii) to impose costs on Myanmar’s military junta, including— (I) an assessment of the impact of existing United States and international sanctions; and (II) a description of potential prospects for additional sanctions; (iii) to secure the restoration of democracy, the establishment of inclusive and representative civilian government, with a reformed military reflecting the diversity of Burma and under civilian control, and the enactment of constitutional, political, and economic reform in Burma; (iv) to secure the unconditional release of all political prisoners in Burma; (v) to promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; (vi) to ensure accountability for atrocities, human rights violations, and crimes against humanity committed by Myanmar’s military junta; and (vii) to avert a large-scale humanitarian disaster; (C) an update on the current status of United States assistance programs in Burma, including— (i) humanitarian assistance for affected populations, including internally displaced persons and efforts to mitigate humanitarian and health crises in neighboring countries and among refugee populations; (ii) democracy assistance, including support to the National Unity Government of the Republic of the Union of Myanmar and civil society groups in Burma; (iii) economic assistance; and (iv) global health assistance, including COVID–19 relief; and (D) a description of the strategic interests in Burma of the People’s Republic of China and the Russian Federation, including— (i) access to natural resources and lines of communications to sea routes; and (ii) actions taken by such countries— (I) to support Myanmar’s military junta in order to preserve or promote such interests; (II) to undermine the sovereignty and territorial integrity of Burma; and (III) to promote ethnic conflict within Burma. (c) Classification and format The briefing required under subsection (b)— (1) shall be provided in an unclassified setting; and (2) may be accompanied by a separate classified briefing, as appropriate. 6511. United States Grand Strategy with respect to China (a) Strategy required (1) In general Not later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall commence developing a comprehensive report that articulates the strategy of the United States with respect to the People’s Republic of China (in this section referred to as the China Strategy ) that builds on the work of such national security strategy. (2) Submittal Not later than 270 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall submit to Congress the China Strategy developed under paragraph (1). (3) Form The China Strategy shall be submitted in classified form and shall include an unclassified summary. (b) Contents The China Strategy developed under subsection (a) shall set forth the national security strategy of the United States with respect to the People’s Republic of China and shall include a comprehensive description and discussion of the following: (1) The strategy of the People’s Republic of China regarding the military, economic, and political power of China in the Indo-Pacific region and worldwide, including why the People’s Republic of China has decided on such strategy and what the strategy means for the long-term interests, values, goals, and objectives of the United States. (2) The worldwide interests, values, goals, and objectives of the United States as they relate to geostrategic and geoeconomic competition with the People’s Republic of China. (3) The foreign and economic policy, worldwide commitments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strategy of the United States as they relate to the new era of competition with the People’s Republic of China. (4) How the United States will exercise the political, economic, military, diplomatic, and other elements of its national power to protect or advance its interests and values and achieve the goals and objectives referred to in paragraph (1). (5) The adequacy of the capabilities of the United States Government to carry out the national security strategy of the United States within the context of new and emergent challenges to the international order posed by the People’s Republic of China, including an evaluation— (A) of the balance among the capabilities of all elements of national power of the United States; and (B) the balance of all United States elements of national power in comparison to equivalent elements of national power of the People’s Republic of China. (6) The assumptions and end-state or end-states of the strategy of the United States globally and in the Indo-Pacific region with respect to the People’s Republic of China. (7) Such other information as the President considers necessary to help inform Congress on matters relating to the national security strategy of the United States with respect to the People’s Republic of China. (c) Advisory Board on United States Grand Strategy with respect to China (1) Establishment The President may establish in the executive branch an advisory board to be known as the Advisory Board on United States Grand Strategy with respect to China (in this section referred to as the Board ). (2) Purpose The purpose of the Board is to convene outside experts to advise the President on development of the China Strategy. (3) Duties (A) Review The Board shall review the current national security strategy of the United States with respect to the People’s Republic of China, including assumptions, capabilities, strategy, and end-state or end-states. (B) Assessment and recommendations The Board shall analyze the United States national security strategy with respect to the People’s Republic of China, including challenging its assumptions and approach, and make recommendations to the President for the China Strategy. (C) Classified briefing (i) In general Not later than 30 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2), the Board shall provide the appropriate congressional committees a classified briefing on its review, assessment, and recommendations. (ii) Appropriate congressional committees defined In this subparagraph, the term appropriate congressional committees means— (I) the congressional defense committees; (II) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (III) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Composition (A) Recommendations Not later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each provide to the President 2 candidates for membership on the Board, at least 1 of whom shall be an individual in the private sector and 1 of whom shall be an individual in academia or employed by a nonprofit research institution. (B) Membership The Board shall be composed of 9 members appointed by the President as follows: (i) The National Security Advisor or such other designee as the President considers appropriate, such as the Asia Coordinator from the National Security Council. (ii) Four shall be selected from among individuals in the private sector. (iii) Four shall be selected from among individuals in academia or employed by a nonprofit research institution. (iv) Two members shall be selected from among individuals included in the list submitted by the majority leader of the Senate under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (v) Two members shall be selected from among individuals included in the list submitted by the minority leader of the Senate under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (vi) Two members shall be selected from among individuals included in the list submitted by the Speaker of the House of Representatives under subparagraph (A), or whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (vii) Two members shall be selected from among individuals included in the list submitted by the minority leader of the House of Representatives under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (C) Chairperson The Chairperson of the Board shall be the member of the Board appointed under subparagraph (B)(i). (D) Nongovernmental membership; period of appointment; vacancies (i) Nongovernmental membership Except in the case of the Chairperson of the Board, an individual appointed to the Board may not be an officer or employee of an instrumentality of government. (ii) Period of appointment Members shall be appointed for the life of the Board. (iii) Vacancies Any vacancy in the Board shall be filled in the same manner as the original appointment. (5) Deadline for appointment Not later than 60 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall— (A) appoint the members of the Board pursuant to paragraph (4); and (B) submit to Congress a list of the members so appointed. (6) Experts and consultants The Board is authorized to procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule under section 5315 of title 5, United States Code. (7) Security clearances The appropriate Federal departments or agencies shall cooperate with the Board in expeditiously providing to the Board members and experts and consultants appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearances. (8) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Board and any experts and consultants consistent with all applicable statutes, regulations, and Executive orders. (9) Uncompensated service A member of the Board who is not an officer or employee of the Federal Government shall serve without compensation. (10) Cooperation from government In carrying out its duties, the Board shall receive the full and timely cooperation of the heads of relevant Federal departments and agencies in providing the Board with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (11) Termination The Board shall terminate on the date that is 60 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2). 6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries (a) In general Section 2402(a)(10) of title 38, United States Code, is amended— (1) by striking the period at the end and inserting ; or ; and (2) by adding at the end the following new subparagraph: (B) who— (i) the Secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time during the period beginning on February 28, 1961, and ending on May 7, 1975; and (ii) at the time of the individual’s death— (I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and (II) resided in the United States.. (b) Effective date The amendments made by this section shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (division J of Public Law 115–141 ; 132 Stat. 824). 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria Section 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note) is amended, in the matter before subparagraph (A), by striking or Uzbekistan and inserting , Uzbekistan, Egypt, or Syria. 6603. Anomalous health incidents interagency coordinator (a) Anomalous health incidents interagency coordinator (1) Designation Not later than 30 days after the date of the enactment of this Act, the President shall designate an appropriate senior official to be known as the Anomalous Health Incidents Interagency Coordinator (in this section referred to as the Interagency Coordinator ). (2) Duties The Interagency Coordinator, working through the interagency national security process, shall, with respect to anomalous health incidents— (A) coordinate the response of the United States Government to such incidents; (B) coordinate among relevant Federal agencies to ensure equitable and timely access to assessment and care for affected United States Government personnel, dependents of such personnel, and other appropriate individuals; (C) ensure adequate training and education relating to such incidents for United States Government personnel; (D) ensure that information regarding such incidents is efficiently shared across relevant Federal agencies in a manner that provides appropriate protections for classified, sensitive, and personal information; (E) coordinate, in consultation with the Director of the White House Office of Science and Technology Policy, the technological and research efforts of the United States Government to address suspected attacks presenting as such incidents; and (F) develop policy options to prevent, mitigate, and deter suspected attacks presenting as such incidents. (b) Designation of agency coordination leads (1) Designation; responsibilities The head of each relevant agency shall designate an official appointed by the President, by and with the advice and consent of the Senate, or other appropriate senior official, who shall— (A) serve as the Anomalous Health Incident Agency Coordination Lead (in this section referred to as the Agency Coordination Lead ) for the relevant agency concerned; (B) report directly to the head of such relevant agency regarding activities carried out under this section; (C) perform functions specific to such relevant agency and related to anomalous health incidents, consistent with the directives of the Interagency Coordinator and the interagency national security process; (D) represent such relevant agency in meetings convened by the Interagency Coordinator; and (E) participate in interagency briefings to Congress regarding the response of the United States Government to anomalous health incidents, including briefings required under subsection (c). (2) Delegation prohibited An Agency Coordination Lead may not delegate any of the responsibilities specified in paragraph (1). (c) Briefings (1) In general Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall jointly provide to the appropriate congressional committees a briefing on progress made in carrying out the duties under subsection (b)(2). (2) Elements Each briefing required under paragraph (1) shall include— (A) an update on the investigation into anomalous health incidents affecting United States Government personnel and dependents of such personnel, including technical causation and suspected perpetrators; (B) an update on new or persistent anomalous health incidents; (C) a description of threat prevention and mitigation efforts with respect to anomalous health incidents, to include personnel training; (D) an identification of any changes to operational posture as a result of anomalous health threats; (E) an update on diagnosis and treatment efforts for individuals affected by anomalous health incidents, including patient numbers and wait times to access care; (F) a description of efforts to improve and encourage reporting of anomalous health incidents; (G) a detailed description of the roles and responsibilities of the Agency Coordination Leads; (H) information regarding additional authorities or resources needed to support the interagency response to anomalous health incidents; and (I) such other matters as the Interagency Coordinator or the Agency Coordination Leads may consider appropriate. (3) Unclassified briefing summary (A) In general Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall provide to the appropriate congressional committees a coordinated written summary of the briefings provided under paragraph (1). (B) Form The summary under subparagraph (A) shall be submitted in an unclassified form to the extent practicable, consistent with the protection of intelligence sources and methods. (d) Secure reporting mechanisms Not later than 90 days after the date of the enactment of this section, the Interagency Coordinator shall ensure that the head of each relevant agency— (1) develops a process to provide a secure mechanism for personnel of the relevant agency concerned, the dependents of such personnel, and other appropriate individuals, to self-report any suspected exposure that could be an anomalous health incident; (2) shares all relevant data reported through such mechanism in a timely manner with the Office of the Director of National Intelligence and other relevant agencies, through existing processes coordinated by the Interagency Coordinator; and (3) in developing the mechanism pursuant to paragraph (1), prioritizes secure information collection and handling processes to protect classified, sensitive, and personal information. (e) Workforce guidance (1) Development and dissemination The President shall direct the heads of the relevant agencies to develop and disseminate to employees of such relevant agencies who are determined to be at risk of exposure to anomalous health incidents updated workforce guidance that describes, at a minimum— (A) the threat posed by anomalous health incidents; (B) known defensive techniques with respect to anomalous health incidents; and (C) processes to self-report any suspected exposure that could be an anomalous health incident. (2) Deadline The workforce guidance specified under paragraph (1) shall be developed and disseminated pursuant to such paragraph by not later than 60 days after the date of the enactment of this Act. (f) Rule of construction Nothing in this section, including the designation of the Interagency Coordinator pursuant to subsection (a)(1), shall be construed to limit the authority of any Federal agency to independently perform the authorized functions of such agency. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $5,000,000 for fiscal year 2022, to be used to— (1) increase capacity and staffing for the Health Incident Response Task Force of the Department of State; (2) support the development and implementation of efforts by the Department of State to prevent and mitigate anomalous health incidents affecting the workforce of the Department; (3) investigate and characterize the cause of anomalous health incidents, including investigations of causation and attribution; (4) collect and analyze data related to anomalous health incidents; (5) coordinate with other relevant agencies and the National Security Council regarding anomalous health incidents; and (6) support other activities to understand, prevent, deter, and respond to suspected attacks presenting as anomalous health incidents, at the discretion of the Secretary of State. (h) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committees on Armed Services, Foreign Relations, Homeland Security and Governmental Affairs, the Judiciary, and Appropriations, and the Select Committee on Intelligence, of the Senate; and (B) the Committees on Armed Services, Foreign Affairs, Homeland Security, the Judiciary, and Appropriations, and the Permanent Select Committee on Intelligence, of the House of Representatives. (2) The term relevant Federal agencies means— (A) the Department of Defense; (B) the Department of State; (C) the Office of the Director of National Intelligence; (D) the Central Intelligence Agency; (E) the Department of Justice; (F) the Department of Homeland Security; and (G) such other Federal departments or agencies as may be designated by the Interagency Coordinator. 6604. Chief Human Capital Officers Council annual report Subsection (d) of section 1303 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 5 U.S.C. 1401 note) is amended to read as follows: (d) Annual reports (1) In general Each year, the Chief Human Capital Officers Council shall submit to Congress a report that includes the following: (A) A description of the activities of the Council. (B) A description of employment barriers that prevent the agencies of its members from hiring qualified applicants, including those for digital talent positions, and recommendations for addressing the barriers that would allow such agencies to more effectively hire qualified applicants. (2) Public availability Not later than 30 days after the date on which the Council submits a report under paragraph (1), the Director of the Office of Personnel Management shall make the report publicly available on the website of the Office of Personnel Management.. 6605. National Global War on Terrorism Memorial (a) Site Notwithstanding section 8908(c) of title 40, United States Code, the National Global War on Terrorism Memorial authorized by section 2(a) of the Global War on Terrorism War Memorial Act ( 40 U.S.C. 8903 note; Public Law 115–51 ; 131 Stat. 1003) (referred to in this section as the Memorial ) shall be located within the Reserve (as defined in section 8902(a) of title 40, United States Code). (b) Applicability of Commemorative Works Act Except as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Memorial. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science (a) Establishment Title I of the National Quantum Initiative Act ( 15 U.S.C. 8811 et seq. ) is amended— (1) by redesignating section 105 as section 106; and (2) by inserting after section 104 the following new section: 105. Subcommittee on the Economic and Security Implications of Quantum Information Science (a) Establishment The President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science. (b) Membership The Subcommittee shall include a representative of— (1) the Department of Energy; (2) the Department of Defense; (3) the Department of Commerce; (4) the Department of Homeland Security; (5) the Office of the Director of National Intelligence; (6) the Office of Management and Budget; (7) the Office of Science and Technology Policy; (8) the Department of Justice; (9) the National Science Foundation; (10) the National Institute of Standards and Technology; and (11) such other Federal department or agency as the President considers appropriate. (c) Responsibilities The Subcommittee shall— (1) in coordination with the Director of the Office and Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development; (2) review and assess any economic or security implications of such investments; (3) review and assess any counterintelligence risks or other foreign threats to such investments; (4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other foreign threats identified as a result of an assessment under paragraph (3); (5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment; (6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States; (7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and (8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress. (d) Technical and administrative support (1) In general The Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section. (2) Support related to classified information The Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information.. (b) Sunset for Subcommittee (1) Inclusion in sunset provision Such title is further amended in section 106, as redesignated by subsection (a), by striking 103, and 104 and inserting 103, 104, and 105. (2) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of the National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ). (c) Conforming amendments The National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ) is further amended— (1) in section 2, by striking paragraph (7) and inserting the following new paragraphs: (7) Subcommittee on Economic and Security Implications The term Subcommittee on Economic and Security Implications means the Subcommittee on the Economic and Security Implications of Quantum Information Science established under section 105(a). (8) Subcommittee on Quantum Information Science The term Subcommittee on Quantum Information Science means the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a). ; (2) in section 102(b)(1)— (A) in subparagraph (A), by striking ; and and inserting on Quantum Information Science; ; (B) in subparagraph (B), by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (C) the Subcommittee on Economic and Security Implications; ; and (3) in section 104(d)(1), by striking and the Subcommittee and inserting , the Subcommittee on Quantum Information Science, and the Subcommittee on Economic and Security Implications. (d) Clerical amendment The table of contents in section 1(b) of such Act is amended by striking the item relating to section 105 and inserting the following new items: 105. Subcommittee on the Economic and Security Implications of Quantum Information Science. 106. Sunset.. 105. Subcommittee on the Economic and Security Implications of Quantum Information Science (a) Establishment The President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science. (b) Membership The Subcommittee shall include a representative of— (1) the Department of Energy; (2) the Department of Defense; (3) the Department of Commerce; (4) the Department of Homeland Security; (5) the Office of the Director of National Intelligence; (6) the Office of Management and Budget; (7) the Office of Science and Technology Policy; (8) the Department of Justice; (9) the National Science Foundation; (10) the National Institute of Standards and Technology; and (11) such other Federal department or agency as the President considers appropriate. (c) Responsibilities The Subcommittee shall— (1) in coordination with the Director of the Office and Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development; (2) review and assess any economic or security implications of such investments; (3) review and assess any counterintelligence risks or other foreign threats to such investments; (4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other foreign threats identified as a result of an assessment under paragraph (3); (5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment; (6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States; (7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and (8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress. (d) Technical and administrative support (1) In general The Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section. (2) Support related to classified information The Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information. 6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies (a) Study (1) In general The Secretary of Health and Human Services, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall conduct a study to identify and analyze the logistical prerequisites for the collection of unused and unexpired doses of the COVID–19 vaccine in the United States and for the distribution of such doses to foreign countries and economies. (2) Matters studied The matters studied by the Secretary of Health and Human Services under paragraph (1) shall include— (A) options for the collection of unused and unexpired doses of the COVID–19 vaccine from entities in the United States; (B) methods for the collection and shipment of such doses to foreign countries and economies; (C) methods for ensuring the appropriate storage and handling of such doses during and following the distribution and delivery of the doses to such countries and economies; (D) the capacity and capability of foreign countries and economies receiving such doses to distribute and administer the doses while assuring their safety and quality; (E) the minimum supply of doses of the COVID–19 vaccine necessary to be retained within the United States; and (F) other Federal agencies with which the heads of the relevant agencies should coordinate to accomplish the tasks described in subparagraphs (A) through (E) and the degree of coordination necessary between such agencies. (b) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the other heads of the relevant agencies, shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a). (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Health, Education, Labor, and Pensions, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Energy and Commerce, and the Committee on Foreign Affairs of the House of Representatives. (2) Relevant agencies The term relevant agencies means— (A) the Department of Health and Human Services; (B) the Department of State; and (C) the United States Agency for International Development. 6608. Catawba Indian Nation lands (a) Application of current law (1) Lands in South Carolina Section 14 of the Catawba Indian Tribe of South Carolina Claims Settlement Act of 1993 ( Public Law 103–116 ) shall only apply to gaming conducted by the Catawba Indian Nation on lands located in South Carolina. (2) Lands in States other than South Carolina Gaming conducted by the Catawba Indian Nation on lands located in States other than South Carolina shall be subject to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) and sections 1166 through 1168 of title 18, United States Code. (b) Reaffirmation of status and actions (1) Ratification of trust status The action taken by the Secretary of the Interior on July 10, 2020, to place approximately 17 acres of land located in Cleveland County, North Carolina, into trust for the benefit of the Catawba Indian Nation is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action. (2) Administration The land placed into trust for the benefit of the Catawba Indian Nation by the Secretary on July 10, 2020, shall— (A) be a part of the Catawba Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe; and (B) be deemed to have been acquired and taken into trust as part of the restoration of lands for an Indian tribe that is restored to Federal recognition pursuant to section 20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(b)(1)(B)(iii) ). (3) Rules of construction Nothing in this section shall— (A) enlarge, impair, or otherwise affect any right or claim of the Catawba Indian Nation to any land or interest in land in existence before the date of the enactment of this Act; (B) affect any water right of the Catawba Indian Nation in existence before the date of the enactment of this Act; (C) terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act; or (D) alter or diminish the right of the Catawba Indian Nation to seek to have additional land taken into trust by the United States for the benefit of the Catawba Indian Nation. 6609. Property disposition for affordable housing Section 5334(h)(1) of title 49, United States Code, is amended to read as follows: (1) In general If a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to— (A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides— (i) the asset will remain in public use for at least 5 years after the date the asset is transferred; (ii) there is no purpose eligible for assistance under this chapter for which the asset should be used; (iii) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and (iv) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or (B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides— (i) the asset is a necessary component of a proposed transit-oriented development project; (ii) the transit-oriented development project will increase transit ridership; (iii) at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income; (iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and (v) with respect to a transfer to a third party entity— (I) a local government authority or nonprofit organization is unable to receive the property; (II) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and (III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.. 6610. Blocking deadly fentanyl imports (a) Short title This section may be cited as the Blocking Deadly Fentanyl Imports Act. (b) Definitions Section 481(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(e) ) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking in which ; (B) in subparagraph (A), by inserting in which before 1,000 ; (C) in subparagraph (B)— (i) by inserting in which before 1,000 ; and (ii) by striking or at the end; (D) in subparagraph (C)— (i) by inserting in which before 5,000 ; and (ii) by inserting or after the semicolon; and (E) by adding at the end the following: (D) that is a significant source of illicit synthetic opioids significantly affecting the United States; ; and (2) in paragraph (4)— (A) in subparagraph (C), by striking and at the end; and (B) by adding at the end the following: (E) assistance that furthers the objectives set forth in paragraphs (1) through (4) of section 664(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2151n–2(b) ); (F) assistance to combat trafficking authorized under the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7101 et seq. )); and (G) global health assistance authorized under sections 104 through 104C of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b through 22 U.S.C. 2151b–4 ).. (c) International narcotics control strategy report Section 489(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a) ) is amended by adding at the end the following: (10) A separate section that contains the following: (A) An identification of the countries, to the extent feasible, that are the most significant sources of illicit fentanyl and fentanyl analogues significantly affecting the United States during the preceding calendar year. (B) A description of the extent to which each country identified pursuant to subparagraph (A) has cooperated with the United States to prevent the articles or chemicals described in subparagraph (A) from being exported from such country to the United States. (C) A description of whether each country identified pursuant to subparagraph (A) has adopted and utilizes scheduling or other procedures for illicit drugs that are similar in effect to the procedures authorized under title II of the Controlled Substances Act ( 21 U.S.C. 811 et seq. ) for adding drugs and other substances to the controlled substances schedules; (D) A description of whether each country identified pursuant to subparagraph (A) is following steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ( 21 U.S.C. 802(32) ); and (E) A description of whether each country identified pursuant to subparagraph (A) requires the registration of tableting machines and encapsulating machines or other measures similar in effect to the registration requirements set forth in part 1310 of title 21, Code of Federal Regulations, and has not made good faith efforts, in the opinion of the Secretary, to improve regulation of tableting machines and encapsulating machines.. (d) Withholding of assistance (1) Designation of illicit fentanyl countries without scheduling procedures Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ) is amended— (A) in the matter preceding subparagraph (A), by striking also ; (B) in subparagraph (A)(ii), by striking and at the end; (C) by redesignating subparagraph (B) as subparagraph (D); (D) by inserting after subparagraph (A) the following: (B) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a)(10) ) that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II of the Controlled Substances Act ( 21 U.S.C. 811 et seq. ) for adding drugs and other substances to the controlled substances schedules; ; and (E) in subparagraph (D), as redesignated, by striking so designated and inserting designated under subparagraph (A), (B), or (C). (2) Designation of illicit fentanyl countries without ability to prosecute criminals for the manufacture or distribution of fentanyl analogues Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ), as amended by paragraph (2), is further amended by inserting after subparagraph (B) the following: (C) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a)(10) ) that has not taken significant steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ( 21 U.S.C. 802(32) );. (3) Limitation on assistance for designated countries Section 706(3) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(3) ) is amended by striking also designated under paragraph (2) in the report and inserting designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph (B) or (C) of paragraph (2). (4) Exceptions to the limitation on assistance Section 706(5) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(5) ) is amended— (A) by redesignating subparagraph (C) as subparagraph (F); (B) by inserting after subparagraph (B) the following: (C) Notwithstanding paragraph (3), assistance to promote democracy (as described in section 481(e)(4)(E) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(e)(4)(E) )) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph. (D) Notwithstanding paragraph (3), assistance to combat trafficking (as described in section 481(e)(4)(F) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph. (E) Notwithstanding paragraph (3), global health assistance (as described in section 481(e)(4)(G) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph ; and (C) in subparagraph (F), as redesignated, by striking section clause (i) or (ii) of and inserting clause (i) or (ii) of section. (e) Effective date The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.
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[ { "text": "That the bill from the Senate (S. 1605) entitled An Act to designate the National Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, and for other purposes. , do pass with the following", "id": "H483024832", "header": null }, { "text": "1. Short title \nThis Act may be cited as the National Defense Authorization Act for Fiscal Year 2022.", "id": "HB43817EC02404972ABDAECBFBC31E992", "header": "Short title" }, { "text": "2. Organization of Act into divisions; table of contents \n(a) Divisions \nThis Act is organized into six divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (5) Division E—Department of State Authorization (6) Division F—Other Non-Department of Defense Matters. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. Sec. 5. Explanatory statement. Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS Title I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. Modification of deployment by the Army of interim cruise missile defense capability. Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters. Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters. Sec. 114. Continuation of Soldier Enhancement Program. Sec. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System. Sec. 116. Strategy and authority for the procurement of components for the next generation squad weapon. Subtitle C—Navy Programs Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Extension of report on Littoral Combat Ship mission packages. Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers. Sec. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers. Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings. Sec. 127. Report on material readiness of Virginia class submarines of the Navy. Subtitle D—Air Force Programs Sec. 131. Extension of inventory requirement for Air Force fighter aircraft. Sec. 132. Contract for logistics support for VC–25B aircraft. Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft. Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program. Sec. 136. Limitation on availability of funds pending information on bridge tanker aircraft. Sec. 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft. Sec. 138. Minimum inventory of tactical airlift aircraft. Sec. 139. Report relating to reduction of total number of tactical airlift aircraft. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program. Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy. Sec. 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities. Sec. 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program. Sec. 145. Analysis of certain radar investment options. Sec. 146. Review and briefing on fielded major weapon systems. Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats. Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Codification of National Defense Science and Technology Strategy. Sec. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders. Sec. 213. Duties and regional activities of the Defense Innovation Unit. Sec. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research. Sec. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories. Sec. 216. Improvements relating to steering committee on emerging technology and national security threats. Sec. 217. Improvements relating to national network for microelectronics research and development. Sec. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. Sec. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense. Sec. 220. Defense research and engineering activities at minority institutions. Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels. Sec. 222. Consortium to study irregular warfare. Sec. 223. Development and implementation of digital technologies for survivability and lethality testing. Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft. Sec. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base. Sec. 226. Review of artificial intelligence applications and establishment of performance metrics. Sec. 227. Modification of the joint common foundation program. Sec. 228. Executive education on emerging technologies for senior civilian and military leaders. Sec. 229. Activities to accelerate development and deployment of dual-use quantum technologies. Sec. 230. National Guard participation in microreactor testing and evaluation. Sec. 231. Pilot program on the use of private sector partnerships to promote technology transition. Sec. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense. Sec. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations. Sec. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis. Sec. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity. Sec. 236. Limitation on availability of funds for certain C–130 aircraft. Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation. Sec. 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System. Subtitle C—Plans, Reports, and Other Matters Sec. 241. Modification to annual report of the Director of Operational Test and Evaluation. Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft. Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft. Sec. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory. Sec. 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories. Sec. 246. Report on autonomy integration in major weapon systems. Sec. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense. Title III—Operation and Maintenance Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents. Sec. 312. Energy efficiency targets for Department of Defense data centers. Sec. 313. Grants for maintaining or improving military installation resilience. Sec. 314. Maintenance of current analytical tools in evaluating energy resilience measures. Sec. 315. Authority to transfer amounts derived from energy cost savings. Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States. Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience. Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i. Sec. 319. Energy, water, and waste net-zero requirement for major military installations. Sec. 320. Demonstration program on domestic production of rare earth elements from coal byproducts. Sec. 321. Long-duration demonstration initiative and joint program. Sec. 322. Pilot program to test new software to track emissions at certain military installations. Sec. 323. Department of Defense plan to reduce greenhouse gas emissions. Subtitle C—National Security Climate Resilience Sec. 331. Definitions. Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense. Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base. Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense. Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam. Sec. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam. Sec. 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances. Sec. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam. Sec. 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances. Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations. Subtitle E—Logistics and Sustainment Sec. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand. Sec. 352. Global bulk fuel management and delivery. Sec. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation. Sec. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations. Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy. Sec. 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs. Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts. Subtitle F—Reports Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports. Sec. 362. Annual report on material readiness of Navy ships. Sec. 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons. Sec. 364. Strategy and annual report on critical language proficiency of special operations forces. Subtitle G—Other Matters Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters. Sec. 372. Establishment of Joint Safety Council. Sec. 373. Improvements and clarifications related to military working dogs. Sec. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative. Sec. 375. Authority to maintain access to category 3 subterranean training facility. Sec. 376. Accident Investigation Review Board. Sec. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents. Sec. 378. Requirements relating to emissions control tactics, techniques, and procedures. Sec. 379. Management of fatigue among crew of naval surface ships and related improvements. Sec. 380. Authority for activities to improve next generation radar systems capabilities. Sec. 381. Pilot program on military working dog and explosives detection canine health and excellence. Sec. 382. Department of Defense response to military lazing incidents. Title IV—Military Personnel Authorizations Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Sec. 403. Additional authority to vary Space Force end strength. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. Title V—Military Personnel Policy Subtitle A— Officer Personnel Policy Sec. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements. Sec. 502. Time in grade requirements. Sec. 503. Authority to vary number of Space Force officers considered for promotion to major general. Sec. 504. Seaman to Admiral-21 program: credit towards retirement. Sec. 505. Independent assessment of retention of female surface warfare officers. Sec. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). Subtitle B—Reserve Component Management Sec. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences. Sec. 512. Prohibition on private funding for interstate deployment of National Guard. Sec. 513. Access to Tour of Duty system. Sec. 514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard. Sec. 515. Continued National Guard support for FireGuard program. Sec. 516. Enhancement of National Guard Youth Challenge Program. Sec. 517. Report on methods to enhance support from the reserve components in response to catastrophic incidents. Sec. 518. Study on reapportionment of National Guard force structure based on domestic responses. Sec. 519. Briefing on Junior Reserve Officers’ Training Corps program. Subtitle C—General Service Authorities and Military Records Sec. 521. Reduction in service commitment required for participation in career intermission program of a military department. Sec. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments. Sec. 523. Notice program relating to options for naturalization. Sec. 524. Appeals to Physical Evaluation Board determinations of fitness for duty. Sec. 525. Command oversight of military privatized housing as element of performance evaluations. Sec. 526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States. Sec. 527. Enhancements to national mobilization exercises. Sec. 528. Temporary exemption from end strength grade restrictions for the Space Force. Sec. 529. Report on exemptions and deferments for a possible military draft. Sec. 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service. Sec. 529B. Study and report on administrative separation boards. Subtitle D—Military Justice Reform Part 1—Special Trial Counsel Sec. 531. Special trial counsel. Sec. 532. Policies with respect to special trial counsel. Sec. 533. Definition of military magistrate, covered offense, and special trial counsel. Sec. 534. Clarification relating to who may convene courts-martial. Sec. 535. Detail of trial counsel. Sec. 536. Preliminary hearing. Sec. 537. Advice to convening authority before referral for trial. Sec. 538. Former jeopardy. Sec. 539. Plea agreements. Sec. 539A. Determinations of impracticability of rehearing. Sec. 539B. Applicability to the United States Coast Guard. Sec. 539C. Effective date. Part 2—Sexual Harassment; Sentencing Reform Sec. 539D. Inclusion of sexual harassment as general punitive article. Sec. 539E. Sentencing reform. Part 3—Reports and other matters Sec. 539F. Briefing and report on resourcing required for implementation. Sec. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military. Subtitle E—Other Military Justice and Legal Matters Sec. 541. Rights of the victim of an offense under the Uniform Code of Military Justice. Sec. 542. Conduct unbecoming an officer. Sec. 543. Independent investigation of complaints of sexual harassment. Sec. 544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons. Sec. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial. Sec. 546. Civilian positions to support Special Victims’ Counsel. Sec. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law. Sec. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown. Sec. 549. Activities to improve family violence prevention and response. Sec. 549A. Annual primary prevention research agenda. Sec. 549B. Primary prevention workforce. Sec. 549C. Reform and improvement of military criminal investigative organizations. Sec. 549D. Military defense counsel. Sec. 549E. Full functionality of Military Justice Review Panel. Sec. 549F. Military service independent racial disparity review. Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system. Sec. 549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims. Sec. 549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces. Sec. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty. Sec. 549K. Amendments to additional Deputy Inspector General of the Department of Defense. Sec. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces. Sec. 549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism. Sec. 549N. Combating foreign malign influence. Subtitle F—Member Education, Training, and Transition Sec. 551. Troops-to-Teachers Program. Sec. 552. Codification of human relations training for certain members of the Armed Forces. Sec. 553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress. Sec. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired. Sec. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely. Sec. 556. Defense Language Institute Foreign Language Center. Sec. 557. United States Naval Community College. Sec. 558. Codification of establishment of United States Air Force Institute of Technology. Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits. Sec. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen. Sec. 559B. Defense language continuing education program. Sec. 559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system. Sec. 559D. Professional military education: report; definition. Sec. 559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors. Sec. 559F. Report on status of Army Tuition Assistance Program Army IgnitED program. Sec. 559G. Briefing on cadets and midshipmen with speech disorders. Subtitle G—Military Family Readiness and Dependents’ Education Sec. 561. Expansion of support programs for special operations forces personnel and immediate family members. Sec. 562. Improvements to the Exceptional Family Member Program. Sec. 563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 564. Pilot program to establish employment fellowship opportunities for military spouses. Sec. 565. Policy regarding remote military installations. Sec. 566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources. Sec. 567. Study on employment of military spouses. Sec. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families. Sec. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs. Sec. 569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program. Sec. 569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report. Subtitle H—Diversity and Inclusion Sec. 571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces. Sec. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino. Sec. 573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting. Sec. 574. Extension of deadline for GAO report on equal opportunity at the military service academies. Subtitle I—Decorations and Awards, Miscellaneous Reports, and Other Matters Sec. 581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test. Sec. 582. Authorizations for certain awards. Sec. 583. Establishment of the Atomic Veterans Commemorative Service Medal. Sec. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery. Sec. 585. Reports on security force personnel performing protection level one duties. Sec. 586. GAO study on tattoo policies of the Armed Forces. Sec. 587. Briefing regarding best practices for community engagement in Hawaii. Title VI—Compensation and Other Personnel Benefits Subtitle A—Pay and Allowances Sec. 601. Basic needs allowance for members on active service in the Armed Forces. Sec. 602. Equal incentive pay for members of the reserve components of the Armed Forces. Sec. 603. Expansions of certain travel and transportation authorities. Sec. 604. Repeal of expiring travel and transportation authorities. Sec. 605. Requirements in connection with suspension of retired pay and retirement annuities. Sec. 606. Report on relationship between basic allowance for housing and sizes of military families. Sec. 607. Report on certain moving expenses for members of the Armed Forces. Sec. 608. Report on temporary lodging expenses in competitive housing markets. Sec. 609. Report on rental partnership programs. Subtitle B—Bonus and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C—Family and Survivor Benefits Sec. 621. Extension of paid parental leave. Sec. 622. Bereavement leave for members of the Armed Forces. Sec. 623. Travel and transportation allowances for family members to attend the funeral and memorial services of members. Sec. 624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care. Sec. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States. Sec. 626. Casualty assistance program: reform; establishment of working group. Subtitle D—Defense Resale Matters Sec. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores. Subtitle E—Miscellaneous Rights and Benefits Sec. 641. Alexander Lofgren Veterans in Parks program. Title VII—Health Care Provisions Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Eating disorders treatment for certain members of the Armed Forces and dependents. Sec. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program. Sec. 703. Revisions to TRICARE provider networks. Sec. 704. Self-initiated referral process for mental health evaluations of members of the Armed Forces. Sec. 705. Modifications to pilot program on health care assistance system. Sec. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program. Sec. 707. Improvement of postpartum care for members of the Armed Forces and dependents. Subtitle B—Health Care Administration Sec. 711. Modification of certain Defense Health Agency organization requirements. Sec. 712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development. Sec. 713. Authorization of program to prevent fraud and abuse in the military health system. Sec. 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities. Sec. 715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 716. Establishment of Department of Defense system to track and record information on vaccine administration. Sec. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components. Sec. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees. Sec. 719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs. Sec. 720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines. Sec. 721. Establishment of centers of excellence for enhanced treatment of ocular injuries. Sec. 722. Implementation of integrated product for management of population health across military health system. Sec. 723. Digital health strategy of Department of Defense. Sec. 724. Development and update of certain policies relating to military health system and integrated medical operations. Sec. 725. Mandatory training on health effects of burn pits. Sec. 726. Standardization of definitions used by the Department of Defense for terms related to suicide. Subtitle C—Reports and Other Matters Sec. 731. Modifications and reports related to military medical manning and medical billets. Sec. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions. Sec. 733. Pilot program on cardiac screening at certain military service academies. Sec. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities. Sec. 735. Prohibition on availability of funds for certain research connected to China. Sec. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine. Sec. 737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program. Sec. 738. Independent review of suicide prevention and response at military installations. Sec. 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam. Sec. 740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty. Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record program. Sec. 742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system. Sec. 743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office. Sec. 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes. Sec. 745. Briefing on substance abuse in the Armed Forces. Title VIII—Acquisition Policy, Acquisition Management, and Related Matters Subtitle A—Acquisition Policy and Management Sec. 801. Acquisition workforce educational partnerships. Sec. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations. Sec. 803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures. Sec. 804. Modifications to contracts subject to cost or pricing data certification. Sec. 805. Two-year extension of Selected Acquisition Report requirement. Sec. 806. Annual report on highest and lowest performing acquisition programs of the Department of Defense. Sec. 807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services. Sec. 808. Briefing on transparency for certain domestic procurement waivers. Sec. 809. Report on violations of certain domestic preference laws. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 811. Certain multiyear contracts for acquisition of property: budget justification materials. Sec. 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures. Sec. 813. Office of Corrosion Policy and Oversight employee training requirements. Sec. 814. Modified condition for prompt contract payment eligibility. Sec. 815. Modification to procurement of services: data analysis and requirements validation. Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels. Sec. 817. Repeal of preference for fixed-price contracts. Subtitle C—Provisions Relating to Other Transaction Authority Sec. 821. Modification of other transaction authority for research projects. Sec. 822. Modification of prize authority for advanced technology achievements. Sec. 823. Pilot program on systems engineering determinations. Sec. 824. Recommendations on the use of other transaction authority. Sec. 825. Reporting requirement for certain defense acquisition activities. Subtitle D—Provisions Relating to Software and Technology Sec. 831. Technology protection features activities. Sec. 832. Modification of enhanced transfer of technology developed at Department of Defense laboratories. Sec. 833. Pilot program on acquisition practices for emerging technologies. Sec. 834. Pilot program to accelerate the procurement and fielding of innovative technologies. Sec. 835. Independent study on technical debt in software-intensive systems. Sec. 836. Cadre of software development and acquisition experts. Subtitle E—Provisions Relating to Supply Chain Security Sec. 841. Modernization of acquisition processes to ensure integrity of industrial base. Sec. 842. Modification to analyses of certain activities for action to address sourcing and industrial capacity. Sec. 843. Assuring integrity of overseas fuel supplies. Sec. 844. Assessment of requirements for certain items to address supply chain vulnerabilities. Sec. 845. Department of Defense research and development priorities. Sec. 846. Report on the Manufacturing Engineering Education Program. Sec. 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries. Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region. Subtitle F—Industrial Base Matters Sec. 851. Modifications to printed circuit board acquisition restrictions. Sec. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries. Sec. 853. Additional testing of commercial e-commerce portal models. Sec. 854. Requirement for industry days and requests for information to be open to allied defense contractors. Sec. 855. Employment transparency regarding individuals who perform work in the People’s Republic of China. Sec. 856. Briefing on compliance with contractor lobbying restrictions. Sec. 857. Congressional oversight of personnel and contracts of private security contractors. Subtitle G—Small Business Matters Sec. 861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold. Sec. 862. Modification to the pilot program for streamlining awards for innovative technology projects. Sec. 863. Protests and appeals relating to eligibility of business concerns. Sec. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns. Sec. 865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program. Sec. 866. Report on Cybersecurity Maturity Model Certification effects on small business. Sec. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards. Subtitle H—Other Matters Sec. 871. Mission management pilot program. Sec. 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps. Sec. 873. Independent study on acquisition practices and policies. Sec. 874. Pilot program to incentivize contracting with employee-owned businesses. Sec. 875. Guidance, training, and report on place of performance contract requirements. Sec. 876. Notification of certain intergovernmental support agreements. Sec. 877. Report on requests for equitable adjustment in Department of the Navy. Sec. 878. Military standards for armor materials in vehicle specifications. Title IX—Department of Defense Organization and Management Sec. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions. Sec. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity. Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. Sec. 904. Implementation of repeal of Chief Management Officer of the Department of Defense. Sec. 905. Space Force organizational matters and modification of certain space-related acquisition authorities. Sec. 906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program. Sec. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy. Sec. 908. Management innovation activities. Sec. 909. Digital talent recruiting officer. Sec. 910. Cross-functional team for emerging threat relating to anomalous health incidents. Sec. 911. Alignment of Close Combat Lethality Task Force. Sec. 912. Independent review of and report on the Unified Command Plan. Sec. 913. Study and report on the role and organization of space assets in the reserve components. Title X—General Provisions Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund. Sec. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process. Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform. Subtitle B—Counterdrug Activities Sec. 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. Sec. 1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Subtitle C—Naval Vessels and Shipyards Sec. 1011. Modification to annual naval vessel construction plan. Sec. 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair. Sec. 1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program. Sec. 1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life. Sec. 1015. Biennial report on shipbuilder training and the defense industrial base. Sec. 1016. Annual report on ship maintenance. Sec. 1017. Navy battle force ship assessment and requirement reporting. Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats. Sec. 1019. Availability of funds for retirement or inactivation of guided missile cruisers. Sec. 1020. Review of sustainment key performance parameters for shipbuilding programs. Sec. 1021. Assessment of security of global maritime chokepoints. Sec. 1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations. Subtitle D—Counterterrorism Sec. 1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense. Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Congressional oversight of alternative compensatory control measures. Sec. 1042. Modification of notification requirements for sensitive military operations. Sec. 1043. Authority to provide space and services to military welfare societies. Sec. 1044. Congressional notification of significant Army force structure changes. Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus. Sec. 1046. Comparative testing reports for certain aircraft. Sec. 1047. Special operations forces joint operating concept for competition and conflict. Sec. 1048. Limitation on availability of certain funding for operation and maintenance. Sec. 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment. Sec. 1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings. Sec. 1051. Survey on relations between members of the Armed Forces and military communities. Sec. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements. Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern. Subtitle F—Studies and Reports Sec. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review. Sec. 1062. Public availability of semi-annual summaries of reports. Sec. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense. Sec. 1064. Continuation of certain Department of Defense reporting requirements. Sec. 1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires. Sec. 1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan. Sec. 1067. Biennial assessments of Air Force Test Center. Sec. 1068. Report on 2019 World Military Games. Sec. 1069. Reports on oversight of Afghanistan. Sec. 1070. Study and report on Department of Defense excess personal property program. Sec. 1071. Optimization of Irregular Warfare Technical Support Directorate. Sec. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data. Sec. 1073. Required review of Department of Defense unmanned aircraft systems categorization. Sec. 1074. Annual report and briefing on Global Force Management Allocation Plan. Sec. 1075. Report on World War I and Korean War era Superfund facilities. Sec. 1076. Report on implementation of irregular warfare strategy. Sec. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service. Sec. 1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment. Subtitle G—Other Matters Sec. 1081. Technical, conforming, and clerical amendments. Sec. 1082. Modification to Regional Centers for Security Studies. Sec. 1083. Improvement of transparency and congressional oversight of civil reserve air fleet. Sec. 1084. Observance of National Atomic Veterans Day. Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations. Sec. 1086. National Museum of the Surface Navy. Sec. 1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport. Sec. 1088. Treatment of operational data from Afghanistan. Sec. 1089. Responsibilities for national mobilization; personnel requirements. Sec. 1090. Independent assessment with respect to Arctic region. Sec. 1091. National Security Commission on Emerging Biotechnology. Sec. 1092. Quarterly security briefings on Afghanistan. Sec. 1093. Transition of funding for non-conventional assisted recovery capabilities. Sec. 1094. Afghanistan War Commission Act of 2021. Sec. 1095. Commission on the National Defense Strategy. Title XI—Civilian Personnel Matters Sec. 1101. Amendment to diversity and inclusion reporting. Sec. 1102. Civilian personnel management. Sec. 1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense. Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies. Sec. 1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense. Sec. 1106. Repeal of 2-year probationary period. Sec. 1107. Modification of DARPA personnel management authority to attract science and engineering experts. Sec. 1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels. Sec. 1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia. Sec. 1110. Treatment of hours worked under a qualified trade-of-time arrangement. Sec. 1111. Parental bereavement leave. Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel. Sec. 1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1115. Assessment of Accelerated Promotion Program suspension. Sec. 1116. Increase in allowance based on duty at remote worksites. Sec. 1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. Sec. 1118. Occupational series for digital career fields. Title XII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel. Sec. 1202. Authority for certain reimbursable interchange of supplies and services. Sec. 1203. Extension of support of special operations for irregular warfare. Sec. 1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces. Sec. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security. Sec. 1206. Security cooperation strategy for certain combatant commands. Sec. 1207. Report on security cooperation programs. Subtitle B—Matters relating to Afghanistan and Pakistan Sec. 1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan. Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban. Sec. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan. Sec. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces. Sec. 1216. Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information. Sec. 1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan. Subtitle C—Matters relating to Syria, Iraq, and Iran Sec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1222. Defense and diplomatic strategy for Syria. Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1225. Prohibition on transfers to Badr Organization. Sec. 1226. Prohibition on transfers to Iran. Sec. 1227. Report on the military capabilities of Iran and related activities. Sec. 1228. Sense of Congress on enrichment of uranium by Iran. Subtitle D—Matters relating to Russia Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation. Sec. 1232. Extension of Ukraine Security Assistance Initiative. Sec. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises. Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member. Subtitle E—Matters relating to the Indo-Pacific Region Sec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative. Sec. 1242. Extension and modification of Pacific Deterrence Initiative. Sec. 1243. Modification of annual report on military and security developments involving the People's Republic of China. Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action. Sec. 1246. Sense of Congress on Taiwan defense relations. Sec. 1247. Statement of policy on Taiwan. Sec. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support. Sec. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan. Sec. 1250. Feasibility report on establishing military-to-military crisis communications capabilities. Sec. 1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications. Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region. Title XIII—Other matters relating to foreign nations Subtitle A—Matters relating to Europe and NATO Sec. 1301. Sense of Congress on North Atlantic Treaty Organization allies and partners. Sec. 1302. Report on Armenia-Azerbaijan conflict. Sec. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative. Subtitle B—United States-Greece Defense and Interparliamentary Partnership Act of 2021 Sec. 1311. Sense of Congress. Sec. 1312. Funding for the European Recapitalization Incentive Program. Sec. 1313. Sense of Congress on loan program. Sec. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece. Sec. 1315. IMET cooperation with Greece. Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group. Sec. 1317. Appropriate congressional committees. Subtitle C—Security cooperation and assistance Sec. 1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program. Sec. 1322. Foreign Area Officer assessment and review. Sec. 1323. Study on certain security cooperation programs. Sec. 1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome. Subtitle D—Other matters Sec. 1331. Extension and modification of authority for certain payments to redress injury and loss. Sec. 1332. Secretary of Defense Strategic Competition Initiative. Sec. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017. Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors. Sec. 1336. Security assistance in Northern Triangle countries. Sec. 1337. Report on human rights in Colombia. Sec. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean. Sec. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1340. Statement of policy and report on Yemen. Sec. 1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises. Title XIV—Other Authorizations Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B—Other Matters Sec. 1411. Acquisition of strategic and critical materials from the national technology and industrial base. Sec. 1412. Authorization to loan materials in National Defense Stockpile. Sec. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home. Title XV—Cyberspace-related Matters Subtitle A—Matters Related to Cyber Operations and Cyber Forces Sec. 1501. Development of taxonomy of cyber capabilities. Sec. 1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard. Sec. 1503. Modification of the Principal Cyber Advisor. Sec. 1504. Evaluation of Department of Defense cyber governance. Sec. 1505. Operational technology and mission-relevant terrain in cyberspace. Sec. 1506. Matters concerning cyber personnel requirements. Sec. 1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command. Sec. 1508. Coordination between United States Cyber Command and private sector. Sec. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities. Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure. Sec. 1511. Comparative analysis of cybersecurity capabilities. Sec. 1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services. Sec. 1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure. Subtitle B—Matters Related to Department of Defense Cybersecurity and Information Technology Sec. 1521. Enterprise-wide procurement of cyber data products and services. Sec. 1522. Legacy information technologies and systems accountability. Sec. 1523. Update relating to responsibilities of Chief Information Officer. Sec. 1524. Protective Domain Name System within the Department of Defense. Sec. 1525. Cybersecurity of weapon systems. Sec. 1526. Assessment of controlled unclassified information program. Sec. 1527. Cyber data management. Sec. 1528. Zero trust strategy, principles, model architecture, and implementation plans. Sec. 1529. Demonstration program for automated security validation tools. Sec. 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters. Sec. 1531. Digital development infrastructure plan and working group. Sec. 1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department. Sec. 1533. Report on the Cybersecurity Maturity Model Certification program. Sec. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system. Subtitle C—Matters Related to Federal Cybersecurity Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems. Sec. 1542. Cybersecurity vulnerabilities. Sec. 1543. Report on cybersecurity vulnerabilities. Sec. 1544. Competition relating to cybersecurity vulnerabilities. Sec. 1545. Strategy. Sec. 1546. Cyber incident response plan. Sec. 1547. National cyber exercise program. Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency. Sec. 1549. Strategic assessment relating to innovation of information systems and cybersecurity threats. Sec. 1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations. Sec. 1551. United States-Israel cybersecurity cooperation. Sec. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis. Title XVI—Space Activities, Strategic Programs, and Intelligence Matters Subtitle A—Space Activities Sec. 1601. National security space launch program. Sec. 1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration. Sec. 1603. Delegation of Authorities to Space Development Agency. Sec. 1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise. Sec. 1605. Improvements to tactically responsive space launch program. Sec. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing. Sec. 1607. Programs of record of Space Force and commercial capabilities. Sec. 1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force. Sec. 1609. Classification review of programs of the Space Force. Sec. 1610. Report on Range of the Future initiative of the Space Force. Sec. 1611. Space policy review. Sec. 1612. Annual briefing on threats to space operations. Sec. 1613. National Security Council briefing on potential harmful interference to Global Positioning System. Sec. 1614. Non-geostationary orbit satellite constellations. Sec. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development. Subtitle B—Defense Intelligence and Intelligence-Related Activities Sec. 1621. Notification of certain threats to United States Armed Forces by foreign governments. Sec. 1622. Strategy and plan to implement certain defense intelligence reforms. Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense. Sec. 1624. Report on explosive ordnance intelligence matters. Subtitle C—Nuclear Forces Sec. 1631. Participation in United States Strategic Command strategic deterrence exercises. Sec. 1632. Modification to requirements relating to nuclear force reductions. Sec. 1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States. Sec. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems. Sec. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe. Sec. 1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device. Sec. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon. Sec. 1638. Mission-design series popular name for ground-based strategic deterrent. Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile. Sec. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile. Sec. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles. Sec. 1643. Revised nuclear posture review. Sec. 1644. Review of safety, security, and reliability of nuclear weapons and related systems. Sec. 1645. Long-range standoff weapon. Sec. 1646. Ground-based strategic deterrent development program accountability matrices. Sec. 1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force. Sec. 1648. Notification regarding intercontinental ballistic missiles of China. Sec. 1649. Independent review of nuclear command, control, and communications system. Sec. 1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program. Sec. 1651. Report on re-alerting long-range bombers. Sec. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements. Sec. 1653. Briefing on consultations with United States allies regarding Nuclear Posture Review. Subtitle D—Missile Defense Programs Sec. 1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency. Sec. 1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites. Sec. 1663. Extension of period for transition of ballistic missile defense programs to military departments. Sec. 1664. Directed energy programs for ballistic and hypersonic missile defense. Sec. 1665. Guam integrated air and missile defense system. Sec. 1666. Missile defense radar in Hawaii. Sec. 1667. Certification required for Russia and China to tour certain missile defense sites. Sec. 1668. Next generation interceptors for missile defense of the United States homeland. Sec. 1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1670. Update of study on discrimination capabilities of the ballistic missile defense system. Sec. 1671. Semiannual updates on meetings held by the Missile Defense Executive Board. Sec. 1672. Matters regarding Integrated Deterrence Review. Sec. 1673. Semiannual notifications regarding missile defense tests and costs. Sec. 1674. Report on senior leadership of Missile Defense Agency. Sec. 1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense. Subtitle E—Other matters Sec. 1681. Cooperative threat reduction funds. Sec. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48. Sec. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena. Sec. 1684. Determination on certain activities with unusually hazardous risks. Sec. 1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands. Sec. 1686. Protection of Major Range and Test Facility Base. Sec. 1687. Congressional Commission on the Strategic Posture of the United States. Title XVII—Technical Amendments Related to the Transfer and Reorganization of Defense Acquisition Statutes Sec. 1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA. Sec. 1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes. Division B—Military Construction Authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries. Title XXI—Army Military Construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project. Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas. Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project. Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project. Title XXII—Navy Military Construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Title XXIII—Air Force Military Construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects. Sec. 2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida. Title XXIV—Defense Agencies Military Construction Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects. Title XXV—International Programs Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. Sec. 2512. Republic of Poland funded construction projects. Title XXVI—Guard and Reserve Forces Facilities Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Title XXVII—Base Realignment and Closure Activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado. Title XXVIII—Military Construction General Provisions Subtitle A—Military Construction Program Changes Sec. 2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects. Sec. 2802. Limitations on authorized cost and scope of work variations. Sec. 2803. Department of Defense stormwater management projects for military installations and defense access roads. Sec. 2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation. Sec. 2805. Flood risk management for military construction. Sec. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States. Subtitle B—Continuation of Military Housing Reforms Sec. 2811. Modification of calculation of military housing contractor pay for privatized military housing. Sec. 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled. Sec. 2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent. Sec. 2814. Required investments in improving military unaccompanied housing. Sec. 2815. Improvement of security of lodging and living spaces on military installations. Sec. 2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel. Subtitle C—Real Property and Facilities Administration Sec. 2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy. Sec. 2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations. Subtitle D—Military Facilities Master Plan Requirements Sec. 2831. Cooperation with State and local governments in development of master plans for major military installations. Sec. 2832. Additional changes to requirements regarding master plans for major military installations. Sec. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations. Sec. 2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements. Subtitle E—Matters Related to Unified Facilities Criteria and Military Construction Planning and Design Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects. Sec. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems. Sec. 2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations. Sec. 2844. Additional Department of Defense activities to improve energy resiliency of military installations. Subtitle F—Land Conveyances Sec. 2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California. Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts. Sec. 2853. Land conveyance, Saint Joseph, Missouri. Sec. 2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri. Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina. Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia. Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia. Subtitle G—Authorized Pilot Programs Sec. 2861. Pilot program on increased use of sustainable building materials in military construction. Sec. 2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force. Subtitle H—Asia-Pacific and Indo-Pacific Issues Sec. 2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific. Sec. 2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i. Sec. 2873. Hawai‘i Military Land Use Master Plan. Subtitle I—One-Time Reports and Other Matters Sec. 2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities. Sec. 2882. GAO review and report of military construction contracting at military installations inside the United States. Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111. Plutonium pit production capacity. Sec. 3112. Improvements to cost estimates informing analyses of alternatives. Sec. 3113. University-based defense nuclear policy collaboration program. Sec. 3114. Defense environmental cleanup programs. Sec. 3115. Modification of requirements for certain construction projects. Sec. 3116. Updates to infrastructure modernization initiative. Sec. 3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3119. Extension of enhanced procurement authority to manage supply chain risk. Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads. Sec. 3121. Portfolio management framework for National Nuclear Security Administration. Subtitle C—Reports and other matters Sec. 3131. Modifications to certain reporting requirements. Sec. 3132. Modification to terminology for reports on financial balances for atomic energy defense activities. Sec. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile. Sec. 3134. Report on plant-directed research and development. Sec. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials. Sec. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio. Sec. 3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities. Sec. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration. Sec. 3139. Study on the W80–4 nuclear warhead life extension program. Sec. 3140. Study on Runit Dome and related hazards. Sec. 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing. Title XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board. Title XXXIV—Naval Petroleum Reserves Sec. 3401. Authorization of appropriations. Title XXXV—Maritime Security Subtitle A—Maritime Administration Sec. 3501. Authorization of the Maritime Administration. Subtitle B—Other Matters Sec. 3511. Effective period for issuance of documentation for recreational vessels. Sec. 3512. Committees on maritime matters. Sec. 3513. Port Infrastructure Development Program. Sec. 3514. Uses of emerging marine technologies and practices. Sec. 3515. Prohibition on participation of long term charters in Tanker Security Fleet. Sec. 3516. Coastwise endorsement. Sec. 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing. Sec. 3518. Authorization to purchase duplicate medals. Division D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. Title XLI—PROCUREMENT Sec. 4101. Procurement. Title XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. Title XLIII—OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. Title XLIV—MILITARY PERSONNEL Sec. 4401. Military personnel. Title XLV—OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. Title XLVI—MILITARY CONSTRUCTION Sec. 4601. Military construction. Title XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs. Division E—Department of State Authorization Act of 2021 Sec. 5001. Short title. Sec. 5002. Definitions. Title LI—Organization and Operations of the Department of State Sec. 5101. Sense of Congress on importance of Department of State’s work. Sec. 5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs. Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. Sec. 5104. Office of International Disability Rights. Sec. 5105. Special appointment authority. Sec. 5106. Repeal of authority for Special Representative and Policy Coordinator for Burma. Sec. 5107. Anti-piracy information sharing. Sec. 5108. Importance of foreign affairs training to national security. Sec. 5109. Classification and assignment of Foreign Service officers. Sec. 5110. Reporting on implementation of GAO recommendations. Sec. 5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments. Sec. 5112. Art in embassies. Sec. 5113. International fairs and expositions. Sec. 5114. Amendment or repeal of reporting requirements. Title LII—Embassy Construction Sec. 5201. Embassy security, construction, and maintenance. Sec. 5202. Standard design in capital construction. Sec. 5203. Capital construction transparency. Sec. 5204. Contractor performance information. Sec. 5205. Growth projections for new embassies and consulates. Sec. 5206. Long-range planning process. Sec. 5207. Value engineering and risk assessment. Sec. 5208. Business volume. Sec. 5209. Embassy security requests and deficiencies. Sec. 5210. Overseas security briefings. Sec. 5211. Contracting methods in capital construction. Sec. 5212. Competition in embassy construction. Sec. 5213. Statement of policy. Sec. 5214. Definitions. Title LIII—Personnel Issues Sec. 5301. Defense Base Act insurance waivers. Sec. 5302. Study on Foreign Service allowances. Sec. 5303. Science and technology fellowships. Sec. 5304. Travel for separated families. Sec. 5305. Home leave travel for separated families. Sec. 5306. Sense of Congress regarding certain fellowship programs. Sec. 5307. Technical correction. Sec. 5308. Foreign Service awards. Sec. 5309. Workforce actions. Sec. 5310. Sense of Congress regarding veterans employment at the Department of State. Sec. 5311. Employee assignment restrictions and preclusions. Sec. 5312. Recall and reemployment of career members. Sec. 5313. Strategic staffing plan for the Department of State. Sec. 5314. Consulting services. Sec. 5315. Incentives for critical posts. Sec. 5316. Extension of authority for certain accountability review boards. Sec. 5317. Foreign Service suspension without pay. Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes. Sec. 5319. Waiver authority for individual occupational requirements of certain positions. Sec. 5320. Appointment of employees to the Global Engagement Center. Sec. 5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission. Sec. 5322. Report relating to Foreign Service Officer training and development. Sec. 5323. Cooperation with Office of the Inspector General. Sec. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act. Sec. 5325. Implementation of gap memorandum in selection board process. Title LIV—A Diverse Workforce: Recruitment, Retention, and Promotion Sec. 5401. Definitions. Sec. 5402. Exit interviews for workforce. Sec. 5403. Recruitment and retention. Sec. 5404. Leadership engagement and accountability. Sec. 5405. Professional development opportunities and tools. Sec. 5406. Examination and oral assessment for the Foreign Service. Sec. 5407. Payne fellowship authorization. Sec. 5408. Voluntary participation. Title LV—Information Security Sec. 5501. Definitions. Sec. 5502. List of certain telecommunications providers. Sec. 5503. Preserving records of electronic communications. Sec. 5504. Foreign Relations of the United States (FRUS) series and declassification. Title LVI—Public Diplomacy Sec. 5601. Short title. Sec. 5602. Avoiding duplication of programs and efforts. Sec. 5603. Improving research and evaluation of public diplomacy. Sec. 5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy. Sec. 5605. Streamlining of support functions. Sec. 5606. Guidance for closure of public diplomacy facilities. Sec. 5607. Definitions. Title LVII—Other Matters Sec. 5701. Limitation on assistance to countries in default. Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment. Sec. 5703. Chief of mission concurrence. Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force. Division F—Other Non-Department of Defense Matters Title LXI—Financial Services Matters Sec. 6101. FinCEN Exchange. Sec. 6102. Adverse information in cases of trafficking. Sec. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts. Sec. 6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank. Sec. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies. Sec. 6106. Illicit finance improvements. Sec. 6107. Briefing on delegation of examination authority under the Bank Secrecy Act. Title LXII—Foreign Service Families Act of 2021 Sec. 6201. Short title. Sec. 6202. Telecommuting opportunities. Sec. 6203. Employment and education programs for eligible family members of members of the Foreign Service. Sec. 6204. Briefing on Foreign Service family reserve corps. Sec. 6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees. Sec. 6206. In-State tuition rates for members of qualifying Federal service. Sec. 6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service. Title LXIII—Barry Goldwater Scholarship and Excellence in Education Modernization Act Sec. 6301. Short title. Sec. 6302. Clarifying amendments to definitions. Sec. 6303. Barry Goldwater Scholarship and Excellence in Education Awards. Sec. 6304. Stipends. Sec. 6305. Scholarship and research internship conditions. Sec. 6306. Sustainable investments of funds. Sec. 6307. Administrative provisions. Title LXIV—Department of Homeland Security Measures Subtitle A—DHS Headquarters, Research and Development, and Related Matters Sec. 6401. Employee engagement steering committee and action plan. Sec. 6402. Annual employee award program. Sec. 6403. Chief Human Capital Officer responsibilities. Sec. 6404. Independent investigation and implementation plan. Sec. 6405. Authorization of the acquisition professional career program. Sec. 6406. National urban security technology laboratory. Sec. 6407. Department of Homeland Security Blue Campaign enhancement. Sec. 6408. Medical countermeasures program. Sec. 6409. Critical domain research and development. Sec. 6410. CBP Donations Acceptance Program Reauthorization. Subtitle B—Transportation Security Sec. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response. Sec. 6412. Transportation Security Preparedness Plan. Sec. 6413. Authorization of Transportation Security Administration personnel details. Sec. 6414. Transportation Security Administration preparedness. Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints. Sec. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs. Sec. 6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs. Sec. 6418. Threat information sharing. Sec. 6419. Local law enforcement security training. Sec. 6420. Allowable uses of funds for public transportation security assistance grants. Sec. 6421. Periods of performance for public transportation security assistance grants. Sec. 6422. GAO review of public transportation security assistance grant program. Sec. 6423. Sensitive security information; aviation security. Title LXV—Other matters relating to foreign affairs Sec. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations. Sec. 6502. Required notification and reports related to Peacekeeping Operations account. Sec. 6503. Transnational Repression Accountability and Prevention. Sec. 6504. Human rights awareness for American athletic delegations. Sec. 6505. Cooperation between the United States and Ukraine regarding the titanium industry. Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing. Sec. 6507. Report on net worth of Syrian President Bashar al-Assad. Sec. 6508. Annual report on United States policy toward South Sudan. Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN. Sec. 6510. Supporting democracy in Burma. Sec. 6511. United States Grand Strategy with respect to China. Title LXVI—Other Matters Sec. 6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries. Sec. 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria. Sec. 6603. Anomalous health incidents interagency coordinator. Sec. 6604. Chief Human Capital Officers Council annual report. Sec. 6605. National Global War on Terrorism Memorial. Sec. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science. Sec. 6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies. Sec. 6608. Catawba Indian Nation lands. Sec. 6609. Property disposition for affordable housing. Sec. 6610. Blocking deadly fentanyl imports.", "id": "H01B31B1C2381433EA9081F0130617E4C", "header": "Organization of Act into divisions; table of contents" }, { "text": "3. Congressional defense committees \nIn this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.", "id": "H43D0BA9823C3438481F52796BCB33E99", "header": "Congressional defense committees" }, { "text": "4. Budgetary effects of this Act \nThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.", "id": "HA8DCAAC57A464F65925B3FC43BF997BB", "header": "Budgetary effects of this Act" }, { "text": "5. Explanatory statement \nThe explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 8, 2021, by the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Committee on Armed Services of the Senate, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference.", "id": "H4103A7F9ADD04F5387BECF8CA1EBF5DF", "header": "Explanatory statement" }, { "text": "101. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2022 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.", "id": "H5CACF1DE3ECD42A290246577FD242458", "header": "Authorization of appropriations" }, { "text": "111. Modification of deployment by the Army of interim cruise missile defense capability \nSection 112(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1660), as amended by section 111(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) in paragraph (1), by striking shall deploy the capability as follows: and all that follows through the period at the end and inserting shall deploy two batteries of the capability by not later than September 30, 2020. ; (2) in paragraph (2)— (A) in the paragraph heading, by striking deadlines and inserting deadline ; (B) in the matter preceding subparagraph (A), by striking deadlines and inserting deadline ; (C) in subparagraph (F), by adding and at the end; (D) by striking subparagraph (G); and (E) by redesignating subparagraph (H) as subparagraph (G); and (3) in paragraph (4), by striking deadlines specified in paragraph (1): and all that follows through the period at the end and inserting deadline specified in paragraph (1) if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadline..", "id": "H9955301F05F04732BF86BD3D40C40FF7", "header": "Modification of deployment by the Army of interim cruise missile defense capability" }, { "text": "112. Multiyear procurement authority for AH–64E Apache helicopters \n(a) Authority for multiyear procurement \nSubject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of AH–64E Apache helicopters. (b) Condition for out-year contract payments \nA contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year.", "id": "H7A089FD3D9EE44E9A796728D97B47405", "header": "Multiyear procurement authority for AH–64E Apache helicopters" }, { "text": "113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters \n(a) Authority for multiyear procurement \nSubject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of UH–60M and HH–60M Black Hawk helicopters. (b) Condition for out-year contract payments \nA contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year.", "id": "H15474852F46749D49205BA2B930CF37B", "header": "Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters" }, { "text": "114. Continuation of Soldier Enhancement Program \n(a) Requirement to continue program \nThe Secretary of the Army, acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology in accordance with subsection (b), shall continue to carry out the Soldier Enhancement Program established pursuant to section 203 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 ( Public Law 101–189 ; 103 Sat. 1394). (b) Responsible official \nThe Secretary of the Army shall designate the Assistant Secretary of the Army for Acquisition, Logistics, and Technology as the official in the Department of the Army with principal responsibility for the management of the Soldier Enhancement Program under subsection (a). (c) Duties \nThe duties of the Soldier Enhancement Program shall include the identification, research, development, test, and evaluation of commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) and software applications to accelerate the efforts of the Army to integrate, modernize, and enhance weapons and equipment for use by Army soldiers, including— (1) lighter, more lethal weapons; and (2) support equipment, including lighter, more comfortable load-bearing equipment, field gear, combat clothing, survivability items, communications equipment, navigational aids, night vision devices, tactical power, sensors, and lasers.", "id": "H90064B9324CF4412A8E24CB7D996BE28", "header": "Continuation of Soldier Enhancement Program" }, { "text": "115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System \n(a) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Army for procurement for the Integrated Visual Augmentation System, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Army submits to the congressional defense committees the report required under subsection (b). (b) Report required \n(1) In general \nNot later than the date specified in paragraph (3), the Secretary of the Army shall submit to the congressional defense committees a report on the Integrated Visual Augmentation System of the Army. (2) Elements \nThe report required by paragraph (1) shall include the following: (A) A certification from the Secretary of the Army that the Integrated Visual Augmentation System is sufficiently reliable to meet operational needs for mean time between failure to support planned operational mission profiles. (B) A certification from the Secretary of the Army that the tactical network is sufficiently suitable and reliable to support the operational employment of the System, including the System’s ability to integrate into command networks. (C) (i) A certification from the Secretary of the Army that the duration of the System’s battery power is suitable and reliable enough to meet planned operational mission requirements. (ii) A plan to ensure the battery management of the System meets such requirements. (D) A plan to enable the System to display position location and identification information for adjacent units, non-System-equipped platforms, and soldiers. (E) A plan, including critical milestones, to achieve certified three-dimensional geospatial data within the System for dynamic and precision targeting. (F) A basis-of-issue plan based on lessons from the developmental and operational testing of the System. (G) A plan for iterative improvements to sensors, software, and form factor throughout production and procurement of the System. (H) Any other matters that the Secretary considers relevant to the full understanding of the status of and plan for the System. (3) Date specified \nThe date specified in this paragraph is a date selected by the Secretary of the Army that is not later than 60 days after the date on which initial operational testing of the Integrated Visual Augmentation System of the Army has been completed. (c) Assessment required \nNot later than 60 days after the date on which the Secretary of the Army submits the report required under subsection (b), the Director of Operational Test and Evaluation shall submit to the congressional defense committees an assessment of the validity, reliability, and objectivity of the report with respect to each element described in subsection (b)(2).", "id": "HE4124C10481E457181D2B2563E44C3A1", "header": "Limitation on availability of funds pending report on the Integrated Visual Augmentation System" }, { "text": "116. Strategy and authority for the procurement of components for the next generation squad weapon \n(a) Strategy required \nThe Secretary of the Army shall develop and implement a competitive procurement strategy to identify, test, qualify, and procure components and accessories for the next generation squad weapon of the Army, including magazines, that are capable of improving the performance of such weapon, with an emphasis on the procurement of— (1) commercially available off-the-shelf items; (2) nondevelopmental items; and (3) components and accessories previously developed by the Army that may be used for such weapon. (b) Market survey \nUpon receipt of the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall initiate a market survey to identify components and accessories for the weapon that meet the criteria described in subsection (a). (c) Authorization \nAfter completing the market survey under subsection (b), the Secretary of the Army may enter into one or more contracts for the procurement of components and accessories for the next generation squad weapon that meet the criteria described in subsection (a). (d) Information to Congress \nNot later than one year after receiving the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall submit to the congressional defense committees a report that includes— (1) the competitive acquisition strategy developed under subsection (a), including timelines for the fielding of components and accessories for such weapon that— (A) are commercially available off-the-shelf items or nondevelopmental items; and (B) are capable of improving the performance of such weapon; (2) an assessment of the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon, including a comparison of— (A) the mean rounds between stoppage and mean rounds between failure of such weapon; and (B) the mean rounds between stoppage and mean rounds between failure of currently fielded weapons; (3) an explanation of whether any items identified in the market survey conducted under subsection (b) demonstrate the ability to increase the mean rounds between stoppage or the mean rounds between failure of the next generation squad weapon; and (4) a plan to increase the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon. (e) Definitions \nIn this section: (1) The term commercially available off-the-shelf items has the meaning given that term in section 104 of title 41, United States Code. (2) The term nondevelopmental items has the meaning given that term in section 110 of title 41, United States Code.", "id": "H3E579D69E46F482499815E3B1D78F0A4", "header": "Strategy and authority for the procurement of components for the next generation squad weapon" }, { "text": "121. Extension of procurement authority for certain amphibious shipbuilding programs \nSection 124(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking fiscal year 2021 and inserting fiscal years 2021 and 2022.", "id": "HAC04FA17EDCB466C93A9D07861FF6254", "header": "Extension of procurement authority for certain amphibious shipbuilding programs" }, { "text": "122. Extension of prohibition on availability of funds for Navy port waterborne security barriers \nSection 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1665), as most recently amended by section 127 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking for fiscal years 2019, 2020, or 2021 and inserting for fiscal years 2019, 2020, 2021, or 2022.", "id": "H85C706E4880447A08116C969D6269F8E", "header": "Extension of prohibition on availability of funds for Navy port waterborne security barriers" }, { "text": "123. Extension of report on Littoral Combat Ship mission packages \nSection 123(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2030) is amended by striking fiscal year 2022 and inserting fiscal year 2027.", "id": "HC6633856C10A40F4AF654C4043DCD14F", "header": "Extension of report on Littoral Combat Ship mission packages" }, { "text": "124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers \n(a) In general \nThe Secretary of the Navy shall ensure that an advanced degaussing system is incorporated into any Arleigh Burke class destroyer procured in fiscal year 2025 or any subsequent fiscal year pursuant to a covered contract. (b) Covered contract defined \nIn this section, the term covered contract means an annual or multiyear contract for the procurement of an Arleigh Burke class destroyer that is entered into by the Secretary of the Navy on or after the date of the enactment of this Act.", "id": "H8D72314D35E246CE8F3546AE336149E4", "header": "Incorporation of advanced degaussing systems into Arleigh Burke class destroyers" }, { "text": "125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers \n(a) In general \nNot later than March 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a report on the potential benefits of a multiyear contract for the period of fiscal years 2023 through 2027 for the procurement of Flight III Arleigh Burke class destroyers in the quantities specified in subsection (c). (b) Elements \nThe report required by subsection (a) shall include preliminary findings, and the basis for such findings, of the Secretary with respect to whether— (1) the use of a contract described in such subsection could result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts; (2) the minimum need for the destroyers described in such subsection to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities; (3) there is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation; (4) there is a stable design for the destroyers to be acquired and that the technical risks associated with such property are not excessive; (5) the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic; (6) the use of such a contract will promote the national security of the United States; and (7) a decision not to use such a contract will affect the industrial base and, if so, the nature of such effects. (c) Evaluation by quantity \nThe report required by subsection (a) shall evaluate the potential of procuring each of the following quantities of Flight III Arleigh Burke-class destroyers over the period described in such subsection: (1) 10. (2) 12. (3) 15. (4) Any other quantities the Secretary of the Navy considers appropriate.", "id": "H0095719200944F06AD3E22350F45C0B1", "header": "Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers" }, { "text": "126. Acquisition, modernization, and sustainment plan for carrier air wings \n(a) Plan required \nNot later than April 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a 15-year acquisition, modernization, and sustainment plan for the carrier air wings of the Navy. (b) Elements \nThe plan required by subsection (a) shall include the following: (1) (A) An assessment of whether and to what extent the capabilities, capacity, and composition of the carrier air wings in existence as of the date of plan meet the requirements of the National Defense Strategy; and (B) a plan to address any known shortfalls of such carrier wings, including shortfalls with respect to aerial refueling aircraft capacity and strike-fighter combat radius. (2) An operational risk assessment and risk mitigation plan regarding the nine carrier air wings that, as of the date of the plan, support combatant commander steady-state peacetime and potential major contingency requirements. (3) An explanation of when the Secretary of the Navy will field a minimum of 10 carrier air wings in accordance with section 8062(e) of title 10, United States Code. (4) An identification and explanation of the role of autonomous and remotely-piloted aircraft, including the MQ–25 aircraft, and other potential capabilities and platforms planned to be fielded in future carrier air wings. (5) A detailed deck and hangar space plan that supports realistic peacetime steady-state or contingency surge level fixed-wing aircraft and rotorcraft preparation activities, flight operations, and onboard unit-level maintenance, repair, and sustainment activities for future carrier air wings. (6) An appropriate modernization plan to maximize operational use of platforms in existence as of the date of the plan, particularly the EA–18G aircraft and the E–2D aircraft, by leveraging available technologies such as Next Generation Jammer. (7) An identification of the logistics supply chain support and modernization plan required during peacetime steady-state and contingency operations for future carrier air wings, particularly as it relates to implementing the organic C–130 and C–40 logistics tethering strategy. (8) A detailed explanation for the Secretary of the Navy’s decision to modify carrier air wing composition to one squadron of 14 F–35C aircraft instead of the originally planned two squadrons of 10 F–35C aircraft.", "id": "HC30135A932D5412C9E957CFF5272CE40", "header": "Acquisition, modernization, and sustainment plan for carrier air wings" }, { "text": "127. Report on material readiness of Virginia class submarines of the Navy \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the material readiness of the Virginia class submarines. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An assessment of the number of components and parts that have required replacement prior to the end of their estimated useful life or scheduled replacement timeline, including efforts to increase the reliability of life of ship components. (2) An assessment of the extent to which part and material shortages have impacted deployment and maintenance availability schedules, including an estimate of the number of active part cannibalizations or other actions taken to mitigate those impacts. (3) An identification of the planned lead time to obtain key material for Virginia class submarines from shipbuilders and vendors. (4) An identification of the actual lead time to obtain such material from shipbuilders and vendors. (5) An identification of the cost increases of key components and parts for new construction and maintenance availabilities above planned material costs. (6) An assessment of potential courses of action to improve the material readiness of the Virginia class submarines, including efforts to align new construction shipyards with maintenance shipyards and Naval Sea Systems Command to increase predictability of materials and purchasing power. (7) Such recommendations as the Secretary may have for legislative changes, authorities, realignments, and administrative actions, including reforms of the Federal Acquisition Regulation, to improve the material readiness of the Virginia class submarines. (8) Such other elements as the Secretary considers appropriate.", "id": "H54FFABDEAC9D4E888CD3C7D8687008C3", "header": "Report on material readiness of Virginia class submarines of the Navy" }, { "text": "131. Extension of inventory requirement for Air Force fighter aircraft \n(a) Extension of inventory requirement \nSection 9062(i)(1) of title 10, United States Code, is amended by striking October 1, 2022 and inserting October 1, 2026. (b) Reports on retirement of Air Force fighter aircraft \nSection 131 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1314; 10 U.S.C. 9062 note) is amended— (1) by amending subsection (b) to read as follows: (b) Report on retirement of aircraft \n(1) In general \nBeginning with fiscal year 2023, for any fiscal year in which the Secretary of the Air Force expects the total aircraft inventory of fighter aircraft of the Air Force or the total primary mission aircraft inventory of fighter aircraft of the Air Force to decrease below the levels specified in section 9062(i)(1) of title 10, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following: (A) A detailed rationale for the retirement of existing fighter aircraft and a detailed operational analysis of the portfolio of capabilities of the Air Force that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft. (B) An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft and how existing aircraft inventory levels and unit personnel levels for the active and reserve components are proposed to change during the fiscal year in which fighter aircraft will be retired. (C) A detailed assessment of the current operational risk and the operational risk that will be incurred for meeting— (i) the requirements of the National Defense Strategy and combatant commanders; and (ii) operational plans for major contingency operations and steady-state or rotational operations. (D) Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate. (2) Timing of report \nEach report required under paragraph (1) shall be included in the materials submitted in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for the fiscal year in which applicable decrease in fighter aircraft inventory levels is expected to occur. ; (2) by striking subsection (c); and (3) by redesignating subsection (d) as subsection (c).", "id": "H0A8298CE0FD84CB2AFF27EB7725EA09B", "header": "Extension of inventory requirement for Air Force fighter aircraft" }, { "text": "132. Contract for logistics support for VC–25B aircraft \nSection 143 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1668) is amended— (1) in paragraph (1), by striking , unless otherwise approved in accordance with established procedures ; and (2) in paragraph (2), by inserting such before logistics support contract.", "id": "H5A4303A42F93444FBDEA5A7D17CAED76", "header": "Contract for logistics support for VC–25B aircraft" }, { "text": "133. Prohibition on certain reductions to B–1 bomber aircraft squadrons \n(a) Prohibition \nDuring the covered period, the Secretary of the Air Force may not— (1) modify the designed operational capability statement for any B–1 bomber aircraft squadron, as in effect on the date of the enactment of this Act, in a manner that would reduce the capabilities of such a squadron below the levels specified in such statement as in effect on such date; or (2) reduce, below the levels in effect on such date of enactment, the number of personnel assigned to units responsible for the operation and maintenance of B–1 aircraft if such reduction would affect the ability of such units to meet the capability described in paragraph (1). (b) Exception \nThe prohibition under subsection (a) shall not apply to an individual unit for which the Secretary of the Air Force has commenced the process of replacing B–1 bomber aircraft with B–21 bomber aircraft. (c) Definitions \nIn this section: (1) The term covered period means the period beginning on the date of the enactment of this Act and ending on September 30, 2023. (2) The term designed operational capability statement has the meaning given that term in Air Force Instruction 10–201.", "id": "HC78AEC372189469F8FBF3562A888F86F", "header": "Prohibition on certain reductions to B–1 bomber aircraft squadrons" }, { "text": "134. Prohibition on use of funds for retirement of A–10 aircraft \n(a) Prohibition \nNotwithstanding sections 134 and 135 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2037), and except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2022 for the Air Force may be obligated to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft. (b) Exception \n(1) In general \nThe limitation under subsection (a) shall not apply to an individual A–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a Class A mishap. (2) Certification required \nIf the Secretary determines under paragraph (1) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance or repairs or other reasons. (3) Certification additional \nAny certification submitted under paragraph (2) shall be in addition to the notification and certification required by section 135(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2039).", "id": "HFFB7CA3C488E49E58AD12335F746FD8D", "header": "Prohibition on use of funds for retirement of A–10 aircraft" }, { "text": "135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program \n(a) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B–52 Commercial Engine Replacement Program, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in section 2432 of title 10, United States Code, for the most recently concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1). (b) Additional requirements \n(1) Treatment of baseline estimate \nThe Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2020 as the original Baseline Estimate for the Program. (2) Unit cost reports and critical cost growth \n(A) Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2020 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph (B) or subparagraph (C) of section 2433a(c)(1) of such title with respect to the Program. (B) In carrying out the review required by section 2433a of such title, the Secretary shall not enter into a transaction under section 2371 or 2371b of such title, exercise an option under such a transaction, or otherwise extend such a transaction with respect to the B–52 Commercial Engine Replacement Program except to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources. (c) Definitions \nIn this section: (1) The term Baseline Estimate has the meaning given the term in section 2433(a)(2) of title 10, United States Code. (2) The term milestone decision authority has the meaning given the term in section 2366b(g)(3) of title 10, United States Code. (3) The term original Baseline Estimate has the meaning given the term in section 2435(d)(1) of title 10, United States Code. (4) The term Selected Acquisition Report means a Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States Code.", "id": "H7D781063B40A4110AC50262A170092BC", "header": "Limitation on availability of funds for the B–52 Commercial Engine Replacement Program" }, { "text": "136. Limitation on availability of funds pending information on bridge tanker aircraft \n(a) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of the Air Force for travel expenses, not more than thirty-five percent may be obligated or expended until— (1) the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees a report outlining the requirements for the bridge tanker aircraft; and (2) the Secretary of the Air Force submits to the congressional defense committees— (A) a report detailing the acquisition strategy for the bridge tanker aircraft; (B) a certification identifying the amount of funds required for the acquisition of the bridge tanker aircraft; and (C) a plan for the development of the advanced aerial refueling tanker aircraft (commonly referred to as the KC–Z ). (b) Bridge tanker aircraft defined \nIn this section, the term bridge tanker aircraft means the follow-on tanker aircraft (commonly referred to as the KC–Y ).", "id": "H6DA893D59BD54D21B67AB9D147F25371", "header": "Limitation on availability of funds pending information on bridge tanker aircraft" }, { "text": "137. Inventory requirements and limitations relating to certain air refueling tanker aircraft \n(a) Repeal of minimum inventory requirements for KC–10A aircraft \nSection 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; (3) in subsection (b), as so redesignated, by striking subsection (e) and inserting subsection (d) ; and (4) by amending subsection (d), as so redesignated, to read as follows: (d) Exceptions \nThe requirement in subsection (b) shall not apply to an aircraft otherwise required to be maintained by that subsection if the Secretary of the Air Force— (1) at any time during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, determines, on a case-by-case basis, that such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair; or (2) during fiscal year 2023, certifies in writing to the congressional defense committees, not later than 30 days before the date of divestment of such aircraft, that the Air Force can meet combatant command tanker aircraft requirements by leveraging Air National Guard and Air Force Reserve capacity with increased Military Personnel Appropriation (MPA) Man-day Tours to the reserve force.. (b) Limitation on retirement of KC–135 Aircraft \n(1) Limitation \nNotwithstanding section 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and except as provided in paragraph (2), the Secretary of the Air Force may not retire more than 18 KC–135 aircraft during the period beginning on the date of the enactment of this Act and ending on October 1, 2023. (2) Exception \nThe limitation in paragraph (1) shall not apply to individual KC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair. (c) Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force. (d) Primary mission aircraft inventory defined \nIn this section, the term primary mission aircraft inventory has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.", "id": "H596DD84A18DD4CDFA0518A21100CB27D", "header": "Inventory requirements and limitations relating to certain air refueling tanker aircraft" }, { "text": "138. Minimum inventory of tactical airlift aircraft \n(a) Minimum inventory requirement \nDuring the covered period, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft. (b) Exception \nThe Secretary of the Air Force may reduce the number of tactical airlift aircraft in the Air Force below the minimum number specified in subsection (a) if the Secretary determines, on a case-by-case basis, that an aircraft is no longer mission capable because of a mishap or other damage. (c) Covered period defined \nIn this section, the term covered period means the period— (1) beginning on October 1, 2021; and (2) ending on the later of— (A) October 1, 2022; or (B) the date of the enactment of the next National Defense Authorization Act enacted after the date of the enactment of this Act.", "id": "HD9373BD8AC5E4DEDA4E52FE0D2BBE122", "header": "Minimum inventory of tactical airlift aircraft" }, { "text": "139. Report relating to reduction of total number of tactical airlift aircraft \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on any plans of the Air Force to reduce the total number of tactical airlift aircraft in the inventory of the Air Force. (b) Elements \nThe report required under subsection (a) shall include, with respect to any plan of the Air Force to reduce the total number of tactical airlift aircraft— (1) the justification for such reduction; (2) an explanation of whether and to what extent domestic operations was considered as part of such justification; (3) analysis of the role of domestic operations during concurrent contingency operations; (4) analysis of the C–130 aircraft force structures recommended to support wartime mobility requirements as set forth in— (A) the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1321); and (B) the mobility capability requirements study conducted under section 1712 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1803); (5) the Secretary’s justification for any increased risk that may result from accepting a C–130 aircraft force structure smaller than the force structure recommended by such studies; and (6) an explanation of whether and to what extent Governors of States that may be affected by the planned reduction were consulted as part of the decision making process. (c) Form of report \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "H725EA5C518444CEDA836BA6355AF6B7E", "header": "Report relating to reduction of total number of tactical airlift aircraft" }, { "text": "141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program \n(a) F–35A quantity limit for the Air Force \n(1) Limitation \nBeginning on October 1, 2028, the total number of F–35A aircraft that the Secretary of the Air Force may maintain in the aircraft inventory of the Air Force may not exceed the lesser of— (A) 1,763; or (B) the number obtained by— (i) multiplying 1,763 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor \nFor purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35A aircraft of the Air Force (as determined by the Secretary of the Air Force in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35A aircraft of the Air Force during fiscal year 2027 (as determined by the Secretary of the Air Force in accordance with subsection (f)). (b) F–35B quantity limit for the Marine Corps \n(1) Limitation \nBeginning on October 1, 2028, the total number of F–35B aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of— (A) 353; or (B) the number obtained by— (i) multiplying 353 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor \nFor purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35B aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35B aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (c) F–35C quantity limit for the Navy \n(1) Limitation \nBeginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Navy may not exceed the lesser of— (A) 273; or (B) the number obtained by— (i) multiplying 273 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor \nFor purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35C aircraft of the Navy (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Navy during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (d) F–35C Quantity limit for the Marine Corps \n(1) Limitation \nBeginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of— (A) 67; or (B) the number obtained by— (i) multiplying 67 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor \nFor purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35C aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (e) Determination of required affordability cost targets \n(1) Air force \nNot later than October 1, 2025, the Secretary of the Air Force shall— (A) determine an affordability cost target to be used for purposes of subsection (a)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35A aircraft of the Air force for fiscal year 2027; and (B) submit to the congressional defense committees a certification identifying the affordability cost target determined under subparagraph (A). (2) Navy and Marine Corps \nNot later than October 1, 2025, the Secretary of the Navy shall— (A) determine an affordability cost target to be used for purposes of subsection (b)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35B aircraft of the Marine Corps for fiscal year 2027; (B) determine an affordability cost target to be used for purposes of subsection (c)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Navy for fiscal year 2027; (C) determine an affordability cost target to be used for purposes of subsection (d)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Marine Corps for fiscal year 2027; and (D) submit to the congressional defense committees a certification identifying each affordability cost target determined under subparagraphs (A) through (C). (f) Determination of actual cost-per-tail-per-year for fiscal year 2027 \n— (1) In general \nNot later than 90 days after the end of fiscal year 2027— (A) the Secretary of the Air Force shall determine the average cost-per-tail of the F–35A aircraft of the Air Force during fiscal year 2027; and (B) the Secretary of the Navy shall determine the average cost-per-tail of— (i) the F–35B aircraft of the Marine Corps during fiscal year 2027; (ii) the F–35C aircraft of the Navy during fiscal year 2027; and (iii) the F–35C aircraft of the Marine Corps during fiscal year 2027. (2) Calculation \nFor purposes of paragraph (1), the average cost-per-tail of a variant of an F–35 aircraft of an Armed Force shall be determined by— (A) adding the total amount expended for fiscal year 2027 (in base year fiscal 2012 dollars) for all such aircraft in the inventory of the Armed Force for— (i) unit level manpower; (ii) unit operations; (iii) maintenance; (iv) sustaining support; (v) continuing system support; and (vi) modifications; and (B) dividing the sum obtained under subparagraph (A) by the average number of such aircraft in the inventory of the Armed Force during such fiscal year. (g) Waiver authority \nThe Secretary of Defense may waive the quantity limits under any of subsections (a) through (d) if, prior to issuing such a waiver, the Secretary certifies to the congressional defense committees that procuring additional quantities of a variant of an F–35 aircraft above the applicable quantity limit are required to meet the national military strategy requirements of the combatant commanders. The authority of the Secretary under this subsection may not be delegated. (h) Aircraft defined \nIn this section, the term aircraft means aircraft owned and operated by an Armed Force of the United States and does not include aircraft owned or operated by an armed force of a foreign country.", "id": "H7048F8B0AC7646838C7416A5451D05A0", "header": "Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program" }, { "text": "142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy \n(a) Transfer of functions \n(1) Sustainment functions \nNot later than October 1, 2027, the Secretary of Defense shall transfer all functions relating to the management, planning, and execution of sustainment activities for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows: (A) All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (B) All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (2) Acquisition functions \nNot later than October 1, 2029, the Secretary of Defense shall transfer all acquisition functions for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows: (A) All functions of the F–35 Joint Program Office relating to the acquisition of F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (B) All functions of the F–35 Joint Program Office relating to the acquisition of F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (b) Transition plan \nNot later than October 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Air Force and the Secretary of the Navy, shall submit to the congressional defense committees a plan for carrying out the transfers required under subsection (a).", "id": "H54D729EAC024459186244C46051CA621", "header": "Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy" }, { "text": "143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities \n(a) Review of redundancies \nThe Secretary of Defense shall conduct a review of all established and planned efforts to provide air-based and space-based ground moving target indicator capability to identify, eliminate, and prevent redundancies of such efforts across the Department of Defense. (b) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the capability described in subsection (a), not more than 75 percent may be obligated or expended for procurement or research and development for such capability until the date on which the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees the information required under subsection (c). (c) Information required \nThe Vice Chairman of the Joint Chiefs of Staff, in consultation with the Secretaries of the military departments and the heads of such other agencies as the Secretary of Defense considers relevant to the ground moving target indicator capability described in subsection (a), shall submit to the congressional defense committees the following: (1) A list of all procurement and research and development efforts relating to the capability that are funded by— (A) the Department of Defense; or (B) any other department or agency of the Federal Government. (2) A description of how the efforts described in paragraph (1) will— (A) provide real-time information to relevant military end users through the use of air battle managers; and (B) meet the needs of combatant commanders with respect to priority target tasking. (3) Analysis of whether, and to what extent, the efforts described in paragraph (1) comply with— (A) the joint all domain command and control requirements and standards of the Department; and (B) the validated requirements of the Joint Requirements Oversight Council with respect to ground moving target indicator capabilities. (4) Identification of any potential areas of overlap among the efforts described in paragraph (1).", "id": "HEF69161D91E0452E8C066CCEBB3F4E04", "header": "Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities" }, { "text": "144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the procurement of aircraft systems for the armed overwatch program of the United States Special Operations Command may be obligated or expended until a period of 15 days has elapsed following the date on which the acquisition roadmap required by section 165(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is submitted to the congressional defense committees.", "id": "H26F35F6B9D844F79A6CB0A863BF691DF", "header": "Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program" }, { "text": "145. Analysis of certain radar investment options \n(a) Analysis required \n(1) In general \nThe Director of Cost Assessment and Program Evaluation shall conduct an analysis of covered radar systems operating in the Navy and the Missile Defense Agency over the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code. (2) Elements \nThe analysis conducted under paragraph (1) shall include the following: (A) An independent cost estimate of each covered radar system described in paragraph (1) and each variant thereof. (B) An assessment of the capability provided by each such system and variant to address current and future air and missile defense threats. (C) In the case of covered radar systems operating in the Navy, an assessment of the capability and technical suitability of each planned configuration for such systems to support current and future distributed maritime operations in contested environments. (b) Report \nNot later than May 1, 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report that includes the following: (1) The results of the analysis conducted under subsection (a)(1). (2) Such recommendations as the Director may have to achieve greater capability, affordability, and sustainability across covered radar systems described in subsection (a)(1), including variants thereof, during fiscal years 2022 through 2027, including whether— (A) to continue to develop and maintain each covered radar system separately; or (B) to pursue fewer configurations of such systems. (c) Covered radar systems defined \nIn this section, the term covered radar systems means radar systems with the following designations an any variants thereof: (1) AN/SPY–1. (2) AN/SPY–3. (3) AN/SPY–6. (4) AN/SPY–7.", "id": "H362D023C17704BCEB329C3E20270EDB4", "header": "Analysis of certain radar investment options" }, { "text": "146. Review and briefing on fielded major weapon systems \n(a) Review and briefing required \nNot later than March 1, 2023, the Secretary of Defense shall conduct a review, and provide a briefing to the congressional defense committees, on the processes of the Department of Defense for the management of strategic risk with respect to capabilities of fielded major weapon systems funded in the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, including a description of the analytical and implementation methodologies used— (1) to ensure that fielded major weapon systems meet current and emerging military threats; (2) to upgrade or replace any fielded major weapon systems that is not capable of effectively meeting operational requirements or current, evolving, or emerging threats; and (3) to develop and implement plans for the replacement and divestment of fielded major weapon systems that address lower-priority military threats, as determined by intelligence assessments and operational requirements. (b) Major weapon system defined \nIn this section, the term major weapon system has the meaning given such term under section 2379(f) of title 10, United States Code.", "id": "HBE5B792BF9164368BD7F2E32E16870F7", "header": "Review and briefing on fielded major weapon systems" }, { "text": "147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats \nNot later than February 1, 2022, and on a semiannual basis thereafter through February 1, 2024, the Secretary of the Air Force and the Secretary of the Navy shall each submit to the congressional defense committees a report that includes, with respect to each location at which active flying operations are conducted or planned as of the date report— (1) the number of aircrew ejection seats installed in the aircraft used, or expected to be used, at such location; (2) of the ejection seats identified under paragraph (1), the number that have been, or are expected to be, placed in service subject to a waiver due to— (A) deferred maintenance; or (B) the inability to obtain parts to make repairs or to fulfill time-compliance technical orders; and (3) for each ejection seat subject to a waiver as described in paragraph (2)— (A) the date on which the waiver was issued; and (B) the name and title of the official who authorized the waiver.", "id": "HCAAC75E9E1C341939E0AB80B527E17A1", "header": "Reports on exercise of waiver authority with respect to certain aircraft ejection seats" }, { "text": "201. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.", "id": "HCDEC5C50787B40909D5C1046A0AD7986", "header": "Authorization of appropriations" }, { "text": "211. Codification of National Defense Science and Technology Strategy \n(a) In general \nChapter 2 of title 10, United States Code, as amended by section 1081 of this Act, is further amended by inserting before section 119, the following new section: 118c. National Defense Science and Technology Strategy \n(a) In general \nThe Secretary of Defense shall develop a strategy— (1) to articulate the science and technology priorities, goals, and investments of the Department of Defense; (2) to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and (3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies. (b) Elements \nThe strategy required under subsection (a) shall— (1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President; (2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including— (A) personnel and workforce capabilities; (B) facilities for research and test infrastructure; (C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and (D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded; (3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; (4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; (5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title; (6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations; (7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps; (8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and (9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base. (c) Coordination \nThe Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations. (d) Considerations \nIn developing the strategy under subsection (a), the Secretary of Defense shall consider— (1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners; (2) current military requirements and emerging technologies in the defense and commercial sectors; (3) the capabilities of foreign near-peer and peer nations; (4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and (5) near-term, mid-term, and long-term technology and capability development goals. (e) Reports \n(1) Subsequent reports and updates \nNot later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense. (2) Form of reports \nThe reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate. (f) Briefing \nNot later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy. (g) Designation \nThe strategy developed under subsection (a) shall be known as the National Defense Science and Technology Strategy.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting before the item relating to section 119 the following new item: 118c. National Defense Science and Technology Strategy.. (c) Conforming repeal \nSection 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679) is repealed. (d) Conforming amendment \nSection 2358b(c)(2)(B)(ii) of title 10, United States Code, is amended by striking section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679) and inserting section 118c of this title.", "id": "HE81121E90952495EA405A74C7BABCB15", "header": "Codification of National Defense Science and Technology Strategy" }, { "text": "118c. National Defense Science and Technology Strategy \n(a) In general \nThe Secretary of Defense shall develop a strategy— (1) to articulate the science and technology priorities, goals, and investments of the Department of Defense; (2) to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and (3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies. (b) Elements \nThe strategy required under subsection (a) shall— (1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President; (2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including— (A) personnel and workforce capabilities; (B) facilities for research and test infrastructure; (C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and (D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded; (3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; (4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; (5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title; (6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations; (7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps; (8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and (9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base. (c) Coordination \nThe Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations. (d) Considerations \nIn developing the strategy under subsection (a), the Secretary of Defense shall consider— (1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners; (2) current military requirements and emerging technologies in the defense and commercial sectors; (3) the capabilities of foreign near-peer and peer nations; (4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and (5) near-term, mid-term, and long-term technology and capability development goals. (e) Reports \n(1) Subsequent reports and updates \nNot later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense. (2) Form of reports \nThe reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate. (f) Briefing \nNot later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy. (g) Designation \nThe strategy developed under subsection (a) shall be known as the National Defense Science and Technology Strategy.", "id": "H029E2B11A31C4A8187FBAC6E854F22E1", "header": "National Defense Science and Technology Strategy" }, { "text": "212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders \n(a) In general \nSection 2358a of title 10, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): (f) Direct hire authority at personnel demonstration laboratories for advanced degree holders \n(1) Authority \nThe Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in paragraph (2) without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title. (2) Applicability \nThis subsection applies with respect to candidates for scientific and engineering positions within any laboratory designated by section 4121(b) of this title as a Department of Defense science and technology reinvention laboratory. (3) Limitation \n(A) Authority under this subsection may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of candidates greater than the number equal to 5 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year. (B) For purposes of this paragraph, positions and candidates shall be counted on a full-time equivalent basis.. (b) Repeal \nSection 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4618 ) is hereby repealed. (c) Conforming amendments \n(1) Section 255(b)(5)(B) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2223a note) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of. (2) Section 223(d)(3)(C) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking in section 2358a(f) of and inserting in section 2358a(g) of. (3) Section 249(g)(1)(C) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of.", "id": "HE9F8CB92624C420D8AB4D59A4D493E13", "header": "Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders" }, { "text": "213. Duties and regional activities of the Defense Innovation Unit \n(a) Duties of DIU joint reserve detachment \nClause (ii) of section 2358b(c)(2)(B) of title 10, United States Code, is amended to read as follows: (ii) the technology requirements of the Department of Defense, as identified in the most recent— (I) National Defense Strategy; (II) National Defense Science and Technology Strategy as directed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679); and (III) relevant policy and guidance from the Secretary of Defense; and. (b) Regional activities \nSubject to the availability of appropriations for such purpose, the Secretary of Defense may expand the efforts of the Defense Innovation Unit to engage and collaborate with private-sector industry and communities in various regions of the United States— (1) to accelerate the adoption of commercially developed advanced technology in modernization priority areas and such other key technology areas as may be identified by the Secretary; and (2) to expand outreach to communities that do not otherwise have a Defense Innovation Unit presence, including economically disadvantaged communities.", "id": "H7E7A6FFCC2374B4580E2B8AA50B8F8B2", "header": "Duties and regional activities of the Defense Innovation Unit" }, { "text": "214. Codification of requirement for Defense Established Program to Stimulate Competitive Research \n(a) In general \nChapter 301 of title 10, United States Code, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, is further amended by inserting after section 4007 the following new section: 4010. Defense Established Program to Stimulate Competitive Research \n(a) Program required \nThe Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) Program objectives \nThe objectives of the program are as follows: (1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense. (2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance. (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. (c) Program activities \nIn order to achieve the program objectives, the following activities are authorized under the program: (1) Competitive award of grants for research and instrumentation to support such research. (2) Competitive award of financial assistance for graduate students. (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers. (4) Any other activities that are determined necessary to further the achievement of the objectives of the program. (d) Eligible States \n(1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. (2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary— (A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1⁄50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State. (3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years. (e) Coordination with similar federal programs \n(1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. (2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. (f) State defined \nIn this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 301 of such title, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, is further amended by striking the item relating to section 4010 and inserting the following new item: 4010. Defense Established Program to Stimulate Competitive Research.. (c) Conforming repeals \n(1) Section 307 of title I of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia ( Public Law 105–18 ; 10 U.S.C. 2358 note) is repealed. (2) Section 257 of title II of division A of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) is repealed. (d) Effective date \nThis section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).", "id": "H8D4DA8FFEAA942AC891AA5903F0CECBE", "header": "Codification of requirement for Defense Established Program to Stimulate Competitive Research" }, { "text": "4010. Defense Established Program to Stimulate Competitive Research \n(a) Program required \nThe Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) Program objectives \nThe objectives of the program are as follows: (1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense. (2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance. (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. (c) Program activities \nIn order to achieve the program objectives, the following activities are authorized under the program: (1) Competitive award of grants for research and instrumentation to support such research. (2) Competitive award of financial assistance for graduate students. (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers. (4) Any other activities that are determined necessary to further the achievement of the objectives of the program. (d) Eligible States \n(1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. (2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary— (A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1⁄50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State. (3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years. (e) Coordination with similar federal programs \n(1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. (2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. (f) State defined \nIn this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.", "id": "HEEF4BBC6F5D04E409C3F862A881F75F4", "header": "Defense Established Program to Stimulate Competitive Research" }, { "text": "215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories \n(a) In general \nSubchapter III of chapter 303 of title 10, United States Code, as added by section 1842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the heading for subchapter III the following new section: 4121. Science and technology reinvention laboratories: authority and designation \n(a) In general \n(1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. (2) (A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 ( Public Law 98–224 ) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that— (A) subsection (d) of such section 4703 shall not apply to the demonstration project; (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and (C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). (4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. (5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. (b) Designation of laboratories \nEach of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): (1) The Air Force Research Laboratory. (2) The Joint Warfare Analysis Center. (3) The Army Research Institute for the Behavioral and Social Sciences. (4) The Combat Capabilities Development Command Armaments Center. (5) The Combat Capabilities Development Command Army Research Laboratory. (6) The Combat Capabilities Development Command Aviation and Missile Center. (7) The Combat Capabilities Development Command Chemical Biological Center. (8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. (9) The Combat Capabilities Development Command Ground Vehicle Systems Center. (10) The Combat Capabilities Development Command Soldier Center. (11) The Engineer Research and Development Center. (12) The Medical Research and Development Command. (13) The Technical Center, US Army Space and Missile Defense Command. (14) The Naval Air Systems Command Warfare Centers. (15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. (16) The Naval Information Warfare Centers, Atlantic and Pacific. (17) The Naval Medical Research Center. (18) The Naval Research Laboratory. (19) The Naval Sea Systems Command Warfare Centers. (20) The Office of Naval Research. (c) Conversion procedures \nThe Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— (1) shall not adversely affect any employee with respect to pay or any other term or condition of employment; (2) shall be consistent with section 4703(f) of title 5; (3) shall be completed within 18 months after designation; and (4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). (d) Limitation \nThe science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 303 of such title, as added by section 1842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking the item relating to section 4121 and inserting the following: 4121. Science and technology reinvention laboratories: authority and designation.. (c) Conforming repeals \n(1) Section 1105 of the National Defense Authorization Act For Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) is hereby repealed. (2) Subsection (b) of section 342 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) is hereby repealed. (d) Conforming amendments \n(1) Section 1601(f) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 2358 note) is amended by striking section 342 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 108 Stat. 2721) and inserting section 4121(a) of title 10, United States Code. (2) Section 1107 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2358 note) is amended— (A) by amending subsection (a) to read as follows: (e) Requirement \nThe Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under subsection (a) of section 4121 of title 10, United States Code, to carry out personnel management demonstration projects at Department of Defense laboratories designated by subsection (b) of such section as Department of Defense science and technology reinvention laboratories. ; (B) in subsection (c), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486) and inserting designated by section 4121(b) of title 10, United States Code ; and (C) in subsection (e)(3), by striking section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (as cited in subsection (a)) and inserting section 4121(a) of title 10, United States Code. (3) Section 1109(c) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2358 note) is amended by striking specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting designated under section 4121(b) of title 10, United States Code. (4) Section 2803(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2358 note) is amended by striking (as designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting (as designated under section 4121(b) of title 10, United States Code). (5) Section 1108(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 1580 note prec.) is amended by striking section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting section 4121(b) of title 10, United States Code. (6) Section 211(g) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note), as amended and inserting under section 4121(b)of title 10, United States Code. (7) Section 233(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking as specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note) and inserting as designated under section 4121(b) of title 10, United States Code. (8) Section 223(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (9) Section 252(e)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (10) Section 255(b)(5)(A) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 223a note) is amended by striking (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note)) and inserting (as designated under section 4121(b) of title 10, United States Code). (11) Section 249 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (A) in subsection (e)(1)(A), by striking under section 2358a of title 10, United States Code and inserting under section 4121(b) of title 10, United States Code ; and (B) in subsection (g)(1)(B) by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (12) Section 2124(h)(3) of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting designated under section 4121(b) of this title. (13) Section 4091 of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (A) in subsection (b), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) both places it appears and inserting designated by section 4121(b) of this title ; and (B) in subsection (d)(2), by striking pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) both places it appears and inserting pursuant to section 4121(a) of this title. (14) Section 4094(f) of title 10, United States Code, as transferred and redesignated by this Act, is amended by striking by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note) and inserting by section 4121(b) of this title. (e) Effective date \nThis section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).", "id": "H51D3C2E73D254410938AD27F1F2A2E91", "header": "Codification of authorities relating to Department of Defense science and technology reinvention laboratories" }, { "text": "4121. Science and technology reinvention laboratories: authority and designation \n(a) In general \n(1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. (2) (A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 ( Public Law 98–224 ) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that— (A) subsection (d) of such section 4703 shall not apply to the demonstration project; (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and (C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). (4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. (5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. (b) Designation of laboratories \nEach of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): (1) The Air Force Research Laboratory. (2) The Joint Warfare Analysis Center. (3) The Army Research Institute for the Behavioral and Social Sciences. (4) The Combat Capabilities Development Command Armaments Center. (5) The Combat Capabilities Development Command Army Research Laboratory. (6) The Combat Capabilities Development Command Aviation and Missile Center. (7) The Combat Capabilities Development Command Chemical Biological Center. (8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. (9) The Combat Capabilities Development Command Ground Vehicle Systems Center. (10) The Combat Capabilities Development Command Soldier Center. (11) The Engineer Research and Development Center. (12) The Medical Research and Development Command. (13) The Technical Center, US Army Space and Missile Defense Command. (14) The Naval Air Systems Command Warfare Centers. (15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. (16) The Naval Information Warfare Centers, Atlantic and Pacific. (17) The Naval Medical Research Center. (18) The Naval Research Laboratory. (19) The Naval Sea Systems Command Warfare Centers. (20) The Office of Naval Research. (c) Conversion procedures \nThe Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— (1) shall not adversely affect any employee with respect to pay or any other term or condition of employment; (2) shall be consistent with section 4703(f) of title 5; (3) shall be completed within 18 months after designation; and (4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). (d) Limitation \nThe science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.", "id": "HEDC50FDDF65A4A0096DD4F6D0F68A613", "header": "Science and technology reinvention laboratories: authority and designation" }, { "text": "216. Improvements relating to steering committee on emerging technology and national security threats \nSection 236 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (1) in subsection (a), by striking may and inserting and the Director of National Intelligence may jointly ; (2) in subsection (b), by— (A) by striking paragraphs (3) through (8); and (B) by inserting after paragraph (2) the following: (3) The Principal Deputy Director of National Intelligence. (4) Such other officials of the Department of Defense and intelligence community as the Secretary of Defense and the Director of National Intelligence jointly determine appropriate. ; (3) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (4) by inserting after subsection (b) the following: (c) Leadership \nThe Steering Committee shall be chaired by the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, and the Principal Deputy Director of National Intelligence jointly. ; (5) in subsection (d), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a strategy and inserting strategies ; (ii) by inserting and intelligence community after United States military ; and (iii) by inserting and National Intelligence Strategy, and consistent with the National Security Strategy after National Defense Strategy ; (B) in paragraph (3)— (i) in the matter before subparagraph (A), by inserting and the Director of National Intelligence after the Secretary of Defense ; (ii) in subparagraph (A), by striking strategy and inserting strategies ; (iii) in subparagraph (D), by striking ; and and inserting a semicolon; (iv) by redesignating subparagraph (E) as subparagraph (F); and (v) by inserting after subparagraph (D) the following: (E) any changes to the guidance for developing the National Intelligence Program budget required by section 102A(c)(1)(A) of the National Security Act of 1947 ( 50 U.S.C. 3024(c)(1)(A) ), that may be required to implement the strategies under paragraph (1); and ; and (vi) in subparagraph (F), as redesignated by clause (iv), by inserting and the intelligence community after Department of Defense ; and (C) in paragraph (4), by inserting and Director of National Intelligence, jointly after Secretary of Defense ; (6) by amending subsection (e), as redesignated by paragraph (3), to read as follows: (e) Definitions \nIn this section: (1) The term emerging technology means technology jointly determined to be in an emerging phase of development by the Secretary of Defense and the Director of National Intelligence, including quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy, hypersonics, biotechnology, medical technologies, and such other technology as may be jointly identified by the Secretary and the Director. (2) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). ; and (7) in subsection (f), as redesignated by paragraph (3), by striking October 1, 2024 and inserting October 1, 2025.", "id": "H27A9AE74708345A29A0FE6F0C70877B8", "header": "Improvements relating to steering committee on emerging technology and national security threats" }, { "text": "217. Improvements relating to national network for microelectronics research and development \nSection 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking may and inserting shall ; and (2) by adding at the end the following new paragraph: (3) Selection of entities \n(A) In general \nIn carrying out paragraph (1), the Secretary shall, through a competitive process, select two or more entities to carry out the activities described in paragraph (2) as part of the network established under paragraph (1). (B) Geographic diversity \nThe Secretary shall, to the extent practicable, ensure that the entities selected under subparagraph (A) collectively represent the geographic diversity of the United States..", "id": "H7141BB1996BF4628988907DA816CE645", "header": "Improvements relating to national network for microelectronics research and development" }, { "text": "218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions \nSection 217 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2358 note) is amended— (1) by amending subsection (c) to read as follows: (c) Consultation with other organizations \nFor the purposes of providing technical expertise and reducing costs and duplicative efforts, the Secretary of Defense and the Secretaries of the military departments shall work to ensure and support the sharing of information on the research and consulting that is being carried out across the Federal Government in Department-wide shared information systems including the Defense Technical Information Center. ; (2) in subsection (e)— (A) by redesignating paragraph (31) as paragraph (36); and (B) by inserting after paragraph (30) the following new paragraphs: (31) Nuclear science, security, and nonproliferation. (32) Chemical, biological, radiological, and nuclear defense. (33) Spectrum activities. (34) Research security and integrity. (35) Printed circuit boards. ; and (3) in subsection (g), by striking 2026 and inserting 2028.", "id": "HDEEA367555D74990A60CBC68204E236A", "header": "Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions" }, { "text": "219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense \nSection 233(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking Chief Management Officer and inserting Deputy Secretary of Defense or a designee of the Deputy Secretary.", "id": "HFF1ACCEFAF11425188EF957AA4E3D1AF", "header": "Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense" }, { "text": "220. Defense research and engineering activities at minority institutions \n(a) Plan to promote defense research at minority institutes \n(1) In general \nThe Secretary of Defense shall develop a plan to promote defense-related engineering, research, and development activities at minority institutions for the purpose of elevating the capacity of such institutions in those areas. (2) Elements \nThe plan under paragraph (1) shall include the following: (A) An assessment of the engineering, research, and development capabilities of minority institutions, including an assessment of the workforce and physical research infrastructure of such institutions. (B) An assessment of the ability of minority institutions— (i) to participate in defense-related engineering, research, and development activities; and (ii) to effectively compete for defense-related engineering, research, and development contracts. (C) An assessment of the activities and investments necessary— (i) to elevate minority institutions or a consortium of minority institutions (including historically black colleges and universities) to R1 status on the Carnegie Classification of Institutions of Higher Education; (ii) to increase the participation of minority institutions in defense-related engineering, research, and development activities; and (iii) to increase the ability of such institutions ability to effectively compete for defense-related engineering, research, and development contracts. (D) Recommendations identifying actions that may be taken by the Secretary, Congress, minority institutions, and other organizations to increase the participation of minority institutions in defense-related engineering, research, and development activities and contracts. (E) The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase and measure the capacity of minority institutions to address the engineering, research, and development needs of the Department. (3) Consultation \nIn developing the plan under paragraph (1), the Secretary of Defense shall consult with such other public and private sector organizations as the Secretary determines appropriate. (4) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (A) submit to the congressional defense committees a report that includes the plan developed under paragraph (1); and (B) make the plan available on a publicly accessible website of the Department of Defense. (b) Activities to support the research and engineering capacity of historically black colleges and universities and minority institutions \n(1) In general \nSubject to the availability of appropriations, the Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities for the purposes described in paragraph (2). (2) Purposes \nThe purposes described in this paragraph are the following: (A) Developing the capability, including workforce and research infrastructure, for minority institutions to more effectively compete for Federal engineering, research, and development funding opportunities. (B) Improving the capability of such institutions to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities. (C) Any other purposes the Secretary determines appropriate for enhancing the defense-related engineering, research, and development capabilities of minority institutions. (c) Increasing partnerships for minority institutions with national security research and engineering organizations \nSection 2362 of title 10, United States Code, is amended— (1) in subsection (a), by striking Assistant Secretary each place it appears and inserting Under Secretary ; and (2) in subsection (d)— (A) by striking The Secretary of Defense may and inserting the following: (1) The Secretary of Defense may ; and (B) by adding at the end the following paragraph: (2) The Secretary of Defense shall establish goals and incentives to encourage federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— (A) to assess the capacity of covered educational institutions to address the research and development needs of the Department through partnerships and collaborations; and (B) if appropriate, to enter into partnerships and collaborations with such institutions.. (d) Minority institution defined \nIn this section, the term minority institution means a covered educational institution (as defined in section 2362 of title 10, United States Code).", "id": "H20D989B7C57047C6AE99C9125894C419", "header": "Defense research and engineering activities at minority institutions" }, { "text": "221. Test program for engineering plant of DDG(X) destroyer vessels \n(a) Test program required \nDuring the detailed design period and prior to the construction start date of the lead ship in the DDG(X) destroyer class of vessels, the Secretary of the Navy shall commence a land-based test program for the engineering plant of such class of vessels. (b) Administration \nThe test program required by subsection (a) shall be administered by the Senior Technical Authority for the DDG(X) destroyer class of vessels. (c) Elements \nThe test program required by subsection (a) shall include, at a minimum, testing of the following equipment in vessel-representative form: (1) Electrical propulsion motor. (2) Other propulsion drive train components. (3) Main propulsion system. (4) Electrical generation and distribution systems. (5) Machinery control systems. (6) Power control modules. (d) Test objectives \nThe test program required by subsection (a) shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations for the DDG(X) destroyer class of vessels: (1) Test of a single shipboard representative propulsion drive train. (2) Test and facilitation of machinery control systems integration. (3) Simulation of the full range of electrical demands to enable the investigation of load dynamics between the hull, mechanical and electrical equipment, the combat system, and auxiliary equipment. (e) Completion date \nThe Secretary of the Navy shall complete the test program required by subsection (a) by not later than the delivery date of the lead ship in the DDG(X) destroyer class of vessels. (f) Definitions \nIn this section: (1) Delivery date \nThe term delivery date has the meaning given that term in section 8671 of title 10, United States Code. (2) Senior Technical Authority \nThe term Senior Technical Authority means the official designated as the Senior Technical Authority for the DDG(X) destroyer class of vessels pursuant to section 8669b of title 10, United States Code.", "id": "HD37E2360887A435B991CD3A5FB85E757", "header": "Test program for engineering plant of DDG(X) destroyer vessels" }, { "text": "222. Consortium to study irregular warfare \n(a) Establishment \nThe Secretary of Defense may establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats. (b) Purposes \nThe purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding irregular warfare. (2) To maintain open-source databases on issues relevant to understanding terrorism, irregular threats, and social and environmental change. (3) To serve as a repository for datasets regarding research on security, social change, and irregular threats developed by institutions of higher education that receive Federal funding. (4) To support basic research in social science on emerging threats and stability dynamics relevant to irregular threat problem sets. (5) To transition promising basic research— (A) to higher stages of research and development; and (B) into operational capabilities, as appropriate, by supporting applied research and developing tools to counter irregular threats. (6) To facilitate the collaboration of research centers of excellence relating to irregular threats to better distribute expertise to specific issues and scenarios regarding such threats. (7) To enhance educational outreach and teaching at professional military education schools to improve— (A) the understanding of irregular threats; and (B) the integration of data-based responses to such threats. (8) To support classified research when necessary in appropriately controlled physical spaces. (9) To support the work of a Department of Defense Functional Center for Security Studies in Irregular Warfare if such Center is established pursuant to section 1299L of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (10) To carry out such other research initiatives relating to irregular warfare and irregular threats as the Secretary of Defense determines appropriate. (c) Partnerships \nIf the Secretary of Defense establishes a research consortium under subsection (a), the Secretary shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions, as appropriate. (d) Institution of higher education defined \nIn this section, the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "H7CFB1649A4C74098917071B6751C6A6B", "header": "Consortium to study irregular warfare" }, { "text": "223. Development and implementation of digital technologies for survivability and lethality testing \n(a) Expansion of survivability and lethality testing \n(1) In general \nThe Secretary, in coordination with covered officials, shall— (A) expand the survivability and lethality testing of covered systems to include testing against non-kinetic threats; and (B) develop digital technologies to test such systems against such threats throughout the life cycle of each such system. (2) Development of digital technologies for live fire testing \n(A) In general \nThe Secretary, in coordination with covered officials, shall develop— (i) digital technologies to enable the modeling and simulation of the live fire testing required under section 2366 of title 10, United States Code; and (ii) a process to use data from physical live fire testing to inform and refine the digital technologies described in clause (i). (B) Objectives \nIn carrying out subparagraph (A), the Secretary shall seek to achieve the following objectives: (i) Enable assessments of full spectrum survivability and lethality of each covered system with respect to kinetic and non-kinetic threats. (ii) Inform the development and refinement of digital technology to test and improve covered systems. (iii) Enable survivability and lethality assessments of the warfighting capabilities of a covered system with respect to— (I) communications; (II) firepower; (III) mobility; (IV) catastrophic survivability; and (V) lethality. (C) Demonstration activities \n(i) In general \nThe Secretary, acting through the Director, shall carry out activities to demonstrate the digital technologies for full spectrum survivability testing developed under subparagraph (A). (ii) Program selection \nThe Secretary shall assess and select not fewer than three and not more than ten programs of the Department to participate in the demonstration activities required under clause (i). (iii) Armed Forces programs \nOf the programs selected pursuant to clause (ii), the Director shall select— (I) at least one such program from the Army; (II) at least one such program from the Navy or the Marine Corps; and (III) at least one such program from the Air Force or the Space Force. (3) Regular survivability and lethality testing throughout life cycle \n(A) In general \nThe Secretary, in coordination with covered officials, shall— (i) develop a process to regularly test through the use of digital technologies the survivability and lethality of each covered system against kinetic and non-kinetic threats throughout the life cycle of such system as threats evolve; and (ii) establish guidance for such testing. (B) Elements \nIn carrying out subparagraph (A), the Secretary shall determine the following: (i) When to deploy digital technologies to provide timely and up-to-date insights with respect to covered systems without unduly delaying fielding of capabilities. (ii) The situations in which it may be necessary to develop and use digital technologies to assess legacy fleet vulnerabilities. (b) Reports and briefing \n(1) Assessment and selection of programs \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that identifies the programs selected to participate in the demonstration activities under subsection (a)(2)(C). (2) Modernization and digitization report \n(A) In general \nNot later than March 15, 2023, the Director shall submit to the congressional defense committees a report that includes— (i) an assessment of the progress of the Secretary in carrying out subsection (a); (ii) an assessment of each of the demonstration activities carried out under subsection (a)(2)(C), including a comparison of— (I) the risks, benefits, and costs of using digital technologies for live fire testing and evaluation; and (II) the risks, benefits, and costs of traditional physical live fire testing approaches that— (aa) are not supported by digital technologies; (bb) do not include testing against non-kinetic threats; and (cc) do not include full spectrum survivability; (iii) an explanation of— (I) how real-world operational and digital survivability and lethality testing data will be used to inform and enhance digital technology; (II) the contribution of such data to the digital modernization efforts required under section 836 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); and (III) the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department; (iv) an assessment of the ability of the Department to perform full spectrum survivability and lethality testing of each covered system with respect to kinetic and non-kinetic threats; (v) an assessment of the processes implemented by the Department to manage digital technologies developed pursuant to subsection (a); and (vi) an assessment of the processes implemented by the Department to develop digital technology that can perform full spectrum survivability and lethality testing with respect to kinetic and non-kinetic threats. (B) Briefing \nNot later than April 14, 2023, the Director shall provide to the congressional defense committees a briefing that identifies any changes to existing law that may be necessary to implement subsection (a). (c) Definitions \nIn this section: (1) The term covered officials means— (A) the Under Secretary of Defense for Research and Engineering; (B) the Under Secretary of Defense for Acquisition and Sustainment; (C) the Chief Information Officer; (D) the Director; (E) the Director of Cost Assessment and Program Evaluation; (F) the Service Acquisition Executives; (G) the Service testing commands; (H) the Director of the Defense Digital Service; and (I) representatives from— (i) the Department of Defense Test Resource Management Center; (ii) the High Performance Computing Modernization Program Office; and (iii) the Joint Technical Coordination Group for Munitions Effectiveness. (2) The term covered system means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions. (3) The term Department means the Department of Defense. (4) The term digital technologies includes digital models, digital simulations, and digital twin capabilities that may be used to test the survivability and lethality of a covered system. (5) The term Director means the Director of Operational Test and Evaluation. (6) The term full spectrum survivability and lethality testing means a series of assessments of the effects of kinetic and non-kinetic threats on the communications, firepower, mobility, catastrophic survivability, and lethality of a covered system. (7) The term non-kinetic threats means unconventional threats, including— (A) cyber attacks; (B) electromagnetic spectrum operations; (C) chemical, biological, radiological, nuclear effects and high yield explosives; and (D) directed energy weapons. (8) The term Secretary means the Secretary of Defense.", "id": "H238610EC804C4C069DD5C25FB693AD9E", "header": "Development and implementation of digital technologies for survivability and lethality testing" }, { "text": "224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft \n(a) Testing and evaluation required \nBeginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall commence operational testing and evaluation of each fleet of tactical fighter aircraft (including each type and model variant of aircraft within the fleet) that uses the Onboard Oxygen Generating System for the pilot breathing system (in this section referred to as the breathing system ) to— (1) determine whether the breathing system complies with Military Standard 3050 (MIL–STD–3050), titled Aircraft Crew Breathing Systems Using On-Board Oxygen Generating System (OBOGS) ; and (2) assess the safety and effectiveness of the breathing system for all pilots of the aircraft fleet tested. (b) Requirements \nThe following shall apply to the testing and evaluation conducted for an aircraft fleet under subsection (a): (1) The F–35 aircraft fleet shall be the first aircraft fleet tested and evaluated, and such testing and evaluation shall include F–35A, F–35B, and F–35C aircraft. (2) The pilot, aircraft systems, and operational flight environment of the aircraft shall not be assessed in isolation but shall be tested and evaluated as integrated parts of the breathing system. (3) The testing and evaluation shall be conducted under a broad range of operating conditions, including variable weather conditions, low-altitude flight, high-altitude flight, during weapons employment, at critical phases of flight such as take-off and landing, and in other challenging environments and operating flight conditions. (4) The testing and evaluation shall assess operational flight environments for the pilot that replicate expected conditions and durations for high gravitational force loading, rapid changes in altitude, rapid changes in airspeed, and varying degrees of moderate gravitational force loading. (5) A diverse group of pilots shall participate in the testing and evaluation, including— (A) pilots who are test-qualified and pilots who are not test-qualified; and (B) pilots who vary in gender, physical conditioning, height, weight, and age, and any other attributes that the Secretary determines to be appropriate. (6) Aircraft involved in the testing and evaluation shall perform operations with operationally representative and realistic aircraft configurations. (7) The testing and evaluation shall include assessments of pilot life support gear and relevant equipment, including the pilot breathing mask apparatus. (8) The testing and evaluation shall include testing data from pilot reports, measurements of breathing pressures and air delivery response timing and flow, cabin pressure, air-speed, acceleration, measurements of hysteresis during all phases of flight, measurements of differential pressure between mask and cabin altitude, and measurements of spirometry and specific oxygen saturation levels of the pilot immediately before and immediately after each flight. (9) The analysis of the safety and effectiveness of the breathing system shall thoroughly assess any physiological effects reported by pilots, including effects on health, fatigue, cognition, and perception of any breathing difficulty. (10) The testing and evaluation shall include the participation of subject matter experts who have familiarity and technical expertise regarding design and functions of the aircraft, its propulsion system, pilot breathing system, life support equipment, human factors, and any other systems or subject matter the Secretary determines necessary to conduct effective testing and evaluation. At a minimum, such subject matter experts shall include aerospace physiologists, engineers, flight surgeons, and scientists. (11) In carrying out the testing and evaluation, the Secretary of Defense may seek technical support and subject matter expertise from the Naval Air Systems Command, the Air Force Research Laboratory, the Office of Naval Research, the National Aeronautics and Space Administration, and any other organization or element of the Department of Defense or the National Aeronautics and Space Administration that the Secretary, in consultation with the Administrator of the National Aeronautics and Space Administration, determines appropriate to support the testing and evaluation. (c) Corrective actions \nNot later than 90 days after the submittal of a final report under subsection (e) for an aircraft fleet, the Secretary of Defense shall take such actions as are necessary to correct all deficiencies, shortfalls, and gaps in the breathing system that were discovered or reported as a result of the testing and evaluation of such aircraft fleet under subsection (a). (d) Preliminary reports \n(1) In general \nNot later than the date specified in paragraph (2), for each aircraft fleet tested and evaluated under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a separate preliminary report, based on the initial results of such testing and evaluation, that includes— (A) the initial findings and recommendations of the Secretary; (B) potential corrective actions that the Secretary of Defense may carry out to address deficiencies in the breathing system of the aircraft tested; and (C) the results of initial review and assessment, conducted by the Administrator of the National Aeronautics and Space Administration for purposes of the report, of— (i) the testing and evaluation plans, execution, processes, data, and technical results of the testing and evaluation activities under subsection (a); and (ii) the initial findings, recommendations, and potential corrective actions determined by the Secretary of Defense under subparagraphs (A) and (B). (2) Date specified \nThe date specified in this paragraph is the earlier of— (A) a date selected by the Secretary of the Air Force that is not later than 180 days after the testing and evaluation of the aircraft fleet under subsection (a) has been completed; or (B) one year after the commencement of the testing and evaluation of the aircraft fleet under subsection (a). (e) Final reports \nNot later than two years after the commencement of the testing and evaluation under subsection (a) for an aircraft fleet, the Secretary of Defense shall submit to the congressional defense committees a final report on the results of such testing with respect to such aircraft fleet that includes, based on the final results of such testing and evaluation— (1) findings and recommendations with respect to the breathing system; and (2) a description of the specific actions the Secretary will carry out to correct deficiencies in the breathing system, as required under subsection (c). (f) Independent review of final report \n(1) In general \nThe Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall seek to enter into an agreement with a federally funded research and development center with relevant expertise to conduct an independent sufficiency review of the final reports submitted under subsection (e). (2) Report to Secretary \nNot later than seven months after the date on which the Secretary of Defense enters into an agreement with a federally funded research and development center under paragraph (1), the center shall submit to the Secretary a report on the results of the review conducted under such paragraph. (3) Report to Congress \nNot later than 30 days after the date on which the Secretary of Defense receives the report under paragraph (2), the Secretary shall submit the report to the congressional defense committees.", "id": "H98DCD6CD8CE14FD384EEC292C095E370", "header": "Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft" }, { "text": "225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base \n(a) Identification required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall identify each facility and capability of the Major Range and Test Facility Base— (1) the primary mission of which is the test and evaluation of hypersonics technology; or (2) that provides other test and evaluation capabilities to support the development of hypersonics technology. (b) Briefing \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on a plan to improve the capabilities identified under subsection (a), including— (1) a schedule for such improvements; and (2) a description of any organizational changes, investments, policy changes, or other activities the Secretary proposes to carry out as part of such plan. (c) Major Range and Test Facility Base \nIn this section, the term Major Range and Test Facility Base has the meaning given that term in section 196(i) of title 10, United States Code.", "id": "H7D89BAE7C0B5428CB4CF915A5F72A84C", "header": "Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base" }, { "text": "226. Review of artificial intelligence applications and establishment of performance metrics \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Department of Defense; and (2) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations. (b) Performance objectives and accompanying metrics \n(1) Skill gaps \nIn carrying out subsection (a), the Secretary of Defense shall require each Secretary of a military department and the heads of such other organizations and elements of the Department of Defense as the Secretary of Defense determines appropriate to— (A) conduct a comprehensive review and assessment of— (i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence; (ii) the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and (iii) the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and (B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Department for skilled personnel. (2) AI modernization activities \nIn carrying out subsection (a), the Secretary of Defense shall— (A) assess investment by the Department of Defense in artificial intelligence innovation, science and technology, and research and development; (B) assess investment by the Department in test and evaluation of artificial intelligence capabilities; and (C) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Department. (3) Exercises, wargames, and experimentation \nIn conjunction with the activities of the Secretary of Defense under subsection (a), the Chairman of the Joint Chiefs of Staff, in coordination with the Director of the Joint Artificial Intelligence Center, shall— (A) assess the integration of artificial intelligence into war-games, exercises, and experimentation; and (B) develop performance objectives and accompanying metrics for such integration. (4) Logistics and sustainment \nIn carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense for Acquisition and Sustainment, with support from the Director of the Joint Artificial Intelligence Center, to— (A) assess the application of artificial intelligence in logistics and sustainment systems; and (B) establish performance objectives and accompanying metrics for integration of artificial intelligence in the Department of Defense logistics and sustainment enterprise. (5) Business applications \nIn carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense (Comptroller), in coordination with the Director of the Joint Artificial Intelligence Center, to— (A) assess the integration of artificial intelligence for administrative functions that can be performed with robotic process automation and artificial intelligence-enabled analysis; and (B) establish performance objectives and accompanying metrics for the integration of artificial intelligence in priority business process areas of the Department of Defensee, including the following: (i) Human resources. (ii) Budget and finance, including audit. (iii) Retail. (iv) Real estate. (v) Health care. (vi) Logistics. (vii) Such other business processes as the Secretary considers appropriate. (c) Report to Congress \nNot later than 120 days after the completion of the review required by subsection (a)(1), the Secretary of Defense shall submit to the congressional defense committees a report on— (1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and (2) the performance objectives and accompanying metrics established under subsections (a)(2) and (b).", "id": "HE9C71992B5554FDE95956DBF393DBB8F", "header": "Review of artificial intelligence applications and establishment of performance metrics" }, { "text": "227. Modification of the joint common foundation program \n(a) Modification of joint common foundation \nThe Secretary of Defense shall modify the Joint Common Foundation program conducted by the Joint Artificial Intelligence Center to ensure that Department of Defense components can more easily contract with leading commercial artificial intelligence companies to support the rapid and efficient development and deployment of applications and capabilities. (b) Qualifying commercial companies \nThe Secretary of Defense shall take such actions as may be necessary to increase the number of commercial artificial intelligence companies eligible to provide support to Department of Defense components, including with respect to requirements for cybersecurity protections and processes, to achieve automatic authority to operate and provide continuous delivery, security clearances, data portability, and interoperability. (c) Use of FAR part 12 \nThe Secretary of Defense shall ensure that, to the maximum extent practicable, commercial artificial intelligence companies are able to offer platforms, services, applications, and tools to Department of Defense components through processes and procedures under part 12 of the Federal Acquisition Regulation. (d) Objectives of the Joint Common Foundation program \nThe objectives of the Joint Common Foundation program shall include the following: (1) Relieving Department of Defense components of the need to design or develop or independently contract for the computing and data hosting platforms and associated services on and through which the component at issue would apply its domain expertise to develop specific artificial intelligence applications. (2) Providing expert guidance to components in selecting commercial platforms, tools, and services to support the development of component artificial intelligence applications. (3) Ensuring that leading commercial artificial intelligence technologies and capabilities are easily and rapidly accessible to components through streamlined contracting processes. (4) Assisting components in designing, developing, accessing, or acquiring commercial or non-commercial capabilities that may be needed to support the operational use of artificial intelligence applications. (5) Enabling companies to develop software for artificial intelligence applications within secure software development environments that are controlled, sponsored, required, or specified by the Department of Defense, including PlatformOne of the Department of the Air Force (e) Briefing \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on actions taken to carry out this section.", "id": "HC51C978654744689A49BAA0669BA1253", "header": "Modification of the joint common foundation program" }, { "text": "228. Executive education on emerging technologies for senior civilian and military leaders \n(a) Establishment of course \nNot later than two years after the date of the enactment of this Act, the Secretary of Defense shall establish executive education activities on emerging technologies for appropriate general and flag officers and senior executive-level civilian leaders that are designed specifically to prepare new general and flag officers and senior executive-level civilian leaders on relevant technologies and how these technologies may be applied to military and business activities in the Department of Defense. (b) Plan for participation \n(1) In general \nThe Secretary of Defense shall develop a plan for participation in executive education activities established under subsection (a). (2) Requirements \nAs part of such plan, the Secretary shall ensure that, not later than five years after the date of the establishment of the activities under subsection (a), all appropriate general flag officers and senior executive-level civilian leaders are— (A) required to complete the executive education activities under such subsection; and (B) certified as having successfully completed the executive education activities. (c) Report \n(1) In general \nNot later than the date that is three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the status of the implementation of the activities required by subsection (a). (2) Contents \nThe report submitted under paragraph (1) shall include the following: (A) A description of the new general and flag officers and senior executive-level civilian leaders for whom the education activities have been designated. (B) A recommendation with respect to continuing or expanding the activities required under subsection (a).", "id": "HC00881469A06427A9EE28574CE9560A0", "header": "Executive education on emerging technologies for senior civilian and military leaders" }, { "text": "229. Activities to accelerate development and deployment of dual-use quantum technologies \n(a) Activities required \nThe Secretary of Defense shall establish a set of activities— (1) to accelerate the development and deployment of dual-use quantum capabilities; (2) to ensure the approach of the United States to investments of the Department of Defense in quantum information science research and development reflects an appropriate balance between scientific progress and the potential economic and security implications of such progress; (3) to ensure that the Department of Defense is fully aware and has a technical understanding of the maturity and operational utility of new and emerging quantum technologies; and (4) to ensure the Department of Defense consistently has access to the most advanced quantum capabilities available in the commercial sector to support research and modernization activities. (b) Assistance program \n(1) Program required \nIn carrying out subsection (a) and subject to the availability of appropriations for such purpose, the Secretary of Defense shall, acting through the Director of the Defense Advanced Research Projects Agency and in consultation with appropriate public and private sector organizations, establish a program under which the Secretary may award assistance to one or more organizations— (A) to identify defense applications for which dual-use quantum technologies provide a clear advantage over competing technologies; (B) to accelerate development of such quantum technologies; and (C) to accelerate the deployment of dual-use quantum capabilities. (2) Form of assistance \nAssistance awarded under the program required by paragraph (1) may consist of a grant, a contract, a cooperative agreement, other transaction, or such other form of assistance as the Secretary of Defense considers appropriate. (3) Authorities and acquisition approaches \nThe Secretary of Defense may use the following authorities and approaches for the program required by paragraph (1): (A) Section 2374a of title 10, United States Code, relating to prizes for advanced technology achievements. (B) Section 2373 of such title, relating to procurement for experimental purposes. (C) Sections 2371 and 2371b of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively. (D) Section 2358 of such title, relating to research and development projects. (E) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures. (F) Requirement for milestone payments based on technical achievements. (G) Requirement for cost share from private sector participants in the program. (H) Commercial procurement authority under part 12 of the Federal Acquisition Regulation. (I) Such other authorities or approaches as the Secretary considers appropriate. (4) Policies and procedures \nThe Secretary of Defense shall, in consultation with such experts from government and industry as the Secretary considers appropriate, establish policies and procedures to carry out the program required by paragraph (1). (c) Briefing and report \n(1) Briefing \nNot later than March 1, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the plan to carry out the activities required by subsection (a) and the program required by subsection (b). (2) Report \nNot later than December 31, 2022, and not less frequently than once each year thereafter until December 31, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the activities carried out under subsection (a) and the program carried out under subsection (b).", "id": "HFFE1C2B29F81478FAEF53E7E5119689A", "header": "Activities to accelerate development and deployment of dual-use quantum technologies" }, { "text": "230. National Guard participation in microreactor testing and evaluation \nThe Secretary of Defense may, in coordination with the Director of the Strategic Capabilities Office and the Chief of the National Guard Bureau, assemble a collection of four National Guard units to participate in the testing and evaluation of a micro nuclear reactor program.", "id": "H07EAA10143B0488C88736F487AF00129", "header": "National Guard participation in microreactor testing and evaluation" }, { "text": "231. Pilot program on the use of private sector partnerships to promote technology transition \n(a) In general \nConsistent with section 2359 of title 10, United States Code, the Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology programs, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases into acquisition activities and operational use. Under the pilot program, the Secretary shall seek to enter into agreements with qualified private sector organizations to support— (1) matching technology developers with programs, projects, and activities of the Department that may have a use for the technology developed by such developers; (2) providing technical assistance to appropriate parties on participating in the procurement programs and acquisition processes of the Department, including training and consulting on programming, budgeting, contracting, requirements, and other relevant processes and activities; and (3) overcoming barriers and challenges facing technology developers, including challenges posed by restrictions on accessing secure facilities, networks, and information. (b) Priority \nIn carrying out the activities described in paragraphs (1) through (3) of subsection (a), a qualified private sector organization shall give priority to technology producers that are small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )), research institutions (as defined in section 9(e) of such Act), or institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C 1001)). (c) Terms of agreements \nThe terms of an agreement under subsection (a) shall be determined by the Secretary of Defense. (d) Data collection \n(1) Plan required before implementation \nThe Secretary of Defense may not enter into an agreement under subsection (a) until the date on which the Secretary— (A) completes a plan to for carrying out the data collection required under paragraph (2); and (B) submits the plan to the congressional defense committees. (2) Data collection required \nThe Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of— (A) developing and sharing best practices for facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; (B) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and (C) providing information to the congressional defense committees as required under subsection (e). (e) Briefing \nNot later than December 31, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues. (f) Consultation \nIn carrying out the pilot program under this section, the Secretary of Defense shall consult with— (1) service acquisition executives (as defined in section 101 of title 10, United States Code); (2) the heads of appropriate Defense Agencies and Department of Defense Field Activities; (3) procurement technical assistance centers (as described in chapter 142 of title 10, United States Code); and (4) such other individuals and organizations as the Secretary determines appropriate. (g) Termination \nThe pilot program under this section shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a). (h) Comptroller general assessment and report \n(1) Assessment \nThe Comptroller General of the United States shall conduct an assessment of the pilot program under this section. The assessment shall include an evaluation of the effectiveness of the pilot program with respect to— (A) facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; and (B) protecting sensitive information in the course of the pilot program. (2) Report \nNot later than the date specified in paragraph (3), the Comptroller General shall submit to the congressional defense committees a report on the results of the assessment conducted under paragraph (1). (3) Date specified \nThe date specified in this paragraph is the earlier of— (A) four years after the date on which the Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a): or (B) five years after the date of the enactment of this Act.", "id": "H713CCC6532AC461FAF84F6EE6702158B", "header": "Pilot program on the use of private sector partnerships to promote technology transition" }, { "text": "232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense \n(a) Establishment of data repositories \nThe Secretary of Defense, acting through the Chief Data Officer of the Department of Defense and the Director of the Joint Artificial Intelligence Center (and such other officials as the Secretary determines appropriate), may carry out a pilot program under which the Secretary— (1) establishes data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and (2) allows appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the Secretary, be procured by the Department to satisfy Department requirements and technology development goals. (b) Elements \nIf the Secretary of Defense carries out the pilot program under subsection (a), the data repositories established under the program— (1) may include unclassified training quality data sets and associated labels representative of diverse types of information, representing Department of Defense missions, business processes, and activities; and (2) shall— (A) be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions; (B) be made available to appropriate public and private sector organizations to support rapid development of software and artificial intelligence capabilities; (C) include capabilities and tool sets to detect, evaluate, and correct errors in data annotation, identify gaps in training data used in model development that would require additional data labeling, and evaluate model performance across the life cycle of the data repositories; and (D) be developed to support other missions and activities as determined by the Secretary. (c) Briefing \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) whether the Secretary intends to carry out the pilot program under this section; (2) if the Secretary does not intend to carry out the pilot program, an explanation of the reasons for such decision; (3) if the Secretary does intend to carry out the pilot program, or if the Secretary has already initiated the pilot program as of the date of the briefing— (A) the types of information the Secretary determines are feasible and advisable to include in the data repositories described in subsection (a); and (B) the progress of the Secretary in carrying out the program.", "id": "H2C6E6BA56C2944128B4EBBA4A55513F0", "header": "Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense" }, { "text": "233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations \n(a) Plans \n(1) In general \nNot later than 180 days after enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a plan for a pilot program for the deployment of telecommunications infrastructure to facilitate the availability of fifth-generation wireless telecommunications services on military installations under the jurisdiction of the Secretary. (2) Plan elements \nEach plan submitted under paragraph (1) by a Secretary of a military department shall include, with respect to such military department, the following: (A) A list of military installations at which the pilot program will be carried out, including at least one military installation of the department. (B) A description of authorities that will be used to execute the pilot program. (C) A timeline for the implementation and duration of the pilot program. (D) The identity of each telecommunication carrier that intends to use the telecommunications infrastructure deployed pursuant to the pilot to provide fifth-generation wireless telecommunication services at each of the military installations listed under subparagraph (A). (E) An assessment of need for centralized processes and points of contacts to facilitate deployment of the telecommunications infrastructure. (b) Pilot programs required \nNot later than one year after the date of the enactment of this Act, each Secretary of a military department shall establish a pilot program in accordance with the plan submitted by the Secretary under subsection (a)(1). (c) Reports \n(1) In general \nNot later than 180 days after the date on which a Secretary of a military department commences a pilot program under subsection (b), and not less frequently than once every 180 days thereafter until the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. (2) Contents \nEach report submitted under paragraph (1) for a pilot program shall include the following: (A) A description of the status of the pilot program at each military installation at which the pilot program is carried out. (B) A description of the use of, and services provided by, telecommunications carriers of the telecommunications infrastructure at each military installation under the pilot program. (C) Such additional information as the Secretary of the military department considers appropriate. (d) Telecommunications infrastructure defined \nIn this section, the term telecommunications infrastructure includes, at a minimum, the following: (1) Macro towers. (2) Small cell poles. (3) Distributed antenna systems. (4) Dark fiber. (5) Power solutions.", "id": "H92504F061C9D4ECD939B1CD519087E23", "header": "Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations" }, { "text": "234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis \n(a) Limitation \nThe Secretary of the Army may not enter into a contract for the development of a physical prototype for the Optionally Manned Fighting Vehicle or any other next-generation infantry fighting vehicle of the Army until a period of 30 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report required under subsection (b). (b) Report required \n(1) In general \nThe Secretary of the Army shall submit to the congressional defense committees a report on the analysis supporting the determination of formal requirements or desired characteristics for the Optionally Manned Fighting Vehicle refined through the concept and detailed design phases of the acquisition strategy. (2) Elements \nThe report required by paragraph (1) shall include the following: (A) A detailed description of the formal requirements applicable to the Optionally Manned Fighting Vehicle or desired characteristics guiding the physical prototyping phase of the program. (B) A description of the analysis conducted to finalize such requirements and characteristics. (C) A description of Optionally Manned Fighting Vehicle-equipped force structure designs and the operational concepts analyzed during the vehicle concept design and detailed design phases. (D) A detailed description of the analysis conducted, trade-offs considered, and conclusions drawn with respect to the force structure designs and operational concepts, survivability, mobility, lethality, payload, and combat effectiveness in execution of the critical operational tasks required of fighting-vehicle-equipped infantry. (E) An assessment and comparison of the combat effectiveness (including survivability, mobility, and lethality) of combined arms company teams equipped with Optionally Manned Fighting Vehicles compared to those equipped with fully modernized Bradley Fighting Vehicles. (c) Briefing required \nAt least 30 days prior to the submission of the report under subsection (b), the Secretary of the Army shall provide to the congressional defense committees a briefing on the preliminary findings of the Secretary with respect to each element specified in subsection (b)(2). (d) Comptroller General assessment \nNot later than 60 days after the date on which the report under subsection (b) is submitted, the Comptroller General of the United States shall submit to the congressional defense committees a written assessment of the report, including— (1) an assessment of the objectivity, validity, and reliability of the Army’s analysis with respect to each element specified in subsection (b)(2); and (2) any other matters the Comptroller General determines appropriate.", "id": "HF5206B2D010E413F8B07E057FCBD3E73", "header": "Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis" }, { "text": "235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity \n(a) Limitation \n(1) In general \nThe Secretary of the Navy may not take any action described in paragraph (2) until the date on which the Director of Operational Test and Evaluation, in consultation with the Secretary of the Navy, certifies to the congressional defense committees that the use of non-test designated units to conduct flight testing will not have any appreciable effect on— (A) the cost or schedule of any naval aviation or naval aviation-related program; or (B) the efficacy of test execution, analysis, and evaluation for any such program. (2) Actions described \nThe actions described in this paragraph are the following: (A) The delegation of any operational flight test event to be conducted by a non-test designated unit. (B) Any action that would reduce, below the levels authorized and in effect on October 1, 2020, any of the following: (i) The aviation or aviation-related operational testing and evaluation capacity of the Department of the Navy. (ii) The personnel billets assigned to support such capacity. (iii) The aviation force structure, aviation inventory, or quantity of aircraft assigned to support such capacity, including rotorcraft and fixed-wing aircraft. (b) Report required \nNot later than September 1, 2022, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that assesses each of the following as of the date of the report: (1) The design and effectiveness of the testing and evaluation infrastructure and capacity of the Department of the Navy, including an assessment of whether such infrastructure and capacity is sufficient to carry out the acquisition and sustainment testing required for the aviation-related programs of the Department of Defense and the naval aviation-related programs of the Department of the Navy. (2) The plans of the Secretary of the Navy to reduce the testing and evaluation capacity and infrastructure of the Navy with respect to naval aviation in fiscal year 2022 and subsequent fiscal years, as specified in the budget of the President submitted to Congress on May 28, 2021. (3) The technical, fiscal, and programmatic issues and risks associated with the plans of the Secretary of the Navy to delegate and task non-test designated operational naval aviation units and organizations to efficiently and effectively execute, analyze, and evaluate testing and evaluation master plans for all aviation-related programs and projects of the Department of the Navy. (c) Non-test designated unit defined \nIn this section, the term non-test designated unit means a naval aviation unit that does not have designated as its primary mission operational testing and evaluation in support of naval aviation or naval aviation-related projects and programs.", "id": "H8939979F080B4584B5605EEC30F22A19", "header": "Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity" }, { "text": "236. Limitation on availability of funds for certain C–130 aircraft \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to procure a C–130 aircraft for testing and evaluation as a potential replacement for the E–6B aircraft until the date on which all of the following conditions are met: (1) The Secretary of the Navy has submitted to the congressional defense committees a report that includes— (A) the unit cost of each such C–130 test aircraft; (B) the life cycle sustainment plan for such C–130 aircraft; (C) a statement indicating whether such C–130 aircraft will be procured using multiyear contracting authority under section 2306b of title 10, United States Code; and (D) the total amount of funds needed to complete the procurement of such C–130 aircraft. (2) The Secretary of the Navy has certified to the congressional defense committees that C–130 aircraft in the inventory of the Air Force as of the date of the enactment of this Act would not be capable of fulfilling all requirements under the E–6B aircraft program of record. (3) The Commander of the United States Strategic Command has submitted to the congressional defense committees a report identifying the plan for hardware that will replace the E–6B aircraft while fulfilling all requirements under the E–6B program of record.", "id": "H505495AF5CAC4873817D1D86C19D59F9", "header": "Limitation on availability of funds for certain C–130 aircraft" }, { "text": "237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation \n(a) Documentation required \nNot later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees an integrated master schedule that has been approved by the Secretary for the VC–25B presidential aircraft recapitalization program of the Air Force. (b) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force for the VC–25B aircraft, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required under subsection (a).", "id": "H6DC30717A539479387C3AE680A3FDF88", "header": "Limitation on availability of funds for VC–25B aircraft program pending submission of documentation" }, { "text": "238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for research, development, test, and evaluation for the Army for the High Accuracy Detection and Exploitation System, not more than 75 percent may be obligated or expended until the Vice Chairman of the Joint Chiefs of Staff certifies to the congressional defense committees that— (1) the High Accuracy Detection and Exploitation System enables multi-domain operations for the Army and is consistent with the Joint All Domain Command and Control strategy of the Department of Defense; and (2) in a conflict, the System will be able to operate at standoff distances for survivability against enemy air defenses, while providing signals intelligence, electronic intelligence, communications intelligence, or synthetic aperture radar or moving target indicator information to the ground component commander, consistent with planned operational concepts.", "id": "HA6C3DD8DD7054023A9A2EB0492740CD7", "header": "Limitation on availability of funds for the High Accuracy Detection and Exploitation System" }, { "text": "241. Modification to annual report of the Director of Operational Test and Evaluation \nSection 139(h)(2) of title 10, United States Code, is amended by striking , through January 31, 2026.", "id": "H35C25441F64B459DA69769275FE839C8", "header": "Modification to annual report of the Director of Operational Test and Evaluation" }, { "text": "242. Adaptive engine transition program acquisition strategy for the F–35A aircraft \n(a) In general \nNot later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Air Force, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program propulsion system into the F–35A aircraft. (b) Elements \nThe report required under subsection (a) shall include the following: (1) A competitive acquisition strategy, informed by fiscal considerations, to— (A) integrate the Adaptive Engine Transition Program propulsion system into the F–35A aircraft; and (B) begin, not later than fiscal year 2027, activities to retrofit all F–35A aircraft with such propulsion system. (2) An implementation plan to implement such strategy. (3) A schedule annotating pertinent milestones and yearly fiscal resource requirements for the implementation of such strategy.", "id": "HF25A7F391AC44EECAE60406D51CF2F0A", "header": "Adaptive engine transition program acquisition strategy for the F–35A aircraft" }, { "text": "243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft \n(a) In general \nNot later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Navy, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of an advanced propulsion system into F–35B and F–35C aircraft. (b) Elements \nThe report required under subsection (a) shall include the following: (1) An analysis the effects of an advanced propulsion system on the combat effectiveness and sustainment costs of F–35B and F–35C aircraft, including any effects resulting from— (A) increased thrust, fuel efficiency, thermal capacity, and electrical generation; and (B) improvements in acceleration, speed, range, and overall mission effectiveness. (2) An assessment of how the integration of an advanced propulsion system may result in— (A) a reduction in dependency on support assets, including air refueling and replenishment tankers; and (B) an overall cost benefit to the Department from reduced acquisition and sustainment for such support assets. (3) A competitive acquisition strategy (informed by fiscal considerations, the assessment of combat effectiveness under paragraph (1), and consideration of technical limitations)— (A) to integrate an advanced propulsion system into F–35B aircraft and F–35C aircraft; (B) to begin, not later than fiscal year 2027, activities to produce all F–35B aircraft and all F–35C aircraft with such propulsion systems; and (C) to begin, not later than fiscal year 2027, activities to retrofit all F–35B aircraft and all F–35C aircraft with such propulsion systems. (c) Advanced propulsion system defined \nIn this section, term advanced propulsion system means— (1) a derivative of the propulsion system developed for the F–35 aircraft under the Adaptive Engine Transition Program of the Air Force; or (2) a derivative of a propulsion system previously developed for the F–35 aircraft.", "id": "HB2608942C9A444B8B985919550F86E0C", "header": "Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft" }, { "text": "244. Assessment of the development and test enterprise of the Air Force Research Laboratory \n(a) Assessment required \nThe Secretary of the Air Force shall conduct an assessment of the ability of the Air Force Research Laboratory to effectively carry out development and testing activities with respect to the capabilities of the Space Force specific to space access and space operations. (b) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). The report shall include an explanation of— (1) any challenges to the development and testing capabilities of the Air Force Research Laboratory as described subsection (a), including any challenges relating to test activities and infrastructure; (2) any changes to the organizational structure of the Laboratory that may be needed to enable the laboratory to adequately address the missions of both the Space Force and the Air Force generally, and the amount of funding, if any, required to implement such changes; (3) any barriers to the recapitalization of the testing infrastructure of the Laboratory; and (4) the plans of the Secretary to address the issues identified under paragraphs (1) through (3).", "id": "HB96455195AA24D4592B88FBB8C799F5A", "header": "Assessment of the development and test enterprise of the Air Force Research Laboratory" }, { "text": "245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories \n(a) Study required \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a study on the resources and capabilities of the test and evaluation organizations, facilities, and laboratories of the Department of Defense. (2) Participation \nParticipants in the study conducted under paragraph (1) shall include the following: (A) Such members of the Defense Science Board as the Chairman of the Board considers appropriate for the study. (B) Such additional temporary members or contracted support as the Secretary— (i) selects from those recommended by the Chairman for purposes of the study; and (ii) considers to have significant technical, policy, or military expertise relevant to defense test and evaluation missions. (3) Elements \nThe study conducted under paragraph (1) shall include the following: (A) Assessment of the effectiveness of current developmental testing, operational testing, and integrated testing within the Department of Defense in meeting statutory objectives and the test and evaluation requirements of the Adaptive Acquisition Framework. (B) Identification of industry and government best practices for conducting developmental testing, operational testing, and integrated testing. (C) Potential applicability of industry and government best practices for conducting developmental testing, operational testing, and integrated testing within the Department to improve test and evaluation outcomes. (D) Identification of duplication of efforts and other non- or low-value added activities that reduce speed and effectiveness of test and evaluation activities. (E) Assessment of test and evaluation oversight organizations within the Office of the Secretary of Defense, including their authorities, responsibilities, activities, resources, and effectiveness, including with respect to acquisition programs of the military departments and Defense Agencies. (F) Assessment of the research, development, test, and evaluation infrastructure master plan required under section 252 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note). (F) Development and assessment of potential courses of action to improve the effectiveness of oversight of developmental testing, operational testing, and integrated testing activities, and test and evaluation resources within the Office of the Secretary of Defense, including as one such course of action establishing a single integrated office with such responsibilities. (G) Development of such recommendations as the Defense Science Board may have for legislative changes, authorities, organizational realignments, and administrative actions to improve test and evaluation oversight and capabilities, and facilitate better test and evaluation outcomes. (H) Such other matters as the Secretary considers appropriate. (4) Access to information \nThe Secretary of Defense shall provide the Defense Science Board with timely access to appropriate information, data, resources, and analysis so that the Board may conduct a thorough and independent analysis as required under this subsection. (5) Report \n(A) Report of Board \nNot later than one year after the date on which the Secretary of Defense directs the Defense Science Board to conduct the study under paragraph (1), or December 1, 2022, whichever occurs earlier, the Board shall transmit to the Secretary a final report on the study. (B) Submittal to Congress \nNot later than 30 days after the date on which the Secretary of Defense receives the final report under subparagraph (A), the Secretary shall submit to the congressional defense committees such report and such comments as the Secretary considers appropriate. (b) Briefing required \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the schedule and plan to execute activities under this section.", "id": "H2EA3506B18914448806CC1E96D3BDBF7", "header": "Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories" }, { "text": "246. Report on autonomy integration in major weapon systems \n(a) Report required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on activities to resource and integrate autonomy software into appropriate systems to enable the continued operational capability of such systems in GPS-denied environments by fiscal year 2025. (b) Elements \nThe report required under subsection (a) shall include— (1) a list of systems, to be selected by the Secretary of Defense, which can be integrated with autonomy software as described in subsection (a) by fiscal year 2025; (2) timelines for integrating autonomy software into the systems as identified under paragraph (1); (3) funding requirements related to the development, acquisition, and testing of autonomy software for such systems; (4) plans to leverage advanced artificial intelligence technologies, as appropriate, for such systems; (5) plans for ensuring the safety and security of such systems equipped with autonomy software, including plans for testing, evaluation, validation, and verification of such systems; and (6) a list of Department of Defense policies in effect as of the date of the report that would need to be modified or revoked in order to implement the software integration described in subsection (a). (c) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "H7C30F75B3BAB4B519916DD78CF0A25FD", "header": "Report on autonomy integration in major weapon systems" }, { "text": "247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense \n(a) Reports required \nOn an annual basis during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense. Each such report shall include— (1) for each such recommendation, a determination of whether the Secretary of Defense intends to implement the recommendation; (2) in the case of a recommendation the Secretary intends to implement, the intended timeline for implementation, a description of any additional resources or authorities required for such implementation, and the plan for such implementation; (3) in the case of a recommendation the Secretary determines is not advisable or feasible, the analysis and justification of the Secretary in making that determination; and (4) in the case of a recommendation the Secretary determines the Department is already implementing through a separate line of effort, the analysis and justification of the Secretary in making that determination. (b) Briefings required \nNot less frequently than once each year during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) the progress of the Secretary in analyzing and implementing the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense; (2) any programs, projects, or other activities of the Department that are being carried out to advance the recommendations of the Commission; and (3) the amount of funding provided for such programs, projects, and activities.", "id": "H02ECB5ED50A14C1F9C768833E0A1F6E3", "header": "Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense" }, { "text": "301. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.", "id": "HEDAB654F728D47A99742DA2519799F9C", "header": "Authorization of appropriations" }, { "text": "311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents \n(a) National Defense Strategy and defense planning guidance \nSection 113(g) of title 10, United States Code, is amended— (1) in paragraph (1)(B)— (A) in clause (ii), by striking actors, and inserting actors, and the current or projected threats to military installation resilience, ; and (B) by inserting after clause (ix), the following new clause: (x) Strategic goals to address or mitigate the current and projected risks to military installation resilience. ; and (2) in paragraph (2)(A), in the matter preceding clause (i), by striking priorities, and inserting priorities, including priorities relating to the current or projected risks to military installation resilience,. (b) National defense sustainment and logistics review \n(1) In general \nThe first section 118a of such title is amended— (A) in subsection (a), by striking capabilities, and inserting capabilities, response to risks to military installation resilience, ; (B) by redesignating such section, as amended by subparagraph (A), as section 118b; and (C) by moving such section so as to appear after section 118a. (2) Clerical and conforming amendments \n(A) Clerical amendments \nThe table of sections for chapter 2 of such title is amended— (i) by striking the first item relating to section 118a; and (ii) by inserting after the item relating to section 118a the following new item: 118b. National Defense Sustainment and Logistics Review.. (B) Conforming amendment \nSection 314(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking section 118a and inserting section 118b. (c) Chairman’s risk assessment \nSection 153(b)(2)(B) of title 10, United States Code, is amended by inserting after clause (vi) the following new clause: (vii) Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.. (d) Strategic decisions relating to military installations \nThe Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the strategic risks associated with military installation resilience. (e) National Defense Strategy and National Military Strategy \nThe Secretary of Defense, in coordination with the heads of such other Federal agencies as the Secretary determines appropriate, shall incorporate the security implications of military installation resilience into the National Defense Strategy and the National Military Strategy. (f) National security planning documents \nThe Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security implications associated with military installation resilience in developing the Defense Planning Guidance under section 113(g)(2) of title 10, United States Code, the Risk Assessment of the Chairman of the Joint Chiefs of Staff under section 153(b)(2) of such title, and other relevant strategy, planning, and programming documents and processes. (g) Campaign plans of combatant commands \nThe Secretary of Defense shall ensure that the national security implications associated with military installation resilience are integrated into the campaign plans of the combatant commands. (h) Report on security implications associated with military installation resilience \n(1) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing how the aspects of military installation resilience have been incorporated into modeling, simulation, war-gaming, and other analyses by the Department of Defense. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (i) Modification to annual report related to installations energy management, energy resilience, and mission assurance and readiness \n(1) Modification \nSection 2925(a) of title 10, United States Code, is amended— (A) by redesignating paragraph (8) as paragraph (10); and (B) by inserting after paragraph (7) the following new paragraphs: (8) A description of the effects on military readiness, and an estimate of the financial costs to the Department of Defense, reasonably attributed to adverse impacts to military installation resilience during the year preceding the submission of the report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities of the Department. (9) An assessment of vulnerabilities to military installation resilience.. (2) Use of assessment tool \nThe Secretary shall use the Climate Vulnerability and Risk Assessment Tool of the Department (or such successor tool) in preparing each report under section 2925(a) of title 10, United States Code (as amended by paragraph (1)). (j) Definitions \nIn this section: (1) The term military installation resilience has the meaning given that term in section 101(e) of title 10, United States Code. (2) The term National Defense Strategy means the national defense strategy under section 113(g)(1) of such title. (3) The term National Military Strategy means the national military strategy under section 153(b) of such title.", "id": "HE4A5FF548C764E1C9BD35D1AAF3198BD", "header": "Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents" }, { "text": "312. Energy efficiency targets for Department of Defense data centers \n(a) Energy efficiency targets for data centers \n(1) In general \nSubchapter I of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section: 2921. Energy efficiency targets for data centers \n(a) Covered data centers \n(1) For each covered data center, the Secretary of Defense shall— (A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals; (D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and (E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C). (2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy. (3) In this subsection, the term covered data center means a data center of the Department of Defense that— (A) is one of the 50 data centers of the Department with the highest annual power usage rates; and (B) has been established before the date of the enactment of this section. (b) New data centers \n(1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include— (A) power usage effectiveness standards; (B) water usage effectiveness standards; and (C) any other energy or resiliency standards the Secretary determines are appropriate. (2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary— (A) determines that such waiver is in the national security interest of the United States; and (B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.. (2) Clerical amendment \nThe table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2920 the following new item: 2921. Energy efficiency targets for data centers.. (b) Inventory of data facilities \n(1) Inventory required \nBy not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an inventory of all data centers owned or operated by the Department of Defense. Such survey shall include the following: (A) A list of data centers owned or operated by the Department of Defense. (B) For each such data center, the earlier of the following dates: (i) The date on which the data center was established. (ii) The date of the most recent capital investment in new power, cooling, or compute infrastructure at the data center. (C) The total average annual power use, in kilowatts, for each such data center. (D) The number of data centers that measure power usage effectiveness and, for each such data center, the power usage effectiveness for the center. (E) The number of data centers that measure water usage effectiveness and, for each such data center, the water usage effectiveness for the center. (F) A description of any other existing energy efficiency or efficient water usage metrics used by any data center and the applicable measurements for any such center. (G) An assessment of the facility resiliency of each data center, including redundant power and cooling facility infrastructure. (H) Any other matters determined relevant by the Secretary. (c) Report \nNot later than 180 days after the completion of the inventory required under subsection (b), the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives a report on the inventory and the energy assessment targets under section 2921(a) of title 10, United States Code, as added by subsection (a). Such report shall include the following: (1) A timeline of necessary actions required to meet the energy assessment targets for covered data centers. (2) The estimated costs associated with meeting such targets. (3) An assessment of the business case for meeting such targets, including any estimated savings in operational energy and water costs and estimated reduction in energy and water usage if the targets are met. (4) An analysis of any statutory, regulatory, or policy barriers to meeting such targets identified pursuant to section 2921(a)(E) of title 10, United States Code, as added by subsection (a). (d) Data center defined \nIn this section, the term data center has the meaning given such term in the most recent Integrated Data Collection guidance of the Office of Management and Budget.", "id": "H7377F2D77E294620A5DAE85FF0118994", "header": "Energy efficiency targets for Department of Defense data centers" }, { "text": "2921. Energy efficiency targets for data centers \n(a) Covered data centers \n(1) For each covered data center, the Secretary of Defense shall— (A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals; (D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and (E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C). (2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy. (3) In this subsection, the term covered data center means a data center of the Department of Defense that— (A) is one of the 50 data centers of the Department with the highest annual power usage rates; and (B) has been established before the date of the enactment of this section. (b) New data centers \n(1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include— (A) power usage effectiveness standards; (B) water usage effectiveness standards; and (C) any other energy or resiliency standards the Secretary determines are appropriate. (2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary— (A) determines that such waiver is in the national security interest of the United States; and (B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.", "id": "H4D5F04019E96436F9D811E15F5A011F4", "header": "Energy efficiency targets for data centers" }, { "text": "313. Grants for maintaining or improving military installation resilience \nSection 2391 of title 10, United States Code, is amended— (1) in subsection (b)(5), by adding at the end the following new subparagraph: (D) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to assist a State or local government in planning, enhancing infrastructure, and implementing measures and projects (to include resilience measures and projects involving the protection, restoration, and maintenance of natural features) that, as determined by the Secretary of Defense, will contribute to maintaining or improving military installation resilience or will prevent or mitigate encroachment that could affect operations of the Department of Defense. ; and (2) in subsection (e)(1), by striking subsection (b)(1)(D) and inserting paragraphs (1)(D) and (E) and (5)(D) of subsection (b) and subsection (d).", "id": "H4FCBBF009EB8424FBF664ADAC28A558B", "header": "Grants for maintaining or improving military installation resilience" }, { "text": "314. Maintenance of current analytical tools in evaluating energy resilience measures \n(a) In general \nSection 2911 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Assessment of life-cycle costs and performance of potential energy resilience projects \n(1) Subject to the availability of appropriations, the Secretary of Defense shall develop and institute a process to ensure that the Department of Defense, when evaluating energy resilience measures, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures. (2) Analytical tools used under paragraph (1) shall be— (A) designed to— (i) provide an accurate projection of the costs and performance of the energy resilience measure being analyzed; (ii) be used without specialized training; and (iii) produce resulting data that is understandable and usable by the typical source selection official; (B) consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry; (C) adaptable to accommodate a rapidly changing technological environment; (D) peer reviewed for quality and precision and measured against the highest level of development for such tools; and (E) periodically reviewed and updated, but not less frequently than once every three years.. (b) Reporting requirement \nIf amounts are appropriated to carry out the requirements under subsection (i) of section 2911 of title 10, United States Code, as added by subsection (a), not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the execution by the Secretary of such requirements.", "id": "HB4F373CF9A144573B14F626674A55D4D", "header": "Maintenance of current analytical tools in evaluating energy resilience measures" }, { "text": "315. Authority to transfer amounts derived from energy cost savings \nSection 2912 of title 10, United States Code, is amended— (1) in subsection (a), by striking until expended and inserting for that fiscal year and the succeeding fiscal year ; and (2) by adding at the end the following new subsection: (e) Transfer of amounts \n(1) The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation to other funding accounts of the Department of Defense if the purpose for which such amounts will be used is a purpose specified in subsection (b) or (c). (2) Amounts transferred to a funding account of the Department under paragraph (1) shall be available for obligation for the same period as amounts in that account. (3) At the end of each fiscal year, the Secretary of Defense shall submit to Congress a report detailing any funds transferred pursuant to paragraph (1) during that fiscal year, including a detailed description of the purpose for which such amounts have been used..", "id": "H1DD48139A5FF42D785A209395919DE5E", "header": "Authority to transfer amounts derived from energy cost savings" }, { "text": "316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States \nSection 317(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2701 note) is amended by adding at the end the following new paragraphs: (3) Exemption authority for certain locations \n(A) In general \nThe Secretary may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount interest of the United States to do so. (B) Nondelegation \nThe Secretary may not delegate the authority under subparagraph (A). (4) Reporting requirement for location exemptions \n(A) In general \nNot later than 30 days after granting an exemption pursuant to paragraph (3)(A) with respect to the use of an open-air burn pit at a location, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report that identifies— (i) the location of the open-air burn pit; (ii) the number of personnel of the United States assigned to the location where the open-air burn pit is being used; (iii) the size and expected duration of use of the open-air burn pit; (iv) the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when airborne hazards are present, including how such equipment will be provided when required; and (v) the need for the open-air burn pit and rationale for granting the exemption. (B) Form \nA report submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex..", "id": "HF21FFBF8ADD54266AB4376109EB443C6", "header": "Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States" }, { "text": "317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience \n(a) In general \nSection 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note) is amended— (1) in subsection (a), in the first sentence, by inserting and restore after to preserve ; (2) in subsection (c)— (A) by inserting resilience, after benefit of conservation, ; and (B) by inserting , resilience, after land management ; (3) in subsection (d), in the second sentence, by inserting by an eligible landowner or agricultural producer after Participation ; (4) by redesignating subsection (e) as subsection (f); (5) by inserting after subsection (d) the following new subsection (e): (e) Participation by other agencies \nOther Federal agencies with programs addressing conservation or resilience may, and are encouraged to— (1) participate in the activities of the Sentinel Landscapes Partnership; and (2) become full partners in the Sentinel Landscapes Partnership. ; and (6) in subsection (f), as redesignated by paragraph (4), by adding at the end the following new paragraph: (4) Resilience \nThe term resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfire, or other anticipated or unanticipated changes in environmental conditions.. (b) Inclusion of program information in certain annual reports \nSection 2684a(g)(2) of title 10, United States Code, is amended— (1) by redesignating subparagraph (E) as subparagraph (F); and (2) by inserting after subparagraph (D) the following new subparagraph: (E) Information concerning the activities undertaken pursuant to the Sentinel Landscapes Partnership established under section 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note).. (c) Conservation and cultural activities \nSection 2694 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting or involves a sentinel landscape before the semicolon; and (ii) in subparagraph (B), by inserting or that would contribute to maintaining or improving military installation resilience before the semicolon; and (B) in paragraph (2)— (i) in subparagraph (A), by inserting or nature-based climate resilience plans before the period; and (ii) in subparagraph (F)— (I) in clause (i)— (aa) by striking single ecosystem that encompasses and inserting “single ecosystem— (I) that encompasses ; (bb) by redesignating clause (ii) as subclause (II) and moving such subclause, as so redesignated, two ems to the right; and (cc) in subclause (II), as redesignated by item (bb), by striking the period at the end and inserting ; or ; and (II) by adding at the end the following new clause (ii): (ii) for one or more ecosystems within a sentinel landscape. ; and (2) by adding at the end the following new subsection: (e) Sentinel landscape defined \nIn this section, the term sentinel landscape has the meaning given that term in section 317(f) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note)..", "id": "H2A6B6CC59E9E43F7AB248EADCE9F9576", "header": "Expansion of purposes of Sentinel Landscapes Partnership program to include resilience" }, { "text": "318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i \n(a) Sense of Congress \nIn order to fully effectuate national security, assure the maximum safe utilization of the Red Hill Bulk Fuel Storage Facility in Honolulu, Hawai‘i, and fully address concerns as to potential impacts of the facility on public health, it is the sense of Congress that the Secretary of the Navy and the Defense Logistics Agency should— (1) operate and maintain the Red Hill Bulk Fuel Storage Facility to the highest standard possible; and (2) require safety inspections to be conducted more frequently based on the corrosion rate of the piping and overall condition of the pipeline system and support equipment at the facility. (b) Inspection requirement \n(1) Inspection required \nThe Secretary of the Navy shall direct the Naval Facilities Engineering Command to conduct an inspection of the pipeline system, supporting infrastructure, and appurtenances, including valves and any other corrosion prone equipment, at the Red Hill Bulk Fuel Storage Facility. (2) Inspection agent; standards \nThe inspection required by this subsection shall be performed— (A) by an independent American Petroleum Institute certified inspector who will present findings of the inspection and options to the Secretary of the Navy for improving the integrity of the Red Hill Bulk Fuel Storage Facility and its appurtenances; and (B) in accordance with the Unified Facilities Criteria (UFC-3-460-03) and American Petroleum Institute 570 inspection standards. (3) Exception \nThe inspection required by this subsection excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility. (c) Life-cycle sustainment plan \nIn conjunction with the inspection required by subsection (b), the Naval Facilities Engineering Command shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel Storage Facility, which shall consider the current condition and service life of the tanks, pipeline system, and support equipment. (d) Consideration of alternatives to Red Hill Bulk Fuel Storage Facility \nThe Secretary of Defense shall conduct an assessment of possible alternatives to the Red Hill Bulk Fuel Storage Facility for bulk fuel storage, including consideration of at least three locations outside of the State of Hawai‘i. The assessment shall be based on the overall requirement to support the fuel requirements of the Pacific Fleet, the costs and timeline for recapitalization of the Red Hill Bulk Fuel Storage Facility to the standards delineated in subsection (b)(2)(B), and the costs and timeline to establish an alternative location for secure bulk fuel storage. (e) Reporting requirement \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing— (1) the results of the independent inspection of the Red Hill Bulk Fuel Storage Facility conducted under subsection (b); (2) the life-cycle sustainment plan prepared by the Naval Facilities Engineering Command under subsection (c); (3) the results of the assessment conducted by the Secretary under subsection (d) of possible alternatives to the Red Hill Bulk Fuel Storage Facility; and (4) options on improving the security and maintenance of the Red Hill Bulk Fuel Storage Facility.", "id": "H376FF7CE35024F27970C4DC7BD94178A", "header": "Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i" }, { "text": "319. Energy, water, and waste net-zero requirement for major military installations \n(a) Requirement \nThe Secretary of Defense shall improve military installation efficiency, performance, and management by ensuring that at least 10 percent of major military installations achieve energy net-zero and water or waste net-zero by fiscal year 2035. (b) Study on requirement \n(1) Study \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall seek to enter into a contract with a federally funded research and development center to carry out a study on the net-zero requirement specified in subsection (a) that assesses, at a minimum, the following: (A) Potential methods or strategies to achieve such requirement by the fiscal year 2035 deadline. (B) The resiliency of major military installations subject to such requirement with respect to grid or other utility disruptions. (C) The life-cycle costs related to such requirement. (D) Computation methods for determining such life-cycle costs. (E) Such other matters as the federally funded research and development center carrying out the study determines appropriate. (2) Deadline \nThe study under paragraph (1) shall be completed by not later than February 1, 2023. (3) Briefing \nUpon completion of the study under paragraph (1), the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the findings of the study. (c) Status report and briefings on progress toward meeting current goal regarding use of renewable energy to meet facility energy needs \n(1) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the progress the Secretary has made toward meeting the goal described in section 2911(g)(1)(A) of title 10, United States Code, with respect to fiscal year 2025. (2) Briefings \nDuring fiscal year 2022 and each succeeding fiscal year through fiscal year 2025, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the progress the Secretary has made toward meeting the goal described in section 2911(g)(1)(A) of title 10, United States Code, with respect to fiscal year 2025. (d) Major military installation defined \nIn this section, the term major military installation has the meaning given to the term large site in the most recent version of the Department of Defense Base Structure Report issued before the date of the enactment of this Act.", "id": "H56A2AA39D31B4FB284FC38DF2276030D", "header": "Energy, water, and waste net-zero requirement for major military installations" }, { "text": "320. Demonstration program on domestic production of rare earth elements from coal byproducts \n(a) Demonstration program required \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a demonstration program on recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts. (b) Partnership \nIn carrying out the demonstration program required by subsection (a), the Secretary shall seek to enter into a partnership with one or more institutions of higher education that can demonstrate techniques for recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts, as the Secretary considers applicable. (c) Elements \nThe demonstration program required by subsection (a) shall address the following: (1) The efficacy of separating rare earth elements and critical minerals from acid mine drainage. (2) The feasibility of bringing such technology to commercialized scale. (3) Domestic locations that are appropriate for the deployment of such technology. (4) The ability of such technology to meet the requirements of the defense industrial base to supplement the rare earth element and critical mineral needs of the Department of Defense. (d) Duration \nThe demonstration program required by subsection (a) shall be carried out during the one-year period beginning on the date of the commencement of the demonstration program. (e) Briefing \nNot later than 120 days after the date of the completion of the demonstration program required by subsection (a), the Secretary and the program manager of the institute of higher education with whom the Secretary partners pursuant to subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the elements of the demonstration program set forth under subsection (c).", "id": "H34D625C2A840451A9B49C0E8597760B0", "header": "Demonstration program on domestic production of rare earth elements from coal byproducts" }, { "text": "321. Long-duration demonstration initiative and joint program \n(a) Establishment of initiative \nNot later than March 1, 2022, the Secretary of Defense shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies. (b) Selection of projects \nTo the maximum extent practicable, in selecting demonstration projects to participate in the demonstration initiative under subsection (a), the Secretary of Defense shall— (1) ensure a range of technology types; (2) ensure regional diversity among projects; and (3) consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications. (c) Joint program \n(1) Establishment \nAs part of the demonstration initiative under subsection (a), the Secretary of Defense, in consultation with the Secretary of Energy, shall establish within the Department of Defense a joint program to carry out projects— (A) to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and (B) to help new, innovative long-duration energy storage technologies become commercially viable. (2) Memorandum of understanding \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a memorandum of understanding with the Secretary of Energy to administer the joint program. (3) Infrastructure \nIn carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall— (A) use existing test-bed infrastructure at— (i) installations of the Department of Defense; and (ii) facilities of the Department of Energy; and (B) develop new infrastructure for identified projects, if appropriate. (4) Goals and metrics \nThe Secretary of Defense and the Secretary of Energy shall develop goals and metrics for technological progress under the joint program consistent with energy resilience and energy security policies. (5) Selection of projects \n(A) In general \nTo the maximum extent practicable, in selecting projects to participate in the joint program, the Secretary of Defense and the Secretary of Energy may— (i) ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and (ii) ensure an appropriate balance of— (I) larger, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and (II) smaller, lower-cost projects. (B) Priority \nIn carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall give priority to demonstration projects that— (i) make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and (ii) will be carried out as field demonstrations fully integrated into the installation grid at an operational scale.", "id": "HDE5AF3324C674D418632215F75860148", "header": "Long-duration demonstration initiative and joint program" }, { "text": "322. Pilot program to test new software to track emissions at certain military installations \n(a) In general \nThe Secretary of Defense may conduct a pilot program (to be known as the Installations Emissions Tracking Program ) to evaluate the feasibility and effectiveness of software and emerging technologies and methodologies to track real-time emissions from military installations and installation assets. (b) Goals \nThe goals of the Installations Emissions Tracking Program shall be— (1) to evaluate the capabilities of software and emerging technologies and methodologies to effectively track emissions in real time; and (2) to reduce energy costs and increase efficiencies. (c) Locations \nIf the Secretary conducts the Installations Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located in different geographical regions of the United States.", "id": "HCC1A0631585B48528328ADA56AA8321E", "header": "Pilot program to test new software to track emissions at certain military installations" }, { "text": "323. Department of Defense plan to reduce greenhouse gas emissions \n(a) Plan required \nNot later than September 30, 2022, the Secretary of Defense shall submit to Congress a plan to reduce the greenhouse gas emissions of the Department of Defense. (b) Briefings \nThe Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate annual briefings on the progress of the Department of Defense toward meeting science-based emissions targets in the plan required by subsection (a).", "id": "HA1A01D0FA9474C8F9F0BF684117CDE69", "header": "Department of Defense plan to reduce greenhouse gas emissions" }, { "text": "331. Definitions \nIn this subtitle: (1) The terms climate resilience and extreme weather have the meanings given such terms in section 101(a) of title 10, United States Code, as amended by section 332. (2) The term climate security has the meaning given such term in the second subsection (e) of section 120 of the National Security Act of 1947 ( 50 U.S.C. 3060(e) ). (3) The term military installation resilience has the meaning given such term in section 101(e) of title 10, United States Code.", "id": "H05422A159B09449A9EE993C2DE412FA5", "header": "Definitions" }, { "text": "332. Climate Resilience Infrastructure Initiative of the Department of Defense \n(a) Climate Resilience Infrastructure Initiative \nChapter 136 of title 10, United States Code, is amended by adding at the end the following new section: 2285. Department of Defense Climate Resilience Infrastructure Initiative \n(a) Designation \nThe programs, practices, and activities carried out pursuant to this section shall be known collectively as the Climate Resilience Infrastructure Initiative of the Department of Defense. (b) Hardening and quick recovery \nIn carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather. (d) Sustainment and modernization \nThe Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience. (e) Collaboration in planning with local communities \nThe Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather. (f) Testing and training range lands \n(1) Practices for sustainment of lands \nThe Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes. (2) Training and education on sustainment of lands \nThe Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1). (3) Investment in resilience of lands \nThe Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term. (b) Use of certain technologies \nThe Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2285. Department of Defense Climate Resilience Infrastructure Initiative.. (c) Definitions \nSection 101(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs: (19) The term climate resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from, extreme weather, or from anticipated or unanticipated changes in environmental conditions, that do (or have the potential to) adversely affect the national security of the United States or of allies and partners of the United States. (20) The term extreme weather means recurrent flooding, drought, desertification, wildfires, thawing permafrost, sea level fluctuation, changes in mean high tides, or any other weather-related event, or anticipated change in environmental conditions, that present (or are projected to present) a recurring annual threat to the climate security of the United States or of allies and partners of the United States..", "id": "H148C8571F0A040F3B66A738756B7498B", "header": "Climate Resilience Infrastructure Initiative of the Department of Defense" }, { "text": "2285. Department of Defense Climate Resilience Infrastructure Initiative \n(a) Designation \nThe programs, practices, and activities carried out pursuant to this section shall be known collectively as the Climate Resilience Infrastructure Initiative of the Department of Defense. (b) Hardening and quick recovery \nIn carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather. (d) Sustainment and modernization \nThe Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience. (e) Collaboration in planning with local communities \nThe Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather. (f) Testing and training range lands \n(1) Practices for sustainment of lands \nThe Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes. (2) Training and education on sustainment of lands \nThe Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1). (3) Investment in resilience of lands \nThe Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term. (b) Use of certain technologies \nThe Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment.", "id": "H33C7FAF5CC3A414590238E564CA28858", "header": "Department of Defense Climate Resilience Infrastructure Initiative" }, { "text": "333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base \nSection 2504(3)(B) of title 10, United States Code, is amended by inserting (including vulnerabilities related to the current and projected impacts of extreme weather and to cyber attacks or disruptions) after industrial base.", "id": "H5DB2F52848824B8486BA0A4C173DE0B7", "header": "Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base" }, { "text": "334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense \n(a) Climate challenges and climate resilience in key processes of Department of Defense \nThe Secretary of Defense shall direct that the acquisition, budget planning and execution, infrastructure planning and sustainment, force development, engagement strategy development, security assistance, and other core processes of the Department of Defense fully consider and make needed adjustments to account for current and emerging climate and environmental challenges and to ensure the climate resilience of assets and capabilities of the Department, to include cost effectiveness over the life cycle of the investment weighed against threat reduction. (b) Climate resilience mission impact assessment \n(1) In general \nThe Secretary shall conduct a mission impact assessment on climate resilience for the Department. (2) Elements \nThe assessment conducted under paragraph (1) shall include the following: (A) An assessment of the direct impacts of extreme weather on the deployment and operations of the Armed Forces, and the manner in which extreme weather may impact the requirements of the commanders of the combatant commands in the respective areas of responsibility of such commanders, including— (i) an assessment of the evolving posture of peer competitors and impacts to deployment and operations of peer competitors due to extreme weather; (ii) an assessment of the impacts of expanding requirements for Department humanitarian assistance and disaster response due to extreme weather; (iii) a threat assessment of the impacts of extreme weather, drought, and desertification on regional stability; (iv) an assessment of risks to home station strategic and operational support area readiness, including the strategic highway network, the strategic rail network, and strategic air and sea ports; and (v) the development of standards for data collection to assist decision-making processes for research, development, and acquisition priorities for installation and infrastructure resilience to extreme weather. (B) A long-term strategic plan, including war games and exercises, centered on climate-driven crises, and a long-term assessment of climate security by the Office of Net Assessment of the Department. (C) A review outlining near-term and long-term needs for research, development, and deployment for equipment and other measures required to assure the resilience of the assets and capabilities of the Department and each component thereof, and of key elements of the defense industrial base and supporting transportation networks, to the impacts of extreme weather. (c) Reports \n(1) In general \nNot later than one year after the date of the enactment of this Act, and every five years thereafter, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the broader strategic and operational impacts of extreme weather on the Department, measures to address such impacts, and progress in implementing new technologies and platforms, training and education methods, and data collection and dissemination for each military department to meet the respective mission requirements of the department. (2) Research, development, and deployment needs \nEach report required by paragraph (1) shall identify research, development, and deployment needs for each combatant command and functional command.", "id": "H73FC9DDD51DC4F6A95CB745EA870B75A", "header": "Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense" }, { "text": "335. Assessment of climate risks to infrastructure of Department of Defense \n(a) In general \nThe Secretary of Defense shall direct the Secretary of each military department to— (1) assess the vulnerability of installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, to the current and projected impacts of extreme weather, using vulnerability and risk assessment tools chosen or developed pursuant to section 326 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1310); (2) assess the infrastructure required for successful operation of such installations and facilities in response to any such vulnerabilities and ensure the military installation resilience of such installations and facilities; and (3) develop installation-specific plans pursuant to section 2864(c) of title 10, United States Code, and similar plans for State-owned National Guard installations, to address such vulnerabilities. (b) Facility assessment \nIn carrying out subsection (a), the Secretary of each military department shall determine the needs of the military installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, based on the level of risks posed by the current and projected impacts of extreme weather, the likelihood of such risks, and the role of such installations and facilities in maintaining overall readiness and operational capability. (c) Considerations \nIn carrying out the assessments and developing the plans required under this section, the Secretary of Defense shall ensure that the cost effectiveness over the life-cycle of the investment, and the feasibility of solutions and technologies, are considered.", "id": "H6966B3BC556045FDBE3F69A60E990156", "header": "Assessment of climate risks to infrastructure of Department of Defense" }, { "text": "341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances \n(a) In general \nChapter 160 of title 10, United States Code, is amended by adding at the end the following new sections: 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force \n(a) In general \nThe Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ). (b) Membership \nThe members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) The Assistant Secretary of Defense for Health Affairs. (c) Chairman \nThe Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force. (d) Support \nThe Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties \nThe duties of the PFAS Task Force are the following: (1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. (2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances. (3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report \nNot later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (g) Definitions \nIn this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard \n(a) In general \nNot later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Determination of contamination \nTesting conducted under subsection (a) at a military installation or facility of the National Guard shall determine— (1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and (2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. (c) Additional response actions \nTesting conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. (d) Type of testing \nWhen testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (e) Definitions \nIn this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of this title. (2) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given such terms in section 2714 of this title.. (b) Clerical amendment \nThe table of sections for such chapter is amended by adding at the end the following new items: 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard.. (c) Reports on status of testing \n(1) Submission \nFor each of fiscal years 2022 through 2024, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the status of the testing conducted under section 2715(a) of title 10, United States Code (as added by subsection (a)), during such year. (2) Matters \nEach report submitted under paragraph (1) shall identify, with respect to testing conducted under such section 2715(a)— (A) each military installation or facility where testing has been completed; (B) each military installation or facility where testing has not yet been completed; (C) the projected completion date for testing at military installations or facilities where testing has not yet been completed; (D) the results of testing at military installations or facilities where testing has been completed; and (E) the actions planned, and the projected timelines for such actions, for each military installation or facility to address contamination by a perfluoroalkyl substance or polyfluoroalkyl substance. (3) Timing \nEach report under paragraph (1) shall be submitted not later than January 1 of the fiscal year immediately following the fiscal year covered by the report. (4) Limitation on delegation \nThe Secretary may delegate the responsibility for preparing the reports required by paragraph (1) only to the Deputy Secretary of Defense. (5) Definitions \nIn this subsection, the terms military installation , perfluoroalkyl substance , and polyfluoroalkyl substance have the meanings given such terms in section 2715 of title 10, United States Code (as added by subsection (a)).", "id": "H27713574AF7C4AE080C8EF9E82E1D3F9", "header": "Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances" }, { "text": "2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force \n(a) In general \nThe Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ). (b) Membership \nThe members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) The Assistant Secretary of Defense for Health Affairs. (c) Chairman \nThe Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force. (d) Support \nThe Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties \nThe duties of the PFAS Task Force are the following: (1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. (2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances. (3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report \nNot later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (g) Definitions \nIn this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.", "id": "HC61CE1894BCC4D54B9B28F41AEBA44B3", "header": "Perfluoroalkyl substances and polyfluoroalkyl substances task force" }, { "text": "2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard \n(a) In general \nNot later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Determination of contamination \nTesting conducted under subsection (a) at a military installation or facility of the National Guard shall determine— (1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and (2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. (c) Additional response actions \nTesting conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. (d) Type of testing \nWhen testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (e) Definitions \nIn this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of this title. (2) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given such terms in section 2714 of this title.", "id": "HC9BBBC097F9C4BE4B37ECFD679253B6B", "header": "Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard" }, { "text": "342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry \nSection 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1307), and section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking fiscal years 2019, 2020, and 2021 and inserting fiscal years 2019 through 2023.", "id": "H6B2F6A0C35B14B99B6DABAC94DA9F085", "header": "Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry" }, { "text": "343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam \n(a) Temporary moratorium \nBeginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following: (1) The date on which the Secretary issues guidance implementing— (A) the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 ( 15 U.S.C. 8961 ); and (B) section 330 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note). (2) The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register a final rule regarding the destruction and disposal of such materials pursuant to such section. (b) Required adoption of final rule \nUpon publication of the final rule specified in subsection (a)(2), the Secretary shall adopt such final rule, regardless of whether the Secretary previously implemented the interim guidance specified in subsection (a)(1)(A). (c) Report \nNot later than one year after the enactment of this Act, and annually thereafter for three years, the Secretary shall submit to the Administrator and the Committees on Armed Services of the Senate and the House of Representatives a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including— (1) the total amount of covered materials incinerated; (2) the temperature range specified in the permit where the covered materials were incinerated; (3) the locations and facilities where the covered materials were incinerated; (4) details on actions taken by the Department of Defense to implement section 330 of the National Defense Authorization Act for Fiscal Year 2020; and (5) recommendations for the safe storage of PFAS and PFAS-containing materials prior to destruction and disposal. (d) Scope \nThe prohibition in subsection (a) and reporting requirements in subsection (c) shall apply not only to materials sent directly by the Department of Defense to an incinerator, but also to materials sent to another entity or entities, including any waste processing facility, subcontractor, or fuel blending facility, prior to incineration. (e) Definitions \nIn this section: (1) The term AFFF means aqueous film forming foam. (2) The term covered material means any AFFF formulation containing PFAS, material contaminated by AFFF release, or spent filter or other PFAS-contaminated material resulting from site remediation or water filtration that— (A) has been used by the Department of Defense or a military department; (B) is being discarded for disposal by the Department of Defense or a military department; or (C) is being removed from sites or facilities owned or operated by the Department of Defense. (3) The term PFAS means per- or polyfluoroalkyl substances.", "id": "H7BFE53B05D3D42CBB30D29B7D9D91064", "header": "Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam" }, { "text": "344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam \n(a) Review required \nNot later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of the efforts of the Department of Defense to prevent or mitigate spills of aqueous film-forming foam (in this section referred to as AFFF ). Such review shall assess the following: (1) The preventative maintenance guidelines for fire trucks of the Department and fire suppression systems in buildings of the Department, to mitigate the risk of equipment failure that may result in a spill of AFFF. (2) Any requirements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity of the Department that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment. (3) The methods by which the Secretary ensures compliance with guidance specified in material safety data sheets with respect to the use of such personal protective equipment. (b) Guidance \nNot later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance on the prevention and mitigation of spills of AFFF based on the results of such review that includes, at a minimum, best practices and recommended requirements to ensure the following: (1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity of the Department of Defense that may result in such a spill. (2) The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities for the Department in the vicinity of such drains or basins. (3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1). (c) Briefing \nNot later than 30 days after the date on which the Secretary issues the guidance under subsection (b), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (b).", "id": "HC6A11A21CF374D07BC23D9FDA2B03AAA", "header": "Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam" }, { "text": "345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances \n(a) Public disclosure of results \n(1) In general \nExcept as provided in paragraph (2), not later than 20 days after the receipt of a final result of testing water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS ) in a covered area, the Secretary of Defense shall publicly disclose such final result, including— (A) the results of all such testing conducted in the covered area by the Department of Defense; and (B) the results of all such testing conducted in the covered area by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department of Defense. (2) Consent by private property owners \nThe Secretary of Defense may not publicly disclose the results of testing for perfluoroalkyl or polyfluoroalkyl substances conducted on private property without the consent of the property owner. (b) Public disclosure of planned testing of water \nNot later than 180 days after the date of the enactment of the Act, and every 90 days thereafter, the Secretary of Defense shall publicly disclose the anticipated timeline for, and general location of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances proposed to be conducted in a covered area, including— (1) all such testing to be conducted by the Department of Defense; and (2) all such testing to be conducted by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department. (c) Nature of disclosure \nThe Secretary of Defense may satisfy the disclosure requirements under subsections (a) and (b) by publishing the results and information referred to in such subsections— (1) on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C 2701 note); (2) on another publicly available website of the Department of Defense; or (3) in the Federal Register. (d) Local notification \nPrior to conducting any testing of water for perfluoroalkyl or polyfluoroalkyl substances, including any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice of the testing to— (1) the managers of the public water system serving the covered area where such testing is to occur; (2) the heads of the municipal government serving the covered area where such testing is to occur; and (3) as applicable, the members of the restoration advisory board for the military installation where such testing is to occur. (e) Methods for testing \nIn testing water for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall adhere to methods for measuring the amount of such substances in drinking water that have been validated by the Administrator of the Environmental Protection Agency. (f) Definitions \nIn this section: (1) The term covered area means an area in the United States that is located immediately adjacent to and down gradient from a military installation, a formerly used defense site, or a facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code. (2) The term formerly used defense site means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the Environmental Restoration Account, Formerly Used Defense Sites account established under section 2703(a)(5) of title 10, United States Code. (3) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (4) The term perfluoroalkyl or polyfluoroalkyl substance means any man-made chemical with at least one fully fluorinated carbon atom. (5) The term public water system has the meaning given such term under section 1401(4) of the Safe Drinking Water Act ( 42 U.S.C. 300f(4) ). (6) The term restoration advisory board means a restoration advisory board established pursuant to section 2705(d) of title 10, United States Code.", "id": "H24E2C8B8282D40848E11048231B4B489", "header": "Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances" }, { "text": "346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam \n(a) Review required \nNot later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of mutual support agreements entered into with non-Department of Defense entities (including State and local entities) that involve fire suppression activities in support of missions of the Department. (b) Matters \nThe review under subsection (a) shall assess, with respect to the agreements specified in such subsection, the following: (1) The preventative maintenance guidelines specified in such agreements for fire trucks and fire suppression systems, to mitigate the risk of equipment failure that may result in a spill of aqueous film-forming foam (in this section referred to as AFFF ). (2) Any requirements specified in such agreements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity pursuant to the agreement that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment. (3) The methods by which the Secretary, or the non-Department entity with which the Secretary has entered into the agreement, ensures compliance with guidance specified in the agreement with respect to the use of such personal protective equipment. (c) Guidance \nNot later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance (based on the results of such review) on requirements to include under the agreements specified in such subsection, to ensure the prevention and mitigation of spills of AFFF. Such guidance shall include, at a minimum, best practices and recommended requirements to ensure the following: (1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity carried out pursuant to such an agreement that may result in such a spill. (2) The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities pursuant to such an agreement in the vicinity of such drains or basins. (3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1). (d) Briefing \nNot later than 30 days after the date on which the Secretary issues the guidance under subsection (c), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (c).", "id": "HF58B51A002B74D8AB08B390798BD7892", "header": "Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam" }, { "text": "347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances \n(a) Study \nThe Comptroller General of the United States shall conduct a study on the procurement by the Department of Defense of certain items that contain covered PFAS substances. (b) Elements \nIn conducting the study under subsection (a), the Comptroller General shall assess the following: (1) The extent to which information is available to the Department of Defense regarding the presence of covered PFAS substances in the items procured by the Department. (2) The challenges, if any, that exist in identifying the presence of covered PFAS substances in the items the Department procures, including whether there are certain categories of items that are more readily identified than others as containing such substances. (3) The extent to which the Department has examined the feasibility of prohibiting the procurement of items containing covered PFAS substances. (4) Such other topics as may be determined necessary by the Comptroller General. (c) Items \nIn conducting the study under subsection (a), the Comptroller General shall, to the extent practicable, examine information relating to the consideration by the Department of Defense of such substances in the following items: (1) Furniture or floor waxes. (2) Car wax and car window treatments. (3) Cleaning products. (4) Shoes and clothing for which treatment with a covered PFAS substance is not necessary for an essential function. (d) Briefing and report \nNot later than 180 days after the date of enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the study conducted under subsection (a), including any preliminary observations. After such interim briefing, the Comptroller General shall submit to the committees a report on the study at a date mutually agreed upon by the Comptroller General and the committees. (e) Covered PFAS substance defined \nIn this section, the term covered PFAS substance means any of the following: (1) Perfluorononanoic acid (PFNA). (2) Perfluorooctanoic acid (PFOA). (3) Perfluorohexanoic acid (PFHxA). (4) Perfluorooctane sulfonic acid (PFOS). (5) Perfluorohexane sulfonate (PFHxS). (6) Perfluorobutane sulfonic acid (PFBS). (7) GenX.", "id": "HAC5C1DF0496E4C25AF860959F79C5776", "header": "Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances" }, { "text": "348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing a proposed schedule for the completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances, and the associated cost estimates to perform such remediation, at military installations, facilities of the National Guard, and formerly used defense sites in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Definitions \nIn this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (2) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.", "id": "HA2C2CF22910B4E9B851A38254BCC81FF", "header": "Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances" }, { "text": "349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report identifying the status of efforts to remediate perfluoroalkyl substances and polyfluoroalkyl substances at the following locations: (1) England Air Force Base, Louisiana. (2) Naval Air Weapons Station China Lake, California. (3) Patrick Air Force Base, Florida. (4) Myrtle Beach Air Force Base, South Carolina. (5) Langley Air Force Base, Virginia. (6) Naval Air Station Jacksonville, Florida. (7) Niagara Falls Air Reserve Station, New York. (8) Grand Prairie Armed Forces Reserve Complex, Texas. (9) Altus Air Force Base, Oklahoma. (10) Charleston Air Force Base, South Carolina. (11) Barksdale Air Force Base, Louisiana. (12) Plattsburgh Air Force Base, New York. (13) Tyndall Air Force Base, Florida. (14) Sheppard Air Force Base, Texas. (15) Columbus Air Force Base, Mississippi. (16) Chanute Air Force Base, Illinois. (17) Marine Corps Air Station Tustin, California. (18) Travis Air Force Base, California. (19) Ellsworth Air Force Base, South Dakota. (20) Minot Air Force Base, North Dakota. (21) Westover Air Reserve Base, Massachusetts. (22) Eaker Air Force Base, Arkansas. (23) Naval Air Station Alameda, California. (24) Eielson Air Force Base, Alaska. (25) Horsham Air Guard Station, Pennsylvania. (26) Vance Air Force Base, Oklahoma. (27) Dover Air Force Base, Delaware. (28) Edwards Air Force Base, California. (29) Robins Air Force Base, Georgia. (30) Joint Base McGuire–Dix–Lakehurst, New Jersey. (31) Galena Air Force Base, Alaska. (32) Naval Research Laboratory Chesapeake Bay Detachment, Maryland. (33) Buckley Air Force Base, Colorado. (34) Arnold Air Force Base, Tennessee. (35) Tinker Air Force Base, Oklahoma. (36) Fairchild Air Force Base, Washington. (37) Vandenberg Air Force Base, California. (38) Hancock Field Air National Guard Base, New York. (39) F.E. Warren Air Force Base, Wyoming. (40) Nevada Air National Guard Base, Nevada. (41) K.I. Sawyer Air Force Base, Michigan. (42) Pease Air Force Base, New Hampshire. (43) Whiteman Air Force Base, Missouri. (44) Wurtsmith Air Force Base, Michigan. (45) Shepherd Field Air National Guard Base, West Virginia. (46) Naval Air Station Whidbey Island–Ault Field, Washington. (47) Rosecrans Air National Guard Base, Missouri. (48) Joint Base Andrews, Maryland. (49) Iowa Air National Guard Base, Iowa. (50) Stewart Air National Guard Base, New York. (b) Definitions \nIn this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.", "id": "H7428482C23D044D288C548863A720B5C", "header": "Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations" }, { "text": "351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand \n(a) Clarification of operational energy responsibilities \nSection 2926 of title 10, United States Code, is amended— (1) in subsection (a), by inserting in contested logistics environments after missions ; and (2) in subsection (b)— (A) in the heading, by striking Authorities and inserting Responsibilities ; (B) in the matter preceding paragraph (1), by striking may and inserting shall ; (C) by amending paragraph (1) to read as follows: (1) require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans; ; (D) in paragraph (2), by inserting supportability in contested logistics environments, after power, ; and (E) in paragraph (3), by inserting in contested logistics environments after vulnerabilities. (b) Establishment of working group \nSuch section is further amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting and in coordination with the working group under subsection (d) after components ; (B) in paragraph (1), by striking Defense and oversee and inserting Defense, including the activities of the working group established under subsection (d), and oversee ; (C) in paragraph (2), by inserting , taking into account the findings of the working group under subsection (d) after Defense ; and (D) in paragraph (3), by inserting , taking into account the findings of the working group under subsection (d) after resilience ; (2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; (3) by inserting after subsection (c), as amended by paragraph (1), the following new subsection: (d) Working Group \n(1) The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts. (2) The head of the working group under paragraph (1) shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e). (3) The members of the working group under paragraph (1) shall be appointed as follows: (A) A senior official of each armed force, who shall be nominated by the Secretary concerned and confirmed by the Senate to represent such armed force. (B) A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respective combatant command to represent such combatant command. (C) A senior official under the jurisdiction of the Chairman of the Joint Chiefs of Staff, who shall be appointed by the Chairman to represent the Joint Chiefs of Staff and the Joint Staff. (4) Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives pursuant to the strategy under subsection (e) for the respective component of the Department that the member represents. (5) The duties of the working group under paragraph (1) shall be as follows: (A) Planning for the integration of efforts to mitigate contested logistics challenges through the reduction of operational energy demand carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense. (B) Developing recommendations regarding the strategy for operational energy under subsection (e). (C) Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces. (D) Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets. (E) Developing recommendations to mitigate the effects of hostile action by a near-peer adversary targeting operational energy storage and operations of the armed forces, including through the use of innovative delivery systems, distributed storage, flexible contracting, and improved automation. ; and (4) in subsection (g), as redesignated by paragraph (2)— (A) in paragraph (1)— (i) by striking The Secretary of a military department and inserting Each member of the working group under subsection (d) ; and (ii) by striking conducted by the military department and inserting conducted by the respective component of the Department that the member represents for purposes of the working group ; and (B) in paragraph (2), by striking military department and inserting armed force. (c) Modifications to operational energy strategy \nSubsection (e) of such section, as redesignated by subsection (b)(2), is amended to read as follows: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the working group under subsection (d), shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall be updated every five years and shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within each armed force, across the armed forces, and with the Office of the Secretary of Defense. (2) The strategy required under paragraph (1) shall include the following: (A) A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand within each armed force. (B) An assessment of how industry trends transitioning from the production of internal combustion engines to the development and production of alternative propulsion systems may affect the long-term availability of parts for military equipment, the fuel costs for such equipment, and the sustainability of such equipment. (C) An assessment of any technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term. (D) An assessment of how the Secretaries concerned and the commanders of the combatant commands can better plan for challenges presented by near-peer adversaries in a contested logistics environment, including through innovative delivery systems, distributed storage, flexible contracting, and improved automation. (E) An assessment of any infrastructure investments of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary. (3) By authority of the Secretary of Defense, and taking into consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to specific operational energy plans and programs to be carried out pursuant to the strategy. (4) Not later than 30 days after the date on which the budget for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, and every five years thereafter, the Assistant Secretary shall submit to the congressional defense committees the strategy required under paragraph (1).. (d) Definition \nSuch section is further amended by adding at the end the following new subsection: (h) Contested logistics environment defined \nIn this section, the term contested logistics environment means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.. (e) Conforming amendment \nSection 2926(c)(5) of title 10, United States Code, is amended by striking subsection (e)(4) and inserting subsection (f)(4). (f) Interim report \nNot later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section. Such report shall include an update regarding the establishment of the working group under section 2926(d) of title 10, United States Code, as amended by subsection (b). (g) Briefing on Assistant Secretary of Defense for Energy, Installations, and Environment \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the following: (1) The planned division of responsibilities between the Assistant Secretary of Defense for Sustainment and the Assistant Secretary of Defense for Energy, Installations, and Environment. (2) A personnel plan to ensure the adequate manning of support personnel for the Assistant Secretary of Defense for Energy, Installations, and Environment. (3) Any additional resources necessary to ensure the ability of the Assistant Secretary of Defense for Energy, Installations, and Environment to fulfill the duty required under section 138(b)(7) of title 10, United States Code, and any other duties required of such Assistant Secretary by law.", "id": "H9914F1D9B7E5419C99A85C3D42A2A97E", "header": "Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand" }, { "text": "352. Global bulk fuel management and delivery \n(a) Responsibility of United States Transportation Command \n(1) In general \nSubchapter III of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section: 2927. Global bulk fuel management and delivery \n(a) Responsible element \n(1) Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis. (2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023. (b) Coordination with Defense Logistics Agency \nIn carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency. (c) Rule of construction \nExcept to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as— (1) limiting any other function of the Defense Logistics Agency Energy; or (2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command.. (2) Clerical amendment \nThe table of contents for such subchapter is amended by adding at the end the following new item: 2927. Global bulk fuel management and delivery.. (b) Briefing \nNot later than July 1, 2022, the Commander of United States Transportation Command shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on progress made to carry out the transfer of responsibilities to the United States Transportation Command pursuant to section 2927 of title 10, United States Code (as added by subsection (a)), including— (1) a review of the plan of action for such transfer; (2) a review of milestones completed and yet to be completed with respect to such transfer; and (3) an identification of any legislative changes or additional resources the Commander determines are necessary to implement such section 2927. (c) Global bulk fuel management strategy \n(1) Strategy required \nNot later than October 1, 2022, the Commander of United States Transportation Command shall prepare and submit to the Committees on Armed Services of the House of Representatives and the Senate a strategy to develop the infrastructure and programs necessary to optimally support global bulk fuel management of the Department of Defense. (2) Additional elements \nThe strategy under paragraph (1) shall include the following additional elements: (A) A description of the current organizational responsibility for bulk fuel management of the Department, organized by geographic combatant command, including with respect to ordering, storage, and strategic and tactical transportation. (B) A description of any legacy bulk fuel management assets of each of the geographic combatant commands. (C) A description of the operational plan to exercise such assets to ensure full functionality and to repair, upgrade, or replace such assets as necessary. (D) An identification of the resources required for any such repairs, upgrades, or replacements. (E) A description of the current programs relating to platforms, weapon systems, or research and development, that are aimed at managing fuel constraints by decreasing demand for fuel. (F) An assessment of current and projected threats to forward-based bulk fuel delivery, storage, and distribution systems, and an assessment, based on such current and projected threats, of attrition to bulk fuel infrastructure, including storage and distribution systems, in a conflict involving near-peer foreign countries. (G) An assessment of current days of supply guidance, petroleum war reserve requirements, and prepositioned war reserve stocks, based on operational tempo associated with distributed operations in a contested environment. (H) An identification of the resources required to address any changes to such guidance, requirements, or stocks recommended as the result of such assessment. (I) An identification of any global shortfall with respect to bulk fuel management, organized by geographic combatant command, and a prioritized list of investment recommendations to address each shortfall identified. (3) Coordination \nIn preparing the strategy under paragraph (1), the Commander of United States Transportation Command shall coordinate with subject matter experts of the Joint Staff, the geographic combatant commands, the Defense Logistics Agency, and the military departments. (4) Form \nThe strategy under paragraph (1) may be submitted in classified form, but if so submitted shall include an unclassified executive summary. (d) Conforming amendments \nSection 2854 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) is amended— (1) in subsection (b), by striking The organizational element designated pursuant to subsection (a) and inserting The Secretary of Defense ; (2) in subsection (c), by striking subsection (b) and inserting subsection (a) ; (3) by striking subsections (a) and (d); and (4) by redesignating subsections (b) and (c), as amended by paragraphs (1) and (2), as subsections (a) and (b), respectively.", "id": "HD49FA4A90CE64960B29E0C1DCFD0E995", "header": "Global bulk fuel management and delivery" }, { "text": "2927. Global bulk fuel management and delivery \n(a) Responsible element \n(1) Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis. (2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023. (b) Coordination with Defense Logistics Agency \nIn carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency. (c) Rule of construction \nExcept to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as— (1) limiting any other function of the Defense Logistics Agency Energy; or (2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command.", "id": "HD508A606DCB44D6AAA04B260942B2F92", "header": "Global bulk fuel management and delivery" }, { "text": "353. Test and evaluation of potential biobased solution for corrosion control and mitigation \n(a) Test and evaluation \nNot later than 120 days after the date of the enactment of this Act, the Director of the Strategic Environmental Research and Development Program and the Environmental Security Technology Certification Program shall test and evaluate at least one existing covered biobased solution for use as an alternative to current solutions of the Department of Defense for the control and mitigation of corrosion. (b) Determination \nFollowing the test and evaluation of a covered biobased solution under subsection (a), the Director shall determine, based on such test and evaluation, whether the solution meets the following requirements: (1) The solution is capable of being produced domestically in sufficient quantities. (2) The solution is at least as effective at the control and mitigation of corrosion as current alternative solutions. (3) The solution reduces environmental exposures. (c) Recommendations \nThe Director shall develop recommendations for the Department of Defense-wide deployment of covered biobased solutions that the Director has determined meet the requirements under subsection (b). (d) Covered biobased solution defined \nIn this section, the term covered biobased solution means a solution for the control and mitigation of corrosion that is domestically produced, commercial, and biobased.", "id": "H96EF344A83EB467AB00C51E9C9108B5F", "header": "Test and evaluation of potential biobased solution for corrosion control and mitigation" }, { "text": "354. Pilot program on digital optimization of organic industrial base maintenance and repair operations \n(a) In general \nBeginning not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall undertake a pilot program under which the digitization of the facilities and operations of at least one covered depot shall be provided for by the Secretary concerned. (b) Elements of pilot program \nIn carrying out the pilot program under this section, the Secretary concerned shall provide for each of the following at the covered depot or depots at which the program is carried out: (1) The creation of a digital twin model of the maintenance, repair, and remanufacturing infrastructure and activities. (2) The modeling and simulation of optimized facility configuration, logistics systems, and processes. (3) The analysis of material flow and resource use to achieve key performance metrics for all levels of maintenance and repair. (4) An assessment of automated, advanced, and additive manufacturing technologies that could improve maintenance, repair, and remanufacturing operations. (c) Report \nNot later than 60 days after the completion of the digital twin model and associated analysis, the Assistant Secretary of Defense for Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include— (1) a summary of the cost of the pilot program; (2) a description of the efficiencies identified under the pilot program; (3) a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies; (4) any plans to undertake such investments; and (5) the assessment of the Assistant Secretary of the value of the pilot program and the potential applicability of the findings of the pilot program to other covered depots. (d) Definitions \nIn this section: (1) The term covered depot includes any depot covered under section 2476(e) of title 10, United States Code, except for the following: (A) Portsmouth Naval Shipyard, Maine. (B) Pearl Harbor Naval Shipyard, Hawaii. (C) Puget Sound Naval Shipyard, Washington. (D) Norfolk Naval Shipyard, Virginia. (2) The terms military departments and Secretary concerned have the meanings given such terms in section 101 of title 10, United States Code.", "id": "HF4BFE1B991F241568EA73CB208A5C311", "header": "Pilot program on digital optimization of organic industrial base maintenance and repair operations" }, { "text": "355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy \n(a) Updated plan \n(1) In general \nNot later than September 30, 2022, the Secretary of the Navy shall submit to the congressional defense committees an update to the plan of the Secretary for implementation of the Shipyard Infrastructure Optimization Program of the Department of the Navy, with the objective of providing increased transparency for the actual costs and schedules associated with infrastructure optimization activities for shipyards covered by such program. (2) Updated cost estimates \nThe updated plan required under paragraph (1) shall include updated cost estimates comprising the most recent costs of capital improvement projects for each of the four public shipyards covered by the Shipyard Infrastructure Optimization Program. (b) Briefing requirement \n(1) In general \nBefore the start of physical construction with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall brief each of the congressional defense committees on such project, regardless of the source of funding for such project. (2) Written information \nBefore conducting a briefing under paragraph (1) with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall submit to the congressional defense committees in writing the following information: (A) An updated cost estimate for such project that— (i) meets the standards of the Association for the Advancement of Cost Engineering for a Level 1 or Level 2 cost estimate; or (ii) is an independent cost estimate. (B) A schedule for such project that is comprehensive, well-constructed, credible, and controlled pursuant to the Schedule Assessment Guide: Best Practices for Project Schedules (GAO–16–89G) set forth by the Comptroller General of the United States in December 2015, or successor guide. (C) An estimate of the likelihood that programmed and planned funds for such project will be sufficient for the completion of the project. (3) Covered project defined \nIn this subsection, the term covered project means a shipyard project under the Shipyard Infrastructure Optimization Program— (A) with a contract awarded on or after October 1, 2024; and (B) valued at $250,000,000 or more. (c) Annual report \n(1) In general \nNot later than December 31, 2022, and not later than December 31 of each year thereafter, the Commander of the Naval Sea Systems Command, in coordination with the Program Manager Ships 555, shall submit to the congressional defense committees a report detailing the use by the Department of the Navy of funding for all efforts associated with the Shipyard Infrastructure Optimization Program, including the use of amounts made available by law to support the projects identified in the plan to implement such program, including any update to such plan under subsection (a). (2) Elements \nEach report required by paragraph (1) shall include updated cost and schedule estimates— (A) for the plan to implement the Shipyard Optimization Program, including any update to such plan under subsection (a); and (B) for each dry dock, major facility, and infrastructure project valued at $250,000,000 or more under such program. (d) Comptroller General report \n(1) Report \n(A) In general \nNot later than May 1, 2023, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of the Secretary of the Navy in implementing the Shipyard Infrastructure Optimization Program, including— (i) the progress of the Secretary in completing the first annual report required under such program; and (ii) the cost and schedule estimates for full implementation of such program. (B) Elements \nThe report required by subparagraph (A) shall include the following: (i) An assessment of the extent to which the cost estimate for the updated optimization plan for the Shipyard Infrastructure Optimization Program is consistent with leading practices for cost estimation. (ii) An assessment of the extent to which the project schedule for such program is comprehensive, well-constructed, credible, and controlled. (iii) An assessment of whether programmed and planned funds for a project under such program will be sufficient for the completion of the project. (iv) Such other related matters as the Comptroller General considers appropriate. (2) Initial briefing \nNot later than April 1, 2023, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the preliminary findings of the report under paragraph (1).", "id": "H50DBBA6EE59B49D58E2EC1E03F3F77BA", "header": "Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy" }, { "text": "356. Report and certification requirements regarding sustainment costs for fighter aircraft programs \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on individual aircraft fleet sustainment costs for the F–35 A/B/C, F/A–18 C/D/E/F/G, AV–8B, A–10C, F–16 C/D, F–22, and F–15 C/E/EX aircraft fleets. Such report shall include the following: (1) A detailed description and explanation of, and the actual cost data related to, current sustainment costs for the aircraft fleets specified in this subsection, including an identification and assessment of cost elements attributable to the Federal Government or to contractors (disaggregated by the entity responsible for each portion of the cost element, including for a prime contractor and any first-tier subcontractor) with respect to such sustainment costs. (2) An identification of sustainment cost metrics for each aircraft fleet specified in this subsection for each of fiscal years 2022 through 2026, expressed in cost-per-tail-per-year format. (b) Limitation on certain F–35 contracts \n(1) In general \nThe Secretary of Defense may not enter into a performance-based logistics sustainment contract for the F–35 airframe or engine programs, or modify an existing contract for the F–35 airframe or engine programs to require the use of a performance-based logistics sustainment contract, unless the Secretary submits to the congressional defense committees a certification that the Secretary has determined such a performance-based logistics contract will— (A) reduce sustainment or operating costs for the F–35 airframe or engine programs; or (B) increase readiness rates, full and partial mission capability rates, or airframe and engine availability rates of the F–35 weapon system. (2) Certification \nAny certification submitted pursuant to paragraph (1) shall include a cost-benefit analysis comparing an existing contract for the F–35 airframe or engine programs with a performance-based logistics sustainment contract for the F–35 airframe or engine programs. (3) Applicability \nThe limitation under paragraph (1) shall not apply with respect to the termination, modification, exercise of a contract option for, or other action relating to, a contract for the F–35 program entered into prior to the date of the enactment of this Act unless such termination, modification, exercise, or other action would require the use of a performance-based logistics sustainment contract as specified in paragraph (1). (c) Cost-per-tail-per-year calculation \nFor purposes of this section, the average cost-per-tail of a variant of an aircraft of an Armed Force shall be determined by— (1) adding the total amount expended for a fiscal year (in base year fiscal 2012 dollars) for all such aircraft in the inventory of an Armed Force for— (A) unit level manpower; (B) unit operations; (C) maintenance; (D) sustaining support; (E) continuing system support; and (F) modifications; and (2) dividing the sum resulting under paragraph (1) by the average number of such aircraft in the inventory of an Armed Force during such fiscal year.", "id": "H403F4DFA1D9A4244A720CB2B35F4FCF2", "header": "Report and certification requirements regarding sustainment costs for fighter aircraft programs" }, { "text": "357. Comptroller General annual reviews of F–35 sustainment efforts \n(a) Annual reviews and briefings \nNot later than March 1 of each year of 2022, 2023, 2024, and 2025, the Comptroller General of the United States shall— (1) conduct an annual review of the sustainment efforts of the Department of Defense with respect to the F–35 aircraft program (including the air vehicle and propulsion elements of such program); and (2) provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on such review, including any findings of the Comptroller General as a result of such review. (b) Elements \nEach review under subsection (a)(1) shall include an assessment of the following: (1) The status of the sustainment strategy of the Department for the F–35 Lightning II aircraft program. (2) The Department oversight and prime contractor management of key sustainment functions with respect to the F–35 aircraft program. (3) The ability of the Department to reduce the costs, or otherwise maintain the affordability, of the sustainment of the F–35 fleet. (4) Any other matters regarding the sustainment or affordability of the F–35 aircraft program that the Comptroller General determines to be of critical importance to the long-term viability of such program. (c) Reports \nFollowing the provision of each briefing under subsection (a)(2), at such time as is mutually agreed upon by the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General, the Comptroller General shall submit to such committees a report on the matters covered by the briefing.", "id": "H39B661ED3D9140FDB0677708B095309C", "header": "Comptroller General annual reviews of F–35 sustainment efforts" }, { "text": "361. Inclusion of information regarding borrowed military manpower in readiness reports \nSection 482(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph: (10) Information regarding the extent to which any member of the armed forces is assigned or detailed outside the member’s unit or away from training in order to perform any function that had previously been performed by civilian employees of the Federal Government..", "id": "H67E85F64844E463B912C61962039BA4B", "header": "Inclusion of information regarding borrowed military manpower in readiness reports" }, { "text": "362. Annual report on material readiness of Navy ships \nSection 8674(d) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by striking submit to the and inserting provide to the ; (B) by inserting a briefing and submit to such committees after congressional defense committees ; and (C) by striking setting forth and inserting regarding ; (2) in paragraph (2)— (A) by striking in an unclassified form that is releasable to the public without further redaction. and inserting in— ; and (B) by adding at the end the following new subparagraphs: (A) a classified form; and (B) an unclassified form that is releasable to the public without further redaction. ; and (3) by striking paragraph (3).", "id": "H2232E193F9544F41ABE14B3CB680E19D", "header": "Annual report on material readiness of Navy ships" }, { "text": "363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons \n(a) In general \nFor each of fiscal years 2022, 2023, and 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on security, control, thefts, losses, and recoveries of sensitive conventional arms, ammunition, and explosives (commonly referred to as AA&E ) of the Department of Defense during such year, including the following: (1) M–16 or M4s. (2) Light automatic weapons up to and including M249, M2, and 40mm MK19 machine guns. (3) Functional launch tube with umbilical squib installed and grip stock for the Stinger missile. (4) Launch tube, sight assembly, and grip stock for missiles. (5) Tracker for the Dragon missile. (6) Mortar tubes up to and including 81mm. (7) Grenade launchers. (8) Rocket and missile launchers with an unpacked weight of 100 pounds or less. (9) Flame throwers. (10) The launcher, missile guidance se, or the optical sight for the TOW and the Javelin Command Launch Unit. (11) Single shot and semi-automatic (non-automatic) shoulder-fired weapons such as shotguns and bolt action rifles and weapons barrels. (12) Handguns. (13) Recoil-less rifles up to and including 106mm. (14) Man-portable missiles and rockets in a ready-to-fire configuration or when jointly stored or transported with the launcher tube or grip-stock and the explosive round. (15) Stinger missiles. (16) Dragon, Javelin, light antitank weapon (66mm), shoulder-launched multi-purpose assault weapon rocket (83mm), M136 (AT4) anti-armor launcher and cartridge (84mm). (17) Missiles and rockets that are crew-served or require platform-mounted launchers and other equipment to function, including HYDRA–70 rockets and tube-launched optically wire guided (TOW) missiles. (18) Missiles and rockets that require platform-mounted launchers and complex hardware equipment to function including the HELLFIRE missile. (19) Explosive rounds of any missile or rocket listed in paragraphs (1) through (18). (20) Hand or rifle grenades (high-explosive and white phosphorous). (21) Antitank or antipersonnel mines. (22) Explosives used in demolition operations, C–4, military dynamite, and trinitrotoluene (TNT). (23) Warheads for sensitive missiles and rockets weighing less than 50 pounds each. (24) Ammunition that is.50 caliber or larger with explosive-filled projectile. (25) Incendiary grenades and fuses for high-explosive grenades. (26) Blasting caps. (27) Supplementary charges. (28) Bulk explosives. (29) Detonating cord. (30) Riot control agents. (b) Immediate reporting of confirmed thefts, losses, and recoveries \nNot later than 72 hours after a confirmed theft, loss, or recovery of a sensitive conventional arm, ammunition, or explosive covered by the report required by subsection (a), the Secretary shall report such theft, loss, or recovery to the National Crime Information Center and local law enforcement.", "id": "HEF7B755A9E104B73ACD74A65D25CF5AB", "header": "Incident reporting requirements for Department of Defense regarding lost or stolen weapons" }, { "text": "364. Strategy and annual report on critical language proficiency of special operations forces \n(a) Strategy \n(1) Strategy required \nNot later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a strategy to improve the language proficiency of the special operations forces of the Armed Forces, including by identifying individuals who have proficiency in a critical language and recruiting and retaining such individuals in the special operations forces. (2) Elements \nThe strategy under paragraph (1) shall include the following: (A) A baseline of foreign language proficiency requirements to be implemented within the special operations forces, disaggregated by Armed Force and by critical language. (B) Annual recruitment targets for the number of candidates with demonstrated proficiency in a critical language to be selected for participation in the initial assessment and qualification programs of the special operations forces. (C) A description of current and planned efforts of the Secretaries concerned and the Assistant Secretary to meet such annual recruitment targets. (D) A description of any training programs used to enhance or maintain foreign language proficiency within the special operations forces, including any nongovernmental programs used. (E) An annual plan to enhance and maintain foreign language proficiency within the special operations forces of each Armed Force. (F) An annual plan to retain members of the special operation forces of each Armed Force who have proficiency in a foreign language. (G) A description of current and projected capabilities and activities that the Assistant Secretary determines are necessary to maintain proficiency in critical languages within the special operations forces. (H) A plan to implement a training program for members of the special operations forces who serve in positions that the Assistant Secretary determines require proficiency in a critical language to support the Department of Defense in strategic competition. (b) Reports required \nNot later than December 31, 2022, and annually thereafter until December 31, 2025, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report on the strategy required under subsection (a), including progress in achieving the objectives of the strategy with respect to the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language. (c) Definitions \nIn this section: (1) The term critical language means a language identified by the Director of the National Security Education Program as critical to national security. (2) The terms military departments and Secretary concerned have the meanings given such terms in section 101 of title 10, United States Code. (3) The term proficiency means proficiency in a language, as assessed by the Defense Language Proficiency Test. (4) The term special operations forces means forces described under section 167(j) of title 10, United States Code.", "id": "H75DCFA0FA69245B4B7B149733156607B", "header": "Strategy and annual report on critical language proficiency of special operations forces" }, { "text": "371. Military Aviation and Installation Assurance Clearinghouse matters \n(a) Strategy to test and integrate wind turbine interference mitigation strategies \nThe Secretary of Defense and the Secretary of the Air Force, in coordination with the Commander of United States Northern Command and the Commander of North American Aerospace Defense Command, shall develop a strategy to test and integrate wind turbine interference mitigation technologies into radars and the air surveillance command and control architecture of the Department of Defense. (b) Modification of Clearinghouse requirements \nSection 183a(c) of title 10, United States Code, is amended— (1) in paragraph (2), by adding at the end the following new subparagraph: (C) A notice of presumed risk issued under subparagraph (A) is a preliminary assessment only and does not represent a formal objection pursuant to subsection (e). Discussions of possible mitigation actions under such subparagraph could favorably resolve any concerns identified in the notice of presumed risk. ; and (2) by adding at the end the following new paragraph: (8) If, in reviewing an application for an energy project pursuant to paragraph (1), the Clearinghouse finds no adverse impact on military operations under section 44718(b)(1) of title 49, the Clearinghouse shall communicate to the Secretary of Transportation in writing, not later than five business days after making such finding, the following: No Part 77 concerns, national security review ongoing...", "id": "H6F22760C87884B6CA5DD3B5C94163B0D", "header": "Military Aviation and Installation Assurance Clearinghouse matters" }, { "text": "372. Establishment of Joint Safety Council \n(a) In general \nChapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section: 184. Joint Safety Council \n(a) In general \nThere is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the Council ). (b) Membership; appointment; compensation \n(1) The Council shall be composed of voting members as follows: (A) The Director of Safety for each military department. (B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense. (C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned. (D) Such additional members as may be determined by the Deputy Secretary of Defense. (2) (A) Each member of the Council shall serve at the will of the official who appointed that member. (B) Any vacancy on the Council shall be filled in the same manner as the original appointment. (3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. (c) Chairperson and vice chairperson \n(1) (A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council. (B) The Chairperson shall serve for a term of two years and shall be responsible for— (i) serving as the Director of Safety for the Department of Defense; (ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; (iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments; (iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments; (v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv); (vi) advising Congress on issues relating to military safety and reforms; and (vii) overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. (2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson. (d) Responsibilities \nThe Council shall carry out the following responsibilities: (1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. (2) With respect to mishap data— (A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense; (B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and (C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department. (3) With respect to non-mishap data— (A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data; (B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and (C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards. (4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments. (5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system. (6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships. (7) Reviewing the proposal of each military department for the safety management systems described in paragraphs (9) and (10). (8) Reviewing the implementation of such systems by each military department. (9) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents. (e) Oversight \nThe decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. (f) Staff \n(1) The Council may appoint staff in accordance with section 3101 of title 5. (2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis. (g) Contract authority \nThe Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. (h) Procurement of temporary and intermittent services \nThe Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Data collection \n(1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes. (2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data. (3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person. (j) Meetings \nThe Council shall meet quarterly and at the call of the Chairperson. (k) Report \nThe Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item: 184. Joint Safety Council.. (c) Deadlines \n(1) Establishment \nThe Secretary of Defense shall ensure the establishment of the Joint Safety Council under section 184 of title 10, United States Code (as added by subsection (a)), by not later than the date that is 120 days after the date of the enactment of this Act. (2) Appointment of first members \nThe initial members of the Joint Safety Council established under such section 184 shall be appointed by not later than the date that is 120 days after the date of the enactment of this Act. (3) Directors of Safety \nNot later than 30 days after the date of the enactment of this Act, the Secretary of each military department shall ensure there is appointed as the Director of Safety for the military department concerned an officer of that military department in pay grade O–8 or above. (d) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (1) A description of the measures the Secretary plans to take to correct the issues identified in the report of the National Commission on Military Aviation Safety submitted to the President and Congress and dated December 1, 2020. (2) A statement as to whether the Secretary concurs or disagrees with the findings of such report. (3) A detailed plan of action for the implementation of each recommendation included in such report. (4) Any additional recommendations the Secretary determines are necessary to apply the findings of the National Commission on Military Aviation Safety in such report to all aspects of military safety. (e) Authorization of appropriations \nOf the amounts authorized to be appropriated or otherwise made available by this Act for Military Personnel Appropriations for fiscal year 2022, $4,000,000 shall be made available for the Joint Safety Council established under section 184 of title 10, United States Code, as added by subsection (a).", "id": "HDA5AA2EFD8D741D88FB8661C226AD977", "header": "Establishment of Joint Safety Council" }, { "text": "184. Joint Safety Council \n(a) In general \nThere is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the Council ). (b) Membership; appointment; compensation \n(1) The Council shall be composed of voting members as follows: (A) The Director of Safety for each military department. (B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense. (C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned. (D) Such additional members as may be determined by the Deputy Secretary of Defense. (2) (A) Each member of the Council shall serve at the will of the official who appointed that member. (B) Any vacancy on the Council shall be filled in the same manner as the original appointment. (3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. (c) Chairperson and vice chairperson \n(1) (A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council. (B) The Chairperson shall serve for a term of two years and shall be responsible for— (i) serving as the Director of Safety for the Department of Defense; (ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; (iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments; (iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments; (v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv); (vi) advising Congress on issues relating to military safety and reforms; and (vii) overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. (2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson. (d) Responsibilities \nThe Council shall carry out the following responsibilities: (1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. (2) With respect to mishap data— (A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense; (B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and (C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department. (3) With respect to non-mishap data— (A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data; (B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and (C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards. (4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments. (5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system. (6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships. (7) Reviewing the proposal of each military department for the safety management systems described in paragraphs (9) and (10). (8) Reviewing the implementation of such systems by each military department. (9) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents. (e) Oversight \nThe decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. (f) Staff \n(1) The Council may appoint staff in accordance with section 3101 of title 5. (2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis. (g) Contract authority \nThe Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. (h) Procurement of temporary and intermittent services \nThe Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Data collection \n(1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes. (2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data. (3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person. (j) Meetings \nThe Council shall meet quarterly and at the call of the Chairperson. (k) Report \nThe Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.", "id": "HD98B45ACF0B947428FEB9A669DDCB4BC", "header": "Joint Safety Council" }, { "text": "373. Improvements and clarifications related to military working dogs \n(a) Prohibition on charge for transfer of military animals \nSection 2583(d) of title 10, United States Code, is amended by striking may and inserting shall. (b) Inclusion of military working dogs in certain research \nSection 708(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1071 note) is amended— (1) in paragraph (7), by striking of members of the Armed Forces and inserting with respect to both members of the Armed Forces and military working dogs ; and (2) by striking paragraph (9) and inserting the following new paragraph: (9) To inform and advise the conduct of research on the leading causes of morbidity and mortality of members of the Armed Forces and military working dogs in combat..", "id": "HCA74B3E7F1E040E68200A6B2B51417FB", "header": "Improvements and clarifications related to military working dogs" }, { "text": "374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative \nSection 343 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 7554 note) is amended by striking the date that is five years after the date of the enactment of this Act and inserting November 25, 2025,.", "id": "H9DAE7BD1D87D4DA984F2348CE0B8113B", "header": "Extension of temporary authority to extend contracts and leases under the ARMS Initiative" }, { "text": "375. Authority to maintain access to category 3 subterranean training facility \n(a) In general \nThe Secretary of Defense may ensure that the Department of Defense maintains access to a covered category 3 subterranean training facility on a continuing basis. (b) Authority to enter into lease \nThe Secretary of Defense is authorized to enter into a short-term lease with a provider of a covered category 3 subterranean training facility for purposes of carrying out subsection (a). (c) Covered category 3 subterranean training facility defined \nIn this section, the term covered category 3 subterranean training facility means a category 3 subterranean training facility that is— (1) operational as of the date of the enactment of this Act; and (2) deemed safe for use as of such date.", "id": "H30DFCAB4DFF249A2A90FF8FEE33B4684", "header": "Authority to maintain access to category 3 subterranean training facility" }, { "text": "376. Accident Investigation Review Board \n(a) Proposal for establishment of Board \nThe Deputy Secretary of Defense shall develop a proposal for the establishment of an Accident Investigation Review Board (in this section referred to as the Board ) to provide independent oversight and review of the legal investigations conducted by the Department of Defense outside of the safety process into the facts and circumstances surrounding operational and training accidents. The proposal shall include recommendations relating to— (1) the size and composition of the Board; (2) the process by which the Board would screen accident investigations to identify unsatisfactory, biased, incomplete, or insufficient investigations requiring subsequent review by the Board, including whether the Board should review investigations meeting a predetermined threshold (such as all fatal accidents or all Class A mishaps); (3) the process by which the military departments and other components of the Department of Defense could refer pending or completed accident investigations to the Board for review; (4) the process by which the Board would evaluate a particular accident investigation for accuracy, thoroughness, and objectivity; (5) the requirements for and process by which the convening component of an investigation reviewed by the Board should address the findings of the Board’s review of that particular investigation; (6) proposed procedures for safeguarding privileged and sensitive data and safety information collected during the investigation review process; and (7) how and when the Board would be required to report to the Deputy Secretary of Defense on the activities of the Board, the outcomes of individual investigation reviews performed by the Board, and the assessment of the Board regarding cross-cutting themes and trends identified by those reviews. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committee the proposal required by subsection (a) and a timeline for establishing the Board.", "id": "HBD7E41ECB56549D88B0B7F71CE7EACC3", "header": "Accident Investigation Review Board" }, { "text": "377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents \n(a) Plan required \nNot later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees and to the Comptroller General of the United States a plan to address the recommendations in the report of the Government Accountability Office entitled Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents (GAO–21–361). Each such plan shall include, with respect to each recommendation in such report that the Secretary concerned has implemented or intends to implement— (1) a summary of actions that have been or will be taken to implement the recommendation; and (2) a schedule, with specific milestones, for completing implementation of the recommendation. (b) Deadline for implementation \n(1) In general \nExcept as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, each Secretary concerned shall carry out activities to implement the plan of the Secretary developed under subsection (a). (2) Exception for implementation of certain recommendations \n(A) Delayed implementation \nA Secretary concerned may initiate implementation of a recommendation in the report referred to in subsection (a) after the date specified in paragraph (1) if, on or before such date, the Secretary provides to the congressional defense committees a specific justification for the delay in implementation of such recommendation. (B) Nonimplementation \nA Secretary concerned may decide not to implement a recommendation in the report referred to in subsection (a) if, on or before the date specified in paragraph (1), the Secretary provides to the congressional defense committees— (i) a specific justification for the decision not to implement the recommendation; and (ii) a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation. (c) Secretary concerned \nIn this section, the term Secretary concerned means— (1) the Secretary of the Army, with respect to the Army; and (2) the Secretary of the Navy, with respect to the Navy.", "id": "HC81808D200E6472D85D15B6172248C25", "header": "Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents" }, { "text": "378. Requirements relating to emissions control tactics, techniques, and procedures \n(a) Review \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current electromagnetic spectrum emissions control tactics, techniques, and procedures across the joint force. (b) Requirements \nNot later than 60 days after completing the review under subsection (a), the Secretary of Defense shall direct each Secretary of a military department to update or establish, as applicable, standard tactics, techniques, and procedures, including down to the operational level, pertaining to emissions control discipline during all phases of operations. (c) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation status of the tactics, techniques, and procedures updated or established, as applicable, under subsection (b) by each of the military departments, including— (1) incorporation into doctrine of the military departments; (2) integration into training of the military departments; and (3) efforts to coordinate with the militaries of partner countries and allies to develop similar standards and associated protocols, including through the use of working groups.", "id": "HA3CF2FD73116480A814AD434FDD528FD", "header": "Requirements relating to emissions control tactics, techniques, and procedures" }, { "text": "379. Management of fatigue among crew of naval surface ships and related improvements \n(a) Requirement \nThe Secretary of the Navy shall implement each recommendation for executive action set forth in the report of the Government Accountability Office titled Navy Readiness: Additional Efforts Are Needed to Manage Fatigue, Reduce Crewing Shortfalls, and Implement Training (GAO–21–366). (b) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees and the Comptroller General a report on the status of actions taken by the Secretary to monitor crew fatigue and ensure equitable fatigue management throughout the naval surface ship fleet in accordance with subsection (a). Such report shall include the following: (1) An assessment of the extent of crew fatigue throughout the naval surface ship fleet. (2) A description of the metrics used to assess the extent of fatigue pursuant to paragraph (1). (3) An identification of results-oriented goals for effective fatigue management. (4) An identification of timeframes for achieving the goals identified pursuant to paragraph (3). (c) Comptroller General briefing \nNot later than 90 days after the date on which the Comptroller General receives the report under subsection (b), the Comptroller General shall provide to the congressional defense committees a briefing on the extent to which the actions and goals described in the report meet the requirements of subsection (a).", "id": "H3E4FA2581BFD4B3B919555095814B4C1", "header": "Management of fatigue among crew of naval surface ships and related improvements" }, { "text": "380. Authority for activities to improve next generation radar systems capabilities \n(a) Authority \nThe Secretary of Defense may undertake activities to enhance future radar systems capabilities, including the following: (1) Designating specific industry, academic, government, or public-private partnership entities to provide expertise in the repair, sustainment, and support of radar systems to meet current and future defense requirements, as appropriate. (2) Facilitating collaboration among academia, the Federal Government, the defense industry, and the commercial sector, including with respect to radar system repair and sustainment activities. (3) Establishing advanced research and workforce training and educational programs to enhance future radar systems capabilities. (4) Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of radar systems in defense systems and operational activities, including continuing education and training goals. (5) Increasing communications and personnel exchanges with radar systems experts in industry to support adoption of state-of-the-art technologies and operational practices, especially to support meeting future defense needs related to radar systems in autonomous systems. (6) Establishing agreements with one or more institutions of higher education or other organizations in academia or industry to provide for activities authorized under this section. (7) Partnering with nonprofit institutions and private industry with expertise in radar systems to support activities authorized under this section. (8) Establishing research centers and facilities, including centers of excellence, as appropriate to support activities authorized under this section, especially to promote partnerships between government, industry, and academia. (b) Institution of higher education defined \nThe term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "H92835F943D534679B7038115B08B7B95", "header": "Authority for activities to improve next generation radar systems capabilities" }, { "text": "381. Pilot program on military working dog and explosives detection canine health and excellence \n(a) Pilot program \nNot later than September 31, 2022, the Secretary of Defense shall carry out a pilot program to ensure the health and excellence of explosives detection military working dogs. Under such pilot program, the Secretary shall consult with domestic breeders of working dog lines, covered institutions of higher education, and covered national domestic canine associations, to— (1) facilitate the presentation, both in a central location and at regional field evaluations in the United States, of domestically-bred explosives detection military working dogs for assessment for procurement by the Department of Defense, at a rate of at least 250 canines presented per fiscal year; (2) facilitate the delivery and communication to domestic breeders, covered institutions of higher education, and covered national domestic canine associations, of information regarding— (A) any specific needs or requirements for the future acquisition by the Department of explosives detection military working dogs; and (B) any factors identified as relevant to the success or failure of explosives detection military working dogs presented for assessment pursuant to this section; (3) collect information on the biological and health factors of explosives detection military working dogs procured by the Department, and make such information available for academic research and to domestic breeders; (4) collect and make available genetic and phenotypic information, including canine rearing and training data for study by domestic breeders and covered institutions of higher education, for the further development of working canines that are bred, raised, and trained domestically; and (5) evaluate current Department guidance for the procurement of military working dogs to ensure that pricing structures and procurement requirements for foreign and domestic canine procurements accurately account for input cost differences between foreign and domestic canines. (b) Termination \nThe authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2024. (c) Definitions \nIn this section: (1) The term covered institution of higher education means an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), with demonstrated expertise in veterinary medicine for working canines. (2) The term covered national domestic canine association means a national domestic canine association with demonstrated expertise in the breeding and pedigree of working canine lines. (3) The term explosives detection military working dog means a canine that, in connection with the work duties of the canine performed for the Department of Defense, is certified and trained to detect odors indicating the presence of explosives in a given object or area, in addition to the performance of such other duties for the Department as may be assigned.", "id": "H55FF6F13B9C945A0B30F0A8793D39BEB", "header": "Pilot program on military working dog and explosives detection canine health and excellence" }, { "text": "382. Department of Defense response to military lazing incidents \n(a) Investigation into lazing of military aircraft \n(1) Investigation required \nThe Secretary of Defense shall conduct a formal investigation into all incidents of lazing of military aircraft that occurred during fiscal year 2021. The Secretary shall carry out such investigation in coordination and collaboration with appropriate non-Department of Defense entities. (2) Report to Congress \nNot later than March 31, 2022, the Secretary shall submit to the congressional defense committees a report on the findings of the investigation conducted pursuant to paragraph (1). (b) Information sharing \nThe Secretary shall seek to increase information sharing between the Department of Defense and the States with respect to incidents of lazing of military aircraft, including by entering into memoranda of understanding with State law enforcement agencies on information sharing in connection with such incidents to provide for procedures for closer cooperation with local law enforcement in responding to such incidents as soon as they are reported. (c) Data collection and tracking \nThe Secretary shall collect such data as may be necessary to track the correlation between noise complaints and incidents of military aircraft lazing. (d) Operating procedures \nThe Secretary shall give consideration to adapting local operating procedures in areas with high incidence of military aircraft lazing incidents to reduce potential injury to aircrew. (e) Eye protection \nThe Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment that protects against the most commonly available green light lasers that are available to the public. If the Secretary determines that no such laser eye protection equipment is available, the Secretary shall conduct research and develop such equipment.", "id": "H1DED47E4B5C342A286F2167E0DE461BA", "header": "Department of Defense response to military lazing incidents" }, { "text": "401. End strengths for active forces \nThe Armed Forces are authorized strengths for active duty personnel as of September 30, 2022, as follows: (1) The Army, 485,000. (2) The Navy, 346,920. (3) The Marine Corps, 178,500. (4) The Air Force, 329,220. (5) The Space Force, 8,400.", "id": "H1B8B046482FF42C2B37AF24981FFE83E", "header": "End strengths for active forces" }, { "text": "402. Revisions in permanent active duty end strength minimum levels \nSection 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (5) and inserting the following new paragraphs: (1) For the Army, 485,000. (2) For the Navy, 346,920. (3) For the Marine Corps, 178,500. (4) For the Air Force, 329,220. (5) For the Space Force, 8,400..", "id": "H21219EEB5C01436BBCBD1E74F4AF5025", "header": "Revisions in permanent active duty end strength minimum levels" }, { "text": "403. Additional authority to vary Space Force end strength \n(a) In general \nNotwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for each fiscal year as follows: (1) Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength. (2) Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength. (b) Termination \nThe authority provided under subsection (a) shall terminate on December 31, 2022.", "id": "HB183E15CFBBB40D8B9AD1740141A7B18", "header": "Additional authority to vary Space Force end strength" }, { "text": "411. End strengths for Selected Reserve \n(a) In general \nThe Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows: (1) The Army National Guard of the United States, 336,000. (2) The Army Reserve, 189,500. (3) The Navy Reserve, 58,600. (4) The Marine Corps Reserve, 36,800. (5) The Air National Guard of the United States, 108,300. (6) The Air Force Reserve, 70,300. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions \nThe end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases \nWhenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.", "id": "H060030ACB8D94A88A3C8D33DD48590E4", "header": "End strengths for Selected Reserve" }, { "text": "412. End strengths for Reserves on active duty in support of the reserves \nWithin the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2022, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 30,845. (2) The Army Reserve, 16,511. (3) The Navy Reserve, 10,293. (4) The Marine Corps Reserve, 2,386. (5) The Air National Guard of the United States, 25,333. (6) The Air Force Reserve, 6,003.", "id": "HE678F92E640545DEBAF8C076212EB93E", "header": "End strengths for Reserves on active duty in support of the reserves" }, { "text": "413. End strengths for military technicians (dual status) \n(a) In general \nThe minimum authorized number of military technicians (dual status) as of the last day of fiscal year 2022 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 6,492. (3) For the Air National Guard of the United States, 10,994. (4) For the Air Force Reserve, 7,111. (b) Limitation on number of temporary military technicians (dual status) \nThe number of temporary military technicians (dual-status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection. (c) Limitation \nUnder no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active Guard and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual's position.", "id": "H442ED29A97E341C7B30E20D03B16B17E", "header": "End strengths for military technicians (dual status)" }, { "text": "414. Maximum number of reserve personnel authorized to be on active duty for operational support \nDuring fiscal year 2022, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000.", "id": "H83EAA496AAB04A439BF5218C5A4675A3", "header": "Maximum number of reserve personnel authorized to be on active duty for operational support" }, { "text": "415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths \nSection 115(b)(2)(B) of title 10, United States Code, is amended by striking 1095 days in the previous 1460 days and inserting 1825 days in the previous 2190 days.", "id": "HE5BA0F14AE8A42E6876D1F4D088ABDF9", "header": "Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths" }, { "text": "421. Military personnel \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. (b) Construction of authorization \nThe authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2022.", "id": "H957559BC35D0447D940340836F076BC7", "header": "Military personnel" }, { "text": "501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements \n(a) Authority on and before December 31, 2022 \nSection 526 of title 10, United States Code, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Transfer of authorizations among the military services \n(1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title, and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense, if each appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. (3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526a(i)(1) of this title, may not exceed 15 at any one time. (4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of— (A) such increase; and (B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.. (b) Authority after December 31, 2022 \nSection 526a of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Transfer of authorizations among the military services \n(1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. (3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time. (4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of— (A) such increase; and (B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced..", "id": "H631E34F2EBC04493B6F218996912810D", "header": "Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements" }, { "text": "502. Time in grade requirements \nSection 619(a) of title 10, United States Code, is amended— (1) in paragraph (2), by striking paragraph (4) and inserting paragraph (5) ; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the following new paragraph: (4) When the needs of the service require, the Secretary of the military department concerned may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies..", "id": "HF7AEAE7309EB406989B675632EE2F48B", "header": "Time in grade requirements" }, { "text": "503. Authority to vary number of Space Force officers considered for promotion to major general \n(a) In general \nNotwithstanding section 616(d) of title 10, United States Code, the number of officers recommended for promotion by a selection board convened by the Secretary of the Air Force under section 611(a) of title 10, United States Code, to consider officers on the Space Force active duty list for promotion to major general may not exceed the number equal to 95 percent of the total number of brigadier generals eligible for consideration by the board. (b) Termination \nThe authority provided under subsection (a) shall terminate on December 31, 2022.", "id": "H103185946ACC4E1C893E863B8BA8E7C6", "header": "Authority to vary number of Space Force officers considered for promotion to major general" }, { "text": "504. Seaman to Admiral-21 program: credit towards retirement \n(a) Credit \nFor each participant in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 for whom the Secretary of the Navy cannot find evidence of an acknowledgment that, before entering a baccalaureate degree program, service during the baccalaureate degree program would not be included when computing years of service for retirement, the Secretary shall include service during the baccalaureate degree program when computing— (1) years of service; and (2) retired or retainer pay. (b) Report required \nThe Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the number of participants credited with service under subsection (a). (c) Deadline \nThe Secretary shall carry out this section not later than 180 days after the date of the enactment of this Act.", "id": "H761463FAA9D44E698F9D42FD11847D01", "header": "Seaman to Admiral-21 program: credit towards retirement" }, { "text": "505. Independent assessment of retention of female surface warfare officers \n(a) In general \nThe Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center independent of the Department of Defense to conduct research and analysis on the gender gap in retention of surface warfare officers in the Navy. (b) Elements \nThe research and analysis conducted under subsection (a) shall include consideration of the following: (1) Demographics of surface warfare officers, disaggregated by gender, including— (A) race; (B) ethnicity; (C) socioeconomic status; (D) marital status (including whether the spouse is a member of the Armed Forces and, if so, the length of service of such spouse); (E) whether the officer has children (including number and age or ages of children); (F) whether an immediate family member serves or has served as a member of the Armed Forces; and (G) the percentage of such officers who— (i) indicate an intent to complete only an initial service agreement; and (ii) complete only an initial service agreement. (2) Whether there is a correlation between the number of female surface warfare officers serving on a vessel and responses of such officers to command climate surveys. (3) An anonymous but traceable study of command climate results to— (A) correlate responses from particular female surface warfare officers with resignation; and (B) compare attitudes of first-tour and second-tour female surface warfare officers. (4) Recommendations based on the findings under paragraphs (1), (2), and (3). (c) Reports \n(1) In general \nNot later than 270 days after the date on which a nonprofit entity or federally funded research and development center enters into an agreement under subsection (a) with the Secretary of Defense, such entity or center shall submit to the Secretary of Defense a report on the results of the research and analysis under subsection (a). (2) Submission to Congress \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees each of the following: (A) A copy of the report submitted under paragraph (1) without change. (B) Any comments, changes, recommendations, or other information provided by the Secretary of Defense relating to the research and analysis under subsection (a) and contained in such report.", "id": "H1E87E952C22D4FAA832223117E4A26DB", "header": "Independent assessment of retention of female surface warfare officers" }, { "text": "506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N) \n(a) In general \nThe Secretary of the Air Force shall submit to the congressional defense committees a report on personnel performing the duties of a Nuclear and Missile Operations Officer (13N)— (1) not later than 90 days after the date of the enactment of this Act; and (2) concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to section 1105(a) of title 31, United States Code. (b) Elements \nEach report required by subsection (a) shall include the following: (1) The number of Nuclear and Missile Operations Officers commissioned, by commissioning source, during the most recent fiscal year that ended before submission of the report. (2) A description of the rank structure and number of such officers by intercontinental ballistic missile operational group during that fiscal year. (3) The retention rate of such officers by intercontinental ballistic missile operational group during that fiscal year and an assessment of reasons for any loss in retention of such officers. (4) A description of the rank structure and number of officers by intercontinental ballistic missile operational group performing alert duties by month during that fiscal year. (5) A description of the structure of incentive pay for officers performing 13N duties during that fiscal year. (6) A personnel manning plan for managing officers performing alert duties during the period of five fiscal years after submission of the report. (7) A description of methods, with metrics, to manage the transition of Nuclear and Missile Operations Officers, by intercontinental ballistic missile operational group, to other career fields in the Air Force. (8) Such other matters as the Secretary considers appropriate to inform the congressional defense committees with respect to the 13N career field during the period of five to ten fiscal years after submission of the report.", "id": "H0E516B227E0F43EEB9DDA2B97E2110E6", "header": "Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N)" }, { "text": "511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences \nSection 2036(g)(2) of title 10, United States Code, is amended— (1) by redesignating subparagraphs (J) through (M) as subparagraphs (K) through (N), respectively; and (2) by inserting after subparagraph (I) the following new subparagraph: (J) quantum information sciences;.", "id": "H2627F6A7913A4318B3E53742DE86609B", "header": "Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences" }, { "text": "512. Prohibition on private funding for interstate deployment of National Guard \n(a) Prohibition \nChapter 3 of title 32, United States Code, is amended by adding at the end the following new section: 329. Prohibition on private funding for interstate deployment A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ).. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 329. Prohibition on private funding for interstate deployment..", "id": "HCEE12A0467A54A55A54E8C4816B05321", "header": "Prohibition on private funding for interstate deployment of National Guard" }, { "text": "329. Prohibition on private funding for interstate deployment A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ).", "id": "H365A5DD03124488AABF8CE5A09300636", "header": null }, { "text": "513. Access to Tour of Duty system \n(a) Access \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device. (2) Exception \nThe Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States. (b) Tour of Duty system defined \nIn this Act, the term Tour of Duty system means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as Tour of Duty , or any successor to such system.", "id": "H9588396686AB4683AEB1BCDA8721B55F", "header": "Access to Tour of Duty system" }, { "text": "514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard \nNot later than September 30, 2022, the Secretary of Defense shall implement recommendations of the Secretary described in section 519C(a)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).", "id": "H10F8D18310614C0EA9AC740FFC88DC5F", "header": "Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard" }, { "text": "515. Continued National Guard support for FireGuard program \nUntil September 30, 2026, the Secretary of Defense shall continue to support the FireGuard program with personnel of the California National Guard to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires.", "id": "H8B91B88824334C3DB0466DE7E1075A2A", "header": "Continued National Guard support for FireGuard program" }, { "text": "516. Enhancement of National Guard Youth Challenge Program \n(a) Authority \nDuring fiscal year 2022, the Secretary of Defense may provide assistance to a National Guard Youth Challenge Program of a State— (1) in addition to assistance under subsection (d) of section 509 of title 32, United States Code; (2) that is not subject to the matching requirement under such subsection; and (3) for— (A) new program start-up costs; or (B) a workforce development program. (b) Limitations \n(1) Matching \nThe Secretary may not provide additional assistance under this section to a State that does not comply with the fund matching requirement under such subsection regarding assistance under such subsection. (2) Total assistance \nTotal assistance under this section to all States may not exceed $5,000,000 of the funds appropriated for the National Guard Youth Challenge Program for fiscal year 2022. (c) Reporting \nAny assistance provided under this section shall be included in the annual report under subsection (k) of section 509 of such title.", "id": "H4112579BEC9F4D208B8FCE95C588FE3C", "header": "Enhancement of National Guard Youth Challenge Program" }, { "text": "517. Report on methods to enhance support from the reserve components in response to catastrophic incidents \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the appropriate congressional committees a report that includes— (1) a detailed examination of the policy framework for the reserve components, consistent with existing authorities, to provide support to other Federal agencies in response to catastrophic incidents; (2) identify major statutory or policy impediments to such support; and (3) recommendations for legislation as appropriate. (b) Contents \nThe report submitted under this section shall include a description of— (1) the assessment of the Secretary, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding— (A) the sufficiency of current authorities for the reimbursement of reserve component personnel during catastrophic incidents under title 10 and title 32, United States Code; and (B) specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or use of such authorities degrades the effectiveness of the Disaster Relief Fund; (2) the plan of the Secretary to ensure there is parallel and consistent policy in the application of the authorities granted under section 12304a of title 10, United States Code, and section 502(f) of title 32, United States Code, including— (A) a description of the disparities between benefits and protections under Federal law versus State active duty; (B) recommended solutions to achieve parity at the Federal level; and (C) recommended changes at the State level, if appropriate; (3) the plan of the Secretary to ensure there is parity of benefits and protections for members of the Armed Forces employed as part of the response to catastrophic incidents under title 32 or title 10, United States Code, and recommendations for addressing shortfalls; and (4) a review, by the Federal Emergency Management Agency, of the current policy for, and an assessment of the sufficiency of, reimbursement authority for the use of the reserve components, both to the Department of Defense and to the States, during catastrophic incidents, including any policy and legal limitations, and cost assessment impact on Federal funding. (c) Definitions \nIn this section: (1) The term appropriate congressional committees means the following: (A) The congressional defense committees; (B) The Committee on Homeland Security of the House of Representatives. (C) The Committee on Homeland Security and Governmental Affairs of the Senate. (D) The Committee on Transportation and Infrastructure of the House of Representatives. (E) The Committee on Commerce, Science, and Transportation of the Senate. (2) The term catastrophic incident has the meaning given that term in section 501 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 6 U.S.C. 311 ).", "id": "H1E47D33998494F27AF81C94300F61C2E", "header": "Report on methods to enhance support from the reserve components in response to catastrophic incidents" }, { "text": "518. Study on reapportionment of National Guard force structure based on domestic responses \n(a) Study \nThe Secretary of Defense shall conduct a study to determine whether to reapportion the current force structure of the National Guard based on wartime and domestic response requirements. The study shall include the following elements: (1) An assessment of how domestic response missions affect recruitment and retention of qualified personnel, especially in States— (A) with the lowest ratios of National Guard members to the general population; and (B) that are most prone to natural disasters. (2) An assessment of how domestic response missions affect the ability of the National Guard of a State to ability to staff, equip, and ready a unit for its Federal missions. (3) A comparison of the costs of a response to a domestic incident in a State with— (A) units of the National Guard of such State; and (B) units of the National Guards of other States pursuant to an emergency management assistance compact. (4) Based on the recommendations in the 2021 report of the National Guard Bureau titled Impact of U.S. Population Trends on National Guard Force Structure , an assessment of— (A) challenges to recruiting members of the National Guard; (B) allocating mission sets to other geographic regions; (C) the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements; (D) the availability of training ranges for Federal missions; (E) the availability of transportation and other support infrastructure; and (F) the cost of operation in each State. (5) In light of the limited authority of the President under section 104(c) of title 32, United States Code, an assessment of whether the number of members of the National Guard is sufficient to reapportion force structure to meet the requirements of domestic responses and shifting populations. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under subsection (a). (c) State defined \nIn this section, the term State includes the various States and Territories, the Commonwealth of Puerto Rico, and the District of Columbia.", "id": "HDA3725EBC44D4B329FE2A1991DD27FA2", "header": "Study on reapportionment of National Guard force structure based on domestic responses" }, { "text": "519. Briefing on Junior Reserve Officers’ Training Corps program \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the Junior Reserve Officers’ Training Corps programs of each Armed Force. The briefing shall include— (1) an assessment of the current usage of the program, including the number of individuals enrolled in the program, the demographic information of individuals enrolled in the program, and the number of units established under the program; (2) a description of the efforts of the Armed Forces to meet current enrollment targets for the program; (3) an explanation of the reasons such enrollment targets have not been met, if applicable; (4) a description of any obstacles preventing the Armed Forces from meeting such enrollment targets; (5) a comparison of the potential benefits and drawbacks of expanding the program; and (6) a description of program-wide diversity and inclusion recruitment and retention efforts.", "id": "HD808F4442C1F458C959E9550C853CA34", "header": "Briefing on Junior Reserve Officers’ Training Corps program" }, { "text": "521. Reduction in service commitment required for participation in career intermission program of a military department \nSection 710(c)(3) of title 10, United States Code, is amended by striking two months and inserting one month.", "id": "H24D1D8474F164D33A90682B1152440C8", "header": "Reduction in service commitment required for participation in career intermission program of a military department" }, { "text": "522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall take the following steps regarding military accessions in each Armed Force under the jurisdiction of the Secretary of a military department: (1) Assess the prescribed medical standards for appointment as an officer, or enlistment as a member, in such Armed Force. (2) Determine how to update the medical screening processes for appointment or enlistment. (3) Determine how to standardize operations across the military entrance processing stations. (4) Determine how to improve aptitude testing methods and standardized testing requirements. (5) Determine how to improve the waiver process for individuals who do not meet medical standards for accession. (6) Determine, by reviewing data from calendar years 2017 through 2021, whether military accessions (including such accessions pursuant to waivers) vary, by geographic region. (7) Determine, by reviewing data from calendar years 2017 through 2021, whether access to military health records has suppressed the number of such military accessions, authorized Secretaries of the military departments, by— (A) children of members of such Armed Forces; (B) retired members of such Armed Forces; or (C) recently separated members of such Armed Forces. (8) Implement improvements determined under paragraphs (1) through (7). (b) Briefing \nNot later than one year after the date of the enactment of this Act, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on the results of carrying out this section and recommendations regarding legislation the Secretary determines necessary to improve such military accessions.", "id": "H7EA14B57E16549928683F9F03070CB8A", "header": "Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments" }, { "text": "523. Notice program relating to options for naturalization \n(a) Upon enlistment \nThe Secretary of each military department shall prescribe regulations that ensure that a military recruit, who is not a citizen of the United States, receives proper notice of options for naturalization under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) Such notice shall inform the recruit of existing programs or services that may aid in the naturalization process of such recruit. (b) Upon separation \nThe Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall provide to a member of the Armed Forces who is not a citizen of the United States, upon separation of such member, notice of options for naturalization under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) Such notice shall inform the member of existing programs or services that may aid in the naturalization process of such member.", "id": "H88814773AFD64116957E073BAE233B03", "header": "Notice program relating to options for naturalization" }, { "text": "524. Appeals to Physical Evaluation Board determinations of fitness for duty \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall incorporate a formal appeals process (including timelines established by the Secretary of Defense) into the policies and procedures applicable to the implementation of the Integrated Disability Evaluation System of the Department of Defense. The appeals process shall include the following: (1) The Secretary concerned shall ensure that a member of the Armed Forces may submit a formal appeal made with respect to determinations of fitness for duty to a Physical Evaluation Board of such Secretary. (2) The appeals process shall include, at the request of such member, an impartial hearing on a fitness for duty determination to be conducted by the Secretary concerned. (3) Such member shall have the option to be represented at a hearing by legal counsel.", "id": "H511533EC5F3A4086A0F74FFBF39FE27D", "header": "Appeals to Physical Evaluation Board determinations of fitness for duty" }, { "text": "525. Command oversight of military privatized housing as element of performance evaluations \n(a) Evaluations in general \nEach Secretary of a military department shall ensure that the performance evaluations of any individual described in subsection (b) under the jurisdiction of such Secretary provides for an assessment of the extent to which such individual has or has not exercised effective oversight and leadership in the following: (1) Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. (2) Addressing concerns with respect to such housing of members of the Armed Forces and their families who reside in such housing on an installation of the military department concerned. (b) Covered individuals \nThe individuals described in this subsection are as follows: (1) The commander of an installation of a military department at which on-installation housing is managed by a landlord of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. (2) Each officer or senior enlisted member of the Armed Forces at an installation described in paragraph (1) whose duties include facilities or housing management at such installation. (3) Any other officer or enlisted member of the Armed Forces (whether or not at an installation described in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section.", "id": "HD05D90C08DBC4C5782863EEA9965AE26", "header": "Command oversight of military privatized housing as element of performance evaluations" }, { "text": "526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States \n(a) Study; report \nNot later than September 30, 2022, the Secretary of Defense shall— (1) conduct a feasibility study regarding the establishment of a standard record of housing history for members of the Armed Forces who reside in covered housing; and (2) submit to the appropriate congressional committees a report on the results of such study. (b) Contents \nA record described in subsection (a) includes, with regards to each period during which the member concerned resided in covered housing, the following: (1) The assessment of the commander of the military installation in which such housing is located, of the condition of such covered housing— (A) prior to the beginning of such period; and (B) in which the member concerned left such covered housing upon vacating such covered housing. (2) Contact information a housing provider may use to inquire about such a record. (c) Online access \nA record described in subsection (a) would be accessible through a website, maintained by the Secretary of the military department concerned, through which a member of the Armed Forces under the jurisdiction of such Secretary may access such record of such member. (d) Issuance \nThe Secretary concerned would issue a copy of a described in subsection (a) to the member concerned upon the separation, retirement, discharge, or dismissal of such member from the Armed Forces, with the DD Form 214 for such member. (e) Definitions \nIn this section: (1) The term appropriate congressional committees means the following: (A) The Committee on Armed Services of the House of Representatives. (B) The Committee on Armed Services of the Senate. (C) The Committee on Transportation and Infrastructure of the House of Representatives. (D) The Committee on Commerce, Science, and Transportation of the Senate. (2) The term covered housing means housing provided by the United States to a member of the Armed Forces.", "id": "H3C3E14E560054E3A8FBA4443B62230D5", "header": "Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States" }, { "text": "527. Enhancements to national mobilization exercises \n(a) Inclusion of processes of Selective Service System \nSection 10208 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) (1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every five years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for induction of personnel into the armed forces under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), and submit to Congress a report on the results of this exercise and evaluation. The report may be submitted in classified form. (2) The exercise under this subsection— (A) shall include a review of national mobilization strategic and operational concepts; and (B) shall include a simulation of a mobilization of all armed forces and reserve units, with plans and processes for incorporating Selective Service System inductees.. (b) Briefing; report \n(1) Briefing \nNot later than 180 days after the date on which the Secretary of Defense conducts the first mobilization exercise under section 10208 of title 10, United States Code, after the date of the enactment of this Act, the Secretary shall provide to the Committees of Armed Services of the Senate and House of Representatives a briefing on— (A) the status of the review and assessments conducted pursuant to subsection (c) of such section, as added by subsection (a); and (B) any interim recommendations of the Secretary. (2) Report \nNot later than two years after the date on which the Secretary conducts the first mobilization exercise as described in paragraph (1), the Secretary shall submit to the Committees of Armed Services of the Senate and House of Representatives a report that contains the following: (A) A review of national mobilization strategic and operational concepts. (B) A simulation of a mobilization of all Armed Forces and reserve units, with plans and processes for incorporating Selective Service System inductees. (C) An assessment of the Selective Service system in the current organizational form. (D) An assessment of the Selective Service System as a peace-time registration system. (E) Recommendations with respect to the challenges, opportunities, cost, and timelines regarding the assessments described in subparagraphs (C) and (D).", "id": "H3C7D7A4872DA4FEDB4253E1A63425BDD", "header": "Enhancements to national mobilization exercises" }, { "text": "528. Temporary exemption from end strength grade restrictions for the Space Force \n(a) Exemption \nSections 517 and 523 of title 10, United States Code, shall not apply to the Space Force until January 1, 2023. (b) Submittal \nNot later than April 1, 2022, the Secretary of the Air Force shall establish and submit to the Committees on Armed Services for the Senate and House of Representatives for inclusion in the National Defense Authorization Act for fiscal year 2023, the number of officers who— (1) may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel; and (2) may not, as of the end of such fiscal year, exceed a number determined in accordance with section 523(a)(1) of such title.", "id": "HD1E4CAB0E5D4418EA9F95DF7F1123956", "header": "Temporary exemption from end strength grade restrictions for the Space Force" }, { "text": "529. Report on exemptions and deferments for a possible military draft \nNot later than 120 days after the date of the enactment of this Act, the Director of the Selective Service System, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall submit to Congress a report providing a review of exemptions and deferments from registration, training, and service under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ).", "id": "HBF65416D9C2D436FB315C3CAB0FCD5FA", "header": "Report on exemptions and deferments for a possible military draft" }, { "text": "529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act, the Director of the Selective Service System shall submit to the appropriate committees of Congress a report setting forth the results of a review of the processes and procedures employed by agencies across the Federal Government for the appeal by individuals of a denial of status or benefits under Federal law for failure to register for selective service under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ). (b) Consultation \nThe Director of the Selective Service System shall carry out this section in consultation with the Secretary of Homeland Security, the Secretary of Education, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies. (c) Elements \nThe report required by subsection (a) shall include the following: (1) A description and assessment of the various appeals processes and procedures described in subsection (a), including— (A) a description of such processes and procedures; and (B) an assessment of— (i) the adequacy of notice provided for appeals under such processes and procedures; (ii) the fairness of each such process and procedure; (iii) the ease of use of each such process and procedure; (iv) consistency in the application of such processes and procedures across the Federal Government; and (v) the applicability of an appeal granted by one Federal agency under such processes and procedures to the actions and decisions of another Federal agency on a similar appeal. (2) Information on the number of waivers requested, and the number of waivers granted, during the 15-year period ending on the date of the enactment of this Act in connection with denial of status or benefits for failure to register for selective service. (3) An analysis and assessment of the recommendations of the National Commission on Military, National, and Public Service for reforming the rules and policies concerning failure to register for selective service. (4) Such recommendations for legislative or administrative action as the Director of the Selective Service System, and the consulting officers pursuant to subsection (b), consider appropriate in light of the review conducted pursuant to subsection (a). (5) Such other matters in connection with the review conducted pursuant to subsection (a) as the Director considers appropriate. (d) Appropriate committees of Congress defined \nIn this section, the term appropriate committee of Congress means— (1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives.", "id": "HE51F5DD771A945E0A84957287AD69964", "header": "Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service" }, { "text": "529B. Study and report on administrative separation boards \n(a) In general \nThe Comptroller General of the United States shall conduct a study on the use of administrative separation boards within the Armed Forces. (b) Elements \nThe study under subsection (a) shall evaluate— (1) the process each Armed Force uses to convene administrative separation boards, including the process used to select the board president, the recorder, the legal advisor, and board members; and (2) the effectiveness of the operations of such boards. (c) Report \nNot later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a).", "id": "H39FF98EA07004C9EA659DC9F18E1CD2C", "header": "Study and report on administrative separation boards" }, { "text": "531. Special trial counsel \n(a) In general \nSubchapter V of chapter 47 of title 10, United States Code, is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section: 824a. Art 24a. Special trial counsel \n(a) Detail of special trial counsel \nEach Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel. (b) Qualifications \nA special trial counsel shall be a commissioned officer who— (1) (A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and (B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by— (i) the Judge Advocate General of the armed force of which the officer is a member; or (ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and (2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7. (c) Duties and authorities \n(1) In general \nSpecial trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation. (2) Determination of covered offense; related charges \n(A) Authority \nA special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. (B) Known and related offenses \nIf a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. (3) Dismissal; referral; plea bargains \nSubject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter— (A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; (B) refer the charges and specifications for trial by a special or general court-martial; (C) enter into a plea agreement; and (D) determine if an ordered rehearing is impracticable. (4) Binding determination \nThe determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. (5) Deferral to commander or convening authority \nIf a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial.. (b) Table of sections amendment \nThe table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 824 (article 24) the following new item: 824a. Art 24a. Special trial counsel.. (c) Report required \n(1) In general \nNot later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plan of the Secretary for detailing officers to serve as special trial counsel pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by subsection (a) of this section). (2) Elements \nEach report under paragraph (1) shall include the following— (A) The plan of the Secretary concerned— (i) for staffing billets for— (I) special trial counsel who meet the requirements set forth in section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by subsection (a) of this section); and (II) defense counsel for cases involving covered offenses; and (ii) for supporting and ensuring the continuing professional development of military justice practitioners. (B) An estimate of the resources needed to implement such section 824a (article 24a). (C) An explanation of other staffing required to implement such section 824a (article 24a), including staffing levels required for military judges, military magistrates, military defense attorneys, and paralegals and other support staff. (D) A description of how the use of special trial counsel will affect the military justice system as a whole. (E) A description of how the Secretary concerned plans to place appropriate emphasis and value on litigation experience for judge advocates in order to ensure judge advocates are experienced, prepared, and qualified to handle covered offenses, both as special trial counsel and as defense counsel. Such a description shall address promotion considerations and explain how the Secretary concerned plans to instruct promotion boards to value litigation experience. (F) Any additional resources, authorities, or information that each Secretary concerned deems relevant or important to the implementation of the requirements of this title. (3) Definitions \nIn this subsection— (A) The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code. (B) The term covered offense has the meaning given that term in section 801(17) of title 10, United States Code (as added by section 533 of this part).", "id": "H5A52105784AB4E02BFDF3A3927EDBD29", "header": "Special trial counsel" }, { "text": "824a. Art 24a. Special trial counsel \n(a) Detail of special trial counsel \nEach Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel. (b) Qualifications \nA special trial counsel shall be a commissioned officer who— (1) (A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and (B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by— (i) the Judge Advocate General of the armed force of which the officer is a member; or (ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and (2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7. (c) Duties and authorities \n(1) In general \nSpecial trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation. (2) Determination of covered offense; related charges \n(A) Authority \nA special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. (B) Known and related offenses \nIf a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. (3) Dismissal; referral; plea bargains \nSubject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter— (A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; (B) refer the charges and specifications for trial by a special or general court-martial; (C) enter into a plea agreement; and (D) determine if an ordered rehearing is impracticable. (4) Binding determination \nThe determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. (5) Deferral to commander or convening authority \nIf a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial.", "id": "HB65DBDC1DAE64732AFEF324FB0465B05", "header": "Special trial counsel" }, { "text": "532. Policies with respect to special trial counsel \n(a) In general \nChapter 53 of title 10, United States Code, is amended by inserting after section 1044e the following new section: 1044f. Policies with respect to special trial counsel \n(a) Policies required \nThe Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall— (1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; (2) provide for the appointment of one lead special trial counsel, who shall— (A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; (B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and (C) report directly to the Secretary concerned, without intervening authority; (3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office— (A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and (B) conduct assigned activities free from unlawful or unauthorized influence or coercion; (4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and (5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. (b) Uniformity \nThe Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure. (c) Military service defined \nIn this section, the term military service means the Army, Navy, Air Force, Marine Corps, and Space Force.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1044e the following new item: 1044f. Policies with respect to special trial counsel.. (c) Quarterly briefing \nBeginning not later than 180 days after the date of the enactment of this Act, and at the beginning of each fiscal quarter thereafter until the policies established pursuant to section 1044f(a) of title 10, United States Code (as added by subsection (a)) and the mechanisms and procedures to which they apply are fully implemented and operational, the Secretary of Defense and the Secretaries of the military departments shall jointly provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing detailing the actions taken and progress made by the Office of the Secretary of Defense and each of the military departments in meeting the milestones established as required by such section.", "id": "H9EB00194914F489E8B1EEEAC62319255", "header": "Policies with respect to special trial counsel" }, { "text": "1044f. Policies with respect to special trial counsel \n(a) Policies required \nThe Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall— (1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; (2) provide for the appointment of one lead special trial counsel, who shall— (A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; (B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and (C) report directly to the Secretary concerned, without intervening authority; (3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office— (A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and (B) conduct assigned activities free from unlawful or unauthorized influence or coercion; (4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and (5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. (b) Uniformity \nThe Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure. (c) Military service defined \nIn this section, the term military service means the Army, Navy, Air Force, Marine Corps, and Space Force.", "id": "H1C244A7A5D0E45D3B1924F8FE8FB3076", "header": "Policies with respect to special trial counsel" }, { "text": "533. Definition of military magistrate, covered offense, and special trial counsel \nSection 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended— (1) by inserting after paragraph (10) the following new paragraph: (11) The term military magistrate means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a). ; and (2) by adding at the end the following new paragraphs: (17) The term covered offense means— (A) an offense under section 917a (article 117a), section 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 925 (article 125), section 928b (article 128b), section 930 (article 130), section 932 (article 132), or the standalone offense of child pornography punishable under section 934 (article 134) of this title; (B) a conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81); (C) a solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82); or (D) an attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80). (18) The term special trial counsel means a judge advocate detailed as a special trial counsel in accordance with section 824a of this title (article 24a) and includes a judge advocate appointed as a lead special trial counsel pursuant to section 1044f(a)(2) of this title..", "id": "H1317B7007EC845128FF389AE32BAF2A8", "header": "Definition of military magistrate, covered offense, and special trial counsel" }, { "text": "534. Clarification relating to who may convene courts-martial \n(a) General courts-martial \nSection 822(b) of title 10, United States Code (article 22(b) of the Uniform Code of Military Justice), is amended— (1) by striking If any and inserting (1) If any ; and (2) by adding at the end the following new paragraph: (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.. (b) Special courts-martial \nSection 823(b) of title 10, United States Code (article 23(b) of the Uniform Code of Military Justice), is amended— (1) by striking If any and inserting (1) If any ; and (2) by adding at the end the following new paragraph: (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter..", "id": "H904E8E6CB7C04FD399FA142419052A02", "header": "Clarification relating to who may convene courts-martial" }, { "text": "535. Detail of trial counsel \nSection 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: (e) For each general and special court-martial for which charges and specifications were referred by a special trial counsel— (1) a special trial counsel shall be detailed as trial counsel; and (2) a special trial counsel may detail other trial counsel as necessary who are judge advocates..", "id": "HABEE019ADCEB45DCBDFC394D14D770AC", "header": "Detail of trial counsel" }, { "text": "536. Preliminary hearing \n(a) Detail of hearing officer; waiver \nSubsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended— (1) in subparagraph (A), by striking hearing officer and all that follows through the period at the end and inserting hearing officer detailed in accordance with subparagraph (C). ; (2) in subparagraph (B), by striking written waiver and all that follows through the period at the end and inserting the following: written waiver to— (i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and (ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with section 824a of this title (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required. ; and (3) by adding at the end the following new subparagraph: (C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer. (ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.. (b) Report of preliminary hearing officer \nSubsection (c) of such section is amended— (1) in the heading, by inserting or special trial counsel after convening authority ; and (2) in the matter preceding paragraph (1) by striking to the convening authority and inserting to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel,.", "id": "H6433B2625E814274BD94D98B51F9E90D", "header": "Preliminary hearing" }, { "text": "537. Advice to convening authority before referral for trial \nSection 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended— (1) in subsection (a)(1), by striking Before referral and inserting Subject to subsection (c), before referral (2) in subsection (b), by striking Before referral and inserting Subject to subsection (c), before referral ; (3) by redesignating subsections (c) and (d) as subsections (d) and (e) respectively; (4) by inserting after subsection (b) the following new subsection: (c) Covered offenses \nA referral to a general or special court-martial for trial of charges and specifications over which a special trial counsel exercises authority may only be made— (1) by a special trial counsel, subject to a special trial counsel’s written determination accompanying the referral that— (A) each specification under a charge alleges an offense under this chapter; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense; or (2) in the case of charges and specifications that do not allege a covered offense and as to which a special trial counsel declines to prefer or, in the case of charges and specifications preferred by a person other than a special trial counsel, refer charges, by the convening authority in accordance with this section. ; and (5) in subsection (e), as so redesignated, by inserting or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 824a of this title (article 24a), a special trial counsel, after convening authority.", "id": "H908CE16688614E90AE890ED0B3D1913C", "header": "Advice to convening authority before referral for trial" }, { "text": "538. Former jeopardy \nSection 844(c) of title 10, United States Code (article 44(c) of the Uniform Code of Military Justice), is amended by inserting or the special trial counsel after the convening authority each place it appears.", "id": "H4AA098D6604946C49B57C0B16C08D071", "header": "Former jeopardy" }, { "text": "539. Plea agreements \n(a) Authority to enter into agreements \nSubsection (a) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), is amended— (1) in paragraph (1), by striking At any time and inserting Subject to paragraph (3), at any time ; and (2) by adding at the end the following new paragraph: (3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).. (b) Binding effect \nSubsection (d) of such section (article) is amended by inserting after parties the following: (including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3)).", "id": "H9F59E21211F24B3E81E8FFE062652C17", "header": "Plea agreements" }, { "text": "539A. Determinations of impracticability of rehearing \n(a) Transmittal and review of records \nSection 865(e)(3)(B) of title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of Military Justice), is amended— (1) by striking impractical.—If the Judge Advocate General and inserting the following: impracticable.— (i) In general \nSubject to clause (ii), if the Judge Advocate General ; (2) by striking impractical and inserting impracticable ; and (3) by adding at the end the following new clause: (ii) Cases referred by special trial counsel \nIf a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (b) Courts of criminal appeals \nSection 866(f)(1)(C) of title 10, United States Code (article 66(f)(1)(C) of the Uniform Code of Military Justice), is amended— (1) by striking impracticable.—If the Court of Criminal Appeals and inserting the following: “ Impracticable.— (i) In general \nSubject to clause (ii), if the Court of Criminal Appeals ; and (2) by adding at the end the following new clause: (ii) Cases referred by special trial counsel \nIf a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (c) Review by the court of appeals for the armed forces \nSection 867(e) of title 10, United States Code (article 67(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: Notwithstanding the preceding sentence, if a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (d) Review by Judge Advocate General \nSection 869(c)(1)(D) of title 10, Untied States Code (article 69(c)(1)(D) of the Uniform Code of Military Justice), is amended— (1) by striking If the Judge Advocate General and inserting (i) Subject to clause (ii), if the Judge Advocate General ; (2) by striking impractical and inserting impracticable ; and (3) by adding at the end the following new clause: (ii) If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines..", "id": "HF1A6A88BC35E42EE983A1E15935AE9A7", "header": "Determinations of impracticability of rehearing" }, { "text": "539B. Applicability to the United States Coast Guard \nThe Secretary of Defense shall consult and enter into an agreement with the Secretary of Homeland Security to apply the provisions of this part and the amendments made by this part, and the policies, mechanisms, and processes established pursuant to such provisions, to the United States Coast Guard when it is operating as a service in the Department of Homeland Security.", "id": "H9A36AA8E75C3469881DBCF6751932547", "header": "Applicability to the United States Coast Guard" }, { "text": "539C. Effective date \n(a) In general \nExcept as provided in subsection (b), the amendments made by this part shall take effect on the date that is two years after the date of the enactment of this Act and shall apply with respect to offenses that occur after that date. (b) Regulations \n(1) Requirement \nThe President shall prescribe regulations to carry out this part not later than two years after the date of the enactment of this Act. (2) Impact of delay of issuance \nIf the President does not prescribe the regulations necessary to carry out this part before the date that is two years after the date of the enactment of this Act, the amendments made by this part shall take effect on the date on which such regulations are prescribed and shall apply with respect to offenses that occur on or after that date.", "id": "HAF2091532AF345369F13C72F1CB8E3C5", "header": "Effective date" }, { "text": "539D. Inclusion of sexual harassment as general punitive article \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, the President shall— (1) prescribe regulations establishing sexual harassment, as described in this section, as an offense punishable under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice); and (2) revise the Manual for Courts-Martial to include such offense. (b) Elements of offense \nThe regulations and the revisions to the Manual for Courts-Martial required under subsection (a) shall provide that the required elements constituting the offense of sexual harassment are— (1) that the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature; (2) that such conduct was unwelcome; (3) that, under the circumstances, such conduct— (A) would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of that person’s job, pay, career, benefits, or entitlements; (B) would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements; or (C) was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and (4) that, under the circumstances, the conduct of the accused was— (A) to the prejudice of good order and discipline in the armed forces; (B) of a nature to bring discredit upon the armed forces; or (C) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.", "id": "H678FF449CC71424A807F66392CEDB7B2", "header": "Inclusion of sexual harassment as general punitive article" }, { "text": "539E. Sentencing reform \n(a) Article 53; findings and sentencing \nSection 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), is amended— (1) in subsection (b), by amending paragraph (1) to read as follows: (1) General and special courts-martial \nExcept as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial. ; and (2) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general \nIn a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death— (A) the members shall determine— (i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or (ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and (B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A). ; and (B) in paragraph (2), by striking the court-martial and inserting the military judge. (b) Article 53a; plea agreements \nSection 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as amended by section 539 of this Act, is further amended— (1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) Acceptance of plea agreement \nSubject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that— (1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and (2) in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.. (c) Article 56; sentencing \nSection 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (C)(vii), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) the applicable sentencing parameters or sentencing criteria set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022. ; and (B) by striking paragraphs (2) through (4) and inserting the following new paragraphs: (2) Application of sentencing parameters in general and special courts-martial \n(A) Requirement to sentence within parameters \nExcept as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall sentence the accused for that offense within the applicable parameter. (B) Exception \nThe military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence. (3) Use of sentencing criteria in general and special courts-martial \nIn a general or special court-martial in which the accused is convicted of an offense for which the President has established sentencing criteria pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense. (4) Offense-based sentencing in general and special courts-martial \nIn announcing the sentence under section 853 of this title (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently. (5) Inapplicability to death penalty \nSentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death. (6) Sentence of confinement for life without eligibility for parole \n(A) In general \nIf an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole. (B) Term of confinement \nAn accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused's life unless— (i) the sentence is set aside or otherwise modified as a result of— (I) action taken by the convening authority or the Secretary concerned; or (II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter; (ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or (iii) the accused receives a pardon or another form of Executive clemency. ; and (4) in subsection (d)(1)— (A) in subparagraph (A), by striking or at the end; (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: (B) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the sentence is a result of an incorrect application of the parameter; or ; and (D) in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking , as determined in accordance with standards and procedures prescribed by the President. (d) Article 66; courts of criminal appeals \nSection 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 539A of this Act, is further amended— (1) in subsection (d)(1)(A), by striking the third sentence; and (2) by amending subsection (e) to read as follows: (e) Consideration of sentence \n(1) In general \nIn considering a sentence on appeal, other than as provided in section 856(d) of this title (article 56(d)), the Court of Criminal Appeals may consider— (A) whether the sentence violates the law; (B) whether the sentence is inappropriately severe— (i) if the sentence is for an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022; or (ii) in the case of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, if the sentence is above the upper range of such sentencing parameter; (C) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, whether the sentence is a result of an incorrect application of the parameter; (D) whether the sentence is plainly unreasonable; and (E) in review of a sentence to death or to life in prison without eligibility for parole determined by the members in a capital case under section 853(c) of this title (article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President. (2) Record on appeal \nIn an appeal under this subsection or section 856(d) of this title (article 56(d)), other than review under subsection (b)(2) of this section, the record on appeal shall consist of— (A) any portion of the record in the case that is designated as pertinent by any party; (B) the information submitted during the sentencing proceeding; and (C) any information required by rule or order of the Court of Criminal Appeals.. (e) Establishment of sentencing parameters and sentencing criteria \n(1) In general \nNot later than two years after the date of the enactment of this Act, the President shall prescribe regulations establishing sentencing parameters and sentencing criteria related to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), in accordance with this subsection. Such parameters and criteria— (A) shall cover sentences of confinement; and (B) may cover lesser punishments, as the President determines appropriate. (2) Sentencing parameters \nSentencing parameters established under paragraph (1) shall— (A) identify a delineated sentencing range for an offense that is appropriate for a typical violation of the offense, taking into consideration— (i) the severity of the offense; (ii) the guideline or offense category that would apply to the offense if the offense were tried in a United States district court; (iii) any military-specific sentencing factors; (iv) the need for the sentencing parameter to be sufficiently broad to allow for individualized consideration of the offense and the accused; and (v) any other relevant sentencing guideline. (B) include no fewer than 5 and no more than 12 offense categories; (C) assign such offense under this chapter to an offense category unless the offense is identified as unsuitable for sentencing parameters under paragraph (4)(F)(ii); and (D) delineate the confinement range for each offense category by setting an upper confinement limit and a lower confinement limit. (3) Sentencing criteria \nSentencing criteria established under paragraph (1) shall identify offense-specific factors the military judge should consider and any collateral effects of available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable sentencing parameter for a specific offense. (4) Military sentencing parameters and criteria board \n(A) In general \nThere is established within the Department of Defense a board, to be known as the Military Sentencing Parameters and Criteria Board (referred to in this subsection as the Board ). (B) Voting members \nThe Board shall have 5 voting members, as follows: (i) The 4 chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), except that, if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard may designate as a voting member a judge advocate of the Coast Guard with substantial military justice experience. (ii) A trial judge of the Navy, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Navy. (iii) A trial judge of the Marine Corps, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Marine Corps. (C) Nonvoting members \nThe Chief Judge of the Court of Appeals for the Armed Forces, the Chairman of the Joint Chiefs of Staff, and the General Counsel of the Department of Defense shall each designate one nonvoting member of the Board. The Secretary of Defense may appoint one additional nonvoting member of the Board at the Secretary's discretion. (D) Chair and vice-chair \nThe Secretary of Defense shall designate one voting member as chair of the Board and one voting member as vice-chair. (E) Voting requirement \nAn affirmative vote of at least three members is required for any action of the Board under this subsection. (F) Duties of board \nThe Board shall have the following duties: (i) As directed by the Secretary of Defense, the Board shall submit to the President for approval— (I) sentencing parameters for all offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) (other than offenses that the Board identifies as unsuitable for sentencing parameters in accordance with clause (ii)); and (II) sentencing criteria to be used by military judges in determining appropriate sentences for offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii). (ii) Identify each offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that is unsuitable for sentencing parameters. The Board shall identify an offense as unsuitable for sentencing parameters if— (I) the nature of the offense is indeterminate and unsuitable for categorization; and (II) there is no similar criminal offense under the laws of the United States or the laws of the District of Columbia. (iii) In developing sentencing parameters and criteria, the Board shall consider the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of title 10, United States Code (article 146(f)(2) of the Uniform Code of Military Justice). (iv) In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, reductions, forfeitures, and other lesser punishments authorized under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (v) The Board shall regularly— (I) review, and propose revision to, in consideration of comments and data coming to the Board's attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); and (II) submit to the President, through the Secretary of Defense, proposed amendments to the sentencing parameters and sentencing criteria, together with statements explaining the basis for the proposed amendments. (vi) The Board shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to the sentencing factors and policies set forth in this section. (vii) In fulfilling its duties and in exercising its powers, the Board shall consult authorities on, and individual and institutional representatives of, various aspects of the military criminal justice system. The Board may establish separate advisory groups consisting of individuals with current or recent experience in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and such other groups as the Board deems appropriate. (viii) The Board shall submit to the President, through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to sentencing proceedings and maximum punishments, together with statements explaining the basis for the proposed amendments. (f) Effective date \nThe amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act. (g) Repeal of secretarial guidelines on sentences for offenses committed under the Uniform Code of Military Justice \nSection 537 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed.", "id": "H5966F1E6859F40B7B07F82414BA78017", "header": "Sentencing reform" }, { "text": "539F. Briefing and report on resourcing required for implementation \n(a) Briefing and report required \n(1) Briefing \nNot later than March 1, 2022, each Secretary concerned shall provide to the appropriate congressional committees a briefing that details the resourcing necessary to implement this subtitle and the amendments made by this subtitle. (2) Report \nOn a date occurring after the briefing under paragraph (1), but not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report that details the resourcing necessary to implement this subtitle and the amendments made by this subtitle. (3) Form of briefing and report \nEach Secretary concerned may provide the briefing and report required under paragraphs (1) and (2) jointly, or separately, as determined appropriate by such Secretaries (b) Elements \nThe briefing and report required under subsection (a) shall address the following: (1) The number of additional personnel and personnel authorizations (military and civilian) required by the Armed Forces to implement and execute the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (2) The basis for the number provided pursuant to paragraph (1), including the following: (A) A description of the organizational structure in which such personnel or groups of personnel are or will be aligned. (B) The nature of the duties and functions to be performed by any such personnel or groups of personnel across the domains of policy-making, execution, assessment, and oversight. (C) The optimum caseload goal assigned to the following categories of personnel who are or will participate in the military justice process: criminal investigators of different levels and expertise, laboratory personnel, defense counsel, special trial counsel, military defense counsel, military judges, and military magistrates. (D) Any required increase in the number of personnel currently authorized in law to be assigned to the Armed Force concerned. (3) The nature and scope of any contract required by the Armed Force concerned to implement and execute the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (4) The amount and types of additional funding required by the Armed Force concerned to implement the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (5) Any additional authorities required to implement the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (6) Any additional information the Secretary concerned determines is necessary to ensure the manning, equipping, and resourcing of the Armed Forces to implement and execute the provisions of this subtitle and the amendments made by this subtitle. (c) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. (2) The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code.", "id": "H19EBF624E920486D9AD0F75A9EEBA6A8", "header": "Briefing and report on resourcing required for implementation" }, { "text": "539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military \n(a) Briefing required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the implementation of the recommendations set forth in the report of the Independent Review Commission on Sexual Assault in the Military titled Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military , and dated July 2, 2021. (b) Elements \nThe briefing under subsection (a) shall address the following: (1) The status of the implementation of each recommendation, including— (A) whether, how, and to what extent the recommendation has been implemented; and (B) any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the implementation of the recommendation. (2) For each recommendation that has not been fully implemented or superseded by statute as of the date of the briefing, a description of any plan for the implementation of the recommendation, including identification of— (A) intermediate actions, milestone dates, and any expected completion date for implementation of the recommendation; and (B) any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the recommendation.", "id": "HD48680DD6311462E8DF236A4FFA2DA6B", "header": "Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military" }, { "text": "541. Rights of the victim of an offense under the Uniform Code of Military Justice \nSection 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice), is amended— (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: (8) The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused..", "id": "H8920D6F0156A488E98FFBA414F3CC27B", "header": "Rights of the victim of an offense under the Uniform Code of Military Justice" }, { "text": "542. Conduct unbecoming an officer \n(a) In general \nSection 933 of title 10, United States Code (article 133 of the Uniform Code of Military Justice) is amended— (1) in the section heading, by striking and a gentleman ; and (2) by striking and a gentleman. (b) Clerical amendment \nThe table of sections at the beginning of subchapter X of chapter 47 of such title is amended by striking the item relating to section 933 (article 133) and inserting the following new item: 933. 133. Conduct unbecoming an officer..", "id": "HC13D3836243E4796AB8FEB0E70F87635", "header": "Conduct unbecoming an officer" }, { "text": "543. Independent investigation of complaints of sexual harassment \n(a) In general \nSection 1561 of title 10, United States Code, is amended to read as follows: 1561. Complaints of sexual harassment: independent investigation \n(a) Action on complaints alleging sexual harassment \nA commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. (b) Commencement of investigation \nTo the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— (1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and (2) advise the complainant of the commencement of the investigation. (c) Duration of investigation \nTo the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate. (d) Report on investigation \nTo the extent practicable, a commanding officer or officer in charge shall— (1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. (e) Sexual harassment defined \nIn this section, the term sexual harassment means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).. (b) Clerical amendment \nThe table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by striking the item relating to section 1561 and inserting the following new item: 1561. Complaints of sexual harassment: independent investigation.. (c) Effective date \nThe amendments made by subsections (a) and (b) shall— (1) take effect on the date that is two years after the date of the enactment of this Act; and (2) apply to any investigation of a formal complaint of sexual harassment (as defined in section 1561 of title 10, United States Code, as amended by subsection (a)) made on or after that date. (d) Regulations \nNot later than 18 months after the date of the enactment of this Act the Secretary of Defense shall prescribe regulations providing for the implementation of section 1561 of title 10, United States Code, as amended by subsection (a). (e) Report on implementation \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the preparation of the Secretary to implement section 1561 of title 10, United States Code, as amended by subsection (a).", "id": "HAB455DBFD7F7482CB94A844FFB5598BC", "header": "Independent investigation of complaints of sexual harassment" }, { "text": "1561. Complaints of sexual harassment: independent investigation \n(a) Action on complaints alleging sexual harassment \nA commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. (b) Commencement of investigation \nTo the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— (1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and (2) advise the complainant of the commencement of the investigation. (c) Duration of investigation \nTo the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate. (d) Report on investigation \nTo the extent practicable, a commanding officer or officer in charge shall— (1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. (e) Sexual harassment defined \nIn this section, the term sexual harassment means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).", "id": "HA59FFBABDE124C41B7E8E44313C9FEDA", "header": "Complaints of sexual harassment: independent investigation" }, { "text": "544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons \n(a) In general \nChapter 80 of title 10, United States Code, is amended by inserting after section 1562 the following new section: 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense \n(a) Designation of responsible component \nThe Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b). (b) Tracking of allegations \nThe head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including— (1) that such an allegation has been reported and by whom; (2) the date of the report; (3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; (4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; (5) the entry of findings; (6) referral of such findings to a decisionmaker for review and action, as appropriate; (7) the outcome of final action; and (8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary. (c) Covered allegation of retaliation defined \nIn this section, the term covered allegation of retaliation means an allegation of retaliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General or any other inspector general; (B) a military criminal investigative organization; (C) a commander or other person at the direction of the commander; (D) another military or civilian law enforcement organization; or (E) any other organization, officer, or employee of the Department of Defense.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by inserting after the item relating to section 1562 the following new item: 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense..", "id": "HD23FA5E6F9144D1894B1C5883DC3AD30", "header": "Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons" }, { "text": "1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense \n(a) Designation of responsible component \nThe Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b). (b) Tracking of allegations \nThe head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including— (1) that such an allegation has been reported and by whom; (2) the date of the report; (3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; (4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; (5) the entry of findings; (6) referral of such findings to a decisionmaker for review and action, as appropriate; (7) the outcome of final action; and (8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary. (c) Covered allegation of retaliation defined \nIn this section, the term covered allegation of retaliation means an allegation of retaliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General or any other inspector general; (B) a military criminal investigative organization; (C) a commander or other person at the direction of the commander; (D) another military or civilian law enforcement organization; or (E) any other organization, officer, or employee of the Department of Defense.", "id": "H625E3AAFDFB4462BACA170526E0D5A7B", "header": "Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense" }, { "text": "545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial \nSection 549 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 806b note) is amended— (1) in the section heading, by striking alleged sexual assault and inserting alleged sex-related offense ; (2) by striking Under regulations and inserting Notwithstanding section 552a of title 5, United States Code, and under regulations ; (3) by striking alleged sexual assault and inserting an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code) ; and (4) by adding at the end the following new sentence: Upon such final determination, the commander shall notify the victim of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant.", "id": "H05E0CB25BEC349A08387A47AE15B3EF5", "header": "Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial" }, { "text": "546. Civilian positions to support Special Victims’ Counsel \n(a) Civilian support positions \nEach Secretary of a military department may establish one or more civilian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary. (b) Duties \nThe duties of each position under subsection (a) shall be— (1) to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative support; and (2) to ensure the continuity of legal services and the preservation of institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to offices of the Special Victims’ Counsel. (c) Special Victims’ Counsel defined \nIn this section, the term Special Victims’ Counsel means Special Victims’ Counsel described in section 1044e of title 10, United States Code, and in the case of the Navy and Marine Corps, includes counsel designated as Victims’ Legal Counsel.", "id": "H7ACAA15619324C1292AC6654DA34165E", "header": "Civilian positions to support Special Victims’ Counsel" }, { "text": "547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law \n(a) Plan for document management system \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan pursuant to which the Secretary of Defense shall establish a single document management system for use by each Armed Force to collect and present information on matters within the military justice system, including information collected and maintained for purposes of section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice). (2) Elements \nThe plan under subsection (a) shall meet the following criteria: (A) Consistency of data fields \nThe plan shall ensure that each Armed Force uses consistent data collection fields, definitions, and other criteria for the document management system described in subsection (a). (B) Best practices \nThe plan shall include a strategy for incorporating into the document management system the features of the case management and electronic case filing system of the Federal courts to the greatest extent possible. (C) Prospective application \nThe plan shall require the document management system to be used for the collection and presentation of information about matters occurring after the date of the implementation of the system. The plan shall not require the collection and presentation of historical data about matters occurring before the implementation date of the system. (D) Resources \nThe plan shall include an estimate of the resources (including costs, staffing, and other resources) required to implement the document management system. (E) Authorities \nThe plan shall include an analysis of any legislative actions, including any changes to law, that may be required to implement the document management system for each Armed Force. (b) Plan for tracking pretrial information \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing how the Armed Forces will collect, track, and maintain pretrial records, data, and other information regarding the reporting, investigation, and processing of all offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), arising in any Armed Force in a manner such that each Armed Force uses consistent data collection fields, definitions, and criteria. (c) Plan for assessing effects of changes in law \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing the manner in which the Department of Defense will analyze the effects of the changes in law and policy required under subtitle D and the amendments made by such subtitle with respect to the disposition of offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by section 531 of this Act). (d) Interim briefings \n(1) In general \nNot less frequently than once every 90 days during the covered period, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall provide to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of the development of the plans required under subsections (a) through (c). (2) Covered period \nIn this subsection, the term covered period means the period beginning on the date of the enactment of this Act and ending on the date that is one year after the date of the enactment of this Act. (e) Judge advocates specified \nThe Judge Advocates specified in this subsection are the following: (1) The Judge Advocate General of the Army. (2) The Judge Advocate General of the Navy. (3) The Judge Advocate General of the Air Force. (4) The Staff Judge Advocate to the Commandant of the Marine Corps. (5) The Judge Advocate General of the Coast Guard.", "id": "H80DBEBB6580947479244F4DC47D94B0D", "header": "Plans for uniform document management system, tracking pretrial information, and assessing changes in law" }, { "text": "548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown \n(a) Comprehensive review of missing persons reporting \nThe Secretary of Defense shall instruct each Secretary of a military department to perform a comprehensive review of the policies and procedures of the military department concerned to determine and report a member of an Armed Force under the jurisdiction of such Secretary of a military department as missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (b) Review of installation-level procedures \nIn addition to such other requirements as may be set forth by the Secretary of Defense pursuant to subsection (a), each Secretary of a military department shall, with regard to the military department concerned— (1) direct each commander of a military installation, including any tenant command or activity present on such military installation, to review policies and procedures for carrying out the determination and reporting activities described in subsection (a); and (2) update such installation-level policies and procedures, including any tenant command or activity policies and procedures, to improve force protection, enhance security for members living on the military installation, and promote reporting at the earliest practicable time to local law enforcement (at all levels) and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a member is determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (c) Installation-specific reporting protocols \n(1) In general \nEach commander of a military installation shall establish a protocol applicable to all persons and organizations present on the military installation, including tenant commands and activities, for sharing information with local and Federal law enforcement agencies about members who are missing, absent-unknown, absent without leave, or duty status-whereabouts unknown. The protocol shall provide for the immediate entry regarding the member concerned in the Missing Persons File of the National Crimes Information Center data and for the commander to immediately notify all local law enforcement agencies with jurisdictions in the immediate area of the military installation, when the status of a member assigned to such installation has been determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (2) Reporting to military installation command \nEach commander of a military installation shall submit the protocol established pursuant to paragraph (1) to the Secretary of the military department concerned. (d) Report regarding National Guard \nNot later than June 1, 2022, the Secretary of Defense shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report on the feasibility of implementing subsections (a), (b), and (c), with regards to facilities of the National Guard. Such report shall include recommendations of the Secretary, including a proposed timeline for implementing the provisions of such subsections that the Secretary determines feasible.", "id": "HB6EE8A6ED1CB4DA5A6A8178EB5B446C4", "header": "Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown" }, { "text": "549. Activities to improve family violence prevention and response \n(a) Delegation of authority to authorize exceptional eligibility for certain benefits \nParagraph (4) of section 1059(m) of title 10, United States Code, is amended to read as follows: (4) (A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated. (B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.. (b) Extension of requirement for annual Family Advocacy Program report regarding child abuse and domestic violence \nSection 574(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2141) is amended by striking April 30, 2021 and inserting April 30, 2026. (c) Implementation of Comptroller General recommendations \n(1) In general \nConsistent with the recommendations set forth in the report of the Comptroller General of the United States titled Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K). (A) Domestic abuse data \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following: (i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including— (I) data on the numbers and types of domestic abuse incidents involving members of the Armed Forces; and (II) data for inclusion in the reports required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2141). (ii) Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse. (iii) Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse. (B) Domestic violence and command action data \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall— (i) evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to— (I) eliminate gaps and redundancies in the activities of such organizations; (II) ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and (III) otherwise improve the tracking of such incidents and actions across the Department; (ii) based on the evaluation under clause (i), clarify or adjust— (I) the duties of such organizations and elements; and (II) the manner in which such organizations and elements coordinate their activities; and (iii) issue guidance to the Secretaries of the military departments to clarify and standardize the information required to be collected and reported to the database on domestic violence incidents under section 1562 of title 10, United States Code. (C) Regulations for violation of civilian orders of protection \nThe Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (D) Agreements with civilian victim service organizations \n(i) Guidance required \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii). (ii) Contents of agreement \nA memorandum of understanding entered into under clause (i) shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that— (I) the services offered at the installation are insufficient to meet the victim’s needs; or (II) such a referral would otherwise benefit the victim. (E) Screening and reporting of initial allegations \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process— (i) to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident; and (ii) to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees. (F) Implementation and oversight of Incident Determination Committees \n(i) Implementation \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force. (ii) Oversight and monitoring \nThe Secretary of Defense shall— (I) direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and (II) establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces. (G) Reasonable suspicion standard for incident reporting \nNot later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations— (i) under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and (ii) that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i). (H) Guidance for victim risk assessment \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that— (i) identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and (ii) establishes minimum qualifications for the personnel responsible for using such tools. (I) Improving Family Advocacy Program awareness campaigns \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement— (i) a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and (ii) metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns. (J) Assessment of the disposition model for domestic violence \nAs part of the independent analysis required by section 549C of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) the Secretary of Defense shall include an assessment of— (i) the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to— (I) the eligibility of victims for transitional compensation and other benefits; and (II) the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and (ii) the feasibility and advisability of establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model. (K) Family Advocacy Program training \n(i) Training for commanders and senior enlisted advisors \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall— (I) ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and (II) shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training. (ii) Training for chaplains \nThe Secretary of Defense shall— (I) require that chaplains of the Armed Forces receive Family Advocacy Program training; (II) establish content requirements and learning objectives for such training; and (III) provide such additional guidance and sample training materials as may be necessary to effectively implement such training. (iii) Training completion data \nThe Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training. (2) General implementation date \nExcept as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act. (3) Quarterly status briefing \nNot later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph (1) have been implemented, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the implementation of such activities. (d) Information on services for military families \nEach Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following: (1) The Family Advocacy Program of the Armed Force or military department concerned. (2) Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect. (3) Other applicable victim services. (e) Reports on staffing levels for family advocacy programs \n(1) In general \nNot later than 180 days after the date on which the staffing tool described in paragraph (2) becomes operational, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following: (A) Military, civilian, and contract support staffing levels for the Family Advocacy Programs of the Armed Forces at each military installation so staffed as of the date of the report. (B) Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool. (2) Staffing tool described \nThe staffing tool described in this paragraph is a tool that will be used to assist the Department in determining adequate staffing levels for Family Advocacy Programs. (3) Comptroller General review \n(A) In general \nFollowing the submission of the first annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review of the staffing of the Family Advocacy Programs of the Armed Forces. (B) Elements \nThe review conducted under subparagraph (A) shall include an assessment of each of the following: (i) The extent to which the Armed Forces have filled authorized billets for Family Advocacy program manager, clinician, and victim advocate positions. (ii) The extent to which the Armed Forces have experienced challenges filling authorized Family Advocacy Program positions, and how such challenges, if any, have affected the provision of services. (iii) The extent to which the Department of Defense and Armed Forces have ensured that Family Advocacy Program clinicians and victim advocates meet qualification and training requirements. (iv) The extent to which the Department of Defense has established metrics to evaluate the effectiveness of the staffing tool described in paragraph (2). (C) Briefing and report \n(i) Briefing \nNot later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A). (ii) Report \nNot later than 90 days after the date of the briefing under clause (i), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subparagraph (A). (f) Study and briefing on initial entry points \n(1) Study \nThe Secretary of Defense shall conduct a study to identify initial entry points (including anonymous entry points) through which military family members may seek information or support relating to domestic abuse or child abuse and neglect. Such study shall include an assessment of— (A) points at which military families interact with the Armed Forces or the Department of Defense through which such information or support may be provided to family members, including points such as enrollment in the Defense Enrollment Eligibility Reporting System, and the issuance of identification cards; and (B) other existing and potential routes through which such family members may seek information or support from the Armed Forces or the Department, including online chat rooms, text-based support capabilities, and software applications for smartphones. (2) Briefing \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing setting forth the results of the study conducted under paragraph (1). (g) Definitions \nIn this section: (1) The term appropriate congressional committees means the Committees on Armed Services of the Senate and the House of Representatives. (2) The term civilian order of protection has the meaning given that term in section 1561a of title 10, United States Code. (3) The term disposition model for domestic violence means the process to determine— (A) the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and (B) consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense. (4) The term Incident Determination Committee means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense. (5) The term qualified civilian victim service organization means an organization outside the Department of Defense that— (A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and (B) is located in a community surrounding a military installation. (6) The term risk assessment tool means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur.", "id": "HD70A6B963CD149D399E973EA4CD3E167", "header": "Activities to improve family violence prevention and response" }, { "text": "549A. Annual primary prevention research agenda \n(a) In general \nBeginning on October 1, 2022, and annually on the first day of each fiscal year thereafter, the Secretary of Defense shall publish a Department of Defense research agenda for that fiscal year, focused on the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse. (b) Elements \nEach annual primary prevention research agenda published under subsection (a) shall— (1) identify research priorities for that fiscal year; (2) assign research projects and tasks to the military departments and other components of the Department of Defense, as the Secretary of Defense determines appropriate; (3) allocate or direct the allocation of appropriate resourcing for each such project and task; and (4) be directive in nature and enforceable across all components of the Department of Defense, including with regard to— (A) providing for timely access to records, data and information maintained by any component of the Department of Defense that may be required in furtherance of an assigned research project or task; (B) ensuring the sharing across all components of the Department of Defense of the findings and the outcomes of any research project or task; and (C) any other matter determined by the Secretary of Defense. (c) Guiding principles \nThe primary prevention research agenda should, as determined by the Secretary of Defense— (1) reflect a preference for research projects and tasks with the potential to yield or contribute to the development and implementation of actionable primary prevention strategies in the Department of Defense; (2) be integrated, so as to discover or test cross-cutting interventions across the spectrum of interpersonal and self-directed violence; (3) incorporate collaboration with other Federal departments and agencies, State governments, academia, industry, federally funded research and development centers, non-profit organizations, and other organizations outside of the Department of Defense; and (4) minimize unnecessary duplication of effort. (d) Budgeting \nThe Secretary of Defense shall create a unique Program Element for and shall prioritize recurring funding to ensure the continuity of research pursuant to the annual primary prevention research agenda.", "id": "H856B6BB8789C4747AC2D2302CA33CCFF", "header": "Annual primary prevention research agenda" }, { "text": "549B. Primary prevention workforce \n(a) Establishment \nThe Secretary of Defense shall establish a Primary Prevention Workforce to provide a comprehensive and integrated program across the Department of Defense enterprise for the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse. (b) Primary Prevention Workforce model \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a holistic model for a dedicated and capable Primary Prevention Workforce in the Department of Defense. (2) Elements \nThe model required under paragraph (1) shall include the following elements: (A) A description of Primary Prevention Workforce roles, responsibilities, and capabilities, including— (i) the conduct of research and analysis; (ii) advising all levels of military commanders and leaders; (iii) designing and writing strategic and operational primary prevention policies and programs; (iv) integrating and analyzing data; and (v) implementing, evaluating, and adapting primary prevention programs and activities, to include developing evidence-based training and education programs for Department personnel that is appropriately tailored by rank, occupation, and environment. (B) The design and structure of the Primary Prevention Workforce, including— (i) consideration of military, civilian, and hybrid manpower options; (ii) the comprehensive integration of the workforce from strategic to tactical levels of the Department of Defense and its components; and (iii) mechanisms for individuals in workforce roles to report to and align with installation-level and headquarters personnel. (C) Strategies, plans, and systematic approaches for recruiting, credentialing, promoting, and sustaining the diversity of work force roles comprising a professional workforce dedicated to primary prevention. (D) The creation of a professional, primary prevention credential that standardizes a common base of education and experience across the prevention workforce, coupled with knowledge development and skill building requirements built into the career cycle of prevention practitioners such that competencies and expertise increase over time. (E) Any other matter the Secretary of Defense determines necessary and appropriate to presenting an accurate and complete model of the Primary Prevention Workforce. (c) Reports \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretaries of the military departments and the Chief of the National Guard Bureau each shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing how the military services and the National Guard, as applicable, will adapt and implement the primary prevention workforce model set forth in the report required under subsection (b). (2) Elements \nEach report submitted under subsection (a) shall include a description of— (A) expected milestones to implement the prevention workforce in the component at issue; (B) challenges associated with implementation of the workforce and the strategies for addressing such challenges; and (C) additional authorities that may be required to optimize implementation and operation of the workforce. (d) Operating capability deadline \nThe Primary Prevention Workforce authorized under this section shall attain initial operating capability in each military department and military service and in the National Guard by not later than the effective date specified in section 539C.", "id": "H670436D1036945A09A4EF45F7777F260", "header": "Primary prevention workforce" }, { "text": "549C. Reform and improvement of military criminal investigative organizations \n(a) Evaluation and plan for reform \nNot later than one year after the date of the enactment of this Act, each Secretary concerned shall— (1) complete an evaluation of the effectiveness of the military criminal investigative organization under the jurisdiction of such Secretary: and (2) submit to the appropriate congressional committees a report that includes— (A) the results of the evaluation conducted under paragraph (1); and (B) based on such results, if the Secretary determines that reform to the military criminal investigative organization under the jurisdiction of such Secretary is advisable, a proposal for reforming such organization to ensure that the organization effectively meets the demand for complex investigations and other emerging mission requirements. (b) Implementation plan \n(1) In general \nNot later than two years after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a plan to implement, to the extent determined appropriate by such Secretary, the reforms to the military criminal investigative organization proposed by such Secretary under subsection (a) to ensure that such organization is capable of professionally investigating criminal misconduct under its jurisdiction. (2) Elements \nEach plan under paragraph (1) shall include, with respect to the military criminal investigative organization under the jurisdiction of the Secretary concerned, the following: (A) The requirements that such military criminal investigative organization must meet to effectively carry out criminal investigative and other law enforcement missions in 2022 and subsequent years. (B) The resources that will be needed to ensure that each such military criminal investigative organization can achieve its mission. (C) An analysis of factors affecting the performance of such military criminal investigate organization, including— (i) whether appropriate technological investigative tools are available and accessible to such organization; and (ii) whether the functions of such organization would be better supported by civilian rather than military leadership. (D) For each such military criminal investigative organization— (i) the number of military personnel assigned to the organization; (ii) the number of civilian personnel assigned to the organization; and (iii) the functions of such military and civilian personnel. (E) A description of any plans of the Secretary concerned to develop a more professional workforce of military and civilian investigators. (F) A proposed timeline for the reform of such military investigative organization. (G) An explanation of the potential benefits of such reforms, including a description of— (i) specific improvements that are expected to result from the reforms; and (ii) whether the reforms will improve information sharing across military criminal investigative organizations. (H) With respect to the military criminal investigative organization of the Army, an explanation of how the plan will— (i) address the findings of the report of the Fort Hood Independent Review Committee, dated November 6, 2020; and (ii) coordinate with any other internal reform efforts of the Army. (c) Limitation on the changes to training locations \nIn carrying out this section, the Secretary concerned may not change the locations at which military criminal investigative training is provided to members of the military criminal investigative organization under the jurisdiction of such Secretary until— (1) the implementation plan under subsection (b) is submitted to the appropriate congressional committees; and (2) a period of 60 days has elapsed following the date on which the Secretary notifies the appropriate congressional committees of the Secretary’s intent to move such training to a different location. (d) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. (2) The term military criminal investigative organization means each organization or element of the Department of Defense or the Armed Forces that is responsible for conducting criminal investigations, including— (A) the Army Criminal Investigation Command; (B) the Naval Criminal Investigative Service; (C) the Air Force Office of Special Investigations; (D) the Coast Guard Investigative Service; and (E) the Defense Criminal Investigative Service. (3) The term Secretary concerned means— (A) the Secretary of the Army, with respect to the Army Criminal Investigation Command; (B) the Secretary of the Navy, with respect to the Naval Criminal Investigative Service; (C) the Secretary of the Air Force, with respect to the Air Force Office of Special Investigations; (D) the Secretary of Homeland Security, with respect to the Coast Guard Investigative Service; and (E) the Secretary of Defense, with respect to the Defense Criminal Investigative Service.", "id": "H93D99A7FB0974404AB1E168861A23689", "header": "Reform and improvement of military criminal investigative organizations" }, { "text": "549D. Military defense counsel \nEach Secretary of a military department shall— (1) ensure that military defense counsel have timely and reliable access to and funding for defense investigators, expert witnesses, trial support, pre-trial and post-trial support, paralegal support, counsel travel, and other necessary resources; (2) ensure that military defense counsel detailed to represent a member of the Armed Forces accused of a covered offense (as defined in section 801(17) of title 10, United States Code (article 1(17) of the Uniform Code of Military Justice), as added by section 533 of this Act) are well-trained and experienced, highly skilled, and competent in the defense of cases involving covered offenses; and (3) take or direct such other actions regarding military defense counsel as may be warranted in the interest of the fair administration of justice.", "id": "HCE1786CF32E74E8A8F007F09CCA6CEBB", "header": "Military defense counsel" }, { "text": "549E. Full functionality of Military Justice Review Panel \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall establish or reconstitute, maintain, and ensure the full functionality of the Military Justice Review Panel established pursuant to section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice)).", "id": "HC5DCAAF45D124271AA54E8C14B741730", "header": "Full functionality of Military Justice Review Panel" }, { "text": "549F. Military service independent racial disparity review \n(a) Review required \nEach Secretary of a military department shall conduct an assessment of racial disparity in military justice and discipline processes and military personnel policies, as they pertain to minority populations. (b) Report required \nNot later than one year after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Comptroller General of the United States a report detailing the results of the assessment required by subsection (a), together with recommendations for statutory or regulatory changes as the Secretary concerned determines appropriate. (c) Comptroller General report \nNot later than 180 days after receiving the reports submitted under subsection (b), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report comparing the military service assessments on racial disparity conducted under subsection (a) to existing reports assessing racial disparity in civilian criminal justice systems in the United States. (d) Definitions \nIn this section: (1) Military justice; discipline processes \nThe terms military justice and discipline processes refer to all facets of the military justice system, including investigation, the use of administrative separations and other administrative sanctions, non-judicial punishment, panel selection, pre-trial confinement, the use of solitary confinement, dispositions of courts-martial, sentencing, and post-trial processes. (2) Military personnel policies \nThe term military personnel policies includes accession rates and policies, retention rates and policies, promotion rates, assignments, professional military education selection and policies, and career opportunity for minority members of the Armed Forces. (3) Minority populations \nThe term minority populations includes Black, Hispanic, Asian/Pacific Islander, American Indian, and Alaska Native populations.", "id": "H9591EA1DA436489CAF389B9ECBEC2501", "header": "Military service independent racial disparity review" }, { "text": "549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system \n(a) Annual reports on racial and ethnic demographics in the military justice system \n(1) In general \nChapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section: 486. Annual reports on racial and ethnic demographics in the military justice system \n(a) In general \nNot later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. (b) Contents \nThe report of a Secretary of a military department for an armed force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including— (1) the number of offenses in the armed force that were reported to military officials, disaggregated by— (A) statistical category as related to the victim; and (B) statistical category as related to the principal; (2) the number of offenses in the armed forces that were investigated, disaggregated by statistical category as related to the principal; (3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; (4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; (5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; (6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial; (7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and (8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. (c) Submission to Congress \nNot later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives. (e) Definitions \nIn this section: (1) The term statistical category means each of the following categories: (A) race; (B) sex; (C) ethnicity; (D) rank; and (E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). (2) The term principal has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).. (2) Clerical amendment \nThe table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 485 the following new item: 486. Annual reports on racial and ethnic demographics in the military justice system.. (b) Policy required \n(1) Requirement \nNot later than two years after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy requiring information on the race and ethnicity of accused individuals to be included to the maximum extent practicable in the annual report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note). (2) Exclusion \nThe policy prescribed under paragraph (1) may provide for the exclusion of such information based on privacy concerns, impacts on accountability efforts, or other matters of importance as determined and identified in such policy by the Secretary. (3) Publicly available \nThe Secretary of Defense shall make publicly available the information described in paragraph (1), subject to the exclusion of such information pursuant to paragraph (2). (4) Sunset \nThe requirements of this subsection shall terminate on May 1, 2028.", "id": "HDFFCFC5784C549509D8C92DB49CCDA95", "header": "Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system" }, { "text": "486. Annual reports on racial and ethnic demographics in the military justice system \n(a) In general \nNot later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. (b) Contents \nThe report of a Secretary of a military department for an armed force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including— (1) the number of offenses in the armed force that were reported to military officials, disaggregated by— (A) statistical category as related to the victim; and (B) statistical category as related to the principal; (2) the number of offenses in the armed forces that were investigated, disaggregated by statistical category as related to the principal; (3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; (4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; (5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; (6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial; (7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and (8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. (c) Submission to Congress \nNot later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives. (e) Definitions \nIn this section: (1) The term statistical category means each of the following categories: (A) race; (B) sex; (C) ethnicity; (D) rank; and (E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). (2) The term principal has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).", "id": "HCF353CAAF3BE4A04A948A7E8B3800753", "header": "Annual reports on racial and ethnic demographics in the military justice system" }, { "text": "549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims \nSection 584 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) Authorizations for DoD Safe Helpline \n(1) Providing support and receiving official reports \nDoD Safe Helpline (or any successor service to DoD Safe Helpline, if any, as identified by the Secretary of Defense) is authorized to provide crisis intervention and support and to perform the intake of official reports of sexual assault from eligible adult sexual assault victims who contact the DoD Safe Helpline or other reports as directed by the Secretary of Defense. (2) Training and oversight \nDoD Safe Helpline staff shall have specialized training and appropriate certification to support eligible adult sexual assault victims. (3) Eligibility and procedures \nThe Secretary of Defense shall prescribe regulations regarding eligibility for DoD Safe Helpline services, procedures for providing crisis intervention and support, and accepting reports. (4) Electronic receipt of official reports of adult sexual assaults \nDoD Safe Helpline shall provide the ability to receive reports of adult sexual assaults through the DoD Safe Helpline website and mobile phone applications, in a secure manner consistent with appropriate protection of victim privacy, and may offer other methods of receiving electronic submission of adult sexual assault reports, as appropriate, in a manner that appropriately protects victim privacy. (5) Types of reports \nReports of sexual assault from eligible adult sexual assault victims received by DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall include unrestricted and restricted reports, or other reports as directed by the Secretary of Defense. (6) Option for entry into the Catch a Serial Offender system \nAn individual making a restricted report (or a relevant successor type of report or other type of appropriate report, as determined by the Secretary of Defense) to the DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall have the option to submit information related to their report to the Catch a Serial Offender system (or its successor or similar system as determined by the Secretary of Defense)..", "id": "HAE7DE41DBE6940438E3E7D3D4AEBD895", "header": "DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims" }, { "text": "549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces \nSection 1631(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note) is amended by striking through March 1, 2021 and inserting through March 1, 2026.", "id": "H5715DF8D2DCB4FD0A43F04C8A0B81429", "header": "Extension of annual report regarding sexual assaults involving members of the Armed Forces" }, { "text": "549J. Study and report on Sexual Assault Response Coordinator military occupational specialty \n(a) Study \nBeginning not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall initiate a personnel study to determine— (1) the feasibility and advisability of creating a military occupational speciality for Sexual Assault Response Coordinators; and (2) if determined to be feasible and advisable, the optimal approach to establishing and maintaining such a military occupational speciality. (b) Report and briefing \n(1) Report \nNot later than 180 days after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a). (2) Briefing \nNot later than 30 days after the date on which the report is submitted under paragraph (1), the Secretary of Defense shall provide to the congressional defense committees a briefing on the results of the study conducted under subsection (a). (c) Elements \nThe report and briefing under subsection (b) shall include the following: (1) The determination of the Secretary of Defense as to whether creating a military occupational speciality for Sexual Assault Response Coordinators is feasible and advisable. (2) If the Secretary determines that the creation of such a specialty is feasible and advisable— (A) a recommendation on the rank and level of experience required for a military occupational speciality for Sexual Assault Response Coordinators; (B) recommendations for strengthening recruitment and retention of members of the Armed Forces of the required rank and experience identified under subparagraph (A), including recommendations with respect to— (i) designating Sexual Assault Response Coordinators as a secondary military occupational speciality instead of a primary military occupational speciality; (ii) providing initial or recurrent bonuses or duty stations of choice to members who qualify for the military occupational speciality for Sexual Assault Response Coordinators; (iii) limiting the amount of time that a member who has qualified for such military occupational speciality can serve as a Sexual Assault Response Coordinator in a given period; or (iv) requiring evaluations, completed by an officer in the rank of O–6 or higher, for members who have qualified for such military occupational speciality and are serving as a Sexual Assault Response Coordinator; (C) recommendations for standardizing training and education for members of the Armed Forces seeking a military occupational speciality for Sexual Assault Response Coordinators or those serving as a Sexual Assault Response Coordinator, including by establishing dedicated educational programs for such members within each Armed Force; (D) an analysis of the impact of a military occupational speciality for Sexual Assault Response Coordinators on the personnel management of the existing Sexual Assault Response Coordinator program, including recruitment and retention; (E) an analysis of the requirements for a Sexual Assault Response Coordinator-specific chain of command; (F) analysis of the costs of establishing and maintaining a military occupational speciality for Sexual Assault Response Coordinators; (G) analysis of the potential impacts of a military occupational specialty for Sexual Assault Response Coordinators on the mental health of personnel within the specialty; and (H) any other matters the Secretary of Defense determines relevant for inclusion.", "id": "H54EBF66DD6D5402A8B14B126F75D0FBE", "header": "Study and report on Sexual Assault Response Coordinator military occupational specialty" }, { "text": "549K. Amendments to additional Deputy Inspector General of the Department of Defense \nSection 554(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in the section heading, by striking Deputy and inserting Assistant ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking Secretary of Defense and inserting Inspector General of the Department of Defense ; and (ii) by striking Deputy and inserting Assistant ; (B) in subparagraph (A), by striking of the Department ; and (C) in subparagraph (B), by striking report directly to and serve and inserting be ; (3) in paragraph (2)— (A) in the matter preceding clause (i) of subparagraph (A)— (i) by striking Conducting and supervising and inserting Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of ; and (ii) by striking evaluations and inserting inspections, ; (B) in clause (ii) of subparagraph (A), by striking , including the duties of the Inspector General under subsection (b) ; and (C) in subparagraph (B), by striking Secretary or ; (4) in paragraph (3)(A) in the matter preceding subparagraph (A), by striking Deputy and inserting Assistant ; (5) in paragraph (4)— (A) in subparagraph (A), by striking Deputy each place it appears and inserting Assistant ; (B) in subparagraph (B)— (i) by striking Deputy the first place it appears; (ii) by striking and the Inspector General ; (iii) by striking Deputy the second place it appears and inserting Assistant ; and (iv) by inserting before the period at the end the following: , for inclusion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.). ; (C) in subparagraph (C)— (i) by striking Deputy ; and (ii) by striking and Inspector General ; (D) in subparagraph (D)— (i) by striking Deputy ; (ii) by striking and the Inspector General ; (iii) by striking Secretary or ; and (iv) by striking direct and inserting determine ; and (E) in subparagraph (E)— (i) by striking Deputy ; and (ii) by striking of the Department and all that follows through Representatives and inserting consistent with the requirements of the Inspector General Act of 1978 (5 U.S.C. App.)..", "id": "HB89CF0CA8B4E4C33B99D9331EC92ED77", "header": "Amendments to additional Deputy Inspector General of the Department of Defense" }, { "text": "549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces \nSection 549 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 113 note) is amended— (1) in the section heading, by inserting and bullying after hazing ; (2) in subsection (a)— (A) in the heading, by inserting and anti-bullying after Anti-hazing ; and (B) by inserting or bullying after hazing both places it appears; (3) in subsection (b), by inserting and bullying after hazing ; and (4) in subsection (c)— (A) in the heading, by inserting and bullying after hazing ; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking January 31 of each year through January 31, 2021 and inserting May 31, 2023, and annually thereafter for five years, ; and (II) by striking each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary, and inserting the Secretary of Defense ; (ii) in subparagraph (A), by inserting or bullying after hazing ; and (iii) in subparagraph (C), by inserting and anti-bullying after anti-hazing ; and (C) in amending paragraph (2) to read as follows: (2) Additional elements \nEach report required by this subsection shall include the following: (A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces. (B) A description of processes of each Armed Force described in subsection (b) to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology each such Armed Force uses to categorize and count potential instances of hazing or bullying. (C) An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary. (D) An assessment by the Office of the Secretary of Defense of— (i) the effectiveness of each Armed Force described in subsection (b) in tracking and reporting instances of hazing or bullying; (ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year. (E) Recommendations of the Secretary to improve— (i) elements described in subparagraphs (A) through (D). (ii) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Armed Forces. (F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces. (G) Data on allegations of hazing and bullying in the Armed Forces, including final disposition of investigations. (H) Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year..", "id": "H50708AA1344C408BB2021007C2F7F4F5", "header": "Improved Department of Defense prevention of, and response to, bullying in the Armed Forces" }, { "text": "549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing such recommendations as the Secretary considers appropriate with respect to the establishment of a separate punitive article in chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on violent extremism.", "id": "H9855BD0490E74D88BB485D7F3A1E9319", "header": "Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism" }, { "text": "549N. Combating foreign malign influence \nSection 589E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking subsections (d) and (e); and (2) by inserting after subsection (c) the following new subsections: (d) Establishment of working group \n(1) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall establish a working group to assist the official designated under subsection (b), as follows: (A) In the identification of mediums used by covered foreign countries to identify, access, and endeavor to influence servicemembers and Department of Defense civilian employees through foreign malign influence campaigns and the themes conveyed through such mediums. (B) In coordinating and integrating the training program under this subsection in order to enhance and strengthen servicemember and Department of Defense civilian employee awareness of and defenses against foreign malign influence, including by bolstering information literacy. (C) In such other tasks deemed appropriate by the Secretary of Defense or the official designated under subsection (b). (2) The official designed under subsection (b) and the working group established under this subsection shall consult with the Foreign Malign Influence Response Center established pursuant to section 3059 of title 50, United States Code. (e) Report required \nNot later than 18 months after the establishment of the working group, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the working group, its activities, the effectiveness of the counter foreign malign influence activities carried out under this section, the metrics applied to determined effectiveness, and the actual costs associated with actions undertaken pursuant to this section. (f) Definitions \nIn this section: (1) Foreign malign influence \nThe term foreign malign influence has the meaning given that term in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ). (2) Covered foreign country \nThe term covered foreign country has the meaning given that term in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ) (3) Information literacy \nThe term information literacy means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images)..", "id": "H1BC49F2092E049BD95407202AD7E7989", "header": "Combating foreign malign influence" }, { "text": "551. Troops-to-Teachers Program \n(a) Requirement to carry out program \nSection 1154(b) of title 10, United States Code, is amended by striking may and inserting shall. (b) Reporting requirement \nSection 1154 of title 10, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: (i) Annual report \n(1) Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the Program. (2) The report required under paragraph (1) shall include the following elements: (A) The total cost of the Program for the most recent fiscal year. (B) The total number of teachers placed during such fiscal year and the locations of such placements. (C) An assessment of the STEM backgrounds of the teachers placed, the number of placements in high-need schools, and any other metric or information the Secretary considers appropriate to illustrate the cost and benefits of the program to members of the armed forces, veterans, and local educational agencies. (3) In this subsection, the term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Help, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives.. (c) Sunset \nSection 1154 of title 10, United States Code, as amended by subsection (b), is further amended by adding at the end the following new subsection: (k) Sunset \nThe Program shall terminate on July 1, 2025, with respect to the selection of new participants for the program. Participants in the Program as of that date may complete their program, and remain eligible for benefits under this section..", "id": "H1B291A99C1184EA1BAC0E70B55914A94", "header": "Troops-to-Teachers Program" }, { "text": "552. Codification of human relations training for certain members of the Armed Forces \n(a) In general \nChapter 101 of title 10, United States Code, is amended by inserting before section 2002 the following new section: 2001. Human relations training \n(a) Human relations training \n(1) (A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary. (B) Matters covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity. (C) Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter. (2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible activity, based upon discriminatory motives, does not occur in a unit under the command of such commander. (b) Information provided to prospective recruits \nThe Secretary of Defense shall ensure that— (1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and (2) each such individual is informed that if supporting such guarantees is not possible personally for that individual, then that individual should decline to enter the armed forces.. (b) Technical and conforming amendments \n(1) Technical amendment \nThe table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2002 the following new item: 2001. Human relations training.. (2) Conforming amendment \nSection 571 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 10 U.S.C. 113 note) is repealed. (c) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding— (1) implementation of section 2001 of such title, as added by subsection (a); and (2) legislation the Secretary determines necessary to complete such implementation.", "id": "H353EA272397A4A88948ECAE0F0ACB8E0", "header": "Codification of human relations training for certain members of the Armed Forces" }, { "text": "2001. Human relations training \n(a) Human relations training \n(1) (A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary. (B) Matters covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity. (C) Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter. (2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible activity, based upon discriminatory motives, does not occur in a unit under the command of such commander. (b) Information provided to prospective recruits \nThe Secretary of Defense shall ensure that— (1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and (2) each such individual is informed that if supporting such guarantees is not possible personally for that individual, then that individual should decline to enter the armed forces.", "id": "H24B7AC6EBB3049C3B9D32CB6F3A60E99", "header": "Human relations training" }, { "text": "553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress \n(a) United States Military Academy \n(1) In general \nChapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 753 of such title is amended by inserting after the item relating to section 7442 the following new item: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (b) United States Naval Academy \n(1) In general \nChapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 853 of such title is amended by inserting after the item relating to section 8454 the following new item: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (c) Air Force Academy \n(1) In general \nChapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 953 of such title is amended by inserting after the item relating to section 9442 the following new item: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (d) Report \nNot later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding implementation of the amendments under this section, including— (1) the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and (2) the number of times a Member of Congress has failed to submit nominations to the military academies due to death, resignation from office, or expulsion from office.", "id": "HB7A51FFD6E5D41F59022DA74AC76063E", "header": "Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress" }, { "text": "7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.", "id": "H241856FAE7804C1082B9934279C729EB", "header": "Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate" }, { "text": "8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title.", "id": "H3C523BBD9A1D42659137E48C8EB4D9C7", "header": "Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate" }, { "text": "9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate \n(a) Senators \nIn the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives \nIn the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction \nThe nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title.", "id": "H045F46E76E2C439DA0E977D22953CF55", "header": "Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate" }, { "text": "554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired \n(a) United States Military Academy \nSection 7455(b) of title 10, United States Code, is amended by striking is appointed and inserting is appointed by the President. (b) United States Naval Academy \nSection 8468(b) of title 10, United States Code, is amended by striking is appointed and inserting is appointed by the President. (c) United States Air Force Academy \nSection 9455(b)(1) of title 10, United States Code, is amended by striking is designated and inserting is designated by the President. (d) United States Coast Guard Academy \nSection 1903(b)(2)(B) of title 14, United States Code, is amended by striking is appointed and inserting is appointed by the President.", "id": "HD623A5255FA7496C95C521ACDC29A3D1", "header": "Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired" }, { "text": "555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely \n(a) United States Military Academy \nSection 7455 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member.. (b) United States Naval Academy \nSection 8468 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member.. (c) United States Air Force Academy \nSection 9455 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member..", "id": "H8D1F473E5B6D42BDA8DAD0C4E7E61E05", "header": "Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely" }, { "text": "556. Defense Language Institute Foreign Language Center \n(a) Authority to award bachelor’s degrees \nSection 2168 of title 10, United States Code, is amended— (1) in the section heading, by striking Associate and inserting Associate or Bachelor ; and (2) by amending subsection (a) to read as follows: (a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer— (1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or (2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item: 2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language..", "id": "H9F58F48D2845496A8566F34BC9EFFD76", "header": "Defense Language Institute Foreign Language Center" }, { "text": "557. United States Naval Community College \n(a) Establishment \nChapter 859 of title 10, United States Code, is amended by adding at the end the following new section: 8595. United States Naval Community College: establishment and degree granting authority \n(a) Establishment and function \nThere is a United States Naval Community College. The primary function of such College shall be to provide— (1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in— (A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and (B) their practical duties; (2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1); (3) support and advisement services for individuals pursuing such programs; and (4) continuous monitoring of the progress of such individuals. (b) Individuals eligible for programs \nSubject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a): (1) Enlisted members of the Navy and Marine Corps. (2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree. (3) Civilian employees of the Department of the Navy. (4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is— (A) in alignment with the mission of the United States Naval Community College; and (B) determined to support the mission or needs of the Department of the Navy. (c) Degree and credential granting authority \n(1) In general \nUnder regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements. (2) Limitation \nA degree or credential may not be conferred under this subsection unless— (A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education. (3) Congressional notification requirements \n(A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and (ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority. (B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. (C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential. (d) Civilian faculty members \n(1) Authority of Secretary \nThe Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary. (2) Compensation \nThe compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 859 of title 10, United States Code, is amended by adding at the end the following new item: 8595. United States Naval Community College: establishment and degree granting authority..", "id": "H8AA63955EACB48A5A252284D8EBB6EE7", "header": "United States Naval Community College" }, { "text": "8595. United States Naval Community College: establishment and degree granting authority \n(a) Establishment and function \nThere is a United States Naval Community College. The primary function of such College shall be to provide— (1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in— (A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and (B) their practical duties; (2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1); (3) support and advisement services for individuals pursuing such programs; and (4) continuous monitoring of the progress of such individuals. (b) Individuals eligible for programs \nSubject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a): (1) Enlisted members of the Navy and Marine Corps. (2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree. (3) Civilian employees of the Department of the Navy. (4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is— (A) in alignment with the mission of the United States Naval Community College; and (B) determined to support the mission or needs of the Department of the Navy. (c) Degree and credential granting authority \n(1) In general \nUnder regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements. (2) Limitation \nA degree or credential may not be conferred under this subsection unless— (A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education. (3) Congressional notification requirements \n(A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and (ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority. (B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. (C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential. (d) Civilian faculty members \n(1) Authority of Secretary \nThe Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary. (2) Compensation \nThe compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.", "id": "HF4CFFB6034D34B97B889471E55465AC1", "header": "United States Naval Community College: establishment and degree granting authority" }, { "text": "558. Codification of establishment of United States Air Force Institute of Technology \n(a) In general \nChapter 951 of title 10, United States Code, is amended by inserting before section 9414 the following new section: 9413. United States Air Force Institute of Technology: establishment \nThere is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting, before the item relating to section 9414, the following new item: 9413. United States Air Force Institute of Technology: establishment..", "id": "H7C91C9D2C0634776A2FB2098059E33C1", "header": "Codification of establishment of United States Air Force Institute of Technology" }, { "text": "9413. United States Air Force Institute of Technology: establishment \nThere is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.", "id": "HB2C8242AB17F4552859408552931D5B6", "header": "United States Air Force Institute of Technology: establishment" }, { "text": "559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits \n(a) In general \nSection 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: (k) (1) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title on a half-time or more basis, the Secretary concerned shall, at the election of the individual, pay the individual educational assistance allowance under this chapter for pursuit of such education or training as if the individual were not also eligible to receive or in receipt of educational assistance under section 2007 for pursuit of such education or training. (2) Concurrent receipt of educational assistance under section 2007 of this title and educational assistance under this chapter shall not be considered a duplication of benefits if the individual is enrolled in a program of education on a half-time or more basis.. (b) Conforming amendments \nSection 2007(d) of such title is amended— (1) in paragraph (1), by inserting or chapter 1606 of this title after of title 38 ; and (2) in paragraph (2), by inserting , in the case of educational assistance under chapter 30 of such title, and section 16131(k), in the case of educational assistance under chapter 1606 of this title before the period at the end.", "id": "HDE1E1976F6944DA1BF96E91ECC279B05", "header": "Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits" }, { "text": "559A. Regulations on certain parental guardianship rights of cadets and midshipmen \n(a) Regulations required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, after consultation with the Secretaries of the military departments and the Superintendent of each military service academy, shall prescribe regulations that include the option to preserve parental guardianship rights of a cadet or midshipman who becomes pregnant or fathers a child while attending a military service academy, consistent with the individual and academic responsibilities of such cadet or midshipman. (b) Briefings; report \n(1) Interim briefing \nNot later than May 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives an interim briefing on the development of the regulations prescribed under subsection (a). (2) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on any legislation the Secretary determines necessary to implement the regulations prescribed under subsection (a). (3) Final briefing \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a final briefing on the regulations prescribed under subsection (a). (c) Rule of construction \nNothing in this section shall be construed to change, or require a change to, any admission requirement at a military service academy. (d) Military service academy defined \nIn this section, the term military service academy means the following: (1) The United States Military Academy. (2) The United States Naval Academy. (3) The United States Air Force Academy.", "id": "H6EFD4275911B43DCB2496E3E666251F2", "header": "Regulations on certain parental guardianship rights of cadets and midshipmen" }, { "text": "559B. Defense language continuing education program \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall establish policies and procedures to provide, to linguists of the covered Armed Forces who have made the transition from formal training programs to operational and staff assignments, continuing language education to maintain their respective language proficiencies. (b) Reimbursement authority \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Under Secretary, in coordination with the chief of each covered Armed Force, shall establish a procedure by which the covered Armed Force concerned may reimburse an organization of the Department of Defense that provides, to members of such covered Armed Force, continuing language education, described in subsection (a), for the costs of such education. (2) Sunset \nThe authority under this subsection shall expire on September 30, 2025. (c) Briefing \nNot later than July 1, 2022, the Under Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on implementation of this section and plans regarding continuing language education described in subsection (a). (d) Covered Armed Force defined \nIn this section, the term covered Armed Force means the Army, Navy, Air Force, Marine Corps, or Space Force.", "id": "H6BCB7E7FD2CB4972B84139EDA58073E1", "header": "Defense language continuing education program" }, { "text": "559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system \nThe Secretary of Defense may not implement a civilian faculty tenure system for the United States Air Force Academy (in this section referred to as the Academy ) until the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the following: (1) How a civilian faculty tenure system would promote the mission of the Academy. (2) How a civilian faculty tenure system would affect the current curricular governance process of the Academy. (3) How the Academy will determine the number of civilian faculty at the Academy who would be granted tenure. (4) How a tenure system would be structured for Federal employees at the Academy, including exact details of specific protections and limitations. (5) The budget implications of implementing a tenure system for the Academy. (6) The faculty qualifications that would be required to earn and maintain tenure. (7) The reasons for termination of tenure that will be implemented and how a tenure termination effort would be conducted.", "id": "H3C0BDBEE60C64A42A95141C61639F5CC", "header": "Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system" }, { "text": "559D. Professional military education: report; definition \n(a) Report \n(1) In general \nNot later than July 1, 2022, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the definition of professional military education in the Department of Defense and the military departments as specified in subsection (c). (2) Elements \nThe report under this subsection shall include the following elements: (A) A consolidated summary of all definitions of the term professional military education used in the Department of Defense and the military departments. (B) A description of how such term is used in the Department of Defense in educational institutions, associated schools, programs, think tanks, research centers, and support activities. (C) An analysis of how such term— (i) applies to tactical, operational, and strategic settings; and (ii) is linked to mission requirements. (D) An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training. (E) The applicability of professional military education to the domains of warfare, including land, air, sea, space, and cyber. (F) With regards to online and virtual learning in professional military education— (i) an analysis of the use of such learning; and (ii) student satisfaction in comparison to traditional classroom learning. (b) Definition \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, using the report under subsection (a), shall standardize the definition of professional military education across the military departments and the Department of Defense.", "id": "H5511EF42A8B745109DF7528B557D695C", "header": "Professional military education: report; definition" }, { "text": "559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors \n(a) Report required \nNot later than June 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on training and courses of education offered to covered members regarding— (1) sexual assault; (2) sexual harassment; (3) extremism; (4) domestic violence; (5) diversity, equity, and inclusion; (6) military equal opportunity; (7) suicide prevention; and (8) substance abuse. (b) Elements \nThe report under subsection (a) shall identify, with regard to each training or course of education, the following: (1) Sponsor. (2) Location. (3) Method. (4) Frequency. (5) Number of covered members who have participated. (6) Legislation, regulation, instruction, or guidance that requires such training or course (if applicable). (7) Metrics of— (A) performance; (B) effectiveness; and (C) data collection. (8) Responsibilities of the Secretary of Defense or Secretary of a military department to— (A) communicate with non-departmental entities; (B) process feedback from trainers, trainees, and such entities; (C) connect such training or course to tactical, operational, and strategic goals; and (D) connect such training or course to other training regarding social reform and unhealthy behavior. (9) Analyses of— (A) whether the metrics described in paragraph (7) are standardized across the military departments; (B) mechanisms used to engage non-departmental entities to assist in the development of such training or courses; (C) incentives used to ensure the effectiveness of such training or courses; (D) how each training or courses is intended to change behavior; and (E) costs of such training and courses. (10) Recommendations of the Secretary of Defense to improve such training or courses, including the estimated costs to implement such improvements. (11) Any other information the Secretary of Defense determines relevant. (c) Covered member defined \nIn this section, the term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department.", "id": "H77FBF0139ECD4D3FA6B0952CE1DC3EFA", "header": "Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors" }, { "text": "559F. Report on status of Army Tuition Assistance Program Army IgnitED program \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the status of the Army IgnitED program of the Army’s Tuition Assistance Program. (b) Elements \nThe report required under subsection (a) shall describe— (1) the estimated date when the Army IgnitED program will be fully functional; (2) the estimated date when service members will be reimbursed for out of pocket expenses caused by processing delays and errors under the Army IgnitED program; and (3) the estimated date when institutions of higher education will be fully reimbursed for all costs typically provided through the Tuition Assistance Program but delayed due to processing delays and errors under the Army IgnitED program.", "id": "H5C182F003C654A15875B53D3107126DE", "header": "Report on status of Army Tuition Assistance Program Army IgnitED program" }, { "text": "559G. Briefing on cadets and midshipmen with speech disorders \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding nominees, who have speech disorders, to each military service academy. Such briefing shall include the following: (1) The number of such nominees were offered admission to the military service academy concerned. (2) The number of nominees described in paragraph (1) who were denied admission on the basis of such disorder. (3) Whether the admission process to a military service academy includes testing for speech disorders. (4) The current medical standards of each military service academy regarding speech disorders. (5) Whether the Superintendent of each military service academy provides speech therapy to mitigate speech disorders— (A) of nominees to such military service academy to facilitate admission of such nominees; and (B) of the cadets or midshipman at such military service academy.", "id": "HFBECA13F97D64740971028BB9DC6E64A", "header": "Briefing on cadets and midshipmen with speech disorders" }, { "text": "561. Expansion of support programs for special operations forces personnel and immediate family members \nSection 1788a(e) of title 10, United States Code, is amended— (1) in paragraph (4), by striking covered personnel and inserting covered individuals ; and (2) in paragraph (5)— (A) by striking covered personnel and inserting covered individuals ; (B) in subparagraph (B), by striking and at the end; (C) in subparagraph (C), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subparagraph: (D) immediate family members of individuals described in subparagraphs (A) or (B) in a case in which such individual died— (i) as a direct result of armed conflict; (ii) while engaged in hazardous service; (iii) in the performance of duty under conditions simulating war; or (iv) through an instrumentality of war..", "id": "H250740D4761945CCA1CAE421C7324E5F", "header": "Expansion of support programs for special operations forces personnel and immediate family members" }, { "text": "562. Improvements to the Exceptional Family Member Program \n(a) Expansion of advisory panel on community support for military families with special needs \nSection 563(d)(2) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 1781c note) is amended— (1) by striking seven and inserting nine ; (2) by inserting , appointed by the Secretary of Defense, after individuals ; (3) by inserting each before a member ; (4) by striking the second sentence and inserting In appointing individuals to the panel, the Secretary shall ensure that— ; and (5) by adding at the end the following: (A) one individual is the spouse of an enlisted member; (B) one individual is the spouse of an officer in a grade below O-6; (C) one individual is a junior enlisted member; (D) one individual is a junior officer; (E) individuals reside in different geographic regions; (F) one individual is a member serving at a remote installation or is a member of the family of such a member; and (G) at least two individuals are members serving on active duty, each with a dependent who— (i) is enrolled in the Exceptional Family Member Program; and (ii) has an individualized education program.. (b) Relocation \nThe Secretary of the military department concerned may, if such Secretary determines it feasible, permit a covered member who receives permanent change of station orders to elect, not later than 14 days after such receipt, from at least two locations that provide support for the dependent of such covered member with a special need. (c) Family member medical summary \nThe Secretary of a military department, in coordination with the Director of the Defense Health Agency, shall require that a family member medical summary, completed by a licensed and credentialed medical provider, is accessible in the electronic health record of the Department of Defense for subsequent review by a licensed medical provider. (d) Covered member defined \nIn this section, the term covered member means a member of an Armed Force— (1) under the jurisdiction of the Secretary of a military department; and (2) with a dependent with a special need.", "id": "H0A3B1F1258FD410B9E69A683C87B967E", "header": "Improvements to the Exceptional Family Member Program" }, { "text": "563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel \n(a) Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees \n(1) Assistance to schools with significant numbers of military dependent students \nOf the amount authorized to be appropriated for fiscal year 2022 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 20 U.S.C. 7703b ). (2) Local educational agency defined \nIn this subsection, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ). (b) Impact aid for children with severe disabilities \n(1) In general \nOf the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654A–77; 20 U.S.C. 7703a ). (2) Additional amount \nOf the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities. (3) Report \nNot later than March 31, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive.", "id": "H77B699D1007C49C6915180CC4BD61ED7", "header": "Certain assistance to local educational agencies that benefit dependents of military and civilian personnel" }, { "text": "564. Pilot program to establish employment fellowship opportunities for military spouses \n(a) Establishment \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense may establish a three-year pilot program to provide employment support to the spouses of members of the Armed Forces through a paid fellowship with employers across a variety of industries. In carrying out the pilot program, the Secretary shall take the following steps: (1) Enter into a contract or other agreement to conduct a career fellowship pilot program for military spouses. (2) Determine the appropriate capacity for the pilot program based on annual funding availability. (3) Establish evaluation criteria to determine measures of effectiveness and cost-benefit analysis of the pilot program in supporting military spouse employment. (b) Limitation on total amount of assistance \nThe total amount of the pilot program may not exceed $5,000,000 over the life of the pilot. (c) Reports \nNot later than two years after the Secretary establishes the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report that includes the following elements: (1) The number of spouses who participated in the pilot program annually. (2) The amount of funding spent through the pilot program annually. (3) A recommendation of the Secretary regarding whether to discontinue, expand, or make the pilot program permanent. (d) Final report \nNot later than 180 days after the pilot program ends, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report that includes the following elements: (1) The number of spouses who participated in the pilot program. (2) The amount of funding spent through the pilot program. (3) An evaluation of outcomes. (4) A recommendation of the Secretary regarding whether to make the pilot program permanent. (e) Termination \nThe pilot program shall terminate three years after the date on which the Secretary establishes the pilot program.", "id": "H79B76E38DE7C486EB437F8786F06A593", "header": "Pilot program to establish employment fellowship opportunities for military spouses" }, { "text": "565. Policy regarding remote military installations \n(a) Policy \nNot later than December 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a uniform policy for how to— (1) identify remote military installations; and (2) assess and manage challenges associated with remote military installations and military personnel assigned to remote locations. (b) Elements \nThe policy under subsection (a) shall address the following: (1) Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces. (2) Availability of housing, located on and off remote military installations. (3) Educational services for dependents of members of the Armed Forces, located on and off remote military installations. (4) Availability of health care. (5) Employment opportunities for military spouses. (6) Risks associated with having insufficient support services for members of the Armed Forces and their dependents. (c) Report \nNot later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy under this section. (d) Military installation defined \nIn this section, the term military installation has the meaning given that term in section 2801 of title 10, United States Code.", "id": "H514FC81F2C964BA681C0FB507110C982", "header": "Policy regarding remote military installations" }, { "text": "566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources \n(a) Plan required \nThe Secretary of Defense shall develop a plan to implement the recommendation of the Comptroller General of the United States, to address strategies for sharing information on outreach to military spouses regarding career assistance resources, in the report of the Government Accountability Office titled Military Spouse Employment: DOD Should Continue Assessing State Licensing Practices and Increase Awareness of Resources (GAO–21–193). The plan shall include the following elements: (1) A summary of actions that have been taken to implement the recommendation. (2) A summary of actions that will be taken to implement the recommendation, including how the Secretary plans to— (A) engage military services and installations, members of the Spouse Ambassador Network, and other local stakeholders to obtain information on the outreach approaches and best practices used by military installations and stakeholders; (B) overcome factors that may limit use of best practices; (C) disseminate best practices to relevant stakeholders; and (D) identify ways to and better coordinate with the Secretaries of Veterans Affairs, Labor, and Housing and Urban Development; and (E) a schedule, with specific milestones, for completing implementation of the recommendation. (b) Implementation; deadline \nNot later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a).", "id": "HEEA908C7AF17428EB0A4751498D8B85F", "header": "Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources" }, { "text": "567. Study on employment of military spouses \n(a) Study \n(1) In general \nThe Secretary of Defense shall conduct a study to identify employment barriers affecting military spouses. (2) Elements \nThe study conducted under paragraph (1) shall determine the following: (A) The rate or prevalence of military spouses who are currently employed and whether such military spouses have children. (B) The rate or prevalence of military spouses who are underemployed. (C) In connection with subparagraph (B), whether a military spouse would have taken a different position of employment if the military spouse were not impacted by the spouse who is a member of the Armed Forces. (D) The rate or prevalence of military spouses who, due to military affiliation, have experienced discrimination by civilian employers, including loss of employment, denial of a promotion, and difficulty in being hired. (E) Any other barriers of entry into the local workforce for military spouses, including— (i) state licensure requirements; (ii) availability of childcare; (iii) access to broadband; (iv) job availability in military communities; and (v) access to housing. (b) Report \nNot later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under this section, including any policy recommendations to address employment barriers identified by the study. (c) Definitions \nIn this section: (1) Military spouse \nThe term military spouse means the spouse of a member of the Armed Forces serving on active duty. (2) Congressional defense committees \nThe term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.", "id": "HB3AAE4588D0545879940C7056CCCE588", "header": "Study on employment of military spouses" }, { "text": "568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on how and the extent to which commanders of military installations connect military families with local nonprofit and government entities that provide services to military families, including assistance with housing.", "id": "H6B6F130C07624CD086ACEA9281945726", "header": "Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families" }, { "text": "569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs \n(a) Briefing \nNot later April 1, 2022, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the following: (1) The feasibility of developing a written process whereby an installation commander can certify the information contained in impact aid source check forms received by such installation commander from local educational agencies. (2) Benefits of working with local educational agencies to certify impact aid source check forms are submitted in the appropriate manner. (3) An estimated timeline to implement such a certification process. (b) Definitions \nIn this section: (1) The term impact aid source check form means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(a) ). (2) The term local educational agency has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).", "id": "H2D7ADA7426884491A89E4B06DA43F742", "header": "Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs" }, { "text": "569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program \n(a) Briefing required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the provision of legal services, under section 582(b)(7) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), to families enrolled in EFMP. (b) Elements \nThe briefing shall include the following elements: (1) Training, provided by civilian attorneys or judge advocates general, regarding special education. (2) Casework, relating to special education, of such civilian attorneys and judge advocates general. (3) Information on how such legal services tie in to broader EFMP support under the Individuals with Disabilities Education Act ( Public Law 91–230 ), including the geographic support model. (4) Other matters regarding such legal services that the Secretary of Defense determines appropriate. (5) Costs of such elements described in paragraphs (1) through (4). (c) Definitions \nIn this section: (1) The term EFMP means the Exceptional Family Member Program. (2) The terms child with a disability , free appropriate public education , and special education have the meanings given those terms in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ).", "id": "H697C73AA21A741AABF387E2CDB6C9964", "header": "Briefing on legal services for families enrolled in the Exceptional Family Member Program" }, { "text": "569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report \n(a) Review \nThe Comptroller General of the United States shall conduct a review of POTFF. Such review shall include the following: (1) With regards to current programs and activities of POTFF, an assessment of the sufficiency of the following domains: (A) Human performance. (B) Psychological and behavioral health. (C) Social and family readiness. (D) Spiritual. (2) A description of efforts of the Commander of United States Special Operations Command to assess the unique needs of members of special operations forces, including women and minorities. (3) A description of plans of the Commander to improve POTFF to better address the unique needs of members of special operations forces. (4) Changes in costs to the United States to operate POTFF since implementation. (5) Rates of participation in POTFF, including— (A) the number of individuals who participate; (B) frequency of use by such individuals; and (C) geographic locations where such individuals participate. (6) Methods by which data on POTFF is collected and analyzed. (7) Outcomes used to determine the effects of POTFF on members of special operations forces and their immediate family members, including a description of the effectiveness of POTFF in addressing unique needs of such individuals. (8) Any other matter the Comptroller General determines appropriate. (b) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Comptroller General shall brief the appropriate committees on the preliminary findings of the Comptroller General under such review. (c) Report \nThe Comptroller General shall submit to the appropriate committees a final report on such review at a date mutually agreed upon by the Comptroller General and the appropriate committees. (d) Definitions \nIn this section: (1) The term appropriate committees means the Committees on Armed Services of the Senate and House of Representatives. (2) The term POTFF means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code. (3) The term special operations forces means the forces described in section 167(j) of title 10, United States Code.", "id": "H3D899C4B2CC14BADB9AA07050EDD2E31", "header": "GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report" }, { "text": "571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces \n(a) Establishment of criteria \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and in coordination with the Secretaries of the military departments, shall establish criteria, consistent across the Armed Forces, for determining which uniform or clothing items across the Armed Forces are considered uniquely military for purposes of calculating the standard cash clothing replacement allowances, in part to reduce differences in out-of pocket costs incurred by enlisted members of the Armed Forces across the military services and by gender within an Armed Force. (b) Reviews \n(1) Quinquennial review \nThe Under Secretary shall review the criteria established under subsection (a) every five years after such establishment and recommend to the Secretaries of the military departments adjustments to clothing allowances for enlisted members if such allowances are insufficient to pay for uniquely military items determined pursuant to such criteria. (2) Periodic reviews \nThe Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, and in coordination with the Secretaries of the military departments, shall periodically review— (A) all uniform clothing plans of each Armed Force under the jurisdiction of the Secretary of a military department to identify data needed to facilitate cost discussions and make recommendations described in paragraph (1); (B) not less than once every five years, calculations of each Armed Force for standard clothing replacement allowances for enlisted members, in order to develop a standard by which to identify differences described in subsection (a); (C) not less than once every 10 years, initial clothing allowances for officers, in order to identify data necessary to facilitate cost discussions and make recommendations described in paragraph (1); and (D) all plans of each Armed Force under the jurisdiction of the Secretary of a military department for changing uniform items to determine if such planned changes will result in differences described in subsection (a). (c) Regulations \nNot later than September 30, 2022, each Secretary of a military department shall prescribe regulations that ensure the following: (1) The out-of-pocket cost to an officer or enlisted member of an Armed Force for a mandatory uniform item (or part of such uniform) may not exceed such cost to another officer or enlisted member of that Armed Force for such uniform (or part, or equivalent part, of such uniform) solely based on gender. (2) If a change to a uniform of an Armed Force affects only enlisted members of one gender, an enlisted member of such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted member relating to such change. (3) An individual who has separated or retired, or been discharged or dismissed, from the Armed Forces, shall not entitled to an allowance under paragraph (2). (d) Report \nNot later than December 31, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on— (1) the estimated production costs and average retail prices of military clothing items for members (including officers and enlisted members) of each Armed Force; and (2) a comparison of costs for male and female military clothing items for members of each Armed Force.", "id": "H8944B9EE9DA74C218CE9EEAA162E8F46", "header": "Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces" }, { "text": "572. Study on number of members of the Armed Forces who identify as Hispanic or Latino \nThe Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a study of the following: (1) The number of members of the regular components of the Armed Forces (including cadets and midshipmen at the military service academies) who identify as Hispanic or Latino, separated by rank. (2) A comparison of the percentage of the members described in paragraph (1) with the percentage of the population of the United States who are eligible to enlist or commission in the Armed Forces who identify as Hispanic or Latino. (3) A comparison of how each of the Armed Forces recruits individuals who identify as Hispanic or Latino. (4) A comparison of how each of the Armed Forces retains both officer and enlisted members who identify as Hispanic or Latino. (5) A comparison of how each of the Armed Forces promotes both officer and enlisted members who identify as Hispanic or Latino.", "id": "H1A13FBC4FEF3495EBDE11C3C184E4B3D", "header": "Study on number of members of the Armed Forces who identify as Hispanic or Latino" }, { "text": "573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting \nSection 113 of title 10, United States Code, is amended— (1) in subsection (c)(2), by inserting before the semicolon the following: , including the status of diversity and inclusion in the military service academies, the Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps programs of such department ; and (2) in subsection (m)— (A) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (B) by inserting after paragraph (4) the following new paragraph: (5) The number of graduates of the Senior Reserve Officers’ Training Corps during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department..", "id": "HEC70F19F11A4429FA2E84E6EBA21E645", "header": "Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting" }, { "text": "574. Extension of deadline for GAO report on equal opportunity at the military service academies \nSection 558 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended, in the matter preceding paragraph (1), by striking one year after the date of the enactment of this Act and inserting May 31, 2022.", "id": "H7E88ECEE834A4A6AA497D615F5637D74", "header": "Extension of deadline for GAO report on equal opportunity at the military service academies" }, { "text": "581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test \nSection 594 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking Not later than one year after the date of the enactment of this Act and inserting Not later than October 1, 2024.", "id": "H5C399D7BC3A34F55837A3CF55257CFF6", "header": "Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test" }, { "text": "582. Authorizations for certain awards \n(a) Medal of Honor to Charles R. Johnson for acts of valor during the Korean War \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Charles R. Johnson for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Charles R. Johnson on June 11 and 12, 1953, as a member of the Army serving in Korea, for which he was awarded the Silver Star. (b) Medal of Honor to Wataru Nakamura for acts of valor during the Korean War \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Wataru Nakamura for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Wataru Nakamura on May 18, 1951, as a member of the Army serving in Korea, for which he was awarded the Distinguished-Service Cross. (c) Medal of Honor to Bruno R. Orig for acts of valor during the Korean War \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Bruno R. Orig for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Bruno R. Orig on Februray 15, 1951, as a member of the Army serving in Korea, for which he was awarded the Distinguished-Service Cross. (d) Medal of Honor to Dennis M. Fujii for acts of valor during the Vietnam War \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Dennis M. Fujii for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Dennis M. Fujii on February 18 through 22, 1971, as a member of the Army serving in the Republic of Vietnam, for which he was awarded the Distinguished-Service Cross. (e) Medal of Honor to Edward N. Kaneshiro, for acts of valor during the Vietnam War \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Edward N. Kaneshiro for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Edward N. Kaneshiro on December 1, 1966, as a member of the Army serving in Vietnam, for which he was awarded the Distinguished-Service Cross. (f) Distinguished-Service Cross to Earl R. Fillmore, Jr. for acts of valor in Somalia \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to Earl R. Fillmore, Jr. for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Earl R. Fillmore, Jr. on October 3, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (g) Distinguished-Service Cross to Robert L. Mabry for acts of valor in Somalia \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to Robert L. Mabry for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of Robert L. Mabry on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (h) Distinguished-Service Cross to John G. Macejunas for acts of valor in Somalia \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to John G. Macejunas for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of John G. Macejunas on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (i) Distinguished-Service Cross to William F. Thetford for acts of valor in Somalia \n(1) Authorization \nNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to William F. Thetford for the acts of valor described in paragraph (2). (2) Acts of valor described \nThe acts of valor described in this paragraph are the actions of William F. Thetford on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star.", "id": "H90E8D4CE7F254DC8864389A82960C0C7", "header": "Authorizations for certain awards" }, { "text": "583. Establishment of the Atomic Veterans Commemorative Service Medal \n(a) Service medal required \nThe Secretary of Defense shall design and produce a commemorative military service medal, to be known as the Atomic Veterans Commemorative Service Medal , to commemorate the service and sacrifice of veterans who were instrumental in the development of our nations atomic and nuclear weapons programs. (b) Eligibility requirements \n(1) The Secretary of Defense shall, within 180 days after the date of enactment of this Act, determine eligibility requirements for this medal. (2) Sixty days prior to publishing the eligibility requirements for this medal, the Secretary of Defense shall submit proposed eligibility criteria under paragraph (1) to the Committees on Armed Services of the Senate and House of Representatives for comment. (3) The Secretary of Defense may require persons to submit supporting documentation for the medal authorized in subsection (a) to determine eligibility under paragraph (1). (c) Distribution of medal \n(1) Issuance to retired and former members \nAt the request of an eligible veteran, the Secretary of Defense shall issue the Atomic Veterans Commemorative Service Medal to the eligible veteran. (2) Issuance to next-of-kin \nIn the case of a veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Commemorative Service Medal to the next-of-kin of the persons. If applications for a medal are filed by more than one next of kin of a person eligible to receive a medal under this section, the Secretary of Defense shall determine which next-of-kin will receive the medal. (3) Application \nThe Secretary shall prepare and disseminate as appropriate an application by which veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal. (d) Authorization of appropriations \nThere is authorized to be appropriated such sum as may be necessary to carry out this section.", "id": "H06BBFAC358664AEABD0F1427F82FFD30", "header": "Establishment of the Atomic Veterans Commemorative Service Medal" }, { "text": "584. Updates and preservation of memorials to chaplains at Arlington National Cemetery \n(a) Updates and preservation of memorials \n(1) Protestant chaplains memorial \nThe Secretary of the Army may permit NCMAF— (A) to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial; (B) to provide an updated bronze plaque, described in subparagraph (A), including the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and (C) to make such other updates and corrections to the memorial that the Secretary determines necessary. (2) Catholic and Jewish chaplain memorials \nThe Secretary of the Army may permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that the Secretary determines necessary. (3) No cost to Federal Government \nThe activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government. (b) Verification of names \nNCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served. (c) Prohibition on expansion of memorials \nExcept as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act. (d) Definitions \nIn this section: (1) The term Chaplains Hill means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill. (2) The term NCMAF means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section.", "id": "H12AB5026076349539F7026E98FB46F42", "header": "Updates and preservation of memorials to chaplains at Arlington National Cemetery" }, { "text": "585. Reports on security force personnel performing protection level one duties \n(a) In general \nThe Secretary of the Air Force shall submit to the congressional defense committees a report on the status of security force personnel performing protection level one (PL–1) duties— (1) not later than 90 days after the date of the enactment of this Act; and (2) concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to section 1105(a) of title 31, United States Code. (b) Elements \nEach report required by subsection (a) shall include the following: (1) The number of Air Force personnel performing, and the number of unfilled billets designated for performance of, PL–1 duties on a full-time basis during the most recent fiscal year that ended before submission of the report. (2) The number of such personnel disaggregated by mission assignment during that fiscal year. (3) The number of such personnel and unfilled billets at each major PL–1 installation during that fiscal year and a description of the rank structure of such personnel. (4) A statement of the time, by rank structure, such personnel were typically assigned to perform PL–1 duties at each major PL–1 installation during that fiscal year. (5) The retention rate for security personnel performing such duties during that fiscal year. (6) The number of Air Force PL–1 security force members deployed to support another Air Force mission or a joint mission with another military department during that fiscal year. (7) A description of the type of training for security personnel performing PL–1 duties during that fiscal year. (8) An assessment of the status of replacing the existing fleet of high mobility multipurpose wheeled vehicles (HMMWV) and BearCat armored vehicles, by PL–1 installation. (9) Such other matters as the Secretary considers appropriate relating to security force personnel performing PL–1 duties during the period of five fiscal years after submission of the report.", "id": "HCF87CFBFAF324924AC47303442B4608D", "header": "Reports on security force personnel performing protection level one duties" }, { "text": "586. GAO study on tattoo policies of the Armed Forces \n(a) Study \nThe Comptroller General of the United States shall evaluate the tattoo policies of each Armed Force, including— (1) the effects of such policies on recruitment, retention, reenlistment of members of the Armed Forces; and (2) processes for waivers to such policies to recruit, retain, or reenlist members who have unauthorized tattoos. (b) Briefing \nNot later than March 31, 2022, the Comptroller General shall brief the Committees on Armed Services of the Senate and House of Representatives on preliminary findings of such evaluation. (c) Report \nNot later than July 1, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of such evaluation.", "id": "HDA1F27DF093245FE909F3961C3E881AA", "header": "GAO study on tattoo policies of the Armed Forces" }, { "text": "587. Briefing regarding best practices for community engagement in Hawaii \n(a) Briefing required \nNot later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense and the Secretaries of the military departments shall jointly submit to Congress a briefing on best practices for coordinating relations with State and local governmental entities in the State of Hawaii. (b) Best practices \nThe best practices referred to in subsection (a) shall address each of the following issues: (1) Identify comparable locations with joint base military installations or of other densely populated metropolitan areas with multiple military installations and summarize lessons learns from any similar efforts to engage with the community and public officials. (2) Identify all the major community engagement efforts by the services, commands, installations and other military organizations in the State of Hawaii. (3) Evaluate the current community outreach efforts to identify any outreach gaps or coordination challenges that undermine the military engagement with the local community and elected official in the State of Hawaii. (4) Propose options available to create an enhanced, coordinated community engagement effort in the State of Hawaii based on the department’s evaluation. (5) Resources to support the coordination described in this subsection, including the creation of joint liaison offices that are easily accessible to public officials to facilitate coordinating relations with State and local governmental agencies.", "id": "H58541A562F474814A3312D2D97DC962E", "header": "Briefing regarding best practices for community engagement in Hawaii" }, { "text": "601. Basic needs allowance for members on active service in the Armed Forces \n(a) In general \nChapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section: 402b. Basic needs allowance for members on active service in the Armed Forces \n(a) Allowance required \nThe Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c). (b) Eligible members \nA member on active service in the armed forces is eligible for the allowance under subsection (a) if— (1) the member has completed initial entry training; (2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and (3) the member— (A) is not ineligible for the allowance under subsection (d); and (B) does not elect under subsection (g) not to receive the allowance. (c) Amount of allowance \nThe amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to— (1) (A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus (B) the gross household income of the member during the preceding calendar year; divided by (2) 12. (d) Bases of ineligibility \n(1) In general \nThe following members are ineligible for the allowance under subsection (a): (A) A member who does not have any dependents. (B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. (2) Household with more than one eligible member \nIn the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. (3) Automatic ineligibility of members receiving certain pay increases \nA member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). (4) Ineligibility of certain changes in income \nA member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank. (e) Application by members seeking allowance \n(1) In general \nA member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. (2) Timing of submission \nA member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually. (3) Voluntary submission \nThe submission of an application under paragraph (1) is voluntary. (4) Screening of members for eligibility \nThe Secretary of Defense shall— (A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and (B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). (f) Determinations of eligibility \n(1) In general \nThe Secretary concerned shall— (A) determine which members of the armed forces are eligible under subsection (b); and (B) notify each such member, in writing, of that determination. (2) Information included in notice \nThe notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible. (g) Election not to receive allowance \n(1) In general \nA member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance. (2) Deemed ineligible \nA member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). (h) Special rule for members stationed outside United States \nIn the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. (i) Regulations \nNot later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. (j) Effective period \n(1) Implementation period \nThe allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (2) Termination \nThe allowance under subsection (a) may not be paid for any month beginning after December 31, 2027. (k) Definitions \nIn this section: (1) Gross household income \nThe term gross household income , with respect to a member of the armed forces, includes— (A) all household income, derived from any source; minus (B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude. (2) Household \nThe term household means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.. (b) Study \n(1) In general \nThe Secretary of Defense shall conduct a study on food insecurity in the Armed Forces. Results of such study shall include the following elements: (A) An analysis of food deserts that affect members of the Armed Forces, and their families, who live in areas with high costs of living. (B) A comparison of— (i) the current method employed by the Secretary of Defense to determine areas with high costs of living; (ii) local level indicators used by the Bureau of Labor Statistics that indicate buying power and consumer spending in specific geographic areas; (iii) indicators used by the Department of Agriculture in market basket analyses and other measures of local and regional food costs. (C) The feasibility of implementing a web portal for a member of any Armed Force to apply for the allowance under section 402b of title 37, United States Code, added by subsection (a), including— (i) cost; (ii) ease of use; (iii) access; (iv) privacy; and (v) any other factor the Secretary determines appropriate. (D) The development of a process to determine an appropriate allowance to supplement the income of members who suffer food insecurity. (E) Outcomes of forums with beneficiaries, military service organizations, and advocacy groups to elicit information regarding the effects of food insecurity on members and their dependents. The Secretary of Defense and each Secretary of a military department shall conduct at least one such forum, only one of which may be conducted in the National Capital Region. (F) An estimate of costs to implement each recommendation of the Secretary developed pursuant to this paragraph. (G) Any other information the Secretary determines appropriate. (2) Briefing \nNot later than April 1, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on initial findings of the study. (3) Report \nNot later than October 1, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of the study. (4) Definitions \nIn this subsection: (A) The term food desert means an area, determined by the Secretary of Defense, where it is difficult to obtain affordable or high-quality fresh food. (B) The term National Capital Region has the meaning given such term in section 2674 of title 10, United States Code. (c) Reports on effects of allowance on food insecurity \nNot later than December 31, 2025, and June 1, 2028, the Secretary of Defense shall submit to the congressional defense committees a report regarding the effect of the allowance under section 402b of title 37, United States Code, added by subsection (a), on food insecurity among members of the Armed Forces. (d) Clerical amendment \nThe table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item: 402b. Basic needs allowance for members on active service in the Armed Forces..", "id": "H740BE87C448348ED82C57E8020FE154F", "header": "Basic needs allowance for members on active service in the Armed Forces" }, { "text": "402b. Basic needs allowance for members on active service in the Armed Forces \n(a) Allowance required \nThe Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c). (b) Eligible members \nA member on active service in the armed forces is eligible for the allowance under subsection (a) if— (1) the member has completed initial entry training; (2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and (3) the member— (A) is not ineligible for the allowance under subsection (d); and (B) does not elect under subsection (g) not to receive the allowance. (c) Amount of allowance \nThe amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to— (1) (A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus (B) the gross household income of the member during the preceding calendar year; divided by (2) 12. (d) Bases of ineligibility \n(1) In general \nThe following members are ineligible for the allowance under subsection (a): (A) A member who does not have any dependents. (B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. (2) Household with more than one eligible member \nIn the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. (3) Automatic ineligibility of members receiving certain pay increases \nA member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). (4) Ineligibility of certain changes in income \nA member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank. (e) Application by members seeking allowance \n(1) In general \nA member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. (2) Timing of submission \nA member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually. (3) Voluntary submission \nThe submission of an application under paragraph (1) is voluntary. (4) Screening of members for eligibility \nThe Secretary of Defense shall— (A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and (B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). (f) Determinations of eligibility \n(1) In general \nThe Secretary concerned shall— (A) determine which members of the armed forces are eligible under subsection (b); and (B) notify each such member, in writing, of that determination. (2) Information included in notice \nThe notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible. (g) Election not to receive allowance \n(1) In general \nA member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance. (2) Deemed ineligible \nA member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). (h) Special rule for members stationed outside United States \nIn the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. (i) Regulations \nNot later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. (j) Effective period \n(1) Implementation period \nThe allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (2) Termination \nThe allowance under subsection (a) may not be paid for any month beginning after December 31, 2027. (k) Definitions \nIn this section: (1) Gross household income \nThe term gross household income , with respect to a member of the armed forces, includes— (A) all household income, derived from any source; minus (B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude. (2) Household \nThe term household means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.", "id": "HC1129390A6F94D688E99F845701AAA63", "header": "Basic needs allowance for members on active service in the Armed Forces" }, { "text": "602. Equal incentive pay for members of the reserve components of the Armed Forces \n(a) In general \nSubchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 357. Incentive pay authorities for members of the reserve components of the armed forces \nNotwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.. (b) Technical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 356 the following: 357. Incentive pay authorities for members of the reserve components of the armed forces.. (c) Report \nNot later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing— (1) the plan of the Secretary to implement section 357 of such title, as added by subsection (a); (2) an estimate of the costs of such implementation; (3) the number of members described in such section; and (4) any other matter the Secretary determines relevant. (d) Implementation date \nThe Secretary may not implement section 357 of such title, as added by subsection (a) until after— (1) submission of the report under subsection (b); and (2) the Secretary determines and certifies in writing to the Committees on Armed Services of the Senate and House of Representatives that such implementation shall not have a detrimental effect on the force structure of an Armed Force concerned, including with regard to recruiting or retention of members in the regular component of such Armed Force.", "id": "H96B711CBDAE44666949942984760E576", "header": "Equal incentive pay for members of the reserve components of the Armed Forces" }, { "text": "357. Incentive pay authorities for members of the reserve components of the armed forces \nNotwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.", "id": "HEF60C5ED4A704DB8872F9139E2CA0541", "header": "Incentive pay authorities for members of the reserve components of the armed forces" }, { "text": "603. Expansions of certain travel and transportation authorities \n(a) Lodging in kind for reserve component members performing training \n(1) In general \nSection 12604 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Lodging in kind \n(1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind. (2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned. (3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses. (4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.. (2) Conforming amendment \nSection 474 of title 37, United States Code, is amended by striking subsection (i). (b) Mandatory pet quarantine fees for household pets \nSection 451(b)(8) of title 37, United States Code, is amended by adding at the end the following: Such costs include pet quarantine expenses.. (c) Student dependent transportation \n(1) In general \nSection 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraphs: (18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii). (19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.. (2) Definitions \nSection 451 of title 37, United States Code, as amended by subsection (b) of this section, is amended— (A) in subsection (a)(2)(H), by adding at the end the following new clauses: (vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States (other than in Alaska or Hawaii). (viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location. ; and (B) in subsection (b), by adding at the end the following new paragraph: (10) (A) The term permanent duty assignment location means— (i) the official station of a member of the uniformed services; or (ii) the residence of a dependent of a member of the uniformed services. (B) As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student.. (d) Dependent transportation incident to ship construction, inactivation, and overhauling \n(1) In general \nSection 452 of title 37, United States Code, as amended by subsection (c) of this section, is further amended— (A) in subsection (b), by adding at the end the following new paragraph: (20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction. ; and (B) by adding at the end the following new subsection: (i) Dependent transportation incident to ship construction, inactivation, and overhauling \nThe authority under subsection (a) for travel in connection with circumstances described in subsection (b)(20) shall be subject to the following terms and conditions: (1) The member of the uniformed services must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter. (2) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member’s entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation. (3) The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.. (2) Definitions \nSection 451(a)(2)(H) of title 37, United States Code, as amended by subsection (c) of this section, is further amended by adding at the end the following new clause: (ix) Transportation of a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.. (e) Technical correction \nSection 2784a(a)(3) of title 10, United States Code, is amended by striking section 474 and inserting section 452.", "id": "HAC630AE8C36340D1A8D821DA0960ED42", "header": "Expansions of certain travel and transportation authorities" }, { "text": "604. Repeal of expiring travel and transportation authorities \n(a) In general \nEffective December 31, 2021, subchapter III of chapter 8 of title 37, United States Code, is repealed. (b) Clerical amendment \nThe table of sections at the beginning of chapter 8 of such title is amended by striking the items relating to subchapter III and sections 471 through 495.", "id": "H87DDA084AEC8456B865C99E69CD7AA7E", "header": "Repeal of expiring travel and transportation authorities" }, { "text": "605. Requirements in connection with suspension of retired pay and retirement annuities \n(a) Annual eligibility determination procedures \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations a single annual eligibility determination procedure for determinations of eligibility for military retired or retainer pay and survivor annuities in connection with military service as a replacement of the current procedures in connection with the Certificate of Eligibility and Report of Existence for military retirees and annuitants. (b) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on a process by which notifications of the death of a military retiree or annuitant may be determined with respect to the termination of eligibility for benefits.", "id": "H84113AE2D851439ABE6761894A22D64C", "header": "Requirements in connection with suspension of retired pay and retirement annuities" }, { "text": "606. Report on relationship between basic allowance for housing and sizes of military families \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on whether the basic allowance for housing under section 403 of title 37, United States Code, is sufficient for the average family size of members of the Armed Forces, disaggregated by rank and military housing area.", "id": "H4C95D386FC3B45FEAA13D2B70A753AD6", "header": "Report on relationship between basic allowance for housing and sizes of military families" }, { "text": "607. Report on certain moving expenses for members of the Armed Forces \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on moving expenses incurred by members of the Armed Forces and their families that exceed such expenses covered by the Joint Travel Regulations for the Uniformed Services, disaggregated by Armed Force, rank, and military housing area. In such report, the Secretary shall examine the root causes of such expenses.", "id": "HF784A2D43F6B45C6A08659250FF1F312", "header": "Report on certain moving expenses for members of the Armed Forces" }, { "text": "608. Report on temporary lodging expenses in competitive housing markets \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the appropriateness of the maximum payment period of 10 days under subsection (c) of section 474a of title 37, United States Code in highly competitive housing markets. Such report shall include how the Secretary educates members of the Armed Forces and their families about their ability to request payment under such section.", "id": "HA47FB5255413493B975856125D9D8F60", "header": "Report on temporary lodging expenses in competitive housing markets" }, { "text": "609. Report on rental partnership programs \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the rental partnership programs of the Armed Forces. Such report shall include— (1) the numbers and percentages of members of the Armed Forces who do not live in housing located on military installations who participate in such programs; and (2) the recommendation of the Secretary whether Congress should establish annual funding for such programs and, if so, what in amounts.", "id": "HDD070556A1704C029C4EEF6C8367C3DF", "header": "Report on rental partnership programs" }, { "text": "611. One-year extension of certain expiring bonus and special pay authorities \n(a) Authorities relating to reserve forces \nSection 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Title 10 authorities relating to health care professionals \nThe following sections of title 10, United States Code, are amended by striking December 31, 2021 and inserting December 31, 2022 : (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Authorities relating to nuclear officers \nSection 333(i) of title 37, United States Code, is amended by striking December 31, 2021 and inserting December 31, 2022. (d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities \nThe following sections of title 37, United States Code, are amended by striking December 31, 2021 and inserting December 31, 2022 : (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (e) Authority to provide temporary increase in rates of basic allowance for housing \nSection 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2021 and inserting December 31, 2022.", "id": "H92798831113140CB94ABEB107AD5860F", "header": "One-year extension of certain expiring bonus and special pay authorities" }, { "text": "621. Extension of paid parental leave \n(a) In general \nSection 701 of title 10, United States Code, is amended— (1) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (A), by striking a member and all that follows through the period at the end and inserting the following: a member of the armed forces described in paragraph (2) is allowed up to a total of 12 weeks of parental leave during the one-year period beginning after the following events: (i) The birth or adoption of a child of the member and in order to care for such child. (ii) The placement of a minor child with the member for adoption or long-term foster care. ; and (ii) by striking subparagraph (B) and inserting the following: (B) (i) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) to be taken after the one-year period described in such paragraph in the case of a member described in paragraph (2) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of— (I) operational requirements; (II) professional military education obligations; or (III) other circumstances that the Secretary determines reasonable and appropriate. (ii) The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline. ; (B) by striking paragraphs (3), (8), and (10) and redesignating paragraphs (4), (5), (6), (7), and (9) as paragraphs (3), (4), (5), (6), and (7), respectively; (C) in paragraph (3), as redesignated by subparagraph (B), by striking the matter preceding the em dash and inserting A member who has given birth may receive medical convalescent leave in conjunction with such birth. Medical convalescent leave in excess of the leave under paragraph (1) may be authorized if such additional medical convalescent leave ; (D) in paragraph (4), as so redesignated, by striking paragraphs (1) and (4) and inserting paragraphs (1) and (3) ; (E) in paragraph (5)(A), as so redesignated, by inserting , subject to the exceptions in paragraph (1)(B)(ii) after shall be forfeited ; and (F) in paragraph (7)(B), as so redesignated, by striking paragraph (4) and inserting paragraph (3) ; (2) by striking subsection (j) and redesignating subsections (k) and (l) as subsections (j) and (k), respectively; and (3) by adding at the end the following new subsection (l): (l) A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and— (1) at the election of such member; or (2) in the interest of national security, as determined by the Secretary of Defense.. (b) Effective date \nThe amendments made by subsection (a) shall take effect one year after the date of the enactment of this Act. (c) Regulations \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the amendments made by subsection (a). (d) Reporting \nNot later than January 1, 2023, and annually thereafter, each Secretary of a military department shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report regarding the use, during the preceding fiscal year, of leave under subsections (i) and (j) of section 701 of such title, as amended by subsection (a), disaggregated by births, adoptions, and foster placements, including the number of members of the Armed Forces who— (1) used the maximum amount of primary caregiver leave; and (2) used leave in multiple increments.", "id": "HB0D82DFC1A604BF48A4B8F99DF778166", "header": "Extension of paid parental leave" }, { "text": "622. Bereavement leave for members of the Armed Forces \n(a) In general \nSection 701 of title 10, United States Code, is amended by adding at the end the following new subsection: (m) (1) (A) Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subparagraph (B) is allowed up to two weeks of leave to be used in connection with the death of an immediate family member. (B) Subparagraph (A) applies to the following members: (A) A member on active duty. (B) A member of a reserve component performing active Guard and Reserve duty. (C) A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months. (2) Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) shall not have his or her leave account reduced as a result of taking such leave if such member’s accrued leave is fewer than 30 days. Members with 30 or more days of accrued leave shall be charged for bereavement leave until such point that the member’s accrued leave is less than 30 days. Any remaining bereavement leave taken by such member in accordance with paragraph (1) after such point shall not be chargeable to the member. (3) In this section, the term immediate family member , with respect to a member of the armed forces, means— (A) the member's spouse; or (B) a child of the member.. (b) Effective date \nThe amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act.", "id": "H1BFE79F441BB4D77AA693AF737857D47", "header": "Bereavement leave for members of the Armed Forces" }, { "text": "623. Travel and transportation allowances for family members to attend the funeral and memorial services of members \nSection 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: (18) Presence of family members at the funeral and memorial services of members..", "id": "H553D56F4DB54454DBD9CC48AE58FDD66", "header": "Travel and transportation allowances for family members to attend the funeral and memorial services of members" }, { "text": "624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care \nSection 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by inserting (1) before The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate..", "id": "H76CBDBE040C547B3B921DF779DEC6C9B", "header": "Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care" }, { "text": "625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States \n(a) In general \nThe Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the authority under subsection (b) to hire spouses of members of the uniformed services at locations outside the United States. (b) Authority \nIn carrying out the pilot program under this section, the Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such chapter), a spouse of a member of the uniformed services stationed at a duty location outside the United States to a position described in subsection (c) if— (1) the spouse has been authorized to accompany the member to the duty location at Government expense; and (2) the duty location is within reasonable commuting distance, as determined by the Secretary concerned, of the location of the position. (c) Position described \nA position described in this subsection is a competitive service position within the Department of Defense that is located outside the United States. (d) Term of appointment \n(1) In general \nAn appointment made under this section shall be for a term not exceeding two years. (2) Renewal \nThe Secretary of Defense may renew an appointment made under this section for not more than two additional terms, each not exceeding two years. (3) Termination \nAn appointment made under this section shall terminate on the date on which the member of the uniformed services relocates back to the United States in connection with a permanent change of station. (e) Payment of travel and transportation allowances \nNothing in this section may be construed to authorize additional travel or transportation allowances in connection with an appointment made under this section. (f) Relationship to other law \nNothing in this section may be construed to interfere with— (1) the authority of the President under section 3304 of title 5, United States Code; (2) the authority of the President under section 1784 of title 10, United States Code; (3) the ability of the head of an agency to make noncompetitive appointments pursuant to section 3330d of title 5, United States Code; or (4) any obligation under any applicable treaty, status of forces agreement, or other international agreement between the United States Government and the government of the country in which the position is located. (g) Reports required \n(1) In general \nNot later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the following: (A) The number of individuals appointed under this section. (B) The position series and grade to which each individual described in subparagraph (A) was appointed. (C) Demographic data on the individuals described in subparagraph (A), including with respect to race, gender, age, and education level attained. (D) Data on the members of the uniformed services whose spouses have been appointed under this section, including the rank of each such member. (E) Such recommendations for legislative or administrative action as the Secretary considers appropriate relating to continuing or expanding the pilot program. (2) Final report \nNot later than December 31, 2026, the Secretary shall submit to the appropriate committees of Congress a final report setting forth the information under paragraph (1). (h) Termination \nThe pilot program under this section shall terminate on December 31, 2026. (i) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives. (2) Secretary concerned \nThe term Secretary concerned — (A) has the meaning given the term in section 101(a)(9) of title 10, United States Code; and (B) includes— (i) the Secretary of Commerce, with respect to matters concerning the commissioned officer corps of the National Oceanic and Atmospheric Administration; and (ii) the Secretary of Health and Human Services, with respect to matters concerning the commissioned corps of the Public Health Service. (3) Uniformed Services \nThe term uniformed services has the meaning given the term in section 101(a)(5) of title 10, United States Code. (4) United States \nThe term United States has the meaning given that term in section 101(a)(1) of title 10, United States Code.", "id": "H40A32D032B2048AFAEDD73F428BB220B", "header": "Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States" }, { "text": "626. Casualty assistance program: reform; establishment of working group \n(a) Casualty Assistance Reform Working Group \n(1) Establishment \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the Casualty Assistance Reform Working Group (in this section referred to as the Working Group ). (2) Duties \nThe Working Group shall perform the following duties: (A) Create standards and training for CAOs across the military departments. (B) Explore the possibility of establishing a unique badge designation for— (i) CAOs who have performed CAO duty more than five times; or (ii) professional CAOs. (C) Examine the current workflow of casualty affairs support across the military departments, including administrative processes and survivor engagements. (D) Perform a gap analysis and solution document that clearly identifies and prioritizes critical changes to modernize and professionalize the casualty experience for survivors. (E) Review the organization of the Office of Casualty, Mortuary Affairs and Military Funeral Honors to ensure it is positioned to coordinate policy and assist in all matters under its jurisdiction, across the Armed Forces, including any potential intersections with the Defense Prisoner of War and Missing in Action Accounting Agency. (F) Explore the establishment of— (i) an annual meeting, led by the Secretary of Defense, with gold star families; and (ii) a surviving and gold star family leadership council. (G) Recommend improvements to the family notification process of Arlington National Cemetery. (H) Explore the redesign of the Days Ahead Binder, including creating an electronic version. (I) Consider the expansion of the DD Form 93 to include more details regarding the last wishes of the deceased member. (J) Assess coordination between the Department of Defense and the Office of Survivors Assistance of the Department of Veterans Affairs. (3) Membership \nThe membership of the Working Group shall be composed of the following: (A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as Chair of the Working Group. (B) At least one person furnished with a gold star lapel button under section 1126 of title 10, United States Code, by each Secretary of a military department. (C) Other members of the Armed Forces or civilian employees of the Department of Defense, appointed by the Secretary of Defense, based on knowledge of, and experience with, matters described in paragraph (2). (4) Report \nNot later than September 30, 2022, the Working Group shall submit to the Secretary of Defense a report containing the determinations and recommendations of the Working Group. (5) Termination \nThe Working Group shall terminate upon submission of the report under paragraph (4). (b) Report required \nNot later than November 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the casualty assistance officer program, including the report of the Working Group. (c) Establishment of certain definitions \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall publish an interim rule that establishes standard definitions, for use across the military departments, of the terms gold star family and gold star survivor. (d) CAO defined \nIn this section, the term CAO means a casualty assistance officer of the Armed Forces.", "id": "HAC9BEC7FA2754F54BC36AC46716DE525", "header": "Casualty assistance program: reform; establishment of working group" }, { "text": "631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores \nSection 2484(h) of title 10, United States Code, is amended— (1) in paragraph (5), by adding at the end the following new subparagraphs: (F) Amounts made available for any purpose set forth in paragraph (1) pursuant to an agreement with a host nation. (G) Amounts appropriated for repair or reconstruction of a commissary store in response to a disaster or emergency. ; and (2) by adding at the end the following new paragraph: (6) Revenues made available under paragraph (5) for the purposes set forth in paragraphs (1), (2), and (3) may be supplemented with additional funds derived from— (A) improved management practices implemented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; and (B) the variable pricing program implemented pursuant to subsection (i)..", "id": "H888720D659E74288A47F55C8FF52DFF6", "header": "Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores" }, { "text": "641. Alexander Lofgren Veterans in Parks program \nSection 805 of the Federal Lands Recreation Enhancement Act ( Public Law 108–447 ; 118 Stat. 3385; 16 U.S.C. 6804 ) is amended— (1) in subsection (a)(4), by striking age and disability discounted and inserting age discount and lifetime ; and (2) in subsection (b)— (A) in the heading, by striking Discounted and inserting Free and discounted ; (B) in paragraph (2)— (i) in the heading, by striking Disability discount and inserting Lifetime passes ; and (ii) by striking subparagraph (B) and inserting the following: (B) Any veteran who provides adequate proof of military service as determined by the Secretary. (C) Any member of a Gold Star Family who meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction). ; and (C) in paragraph (3)— (i) in the heading, by striking Gold star families parks pass and inserting Annual passes ; and (ii) by striking members of and all that follows through the end of the sentence and inserting members of the Armed Forces and their dependents who provide adequate proof of eligibility for such pass as determined by the Secretary..", "id": "H76D1BD674640431D9721F94F1DEA0EEF", "header": "Alexander Lofgren Veterans in Parks program" }, { "text": "701. Eating disorders treatment for certain members of the Armed Forces and dependents \n(a) Eating disorders treatment for certain dependents \nSection 1079 of title 10, United States Code, is amended— (1) in subsection (a), by adding at the end the following new paragraph: (18) Treatment for eating disorders may be provided in accordance with subsection (r). ; and (2) by adding at the end the following new subsection: (r) (1) The provision of health care services for an eating disorder under subsection (a)(18) may include the following services: (A) Outpatient services for in-person or telehealth care, including partial hospitalization services and intensive outpatient services. (B) Inpatient services, which shall include residential services only if medically indicated for treatment of a primary diagnosis of an eating disorder. (2) A dependent provided health care services for an eating disorder under subsection (a)(18) shall be provided such services without regard to— (A) the age of the dependent, except with respect to residential services under paragraph (1)(B), which may be provided only to a dependent who is not eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ); and (B) except as otherwise specified in paragraph (1)(B), whether the eating disorder is the primary or secondary diagnosis of the dependent. (3) In this section, the term eating disorder has the meaning given the term feeding and eating disorders in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.. (b) Limitation with respect to retirees \n(1) In general \nSection 1086(a) of title 10, United States Code, is amended by inserting and (except as provided in subsection (i)) treatments for eating disorders after eye examinations. (2) Exception \nSuch section is further amended by adding at the end the following new subsection: (i) If, prior to October 1, 2022, a category of persons covered by this section was eligible to receive a specific type of treatment for eating disorders under a plan contracted for under subsection (a), the general prohibition on the provision of treatments for eating disorders specified in such subsection shall not apply with respect to the provision of the specific type of treatment to such category of persons.. (c) Identification and treatment of eating disorders for members of the Armed Forces \n(1) In general \nChapter 55 of title 10, United States Code, is amended by— (A) redesignating section 1090a as section 1090b; and (B) inserting after section 1090 the following new section: 1090a. Identifying and treating eating disorders. \n(a) Identification, treatment, and rehabilitation \nThe Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. (b) Facilities available \n(1) In this section, the term necessary facilities includes facilities that provide the services specified in section 1079(r)(1) of this title. (2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder. (c) Eating disorder defined \nIn this section, the term eating disorder has the meaning given that term in section 1079(r) of this title.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1090a and inserting the following new items: 1090a. Identifying and treating eating disorders. 1090b. Commanding officer and supervisor referrals of members for mental health evaluations.. (d) Effective date \nThe amendments made by this section shall take effect on October 1, 2022.", "id": "H35D44CE3E5A24BE99D1BFA96C59A38FC", "header": "Eating disorders treatment for certain members of the Armed Forces and dependents" }, { "text": "1090a. Identifying and treating eating disorders. \n(a) Identification, treatment, and rehabilitation \nThe Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. (b) Facilities available \n(1) In this section, the term necessary facilities includes facilities that provide the services specified in section 1079(r)(1) of this title. (2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder. (c) Eating disorder defined \nIn this section, the term eating disorder has the meaning given that term in section 1079(r) of this title.", "id": "HFFC028BEDC4643D1B60187FBF1EE4467", "header": "Identifying and treating eating disorders." }, { "text": "702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program \nSection 1079(a) of title 10, United States Code, as amended by section 701 , is further amended by adding at the end the following new paragraph: (19) Preconception and prenatal carrier screening tests shall be provided to eligible covered beneficiaries, with a limit per beneficiary of one test per condition per lifetime, for the following conditions: (A) Cystic Fibrosis. (B) Spinal Muscular Atrophy. (C) Fragile X Syndrome. (D) Tay-Sachs Disease. (E) Hemoglobinopathies. (F) Conditions linked with Ashkenazi Jewish descent..", "id": "HDFDA11F198184AA596C9F3845030400C", "header": "Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program" }, { "text": "703. Revisions to TRICARE provider networks \n(a) TRICARE Select \nSection 1075 of title 10, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): (h) Authority for multiple networks in the same geographic area \n(1) The Secretary may establish a system of multiple networks of providers under TRICARE Select in the same geographic area or areas. (2) Under a system established under paragraph (1), the Secretary may— (A) require a covered beneficiary enrolling in TRICARE Select to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Select provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program; and (B) include beneficiaries covered by subsection (c)(2).. (b) TRICARE Prime \nSection 1097a of such title is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Authority for multiple networks in the same geographic area \n(1) The Secretary may establish a system of multiple networks of providers under TRICARE Prime in the same geographic area or areas. (2) Under a system established under paragraph (1), the Secretary may require a covered beneficiary enrolling in TRICARE Prime to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Prime provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program..", "id": "HC6CF66CCD93F4009BA595F077903C230", "header": "Revisions to TRICARE provider networks" }, { "text": "704. Self-initiated referral process for mental health evaluations of members of the Armed Forces \nSection 1090a of title 10, United States Code, is amended— (1) in subsection (c), by inserting or is required to make such a referral pursuant to the process described in subsection (e)(1)(A) after mental health evaluation ; (2) by redesignating subsection (e) as subsection (g); and (3) by inserting after subsection (d) the following new subsections: (e) Self-initiated referral process \n(1) The regulations required by subsection (a) shall, with respect to a member of the armed forces— (A) provide for a self-initiated process that enables the member to trigger a referral for a mental health evaluation by requesting such a referral from a commanding officer or supervisor who is in a grade above E-5; (B) ensure the function of the process described in subparagraph (A) by— (i) requiring the commanding officer or supervisor of the member to refer the member to a mental health provider for a mental health evaluation as soon as practicable following the request of the member (including by providing to the mental health provider the name and contact information of the member and providing to the member the date, time, and place of the scheduled mental health evaluation); and (ii) ensure the member may request a referral pursuant to subparagraph (A) on any basis (including on the basis of a concern relating to fitness for duty, occupational requirements, safety issues, significant changes in performance, or behavioral changes that may be attributable to possible changes in mental status); and (C) ensure that the process described in subparagraph (A)— (i) reduces stigma in accordance with subsection (b), including by treating referrals for mental health evaluations made pursuant to such process in a manner similar to referrals for other medical services, to the maximum extent practicable; and (ii) protects the confidentiality of the member to the maximum extent practicable, in accordance with requirements for the confidentiality of health information under the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ) and applicable privacy laws. (2) In making a referral for an evaluation of a member of the armed forces triggered by a request made pursuant to the process described in paragraph (1)(A), if the member has made such a request on the basis of a concern that the member is a potential or imminent danger to self or others, the commanding officer or supervisor of the member shall observe the following principles: (A) With respect to safety, if the commander or supervisor determines the member is exhibiting dangerous behavior, the first priority of the commander or supervisor shall be to ensure that precautions are taken to protect the safety of the member, and others, prior to the arrival of the member at the location of the evaluation. (B) With respect to communication, prior to such arrival, the commander or supervisor shall communicate to the provider to which the member is being referred (in a manner and to an extent consistent with paragraph (1)(C)(ii)), information on the circumstances and observations that led to— (i) the member requesting the referral; and (ii) the commander or supervisor making such referral based on the request. (f) Annual training requirement \nOn an annual basis, each Secretary concerned shall provide to the members of the Armed Forces under the jurisdiction of such Secretary a training on how to recognize personnel who may require mental health evaluations on the basis of the individual being an imminent danger to self or others, as demonstrated by the behavior or apparent mental state of the individual..", "id": "H0798E4740D714FE5B3FBE67F65C84E27", "header": "Self-initiated referral process for mental health evaluations of members of the Armed Forces" }, { "text": "705. Modifications to pilot program on health care assistance system \nSection 731(d) of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 1075 note) is amended— (1) in the matter preceding paragraph (1), by striking January 1, 2021 and inserting November 1, 2022 ; (2) in paragraph (1), by striking ; and and inserting a semicolon; (3) in paragraph (2), by striking the period and inserting ; and ; and (4) by adding at the end the following new paragraph: (3) input from covered beneficiaries who have participated in the pilot program regarding their satisfaction with, and any benefits attained from, such participation..", "id": "H5F10A8064E5A415CA130CFABFC9D6684", "header": "Modifications to pilot program on health care assistance system" }, { "text": "706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program \nSection 706 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a)(1), by striking may carry out and inserting shall carry out ; (2) in subsection (b), by striking March 1, 2021 and inserting March 1, 2022 ; (3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; (4) by inserting after subsection (d) the following new subsection (e): (e) Reimbursement \nIf the Secretary carries out the pilot program under subsection (a)(1), reimbursement of retail pharmacies for medication under the pilot program may not exceed the amount of reimbursement paid to the national mail-order pharmacy program under section 1074g of title 10, United States Code, for the same medication, after consideration of all manufacturer discounts, refunds, rebates, pharmacy transaction fees, and other costs. ; and (5) in subsection (f), as redesignated by paragraph (3)— (A) by striking paragraph (1) and inserting the following new paragraph (1): (1) Briefing \nNot later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the pilot program under subsection (a)(1) or on the determination of the Secretary under subsection (a)(2) that the Secretary is not permitted to carry out the pilot program. ; and (B) in paragraph (3)(A), by striking March 1, 2024 and inserting March 1, 2025.", "id": "H889432D5AA32452A8D7B5DA53E43DE4E", "header": "Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program" }, { "text": "707. Improvement of postpartum care for members of the Armed Forces and dependents \n(a) Clinical practice guidelines for postpartum care in military medical treatment facilities \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish clinical practice guidelines for the provision of postpartum care in military medical treatment facilities. Such guidelines shall take into account the recommendations of established professional medical associations and address the following matters: (1) Postpartum mental health assessments, including the appropriate intervals for furnishing such assessments and screening questions for such assessments (including questions relating to postpartum anxiety and postpartum depression). (2) Pelvic health evaluation and treatment, including the appropriate timing for furnishing a medical evaluation for pelvic health, considerations for providing consultations for physical therapy for pelvic health (including pelvic floor health), and the appropriate use of telehealth services. (3) Pelvic health rehabilitation services. (4) Obstetric hemorrhage treatment, including through the use of pathogen reduced resuscitative products. (b) Policy on scheduling of appointments for postpartum health care services \n(1) Policy required \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall establish a policy for the scheduling of appointments for postpartum health care services in military medical treatment facilities. In developing the policy, the Secretary shall consider the extent to which it is appropriate to facilitate concurrent scheduling of appointments for postpartum care with appointments for well-baby care. (2) Pilot program authorized \nThe Secretary may carry out a pilot program in one or more military medical treatment facilities to evaluate the effect of concurrent scheduling, to the degree clinically appropriate, of the appointments specified in paragraph (1). (c) Policy on postpartum physical fitness tests and body composition assessments \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a policy, which shall be standardized across each Armed Force to the extent practicable, for the time periods after giving birth that a member of the Armed Forces (including the reserve components) may be excused from, or provided an alternative to, a physical fitness test or a body composition assessment. (d) Briefing \nNot later than 270 days after the date of enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the requirements under this section.", "id": "HC13990CBB479496297BB445F0DF1785D", "header": "Improvement of postpartum care for members of the Armed Forces and dependents" }, { "text": "711. Modification of certain Defense Health Agency organization requirements \nSection 1073c(c)(5) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting paragraph (3) or (4).", "id": "HA5F06FD2120A40A5BF0DA4413DE564B5", "header": "Modification of certain Defense Health Agency organization requirements" }, { "text": "712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development \n(a) Consultations required \nSection 1073c of title 10, United States Code, as amended by section 711 , is further amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: (f) Consultations on medical research of military departments \nIn establishing the Defense Health Agency Research and Development pursuant to subsection (e)(1), and on a basis that is not less frequent than semiannually thereafter, the Secretary of Defense shall carry out recurring consultations with each military department regarding the plans and requirements for military medical research organizations and activities of the military department.. (b) Requirements for consultations \nThe Secretary of Defense shall ensure that consultations are carried out under section 1073c(f) of title 10, United States Code (as added by subsection (a)), to include the plans of each military department to ensure a comprehensive transition of any military medical research organizations of the military department with respect to the establishment of the Defense Health Agency Research and Development. (c) Deadline for initial consultations \nInitial consultations shall be carried out under section 1073c(f) of title 10, United States Code (as added by subsection (a)), with each military department by not later than March 1, 2022.", "id": "H72BFBAA932AD4C38BB564DCFB069B9B4", "header": "Requirement for consultations relating to military medical research and Defense Health Agency Research and Development" }, { "text": "713. Authorization of program to prevent fraud and abuse in the military health system \n(a) In general \nChapter 55 of title 10, United States Code, is amended by inserting after section 1073e the following new section: 1073f. Health care fraud and abuse prevention program \n(a) Program authorized \n(1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense. (2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency. (3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General. (b) Civil monetary penalties \n(1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a). (2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed— (A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and (B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d). (c) Interagency agreements \nThe Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a). (d) Rule of construction \nJoint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law. (e) Fraud and abuse defined \nIn this section, the term fraud and abuse means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ).. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1073e the following new item: 1073f. Health care fraud and abuse prevention program..", "id": "H1A88420CAA27413D8B7B2C8C282FF4DD", "header": "Authorization of program to prevent fraud and abuse in the military health system" }, { "text": "1073f. Health care fraud and abuse prevention program \n(a) Program authorized \n(1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense. (2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency. (3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General. (b) Civil monetary penalties \n(1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a). (2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed— (A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and (B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d). (c) Interagency agreements \nThe Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a). (d) Rule of construction \nJoint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law. (e) Fraud and abuse defined \nIn this section, the term fraud and abuse means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ).", "id": "H1E5D1CAEF9254254AC996C7FB1ABDBF4", "header": "Health care fraud and abuse prevention program" }, { "text": "714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities \n(a) Authority of Secretary of Defense \n(1) In general \nChapter 55 of title 10, United States Code, is amended by inserting after section 1104 the following new section: 1104a. Shared medical facilities with Department of Veterans Affairs \n(a) Agreements \nSecretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Defense \n(1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identified for transfer. (B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) Transfer of funds to Secretary of Defense \n(1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred \nAny amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance \nAmounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined \nIn this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1104 the following new item: 1104a. Shared medical facilities with Department of Veterans Affairs.. (b) Authority of Secretary of Veterans Affairs \n(1) In general \nChapter 81 of title 38, United States Code, is amended by inserting after section 8111A the following new section: 8111B. Shared medical facilities with Department of Defense \n(a) Agreements \nThe Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Veterans Affairs \n(1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (c) Transfer of funds to Secretary of Veterans Affairs \n(1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (d) Merger of amounts transferred \nAny amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance \nAmounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined \nIn this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.. (2) Clerical amendment \nThe table of sections at the beginning of subchapter I of chapter 81 of such title is amended by inserting after the item relating to section 8111A the following new item: 8111B. Shared medical facilities with Department of Defense..", "id": "H28FF043550AE4A989BC1AEF3BAF905BC", "header": "Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities" }, { "text": "1104a. Shared medical facilities with Department of Veterans Affairs \n(a) Agreements \nSecretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Defense \n(1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identified for transfer. (B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) Transfer of funds to Secretary of Defense \n(1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred \nAny amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance \nAmounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined \nIn this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.", "id": "H2F780EB1DFBC44FF87C0E839CB070A5C", "header": "Shared medical facilities with Department of Veterans Affairs" }, { "text": "8111B. Shared medical facilities with Department of Defense \n(a) Agreements \nThe Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Veterans Affairs \n(1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (c) Transfer of funds to Secretary of Veterans Affairs \n(1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (d) Merger of amounts transferred \nAny amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance \nAmounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined \nIn this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.", "id": "HE0699338E28944C5B6ED6CABC7B8C0A4", "header": "Shared medical facilities with Department of Defense" }, { "text": "715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund \nSection 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2567), as most recently amended by section 743 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking September 30, 2022 and inserting September 30, 2023.", "id": "HBFC6432C5F994104850D88F5178F777B", "header": "Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund" }, { "text": "716. Establishment of Department of Defense system to track and record information on vaccine administration \n(a) Establishment of system \nSection 1110 of title 10, United States Code, is amended— (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (2) by inserting after the heading the following new subsection: (a) Overall system to track and record vaccine information \n(1) The Secretary of Defense, in consultation with the Director of the Defense Health Agency and in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information: (A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department. (B) Any adverse reaction of the member related to such vaccine. (C) Each refusal by such a member of any vaccine that is being so administered, including vaccines licensed by the Food and Drug Administration under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) and vaccines otherwise approved or authorized. (D) Each refusal by such a member of a vaccine on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ). (E) Each refusal by such a member of an investigational new drug or a drug unapproved for its applied use that is being administered pursuant to a request or requirement of the Secretary of Defense and with respect to which the President has granted a waiver of the prior consent requirement pursuant to section 1107(f)(1) of this title. (2) In carrying out paragraph (1), the Secretary of Defense shall ensure that— (A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the information specified in such paragraph with respect to the member; (B) any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member; and (C) the system established under such paragraph is interoperable and compatible with the electronic health record system known as MHS GENESIS , or such successor system.. (b) Conforming amendments \nSuch section is further amended— (1) in the heading, by striking Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions and inserting System for tracking and recording vaccine information; anthrax vaccine immunization program ; (2) in subsection (b), as redesignated by subsection (a)(1)— (A) in the heading, by inserting from anthrax vaccine immunization program after exemptions ; and (B) by striking Secretary of Defense and inserting Secretary ; and (3) in the heading of subsection (c), as redesignated by subsection (a)(1), by inserting to anthrax vaccine after reactions. (c) Clerical amendment \nThe table of sections for chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1110 and inserting the following new item: 1110. System for tracking and recording vaccine information; anthrax vaccine immunization program.. (d) Deadline for establishment of system \nThe Secretary of Defense shall establish the system under section 1110 of title 10, United States Code, as added by subsection (a), by not later than January 1, 2023. (e) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the administration of vaccines to members of the Armed Forces under the jurisdiction of the Secretary of a military department and on the status of establishing the system under section 1110(a) of title 10, United States Code (as added by subsection (a)). Such report shall include information on the following: (1) The process by which such members receive vaccines, and the process by which the Secretary tracks, records, and reports on, vaccines received by such members (including with respect to any transfers by a non-Department provider to the Department of vaccination records or other medical information of the member related to the administration of vaccines by the non-Department provider). (2) The storage of information related to the administration of vaccines in the electronic health records of such members, and the cyber protections involved in such storage, as required under such section 1110(a)(2) of title 10, United States Code. (3) The general process by which medical information of beneficiaries under the TRICARE program is collected, tracked, and recorded, including the process by which medical information from providers contracted by the Department or from a State or local department of health is transferred to the Department and associated with records maintained by the Secretary. (4) Any gaps or challenges relating to the vaccine administration process of the Department and any legislative or budgetary recommendations to address such gaps or challenges. (f) Definitions \nIn this section: (1) The term military departments has the meaning given such term in section 101 of title 10, United States Code. (2) The term TRICARE program has the meaning given such term in section 1072 of such title.", "id": "H76AEE307D57E4EE78E61943CDC9D0220", "header": "Establishment of Department of Defense system to track and record information on vaccine administration" }, { "text": "717. Exemption from required physical examination and mental health assessment for certain members of the reserve components \nSection 1145(a)(5) of title 10, United States Code is amended— (1) in subparagraph (A), by striking The Secretary and inserting Except as provided in subparagraph (D), the Secretary ; and (2) by adding at the end the following new subparagraph: (D) The requirement for a physical examination and mental health assessment under subparagraph (A) shall not apply with respect to a member of a reserve component described in paragraph (2)(B) unless the member is retiring, or being discharged or dismissed, from the armed forces..", "id": "HE2702746025B460B801204DA3FB77E67", "header": "Exemption from required physical examination and mental health assessment for certain members of the reserve components" }, { "text": "718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees \nSection 2114(h) of title 10, United States Code, is amended— (1) by striking The Secretary of Defense and inserting (1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs, ; and (2) by adding at the end the following new paragraph: (2) (A) A covered employee whose employment or service with the Department of Veterans Affairs, Public Health Service, or Coast Guard (as applicable) is in a position relevant to national security or health sciences may receive instruction at the University within the scope of such employment or service. (B) If a covered employee receives instruction at the University pursuant to subparagraph (A), the head of the Federal agency concerned shall reimburse the University for the cost of providing such instruction to the covered employee. Amounts received by the University under this subparagraph shall be retained by the University to defray the costs of such instruction. (C) Notwithstanding subsections (b) through (e) and subsection (i), the head of the Federal agency concerned shall determine the service obligations of the covered employee receiving instruction at the University pursuant to subparagraph (A) in accordance with applicable law. (D) In this paragraph— (i) the term covered employee means an employee of the Department of Veterans Affairs, a civilian employee of the Public Health Service, a member of the commissioned corps of the Public Health Service, a member of the Coast Guard, or a civilian employee of the Coast Guard; and (ii) the term head of the Federal agency concerned means the head of the Federal agency that employs, or has jurisdiction over the uniformed service of, a covered employee permitted to receive instruction at the University under subparagraph (A) in the relevant position described in such subparagraph..", "id": "H7CD6A823A5D146ECBC23B509F48DAE50", "header": "Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees" }, { "text": "719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs \nSection 729 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1073 note) is amended— (1) in subsection (a)(1), by striking in the previous year ; (2) in subsection (b), by striking in the previous year ; and (3) in subsection (c), by striking in the previous year.", "id": "HF4E1A23B85314DEDAF96BA7332FE551C", "header": "Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs" }, { "text": "720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines \n(a) Standards \nThe Secretary of Defense shall establish uniform standards under which covered members may be exempted from receiving an otherwise mandated COVID–19 vaccine for administrative, medical, or religious reasons. (b) Definitions \nIn this section: (1) The term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department. (2) The term COVID–19 vaccine means any vaccine for the coronavirus disease 2019 (COVID–19), including any subsequent booster shot for COVID–19.", "id": "H5F3E9ABA6A994808A7FBD6EA5B882F73", "header": "Department of Defense standards for exemptions from mandatory COVID–19 vaccines" }, { "text": "721. Establishment of centers of excellence for enhanced treatment of ocular injuries \n(a) In general \nNot later than October 1, 2023, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall establish within the Defense Health Agency not fewer than four regional centers of excellence for the enhanced treatment of— (1) ocular wounds or injuries; and (2) vision dysfunction related to traumatic brain injury. (b) Location of centers \nEach center of excellence established under subsection (a) shall be located at a military medical center that provides graduate medical education in ophthalmology and related subspecialties and shall be the primary center for providing specialized medical services for vision for members of the Armed Forces in the region in which the center of excellence is located. (c) Policies for referral of beneficiaries \nNot later than October 1, 2023, the Director of the Defense Health Agency shall publish on a publicly available internet website of the Department of Defense policies for the referral of eligible beneficiaries of the Department to centers of excellence established under subsection (a) for evaluation and treatment. (d) Identification of medical personnel billets and staffing \nThe Secretary of each military department, in conjunction with the Joint Staff Surgeon and the Director of the Defense Health Agency, shall identify specific medical personnel billets essential for the evaluation and treatment of ocular sensory injuries and ensure that centers of excellence established under subsection (a) are staffed with such personnel at the level required for the enduring medical support of each such center. (e) Briefing \nNot later than December 31, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that— (1) describes the establishment of each center of excellence established under subsection (a), to include the location, capability, and capacity of each such center; (2) describes the referral policy published by the Defense Health Agency under subsection (c); (3) identifies the medical personnel billets identified under subsection (d); and (4) provides a plan for the staffing of personnel at such centers to ensure the enduring medical support of each such center. (f) Military medical center defined \nIn this section, the term military medical center means a medical center described in section 1073d(b) of title 10, United States Code.", "id": "H37C0F9078E074A9DA66D774726B9024C", "header": "Establishment of centers of excellence for enhanced treatment of ocular injuries" }, { "text": "722. Implementation of integrated product for management of population health across military health system \n(a) Integrated product \nThe Secretary of Defense shall develop and implement an integrated product for the management of population health across the military health system. Such integrated product shall serve as a repository for the health care, demographic, and other relevant data of all covered beneficiaries, including with respect to data on health care services furnished to such beneficiaries through the purchased care and direct care components of the TRICARE program, and shall— (1) be compatible with the electronic health record system maintained by the Secretary for members of the Armed Forces; (2) enable the collection and stratification of data from multiple sources to measure population health goals, facilitate disease management programs of the Department, improve patient education, and integrate wellness services across the military health system; and (3) enable predictive modeling to improve health outcomes for patients and to facilitate the identification and correction of medical errors in the treatment of patients, issues regarding the quality of health care services provided, and gaps in health care coverage. (b) Considerations in development \nIn developing the integrated product under subsection (a), the Secretary shall harmonize such development with any policies of the Department relating to a digital health strategy (including the digital health strategy under section 723 ), coordinate with improvements to the electronic health record system specified in subsection (a)(1) to ensure the compatibility required under such subsection, and consider methods to improve beneficiary interface. (c) Definitions \nIn this section: (1) The terms covered beneficiary and TRICARE program have the meanings given such terms in section 1072 of title 10, United States Code. (2) The term integrated product means an electronic system of systems (or solutions or products) that provides for the integration and sharing of data to meet the needs of an end user in a timely and cost-effective manner.", "id": "H9653FF83226B4B449EE71A48690B84EC", "header": "Implementation of integrated product for management of population health across military health system" }, { "text": "723. Digital health strategy of Department of Defense \n(a) Digital health strategy \n(1) Strategy \nNot later than April 1, 2022, the Secretary of Defense shall develop a digital health strategy of the Department of Defense to incorporate new and emerging technologies and methods (including three-dimensional printing, virtual reality, wearable devices, big data and predictive analytics, distributed ledger technologies, and other innovative methods that leverage new or emerging technologies) in the provision of clinical care within the military health system. (2) Elements \nThe strategy under paragraph (1) shall address, with respect to future use within the military health system, the following: (A) Emerging technology to improve the delivery of clinical care and health services. (B) Emerging technology to improve the patient experience in matters relating to medical case management, appointing, and referrals in both the direct care and purchased care components of the TRICARE program, as such term is defined in section 1072 of title 10, United States Code. (C) Design thinking to improve the delivery of clinical care and health services. (D) Advanced clinical decision support systems. (E) Simulation technologies for clinical training (including through simulation immersive training) and clinical education, and for the training of health care personnel in the adoption of emerging technologies for clinical care delivery. (F) Wearable devices. (G) Three-dimensional printing and related technologies. (H) Data-driven decision making, including through the use of big data and predictive analytics, in the delivery of clinical care and health services. (b) Briefing \nNot later than July 1, 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing setting forth— (1) the strategy under subsection (a); and (2) a plan to implement such strategy, including the estimated timeline and cost for such implementation.", "id": "H4AC21A1291DD4E268C3E3DC3B1206493", "header": "Digital health strategy of Department of Defense" }, { "text": "724. Development and update of certain policies relating to military health system and integrated medical operations \n(a) In general \nBy not later than October 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop and update certain policies relating to the military health system and integrated medical operations of the Department of Defense as follows: (1) Updated plan on integrated medical operations in continental United States \nThe Secretary of Defense shall develop an updated plan on integrated medical operations in the continental United States and update the Department of Defense Instruction 6010.22, titled National Disaster Medical System (NDMS) (or such successor instruction) accordingly. Such updated plan shall— (A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817); (B) include an updated bed plan, to include bed space available through the military health system and through hospitals participating in the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ); (C) include a determination as to whether combat casualties should receive medical care under the direct care or purchased care component of the military health system and a risk analysis in support of such determination; (D) identify the manning levels required to furnish medical care under the updated plan, including with respect to the levels of military personnel, civilian employees of the Department, and contractors of the Department; and (E) include a cost estimate for the furnishment of such medical care. (2) Updated plan on global patient movement \nThe Secretary of Defense shall develop an updated plan on global patient movement and update the Department of Defense Instruction 5154.06, relating to medical military treatment facilities and patient movement (or such successor instruction) accordingly. Such updated plan shall— (A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817); (B) include a risk assessment with respect to patient movement compared against overall operational plans; (C) include a description of any capabilities-based assessment of the Department that informed the updated plan or that was in progress during the time period in which the updated plan was developed; (D) identify the manning levels, equipment and consumables, and funding levels, required to carry out the updated plan; and (E) address airlift capability, medical evacuation capability, and access to ports of embarkation. (3) Assessment of biosurveillance and medical research capabilities \nThe Secretary of Defense shall conduct an assessment of the biosurveillance and medical research capabilities of the Department of Defense. Such assessment shall include the following: (A) An identification of the location and strategic value of the overseas medical laboratories and overseas medical research programs of the Department. (B) An assessment of the current capabilities of such laboratories and programs with respect to force health protection and evidence-based medical research. (C) A determination as to whether such laboratories and programs have the capabilities, including as a result of the geographic location of such laboratories and programs, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces. (D) The current biosurveillance and medical research capabilities of the Department. (E) The current manning levels of the biosurveillance and medical research entities of the Department, including an assessment of whether such entities are manned at a level necessary to support the missions of the combatant commands (including with respect to missions related to pandemic influenza or homeland defense). (F) The current funding levels of such entities, including a risk assessment as to whether such funding is sufficient to sustain the manning levels necessary to support missions as specified in subparagraph (E). (b) Interim briefing \nNot later than April 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the progress of implementation of the plans and assessment required under subsection (a). (c) Report \nNot later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing each updated plan and assessment required under subsection (a).", "id": "H28E0485C15384B9D9FC5ADA29CAC4F73", "header": "Development and update of certain policies relating to military health system and integrated medical operations" }, { "text": "725. Mandatory training on health effects of burn pits \nThe Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits.", "id": "H0E1971BF807C4F2FB56A6EA88EDC811A", "header": "Mandatory training on health effects of burn pits" }, { "text": "726. Standardization of definitions used by the Department of Defense for terms related to suicide \n(a) Standardization of definitions \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop standardized definitions for the following terms: (1) Suicide. (2) Suicide attempt. (3) Suicidal ideation. (b) Required use of standardized definitions \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall issue policy guidance requiring the exclusive and uniform use across the Department of Defense and within each military department of the standardized definitions developed under subsection (a) for the terms specified in such subsection. (c) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that sets forth the standardized definitions developed under subsection (a) and includes— (1) a description of the process that was used to develop such definitions; (2) a description of the methods by which data shall be collected on suicide, suicide attempts, and suicidal ideations (as those terms are defined pursuant to such definitions) in a standardized format across the Department and within each military department; and (3) an implementation plan to ensure the use of such definitions as required pursuant to subsection (b).", "id": "H79C5EA6748934B2FAB7E3D9E5BA86358", "header": "Standardization of definitions used by the Department of Defense for terms related to suicide" }, { "text": "731. Modifications and reports related to military medical manning and medical billets \n(a) Military medical manning and medical billets \n(1) Modifications to limitation on reduction or realignment \nSection 719 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1454), as amended by section 717 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (A) in subsection (a), by striking 180 days following the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and inserting the year following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; and (B) in subsection (b)(1), by inserting , including any billet validation requirements determined pursuant to estimates provided in the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), after requirements of the military department of the Secretary. (2) GAO report on reduction or realignment of military medical manning and medical billets \n(A) Report \nNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the analyses used to support any reduction or realignment of military medical manning, including any reduction or realignment of medical billets of the military departments. (B) Elements \nThe report under subparagraph (A) shall include the following: (i) An analysis of the use of the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817) and wartime scenarios to determine military medical manpower requirements, including with respect to pandemic influenza and homeland defense missions. (ii) An assessment of whether the Secretaries of the military departments have used the processes under section 719(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1454) to ensure that a sufficient combination of skills, specialties, and occupations are validated and filled prior to the transfer of any medical billets of a military department to fill other military medical manpower needs. (iii) An assessment of the effect of the reduction or realignment of such billets on local health care networks and whether the Director of the Defense Health Agency has conducted such an assessment in coordination with the Secretaries of the military departments. (b) Assignment of medical and dental personnel of the military departments to military medical treatment facilities \n(1) Deadline for assignment \nThe Secretaries of the military departments shall ensure that the Surgeons General of the Armed Forces carry out fully the requirements of section 712(b)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1073c note) by not later than September 30, 2022. (2) Additional requirement for Walter Reed National Military Medical Center \n(A) Assignment of military personnel \nFor fiscal years 2023 through 2027, except as provided in subparagraph (B), the Secretary of Defense shall ensure that the Secretaries of the military departments assign to the Walter Reed National Military Medical Center sufficient military personnel to meet not less than 85 percent of the joint table of distribution in effect for such facility on December 23, 2016. (B) Exception \nSubparagraph (A) shall not apply to any fiscal year for which the Secretary of Defense certifies at the beginning of such fiscal year to the Committees on Armed Services of the Senate and the House of Representatives that notwithstanding the failure to meet the requirement under such paragraph, the Walter Reed National Military Medical Center is fully capable of carrying out all significant activities as the premier medical center of the military health system. (3) Reports \n(A) In general \nNot later than September 30, 2022, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the compliance of the military department concerned with this subsection. Each such report shall include— (i) an accounting of the number of uniformed personnel and civilian personnel assigned to a military medical treatment facility as of October 1, 2019; and (ii) a comparable accounting as of September 30, 2022. (B) Explanation \nIf the number specified in clause (ii) of subparagraph (A) is less than the number specified in clause (i) of such subparagraph, the Secretary concerned shall provide a full explanation for the reduction.", "id": "HC21D9AE7D50240029E22A509D960C73C", "header": "Modifications and reports related to military medical manning and medical billets" }, { "text": "732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions \n(a) Assessment \nThe Secretary of Defense shall provide to employees of the United States Government and their family members who the Secretary determines are experiencing symptoms of certain anomalous health conditions, as defined by the Secretary for purposes of this section, timely access for medical assessment, subject to space availability, to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. (b) Treatment \nWith respect to an individual described in subsection (a) diagnosed with an anomalous health condition or a related affliction, whether diagnosed under an assessment under subsection (a) or otherwise, the Secretary of Defense shall furnish to the individual treatment for the condition or affliction, subject to space availability, at the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. (c) Development of process \nThe Secretary of Defense, in consultation with the heads of such Federal agencies as the Secretary considers appropriate, shall develop a process to ensure that employees from those agencies and their family members are afforded timely access to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility pursuant to subsection (a) by not later than 60 days after the date of the enactment of this Act. (d) Modification of Department of Defense Trauma Registry \nThe Secretary of Defense shall modify the Trauma Registry of the Department of Defense to include data on the demographics, condition-producing event, diagnosis and treatment, and outcomes of anomalous health conditions experienced by employees of the United States Government and their family members assessed or treated under this section, subject to an agreement by the employing agency and the consent of the employee.", "id": "HB693E1494AC74CF3A8AC461C23C53253", "header": "Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions" }, { "text": "733. Pilot program on cardiac screening at certain military service academies \n(a) Pilot program \nThe Secretary of Defense shall establish a pilot program to furnish mandatory electrocardiograms to individuals who have been admitted to a covered military service academy in connection with the military accession screening process, at no cost to such candidates. (b) Scope \nThe scope of the pilot program under subsection (a) shall include at least 25 percent of the incoming class of individuals who have been admitted to a covered military service academy during the first fall semester that follows the date of the enactment of this Act, and the pilot program shall terminate on the date on which the Secretary determines the military accession screening process for such class has concluded. (c) Furnishing of electrocardiograms \nIn carrying out the pilot program under subsection (a), the Secretary shall furnish each mandatory electrocardiogram under the pilot program in a facility of the Department of Defense or by medical personnel within the military health system. (d) Briefing \nNot later than 180 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the pilot program. Such briefing shall include the following: (1) The results of all electrocardiograms furnished to individuals under the pilot program, disaggregated by military service academy, race, and gender. (2) The rate of significant cardiac issues detected pursuant to electrocardiograms furnished under the pilot program, disaggregated by military service academy, race, and gender. (3) The cost of carrying out the pilot program. (4) The number of individuals, if any, who were disqualified from admission based solely on the result of an electrocardiogram furnished under the pilot program. (e) Covered military service academy defined \nIn this section, the term covered military service academy does not include the United States Coast Guard Academy or the United States Merchant Marine Academy.", "id": "H42E2CEA15E364F43AFB71EE345A8D238", "header": "Pilot program on cardiac screening at certain military service academies" }, { "text": "734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities \n(a) Pilot program \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence a pilot program, to be carried out for at least a one-year period, to provide direct assistance for mental health appointment scheduling under the direct care and purchased care components of the TRICARE program, through facilities and clinics selected by the Secretary for participation in the pilot program in a number determined by the Secretary. (b) Briefings \n(1) First briefing \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the nature of the pilot program under subsection (a). (2) Final briefing \nNot later than 90 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the pilot program. Such briefing shall include an assessment of— (A) the effectiveness of the pilot program with respect to improved access to mental health appointments; and (B) any barriers to scheduling mental health appointments under the pilot program observed by health care professionals or other individuals involved in scheduling such appointments. (c) TRICARE program defined \nIn this section, the term TRICARE program has the meaning given such term in section 1072 of title 10, United States Code.", "id": "H67F7BA1AF0D34ACFACAFCB4F37B0AE5D", "header": "Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities" }, { "text": "735. Prohibition on availability of funds for certain research connected to China \n(a) Prohibition \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to fund any work to be performed by EcoHealth Alliance, Inc. in China on research supported by the government of China. (b) Waiver \nThe Secretary of Defense may waive the prohibition under subsection (a) if the Secretary— (1) determines that the waiver is in the national security interests of the United States; and (2) not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including— (A) an identification of the Department of Defense entity obligating or expending the funds; (B) an identification of the amount of such funds; (C) an identification of the intended purpose of such funds; (D) an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable); (E) an explanation for how the waiver is in the national security interests of the United States; and (F) any other information the Secretary determines appropriate.", "id": "H81A15C26A8CB433A9D38A4473FFC1D05", "header": "Prohibition on availability of funds for certain research connected to China" }, { "text": "736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine \n(a) Limitation \nDuring the period of time beginning on August 24, 2021, and ending on the date that is two years after the date of the enactment of this Act, any administrative discharge of a covered member, on the sole basis that the covered member failed to obey a lawful order to receive a vaccine for COVID–19, shall be— (1) an honorable discharge; or (2) a general discharge under honorable conditions. (b) Definitions \nIn this section: (1) The terms Armed Forces and military departments have the meanings given such terms in section 101 of title 10, United States Code. (2) The term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department.", "id": "H526B9D0F6BC945AF902E28640D62B1FE", "header": "Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine" }, { "text": "737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program \n(a) Agreement \n(1) In general \nThe Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the National Academies ) for the National Academies to carry out the activities described in subsections (b) and (c). (2) Timing \nThe Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act. (b) Analysis by the National Academies \n(1) Analysis \nUnder an agreement between the Secretary and the National Academies entered into pursuant to subsection (a), the National Academies shall conduct an analysis of the effectiveness of the Department of Defense Comprehensive Autism Care Demonstration program (in this section referred to as the demonstration program ) and develop recommendations for the Secretary based on such analysis. (2) Elements \nThe analysis conducted and recommendations developed under paragraph (1) shall include the following: (A) An assessment of all methods used to assist in the assessment of domains related to autism spectrum disorder, including a determination as to whether the Secretary is applying such methods appropriately under the demonstration project. (B) An assessment of the methods used under the demonstration project to measure the effectiveness of applied behavior analysis in the treatment of autism spectrum disorder. (C) A review of any guidelines or industry standards of care adhered to in the provision of applied behavior analysis services under the demonstration program, including a review of the effects of such adherence with respect to dose-response or health outcomes for an individual who has received such services. (D) A review of the health outcomes for an individual who has received applied behavior analysis treatments over time. (E) An analysis of the increased utilization of the demonstration program by beneficiaries under the TRICARE program, to improve understanding of such utilization. (F) Such other analyses to measure the effectiveness of the demonstration program as may be determined appropriate by the National Academies. (G) An analysis on whether the incidence of autism is higher among the children of military families. (H) The development of a list of recommendations related to the measurement, effectiveness, and increased understanding of the demonstration program and its effect on beneficiaries under the TRICARE program. (c) Report \nUnder an agreement entered into between the Secretary and the National Academies under subsection (a), the National Academies, not later than nine months after the date of the execution of the agreement, shall— (1) submit to the congressional defense committees a report on the findings of the National Academies with respect to the analysis conducted and recommendations developed under subsection (b); and (2) make such report available on a public website in unclassified form.", "id": "H940483D9B87E48D7A58CD54106A780B0", "header": "Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program" }, { "text": "738. Independent review of suicide prevention and response at military installations \n(a) Establishment of committee \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish an independent suicide prevention and response review committee. (b) Membership \nThe committee established under subsection (a) shall be composed of not fewer than five individuals— (1) designated by the Secretary; (2) with expertise determined to be relevant by the Secretary, including at least one individual who is an experienced provider of mental health services; and (3) none of whom may be a member of an Armed Force or a civilian employee of the Department of Defense. (c) Selection of military installations \n(1) In general \nThe Secretary shall select, for review by the committee established under subsection (a), at least one military installation under the jurisdiction of each military department. (2) Inclusion of remote installation \nThe Secretary shall ensure that, of the total military installations selected for review under paragraph (1), at least one such installation is a remote installation of the Department of Defense located outside the contiguous United States. (d) Duties \nThe committee established under subsection (a) shall review the suicide prevention and response programs and other factors that may contribute to the incidence or prevention of suicide at the military installations selected for review pursuant to subsection (c). Such review shall be conducted through means including— (1) a confidential survey; (2) focus groups; and (3) individual interviews. (e) Coordination \nIn carrying out this section, the Secretary shall ensure that the Director of the Office of People Analytics of the Department of Defense and the Director of the Office of Force Resiliency of the Department of Defense coordinate and cooperate with the committee established under subsection (a). (f) Reports \n(1) Report to Secretary \nNot later than 270 days after the date of the establishment of the committee under subsection (a), the committee shall submit to the Secretary a report containing the results of the reviews conducted by the committee and recommendations of the committee to reduce the incidence of suicide at the military installations reviewed. (2) Report to Congress \nNot later than 330 days after the date of the establishment of the committee under subsection (a), the committee shall submit to the Committees on Armed Services of the House of Representatives and the Senate the report under paragraph (1). (g) Termination \nThe committee established under subsection (a) shall terminate on a date designated by the Secretary as the date on which the work of the committee has been completed. (h) Nonapplicability of FACA \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee established under subsection (a).", "id": "HECCB254D3E2D48A5A044B3F7CB1BE3B0", "header": "Independent review of suicide prevention and response at military installations" }, { "text": "739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam \n(a) Study \nNot later than April 1, 2022, the Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Director of the Air National Guard, shall complete a study on the feasibility and advisability of establishing at Joint Base Pearl Harbor-Hickam an aeromedical squadron of the Air National Guard in Hawaii to support the aeromedical mission needs of the United States Indo-Pacific Command. (b) Elements \nThe study under subsection (a) shall assess the following: (1) The manpower required for the establishment of an aeromedical squadron of the Air National Guard in Hawaii as specified in subsection (a). (2) The overall cost of such establishment. (3) The length of time required for such establishment. (4) The mission requirements for such establishment. (5) Such other matters as may be determined relevant by the Secretary. (c) Briefing \nNot later than April 1, 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the findings of the feasibility and advisability study under subsection (a), including with respect to each element specified in subsection (b).", "id": "HEF0648EA80684A5AA90EAE31B67F5661", "header": "Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam" }, { "text": "740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty \n(a) Study \nThe Secretary of Defense shall conduct a study on the incidence of breast cancer among members of the Armed Forces serving on active duty. (b) Elements \nThe study under subsection (a) shall include the following: (1) A determination of the number of members of the Armed Forces who served on active duty at any time during the period beginning on January 1, 2011, and ending on the date of the enactment of this Act who were diagnosed with breast cancer during such period. (2) A determination of demographic information regarding such members, including race, ethnicity, sex, age, military occupational specialty, and rank. (3) A comparison of the rates of members of the Armed Forces serving on active duty who have breast cancer to civilian populations with comparable demographic characteristics. (4) An identification of potential factors associated with service in the Armed Forces that could increase the risk of breast cancer for members of the Armed Forces serving on active duty. (5) To the extent the data are available, an identification of overseas locations associated with airborne hazards, such as burn pits, and members of the Armed Forces diagnosed with breast cancer who served on active duty in such locations. (6) An assessment of the effectiveness of outreach by the Department of Defense to members of the Armed Forces to identify risks of, prevent, detect, and treat breast cancer. (7) An assessment of the feasibility and advisability of changing the current mammography screening policy of the Department to incorporate all members of the Armed Forces who deployed overseas to an area associated with airborne hazards, such as burn pits. (8) An assessment of the feasibility and advisability of conducting digital breast tomosynthesis at facilities of the Department that provide mammography services. (9) Such recommendations as the Secretary may have for changes to policy or law that could improve the prevention, early detection, awareness, and treatment of breast cancer among members of the Armed Forces serving on active duty, including any additional resources needed. (c) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings and recommendations of the study under subsection (a), including a description of any further unique military research needed with respect to breast cancer.", "id": "H5037131C698046B79E0FF2EE4FBC4232", "header": "Study on incidence of breast cancer among members of the Armed Forces serving on active duty" }, { "text": "741. GAO biennial study on Individual Longitudinal Exposure Record program \n(a) Studies and reports required \nNot later than December 31, 2023, and once every two years thereafter until December 31, 2030, the Comptroller General of the United States shall— (1) conduct a study on the implementation and effectiveness of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs; and (2) submit to the appropriate congressional committees a report containing the findings of the most recently conducted study. (b) Elements \nThe biennial studies under subsection (a) shall include an assessment of elements as follows: (1) Initial study \nThe initial study conducted under subsection (a) shall assess, at a minimum, the following: (A) Statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program. (B) Costs associated with the program, including any cost overruns associated with the program. (C) The capacity to expand the program to include the medical records of veterans who served prior to the establishment of the program. (D) Any illness recently identified as relating to a toxic exposure (or any guidance relating to such an illness recently issued) by either the Secretary of Defense or the Secretary of Veterans Affairs, including any such illness or guidance that relates to open burn pit exposure. (E) How the program has enabled (or failed to enable) the discovery, notification, and medical care of individuals affected by an illness described in subparagraph (D). (F) Physician and patient feedback on the program, particularly feedback that relates to ease of use. (G) Cybersecurity and privacy protections of patient data stored under the program, including whether any classified or restricted data has been stored under the program (such as data relating to deployment locations or duty stations). (H) Any technical or logistical impediments to the implementation or expansion of the program, including any impediments to the inclusion in the program of databases or materials originally intended to be included. (I) Any issues relating to read-only access to data under the program by veterans. (J) Any issues relating to the interoperability of the program between the Department of Defense and the Department of Veterans Affairs. (2) Subsequent studies \nExcept as provided in paragraph (3), each study conducted under subsection (a) following the initial study specified in paragraph (1) shall assess— (A) statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program; and (B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1). (3) Final study \nThe final study conducted under subsection (a) shall assess— (A) the elements specified in subparagraphs (A), (B), (D), (E), (F), and (H) of paragraph (1); and (B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1). (c) Access by Comptroller General \n(1) Information and materials \nUpon request of the Comptroller General, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Comptroller General any information or other materials necessary for the conduct of each biennial study under subsection (a). (2) Interviews \nIn addition to such other authorities as are available, the Comptroller General shall have the right to interview officials and employees of the Department of Defense and the Department of Veterans Affairs (including clinicians, claims adjudicators, and researchers) as necessary for the conduct of each biennial study under subsection (a). (d) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate. (2) The term Secretary concerned means— (A) the Secretary of Defense, with respect to matters concerning the Department of Defense; and (B) the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs.", "id": "H473E72107AD64994B50EC139D9A40E0E", "header": "GAO biennial study on Individual Longitudinal Exposure Record program" }, { "text": "742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system \n(a) Study \n(1) In general \nThe Comptroller General of the United States shall conduct a study on the implementation by the Department of Defense of statutory requirements to reform the military health system contained in a covered Act. (2) Elements \nThe study required by paragraph (1) shall include the following elements: (A) A compilation of a list of, and citation for, each statutory requirement on reform of the military health system contained in a covered Act. (B) An assessment of the extent to which such requirement was implemented, or is currently being implemented. (C) An evaluation of the actions taken by the Department of Defense to assess and determine the effectiveness of actions taken pursuant to such requirement. (D) Such other matters in connection with the implementation of such requirement as the Comptroller General considers appropriate. (b) Briefing and report \n(1) Briefing \nNot later than May 1, 2022, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the study conducted under subsection (a). (2) Report \nNot later than May 1, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a) that includes the elements specified in paragraph (2) of such subsection. (c) Covered Act defined \nIn this section, the term covered Act means any of the following: (1) The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) The National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (3) The John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ). (4) The National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ). (5) The National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ). (6) The National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ). (7) The Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ). (8) The National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ). (9) The National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (10) The National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ).", "id": "H870A37270ED24058A217E182474EF4F4", "header": "Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system" }, { "text": "743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office \n(a) Study \nThe Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall conduct a study to determine— (1) whether there is a validated need or military requirement for the development of a joint fund of the Department of Defense and the Department of Veterans Affairs for the Federal Electronic Health Record Modernization Office; and (2) whether the operations of the Federal Electronic Health Record Modernization Office since its establishment, including how the Office has supported the implementation of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs, justify the development of a potential joint fund. (b) Elements \nThe study under subsection (a) shall assess the following: (1) Justifications for the development of the joint fund. (2) The potential resource allocation and funding commitments for the Department of Defense and Department of Veterans Affairs with respect to the joint fund. (3) Options for the governance structure of the joint fund, including how accountability would be divided between the Department of Defense and the Department of Veterans Affairs. (4) The anticipated contents of the joint fund, including the anticipated process for annual transfers to the joint fund from the Department of Defense and the Department of Veterans Affairs, respectively. (5) An estimated timeline for the potential establishment of the joint fund. (6) The progress and accomplishments of the Federal Electronic Health Record Modernization Office during fiscal year 2021 in fulfilling the purposes specified in subparagraphs (C) through (R) of section 1635(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181 ; 10 U.S.C. 1071 note). (c) Report \nNot later than July 1, 2022, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall submit to the appropriate congressional committees a report on the findings of the study under subsection (a), including recommendations on the development of the joint fund specified in such subsection. Such recommendations shall address— (1) the purpose of the joint fund; and (2) requirements related to the joint fund. (d) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committees on Armed Services of the House of Representatives and the Senate; and (B) the Committees on Veterans’ Affairs of the House of Representatives and the Senate. (2) The term Electronic Health Record Modernization Program has the meaning given such term in section 503(e) of the Veterans Benefits and Transition Act of 2018 ( Public Law 115–407 ; 132 Stat. 5376). (3) The term Federal Electronic Health Record Modernization Office means the Office established under section 1635(b) of the Wounded Warrior Act (title XVI of Public Law 110–181 ; 10 U.S.C. 1071 note).", "id": "H0CE113275E1C41839442FB3945DCDAE2", "header": "Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office" }, { "text": "744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes \nNot later than April 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the development of a capability for the domestic production of critical active pharmaceutical ingredients and drug products in finished dosage form for national security purposes. Such briefing shall include a description of the following: (1) The anticipated cost over the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code (as of the date of the briefing), to develop such a domestic production capability for critical active pharmaceutical ingredients. (2) The cost of producing critical active pharmaceutical ingredients through such a domestic production capability, as compared with the cost of standard manufacturing processes used by the pharmaceutical industry. (3) The average time to produce critical active pharmaceutical ingredients through such a domestic production capability, as compared with the average time to produce such ingredients through standard manufacturing processes used by the pharmaceutical industry. (4) Any intersections between the development of such a domestic production capability, the military health system, and defense-related medical research or operational medical requirements. (5) Lessons learned from the progress made in developing such a domestic production capability as of the date of the briefing, including from any contracts entered into by the Secretary with respect to such a domestic production capability. (6) Any critical active pharmaceutical ingredients that are under consideration by the Secretary for future domestic production as of the date of the briefing. (7) The plan of the Secretary regarding the future use of such a domestic production capability for critical active pharmaceutical ingredients.", "id": "H1226D3AE6DC84203A39F914F7446A6B5", "header": "Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes" }, { "text": "745. Briefing on substance abuse in the Armed Forces \n(a) Briefing \nNot later than June 1, 2022, the Under Secretary of Defense for Personnel and Readiness shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on substance abuse policy, strategy, and programs within the Department of Defense. (b) Elements \nThe briefing required under subsection (a) shall include each of the following elements: (1) With respect to policy, an overview of the policies of the Department of Defense and the military departments with respect to substance abuse, including for covered beneficiaries, and how each such policy is synchronized, including any definitions of the term substance abuse. (2) With respect to background data— (A) an analysis of the trends in substance abuse across the active and reserve components of the Armed Forces over the preceding 10-year period, including the types of care (residential, outpatient, or other), any variation in such trends for demographics or geographic locations of members who have been deployed, and any other indicators that the Under Secretary determines may allow for further understanding of substance abuse programs; and (B) an analysis of trends in substance abuse for covered beneficiaries over the preceding 10-year period, including any variation in such trends for demographics, geographic location, or other indicators that the Under Secretary determines may allow for further understanding of substance abuse programs. (3) With respect to strategic communication, an overview of the strategic communication plan on substance abuse, including different forms of media and initiatives being undertaken. (4) With respect to treatment— (A) a description of the treatment options available and prescribed for substance abuse for members of the Armed Forces and covered beneficiaries, including the different environments of care, such as hospitals, residential treatment facilities, outpatient care, and other care as appropriate; (B) a description of any non-catchment area care which resulted in the nonavailability of military medical treatment facility or military installation capabilities for substance use disorder treatment and the costs associated with sending members of the Armed Forces and covered beneficiaries to non-catchment areas for such treatment; (C) a description of the synchronization between substance abuse programs, mental health treatment, and case management, where appropriate; (D) a description of how substance abuse treatment clinical practice guidelines are used and how frequently such guidelines are updated; and (E) the metrics and outcomes that are used to determine whether substance abuse treatments are effective. (5) The funding lines and the amount of funding the Secretary of Defense and the Secretary of each of the military departments have obligated for substance abuse programs for each of the preceding 10 fiscal years. (c) Definitions \nIn this section: (1) The term catchment area means the approximately 40-mile radius surrounding a military medical treatment facility or military installation, as the case may be. (2) The term covered beneficiary has the meaning given such term in section 1072 of title 10, United States Code.", "id": "H67E791B8D0B94E5A9B2648503FA9BF9B", "header": "Briefing on substance abuse in the Armed Forces" }, { "text": "801. Acquisition workforce educational partnerships \n(a) In general \nSubchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after section 1746 the following new section: 1746a. Acquisition workforce educational partnerships \n(a) Establishment \nThe Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to— (1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense; (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce; (3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking; (4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce; (5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and (6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by— (A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 2361a of this title; (B) supporting the preparation and drafting of the reports required under subsection (f)(2); and (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period. (b) Senior official \nNot later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section. (c) Support from other department of defense organizations \nThe Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate. (d) Funding \nSubject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section. (e) Annual reports \nNot later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted. (f) Exemption to report termination requirements \nSection 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section. (g) Definitions \nIn this section: (1) Acquisition workforce \nThe term acquisition workforce has the meaning given such term in section 1705(g) of this title. (2) Extramural institutions \nThe term extramural institutions means participants in an activity established under section 2361a of this title, public sector organizations, and nonprofit credentialing organizations.. (b) Clerical amendment \nThe table of sections for subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after the item relating to section 1746 the following new item: 1746a. Acquisition workforce educational partnerships..", "id": "H631FF08F8EF54B69BD1E3E9D4843FEB0", "header": "Acquisition workforce educational partnerships" }, { "text": "1746a. Acquisition workforce educational partnerships \n(a) Establishment \nThe Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to— (1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense; (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce; (3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking; (4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce; (5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and (6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by— (A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 2361a of this title; (B) supporting the preparation and drafting of the reports required under subsection (f)(2); and (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period. (b) Senior official \nNot later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section. (c) Support from other department of defense organizations \nThe Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate. (d) Funding \nSubject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section. (e) Annual reports \nNot later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted. (f) Exemption to report termination requirements \nSection 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section. (g) Definitions \nIn this section: (1) Acquisition workforce \nThe term acquisition workforce has the meaning given such term in section 1705(g) of this title. (2) Extramural institutions \nThe term extramural institutions means participants in an activity established under section 2361a of this title, public sector organizations, and nonprofit credentialing organizations.", "id": "H3C721E9903FB4324807D30837A63341F", "header": "Acquisition workforce educational partnerships" }, { "text": "802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations \n(a) Prohibition \n(1) In general \nChapter 148 of title 10, United States Code, is amended by inserting after section 2533d the following new section: 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations \n(a) In general \nExcept as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. (b) Applicability \nSubsection (a) shall apply to prime contracts and subcontracts at any tier. (c) Exceptions \n(1) In general \nSubsection (a) does not apply under the following circumstances: (A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. (B) The procurement of a covered item for use outside of the United States. (C) Purchases for amounts not greater than $150,000. (2) Limitation \nA proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. (d) Definitions \nIn this section: (1) Covered item \nThe term covered item means an article or item of— (A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or (B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. (2) Covered nation \nThe term covered nation means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2533d the following: 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.. (b) Future transfer \n(1) Transfer and redesignation \nSection 2533e of title 10, United States Code, as added by subsection (a), is transferred to the end of subchapter III of chapter 385 of such title, as added by section 1870(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, and redesignated as section 4875. (2) Clerical amendments \n(A) Target chapter table of sections \nThe table of sections for subchapter III of chapter 385 of title 10, United States Code, as added by section 1870(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by adding at the end the following new item: 4875. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.. (B) Origin chapter table of sections \nThe table of sections at the beginning of chapter 148 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2533e. (3) Effective date \nThe transfer, redesignation, and amendments made by this subsection shall take effect immediately after the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 take effect. (4) References; savings provision; rule of construction \nSections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.", "id": "H4213EE2F19654A3FAAEA3DCE54CC447F", "header": "Prohibition on acquisition of personal protective equipment from non-allied foreign nations" }, { "text": "2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations \n(a) In general \nExcept as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. (b) Applicability \nSubsection (a) shall apply to prime contracts and subcontracts at any tier. (c) Exceptions \n(1) In general \nSubsection (a) does not apply under the following circumstances: (A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. (B) The procurement of a covered item for use outside of the United States. (C) Purchases for amounts not greater than $150,000. (2) Limitation \nA proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. (d) Definitions \nIn this section: (1) Covered item \nThe term covered item means an article or item of— (A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or (B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. (2) Covered nation \nThe term covered nation means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran.", "id": "H0DA719CD76DD43A29FD8B15A48C4286B", "header": "Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations" }, { "text": "803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures \n(a) Authority \n(1) In general \nChapter 140 of title 10, United States Code, is amended by adding at the end the following new section: 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures \n(a) Authority \nThe Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. (b) Treatment as competitive procedures \nUse of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. (c) Limitations \n(1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department. (2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts. (3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services. (d) Congressional notification required \n(1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award. (2) Notice of an award under paragraph (1) shall include the following: (A) Description of the innovative commercial product or commercial service acquired. (B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability. (C) Amount of the contract awarded. (D) Identification of the contractor awarded the contract. (e) Innovative defined \nIn this section, the term innovative means— (1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or (2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 140 of title 10, United States Code, is amended by inserting after the item relating to section 2380b the following new item: 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.. (3) Data collection \n(A) In general \nThe Secretary of Defense and each Secretary of a military department shall collect and analyze data on the use of the authority under section 2380c of title 10, United States Code, as added by paragraph (1), for the purposes of— (i) developing and sharing best practices for achieving the objectives of the authority; (ii) gathering information on the implementation of the authority and related policy issues; and (iii) informing the congressional defense committees on the use of the authority. (B) Plan required \nThe authority under section 2380c of title 10, United States Code, as added by paragraph (1), may not be exercised by the Secretary of Defense or any Secretary of a military department during the period beginning on October 1, 2022, and ending on the date on which the Secretary of Defense submits to the congressional defense committees a completed plan for carrying out the data collection required under paragraph (1). (C) Congressional defense committees; military department defined \nIn this paragraph, the terms congressional defense committees and military department have the meanings given such terms in section 101(a) of title 10, United States Code. (b) Future transfer \n(1) Transfer and redesignation \nSection 2380c of title 10, United States Code, as added by subsection (a), is transferred to chapter 247 of such title, added after section 3457, as transferred and redesignated by section 1821(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and redesignated as section 3458. (2) Clerical amendment \nThe table of sections at the beginning of chapter 247 of title 10, United States Code, as added by section 1821(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item related to section 3457 the following new item: 3458. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.. (3) Conforming amendments to internal cross-references \nSection 3458 of title 10, United States Code, as redesignated by paragraph (1), is amended— (A) in subsection (b), by striking chapter 137 and inserting chapter 221 ; and (B) in subsection (c)(3), by striking section 2376(1) and inserting section 3451(1). (4) Effective date \nThe transfer, redesignation, and amendments made by this subsection shall take as if included in title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (5) References; savings provision; rule of construction \nSections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. (c) Repeal of obsolete authority \nSection 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note) is hereby repealed.", "id": "H8F0DEE1D00114875BF8FEC746345D674", "header": "Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures" }, { "text": "2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures \n(a) Authority \nThe Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. (b) Treatment as competitive procedures \nUse of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. (c) Limitations \n(1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department. (2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts. (3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services. (d) Congressional notification required \n(1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award. (2) Notice of an award under paragraph (1) shall include the following: (A) Description of the innovative commercial product or commercial service acquired. (B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability. (C) Amount of the contract awarded. (D) Identification of the contractor awarded the contract. (e) Innovative defined \nIn this section, the term innovative means— (1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or (2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.", "id": "H1B4BF08005994772BB3161F5DDF4BDCF", "header": "Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures" }, { "text": "804. Modifications to contracts subject to cost or pricing data certification \n(a) In general \nSection 2306a(a)(6) of title 10, United States Code, is amended— (1) by striking Upon the request and all that follows through paragraph (1) and inserting Under paragraph (1), ; and (2) by striking modify the contract and all that follows through consideration. and inserting modify the contract as soon as practicable to reflect subparagraphs (B) and (C) of such paragraph, without requiring consideration.. (b) Technical amendment \nSection 1831(c)(8)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4211) is amended by striking before and all that follows through the semicolon at the end and inserting after the subsection designation;.", "id": "HE12E2689FE694987A0A48C08FB695D9B", "header": "Modifications to contracts subject to cost or pricing data certification" }, { "text": "805. Two-year extension of Selected Acquisition Report requirement \n(a) Extension \nSection 2432(j) of title 10, United States Code, is amended by striking fiscal year 2021 and inserting fiscal year 2023. (b) Demonstration required \n(1) In general \nNot later than March 1, 2022, and every six months thereafter, the Secretary of Defense shall provide to the congressional defense committees a demonstration of the capability improvements necessary to achieve the full operational capability of the reporting system that will replace the Selected Acquisition Report requirements under section 2432 of title 10, United States Code, as amended by subsection (a). (2) Elements \n(A) In general \nThe demonstration required under paragraph (1) shall incorporate the following elements: (i) A demonstration of the full suite of data sharing capabilities of the reporting system referred to in paragraph (1) that can be accessed by authorized external users, including the congressional defense committees, for a range of covered programs across acquisition categories, including those selected under section 831 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1492). (ii) The plans required under subsection (c), as available. (B) Initial report \nIn addition to the elements described in subparagraph (A), the first demonstration provided under paragraph (1) shall incorporate the findings of the report required under section 830(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1492). (3) Termination \nThe requirements under this subsection shall terminate upon the date on which the Secretary of Defense submits to the congressional defense committees a written certification of the determination of the Secretary that the reporting system referred to in paragraph (1) has achieved full operational capability. (c) Plans Required for Data Gathering and Sharing \n(1) Data required for improved decision making \n(A) In general \nNot later than March 1, 2022, the Director of Cost Assessment and Program Evaluation shall prepare a plan for identifying and gathering the data required for effective decision making by program managers and Department of Defense leadership regarding covered programs. (B) Contents \nThe plan required under subparagraph (A) shall include— (i) data that— (I) address covered program progress compared to covered program cost, schedule, and performance goals; (II) provide an assessment of covered program risks; and (III) can be collected throughout the fiscal year without significant additional burden; (ii) the data, information, and analytical capabilities supported by the reporting system referred to in subsection (b)(1); (iii) the specific data elements needed to assess covered program performance and associated risks, including software development and cybersecurity risks, and an identification of any data elements that cannot be publicly released; (iv) the types of covered programs to be included in the reporting system referred to in subsection (b)(1), including the dollar value threshold for inclusion, and the acquisition methodologies and pathways that are to be included; (v) the criteria for initiating, modifying, and terminating reporting for covered programs in the reporting system referred to in subsection (b)(1), including program characteristics, acquisition methodology or pathway being used, cost growth or changes, and covered program performance; and (vi) the planned reporting schedule for the reporting system referred to in subsection (b)(1), including when reports will be available to authorized external users and the intervals at which data will be updated. (2) Improved data sharing within the Department of Defense and with outside stakeholders \n(A) In general \nNot later than July 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees the plan of the Department of Defense for the reporting system referred to in subsection (b)(1) to report to the congressional defense committees and effectively share information related to covered programs. (B) Contents \nThe plan required under subparagraph (A) shall— (i) incorporate the plan required under paragraph (1); (ii) provide for reporting not less frequently than once per year and continuous or periodic updates for authorized external users, as appropriate, to increase the efficiency of, and reduce the bureaucratic burdens for, reporting data and information on acquisition programs; (iii) identify the organizations responsible for implementation and overall operation of the reporting system referred to in subsection (b)(1); (iv) identify the organizations responsible for providing data for inclusion in such reporting system and ensuring that data is provided in a timely fashion; (v) include the schedule and milestones for implementing such reporting system; (vi) identify, for such implementation— (I) the resources required, including personnel and funding; and (II) the implementation risks and how such risks will be mitigated; (vii) identify the mechanisms by which reporting will be provided to the congressional defense committees and other authorized external users, including— (I) identification of types of organizations that will have access to the system, including those outside the Department of Defense; (II) how the system will be accessed by users, including those outside the Department of Defense; and (III) how such users will be trained on the use of the system and what level of support will be available for such users on an ongoing basis; and (viii) identify any changes to policy, guidance, or legislation that are required to begin reporting to the congressional defense committees in accordance with the plan. (d) Covered program defined \nIn this section, the term covered program means a program required to be included in a report submitted under section 2432 of title 10, United States Code.", "id": "HEB1DD2A396F9462BAC9B40F83B816F24", "header": "Two-year extension of Selected Acquisition Report requirement" }, { "text": "806. Annual report on highest and lowest performing acquisition programs of the Department of Defense \n(a) In general \nNot later than January 31, 2023, and annually thereafter for the following three years, the Component Acquisition Executive of each element or organization of the Department of Defense shall rank each covered acquisition program based on the criteria selected under subsection (b)(1) and submit to the congressional defense committees a report that contains a ranking of the five highest performing and five lowest performing covered acquisition programs for such element or organization based on such criteria. (b) Ranking criteria \n(1) In general \nIn completing the report required under subsection (a), each Component Acquisition Executive, in consultation with other officials of the Department of Defense as determined appropriate by the Component Acquisition Executive, shall select the criteria for ranking each covered acquisition program. (2) Inclusion in report \nEach Component Acquisition Executive shall include in the report submitted under subsection (a) an identification of the specific ranking criteria selected under paragraph (1), including a description of how those criteria are consistent with best acquisition practices. (c) Additional report elements \nEach Component Acquisition Executive shall include in the report required under subsection (a) for each of the five acquisition programs ranked as the lowest performing the following: (1) A description of the factors that contributed to the ranking of the program as low performing. (2) An assessment of the underlying causes of the poor performance of the program. (3) A plan for addressing the challenges of the program and improving performance, including specific actions that will be taken and proposed timelines for completing such actions. (d) Definitions \nIn this section: (1) Component Acquisition Executive \nThe term Component Acquisition Executive means— (A) a service acquisition executive; or (B) an individual designated by the head of an element or organization of the Department of Defense, other than a military department, as the Component Acquisition Executive for that element or organization. (2) Covered acquisition program \nIn this section the term covered acquisition program means— (A) a major defense acquisition program as defined in section 2430 of title 10, United States Code; or (B) an acquisition program that is estimated by the Component Acquisition Executive to require an eventual total expenditure described in section 2430(a)(1)(B) of title 10, United States Code. (3) Military department; service acquisition executive \nThe terms military department and service acquisition executive have the meanings given such terms in section 101(a) of title 10, United States Code.", "id": "H3BD3C803D90B4926961358174F7B201D", "header": "Annual report on highest and lowest performing acquisition programs of the Department of Defense" }, { "text": "807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services \n(a) Assessment required \nThe Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall jointly assess impediments and incentives to fulfilling the goals of section 3307 of title 41, United States Code, and section 2377 of title 10, United States Code, regarding preferences for commercial products and commercial services to— (1) enhance the innovation strategy of the Department of Defense to compete effectively against peer adversaries; and (2) encourage the rapid adoption of commercial advances in technology. (b) Elements of assessment \nThe assessment shall include a review of the use of preferences for commercial products and commercial services in procurement, including an analysis of— (1) relevant policies, regulations, and oversight processes; (2) relevant acquisition workforce training and education; (3) the role of requirements in the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, Operation of the Adaptive Acquisition Framework ), including— (A) the ability to accommodate evolving commercial functionality and new opportunities identified during market research; and (B) how phasing and uncertainty in requirements are treated; (4) the role of competitive procedures and source selection procedures, including the ability to structure acquisition processes to accommodate— (A) multiple or unequal solutions; and (B) emerging solutions that could fulfill program requirements; (5) the role of planning, programming, and budgeting structures and processes, including appropriations categories; (6) systemic biases in favor of custom solutions; (7) allocation of technical data rights; (8) strategies to control modernization and sustainment costs; (9) the risk to contracting officers and other members of the acquisition workforce of acquiring commercial products and commercial services, and incentives and disincentives for taking such risks; and (10) potential reforms that do not impose additional burdensome and time-consuming constraints on the acquisition process. (c) Briefing \nNot later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall brief the congressional defense committees on the results of the required assessment and any actions undertaken to improve compliance with the statutory preference for commercial products and commercial services, including any recommendations to Congress for legislative action.", "id": "HE2528FFC0E4B4733835DE7B9C9226E42", "header": "Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services" }, { "text": "808. Briefing on transparency for certain domestic procurement waivers \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the extent to which information relating to the use of domestic procurement waivers by the Department of Defense is publicly available.", "id": "H9763A924F6554BBC9841FC9A26769464", "header": "Briefing on transparency for certain domestic procurement waivers" }, { "text": "809. Report on violations of certain domestic preference laws \n(a) Report required \nNot later than February 1 of each of 2023, 2024, and 2025, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a report on violations of certain domestic preference laws reported to the Department of Defense and the military departments. Each report shall include such violations that occurred during the previous fiscal year covered by the report. (b) Elements \nEach report required under subsection (a) shall include the following for each reported violation: (1) The name of the contractor. (2) The contract number. (3) The nature of the violation, including which of the certain domestic preference laws was violated. (4) The origin of the report of the violation. (5) Actions taken or pending by the Secretary concerned in response to the violation. (6) Other related matters deemed appropriate by the Secretary concerned. (c) Certain domestic preference laws defined \nIn this section, the term certain domestic preference laws means any provision of section 2533a or 2533b of title 10, United States Code, or chapter 83 of title 41 of such Code, that requires or creates a preference for the procurement of goods, articles, materials, or supplies, that are grown, mined, reprocessed, reused, manufactured, or produced in the United States.", "id": "H911301508CAD4102A307E101FCAEB812", "header": "Report on violations of certain domestic preference laws" }, { "text": "811. Certain multiyear contracts for acquisition of property: budget justification materials \n(a) In general \nChapter 9 of title 10, United States Code, is amended by adding at the end the following new section: 239c. Certain multiyear contracts for acquisition of property: budget justification materials \n(a) In general \nIn the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under section 2306b of this title that— (1) the head of an agency intends to cancel during the fiscal year; or (2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year. (b) Elements \nEach proposal required by subsection (a) shall include the following: (1) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract. (2) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification. (3) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification. (4) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies. (c) Definitions \nIn this section: (1) The term covered modification means a modification that will result in a reduction in the quantity of end items to be procured. (2) The term head of an agency means— (A) the Secretary of Defense; (B) the Secretary of the Army; (C) the Secretary of the Navy; or (D) the Secretary of the Air Force.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 9 of such title is amended by adding at the end the following new item: 239c. Certain multiyear contracts for acquisition of property: budget justification materials..", "id": "HB9F99E0FF8D541918DEE0A4DC845D2E9", "header": "Certain multiyear contracts for acquisition of property: budget justification materials" }, { "text": "239c. Certain multiyear contracts for acquisition of property: budget justification materials", "id": "HE476BFBADEF34D58BF7DD5FC1E62A281", "header": "Certain multiyear contracts for acquisition of property: budget justification materials" }, { "text": "812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures \nSection 1762(g) of title 10, United States Code, is amended by striking December 31, 2023 and inserting December 31, 2026.", "id": "H03A67E69DE4B48FF9ABA0D7C58C6C314", "header": "Extension of demonstration project relating to certain acquisition personnel management policies and procedures" }, { "text": "813. Office of Corrosion Policy and Oversight employee training requirements \nSection 2228 of title 10, United States Code, is amended— (1) in subsection (b), by adding at the end the following new paragraph: (6) The Director shall ensure that contractors of the Department of Defense carrying out activities for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, or who are currently enrolled in, a qualified training program. ; (2) in subsection (c)— (A) in paragraph (2), by striking and at the end and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) require that any training or professional development activities for military personnel or civilian employees of the Department of Defense for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense are conducted under a qualified training program that trains and certifies individuals in meeting corrosion control standards that are recognized industry-wide. ; and (3) in subparagraph (f), by adding at the end the following new paragraph: (6) The term qualified training program means a training program in corrosion control, mitigation, and prevention that is— (A) offered or accredited by an organization that sets industry corrosion standards; or (B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. )..", "id": "H4CB22B1C781240B490255A2CF9F8DA3E", "header": "Office of Corrosion Policy and Oversight employee training requirements" }, { "text": "814. Modified condition for prompt contract payment eligibility \nSection 2307(a)(2)(B) of title 10, United States Code, is amended by striking if the prime contractor agrees or proposes to make payments to the subcontractor and inserting if the prime contractor agrees to make payments to the subcontractor.", "id": "H33B9F03BF46043218D082DC714C37320", "header": "Modified condition for prompt contract payment eligibility" }, { "text": "815. Modification to procurement of services: data analysis and requirements validation \n(a) In general \nSection 2329 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking October 1, 2021 and inserting February 1, 2023 ; and (B) by striking paragraphs (4) and (5) and inserting the following new paragraphs: (4) be informed by the review of the inventory required by section 2330a(c) using standard guidelines developed under subsection (d); and (5) clearly and separately identify the amount requested and projected for the procurement of contract services for each Defense Agency, Department of Defense Field Activity, command, or military installation for the budget year and the subsequent four fiscal years in the future-years defense program submitted to Congress under section 221. ; (2) by amending subsection (d) to read as follows: (d) Requirements Evaluation \n(1) Each Services Requirements Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies and procedures, available resources, the analyses conducted under subsection (c), and contracting efficacy and efficiency. An evaluation of a services contract for compliance with contracting policies and procedures may not be considered to be an evaluation of a requirement for such services contract. (2) The Secretary of Defense shall establish and issue standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Any such guidelines issued— (A) shall be consistent with the Handbook of Contract Function Checklists for Services Acquisition issued by the Department of Defense in May 2018, or a successor or other appropriate policy; and (B) shall be updated as necessary to incorporate applicable statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the use of Department of Defense civilian employees to perform new functions and functions that are performed by contractors. (3) The acquisition decision authority for each services contract shall certify— (A) that a task order or statement of work being submitted to a contracting office is in compliance with the standard guidelines; (B) that all appropriate statutory risk mitigation efforts have been made; and (C) that such task order or statement of work does not include requirements formerly performed by Department of Defense civilian employees. (4) The Inspector General of the Department of Defense may conduct annual audits to ensure compliance with this subsection. ; (3) by striking subsection (f) and redesignating the subsequent subsections accordingly; and (4) in subsection (f), as so redesignated— (A) in paragraph (3), by striking January 5, 2016 and inserting January 10, 2020 ; and (B) by adding at the end the following new paragraph: (4) The term acquisition decision authority means the designated decision authority for each designated special interest services acquisition category, described in such Department of Defense Instruction.. (b) Repeals \n(1) Section 235 of title 10, United States Code, is repealed. (2) Section 852 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1492; 10 U.S.C. 2329 note) is repealed.", "id": "H8D8CFB44F2584204B88E227794D54DA4", "header": "Modification to procurement of services: data analysis and requirements validation" }, { "text": "816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels \nSection 2534 of title 10, United States Code, is amended— (1) in subsection (a)(2), by adding at the end the following new subparagraph: (F) Welded shipboard anchor and mooring chain. ; and (2) in subsection (b)— (A) by striking A manufacturer and inserting (1) Except as provided in paragraph (2), a manufacturer ; and (B) by adding at the end the following new paragraph: (2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base..", "id": "HEED56E83F30B424F85C089B4D022469C", "header": "Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels" }, { "text": "817. Repeal of preference for fixed-price contracts \nSection 829 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 2306 note) is repealed.", "id": "HFB3A3531D92B4A2089A2DA09E8461AF1", "header": "Repeal of preference for fixed-price contracts" }, { "text": "821. Modification of other transaction authority for research projects \n(a) In general \nSection 2371 of title 10, United States Code, is amended— (1) in subsection (e)— (A) by striking paragraph (2); (B) in paragraph (1), in the matter preceding subparagraph (A), by striking (1) ; and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (2) by amending subsection (h) to read as follows: (h) Guidance \nThe Secretary of Defense shall issue guidance to carry out this section.. (b) Conforming amendment \nSection 2371b(b)(1) of title 10, United States Code, is amended by striking Subsections (e)(1)(B) and (e)(2) and inserting Subsection (e)(2).", "id": "H86273279843349298D5DABAB6A0E1C3A", "header": "Modification of other transaction authority for research projects" }, { "text": "822. Modification of prize authority for advanced technology achievements \nSection 2374a of title 10, United States Code, is amended— (1) in subsection (a), by inserting , including procurement contracts and other agreements, after other types of prizes ; (2) in subsection (b), in the first sentence, by inserting and for the selection of recipients of procurement contracts and other agreements after cash prizes ; (3) in subsection (c)(1), by inserting without the approval of the Under Secretary of Defense for Research and Engineering before the period at the end; and (4) by adding at the end the following new subsection: (g) Congressional notice \n(1) In general \nNot later than 15 days after a procurement contract or other agreement that exceeds a fair market value of $10,000,000 is awarded under the authority under a program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees written notice of such award. (2) Contents \nEach notice submitted under paragraph (1) shall include— (A) the value of the relevant procurement contract or other agreement, as applicable, including all options; (B) a brief description of the research result, technology development, or prototype for which such procurement contract or other agreement, as applicable, was awarded; and (C) an explanation of the benefit to the performance of the military mission of the Department of Defense resulting from the award..", "id": "H93FB8FC170D540439A74C7BF6C7E47E0", "header": "Modification of prize authority for advanced technology achievements" }, { "text": "823. Pilot program on systems engineering determinations \n(a) Requirement \nAs soon as practicable but not later than September 30, 2023, the Secretary of Defense shall ensure that each covered entity enters into at least two covered transactions under an authority described in subsection (b), where each such covered transaction includes the system engineering determinations described under subsection (c). (b) Covered authorities \nThe authorities described under this subsection are as follows: (1) Section 2371 of title 10, United States Code, with respect to applied and advanced research project transactions relating to weapons systems. (2) Section 2371b of such title, with respect to transactions relating to weapons systems. (3) Section 2373 of such title. (4) Section 2358 of such title, with respect to transactions relating to weapons systems. (c) Systems engineering determinations \n(1) First determination \n(A) Success criteria \nThe head of a covered entity that enters into a covered transaction under this section shall identify, in writing, not later than 30 days after entering into such covered transaction, measurable success criteria related to potential military applications of such covered transaction, to be demonstrated not later than the last day of the period of performance for such covered transaction. (B) Types of determinations \nNot later than 30 days after the end of such period of performance, the head of the covered entity shall make one of the following determinations: (i) A Discontinue determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination. (ii) A Retain and Extend determination, under which such head ensures continued performance of such covered transaction and extends the period of performance for a specified period of time in order to achieve the success criteria described under subparagraph (A). (iii) An Endorse and Refer determination, under which such head endorses the covered transaction and refers it to the most appropriate Service Systems Engineering Command, based on the technical attributes of the covered transaction and the associated potential military applications, based on meeting or exceeding the success criteria. (C) Written notice \nA determination made pursuant to subparagraph (B) shall be documented in writing and provided to the person performing the covered transaction to which the determination relates. (D) Further determination \nIf the head of a covered entity issued a Retain and Extend determination described in subparagraph (B)(ii), such head shall, at the end of the extension period— (i) issue an Endorse and Refer determination described in subparagraph (B)(iii) if the success criteria are met; or (ii) issue a Discontinue determination described in subparagraph (B)(i) if the success criteria are not met. (2) Second determination \n(A) Systems engineering plan \nThe head of the Service Systems Engineering Command that receives a referral from an Endorse and Refer determination described in paragraph (1)(B)(iii) shall, not later than 30 days after receipt of such referral, formulate a systems engineering plan with the person performing the referred covered transaction, technical experts of the Department of Defense, and any prospective program executive officers. (B) Elements \nThe systems engineering plan required under subparagraph (A) shall include the following: (i) Measurable baseline technical capability, based on meeting the success criteria described in paragraph (1)(A). (ii) Measurable transition technical capability, based on the technical needs of the prospective program executive officers to support a current or future program of record. (iii) Discrete technical development activities necessary to progress from the baseline technical capability to the transition technical capability, including an approximate cost and schedule, including activities that provide resolution to issues relating to— (I) interfaces; (II) data rights; (III) Federal Government technical requirements; (IV) specific platform technical integration; (V) software development; (VI) component, subsystem, or system prototyping; (VII) scale models; (VIII) technical manuals; (IX) lifecycle sustainment needs; and (X) other needs identified by the relevant program executive officer. (iv) Identification and commitment of funding sources to complete the activities under clause (iii). (C) Types of determinations \nNot later than 30 days after the end of the schedule required by subparagraph (B)(iii), the head of the Service Systems Engineering Command shall make one of the following determinations: (i) A Discontinue determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination. (ii) A Retain and Extend determination, under which such head ensures continued performance of such covered transaction within the Service Systems Engineering Command and extends the period of performance for a specified period of time in order to— (I) successfully complete the systems engineering plan required under subparagraph (A); and (II) issue specific remedial or additional activities to the person performing the covered transaction. (iii) An Endorse and Refer determination, under which such head endorses the covered transaction and refers it to a program executive officer, based on successful completion of the systems engineering plan required under subparagraph (A). (D) Written notice \nA determination made pursuant to subparagraph (C) shall be documented in writing and provided to the person performing the covered transaction to which the determination relates and any prospective program executive officers for such covered transaction. (E) Further determination \nIf the head of the Service Systems Engineering Command issued a Retain and Extend determination described in subparagraph (C)(ii), such head shall, at the end of the extension period— (i) issue an Endorse and Refer determination described in subparagraph (C)(iii) if the transition technical capability criteria are met; or (ii) issue a Discontinue determination described in subparagraph (B)(i) if the success criteria are not met. (d) Priority for covered transaction selection \nIn selecting a covered transaction under this section, the Secretary shall prioritize those covered transactions that— (1) are being initially demonstrated at a covered entity; (2) demonstrate a high potential to be further developed by a Service Systems Engineering Command; and (3) demonstrate a high potential to be used in a program of the Department of Defense. (e) Notifications \n(1) In general \nNot later than 30 days after a covered transaction is entered into pursuant to subsection (a), the Secretary of Defense shall notify the congressional defense committees of such covered transaction. (2) Updates \nNot later than 120 days after such a covered transaction is entered into, and every 120 days thereafter until the action specified in subsection (c)(1)(B)(i), (c)(2)(C)(i), or (c)(2)(C)(iii) occurs, the Secretary of Defense shall provide written updates to the congressional defense committees on the actions being taken by the Department to comply with the requirements of this section. (f) Briefing required \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section. (g) Definitions \nIn this section: (1) The term covered entity means— (A) the Defense Innovation Unit; (B) the Strategic Capabilities Office; or (C) the Defense Advanced Research Projects Agency. (2) The term covered transaction means a transaction, procurement, or project conducted pursuant to an authority listed in subsection (b). (3) The term Service Systems Engineering Command means the specific Department of Defense command that reports through a chain of command to the head of a military department that specializes in the systems engineering of a system, subsystem, component, or capability area.", "id": "H6C71555659344BB7B6B2F4D4565067F2", "header": "Pilot program on systems engineering determinations" }, { "text": "824. Recommendations on the use of other transaction authority \n(a) Review and recommendations required \n(1) In general \nThe Secretary of Defense shall review the current use, and the authorities, regulations, and policies related to the use, of other transaction authority under sections 2371 and 2371b of title 10, United States Code, and assess the merits of modifying or expanding such authorities with respect to— (A) the inclusion in such transactions for the Government and contractors to include force majeure provisions to deal with unforeseen circumstances in execution of the transaction; (B) the determination of the traditional or nontraditional status of an entity based on the parent company or majority owner of the entity; (C) the determination of the traditional or nontraditional status of an entity based on the status of an entity as a qualified businesses wholly-owned through an Employee Stock Ownership Plan; (D) the ability of the Department of Defense to award agreements for prototypes with all of the costs of the prototype project provided by private sector partners of the participant to the transaction for such prototype project, to allow for expedited transition into follow-on production agreements for appropriate technologies; (E) the ability of the Department of Defense to award agreements for procurement, including without the need for prototyping; (F) the ability of the Department of Defense to award agreements for sustainment of capabilities, including without the need for prototyping; (G) the ability of the Department of Defense to award agreements to support the organic industrial base; (H) the ability of the Department of Defense to award agreements for prototyping of services or acquisition of services; (I) the need for alternative authorities or policies to more effectively and efficiently execute agreements with private sector consortia; (J) the ability of the Department of Defense to monitor and report on individual awards made under consortium-based other transactions; and (K) other issues as identified by the Secretary. (2) Qualified businesses wholly-owned through an Employee Stock Ownership Plan defined \nThe term qualified businesses wholly-owned through an Employee Stock Ownership Plan means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of the Internal Revenue Code). (b) Issues identified and recommendations for changes to policies or authorities \nIn carrying out the review under paragraph (1) of subsection (a), with respect to each issue described in subparagraphs (A) through (K) of such paragraph, the Secretary of Defense shall— (1) identify relevant issues and challenges with the use of the authority under section 2371 or 2371b of title 10, United States Code; (2) discuss the advantages and disadvantages of modifying or expanding the authority under section 2371 or 2371b of title 10, United States Code, to address issues under paragraph (1); (3) identify policy changes that will be made to address issues identified under paragraph (1); (4) make recommendations to the congressional defense committees for new or modified statutory authorities to address issues identified under paragraph (1); and (5) provide such other information as determined appropriate by the Secretary. (c) Report \nNot later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report describing activities undertaken pursuant to this section, as well as issues identified, policy changes proposed, justifications for such proposed policy changes, and recommendations for legislative changes.", "id": "HD53B40596C7143338801FCED505C683A", "header": "Recommendations on the use of other transaction authority" }, { "text": "825. Reporting requirement for certain defense acquisition activities \n(a) Procedures for identifying certain acquisition agreements and activities \nThe Secretary of Defense shall establish procedures to identify organizations performing on individual projects under the following types of awards: (1) Other transaction agreements pursuant to the authorities under section 2371 and 2371b of title 10, United States Code. (2) Individual task orders awarded under a task order contract (as defined in section 2304d of title 10, United States Code), including individual task orders issued to a federally funded research and development center. (b) For initial agreements covered under subsection (a), the procedures required under subsection (a) shall include, but not be limited to— (1) the participants to the transaction (other than the Federal Government); (2) each business selected to perform work under the transaction by a participant to the transaction that is a consortium of private entities; (3) the date on which each participant entered into the transaction; (4) the amount of the transaction; and (5) other related matters the Secretary deems appropriate. (c) For follow-on contracts, agreements, or transactions covered under subsection (a), the procedures required under subsection (a) shall include, but not be limited to— (1) identification of the initial covered contract or transaction and each subsequent follow-on contract or transaction; (2) the awardee; (3) the amount; (4) the date awarded; and (5) other related matters the Secretary deems appropriate. (d) The Administrator of the General Services Administration shall update the Federal Procurement Data System (FPDS) within 180 days to collect the data required under this section. (e) Reporting \nNot later than one year after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of agreements and activities described in subsection (a) and associated funding. (f) Publication of information \nNot later than one year after the date of enactment of this Act, the Secretary of Defense shall establish procedures to collect information on individual agreements and activities described in this section and associated funding in an online, public, searchable database, unless the Secretary deems such disclosure inappropriate for individual agreements based on national security concerns.", "id": "H1211BC0295854CDD8334246BF4728658", "header": "Reporting requirement for certain defense acquisition activities" }, { "text": "831. Technology protection features activities \n(a) In general \nSection 2357 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by inserting (1) before Any ; (B) by adding at the end the following new paragraph: (2) The Secretary may deem the portion of the costs of the contractor described in paragraph (1) with respect to a designated system as allowable independent research and development costs under the regulations issued under section 2372 of this title if— (A) the designated system receives Milestone B approval; and (B) the Secretary determines that doing so would further the purposes of this section. ; and (2) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following new paragraphs: (2) The term independent research and development costs has the meaning given the term in section 31.205-18 of title 48, Code of Federal Regulations. (3) The term Milestone B approval has the meaning given the term in section 2366(e)(7) of this title.. (b) Conforming regulations \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with section 2357 of title 10, United States Code, as amended by subsection (a).", "id": "H6BF15D96A7664BF0B046B24F46913B12", "header": "Technology protection features activities" }, { "text": "832. Modification of enhanced transfer of technology developed at Department of Defense laboratories \nSection 801(e) of the National Defense Authorization Act for Fiscal Year 2014 ( 10 U.S.C. 2514 note) is amended— (1) by redesignating subsection (e) as subsection (f); (2) by striking subsection (d) and inserting the following new subsections: (d) Data collection \nThe Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under this section for the purposes of— (1) developing and sharing best practices; and (2) providing information to the Secretary of Defense and Congress on the use of authority under this section and related policy issues. (e) Report \nThe Secretary of Defense shall submit a report to the congressional defense committees on the activities carried out under this section not later than December 31, 2025. ; and (3) in subsection (f) (as so redesignated), by striking December 31, 2021 and inserting December 31, 2026.", "id": "H333F6486D50C4673B21A3797CC67D59F", "header": "Modification of enhanced transfer of technology developed at Department of Defense laboratories" }, { "text": "833. Pilot program on acquisition practices for emerging technologies \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment or the Under Secretary's designee, shall establish a pilot program (in this section referred to as the Pilot Program ) to develop and implement unique acquisition mechanisms for emerging technologies in order to increase the speed of transition of emerging technologies into acquisition programs or into operational use. (b) Elements \nIn carrying out the Pilot Program, the Under Secretary of Defense for Acquisition and Sustainment shall— (1) identify, and award agreements to, not less than four new projects supporting high-priority defense modernization activities, consistent with the National Defense Strategy, with consideration given to— (A) offensive missile capabilities; (B) space-based assets; (C) personnel and quality of life improvement; (D) energy generation and storage; and (E) any other area activities the Under Secretary determines appropriate; (2) develop a unique acquisition plan for each project identified pursuant to paragraph (1) that is significantly novel from standard Department of Defense acquisition practices, including the use of— (A) alternative price evaluation models; (B) alternative independent cost estimation methodologies; (C) alternative market research methods; (D) continuous assessment of performance metrics to measure project value for use in program management and oversight; (E) alternative intellectual property strategies, including activities to support modular open system approaches (as defined in section 2446a(b) of title 10, United States Code) and reduce life-cycle and sustainment costs; and (F) other alternative practices identified by the Under Secretary; (3) execute the acquisition plans described in paragraph (2) and award agreements in an expedited manner; and (4) determine if existing authorities are sufficient to carry out the activities described in this subsection and, if not, submit to the congressional defense committees recommendations for statutory reforms that will provide sufficient authority. (c) Regulation waiver \nThe Under Secretary of Defense for Acquisition and Sustainment shall establish mechanisms for the Under Secretary to waive, upon request, regulations, directives, or policies of the Department of Defense, a military service, or a Defense Agency with respect to a project awarded an agreement under the Pilot Program if the Under Secretary determines that such a waiver furthers the purposes of the Pilot Program, unless such waiver would be prohibited by a provision of a Federal statute or common law. (d) Agreement termination \n(1) In general \nThe Secretary of Defense may establish procedures to terminate agreements awarded under the Pilot Program. (2) Notification required \nAny procedure established under paragraph (1) shall require that, not later than 30 days prior to the termination of any agreement under such procedure, notice of such termination shall be provided to the congressional defense committees. (e) Pilot program advisory group \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment shall establish a Pilot Program advisory group to advise the Under Secretary on— (A) the selection, management and elements of projects under the Pilot Program; (B) the collection of data regarding the use of the Pilot Program; and (C) the termination of agreements under the Pilot Program. (2) Membership \n(A) In general \nThe members of the advisory group established under paragraph (1) shall be appointed as follows: (i) One member from each military department (as defined under section 101(a) of title 10, United States Code), appointed by the Secretary of the military department concerned. (ii) One member appointed by the Under Secretary of Defense for Research and Engineering. (iii) One member appointed by the Under Secretary of Defense for Acquisition and Sustainment. (iv) One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense. (v) One member appointed by the Director of the Defense Advanced Research Projects Agency. (vi) One member appointed by the Director of Cost Assessment and Program Evaluation. (vii) One member appointed by the Director of Operational Test and Evaluation. (B) Deadline for appointment \nMembers of the advisory group shall be appointed not later than 30 days after the date of the establishment of the pilot program under subsection (a). (3) FACA non-applicability \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group established under paragraph (1). (f) Information to Congress \n(1) Briefing requirement \nNot later than 180 days after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on activities performed under this section. (2) Budget justification materials \nThe Secretary shall establish procedures to clearly identify all projects under the Pilot Program in budget justification materials submitted to Congress. (g) Data requirements \n(1) Collection and analysis of data \nThe Secretary shall establish mechanisms to collect and analyze data on the execution of the Pilot Program for the purpose of— (A) developing and sharing best practices for achieving goals established for the Pilot Program; (B) providing information to the Secretary and the congressional defense committees on the execution of the Pilot Program; and (C) providing information to the Secretary and the congressional defense committees on related policy issues. (2) Data strategy required \nThe Secretary may not establish the Pilot Program prior to completion of a plan for— (A) meeting the requirements of this subsection; (B) collecting the data required to carry out an evaluation of the lessons learned from the Pilot Program; and (C) conducting such evaluation. (h) Termination \nThe Pilot Program shall terminate on the earlier of— (1) the date on which each project identified under subsection (b)(1) has either been completed or has had all agreements awarded to such project under the Pilot Program terminated; or (2) the date that is five years after the date of the enactment of this Act.", "id": "H0643E45D0FA548EAB3C8630DB128809C", "header": "Pilot program on acquisition practices for emerging technologies" }, { "text": "834. Pilot program to accelerate the procurement and fielding of innovative technologies \n(a) Pilot program \nSubject to availability of appropriations, the Secretary of Defense shall establish a competitive, merit-based pilot program to accelerate the procurement and fielding of innovative technologies by, with respect to such technologies— (1) reducing acquisition or life-cycle costs; (2) addressing technical risks; (3) improving the timeliness and thoroughness of test and evaluation outcomes; and (4) rapidly implementing such technologies to directly support defense missions. (b) Guidelines \nNot later than one year after the date of the enactment of this Act, the Secretary shall issue guidelines for the operation of the pilot program established under this section. At a minimum such guidelines shall provide for the following: (1) The issuance of one or more solicitations for proposals by the Department of Defense in support of the pilot program, with a priority established for technologies developed by small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )) or nontraditional defense contractors (as defined under section 2302 of title 10, United States Code). (2) A process for— (A) the review of proposals received in response to a solicitation issued under paragraph (1) by the Secretary of Defense and by each Secretary of a military department; (B) the merit-based selection of the most promising cost-effective proposals; and (C) the procurement of goods or services offered by such a proposal through contracts, cooperative agreements, other transaction authority, or by another appropriate process. (c) Maximum amount \nThe total amount of funding provided for any proposal selected for an award under the pilot program established under this section shall not exceed $50,000,000, unless the Secretary (or designee of the Secretary) approves a greater amount of funding. (d) Data collection \n(1) Plan required before implementation \nThe Secretary of Defense may not provide funding under this section until the date on which the Secretary— (A) completes a plan for carrying out the data collection required under paragraph (2); and (B) submits the plan to the congressional defense committees. (2) Data collection required \nThe Secretary of Defense shall collect and analyze data on the pilot program established under this section for the purposes of— (A) developing and sharing best practices for achieving the objectives of the pilot program; (B) providing information on the implementation of the pilot program and related policy issues; and (C) reporting to the congressional defense committees as required under subsection (e). (e) Biannual reports \nNot later than March 1 and September 1 of each year beginning after the date of the enactment of this Act until the termination of the pilot program established under this section, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program. (f) Termination \nThe authority to carry out a pilot program under this section shall terminate on September 30, 2027.", "id": "H06016F3963444817AE72EE3E358303A8", "header": "Pilot program to accelerate the procurement and fielding of innovative technologies" }, { "text": "835. Independent study on technical debt in software-intensive systems \n(a) Study required \nNot later than May 1, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to study technical debt in software-intensive systems, as determined by the Under Secretary of Defense for Acquisition and Sustainment. (b) Study elements \nThe study required under subsection (a) shall include analyses and recommendations, including actionable and specific guidance and any recommendations for statutory or regulatory modifications, on the following: (1) Qualitative and quantitative measures which can be used to identify a desired future state for software-intensive systems. (2) Qualitative and quantitative measures that can be used to assess technical debt. (3) Policies for data access to identify and assess technical debt and best practices for software-intensive systems to make such data appropriately available for use. (4) Forms of technical debt which are suitable for objective or subjective analysis. (5) Current practices of Department of Defense software-intensive systems to track and use data related to technical debt. (6) Appropriate individuals or organizations that should be responsible for the identification and assessment of technical debt, including the organization responsible for independent assessments. (7) Scenarios, frequency, or program phases during which technical debt should be assessed. (8) Best practices to identify, assess, and monitor the accumulating costs technical debt. (9) Criteria to support decisions by appropriate officials on whether to incur, carry, or reduce technical debt. (10) Practices for the Department of Defense to incrementally adopt to initiate practices for managing or reducing technical debt. (c) Access to data and records \nThe Secretary of Defense shall ensure that the federally funded research and development center selected under subsection (a) has sufficient resources and access to technical data, individuals, organizations, and records necessary to complete the study required under this section. (d) Report required \nNot later than 18 months after entering the agreement described in subsection (a), the Secretary shall submit to the congressional defense committees a report on the study required under subsection (b), along with any additional information and views as desired in publicly releasable and unclassified forms. The Secretary may also include a classified annex to the study as necessary. (e) Briefings required \n(1) Initial briefing \nNot later than March 1, 2022, the Secretary of Defense shall provide a briefing to the congressional defense committees on activities undertaken and planned to conduct the study required by subsection (a), including any barriers to conducting such activities and the resources to be provided to conduct such activities. (2) Interim briefing required \nNot later than 12 months after entering into the agreement under subsection (a), the Secretary of Defense shall provide a briefing to the congressional defense committees on interim analyses and recommendations described in subsection (b) including those that could require modifications to guidance, regulations, or statute. (3) Final briefing required \nNot later than 60 days after the date on which the report required by subsection (d) is submitted, the Secretary of Defense shall brief the congressional defense committees on a plan and schedule for implementing the recommendations provided in the report. (f) Technical debt defined \nIn this section, the term technical debt means an element of design or implementation that is expedient in the short term, but that would result in a technical context that can make a future change costlier or impossible.", "id": "H5BE2CB9B19FA4365A5D2D50654DE32F6", "header": "Independent study on technical debt in software-intensive systems" }, { "text": "836. Cadre of software development and acquisition experts \n(a) In general \nNot later than January 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in software development, acquisition, and sustainment to improve the effectiveness of software development, acquisition, and sustainment programs or activities of the Department of Defense. (b) Structure \nThe Under Secretary of Defense for Acquisition and Sustainment— (1) shall ensure the cadre has the appropriate number of members; (2) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and (3) shall determine the appropriate officials to whom members of the cadre shall report. (c) Assignment \nThe Under Secretary of Defense for Acquisition and Sustainment shall establish processes to assign members of the cadre to provide— (1) expertise on matters relating to software development, acquisition, and sustainment; and (2) support for appropriate programs or activities of the Department of Defense. (d) Administration \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment, in coordination with the President of the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing personnel and acquisition authorities to establish the cadre, as appropriate, including— (A) section 9903 of title 5, United States Code; (B) authorities relating to services contracting; (C) the Intergovernmental Personnel Act of 1970 ( 42 U.S.C. 4701 et seq. ); and (D) authorities relating to exchange programs with industry. (2) Assignments \nCivilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre. (3) Preference \nIn establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense. (e) Support of members of the Armed Forces \nThe Under Secretary of Defense for Acquisition and Sustainment shall continue to support efforts of the Secretaries concerned to place members of the Armed Forces in software development, acquisition, and sustainment positions and develop software competence in members of the Armed Forces, including those members with significant technical skill sets and experience but who lack formal education, training, or a technology-focused military occupation specialty. (f) Funding \nThe Under Secretary of Defense for Acquisition and Sustainment is authorized to use amounts in the Defense Acquisition Workforce Development Account (established under section 1705 of title 10, United States Code) for the purpose of recruitment, training, and retention of members of the cadre, including by using such amounts to pay salaries of newly hired members of the cadre for up to three years. (g) Compliance \nIn carrying out this section, the Under Secretary of Defense for Acquisition and Sustainment shall ensure compliance with applicable total force management policies, requirements, and restrictions provided in sections 129a, 2329, and 2461 of title 10, United States Code.", "id": "H66461FD2A1CE4B88A7FE9ACF9E858B2A", "header": "Cadre of software development and acquisition experts" }, { "text": "841. Modernization of acquisition processes to ensure integrity of industrial base \nSection 2509 of title 10, United States Code is amended— (1) in subsection (a)— (A) by striking existing ; and (B) by striking across the acquisition process and all that follows through in the Department ; (2) by striking subsections (f) and (g); (3) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (4) by inserting after subsection (a) the following new subsection: (b) Objective \nThe objective of subsection (a) shall be to employ digital tools, technologies, and approaches to ensure the accessibility of relevant defense industrial base data to key decision-makers in the Department. ; (5) in subsection (c), as so redesignated— (A) in paragraph (1), by adding in implementing subsections (a) and (b) before the period at the end; and (B) in paragraph (2)— (i) in subparagraph (A)(viii), by inserting by the Secretary of Defense before the period at the end; and (ii) in subparagraph (B)— (I) in the text preceding clause (i), by striking constitute and inserting constitutes or may constitute ; and (II) in clause (vii), by inserting by the Secretary of Defense before the period at the end; (6) in subsection (d)(11), as so redesignated, by adding as deemed appropriate by the Secretary before the period at the end; and (7) in subsection (e), as so redesignated— (A) in paragraph (1)— (i) in subparagraph (A), by striking timely ; and (ii) in subparagraph (B)— (I) by striking clause (ii) and inserting the following new clause: (ii) A description of modern data infrastructure, tools, and applications and an assessment of the extent to which new capabilities would improve the effectiveness and efficiency of mitigating the risks described in subsection (c)(2). ; and (II) in clause (iii), by inserting , including the following after provides data ; and (B) by striking paragraph (2) and inserting the following new paragraph: (2) (A) Based on the findings pursuant to paragraph (1), the Secretary of Defense shall develop a unified set of activities to modernize the systems of record, data sources and collection methods, and data exposure mechanisms. The unified set of activities should include— (i) the ability to continuously collect data on, assess, and mitigate risks; (ii) data analytics and business intelligence tools and methods; and (iii) continuous development and continuous delivery of secure software to implement the activities. (B) In connection with the assessments described in this section, the Secretary shall develop capabilities to map supply chains and to assess risks to the supply chain for major end items by business sector, vendor, program, part, and other metrics as determined by the Secretary..", "id": "H381AFC2876E14BF387A8133451B346CE", "header": "Modernization of acquisition processes to ensure integrity of industrial base" }, { "text": "842. Modification to analyses of certain activities for action to address sourcing and industrial capacity \nSection 849 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking Not later than January 15, 2022, and inserting With respect to items listed in paragraphs (1) through (13) of subsection (c), not later than January 15, 2022, and with respect to items listed in paragraphs (14) through (19) of such subsection, not later than January 15, 2023, ; and (B) in paragraph (2)— (i) by striking The Secretary of Defense and inserting With respect to items listed in paragraphs (1) through (13) of subsection (c), during the 2022 calendar year, and with respect to items listed in paragraphs (14) through (19) of such subsection, during the 2023 calendar year ; and (ii) by striking submitted during the 2022 calendar year ; and (2) in subsection (c), by adding at the end the following new paragraphs: (14) Beef products. (15) Molybdenum and molybdenum alloys. (16) Optical transmission equipment, including optical fiber and cable equipment. (17) Armor on tactical ground vehicles. (18) Graphite processing. (19) Advanced AC–DC power converters..", "id": "HF42CDD25B745443A827B268EEBCEC94B", "header": "Modification to analyses of certain activities for action to address sourcing and industrial capacity" }, { "text": "843. Assuring integrity of overseas fuel supplies \n(a) In general \nBefore awarding a contract to an offeror for the supply of fuel for any overseas contingency operation, the Secretary of Defense shall— (1) ensure, to the maximum extent practicable, that no otherwise responsible offeror is disqualified for such award on the basis of an unsupported denial of access to a facility or equipment by the host nation government; and (2) require assurances that the offeror will comply with the requirements of subsections (b) and (c). (b) Requirement \nAn offeror for the supply of fuel for any overseas contingency operation shall— (1) certify that the provided fuel, in whole or in part, or derivatives of such fuel, is not sourced from a nation or region prohibited from selling petroleum to the United States; and (2) furnish such records as are necessary to verify compliance with such anticorruption statutes and regulations as the Secretary determines necessary, including— (A) the Foreign Corrupt Practices Act ( 15 U.S.C. 78dd–1 et seq. ); (B) the regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the International Traffic in Arms Regulations ); (C) the regulations contained in parts 730 through 774 of title 15, Code of Federal Regulations, or successor regulations (commonly known as the Export Administration Regulations ); and (D) such regulations as may be promulgated by the Office of Foreign Assets Control of the Department of the Treasury. (c) Applicability \nSubsections (a) and (b) of this section shall apply with respect to contracts entered into on or after the date of the enactment of this Act. (d) Consideration of tradeoff processes \nIf the Secretary of Defense awards a contract for fuel procurement for an overseas contingency operation, the contracting officer for such contract shall consider tradeoff processes (as described in subpart 15 of the Federal Acquisition Regulation, or any successor regulation), including consideration of past performance evaluation, cost, anticorruption training, and compliance. With respect to any such contract awarded for which the contracting officer does not consider tradeoff processes, the contracting officer shall, before issuing a solicitation for such contract, submit to the Secretary a written justification for not considering tradeoff processes in awarding such contract.", "id": "H526A79DB2F564221AA32B82D47848AAB", "header": "Assuring integrity of overseas fuel supplies" }, { "text": "844. Assessment of requirements for certain items to address supply chain vulnerabilities \n(a) Definitions \nIn this section, the term dual-use has the meaning given in section 2500 of title 10, United States Code. (b) Assessment \nThe Secretary of Defense shall assess the requirements of the Department of Defense for dual-use items covered by section 2533a of title 10, United States Code. (c) Policies \nThe Secretary of Defense shall develop or revise and implement relevant policies to track and reduce fluctuations in supply chain forecasting and encourage predictable demand requirements for annual procurements of such dual-use items by the Office the Secretary of Defense, each military department, and the Defense Logistics Agency. (d) Report and briefings \n(1) Assessment report \n(A) In general \nNot later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the assessment conducted under subsection (b). (B) Form \nThe report required by subparagraph (A) shall be submitted in an unclassified form, but may include a classified annex to the extent required to protect the national security of the United States. (2) Quarterly briefings \n(A) In general \nNot later than March 1, 2023, and quarterly thereafter until March 1, 2026, each Secretary of a military department and the Director of the Defense Logistics Agency shall brief the Under Secretary of Defense for Acquisition and Sustainment on the fluctuations in supply chain forecasting and demand requirements for each dual-use item covered by section 2533a of title 10, United States Code. (B) Documentation \nEach briefing under subparagraph (A) shall be accompanied by documentation regarding the particular points of discussion for that briefing, including the fluctuations described in such subparagraph, expressed as a percentage.", "id": "H3E4F6631D4DF4035A673BD34CD6E2F13", "header": "Assessment of requirements for certain items to address supply chain vulnerabilities" }, { "text": "845. Department of Defense research and development priorities \nThe Secretary of Defense shall cooperate with the Secretary of Energy to ensure that the priorities of the Department of Defense with respect to the research and development of alternative technologies to, and methods for the extraction, processing, and recycling of, critical minerals (as defined in section 2(b) of the National Materials and Minerals Policy, Research, and Development Act of 1980 ( 30 U.S.C. 1601(b) )) are considered and included where feasible in the associated research and development activities funded by the Secretary of Energy pursuant to the program established under paragraph (g) of section 7002 of division Z of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ).", "id": "HA9EC62A4376148C9BE9A6023A124DA60", "header": "Department of Defense research and development priorities" }, { "text": "846. Report on the Manufacturing Engineering Education Program \n(a) Report required \nNot later than March 1, 2023, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a report on the Manufacturing Engineering Education Program established under section 2196 of title 10, United States Code (referred to in this section as the Program ). (b) Elements \nThe report required under subsection (a) shall include the following elements for the Program: (1) A summary of activities conducted, and grants or awards made, during the previous fiscal year. (2) The extent to which the Program can be modified to improve collaboration among institutions of higher education, career and technical education programs, workforce development boards, labor organizations, and organizations representing defense industrial base contractors to focus on career pathways for individuals seeking careers in manufacturing. (3) An assessment of the benefits and costs of enhancing or expanding the Program to include individuals attending secondary schools and career and technical education programs not considered institutions of higher education. (4) Recommendations for legislative changes or other incentives that could improve career pathways for individuals seeking careers in manufacturing, particularly in support of the defense industrial base. (5) Other related matters the Secretary deems appropriate. (c) Definitions \nIn this section: (1) The term career and technical education has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) The term defense industrial base contractor means a prime contractor or subcontractor (at any tier) in the defense industrial base. (3) The term institution of higher education has the meaning given such term in section 1001 of title 20, United States Code. (4) The term labor organization has the meaning given such term in section 2 of the National Labor Relations Act (29 14 U.S.C. 152 ). (5) The term workforce development board means a State board or a local board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ).", "id": "H83C13F05E53C44269F05FEA34782909C", "header": "Report on the Manufacturing Engineering Education Program" }, { "text": "847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries \n(a) Plan \nThe Secretary of Defense, in consultation with the Secretary of State, shall develop and implement a plan to— (1) reduce the reliance of the United States on services, supplies, or materials obtained from sources located in geographic areas controlled by covered countries; and (2) mitigate the risks to national security and the defense supply chain arising from the reliance of the United States on such sources for services, supplies, or materials to meet critical defense requirements. (b) Report \nNot later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the plan required under subsection (a). (c) Covered country defined \nIn this section, the term covered country means North Korea, China, Russia, and Iran.", "id": "H0552D5C93BD145AAA4EAF5336E56E041", "header": "Plan and report on reduction of reliance on services, supplies, or materials from covered countries" }, { "text": "848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region \n(a) Prohibition on the availability of funds for certain procurements from XUAR \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a poverty alleviation or pairing assistance program. (b) Rulemaking \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to require a certification from offerors for contracts with the Department of Defense stating the offeror has made a good faith effort to determine that forced labor from XUAR, as described in subsection (a), was not or will not be used in the performance of such contract. (c) Definitions \nIn this section: (1) The term forced labor means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily. (2) The term person means— (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or (B) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A). (3) The term XUAR means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China.", "id": "H10CB544F310B4F1B97BD23330D5172DB", "header": "Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region" }, { "text": "851. Modifications to printed circuit board acquisition restrictions \n(a) In general \nSection 2533d of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking January 1, 2023 and inserting the date determined under paragraph (3) ; and (B) by adding at the end the following new paragraph: (3) Paragraph (1) shall take effect on January 1, 2027. ; (2) in subsection (c)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting specified type of after means any ; (ii) in subparagraph (A), by striking (as such terms are defined under sections 103 and 103a of title 41, respectively) ; and (iii) by amending subparagraph (B) to read as follows: (B) is a component of— (i) a defense security system; or (ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired. ; and (B) by adding at the end the following new paragraphs: (4) Commercial product; commercial service; commercially available off-the shelf item \nThe terms commercial product , commercial service , and commercially available off-the-shelf item have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively. (5) Defense security system \n(A) The term defense security system means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which— (i) involves command and control of an armed force; (ii) involves equipment that is an integral part of a weapon or weapon system; or (iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions. (B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). (6) Specified type \nThe term specified type means a printed circuit board that is— (A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and (B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2). ; and (3) by amending subsection (d) to read as follows: (d) Rulemaking \n(1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if— (A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems; including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2302 note); and (B) either— (i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or (ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense. (2) The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a specified type if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section. (3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items.. (b) Modification of independent assessment of printed circuit boards \nSection 841(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1)— (A) by striking the date of enactment of this Act and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; (B) by striking shall seek to enter and inserting shall enter ; (C) by striking to include printed circuit boards in commercial products or services, or in and inserting to include printed circuit boards in other commercial or ; and (D) by striking the scope of mission critical and all that follows through the period at the end and inserting types of systems, other than defense security systems (as defined in section 2533d(c) of title 10, United States Code), that should be subject to the prohibition in section 2533d(a) of title 10, United States Code. ; (2) in the heading for paragraph (2), by striking department of defense and inserting Department of Defense ; (3) in paragraph (2), by striking one year after entering into the contract described in paragraph (1) and inserting January 1, 2023 ; (4) in the heading for paragraph (3), by striking congress and inserting Congress ; and (5) in paragraph (3), by inserting after the recommendations of the report. the following: The Secretary shall use the report to determine whether any systems, other than defense security systems (as defined in section 2533d(c) of title 10, United States Code), or other types of printed circuit boards should be subject to the prohibition in section 2533d(a) of title 10, United States Code..", "id": "HFF5CBD2C348149E4846BEA82639ED4BE", "header": "Modifications to printed circuit board acquisition restrictions" }, { "text": "852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries \nSection 851 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1510; 10 U.S.C. 2283 note) is amended to read as follows: 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries \n(a) Establishment \nThe Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces. (b) Funds \n(1) In general \nThe funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act ( 15 U.S.C. 638(f) ). (2) Limitations \n(A) Fiscal year \nA covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to such section 9(f) for a fiscal year. (B) Aggregate amount \nThe aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000. (c) Partnership intermediaries \n(1) Authorization \nThe Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns. (2) Limitation \nNone of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program. (3) Data \nWith respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the— (A) staffing structure; (B) funding sources; and (C) methods for identifying and evaluating small business concerns eligible for a covered award. (d) Report \n(1) Annual report \nNot later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including— (A) a description of each agreement with a partnership intermediary entered into pursuant to this section; (B) for each covered award made under this section— (i) a description of the role served by the partnership intermediary; (ii) the amount of funds obligated; (iii) an identification of the small business concern that received such covered award; (iv) a description of the use of such covered award; (v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and (vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and (C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces. (2) Final report \nThe final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding— (A) whether and for how long the pilot program established under this section should be extended; and (B) whether to increase funding for the pilot program, including a justification for such an increase. (e) Termination \nThe authority to carry out a pilot program under this section shall terminate on September 30, 2025. (f) Definitions \nIn this section: (1) The term covered award means an award made under the Small Business Innovation Research Program. (2) The term covered entity means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; (E) the Space Force; and (F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program. (3) The term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3715(c) ). (4) The term small business concern has the meaning given the term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (5) The term Small Business Innovation Research Program has the meaning given the term in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (6) The term technology-enhanced capability means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission..", "id": "H5567CC66B2DD4F16806B2A8F06A413B4", "header": "Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries" }, { "text": "851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries \n(a) Establishment \nThe Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces. (b) Funds \n(1) In general \nThe funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act ( 15 U.S.C. 638(f) ). (2) Limitations \n(A) Fiscal year \nA covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to such section 9(f) for a fiscal year. (B) Aggregate amount \nThe aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000. (c) Partnership intermediaries \n(1) Authorization \nThe Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns. (2) Limitation \nNone of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program. (3) Data \nWith respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the— (A) staffing structure; (B) funding sources; and (C) methods for identifying and evaluating small business concerns eligible for a covered award. (d) Report \n(1) Annual report \nNot later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including— (A) a description of each agreement with a partnership intermediary entered into pursuant to this section; (B) for each covered award made under this section— (i) a description of the role served by the partnership intermediary; (ii) the amount of funds obligated; (iii) an identification of the small business concern that received such covered award; (iv) a description of the use of such covered award; (v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and (vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and (C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces. (2) Final report \nThe final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding— (A) whether and for how long the pilot program established under this section should be extended; and (B) whether to increase funding for the pilot program, including a justification for such an increase. (e) Termination \nThe authority to carry out a pilot program under this section shall terminate on September 30, 2025. (f) Definitions \nIn this section: (1) The term covered award means an award made under the Small Business Innovation Research Program. (2) The term covered entity means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; (E) the Space Force; and (F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program. (3) The term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3715(c) ). (4) The term small business concern has the meaning given the term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (5) The term Small Business Innovation Research Program has the meaning given the term in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (6) The term technology-enhanced capability means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.", "id": "H283DDBB8176647E28083885F2C46E578", "header": "Pilot program for development of technology-enhanced capabilities with partnership intermediaries" }, { "text": "853. Additional testing of commercial e-commerce portal models \nSection 846(c) of the National Defense Authorization Act for Fiscal Year 2018 ( 41 U.S.C. 1901 note) is amended by adding at the end the following new paragraphs: (5) Additional testing \nNot later than 180 days after the date of the enactment of this paragraph, the Administrator shall— (A) begin testing commercial e-commerce portal models (other than any such model selected for the initial proof of concept) identified pursuant to paragraph (2); and (B) submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes— (i) a summary of the assessments conducted under paragraph (2) with respect to a commercial e-commerce portal model identified pursuant to such paragraph; (ii) a list of the types of commercial products that could be procured using models tested pursuant to subparagraph (A); (iii) an estimate of the amount that could be spent by the head of a department or agency under the program, disaggregated by type of commercial e-commerce portal model; and (iv) an update on the models tested pursuant to subparagraph (A) and a timeline for completion of such testing. (6) Report \nUpon completion of testing conducted under paragraph (5) and before taking any action with respect to the commercial e-commerce portal models tested, the Administrator of General Services shall submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of such testing that includes— (A) an assessment and comparison of commercial e-commerce portal models with respect to— (i) price and quality of the commercial products supplied by each commercial e-commerce portal model; (ii) supplier reliability and service; (iii) safeguards for the security of Government information and third-party supplier proprietary information; (iv) protections against counterfeit commercial products; (v) supply chain risks, particularly with respect to complex commercial products; and (vi) overall adherence to Federal procurement rules and policies; and (B) an analysis of the costs and benefits of the convenience to the Federal Government of procuring commercial products from each such commercial e-commerce portal model..", "id": "HA5DD3B0037AA4EF0B2604510498D25E6", "header": "Additional testing of commercial e-commerce portal models" }, { "text": "854. Requirement for industry days and requests for information to be open to allied defense contractors \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, each service acquisition executive shall implement a requirement that industry days and requests for information regarding acquisition programs and research and development efforts of the Department of Defense shall, to the maximum extent practicable, be open to defense contractors of the national technology and industrial base, including when such contractors are acting as subcontractors in partnership with a United States contractor, provided such access is granted only if the Secretary of Defense or the relevant Secretary concerned determines that there is reciprocal access for United States companies to equivalent information related to contracting opportunities in the associated country that is part of the national technology and industrial base. (b) Definitions \nIn this section: (1) National technology and industrial base \nThe term national technology and industrial base has the meaning given the term in section 2500 of title 10, United States Code. (2) Secretary concerned; service acquisition executive \nThe terms Secretary concerned and service acquisition executive have the meanings given such terms in section 101(a) of title 10, United States Code.", "id": "H05265E23B29D4D0999DF08D9B02036AE", "header": "Requirement for industry days and requests for information to be open to allied defense contractors" }, { "text": "855. Employment transparency regarding individuals who perform work in the People’s Republic of China \n(a) Disclosure requirements \n(1) Initial disclosures \nThe Secretary of Defense shall require each covered entity to disclose to the Secretary of Defense if the entity employs one or more individuals who will perform work in the People’s Republic of China on a covered contract when the entity submits a bid or proposal for such covered contract, except that such disclosure shall not be required to the extent that the Secretary determines that such disclosure would not be in the interest of national security. (2) Recurring disclosures \nFor each of fiscal years 2023 and 2024, the Secretary of Defense shall require each covered entity that is a party to one or more covered contracts in the fiscal year to disclose to the Secretary if the entity employs one or more individuals who perform work in the People’s Republic of China on any such contract. (3) Matters to be included \nIf a covered entity required to make a disclosure under paragraph (1) or (2) employs any individual who will perform work in the People’s Republic of China on a covered contract, such disclosure shall include— (A) the total number of such individuals who will perform work in the People’s Republic of China on the covered contracts funded by the Department of Defense; and (B) a description of the physical presence in the People’s Republic of China where work on the covered contract will be performed. (b) Funding for covered entities \nThe Secretary of Defense may not award a covered contract to, or renew a covered contract with, a covered entity unless such covered entity has submitted each disclosure such covered entity is required to submit under subsection (a). (c) Semi-annual briefing \nBeginning on January 1, 2023, the Secretary of Defense shall provide to the congressional defense committees semi-annual briefings that summarize the disclosures received by the Department over the previous 180 days pursuant to this section, and such briefings may be classified. (d) Definitions \nIn this section: (1) Covered contract \nThe term covered contract means any Department of Defense contract or subcontract with a value in excess of $5,000,000, excluding contracts for commercial products or services. (2) Covered entity \nThe term covered entity means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity, including any subsidiary thereof, performing work on a covered contract in the People’s Republic of China, including by leasing or owning real property used in the performance of the covered contract in the People’s Republic of China. (e) Effective date \nThis section shall take effect on July 1, 2022.", "id": "H5AD64D0F1FA04505AFCB2AD45B0C38E9", "header": "Employment transparency regarding individuals who perform work in the People’s Republic of China" }, { "text": "856. Briefing on compliance with contractor lobbying restrictions \n(a) Briefing required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees with a briefing on the progress of the Department in ensuring compliance with the requirements of section 1045 of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 971 note prec; Public Law 115–91 ; 131 Stat. 155). (b) Elements \nThe briefing required in paragraph (a) shall include— (1) the number, title, and status of any open Defense Federal Acquisition Regulation Supplement case relating to such section; (2) the timeline for closing any such Defense Federal Acquisition Regulation Supplement case; and (3) other related matters the Secretary deems appropriate.", "id": "HF72A93F9A94A466285A41D985179BDC6", "header": "Briefing on compliance with contractor lobbying restrictions" }, { "text": "857. Congressional oversight of personnel and contracts of private security contractors \n(a) Report on actions taken to implement Government Accountability Office recommendations \nNot later than October 1, 2022, the Secretary of Defense, in consultation with each Secretary of a military department (as defined in section 101 of title 10, United States Code), shall submit to the congressional defense committees a report on the efforts and plans of the Department of Defense to implement the recommendations contained in the report of the Government Accountability Office titled Private Security Contractors: DOD Needs to Better Identify and Monitor Personnel and Contracts (GAO–21–255), dated July 29, 2021. (b) Contents \nThe report required by subsection (a) shall include— (1) a summary of the actions planned or taken by the Secretary of Defense to implement the recommendations in the report of the Government Accountability Office described in such subsection; and (2) a schedule for completing the implementation of each such recommendation, including specific milestones for such implementation. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.", "id": "H319E52AB303446ACA71E14EEEFF919A7", "header": "Congressional oversight of personnel and contracts of private security contractors" }, { "text": "861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold \n(a) In general \nSection 1908(b)(2) of title 41, United States Code, is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.. (b) Technical amendment \nSection 1908(d) of such title is amended by striking the period at the end.", "id": "H9F0E6A1FA4AB40A7A9F8542A9A365404", "header": "Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold" }, { "text": "862. Modification to the pilot program for streamlining awards for innovative technology projects \n(a) Extension \nSubsection (f) of section 873 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2306a note) is amended by striking October 1, 2022 and inserting October 1, 2024. (b) Data collection \nThe Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under such section 873 for the purposes of— (1) developing and sharing best practices; and (2) providing information to the Secretary of Defense and Congress on the use of authority under such section 873 and related policy issues. (c) Recommendation on extension \nNot later than April 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a recommendation regarding a further extension of the pilot program for streamlining awards for innovative technology projects established under such section 873, and if applicable, the duration of any such extension.", "id": "H302800708798441DA3C4BAD6F8181807", "header": "Modification to the pilot program for streamlining awards for innovative technology projects" }, { "text": "863. Protests and appeals relating to eligibility of business concerns \nSection 5(i) of the Small Business Act ( 15 U.S.C. 634(i) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: (4) Determinations regarding status of concerns \n(A) In general \nNot later than 2 days after the date on which a final determination that a business concern does not meet the requirements of the status such concern claims to hold is made, such concern or the Administrator, as applicable, shall update the status of such concern in the System for Award Management (or any successor system). (B) Administrator updates \nIf such concern fails to update the status of such concern as described in subparagraph (A), not later than 2 days after such failure the Administrator shall make such update. (C) Notification \nA concern required to make an update described under subparagraph (A) shall notify a contracting officer for each contract with respect to which such concern has an offer or bid pending of the determination made under subparagraph (A), if the concern finds, in good faith, that such determination affects the eligibility of the concern to perform such a contract..", "id": "H45E1E0661AA748BA8605DD0B51F46856", "header": "Protests and appeals relating to eligibility of business concerns" }, { "text": "864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns \nNot later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue a rule authorizing the Office of Hearings and Appeals of the Administration to decide all appeals from formal protest determinations in connection with the status of a concern as a qualified HUBZone small business concern (as such term is defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ).", "id": "H92442255ED2E4F94A3C7C3620ADA8476", "header": "Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns" }, { "text": "865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program \n(a) In general \nNot later than 10 days after the date on which the budget of the President for fiscal years 2022 through 2032 is submitted to Congress pursuant to section 1105 of title 31, United States Code, each Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on unfunded priorities of the Department of Defense related to high-priority Small Business Innovation Research and Small Business Technology Transfer projects. (b) Elements \n(1) In general \nEach report under subsection (a) shall include identification of not more than five unfunded priority projects and the following information for each such unfunded priority project: (A) A summary description of the unfunded priority project, including the objectives to be achieved if such project were to be funded (either in whole or in part). (B) The additional amount of funds recommended to achieve the objectives identified under subparagraph (A). (C) Account information with respect to such unfunded priority project, including, as applicable, the following: (i) Line item number, in the case of applicable procurement accounts. (ii) Program element number, in the case of applicable research, development, test, and evaluation accounts. (iii) Subactivity group, in the case of applicable operation and maintenance accounts. (2) Priority \nEach Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall ensure that the unfunded priorities covered by a report submitted under subsection (a) are listed in the order of urgency of priority. (c) Definitions \nIn this section: (1) Unfunded priority \nThe term unfunded priority , with respect to a fiscal year, means a specific project related to a project successfully funded under Phase II of the Small Business Innovation Research or Small Business Technology Transfer program that— (A) is not funded in the budget of the President for that fiscal year, as submitted to Congress pursuant to section 1105 of title 31, United States Code; (B) has the potential to— (i) advance the national security capabilities of the United States; (ii) provide new technologies or processes, or new applications of existing technologies or processes, that will enable new alternatives to existing programs; and (iii) provide future cost savings; and (C) would have been recommended for funding through the budget referred to in subparagraph (A) if— (i) additional resources had been available to fund the program, activity, or mission requirement to which the specific project relates; or (ii) the program, activity, or mission requirement for such specific project had emerged before the budget was formulated. (2) Phase II; Small Business Innovation Research; Small Business Technology Transfer \nThe terms Phase II , Small Business Innovation Research , and Small Business Technology Transfer have the meanings given such terms, respectively, in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ).", "id": "H5A4AA2A5D3EA401F85F0E8E2EAE0A95D", "header": "Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program" }, { "text": "866. Report on Cybersecurity Maturity Model Certification effects on small business \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report on the effects of the Cybersecurity Maturity Model Certification framework of the Department of Defense on small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ), including— (1) the estimated costs of complying with each level of the framework based on verified representative samples of actual costs of compliance small business concerns and an explanation of how these costs will be recoverable by such small business concerns; (2) the estimated change in the number of small business concerns that are part of the defense industrial base resulting from the implementation and use of the framework; (3) explanations of how the Department of Defense will— (A) mitigate negative effects to such small business concerns resulting from the implementation and use of the framework; (B) ensure small business concerns are trained on the requirements for passing a third-party assessment, self-assessment, or Government-assessment, as applicable, for compliance with the relevant level of the framework; and (C) work with small business concerns and nontraditional defense contractors (as defined under section 2302 of title 10, United States Code) to enable such concerns and contractors to bid on and win contracts with the Department without first having to risk funds on costly security certifications; and (4) the plan of the Department for conducting oversight of third parties conducting assessments of compliance with the applicable protocols under the framework.", "id": "H9B7B170FBE2B4F298497B105776C8C89", "header": "Report on Cybersecurity Maturity Model Certification effects on small business" }, { "text": "867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards \n(a) Definitions \nIn this section, the terms Phase I , Phase II , Phase III , SBIR , and STTR have the meanings given those terms in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (b) Data on Phase III awards \nEach Secretary of a military department (as defined in section 101 of title 10, United States Code) shall collect and submit to the President for inclusion in each budget submitted to Congress under section 1105 of title 31, United States Code, data on the Phase III awards under the SBIR and STTR programs of the military department of the Secretary for the immediately preceding fiscal year, including— (1) the cumulative funding amount for Phase III awards; (2) the number of Phase III award topics; (3) the total funding obligated for Phase III awards by State; (4) the original Phase I or Phase II award topics and the associated Phase III contracts awarded; (5) where possible, an identification of the specific program executive office involved in each Phase III transition; and (6) a list of the five highest performing projects, as determined by the Secretary.", "id": "H16101B2CCB0E4CF4B70BC71DD7012CD5", "header": "Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards" }, { "text": "871. Mission management pilot program \n(a) In general \nSubject to the availability of appropriations, the Secretary of Defense shall establish a pilot program to identify lessons learned and improved mission outcomes achieved by quickly delivering solutions that fulfill critical operational needs arising from cross-service missions undertaken by combatant commands through the use of a coordinated and iterative approach to develop, evaluate, and transition such solutions. (b) Missions selection \n(1) In general \nExcept as provided in paragraph (3), the Deputy Secretary of Defense shall select missions with respect to which to carry out the pilot program. (2) Selection criteria \nWhen selecting missions under paragraph (1), the Deputy Secretary of Defense shall— (A) select missions with critical cross-service operational needs; and (B) consider— (i) the strategic importance of the critical cross-service operational needs to the operational plans of the relevant combatant commands; and (ii) the advice of key stakeholders, including the Joint Staff, regarding mission selection. (3) Initial mission \n(A) In general \nNot later than four months after the date of the enactment of this section, the Director of the Strategic Capabilities Office shall select the initial mission under the pilot program that has critical cross-service operational needs and which is of strategic importance to the operational plans of the United States Indo-Pacific Command. (B) Responsibility \nThe mission selected under subparagraph (A) shall be established within the Strategic Capabilities Office of the Department of Defense, in coordination with the Office of the Under Secretary of Defense for Research and Engineering. (C) Mission selection approval \nThe mission selected by the Director of the Strategic Capabilities Office under subparagraph (A) shall be subject to the approval of the Technology Cross-Functional Team of the Strategic Capabilities Office that is chaired by the Under Secretary of Defense for Research and Engineering. (c) Mission managers \n(1) In general \nA mission manager shall carry out the pilot program with respect to each mission. (2) Responsibilities \nWith respect to each mission, the relevant mission manager shall— (A) identify critical cross-service, cross-program, and cross-domain operational needs by enumerating the options available to the combatant command responsible for carrying out such mission and determining the resiliency of such options to threats from adversaries; (B) in coordination with the military services and appropriate Defense Agencies and Field Activities, develop and deliver solutions, including software and information technology solutions and other functionalities unaligned with any one weapon system of a covered Armed Service, to— (i) fulfill critical cross-service, cross-program, and cross-domain operational needs; and (ii) address future changes to existing critical cross-service, cross-program, and cross-domain operational needs by providing additional capabilities; (C) work with the combatant command responsible for such mission and the related planning organizers, program managers of a covered Armed Force, and defense research and development activities to carry out iterative testing and support to initial operational fielding of the solutions described in subparagraph (B); (D) conduct research, development, test, evaluation, and transition support activities with respect to the delivery of the solutions described in subparagraph (B); (E) seek to integrate existing, emerging, and new capabilities available to the Department of Defense in the development of the solutions described in subparagraph (B), including by incenting and working with program managers of a covered Armed Force; and (F) provide to the Deputy Secretary of Defense mission management activity updates and reporting on the use of funds under the pilot program with respect to such mission. (3) Appointment \nEach mission selected under subsection (b) shall have a mission manager— (A) appointed at the time of mission approval; and (B) who may be from any suitable organization, except that the mission manager with respect the initial mission under (b)(3) shall be the Director of the Strategic Capabilities Office. (4) Iterative approach \nThe mission manager shall, to the extent practicable, carry out the pilot program with respect to each mission selected under subsection (b) by integrating existing, emerging, and new military capabilities, and managing a portfolio of small, iterative development and support to initial operational fielding efforts. (5) Other program management responsibilities \nThe activities undertaken by the mission manager with respect to a mission, including mission management, do not supersede or replace the program management responsibilities of any other individual that are related to such missions. (d) Data collection requirement \nThe Deputy Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of— (1) developing and sharing best practices for applying emerging technology and supporting new operational concepts to improve outcomes on key military missions and operational challenges; and (2) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues. (e) Assessments \nDuring the five-year period beginning on the date of the enactment of this Act, the Deputy Secretary of Defense shall regularly assess— (1) the authorities required by the mission managers to effectively and efficiently carry out the pilot program with respect to the missions selected under subsection (b); and (2) whether the mission managers have access to sufficient funding to carry out the research, development, test, evaluation, and support to initial operational fielding activities required to deliver solutions fulfilling the critical cross-service, cross-program, and cross-domain operational needs of the missions. (f) Briefings \n(1) Semiannual briefing \n(A) In general \nNot later than July 1, 2022, and every six months thereafter until the date that is five years after the date of the enactment of this Act, the mission manager shall provide to the congressional defense committees a briefing on the progress of the pilot program with respect to each mission selected under subsection (b), the anticipated mission outcomes, and the funds used to carry out the pilot program with respect to such mission. (B) Initial briefing \nThe Deputy Secretary of Defense shall include in the first briefing submitted under subparagraph (A) a briefing on the implementation of the pilot program, including— (i) the actions taken to implement the pilot program; (ii) an assessment of the pilot program; (iii) requests for Congress to provide authorities required to successfully carry out the pilot program; and (iv) a description of the data plan required under subsection (d). (2) Annual briefing \nNot later than one year after the date on which the pilot program is established, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a briefing on the pilot program, including— (A) the data collected and analysis performed under subsection (d); (B) lessons learned; (C) the priorities for future activities of the pilot program; and (D) such other information as the Deputy Secretary determines appropriate. (3) Recommendation \nNot later than two years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to Congress a briefing on the recommendations of the Deputy Secretary with respect to the pilot program and shall concurrently submit to Congress— (A) a written assessment of the pilot program; (B) a written recommendation on continuing or expanding the mission integration pilot program; (C) requests for Congress to provide authorities required to successfully carry out the pilot program; and (D) the data collected and analysis performed under subsection (d). (g) Transition \nBeginning in fiscal year 2025, the Deputy Secretary of Defense may transition responsibilities for research, development, test, evaluation, and support to initial operational fielding activities started under the pilot program to other elements of the Department for purposes of delivering solutions fulfilling critical cross-service, cross-program, and cross-domain operational needs. (h) Termination date \nThe pilot program shall terminate on the date that is five years after the date of the enactment of this Act. (i) Rule of construction \nNothing in this section shall be construed as providing any authority not otherwise provided by law to procure, or enter agreements to procure, any goods, materials, or services. (j) Definitions \nIn this section: (1) Covered armed force \nThe term covered Armed Force means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; or (E) the Space Force. (2) Cross-functional teams of the strategic capabilities office \nThe term Cross-Functional Teams of the Strategic Capabilities Office means the teams established in the Strategic Capabilities Office of the Department of Defense pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1277; 10 U.S.C. 132 note). (3) Cross-service \nThe term cross-service means pertaining to multiple covered Armed Forces. (4) Cross-domain \nThe term cross-domain means pertaining to multiple operational domains of land, maritime, air, space, and cyberspace. (4) Cross-service operational need \nThe term cross-service operational need means an operational need arising from a mission undertaken by a combatant command which involves multiple covered Armed Forces. (5) Defense agency; military department \nThe terms Defense Agency and military department have the meanings given such terms in section 101(a) of title 10, United States Code. (6) Field activity \nThe term Field Activity has the meaning given the term Department of Defense Field Activity in section 101(a) of title 10, United States Code. (7) Mission management \nThe term mission management means the integration of materiel, digital, and operational elements to improve defensive and offensive options and outcomes for a specific mission or operational challenge. (8) Pilot program \nThe term pilot program means the pilot program established under subsection (a).", "id": "H0582E226DF294D3EAE062D0825978B6F", "header": "Mission management pilot program" }, { "text": "872. Establishment of mission-oriented pilot programs to close significant capabilities gaps \n(a) In general \nThe Secretary of Defense shall establish, within the Strategic Capabilities Office of the Office of the Secretary of Defense, not fewer than two mission-oriented integration pilot programs with the objective of closing significant capabilities gaps by developing and implementing capabilities and by synchronizing and integrating missions across covered Armed Forces and Defense Agencies. (b) Elements \nThe pilot programs established under subsection (a) shall— (1) seek to address specific outstanding operational challenges of high importance to the operational plans of the United States Indo-Pacific Command and the United States European Command; (2) be designed to leverage industry cost sharing by using sources such as private equity and venture capital funding to develop technologies and overall capabilities that resolve significant capability gaps for delivery to the Department of Defense, as a product or as a service; (3) not later than three years after the date on which the pilot program commences, demonstrate the efficacy of the solutions being developed under the pilot program; (4) deliver an operational capability not later than five years after the pilot program commences; (5) provide an operationally relevant solution for— (A) (i) maintaining resilient aircraft operations in and around Guam in the face of evolving regional threats, including large salvo supersonic and hypersonic missile threats; or (ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command or the United States European Command; and (B) (i) providing a resilient logistic and resupply capability in the face of evolving regional threats, including operations within an anti-access-area denial environment; or (ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command; and (6) incorporate— (A) existing and planned Department of Defense systems and capabilities to achieve mission objectives; and (B) to the extent practicable, technologies that have military applications and the potential for nonmilitary applications. (c) Role of strategic capabilities office \n(1) In general \nWith respect to the pilot programs established under subsection (a), the Director of the Strategic Capabilities Office, in consultation with the Under Secretary of Defense for Research and Engineering, shall— (A) assign mission managers or program managers— (i) to coordinate and collaborate with entities awarded contracts or agreements under the pilot program, parties to cost sharing agreements for such awarded contracts or agreements, combatant commands, and military departments to define mission requirements and solutions; and (ii) to coordinate and monitor pilot program implementation; (B) provide technical assistance for pilot program activities, including developing and implementing metrics, which shall be used— (i) to assess each operational challenge such pilot programs are addressing; and (ii) to characterize the resilience of solutions being developed under the pilot programs to known threats and single points of failure; (C) provide operational use case expertise to the entities awarded contracts or agreements under the pilot program and parties to cost sharing agreements for such awarded contracts or agreements; (D) serve as the liaison between the Armed Forces, the combatant commanders, and the participants in the pilot programs; and (E) use flexible acquisition practices and authorities, including— (i) the authorities under section 2371 and 2371b of title 10, United States Code; (ii) payments for demonstrated progress; (iii) authorities under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ); and (iv) other acquisition practices that support efficient and effective access to emerging technologies and capabilities, including technologies and capabilities from companies funded with private investment. (2) Reports to congress \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of the Strategic Capabilities Office shall submit to the congressional defense committees a report on the pilot programs. (d) Additional authorities \nThe Secretary of Defense shall assess authorities required for such mission managers and program managers to effectively and efficiently fulfill their responsibilities under the pilot programs, including the delegation of personnel hiring and contracting authorities. (e) Data \nThe Secretary of Defense shall establish mechanisms to collect and analyze data on the implementation of the pilot programs for the purposes of— (1) developing and sharing best practices for achieving goals established for the pilot programs; and (2) providing information to the Secretary and the congressional defense committees on— (A) the implementation of the pilot programs; and (B) related policy issues. (f) Recommendations \nNot later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a recommendation with respect to continuing or expanding the pilot program. (g) Transition of pilot program responsibilities \nBeginning in fiscal year 2025, the Secretary may transition the responsibility for the pilot programs to another organization. (h) Definitions \nIn this section: (1) Covered Armed Force \nThe term covered Armed Force means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; or (E) the Space Force. (2) Defense Agency \nThe term Defense Agency has the meaning given such term in section 101(a) of title 10, United States Code. (3) Mission manager \nThe term mission manager means an individual that, with respect to a mission under a pilot program established under subsection (a), shall have the responsibilities described in subparagraphs (B) through (F) of section 871(c)(2) of this Act.", "id": "HBE634D037A7D4B918EA56DEC15BD5F4F", "header": "Establishment of mission-oriented pilot programs to close significant capabilities gaps" }, { "text": "873. Independent study on acquisition practices and policies \n(a) Study required \nNot later than March 30, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center under which such center shall conduct a study on the acquisition practices and policies described in subsection (b). (b) Study elements \nThe study required under subsection (a) shall identify the knowledge and tools needed for the acquisition workforce of the Department of Defense to— (1) engage in acquisition planning practices that assess the cost, resource, and energy preservation differences resulting from selecting environmentally preferable goods or services when identifying requirements or drafting statements of work; (2) engage in acquisition planning practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including— (A) technical specifications that establish performance levels for goods and services to diminish greenhouse gas emissions; (B) statements of work or specifications restricted to environmentally preferable goods or services where the quality, availability, and price is comparable to traditional goods or services; (C) engaging in public-private partnerships to design, build, and fund resilient, low-carbon infrastructure; (D) collaborating with local jurisdictions surrounding military installations, with a focus on reducing environmental costs; and (E) technical specifications that consider risk to supply chains from extreme weather and changes in environmental conditions; (3) employ source selection practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including— (A) considering resilience, low-carbon, or low-toxicity criteria as competition factors on the basis of which the award is made in addition to cost, past performance, and quality factors; (B) using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency; (C) evaluating the veracity of certifications and labels purporting to convey information about the environmental impact of a good or service; and (D) considering the costs of a good or service that will be incurred throughout its lifetime, including operating costs, maintenance, end of life costs, and residual value, including costs resulting from the carbon dioxide and other greenhouse gas emissions associated with the good or service; and (4) consider external effects, including economic, environmental, and social, arising over the entire life cycle of an acquisition when making acquisition planning and source selection decisions. (c) Submission to Department of Defense \nNot later than one year after the date of the enactment of this Act, the federally funded research and development center that conducts the study under subsection (a) shall submit to the Secretary of Defense a report on the results of the study in an unclassified form but may include a classified annex. (d) Submission to Congress \nNot later than 30 days after the date on which the Secretary of Defense receives the report under subsection (c), the Secretary shall submit to the congressional defense committees an unaltered copy along with any comments the Secretary may have with respect to the report. (e) Definitions \nIn this section: (1) The term environmentally preferable , with respect to a good or service, means that the good or service has a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose or achieve the same or substantially similar result. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the good or service. (2) The term resource-efficient goods and services means goods and services— (A) that use fewer resources than competing goods and services to serve the same purposes or achieve the same or substantially similar result as such competing goods and services; and (B) for which the negative environmental impacts across the full life cycle of such goods and services are minimized.", "id": "H91673E329F594F68B3015E75C0CB3C26", "header": "Independent study on acquisition practices and policies" }, { "text": "874. Pilot program to incentivize contracting with employee-owned businesses \n(a) Qualified business wholly-owned through an Employee Stock Ownership Plan defined \nThe term qualified businesses wholly-owned through an Employee Stock Ownership Plan means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of such Code). (b) Pilot program to Use Noncompetitive Procedures for certain follow-on contracts to Qualified Businesses Wholly-Owned Through an Employee Stock Ownership Plan \n(1) Establishment \nThe Secretary of Defense may establish a pilot program to carry out the requirements of this section. (2) Follow-on contracts \nNotwithstanding the requirements of section 2304 of title 10, United States Code, and with respect to a follow-on contract for the continued development, production, or provision of products or services that are the same as or substantially similar to the products or services procured by the Department of Defense under a prior contract held by a qualified business wholly-owned through an Employee Stock Ownership Plan, the products or services to be procured under the follow-on contract may be procured by the Department of Defense through procedures other than competitive procedures if the performance of the qualified business wholly-owned through an Employee Stock Ownership Plan on the prior contract was rated as satisfactory (or the equivalent) or better in the applicable past performance database. (3) Limitation \nA qualified business wholly-owned through an Employee Stock Ownership Plan may have a single opportunity for award of a sole-source follow-on contract under this section, unless a senior contracting official (as defined in section 1737 of title 10, United States Code) approves a waiver of the requirements of this section. (c) Verification and reporting of qualified businesses wholly-owned through an employee stock ownership plan \nUnder a pilot program established under this section, the Secretary of Defense shall establish procedures— (1) for businesses to verify status as a qualified businesses wholly-owned through an Employee Stock Ownership Plan for the purposes of this section by using existing Federal reporting mechanisms; (2) for a qualified businesses wholly-owned through an Employee Stock Ownership Plan to certify that not more than 50 percent of the amount paid under the contract will be expended on subcontracts, subject to such necessary and reasonable waivers as the Secretary may prescribe; and (3) to record information on each follow-on contract awarded under subsection (b), including details relevant to the nature of such contract and the qualified business wholly-owned through an Employee Stock Ownership Plan that received such contract, and to provide such information to the Comptroller General of the United States. (d) Data \n(1) In general \nIf the Secretary of Defense establishes a pilot program under this section, the Secretary shall establish mechanisms to collect and analyze data on the pilot program for the purposes of— (A) developing and sharing best practices relating to the pilot program; (B) providing information to leadership and the congressional defense committees on the pilot program, including with respect to each qualified business wholly-owned through an Employee Stock Ownership Plan that received a follow-on contract under this section— (i) the size of such business; (ii) performance of the follow-on contract; and (iii) other information as determined necessary; and (C) providing information to leadership and the congressional defense committees on policy issues related to the pilot program. (2) Limitation \nThe Secretary of Defense may not carry out the pilot program under this section before— (A) completing a data collection and reporting strategy and plan to meet the requirements of this subsection; and (B) submitting the strategy and plan to the congressional defense committees. (e) Sunset \nAny pilot program established under this section shall expire on the date that is five years after the date of the enactment of this Act. (f) Comptroller General report \n(1) In general \nNot later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on any individual and aggregate uses of the authority under a pilot program established under this section. (2) Elements \nThe report under paragraph (1) shall include the following elements: (A) An assessment of the frequency and nature of the use of the authority under the pilot program. (B) An assessment of the impact of the pilot program in supporting the national defense strategy required under section 113(g) of title 10, United States Code. (C) The number of businesses that became qualified businesses wholly-owned through an Employee Stock Ownership Plan in order to benefit from the pilot program and the factors that influenced that decision. (D) Acquisition authorities that could incentivize businesses to become qualified businesses wholly-owned through an Employee Stock Ownership Plan, including an extension of the pilot program. (E) Any related matters the Comptroller General considers appropriate.", "id": "HF2EBEC82512344CE89BB2ED6C647B156", "header": "Pilot program to incentivize contracting with employee-owned businesses" }, { "text": "875. Guidance, training, and report on place of performance contract requirements \n(a) Guidance and training \nNot later than July 1, 2022, the Secretary of Defense shall— (1) issue guidance on covered contracts to ensure that, to the maximum extent practicable, the terms of such covered contract avoid specifying an unnecessarily restrictive place of performance for such covered contract; and (2) implement any necessary training for appropriate individuals relating to the guidance required under paragraph (1). (b) Report \n(1) In general \nNot later than July 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on covered contracts. (2) Elements \nThe report required under paragraph (1) shall include the following elements: (A) A description of the criteria that is considered when the Secretary specifies a particular place of performance in a covered contract. (B) The number of covered contracts awarded during each of fiscal years 2016 through 2020. (C) An assessment of the extent to which revisions to guidance or regulations related to the use of covered contracts could improve the effectiveness and efficiency of the Department of Defense, including a description of such revisions. (c) Covered contract defined \nIn this section, the term covered contract means a contract for which the Secretary of Defense specifies the place of performance for such contract.", "id": "H6B0BC74A59D44A4FB040F62A7D57FCBA", "header": "Guidance, training, and report on place of performance contract requirements" }, { "text": "876. Notification of certain intergovernmental support agreements \n(a) Notification required \nDuring fiscal years 2022 and 2023, not less than 60 days before entering into an intergovernmental support agreement under section 2679 of title 10, United States Code, that is an exception to the requirements of chapter 85 of title 41, United States Code, the Secretary concerned shall submit, in writing, to the congressional defense committees a report including the following relating to such agreement: (1) The circumstances that resulted in the need to enter into an intergovernmental support agreement that included such exception. (2) The anticipated benefits of entering into such agreement that included such exception. (3) The anticipated impact on persons covered under such chapter 85 because of such exception. (4) The extent to which such agreement complies with applicable policies, directives, or other guidance of the Department of Defense. (b) Recommendations \n(1) In general \nThe Secretary of Defense shall submit to the congressional defense committees, along with the budget request materials for fiscal year 2023, specific recommendations for modifications to the legislative text of subsection (a)(1) of section 2679 of title 10, United States Code, along with a rationale for any such modifications, to identify specific provisions of Federal contracting law appropriate for waiver or exemption to ensure effective use of intergovernmental support agreements under such section. (2) Budget request materials defined \nIn this subsection, the term budget request materials means the materials submitted to Congress by the President under section 1105(a) of title 31, United States Code. (c) Briefing required \nNot later than 6 months after the date of enactment of this Act the Secretary of Defense shall provide to the congressional defense committees a briefing on activities taken to carry out the requirements of this section. (d) Policy required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to clarify the use of the authority under section 2679 of title 10, United States Code, including with respect to— (1) the application of other requirements of acquisition law and policy; and (2) chapter 85 of title 41, United States Code. (e) Secretary concerned defined \nIn this section, the term Secretary concerned means— (1) the Secretary of the Army, with respect to matters concerning the Army; (2) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and (3) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force.", "id": "H17347FE69BF34089A00099A971C6A0F8", "header": "Notification of certain intergovernmental support agreements" }, { "text": "877. Report on requests for equitable adjustment in Department of the Navy \n(a) Report required \nNot later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report describing in detail the processing of requests for equitable adjustment by the Department of the Navy between October 1, 2011, and the date of the enactment of this Act, including progress by components within the Department of the Navy in complying with the covered directive. (b) Contents \nThe report required under subsection (a) shall include, at a minimum, the following: (1) The number of requests for equitable adjustment submitted between October 1, 2011, and the date of the enactment of this Act. (2) The components within the Department of the Navy to which each such request was submitted. (3) The number of requests for equitable adjustment outstanding as of the date of the enactment of this Act. (4) The number of requests for equitable adjustment settled but not paid as of the date of the enactment of this Act, including a description of why each such request has not been paid. (5) A detailed explanation of the efforts by the Secretary of the Navy to ensure compliance of components within the Department of the Navy with the covered directive. (c) Covered directive defined \nIn this section, the term covered directive means the directive of the Assistant Secretary of the Navy for Research, Development, and Acquisition, dated March 20, 2020, and titled (Intent and Direction) Withholds and Retentions During COVID-19 requiring— (1) payment to contractors of all settled requests for equitable adjustment; and (2) the expeditious resolution of all outstanding requests for equitable adjustment.", "id": "HAC74CE3313914FCBAE7E3DD89B52E540", "header": "Report on requests for equitable adjustment in Department of the Navy" }, { "text": "878. Military standards for armor materials in vehicle specifications \n(a) In general \nNot later than June 30, 2022, the Secretary of the Army shall establish technical specification standards for all metal and non-metal armor for incorporation into specifications for current and future armored vehicles developed or procured by the Department of the Army. (b) Report required \n(1) In general \nOn the date on which the standards described in subsection (a) are established under such subsection, the Secretary of the Army shall submit to the congressional defense committees a report describing— (A) the establishment of such standards; and (B) the strategy for incorporating such standards as requirements for armored vehicles developed and procured by the Department of the Army. (2) Form \nThe report required by paragraph (1) shall be in an unclassified form, but may include a classified annex. (c) Armored vehicle defined \nFor purposes of this section, the term armored vehicle means a tracked or wheeled tactical vehicle incorporating armor in its manufacture.", "id": "H06BB05986CC74D12AF0E4CBADDD5953A", "header": "Military standards for armor materials in vehicle specifications" }, { "text": "901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions \n(a) Secretary of Defense \nSubsection (a) of section 113 of title 10, United States Code, is amended to read as follows: (a) (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.. (b) Assistant Secretary of Defense for special operations and low intensity conflict \nSection 138(b)(2)(A) of title 10, United States Code, is amended by inserting after the third sentence the following: A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.. (c) Secretary of the Army \nSection 7013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (d) Secretary of the Navy \nSection 8013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (e) Secretary of the Air Force \nSection 9013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (f) Technical corrections relating to other positions \n(1) Under Secretary of Defense (Comptroller) \nSection 135(a)(1) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (2) Under Secretary of Defense for personnel and readiness \nSection 136(a) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (3) Under Secretary of Defense for intelligence and security \nSection 137(a) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (g) Applicability \nThe amendments made by subsections (a) through (e) shall apply with respect to appointments made on or after the date of the enactment of this Act.", "id": "H90CA031471CE4CCAA4583E239B5A53E3", "header": "Change in eligibility requirements for appointment to certain Department of Defense leadership positions" }, { "text": "902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity \n(a) Treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity \n(1) Transfer to chapter 8 \nSection 146 of title 10, United States Code, is transferred to subchapter I of chapter 8 of such title, inserted after section 197, and redesignated as section 198. (2) Treatment as Department of Defense Field Activity \nSection 198(a) of such title, as transferred and redesignated by subsection (a) of this subsection, is amended— (A) by striking in the Office of the Secretary of Defense an office to be known as the and inserting in the Department of Defense an ; and (B) by adding at the end the following: The Secretary shall designate the Office as a Department of Defense Field Activity pursuant to section 191, effective as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).. (3) Appointment of Director \nSuch section 198 is further amended— (A) in subsection (b) in the matter preceding paragraph (1), by striking Under Secretary of Defense for Acquisition and Sustainment and inserting Secretary of Defense ; and (B) in subsection (c)(4), by striking Under Secretary of Defense for Acquisition and Sustainment and inserting Secretary. (4) Clerical amendments \n(A) Chapter 4 \nThe table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 146. (B) Chapter 8 \nThe table of sections at the beginning of subtitle I of chapter 8 of such title is amended by inserting after the item relating to section 197 the following new item: 198. Office of Local Defense Community Cooperation.. (b) Limitation on involuntary separation of personnel \nNo personnel of the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)), may be involuntarily separated from service with that Office during the one-year period beginning on the date of the enactment of this Act, except for cause. (c) Administration of programs \nAny program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall be administered by the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)). (d) Conforming repeal \nSection 905 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is repealed.", "id": "H1F182F3FE8F741469C20A37329EE5CF2", "header": "Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity" }, { "text": "903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council \n(a) In general \nSection 181 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and (B) by inserting after paragraph (1) the following new paragraph: (2) increasing awareness of global trends, threats, and adversary capabilities to address gaps in joint military capabilities and validate joint requirements developed by the military departments; ; and (2) in subsection (d)(1)(D), by striking the period at the end and inserting the following: who shall serve as the Chief Technical Advisor to the Council and— (i) shall provide assistance in evaluating the technical feasibility of requirements under development; and (ii) shall identify options for expanding or generating new requirements based on opportunities provided by new or emerging technologies.. (b) Independent study \n(1) Study required \nThe Secretary of Defense shall enter into an agreement with a covered entity to conduct an independent study assessing the role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. (2) Elements \nThe study required by paragraph (1) shall include the following: (A) The current role and contribution of the Under Secretary of Defense for Research and Engineering to the Joint Requirements Oversight Council. (B) The extent to which the role of the Under Secretary on the Joint Requirements Oversight Council should be adjusted to further maximize Council outcomes as well as the additional resources, if any, such adjustments would require. (C) The extent to which the Under Secretary of Defense should provide additional views and recommendations on Joint Requirements Oversight Council preparations, deliberations, and outcomes. (D) Such other matters as the Secretary of Defense determines to be appropriate (3) Submission to Congress \nNot later than December 31, 2022, the Secretary shall submit to the congressional defense committees the results of the study required by paragraph (1). (4) Form \nThe study required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (5) Covered entity defined \nIn this subsection, the term covered entity means— (A) a federally funded research and development center; or (B) an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs. (c) Report on the role of the Under Secretary of Defense for Research and Engineering in the Joint Requirements Oversight Council \n(1) In general \nNot later than March 1, 2023, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a report on the recommendations of the Secretary of Defense on the extent to which adjustments to the role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council are warranted. The report shall include— (A) consideration of the findings of the study required by subsection (b); (B) the rationale for recommendations of the Secretary of Defense; and (C) a description of additional resources that may be required to support those recommendations. (2) Additional input \nThe report may also include input from each member or advisor of the Joint Requirements Oversight Council.", "id": "HC48C8D0079EB43AFABFE2F24B9B209A2", "header": "Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council" }, { "text": "904. Implementation of repeal of Chief Management Officer of the Department of Defense \nSection 901(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking , except that any officer or employee so designated may not be an individual who served as the Chief Management Officer before the date of the enactment of this Act.", "id": "HFFE89F4FF5B74A12AD809F7179C0FDB0", "header": "Implementation of repeal of Chief Management Officer of the Department of Defense" }, { "text": "905. Space Force organizational matters and modification of certain space-related acquisition authorities \n(a) Implementation date for Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs \n(1) Implementation date \nSection 957 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended— (A) in subsection (a), by striking Effective October 1, 2022, there shall be and inserting Effective on the date specified in subsection (d), there shall be ; (B) in subsection (b)— (i) in paragraph (1), by striking Effective as of October 1, 2022, and inserting Effective as of the date specified in subsection (d) ; and (ii) in paragraph (2), by striking as of October 1, 2022, and inserting as of the date specified in subsection (d) ; (C) in subsection (c)(3), by striking October 1, 2022 and inserting the date specified in subsection (d) ; and (D) by adding at the end the following new subsection: (d) Date specified \nThe date specified in this subsection is a date determined by the Secretary of the Air Force that is not later than October 1, 2022.. (2) Conforming amendments \n(A) Transfer of acquisition projects for space systems and programs \nSection 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended— (i) by striking Effective October 1, 2022, and inserting Effective on the date specified in section 957(d), ; and (ii) by striking as of September 30, 2022 and inserting as of the day before the date specified in section 957(d). (B) Responsibilities of Assistant Secretary of the Air Force for Space Acquisition and Integration \nSection 9016(b)(6)(B)(vi) of title 10, United States Code, is amended by striking Effective as of October 1, 2022, in accordance with section 957 of that Act, and inserting Effective as of the date specified in section 957(d) of such Act, and in accordance with such section 957,. (b) Senior procurement executive authorities \n(1) Office of the Secretary of the Air Force \nSection 9014(c) of title 10, United States Code, is amended— (A) in paragraph (2), by striking The Secretary of the Air Force shall and inserting Subject to paragraph (6), the Secretary of the Air Force shall ; and (B) by inserting after paragraph (5) the following new paragraph: (6) Notwithstanding section 1702 of title 41, the Secretary of the Air Force may assign to the Assistant Secretary of the Air Force for Space Acquisition and Integration duties and authorities of the senior procurement executive that pertain to space systems and programs.. (2) Assistant Secretaries of the Air Force \nSection 9016(b)(6)(B)(vi) of title 10, United States Code, as amended by subsection (a)(2)(B) of this section, is further amended by inserting and discharge any senior procurement executive duties and authorities assigned by the Secretary of the Air Force pursuant to section 9014(c)(6) of this title after Space Systems and Programs.", "id": "H2E6D075138C349B59DFAA376CDF3B5CA", "header": "Space Force organizational matters and modification of certain space-related acquisition authorities" }, { "text": "906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program \nSection 932(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1580 note prec.) is amended— (1) in paragraph (2)— (A) by striking and each Under Secretary of Defense and Director of a Defense Agency who reports directly to the Secretary of Defense, and inserting , each Under Secretary of Defense, and other officials, as designated by the Secretary of Defense, within the Office of the Secretary of Defense (as defined in section 131 of title 10, United States Code) who report directly to the Secretary of Defense ; and (B) by striking or Director and inserting or official within the Office of the Secretary of Defense ; (2) in paragraph (3)— (A) by striking Under Secretaries and Directors and inserting Under Secretaries of Defense and other officials within the Office of the Secretary of Defense ; and (B) by striking Under Secretary, or Director and inserting Under Secretary of Defense, or other official within the Office of the Secretary of Defense ; and (3) in paragraph (7), by striking shall be on a first-come, first-served basis and inserting may require a minimum service agreement, as determined by the Secretary.", "id": "HEE83E278FD8F4C85B28EF3E7F542177C", "header": "Assignments for participants in the John S. McCain Strategic Defense Fellows Program" }, { "text": "907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy \n(a) Requirements \nSection 1053 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 116–283 ; 10 U.S.C. 113 note) is amended by adding at the end the following new subsection: (f) Electromagnetic Spectrum Superiority Strategy \n(1) Designation \n(A) Requirement \nNot later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate. (B) Conditions relating to designation of Chief Information Officer \n(i) Certification \nThe Secretary may not designate the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A) unless the Secretary has first included in the report under paragraph (3)(A) a certification that the Chief Information Officer has the expertise, authority, funding, and personnel to ensure the successful implementation of the electromagnetic spectrum superiority strategy. (ii) CAPE assessment \nIf the Secretary designates the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A), not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees an evaluation of the ability of the Chief Information Officer to ensure the successful implementation of the electromagnetic spectrum superiority strategy, including, at a minimum, an evaluation of the expertise, authority, funding, and personnel of the Chief Information Officer. (2) Responsibilities \nThe senior official designated under paragraph (1)(A) shall be responsible for the following: (A) Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development necessary to implement the electromagnetic spectrum superiority strategy. (B) Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and electromagnetic spectrum operations capabilities is properly aligned. (C) Evaluating whether the Department is effectively incorporating electromagnetic spectrum operations capabilities and considerations into current and future operational plans and concepts. (D) Such other matters relating to electromagnetic spectrum operations as the Secretary specifies for purposes of this paragraph. (3) Reports \n(A) Implementation report \nNot later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report on the implementation of the Electromagnetic Spectrum Superiority Strategy published in October 2020, including— (i) an evaluation of the additional personnel, resources, and authorities the Secretary determines will be needed by the senior official designated under paragraph (1)(A) who is responsible for implementing the electromagnetic spectrum superiority strategy; and (ii) a description of how the Secretary will ensure that such implementation will be successful. (B) Rules of engagement report \nNot later than 270 days after the date of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report that includes the following: (i) A review of the sufficiency of the authorities and rules of engagement of the Department of Defense relating to electromagnetic spectrum operations, in particular with respect to operating below the level of armed conflict short of or in advance of kinetic activity and to protect the Department from electronic attack and disruption. (ii) Recommended changes to the authorities or rules of engagement to ensure the Department can effectively compete, deter conflict, and maintain protection from electronic attack and disruption. (iii) Any other matters the Secretary determines relevant. (4) Semiannual briefings \nOn a semiannual basis during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation of the electromagnetic spectrum superiority strategy. Each briefing shall include, at a minimum, the following: (A) An update on the efforts of the Department of Defense to— (i) achieve the strategic goals set out in the electromagnetic spectrum superiority strategy; and (ii) implement such strategy through various elements of the Department. (B) An identification of any additional authorities or resources relating to electromagnetic spectrum operations that the Secretary determines is necessary to implement the strategy. (5) Electromagnetic spectrum superiority strategy defined \nIn this subsection, the term electromagnetic spectrum superiority strategy means the Electromagnetic Spectrum Superiority Strategy of the Department of Defense published in October 2020, and any such successor strategy.. (b) Clarification of cross-functional team plans \nSubsection (d)(2) of such section is amended by striking biennially thereafter and inserting biennially thereafter during the life of the cross-functional team established pursuant to subsection (c). (c) Transfer of certain provision \nSection 152 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is— (1) amended— (A) in subsection (a), by striking two years after the date of the enactment of this Act and in accordance with the plan developed pursuant to subsection (b) and inserting January 1, 2023, and in accordance with the plan developed pursuant to paragraph (2) ; (B) by striking paragraph (1) each place it appears and inserting subparagraph (A) ; (C) by striking subsection (a) each place it appears and inserting paragraph (1) ; (D) in subsection (b)(2)(D), by striking subsections (c) and (d) and inserting paragraphs (3) and (4) ; and (E) in subsection (e), by striking this section and inserting this subsection ; (2) transferred to such section 1053, redesignated as subsection (g) (including by redesignating its subsections as paragraphs, paragraphs as subparagraphs, and clauses as subclauses, respectively, and indenting such provisions accordingly) and added so as to appear after subsection (f), as added by subsection (a) of this section.", "id": "H4602B91F4A454EDC81822EBDC95B0675", "header": "Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy" }, { "text": "908. Management innovation activities \n(a) In general \nThe Secretary of Defense shall carry out a set of activities to improve the effectiveness of management activities within the Department of Defense, with the goals of incorporating appropriate private sector management practices and technologies and enhancing the capabilities of the defense management workforce. (b) Management activities \nSubject to the total force management requirements under section 129a of title 10, United States Code, the activities carried out under subsection (a) may include the following: (1) Public-private partnerships with appropriate private sector and government organizations. (2) Personnel exchange programs with appropriate industry, academic, and government organizations to enhance the capabilities of the defense management workforce. (3) Research, development, and technology and business process prototyping activities to create new technological capabilities to support management missions, or development and testing of new management concepts and business transformation activities. (4) The designation of appropriate organizations to lead management innovation activities. (5) A process by which defense business process owners and other personnel of the Department of Defense can identify management and business process challenges and opportunities that could be addressed by activities carried out under this section. (6) Processes to develop, prototype, test, and field new business processes and practices to improve defense management capabilities. (7) Academic research and educational activities related to defense management missions to promote— (A) development of innovative management concepts; (B) analyses and addressing of appropriate management challenges; and (C) development of programs and activities to develop the defense management workforce. (8) Academic research and independent studies from federally funded research and development centers assessing lessons learned from previous Departmental management reform initiatives and whether legacy organizations exist and should be consolidated. (c) Plan required \nNot later than February 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a plan for carrying out the activities under this section. (d) Briefings \n(1) Initial briefing \nNot later than July 1, 2022, the Secretary of Defense shall provide to the congressional defense committees an initial briefing on the activities carried out and plans developed under this section. (2) Subsequent briefing \nOn a date occurring after the briefing under paragraph (1), but not later than July 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on the activities carried out and plans developed under this section.", "id": "HCFFB59A9A4D1459FA03940916325CCDD", "header": "Management innovation activities" }, { "text": "909. Digital talent recruiting officer \n(a) Digital talent recruiting for the Department of Defense \n(1) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall designate a chief digital recruiting officer within the office of the Under Secretary of Defense for Personnel and Readiness to carry out the responsibilities set forth in paragraph (2). (2) Responsibilities \nThe chief digital recruiting officer shall be responsible for— (A) identifying Department of Defense needs for, and skills gaps in, specific types of civilian digital talent; (B) recruiting individuals with the skills that meet the needs and skills gaps identified under subparagraph (A), in partnership with the military departments and other organizations and elements of the Department; (C) ensuring Federal scholarship for service programs are incorporated into civilian recruiting strategies; (D) when appropriate and within authority granted under other Federal law, offering recruitment and referral bonuses; and (E) partnering with human resource teams in the military departments and other organizations and elements of the Department to help train all Department of Defense human resources staff on the available hiring flexibilities to accelerate the hiring of individuals with the skills that fill the needs and skills gaps identified under subparagraph (A). (3) Resources \nThe Secretary of Defense shall ensure that the chief digital recruiting officer is provided with personnel and resources sufficient to carry out the duties set forth in paragraph (2). (4) Role of Chief Human Capital Officer \n(A) In general \nThe chief digital recruiting officer shall report directly to the Chief Human Capital Officer of the Department of Defense. (B) Incorporation \nThe Chief Human Capital Officer shall ensure that the chief digital recruiting officer is incorporated into the agency human capital operating plan and recruitment strategy. In carrying out this paragraph, the Chief Human Capital Officer shall ensure that the chief digital recruiting officer’s responsibilities are deconflicted with any other recruitment initiatives and programs. (b) Digital talent defined \nFor the purposes of this section, the term digital talent includes positions and capabilities in, or related to, software development, engineering, and product management; data science; artificial intelligence; distributed ledger technologies; autonomy; data management; product and user experience design; and cybersecurity. (c) Annual briefing requirement \nNot later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the chief digital recruiting officer shall provide to the congressional defense committees a briefing on— (1) the efforts of the Department of Defense to recruit digital talent to positions in the Department; and (2) a summary of any accomplishments and challenges with respect to such recruiting. (d) Sunset \nThe requirements under subsection (a) shall expire on September 30, 2025.", "id": "H63B07A93A1BC48549010CAB3ACFCEDFE", "header": "Digital talent recruiting officer" }, { "text": "910. Cross-functional team for emerging threat relating to anomalous health incidents \n(a) Establishment \nUsing the authority provided pursuant to section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note), the Secretary of Defense shall establish a cross-functional team to address national security challenges posed by anomalous health incidents (as defined by the Secretary) and ensure that individuals affected by anomalous health incidents receive timely and comprehensive health care and treatment pursuant to title 10, United States Code, for symptoms consistent with an anomalous health incident. (b) Duties \nThe duties of the cross-functional team established under subsection (a) shall be— (1) to assist the Secretary of Defense with addressing the challenges posed by anomalous health incidents and any other efforts regarding such incidents that the Secretary determines necessary; and (2) to integrate the efforts of the Department of Defense regarding anomalous health incidents with the efforts of other departments or agency of the Federal Government regarding such incidents. (c) Team leadership \nThe Secretary shall select an Under Secretary of Defense to lead the cross-functional team and a senior military officer to serve as the deputy to the Under Secretary so selected. (d) Determination of organizational roles and responsibilities \nThe Secretary, in consultation with the Director of National Intelligence and acting through the cross-functional team established under subsection (a), shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to addressing anomalous health incidents, including the roles and responsibilities of the Office of the Secretary of Defense, the intelligence components of the Department, Defense agencies, Department of Defense field activities, the military departments, combatant commands, and the Joint Staff. (e) Briefings \n(1) Initial briefing \nNot later than 45 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on— (A) the progress of the Secretary in establishing the cross-functional team; and (B) the progress the team has made in— (i) determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect the cross-functional team; and (ii) carrying out the duties under subsection (b). (2) Updates \nNot later than 90 days after the date of the enactment of this Act, and once every 60 days thereafter during the one-year period following such date of enactment, the Secretary shall provide to the appropriate congressional committees a briefing containing updates with respect to the efforts of the Department regarding anomalous health incidents. (f) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; and (2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.", "id": "H803EE6824C564BFA80925D5FE258E437", "header": "Cross-functional team for emerging threat relating to anomalous health incidents" }, { "text": "911. Alignment of Close Combat Lethality Task Force \n(a) In general \nBeginning not later than 60 days after the date of the enactment of this Act, and continuing until the date on which the Secretary of Defense submits to the congressional defense committees the report described in subsection (b), the Secretary shall reinstate— (1) the initial alignment of the Close Combat Lethality Task Force so that the Task Force reports directly to the Secretary; and (2) the designation of the Task Force as a cross-functional team under section 911 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note). (b) Report described \nThe report described in this subsection is a report on a proposed alternative alignment for the Close Combat Lethality Task Force that includes— (1) a description of— (A) how the proposed alternative alignment of the Task Force would— (i) facilitate the effective pursuit of, and support for, both materiel and non-materiel initiatives by the Task Force; (ii) maintain benefits for the Task Force similar to the benefits associated with reporting directly to the Secretary of Defense and designation as a cross-functional team; and (iii) ensure collaboration and support from the primary stakeholders in the Task Force, including the Army, the Marine Corps, and the United States Special Operations Command; and (B) how the Task Force would be funded and gain appropriate resourcing for cross-functional team initiatives supported by the Secretary; and (2) supporting analysis for the matters described in paragraph (1). (c) Exception \nSubsection (a) does not apply if the President submits to the congressional defense committees— (1) a certification that implementing that subsection would be detrimental to the defense interests of the United States; and (2) a justification for the certification.", "id": "HD19A757A24114CAE94C9992978766476", "header": "Alignment of Close Combat Lethality Task Force" }, { "text": "912. Independent review of and report on the Unified Command Plan \n(a) Review required \n(1) In general \nThe Secretary of Defense shall provide for an independent review of the current Unified Command Plan. (2) Elements \nThe review required by paragraph (1) shall include the following: (A) An assessment of the most recent Unified Command Plan with respect to— (i) current and anticipated threats; (ii) deployment and mobilization of the Armed Forces; and (iii) the most current versions of the National Defense Strategy and Joint Warfighting Concept. (B) An evaluation of the missions, responsibilities, and associated force structure of each geographic and functional combatant command. (C) An assessment of the feasibility of alternative Unified Command Plan structures. (D) Recommendations, if any, for alternative Unified Command Plan structures. (E) Recommendations, if any, on refining the manner by which combatant commanders identify priority capabilities, gaps, and operational requirements and how the Department of Defense incorporates those identified elements into planning, programming, budgeting, execution, and modernization processes. (F) Recommendations, if any, for modifications to sections 161 through 169 of title 10, United States Code. (G) Any other matter the Secretary of Defense determines appropriate. (3) Conduct of review by independent entity \n(A) In general \nThe Secretary of Defense shall— (i) seek to enter into an agreement with an entity described in subparagraph (B) to conduct the review required by paragraph (1); and (ii) ensure that the review is conducted independently of the Department of Defense. (B) Entity described \nAn entity described in this subparagraph is— (i) a federally funded research and development center; or (ii) an independent, nongovernmental institute that— (I) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (II) is exempt from tax under section 501(a) of that Code; and (III) has recognized credentials and expertise in national security and military affairs. (b) Report to Congress \n(1) In general \nNot later than October 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the results of the review conducted under subsection (a). (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "H39590D2BC87441B9A02D2FEB127422E4", "header": "Independent review of and report on the Unified Command Plan" }, { "text": "913. Study and report on the role and organization of space assets in the reserve components \n(a) Study \nThe Secretary of Defense shall conduct a study to determine the appropriate role and organization of space-related assets within the reserve components of the Armed Forces. (b) Report \nNot later than March 31, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a). (c) Elements \nThe report under subsection (b) shall include the following: (1) The determinations of the Secretary of Defense with respect to the— (A) the organization and integration of space-related units within the reserve components of the Armed Forces; (B) the staffing of such units, including the recruitment and retention of personnel for such units (including any reserve units of the Space force); (C) the missions of such units; and (D) the operational requirements applicable to such units. (2) An analysis of— (A) the costs of establishing a Space National Guard in accordance with subtitle C of title IX of H.R. 4350, One Hundred Seventeenth Congress, as passed by the House of Representatives on September 23, 2021; and (B) how a Space National Guard established in accordance with such subtitle would operate as part of the reserve components. (3) Based on the analysis under paragraph (2), the recommendations of the Secretary with respect to the potential establishment of a Space National Guard. (4) If applicable, any savings or costs that may result from the preservation of the space-related force structures of the Air National Guard, as such force structures are in effect on the date of the enactment of this Act.", "id": "H19B2C307336C4148ACE7D37EBA3B2B76", "header": "Study and report on the role and organization of space assets in the reserve components" }, { "text": "1001. General transfer authority \n(a) Authority to transfer authorizations \n(1) Authority \nUpon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2022 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation \nExcept as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000. (3) Exception for transfers between military personnel authorizations \nA transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) Limitations \nThe authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) Effect on authorization amounts \nA transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to congress \nThe Secretary shall promptly notify Congress of each transfer made under subsection (a).", "id": "HF851AFA805C641FAAEC8AE962B9136A9", "header": "General transfer authority" }, { "text": "1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund \nSection 166a(e)(1) of title 10, United States Code, is amended— (1) in subparagraph (A)— (A) by striking $20,000,000 and inserting $25,000,000 ; and (B) by striking $250,000 and inserting $300,000 ; (2) in subparagraph (B), by striking $10,000,000 and inserting $15,000,000 ; and (3) in subparagraph (C), by striking $5,000,000 and inserting $10,000,000.", "id": "H40F02958526444F4B1B9270F3D842112", "header": "Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund" }, { "text": "1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller), in consultation with the Chief Information Officer and the Chief Data Officer of the Department of Defense, shall submit to the congressional defense committees a plan to consolidate the information technology systems used to manage data and support the planning, programming, budgeting, and execution process of the Department of Defense. The plan shall include the consolidation of such systems used by each of the military departments and such systems used by the Defense Agencies, and shall address the retirement or elimination of such systems.", "id": "H344651A881794A7184E6EC577333ABCB", "header": "Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process" }, { "text": "1004. Commission on Planning, Programming, Budgeting, and Execution Reform \n(a) Establishment \n(1) In general \nThere is hereby established an independent commission in the legislative branch to be known as the Commission on Planning, Programming, Budgeting, and Execution Reform (in this section referred to as the Commission ). (2) Date of establishment \nThe Commission shall be established not later 30 days after the date of the enactment of this Act. (b) Membership \n(1) Number and appointment \nThe Commission shall be composed of 14 civilian individuals not employed by the Federal Government who are recognized experts and have relevant professional experience one or more of the following: (A) Matters relating to the planning, programming, budgeting, and execution process of the Department of Defense. (B) Innovative budgeting and resource allocation methods of the private sector. (C) Iterative design and acquisition process. (D) Budget or program execution data analysis. (2) Members \nThe members shall be appointed as follows: (A) The Secretary of Defense shall appoint two members. (B) The Majority Leader and the Minority Leader of the Senate shall each appoint one member. (C) The Speaker of the House of Representatives and the Minority Leader shall each appoint one member. (D) The Chair and the Ranking Member of the Committee on Armed Services of the Senate shall each appoint one member. (E) The Chair and the Ranking Member of the Committee on Armed Services of the House of Representatives shall each appoint one member. (F) The Chair and the Ranking Member of the Committee on Appropriations of the Senate shall each appoint one member. (G) The Chair and the Ranking Member of the Committee on Appropriations of the House of Representatives shall each appoint one member. (3) Deadline for appointment \nNot later than 30 days after the date described in subsection (a)(2), members shall be appointed to the Commission. (4) Expiration of appointment authority \nThe authority to make appointments under this subsection shall expire on the date described in subsection (a)(2), and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (c) Chair and Vice Chair \nThe Commission shall elect a Chair and Vice Chair from among its members. (d) Period of appointment and vacancies \nMembers shall be appointed for the term of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. (e) Purpose \nThe purpose of the Commission is to— (1) examine the effectiveness of the planning, programming, budgeting, and execution process and adjacent practices of the Department of Defense, particularly with respect to facilitating defense modernization; (2) consider potential alternatives to such process and practices to maximize the ability of the Department of Defense to respond in a timely manner to current and future threats; and (3) make legislative and policy recommendations to improve such process and practices in order to field the operational capabilities necessary to outpace near-peer competitors, provide data and analytical insight, and support an integrated budget that is aligned with strategic defense objectives. (f) Scope and duties \nThe Commission shall perform the following duties: (1) Compare the planning, programming, budgeting, and execution process of the Department of Defense, including the development and production of documents including the Defense Planning Guidance (described in section 113(g) of title 10, United States Code), the Program Objective Memorandum, and the Budget Estimate Submission, with similar processes of private industry, other Federal agencies, and other countries. (2) Conduct a comprehensive assessment of the efficacy and efficiency of all phases and aspects of the planning, programming, budgeting, and execution process, which shall include an assessment of— (A) the roles of Department officials and the timelines to complete each such phase or aspect; (B) the structure of the budget of Department of Defense, including the effectiveness of categorizing the budget by program, appropriations account, major force program, budget activity, and line item, and whether this structure supports modern warfighting requirements for speed, agility, iterative development, testing, and fielding; (C) a review of how the process supports joint efforts, capability and platform lifecycles, and transitioning technologies to production; (D) the timelines, mechanisms, and systems for presenting and justifying the budget of Department of Defense, monitoring program execution and Department of Defense budget execution, and developing requirements and performance metrics; (E) a review of the financial management systems of the Department of Defense, including policies, procedures, past and planned investments, and recommendations related to replacing, modifying, and improving such systems to ensure that such systems and related processes of the Department result in— (i) effective internal controls; (ii) the ability to achieve auditable financial statements; and (iii) the ability to meet other financial management and operational needs; and (F) a review of budgeting methodologies and strategies of near-peer competitors to understand if and how such competitors can address current and future threats more or less successfully than the United States. (3) Develop and propose recommendations to improve the effectiveness of the planning, programming, budgeting, and execution process. (g) Commission report and recommendations \n(1) Interim report \nNot later than February 6, 2023, the Commission shall submit to the Secretary of Defense and the congressional defense committees an interim report including the following: (A) An examination of the development of the documents described in subsection (f)(1). (B) An analysis of the timelines involved in developing an annual budget request and the future-years defense program (as described in section 221 of title 10, United States Code), including the ability to make changes to such request or such program within those timelines. (C) A review of the sufficiency of the civilian personnel workforce in the Office of the Secretary of Defense and the Office of Cost Assessment and Program Evaluation to conduct budgetary and program evaluation analysis. (D) An examination of efforts by the Department of Defense to develop new and agile programming and budgeting to enable the United States to more effectively counter near-peer competitors. (E) A review of the frequency and sufficiency of budget and program execution analysis, to include any existing data analytics tools and any suggested improvements. (F) Recommendations for internal reform to the Department relating to the planning, programming, budgeting, and execution process for the Department of Defense to make internally. (G) Recommendations for reform to the planning, programming, budgeting, and execution process that require statutory changes. (H) Any other matters the Commission considers appropriate. (2) Final report \nNot later than September 1, 2023, the Commission shall submit to the Secretary of Defense and the congressional defense committees a final report that includes the elements required under paragraph (1). (3) Briefings \nNot later than 180 days after the date specified in subsection (a)(2), and not later than 30 days after each of the interim and final reports are submitted, the Commission shall provide to the congressional defense committees a briefing on the status of the review and assessment conducted under subsection (f) and include a discussion of any interim or final recommendations. (4) Form \nThe reports submitted to Congress under paragraphs (1) and (2) shall be submitted in unclassified form but may include a classified annex. (h) Government cooperation \n(1) Cooperation \nIn carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison \nThe Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison between the Department and the Commission. (3) Detailees authorized \nThe Secretary may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. (4) Facilitation \n(A) Independent, non-government institute \nNot later than 45 days after the date specified in subsection (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs, in order to facilitate the discharge of the duties of the Commission under this section. (B) Federally funded research and development center \nOn request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center in order to enhance the discharge of the duties of the Commission under this section. (i) Staff \n(1) Status as Federal employees \nNotwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Executive Director \nThe Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay \nThe Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services \n(1) Authority to procure \nThe Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services the travel expenses of experts or consultants, including transportation and per diem in lieu of subsistence, while such experts or consultants are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates \nThe daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts \nThe Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. (l) Legislative advisory committee \nThe Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). (m) Contracting authority \nThe Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (n) Use of government information \nThe Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (o) Postal services \nThe Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (p) Space for use of commission \nNot later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (q) Removal of members \nA member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. (r) Termination \nThe Commission shall terminate 180 days after the date on which it submits the final report required by subsection (g)(2).", "id": "H545187A9AC84459FAB722850DD1BB5D2", "header": "Commission on Planning, Programming, Budgeting, and Execution Reform" }, { "text": "1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia \nSection 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 118 Stat. 2042), as most recently amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1577), is further amended— (1) in subsection (a)(1), by striking 2022 and inserting 2023 ; and (2) in subsection (c), by striking 2022 and inserting 2023.", "id": "H7169D787DEC34A02A09B4FBA3936DF60", "header": "Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia" }, { "text": "1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities \n(a) Extension \nSubsection (b) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 271 note) is amended by striking 2022 and inserting 2027. (b) Conditions \nSubsection (d) of such section is amended— (1) by striking paragraph (1); (2) by striking (2); (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and (4) in paragraph (2), as so redesignated, by striking subparagraph (A) and inserting paragraph (1).", "id": "HF10964C41F4F4E28A09B10F6801DB595", "header": "Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities" }, { "text": "1011. Modification to annual naval vessel construction plan \n(a) In general \nSection 231 of title 10, United States Code, is amended— (1) in subsection (b)(2), by adding at the end the following new subparagraphs: (G) The expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year's plan. (H) A certification by the appropriate Senior Technical Authority designated under section 8669b of this title of the expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year's plan. (I) For each battle force ship planned to be inactivated during the five-year period beginning on the date of the submittal of the report, a description of the planned disposition of each such ship following such inactivation and the potential gaps in warfighting capability that will result from such ship being removed from service. ; and (2) in subsection (f), by adding at the end the following new paragraph: (6) The term expected service life means the number of years a naval vessel is expected to be in service.. (b) Repeal of termination of annual naval vessel construction plan \nSection 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note) is amended by striking paragraph (15).", "id": "H14608D95BAE24680B2C5BDCC658FDA6F", "header": "Modification to annual naval vessel construction plan" }, { "text": "1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair \n(a) In general \nChapter 805 title 10, United States Code, is amended by adding at the end the following new section: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair \n(a) In general \nThe Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the Deputy Commander ). (b) Qualifications \nThe Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section. (c) Reporting \nThe Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. (d) General responsibilities \nThe Deputy Commander shall oversee— (1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; (2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts; (3) enforcement of requirements of such contracts to ensure satisfaction of all contractual obligations; (4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and (5) on-site quality assurance by the Government for such contracts, including inspections. (e) Non-Contract administration services functions \nThe Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by overseeing the performance of the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters: (1) Project oversight, including the following: (A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command. (B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities. (C) Communicating with customers and higher authority regarding matters that may affect project execution. (D) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. (2) Technical authority, including the following: (A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer. (B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues. (f) Comprehensive contract management \nThe Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of commercial entities awarded a contract described in subsection (d)(1) and subcontractors (at any tier). (g) Subcontractor audits \nThe Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts— (1) that are valued at $50,000,000 or more; and (2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2). (h) Annual written assessment \n(1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the activities and results associated with the contracts for which the Deputy Commander oversees the designated contract administration office of the Department. (2) Each written assessment required by paragraph (1) shall include the following: (A) A summary of shipbuilding performance that— (i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity described in subsection (d)(1); (ii) outlines corrective action requests for critical defects and any actions planned or taken to address them; (iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the commercial entity described in subsection (d)(1), to include the conditions requiring the approval of each waiver; and (iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Management Agency. (B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. (C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration responsibilities. (D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that— (i) includes key findings, recommendations, and implementation plans; and (ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 805 of such title is amended by adding at the end the following new item: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair.. (c) Effective date \nOn the date that is 30 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2023— (1) this section and the amendments made by this section shall take effect; and (2) the Secretary of the Navy shall appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair and notify the congressional defense committees of such appointment.", "id": "H3932DA63F8BC472DB5A0601A7BBA7A5C", "header": "Improving oversight of Navy contracts for shipbuilding, conversion, and repair" }, { "text": "8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair \n(a) In general \nThe Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the Deputy Commander ). (b) Qualifications \nThe Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section. (c) Reporting \nThe Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. (d) General responsibilities \nThe Deputy Commander shall oversee— (1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; (2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts; (3) enforcement of requirements of such contracts to ensure satisfaction of all contractual obligations; (4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and (5) on-site quality assurance by the Government for such contracts, including inspections. (e) Non-Contract administration services functions \nThe Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by overseeing the performance of the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters: (1) Project oversight, including the following: (A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command. (B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities. (C) Communicating with customers and higher authority regarding matters that may affect project execution. (D) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. (2) Technical authority, including the following: (A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer. (B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues. (f) Comprehensive contract management \nThe Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of commercial entities awarded a contract described in subsection (d)(1) and subcontractors (at any tier). (g) Subcontractor audits \nThe Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts— (1) that are valued at $50,000,000 or more; and (2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2). (h) Annual written assessment \n(1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the activities and results associated with the contracts for which the Deputy Commander oversees the designated contract administration office of the Department. (2) Each written assessment required by paragraph (1) shall include the following: (A) A summary of shipbuilding performance that— (i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity described in subsection (d)(1); (ii) outlines corrective action requests for critical defects and any actions planned or taken to address them; (iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the commercial entity described in subsection (d)(1), to include the conditions requiring the approval of each waiver; and (iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Management Agency. (B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. (C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration responsibilities. (D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that— (i) includes key findings, recommendations, and implementation plans; and (ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation.", "id": "H253404ECECD045EEBEFBFC91B5CF30D3", "header": "Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair " }, { "text": "1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program \n(a) In general \nChapter 863 of title 10, United States Code, is amended by inserting after section 8669b the following new section: 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program \n(a) In general \nThe Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary— (1) submits a report to the congressional defense committees on the results of any production readiness review; (2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and (3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete. (b) Report \nThe report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following: (1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. (2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. (3) The readiness of the shipyard facilities and workforce to begin construction. (4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. (5) The Navy’s estimated delivery date and description of any variance to the contract delivery date. (6) The extent to which adequate processes and metrics are in place to measure and manage program risks. (c) Definitions \nFor the purposes of subsection (a): (1) Basic and functional design \nThe term basic and functional design , when used with respect to a vessel, means design through computer aided models, that— (A) fixes the major hull structure of the vessel; (B) sets the hydrodynamics of the vessel; and (C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities. (2) First ship \nThe term first ship applies to a ship if— (A) the ship is the first ship to be constructed under that shipbuilding program; or (B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program. (3) Major shipbuilding program \nThe term major shipbuilding program means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title. (4) Production readiness review \nThe term production readiness review means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase. (5) Start of construction \nThe term start of construction means the beginning of fabrication of the hull and superstructure of the ship.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8669b the following new item: 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program.. (c) Conforming repeal \nSection 124 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 28; 10 U.S.C. 8661 note) is repealed.", "id": "H462C75B33A57422CB82E8BCBD477BEC7", "header": "Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program" }, { "text": "8669c. Assessments required prior to start of construction on first ship of a shipbuilding program \n(a) In general \nThe Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary— (1) submits a report to the congressional defense committees on the results of any production readiness review; (2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and (3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete. (b) Report \nThe report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following: (1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. (2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. (3) The readiness of the shipyard facilities and workforce to begin construction. (4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. (5) The Navy’s estimated delivery date and description of any variance to the contract delivery date. (6) The extent to which adequate processes and metrics are in place to measure and manage program risks. (c) Definitions \nFor the purposes of subsection (a): (1) Basic and functional design \nThe term basic and functional design , when used with respect to a vessel, means design through computer aided models, that— (A) fixes the major hull structure of the vessel; (B) sets the hydrodynamics of the vessel; and (C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities. (2) First ship \nThe term first ship applies to a ship if— (A) the ship is the first ship to be constructed under that shipbuilding program; or (B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program. (3) Major shipbuilding program \nThe term major shipbuilding program means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title. (4) Production readiness review \nThe term production readiness review means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase. (5) Start of construction \nThe term start of construction means the beginning of fabrication of the hull and superstructure of the ship.", "id": "HB0158861F4B94676BEE7D9744BFCF05B", "header": "Assessments required prior to start of construction on first ship of a shipbuilding program" }, { "text": "1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life \n(a) In general \nChapter 863 of title 10, United States Code, is amended by inserting after section 8678 the following new section: 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life \n(a) Limitation \nThe Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship. (b) Waiver \nThe Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if— (1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship; and (2) a period of 30 days has elapsed following the date on which such certification was submitted. (c) Certification described \nA certification described in this subsection is a certification that— (1) (A) maintaining the battle force ship in a reduced operating status is not feasible; (B) maintaining the ship with reduced capability is not feasible; (C) maintaining the ship as a Navy Reserve unit is not feasible; (D) transferring the ship to the Coast Guard is not feasible; and (E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and (2) includes an explanation of— (A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and (B) the rationale for the determination under subparagraph (E) of such paragraph. (d) Form \nA certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions \nIn this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term expected service life means the number of years a naval vessel is expected to be in service.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 863 of such title is amended by inserting after the item relating to section 8678 the following new item: 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life..", "id": "HA461A36219464621AD1AECE5E4871CB6", "header": "Limitation on decommissioning or inactivating a battle force ship before the end of expected service life" }, { "text": "8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life \n(a) Limitation \nThe Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship. (b) Waiver \nThe Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if— (1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship; and (2) a period of 30 days has elapsed following the date on which such certification was submitted. (c) Certification described \nA certification described in this subsection is a certification that— (1) (A) maintaining the battle force ship in a reduced operating status is not feasible; (B) maintaining the ship with reduced capability is not feasible; (C) maintaining the ship as a Navy Reserve unit is not feasible; (D) transferring the ship to the Coast Guard is not feasible; and (E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and (2) includes an explanation of— (A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and (B) the rationale for the determination under subparagraph (E) of such paragraph. (d) Form \nA certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions \nIn this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term expected service life means the number of years a naval vessel is expected to be in service.", "id": "H0D72E3DBBF3842B5BD0F001925D7280B", "header": "Limitation on decommissioning or inactivating a battle force ship before the end of expected service life" }, { "text": "1015. Biennial report on shipbuilder training and the defense industrial base \n(a) Technical correction \nThe second section 8692 of title 10, United States Code, as added by section 1026 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 8693 and the table of sections at the beginning of chapter 863 of such title is conformed accordingly. (b) Modification of report \nSuch section is further amended— (1) by striking Not later and inserting (a) In general.— Not later ; (2) in subsection (a), as so redesignated, by adding at the end the following new paragraph: (7) An analysis of the potential benefits of multi-year procurement contracting for the stability of the shipbuilding defense industrial base. ; and (3) by adding at the end the following new subsection: (b) Solicitation and analysis of information \nIn order to carry out subsection (a)(2), the Secretary of the Navy and Secretary of Labor shall— (1) solicit information regarding the age demographics and occupational experience level from the private shipyards of the shipbuilding defense industrial base; and (2) analyze such information for findings relevant to carrying out subsection (a)(2), including findings related to the current and projected defense shipbuilding workforce, current and projected labor needs, and the readiness of the current and projected workforce to supply the proficiencies analyzed in subsection (a)(1)..", "id": "H051E8D7304EA459C977F42FDBFB5355D", "header": "Biennial report on shipbuilder training and the defense industrial base" }, { "text": "1016. Annual report on ship maintenance \n(a) In general \nChapter 863 of title 10, United States Code, is amended by adding at the end the following new section: 8694. Annual report on ship maintenance \n(a) Report required \nNot later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following: (1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull. (2) The estimated cost of the maintenance described pursuant to paragraph (1). (3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year. (4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability. (5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including— (A) a summary of the effects on the costs and schedule for each delay or cancellation; and (B) the accrued operational and fiscal cost of all the deferments over the fiscal year. (b) Form of report \nEach report submitted under subsection (a) shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new section: 8694. Annual report on ship maintenance..", "id": "HD981F76D13F64FC58549703BD8093A2A", "header": "Annual report on ship maintenance" }, { "text": "8694. Annual report on ship maintenance \n(a) Report required \nNot later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following: (1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull. (2) The estimated cost of the maintenance described pursuant to paragraph (1). (3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year. (4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability. (5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including— (A) a summary of the effects on the costs and schedule for each delay or cancellation; and (B) the accrued operational and fiscal cost of all the deferments over the fiscal year. (b) Form of report \nEach report submitted under subsection (a) shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.", "id": "HAE4035DEA9B4480D9EA09895DBD1F5AA", "header": "Annual report on ship maintenance" }, { "text": "1017. Navy battle force ship assessment and requirement reporting \n(a) In general \nChapter 863 of title 10, United States Code, as amended by section 1023, is further amended by adding at the end the following new section: 8695. Navy battle force ship assessment and requirement reporting \n(a) In general \nNot later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement. (b) Assessment \nEach assessment required by subsection (a) shall include the following: (1) A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow. (2) An identification of the steady-state demand for maritime security and security force assistance activities. (3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders. (4) A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders. (5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense. (6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines. (c) Requirement \n(1) Each requirement required by subsection (a) shall— (A) be based on the assessment required by subsection (b); and (B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event— (i) the total number of battle force ships required; (ii) the number of battle force ships required in each of the categories described in paragraph (2); (iii) the classes of battle force ships included in each of the categories described in paragraph (2); and (iv) the number of battle force ships required in each class. (2) The categories described in this paragraph are the following: (A) Aircraft carriers. (B) Large surface combatants. (C) Small surface combatants. (D) Amphibious warfare ships. (E) Attack submarines. (F) Ballistic missile submarines. (G) Combat logistics force. (H) Expeditionary fast transport. (I) Expeditionary support base. (J) Command and support. (K) Other. (d) Definitions \nIn this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term covered event means a significant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 863 of such title is further amended by adding at the end the following new item: 8695. Navy battle force ship assessment and requirement reporting.. (c) Baseline assessment and requirement required \nThe date of the enactment of this Act is deemed to be a covered event for the purposes of establishing a baseline battle force ship assessment and requirement under section 8695 of title 10, United States Code, as added by subsection (a).", "id": "H5E987C2CF81A49449F8A59EFF647BA8C", "header": "Navy battle force ship assessment and requirement reporting" }, { "text": "8695. Navy battle force ship assessment and requirement reporting \n(a) In general \nNot later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement. (b) Assessment \nEach assessment required by subsection (a) shall include the following: (1) A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow. (2) An identification of the steady-state demand for maritime security and security force assistance activities. (3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders. (4) A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders. (5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense. (6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines. (c) Requirement \n(1) Each requirement required by subsection (a) shall— (A) be based on the assessment required by subsection (b); and (B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event— (i) the total number of battle force ships required; (ii) the number of battle force ships required in each of the categories described in paragraph (2); (iii) the classes of battle force ships included in each of the categories described in paragraph (2); and (iv) the number of battle force ships required in each class. (2) The categories described in this paragraph are the following: (A) Aircraft carriers. (B) Large surface combatants. (C) Small surface combatants. (D) Amphibious warfare ships. (E) Attack submarines. (F) Ballistic missile submarines. (G) Combat logistics force. (H) Expeditionary fast transport. (I) Expeditionary support base. (J) Command and support. (K) Other. (d) Definitions \nIn this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term covered event means a significant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements.", "id": "H34E678454BDD47F0B6C241A4ACD42DE9", "header": "Navy battle force ship assessment and requirement reporting" }, { "text": "1018. Prohibition on use of funds for retirement of Mark VI patrol boats \n(a) Prohibition \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to retire, prepare to retire, or place in storage any Mark VI patrol boat. (b) Report \nNot later than February 15, 2022, the Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall submit to the congressional defense committees a report that includes each of the following: (1) The rationale for the retirement of existing Mark VI patrol boats, including an operational analysis of the effect of such retirements on the warfighting requirements of the commanders of each of the combatant commands. (2) A review of how the Fifth Fleet requirements, which are currently being met by Mark VI patrol boats, will continue to be met without such boats, including an evaluation of the cumulative effect of eliminating Mark VI patrol boats in addition to other recent reductions in Navy riverine force structure, such as riverine command boats, in the theater. (3) An update on the implementation of the corrective actions and lessons learned from the Navy’s investigation of the January 12, 2016, incident in which 10 United States sailors were detained by Iranian forces near Farsi Island, the extent to which retiring existing Mark VI patrol boats will affect such implementation, and how such implementation will be sustained in the absence of Mark VI patrol boats. (4) A review of operating concepts for escorting high value units without Mark VI patrol boats. (5) A description of the manner and concept of operations in which the Marine Corps could use Mark VI patrol boats to support distributed maritime operations, advanced expeditionary basing operations, and persistent presence near maritime choke points and strategic littorals in the Indo-Pacific region. (6) An assessment of the potential for modification, and the associated costs, of the Mark VI patrol boat for the inclusion of loitering munitions or anti-ship cruise missiles, such as the Long Range Anti-Ship Missile and the Naval Strike Missile, particularly to support the concept of operations described in paragraph (5). (7) A description of resources required for the Marine Corps to possess, man, train, and maintain Mark VI patrol boats in the performance of the concept of operations described in paragraph (5) and modifications described in paragraph (6). (8) A determination of whether the Marine Corps should take possession of the Mark VI patrol boats effective on or before September 30, 2022. (9) Such other matters the Secretary determines appropriate.", "id": "H312B6B6CB60C4B3AB8666CBDCF2A7237", "header": "Prohibition on use of funds for retirement of Mark VI patrol boats" }, { "text": "1019. Availability of funds for retirement or inactivation of guided missile cruisers \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage more than 5 guided missile cruisers.", "id": "HF36C5023A7EB4D2EBEFB239B1CB848AA", "header": "Availability of funds for retirement or inactivation of guided missile cruisers" }, { "text": "1020. Review of sustainment key performance parameters for shipbuilding programs \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall initiate a review of the Joint Capabilities Integration and Development System policy related to the setting of sustainment key performance parameters and key system attributes for shipbuilding programs to ensure such parameters and attributes account for a comprehensive range of factors that could affect the operational availability and materiel availability of a ship. Such review shall include the extent to which— (1) the term operational availability should be redefined by mission area and to include equipment failures that affect the ability of a ship to perform primary missions; and (2) the term materiel availability should be redefined to take into account factors that could result in a ship being unavailable for operations, including unplanned maintenance, unplanned losses, and training. (b) Report required \nNot later than 180 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to congressional defense committees a report on the findings and recommendations of the review required under paragraph (a).", "id": "H4774B6A1A395467E90B9C2FEAC7C004B", "header": "Review of sustainment key performance parameters for shipbuilding programs" }, { "text": "1021. Assessment of security of global maritime chokepoints \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the security of global maritime chokepoints from the threat of hostile kinetic attacks, cyber disruptions, and other form of sabotage. The report shall include an assessment of each of the following with respect to each global maritime chokepoint covered by the report: (1) The expected length of time and resources required for operations to resume at the chokepoint in the event of attack, sabotage, or other disruption of regular maritime operations. (2) The security of any secondary chokepoint that could be affected by a disruption at the global maritime chokepoint. (3) Options to mitigate any vulnerabilities resulting from a hostile kinetic attack, cyber disruption, or other form of sabotage at the chokepoint. (b) Form of report \nThe report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (c) Global maritime chokepoint \nIn this section, the term global maritime chokepoint means any of the following: (1) The Panama Canal. (2) The Suez Canal. (3) The Strait of Malacca. (4) The Strait of Hormuz. (5) The Bab el-Mandeb Strait. (6) Any other chokepoint determined appropriate by the Secretary.", "id": "H595099BEAA9449F6B44346454D49BEF3", "header": "Assessment of security of global maritime chokepoints" }, { "text": "1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes a detailed description of each of the following: (1) The doctrine, organization, training, materiel, leadership and education, personnel, and facilities required to operate and maintain a force of 24 to 35 Light Amphibious Warships, including— (A) the estimated timeline for procuring and delivering such warships; (B) the estimated cost to procure, man, train, operate, maintain, and modernize such warships for each of the 10 years following the year in which the report is submitted, together with the notional Department of Defense appropriations account associated with each such cost; and (C) the feasibility of accelerating the current Light Amphibius Warship procurement plan and delivery schedule. (2) The specific number, type, and mix of manned and unmanned platforms required to support distributed maritime operations and expeditionary advanced base operations. (3) The feasibility of Marine Littoral Regiments using other joint and interagency mobility platforms prior to, in addition to, or in lieu of the operational availability of Light Amphibious Warships, including— (A) Army LCU-2000, Runnymede-class and General Frank S. Besson-class logistics support vessels; (B) Navy LCU-1610 or LCU-1700, Landing Craft Air Cushioned, and Ship-to-Shore Connector vessels; (C) commercial vessel options that— (i) are available as of the date of the enactment of this Act; and (ii) meet Marine Littoral Regiment requirements for movement, maneuver, sustainment, training, interoperability, and cargo capacity and delivery; (D) maritime prepositioning force vessels; and (E) Coast Guard vessels. (4) The specific number, type, and mix of long range unmanned surface vessel platforms required to support distributed maritime operations, expeditionary advanced base operations, along with their operational interaction with the warfighting capabilities of the fleet, including— (A) the estimated timeline for procuring and delivering such platforms; and (B) the estimated cost to procure, man, train, operate, maintain, and modernize such platforms for each of the 10 years following the year in which the report is submitted, together with the notional Department of Defense appropriations account associated with each such cost. (5) The feasibility of integrating Marine Littoral Regiments with— (A) special operations activities; (B) joint and interagency planning; (C) information warfare operations; and (D) command, control, communications, computer, intelligence, surveillance and reconnaissance, and security cooperation activities. (6) The projected cost and timeline for deploying Marine Littoral Regiments, including— (A) the extent to which such regiments will deploy with the capabilities listed in paragraphs (1) through (5) during each of the 10 years following the year in which the report is submitted; and (B) options to accelerate such deployments or increase the capabilities of such regiments if additional resources are available, together with a description of such resources. (b) Form of report \nThe report required by subsection (a) shall be submitted in a publicly accessible, unclassified form, but may contain a classified annex.", "id": "H0FD21BE78493447B9D6A933E9FD9528D", "header": "Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations" }, { "text": "1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense \nSection 485(a) of title 10, United States Code, is amended by inserting after activities the following: , including the use of military force under the notion of collective self-defense of foreign partners.", "id": "HD8E62D4B0E954CCAA79304B762508C17", "header": "Inclusion in counterterrorism briefings of information on use of military force in collective self-defense" }, { "text": "1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries \nSection 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1043 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31,2022.", "id": "H9DA145E8E0984C8E852466DF6533FB32", "header": "Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries" }, { "text": "1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States \nSection 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1953), as most recently amended by section 1041 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022.", "id": "H9E5E8FABB6E54434A195C83CAC2643DA", "header": "Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States" }, { "text": "1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba \nSection 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1042 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022.", "id": "H97CA9903D64F4B288D374B03624E8A3E", "header": "Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba" }, { "text": "1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba \nSection 1036 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1551), as most recently amended by section 1044 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking fiscal years 2018 through 2021 and inserting any of fiscal years 2018 through 2022.", "id": "H9D764309E09D40DE81B596FEA1657DF4", "header": "Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba" }, { "text": "1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba \n(a) Report \nNot later than 120 days after the date of the enactment of this Act, the Chief Medical Officer of United States Naval Station, Guantanamo Bay (in this section referred to as the Chief Medical Officer ), shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the provision of medical care to individuals detained at Guantanamo. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An assessment of the quality of medical care provided to individuals detained at Guantanamo, including whether such care meets applicable standards of care. (2) A description of the medical facilities and resources at United States Naval Station, Guantanamo Bay, Cuba, available to individuals detained at Guantanamo. (3) A description of the medical facilities and resources not at United States Naval Station, Guantanamo Bay, that would be made available to individuals detained at Guantanamo as necessary to meet applicable standards of care. (4) A description of the range of medical conditions experienced by individuals detained at Guantanamo as of the date on which the report is submitted. (5) A description of the range of medical conditions likely to be experienced by individuals detained at Guantanamo, given the medical conditions of such individuals as of the date on which the report is submitted and the likely effects of aging. (6) An assessment of any gaps between— (A) the medical facilities and resources described in paragraphs (2) and (3); and (B) the medical facilities and resources required to provide medical care necessary to meet applicable standards of care for the medical conditions described in paragraphs (4) and (5). (7) The plan of the Chief Medical Officer to address the gaps described in paragraph (6), including the estimated costs associated with addressing such gaps. (8) An assessment of whether the Chief Medical Officer has secured from the Department of Defense access to individuals, information, or other assistance that the Chief Medical Officer considers necessary to enable the Chief Medical Officer to carry out the Chief Medical Officer's duties, including full and expeditious access to the following: (A) Any individual detained at Guantanamo. (B) Any medical records of any individual detained at Guantanamo. (C) Medical professionals of the Department who are working, or have worked, at United States Naval Station, Guantanamo Bay. (c) Form of report \nThe report required by subsection (a) shall be submitted in classified form. (d) Definitions \nIn this section, the terms individual detained at Guantanamo , medical care , and standard of care have the meanings given those terms in section 1046(e) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1586; 10 U.S.C. 801 note).", "id": "H58A05C94E70B43B38DAB1F2FEE4FEDC6", "header": "Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba" }, { "text": "1041. Congressional oversight of alternative compensatory control measures \n(a) Limitation on availability of funds pending submission of report \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of the Under Secretary of Defense for Policy, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report required under section 119a(a) for 2021. (b) Congressional oversight \nSection 119a of title 10, United States Code, is amended by adding at the end the following new subsection: (g) Congressional oversight \n(1) Neither the Secretary of Defense nor the Director of National Intelligence may take any action that would have the effect of limiting the access of the congressional defense committees to— (A) any classified program, or any information about any classified program, to which such committees have access as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022; or (B) any classified program established, or any information about any classified program that becomes available, after the date of the enactment of such Act that is within the jurisdiction of such committees. (2) In this subsection, the term classified program includes any special access program, alternative compensatory control measure, or any other controlled access program..", "id": "H103C49E1650D44F4ADF060E3316EB105", "header": "Congressional oversight of alternative compensatory control measures" }, { "text": "1042. Modification of notification requirements for sensitive military operations \nSection 130f(d) of title 10, United States Code, is amended— (1) by striking (1) Except as provided in paragraph (2), in and inserting In ; (2) by striking paragraph (2); (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (4) in paragraph (1), as so redesignated, by striking ; or and inserting a semicolon; (5) in paragraph (2), as so redesignated, by striking the period at the end and inserting ; or ; and (6) by adding at the end the following new paragraph: (3) an operation conducted by the armed forces to free an individual from the control of hostile foreign forces..", "id": "HBCBC8AFAE8604FD3B53FF441DB9046E6", "header": "Modification of notification requirements for sensitive military operations" }, { "text": "1043. Authority to provide space and services to military welfare societies \nSection 2566 of title 10, United States Code is amended— (1) in subsection (a), by striking of a military department and inserting concerned ; and (2) in subsection (b)(1), by adding at the end the following new subparagraph: (D) The Coast Guard Mutual Assistance..", "id": "HDEC12A9571494F24B0395186FA849BD7", "header": "Authority to provide space and services to military welfare societies" }, { "text": "1044. Congressional notification of significant Army force structure changes \n(a) Notification requirement \n(1) In general \nChapter 711 of title 10, United States Code, is amended by inserting after section 7101 the following new section: 7102. Congressional notification of significant Army force structure changes \n(a) Notification required \nExcept as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change. (b) Contents \nA notification required under subsection (a) shall include each of the following: (1) The justification for the planned change. (2) A description of the details of the planned change and timing for implementation. (3) A description of the operational implications of the planned change. (4) The estimated costs of such change. (c) Exception \nThe notification requirement under subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency. (d) Definition of significant change to Army force structure \nIn this section, the term significant change to Army force structure means— (1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101 the following new item: 7102. Congressional notification of significant Army force structure changes.. (b) Briefing on Army Structure Memorandum \nPrior to issuing the Army Structure Memorandum derived from the Total Army Analysis, the Secretary of the Army shall provide to the congressional defense committees a briefing on the memorandum. The briefing shall include a description of each of the following: (1) The guidance and direction provided to the Army by the Secretary of Defense in the Defense Planning Guidance or other directives. (2) Any scenarios and assumptions used to conduct the analysis. (3) Any significant force design updates incorporated in the analysis. (4) Any significant Army force structure changes directed in the Army Structure Memorandum. (5) Any substantive changes of assessed risk associated with changes directed in the memorandum.", "id": "H0166C06F60F24ECBBDF9C9EE0A59FAF1", "header": "Congressional notification of significant Army force structure changes" }, { "text": "7102. Congressional notification of significant Army force structure changes \n(a) Notification required \nExcept as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change. (b) Contents \nA notification required under subsection (a) shall include each of the following: (1) The justification for the planned change. (2) A description of the details of the planned change and timing for implementation. (3) A description of the operational implications of the planned change. (4) The estimated costs of such change. (c) Exception \nThe notification requirement under subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency. (d) Definition of significant change to Army force structure \nIn this section, the term significant change to Army force structure means— (1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force.", "id": "H537E1A9E36604A98B6005C81FCFAE5D2", "header": "Congressional notification of significant Army force structure changes" }, { "text": "1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus \n(a) In general \nSection 1385 of title 18, United States Code, is amended— (1) by striking or after Army and inserting , the Navy, the Marine Corps, ; (2) by inserting , or the Space Force after Air Force ; and (3) in the section heading, by striking Army and Air Force and inserting Army, Navy, Marine Corps, Air Force, and Space Force. (b) Clerical amendment \nThe table of sections at the beginning of chapter 67 of such title is amended by striking the item relating to section 1385 and inserting the following new item: 1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus.", "id": "H81CB5628EB3949BDBFDC393A1939E50E", "header": "Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus" }, { "text": "1046. Comparative testing reports for certain aircraft \n(a) Modification of limitation \nSection 134(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2037) is amended by striking the report under subsection (e)(2) and inserting a report that includes the information described in subsection (e)(2)(C). (b) Comparative testing reports required \n(1) Report from Director of Operational Test and Evaluation \nNot later than 53 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes the information described in section 134(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038). (2) Report from Secretary of the Air Force \nNot later than 53 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the information described in section 134(e)(2)(C) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038).", "id": "H510C99EED0C74794BD272C96F8097295", "header": "Comparative testing reports for certain aircraft" }, { "text": "1047. Special operations forces joint operating concept for competition and conflict \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command shall jointly submit to the congressional defense committees a Special Operations Forces joint operating concept for competition and conflict. (b) Elements \nThe joint operating concept required by subsection (a) shall include the following: (1) A detailed description of the manner in which special operations forces will be expected to operate in the future across the spectrum of operations, including operations below the threshold of traditional armed conflict, crisis, and armed conflict. (2) An explanation of the roles and responsibilities of the national mission force and the theater special operations forces, including how such forces will be integrated with each other and with general purpose forces. (3) An articulation of the required capabilities of the special operations forces. (4) An explanation of the manner in which the joint operating concept relates to and fits within the joint warfighting concept produced by the Joint Chiefs of Staff. (5) An explanation of the manner in which the joint operating concept relates to and integrates into the operating concepts of the Armed Forces. (6) Any other matter the Assistant Secretary and the Commander consider relevant.", "id": "HC0313A769A0C4ADB8B712CB2B310983B", "header": "Special operations forces joint operating concept for competition and conflict" }, { "text": "1048. Limitation on availability of certain funding for operation and maintenance \nOf the amounts authorized to be appropriated by this Act for fiscal year 2022 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the congressional defense committees the following: (1) The first quarterly report identifying and summarizing all execute orders approved by the Secretary of Defense or the commander of a combatant command in effect for the Department of Defense as required by section 1744(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 113 note). (2) The report on the policy of the Department of Defense relating to civilian casualties resulting from United States military operations required by section 936(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note).", "id": "H17079E29635B40F7972F9E719A937DAE", "header": "Limitation on availability of certain funding for operation and maintenance" }, { "text": "1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment \nOf the amounts authorized to be appropriated for fiscal year 2022 by section 301 for operation and maintenance and available for the Office of the Secretary of Defense for the travel of persons as specified in the table in section 4301, not more than 75 percent shall be available until the date on which all of the following are submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services House of Representatives: (1) The report required by subsection (h)(1) of section 1631 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (2) The strategy and posture review required by subsection (g) of such section.", "id": "H52ECFD2F6972467E8F1D1A7B6062730D", "header": "Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment" }, { "text": "1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings \n(a) Briefing requirement \nNot later than March 31, 2022, the Comptroller General of the United States shall provide to the congressional defense committees a briefing on the status of the ongoing efforts of the Comptroller General with respect to the effectiveness of each of the following: (1) Department of Defense programming and planning for the nuclear enterprise. (2) Department of Defense processes for identifying the relevance of legacy military systems. (3) Defense weapon system acquisition and contracting. (b) Limitation on availability of funds \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense for travel expenses, not more than 90 percent may be obligated or expended before the date on which the Secretary of Defense has entered into agreements for the conduct of the independent reviews required under section 1753 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1852).", "id": "H9CAC1B342EE4424D8495F614C8224F62", "header": "Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings" }, { "text": "1051. Survey on relations between members of the Armed Forces and military communities \n(a) Survey \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall conduct a survey of covered individuals regarding relations between covered individuals and covered communities. (2) Contents of survey \nThe survey shall be designed to solicit information from covered individuals regarding each of the following: (A) The rank, age, racial, ethnic, and gender demographics of the covered individuals. (B) Relationships between covered individuals and the covered community, including support services and acceptance of the military community. (C) The availability of housing, health care, mental health services, and education for covered individuals, employment opportunities for military spouses, and other relevant issues. (D) Initiatives of local government and community organizations with respect to covered individuals and covered communities. (E) The physical safety of covered individuals while in a covered community but outside the military installation located in such covered community. (F) Any other matters designated by the Secretary of Defense. (3) Locations \nFor purposes of conducting the survey under this subsection, the Secretary of Defense shall select ten geographically diverse military installations where the survey will be conducted. (b) Additional activities \nIn the course of conducting surveys under this section, the Secretary may carry out any of the following activities with respect to covered individuals and covered communities: (1) Facilitating local listening sessions and information exchanges. (2) Developing educational campaigns. (3) Supplementing existing local and national defense community programs. (4) Sharing best practices and activities. (c) Coordination \nTo support activities under this section, the Secretary of Defense may coordinate with local governments and not-for-profit organizations that represent covered individuals. (d) Briefing \nNot later than September 30, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the survey conducted under subsection (a). Such briefing shall include— (1) with respect to each covered community— (A) the results of the survey; and (B) the activities conducted to address racial inequity in the community; (2) the aggregate results of the survey; and (3) best practices for creating positive relationships between covered individuals and covered communities. (e) Definitions \nIn this section: (1) The term covered community means a military installation and any geographic area within 10 miles of such military installation. (2) The term covered individual means any of the following individuals who live in a covered community or work on a military installation in a covered community: (A) A member of the Armed Forces. (B) A family member of an individual described in subparagraph (A). (3) The term military installation has the meaning given such term in section 2801 of title 10, United States Code.", "id": "H9A30CF3A51D342E39137083966412F37", "header": "Survey on relations between members of the Armed Forces and military communities" }, { "text": "1052. Limitation on use of funds pending compliance with certain statutory reporting requirements \n(a) Limitation \nOf the funds authorized to be appropriated or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense for travel expenses, not more than 90 percent may be obligated or expended before the date on which all of the following reports are submitted to Congress and the unclassified portions thereof made publicly available: (1) The report required under section 589F(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) The reports required under section 1299H(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (3) The report required under section 888(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (4) The report required under section 1752(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (b) Briefing requirement \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on obstacles to compliance with congressional mandated reporting requirements.", "id": "H87BE5D6FBD6448BEB712FD61CE96492B", "header": "Limitation on use of funds pending compliance with certain statutory reporting requirements" }, { "text": "1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern \nSection 8062(d) of title 10, United States Code, is amended by inserting the Coast Guard, the Space Force, after the Air Force,.", "id": "HD96864E3DA57446291AD1BC2F50DB12A", "header": "Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern" }, { "text": "1061. Inclusion of support services for Gold Star families in quadrennial quality of life review \n(a) Technical amendment \n(1) In general \nThe second section 118a of title 10, United States Code (relating to the quadrennial quality of life review) is redesignated as section 118b. (2) Clerical amendment \nThe table of sections at the beginning of chapter 2 of such title is amended by striking the item relating to the second section 118a and inserting the following new item: 118b. Quadrennial quality of life review.. (b) Inclusion in review \nSubsection (c) of section 118b of title 10, United States Code, as redesignated under subsection (a), is amended by adding at the end the following new paragraph: (15) Support services for Gold Star families..", "id": "H6BD5AB585CD04CB694A181A683967987", "header": "Inclusion of support services for Gold Star families in quadrennial quality of life review" }, { "text": "1062. Public availability of semi-annual summaries of reports \n(a) In general \nSection 122a of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Semi-annual summaries \nNot later than January 1 and July 1 of each year, the Secretary of Defense shall make publicly available on an appropriate internet website a summary of all reports submitted to Congress by the Department of Defense for the preceding six-month period that are required to be submitted by statute. Each such summary shall include, for each report covered by the summary, the title of report, the date of delivery, and the section of law under which such report is required.. (b) Applicability \nSubsection (c) of section 122a of title 10, United States Code, as added by subsection (a), shall apply beginning on the date that is one year after the date of the enactment of this Act.", "id": "H3A2C5A1501B249D28FEAA8DB6A06F37B", "header": "Public availability of semi-annual summaries of reports" }, { "text": "1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense \nSection 1014(d)(3) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) is amended by striking December 31, 2022 and inserting December 31, 2023.", "id": "HC4676EE7A2A745CA83028B26BDECC236", "header": "Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense" }, { "text": "1064. Continuation of certain Department of Defense reporting requirements \nSection 1061 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 111 note) is amended— (1) in subsection (b)(2), by adding at the end the following new subparagraphs: (E) The submission of the report required under section 14 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5 ). (F) The submission of the report required under section 2504 of title 10, United States Code. ; (2) in subsection (c), by striking paragraph (47); and (3) in subsection (i), by striking paragraph (30).", "id": "H918FCCF799F54992B56404EE9A9F7984", "header": "Continuation of certain Department of Defense reporting requirements" }, { "text": "1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires \nSection 1058 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 31 U.S.C. 1535 note) is amended by adding at the end the following new subsection: (g) Updated review and enhancement of authorities \n(1) Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Director shall— (A) conduct a second review under subsection (a) and make a second determination under subsection (b); and (B) submit to Congress a report that includes— (i) the results of the second review and second determination required by subparagraph (A); and (ii) a description, based on such second determination, of any new modifications proposed to be made to existing authorities under subsection (c) or (d), including whether there is a need for legislative changes to further improve the procedures for using Department of Defense assets to fight wildfires. (2) Pursuant to the second determination under subsection (b) required by paragraph (1)(A), the Director shall develop and implement such modifications, regulations, policies, and interagency procedures as the Director determines appropriate pursuant to subsections (c) and (d). Any such modification, regulation, policy, or interagency procedure shall not take effect until the end of the 30-day period beginning on the date on which the report is submitted to Congress under paragraph (1)(B)..", "id": "HEA281E3487014161856ED8B62A0BE1DD", "header": "Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires" }, { "text": "1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan \n(a) In general \nNot later than March 31, 2022, each commander of a geographic combatant command shall submit to the congressional defense committees a report containing an assessment of the level of operational risk to that command posed by the plan of the Air Force to modernize and restructure airborne intelligence, surveillance, and reconnaissance capabilities to meet near-, mid-, and far-term contingency and steady-state operational requirements against adversaries in support of the objectives of the current national defense strategy. (b) Plan assessed \nThe plan of the Air Force referred to in subsection (a) is the plan required under section 142 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (c) Assessment of risk \nIn assessing levels of operational risk for purposes of subsection (a), a commander shall use the military risk matrix of the Chairman of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E. (d) Geographic combatant command \nIn this section, the term geographic combatant command means each of the following: (1) United States European Command. (2) United States Indo-Pacific Command. (3) United States Africa Command. (4) United States Southern Command. (5) United States Northern Command. (6) United States Central Command.", "id": "HB55931BF04CA499BA459CD32CB951011", "header": "Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan" }, { "text": "1067. Biennial assessments of Air Force Test Center \nNot later than December 1 of each of 2022, 2024, and 2026, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Test Center. Each such assessment shall include, for the period covered by the assessment, a description of— (1) any challenges of the Air Force Test Center with respect to completing its mission; and (2) the plan of the Secretary to address such challenges.", "id": "HAD23DBCCAAE84B8DA20806E1627B9B77", "header": "Biennial assessments of Air Force Test Center" }, { "text": "1068. Report on 2019 World Military Games \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the participation of the United States in the 2019 World Military Games. Such report shall include a detailed description of each of the following: (1) The number of United States athletes and staff who attended the 2019 World Military Games and became ill with COVID–19-like symptoms during or shortly after their return to the United States. (2) The results of any blood testing conducted on athletes and staff returning from the 2019 World Military Games, including whether those blood samples were subsequently tested for COVID–19. (3) The number of home station Department of Defense facilities of the athletes and staff who participated in the 2019 World Military Games that experienced outbreaks of illnesses consistent with COVID–19 symptoms upon the return of members of the Armed Forces from Wuhan, China. (4) The number of Department of Defense facilities visited by team members after returning from Wuhan, China, that experienced COVID–19 outbreaks during the first quarter of 2020, including in relation to the share of other Department of Defense facilities that experienced COVID–19 outbreaks through March 31, 2020. (5) Whether the Department tested members of the Armed Forces who traveled to Wuhan, China, for the World Military Games for COVID–19 antibodies, and if so, what portion, if any, of those results were positive, and when such testing was conducted. (6) Whether there are, or have been, any investigations, including under the auspices of an Inspector General, across the Department of Defense or the military departments into possible connections between United States athletes who traveled to Wuhan, China, and the outbreak of COVID–19. (7) Whether the Department has engaged with the militaries of allied or partner countries about illnesses surrounding the 2019 World Military Games, and if so, how many participating militaries have indicated to the Department that their athletes or staff may have contracted COVID–19-like symptoms during or immediately after the Games. (b) Form of report \nExcept to the extent prohibited by law, the report required under this section shall be submitted in unclassified form and made publicly available on an internet website in a searchable format, but may contain a classified annex.", "id": "H4D178D1444664FFB8676B5142B1688FE", "header": "Report on 2019 World Military Games" }, { "text": "1069. Reports on oversight of Afghanistan \n(a) Reports \nNot later than 60 days after the date of the enactment of this Act, and annually thereafter until December 31, 2026, the Secretary of Defense, in coordination with the Director of National Intelligence and consistent with the protection of intelligence sources and methods, shall submit to the appropriate congressional committees a report on Afghanistan. Each such report shall address, with respect to Afghanistan, the following matters: (1) An up-to-date assessment of the over-the-horizon capabilities of the United States. (2) A description of the concept of force with respect to the over-the-horizon force of the United States. (3) The size of such over-the-horizon force. (4) The location of such over-the-horizon force, including the locations of the forces as of the date of the submission of the report and any plans to adjust such locations. (5) The chain of command for such over-the-horizon force. (6) The launch criteria for such over-the-horizon force. (7) Any plans to expand or adjust such over-the-horizon force capabilities in the future, to account for evolving terrorist threats in Afghanistan. (8) An assessment of the terrorist threat in Afghanistan. (9) An assessment of the quantity and types of United States military equipment remaining in Afghanistan, including an indication of whether the Secretary plans to leave, recover, or destroy such equipment. (10) Contingency plans for the retrieval or hostage rescue of United States citizens located in Afghanistan. (11) Contingency plans related to the continued evacuation of Afghans who hold special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) or who have filed a petition for such status, following the withdrawal of the United States Armed Forces from Afghanistan. (12) A concept of logistics support to support the over-the-horizon force of the United States, including all basing and transportation plans. (13) An assessment of changes in the ability of al-Qaeda and ISIS-K to conduct operations within Taliban-held Afganistan or outside of Afghanistan against the United States and allies of the United States. (14) An assessment of the threat posed by prisoners released by the Taliban from the Pul-e-Charkhi prison and Parwan detention facility, Afghanistan, in August 2021, including, for each such prisoner— (A) the country of origin of the prisoner; (B) any affiliation of the prisoner with a foreign terrorist organization; and (C) in the case of any such prisoner determined to pose a risk for external operations outside of Afghanistan, the assessed location of the prisoner. (15) The status of any military cooperation between the Taliban and China, Russia, or Iran. (16) Any other matters the Secretary determines appropriate. (b) Form \nEach report required under this section may be submitted in either unclassified or classified form, as determined appropriate by the Secretary. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Armed Services and the Select Committee on Intelligence of the Senate.", "id": "HB095076960774011B36DBDF3204EF11E", "header": "Reports on oversight of Afghanistan" }, { "text": "1070. Study and report on Department of Defense excess personal property program \n(a) Study \nThe Director of the Defense Logistics Agency shall conduct a study on the excess personal property program of the Department of Defense under section 2576a of title 10, United States Code, and the administration of such program by the Law Enforcement Support Office. Such study shall include— (1) an analysis of the degree to which personal property transferred under such program has been distributed equitably between larger, well-resourced municipalities and units of government and smaller, less well-resourced municipalities and units of government; and (2) an identification of potential reforms to such program to ensure that such property is transferred in a manner that provides adequate opportunity for participation by smaller, less well-resourced municipalities and units of government. (b) Report \nNot later than one year after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report on the results of a study required under subsection (a).", "id": "H2445368BEA974D7F8BD2E9AE066D32C9", "header": "Study and report on Department of Defense excess personal property program" }, { "text": "1071. Optimization of Irregular Warfare Technical Support Directorate \n(a) Plan required \nNot later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the congressional defense committees a plan for improving the support provided by the Irregular Warfare Technical Support Directorate to meet military requirements. Such plan shall include the following: (1) Specific actions to— (A) ensure adequate focus on rapid fielding of required capabilities; (B) improve metrics and methods for tracking projects that have transitioned into programs of record; and (C) minimize overlap with other research, development, and acquisition efforts. (2) Such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant. (b) Department of Defense Instruction required \nNot later than 270 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Secretaries of the military departments, shall publish an updated Department of Defense Instruction in order to— (1) define the objectives, organization, mission, customer base, and role of the Irregular Warfare Technical Support Directorate; (2) ensure coordination with external program managers assigned to the military departments and the United States Special Operations Command; (3) facilitate adequate oversight by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment; and (4) address such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant.", "id": "H6D8A2EDA200248E9AA3E4B63914AE2AB", "header": "Optimization of Irregular Warfare Technical Support Directorate" }, { "text": "1072. Assessment of requirements for and management of Army three-dimensional geospatial data \n(a) Joint assessments and determinations \nThe Vice Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Intelligence and Security, and the Secretary of the Army, in consultation with other appropriate officials of the Department of Defense, shall jointly carry out each of the following: (1) An assessment of the requirements of the joint force with respect to three-dimensional geospatial data in order to achieve Combined Joint All-Domain Command and Control, including the use of such data for each of the following: (A) Training. (B) Planning. (C) Modeling and simulation. (D) Mission rehearsal. (E) Operations. (F) Intelligence, including geolocation support to intelligence collection systems. (G) Dynamic and precision targeting. (H) After action reviews. (2) A determination of whether three-dimensional geospatial data derived from Government sources, commercial sources, or both (referred to as derivative three-dimensional geospatial data ) meets the accuracy, resolution, community sensor model compliance, and currency required for precision targeting. (3) A determination of the optimum management, joint funding structure, and resources required for the collection, tasking, acquisition, production, storage, and consumption of three-dimensional geospatial data, including a consideration of— (A) designating the Army as the Executive Agent for warfighter collection, production, and consumption of three-dimensional geospatial content at the point-of-need; (B) designating the National Geospatial Intelligence Agency, in its role as the Geospatial Intelligence Functional Manager, as the Executive Agent for quality assessment, testing, evaluation, validation, and enterprise storage and retrieval of derivative three-dimensional geospatial data; (C) existing governance structures across the Department of Defense and the National Geospatial Intelligence Agency for the procurement and production of three-dimensional geospatial data and the development of tools and plans, from either commercial or Government sources; and (D) identifying potential commercial and Government capabilities that could be established as a three-dimensional geospatial intelligence program of record. (b) Army management considerations \nIf the Vice Chairman, the Under Secretary, and the Secretary of the Army determine that the Army should serve as the Executive Agent for Department of Defense three-dimensional geospatial data, the Secretary shall determine the respective roles within the Army. (c) Additional Army determinations \nThe Secretary of the Army shall determine whether operational use of the Integrated Visual Augmentation System and Army intelligence and mission command systems require three-dimensional geospatial data for assigned operational missions, including targeting. (d) Briefing required \nNot later than 180 days after the date of the enactment of this Act, the Vice Chairman, the Under Secretary, and the Secretary of the Army shall complete the assessments and determinations required by this section and provide to the congressional defense committees a briefing on such assessments and determinations.", "id": "H61CB0D205B264FD7A80BD98D149B5262", "header": "Assessment of requirements for and management of Army three-dimensional geospatial data" }, { "text": "1073. Required review of Department of Defense unmanned aircraft systems categorization \n(a) In general \nThe Under Secretary of Defense for Acquisition and Sustainment shall initiate a process— (1) to review the system used by the Department of Defense for categorizing unmanned aircraft systems, as described in Joint Publication 3–30 titled Joint Air Operations ; and (2) to determine whether modifications should be made in the Department of Defense grouping of unmanned aerial systems into five broad categories, as in effect on the date of the enactment of this Act. (b) Required elements for revision \nIf the Under Secretary determines under subsection (a) that the characteristics associated with any of the five categories of unmanned aircraft systems should be revised, the Under Secretary shall consider the effect a revision would have on— (1) the future capability and employment needs to support current and emerging warfighting concepts; (2) advanced systems and technologies available in the current commercial marketplace; (3) the rapid fielding of unmanned aircraft systems technology; and (4) the integration of unmanned aircraft systems into the National Airspace System. (c) Consultation requirements \nIn carrying out the review required under subsection (a), the Under Secretary shall consult with— (1) the Secretary of each of the military departments; (2) the Chairman of the Joint Chiefs of Staff; (3) the Secretary of State; and (4) the Administrator of the Federal Aviation Administration. (d) Report required \nNot later than October 1, 2022, the Under Secretary shall submit to the congressional defense committees, the Committee on Transportation and Infrastructure and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate a report that includes a description of— (1) the results of the review initiated under subsection (a); (2) any revisions planned to the system used by the Department of Defense for categorizing unmanned aircraft systems as a result of such review; (3) the costs and benefits of any planned revisions; and (4) a proposed implementation plan and timelines for such revisions.", "id": "HDCEBE22D2F284B19999CFE143197CA9E", "header": "Required review of Department of Defense unmanned aircraft systems categorization" }, { "text": "1074. Annual report and briefing on Global Force Management Allocation Plan \n(a) In general \nNot later than October 31, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a classified report and a classified briefing on the Global Force Management Allocation Plan and its implementation. (b) Report \nEach report required by subsection (a) shall include a summary describing the Global Force Management Allocation Plan being implemented as of October 1 of the year in which the report is provided. (c) Briefing \nEach briefing required by subsection (a) shall include the following: (1) A summary of the major modifications to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year as a result of a shift in strategic priorities, requests for forces, or other contingencies, and an explanation for such modifications. (2) A description of the major differences between the Global Force Management Allocation Plan for the current fiscal year and the Global Force Management Allocation Plan for the preceding fiscal year. (3) A description of any difference between the actual global allocation of forces, as of October 1 of the year in which the briefing is provided, and the forces stipulated in the Global Force Management Allocation Plan being implemented on that date.", "id": "HE7F1B6E45093467A97CEBC20893C8395", "header": "Annual report and briefing on Global Force Management Allocation Plan" }, { "text": "1075. Report on World War I and Korean War era Superfund facilities \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on active Superfund facilities where a hazardous substance originated from Department of Defense activities occurring between the beginning of World War I and the end of the Korean War. Such report shall include a description of such Superfund facilities as well as any actions, planned actions, communication with communities, and cooperation with relevant agencies, including the Environmental Protection Agency, carried out or planned to be carried out by the Department of Defense. (b) Superfund facility \nIn this section, the term Superfund facility means a facility included on the National Priorities List pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605 ).", "id": "H22C5EBD4D7A3472D93AE67CC62A949B1", "header": "Report on World War I and Korean War era Superfund facilities" }, { "text": "1076. Report on implementation of irregular warfare strategy \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter through fiscal year 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the activities and programs of the Department of Defense to implement the irregular warfare strategy consistent with the 2019 Irregular Warfare Annex to the National Defense Strategy, as amended by any subsequent national defense strategy. (b) Elements of report \nEach report required by subsection (a) shall include the following elements for the year covered by the report: (1) A description and assessment of efforts to institutionalize the approach of the Department of Defense to irregular warfare and maintain a baseline of capabilities and expertise in irregular warfare in both conventional and special operations forces, including efforts to— (A) institutionalize irregular warfare in force development and design; (B) transform the approach of the Department of Defense to prioritize investments in, and development of, human capital for irregular warfare; (C) ensure an approach to irregular warfare that is agile, efficient, and effective by investing and developing capabilities in a cost-informed and resource-sustainable manner; and (D) integrate irregular warfare approaches into operational plans and warfighting concepts for competition, crisis, and conflict. (2) A description and assessment of efforts to operationalize the approach of the Department of Defense to irregular warfare to meet the full range of challenges posed by adversaries and competitors, including efforts to— (A) execute proactive, enduring campaigns using irregular warfare capabilities to control the tempo of competition, shape the environment, and increase the cost of hostilities against the United States and its allies; (B) adopt a resource-sustainable approach to countering violent extremist organizations and consolidating gains against the enduring threat from these organizations; (C) improve the ability of the Department of Defense to understand and operate within the networked, contested, and multi-domain environment in which adversaries and competitors operate; (D) foster and sustain unified action in irregular warfare including through collaboration and support of interagency partners in the formulation of assessments, plans, and the conduct of operations; and (E) expand networks of allies and partners, including for the purpose of increasing the ability and willingness of allies and partners to defend their sovereignty, contribute to coalition operations, and advance common security initiatives. (3) A description of— (A) the status of the plan required to be produced by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the Chairman of the Joint Chiefs of Staff, in coordination with the combatant commands and the Secretaries of the military departments, to implement the objectives described in the 2019 Irregular Warfare Annex to the National Defense Strategy; and (B) the efforts by the relevant components of the Department of Defense to expeditiously implement such plan, including the allocation of resources to implement the plan. (4) An assessment by the Secretary of Defense of the resources, plans, and authorities required to establish and sustain irregular warfare as a fully-integrated core competency for the Joint Forces. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "H631501386C32475ABE4BA4B2F90A332F", "header": "Report on implementation of irregular warfare strategy" }, { "text": "1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service \n(a) Study \nIn consultation with the Chief Information Officer of the Department of Defense, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ) shall conduct a study on providing end-to-end electronic voting services (including services for registering to vote, requesting an electronic ballot, completing the ballot, and returning the ballot) in participating States for absent uniformed services voters under such Act who are deployed or mobilized to locations with limited or immature postal service (as determined by the Presidential designee). (b) Specifications \nIn conducting the study under subsection (a), the Presidential designee shall include— (1) methods that would ensure voters have the opportunity to verify that their ballots are received and tabulated correctly by the appropriate State and local election officials; (2) methods that would generate a verifiable and auditable vote trail for the purposes of any recount or audit conducted with respect to an election; (3) a plan of action and milestones on steps that would need to be achieved prior to implementing end-to-end electronic voting services for absentee uniformed services voters; (4) an assessment of whether commercially available technologies may be used to carry out any of the elements of the plan; and (5) an assessment of the resources needed to implement the plan of action and milestones referred to in paragraph (3). (c) Consultation with State and local election officials \nThe Presidential designee shall conduct the study under subsection (a) in consultation with appropriate State and local election officials. (d) Use of contractors \nTo the extent the Presidential designee determines to be appropriate, the Presidential designee may include in the study conducted under subsection (a) an analysis of the potential use of contractors to provide voting services and how such contractors could be used to carry out the elements of the plan referred to in subsection (b)(3). (e) Briefing; report \n(1) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Presidential designee shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the interim results of the study conducted under subsection (a). (2) Report \nNot later than one year after the date of the enactment of this Act, the Presidential designee shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study conducted under subsection (a).", "id": "H391E918162D2448F88EA2F81974EC1CA", "header": "Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service" }, { "text": "1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment \nNot later than June 1, 2022, the Secretary of the Air Force shall submit to the congressional defense committees a report containing— (1) a strategy for the acquisition of combat rescue aircraft and equipment that aligns with the stated capability and capacity requirements of the Air Force; and (2) an analysis of how such strategy meets the requirements of the national defense strategy required under section 113(g) of title 10, United States Code.", "id": "H337D1496013D40D0A76415CEFE129082", "header": "Report on Air Force strategy for acquisition of combat rescue aircraft and equipment" }, { "text": "1081. Technical, conforming, and clerical amendments \n(a) Title 10, United States Code \nTitle 10, United States Code, is amended as follows: (1) The table of chapters at the beginning of part I of subtitle A is amended by striking the item relating to the second chapter 19 (relating to cyber matters). (2) The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 118 and inserting the following new item: 118. Materiel readiness metrics and objectives for major weapon systems.. (3) The second section 118a, as added by section 341 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 118b, and the table of sections at the beginning of chapter 2 of such title is conformed accordingly. (4) Section 138(b)(2)(A)(i) is amended by striking the semicolon. (5) Section 196(d) is amended by striking ,, and inserting ,. (6) Section 231a(e)(2) is amended by striking include the following, and inserting include. (7) Section 240b(b)(1)(B)(xiii) is amended by striking An and inserting A. (8) Section 240g(a)(3) is amended by striking ; and and inserting ;. (9) Section 393(b)(2)(D) is amended by inserting a period at the end. (10) Section 483(f)(3) is amended by inserting this before title. (11) Section 651(a) is amended by inserting a comma after 3806(d)(1)). (12) The table of sections at the beginning of chapter 39 is amended by adding a period at the end of the item relating to section 691. (13) Section 823(a)(2) (article 23(a)(2) of the Uniform Code of Military Justice) is amended by inserting a comma after Army. (14) Section 856(b) (article 56(b) of the Uniform Code of Military Justice) is amended by striking subsection (d) of section 853a and inserting subsection (c) of section 853a. (15) Section 1044e(g) is amended by striking number of Special Victims’ Counsel and inserting number of Special Victims’ Counsels. (16) The table of sections at the beginning of chapter 54 is amended by striking the item relating to section 1065 and inserting the following new item: 1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers.. (17) Section 1463(a)(4) is amended by striking that that and inserting that. (18) Section 1465(b)(2) is amended by striking the the and inserting the. (19) Section 1466(a) is amended, in the matter preceding paragraph (1), by striking Coast guard and inserting Coast Guard. (20) Section 1554a(g)(2) is amended by striking.. and inserting.. (21) Section 1599h is amended— (A) in subsection (a), by redesignating the second paragraph (7) and paragraph (8) as paragraphs (8) and (9), respectively; and (B) in subsection (b)(1), by redesignating the second subparagraph (G) and subparagraph (H) as subparagraphs (H) and (I), respectively. (22) Section 1705(a) is amended by striking a fund and inserting an account. (23) Section 1722a(a) is amended by striking ,, and inserting ,. (24) Section 1788a(e) is amended— (A) in paragraph (3), by striking section 167(i) and inserting section 167(j) ; (B) in paragraph (4), by striking covered personnel and inserting covered individuals ; and (C) in paragraph (5), in the matter preceding subparagraph (A), by striking covered personnel and inserting covered individuals. (25) The table of chapters at the beginning of part III of subtitle A is amended, in the item relating to chapter 113, by striking the period after 2200g. (26) Section 2107(a) is amended by striking or Space Force. (27) Section 2279b(b) is amended by redesignating the second paragraph (11) as paragraph (12). (28) Section 2321(f) is amended by striking the item both places it appears and inserting the commercial product. (29) The second section 2350m (relating to execution of projects under the North Atlantic Treaty Organization Security Investment Program), as added by section 2503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 2350q and the table of sections at the beginning of subchapter II of chapter 138 is conformed accordingly. (30) Section 2534(a) is amended— (A) in paragraph (3), by striking subsection (j) and inserting subsection (k) ; and (B) in paragraph (5), by striking principle and inserting principal. (31) Section 2891a(e)(1) is amended by striking the any and inserting the. (32) The table of sections at the beginning of chapter 871 is amended— (A) by striking the item relating to section 8749 and inserting the following new item: 8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard. ; and (B) by striking the item relating to section 8749a and inserting the following new item: 8749a. Civil service mariners of Military Sealift Command: alcohol testing.. (33) The second section 9084, as added by section 1601 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is transferred to appear after section 9085 and redesignated as section 9086, and the table of sections at the beginning of chapter 908 of such title is conformed accordingly. (34) The second section 9132 (relating to Regular Air Force and Regular Space Force: reenlistment after service as an officer) is redesignated as section 9138 (and the table of sections at the beginning of chapter 913 is conformed accordingly). (35) The section heading for section 9401 is amended to read as follows (and the table of sections at the beginning of chapter 951 is conformed accordingly): 9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals \n. (36) The section heading for section 9402 is amended to read as follows (and the table of sections at the beginning of chapter 951 is conformed accordingly): 9402. Enlisted members of Air Force or Space Force: schools \n. (37) Section 9840 is amended in the second sentence by striking He and inserting The officer. (b) NDAA for Fiscal Year 2021 \nEffective as of January 1, 2021, and as if included therein as enacted, section 1 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by inserting (a) In general.— before This Act ; and (2) by adding at the end the following: (b) References \nAny reference in this or any other Act to the National Defense Authorization Act for Fiscal Year 2021 shall be deemed to be a reference to the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.. (c) NDAA for Fiscal Year 2020 \nEffective as of December 20, 2019, and as if included therein as enacted, section 1739(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) is amended by striking VI and inserting VII. (d) Coordination With Other Amendments Made by This Act \nFor purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.", "id": "HF0A03C23E1CD46A48C8A673842310155", "header": "Technical, conforming, and clerical amendments" }, { "text": "9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals", "id": "H80799D4154934D7383491459C15A033D", "header": "Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals" }, { "text": "9402. Enlisted members of Air Force or Space Force: schools", "id": "HB3FC8B809EE147279C443FAADE5B803D", "header": "Enlisted members of Air Force or Space Force: schools" }, { "text": "1082. Modification to Regional Centers for Security Studies \n(a) In general \nSection 342(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Ted Stevens Center for Arctic Security Studies, established in 2021 and located in Anchorage, Alaska.. (b) Acceptance of gifts and donations \nSection 2611(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Ted Stevens Center for Arctic Security Studies..", "id": "HF095638572C348DBB8B458D604C3FC6A", "header": "Modification to Regional Centers for Security Studies" }, { "text": "1083. Improvement of transparency and congressional oversight of civil reserve air fleet \n(a) Definitions \n(1) Secretary \nParagraph (10) of section 9511 of title 10, United States Code, is amended to read as follows: (10) The term Secretary means the Secretary of Defense.. (2) Conforming amendments \nChapter 961 of title 10, United States Code, as amended by paragraph (1), is further amended— (A) in section 9511a by striking Secretary of Defense each place it appears and inserting Secretary ; (B) in section 9512(e), by striking Secretary of Defense and inserting Secretary ; and (C) in section 9515, by striking Secretary of Defense each place it appears and inserting Secretary. (b) Annual report on civil reserve air fleet \nSection 9516 of title 10, United States Code, is amended— (1) in subsection (d), by striking When the Secretary and inserting Subject to subsection (e), when the Secretary ; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: (e) Annual report \nNot later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that— (1) identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of subsection (a)(1); and (2) for each such contract— (A) specifies the dollar value of the award; and (B) provides a detailed explanation of the reasons for the award.. (c) Technical amendments \n(1) In general \nChapter 961 of title 10, United States Code, as amended by subsections (a) and (b), is further amended— (A) by redesignating sections 9511a and 9512 as sections 9512 and 9513, respectively; (B) in section 9511, by striking section 9512 each place it appears and inserting section 9513 ; and (C) in section 9514, by redesignating subsection (g) as subsection (f). (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by striking the items relating to sections 9511a and 9512 and inserting the following new items: 9512. Civil Reserve Air Fleet contracts: payment rate. 9513. Contracts for the inclusion or incorporation of defense features.. (d) Charter air transportation of members of the armed forces or cargo \n(1) In general \nSection 2640 of title 10, United States Code, is amended— (A) in the section heading, by inserting or cargo after armed forces ; (B) in subsection (a)(1), by inserting or cargo after members of the armed forces ; (C) in subsection (b), by inserting or cargo after members of the armed forces ; (D) in subsection (d)(1), by inserting or cargo after members of the armed forces ; (E) in subsection (e)— (i) by inserting or cargo after members of the armed forces ; and (ii) by inserting or cargo before the period at the end; (F) in subsection (f), by inserting or cargo after members of the armed forces ; and (G) in subsection (j)(1), by inserting cargo , after air transportation ,. (2) Clerical amendment \nThe table of sections at the beginning of chapter 157 of title 10, United States Code, is amended by striking the item relating to section 2640 and inserting the following new item: 2640. Charter air transportation of members of the armed forces or cargo..", "id": "H10D9E34EF1C44DFD943CA664F642CB7F", "header": "Improvement of transparency and congressional oversight of civil reserve air fleet" }, { "text": "1084. Observance of National Atomic Veterans Day \n(a) In general \nChapter 1 of title 36, United States Code, is amended by adding at the end the following new section: 146. National Atomic Veterans Day \nThe President shall issue each year a proclamation calling on the people of the United States to— (1) observe Atomic Veterans Day with appropriate ceremonies and activities; and (2) remember and honor the atomic veterans of the United States whose brave service and sacrifice played an important role in the defense of the Nation.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 146. National Atomic Veterans Day..", "id": "HD7AB6A56A9B6410D907B0F0ADB314495", "header": "Observance of National Atomic Veterans Day" }, { "text": "146. National Atomic Veterans Day \nThe President shall issue each year a proclamation calling on the people of the United States to— (1) observe Atomic Veterans Day with appropriate ceremonies and activities; and (2) remember and honor the atomic veterans of the United States whose brave service and sacrifice played an important role in the defense of the Nation.", "id": "H3E23D2B58BAF44198105818C4B956D9A", "header": "National Atomic Veterans Day" }, { "text": "1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations \nNot later than July 1, 2022, the Chairman of the Joint Chiefs of Staff shall update Joint Publication 3-68: Noncombatant Evacuation Operations.", "id": "H86440B80930145AB87BFD1DC41612219", "header": "Update of Joint Publication 3-68: Noncombatant Evacuation Operations" }, { "text": "1086. National Museum of the Surface Navy \n(a) Designation \nThe Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the National Museum of the Surface Navy. (b) Purposes \nThe purposes of the National Museum of the Surface Navy shall be to— (1) provide and support— (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the people of the United States understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.", "id": "HF7EB50ACCD41407D8F2D93CA80EBF7FC", "header": "National Museum of the Surface Navy" }, { "text": "1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport \nThe Secretary of Defense may establish a commemorative work on Federal land owned by the Department of Defense in the District of Columbia and its environs to commemorate the 13 members of the Armed Forces who died in the bombing attack on Hamid Karzai International Airport, Kabul, Afghanistan, on August 26, 2021.", "id": "H9C7DB5A53F0C43EE90DDE392A6298200", "header": "Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport" }, { "text": "1088. Treatment of operational data from Afghanistan \n(a) Sense of Congress \nIt is the sense of Congress that— (1) an immense amount of operational data and intelligence has been developed over the past two decades of war in Afghanistan; and (2) this information is valuable and must be appropriately retained. (b) Operational data \nThe Secretary of Defense shall— (1) archive and standardize operational data from Afghanistan across the myriad of defense information systems; and (2) ensure the Afghanistan operational data is structured, searchable, and usable across the joint force. (c) Briefing \nNot later than March 4, 2022, the Under Secretary of Defense for Intelligence and Security shall provide to the Committee on Armed Services of the House of Representatives a briefing on how the Department of Defense has removed, retained, and assured long-term access to operational data from Afghanistan across each military department and command. Such briefing shall address the manner in which the Department of Defense— (1) is standardizing and archiving intelligence and operational data from Afghanistan across the myriad of defense information systems; and (2) ensuring access to such data across the joint force.", "id": "HB9E12942570D4B9FBA8B8F22D2060C61", "header": "Treatment of operational data from Afghanistan" }, { "text": "1089. Responsibilities for national mobilization; personnel requirements \n(a) Executive agent for national mobilization \nThe Secretary of Defense shall designate a senior civilian official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for— (1) developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers to other persons inducted into the Armed Forces under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ); (2) providing Congress and the Selective Service System with updated requirements and timelines for obtaining inductees in the event of a national emergency requiring mass mobilization and induction of personnel under the Military Selective Service Act for training and service in the Armed Forces; and (3) providing Congress with a plan, developed in coordination with the Selective Service System, to induct large numbers of volunteers who may respond to a national call for volunteers during an emergency. (b) Report required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for obtaining inductees as part of a mobilization timeline for the Selective Service System. The plan shall include a description of resources, locations, and capabilities of the Armed Forces required to train, equip, and integrate personnel inducted into the Armed Forces under the Military Selective Service Act into the total force, addressing scenarios that would include 300,000, 600,000, and 1,000,000 new volunteer and other personnel inducted into the Armed Forces under the Military Selective Service Act. The plan may be provided in classified form.", "id": "H797B0FAFDF8942EB9E22B801801CD803", "header": "Responsibilities for national mobilization; personnel requirements" }, { "text": "1090. Independent assessment with respect to Arctic region \n(a) Independent assessment \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Commander of the United States Northern Command, in consultation and coordination with the Commander of the United States Indo-Pacific Command, the Commander of the United States European Command, the military services, and the defense agencies, shall complete an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives: (A) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region. (B) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region. (C) The reduction of the risk of executing operation and contingency plans of the Department of Defense. (D) To maximize execution of Department operation and contingency plans, in the event deterrence fails. (2) Elements \nThe assessment required by paragraph (1) shall include the following: (A) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by— (i) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the Armed Forces within the Arctic region, and scenarios that consider— (I) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region; (II) use of near-, mid-, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine; (III) supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units; (ii) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command; (iii) an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and (iv) any other matter the Commander of the United States Northern Command considers appropriate. (B) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis. (C) An assessment of capabilities requirements to achieve such objectives. (D) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (E) An assessment and identification of required infrastructure and military construction investments to achieve such objectives. (3) Report \n(A) In general \nUpon completion of the assessment required by paragraph (1), the Commander of the United States Northern Command shall submit to the Secretary of Defense a report on the assessment. (B) Submittal to Congress \nNot later than 30 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall provide to the congressional defense committees— (i) a copy of the report, in its entirety; and (ii) any additional analysis or information, as the Secretary considers appropriate. (C) Form \nThe report required by subparagraph (A), and any additional analysis or information provided under subparagraph (B)(i)(II), may be submitted in classified form, but shall include an unclassified summary. (b) Arctic Security Initiative \n(1) Plan \n(A) In general \nNot later than 30 days after the date on which the Secretary receives the report under subsection (a)(3)(A), the Secretary shall provide to the congressional defense committees a briefing on the plan to carry out a program of activities to enhance security in the Arctic region. (B) Objectives \nThe plan required by subparagraph (A) shall be— (i) consistent with the objectives described in paragraph (1) of subsection (a); and (ii) informed by the assessment required by that paragraph. (C) Activities \nThe plan shall include, as necessary, the following prioritized activities to improve the design and posture of the joint force in the Arctic region: (i) Modernize and strengthen the presence of the Armed Forces, including those with advanced capabilities. (ii) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel. (iii) Conduct exercises, wargames, education, training, experimentation, and innovation for the joint force. (iv) Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces. (2) Establishment \n(A) In general \nNot earlier than 30 days after the submittal of the plan required by paragraph (1), the Secretary may establish a program of activities to enhance security in the Arctic region, to be known as the Arctic Security Initiative (in this paragraph referred to as the Initiative ). (B) Five-year plan for the Initiative \n(i) In general \nIf the Initiative is established, the Secretary, in consultation with the Commander of the United States Northern Command, shall submit to the congressional defense committees a future years plan for the activities and resources of the Initiative that includes the following: (I) A description of the activities and resources for the first fiscal year beginning after the date on which the Initiative is established, and the plan for not fewer than the four subsequent fiscal years, organized by the activities described in paragraph (1)(C). (II) A summary of progress made toward achieving the objectives described in subsection (a)(1). (III) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve progress in reducing risk to the ability of the joint force to achieve objectives in the Arctic region, including, as appropriate, investments in— (aa) active and passive defenses against— (AA) manned aircraft, surface vessels, and submarines; (BB) unmanned naval systems; (CC) unmanned aerial systems; and (DD) theater cruise, ballistic, and hypersonic missiles; (bb) advanced long-range precision strike systems; (cc) command, control, communications, computers, intelligence, surveillance, and reconnaissance systems; (dd) training and test range capacity, capability, and coordination; (ee) dispersed resilient and adaptive basing to support distributed operations, including expeditionary airfields and ports, space launch facilities, and command posts; (ff) advanced critical munitions; (gg) pre-positioned forward stocks of fuel, munitions, equipment, and materiel; (hh) distributed logistics and maintenance capabilities; (ii) strategic mobility assets, including icebreakers; (jj) improved interoperability, logistics, transnational supply lines and infrastructure, and information sharing with allies and partners, including scientific missions; and (kk) information operations capabilities. (IV) A detailed timeline for achieving the requirements identified under subclause (III). (V) A detailed explanation of any significant modification to such requirements, as compared to— (aa) the assessment required by subsection (a)(1) for the first fiscal year; and (bb) the plans previously submitted for each subsequent fiscal year. (VI) Any other matter the Secretary considers necessary. (ii) Form \nA plan under clause (i) shall be submitted in unclassified form, but may include a classified annex.", "id": "H57BD0075615C4DFFBBAE1B1FF5FE51DF", "header": "Independent assessment with respect to Arctic region" }, { "text": "1091. National Security Commission on Emerging Biotechnology \n(a) Establishment \n(1) In general \nThere is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the National Security Commission on Emerging Biotechnology (in this section referred to as the Commission ). (2) Date of establishment \nThe date of establishment referred to in paragraph (1) is 30 days after the date of the enactment of this Act. (b) Membership \n(1) Number and appointment \nThe Commission shall be composed of 12 members appointed as follows: (A) Two members appointed by the Chair of the Committee on Armed Services of the Senate, one of whom is a Member of the Senate and one of whom is not. (B) Two members appointed by the ranking minority member of the Committee on Armed Services of the Senate, one of whom is a Member of the Senate and one of whom is not. (C) Two members appointed by the Chair of the Committee on Armed Services of the House of Representatives, one of whom is a Member of the House of Representatives and one of whom is not. (D) Two members appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives, one of whom is a Member of the House of Representatives and one of whom is not. (E) One member appointed by the Speaker of the House of Representatives. (F) One member appointed by the Minority Leader of the House of Representatives. (G) One member appointed by the Majority Leader of the Senate. (H) One member appointed by the Minority Leader of the Senate. (2) Deadline for appointment \nMembers shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2). (3) Effect of lack of appointment by appointment date \nIf one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (4) Qualifications \nThe members of the Commission who are not members of Congress and who are appointed under subsection (b)(1) shall be individuals from private civilian life who are recognized experts and have relevant professional experience in matters relating to— (A) emerging biotechnology and associated technologies; (B) use of emerging biotechnology and associated technologies by national policy makers and military leaders; or (C) the implementation, funding, or oversight of the national security policies of the United States. (c) Chair and vice chair \n(1) Chair \nThe Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Chair of the Commission. (2) Vice chair \nThe ranking minority member of the Committee on Armed Services of the Senate and the ranking minority member of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Vice Chair of the Commission. (d) Period of appointment and vacancies \nMembers shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. (e) Purpose \nThe purpose of the Commission is to examine and make recommendations with respect to emerging biotechnology as it pertains to current and future missions and activities of the Department of Defense. (f) Scope and duties \n(1) In general \nThe Commission shall carry out a review of advances in emerging biotechnology and associated technologies. In carrying out such review, the Commission shall consider the methods, means, and investments necessary to advance and secure the development of biotechnology, biomanufacturing, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States. (2) Scope of the review \nIn conducting the review described in this subsection, the Commission shall consider the following: (A) The global competitiveness of the United States in biotechnology, biomanufacturing, and associated technologies, including matters related to national security, defense, public-private partnerships, and investments. (B) Means, methods, and investments for the United States to maintain and protect a technological advantage in biotechnology, biomanufacturing, and associated technologies related to national security and defense. (C) Developments and trends in international cooperation and competitiveness, including foreign investments in biotechnology, biomanufacturing, and associated technologies that are scientifically and materially related to national security and defense. (D) Means by which to foster greater emphasis and investments in basic and advanced research to stimulate government, industry, academic and combined initiatives in biotechnology, biomanufacturing, and associated technologies, to the extent that such efforts have application scientifically and materially related to national security and defense. (E) Means by which to foster greater emphasis and investments in advanced development and test and evaluation of biotechnology-enabled capabilities to stimulate the growth of the United States bioeconomy and commercial industry, while also supporting and improving acquisition and adoption of biotechnologies for national security purposes. (F) Workforce and education incentives and programs to attract, recruit, and retain leading talent in fields relevant to the development and sustainment of biotechnology and biomanufacturing, including science, technology, engineering, data science and bioinformatics, and biology and related disciplines. (G) Risks and threats associated with advances in military employment of biotechnology and biomanufacturing. (H) Associated ethical, legal, social, and environmental considerations related to biotechnology, biomanufacturing, and associated technologies as it will be used for future applications related to national security and defense. (I) Means to establish international standards for the tools of biotechnology, biomanufacturing, related cybersecurity, and digital biosecurity. (J) Means to establish data sharing capabilities within and amongst government, industry, and academia to foster collaboration and accelerate innovation, while maintaining privacy and security for data as required for national security and personal protection purposes. (K) Consideration of the transformative potential and rapidly-changing developments of biotechnology and biomanufacturing innovation and appropriate mechanisms for managing such technology related to national security and defense. (L) Any other matters the Commission deems relevant to national security. (g) Commission report and recommendations \n(1) Final report \nNot later than 2 years after the Commission establishment date specified in subsection (a)(2), the Commission shall submit to the congressional defense committees and the President a final report on the findings of the Commission and such recommendations that the Commission may have for action by Congress and the Federal Government. (2) Interim report \nNot later than 1 year after the Commission establishment date specified in subsection (a)(2), the Commission shall submit to the congressional defense committees and the President an interim report on the status of the Commission’s review and assessment, including a discussion of any interim recommendations. (3) Form \nThe report submitted to Congress under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (h) Government cooperation \n(1) Cooperation \nIn carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense and other Federal departments and agencies in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison \nThe Secretary of Defense shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Detailees authorized \nThe Secretary of Defense and the heads of other departments and agencies of the Federal Government may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense and such other departments and agencies, without reimbursement. (4) Facilitation \n(A) Independent, nongovernment institute \nNot later than 45 days after the Commission establishment date specified in subsection (a)(2), the Secretary of Defense may make available to the Commission the services of an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. (B) Federally funded research and development center \nOn request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. (5) Expedition of security clearances \nThe Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances under processes developed for the clearance of legislative branch employees for any personnel appointed to the Commission by their respective offices of the Senate and House of Representatives and any personnel appointed by the Executive Director appointed under subsection (i). (6) Services \n(A) DOD services \nThe Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other agencies \nIn addition to any support provided under paragraph (1), the heads of other Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support as the heads of such departments and agencies determine advisable and as may be authorized by law. (i) Staff \n(1) Status as federal employees \nNotwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, any member of the Commission who is not a Member of Congress shall be considered to be a Federal employee. (2) Executive director \nThe Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay \nThe Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services \n(1) Authority to procure \nThe Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates \nThe daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts \nThe Commission may accept, use, and dispose of gifts or donations of services, goods, and property from nonfederal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, members of the Commission shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and House of Representatives. (l) Legislative advisory committee \nThe Commission shall operate as a legislative advisory committee. (m) Contracting authority \nThe Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (n) Use of government information \nThe Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (o) Postal services \nThe Commission may use the United States mail in the same manner and under the same conditions as Federal departments and agencies. (p) Space for use of commission \nNot later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (q) Removal of members \nA member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. (r) Termination \nThe Commission shall terminate 18 months after the date on which it submits the final report required by subsection (g).", "id": "HD793D588F4074691B5ECCA655924141F", "header": "National Security Commission on Emerging Biotechnology" }, { "text": "1092. Quarterly security briefings on Afghanistan \n(a) In general \nNot later than January 15, 2022, and every 90 days thereafter through December 31, 2025, the Under Secretary of Defense for Policy, in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense committees an unclassified and classified briefing on the security situation in Afghanistan and ongoing Department of Defense efforts to counter terrorist groups in Afghanistan. (b) Elements \nEach briefing required by subsection (a) shall include an assessment of each of the following: (1) The security situation in Afghanistan. (2) The disposition of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, including the respective sizes and geographic areas of control of each such group. (3) The international terrorism ambitions and capabilities of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, and the extent to which each such group poses a threat to the United States and its allies. (4) The capability and willingness of the Taliban to counter the Islamic State of Khorasan. (5) The capability and willingness of the Taliban to counter al-Qaeda. (6) The extent to which the Taliban have targeted, and continue to target, Afghan nationals who assisted the United States and coalition forces during the United States military operations in Afghanistan between 2001 and 2021. (7) Basing, overflight, or other cooperative arrangements between the United States and regional partners as part of the over-the-horizon counterterrorism posture for Afghanistan. (8) The capability and effectiveness of the over-the-horizon counterterrorism posture of the United States for Afghanistan. (9) The disposition of United States forces in the area of operations of United States Central Command, including the force posture and associated capabilities to conduct operations in Afghanistan. (10) The activities of regional actors as they relate to promoting stability and countering threats from terrorist groups in Afghanistan, including— (A) military operations conducted by foreign countries in the region as such operations relate to Afghanistan; (B) the capabilities of the militaries of foreign countries to execute operations in Afghanistan; and (C) the relationships between the militaries of foreign countries and the Taliban or foreign terrorist organizations inside Afghanistan. (11) Any other matter the Under Secretary considers appropriate.", "id": "H76B2D82CC9614ADE9FDFA390A90F4FE9", "header": "Quarterly security briefings on Afghanistan" }, { "text": "1093. Transition of funding for non-conventional assisted recovery capabilities \n(a) Plan required \n(1) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to transition the funding of non-conventional assisted recovery capabilities from the authority provided under section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4578) to the authority provided under section 127f of title 10, United States Code. (2) Elements \nThe plan required by paragraph (1) shall include the following: (A) An identification of the non-conventional assisted recovery capabilities to be transitioned to the authority provided by such section 127f. (B) An identification of any legislative changes to such section 127f necessary to accommodate the transition of capabilities currently funded under such section 943. (C) A description of the manner in which the Secretary plans to ensure appropriate transparency of activities for non-conventional assisted recovery capabilities, and related funding, in the annual report required under subsection (e) of such section 127f. (D) Any other matter the Secretary considers relevant. (b) Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment \nSection 127f of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Non-Conventional assisted recovery capabilities \nFunding used to establish, develop, and maintain non-conventional assisted recovery capabilities under this section may only be obligated and expended with the concurrence of the relevant Chief of Mission or Chiefs of Mission..", "id": "HC1053DBC694C4AEBABFCC207EBCE9E73", "header": "Transition of funding for non-conventional assisted recovery capabilities" }, { "text": "1094. Afghanistan War Commission Act of 2021 \n(a) Short title \nThis section may be cited as the Afghanistan War Commission Act of 2021. (b) Definitions \nIn this section: (1) The term applicable period means the period beginning June 1, 2001, and ending August 30, 2021. (2) The term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Armed Services of the House of Representatives; (F) the Committee on Foreign Affairs of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives. (3) The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (c) Establishment of Commission \n(1) Establishment \nThere is established in the legislative branch an independent commission to be known as the Afghanistan War Commission (in this section referred to as the Commission ). (2) Membership \n(A) Composition \nThe Commission shall be composed of 16 members of whom— (i) 1 shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (ii) 1 shall be appointed by the ranking member of the Committee on Armed Services of the Senate; (iii) 1 shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; (iv) 1 shall be appointed by the ranking member of the Committee on Armed Services of the House of Representatives; (v) 1 shall be appointed by the Chairman of the Committee on Foreign Relations of the Senate; (vi) 1 shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate; (vii) 1 shall be appointed by the Chairman of the Committee on Foreign Affairs of the House of Representatives; (viii) 1 shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives; (ix) 1 shall be appointed by the Chairman of the Select Committee on Intelligence of the Senate; (x) 1 shall be appointed by the Vice Chairman of the Select Committee on Intelligence of the Senate. (xi) 1 shall be appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives; (xii) 1 shall be appointed by the ranking member of the Permanent Select Committee on Intelligence of the House of Representatives; (xiii) 1 shall be appointed by the Majority leader of the Senate; (xiv) 1 shall be appointed by the Minority leader of the Senate; (xv) 1 shall be appointed by the Speaker of the House of Representatives; and (xvi) 1 shall be appointed by the Minority Leader of the House of Representatives. (B) Qualifications \nIt is the sense of Congress that each member of the Commission appointed under subparagraph (A) should— (i) have significant professional experience in national security, such as a position in— (I) the Department of Defense; (II) the Department of State; (III) the intelligence community; (IV) the United States Agency for International Development; or (V) an academic or scholarly institution; and (ii) be eligible to receive the appropriate security clearance to effectively execute their duties. (C) Prohibitions \nA member of the Commission appointed under subparagraph (A) may not— (i) be a current member of Congress; (ii) be a former member of Congress who served in Congress after January 3, 2001; (iii) be a current or former registrant under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ); (iv) have previously investigated Afghanistan policy or the war in Afghanistan through employment in the office of a relevant inspector general; (v) have been the sole owner or had a majority stake in a company that held any United States or coalition defense contract providing goods or services to activities by the United States Government or coalition in Afghanistan during the applicable period; or (vi) have served, with direct involvement in actions by the United States Government in Afghanistan during the time the relevant official served, as— (I) a cabinet secretary or national security adviser to the President; or (II) a four-star flag officer, Under Secretary, or more senior official in the Department of Defense or the Department of State. (D) Date \n(i) In general \nThe appointments of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act. (ii) Failure to make appointment \nIf an appointment under subparagraph (A) is not made by the appointment date specified in clause (i)— (I) the authority to make such appointment shall expire; and (II) the number of members of the Commission shall be reduced by the number equal to the number of appointments not made. (3) Period of appointment; vacancies \n(A) In general \nA member of the Commission shall be appointed for the life of the Commission. (B) Vacancies \nA vacancy in the Commission— (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment. (4) Meetings \n(A) Initial meeting \nNot later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. (B) Frequency \nThe Commission shall meet at the call of the Co-Chairpersons. (C) Quorum \nA majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (5) Co-Chairpersons \nCo-Chairpersons of the Commission shall be selected by the Leadership of the Senate and the House of Representatives as follows: (A) 1 Co-Chairperson selected by the Majority Leader of the Senate and the Speaker of the House of Representatives from the members of the Commission appointed by chairpersons of the appropriate congressional committees, the Majority Leader of the Senate, and the Speaker of the House of Representatives; and (B) 1 Co-Chairperson selected by the Minority Leader of the Senate and the Minority Leader of the House of Representatives from the members of the Commission appointed by the ranking members of the appropriate congressional committees, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. (d) Purpose of Commission \nThe purpose of the Commission is— (1) to examine the key strategic, diplomatic, and operational decisions that pertain to the war in Afghanistan during the relevant period, including decisions, assessments, and events that preceded the war in Afghanistan; and (2) to develop a series of lessons learned and recommendations for the way forward that will inform future decisions by Congress and policymakers throughout the United States Government. (e) Duties of Commission \n(1) Study \n(A) In general \nThe Commission shall conduct a thorough study of all matters relating to combat operations, reconstruction and security force assistance activities, intelligence activities, and diplomatic activities of the United States pertaining to the Afghanistan during the period beginning June 1, 2001, and ending August 30, 2021. (B) Matters Studied \nThe matters studied by the Commission shall include— (i) for the time period specified under subparagraph (A)— (I) the policy objectives of the United States Government, including— (aa) military objectives; (bb) diplomatic objectives; and (cc) development objectives; (II) significant decisions made by the United States, including the development of options presented to policymakers; (III) the efficacy of efforts by the United States Government in meeting the objectives described in clause (i), including an analysis of— (aa) military efforts; (bb) diplomatic efforts; (cc) development efforts; and (dd) intelligence efforts; and (IV) the efficacy of counterterrorism efforts against al Qaeda, the Islamic State Khorasan Province, and other foreign terrorist organizations in degrading the will and capabilities of such organizations— (aa) to mount external attacks against the United States or its allies and partners; or (bb) to threaten stability in Afghanistan, neighboring countries, and the region; (ii) the efficacy of metrics, measures of effectiveness, and milestones used to assess progress of diplomatic, military, and intelligence efforts; (iii) the efficacy of interagency planning and execution process by the United States Government; (iv) factors that led to the collapse of the Afghan National Defense Security Forces in 2021, including— (I) training and mentoring from the institutional to the tactical levels within the Afghan National Defense Security Forces; (II) assessment methodologies, including any transition from different methodologies and the consistency of implementation and reporting; (III) the determination of how to establish and develop the Afghan National Defense Security Forces, including the Afghan Air Force, and what determined the security cooperation model used to build such force; (IV) reliance on technology and logistics support; (V) corruption; and (VI) reliance on warfighting enablers provided by the United States; (v) the challenges of corruption across the entire spectrum of the Afghan Government and efficacy of counter-corruption efforts to include linkages to diplomatic lines of effort, linkages to foreign and security assistance, and assessment methodologies; (vi) the efficacy of counter-narcotic efforts to include alternative livelihoods, eradication, interdiction, and education efforts; (vii) the role of countries neighboring Afghanistan in contributing to the stability or instability of Afghanistan; (viii) varying diplomatic approaches between Presidential administrations; (ix) the extent to which the intelligence community did or did not fail to provide sufficient warning about the probable outcomes of a withdrawal of coalition military personnel from Afghanistan, including as it relates to— (I) the capability and sustainability of the Afghanistan National Defense Security Forces; (II) the sustainability of the Afghan central government, absent coalition support; (III) the extent of Taliban control over Afghanistan over time with respect to geographic territory, population centers, governance, and influence; and (IV) the likelihood of the Taliban regaining control of Afghanistan at various levels of United States and coalition support, including the withdrawal of most or all United States or coalition support; (x) the extent to which intelligence products related to the state of the conflict in Afghanistan and the effectiveness of the Afghanistan National Defense Security Forces complied with intelligence community-wide analytic tradecraft standards and fully reflected the divergence of analytic views across the intelligence community; (xi) an evaluation of whether any element of the United States Government inappropriately restricted access to data from elements of the intelligence community, Congress, or the Special Inspector General for Afghanistan Reconstruction (SIGAR) or any other oversight body such as other inspectors general or the Government Accountability Office, including through the use of overclassification; and (xii) the extent to which public representations of the situation in Afghanistan before Congress by United States Government officials differed from the most recent formal assessment of the intelligence community at the time those representations were made. (2) Report required \n(A) In general \n(i) Annual report \n(I) In general \nNot later than 1 year after the date of the initial meeting of the Commission, and annually thereafter, the Commission shall submit to the appropriate congressional committees a report describing the progress of the activities of the Commission as of the date of such report, including any findings, recommendations, or lessons learned endorsed by the Commission. (II) Addenda \nAny member of the Commission may submit an addendum to a report required under subclause (I) setting forth the separate views of such member with respect to any matter considered by the Commission. (III) Briefing \nOn the date of the submission of each report, the Commission shall brief Congress. (ii) Final report \n(I) Submission \nNot later than 3 years after the date of the initial meeting of the Commission, the Commission shall submit to Congress a report that contains a detailed statement of the findings, recommendations, and lessons learned endorsed by the Commission. (II) Addenda \nAny member of the Commission may submit an addendum to the report required under subclause (I) setting forth the separate views of such member with respect to any matter considered by the Commission. (III) Extension \nThe Commission may submit the report required under subclause (I) at a date that is not more than 1 year later than the date specified in such clause if agreed to by the chairperson and ranking member of each of the appropriate congressional committees. (B) Form \nThe report required by paragraph (1)(B) shall be submitted and publicly released on a Government website in unclassified form but may contain a classified annex. (C) Subsequent reports on declassification \n(i) In general \nNot later than 4 years after the date that the report required by subparagraph (A)(ii) is submitted, each relevant agency of jurisdiction shall submit to the committee of jurisdiction a report on the efforts of such agency to declassify such annex. (ii) Contents \nEach report required by clause (i) shall include— (I) a list of the items in the classified annex that the agency is working to declassify at the time of the report and an estimate of the timeline for declassification of such items; (II) a broad description of items in the annex that the agency is declining to declassify at the time of the report; and (III) any justification for withholding declassification of certain items in the annex and an estimate of the timeline for declassification of such items. (f) Powers of Commission \n(1) Hearings \nThe Commission may hold such hearings, take such testimony, and receive such evidence as the Commission considers necessary to carry out its purpose and functions under this section. (2) Assistance from Federal agencies \n(A) Information \n(i) In general \nThe Commission may secure directly from a Federal department or agency such information as the Commission considers necessary to carry out this section. (ii) Furnishing information \nUpon receipt of a written request by the Co-Chairpersons of the Commission, the head of the department or agency shall expeditiously furnish the information to the Commission. (B) Space for Commission \n(i) In general \nNot later than 30 days after the date of the enactment of this Act, the Architect of the Capitol, in consultation with the Commission, shall identify suitable space to house the operations of the Commission, which shall include— (I) a dedicated sensitive compartmented information facility or access to a sensitive compartmented information facility; and (II) the ability to store classified documents. (ii) Authority to lease \nIf the Architect of the Capitol is not able to identify space in accordance with clause (i) within the 30-day period specified in clause (i), the Commission may lease space to the extent that funds are available for such purpose. (C) Compliance by intelligence community \nElements of the intelligence community shall respond to requests submitted pursuant to paragraph (2) in a manner consistent with the protection of intelligence sources and methods. (3) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts \nThe Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate. (5) Ethics \n(A) In general \nThe members and employees of the Commission shall be subject to the ethical rules and guidelines of the Senate. (B) Reporting \nFor purposes of title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), each member and employee of the Commission— (i) shall be deemed to be an officer or employee of the Congress (as defined in section 109(13) of such title); and (ii) shall file any report required to be filed by such member or such employee (including by virtue of the application of subsection (g)(1)) under title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) with the Secretary of the Senate. (g) Commission personnel matters \n(1) Compensation of members \nA member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Travel expenses \nA member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff \n(A) Status as federal employees \nNotwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (B) Executive director \nThe Co-Chairpersons of the Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (C) Pay \nThe Executive Director, with the approval of the Co-Chairpersons of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (D) Security clearances \nAll staff must have or be eligible to receive the appropriate security clearance to conduct their duties. (4) Detail of government employees \nA Federal Government employee, with the appropriate security clearance to conduct their duties, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services \nThe Co-Chairpersons of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (6) Pay \nThe pay of each employee of the Commission and any member of the Commission who receives pay in accordance with paragraph (1) shall be disbursed by the Secretary of the Senate. (h) Termination of Commission \nThe Commission shall terminate 90 days after the date on which the Commission submits the report required under subsection (e)(2)(A)(ii).", "id": "H8EAAF7432ED24A049CFF9B808FCAF6F6", "header": "Afghanistan War Commission Act of 2021" }, { "text": "1095. Commission on the National Defense Strategy \n(a) Establishment \n(1) In general \nThere is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the Commission on the National Defense Strategy for the United States (in this subtitle referred to as the Commission ). (2) Date of establishment \nThe date of establishment referred to in paragraph (1) is the date that is not later than 30 days after the date on which the Secretary of Defense provides a national defense strategy as required by section 113(g) of title 10, United States Code. (b) Membership \n(1) Number and appointment \nThe Commission shall be composed of 8 members from private civilian life who are recognized experts in matters relating to the national security of the United States. The members shall be appointed as follows: (A) The Majority Leader of the Senate shall appoint 1 member. (B) The Minority Leader of the Senate shall appoint 1 member. (C) The Speaker of the House of Representatives shall appoint 1 member. (D) The Minority Leader of the House of Representatives shall appoint 1 member. (E) The Chair of the Committee on Armed Services of the Senate shall appoint 1 member. (F) The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member. (G) The Chair of the Committee on Armed Services of the House of Representatives shall appoint 1 member. (H) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member. (2) Deadline for appointment \nMembers shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2). (3) Effect of lack of appointment by appointment date \nIf one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (c) Chair and vice chair \n(1) Chair \nThe Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives, with the concurrence of the Majority Leader of the Senate and the Speaker of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Chair of the Commission. (2) Vice chair \nThe Ranking Member of the Committee on Armed Services of the Senate and the Ranking Member of the Committee on Armed Services of the House of Representatives, with the concurrence of the Minority Leader of the Senate and the Minority Leader of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Vice Chair of the Commission. (d) Period of appointment and vacancies \nMembers shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made. (e) Purpose \nThe purpose of the Commission is to examine and make recommendations with respect to the national defense strategy for the United States. (f) Scope and duties \nIn order to provide the fullest understanding of the matters required under subsection (e), the Commission shall perform the following duties: (1) National defense strategy review \nThe Commission shall review the most recent national defense strategy of the United States including the assumptions, strategic objectives, priority missions, major investments in defense capabilities, force posture and structure, operational concepts, and strategic and military risks associated with the strategy. (2) Assessment \nThe Commission shall conduct a comprehensive assessment of the strategic environment to include the threats to the national security of the United States, including both traditional and non-traditional threats, the size and shape of the force, the readiness of the force, the posture, structure, and capabilities of the force, allocation of resources, and the strategic and military risks in order to provide recommendations on the national defense strategy for the United States. (g) Commission report and recommendations \n(1) Report \nNot later than one year after the Commission establishment date specified under subsection (a)(2), the Commission shall transmit to the President and Congress a report containing the review and assessment conducted under subsection (f), together with any recommendations of the Commission. The report shall include the following elements: (A) An appraisal of the strategic environment, including an examination of the traditional and non-traditional threats to the United States, and the potential for conflicts arising from such threats and security challenges. (B) An evaluation of the strategic objectives of the Department of Defense for near-peer competition in support of the national security interests of the United States. (C) A review of the military missions for which the Department of Defense should prepare, including missions that support the interagency and a whole-of-government strategy. (D) Identification of any gaps or redundancies in the roles and missions assigned to the Armed Forces necessary to carry out military missions identified in subparagraph (C), as well as the roles and capabilities provided by other Federal agencies and by allies and international partners. (E) An assessment of how the national defense strategy leverages other elements of national power across the interagency to counter near-peer competitors. (F) An evaluation of the resources necessary to support the strategy, including budget recommendations. (G) An examination of the Department’s efforts to develop new and innovative operational concepts to enable the United States to more effectively counter near-peer competitors. (H) An analysis of the force planning construct, including— (i) the size and shape of the force; (ii) the posture, structure, and capabilities of the force; (iii) the readiness of the force; (iv) infrastructure and organizational adjustments to the force; (v) modifications to personnel requirements, including professional military education; and (vi) other elements of the defense program necessary to support the strategy. (I) An assessment of the risks associated with the strategy, including the relationships and tradeoffs between missions, risks, and resources. (J) Any other elements the Commission considers appropriate. (2) Interim briefings \n(A) Not later than 180 days after the Commission establishment date specified in subsection (a)(2), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of its review and assessment to include a discussion of any interim recommendations. (B) At the request of the Chair and Ranking Member of the Committee on Armed Services of the Senate, or the Chair and Ranking Member of the Committee on Armed Services of the House of Representatives, the Commission shall provide the requesting Committee with interim briefings in addition to the briefing required by subparagraph (2)(A). (3) Form \nThe report submitted to Congress under paragraph (1) of this subsection shall be submitted in unclassified form, but may include a classified annex. (h) Government cooperation \n(1) Cooperation \nIn carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison \nThe Secretary shall designate at least 1 officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Detailees authorized \nThe Secretary may provide, and the commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. (4) Facilitation \n(A) Independent, non-government institute \nNot later than 45 days after the Commission establishment date specified in subparagraph (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, non-governmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. (B) Federally funded research and development center \nOn request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. (5) Expedition of security clearances \nThe Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the commission by their respective Senate and House offices under processes developed for the clearance of legislative branch employees. (i) Staff \n(1) Status as Federal employees \nNotwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Executive director \nThe Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay \nThe Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services \n(1) Authority to procure \nThe Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates \nThe daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts \nThe Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the United States Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. (l) Funding \nOf the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $5,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended. (m) Legislative advisory committee \nThe Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). (n) Contracting authority \nThe Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (o) Use of government information \nThe Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (p) Postal services \nThe Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (q) Space for use of commission \nNot later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (r) Removal of members \nA member may be removed from the commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal, voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this section shall not affect the powers of the commission, and shall be filled in the same manner as the original appointment was made. (s) Termination \nThe Commission shall terminate 90 days after the date on which it submits the report required by subsection (g).", "id": "H5E84F902B8F44A93A9FEE39642970000", "header": "Commission on the National Defense Strategy" }, { "text": "1101. Amendment to diversity and inclusion reporting \nSection 113 of title 10, United States Code, as amended by section 551 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (1) in subsection (c)(2), by inserting of members and civilian employees after inclusion ; (2) in subsection (l)— (A) in paragraph (1)— (i) in subparagraph (A), by striking ; and and inserting a semicolon; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following new subparagraph (B): (B) efforts to reflect, across the civilian workforce of the Department and of each armed force, the diversity of the population of the United States; and ; and (B) in paragraph (2)(B), by inserting and civilian employees of the Department after members of the armed forces ; and (3) in subsection (m)— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph (7): (7) The number of civilian employees of the Department, disaggregated by military department, gender, race, and ethnicity— (A) in each grade of the General Schedule; (B) in each grade of the Senior Executive Service; (C) paid at levels above grade GS-15 of the General Schedule but who are not members of the Senior Executive Service; (D) paid under the Federal Wage System, and (E) paid under alternative pay systems..", "id": "HE7C75DA0611E474D84B3FFC6BC7AD421", "header": "Amendment to diversity and inclusion reporting" }, { "text": "1102. Civilian personnel management \nSection 129(a) of title 10, United States Code, is amended— (1) in the first sentence, by striking primarily and inserting solely ; and (2) in the second sentence, by striking solely.", "id": "H526AAF3C2A9D4B71BCBC4155A269C2A7", "header": "Civilian personnel management" }, { "text": "1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense \nSection 1108(b)(1)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended to read as follows: (A) (i) at any defense industrial base facility (as that term is defined in section 2208(u)(3) of title 10, United States Code) that is part of the core logistics capabilities (as described in section 2464(a) of such title); or (ii) at any Major Range and Test Facility Base (as that term is defined in section 196(i) of such title); and.", "id": "HF4AD4E31880149C0BEC1D02198C3FB38", "header": "Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense" }, { "text": "1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies \nSection 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: (8) The Defense Institute of International Legal Studies..", "id": "HADF8E28571DC49408400E179AEE99E52", "header": "Authority to employ civilian faculty members at the Defense Institute of International Legal Studies" }, { "text": "1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense \nSection 1597(e) title 10, United States Code, is amended— (1) by striking the subsection heading and inserting Consideration of employee performance in reductions ; and (2) by striking be made primarily on the basis of and inserting , among other factors as determined by the Secretary, account for employee.", "id": "H28BC1A7095DE4D84B1B20639BDF60364", "header": "Consideration of employee performance in reductions in force for civilian positions in the Department of Defense" }, { "text": "1106. Repeal of 2-year probationary period \n(a) Repeal \n(1) In general \nEffective December 31, 2022, section 1599e of title 10, United States Code, is repealed. (2) Application \nThe modification of probationary periods for covered employees (as that term is defined in such section 1599e as in effect on the date immediately preceding the date of enactment of this Act) by operation of the amendment made by paragraph (1) shall only apply to an individual appointed as such an employee on or after the effective date specified in paragraph (1). (b) Technical and conforming amendments \n(1) Title 10 \nThe table of sections for chapter 81 of title 10, United States Code, is amended by striking the item relating to section 1599e. (2) Title 5 \nTitle 5, United States Code, is amended— (A) in section 3321(c), by striking , or any individual covered by section 1599e of title 10 ; (B) in section 3393(d), by striking the second sentence; (C) in section 7501(1), by striking , except as provided in section 1599e of title 10, ; (D) in section 7511(a)(1)(A)(ii), by striking except as provided in section 1599e of title 10, ; and (E) in section 7541(1)(A), by striking or section 1599e of title 10.", "id": "H82E5C4C2833045B1A2657F60B03894E8", "header": "Repeal of 2-year probationary period" }, { "text": "1107. Modification of DARPA personnel management authority to attract science and engineering experts \nSection 1599h(b) of title 10, United States Code, is amended— (1) in paragraph (2)— (A) by striking subparagraph (A) and inserting the following: (A) in the case of employees appointed pursuant to paragraph (1)(B)— (i) to any of 5 positions designated by the Director of the Defense Advanced Research Projects Agency for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5; and (ii) to any other position designated by the Director for purposes of this clause, at rates not in excess of the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3; ; and (B) in subparagraph (B), by striking and at the end; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by adding at the end the following: (4) during any fiscal year, pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5..", "id": "H6CEA882213A14EEFA460F967D571AEAA", "header": "Modification of DARPA personnel management authority to attract science and engineering experts" }, { "text": "1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels \nSection 5542(a)(6)(A) of title 5, United States Code, is amended— (1) by inserting outside the United States after temporary duty ; (2) by striking the nuclear aircraft carrier that is forward deployed in Japan and inserting naval vessels ; (3) by inserting of 1938 after Fair Labor Standards Act ; and (4) by striking the overtime and all that follows through the period at the end and inserting the employee shall be coded and paid overtime as if the employee’s exemption status under that Act is the same as it is at the employee’s permanent duty station..", "id": "H55DDB2EADD524647970FAEA2D5B0E794", "header": "Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels" }, { "text": "1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia \n(a) In general \nSection 5519 of title 5, United States Code, is amended by striking or (c). (b) Application \nThe amendment made by subsection (a) shall apply to any amounts credited, by operation of such section 5519, against the pay of an employee or individual described under section 6323(c) of such title on or after the date of enactment of this Act.", "id": "H2D3B1E88865A4D24AF43BBD3F58FBBC8", "header": "Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia" }, { "text": "1110. Treatment of hours worked under a qualified trade-of-time arrangement \nSection 5542 of title 5, United States Code, is amended by adding at the end the following: (h) (1) (A) Notwithstanding any other provision of this section or section 5545b, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section, including overtime pay under the Fair Labor Standards Act in accordance with subsection (c). (B) The Director of the Office of Personnel Management— (i) shall identify the situations in which a firefighter shall be deemed to have worked hours actually worked by a substituting firefighter under a qualified trade-of-time arrangement; and (ii) may adopt necessary policies governing the treatment of both a substituting and substituted firefighter under a qualified trade-of-time arrangement, without regard to how those firefighters would otherwise be treated under other provisions of law or regulation. (2) In this subsection— (A) the term firefighter means an employee— (i) the work schedule of whom includes 24-hour duty shifts; and (ii) who— (I) is a firefighter, as defined in section 8331(21) or 8401(14); (II) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would so qualify if such employee had transferred directly to such position after serving as a firefighter within the meaning of such section; (III) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(14)(A) and (B) for at least 3 years; and (IV) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subclause (I), (II), or (III) if the employee were subject to subchapter III of chapter 83 or chapter 84; and (B) the term qualified trade-of-time arrangement means an arrangement under which 2 firefighters who are subject to the supervision of the same fire chief agree, solely at their option and with the approval of the employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity..", "id": "H1E742AD61CF14005A57C6F51CAA32079", "header": "Treatment of hours worked under a qualified trade-of-time arrangement" }, { "text": "1111. Parental bereavement leave \n(a) In general \nSubchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329d. Parental bereavement leave \n(a) Definitions \nIn this section— (1) the terms employee and son or daughter have the meanings given those terms in section 6381; and (2) the term paid leave means, with respect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is otherwise entitled under law; or (C) credit for time or service. (b) Bereavement leave \n(1) In general \nSubject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee. (2) Limitation \nLeave under paragraph (1) may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. (3) Notice \nIn any case in which the necessity for leave under this subsection is foreseeable, the employee shall provide the employing agency with such notice as is reasonable and practicable.. (b) Technical and conforming amendment \nThe table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329d. Parental bereavement leave..", "id": "H8CBC5A3833094CF882696BD2D1B7379F", "header": "Parental bereavement leave" }, { "text": "6329d. Parental bereavement leave \n(a) Definitions \nIn this section— (1) the terms employee and son or daughter have the meanings given those terms in section 6381; and (2) the term paid leave means, with respect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is otherwise entitled under law; or (C) credit for time or service. (b) Bereavement leave \n(1) In general \nSubject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee. (2) Limitation \nLeave under paragraph (1) may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. (3) Notice \nIn any case in which the necessity for leave under this subsection is foreseeable, the employee shall provide the employing agency with such notice as is reasonable and practicable.", "id": "HC5FDDFDF3EBD445F9B2D2B51713C153A", "header": "Parental bereavement leave" }, { "text": "1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas \nSubsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4615), as most recently amended by section 1105 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking through 2021 and inserting through 2022.", "id": "HC818063EC76E497F8B7D4E3F1FEC2213", "header": "One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas" }, { "text": "1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel \nSection 1132 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.) is amended— (1) in subsection (a), by striking through 2021 and inserting through 2026 ; (2) by redesignating subsection (f) as subsection (h); and (3) by inserting after subsection (e) the following: (f) Data collection requirement \nThe Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of— (1) developing and sharing best practices; and (2) providing information to the leadership of the Department and Congress on the implementation of the pilot program and related policy issues. (g) Briefing \nNot later than 90 days after the end of each of fiscal years 2022 through 2026, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate including— (1) a description of the effect of this section on the management of civilian personnel at domestic defense industrial base facilities and Major Range and Test Facilities Base during the most recently ended fiscal year; and (2) the number of employees— (A) hired under such section during such fiscal year; and (B) expected to be hired under such section during the fiscal year in which the briefing is provided..", "id": "HBBB0C3CA05AE4F75804AA65AF45E09D1", "header": "Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel" }, { "text": "1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone \nParagraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 ( Public Law 109–234 ; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4616) and as most recently amended by section 1106 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking 2022 and inserting 2023.", "id": "H5000DE31B4CD42979C94B470332B7BA7", "header": "One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone" }, { "text": "1115. Assessment of Accelerated Promotion Program suspension \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall conduct an assessment of the impacts resulting from the Navy’s suspension in 2016 of the Accelerated Promotion Program (in this section referred to as the APP ). The Inspector General may consult with the Secretary of the Navy in carrying out such assessment, but the Navy may not play any other role in such assessment. (b) Elements \nThe assessment required under subsection (a) shall include the following elements: (1) An identification of the employees who were hired at the four public shipyards between January 23, 2016, and December 22, 2016, covering the period in which APP was suspended, and who would have otherwise been eligible for APP had the program been in effect at the time they were hired. (2) An assessment for each employee identified in paragraph (1) to determine the difference between wages earned from the date of hire to the date on which the wage data would be collected and the wages which would have been earned during this same period should that employee have participated in APP from the date of hire and been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension. (3) An assessment for each employee identified in paragraph (1) to determine at what grade and step each effected employee would be at on October 1, 2020, had that employee been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension. (4) An evaluation of existing authorities available to the Secretary to determine whether the Secretary can take measures using those authorities to provide the pay difference and corresponding interest, at a rate of the federal short–term interest rate plus 3 percent, to each effected employee identified in paragraph (2) and directly promote the employee to the grade and step identified in paragraph (3). (c) Report \nThe Inspector General of the Department of Defense shall submit, to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of the evaluation by not later than 270 days after the date of enactment of this Act, and shall provide interim briefings upon request.", "id": "H3376FCA1CC684418B8CA81C2100D415C", "header": "Assessment of Accelerated Promotion Program suspension" }, { "text": "1116. Increase in allowance based on duty at remote worksites \n(a) Assessment and rate \nNot later than March 31, 2022, the Director of the Office of Personnel Management shall complete an assessment of the remote site pay allowance under section 5942 of title 5, United States Code, and propose a new rate of such allowance, adjusted for inflation, and submit such assessment and rate to the President and to Congress. (b) Application \nBeginning on the first day of the first pay period beginning after the date the Director submits the assessment and rate under subsection (a), such rate shall, notwithstanding subsection (a) of such section 5942, be the rate of such allowance.", "id": "HA3C913F1DBD24A3BBF79CA537ED9530B", "header": "Increase in allowance based on duty at remote worksites" }, { "text": "1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees \n(a) In general \nExcept as provided in subsection (b), in addition to the prohibition set forth in section 208 of title 18, United States Code, an officer or employee of the Department of Defense may not knowingly participate personally and substantially in any particular matter involving specific parties where any of the following organizations is a party or represents a party to the matter: (1) Any organization, including a trade organization, for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 2 years. (2) Any organization with which the officer or employee is seeking employment. (b) Authorization \nAn agency designee may authorize the officer or employee to participate in a matter described in paragraph (a) based on a determination, made in light of all relevant circumstances, that the interest of the Government in the officer or employee's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs and operations. (c) Construction \nNothing in this section shall be construed to terminate, alter, or make inapplicable any other prohibition or limitation in law or regulation on the participation of officers or employees of the Department of Defense in particular matters having an effect on their or related financial or other personal interests.", "id": "HE666C4AEC5F44EB099281E4527C32B89", "header": "Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees" }, { "text": "1118. Occupational series for digital career fields \nNot later than 270 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall, pursuant to chapter 51 of title 5, United States Code, establish or update one or more occupational series covering Federal Government positions in the fields of software development, software engineering, data science, and data management.", "id": "HA25B128914EE4B5287C6EF646B1B6A10", "header": "Occupational series for digital career fields" }, { "text": "1201. Administrative support and payment of certain expenses for covered foreign defense personnel \n(a) In general \nSubchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section: 334. Administrative support and payment of certain expenses for covered foreign defense personnel \n(a) In general \nThe Secretary of Defense may— (1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and (2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are— (A) from a developing country; and (B) assigned to the headquarters of the United Nations Command. (b) Types of expenses \nThe types of expenses that may be paid under the authority of subsection (a)(2) are the following: (1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel. (2) Personal expenses directly related to carrying out such duties. (3) Expenses for medical care at a military medical facility. (4) Expenses for medical care at a civilian medical facility, if— (A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility; (B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and (C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement. (5) Mission-related travel expenses, if— (A) such travel is in direct support of the national interests of the United States; and (B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations. (c) Reimbursement \nThe Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement. (d) Definitions \nIn this section: (1) The term administrative services and support means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services. (2) The term covered foreign defense personnel means members of the military of a foreign country who are assigned to— (A) the United Nations Command; or (B) the Neutral Nations Supervisory Commission. (3) The term developing country has the meaning given the term in section 301(4) of this title. (4) The term Neutral Nations Supervisory Commission means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements. (5) The term United Nations Command means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard.. (b) Conforming amendment \nThe table of sections at the beginning of subchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new item: 334. Administrative support and payment of certain expenses for covered foreign defense personnel..", "id": "H71B0BF3994634CF8B1FCCAD0C75E791B", "header": "Administrative support and payment of certain expenses for covered foreign defense personnel" }, { "text": "334. Administrative support and payment of certain expenses for covered foreign defense personnel \n(a) In general \nThe Secretary of Defense may— (1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and (2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are— (A) from a developing country; and (B) assigned to the headquarters of the United Nations Command. (b) Types of expenses \nThe types of expenses that may be paid under the authority of subsection (a)(2) are the following: (1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel. (2) Personal expenses directly related to carrying out such duties. (3) Expenses for medical care at a military medical facility. (4) Expenses for medical care at a civilian medical facility, if— (A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility; (B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and (C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement. (5) Mission-related travel expenses, if— (A) such travel is in direct support of the national interests of the United States; and (B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations. (c) Reimbursement \nThe Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement. (d) Definitions \nIn this section: (1) The term administrative services and support means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services. (2) The term covered foreign defense personnel means members of the military of a foreign country who are assigned to— (A) the United Nations Command; or (B) the Neutral Nations Supervisory Commission. (3) The term developing country has the meaning given the term in section 301(4) of this title. (4) The term Neutral Nations Supervisory Commission means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements. (5) The term United Nations Command means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard.", "id": "H7059A26592904CFBA0EF8A54CC701A59", "header": "Administrative support and payment of certain expenses for covered foreign defense personnel" }, { "text": "1202. Authority for certain reimbursable interchange of supplies and services \nSection 2571 of title 10, United States Code, is amended— (1) by amending subsection (b) to read as follows: (b) (1) If its head approves, a department or organization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those departments or organizations, with or without reimbursement or transfer of funds. (2) Use of the authority under this section for reimbursable support is limited to support for the purpose of providing assistance to a foreign partner pursuant to section 333 and section 345 of this title. ; and (2) by adding at the end the following new subsection: (e) (1) An order placed by a department or organization on a reimbursable basis pursuant to subsection (b) shall be considered to be an obligation in the same manner as an order placed under section 6307 of title 41. (2) Amounts received as reimbursement shall be credited in accordance with section 2205 of this title to the appropriation of the supporting department or organization used in incurring the obligation in the year or years that support is provided..", "id": "H18993F2A8829414EACCC072181F3713A", "header": "Authority for certain reimbursable interchange of supplies and services" }, { "text": "1203. Extension of support of special operations for irregular warfare \nSection 1202(a) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1639) is amended by striking 2023 and inserting 2025.", "id": "HC3EE50955BFA413994827291B6D32708", "header": "Extension of support of special operations for irregular warfare" }, { "text": "1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces \nSection 1205(f) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ) is amended— (1) in paragraph (1)— (A) by striking and 2020 and inserting , 2020, and 2022 ; and (B) by striking section 2282 of title 10, United States Code (as so added) and inserting subsections (a)(1) and (e)(7)(B) of section 333 of title 10, United States Code ; and (2) in paragraph (2)— (A) by redesignating subparagraph (E) as subparagraph (H); and (B) by inserting after subparagraph (D) the following: (E) An evaluation of coordination by the Department of Defense with foreign countries under the program or programs, as applicable. (F) A description and evaluation of the methodology used by the Department of Defense to evaluate the effectiveness of training under the program or programs. (G) An analysis of the methodology used by the Department of Defense to evaluate the effectiveness of the program or programs to develop the institutional capacity of the foreign countries..", "id": "H11CAEF33FDA34BD6B27F7EECDE198EDE", "header": "Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces" }, { "text": "1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security \n(a) Authority \nFor fiscal year 2022, the Secretary of Defense is authorized to pay for the travel, subsistence, and similar personnel expenses of the national security forces of a friendly foreign country to participate in the training program of the United States-Colombia Action Plan for Regional Security conducted at a facility in Colombia. (b) Notification \nNot later than 15 days before the exercise of the authority under subsection (a), the Secretary shall provide to the congressional defense committees a written notification that includes the following: (1) An identification of the foreign country, and the specific unit of the national security forces of such country, the capacity of which will be built by participating in such training program. (2) The amount of support to be provided under that subsection. (3) An identification of the United States equipment purchased or acquired by such foreign country, for the use of which training is being provided under such training program. (4) A description of the specific capabilities to be built through such training program with such support. (5) A detailed description of the manner in which building the capabilities of such country through such training program advances the national security interests of the United States. (6) A detailed assessment of the effectiveness of such training program in meeting Department of Defense requirements for building the capacity of such country. (c) Source of funds \nOf the amounts authorized to be appropriated for fiscal year 2022 for the Department of Defense for operation and maintenance, Defense-wide, the Secretary may obligate or expend not more than $2,000,000 to pay for expenses described in subsection (a) for such fiscal year. (d) Limitation \nThe provision of support under subsection (a) shall be subject to section 362 of title 10, United States Code.", "id": "H1AE4298893684191B99F554CBA3E1C79", "header": "Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security" }, { "text": "1206. Security cooperation strategy for certain combatant commands \n(a) In general \nThe Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a security cooperation strategy for each covered combatant command, which shall apply to the security cooperation programs and activities of the Department of Defense (as defined in section 301 of title 10, United States Code). (b) Elements \nThe strategy for each covered combatant command required by subsection (a) shall include the following: (1) A discussion of how the strategy will— (A) support and advance United States national security interests in strategic competition with near-peer rivals; (B) prioritize and build key capabilities of allied and partner security forces so as to enhance bilateral and multilateral interoperability and responsiveness; (C) prioritize and build the capabilities of foreign partner security forces to secure their own territory, including through operations against violent extremist groups; (D) promote and build institutional capabilities for observance of, and respect for— (i) the law of armed conflict; (ii) human rights and fundamental freedoms; (iii) the rule of law; and (iv) civilian control of the military; and (E) support the programs and activities of law enforcement and civilian agencies, as appropriate, to counter the threat of and reduce risks from illicit drug trafficking and other forms of transnational organized crime. (2) A statement of the security cooperation strategic objectives for— (A) the covered combatant command; and (B) the covered combatant command in conjunction with other covered combatant commands. (3) A description of the primary security cooperation lines of effort for achieving such strategic objectives, including prioritization of foreign partners within the covered combatant command. (4) A description of the Department of Defense authorities to be used for each such line of effort and the manner in which such authorities will contribute to achieving such strategic objectives. (5) A description of the institutional capacity-building programs and activities within the covered combatant command and an assessment of the manner in which such programs and activities contribute to achieving such strategic objectives. (6) A description of Department of Defense educational programs and institutions, and international institutions, relevant to the combatant command and an assessment of the manner in which such programs and institutions contribute to achieving such strategic objectives. (7) A discussion of the manner in which the development, planning, and implementation of programs or activities under Department of Defense security cooperation authorities are coordinated and deconflicted with security assistance and other assistance authorities of the Department of State and other civilian agencies. (c) Reports \n(1) Initial report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the security cooperation strategy for each covered combatant command developed under subsection (a). (2) Subsequent reports \nBeginning in fiscal year 2023, and annually thereafter through fiscal year 2027, concurrently with the submittal of the report required by section 386(a) of title 10, United States Code, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the implementation of the security cooperation strategy for each covered combatant command developed under subsection (a). (d) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Covered combatant command \nThe term covered combatant command means— (A) the United States European Command; (B) the United States Indo-Pacific Command; (C) the United States Central Command; (D) the United States Africa Command; (E) the United States Southern Command; and (F) the United States Northern Command.", "id": "H7AE7B9A079AE4D0A8061CA7851024A9F", "header": "Security cooperation strategy for certain combatant commands" }, { "text": "1207. Report on security cooperation programs \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report that— (1) reviews the existing requirements for conducting human rights training of foreign national security forces pursuant to security cooperation authorities under chapter 16 of title 10, United States Code; (2) reviews current Department of Defense practices and procedures for collecting data under such authorities for purposes of assessing, monitoring, and evaluating the effectiveness of such human rights training programs and assessing compliance with section 362 of title 10, United States Code; and (3) evaluates the effectiveness of human rights training described in paragraph (1) to contribute to United States national security objectives. (b) Matters to be included \nThe report required by subsection (a) may include recommendations for measures to improve the effectiveness of human rights training or to promote observation of and respect for human rights and fundamental freedoms, the rule of law, and civilian control of the military. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "H4EAE2D0390AA4D12B94A61809EABFD96", "header": "Report on security cooperation programs" }, { "text": "1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan \nIt is the sense of Congress that— (1) the servicemembers of the United States Armed Forces who served in Afghanistan represent the very best of the United States; (2) the service of those who returned home from war with wounds seen and unseen and those who died in defense of the Nation are not forgotten; (3) the United States honors these brave members of the Armed Forces and their families; and (4) the United States shall never forget the services they rendered and the sacrifices they and their families made in the defense of a grateful Nation.", "id": "HBAD6651A45A34E15A9B7DEA679C842A0", "header": "Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan" }, { "text": "1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations \nSection 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 393) is amended— (1) in subsection (a), by striking for the period beginning on October 1, 2020, and ending on December 31, 2021 and inserting for the period beginning on October 1, 2021, and ending on December 31, 2022 ; and (2) in subsection (d)— (A) by striking during the period beginning on October 1, 2020, and ending on December 31, 2021 and inserting during the period beginning on October 1, 2021, and ending on December 31, 2022 ; and (B) by striking $180,000,000 and inserting $60,000,000.", "id": "HDB967F3E48F94A0489AD80A9BBC9E1E8", "header": "Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations" }, { "text": "1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban \n(a) Prohibition \nNone of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available— (1) to provide any funds or resources to the Taliban; or (2) to conduct any military cooperation or sharing of military intelligence with the Taliban, unless the Secretary of Defense determines that such cooperation or sharing advances the national security interests of the United States. (b) Notification \n–— (1) Submission required \nIf the Secretary makes an affirmative determination described in subsection (1)(a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written description of the military cooperation or military intelligence that was shared with the Taliban pursuant to such determination, not later than 5 days after the date of such cooperation or sharing. The Secretary shall include with such description any other matter the Secretary determines relevant. (2) Form \nThe information described in paragraph (1) shall be submitted in an unclassified format and may include a classified annex.", "id": "HD93BE855BD8D429296D9043243BB6283", "header": "Prohibition on transfer of Department of Defense funds or resources to the Taliban" }, { "text": "1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan \nNone of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available for the operation of any aircraft of the Department of Defense to transport currency or other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any subsidiary, agent, or instrumentality of either the Taliban or the Islamic Emirate of Afghanistan.", "id": "HB91654EA0B014B5CB782D61ADB72FCDE", "header": "Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan" }, { "text": "1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces \nNone of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2022 may be used to remove from the website of the Department of Defense or any other agency publicly available accountings of military assistance provided to the Afghan security forces that was publicly available online as of July 1, 2021.", "id": "HC744454D2F55405BA48ED1F7BD9A568E", "header": "Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces" }, { "text": "1216. Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to appropriate congressional committees a joint report on the use of the Department of Defense Synchronized Predeployment and Operational Tracker database (in this section referred to as the SPOT database ) to verify the existence, for the purpose of determining eligibility for special immigrant visa (SIV) program, of— (1) Department of Defense contracts; (2) employment of Afghans who worked for the United States Government; and (3) biographic data. (b) Elements of joint report \nThe joint report required under subsection (a) shall— (1) evaluate the improvements in the SIV process following the use of the SPOT database to verify SIV applications, including the extent to which use of SPOT expedited SIV processing, reduced the risk of fraudulent documents, and the extent to which the SPOT database could be used for future SIV programs; (2) identify obstacles that persisted in documenting the identity and employment of locally employed staff and contractors after the use of the SPOT database in the SIV process; and (3) recommend the changes to the SPOT database that would be necessary to make it a centralized interagency database of personnel and employment data that can be used to adjudicate SIV eligibility for those employed under United States Government contracts, grants, or cooperative agreements. (c) Consultation \nFor the purposes of preparing the joint report required under this section, the Secretary of Defense and the Secretary of State shall consult with the Administrator of the United States Agency for International Development and the Secretary of Homeland Security. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.", "id": "H687EBE9817CF42B0B5E3A8932E1CB535", "header": "Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information" }, { "text": "1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Commander of United States Central Command, shall submit to the congressional defense committees a report regarding the covered United States equipment, property, and classified material and money in cash that was destroyed or abandoned in Afghanistan or removed from Afghanistan during the covered period. Such report shall include each of the following: (1) A determination of the value of the covered United States equipment, property, and classified material that was destroyed or abandoned, disaggregated by military department and itemized to the most specific feasible level. (2) An itemized list of destroyed or abandoned aircraft in Afghanistan and the location and condition of aircraft flown out of Afghanistan formerly possessed by the Afghan Air Force or the former government of Afghanistan. (3) An itemized list of destroyed or abandoned weapons, weapon systems, components of weapons or weapon systems, ammunition, explosives, missiles, ordnance, bombs, mines, or projectiles, disaggregated by military department. (4) For each item on a list referred to in paragraphs (2) and (3), an explanation of the legal authority relied upon to destroy or abandon that specific item. (5) An evaluation of the capabilities of the Taliban post-withdrawal as a result of their seizure of abandoned covered United States equipment, property, and classified material, including an evaluation of the capabilities of the Taliban post-withdrawal to monetize through the transfer of abandoned covered United States equipment, property, and classified material to adversaries of the United States. (6) An assessment of aircraft flown out of Afghanistan formerly possessed by the Afghan Air Force or the former government of Afghanistan that could be returned to the Taliban or to the Islamic Emirate of Afghanistan by other countries. (7) An assessment of the damage to the national security interests of the United States as a result of the destroyed or abandoned covered United States equipment, property, and classified material. (8) An assessment of the feasibility of disabling, destroying, recovering, or recapturing abandoned covered United States equipment, property, and classified material in and outside of Afghanistan and any plans to do so. (9) Available imagery or photography depicting the Taliban or other countries possessing abandoned covered United States equipment, property, and classified material. (b) Executive summary of report \nThe report required under subsection (a) shall include an executive summary of the report, which shall be unclassified and made publicly available. (c) Briefing \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense, the Secretaries of the military departments, and the Commander of United States Central Command shall provide to the congressional defense committees a briefing on the report required by this section. (d) Definitions \nIn this section: (1) Covered United States equipment, property, and classified material \nThe term covered United States equipment, property, and classified material means any of the following items formerly owned by the Government of the United States or provided by the United States to the former government or military of Afghanistan during the covered period: (A) Real property, including any lands, buildings, structures, utilities systems, improvements, and appurtenances, thereto, including equipment attached to and made part of buildings and structures, but not movable equipment. (B) Personal property, including property of any kind or any interest therein, except real property. (C) Equipment, including all nonexpendable items needed to outfit or equip an individual or organization. (D) Classified information, in any form, including official information that has been determined to require, in the interests of national security, protection against unauthorized disclosure and which has been so designated. (2) Covered period \nThe term covered period means the period beginning on February 29, 2020, and ending on the date of the enactment of this Act.", "id": "H68F23A9651574A7892F33F0481ECF5B5", "header": "Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan" }, { "text": "1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals \n(a) Extension \nSubsection (a) of section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 127 Stat. 3451) is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Notice before provision of assistance \nSubsection (b)(2) of such section is amended by striking subparagraph (A) and inserting the following: (A) not later than 15 days before the expenditure of each 25 percent of the total amount authorized to be appropriated in any fiscal year under this section; or. (c) Waiver authority \nSubsection (l) of such section is amended by adding at the end the following: (3) Waiver authority \n(A) In general \nThe President may waive the limitation under paragraph (1)(A) on a per project basis for the purposes of providing support authorized under subsection (a)(4) if the President— (i) determines that the waiver is in the national security interest of the United States; and (ii) submits to the appropriate congressional committees a notification of the exercise of the waiver. (B) Notice and wait \n(i) In general \nA project with respect to which the exercise of a waiver under subparagraph (A) applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by subparagraph (A)(ii). (ii) Matters to be included \nThe notification required by subparagraph (A)(ii) shall include the following: (I) A detailed plan and cost estimate for the project. (II) A certification by the President that facilities and activities relating to the project comply with— (aa) the law of armed conflict; (bb) internationally recognized human rights; (cc) the principle of non-refoulement; (dd) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and (ee) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). (III) An explanation of the national security interest addressed by the project. (iii) Appropriate congressional committees defined \nIn this subparagraph, the term appropriate congressional committees means— (I) the congressional defense committees; and (II) the Committee on Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (C) Update to plan and cost estimate \nUpon obligation of any funds to carry out a project with respect to which the exercise of a waiver under subparagraph (A) applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by subparagraph (B)(ii)(I). (D) Sunset \nThe waiver authority under this paragraph shall expire on December 31, 2022.. (d) Technical amendment \nThe table of contents for the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 127 Stat. 3293) is amended by striking the item relating to section 1209 and inserting the following: Sec. 1209. Authority to provide assistance to vetted Syrian groups and individuals..", "id": "HA242D92DD9AE48F5B770EA3D37E6AB62", "header": "Extension and modification of authority to provide assistance to vetted Syrian groups and individuals" }, { "text": "1222. Defense and diplomatic strategy for Syria \n(a) Report required \nNot later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State and in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report that contains a description of the United States defense and diplomatic strategy for Syria. (b) Elements \nThe report required by subsection (a) shall include the following elements: (1) A United States diplomatic strategy for Syria, including a description of the desired diplomatic objectives for advancing United States national interests in Syria, desired end-goals, and a description of the intended diplomatic and related foreign policy means to achieve such objectives, including engagement with key foreign actors operating in Syria such as Russia and Turkey. (2) A United States defense strategy for Syria, including a description of the security objectives the United States aims to achieve, including the objectives and desired end-state for the United States military presence in northeast Syria, envisioned transition timeline for security responsibilities to the Syrian Democratic Forces (SDF), and status of remaining ISIS elements, strategy to mitigate Turkish-SDF tensions, and a long-term approach to managing the threat of Iranian-aligned militias and forces operating in Syria to United States partners and interests. (3) A description of United States strategy and objectives for United States military support to and coordination with the Jaysh Maghawir al-Thawra (“MaT”) including transition plan and operational needs in and around Al-Tanf. (4) A plan for enduring security of ISIS detainees currently held in SDF secured facilities (including so-called “third country fighters” as well as Iraqi and Syrian national ISIS detainees) accounting for security of personnel and facilities involved. (5) A diplomatic strategy for securing the repatriation of remaining ISIS “third country fighters” to countries of origin, including a comprehensive breakdown of each country of origin and number of detainees yet to be repatriated. (6) A plan for the resettlement and disposition of ISIS connected women and children in remaining detention facilities, including roles and responsibilities of counter-ISIS coalition partners. (7) A detailed assessment of the security and humanitarian situation at the internally displaced persons camp at Rukban, including an overview of international efforts to reduce the camp’s population and United States policy options to ameliorate the situation. (8) A plan for diplomatic and humanitarian engagement with regional partners and multilateral institutions to ensure successful and safe delivery of continued humanitarian assistance to non-regime held areas of Syria. (9) An assessment of United States efforts to prevent normalization and rehabilitation of the Assad regime, to include addressing recent outreach to the Assad regime by United States partners. (10) An assessment of United States diplomatic efforts to prevent Syria’s re-entry into the Arab League. (11) An assessment of progress towards meeting the criteria specified in paragraphs (1) through (7) of section 7431(a) of the Caesar Syria Civilian Protection Act of 2019 ( Public Law 116–92 ; 133 Stat. 2297), required for suspension of sanctions against the Assad regime. (12) An assessment of United States efforts to seek accountability for the Assad regime’s crimes against the Syrian people, to include unlawful detention, forced disappearance, torture, starvation, and the use of chemical weapons. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined \nIn this section, the term “appropriate congressional committees” means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.", "id": "H2BE33E8394B24FC59DA0C6C74A6A436C", "header": "Defense and diplomatic strategy for Syria" }, { "text": "1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria \n(a) In general \nSubsection (a) of section 1236 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3558) is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Funding \nSubsection (g) of such section is amended— (1) by striking fiscal year 2021 and inserting fiscal year 2022 ; and (2) by striking $322,500,000 and inserting $345,000,000. (c) Assessment and authority To assist directly certain covered groups \nSubsection (l)(1)(B) of such section is amended— (1) by striking clause (ii); (2) (A) by redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (B) by redesignating clause (vii) as clause (xi); (3) in clause (iv), as redesignated, by striking , and once established, the Iraqi Sunni National Guard ; and (4) by inserting after clause (v), as redesignated, the following: (vi) Whether the Shia militias are gaining new malign capabilities or improving such capabilities, and whether the Government of Iraq is acting to counter or suppress those capabilities. (vii) Whether the Government of Iraq is acting to ensure the safety of United States Government personnel and citizens, as well as the safety of United States facilities. (viii) Whether the Government of Iraq is ensuring the safe and voluntary return of ethno-religious minority populations to their home communities in the Nineveh Plains region of Iraq. (ix) Whether the Government of Iraq has provided support and funding to institutionalize and make permanent local, representative, and regionally-based security forces. (x) An assessment of the impact of the Iraq and Syria Genocide Relief and Accountability Act of 2018 ( Public Law 115–300 ) on return rates of vulnerable, indigenous, ethno-religious groups, including Assyrians and Yazidis, in those areas of the Nineveh Plains region of Iraq in which assistance has been provided pursuant to subsection (a).. (d) Waiver authority \nSuch section, as so amended, is further amended by adding at the end the following: (o) Waiver authority \n(1) In general \nThe President may waive the dollar amount limitation in subsection (a) with respect to a construction, repair, or renovation project for the purposes of providing the support described in paragraph (2) if the President— (A) determines that the waiver is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a notification of the exercise of the waiver. (2) Support described \nThe support described in this paragraph is support relating to temporary humane detention of Islamic State of Iraq and Syria foreign terrorist fighters in accordance with all laws and obligations relating to the provision of such support, including, as applicable— (A) the law of armed conflict; (B) internationally recognized human rights; (C) the principle of non-refoulement; (D) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and (E) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). (3) Notice and wait \n(A) In general \nA project with respect to which the exercise of a waiver under paragraph (1) applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by paragraph (1)(B). (B) Matters to be included \nThe notification required by paragraph (1)(B) shall include the following: (i) A detailed plan and cost estimate for the project. (ii) A certification by the President that facilities and activities relating to the project comply with the laws and obligations described in paragraph (2). (iii) An explanation of the national security interest addressed by the project. (C) Appropriate congressional committees defined \nIn this paragraph, the term appropriate congressional committees means— (i) the congressional defense committees; and (ii) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (4) Update to plan and cost estimate \nUpon obligation of any funds to carry out a project with respect to which the exercise of a waiver under paragraph (1) applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by paragraph (3)(B)(i). (5) Sunset \nThe waiver authority under this subsection shall expire on December 31, 2022.. (e) Restriction on Counter-ISIS Train and Equip Fund \nAmounts authorized to be appropriated by this Act or the amendments made by this Act or otherwise made available for any fiscal year to the Counter-Islamic State of Iraq and Syria Train and Equip Fund are authorized to be made available only in support of partner forces eligible to receive assistance under section 1209(a) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3541) or subsection (a) of section 1236 of such Act, as amended by subsection (a) of this section. (f) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, shall submit to appropriate congressional committees a report that contains the following: (A) A comprehensive strategy and plan to train and build lasting and sustainable military capabilities of the Iraqi security forces, including the Kurdish Peshmerga, using existing authorities, which may include a memorandum of understanding with the Ministry of Peshmerga Affairs in coordination with the Government of Iraq. (B) A plan to engage the Government of Iraq and the Kurdistan Regional Government in security sector reform and strengthen and sustainably build the capacity of Iraq’s national defense and security institutions, including the Kurdish Peshmerga. (C) A description of the current status, capabilities, and operational capacity of remaining Islamic State of Iraq and Syria elements active in Iraq and Syria. (2) Appropriate congressional committees defined \nIn this subsection, the term appropriate congressional committees means— (A) the congressional defense committees; and (B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.", "id": "H480C4F0866B84DF49FB61D7EF95919D0", "header": "Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria" }, { "text": "1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq \n(a) Limitation on amount \nSubsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 113 note) is amended by striking fiscal year 2021 and inserting fiscal year 2022. (b) Source of funds \nSubsection (d) of such section is amended by striking fiscal year 2021 and inserting fiscal year 2022. (c) Limitation on availability of funds \nSubsection (h) of such section is amended to read as follows: (h) Limitation on availability of funds \nOf the amount authorized to be appropriated by this Act for fiscal year 2022 to carry out this section, not more than $10,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report that— (1) details further steps to reorganize the Office in a manner similar to that of other security cooperation offices in the region and indicates whether such reorganization will be achieved by 2023; (2) describes progress made toward the continuation of bilateral engagement with the Government of Iraq, with the objective of establishing a joint mechanism for security assistance planning; (3) includes a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform; and (4) describes progress made toward, and a timeline for, the transition of the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years..", "id": "H93A7CF1B01BE4EE994B101750C4F65F0", "header": "Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq" }, { "text": "1225. Prohibition on transfers to Badr Organization \nNone of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available, directly or indirectly, to the Badr Organization.", "id": "HAD0020EDA3FC40FE87FC187E7726A58F", "header": "Prohibition on transfers to Badr Organization" }, { "text": "1226. Prohibition on transfers to Iran \nNone of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available to transfer or facilitate a transfer of pallets of currency, currency, or other items of value to the Government of Iran, any subsidiary of such Government, or any agent or instrumentality of Iran.", "id": "H1334C48BF3DC4806A0B9DBB07265B0A0", "header": "Prohibition on transfers to Iran" }, { "text": "1227. Report on the military capabilities of Iran and related activities \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report that includes the following: (1) A detailed description of each of the following: (A) Advancements in the military capabilities of Iran, including capabilities of the Islamic Revolutionary Guard Corps, the Quds Force, the Artesh, and the Basij. (B) All known instances of the supply, sale, or transfer of arms or related materiel, including spare parts, to or from Iran. (C) All known instances of missile launches by Iran, including for the purposes of testing and development or use in military operations. (D) Changes to the military capabilities of Iran-backed groups, most notably Lebanese Hezbollah, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the Houthis). (2) An assessment of each of the following: (A) Impacts that the imposition or revocation of unilateral United States economic sanctions on Iran may have on the military capabilities of entities described in subparagraphs (A) and (D) of paragraph (1). (B) Acts of violence and intimidation that Iranian-backed militias in Iraq have committed against Iraqi civilians. (C) The threat that Iranian-backed militias in Iraq pose to United States personnel in Iraq and in the Middle East, including United States Armed Forces and diplomats. (D) The threat Iranian-backed militias in Iraq pose to United States partners in the region. (E) The role that Iranian-backed militias in Iraq, including the Badr Organization, play in Iraq’s armed forces and security services, including Iraq’s Popular Mobilization Forces. (F) The United Nations arms embargo on Iran’s ability to supply, sell, or transfer, directly or indirectly, arms or related materiel while the embargo was in effect. (G) Iran’s use of kidnapping operations against United States citizens and an analysis of opportunities to counter such actions or impose costs on Iran. (b) Time period \nExcept as otherwise provided, the report required by subsection (a) shall cover developments during the period beginning in June 2018 and ending on the day before the date on which the report is submitted. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "HBE5188D834BE4E58B42DC955A69D5E2F", "header": "Report on the military capabilities of Iran and related activities" }, { "text": "1228. Sense of Congress on enrichment of uranium by Iran \nIt is the sense of Congress that— (1) the Government of Iran’s decision to enrich uranium up to 60 percent purity is a further escalation and shortens the breakout time to produce enough highly enriched uranium to develop a nuclear weapon; and (2) the Government of Iran should immediately abandon any pursuit of a nuclear weapon.", "id": "H8686012488C9436EA8FED1F2FDE5277A", "header": "Sense of Congress on enrichment of uranium by Iran" }, { "text": "1231. Extension of limitation on military cooperation between the United States and the Russian Federation \nSection 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) is amended by striking 2020, or 2021 and inserting 2020, 2021, or 2022.", "id": "H2D04EBF8AF3D4B1491508B312F766174", "header": "Extension of limitation on military cooperation between the United States and the Russian Federation" }, { "text": "1232. Extension of Ukraine Security Assistance Initiative \nSection 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1068) is amended as follows: (1) In subsection (c)— (A) in paragraph (1), by striking funds available for fiscal year 2021 pursuant to subsection (f)(6) and inserting funds available for fiscal year 2022 pursuant to subsection (f)(7) ; (B) in paragraph (3), by striking fiscal year 2021 and inserting fiscal year 2022 ; and (C) in paragraph (5), by striking Of the funds available for fiscal year 2021 pursuant to subsection (f)(6) and inserting Of the funds available for fiscal year 2022 pursuant to subsection (f)(7). (2) In subsection (f), by adding at the end the following: (7) For fiscal year 2022, $300,000,000.. (3) In subsection (h), by striking December 31, 2023 and inserting December 31, 2024.", "id": "H32F7CBBEA95A45EFA15C6EC2BD5B4F98", "header": "Extension of Ukraine Security Assistance Initiative" }, { "text": "1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises \nSubsection (h) of section 1251 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended— (1) in the first sentence, by striking December 31, 2023 and inserting December 31, 2024 ; and (2) in the second sentence, by striking the period beginning on October 1, 2015, and ending on December 31, 2023 and inserting the period beginning on October 1, 2015, and ending on December 31, 2024..", "id": "H98FAE3D696F1457E9F4FA2D65C7D0938", "header": "Extension of authority for training for Eastern European national security forces in the course of multilateral exercises" }, { "text": "1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea \n(a) Prohibition \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea. (b) Waiver \nThe Secretary of Defense, with the concurrence of the Secretary of State, may waive the prohibition under subsection (a) if the Secretary of Defense— (1) determines that a waiver is in the national security interest of the United States; and (2) on the date on which the waiver is invoked, submits a notification of the waiver and a justification of the reason for seeking the waiver to— (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.", "id": "H255F7095ABB841F7813492161881F7E0", "header": "Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea" }, { "text": "1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act and biennially thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of any other appropriate departments or agencies, shall jointly submit to the appropriate congressional committees a report on Russian influence operations and campaigns that target United States military alliances and partnerships. (b) Elements \nThe report required under subsection (a) shall include each of the following: (1) An assessment of Russia’s objectives for influence operations and campaigns targeting United States military alliances and partnerships, including the North Atlantic Treaty Organization, its allies, and partner countries, and how such operations and campaigns relate to Russia’s broader strategic aims. (2) The activities and roles of the Department of Defense and Department of State in the United States Government strategy to counter such Russian influence operations and campaigns. (3) A comprehensive list of specific Russian state and non-state entities, or those of any other country with which Russia may cooperate, involved in supporting such Russian influence operations and campaigns and the role of each such entity in such support. (4) An identification of the tactics, techniques, and procedures used in previous Russian influence operations and campaigns. (5) An assessment of the impact of previous Russian influence operations and campaigns targeting United States military alliances and partnerships, including the views of senior Russian officials about the effectiveness of such operations and campaigns in achieving Russian objectives. (6) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that has been targeted by Russian influence operations and campaigns. (7) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that may be targeted in future Russian influence operations and campaigns, and an assessment of the likelihood that each such ally, partner, or alliance will be targeted. (8) An assessment of the capacity and efforts of each United States ally and partner, and each military alliance of which the United States is a member, to counter Russian influence operations and campaigns. (9) An identification of tactics, techniques, and procedures likely to be used in future Russian influence operations and campaigns targeting United States military alliances and partnerships. (10) Recommended authorities or activities for the Department of Defense and Department of State in the United States Government strategy to counter such Russian influence operations and campaigns. (11) Any other matters the Secretaries determine appropriate. (c) Form \nThe report required under subsection (a) shall be submitted in unclassified form and in a manner appropriate for release to the public, but may include a classified annex. (d) Definitions \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.", "id": "H3FDEFFB9894A4449B4D38231AA829E1B", "header": "Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member" }, { "text": "1241. Extension and modification of Indo-Pacific Maritime Security Initiative \n(a) Assistance and training \nSubsection (a)(1) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended, in the matter preceding subparagraph (A), by striking for the purpose of and all that follows through Indian Ocean and inserting with the primary goal of increasing multilateral maritime security cooperation and maritime domain awareness of foreign countries in the area of responsibility of the United States Indo-Pacific Command. (b) Recipient countries \nSubsection (b) of such section is amended to read as follows: (b) Recipient countries \nThe foreign countries that may be provided assistance and training under subsection (a) are the countries located within the area of responsibility of the United States Indo-Pacific Command.. (c) Types of assistance and training \nSubsection (c)(1) of such section is amended by striking small-scale military construction and inserting small-scale construction (as defined in section 301 of title 10, United States Code). (d) Priorities for assistance and training \nSubsection (d) of such section is amended to read as follows: (d) Priorities for assistance and training \nIn developing programs for assistance or training to be provided under subsection (a), the Secretary of Defense shall prioritize assistance, training, or both, to enhance— (1) multilateral cooperation and coordination among recipient countries; or (2) the capabilities of a recipient country to more effectively participate in a regional organization of which the recipient country is a member.. (e) Incremental expenses of personnel of certain other countries for training \nSubsection (e) of such section is amended to read as follows: (e) Incremental expenses of personnel of recipient countries for training \nIf the Secretary of Defense determines that the payment of incremental expenses (as defined in section 301 of title 10, United States Code) in connection with training described in subsection (a)(1)(B) will facilitate the participation in such training of organization personnel of recipient countries described in subsection (b), the Secretary may use amounts available under subsection (f) for assistance and training under subsection (a) for the payment of such incremental expenses.. (f) Availability of funds \nSubsection (f) of such section is amended to read as follows: (f) Availability of funds \nOf the amounts authorized to be appropriated for each of fiscal years 2022 through 2027 for the Department of Defense, Operation and Maintenance, Defense-wide, $50,000,000 may be made available for the provision of assistance and training under subsection (a).. (g) Limitations \nSuch section is further amended— (1) by striking subsection (i); (2) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (3) by inserting after subsection (f) the following new subsection (g): (g) Limitations \n(1) Assistance otherwise prohibited by law \nThe Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (c) that is otherwise prohibited by any provision of law. (2) Prohibition on assistance to units that have committed gross violations of human rights \nThe provision of assistance pursuant to a program under subsection (a) shall be subject to the provisions of section 362 of title 10, United States Code. (3) Security cooperation \nAssistance, training, and exercises with recipient countries described in subsection (b) shall be planned and prioritized consistent with applicable guidance relating to the security cooperation program and activities of the Department of Defense. (4) Assessment, monitoring, and evaluation \nThe provision of assistance and training pursuant to a program under subsection (a) shall be subject to the provisions of section 383 of title 10, United States Code.. (h) Notice to Congress on assistance and training \nSubsection (h)(1) of such section, as so redesignated, is amended— (1) by amending subparagraph (B) to read as follows: (B) A detailed justification of the program for the provision of the assistance or training concerned, its relationship to United States security interests, and an explanation of the manner in which such assistance or training will increase multilateral maritime security cooperation or maritime domain awareness. ; and (2) in subparagraph (G) by striking the geographic combatant command concerned and inserting the United States Indo-Pacific Command. (i) Annual monitoring report \nSubsection (i) of such section, as so redesignated, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking March 1, 2020 and inserting March 1, 2022 ; (B) by redesignating subparagraphs (A) through (G) as subparagraphs (B) through (H), respectively; (C) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): (A) The overall strategy for improving multilateral maritime security cooperation and maritime domain awareness across the theater, including an identification of the following: (i) Priority countries and associated capabilities across the theater. (ii) Strategic objectives for the Indo-Pacific Maritime Security Initiative across the theater, lines of effort, and desired end results for such lines of effort. (iii) Significant challenges to improving multilateral maritime security cooperation and maritime domain awareness across the theater and the manner in which the United States Indo-Pacific Command is seeking to address such challenges. ; and (D) in subparagraph (B), as so redesignated— (i) in clause (ii), by striking the semicolon and inserting ; and ; and (ii) by adding at the end the following new clause: (iii) how such capabilities can be leveraged to improve multilateral maritime security cooperation and maritime domain awareness. ; and (2) in paragraph (2), by striking subsection (g)(2) and inserting subsection (h)(2). (j) Expiration \nSubsection (j) of such section is amended by striking December 31, 2025 and inserting December 31, 2027.", "id": "HBB9DD143EF084244B32E22EEC0B5DCFA", "header": "Extension and modification of Indo-Pacific Maritime Security Initiative" }, { "text": "1242. Extension and modification of Pacific Deterrence Initiative \n(a) Extension \nSubsection (c) of section 1251 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended to read as follows: (c) Funding \nOf the amounts authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2022 for the Department of Defense for fiscal year 2022, there is authorized to be appropriated for the Pacific Deterrence Initiative such sums as may be necessary, as indicated in sections 4101, 4201, 4301, and 4601 of such Act.. (b) Report on resourcing united states defense requirements for the indo-pacific region and study on competitive strategies \nSuch section is further amended— (1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; (2) by inserting after subsection (c) the following new subsection (d): (d) Report on resourcing united states defense requirements for the indo-pacific region and study on competitive strategies \n(1) Report required \n(A) In general \nAt the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives: (i) The implementation of the National Defense Strategy with respect to the Indo-Pacific region. (ii) The maintenance or restoration of the comparative military advantage of the United States with respect to the People’s Republic of China. (iii) The reduction of the risk of executing contingency plans of the Department of Defense. (B) Matters to be included \nThe report required under subparagraph (A) shall include the following: (i) With respect to the achievement of the objectives described in subparagraph (A), a description of the intended force structure and posture of assigned and allocated forces in each of the following: (I) West of the International Date Line. (II) In States outside the contiguous United States east of the International Date Line. (III) In the contiguous United States. (ii) An assessment of capabilities requirements to achieve such objectives. (iii) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (iv) An identification of required infrastructure and military construction investments to achieve such objectives. (v) An assessment of security cooperation activities or resources required to achieve such objectives. (vi) (I) A plan to fully resource United States force posture and capabilities, including— (aa) a detailed assessment of the resources necessary to address the elements described in clauses (i) through (v), including specific cost estimates for recommended investments or projects— (AA) to modernize and strengthen the presence of the United States Armed Forces, including those with advanced capabilities; (BB) to improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel; (CC) to carry out a program of exercises, training, experimentation, and innovation for the joint force; (DD) to improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces; (EE) to build the defense and security capabilities, capacity, and cooperation of allies and partners; and (FF) to improve capabilities available to the United States Indo-Pacific Command; (bb) a detailed timeline to achieve the intended force structure and posture described in clause (i). (II) The specific cost estimates required by subclause (I)(aa) shall, to the maximum extent practicable, include the following: (aa) With respect to procurement accounts— (AA) amounts displayed by account, budget activity, line number, line item, and line item title; and (BB) a description of the requirements for each such amount. (bb) With respect to research, development, test, and evaluation accounts— (AA) amounts displayed by account, budget activity, line number, program element, and program element title; and (BB) a description of the requirements for each such amount. (cc) With respect to operation and maintenance accounts— (AA) amounts displayed by account title, budget activity title, line number, and subactivity group title; and (BB) a description of the specific manner in which each such amount would be used. (dd) With respect to military personnel accounts— (AA) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and (BB) a description of the requirements for each such amount. (ee) With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year. (ff) With respect to any expenditure or proposed appropriation not described in items (aa) through (ee), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code. (C) Form \nThe report required under subparagraph (A) may be submitted in classified form, but shall include an unclassified summary. (D) Availability \nNot later than February 1 each year, the Commander of the United States Indo-Pacific Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service. (2) Briefings required \n(A) Initial briefing \nNot later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. (B) Subsequent briefing \nNot later than 30 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy shall provide to the congressional defense committees a joint briefing, and documents as appropriate, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. ; (3) by amending subsection (e), as redesignated, to read as follows: (e) Plan required \nAt the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a report on future year activities and resources for the Initiative that includes the following: (1) A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years, organized— (A) functionally, by the activities described in paragraphs (1) through (5) of subsection (b); and (B) geographically by— (i) areas west of the International Date Line; (ii) States outside the contiguous United States east of the International Date Line; and (iii) States in the contiguous United States. (2) A summary of progress made toward achieving the purposes of the Initiative. (3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability to achieve objectives in the region. (4) A detailed timeline to achieve the requirements identified under paragraph (3). (5) A detailed explanation of any significant modifications to such requirements, as compared to plans previously submitted under this subsection. (6) Any other matter, as determined by the Secretary. ; and (4) in subsection (g), as redesignated, by striking subsection (e) and inserting subsection (f).", "id": "H067AAEF31FFA4892A496AAE222FB4781", "header": "Extension and modification of Pacific Deterrence Initiative" }, { "text": "1243. Modification of annual report on military and security developments involving the People's Republic of China \nSection 1202 of the National Defense Authorization Act for Fiscal Year 2000 ( 10 U.S.C. 113 note) is amended to read as follows: 1202. Annual report on military and security developments involving the People’s Republic of China \n(a) Annual report \nNot later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China. (b) Matters to be included \nEach report under this section shall include analyses and forecasts, through the next 20 years, of the following: (1) The goals, factors, and trends shaping Chinese security strategy and military strategy. (2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following: (A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army. (B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission. (C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights. (3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following: (A) Chinese military-to-military relationships with other countries, including— (i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and (ii) military education programs conducted— (I) in the People’s Republic of China for militaries of other countries; or (II) in other countries for personnel of the People’s Liberation Army. (B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including— (i) a forecast of possible future sales and transfers; (ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and (iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China. (C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters. (4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. (5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including— (A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations; (B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and (C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes. (7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including— (A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and (B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in— (i) Latin America and the Caribbean; (ii) Africa; and (iii) the Indo-Pacific region, including the Pacific Islands. (8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following: (A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China. (B) The space and counter-space programs and capabilities. (C) The nuclear program and capabilities, including— (i) its nuclear strategy and associated doctrines; (ii) the size and state of its stockpile and projections of its future arsenals; (iii) its civil and military production capacities; and (iv) the modernization and force structure of its strategic forces. (D) The anti-access and area denial capabilities. (E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons. (9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including— (A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including— (i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and (ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and (B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts. (10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including— (A) the posture of the forces of the People’s Liberation Army facing Taiwan; and (B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ). (11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including— (A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and (B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner. (12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following: (A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy. (B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed. (C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts. (D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts. (E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. (F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China. (G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). (13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including— (A) United States military alliances and partnerships targeted or that may be targeted; (B) the objectives of such operations; (C) the tactics, techniques, and procedures used; and (D) the impact of such operations on military alliances and partnerships of which the United States is a member. (14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security. (c) Form \nEach report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Specified congressional committees defined \nIn this section, the term specified congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives..", "id": "H19F108225A2B4F0ABD18B4DA8176FB1A", "header": "Modification of annual report on military and security developments involving the People's Republic of China" }, { "text": "1202. Annual report on military and security developments involving the People’s Republic of China \n(a) Annual report \nNot later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China. (b) Matters to be included \nEach report under this section shall include analyses and forecasts, through the next 20 years, of the following: (1) The goals, factors, and trends shaping Chinese security strategy and military strategy. (2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following: (A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army. (B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission. (C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights. (3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following: (A) Chinese military-to-military relationships with other countries, including— (i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and (ii) military education programs conducted— (I) in the People’s Republic of China for militaries of other countries; or (II) in other countries for personnel of the People’s Liberation Army. (B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including— (i) a forecast of possible future sales and transfers; (ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and (iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China. (C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters. (4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. (5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including— (A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations; (B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and (C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes. (7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including— (A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and (B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in— (i) Latin America and the Caribbean; (ii) Africa; and (iii) the Indo-Pacific region, including the Pacific Islands. (8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following: (A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China. (B) The space and counter-space programs and capabilities. (C) The nuclear program and capabilities, including— (i) its nuclear strategy and associated doctrines; (ii) the size and state of its stockpile and projections of its future arsenals; (iii) its civil and military production capacities; and (iv) the modernization and force structure of its strategic forces. (D) The anti-access and area denial capabilities. (E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons. (9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including— (A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including— (i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and (ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and (B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts. (10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including— (A) the posture of the forces of the People’s Liberation Army facing Taiwan; and (B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ). (11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including— (A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and (B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner. (12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following: (A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy. (B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed. (C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts. (D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts. (E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. (F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China. (G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). (13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including— (A) United States military alliances and partnerships targeted or that may be targeted; (B) the objectives of such operations; (C) the tactics, techniques, and procedures used; and (D) the impact of such operations on military alliances and partnerships of which the United States is a member. (14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security. (c) Form \nEach report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Specified congressional committees defined \nIn this section, the term specified congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "H7A1D4185649E458684BD7763C701F591", "header": "Annual report on military and security developments involving the People’s Republic of China" }, { "text": "1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup \nSection 1253(b) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking fiscal year 2021 and inserting fiscal year 2022.", "id": "H9492EC082B3B416FB26D4BA7C43102F5", "header": "Extension of authority to transfer funds for Bien Hoa dioxin cleanup" }, { "text": "1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action \n(a) In general \nThe Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, may carry out a cooperative program with the Ministry of Defense of Vietnam and other entities of the Government of Vietnam to assist in accounting for Vietnamese personnel missing in action. (b) Purpose \nThe purpose of the cooperative program under subsection (a) is to carry out the following activities: (1) Collection, digitization, and sharing of archival information. (2) Building the capacity of Vietnam to conduct archival research, investigations, and excavations. (3) Improving DNA analysis capacity. (4) Increasing veteran-to-veteran exchanges. (5) Other support activities the Secretary of Defense considers necessary and appropriate. (c) Termination \nThe authority provided by subsection (a) shall terminate on October 1, 2026.", "id": "H0A0A7D1606FC469091FAD1EF98AC60E9", "header": "Cooperative program with Vietnam to account for Vietnamese personnel missing in action" }, { "text": "1246. Sense of Congress on Taiwan defense relations \nIt is the sense of Congress that— (1) the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations; (2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States; (3) the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of a peaceful resolution of the future of Taiwan; (4) as set forth in the Taiwan Relations Act, the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan and the policy of the United States to make available to Taiwan such defense articles and defense services in such quantities as may be necessary to enable Taiwan to maintain a sufficient self-defense capability should be maintained; and (5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by— (A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan; (B) ensuring timely review of and response to requests by Taiwan for defense articles and services; (C) conducting practical training and military exercises with Taiwan, including, as appropriate, inviting Taiwan to participate in the Rim of the Pacific exercise conducted in 2022, that enable Taiwan to maintain a sufficient self-defense capability, as described in the Taiwan Relations Act; (D) deepening interoperability with Taiwan in defensive capabilities, including maritime and air domain awareness and integrated air and missile defense systems; (E) encouraging exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act ( Public Law 115–135 ; 132 Stat. 341), especially for the purposes of— (i) enhancing cooperation on defense planning; (ii) improving the interoperability of the military forces of the United States and Taiwan; and (iii) improving the reserve force of Taiwan; (F) identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and (G) expanding cooperation in humanitarian assistance and disaster relief.", "id": "H47EEF81B998F4B12BA7FB16EB648958E", "header": "Sense of Congress on Taiwan defense relations" }, { "text": "1247. Statement of policy on Taiwan \n(a) Statement of policy \nConsistent with the Taiwan Relations Act (22 U.S.C. 3301 et. seq.), it shall be the policy of the United States to maintain the capacity of the United States to resist a fait accompli that would jeopardize the security of the people on Taiwan. (b) Definition \nIn this section, the term fait accompli refers to the resort to force by the People’s Republic of China to invade and seize control of Taiwan before the United States can respond effectively.", "id": "H17657B7E7FE649268D5213C7F8F5336F", "header": "Statement of policy on Taiwan" }, { "text": "1248. Annual report on Taiwan asymmetric capabilities and intelligence support \n(a) In general \nThe Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall each year through fiscal year 2027, consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3302(c) ), perform an annual assessment of matters related to Taiwan, including intelligence matters, Taiwan’s asymmetric defensive capabilities, and how defensive shortcomings or vulnerabilities of Taiwan could be mitigated through cooperation, modernization, or integration. At a minimum, the assessment shall include the following: (1) An intelligence assessment regarding— (A) conventional military threats to Taiwan from China, including exercises intended to intimidate or coerce Taiwan; and (B) irregular warfare activities, including influence operations, conducted by China to interfere in or undermine the peace and stability of the Taiwan Strait. (2) The current defensive asymmetric capabilities of Taiwan and the ability of Taiwan to defend itself from external conventional and irregular military threats. (3) The interoperability of current and future defensive asymmetric capabilities of Taiwan with the military capabilities of the United States and its allies and partners. (4) The plans, tactics, techniques, and procedures underpinning the defensive asymmetric capabilities of Taiwan. (5) A description of additional personnel, resources, and authorities in Taiwan or in the United States that may be required to meet any shortcomings in the development of Taiwan’s defensive capabilities identified pursuant to this section. (6) The applicability of Department of Defense authorities for improving the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act. (7) The feasibility and advisability of assisting Taiwan in the domestic production of defensive asymmetric capabilities, including through the transfer of intellectual property, co-development, or co-production arrangements. (8) An assessment of ways in which the United States could enhance cooperation with on intelligence matters with Taiwan. (9) A description of any non-Department of Defense efforts by the United States Government to build the capacity of Taiwan to disrupt external efforts that degrade its free and democratic society. (10) A description of any significant efforts by the Defense Intelligence Enterprise and other elements of the intelligence community to coordinate technical and material support for Taiwan to identify, disrupt, and combat influence operations referred to in this subsection. (11) Any other matter the Secretary of Defense considers appropriate. (b) Plan \nThe Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall develop a plan for assisting Taiwan in improving its defensive asymmetric capabilities and addressing vulnerabilities identified pursuant to subsection (a) that includes— (1) recommendations for new Department of Defense authorities, or modifications to existing Department authorities, necessary to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ); (2) an identification of opportunities for key leader and subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and (3) an identification of challenges and opportunities for leveraging non-Department authorities, resources, and capabilities to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act. (c) Report \nNot later than 180 days after the date of the enactment of this Act, and annually through fiscal year 2027, the Secretary of Defense shall submit to the appropriate committees of Congress— (1) a report on the results of the assessment required by subsection (a); and (2) the plan required by subsection (b). (d) Form \nThe report required by subsection (c) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions \nIn this section: (1) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term defensive asymmetric capabilities means the capabilities necessary to defend Taiwan against conventional external threats, including coastal defense missiles, naval mines, anti-aircraft capabilities, cyber defenses, and special operations forces.", "id": "H1BAD531749E3491F9D7A28186D86F119", "header": "Annual report on Taiwan asymmetric capabilities and intelligence support" }, { "text": "1249. Feasibility briefing on cooperation between the National Guard and Taiwan \n(a) In general \nNot later than February 15, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan. (b) Elements \nThe briefing required by subsection (a) shall include the following: (1) A description of the cooperation between the National Guard and Taiwan during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities. (2) An evaluation of the feasibility of enhancing cooperation between the National Guard and Taiwan on a range of activities, including— (A) disaster and emergency response; (B) cyber defense and communications security; (C) military medical cooperation; (D) Mandarin-language education and cultural exchange; and (E) programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan. (3) Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments. (4) Any other matter the Secretary of Defense considers appropriate.", "id": "H49BCEBEA3B6B44758E5AFBE3813AA4C1", "header": "Feasibility briefing on cooperation between the National Guard and Taiwan" }, { "text": "1250. Feasibility report on establishing military-to-military crisis communications capabilities \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the feasibility and advisability of establishing military-to-military communications with a covered strategic competitor. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An articulation of— (A) the importance of military-to-military communications with a covered strategic competitor; and (B) the utility of such communications to enable clear transmission of messages from the government of the United States, avoid misunderstandings, and reduce the possibility of miscalculation. (2) A description of the current process and capabilities relating to communications with a covered strategic competitor, including the means, levels of seniority, and timelines for such communications. (3) An identification of opportunities for improving military-to-military crisis communications with a covered strategic competitor, including the preferred means, levels of seniority, and timelines for such communications. (4) An identification of challenges to establishing more military-to-military communications with a covered strategic competitor. (5) Any other matter the Secretary of Defense considers appropriate. (c) Definitions \nIn this section: (1) The term covered strategic competitor means a near-peer country identified by the Secretary of Defense and National Defense Strategy. (2) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.", "id": "H09F00ADB2E8944468E91965012E180F1", "header": "Feasibility report on establishing military-to-military crisis communications capabilities" }, { "text": "1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications \n(a) Comparative analyses \n(1) Development of procedures \n(A) In general \nNot later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Office of Net Assessment, shall develop procedures by which comparative analyses, including the assessments under paragraph (2), shall be conducted. (B) Elements \nThe procedures developed under subparagraph (A)— (i) shall include processes— (I) by which senior officials of the Department of Defense may request that such comparative analyses be conducted with respect to a specific technology, sector, or system of interest; (II) by which teams of technical, industrial, policy, intelligence, and operational experts consisting of personnel of the Department and private sector organizations may be established for the purpose of conducting such comparative analyses; (III) to ensure adequate funding to support the conduct of such comparative analyses; and (IV) by which classified and unclassified information, including necessary data, records, and technical information, may be shared with Department personnel for the purpose of carrying out such comparative analyses; and (ii) may include the development of quantitative and qualitative metrics for use in, and new intelligence collection requirements to support, such comparative analyses. (2) Comparative analysis assessments \n(A) In general \nThe Under Secretary, in coordination with the Director of the Office of Net Assessment, shall conduct a comparative analysis assessment of the efforts of the United States Government and the Government of the People’s Republic of China to develop and deploy critical modernization technology with respect to military applications in each of the following areas of critical modernization technology: (i) Directed energy systems. (ii) Hypersonics. (iii) Emerging biotechnologies. (iv) Quantum science. (v) Cyberspace capabilities. (B) Elements \nEach comparative analysis assessment under subparagraph (A) shall include an evaluation of each of the following: (i) With respect to the applicable area of critical modernization technology described in subparagraph (A), research and development activities carried out in the United States and the People's Republic of China by governmental entities and nongovernmental entities. (ii) The ability of research programs carried out by the United States Government and the Government of the People's Republic of China to achieve the goals of— (I) transitioning emerging technologies into acquisition efforts and operational use; and (II) incorporating emerging technologies into military applications. (iii) Operational effectiveness and suitability of current or planned defense systems of the United States and the People's Republic of China, including relevant operational concepts relating to the application and operationalization of critical modernization technologies. (iv) The ability of defense systems of the United States and the People's Republic of China to counter relevant threat capabilities. (b) Reports \n(1) Initial report \nNot later than March 15, 2022, the Under Secretary shall submit a report and provide a briefing to the congressional defense committees on efforts to develop the procedures required by subsection (a)(1). (2) Subsequent reports \n(A) Directed energy systems and hypersonics \nNot later than December 31, 2023, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (i) and (ii) of subsection (a)(2)(A). (B) Emerging biotechnologies, quantum science, and cyberspace capabilities \nNot later than December 31, 2024, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (iii), (iv), and (v) of subsection (a)(2)(A). (C) Elements \nThe reports required by subparagraphs (A) and (B) shall include the following for each such comparative analysis assessment: (i) The results of the evaluation of each element described in subsection (a)(2)(B). (ii) An analysis of significant research and development programs and activities outside the United States or the People’s Republic of China designed to advance the applicable area of critical modernization technology described in subsection (a)(2)(A), and a discussion of such programs and activities. (iii) With respect to each such area of critical modernization technology, an identification of any area in which the degree of uncertainty due to an insufficient knowledge base is such that an analysis of whether the United States or the People’s Republic of China has an advantage would be inconclusive. (iv) A description of the limitations, constraints, and challenges encountered in carrying out the comparative analysis assessment. (v) A description of any other research and development efforts or elements the Under Secretary considers appropriate for purposes of the comparative analysis assessment. (vi) Recommendations with respect to additional activities by the Department necessary to address the findings of the comparative analysis assessment. (D) Form \nThe reports required by subparagraphs (A) and (B) shall be submitted in unclassified form but may contain a classified annex. (c) Agreement with a federally funded research and development corporation authorized \n(1) In general \nThe Under Secretary may enter into an agreement with a federally funded research and development corporation under which such corporation may— (A) carry out any part of a comparative analysis assessment required by subsection (a); or (B) prepare the reports required by subsection (b)(2). (2) Notification \nIf the Under Secretary enters into an agreement under paragraph (1), the Under Secretary shall submit to the congressional defense committees a report that— (A) identifies the federally funded research and development corporation concerned; and (B) describes the scope of work under the agreement.", "id": "H7EE9E3D16E4E47D2AFA1CC658F88A3DB", "header": "Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications" }, { "text": "1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region \nIt is the sense of Congress that the Secretary of Defense should recommit to and strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People's Republic of China, including by— (1) enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence; (2) reinforcing the United States alliance with the Republic of Korea and maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the country, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, in support of the shared objective of a peaceful and stable Korean Peninsula; (3) fostering bilateral and multilateral cooperation with Australia, consistent with the Australia, New Zealand, United States Security Treaty, to advance shared security objectives and build the capabilities of emerging partners; (4) advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, and collaborate on vetting Chinese investments in strategic technology sectors and critical infrastructure; (5) broadening the engagement of the United States with India, including through the Quadrilateral Security Dialogue— (A) to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and (B) to enable greater cooperation on maritime security and the threat of global pandemics, including COVID–19; (6) strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), and the Six Assurances, with the goal of improving Taiwan’s asymmetric defensive capabilities and promoting peaceful cross- strait relations; (7) reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training, including the use of the Foreign Military Sales Training Center at Ebbing Air National Guard Base in Fort Smith, Arkansas and a fighter training detachment in Guam; (8) engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau with the goal of strengthening regional security and addressing issues of mutual concern, including protecting fisheries from illegal, unreported and unregulated fishing; and (9) investing in enhanced military posture and capabilities in the United States Indo-Pacific Command area of responsibility and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region.", "id": "H4FC4FCC4670C49AE8110CF411F34B73D", "header": "Sense of congress on defense alliances and partnerships in the Indo-Pacific region" }, { "text": "1301. Sense of Congress on North Atlantic Treaty Organization allies and partners \nIt is the sense of Congress as follows: (1) The North Atlantic Treaty Organization (NATO) remains the strongest and most successful military alliance in the world, founded on a commitment by its members to uphold the principles of democracy, individual liberty, and the rule of law, and its contributions to the collective defense are indispensable to the security, prosperity, and freedom of its members. (2) The success of NATO is critical to achieving United States national security objectives in Europe and around the world, including deterring Russian aggression, upholding territorial integrity and sovereignty in Europe, addressing strategic competition and mitigating shared security concerns, countering malign efforts to undermine the rules-based international order and disrupt shared values, and fostering international cooperation against collective challenges. (3) The United States reaffirms its ironclad commitment to NATO as the foundation of transatlantic security and to uphold its obligations under the North Atlantic Treaty, including Article 5 of the Treaty, and remains steadfastly committed to upholding and strengthening its defense alliances and partnerships in the European theater. (4) The commitment of NATO allies in response to the invocation of Article 5 of the North Atlantic Treaty following attacks on the United States homeland on September 11, 2001, and during years of counterterrorism, humanitarian, and stabilization operations in Afghanistan has been invaluable, and the sacrifices of NATO allies deserve the highest order of respect and gratitude. (5) The national security challenges posed by the Russian Government against NATO allies and partners are of grave concern to the United States and a top NATO defense priority. Since the invasion of Ukraine in 2014, the Russian Government has not improved its behavior and has, in many aspects, become increasingly belligerent. Aggression against NATO allies and United States partners is unacceptable, and Russia’s willingness to engage in far-reaching, risky actions contrary to the international order poses major risks to United States national security interests that must be met with sustained engagement, investment in credible deterrence, and vigilance. (6) The United States should continue to deepen cooperation on defense issues with non-NATO European partners, bilaterally and as part of the NATO alliance, encourage security sector cooperation between NATO and non-NATO defense partners that complements and strengthens shared security goals, interoperability, and allies’ commitment to Article 3 of the North Atlantic Treaty, build on recent progress in NATO allies achieving defense spending goals agreed to at the 2014 Wales Summit and reaffirmed at the 2016 Warsaw Summit and the 2021 Brussels Summit, and build consensus to plan, organize, and invest in the full range of defense capabilities necessary to deter and defend against potential adversaries. (7) The United States should continue to enhance United States and allied force posture in Europe in order to establish and sustain a credible deterrent against Russian aggression and long-term strategic competition by the Russian Government, including continued robust support for the European Deterrence Initiative and other investments, ongoing use of rotational deployments and robust exercises in the European theater, improved forward-stationing of forces to enhance deterrence and reduce cost, additional planning and efforts to mitigate contested logistics challenges, implementation of key initiatives to enhance readiness, military mobility, and national resilience, and effective investments in multi-service, cyber, information, and air defense efforts to counter modern military challenges. (8) Following the end of the Resolute Support Mission in Afghanistan, it is essential that the United States consider ways to continue the benefits of combined interaction alongside NATO allies and United States partners to continue strengthening interoperability and cooperation. (9) The Black Sea is a strategically significant region to United States interests and to the security of United States allies and partners, especially in light of Russia’s actions in the region and illegal occupation of territory. The United States should continue security cooperation efforts, exercises, and training with regional allies and partners, regional posture enhancements, and support for those allies’ and partners’ pursuit of their own defenses, as well as joint efforts that enhance interoperability and information sharing. (10) Enhancing security and stability in the Western Balkans is a goal that the United States shares with European allies and partners. The United States should continue its efforts to build interoperability and support institutional reforms of the militaries of the Western Balkan nations, including both NATO allies and partners. The United States should also support those nations’ efforts to resist disinformation campaigns, predatory investments, efforts to promote instability, and other means by which Russia and China may seek to influence this region of Europe. (11) Estonia, Latvia, and Lithuania are model allies and play a critical role in strategic efforts to ensure continued deterrence against aggression by Russia and maintain the collective security of the NATO alliance. The security of the Baltic region is crucial to the security of the NATO alliance. (12) The United States should continue to pursue efforts consistent with the comprehensive, multilateral Baltic Defense Assessment of the military requirements of Estonia, Latvia, and Lithuania issued in December 2020. Robust support to accomplish United States strategic objectives, including by providing assistance to the Baltic countries through security cooperation referred to as the Baltic Security Initiative pursuant to sections 332 and 333 of title 10, United States Code, should be prioritized in the years to come. Specifically, the continuation of— (A) efforts to enhance interoperability among Estonia, Latvia, and Lithuania and in support of NATO efforts; (B) infrastructure and other host-country support improvements that will enhance United States and allied military mobility across the region; (C) efforts to improve resilience to hybrid threats and cyber defenses in Estonia, Latvia, and Lithuania; and (D) support for planning and budgeting efforts of Estonia, Latvia, and Lithuania that are regionally synchronized.", "id": "H417DBB37D6C04E4F841BF724AEAF3428", "header": "Sense of Congress on North Atlantic Treaty Organization allies and partners" }, { "text": "1302. Report on Armenia-Azerbaijan conflict \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the relevant congressional committees a report on the 2020 conflict between Armenia and Azerbaijan. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An assessment of the use of United States weapon systems or controlled technology that were employed in the 2020 conflict, including a list of the origins of such items, if known. (2) A description of the involvement of foreign actors in the conflict, including a description of the military activities, influence operations, foreign military sales, and diplomatic engagement by foreign countries before, during, and after the conflict, and efforts by parties to the conflict or foreign actors to recruit or employ foreign fighters or private military organizations during the conflict. Such description may include a classified annex, if necessary. (3) Any violations of the November 9, 2020, agreement, including the continued detention of prisoners of war or captured civilians. (4) Any other matter the Secretary considers appropriate. (c) Relevant congressional committees \nIn this section, the term relevant congressional committees means the Committee on Foreign Affairs and Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and Committee on Armed Services of the Senate. (d) Sense of Congress \nIt is the sense of Congress that— (1) the parties to the conflict must adhere to their obligations under the November 9, 2020, agreement and international law, including to immediately release all prisoners of war and captured civilians; (2) the parties to the conflict must refrain from the use of force and threats to use force in pursuit of diplomatic resolutions to any outstanding disputes; and (3) the United States should engage with parties to the conflict, including redoubling engagement with the Minsk Group, to make clear the importance of adhering to these obligations and advance diplomatic progress.", "id": "H16396145C387466BBEEDF018C15D8DA2", "header": "Report on Armenia-Azerbaijan conflict" }, { "text": "1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the current state of United States defense investment in Europe, with particular focus on United States military infrastructure requirements, including the European Deterrence Initiative. Such report shall include the following elements: (1) An assessment of the progress made by the Department of Defense toward achieving the stated objectives of the European Deterrence Initiative (EDI) over its lifetime, and the extent to which EDI funding has aligned with such objectives. (2) An assessment of the current state of the United States defense posture in Europe. (3) An assessment of further investments required to improve United States military mobility in the United States European Command area of responsibility, including efforts to— (A) address contested logistics; and (B) improve physical impediments and regulatory challenges to movement by air, rail, road, or waterway across such area of responsibility. (4) An assessment of the current state of United States prepositioned stocks in Europe, including a description of both completed and underway projects, timelines for completion of underway projects, and estimated sustainment costs upon completion of such projects. (5) An assessment of the current state of United States munitions in Europe, including the adequacy to satisfy United States needs in a European contingency, and a description of any plans to adjust munitions stocks. (6) An assessment of the current state of United States antisubmarine warfare assets, organization, and resources in the United States European Command and Second Fleet areas of responsibility, including— (A) the sufficiency of such assets, organization, and resources to counter Russian submarine threats; and (B) the sufficiency of United States sonobuoy stocks, antisubmarine warfare platforms, and undersea sensing equipment. (7) An assessment of the current state of the United States naval presence in the United States European Command area of responsibility and the ability of such presence to respond to future challenges in the Black Sea, Mediterranean Sea, and Arctic region, including a description of any future plans regarding increased naval force structure forward stationed in Europe and associated timelines. (8) An assessment of the current state of United States Air Force operational planning and resourcing in the European theater, including the current state of prepositioned Air Force equipment, activities, and relevant infrastructure. (9) An assessment of the current state of United States defense information operations capabilities dedicated to the United States European Command area of responsibility, and any defense resources required or policies needed to strengthen such capabilities. (10) An assessment of all purchases, investments, and expenditures made by any Armed Force under the jurisdiction of the Secretary of a military department and identified as part of the EDI, since its inception, that have been diverted for purposes or uses other than the objectives of the EDI, including a list of all purchases, investments, and expenditures that were requested to support the EDI since its inception that were not ultimately employed for the objectives of the EDI and the respective dollar values of such purchaes, investments, and expenditures. (11) An assessment of the current state of EDI military construction efforts in Europe. (12) An assessment of United States European Command’s planned exercise schedule in coming years, the estimated resourcing requirements to fulfill such schedule, and what percentage of such resourcing is expected to come from EDI. (13) Any other information the Secretary determines relevant.", "id": "HB12541C4836D4FCAADC856406742ED1A", "header": "Report on the state of United States military investment in Europe, including the European Deterrence Initiative" }, { "text": "1311. Sense of Congress \nIt is the sense of Congress that— (1) Greece is a pillar of stability in the Eastern Mediterranean region and the United States should remain committed to supporting its security and prosperity; (2) the 3+1 format of cooperation among Cyprus, Greece, Israel, and the United States has been a successful forum to cooperate on energy issues and should be expanded to include other areas of common concern to the members; (3) the United States should increase and deepen efforts to partner with and support the modernization of the Greek military; (4) it is in the interests of the United States that Greece continue to transition its military equipment away from Russian-produced platforms and weapons systems through the European Recapitalization Incentive Program; (5) the naval partnerships with Greece at Souda Bay and Alexandroupolis are mutually beneficial to the national security of the United States and Greece; (6) the United States should, as appropriate, support the sale of F–35 Joint Strike Fighters to Greece; (7) the United States Government should continue to invest in International Military Education and Training programs in Greece; (8) the United States Government should support joint maritime security cooperation exercises with Cyprus, Greece, and Israel; (9) in accordance with its legal authorities and project selection criteria, the United States Development Finance Corporation should consider supporting private investment in strategic infrastructure projects in Greece, to include shipyards and ports that contribute to the security of the region and Greece’s prosperity; (10) the extension of the Mutual Defense Cooperation Agreement with Greece for a period of five years includes deepened partnerships at Greek military facilities throughout the country and is a welcome development; and (11) the United States Government should establish the United States-Eastern Mediterranean Energy Center, as authorized by section 204 of the Eastern Mediterranean Energy and Security Partnership Act of 2019 ( 22 U.S.C. 2373 note).", "id": "HC2F2C2E855F14D7F88DD7F091B95E1B7", "header": "Sense of Congress" }, { "text": "1312. Funding for the European Recapitalization Incentive Program \n(a) In general \nTo the maximum extent feasible, amounts appropriated or otherwise made available for the European Recapitalization Incentive Program should be considered for Greece as appropriate to assist the country in meeting its defense needs and transitioning away from Russian-produced military equipment. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that provides a full accounting of all funds distributed under the European Recapitalization Incentive Program, including— (1) identification of each recipient country; (2) a description of how the funds were used; and (3) an accounting of remaining equipment in recipient countries that was provided by the then-Soviet Union or Russian Federation.", "id": "HE4D3126DF3A549F7B2BEB2FB647BFB28", "header": "Funding for the European Recapitalization Incentive Program" }, { "text": "1313. Sense of Congress on loan program \nIt is the sense of Congress that, as appropriate, the United States Government should provide direct loans to Greece for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) to support the further development of Greece’s military forces.", "id": "H5E9F0EE9624149F2B4E1D421927A8DB0", "header": "Sense of Congress on loan program" }, { "text": "1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece \nIt is the sense of Congress that the President has the authority to expedite delivery of any future F–35 aircraft to Greece once Greece is prepared to move forward with such a purchase on such terms and conditions as the President may require, pursuant to the certification requirements under section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ).", "id": "H5AC52BADD20843A3A828AEF2323C6466", "header": "Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece" }, { "text": "1315. IMET cooperation with Greece \nFor each of fiscal years 2022 through 2026, there is authorized to be appropriated $1,800,000 for International Military Education and Training assistance for Greece, which may be made available for the following purposes: (1) Training of future leaders. (2) Fostering a better understanding of the United States. (3) Establishing a rapport between the United States Armed Forces and Greece’s military to build partnerships for the future. (4) Enhancement of interoperability and capabilities for joint operations. (5) Focusing on professional military education, civilian control of the military, and protection of human rights.", "id": "H781B8220F12A42998BC3C18C84EEA253", "header": "IMET cooperation with Greece" }, { "text": "1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group \n(a) Establishment \nThere is established a group, to be known as the Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group , to serve as a legislative component to the 3+1 process launched in Jerusalem in March 2019. (b) Membership \nThe Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall include a group of not more than 6 United States Senators, to be known as the United States group , who shall be appointed in equal numbers by the majority leader and the minority leader of the Senate. The majority leader and the minority leader of the Senate shall also serve as ex officio members of the United States group. (c) Meetings \nNot less frequently than once each year, the United States group shall meet with members of the 3+1 group to discuss issues on the agenda of the 3+1 deliberations of the Governments of Greece, Israel, Cyprus, and the United States to include maritime security, defense cooperation, energy initiatives, and countering malign influence efforts by the People’s Republic of China and the Russian Federation. (d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated $100,000 for each fiscal year to assist in meeting the expenses of the United States group. (2) Availability of funds \nAmounts appropriated pursuant to the authorization under this subsection are authorized to remain available until expended. (e) Termination \nThe Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall terminate 4 years after the date of the enactment of this Act.", "id": "H88A91CEB8D0448768038C5ED10B5B210", "header": "Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group" }, { "text": "1317. Appropriate congressional committees \nIn this subtitle, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.", "id": "H968B5E3BCB904AC8A2496C19603EC4AB", "header": "Appropriate congressional committees" }, { "text": "1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program \nSection 1274 of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2350a note) is amended— (1) by amending subsection (c) to read as follows: (c) Contributions by participants \n(1) In general \nAn agreement under subsection (a) shall provide that— (A) the United States, as the host country for the Program, shall provide office facilities and related office equipment and supplies for the Program; and (B) each participating country shall contribute its equitable share of the remaining costs for the Program, including— (i) the agreed upon share of administrative costs related to the Program, except the costs for facilities and equipment and supplies described in subparagraph (A); and (ii) any amount allocated against the country for monetary claims as a result of participation in the Program, in accordance with the agreement. (2) Equitable contributions \nThe contributions, as allocated under paragraph (1) and set forth in an agreement under subsection (a), shall be considered equitable for purposes of this subsection and section 27(c) of the Arms Export Control Act ( 22 U.S.C. 2767(c) ). (3) Authorized contribution \nAn agreement under subsection (a) shall provide that each participating country may provide its contribution in funds, in personal property, in services required for the Program, or any combination thereof. (4) Funding for United States contribution \nAny monetary contribution by the United States to the Program that is provided in funds shall be made from funds available to the Department of Defense for operation and maintenance. (5) Contributions and reimbursements from other participating countries \n(A) In general \nThe Secretary of Defense may accept from any other participating country a contribution or reimbursement of funds, personal property, or services made by the participating country in furtherance of the Program. (B) Credit to appropriations \nAny contribution or reimbursement of funds received by the United States from any other participating country to meet that country’s share of the costs of the Program shall be credited to the appropriations available to the appropriate military department, as determined by the Secretary of Defense. (C) Treatment of personal property \nAny contribution or reimbursement of personal property received under this paragraph may be— (i) retained and used by the Program in the form in which it was contributed; (ii) sold or otherwise disposed of in accordance with such terms, conditions, and procedures as the members of the Program consider appropriate, and any resulting proceeds shall be credited to appropriations of the appropriate military department, as described in subparagraph (B); or (iii) converted into a form usable by the Program. (D) Use of credited funds \n(i) In general \nAmounts credited under subparagraph (B) or (C)(ii) shall be— (I) merged with amounts in the appropriation concerned; (II) subject to the same conditions and limitations as amounts in such appropriation; and (III) available for payment of Program expenses described in clause (ii). (ii) Program expenses described \nThe Program expenses described in this clause include— (I) payments to contractors and other suppliers, including the Department of Defense and participating countries acting as suppliers, for necessary goods and services of the Program; (II) payments for any damages or costs resulting from the performance or cancellation of any contract or other obligation in support of the Program; (III) payments or reimbursements for other Program expenses; or (IV) refunds to other participating countries. ; and (2) by striking subsection (g).", "id": "HBE320B16D57440138860EF995351B4BB", "header": "Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program" }, { "text": "1322. Foreign Area Officer assessment and review \n(a) Findings \nCongress finds the following: (1) Foreign Area Officers of the Army and their equivalent positions in the other Armed Forces (in this section referred to as FAOs ) are trained to manage, grow, and enhance security cooperation relationships between the United States and foreign partners and to build the overall military capacity and capabilities of foreign partners. (2) At present, some senior defense official positions in United States embassies are filled by officers lacking the necessary skills, training, and experience to strengthen the relationships between the United States and its critical partners and allies. (3) FAOs are trained to fill those positions, and deficiencies in the equitable use, assessment, promotion, diversity and inclusion of such officers, as well as limitations on career opportunities, undermine the ability of the Department of Defense to strengthen partnerships and alliances of the United States. (4) A federally funded research and development center can provide a roadmap to correcting these deficiencies, strengthening the FAO branch, and placing qualified FAOs in positions of positive influence over United States partnerships and alliances. (b) Assessment and review required \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to conduct an independent assessment and comprehensive review of the process by which Foreign Area Officers and their equivalent positions in the other Armed Forces (in this section referred to as FAOs ) are recruited, selected, trained, assigned, organized, promoted, retained, and used in security cooperation offices, senior defense roles in U.S. embassies, and in other critical roles of engagement with allies and partners. (2) Elements \nThe assessment and review conducted under paragraph (1) shall include the following: (A) Identification and assessment of the number and location of senior defense official billets, including their grade structure and availability to FAOs. (B) A review of the cultural, racial, and ethnic diversity of FAOs. (C) An assessment of the assignment process for FAOs. (D) A review and assessment of the promotion criteria, process, and possible pathways for career advancement for FAOs. (E) A review of the organization and categorization of FAOs by geographic region. (F) An assessment of the training program for FAOs and its effectiveness. (G) An assessment of the available career paths for FAOs. (H) An assessment of the criteria used to determine staffing requirements for senior defense official positions and security cooperation roles for uniformed officers. (I) A review of the staffing of senior defense official and security cooperation roles and assessment to determine whether requirements are being met through the staffing process. (J) An assessment of how the broader utilization of FAOs in key security cooperation and embassy defense leadership billets would improve the quality and professionalism of the security cooperation workforce under section 384 of title 10, United States Code. (K) A review of how many FAO opportunities are joint-qualifying and an assessment of whether increasing the number of joint-qualified opportunities for FAOs would increase recruitment, retention, and promotion. (L) Any other matters the Secretary determines relevant. (c) Results \nThe federally funded research and development center conducting the assessment and review described in subsection (b) shall submit to the Secretary the results of such assessment and review, which shall include the following: (1) A summary of the research and activities undertaken to carry out the assessment required by subsection (b). (2) Considerations and recommendations, including legislative recommendations, to achieve the following: (A) Improving the assessment, promotion, assignment selection, retention, and diversity of FAOs. (B) Assigning additional FAOs to positions as senior defense officials. (d) Submission to Congress \n(1) In general \nNot later than December 31, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (A) an unaltered copy of the results submitted pursuant to subsection (c) ; and (B) the written responses of the Secretary and the Chairman of the Joint Chiefs of Staff to such results. (2) Form \nThe submission under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "HC29FDD7960D84E25940DD632A0EB3756", "header": "Foreign Area Officer assessment and review" }, { "text": "1323. Study on certain security cooperation programs \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center with the appropriate expertise and analytical capability to carry out the study described in subsection (b). (b) Study \nThe study described in this subsection shall— (1) provide for a comprehensive assessment of strategic and operational lessons collected from the war in Afghanistan that can be applied to existing and future security cooperation programs; (2) identify metrics used in the war in Afghanistan to measure progress in partner capacity building and defense institution building and whether such metrics are sufficient for measuring progress in future security cooperation programs; (3) assess challenges related to strategic planning for capacity building, baseline assessments of partner capacity, and issues related to project sustainment, and recommendations for how to manage such challenges; (4) assess Department of Defense coordination with coalition partners engaged in partner capacity building and defense institution building efforts, and recommendations for how to improve such coordination; (5) identify risks posed by rapid expansion or reductions in security cooperation, and recommendations for how to manage such risks; (6) identify risks posed by corruption in security cooperation programs and recommendations for how to manage such risks; (7) assess best practices and training improvements for managing cultural barriers in partner countries, and recommendations for how to promote cultural competency; (8) assess the effectiveness of the Department of Defense in promoting the rights of women, including incorporating a gender perspective in security cooperation programs, in accordance with the Women, Peace and Security Strategic Framework and Implementation Plan issued by the Department of Defense in June 2020 and the Women, Peace, and Security Act of 2017 ( Public Law 115–68 ); (9) identify best practices to promote partner country ownership of long-term objectives of the United States including with respect to human rights, democratic governance, and the rule of law; (10) assess challenges related to contractors of the Department of Defense, including cost, limited functions, and oversight; and (11) assess best practices for sharing lessons on security cooperation with allies and partners. (c) Report \n(1) To Secretary of Defense \nNot later than two years after the date on which a federally funded research and development center enters into a contract described in subsection (a), such center shall submit to the Secretary of Defense a report containing the results of the study required under this section. (2) To Congress \nNot later than 30 days after the receipt of the report under paragraph (1), the Secretary of Defense shall submit to Congress such report, which shall be made public, together with any additional views or recommendations of the Secretary, which may be transmitted in a classified annex.", "id": "HB172085FBCA14016AE7EAB293E959607", "header": "Study on certain security cooperation programs" }, { "text": "1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome \nNot later than 30 days after the date of the enactment of this Act and every 120 days thereafter until all applicable funds have been obligated in support of Operation Allies Welcome or any successor operation, the Secretary of Defense shall submit to the congressional defense committees a notification that includes— (1) the costs associated with the provision of transportation, housing, medical services, and other sustainment expenses for Afghan special immigrant visa applicants and other Afghans at risk; and (2) whether such funds were obligated under a reimbursable or nonreimbursable basis.", "id": "HD7433B37FF9742A59A240CBC397607DD", "header": "Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome" }, { "text": "1331. Extension and modification of authority for certain payments to redress injury and loss \n(a) Extension \nSubsection (a) of section 1213 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2731 note) is amended by striking December 31, 2022 and inserting December 31, 2023. (b) Modification to conditions on payment \nSubsection (b) of such section is amended— (1) in paragraph (1) to read as follows: (1) the prospective foreign civilian recipient is not otherwise ineligible for payment under any other provision of law; ; (2) in paragraph (2), by striking a claim and inserting a request ; (3) in paragraph (4), by striking the claimant and inserting the prospective foreign civilian recipient ; and (4) in paragraph (5), by striking the claimant and inserting the prospective foreign civilian recipient. (c) Modifications to quarterly report requirement \nSubsection (g) of such section is amended— (1) in paragraph (1)(B), by striking claims and inserting requests ; and (2) by adding at the end the following: (3) The status of Department of Defense efforts to establish the requests procedures required under subsection (d)(1) and to otherwise implement this section.. (d) Modification to procedure to submit requests \nSuch section is further amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and (2) by inserting after subsection (c) the following: (d) Procedures to review allegations \n(1) Procedures required \nNot later than 180 days after the date of enactment of this subsection, the Secretary of Defense shall establish procedures to receive, evaluate, and respond to allegations of civilian harm resulting from military operations involving the United States Armed Forces, a coalition that includes the United States, or a military organization supporting the United States. Such responses may include— (A) a formal acknowledgement of such harm; (B) a nonmonetary expression of condolence; or (C) an ex gratia payment. (2) Consultation \nIn establishing the procedures under paragraph (1), the Secretary of Defense shall consult with the Secretary of State and with nongovernmental organizations that focus on addressing civilian harm in conflict. (3) Policy updates \nNot later than one year after the date of the enactment of this subsection, the Secretary of Defense shall ensure that procedures established under paragraph (1) are formalized through updates to the policy referred to in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note).. (e) Rule of construction \nNothing in this section or the amendments made by this section may be construed to require the Secretary of Defense to pause, suspend, or otherwise alter the provision of ex gratia payments in accordance with section 1213 of the National Defense Authorization Act for Fiscal Year 2020, as amended, in the course of developing the procedures required by subsection (d) of such section (as added by subsection (d) of this section).", "id": "HEE3C4C99F7BA4EF09EF3AAC768AE6A20", "header": "Extension and modification of authority for certain payments to redress injury and loss" }, { "text": "1332. Secretary of Defense Strategic Competition Initiative \n(a) In general \nThe Secretary of Defense, with the concurrence of the Secretary of State, may provide funds for one or more Department of Defense activities or programs described in subsection (b) that advance United States national security objectives for strategic competition by supporting Department of Defense efforts to compete below the threshold of armed conflict and by supporting other Federal departments and agencies in advancing United States strategic interests. (b) Authorized activities and programs \nActivities and programs for which funds may be provided under subsection (a) are the following: (1) The provision of funds to pay for personnel expenses of foreign defense or security personnel for bilateral or regional security cooperation programs and joint exercises, in accordance with section 321 of title 10, United States Code. (2) Activities to build the institutional capacity of foreign national security forces, including efforts to counter corruption, in accordance with section 332 of title 10, United States Code. (3) Activities to build the capabilities of the United States joint force and the security forces of United States allies and partners relating to irregular warfare. (4) Activities to expose and disprove foreign malign influence and disinformation, and to expose and deter coercion and subversion. (c) Funding \nAmounts made available for activities carried out pursuant to subsection (a) in a fiscal year may be derived only from amounts authorized to be appropriated for such fiscal year for the Department of Defense for operation and maintenance, Defense-wide. (d) Relationship to other funding \nAny amount provided by the Secretary of Defense during any fiscal year pursuant to subsection (a) for an activity or program described in subsection (b) shall be in addition to amounts otherwise available for that activity or program for that fiscal year. (e) Use of funds \n(1) Limitations \nOf funds made available under this section for any fiscal year— (A) not more than $20,000,000 in each fiscal year is authorized to be obligated and expended under this section; and (B) not more than $3,000,000 may be used to pay for personnel expenses under subsection (b)(1). (2) Prohibition \nFunds may not be provided under this section for any activity that has been denied authorization by Congress. (f) Annual report \nNot less frequently than annually, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the use of the authority under subsection (a). (g) Plan for Strategic Competition Initiative for U.S. Southern Command and U.S. Africa Command \n(1) In general \nThe Secretary of Defense shall develop and submit to the congressional defense committees a plan for an initiative to support programs and activities for strategic competition in the areas of responsibility of United States Southern Command and United States Africa Command. (2) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the plan developed under paragraph (1). (h) Termination \nThe authority under subsection (a) shall terminate on September 30, 2024.", "id": "HAA69323799524BD78043F08805760CC0", "header": "Secretary of Defense Strategic Competition Initiative" }, { "text": "1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States \nSection 1210A of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1626) is amended— (1) in subsection (a), by striking for the stabilization activities of other Federal agencies specified in subsection (c)(1) and inserting to other Federal agencies specified in subsection (c)(1) for the stabilization activities of such agencies ; (2) in subsection (b), by amending paragraph (1) to read as follows: (1) In general \nAmounts authorized to be provided pursuant to this section shall be available only for support for stabilization activities— (A) (i) in a country specified in paragraph (2); and (ii) that the Secretary of Defense, with the concurrence of the Secretary of State, has determined are in the national security interest of the United States; or (B) in a country that— (i) (I) has been selected as a priority country under section 505 of the Global Fragility Act of 2019 ( 22 U.S.C. 9804 ); or (II) is located in a region that has been selected as a priority region under section 505 of such Act; and (ii) has Department of Defense resource or personnel presence to support such activities. ; (3) in the first sentence of subsection (c)(1), by striking Support may be provided for stabilization activities under subsection (a) and inserting Support under subsection (a) may be provided ; (4) in subsection (g)(1), by striking , Defense-wide ; and (5) in subsection (h), by striking December 31, 2021 and inserting December 31, 2023.", "id": "H8942223548094CF49B132EC12D888CCA", "header": "Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States" }, { "text": "1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017 \nSection 1210E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by— (1) redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections (f) and (g): (f) Pilot program \n(1) Establishment \nThe Secretary of Defense, in consultation with the Secretary of State, shall establish and carry out a pilot program for the purpose of conducting partner country assessments described in subsection (b)(2). (2) Contract authority \nThe Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into one or more contracts with a nonprofit organization or a federally funded research and development center independent of the Department for the purpose of conducting such partner country assessments. (3) Selection of countries \n(A) In general \nThe Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country within the area of responsibility of each geographic combatant command for participation in the pilot program. (B) Considerations \nIn making the selection under subparagraph (A), the Secretary of Defense shall consider— (i) the demonstrated political commitment of the partner country to increasing the participation of women in the security sector; and (ii) the national security priorities and theater campaign strategies of the United States. (4) Partner country assessments \nPartner country assessments conducted under the pilot program shall be— (A) adapted to the local context of the partner country being assessed; (B) conducted in collaboration with the security sector of the partner country being assessed; and (C) based on tested methodologies. (5) Review and assessment \nWith respect to each partner country assessment conducted under the pilot program, the Secretary of Defense, in consultation with the Secretary of State, shall— (A) review the methods of research and analysis used by any entity contracted with under paragraph (2) in conducting the assessment and identify lessons learned from such review; and (B) assess the ability of the Department to conduct future partner country assessments without entering into such a contract, including by assessing potential costs and benefits for the Department that may arise in conducting such future assessments. (6) Findings \n(A) In general \nThe Secretary of Defense, in consultation with the Secretary of State, shall use findings from each partner country assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed, which shall be designed to substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities). (B) Model methodology \nThe Secretary of Defense, in consultation with the Secretary of State, shall develop, based on the findings of the pilot program, a model barrier assessment methodology for use across the geographic combatant commands. (7) Reports \n(A) In general \nNot later than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress an initial report on the implementation of the pilot program under this subsection that includes an identification of the partner countries selected for participation in the program and the justifications for such selections. (B) Methodology \nOn the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (6)(B). (g) Briefing \nNot later than 1 year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on the efforts to build partner defense institution and security force capacity pursuant to this section..", "id": "HB052626A635C4D4A8BE7307B86DA7D35", "header": "Pilot program to support the implementation of the Women, Peace, and Security act of 2017" }, { "text": "1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors \n(a) Requirement \nNot later than 90 days after the date of the enactment of this Act, and not later than September 1 of each subsequent year, the Secretary of State shall submit to the appropriate congressional committees a report on the sensors used in the international monitoring system of the Comprehensive Nuclear-Test-Ban Treaty Organization. Each such report shall include, with respect to the period covered by the report— (1) the number of incidents where such sensors are disabled, turned off, or experience technical difficulties ; and (2) with respect to each such incident— (A) the location of the sensor; (B) the duration of the incident; and (C) whether the Secretary determines there is reason to believe that the incident was a deliberate act on the part of the host nation. (b) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.", "id": "HCF7FF302F12C4AB29A8E82C5317B18BC", "header": "Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors" }, { "text": "1336. Security assistance in Northern Triangle countries \n(a) Certification relating to assistance for Guatemala \nPrior to the transfer of any vehicles by the Department of Defense to a joint task force of the Ministry of Defense or Ministry of the Interior of Guatemala during fiscal year 2022, the Secretary of Defense shall certify to the congressional defense committees that such ministries have made a credible commitment to use such equipment only for the uses for which they were intended. (b) Report on security cooperation with Northern Triangle countries \n(1) In general \nNot later than June 30, 2022, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (A) A description of any ongoing or planned security cooperation activities between the United States and the Northern Triangle countries focused on protection of human rights and adherence to the rule of law. (B) A description of efforts to investigate credible information on gross violations of human rights by the military or national security forces of the governments of Northern Triangle countries since January 1, 2017, consistent with applicable law, including the possible use in committing such violations of defense articles provided by the United States. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (c) GAO report \n(1) Not later than June 30, 2022, the Comptroller General shall submit to the congressional defense committees a report containing an evaluation of the Department of Defense’s end-use monitoring procedures for tracking credible information regarding the misuse by Northern Triangle countries of equipment provided by the Department of Defense, including— (A) the Department’s review of any credible information related to the misuse of Department of Defense-provided vehicles to Northern Triangle countries since 2018; and (B) a description of any remediation activities undertaken by the Department of Defense and Northern Triangle countries in response to any such misuse. (d) Strategic evaluation of security cooperation with Northern Triangle countries \n(1) In general \nNot later than March 31, 2022, the Secretary of Defense shall enter into an agreement with an appropriate federally funded research and development center to complete an evaluation, not later than June 30, 2024, of Department of Defense security cooperation programs in United States Southern Command area of responsibility that includes— (A) how such programs in general and in Northern Triangle countries in particular advance U.S. Southern Command’s Theater Campaign Plan; (B) how such programs in general and in Northern Triangle countries in particular promote the rule of law and human rights in the United States Southern Command area of responsibility; (C) how such programs in general and in Northern Triangle countries in particular advance the objectives of the National Defense Strategy; and (D) any other matters the Secretary deems appropriate. (2) Report \nThe Secretary of Defense shall submit to the congressional defense committees a report that includes the evaluation completed by the federally funded research and development center selected pursuant to paragraph (1) within 30 days of receiving such evaluation. (3) Form \nThe report required by subsection (2) shall be submitted in unclassified form and posted on the Department of Defense’s public website, but may contain a classified annex. (e) Northern Triangle countries defined \nIn this section, the term Northern Triangle countries means El Salvador, Guatemala, and Honduras.", "id": "H92939F6F941840659AEC97ADEC3380A0", "header": "Security assistance in Northern Triangle countries" }, { "text": "1337. Report on human rights in Colombia \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report that includes the following: (1) A detailed summary of the security cooperation relationship between the United States and Colombia, including a description of United States objectives, any ongoing or planned security cooperation activities with the military or other security forces of Colombia, an assessment of the capabilities of the military or other security forces of Colombia, and a description of the capabilities of the military or other security forces of Colombia that the Department of Defense has identified as a priority for further capability building efforts. (2) A description of any ongoing or planned cooperative activities between the United States and Colombia focused on human rights and adherence to the rule of law, and a description of the manner and extent to which the security cooperation strategy between the United States and Colombia seeks to build the institutional capacity of the Colombian military or other Colombian security forces to respect human rights and encourage accountability. (b) Definition \nIn this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.", "id": "H2D4AFCACC9EA4C81B0A79A61861D32D8", "header": "Report on human rights in Colombia" }, { "text": "1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean \n(a) Report \nNot later than June 30, 2022, the Secretary of State, in coordination with the Secretary of Defense and in consultation with the heads of other appropriate Federal departments and agencies, as necessary, shall submit to the appropriate congressional committees a report that identifies efforts by the Government of the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean through diplomatic, military, economic, and other means, and describes the implications of such efforts on the national defense and security interests of the United States. (b) Elements \nThe report required by subsection (a) shall also include the following: (1) An identification of— (A) the countries of Latin America and the Caribbean with which the Government of the People’s Republic of China maintains especially close diplomatic, military, and economic relationships; (B) the number and contents of strategic partnership agreements or similar agreements, including any non-public, secret, or informal agreements, that the Government of the People’s Republic of China has established with countries and regional organizations of Latin America and the Caribbean; (C) the countries of Latin America and the Caribbean that have joined the Belt and Road Initiative or the Asian Infrastructure Investment Bank; (D) the countries of Latin America and the Caribbean to which the Government of the People’s Republic of China provides foreign assistance or disaster relief (including access to COVID–19 vaccines), including a description of the amount and purpose of, and any conditions attached to, such assistance; (E) countries and regional organizations of Latin America and the Caribbean in which the Government of the People’s Republic of China, including its state-owned or state-directed enterprises and banks, have undertaken significant investments, or infrastructure projects, and correspondent banking and lending activities, at the regional, national, or subnational levels; (F) recent visits by senior officials of the Government of the People’s Republic of China, including its state-owned or state-directed enterprises, to Latin America and the Caribbean, and visits by senior officials from Latin America and the Caribbean to the People’s Republic of China; (G) the existence of any defense exchanges, military or police education or training, and exercises between any military or police organization of the Government of the People’s Republic of China and military, police, or security-oriented organizations of countries of Latin America and the Caribbean; (H) countries and regional organizations of Latin America and the Caribbean that maintain diplomatic relations with Taiwan; and (I) any steps that the Government of the People’s Republic of China has taken to encourage countries and regional organizations of Latin America and the Caribbean to switch diplomatic relations to the People’s Republic of China instead of Taiwan. (2) A detailed description of— (A) the relationship between the Government of the People’s Republic of China and the Government of Venezuela and the Government of Cuba; (B) military installations, assets, and activities of the Government of the People’s Republic of China in Latin America and the Caribbean that currently exist or are planned for the future; (C) sales or transfers of defense articles and services by the Government of the People’s Republic of China to countries of Latin America and the Caribbean; (D) a comparison of sales and transfers of defense articles and services to countries of Latin America and the Caribbean by the Government of the People’s Republic of China, the Russian Federation, and the United States; (E) any other form of military, paramilitary, or security cooperation between the Government of the People’s Republic of China and the governments of countries of Latin America and the Caribbean; (F) the nature, extent, and purpose of the Government of the People’s Republic of China’s intelligence activities in Latin America and the Caribbean; (G) the role of the Government of the People’s Republic of China in transnational crime in Latin America and the Caribbean, including trafficking and money laundering, as well as any links to the People’s Liberation Army; (H) efforts by the Government of the People’s Republic of China to expand the reach and influence of its financial system within Latin America and the Caribbean, through banking activities and payments systems and through goods and services related to the use of the digital yuan; and (I) efforts by the Government of the People’s Republic of China to build its media presence in Latin America and the Caribbean, and any government-directed disinformation or information warfare campaigns in the region, including for military purposes or with ties to the People’s Liberation Army. (3) An assessment of— (A) the specific objectives that the Government of the People’s Republic of China seeks to achieve by expanding its presence and influence in Latin America and the Caribbean, including any objectives articulated in official documents or statements; (B) whether certain investments by the Government of the People’s Republic of China, including in port projects, canal projects, and telecommunications projects in Latin America and the Caribbean, could have military uses or dual use capability or could enable the Government of the People’s Republic of China to monitor or intercept United States or host nation communications; (C) the degree to which the Government of the People’s Republic of China uses its presence and influence in Latin America and the Caribbean to encourage, pressure, or coerce governments in the region to support its defense and national security goals, including policy positions taken by the Government of the People’s Republic of China at international institutions; (D) documented instances of governments of countries of Latin America and the Caribbean silencing, or attempting to silence, local critics of the Government of the People’s Republic of China, including journalists, academics, and civil society representatives, in order to placate the Government of the People’s Republic of China; (E) the rationale for the Government of the People’s Republic of China becoming an observer at the Organization of American States; (F) the relationship between the Government of the People’s Republic of China and the Community of Latin American and Caribbean States (CELAC), a regional organization that excludes the United States, and the role of the China-CELAC Forum in coordinating such relationship; and (G) the specific actions and activities undertaken by the Government of the People’s Republic of China in Latin America and the Caribbean that present the greatest threat or challenge to the United States’ defense and national security interests in the region. (4) Any other matters the Secretary of State determines is appropriate. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex. (d) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. (2) The terms Latin America and the Caribbean and countries of Latin America and the Caribbean mean the countries and non-United States territories of South America, Central America, the Caribbean, and Mexico.", "id": "H76650F1B2A164505855F23F1377F681B", "header": "Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean" }, { "text": "1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen \nSection 1273(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1699) is amended by striking two-year period and inserting four-year period.", "id": "H4E959C8D840C4CF291662A2E7504B9A8", "header": "Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen" }, { "text": "1340. Statement of policy and report on Yemen \n(a) Statement of policy \nIt is the policy of the United States— (1) to continue to support and further efforts to bring an end to the conflict in Yemen; (2) to support efforts so that United States defense articles and services are not used for military operations resulting in civilian casualties; and (3) to work with allies and partners to address the ongoing humanitarian needs of Yemeni civilians. (b) Report \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on whether the Government of Saudi Arabia has undertaken offensive airstrikes inside Yemen in the preceding year resulting in civilian casualties. (2) Matters to be included \nThe report required by this subsection shall include the following: (A) A full description of any such airstrikes, including a detailed accounting of civilian casualties incorporating information from non-governmental sources. (B) An identification of Government of Saudi Arabia air units responsible for any such airstrikes. (C) A description of aircraft and munitions used in any such airstrikes. (3) Form \nThe report required by this subsection shall be submitted in unclassified form, but may contain a classified annex if necessary. (4) Appropriate congressional committees defined \nIn this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "H2C28902F5A9343DFA8B6FCCDE2117C06", "header": "Statement of policy and report on Yemen" }, { "text": "1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises \n(a) In general \nNone of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2022 may be used by the Secretary of Defense to support the participation of the military forces of the Kingdom of Morocco in any multilateral exercise administered by the Department of Defense unless the Secretary determines, in consultation with the Secretary of State, that the Kingdom of Morocco is committed to seeking a mutually acceptable political solution in Western Sahara. (b) Waiver \nThe Secretary may waive application of the limitation under subsection (a) if the Secretary submits to the congressional defense committees a written determination and justification that the waiver is important to the national security interests of the United States.", "id": "HBC89F69B1CEF4C3BA2D6B99F355AC68A", "header": "Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises" }, { "text": "1401. Working capital funds \nFunds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.", "id": "HB4A730BA036B41298630215AAC4AAAF8", "header": "Working capital funds" }, { "text": "1402. Chemical Agents and Munitions Destruction, Defense \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. (b) Use \nAmounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.", "id": "HC022C1D903D84B3498C9B42C982D06FB", "header": "Chemical Agents and Munitions Destruction, Defense" }, { "text": "1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide \nFunds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.", "id": "H47282AD3AC6C4656956C0049CA465FD3", "header": "Drug Interdiction and Counter-Drug Activities, Defense-Wide" }, { "text": "1404. Defense Inspector General \nFunds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.", "id": "HB67D27993436434CAB68E5940D39E402", "header": "Defense Inspector General" }, { "text": "1405. Defense Health Program \nFunds are hereby authorized to be appropriated for fiscal year 2022 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.", "id": "H49C6A94DB9E0409080F6190BD7651989", "header": "Defense Health Program" }, { "text": "1411. Acquisition of strategic and critical materials from the national technology and industrial base \nThe Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ) is amended— (1) in section 6(b)(2), by inserting to consult with producers and processors of such materials before to avoid ; (2) in section 12, by adding at the end the following new paragraph: (3) The term national technology and industrial base has the meaning given such term in section 2500 of title 10, United States Code. ; and (3) in section 15(a)— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) if domestic sources are unavailable to meet the requirements defined in paragraphs (1) through (4), by making efforts to prioritize the purchase of strategic and critical materials from the national technology and industrial base..", "id": "HDDC724F896BB4B2C93E637CD22BD85D6", "header": "Acquisition of strategic and critical materials from the national technology and industrial base" }, { "text": "1412. Authorization to loan materials in National Defense Stockpile \nSection 6 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98e ) is amended by adding at the end the following new subsection: (f) The President may loan stockpile materials to the Department of Energy or the military departments if the President— (1) has a reasonable assurance that stockpile materials of a similar or superior quantity and quality to the materials loaned will be returned to the stockpile or paid for; (2) notifies the congressional defense committees (as defined in section 101(a) of title 10, United States Code), in writing, not less than 30 days before making any such loan; and (3) includes in the written notification under paragraph (2) sufficient support for the assurance described in paragraph (1)..", "id": "H5448F50E23434D6491444D8A31453B47", "header": "Authorization to loan materials in National Defense Stockpile" }, { "text": "1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois \n(a) Authority for transfer of funds \nOf the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $137,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. (b) Use of transferred funds \nFor the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500).", "id": "H5678BA9D04EB4CF3863E11C9FEEBFA0A", "header": "Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois" }, { "text": "1414. Authorization of appropriations for Armed Forces Retirement Home \nThere is hereby authorized to be appropriated for fiscal year 2022 from the Armed Forces Retirement Home Trust Fund the sum of $75,300,000 for the operation of the Armed Forces Retirement Home.", "id": "HF03BC7B101EE445DB35749245CB36681", "header": "Authorization of appropriations for Armed Forces Retirement Home" }, { "text": "1501. Development of taxonomy of cyber capabilities \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a taxonomy of cyber capabilities, including software, hardware, middleware, code, other information technology, and accesses, designed for use in cyber effects operations. (b) Report \n(1) In general \nNot later than 30 days after the development of the taxonomy of cyber capabilities required under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report regarding such taxonomy. (2) Elements \nThe report required under paragraph (1) shall include the following: (A) The definitions associated with each category contained within the taxonomy of cyber capabilities developed pursuant to subsection (a). (B) Recommendations for improved reporting mechanisms to Congress regarding such taxonomy of cyber capabilities, using amounts from the Cyberspace Activities Budget of the Department of Defense. (C) Recommendations for modifications to the notification requirement under section 396 of title 10, United States Code, in order that such notifications would include information relating to such taxonomy of cyber capabilities, including with respect to both physical and nonphysical cyber effects. (D) Any other elements the Secretary determines appropriate.", "id": "HEF7A5E0957944E6996D367E5F5A805CA", "header": "Development of taxonomy of cyber capabilities" }, { "text": "1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard \nSection 1651(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 32 U.S.C. 501 note) is amended by striking 2022 and inserting 2024.", "id": "H8AB86C0B7AB44FB78ECA4F196469654F", "header": "Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard" }, { "text": "1503. Modification of the Principal Cyber Advisor \n(a) In general \nParagraph (1) of section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 2224 note) is amended to read as follows: (1) Designation \n(A) The Secretary shall designate, from among the personnel of the Office of the Under Secretary of Defense for Policy, a Principal Cyber Advisor to act as the principal advisor to the Secretary on military cyber forces and activities. (B) The Secretary may only designate an official under this paragraph if such official was appointed to the position in which such official serves by and with the advice and consent of the Senate.. (b) Designation of Deputy Principal Cyber Advisor \nSection 905(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended by striking Office of the Secretary of Defense and inserting Office of the Under Secretary of Defense for Policy. (c) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on such recommendations as the Deputy Secretary may have for alternate reporting structures for the Principal Cyber Advisor and the Deputy Principal Cyber Advisor within the Office of the Under Secretary for Policy.", "id": "H80431BD3CAFA47CC9005CB76B1D641B1", "header": "Modification of the Principal Cyber Advisor" }, { "text": "1504. Evaluation of Department of Defense cyber governance \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall complete an evaluation and review of the Department of Defense’s current cyber governance construct. (b) Scope \nThe evaluation and review conducted pursuant to subsection (a) shall— (1) assess the performance of the Department of Defense in carrying out the pillars of the cyber strategy and lines of efforts established in the most recent cyber posture review, including— (A) conducting military cyberspace operations of offensive, defensive, and protective natures; (B) securely operating technologies associated with information networks, industrial control systems, operational technologies, weapon systems, and weapon platforms; and (C) enabling, encouraging, and supporting the security of international, industrial, and academic partners; (2) analyze and assess the current institutional constructs across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and responsible for the execution of and civilian oversight for the responsibilities specified in paragraph (1); (3) analyze and assess the delineation of responsibilities within the current institutional construct within the Office of the Secretary of Defense for addressing the objectives of the 2018 Department of Defense Cyber Strategy and any superseding strategies, as well as identifying potential seams in responsibility; (4) examine the Department’s policy, legislative, and regulatory regimes related to cyberspace and cybersecurity matters, including the 2018 Department of Defense Cyber Strategy and any superseding strategies, for sufficiency in carrying out the responsibilities specified in paragraph (1); (5) examine the Office of the Secretary of Defense’s current alignment for the integration and coordination of cyberspace activities with other aspects of information operations, including information warfare and electromagnetic spectrum operations; (6) examine the current roles and responsibilities of each Principal Staff Assistant to the Secretary of Defense as such relate to the responsibilities specified in paragraph (1), and identify redundancy, duplication, or matters requiring deconfliction or clarification; (7) evaluate and, as appropriate, implement relevant managerial innovation from the private sector in the management of complex missions, including enhanced cross-functional teaming; (8) evaluate the state of collaboration among each Principal Staff Assistant in matters related to acquisition of cyber capabilities and other enabling technologies supporting the responsibilities specified in paragraph (1); (9) analyze and assess the Department’s performance in and posture for building and retaining the requisite workforce necessary to perform the responsibilities specified in paragraph (1); (10) determine optimal governance structures related to the management and advancement of the Department’s cyber workforce, including those structures defined under and evaluated pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and section 1726 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); (11) develop policy and legislative recommendations, as appropriate, to delineate and deconflict the roles and responsibilities of United States Cyber Command in defending and protecting the Department of Defense Information Network (DoDIN), with the responsibility of the Chief Information Officer, the Defense Information Systems Agency, and the military services to securely operate technologies described in paragraph (1)(B); (12) develop policy and legislative recommendations to enhance the authority of the Chief Information Officers within the military services, specifically as such relates to executive and budgetary control over matters related to such services’ information technology security, acquisition, and value; (13) develop policy and legislative recommendations, as appropriate, for optimizing the institutional constructs across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and responsible for the responsibilities specified in paragraph (1); and (14) make recommendations for any legislation determined appropriate. (c) Interim briefings \nNot later than 90 days after the commencement of the evaluation and review conducted pursuant to subsection (a) and every 30 days thereafter, the Secretary of Defense shall brief the congressional defense committees on interim findings of such evaluation and review. (d) Report \nNot later than 30 days after the completion of the evaluation and review conducted pursuant to subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on such evaluation and review.", "id": "HA517D6168A004E8C9A7A4CF0C4843761", "header": "Evaluation of Department of Defense cyber governance" }, { "text": "1505. Operational technology and mission-relevant terrain in cyberspace \n(a) Mission-relevant terrain \nNot later than January 1, 2025, the Secretary of Defense shall complete mapping of mission-relevant terrain in cyberspace for Defense Critical Assets and Task Critical Assets at sufficient granularity to enable mission thread analysis and situational awareness, including required— (1) decomposition of missions reliant on such Assets; (2) identification of access vectors; (3) internal and external dependencies; (4) topology of networks and network segments; (5) cybersecurity defenses across information and operational technology on such Assets; and (6) identification of associated or reliant weapon systems. (b) Combatant command responsibilities \nNot later than January 1, 2024, the Commanders of United States European Command, United States Indo-Pacific Command, United States Northern Command, United States Strategic Command, United States Space Command, United States Transportation Command, and other relevant Commands, in coordination with the Commander of United States Cyber Command, in order to enable effective mission thread analysis, cyber situational awareness, and effective cyber defense of Defense Critical Assets and Task Critical Assets under their control or in their areas of responsibility, shall develop, institute, and make necessary modifications to— (1) internal combatant command processes, responsibilities, and functions; (2) coordination with service components under their operational control, United States Cyber Command, Joint Forces Headquarters-Department of Defense Information Network, and the service cyber components; (3) combatant command headquarters’ situational awareness posture to ensure an appropriate level of cyber situational awareness of the forces, facilities, installations, bases, critical infrastructure, and weapon systems under their control or in their areas of responsibility, including, in particular, Defense Critical Assets and Task Critical Assets; and (4) documentation of their mission-relevant terrain in cyberspace. (c) Department of Defense Chief Information Officer responsibilities \n(1) In general \nNot later than November 1, 2023, the Chief Information Officer of the Department of Defense shall establish or make necessary changes to policy, control systems standards, risk management framework and authority to operate policies, and cybersecurity reference architectures to provide baseline cybersecurity requirements for operational technology in forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network. (2) Implementation of policies \nThe Chief Information Officer of the Department of Defense shall leverage acquisition guidance, concerted assessment of the Department’s operational technology enterprise, and coordination with the military department principal cyber advisors and chief information officers to drive necessary change and implementation of relevant policy across the Department’s forces, facilities, installations, bases, critical infrastructure, and weapon systems. (3) Additional responsibilities \nThe Chief Information Officer of the Department of Defense shall ensure that policies, control systems standards, and cybersecurity reference architectures— (A) are implementable by components of the Department; (B) limit adversaries’ ability to reach or manipulate control systems through cyberspace; (C) appropriately balance non-connectivity and monitoring requirements; (D) include data collection and flow requirements; (E) interoperate with and are informed by the operational community’s workflows for defense of information and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department; (F) integrate and interoperate with Department mission assurance construct; and (G) are implemented with respect to Defense Critical Assets and Task Critical Assets. (d) United States Cyber Command operational responsibilities \nNot later than January 1, 2025, the Commander of United States Cyber Command shall make necessary modifications to the mission, scope, and posture of Joint Forces Headquarters-Department of Defense Information Network to ensure that Joint Forces Headquarters— (1) has appropriate visibility of operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets and Task Critical Assets; (2) can effectively command and control forces to defend such operational technology; and (3) has established processes for— (A) incident and compliance reporting; (B) ensuring compliance with Department of Defense cybersecurity policy; and (C) ensuring that cyber vulnerabilities, attack vectors, and security violations, including, in particular, those specific to Defense Critical Assets and Task Critical Assets, are appropriately managed. (e) United States Cyber Command functional responsibilities \nNot later than January 1, 2025, the Commander of United States Cyber Command shall— (1) ensure in its role of Joint Forces Trainer for the Cyberspace Operations Forces that operational technology cyber defense is appropriately incorporated into training for the Cyberspace Operations Forces; (2) delineate the specific force composition requirements within the Cyberspace Operations Forces for specialized cyber defense of operational technology, including the number, size, scale, and responsibilities of defined Cyber Operations Forces elements; (3) develop and maintain, or support the development and maintenance of, a joint training curriculum for operational technology-focused Cyberspace Operations Forces; (4) support the Chief Information Officer of the Department of Defense as the Department’s senior official for the cybersecurity of operational technology under this section; (5) develop and institutionalize, or support the development and institutionalization of, tradecraft for defense of operational technology across local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces; (6) develop and institutionalize integrated concepts of operation, operational workflows, and cybersecurity architectures for defense of information and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets and Task Critical Assets, including— (A) deliberate and strategic sensoring of such Network and Assets; (B) instituting policies governing connections across and between such Network and Assets; (C) modelling of normal behavior across and between such Network and Assets; (D) engineering data flows across and between such Network and Assets; (E) developing local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces’ operational workflows and tactics, techniques, and procedures optimized for the designs, data flows, and policies of such Network and Assets; (F) instituting of model defensive cyber operations and Department of Defense Information Network operations tradecraft; and (G) integrating of such operations to ensure interoperability across echelons; and (7) advance the integration of the Department of Defense’s mission assurance, cybersecurity compliance, cybersecurity operations, risk management framework, and authority to operate programs and policies. (f) Service responsibilities \nNot later than January 1, 2025, the Secretaries of the military departments, through the service principal cyber advisors, chief information officers, the service cyber components, and relevant service commands, shall make necessary investments in operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network and the service-controlled forces responsible for defense of such operational technology to— (1) ensure that relevant local network and cybersecurity forces are responsible for defending operational technology across the forces, facilities, installations, bases, critical infrastructure, and weapon systems, including, in particular, Defense Critical Assets and Task Critical Assets; (2) ensure that relevant local operational technology-focused system operators, network and cybersecurity forces, mission defense teams and other service-retained forces, and cyber protection teams are appropriately trained, including through common training and use of cyber ranges, as appropriate, to execute the specific requirements of cybersecurity operations in operational technology; (3) ensure that all Defense Critical Assets and Task Critical Assets are monitored and defended by Cybersecurity Service Providers; (4) ensure that operational technology is appropriately sensored and appropriate cybersecurity defenses, including technologies associated with the More Situational Awareness for Industrial Control Systems Joint Capability Technology Demonstration, are employed to enable defense of Defense Critical Assets and Task Critical Assets; (5) implement Department of Defense Chief Information Officer policy germane to operational technology, including, in particular, with respect to Defense Critical Assets and Task Critical Assets; (6) plan for, designate, and train dedicated forces to be utilized in operational technology-centric roles across the military services and United States Cyber Command; and (7) ensure that operational technology, as appropriate, is not easily accessible via the internet and that cybersecurity investments accord with mission risk to and relevant access vectors for Defense Critical Assets and Task Critical Assets. (g) Office of the Secretary of Defense responsibilities \nNot later than January 1, 2023, the Secretary of Defense shall— (1) assess and finalize Office of the Secretary of Defense components’ roles and responsibilities for the cybersecurity of operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network; (2) assess the need to establish centralized or dedicated funding for remediation of cybersecurity gaps in operational technology across the Department of Defense Information Network; (3) make relevant modifications to the Department of Defense’s mission assurance construct, Mission Assurance Coordination Board, and other relevant bodies to drive— (A) prioritization of kinetic and non-kinetic threats to the Department’s missions and minimization of mission risk in the Department’s war plans; (B) prioritization of relevant mitigations and investments to harden and assure the Department’s missions and minimize mission risk in the Department’s war plans; and (C) completion of mission relevant terrain mapping of Defense Critical Assets and Task Critical Assets and population of associated assessment and mitigation data in authorized repositories; (4) make relevant modifications to the Strategic Cybersecurity Program; and (5) drive and provide oversight of the implementation of this section. (h) Budget rollout briefings \n(1) In general \nBeginning not later than 30 days after the date of the enactment of this Act, each of the Secretaries of the military departments, the Commander of United States Cyber Command, and the Chief Information Officer of the Department of Defense shall provide annual updates to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on activities undertaken and progress made to carry out this section. (2) Annual briefings \nNot later than one year after the date of the enactment of this Act and not less frequently than annually thereafter until January 1, 2024, the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition and Sustainment, the Chief Information Officer, and the Joint Staff J6, representing the combatant commands, shall individually or together provide briefings to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on activities undertaken and progress made to carry out this section. (i) Implementation \n(1) In general \nIn implementing this section, the Secretary of Defense shall prioritize the cybersecurity and cyber defense of Defense Critical Assets and Task Critical Assets and shape cyber investments, policy, operations, and deployments to ensure cybersecurity and cyber defense. (2) Application \nThis section shall apply to assets owned and operated by the Department of Defense, as well as to applicable non-Department assets essential to the projection, support, and sustainment of military forces and operations worldwide. (j) Definition \nIn this section: (1) Mission-relevant terrain in cyberspace \nmission-relevant terrain in cyberspace has the meaning given such term as specified in Joint Publication 6-0. (2) Operational technology \nThe term operational technology means control systems or controllers, communication architectures, and user interfaces that monitor or control infrastructure and equipment operating in various environments, such as weapon systems, utility or energy production and distribution, or medical, logistics, nuclear, biological, chemical, or manufacturing facilities.", "id": "HDF064FAD39B54C0FAB2AE4D801680C37", "header": "Operational technology and mission-relevant terrain in cyberspace" }, { "text": "1506. Matters concerning cyber personnel requirements \n(a) In general \nThe Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense, in consultation with Secretaries of the military departments and the head of any other organization or element of the Department the Secretary determines appropriate, shall— (1) determine the overall workforce requirement of the Department for cyberspace and information warfare military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel, and in doing so shall— (A) consider personnel in positions securing the Department of Defense Information Network and associated enterprise information technology, defense agencies and field activities, and combatant commands, including current billets primarily associated with the Department of Defense Cyber Workforce Framework; (B) consider the mix between military and civilian personnel, active and reserve components, and the use of the National Guard; (C) develop a talent management strategy that covers accessions, training, and education; and (D) consider such other elements as the Secretary determines appropriate; (2) assess current and future cyber education curriculum and requirements for military and civilian personnel, including— (A) acquisition personnel; (B) accessions and recruits to the military services; (C) cadets and midshipmen at the military service academies and enrolled in the Senior Reserve Officers’ Training Corps; (D) information environment and cyberspace military and civilian personnel; and (E) non-information environment cyberspace military and civilian personnel; (3) identify appropriate locations for information warfare and cyber education for military and civilian personnel, including— (A) the military service academies; (B) the senior level service schools and intermediate level service schools specified in section 2151(b) of title 10, United States Code; (C) the Air Force Institute of Technology; (D) the National Defense University; (E) the Joint Special Operations University; (F) the Command and General Staff Colleges; (G) the War Colleges; (H) any military education institution attached to or operating under any institution specified in this paragraph; (I) any other military educational institution of the Department identified by the Secretary for purposes of this section; (J) the Cyber Centers of Academic Excellence; and (K) potential future educational institutions of the Federal Government in accordance with the assessment required under subsection (b); and (4) determine— (A) whether the cyberspace domain mission requires a graduate level professional military education college on par with and distinct from the war colleges for the Army, Navy, and Air Force as in existence on the day before the date of the enactment of this Act; (B) whether such a college should be joint; and (C) where such a college should be located. (b) Assessment \nIn identifying appropriate locations for information warfare and cyber education for military and civilian personnel at potential future educational institutions of the Federal Government pursuant to subsection (a)(3)(K), the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense, in consultation with Secretaries of the military departments, the head of any other organization or element of the Department the Secretary determines appropriate, the Secretary of Homeland Security, and the National Cyber Director, shall assess the feasibility and advisability of establishing a National Cyber Academy or similar institute for the purpose of educating and training civilian and military personnel for service in cyber, information, and related fields throughout the Federal Government. (c) Reports required \n(1) Education \nNot later than November 1, 2022, the Secretary of Defense shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than January 1, 2023, the Secretary shall submit to such committees a report, on— (A) talent strategy to satisfy future cyber education requirements at appropriate locations referred to in subsection (a)(3); and (B) the findings of the Secretary in assessing cyber education curricula and identifying such locations. (2) Workforce \nNot later than November 1, 2024, the Secretary of Defense shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than January 1, 2025, the Secretary shall submit to such committees a report, on— (A) the findings of the Secretary in determining pursuant to subsection (a)(1) the overall workforce requirement of the Department of Defense for cyberspace and information warfare military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel; (B) such recommendations as the Secretary may have relating to such requirement; and (C) such legislative or administrative action as the Secretary identifies as necessary to effectively satisfy such requirement. (d) Education described \nIn this section, the term education includes formal education requirements, such as degrees and certification in targeted subject areas, as well as general training, including— (1) upskilling; (2) knowledge, skills, and abilities; and (3) nonacademic professional development.", "id": "H880765CAA18647A482551A4404303AD9", "header": "Matters concerning cyber personnel requirements" }, { "text": "1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command \n(a) Assignment of responsibilities \n(1) In general \nThe Commander of United States Cyber Command shall, subject to the authority, direction, and control of the Principal Cyber Advisor of the Department of Defense, be responsible for directly controlling and managing the planning, programming, budgeting, and execution of resources to train, equip, operate, and sustain the Cyber Mission Forces. (2) Effective date and applicability \nParagraph (1) shall take effect on the date of the enactment of this Act and apply— (A) on January 1, 2022, for controlling and managing budget execution; and (B) beginning with fiscal year 2024 and each fiscal year thereafter for directly controlling and managing the planning, programming, budgeting, and execution of resources. (b) Elements \n(1) In general \nThe responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall include the following: (A) Preparation of a program objective memorandum and budget estimate submission for the resources required to train, equip, operate, and sustain the Cyber Mission Forces. (B) Preparation of budget materials pertaining to United States Cyber Command for inclusion in the budget justification materials that are submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code) that is separate from any other military service or component of the Department. (2) Responsibilities not delegated \nThe responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall not include the following: (A) Military pay and allowances. (B) Funding for facility support that is provided by the military services. (c) Implementation plan \n(1) In general \nNot later than the date that is 30 days after the date of the enactment of this Act, the Comptroller General of the Department of Defense and the Commander of United States Cyber Command, in coordination with Chief Information Officer of the Department, the Principal Cyber Advisor, the Under Secretary of Defense for Acquisition and Sustainment, Cost Assessment and Program Evaluation, and the Secretaries of the military departments, shall jointly develop an implementation plan for the transition of responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1). (2) Elements \nThe implementation plan developed under paragraph (1) shall include the following: (A) A budgetary review to identify appropriate resources for transfer to the Commander of United States Cyber Command for carrying out responsibilities assigned pursuant to subsection (a)(1). (B) Definitions of appropriate roles and responsibilities. (C) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element for which the Commander of United States Cyber Command is responsible. (D) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element relevant to or that support the Cyber Mission Force for which the Secretaries of the military departments are responsible. (E) Required levels of civilian and military staffing within United States Cyber Command to carry out subsection (a)(1), and an estimate of when such levels of staffing will be achieved. (d) Briefing \n(1) In general \nNot later than the earlier of the date on which the implementation plan under subsection (c) is developed or the date that is 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the implementation plan. (2) Elements \nThe briefing required by paragraph (1) shall address any recommendations for when and how the Secretary of Defense should delegate to the Commander of United States Cyber Command budget authority for the Cyber Operations Forces (as such term is defined in the memorandum issued by the Secretary of Defense on December 12, 2019, relating to the definition of Department of Defense Cyberspace Operations Forces (DoD COF) ), after successful implementation of the responsibilities described in subsection (a) relating to the Cyber Mission Forces.", "id": "H604EDD810E5E44C8BC85D7EE5454B132", "header": "Assignment of certain budget control responsibilities to commander of United States Cyber Command" }, { "text": "1508. Coordination between United States Cyber Command and private sector \n(a) Voluntary process \nNot later than January 1, 2023, the Commander of United States Cyber Command shall establish a voluntary process to engage with private sector information technology and cybersecurity entities to explore and develop methods and plans through which the capabilities, knowledge, and actions of— (1) private sector entities operating inside the United States to defend against foreign malicious cyber actors could assist, or be coordinated with, the actions of United States Cyber Command operating outside the United States against such foreign malicious cyber actors; and (2) United States Cyber Command operating outside the United States against foreign malicious cyber actors could assist, or be coordinated with, the actions of private sector entities operating inside the United States against such foreign malicious cyber actors. (b) Annual briefing \n(1) In general \nDuring the period beginning on March 1, 2022, and ending on March 1, 2026, the Commander of United States Cyber Command shall, not less frequently than once each year, provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the status of any activities conducted pursuant to subsection (a). (2) Elements \nEach briefing provided under paragraph (1) shall include the following: (A) Such recommendations for legislative or administrative action as the Commander of United States Cyber Command considers appropriate to improve and facilitate the exploration and development of methods and plans under subsection (a). (B) Such recommendations as the Commander may have for increasing private sector participation in such exploration and development. (C) A description of the challenges encountered in carrying out subsection (a), including any concerns expressed to the Commander by private sector partners regarding participation in such exploration and development. (D) Information relating to how such exploration and development with the private sector could assist military planning by United States Cyber Command. (E) Such other matters as the Commander considers appropriate. (c) Consultation \nIn developing the process described in subsection (a), the Commander of United States Cyber Command shall consult with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and the heads of any other Federal agencies the Commander considers appropriate. (d) Integration with other efforts \nThe Commander of United States Cyber Command shall ensure that the process described in subsection (a) makes use of, builds upon, and, as appropriate, integrates with and does not duplicate, other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following: (1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency. (2) The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency. (3) The office for joint cyber planning of the Department of Homeland Security. (e) Protection of trade secrets and proprietary information \nThe Commander of United States Cyber Command shall ensure that any trade secret or proprietary information of a private sector entity engaged with the Department of Defense through the process established under subsection (a) that is made known to the Department pursuant to such process remains private and protected unless otherwise explicitly authorized by such entity. (f) Rule of construction \nNothing in this section may be construed to authorize United States Cyber Command to conduct operations inside the United States or for private sector entities to conduct offensive cyber activities outside the United States, except to the extent such operations or activities are permitted by a provision of law in effect on the day before the date of the enactment of this Act.", "id": "HC5A27D422011481E9947D052A9D83310", "header": "Coordination between United States Cyber Command and private sector" }, { "text": "1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities \n(a) Assessment of cyber posture of adversaries and operational assumptions of United States Government \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command, the Under Secretary of Defense for Policy, and the Under Secretary of Defense for Intelligence and Security, shall jointly sponsor or conduct an assessment, including, if appropriate, a war-game or tabletop exercise, of the current and emerging offensive and defensive cyber posture of adversaries of the United States and the current operational assumptions and plans of the Armed Forces for offensive cyber operations during potential crises or conflict. (2) Elements \nThe assessment required under paragraph (1) shall include consideration of the following: (A) Changes to strategies, operational concepts, operational preparation of the environment, and rules of engagement. (B) Opportunities provided by armed forces in theaters of operations and other innovative alternatives. (C) Changes in intelligence community (as such term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) targeting and operations in support of the Department of Defense. (D) Adversary capabilities to deny or degrade United States activities in cyberspace. (E) Adversaries’ targeting of United States critical infrastructure and implications for United States policy. (F) Potential effect of emerging technologies, such as fifth generation mobile networks, expanded use of cloud information technology services, and artificial intelligence. (G) Changes in Department of Defense organizational design. (H) The effect of private sector cybersecurity research. (F) Adequacy of intelligence support to cyberspace operations by Combat Support Agencies and Service Intelligence Centers. (b) Development of targeting strategies, supporting capabilities, and operational concepts \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command shall— (A) assess and establish the capabilities, capacities, tools, and tactics required to support targeting strategies for— (i) day-to-day persistent engagement of adversaries, including support to information operations; (ii) support to geographic combatant commanders at the onset of hostilities and during sustained conflict; and (iii) deterrence of attacks on United States critical infrastructure, including the threat of counter value responses; (B) develop future cyber targeting strategies and capabilities across the categories of cyber missions and targets with respect to which— (i) time-consuming and human effort-intensive stealthy operations are required to acquire and maintain access to targets, and the mission is so important it is worthwhile to expend such efforts to hold such targets at risk; (ii) target prosecution requires unique access and exploitation tools and technologies, and the target importance justifies the efforts, time, and expense relating thereto; (iii) operational circumstances do not allow for and do not require spending the time and human effort required for stealthy, nonattributable, and continuous access to targets; (iv) capabilities are needed to rapidly prosecute targets that have not been previously planned and that can be accessed and exploited using known, available tools and techniques; and (v) targets may be prosecuted with the aid of automated techniques to achieve speed, mass, and scale; (C) develop strategies for appropriate utilization of Cyber Mission Teams in support of combatant command objectives as— (i) adjuncts to or substitutes for kinetic operations; or (ii) independent means to achieve novel tactical, operational, and strategic objectives; and (D) develop collection and analytic support strategies for the service intelligence centers to assist operations by United States Cyber Command and the Service Cyber Components. (2) Briefing required \n(A) In general \nNot later than 30 days after the date on which all activities required under paragraph (1) have been completed, the Commander of United States Cyber Command shall provide the congressional defense committees a briefing on such activities. (B) Elements \nThe briefing provided pursuant to subparagraph (A) shall include the following: (i) Recommendations for such legislative or administrative action as the Commander of United States Cyber Command considers necessary to address capability shortcomings. (ii) Plans to address such capability shortcomings. (c) Country-specific access strategies \n(1) In general \nNot later than one year after the date on which all activities required under subsection (b)(1) have been completed, the Commander of United States Cyber Command shall complete development of country-specific access strategies for the Russian Federation, the People’s Republic of China, the Democratic People’s Republic of Korea, and the Islamic Republic of Iran. (2) Elements \nEach country-specific access strategy developed under paragraph (1) shall include the following: (A) Specification of desired and required— (i) outcomes; (ii) cyber warfighting architecture, including— (I) tools and redirectors; (II) access platforms; and (III) data analytics, modeling, and simulation capacity; (iii) specific means to achieve and maintain persistent access and conduct command and control and exfiltration against hard targets and in operationally challenging environments across the continuum of conflict; (iv) intelligence, surveillance, and reconnaissance support; (v) operational partnerships with allies; (vi) rules of engagement; (vii) personnel, training, and equipment; and (viii) targeting strategies, including strategies that do not demand deliberate targeting and precise access to achieve effects; and (B) recommendations for such policy or resourcing changes as the Commander of United States Cyber Command considers appropriate to address access shortfalls. (3) Consultation required \nThe Commander of United States Cyber Command shall develop the country-specific access strategies under paragraph (1) independently but in consultation with the following: (A) The Director of the National Security Agency. (B) The Director of the Central Intelligence Agency. (C) The Director of the Defense Advanced Research Projects Agency. (D) The Director of the Strategic Capabilities Office. (E) The Under Secretary of Defense for Policy. (F) The Principal Cyber Advisor to the Secretary of Defense. (G) The Commanders of all other combatant commands. (4) Briefing \nUpon completion of the country-specific access strategies under paragraph (1), the Commander of United States Cyber Command shall provide the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a briefing on such strategies. (d) Definition \nIn this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ).", "id": "H3AD8251F3F33402DBE545D242E107267", "header": "Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities" }, { "text": "1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure \n(a) Comprehensive assessment and recommendations required \nNot later than 180 days after the date of enactment of this section, the Secretary of Defense shall— (1) conduct a comprehensive assessment of the policy, capacity, and capabilities of the Department of Defense to diminish and defend the United States from the threat of ransomware attacks, including— (A) an assessment of the current and potential threats and risks to national and economic security posed by— (i) large-scale and sophisticated criminal cyber enterprises that provide large-scale and sophisticated cyber attack capabilities and infrastructure used to conduct ransomware attacks; and (ii) organizations that conduct or could conduct ransomware attacks or other attacks that use the capabilities and infrastructure described in clause (i) on a large scale against important assets and systems in the United States, including critical infrastructure; (B) an assessment of— (i) the threat posed to the Department of Defense Information Network and the United States by the large-scale and sophisticated criminal cyber enterprises, capabilities, and infrastructure described in subparagraph (A); and (ii) the current and potential role of United States Cyber Command in addressing the threat referred to in clause (i) including— (I) the threshold at which United States Cyber Command should respond to such a threat; and (II) the capacity for United States Cyber Command to respond to such a threat without harmful effects on other United States Cyber Command missions; (C) an identification of the current and potential Department efforts, processes, and capabilities to deter and counter the threat referred to in subparagraph (B)(i), including through offensive cyber effects operations; (D) an assessment of the application of the defend forward and persistent engagement operational concepts and capabilities of the Department to deter and counter the threat of ransomware attacks against the United States; (E) a description of the efforts of the Department in interagency processes, and joint collaboration with allies and partners of the United States, to address the growing threat from large-scale and sophisticated criminal cyber enterprises that conduct ransomware attacks and could conduct attacks with other objectives; (F) a determination of the extent to which the governments of countries in which large-scale and sophisticated criminal cyber enterprises are principally located are tolerating the activities of such enterprises, have interactions with such enterprises, could direct their operations, and could suppress such enterprises; (G) an assessment as to whether the large-scale and sophisticated criminal cyber enterprises described in subparagraph (F) are perfecting and practicing attack techniques and capabilities at scale that can be co-opted and placed in the service of the country in which such enterprises are principally located; and (H) identification of such legislative or administrative action as may be necessary to more effectively counter the threat of ransomware attacks; and (2) develop recommendations for the Department to build capabilities to develop and execute innovative methods to deter and counter the threat of ransomware attacks prior to and in response to the launching of such attacks. (b) Briefing \nNot later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the comprehensive assessment completed under paragraph (1) of subsection (a) and the recommendations developed under paragraph (2) of such subsection. (c) Definition \nIn this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ).", "id": "HE4E3A508CE0F4B66848562A537B64282", "header": "Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure" }, { "text": "1511. Comparative analysis of cybersecurity capabilities \n(a) Comparative analysis required \nNot later than 180 days after the date of the enactment of this Act, the Chief Information Officer and the Director of Cost Assessment and Program Evaluation (CAPE) of the Department of Defense, in consultation with the Principal Cyber Advisor to the Secretary of Defense and the Chief Information Officers of each of the military departments, shall jointly sponsor a comparative analysis, to be conducted by the Director of the National Security Agency and the Director of the Defense Information Systems Agency, of the following: (1) The cybersecurity tools, applications, and capabilities offered as options on enterprise software agreements for cloud-based productivity and collaboration suites, such as is offered under the Defense Enterprise Office Solution and Enterprise Software Agreement contracts with Department of Defense components, relative to the cybersecurity tools, applications, and capabilities that are currently deployed in, or required by, the Department to conduct— (A) asset discovery; (B) vulnerability scanning; (C) conditional access (also known as comply-to-connect ); (D) event correlation; (E) patch management and remediation; (F) endpoint query and control; (G) endpoint detection and response; (H) data rights management; (I) data loss prevention; (J) data tagging; (K) data encryption; (L) security information and event management; and (M) security orchestration, automation, and response. (2) The identity, credential, and access management (ICAM) system, and associated capabilities to enforce the principle of least privilege access, offered as an existing option on an enterprise software agreement described in paragraph (1), relative to— (A) the requirements of such system described in the Zero Trust Reference Architecture of the Department; and (B) the requirements of such system under development by the Defense Information Systems Agency. (3) The artificial intelligence and machine-learning capabilities associated with the tools, applications, and capabilities described in paragraphs (1) and (2), and the ability to host Government or third-party artificial intelligence and machine-learning algorithms pursuant to contracts referred to in paragraph (1) for such tools, applications, and capabilities. (4) The network consolidation and segmentation capabilities offered on the enterprise software agreements described in paragraph (1) relative to capabilities projected in the Zero Trust Reference Architecture. (5) The automated orchestration and interoperability among the tools, applications, and capabilities described in paragraphs (1) through (4). (b) Elements of comparative analysis \nThe comparative analysis conducted under subsection (a) shall include an assessment of the following: (1) Costs. (2) Performance. (3) Sustainment. (4) Scalability. (5) Training requirements. (6) Maturity. (7) Human effort requirements. (8) Speed of integrated operations. (9) Ability to operate on multiple operating systems and in multiple cloud environments. (10) Such other matters as the Chief Information Officer and the Director of Cost Assessment and Program Evaluation consider appropriate. (c) Briefing required \nNot later than 30 days after the date on which the comparative analysis required under subsection (a) is completed, the Chief Information Officer and the Director of Cost Assessment and Program Evaluation (CAPE) of the Department of Defense shall jointly provide the congressional defense committees with a briefing on the findings of the Chief Information Officer and the Director with respect to such analysis, together with such recommendations for legislative or administrative action as the Chief Information Officer and the Director may have with respect to the matters covered by such analysis.", "id": "H88EE41AD6B6B464A9AC7FA67CF0A901E", "header": "Comparative analysis of cybersecurity capabilities" }, { "text": "1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services \nSection 2012 of title 10, United States Code is amended— (1) in subsection (e)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: (3) Owners and operators of critical infrastructure (as such term is defined in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) )). ; and (2) in subsection (f), by adding at the end the following new paragraph: (5) Procedures to ensure that assistance provided to an entity specified in subsection (e)(3) is provided in a manner that is consistent with similar assistance provided under authorities applicable to other Federal departments and agencies, including the authorities of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security pursuant to title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. )..", "id": "HC749279C91454FFA8DB2E5950E65F805", "header": "Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services" }, { "text": "1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure \n(a) Report required \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the National Cyber Director, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that provides recommendations on how the Department of Defense can improve support and assistance to the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to increase awareness of cyber threats and vulnerabilities affecting information technology and networks supporting critical infrastructure within the United States, including critical infrastructure of the Department and critical infrastructure relating to the defense of the United States. (b) Elements of report \nThe report required by subsection (a) shall— (1) assess and identify areas in which the Department of Defense could provide support or assistance, including through information sharing and voluntary network monitoring programs, to the Cybersecurity and Infrastructure Security Agency to expand or increase technical understanding and awareness of cyber threats and vulnerabilities affecting critical infrastructure; (2) identify and assess any legal, policy, organizational, or technical barriers to carrying out paragraph (1); (3) assess and describe any legal or policy changes necessary to enable the Department to carry out paragraph (1) while preserving privacy and civil liberties; (4) assess and describe the budgetary and other resource effects on the Department of carrying out paragraph (1); and (5) provide a notional time-phased plan, including milestones, to enable the Department to carry out paragraph (1). (c) Critical infrastructure defined \nIn this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ).", "id": "H4CFA76F68F674022BF7997E3FC9D629B", "header": "Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure" }, { "text": "1521. Enterprise-wide procurement of cyber data products and services \n(a) Program \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall designate an executive agent for Department of Defense-wide procurement of cyber data products and services. The executive agent shall establish a program management office responsible for such procurement, and the program manager of such program office shall be responsible for the following: (1) Surveying components of the Department for the cyber data products and services needs of such components. (2) Conducting market research of cyber data products and services. (3) Developing or facilitating development of requirements, both independently and through consultation with components, for the acquisition of cyber data products and services. (4) Developing and instituting model contract language for the acquisition of cyber data products and services, including contract language that facilitates components’ requirements for ingesting, sharing, using and reusing, structuring, and analyzing data derived from such products and services. (5) Conducting procurement of cyber data products and services on behalf of the Department of Defense, including negotiating contracts with a fixed number of licenses based on aggregate component demand and negotiation of extensible contracts. (6) Carrying out the responsibilities specified in paragraphs (1) through (5) with respect to the cyber data products and services needs of the Cyberspace Operations Forces, such as cyber data products and services germane to cyberspace topology and identification of adversary threat activity and infrastructure, including— (A) facilitating the development of cyber data products and services requirements for the Cyberspace Operations Forces, conducting market research regarding the future cyber data products and services needs of the Cyberspace Operations Forces, and conducting acquisitions pursuant to such requirements and market research; (B) coordinating cyber data products and services acquisition and management activities with Joint Cyber Warfighting Architecture acquisition and management activities, including activities germane to data storage, data management, and development of analytics; (C) implementing relevant Department of Defense and United States Cyber Command policy germane to acquisition of cyber data products and services; (D) leading or informing the integration of relevant datasets and services, including Government-produced threat data, commercial cyber threat information, collateral telemetry data, topology-relevant data, sensor data, and partner-provided data; and (E) facilitating the development of tradecraft and operational workflows based on relevant cyber data products and services. (b) Coordination \nIn implementing this section, each component of the Department of Defense shall coordinate its cyber data products and services requirements and potential procurement plans relating to such products and services with the program management office established pursuant to subsection (a) so as to enable such office to determine if satisfying such requirements or procurement of such products and services on an enterprise-wide basis would serve the best interests of the Department. (c) Prohibition \nBeginning not later than 540 days after the date of the enactment of this Act, no component of the Department of Defense may independently procure a cyber data product or service that has been procured by the program management office established pursuant to subsection (a), unless— (1) such component is able to procure such product or service at a lower per-unit price than that available through such office; or (2) such office has approved such independent purchase. (d) Exception \nUnited States Cyber Command and the National Security Agency may conduct joint procurements of products and services, including cyber data products and services, except that the requirements of subsections (b) and (c) shall not apply to the National Security Agency. (e) Definition \nIn this section, the term cyber data products and services means commercially-available datasets and analytic services germane to offensive cyber, defensive cyber, and DODIN operations, including products and services that provide technical data, indicators, and analytic services relating to the targets, infrastructure, tools, and tactics, techniques, and procedures of cyber threats.", "id": "HCF14F28A492849A18C7992A570FB1F61", "header": "Enterprise-wide procurement of cyber data products and services" }, { "text": "1522. Legacy information technologies and systems accountability \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each initiate efforts to identify legacy applications, software, and information technology within their respective Departments and eliminate any such application, software, or information technology that is no longer required. (b) Specifications \nTo carry out subsection (a), that Secretaries of the Army, Navy, and Air Force shall each document the following: (1) An identification of the applications, software, and information technologies that are considered active or operational, but which are judged to no longer be required by the respective Department. (2) Information relating to the sources of funding for the applications, software, and information technologies identified pursuant to paragraph (1). (3) An identification of the senior official responsible for each such application, software, or information technology. (4) A plan to discontinue use and funding for each such application, software, or information technology. (c) Exemption \nAny effort substantially similar to that described in subsections (a) and (b) that is being carried out by the Secretary of the Army, Navy, or Air Force as of the date of the enactment of this Act and completed not later 180 days after such date shall be treated as satisfying the requirements under such subsections. (d) Report \nNot later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each submit to the congressional defense committees the documentation required under subsection (b).", "id": "HC31F750518644355B9122F3DCBDEFF2B", "header": "Legacy information technologies and systems accountability" }, { "text": "1523. Update relating to responsibilities of Chief Information Officer \nParagraph (1) of section 142(b) of title 10, United States Code, is amended— (1) in subparagraphs (A), (B), and (C), by striking (other than with respect to business management) each place it appears; and (2) by amending subparagraph (D) to read as follows: (D) exercises authority, direction, and control over the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, funded through the Information Systems Security Program;.", "id": "HFE7BB9004A62420895D5D06243C7B0EF", "header": "Update relating to responsibilities of Chief Information Officer" }, { "text": "1524. Protective Domain Name System within the Department of Defense \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall ensure each component of the Department of Defense uses a Protective Domain Name System (PDNS) instantiation offered by the Department. (b) Exemptions \nThe Secretary of Defense may exempt a component of the Department from using a PDNS instantiation for any reason except with respect to cost or technical application. (c) Report to Congress \nNot later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes information relating to— (1) each component of the Department of Defense that uses a PDNS instantiation offered by the Department; (2) each component exempt from using a PDNS instantiation pursuant to subsection (b); and (3) efforts to ensure that each PDNS instantiation offered by the Department connects and shares relevant and timely data.", "id": "H6CE2A732C256446CB8AD76F3A5BA2928", "header": "Protective Domain Name System within the Department of Defense" }, { "text": "1525. Cybersecurity of weapon systems \nSection 1640 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2224 note), is amended by adding at the end the following new subsection: (f) Annual reports \nNot later than August 30, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the congressional defense committees a report on the work of the Program, including information relating to staffing and accomplishments..", "id": "HD549FBC3C75E4D4E8A05F25C2653D7E7", "header": "Cybersecurity of weapon systems" }, { "text": "1526. Assessment of controlled unclassified information program \nSection 1648 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note), is amended— (1) in subsection (a), by striking February 1, 2020 and inserting 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; and (2) in subsection (b), by amending paragraph (4) to read as follows: (4) Definitions for Controlled Unclassified Information (CUI) and For Official Use Only (FOUO), policies regarding protecting information designated as either of such, and an explanation of the DoD CUI Program and Department of Defense compliance with the responsibilities specified in Department of Defense Instruction (DoDI) 5200.48, Controlled Unclassified Information (CUI), including the following: (A) The extent to which the Department of Defense is identifying whether information is CUI via a contracting vehicle and marking documents, material, and media containing such information in a clear and consistent manner. (B) Recommended regulatory or policy changes to ensure consistency and clarity in CUI identification and marking requirements. (C) Circumstances under which commercial information is considered CUI, and any impacts to the commercial supply chain associated with security and marking requirements pursuant to this paragraph. (D) Benefits and drawbacks of requiring all CUI to be marked with a unique CUI legend, versus requiring that all data marked with an appropriate restricted legend be handled as CUI. (E) The extent to which the Department of Defense clearly delineates Federal Contract Information (FCI) from CUI. (F) Examples or scenarios to illustrate information that is and is not CUI..", "id": "HC4C76A5EE70C4FA38E57017AA5E9E30B", "header": "Assessment of controlled unclassified information program" }, { "text": "1527. Cyber data management \n(a) In general \nThe Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief Information Officer and the Chief Data Officer of the Department of Defense, and the Chairman of the Joint Chiefs of Staff, shall— (1) access, acquire, and use mission-relevant data to support offensive cyber, defensive cyber, and DODIN operations from the intelligence community, other elements of the Department of Defense, and the private sector; (2) develop policy, processes, and operating procedures governing the access, ingest, structure, storage, analysis, and combination of mission-relevant data, including— (A) intelligence data; (B) internet traffic, topology, and activity data; (C) cyber threat information; (D) Department of Defense Information Network sensor, tool, routing infrastructure, and endpoint data; and (E) other data management and analytic platforms pertinent to United States Cyber Command missions that align with the principles of Joint All Domain Command and Control; (3) pilot efforts to develop operational workflows and tactics, techniques, and procedures for the operational use of mission-relevant data by the Cyberspace Operations Forces; and (4) evaluate data management platforms used to carry out paragraphs (1), (2), and (3) to ensure such platforms operate consistently with the Deputy Secretary of Defense’s Data Decrees signed on May 5, 2021. (b) Roles and responsibilities \n(1) In general \nNot later than 270 days after the date of the enactment of this Act, the Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief Information Officer and Chief Data Officer of the Department of Defense, and the Chairman of the Joint Chiefs of Staff, shall establish the specific roles and responsibilities of the following in implementing each of the tasks required under subsection (a): (A) United States Cyber Command. (B) Program offices responsible for the components of the Joint Cyber Warfighting Architecture. (C) The military services. (D) Entities in the Office of the Secretary of Defense. (E) Any other program office, headquarters element, or operational component newly instantiated or determined relevant by the Secretary. (2) Briefing \nNot later than 300 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the roles and responsibilities established under paragraph (1).", "id": "H7E614BEF5A124C3D81ECB503E1D54FA0", "header": "Cyber data management" }, { "text": "1528. Zero trust strategy, principles, model architecture, and implementation plans \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall jointly develop a zero trust strategy, principles, and a model architecture to be implemented across the Department of Defense Information Network, including classified networks, operational technology, and weapon systems. (b) Strategy, principles, and model architecture elements \nThe zero trust strategy, principles, and model architecture required under subsection (a) shall include, at a minimum, the following elements: (1) Prioritized policies and procedures for establishing implementations of mature zero trust enabling capabilities within on-premises, hybrid, and pure cloud environments, including access control policies that determine which persona or device shall have access to which resources and the following: (A) Identity, credential, and access management. (B) Macro and micro network segmentation, whether in virtual, logical, or physical environments. (C) Traffic inspection. (D) Application security and containment. (E) Transmission, ingest, storage, and real-time analysis of cybersecurity metadata endpoints, networks, and storage devices. (F) Data management, data rights management, and access controls. (G) End-to-end encryption. (H) User access and behavioral monitoring, logging, and analysis. (I) Data loss detection and prevention methodologies. (J) Least privilege, including system or network administrator privileges. (K) Endpoint cybersecurity, including secure host, endpoint detection and response, and comply-to-connect requirements. (L) Automation and orchestration. (M) Configuration management of virtual machines, devices, servers, routers, and similar to be maintained on a single virtual device approved list (VDL). (2) Policies specific to operational technology, critical data, infrastructures, weapon systems, and classified networks. (3) Specification of enterprise-wide acquisitions of capabilities conducted or to be conducted pursuant to the policies referred to in paragraph (2). (4) Specification of standard zero trust principles supporting reference architectures and metrics-based assessment plan. (5) Roles, responsibilities, functions, and operational workflows of zero trust cybersecurity architecture and information technology personnel— (A) at combatant commands, military services, and defense agencies; and (B) Joint Forces Headquarters-Department of Defense Information Network. (c) Architecture development and implementation \nIn developing and implementing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall— (1) coordinate with— (A) the Principal Cyber Advisor to the Secretary of Defense; (B) the Director of the National Security Agency Cybersecurity Directorate; (C) the Director of the Defense Advanced Research Projects Agency; (D) the Chief Information Officer of each military service; (E) the Commanders of the cyber components of the military services; (F) the Principal Cyber Advisor of each military service; (G) the Chairman of the Joints Chiefs of Staff; and (H) any other component of the Department of Defense as determined by the Chief Information Officer and the Commander; (2) assess the utility of the Joint Regional Security Stacks, automated continuous endpoint monitoring program, assured compliance assessment solution, and each of the defenses at the Internet Access Points for their relevance and applicability to the zero trust architecture and opportunities for integration or divestment; (3) employ all available resources, including online training, leveraging commercially available zero trust training material, and other Federal agency training, where feasible, to implement cybersecurity training on zero trust at the— (A) executive level; (B) cybersecurity professional or implementer level; and (C) general knowledge levels for Department of Defense users; (4) facilitate cyber protection team and cybersecurity service provider threat hunting and discovery of novel adversary activity; (5) assess and implement means to effect Joint Force Headquarters-Department of Defense Information Network’s automated command and control of the entire Department of Defense Information Network; (6) assess the potential of and, as appropriate, encourage, use of third-party cybersecurity-as-a-service models; (7) engage with and conduct outreach to industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to deployment of zero trust architectures; (8) assess the current Comply-to-Connect Plan; and (9) review past and conduct additional pilots to guide development, including— (A) utilization of networks designated for testing and accreditation under section 1658 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note); (B) use of automated red team products for assessment of pilot architectures; and (C) accreditation of piloted cybersecurity products for enterprise use in accordance with the findings on enterprise accreditation standards conducted pursuant to section 1654 of such Act ( Public Law 116–92 ). (d) Implementation plans \n(1) In general \nNot later than one year after the finalization of the zero trust strategy, principles, and model architecture required under subsection (a), the head of each military department and the head of each component of the Department of Defense shall transmit to the Chief Information Officer of the Department and the Commander of Joint Forces Headquarters-Department of Defense Information Network a draft plan to implement such zero trust strategy, principles, and model architecture across the networks of their respective components and military departments. (2) Elements \nEach implementation plan transmitted pursuant to paragraph (1) shall include, at a minimum, the following: (A) Specific acquisitions, implementations, instrumentations, and operational workflows to be implemented across unclassified and classified networks, operational technology, and weapon systems. (B) A detailed schedule with target milestones and required expenditures. (C) Interim and final metrics, including a phase migration plan. (D) Identification of additional funding, authorities, and policies, as may be required. (E) Requested waivers, exceptions to Department of Defense policy, and expected delays. (e) Implementation oversight \n(1) In general \nThe Chief Information Officer of the Department of Defense shall— (A) assess the implementation plans transmitted pursuant to subsection (d)(1) for— (i) adequacy and responsiveness to the zero trust strategy, principles, and model architecture required under subsection (a); and (ii) appropriate use of enterprise-wide acquisitions; (B) ensure, at a high level, the interoperability and compatibility of individual components’ Solutions Architectures, including the leveraging of enterprise capabilities where appropriate through standards derivation, policy, and reviews; (C) use the annual investment guidance of the Chief to ensure appropriate implementation of such plans, including appropriate use of enterprise-wide acquisitions; (D) track use of waivers and exceptions to policy; (E) use the Cybersecurity Scorecard to track and drive implementation of Department components; and (F) leverage the authorities of the Commander of Joint Forces Headquarters-Department of Defense Information Network and the Director of the Defense Information Systems Agency to begin implementation of such zero trust strategy, principles, and model architecture. (2) Assessments of funding \nNot later than March 31, 2024, and annually thereafter, each Principal Cyber Advisor of a military service shall include in the annual budget certification of such military service, as required by section 1657(d) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note), an assessment of the adequacy of funding requested for each proposed budget for the purposes of carrying out the implementation plan for such military service under subsection (d)(1). (f) Initial briefings \n(1) On model architecture \nNot later than 90 days after finalizing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information Officer of the Department of Defense and the Commander of Joint Forces Headquarters-Department of Defense Information Network shall provide to the congressional defense committees a briefing on such zero trust strategy, principles, and model architecture. (2) On implementation plans \nNot later than 90 days after the receipt by the Chief Information Officer of the Department of Defense of an implementation plan transmitted pursuant to subsection (d)(1), the secretary of a military department, in the case of an implementation plan pertaining to a military department or a military service, or the Chief Information Officer of the Department, in the case of an implementation plan pertaining to a remaining component of the Department, as the case may be, shall provide to the congressional defense committees a briefing on such implementation plan. (g) Annual briefings \nEffective February 1, 2022, at each of the annual cybersecurity budget review briefings of the Chief Information Officer of the Department of Defense and the military services for congressional staff, until January 1, 2030, the Chief Information Officer and the head of each of the military services shall provide updates on the implementation in their respective networks of the zero trust strategy, principles, and model architecture.", "id": "HDFE5B9A4D1E94AAC9992547A8AEB6E04", "header": "Zero trust strategy, principles, model architecture, and implementation plans" }, { "text": "1529. Demonstration program for automated security validation tools \n(a) Demonstration program required \nNot later than October 1, 2024, the Chief Information Officer of the Department of Defense, acting through the Director of the Defense Information Systems Agency of the Department, shall complete a demonstration program to demonstrate and assess an automated security validation capability to assist the Department by— (1) mitigating cyber hygiene challenges; (2) supporting ongoing efforts of the Department to assess weapon systems resiliency; (3) quantifying enterprise security effectiveness of enterprise security controls, to inform future acquisition decisions of the Department; (4) assisting portfolio managers with balancing capability costs and capability coverage of the threat landscape; and (5) supporting the Department’s Cybersecurity Analysis and Review threat framework. (b) Considerations \nIn developing capabilities for the demonstration program required under subsection (a), the Chief Information Officer shall consider— (1) integration into automated security validation tools of advanced commercially available threat intelligence; (2) metrics and scoring of security controls; (3) cyber analysis, cyber campaign tracking, and cybersecurity information sharing; (4) integration into cybersecurity enclaves and existing cybersecurity controls of security instrumentation and testing capability; (5) endpoint sandboxing; and (6) use of actual adversary attack methodologies. (c) Coordination with military services \nIn carrying out the demonstration program required under subsection (a), the Chief Information Officer, acting through the Director of the Defense Information Systems Agency, shall coordinate demonstration program activities with complementary efforts on-going within the military services, defense agencies, and field agencies. (d) Independent capability assessment \nIn carrying out the demonstration program required under subsection (a), the Chief Information Officer, acting through the Director of the Defense Information Systems Agency and in coordination with the Director, Operational Test and Evaluation, shall perform operational testing to evaluate the operational effectiveness, suitability, and cybersecurity of the capabilities developed under the demonstration program. (e) Briefing \n(1) Initial briefing \nNot later than April 1, 2022, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the plans and status of the Chief Information Officer with respect to the demonstration program required under subsection (a). (2) Final briefing \nNot later than October 31, 2024, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the results and findings of the Chief Information Officer with respect to the demonstration program required under subsection (a).", "id": "H031F298B52CE4B4D8CF0D0466308209B", "header": "Demonstration program for automated security validation tools" }, { "text": "1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters \nSection 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking one or more consortia and inserting a consortium ; and (B) in paragraph (1), by striking or consortia ; (2) in subsection (b), by striking or consortia ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) Designation of administrative chair \nThe Secretary of Defense shall designate the National Defense University College of Information and Cyberspace to function as the administrative chair of the consortium established pursuant to subsection (a). ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (D) in paragraph (2), as so redesignated— (i) in the matter preceding subparagraph (A)— (I) by striking Each administrative and inserting The administrative ; and (II) by striking a consortium and inserting the consortium ; and (ii) in subparagraph (A), by striking for the term specified by the Secretary under paragraph (1) ; and (E) by amending paragraph (3), as so redesignated, to read as follows: (3) Executive committee \nThe Secretary, in consultation with the administrative chair, may form an executive committee for the consortium that is comprised of representatives of the Federal Government to assist the chair with the management and functions of the consortium. ; and (4) by amending subsection (d) to read as follows: (d) Consultation \nThe Secretary shall meet with such members of the consortium as the Secretary considers appropriate, not less frequently than twice each year or at such periodicity as is agreed to by the Secretary and the consortium..", "id": "H796AD0E701864F3A8BA7483DBEDDAA98", "header": "Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters" }, { "text": "1531. Digital development infrastructure plan and working group \n(a) Plan required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the working group established under subsection (d)(1), shall develop a plan for the establishment of a modern information technology infrastructure that supports state of the art tools and modern processes to enable effective and efficient development, testing, fielding, and continuous updating of artificial intelligence-capabilities. (b) Contents of plan \nThe plan developed pursuant to subsection (a) shall include at a minimum the following: (1) A technical plan and guidance for necessary technical investments in the infrastructure described in subsection (a) that address critical technical issues, including issues relating to common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure. (2) A governance structure, together with associated policies and guidance, to support the implementation throughout the Department of such plan. (3) Identification and minimum viable instantiations of prototypical development and platform environments with such infrastructure, including enterprise data sets assembled under subsection (e). (c) Harmonization with departmental efforts \nThe plan developed pursuant to subsection (a) shall include a description of the aggregated and consolidated financial and personnel requirements necessary to implement each of the following Department of Defense documents: (1) The Department of Defense Digital Modernization Strategy. (2) The Department of Defense Data Strategy. (3) The Department of Defense Cloud Strategy. (4) The Department of Defense Software Modernization Strategy. (5) The Department-wide software science and technology strategy required under section 255 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 2223a note). (6) The Department of Defense Artificial Intelligence Data Initiative. (7) The Joint All-Domain Command and Control Strategy. (8) Such other documents as the Secretary determines appropriate. (d) Working group \n(1) Establishment \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group on digital development infrastructure implementation to develop the plan required under subsection (a). (2) Membership \nThe working group established under paragraph (1) shall be composed of individuals selected by the Secretary of Defense to represent each of the following: (A) The Office of Chief Data Officer (CDO). (B) The Component Offices of Chief Information Officer and Chief Digital Officer. (C) The Joint Artificial Intelligence Center (JAIC). (D) The Office of the Under Secretary of Defense for Research & Engineering (OUSD (R&E)). (E) The Office of the Under Secretary of Defense for Acquisition & Sustainment (OUSD (A&S)). (F) The Office of the Under Secretary of Defense for Intelligence & Security (OUSD (I&S)). (G) Service Acquisition Executives. (H) The Office of the Director of Operational Test and Evaluation (DOT&E). (I) The office of the Director of the Defense Advanced Research Projects Agency (DARPA). (J) Digital development infrastructure programs, including the appropriate activities of the military services and defense agencies. (K) Such other officials of the Department of Defense as the Secretary determines appropriate. (3) Chairperson \nThe chairperson of the working group established under paragraph (1) shall be the Chief Information Officer of the Department of Defense, or such other official as the Secretary of Defense considers appropriate. (4) Consultation \nThe working group shall consult with such experts outside of the Department of Defense as the working group considers necessary to develop the plan required under subsection (a). (e) Strategic data node \nTo enable efficient access to enterprise data sets referred to in subsection (b)(3) for users with authorized access, the Secretary of Defense shall assemble such enterprise data sets in the following areas: (1) Human resources. (2) Budget and finance. (3) Acquisition. (4) Logistics. (5) Real estate. (6) Health care. (7) Such other areas as the Secretary considers appropriate. (f) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the development of the plan required under subsection (a).", "id": "H85F7D65EEB2F444584CC9495B1CCD600", "header": "Digital development infrastructure plan and working group" }, { "text": "1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a study regarding the need, feasibility, and advisability of establishing within the Department of Defense a designated central program office responsible for overseeing covered academic engagement programs across the Department. Such study shall examine the following: (1) Whether the Department’s cyber-focused academic engagement needs more coherence, additional coordination, or improved management, and whether a designated central program office would provide such benefits. (2) How such a designated central program office would coordinate and harmonize Department programs relating to covered academic engagement programs. (3) Metrics such office would use to measure the effectiveness of covered academic engagement programs. (4) Whether such an office is necessary to serve as an identifiable entry point to the Department by the academic community. (5) Whether the cyber discipline with respect to academic engagement should be treated separately from other STEM fields. (6) How such an office would interact with the consortium universities (established pursuant to section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 391 note)) to assist the Secretary on cybersecurity matters. (7) Whether the establishment of such an office would have an estimated net savings for the Department. (b) Consultation \nIn conducting the study required under subsection (a), the Secretary of Defense shall consult with and solicit recommendations from academic institutions and stakeholders, including primary, secondary, and post-secondary educational institutions. (c) Determination \n(1) In general \nUpon completion of the study required under subsection (a), the Secretary of Defense shall make a determination regarding the establishment within the Department of Defense of a designated central program office responsible for overseeing covered academic engagement programs across the Department. (2) Implementation \nIf the Secretary of Defense makes an affirmative determination in accordance with paragraph (1), the Secretary shall establish within the Department of Defense a designated central program office responsible for overseeing covered academic programs across the Department. Not later than 180 days after such a determination, the Secretary shall promulgate such rules and regulations as are necessary to so establish such an office. (3) Negative determination \nIf the Secretary of Defense makes a negative determination in accordance with paragraph (1), the Secretary shall submit to the congressional defense committees notice of such determination, together with a justification for such determination. Such justification shall include— (A) how the Secretary intends to coordinate and harmonize covered academic engagement programs; and (B) measures to determine effectiveness of covered academic engagement programs absent a designated central program office responsible for overseeing covered academic programs across the Department. (d) Report \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that updates the matters required for inclusion in the reports required pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and section 1726(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (e) Definition \nIn this section, the term covered academic engagement program means each of the following: (1) Primary, secondary, or post-secondary education programs with a cyber focus. (2) Recruitment or retention programs for Department of Defense cyberspace personnel, including scholarship programs. (3) Academic partnerships focused on establishing cyber talent. (4) Cyber enrichment programs.", "id": "HAF83A7FEF9F944B79CE037C0598F1FFE", "header": "Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department" }, { "text": "1533. Report on the Cybersecurity Maturity Model Certification program \n(a) Report required \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the plans and recommendations of the Secretary for the Cyber Maturity Model Certification program. (b) Contents \nThe report submitted under subsection (a) shall include the following: (1) The programmatic changes required in the Cyber Maturity Model Certification program to address the plans and recommendations of the Secretary of Defense referred to in such subsection. (2) The strategy of the Secretary for rulemaking for such program and the process for the Cybersecurity Maturity Model Certification rule. (3) The budget and resources required to support such program. (4) A plan for communication and coordination with the defense industrial base regarding such program. (5) The coordination needed within the Department of Defense and between Federal agencies for such program. (6) The applicability of such program requirements to universities and academic partners of the Department. (7) A plan for communication and coordination with such universities and academic partners regarding such program. (8) Plans and explicit public announcement of processes for reimbursement of cybersecurity compliance expenses for small and non-traditional businesses in the defense industrial base. (9) Plans for ensuring that persons seeking a Department contract for the first time are not required to expend funds to acquire cybersecurity capabilities and a certification required to perform under a contract as a precondition for bidding on such a contract without reimbursement in the event that such persons do not receive a contract award. (10) Clarification of roles and responsibilities of prime contractors for assisting and managing cybersecurity performance of subcontractors. (11) Such additional matters as the Secretary considers appropriate.", "id": "HD5706A331A7C4E47B2F54B3D654E0FD2", "header": "Report on the Cybersecurity Maturity Model Certification program" }, { "text": "1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system \nSubsection (c) of section 499 of title 10, United States Code, is amended— (1) in the heading, by striking Report and inserting Reports ; (2) in paragraph (1), in the matter preceding subparagraph (A)— (A) by striking The Commanders and inserting For each assessment conducted under subsection (a), the Commanders ; and (B) by striking the assessment required by subsection (a) and inserting the assessment ; (3) in paragraph (2), by striking the report and inserting each report ; and (4) in paragraph (3)— (A) by striking The Secretary and inserting Not later than 90 days after the date of the submission of a report under paragraph (1), the Secretary ; and (B) by striking required by paragraph (1).", "id": "HDDCBCCE3275A4D19A9152E031271F2EB", "header": "Deadline for reports on assessment of cyber resiliency of nuclear command and control system" }, { "text": "1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems \n(a) In general \nSection 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended— (1) in subsection (e)(1)— (A) in subparagraph (G), by striking and; after the semicolon; (B) in subparagraph (H), by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (I) activities of the Center address the security of both information technology and operational technology, including industrial control systems; ; and (2) by adding at the end the following new subsection: (q) Industrial control systems \nThe Director shall maintain capabilities to identify and address threats and vulnerabilities to products and technologies intended for use in the automated control of critical infrastructure processes. In carrying out this subsection, the Director shall— (1) lead Federal Government efforts, in consultation with Sector Risk Management Agencies, as appropriate, to identify and mitigate cybersecurity threats to industrial control systems, including supervisory control and data acquisition systems; (2) maintain threat hunting and incident response capabilities to respond to industrial control system cybersecurity risks and incidents; (3) provide cybersecurity technical assistance to industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control system stakeholders to identify, evaluate, assess, and mitigate vulnerabilities; (4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control systems stakeholders; and (5) conduct such other efforts and assistance as the Secretary determines appropriate.. (b) Report to Congress \nNot later than 180 days after the date of the enactment of this Act and every six months thereafter during the subsequent 4-year period, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing on the industrial control systems capabilities of the Agency under section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by subsection (a). (c) GAO review \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall review implementation of the requirements of subsections (e)(1)(I) and (p) of section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by subsection (a), and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes findings and recommendations relating to such implementation. Such report shall include information on the following: (1) Any interagency coordination challenges to the ability of the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to lead Federal efforts to identify and mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(1) of such section. (2) The degree to which the Agency has adequate capacity, expertise, and resources to carry out threat hunting and incident response capabilities to mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(2) of such section, as well as additional resources that would be needed to close any operational gaps in such capabilities. (3) The extent to which industrial control system stakeholders sought cybersecurity technical assistance from the Agency pursuant to subsection (p)(3) of such section, and the utility and effectiveness of such technical assistance. (4) The degree to which the Agency works with security researchers and other industrial control systems stakeholders, pursuant to subsection (p)(4) of such section, to provide vulnerability information to the industrial control systems community.", "id": "H77E86D36C4D447409C0840E322466E06", "header": "Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems" }, { "text": "1542. Cybersecurity vulnerabilities \nSection 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and (B) by inserting after paragraph (3) the following new paragraph: (4) the term cybersecurity vulnerability has the meaning given the term security vulnerability in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 );. (2) in subsection (c)— (A) in paragraph (5)— (i) in subparagraph (A), by striking and after the semicolon at the end; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following new subparagraph: (B) sharing mitigation protocols to counter cybersecurity vulnerabilities pursuant to subsection (n), as appropriate; and ; and (iv) in subparagraph (C), as so redesignated, by inserting and mitigation protocols to counter cybersecurity vulnerabilities in accordance with subparagraph (B), as appropriate, before with Federal ; (B) in paragraph (7)(C), by striking sharing and inserting share ; and (C) in paragraph (9), by inserting mitigation protocols to counter cybersecurity vulnerabilities, as appropriate, after measures, ; (3) by redesignating subsection (o) as subsection (p); and (4) by inserting after subsection (n) following new subsection: (o) Protocols to counter certain cybersecurity vulnerabilities \nThe Director may, as appropriate, identify, develop, and disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, including in circumstances in which such vulnerabilities exist because software or hardware is no longer supported by a vendor..", "id": "H284066A47F4B4890B8D908501DF1AEA5", "header": "Cybersecurity vulnerabilities" }, { "text": "1543. Report on cybersecurity vulnerabilities \n(a) Report \nNot later than one year after the date of the enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on how the Agency carries out subsection (n) of section 2209 of the Homeland Security Act of 2002 to coordinate vulnerability disclosures, including disclosures of cybersecurity vulnerabilities (as such term is defined in such section), and subsection (o) of such section to disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, that include the following: (1) A description of the policies and procedures relating to the coordination of vulnerability disclosures. (2) A description of the levels of activity in furtherance of such subsections (n) and (o) of such section 2209. (3) Any plans to make further improvements to how information provided pursuant to such subsections can be shared (as such term is defined in such section 2209) between the Department and industry and other stakeholders. (4) Any available information on the degree to which such information was acted upon by industry and other stakeholders. (5) A description of how privacy and civil liberties are preserved in the collection, retention, use, and sharing of vulnerability disclosures. (b) Form \nThe report required under subsection (b) shall be submitted in unclassified form but may contain a classified annex.", "id": "HCDDC499E3862464EBEBBD652CF75E6B9", "header": "Report on cybersecurity vulnerabilities" }, { "text": "1544. Competition relating to cybersecurity vulnerabilities \nThe Under Secretary for Science and Technology of the Department of Homeland Security, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department, may establish an incentive-based program that allows industry, individuals, academia, and others to compete in identifying remediation solutions for cybersecurity vulnerabilities (as such term is defined in section 2209 of the Homeland Security Act of 2002) to information systems (as such term is defined in such section 2209) and industrial control systems, including supervisory control and data acquisition systems.", "id": "HF71489F24232465CBFA6BA7E12744B5F", "header": "Competition relating to cybersecurity vulnerabilities" }, { "text": "1545. Strategy \nSection 2210 of the Homeland Security Act of 2002 ( 6 U.S.C. 660 ) is amended by adding at the end the following new subsection: (e) Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments \n(1) In general \n(A) Requirement \nNot later than one year after the date of the enactment of this subsection, the Secretary, acting through the Director, shall, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, develop and make publicly available a Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments. (B) Recommendations and requirements \nThe strategy required under subparagraph (A) shall provide recommendations relating to the ways in which the Federal Government should support and promote the ability of State, local, Tribal, and territorial governments to identify, mitigate against, protect against, detect, respond to, and recover from cybersecurity risks (as such term is defined in section 2209), cybersecurity threats, and incidents (as such term is defined in section 2209). (2) Contents \nThe strategy required under paragraph (1) shall— (A) identify capability gaps in the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (B) identify Federal resources and capabilities that are available or could be made available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (C) identify and assess the limitations of Federal resources and capabilities available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents and make recommendations to address such limitations; (D) identify opportunities to improve the coordination of the Agency with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center, to improve— (i) incident exercises, information sharing and incident notification procedures; (ii) the ability for State, local, Tribal, and territorial governments to voluntarily adapt and implement guidance in Federal binding operational directives; and (iii) opportunities to leverage Federal schedules for cybersecurity investments under section 502 of title 40, United States Code; (E) recommend new initiatives the Federal Government should undertake to improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (F) set short-term and long-term goals that will improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; and (G) set dates, including interim benchmarks, as appropriate for State, local, Tribal, and territorial governments to establish baseline capabilities to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents. (3) Considerations \nIn developing the strategy required under paragraph (1), the Director, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, shall consider— (A) lessons learned from incidents that have affected State, local, Tribal, and territorial governments, and exercises with Federal and non-Federal entities; (B) the impact of incidents that have affected State, local, Tribal, and territorial governments, including the resulting costs to such governments; (C) the information related to the interest and ability of state and non-state threat actors to compromise information systems (as such term is defined in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 )) owned or operated by State, local, Tribal, and territorial governments; and (D) emerging cybersecurity risks and cybersecurity threats to State, local, Tribal, and territorial governments resulting from the deployment of new technologies. (4) Exemption \nChapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to any action to implement this subsection..", "id": "HAC94F53CD552480AB65357C3F6D14097", "header": "Strategy" }, { "text": "1546. Cyber incident response plan \nSubsection (c) of section 2210 of the Homeland Security Act of 2002 ( 6 U.S.C. 660 ) is amended— (1) by striking regularly update and inserting update not less often than biennially ; and (2) by adding at the end the following new sentence: The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response..", "id": "H58EE5E3856B14D7DB1BE9F6B6B79292B", "header": "Cyber incident response plan" }, { "text": "1547. National cyber exercise program \n(a) In general \nSubtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended by adding at the end the following new section: 2220B. National cyber exercise program \n(a) Establishment of program \n(1) In general \nThere is established in the Agency the National Cyber Exercise Program (referred to in this section as the Exercise Program ) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. (2) Requirements \n(A) In general \nThe Exercise Program shall be— (i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; (ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; (iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and (iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations. (B) Model exercise selection \nThe Exercise Program shall— (i) include a selection of model exercises that government and private entities can readily adapt for use; and (ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that— (I) conform to the requirements described in subparagraph (A); (II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and (III) provide for systematic evaluation of readiness. (3) Consultation \nIn carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. (b) Definitions \nIn this section: (1) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (2) Private entity \nThe term private entity has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (c) Rule of construction \nNothing in this section shall be construed to affect the authorities or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748 ).. (b) Title XXII technical and clerical amendments \n(1) Technical amendments \n(A) Homeland Security Act of 2002 \nSubtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (i) in section 2202(c) ( 6 U.S.C. 652(c) )— (I) in paragraph (11), by striking and after the semicolon; (II) in the first paragraph (12) (relating to appointment of a Cybersecurity State Coordinator) by striking as described in section 2215; and and inserting as described in section 2217; ; (III) by redesignating the second paragraph (12) (relating to the.gov internet domain) as paragraph (13); and (IV) by redesignating the third paragraph (12) (relating to carrying out such other duties and responsibilities) as paragraph (14); (ii) in the first section 2215 ( 6 U.S.C. 665 ; relating to the duties and authorities relating to.gov internet domain), by amending the section enumerator and heading to read as follows: 2215. Duties and authorities relating to.gov internet domain \n; (iii) in the second section 2215 ( 6 U.S.C. 665b ; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows: 2216. Joint cyber planning office \n; (iv) in the third section 2215 ( 6 U.S.C. 665c ; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows: 2217. Cybersecurity State Coordinator \n; (v) in the fourth section 2215 ( 6 U.S.C. 665d ; relating to Sector Risk Management Agencies), by amending the section enumerator and heading to read as follows: 2218. Sector Risk Management Agencies \n; (vi) in section 2216 ( 6 U.S.C. 665e ; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: 2219. Cybersecurity Advisory Committee \n; (vii) in section 2217 ( 6 U.S.C. 665f ; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: 2220. Cybersecurity Education and Training Programs \n; and (viii) in section 2218 ( 6 U.S.C. 665g ; relating to the State and Local Cybersecurity Grant Program), by amending the section enumerator and heading to read as follows: 2220A. State and Local Cybersecurity Grant Program \n. (B) Consolidated Appropriations Act, 2021 \nParagraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended, in the matter preceding subparagraph (A), by inserting of 2002 after Homeland Security Act. (2) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by striking the items relating to sections 2214 through 2218 and inserting the following new items: Sec. 2214. National Asset Database. Sec. 2215. Duties and authorities relating to.gov internet domain. Sec. 2216. Joint cyber planning office. Sec. 2217. Cybersecurity State Coordinator. Sec. 2218. Sector Risk Management Agencies. Sec. 2219. Cybersecurity Advisory Committee. Sec. 2220. Cybersecurity Education and Training Programs. Sec. 2220A. State and Local Cybersecurity Grant Program. Sec. 2220B. National cyber exercise program..", "id": "HDCFF0EFBB3CB4DCBAB0D3378CEAE32D6", "header": "National cyber exercise program" }, { "text": "2220B. National cyber exercise program \n(a) Establishment of program \n(1) In general \nThere is established in the Agency the National Cyber Exercise Program (referred to in this section as the Exercise Program ) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. (2) Requirements \n(A) In general \nThe Exercise Program shall be— (i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; (ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; (iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and (iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations. (B) Model exercise selection \nThe Exercise Program shall— (i) include a selection of model exercises that government and private entities can readily adapt for use; and (ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that— (I) conform to the requirements described in subparagraph (A); (II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and (III) provide for systematic evaluation of readiness. (3) Consultation \nIn carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. (b) Definitions \nIn this section: (1) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (2) Private entity \nThe term private entity has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (c) Rule of construction \nNothing in this section shall be construed to affect the authorities or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748 ).", "id": "H5D73BBB6678C49C6A01CBF6CA6F35E2A", "header": "National cyber exercise program" }, { "text": "2215. Duties and authorities relating to.gov internet domain", "id": "H54DC24A973714369B329B4CC41C8AB09", "header": "Duties and authorities relating to .gov internet domain" }, { "text": "2216. Joint cyber planning office", "id": "H721A637C3E6E4A79BEC7FD30AD54A1A3", "header": "Joint cyber planning office" }, { "text": "2217. Cybersecurity State Coordinator", "id": "HD08BE6735D8A4880A121D86464DB7741", "header": "Cybersecurity State Coordinator" }, { "text": "2218. Sector Risk Management Agencies", "id": "H7535CCDE55164655BB8BF3C38C303556", "header": "Sector Risk Management Agencies" }, { "text": "2219. Cybersecurity Advisory Committee", "id": "H98534C55F43A4D1AB4C5F7CB90B41BEC", "header": "Cybersecurity Advisory Committee" }, { "text": "2220. Cybersecurity Education and Training Programs", "id": "H6487BDC2C5CD474A9C7EEAFDE4E8A154", "header": "Cybersecurity Education and Training Programs" }, { "text": "2220A. State and Local Cybersecurity Grant Program", "id": "H42EEB24A17CB46C78DB10520FA5413BC", "header": "State and Local Cybersecurity Grant Program" }, { "text": "1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency \n(a) In general \nTitle XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is further amended by adding at the end the following new section: 2220C. CyberSentry program \n(a) Establishment \nThere is established in the Agency a program, to be known as CyberSentry , to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions, upon request and subject to the consent of such owner or operator. (b) Activities \nThe Director, through CyberSentry, shall— (1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of the Director and subject to the availability of resources, own or operate regionally or nationally significant industrial control systems that support national critical functions, in order to provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems that support such systems and detection of cybersecurity risks to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement and consent of such owner or operator; (2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to advise critical infrastructure owners and operators regarding mitigation measures and share information as appropriate; (3) identify cybersecurity risks in the information technology and information systems that support industrial control systems which could be exploited by adversaries attempting to gain access to such industrial control systems, and work with owners and operators to remediate such vulnerabilities; (4) produce aggregated, anonymized analytic products, based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners and operators; and (5) support activities authorized in accordance with section 1501 of the National Defense Authorization Act for Fiscal Year 2022. (c) Privacy review \nNot later than 180 days after the date of enactment of this section, the Privacy Officer of the Agency under section 2202(h) shall— (1) review the policies, guidelines, and activities of CyberSentry for compliance with all applicable privacy laws, including such laws governing the acquisition, interception, retention, use, and disclosure of communities; and (2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws. (d) Report to Congress \nNot later than one year after the date of the enactment of this section, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section. (e) Savings \nNothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code. (f) Definitions \nIn this section: (1) Cybersecurity risk \nThe term cybersecurity risk has the meaning given such term in section 2209(a). (2) Industrial control system \nThe term industrial control system means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes. (3) Information system \nThe term information system has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 6 U.S.C. 1501(9) ). (g) Termination \nThe authority to carry out a program under this section shall terminate on the date that is seven years after the date of the enactment of this section.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by adding after the item relating to section 2220B the following new item: Sec. 2220C. CyberSentry program.. (c) Continuous monitoring and detection \nSection 2209(c)(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended by inserting , which may take the form of continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions after mitigation, and remediation.", "id": "H8A9FEB7B17564CA78C6A23013201BAD9", "header": "CyberSentry program of the Cybersecurity and Infrastructure Security Agency" }, { "text": "2220C. CyberSentry program \n(a) Establishment \nThere is established in the Agency a program, to be known as CyberSentry , to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions, upon request and subject to the consent of such owner or operator. (b) Activities \nThe Director, through CyberSentry, shall— (1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of the Director and subject to the availability of resources, own or operate regionally or nationally significant industrial control systems that support national critical functions, in order to provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems that support such systems and detection of cybersecurity risks to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement and consent of such owner or operator; (2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to advise critical infrastructure owners and operators regarding mitigation measures and share information as appropriate; (3) identify cybersecurity risks in the information technology and information systems that support industrial control systems which could be exploited by adversaries attempting to gain access to such industrial control systems, and work with owners and operators to remediate such vulnerabilities; (4) produce aggregated, anonymized analytic products, based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners and operators; and (5) support activities authorized in accordance with section 1501 of the National Defense Authorization Act for Fiscal Year 2022. (c) Privacy review \nNot later than 180 days after the date of enactment of this section, the Privacy Officer of the Agency under section 2202(h) shall— (1) review the policies, guidelines, and activities of CyberSentry for compliance with all applicable privacy laws, including such laws governing the acquisition, interception, retention, use, and disclosure of communities; and (2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws. (d) Report to Congress \nNot later than one year after the date of the enactment of this section, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section. (e) Savings \nNothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code. (f) Definitions \nIn this section: (1) Cybersecurity risk \nThe term cybersecurity risk has the meaning given such term in section 2209(a). (2) Industrial control system \nThe term industrial control system means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes. (3) Information system \nThe term information system has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 6 U.S.C. 1501(9) ). (g) Termination \nThe authority to carry out a program under this section shall terminate on the date that is seven years after the date of the enactment of this section.", "id": "HF4298B8043C24D1B8E5B2948FB5C6BD7", "header": "CyberSentry program" }, { "text": "1549. Strategic assessment relating to innovation of information systems and cybersecurity threats \n(a) Responsibilities of director \nSection 2202(c)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 652 ) is amended by striking the semicolon at the end and adding the following: , including by carrying out a periodic strategic assessment of the related programs and activities of the Agency to ensure such programs and activities contemplate the innovation of information systems and changes in cybersecurity risks and cybersecurity threats; (b) Report \n(1) In general \nNot later than 240 days after the date of the enactment of this Act and not fewer than once every three years thereafter, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a strategic assessment for the purposes described in paragraph (2). (2) Purposes \nThe purposes described in this paragraph are the following: (A) A description of the existing programs and activities administered in furtherance of section 2202(c)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 652 ). (B) An assessment of the capability of existing programs and activities administered by the Agency in furtherance of such section to monitor for, manage, mitigate, and defend against cybersecurity risks and cybersecurity threats. (C) An assessment of past or anticipated technological trends or innovation of information systems or information technology that have the potential to affect the efficacy of the programs and activities administered by the Agency in furtherance of such section. (D) A description of any changes in the practices of the Federal workforce, such as increased telework, affect the efficacy of the programs and activities administered by the Agency in furtherance of section 2202(c)(3). (E) A plan to integrate innovative security tools, technologies, protocols, activities, or programs to improve the programs and activities administered by the Agency in furtherance of such section. (F) A description of any research and development activities necessary to enhance the programs and activities administered by the Agency in furtherance of such section. (G) A description of proposed changes to existing programs and activities administered by the Agency in furtherance of such section, including corresponding milestones for implementation. (H) Information relating to any new resources or authorities necessary to improve the programs and activities administered by the Agency in furtherance of such section. (c) Definitions \nIn this section: (1) The term Agency means the Cybersecurity and Infrastructure Security Agency. (2) The term cybersecurity purpose has the meaning given such term in section 102(4) of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501(4) ). (3) The term cybersecurity risk has the meaning given such term in section 2209(a)(2) of the Homeland Security Act of 2002 (U.S.C. 659(a)(2)). (4) The term information system has the meaning given such term in section 3502(8) of title 44, United States Code. (5) The term information technology has the meaning given such term in 3502(9) of title 44, United States Code. (6) The term telework has the meaning given the term in section 6501(3) of title 5, United States Code.", "id": "H381E1C59661D4E788CA83FFEA9B51B8A", "header": "Strategic assessment relating to innovation of information systems and cybersecurity threats" }, { "text": "1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations \n(a) Pilot required \nNot later than one year after the date of the enactment of this Act, the Secretary, acting through the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and in coordination with the Secretary of Defense and the National Cyber Director, shall commence a pilot program to assess the feasibility and advisability of entering into public-private partnerships with internet ecosystem companies to facilitate, within the bounds of applicable provisions of law and such companies’ terms of service, policies, procedures, contracts, and other agreements, actions by such companies to discover and disrupt use by malicious cyber actors of the platforms, systems, services, and infrastructure of such companies. (b) Public-private partnerships \n(1) In general \nIn carrying out the pilot program under subsection (a), the Secretary shall seek to enter into one or more public-private partnerships with internet ecosystem companies. (2) Voluntary participation \n(A) In general \nParticipation by an internet ecosystem company in a public-private partnership under the pilot program, including in any activity described in subsection (c), shall be voluntary. (B) Prohibition \nNo funds appropriated by any Act may be used to direct, pressure, coerce, or otherwise require that any internet ecosystem company take any action on their platforms, systems, services, or infrastructure as part of the pilot program. (c) Authorized activities \nIn carrying out the pilot program under subsection (a), the Secretary may— (1) provide assistance to a participating internet ecosystem company to develop effective know-your-customer processes and requirements; (2) provide information, analytics, and technical assistance to improve the ability of participating companies to detect and prevent illicit or suspicious procurement, payment, and account creation on their own platforms, systems, services, or infrastructure; (3) develop and socialize best practices for the collection, retention, and sharing of data by participating internet ecosystem companies to support discovery of malicious cyber activity, investigations, and attribution on the platforms, systems, services, or infrastructure of such companies; (4) provide to participating internet ecosystem companies actionable, timely, and relevant information, such as information about ongoing operations and infrastructure, threats, tactics, and procedures, and indicators of compromise, to enable such companies to detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies; (5) provide recommendations for (but not design, develop, install, operate, or maintain) operational workflows, assessment and compliance practices, and training that participating internet ecosystem companies can implement to reliably detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies; (6) provide recommendations for accelerating, to the greatest extent practicable, the automation of existing or implemented operational workflows to operate at line-rate in order to enable real-time mitigation without the need for manual review or action; (7) provide recommendations for (but not design, develop, install, operate, or maintain) technical capabilities to enable participating internet ecosystem companies to collect and analyze data on malicious activities occurring on the platforms, systems, services, or infrastructure of such companies to detect and disrupt operations of malicious cyber actors; and (8) provide recommendations regarding relevant mitigations for suspected or discovered malicious cyber activity and thresholds for action. (d) Competition concerns \nConsistent with section 1905 of title 18, United States Code, the Secretary shall ensure that any trade secret or proprietary information of a participating internet ecosystem company made known to the Federal Government pursuant to a public-private partnership under the pilot program remains private and protected unless explicitly authorized by such company. (e) Impartiality \nIn carrying out the pilot program under subsection (a), the Secretary may not take any action that is intended primarily to advance the particular business interests of an internet ecosystem company but is authorized to take actions that advance the interests of the United States, notwithstanding differential impact or benefit to a given company’s or given companies’ business interests. (f) Responsibilities \n(1) Secretary of Homeland Security \nThe Secretary shall exercise primary responsibility for the pilot program under subsection (a), including organizing and directing authorized activities with participating Federal Government organizations and internet ecosystem companies to achieve the objectives of the pilot program. (2) National Cyber Director \nThe National Cyber Director shall support prioritization and cross-agency coordination for the pilot program, including ensuring appropriate participation by participating agencies and the identification and prioritization of key private sector entities and initiatives for the pilot program. (3) Secretary of Defense \nThe Secretary of Defense shall provide support and resources to the pilot program, including the provision of technical and operational expertise drawn from appropriate and relevant officials and components of the Department of Defense, including the National Security Agency, United States Cyber Command, the Chief Information Officer, the Office of the Secretary of Defense, military department Principal Cyber Advisors, and the Defense Advanced Research Projects Agency. (g) Participation of other Federal Government components \nThe Secretary may invite to participate in the pilot program required under subsection (a) the heads of such departments or agencies as the Secretary considers appropriate. (h) Integration with other efforts \nThe Secretary shall ensure that the pilot program required under subsection (a) makes use of, builds upon, and, as appropriate, integrates with and does not duplicate other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following: (1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (2) The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency. (i) Rules of construction \n(1) Limitation on Government access to data \nNothing in this section authorizes sharing of information, including information relating to customers of internet ecosystem companies or private individuals, from an internet ecosystem company to an agency, officer, or employee of the Federal Government unless otherwise authorized by another provision of law. (2) Stored Communications Act \nNothing in this section may be construed to permit or require disclosure by a provider of a remote computing service or a provider of an electronic communication service to the public of information not otherwise permitted or required to be disclosed under chapter 121 of title 18, United States Code (commonly known as the Stored Communications Act ). (3) Third party customers \nNothing in this section may be construed to require a third party, such as a customer or managed service provider of an internet ecosystem company, to participate in the pilot program under subsection (a). (j) Briefings \n(1) Initial \n(A) In general \nNot later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the pilot program required under subsection (a). (B) Elements \nThe briefing required under subparagraph (A) shall include the following: (i) The plans of the Secretary for the implementation of the pilot program. (ii) Identification of key priorities for the pilot program. (iii) Identification of any potential challenges in standing up the pilot program or impediments, such as a lack of liability protection, to private sector participation in the pilot program. (iv) A description of the roles and responsibilities in the pilot program of each participating Federal entity. (2) Annual \n(A) In general \nNot later than two years after the date of the enactment of this Act and annually thereafter for three years, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the progress of the pilot program required under subsection (a). (B) Elements \nEach briefing required under subparagraph (A) shall include the following: (i) Recommendations for addressing relevant policy, budgetary, and legislative gaps to increase the effectiveness of the pilot program. (ii) Recommendations, such as providing liability protection, for increasing private sector participation in the pilot program. (iii) A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by internet ecosystem companies regarding participation in the pilot program. (iv) The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program. (v) Such other matters as the Secretary considers appropriate. (k) Termination \nThe pilot program required under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act. (l) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives. (2) Internet ecosystem company \nThe term internet ecosystem company means a business incorporated in the United States that provides cybersecurity services, internet service, content delivery services, Domain Name Service, cloud services, mobile telecommunications services, email and messaging services, internet browser services, or such other services as the Secretary determines appropriate for the purposes of the pilot program under subsection (a). (3) Secretary \nThe term Secretary means the Secretary of Homeland Security.", "id": "H1047DB010B1E4E7FA8156ADBA36D5337", "header": "Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations" }, { "text": "1551. United States-Israel cybersecurity cooperation \n(a) Grant program \n(1) Establishment \nThe Secretary, in accordance with the agreement entitled the Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters , dated May 29, 2008 (or successor agreement), and the requirements specified in paragraph (2), shall establish a grant program at the Department to support— (A) cybersecurity research and development; and (B) demonstration and commercialization of cybersecurity technology. (2) Requirements \n(A) Applicability \nNotwithstanding section 317 of the Homeland Security Act of 2002 ( 6 U.S.C. 195c ), in carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, the Secretary shall require cost sharing in accordance with this paragraph. (B) Research and development \n(i) In general \nExcept as provided in clause (ii), the Secretary shall require not less than 50 percent of the cost of a research, development, demonstration, or commercial application program or activity described in subparagraph (A) to be provided by a non-Federal source. (ii) Reduction \nThe Secretary may reduce or eliminate, on a case-by-case basis, the percentage requirement specified in clause (i) if the Secretary determines that such reduction or elimination is necessary and appropriate. (C) Merit review \nIn carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, awards shall be made only after an impartial review of the scientific and technical merit of the proposals for such awards has been carried out by or for the Department. (D) Review processes \nIn carrying out a review under subparagraph (C), the Secretary may use merit review processes developed under section 302(14) of the Homeland Security Act of 2002 ( 6 U.S.C. 182(14) ). (3) Eligible applicants \nAn applicant is eligible to receive a grant under this subsection if— (A) the project of such applicant— (i) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and (ii) is a joint venture between— (I) (aa) a for-profit business entity, academic institution, National Laboratory, or nonprofit entity in the United States; and (bb) a for-profit business entity, academic institution, or nonprofit entity in Israel; or (II) (aa) the Federal Government; and (bb) the Government of Israel; and (B) neither such applicant nor the project of such applicant pose a counterintelligence threat, as determined by the Director of National Intelligence. (4) Applications \nTo be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for such grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (5). (5) Advisory board \n(A) Establishment \nThe Secretary shall establish an advisory board to— (i) monitor the method by which grants are awarded under this subsection; and (ii) provide to the Secretary periodic performance reviews of actions taken to carry out this subsection. (B) Composition \nThe advisory board established under subparagraph (A) shall be composed of three members, to be appointed by the Secretary, of whom— (i) one shall be a representative of the Federal Government; (ii) one shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and (iii) one shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation. (6) Contributed funds \nNotwithstanding section 3302 of title 31, United States Code, the Secretary may, only to the extent provided in advance in appropriations Acts, accept or retain funds contributed by any person, government entity, or organization for purposes of carrying out this subsection. Such funds shall be available, subject to appropriation, without fiscal year limitation. (7) Reports \n(A) Grant recipients \nNot later than 180 days after the date of completion of a project for which a grant is provided under this subsection, the grant recipient shall submit to the Secretary a report that contains— (i) a description of how the grant funds were used by the recipient; and (ii) an evaluation of the level of success of each project funded by the grant. (B) Secretary \nNot later than one year after the date of the enactment of this Act and annually thereafter until the grant program established under this subsection terminates, the Secretary shall submit to the Committees on Homeland Security and Governmental Affairs and Foreign Relations of the Senate and the Committees on Homeland Security and Foreign Affairs of the House of Representatives a report on grants awarded and projects completed under such program. (8) Classification \nGrants shall be awarded under this subsection only for projects that are considered to be unclassified by both the United States and Israel. (b) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section not less than $6,000,000 for each of fiscal years 2022 through 2026. (c) Definitions \nIn this section— (1) the term cybersecurity research means research, including social science research, into ways to identify, protect against, detect, respond to, and recover from cybersecurity threats; (2) the term cybersecurity technology means technology intended to identify, protect against, detect, respond to, and recover from cybersecurity threats; (3) the term cybersecurity threat has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ; enacted as title I of the Cybersecurity Act of 2015 (division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ))); (4) the term Department means the Department of Homeland Security; (5) the term National Laboratory has the meaning given such term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ); and (6) the term Secretary means the Secretary of Homeland Security.", "id": "HDB1C57F753B14A8BAC31E2AD84F3CA37", "header": "United States-Israel cybersecurity cooperation" }, { "text": "1552. Authority for National Cyber Director to accept details on nonreimbursable basis \nSection 1752(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and indenting such subparagraphs two ems to the right; (2) in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking The Director may and inserting the following: (1) In general \nThe Director may ; (3) in paragraph (1)— (A) as redesignated by paragraph (2), by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph: (C) accept officers or employees of the United States or members of the Armed Forces on a detail from an element of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )) or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years; ; and (4) by adding at the end the following new paragraph: (2) Rules of construction regarding details \nNothing in paragraph (1)(C) may be construed as imposing any limitation on any other authority for reimbursable or nonreimbursable details. A nonreimbursable detail made pursuant to such paragraph shall not be considered an augmentation of the appropriations of the receiving element of the Office of the National Cyber Director..", "id": "H3F798AC10991471EAE8D9985981778A9", "header": "Authority for National Cyber Director to accept details on nonreimbursable basis" }, { "text": "1601. National security space launch program \n(a) Disclosure of National Security Space Launch program contract pricing terms \n(1) In general \nChapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section 2277: 2277. Disclosure of National Security Space Launch program contract pricing terms \n(a) In general \nWith respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (b) Competitively sensitive trade secret data \nThe congressional defense committees and the congressional intelligence committees shall— (1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and (2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. (c) Rule of construction \nFor purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law.. (2) Conforming amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2276 the following new item: 2277. Disclosure of National Security Space Launch program contract pricing terms.. (b) Policy \nWith respect to entering into contracts for launch services during the period beginning on the date of the enactment of this Act and ending September 30, 2024, it shall be the policy of the Department of Defense and the National Reconnaissance Office to— (1) use the National Security Space Launch program to the extent practical to procure launch services only from launch service providers that can meet Federal requirements with respect to delivering required payloads to reference orbits covered under the requirements of phase two; and (2) maximize continuous competition for launch services as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing and emerging national security requirements. (c) Notification \nIf the Secretary of Defense or the Director of the National Reconnaissance Office determines that a program requiring launch services that could be met using phase two contracts will instead use an alternative launch procurement approach, not later than seven days after the date of such determination, the Secretary of Defense or, as appropriate, the Director of National Intelligence, shall submit to the appropriate congressional committees— (1) a notification of such determination; (2) a certification that the alternative launch procurement approach is in the national security interest of the United States; and (3) an outline of the cost analysis and any other rationale for such determination. (d) Report \n(1) Requirement \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chief of Space Operations and the Director of the Space Development Agency, and in consultation with the Director of National Intelligence (including with respect to the views of the Director of the National Reconnaissance Office), shall submit to the appropriate congressional committees a report on the emerging launch requirements in the areas of space access, mobility, and logistics that will not be met by phase two capabilities. (2) Elements \nThe report under paragraph (1) shall include the following: (A) An examination of potential benefits of competing one or more launches that are outside of phase two capabilities, focused on accelerating the rapid development and on-orbit deployment of enabling and transformational technologies required to address any emerging requirements, including with respect to— (i) delivery of in-space transportation, logistics, and on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security space missions in a contested space environment; (ii) routine access to extended orbits beyond geostationary orbits, including cislunar orbits; (iii) greater cislunar awareness capabilities; (iv) vertical integration and standardized payload mating; (v) increased responsiveness for heavy lift capability; (vi) the ability to transfer orbits, including point-to-point orbital transfers; (vii) capacity and capability to execute secondary deployments; (viii) high-performance upper stages; and (ix) other new missions that are outside the parameters of the nine design reference missions that exist as of the date of the enactment of this Act. (B) A description of how competing space access, mobility, and logistics launches could aid in establishing a new acquisition framework to— (i) promote the potential for additional open and sustainable competition for phase three; and (ii) re-examine the balance of mission assurance versus risk tolerance to reflect new resilient spacecraft architectures and reduce workload on the Federal Government and industry to perform mission assurance where appropriate. (C) An analysis of how the matters under subparagraphs (A) and (B) may help continue to reduce the cost per launch of national security payloads. (D) An examination of the effects to the National Security Space Launch program if contracted launch providers cannot meet all phase two requirements, including with respect to— (i) the effects to national security launch resiliency; and (ii) the cost effects of a launch market that lacks full competition. (3) Form \nThe report under paragraph (1) shall be submitted in unclassified form, but may include a classified appendix. (4) Briefing \nNot later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the report under paragraph (1). (e) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the congressional defense committees; and (B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term phase three means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024. (3) The term phase two means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024.", "id": "H490B430978CF4AA7A78AA85A537C776E", "header": "National security space launch program" }, { "text": "2277. Disclosure of National Security Space Launch program contract pricing terms \n(a) In general \nWith respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (b) Competitively sensitive trade secret data \nThe congressional defense committees and the congressional intelligence committees shall— (1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and (2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. (c) Rule of construction \nFor purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law.", "id": "H77453D3237D74391B5E84B83DFBADF83", "header": "Disclosure of National Security Space Launch program contract pricing terms" }, { "text": "1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration \n(a) Modifications to space force acquisition council \n(1) Designation \nSection 9021 of title 10, United States Code, is amended— (A) in the section heading, by striking Force ; (B) in subsection (a), by striking Space Force Acquisition Council and inserting Space Acquisition Council ; and (C) in subsection (c), by striking of the Air Force for space systems and programs and inserting space systems and programs of the armed forces. (2) Conforming amendment \nSection 9016(b)(6)(B)(ii) of title 10, United States Code, is amended by striking Space Force Acquisition Council and inserting Space Acquisition Council. (3) Clerical amendment \nThe table of sections for chapter 903 of title 10, United States Code, is amended by striking the item relating to section 9021 and inserting the following new item: 9021. Space Acquisition Council.. (4) References \nAny reference to the Space Force Acquisition Council in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Space Acquisition Council. (b) Modifications relating to the assistant secretary of the air force for space acquisition and integration \n(1) Space force acquisition council review and certification of determinations of the assistant secretary of the air force for space acquisition and integration \nSection 9021(c) of title 10, United States Code, as amended by subsection (a), is further amended— (A) by striking The Council and inserting (1) The Council ; and (B) by adding at the end the following new paragraph: (2) (A) The Council shall promptly— (i) review any determination made by the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to architecture for the space systems and programs of the armed forces under section 9016(b)(6)(B)(i) of this title, including the requirements for operating such space systems or programs; and (ii) either— (I) if the Council finds such a determination to be warranted, certify the determination; or (II) if the Council finds such a determination not to be warranted, decline to certify the determination. (B) Not later than 10 business days after the date on which the Council makes a finding with respect to a certification under subparagraph (A), the Council shall submit to the congressional defense committees a notification of the finding, including a detailed justification for the finding. (C) Except as provided in subparagraph (D), the Assistant Secretary of the Air Force for Space Acquisition and Integration may not take any action to implement a determination referred to in subparagraph (A)(i) until 30 days has elapsed following the date on which the Council submits the notification under subparagraph (B). (D) (i) The Secretary of Defense may waive subparagraph (C) in the event of an urgent national security requirement. (ii) The Secretary of Defense shall submit to the congressional defense committees a notification of any waiver granted under clause (i), including a justification for the waiver.. (2) Department of Defense space systems and programs \nClause (i) of section 9016(b)(6)(B) of title 10, United States Code, is amended to read as follows: (i) Be responsible for and oversee all architecture and integration with respect to the acquisition of the space systems and programs of the armed forces, including in support of the Chief of Space Operations under section 9082 of this title.. (3) Transfer of acquisition projects for space systems and programs \nSection 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1566; 10 U.S.C. 9016 note) is amended by striking of the Air Force and inserting of the Armed Forces. (4) Designation of force design architect for Department of Defense space systems \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall— (A) designate the Chief of Space Operations the force design architect for space systems of the Armed Forces; and (B) submit to the congressional defense committees a certification of such designation.", "id": "H0F427CBC58BD435986D37C01591604B7", "header": "Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration" }, { "text": "1603. Delegation of Authorities to Space Development Agency \nSection 9086 of title 10, United States Code, as redesignated by section 1081, is amended by adding at the end the following new subsection: (d) Delegation of authorities \n(1) With respect to tranche 0 capabilities and tranche 1 capabilities, to the extent practicable, the Secretary of the Air Force, acting through the Service Acquisition Executive for Space Systems and Programs, shall ensure the delegation to the Agency of— (A) head of contracting authority; and (B) milestone decision authority for the middle tier of acquisition programs. (2) (A) The Service Acquisition Executive for Space Systems and Programs may rescind the delegation of authority under paragraph (1) for cause or on a case-by-case basis. (B) Not later than 30 days after the date of a rescission under subparagraph (A), the Secretary of the Air Force shall notify the congressional defense committees of such rescission. (3) In this subsection: (A) The term tranche 0 capabilities means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2022. (B) The term tranche 1 capabilities means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2024..", "id": "HB0ED6754CF364828914A21CB528C486C", "header": "Delegation of Authorities to Space Development Agency" }, { "text": "1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise \nSection 2279b of title 10, United States Code, is amended— (1) in subsection (d)(2)— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following new subparagraph (D): (D) Alternative methods to perform position navigation and timing. ; and (2) in subsection (h), by striking National Defense Authorization Act for Fiscal Year 2016 and inserting National Defense Authorization Act for Fiscal Year 2022.", "id": "H91C754F2077247A8B72ED3AD10BE3703", "header": "Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise" }, { "text": "1605. Improvements to tactically responsive space launch program \nSection 1609 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4048) is amended— (1) by striking The Secretary and inserting (a) Program.— The Secretary ; and (2) by adding at the end the following new subsection: (b) Support \n(1) Elements \nThe Secretary of Defense, in consultation with the Director of National Intelligence, shall support the tactically responsive launch program under subsection (a) during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 to ensure that the program addresses the following: (A) The ability to rapidly place on-orbit systems to respond to urgent needs of the commanders of the combatant commands or to reconstitute space assets and capabilities to support national security priorities if such assets and capabilities are degraded, attacked, or otherwise impaired, including such assets and capabilities relating to protected communications and intelligence, surveillance, and reconnaissance. (B) The entire launch process, including with respect to launch services, satellite bus and payload availability, and operations and sustainment on-orbit. (2) Plan \nAs a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to Congress a plan for the tactically responsive launch program to address the elements under paragraph (1). Such plan shall include the following: (A) Lessons learned from the Space Safari tactically responsive launch-2 mission of the Space Systems Command of the Space Force, and how to incorporate such lessons into future efforts regarding tactically responsive launches. (B) How to achieve responsive acquisition timelines within the adaptive acquisition framework for space acquisition pursuant to section 807. (C) Plans to address supply chain issues and leverage commercial capabilities to support future reconstitution and urgent space requirements leveraging the tactically responsive launch program under subsection (a)..", "id": "H505BE04EE8694B3094DFDE6A0CEB9168", "header": "Improvements to tactically responsive space launch program" }, { "text": "1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing \nSection 1612(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 441 note) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): (4) The term domestic includes, with respect to commercial capabilities or services covered by this section, capabilities or services provided by companies that operate in the United States and have active mitigation agreements pursuant to the National Industrial Security Program, unless the Director of the National Reconnaissance Office or the Director of the National Geospatial-Intelligence Agency submits to the appropriate congressional committees a written determination that excluding such companies is warranted on the basis of national security or strategic policy needs..", "id": "HB6A1FB132DA64D4EAFB7EC6DFAE2E480", "header": "Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing" }, { "text": "1607. Programs of record of Space Force and commercial capabilities \n(a) Service Acquisition Executive for Space Systems and Programs \nSection 957(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended by adding at the end the following new paragraph: (5) Programs of record and commercial capabilities \nPrior to establishing a program of record, the Service Acquisition Executive for Space Systems and Programs shall determine whether existing or planned commercially available capabilities could meet all or a portion of the requirements for that proposed program. Not later than 30 days after the date on which the Service Acquisition Executive makes such a positive determination, the Service Acquisition Executive shall submit to the congressional defense committees a notification of the results of the determination.. (b) Limitation \n(1) In general \nExcept as provided by paragraph (2), the Secretary of Defense may not rely solely on the use of commercial satellite services and associated systems to carry out operational requirements, including command and control requirements, targeting requirements, or other requirements that are necessary to execute strategic and tactical operations. (2) Mitigation measures \nThe Secretary may rely solely on the use of commercial satellite services and associated systems to carry out an operational requirement described in paragraph (1) if the Secretary has taken measures to mitigate the vulnerability of any such requirement. (c) Briefings \n(1) Requirement \nNot less frequently than quarterly through fiscal year 2025, the Secretary shall provide to the congressional defense committees a briefing on the use and extent of the reliance of the Department of Defense on commercial satellite services and associated systems to provide capability and additional capacity across the Department. (2) Elements \nEach briefing under paragraph (1) shall include the following for the preceding quarter: (A) A summary of commercial data and services used to fulfill requirements of the Department or to augment the systems and capabilities of the Department. (B) An assessment of any reliance on, and the resulting vulnerabilities of, such data and services. (C) An analysis of potential measures to mitigate such vulnerabilities. (D) A description of mitigation measures taken by the Secretary under subsection (b)(2). (d) Study \nThe Secretary of the Air Force shall seek to enter into an agreement with a federally funded research and development center that is not closely affiliated with the Air Force or the Space Force to conduct a study on— (1) the extent of commercial support of, and integration into, the space operations of the Armed Forces; and (2) measures to ensure that such operations, particularly operations that are mission critical, continue to be carried out in the most effective manner possible during a time of conflict.", "id": "HCE4D363961AA4CB1886FE9F8A177A21B", "header": "Programs of record of Space Force and commercial capabilities" }, { "text": "1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force \nSection 1666 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 113 Stat. 2617), as amended by section 1604 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) in the section heading, by striking the Air Force and inserting the Department of the Air Force ; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking each year thereafter through 2020 and inserting each year thereafter through 2026 ; and (ii) by inserting , in consultation with the Commander of the United States Strategic Command and the Commander of the United States Northern Command, after the Commander of the United States Space Command ; (B) in paragraph (1)— (i) by striking the Air Force is and inserting the Department of the Air Force is ; and (ii) by inserting and the Space Force after to the Air Force ; and (C) in paragraph (2), by striking the Air Force and inserting the Department of the Air Force ; and (3) in subsection (b)— (A) by inserting of the United States Space Command after Commander ; (B) by striking system of the Air Force and inserting system of the Department of the Air Force ; (C) by striking command of the Air Force and inserting command of the Department of the Air Force ; and (D) by striking aspects of the Air Force and inserting aspects of the Department of the Air Force.", "id": "HA44C9DA051F447D6814549A761C02379", "header": "Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force" }, { "text": "1609. Classification review of programs of the Space Force \n(a) Classification review \nThe Secretary of Defense shall— (1) not later than 120 days after the date of the enactment of this Act, conduct a review of each classified program managed under the authority of the Space Force to determine whether— (A) the level of classification of the program could be changed to a lower level; or (B) the program could be declassified; and (2) not later than 90 days after the date on which the Secretary completes such review, commence the change to the classification level or the declassification as determined in such review. (b) Coordination \nThe Secretary shall carry out the review under subsection (a)(1) in coordination with the Assistant Secretary of Defense for Space Policy and, as the Secretary determines appropriate, the heads of other elements of the Department of Defense. (c) Report \nNot later than 60 days after the date on which the Secretary completes the review under subsection (a)(1), the Secretary, in coordination with the Assistant Secretary of Defense for Space Policy, shall submit to the congressional defense committees a report identifying each program managed under the authority of the Space Force covered by a determination regarding changing the classification level of the program or declassifying the program, including— (1) the timeline for implementing such change or declassification; and (2) any risks that exist in implementing such change or declassification.", "id": "H786B85BF8F8940F1922EEB85D11DD081", "header": "Classification review of programs of the Space Force" }, { "text": "1610. Report on Range of the Future initiative of the Space Force \nNot later than 90 days after the date of the enactment of this Act, the Chief of Space Operations shall submit to the congressional defense committees a report containing the following: (1) A detailed plan to carry out the Space Force Range of the Future initiative, including the estimated funding required to implement the plan. (2) Identification of any specific authorities the Chief determines need to be modified by law to improve the ability of the Space Force to address long-term challenges to the physical infrastructure at the launch ranges of the Space Force, and an explanation for why such modified authorities are needed. (3) Any additional proposals that would support improved infrastructure at the launch ranges of the Space Force, including recommendations for legislative action to carry out such proposals.", "id": "HC1F4982A67514A6F8682BB1CCFA80688", "header": "Report on Range of the Future initiative of the Space Force" }, { "text": "1611. Space policy review \n(a) In general \nThe Secretary of Defense, in consultation with the Director of National Intelligence, shall carry out a review of the space policy of the Department of Defense. (b) Elements \nThe review under subsection (a) shall include the following: (1) With respect to the five-year period following the date of the review, an assessment of the threat to the space operations of the United States and the allies of the United States. (2) An assessment of the national security objectives of the Department relating to space. (3) An evaluation of the policy changes and funding necessary to accomplish such objectives during such five-year period. (4) An assessment of the policy of the Department with respect to deterring, responding to, and countering threats to the space operations of the United States and the allies of the United States. (5) An analysis of such policy with respect to normative behaviors in space, including the commercial use of space. (6) An analysis of the extent to which such policy is coordinated with other ongoing policy reviews, including reviews regarding nuclear, missile defense, and cyber operations. (7) A description of the organization and space doctrine of the Department to carry out the space policy of the Department. (8) An assessment of the space systems and architectures to implement such space policy. (9) Any other matters the Secretary considers appropriate. (c) Report \n(1) Requirement \nNot later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall submit to the appropriate congressional committees a report on the results of the review under subsection (a). (2) Annual updates \nConcurrent with the submission to Congress of the budget of the President for each of fiscal years 2024 through 2026 pursuant to section 1105(a) of title 31, United States Code, and more frequently during such period as the Secretary determines appropriate, the Secretary, in consultation with the Director, shall submit to the appropriate congressional committees a report describing any update to the assessments, analyses, and evaluations carried out pursuant to such review. (3) Form \nEach report under this subsection shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives. (3) The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate.", "id": "HF2044C97B8E14497A156E0EF13CE4EE0", "header": "Space policy review" }, { "text": "1612. Annual briefing on threats to space operations \n(a) Requirement \nNot later than February 28 each year through 2026, the Chief of Space Operations, in consultation with the Commander of the United States Space Command and the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the threats to the space operations of the United States posed by Russia, China, and any other country relevant to the conduct of such operations. (b) Elements \nEach briefing under subsection (a) shall include the following: (1) A review of the current posture of threats described in such subsection and anticipated advances in such threats over the subsequent five-year period. (2) A description of potential measures to counter such threats. (c) Distribution of briefing \nOn or about the same day as the Chief of Space Operations provides to the appropriate congressional committees a briefing under subsection (a), the Chief shall also provide to the National Space Council, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration the briefing at the highest level of classification possible. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committees on Armed Services, Energy and Commerce, Transportation and Infrastructure, and Science, Space, and Technology, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate.", "id": "HF893919440274F39BA28CACBDC687D1A", "header": "Annual briefing on threats to space operations" }, { "text": "1613. National Security Council briefing on potential harmful interference to Global Positioning System \n(a) Requirement \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the National Security Council, the Secretary of Commerce, and the Commissioners of the Federal Communications Commission a briefing at the highest level of classification on the current assessment of the Department of Defense, as of the date of the briefing, regarding the potential for harmful interference to the Global Positioning System, mobile satellite services, or other tactical or strategic systems of the Department of Defense, from commercial terrestrial operations and mobile satellite services using the 1525–1559 megahertz band and the 1626.5–1660.5 megahertz band. (b) Matters included \nThe briefing under subsection (a) shall include— (1) potential operational impacts that have been studied within the megahertz bands specified in such subsection; and (2) impacts that could be mitigated, if any, including how such mitigations could be implemented. (c) Congressional briefing \nNot later than seven days after the date on which the Secretary provides the briefing under subsection (a), the Secretary shall provide to the appropriate congressional committees such briefing. (d) Independent technical review \nThe Secretary shall carry out subsections (a) and (c) regardless of whether the independent technical review conducted pursuant to section 1663 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) has been completed. (e) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; and (2) the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.", "id": "HA79A710583AD4DB585E404EDFF3D2719", "header": "National Security Council briefing on potential harmful interference to Global Positioning System" }, { "text": "1614. Non-geostationary orbit satellite constellations \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the heads of the Defense Agencies, shall submit to the congressional defense committees a report on current commercial satellite communication initiatives, including with respect to new non-geostationary orbit satellite technologies that the Department of Defense has employed to increase satellite communication throughput to existing platforms of the military departments currently constrained by legacy capabilities. (b) Matters included \nThe report under subsection (a) shall include the following: (1) A potential investment strategy concerning how to operationalize commercial satellite communication capabilities using non-geostationary orbit satellites across each of the military departments, including— (A) requisite funding required to adequately prioritize and accelerate the integration of such capabilities into the warfighting systems of the departments; and (B) future-year spending projections for such efforts that align with other satellite communication investments of the Department of Defense. (2) An integrated satellite communications reference architecture roadmap for the Department of Defense to achieve a resilient, secure network for operationalizing commercial satellite communication capabilities, including through the use of non-geostationary orbit satellites, across the Department that is capable of leveraging multi-band and multi-orbit architectures, including requirements that enable maximum use of commercially available technologies.", "id": "HC3B871047EF04050A56171CE06EC12EA", "header": "Non-geostationary orbit satellite constellations" }, { "text": "1615. Briefing on prototype program for multiglobal navigation satellite system receiver development \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the implementation of the program required under section 1607 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1724), including with respect to addressing each element specified in subsection (b) of such section.", "id": "HF576878BDCDE401C81C855F50E089F41", "header": "Briefing on prototype program for multiglobal navigation satellite system receiver development" }, { "text": "1621. Notification of certain threats to United States Armed Forces by foreign governments \n(a) Determination that foreign government intends to cause the death of or serious bodily injury to members of the Armed Forces \nThe Secretary of Defense shall carry out the notification requirement under subsection (b) whenever the Secretary, in consultation with the Director of National Intelligence, determines with high confidence that, on or after the date of the enactment of this Act, an official of a foreign government has taken a substantial step that is intended to cause the death of, or serious bodily injury to, any member of the United States Armed Forces, whether through direct means or indirect means, including through a promise or agreement by the foreign government to pay anything of pecuniary value to an individual or organization in exchange for causing such death or serious bodily injury. (b) Notice to Congress \n(1) Notification \nExcept as provided by paragraph (2), not later than 14 days after making a determination under subsection (a), the Secretary shall notify the congressional defense committees of such determination. Such notification shall include, at a minimum, the following: (A) A description of the nature and extent of the effort by the foreign government to target members of the United States Armed Forces. (B) An assessment of what specific officials, agents, entities, and departments within the foreign government authorized the effort. (C) An assessment of the motivations of the foreign government for undertaking such an effort. (D) An assessment of whether the effort of the foreign government was a substantial factor in the death or serious bodily injury of any member of the United States Armed Forces. (E) Any other information the Secretary determines appropriate. (2) Waiver \nOn a case-by-case basis, the Secretary may waive the notification requirement under paragraph (1) if the Secretary— (A) determines that the waiver is in the national security interests of the United States; and (B) submits to the congressional defense committees a written justification of such determination. (c) Definitions \nIn this section: (1) The term anything of pecuniary value has the meaning given that term in section 1958(b)(1) of title 18, United States Code. (2) The term determines with high confidence — (A) means that the official making the determination— (i) has concluded that the judgments in the determination are based on sound analytic argumentation and high-quality, consistent reporting from multiple sources, including through clandestinely obtained documents, clandestine and open source reporting, and in-depth expertise; (ii) with respect to such judgments, has concluded that the intelligence community has few intelligence gaps and few assumptions underlying the analytic line and that the intelligence community has concluded that the potential for deception is low; and (iii) has examined long-standing analytic judgments and considered alternatives in making the determination; but (B) does not mean that the official making the determination has concluded that the judgments in the determination are fact or certainty. (3) The term direct means means without the use of intermediaries. (4) The term foreign government means the government of a foreign country with which the United States is at peace. (5) The term indirect means means through, or with the assistance of, intermediaries.", "id": "HA211EE76B12F442690C8A3E52B6CE31F", "header": "Notification of certain threats to United States Armed Forces by foreign governments" }, { "text": "1622. Strategy and plan to implement certain defense intelligence reforms \n(a) Strategy and plan \nThe Secretary of Defense, in coordination with the Director of National Intelligence, shall develop and implement a strategy and plan to enable the Defense Intelligence Enterprise to more effectively fulfill the intelligence and information requirements of the commanders of the combatant commands with respect to efforts by the combatant commands to expose and counter foreign malign influence, coercion, and subversion activities undertaken by, or at the direction, on behalf, or with substantial support of the governments of, covered foreign countries. (b) Matters included in plan \nThe plan under subsection (a) shall include the following: (1) A plan to improve policies and procedures of the Defense Intelligence Enterprise to assemble and release facts about the foreign malign influence, coercion, and subversion activities of a covered foreign country described in such subsection in a timely way and in forms that allow for greater distribution and release. (2) A plan to develop and publish validated priority intelligence requirements of the commanders of the combatant commands. (3) A plan to better leverage open-source and commercially available information and independent analyses to support the efforts by the combatant commands described in such subsection. (4) A review by each element of the Defense Intelligence Enterprise of the approaches used by that element— (A) with respect to intelligence that has not been processed or analyzed, to separate out data from the sources and methods by which the data is obtained (commonly known as tearlining ); and (B) with respect to finished intelligence products that relate to foreign malign influence, coercion, and subversion activities of a covered foreign country described in such subsection, to downgrade the classification level of the product. (6) An identification of any additional resources or legislative authority necessary to better meet the intelligence and information requirements described in such subsection. (7) An assignment of responsibilities and timelines for the implementation of the plans described in paragraphs (1), (2), and (3). (8) Any other matters the Secretary determines relevant. (c) Submission \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the appropriate congressional committees and the Comptroller General of the United States the plan developed under subsection (a). (d) Comptroller general review \n(1) Requirement \nThe Comptroller General shall conduct a review of— (A) the plan submitted under subsection (c); and (B) the activities and future plans of the Defense Intelligence Enterprise for meeting the intelligence and information requirements described in subsection (a). (2) Elements \nThe review under paragraph (1) shall include the following: (A) The extent to which the plan submitted under subsection (c) includes the elements identified in subsection (b). (B) The extent to which the Defense Intelligence Enterprise has clearly assigned roles, responsibilities, and processes for fulfilling the intelligence and information requirements described in subsection (a). (C) The extent to which the Defense Intelligence Enterprise is planning to obtain additional capabilities and resources to improve the quality and timeliness of intelligence and information provided to the commanders of the combatant commands to aid in the efforts described in subsection (a). (D) The extent to which the Defense Intelligence Enterprise is identifying, obtaining, and using commercial and publicly available information to aid in such efforts. (E) Any other related issues that the Comptroller General determines appropriate. (3) Briefing and report \nNot later than 120 days after the date on which the Comptroller General receives the plan under subsection (c), the Comptroller General shall provide to the appropriate congressional committees a briefing on any initial findings about the plan. After such briefing, the Comptroller General shall submit to the committees a report on the plan at a date mutually agreed upon by the Comptroller General and the committees. (e) Congressional briefing \nNot later than 90 days after the date of the enactment of this Act, and annually thereafter through December 31, 2026, the Secretary, in coordination with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the strategy and plan under subsection (a). (f) Definitions \nIn this section: (1) The term appropriate congressional committees means the following: (A) The congressional defense committees. (B) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term covered foreign country means any of the following: (A) The People’s Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People’s Republic of Korea. (E) Any other foreign country the Secretary of Defense and the Director of National Intelligence determine appropriate. (3) The term Defense Intelligence Enterprise has the meaning given that term in section 426(b)(4) of title 10, United States Code.", "id": "H7A53C765DFC54847A2B5A59E9A12493F", "header": "Strategy and plan to implement certain defense intelligence reforms" }, { "text": "1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense \n(a) Requirement \nNot later than March 31, 2022, and annually thereafter through 2026, the Director of the Defense Intelligence Agency shall provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the electronic warfare threat to operations of the Department of Defense by Russia, China, and other countries relevant to the conduct of such operations. (b) Contents \nEach briefing provided under subsection (a) shall include a review of the following: (1) Current electronic warfare capabilities of the armed forces of Russia, the armed forces of China, and the armed forces of such other countries as the Director considers appropriate. (2) With respect to the five-year period beginning after the date of the briefing, an estimate of— (A) advances in electronic warfare threats to the operations of the Department from the countries referred to in paragraph (1); and (B) the order of battle for Russia, China, and each other country the Secretary considers appropriate.", "id": "HD2A14745AE9B4DE5AD7B61AAC1F8EC51", "header": "Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense" }, { "text": "1624. Report on explosive ordnance intelligence matters \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of— (1) designating the Director of the Defense Intelligence Agency as the executive agent for explosive ordnance intelligence; and (2) including in the responsibilities of the Director of the Defense Intelligence Agency pursuant to section 105 of the National Security Act of 1947 ( 50 U.S.C. 3038 ) explosive ordnance intelligence, including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies.", "id": "H54C044BB28CD461FB683E393EB8ACFFF", "header": "Report on explosive ordnance intelligence matters" }, { "text": "1631. Participation in United States Strategic Command strategic deterrence exercises \nChapter 24 of title 10, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly): 499b. Participation in United States Strategic Command strategic deterrence exercises \n(a) Participation \nIn the case of annual strategic deterrence exercises held by the United States Strategic Command during fiscal years 2022 through 2032— (1) the Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an even-numbered year; (2) the Deputy Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year; (3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise; (4) the Vice Chairman of the Joint Chiefs of Staff shall participate, in whole or in part, in each such exercise; (5) appropriate senior staff of the Executive Office of the President or appropriate organizations supporting the White House relating to continuity of government activities are encouraged to participate in each such exercise; (6) appropriate general or flag officers of the military departments, and appropriate employees of Federal agencies in Senior Executive Service positions (as defined in section 3132 of title 5), shall participate, in whole or in part, in each such exercise, to provide relevant expertise to the Assistant to the President for National Security Affairs and the Deputy Assistant to the President for National Security Affairs; and (7) in the case of such an exercise for which a unified combatant command has a geographic area of responsibility relevant to the scenario planned to be used for the exercise, not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise: (A) The Commander. (B) The Deputy Commander. (C) The Director of the Joint Staff for Operations. (D) The Director of the Joint Staff for Strategic Plans and Policy. (b) Briefing \nNot fewer than once every four years (or more frequently if appropriate) during the period specified in subsection (a), the President shall be provided a briefing on the annual strategic deterrence exercise held by the United States Strategic Command during the year in which the briefing is provided, including the principal findings resulting from the exercise. (c) Reports \n(1) Not later than 30 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, shall include the following: (A) A description of the purpose and scope of the exercise. (B) An identification of the principal personnel participating in the exercise. (C) A statement of the principal findings resulting from the exercise that specifically relate to the nuclear command, control, and communications or senior leader decision-making process and a description of any deficiencies in that process identified a result of the exercise. (D) Whether the President was briefed on the exercise and the principal findings resulting from the exercise. (2) Not later than 60 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Secretary shall submit to the congressional defense committees— (A) an unedited copy of the report of the Commander submitted under paragraph (1); and (B) any additional recommendations or other matters the Secretary considers appropriate..", "id": "H41C59692C9574A2EB827358A2BEA6A9A", "header": "Participation in United States Strategic Command strategic deterrence exercises" }, { "text": "499b. Participation in United States Strategic Command strategic deterrence exercises", "id": "HE75A7519DECB4BA893A07F6748C0A06E", "header": "Participation in United States Strategic Command strategic deterrence exercises" }, { "text": "1632. Modification to requirements relating to nuclear force reductions \nSection 494(c) of title 10, United States Code, is amended— (1) by striking December 31, 2011 each place it appears and inserting December 31, 2021 ; and (2) in paragraph (3), by striking December 31, 2017 and inserting February 1, 2025.", "id": "HB3F1C770CCA449AF805A9A3AA5A9088F", "header": "Modification to requirements relating to nuclear force reductions" }, { "text": "1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States \nSection 498 of title 10, United States Code, is amended— (1) by striking subsection (a) and inserting the following new subsection (a): (a) In general \nOther than pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution of the United States, if the President has under consideration to unilaterally change the size of the total stockpile of nuclear weapons of the United States, or the total number of deployed nuclear weapons (as defined under the New START Treaty), by more than 20 percent, prior to doing so the President shall initiate a Nuclear Posture Review. ; (2) in subsection (c), by striking in the nuclear weapons stockpile by more than 25 percent and inserting described in subsection (a) ; (3) in subsection (d), by striking treaty obligations and inserting obligations pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution ; and (4) by adding at the end the following: (f) New START Treaty defined \nIn this section, the term New START Treaty means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011..", "id": "HAB3E80D424894A4B81AD3A50A1BFB414", "header": "Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States" }, { "text": "1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems \nSection 493 of title 10, United States Code, is amended in the first sentence by inserting after report on the modification the following: not less than 180 days before the intended effective date of the modification.", "id": "H0EC37A327CE14F8C91CDE5F2A53D5E8D", "header": "Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems" }, { "text": "1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe \nSection 497(b) of title 10, United States Code, is amended by striking 60 days and inserting 120 days.", "id": "HC550B221F9DA4F55A7126FB637E54B7A", "header": "Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe" }, { "text": "1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device \n(a) In general \nThe Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the ground-based strategic deterrent program. (b) Availability of funds \nNotwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2022 by section 101 and available for missile procurement, Air Force, as specified in the corresponding funding table in section 4101, $10,900,000 shall be available for the procurement of covered parts pursuant to contracts entered into under subsection (a). (c) Covered parts defined \nIn this section, the term covered parts means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code.", "id": "H19E2D0D2A3114C779795521E46BB600A", "header": "Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device" }, { "text": "1637. Capability of B–21 bomber aircraft with long-range standoff weapon \nThe Secretary of the Air Force shall ensure that the B–21 bomber aircraft is capable of employing the long-range standoff weapon.", "id": "HFE537E19BDA243B59E3DF94AD499AD31", "header": "Capability of B–21 bomber aircraft with long-range standoff weapon" }, { "text": "1638. Mission-design series popular name for ground-based strategic deterrent \n(a) Requirement \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall establish a mission-design series popular name for the ground-based strategic deterrent, consistent with the procedures set forth in Department of Defense Directive 4120.15 (relating to designating and naming military aerospace vehicles). (b) Notification \nNot later than 10 days after completing the requirement under subsection (a), the Secretary of the Air Force shall notify the congressional defense committees of the completion of the requirement.", "id": "HE57589DED02042A0B29E667CDA62E615", "header": "Mission-design series popular name for ground-based strategic deterrent" }, { "text": "1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States \n(a) Prohibition \nExcept as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following: (1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States. (2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400. (b) Exception \nThe prohibition in subsection (a) shall not apply to any of the following activities: (1) The maintenance or sustainment of intercontinental ballistic missiles. (2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.", "id": "H3EEAEFB0CF8A4BB6BB76D4D0B56B1392", "header": "Prohibition on reduction of the intercontinental ballistic missiles of the United States" }, { "text": "1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of the Navy, not more than 75 percent may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees all written communications from or to personnel of the Department of the Navy regarding the proposed budget amount or limitation for the nuclear-armed sea-launched cruise missile contained in the defense budget materials (as defined by section 231(f) of title 10, United States Code) relating to the Navy for fiscal year 2023.", "id": "H4B9B029F52C14BC497728AA0DA97B97D", "header": "Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile" }, { "text": "1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of Defense (other than travel by the Secretary of Defense or the Deputy Secretary of Defense), not more than 75 percent may be obligated or expended until the Secretary— (1) submits to the congressional defense committees the analysis of alternatives for the nuclear-armed sea-launched cruise missile; and (2) provides to such committees a briefing on such analysis of alternatives.", "id": "H1B53E61C5B5F4697BB2772C80C4DE107", "header": "Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile" }, { "text": "1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles \nNot later than March 1, 2022, and annually thereafter until the date on which the ground-based strategic deterrent weapon achieves initial operating capability, the Chairman of the Joint Chiefs of Staff shall certify to the congressional defense committees whether the state of the readiness of Minuteman III intercontinental ballistic missiles requires placing heavy bombers equipped with nuclear gravity bombs or air-launched nuclear cruise missiles, and associated refueling tanker aircraft, on alert status.", "id": "H3F2A3AF3CB3746CD9ABFA23C5716FB54", "header": "Annual certification on readiness of Minuteman III intercontinental ballistic missiles" }, { "text": "1643. Revised nuclear posture review \n(a) Requirement for comprehensive review \nIn order to clarify the nuclear deterrence policy and strategy of the United States for the near term, the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Vice Chairman of the Joint Chiefs of Staff, shall conduct a comprehensive review of the nuclear posture of the United States for the five- and 10-year periods following the date of the review. The Secretary shall conduct the review in consultation with the Secretary of Energy, the Secretary of State, and the Director of National Intelligence. (b) Elements of review \nThe nuclear posture review under subsection (a) shall include the following elements: (1) An assessment of the current and projected nuclear capabilities of Russia and China, and such other potential threats as the Secretary considers appropriate. (2) The role of nuclear forces in military strategy, planning, and programming of the United States. (3) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture. (4) The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives. (5) The role that missile defenses, conventional strike forces, and other capabilities play in determining the role and size of nuclear forces. (6) The levels and composition of the nuclear delivery systems that will be required for implementing the national and military strategy of the United States, including ongoing plans for replacing existing systems. (7) The nuclear weapons complex that will be required for implementing such national and military strategy, including ongoing plans to modernize the complex. (8) The active and inactive nuclear weapons stockpile that will be required for implementing the such national and military strategy, including ongoing plans for replacing or modifying warheads. (c) Report \nConcurrent with the national defense strategy required to be submitted under section 113(g) of title 10, United States Code, in 2022, the Secretary shall submit to the congressional defense committees a report on the results of the nuclear posture review conducted under subsection (a). The report shall be submitted in unclassified and classified forms as necessary.", "id": "H1514CC3E123A45EB938F9151D910EED3", "header": "Revised nuclear posture review" }, { "text": "1644. Review of safety, security, and reliability of nuclear weapons and related systems \n(a) Findings \nCongress finds the following: (1) On December 20, 1990, Secretary of Defense Cheney chartered a five-person independent committee known as the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction to assess the capability of the nuclear weapon command and control system to meet the dual requirements of assurance against unauthorized use of nuclear weapons and assurance of timely, reliable execution when authorized, and to identify opportunities for positive measures to enhance failsafe features. (2) The Federal Advisory Committee, chaired by Ambassador Jeane J. Kirkpatrick, recommended changes in the nuclear enterprise, as well as policy proposals to reduce the risks posed by unauthorized launches and miscalculation. (3) The Federal Advisory Committee found, unambiguously, that failsafe and oversight enhancements are possible. (4) Since 1990, new threats to the nuclear enterprise have arisen in the cyber, space, and information warfare domains. (5) Ensuring the continued assurance of the nuclear command, control, and communications infrastructure is essential to the national security of the United States. (b) Review \nThe Secretary of Defense shall provide for the conduct of an independent review of the safety, security, and reliability of covered nuclear systems. The Secretary shall ensure that such review is conducted in a manner similar to the review conducted by the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction. (c) Matters included \nThe review conducted pursuant to subsection (b) shall include the following: (1) Plans for modernizing the covered nuclear systems, including options and recommendations for technical, procedural, and policy measures that could strengthen safeguards, improve the security and reliability of digital technologies, and prevent cyber-related and other risks that could lead to the unauthorized or inadvertent use of nuclear weapons as the result of an accident, misinterpretation, miscalculation, terrorism, unexpected technological breakthrough, or deliberate act. (2) Options and recommendations for nuclear risk reduction measures, focusing on confidence building and predictability, that the United States could carry out alone or with near-peer adversaries to strengthen safeguards against the unauthorized or inadvertent use of a nuclear weapon and to reduce nuclear risks. (d) Submission \nNot later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the review conducted pursuant to subsection (b). (e) Previous review \nNot later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the final report of the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction. (f) Covered nuclear systems defined \nIn this section, the term covered nuclear systems means the following systems of the United States: (1) The nuclear weapons systems. (2) The nuclear command, control, and communications system. (3) The integrated tactical warning/attack assessment system.", "id": "HA7A0D1C226D847E48C07695B27C51CA3", "header": "Review of safety, security, and reliability of nuclear weapons and related systems" }, { "text": "1645. Long-range standoff weapon \n(a) Requirement \nIn addition to the requirements under section 2366c of title 10, United States Code, prior to awarding a procurement contract for the long-range standoff weapon, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees each of the following: (1) A certification that the future-years defense program submitted to Congress under section 221 of title 10, United States Code, includes, or will include, estimated funding for the program in the amounts specified in the independent estimated cost submitted to the congressional defense committees under subsection (a)(2) of such section 2366c. (2) A copy of the justification and approval documentation regarding the determination by the Secretary to award a sole-source contract for the program, including with respect to how the Secretary will manage the cost of the program in the absence of competition. (b) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the execution of the engineering and manufacturing development contract for the long-range standoff weapon, including with respect to— (1) how the timely development of the long-range standoff weapon may serve as a hedge to delays in other nuclear modernization efforts; (2) the effects of potential delays in the W80–4 warhead program on the ability of the long-range standoff weapon to achieve the initial operational capability schedule under section 217 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 706), as most recently amended by section 1668 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1774); (3) options to adjust the budget profile of the long-range standoff weapon program to ensure the program remains on schedule; and (4) a plan to ensure best value to the United States once the programs enter into procurement.", "id": "H479F274AA9714841A4F3F598260FCEE4", "header": "Long-range standoff weapon" }, { "text": "1646. Ground-based strategic deterrent development program accountability matrices \n(a) In general \nConcurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to section 1105(a) of title 31, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in subsection (b) relating to the ground-based strategic deterrent weapon system. (b) Matrices described \nThe matrices described in this subsection are the following: (1) Engineering and manufacturing development goals \nA matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the engineering and manufacturing development phase of the ground-based strategic deterrent weapon system, which shall be subdivided, at a minimum, according to the following: (A) Technology maturity, including technology readiness levels of major components and key demonstration events leading to technology readiness level 7 full maturity. (B) Design maturity for the missile, weapon system command and control, and ground systems. (C) Software maturity, including key events and metrics. (D) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. (E) The schedule with respect to the following: (i) Ground-based strategic deterrent weapon system level critical path events and margins. (ii) Separate individual critical path events and margins for each of the following major events: (I) First flight. (II) First functional test. (III) Weapon system qualification. (IV) Combined certifications. (V) Operational weapon system article. (VI) Initial operational capability. (VII) Wing A completion. (F) Personnel, including planned and actual staffing for the program office and for contractor and supporting organizations, including for testing, nuclear certification, and civil engineering by the Air Force. (G) Reliability, including growth plans and key milestones. (2) Cost \n(A) In general \nThe following matrices relating to the cost of the ground-based strategic deterrent weapon system: (i) A matrix expressing, in six-month increments, the total cost for the engineering and manufacturing development phase and low-rate initial production lots of the ground-based strategic deterrent weapon system. (ii) A matrix expressing the total cost for the prime contractor's estimate for the engineering and manufacturing development phase and production lots. (B) Phasing and subdivision of matrices \nThe matrices described in clauses (i) and (ii) of subparagraph (A) shall be— (i) phased over the entire engineering and manufacturing development period; and (ii) subdivided according to the costs of the primary subsystems in the ground-based strategic deterrent weapon system work breakdown structure. (c) Semi-annual updates of matrices \nNot later than 180 days after the date on which the Secretary submits the matrices described in subsection (b) for a year as required by subsection (a), the Secretary shall submit to the congressional defense committees and the Comptroller General updates to the matrices. (d) Treatment of the first matrices as baseline \n(1) In general \nThe first set of matrices submitted under subsection (a) shall be treated as the baseline for the full engineering and manufacturing development phase and low-rate initial production of the ground-based strategic deterrent weapon system program for purposes of updates submitted under subsection (c) and subsequent matrices submitted under subsection (a). (2) Elements \nAfter the submission of the first set of matrices required by subsection (a), each update submitted under subsection (c) and each subsequent set of matrices submitted under subsection (a) shall— (A) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices; and (B) provide updated cost estimates. (e) Assessment by Comptroller General of the United States \nNot later than 60 days after receiving the matrices described in subsection (b) for a year as required by subsection (a), the Comptroller General shall assess the acquisition progress made with respect to the ground-based strategic deterrent weapon system and brief the congressional defense committees on the results of that assessment. (f) Termination \nThe requirements of this section shall terminate on the date that is one year after the ground-based strategic deterrent weapon system achieves initial operational capability.", "id": "H4642010AA98546F290C54272EB71CAD5", "header": "Ground-based strategic deterrent development program accountability matrices" }, { "text": "1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force \n(a) Requirement \nThe Secretary of Defense shall submit to the congressional defense committees all— (1) scoping documents relating to any covered review; and (2) reports or other documents relating to any such review. (b) Timing \nThe Secretary shall submit the documents and reports under subsection (a) by the date that is the later of the following: (1) 15 days after the date on which the documents or reports are produced. (2) 15 days after the date of the enactment of this Act. (c) Covered review \nIn this section, the term covered review means any review initiated in 2021 or 2022 by any entity pursuant to an agreement or contract with the Federal Government regarding— (1) a service life extension program for Minuteman III intercontinental ballistic missiles; or (2) the future of the intercontinental ballistic missile force.", "id": "HE0A5FABB573D4FF2AA65CA2B2949AD26", "header": "Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force" }, { "text": "1648. Notification regarding intercontinental ballistic missiles of China \n(a) Requirement \nIf the Commander of the United States Strategic Command determines that the number of intercontinental ballistic missiles in the active inventory of China exceeds the number of intercontinental ballistic missiles in the active inventory of the United States, the number of nuclear warheads equipped on such missiles of China exceeds the number of nuclear warheads equipped on such missiles of the United States, or the number of intercontinental ballistic missile launchers in China exceeds the number of intercontinental ballistic missile launchers in the United States, the Commander shall submit to the congressional defense committees— (1) a notification of such determination; (2) an assessment of the composition of the intercontinental ballistic missiles of China, including the types of nuclear warheads equipped on such missiles; and (3) a strategy for deterring China. (b) Form \nThe notification under paragraph (1) of subsection (a) shall be submitted in unclassified form, and the assessment and strategy under paragraphs (2) and (3) of such subsection may be submitted in classified form. (c) Termination \nThe requirement under subsection (a) shall terminate on the date that is four years after the date of the enactment of this Act.", "id": "H3A04F7CA7C5842D587901D1C37929D4F", "header": "Notification regarding intercontinental ballistic missiles of China" }, { "text": "1649. Independent review of nuclear command, control, and communications system \n(a) Review \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a review of the current plans, policies, and programs of the nuclear command, control, and communications system of the Department of Defense, and such plans, policies, and programs that are planned for the 10- and 30-year periods following such date of enactment. (b) Matters included \nThe review under subsection (a) shall include a review of each of the following: (1) The plans, policies, and programs described in such subsection. (2) The operational, organizational, programmatic, and acquisition challenges and risks with respect to— (A) maintaining the existing nuclear command, control, and communications system; and (B) the nuclear command, control, and communications system to be fielded during the 10-year period following the date of the enactment of this Act. (3) Emerging technologies and how such technologies may be applied to the next generation of the nuclear command, control, and communications system during the 30-year period following the date of the enactment of this Act to ensure— (A) the survivability of the system; and (B) the capability of the system with respect to— (i) decisionmaking; (ii) situation monitoring; (iii) planning; (iv) force direction; and (v) force management. (4) The security and surety of the nuclear command, control, and communications system. (5) Threats to the nuclear command, control, and communications system that may occur and the ability to detect and mitigate such threats during the 10- and 30-year periods following the date of the enactment of this Act. (c) Briefing \nNot later than September 1, 2022, the federally funded research and development center that conducts the review under subsection (a) shall provide the congressional defense committees an interim briefing on the review under subsection (a). (d) Report \nNot later than March 1, 2023, the federally funded research and development center that conducts the review under subsection (a) shall submit to the Secretary and the congressional defense committees a report containing the review under such subsection.", "id": "H3FAF8E9EA2614E4EA590A240C6D07A42", "header": "Independent review of nuclear command, control, and communications system" }, { "text": "1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program \n(a) Review \n(1) Requirement \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into a contract with a federally funded research and development center to conduct a review of the implementation and the execution of the engineering and manufacturing development phase for the ground-based strategic deterrent program. (2) Matters included \nThe review under paragraph (1) shall include the following: (A) An analysis of the ability of the Air Force to implement industry best practices regarding digital engineering during the engineering and manufacturing development phase of the ground-based strategic deterrent program. (B) An assessment of the opportunities offered by the adoption by the Air Force of digital engineering processes and of the challenges the Air Force faces in implementing such industry best practices. (C) A review of the ability of the Air Force to leverage digital engineering during such engineering and manufacturing development phase. (D) A review of any options that may be available to the Air Force during the engineering and manufacturing development phase of the ground-based strategic deterrent program to— (i) reduce cost and introduce long-term sustainment efficiencies; and (ii) stimulate competition within the operations and maintenance phase of the program. (E) Recommendations to improve the cost, schedule, and program management of the engineering and manufacturing development phase for the ground-based strategic deterrent program. (3) Provision of information \nThe Secretary shall provide to the individuals conducting the review under paragraph (1) all information necessary for the review. (4) Security clearances \nThe Secretary shall ensure that each individual who conducts the review under paragraph (1) holds a security clearance at the appropriate level for such review. (b) Report \nNot later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the review under subsection (a)(1). The report shall be submitted in unclassified form and shall include a classified annex. (c) Briefing \nNot later than 90 days after the date on which the Secretary submits the report under subsection (b), the Secretary shall provide to the congressional defense committees a briefing on— (1) plans of the Air Force for implementing any of the recommendations contained in the review under subsection (a)(1); and (2) an explanation for rejecting any recommendations contained in the review that the Secretary elects not to implement.", "id": "HED0CD8AD6AA8491BA8A4AC6DC9E04C0E", "header": "Review of engineering and manufacturing development contract for ground-based strategic deterrent program" }, { "text": "1651. Report on re-alerting long-range bombers \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report containing— (1) a cost estimate with respect to re-alerting long-range bombers and air refueling tanker aircraft in the absence of a ground-based leg of the nuclear triad; and (2) an assessment of the impact of such re-alerting on force readiness.", "id": "HF56A50B1ECEF4344930233D417F209BE", "header": "Report on re-alerting long-range bombers" }, { "text": "1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements \n(a) Comptroller General study required \nThe Comptroller General of the United States shall conduct a study on the strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements of the Department of Defense. (b) Matters covered \nThe study conducted under subsection (a) shall, at minimum, consist of an update to the report of the Comptroller General titled Strategic Weapons: Changes in the Nuclear Weapons Targeting Process Since 1991 (GAO–12–786R) and dated July 31, 2012, including covering any changes to— (1) how the Department of Defense has assessed threats and modified its nuclear deterrence policy; (2) targeting and employment guidance from the President, the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Commander of United States Strategic Command; (3) nuclear weapons planning and targeting, including categories and types of targets; (4) strategic nuclear forces, including the stockpile, force posture, and modernization; (5) the level of civilian oversight; (6) the relationship between targeting and requirements; and (7) any other matters considered appropriate by the Comptroller General. (c) Reporting \n(1) Briefing on preliminary findings \nNot later than March 31, 2022, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study conducted under subsection (a). (2) Final report \nThe Comptroller General shall submit to the congressional defense committees a final report on the findings of the study conducted under subsection (a) at a time agreed to by the Comptroller General and the congressional defense committees at the briefing required by paragraph (1). (3) Form \nThe briefing required by paragraph (1) may be provided, and the report required by paragraph (2) may be submitted, in classified form. (d) Cooperation \nThe Secretary of Defense and the Secretary of Energy shall provide the Comptroller General with full cooperation and access to appropriate officials, guidance, and documentation for the purposes of conducting the study required by subsection (a).", "id": "H238F79CC926D49C9A6670EB23122546E", "header": "Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements" }, { "text": "1653. Briefing on consultations with United States allies regarding Nuclear Posture Review \n(a) In general \nNot later than the date on which the Secretary of Defense issues the first Nuclear Posture Review after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees, the Majority and Minority Leaders of the Senate, and the Speaker and Minority Leader of the House of Representatives a briefing on all consultations with allies of the United States regarding the Nuclear Posture Review. (b) Elements \nThe briefing required by subsection (a) shall include the following: (1) A listing of all countries consulted with respect to the Nuclear Posture Review, including the dates and circumstances of each such consultation and the countries present. (2) An overview of the topics and concepts discussed with each such country during such consultations, including any discussion of potential changes to the nuclear declaratory policy of the United States. (3) An opportunity for the committees and officials referred to in subsection (a) to view documents relating to such consultations. (4) A summary of any feedback provided during such consultations. (c) Form \nThe briefing required by subsection (a) shall be conducted in both in an unclassified and classified format. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.", "id": "H21A8E9288C314F1DB1010F16F56560E0", "header": "Briefing on consultations with United States allies regarding Nuclear Posture Review" }, { "text": "1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency \n(a) Notice and wait requirement \nSection 205 of title 10, United States Code, is amended— (1) by striking The Director and inserting (a) Appointment of Director.— The Director ; and (2) by adding at the end the following new subsection: (b) Notification of changes to non-standard acquisition and requirements processes and responsibilities \n(1) The Secretary of Defense may not make any changes to the missile defense non-standard acquisition and requirements processes and responsibilities unless, with respect to those proposed changes— (A) the Secretary, without delegation, has taken each of the actions specified in paragraph (2); and (B) a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph (C) of such paragraph. (2) If the Secretary proposes to make changes to the missile defense non-standard acquisition and requirements processes and responsibilities, the Secretary shall— (A) consult with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency, regarding the changes; (B) certify to the congressional defense committees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A); (C) submit to the congressional defense committees a report that contains— (i) a description of the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph (A) with respect to the changes; (ii) a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and (iii) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, a final draft of the proposed modified directive, both in an electronic format and in a hard copy format; and (D) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, provide to such committees a briefing on the proposed modified directive described in subparagraph (C)(iii). (3) In this subsection, the term non-standard acquisition and requirements processes and responsibilities means the processes and responsibilities described in— (A) the memorandum of the Secretary of Defense titled Missile Defense Program Direction signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection; (B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modifications described in Directive-type Memorandum 20–002 of the Deputy Secretary of Defense, or any amendments or extensions thereto made before the date of such enactment), or as modified in accordance with this subsection, or any successor directive issued in accordance with this subsection; and (C) United States Strategic Command Instruction 538–3 titled MD Warfighter Involvement Process , as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor instruction issued in accordance with this subsection.. (b) Conforming amendments \n(1) FY20 NDAA \nSection 1688 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1787) is amended— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (2) FY21 NDAA \nSection 1641 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4061) is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c).", "id": "H2D6CE32445504180BF78374849F2A338", "header": "Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency" }, { "text": "1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites \n(a) Limitation \n(1) Production of satellites and ground systems \nThe Director of the Missile Defense Agency may not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites. (2) Prototype satellites \n(A) Authority \nThe Director, with the concurrence of the Space Acquisition Council established by section 9021 of title 10, United States Code, may authorize the production of one or more prototype satellites, consistent with the requirements of the Missile Defense Agency. (B) Report \nNot later than 30 days after the date on which the Space Acquisition Council concurs with the Director with respect to authorizing the production of a prototype satellite under subparagraph (A), the chair of the Council shall submit to the congressional defense committees a report explaining the reasons for such concurrence. (C) Obligation of funds \nThe Director may not obligate funds for the production of a prototype satellite under subparagraph (A) before the date on which the Space Acquisition Council submits the report for such prototype satellite under subparagraph (B). (b) Hypersonic and ballistic missile tracking space sensor \nSection 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) Waiver of certain limitation \nThe Assistant Secretary of the Air Force for Space Acquisition and Integration, acting as the chair of the Space Acquisition Council, may waive the limitation in section 1662 of the National Defense Authorization Act for Fiscal Year 2022, with respect to the hypersonic and ballistic missile tracking space sensor program if the Assistant Secretary— (1) determines that such limitation would delay the delivery of an operational hypersonic and ballistic missile tracking space sensor because of technical, cost, or schedule factors; and (2) submits to the congressional defense committees— (A) the technical, schedule, or cost rationale for the waiver; (B) an acquisition strategy for the hypersonic and ballistic missile tracking space sensor program that is signed by both the Director and the Assistant Secretary; and (C) a lead service agreement entered into by the Director and the Chief of Space Operations regarding the operation and sustainment of the hypersonic and ballistic missile tracking space sensor and the integration of the sensor into the architecture of the Space Force..", "id": "H2368CA6F062C4CCEA19686D0A01DCA3D", "header": "Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites" }, { "text": "1663. Extension of period for transition of ballistic missile defense programs to military departments \nSection 1676(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2431 note) is amended by striking the date on which the budget of the President for fiscal year 2023 is submitted under section 1105 of title 31, United States Code, and inserting, October 1, 2023,.", "id": "HC70153B8B9354EB68BAD47E6A75E8108", "header": "Extension of period for transition of ballistic missile defense programs to military departments" }, { "text": "1664. Directed energy programs for ballistic and hypersonic missile defense \n(a) Authority of the Missile Defense Agency \nThe Secretary of Defense shall delegate to the Director of the Missile Defense Agency the authority to budget for, direct, and manage directed energy programs applicable for ballistic and hypersonic missile defense missions, in coordination with other directed energy efforts of the Department of Defense. (b) Prioritization \nIn budgeting for and directing directed energy programs applicable for ballistic and hypersonic defensive missions pursuant to subsection (a), the Director of the Missile Defense Agency shall— (1) prioritize the early research and development of technologies; and (2) address the transition of such technologies to industry to support future operationally relevant capabilities.", "id": "HA456CD118423498BBFB03C6B9A91EA64", "header": "Directed energy programs for ballistic and hypersonic missile defense" }, { "text": "1665. Guam integrated air and missile defense system \n(a) Architecture and acquisition \nThe Secretary of Defense, acting through the Director of the Missile Defense Agency, and in coordination with the Commander of the United States Indo-Pacific Command, shall identify the architecture and acquisition approach for implementing a 360-degree integrated air and missile defense capability to defend the people, infrastructure, and territory of Guam from the scope and scale of advanced cruise, ballistic, and hypersonic missile threats that are expected to be fielded during the 10-year period beginning on the date of the enactment of this Act. (b) Requirements \nThe architecture identified under subsection (a) shall have the ability to— (1) integrate, while maintaining high kill chain performance against advanced threats, all applicable— (A) multi-domain sensors that contribute substantively to track quality and track custody; (B) interceptors; and (C) command and control systems; (2) address robust discrimination and electromagnetic compatibility with other sensors; (3) engage directly, or coordinate engagements with other integrated air and missile defense systems, to defeat the spectrum of cruise, ballistic, and hypersonic threats expected to be fielded during the 10-year period beginning on the date of the enactment of this Act; (4) leverage existing programs of record to expedite the development and deployment of the architecture during the five-year period beginning on the date of the enactment of this Act, with an objective of achieving initial operating capability in 2025, including with respect to— (A) the Aegis ballistic missile defense system; (B) standard missile–3 and –6 variants; (C) the terminal high altitude area defense system; (D) the Patriot air and missile defense system; (E) the integrated battle control system; and (F) the lower tier air and missile defense sensor and other lower tier capabilities, as applicable; (5) integrate future systems and interceptors, including directed energy-based kill systems, that will also have the capability to detect, track, and defeat hypersonic missiles in the glide and terminal phases, including integration of passive measures to protect assets in Guam; and (6) incentivize competition within the acquisition of the architecture and rapid procurement and deployment wherever possible. (c) Report \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the architecture and acquisition approach identified under subsection (a), including— (1) an assessment of the development and implementation risks associated with each of the elements identified under subsection (b); and (2) a plan for expending funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for such architecture. (d) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of Cost Assessment and Program Evaluation, not more than 80 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report under subsection (c).", "id": "H46E2838BB29B4454A0738DBA91199D16", "header": "Guam integrated air and missile defense system" }, { "text": "1666. Missile defense radar in Hawaii \nAs a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Director of the Missile Defense Agency shall certify to the congressional defense committees that— (1) the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 includes adequate amounts of estimated funding to develop, construct, test, and integrate into the missile defense system the discrimination radar for homeland defense planned to be located in Hawaii; and (2) such radar and associated in-flight interceptor communications system data terminal will be operational by not later than December 31, 2028.", "id": "HBBAADED7806F4822BB293D678208F48D", "header": "Missile defense radar in Hawaii" }, { "text": "1667. Certification required for Russia and China to tour certain missile defense sites \n(a) Certification \nBefore the Secretary of Defense makes a determination with respect to allowing a foreign national of Russia or China to tour a covered site, the Secretary shall submit to the congressional defense committees a certification that— (1) the Secretary has determined that such tour is in the national security interest of the United States, including the justifications for such determination; and (2) the Secretary will not share any technical data relating to the covered site with the foreign nationals. (b) Timing \nThe Secretary may not conduct a tour described in subsection (a) until a period of 45 days has elapsed following the date on which the Secretary submits the certification for that tour under such subsection. (c) Construction with other requirements \nNothing in this section shall be construed to supersede or otherwise affect section 130h of title 10, United States Code. (d) Covered site \nIn this section, the term covered site means any of the following: (1) The combat information center of a naval ship equipped with the Aegis ballistic missile defense system. (2) An Aegis Ashore site. (3) A terminal high altitude area defense battery. (4) A ground-based midcourse defense interceptor silo.", "id": "H1D182C20F44D4BD582AD82E1512AA5A7", "header": "Certification required for Russia and China to tour certain missile defense sites" }, { "text": "1668. Next generation interceptors for missile defense of the United States homeland \n(a) Funding plan \nThe Director of the Missile Defense Agency shall develop a funding plan that includes funding lines across the future-years defense program under section 221 of title 10, United States Code, for the next generation interceptor that— (1) while applying lessons learned from the redesigned kill vehicle program, incorporating recommendations from the Comptroller General of the United States, and implementing fly-before-you-buy principles, produces and begins deployment of the next generation interceptor as early as practicable; (2) includes acquiring at least 20 operational next generation interceptors; and (3) includes transition plans to replace the current inventory of silo-based boosters with follow-on systems prior to the end of the useful lifecycle of the boosters. (b) Report on funding profile \nThe Director shall include with the budget justification materials submitted to Congress in support of the budget of the Department of Defense for fiscal year 2023 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the funding profile necessary for the next generation interceptor program through the date on which the program achieves full operational capability. (c) Congressional notification of cancellation requirement \nNot later than 30 days prior to any final decision to cancel the next generation interceptor program, the Director shall provide to the congressional defense committees a briefing on such decision, including— (1) a justification for the decision; and (2) an analysis of the national security risk that the Director accepts by reason of cancelling such program. (d) Inclusion in required flight tests \nSection 1689(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2431 note) is amended by adding after the period at the end the following new sentence: Beginning not later than five years after the date on which the next generation interceptor achieves initial operational capability, the Director shall ensure that such flight tests include the next generation interceptor.. (e) Report \nNot later than the date of on which the Director approves the next generation interceptor program to enter the initial production phase of the acquisition process, the Director shall submit to the congressional defense committees a report outlining estimated annual costs for conducting annual, operationally relevant flight testing to evaluate the reliability of the system developed under such program, including associated production costs for procuring sufficient flight systems to support such testing for the projected life of the system. (f) Program accountability matrices \n(1) Requirement \nConcurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to section 1105(a) of title 31, United States Code, the Director shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in paragraph (2) relating to the next generation interceptor program. (2) Matrices described \nThe matrices described in this subsection are the following: (A) Technology and product development goals \nA matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the technology development phase of the next generation interceptor program, which shall be subdivided, at a minimum, according to the following: (i) Technology maturity, including technology readiness levels of major interceptor components and key demonstration events leading to full maturity. (ii) Design maturity, including key events and metrics, at the interceptor all up round level and major interceptor component level. (iii) Parts testing, including key events and metrics for vetting parts and components through a parts, materials, and processes mission assurance plan. (iv) Software maturity, including key events and metrics, at the all up round level and major interceptor component level for the interceptor. (v) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. (vi) Schedule, with respect to key program milestones, critical path events, and margins. (vii) Reliability, including growth plans and key milestones. (viii) Developmental testing and cybersecurity. (ix) Any other technology and product development goals the Director determines to be appropriate. (B) Cost \n(i) In general \nThe following matrices relating to the cost of the next generation interceptor program: (I) A matrix expressing, in six-month increments, the total cost for the technology development phase. (II) A matrix expressing the total cost for each of the contractors’ estimates for the technology development phase. (ii) Phasing and subdivision of matrices \nThe matrices described in clauses (i) and (ii) of subparagraph (B) shall be— (I) phased over the entire technology development phase; and (II) subdivided according to the costs major interceptor component of each next generation interceptor configuration. (C) Stakeholder and independent reviews \nA matrix that identifies, in six-month increments, plans and status for coordinating products and obtaining independent reviews for the next generation interceptor program for the technology development phase, which shall be subdivided according to the following: (i) Performance requirements, including coordinating, updating, and obtaining approval of the top-level requirements document. (ii) Intelligence inputs, processes, and products, including— (I) coordinating, updating, and validating the homeland ballistic missile defense validated online lifecycle threat with the Director of the Defense Intelligence Agency; and (II) coordinating and obtaining approval of a lifecycle mission data plan. (iii) Independent assessments, including obtaining an initial and updated— (I) technical risk assessment; and (II) cost estimate. (iv) Models and simulations, including— (I) obtaining accreditation of interceptor models and simulations at both the all up round level and subsystem level from the Ballistic Missile Defense Operational Test Agency; (II) obtaining certification of threat models used for interceptor ground test from the Ballistic Missile Defense Operational Test Agency; and (III) obtaining accreditation from the Director of the Defense Intelligence Agency on all threat models, simulations, and associated data used to support interceptor development. (v) Sustainability and obsolescence, including coordinating and obtaining approval of a lifecycle sustainment plan. (vi) Cybersecurity, including coordinating and obtaining approval of a cybersecurity strategy. (3) Form \nThe matrices submitted under paragraph (2) shall be in unclassified form, but may contain a classified annex. (4) Semiannual updates of matrices \nNot later than 180 days after the date on which the Director submits the matrices described in paragraph (2) for a year as required by paragraph (1), the Director shall submit to the congressional defense committees and the Comptroller General updates to the matrices. (5) Treatment of the first matrices as baseline \n(A) In general \nThe first set of matrices submitted under paragraph (1) shall be treated as the baseline for the technology development phase of the next generation interceptor program for purposes of updates submitted under subsection (i) and subsequent matrices submitted under paragraph (1). (B) Elements \nAfter the submission of the first set of matrices required by paragraph (1), each update submitted under paragraph (4) and each subsequent set of matrices submitted under paragraph (1) shall— (i) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices under subparagraph (A) of paragraph (2); (ii) provide updated cost estimates under subparagraph (B) of such paragraph; and (iii) provide updated plans and status under subparagraph (C) of such paragraph. (6) Assessment by Comptroller General of the United States \nNot later than 60 days after receiving the matrices described in paragraph (2) for a year as required by paragraph (1), the Comptroller General shall— (A) assess the acquisition progress made with respect to the next generation interceptor program; and (B) provide to the congressional defense committees a briefing on the results of that assessment. (7) Termination \nThe requirements of this subsection shall terminate on the date that is one year after the date on which the next generation interceptor program is approved to enter the product development phase.", "id": "H3C15FA096F624BE98AC8CB27F5EA98BB", "header": "Next generation interceptors for missile defense of the United States homeland" }, { "text": "1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production \n(a) Iron Dome short-range rocket defense system \n(1) Availability of funds \nOf the funds authorized to be appropriated by this Act for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $108,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States. (2) Conditions \n(A) Agreement \nFunds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors. (B) Certification \nNot later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (i) a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement; (ii) an assessment detailing any risks relating to the implementation of such agreement; and (iii) for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended. (b) Israeli cooperative missile defense program, David's Sling Weapon System co-production \n(1) In general \nSubject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $30,000,000 may be provided to the Government of Israel to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry. (2) Agreement \nProvision of funds specified in paragraph (1) shall be subject to the terms and conditions in the bilateral co-production agreement, including— (A) a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and (B) co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David's Sling Weapon System is not less than 50 percent. (3) Certification and assessment \nThe Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (A) a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System; and (B) an assessment detailing any risks relating to the implementation of such agreement. (c) Israeli cooperative missile defense program, Arrow 3 Upper Tier Interceptor Program co-production \n(1) In general \nSubject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $62,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry. (2) Certification \nThe Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that— (A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program; (B) funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); (C) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds— (i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production; (ii) complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel; (iii) technical milestones for co-production of parts and components and procurement; (iv) a joint affordability working group to consider cost reduction initiatives; and (v) joint approval processes for third-party sales; and (D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent. (d) Number \nIn carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit— (1) one certification covering both the David's Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or (2) separate certifications for each respective system. (e) Timing \nThe Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel. (f) Workshare for Iron Dome replenishment efforts \n(1) Maintenance of agreement \nWith respect to replenishment efforts for the Iron Dome short-range rocket defense system carried out during fiscal year 2022, the Secretary of Defense may seek to maintain a workshare agreement for the United States production of systems that are covered, as of the date of the enactment of this Act, under the memorandum of understanding regarding United States and Israeli cooperation on missile defense. (2) Briefing \nThe Secretary of Defense shall provide to the appropriate congressional committees a briefing detailing the terms of any workshare agreements described by paragraph (1). (g) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.", "id": "H1ECEC27826D24DCE9A8CF006DAB4E36D", "header": "Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production" }, { "text": "1670. Update of study on discrimination capabilities of the ballistic missile defense system \n(a) Update \nThe Secretary of Defense shall enter into an arrangement with the private scientific advisory group known as JASON under which JASON shall carry out an update to the study conducted pursuant to section 237 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2236) on the discrimination capabilities and limitations of the missile defense system of the United States, including such discrimination capabilities that exist or are planned as of the date of the update. (b) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study. (c) Form \nThe report under subsection (b) may be submitted in classified form, but shall contain an unclassified summary.", "id": "HDBD746BBD5354C13B108399EC65DD4D4", "header": "Update of study on discrimination capabilities of the ballistic missile defense system" }, { "text": "1671. Semiannual updates on meetings held by the Missile Defense Executive Board \n(a) Semiannual updates \nNot later than March 1 and September 1 of each year, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, acting in their capacities as co-chairs of the Missile Defense Executive Board pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2162), shall provide to the congressional defense committees a semiannual update including, with respect to the six-month period preceding the update— (1) the dates on which the Board met; and (2) except as provided by subsection (b), a summary of any decisions made by the Board at each meeting of the Board and the rationale for and options that informed such decisions. (b) Exception for certain budgetary matters \nThe co-chairs shall not be required to include in a semiannual update under subsection (a) the matters described in paragraph (2) of such subsection with respect to decisions of the Board relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31, United States Code, as of the date of the semiannual update. (c) Form of update \nThe co-chairs may provide a semiannual update under subsection (a) either in the form of a briefing or a written report. (d) Technical amendments \n(1) FY18 NDAA \nSection 1676(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 205 note) is amended by striking chairman and inserting chair. (2) FY19 NDAA \nSection 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2162) is amended— (A) in the matter preceding paragraph (1), by striking chairman and inserting chair ; and (B) in paragraph (2), by striking co-chairman and inserting co-chair.", "id": "HF57ECD60458445C5A07B52B935712DF5", "header": "Semiannual updates on meetings held by the Missile Defense Executive Board" }, { "text": "1672. Matters regarding Integrated Deterrence Review \n(a) Reports \nNot later than 30 days after the date on which the Integrated Deterrence Review that commenced during 2021 is submitted to the congressional defense committees, the Secretary of Defense shall submit to the congressional defense committees the following: (1) Each final report, assessment, and guidance document produced by the Department of Defense pursuant to the Integrated Deterrence Review or during subsequent actions taken to implement the conclusions of the Integrated Deterrence Review, including with respect to each covered review. (2) A report explaining how each such covered review differs from the previous such review. (b) Certifications \nNot later than 30 days after the date on which a covered review is submitted to the congressional defense committees, the Chairman of the Joint Chiefs of Staff, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of the United States Strategic Command shall each directly submit to such committees— (1) a certification regarding whether the Chairman, Vice Chairman, or Commander, as the case may be, had the opportunity to provide input into the covered review; and (2) a description of the degree to which the covered reviews differ from the military advice contained in such input (or, if there was no opportunity to provide such input, would have been contained in the input if so provided). (c) Covered review defined \nIn this section, the term covered review means— (1) the Missile Defense Review that commenced during 2021; and (2) the Nuclear Posture Review that commenced during 2021.", "id": "H59905563BD974612A40B784AE2CA4FDB", "header": "Matters regarding Integrated Deterrence Review" }, { "text": "1673. Semiannual notifications regarding missile defense tests and costs \n(a) Semiannual notifications required \nFor each period described in subsection (b), the Director of the Missile Defense Agency shall submit to the congressional defense committees a notification of all— (1) flight tests (intercept and non-intercept) planned to occur during the period covered by the notification based on the Integrated Master Test Plan the Director used to support the President’s budget submission under section 1105 of title 31, United States Code, for the fiscal year of the period covered; and (2) ground tests planned to occur during such period based on such plan. (b) Periods described \nThe periods described in this subsection are— (1) the first 180-calendar-day period beginning on the date that is 90 days after the date of the enactment of this Act; and (2) each subsequent, sequential 180-calendar-day period beginning thereafter until the date that is five years and 90 calendar days after the date of the enactment of this Act. (c) Timing of notification \nEach notification submitted under subsection (a) for a period described in subsection (b) shall be submitted— (1) not earlier than 30 calendar days before the last day of the period; and (2) not later than the last day of the period. (d) Contents \nEach notification submitted under subsection (a) shall include the following: (1) For the period covered by the notification: (A) With respect to each flight test described in subsection (a)(1), the following: (i) The entity responsible for leading the flight test (such as the Missile Defense Agency, the Army, or the Navy) and the classification level of the flight test. (ii) The planned cost (the most recent flight test cost estimate, including interceptors and targets), the actual costs and expenditures to-date, and an estimate of any remaining costs and expenditures. (iii) All funding (including any appropriated, transferred, or reprogrammed funding) the Agency has received to-date for the flight test. (iv) All changes made to the scope and objectives of the flight test and an explanation for such changes. (v) The status of the flight test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (vi) In the event of a flight test status of conducted-objectives not achieved (failure or no-test), delayed, or canceled— (I) the reasons the flight test did not succeed or occur; (II) in the event of a flight test status of failure or no-test, the plan and cost estimate to retest, if necessary, and any contractor liability, if appropriate; (III) in the event of a flight test delay, the fiscal year and quarter the objectives were first planned to be met, the names of the flight tests the objectives have been moved to, the aggregate duration of the delay to-date, and, if applicable, any risks to the warfighter from the delay; and (IV) in the event of a flight test cancellation, the fiscal year and quarter the objectives were first planned to be met, whether the objectives from the canceled test were met by other means, moved to a different flight test, or removed, a revised spend plan for the remaining funding the agency received for the flight test to-date, and, if applicable, any risks to the warfighter from the cancellation; and (vii) the status of any decisions reached by failure review boards open or completed during the period covered by the notification. (B) With respect to each ground test described in subsection (a)(2), the following: (i) The planned cost (the most recent ground test cost estimate), the actual costs and expenditures to-date, and an estimate of any remaining costs and expenditures. (ii) The designation of the ground test, whether developmental, operational, or both. (iii) All changes made to the scope and objectives of the ground test and an explanation for such changes. (iv) The status of the ground test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (v) In the case of a ground test status of conducted-objectives not achieved (failure or no-test), delayed, or canceled— (I) the reasons the ground test did not succeed or occur; and (II) if applicable, any risks to the warfighter from the ground test not succeeding or occurring; (vi) The participating system and element models used for conducting ground tests and the accreditation status of the participating system and element models. (vii) Identification of any cybersecurity tests conducted or planned to be conducted as part of the ground test. (viii) For each cybersecurity test identified under subparagraph (G), the status of the cybersecurity test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (ix) In the case of a cybersecurity test identified under subparagraph (G) with a status of conducted-objectives, not achieved, delayed, or canceled— (I) the reasons for such status; and (II) any risks, if applicable, to the warfighter from the cybersecurity test not succeeding or occurring. (2) To the degree applicable and known, the matters covered by paragraph (1) but for the period subsequent to the covered period. (e) Events spanning multiple notification periods \nEvents that span from one period described in subsection (b) into another period described in such subsection, such as a the case of a failure review board convening in one period and reaching a decision in the following period, shall be covered by notifications under subsection (a) for both periods. (f) Form \nEach notification submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "H47A2CF9203824752AE2CD8AA4A8791F1", "header": "Semiannual notifications regarding missile defense tests and costs" }, { "text": "1674. Report on senior leadership of Missile Defense Agency \nNot later than 60 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report detailing the following: (1) The responsibilities of the positions of the Director, Sea-based Weapons Systems, and the Deputy Director of the Missile Defense Agency. (2) The role of the officials who occupy these positions with respect to the functional combatant commands with missile defense requirements. (3) The rationale and benefit of having an official in these positions who is a general officer or flag officer versus a civilian.", "id": "H979A422AED68433CBE19D6B77539CE27", "header": "Report on senior leadership of Missile Defense Agency" }, { "text": "1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense \n(a) Independent study and report \n(1) Contract \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with the National Academy of Public Administration (in this section referred to as the Academy ) for the Academy to perform the services covered by this subsection. (2) Study and report \n(A) Roles and responsibilities \nUnder an agreement between the Secretary and the Academy under this subsection, the Academy shall carry out an study regarding the roles and responsibilities of the various components of the Department of Defense as they pertain to missile defense. (B) Matters included \nThe study required by subparagraph (A) shall include the following: (i) A comprehensive assessment and analysis of existing Department component roles and responsibilities for the full range of missile defense activities, including establishment of requirements, research and development, system acquisition, and operations. (ii) Identification of gaps in component capability of each applicability component for performing its assigned missile defense roles and responsibilities. (iii) Identification of opportunities for deconflicting mission sets, eliminating areas of unnecessary duplication, reducing waste, and improving efficiency across the full range of missile defense activities. (iv) Development of a timetable for the implementation of the opportunities identified under clause (iii). (v) Development of recommendations for such legislative or administrative action as the Academy considers appropriate pursuant to carrying out clauses (i) through (iv). (vi) Such other matters as the Secretary may require. (C) Report \n(i) Requirement \nNot later than one year after the date on which the Secretary and the Academy enter into a contract under paragraph (1), the Academy shall submit to the Secretary and the congressional defense committees a report on the study conducted under subparagraph (A). (ii) Elements \nThe report submitted under clause (i) shall include the findings of the Academy with respect to the study carried out under subparagraph (A) and any recommendations the Academy may have for legislative or administrative action pursuant to such study. (3) Alternate contract organization \n(A) Agreement \nIf the Secretary is unable within the time period prescribed in paragraph (1) to enter into an agreement described in such paragraph with the Academy on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization that— (i) is not part of the Government; (ii) operates as a not-for-profit entity; and (iii) has expertise and objectivity comparable to that of the Academy. (B) References \nIf the Secretary enters into an agreement with another organization as described in subparagraph (A), any reference in this subsection to the Academy shall be treated as a reference to the other organization. (b) Report by Secretary of Defense \nNot later than 120 days after the date on which the report is submitted pursuant to subsection (a)(2)(C), the Secretary shall submit to the congressional defense committees a report on the views of the Secretary on the findings and recommendations set forth in the report submitted under such subsection, together with such recommendations as the Secretary may have for changes in the structure, functions, responsibilities, and authorities of the Department.", "id": "H237339316592462B83D38D6671A8C5CD", "header": "Independent study of roles and responsibilities of Department of Defense components relating to missile defense" }, { "text": "1681. Cooperative threat reduction funds \n(a) Funding allocation \nOf the $344,849,000 authorized to be appropriated to the Department of Defense for fiscal year 2022 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act ( 50 U.S.C. 3711 ), the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $2,997,000. (2) For chemical weapons destruction, $13,250,000. (3) For global nuclear security, $17,767,000. (4) For cooperative biological engagement, $229,022,000. (5) For proliferation prevention, $58,754,000. (6) For activities designated as Other Assessments/Administrative Costs, $23,059,000. (b) Specification of cooperative threat reduction funds \nFunds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2022, 2023, and 2024.", "id": "HA6E1FBC0C5944E60ABABFCD177898C4B", "header": "Cooperative threat reduction funds" }, { "text": "1682. Modification to estimate of damages from Federal Communications Commission Order 20–48 \nSection 1664 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting or any subsequent fiscal year after fiscal year 2021 ; and (2) by adding at the end the following new subsections: (d) Distribution of estimate \nAs soon as practicable after submitting an estimate as described in paragraph (1) of subsection (a) and making the certification described in paragraph (2) of such subsection, the Secretary shall make such estimate available to any licensee operating under the Order and Authorization described in such subsection. (e) Authority of Secretary of Defense to seek recovery of costs \nThe Secretary may work directly with any licensee (or any future assignee, successor, or purchaser) affected by the Order and Authorization described in subsection (a) to seek recovery of costs incurred by the Department as a result of the effect of such order and authorization. (f) Reimbursement \n(1) In general \nThe Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the Order and Authorization described in subsection (a) to provide reimbursement to the Department, only to the extent provided in appropriation Acts, for the covered costs and eligible reimbursable costs submitted and certified to the congressional defense committees under such subsection. (2) Use of funds \nThe Secretary shall use any funds received under this subsection, to the extent and in such amounts as are provided in advance in appropriation Acts, for covered costs described in subsection (b) and the range of eligible reimbursable costs identified under subsection (a)(1). (3) Report \nNot later than 90 days after the date on which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on such process..", "id": "HA0AFFF0BBB2C4EDCAB5448581069B598", "header": "Modification to estimate of damages from Federal Communications Commission Order 20–48" }, { "text": "1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena \n(a) Establishment of Office \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall establish an office within a component of the Office of the Secretary of Defense, or within a joint organization of the Department of Defense and the Office of the Director of National Intelligence, to carry out the duties of the Unidentified Aerial Phenomena Task Force, as in effect on the day before the date of enactment of this Act, and such other duties as are required by this section. (b) Duties \nThe duties of the Office established under subsection (a) shall include the following: (1) Developing procedures to synchronize and standardize the collection, reporting, and analysis of incidents, including adverse physiological effects, regarding unidentified aerial phenomena across the Department of Defense and the intelligence community. (2) Developing processes and procedures to ensure that such incidents from each component of the Department and each element of the intelligence community are reported and incorporated in a centralized repository. (3) Establishing procedures to require the timely and consistent reporting of such incidents. (4) Evaluating links between unidentified aerial phenomena and adversarial foreign governments, other foreign governments, or nonstate actors. (5) Evaluating the threat that such incidents present to the United States. (6) Coordinating with other departments and agencies of the Federal Government, as appropriate, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Homeland Security, the National Oceanic and Atmospheric Administration, and the Department of Energy. (7) Coordinating with allies and partners of the United States, as appropriate, to better assess the nature and extent of unidentified aerial phenomena. (8) Preparing reports for Congress, in both classified and unclassified form, including under subsection (i). (c) Response to and field investigations of unidentified aerial phenomena \n(1) Designation \nThe Secretary, in coordination with the Director, shall designate one or more line organizations within the Department of Defense and the intelligence community that possess appropriate expertise, authorities, accesses, data, systems, platforms, and capabilities to rapidly respond to, and conduct field investigations of, incidents involving unidentified aerial phenomena under the direction of the head of the Office established under subsection (a). (2) Ability to respond \nThe Secretary, in coordination with the Director, shall ensure that each line organization designated under paragraph (1) has adequate personnel with the requisite expertise, equipment, transportation, and other resources necessary to respond rapidly to incidents or patterns of observations involving unidentified aerial phenomena of which the Office becomes aware. (d) Scientific, technological, and operational analyses of data on unidentified aerial phenomena \n(1) Designation \nThe Secretary, in coordination with the Director, shall designate one or more line organizations that will be primarily responsible for scientific, technical, and operational analysis of data gathered by field investigations conducted pursuant to subsection (c) and data from other sources, including with respect to the testing of materials, medical studies, and development of theoretical models, to better understand and explain unidentified aerial phenomena. (2) Authority \nThe Secretary and the Director shall each issue such directives as are necessary to ensure that the each line organization designated under paragraph (1) has authority to draw on the special expertise of persons outside the Federal Government with appropriate security clearances. (e) Data; intelligence collection \n(1) Availability of data and reporting on unidentified aerial phenomena \nThe Director and the Secretary shall each, in coordination with one another, ensure that— (A) each element of the intelligence community with data relating to unidentified aerial phenomena makes such data available immediately to the Office established under subsection (a) or to an entity designated by the Secretary and the Director to receive such data; and (B) military and civilian personnel of the Department of Defense or an element of the intelligence community, and contractor personnel of the Department or such an element, have access to procedures by which the personnel shall report incidents or information, including adverse physiological effects, involving or associated with unidentified aerial phenomena directly to the Office or to an entity designated by the Secretary and the Director to receive such information. (2) Intelligence collection and analysis plan \nThe head of the Office established under subsection (a), acting on behalf of the Secretary of Defense and the Director of National Intelligence, shall supervise the development and execution of an intelligence collection and analysis plan to gain as much knowledge as possible regarding the technical and operational characteristics, origins, and intentions of unidentified aerial phenomena, including with respect to the development, acquisition, deployment, and operation of technical collection capabilities necessary to detect, identify, and scientifically characterize unidentified aerial phenomena. (3) Use of resources and capabilities \nIn developing the plan under paragraph (2), the head of the Office established under subsection (a) shall consider and propose, as the head determines appropriate, the use of any resource, capability, asset, or process of the Department and the intelligence community. (f) Science plan \nThe head of the Office established under subsection (a), on behalf of the Secretary and the Director, shall supervise the development and execution of a science plan to develop and test, as practicable, scientific theories to— (1) account for characteristics and performance of unidentified aerial phenomena that exceed the known state of the art in science or technology, including in the areas of propulsion, aerodynamic control, signatures, structures, materials, sensors, countermeasures, weapons, electronics, and power generation; and (2) provide the foundation for potential future investments to replicate any such advanced characteristics and performance. (g) Assignment of priority \nThe Director, in consultation with, and with the recommendation of the Secretary, shall assign an appropriate level of priority within the National Intelligence Priorities Framework to the requirement to understand, characterize, and respond to unidentified aerial phenomena. (h) Annual report \n(1) Requirement \nNot later than October 31, 2022, and annually thereafter until October 31, 2026, the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report on unidentified aerial phenomena. (2) Elements \nEach report under paragraph (1) shall include, with respect to the year covered by the report, the following information: (A) All reported unidentified aerial phenomena-related events that occurred during the one-year period. (B) All reported unidentified aerial phenomena-related events that occurred during a period other than that one-year period but were not included in an earlier report. (C) An analysis of data and intelligence received through each reported unidentified aerial phenomena-related event. (D) An analysis of data relating to unidentified aerial phenomena collected through— (i) geospatial intelligence; (ii) signals intelligence; (iii) human intelligence; and (iv) measurement and signature intelligence. (E) The number of reported incidents of unidentified aerial phenomena over restricted air space of the United States during the one-year period. (F) An analysis of such incidents identified under subparagraph (E). (G) Identification of potential aerospace or other threats posed by unidentified aerial phenomena to the national security of the United States. (H) An assessment of any activity regarding unidentified aerial phenomena that can be attributed to one or more adversarial foreign governments. (I) Identification of any incidents or patterns regarding unidentified aerial phenomena that indicate a potential adversarial foreign government may have achieved a breakthrough aerospace capability. (J) An update on the coordination by the United States with allies and partners on efforts to track, understand, and address unidentified aerial phenomena. (K) An update on any efforts underway on the ability to capture or exploit discovered unidentified aerial phenomena. (L) An assessment of any health-related effects for individuals that have encountered unidentified aerial phenomena. (M) The number of reported incidents, and descriptions thereof, of unidentified aerial phenomena associated with military nuclear assets, including strategic nuclear weapons and nuclear-powered ships and submarines. (N) In consultation with the Administrator for Nuclear Security, the number of reported incidents, and descriptions thereof, of unidentified aerial phenomena associated with facilities or assets associated with the production, transportation, or storage of nuclear weapons or components thereof. (O) In consultation with the Chairman of the Nuclear Regulatory Commission, the number of reported incidents, and descriptions thereof, of unidentified aerial phenomena or drones of unknown origin associated with nuclear power generating stations, nuclear fuel storage sites, or other sites or facilities regulated by the Nuclear Regulatory Commission. (P) The names of the line organizations that have been designated to perform the specific functions under subsections (c) and (d), and the specific functions for which each such line organization has been assigned primary responsibility. (3) Form \nEach report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (i) Semiannual briefings \n(1) Requirement \nNot later than 90 days after the date of the enactment of this Act and not less frequently than semiannually thereafter until December 31, 2026, the head of the Office established under subsection (a) shall provide to the congressional committees specified in subparagraphs (A), (B), and (D) of subsection (l)(1) classified briefings on unidentified aerial phenomena. (2) First briefing \nThe first briefing provided under paragraph (1) shall include all incidents involving unidentified aerial phenomena that were reported to the Unidentified Aerial Phenomena Task Force or to the Office established under subsection (a) after June 24, 2021, regardless of the date of occurrence of the incident. (3) Subsequent briefings \nEach briefing provided subsequent to the first briefing described in paragraph (2) shall include, at a minimum, all events relating to unidentified aerial phenomena that occurred during the previous 180 days, and events relating to unidentified aerial phenomena that were not included in an earlier briefing. (4) Instances in which data was not shared \nFor each briefing period, the head of the Office established under subsection (a) shall jointly provide to the chairman and the ranking minority member or vice chairman of the congressional committees specified in subparagraphs (A) and (D) of subsection (k)(1) an enumeration of any instances in which data relating to unidentified aerial phenomena was not provided to the Office because of classification restrictions on that data or for any other reason. (j) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out the work of the Office established under subsection (a), including with respect to— (1) general intelligence gathering and intelligence analysis; and (2) strategic defense, space defense, defense of controlled air space, defense of ground, air, or naval assets, and related purposes. (k) Task force termination \nNot later than the date on which the Secretary establishes the Office under subsection (a), the Secretary shall terminate the Unidentified Aerial Phenomenon Task Force. (l) Definitions \nIn this section: (1) The term appropriate congressional committees means the following: (A) The Committees on Armed Services of the House of Representatives and the Senate. (B) The Committees on Appropriations of the House of Representatives and the Senate. (C) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (D) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (3) The term line organization means, with respect to a department or agency of the Federal Government, an organization that executes programs and activities to directly advance the core functions and missions of the department or agency to which the organization is subordinate, but, with respect to the Department of Defense, does not include a component of the Office of the Secretary of Defense. (4) The term transmedium objects or devices means objects or devices that are observed to transition between space and the atmosphere, or between the atmosphere and bodies of water, that are not immediately identifiable. (5) The term unidentified aerial phenomena means— (A) airborne objects that are not immediately identifiable; (B) transmedium objects or devices; and (C) submerged objects or devices that are not immediately identifiable and that display behavior or performance characteristics suggesting that the objects or devices may be related to the objects or devices described in subparagraph (A) or (B).", "id": "H782D6CB9F2A840E9901933F70127E698", "header": "Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena" }, { "text": "1684. Determination on certain activities with unusually hazardous risks \n(a) Report required \nFor fiscal years 2022 and 2023, the Secretary concerned shall prepare a report for each indemnification request made by a covered contractor with respect to a contract. Such report shall include the following elements: (1) A determination of whether the performance of the contract includes an unusually hazardous risk (as defined in this section). (2) An estimate of the maximum probable loss for claims or losses arising out of the contract. (3) Consideration of requiring the covered contractor to obtain liability insurance to compensate for claims or losses to the extent such insurance is available under commercially reasonable terms and pricing, including any limits, sub-limits, exclusions and other coverage restrictions. (4) Consideration of not requiring a covered contractor to obtain liability insurance in amounts greater than amounts available under commercially reasonable terms and pricing or the maximum probable loss, whichever is less. (b) Submission to Congress \nNot later than 90 days after the date on which the Secretary concerned receives an indemnification request by a covered contractor during the period beginning on the date of the enactment of this Act and ending on September 30, 2023, the Secretary concerned shall submit to the congressional defense committees the report required under subsection (a). (c) Review \n(1) Requirement \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the implementation by the Department of Defense of section 2354 of title 10, United States Code, and Executive Order 10789, as amended, pursuant to Public Law 85–804 ( 50 U.S.C. 1431 et seq. ) with regard to indemnifying a contractor for the performance of a contract that includes unusually hazardous risk. (2) Matters included \nThe review required under paragraph (1) shall include the following: (A) A determination of the extent to which each Secretary concerned is implementing such section 2354 and such Executive Order 10789 consistently. (B) Identification of discrepancies and potential remedies in the military departments with respect to such implementation. (3) Briefing \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the findings of the review under paragraph (1). (d) Definitions \nIn this section: (1) The term covered contractor means a current or prospective prime contractor of the Department of Defense. (2) The term military department has the meaning given in section 101 of title 10, United States Code. (3) The term indemnification request means a request for indemnification made by a covered contractor under section 2354 of title 10, United States Code, or Executive Order 10789, as amended, pursuant to public Law 85–804 ( 50 U.S.C. 1431 et seq. ) that includes sufficient supporting justification to support a determination as required under those provisions. (4) The term Secretary concerned means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy; and (C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force. (5) The term unusually hazardous risk means risk of burning, explosion, detonation, flight or surface impact, or toxic or hazardous material release associated with one or more of the following products or programs: (A) Products or programs relating to any hypersonic weapon system, including boost glide vehicles and air-breathing propulsion systems. (B) Products or programs relating to rocket propulsion systems, including, at a minimum, with respect to rockets, missiles, launch vehicles, rocket engines or motors or hypersonic weapons systems using either a solid or liquid high energy propellant inclusive of any warhead, if any, in excess of 1000 pounds of the chemical equivalent of TNT. (C) Products or programs relating to the introduction, fielding or incorporating of any item containing high energy propellants, inclusive of any warhead, if any, in excess of 1000 pounds of the chemical equivalent of TNT into any ship, vessel, submarine, aircraft, or spacecraft. (D) Products or programs relating to a classified program where insurance is not available due to the prohibition of disclosure of classified information to commercial insurance providers, and without such disclosure access to insurance is not possible. (E) Any other product or program for which the contract under which the product or program is carried out includes a risk that the contract defines as unusually hazardous.", "id": "H05DE8CBCC5D64A7B94C2933BE8F5D054", "header": "Determination on certain activities with unusually hazardous risks" }, { "text": "1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands \n(a) Study \nThe Public Interest Declassification Board established by section 703 of the Public Interest Declassification Act of 2000 ( 50 U.S.C. 3355a ) shall conduct a study on the feasibility of carrying out a declassification review relating to nuclear weapons, chemical weapons, or ballistic missile tests conducted by the United States in the Marshall Islands, including with respect to cleanup activities and the storage of waste relating to such tests. (b) Report \nNot later than 90 days after the date of the enactment of this Act, the Board shall submit to the Secretary of Defense, the Secretary of Energy, and the congressional defense committees a report containing the findings of the study conducted under subsection (a). The report shall include the following: (1) The feasibility of carrying out the declassification review described in such subsection. (2) The resources required to carry out the declassification review. (3) A timeline to complete such the declassification review. (4) Any other issues the Board determines relevant. (c) Comments \nThe Secretary of Defense and the Secretary of Energy may submit to the congressional defense committees any comments the respective Secretary determines relevant with respect to the report submitted under subsection (b). (d) Assistance \nThe Secretary of Defense and Secretary of Energy shall each provide to the Board such assistance as the Board requests in conducting the study under subsection (a).", "id": "H3C20436AFB9C4E9D97D8412C67DD04D2", "header": "Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands" }, { "text": "1686. Protection of Major Range and Test Facility Base \nThe Secretary of Defense may authorize, consistent with the authorities of the Secretary, such actions as are necessary to mitigate threats posed by space-based assets to the security or operation of the Major Range and Test Facility Base (as defined in section 196(i) of title 10, United States Code).", "id": "H018E7B5316F64CB7B6B4456EC9D5FD9F", "header": "Protection of Major Range and Test Facility Base" }, { "text": "1687. Congressional Commission on the Strategic Posture of the United States \n(a) Establishment \nThere is established in the legislative branch a commission to be known as the Congressional Commission on the Strategic Posture of the United States (in this section referred to as the Commission ). The purpose of the Commission is to examine and make recommendations to the President and Congress with respect to the long-term strategic posture of the United States. (b) Composition \n(1) Membership \nThe Commission shall be composed of 12 members appointed as follows: (A) One by the Speaker of the House of Representatives. (B) One by the minority leader of the House of Representatives. (C) One by the majority leader of the Senate. (D) One by the minority leader of the Senate. (E) Two by the chairperson of the Committee on Armed Services of the House of Representatives. (F) Two by the ranking minority member of the Committee on Armed Services of the House of Representatives. (G) Two by the chairperson of the Committee on Armed Services of the Senate. (H) Two by the ranking minority member of the Committee on Armed Services of the Senate. (2) Qualifications \n(A) In general \nThe members appointed under paragraph (1) shall be from among individuals who— (i) are United States citizens; (ii) are not officers or employees of the Federal Government or any State or local government; and (iii) have received national recognition and have significant depth of experience in such professions as governmental service, law enforcement, the Armed Forces, law, public administration, intelligence gathering, commerce (including aviation matters), or foreign affairs. (B) Political party affiliation \nNot more than six members of the Commission may be appointed from the same political party. (3) Deadline for appointment \n(A) In general \nAll members of the Commission shall be appointed under paragraph (1) not later than 45 days after the date of the enactment of this Act. (B) Effect of lack of appointments by appointment date \nIf one or more appointments under paragraph (1) is not made by the date specified in subparagraph (A)— (i) the authority to make such appointment or appointments shall expire; and (ii) the number of members of the Commission shall be reduced by the number of appointments not made by that date. (4) Chairperson; vice chairperson \n(A) Chairperson \nThe chairpersons of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as chairperson of the Commission. (B) Vice chairperson \nThe ranking minority members of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as vice chairperson of the Commission. (5) Activation \n(A) In general \nThe Commission— (i) may begin operations under this section on the date on which not less than 2/3 of the members of the Commission have been appointed under paragraph (1); and (ii) shall meet and begin the operations of the Commission as soon as practicable after the date described in clause (i). (B) Subsequent meetings \nAfter its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. (6) Quorum \nEight members of the Commission shall constitute a quorum. (7) Period of appointment; vacancies \nMembers of the Commission shall be appointed for the life of the Commission. A vacancy in the Commission does not affect the powers of the Commission and shall (except as provided by paragraph (3)(B)) be filled in the same manner in which the original appointment was made. (8) Removal of members \n(A) In general \nA member of the Commission may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of the member under paragraph (1), provided that notice is first provided to that official of the cause for removal, and removal is voted and agreed upon by 3/4 of the members of the Commission. (B) Vacancies \nA vacancy created by the removal of a member of the Commission under subparagraph (A) does not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (c) Duties \n(1) Review \nThe Commission shall conduct a review of the strategic posture of the United States, including a strategic threat assessment and a detailed review of nuclear weapons policy, strategy, and force structure and factors affecting the strategic stability of near-peer competitors of the United States. (2) Assessment and recommendations \n(A) Assessment \nThe Commission shall assess— (i) the benefits and risks associated with the current strategic posture and nuclear weapons policies of the United States; (ii) factors affecting strategic stability that relate to the strategic posture; and (iii) lessons learned from the findings and conclusions of the Congressional Commission on the Strategic Posture of the United States established by section 1062 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 319) and other previous commissions and previous Nuclear Posture Reviews. (B) Recommendations \nThe Commission shall make recommendations with respect to— (i) the most appropriate strategic posture; (ii) the extent to which capabilities other than nuclear weapons can contribute to or detract from strategic stability; and (iii) the most effective nuclear weapons strategy for strategic posture and stability. (d) Report and briefing required \n(1) In general \nNot later than December 31, 2022, the Commission shall submit to the President and the Committees on Armed Services of the Senate and the House of Representatives a report on the Commission’s findings, conclusions, and recommendations. (2) Elements \nThe report required by paragraph (1) shall include— (A) the recommendations required by subsection (c)(2)(B); (B) a description of the military capabilities and force structure necessary to support the nuclear weapons strategy recommended under that subsection, including nuclear, nonnuclear kinetic, and nonkinetic capabilities that might support the strategy, and other factors that might affect strategic stability; (C) a description of the nuclear infrastructure (that is, the size of the nuclear complex) required to support the strategy and the appropriate organizational structure for the nuclear security enterprise; (D) an assessment of the role of missile defenses in the strategy; (E) an assessment of the role of cyber defense capabilities in the strategy; (F) an assessment of the role of space systems in the strategy; (G) an assessment of the role of nonproliferation programs in the strategy; (H) an assessment of the role of nuclear arms control in the strategy; (I) an assessment of the political and military implications of the strategy for the United States and its allies; and (J) any other information or recommendations relating to the strategy (or to the strategic posture) that the Commission considers appropriate. (3) Interim briefing \nNot later than 180 days after the deadline for appointment of members of the Commission specified in subsection (b)(3)(A), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the review, assessments, and recommendations required by subsection (c), including a discussion of any interim recommendations. (e) Information from Federal agencies \n(1) In general \nThe Commission may secure directly from the Department of Defense, the National Nuclear Security Administration, the Department of State, or the Office of the Director of National Intelligence information, suggestions, estimates, and statistics for the purposes of this section. Each of such agency shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon receiving a request made by— (A) the chairperson of the Commission; (B) the chairperson of any subcommittee of the Commission created by a majority of members of the Commission; or (C) any member of the Commission designated by a majority of the Commission for purposes of making requests under this paragraph. (2) Receipt, handling, storage, and dissemination \nInformation, suggestions, estimates, and statistics provided to the Commission under paragraph (1) may be received, handled, stored, and disseminated only by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (f) Assistance from Federal agencies \nIn addition to information, suggestions, estimates, and statistics provided under subsection (e), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as those departments and agencies may determine advisable and as may be authorized by law. (g) Compensation and travel expenses \n(1) Status as Federal employees \nNotwithstanding the requirements of section 2105 of title 5, United States Code, including the requirements relating to supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees. (2) Compensation \nEach member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (3) Travel expenses \nWhile away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (h) Staff \n(1) Executive director \nThe Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (2) Pay \nThe Executive Director appointed under paragraph (1) may, with the approval of the Commission, appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (i) Personal services \n(1) Authority to procure \nThe Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates \nThe daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (j) Contracting authority \nThe Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (k) Authority to accept gifts \n(1) In general \nThe Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority under this paragraph does not extend to gifts of money. (2) Documentation; conflicts of interest \nThe Commission shall document gifts accepted under the authority provided by paragraph (1) and shall avoid conflicts of interest or the appearance of conflicts of interest. (3) Compliance with congressional ethics rules \nExcept as specifically provided in this section, a member of the Commission shall comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and the House of Representatives, respectively. (l) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (m) Commission support \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to provide appropriate staff and administrative support for the activities of the Commission. (n) Expedition of security clearances \nThe Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the Commission by offices of the Senate and the House of Representatives, respectively, under processes developed for the clearance of legislative branch employees. (o) Legislative advisory committee \nThe Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act ). (p) Funding \nOf the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $7,000,000 shall be made available to the Commission to carry out its duties under this section. Funds made available to the Commission under the preceding sentence shall remain available until expended. (q) Termination \n(1) In general \nThe Commission, and all authorities under this section, shall terminate on the date that is 90 days after the Commission submits the final report required by subsection (d). (2) Administrative actions before termination \nThe Commission may use the 90-day period described in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress with respect to and disseminating the report required by subsection (d).", "id": "HCECD12BBBFFF40E79200B33DE7FFC76F", "header": "Congressional Commission on the Strategic Posture of the United States" }, { "text": "1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA \n(a) Definitions; effective date; applicability \n(1) Definitions \nIn this section, the terms FY2021 NDAA and such Act mean the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) Amendments to apply pre-transfer of defense acquisition statutes \nThe amendments made by subsections (b), (i), and (j) through (v) shall apply as if included in the enactment of title XVIII of the FY2021 NDAA as enacted. (3) Amendments to take effect post-transfer of defense acquisition statutes \nThe amendments made by subsections (c) through (h) and (w) shall take effect immediately after the amendments made by title XVIII of the FY2021 NDAA have taken effect. Sections 1883 through 1885 of the FY2021 NDAA shall apply with respect to the transfers, redesignations, and amendments made under such subsections as if such transfers, redesignations, and amendments were made under title XVIII of the FY2021 NDAA. (4) Reorganization regulation update notice \nSection 1801(d)(3)(B)(i) of FY2021 NDAA is amended by inserting and provides public notice that such authorities have been revised and modified pursuant to such paragraph after paragraph (2). (5) Savings provision relating to transfer and reorganization of defense acquisition statutes \nIf this Act is enacted after December 31, 2021, notwithstanding section 1801(d)(1) of the FY2021 NDAA, the amendments made by title XVIII of the FY2021 NDAA shall take effect immediately after the enactment of this Act. (b) Technical corrections to title XVIII of FY2021 NDAA \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Section 1806(a) is amended in paragraph (4) by striking Transfer and all that follows through and amended and inserting the following: Restatement of section 2545(1).— Section 3001 of such title, as added by paragraph (1), is further amended by inserting after subsection (b), as transferred and redesignated by paragraph (3), a new subsection (c) having the text of paragraph (1) of section 2545 of such title, as in effect on the day before the date of the enactment of this Act, revised. (2) Section 1807 is amended— (A) in subsection (b)(1), by striking new sections and inserting new section ; (B) in subsection (c)(3)(A)— (i) by striking the semicolon and close quotation marks at the end of clause (i) and inserting close quotation marks and a semicolon; and (ii) by striking by any in the matter to be inserted by clause (ii); and (C) in subsection (e)— (i) by striking of this title in the matter to be inserted by paragraph (2)(B); and (ii) by striking Sections in the quoted matter before the period at the end of paragraph (3) and inserting For purposes of. (3) Section 1809(e) is amended by striking subparagraph (B) of paragraph (2) (including the amendment made by that subparagraph). (4) Section 1811 is amended— (A) in subsection (c)(2)— (i) in subparagraph (B), by striking the comma before the close quotation marks in both the matter to be stricken and the matter to be inserted; and (ii) in subparagraph (D), by inserting a comma after 3901 in the matter to be inserted; (B) in subsection (d)(3)(B)— (i) by striking the dash after mobilization in the matter to be inserted by clause (ii) and inserting a semicolon; and (ii) by striking the dash after center in the matter to be inserted by clause (iv) and inserting ; or ; (C) in subsection (d)(4)(D), by striking this in the matter to be stricken by clause (ii) and inserting This ; (D) in subsection (d)(5)(A), by striking inserting and all that follows through ; and and inserting inserting Offer requests to potential sources.— before The head of an agency ; and ; (E) in subsection (d)(6)(A), in the matter to be inserted— (i) by striking the close quotation marks after Procedures.— ; and (ii) by striking the comma after (7) ; and (F) in subparagraphs (C)(ii) and (E)(ii) of subsection (e)(3), by striking and (ii) each place it appears and inserting and (iii). (5) Section 1813 is amended in subsection (c)(1)(D) by inserting and inserting after the first close quotation marks. (6) Section 1816(c) is amended— (A) in paragraph (5)— (i) in subparagraph (C)— (I) by striking the second sentence and inserting the second and third sentences ; and (II) by striking subsection (d) and inserting subsections (d) and (e), respectively ; and (ii) by striking subparagraph (G) and inserting the following: (G) in subsection (d), as so designated, by inserting Notice of award.— before The head of ; and (H) in subsection (e), as so designated, by striking This subparagraph does not and inserting Exception for perishable subsistence items.— Subsections (c) and (d) do not. ; and (B) in paragraph (7)(J)(ii), in the matter to be inserted, by inserting under before this section. (7) Section 1818 is amended by striking the close quotation marks and second period at the end of subsection (b). (8) Section 1820 is amended— (A) in subsection (a), in the matter to be inserted, by striking the item relating to section 3404 and inserting the following new item: 3404. Reserved. ; (B) in subsection (c)(3)(A), by striking section in the matter to be stricken; and (C) in subsection (d)(4)(B), by inserting section before 3403(b) in the matter to be inserted. (9) Section 1821 is amended in subsection (b)(5) by striking subsection (b)(2)(B)(i) and inserting subsection (c)(2)(B)(i). (10) Section 1831 is amended— (A) in subsection (b), by striking redesignated as subsection (a), and and inserting amended by striking the subsection designation and subsection heading, and further ; (B) in subsection (c)(2)(A), in the matter to be stricken, by striking the and inserting The ; (C) in subsection (c)(2)(D)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; (D) in subsection (c)(2)(E)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; and (iii) by inserting and after the semicolon at the end; (E) in subsection (c)(2)(F)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; and (iii) by striking the semicolon at the end and inserting a period; (F) in subsection (c)(4)(A), by striking the matter proposed to be inserted and inserting Certification.— ; (G) in subsection (c)(8)— (i) by striking subparagraph (C); and (ii) in subparagraph (B), by adding and at the end; (H) in subsection (h), by striking such section 3706 in paragraphs (2) and (3) and inserting such section 3707 ; and (I) in subsection (j)— (i) in paragraph (3), in the matter to be inserted, by striking 3701–3708 and inserting 3701 through 3708 ; and (ii) by striking paragraphs (4) and (5). (11) Section 1832(i)(7)(F)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vi) in subparagraph (B) (as so redesignated), by striking paragraph (1) and inserting subsection (b).. (12) Section 1833 is amended— (A) in subsection (n), in the section heading for section 3791, by striking department of defense and inserting Department of Defense ; and (B) in subsection (o)(2), by striking Section and as section and inserting Sections and as sections , respectively. (13) Section 1834(h)(2) is amended by striking section 3801(1) in the matter to be inserted and inserting section 3801(a). (14) Section 1845(c)(2) is amended by striking section in the matter to be stricken and inserting sections. (15) Section 1846 is amended— (A) in subsection (f)(6)(A), in the matter to be inserted, by inserting a period after Oversight ; (B) in subsection (i)(3), by striking Section 1706(c)(1) and inserting Section 1706(a) ; and (C) by adding at the end the following: (j) Further cross-reference amendment \nSection 1706(a) of title 10, United States Code, is further amended by striking section 2430(a)(1)(B) and inserting section 4201(a)(2).. (16) Section 1847 is amended— (A) in the table of subchapters to be inserted by subsection (a), by striking the item relating to the second subchapter III (relating to contractors) and inserting the following: V. Contractors 4291 ; and (B) in subsection (e)(3)(A), by inserting section before 4376(a)(1) in the matter to be inserted. (17) Section 1848(d) is amended by striking paragraph (2). (18) Section 1850(e)(2) is amended by inserting transferred and before redesignated. (19) Section 1856 is amended— (A) in subection (f)(5)(A), in the matter to be inserted, by striking the comma at the end; and (B) in subsection (h), by striking subsection (d) and inserting subsection (g). (20) Section 1862(c)(2) is amended by striking section 4657 and inserting section 4658. (21) Section 1866 is amended— (A) in subsection (c)— (i) in paragraph (1), by inserting and at the end; (ii) in paragraph (2), by striking ; and at the end and inserting a period; and (iii) by striking paragraph (3) (including the amendment made by that paragraph); and (B) in subsection (d), by striking 4817 in the matter to be inserted by paragraph (4)(A)(ii) and inserting 4818. (22) Section 1867(d) is amended— (A) in paragraph (3), by striking Section 4814 and inserting Section 4814(a) ; (B) by amending paragraph (5) to read as follows: (5) Section 4818 is amended in subsection (a)— (A) by striking of this chapter and inserting of chapters 381 through 385 and chapter 389 ; and (B) by striking under this chapter and inserting under such chapters. ; and (C) by adding at the end the following new paragraph: (7) Section 4817(d)(1) is amended by striking this chapter and inserting chapters 381 through 385 and chapter 389.. (23) Section 1870(c)(3) is amended— (A) by inserting after subparagraph (A) the following new subparagraph: (B) in each of paragraphs (4) and (5) of subsection (d), by striking section 2500(1) and inserting section 4801(1) ; ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (C) in subparagraph (D) (as so redeisgnated), by striking of the first subsection (k) (relating to Limitation on certain procurements application process ), and inserting of subsection (j),. (24) Section 1872(a) is amended in each of paragraphs (5) through (11) by striking chapter 385 of such title, as amended and inserting chapter 388 of such title, as added. (c) Conforming amendments to provisions of title 10, United States Code, that are transferred and redesignated by title XVIII of the FY2021 NDAA \nTitle 10, United States Code, as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows: (1) Section 3221 of title 10, United States Code, as added by subsection (a) and amended by subsection (b) of section 1812 of such Act, is amended in subsection (c) by striking under this section and inserting under this chapter. (2) Section 3223 of such title, as added by subsection (a) and amended by subsection (d) of section 1812 of such Act, is amended by striking under this section in paragraph (2) and inserting under this chapter. (3) Section 3702 of such title, as added and amended by section 1831 of such Act, is amended— (A) in subsection (a)(3) by striking under this section in the matter preceding subparagraph (A) and inserting under this chapter ; and (B) in subsection (d), by striking this section and inserting this chapter. (4) Section 4375 of such title, as added by subsection (a) and amended by subsection (i) of section 1850 of such Act, is amended in subsection (d)(7)— (A) by striking under the program (i) expressed as and inserting under the program— (A) expressed as ; and (B) by striking or subprogram, and (ii) expressed as and inserting “or subprogram; and (B) expressed as. (d) Cross-reference amendments within transferred sections \nTitle 10, United States Code, as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows: (1) Section 3131 of title 10, United States Code, as transferred and redesignated by section 1809(b) of such Act, is amended in subsection (b)(1) by striking section 2353 and inserting section 4141. (2) Section 3137 of such title, as transferred and redesignated by section 1809(h)(1) of such Act, is amended in subsection (b)(2) by striking section 2330a and inserting section 4505. (3) Section 3203 of such title, as added by paragraph (1) and amended by paragraph (2) of section 1811(d)(2) of such Act, is amended in subsection (c) by striking paragraphs (1) and (2) and inserting subsections (a)(1) and (b). (4) Section 3206 of such title, as added by paragraph (1) and amended by paragraphs (2) and (3) of section 1811(e)(2) of such Act, is amended in subsection (a)(3) by striking subparagraphs (A) and (B) in the matter preceding subparagraph (A) and inserting paragraphs (1) and (2). (5) Section 3221 of such title, as added by subsection (a) and amended by subsection (b) of section 1812 of such Act, is amended in subsection (b)(2) by striking chapter 144 before of this title and inserting chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328. (6) Section 3862 of such title, as transferred and redesignated by section 1836(b) of such Act, is amended in subsection (b) by striking section 2303(a) and inserting section 3063. (7) Section 4008 of such title, as transferred and redesignated by section 1841(c) of such Act, is amended by striking section 2303(a) in subsections (a) and (d) and inserting section 3063. (8) Section 4061 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended in subsection (b)(5) by striking section 2302e and inserting section 4004. (9) Section 4062 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended— (A) in subsection (c)(4)(A)— (i) in clause (i), by striking section 2433(d) and inserting section 4374 ; and (ii) in clause (ii), by striking section 2433(e)(2)(A) and inserting section 4375(b) ; (B) in subsection (j), by striking chapter 137 and inserting sections 3201 through 3205 ; and (C) in subsection (k)(2), by striking (as defined in section 2302(5) of this title). (10) Section 4171 of such title, as transferred and redesignated by section 1845(b) of such Act, is amended in subsection (a)(2)— (A) in subparagraph (A), by striking within the meaning and all that follows through this title ; and (B) in subparagraph (B), by striking under and all that follows through this title and inserting under section 4203(a)(1) of this title. (11) Section 4324 of such title, as amended by section 802(a) and transferred and redesignated by section 1848(d)(1) of such Act, is amended in subsection (d)— (A) in paragraph (5), by striking section 2430 in subparagraph (A) and section 2430(a)(1)(B) in subparagraph (B) and inserting section 4201 and section 4201(a)(2) of this title , respectively; (B) in paragraph (6), by striking section 2366(e)(7) and inserting section 4172(e)(7) ; and (C) in paragraph (7), by striking section 2431a(e)(5) and inserting section 4211(e)(3). (12) Section 4375 of such title, as added by subsection (a) and amended by subsection (h) section 1850), is amended in subsection (c)(2)— (A) in subparagraph (A), by striking or (b)(2) ; and (B) in subparagraph (B)— (i) by striking or (b)(2) ; and (ii) by striking subsection (b)(1) and inserting section 4376. (13) Section 4505 of such title, as transferred and redesignated by section 1856(g) of such Act, is amended by striking section 2383(b)(3) in subsection (h)(2) and inserting section 4508(b)(3). (14) Section 4660 of such title, as transferred and redesignated by section 1862(b) of such Act, is amended by striking section 2324 in subsection (c)(2) and inserting subchapter I of chapter 273. (15) Section 4814 of such title, as transferred and redesignated by section 1867(b) of such Act, is amended by striking subchapter V of chapter 148 in paragraph (5) of subsection (a), as added by section 842(a)(2) of such Act, and inserting chapter 385. (16) Section 4819 of such title, as transferred and redesignated by section 1867(b) of such Act and amended by section 843 of such Act, is amended in subsection (b)(2)— (A) in subparagraph (C)(xi), by striking section 2339a and inserting section 3252 ; and (B) in subparagraph (E)— (i) in clause (i), by striking (as defined in section 2500(1) of this title) ; (ii) in clause (ii), by striking section 2533a and inserting section 4862 ; and (iii) in clause (v), by striking section 2521 and inserting sections 4841 and 4842. (17) Section 4862 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended by striking section 2304(c)(2) in subsection (d)(4) and inserting section 3204(a)(2). (18) Section 4863 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended— (A) in subsection (c)(2), by striking section 2304(c)(2) and inserting section 3204(a)(2) ; and (B) in subsection (f), by striking section 2304(g) and inserting section 3205. (19) Section 4981 of such title, as transferred by subsection (b) and redesignated by subsection (c) of section 1873 of such Act, is amended by striking section 2501(a) in subsection (a) and inserting section 4811(a). (e) Disposition of new title 10 acquisition provisions added by the FY2021 NDAA \n(1) Transfer of new section 2339c \n(A) Transfer \nSection 2339c of title 10, United States Code, as added by section 803 of the FY2021 NDAA, is transferred to chapter 873 of such title, inserted after section 8754, and redesignated as section 8755, and amended in subsection (d)(3) by striking section 2430 and inserting section 4201. (B) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 8755. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts.. (2) Transfer of new section 2533d \n(A) Transfer \nSection 2533d of title 10, United States Code, as added by section 841(a) of the FY2021 NDAA, is transferred to chapter 385 of such title, inserted after section 4872 of subchapter III of such chapter, redesignated as section 4873, and amended in subsection (a)(2) by striking section 2338 and inserting section 3573. (B) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4872 the following new item: 4873. Additional requirements pertaining to printed circuit boards.. (3) Transfer of new section 2358c \n(A) Transfer \nSection 2358c of title 10, United States Code, as added by section 1115(a) of the FY2021 NDAA, is transferred to subchapter II of chapter 303 of such title, as added by section 1842(a) of the FY2021 NDAA, inserted after section 4093, as transferred and redesignated by section 1843(a) (as amended by this section), and redesignated as section 4094. (B) Clerical amendments \nThe table of sections at the beginning of such chapter, as added by section 1842(a) of the FY2021 NDAA (as amended by this section), is amended by inserting after the item relating to section 4093 the following new item: 4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories.. (4) Transfer of new section 2374b \n(A) Transfer \nSection 2374b of title 10, United States Code, as added by section 212(a)(1) of the FY2021 NDAA, is transferred to subchapter II of chapter 301 of such title, added at the end of such subchapter, and redesignated as section 4027. (B) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4027. Disclosure requirements for recipients of research and development funds.. (f) Amendments to tables of sections \nTitle 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 136 is amended by striking the item relating to section 2283. (2) The table of sections at the beginning of chapter 165 is amended by striking the item relating to section 2784. (3) The table of sections at the beginning of chapter 203, as added by section 1807(a) of the FY2021 NDAA, is amended in the item relating to section 3064 by inserting of after Applicability. (4) The table of sections at the beginning of chapter 223, as added by section 1813(a) of such Act, is amended by striking the item relating to section 3248 and inserting the following new item: 3248. Reserved.. (5) The table of sections at the beginning of subchapter II of chapter 273, as added by section 1832(j) of such Act, is amended by striking the items relating to sections 3764 and 3765. (6) The table of sections at the beginning of subchapter III of chapter 275, as added by section 1833(n) of such Act, is amended by striking the item relating to section 3792 and inserting the following new item: 3792. Reserved.. (7) The table of sections at the beginning of subchapter I of chapter 322, as added by section 1847(a), is amended by striking the item relating to section 4212 and inserting the following new item: 4212. Risk management and mitigation in major defense acquisition programs and major systems.. (8) The table of sections at the beginning of subchapter II of chapter 322, as added by section 1847(a), is amended by striking the item relating to section 4232 and inserting the following new item: 4232. Prohibition on use of lowest price technically acceptable source selection process.. (9) The table of sections at the beginning of chapter 323, as added by section 1848(a), is amended by striking the item relating to section 4324 and inserting the following new item: 4324. Life-cycle management and product support.. (10) The table of sections at the beginning of chapter 382, as added by section 1867(a) of such Act, is amended by striking the item relating to section 4814 and inserting the following new item: 4814. National technology and industrial base: annual report and quarterly briefings.. (g) Amendments to tables of chapters \nThe tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended— (1) in the items for chapters 203, 205, and 207, by striking the section number at the end of each item and inserting 3061 , 3101 , and 3131 , respectively; (2) by striking the item for chapter 247 and inserting the following: 247. Procurement of Commercial Products and Commercial Services 3451 ; (3) in the item for chapter 251, by striking the section number at the end and inserting 3571 ; (4) by striking the item for chapter 257 and inserting the following: 257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat Vehicles 3671 258. Other Types of Contracts Used for Procurements for Particular Purposes 3681 ; and (5) by striking the last word in the item for the heading for subpart D and inserting Provisions. (h) Amendments to headings \nSubtitle A of title 10, United States Code, is amended as follows: (1) The heading of subpart D of part V is amended to read as follows: D General Contracting Provisions \n. (2) The heading of subchapter II of chapter 273, as added by section 1832(j) of the FY2021 NDAA, is amended to read as follows: II Other Allowable Cost Provisions \n. (i) Amendments to delete headings from sections specified as Reserved \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Chapter 201 \nThe matter inserted by section 1806(a)(1) is amended— (A) in each of the items relating to sections 3003 and 3005 in the table of sections at the beginning of subchapter I, by striking the text after the section designation and inserting Reserved. ; (B) by striking section 3003 and inserting the following: 3003. Reserved \n; and (C) by striking section 3005 and inserting the following: 3005. Reserved \n. (2) Chapter 209 \n(A) In the table of contents for chapter 209 inserted by section 1810(a), by striking the text after the subchapter II designation and inserting Reserved. (B) Section 1810(d) is amended to read as follows: (d) Additional subchapter \nChapter 209 of title 10, United States Code, is amended by adding at the end the following new subchapter: II Reserved \nSec. 3171. Reserved. 3172. Reserved. 3171. Reserved \n3172. Reserved \n.. (3) Chapter 225 \nThe matter inserted by section 1813(h) is amended by striking the text after the chapter designation and inserting Reserved. (4) Chapter 242 \nThe matter inserted by section 1817(a) is amended— (A) in the item relating to section 3324 in the table of sections, by striking the text after the section designation and inserting Reserved. ; and (B) by striking section 3324 and inserting the following: 3324. Reserved \n. (5) Chapter 253 \n(A) The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the text after the chapter designation for chapter 253 in each place and inserting Reserved. (B) Section 1824 is amended— (i) in the matter inserted by subsection (a), by striking the text after the chapter designation and inserting Reserved ; and (ii) in the matter inserted by subsection (b), by striking the text after the chapter designation and inserting Reserved. (6) Chapter 272 \nThe matter inserted by section 1831(k) is amended— (A) by striking the text after the chapter designation and inserting Reserved ; and (B) by striking all after the chapter heading and inserting the following: Sec. 3721. Reserved. 3722. Reserved. 3723. Reserved. 3724. Reserved. 3721. Reserved \n3722. Reserved \n3723. Reserved \n3724. Reserved \n. (7) Chapter 279 \n(A) The matter inserted by section 1835(a) is amended in the table of sections by striking the text after the section designation in each of the items relating to sections 3843, 3844, and 3846 and inserting Reserved.. (B) Section 1835(e) is amended— (i) by striking the matter inserted by paragraph (1) and inserting the following: 3843. Reserved \n3844. Reserved \n; and (ii) by striking matter inserted by paragraph (2) and inserting the following: 3846. Reserved \n. (8) Chapter 283 \n(A) The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the text after the chapter designation for chapter 283 in each place and inserting Reserved. (B) Section 1837 is amended to read as follows: 1837. Reservation of chapter 283 \nPart V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended by striking chapter 283 and inserting the following: 283 Reserved \n.. (9) Chapter 343 \nSection 1856 is amended— (A) in the matter to be inserted by subsection (a), by striking the text following the designation of chapter 343 and inserting Reserved ; and (B) by amending the matter to be inserted by subsection (j) to read as follows: 343 Reserved \nSubchapter Sec. I. Reserved 4541 II. Reserved 4551 I Reserved \nSec. 4541. Reserved. II Reserved \nSec. 4551. Reserved.. (10) Chapter 387 \nSection 1871 is amended by amending the matter to be inserted by subsection (a)(2)— (A) by inserting after the item relating to subchapter I the following new item: II. Reserved 4991 ; and (B) by inserting after the item relating to section 4901 the following new item: II Reserved \nSec. 4911. Reserved.. (j) Revised section relating to regulations \nSection 1807(b) of the FY2021 NDAA is amended in the matter to be inserted by paragraph (1), by striking shall prescribe and inserting is required by section 2202 of this title to prescribe. (k) Revised transfer of sections relating to multiyear contracts for acquisition of property \nSection 1822 of the FY2021 NDAA is amended as follows: (1) Revised sections \nIn the matter to be inserted by subsection (a)— (A) in the table of sections for subchapter I, by striking the items relating to sections 3501 through 3511 and inserting the following: 3501. Multiyear contracts: acquisition of property. ; and (B) by striking the section headings for sections 3501 through 3511 and inserting the following: 3501. Multiyear contracts: acquisition of property \n. (2) Transfer of section 2306b \nSuch section is further amended— (A) by striking subsections (b) through (l); and (B) by inserting after subsection (a) the following new section: (b) Transfer of section 2306b \nSection 2306b of title 10, United States Code, is transferred to section 3501 of such title, as added by subsection (a).. (3) Transfer of section 2306c \nSuch section is further amended— (A) in the matter to be inserted by subsection (m)— (i) in the table of sections, by striking the items relating to sections 3531 through 3535 and inserting the following: 3531. Multiyear contracts: acquisition of services. ; and (ii) by striking the section headings for sections 3531 through 3535 and inserting the following: 3531. Multiyear contracts: acquisition of services \n; (B) by redesignating such subsection (m) as subsection (c); (C) by striking subsections (n) through (s); (D) by adding after subsection (c) (as so redesignated) the following new subsection: (d) Transfer of section 2306c \nSection 2306c of title 10, United States Code, is transferred to section 3531 of such title, as added by subsection (c).. (4) Conforming redesignation \nSuch section is further amended by redesignating subsection (t) as subsection (e). (l) Renaming of chapter 287 \n(1) Renaming of chapter \nSection 1838 of the FY2021 NDAA is amended— (A) in the section heading, by striking the penultimate word in the heading and inserting Other contracting ; and (B) by striking the penultimate word in the chapter heading in the matter inserted by subsection (a) and inserting Other Contracting. (2) Tables of chapters \nThe tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the item relating to chapter 287 and inserting the following new item: 287. Other Contracting Programs 3961. (m) Revised transfer of sections within chapter 388 \n(1) Transfer \nSection 1872(a) of title XVIII of the FY2021 NDAA, as amended by this section, is further amended— (A) by amending paragraph (2) to read as follows: (2) Transfer \nThe text of section 2411 of title 10, United States Code, is transferred to section 4951 of such title, as added by paragraph (1). ; (B) by amending paragraph (3) to read as follows: (3) Transfer of section 2412 \nThe text of section 2412 of title 10, United States Code, is transferred to section 4952 of such title, as added by paragraph (1). ; and (C) by amending paragraph (4) to read as follows: (4) Transfer of section 2420 \nThe text of section 2420 of title 10, United States Code, is transferred to section 4953 of such title, as added by paragraph (1).. (2) Conforming amendments \nSuch section 1872(a) is further amended— (A) in paragraph (5)— (i) by striking inserted after section 4951, redesignated as section 4952 and inserting inserted after section 4953, redesignated as section 4954 ; (ii) in the matter to be inserted by subparagraph (B)(ii), by striking section 4957(b) and inserting section 4959(b) ; (B) in paragraph (6)— (i) by striking section 4952 and inserting section 4954 ; (ii) by striking section 4953 and inserting section 4955 ; (iii) in the matter to be inserted by subparagraph (B), by striking section 4951(b)(1)(D) and inserting section 4951(1)(D) ; and (iv) in the matter to be inserted by subparagraph (C), by striking section 4957(b) and inserting section 4959(b) ; (C) in paragraph (7)— (i) by striking section 4953 and inserting section 4955 ; (ii) by striking section 4954 and inserting section 4956 ; (D) in paragraph (8)— (i) by striking section 4954 and inserting section 4956 ; (ii) by striking section 4955 and inserting section 4957 ; (E) in paragraph (9)— (i) by striking section 4955 and inserting section 4957 ; (ii) by striking section 4956 and inserting section 4958 ; (F) in paragraph (10)— (i) by striking section 4956 and inserting section 4958 ; (ii) by striking section 4957 and inserting section 4959 ; (G) in paragraph (11)— (i) by striking inserted after section 4957, as added by paragraph (10), and inserting added at the end of such chapter ; and (ii) by striking section 4959 and inserting section 4961. (3) Table of sections \nSection 1872(a)(B) of the FY2021 NDAA is amended by striking the matter to be inserted and inserting the following: 388 Procurement Technical Assistance Cooperative Agreement Program \n4951. Definitions. 4952. Purposes. 4953. Regulations. 4954. Cooperative agreements. 4955. Funding. 4956. Distribution. 4957. Subcontractor information. 4958. Authority to provide certain types of technical assistance. 4959. Advancing small business growth. 4960. [Reserved]. 4961. Administrative and other costs. 4951. Definitions \n4952. Purposes \n4953. Regulations \n. (n) Revised section relating to Navy contract financing \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Revised placement \nThe matter to be inserted by section 1834(a) is amended— (A) in the table of sections, by adding at the following new item: 3808. Certain Navy contracts. ; and (B) by adding after the heading for section 3807 the following: 3808. Certain Navy contracts \n. (2) Transfer of section 2307(g) \nSection 1834 is further amended by adding at the end the following new subsection: (i) Transfer of subsection (g) of section 2307 \n(1) Transfer \nSubsection (g) of section 2307 of title 10, United States Code, is transferred to section 3808 of such title, as added by subsection (a), inserted after the section heading, and amended— (A) by striking the subsection designation and subsection heading; and (B) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c), respectively. (2) Revisions to new 3808(a) \nSubsection (a) of such section 3808, as so transferred and redesignated, is amended— (A) by inserting Repair, maintenance, or overhaul of naval vessels: rate for progress payments.— before The Secretary of the Navy ; and (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (3) Revisions to new 3808(b) \nSubsection (b) of such section 3808, as so transferred and redesignated, is amended— (A) by inserting Authority to advance funds for immediate salvage operations.— before The Secretary of the Navy ; and (B) by striking this paragraph in the second sentence and inserting this subsection. (4) Revisions to new 3808(c) \nSubsection (c) of such section 3808, as so transferred and redesignated, is amended by inserting Security for construction and conversion of naval vessels.— before The Secretary of the Navy. (5) Conforming amendment \nSection 8702(c) is amended by striking section 2307(g)(2) and inserting section 3808(b). ”. (3) Repeal of prior transfer \nSection 1876 is repealed. (o) Revised transfer relating to Selected Acquisition Reports \n(1) Transfer as single section \n(A) Subsection (a) section 1849 of the FY2021 NDAA is amended in the matter to be inserted by striking all after the chapter heading and inserting the following: Sec. 4351. Selected Acquisition Reports.. (B) Subsection (b) of such section 1849 is amended to read as follows: (b) Transfer of section 2432 \nSection 2432 of title 10, United States Code, is transferred to chapter 324 of such title, as added by subsection (a), and redesignated as section 4351.. (2) Conforming amendments \n(A) The section heading for section 1849 of the FY2021 NDAA is amended to read as follows: 1849. Selected Acquisition Reports \n. (B) Section 1849 of the FY2021 NDAA is amended in the matter to be inserted by striking the text after the chapter designation and inserting Selected Acquisition Reports. (3) Cross-reference amendments in section 4351(c) \nSubsection (c) of such section 1849 is amended to read as follows: (c) Cross-reference amendments in new section 4351(c) \nSubsection (c)(1) of such section, as so transferred and redesignated, is amended— (1) by striking section 2431 in subparagraph (A) and inserting section 4205 ; (2) by striking section 2433(a)(2) in subparagraph (B)(i) and inserting section 4371(a)(4) ; (3) by striking section 2435(d)(1) in subparagraph (B)(ii) and inserting section 4214(d)(1) ; (4) by striking section 2435(d)(2) in subparagraph (B)(iii) and inserting section 4214(d)(2) ; (5) by striking section 2432(e)(4) in subparagraph (B)(iv) and inserting section 4355(4) ; and (6) by striking section 2446a in subparagraph (G) and inserting section 4401. ”. (4) Cross-reference amendment in section 4351(h) \nSubsection (d) of such section 1849 is amended to read as follows: (d) Cross-reference amendment in new section 4351(h) \nSubsection (h)(2)(A) of such section, as so transferred and redesignated, is amended by striking section 2431 and inserting section 4205. ”. (5) Deletion of superseded amendments \nSuch section 1849 is further amended— (A) by striking subsections (e) through (k); and (B) redesignating subsections (l) and (m) as subsections (e) and (f), respectively. (6) Conforming cross-reference amendments \nTitle XVIII of the FY2021 NDAA is amended— (A) in section 1812— (i) in subsection (b)(2)(D), by striking section 4353(a) in the matter to be inserted and inserting section 4351(c)(1) ; and (ii) in subsection (f)(2)(C), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (B) in section 1846— (i) in subsection (f)(5)(C), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; and (ii) in subsection (g)(1), by striking section 4351 in the matter to be inserted and inserting section 4351(a) ; (C) in section 1847— (i) in subsection (b)(4)(B)(iii), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (ii) in subsection (c)(1)(A)(i), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (iii) in subsection (d)(2)(C)(ii), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; and (iv) in subsection (e)(1)(A), by striking section 4351(2) in the matter to be inserted and inserting section 4351(a)(2) ; (D) in section 1849(f) (as so redesignated), by striking chapter 324 in the matter to be inserted and inserting section 4351 ; and (E) in section 1850— (i) in subsection (b)(3)(A)(ii), by striking section 4351 in the matter to be inserted and inserting section 4351(a) ; (ii) in subsection (c)(2), by striking section 4358 in the matter to be inserted and inserting section 4351(h) ; (iii) in subsection (e)(4)(A), by striking section 4352(c) in the matter to be inserted and inserting section 4351(b)(3) ; (iv) in subsection (h)(2)(C)(ii), by striking and inserting and all that follows through respectively and inserting and inserting section 4351(e) and section 4351(f) , respectively ; (v) in subsection (j)(3)(B)(ii), by striking section 4356(a) in the matter to be inserted and inserting section 4351(f) ; (vi) in subsection (k)(4)(D), by striking section 4352 in the matter to be inserted and inserting section 4351 ; and (vii) in subsection (k)(6)(D)(i)(II), by striking section 4356 in the matter to be inserted and inserting section 4351(f). (p) Transfer of sections 2196 & 2197 to chapter 384 (manufacturing technology) \n(1) Transfer \nSection 1869(d) of the FY2021 NDAA is amended— (A) by striking section 2522.— Section 2522 of title 10, United States Code, is and inserting Sections 2196, 2197, and 2522.— (1) Transfer \nSections 2196, 2197, and 2522 of title 10, United States Code, are ; (B) by striking as section 4843 and inserting as sections 4843, 4844, and 4845, respectively ; and (C) by adding at the end the following new paragraph: (2) Conforming amendments \nSection 4844, as transferred and redesignated by paragraph (1), is amended in subsection (a)(6), by striking section 2196 and inserting section 4843.. (2) Tables of sections \n(A) Chapter 384 \nSection 1869(a) of the FY2021 NDAA is amended in the matter to be inserted by striking the item relating to section 4843 and inserting the following: 4843. Manufacturing engineering education program. 4844. Manufacturing experts in the classroom. 4845. Armament retooling and manufacturing.. (B) Chapter 111 \nThe table of sections at the beginning of chapter 111 of title 10, United States Code, is amended by striking the items relating to sections 2196 and 2197. (q) Revised transfer of section 2358b \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of transfer to chapter 303 \nSection 1842(b) is amended— (A) by striking 2358b, ; and (B) by striking 4064,. (2) Transfer to chapter 87 \nSubtitle J of title XVIII of the FY2021 NDAA is amended by inserting after section 1878 the following new section: 1878A. Transfer of title 10 section relating to joint reserve detachment of Defense Innovation Unit \n(a) Transfer \nSection 2358b of title 10, United States Code, is transferred to subchapter V of chapter 87 of such title, inserted after section 1765, and redesignated as section 1766. (b) Clerical amendment \nThe table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 1766. Joint reserve detachment of the Defense Innovation Unit.. (r) Revised section relating to acquisition-related functions of chiefs of the armed forces \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of separate section for acquisitions functions of service chiefs \nSection 1847 is amended— (A) in the matter to be inserted by subsection (a), by striking the item relating to section 4274 in the table of sections for subchapter IV and inserting: 4274. Reserved. ; and (B) in subsection (e), by striking paragraphs (4), (5), and (6)(B). (2) Cross-reference amendment \nSection 1808(d) is amended by adding at the end the following new paragraph: (3) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and 9033(d)(5) of such title are amended by striking and 2547 and inserting and 3104. ”. (s) Revised transfer of section relating to national technology and industrial base \nTitle XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of previous transfer of section 2440 \nSection 1847(b)(2) is amended— (A) by striking Transfer of and all that follow through (B) ; and (B) by striking paragraph (3) in the matter to be inserted and inserting section 4820 of this title. (2) Revised transfer \n(A) Section 2440 of title 10, United States Code, as amended by section 846(b) of the FY2021 NDAA, is transferred to chapter 382 of such title, inserted after section 4819, and redesignated as section 4820. (B) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4820. National technology and industrial base plans, policy, and guidance.. (C) Such section 4820, as so transferred and redesignated, is amended— (i) in subsection (a), by striking section 2501 and inserting section 4811 ; and (ii) in subsection (b), by striking chapter 148 and inserting subchapters 381 through 385 and subchapter 389. (t) Revision of subchapter III of chapter 385 \nSection 1870(d) of the FY2021 NDAA is amended— (1) in the matter inserted by paragraph (1)— (A) by striking the items relating to sections 4871 and 4872 and inserting the following new items: 4871. Contracts: consideration of national security objectives. 4872. Acquisition of sensitive materials from non-allied foreign nations: prohibition. ; and (B) by adding after the item relating to section 4873, as added by this section, the following new item: 4874. Award of certain contracts to entities controlled by a foreign government: prohibition. ; (2) in paragraph (2)— (A) in the paragraph heading, by striking sections 2533c and 2536 and inserting sections 2327, 2533c, and 2536 ; (B) by striking sections 2533c and 2536 of title 10 and inserting sections 2327, 2533c, and 2536 of title 10 ; and (C) by striking sections 4871 and 4872 and inserting sections 4871, 4872, and 4874 ; (3) in paragraph (3)— (A) in subparagraph (A), by striking Section 4871 and inserting Section 4872 ; and (B) in the matter inserted by subparagraph (B), by striking 4871 and inserting 4872 ; and (4) in the matter inserted by paragraph (4), by striking section 4872(c)(1) and inserting section 4874(c)(1). (u) Restructuring of chapters of subpart E (research & engineering) \nSection 1841 of the FY2021 NDAA is amended as follows: (1) Revised subpart E \nThe matter to be inserted by subsection (a)(2) is amended to read as follows: E Research and Engineering \n301. Research and Engineering Generally 4001 303. Research and Engineering Activities 4061 305. Universities 4131 307. Test and Evaluation 4171. (2) Revised chapter 301 \nSection 1841 of the FY2021 NDAA is further amended as follows: (A) Revised table of sections \nThe matter to be inserted by subsection (a)(1)(B) is amended— (i) by inserting after the item relating to chapter 301 the following: I General \n; (ii) by striking the items relating to sections 4002, 4003, and 4004 and inserting the following: 4002. Reserved. 4003. Reserved. 4004. Contract authority for development and demonstration of initial or additional prototype units. ; (iii) by striking the items relating to sections 4008 and 4009 and inserting the following: 4008. Reserved. 4009. Reserved. ; and (iv) by striking the item relating to section 4015 and inserting the following: II Agreements \n4021. Research projects: transactions other than contracts and grants. 4022. Authority of the Department of Defense to carry out certain prototype projects. 4023. Procurement for experimental purposes. 4024. Merit-based award of grants for research and development. 4025. Prizes for advanced technology achievements. 4026. Cooperative research and development agreements under Stevenson-Wydler Technology.. (B) Revised transfer of title 10 sections \nSubsection (b)(1) is amended— (i) by inserting 2302e, 2359, after 2358, ; (ii) by striking and 2373 and inserting , 2373, 2374, 2374a, and 2371a ; (iii) by striking 4002, 4003, and ; and (iv) by inserting , 4007, 4021, 4022, 4023, 4024, 4025, and 4026 before , respectively. (C) Technical amendment \nSubsection (b)(2)(A)(i) is amended by striking by striking and all that follows through the semicolon at the end and inserting by striking section 2371 or 2371b and inserting section 4021 or 4022 ;. (D) Designation of subchapters \nSubsection (c) is amended to read as follows: (c) Designation of subchapters \nChapter 301 of such title, as added by subsection (a), is amended— (1) by inserting before section 4001, as transferred and redesignated by subsection (b)(1), the following: I General \n; and (2) by inserting before section 4021, as transferred and redesignated by subsection (b)(1), the following: II Agreements \n.. (E) Revised transfer of section 2364(a) \nSubsection (d)(1) is amended by striking section 4009 and inserting section 4007. (F) Revised cross-reference amendments \n(i) Subsection (b)(2) is amended— (I) in subparagraph (A)(ii), by striking sections 4004 in the matter to be inserted and inserting section 4023 ; (II) in subparagraph (A)(iii), by striking sections 4002 and 4143 in the matter to be inserted and inserting sections 4021 and 4026 ; (III) in subparagraph (B), by striking Section 4002 and inserting Section 4021 ; (IV) in subparagraph (C)— (aa) by striking Section 4003 and inserting Section 4022 ; and (bb) by striking section 4002 in the matter to be inserted and inserting section 4021 ; and (V) by adding at the end the following new subparagraph: (D) Section 4004 of such title, as so transferred and redesignated, is amended by striking section 2302(2)(B) in subsection (a) and inserting section 3012(2).. (ii) Subsection (e)(2) is amended by striking section 4003 in the matter to be inserted and inserting section 4022. (3) Revised chapter 303, subchapter I \nSection 1842 of the FY2021 NDAA is amended as follows: (A) Revised heading and table of sections \nThe matter to be inserted by subsection (a) is amended to read as follows: 303 Research and Engineering Activities \nSubchapter I—General Sec. 4061. Defense Research and Development Rapid Innovation Program. 4062. Defense Acquisition Challenge Program. 4063. Reserved. 4064. Reserved. 4065. Reserved. 4066. Global Research Watch Program. 4067. Technology protection features activities. Subchapter II—Personnel 4091. Authorities for certain positions at science and technology reinvention laboratories. 4092. Personnel management authority to attract experts in science and engineering. 4093. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program. Subchapter III—Research and Development Centers and Facilities 4121. Reserved. 4122. Reserved. 4123. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. 4124. Centers for Science, Technology, and Engineering Partnership. 4125. Functions of Defense research facilities. 4126. Use of federally funded research and development centers. I General \nII Personnel \nIII Research and Development Centers and Facilities \n. (B) Transfer of title 10 sections to subchapter i \nSubsection (b) is amended— (i) by striking 2361a and all that follows through 2365 and inserting 2365, and 2357 ; (ii) by striking after the table of sections and inserting after the heading for subchapter I ; and (iii) by striking 4063 and all that follows through 4066 and inserting 4066, and 4067. (C) Revised cross-reference amendment \nSubsection (c)(1) is amended by striking section 4065 in the matter to be inserted and inserting section 4025. (4) Revised chapter 303, subchapters ii & iii \n(A) In general \nSection 1843 of the FY2021 NDAA is amended by striking the section heading and subsections (a) and (b) and inserting the following: 1843. Personnel; research and development centers and facilities \n(a) Transfer of title 10 sections to subchapter ii \nSections 2358a, 1599h, and 2192a of title 10, United States Code, are transferred to subchapter II of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4091, 4092, and 4093, respectively. (b) Transfer of title 10 sections to subchapter iii \n(1) In general \nSections 2363, 2368, and 2367 of title 10, United States Code, are transferred to subchapter III of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4123, 4124, and 4126, respectively. (2) Transfer of section 2364(b) and (c) \n(A) Heading \nSuch subchapter III is further amended by inserting after section 4124, as transferred and redesignated by paragraph (1), the following: 4125. Functions of Defense research facilities \n. (B) Text \nSubsections (b) and (c) of section 2364 of such title are transferred to such subchapter, inserted after the section heading for section 4125, as added by subparagraph (A), and redesignated as subsections (a) and (b), respectively.. (B) Revised cross-reference amendment \nSubsection (c) of such section 1843 is amended by striking section 4103(a) in the matter to be inserted and inserting section 4123(a). (C) Conforming amendments to transferred section \nSuch section 1843 is further amended by adding at the end the following new subsection: (d) Conforming amendments to transferred section \nSection 4124 of such title, as transferred and redesignated by subsection (b)(1), is amended in subsection (b)(3)(B)(ii), by striking 2358, 2371, 2511, 2539b, and 2563 and inserting 2563, 4001, 4021, 4831, and 4062.. (5) Revised chapter 305 \n(A) New chapter 305 \nSubsection (a) of section 1844 of the FY2021 NDAA is amended— (i) by striking chapter 305, as added by the preceding section and inserting chapter 303, as added by section 1842 ; and (ii) by striking the matter inserted by that subsection and inserting: 305 Universities \nSec. 4141. Award of grants and contracts to colleges and universities: requirement of competition. 4142. Extramural acquisition innovation and research activities. 4143. Research and development laboratories: contracts for services of university students. 4144. Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education.. (B) Transfer of title 10 sections to new chapter 305 \nSuch section is further amended by striking subsections (b), (c), (d), and (e) and inserting the following: (b) Transfer of title 10 sections \nSections 2361, 2361a, 2360, and 2362 of title 10, United States Code, are transferred to chapter 305 of such title, as added by subsection (a), inserted (in that order) after the table of sections, and redesignated as section 4141, 4142, 4143, and 4144, respectively.. (6) Revised chapter 307 \n(A) Redesignation of chapter 309 as chapter 307 \nSubsection (a) of section 1845 of the FY2021 NDAA is amended— (i) by striking chapter 307, as added by the preceding section and inserting chapter 305, as added by section 1844 ; and (ii) by redesignating the chapter added by that section as chapter 307. (B) Transfer of additional sections to redesignated chapter 307 \nSubsection (b) of such section is amended— (i) by striking and 196 and inserting 196, 2353, and 2681 ; and (ii) by striking section 4171, 4172, and 4173 and inserting sections 4171, 4172, 4173, 4174, and 4175. (C) Table of sections \nThe table of sections inserted by subsection (a) of such section is amended by adding at the end the following new items: 4174. Contracts: acquisition, construction, or furnishing of test facilities and equipment. 4175. Use of test and evaluation installations by commercial entities.. (v) Conforming amendments to delete conflicting transfers of certain sections \n(1) Deletion of transfer of section 2302e to chapter 243 \nSection 1818 of the FY2021 NDAA is amended— (A) by striking subsection (c); and (B) by striking the last item in the table of sections inserted by subsection (a). (2) Deletion of transfer of section 2362 to chapter 287 \nSection 1838 of the FY2021 NDAA is amended— (A) in subsection (b), by striking 2362, and 3904, ; and (B) by striking the item relating to section 3904 in the table of sections inserted by subsection (a) and inserting the following new item: 3904. Reserved.. (w) Amendments to tables of sections not in part v \nTitle 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 81 is amended by striking the item relating to section 1599h. (2) The table of sections at the beginning of chapter 111 is amended by striking the item relating to section 2192a. (3) The table of sections at the beginning of chapter 159 is amended by striking the item relating to section 2681.", "id": "H1D63EFCF135C405FBCB8E41E70A10669", "header": "Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA" }, { "text": "3003. Reserved", "id": "H56E7BA73AB194C5F92090CDE66E0D905", "header": "Reserved" }, { "text": "3005. Reserved", "id": "H0E10EC2C47394A91B0277208432D2FC3", "header": "Reserved" }, { "text": "3171. Reserved", "id": "H9FFC97A13FC54AA58D98085EC308C2DD", "header": "Reserved" }, { "text": "3172. Reserved", "id": "HDEA021A65F3D46CD843995B861B8675C", "header": "Reserved" }, { "text": "3324. Reserved", "id": "HC475F92DB4804853A3373A4567145146", "header": "Reserved" }, { "text": "3721. Reserved", "id": "HA3FDFA714E764D7299D60DCC33B50BA8", "header": "Reserved" }, { "text": "3722. Reserved", "id": "H7D4E0903FE734FE0938E4B1A95F69DCA", "header": "Reserved" }, { "text": "3723. Reserved", "id": "HA2A208137CBA4278B5BC32E309644F89", "header": "Reserved" }, { "text": "3724. Reserved", "id": "HA0D3621E64DF49A0BCE543C44201F75D", "header": "Reserved" }, { "text": "3843. Reserved", "id": "HE53D23FF75D542218C619EE82EBABF4A", "header": "Reserved" }, { "text": "3844. Reserved", "id": "HDBC0B30AB2174A7893D0F9395FAE4198", "header": "Reserved" }, { "text": "3846. Reserved", "id": "H748F884D0DC8425C99480BA47CE4EF38", "header": "Reserved" }, { "text": "1837. Reservation of chapter 283 \nPart V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended by striking chapter 283 and inserting the following: 283 Reserved \n.", "id": "H409E6B59AE3E4345A7597F707D02BFC4", "header": "Reservation of chapter 283" }, { "text": "3501. Multiyear contracts: acquisition of property", "id": "H8B249B6180BE450FAFC319FE2461D58D", "header": "Multiyear contracts: acquisition of property" }, { "text": "3531. Multiyear contracts: acquisition of services", "id": "H50B67A26049645449D84CBA6D1E98053", "header": "Multiyear contracts: acquisition of services" }, { "text": "4951. Definitions", "id": "HD168D6FB4B8B4801B47654F522C490C9", "header": "Definitions" }, { "text": "4952. Purposes", "id": "HE9D381A1895D48C0B6CCC98F6261F67A", "header": "Purposes" }, { "text": "4953. Regulations", "id": "H260FA423D7D943DA8BC46ADE902AC1F0", "header": "Regulations" }, { "text": "3808. Certain Navy contracts", "id": "HBB87568141A34021894ACF1145226F4F", "header": "Certain Navy contracts" }, { "text": "1849. Selected Acquisition Reports", "id": "HCB70CE3FA8E24033842AEBB43FA3BBD1", "header": "Selected Acquisition Reports" }, { "text": "1878A. Transfer of title 10 section relating to joint reserve detachment of Defense Innovation Unit \n(a) Transfer \nSection 2358b of title 10, United States Code, is transferred to subchapter V of chapter 87 of such title, inserted after section 1765, and redesignated as section 1766. (b) Clerical amendment \nThe table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 1766. Joint reserve detachment of the Defense Innovation Unit.", "id": "H33D90AFA0D6F49758936D8000C461DF1", "header": "Transfer of title 10 section relating to joint reserve detachment of Defense Innovation Unit" }, { "text": "1843. Personnel; research and development centers and facilities \n(a) Transfer of title 10 sections to subchapter ii \nSections 2358a, 1599h, and 2192a of title 10, United States Code, are transferred to subchapter II of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4091, 4092, and 4093, respectively. (b) Transfer of title 10 sections to subchapter iii \n(1) In general \nSections 2363, 2368, and 2367 of title 10, United States Code, are transferred to subchapter III of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4123, 4124, and 4126, respectively. (2) Transfer of section 2364(b) and (c) \n(A) Heading \nSuch subchapter III is further amended by inserting after section 4124, as transferred and redesignated by paragraph (1), the following: 4125. Functions of Defense research facilities \n. (B) Text \nSubsections (b) and (c) of section 2364 of such title are transferred to such subchapter, inserted after the section heading for section 4125, as added by subparagraph (A), and redesignated as subsections (a) and (b), respectively.", "id": "HBEDC2B163D734819877A069FCDEA4B5D", "header": "Personnel; research and development centers and facilities" }, { "text": "4125. Functions of Defense research facilities", "id": "HD6DA1E2C532B442FB136709359AD942B", "header": "Functions of Defense research facilities" }, { "text": "1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes \n(a) Amendments to title 10, united states code \nTitle 10, United States Code, is amended as follows: (1) Section 171a(i)(3) is amended by striking 2366a(d) and inserting 4251(d). (2) Section 181(b)(6) is amended by striking sections 2366a(b), 2366b(a)(4), and inserting sections 4251(b), 4252(a)(4),. (3) Section 1734(c)(2) is amended by striking section 2435(a) and inserting section 4214(a). (b) Amendments to laws classified as notes in title 10, united states code \n(1) Section 801(1) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2302 note) is amended by striking section 2545 and inserting section 3001. (2) Section 323(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 2463 note) is amended by striking section 235, 2330a, or 2463 and inserting section 2463, 3137, or 4505. (3) Section 8065 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 10 U.S.C. 2540 note), is amended— (A) by striking subchapter VI of chapter 148 both places it appears and inserting subchapter I of chapter 389 ; and (B) by striking section 2540c(d) and inserting section 4974(d). (c) Amendments to laws classified in title 6, united states code (homeland security) \n(1) Section 831(a)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 391(a) ) is amended by striking section 2371 and inserting section 4021. (2) Section 853(b) of such Act ( 6 U.S.C. 423(b) ) is amended by striking paragraphs (1), (2), and (3) and inserting the following: (1) Section 134 of title 41, United States Code. (2) Section 153 of title 41, United States Code. (3) Section 3015 of title 10, United States Code.. (3) Section 855 of such Act ( 6 U.S.C. 425 ) is amended— (A) in subsection (a)(2), by striking subparagraphs (A), (B), and (C) and inserting the following: (A) Sections 1901 and 1906 of title 41, United States Code. (B) Section 3205 of title 10, United States Code. (C) Section 3305 of title 41, United States Code. ; and (B) in subsection (b)(1), by striking provided in and all that follows through shall not and inserting provided in section 1901(a)(2) of title 41, United States Code, section 3205(a)(2) of title 10, United States Code, and section 3305(a)(2) of title 41, United States Code, shall not. (4) Section 856(a) of such Act ( 6 U.S.C. 426(a) ) is amended by striking paragraphs (1), (2), and (3) and inserting the following: (1) Federal Property and Administrative Services Act of 1949 \nIn division C of subtitle I of title 41, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). (B) Section 4106 of such title, relating to orders under task and delivery order contracts. (2) Title 10, United States Code \nIn part V of subtitle A of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). (B) Section 3406, relating to orders under task and delivery order contracts. (3) Office of Federal Procurement Policy Act \nParagraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.. (5) Section 604(f) of the American Recovery and Reinvestment Act of 2009 ( 6 U.S.C. 453b(f) ) is amended by striking section 2304(g) and inserting section 3205. (d) Amendments to title 14, united states code (coast guard) \nTitle 14, United States Code, is amended as follows: (1) Section 308(c)(10)(B)(ii) is amended by striking section 2547(c)(1) and inserting section 3104(c)(1). (2) Section 1137(b)(4) is amended by striking section 2306b and inserting section 3501. (3) Section 1906(b)(2) is amended by striking chapter 137 and inserting sections 3201 through 3205. (e) Amendments to laws classified in title 15, united states code (commerce) \n(1) Section 14(a) of the Metric Conversion Act of 1975 ( 15 U.S.C. 205l(a) ) is amended— (A) in the first sentence, by striking set forth in chapter 137 and all that follows through et seq.), and inserting set forth in the provisions of title 10, United States Code, referred to in section 3016 of such title as chapter 137 legacy provisions , section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code, ; (B) in the second sentence, by striking under section 2377(c) and all that follows through the period and inserting under section 3453(c) of title 10, United States Code, and section 3307(d) of title 41, United States Code. ; and (C) in the third sentence, by striking section 2377 and all that follows through shall take and inserting section 3453 of title 10, United Sates Code, or section 3307(b) to (d) of title 41, United States Code, then the provisions of such sections 3453 or 3307(b) to (d) shall take. (2) Section 8 of the Small Business Act ( 15 U.S.C. 637 ) is amended— (A) in subsection (g)(2), by striking section 2304(c) and inserting section 3204(a) ; and (B) in subsection (h)— (i) in paragraph (1)(B), by striking chapter 137 and inserting sections 3201 through 3205 ; and (ii) in paragraph (2), by striking section 2304(f)(2) and section 2304(f)(1) , and inserting paragraphs (3) and (4) of section 3204(e) and section 3204(e)(1) , respectively. (3) Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended in subsection (r)(4)(A) by striking section 2304 and inserting sections 3201 through 3205. (4) Section 884(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 15 U.S.C. 638 note) is amended by striking section 2500 and inserting section 4801. (5) Section 15 of the Small Business Act ( 15 U.S.C. 644 ) is amended— (A) in subsection (k)— (i) in paragraph (17)(B), by striking section 2318 and inserting section 3249 ; (ii) in paragraph (17)(C), by striking chapter 142 and inserting chapter 388 ; and (iii) in paragraph (18), by striking section 2784 and inserting section 4754 ; (B) in subsection (r)(2), by striking section 2304c(b) and inserting section 3406(c) ; and (C) in subsections (u) and (v), by striking chapter 142 and inserting chapter 388. (6) Section 16 of the Small Business Act ( 15 U.S.C. 645 ) is amended in subsection (d)(3) by striking chapter 142 and inserting chapter 388. (7) Section 272 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 ( Public Law 100–180 ; 15 U.S.C. 4602 ) is amended in subsection (c) by striking section 2306a and inserting chapter 271. (f) Amendments to titles 32, united states code (national guard) and 37, united states code (pay and allowances) \n(1) Section 113 of title 32, United States Code, is amended in subsection (b)(1)(B) by striking section 2304(c) and inserting section 3204(a). (2) Section 418 of title 37, United States Code, is amended in subsection (d)(2)(A)— (A) by striking section 2533a and inserting section 4862 ; and (B) by striking chapter 137 of title 10 and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10). (g) Amendments to title 40, united states code (public buildings) \nTitle 40, United States Code, is amended as follows: (1) Section 113(e) is amended— (A) in paragraph (3)— (i) by striking chapter 137 and inserting section 3063 ; and (ii) by striking that chapter; and inserting the provisions of that title referred to in section 3016 of such title as chapter 137 legacy provisions ; ; and (B) in paragraph (5), by striking section 2535 and inserting section 4881. (2) Section 581(f)(1)(A) is amended by striking section 2535 and inserting section 4881. (h) Amendments to title 41, united states code (public contracts) \nTitle 41, United States Code, is amended as follows: (1) Section 1127(b) is amended by striking section 2324(e)(1)(P) and inserting section 3744(a)(16). (2) Section 1303(a)(1) is amended by striking chapters 4 and 137 of title 10 and inserting chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10). (3) Section 1502(b)(1)(B) is amended by striking section 2306a(a)(1)(A)(i) and inserting section 3702(a)(1)(A). (4) Section 1708(b)(2)(A) is amended by striking section 2304(c) and inserting section 3204(a). (5) Section 1712(b)(2)(B) is amended by striking section 2304(c) and inserting section 3204(a). (6) Section 1901(e)(2) is amended by striking section 2304(f) and inserting section 3204(e). (7) Section 1903 is amended— (A) in subsection (b)(3), by striking section 2304(g)(1)(B) and inserting section 3205(a)(2) ; and (B) in subsection (c)(2)(B), by striking section 2306a and inserting chapter 271. (8) Section 1907(a)(3)(B)(ii) is amended by striking section 2305(e) and (f) and inserting section 3308. (9) Section 1909(e) is amended by striking section 2784 and inserting section 4754. (10) Section 2101(2)(A) is amended by striking section 2306a(h) and inserting section 3701. (11) Section 2311 is amended by striking section 2371 and inserting section 4021. (12) Section 3302 is amended— (A) in subsection (a)(3)— (i) in subparagraph (A), by striking section 2302(2)(C) and inserting section 3012(3) ; and (ii) in subparagraph (B), by striking sections 2304a to 2304d of title 10, and inserting chapter 245 of title 10 ; (B) in subsection (c)(1)(A)(i), by striking section 2304c(b) and inserting section 3406(c) ; and (C) in subsection (d)(1)(B), by striking section 2304(f)(1) and inserting section 3204(e)(1). (13) Section 3307(e)(1) is amended by striking chapter 140 and inserting chapter 247. (14) Section 4104 is amended— (A) in subsection (a), by striking sections 2304a to 2304d and inserting chapter 245 ; and (B) in subsection (b)— (i) in paragraph (1), by striking sections 2304a to 2304d and inserting chapter 245 ; (ii) in paragraph (2)(B), by striking section 2304c(b) and inserting section 3406(c) ; and (iii) in paragraph (2)(C), by striking section 2304c(c) and inserting section 3406(e). (i) Amendments to laws classified as notes in title 41, united states code \n(1) Section 555 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 41 U.S.C. preceding 3101 note) is amended by striking section 2305 in subsections (a)(4) and (c)(1) and inserting sections 3206 through 3208 and sections 3301 through 3309. (2) Section 846(f)(5) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 41 U.S.C. 1901 note) is amended by striking section 2304 and inserting sections 3201 through 3205. (3) Section 811 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 41 U.S.C. 3304 note) is amended— (A) in subsection (a)(3), by striking sections 2304(f)(1)(C) and 2304(l) and inserting sections 3204(e)(1)(C) and 3204(f) ; and (B) in subsection (c)— (i) in paragraph (1)(A), by striking section 2304(f)(2)(D)(ii) and inserting section 3204(e)(4)(D)(ii) ; (ii) in paragraph (2)(A), by striking section 2302(1) and inserting section 3004 ; and (iii) in paragraph (3)(A), by striking section 2304(f)(1)(B) and inserting section 3204(e)(1)(B). (j) Amendments to laws classified in title 42, united states code \n(1) The Public Health Service Act ( Public Law 78–410 ) is amended— (A) in section 301(a)(7) ( 42 U.S.C. 241(a)(7) ), by striking sections 2353 and 2354 and inserting sections 3861 and 4141 ; and (B) in section 405(b)(1) ( 42 U.S.C. 284(b)(1) ), by striking section 2354 and inserting section 3861. (2) Section 403(a) of the Housing Amendments of 1955 ( 42 U.S.C. 1594(a) ) is amended by striking section 3 of the Armed Services Procurement Act of 1947 and inserting chapters 221 and 241 of title 10, United States Code. (3) Title II of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1986 ( Public Law 99–160 ), is amended by striking section 2354 in the last proviso in the paragraph under the heading National Science Foundation—Research and Related Activities ( 42 U.S.C. 1887 ) and inserting section 3861. (4) Section 306(b)(2) of the Disaster Mitigation Act of 2000 ( 42 U.S.C. 5206(b)(2) ) is amended by striking section 2393(c) and inserting section 4654(c). (5) Section 801(c)(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 ) is amended by striking section 2304c(d) and all that follows and inserting section 3406(d) of title 10, United States Code, and section 4106(d) of title 41, United States Code.. (6) Section 3021(a) of the Energy Policy Act of 1992 ( 42 U.S.C. 13556 ) is amended by striking chapter 137 of title 10 and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code). (k) Amendments to laws classified in title 50, united states code \n(1) Section 141(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 50 U.S.C. 1521a(a) ) is amended by striking section 2430 and inserting section 4201. (2) Section 502(a) of the National Emergencies Act ( 50 U.S.C. 1651(a) ) is amended by striking paragraphs (1) through (5) and inserting the following: (1) Chapters 1 to 11 of title 40, United States Code, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code. (2) Section 3727(a)–(e)(1) of title 31, United States Code. (3) Section 6305 of title 41, United States Code. (4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq. ). (5) Section 3201(a) of title 10, United States Code.. (3) The Atomic Energy Defense Act is amended as follows: (A) Sections 4217 and 4311 ( 50 U.S.C. 2537 , 2577) are each amended in subsection (a)(2) by striking section 2432 and inserting section 4351. (B) Section 4813 ( 50 U.S.C. 2794 ) is amended by striking section 2500 in subsection (c)(1)(C) and inserting section 4801. (4) Section 107 of the Defense Production Act ( 50 U.S.C. 4517 ) is amended in subsection (b)(2)(B) by striking clauses (i) and (ii) and inserting the following: (i) section 3203(a)(1)(B) or 3204(a)(3) of title 10, United States Code; (ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41, United States Code; or. (l) Other amendments \n(1) Section 1473H of the National Agriculture Advanced Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319k ) is amended by striking section 2371 in subsections (b)(6)(A) and (d)(1)(B) and inserting section 4021. (2) Section 1301 of title 17, United States Code, is amended in subsection (a)(3) by striking section 2320 and inserting subchapter I of chapter 275. (3) Section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ) is amended by striking chapter 137 in subsection (l)(4) and subsection (m)(4) and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code). (4) Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 ( Public Law 101–533 ; 22 U.S.C. 3142 ) is amended in subsection (c)(2) by striking section 2505 and inserting section 4816. (5) Section 3553 of title 31, United States Code, is amended in subsection (d)(4)(B) by striking section 2305(b)(5)(B)(vii) and inserting section 3304(c)(1)(G). (6) Section 226 of the Water Resources Development Act of 1992 ( 33 U.S.C. 569f ) is amended by striking section 2393(c) and inserting section 4654(c). (7) Section 40728B(e) of title 36, United States Code, is amended— (A) striking subsection (k) of section 2304 and inserting section 3201(e) ; and (B) by striking subsection (c) of such section and inserting section 3204(a). (8) Section 1427(b) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 40 U.S.C. 1103 note) is amended by striking sections 2304a and 2304b and inserting sections 3403 and 3405. (9) Section 895(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 40 U.S.C. 11103 note) is amended by striking section 2366a(d)(7) and inserting section 4251(d)(5). (10) Sections 50113(c), 50115(b), and 50132(a) of title 51, United States Code, are amended by striking including chapters 137 and 140 and inserting including applicable provisions of chapters 201 through 285, 341 through 343, and 363. (11) Section 823(c)(3)(C) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 ( Public Law 115–10 ; 51 U.S.C. preceding 30301 note) is amended by striking section 2319 and inserting section 3243.", "id": "HE4096A8BE3954F2AA4A6EC41FB7CC984", "header": "Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes" }, { "text": "2001. Short title \nThis division and title XLVI of division D may be cited as the Military Construction Authorization Act for Fiscal Year 2022.", "id": "H2637013275B9439DB3DBEB887F491ED3", "header": "Short title" }, { "text": "2002. Expiration of authorizations and amounts required to be specified by law \n(a) Expiration of authorizations after three years \nExcept as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2024; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025. (b) Exception \nSubsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2024; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.", "id": "HFDD71B5C4099482DAFA77D9520E5E964", "header": "Expiration of authorizations and amounts required to be specified by law" }, { "text": "2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries \n(a) Effective date \nTitles XXI through XXVII shall take effect on the later of— (1) October 1, 2021; or (2) the date of the enactment of this Act. (b) Elimination of need for certain separate conforming amendments \n(1) Automatic execution of conforming changes \nWhen an amendment made by a provision of this division to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment. (2) Exceptions \nParagraph (1) shall not apply to an amendment described in such paragraph when— (A) the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or (B) the amendment otherwise expressly exempts itself from the operation of this section. (3) Covered defense law \nIn this subsection, the term covered defense law means— (A) titles 10, 32, and 37 of the United States Code; (B) any national defense authorization Act or military construction authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and (C) any other law designated in the text thereof as a covered defense law for purposes of application of this section.", "id": "H07D7B00C681C4B0CA64BB4AFFA980737", "header": "Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries" }, { "text": "2101. Authorized Army construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation or Location Amount Alabama Anniston Army Depot $25,000,000 Fort Rucker $66,000,000 Redstone Arsenal $55,000,000 California Fort Irwin $52,000,000 Georgia Fort Stewart $105,000,000 Hawaii West Loch Naval Magazine Annex $51,000,000 Wheeler Army Airfield $140,000,000 Kansas Fort Leavenworth $34,000,000 Kentucky Fort Knox $27,000,000 Louisiana Fort Polk $111,000,000 Maryland Fort Detrick $23,981,000 Fort Meade $81,000,000 New Mexico White Sands Missile Range $29,000,000 New York Fort Hamilton $26,000,000 Watervliet Arsenal $20,000,000 Pennsylvania Letterkenny Army Depot $21,000,000 Texas Fort Hood $130,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States State Installation Amount Belgium Shape Headquarters $16,000,000 Germany East Camp Grafenwoehr $103,000,000 Smith Barracks $33,500,000 Classified Location Classified Location $31,000,000", "id": "HF502FC6C987F4CD9BE2C1E1B972AD84E", "header": "Authorized Army construction and land acquisition projects" }, { "text": "2102. Family housing \n(a) Construction and acquisition \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in the number of units or for the purpose, and in the amount set forth in the following table: Army: Family Housing Country Installation or Location Units or Purpose Amount Italy Vicenza Family Housing New Construction $92,304,000 (b) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $22,545,000.", "id": "H625CB4BCABD24003AC2472FE64F635A2", "header": "Family housing" }, { "text": "2103. Authorization of appropriations, Army \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "H2751E2EB909F4A33B49F0A88AE97D8FC", "header": "Authorization of appropriations, Army" }, { "text": "2104. Extension of authority to carry out certain fiscal year 2017 project \n(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (130 Stat. 2689), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table \nThe table referred to in subsection (a) is as follows: Army: Extension of 2017 Project Authorization Country Installation Project Original Authorized Amount Germany Wiesbaden Army Airfield Hazardous Material Storage Building $2,700,000", "id": "HC36466CACA37465CBA51A60284199995", "header": "Extension of authority to carry out certain fiscal year 2017 project" }, { "text": "2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas \n(a) Project authorization \nThe Secretary of the Army may carry out a military construction project to construct a defense access road at Fort Bliss, Texas, in the amount of $20,000,000. (b) Use of amounts \nThe Secretary of the Army may use funds appropriated under section 131 of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (title I of division J of Public Law 115–141 ; 132 Stat. 805) for the Defense Access Road Program to carry out subsection (a).", "id": "H4C3CE39F56244404B0B486940CEEBB9D", "header": "Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas" }, { "text": "2106. Modification of authority to carry out certain fiscal year 2021 project \n(a) Modification of project authority \nIn the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) for Fort Wainwright, Alaska, for construction of Unaccompanied Enlisted Personnel Housing, as specified in the funding table in section 4601 of such Public Law, the Secretary of the Army may construct— (1) an Unaccompanied Enlisted Personnel Housing building of 104,300 square feet to incorporate a modified standard design; and (2) an outdoor recreational shelter, sports fields and courts, barbecue and leisure area, and fitness stations associated with the Unaccompanied Enlisted Personnel Housing. (b) Modification of project amounts \n(1) Division B table \nThe authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) is amended in the item relating to Fort Wainwright, Alaska, by striking $114,000,000 and inserting $146,000,000 to reflect the project modification made by subsection (a). (2) Division D table \nThe funding table in section 4601 of Public Law 116–283 is amended in the item relating to Fort Wainwright Unaccompanied Enlisted Personnel Housing by striking $59,000 in the Conference Authorized column and inserting $91,000 to reflect the project modification made by subsection (a).", "id": "H7999AA03ACFC4B59A032F37D3B7E5D1E", "header": "Modification of authority to carry out certain fiscal year 2021 project" }, { "text": "2107. Additional authorized funding source for certain fiscal year 2022 project \nTo carry out an unspecified minor military construction project in the amount of $3,600,000 at Aberdeen Proving Ground, Maryland, to construct a 6,000 square foot recycling center to meet the requirements of a qualified recycling program at the installation, the Secretary of the Army may use funds available to the Secretary under section 2667(e)(1)(C) of title 10, United States Code, in addition to funds appropriated for unspecified minor military construction for the project.", "id": "H1DBDE29615944964B60A786F0116A037", "header": "Additional authorized funding source for certain fiscal year 2022 project" }, { "text": "2201. Authorized Navy construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation or Location Amount Arizona Marine Corps Air Station Yuma $29,300,000 California Marine Corps Air Station Miramar $240,900,000 Marine Corps Base Camp Pendleton $106,100,000 Marine Corps Reserve Depot San Diego $93,700,000 Naval Base Coronado $63,600,000 Naval Base Ventura County $197,500,000 San Nicolas Island $19,907,000 Florida Marine Corps Support Facility Blount Island $69,400,000 Naval Undersea Warfare Center Panama City Division $37,980,000 Guam Andersen Air Force Base $50,890,000 Joint Region Marianas $507,527,000 Hawaii Marine Corps Base Kaneohe $165,700,000 Marine Corps Training Area Bellows $6,220,000 North Carolina Marine Corps Air Station Cherry Point $321,417,000 Pennsylvania Naval Surface Warfare Center Philadelphia Division $77,290,000 South Carolina Marine Corps Reserve Depot Parris Island $6,000,000 Marine Corps Air Station Beaufort $130,300,000 Virginia Marine Corps Base Quantico $42,850,000 Naval Station Norfolk $344,793,000 Naval Weapons Station Yorktown $93,500,000 Portsmouth Naval Shipyard $156,380,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation or Location Amount Japan Fleet Activities Yokosuka $49,900,000 Spain Naval Station Rota $85,600,000", "id": "H1A7CE5ECF3B947BB971E171516F86C25", "header": "Authorized Navy construction and land acquisition projects" }, { "text": "2202. Family housing \n(a) Construction and acquisition \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units or for the purposes, and in the amounts set forth in the following table: Navy: Family Housing Location Installation Units or Purpose Amount District of Columbia Marine Barracks Washington Family housing improvements $10,415,000 Japan Fleet Activities Yokosuka Family housing improvements $61,469,000 (b) Improvements to military family housing units \nSubject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $71,884,000. (c) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,634,000.", "id": "H2FF94323DA2344B9A8E7827A5DA6D964", "header": "Family housing" }, { "text": "2203. Authorization of appropriations, Navy \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "H1616997D7BFA47A48E1155ABF57D64A6", "header": "Authorization of appropriations, Navy" }, { "text": "2301. Authorized Air Force construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation or Location Amount Alaska Eielson Air Force Base $44,850,00 Joint Base Elmendorf-Richardson $251,000,000 Arizona Davis-Monthan Air Force Base $13,400,000 Luke Air Force Base $49,000,000 California Vandenberg Space Force Base $67,000,000 Colorado Schriever Space Force Base $30,000,000 United States Air Force Academy $4,360,000 District of Columbia Joint Base Anacostia-Bolling $24,000,000 Florida Eglin Air Force Base $14,000,000 Guam Joint Region Marianas $85,000,000 Louisiana Barksdale Air Force Base $272,000,000 Maryland Joint Base Andrews $26,000,000 Massachusetts Hanscom Air Force Base $66,000,000 Nevada Creech Air Force Base $14,200,000 Ohio Wright-Patterson Air Force Base $24,000,000 Oklahoma Tinker Air Force Base $160,000,000 South Carolina Joint Base Charleston $59,000,000 South Dakota Ellsworth Air Force Base $242,000,000 Tennessee Arnold Air Force Base $14,600,000 Texas Joint Base San Antonio $141,000,000 Joint Base San Antonio-Fort Sam Houston $29,000,000 Joint Base San Antonio-Lackland $29,000,000 Sheppard Air Force Base $20,000,000 Virginia Joint Base Langley-Eustis $24,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation or Location Amount Australia Royal Australian Air Force Base Darwin $7,400,000 Royal Australian Air Force Base Tindal $14,400,000 Italy Aviano Air Force Base $10,200,000 Japan Kadena Air Base $206,000,000 Misawa Air Base $25,000,000 Yokota Air Base $39,000,000 United Kingdom Royal Air Force Lakenheath $108,500,000", "id": "H59D92755C06E40C7A5291759A3CBAD24", "header": "Authorized Air Force construction and land acquisition projects" }, { "text": "2302. Family housing \n(a) Improvements to military family housing units \nSubject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $105,528,000. (b) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $10,458,000.", "id": "H3E07CCEA5C38408FA6D2732FD4E93E87", "header": "Family housing" }, { "text": "2303. Authorization of appropriations, Air Force \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "HDF7AFB37E6DD426E9907D7B1CE7D6824", "header": "Authorization of appropriations, Air Force" }, { "text": "2304. Extension of authority to carry out certain fiscal year 2017 projects \n(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2902 of that Act (130 Stat. 2696, 2743), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table \nThe table referred to in subsection (a) is as follows: Air Force: Extension of 2017 Project Authorizations State or Country Installation or Location Project Original Authorized Amount Germany Ramstein Air Base 37 AS Squadron Operations/Aircraft Maintenance Unit $13,437,000 Spangdahlem Air Base F/A-22 Low Observable/Composite Repair Facility $12,000,000 Spangdahlem Air Base Upgrade Hardened Aircraft Shelters for F/A-22 $2,700,000 Guam Joint Region Marianas APR - Munitions Storage Igloos, Phase 2 $35,300,000 Joint Region Marianas APR - SATCOM C4I Facility $14,200,000 Japan Kadena Air Base APR - Replace Munitions Structures $19,815,000 Yokota Air Base C-130J Corrosion Control Hangar $23,777,000 Yokota Air Base Construct Combat Arms Training and Maintenance Facility $8,243,000 Massachusetts Hanscom Air Force Base Vandenberg Gate Complex $10,965,000 United Kingdom Royal Air Force Croughton Main Gate Complex $16,500,000", "id": "H9BC0066C244B48E780CF9FF010E29921", "header": "Extension of authority to carry out certain fiscal year 2017 projects" }, { "text": "2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida \n(a) Fiscal year 2018 project \nIn the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1825) for Tyndall Air Force Base, Florida, for construction of a Fire Station, as specified in the funding table in section 4601 of that Public Law (131 Stat. 2002), the Secretary of the Air Force may construct a crash rescue/structural fire station encompassing up to 3,588 square meters. (b) Fiscal year 2020 projects \nIn the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 133 Stat. 1913) for Tyndall Air Force Base, Florida— (1) for construction of Site Development, Utilities, and Demo Phase 1, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 3,698 lineal meters of waste water utilities; (B) up to 6,306 lineal meters of storm water utilities; and (C) two emergency power backup generators; (2) for construction of Munitions Storage Facilities, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 4,393 square meters of aircraft support equipment storage yard; (B) up to 1,535 square meters of tactical missile maintenance facility; and (C) up to 560 square meters of missile warhead assembly and maintenance shop and storage; (3) for construction of 53 WEG Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 1,693 square meters of aircraft maintenance shop; (B) up to 1,458 square meters of fuel systems maintenance dock; and (C) up to 3,471 square meters of group headquarters; (4) for construction of 53 WEG Subscale Drone Facility, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 511 square meters of pilotless aircraft shop in a separate facility; (5) for construction of CE/Contracting/USACE Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 557 square meters of base engineer storage shed 6000 area; and (B) up to 183 square meters of non-Air Force administrative office; (6) for construction of Logistics Readiness Squadron Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 802 square meters of supply administrative headquarters; (B) up to 528 square meters of vehicle wash rack; and (C) up to 528 square meters of vehicle service rack; (7) for construction of Fire Station Silver Flag #4, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 651 square meters of fire station; (8) for construction of AFCEC RDT&E, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 501 square meters of CE Mat Test Runway Support Building; (B) up to 1,214 square meters of Robotics Range Control Support Building; and (C) up to 953 square meters of fire garage; (9) for construction of Flightline–Munitions Storage, 7000 Area, as specified in the funding table in section 4603 of Public Law 116–92 ; 133 Stat. 2103), the Secretary of the Air Force may construct— (A) up to 1,861 square meters of above ground magazines; and (B) up to 530 square meters of air support equipment shop/storage facility pad; (10) for construction of Site Development, Utilities and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 5,233 lineal meters of storm water utilities; (B) up to 48,560 square meters of roads; (C) up to 3,612 lineal meters of gas pipeline; and (D) up to 993 square meters of water fire pumping station with an emergency backup generator; (11) for construction of Tyndall AFB Gate Complexes, as specified in such funding table and modified by section 2306(a)(9) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 52,694 square meters of roadway with serpentines; and (B) up to 20 active/passive barriers; (12) for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table and modified by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct up to 144 square meters of AAFES shoppette; (13) for construction of Airfield Drainage, as specified in such funding table and modified by section 2306(a)(12) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 37,357 meters of drainage ditch; (B) up to 18,891 meters of storm drain piping; (C) up to 19,131 meters of box culvert; (D) up to 3,704 meters of concrete block swale; (E) up to 555 storm drain structures; and (F) up to 81,500 square meters of storm drain ponds; and (14) for construction of 325th Fighting Wing HQ Facility, as specified in such funding table and modified by section 2306(a)(13) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct up to 769 square meters of separate administrative space for SAPR/SARC.", "id": "HEC7E803625DB4E9A9E1913DEBD8A91D3", "header": "Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida" }, { "text": "2401. Authorized Defense Agencies construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $153,000,000 California Marine Corps Base Camp Pendleton $13,600,000 Silver Strand Training Complex $33,700,000 Colorado Buckley Air Force Base $20,000,000 Georgia Fort Benning $62,000,000 Hawaii Joint Base Pearl Harbor-Hickam $29,800,000 Maryland Fort Meade $1,201,000,000 New Mexico Kirtland Air Force Base $8,600,000 Virginia Fort Belvoir $29,800,000 Humphries Engineer Center and Support Activity $36,000,000 Pentagon $50,543,000 Washington Oak Harbor $59,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation or Location Amount Germany Ramstein Air Base $93,000,000 Japan Kadena Air Base $24,000,000 Misawa Air Base $6,000,000 United Kingdom Royal Air Force Lakenheath $19,283,000", "id": "H7CCF13AC3A5A42419B6412FEF5C14227", "header": "Authorized Defense Agencies construction and land acquisition projects" }, { "text": "2402. Authorized Energy Resilience and Conservation Investment Program projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Inside the United States State Installation or Location Amount Alabama Fort Rucker $24,000,000 California Marine Corps Air Station Miramar $4,054,000 Naval Air Weapons Station China Lake-Ridgecrest $9,120,000 District of Columbia Joint Base Anacostia-Bolling $31,261,000 Florida MacDill Air Force Base $22,000,000 Georgia Fort Benning $17,593,000 Fort Stewart $22,000,000 Naval Submarine Base Kings Bay $19,314,000 Guam Polaris Point Submarine Base $38,300,000 Idaho Mountain Home Air Force Base $33,800,000 Michigan Camp Grayling $5,700,000 Mississippi Camp Shelby $45,655,000 New York Fort Drum $27,000,000 North Carolina Fort Bragg $27,169,000 North Dakota Cavalier Air Force Station $24,150,000 Ohio Springfield-Beckley Municipal Airport $4,700,000 Puerto Rico Aguadilla $10,120,000 Fort Allen $12,190,000 Tennessee Memphis International Airport $4,780,000 Virginia Fort Belvoir $365,000 National Geospatial-Intelligence Agency Campus East $5,299,000 Pentagon, Mark Center, and Raven Rock Mountain Complex $2,600,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Outside the United States Country Installation or Location Amount Japan Naval Air Facility Atsugi $3,810,000 Kuwait Camp Arifjan $15,000,000", "id": "H9232B13D543C455B946C610FBBA1EE92", "header": "Authorized Energy Resilience and Conservation Investment Program projects" }, { "text": "2403. Authorization of appropriations, Defense Agencies \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "H94D4B079D6404BFFAE8C4EE276598294", "header": "Authorization of appropriations, Defense Agencies" }, { "text": "2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects \n(a) Extension of fiscal year 2017 authorization \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in paragraph (2), as provided in section 2401 of that Act (130 Stat. 2700), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Defense Agencies: Extension of 2017 Project Authorization Country Installation Project Original Authorized Amount Japan Yokota Air Base Hanger/AMU $39,466,000 (b) Modification of fiscal year 2019 authorization \nIn the case of the authorization contained in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 133 Stat. 2250) for Kinnick High School in Yokosuka, Japan, as specified in the funding table in section 4601 of such Public Law (133 Stat. 2407), the Secretary of Defense may treat the high school and the field house as a single facility for the purposes of defining the scope of work for the project.", "id": "H05042C14B01E41A68D12CEC41F2A42C9", "header": "Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects" }, { "text": "2501. Authorized NATO construction and land acquisition projects \nThe Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.", "id": "HE0A9B59C00874D05A0934D92D70C07F5", "header": "Authorized NATO construction and land acquisition projects" }, { "text": "2502. Authorization of appropriations, NATO \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.", "id": "HDC69C555CC3C4C16824520DFD1782555", "header": "Authorization of appropriations, NATO" }, { "text": "2511. Republic of Korea funded construction projects \n(a) Authority to accept projects \nPursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table: Republic of Korea Funded Construction Projects Component Installation or Location Project Amount Army Camp Humphreys Unaccompanied Enlisted Personnel Housing $52,000,000 Army Camp Humphreys Type I Aircraft Parking Apron and Parallel Taxiway $48,000,000 Army Camp Humphreys Black Hat Intelligence Fusion Center $149,000,000 Navy Mujuk Expeditionary Dining Facility $10,200,000 Air Force Gimhae Air Base Repair Contingency Hospital $75,000,000 Air Force Osan Air Base Munitions Storage Area Move Delta (Phase 2) $171,000,000 (b) Authorized approach to certain construction project \nSection 2350k of title 10, United States Code, shall apply with respect to the construction of the Black Hat Intelligence Fusion Center at Camp Humphreys, Republic of Korea, as set forth in the table in subsection (a).", "id": "H04DABB729EF44B7A8AC22585FB2E764D", "header": "Republic of Korea funded construction projects" }, { "text": "2512. Republic of Poland funded construction projects \nPursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table: Republic of Poland Funded Construction Projects Component Installation or Location Project Amount Army Poznan Command and Control Facility $30,000,000 Army Poznan Information Systems Facility $7,000,000", "id": "H3FB47FBABFCB40B39C4C0AFE40277107", "header": "Republic of Poland funded construction projects" }, { "text": "2601. Authorized Army National Guard construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: Army National Guard State Installation or Location Amount Alabama Redstone Arsenal $17,000,000 Connecticut Army National Guard Readiness Center Putnam $17,500,000 Georgia Fort Benning $13,200,000 Guam National Guard Readiness Center Barrigada $34,000,000 Idaho Jerome National Guard Armory $15,000,000 Illinois National Guard Armory Bloomington $15,000,000 Kansas Nickell Memorial Armory Topeka $16,732,000 Louisiana Camp Minden $13,800,000 Lake Charles National Guard Readiness Center $18,500,000 Maine Saco National Guard Readiness Center $21,200,000 Michigan Camp Grayling $16,000,000 Mississippi Camp Shelby $15,500,000 Montana Butte Military Entrance Testing Site $16,000,000 Nebraska Mead Army National Guard Readiness Center $11,000,000 North Dakota Dickinson National Guard Armory $15,500,000 South Dakota Sioux Falls National Guard Armory $15,000,000 Vermont Bennington National Guard Armory $16,900,000 Camp Ethan Allen Training Site $4,665,000 Virginia National Guard Armory Troutville $13,000,000", "id": "HB521F2D8CEDD474282361A11AFD2D54D", "header": "Authorized Army National Guard construction and land acquisition projects" }, { "text": "2602. Authorized Army Reserve construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Installation or Location Amount Michigan Army Reserve Center Southfield $12,000,000 Ohio Wright-Patterson Air Force Base $19,000,000 Wisconsin Fort McCoy $70,600,000", "id": "H1D04696A6CF04918B495B51D171D33D2", "header": "Authorized Army Reserve construction and land acquisition projects" }, { "text": "2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation or Location Amount Michigan Naval Operational Support Center Battle Creek $49,090,000 Minnesota Minneapolis Air Reserve Station $14,350,000", "id": "HBC1AE586FA9546158C9F27B7F5A8A2E4", "header": "Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects" }, { "text": "2604. Authorized Air National Guard construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Installation or Location Amount Alabama Montgomery Regional Airport $19,200,000 Sumpter Smith Air National Guard Base $7,500,000 Connecticut Bradley International Airport $17,000,000 Delaware New Castle Air National Guard Base $17,500,000 Idaho Gowen Field $6,500,000 Illinois Abraham Lincoln Capital Airport $10,200,000 Massachusetts Barnes Air National Guard Base $12,200,000 Michigan Alpena County Regional Airport $23,000,000 Selfridge Air National Guard Base $28,000,000 W. K. Kellogg Regional Airport $10,000,000 Mississippi Jackson International Airport $9,300,000 New York Francis S. Gabreski Airport $14,800,000 Schenectady Municipal Airport $10,800,000 Ohio Camp Perry $7,800,000 South Carolina McEntire Joint National Guard Base $18,800,000 South Dakota Joe Foss Field $9,800,000 Texas Kelly Field Annex $9,500,000 Washington Camp Murray Air National Guard Station $27,000,000 Wisconsin Truax Field $44,200,000 Wyoming Cheyenne Municipal Airport $13,400,000", "id": "H85E8B2CC3E234D8CA497891BE9793818", "header": "Authorized Air National Guard construction and land acquisition projects" }, { "text": "2605. Authorized Air Force Reserve construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Installation Amount California Beale Air Force Base $33,000,000 Florida Homestead Air Force Reserve Base $14,000,000 Patrick Air Force Base $18,500,000 Indiana Grissom Air Reserve Base $29,000,000 Minnesota Minneapolis-St. Paul International Airport $14,000,000 New York Niagara Falls Air Reserve Station $10,600,000 Ohio Youngstown Air Reserve Station $8,700,000", "id": "H29A9602B618E42F5BA17C096C94A1618", "header": "Authorized Air Force Reserve construction and land acquisition projects" }, { "text": "2606. Authorization of appropriations, National Guard and Reserve \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.", "id": "H0B7101F5BB3A4D2AB6FFA5FC336E6BC4", "header": "Authorization of appropriations, National Guard and Reserve" }, { "text": "2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2140)), as specified in the funding table in section 4601.", "id": "HEE678737C2CB4FA6926230B1D2A7CDFA", "header": "Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account" }, { "text": "2702. Prohibition on conducting additional base realignment and closure (BRAC) round \nNothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.", "id": "HCFDA6047CC86473384257B6D565B4ED9", "header": "Prohibition on conducting additional base realignment and closure (BRAC) round" }, { "text": "2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado \n(a) Definitions \nIn this section: (1) Covered portion of Pueblo Chemical Depot defined \nThe term covered portion of Pueblo Chemical Depot means the portion of Pueblo Chemical Depot, Colorado, that has not been declared surplus before the date of the enactment of this Act. (2) Local Redevelopment Authority \nThe term Local Redevelopment Authority means the Local Redevelopment Authority for Pueblo Chemical Depot, as recognized by the Office of Local Defense Community Cooperation. (b) Submission of closure and disposal plans \n(1) Plans required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (A) a plan for the closure of the covered portion of Pueblo Chemical Depot upon the completion of the chemical demilitarization mission of the Chemical Agent-Destruction Pilot Plant at Pueblo Chemical Depot; and (B) a plan for the disposal of all remaining land, buildings, facilities, and equipment of the covered portion of Pueblo Chemical Depot. (2) Local Redevelopment Authority role \nIn preparing the disposal plan for the covered portion of Pueblo Chemical Depot required by paragraph (1)(B), the Secretary of the Army shall take into account the future role of the Local Redevelopment Authority. (c) Local Redevelopment Authority Eligibility for Assistance \nThe Secretary of Defense, acting through the Office of Local Defense Community Cooperation, may make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the Local Redevelopment Authority in planning community adjustments and economic diversification required by the closure of Pueblo Chemical Depot and the Chemical Agent-Destruction Pilot Plant if the Secretary determines that the closure is likely to have a direct and significantly adverse consequence on nearby communities. (d) General closure, realignment, and disposal prohibition \n(1) Prohibition; certain recipient excepted \nDuring the period specified in paragraph (2), the Secretary of the Army shall take no action— (A) to close or realign the covered portion of Pueblo Chemical Depot or the Chemical Agent-Destruction Pilot Plant; or (B) to dispose of any surplus land, building, facility, or equipment that comprises any portion of the Chemical Agent-Destruction Pilot Plant other than to the Local Redevelopment Authority. (2) Duration \nThe prohibition imposed by paragraph (1) shall apply until the date on which the Secretary of the Army makes a final closure and disposal decision for the covered portion of Pueblo Chemical Depot following the submission of the closure and disposal plans for the covered portion of Pueblo Chemical Depot required by subsection (b). (e) Prohibition on Demolition or disposal related to Chemical Agent-Destruction Pilot Plant \n(1) Prohibition; certain recipient excepted \nDuring the period specified in paragraph (4), the Secretary of the Army may not— (A) demolish any building, facility, or equipment described in paragraph (2) that comprises any portion of the Chemical Agent-Destruction Pilot Plant; or (B) dispose of any such building, facility, or equipment declared to be surplus other than to the Local Redevelopment Authority. (2) Covered buildings, facilities, and equipment \nThe prohibition imposed by paragraph (1) shall apply to the following: (A) Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit where chemical munitions were present, but where contamination did not occur, which are considered by the Secretary of the Army as clean, safe, and acceptable for reuse by the public, after a risk assessment by the Secretary. (B) Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit that was not contaminated by chemical munitions and that was without the potential to be contaminated, such as office buildings, parts warehouses, or utility infrastructure, which are considered by the Secretary of the Army as suitable for reuse by the public. (3) Exception to prohibition \nThe prohibition imposed by paragraph (1) shall not apply to any building, facility, or equipment otherwise described in paragraph (2) for which the Local Redevelopment Authority provides to the Secretary of the Army a written determination specifying that the building, facility, or equipment is not needed for community adjustment and economic diversification following the closure of the Chemical Agent-Destruction Pilot Plant. (4) Duration of prohibition \nThe prohibition imposed by paragraph (1) shall apply for a period of not less than two years beginning on the date o the enactment of this Act.", "id": "H6373DD9F0A6543FE9C2501BF33610338", "header": "Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado" }, { "text": "2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects \n(a) Inclusion of information on required Internet site \nSection 2851(c)(1) of title 10, United States Code, is amended— (1) by redesignating subparagraph (E) as subparagraph (F); (2) by adding after subparagraph (D) the following new subparagraph (E): (E) Each military department project with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization. ; and (3) in subparagraph (F), as so redesignated, by inserting after construction project the following: , military department Facilities Sustainment, Restoration, and Modernization project,. (b) Application of amendments \nSubparagraph (E) of section 2851(c)(1) of title 10, United States Code, as added by subsection (a)(2), and subparagraph (F) of such section, as amended by subsection (a)(3), shall apply with respect to a military department Facilities Sustainment, Restoration, and Modernization project described in such subparagraphs for which an award of a contract or delivery order for the project is made on or after June 1, 2022.", "id": "HFE12AEAB1D7E447E88796735E5217E43", "header": "Public availability of information on Facilities Sustainment, Restoration, and Modernization projects" }, { "text": "2802. Limitations on authorized cost and scope of work variations \n(a) Process for approving certain exceptions; limitations \nSubsections (c) and (d) of section 2853 of title 10, United States Code, are amended to read as follows: (c) Exceptions to limitation on cost variations and scope of work reductions \n(1) (A) Except as provided in subparagraph (D), the Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost increase in the manner provided in this paragraph. (B) The notification required by subparagraph (A) shall— (i) identify the amount of the cost increase and the reasons for the increase; (ii) certify that the cost increase is sufficient to meet the mission requirement identified in the justification data provided to Congress as part of the request for authorization of the project; and (iii) describe the funds proposed to be used to finance the cost increase. (C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (D) The Secretary concerned may not use the authority provided by subparagraph (A)— (i) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000; and (ii) to approve an increase in the cost authorized for the project that would increase the project cost by more than 50 percent of the total authorized cost of the project. (E) In addition to the notification required by this paragraph, subsection (f) applies whenever a military construction project or military family housing project with a total authorized cost greater than $40,000,000 will have a cost increase of 25 percent or more. Subsection (f) may not be construed to authorize a cost increase in excess of the limitation imposed by subparagraph (D). (2) (A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve a decrease in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost decrease not later than 14 days after the date funds are obligated in connection with the project. (B) The notification required by subparagraph (A) shall be provided in an electronic medium pursuant to section 480 of this title. (3) (A) The Secretary concerned may waive the limitation on a reduction in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve a scope of work reduction for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this paragraph. (B) The notification required by subparagraph (A) shall— (i) describe the reduction in the scope of work and the reasons for the decrease; and (ii) certify that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope. (C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (d) Exceptions to limitation on scope of work increases \n(1) Except as provided in paragraph (4), the Secretary concerned may waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve an increase in the scope of work for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this subsection. (2) The notification required by paragraph (1) shall describe the increase in the scope of work and the reasons for the increase. (3) A waiver and approval by the Secretary concerned under paragraph (1) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such paragraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (4) The Secretary concerned may not use the authority provided by paragraph (1) to waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project and approve an increase in the scope of work for the project that would increase the scope of work by more than 10 percent of the amount specified for the project in the justification data provided to Congress as part of the request for authorization of the project.. (b) Conforming amendment related to calculating limitation on cost variations \nSection 2853(a) of title 10, United States Code, is amended by striking the amount appropriated for such project and inserting the total authorized cost of the project (c) Clerical amendments \nSection 2853 of title 10, United States Code, is further amended— (1) in subsection (a), by inserting Cost variations authorized; limitation.— after the enumerator (a) ; (2) in subsection (b), by inserting Scope of work variations authorized; limitation.— after the enumerator (b) ; (3) in subsection (e), by inserting Additional cost variation exceptions.— after the enumerator (e) ; (4) in subsection (f), by inserting Additional reporting requirement for certain cost increases.— after the enumerator (f) ; and (5) in subsection (g), by inserting Relation to other law.— after the enumerator (g).", "id": "H4CA09DEF6ABC4FE585EA02092EBBAA28", "header": "Limitations on authorized cost and scope of work variations" }, { "text": "2803. Department of Defense stormwater management projects for military installations and defense access roads \nChapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section: 2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation \n(a) Projects Authorized \nThe Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of— (1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and (2) protecting nearby waterways and stormwater-stressed ecosystems. (b) Project methods and Funding sources \nUsing such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a stormwater management project under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under section 2391(d) of this title. (5) A construction project under section 2914 of this title. (6) A reserve component facility project under section 18233 of this title. (7) A defense access road project under section 210 of title 23. (c) Project priorities \nIn selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff and ponding or standing water that includes the combination of stormwater runoff and water levels resulting from extreme weather conditions. (d) Project activities \nActivities carried out as part of a stormwater management project under this section may include, but are not limited to, the following: (1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures. (2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. (3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. (e) Project coordination \nIn the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. (f) Annual Report \n(1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing— (A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and (B) all projects completed by the Secretary concerned during the previous fiscal year. (2) Each report shall include the following information with respect to each stormwater management project described in the report: (A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. (B) The rationale for how the project will— (i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (ii) protect waterways and stormwater-stressed ecosystems. (C) Such other information as the Secretary concerned considers appropriate. (g) Definitions \nIn this section: (1) The term defense access road means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23. (2) The terms facility and State have the meanings given those terms in section 18232 of this title. (3) The term military installation includes a facility of a reserve component owned by a State rather than the United States. (4) The term military installation resilience has the meaning given that term in section 101(e)(8) of this title. (5) The term Secretary concerned means— (A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States..", "id": "H62AEBAE28B33465AA2894F819D9708CB", "header": "Department of Defense stormwater management projects for military installations and defense access roads" }, { "text": "2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation \n(a) Projects Authorized \nThe Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of— (1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and (2) protecting nearby waterways and stormwater-stressed ecosystems. (b) Project methods and Funding sources \nUsing such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a stormwater management project under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under section 2391(d) of this title. (5) A construction project under section 2914 of this title. (6) A reserve component facility project under section 18233 of this title. (7) A defense access road project under section 210 of title 23. (c) Project priorities \nIn selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff and ponding or standing water that includes the combination of stormwater runoff and water levels resulting from extreme weather conditions. (d) Project activities \nActivities carried out as part of a stormwater management project under this section may include, but are not limited to, the following: (1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures. (2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. (3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. (e) Project coordination \nIn the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. (f) Annual Report \n(1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing— (A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and (B) all projects completed by the Secretary concerned during the previous fiscal year. (2) Each report shall include the following information with respect to each stormwater management project described in the report: (A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. (B) The rationale for how the project will— (i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (ii) protect waterways and stormwater-stressed ecosystems. (C) Such other information as the Secretary concerned considers appropriate. (g) Definitions \nIn this section: (1) The term defense access road means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23. (2) The terms facility and State have the meanings given those terms in section 18232 of this title. (3) The term military installation includes a facility of a reserve component owned by a State rather than the United States. (4) The term military installation resilience has the meaning given that term in section 101(e)(8) of this title. (5) The term Secretary concerned means— (A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.", "id": "H0010B20BD6104831B1DD49EA64B03152", "header": "Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation" }, { "text": "2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation \nSection 2914 of title 10, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection (c): (c) Alternative funding source \n(1) In addition to the authority under section 2805(c) of this title, in carrying out a military construction project for energy resilience, energy security, or energy conservation under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits to the congressional defense committees a notification of the decision to carry out the project using such amounts and includes in the notification— (A) the current estimate of the cost of the project; (B) the source of funds for the project; and (C) a certification that deferring the project pending the availability of funds appropriated for or otherwise made available for military construction would be inconsistent with the timely assurance of energy resilience, energy security, or energy conservation for one or more critical national security functions. (2) A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the seven-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title. (3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000..", "id": "H1FC893925D454166A8452037DBD33245", "header": "Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation" }, { "text": "2805. Flood risk management for military construction \n(a) Further modification of Department of Defense Form 1391 \nSection 2805(a)(1) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraph (A), by inserting or a 500-year floodplain if outside a 100-year floodplain after 100-year floodplain ; and (2) in subparagraph (B), by striking 100-year floodplain and inserting floodplain described in subparagraph (A). (b) Reporting requirements \nSection 2805(a)(3) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraph (A), by inserting before the period at the end the following: using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the facility and future forecasted land use changes ; and (2) in subparagraph (D), by inserting after future the following: flood risk and. (c) Mitigation plan assumptions \nSection 2805(a)(4) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraphs (A) and (B), by striking buildings and inserting facilities ; and (2) in subparagraph (C), by inserting after future the following: flood risk and. (d) Conforming amendment of unified facilities criteria \n(1) Amendment required \nNot later than September 1, 2022, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the minimum flood mitigation requirements of section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note), as amended by this section. (2) Implementation of unified facilities criteria amendments \n(A) Implementation \nAny Department of Defense Form 1391 submitted to Congress after September 1, 2022, shall comply with the Unified Facilities Criteria, as amended pursuant to paragraph (1). (B) Certification \nNot later than March 1, 2023, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion of the amendment process required by paragraph (1) and the full incorporation of the amendments into military construction planning and design.", "id": "HDD5014E32F0A4733BDC1AA761C79D124", "header": "Flood risk management for military construction" }, { "text": "2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States \n(a) Two-year Extension of authority \nSubsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723), as most recently amended by section 2806(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) in paragraph (1), by striking December 31, 2021 and inserting December 31, 2023 ; and (2) paragraph (2), by striking fiscal year 2022 and inserting fiscal year 2024. (b) Continuation of limitation on use of authority \nSubsection (c)(1) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723), as most recently amended by subsections (b) and (c) of section 2806 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) by striking subparagraphs (A) and (B); (2) by redesignating subparagraph (C) as subparagraph (A); and (3) by adding at the end the following new subparagraphs: (B) The period beginning October 1, 2021, and ending on the earlier of December 31, 2022, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2023. (C) The period beginning October 1, 2022, and ending on the earlier of December 31, 2023, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2024.. (c) Establishment of project monetary limitation \nSubsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723) is amended by adding at the end the following new paragraph: (3) The total amount of operation and maintenance funds used for a single construction project carried out under the authority of this section shall not exceed $15,000,000. The Secretary of Defense may waive this limitation on a project-by-project basis. This waiver authority may not be delegated.. (d) Modification of Notice and wait requirement \nSubsection (b) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723) is amended— (1) by striking 10-day period and inserting 14-day period ; and (2) by striking or, if earlier, the end of the 7-day period beginning on the date on which and inserting , including when.", "id": "H017BBA779A9B42CF82D0B3F49F7967B5", "header": "Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States" }, { "text": "2811. Modification of calculation of military housing contractor pay for privatized military housing \nSection 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2871 note), as amended by section 3036 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 133 Stat. 1938) and section 2811(i) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) in paragraph (1)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii) ; and (2) in paragraph (2)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii).", "id": "H285566D713D841E6821727CD64D7AC25", "header": "Modification of calculation of military housing contractor pay for privatized military housing" }, { "text": "2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled \n(a) Transfer of window fall prevention section to military family housing administration subchapter \nSection 2879 of title 10, United States Code— (1) is transferred to appear after section 2856 of such title; and (2) is redesignated as section 2857. (b) Applicability of section to all military family housing \nSection 2857 of title 10, United States Code, as transferred and redesignated by subsection (a), is amended— (1) in subsection (a)(1), by striking acquired or constructed under this chapter ; (2) in subsection (b)(1), by striking acquired or constructed under this chapter ; and (3) by adding at the end the following new subsection: (e) Applicability to all military family housing \nThis section applies to military family housing under the jurisdiction of the Department of Defense and military family housing acquired or constructed under subchapter IV of this chapter.. (c) Implementation plan \nIn the report required to be submitted in 2022 pursuant to subsection (d) of section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a) and amended by subsection (b), the Secretary of Defense shall include a plan for implementation of the fall protection devices described in subsection (a)(3) of such section as required by such section. (d) Limitation on Use of Funds pending submission of overdue report \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Assistant Secretary of Defense for Energy, Installations, and Environment, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense certifies to the congressional defense committees that— (1) the independent assessment required by section 2817(b) of the Military Construction Authorization Act of 2018 (division B of Public Law 115–91 ; 131 Stat. 1852) has been initiated; and (2) the Secretary expects the report containing the results of the assessment to be submitted to the congressional defense committees by February 1, 2023.", "id": "H502A7DA9FB764515AF2C09EC055B4BD2", "header": "Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled" }, { "text": "2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent \n(a) Applicability of Disability Laws \nSection 2891 of title 10, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): (g) Applicability of Disability Laws \nFor purposes of this subchapter and subchapter IV of this chapter, housing units shall be considered as military family housing for purposes of application of Department of Defense policy implementing section 804 of the Fair Housing Act ( 42 U.S.C. 3604 ) and title III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 et seq. ).. (b) Clarification of prohibition \n(1) Treatment of reasonable Modification and accommodation requirements \nSection 2891a(e) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) Costs incurred to reasonably modify or upgrade a housing unit to comply with standards addressing discrimination against an individual with a disability established pursuant to the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), or to meet the reasonable modification and accommodation requirements of section 804 of the Fair Housing Act ( 42 U.S.C. 3604 ) and in order to facilitate occupancy of a housing unit by an individual with a disability, may not be considered optional services under paragraph (2)(A)(i) or another exception to the prohibition in paragraph (1) against collection from tenants of housing units of amounts in addition to rent. (B) In subparagraph (A), the term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ).. (2) Applicability of requirements \nSubsection (e)(3) of section 2891a of title 10, United States Code, as added by paragraph (1), shall apply to contracts described in subsection (a) of such section entered into on or after the date of the enactment of this Act.", "id": "H06CDF6D72810462197A830220DF13AE9", "header": "Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent" }, { "text": "2814. Required investments in improving military unaccompanied housing \n(a) Investments in military unaccompanied housing \nOf the total amount authorized to be appropriated by the National Defense Authorization Act for a covered fiscal year for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve an amount equal to five percent of the estimated replacement cost of the total inventory of unaccompanied housing under the jurisdiction of that Secretary for the purpose of carrying out projects for the improvement of military unaccompanied housing. (b) Definitions \nIn this section: (1) The term military unaccompanied housing means military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) The term replacement cost , with respect to military unaccompanied housing, means the amount that would be required to replace the remaining service potential of that military unaccompanied housing. (c) Duration of investment requirement \nThe requirement in subsection (a) shall apply for fiscal years 2022 through 2026.", "id": "H4DC2FFCA8357422D81B03E423B0E14B9", "header": "Required investments in improving military unaccompanied housing" }, { "text": "2815. Improvement of security of lodging and living spaces on military installations \n(a) Assessment \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment of all on-base dormitories and barracks at military installations for purposes of identifying— (1) locking mechanisms on points of entry into the main facility, including doors and windows, or interior doors leading into private sleeping areas that require replacing or repairing; (2) areas, such as exterior sidewalks, entry points, and other public areas where closed-circuit television security cameras should be installed; and (3) other passive security measures, such as additional lighting, that may be necessary to prevent crime, including sexual assault. (b) Emergency repairs \nThe Secretary of Defense shall make any necessary repairs of broken locks or other safety mechanisms discovered during the assessment conducted under subsection (a) not later than 30 days after discovering the issue. (c) Report \n(1) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). (2) Elements \nThe report under paragraph (1) shall include— (A) a cost estimate to make any improvements recommended pursuant to the assessment under subsection (a), disaggregated by military department and installation; and (B) an estimated schedule for making such improvements.", "id": "H54A978535EFF4995B07815FCDADE936A", "header": "Improvement of security of lodging and living spaces on military installations" }, { "text": "2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel \n(a) Safety inspection of child development centers \nNot later than one year after the date of the enactment of this Act, each Secretary of a military department shall complete an inspection of all facilities under the jurisdiction of that Secretary used as a child development center to identify any unresolved safety issues, including lead, asbestos, and mold, that adversely impact the facilities. (b) Briefing on results of safety inspections and remediation plans \n(1) Briefing required \nNot later than March 1, 2022, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the safety inspections conducted of child development centers under the jurisdiction of that Secretary. (2) Required elements of briefing \nIn the briefing required by paragraph (1), the Secretary of a military department shall provide the following: (A) A list of any child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition. In the case of each child development center included on this list, the Secretary shall provide a remediation plan for the child development center, which shall include the following elements: (i) An estimate of the funding required to complete the remediation plan. (ii) The Secretary’s funding strategy to complete the remediation plan. (iii) Any additional statutory authorities the Secretary needs to complete the remediation plan (B) A list of life-threatening and non-life-threatening violations during the previous three years recorded at child development centers under the jurisdiction of that Secretary that are not included on the list required by subparagraph (A), which shall include the name of the installation where the violation occurred and date of inspection. (C) A list of what that Secretary considers a life-threatening and non-life-threatening violation, including with regard to the presence of lead, asbestos, and mold. (D) A list of how often the 90-day remediation requirement has been waived and the name of each child development center under the jurisdiction of that Secretary at which a waiver was granted. (E) Data on child development center closures under the jurisdiction of that Secretary due to a non-life-threatening violation not remedied within 90 days. (F) An additional plan to conduct preventive maintenance on other child development centers under the jurisdiction of that Secretary to prevent additional child development centers from degrading to poor or failing condition. (c) Partnerships encouraged for child care for children of military personnel \nBeginning one year after the date of the enactment of this Act, and pursuant to such regulations as the Secretary of Defense may prescribe, each Secretary of a military department is encouraged to enter into agreements with public and private entities to provide child care to the children of personnel (including members of the Armed Forces and civilian employees of the Department of Defense) under the jurisdiction of that Secretary. (d) Annual Status updates \nNot later than 18 months after the date of the enactment of this Act, and every 12 months thereafter, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives on the progress made by that Secretary— (1) in implementing the child development center remediation plans required by subsection (b)(2)(A) for child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition, including details about projects planned, funded, under construction, and completed under the plans; (2) in conducting preventive maintenance on other child development centers under the jurisdiction of that Secretary pursuant to the preventive maintenance plan required by subsection (b)(2)(F); and (3) in entering into partnerships encouraged by subsection (c), including with regard to each partnership— (A) the terms of the agreement, including cost to the United States; (B) the number of children described in such subparagraph projected to receive child care under the partnership; and (C) if applicable, the actual number of such children who received child care under the partnership during the previous year. (e) Child development center defined \nIn this section, the term child development center has the meaning given that term in section 2871(2) of title 10, United States Code, and includes facilities identified as a child care center or day care center.", "id": "H68DA1CE4A78C45E895A7F3327AF96DC1", "header": "Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel" }, { "text": "2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy \nChapter 861 of title 10, United States Code, is amended by inserting after section 8616 the following new section: 8617. National Museum of the United States Navy \n(a) Authority to support development and operation of Museum \n(1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy. (2) The Secretary may— (A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or (B) authorize acceptance of funds from a partner organization for each or all such phases. (b) Purposes of museum \n(1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy. (2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command. (c) Acceptance upon completion \nUpon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum. (d) Lease authority \n(1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum. (2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum. (e) Authority to accept gifts \n(1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection. (2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards. (3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record. (4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum. (f) Additional terms and conditions \nThe Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. (g) Use of Navy indicators \n(1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy. (2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy. (h) Definitions \nIn this section: (1) The term eligible nonprofit organization means an entity that— (A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and (B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy. (2) The term museum means the National Museum of the United States Navy, including its facilities and grounds. (3) The term Navy indicator includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term National Museum of the United States Navy. (4) The term partner organization means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d)..", "id": "H4BA8504FB1F140E7A9265FE500CE1828", "header": "Secretary of the Navy authority to support development and operation of National Museum of the United States Navy" }, { "text": "8617. National Museum of the United States Navy \n(a) Authority to support development and operation of Museum \n(1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy. (2) The Secretary may— (A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or (B) authorize acceptance of funds from a partner organization for each or all such phases. (b) Purposes of museum \n(1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy. (2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command. (c) Acceptance upon completion \nUpon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum. (d) Lease authority \n(1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum. (2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum. (e) Authority to accept gifts \n(1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection. (2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards. (3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record. (4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum. (f) Additional terms and conditions \nThe Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. (g) Use of Navy indicators \n(1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy. (2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy. (h) Definitions \nIn this section: (1) The term eligible nonprofit organization means an entity that— (A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and (B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy. (2) The term museum means the National Museum of the United States Navy, including its facilities and grounds. (3) The term Navy indicator includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term National Museum of the United States Navy. (4) The term partner organization means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d).", "id": "HFEFA30253EA8472088DA20606FB01C26", "header": "National Museum of the United States Navy" }, { "text": "2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations \n(a) Inclusion of additional United States Navy museums \nSection 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended— (1) in subsection (a)— (A) by striking the text preceding paragraph (1) and inserting The Secretary of the Navy may lease or license any portion of the facilities of a United States Navy museum to a foundation established to support that museum for the purpose of permitting the foundation to carry out the following activities: ; and (B) in paragraphs (1) and (2), by striking the United States Navy Museum and inserting that United States Navy museum ; (2) in subsection (b), by striking the United States Navy Museum and inserting the United States Navy museum of which the facility is a part ; (3) in subsection (c), by striking the Naval Historical Foundation and inserting a foundation described in subsection (a) ; and (4) in subsection (d)— (A) by striking the United States Navy Museum and inserting the applicable United States Navy museum ; and (B) by striking the Museum and inserting that museum. (b) United States Navy museum defined \nSection 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended by adding at the end the following new subsection: (f) United States Navy museum \nIn this section, the term United States Navy museum means a museum under the jurisdiction of the Secretary of Defense and operated through the Naval History and Heritage Command.. (c) Conforming clerical amendment \nThe heading of section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended by striking at Washington, Navy Yard, District of Columbia.", "id": "HDF92DACDB8994992B45622A86652A8BA", "header": "Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations" }, { "text": "2831. Cooperation with State and local governments in development of master plans for major military installations \nSection 2864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) The commander of a major military installation shall develop and update the master plan for that major military installation in consultation with representatives of the government of the State in which the installation is located and representatives of local governments in the vicinity of the installation to improve cooperation and consistency between the Department of Defense and such governments in addressing each component of the master plan described in paragraph (1). (B) The consultation required by subparagraph (A) is in addition to the consultation specifically required by subsection (b)(1) in connection with the transportation component of the master plan for a major military installation..", "id": "HD93747954F2D4490BA1AF68D9363B72E", "header": "Cooperation with State and local governments in development of master plans for major military installations" }, { "text": "2832. Additional changes to requirements regarding master plans for major military installations \n(a) Consideration of military installation resilience \nSection 2864(a)(2)(E) of title 10, United States Code, is amended by inserting before the period at the end the following: and military installation resilience. (b) Coordination efforts related to military installation resilience component \nSection 2864(c) of title 10, United States Code, is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: (7) Extent of current coordination efforts and plans for additional coordination, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).. (c) Cross reference to definition of military installation resilience \nSection 2864(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: (6) The term military installation resilience has the meaning given that term in section 101(e) of this title..", "id": "H753E1CC0066D486C9BC5997503AA3EDA", "header": "Additional changes to requirements regarding master plans for major military installations" }, { "text": "2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations \n(a) Identification of at-Risk installations \nNot later than 30 days after the date of the enactment of this Act, each Secretary of a military department shall— (1) identify at least two major military installations under the jurisdiction of that Secretary that the Secretary considers at risk from extreme weather events; and (2) notify the Committees on Armed Services of the Senate and the House of Representatives of the major military installations identified under paragraph (1). (b) Completion deadline \nNot later than one year after the date of the enactment of this Act, each Secretary of a military department shall ensure that the military installation resilience component of the master plan for each major military installation identified by the Secretary under subsection (a) is completed. (c) Briefings \nNot later than 60 days after completion of a master plan component as required by subsection (b) for a major military installation, the Secretary of the military department concerned shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the master plan efforts for that major military installation. (d) Definitions \nIn this section: (1) The term major military installation has the meaning given that term in section 2864(f) of title 10, United States Code. (2) The term master plan means the master plan required by section 2864(a) of title 10, United States Code, for a major military installation.", "id": "H9440B62CCAA74BCC853AFC2AD2705B66", "header": "Prompt completion of military installation resilience component of master plans for at-risk major military installations" }, { "text": "2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements \n(a) Submission of master plans and investment strategies \nNot later than March 31, 2022, the Secretary of the Army shall submit to the congressional defense committees a report containing the following: (1) The master plan for each of the ammunition organic industrial base production facilities under the jurisdiction of the Secretary of the Army (in this section referred to as an ammunition production facility ) that was developed to guide planning and budgeting for future infrastructure construction, facility improvements, and production equipment needs at the ammunition production facility. (2) An investment strategy to address the facility, major equipment, and infrastructure requirements at each ammunition production facility in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense. (b) Elements of master plan \nTo satisfy the requirements of subsection (a)(1), the master plan for an ammunition production facility must incorporate the results of a review of industrial processes, logistics streams, and workload distribution required to support production objectives and the facility requirements to support optimized processes and include the following specific elements: (1) A description of all infrastructure construction and facility improvements planned or being considered for the ammunition production facility and production equipment planned or being considered for installation, modernization, or replacement. (2) An explanation of how the master plan for the ammunition production facility will promote efficient, effective, resilient, secure, and cost-effective production of ammunition and ammunition components for the Armed Forces. (3) A description of how development of the master plan for the ammunition production facility included input from the contractor operating the ammunition production facility and how implementation of that master plan will be coordinated with the contractor. (4) A review of current and projected workload requirements for the manufacturing of energetic materials, including propellants, explosives, pyrotechnics, and the ingredients for propellants, explosives, and pyrotechnics, to assess efficiencies in the use of existing facilities, including consideration of new weapons characteristics and requirements, obsolescence of facilities, siting of facilities and equipment, and various constrained process flows. (5) An analysis of life-cycle costs to repair and modernize existing mission-essential facilities versus the cost to consolidate functions into modern, right-sized facilities at each location to meet current and programmed future mission requirements. (6) A review of the progress made in prioritizing and funding projects that facilitate process efficiencies and consolidate and contribute to availability cost and schedule reductions. (7) An accounting of the backlog of restoration and modernization projects at the ammunition production facility. (c) Elements of investment strategy \nTo satisfy the requirements of subsection (a)(2), the investment strategy for an ammunition production facility must include the following specific elements: (1) A description of the funding sources for such infrastructure construction, facility improvements, and production equipment, including authorized military construction projects, appropriations available for operation and maintenance, and appropriations available for procurement of Army ammunition in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense. (2) A timeline to complete the investment strategy. (3) A list of projects and a brief scope of work for each such project. (4) Cost estimates necessary to complete projects for mission essential facilities. (d) Annual updates \nNot later than March 31, 2023, and each March 31 thereafter through March 31, 2026, the Secretary of the Army shall submit to the congressional defense committees a report containing the following: (1) A description of any revisions made during the previous year to master plans and investment strategies submitted under subsection (a). (2) A description of any revisions to be made or being considered to the master plans and investment strategies. (3) An explanation of the reasons for each revision, whether made, to be made, or being considered. (4) A description of the progress made in improving infrastructure, facility, and production equipment at each ammunition production facility consistent with the master plans and investment strategies. (e) Delegation authority \nThe Secretary of the Army shall carry out this section acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology.", "id": "H0EC6F32A7E044584B2CBD3720A9B890F", "header": "Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements" }, { "text": "2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects \n(a) Amendment required \nThe Secretary of Defense shall amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that military construction planning and design for buildings likely to be regularly frequented by nursing mothers who are members of the uniformed services, civilian employees of the Department of Defense, contractor personnel, or visitors include a private nursing and lactation room or other private space suitable for that purpose. (b) Deadline \nThe Secretary of Defense shall complete the amendment process required by subsection (a) and implement the amended UFC 1–4.2 not later than one year after the date of the enactment of this Act.", "id": "HC9286C3684EB44BAB5882962CAF6AE3C", "header": "Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects" }, { "text": "2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems \n(a) Publication and comment period requirements \nThe Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days. (b) Notice and justification requirements \nThe Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register.", "id": "H8201FE90A2A4492EA9444CA5696D93C1", "header": " Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems" }, { "text": "2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations \n(a) Unified Facilities Criteria Amendment required \nTo the extent practicable, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019. (b) Implementation of amendment \nThe Secretary of Defense shall complete the amendment process required by subsection (a) in a timely manner so that any Department of Defense Form 1391 submitted to Congress in connection with the budget submission for fiscal year 2024 and thereafter complies with the Unified Facilities Criteria, as amended pursuant to such subsection. (c) Reporting requirement \nNot later than February 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report— (1) describing the extent to which the Unified Facilities Criteria, as amended pursuant to subsection (a), incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019, as required by such subsection; and (2) in the case of any instance in which the Unified Facilities Criteria continues to deviate from such consensus-based codes and standards for energy efficiency and conservation, identifying the deviation and explaining the reasons for the deviation.", "id": "H1991398B13634926B68A38C1B685727E", "header": "Amendment of Unified Facilities Criteria to promote energy efficient military installations" }, { "text": "2844. Additional Department of Defense activities to improve energy resiliency of military installations \n(a) Consideration of including energy microgrid in military construction projects \n(1) Amendment of Unified Facilities Criteria required \nThe Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing an energy microgrid as part of the project, including intentional islanding capability of at least seven consecutive days, for the purpose of— (A) promoting on-installation energy security and energy resilience; and (B) facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ). (2) Deadline \nThe Secretary of Defense shall complete the amendment process required by paragraph (1) and implement the amendment not later than September 1, 2022. (b) Contracts for Emergency access to existing on-installation renewable energy sources \nIn the case of a covered renewable energy generating source located on a military installation pursuant to a lease of non-excess defense property under section 2667 of title 10, United States Code, the Secretary of the military department concerned is encouraged to negotiate with the owner and operator of the renewable energy generating source to revise the lease contract to permit the military installation to access the renewable energy generating source during an emergency. The negotiations shall include consideration of the ease of modifying the renewable energy generating source to include an islanding capability, the necessity of additional infrastructure to tie the renewable energy generating source into the installation energy grid, and the cost of such modifications and infrastructure. (c) Definitions \nIn this section: (1) The term covered renewable energy generating source means a renewable energy generating source that, on the date of the enactment of this Act— (A) is located on a military installation inside the United States; but (B) cannot be used as a direct source of resilient energy for the installation in the event of a power disruption. (2) The term islanding capability refers to the ability to remove an energy system, such as a microgrid, from the local utility grid and to operate the energy system, at least temporarily, as an integrated, stand-alone system, during an emergency involving the loss of external electric power supply. (3) The term microgrid means an integrated energy system consisting of interconnected loads and energy resources with an islanding capability to permit functioning separate from the local utility grid.", "id": "H24A5397306C14A3581CABEDCE4FC9FE4", "header": "Additional Department of Defense activities to improve energy resiliency of military installations" }, { "text": "2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California \n(a) Modification of original use restriction \nSection 3(a) of Public Law 87–662 (76 Stat. 546) is amended by inserting after educational purposes the following: , which may include technology innovation and entrepreneurship programs and establishment of innovation incubators. (b) Execution \nIf necessary to effectuate the amendment made by subsection (a), the Secretary of the Navy shall execute and file in the appropriate office an amended deed or other appropriate instrument reflecting the modification of restrictions on the use of former Camp Matthews conveyed to the regents of the University of California pursuant to Public Law 87–662.", "id": "HF72AACF1D59E4051B17808A47D3CD341", "header": "Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California" }, { "text": "2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts \n(a) Conveyance authorized \nThe Secretary of the Air Force may convey to the Commonwealth of Massachusetts (in this section referred to as the Commonwealth ) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon and related easements, consisting of approximately 10 acres located on Joint Base Cape Cod, Bourne, Massachusetts. (b) Conditions of conveyance \nThe conveyance under subsection (a) shall be subject to valid existing rights and the Commonwealth shall accept the real property, and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance as is ). (c) Consideration \n(1) Consideration required \nAs consideration for the conveyance under subsection (a), the Commonwealth shall pay to the United States an amount equal to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary. (2) Treatment of consideration received \nConsideration received under paragraph (1) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection. (d) Payment of costs of conveyance \n(1) Payment required \nThe Secretary of the Air Force shall require the Commonwealth to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Commonwealth in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Commonwealth. (2) Treatment of amounts received \nAmounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to an appropriate fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (f) Additional terms and conditions \nThe Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H148F87A26324439EA18CC76E7A6C71ED", "header": "Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts" }, { "text": "2853. Land conveyance, Saint Joseph, Missouri \n(a) Conveyance authorized \nAt such time as the Missouri Air National Guard vacates their existing location on the southern end of the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri, as determined by the Secretary of the Air Force, the Secretary may convey to the City of Saint Joseph, Missouri (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 54 acres at the Rosecrans Air National Guard Base in Saint Joseph, Missouri, for the purpose of removing the property from the boundaries of the Rosecrans Air National Guard Base and accommodating the operations and maintenance needs of the Rosecrans Memorial Airport as well as the development of the parcels and buildings for economic purposes. (b) Condition of conveyance \nThe conveyance under subsection (a) shall be subject to valid existing rights and the City shall accept the real property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance as is ). (c) Consideration \n(1) Requirement \nAs consideration for the conveyance of the property under subsection (a), the City shall provide the United States an amount that is equivalent to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary of the Air Force. (2) Types of consideration \n(A) In general \nExcept as provided in subparagraph (B), the consideration required to be provided under paragraph (1) may be provided by land exchange, in-kind consideration described in subparagraph (D), or a combination thereof. (B) Less than fair market value \nIf the value of the land exchange or in-kind consideration provided under subparagraph (A) is less than the fair market value of the property interest to be conveyed under subsection (a), the City shall pay to the United States an amount equal to the difference between the fair market value of the property interest and the value of the consideration provided under subparagraph (A). (C) Cash consideration \nAny cash consideration received by the United States under this subsection shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and available in accordance with the provisions of subparagraph (B)(ii) of such section. (D) In-kind consideration \nIn-kind consideration described in this subparagraph may include the construction, provision, improvement, alteration, protection, maintenance, repair, or restoration (including environmental restoration), or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri Air National Guard at Rosecrans Air National Guard Base that the Secretary considers appropriate. (d) Payment of costs of conveyance \n(1) Payment required \nThe Secretary of the Air Force may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. (2) Treatment of amounts received \nAmounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (f) Additional terms and conditions \nThe Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H32F78E8AD2A54C5AAF5C16AC3712D82D", "header": "Land conveyance, Saint Joseph, Missouri" }, { "text": "2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri \n(a) Conveyance to Land Clearance for Redevelopment Authority of the City of St. Louis \n(1) Conveyance authorized \nThe Secretary of the Air Force may convey to the Land Clearance for Redevelopment Authority of the City of St. Louis (in this section referred to as the Authority ) all right, title, and interest of the United States in and to a parcel of real property, including all improvements thereon, consisting of approximately 24 acres located at 3200 S. 2nd Street, St. Louis, Missouri, for purpose of permitting the Authority to redevelop the property. (2) Limitation \nThe Secretary may convey to the Authority only that portion of the parcel of real property described in paragraph (1) that is declared excess to the needs of the Department of Defense. (b) Consideration \n(1) Consideration required \nAs consideration for the conveyance under subsection (a), the Authority shall pay to the Secretary of the Air Force an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. (2) In-kind consideration \nIn-kind consideration provided by the Authority under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs that the Secretary considers acceptable. (c) Terms of conveyance \n(1) Instrument of conveyance; acceptance \nThe conveyance under subsection (a) shall be subject to valid existing rights and shall be accomplished using a quitclaim deed or other legal instrument. (2) Conditions \n(A) In general \nSubject to paragraph (3), the Authority shall accept the real property conveyed under subsection (a), and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance as is ). (B) Environmental conditions \nThe conveyance under subsection (a) may include conditions, restrictions, or covenants related the environmental condition of the conveyed property, which shall not adversely interfere with the use of existing structures and the development of the property for commercial or industrial uses. (C) Historical property conditions \nThe conveyance under subsection (a) may include conditions, restrictions, or covenants to ensure preservation of historic property, notwithstanding the effect such conditions, restrictions, or covenants may have on reuse of the property. (3) Conduct of remediation \n(A) In general \nThe Secretary of the Air Force shall conduct all remediation at the real property conveyed under subsection (a) pursuant to approved activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Defense Environmental Restoration Program under section 2701 of title 10, United States Code. (B) Completion of remediation \nThe Secretary shall complete all remediation at the parcel of land conveyed under subsection (a) in accordance with the requirements selected in the Record of Decision, Scott Air Force Base Environmental Restoration Program Site SS018, National Imagery and Mapping Agency, Second Street, dated August 2019. (d) Payment of costs of conveyance \n(1) Payment required \nThe Secretary of the Air Force shall require the Authority to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Authority. (2) Treatment of amounts received \nAmounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Relation to other laws \n(1) Historic preservation \nThe conveyance under subsection (a) shall be carried out in compliance with division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act). (2) Rule of construction \nNothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). (f) Description of property \nThe exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (g) Additional terms and conditions \nThe Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "HE967AD1BB5F14966BFA19AB9C5C6A569", "header": "Land conveyance, Department of Defense excess property, St. Louis, Missouri" }, { "text": "2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina \n(a) Conveyance authorized \nThe Secretary of the Navy may convey to the City of Havelock, North Carolina (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 30 acres, known as the former Fort Macon Housing Area, located within the City limits. (b) Interim lease \nUntil such time as the real property described in subsection (a) is conveyed to the City, the Secretary of the Navy may lease the property to the City for 20 years. (c) Consideration \n(1) In general \nAs consideration for the conveyance under subsection (a) and interim lease under subsection (b), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. (2) In-kind consideration \nIn-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Air Station Cherry Point, North Carolina, that the Secretary considers acceptable. (3) Disposition of amounts \n(A) Conveyance \nAmounts received by the Secretary in exchange for the fee title of the real property described in subsection (a) shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section. (B) Interim lease \nAmounts received by the Secretary for the interim lease of the real property described in subsection (a) shall be deposited in the special account in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, and shall be available for use in accordance with paragraph (1)(D) of such subsection. (d) Payment of costs of conveyance \n(1) In general \nThe Secretary of the Navy shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a) and interim lease under subsection (b), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts \nIf amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a) and interim lease under subsection (b), the Secretary shall refund the excess amount to the City. (e) Condition of conveyance \nConveyance of real property shall be subject to all existing easements, restrictions, and covenants of record and conditioned upon the following: (1) Real property shall be used for municipal park and recreational purposes, which may include ancillary uses such as vending and restrooms. (2) The City shall not use Federal funds to cover any portion of the amounts required by subsections (c) and (d) to be paid by the City. (f) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (g) Exclusion of requirements for prior screening by General Services Administration for additional Federal use \nSection 2696(b) of title 10, United States Code, does not apply to the conveyance of real property authorized under subsection (a). (h) Additional terms \nThe Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H9F67F0A5880D438A91D97C6F652D9208", "header": "Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina" }, { "text": "2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia \n(a) Conveyance authorized \n(1) In general \nThe Secretary of the Navy may convey to the City of Virginia Beach, Virginia (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property located at 4200 C Avenue, Virginia Beach, Virginia, including any improvements thereon, consisting of approximately 8 acres. (2) Authority to void land use restrictions \nThe Secretary may void any land use restrictions associated with the property to be conveyed under paragraph (1). (b) Consideration \n(1) In general \nAs consideration for the conveyance under subsection (a)(1), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described in paragraph (2), or a combination thereof. (2) In-kind consideration \nIn-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Naval Air Station Oceana, Virginia, that the Secretary considers acceptable. (3) Disposition of funds \nCash received in exchange for the fee title of the property conveyed under subsection (a)(1) shall be deposited in the special account in the Treasury established under subparagraph (A) of section 572(b)(5) of title 40, United States Code, and shall be available for use in accordance with subparagraph (B)(ii) of such section. (c) Payment of costs of conveyance \n(1) Payment required \nThe Secretary of the Navy shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(1), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. (2) Refund of excess amounts \nIf amounts are collected under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a)(1), the Secretary shall refund the excess amount to the City. (3) Treatment of amounts received \nAmounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance under subsection (a)(1). Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of property \nThe exact acreage and legal description of the parcel of real property to be conveyed under subsection (a)(1) shall be determined by a survey satisfactory to the Secretary of the Navy. (e) Additional terms and conditions \nThe Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a)(1) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H636384D9043246D8ABB1959B3F0B87D0", "header": "Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia" }, { "text": "2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia \n(a) Conveyance authorized \n(1) In general \nThe Secretary of the Navy may convey to the School Board of the City of Virginia Beach, Virginia (in this section referred to as VBCPS ) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.77 acres at Naval Air Station Oceana, Virginia Beach, Virginia, located at 121 West Lane (GPIN: 2407-94-0772) for the purpose of permitting VBCPS to use the property for educational purposes. (2) Continuation of existing easements, restrictions, and covenants \nThe conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act. (b) Consideration \n(1) Consideration required; amount \nAs consideration for the conveyance under subsection (a), VBCPS shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property to be conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final of the property to be conveyed. (2) Form of consideration \nThe consideration required by paragraph (1) may be in the form of a cash payment, in-kind consideration as described in paragraph (3), or a combination thereof, as acceptable to the Secretary. Cash consideration shall be deposited in the special account in the Treasury established under section 572 of title 40, United States Code, and the entire amount deposited shall be available for use in accordance with subsection (b)(5)(ii) of such section. (3) In-kind consideration \nThe Secretary may accept as in-kind consideration under this subsection the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or the delivery of services, relating to the needs of Naval Air Station Oceana. (c) Payment of costs of conveyance \n(1) Payment required \nThe Secretary of the Navy shall require VBCPS to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to VBCPS. (2) Treatment of amounts received \nAmounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Limitation on source of funds \nVBCPS may not use Federal funds to cover any portion of the costs required by subsections (b) and (c) to be paid by VBCPS. (e) Description of property \nThe exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (f) Additional terms and conditions \nThe Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H4C27B3145DDF4F5093DA88D9065B4315", "header": "Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia" }, { "text": "2861. Pilot program on increased use of sustainable building materials in military construction \n(a) Pilot Program required \nEach Secretary of a military department shall conduct a pilot program to evaluate the effect that the use of sustainable building materials as the primary construction material in military construction may have on the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of military construction. (b) Project selection and locations \n(1) Minimum number of projects \nEach Secretary of a military department shall carry out at least one military construction project under the pilot program. (2) Project locations \nThe pilot program shall be conducted at military installations in the continental United States— (A) that are identified as vulnerable to extreme weather events; and— (B) for which a military construction project is authorized but a request for proposal has not been released. (c) Inclusion of military Unaccompanied Housing project \nThe Secretaries of the military departments shall coordinate the selection of military construction projects to be carried out under the pilot program so that at least one of the military construction projects involves construction of military unaccompanied housing. (d) Duration of program \nThe authority of the Secretary of a military department to carry out a military construction project under the pilot program shall expire on September 30, 2024. Any construction commenced under the pilot program before the expiration date may continue to completion. (e) Reporting Requirement \n(1) Report required \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2024, the Secretaries of the military departments shall submit to the congressional defense committees a report on the progress of the pilot program. (2) Report elements \nThe report shall include the following: (A) A description of the status of the military construction projects selected to be conducted under the pilot program. (B) An explanation of the reasons why those military construction projects were selected. (C) An analysis of the following: (i) The projected or actual carbon footprint over the full life cycle of the various sustainable building materials evaluated in the pilot program. (ii) The life cycle costs of the various sustainable building materials evaluated in the pilot program. (iii) The resilience to extreme weather events of the various sustainable building materials evaluated in the pilot program. (iv) Any impact on construction timeliness of using the various sustainable building materials evaluated in the pilot program. (v) The cost effectiveness of the military construction projects conducted under the pilot program using sustainable building materials as compared to other materials historically used in military construction. (D) Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of sustainable building materials, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible. (f) Sustainable building materials defined \nIn this section, the term sustainable building material means any building material the use of which will reduce carbon emissions over the life cycle of the building. The term includes mass timber, concrete, and other carbon-reducing materials.", "id": "HD01F0185E8A342F588BEB9869B6FD0A9", "header": "Pilot program on increased use of sustainable building materials in military construction" }, { "text": "2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force \n(a) Pilot Program required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall establish a pilot program to authorize installations of the Department of the Air Force to establish a reimbursable account for the purpose of being reimbursed for the use of testing facilities on such installation. (b) Installations selected \nThe Secretary of the Air Force shall select not more than two installations of the Department of the Air Force to participate in the pilot program from among any such installations that are part of the Air Force Flight Test Center construct and are currently funded for Facility, Sustainment, Restoration, and Modernization (FSRM) through the Research, Development, Test, and Evaluation account of the Department of the Air Force. (c) Oversight of funds \n(1) Installation commander \nThe commander of an installation selected for the pilot program shall have direct oversight over 50 percent of the funds allocated to the installation for Facility, Sustainment, Restoration, and Modernization. (2) Air force civil engineer center commander \nThe Commander of the Air Force Civil Engineer Center shall have direct oversight over the remaining 50 percent of Facility, Sustainment, Restoration, and Modernization funds allocated to an installation selected for the pilot program. (d) Briefing and report \n(1) Briefing \nNot later than 30 days after establishing the pilot program, the Secretary of the Air Force shall brief the congressional defense committees on the pilot program. (2) Annual report \nNot later than one year after establishing the pilot program under subsection (a), and annually thereafter through the year following termination of the pilot program, the Secretary of the Air Force shall submit to the congressional defense committees a report on the pilot program. (e) Termination \nThe pilot program shall terminate on December 1, 2026.", "id": "H676A30A10D2D4D52A7FACEC31D4531F2", "header": "Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force" }, { "text": "2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific \nThe Secretary of the Navy shall designate an administrative position within the Naval Facilities Engineering Systems Command Pacific for the purpose of improving the continuity of management and oversight of real property and infrastructure assets in the Pacific Area of Responsibility related to the training needs of the Armed Forces, particularly regarding leased property for which the lease will expire within 10 years after the date of the enactment of this Act.", "id": "HC53D3197C7E240FEA238E70D0CBD50B8", "header": "Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific" }, { "text": "2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i \n(a) Annual briefing required \nNot later than February 1 of each year, the Secretary of Defense shall brief the congressional defense committee on the progress being made by the Department of Defense to renew each Department of Defense land lease and easement in the State of Hawai‘i that— (1) encompasses one acre or more; and (2) will expire within 10 years after the date of the briefing. (b) Required elements of briefing \nEach briefing provided under subsection (a) shall include the following: (1) The location, size, and expiration date of each lease and easement described in such subsection. (2) Major milestones and expected timelines for maintaining access to the land covered by such lease and easement. (3) Actions completed over the preceding two years for such lease and easement. (4) Department-wide and service-specific authorities governing the extension of such lease and easement. (5) A summary of coordination efforts between the Secretary of Defense and the Secretaries of the military departments. (6) The status of efforts to develop an inventory of military land in Hawai‘i, including current and possible future uses of the land, that would assist in land negotiations with the State of Hawai‘i. (7) The risks and potential solutions to ensure the renewability of required and critical leases and easements.", "id": "HAA1279E77FDE4C069A20748D851755BF", "header": "Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i" }, { "text": "2873. Hawai‘i Military Land Use Master Plan \n(a) Update of Master Plan Required \nNot later than December 31, 2025, the Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan, which was first produced by the Department of Defense in 1995 and last updated in 2021. (b) Elements \nIn updating the Hawai‘i Military Land Use Master Plan as required by subsection (a), the Commander of the United States Indo-Pacific Command shall consider, address, and include the following: (1) The priorities of each individual Armed Force and joint priorities within the State of Hawai‘i. (2) The historical background of Armed Forces and Department of Defense use of lands in Hawai‘i and the cultural significance of the historical land holdings. (3) A summary of all leases and easements held by the Department of Defense. (4) An overview of Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Hawai‘i National Guard, and Hawai‘i Air National Guard assets in the State, including the following for each asset: (A) The location and size of facilities. (B) Any tenet commands. (C) Training lands. (D) Purpose of the asset. (E) Priorities for the asset for the next five years, including any planned divestitures and expansions. (5) A summary of encroachment planning efforts. (6) A summary of efforts to synchronize the inter-service use of training lands and ranges. (c) Cooperation \nThe Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan under this section in conjunction with the Deputy Assistant Secretary of Defense for Real Property. (d) Submission of updated plan \nNot later than 30 days after the date of the completion of the update to the Hawai‘i Military Land Use Master Plan required by subsection (a), the Commander of the United States Indo-Pacific Command shall submit the updated master plan to the Committees on Armed Services of the Senate and the House of Representatives.", "id": "HC85D01AEB94345F289756C29E9BD5D6C", "header": "Hawai‘i Military Land Use Master Plan" }, { "text": "2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities \nSection 2861 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 10 U.S.C. 113 note; 133 Stat. 1899) is amended by striking requirements of national model fire codes developed by the National Fire Protection Association and the International Code Council and inserting NFPA 1, Fire Code of the National Fire Protection Association and applicable requirements of the international building code and international fire code of the International Code Council.", "id": "HB7DA81BA23D742D2801529A3B3C60630", "header": "Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities" }, { "text": "2882. GAO review and report of military construction contracting at military installations inside the United States \n(a) Review required \nThe Comptroller General of the United States shall perform a review to assess the contracting approaches authorized pursuant to section 2802 of title 10, United States Code, used to maintain and upgrade military installations inside the United States. (b) Elements of review \nIn conducting the review required by subsection (a), the Comptroller General should consider, to the extent practicable, such issues as the following: (1) The extent to which the Department of Defense uses competitive procedures when awarding contracts to contractors to maintain or upgrade military installations inside the United States. (2) The number of contractors awarded such a contract that are considered a small business, and the percentage that these contracts comprise of all such contracts. (3) The extent to which the primary business location of each contractor awarded such a contract is located within 60 miles of the military installation where the contract is to be performed. (4) The extent to which contractors awarded such a contract in turn use subcontractors and suppliers whose primary business location is located within 60 miles of the military installation where the contract is to be performed. (5) The extent to which the source selection procedures used by the responsible contracting organization considers whether offerors are small businesses or are businesses that are located within 60 miles of the military installation where the contract is to be performed. (6) Any other matters the Comptroller General determines relevant to the review. (c) Report required \nNot later than March 31, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review required by subsection (a). (d) Small business defined \nIn this section, the term small business means a contractor that is a small-business concern as such term is defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ).", "id": "H94BD31B5246242BA90F0DC0262D0ADDA", "header": "GAO review and report of military construction contracting at military installations inside the United States" }, { "text": "3101. National Nuclear Security Administration \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects \nFrom funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 22–D–513, Power Sources Capability, Sandia National Laboratories, Albuquerque, New Mexico, $13,827,000. Project 22–D–514, Digital Infrastructure Capability Expansion, Lawrence Livermore National Laboratory, Livermore, California, $8,000,000. Project 22–D–531, KL Chemistry and Radiological Health Building, Knolls Atomic Power Laboratory, Schenectady, New York, $41,620,000. Project 22–D–532, KL Security Upgrades, Knolls Atomic Power Laboratory, Schenectady, New York, $5,100,000. Shipping & Receiving (Exterior), Los Alamos National Laboratory, Los Alamos, New Mexico, $9,700,000. TCAP Restoration Column A, Savannah River Site, Aiken, South Carolina, $4,700,000.", "id": "H75D0C573AD1043C5B250B37000BCFFA4", "header": "National Nuclear Security Administration" }, { "text": "3102. Defense environmental cleanup \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects \nFrom funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 22–D–401, 400 Area Fire Station, Hanford Site, Richland, Washington, $15,200,000. Project 22–D–402, 200 Area Water Treatment Facility, Hanford Site, Richland, Washington, $12,800,000. Project 22–D–403, Idaho Spent Nuclear Fuel Staging Facility, Idaho National Laboratory, Idaho Falls, Idaho, $3,000,000. Project 22–D–404, Additional ICDF Landfill Disposal Cell and Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls, Idaho, $5,000,000.", "id": "H235C2DB56B3C483185B68F5977C010B9", "header": "Defense environmental cleanup" }, { "text": "3103. Other defense activities \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for other defense activities in carrying out programs as specified in the funding table in section 4701.", "id": "H723FD23017034E43ACCC67D7D915B35E", "header": "Other defense activities" }, { "text": "3104. Nuclear energy \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for nuclear energy as specified in the funding table in section 4701.", "id": "HAD325149FD9740C1959902798CA79BA6", "header": "Nuclear energy" }, { "text": "3111. Plutonium pit production capacity \n(a) Certifications \nSection 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a ) is amended by adding at the end the following new subsections: (d) Certifications on plutonium enterprise \n(1) Requirement \nNot later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project. (2) Failure to certify \nIf the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph (1) by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph. (e) Reports \n(1) Requirement \nNot later than March 1 of each year during the period beginning on the date on which the first covered project achieves critical decision 2 in the acquisition process and ending on the date on which the second project achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the planned production goals of both covered projects during the first 10 years of the operation of the projects. (2) Elements \nEach report under paragraph (1) shall include— (A) the number of war reserve plutonium pits planned to be produced during each year, including the associated warhead type; (B) a description of risks and challenges to meeting the performance baseline for the covered projects, as approved in critical decision 2 in the acquisition process; (C) options available to the Administrator to balance scope, costs, and production requirements at the projects to decrease overall risk to the plutonium enterprise and enduring plutonium pit requirements; and (D) an explanation of any changes to the production goals or requirements as compared to the report submitted during the previous year. (f) Covered project defined \nIn this subsection, the term covered project means— (1) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or (2) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).. (b) Briefing \nNot later than May 1, 2022, the Administrator for Nuclear Security and the Director for Cost Estimating and Program Evaluation shall jointly provide to the congressional defense committees a briefing on the ability of the National Nuclear Security Administration to carry out the plutonium enterprise of the Administration, including with respect to the adequacy of the program management staff of the Administration to execute covered projects (as defined in subsection (f) of section 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a ), as amended by subsection (a)).", "id": "HD6646CFFAFE04101A1B122FC37D54452", "header": "Plutonium pit production capacity" }, { "text": "3112. Improvements to cost estimates informing analyses of alternatives \n(a) In general \nSubtitle A of title XLVII of the Atomic Energy Defense Act ( 50 U.S.C. 2741 et seq. ) is amended by adding at the end the following new section: 4718. Improvements to cost estimates informing analyses of alternatives \n(a) Requirement for analyses of alternatives \nThe Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of project engineering and design funds \nIn the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if— (1) the Administrator— (A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification.. (b) Clerical amendment \nThe table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4717 the following new item: Sec. 4718. Improvements to cost estimates informing analyses of alternatives..", "id": "H33F289F89294444BA43834D6BC50AF06", "header": "Improvements to cost estimates informing analyses of alternatives" }, { "text": "4718. Improvements to cost estimates informing analyses of alternatives \n(a) Requirement for analyses of alternatives \nThe Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of project engineering and design funds \nIn the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if— (1) the Administrator— (A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification.", "id": "H3A73DD1E1B9A43A486C3B983BD8CE092", "header": "Improvements to cost estimates informing analyses of alternatives" }, { "text": "3113. University-based defense nuclear policy collaboration program \nTitle XLVIII of the Atomic Energy Defense Act ( 50 U.S.C. 2781 et seq. ) is amended by adding at the end the following new section (and conforming the table of contents accordingly): 4853. University-based defense nuclear policy collaboration program \n(a) Program \nThe Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814. (b) Purposes \nThe purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. (2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. (3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats. (c) Duties \n(1) Support \nThe Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants. (2) Individuals described \nThe individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to— (A) defense nuclear nonproliferation; (B) arms control; (C) nuclear deterrence; (D) the study of foreign nuclear programs; (E) nuclear security; or (F) educating and training the next generation of defense nuclear policy experts..", "id": "H5D05447C2A7D43B09AEB13519A9DE0E5", "header": "University-based defense nuclear policy collaboration program" }, { "text": "4853. University-based defense nuclear policy collaboration program \n(a) Program \nThe Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814. (b) Purposes \nThe purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. (2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. (3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats. (c) Duties \n(1) Support \nThe Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants. (2) Individuals described \nThe individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to— (A) defense nuclear nonproliferation; (B) arms control; (C) nuclear deterrence; (D) the study of foreign nuclear programs; (E) nuclear security; or (F) educating and training the next generation of defense nuclear policy experts.", "id": "H10F117A8472B4821B73352776A970C8D", "header": "University-based defense nuclear policy collaboration program" }, { "text": "3114. Defense environmental cleanup programs \n(a) Establishment of programs \nSubtitle A of title XLIV of the Atomic Energy Defense Act ( 50 U.S.C. 2581 et seq. ) is amended by inserting after section 4406 the following new section (and conforming the table of contents at the beginning of such Act accordingly): 4406A. Other programs relating to technology development \n(a) Incremental Technology Development Program \n(1) Establishment \nThe Secretary may establish a program, to be known as the Incremental Technology Development Program , to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office. (2) Focus \n(A) Improvements \nIn carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including— (i) decontamination chemicals and techniques; (ii) remote sensing and wireless communication to reduce manpower and laboratory efforts; (iii) detection, assay, and certification instrumentation; and (iv) packaging materials, methods, and shipping systems. (B) Other areas \nThe Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A). (3) Use of new and emerging technologies \n(A) Development and demonstration \nIn carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations. (B) Collaboration required \nThe Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program. (4) Agreements to carry out projects \n(A) Authority \nIn carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2). (B) Selection \nThe Secretary shall select projects under subparagraph (A) through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (C) Cost-sharing \nThe Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent. (D) Briefing \nNot later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (b) High-Impact Technology Development Program \n(1) Establishment \nThe Secretary shall establish a program, to be known as the High-Impact Technology Development Program , under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission— (A) holistically address difficult challenges; (B) hold the promise of breakthrough improvements; or (C) align existing or in-use technologies with difficult challenges. (2) Areas of focus \nThe Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following: (A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on— (i) real-time field acquisition; and (ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration. (B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex. (C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of— (i) remediation systems; and (ii) noninvasive near-field monitoring techniques. (D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on— (i) rapid and nondestructive examination and assay techniques; and (ii) methods to determine radio-nuclide, heavy metals, and organic constituents. (E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites. (F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment. (G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates— (i) to address engineering adaptations; (ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and (iii) to enable successful deployment at full-scale and in support of operations. (H) Developing and demonstrating rapid testing protocols that— (i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community; (ii) can be used to measure long-term waste form performance under realistic disposal environments; (iii) can determine whether a stabilized waste is suitable for disposal; and (iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal. (I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury. (J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines. (3) Project selection \n(A) Selection \nThe Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (B) Briefing \nNot later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (c) Environmental Management University Program \n(1) Establishment \nThe Secretary shall establish a program, to be known as the Environmental Management University Program , to— (A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise; (B) provide institutions of higher education and the Department access to advances in engineering and science; (C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and (D) encourage current employees of the Department to pursue advanced degrees. (2) Areas of focus \nThe Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following: (A) The atomic- and molecular-scale chemistries of waste processing. (B) Contaminant immobilization in engineered and natural systems. (C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine. (D) Elucidating and exploiting complex speciation and reactivity far from equilibrium. (E) Understanding and controlling chemical and physical processes at interfaces. (F) Harnessing physical and chemical processes to revolutionize separations. (G) Tailoring waste forms for contaminants in harsh chemical environments. (H) Predicting and understanding subsurface system behavior and response to perturbations. (3) Individual research grants \nIn carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period. (4) Grants for interdisciplinary collaborations \nIn carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects. (5) Hiring of undergraduates \nIn carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management. (6) Workshops \nIn carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions. (d) Definitions \nIn this section: (1) The term complex means all sites managed in whole or in part by the Office. (2) The term Department means the Department of Energy. (3) The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) The term mission means the mission of the Office. (5) The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) The term Office means the Office of Environmental Management of the Department. (7) The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.. (b) Independent assessment of defense environmental cleanup programs \n(1) Independent assessment \nNot later than one year after the date of the enactment of this Act, the Chief of Engineers of the Army shall develop and transmit to the Secretary of Energy and the congressional defense committees an independent assessment of the lifecycle costs and schedules of the defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy. (2) Focus of assessment \nThe Chief of Engineers shall ensure that the assessment under paragraph (1) is focused on— (A) identifying key remaining technical risks and uncertainties of the defense environmental cleanup programs; and (B) providing recommendations to the Secretary and to the congressional defense committees with respect to the annual funding levels for the Incremental Technology Development Program and the High-Impact Technology Development Program established under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), that will ensure maximum cost-savings over the life of the defense environmental cleanup programs of the Office. (3) No effect on program implementation \nNothing in this subsection affects the establishment, implementation, or carrying out of any project or program under any other provision of law, including under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), or under any existing agreement or consent decree to which the Department is a party, during the period in which the assessment under paragraph (1) is carried out.", "id": "H403D2C7B31194C33B0020219DC04D2A7", "header": "Defense environmental cleanup programs" }, { "text": "4406A. Other programs relating to technology development \n(a) Incremental Technology Development Program \n(1) Establishment \nThe Secretary may establish a program, to be known as the Incremental Technology Development Program , to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office. (2) Focus \n(A) Improvements \nIn carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including— (i) decontamination chemicals and techniques; (ii) remote sensing and wireless communication to reduce manpower and laboratory efforts; (iii) detection, assay, and certification instrumentation; and (iv) packaging materials, methods, and shipping systems. (B) Other areas \nThe Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A). (3) Use of new and emerging technologies \n(A) Development and demonstration \nIn carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations. (B) Collaboration required \nThe Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program. (4) Agreements to carry out projects \n(A) Authority \nIn carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2). (B) Selection \nThe Secretary shall select projects under subparagraph (A) through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (C) Cost-sharing \nThe Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent. (D) Briefing \nNot later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (b) High-Impact Technology Development Program \n(1) Establishment \nThe Secretary shall establish a program, to be known as the High-Impact Technology Development Program , under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission— (A) holistically address difficult challenges; (B) hold the promise of breakthrough improvements; or (C) align existing or in-use technologies with difficult challenges. (2) Areas of focus \nThe Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following: (A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on— (i) real-time field acquisition; and (ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration. (B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex. (C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of— (i) remediation systems; and (ii) noninvasive near-field monitoring techniques. (D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on— (i) rapid and nondestructive examination and assay techniques; and (ii) methods to determine radio-nuclide, heavy metals, and organic constituents. (E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites. (F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment. (G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates— (i) to address engineering adaptations; (ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and (iii) to enable successful deployment at full-scale and in support of operations. (H) Developing and demonstrating rapid testing protocols that— (i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community; (ii) can be used to measure long-term waste form performance under realistic disposal environments; (iii) can determine whether a stabilized waste is suitable for disposal; and (iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal. (I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury. (J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines. (3) Project selection \n(A) Selection \nThe Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (B) Briefing \nNot later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (c) Environmental Management University Program \n(1) Establishment \nThe Secretary shall establish a program, to be known as the Environmental Management University Program , to— (A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise; (B) provide institutions of higher education and the Department access to advances in engineering and science; (C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and (D) encourage current employees of the Department to pursue advanced degrees. (2) Areas of focus \nThe Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following: (A) The atomic- and molecular-scale chemistries of waste processing. (B) Contaminant immobilization in engineered and natural systems. (C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine. (D) Elucidating and exploiting complex speciation and reactivity far from equilibrium. (E) Understanding and controlling chemical and physical processes at interfaces. (F) Harnessing physical and chemical processes to revolutionize separations. (G) Tailoring waste forms for contaminants in harsh chemical environments. (H) Predicting and understanding subsurface system behavior and response to perturbations. (3) Individual research grants \nIn carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period. (4) Grants for interdisciplinary collaborations \nIn carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects. (5) Hiring of undergraduates \nIn carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management. (6) Workshops \nIn carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions. (d) Definitions \nIn this section: (1) The term complex means all sites managed in whole or in part by the Office. (2) The term Department means the Department of Energy. (3) The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) The term mission means the mission of the Office. (5) The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) The term Office means the Office of Environmental Management of the Department. (7) The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.", "id": "HEBA70D5133AE4C26BD862C962FD4A0C9", "header": "Other programs relating to technology development" }, { "text": "3115. Modification of requirements for certain construction projects \n(a) Increase in minor construction threshold for plant projects \nSection 4701(2) of the Atomic Energy Defense Act ( 50 U.S.C. 2741(2) ) is amended by striking $20,000,000 and inserting $25,000,000. (b) Notification requirement for certain minor construction projects \n(1) In general \nSection 4703 of the Atomic Energy Defense Act ( 50 U.S.C. 2743 ) is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): (d) Notification required for certain projects \nNotwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until— (1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and (2) a period of 15 days has elapsed after the date on which such notification is received.. (2) Conforming repeal \nSection 3118(c) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 50 U.S.C. 2743 note) is repealed. (c) Increase in construction design threshold \nSection 4706(b) of the Atomic Energy Defense Act ( 50 U.S.C. 2746(b) ) is amended by striking $2,000,000 each place it appears and inserting $5,000,000.", "id": "H1595DEBB702C4820974A986382425157", "header": "Modification of requirements for certain construction projects" }, { "text": "3116. Updates to infrastructure modernization initiative \nSection 3111(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 50 U.S.C. 2402 note) is amended— (1) in paragraph (1), by striking reduce the deferred maintenance and repair needs of the nuclear security enterprise by not less than 30 percent by 2025 and inserting reduce the total deferred maintenance per replacement plant value of the nuclear security enterprise by not less than 45 percent by 2030 ; (2) in paragraph (2)(A)(i)(II), by striking $50,000,000 and inserting $75,000,000 ; (3) in paragraph (3)— (A) in the paragraph heading, by striking Initial plan and inserting Plan required ; and (B) in the matter preceding subparagraph (A)— (i) by striking 2018 and inserting 2022 ; and (ii) by striking an initial plan and inserting a plan ; (4) in paragraph (4)— (A) by striking 2024 and inserting 2023 ; and (B) by striking 2025 and inserting 2030 ; and (5) by adding at the end the following new paragraphs: (5) Annual reports \nNot later than March 1, 2023, and annually thereafter through 2030, the Administrator for Nuclear Security shall submit to the congressional defense committees a report with respect to whether the updated plan under paragraph (3) is being implemented in a manner adequate to achieve the goal specified in paragraph (1)..", "id": "HA5C9B947F14A4A61AA704D7D8B83C25C", "header": "Updates to infrastructure modernization initiative" }, { "text": "3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel \nSection 4601(c)(1) of the Atomic Energy Defense Act ( 50 U.S.C. 2701(c)(1) ) is amended by striking September 30, 2021 and inserting September 30, 2026.", "id": "HBD131FE323534547A12EF52266AA548F", "header": "Extension of authority for appointment of certain scientific, engineering, and technical personnel" }, { "text": "3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide \n(a) In general \nSection 3132 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( 50 U.S.C. 2569 ) is— (1) transferred to title XLIII of the Atomic Energy Defense Act ( 50 U.S.C. 2565 et seq. ); (2) redesignated as section 4306B; (3) inserted after section 4306A; and (4) amended, in subsection (f)(6), by striking December 31, 2023 and inserting December 31, 2028. (b) Clerical amendment \nThe table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4306A the following new item: Sec. 4306B. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide..", "id": "H5A9EC96040D9435D9DB0DB90F90FC67B", "header": "Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide" }, { "text": "3119. Extension of enhanced procurement authority to manage supply chain risk \nSection 4806(g) of the Atomic Energy Defense Act ( 50 U.S.C. 2786(g) ) is amended by striking June 30, 2023 and inserting December 31, 2028.", "id": "H4C9F56BF323B4ED18909D58704383448", "header": "Extension of enhanced procurement authority to manage supply chain risk" }, { "text": "3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads \n(a) Prohibition \nExcept as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the National Nuclear Security Administration may be obligated or expended to reconvert or retire a W76–2 warhead. (b) Waiver \nThe Administrator for Nuclear Security may waive the prohibition in subsection (a) if the Administrator, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees— (1) that Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active stockpiles of the respective country; or (2) that the Department of Defense does not have a valid military requirement for the W76–2 warhead.", "id": "HE72928B7E28845BFBCA4B41F65DC9978", "header": "Prohibition on availability of funds to reconvert or retire W76–2 warheads" }, { "text": "3121. Portfolio management framework for National Nuclear Security Administration \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall— (1) in consultation with the Nuclear Weapons Council established under section 179 of title 10, United States Code, develop and implement a portfolio management framework for the nuclear security enterprise that— (A) defines the National Nuclear Security Administration’s portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs; (B) establishes a portfolio governance structure, including portfolio-level selection criteria, prioritization criteria, and performance metrics; (C) outlines the approach of the National Nuclear Security Administration to managing that portfolio; and (D) incorporates the leading practices identified by the Comptroller General of the United States in the report titled Nuclear Security Enterprise: NNSA Should Use Portfolio Management Leading Practices to Support Modernization Efforts (GAO–21–398) and dated June 2021; and (2) complete an integrated, comprehensive assessment of the portfolio management capabilities required to execute the weapons activities portfolio of the National Nuclear Security Administration. (b) Briefing requirement \nNot later than June 1, 2022, the Administrator shall provide to the congressional defense committees a briefing on— (1) the progress of the Administrator in developing the framework described in paragraph (1) of subsection (a) and completing the assessment required by paragraph (2) of that subsection; and (2) the plans of the Administrator for implementing the recommendations of the Comptroller General in the report referred to in paragraph (1)(D) of that subsection. (c) Nuclear security enterprise defined \nIn this section, the term nuclear security enterprise has the meaning given that term in section 4002 of the Atomic Energy Defense Act ( 50 U.S.C. 2501 ).", "id": "H0A517C23699F4C6BB53A25BC5588BAA1", "header": "Portfolio management framework for National Nuclear Security Administration" }, { "text": "3131. Modifications to certain reporting requirements \n(a) Notification of employee practices affecting national security \nSection 3245 of the National Nuclear Security Administration Act ( 50 U.S.C. 2443 ) is amended by striking subsections (a) and (b) and inserting the following new subsections: (a) Annual notification of security clearance revocations \nAt or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, the Administrator shall notify the appropriate congressional committees of— (1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and (2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation. (b) Annual notification of terminations and removals \nNot later than December 31 of each year, the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year.. (b) Reports on certain transfers of civil nuclear technology \nSection 3136(a) of the National Defense Authorization Act for Fiscal Year 2016 ( 42 U.S.C. 2077a(a) ) is amended— (1) in the matter preceding paragraph (1), by striking Not less frequently than every 90 days, and inserting At the same time as the President submits to Congress the annual budget request under section 1105 of title 31, United States Code, for a fiscal year, ; (2) in paragraph (1), by striking the preceding 90 days and inserting the preceding year ; and (3) in the heading, by striking Report and inserting Annual reports. (c) Certain annual reviews by Nuclear Science Advisory Committee \nSection 3173(a)(4)(B) of the National Defense Authorization Act for Fiscal Year 2013 ( 42 U.S.C. 2065(a)(4)(B) ) is amended by striking annual reviews and inserting triennial reviews.", "id": "H120EDB4DDDDD43B2AC783850B8EF1F30", "header": "Modifications to certain reporting requirements" }, { "text": "3132. Modification to terminology for reports on financial balances for atomic energy defense activities \nSection 4732 of the Atomic Energy Defense Act ( 50 U.S.C. 2772 ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (G), by striking committed and inserting encumbered ; (B) in subparagraph (H), by striking uncommitted and inserting unencumbered ; and (C) in subparagraph (I), by striking uncommitted and inserting unencumbered ; and (2) in subsection (c)— (A) by striking paragraphs (1) and (3); (B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (3), respectively; (C) in paragraph (1), as redesignated by subparagraph (B), by striking by the contractor and inserting from the contractor ; (D) by inserting after paragraph (1), as so redesignated, the following new paragraph (2): (2) Encumbered \nThe term encumbered , with respect to funds, means the funds have been obligated to a contract and are being held for a specific known purpose by the contractor. ; (E) in paragraph (3), as so redesignated, by striking by the contractor and inserting from the contractor ; and (F) by inserting after paragraph (3), as so redesignated, the following new paragraph (4): (4) Unencumbered \nThe term unencumbered , with respect to funds, means the funds have been obligated to a contract and are not being held for a specific known purpose by the contractor..", "id": "HBFFA41BF3FE8472BAA161339A056FFA5", "header": "Modification to terminology for reports on financial balances for atomic energy defense activities" }, { "text": "3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile \nSection 4205(e)(3) of the Atomic Energy Defense Act ( 50 U.S.C. 2525(e)(3) ) is amended— (1) in subparagraph (A), by inserting , including with respect to cyber assurance, after methods ; and (2) in subparagraph (B), by inserting , and the confidence of the head in such tools and methods after the assessments.", "id": "H09AB72B22A3D49289282551892D140BF", "header": "Improvements to annual reports on condition of the United States nuclear weapons stockpile" }, { "text": "3134. Report on plant-directed research and development \nSection 4812A of the Atomic Energy Defense Act ( 50 U.S.C. 2793 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): (b) Plant-directed research and development \n(1) In general \nThe report required by subsection (a) shall include, with respect to plant-directed research and development, the following: (A) A financial accounting of expenditures for such research and development, disaggregated by nuclear weapons production facility. (B) A breakdown of the percentage of research and development conducted by each such facility that is plant-directed research and development. (C) An explanation of how each such facility plans to increase the availability and utilization of funds for plant-directed research and development. (2) Plant-directed research and development defined \nIn this subsection, the term plant-directed research and development means research and development selected by the director of a nuclear weapons production facility..", "id": "HBDBB1ED8E8C145D7966B62303F1B580C", "header": "Report on plant-directed research and development" }, { "text": "3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials \nSection 3113 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 50 U.S.C. 2512 note) is amended by adding at the end the following new subsection: (e) Reports \nThe Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report— (1) identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the National Nuclear Security Administration; (2) describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps; (3) describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps; (4) setting forth the anticipated timelines and resources needed for such mitigating actions; and (5) describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal Government or the private sector to address such risks and gaps..", "id": "H93BA65FD0B784619A2AC291C57349140", "header": "Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials" }, { "text": "3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio \n(a) In general \nThe National Nuclear Security Administration shall release all of its reversionary rights without reimbursement to the building located at 4170 Allium Court, Springfield, Ohio, also known as the Advanced Technical Intelligence Center for Human Capital Development, to the Community Improvement Corporation of Clark County and the Chamber of Commerce. (b) Fee simple interest \nThe fee simple interest in the property, on which the building described in subsection (a) is located, shall be transferred from the Advanced Technical Intelligence Center for Human Capital Development to the Community Improvement Corporation of Clark County prior to or concurrent with the release of the reversionary rights of the National Nuclear Security Administration under subsection (a).", "id": "H49EB1BBFD5DA4D9AB6E8FDD97F50D5B9", "header": "Transfer of building located at 4170 Allium Court, Springfield, Ohio" }, { "text": "3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities \n(a) In general \nNot later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Administrator for Nuclear Security shall submit to the congressional defense committees and the Comptroller General of the United States a comprehensive strategy for treating, storing, and disposing of defense nuclear waste generated as a result of stockpile maintenance and modernization activities. (b) Elements \nThe strategy required by subsection (a) shall include the following: (1) A projection of the location, type, and quantity of defense nuclear waste the National Nuclear Security Administration anticipates generating as a result of stockpile maintenance and modernization activities during the periods of five and 10 fiscal years after the submission of the strategy, with a long-term outlook for the period of 25 fiscal years after such submission. (2) Budgetary estimates associated with the projection under paragraph (1) during the period of five fiscal years after the submission of the strategy. (3) A description of how the National Nuclear Security Administration plans to coordinate with the Office of Environmental Management of the Department of Energy to treat, store, and dispose of the type and quantity of waste projected to be generated under paragraph (1). (4) An identification of— (A) disposal facilities that could accept that waste; (B) disposal facilities that could accept that waste with modifications; and (C) in the case of facilities described in subparagraph (B), the modifications necessary for such facilities to accept that waste. (c) Follow-on strategy \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2027, the Administrator shall submit to the congressional defense committees a follow-on strategy to the strategy required by subsection (a) that includes— (1) the elements set forth in subsection (b); and (2) any other matters that the Administrator considers appropriate.", "id": "H5A7B952667CA42789104E1F7CB583F57", "header": "Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities" }, { "text": "3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration \n(a) Roadmap for acquisition \n(1) In general \nNot later than two years after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a roadmap for the acquisition by the Administration of high-performance computing capabilities during the 10-year period following submission of the roadmap. (2) Elements \nThe roadmap required by paragraph (1) shall include the following: (A) A description of the high-performance computing capabilities required to support the mission of the Administration as of the date on which the roadmap is submitted under paragraph (1). (B) An identification of any existing or anticipated gaps in such capabilities. (C) A description of the high-performance computing capabilities anticipated to be required by the Administration during the 10-year period following submission of the roadmap, including computational performance and other requirements, as appropriate. (D) A description of the strategy of the Administration for acquiring such capabilities. (E) An assessment of the ability of the industrial base to support that strategy. (F) Such other matters the Administrator considers appropriate. (3) Consultation and considerations \nIn developing the roadmap required by paragraph (1), the Administrator shall— (A) consult with the Secretary of Energy; and (B) take into consideration the findings of the review of the future of computing beyond exascale computing conducted by the National Academy of Sciences under section 3172 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (b) Independent assessment of high-performance computing acquisitions \n(1) In general \nThe Administrator shall seek to enter into an agreement with a federally funded research and development center to assess the first acquisition of high-performance computing capabilities by the Administration after the date of the enactment of this Act. (2) Elements \nThe assessment required by paragraph (1) of the acquisition of high-performance computing capabilities described in that paragraph shall include an assessment of the following: (A) The mission needs of the Administration met by the acquisition. (B) The evidence used to support the acquisition decision, such as an analysis of alternatives or business case analyses. (C) Market research performed by the Advanced Simulation and Computing Program related to the acquisition. (3) Report required \n(A) In general \nNot later than 90 days after entering into the arrangement under paragraph (1), the Administrator shall submit to the congressional defense committees a report on the assessment conducted under paragraph (1). (B) Form of report \nThe report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex.", "id": "H6E08317F7B1942E898ABA85588180474", "header": "Acquisition of high-performance computing capabilities by National Nuclear Security Administration" }, { "text": "3139. Study on the W80–4 nuclear warhead life extension program \n(a) Study \nNot later than 30 days after the date of the enactment of this Act, the Director for Cost Estimation and Program Evaluation shall initiate a study on the W80–4 nuclear warhead life extension program. (b) Matters included \nThe study under subsection (a) shall include the following: (1) An explanation of any increases in actual or projected costs of the W80–4 nuclear warhead life extension program. (2) An analysis of projections of total program costs and planned program schedules. (3) An analysis of the potential impacts on other programs as a result of additional funding required to maintain the planned program schedule for the W80–4 nuclear warhead life extension program, including with respect to— (A) other life-extension programs; (B) infrastructure programs; and (C) research, development, test, and evaluation programs. (4) An analysis of the impacts that a delay of the program will have on other programs due to— (A) technical or management challenges; and (B) changes in requirements for the program. (c) Submission \nNot later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees the study under subsection (a). (d) Form \nThe study under subsection (a) shall be in unclassified form, but may include a classified annex.", "id": "H24FB7E6F89FC48AC876DD448E8FDFD13", "header": "Study on the W80–4 nuclear warhead life extension program" }, { "text": "3140. Study on Runit Dome and related hazards \n(a) Study \nNot later than 60 days after the date of enactment of this Act, the Secretary of Energy shall seek to enter into an agreement with a federally funded research and development center to conduct a study on the impacts of climate change on the Runit Dome nuclear waste disposal site in Enewetak Atoll, Marshall Islands, and on other environmental hazards due to nuclear weapons testing in the vicinity thereof. The report shall include a scientific analysis of threats to the environment and to the residents of Enewetak Atoll, including— (1) the Runit Dome nuclear waste disposal site; (2) crypts used to contain nuclear waste and other toxins on Enewetak Atoll; and (3) radionuclides and other toxins present in the lagoon of Enewetak Atoll. (b) Public comments \nIn conducting the study under subsection (a), the federally funded research and development center shall solicit public comments. (c) Report \nNot later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study conducted under subsection (a).", "id": "H00B3F096FC8B4FD78506D86DE9509562", "header": "Study on Runit Dome and related hazards" }, { "text": "3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing \n(a) Findings \nCongress makes the following findings: (1) The Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) was enacted in 1990 to provide monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during atmospheric nuclear weapons testing during the Cold War or following exposure to radiation as a result of employment in the uranium industry during the Cold War. (2) The Radiation Exposure Compensation Act expires on July 9, 2022. Unless that Act is extended, individuals who contract certain cancers and other serious diseases because of events described in paragraph (1) may be unable to claim compensation for such diseases. (b) Sense of Congress \nIt is the sense of Congress that the United States Government should continue to appropriately compensate and recognize the individuals described in subsection (a).", "id": "H56379CF473E94A6A877A11DE91727211", "header": "Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing" }, { "text": "3201. Authorization \nThere are authorized to be appropriated for fiscal year 2022, $31,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ).", "id": "HB2DE200586064E2C9B6DA06E833A83AF", "header": "Authorization" }, { "text": "3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board \nChapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ) is amended— (1) in section 311(c), in the subsection heading, by striking Chairman, Vice Chairman and inserting Chairperson, Vice Chairperson ; and (2) by striking Chairman each place it appears and inserting Chairperson.", "id": "H5E8E25EE90734C72A02A0FBCDD132A8E", "header": "References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board" }, { "text": "3401. Authorization of appropriations \n(a) Amount \nThere are hereby authorized to be appropriated to the Secretary of Energy $13,650,000 for fiscal year 2022 for the purpose of carrying out activities under chapter 869 of title 10, United States Code, relating to the naval petroleum reserves. (b) Period of availability \nFunds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.", "id": "HD4F7F953A7254DD883718C85F79255BB", "header": "Authorization of appropriations" }, { "text": "3501. Authorization of the Maritime Administration \n(a) In general \nThere are authorized to be appropriated to the Department of Transportation for fiscal year 2022 for programs associated with maintaining the United States merchant marine, the following amounts: (1) For expenses necessary for operations of the United States Merchant Marine Academy, $90,532,000, of which— (A) $85,032,000 shall be for Academy operations, which may be used to hire personnel pursuant to subsection (d) and to implement any recommendations of the Merchant Marine Academy Advisory Council established under subsection (c); and (B) $5,500,000 shall remain available until expended for capital asset management at the Academy. (2) For expenses necessary to support the State maritime academies, $50,780,000, of which— (A) $2,400,000 is for the Student Incentive Program; (B) $6,000,000 is for direct payments; (C) $3,800,000 is for training ship fuel assistance; (D) $8,080,000 is for offsetting the costs of training ship sharing; and (E) $30,500,000 is for maintenance and repair of State maritime academy training vessels. (3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $315,600,000. (4) For expenses necessary to support Maritime Administration operations and programs, $60,853,000. (5) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $10,000,000. (6) For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $318,000,000. (7) For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which— (A) $30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5) )) of loan guarantees under the program; and (B) $3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program. (8) For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United States Code, $60,000,000. (9) For expenses necessary to support maritime environmental and technical assistance activities authorized under section 50307 of title 46, United States Code, $10,000,000. (10) For expenses necessary to support marine highway program activities authorized under chapter 556 of such title, $11,000,000. (11) For expenses necessary to provide assistance to small shipyards and for the maritime training program authorized under section 54101 of title 46, United States Code, $40,000,000. (12) For expenses necessary to implement the Port and Intermodal Improvement Program, $750,000,000, to remain available until expended, except that no such funds may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs within a port of port terminal. (b) Availability of amounts \nThe amounts authorized to be appropriated under subsection (a) shall remain available as follows: (1) The amounts authorized to be appropriated under paragraphs (1)(A), (2)(A), and (4)(A) shall remain available until September 30, 2022. (2) The amounts authorized to be appropriated under paragraphs (1)(B), (2)(B), (D), and (E), (3), (4)(B), (5), (6), (7)(A), (8), and (9) shall remain available until expended without fiscal year limitation. (c) United States Merchant Marine Academy Advisory Council; unfilled vacancies \n(1) In general \nChapter 513 of title 46, United States Code, is amended by adding at the end the following new sections: 51323. United States Merchant Marine Academy Advisory Council \n(a) Establishment \nThe Secretary of Transportation shall establish an advisory council, to be known as the United States Merchant Marine Academy Advisory Council (in this section referred to as the Council ). (b) Membership \n(1) In general \nThe Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy. (2) Governmental experts \nThe number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government. (3) Employee status \nMembers of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. (c) Responsibilities \nThe Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary. (d) Personally identifiable information \nIn carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information. 51324. Unfilled vacancies \n(a) In general \nIn the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions. (b) Critical position defined \nIn this section, the term critical position means a position that contributes to the improvement of— (1) the culture or infrastructure of the Academy; (2) student health and well being; (3) Academy governance; or (4) any other priority areas identified by the Council.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new items: 51323. United States Merchant Marine Academy Advisory Council. 51324. Unfilled vacancies..", "id": "HE32FD12C40304620BF6060947C7891C3", "header": "Authorization of the Maritime Administration" }, { "text": "51323. United States Merchant Marine Academy Advisory Council \n(a) Establishment \nThe Secretary of Transportation shall establish an advisory council, to be known as the United States Merchant Marine Academy Advisory Council (in this section referred to as the Council ). (b) Membership \n(1) In general \nThe Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy. (2) Governmental experts \nThe number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government. (3) Employee status \nMembers of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. (c) Responsibilities \nThe Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary. (d) Personally identifiable information \nIn carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information.", "id": "H746BBADEC7DC4DB29569CF399907EB36", "header": "United States Merchant Marine Academy Advisory Council" }, { "text": "51324. Unfilled vacancies \n(a) In general \nIn the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions. (b) Critical position defined \nIn this section, the term critical position means a position that contributes to the improvement of— (1) the culture or infrastructure of the Academy; (2) student health and well being; (3) Academy governance; or (4) any other priority areas identified by the Council.", "id": "H6D3EFED473B445E4A04E26A47D11C2B1", "header": "Unfilled vacancies" }, { "text": "3511. Effective period for issuance of documentation for recreational vessels \nSection 12105(e)(2) of title 46, United States Code, is amended— (1) by striking subparagraphs (A) and (B) and inserting the following: (A) In general \nThe owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for a certificate of documentation for a recreational vessel or the renewal thereof. ; and (2) by redesignating subparagraph (C) as subparagraph (B).", "id": "HF576F765DCA8415198AB568A677BB946", "header": "Effective period for issuance of documentation for recreational vessels" }, { "text": "3512. Committees on maritime matters \n(a) In general \n(1) Chapter 555 of title 46, United States Code, is redesignated as chapter 504 of such title and transferred to appear after chapter 503 of such title. (2) Chapter 504 of such title, as redesignated by paragraph (1), is amended in the chapter heading by striking Miscellaneous and inserting Committees. (3) Sections 55501 and 55502 of such title are redesignated as section 50401 and section 50402, respectively, of such title and transferred to appear in chapter 504 of such title (as redesignated by paragraph (1)). (4) The section heading for section 50401 of such title, as redesignated by paragraph (3), is amended to read as follows: United States Committee on the Marine Transportation System. (b) Conforming amendment \nSection 8332(b)(1) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (division G of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 )) is amended by striking section 55502 and inserting section 50402. (c) Clerical amendments \n(1) The analysis for chapter 504 of title 46, United States Code, as redesignated by subsection (a)(1), is amended to read as follows: Chapter 504—Committees Sec. 50401. United States Committee on the Marine Transportation System. 50402. Maritime Transportation System National Advisory Committee.. (2) The table of chapters for subtitle V of title 46, United States Code, is amended— (A) by inserting after the item relating to chapter 503 the following: 504. Committees 50401 ; and (B) by striking the item relating to chapter 555.", "id": "H80C15059932F4B538997B04B93CC2C31", "header": "Committees on maritime matters" }, { "text": "3513. Port Infrastructure Development Program \n(a) In general \n(1) Part C of subtitle V of title 46, United States Code, is amended by adding at the end the following: 543 Port Infrastructure Development Program \nSec. 54301. Port infrastructure development program. 54301. Port infrastructure development program \n. (2) Subsections (c), (d), and (e) of section 50302 of such title are redesignated as subsections (a), (b), and (c) of section 54301 of such title, respectively, and transferred to appear in chapter 543 of such title (as added by paragraph (1)). (b) Amendments to section 54301 \nSection 54301 of such title, as redesignated by subsection (a)(2), is amended— (1) in subsection (a)— (A) in paragraph (2) by striking or subsection (d) and inserting or subsection (b) ; (B) in paragraph (3)(A)(ii)— (i) in subclause (II) by striking ; or and inserting a semicolon; (ii) by striking subclause (III); and (iii) by adding at the end the following: (III) operational improvements, including projects to improve port resilience; or (IV) environmental and emission mitigation measures; including projects for— (aa) port electrification or electrification master planning; (bb) harbor craft or equipment replacements or retrofits; (cc) development of port or terminal microgrids; (dd) providing idling reduction infrastructure; (ee) purchase of cargo handling equipment and related infrastructure; (ff) worker training to support electrification technology; (gg) installation of port bunkering facilities from oceangoing vessels for fuels; (hh) electric vehicle charge or hydrogen refueling infrastructure for drayage and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or (ii) other related port activities, including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies. ; (C) in paragraph (5)— (i) in subparagraph (A) by striking or subsection (d) and inserting or subsection (b) ; and (ii) in subparagraph (B) by striking subsection (d) and inserting subsection (b) ; (D) in paragraph (6)(B)— (i) in clause (i) by striking ; and and inserting a semicolon; (ii) in clause (ii) by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) a port’s increased resilience as a result of the project. ; (E) in paragraph (7)— (i) in subparagraph (B)— (I) by striking subsection (d) in each place it appears and inserting subsection (b) ; and (II) by striking 18 percent and inserting 25 percent ; (ii) in subparagraph (C) by striking subsection (d)(3)(A)(ii)(III) and inserting subsection (b)(3)(A)(ii)(III) ; (F) in paragraph (8)— (i) in subparagraph (A) by striking or subsection (d) and inserting or subsection (b) ; and (ii) in subparagraph (B)— (I) in clause (i) by striking subsection (d) and inserting subsection (b) ; and (II) in clause (ii) by striking subsection (d) and inserting subsection (b) ; (G) in paragraph (9) by striking subsection (d) and inserting subsection (b) ; (H) in paragraph (10)— (i) in subparagraph (A), by striking subsection (d) and inserting subsection (b) ; (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (iii) by inserting after subparagraph (A) the following new subparagraph (B): (B) Efficient use of non-Federal funds \n(i) In general \nNotwithstanding any other provision of law ans subject to approval by the Secretary, in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed— (I) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and (II) any non-Federal funds obligated or expended in accordance with subclause (I) shall be credited toward the non-Federal cost share for the project for which the grant is provided. (ii) Requirements \n(I) Application \nIn order to obligate and expend non-Federal funds under clause (i), the grant recipient shall submit to the Secretary a request to obligate and expend non- Federal funds under that clause, including— (aa) a description of the activities the grant recipient intends to fund; (bb) a justification for advancing the activities described in item (aa), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and (cc) the level of risk of the activities described in item (aa). (II) Approval \nThe Secretary shall approve or disapprove each request submitted under subclause (I). (III) Compliance with applicable requirements \nAny obligation or expenditure of non-Federal funds under clause (i) shall be in compliance with all applicable requirements, including any requirements included in the grant agreement. (iii) Effect \nThe obligation or expenditure of any non-Federal funds in accordance with this subparagraph shall not— (I) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; (II) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or (III) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in clause (i). ; and (I) in paragraph (12)— (i) by striking subsection (d) and inserting subsection (b) ; and (ii) by adding at the end the following: (D) Resilience \nThe term resilience means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or manmade hazards, such as sea level rise, flooding, earthquakes, hurricanes, tsunami inundation or other extreme weather events. ; (2) in subsection (b)— (A) in the subsection heading by striking Inland and inserting Inland River ; (B) in paragraph (1) by striking subsection (c)(7)(B) and inserting subsection (a)(7)(B) ; (C) in paragraph (3)(A)(ii)(III) by striking subsection (c)(3)(B) and inserting subsection (a)(3)(B) ; and (D) in paragraph (5)(A) by striking subsection (c)(8)(B) and inserting subsection (a)(8)(B) ; and (3) in subsection (c)— (A) by striking subsection (c) or subsection (d) and inserting subsection (a) or subsection (b) ; and (B) by striking subsection (c)(2) and inserting subsection (a)(2). (c) Grants for emission mitigation measures \nFor fiscal year 2022, the Secretary may make grants under section 54301(a) of title 46, United States Code, as redesignated by subsection (a)(2) and amended by subsection (b), to provide for emission mitigation measures that provide for the use of shore power for vessels to which sections 3507 and 3508 of such title apply, if such grants meet the other requirements set out in such section 54301(a). (d) Clerical amendments \nThe table of chapters for subtitle V of title 46, United States Code, as amended by this title, is further amended by inserting after the item relating to chapter 541 the following: 543. Port Infrastructure Development Program 54301.", "id": "H1108C6B3AC0D4B98A4F22D0952AFAFC7", "header": "Port Infrastructure Development Program" }, { "text": "54301. Port infrastructure development program", "id": "H354D927C090B415A89FD24B7144E5F6A", "header": "Port infrastructure development program" }, { "text": "3514. Uses of emerging marine technologies and practices \nSection 50307 of title 46, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Uses \nThe results of activities conducted under subsection (b)(1) shall be used to inform— (1) the policy decisions of the United States related to domestic regulations; and (2) the position of the United States on matters before the International Maritime Organization..", "id": "H5BDFFDC35B384C5E9BC3610FBDF107F0", "header": "Uses of emerging marine technologies and practices" }, { "text": "3515. Prohibition on participation of long term charters in Tanker Security Fleet \n(a) Definition of long term charter \nSection 53401 of title 46, United States Code, is amended by adding at the end the following new paragraph: (8) Long term charter \nThe term long term charter means any time charter of a product tank vessel to the United States Government that, together with options, occurs for a continuous period of more than 180 days.. (b) Participation of long term charters in Tanker Security Fleet \nSection 53404(b) of such title is amended— (1) by striking The program participant of a and inserting Any ; (2) by inserting long term before charter ; (3) by inserting not before eligible ; and (4) by striking receive payments pursuant to any operating agreement that covers such vessel and inserting participate in the Fleet.", "id": "H10FE62FBD0744E7B82DFFF24C5F99134", "header": "Prohibition on participation of long term charters in Tanker Security Fleet" }, { "text": "3516. Coastwise endorsement \nNotwithstanding section 12112 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel WIDGEON (United States official number 1299656).", "id": "H9C187BDBEFE841FAAF43D9B5F4F9CBF2", "header": "Coastwise endorsement" }, { "text": "3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Director of the Office of Naval Research, the co-chairs of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act ( 16 U.S.C. 8031 ), and the heads of other relevant agencies, as determined by the Secretary, shall submit to the appropriate congressional committees a report on the combatant commands’ maritime domain awareness efforts to combat the threats posed by illegal, unreported, and unregulated fishing. (b) Contents of report \nThe report required by subsection (a) shall include a detailed summary of each of the following for each combatant command: (1) The activities undertaken to date to combat the threats posed by illegal, unreported, and unregulated fishing in the geographic area of the combatant command, including the steps taken to build partner capacity to combat such threats. (2) Coordination with the Armed Forces of the United States, partner nations, and public-private partnerships to combat such threats. (3) Efforts undertaken to support unclassified data integration, analysis, and delivery with regional partners to combat such threats. (4) Information sharing and coordination with efforts of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act ( 16 U.S.C. 8031 ). (5) Best practices and lessons learned from existing and previous efforts relating to such threats, including strategies for coordination and success in public-private partnerships. (6) Limitations related to affordability, resource constraints, or other gaps or factors that affect the success or expansion of efforts related to such threats. (7) Any new authorities needed to support efforts to combat such threats. (c) Form of report \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees \nIn this section, the term appropriate congressional committees means— (1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.", "id": "H26EC86082BE446678C39902A01CCC350", "header": "Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing" }, { "text": "3518. Authorization to purchase duplicate medals \n(a) In general \nThe Secretary of Transportation, acting through the Administrator of the Maritime Administration, may use funds appropriated for the fiscal year in which the date of the enactment of this Act occurs, or funds appropriated for any prior fiscal year, for the Maritime Administration to purchase duplicate medals authorized under the Merchant Mariners of World War II Congressional Gold Medal Act of 2020 ( Public Law 116–125 ) and provide such medals to eligible individuals who engaged in qualified service who submit an application under subsection (b) and were United States merchant mariners of World War II. (b) Application \nTo be eligible to receive a medal described in subsection (a), an eligible individual who engaged in qualified service shall submit to the Administrator an application containing such information and assurances as the Administrator may require. (c) Eligible individual who engaged in qualified service \nIn this section, the term eligible individual who engaged in qualified service means an individual who, between December 7, 1941, and December 31, 1946— (1) was a member of the United States merchant marine, including the Army Transport Service and the Navy Transport Service, serving as a crewmember of a vessel that was— (A) operated by the War Shipping Administration, the Office of Defense Transportation, or an agent of such departments; (B) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, or harbors of the United States; (C) under contract or charter to, or property of, the Government of the United States; and (D) serving in the Armed Forces; and (2) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.", "id": "H768E030A4FE64C7CB65155A852D3F88B", "header": "Authorization to purchase duplicate medals" }, { "text": "4001. Authorization of amounts in funding tables \n(a) In general \nWhenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations. (b) Merit-based decisions \n(1) In general \nA decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (A) except as provided in paragraph (2), be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and (B) comply with other applicable provisions of law. (2) Exception \nParagraph (1)(A) does not apply to a decision to commit, obligate, or expend funds on the basis of a dollar amount authorized pursuant to subsection (a) if the project, program, or activity involved— (A) is listed in section 4201; and (B) is identified as Community Project Funding through the inclusion of the abbreviation CPF immediately before the name of the project, program, or activity. (c) Relationship to transfer and programming authority \nAn amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d) Applicability to classified annex \nThis section applies to any classified annex that accompanies this Act. (e) Oral and written communications \nNo oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.", "id": "HA123E43B20BA4271B4FBF96D214BF4A8", "header": "Authorization of amounts in funding tables" }, { "text": "4101. Procurement \nSEC. 4101. PROCUREMENT (In Thousands of Dollars) Line Item FY 2022 Request Conference Authorized AIRCRAFT PROCUREMENT, ARMY FIXED WING 001 UTILITY F/W AIRCRAFT 20,000 Program increase—fixed wing avionics upgrade [20,000] 004 SMALL UNMANNED AIRCRAFT SYSTEM 16,005 16,005 ROTARY 007 AH–64 APACHE BLOCK IIIA REMAN 504,136 494,136 Unit cost growth [–10,000] 008 AH–64 APACHE BLOCK IIIA REMAN 192,230 192,230 010 UH–60 BLACKHAWK M MODEL (MYP) 630,263 841,763 UH–60 Black Hawk for Army Guard [211,500] 011 UH–60 BLACKHAWK M MODEL (MYP) 146,068 146,068 012 UH–60 BLACK HAWK L AND V MODELS 166,205 166,205 013 CH–47 HELICOPTER 145,218 397,218 Army UFR—Support minimum sustainment rate [252,000] 014 CH–47 HELICOPTER AP 18,559 47,559 Program increase—F Block II [29,000] MODIFICATION OF AIRCRAFT 017 GRAY EAGLE MODS2 3,143 33,143 Program increase—recapitalization of legacy MQ–1C to extended range MDO configuration [30,000] 018 MULTI SENSOR ABN RECON 127,665 122,910 Unjustified cost—spares [–4,755] 019 AH–64 MODS 118,560 118,560 020 CH–47 CARGO HELICOPTER MODS (MYP) 9,918 11,918 Program increase—improved vibration control [2,000] 021 GRCS SEMA MODS 2,762 2,762 022 ARL SEMA MODS 9,437 9,437 023 EMARSS SEMA MODS 1,568 1,568 024 UTILITY/CARGO AIRPLANE MODS 8,530 8,530 025 UTILITY HELICOPTER MODS 15,826 40,826 UH–72 modernization [25,000] 026 NETWORK AND MISSION PLAN 29,206 29,206 027 COMMS, NAV SURVEILLANCE 58,117 58,117 029 AVIATION ASSURED PNT 47,028 45,862 Excess to need [–1,166] 030 GATM ROLLUP 16,776 16,776 032 UAS MODS 3,840 3,840 GROUND SUPPORT AVIONICS 033 AIRCRAFT SURVIVABILITY EQUIPMENT 64,561 64,561 034 SURVIVABILITY CM 5,104 5,104 035 CMWS 148,570 148,570 036 COMMON INFRARED COUNTERMEASURES (CIRCM) 240,412 238,012 Training support cost growth [–2,400] OTHER SUPPORT 038 COMMON GROUND EQUIPMENT 13,561 13,561 039 AIRCREW INTEGRATED SYSTEMS 41,425 41,425 040 AIR TRAFFIC CONTROL 21,759 21,759 TOTAL AIRCRAFT PROCUREMENT, ARMY 2,806,452 3,357,631 MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 002 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN 35,473 35,473 003 M-SHORAD—PROCUREMENT 331,575 331,575 004 MSE MISSILE 776,696 776,696 005 PRECISION STRIKE MISSILE (PRSM) 166,130 166,130 006 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I 25,253 20,253 Maintain level of effort [–5,000] AIR-TO-SURFACE MISSILE SYSTEM 007 HELLFIRE SYS SUMMARY 118,800 115,800 Unit cost growth [–3,000] 008 JOINT AIR-TO-GROUND MSLS (JAGM) 152,177 214,177 Army UFR—Additional JAGM procurement [67,000] Unit cost growth [–5,000] 009 LONG RANGE PRECISION MUNITION 44,744 44,744 ANTI-TANK/ASSAULT MISSILE SYS 010 JAVELIN (AAWS-M) SYSTEM SUMMARY 120,842 125,842 Army UFR—Light Weight Command Launch Units [5,000] 011 TOW 2 SYSTEM SUMMARY 104,412 102,412 Excess to need [–2,000] 012 GUIDED MLRS ROCKET (GMLRS) 935,917 968,262 Army UFR—Restores GMLRS procurement [50,000] Tooling request previously funded [–17,655] 013 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 29,574 29,574 014 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 128,438 128,438 016 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS 68,278 68,278 MODIFICATIONS 017 PATRIOT MODS 205,469 205,469 021 AVENGER MODS 11,227 11,227 022 ITAS/TOW MODS 4,561 4,561 023 MLRS MODS 273,856 273,856 024 HIMARS MODIFICATIONS 7,192 7,192 SPARES AND REPAIR PARTS 025 SPARES AND REPAIR PARTS 5,019 5,019 SUPPORT EQUIPMENT & FACILITIES 026 AIR DEFENSE TARGETS 10,618 10,618 TOTAL MISSILE PROCUREMENT, ARMY 3,556,251 3,645,596 PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 001 ARMORED MULTI PURPOSE VEHICLE (AMPV) 104,727 104,727 002 ASSAULT BREACHER VEHICLE (ABV) 16,454 16,454 003 MOBILE PROTECTED FIREPOWER 286,977 286,977 MODIFICATION OF TRACKED COMBAT VEHICLES 005 STRYKER UPGRADE 1,005,028 1,120,028 Excess growth [–24,000] Program increase [139,000] 006 BRADLEY PROGRAM (MOD) 461,385 538,354 Army UFR—Improved Bradley Acquisition System upgrade [56,969] Program increase [20,000] 007 M109 FOV MODIFICATIONS 2,534 2,534 008 PALADIN INTEGRATED MANAGEMENT (PIM) 446,430 673,430 Army UFR—PIM increase [227,000] 009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) 52,059 52,059 010 ASSAULT BRIDGE (MOD) 2,136 2,136 013 JOINT ASSAULT BRIDGE 110,773 110,773 015 ABRAMS UPGRADE PROGRAM 981,337 1,350,337 Army UFR—Abrams ARNG M1A2SEPv3 fielding [369,000] 016 VEHICLE PROTECTION SYSTEMS (VPS) 80,286 80,286 WEAPONS & OTHER COMBAT VEHICLES 018 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S 31,623 31,623 019 MORTAR SYSTEMS 37,485 50,338 Army UFR—120mm mortar cannon [12,853] 020 XM320 GRENADE LAUNCHER MODULE (GLM) 8,666 8,666 021 PRECISION SNIPER RIFLE 11,040 10,040 Unit cost growth [–1,000] 023 CARBINE 4,434 4,434 024 NEXT GENERATION SQUAD WEAPON 97,087 97,087 026 HANDGUN 4,930 4,930 MOD OF WEAPONS AND OTHER COMBAT VEH 027 MK–19 GRENADE MACHINE GUN MODS 13,027 13,027 028 M777 MODS 21,976 23,771 Army UFR—Software Defined Radio-Hardware Integration Kits [1,795] 030 M2 50 CAL MACHINE GUN MODS 3,612 21,527 Army UFR—Additional M2A1s for MATVs [17,915] SUPPORT EQUIPMENT & FACILITIES 036 ITEMS LESS THAN $5.0M (WOCV-WTCV) 1,068 1,068 037 PRODUCTION BASE SUPPORT (WOCV-WTCV) 90,819 90,819 TOTAL PROCUREMENT OF W&TCV, ARMY 3,875,893 4,695,425 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 001 CTG, 5.56MM, ALL TYPES 47,490 79,890 Army UFR—Enhanced Performance Round and Tracer [32,400] 002 CTG, 7.62MM, ALL TYPES 74,870 101,926 Program increase [28,473] Unit cost growth [–1,417] 003 NEXT GENERATION SQUAD WEAPON AMMUNITION 76,794 76,794 004 CTG, HANDGUN, ALL TYPES 7,812 7,812 005 CTG,.50 CAL, ALL TYPES 29,716 58,116 Program increase [28,400] 006 CTG, 20MM, ALL TYPES 4,371 4,371 008 CTG, 30MM, ALL TYPES 34,511 34,511 009 CTG, 40MM, ALL TYPES 35,231 46,731 Army UFR—MK19 training and war reserves [14,000] BA54 and BA55 uncertainty [–2,500] MORTAR AMMUNITION 010 60MM MORTAR, ALL TYPES 23,219 23,219 011 81MM MORTAR, ALL TYPES 52,135 52,135 012 120MM MORTAR, ALL TYPES 104,144 98,944 Unit cost growth [–5,200] TANK AMMUNITION 013 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 224,503 217,603 Unit cost growth [–6,900] ARTILLERY AMMUNITION 014 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 26,709 57,553 Army UPL [30,844] 015 ARTILLERY PROJECTILE, 155MM, ALL TYPES 174,015 174,715 Army UFR—Additional inventory [5,000] Unit cost growth [–4,300] 016 PROJ 155MM EXTENDED RANGE M982 73,498 61,498 Unit cost growth [–12,000] 017 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 150,873 143,373 Unit cost growth [–7,500] MINES 018 MINES & CLEARING CHARGES, ALL TYPES 25,980 20,980 Excess to need [–5,000] 019 CLOSE TERRAIN SHAPING OBSTACLE 34,761 34,761 ROCKETS 020 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 24,408 22,408 Excess to need [–2,000] 021 ROCKET, HYDRA 70, ALL TYPES 109,536 117,536 Program increase [8,000] OTHER AMMUNITION 022 CAD/PAD, ALL TYPES 6,549 6,549 023 DEMOLITION MUNITIONS, ALL TYPES 27,904 27,904 024 GRENADES, ALL TYPES 37,437 37,437 025 SIGNALS, ALL TYPES 7,530 7,530 026 SIMULATORS, ALL TYPES 8,350 8,350 027 REACTIVE ARMOR TILES 17,755 17,755 MISCELLANEOUS 028 AMMO COMPONENTS, ALL TYPES 2,784 2,784 029 ITEMS LESS THAN $5 MILLION (AMMO) 17,797 17,797 030 AMMUNITION PECULIAR EQUIPMENT 12,290 12,290 031 FIRST DESTINATION TRANSPORTATION (AMMO) 4,331 4,331 032 CLOSEOUT LIABILITIES 99 99 PRODUCTION BASE SUPPORT 034 INDUSTRIAL FACILITIES 538,120 642,620 Army UFR—Demolition of Legacy Nitrate Esters (Nitroglycerin) NG1 Facility, Radford Army Ammunition Plant (RFAAP), Virginia [40,000] Army UFR—Environmental, Safety, Construction, Maintenance and Repair of GOCO Facilities in VA, TN, MO, PA, & IA [40,000] Army UFR—Pyrotechnics Energetic Capability (PEC) construction at Lake City Army Ammunition Plant (LCAAP), Missouri [12,000] Army UFR—Solvent Propellant Facility, Preliminary Design, Radford Army Ammunition Plant, Virginia [12,500] 035 CONVENTIONAL MUNITIONS DEMILITARIZATION 139,410 232,410 Program increase [93,000] 036 ARMS INITIATIVE 3,178 3,178 TOTAL PROCUREMENT OF AMMUNITION, ARMY 2,158,110 2,455,910 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 002 SEMITRAILERS, FLATBED: 12,539 18,931 Army UFR—M872 semitrailer [6,392] 003 SEMITRAILERS, TANKERS 17,985 17,985 004 HI MOB MULTI-PURP WHLD VEH (HMMWV) 60,706 60,706 005 GROUND MOBILITY VEHICLES (GMV) 29,807 37,307 Program increase—infantry squad vehicle [7,500] 008 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL 574,562 605,562 Army UFR—Additional JLTV fielding [120,000] Early to need [–89,000] 009 TRUCK, DUMP, 20T (CCE) 9,882 19,632 Program increase [9,750] 010 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 36,885 61,885 Program increase [25,000] 011 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE 16,450 16,450 012 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 26,256 26,256 013 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 64,282 64,282 014 PLS ESP 16,943 16,943 015 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV 109,000 Program increase [109,000] 017 TACTICAL WHEELED VEHICLE PROTECTION KITS 17,957 17,957 018 MODIFICATION OF IN SVC EQUIP 29,349 212,650 HMMWV modifications [183,301] NON-TACTICAL VEHICLES 020 PASSENGER CARRYING VEHICLES 1,232 1,232 021 NONTACTICAL VEHICLES, OTHER 24,246 19,246 Excess carryover [–5,000] COMM—JOINT COMMUNICATIONS 022 SIGNAL MODERNIZATION PROGRAM 140,036 142,536 Army UFR—Multi-Domain Task Force All-Domain Operations Center cloud pilot [2,500] 023 TACTICAL NETWORK TECHNOLOGY MOD IN SVC 436,524 429,024 Excess to need [–7,500] 025 DISASTER INCIDENT RESPONSE COMMS TERMINAL 3,863 3,863 026 JCSE EQUIPMENT (USRDECOM) 4,845 4,845 COMM—SATELLITE COMMUNICATIONS 029 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 97,369 97,369 030 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 120,550 120,550 031 SHF TERM 38,129 38,129 032 ASSURED POSITIONING, NAVIGATION AND TIMING 115,291 112,791 Excess to need [–2,500] 033 SMART-T (SPACE) 15,407 15,407 034 GLOBAL BRDCST SVC—GBS 2,763 2,763 COMM—C3 SYSTEM 037 COE TACTICAL SERVER INFRASTRUCTURE (TSI) 99,858 99,858 COMM—COMBAT COMMUNICATIONS 038 HANDHELD MANPACK SMALL FORM FIT (HMS) 775,069 730,069 Cost deviation [–5,000] Single channel data radio program decrease [–35,000] Support cost excess to need [–5,000] 040 ARMY LINK 16 SYSTEMS 17,749 17,749 042 UNIFIED COMMAND SUITE 17,984 17,984 043 COTS COMMUNICATIONS EQUIPMENT 191,702 185,702 Unit cost growth [–6,000] 044 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 15,957 15,957 045 ARMY COMMUNICATIONS & ELECTRONICS 89,441 79,441 Insufficient justification [–10,000] COMM—INTELLIGENCE COMM 047 CI AUTOMATION ARCHITECTURE-INTEL 13,317 13,317 048 DEFENSE MILITARY DECEPTION INITIATIVE 5,207 5,207 049 MULTI-DOMAIN INTELLIGENCE 20,095 20,095 INFORMATION SECURITY 051 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 987 987 052 COMMUNICATIONS SECURITY (COMSEC) 126,273 126,273 053 DEFENSIVE CYBER OPERATIONS 27,389 31,489 Army UFR—Cybersecurity / IT Network Mapping [4,100] 056 SIO CAPABILITY 21,303 21,303 057 BIOMETRIC ENABLING CAPABILITY (BEC) 914 914 COMM—LONG HAUL COMMUNICATIONS 059 BASE SUPPORT COMMUNICATIONS 9,209 24,209 Land mobile radios [15,000] COMM—BASE COMMUNICATIONS 060 INFORMATION SYSTEMS 219,026 219,026 061 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,875 4,875 064 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 223,001 225,041 EUCOM UFR—Mission Partner Environment [2,040] ELECT EQUIP—TACT INT REL ACT (TIARA) 067 JTT/CIBS-M 5,463 5,463 068 TERRESTRIAL LAYER SYSTEMS (TLS) 39,240 39,240 070 DCGS-A-INTEL 92,613 119,563 Army UFR—Additional fixed node cloud servers [26,950] 071 JOINT TACTICAL GROUND STATION (JTAGS)-INTEL 8,088 8,088 072 TROJAN 30,828 30,828 073 MOD OF IN-SVC EQUIP (INTEL SPT) 39,039 39,039 074 BIOMETRIC TACTICAL COLLECTION DEVICES 11,097 11,097 ELECT EQUIP—ELECTRONIC WARFARE (EW) 076 EW PLANNING & MANAGEMENT TOOLS (EWPMT) 783 783 077 AIR VIGILANCE (AV) 13,486 13,486 079 FAMILY OF PERSISTENT SURVEILLANCE CAP. 14,414 14,414 080 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 19,111 19,111 081 CI MODERNIZATION 421 421 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 082 SENTINEL MODS 47,642 47,642 083 NIGHT VISION DEVICES 1,092,341 828,875 IVAS ahead of need [–213,466] Transfer to RDTE, Army line 98 [–50,000] 084 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 21,103 21,103 085 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 6,153 6,153 086 FAMILY OF WEAPON SIGHTS (FWS) 184,145 184,145 087 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE 2,371 2,371 088 FORWARD LOOKING INFRARED (IFLIR) 11,929 11,929 089 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) 60,058 60,058 090 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 263,661 259,661 Unit cost growth [–4,000] 091 JOINT EFFECTS TARGETING SYSTEM (JETS) 62,082 62,082 093 COMPUTER BALLISTICS: LHMBC XM32 2,811 2,811 094 MORTAR FIRE CONTROL SYSTEM 17,236 17,236 095 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS 2,830 2,830 096 COUNTERFIRE RADARS 31,694 26,694 Excess to need [–5,000] ELECT EQUIP—TACTICAL C2 SYSTEMS 097 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE 49,410 49,410 098 FIRE SUPPORT C2 FAMILY 9,853 9,853 099 AIR & MSL DEFENSE PLANNING & CONTROL SYS 67,193 67,193 100 IAMD BATTLE COMMAND SYSTEM 301,872 291,872 Excess costs previously funded [–10,000] 101 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 5,182 5,182 102 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 31,349 31,349 104 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 11,271 11,271 105 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 16,077 16,077 107 MOD OF IN-SVC EQUIPMENT (ENFIRE) 3,160 9,160 Program increase—land surveying systems [6,000] ELECT EQUIP—AUTOMATION 108 ARMY TRAINING MODERNIZATION 9,833 9,833 109 AUTOMATED DATA PROCESSING EQUIP 130,924 133,924 Army UFR—ATRRS unlimited data rights [3,000] 110 ACCESSIONS INFORMATION ENVIRONMENT (AIE) 44,635 39,635 Program decrease [–5,000] 111 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM 1,452 1,452 112 HIGH PERF COMPUTING MOD PGM (HPCMP) 69,943 69,943 113 CONTRACT WRITING SYSTEM 16,957 16,957 114 CSS COMMUNICATIONS 73,110 73,110 115 RESERVE COMPONENT AUTOMATION SYS (RCAS) 12,905 12,905 ELECT EQUIP—SUPPORT 117 BCT EMERGING TECHNOLOGIES 13,835 13,835 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 18,304 18,304 CHEMICAL DEFENSIVE EQUIPMENT 119 BASE DEFENSE SYSTEMS (BDS) 62,295 62,295 120 CBRN DEFENSE 55,632 55,632 BRIDGING EQUIPMENT 122 TACTICAL BRIDGING 9,625 9,625 123 TACTICAL BRIDGE, FLOAT-RIBBON 76,082 76,082 124 BRIDGE SUPPLEMENTAL SET 19,867 19,867 125 COMMON BRIDGE TRANSPORTER (CBT) RECAP 109,796 109,796 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 126 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 5,628 5,628 128 HUSKY MOUNTED DETECTION SYSTEM (HMDS) 26,823 75,123 Army UFR—Additional HMDS [48,300] 131 ROBOTICS AND APPLIQUE SYSTEMS 124,233 134,233 Army UFR—Common Robotic System-Individual (CRS-I) [10,000] 132 RENDER SAFE SETS KITS OUTFITS 84,000 87,158 Army UFR—Additional render safe equipment [3,158] COMBAT SERVICE SUPPORT EQUIPMENT 134 HEATERS AND ECU'S 7,116 5,116 Contract delay [–2,000] 135 SOLDIER ENHANCEMENT 1,286 7,786 Program increase [6,500] 136 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 9,741 9,741 137 GROUND SOLDIER SYSTEM 150,244 150,244 138 MOBILE SOLDIER POWER 17,815 17,815 139 FORCE PROVIDER 28,860 28,860 140 FIELD FEEDING EQUIPMENT 2,321 2,321 141 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 40,240 40,240 142 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS 36,163 36,163 PETROLEUM EQUIPMENT 144 QUALITY SURVEILLANCE EQUIPMENT 744 744 145 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 72,296 76,716 Army UFR—Modular Fuel System (MFS) [4,420] MEDICAL EQUIPMENT 146 COMBAT SUPPORT MEDICAL 122,145 122,145 MAINTENANCE EQUIPMENT 147 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 14,756 12,856 Excess carryover [–1,900] CONSTRUCTION EQUIPMENT 154 ALL TERRAIN CRANES 112,784 107,784 Cost savings [–5,000] 156 CONST EQUIP ESP 8,694 8,694 RAIL FLOAT CONTAINERIZATION EQUIPMENT 158 ARMY WATERCRAFT ESP 44,409 58,009 Army UFR—Landing Craft Utility modernization [13,600] 159 MANEUVER SUPPORT VESSEL (MSV) 76,660 76,660 GENERATORS 161 GENERATORS AND ASSOCIATED EQUIP 47,606 47,606 162 TACTICAL ELECTRIC POWER RECAPITALIZATION 10,500 10,500 MATERIAL HANDLING EQUIPMENT 163 FAMILY OF FORKLIFTS 13,325 13,325 TRAINING EQUIPMENT 164 COMBAT TRAINING CENTERS SUPPORT 79,565 79,565 165 TRAINING DEVICES, NONSYSTEM 174,644 174,644 166 SYNTHETIC TRAINING ENVIRONMENT (STE) 122,104 92,266 RVCT ahead of need [–29,838] 168 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 11,642 10,642 Excess carryover [–1,000] TEST MEASURE AND DIG EQUIPMENT (TMD) 170 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 42,934 42,934 172 TEST EQUIPMENT MODERNIZATION (TEMOD) 24,304 24,304 OTHER SUPPORT EQUIPMENT 174 PHYSICAL SECURITY SYSTEMS (OPA3) 86,930 86,930 175 BASE LEVEL COMMON EQUIPMENT 27,823 27,823 176 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 32,392 32,392 177 BUILDING, PRE-FAB, RELOCATABLE 32,227 32,227 179 SPECIAL EQUIPMENT FOR TEST AND EVALUATION 76,917 76,917 OPA2 180 INITIAL SPARES—C&E 9,272 9,272 TOTAL OTHER PROCUREMENT, ARMY 8,873,558 8,987,865 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 001 F/A–18E/F (FIGHTER) HORNET 87,832 977,161 Production line shutdown [–10,671] Program increase—12 additional aircraft [900,000] 003 JOINT STRIKE FIGHTER CV 2,111,009 2,060,757 Unit cost savings [–50,252] 004 JOINT STRIKE FIGHTER CV 246,781 246,781 005 JSF STOVL 2,256,829 2,317,929 F–35 B PGSE & depot support—USMC UPL [128,800] Target cost savings [–67,700] 006 JSF STOVL 216,720 216,720 007 CH–53K (HEAVY LIFT) 1,286,296 1,503,126 Excess to need—pub/tech data [–14,782] GFE electronics excess growth [–3,388] Program increase—two additional aircraft [250,000] Unjustified growth—NRE production capacity [–15,000] 008 CH–53K (HEAVY LIFT) 182,871 182,871 009 V–22 (MEDIUM LIFT) 751,716 1,500,516 Program increase—five additional MV–22 [414,400] Program increase—four additional CMV–22 [334,400] 011 H–1 UPGRADES (UH–1Y/AH–1Z) 939 939 013 P–8A POSEIDON 44,595 384,595 Additional aircraft [340,000] 014 E–2D ADV HAWKEYE 766,788 957,788 Navy UFR—Additional E–2D [191,000] 015 E–2D ADV HAWKEYE 118,095 118,095 TRAINER AIRCRAFT 016 ADVANCED HELICOPTER TRAINING SYSTEM 163,490 163,490 OTHER AIRCRAFT 017 KC–130J 520,787 947,187 Marine Corps UFR—KC–130J weapons system trainer [31,500] Marine Corps UFR—Replace KC–130J aircraft [197,900] Two additional C–130J aircraft—Navy UPL [197,000] 018 KC–130J 68,088 68,088 021 MQ–4 TRITON 160,151 483,151 Additional aircraft [323,000] 023 MQ–8 UAV 49,249 49,249 024 STUASL0 UAV 13,151 13,151 025 MQ–25 47,468 47,468 027 MARINE GROUP 5 UAS 233,686 273,686 Marine Corps UFR—Additional aircraft [40,000] MODIFICATION OF AIRCRAFT 030 F–18 A-D UNIQUE 163,095 244,595 F/A–18 aircraft structural life management (OSIP 11–99) inner wing installation excess cost growth [–1,000] Marine Corps UFR—F–18 ALR–67(V)5 radar warning receiver [55,000] Marine Corps UFR—F–18C/D AESA radar upgrade [27,500] 031 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM 482,899 482,899 032 MARINE GROUP 5 UAS SERIES 1,982 1,982 033 AEA SYSTEMS 23,296 20,221 Excess support costs [–3,075] 034 AV–8 SERIES 17,882 17,882 035 INFRARED SEARCH AND TRACK (IRST) 138,827 120,377 Limit production growth [–18,450] 036 ADVERSARY 143,571 143,571 037 F–18 SERIES 327,571 327,571 038 H–53 SERIES 112,436 109,136 Excess to need [–3,300] 039 MH–60 SERIES 94,794 94,794 040 H–1 SERIES 124,194 118,857 Excess to need [–5,337] 041 EP–3 SERIES 28,848 28,848 042 E–2 SERIES 204,826 199,991 Electronic support measures (OSIP 007–21) excess installation costs [–1,800] Electronic support measures (OSIP 007–21) previously funded [–1,785] NAVWAR A-kit installation (OSIP 011–19) previously funded [–1,250] 043 TRAINER A/C SERIES 7,849 7,849 044 C–2A 2,843 2,843 045 C–130 SERIES 145,610 143,106 A and B kits (OSIP 019–14) unit cost growth [–2,504] 046 FEWSG 734 734 047 CARGO/TRANSPORT A/C SERIES 10,682 10,682 048 E–6 SERIES 128,029 128,029 049 EXECUTIVE HELICOPTERS SERIES 45,326 45,326 051 T–45 SERIES 158,772 158,772 052 POWER PLANT CHANGES 24,915 24,915 053 JPATS SERIES 22,955 22,955 054 AVIATION LIFE SUPPORT MODS 2,477 2,477 055 COMMON ECM EQUIPMENT 119,574 119,574 056 COMMON AVIONICS CHANGES 118,839 118,839 057 COMMON DEFENSIVE WEAPON SYSTEM 5,476 5,476 058 ID SYSTEMS 13,154 13,154 059 P–8 SERIES 131,298 115,998 Program delays [–15,300] 060 MAGTF EW FOR AVIATION 29,151 29,151 061 MQ–8 SERIES 31,624 31,624 062 V–22 (TILT/ROTOR ACFT) OSPREY 312,835 312,835 063 NEXT GENERATION JAMMER (NGJ) 266,676 266,676 064 F–35 STOVL SERIES 177,054 168,154 Block 4 B kits early to need [–8,900] 065 F–35 CV SERIES 138,269 131,369 TR–3/B4 delay [–6,900] 066 QRC 98,563 98,563 067 MQ–4 SERIES 7,100 7,100 068 RQ–21 SERIES 14,123 14,123 AIRCRAFT SPARES AND REPAIR PARTS 072 SPARES AND REPAIR PARTS 2,339,077 2,466,977 Marine Corps UFR—F–35B engine spares [117,800] Marine Corps UFR—KC–130J initial spares [7,000] Marine Corps UFR—KC–130J weapons system trainer initial spares [3,100] AIRCRAFT SUPPORT EQUIP & FACILITIES 073 COMMON GROUND EQUIPMENT 517,267 517,267 074 AIRCRAFT INDUSTRIAL FACILITIES 80,500 80,500 075 WAR CONSUMABLES 42,496 42,496 076 OTHER PRODUCTION CHARGES 21,374 21,374 077 SPECIAL SUPPORT EQUIPMENT 271,774 271,774 TOTAL AIRCRAFT PROCUREMENT, NAVY 16,477,178 19,804,184 WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 001 TRIDENT II MODS 1,144,446 1,144,446 SUPPORT EQUIPMENT & FACILITIES 002 MISSILE INDUSTRIAL FACILITIES 7,319 7,319 STRATEGIC MISSILES 003 TOMAHAWK 124,513 138,140 MK14 canisters previously funded [–3,743] Program increase—ten additional tomahawks [17,370] TACTICAL MISSILES 005 SIDEWINDER 86,366 82,788 Unit cost adjustment—AUR Block II [–2,624] Unit cost adjustment—CATM Block II [–954] 006 STANDARD MISSILE 521,814 521,814 007 STANDARD MISSILE 45,357 45,357 008 JASSM 37,039 37,039 009 SMALL DIAMETER BOMB II 40,877 40,877 010 RAM 92,981 73,015 Contract award delay [–19,966] 011 JOINT AIR GROUND MISSILE (JAGM) 49,702 49,702 012 HELLFIRE 7,557 7,557 013 AERIAL TARGETS 150,339 150,339 014 DRONES AND DECOYS 30,321 30,321 015 OTHER MISSILE SUPPORT 3,474 3,474 016 LRASM 161,212 161,212 017 NAVAL STRIKE MISSILE (NSM) 59,331 52,377 Program decrease [–6,954] MODIFICATION OF MISSILES 018 TOMAHAWK MODS 206,233 206,233 019 ESSM 248,619 161,519 ESSM block 2 contract award delays [–87,100] 021 AARGM 116,345 116,345 022 STANDARD MISSILES MODS 148,834 148,834 SUPPORT EQUIPMENT & FACILITIES 023 WEAPONS INDUSTRIAL FACILITIES 1,819 1,819 ORDNANCE SUPPORT EQUIPMENT 026 ORDNANCE SUPPORT EQUIPMENT 191,905 191,905 TORPEDOES AND RELATED EQUIP 027 SSTD 4,545 4,545 028 MK–48 TORPEDO 159,107 172,477 Contract award delay [–34,000] Navy UFR—Heavyweight Torpedo (HWT) quantity increase [50,000] Program decrease [–2,630] 029 ASW TARGETS 13,630 13,630 MOD OF TORPEDOES AND RELATED EQUIP 030 MK–54 TORPEDO MODS 106,112 106,112 031 MK–48 TORPEDO ADCAP MODS 35,680 35,680 032 MARITIME MINES 8,567 8,567 SUPPORT EQUIPMENT 033 TORPEDO SUPPORT EQUIPMENT 93,400 93,400 034 ASW RANGE SUPPORT 3,997 3,997 DESTINATION TRANSPORTATION 035 FIRST DESTINATION TRANSPORTATION 4,023 4,023 GUNS AND GUN MOUNTS 036 SMALL ARMS AND WEAPONS 14,909 14,909 MODIFICATION OF GUNS AND GUN MOUNTS 037 CIWS MODS 6,274 6,274 038 COAST GUARD WEAPONS 45,958 45,958 039 GUN MOUNT MODS 68,775 68,775 040 LCS MODULE WEAPONS 2,121 2,121 041 AIRBORNE MINE NEUTRALIZATION SYSTEMS 14,822 14,822 SPARES AND REPAIR PARTS 043 SPARES AND REPAIR PARTS 162,382 166,682 Navy UFR—Maritime outfitting and interim spares [4,300] TOTAL WEAPONS PROCUREMENT, NAVY 4,220,705 4,134,404 PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 001 GENERAL PURPOSE BOMBS 48,635 43,424 Excess to need—BLU–137 [–5,211] 002 JDAM 74,140 48,526 Contract award delay [–25,614] 003 AIRBORNE ROCKETS, ALL TYPES 75,383 75,383 004 MACHINE GUN AMMUNITION 11,215 11,215 005 PRACTICE BOMBS 52,225 52,225 006 CARTRIDGES & CART ACTUATED DEVICES 70,876 70,492 MK122 parachute deploy rocket unit cost overestimation [–384] 007 AIR EXPENDABLE COUNTERMEASURES 61,600 57,069 IR decoys previously funded [–4,531] 008 JATOS 6,620 6,620 009 5 INCH/54 GUN AMMUNITION 28,922 27,923 Unit cost growth—5\"/54 prop charge, full DA65 [–999] 010 INTERMEDIATE CALIBER GUN AMMUNITION 36,038 31,537 ALaMO contract award delay [–4,501] 011 OTHER SHIP GUN AMMUNITION 39,070 39,070 012 SMALL ARMS & LANDING PARTY AMMO 45,493 44,195 NSW SMCA previously funded [–1,298] 013 PYROTECHNIC AND DEMOLITION 9,163 9,163 015 AMMUNITION LESS THAN $5 MILLION 1,575 1,575 MARINE CORPS AMMUNITION 016 MORTARS 50,707 50,707 017 DIRECT SUPPORT MUNITIONS 120,037 118,157 Excess to need—20mm Carl Gustaf trainer system [–1,880] 018 INFANTRY WEAPONS AMMUNITION 94,001 63,259 Excess to need—BA54 & BA55 termination [–30,742] 019 COMBAT SUPPORT MUNITIONS 35,247 35,247 020 AMMO MODERNIZATION 16,267 16,267 021 ARTILLERY MUNITIONS 105,669 95,169 Contract delay [–10,500] 022 ITEMS LESS THAN $5 MILLION 5,135 5,135 TOTAL PROCUREMENT OF AMMO, NAVY & MC 988,018 902,358 SHIPBUILDING AND CONVERSION, NAVY FLEET BALLISTIC MISSILE SHIPS 001 OHIO REPLACEMENT SUBMARINE 3,003,000 3,003,000 002 OHIO REPLACEMENT SUBMARINE AP 1,643,980 1,773,980 Program increase—submarine supplier development [130,000] OTHER WARSHIPS 003 CARRIER REPLACEMENT PROGRAM 1,068,705 1,062,205 Program decrease [–6,500] 004 CVN–81 1,299,764 1,287,719 Program decrease [–12,045] 005 VIRGINIA CLASS SUBMARINE 4,249,240 4,449,240 Industrial base expansion [200,000] 006 VIRGINIA CLASS SUBMARINE AP 2,120,407 2,105,407 Program adjustment [–15,000] 007 CVN REFUELING OVERHAULS 2,456,018 2,436,018 Excess growth [–20,000] 008 CVN REFUELING OVERHAULS 66,262 66,262 009 DDG 1000 56,597 56,597 010 DDG–51 2,016,787 4,929,073 Change order excessive cost growth [–11,651] Electronics excessive cost growth [–35,500] Plans cost excessive cost growth [–47,000] Program decrease [–20,463] Termination liability not required [–33,000] Two additional ships [3,059,900] 011 DDG–51 AP 120,000 Program increase—Advance procurement for DDG–51 [120,000] 013 FFG-FRIGATE 1,087,900 1,087,900 014 FFG-FRIGATE 69,100 69,100 AMPHIBIOUS SHIPS 015 LPD FLIGHT II 60,636 60,636 016 LPD FLIGHT II AP 250,000 Program increase [250,000] 019 LHA REPLACEMENT 68,637 168,637 Program increase [100,000] 020 EXPEDITIONARY FAST TRANSPORT (EPF) 540,000 Two additional ships [540,000] AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 021 TAO FLEET OILER 668,184 1,336,384 One additional ship [668,200] 022 TAO FLEET OILER AP 76,012 0 Unjustified request [–76,012] 023 TAGOS SURTASS SHIPS 434,384 434,384 024 TOWING, SALVAGE, AND RESCUE SHIP (ATS) 183,800 183,800 025 LCU 1700 67,928 67,928 026 OUTFITTING 655,707 622,926 Outfitting early to need [–32,781] 027 SHIP TO SHORE CONNECTOR 156,738 286,738 Ship to shore connector [130,000] 028 SERVICE CRAFT 67,866 67,866 029 LCAC SLEP 32,712 32,712 030 AUXILIARY VESSELS (USED SEALIFT) 299,900 120,000 Program reduction [–179,900] 031 COMPLETION OF PY SHIPBUILDING PROGRAMS 660,795 660,795 TOTAL SHIPBUILDING AND CONVERSION, NAVY 22,571,059 27,279,307 OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 001 SURFACE POWER EQUIPMENT 41,414 41,414 GENERATORS 002 SURFACE COMBATANT HM&E 83,746 83,746 NAVIGATION EQUIPMENT 003 OTHER NAVIGATION EQUIPMENT 72,300 72,300 OTHER SHIPBOARD EQUIPMENT 004 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG 234,932 234,932 005 DDG MOD 583,136 583,136 006 FIREFIGHTING EQUIPMENT 15,040 15,040 007 COMMAND AND CONTROL SWITCHBOARD 2,194 2,194 008 LHA/LHD MIDLIFE 133,627 120,854 Program decrease [–12,773] 009 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM 4,387 4,387 010 POLLUTION CONTROL EQUIPMENT 18,159 18,159 011 SUBMARINE SUPPORT EQUIPMENT 88,284 98,284 Spare Seawolf-class bow dome [10,000] 012 VIRGINIA CLASS SUPPORT EQUIPMENT 22,669 22,669 013 LCS CLASS SUPPORT EQUIPMENT 9,640 9,640 014 SUBMARINE BATTERIES 21,834 21,834 015 LPD CLASS SUPPORT EQUIPMENT 34,292 29,478 Program decrease [–4,814] 016 DDG 1000 CLASS SUPPORT EQUIPMENT 126,107 111,761 Program decrease [–14,346] 017 STRATEGIC PLATFORM SUPPORT EQUIP 12,256 12,256 018 DSSP EQUIPMENT 10,682 10,682 019 CG MODERNIZATION 156,951 156,951 020 LCAC 21,314 21,314 021 UNDERWATER EOD EQUIPMENT 24,146 24,146 022 ITEMS LESS THAN $5 MILLION 84,789 84,789 023 CHEMICAL WARFARE DETECTORS 2,997 2,997 REACTOR PLANT EQUIPMENT 025 SHIP MAINTENANCE, REPAIR AND MODERNIZATION 1,307,651 1,475,051 Navy UFR—A–120 availability [167,400] 026 REACTOR POWER UNITS 3,270 3,270 027 REACTOR COMPONENTS 438,729 438,729 OCEAN ENGINEERING 028 DIVING AND SALVAGE EQUIPMENT 10,772 10,772 SMALL BOATS 029 STANDARD BOATS 58,770 58,770 PRODUCTION FACILITIES EQUIPMENT 030 OPERATING FORCES IPE 168,822 150,822 Program decrease [–18,000] OTHER SHIP SUPPORT 031 LCS COMMON MISSION MODULES EQUIPMENT 74,231 74,231 032 LCS MCM MISSION MODULES 40,630 30,119 Program decrease [–10,511] 033 LCS ASW MISSION MODULES 1,565 1,565 034 LCS SUW MISSION MODULES 3,395 3,395 035 LCS IN-SERVICE MODERNIZATION 122,591 122,591 036 SMALL & MEDIUM UUV 32,534 32,534 SHIP SONARS 038 SPQ–9B RADAR 15,927 15,927 039 AN/SQQ–89 SURF ASW COMBAT SYSTEM 131,829 126,871 Program decrease [–4,958] 040 SSN ACOUSTIC EQUIPMENT 379,850 360,898 Virginia class technical insertion kits previously funded [–18,952] 041 UNDERSEA WARFARE SUPPORT EQUIPMENT 13,965 13,965 ASW ELECTRONIC EQUIPMENT 042 SUBMARINE ACOUSTIC WARFARE SYSTEM 24,578 24,578 043 SSTD 11,010 11,010 044 FIXED SURVEILLANCE SYSTEM 363,651 363,651 045 SURTASS 67,500 67,500 ELECTRONIC WARFARE EQUIPMENT 046 AN/SLQ–32 370,559 370,559 RECONNAISSANCE EQUIPMENT 047 SHIPBOARD IW EXPLOIT 261,735 261,735 048 AUTOMATED IDENTIFICATION SYSTEM (AIS) 3,777 3,777 OTHER SHIP ELECTRONIC EQUIPMENT 049 COOPERATIVE ENGAGEMENT CAPABILITY 24,641 46,924 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [8,983] Navy UFR—Maritime outfitting and interim spares [13,300] 050 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 14,439 14,439 051 ATDLS 101,595 101,595 052 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 3,535 3,535 053 MINESWEEPING SYSTEM REPLACEMENT 15,640 15,640 054 SHALLOW WATER MCM 5,610 5,610 055 NAVSTAR GPS RECEIVERS (SPACE) 33,097 33,097 056 AMERICAN FORCES RADIO AND TV SERVICE 2,513 2,513 057 STRATEGIC PLATFORM SUPPORT EQUIP 4,823 4,823 AVIATION ELECTRONIC EQUIPMENT 058 ASHORE ATC EQUIPMENT 83,464 83,464 059 AFLOAT ATC EQUIPMENT 67,055 67,055 060 ID SYSTEMS 46,918 46,918 061 JOINT PRECISION APPROACH AND LANDING SYSTEM ( 35,386 35,386 062 NAVAL MISSION PLANNING SYSTEMS 17,951 17,951 OTHER SHORE ELECTRONIC EQUIPMENT 063 MARITIME INTEGRATED BROADCAST SYSTEM 2,360 2,360 064 TACTICAL/MOBILE C4I SYSTEMS 18,919 18,919 065 DCGS-N 16,691 16,691 066 CANES 412,002 441,002 Navy UFR—Resilient Communications PNT for Combat Logistics Fleet (CLF) [29,000] 067 RADIAC 9,074 9,074 068 CANES-INTELL 51,593 51,593 069 GPETE 23,930 23,930 070 MASF 8,795 8,795 071 INTEG COMBAT SYSTEM TEST FACILITY 5,829 5,829 072 EMI CONTROL INSTRUMENTATION 3,925 3,925 073 ITEMS LESS THAN $5 MILLION 156,042 156,042 SHIPBOARD COMMUNICATIONS 074 SHIPBOARD TACTICAL COMMUNICATIONS 43,212 43,212 075 SHIP COMMUNICATIONS AUTOMATION 90,724 90,724 076 COMMUNICATIONS ITEMS UNDER $5M 44,447 44,447 SUBMARINE COMMUNICATIONS 077 SUBMARINE BROADCAST SUPPORT 47,579 47,579 078 SUBMARINE COMMUNICATION EQUIPMENT 64,642 64,642 SATELLITE COMMUNICATIONS 079 SATELLITE COMMUNICATIONS SYSTEMS 38,636 38,636 080 NAVY MULTIBAND TERMINAL (NMT) 34,723 34,723 SHORE COMMUNICATIONS 081 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 2,651 2,651 CRYPTOGRAPHIC EQUIPMENT 082 INFO SYSTEMS SECURITY PROGRAM (ISSP) 146,879 146,879 083 MIO INTEL EXPLOITATION TEAM 977 977 CRYPTOLOGIC EQUIPMENT 084 CRYPTOLOGIC COMMUNICATIONS EQUIP 17,809 17,809 OTHER ELECTRONIC SUPPORT 092 COAST GUARD EQUIPMENT 63,214 63,214 SONOBUOYS 094 SONOBUOYS—ALL TYPES 249,121 303,521 Navy UFR—Additional sonobuoys [54,400] AIRCRAFT SUPPORT EQUIPMENT 095 MINOTAUR 4,963 4,963 096 WEAPONS RANGE SUPPORT EQUIPMENT 98,898 98,898 097 AIRCRAFT SUPPORT EQUIPMENT 178,647 178,647 098 ADVANCED ARRESTING GEAR (AAG) 22,265 22,265 099 METEOROLOGICAL EQUIPMENT 13,687 13,687 100 LEGACY AIRBORNE MCM 4,446 4,446 101 LAMPS EQUIPMENT 1,470 1,470 102 AVIATION SUPPORT EQUIPMENT 70,665 70,665 103 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL 86,584 86,584 SHIP GUN SYSTEM EQUIPMENT 104 SHIP GUN SYSTEMS EQUIPMENT 5,536 5,536 SHIP MISSILE SYSTEMS EQUIPMENT 105 HARPOON SUPPORT EQUIPMENT 204 204 106 SHIP MISSILE SUPPORT EQUIPMENT 237,987 237,987 107 TOMAHAWK SUPPORT EQUIPMENT 88,726 88,726 FBM SUPPORT EQUIPMENT 108 STRATEGIC MISSILE SYSTEMS EQUIP 281,259 281,259 ASW SUPPORT EQUIPMENT 109 SSN COMBAT CONTROL SYSTEMS 143,289 143,289 110 ASW SUPPORT EQUIPMENT 30,595 30,595 OTHER ORDNANCE SUPPORT EQUIPMENT 111 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 1,721 1,721 112 ITEMS LESS THAN $5 MILLION 8,746 8,746 OTHER EXPENDABLE ORDNANCE 113 ANTI-SHIP MISSILE DECOY SYSTEM 76,994 76,994 114 SUBMARINE TRAINING DEVICE MODS 75,813 75,813 115 SURFACE TRAINING EQUIPMENT 127,814 127,814 CIVIL ENGINEERING SUPPORT EQUIPMENT 116 PASSENGER CARRYING VEHICLES 4,140 4,140 117 GENERAL PURPOSE TRUCKS 2,805 2,805 118 CONSTRUCTION & MAINTENANCE EQUIP 48,403 46,403 Excess carryover [–2,000] 119 FIRE FIGHTING EQUIPMENT 15,084 15,084 120 TACTICAL VEHICLES 27,400 27,400 121 POLLUTION CONTROL EQUIPMENT 2,607 2,607 122 ITEMS LESS THAN $5 MILLION 51,963 51,963 123 PHYSICAL SECURITY VEHICLES 1,165 1,165 SUPPLY SUPPORT EQUIPMENT 124 SUPPLY EQUIPMENT 24,698 24,698 125 FIRST DESTINATION TRANSPORTATION 5,385 5,385 126 SPECIAL PURPOSE SUPPLY SYSTEMS 660,750 660,750 TRAINING DEVICES 127 TRAINING SUPPORT EQUIPMENT 3,465 3,465 128 TRAINING AND EDUCATION EQUIPMENT 60,114 60,114 COMMAND SUPPORT EQUIPMENT 129 COMMAND SUPPORT EQUIPMENT 31,007 31,007 130 MEDICAL SUPPORT EQUIPMENT 7,346 14,346 Navy UFR—Expeditionary medical readiness [7,000] 132 NAVAL MIP SUPPORT EQUIPMENT 2,887 2,887 133 OPERATING FORCES SUPPORT EQUIPMENT 12,815 12,815 134 C4ISR EQUIPMENT 6,324 6,324 135 ENVIRONMENTAL SUPPORT EQUIPMENT 25,098 25,098 136 PHYSICAL SECURITY EQUIPMENT 110,647 107,471 Program decrease [–3,176] 137 ENTERPRISE INFORMATION TECHNOLOGY 31,709 31,709 OTHER 141 NEXT GENERATION ENTERPRISE SERVICE 41 41 142 CYBERSPACE ACTIVITIES 12,859 12,859 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 19,808 19,808 SPARES AND REPAIR PARTS 143 SPARES AND REPAIR PARTS 424,405 517,105 Navy UFR—Maritime outfitting and interim spares [92,700] TOTAL OTHER PROCUREMENT, NAVY 10,875,912 11,169,165 PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 001 AAV7A1 PIP 36,836 36,836 002 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES 532,355 532,355 003 LAV PIP 23,476 23,476 ARTILLERY AND OTHER WEAPONS 004 155MM LIGHTWEIGHT TOWED HOWITZER 32 32 005 ARTILLERY WEAPONS SYSTEM 67,548 221,347 Marine Corps UFR—Ground-launched anti-ship missiles [57,799] Marine Corps UFR—Ground-launched long range fires [96,000] 006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 35,402 35,402 GUIDED MISSILES 008 GROUND BASED AIR DEFENSE 9,349 9,349 009 ANTI-ARMOR MISSILE-JAVELIN 937 937 010 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) 20,481 20,481 011 ANTI-ARMOR MISSILE-TOW 14,359 12,359 Unit cost growth [–2,000] 012 GUIDED MLRS ROCKET (GMLRS) 98,299 98,299 COMMAND AND CONTROL SYSTEMS 013 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 18,247 18,247 REPAIR AND TEST EQUIPMENT 014 REPAIR AND TEST EQUIPMENT 33,554 33,554 OTHER SUPPORT (TEL) 015 MODIFICATION KITS 167 167 COMMAND AND CONTROL SYSTEM (NON-TEL) 016 ITEMS UNDER $5 MILLION (COMM & ELEC) 64,879 130,779 Marine Corps UFR—Fly-Away Broadcast System [9,000] Marine Corps UFR—INOD Block III long-range sight [16,900] Marine Corps UFR—Squad binocular night vision goggle [40,000] 017 AIR OPERATIONS C2 SYSTEMS 1,291 1,291 RADAR + EQUIPMENT (NON-TEL) 019 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 297,369 645,369 Marine Corps UFR—Additional G/ATOR units [304,000] Marine Corps UFR—Additional radar retrofit kits and FRP systems [44,000] INTELL/COMM EQUIPMENT (NON-TEL) 020 GCSS-MC 604 604 021 FIRE SUPPORT SYSTEM 39,810 39,810 022 INTELLIGENCE SUPPORT EQUIPMENT 67,309 72,860 Marine Corps UFR—SCINet equipment [5,551] 024 UNMANNED AIR SYSTEMS (INTEL) 24,299 24,299 025 DCGS-MC 28,633 28,633 026 UAS PAYLOADS 3,730 3,730 OTHER SUPPORT (NON-TEL) 029 NEXT GENERATION ENTERPRISE NETWORK (NGEN) 97,060 97,060 030 COMMON COMPUTER RESOURCES 83,606 79,606 Training and education headquarters support unjustified request [–2,000] Wargaming hardware early to need [–2,000] 031 COMMAND POST SYSTEMS 53,708 39,708 NOTM refresh early to need [–14,000] 032 RADIO SYSTEMS 468,678 444,678 TCM ground radios sparing previously funded [–10,000] Unjustified request [–14,000] 033 COMM SWITCHING & CONTROL SYSTEMS 49,600 43,600 Excess growth [–6,000] 034 COMM & ELEC INFRASTRUCTURE SUPPORT 110,835 116,635 Excess growth [–10,000] Marine Corps UFR—Base telecommunications equipment upgrades [15,800] 035 CYBERSPACE ACTIVITIES 25,377 46,577 Marine Corps UFR—Defensive Cyber Ops-Internal Defensive Measures suites [21,200] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 4,034 4,034 ADMINISTRATIVE VEHICLES 038 COMMERCIAL CARGO VEHICLES 17,848 17,848 TACTICAL VEHICLES 039 MOTOR TRANSPORT MODIFICATIONS 23,363 21,924 Excess growth [–1,439] 040 JOINT LIGHT TACTICAL VEHICLE 322,013 322,013 042 TRAILERS 9,876 9,876 ENGINEER AND OTHER EQUIPMENT 044 TACTICAL FUEL SYSTEMS 2,161 2,161 045 POWER EQUIPMENT ASSORTED 26,625 18,955 Intelligent power distribution previously funded [–7,670] 046 AMPHIBIOUS SUPPORT EQUIPMENT 17,119 15,909 Excess carryover [–1,210] 047 EOD SYSTEMS 94,472 107,672 Marine Corps UFR—BCWD/UnSAT/Explosive Hazard Defeat Systems [7,800] Marine Corps UFR—ENFIRE/Explosive Hazard Defeat Systems [5,400] MATERIALS HANDLING EQUIPMENT 048 PHYSICAL SECURITY EQUIPMENT 84,513 84,513 GENERAL PROPERTY 049 FIELD MEDICAL EQUIPMENT 8,105 8,105 050 TRAINING DEVICES 37,814 35,211 CACCTUS lap equipment previously funded [–2,603] 051 FAMILY OF CONSTRUCTION EQUIPMENT 34,658 50,458 Marine Corps UFR—All-terrain crane [10,800] Marine Corps UFR—Rough terrain container handler [5,000] 052 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) 15,439 15,439 OTHER SUPPORT 053 ITEMS LESS THAN $5 MILLION 4,402 15,002 Marine Corps UFR—Lightweight water purification system [10,600] SPARES AND REPAIR PARTS 054 SPARES AND REPAIR PARTS 32,819 32,819 TOTAL PROCUREMENT, MARINE CORPS 3,043,091 3,620,019 AIRCRAFT PROCUREMENT, AIR FORCE STRATEGIC OFFENSIVE 001 B–21 RAIDER 108,027 108,027 TACTICAL FORCES 002 F–35 4,167,604 4,392,604 Air Force UFR—F–35 power modules [175,000] USG depot acceleration [50,000] 003 F–35 352,632 352,632 005 F–15EX 1,186,903 1,762,903 Air Force UFR—Additional aircraft, spares, support equipment [576,000] 006 F–15EX 147,919 147,919 TACTICAL AIRLIFT 007 KC–46A MDAP 2,380,315 2,315,315 Excess growth [–65,000] OTHER AIRLIFT 008 C–130J 128,896 128,896 009 MC–130J 220,049 220,049 UPT TRAINERS 011 ADVANCED TRAINER REPLACEMENT T-X 10,397 0 Procurement funds ahead of need [–10,397] HELICOPTERS 012 MH–139A 75,000 Program increase [75,000] 013 COMBAT RESCUE HELICOPTER 792,221 792,221 MISSION SUPPORT AIRCRAFT 016 CIVIL AIR PATROL A/C 2,813 11,400 Program increase [8,587] OTHER AIRCRAFT 017 TARGET DRONES 116,169 116,169 019 E–11 BACN/HAG 124,435 124,435 021 MQ–9 3,288 78,567 Program increase—four aircraft [75,279] STRATEGIC AIRCRAFT 023 B–2A 29,944 29,944 024 B–1B 30,518 27,406 Radio crypto mod ahead of need [–3,112] 025 B–52 82,820 82,820 026 COMBAT RESCUE HELICOPTER 61,191 45,891 Early to need—contract delay [–15,300] 027 LARGE AIRCRAFT INFRARED COUNTERMEASURES 57,001 57,001 TACTICAL AIRCRAFT 028 A–10 83,621 83,621 029 E–11 BACN/HAG 68,955 68,955 030 F–15 234,340 232,457 F–15E MIDS-JTRS installs excess to need [–1,883] 031 F–16 613,166 733,166 F–16 AESAs [100,000] Program increase—HUD upgrade [20,000] 032 F–22A 424,722 384,722 Program decrease [–40,000] 033 F–35 MODIFICATIONS 304,135 1,388,935 F–35 upgrades to Block 4 [1,100,000] TR–3/B4 delay [–15,200] 034 F–15 EPAW 149,797 149,797 036 KC–46A MDAP 1,984 1,984 AIRLIFT AIRCRAFT 037 C–5 25,431 25,431 038 C–17A 59,570 59,570 040 C–32A 1,949 1,949 041 C–37A 5,984 5,984 TRAINER AIRCRAFT 042 GLIDER MODS 142 142 043 T–6 8,735 8,735 044 T–1 3,872 872 Excess to need [–3,000] 045 T–38 49,851 49,851 OTHER AIRCRAFT 046 U–2 MODS 126,809 126,809 047 KC–10A (ATCA) 1,902 1,902 049 VC–25A MOD 96 96 050 C–40 262 262 051 C–130 29,071 169,771 Program increase—eight blade propeller upgrade [75,700] Program increase—engine enhancement program [50,000] Program increase—modular airborne firefighting system [15,000] 052 C–130J MODS 110,784 110,784 053 C–135 61,376 61,376 054 COMPASS CALL 195,098 270,098 Air Force UFR—Additional spare engines [75,000] 056 RC–135 207,596 207,596 057 E–3 109,855 109,855 058 E–4 19,081 19,081 059 E–8 16,312 43,312 Program increase—CDL [27,000] 060 AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 30,327 26,627 Block 40/45 carryover [–3,700] 062 H–1 1,533 1,533 063 H–60 13,709 32,709 OLR mod early to need [–1,000] Restore degraded visual environment [20,000] 064 RQ–4 MODS 3,205 3,205 065 HC/MC–130 MODIFICATIONS 150,263 148,815 Communications modernization phase 1 NRE ahead of need [–1,448] 066 OTHER AIRCRAFT 54,828 54,828 067 MQ–9 MODS 144,287 144,287 068 MQ–9 UAS PAYLOADS 40,800 40,800 069 SENIOR LEADER C3, SYSTEM—AIRCRAFT 23,554 23,554 070 CV–22 MODS 158,162 240,562 SOCOM UFR—CV–22 reliability acceleration [82,400] AIRCRAFT SPARES AND REPAIR PARTS 071 INITIAL SPARES/REPAIR PARTS 915,710 915,710 COMMON SUPPORT EQUIPMENT 072 AIRCRAFT REPLACEMENT SUPPORT EQUIP 138,761 138,761 POST PRODUCTION SUPPORT 073 B–2A 1,651 1,651 074 B–2B 38,811 38,811 075 B–52 5,602 5,602 078 F–15 2,324 2,324 079 F–16 10,456 10,456 081 RQ–4 POST PRODUCTION CHARGES 24,592 24,592 INDUSTRIAL PREPAREDNESS 082 INDUSTRIAL RESPONSIVENESS 18,110 18,110 WAR CONSUMABLES 083 WAR CONSUMABLES 35,866 35,866 OTHER PRODUCTION CHARGES 084 OTHER PRODUCTION CHARGES 979,388 1,019,388 Classified modifications—program increase [40,000] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 18,092 18,092 TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 15,727,669 18,132,595 MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 001 MISSILE REPLACEMENT EQ-BALLISTIC 57,793 57,793 BALLISTIC MISSILES 002 GROUND BASED STRATEGIC DETERRENT 8,895 8,895 TACTICAL 003 REPLAC EQUIP & WAR CONSUMABLES 7,681 7,681 004 AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON 160,850 116,850 Procurement early to need [–44,000] 006 JOINT AIR-SURFACE STANDOFF MISSILE 710,550 660,550 Program decrease [–50,000] 008 SIDEWINDER (AIM–9X) 107,587 107,587 009 AMRAAM 214,002 214,002 010 PREDATOR HELLFIRE MISSILE 103,684 103,684 011 SMALL DIAMETER BOMB 82,819 82,819 012 SMALL DIAMETER BOMB II 294,649 294,649 INDUSTRIAL FACILITIES 013 INDUSTR'L PREPAREDNS/POL PREVENTION 757 757 CLASS IV 015 ICBM FUZE MOD 53,013 65,263 Realignment of funds [12,250] 016 ICBM FUZE MOD AP 47,757 35,507 Realignment of funds [–12,250] 017 MM III MODIFICATIONS 88,579 88,579 019 AIR LAUNCH CRUISE MISSILE (ALCM) 46,799 46,799 MISSILE SPARES AND REPAIR PARTS 020 MSL SPRS/REPAIR PARTS (INITIAL) 16,212 16,212 021 MSL SPRS/REPAIR PARTS (REPLEN) 63,547 63,547 022 INITIAL SPARES/REPAIR PARTS 4,045 4,045 SPECIAL PROGRAMS 027 SPECIAL UPDATE PROGRAMS 30,352 30,352 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 570,240 570,240 TOTAL MISSILE PROCUREMENT, AIR FORCE 2,669,811 2,575,811 PROCUREMENT, SPACE FORCE SPACE PROCUREMENT, SF 002 AF SATELLITE COMM SYSTEM 43,655 39,655 Unjustified cost growth [–4,000] 003 COUNTERSPACE SYSTEMS 64,804 64,804 004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 39,444 39,444 005 GENERAL INFORMATION TECH—SPACE 3,316 5,116 Space Force UFR—Modernize space aggressor equipment [1,800] 006 GPSIII FOLLOW ON 601,418 601,418 007 GPS III SPACE SEGMENT 84,452 84,452 008 GLOBAL POSTIONING (SPACE) 2,274 2,274 009 HERITAGE TRANSITION 13,529 13,529 010 SPACEBORNE EQUIP (COMSEC) 26,245 48,945 Space Force UFR—Space-rated crypto devices to support launch [22,700] 011 MILSATCOM 24,333 24,333 012 SBIR HIGH (SPACE) 154,526 154,526 013 SPECIAL SPACE ACTIVITIES 142,188 142,188 014 MOBILE USER OBJECTIVE SYSTEM 45,371 45,371 015 NATIONAL SECURITY SPACE LAUNCH 1,337,347 1,337,347 016 NUDET DETECTION SYSTEM 6,690 6,690 017 PTES HUB 7,406 7,406 018 ROCKET SYSTEMS LAUNCH PROGRAM 10,429 10,429 020 SPACE MODS 64,371 64,371 021 SPACELIFT RANGE SYSTEM SPACE 93,774 93,774 SPARES 022 SPARES AND REPAIR PARTS 1,282 1,282 TOTAL PROCUREMENT, SPACE FORCE 2,766,854 2,787,354 PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 001 ROCKETS 36,597 36,597 CARTRIDGES 002 CARTRIDGES 169,163 164,163 Excess to need [–5,000] BOMBS 003 PRACTICE BOMBS 48,745 48,745 004 GENERAL PURPOSE BOMBS 176,565 176,565 005 MASSIVE ORDNANCE PENETRATOR (MOP) 15,500 15,500 006 JOINT DIRECT ATTACK MUNITION 124,102 48,584 Program carryover [–75,518] 007 B–61 2,709 2,709 OTHER ITEMS 008 CAD/PAD 47,210 47,210 009 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,151 6,151 010 SPARES AND REPAIR PARTS 535 535 011 MODIFICATIONS 292 292 012 ITEMS LESS THAN $5,000,000 9,164 9,164 FLARES 013 FLARES 95,297 95,297 FUZES 014 FUZES 50,795 50,795 SMALL ARMS 015 SMALL ARMS 12,343 12,343 TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 795,168 714,650 OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 001 PASSENGER CARRYING VEHICLES 8,448 8,448 CARGO AND UTILITY VEHICLES 002 MEDIUM TACTICAL VEHICLE 5,804 5,804 003 CAP VEHICLES 1,066 1,800 Program increase—Civil Air Patrol [734] 004 CARGO AND UTILITY VEHICLES 57,459 57,459 SPECIAL PURPOSE VEHICLES 005 JOINT LIGHT TACTICAL VEHICLE 97,326 92,326 Excess carryover [–5,000] 006 SECURITY AND TACTICAL VEHICLES 488 488 007 SPECIAL PURPOSE VEHICLES 75,694 77,694 CNGB UFR—Temperature control trailers [2,000] FIRE FIGHTING EQUIPMENT 008 FIRE FIGHTING/CRASH RESCUE VEHICLES 12,525 12,525 MATERIALS HANDLING EQUIPMENT 009 MATERIALS HANDLING VEHICLES 34,933 34,933 BASE MAINTENANCE SUPPORT 010 RUNWAY SNOW REMOV AND CLEANING EQU 9,134 9,134 011 BASE MAINTENANCE SUPPORT VEHICLES 111,820 103,728 Program decrease [–8,092] COMM SECURITY EQUIPMENT(COMSEC) 013 COMSEC EQUIPMENT 66,022 66,022 014 STRATEGIC MICROELECTRONIC SUPPLY SYSTEM 885,051 885,051 INTELLIGENCE PROGRAMS 015 INTERNATIONAL INTEL TECH & ARCHITECTURES 5,809 5,809 016 INTELLIGENCE TRAINING EQUIPMENT 5,719 5,719 017 INTELLIGENCE COMM EQUIPMENT 25,844 25,844 ELECTRONICS PROGRAMS 018 AIR TRAFFIC CONTROL & LANDING SYS 44,516 44,516 019 BATTLE CONTROL SYSTEM—FIXED 2,940 2,940 020 THEATER AIR CONTROL SYS IMPROVEMEN 43,442 47,842 EUCOM UFR—Air base air defens ops center [4,400] 021 3D EXPEDITIONARY LONG-RANGE RADAR 96,186 248,186 Air Force UFR—Build command and control framework [152,000] 022 WEATHER OBSERVATION FORECAST 32,376 32,376 023 STRATEGIC COMMAND AND CONTROL 37,950 37,950 024 CHEYENNE MOUNTAIN COMPLEX 8,258 8,258 025 MISSION PLANNING SYSTEMS 14,717 14,717 SPCL COMM-ELECTRONICS PROJECTS 027 GENERAL INFORMATION TECHNOLOGY 43,917 88,247 EUCOM UFR—Mission Partner Environment [13,800] INDOPACOM UFR—Mission Partner Environment [30,530] 028 AF GLOBAL COMMAND & CONTROL SYS 414 414 030 MOBILITY COMMAND AND CONTROL 10,619 10,619 031 AIR FORCE PHYSICAL SECURITY SYSTEM 101,896 116,797 EUCOM UFR—Counter-UAS for UASFE installations [1,241] EUCOM UFR—Sensors for air base air defense [11,660] Space Force UFR—Maui Optical Site security system [2,000] 032 COMBAT TRAINING RANGES 222,598 222,598 033 COMBAT TRAINING RANGES 14,730 14,730 034 MINIMUM ESSENTIAL EMERGENCY COMM N 77,119 77,119 035 WIDE AREA SURVEILLANCE (WAS) 38,794 38,794 036 C3 COUNTERMEASURES 131,238 131,238 037 INTEGRATED PERSONNEL AND PAY SYSTEM 15,240 15,240 038 GCSS-AF FOS 3,959 3,959 040 MAINTENANCE REPAIR & OVERHAUL INITIATIVE 4,387 4,387 041 THEATER BATTLE MGT C2 SYSTEM 4,052 4,052 042 AIR & SPACE OPERATIONS CENTER (AOC) 2,224 2,224 AIR FORCE COMMUNICATIONS 043 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED 58,499 58,499 044 AFNET 65,354 65,354 045 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 4,377 4,377 046 USCENTCOM 18,101 18,101 047 USSTRATCOM 4,226 4,226 ORGANIZATION AND BASE 048 TACTICAL C-E EQUIPMENT 162,955 157,817 Program decrease [–5,138] 049 RADIO EQUIPMENT 14,232 15,732 Space Force UFR—radio equipment [1,500] 051 BASE COMM INFRASTRUCTURE 200,797 262,797 EUCOM UFR—Modernize IT infrastructure [55,000] Space Force UFR—Lifecycle SIPR/NIP replacement [7,000] MODIFICATIONS 052 COMM ELECT MODS 18,607 18,607 PERSONAL SAFETY & RESCUE EQUIP 053 PERSONAL SAFETY AND RESCUE EQUIPMENT 106,449 106,449 DEPOT PLANT+MTRLS HANDLING EQ 054 POWER CONDITIONING EQUIPMENT 11,274 11,274 055 MECHANIZED MATERIAL HANDLING EQUIP 8,594 8,594 BASE SUPPORT EQUIPMENT 056 BASE PROCURED EQUIPMENT 1 33,251 CNGB UFR—Modular small arms ranges [25,000] EUCOM UFR—Tactical decoy devices [8,250] 057 ENGINEERING AND EOD EQUIPMENT 32,139 32,139 058 MOBILITY EQUIPMENT 63,814 63,814 059 FUELS SUPPORT EQUIPMENT (FSE) 17,928 17,928 060 BASE MAINTENANCE AND SUPPORT EQUIPMENT 48,534 48,534 SPECIAL SUPPORT PROJECTS 062 DARP RC135 27,359 27,359 063 DCGS-AF 261,070 261,070 065 SPECIAL UPDATE PROGRAM 777,652 777,652 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 20,983,908 21,183,908 Program increase [200,000] SPARES AND REPAIR PARTS 066 SPARES AND REPAIR PARTS (CYBER) 978 978 067 SPARES AND REPAIR PARTS 9,575 9,575 TOTAL OTHER PROCUREMENT, AIR FORCE 25,251,137 25,748,022 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, OSD 081 AGILE PROCUREMENT TRANSITION PILOT 100,000 Program increase [100,000] MAJOR EQUIPMENT, SDA 024 MAJOR EQUIPMENT, DPAA 494 494 047 MAJOR EQUIPMENT, OSD 31,420 31,420 048 JOINT CAPABILITY TECH DEMONSTRATION (JCTD) 74,060 74,060 MAJOR EQUIPMENT, NSA 046 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) 315 315 MAJOR EQUIPMENT, DISA 010 INFORMATION SYSTEMS SECURITY 18,923 18,923 011 TELEPORT PROGRAM 34,908 34,908 012 JOINT FORCES HEADQUARTERS—DODIN 1,968 1,968 013 ITEMS LESS THAN $5 MILLION 42,270 42,270 014 DEFENSE INFORMATION SYSTEM NETWORK 18,025 18,025 015 WHITE HOUSE COMMUNICATION AGENCY 44,522 44,522 016 SENIOR LEADERSHIP ENTERPRISE 54,592 54,592 017 JOINT REGIONAL SECURITY STACKS (JRSS) 62,657 62,657 018 JOINT SERVICE PROVIDER 102,039 102,039 019 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) 80,645 80,645 MAJOR EQUIPMENT, DLA 021 MAJOR EQUIPMENT 530,896 510,896 Excess growth [–20,000] MAJOR EQUIPMENT, DCSA 002 MAJOR EQUIPMENT 3,014 3,014 MAJOR EQUIPMENT, TJS 049 MAJOR EQUIPMENT, TJS 7,830 7,830 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 029 THAAD 251,543 361,122 MDA UFR—Additional interceptors [109,579] 031 AEGIS BMD 334,621 334,621 032 AEGIS BMD 17,493 17,493 033 BMDS AN/TPY–2 RADARS 2,738 2,738 034 SM–3 IIAS 295,322 336,822 MDA UFR—Additional AURs [41,500] 035 ARROW 3 UPPER TIER SYSTEMS 62,000 62,000 036 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) 30,000 30,000 037 DEFENSE OF GUAM PROCUREMENT 40,000 80,000 INDOPACOM UFR—Guam Defense System [40,000] 038 AEGIS ASHORE PHASE III 25,866 25,866 039 IRON DOME 108,000 108,000 040 AEGIS BMD HARDWARE AND SOFTWARE 81,791 81,791 MAJOR EQUIPMENT, DHRA 004 PERSONNEL ADMINISTRATION 4,042 4,042 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 026 VEHICLES 118 118 027 OTHER MAJOR EQUIPMENT 12,681 12,681 MAJOR EQUIPMENT, DODEA 023 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 2,963 2,963 MAJOR EQUIPMENT, DMACT 022 MAJOR EQUIPMENT 8,498 8,498 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 635,338 635,338 AVIATION PROGRAMS 052 ARMED OVERWATCH/TARGETING 170,000 166,000 Unit cost growth [–4,000] 053 MANNED ISR 2,500 2,500 054 MC–12 2,250 2,250 055 MH–60 BLACKHAWK 29,900 29,900 056 ROTARY WING UPGRADES AND SUSTAINMENT 202,278 202,278 057 UNMANNED ISR 55,951 55,951 058 NON-STANDARD AVIATION 3,282 3,282 059 U–28 4,176 4,176 060 MH–47 CHINOOK 130,485 130,485 061 CV–22 MODIFICATION 41,762 47,572 SOCOM UFR—CV–22 reliability acceleration [5,810] 062 MQ–9 UNMANNED AERIAL VEHICLE 8,020 8,020 063 PRECISION STRIKE PACKAGE 165,224 165,224 064 AC/MC–130J 205,216 205,216 065 C–130 MODIFICATIONS 13,373 13,373 SHIPBUILDING 066 UNDERWATER SYSTEMS 17,227 23,327 SOCOM UFR—Combat diving advanced equipment acceleration [5,200] SOCOM UFR—Modernized forward look sonar [900] AMMUNITION PROGRAMS 067 ORDNANCE ITEMS <$5M 168,072 168,072 OTHER PROCUREMENT PROGRAMS 068 INTELLIGENCE SYSTEMS 131,889 131,889 069 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,991 5,991 070 OTHER ITEMS <$5M 62,722 62,722 071 COMBATANT CRAFT SYSTEMS 17,080 17,080 072 SPECIAL PROGRAMS 44,351 75,531 SOCOM UFR—Medium fixed wing mobility modifications [31,180] 073 TACTICAL VEHICLES 26,806 26,806 074 WARRIOR SYSTEMS <$5M 284,548 294,548 Radio integration system program upgrade [10,000] 075 COMBAT MISSION REQUIREMENTS 27,513 27,513 077 OPERATIONAL ENHANCEMENTS INTELLIGENCE 20,252 20,252 078 OPERATIONAL ENHANCEMENTS 328,569 389,872 SOCOM UFR—Armored ground mobility systems acceleration [33,303] SOCOM UFR—Fused panoramic night vision goggles acceleration [28,000] CBDP 079 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS 167,918 167,918 080 CB PROTECTION & HAZARD MITIGATION 189,265 183,884 TATPE excess growth [–5,381] TOTAL PROCUREMENT, DEFENSE-WIDE 5,548,212 5,924,303 NATIONAL GUARD AND RESERVE EQUIPMENT UNDISTRIBUTED 001 MISCELLANEOUS EQUIPMENT 950,000 Program increase [950,000] TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT 950,000 TOTAL PROCUREMENT 132,205,078 146,884,599", "id": "H648D504114FB4D0688901604AEA20424", "header": "Procurement" }, { "text": "4201. Research, development, test, and evaluation \nSEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Line Program Element Item FY 2022 Request Conference Authorized RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 001 0601102A DEFENSE RESEARCH SCIENCES 297,241 328,788 Program increase [22,047] Program increase—digital thread for advanced manufacturing [5,000] Program increase—lightweight high entropy metallic alloy discovery [3,000] Program increase—unmanned aerial systems hybrid propulsion [1,500] 002 0601103A UNIVERSITY RESEARCH INITIATIVES 66,981 96,981 Program increase—defense university research instrumentation program [30,000] 003 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 94,003 103,003 Program increase—biotechnology advancements [4,000] SMART and cognitive research for RF/radar [5,000] 004 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,067 5,067 005 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH 10,183 15,183 Program increase—extreme events in structurally evolving materials [5,000] SUBTOTAL BASIC RESEARCH 473,475 549,022 APPLIED RESEARCH 006 0602115A BIOMEDICAL TECHNOLOGY 11,925 11,925 007 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES 1,976 1,976 008 0602141A LETHALITY TECHNOLOGY 64,126 65,126 CPF—research and development of next generation explosives and propellants [1,000] 009 0602142A ARMY APPLIED RESEARCH 28,654 28,654 010 0602143A SOLDIER LETHALITY TECHNOLOGY 105,168 115,168 Program increase—Pathfinder air assault [10,000] 011 0602144A GROUND TECHNOLOGY 56,400 105,400 Additive manufacturing materials [8,000] CPF—Army Research Lab (ARL) Additive Manufacturing/Machine Learning (AM/ML) Initiative [5,000] Military footwear research [2,500] Modeling enabled multifunctional materials development (MEMMD) [6,000] Program increase—advanced manufacturing materials processes initiative [10,000] Program increase—advanced polymers for force protection [8,000] Program increase—ceramic materials for extreme environments [2,500] Program increase—earthen structures soil enhancement [3,000] Program increase—polar proving ground and training program [2,000] Program increase—verified inherent control [2,000] 012 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY 172,166 192,666 CPF—high-efficiency truck users forum (HTUF) [2,500] CPF—structural thermoplastics large-scale low-cost tooling solutions [4,500] Light detection and ranging (LiDAR) technology [2,500] Program increase—prototyping energy smart autonomous ground systems [8,000] Tactical behaviors for autonomous maneuver [3,000] 013 0602146A NETWORK C3I TECHNOLOGY 84,606 120,406 Alternative PNT [8,000] CPF—future nano- and micro-fabrication - Advanced Materials Engineering Research Institute [6,800] CPF—multiple drone, multiple sensor ISR capabilities [5,000] Distributed radio frequency sensor/effector technology for strategic defense [8,000] Intelligent electronic protection technologies [6,000] UAS sensor research [2,000] 014 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 64,285 67,285 Program increase—novel printed armaments components [3,000] 015 0602148A FUTURE VERTICLE LIFT TECHNOLOGY 91,411 91,411 016 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 19,316 72,566 Advancement of critical HEL technologies [10,000] Counter-UAS applied research [5,000] Cyber electromagnetic (CEMA) missile defender [15,000] High energy laser integration [10,000] Program increase—kill chain automation [8,000] Program increase—precision long range integrated strike [5,250] 017 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES 15,034 15,034 018 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH 25,967 25,967 019 0602182A C3I APPLIED RESEARCH 12,406 12,406 020 0602183A AIR PLATFORM APPLIED RESEARCH 6,597 16,597 High density eVTOL power source [10,000] 021 0602184A SOLDIER APPLIED RESEARCH 11,064 11,064 022 0602213A C3I APPLIED CYBER 12,123 12,123 023 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH 20,643 20,643 024 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 18,701 18,701 025 0602787A MEDICAL TECHNOLOGY 91,720 95,720 CPF—human performance optimization (HPO) center [2,000] CPF—suicide prevention with focus on rural, remote, isolated, and OCONUS locations [2,000] SUBTOTAL APPLIED RESEARCH 914,288 1,100,838 ADVANCED TECHNOLOGY DEVELOPMENT 026 0603002A MEDICAL ADVANCED TECHNOLOGY 43,804 43,804 027 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 14,273 14,273 028 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION 22,231 22,231 029 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES 909 909 030 0603041A ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY 17,743 17,743 031 0603042A C3I ADVANCED TECHNOLOGY 3,151 3,151 032 0603043A AIR PLATFORM ADVANCED TECHNOLOGY 754 754 033 0603044A SOLDIER ADVANCED TECHNOLOGY 890 890 034 0603115A MEDICAL DEVELOPMENT 26,521 26,521 035 0603116A LETHALITY ADVANCED TECHNOLOGY 8,066 8,066 036 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT 76,815 76,815 037 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY 107,966 115,966 Program increase [8,000] 038 0603119A GROUND ADVANCED TECHNOLOGY 23,403 68,403 Additive manufacturing capabilities for austere operating environments [14,000] CPF—military operations in a permafrost environment [3,000] Ground advanced technology—3D printed structures [2,000] Polar research and testing [4,000] Program increase—3D printing of infrastructure [5,000] Program increase—cold weather research [2,000] Program increase—entry control points at installations [5,000] Program increase—graphene applications for military engineering [2,000] Program increase—rapid entry and sustainment for the arctic [8,000] 039 0603134A COUNTER IMPROVISED-THREAT SIMULATION 24,747 24,747 040 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH 53,736 53,736 041 0603457A C3I CYBER ADVANCED DEVELOPMENT 31,426 31,426 042 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 189,123 229,123 Program increase [40,000] 043 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY 164,951 179,951 Cyber and connected vehicle integration research [3,500] Program increase—combat vehicle lithium 6T battery development [1,500] Robotics development [5,000] Vehicle cyber security research [5,000] 044 0603463A NETWORK C3I ADVANCED TECHNOLOGY 155,867 161,867 C3I assured position, navigation, and timing technology [4,000] Command post modernization [2,000] 045 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 93,909 113,909 Missile effects planning tool development [10,000] Project AG5 [10,000] 046 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY 179,677 187,677 Program increase—20mm chaingun development for FLARA [8,000] 047 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY 48,826 68,826 Program increase—armored combat vehicle HEL integration [10,000] Program increase—missile MENTOR [10,000] 048 0603920A HUMANITARIAN DEMINING 8,649 8,649 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,297,437 1,459,437 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 049 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION 11,702 25,702 Electro-magnetic denial and protect [6,000] PNT resiliency lab [8,000] 050 0603308A ARMY SPACE SYSTEMS INTEGRATION 18,755 20,755 Program increase—multi-function and multi-mission payload [2,000] 051 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING 5,000 Program increase—machine learning for integrated fires [5,000] 052 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 50,314 48,814 Test and evaluation excess [–1,500] 053 0603639A TANK AND MEDIUM CALIBER AMMUNITION 79,873 77,373 Testing excess [–2,500] 054 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV 170,590 166,590 Excess to need [–4,000] 055 0603747A SOLDIER SUPPORT AND SURVIVABILITY 2,897 2,897 056 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 113,365 113,365 057 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 18,000 21,804 Soldier maneuver sensors adv dev lethality smart system—Army UPL [3,804] 058 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 11,921 11,921 059 0603790A NATO RESEARCH AND DEVELOPMENT 3,777 3,777 060 0603801A AVIATION—ADV DEV 1,125,641 1,134,141 Excess to need [–24,500] Program increase—FLRAA [33,000] 061 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 7,055 7,055 062 0603807A MEDICAL SYSTEMS—ADV DEV 22,071 22,071 063 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 17,459 17,459 064 0604017A ROBOTICS DEVELOPMENT 87,198 75,048 Excess carryover [–7,150] Unjustified growth—other support costs [–5,000] 065 0604019A EXPANDED MISSION AREA MISSILE (EMAM) 50,674 43,674 IFPC-HEL late contract award [–7,000] 067 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY 19,638 19,638 068 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV 50,548 50,548 069 0604037A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV DEV 28,347 28,347 070 0604100A ANALYSIS OF ALTERNATIVES 10,091 10,091 071 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) 926 926 072 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) 69,697 75,697 Army UFR—Acceleration of FTUAS [6,000] 073 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR 327,690 307,567 Long term power and support costs ahead of need [–20,123] 074 0604115A TECHNOLOGY MATURATION INITIATIVES 270,124 180,324 Insufficient justification [–80,000] Program decrease [–9,800] 075 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 39,376 39,376 076 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING 189,483 189,483 077 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) 96,679 96,679 078 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING 194,195 196,795 Prior-year carryover [–2,000] Program increase—multi-sensor terrain data capture and processing [4,600] 079 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 13,379 13,379 080 0604182A HYPERSONICS 300,928 300,928 081 0604403A FUTURE INTERCEPTOR 7,895 7,895 082 0604531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT 19,148 19,148 083 0604541A UNIFIED NETWORK TRANSPORT 35,409 35,409 084 0604644A MOBILE MEDIUM RANGE MISSILE 286,457 286,457 085 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) 2,040 2,040 086 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 52,988 52,988 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 3,806,330 3,711,161 SYSTEM DEVELOPMENT & DEMONSTRATION 089 0604201A AIRCRAFT AVIONICS 6,654 6,654 090 0604270A ELECTRONIC WARFARE DEVELOPMENT 30,840 26,440 Early to need [–4,400] 091 0604601A INFANTRY SUPPORT WEAPONS 67,873 72,873 Program increase—turret gunner survivability and simulation environment [5,000] 092 0604604A MEDIUM TACTICAL VEHICLES 11,374 11,374 093 0604611A JAVELIN 7,094 7,094 094 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 31,602 30,077 Leader/follower test support ahead of need [–1,525] 095 0604633A AIR TRAFFIC CONTROL 4,405 4,405 096 0604642A LIGHT TACTICAL WHEELED VEHICLES 2,055 7,655 Army UFR—Electric light reconnaissance vehicle [5,600] 097 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV 137,256 135,506 Government support excess [–1,750] 098 0604710A NIGHT VISION SYSTEMS—ENG DEV 62,690 112,690 Transfer from Other Procurement, Army line 83 [50,000] 099 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 1,658 1,658 100 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 26,540 26,540 101 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 59,518 59,518 102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 22,331 22,331 103 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 8,807 8,807 104 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 7,453 7,453 107 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 21,534 21,534 108 0604802A WEAPONS AND MUNITIONS—ENG DEV 309,778 306,722 C-DAEM overestimation [–3,056] 109 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 59,261 52,261 Excess carryover [–7,000] 110 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 20,121 20,121 111 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 44,424 44,424 112 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 14,137 9,137 Insufficient justification [–5,000] 113 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 162,704 162,704 114 0604820A RADAR DEVELOPMENT 127,919 127,919 115 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 17,623 17,623 117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 6,454 6,454 118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 106,354 127,354 Army UFR—Active protection systems for Bradley and Stryker [21,000] 120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 120,168 GFIM unjustified growth [–2,000] 121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 76,936 58,736 Program decrease [–18,200] 122 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) 35,560 35,560 124 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 16,364 16,364 125 0605031A JOINT TACTICAL NETWORK (JTN) 28,954 28,954 128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 16,630 16,630 130 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE 7,618 7,618 131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 18,892 13,892 Cyber situational understanding reduction [–5,000] 132 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 28,849 28,849 133 0605047A CONTRACT WRITING SYSTEM 22,960 20,960 Program reduction [–2,000] 135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 65,603 65,603 136 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 233,512 233,512 137 0605053A GROUND ROBOTICS 18,241 18,241 138 0605054A EMERGING TECHNOLOGY INITIATIVES 254,945 254,945 139 0605143A BIOMETRICS ENABLING CAPABILITY (BEC) 4,326 4,326 140 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM 15,616 15,616 141 0605145A MEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT 962 962 142 0605148A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD 54,972 54,972 143 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 122,175 122,175 144 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) 2,275 2,275 145 0605224A MULTI-DOMAIN INTELLIGENCE 9,313 9,313 146 0605225A SIO CAPABILITY DEVELOPMENT 22,713 22,713 147 0605231A PRECISION STRIKE MISSILE (PRSM) 188,452 188,452 148 0605232A HYPERSONICS EMD 111,473 111,473 149 0605233A ACCESSIONS INFORMATION ENVIRONMENT (AIE) 18,790 18,790 150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,134 2,134 151 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 157,873 157,873 152 0605531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS DEV & DEMONSTRATION 33,386 33,386 153 0605625A MANNED GROUND VEHICLE 225,106 203,106 Excess carryover [–10,000] Unjustified growth—other support costs [–7,000] Unjustified growth—program management [–5,000] 154 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 14,454 14,454 155 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 2,564 2,564 156 0605830A AVIATION GROUND SUPPORT EQUIPMENT 1,201 1,201 157 0303032A TROJAN—RH12 3,362 3,362 161 0304270A ELECTRONIC WARFARE DEVELOPMENT 75,520 75,520 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,392,358 3,402,027 MANAGEMENT SUPPORT 162 0604256A THREAT SIMULATOR DEVELOPMENT 18,439 18,439 163 0604258A TARGET SYSTEMS DEVELOPMENT 17,404 17,404 164 0604759A MAJOR T&E INVESTMENT 68,139 68,139 165 0605103A RAND ARROYO CENTER 33,126 33,126 166 0605301A ARMY KWAJALEIN ATOLL 240,877 240,877 167 0605326A CONCEPTS EXPERIMENTATION PROGRAM 79,710 79,710 169 0605601A ARMY TEST RANGES AND FACILITIES 354,227 354,227 170 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 49,253 49,253 171 0605604A SURVIVABILITY/LETHALITY ANALYSIS 36,389 36,389 172 0605606A AIRCRAFT CERTIFICATION 2,489 2,489 173 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES 6,689 6,689 174 0605706A MATERIEL SYSTEMS ANALYSIS 21,558 21,558 175 0605709A EXPLOITATION OF FOREIGN ITEMS 13,631 13,631 176 0605712A SUPPORT OF OPERATIONAL TESTING 55,122 55,122 177 0605716A ARMY EVALUATION CENTER 65,854 65,854 178 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 2,633 2,633 179 0605801A PROGRAMWIDE ACTIVITIES 96,589 96,589 180 0605803A TECHNICAL INFORMATION ACTIVITIES 26,808 26,808 181 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 43,042 48,042 Program increase—polymer case ammunition [5,000] 182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,789 1,789 183 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA 52,108 52,108 185 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 80,952 80,952 186 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 5,363 5,363 187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES 39,041 39,041 188 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 5,466 5,466 SUBTOTAL MANAGEMENT SUPPORT 1,416,698 1,421,698 OPERATIONAL SYSTEMS DEVELOPMENT UNDISTRIBUTED 190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 12,314 12,314 191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT 8,868 8,868 192 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 22,828 30,828 Agile manufacturing for advanced armament systems [8,000] 194 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 4,773 4,773 195 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 52,372 70,372 CH–47 Chinook cargo on/off loading system [8,000] Program increase—T55–714C acceleration [10,000] 196 0607139A IMPROVED TURBINE ENGINE PROGRAM 275,024 315,024 Army improved turbine engine program [40,000] 197 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT 12,417 12,417 198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 4,594 4,594 199 0607145A APACHE FUTURE DEVELOPMENT 10,067 25,067 Program increase [15,000] 200 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM 56,681 56,681 201 0607150A INTEL CYBER DEVELOPMENT 3,611 12,471 Army UFR—Cyber-Info Dominance Center [8,860] 202 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 28,029 28,029 203 0607313A ELECTRONIC WARFARE DEVELOPMENT 5,673 5,673 204 0607665A FAMILY OF BIOMETRICS 1,178 1,178 205 0607865A PATRIOT PRODUCT IMPROVEMENT 125,932 125,932 206 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) 25,547 25,547 207 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 211,523 276,523 Program increase—Abrams modernization [65,000] 208 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS 213,281 208,136 Excess carryover [–5,145] 210 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 132 132 211 0203758A DIGITIZATION 3,936 3,936 212 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 127 127 213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 10,265 10,265 214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV 262 262 215 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM 182 182 216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) 63,937 63,937 217 0208053A JOINT TACTICAL GROUND SYSTEM 13,379 13,379 219 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 24,531 24,531 220 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 15,720 11,720 Carryover [–4,000] 221 0303141A GLOBAL COMBAT SUPPORT SYSTEM 52,739 61,739 Army UFR—ERP convergence/modernization [9,000] 222 0303142A SATCOM GROUND ENVIRONMENT (SPACE) 15,247 15,247 226 0305179A INTEGRATED BROADCAST SERVICE (IBS) 5,430 5,430 227 0305204A TACTICAL UNMANNED AERIAL VEHICLES 8,410 8,410 228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 24,460 24,460 233 0307665A BIOMETRICS ENABLED INTELLIGENCE 2,066 2,066 234 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 61,720 76,720 Digital night vision cameras [15,000] SUBTOTAL UNDISTRIBUTED 169,715 999 9999999999 CLASSIFIED PROGRAMS 2,993 2,993 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,380,248 1,549,963 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 237 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT 118,811 118,811 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 118,811 118,811 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 12,799,645 13,312,957 RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 001 0601103N UNIVERSITY RESEARCH INITIATIVES 117,448 167,448 Defense university research instrumentation program [20,000] University research programs [30,000] 002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH 23,399 Program increase [23,399] 003 0601153N DEFENSE RESEARCH SCIENCES 484,421 489,406 CPF—Digital twins for Navy maintenance [1,985] Program increase [3,000] SUBTOTAL BASIC RESEARCH 601,869 680,253 APPLIED RESEARCH 004 0602114N POWER PROJECTION APPLIED RESEARCH 23,013 31,013 Program increase—multi-mission UAV-borne electronic attack [8,000] 005 0602123N FORCE PROTECTION APPLIED RESEARCH 122,888 138,388 Relative positioning of autonomous platforms [3,000] Resilient Innovative Sustainable Economies via University Partnerships (RISE-UP) [2,000] Talent and technology for Navy power and energy systems [10,500] 006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 51,112 58,612 Program increase—unmanned logistics solutions [7,500] 007 0602235N COMMON PICTURE APPLIED RESEARCH 51,477 51,477 008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 70,547 78,547 Anti-corrosion nanotechnologies [3,000] High mobility ground robots to assist dismounted infantry in urban operations [5,000] 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 85,157 85,157 010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 70,086 70,086 011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 6,405 6,405 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH 57,484 98,984 Academic partnerships for undersea vehicle research and manufacturing [16,500] Continuous distributed sensing systems [4,000] CPF—connected AI for autonomous UUV systems [5,000] CPF—persistent maritime surveillance [5,000] Program increase—undersea warfare applied research ocean aero [11,000] 013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 173,356 193,356 Program increase—long endurance, autonomous mobile acoustic detection systems [20,000] 014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 32,160 32,160 015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH 152,976 152,976 016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES 79,254 79,254 SUBTOTAL APPLIED RESEARCH 975,915 1,076,415 ADVANCED TECHNOLOGY DEVELOPMENT 017 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 21,661 21,661 018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY 8,146 8,146 019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 224,155 274,055 Marine Corps UFR—Maritime Targeting Cell-Expeditionary [5,300] Marine Corps UFR—Unmanned adversary technology investment [10,000] Next generation logistics—autonomous littoral connector [9,600] Program increase—low-cost atrittable aircraft technology [25,000] 020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 13,429 13,429 021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 265,299 265,299 022 0603680N MANUFACTURING TECHNOLOGY PROGRAM 57,236 57,236 023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY 4,935 4,935 024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 47,167 47,167 025 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 1,981 1,981 026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT 133,779 153,779 Attritable group III ultra-long endurance unmanned aircraft for persistent ISR [10,000] Program increase—railgun [10,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 777,788 847,688 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 027 0603128N UNMANNED AERIAL SYSTEM 16,879 16,879 028 0603178N MEDIUM AND LARGE UNMANNED SURFACE VEHICLES (USVS) 144,846 102,846 LUSV integrated combat system early to need [–42,000] 029 0603207N AIR/OCEAN TACTICAL APPLICATIONS 27,849 27,849 030 0603216N AVIATION SURVIVABILITY 16,815 16,815 031 0603239N NAVAL CONSTRUCTION FORCES 5,290 5,290 033 0603254N ASW SYSTEMS DEVELOPMENT 17,612 17,612 034 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,111 3,111 035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 32,310 32,310 036 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 58,013 58,013 037 0603506N SURFACE SHIP TORPEDO DEFENSE 1,862 1,862 038 0603512N CARRIER SYSTEMS DEVELOPMENT 7,182 7,182 039 0603525N PILOT FISH 408,087 408,087 040 0603527N RETRACT LARCH 44,197 44,197 041 0603536N RETRACT JUNIPER 144,541 144,541 042 0603542N RADIOLOGICAL CONTROL 761 761 043 0603553N SURFACE ASW 1,144 1,144 044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 99,782 99,782 045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 14,059 14,059 046 0603563N SHIP CONCEPT ADVANCED DESIGN 111,590 111,590 047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 106,957 106,957 048 0603570N ADVANCED NUCLEAR POWER SYSTEMS 203,572 203,572 049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 78,122 78,122 050 0603576N CHALK EAGLE 80,270 80,270 051 0603581N LITTORAL COMBAT SHIP (LCS) 84,924 84,924 052 0603582N COMBAT SYSTEM INTEGRATION 17,322 17,322 053 0603595N OHIO REPLACEMENT 296,231 303,731 Program increase—composites development [7,500] 054 0603596N LCS MISSION MODULES 75,995 75,995 055 0603597N AUTOMATED TEST AND RE-TEST (ATRT) 7,805 7,805 056 0603599N FRIGATE DEVELOPMENT 109,459 109,459 057 0603609N CONVENTIONAL MUNITIONS 7,296 7,296 058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 77,065 67,707 Armored reconnaissance vehicle GFE excess to need [–4,400] Armored reconnaissance vehicle testing early to need [–4,958] 059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 34,785 34,785 060 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 8,774 8,774 061 0603721N ENVIRONMENTAL PROTECTION 20,677 20,677 062 0603724N NAVY ENERGY PROGRAM 33,824 43,824 AR3P auto refueling system [10,000] 063 0603725N FACILITIES IMPROVEMENT 6,327 6,327 064 0603734N CHALK CORAL 579,389 579,389 065 0603739N NAVY LOGISTIC PRODUCTIVITY 669 669 066 0603746N RETRACT MAPLE 295,295 295,295 067 0603748N LINK PLUMERIA 692,280 692,280 068 0603751N RETRACT ELM 83,904 83,904 069 0603764M LINK EVERGREEN 221,253 264,453 Marine Corps UFR—Additional development [43,200] 071 0603790N NATO RESEARCH AND DEVELOPMENT 5,805 5,805 072 0603795N LAND ATTACK TECHNOLOGY 4,017 4,017 073 0603851M JOINT NON-LETHAL WEAPONS TESTING 29,589 29,589 074 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 24,450 24,450 075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS 81,803 81,803 076 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 48,793 48,793 077 0604027N DIGITAL WARFARE OFFICE 46,769 55,752 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [8,983] 078 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES 84,676 84,676 079 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES 59,299 59,299 081 0604031N LARGE UNMANNED UNDERSEA VEHICLES 88,063 81,407 Contract award excess to need [–6,656] 082 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) 121,509 121,509 083 0604126N LITTORAL AIRBORNE MCM 18,669 15,187 COBRA Block II early to need [–3,482] 084 0604127N SURFACE MINE COUNTERMEASURES 13,655 13,655 085 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 33,246 33,246 086 0604289M NEXT GENERATION LOGISTICS 1,071 1,071 087 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) 9,825 9,825 088 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 6,555 6,555 089 0604454N LX (R) 3,344 3,344 090 0604536N ADVANCED UNDERSEA PROTOTYPING 58,473 51,283 Test and evaluation excess to need [–7,190] 091 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) 5,529 5,529 092 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 97,944 97,944 093 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 9,340 9,340 094 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 127,756 104,756 Project 3343 lack of program justification [–23,000] 095 0605512N MEDIUM UNMANNED SURFACE VEHICLES (MUSVS)) 60,028 60,028 096 0605513N UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES 170,838 123,838 USV machinery qualification insufficient justification [–47,000] 097 0605514M GROUND BASED ANTI-SHIP MISSILE (MARFORRES) 102,716 102,716 098 0605516M LONG RANGE FIRES (MARFORRES) 88,479 88,479 099 0605518N CONVENTIONAL PROMPT STRIKE (CPS) 1,372,340 1,498,340 Navy UFR—Additional CPS development [126,000] 100 0303354N ASW SYSTEMS DEVELOPMENT—MIP 8,571 8,571 101 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 16,204 23,204 Program increase—K-max unmanned logistics system [7,000] 102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 506 506 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 7,077,987 7,141,984 SYSTEM DEVELOPMENT & DEMONSTRATION 103 0603208N TRAINING SYSTEM AIRCRAFT 5,864 5,864 104 0604212N OTHER HELO DEVELOPMENT 56,444 49,312 Attack and utility replacement aircraft excess studies and analysis [–7,132] 105 0604214M AV–8B AIRCRAFT—ENG DEV 10,146 10,146 106 0604215N STANDARDS DEVELOPMENT 4,082 4,082 107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 46,418 54,418 Program increase—MH–60 modernization [8,000] 108 0604221N P–3 MODERNIZATION PROGRAM 579 579 109 0604230N WARFARE SUPPORT SYSTEM 10,167 10,167 110 0604231N COMMAND AND CONTROL SYSTEMS 122,913 122,913 111 0604234N ADVANCED HAWKEYE 386,860 386,860 112 0604245M H–1 UPGRADES 50,158 50,158 113 0604261N ACOUSTIC SEARCH SENSORS 46,066 46,066 114 0604262N V–22A 107,984 107,984 115 0604264N AIR CREW SYSTEMS DEVELOPMENT 22,746 22,746 116 0604269N EA–18 68,425 68,425 117 0604270N ELECTRONIC WARFARE DEVELOPMENT 139,535 136,593 Dual band decoy previously funded [–2,942] 118 0604273M EXECUTIVE HELO DEVELOPMENT 45,932 45,932 119 0604274N NEXT GENERATION JAMMER (NGJ) 243,923 235,423 Test and evaluation delays [–8,500] 120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 234,434 243,417 Navy tactical grid development for JADC2 [8,983] 121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 248,096 230,100 Contract delays [–17,996] 122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 371,575 371,575 123 0604311N LPD–17 CLASS SYSTEMS INTEGRATION 904 904 124 0604329N SMALL DIAMETER BOMB (SDB) 46,769 46,769 125 0604366N STANDARD MISSILE IMPROVEMENTS 343,511 343,511 126 0604373N AIRBORNE MCM 10,881 10,881 127 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 46,121 52,621 Program increase—stratospheric balloons [6,500] 128 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) 15,000 Program increase [15,000] 129 0604501N ADVANCED ABOVE WATER SENSORS 77,852 77,852 130 0604503N SSN–688 AND TRIDENT MODERNIZATION 95,693 95,693 131 0604504N AIR CONTROL 27,499 27,499 132 0604512N SHIPBOARD AVIATION SYSTEMS 8,924 8,924 133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,631 11,631 134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM 96,556 96,556 135 0604530N ADVANCED ARRESTING GEAR (AAG) 147 147 136 0604558N NEW DESIGN SSN 503,252 603,252 SSN Block VI design and advanced capabilities [100,000] 137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 62,115 62,115 138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 54,829 54,829 139 0604574N NAVY TACTICAL COMPUTER RESOURCES 4,290 4,290 140 0604601N MINE DEVELOPMENT 76,027 65,646 Encapsulated effector contract delays [–10,381] 141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 94,386 94,386 142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 8,348 8,348 143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV 42,144 42,144 144 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 7,375 7,375 146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 149,433 149,433 147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 87,862 84,488 Project 0173 MK9 CWTI replacement delay [–3,374] 148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 69,006 69,006 149 0604761N INTELLIGENCE ENGINEERING 20,684 20,684 150 0604771N MEDICAL DEVELOPMENT 3,967 11,467 Program increase—autonomous aerial technology for distributed logistics [7,500] 151 0604777N NAVIGATION/ID SYSTEM 48,837 48,837 152 0604800M JOINT STRIKE FIGHTER (JSF)—EMD 577 577 153 0604800N JOINT STRIKE FIGHTER (JSF)—EMD 262 262 154 0604850N SSN(X) 29,829 29,829 155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277 156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 239,892 Contract writing systems reduction [–3,936] 157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT 8,426 8,426 158 0605180N TACAMO MODERNIZATION 150,592 90,472 Unjustified air vehicle acquisition strategy [–60,120] 159 0605212M CH–53K RDTE 256,903 256,903 160 0605215N MISSION PLANNING 88,128 88,128 161 0605217N COMMON AVIONICS 60,117 92,017 Marine Corps UFR—MANGL Digital Interoperability [31,900] 162 0605220N SHIP TO SHORE CONNECTOR (SSC) 6,320 6,320 163 0605327N T-AO 205 CLASS 4,336 4,336 164 0605414N UNMANNED CARRIER AVIATION (UCA) 268,937 268,937 165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 356 356 166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 27,279 27,279 167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 173,784 173,784 168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION 80,709 80,709 169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION 2,005 2,005 170 0204202N DDG–1000 112,576 112,576 174 0304785N ISR & INFO OPERATIONS 136,140 133,781 Program decrease [–2,359] 175 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 26,318 26,318 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 5,910,089 5,971,232 MANAGEMENT SUPPORT 176 0604256N THREAT SIMULATOR DEVELOPMENT 20,862 20,862 177 0604258N TARGET SYSTEMS DEVELOPMENT 12,113 12,113 178 0604759N MAJOR T&E INVESTMENT 84,617 84,617 179 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 3,108 3,108 180 0605154N CENTER FOR NAVAL ANALYSES 38,590 38,590 183 0605804N TECHNICAL INFORMATION SERVICES 934 934 184 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 93,966 93,966 185 0605856N STRATEGIC TECHNICAL SUPPORT 3,538 3,538 186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 135,149 135,149 187 0605864N TEST AND EVALUATION SUPPORT 429,277 429,277 188 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 24,872 24,872 189 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 17,653 17,653 190 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 8,065 8,065 191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 47,042 44,042 Wargaming capability project restructured [–3,000] 192 0605898N MANAGEMENT HQ—R&D 35,614 35,614 193 0606355N WARFARE INNOVATION MANAGEMENT 38,958 38,958 194 0305327N INSIDER THREAT 2,581 2,581 195 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) 1,747 1,747 SUBTOTAL MANAGEMENT SUPPORT 998,686 995,686 OPERATIONAL SYSTEMS DEVELOPMENT 199 0604840M F–35 C2D2 515,746 515,746 200 0604840N F–35 C2D2 481,962 481,962 201 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS (MARFORRES) 65,381 65,381 202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 176,486 176,486 203 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 177,098 198,998 D5LE2 integration and test early to need [–2,100] Next generation strategic inertial measurement unit [9,000] Strategic weapons system shipboard navigation modernization [15,000] 204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 45,775 45,775 205 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 64,752 64,752 206 0101402N NAVY STRATEGIC COMMUNICATIONS 35,451 35,451 207 0204136N F/A–18 SQUADRONS 189,224 196,224 Program increase—neural network algorithms on advanced processors [3,000] Program increase—noise reduction research [4,000] 208 0204228N SURFACE SUPPORT 13,733 13,733 209 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 132,181 132,181 210 0204311N INTEGRATED SURVEILLANCE SYSTEM 84,276 84,276 211 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 6,261 6,261 212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 1,657 1,657 213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 21,367 68,367 Marine Corps UFR—Air traffic control Block IV development [23,000] Marine Corps UFR—Radar signal processor refresh [12,000] Marine Corps UFR—Software mods to implement NIFC [12,000] 214 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 56,741 56,741 215 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 62,006 62,006 216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 133,520 125,823 Program decrease [–7,697] 217 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 28,804 28,804 218 0205632N MK–48 ADCAP 114,492 114,492 219 0205633N AVIATION IMPROVEMENTS 132,486 132,486 220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 113,760 113,760 221 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 89,897 92,697 Compact solid state antenna—USMC UPL [2,800] 222 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) 9,324 12,824 Marine Corps UFR—Software development for NIFC integration [3,500] 223 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 108,235 108,235 224 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 13,185 13,185 225 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 37,695 44,295 Marine Corps UFR—G-BOSS High Definition modernization [3,700] Marine Corps UFR—SCINet transition [2,900] 226 0206629M AMPHIBIOUS ASSAULT VEHICLE 7,551 7,551 227 0207161N TACTICAL AIM MISSILES 23,881 23,881 228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 32,564 32,564 229 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,101 3,101 234 0303138N AFLOAT NETWORKS 30,890 35,690 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [4,800] 235 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,311 33,311 236 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 7,514 7,514 237 0305204N TACTICAL UNMANNED AERIAL VEHICLES 9,837 9,837 238 0305205N UAS INTEGRATION AND INTEROPERABILITY 9,797 9,797 239 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 38,800 38,800 240 0305220N MQ–4C TRITON 13,029 13,029 241 0305231N MQ–8 UAV 26,543 26,543 242 0305232M RQ–11 UAV 533 533 243 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 1,772 1,772 245 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 59,252 59,252 246 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) 9,274 9,274 247 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 36,378 36,378 248 0305421N RQ–4 MODERNIZATION 134,323 134,323 249 0307577N INTELLIGENCE MISSION DATA (IMD) 907 907 250 0308601N MODELING AND SIMULATION SUPPORT 9,772 9,772 251 0702207N DEPOT MAINTENANCE (NON-IF) 36,880 41,880 CPF—defense industrial skills and technology training [5,000] 252 0708730N MARITIME TECHNOLOGY (MARITECH) 3,329 3,329 999 9999999999 CLASSIFIED PROGRAMS 1,872,586 1,872,586 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 5,313,319 5,404,222 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 254 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM 13,703 13,703 255 0608113N NAVY NEXT GENERATION ENTERPRISE NETWORK (NGEN)—SOFTWARE PILOT PROGRAM 955,151 955,151 256 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM 14,855 14,855 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 983,709 983,709 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 22,639,362 23,101,189 RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 001 0601102F DEFENSE RESEARCH SCIENCES 328,303 347,823 Program increase—basic research [19,520] 002 0601103F UNIVERSITY RESEARCH INITIATIVES 162,403 193,903 CPF—neural-enabled prosthetics [1,500] University research programs [30,000] SUBTOTAL BASIC RESEARCH 490,706 541,726 APPLIED RESEARCH 004 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH 79,901 79,901 005 0602102F MATERIALS 113,460 145,460 Continuous composites 3D printing [7,000] CPF—affordable multifunctional aerospace composites [10,000] Digital maintenance advisor [5,000] High energy synchrotron x-ray research [5,000] Maturation of carbon/carbon thermal protection systems [5,000] 006 0602201F AEROSPACE VEHICLE TECHNOLOGIES 163,032 170,532 Ground test and development of hypersonic engines [5,000] Nano-UAS for the military warfighter [2,500] 007 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 136,273 136,273 008 0602203F AEROSPACE PROPULSION 174,683 181,683 Low-cost small turbine engine research [7,000] 009 0602204F AEROSPACE SENSORS 198,918 461,918 Chip-locking microelectronics security [6,000] Cyber assurance and assessment of electronic hardware systems [7,000] Microelectronics research network [250,000] 011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES 8,891 8,891 012 0602602F CONVENTIONAL MUNITIONS 151,757 151,757 013 0602605F DIRECTED ENERGY TECHNOLOGY 111,052 113,552 CPF—directed energy research and education for workforce development [2,500] 014 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 169,110 181,110 CPF—assessment of a national laboratory for transformational computing [2,000] Program increase—quantum network testbed [10,000] SUBTOTAL APPLIED RESEARCH 1,307,077 1,631,077 ADVANCED TECHNOLOGY DEVELOPMENT 017 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS 131,643 187,643 Procure Valkyrie aircraft [75,000] Program reduction [–19,000] 018 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 31,905 41,905 Metals affordability research [10,000] 019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 21,057 21,057 020 0603203F ADVANCED AEROSPACE SENSORS 45,464 54,764 Authorization software for autonomous sensors [9,300] 021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 70,486 85,486 Enhanced capability hypersonic airbreathing testbed [15,000] 022 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY 75,273 159,773 CPF—development of advanced propulsion technologies for hypersonic systems [5,000] Ground testing of reusable high mach turbine engines [20,000] Next generation UAS propulsion development [30,000] Reusable high mach turbine engine [29,500] 023 0603270F ELECTRONIC COMBAT TECHNOLOGY 46,591 46,591 026 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT 24,589 24,589 027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 157,423 157,423 028 0603605F ADVANCED WEAPONS TECHNOLOGY 28,258 33,258 Program increase—LIDAR CUAS automated target recognition [5,000] 029 0603680F MANUFACTURING TECHNOLOGY PROGRAM 45,259 157,259 Aerospace and defense supply ecosystem [6,000] CPF—additive manufacturing and ultra-high performance concrete [5,000] Program increase [70,000] Smart manufacturing digital thread initiative [10,000] Sustainment and modernization research and development program [7,000] Universal robotic controller [6,000] Virtual, augmented, and mixed reality readiness [8,000] 030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION 56,772 56,772 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 734,720 1,026,520 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 5,795 5,795 032 0603742F COMBAT IDENTIFICATION TECHNOLOGY 21,939 21,939 033 0603790F NATO RESEARCH AND DEVELOPMENT 4,114 4,114 034 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 49,621 49,621 036 0604001F NC3 ADVANCED CONCEPTS 6,900 6,900 037 0604002F AIR FORCE WEATHER SERVICES RESEARCH 986 986 038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) 203,849 203,849 039 0604004F ADVANCED ENGINE DEVELOPMENT 123,712 380,712 Program increase—AETP [257,000] 040 0604006F ARCHITECTURE INITIATIVES 82,438 128,438 Acceleration of tactical datalink waveform [80,000] Program decrease [–34,000] 041 0604015F LONG RANGE STRIKE—BOMBER 2,872,624 2,872,624 042 0604032F DIRECTED ENERGY PROTOTYPING 10,820 10,820 043 0604033F HYPERSONICS PROTOTYPING 438,378 438,378 044 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 39,742 39,742 045 0604257F ADVANCED TECHNOLOGY AND SENSORS 23,745 23,745 046 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER 95,788 95,788 047 0604317F TECHNOLOGY TRANSFER 15,768 23,268 Program increase—academic partnership intermediary agreement tech transfer [7,500] 048 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 15,886 15,886 049 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 71,229 71,229 050 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 40,103 40,103 051 0604858F TECH TRANSITION PROGRAM 343,545 442,545 Blended wing body prototype phase 1 [15,000] C–17 active winglets phase 1 [2,000] KC–135 winglets [2,000] NORTHCOM UFR—Proliferated low earth orbit Arctic communications [80,000] 052 0605230F GROUND BASED STRATEGIC DETERRENT 2,553,541 2,553,541 054 0207110F NEXT GENERATION AIR DOMINANCE 1,524,667 1,524,667 055 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) 50,000 Build command and control framework [50,000] 056 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 10,905 10,905 057 0208030F WAR RESERVE MATERIEL—AMMUNITION 3,943 3,943 059 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 43,881 43,881 061 0305601F MISSION PARTNER ENVIRONMENTS 16,420 16,420 062 0306250F CYBER OPERATIONS TECHNOLOGY SUPPORT 242,499 282,499 Coordination with private sector to protect against foreign malicious cyber actors [15,000] CYBERCOM UFR enhanced attribution transition [25,000] 063 0306415F ENABLED CYBER ACTIVITIES 16,578 16,578 066 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM 20,343 20,343 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 8,899,759 9,399,259 SYSTEM DEVELOPMENT & DEMONSTRATION 078 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS 23,499 23,499 079 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 167,520 167,520 080 0604222F NUCLEAR WEAPONS SUPPORT 30,050 30,050 081 0604270F ELECTRONIC WARFARE DEVELOPMENT 2,110 2,110 082 0604281F TACTICAL DATA NETWORKS ENTERPRISE 169,836 169,836 083 0604287F PHYSICAL SECURITY EQUIPMENT 8,469 8,469 085 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 9,047 9,047 086 0604604F SUBMUNITIONS 2,954 2,954 087 0604617F AGILE COMBAT SUPPORT 16,603 16,603 089 0604706F LIFE SUPPORT SYSTEMS 25,437 25,437 090 0604735F COMBAT TRAINING RANGES 23,980 34,180 Air Force combat training ranges [7,200] Gulf test range improvement [3,000] 092 0604932F LONG RANGE STANDOFF WEAPON 609,042 609,042 093 0604933F ICBM FUZE MODERNIZATION 129,709 129,709 095 0605056F OPEN ARCHITECTURE MANAGEMENT 37,109 37,109 096 0605221F KC–46 1 1 097 0605223F ADVANCED PILOT TRAINING 188,898 188,898 098 0605229F HH–60W 66,355 30,506 Early to need—capability upgrades and modernization [–35,849] 101 0207171F F–15 EPAWSS 112,012 112,012 102 0207328F STAND IN ATTACK WEAPON 166,570 166,570 103 0207701F FULL COMBAT MISSION TRAINING 7,064 12,064 Program increase—airborne augmented reality for pilot training [5,000] 105 0401221F KC–46A TANKER SQUADRONS 73,459 67,459 Underexecution [–6,000] 107 0401319F VC–25B 680,665 655,665 Early to need [–25,000] 108 0701212F AUTOMATED TEST SYSTEMS 15,445 15,445 109 0804772F TRAINING DEVELOPMENTS 4,482 4,482 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 2,570,316 2,518,667 MANAGEMENT SUPPORT 124 0604256F THREAT SIMULATOR DEVELOPMENT 41,909 41,909 125 0604759F MAJOR T&E INVESTMENT 130,766 130,766 126 0605101F RAND PROJECT AIR FORCE 36,017 36,017 128 0605712F INITIAL OPERATIONAL TEST & EVALUATION 12,582 12,582 129 0605807F TEST AND EVALUATION SUPPORT 811,032 811,032 131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS 243,796 243,796 132 0605828F ACQ WORKFORCE- GLOBAL REACH 435,930 435,930 133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 435,274 435,274 135 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 243,806 243,806 136 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY 103,041 103,041 137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS 226,055 226,055 138 0605898F MANAGEMENT HQ—R&D 4,079 4,079 139 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 70,788 70,788 140 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 30,057 30,057 141 0606017F REQUIREMENTS ANALYSIS AND MATURATION 85,799 80,799 Program decrease [–5,000] 142 0606398F MANAGEMENT HQ—T&E 6,163 6,163 143 0303166F SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES 537 537 144 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM 25,340 35,340 Program increase—NC3 rapid engineering architecture collaboration hub [10,000] 145 0308602F ENTERPRISE INFORMATION SERVICES (EIS) 28,720 28,720 146 0702806F ACQUISITION AND MANAGEMENT SUPPORT 37,211 37,211 147 0804731F GENERAL SKILL TRAINING 1,506 1,506 148 0804772F TRAINING DEVELOPMENTS 2,957 2,957 150 1001004F INTERNATIONAL ACTIVITIES 2,420 2,420 156 1206864F SPACE TEST PROGRAM (STP) 3 3 SUBTOTAL MANAGEMENT SUPPORT 3,015,788 3,020,788 OPERATIONAL SYSTEMS DEVELOPMENT 157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 5,509 5,509 158 0604445F WIDE AREA SURVEILLANCE 2,760 2,760 160 0604840F F–35 C2D2 985,404 985,404 161 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 22,010 22,010 162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 51,492 51,492 163 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 71,391 71,391 164 0605278F HC/MC–130 RECAP RDT&E 46,796 46,796 165 0606018F NC3 INTEGRATION 26,532 26,532 167 0101113F B–52 SQUADRONS 715,811 660,811 CERP rapid prototyping materiel contract delay [–55,000] 168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453 169 0101126F B–1B SQUADRONS 29,127 29,127 170 0101127F B–2 SQUADRONS 144,047 144,047 171 0101213F MINUTEMAN SQUADRONS 113,622 113,622 172 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS 15,202 15,202 174 0101328F ICBM REENTRY VEHICLES 96,313 96,313 176 0102110F UH–1N REPLACEMENT PROGRAM 16,132 16,132 177 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 771 771 178 0102412F NORTH WARNING SYSTEM (NWS) 99 25,199 NORTHCOM UFR—Over the horizon radar [25,100] 179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 42,300 42,300 180 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL 5,889 5,889 181 0205219F MQ–9 UAV 85,135 84,121 Early to need—program protection technology insertion [–1,014] 182 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE 3,111 3,111 183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT 36,607 36,607 184 0207131F A–10 SQUADRONS 39,224 39,224 185 0207133F F–16 SQUADRONS 224,573 224,573 186 0207134F F–15E SQUADRONS 239,616 239,616 187 0207136F MANNED DESTRUCTIVE SUPPRESSION 15,855 15,855 188 0207138F F–22A SQUADRONS 647,296 647,296 189 0207142F F–35 SQUADRONS 69,365 69,365 190 0207146F F–15EX 118,126 118,126 191 0207161F TACTICAL AIM MISSILES 32,974 32,974 192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 51,288 51,288 193 0207227F COMBAT RESCUE—PARARESCUE 852 852 194 0207247F AF TENCAP 23,685 23,685 195 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 12,083 12,083 196 0207253F COMPASS CALL 91,266 91,266 197 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 103,715 103,715 198 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 117,325 117,325 199 0207327F SMALL DIAMETER BOMB (SDB) 27,109 27,109 200 0207410F AIR & SPACE OPERATIONS CENTER (AOC) 3 3 201 0207412F CONTROL AND REPORTING CENTER (CRC) 9,875 9,875 202 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) 171,014 171,014 203 0207418F AFSPECWAR—TACP 4,598 4,598 205 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 21,863 21,863 206 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I 7,905 7,905 207 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR) 15,000 15,000 208 0207444F TACTICAL AIR CONTROL PARTY-MOD 13,081 13,081 209 0207452F DCAPES 4,305 4,305 210 0207521F AIR FORCE CALIBRATION PROGRAMS 1,984 1,984 211 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 7,392 7,392 212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 1,971 1,971 213 0207590F SEEK EAGLE 30,539 30,539 214 0207601F USAF MODELING AND SIMULATION 17,110 17,110 215 0207605F WARGAMING AND SIMULATION CENTERS 7,535 7,535 216 0207610F BATTLEFIELD ABN COMM NODE (BACN) 32,008 32,008 217 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,007 4,007 218 0208006F MISSION PLANNING SYSTEMS 92,557 92,557 219 0208007F TACTICAL DECEPTION 489 489 220 0208064F OPERATIONAL HQ—CYBER 2,115 2,115 221 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 72,487 72,487 222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 18,449 18,449 223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) 79,079 79,079 224 0208099F UNIFIED PLATFORM (UP) 101,893 101,893 228 0208288F INTEL DATA APPLICATIONS 493 493 229 0301025F GEOBASE 2,782 2,782 231 0301113F CYBER SECURITY INTELLIGENCE SUPPORT 5,224 5,224 238 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS 2,463 2,463 239 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 26,331 26,331 240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 58,165 58,165 242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 8,032 8,032 243 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 452 452 244 0303248F ALL DOMAIN COMMON PLATFORM 64,000 64,000 246 0304260F AIRBORNE SIGINT ENTERPRISE 97,546 93,546 Excess carryover—special projects [–4,000] 247 0304310F COMMERCIAL ECONOMIC ANALYSIS 3,770 8,770 CPF—mobilizing civilian expertise for national security education on geo-economics, and innovation in the era of great power competition [5,000] 251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY 1,663 1,663 252 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) 18,888 15,888 Excess to need [–3,000] 253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 4,672 4,672 254 0305103F CYBER SECURITY INITIATIVE 290 290 255 0305111F WEATHER SERVICE 26,228 36,228 Program increase—commercial weather data pilot [10,000] 256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 8,749 8,749 257 0305116F AERIAL TARGETS 1,528 126,528 Unmanned adversary air platforms [125,000] 260 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 223 223 262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 8,733 8,733 264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,335 21,335 265 0305202F DRAGON U–2 17,146 35,846 Air Force UFR—Antenna replacement [18,700] 267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 71,791 151,291 Air Force UFR—ASARS processor and antenna development [67,000] Program increase—wide area motion imagery [12,500] 268 0305207F MANNED RECONNAISSANCE SYSTEMS 14,799 14,799 269 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 24,568 24,568 270 0305220F RQ–4 UAV 83,124 83,124 271 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 17,224 17,224 272 0305238F NATO AGS 19,473 19,473 273 0305240F SUPPORT TO DCGS ENTERPRISE 40,421 40,421 274 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 14,473 14,473 275 0305881F RAPID CYBER ACQUISITION 4,326 4,326 276 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,567 2,567 277 0307577F INTELLIGENCE MISSION DATA (IMD) 6,169 6,169 278 0401115F C–130 AIRLIFT SQUADRON 9,752 9,752 279 0401119F C–5 AIRLIFT SQUADRONS (IF) 17,507 17,507 280 0401130F C–17 AIRCRAFT (IF) 16,360 16,360 281 0401132F C–130J PROGRAM 14,112 14,112 282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 5,540 5,540 283 0401218F KC–135S 3,564 3,564 285 0401318F CV–22 17,189 17,189 286 0408011F SPECIAL TACTICS / COMBAT CONTROL 6,640 6,640 288 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM 26,921 26,921 289 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 7,071 7,071 291 0804743F OTHER FLIGHT TRAINING 1,999 1,999 293 0901202F JOINT PERSONNEL RECOVERY AGENCY 1,841 1,841 294 0901218F CIVILIAN COMPENSATION PROGRAM 3,560 3,560 295 0901220F PERSONNEL ADMINISTRATION 3,368 3,368 296 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 1,248 1,248 297 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 4,852 4,852 301 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 6,737 6,737 999 9999999999 CLASSIFIED PROGRAMS 15,868,973 15,868,973 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 21,743,006 21,943,292 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 317 0608158F STRATEGIC MISSION PLANNING AND EXECUTION SYSTEM—SOFTWARE PILOT PROGRAM 96,100 96,100 318 0608410F AIR & SPACE OPERATIONS CENTER (AOC)—SOFTWARE PILOT PROGRAM 186,918 186,918 319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND MANAGEMENT SYSTEM (DEAMS)—SOFTWARE PILOT PRO 135,263 135,263 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 418,281 418,281 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 39,179,653 40,499,610 RDTE, SPACE FORCE APPLIED RESEARCH 001 1206601SF SPACE TECHNOLOGY 181,209 201,709 Battery cycle life improvements [3,000] Program increase—hybrid space architecture [5,000] Program increase—radiation hardened microprocessor [5,000] Program increase—university consortia for space technology [7,500] SUBTOTAL APPLIED RESEARCH 181,209 201,709 ADVANCED TECHNOLOGY DEVELOPMENT 002 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO 75,919 136,919 Space Force UFR—accelerate cislunar flight experiment [61,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 75,919 136,919 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 003 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 434,194 434,194 004 1203710SF EO/IR WEATHER SYSTEMS 162,274 162,274 005 1203905SF SPACE SYSTEM SUPPORT 37,000 37,000 006 1206422SF WEATHER SYSTEM FOLLOW-ON 61,521 61,521 007 1206425SF SPACE SITUATION AWARENESS SYSTEMS 123,262 130,262 Space Force UFR—Maui optical site [7,000] 008 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) 101,851 129,851 Space Force UFR—Expand Blackjack radio frequency payloads [28,000] 009 1206438SF SPACE CONTROL TECHNOLOGY 32,931 32,931 010 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 56,546 71,546 Program increase [15,000] 011 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) 100,320 100,320 012 1206761SF PROTECTED TACTICAL SERVICE (PTS) 243,285 243,285 013 1206855SF EVOLVED STRATEGIC SATCOM (ESS) 160,056 160,056 014 1206857SF SPACE RAPID CAPABILITIES OFFICE 66,193 66,193 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 1,579,433 1,629,433 SYSTEM DEVELOPMENT & DEMONSTRATION 015 1203269SF GPS III FOLLOW-ON (GPS IIIF) 264,265 264,265 016 1203940SF SPACE SITUATION AWARENESS OPERATIONS 56,279 56,279 017 1206421SF COUNTERSPACE SYSTEMS 38,063 38,063 018 1206422SF WEATHER SYSTEM FOLLOW-ON 1,438 1,438 019 1206425SF SPACE SITUATION AWARENESS SYSTEMS 127,026 136,026 Space Force UFR—Add space domain rapid innovation pathfinders [9,000] 020 1206431SF ADVANCED EHF MILSATCOM (SPACE) 28,218 28,218 021 1206432SF POLAR MILSATCOM (SPACE) 127,870 127,870 022 1206442SF NEXT GENERATION OPIR 2,451,256 2,451,256 023 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION 23,400 23,400 024 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD 221,510 280,710 Maintain competition for Ph3—DOD unique requirements [50,000] Space Force UFR—Liquid oxygen explosive tests [9,200] SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,339,325 3,407,525 MANAGEMENT SUPPORT 025 1206116SF SPACE TEST AND TRAINING RANGE DEVELOPMENT 19,319 52,619 Space Force UFR—signal emulation generation subsystem [33,300] 026 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS 214,051 214,051 027 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA 12,119 12,119 028 1206759SF MAJOR T&E INVESTMENT—SPACE 71,503 71,503 029 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 17,769 21,769 CPF—small rocket program [4,000] 030 1206862SF TACTICALLY RESPONSIVE LAUNCH 50,000 Program increase [50,000] 031 1206864SF SPACE TEST PROGRAM (STP) 20,881 20,881 SUBTOTAL MANAGEMENT SUPPORT 355,642 442,942 OPERATIONAL SYSTEM DEVELOPMENT 033 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) 4,731 4,731 034 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 156,788 156,788 035 1203040SF DCO-SPACE 2,150 2,150 036 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 112,012 112,012 037 1203110SF SATELLITE CONTROL NETWORK (SPACE) 36,810 36,810 038 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) 1,966 1,966 039 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER 1,699 5,699 Space Force UFR—Improve operations of payload adapter [4,000] 040 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 18,054 33,354 Space Force UFR—Digitial core services for distributed space test and training [15,300] 041 1203182SF SPACELIFT RANGE SYSTEM (SPACE) 11,115 23,115 CPF—tactically responsive launch/deployable spaceport [7,000] Program increase [5,000] 042 1203265SF GPS III SPACE SEGMENT 7,207 7,207 043 1203330SF SPACE SUPERIORITY ISR 18,109 18,109 044 1203620SF NATIONAL SPACE DEFENSE CENTER 1,280 1,280 045 1203873SF BALLISTIC MISSILE DEFENSE RADARS 12,292 12,292 046 1203906SF NCMC—TW/AA SYSTEM 9,858 9,858 047 1203913SF NUDET DETECTION SYSTEM (SPACE) 45,887 45,887 048 1203940SF SPACE SITUATION AWARENESS OPERATIONS 64,763 64,763 049 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 413,766 413,766 053 1206770SF ENTERPRISE GROUND SERVICES 191,713 191,713 999 9999999999 CLASSIFIED PROGRAMS 4,474,809 4,680,009 Space Force UFR—classified [205,200] SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 5,585,009 5,821,509 SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 054 1203614SF JSPOC MISSION SYSTEM 154,529 154,529 SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 154,529 154,529 TOTAL RDTE, SPACE FORCE 11,271,066 11,794,566 RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 001 0601000BR DTRA BASIC RESEARCH 11,828 12,705 Program increase [877] 002 0601101E DEFENSE RESEARCH SCIENCES 395,781 454,281 Adversary Influence Operations (IO)—detection, modeling, mitigation [5,000] Artificial Intelligence (AI)—trustworthy, human integrated, robust [5,000] Biotechnology for challenging environments [7,000] CPF—novel analytical and empirical approaches to the prediction and monitoring of disease transmission [1,500] High assurance software systems—resilient, adaptable, trustworthy [5,000] Increase for DARPA-funded university research activities [15,000] Program increase—ERI 2.0 [20,000] 003 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 15,390 15,390 004 0601110D8Z BASIC RESEARCH INITIATIVES 39,828 77,061 Consortium to study irregular warfare [8,000] CPF—Florida Memorial University Department of Natural Sciences STEM equipment [400] CPF—SOUTHCOM Enhanced Domain Awareness (EDA) initiative [1,300] DEPSCoR [10,000] Minerva management and social science research [13,000] Program increase [4,533] 005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 76,018 86,018 Assessing immune memory [5,000] Traumatic brain injury research [5,000] 006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 112,195 132,195 Civics education [2,000] CPF—Florida Memorial Avionics Smart Scholars [1,000] SMART scholarships for AI related education [13,000] SMART scholarships program increase [4,000] 007 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 31,136 73,247 CPF—augmenting quantum sensing research, education, and training in DOD COE at DSU [1,111] CPF—HBCU training for the future of aerospace [1,000] Program increase [40,000] 008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 34,708 37,208 Program increase—chemically resistant, high-performance military cordage, rope, and webbing [2,500] SUBTOTAL BASIC RESEARCH 716,884 888,105 APPLIED RESEARCH 009 0602000D8Z JOINT MUNITIONS TECHNOLOGY 19,591 19,591 010 0602115E BIOMEDICAL TECHNOLOGY 108,698 118,698 Bridging the gap after spinal cord injury [5,000] Non-invasive neurotechnology rehabilitation take home trials [5,000] 012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION 22,918 82,918 6G and beyond experimentation efforts [50,000] Artificial intelligence (AI)—trustworthy, human integrated, robust [10,000] 013 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 55,692 55,692 014 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 65,015 115,015 AI research and development [50,000] 015 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 430,363 745,363 National Security Commission on Artificial Intelligence implementation [200,000] Program increase—AI, cyber, and data analytics [15,000] Quantum computing acceleration [100,000] 016 0602383E BIOLOGICAL WARFARE DEFENSE 31,421 31,421 017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 206,956 213,456 Biodetection system for joint force infrastructure protection [6,500] 018 0602668D8Z CYBER SECURITY RESEARCH 15,380 35,380 AI-enabled cyber defense acceleration study [10,000] Program increase [10,000] 019 0602702E TACTICAL TECHNOLOGY 202,515 249,515 MADFIRES [30,000] Program increase—AI, cyber and data analytics [17,000] 020 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 317,024 378,624 Adaptive immunomodulation-based therapeutics (ElectRx) [4,600] Agile chemical manufacturing technologies (ACMT) [20,000] Bioengineered electronics and electromagnetic devices (Bio-INC) [6,000] Bioremediation of battlefields [7,000] Maritime materials technologies (M2T) [5,000] Materiel protection through biologics [5,000] Neuroprotection from brain injury [9,000] Regenerative engineering for complex tissue regeneration & limb reconstruction [5,000] 021 0602716E ELECTRONICS TECHNOLOGY 357,384 393,384 Program increase—ERI 2.0 [36,000] 022 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH 197,011 197,011 023 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 9,601 9,601 024 0602890D8Z HIGH ENERGY LASER RESEARCH 45,997 115,997 Directed energy innovation—improved beam control [50,000] Joint Directed Energy Transition Office [20,000] 025 1160401BB SOF TECHNOLOGY DEVELOPMENT 44,829 48,829 Program increase—sustained human performance and resilience [4,000] SUBTOTAL APPLIED RESEARCH 2,130,395 2,810,495 ADVANCED TECHNOLOGY DEVELOPMENT 026 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 23,213 23,213 027 0603121D8Z SO/LIC ADVANCED DEVELOPMENT 4,665 4,665 028 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 69,376 69,376 029 0603133D8Z FOREIGN COMPARATIVE TESTING 25,432 25,432 031 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT 399,362 404,362 Reduced order models [5,000] 032 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 15,800 29,700 BATMAA BMDS advanced technology [8,700] MDA UFR—Cybersecurity improvements [5,200] 033 0603180C ADVANCED RESEARCH 21,466 26,466 Program increase—high speed flight experiment testing [5,000] 034 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION 51,340 51,340 035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 19,063 19,063 036 0603286E ADVANCED AEROSPACE SYSTEMS 174,043 256,043 Glide breaker [20,000] Hypersonic Air-Breathing Weapon Concept (HAWC) [37,000] OpFires [10,000] Tactical Boost Glide (TBG) [15,000] 037 0603287E SPACE PROGRAMS AND TECHNOLOGY 101,524 186,524 Blackjack critical risk reduction [25,000] Blackjack schedule assurance [30,000] Robotic Servicing of Geosynchronous Satellites (RSGS) [30,000] 038 0603288D8Z ANALYTIC ASSESSMENTS 24,012 24,012 039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS 51,513 51,513 042 0603338D8Z DEFENSE MODERNIZATION AND PROTOTYPING 115,443 193,443 Defense critical supply chain documentation and monitoring [3,000] Rapid Innovation Program [75,000] 043 0603342D8Z DEFENSE INNOVATION UNIT (DIU) 31,873 31,873 044 0603375D8Z TECHNOLOGY INNOVATION 54,433 54,433 045 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 197,824 197,824 046 0603527D8Z RETRACT LARCH 99,175 99,175 047 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 18,221 18,221 048 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 102,669 102,669 049 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 2,984 2,984 050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 134,022 380,322 Additive manufacturing training [5,000] Biotechnology innovation—enabling modular and scalable bioindustrial and resuable assets [200,000] Certification-based workforce training programs for manufacturing [3,000] CPF—cold spray and rapid deposition lab [1,300] Cybersecurity for industrial control systems [3,000] Data analytics and visual system [3,000] HPC-enabled advanced manufacturing [8,000] Hypersonics advanced manufacturing [10,000] Integrated silicon-based lasers [10,000] Virtual reality-enabled smart installation experimentation [3,000] 051 0603680S MANUFACTURING TECHNOLOGY PROGRAM 37,543 47,543 Program increase—steel performance initiative [10,000] 053 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 12,418 12,418 054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 51,863 81,863 Program increase—AFFF replacement, disposal, and cleanup technology [15,000] Program increase—PFAS remediation and disposal technology [15,000] 055 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 160,821 160,821 056 0603727D8Z JOINT WARFIGHTING PROGRAM 2,169 2,169 057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 116,716 140,716 Program increase—ERI 2.0 [24,000] 058 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 251,794 295,394 Classified increase [21,000] Deep water active sonar [15,000] Network UP [5,000] SHARE alignment with OTNK research [1,100] SHARE ICN performance enhancements for operational use [1,500] 059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 584,771 779,246 Air combat evolution (ACE) [8,200] Artificial intelligence research activities [100,000] Assault breaker II [50,000] Classified increase [20,400] Ocean of things [875] Ocean of things phase 3 demonstration [10,000] Timely information for maritime engagements (TIMEly) [5,000] 060 0603767E SENSOR TECHNOLOGY 294,792 367,392 Classified increase [27,800] SECTRE munitions digital twin for in theater/flight target additions and performance improvements [4,400] Systems of systems-enhanced small units (SESU) [4,400] Thermal imaging technology experiment-recon (TITE-R) [36,000] 061 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT 6,398 9,198 Systems of systems-enhanced small units (SESU) [2,800] 062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 14,677 14,977 CODE enhancements for SESU [300] 065 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 107,397 107,397 066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 267,161 267,161 067 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 21,270 31,270 Program increase [10,000] 068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 74,300 74,300 070 0303310D8Z CWMD SYSTEMS 5,000 Data storage capabilities for special operations forces [5,000] 074 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 93,415 98,415 SOF platform agnostic data storage capability [5,000] 075 1206310SDA SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT 172,638 172,638 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 4,007,596 4,920,571 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 076 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 28,687 28,687 077 0603600D8Z WALKOFF 108,652 108,652 078 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES 5,000 CDO for ADA [5,000] 079 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 71,429 89,429 Military energy resilience catalyst [3,000] Program increase—AFFF replacement, disposal, and cleanup technology [5,000] Program increase—PFAS remediation and disposal technology [10,000] 080 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 277,949 213,382 Unjustified request, lacking acquisition strategy—LHD [–64,567] 081 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 745,144 740,144 Unjustified growth—ground support and fire control LHD lack of validated requirement and acquisition strategy [–5,000] 082 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 129,445 129,445 083 0603884C BALLISTIC MISSILE DEFENSE SENSORS 224,750 227,762 MDA UFR—Cybersecurity improvements [3,012] 084 0603890C BMD ENABLING PROGRAMS 595,301 631,881 MDA UFR—Cybersecurity improvements [44,830] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–8,250] 085 0603891C SPECIAL PROGRAMS—MDA 413,374 413,374 086 0603892C AEGIS BMD 732,512 694,418 Layered homeland defense lack of requirement [–86,494] MDA UFR—Radar upgrades [48,400] 087 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 603,448 587,424 MDA UFR—Cybersecurity improvements [2,000] MDA UFR—JADC2 integration [4,476] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–22,500] 088 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 50,594 50,594 089 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 52,403 52,403 090 0603906C REGARDING TRENCH 11,952 11,952 091 0603907C SEA BASED X-BAND RADAR (SBX) 147,241 147,241 092 0603913C ISRAELI COOPERATIVE PROGRAMS 300,000 300,000 093 0603914C BALLISTIC MISSILE DEFENSE TEST 362,906 362,906 094 0603915C BALLISTIC MISSILE DEFENSE TARGETS 553,334 568,784 Advanced target front end configuration 3 tech maturation [5,000] Architecture RTS development [10,000] MDS architecture IAC prototype [5,000] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–4,550] 096 0603923D8Z COALITION WARFARE 5,103 5,103 097 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G) 374,665 474,665 5G acceleration activities [100,000] 098 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,259 3,259 099 0604102C GUAM DEFENSE DEVELOPMENT 78,300 138,300 INDOPACOM UFR—Guam Defense System [60,000] 100 0604115C TECHNOLOGY MATURATION INITIATIVES 34,000 Program increase—diode pumped alkali laser [14,000] Short pulse laser directed energy demonstration [20,000] 103 0604181C HYPERSONIC DEFENSE 247,931 309,796 MDA UFR—Accelerate hypersonic defensive systems [61,865] 104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 716,456 831,456 Mission-based acquisition [100,000] Program increase—mobile nuclear microreactor [15,000] 105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 509,195 548,995 Advanced analog & mixed signal microelectronics design and manufacturing [6,800] Radiation-hardened application specific integrated circuits [18,000] Trusted and assured GaN and GaAs RFIC technology [15,000] 106 0604331D8Z RAPID PROTOTYPING PROGRAM 103,575 182,575 ADA network resiliency/cloud [79,000] 107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTOTYPING 11,213 26,213 National security innovation capital program increase [15,000] 108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT 2,778 2,778 109 0604551BR CATAPULT 7,166 7,166 110 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T 23,200 23,200 111 0604672C HOMELAND DEFENSE RADAR—HAWAII (HDR-H) 75,000 INDOPACOM UFR—Restoration of HDR-H [75,000] 113 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) 3,519 3,519 114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS 17,439 17,439 115 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 133,335 133,335 116 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 926,125 926,125 117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST 32,697 32,697 118 0604878C AEGIS BMD TEST 117,055 111,255 Unjustified growth—AEGIS LHD test funding early to need [–5,800] 119 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST 77,428 77,428 120 0604880C LAND-BASED SM–3 (LBSM3) 43,158 43,158 121 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 61,424 61,424 122 0202057C SAFETY PROGRAM MANAGEMENT 2,323 2,323 123 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS 2,568 2,568 125 0305103C CYBER SECURITY INITIATIVE 1,142 1,142 126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING 636,179 648,179 Laser communication terminal technologies [6,000] Space laser communications [6,000] 127 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM 15,176 15,176 128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 292,811 292,811 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 9,854,341 10,394,563 SYSTEM DEVELOPMENT & DEMONSTRATION 129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 5,682 5,682 131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 299,848 299,848 132 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 9,345 9,345 133 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT 14,063 14,063 134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265 135 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 7,205 7,205 136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 5,447 5,447 137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 16,892 34,892 ADVANA for ADA [18,000] 138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION 679 679 140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 32,254 32,254 142 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS) 5,500 5,500 143 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 7,148 7,148 144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 113,895 113,895 146 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS 3,991 3,991 149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 2,227 2,227 150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION 20,246 20,246 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 548,687 566,687 MANAGEMENT SUPPORT 151 0603829J JOINT CAPABILITY EXPERIMENTATION 8,444 8,444 152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 7,508 7,508 153 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 7,859 7,859 154 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 550,140 550,140 155 0604942D8Z ASSESSMENTS AND EVALUATIONS 17,980 17,980 156 0605001E MISSION SUPPORT 73,145 73,145 157 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 71,410 71,410 159 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 52,671 52,671 161 0605142D8Z SYSTEMS ENGINEERING 40,030 40,030 162 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 4,612 4,612 163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 14,429 14,429 164 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 4,759 4,759 165 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) 1,952 1,952 166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 110,503 110,503 172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER 3,639 3,639 173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 25,889 63,889 Regional secure computing enclave pilot [38,000] 174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 39,774 257,774 ISR & information operations [10,000] PNT modernization—signals of opportunity [140,000] Spectrum innovation—low SWaP-C directional sources [68,000] 175 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 61,453 61,453 176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 18,762 18,762 177 0605804D8Z DEVELOPMENT TEST AND EVALUATION 27,366 27,366 178 0605898E MANAGEMENT HQ—R&D 12,740 12,740 179 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 3,549 3,549 180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 15,438 15,438 181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS 2,897 2,897 182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT 918 918 183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY POLICY 31,638 31,638 184 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 2,925 2,925 185 0204571J JOINT STAFF ANALYTICAL SUPPORT 977 977 186 0208045K C4I INTEROPERABILITY 55,361 60,361 Joint warfighting network architecture [5,000] 189 0303140SE INFORMATION SYSTEMS SECURITY PROGRAM 853 853 191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) 969 969 192 0305172K COMBINED ADVANCED APPLICATIONS 15,696 15,696 194 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,073 3,073 197 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA 29,530 29,530 198 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI) 689 689 199 0901598C MANAGEMENT HQ—MDA 24,102 24,102 200 0903235K JOINT SERVICE PROVIDER (JSP) 2,645 2,645 999 9999999999 CLASSIFIED PROGRAMS 37,520 37,520 SUBTOTAL MANAGEMENT SUPPORT 1,383,845 1,644,845 OPERATIONAL SYSTEMS DEVELOPMENT 202 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 5,355 5,355 203 0604532K JOINT ARTIFICIAL INTELLIGENCE 10,033 67,833 JAIC for ADA [57,800] 206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 58,189 149,689 Accelerated training in defense manufacturing (ATDM) pilot [10,000] Carbon/carbon industrial base enhancement [6,000] Demonstration program on domestic production of rare earth elements from coal byproducts [3,000] Digital manufacturing [1,500] Directed energy supply chain assurance [2,000] Industrial skills training [2,500] Machine and advanced manufacturing—IACMI [20,000] Program increase [20,000] Radar resiliency [2,500] Rare earth element separation technologies [4,000] Submarine construction workforce training pipeline [20,000] 207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT 18,721 18,721 208 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 7,398 7,398 209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 58,261 58,261 215 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 16,233 16,233 216 0303126K LONG-HAUL COMMUNICATIONS—DCS 10,275 10,275 217 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 4,892 4,892 218 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) 83,751 83,751 219 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 49,191 69,191 Workforce transformation cyber initiative pilot program [20,000] 220 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 423,745 535,845 Additional cybersecurity support for the defense industrial base [25,000] Hardening DOD networks [12,100] JFHQ DODIN staffing and tools [50,000] Pilot program on public-private partnership with internet ecosystem companies [25,000] 221 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 5,707 5,707 222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 4,150 4,150 223 0303153K DEFENSE SPECTRUM ORGANIZATION 19,302 19,302 224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) 9,342 9,342 226 0303430V FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY 15,326 15,326 232 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES 8,800 8,800 235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 3,820 3,820 237 0305186D8Z POLICY R&D PROGRAMS 4,843 4,843 238 0305199D8Z NET CENTRICITY 13,471 13,471 240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,994 5,994 247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 1,273 1,273 255 0708012K LOGISTICS SUPPORT ACTIVITIES 1,690 1,690 256 0708012S PACIFIC DISASTER CENTERS 1,799 1,799 257 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM 6,390 6,390 259 1105219BB MQ–9 UAV 19,065 19,065 261 1160403BB AVIATION SYSTEMS 173,537 173,537 262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 32,766 32,766 263 1160408BB OPERATIONAL ENHANCEMENTS 145,830 167,230 Program increase—AISUM [21,400] 264 1160431BB WARRIOR SYSTEMS 78,592 82,803 SOCOM UFR—Maritime scalable effects acceleration [4,211] 265 1160432BB SPECIAL PROGRAMS 6,486 6,486 266 1160434BB UNMANNED ISR 18,006 18,006 267 1160480BB SOF TACTICAL VEHICLES 7,703 7,703 268 1160483BB MARITIME SYSTEMS 58,430 58,430 270 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE 10,990 10,990 999 9999999999 CLASSIFIED PROGRAMS 5,208,029 5,208,029 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,607,385 6,914,396 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 272 0604532K JOINT ARTIFICIAL INTELLIGENCE 186,639 186,639 273 0608197V NATIONAL BACKGROUND INVESTIGATION SERVICES—SOFTWARE PILOT PROGRAM 123,570 123,570 274 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM 18,307 18,307 275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 32,774 32,774 276 0308588D8Z ALGORITHMIC WARFARE CROSS FUNCTIONAL TEAMS—SOFTWARE PILOT PROGRAM 247,452 283,452 MAVEN for ADA [36,000] SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 608,742 644,742 SUBTOTAL UNDISTRIBUTED 36,000 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 25,857,875 28,784,404 OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 001 0605118OTE OPERATIONAL TEST AND EVALUATION 105,394 105,394 002 0605131OTE LIVE FIRE TEST AND EVALUATION 68,549 68,549 003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 42,648 62,648 Joint Test and Evaluation restoration [20,000] SUBTOTAL MANAGEMENT SUPPORT 216,591 236,591 TOTAL OPERATIONAL TEST & EVAL, DEFENSE 216,591 236,591 TOTAL RDT&E 111,964,192 117,729,317", "id": "HE8A6898565434977BE0296BBC8F2CC8A", "header": "Research, development, test, and evaluation" }, { "text": "4301. Operation and maintenance \nSEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) Line Item FY 2022 Request Conference Authorized OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS 3,563,856 3,528,856 Unjustified growth [–35,000] 020 MODULAR SUPPORT BRIGADES 142,082 142,082 030 ECHELONS ABOVE BRIGADE 758,174 758,174 040 THEATER LEVEL ASSETS 2,753,783 2,653,783 Unjustified growth [–100,000] 050 LAND FORCES OPERATIONS SUPPORT 1,110,156 1,110,156 060 AVIATION ASSETS 1,795,522 1,775,522 Unjustified growth [–20,000] 070 FORCE READINESS OPERATIONS SUPPORT 7,442,976 7,652,631 Advanced bomb suit [12,940] Army UFR—Arctic cold weather gloves [13,867] Army UFR—Arctic OCIE [65,050] Army UFR—ECWCS procurement [8,999] Army UFR—Female/small stature body armor [81,750] Army UFR—Garrison Installation Facilities-Related Control Systems (FRCS) [13,071] Army UFR—Heavylift transportation for OIR [33,854] Army UFR—Industrial base special installation control systems [14,824] CENTCOM UFR—Heavylift logistics [40,300] Unjustified growth [–75,000] 080 LAND FORCES SYSTEMS READINESS 580,921 594,921 CENTCOM UFR—COMSAT air time [34,000] Unjustified growth [–20,000] 090 LAND FORCES DEPOT MAINTENANCE 1,257,959 1,346,976 Army UFR—Tactical Combat Vehicle Repair Cycle Float [89,017] 100 MEDICAL READINESS 1,102,964 1,102,964 110 BASE OPERATIONS SUPPORT 8,878,603 8,868,603 Program decrease [–10,000] 120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,051,869 4,534,869 Program increase—FSRM [483,000] 130 MANAGEMENT AND OPERATIONAL HEADQUARTERS 289,891 289,891 140 ADDITIONAL ACTIVITIES 526,517 526,517 160 RESET 397,196 392,196 Unjustified growth [–5,000] 170 US AFRICA COMMAND 384,791 518,337 AFRICOM UFR—Commercial SATCOM [16,500] AFRICOM UFR—ISR improvements [67,000] Army UFR—MQ–9 COCO Support to AFRICOM [50,046] 180 US EUROPEAN COMMAND 293,932 335,910 EUCOM UFR—Information Operations [26,765] EUCOM UFR—Mission Partner Environment [15,213] 190 US SOUTHERN COMMAND 196,726 196,726 200 US FORCES KOREA 67,052 67,052 210 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 621,836 654,751 Army UFR—Critical infrastructure risk management cyber resiliency mitigations [13,630] Army UFR—MRCT / Cyber I&W / Ops Cell [4,655] Army UFR—Security Operations Center as a Service (SOCaaS) [14,630] 220 CYBERSPACE ACTIVITIES—CYBERSECURITY 629,437 726,176 Army UFR—C-SCRM supplier vetting and equipment inspection [1,200] Army UFR—Cybersecurity control systems assessments [89,889] Army UFR—Cyber-Supply Chain Risk Mgmt (C-SCRM) program [2,750] Army UFR—Defensive cyber sensors [2,900] SUBTOTAL OPERATING FORCES 36,846,243 37,777,093 MOBILIZATION 230 STRATEGIC MOBILITY 353,967 353,967 240 ARMY PREPOSITIONED STOCKS 381,192 381,192 250 INDUSTRIAL PREPAREDNESS 3,810 3,810 SUBTOTAL MOBILIZATION 738,969 738,969 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 163,568 163,568 270 RECRUIT TRAINING 75,140 75,140 280 ONE STATION UNIT TRAINING 81,274 81,274 290 SENIOR RESERVE OFFICERS TRAINING CORPS 520,973 520,973 300 SPECIALIZED SKILL TRAINING 998,869 998,869 310 FLIGHT TRAINING 1,309,556 1,309,556 320 PROFESSIONAL DEVELOPMENT EDUCATION 218,651 218,651 330 TRAINING SUPPORT 616,380 629,480 Army UFR—ATRRS Modernization [18,100] Unjustified growth [–5,000] 340 RECRUITING AND ADVERTISING 683,569 684,963 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,394] 350 EXAMINING 169,442 169,442 360 OFF-DUTY AND VOLUNTARY EDUCATION 214,923 231,078 Army UFR—Tuition assistance [16,155] 370 CIVILIAN EDUCATION AND TRAINING 220,589 220,589 380 JUNIOR RESERVE OFFICER TRAINING CORPS 187,569 187,569 SUBTOTAL TRAINING AND RECRUITING 5,460,503 5,491,152 ADMIN & SRVWIDE ACTIVITIES 400 SERVICEWIDE TRANSPORTATION 684,562 672,562 Unjustified growth [–12,000] 410 CENTRAL SUPPLY ACTIVITIES 808,895 808,895 420 LOGISTIC SUPPORT ACTIVITIES 767,053 796,157 Army UFR—AMC LITeS [29,104] 430 AMMUNITION MANAGEMENT 469,038 469,038 440 ADMINISTRATION 488,535 484,535 Unjustified growth [–4,000] 450 SERVICEWIDE COMMUNICATIONS 1,952,742 2,007,462 Army UFR—CHRA IT Cloud [5,300] Army UFR—ERP convergence/modernization [49,420] 460 MANPOWER MANAGEMENT 323,273 323,273 470 OTHER PERSONNEL SUPPORT 663,602 694,670 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,393] Army UFR—HR cloud and IT modernization [29,675] 480 OTHER SERVICE SUPPORT 2,004,981 2,031,364 Program increase—DFAS unfunded requirement [49,983] Unjustified growth [–23,600] 490 ARMY CLAIMS ACTIVITIES 180,178 180,178 500 REAL ESTATE MANAGEMENT 269,009 272,509 Program increase—real estate inventory tool [3,500] 510 FINANCIAL MANAGEMENT AND AUDIT READINESS 437,940 437,940 520 INTERNATIONAL MILITARY HEADQUARTERS 482,571 482,571 530 MISC. SUPPORT OF OTHER NATIONS 29,670 29,670 9999 CLASSIFIED PROGRAMS 2,008,633 2,026,633 SOUTHCOM UFR—Additional traditional ISR operations [18,000] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 11,570,682 11,717,457 UNDISTRIBUTED 998 UNDISTRIBUTED –125,000 Historical unobligated balances [–125,000] SUBTOTAL UNDISTRIBUTED –125,000 TOTAL OPERATION & MAINTENANCE, ARMY 54,616,397 55,599,671 OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MODULAR SUPPORT BRIGADES 10,465 10,465 020 ECHELONS ABOVE BRIGADE 554,992 554,992 030 THEATER LEVEL ASSETS 120,892 120,892 040 LAND FORCES OPERATIONS SUPPORT 597,718 597,718 050 AVIATION ASSETS 111,095 111,095 060 FORCE READINESS OPERATIONS SUPPORT 385,506 385,506 070 LAND FORCES SYSTEMS READINESS 98,021 98,021 080 LAND FORCES DEPOT MAINTENANCE 34,368 34,368 090 BASE OPERATIONS SUPPORT 584,513 584,513 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 342,433 342,433 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS 22,472 22,472 120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 2,764 2,764 130 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,476 7,476 SUBTOTAL OPERATING FORCES 2,872,715 2,872,715 ADMIN & SRVWD ACTIVITIES 140 SERVICEWIDE TRANSPORTATION 15,400 15,400 150 ADMINISTRATION 19,611 19,611 160 SERVICEWIDE COMMUNICATIONS 37,458 37,458 170 MANPOWER MANAGEMENT 7,162 7,162 180 RECRUITING AND ADVERTISING 48,289 48,289 SUBTOTAL ADMIN & SRVWD ACTIVITIES 127,920 127,920 UNDISTRIBUTED 998 UNDISTRIBUTED –10,000 Historical unobligated balances [–10,000] SUBTOTAL UNDISTRIBUTED –10,000 TOTAL OPERATION & MAINTENANCE, ARMY RES 3,000,635 2,990,635 OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS 799,854 799,854 020 MODULAR SUPPORT BRIGADES 211,561 211,561 030 ECHELONS ABOVE BRIGADE 835,709 835,709 040 THEATER LEVEL ASSETS 101,179 101,179 050 LAND FORCES OPERATIONS SUPPORT 34,436 34,436 060 AVIATION ASSETS 1,110,416 1,100,416 Unjustified growth [–10,000] 070 FORCE READINESS OPERATIONS SUPPORT 704,827 709,927 CNGB UFR—Weapons of Mass Destruction Civil Support Teams Equipment Sustainment [5,100] 080 LAND FORCES SYSTEMS READINESS 47,886 47,886 090 LAND FORCES DEPOT MAINTENANCE 244,439 244,439 100 BASE OPERATIONS SUPPORT 1,097,960 1,097,960 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 956,988 956,988 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 1,047,870 1,047,870 130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 8,071 8,071 140 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,828 7,828 SUBTOTAL OPERATING FORCES 7,209,024 7,204,124 ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION 8,017 8,017 160 ADMINISTRATION 76,993 81,993 Program increase—State Partnership Program [5,000] 170 SERVICEWIDE COMMUNICATIONS 101,113 101,113 180 MANPOWER MANAGEMENT 8,920 8,920 190 OTHER PERSONNEL SUPPORT 240,292 240,292 200 REAL ESTATE MANAGEMENT 2,850 2,850 SUBTOTAL ADMIN & SRVWD ACTIVITIES 438,185 443,185 UNDISTRIBUTED 998 UNDISTRIBUTED –40,000 Historical unobligated balances [–40,000] SUBTOTAL UNDISTRIBUTED –40,000 TOTAL OPERATION & MAINTENANCE, ARNG 7,647,209 7,607,309 AFGHANISTAN SECURITY FORCES FUND AFGHAN NATIONAL ARMY 010 SUSTAINMENT 1,053,668 0 Program reduction [–1,053,668] 020 INFRASTRUCTURE 1,818 0 Program reduction [–1,818] 030 EQUIPMENT AND TRANSPORTATION 22,911 0 Program reduction [–22,911] 040 TRAINING AND OPERATIONS 31,837 0 Program reduction [–31,837] SUBTOTAL AFGHAN NATIONAL ARMY 1,110,234 0 AFGHAN NATIONAL POLICE 050 SUSTAINMENT 440,628 0 Program reduction [–440,628] 070 EQUIPMENT AND TRANSPORTATION 38,551 0 Program reduction [–38,551] 080 TRAINING AND OPERATIONS 38,152 0 Program reduction [–38,152] SUBTOTAL AFGHAN NATIONAL POLICE 517,331 0 AFGHAN AIR FORCE 090 SUSTAINMENT 562,056 0 Program reduction [–562,056] 110 EQUIPMENT AND TRANSPORTATION 26,600 0 Program reduction [–26,600] 120 TRAINING AND OPERATIONS 169,684 0 Program reduction [–169,684] SUBTOTAL AFGHAN AIR FORCE 758,340 0 AFGHAN SPECIAL SECURITY FORCES 130 SUSTAINMENT 685,176 0 Program reduction [–685,176] 150 EQUIPMENT AND TRANSPORTATION 78,962 0 Program reduction [–78,962] 160 TRAINING AND OPERATIONS 177,767 0 Program reduction [–177,767] SUBTOTAL AFGHAN SPECIAL SECURITY FORCES 941,905 0 TOTAL AFGHANISTAN SECURITY FORCES FUND 3,327,810 0 COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 010 IRAQ 345,000 345,000 020 SYRIA 177,000 177,000 SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 522,000 522,000 TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 522,000 522,000 OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 6,264,654 6,545,054 Navy UFR—Flying hour program - fleet operations [280,400] 020 FLEET AIR TRAINING 2,465,007 2,465,007 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 55,140 55,140 040 AIR OPERATIONS AND SAFETY SUPPORT 197,904 197,904 050 AIR SYSTEMS SUPPORT 1,005,932 1,005,932 060 AIRCRAFT DEPOT MAINTENANCE 1,675,356 1,897,556 Navy UFR—Additional aircraft depot maintenance events [222,200] 070 AIRCRAFT DEPOT OPERATIONS SUPPORT 65,518 65,518 080 AVIATION LOGISTICS 1,460,546 1,460,546 090 MISSION AND OTHER SHIP OPERATIONS 5,858,028 5,893,028 Navy UFR—Resilient Communications and PNT for Combat Logistics Fleet (CLF) [29,000] Navy UFR—Submarine Tender Overhaul [42,000] Unjustified growth [–36,000] 100 SHIP OPERATIONS SUPPORT & TRAINING 1,154,696 1,154,696 110 SHIP DEPOT MAINTENANCE 10,300,078 10,514,878 Navy UFR—A–120 availability [39,800] Retained cruisers [135,000] USS Connecticut emergent repairs [40,000] 120 SHIP DEPOT OPERATIONS SUPPORT 2,188,454 2,188,454 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 1,551,846 1,551,846 140 SPACE SYSTEMS AND SURVEILLANCE 327,251 327,251 150 WARFARE TACTICS 798,082 798,082 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 447,486 447,486 170 COMBAT SUPPORT FORCES 2,250,756 2,282,856 CENTCOM UFR—Naval patrol craft support [47,100] Unjustified growth [–15,000] 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 192,968 192,968 190 COMBATANT COMMANDERS CORE OPERATIONS 61,614 61,614 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 198,596 445,596 INDOPACOM UFR—Critical HQ manpower positions [4,620] INDOPACOM UFR—ISR augmentation [41,000] INDOPACOM UFR—Multi-Domain Training and Experimentation Capability [59,410] Program increase—INDOPACOM Future fusion centers [3,300] Program increase—INDOPACOM Mission Partner Environment [50,170] Program increase—INDOPACOM Pacific Movement Coordination Center [500] Program increase—INDOPACOM Wargaming analytical tools [88,000] 210 MILITARY INFORMATION SUPPORT OPERATIONS 8,984 36,984 Program increase—INDOPACOM Military Information Support Operations [28,000] 220 CYBERSPACE ACTIVITIES 565,926 560,926 Identity, credentialing, and access management reduction [–5,000] 230 FLEET BALLISTIC MISSILE 1,476,247 1,476,247 240 WEAPONS MAINTENANCE 1,538,743 1,513,743 Historical underexecution [–25,000] 250 OTHER WEAPON SYSTEMS SUPPORT 592,357 592,357 260 ENTERPRISE INFORMATION 734,970 690,970 Unjustified growth [–44,000] 270 SUSTAINMENT, RESTORATION AND MODERNIZATION 2,961,937 3,511,937 Program increase—FSRM [550,000] 280 BASE OPERATING SUPPORT 4,826,314 4,816,314 Program decrease [–10,000] SUBTOTAL OPERATING FORCES 51,225,390 52,750,890 MOBILIZATION 290 SHIP PREPOSITIONING AND SURGE 457,015 457,015 300 READY RESERVE FORCE 645,522 645,522 310 SHIP ACTIVATIONS/INACTIVATIONS 353,530 349,030 Historical underexecution [–4,500] 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS 149,384 149,384 330 COAST GUARD SUPPORT 20,639 20,639 SUBTOTAL MOBILIZATION 1,626,090 1,621,590 TRAINING AND RECRUITING 340 OFFICER ACQUISITION 172,913 172,913 350 RECRUIT TRAINING 13,813 13,813 360 RESERVE OFFICERS TRAINING CORPS 167,152 167,152 370 SPECIALIZED SKILL TRAINING 1,053,104 1,053,104 380 PROFESSIONAL DEVELOPMENT EDUCATION 311,209 311,209 390 TRAINING SUPPORT 306,302 306,302 400 RECRUITING AND ADVERTISING 205,219 205,219 410 OFF-DUTY AND VOLUNTARY EDUCATION 79,053 79,053 420 CIVILIAN EDUCATION AND TRAINING 109,754 109,754 430 JUNIOR ROTC 57,323 57,323 SUBTOTAL TRAINING AND RECRUITING 2,475,842 2,475,842 ADMIN & SRVWD ACTIVITIES 440 ADMINISTRATION 1,268,961 1,290,961 Program increase—Naval Audit Service [25,000] Unjustified growth [–3,000] 450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 212,952 212,952 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 562,546 562,546 470 MEDICAL ACTIVITIES 285,436 285,436 480 SERVICEWIDE TRANSPORTATION 217,782 217,782 500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT 479,480 479,480 510 ACQUISITION, LOGISTICS, AND OVERSIGHT 741,045 741,045 520 INVESTIGATIVE AND SECURITY SERVICES 738,187 736,687 Unjustified growth [–1,500] 9999 CLASSIFIED PROGRAMS 607,517 603,477 Classified adjustment [–4,040] SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,113,906 5,130,366 UNDISTRIBUTED 998 UNDISTRIBUTED –58,000 Historical unobligated balances [–58,000] SUBTOTAL UNDISTRIBUTED –58,000 TOTAL OPERATION & MAINTENANCE, NAVY 60,441,228 61,920,688 OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES 1,587,456 1,632,756 Marine Corps UFR—Plate Carrier Gen III [45,300] 020 FIELD LOGISTICS 1,532,630 1,527,630 Unjustified growth [–5,000] 030 DEPOT MAINTENANCE 215,949 215,949 040 MARITIME PREPOSITIONING 107,969 107,969 050 CYBERSPACE ACTIVITIES 233,486 233,486 060 SUSTAINMENT, RESTORATION & MODERNIZATION 1,221,117 1,354,117 Program increase—FSRM [133,000] 070 BASE OPERATING SUPPORT 2,563,278 2,560,278 Unjustified growth [–3,000] SUBTOTAL OPERATING FORCES 7,461,885 7,632,185 TRAINING AND RECRUITING 080 RECRUIT TRAINING 24,729 24,729 090 OFFICER ACQUISITION 1,208 1,208 100 SPECIALIZED SKILL TRAINING 110,752 110,752 110 PROFESSIONAL DEVELOPMENT EDUCATION 61,539 61,539 120 TRAINING SUPPORT 490,975 490,975 130 RECRUITING AND ADVERTISING 223,643 223,643 140 OFF-DUTY AND VOLUNTARY EDUCATION 49,369 49,369 150 JUNIOR ROTC 26,065 26,065 SUBTOTAL TRAINING AND RECRUITING 988,280 988,280 ADMIN & SRVWD ACTIVITIES 160 SERVICEWIDE TRANSPORTATION 100,475 100,475 170 ADMINISTRATION 410,729 410,729 9999 CLASSIFIED PROGRAMS 63,422 63,422 SUBTOTAL ADMIN & SRVWD ACTIVITIES 574,626 574,626 UNDISTRIBUTED 998 UNDISTRIBUTED –10,000 Historical unobligated balances [–10,000] SUBTOTAL UNDISTRIBUTED –10,000 TOTAL OPERATION & MAINTENANCE, MARINE CORPS 9,024,791 9,185,091 OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 628,522 628,522 020 INTERMEDIATE MAINTENANCE 9,593 9,593 030 AIRCRAFT DEPOT MAINTENANCE 135,280 135,280 040 AIRCRAFT DEPOT OPERATIONS SUPPORT 497 497 050 AVIATION LOGISTICS 29,435 29,435 070 COMBAT COMMUNICATIONS 18,469 18,469 080 COMBAT SUPPORT FORCES 136,710 136,710 090 CYBERSPACE ACTIVITIES 440 440 100 ENTERPRISE INFORMATION 26,628 26,628 110 SUSTAINMENT, RESTORATION AND MODERNIZATION 42,311 42,311 120 BASE OPERATING SUPPORT 103,606 103,606 SUBTOTAL OPERATING FORCES 1,131,491 1,131,491 ADMIN & SRVWD ACTIVITIES 130 ADMINISTRATION 1,943 1,943 140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 12,191 12,191 150 ACQUISITION AND PROGRAM MANAGEMENT 3,073 3,073 SUBTOTAL ADMIN & SRVWD ACTIVITIES 17,207 17,207 UNDISTRIBUTED 998 UNDISTRIBUTED –2,500 Historical unobligated balances [–2,500] SUBTOTAL UNDISTRIBUTED –2,500 TOTAL OPERATION & MAINTENANCE, NAVY RES 1,148,698 1,146,198 OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES 102,271 148,171 Marine Corps UFR—Individual combat clothing and equipment [45,900] 020 DEPOT MAINTENANCE 16,811 16,811 030 SUSTAINMENT, RESTORATION AND MODERNIZATION 42,702 42,702 040 BASE OPERATING SUPPORT 109,210 109,210 SUBTOTAL OPERATING FORCES 270,994 316,894 ADMIN & SRVWD ACTIVITIES 050 ADMINISTRATION 14,056 14,056 SUBTOTAL ADMIN & SRVWD ACTIVITIES 14,056 14,056 TOTAL OPERATION & MAINTENANCE, MC RESERVE 285,050 330,950 OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES 706,860 680,530 A–10 aircraft retention [1,670] Unjustified growth [–28,000] 020 COMBAT ENHANCEMENT FORCES 2,382,448 2,346,948 CENTCOM—MQ–9 combat lines [53,000] EUCOM UFR—Air base air defense operations center [1,500] Unjustified growth [–90,000] 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,555,320 1,542,750 A–10 aircraft retention [12,430] Contract adversary air [5,000] Unjustified growth [–30,000] 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 3,661,762 3,707,337 A–10 aircraft retention [65,575] Unjustified growth [–20,000] 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 3,867,114 4,342,114 Program increase—FSRM [475,000] 060 CYBERSPACE SUSTAINMENT 179,568 179,568 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 8,457,653 8,784,538 A–10 aircraft retention [15,885] A–10/F–35 contract maintenance [156,000] Program increase—F–35 sustainment [185,000] Unjustified growth [–30,000] 080 FLYING HOUR PROGRAM 5,646,730 5,699,590 A–10 aircraft retention [52,860] 090 BASE SUPPORT 9,846,037 9,776,037 Unjustified growth [–70,000] 100 GLOBAL C3I AND EARLY WARNING 979,705 988,905 EUCOM—MPE air component battle network [9,200] 110 OTHER COMBAT OPS SPT PROGRAMS 1,418,515 1,399,625 EUCOM UFR—Air base air defense [110] Unjustified growth [–19,000] 120 CYBERSPACE ACTIVITIES 864,761 864,761 150 SPACE CONTROL SYSTEMS 13,223 13,223 160 US NORTHCOM/NORAD 196,774 196,774 170 US STRATCOM 475,015 475,015 180 US CYBERCOM 389,663 416,163 CYBERCOM UFR—Acceleration of cyber intelligence [3,200] Program increase—cyber training [23,300] 190 US CENTCOM 372,354 386,354 CENTCOM UFR—MISO program [24,000] Unjustified growth—OSC-I [–10,000] 200 US SOCOM 28,733 28,733 220 CENTCOM CYBERSPACE SUSTAINMENT 1,289 1,289 230 USSPACECOM 272,601 282,601 SPACECOM UFR—Bridging space protection gaps [10,000] 9999 CLASSIFIED PROGRAMS 1,454,383 1,454,383 SUBTOTAL OPERATING FORCES 42,770,508 43,567,238 MOBILIZATION 240 AIRLIFT OPERATIONS 2,422,784 2,397,784 Unjustified growth [–25,000] 250 MOBILIZATION PREPAREDNESS 667,851 667,851 SUBTOTAL MOBILIZATION 3,090,635 3,065,635 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 156,193 156,193 270 RECRUIT TRAINING 26,072 26,072 280 RESERVE OFFICERS TRAINING CORPS (ROTC) 127,693 127,693 290 SPECIALIZED SKILL TRAINING 491,286 481,286 Unjustified growth [–10,000] 300 FLIGHT TRAINING 718,742 718,742 310 PROFESSIONAL DEVELOPMENT EDUCATION 302,092 302,092 320 TRAINING SUPPORT 162,165 162,165 330 RECRUITING AND ADVERTISING 171,339 171,339 340 EXAMINING 8,178 8,178 350 OFF-DUTY AND VOLUNTARY EDUCATION 236,760 236,760 360 CIVILIAN EDUCATION AND TRAINING 306,602 306,602 370 JUNIOR ROTC 65,940 65,940 SUBTOTAL TRAINING AND RECRUITING 2,773,062 2,763,062 ADMIN & SRVWD ACTIVITIES 380 LOGISTICS OPERATIONS 1,062,709 1,062,709 390 TECHNICAL SUPPORT ACTIVITIES 169,957 169,957 400 ADMINISTRATION 1,005,827 987,327 Unjustified growth [–18,500] 410 SERVICEWIDE COMMUNICATIONS 31,054 31,054 420 OTHER SERVICEWIDE ACTIVITIES 1,470,757 1,470,757 430 CIVIL AIR PATROL 29,128 47,300 Program increase [18,172] 450 INTERNATIONAL SUPPORT 81,118 81,118 9999 CLASSIFIED PROGRAMS 1,391,720 1,391,428 Classified adjustment [–292] SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,242,270 5,241,650 UNDISTRIBUTED 998 UNDISTRIBUTED –150,000 Historical unobligated balances [–150,000] SUBTOTAL UNDISTRIBUTED –150,000 TOTAL OPERATION & MAINTENANCE, AIR FORCE 53,876,475 54,487,585 OPERATION & MAINTENANCE, SPACE FORCE OPERATING FORCES 010 GLOBAL C3I & EARLY WARNING 495,615 495,615 020 SPACE LAUNCH OPERATIONS 185,700 185,700 030 SPACE OPERATIONS 611,269 611,269 040 EDUCATION & TRAINING 22,887 22,887 060 DEPOT MAINTENANCE 280,165 306,165 Program increase—weapon system sustainment [26,000] 070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 213,347 279,647 Space Force UFR—FSRM Cheyenne Mountain Complex [66,300] 080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT 1,158,707 1,246,707 Program increase—weapon system sustainment [94,000] Unjustified growth [–6,000] 090 SPACE OPERATIONS -BOS 143,520 143,520 9999 CLASSIFIED PROGRAMS 172,755 172,755 SUBTOTAL OPERATING FORCES 3,283,965 3,464,265 ADMINISTRATION AND SERVICE WIDE ACTIVITIES 100 ADMINISTRATION 156,747 146,747 Unjustified growth [–10,000] SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES 156,747 146,747 TOTAL OPERATION & MAINTENANCE, SPACE FORCE 3,440,712 3,611,012 OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES 1,665,015 1,636,015 Unjustified growth [–29,000] 020 MISSION SUPPORT OPERATIONS 179,486 179,486 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 530,540 530,540 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 114,987 123,987 Program increase—FSRM [9,000] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 254,831 254,831 060 BASE SUPPORT 470,801 470,801 070 CYBERSPACE ACTIVITIES 1,372 1,372 SUBTOTAL OPERATING FORCES 3,217,032 3,197,032 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 080 ADMINISTRATION 91,289 91,289 090 RECRUITING AND ADVERTISING 23,181 23,181 100 MILITARY MANPOWER AND PERS MGMT (ARPC) 13,966 13,966 110 OTHER PERS SUPPORT (DISABILITY COMP) 6,196 6,196 120 AUDIOVISUAL 442 442 SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 135,074 135,074 UNDISTRIBUTED 998 UNDISTRIBUTED –18,000 Historical unobligated balances [–18,000] SUBTOTAL UNDISTRIBUTED –18,000 TOTAL OPERATION & MAINTENANCE, AF RESERVE 3,352,106 3,314,106 OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS 2,281,432 2,281,432 020 MISSION SUPPORT OPERATIONS 582,848 588,748 CNGB UFR—HRF/CERFP sustainment [5,900] 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,241,318 1,226,318 Unjustified growth [–15,000] 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 353,193 379,193 Program increase—FSRM [26,000] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,077,654 1,067,654 Unjustified growth [–10,000] 060 BASE SUPPORT 908,198 908,198 070 CYBERSPACE SUSTAINMENT 23,895 23,895 080 CYBERSPACE ACTIVITIES 17,263 17,263 SUBTOTAL OPERATING FORCES 6,485,801 6,492,701 ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 090 ADMINISTRATION 46,455 46,455 100 RECRUITING AND ADVERTISING 41,764 41,764 SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 88,219 88,219 UNDISTRIBUTED 998 UNDISTRIBUTED –15,000 Historical unobligated balances [–15,000] SUBTOTAL UNDISTRIBUTED –15,000 TOTAL OPERATION & MAINTENANCE, ANG 6,574,020 6,565,920 OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF 407,240 402,240 Unjustified growth [–5,000] 020 JOINT CHIEFS OF STAFF—CE2T2 554,634 607,734 AFRICOM UFR—Joint Exercise Program [18,000] INDOPACOM UFR—Joint Exercise Program [35,100] 030 JOINT CHIEFS OF STAFF—CYBER 8,098 8,098 050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES 2,044,479 2,047,789 SOCOM—Armored ground mobility systems (AGMS) acceleration [3,310] 060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES 45,851 45,851 070 SPECIAL OPERATIONS COMMAND INTELLIGENCE 1,614,757 1,614,757 080 SPECIAL OPERATIONS COMMAND MAINTENANCE 1,081,869 1,088,210 SOCOM UFR—Modernized forward look sonar [900] SOCOM UFR—Personal signature management acceleration [5,441] 090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS 180,042 180,042 100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT 1,202,060 1,202,060 110 SPECIAL OPERATIONS COMMAND THEATER FORCES 3,175,789 3,175,789 SUBTOTAL OPERATING FORCES 10,314,819 10,372,570 TRAINING AND RECRUITING 130 DEFENSE ACQUISITION UNIVERSITY 171,607 171,607 140 JOINT CHIEFS OF STAFF 92,905 92,905 150 PROFESSIONAL DEVELOPMENT EDUCATION 31,669 31,669 SUBTOTAL TRAINING AND RECRUITING 296,181 296,181 ADMIN & SRVWIDE ACTIVITIES 170 CIVIL MILITARY PROGRAMS 137,311 264,592 Program increase—National Guard Youth Challenge [85,281] Program increase—STARBASE [42,000] 190 DEFENSE CONTRACT AUDIT AGENCY 618,526 606,526 Unjustified growth [–12,000] 200 DEFENSE CONTRACT AUDIT AGENCY—CYBER 3,984 3,984 220 DEFENSE CONTRACT MANAGEMENT AGENCY 1,438,296 1,435,796 Unjustified growth [–2,500] 230 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER 11,999 11,999 240 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY 941,488 931,488 Unjustified growth [–10,000] 260 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER 9,859 9,859 270 DEFENSE HUMAN RESOURCES ACTIVITY 816,168 881,168 DHRA/DSPO—support FY2021 congressional increases [5,000] DHRA/SAPRO—FY2021 baseline restoral [60,000] 280 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER 17,655 17,655 290 DEFENSE INFORMATION SYSTEMS AGENCY 1,913,734 1,934,769 milCloud 2.0 migration [21,035] 310 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER 530,278 612,378 Program increase—hardening DOD networks [62,100] Program increase—securing the Department of Defense Information Network [20,000] 350 DEFENSE LEGAL SERVICES AGENCY 229,498 229,498 360 DEFENSE LOGISTICS AGENCY 402,864 407,664 Program increase—Procurement Technical Assistance Program [4,800] 370 DEFENSE MEDIA ACTIVITY 222,655 222,655 380 DEFENSE PERSONNEL ACCOUNTING AGENCY 130,174 155,174 DPAA (POW/MIA)—support FY2021 congressional increases [25,000] 390 DEFENSE SECURITY COOPERATION AGENCY 2,067,446 1,922,157 Program increase [104,711] Transfer to Ukraine Security Assistance [–250,000] 420 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 39,305 39,305 440 DEFENSE THREAT REDUCTION AGENCY 885,749 885,749 460 DEFENSE THREAT REDUCTION AGENCY—CYBER 36,736 36,736 470 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 3,138,345 3,208,345 Program increase—Impact Aid [50,000] Program increase—Impact Aid for children with severe disabilities [20,000] 490 MISSILE DEFENSE AGENCY 502,450 502,450 530 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION—OSD 89,686 104,686 Program increase—Defense Community Infrastructure Program [15,000] 540 OFFICE OF THE SECRETARY OF DEFENSE 1,766,614 1,844,114 Bien Hoa dioxin cleanup [15,000] Cost Assessment Data Enterprise [3,500] Military working dog pilot program [10,000] National Commission on Synthetic Biology [10,000] Office of the Secretary of Defense civilian workforce [9,000] Personnel in the Office of Assistant Secretary of Defense Sustainment and Environment, Safety, and Occupational Health [3,000] Program increase—Afghanistan War Commission [5,000] Program increase—CDC water contamination study and assessment [15,000] Program increase—Commission on Planning, Programming, Budgeting, and Execution Reform [5,000] Program increase—Commission on the National Defense Strategy [5,000] Program increase—Commission on the Strategic Posture of the U.S. [7,000] Unjustified growth—non-pay [–10,000] 550 OFFICE OF THE SECRETARY OF DEFENSE—CYBER 32,851 32,851 560 SPACE DEVELOPMENT AGENCY 53,851 53,851 570 WASHINGTON HEADQUARTERS SERVICES 369,698 364,698 Unjustified growth [–5,000] 999 CLASSIFIED PROGRAMS 17,900,146 17,833,213 Classified adjustment [–66,933] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 34,307,366 34,553,360 UNDISTRIBUTED 998 UNDISTRIBUTED 490,304 Depot capital investment [500,000] Program reduction—SOCOM unjustified increase in management and headquarters expenses [–9,696] SUBTOTAL UNDISTRIBUTED 490,304 TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 44,918,366 45,712,415 MISCELLANEOUS APPROPRIATIONS US COURT OF APPEALS FOR THE ARMED FORCES, DEF 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 15,589 15,589 SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF 15,589 15,589 TOTAL MISCELLANEOUS APPROPRIATIONS 15,589 15,589 MISCELLANEOUS APPROPRIATIONS OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 110,051 150,051 Program increase [40,000] SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 110,051 150,051 TOTAL MISCELLANEOUS APPROPRIATIONS 110,051 150,051 MISCELLANEOUS APPROPRIATIONS COOPERATIVE THREAT REDUCTION ACCOUNT 010 COOPERATIVE THREAT REDUCTION 239,849 344,849 Program increase—Biological Threat Reduction Program [105,000] SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT 239,849 344,849 TOTAL MISCELLANEOUS APPROPRIATIONS 239,849 344,849 MISCELLANEOUS APPROPRIATIONS ACQUISITION WORKFORCE DEVELOPMENT 010 ACQ WORKFORCE DEV FD 54,679 54,679 SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 54,679 54,679 TOTAL MISCELLANEOUS APPROPRIATIONS 54,679 54,679 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, ARMY 050 ENVIRONMENTAL RESTORATION, ARMY 200,806 299,606 Program increase for PFAS [98,800] SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY 200,806 299,606 TOTAL MISCELLANEOUS APPROPRIATIONS 200,806 299,606 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, NAVY 060 ENVIRONMENTAL RESTORATION, NAVY 298,250 465,550 Program increase for PFAS [167,300] SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY 298,250 465,550 TOTAL MISCELLANEOUS APPROPRIATIONS 298,250 465,550 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, AIR FORCE 070 ENVIRONMENTAL RESTORATION, AIR FORCE 301,768 476,768 Program increase for PFAS [175,000] SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE 301,768 476,768 TOTAL MISCELLANEOUS APPROPRIATIONS 301,768 476,768 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, DEFENSE 080 ENVIRONMENTAL RESTORATION, DEFENSE 8,783 10,979 Program increase [2,196] SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE 8,783 10,979 TOTAL MISCELLANEOUS APPROPRIATIONS 8,783 10,979 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION FORMERLY USED SITES 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 218,580 292,580 Program increase for PFAS [74,000] SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES 218,580 292,580 TOTAL MISCELLANEOUS APPROPRIATIONS 218,580 292,580 UKRAINE SECURITY ASSISTANCE UKRAINE SECURITY ASSISTANCE 010 UKRAINE SECURITY ASSISTANCE 300,000 Program increase [50,000] Transfer from Defense Security Cooperation Agency [250,000] TOTAL UKRAINE SECURITY ASSISTANCE 300,000 TOTAL OPERATION & MAINTENANCE 253,623,852 255,404,231", "id": "H3FA7AC420D0B4A1F999A08B1E64E98E2", "header": "Operation and maintenance" }, { "text": "4401. Military personnel \nSEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) Item FY 2022 Request Conference Authorized Military Personnel Appropriations 157,947,920 157,567,460 ARNG CBRN Response Forces Readiness [9,200] Manpower costs associated with retaining two cruisers [45,000] A–10/F–35 Active duty maintainers [93,000] Military personnel historical underexecution [–527,660] Medicare-Eligible Retiree Health Care Fund Contributions 9,337,175 9,337,175 TOTAL, Military Personnel 167,285,095 166,904,635", "id": "H8FAFCA6125414BD6912E60CBB2D55AF3", "header": "Military personnel" }, { "text": "4501. Other authorizations \nSEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) Program Title FY 2022 Request Conference Authorized WORKING CAPITAL FUND, ARMY ARMY ARSENALS INITIATIVE 26,935 26,935 ARMY SUPPLY MANAGEMENT 357,776 357,776 TOTAL WORKING CAPITAL FUND, ARMY 384,711 384,711 WORKING CAPITAL FUND, NAVY SUPPLY MANAGEMENT—NAVY 150,000 150,000 TOTAL WORKING CAPITAL FUND, NAVY 150,000 150,000 WORKING CAPITAL FUND, AIR FORCE SUPPLY MANAGEMENT 77,453 77,453 TOTAL WORKING CAPITAL FUND, AIR FORCE 77,453 77,453 WORKING CAPITAL FUND, DEFENSE-WIDE ENERGY MANAGEMENT—DEFENSE 40,000 40,000 SUPPLY CHAIN MANAGEMENT—DEFENSE 87,765 87,765 TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 127,765 127,765 WORKING CAPITAL FUND, DECA COMMISSARY OPERATIONS 1,162,071 1,162,071 TOTAL WORKING CAPITAL FUND, DECA 1,162,071 1,162,071 CHEM AGENTS & MUNITIONS DESTRUCTION CHEM DEMILITARIZATION—O&M 93,121 93,121 CHEM DEMILITARIZATION—RDT&E 1,001,231 1,001,231 TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION 1,094,352 1,094,352 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF COUNTER-NARCOTICS SUPPORT 593,250 593,250 DRUG DEMAND REDUCTION PROGRAM 126,024 126,024 NATIONAL GUARD COUNTER-DRUG PROGRAM 96,970 96,970 NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,664 5,664 TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 821,908 821,908 OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL 434,700 434,700 OFFICE OF THE INSPECTOR GENERAL—CYBER 1,218 1,218 OFFICE OF THE INSPECTOR GENERAL—RDTE 2,365 2,365 OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT 80 80 TOTAL OFFICE OF THE INSPECTOR GENERAL 438,363 438,363 DEFENSE HEALTH PROGRAM IN-HOUSE CARE 9,720,004 9,587,742 Assumptions for care [–27,800] Excess funding for capability replacement [–104,462] PRIVATE SECTOR CARE 18,092,679 18,068,879 Unjustified support services growth [–23,800] CONSOLIDATED HEALTH SUPPORT 1,541,122 1,556,522 Assumptions for care [–14,600] Program increase: Anomalous health incidents care capacity [30,000] INFORMATION MANAGEMENT 2,233,677 2,233,677 MANAGEMENT ACTIVITIES 335,138 335,138 EDUCATION AND TRAINING 333,234 333,234 BASE OPERATIONS/COMMUNICATIONS 1,926,865 1,921,865 Program decrease [–5,000] R&D RESEARCH 9,091 9,091 R&D EXPLORATRY DEVELOPMENT 75,463 75,463 R&D ADVANCED DEVELOPMENT 235,556 235,556 R&D DEMONSTRATION/VALIDATION 142,252 142,252 R&D ENGINEERING DEVELOPMENT 101,054 101,054 R&D MANAGEMENT AND SUPPORT 49,645 49,645 R&D CAPABILITIES ENHANCEMENT 17,619 17,619 UNDISTRIBUTED RDT&E 12,500 Combat triple negative breast cancer [10,000] Post-traumatic stress disorder [2,500] PROC INITIAL OUTFITTING 20,926 20,926 PROC REPLACEMENT & MODERNIZATION 250,366 250,366 PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER 72,302 72,302 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION 435,414 435,414 TOTAL DEFENSE HEALTH PROGRAM 35,592,407 35,459,245 TOTAL OTHER AUTHORIZATIONS 39,849,030 39,715,868", "id": "H0709DEC62802499AA0FF54105A5E55B1", "header": "Other authorizations" }, { "text": "4601. Military construction \nSEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Account State/Country and Installation Project Title FY 2022 Request Conference Authorized Alabama Army Fort Rucker AIT Barracks Complex 0 66,000 Army Redstone Arsenal Propulsion Systems Lab 55,000 55,000 Belgium Army Shape Headquarters Command and Control Facility 16,000 16,000 California Army Fort Irwin Simulations Center 52,000 52,000 Georgia Army Fort Gordon Cyber Center of Excellence School Headquarters and Classrooms (P&D) 0 3,670 Army Fort Gordon Cyber Instructional Fac (Admin/Cmd), Inc. 2 69,000 69,000 Army Fort Stewart Barracks 0 105,000 Germany Army East Camp Grafenwoehr EDI: Barracks and Dining Facility 103,000 103,000 Army Smith Barracks Indoor Small Arms Range 17,500 17,500 Army Smith Barracks Live Fire Exercise Shoothouse 16,000 16,000 Hawaii Army Fort Shafter Ctc—Command and Control Facility 0 55,000 Army Wheeler Army Airfield Rotary Wing Parking Apron 0 56,000 Army Wheeler Army Airfield Aviation Unit OPS Building 0 84,000 Army West Loch Nav Mag Annex Ammunition Storage 51,000 51,000 Kansas Army Fort Leavenworth Child Development Center 0 34,000 Kentucky Army Fort Knox Child Development Center 0 27,000 Louisiana Army Fort Polk Joint Operations Center 55,000 55,000 Army Fort Polk Barracks 0 56,000 Maryland Army Aberdeen Proving Ground Moving Target Simulator (Combat Systems Simulation Laboratory) 0 0 Army Fort Detrick Medical Waste Incinerator 0 23,981 Army Fort Detrick USAMRMC Headquarters 0 0 Army Fort Meade Barracks 81,000 81,000 Mississippi Army Engineer Research and Development Center Communications Center 0 0 Army Engineer Research and Development Center Rtd&e (Risk Lab) 0 0 Missouri Army Fort Leonard Wood Advanced Individual Training Battalion Complex (P&D) 0 4,000 New Jersey Army Picatinny Arsenal Igloo Storage, Installation 0 0 New Mexico Army White Sands Missile Range Missile Assembly Support Facility 0 29,000 New York Army Fort Hamilton Information Systems Facility 26,000 26,000 Army West Point Military Reservation Ctc—Engineering Center 0 17,200 Army Watervliet Arsenal Access Control Point 20,000 20,000 Pennsylvania Army Letterkenny Army Depot Fire Station 21,000 21,000 South Carolina Army Fort Jackson Reception Barracks Complex, Ph2, Inc. 2 34,000 34,000 Army Fort Jackson Ctc- Reception Barracks, Ph1 0 21,000 Texas Army Camp Bullis Ctc- Vehicle Maintenance Shop 0 16,400 Army Fort Hood Barracks 0 61,000 Army Fort Hood Barracks 0 69,000 Virginia Army Joint Base Langley-Eustis AIT Barracks Complex, Ph4 0 16,000 Worldwide Classified Army Classified Location Forward Operating Site 31,000 31,000 Worldwide Unspecified Army Unspecified Worldwide Locations Host Nation Support 27,000 27,000 Army Unspecified Worldwide Locations Minor Construction 35,543 35,543 Army Unspecified Worldwide Locations Planning and Design 124,649 134,649 Army Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 45,000 Army Worldwide Various Locations Cost to Complete—Unspecified Minor Construction 0 69,000 Military Construction, Army Total 834,692 1,727,943 Arizona Navy Marine Corps Air Station Yuma Combat Training Tank Complex 0 29,300 Navy Marine Corps Air Station Yuma Bachelor Enlisted Quarters 0 0 California Navy Marine Corps Base Camp Pendleton I MEF Consolidated Information Center Inc. 19,869 19,869 Navy Marine Corps Base Camp Pendleton Warehouse Replacement 0 22,200 Navy Marine Corps Base Camp Pendleton Basilone Road Realignment 0 0 Navy Marine Corps Air Station Miramar F–35 Centralized Engine Repair Facility 0 31,400 Navy Marine Corps Air Station Miramar Aircraft Maintenance Hangar 0 185,991 Navy Naval Air Station Lemoore F–35C Hangar 6 Phase 2 (Mod 3/4) Inc. 75,070 50,000 Navy Marine Corps Air Ground Combat Center Cost to Complete—Wastewater Treatment Plant 0 45,000 Navy Naval Base Ventura County Combat Vehicle Maintenance Facility 0 48,700 Navy Naval Base Ventura County MQ–25 Aircraft Maintenance Hangar 0 125,291 Navy Naval Base Coronado CMV–22B Aircraft Maintenance Hangar 0 63,600 Navy Marine Corps Base Camp Pendleton CLB MEU Complex 0 83,900 Navy Marine Corps Reserve Depot San Diego Recruit Mess Hall Replacement 0 93,700 Navy Naval Information Warfare Center Pacific Reconfigurable Cyber Laboratory 0 0 Navy Naval Weapons Station Seal Beach Missile Magazines Inc. 10,840 10,840 Navy Naval Base San Diego Pier 6 Replacement Inc. 50,000 50,000 Navy San Nicholas Island Directed Energy Weapons Test Facilities 19,907 19,907 District of Columbia Navy Naval Research Laboratory Electromagnetic & Cyber Countermeasures Laboratory 0 0 Navy Naval Research Laboratory Biomolecular Science & Synthetic Biology Laboratory 0 0 El Salvador Navy Cooperative Security Location Comalapa Hangar and Ramp Expansion 0 0 Florida Navy Naval Air Station Jacksonville Planning and Design for Lighterage and Small Craft 0 7,000 Navy Naval Surface Warfare Center Panama City Division Unmanned Vehicle Littoral Combat Space 0 0 Navy Naval Surface Warfare Center Panama City Division Mine Warfare RDT&E Facility 0 0 Navy Naval Undersea Warfare Center Panama City Division AUTEC Pier Facility 1902 0 37,980 Navy Marine Corps Support Facility Blount Island Lighterage and Small Craft Facility 0 69,400 Navy Naval Undersea Warfare Center Panama City Division Array Calibration Facility 0 0 Greece Navy Naval Support Activity Souda Bay EDI: Joint Mobility Processing Center 41,650 41,650 Guam Navy Andersen Air Force Base Aviation Admin Building 50,890 50,890 Navy Joint Region Marianas 4th Marines Regiment Facilities 109,507 65,000 Navy Joint Region Marianas Bachelor Enlisted Quarters H Inc. 43,200 43,200 Navy Joint Region Marianas Combat Logistics Batallion–4 Facility 92,710 49,710 Navy Joint Region Marianas Consolidated Armory 43,470 43,470 Navy Joint Region Marianas Infantry Battalion Company HQ 44,100 44,100 Navy Joint Region Marianas Joint Communication Upgrade Inc. 84,000 84,000 Navy Joint Region Marianas Marine Expeditionary Brigade Enablers 66,830 66,830 Navy Joint Region Marianas Principal End Item (PEI) Warehouse 47,110 47,110 Navy Joint Region Marianas X-Ray Wharf Berth 2 103,800 51,900 Hawaii Navy Marine Corps Training Area Bellows Perimeter Security Fence 0 6,220 Navy Marine Corps Base Kaneohe Bachelor Enlisted Quarters, Ph 2 Inc, 0 101,200 Navy Marine Corps Base Kaneohe Electrical Distribution Modernization 0 64,500 Indiana Navy Naval Surface Warfare Center Crane Division Strategic Systems Engineering & Hardware Assurance Center 0 0 Navy Naval Surface Warfare Center Crane Division Corporate Operations and Training Center 0 0 Navy Naval Surface Warfare Center Crane Division Anti-Ship Missile Defense Life Cycle Integration and Test Center 0 0 Japan Navy Fleet Activities Yokosuka Pier 5 (Berths 2 and 3) Inc. 15,292 15,292 Navy Fleet Activities Yokosuka Ship Handling & Combat Training Facilities 49,900 49,900 Maine Navy Naval Support Activity Cutler Firehouse (P&D) 0 2,500 Navy Portsmouth Naval Shipyard Multi-Mission Drydock #1 Extension Inc. 250,000 250,000 Navy Portsmouth Naval Shipyard Multi-Mission Drydock #1 Extension Inc.—Navy #1 Ufr 0 0 Maryland Navy Naval Air Station Patuxent River Planning and Design for Aircraft Prototyping Facility, Ph 3 0 1,500 Navy Naval Air Warfare Center Aircraft Division Aircraft Prototyping Facility, Ph 3 0 0 Navy Naval Air Warfare Center Aircraft Division Rotary Wing T&E Hangar Replacement 0 0 Navy Naval Surface Warfare Center Carderock Division Ship Systems Design & Integration Facility 0 0 Navy Naval Surface Warfare Center Carderock Division ARD Range Craft Berthing Facility 0 0 Navy Naval Surface Warfare Center Carderock Division Navy Combatant Craft Laboratory 0 0 Navy Naval Surface Warfare Center Indian Head Planning and Design for Contained Burn Facility 0 1,500 Navy Naval Surface Warfare Center Indian Head Energetic Systems and Technology Laboratory Complex, Ph 2 0 0 Navy Naval Surface Warfare Center Indian Head Contained Burn Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetic Chemical Scale-up Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetics Prototyping Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetic Systems and Technology Laboratory Complex, Ph 3 0 0 Nevada Navy Naval Air Station Fallon Training Range Land Acquisition—Ph 2 48,250 0 North Carolina Navy Marine Corps Base Camp Lejeune Cost to Complete—Water Treatment Plant Replacement Hadnot Pt 0 64,200 Navy Marine Corps Base Camp Lejeune II MEF Operations Center Replacement Inc. 42,200 42,200 Navy Marine Corps Air Station Cherry Point Aircraft Maintenance Hangar 207,897 57,897 Navy Marine Corps Air Station Cherry Point F–35 Flightline Utilities Modernization Ph 2 113,520 30,000 Navy Marine Corps Air Station Cherry Point F–35 Joint Strike Fighter Sustainment Center (P–993) (P&D) 0 10,000 Navy Marine Corps Air Station Cherry Point Ctc—ATC Tower and Airfield Operations 0 18,700 Navy Marine Corps Air Station New River Maintenance Hangar (P&D) 0 13,300 Navy Marine Corps Air Station New River Aircraft Maintenance Hangar Addition/Alteration (P&D) 0 2,700 Pennsylvania Navy Naval Surface Warfare Center Philadelphia Division Machinery Control Development Center 0 77,290 Navy Naval Surface Warfare Center Philadelphia Division Machinery Integration Lab, Ph 1 0 0 Navy Naval Surface Warfare Center Philadelphia Division Power & Energy Tech Systems Integration Lab 0 0 Poland Navy Redzikowo AEGIS Ashore Barracks Planning and Design 0 Rhode Island Navy Naval Station Newport Next Generation Torpedo Integration Lab (P&D) 0 1,200 Navy Naval Station Newport Submarine Payloads Integration Laboratory (P&D) 0 1,400 Navy Naval Station Newport Consolidated RDT&E Systems Facility (P&D) 0 1,700 Navy Naval Station Newport Next Generation Secure Submarine Platform Facility (P&D) 0 4,000 Navy Naval Undersea Warfare Center Newport Division Next Generation Secure Submarine Platform Facility 0 0 Navy Naval Undersea Warfare Center Newport Division Next Generation Torpedo Integration Lab 0 0 Navy Naval Undersea Warfare Center Newport Division Submarine Payloads Integration Facility 0 0 Navy Naval Undersea Warfare Center Newport Division Consolidation RDT&E Systems Facility 0 0 South Carolina Navy Marine Corps Air Station Beaufort Instrument Landing System 0 3,000 Navy Marine Corps Air Station Beaufort F–35 Operational Support Facility 0 4,700 Navy Marine Corps Air Station Beaufort Ctc—Recycling/Hazardous Waste Facility 0 5,000 Navy Marine Corps Air Station Beaufort Aircraft Maintenance Hangar 0 122,600 Navy Marine Corps Reserve Depot Parris Island Entry Control Facility 0 6,000 Spain Navy Naval Station Rota EDI: Explosive Ordnance Disposal (EOD) Mobile Unit Facilities 0 85,600 Texas Navy Naval Air Station Kingsville Planning and Design for Fire Rescue Safety Center 0 2,500 Virginia Navy Naval Station Norfolk CMV–22 Aircraft Maintenance Hangar and Airfield Improvement 0 75,100 Navy Naval Station Norfolk Submarine Pier 3 Inc. 88,923 43,923 Navy Naval Surface Warfare Center Dahlgren Division Cyber Threat & Weapon Systems Engineering Complex 0 0 Navy Naval Surface Warfare Center Dahlgren Division High Powered Electric Weapons Laboratory 0 0 Navy Norfolk Naval Shipyard Dry Dock Saltwater System for CVN–78 156,380 30,000 Navy Marine Corps Base Quantico Vehicle Inspection and Visitor Control Center 42,850 42,850 Navy Marine Corps Base Quantico Wargaming Center Inc. 30,500 30,500 Navy Naval Weapons Station Yorktown Navy Munitions Command (Nmc) Ordnance Facilities Recap, Phase 2 0 93,500 Worldwide Unspecified Navy Unspecified Worldwide Locations Planning and Design 363,252 413,252 Navy Unspecified Worldwide Locations Shipyard Investment Optimization Program 0 225,000 Navy Unspecified Worldwide Locations Shipyard Investment Optimization Program—Planning and Design 0 62,820 Navy Unspecified Worldwide Locations Unspecified Minor Construction 56,435 56,435 Navy Worldwide Various Locations PDI: Planning and Design Unfunded Requirement 0 68,200 Navy Worldwide Various Locations Unspecified Minor Construction 0 75,000 Navy Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 50,000 Military Construction, Navy Total 2,368,352 3,895,117 Alaska AF Eielson Air Force Base Contaminated Soil Removal 0 44,850 AF Joint Base Elmendorf-Richardson Extend Runway 16/34, Inc. 1 79,000 79,000 Arizona AF Davis-Monthan Air Force Base South Wilmot Gate 13,400 13,400 AF Luke Air Force Base F–35A ADAL AMU Facility Squadron #6 28,000 28,000 AF Luke Air Force Base F–35A Squadron Operations Facility #6 21,000 21,000 Australia AF Royal Australian Air Force Base Darwin Squadron Operations Facility 7,400 7,400 AF Royal Australian Air Force Base Tindal Aircraft Maintenance Support Facility 6,200 6,200 AF Royal Australian Air Force Base Tindal Squadron Operations Facility 8,200 8,200 California AF Edwards Air Force Base Flight Test Engineering Lab Complex 4,000 4,000 AF Edwards Air Force Base Upgrade Munitions Complex 0 0 AF Edwards Air Force Base Rocket Engineering, Analysis, and Collaboration Hub (Reach) 0 0 AF Vandenberg Space Force Base GBSD Re-Entry Vehicle Facility 48,000 48,000 AF Vandenberg Space Force Base GBSD Stage Processing Facility 19,000 19,000 Colorado AF Schriever Space Force Base ADAL Fitness Center 0 30,000 AF United States Air Force Academy Add High Bay Vehicle Maintenance 0 4,360 AF United States Air Force Academy Cadet Prep School Dormitory 0 0 District of Columbia AF Joint Base Anacostia Bolling Joint Air Defense Operations Center Ph 2 24,000 24,000 Florida AF Eglin Air Force Base Weapons Technology Integration Center (P&D) 0 40,000 AF Eglin Air Force Base HC-Blackfyre Facilities 0 0 AF Eglin Air Force Base JADC2 & Abms Test Facility 0 0 AF Eglin Air Force Base F–35A Development/Operational Test 2–Bay Hangar (P&D) 0 4,000 AF Eglin Air Force Base Ctc—Advanced Munitions Technology Complex 0 35,000 AF Eglin Air Force Base Integrated Control Facility 0 0 AF Eglin Air Force Base F–35A Development Test 2–Bay MX Hangar 0 0 AF Eglin Air Force Base Flightline Fire Station at Duke Field 0 14,000 Georgia AF Moody Air Force Base 41 Rqs Hh–60w Apron 0 0 Germany AF Spangdahlem Air Base F/a–22 LO/Composite Repair Facility 22,625 22,625 Guam AF Joint Region Marianas Airfield Damage Repair Warehouse 30,000 30,000 AF Joint Region Marianas Hayman Munitions Storage Igloos, MSA2 9,824 9,824 AF Joint Region Marianas Munitions Storage Igloos IV 55,000 55,000 Hawaii AF Maui Experimental Site #3 Secure Integration Support Lab W/ Land Acquisition (P&D) 0 8,800 Hungary AF Kecskemet Air Base EDI: Construct Airfield Upgrades 20,564 20,564 AF Kecskemet Air Base EDI: Construct Parallel Taxiway 38,650 38,650 Italy AF Aviano Air Force Base Area A1 Entry Control Point 0 10,200 Japan AF Kadena Air Base Airfield Damage Repair Storage Facility 38,000 38,000 AF Kadena Air Base Helicopter Rescue OPS Maintenance Hangar 168,000 35,000 AF Kadena Air Base Replace Munitions Structures 26,100 26,100 AF Misawa Air Base Airfield Damage Repair Facility 25,000 25,000 AF Yokota Air Base C–130J Corrosion Control Hangar 67,000 67,000 AF Yokota Air Base Airfield Damage Repair Warehouse 0 39,000 AF Yokota Air Base Construct CATM Facility 25,000 25,000 Louisiana AF Barksdale Air Force Base Weapons Generation Facility, Inc. 1 40,000 40,000 AF Barksdale Air Force Base New Entrance Road and Gate Complex—Ctc 0 36,000 Maryland AF Joint Base Andrews Fire Crash Rescue Station 26,000 26,000 AF Joint Base Andrews Military Working Dog Kennel—Ctc 0 10,000 Massachusetts AF Hanscom Air Force Base NC3 Acquisitions Management Facility 66,000 66,000 Nebraska AF Offutt Air Force Base Replace Trestle F312 0 0 Nevada AF Creech Air Force Base Warrior Fitness Training Center (P&D) 0 2,200 AF Creech Air Force Base Mission Support Facility 0 14,200 New Mexico AF Cannon Air Force Base 192 Bed Dormitory (P&D) 0 5,568 AF Cannon Air Force Base Deployment Processing Center (P&D) 0 5,976 AF Holloman Air Force Base Indoor Target Flip Facility (P&D) 0 2,340 AF Holloman Air Force Base RAMS Indoor Target Flip Facility 0 0 AF Holloman Air Force Base Holloman High Speed Test Track Recapitalization 0 0 AF Holloman Air Force Base ADAL Fabrication Shop 0 0 AF Holloman Air Force Base MQ–9 Formal Training Unit Operations Facility 0 0 AF Kirtland Air Force Base Dedicated Facility for the Space Rapid Capabilities Office (P&D) 0 5,280 AF Kirtland Air Force Base Ctc—Wyoming Gate Antiterrorism Compliance 0 5,600 AF Kirtland Air Force Base Pj/Cro Urban Training Complex (P&D) 0 810 AF Kirtland Air Force Base High Power Electromagnetic (HPEM) Laboratory 0 0 AF Kirtland Air Force Base Laser Effects & Simulation Laboratory 0 0 AF Kirtland Air Force Base ADAL Systems & Engineering Lab 0 0 New Jersey AF Joint Base McGuire-Dix-Lakehurst SFS OPS Confinement Facility (P&D) 0 450 Ohio AF Wright-Patterson Air Force Base Child Development Center 0 24,000 AF Wright-Patterson Air Force Base Human Performance Wing Laboratory 0 0 AF Wright-Patterson Air Force Base Bionatronics Research Center Laboratory 0 0 Oklahoma AF Tinker Air Force Base KC–46A 3–Bay Depot Maintenance Hangar 160,000 60,000 South Carolina AF Joint Base Charleston Flightline Support Facility 0 29,000 AF Joint Base Charleston Fire and Rescue Station 0 30,000 South Dakota AF Ellsworth Air Force Base B–21 2–Bay LO Restoration Facility, Inc. 2 91,000 41,000 AF Ellsworth Air Force Base B–21 ADAL Flight Simulator 24,000 24,000 AF Ellsworth Air Force Base B–21 Field Training Detachment Facility 47,000 47,000 AF Ellsworth Air Force Base B–21 Formal Training Unit/AMU 70,000 70,000 AF Ellsworth Air Force Base B–21 Mission Operations Planning Facility 36,000 36,000 AF Ellsworth Air Force Base B–21 Washrack & Maintenance Hangar 65,000 65,000 Spain AF Moron Air Base EDI-Hot Cargo Pad 8,542 8,542 Tennessee AF Arnold Air Force Base Cooling Water Expansion, Rowland Creek 0 0 AF Arnold Air Force Base Add/Alter Test Cell Delivery Bay 0 14,600 AF Arnold Air Force Base Primary Pumping Station Upgrades 0 0 Texas AF Joint Base San Antonio BMT Recruit Dormitory 7 141,000 40,000 AF Joint Base San Antonio BMT Recruit Dormitory 8, Inc. 3 31,000 31,000 AF Joint Base San Antonio—Fort Sam Houston Child Development Center 0 29,000 AF Joint Base San Antonio—Fort Sam Houston Directed Energy Research Center 0 0 AF Joint Base San Antonio—Lackland Air Force Base Child Development Center 0 29,000 AF Sheppard Air Force Base Child Development Center 20,000 20,000 United Kingdom AF Royal Air Force Fairford EDI: Construct DABS-FEV Storage 94,000 94,000 AF Royal Air Force Lakenheath F–35A Child Development Center 0 24,000 AF Royal Air Force Lakenheath F–35A Munition Inspection Facility 31,000 31,000 AF Royal Air Force Lakenheath F–35 ADAL Conventional Munitions MX 0 4,500 AF Royal Air Force Lakenheath F–35A Weapons Load Training Facility 49,000 49,000 Utah AF Hill Air Force Base GBSD Organic Software Sustainment Ctr, Inc. 2 31,000 31,000 Virginia AF Joint Base Langley-Eustis Fuel Systems Maintenance Dock 0 24,000 Worldwide Unspecified AF Various Worldwide Locations EDI: Planning & Design 648 10,648 AF Various Worldwide Locations PDI: Planning & Design 27,200 47,200 AF Various Worldwide Locations Planning & Design 201,453 201,453 AF Various Worldwide Locations Intelligence, Surveillance, and Reconnaissance Infrastructure Planning and Design 0 20,000 AF Various Worldwide Locations Cost to Complete—Natural Disaster Conus-Based Projects 0 100,000 AF Various Worldwide Locations EDI: UMMC 0 15,000 AF Various Worldwide Locations Unspecified Minor Military Construction 58,884 58,884 AF Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 75,000 Military Construction, Air Force Total 2,102,690 2,485,424 Alabama Def-Wide Fort Rucker 10 MW RICE Generator Plant and Microgrid Controls 0 24,000 Def-Wide Redstone Arsenal Msic Advanced Analysis Facility Phase 1 (Inc) 0 25,000 Belgium Def-Wide Chievres Air Force Base Europe West District Superintendent's Office 15,000 15,000 California Def-Wide Marine Corps Base Camp Pendleton Veterinary Treatment Facility Replacement 13,600 13,600 Def-Wide Silver Strand Training Complex SOF ATC Operations Support Facility 21,700 21,700 Def-Wide Silver Strand Training Complex SOF NSWG11 Operations Support Facility 12,000 12,000 Def-Wide Marine Corps Air Station Miramar Additional LFG Power Meter Station 0 4,054 Def-Wide Naval Air Weapons Station China Lake Solar Energy Storage System 0 9,120 Def-Wide Naval Amphibious Base Coronado Ctc- SOF Training Command 0 20,500 Colorado Def-Wide Buckley Air Force Base JCC Expansion 20,000 20,000 District of Columbia Def-Wide Joint Base Anacostia-Bolling DIA HQ Cooling Towers and Cond Pumps 0 2,257 Def-Wide Joint Base Anacostia-Bolling PV Carports 0 29,004 Florida Def-Wide MacDill Air Force Base Transmission and Switching Stations 0 22,000 Georgia Def-Wide Fort Benning 4.8 MW Generation and Microgrid 0 17,593 Def-Wide Fort Benning SOF Battalion Headquarters Facility 62,000 62,000 Def-Wide Fort Stewart 10 MW Generation Plant, With Microgrid Controls 0 22,000 Def-Wide Kings Bay Naval Submarine Base Electrical Transmission and Distribution 0 19,314 Germany Def-Wide Ramstein Air Base Ramstein Middle School 93,000 13,000 Guam Def-Wide Polaris Point Submarine Base Inner Apra Harbor Resiliency Upgrades Ph1 0 38,300 Hawaii Def-Wide Hdr-Hawaii Homeland Defense Radar (P&D) 0 9,000 Def-Wide Joint Base Pearl Harbor-Hickam Veterinary Treatment Facility Replacement 29,800 29,800 Idaho Def-Wide Mountain Home Air Force Base Water Treatment Plant and Pump Station 0 33,800 Japan Def-Wide Marine Corps Air Base Iwakuni Fuel Pier 57,700 57,700 Def-Wide Kadena Air Base Operations Support Facility 24,000 24,000 Def-Wide Kadena Air Base Truck Unload Facilities 22,300 22,300 Def-Wide Misawa Air Base Additive Injection Pump and Storage Sys 6,000 6,000 Def-Wide Naval Air Facility Atsugi Smart Grid for Utility and Facility Controls 0 3,810 Def-Wide Yokota Air Base Hangar/AMU 108,253 31,653 Kuwait Def-Wide Camp Arifjan Microgrid Controller, 1.25 MW Solar PV, and 1.5 MWH Battery 0 15,000 Maryland Def-Wide Bethesda Naval Hospital MEDCEN Addition / Alteration, Inc. 5 153,233 153,233 Def-Wide Fort Meade NSAW Mission OPS and Records Center Inc. 1 94,000 94,000 Def-Wide Fort Meade NSAW Recap Building 4, Inc. 1 104,100 104,100 Def-Wide Fort Meade SOF Operations Facility 100,000 75,000 Michigan Def-Wide Camp Grayling 650 KW Gas-Fired Micro-Turbine Generation System 0 5,700 Mississippi Def-Wide Camp Shelby 10 MW Generation Plant an Feeder Level Microgrid System 0 34,500 Def-Wide Camp Shelby Electrical Distribution Infrastructure Undergrounding Hardening Project 0 11,155 Missouri Def-Wide Fort Leonard Wood Hospital Replacement, Inc. 4 160,000 160,000 New Mexico Def-Wide Kirtland Air Force Base Environmental Health Facility Replacement 8,600 8,600 New York Def-Wide Fort Drum Wellfield Expansion Resiliency Project 0 27,000 North Carolina Def-Wide Camp Lejeune Ctc—SOF Motor Transport Maintenance Expansion 0 0 Def-Wide Fort Bragg Ctc—SOF Intelligence Training Center 0 0 Def-Wide Fort Bragg 10 MW Microgrid Utilizing Existing and New Generators 0 19,464 Def-Wide Fort Bragg Emergency Water System 0 7,705 North Dakota Def-Wide Cavalier Air Force Station Pcars Emergency Power Plant Fuel Storage 0 24,150 Ohio Def-Wide Springfield-Beckley Municipal Airport Base-Wide Microgrid With Natural Gas Generator, Photovaltaic, and Battery Storage 0 4,700 Puerto Rico Def-Wide Fort Allen Microgrid Conrol System, 690 KW PV, 275 KW Gen, 570 Kwh Bess 0 12,190 Def-Wide Punta Borinquen Ramey Unit School Replacement 84,000 84,000 Def-Wide Aguadilla Ramey Unit School Microgrid Conrol System, 460 KW PV, 275 KW Generator, 660 Kwh Bess 0 10,120 Tennessee Def-Wide Memphis International Airport PV Arrays and Battery Storage 0 4,780 Texas Def-Wide Joint Base San Antonio Ambulatory Care Center Ph 4 35,000 35,000 United Kingdom Def-Wide Menwith Hill Station Rafmh Main Gate Rehabilitation 20,000 20,000 Def-Wide Royal Air Force Lakenheath Hospital Replacement-Temporary Facilities 19,283 19,283 Virginia Def-Wide Fort Belvoir Veterinary Treatment Facility Replacement 29,800 29,800 Def-Wide Humphries Engineer Center and Support Activity SOF Battalion Operations Facility 0 36,000 Def-Wide Pentagon Consolidated Maintenance Complex (RRMC) 20,000 20,000 Def-Wide Pentagon Force Protection Perimeter Enhancements 8,608 8,608 Def-Wide Pentagon Public Works Support Facility 21,935 21,935 Def-Wide Fort Belvoir, NGA Campus East Led Upgrade Package 0 365 Def-Wide Pentagon, Mark Center, and Raven Rock Mountain Complex Recommisioning of Hvac Systems, Part B 0 2,600 Def-Wide National Geospatial-Intelligence Agency Campus East Electrical System Redundancy 0 5,299 Washington Def-Wide Oak Harbor ACC / Dental Clinic (Oak Harbor) 59,000 59,000 Worldwide Unspecified Def-Wide Unspecified Worldwide Locations DIA Planning and Design 11,000 11,000 Def-Wide Unspecified Worldwide Locations DODEA Planning and Design 13,317 13,317 Def-Wide Unspecified Worldwide Locations DODEA Unspecified Minor Construction 8,000 8,000 Def-Wide Unspecified Worldwide Locations ERCIP Design 40,150 40,150 Def-Wide Unspecified Worldwide Locations Energy Resilience and Conserv. Invest. Prog. 246,600 0 Def-Wide Unspecified Worldwide Locations Exercise Related Minor Construction 5,615 5,615 Def-Wide Unspecified Worldwide Locations MDA Unspecified Minor Construction 4,435 4,435 Def-Wide Unspecified Worldwide Locations NSA Planning and Design 83,840 83,840 Def-Wide Unspecified Worldwide Locations NSA Unspecified Minor Military Construction 12,000 12,000 Def-Wide Unspecified Worldwide Locations Planning and Design 14,194 14,194 Def-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction 21,746 21,746 Def-Wide Unspecified Worldwide Locations TJS Planning and Design 2,000 2,000 Def-Wide Unspecified Worldwide Locations Unspecified Minor Construction 3,000 3,000 Def-Wide Unspecified Worldwide Locations WHS Planning and Design 5,275 5,275 Def-Wide Various Worldwide Locations DHA Planning and Design 35,099 35,099 Def-Wide Various Worldwide Locations DLA Planning and Design 20,862 20,862 Def-Wide Various Worldwide Locations DLA Unspecified Minor Construction 6,668 6,668 Def-Wide Various Worldwide Locations SOCOM Planning and Design 20,576 20,576 Military Construction, Defense-Wide Total 1,957,289 2,029,569 Worldwide Unspecified NATO NATO Security Investment Program NATO Security Investment Program 205,853 205,853 NATO Security Investment Program Total 205,853 205,853 Alabama Army NG Redstone Arsenal National Guard Readiness Center 0 17,000 Alaska Army NG Joint Base Elmendorf-Richardson Planning and Design for National Guard Readiness Center 0 5,000 Connecticut Army NG Connecticut Army National Guard Readiness Center—Putnam National Guard Readiness Center 17,500 17,500 Georgia Army NG Fort Benning Post-Initial Mil. Training Unaccomp. Housing 13,200 13,200 Guam Army NG Guam National Guard Readiness Center Barrigada National Guard Readiness Center Addition 34,000 34,000 Idaho Army NG Jerome National Guard Armory National Guard Readiness Center 15,000 15,000 Illinois Army NG Bloomington National Guard Armory National Guard Vehicle Maintenance Shop 15,000 15,000 Kansas Army NG Nickell Memorial Armory National Guard/Reserve Center Building SCIF (P&D) 0 420 Army NG Nickell Memorial Armory National Guard/Reserve Center Building 16,732 16,732 Louisiana Army NG Camp Minden Training Site Collective Training Unaccompanied Housing 0 13,800 Army NG Lake Charles National Guard Readiness Center National Guard Readiness Center 18,500 18,500 Maine Army NG Saco National Guard Readiness Center National Guard Vehicle Maintenance Shop 21,200 21,200 Michigan Army NG Camp Grayling Military Installation National Guard Readiness Center 0 16,000 Mississippi Army NG Camp Shelby Training Site Maneuver Area Training Equipment Site 0 15,500 Missouri Army NG Aviation Classification Repair Activity Depot Avcrad Aircraft Maintenance Hangar Addition (P&D) 0 3,800 Montana Army NG Butte Military Entrance Training Site National Guard Readiness Center 16,000 16,000 Nebraska Army NG Mead Army National Guard Readiness Center Collective Training Unaccompanied Housing 0 11,000 North Dakota Army NG Dickinson National Guard Armory National Guard Readiness Center 15,500 15,500 South Dakota Army NG Sioux Falls Army National Guard National Guard Readiness Center 0 15,000 Vermont Army NG Ethan Allen Air Force Base Family Readiness Center 0 4,665 Army NG Vermont National Guard Armory National Guard Readiness Center 0 16,900 Virginia Army NG Virginia National Guard Readiness Center Army Aviation Support Facility (P&D) 0 5,805 Army NG Virginia National Guard Readiness Center Combined Support Maintenance Shop Addition 6,900 6,900 Army NG Virginia National Guard Readiness Center National Guard Readiness Center Addition 6,100 6,100 Worldwide Unspecified Army NG Unspecified Worldwide Locations Planning and Design 22,000 32,000 Army NG Unspecified Worldwide Locations Unspecified Minor Construction 39,471 39,471 Army NG Various Worldwide Locations Army National Guard Transformation Plan 0 0 Military Construction, Army National Guard Total 257,103 391,993 Michigan Army Res Southfield Area Maintenance Support Activity 12,000 12,000 Ohio Army Res Wright-Patterson Air Force Base AR Center Training Building/ UHS 19,000 19,000 Wisconsin Army Res Fort McCoy Transient Training BN HQ 12,200 12,200 Army Res Fort McCoy Transient Training Enlisted Barracks 0 29,200 Army Res Fort McCoy Transient Training Officer Barracks 0 29,200 Army Res Fort McCoy Transient Training Enlisted Barracks 0 0 Worldwide Unspecified Army Res Unspecified Worldwide Locations Planning and Design 7,167 7,167 Army Res Unspecified Worldwide Locations Cost to Complete 0 0 Army Res Unspecified Worldwide Locations Unspecified Minor Military Construction 14,544 14,544 Military Construction, Army Reserve Total 64,911 123,311 Michigan N/MC Res Navy Operational Support Center Battle Creek Reserve Center & Vehicle Maintenance Facility 49,090 49,090 Minnesota N/MC Res Minneapolis Joint Reserve Intelligence Center 14,350 14,350 Worldwide Unspecified N/MC Res Unspecified Worldwide Locations MCNR Planning & Design 1,257 1,257 N/MC Res Unspecified Worldwide Locations MCNR Unspecified Minor Construction 2,359 2,359 N/MC Res Unspecified Worldwide Locations USMCR Planning and Design 4,748 4,748 Military Construction, Naval Reserve Total 71,804 71,804 Alabama Air NG Sumpter Smith Air National Guard Base Security and Services Training Facility 0 7,500 Air NG Montgomery Regional Airport Aircraft Maintenance Facility 0 19,200 Connecticut Air NG Bradley International Airport Composite ASE/Vehicle MX Facility 0 17,000 Delaware Air NG Newcastle Air National Guard Base Fuel Cell/Corrosion Control Hangar 0 17,500 Idaho Air NG Boise Air National Guard Base Gowen Field Medical Training Facility 0 6,500 Illinois Air NG Abraham Lincoln Capital Airport Base Civil Engineering Facility 0 10,200 Massachusetts Air NG Barnes Air National Guard Combined Engine/ASE/NDI Shop 12,200 12,200 Michigan Air NG Alpena County Regional Airport Aircraft Maintenance Hangar/Shops 23,000 23,000 Air NG Selfridge Air National Guard Base a–10 Maintenance Hangar and Shops 0 28,000 Air NG W. K. Kellog Regional Airport Construct Main Base Entrance 10,000 10,000 Mississippi Air NG Jackson International Airport Fire Crash and Rescue Station 9,300 9,300 New York Air NG Francis S. Gabreski Airport Base Civil Engineer Complex 0 14,800 Air NG Schenectady Municipal Airport C–130 Flight Simulator Facility 10,800 10,800 Ohio Air NG Camp Perry Red Horse Logistics Complex 7,800 7,800 South Carolina Air NG Mcentire Joint National Guard Base Hazardous Cargo Pad 0 9,000 Air NG Mcentire Joint National Guard Base F–16 Mission Training Center 9,800 9,800 South Dakota Air NG Joe Foss Field F–16 Mission Training Center 9,800 9,800 Texas Air NG Kelly Field Annex Aircraft Corrosion Control 0 9,500 Washington Air NG Camp Murray Air National Guard Station Air Support Operations Complex 0 27,000 Wisconsin Air NG Truax Field F–35 3–Bay Specialized Hangar 31,000 31,000 Air NG Truax Field Medical Readiness Facility 13,200 13,200 Air NG Volk Combat Readiness Training Center Replace Aircraft Maintenance Hangar/Shops (P&D) 0 2,280 Worldwide Unspecified Air NG Unspecified Worldwide Locations Unspecified Minor Construction 29,068 29,068 Air NG Various Worldwide Locations Planning and Design 18,402 34,402 Wyoming Air NG Cheyenne Municipal Airport Combined Vehicle Maintenance & ASE Complex 13,400 13,400 Military Construction, Air National Guard Total 197,770 382,250 California AF Res Beale Air Force Base 940 ARW SQ OPS &amu Complex 0 33,000 Florida AF Res Homestead Air Force Reserve Base Corrosion Control Facility 14,000 14,000 AF Res Patrick Air Force Base Simulator C–130J 18,500 18,500 Indiana AF Res Grissom Air Reserve Base Logistics Readiness Complex 0 29,000 Minnesota AF Res Minneapolis-St Paul International Airport Mission Support Group Facility 14,000 14,000 New York AF Res Niagara Falls Air Reserve Station Main Gate 10,600 10,600 Ohio AF Res Youngstown Air Reserve Base Assault Runway 0 8,700 Worldwide Unspecified AF Res Worldwide Various Locations KC–46 Mob 5 (P&D) 0 15,000 AF Res Unspecified Worldwide Locations Planning & Design 5,830 5,830 AF Res Unspecified Worldwide Locations Unspecified Minor Military Construction 15,444 15,444 Military Construction, Air Force Reserve Total 78,374 164,074 Italy FH Con Army Vicenza Family Housing New Construction 92,304 92,304 Kwajalein Atoll FH Con Army Kwajalein Atoll Family Housing Replacement Construction 0 10,000 Pennsylvania FH Con Army Tobyhanna Army Depot Ctc- Family Housing Replacement Construction 0 7,500 Puerto Rico FH Con Army Fort Buchanan Ctc- Family Housing Replacement Construction 0 14,000 Worldwide Unspecified FH Con Army Unspecified Worldwide Locations Family Housing P&D 7,545 37,545 Family Housing Construction, Army Total 99,849 161,349 Worldwide Unspecified FH Ops Army Unspecified Worldwide Locations Furnishings 18,077 18,077 FH Ops Army Unspecified Worldwide Locations Housing Privitization Support 38,404 38,404 FH Ops Army Unspecified Worldwide Locations Leasing 128,110 128,110 FH Ops Army Unspecified Worldwide Locations Maintenance 111,181 111,181 FH Ops Army Unspecified Worldwide Locations Management 42,850 42,850 FH Ops Army Unspecified Worldwide Locations Miscellaneous 556 556 FH Ops Army Unspecified Worldwide Locations Services 8,277 8,277 FH Ops Army Unspecified Worldwide Locations Utilities 43,772 43,772 Family Housing Operation And Maintenance, Army Total 391,227 391,227 Worldwide Unspecified FH Con Navy Unspecified Worldwide Locations Construction Improvements 71,884 71,884 FH Con Navy Unspecified Worldwide Locations Planning & Design 3,634 3,634 FH Con Navy Unspecified Worldwide Locations USMC DPRI/Guam Planning and Design 2,098 2,098 Family Housing Construction, Navy And Marine Corps Total 77,616 77,616 Worldwide Unspecified FH Ops Navy Unspecified Worldwide Locations Furnishings 16,537 16,537 FH Ops Navy Unspecified Worldwide Locations Housing Privatization Support 54,544 54,544 FH Ops Navy Unspecified Worldwide Locations Leasing 62,567 62,567 FH Ops Navy Unspecified Worldwide Locations Maintenance 95,417 95,417 FH Ops Navy Unspecified Worldwide Locations Management 54,083 54,083 FH Ops Navy Unspecified Worldwide Locations Miscellaneous 285 285 FH Ops Navy Unspecified Worldwide Locations Services 17,637 17,637 FH Ops Navy Unspecified Worldwide Locations Utilities 56,271 56,271 Family Housing Operation And Maintenance, Navy And Marine Corps Total 357,341 357,341 Georgia FH Con AF Robins Air Force Base Robins 2 MHPI Restructure 6,000 6,000 Nebraska FH Con AF Offutt Air Force Base Offutt MHPI Restructure 50,000 50,000 Worldwide Unspecified FH Con AF Unspecified Worldwide Locations Construction Improvements 49,258 49,258 FH Con AF Unspecified Worldwide Locations Planning & Design 10,458 10,458 Family Housing Construction, Air Force Total 115,716 115,716 Worldwide Unspecified FH Ops AF Unspecified Worldwide Locations Furnishings 26,842 26,842 FH Ops AF Unspecified Worldwide Locations Housing Privatization 23,275 23,275 FH Ops AF Unspecified Worldwide Locations Leasing 9,520 9,520 FH Ops AF Unspecified Worldwide Locations Maintenance 141,754 141,754 FH Ops AF Unspecified Worldwide Locations Management 70,062 70,062 FH Ops AF Unspecified Worldwide Locations Miscellaneous 2,200 2,200 FH Ops AF Unspecified Worldwide Locations Services 8,124 8,124 FH Ops AF Unspecified Worldwide Locations Utilities 43,668 43,668 Family Housing Operation And Maintenance, Air Force Total 325,445 325,445 Worldwide Unspecified FH Ops DW Unspecified Worldwide Locations DIA Furnishings 656 656 FH Ops DW Unspecified Worldwide Locations DIA Leasing 31,430 31,430 FH Ops DW Unspecified Worldwide Locations DIA Utilities 4,166 4,166 FH Ops DW Unspecified Worldwide Locations Maintenance 49 49 FH Ops DW Unspecified Worldwide Locations NSA Furnishings 83 83 FH Ops DW Unspecified Worldwide Locations NSA Leasing 13,387 13,387 FH Ops DW Unspecified Worldwide Locations NSA Utilities 14 14 Family Housing Operation And Maintenance, Defense-Wide Total 49,785 49,785 Worldwide Unspecified FHIF Unspecified Worldwide Locations Administrative Expenses—FHIF 6,081 6,081 Unaccompanied Housing Improvement Fund Total 6,081 6,081 Worldwide Unspecified UHIF Unspecified Worldwide Locations Administrative Expenses—UHIF 494 494 Unaccompanied Housing Improvement Fund Total 494 494 Worldwide Unspecified BRAC Base Realignment & Closure, Army Base Realignment and Closure 65,301 115,301 Base Realignment and Closure—Army Total 65,301 115,301 Worldwide Unspecified BRAC Unspecified Worldwide Locations Base Realignment & Closure 111,155 161,155 Base Realignment and Closure—Navy Total 111,155 161,155 Worldwide Unspecified BRAC Unspecified Worldwide Locations DOD BRAC Activities—Air Force 104,216 104,216 Base Realignment and Closure—Air Force Total 104,216 104,216 Worldwide Unspecified BRAC Unspecified Worldwide Locations Base Realignment and Closure 0 0 BRAC Unspecified Worldwide Locations Int–4: DLA Activities 3,967 3,967 Base Realignment and Closure—Defense-wide Total 3,967 3,967 <bold></bold> <bold></bold> Total, Military Construction 9,847,031 13,347,031", "id": "H44FC5CE59BE04A33A3DAAD0C840A16FD", "header": "Military construction" }, { "text": "4701. Department of Energy national security programs \nSEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) Program FY 2022 Request Conference Authorized Discretionary Summary by Appropriation Energy and Water Development and Related Agencies Appropriation Summary: Energy Programs Nuclear energy 149,800 149,800 Atomic Energy Defense Activities National Nuclear Security Administration: Weapons activities 15,484,295 15,981,328 Defense nuclear nonproliferation 1,934,000 1,957,000 Naval reactors 1,860,705 1,860,705 Federal Salaries and Expenses 464,000 464,000 Total, National Nuclear Security Administration 19,743,000 20,263,033 Defense environmental cleanup 6,841,670 6,480,759 Defense Uranium Enrichment D&D 0 0 Other defense activities 1,170,000 920,000 Total, Atomic Energy Defense Activities 27,754,670 27,663,792 Total, Discretionary Funding 27,904,470 27,813,592 Nuclear Energy Safeguards and security 149,800 149,800 Total, Nuclear Energy 149,800 149,800 National Nuclear Security Administration Federal Salaries and Expenses Program direction 464,000 464,000 Weapons Activities Stockpile management Stockpile major modernization B61 Life extension program 771,664 771,664 W76–2 Modification program 0 0 W88 Alteration program 207,157 207,157 W80–4 Life extension program 1,080,400 1,080,400 W80–4 ALT SLCM 10,000 10,000 W87–1 Modification Program (formerly IW1) 691,031 691,031 W93 72,000 72,000 Subtotal, Stockpile major modernization 2,832,252 2,832,252 Stockpile sustainment 1,180,483 1,180,483 Weapons dismantlement and disposition 51,000 51,000 Production operations 568,941 568,941 Total, Stockpile management 4,632,676 4,632,676 Production modernization Primary Capability Modernization Plutonium Modernization Los Alamos plutonium modernization Los Alamos Plutonium Operations 660,419 660,419 21–D–512, Plutonium Pit Production Project, LANL 350,000 350,000 Subtotal, Los Alamos plutonium modernization 1,010,419 1,010,419 Savannah River plutonium modernization Savannah River plutonium operations 128,000 128,000 21–D–511, Savannah River Plutonium Processing Facility, SRS 475,000 475,000 Subtotal, Savannah River plutonium modernization 603,000 603,000 Enterprise Plutonium Support 107,098 107,098 Total, Plutonium Modernization 1,720,517 1,720,517 High Explosives & Energetics 68,785 68,785 Total, Primary Capability Modernization 1,789,302 1,789,302 Secondary Capability Modernization 488,097 488,097 Tritium and Domestic Uranium Enrichment 489,017 489,017 Non-Nuclear Capability Modernization 144,563 144,563 Total, Production modernization 2,910,979 2,910,979 Stockpile research, technology, and engineering Assessment science 689,578 769,394 Engineering and integrated assessments 336,766 292,085 Inertial confinement fusion 529,000 580,000 Advanced simulation and computing 747,012 747,012 Weapon technology and manufacturing maturation 292,630 292,630 Academic programs 95,645 101,945 Total, Stockpile research, technology, and engineering 2,690,631 2,783,066 Infrastructure and operations Operating Operations of facilities 1,014,000 1,014,000 Safety and Environmental Operations 165,354 165,354 Maintenance and Repair of Facilities 670,000 1,020,000 Recapitalization Infrastructure and Safety 508,664 508,664 Capabilities Based Investments 143,066 143,066 Planning for Programmatic Construction (Pre-CD–1) 0 0 Subtotal, Recapitalization 651,730 651,730 Total, Operating 2,501,084 2,851,084 Construction Programmatic 22–D–513 Power Sources Capability, SNL 13,827 13,827 21–D–510, HE Synthesis, Formulation, and Production Facility, PX 44,500 36,200 18–D–690, Lithium Processing Facility, Y–12 167,902 167,902 18–D–650, Tritium Finishing Facility, SRS 27,000 27,000 18–D–620, Exascale Computing Facility Modernization Project, LLNL 0 0 17–D–640, U1a Complex Enhancements Project, NNSS 135,000 135,000 15–D–302, TA–55 Reinvestment Project—Phase 3, LANL 27,000 27,000 15–D–301, HE Science & Engineering Facility, PX 0 0 07–D–220-04, Transuranic Liquid Waste Facility, LANL 0 0 06–D–141, Uranium Processing Facility, Y–12 524,000 600,000 04–D–125, Chemistry and Metallurgy Research Replacement Project, LANL 138,123 138,123 Total, Programmatic 1,077,352 1,145,052 Mission enabling 22–D–514 Digital Infrastructure Capability Expansion 8,000 8,000 Total, Mission enabling 8,000 8,000 Total, Construction 1,085,352 1,153,052 Total, Infrastructure and operations 3,586,436 4,004,136 Secure transportation asset Operations and equipment 213,704 213,704 Program direction 117,060 117,060 Total, Secure transportation asset 330,764 330,764 Defense nuclear security Operations and maintenance 824,623 811,521 Security improvements program 0 0 Construction: 17–D–710, West end protected area reduction project, Y–12 23,000 23,000 Subtotal, construction 23,000 23,000 Total, Defense nuclear security 847,623 834,521 Information technology and cybersecurity 406,530 406,530 Legacy contractor pensions 78,656 78,656 Total, Weapons Activities 15,484,295 15,981,328 Adjustments Use of prior year balances 0 0 Total, Adjustments 0 0 Total, Weapons Activities 15,484,295 15,981,328 Defense Nuclear Nonproliferation Defense Nuclear Nonproliferation Programs Material management and minimization Conversion (formerly HEU Reactor Conversion) 100,660 100,660 Nuclear material removal 42,100 42,100 Material disposition 200,186 200,186 Laboratory and partnership support 0 0 Total, Material management & minimization 342,946 342,946 Global material security International nuclear security 79,939 79,939 Domestic radiological security 158,002 158,002 International radiological security 85,000 85,000 Nuclear smuggling detection and deterrence 175,000 185,000 Total, Global material security 497,941 507,941 Nonproliferation and arms control 184,795 184,795 National Technical Nuclear Forensics R&D 45,000 45,000 Defense nuclear nonproliferation R&D Proliferation detection 269,407 269,407 Nonproliferation stewardship program 87,329 100,329 Nuclear detonation detection 271,000 271,000 Nonproliferation fuels development 0 0 Total, Defense Nuclear Nonproliferation R&D 627,736 640,736 Nonproliferation construction U. S. Construction: 18–D–150 Surplus Plutonium Disposition Project 156,000 156,000 99–D–143, Mixed Oxide (MOX) Fuel Fabrication Facility, SRS 0 0 Total, U. S. Construction: 156,000 156,000 Total, Nonproliferation construction 156,000 156,000 Total, Defense Nuclear Nonproliferation Programs 1,854,418 1,877,418 Legacy contractor pensions 38,800 38,800 Nuclear counterterrorism and incident response program Emergency Operations 14,597 14,597 Counterterrorism and Counterproliferation 356,185 356,185 Total, Nuclear counterterrorism and incident response program 370,782 370,782 Subtotal, Defense Nuclear Nonproliferation 2,264,000 2,287,000 Adjustments Use of prior year balances 0 0 Use of prior year MOX funding –330,000 –330,000 Total, Adjustments –330,000 –330,000 Total, Defense Nuclear Nonproliferation 1,934,000 1,957,000 Naval Reactors Naval reactors development 640,684 640,684 Columbia-Class reactor systems development 55,000 55,000 S8G Prototype refueling 126,000 126,000 Naval reactors operations and infrastructure 594,017 594,017 Program direction 55,579 55,579 Construction: 22–D–532 Security Upgrades KL 5,100 5,100 22–D–531 KL Chemistry & Radiological Health Building 41,620 41,620 21–D–530 KL Steam and Condensate Upgrades 0 0 14–D–901, Spent Fuel Handling Recapitalization Project, NRF 348,705 348,705 Total, Construction 395,425 395,425 Use of Prior Year unobligated balances –6,000 –6,000 Total, Naval Reactors 1,860,705 1,860,705 TOTAL, National Nuclear Security Administration 19,743,000 20,263,033 Defense Environmental Cleanup Closure sites administration 3,987 3,987 Richland: River corridor and other cleanup operations 196,000 211,000 Central plateau remediation 689,776 689,776 Richland community and regulatory support 5,121 5,121 18–D–404 Modification of Waste Encapsulation and Storage Facility 8,000 8,000 22–D–401 L–888, 400 Area Fire Station 15,200 15,200 22–D–402 L–897, 200 Area Water Treatment Facility 12,800 12,800 Total, Richland 926,897 941,897 Office of River Protection: Waste Treatment Immobilization Plant Commissioning 50,000 50,000 Rad liquid tank waste stabilization and disposition 817,642 837,642 Construction: 18–D–16 Waste treatment and immobilization plant—LBL/Direct feed LAW 586,000 586,000 01–D–16 D, High-level waste facility 60,000 60,000 01–D–16 E, Pretreatment Facility 20,000 20,000 Total, Construction 666,000 666,000 ORP Low-level waste offsite disposal 7,000 7,000 Total, Office of River Protection 1,540,642 1,560,642 Idaho National Laboratory: Idaho cleanup and waste disposition 358,925 358,925 Idaho community and regulatory support 2,658 2,658 Construction: 22–D–403 Idaho Spent Nuclear Fuel Staging Facility 3,000 3,000 22–D–404 Addl ICDF Landfill Disposal Cell and Evaporation Ponds Project 5,000 5,000 Total, Construction 8,000 8,000 Total, Idaho National Laboratory 369,583 369,583 NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory 1,806 1,806 LLNL Excess facilities D&D 35,000 35,000 Separations Processing Research Unit 15,000 15,000 Nevada Test Site 60,737 60,737 Sandia National Laboratory 4,576 4,576 Los Alamos National Laboratory 275,119 275,119 Los Alamos Excess facilities D&D 58,381 58,381 Total, NNSA sites and Nevada off-sites 450,619 450,619 Oak Ridge Reservation: OR Nuclear facility D&D 274,923 287,316 U233 Disposition Program 55,000 55,000 OR cleanup and waste disposition 73,725 73,725 Construction: 17–D–401 On-site waste disposal facility 12,500 12,500 14–D–403 Outfall 200 Mercury Treatment Facility 0 0 Subtotal, Construction: 12,500 12,500 OR community & regulatory support 5,096 5,096 OR technology development and deployment 3,000 3,000 Total, Oak Ridge Reservation 424,244 436,637 Savannah River Site: Savannah River risk management operations 452,724 454,090 SR legacy pensions 130,882 130,882 SR community and regulatory support 5,805 11,805 Construction: 20-D–402 Advanced Manufacturing Collaborative Facility (AMC) 0 0 20-D–401 Saltstone Disposal Unit #10, 11, 12 19,500 19,500 19–D–701 SR Security systems replacement 5,000 5,000 18–D–402 Saltstone disposal unit #8/9 68,000 68,000 17–D–402 Saltstone Disposal Unit #7 0 0 05–D–405 Salt waste processing facility, SRS 0 0 8–D–402 Emergency Operations Center Replacement, SR 8,999 8,999 Radioactive liquid tank waste stabilization 890,865 890,865 Total, Savannah River Site 1,581,775 1,589,141 Waste Isolation Pilot Plant Waste Isolation Pilot Plant 350,424 350,424 Construction: 15–D–411 Safety significant confinement ventilation system, WIPP 55,000 55,000 15–D–412 Exhaust shaft, WIPP 25,000 25,000 21–D–401 Hoisting Capability Project 0 0 Total, Construction 80,000 80,000 Total, Waste Isolation Pilot Plant 430,424 430,424 Program direction—Defense Environmental Cleanup 293,106 293,106 Program support—Defense Environmental Cleanup 62,979 62,979 Safeguards and Security—Defense Environmental Cleanup 316,744 316,744 Technology development and deployment 25,000 25,000 Federal contribution to the Uranium Enrichment D&D Fund 415,670 0 Use of prior year balances 0 0 Subtotal, Defense environmental cleanup 6,841,670 6,480,759 TOTAL, Defense Environmental Cleanup 6,841,670 6,480,759 Defense Uranium Enrichment D&D 0 0 Other Defense Activities Environment, health, safety and security Environment, health, safety and security mission support 130,809 130,809 Program direction 75,511 75,511 Total, Environment, health, safety and security 206,320 206,320 Independent enterprise assessments Enterprise assessments 27,335 27,335 Program direction—Office of Enterprise Assessments 56,049 56,049 Total, Office of Enterprise Assessments 83,384 83,384 Specialized security activities 283,500 283,500 Office of Legacy Management Legacy management activities—defense 408,797 158,797 Program direction 19,933 19,933 Total, Office of Legacy Management 428,730 178,730 Defense related administrative support 163,710 163,710 Office of hearings and appeals 4,356 4,356 Subtotal, Other defense activities 1,170,000 920,000 Use of prior year balances 0 0 Total, Other Defense Activities 1,170,000 920,000", "id": "HB6628F08262246B88D5791446EA93F4E", "header": "Department of Energy national security programs" }, { "text": "5001. Short title \nThis division may be cited as the Department of State Authorization Act of 2021.", "id": "H67DF8DF2F9D84529A27F45BE4FE60226", "header": "Short title" }, { "text": "5002. Definitions \nIn this division: (1) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Department \nIf not otherwise specified, the term Department means the Department of State. (3) Secretary \nIf not otherwise specified, the term Secretary means the Secretary of State.", "id": "HD49CE56E8B0145C7A2F06A7DA6226010", "header": "Definitions" }, { "text": "5101. Sense of Congress on importance of Department of State’s work \nIt is the sense of Congress that— (1) United States global engagement is key to a stable and prosperous world; (2) United States leadership is indispensable in light of the many complex and interconnected threats facing the United States and the world; (3) diplomacy and development are critical tools of national power, and full deployment of these tools is vital to United States national security; (4) challenges such as the global refugee and migration crises, terrorism, historic famine and food insecurity, and fragile or repressive societies cannot be addressed without sustained and robust United States diplomatic and development leadership; (5) the United States Government must use all of the instruments of national security and foreign policy at its disposal to protect United States citizens, promote United States interests and values, and support global stability and prosperity; (6) United States security and prosperity depend on having partners and allies that share our interests and values, and these partnerships are nurtured and our shared interests and values are promoted through United States diplomatic engagement, security cooperation, economic statecraft, and assistance that helps further economic development, good governance, including the rule of law and democratic institutions, and the development of shared responses to natural and humanitarian disasters; (7) as the United States Government agencies primarily charged with conducting diplomacy and development, the Department and the United States Agency for International Development (USAID) require sustained and robust funding to carry out this important work, which is essential to our ability to project United States leadership and values and to advance United States interests around the world; (8) the work of the Department and USAID makes the United States and the world safer and more prosperous by alleviating global poverty and hunger, fighting HIV/AIDS and other infectious diseases, strengthening alliances, expanding educational opportunities for women and girls, promoting good governance and democracy, supporting anti-corruption efforts, driving economic development and trade, preventing armed conflicts and humanitarian crises, and creating American jobs and export opportunities; (9) the Department and USAID are vital national security agencies, whose work is critical to the projection of United States power and leadership worldwide, and without which Americans would be less safe, United States economic power would be diminished, and global stability and prosperity would suffer; (10) investing in diplomacy and development before conflicts break out saves American lives while also being cost-effective; and (11) the contributions of personnel working at the Department and USAID are extraordinarily valuable and allow the United States to maintain its leadership around the world.", "id": "H46B03FD0DC05452BA34D0C5006073D31", "header": "Sense of Congress on importance of Department of State’s work" }, { "text": "5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs \n(a) In general \nSection 1(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c) ) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following new paragraph: (3) Assistant Secretary for International Narcotics and Law Enforcement Affairs \n(A) In general \nThere is authorized to be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs, who shall be responsible to the Secretary of State for all matters, programs, and related activities pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy by the Department, including, as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, and such other related duties as the Secretary may from time to time designate. (B) Areas of responsibility \nThe Assistant Secretary for International Narcotics and Law Enforcement Affairs shall maintain continuous observation and coordination of all matters pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy, including programs carried out by other United States Government agencies when such programs pertain to the following matters: (i) Combating international narcotics production and trafficking. (ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, prison systems, and the sharing of recovered assets. (iii) Training and equipping foreign police, border control, other government officials, and other civilian law enforcement authorities for anti-crime purposes, including ensuring that no foreign security unit or member of such unit shall receive such assistance from the United States Government absent appropriate vetting. (iv) Ensuring the inclusion of human rights and women’s participation issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, and other senior officials in regional and thematic bureaus and offices. (v) Combating, in conjunction with other relevant bureaus of the Department of State and other United States Government agencies, all forms of transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime. (vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes and engaging with multilateral organizations responsible for monitoring and supporting foreign governments’ anti-corruption efforts. (C) Additional duties \nIn addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall also— (i) carry out timely and substantive consultation with chiefs of mission and, as appropriate, the heads of other United States Government agencies to ensure effective coordination of all international narcotics and law enforcement programs carried out overseas by the Department and such other agencies; (ii) coordinate with the Office of National Drug Control Policy to ensure lessons learned from other United States Government agencies are available to the Bureau of International Narcotics and Law Enforcement Affairs of the Department; (iii) develop standard requirements for monitoring and evaluation of Bureau programs, including metrics for success that do not rely solely on the amounts of illegal drugs that are produced or seized; (iv) in coordination with the Secretary of State, annually certify in writing to the Committee on Foreign Relations of the Senate that United States and the Committee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics and Law Enforcement Affairs are complying with section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ); and (v) carry out such other relevant duties as the Secretary may assign. (D) Rule of construction \nNothing in this paragraph may be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.. (b) Modification of annual international narcotics control strategy report \nSubsection (a) of section 489 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h ) is amended by inserting after paragraph (9) the following new paragraph: (10) A separate section that contains an identification of all United States Government-supported units funded by the Bureau of International Narcotics and Law Enforcement Affairs and any Bureau-funded operations by such units in which United States law enforcement personnel have been physically present..", "id": "H84285C3EC1814084A3BAD9BBCDD11425", "header": "Assistant Secretary for International Narcotics and Law Enforcement Affairs" }, { "text": "5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) by redesignating subsection (g) as subsection (j); and (2) by inserting after subsection (f) the following new subsections: (g) Bureau of Consular Affairs \nThere is in the Department of State the Bureau of Consular Affairs, which shall be headed by the Assistant Secretary of State for Consular Affairs. (h) Bureau of Population, Refugees, and Migration \nThere is in the Department of State the Bureau of Population, Refugees, and Migration, which shall be headed by the Assistant Secretary of State for Population, Refugees, and Migration..", "id": "H91F1BFE3116F42DF95BE9910FF9752A6", "header": "Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration" }, { "text": "5104. Office of International Disability Rights \n(a) Establishment \nThere should be established in the Department of State an Office of International Disability Rights (referred to in this section as the Office ). (b) Duties \nThe Office should— (1) seek to ensure that all United States foreign operations are accessible to, and inclusive of, persons with disabilities; (2) promote the human rights and full participation in international development activities of all persons with disabilities; (3) promote disability inclusive practices and the training of Department of State staff on soliciting quality programs that are fully inclusive of people with disabilities; (4) represent the United States in diplomatic and multilateral fora on matters relevant to the rights of persons with disabilities, and work to raise the profile of disability across a broader range of organizations contributing to international development efforts; (5) conduct regular consultation with civil society organizations working to advance international disability rights and empower persons with disabilities internationally; (6) consult with other relevant offices at the Department that are responsible for drafting annual reports documenting progress on human rights, including, wherever applicable, references to instances of discrimination, prejudice, or abuses of persons with disabilities; (7) advise the Bureau of Human Resources or its equivalent within the Department regarding the hiring and recruitment and overseas practices of civil service employees and Foreign Service officers with disabilities and their family members with chronic medical conditions or disabilities; and (8) carry out such other relevant duties as the Secretary of State may assign. (c) Supervision \nThe Office may be headed by— (1) a senior advisor to the appropriate Assistant Secretary of State; or (2) an officer exercising significant authority who reports to the President or Secretary of State, appointed by and with the advice and consent of the Senate. (d) Consultation \nThe Secretary of State should direct Ambassadors at Large, Representatives, Special Envoys, and coordinators working on human rights to consult with the Office to promote the human rights and full participation in international development activities of all persons with disabilities.", "id": "HAEF21A5E22144C99944C6FA7639152AB", "header": "Office of International Disability Rights" }, { "text": "5105. Special appointment authority \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), as amended by section 6103 of this Act, is further amended by inserting after subsection (h) the following new subsection: (i) Special appointments \n(1) Positions exercising significant authority \nThe President may, by and with the advice and consent of the Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States. Except as provided in paragraph (3) or in clause 3, section 2, article II of the Constitution (relating to recess appointments), an individual may not be designated as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate. (2) Positions not exercising significant authority \nThe President or Secretary of State may appoint any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State not exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate, if the President or Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following: (A) A certification that the position does not require the exercise of significant authority pursuant to the laws of the United States. (B) A description of the duties and purpose of the position. (C) The rationale for giving the specific title and function to the position. (3) Limited exception for temporary appointments exercising significant authority \nThe President may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary of State, not later than 15 days after the appointment of a person to such a position, or 30 days after the date of the enactment of this subsection, whichever is earlier, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification that includes the following: (A) The necessity for conferring such title and function. (B) The dates during which such title and function will be held. (C) The justification for not submitting the proposed conferral of such title and function to the Senate as a nomination for advice and consent to appointment. (D) All relevant information concerning any potential conflict of interest which the proposed recipient of such title and function may have with regard to the appointment. (4) Renewal of temporary appointment \nThe President may renew for one period not to exceed 180 days any position maintained or established under paragraph (3) if the President, not later than 15 days before issuing such renewal, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a detailed justification on the necessity of such extension, including the dates with respect to which such title will continue to be held and the justification for not submitting such title to the Senate as a nomination for advice and consent. (5) Exemption \nParagraphs (1) through (4) shall not apply to a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person performing a similar function, regardless of title, at the Department of State if the position is expressly mandated by statute. (6) Effective date \nThis subsection shall apply to appointments made on or after January 3, 2023..", "id": "H2F3E5C54A3674D7794CB9DB30312CF51", "header": "Special appointment authority" }, { "text": "5106. Repeal of authority for Special Representative and Policy Coordinator for Burma \nSection 7 of the Tom Lantos Block Burmese Jade (Junta’s Anti-Democratic Efforts) Act of 2008 ( Public Law 110–286 ; 50 U.S.C. 1701 note) relating to the establishment of a Special Representative and Policy Coordinator for Burma) is hereby repealed.", "id": "HCF677A96A5674C9CBDE9888A7D3571D0", "header": "Repeal of authority for Special Representative and Policy Coordinator for Burma" }, { "text": "5107. Anti-piracy information sharing \nThe Secretary is authorized to provide for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP).", "id": "HB3BA09C839204BD3B7D95E402CCE5022", "header": "Anti-piracy information sharing" }, { "text": "5108. Importance of foreign affairs training to national security \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign and Civil Service, require the best possible training at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department’s investment of time and resources with respect to the training and education of its personnel is considerably below the level of other Federal departments and agencies in the national security field, and falls well below the investments many allied and adversarial countries make in the development of their diplomats; (3) the Department faces increasingly complex and rapidly evolving challenges, many of which are science and technology-driven, and which demand the continual, high-quality training and education of its personnel; (4) the Department must move beyond reliance on on-the-job training and other informal mentorship practices, which lead to an inequality in skillset development and career advancement opportunities, often particularly for minority personnel, and towards a robust professional tradecraft training continuum that will provide for greater equality in career advancement and increase minority participation in the senior ranks; (5) the Department’s Foreign Service Institute and other training facilities should seek to substantially increase their educational and training offerings to Department personnel, including developing new and innovative educational and training courses, methods, programs, and opportunities; and (6) consistent with existing Department gift acceptance authority and other applicable laws, the Department and Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Training float \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to the appropriate congressional committees a strategy to establish a training float to allow for up to 15 percent of the Civil and Foreign Service to participate in long-term training at any given time. The strategy should identify steps necessary to ensure the implementation of the training priorities identified in subsection (c), sufficient training capacity and opportunities are available to Civil and Foreign Service officers, the equitable distribution of long-term training opportunities to Civil and Foreign Service officers, and the provision of any additional resources or authorities necessary to facilitate such a training float, including programs at the George P. Schultz National Foreign Affairs Training Center, the Foreign Service Institute, the Foreign Affairs Security Training Center, and other facilities or programs operated by the Department of State. The strategy shall identify which types of training would be prioritized, the extent (if any) to which such training is already being provided to Civil and Foreign Service officers by the Department of State, any factors incentivizing or disincentivizing such training, and why such training cannot be achieved without Civil and Foreign Service officers leaving the workforce. In addition to training opportunities provided by the Department, the strategy shall consider training that could be provided by the other United States Government training institutions, as well as nongovernmental educational institutions. The strategy shall consider approaches to overcome disincentives to pursuing long-term training. (c) Prioritization \nIn order to provide the Civil and Foreign Service with the level of education and training needed to effectively advance United States interests across the globe, the Department of State should— (1) increase its offerings— (A) of virtual instruction to make training more accessible to personnel deployed throughout the world; or (B) at partner organizations to provide useful outside perspectives to Department personnel; (2) offer courses utilizing computer-based or assisted simulations, allowing civilian officers to lead decisionmaking in a crisis environment; and (3) consider increasing the duration and expanding the focus of certain training courses, including— (A) the A-100 orientation course for Foreign Service officers, and (B) the chief of mission course to more accurately reflect the significant responsibilities accompanying such role. (d) Other agency responsibilities \nOther national security agencies should increase the enrollment of their personnel in courses at the Foreign Service Institute and other Department of State training facilities to promote a whole-of-government approach to mitigating national security challenges.", "id": "H3B430E7AAB4E46ACBBB4F492995499E8", "header": "Importance of foreign affairs training to national security" }, { "text": "5109. Classification and assignment of Foreign Service officers \nThe Foreign Service Act of 1980 is amended— (1) in section 501 ( 22 U.S.C. 3981 ), by inserting If a position designated under this section is unfilled for more than 365 calendar days, such position may be filled, as appropriate, on a temporary basis, in accordance with section 309. after Positions designated under this section are excepted from the competitive service. ; and (2) in paragraph (2) of section 502(a) ( 22 U.S.C. 3982(a) ), by inserting , or domestically, in a position working on issues relating to a particular country or geographic area, after geographic area.", "id": "H7FD4891C07B040F2BB5E604583E1675A", "header": "Classification and assignment of Foreign Service officers" }, { "text": "5110. Reporting on implementation of GAO recommendations \n(a) Initial report \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that lists all of the Government Accountability Office’s recommendations relating to the Department that have not been fully implemented. (b) Implementation report \n(1) In general \nNot later than 120 days after the date of the submission of the Comptroller General’s report under subsection (b), the Secretary shall submit to the appropriate congressional committees a report that describes the implementation status of each recommendation from the Government Accountability Office included in the report submitted under subsection (a). (2) Justification \nThe report under paragraph (1) shall include— (A) a detailed justification for each decision not to fully implement a recommendation or to implement a recommendation in a different manner than specified by the Government Accountability Office; (B) a timeline for the full implementation of any recommendation the Secretary has decided to adopt, but has not yet fully implemented; and (C) an explanation for any discrepancies included in the Comptroller General report submitted under subsection (b). (c) Form \nThe information required in each report under this section shall be submitted in unclassified form, to the maximum extent practicable, but may be included in a classified annex to the extent necessary.", "id": "HA2D5FB65E4D248F5930502B329FBF656", "header": "Reporting on implementation of GAO recommendations" }, { "text": "5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments \n(a) In general \nSubsection (e) of section 7 of the Fishermen’s Protective Act of 1967 ( 22 U.S.C. 1977 ) is amended to read as follows: (e) Amounts \nPayments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts.. (b) Retroactive applicability \n(1) Effective date \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply as if the date specified in subsection (e) of section 7 of the Fishermen’s Protective Act of 1967, as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment. (2) Agreements and payments \nThe Secretary is authorized to— (A) enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 for any claims to which such section would otherwise apply but for the date specified in subsection (e) of such section, as in effect on the day before the date of the enactment of this Act; and (B) make payments in accordance with agreements entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act.", "id": "H8459EC237A6943C1AE96E75B3183917C", "header": "Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments" }, { "text": "5112. Art in embassies \n(a) In general \nNo funds are authorized to be appropriated for the purchase of any piece of art for the purposes of installation or display in any embassy, consulate, or other foreign mission of the United States if the purchase price of such piece of art is in excess of $37,500, unless such purchase is subject to prior consultation with, and the regular notification procedures of, the appropriate congressional committees. (b) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a report on the costs of the Art in Embassies Program for each of fiscal years 2016 through 2020. (c) Sunset \nThis section shall terminate on the date that is 2 years after the date of the enactment of this Act. (d) Definition \nIn this section, the term art includes paintings, sculptures, photographs, industrial design, and craft art.", "id": "H481169947D894AEC9BD1112DDD50B8A9", "header": "Art in embassies" }, { "text": "5113. International fairs and expositions \nThere is authorized to be appropriated $20,000,000 for the Department of State for United States participation in international fairs and expositions abroad, including for construction and the operation of United States pavilions or other major exhibits.", "id": "H66391FFE302E47F5A82843734805E98C", "header": "International fairs and expositions" }, { "text": "5114. Amendment or repeal of reporting requirements \n(a) Burma \n(1) In general \nSection 570 of Public Law 104–208 is amended— (A) by amending subsection (c) to read as follows: (c) Multilateral strategy \nThe President shall develop, in coordination with likeminded countries, a comprehensive, multilateral strategy to— (1) support democratic governance and inclusive and representative civilian government, including by supporting entities promoting democracy in Burma and denying legitimacy and resources to the military junta; (2) support organizations that represent the democratic aspirations of the people of Burma in the struggle against the military junta; (3) impose costs on the military junta; (4) secure the unconditional release of all political prisoners in Burma; (5) promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; (6) provide humanitarian assistance to internally displaced persons in Burma, particularly in areas targeted by the military junta, and in neighboring countries for refugees from Burma; (7) pursue accountability for atrocities, human rights violations, and crimes against humanity committed by the military junta or the Tatmadaw; and (8) counter corrosive malign influence of the People’s Republic of China and the Russian Federation in Burma. ; and (B) in subsection (d)— (i) in the matter preceding paragraph (1), by striking six months and inserting year ; and (ii) by striking paragraphs (1) through (3) and inserting the following new paragraphs: (1) progress towards inclusive, democratic governance in Burma; (2) improvements in human rights practices and accountability for atrocities, human rights violations, and crimes against humanity committed by the Tatmadaw, or military junta of Burma; (3) progress toward broad-based and inclusive economic growth; (4) progress toward genuine national reconciliation; (5) steps taken to impose costs on the military junta; (6) progress made in advancing the strategy referred to in subsection (c); and (7) actions by the People’s Republic of China or the Russian Federation that undermine the sovereignty, stability, or unity of Burma.. (2) Effective date \nThe amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 that is required after the date of the enactment of this Act. (b) Repeals \nThe following provisions of law are hereby repealed: (1) Subsection (b) of section 804 of Public Law 101–246. (2) Section 6 of Public Law 104–45. (3) Subsection (c) of section 702 of Public Law 96–465 ( 22 U.S.C. 4022 ). (4) Section 404 of the Arms Control and Disarmament Act ( 22 U.S.C. 2593b ). (5) Section 5 of Public Law 94–304 ( 22 U.S.C. 3005 ). (6) Subsection (b) of section 502 of the International Security and Development Cooperation Act of 1985 ( 22 U.S.C. 2349aa–7 ). (c) Report to Congress \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a report that includes each of the following: (1) A list of all reports described in subsection (d) required to be submitted by their respective agency. (2) For each such report, a citation to the provision of law under which the report is required to be submitted. (3) The reporting frequency of each such report. (4) The estimated cost of each report, to include personnel time costs. (d) Covered reports \nA report described in this subsection is a recurring report that is required to be submitted to Congress by the Department of State or the United States Agency for International Development, or by any officer, official, component, or element of each entity. (e) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and the Committees on Appropriations of the Senate and the House of Representatives.", "id": "H14EFA15F3ACA4BB2BC436010F0566A7D", "header": "Amendment or repeal of reporting requirements" }, { "text": "5201. Embassy security, construction, and maintenance \nFor Embassy Security, Construction, and Maintenance , there is authorized to be appropriated $1,983,149,000 for fiscal year 2022.", "id": "H1DF30CCA3BA840A391EA4CEB67CA161D", "header": "Embassy security, construction, and maintenance" }, { "text": "5202. Standard design in capital construction \n(a) Sense of Congress \nIt is the sense of Congress that the Department’s Bureau of Overseas Building Operations (OBO) or successor office should give appropriate consideration to standardization in construction, in which each new United States embassy and consulate starts with a standard design and keeps customization to a minimum. (b) Consultation \nThe Secretary shall carry out any new United States embassy compound or new consulate compound project that utilizes a non-standard design, including those projects that are in the design or pre-design phase as of the date of the enactment of this Act, only in consultation with the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives. The Secretary shall provide the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives, for each such project, the following documentation: (1) A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of such project if it were to use a standard design. (2) A comparison of the estimated completion date of such project to the estimated completion date of such project if it were to use a standard design. (3) A comparison of the security of the completed project to the security of such completed project if it were to use a standard design. (4) A justification for the Secretary’s selection of a non-standard design over a standard design for such project. (5) A written explanation if any of the documentation necessary to support the comparisons and justification, as the case may be, described in paragraphs (1) through (4) cannot be provided. (c) Sunset \nThe consultation requirement under subsection (b) shall expire on the date that is 4 years after the date of the enactment of this Act.", "id": "HB7BBF2FB4FE54A328C84742DBB8B0297", "header": "Standard design in capital construction" }, { "text": "5203. Capital construction transparency \n(a) In general \nSection 118 of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 304 ) is amended— (1) in the section heading , by striking Annual report on embassy construction costs and inserting Biannual report on overseas capital construction projects ; and (2) by striking subsections (a) and (b) and inserting the following new subsections: (a) In general \nNot later than 180 days after the date of the enactment of this subsection and every 180 days thereafter until the date that is 4 years after such date of enactment, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive report regarding all ongoing overseas capital construction projects and major embassy security upgrade projects. (b) Contents \nEach report required under subsection (a) shall include the following with respect to each ongoing overseas capital construction project and major embassy security upgrade project: (1) The initial cost estimate as specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations for Acts making appropriations for the Department of State, foreign operations, and related programs. (2) The current cost estimate. (3) The value of each request for equitable adjustment received by the Department to date. (4) The value of each certified claim received by the Department to date. (5) The value of any usage of the project’s contingency fund to date and the value of the remainder of the project’s contingency fund. (6) An enumerated list of each request for adjustment and certified claim that remains outstanding or unresolved. (7) An enumerated list of each request for equitable adjustment and certified claim that has been fully adjudicated or that the Department has settled, and the final dollar amount of each adjudication or settlement. (8) The date of estimated completion specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations not later than 45 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs. (9) The current date of estimated completion.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 ; 130 Stat. 1905) is amended by amending the item relating to section 118 to read as follows: Sec. 118. Biannual report on overseas capital construction projects..", "id": "H7FD4FCCF391F495AA04FC079C9D4F99E", "header": "Capital construction transparency" }, { "text": "5204. Contractor performance information \n(a) Deadline for completion \nThe Secretary shall complete all contractor performance evaluations outstanding as of the date of the enactment of this Act required by subpart 42.15 of the Federal Acquisition Regulation for those contractors engaged in construction of new embassy or new consulate compounds by April 1, 2022. (b) Prioritization system \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall develop a prioritization system for clearing the current backlog of required evaluations referred to in subsection (a). (2) Elements \nThe system required under paragraph (1) should prioritize the evaluations as follows: (A) Project completion evaluations should be prioritized over annual evaluations. (B) Evaluations for relatively large contracts should have priority. (C) Evaluations that would be particularly informative for the awarding of government contracts should have priority. (c) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the Department’s plan for completing all evaluations by April 1, 2022, in accordance with subsection (a) and the prioritization system developed pursuant to subsection (b). (d) Sense of Congress \nIt is the sense of Congress that— (1) contractors deciding whether to bid on Department contracts would benefit from greater understanding of the Department as a client; and (2) the Department should develop a forum where contractors can comment on the Department’s project management performance.", "id": "HD4E03E8E43FD4EB88B9960F56EF9FAC5", "header": "Contractor performance information" }, { "text": "5205. Growth projections for new embassies and consulates \n(a) In general \nFor each new United States embassy compound (NEC) and new consulate compound project (NCC) in or not yet in the design phase as of the date of the enactment of this Act, the Department shall project growth over the estimated life of the facility using all available and relevant data, including the following: (1) Relevant historical trends for Department personnel and personnel from other agencies represented at the NEC or NCC that is to be constructed. (2) An analysis of the tradeoffs between risk and the needs of United States Government policy conducted as part of the most recent Vital Presence Validation Process, if applicable. (3) Reasonable assumptions about the strategic importance of the NEC or NCC, as the case may be, over the life of the building at issue. (4) Any other data that would be helpful in projecting the future growth of NEC or NCC. (b) Other Federal agencies \nThe head of each Federal agency represented at a United States embassy or consulate shall provide to the Secretary, upon request, growth projections for the personnel of each such agency over the estimated life of each embassy or consulate, as the case may be. (c) Basis for estimates \nThe Department shall base its growth assumption for all NECs and NCCs on the estimates required under subsections (a) and (b). (d) Congressional notification \nAny congressional notification of site selection for a NEC or NCC submitted after the date of the enactment of this Act shall include the growth assumption used pursuant to subsection (c).", "id": "H07511A60DD2943349C259618C08C9C0F", "header": "Growth projections for new embassies and consulates" }, { "text": "5206. Long-range planning process \n(a) Plans required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for the next five years as the Secretary of State considers appropriate, the Secretary shall develop— (A) a comprehensive 6-year plan documenting the Department’s overseas building program for the replacement of overseas diplomatic posts taking into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety; and (B) a comprehensive 6-year plan detailing the Department’s long-term planning for the maintenance and sustainment of completed diplomatic posts, which takes into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety. (2) Initial report \nThe first plan developed pursuant to paragraph (1)(A) shall also include a one-time status report on existing small diplomatic posts and a strategy for establishing a physical diplomatic presence in countries in which there is no current physical diplomatic presence and with which the United States maintains diplomatic relations. Such report, which may include a classified annex, shall include the following: (A) A description of the extent to which each small diplomatic post furthers the national interest of the United States. (B) A description of how each small diplomatic post provides American Citizen Services, including data on specific services provided and the number of Americans receiving services over the previous year. (C) A description of whether each small diplomatic post meets current security requirements. (D) A description of the full financial cost of maintaining each small diplomatic post. (E) Input from the relevant chiefs of mission on any unique operational or policy value the small diplomatic post provides. (F) A recommendation of whether any small diplomatic posts should be closed. (3) Updated information \nThe annual updates of each of the plans developed pursuant to paragraph (1) shall highlight any changes from the previous year’s plan to the ordering of construction and maintenance projects. (b) Reporting requirements \n(1) Submission of plans to Congress \nNot later than 60 days after the completion of each plan required under subsection (a), the Secretary shall submit the plans to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives. (2) Reference in budget justification materials \nIn the budget justification materials submitted to the appropriate congressional committees in support of the Department’s budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the plans required under subsection (a) shall be referenced to justify funding requested for building and maintenance projects overseas. (3) Form of report \nEach report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Small diplomatic post defined \nIn this section, the term small diplomatic post means any United States embassy or consulate that has employed five or fewer United States Government employees or contractors on average over the 36 months prior to the date of the enactment of this Act.", "id": "HF4E3F9052B9740AFB7CBA64786FD2882", "header": "Long-range planning process" }, { "text": "5207. Value engineering and risk assessment \n(a) Findings \nCongress makes the following findings: (1) Federal departments and agencies are required to use value engineering (VE) as a management tool, where appropriate, to reduce program and acquisition costs pursuant to OMB Circular A–131, Value Engineering, dated December 31, 2013. (2) OBO has a Policy Directive and Standard Operation Procedure, dated May 24, 2017, on conducting risk management studies on all international construction projects. (b) Notification requirements \n(1) Submission to authorizing committees \nAny notification that includes the allocation of capital construction and maintenance funds shall be submitted to the appropriate congressional committees. (2) Requirement to confirm completion of value engineering and risk assessment studies \nThe notifications required under paragraph (1) shall include confirmation that the Department has completed the requisite VE and risk management process described in subsection (a), or applicable successor process. (c) Reporting and briefing requirements \nThe Secretary shall provide to the appropriate congressional committees upon request— (1) a description of each risk management study referred to in subsection (a)(2) and a table detailing which recommendations related to each such study were accepted and which were rejected; and (2) a report or briefing detailing the rationale for not implementing any such recommendations that may otherwise yield significant cost savings to the Department if implemented.", "id": "H2C30B4D68EF1489A8F4D2252628EA26E", "header": "Value engineering and risk assessment" }, { "text": "5208. Business volume \nSection 402(c)(2)(E) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4852(c)(2)(E) ) is amended by striking in 3 years and inserting cumulatively over 3 years.", "id": "H4664F9CE409948A8BA9DD997F2A99359", "header": "Business volume" }, { "text": "5209. Embassy security requests and deficiencies \nThe Secretary of State shall provide to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate upon request information on physical security deficiencies at United States diplomatic posts, including relating to the following: (1) Requests made over the previous year by United States diplomatic posts for security upgrades. (2) Significant security deficiencies at United States diplomatic posts that are not operating out of a new embassy compound or new consulate compound.", "id": "H2143664411664DB2987E6AE160CD8499", "header": "Embassy security requests and deficiencies" }, { "text": "5210. Overseas security briefings \nNot later than one year after the date of the enactment of this Act, the Secretary of State shall revise the Foreign Affairs Manual to stipulate that information on the current threat environment shall be provided to all United States Government employees under chief of mission authority traveling to a foreign country on official business. To the extent practicable, such material shall be provided to such employees prior to their arrival at a United States diplomatic post or as soon as possible thereafter.", "id": "HFBEBB3EF853C46BF8CA5F63634D0EEC8", "header": "Overseas security briefings" }, { "text": "5211. Contracting methods in capital construction \n(a) Delivery \nUnless the Secretary of State notifies the appropriate congressional committees that the use of the design-build project delivery method would not be appropriate, the Secretary shall make use of such method at United States diplomatic posts that have not yet received design or capital construction contracts as of the date of the enactment of this Act. (b) Notification \nBefore executing a contract for a delivery method other than design-build in accordance with subsection (a), the Secretary of State shall notify the appropriate congressional committees in writing of the decision, including the reasons therefor. The notification required by this subsection may be included in any other report regarding a new United States diplomatic post that is required to be submitted to the appropriate congressional committees. (c) Performance evaluation \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall report to the appropriate congressional committees regarding performance evaluation measures in accordance with GAO’s Standards for Internal Control in the Federal Government that will be applicable to design and construction, lifecycle cost, and building maintenance programs of the Bureau of Overseas Building Operations of the Department.", "id": "H4A49EC4643654B25A7A831C3A64D04DD", "header": "Contracting methods in capital construction" }, { "text": "5212. Competition in embassy construction \nNot later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committee and the Committees on Appropriations of the Senate and the House of Representatives a report detailing steps the Department of State is taking to expand the embassy construction contractor base in order to increase competition and maximize value.", "id": "H22B4DFB6CAE34BA3BAC95DCC450C9D07", "header": "Competition in embassy construction" }, { "text": "5213. Statement of policy \nIt is the policy of the United States that the Bureau of Overseas Building Operations of the Department or its successor office shall continue to balance functionality and security with accessibility, as defined by guidelines established by the United States Access Board in constructing embassies and consulates, and shall ensure compliance with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq. ) to the fullest extent possible.", "id": "H8F195C97321A450E99376327D8E1E4A5", "header": "Statement of policy" }, { "text": "5214. Definitions \nIn this title: (1) Design-build \nThe term design-build means a method of project delivery in which one entity works under a single contract with the Department to provide design and construction services. (2) Non-standard design \nThe term non-standard design means a design for a new embassy compound project or new consulate compound project that does not utilize a standardized design for the structural, spatial, or security requirements of such embassy compound or consulate compound, as the case may be.", "id": "HB507A3BEFDE94872B3FEA4B58105E397", "header": "Definitions" }, { "text": "5301. Defense Base Act insurance waivers \n(a) Application for waivers \nNot later than 30 days after the date of the enactment of this Act, the Secretary shall apply to the Department of Labor for a waiver from insurance requirements under the Defense Base Act ( 42 U.S.C. 1651 et seq. ) for all countries with respect to which the requirement was waived prior to January 2017, and for which there is not currently a waiver. (b) Certification requirement \nNot later than 45 days after the date of the enactment of this Act, the Secretary shall certify to the appropriate congressional committees that the requirement in subsection (a) has been met.", "id": "H5D246D1C14C2453C8026330009746A8E", "header": "Defense Base Act insurance waivers" }, { "text": "5302. Study on Foreign Service allowances \n(a) Report required \n(1) In general \nNot later than one year after date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report detailing an empirical analysis on the effect of overseas allowances on the foreign assignment of Foreign Service officers (FSOs), to be conducted by a federally-funded research and development center with appropriate expertise in labor economics and military compensation. (2) Contents \nThe analysis required under paragraph (1) shall— (A) identify all allowances paid to FSOs assigned permanently or on temporary duty to foreign areas; (B) examine the efficiency of the Foreign Service bidding system in determining foreign assignments; (C) examine the factors that incentivize FSOs to bid on particular assignments, including danger levels and hardship conditions; (D) examine the Department’s strategy and process for incentivizing FSOs to bid on assignments that are historically in lower demand, including with monetary compensation, and whether monetary compensation is necessary for assignments in higher demand; (E) make any relevant comparisons to military compensation and allowances, noting which allowances are shared or based on the same regulations; (F) recommend options for restructuring allowances to improve the efficiency of the assignments system and better align FSO incentives with the needs of the Foreign Service, including any cost savings associated with such restructuring; (G) recommend any statutory changes necessary to implement subparagraph (F), such as consolidating existing legal authorities for the provision of hardship and danger pay; and (H) detail any effects of recommendations made pursuant to subparagraphs (F) and (G) on other United States Government departments and agencies with civilian employees permanently assigned or on temporary duty in foreign areas, following consultation with such departments and agencies. (b) Briefing requirement \nBefore initiating the analysis required under subsection (a)(1), and not later than 60 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on the implementation of this section that includes the following: (1) The name of the federally funded research and development center that will conduct such analysis. (2) The scope of such analysis and terms of reference for such analysis as specified between the Department and such federally funded research and development center. (c) Availability of information \n(1) In general \nThe Secretary shall make available to the federally-funded research and development center carrying out the analysis required under subsection (a)(1) all necessary and relevant information to allow such center to conduct such analysis in a quantitative and analytical manner, including historical data on the number of bids for each foreign assignment and any survey data collected by the Department from eligible bidders on their bid decision-making. (2) Cooperation \nThe Secretary shall work with the heads of other relevant United States Government departments and agencies to ensure such departments and agencies provide all necessary and relevant information to the federally-funded research and development center carrying out the analysis required under subsection (a)(1). (d) Interim report to Congress \nThe Secretary shall require that the chief executive officer of the federally-funded research and development center that carries out the analysis required under subsection (a)(1) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an interim report on such analysis not later than 180 days after the date of the enactment of this Act.", "id": "H5604EFEA543845FDA38E47D4E5F4D25B", "header": "Study on Foreign Service allowances" }, { "text": "5303. Science and technology fellowships \nSection 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d ) is amended by adding at the end the following new subsection: (e) Grants and cooperative agreements related to science and technology fellowship programs \n(1) In general \nThe Secretary is authorized to make grants or enter into cooperative agreements related to Department of State science and technology fellowship programs, including for assistance in recruiting fellows and the payment of stipends, travel, and other appropriate expenses to fellows. (2) Exclusion from consideration as compensation \nStipends under paragraph (1) shall not be considered compensation for purposes of section 209 of title 18, United States Code. (3) Maximum annual amount \nThe total amount of grants made pursuant to this subsection may not exceed $500,000 in any fiscal year..", "id": "HEDE5E71AE538460D9373D850699C08CF", "header": "Science and technology fellowships" }, { "text": "5304. Travel for separated families \nSection 901(15) of the Foreign Service Act of 1980 ( 22 U.S.C. 4081(15) ) is amended— (1) in the matter preceding subparagraph (A), by striking 1 round-trip per year for each child below age 21 of a member of the Service assigned abroad and inserting in the case of one or more children below age 21 of a member of the Service assigned abroad, 1 round-trip per year ; (2) in subparagraph (A)— (A) by inserting for each child before to visit the member abroad ; and (B) by striking ; or and inserting a comma; (3) in subparagraph (B)— (A) by inserting for each child before to visit the other parent ; and (B) by inserting or after resides, ; (4) by inserting after subparagraph (B) the following new subparagraph: (C) for one of the child’s parents to visit the child or children abroad if the child or children do not regularly reside with that parent and that parent is not receiving an education allowance or educational travel allowance for the child or children under section 5924(4) of title 5, United States Code, ; and (5) in the matter following subparagraph (C), as added by paragraph (4) of this section, by striking a payment and inserting the cost of round-trip travel.", "id": "H5457CC3AF6774018BE91135EAAD200AC", "header": "Travel for separated families" }, { "text": "5305. Home leave travel for separated families \nSection 903(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4083(b) ) is amended by adding at the end the following new sentence: In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member’s family members reside, notwithstanding section 10305 of title 5, United States Code..", "id": "H2DD4F4917F68498BBAEF62B33187BCD0", "header": "Home leave travel for separated families" }, { "text": "5306. Sense of Congress regarding certain fellowship programs \nIt is the sense of Congress that Department fellowships that promote the employment of candidates belonging to under-represented groups, including the Charles B. Rangel International Affairs Graduate Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program, represent smart investments vital for building a strong, capable, and representative national security workforce.", "id": "H2C96970AD5EE49EEB53506F430628C0C", "header": "Sense of Congress regarding certain fellowship programs" }, { "text": "5307. Technical correction \nSubparagraph (A) of section 601(c)(6) of the Foreign Service Act of 1980 ( 22 U.S.C. 4001(c)(6) ) is amended, in the matter preceding clause (i), by— (1) striking promotion and inserting promotion, on or after January 1, 2017, ; and (2) striking individual joining the Service on or after January 1, 2017, and inserting Foreign Service officer, appointed under section 302(a)(1), who has general responsibility for carrying out the functions of the Service.", "id": "H8F59A9D5A75C47FFA30ED5767944A517", "header": "Technical correction" }, { "text": "5308. Foreign Service awards \n(a) In general \nSection 614 of the Foreign Service Act of 1980 ( 22 U.S.C. 4013 ) is amended— (1) by amending the section heading to read as follows: Department Awards ; and (2) in the first sentence, by inserting or Civil Service after the Service. (b) Conforming amendment \nThe item relating to section 614 in the table of contents of the Foreign Service Act of 1980 is amended to read as follows: Sec. 614. Department awards..", "id": "H0DA7241795BF437F8E91E01BA89CE7AD", "header": "Foreign Service awards" }, { "text": "5309. Workforce actions \n(a) Sense of Congress on workforce recruitment \nIt is the sense of Congress that the Secretary should continue to hold entry-level classes for Foreign Service officers and specialists and continue to recruit civil servants through programs such as the Presidential Management Fellows Program and Pathways Internship Programs in a manner and at a frequency consistent with prior years and consistent with the need to maintain a pool of experienced personnel effectively distributed across skill codes and ranks. It is further the sense of Congress that absent continuous recruitment and training of Foreign Service officers and civil servants, the Department will lack experienced, qualified personnel in the short, medium, and long terms. (b) Limitation \nThe Secretary should not implement any reduction-in-force action under section 3502 or 3595 of title 5, United States Code, or for any incentive payments for early separation or retirement under any other provision of law unless— (1) the appropriate congressional committees are notified not less than 15 days in advance of such obligation or expenditure; and (2) the Secretary has provided to the appropriate congressional committees a detailed report that describes the Department’s strategic staffing goals, including— (A) a justification that describes how any proposed workforce reduction enhances the effectiveness of the Department; (B) a certification that such workforce reduction is in the national interest of the United States; (C) a comprehensive strategic staffing plan for the Department, including 5-year workforce forecasting and a description of the anticipated impact of any proposed workforce reduction; and (D) a dataset displaying comprehensive workforce data for all current and planned employees of the Department, disaggregated by— (i) Foreign Service officer and Foreign Service specialist rank; (ii) civil service job skill code, grade level, and bureau of assignment; (iii) contracted employees, including the equivalent job skill code and bureau of assignment; and (iv) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including their equivalent grade and job skill code and bureau of assignment.", "id": "HD2DBA1116EE34A8B9047607468B9BC4C", "header": "Workforce actions" }, { "text": "5310. Sense of Congress regarding veterans employment at the Department of State \nIt is the sense of Congress that— (1) the Department should continue to promote the employment of veterans, in accordance with section 301 of the Foreign Service Act of 1980 ( 22 U.S.C. 3941 ), as amended by section 10406 of this Act, including those veterans belonging to traditionally underrepresented groups at the Department; (2) veterans employed by the Department have made significant contributions to United States foreign policy in a variety of regional and global affairs bureaus and diplomatic posts overseas; and (3) the Department should continue to encourage veteran employment and facilitate their participation in the workforce.", "id": "HBF356FE439D448F9AE6EB5B634485619", "header": "Sense of Congress regarding veterans employment at the Department of State" }, { "text": "5311. Employee assignment restrictions and preclusions \n(a) Sense of Congress \nIt is the sense of Congress that the Department should expand the appeal process it makes available to employees related to assignment preclusions and restrictions. (b) Appeal of assignment restriction or preclusion \nSubsection (a) of section 414 of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 2734c(a) ) is amended by adding at the end the following new sentences: Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.. (c) Notice and certification \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall revise, and certify to the appropriate congressional committees regarding such revision, the Foreign Affairs Manual guidance regarding denial or revocation of a security clearance to expressly state that all review and appeal rights relating thereto shall also apply to any recommendation or decision to impose an assignment restriction or preclusion to an employee. (d) Annual report \nNot later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that contains the following: (1) A rationale for the use of assignment restrictions by the Department of State, including specific case studies related to cleared United States Foreign Service and civil service employees of the Department that demonstrate country-specific restrictions serve a counterintelligence role beyond that which is already covered by the security clearance process. (2) The number of such Department employees subject to assignment restrictions over the previous year, with data disaggregated by— (A) identification as a Foreign Service officer, civil service employee, eligible family member, or other employment status; (B) the ethnicity, national origin, and race of the precluded employee; (C) gender; and (D) the country of restriction. (3) A description of the considerations and criteria used by the Bureau of Diplomatic Security to determine whether an assignment restriction is warranted. (4) The number of restrictions that were appealed and the success rate of such appeals. (5) The impact of assignment restrictions in terms of unused language skills as measured by Foreign Service Institute language scores of such precluded employees. (6) Measures taken to ensure the diversity of adjudicators and contracted investigators, with accompanying data on results.", "id": "H1A0B39BC57FC459FBFFC244EB08DE841", "header": "Employee assignment restrictions and preclusions" }, { "text": "5312. Recall and reemployment of career members \n(a) Sense of Congress \nIt is the sense of Congress that— (1) career Department employees provide invaluable service to the United States as nonpartisan professionals who contribute subject matter expertise and professional skills to the successful development and execution of United States foreign policy; and (2) reemployment of skilled former members of the Foreign and civil service who have voluntarily separated from the Foreign or civil service due to family reasons or to obtain professional skills outside government is of benefit to the Department. (b) Notice of employment opportunities \nTitle 5, United States Code, is amended by inserting after chapter 102 the following new chapter: 103 Department of State \nSec. 10301. Notice of employment opportunities for Department of State and USAID positions. 10302. Consulting services for the Department of State. 10301. Notice of employment opportunities for Department of State and USAID positions \nTo ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.. (c) Clerical amendment \nThe table of chapters at the beginning of title 5, United States Code, is amended by inserting after the item relating to chapter 102 the following: 103. Department of State 10301..", "id": "H632E01214D904ED088FC92AEC1ACE3B0", "header": "Recall and reemployment of career members" }, { "text": "10301. Notice of employment opportunities for Department of State and USAID positions \nTo ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.", "id": "H5C7BD66004BD45A4AC19F3C6E9AE287D", "header": "Notice of employment opportunities for Department of State and USAID positions" }, { "text": "5313. Strategic staffing plan for the Department of State \n(a) In general \nNot later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive 5-year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after the date of the enactment of this Act, which shall include the following: (1) A dataset displaying comprehensive workforce data, including all shortages in bureaus described in GAO report GAO–19–220, for all current and planned employees of the Department, disaggregated by— (A) Foreign Service officer and Foreign Service specialist rank; (B) civil service job skill code, grade level, and bureau of assignment; (C) contracted employees, including the equivalent job skill code and bureau of assignment; (D) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including the equivalent grade and job skill code and bureau of assignment of such employee; and (E) overseas region. (2) Recommendations on the number of Foreign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such recommendations. (3) Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations. (b) Maintenance \nThe dataset required under subsection (a)(1) shall be maintained and updated on a regular basis. (c) Consultation \nThe Secretary shall lead the development of the plan required under subsection (a) but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations familiar with the demands and needs of the Department’s workforce. (d) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such shortages on national security objectives, and the Department’s plan to implement recommendations described in GAO–19–220.", "id": "H519AEEA8C3674D0696820A2E1077E252", "header": "Strategic staffing plan for the Department of State" }, { "text": "5314. Consulting services \n(a) In general \nChapter 103 of title 5, United States Code, as added by section 10312, is amended by adding at the end the following: 10302. Consulting services for the Department of State \nAny consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.. (b) Clerical amendment \nThe table of sections for chapter 103 of title 5, United States Code, as added by section 10312(b) of this Act, is amended by adding after the item relating to section 10301 of title 5, United States Code, the following new item: 10302. Consulting services for the Department of State..", "id": "H77D21D765408408085291C60950CE82A", "header": "Consulting services" }, { "text": "10302. Consulting services for the Department of State \nAny consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.", "id": "H2997DB1EF3FC44019F88206DEED476E5", "header": "Consulting services for the Department of State" }, { "text": "5315. Incentives for critical posts \nSection 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) is amended by striking the last sentence.", "id": "HA55E6E0B3C894BC6B6BEA66AFA95829E", "header": "Incentives for critical posts" }, { "text": "5316. Extension of authority for certain accountability review boards \nSection 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) is amended— (1) in the heading, by striking Afghanistan and and inserting Afghanistan, Yemen, Syria, and ; and (2) in subparagraph (A)— (A) in clause (i), by striking Afghanistan or and inserting Afghanistan, Yemen, Syria, or ; and (B) in clause (ii), by striking beginning on October 1, 2005, and ending on September 30, 2009 and inserting beginning on October 1, 2020, and ending on September 30, 2022.", "id": "HF299AD729D5941EA9DFD0B885B830E56", "header": "Extension of authority for certain accountability review boards" }, { "text": "5317. Foreign Service suspension without pay \nSubsection (c) of section 610 of the Foreign Service Act of 1980 ( 22 U.S.C. 4010 ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking suspend and inserting indefinitely suspend without duties ; (2) by redesignating paragraph (5) as paragraph (7); (3) by inserting after paragraph (4) the following new paragraphs: (5) For each member of the Service suspended under paragraph (1)(A) whose security clearance remains suspended for more than one calendar year, not later than 30 days after the end of such calendar year, the Secretary of State shall report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing regarding the specific reasons relating to the duration of each such suspension. (6) Any member of the Service suspended under paragraph (1)(B) may be suspended without pay only after a final written decision is provided to such member pursuant to paragraph (2). ; and (4) in paragraph (7), as so redesignated— (A) by striking this subsection and all that follows through The term in subparagraph (A) and inserting this subsection, the term ; (B) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the left; and (C) by striking subparagraph (B) (relating to the definition of suspend and suspension ).", "id": "H188C8D90868840DB8B3B0B617C9F96E8", "header": "Foreign Service suspension without pay" }, { "text": "5318. Foreign Affairs Manual and Foreign Affairs Handbook changes \n(a) Applicability \nThe Foreign Affairs Manual and the Foreign Affairs Handbook apply with equal force and effect and without exception to all Department of State personnel, including the Secretary of State, Department employees, and political appointees, regardless of an individual’s status as a Foreign Service officer, Civil Service employee, or political appointee hired under any legal authority. (b) Certification \nNot later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a certification in unclassified form that the applicability described in subsection (a) has been communicated to all Department personnel, including the personnel referred to in such subsection. (c) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report detailing all significant changes made to the Foreign Affairs Manual or the Foreign Affairs Handbook. (2) Covered periods \nThe first report required under paragraph (1) shall cover the 5-year period preceding the submission of such report. Each subsequent report shall cover the 180-day period preceding submission. (3) Contents \nEach report required under paragraph (1) shall contain the following: (A) The location within the Foreign Affairs Manual or the Foreign Affairs Handbook where a change has been made. (B) The statutory basis for each such change, as applicable. (C) A side-by-side comparison of the Foreign Affairs Manual or Foreign Affairs Handbook before and after such change. (D) A summary of such changes displayed in spreadsheet form.", "id": "HC09694E5E9FD4360864A64132070A462", "header": "Foreign Affairs Manual and Foreign Affairs Handbook changes" }, { "text": "5319. Waiver authority for individual occupational requirements of certain positions \nThe Secretary of State may waive any or all of the individual occupational requirements with respect to an employee or prospective employee of the Department of State for a civilian position categorized under the GS–0130 occupational series if the Secretary determines that the individual possesses significant scientific, technological, engineering, or mathematical expertise that is integral to performing the duties of the applicable position, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document that is transmitted to the Director of the Office of Personnel Management the rationale for the decision of the Secretary to waive such requirements.", "id": "HB62A9219A103408596E266112BB7E7FA", "header": "Waiver authority for individual occupational requirements of certain positions" }, { "text": "5320. Appointment of employees to the Global Engagement Center \nThe Secretary may appoint, for a 3-year period that may be extended for up to an additional 2 years, solely to carry out the functions of the Global Engagement Center, employees of the Department without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, and may fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title.", "id": "H9937CD5C7DBE4B549BB51153F8C4CA4A", "header": "Appointment of employees to the Global Engagement Center" }, { "text": "5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission \nSubparagraph (A) of section 8L(d)(5)(A) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking a lead Inspector General for and inserting any of the Inspectors General specified in subsection (c) for oversight of.", "id": "H8030CA3743A34DD5A7A05F04B6590443", "header": "Competitive status for certain employees hired by Inspectors General to support the lead IG mission" }, { "text": "5322. Report relating to Foreign Service Officer training and development \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report on fellowships or details for Department of State Foreign Service generalists at— (1) the Department of Defense; (2) United States intelligence agencies; and (3) congressional offices or committees. (b) Elements \nThe report required by subsection (a) shall include the following elements: (1) The number of Senior Foreign Service Officer generalists who, as of the date of the enactment of this Act, have done a tour of at least one year in any of the agencies or congressional committees described in subsection (a). (2) The total number of senior Foreign Service Officer generalists as of the date of the enactment of this Act. (3) The average number of Senior Foreign Service Officer generalists inducted annually during the 10 years preceding the date of the enactment of this Act. (4) The total number of Department advisors stationed in any of the agencies or congressional offices described in subsection (a), including the agencies or offices in which such advisors serve. (5) The total number of advisors from other United States Government agencies stationed in the Department of State (excluding defense attaches, senior defense officials, and other Department of Defense personnel stationed in United States missions abroad), the home agency of the advisor, and the offices in which such advisors serve. (c) Educational exclusion \nFor the purposes of the report required under subsection (a), educational programs shall not be included.", "id": "HE1AB84C2C4CA4E70B7E904ECDD879D54", "header": "Report relating to Foreign Service Officer training and development" }, { "text": "5323. Cooperation with Office of the Inspector General \n(a) Administrative discipline \nNot later than 30 days after the date of the enactment of this Act, the Secretary of State shall make explicit in writing to all Department of State personnel, including the Secretary of State, Department employees, contractors, and political appointees, and shall consider updating the Foreign Affairs Manual and the Foreign Affairs Handbook to explicitly specify, that if any of such personnel does not comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General of the Department, such personnel may be subject to appropriate administrative discipline including, when circumstances warrant, suspension without pay or removal. (b) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act and on a quarterly basis thereafter, the Office of the Inspector General of the Department of State and the United States Agency for Global Media shall submit to the appropriate congressional committees and the Secretary of State a report in unclassified form detailing the following: (A) The number of individuals who have failed to comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General pertaining to a noncriminal matter. (B) The date on which such requests were initially made. (C) Any extension of time that was voluntarily granted to such individual by the Office of the Inspector General. (D) The general subject matters regarding which the Office of the Inspector General has requested of such individuals. (2) Form \nAdditional information pertaining solely to the subject matter of a request described in paragraph (1) may be provided in a supplemental classified annex, if necessary, but all other information required by the reports required under such paragraph shall be provided in unclassified form.", "id": "HCB570C75FE534DD6923BC7909EDB3AD0", "header": "Cooperation with Office of the Inspector General" }, { "text": "5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act \nNot later than March 31, 2022, and annually thereafter, the Director of the Office of Overseas Schools of the Department of State shall maintain and update a list of overseas schools receiving assistance from the Office and detailing the extent to which each such school provides special education and related services to children with disabilities in accordance with part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ). Each list required under this section shall be posted on the public website of the Office for access by members of the Foreign Service, the Senior Foreign Service, and their eligible family members.", "id": "HC88C4EF0880F4D5FAC9E16D6ABDF8BFB", "header": "Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act" }, { "text": "5325. Implementation of gap memorandum in selection board process \n(a) In general \nSection 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ) is amended by adding at the end the following new subsection: (c) (1) A member of the Service or member of the Senior Foreign Service whose performance will be evaluated by a selection board may submit to such selection board a gap memo in advance of such evaluation. (2) Members of a selection board may not consider as negative the submission of a gap memo by a member described in paragraph (1) when evaluating the performance of such member. (3) In this subsection, the term gap memo means a written record, submitted to a selection board in a standard format established by the Director General of the Foreign Service, which indicates and explains a gap in the record of a member of the Service or member of the Senior Foreign Service whose performance will be evaluated by such selection board, which gap is due to personal circumstances, including for health, family, or other reason as determined by the Director General in consultation with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.. (b) Consultation and guidance \n(1) Consultation \nNot later than 30 days after the date of the enactment of this Act, the Director General of the Foreign Service shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development of the gap memo under subsection (c) of section 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ), as added by subsection (a) of this section. (2) Definition \nIn this subsection, the term gap memo has the meaning given such term in subsection (c) of section 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ), as added by subsection (a) of this section.", "id": "HCC490D2622AF478FBDCB0C44ED46F22B", "header": "Implementation of gap memorandum in selection board process" }, { "text": "5401. Definitions \nIn this title: (1) Applicant flow data \nThe term applicant flow data means data that tracks the rate of applications for job positions among demographic categories. (2) Demographic data \nThe term demographic data means facts or statistics relating to the demographic categories specified in the Office of Management and Budget statistical policy directive entitled Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (81 Fed. Reg. 67398). (3) Diversity \nThe term diversity means those classes of persons protected under the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (4) Workforce \nThe term workforce means— (A) individuals serving in a position in the civil service (as defined in section 2101 of title 5, United States Code); (B) individuals who are members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3902 )); (C) all individuals serving under a personal services contract; (D) all individuals serving under a Foreign Service Limited appointment under section 309 of the Foreign Service Act of 1980; or (E) individuals other than Locally Employed Staff working in the Department of State under any other authority.", "id": "HA0C68AB3F9024E808993D36D83FA32A3", "header": "Definitions" }, { "text": "5402. Exit interviews for workforce \n(a) Retained members \nThe Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall conduct periodic interviews with a representative and diverse cross-section of the workforce of the Department— (1) to understand the reasons of individuals in such workforce for remaining in a position in the Department; and (2) to receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of individuals in the workforce to remain in the Department. (b) Departing members \nThe Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall provide an opportunity for an exit interview to each individual in the workforce of the Department who separates from service with the Department to better understand the reasons of such individual for leaving such service. (c) Use of analysis from interviews \nThe Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall analyze demographic data and other information obtained through interviews under subsections (a) and (b) to determine to what extent, if any, the diversity of those participating in such interviews impacts the results. (d) Tracking data \nThe Department shall— (1) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; (2) annually evaluate such data— (A) to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and (B) to understand the extent to which participation in any professional development program offered or sponsored by the Department differs among the demographic categories of the workforce; and (3) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation, in such professional development programs.", "id": "H4946F56201C44F8F82F6A0BC0DF45473", "header": "Exit interviews for workforce" }, { "text": "5403. Recruitment and retention \n(a) In general \nThe Secretary shall— (1) continue to seek a diverse and talented pool of applicants; and (2) instruct the Director General of the Foreign Service and the Director of the Bureau of Human Resources of the Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-represented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations. (b) Scope \nThe diversity recruitment initiatives described in subsection (a) shall include— (1) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (2) placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups; (3) sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities; (4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; (5) expanding the use of paid internships; and (6) cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals. (c) Expand training on anti-harassment and anti-discrimination \n(1) In general \nThe Secretary shall, through the Foreign Service Institute and other educational and training opportunities— (A) ensure the provision to all individuals in the workforce of training on anti-harassment and anti-discrimination information and policies, including in existing Foreign Service Institute courses or modules prioritized in the Department’s Diversity and Inclusion Strategic Plan for 2016–2020 to promote diversity in Bureau awards or mitigate unconscious bias; (B) expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies, including policies relating to sexual assault prevention and response; and (C) make such expanded training mandatory for— (i) individuals in senior and supervisory positions; (ii) individuals having responsibilities related to recruitment, retention, or promotion of employees; and (iii) any other individual determined by the Department who needs such training based on analysis by the Department or OPM analysis. (2) Best practices \nThe Department shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection.", "id": "H1288D7D1E40E4F84BBAB480C6AD1005C", "header": "Recruitment and retention" }, { "text": "5404. Leadership engagement and accountability \n(a) Reward and recognize efforts to promote diversity and inclusion \n(1) In general \nThe Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the Department in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. (2) Outreach events \nThe Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups. (b) External advisory committees and boards \nFor each external advisory committee or board to which individuals in senior positions in the Department appoint members, the Secretary is strongly encouraged by Congress to ensure such external advisory committee or board is developed, reviewed, and carried out by qualified teams that represent the diversity of the organization.", "id": "H91B823DC72B54C8CADD4886405118509", "header": "Leadership engagement and accountability" }, { "text": "5405. Professional development opportunities and tools \n(a) Expand provision of professional development and career advancement opportunities \n(1) In general \nThe Secretary is authorized to expand professional development opportunities that support the mission needs of the Department, such as— (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in— (i) private or international organizations; (ii) State, local, and Tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. (2) Training for senior positions \n(A) In general \nThe Secretary shall offer, or sponsor members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for appointment to senior positions in the Department. (B) Requirements \nIn determining which members of the workforce are granted professional development or career advancement opportunities under subparagraph (A), the Secretary shall— (i) ensure any program offered or sponsored by the Department under such subparagraph comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements; (ii) consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs; (iii) understand how participation in any program offered or sponsored by the Department under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and (iv) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.", "id": "HD3B01B8D6FE44639B8DDB048B7000625", "header": "Professional development opportunities and tools" }, { "text": "5406. Examination and oral assessment for the Foreign Service \n(a) Sense of Congress \nIt is the sense of Congress that the Department should offer both the Foreign Service written examination and oral assessment in more locations throughout the United States. Doing so would ease the financial burden on potential candidates who do not currently reside in and must travel at their own expense to one of the few locations where these assessments are offered. (b) Foreign Service examinations \nSection 301(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3941 ) is amended— (1) by striking The Secretary and inserting: (1) The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating basis, located in at least three different time zones across the United States..", "id": "HED3207101B254591AC8635E8866C6412", "header": "Examination and oral assessment for the Foreign Service" }, { "text": "5407. Payne fellowship authorization \n(a) In general \nUndergraduate and graduate components of the Donald M. Payne International Development Fellowship Program may conduct outreach to attract outstanding students with an interest in pursuing a Foreign Service career who represent diverse ethnic and socioeconomic backgrounds. (b) Review of past programs \nThe Secretary shall review past programs designed to increase minority representation in international affairs positions.", "id": "H25F2D1DE6FF742978DBC1D527CE14841", "header": "Payne fellowship authorization" }, { "text": "5408. Voluntary participation \n(a) In general \nNothing in this title should be construed so as to compel any employee to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data collection contemplated by this title is voluntary. (b) Privacy protection \nAny data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.", "id": "H361B930568E5478D8B138EF77726C7D5", "header": "Voluntary participation" }, { "text": "5501. Definitions \nIn this title: (1) Intelligence community \nThe term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (2) Relevant congressional committees \nThe term relevant congressional committees means— (A) the appropriate congressional committees; (B) the Select Committee on Intelligence of the Senate; and (C) the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "H35F3A02AEEF4491B8099D38D6B61055A", "header": "Definitions" }, { "text": "5502. List of certain telecommunications providers \n(a) List of covered contractors \nNot later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence and other appropriate Federal agencies as determined jointly by the Secretary and the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the Department should seek to avoid entering into contracts. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list. (b) Covered contractor defined \nIn this section, the term covered contractor means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against— (1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or (2) individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights.", "id": "H856B9F41E8AD46E794C8C10A726E5BE5", "header": "List of certain telecommunications providers" }, { "text": "5503. Preserving records of electronic communications \n(a) Sense of Congress \nIt is the sense of Congress that all officers and employees of the Department and the United States Agency for International Development are obligated under chapter 31 of title 44, United States Code (popularly referred to as the Federal Records Act of 1950), to create and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions or operations of the Department and United States embassies, consulates, and missions abroad, including records of official communications with foreign government officials or other foreign entities. (b) Certification \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a certification in unclassified form that the Secretary has communicated to all Department personnel, including the Secretary of State and all political appointees, that such personnel are obligated under chapter 31 of title 44, United States Code, to treat electronic messaging systems, software, and applications as equivalent to electronic mail for the purpose of identifying Federal records.", "id": "H09D702B27DA447A3870722A7BC2E0193", "header": "Preserving records of electronic communications" }, { "text": "5504. Foreign Relations of the United States (FRUS) series and declassification \nThe State Department Basic Authorities Act of 1956 is amended— (1) in section 402(a)(2) ( 22 U.S.C. 4352(a)(2) ), by striking 26 and inserting 20 ; and (2) in section 404(a)(1) ( 22 U.S.C. 4354(a)(1) , by striking 30 and inserting 25.", "id": "H17A3467C48314F7BB7DDFCF9D0ADDFA2", "header": "Foreign Relations of the United States (FRUS) series and declassification" }, { "text": "5601. Short title \nThis title may be cited as the Public Diplomacy Modernization Act of 2021.", "id": "H86BBB9AA2DEC461290B6C89AEF11A3A0", "header": "Short title" }, { "text": "5602. Avoiding duplication of programs and efforts \nThe Secretary shall— (1) identify opportunities for greater efficiency of operations, including through improved coordination of efforts across public diplomacy bureaus and offices of the Department; and (2) maximize shared use of resources between, and within, such public diplomacy bureaus and offices in cases in which programs, facilities, or administrative functions are duplicative or substantially overlapping.", "id": "H65961ADCEC7C4EA5B42AF6E22ECA7AAF", "header": "Avoiding duplication of programs and efforts" }, { "text": "5603. Improving research and evaluation of public diplomacy \n(a) Research and evaluation activities \nThe Secretary, acting through the Director of Research and Evaluation appointed pursuant to subsection (b), shall— (1) conduct regular research and evaluation of public diplomacy programs and activities of the Department, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and (2) make available to Congress the findings of the research and evaluations conducted under paragraph (1). (b) Director of research and evaluation \n(1) Appointment \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall appoint a Director of Research and Evaluation (referred to in this subsection as the Director ) in the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department. (2) Limitation on appointment \nThe appointment of the Director pursuant to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department. (3) Responsibilities \nThe Director shall— (A) coordinate and oversee the research and evaluation of public diplomacy programs and activities of the Department in order to— (i) improve public diplomacy strategies and tactics; and (ii) ensure that such programs and activities are increasing the knowledge, understanding, and trust of the United States by relevant target audiences; (B) routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department; (C) support United States diplomatic posts’ public affairs sections; (D) share appropriate public diplomacy research and evaluation information within the Department and with other appropriate Federal departments and agencies; (E) regularly design and coordinate standardized research questions, methodologies, and procedures to ensure that public diplomacy programs and activities across all public diplomacy bureaus and offices are designed to meet appropriate foreign policy objectives; and (F) report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation of all public diplomacy bureaus and offices. (4) Guidance and training \nNot later than 1 year after the appointment of the Director pursuant to paragraph (1), the Director shall develop guidance and training, including curriculum for use by the Foreign Service Institute, for all public diplomacy officers of the Department regarding the reading and interpretation of public diplomacy program and activity evaluation findings to ensure that such findings and related lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities of the Department. (c) Prioritizing research and evaluation \n(1) In general \nThe head of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department shall ensure that research and evaluation of public diplomacy and activities of the Department, as coordinated and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public diplomacy bureaus and offices of the Department. (2) Allocation of resources \nAmounts allocated for the purpose of research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) shall be made available to be disbursed at the direction of the Director of Research and Evaluation among the research and evaluation staff across all public diplomacy bureaus and offices of the Department. (3) Sense of Congress \nIt is the sense of Congress that the Department should gradually increase its allocation of funds made available under the headings Educational and Cultural Exchange Programs and Diplomatic Programs for research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) to a percentage of program funds that is commensurate with Federal Government best practices. (d) Limited exemption relating to the Paperwork Reduction Act \nChapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) shall not apply to the collection of information directed at any individuals conducted by, or on behalf of, the Department of State for the purpose of audience research, monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to any of the following: (1) The Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. ). (2) Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 22 U.S.C. 2656 note). (3) The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). (e) Limited exemption relating to the Privacy Act \n(1) In general \nThe Department shall maintain, collect, use, and disseminate records (as such term is defined in section 552a(a)(4) of title 5, United States Code) for audience research, digital analytics, and impact evaluation of communications related to public diplomacy efforts intended for foreign audiences. (2) Conditions \nAudience research, digital analytics, and impact evaluations under paragraph (1) shall be— (A) reasonably tailored to meet the purposes of this subsection; and (B) carried out with due regard for privacy and civil liberties guidance and oversight. (f) United States Advisory Commission on Public Diplomacy \n(1) Subcommittee for research and evaluation \nThe United States Advisory Commission on Public Diplomacy shall establish a Subcommittee on Research and Evaluation to monitor and advise regarding audience research, digital analytics, and impact evaluations carried out by the Department and the United States Agency for Global Media. (2) Annual report \nThe Subcommittee on Research and Evaluation established pursuant to paragraph (1) shall submit to the appropriate congressional committees an annual report, in conjunction with the United States Advisory Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media, describing all actions taken by the Subcommittee pursuant to paragraph (1) and any findings made as a result of such actions.", "id": "H66871AC41CB942048EA67DF60642AD46", "header": "Improving research and evaluation of public diplomacy" }, { "text": "5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy \nSection 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6553 ) is amended— (1) in the section heading, by striking Sunset and inserting Continuation ; and (2) by striking until October 1, 2021.", "id": "H1D061AC4362D4E7FA615CE2A84620AA5", "header": "Permanent reauthorization of the United States Advisory Commission on Public Diplomacy" }, { "text": "5605. Streamlining of support functions \n(a) Working group established \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall establish a working group to explore the possibilities and cost-benefit analysis of transitioning to a shared services model as such pertains to human resources, travel, purchasing, budgetary planning, and all other executive support functions for all bureaus of the Department that report to the Under Secretary for Public Diplomacy of the Department. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a plan to implement any such findings of the working group established under subsection (a).", "id": "H580047077054474A8D7AC540048B50C7", "header": "Streamlining of support functions" }, { "text": "5606. Guidance for closure of public diplomacy facilities \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall adopt, and include in the Foreign Affairs Manual, guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound would result in the closure or co-location of an American Space, American Center, American Corner, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ). (b) Requirements \nThe guidelines required by subsection (a) shall include the following: (1) Standardized notification to each chief of mission at a diplomatic post describing the requirements of the Secure Embassy Construction and Counterterrorism Act of 1999 and the impact on the mission footprint of such requirements. (2) An assessment and recommendations from each chief of mission of potential impacts to public diplomacy programming at such diplomatic post if any public diplomacy facility referred to in subsection (a) is closed or staff is co-located in accordance with such Act. (3) A process by which assessments and recommendations under paragraph (2) are considered by the Secretary and the appropriate Under Secretaries and Assistant Secretaries of the Department. (4) Notification to the appropriate congressional committees, prior to the initiation of a new embassy compound or new consulate compound design, of the intent to close any such public diplomacy facility or co-locate public diplomacy staff in accordance with such Act. (c) Report \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the guidelines required under subsection (a) and any recommendations for any modifications to such guidelines.", "id": "H266CC52D70F74BA1A5AAA8F06F743198", "header": "Guidance for closure of public diplomacy facilities" }, { "text": "5607. Definitions \nIn this title: (1) Audience research \nThe term audience research means research conducted at the outset of a public diplomacy program or the outset of campaign planning and design regarding specific audience segments to understand the attitudes, interests, knowledge, and behaviors of such audience segments. (2) Digital analytics \nThe term digital analytics means the analysis of qualitative and quantitative data, accumulated in digital format, to indicate the outputs and outcomes of a public diplomacy program or campaign. (3) Impact evaluation \nThe term impact evaluation means an assessment of the changes in the audience targeted by a public diplomacy program or campaign that can be attributed to such program or campaign. (4) Public diplomacy bureaus and offices \nThe term public diplomacy bureaus and offices means, with respect to the Department, the following: (A) The Bureau of Educational and Cultural Affairs. (B) The Bureau of Global Public Affairs. (C) The Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs. (D) The Global Engagement Center. (E) The public diplomacy functions within the regional and functional bureaus.", "id": "HE308528523044FB6A880924946F82D27", "header": "Definitions" }, { "text": "5701. Limitation on assistance to countries in default \nSection 620(q) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(q) ) is amended— (1) by striking No assistance and inserting the following: (1) No assistance ; (2) by inserting the government of before any country ; (3) by inserting the government of before such country each place it appears; (4) by striking determines and all that follows and inserting determines, after consultation with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, that assistance for such country is in the national interest of the United States. ; and (5) by adding at the end the following new paragraph: (2) No assistance shall be furnished under this Act, the Peace Corps Act, the Millennium Challenge Act of 2003, the African Development Foundation Act, the BUILD Act of 2018, section 504 of the FREEDOM Support Act, or section 23 of the Arms Export Control Act to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest or any loan made to the government of such country by the United States unless the President determines, following consultation with the congressional committees specified in paragraph (1), that assistance for such country is in the national interest of the United States..", "id": "H49A4A937BEFB4E6BAAC9BF857BA45626", "header": "Limitation on assistance to countries in default" }, { "text": "5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment \nSubsection (b) of section 101 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 ( 22 U.S.C. 9111 ; Public Law 113–150 ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by inserting , respectively, after access cases ; and (ii) by inserting and the number of children involved before the semicolon at the end; and (B) in subparagraph (D), by inserting respectively, the number of children involved, after access cases, ; (2) in paragraph (7), by inserting , and number of children involved in such cases before the semicolon at the end; (3) in paragraph (8), by striking and after the semicolon at the end; (4) in paragraph (9), by striking the period at the end and inserting ; and ; and (5) by adding at the end the following new paragraph: (10) the total number of pending cases the Department of State has assigned to case officers and number of children involved for each country and as a total for all countries..", "id": "H7777A1E91962484C93EBAA59318F4097", "header": "Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment" }, { "text": "5703. Chief of mission concurrence \nIn the course of a chief of mission providing concurrence to the exercise of the authority pursuant to section 127e of title 10, United States Code, or section 1202 of the National Defense Authorization Act for Fiscal Year 2018— (1) each relevant chief of mission shall inform and consult in a timely manner with relevant individuals at relevant missions or bureaus of the Department of State; and (2) the Secretary of State shall take such steps as may be necessary to ensure that such relevant individuals have the security clearances necessary and access to relevant compartmented and special programs to so consult in a timely manner with respect to such concurrence.", "id": "H69A084B24BAE48C790471451F1610D71", "header": "Chief of mission concurrence" }, { "text": "5704. Report on efforts of the Coronavirus Repatriation Task Force \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate a report evaluating the efforts of the Coronavirus Repatriation Task Force of the Department of State to repatriate United States citizens and legal permanent residents in response to the 2020 coronavirus outbreak. The report shall identify— (1) the most significant impediments to repatriating such persons; (2) the lessons learned from such repatriations; and (3) any changes planned to future repatriation efforts of the Department of State to incorporate such lessons learned.", "id": "HABB011880E7F49AE9740A6C3FE08B1C7", "header": "Report on efforts of the Coronavirus Repatriation Task Force" }, { "text": "6101. FinCEN Exchange \nSection 310(d) of title 31, United States Code, is amended— (1) in paragraph (2), by inserting other relevant private sector entities, after financial institutions, ; (2) in paragraph (3)(A)(i)(II), by inserting and other relevant private sector entities after financial institutions ; and (3) in paragraph (5)— (A) in subparagraph (A), by inserting or other relevant private sector entity after financial institution ; and (B) in subparagraph (B)— (i) by striking Information and inserting the following: (i) Use by financial institutions \nInformation ; and (ii) by adding at the end the following: (ii) Use by other relevant private sector entities \nInformation received by a relevant private sector entity that is not a financial institution pursuant to this section shall not be used for any purpose other than assisting a financial institution in identifying and reporting on activities that may involve the financing of terrorism, money laundering, proliferation financing, or other financial crimes, or in assisting FinCEN or another agency of the Federal Government in mitigating the risk of the financing of terrorism, money laundering, proliferation financing, or other criminal activities..", "id": "HA2FBD14656EE4EE287E170D39A1AE907", "header": "FinCEN Exchange" }, { "text": "6102. Adverse information in cases of trafficking \n(a) In general \nThe Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after section 605B the following: 605C. Adverse information in cases of trafficking \n(a) Definitions \nIn this section: (1) Trafficking documentation \nThe term trafficking documentation means— (A) documentation of— (i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or (ii) by a court of competent jurisdiction; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (2) Trafficking Victims Protection Act of 2000 definitions \nThe terms severe forms of trafficking in persons and sex trafficking have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Victim of trafficking \nThe term victim of trafficking means a person who is a victim of a severe form of trafficking in persons or sex trafficking. (b) Adverse information \nA consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (c) Rulemaking \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Director shall issue rules to implement subsection (a). (2) Contents \nThe rules issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies.. (b) Table of contents amendment \nThe table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following: 605C. Adverse information in cases of trafficking.. (c) Application \nThe amendments made by this section shall apply on the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(c) of the Fair Credit Reporting Act, as added by subsection (a) of this section. Any rule issued by the Director to implement such section 605C shall be limited to preventing a consumer reporting agency from furnishing a consumer report containing any adverse item of information about a consumer (as such terms are defined, respectively, in section 603 the Fair Credit Reporting Act ( 15 U.S.C. 1681a )) that resulted from trafficking.", "id": "H88E407AFDEA241DE9C2DE99116D6C5E6", "header": "Adverse information in cases of trafficking" }, { "text": "605C. Adverse information in cases of trafficking \n(a) Definitions \nIn this section: (1) Trafficking documentation \nThe term trafficking documentation means— (A) documentation of— (i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or (ii) by a court of competent jurisdiction; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (2) Trafficking Victims Protection Act of 2000 definitions \nThe terms severe forms of trafficking in persons and sex trafficking have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Victim of trafficking \nThe term victim of trafficking means a person who is a victim of a severe form of trafficking in persons or sex trafficking. (b) Adverse information \nA consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (c) Rulemaking \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Director shall issue rules to implement subsection (a). (2) Contents \nThe rules issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies.", "id": "HFB7744C486644604BA62F1546803DA60", "header": "Adverse information in cases of trafficking" }, { "text": "6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts \n(a) In general \nTitle XVI of the International Financial Institutions Act ( 22 U.S.C. 262p et seq. ) is amended by adding at the end the following: 1630. Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts \nThe Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors.. (b) Report to the congress \nWithin 1 year after the date of the enactment of this Act, and annually thereafter for the next 4 years, the Secretary of the Treasury shall report to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate on— (1) the activities of the International Monetary Fund in the then most recently completed fiscal year to provide technical assistance described in section 1630 of the International Financial Institutions Act (as added by this section), including the ability of the Fund to meet the demand for the assistance; and (2) the efficacy of efforts by the United States to achieve the policy goal described in such section and any further actions that should be taken, if necessary, to implement that goal. (c) Sunset \nThe amendment made by subsection (a) shall have no force or effect after the 5-year period that begins with the date of the enactment of this Act.", "id": "H6AEE5A5413FC415D8A87FF984578C289", "header": "Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts" }, { "text": "1630. Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts \nThe Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors.", "id": "H6600B6BAB5EC40ED8A60A9C9E22BEF4B", "header": "Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts" }, { "text": "6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank \n(a) Sense of the Congress \nIt is the sense of the Congress that the United States should not support the recognition of, or dealing with, the State Administration Council, or any successor entity controlled by the military, as the government of Burma for the purpose of the provision of any loan or financial assistance by the International Monetary Fund, the World Bank Group, or the Asian Development Bank, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Policy \nTitle XVI of the International Financial Institutions Act ( 22 U.S.C. 262p et seq. ), as amended by section 6103, is further amended by adding at the end the following: 1631. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank \n(a) Policy of the United States \nThe Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Submission of written statements \nNo later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection (a) or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board. (c) Waiver \nThe President of the United States may waive the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and the oversight safeguards that will accompany such assistance; or (2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor. (d) World bank group defined \nIn this section, the term World Bank Group means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.. (c) Sunset \nSection 1631 of the International Financial Institutions Act, as added by subsection (b), is repealed on the earlier of— (1) the date the President of the United States submits to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a certification that— (A) the Burmese military has released all political prisoners; (B) an elected government has been instated following free and fair elections; and (C) all government institutions involved in the provision of multilateral assistance are fully under civilian control; or (2) the date that is 10 years after the date of the enactment of this Act.", "id": "HCB53BF289C044A418D6D77DC5A88D55A", "header": "United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank" }, { "text": "1631. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank \n(a) Policy of the United States \nThe Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Submission of written statements \nNo later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection (a) or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board. (c) Waiver \nThe President of the United States may waive the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and the oversight safeguards that will accompany such assistance; or (2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor. (d) World bank group defined \nIn this section, the term World Bank Group means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.", "id": "HF7A4CCB3D50E4D9196CF18A351A8C3E4", "header": "United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank" }, { "text": "6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies \n(a) In general \nThe Secretary of the Treasury (in this section referred to as the Secretary ) shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(2) )) that it is the policy of the United States to— (1) support assistance by the institution with respect to advanced wireless technologies (such as 5th generation wireless technology for digital cellular networks and related technologies) only if the technologies provide appropriate security for users; (2) proactively encourage assistance with respect to infrastructure or policy reforms that facilitate the use of secure advanced wireless technologies; and (3) cooperate, to the maximum extent practicable, with member states of the institution, particularly with United States allies and partners, in order to strengthen international support for such technologies. (b) Waiver authority \nThe Secretary may waive subsection (a) on a case-by-case basis, on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) will allow the United States to effectively promote the objectives of the policy described in subsection (a); or (2) is in the national interest of the United States, with an explanation of the reasons therefor. (c) Progress report \nThe Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the annual report required by section 1701 of the International Financial Institutions Act ( 22 U.S.C. 262r ) a description of progress made toward advancing the policy described in subsection (a) of this section. (d) Sunset \nThe preceding provisions of this section shall have no force or effect after the earlier of— (1) the date that is 7 years after the date of the enactment of this Act; or (2) the date that the Secretary reports to the committees specified in subsection (b) that terminating the effectiveness of the provisions is important to the national interest of the United States, with a detailed explanation of the reasons therefor.", "id": "HE51B377F97DD483A9D04CF4A83BEAB17", "header": "United States policy regarding international financial institution assistance with respect to advanced wireless technologies" }, { "text": "6106. Illicit finance improvements \n(a) Scope of the meetings of the supervisory team on countering illicit finance \nSection 6214(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 31 U.S.C. 5311 note) is amended by striking to combat the risk relating to proliferation financing and inserting for the purposes of countering illicit finance, including proliferation finance and sanctions evasion. (b) Combating Russian Money Laundering \nSection 9714 of the Combating Russian Money Laundering Act ( Public Law 116–283 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (f) and (g), respectively; and (2) by inserting after subsection (a) the following: (b) Classified information \nIn any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information \nThe exemptions from, and prohibitions on, search and disclosure provided in section 5319 of title 31, United States Code, shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a) of this section. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section. (d) Penalties \nThe penalties provided for in sections 5321 and 5322 of title 31, United States Code, that apply to violations of special measures imposed under section 5318A of title 31, United States Code, shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section, in the same manner and to the same extent as described in sections 5321 and 5322. (e) Injunctions \nThe Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section in the same manner and to the same extent as described in section 5320 of title 31, United States Code..", "id": "H9BC89F740D0442638750F4D45EDF4B50", "header": "Illicit finance improvements" }, { "text": "6107. Briefing on delegation of examination authority under the Bank Secrecy Act \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall, after consultation with State bank supervisors, Federal financial regulators, and other relevant stakeholders, conduct a briefing for the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with respect to the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury. (b) Contents \nThe briefing conducted by the Secretary of the Treasury pursuant to subsection (a) shall address— (1) the current status of the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury, including with respect to the mission of the Bank Secrecy Act; (2) how frequently, on average, agencies delegated exam authority under the Bank Secrecy Act by the Secretary are able to examine entities for which they have delegated authorities; (3) whether agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have appropriate resources to perform such delegated responsibilities; and (4) whether the examiners within agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have sufficient training and support to perform delegated responsibilities. (c) Definitions \nIn this section: (1) Bank Secrecy Act \nThe term Bank Secrecy Act means— (A) section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ); (B) section 123 of Public Law 91–508 ; and (C) subchapter II of chapter 53 of title 31, United States Code. (2) Federal financial regulators \nThe term Federal financial regulators means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Comptroller of the Currency, the Commodity Futures Trading Commission, the Securities and Exchange Commission, and the Commissioner of the Internal Revenue Service. (3) State bank supervisors \nThe term State bank supervisors has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ).", "id": "H2D833E41AB8B4058AAEA4D68119B75B3", "header": "Briefing on delegation of examination authority under the Bank Secrecy Act" }, { "text": "6201. Short title \nThis title may be cited as the Foreign Service Families Act of 2021.", "id": "H1E72A6CFDADF4101BF0446FDF5881C73", "header": "Short title" }, { "text": "6202. Telecommuting opportunities \n(a) DETO policy \n(1) In general \nEach Federal department and agency shall establish a policy enumerating the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations where there is a related Foreign Service assignment pursuant to an approved Domestically Employed Teleworking Overseas (DETO) agreement, consistent with the requirements under section 6502 of title 5, United States code (relating to the executive agencies telework requirements), as amended by paragraph (2), and DETO requirements, as set forth in the Foreign Affairs Manual and Foreign Affairs Handbook of the Department of State. (2) Amendment \nSection 6502(b) of title 5, United States Code, is amended— (A) in paragraph (4)(B), by striking and after the semicolon; (B) in paragraph 5, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (6) enumerate the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations, provided that, except in emergency situations as determined by the head of the agency, such circumstances shall not include a situation in which an employee's official duties require on at least a monthly basis the direct handling of secure materials determined to be inappropriate for telework by the agency head.. (b) Access to ICASS system \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall revise chapter 900 of volume 6 of the Foreign Affairs Manual, the International Cooperative Administrative Support Services Handbook, the Personnel Operations Handbook, and any other relevant regulations to allow each Federal agency that has enacted a policy under subsection (a) to have access to the International Cooperative Administrative Support Services (ICASS) system.", "id": "H73A6339572FA4C60AED27E38A3C739CD", "header": "Telecommuting opportunities" }, { "text": "6203. Employment and education programs for eligible family members of members of the Foreign Service \nSection 706(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4026(b) ) is amended— (1) in paragraph (1)— (A) by striking The Secretary may facilitate the employment of spouses of members of the Foreign Service by— and inserting The Secretary shall implement such measures as the Secretary considers necessary to facilitate the employment of spouses and members of the Service. The measures may include— ; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by amending subparagraph (C) to read as follows: (C) establishing a program for assisting eligible family members in accessing employment and education opportunities, as appropriate, including by exercising the authorities, in relevant part, under sections 1784 and 1784a of title 10, United States Code, and subject to such regulations as the Secretary may prescribe modeled after those prescribed pursuant to subsection (b) of such section 1784; ; (2) by redesignating paragraph (2) as paragraph (6); (3) by inserting after paragraph (1) the following new paragraphs: (2) The Secretary may prescribe regulations— (A) to provide preference to eligible family members in hiring for any civilian position in the Department, notwithstanding the prohibition on marital discrimination found in 5 U.S.C. 2302(b)(1)(E) , if — (i) the eligible family member is among persons determined to be best qualified for the position; and (ii) the position is located in the overseas country of assignment of their sponsoring employee; (B) to ensure that notice of any vacant position in the Department is provided in a manner reasonably designed to reach eligible family members of sponsoring employees whose permanent duty stations are in the same country as that in which the position is located; and (C) to ensure that an eligible family member who applies for a vacant position in the Department shall, to the extent practicable, be considered for any such position located in the same country as the permanent duty station of their sponsoring employee. (3) Nothing in this section may be construed to provide an eligible family member with entitlement or preference in hiring over an individual who is preference eligible. (4) Under regulations prescribed by the Secretary, a chief of mission may, consistent with all applicable laws and regulations pertaining to the ICASS system, make available to an eligible family member and a non-Department entity space in an embassy or consulate for the purpose of the non-Department entity providing employment-related training for eligible family members. (5) The Secretary may work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of eligible family member employment. ; and (4) by adding after paragraph (6), as redesignated by paragraph (2) of this subsection, the following new paragraph: (7) In this subsection, the term eligible family member refers to family members of government employees assigned abroad or hired for service at their post of residence who are appointed by the Secretary of State or the Administrator of the United States Agency for International Development pursuant to sections 102, 202, 303, and 311..", "id": "H3AB438803FE843F89607DB9000ECCF20", "header": "Employment and education programs for eligible family members of members of the Foreign Service" }, { "text": "6204. Briefing on Foreign Service family reserve corps \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the status of implementation of the Foreign Service Family Reserve Corps. (b) Elements \nThe briefing required under subsection (a) shall include the following elements: (1) A description of the status of implementation of the Foreign Service Family Reserve Corps (FSFRC). (2) An assessment of the extent to which implementation was impacted by the Department’s hiring freeze and a detailed explanation of the effect of any such impacts. (3) A description of the status of implementation of a hiring preference for the FSFRC. (4) A detailed accounting of any individuals eligible for membership in the FSFRC who were unable to begin working at a new location as a result of being unable to transfer their security clearance, including an assessment of whether they would have been able to port their clearance as a member of the FSFRC if the program had been fully implemented. (5) An estimate of the number of individuals who are eligible to join the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals would enroll. (6) An estimate of the number of individuals who are enrolled in the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals enrolled. (7) An estimate of the number of individuals who were enrolled in each phase of the implementation of the FSFRC as detailed in guidance issued by the Under Secretary for Management. (8) An estimate of the number of individuals enrolled in the FSFRC who have successfully transferred a security clearance to a new post since implementation of the program began. (9) An estimate of the number of individuals enrolled in the FSFRC who have been unable to successfully transfer a security clearance to a new post since implementation of the program began. (10) An estimate of the number of individuals who have declined in writing to apply to the FSFRC. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.", "id": "H9E22916E42C04C069BE650E304316EE8", "header": "Briefing on Foreign Service family reserve corps" }, { "text": "6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees \nSection 311 of the Foreign Service Act of 1980 ( 22 U.S.C. 3951 ) is amended by adding at the end the following: (e) The Secretary shall hold a family member of a government employee described in subsection (a) seeking employment in a position described in that subsection to the same employment standards as those applicable to Foreign Service officers, Foreign Service personnel, or foreign national employees seeking the same or a substantially similar position..", "id": "HEEDCA39E0315488999A56CA771A7C04A", "header": "Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees" }, { "text": "6206. In-State tuition rates for members of qualifying Federal service \n(a) In general \nSection 135 of the Higher Education Act of 1965 ( 20 U.S.C. 1015d ) is amended— (1) in the section heading, by striking the armed forces on active duty, spouses, and dependent children and inserting qualifying Federal service ; (2) in subsection (a), by striking member of the armed forces who is on active duty for a period of more than 30 days and and inserting member of a qualifying Federal service ; (3) in subsection (b), by striking member of the armed forces and inserting member of a qualifying Federal service ; and (4) by striking subsection (d) and inserting the following: (d) Definitions \nIn this section, the term member of a qualifying Federal service means— (1) a member of the armed forces (as defined in section 101 of title 10, United States Code) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10, United States Code); or (2) a member of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 )) who is on active duty for a period of more than 30 days.. (b) Effective date \nThe amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) for the first period of enrollment at such institution that begins after July 1, 2024.", "id": "HDC4CE15BDD0545EA885BBADC4C1E7AF0", "header": "In-State tuition rates for members of qualifying Federal service" }, { "text": "6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service \n(a) In general \nChapter 9 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4081 et seq. ) is amended by adding at the end the following new section: 907. Termination of residential or motor vehicle leases and telephone service contracts \nThe terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act.. (b) Clerical amendment \nThe table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 906 the following new item: Sec. 907. Termination of residential or motor vehicle leases and telephone service contracts..", "id": "H82CC99A56D7149E9A7DEC41768BC6F31", "header": "Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service" }, { "text": "907. Termination of residential or motor vehicle leases and telephone service contracts \nThe terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act.", "id": "H4FC0A5F5C70A427089B5A06DFD3298D5", "header": "Termination of residential or motor vehicle leases and telephone service contracts" }, { "text": "6301. Short title \nThis title may be cited as the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021.", "id": "HCBDE517C4F9E409F95271BDAD5F99D81", "header": "Short title" }, { "text": "6302. Clarifying amendments to definitions \nSection 1403 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4702 ) is amended— (1) by striking paragraph (5) and inserting the following new paragraph (5): (5) The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any other territory or possession of the United States. ; and (2) by striking paragraph (6), by inserting the following new paragraph (6): (6) The term eligible person means— (A) a permanent resident alien of the United States; (B) a citizen or national of the United States; (C) a citizen of the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau; or (D) any person who may be admitted to lawfully engage in occupations and establish residence as a nonimmigrant in the United States as permitted under the Compact of Free Association agreements with the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau..", "id": "H699A908F6D094263BCF2E29FDB4E8871", "header": "Clarifying amendments to definitions" }, { "text": "6303. Barry Goldwater Scholarship and Excellence in Education Awards \n(a) Award of scholarships, fellowships, and research internships \nSection 1405(a) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4704(a) ) is amended— (1) in the subsection heading, by striking Award of scholarships and fellowships and inserting Award of scholarships, fellowships, and research internships ; (2) in paragraph (1)— (A) by striking scholarships and fellowships and inserting scholarships, fellowships, and research internships ; and (B) by striking science and mathematics and inserting the natural sciences, engineering, and mathematics ; (3) in paragraph (2), by striking mathematics and the natural sciences and inserting the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ) ; (4) in paragraph (3), by striking mathematics and the natural sciences and inserting the natural sciences, engineering, and mathematics ; (5) by redesignating paragraph (4) as paragraph (5); (6) in paragraph (5), as so redesignated, by striking scholarships and fellowships and inserting scholarships, fellowships, and research internships ; and (7) by inserting after paragraph (3) the following: (4) Research internships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ).. (b) Barry Goldwater Scholars and Research Interns \nSection 1405(b) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4704(b) ) is amended— (1) in the subsection heading, by adding and Research Interns after Scholars ; and (2) by adding at the end the following new sentence: Recipients of research internships under this title shall be known as Barry Goldwater Interns..", "id": "H49CCAD2746AC45538B8636954A6DA2F9", "header": "Barry Goldwater Scholarship and Excellence in Education Awards" }, { "text": "6304. Stipends \nSection 1406 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4705 ) is amended by adding at the end the following: Each person awarded a research internship under this title shall receive a stipend as may be prescribed by the Board, which shall not exceed the maximum stipend amount awarded for a scholarship or fellowship..", "id": "H53B47B61FAC644EB9F72C9BFD1CBA80D", "header": "Stipends" }, { "text": "6305. Scholarship and research internship conditions \nSection 1407 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4706 ) is amended— (1) in the section heading, by inserting and research internship after scholarship ; (2) in subsection (a)— (A) by striking the subsection heading and inserting Scholarship conditions ; and (B) by striking and devoting full time to study or research and is not engaging in gainful employment other than employment approved by the Foundation ; (3) in subsection (b), by striking the subsection heading and inserting Reports on scholarships ; and (4) by adding at the end the following: (c) Research internship conditions \nA person awarded a research internship under this title may receive payments authorized under this title only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency pursuant to regulations of the Board. (d) Reports on research internships \nThe Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a research internship under this title. Such reports may be accompanied by a certificate from an appropriate official at the institution of higher education or internship employer, approved by the Foundation, stating that such person is maintaining satisfactory progress in the internship..", "id": "HEF3DC72B64CE4DC5B6B4FA8E9CF41E67", "header": "Scholarship and research internship conditions" }, { "text": "6306. Sustainable investments of funds \nSection 1408 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4707 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Investment in securities \nNotwithstanding subsection (b), the Secretary of the Treasury may invest any public or private funds received by the Foundation after the date of enactment of the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021 in securities other than or in addition to public debt securities of the United States, if— (1) the Secretary receives a determination from the Board that such investments are necessary to enable the Foundation to carry out the purposes of this title; and (2) the securities in which such funds are invested are traded in established United States markets. (d) Construction \nNothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 4704, or to increase the amount of the stipend authorized by section 4705, as the Board considers appropriate and is otherwise consistent with the requirements of this title..", "id": "HCB27956F6DD744BA8754F3EA00518E61", "header": "Sustainable investments of funds" }, { "text": "6307. Administrative provisions \nSection 1411(a) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4710(a) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) appoint and fix the rates of basic pay of not more than three employees (in addition to the Executive Secretary appointed under section 4709) to carry out the provisions of this title, without regard to the provisions in chapter 33 of title 5, United States Code, governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that— (A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under section 5332 of title 5, United States Code; and (B) the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, United States Code, subject to the applicable limitation established under subsection (g) of such section; ; (2) in paragraph (2), by striking grade GS–18 under section 5332 of such title and inserting level IV of the Executive Schedule ; (3) in paragraph (7), by striking and at the end; (4) by redesignating paragraph (8) as paragraph (10); and (5) by inserting after paragraph (7) the following: (8) expend not more than 5 percent of the Foundation’s annual operating budget on programs that, in addition to or in conjunction with the Foundation’s scholarship financial awards, support the development of Goldwater Scholars throughout their professional careers; (9) expend not more than 5 percent of the Foundation’s annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and.", "id": "H47E2A404D77C4BA190B490A475F54C0D", "header": "Administrative provisions" }, { "text": "6401. Employee engagement steering committee and action plan \n(a) In general \nTitle VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is amended by adding at the end the following new section: 711. Employee engagement \n(a) Steering committee \nNot later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: (1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. (2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. (3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. (4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. (5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications. (b) Action plan; reporting \nThe Secretary, acting through the Chief Human Capital Officer, shall— (1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and (2) require the head of each component to— (A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; (B) monitor progress on implementation of such action plan; and (C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. (c) Termination \nThis section shall terminate on the date that is five years after the date of the enactment of this section.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item: Sec. 711. Employee engagement.. (c) Submissions to Congress \n(1) Department-wide employee engagement action plan \nThe Secretary of Homeland Security, acting through the Chief Human Capital Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the Department-wide employee engagement action plan required under subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of such plan under such subsection (b)(1). (2) Component-specific employee engagement plans \nEach head of a component of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the component-specific employee engagement plan of each such component required under subsection (b)(2) of section 711 of the Homeland Security Act of 2002 not later than 30 days after the issuance of each such plan under such subsection (b)(2).", "id": "H20FD794620864A718DF86E7E5841C81A", "header": "Employee engagement steering committee and action plan" }, { "text": "711. Employee engagement \n(a) Steering committee \nNot later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: (1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. (2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. (3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. (4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. (5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications. (b) Action plan; reporting \nThe Secretary, acting through the Chief Human Capital Officer, shall— (1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and (2) require the head of each component to— (A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; (B) monitor progress on implementation of such action plan; and (C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. (c) Termination \nThis section shall terminate on the date that is five years after the date of the enactment of this section.", "id": "HA3B37FF504B34BA79DCB4E8FF7E75B21", "header": "Employee engagement" }, { "text": "6402. Annual employee award program \n(a) In general \nTitle VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ), as amended by section 6401 of this Act, is further amended by adding at the end the following new section: 712. Annual employee award program \n(a) In general \nThe Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall— (1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level; (2) publicize within the Department how any employee or group of employees may be nominated for an award; (3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; (4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and (5) publicize such program within the Department. (b) Internal review board \nThe internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees. (c) Rule of construction \nNothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by section 6401 of this Act, is further amended by inserting after the item relating to section 711 the following new item: Sec. 712. Annual employee award program..", "id": "H6F3A287A60534CAF8CB08F3334369EFE", "header": "Annual employee award program" }, { "text": "712. Annual employee award program \n(a) In general \nThe Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall— (1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level; (2) publicize within the Department how any employee or group of employees may be nominated for an award; (3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; (4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and (5) publicize such program within the Department. (b) Internal review board \nThe internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees. (c) Rule of construction \nNothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.", "id": "HC46D449AFE014EBD878AA171CAD81A46", "header": "Annual employee award program" }, { "text": "6403. Chief Human Capital Officer responsibilities \nSection 704 of the Homeland Security Act of 2002 ( 6 U.S.C. 344 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by inserting , including with respect to leader development and employee engagement, after policies ; (ii) by striking and in line and inserting , in line ; and (iii) by inserting and informed by best practices within the Federal Government and the private sector, after priorities, ; (B) in paragraph (2), by striking develop performance measures to provide a basis for monitoring and evaluating and inserting use performance measures to evaluate, on an ongoing basis, ; (C) in paragraph (3), by inserting that, to the extent practicable, are informed by employee feedback after policies ; (D) in paragraph (4), by inserting including leader development and employee engagement programs, before in coordination ; (E) in paragraph (5), by inserting before the semicolon at the end the following: that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives ; (F) by redesignating paragraphs (9) and (10) as paragraphs (13) and (14), respectively; and (G) by inserting after paragraph (8) the following new paragraphs: (9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs; (10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees; (11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department; (12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives; ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection: (d) Chief Learning and Engagement Officer \nThe Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section. ; and (4) in subsection (e), as so redesignated— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (1) the following new paragraphs: (2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction; (3) information on the progress of Departmentwide strategic workforce planning efforts as determined under paragraph (2) of subsection (b); (4) information on the activities of the steering committee established pursuant to section 711(a), including the number of meetings, types of materials developed and distributed, and recommendations made to the Secretary;.", "id": "HCB28DDB7ABBF46EE9C9B70B0ED97AE5D", "header": "Chief Human Capital Officer responsibilities" }, { "text": "6404. Independent investigation and implementation plan \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall investigate whether the application in the Department of Homeland Security of discipline and adverse actions for managers and non-managers are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department that are appropriately calibrated to address the identified misconduct, taking into account relevant aggravating and mitigating factors. (b) Consultation \nIn carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the Under Secretary for Management of the Department of Homeland Security and the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by section 6401(a) of this Act). (c) Action by Under Secretary for Management \nUpon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States in such investigation. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 711.", "id": "HD912034D59A44CAF8CDB58A4424AECF0", "header": "Independent investigation and implementation plan" }, { "text": "6405. Authorization of the acquisition professional career program \n(a) In general \nTitle VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ), as amended by sections 6401 and 6402 of this Act, is further amended by adding at the end the following new section: 713. Acquisition professional career program \n(a) Establishment \nThere is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. (b) Administration \nThe Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). (c) Program requirements \nThe Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. (1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. (2) Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program. (3) Carry out recruitment efforts to attract candidates— (A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; (B) with diverse work experience outside of the Federal Government; or (C) with military service. (4) Hire eligible candidates for designated positions under the program. (5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. (6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. (d) Reports \nNot later than one year after the date of the enactment of this section, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: (1) The number of candidates approved for the program. (2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information. (3) A breakdown of the number of participants hired under the program by type of acquisition position. (4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. (5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available. (6) The Department’s recruiting efforts for the program. (7) The Department’s efforts to promote retention of program participants. (e) Definitions \nIn this section: (1) Hispanic-serving institution \nThe term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (2) Historically Black colleges and universities \nThe term historically Black colleges and universities has the meaning given the term part B institution in section 322(2) of Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ). (3) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by sections 6401 and 6402 of this Act, is further amended by inserting after the item relating to section 712 the following new item: Sec. 713. Acquisition professional career program..", "id": "H9D2684A75EEE4736A2A691F46D39FEC1", "header": "Authorization of the acquisition professional career program" }, { "text": "713. Acquisition professional career program \n(a) Establishment \nThere is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. (b) Administration \nThe Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). (c) Program requirements \nThe Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. (1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. (2) Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program. (3) Carry out recruitment efforts to attract candidates— (A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; (B) with diverse work experience outside of the Federal Government; or (C) with military service. (4) Hire eligible candidates for designated positions under the program. (5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. (6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. (d) Reports \nNot later than one year after the date of the enactment of this section, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: (1) The number of candidates approved for the program. (2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information. (3) A breakdown of the number of participants hired under the program by type of acquisition position. (4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. (5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available. (6) The Department’s recruiting efforts for the program. (7) The Department’s efforts to promote retention of program participants. (e) Definitions \nIn this section: (1) Hispanic-serving institution \nThe term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (2) Historically Black colleges and universities \nThe term historically Black colleges and universities has the meaning given the term part B institution in section 322(2) of Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ). (3) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "H594F9DD8EBC442E98510644D3B7BF8F6", "header": "Acquisition professional career program" }, { "text": "6406. National urban security technology laboratory \n(a) In general \nTitle III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) is amended by adding at the end the following new section: 322. National urban security technology laboratory \n(a) In general \nThe Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2) of this Act. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. (b) Laboratory described \nThe laboratory described in this subsection is the laboratory— (1) known, as of the date of the enactment of this section, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to section 303(1)(E) of this Act. (c) Laboratory activities \nThe National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. (d) Rule of construction \nNothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 321 the following new item: Sec. 322. National Urban Security Technology Laboratory..", "id": "H8EA01C66F79A4ECCBB5CB22FA10770B1", "header": "National urban security technology laboratory" }, { "text": "322. National urban security technology laboratory \n(a) In general \nThe Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2) of this Act. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. (b) Laboratory described \nThe laboratory described in this subsection is the laboratory— (1) known, as of the date of the enactment of this section, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to section 303(1)(E) of this Act. (c) Laboratory activities \nThe National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. (d) Rule of construction \nNothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.", "id": "H1FBCB48A875E4FF58296C0EA1F3852A9", "header": "National urban security technology laboratory" }, { "text": "6407. Department of Homeland Security Blue Campaign enhancement \nSection 434 of the Homeland Security Act of 2002 ( 6 U.S.C. 242 ) is amended— (1) in subsection (e)(6), by striking utilizing resources, and inserting developing and utilizing, in consultation with the Blue Campaign Advisory Board established pursuant to subsection (g), resources ; and (2) by adding at the end the following new subsections: (f) Web-based training programs \nTo enhance training opportunities, the Director of the Blue Campaign shall develop web-based interactive training videos that utilize a learning management system to provide online training opportunities. During the 10-year period beginning on the date that is 90 days after the date of the enactment of this subsection such training opportunities shall be made available to the following individuals: (1) Federal, State, local, Tribal, and territorial law enforcement officers. (2) Non-Federal correction system personnel. (3) Such other individuals as the Director determines appropriate. (g) Blue campaign advisory board \n(1) In general \nThere is established in the Department a Blue Campaign Advisory Board, which shall be comprised of representatives assigned by the Secretary from— (A) the Office for Civil Rights and Civil Liberties of the Department; (B) the Privacy Office of the Department; and (C) not fewer than four other separate components or offices of the Department. (2) Charter \nThe Secretary is authorized to issue a charter for the Blue Campaign Advisory Board, and such charter shall specify the following: (A) The Board’s mission, goals, and scope of its activities. (B) The duties of the Board’s representatives. (C) The frequency of the Board’s meetings. (3) Consultation \nThe Director shall consult the Blue Campaign Advisory Board and, as appropriate, experts from other components and offices of the Center for Countering Human Trafficking of the Department regarding the following: (A) Recruitment tactics used by human traffickers to inform the development of training and materials by the Blue Campaign. (B) The development of effective awareness tools for distribution to Federal and non-Federal officials to identify and prevent instances of human trafficking. (C) Identification of additional persons or entities that may be uniquely positioned to recognize signs of human trafficking and the development of materials for such persons. (h) Consultation \nWith regard to the development of programs under the Blue Campaign and the implementation of such programs, the Director is authorized to consult with State, local, Tribal, and territorial agencies, non-governmental organizations, private sector organizations, and experts..", "id": "HBB9D727F6A0D43D89AE9E2B912DDE3E5", "header": "Department of Homeland Security Blue Campaign enhancement" }, { "text": "6408. Medical countermeasures program \n(a) In general \nSubtitle C of title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 597 ) is amended by adding at the end the following new section: 1932. Medical countermeasures \n(a) In general \nSubject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to— (1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and (2) support the mission continuity of the Department. (b) Oversight \nThe Secretary, acting through the Chief Medical Officer of the Department, shall— (1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and (2) develop standards for— (A) medical countermeasure storage, security, dispensing, and documentation; (B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate; (C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations; (D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures; (E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; (F) providing training to employees of the Department on medical countermeasures; and (G) supporting dispensing exercises. (c) Medical countermeasures working group \nThe Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent. (d) Medical countermeasures management \nNot later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including— (1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated; (2) a replenishment plan; and (3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases. (e) Transfer \nNot later than 120 days after the date of enactment of this section, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer. (f) Stockpile elements \nIn determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department— (1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and (2) may use, if available— (A) chemical, biological, radiological, and nuclear risk assessments of the Department; and (B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention. (g) Briefing \nNot later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding— (1) the plan developed under subsection (d); and (2) implementation of the requirements of this section. (h) Definition \nIn this section, the term medical countermeasures means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 1931 the following new item: Sec. 1932. Medical countermeasures..", "id": "HEB5D092ECE8F45F0869F9B75AD3FFE73", "header": "Medical countermeasures program" }, { "text": "1932. Medical countermeasures \n(a) In general \nSubject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to— (1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and (2) support the mission continuity of the Department. (b) Oversight \nThe Secretary, acting through the Chief Medical Officer of the Department, shall— (1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and (2) develop standards for— (A) medical countermeasure storage, security, dispensing, and documentation; (B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate; (C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations; (D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures; (E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; (F) providing training to employees of the Department on medical countermeasures; and (G) supporting dispensing exercises. (c) Medical countermeasures working group \nThe Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent. (d) Medical countermeasures management \nNot later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including— (1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated; (2) a replenishment plan; and (3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases. (e) Transfer \nNot later than 120 days after the date of enactment of this section, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer. (f) Stockpile elements \nIn determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department— (1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and (2) may use, if available— (A) chemical, biological, radiological, and nuclear risk assessments of the Department; and (B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention. (g) Briefing \nNot later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding— (1) the plan developed under subsection (d); and (2) implementation of the requirements of this section. (h) Definition \nIn this section, the term medical countermeasures means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic.", "id": "HEA8033C67DCB49218B61F9303DA8559D", "header": "Medical countermeasures" }, { "text": "6409. Critical domain research and development \n(a) In general \nSubtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 et seq. ) is amended by adding at the end the following new section: 890B. Homeland security critical domain research and development \n(a) In general \n(1) Research and development \nThe Secretary is authorized to conduct research and development to— (A) identify United States critical domains for economic security and homeland security; and (B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security. (2) Requirements \n(A) Risk analysis of critical domains \nThe research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following: (i) The vulnerability and resilience of relevant supply chains. (ii) Foreign production, processing, and manufacturing methods. (iii) Influence of malign economic actors. (iv) Asset ownership. (v) Relationships within the supply chains of such domains. (vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction. (B) Additional research into high-risk critical domains \nBased on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall— (i) describe the underlying infrastructure and processes; (ii) analyze present and projected performance of industries that comprise or support such domain; (iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area; (iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries; (v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints; (vi) identify and define needs and requirements to establish supply resiliency within each such domain; and (vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances. (3) Consultation \nIn conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders. (4) Publication \nBeginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026. (b) Submission to Congress \nNot later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report. (c) Definitions \nIn this section: (1) United States critical domains for economic security \nThe term United States critical domains for economic security means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States. (2) Economic security \nThe term economic security means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values. (d) Authorization of appropriations \nThere is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 890A the following new item: Sec. 890B. Homeland security critical domain research and development..", "id": "H6FA1DF492F034379AF74D016808948B8", "header": "Critical domain research and development" }, { "text": "890B. Homeland security critical domain research and development \n(a) In general \n(1) Research and development \nThe Secretary is authorized to conduct research and development to— (A) identify United States critical domains for economic security and homeland security; and (B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security. (2) Requirements \n(A) Risk analysis of critical domains \nThe research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following: (i) The vulnerability and resilience of relevant supply chains. (ii) Foreign production, processing, and manufacturing methods. (iii) Influence of malign economic actors. (iv) Asset ownership. (v) Relationships within the supply chains of such domains. (vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction. (B) Additional research into high-risk critical domains \nBased on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall— (i) describe the underlying infrastructure and processes; (ii) analyze present and projected performance of industries that comprise or support such domain; (iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area; (iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries; (v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints; (vi) identify and define needs and requirements to establish supply resiliency within each such domain; and (vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances. (3) Consultation \nIn conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders. (4) Publication \nBeginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026. (b) Submission to Congress \nNot later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report. (c) Definitions \nIn this section: (1) United States critical domains for economic security \nThe term United States critical domains for economic security means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States. (2) Economic security \nThe term economic security means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values. (d) Authorization of appropriations \nThere is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.", "id": "H502070E82C6D47F3B8FDDF6766B0171E", "header": "Homeland security critical domain research and development" }, { "text": "6410. CBP Donations Acceptance Program Reauthorization \nSection 482 of the Homeland Security Act of 2002 ( 6 U.S.C. 301a ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting or -leased before land ; and (ii) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting or -leased before land ; (II) in clause (i), by striking $50,000,000 and inserting $75,000,000 ; and (III) by amending clause (ii) to read as follows: (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years. ; and (B) in paragraph (3), in the matter preceding subparagraph (A), by inserting or -leased before land ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking Administrator of the General Services Administration and inserting Administrator of General Services ; (B) in paragraph (1)(C)— (i) in clause (i), by striking $50,000,000 and inserting $75,000,000 ; and (ii) by amending clause (ii) to read as follows: (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years. ; and (C) in paragraph (4)— (i) in subparagraph (A), by striking terminate and all that follows through the period at the end and inserting terminate on December 31, 2026. ; and (ii) in subparagraph (B), by striking carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date and inserting a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date ; (3) in subsection (c)(6)(B), by striking the donation will not be used for the construction of a detention facility or a border fence or wall. and inserting the following: (i) the donation will not be used for the construction of a detention facility or a border fence or wall; and (ii) the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise. ; (4) in subsection (d), in the matter preceding paragraph (1), by striking annual and inserting biennial ; and (5) in subsection (e), by striking Administrator of the General Services Administration and inserting Administrator of General Services.", "id": "H59FD60923CD2409DBA19F7500CDF0583", "header": "CBP Donations Acceptance Program Reauthorization" }, { "text": "6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response \n(a) Survey \nNot later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (referred to in this section as the Administrator ), in consultation with the labor organization certified as the exclusive representative of full- and part-time nonsupervisory Administration personnel carrying out screening functions under section 44901 of title 49, United States Code, shall conduct a survey of the Transportation Security Administration (referred to in this section as the Administration ) workforce regarding the Administration’s response to the COVID–19 pandemic. Such survey shall be conducted in a manner that allows for the greatest practicable level of workforce participation. (b) Contents \nIn conducting the survey required under subsection (a), the Administrator shall solicit feedback on the following: (1) The Administration’s communication and collaboration with the Administration’s workforce regarding the Administration’s response to the COVID–19 pandemic and efforts to mitigate and monitor transmission of COVID–19 among its workforce, including through— (A) providing employees with personal protective equipment and mandating its use; (B) modifying screening procedures and Administration operations to reduce transmission among officers and passengers and ensuring compliance with such changes; (C) adjusting policies regarding scheduling, leave, and telework; (D) outreach as a part of contact tracing when an employee has tested positive for COVID–19; and (E) encouraging COVID–19 vaccinations and efforts to assist employees that seek to be vaccinated such as communicating the availability of duty time for travel to vaccination sites and recovery from vaccine side effects. (2) Any other topic determined appropriate by the Administrator. (c) Report \nNot later than 30 days after completing the survey required under subsection (a), the Administration shall provide a report summarizing the results of the survey to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.", "id": "HB98034C767544E749BC306BE6E00E090", "header": "Survey of the Transportation Security Administration workforce regarding COVID–19 response" }, { "text": "6412. Transportation Security Preparedness Plan \n(a) Plan required \nSection 114 of title 49, United States Code, is amended by adding at the end the following new subsection: (x) Transportation Security Preparedness Plan \n(1) In general \nNot later than two years after the date of the enactment of this subsection, the Secretary of Homeland Security, acting through the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), shall develop a transportation security preparedness plan to address the event of a communicable disease outbreak. The Secretary, acting through the Administrator, shall ensure such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks. (2) Considerations \nIn developing the plan required under paragraph (1), the Secretary, acting through the Administrator, shall consider each of the following: (A) The findings of the survey required under section 6411 of the National Defense Authorization Act for Fiscal Year 2022. (B) The findings of the analysis required under section 6414 of the National Defense Authorization Act for Fiscal Year 2022. (C) The plan required under section 6415 of the National Defense Authorization Act for Fiscal Year 2022. (D) All relevant reports and recommendations regarding the Administration’s response to the COVID–19 pandemic, including any reports and recommendations issued by the Comptroller General and the Inspector General of the Department of Homeland Security. (E) Lessons learned from Federal interagency efforts during the COVID–19 pandemic. (3) Contents of plan \nThe plan developed under paragraph (1) shall include each of the following: (A) Plans for communicating and collaborating in the event of a communicable disease outbreak with the following partners: (i) Appropriate Federal departments and agencies, including the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Department of Transportation, the Department of Labor, and appropriate interagency task forces. (ii) The workforce of the Administration, including through the labor organization certified as the exclusive representative of full- and part-time non-supervisory Administration personnel carrying out screening functions under section 44901 of this title. (iii) International partners, including the International Civil Aviation Organization and foreign governments, airports, and air carriers. (iv) Public and private stakeholders, as such term is defined under subsection (t)(1)(C). (v) The traveling public. (B) Plans for protecting the safety of the Transportation Security Administration workforce, including— (i) reducing the risk of communicable disease transmission at screening checkpoints and within the Administration’s workforce related to the Administration’s transportation security operations and mission; (ii) ensuring the safety and hygiene of screening checkpoints and other workstations; (iii) supporting equitable and appropriate access to relevant vaccines, prescriptions, and other medical care; and (iv) tracking rates of employee illness, recovery, and death. (C) Criteria for determining the conditions that may warrant the integration of additional actions in the aviation screening system in response to the communicable disease outbreak and a range of potential roles and responsibilities that align with such conditions. (D) Contingency plans for temporarily adjusting checkpoint operations to provide for passenger and employee safety while maintaining security during the communicable disease outbreak. (E) Provisions setting forth criteria for establishing an interagency task force or other standing engagement platform with other appropriate Federal departments and agencies, including the Department of Health and Human Services and the Department of Transportation, to address such communicable disease outbreak. (F) A description of scenarios in which the Administrator should consider exercising authorities provided under subsection (g) and for what purposes. (G) Considerations for assessing the appropriateness of issuing security directives and emergency amendments to regulated parties in various modes of transportation, including surface transportation, and plans for ensuring compliance with such measures. (H) A description of any potential obstacles, including funding constraints and limitations to authorities, that could restrict the ability of the Administration to respond appropriately to a communicable disease outbreak. (4) Dissemination \nUpon development of the plan required under paragraph (1), the Administrator shall disseminate the plan to the partners identified under paragraph (3)(A) and to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate. (5) Review of plan \nNot later than two years after the date on which the plan is disseminated under paragraph (4), and biennially thereafter, the Secretary, acting through the Administrator and in coordination with the Chief Medical Officer of the Department of Homeland Security, shall review the plan and, after consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), update the plan as appropriate.. (b) Comptroller General report \nNot later than one year after the date on which the transportation security preparedness plan required under subsection (x) of section 114 of title 49, United States Code, as added by subsection (a), is disseminated under paragraph (4) of such subsection (x), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of a study assessing the transportation security preparedness plan, including an analysis of— (1) whether such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks; and (2) the extent to which the Transportation Security Administration is prepared to implement the plan.", "id": "H237E784A6DDB4B4C9BC1950CA26E5B3B", "header": "Transportation Security Preparedness Plan" }, { "text": "6413. Authorization of Transportation Security Administration personnel details \n(a) Coordination \nPursuant to sections 106(m) and 114(m) of title 49, United States Code, the Administrator of the Transportation Security Administration may provide Transportation Security Administration personnel, who are not engaged in front line transportation security efforts, to other components of the Department and other Federal agencies to improve coordination with such components and agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States. (b) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding efforts to improve coordination with other components of the Department of Homeland Security and other Federal agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States.", "id": "H58F0F50E0F7E4FDBBC74A158B295192E", "header": "Authorization of Transportation Security Administration personnel details" }, { "text": "6414. Transportation Security Administration preparedness \n(a) Analysis \n(1) In general \nThe Administrator of the Transportation Security Administration shall conduct an analysis of preparedness of the transportation security system of the United States for public health threats. Such analysis shall assess, at a minimum, the following: (A) The risks of public health threats to the transportation security system of the United States, including to transportation hubs, transportation security stakeholders, Transportation Security Administration (TSA) personnel, and passengers. (B) Information sharing challenges among relevant components of the Department of Homeland Security, other Federal agencies, international entities, and transportation security stakeholders. (C) Impacts to TSA policies and procedures for securing the transportation security system. (2) Coordination \nThe analysis conducted of the risks described in paragraph (1)(A) shall be conducted in coordination with the Chief Medical Officer of the Department of Homeland Security, the Secretary of Health and Human Services, and transportation security stakeholders. (b) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees on the following: (1) The analysis required under subsection (a). (2) Technologies necessary to combat public health threats at security screening checkpoints, such as testing and screening technologies, including temperature screenings, to better protect from future public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area of an airport through such checkpoints, and the estimated cost of technology investments needed to fully implement across the aviation system solutions to such threats. (3) Policies and procedures implemented by TSA and transportation security stakeholders to protect from public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area through the security screening checkpoints, as well as future plans for additional measures relating to such protection. (4) The role of TSA in establishing priorities, developing solutions, and coordinating and sharing information with relevant domestic and international entities during a public health threat to the transportation security system, and how TSA can improve its leadership role in such areas. (c) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate. (2) The term sterile area has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations. (3) The term TSA means the Transportation Security Administration.", "id": "HE75C4785EB9F41BBA73BF61A881A96A2", "header": "Transportation Security Administration preparedness" }, { "text": "6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, shall issue and commence implementing a plan to enhance, as appropriate, security operations at airports during the COVID–19 national emergency in order to reduce risk of the spread of the coronavirus at passenger screening checkpoints and among the TSA workforce. (b) Contents \nThe plan required under subsection (a) shall include the following: (1) An identification of best practices developed and screening technologies deployed in response to the coronavirus among foreign governments, airports, and air carriers conducting aviation security screening operations, as well as among Federal agencies conducting similar security screening operations outside of airports, including in locations where the spread of the coronavirus has been successfully contained, that could be further integrated into the United States aviation security system. (2) Specific operational changes to aviation security screening operations informed by the identification of best practices and screening technologies under paragraph (1) that could be implemented without degrading aviation security and a corresponding timeline and costs for implementing such changes. (c) Considerations \nIn carrying out the identification of best practices under subsection (b), the Administrator shall take into consideration the following: (1) Aviation security screening procedures and practices in place at security screening locations, including procedures and practices implemented in response to the coronavirus. (2) Volume and average wait times at each such security screening location. (3) Public health measures already in place at each such security screening location. (4) The feasibility and effectiveness of implementing similar procedures and practices in locations where such are not already in place. (5) The feasibility and potential benefits to security, public health, and travel facilitation of continuing any procedures and practices implemented in response to the COVID–19 national emergency beyond the end of such emergency. (d) Consultation \nIn developing the plan required under subsection (a), the Administrator may consult with public and private stakeholders and the TSA workforce, including through the labor organization certified as the exclusive representative of full- and part-time nonsupervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code. (e) Submission \nUpon issuance of the plan required under subsection (a), the Administrator shall submit the plan to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (f) Issuance and implementation \nThe Administrator shall not be required to issue or implement, as the case may be, the plan required under subsection (a) upon the termination of the COVID–19 national emergency except to the extent the Administrator determines such issuance or implementation, as the case may be, to be feasible and beneficial to security screening operations. (g) GAO review \nNot later than one year after the issuance of the plan required under subsection (a) (if such plan is issued in accordance with subsection (f)), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review, if appropriate, of such plan and any efforts to implement such plan. (h) Definitions \nIn this section: (1) The term Administrator means the Administrator of the Transportation Security Administration. (2) The term coronavirus has the meaning given such term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ). (3) The term COVID–19 national emergency means the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) on March 13, 2020, with respect to the coronavirus. (4) The term public and private stakeholders has the meaning given such term in section 114(t)(1)(C) of title 49, United States Code. (5) The term TSA means the Transportation Security Administration.", "id": "HECF9462869C44F018D058E37DD6CBFDA", "header": "Plan to reduce the spread of coronavirus at passenger screening checkpoints" }, { "text": "6416. Comptroller General review of Department of Homeland Security trusted traveler programs \nNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of Department of Homeland Security trusted traveler programs. Such review shall examine the following: (1) The extent to which the Department of Homeland Security tracks data and monitors trends related to trusted traveler programs, including root causes for identity-matching errors resulting in an individual’s enrollment in a trusted traveler program being reinstated. (2) Whether the Department coordinates with the heads of other relevant Federal, State, local, Tribal, or territorial entities regarding redress procedures for disqualifying offenses not covered by the Department’s own redress processes but which offenses impact an individual’s enrollment in a trusted traveler program. (3) How the Department may improve individuals’ access to reconsideration procedures regarding a disqualifying offense for enrollment in a trusted traveler program that requires the involvement of any other Federal, State, local, Tribal, or territorial entity. (4) The extent to which travelers are informed about reconsideration procedures regarding enrollment in a trusted traveler program.", "id": "H367FD7B8B4B74FE98D0F610006F8790E", "header": "Comptroller General review of Department of Homeland Security trusted traveler programs" }, { "text": "6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon reenrollment in such a program by such an individual.", "id": "H12610FA4FC4F4A79AB679DA48B234BE7", "header": "Enrollment redress with respect to Department of Homeland Security trusted traveler programs" }, { "text": "6418. Threat information sharing \n(a) Prioritization \nThe Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under section 210A of the Homeland Security Act of 2002 ( 6 U.S.C. 124h ) from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participating State, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing, in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, of information regarding threats of terrorism and other threats, including targeted violence. (b) Intelligence products \nOfficers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on such products that relate to threats of terrorism and other threats, including targeted violence, to surface transportation assets that— (1) assist State, local, and Tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to such threats; (2) promote more consistent and timely sharing with and among jurisdictions of threat information; and (3) enhance the Department of Homeland Security’s situational awareness of such threats. (c) Clearances \nThe Secretary of Homeland Security shall make available to appropriate owners and operators of surface transportation assets, and to any other person that the Secretary determines appropriate to foster greater sharing of classified information relating to threats of terrorism and other threats, including targeted violence, to surface transportation assets, the process of application for security clearances under Executive Order No. 13549 (75 Fed. Reg. 162; relating to a classified national security information program) or any successor Executive order. (d) Report to Congress \nNot later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes a detailed description of the measures used to ensure privacy rights, civil rights, and civil liberties protections in carrying out this section. (e) GAO report \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the implementation of this section, including an assessment of the measures used to ensure privacy rights, civil rights, and civil liberties protections, and any recommendations to improve this implementation, together with any recommendations to improve information sharing with State, local, Tribal, territorial, and private sector entities to prevent, identify, and respond to threats of terrorism and other threats, including targeted violence, to surface transportation assets. (f) Definitions \nIn this section: (1) The term surface transportation asset includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1131(5) )); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of— (i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1151(4) )); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. (2) The term targeted violence means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death. (3) The term terrorism means the terms— (A) domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and (B) international terrorism (as such term is defined in section 2331(1) of title 18, United States Code).", "id": "HF4D765DA126B4E238750F07ABADAA92C", "header": "Threat information sharing" }, { "text": "6419. Local law enforcement security training \n(a) In general \nThe Secretary of Homeland Security, in consultation with public and private sector stakeholders, may in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to threats of terrorism and other threats, including targeted violence, at a surface transportation asset. (b) Requirements \nIf the Secretary of Homeland Security develops the training program described in subsection (a), such training program shall— (1) be informed by current information regarding tactics used by terrorists and others engaging in targeted violence; (2) include tactical instruction tailored to the diverse nature of the surface transportation asset operational environment; and (3) prioritize training officers from law enforcement agencies that are eligible for or receive grants under sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) and officers employed by railroad carriers that operate passenger service, including interstate passenger service. (c) Report \nIf the Secretary of Homeland Security develops the training program described in subsection (a), not later than one year after the date on which the Secretary first implements the program, and annually thereafter during each year the Secretary carries out the program, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the program. Each such report shall include, for the year covered by the report— (1) a description of the curriculum for the training and any changes to such curriculum; (2) an identification of any contracts entered into for the development or provision of training under the program; (3) information on the law enforcement agencies the personnel of which received the training, and for each such agency, the number of participants; and (4) a description of the measures used to ensure the program was carried out to provide for protections of privacy rights, civil rights, and civil liberties. (d) Definitions \nIn this section: (1) The term public and private sector stakeholders has the meaning given such term in section 114(t)(1)(c) of title 49, United States Code. (2) The term surface transportation asset includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1131(5) )); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of— (i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1151(4) )); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. (3) The term targeted violence means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death. (4) The term terrorism means the terms— (A) domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and (B) international terrorism (as such term is defined in section 2331(1) of title 18, United States Code).", "id": "H5BA60FA6CCCB47BC9333807BBA98B89D", "header": "Local law enforcement security training" }, { "text": "6420. Allowable uses of funds for public transportation security assistance grants \nSubparagraph (A) of section 1406(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135(b)(2) ; Public Law 110–53 ) is amended by inserting and associated backfill after security training.", "id": "HECBEE5F7E3F14A62A26C2DF3A30CD298", "header": "Allowable uses of funds for public transportation security assistance grants" }, { "text": "6421. Periods of performance for public transportation security assistance grants \nSection 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 ; Public Law 110–53 ) is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: (m) Periods of performance \n(1) In general \nExcept as provided in paragraph (2), funds provided pursuant to a grant awarded under this section for a use specified in subsection (b) shall remain available for use by a grant recipient for a period of not fewer than 36 months. (2) Exception \nFunds provided pursuant to a grant awarded under this section for a use specified in subparagraph (M) or (N) of subsection (b)(1) shall remain available for use by a grant recipient for a period of not fewer than 48 months..", "id": "H4799E5BAF23C429EA6DCE4208393B8CD", "header": "Periods of performance for public transportation security assistance grants" }, { "text": "6422. GAO review of public transportation security assistance grant program \n(a) In general \nThe Comptroller General of the United States shall conduct a review of the public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 ; Public Law 110–53 ). (b) Scope \nThe review required under paragraph (1) shall include the following: (1) An assessment of the type of projects funded under the public transportation security grant program referred to in such paragraph. (2) An assessment of the manner in which such projects address threats to public transportation infrastructure. (3) An assessment of the impact, if any, of sections 5342 through 5345 (including the amendments made by this Act) on types of projects funded under the public transportation security assistance grant program. (4) An assessment of the management and administration of public transportation security assistance grant program funds by grantees. (5) Recommendations to improve the manner in which public transportation security assistance grant program funds address vulnerabilities in public transportation infrastructure. (6) Recommendations to improve the management and administration of the public transportation security assistance grant program. (c) Report \nNot later than one year after the date of the enactment of this Act and again not later than five years after such date of enactment, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section.", "id": "H3871AF4D0A444A2AB59D9073B39047E4", "header": "GAO review of public transportation security assistance grant program" }, { "text": "6423. Sensitive security information; aviation security \n(a) Sensitive security information \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall— (A) ensure clear and consistent designation of Sensitive Security Information , including reasonable security justifications for such designation; (B) develop and implement a schedule to regularly review and update, as necessary, TSA Sensitive Security Information identification guidelines; (C) develop a tracking mechanism for all Sensitive Security Information redaction and designation challenges; (D) document justifications for changes in position regarding Sensitive Security Information redactions and designations, and make such changes accessible to TSA personnel for use with relevant stakeholders, including air carriers, airport operators, surface transportation operators, and State and local law enforcement, as necessary; and (E) ensure that TSA personnel are adequately trained on appropriate designation policies. (2) Stakeholder outreach \nNot later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall conduct outreach to relevant stakeholders described in paragraph (1)(D) that regularly are granted access to Sensitive Security Information to raise awareness of the TSA’s policies and guidelines governing the designation and use of Sensitive Security Information. (b) Aviation security \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop and implement guidelines with respect to domestic and last point of departure airports to— (A) ensure the inclusion, as appropriate, of air carriers, domestic airport operators, and other transportation security stakeholders in the development and implementation of security directives and emergency amendments; (B) document input provided by air carriers, domestic airport operators, and other transportation security stakeholders during the security directive and emergency amendment, development, and implementation processes; (C) define a process, including timeframes, and with the inclusion of feedback from air carriers, domestic airport operators, and other transportation security stakeholders, for cancelling or incorporating security directives and emergency amendments into security programs; (D) conduct engagement with foreign partners on the implementation of security directives and emergency amendments, as appropriate, including recognition if existing security measures at a last point of departure airport are found to provide commensurate security as intended by potential new security directives and emergency amendments; and (E) ensure that new security directives and emergency amendments are focused on defined security outcomes. (2) Briefing to Congress \nNot later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the guidelines described in paragraph (1). (3) Decisions not subject to judicial review \nNotwithstanding any other provision of law, any action of the Administrator of the Transportation Security Administration under paragraph (1) is not subject to judicial review.", "id": "H315DC765F2A54852AFC0CFA2535FE2AE", "header": "Sensitive security information; aviation security" }, { "text": "6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations \n(a) In general \nThe United States is authorized to participate in the Coalition for Epidemic Preparedness Innovations (referred to in this section as CEPI ). (b) Investors council and board of directors \n(1) Initial designation \nThe President shall designate an employee of the United States Agency for International Development to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States during the period beginning on the date of such designation and ending on September 30, 2022. (2) Ongoing designations \nThe President may designate an employee of the relevant Federal department or agency with fiduciary responsibility for United States contributions to CEPI to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States. (3) Qualifications \nAny employee designated pursuant to paragraph (1) or (2) shall have demonstrated knowledge and experience in the field of development and, if designated from a Federal department or agency with primary fiduciary responsibility for United States contributions pursuant to paragraph (2), in the field of public health, epidemiology, or medicine. (4) Coordination \nIn carrying out the responsibilities under this section, any employee designated pursuant to paragraph (1) or (2) shall coordinate with the Secretary of Health and Human Services to promote alignment, as appropriate, between CEPI and the strategic objectives and activities of the Secretary of Health and Human Services with respect to the research, development, and procurement of medical countermeasures, consistent with titles III and XXVIII of the Public Health Service Act ( 42 U.S.C. 241 et seq. and 300hh et seq.). (c) Consultation \nNot later than 60 days after the date of the enactment of this Act, the employee designated pursuant to subsection (b)(1) shall consult with the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives regarding— (1) the manner and extent to which the United States plans to participate in CEPI, including through the governance of CEPI; (2) any planned financial contributions from the United States to CEPI; and (3) how participation in CEPI is expected to support— (A) the applicable revision of the National Biodefense Strategy required under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 ( 6 U.S.C. 104 ); and (B) any other relevant programs relating to global health security and biodefense.", "id": "HD24F6933B2B342219EAC36904D3EDC02", "header": "Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations" }, { "text": "6502. Required notification and reports related to Peacekeeping Operations account \n(a) Congressional notification \nNot later than 15 days prior to the obligation of amounts made available to provide assistance pursuant to section 551 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 ), the Secretary of State shall submit to the appropriate congressional committees a notification, in accordance with the applicable procedures under section 634A of such Act ( 22 U.S.C. 2394–1 ), that includes, with respect to such assistance, the following: (1) An itemized identification of each foreign country or entity the capabilities of which the assistance is intended to support. (2) An identification of the amount, type, and purpose of assistance to be provided to each such country or entity. (3) An assessment of the capacity of each such country or entity to effectively implement, benefit from, or use the assistance to be provided for the intended purpose identified under paragraph (2). (4) A description of plans to encourage and monitor adherence to international human rights and humanitarian law by the foreign country or entity receiving the assistance. (5) An identification of any implementers, including third party contractors or other such entities, and the anticipated timeline for implementing any activities to carry out the assistance. (6) As applicable, a description of plans to sustain and account for any military or security equipment and subsistence funds provided as an element of the assistance beyond the date of completion of such activities, including the estimated cost and source of funds to support such sustainment. (7) An assessment of how such activities promote the following: (A) The diplomatic and national security objectives of the United States. (B) The objectives and regional strategy of the country or entity receiving the assistance. (C) The priorities of the United States regarding the promotion of good governance, rule of law, the protection of civilians, and human rights. (D) The peacekeeping capabilities of partner countries of the country or entity receiving the assistance, including an explanation if such activities do not support peacekeeping. (8) An assessment of the possible impact of such activities on local political and social dynamics, including a description of any consultations with local civil society. (b) Reports on programs under Peacekeeping Operations account \n(1) Annual report \nNot later than 90 days after the enactment of this Act, and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report on any security assistance made available, during the three fiscal years preceding the date on which the report is submitted, to foreign countries that received assistance authorized under section 551 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 ) for any of the following purposes: (A) Building the capacity of the foreign military, border security, or law enforcement entities, of the country. (B) Strengthening the rule of law of the country. (C) Countering violent extremist ideology or recruitment within the country. (2) Matters \nEach report under paragraph (1) shall include, with respect to each foreign country that has received assistance as specified in such paragraph, the following: (A) An identification of the authority used to provide such assistance and a detailed description of the purpose of assistance provided. (B) An identification of the amount of such assistance and the program under which such assistance was provided. (C) A description of the arrangements to sustain any equipment provided to the country as an element of such assistance beyond the date of completion of the assistance, including the estimated cost and source of funds to support such sustainment. (D) An assessment of the impact of such assistance on the peacekeeping capabilities and security situation of the country, including with respect to the levels of conflict and violence, the local, political, and social dynamics, and the human rights record, of the country. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committees on Appropriations of the Senate and of the House of Representatives.", "id": "H5C8724DF789740D1A3BE1AE254BF0992", "header": "Required notification and reports related to Peacekeeping Operations account" }, { "text": "6503. Transnational Repression Accountability and Prevention \n(a) Sense of Congress \nIt is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL's databases and processes, including Notice and Diffusion mechanisms, to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists. (b) Support for INTERPOL institutional reforms \nThe Attorney General and the Secretary of State shall— (1) use the voice, vote, and influence of the United States, as appropriate, within INTERPOL’s General Assembly and Executive Committee to promote reforms aimed at improving the transparency of INTERPOL and ensuring its operation consistent with its Constitution, particularly articles 2 and 3, and Rules on the Processing of Data, including— (A) supporting INTERPOL’s reforms enhancing the screening process for Notices, Diffusions, and other INTERPOL communications to ensure they comply with INTERPOL’s Constitution and Rules on the Processing of Data (RPD); (B) supporting and strengthening INTERPOL’s coordination with the Commission for Control of INTERPOL’s Files (CCF) in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of articles 2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit such member country from seeking the publication or issuance of any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual based on the same set of claims or facts; (C) increasing, to the extent practicable, dedicated funding to the CCF and the Notices and Diffusions Task Force in order to further expand operations related to the review of requests for red notices and red diffusions; (D) supporting candidates for positions within INTERPOL’s structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have demonstrated experience relating to and respect for the rule of law; (E) seeking to require INTERPOL in its annual report to provide a detailed account, disaggregated by member country or entity of— (i) the number of Notice requests, disaggregated by color, that it received; (ii) the number of Notice requests, disaggregated by color, that it rejected; (iii) the category of violation identified in each instance of a rejected Notice; (iv) the number of Diffusions that it cancelled without reference to decisions by the CCF; and (v) the sources of all INTERPOL income during the reporting period; and (F) supporting greater transparency by the CCF in its annual report by providing a detailed account, disaggregated by country, of— (i) the number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications; and (ii) the category of violation alleged in each such complaint; (2) inform the INTERPOL General Secretariat about incidents in which member countries abuse INTERPOL communications for politically motivated or other unlawful purposes so that, as appropriate, action can be taken by INTERPOL; and (3) request to censure member countries that repeatedly abuse and misuse INTERPOL's red notice and red diffusion mechanisms, including restricting the access of those countries to INTERPOL's data and information systems. (c) Report on INTERPOL \n(1) In general \nNot later than 180 days after the date of enactment of this Act, and biannually thereafter for a period of 4 years, the Attorney General and the Secretary of State, in consultation with the heads of other relevant United States Government departments or agencies, shall submit to the appropriate committees of Congress a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years. (2) Elements \nThe report required under paragraph (1) shall include the following elements: (A) A list of countries that the Attorney General and the Secretary determine have repeatedly abused and misused the red notice and red diffusion mechanisms for political purposes. (B) A description of the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited. (C) An assessment of the adequacy of INTERPOL mechanisms for challenging abusive requests, including the Commission for the Control of INTERPOL’s Files (CCF), an assessment of the CCF’s March 2017 Operating Rules, and any shortcoming the United States believes should be addressed. (D) A description of how INTERPOL's General Secretariat identifies requests for red notice or red diffusions that are politically motivated or are otherwise in violation of INTERPOL's rules and how INTERPOL reviews and addresses cases in which a member country has abused or misused the red notice and red diffusion mechanisms for overtly political purposes. (E) A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents. (F) A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (G) A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity. (H) A description of United States advocacy for reform and good governance within INTERPOL. (I) A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (3) Form of report \nEach report required under this subsection shall be submitted in unclassified form, but may include a classified annex, as appropriate. The unclassified portion of the report shall be posted on a publicly available website of the Department of State and of the Department of Justice. (4) Briefing \nNot later than 30 days after the submission of each report under paragraph (1), the Department of Justice and the Department of State, in coordination with other relevant United States Government departments and agencies, shall brief the appropriate committees of Congress on the content of the reports and recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL. (d) Prohibition regarding basis for extradition \nNo United States Government department or agency may extradite an individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual. (e) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (2) INTERPOL communications \nThe term INTERPOL communications means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL.", "id": "H06F9CE48FF9C42EFB77C5C0D29DE676F", "header": "Transnational Repression Accountability and Prevention" }, { "text": "6504. Human rights awareness for American athletic delegations \n(a) Sense of Congress \nIt is the sense of Congress that individuals representing the United States at international athletic competitions in foreign countries should have the opportunity to be informed about human rights and security concerns in such countries and how best to safeguard their personal security and privacy. (b) In general \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State shall devise and implement a strategy for disseminating briefing materials, including information described in subsection (c), to individuals representing the United States at international athletic competitions in a covered country. (2) Timing and form of materials \n(A) In general \nThe briefing materials referred to in paragraph (1) shall be offered not later than 180 days prior to the commencement of an international athletic competition in a covered country. (B) Form of delivery \nBriefing materials related to the human rights record of covered countries may be delivered electronically or disseminated in person, as appropriate. (C) Special consideration \nInformation briefing materials related to personal security risks may be offered electronically, in written format, by video teleconference, or prerecorded video. (3) Consultations \nIn devising and implementing the strategy required under paragraph (1), the Secretary of State shall consult with the following: (A) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate, not later than 90 days after the date of the enactment of this Act. (B) Leading human rights nongovernmental organizations and relevant subject-matter experts in determining the content of the briefings required under this subsection. (C) The United States Olympic and Paralympic Committee and the national governing bodies of amateur sports that play a role in determining which individuals represent the United States in international athletic competitions, regarding the most appropriate and effective method to disseminate briefing materials. (c) Content of briefings \nThe briefing materials required under subsection (b) shall include, with respect to a covered country hosting an international athletic competition in which individuals may represent the United States, the following: (1) Information on the human rights concerns present in such covered country, as described in the Department of State’s Annual Country Reports on Human Rights Practices. (2) Information, as applicable, on risks such individuals may face to their personal and digital privacy and security, and recommended measures to safeguard against certain forms of foreign intelligence targeting, as appropriate. (d) Covered country defined \nIn this section, the term covered country means, with respect to a country hosting an international athletic competition in which individuals representing the United States may participate, any of the following: (1) Any Communist country specified in subsection (f) of section 620 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(f) ). (2) Any country ranked as a Tier 3 country in the most recent Department of State’s annual Trafficking in Persons Report. (3) Any other country the Secretary of State determines presents serious human rights concerns for the purpose of informing such individuals. (4) Any country the Secretary of State, in consultation with other cabinet officials as appropriate, determines presents a serious counterintelligence risk.", "id": "H6C971A27DCAC47DE8D264BE78F813071", "header": "Human rights awareness for American athletic delegations" }, { "text": "6505. Cooperation between the United States and Ukraine regarding the titanium industry \n(a) Statement of policy \nIt is the policy of the United States to engage with the Government of Ukraine on cooperation in the titanium industry as a potential alternative to Chinese and Russian sources on which the United States and Europe currently depend. (b) Reporting requirement \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that describes the feasibility of utilizing titanium sources from Ukraine as a potential alternative to Chinese and Russian sources. (c) Form \nThe report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.", "id": "H478AF56DCB894B1EB7BC47779D1174D6", "header": "Cooperation between the United States and Ukraine regarding the titanium industry" }, { "text": "6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing \nThe Countering Russian Influence in Europe and Eurasia Act of 2017 ( 22 U.S.C. 9501 et seq. ) is amended— (1) in section 261(b)(2)— (A) by striking 2020 and inserting 2024 ; and (B) by striking 2022 and inserting 2026 ; (2) in section 262— (A) in paragraph (1)— (i) by striking in the documents entitled 2015 National Money Laundering Risk Assessment and 2015 National Terrorist Financing Risk Assessment , and inserting in the documents entitled 2020 National Strategy for Combating Terrorist and Other Illicit Financing and 2022 National Strategy for Combating Terrorist and Other Illicit Financing ; and (ii) by striking the broader counter terrorism strategy of the United States and inserting the broader counter terrorism and national security strategies of the United States ; (B) in paragraph (6)— (i) by striking Prevention of illicit finance and inserting prevention, detection, and disruption of illicit finance ; (ii) by striking private financial sector and inserting private sector, including financial and other relevant industries, ; and (iii) by striking with regard to the prevention and detection of illicit finance and inserting with regard to the prevention, detection, and disruption of illicit finance ; and (C) in paragraph (8), by striking such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime,.", "id": "H6E0118E3FF3940E985F4821D2BF1F80E", "header": "Updates to the National Strategy for Combating Terrorist and Other Illicit Financing" }, { "text": "6507. Report on net worth of Syrian President Bashar al-Assad \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the estimated net worth and known sources of income of Syrian President Bashar al-Assad and his family members (including spouse, children, siblings, and paternal and maternal cousins), including income from corrupt or illicit activities and including assets, investments, other business interests, and relevant beneficial ownership information. (b) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary. The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government.", "id": "HD64B39DBF3824869986F3338CB9C706B", "header": "Report on net worth of Syrian President Bashar al-Assad" }, { "text": "6508. Annual report on United States policy toward South Sudan \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the signatories to the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, signed on September 12, 2018, have delayed implementation, leading to continued conflict and instability in South Sudan; (2) despite years of fighting, 2 peace agreements, punitive actions by the international community, and widespread suffering among civilian populations, the leaders of South Sudan have failed to build sustainable peace; (3) the United Nations arms embargo on South Sudan, most recently extended by 1 year to May 31, 2022, through United Nations Security Council Resolution 2577 (2021), is necessary to stem the illicit transfer and destabilizing accumulation and misuse of small arms and light weapons in perpetuation of the conflict in South Sudan; (4) the United States should call on other member states of the United Nations to redouble efforts to enforce the United Nations arms embargo on South Sudan; and (5) the United States, through the United States Mission to the United Nations, should use its voice and vote in the United Nations Security Council in favor of maintaining the United Nations arms embargo on South Sudan until— (A) the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan is fully implemented; or (B) credible, fair, and transparent democratic elections are held in South Sudan. (b) Report required \n(1) In general \nNot later than 90 days after the date of the enactment of this Act and annually thereafter for 5 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the heads of other Federal department and agencies as necessary, shall submit to the appropriate congressional committees a report on United States policy toward South Sudan, including the most recent approved interagency strategy developed to address political, security, and humanitarian issues prevalent in the country since it gained independence from Sudan in July 2011. (2) Elements \nThe report required by paragraph (1) shall include the following: (A) An assessment of the situation in South Sudan, including the role of South Sudanese government officials in intercommunal violence, corruption, and obstruction of the peace process. (B) An assessment of the status of the implementation of the 2018 R-ARCSS and the ongoing peace processes. (C) A detailed description of United States assistance and other efforts to support peace processes in South Sudan, including an assessment of the efficacy of stakeholder engagement and United States assistance to advance peacebuilding, conflict mitigation, and other related activities. (D) An assessment of the United Nations Mission in South Sudan capacity and progress in fulfilling its mandate over the last 3 fiscal years. (E) A detailed description of United States funding for emergency and non-emergency humanitarian and development assistance to South Sudan, as well as support provided to improve anti-corruption and fiscal transparency efforts in South Sudan over the last 5 fiscal years. (F) A summary of United States efforts to promote accountability for human rights abuses and an assessment of efforts by the Government of South Sudan and the African Union, respectively, to hold responsible parties accountable. (G) Analysis of the impact of domestic and international sanctions on deterring and combating corruption, mitigating and reducing conflict, and holding those responsible for human rights abuses accountable. (H) An assessment of the prospects for, and impediments to, holding credible general elections. (3) Form \nThe report required by paragraph (1) shall be submitted in unclassified form and posted to a website of the Department of State, may include a classified annex, and shall be accompanied by a briefing as determined necessary. (c) Briefing \nNot later than 90 days after the date of the enactment of this Act and annually thereafter for 2 years, the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other Federal department and agencies as necessary, shall brief the appropriate congressional committees on United States efforts, including assistance provided by the Department of Treasury and United States law enforcement and intelligence communities, to detect and deter money laundering and counter illicit financial flows, trafficking in persons, weapons, and other illicit goods, and the financing of terrorists and armed groups. Such briefing shall be provided in unclassified setting and may include a classified briefing as determined necessary. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Banking, and the Committee on Appropriations of the Senate; (2) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.", "id": "H60346BF4C1E74094AA9F492E800CE0B1", "header": "Annual report on United States policy toward South Sudan" }, { "text": "6509. Strategy for engagement with Southeast Asia and ASEAN \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other Federal departments and agencies as appropriate, shall develop and submit to the appropriate congressional committees a comprehensive strategy for engagement with Southeast Asia and the Association of Southeast Asian Nations (ASEAN). (b) Matters To be included \nThe strategy required by subsection (a) shall include the following: (1) A statement of enduring United States interests in Southeast Asia and a description of efforts to bolster the effectiveness of ASEAN. (2) A description of efforts to— (A) deepen and expand Southeast Asian alliances, partnerships, and multilateral engagements, including efforts to expand broad based and inclusive economic growth, security ties, security cooperation and interoperability, economic connectivity, and expand opportunities for ASEAN to work with other like-minded partners in the region; and (B) encourage like-minded partners outside of the Indo-Pacific region to engage with ASEAN. (3) A summary of initiatives across the whole of the United States Government to strengthen the United States partnership with Southeast Asian nations and ASEAN, including to promote broad based and inclusive economic growth, trade, investment, energy innovation and sustainability, public-private partnerships, physical and digital infrastructure development, education, disaster management, public health and global health security, and economic, political, and public diplomacy in Southeast Asia. (4) A summary of initiatives across the whole of the United States Government to enhance the capacity of Southeast Asian nations with respect to enforcing international law and multilateral sanctions, and initiatives to cooperate with ASEAN as an institution in these areas. (5) A summary of initiatives across the whole of the United States Government to promote human rights and democracy, to strengthen the rule of law, civil society, and transparent governance, to combat disinformation and to protect the integrity of elections from outside influence. (6) A summary of initiatives to promote security cooperation and security assistance within Southeast Asian nations, including— (A) maritime security and maritime domain awareness initiatives for protecting the maritime commons and supporting international law and freedom of navigation in the South China Sea; and (B) efforts to combat terrorism, human trafficking, piracy, and illegal fishing, and promote more open, reliable routes for sea lines of communication. (c) Distribution of strategy \nFor the purposes of assuring allies and partners in Southeast Asia and deepening United States engagement with ASEAN, the Secretary of State shall direct each United States chief of mission to ASEAN and its member states to distribute the strategy required by subsection (a) to host governments. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.", "id": "HD95C0CCE14A944909FDCB0B53FCC2BC7", "header": "Strategy for engagement with Southeast Asia and ASEAN" }, { "text": "6510. Supporting democracy in Burma \n(a) Defined term \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Foreign Affairs of the House of Representatives ; (3) the Committee on Appropriations of the Senate ; (4) the Committee on Appropriations of the House of Representatives ; (5) the Committee on Armed Services of the Senate ; (6) the Committee on Armed Services of the House of Representatives ; (7) the Committee on Banking, Housing, and Urban Affairs of the Senate ; and (8) the Committee on Financial Services of the House of Representatives. (b) Briefing required \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the following officials shall jointly brief the appropriate congressional committees regarding actions taken by the United States Government to further United States policy and security objectives in Burma (officially known as the Republic of the Union of Myanmar ): (A) The Assistant Secretary of State for East Asian and Pacific Affairs. (B) The Counselor of the Department of State. (C) The Under Secretary of the Treasury for Terrorism and Financial Intelligence. (D) The Assistant to the Administrator for the Bureau for Conflict Prevention and Stabilization. (E) Additional officials from the Department of Defense or the Intelligence Community, as appropriate. (2) Information required \nThe briefing required under paragraph (1) shall include— (A) a detailed description of the specific United States policy and security objectives in Burma; (B) information about any actions taken by the United States, either directly or in coordination with other countries— (i) to support and legitimize the National Unity Government of the Republic of the Union of Myanmar, The Civil Disobedience Movement in Myanmar, and other entities promoting democracy in Burma, while simultaneously denying legitimacy and resources to the Myanmar’s military junta; (ii) to impose costs on Myanmar’s military junta, including— (I) an assessment of the impact of existing United States and international sanctions; and (II) a description of potential prospects for additional sanctions; (iii) to secure the restoration of democracy, the establishment of inclusive and representative civilian government, with a reformed military reflecting the diversity of Burma and under civilian control, and the enactment of constitutional, political, and economic reform in Burma; (iv) to secure the unconditional release of all political prisoners in Burma; (v) to promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; (vi) to ensure accountability for atrocities, human rights violations, and crimes against humanity committed by Myanmar’s military junta; and (vii) to avert a large-scale humanitarian disaster; (C) an update on the current status of United States assistance programs in Burma, including— (i) humanitarian assistance for affected populations, including internally displaced persons and efforts to mitigate humanitarian and health crises in neighboring countries and among refugee populations; (ii) democracy assistance, including support to the National Unity Government of the Republic of the Union of Myanmar and civil society groups in Burma; (iii) economic assistance; and (iv) global health assistance, including COVID–19 relief; and (D) a description of the strategic interests in Burma of the People’s Republic of China and the Russian Federation, including— (i) access to natural resources and lines of communications to sea routes; and (ii) actions taken by such countries— (I) to support Myanmar’s military junta in order to preserve or promote such interests; (II) to undermine the sovereignty and territorial integrity of Burma; and (III) to promote ethnic conflict within Burma. (c) Classification and format \nThe briefing required under subsection (b)— (1) shall be provided in an unclassified setting; and (2) may be accompanied by a separate classified briefing, as appropriate.", "id": "H42BDC51B9C574A0B9B2ADD516112CEC4", "header": "Supporting democracy in Burma" }, { "text": "6511. United States Grand Strategy with respect to China \n(a) Strategy required \n(1) In general \nNot later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall commence developing a comprehensive report that articulates the strategy of the United States with respect to the People’s Republic of China (in this section referred to as the China Strategy ) that builds on the work of such national security strategy. (2) Submittal \nNot later than 270 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall submit to Congress the China Strategy developed under paragraph (1). (3) Form \nThe China Strategy shall be submitted in classified form and shall include an unclassified summary. (b) Contents \nThe China Strategy developed under subsection (a) shall set forth the national security strategy of the United States with respect to the People’s Republic of China and shall include a comprehensive description and discussion of the following: (1) The strategy of the People’s Republic of China regarding the military, economic, and political power of China in the Indo-Pacific region and worldwide, including why the People’s Republic of China has decided on such strategy and what the strategy means for the long-term interests, values, goals, and objectives of the United States. (2) The worldwide interests, values, goals, and objectives of the United States as they relate to geostrategic and geoeconomic competition with the People’s Republic of China. (3) The foreign and economic policy, worldwide commitments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strategy of the United States as they relate to the new era of competition with the People’s Republic of China. (4) How the United States will exercise the political, economic, military, diplomatic, and other elements of its national power to protect or advance its interests and values and achieve the goals and objectives referred to in paragraph (1). (5) The adequacy of the capabilities of the United States Government to carry out the national security strategy of the United States within the context of new and emergent challenges to the international order posed by the People’s Republic of China, including an evaluation— (A) of the balance among the capabilities of all elements of national power of the United States; and (B) the balance of all United States elements of national power in comparison to equivalent elements of national power of the People’s Republic of China. (6) The assumptions and end-state or end-states of the strategy of the United States globally and in the Indo-Pacific region with respect to the People’s Republic of China. (7) Such other information as the President considers necessary to help inform Congress on matters relating to the national security strategy of the United States with respect to the People’s Republic of China. (c) Advisory Board on United States Grand Strategy with respect to China \n(1) Establishment \nThe President may establish in the executive branch an advisory board to be known as the Advisory Board on United States Grand Strategy with respect to China (in this section referred to as the Board ). (2) Purpose \nThe purpose of the Board is to convene outside experts to advise the President on development of the China Strategy. (3) Duties \n(A) Review \nThe Board shall review the current national security strategy of the United States with respect to the People’s Republic of China, including assumptions, capabilities, strategy, and end-state or end-states. (B) Assessment and recommendations \nThe Board shall analyze the United States national security strategy with respect to the People’s Republic of China, including challenging its assumptions and approach, and make recommendations to the President for the China Strategy. (C) Classified briefing \n(i) In general \nNot later than 30 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2), the Board shall provide the appropriate congressional committees a classified briefing on its review, assessment, and recommendations. (ii) Appropriate congressional committees defined \nIn this subparagraph, the term appropriate congressional committees means— (I) the congressional defense committees; (II) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (III) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Composition \n(A) Recommendations \nNot later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each provide to the President 2 candidates for membership on the Board, at least 1 of whom shall be an individual in the private sector and 1 of whom shall be an individual in academia or employed by a nonprofit research institution. (B) Membership \nThe Board shall be composed of 9 members appointed by the President as follows: (i) The National Security Advisor or such other designee as the President considers appropriate, such as the Asia Coordinator from the National Security Council. (ii) Four shall be selected from among individuals in the private sector. (iii) Four shall be selected from among individuals in academia or employed by a nonprofit research institution. (iv) Two members shall be selected from among individuals included in the list submitted by the majority leader of the Senate under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (v) Two members shall be selected from among individuals included in the list submitted by the minority leader of the Senate under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (vi) Two members shall be selected from among individuals included in the list submitted by the Speaker of the House of Representatives under subparagraph (A), or whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (vii) Two members shall be selected from among individuals included in the list submitted by the minority leader of the House of Representatives under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (C) Chairperson \nThe Chairperson of the Board shall be the member of the Board appointed under subparagraph (B)(i). (D) Nongovernmental membership; period of appointment; vacancies \n(i) Nongovernmental membership \nExcept in the case of the Chairperson of the Board, an individual appointed to the Board may not be an officer or employee of an instrumentality of government. (ii) Period of appointment \nMembers shall be appointed for the life of the Board. (iii) Vacancies \nAny vacancy in the Board shall be filled in the same manner as the original appointment. (5) Deadline for appointment \nNot later than 60 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall— (A) appoint the members of the Board pursuant to paragraph (4); and (B) submit to Congress a list of the members so appointed. (6) Experts and consultants \nThe Board is authorized to procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule under section 5315 of title 5, United States Code. (7) Security clearances \nThe appropriate Federal departments or agencies shall cooperate with the Board in expeditiously providing to the Board members and experts and consultants appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearances. (8) Receipt, handling, storage, and dissemination \nInformation shall only be received, handled, stored, and disseminated by members of the Board and any experts and consultants consistent with all applicable statutes, regulations, and Executive orders. (9) Uncompensated service \nA member of the Board who is not an officer or employee of the Federal Government shall serve without compensation. (10) Cooperation from government \nIn carrying out its duties, the Board shall receive the full and timely cooperation of the heads of relevant Federal departments and agencies in providing the Board with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (11) Termination \nThe Board shall terminate on the date that is 60 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2).", "id": "HCC1C8FE8014D44D0928ACD8CA940E54C", "header": "United States Grand Strategy with respect to China" }, { "text": "6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries \n(a) In general \nSection 2402(a)(10) of title 38, United States Code, is amended— (1) by striking the period at the end and inserting ; or ; and (2) by adding at the end the following new subparagraph: (B) who— (i) the Secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time during the period beginning on February 28, 1961, and ending on May 7, 1975; and (ii) at the time of the individual’s death— (I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and (II) resided in the United States.. (b) Effective date \nThe amendments made by this section shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (division J of Public Law 115–141 ; 132 Stat. 824).", "id": "H10D484DDC34843A3B50D7605A2E92EF3", "header": "Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries" }, { "text": "6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria \nSection 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note) is amended, in the matter before subparagraph (A), by striking or Uzbekistan and inserting , Uzbekistan, Egypt, or Syria.", "id": "H9997D1CED12B4E48ABCE3E50A986FC1F", "header": "Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria" }, { "text": "6603. Anomalous health incidents interagency coordinator \n(a) Anomalous health incidents interagency coordinator \n(1) Designation \nNot later than 30 days after the date of the enactment of this Act, the President shall designate an appropriate senior official to be known as the Anomalous Health Incidents Interagency Coordinator (in this section referred to as the Interagency Coordinator ). (2) Duties \nThe Interagency Coordinator, working through the interagency national security process, shall, with respect to anomalous health incidents— (A) coordinate the response of the United States Government to such incidents; (B) coordinate among relevant Federal agencies to ensure equitable and timely access to assessment and care for affected United States Government personnel, dependents of such personnel, and other appropriate individuals; (C) ensure adequate training and education relating to such incidents for United States Government personnel; (D) ensure that information regarding such incidents is efficiently shared across relevant Federal agencies in a manner that provides appropriate protections for classified, sensitive, and personal information; (E) coordinate, in consultation with the Director of the White House Office of Science and Technology Policy, the technological and research efforts of the United States Government to address suspected attacks presenting as such incidents; and (F) develop policy options to prevent, mitigate, and deter suspected attacks presenting as such incidents. (b) Designation of agency coordination leads \n(1) Designation; responsibilities \nThe head of each relevant agency shall designate an official appointed by the President, by and with the advice and consent of the Senate, or other appropriate senior official, who shall— (A) serve as the Anomalous Health Incident Agency Coordination Lead (in this section referred to as the Agency Coordination Lead ) for the relevant agency concerned; (B) report directly to the head of such relevant agency regarding activities carried out under this section; (C) perform functions specific to such relevant agency and related to anomalous health incidents, consistent with the directives of the Interagency Coordinator and the interagency national security process; (D) represent such relevant agency in meetings convened by the Interagency Coordinator; and (E) participate in interagency briefings to Congress regarding the response of the United States Government to anomalous health incidents, including briefings required under subsection (c). (2) Delegation prohibited \nAn Agency Coordination Lead may not delegate any of the responsibilities specified in paragraph (1). (c) Briefings \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall jointly provide to the appropriate congressional committees a briefing on progress made in carrying out the duties under subsection (b)(2). (2) Elements \nEach briefing required under paragraph (1) shall include— (A) an update on the investigation into anomalous health incidents affecting United States Government personnel and dependents of such personnel, including technical causation and suspected perpetrators; (B) an update on new or persistent anomalous health incidents; (C) a description of threat prevention and mitigation efforts with respect to anomalous health incidents, to include personnel training; (D) an identification of any changes to operational posture as a result of anomalous health threats; (E) an update on diagnosis and treatment efforts for individuals affected by anomalous health incidents, including patient numbers and wait times to access care; (F) a description of efforts to improve and encourage reporting of anomalous health incidents; (G) a detailed description of the roles and responsibilities of the Agency Coordination Leads; (H) information regarding additional authorities or resources needed to support the interagency response to anomalous health incidents; and (I) such other matters as the Interagency Coordinator or the Agency Coordination Leads may consider appropriate. (3) Unclassified briefing summary \n(A) In general \nNot later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall provide to the appropriate congressional committees a coordinated written summary of the briefings provided under paragraph (1). (B) Form \nThe summary under subparagraph (A) shall be submitted in an unclassified form to the extent practicable, consistent with the protection of intelligence sources and methods. (d) Secure reporting mechanisms \nNot later than 90 days after the date of the enactment of this section, the Interagency Coordinator shall ensure that the head of each relevant agency— (1) develops a process to provide a secure mechanism for personnel of the relevant agency concerned, the dependents of such personnel, and other appropriate individuals, to self-report any suspected exposure that could be an anomalous health incident; (2) shares all relevant data reported through such mechanism in a timely manner with the Office of the Director of National Intelligence and other relevant agencies, through existing processes coordinated by the Interagency Coordinator; and (3) in developing the mechanism pursuant to paragraph (1), prioritizes secure information collection and handling processes to protect classified, sensitive, and personal information. (e) Workforce guidance \n(1) Development and dissemination \nThe President shall direct the heads of the relevant agencies to develop and disseminate to employees of such relevant agencies who are determined to be at risk of exposure to anomalous health incidents updated workforce guidance that describes, at a minimum— (A) the threat posed by anomalous health incidents; (B) known defensive techniques with respect to anomalous health incidents; and (C) processes to self-report any suspected exposure that could be an anomalous health incident. (2) Deadline \nThe workforce guidance specified under paragraph (1) shall be developed and disseminated pursuant to such paragraph by not later than 60 days after the date of the enactment of this Act. (f) Rule of construction \nNothing in this section, including the designation of the Interagency Coordinator pursuant to subsection (a)(1), shall be construed to limit the authority of any Federal agency to independently perform the authorized functions of such agency. (g) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of State $5,000,000 for fiscal year 2022, to be used to— (1) increase capacity and staffing for the Health Incident Response Task Force of the Department of State; (2) support the development and implementation of efforts by the Department of State to prevent and mitigate anomalous health incidents affecting the workforce of the Department; (3) investigate and characterize the cause of anomalous health incidents, including investigations of causation and attribution; (4) collect and analyze data related to anomalous health incidents; (5) coordinate with other relevant agencies and the National Security Council regarding anomalous health incidents; and (6) support other activities to understand, prevent, deter, and respond to suspected attacks presenting as anomalous health incidents, at the discretion of the Secretary of State. (h) Definitions \nIn this section: (1) The term appropriate congressional committees means— (A) the Committees on Armed Services, Foreign Relations, Homeland Security and Governmental Affairs, the Judiciary, and Appropriations, and the Select Committee on Intelligence, of the Senate; and (B) the Committees on Armed Services, Foreign Affairs, Homeland Security, the Judiciary, and Appropriations, and the Permanent Select Committee on Intelligence, of the House of Representatives. (2) The term relevant Federal agencies means— (A) the Department of Defense; (B) the Department of State; (C) the Office of the Director of National Intelligence; (D) the Central Intelligence Agency; (E) the Department of Justice; (F) the Department of Homeland Security; and (G) such other Federal departments or agencies as may be designated by the Interagency Coordinator.", "id": "H0580A5BA4C964EDD883E27BF21012A68", "header": "Anomalous health incidents interagency coordinator" }, { "text": "6604. Chief Human Capital Officers Council annual report \nSubsection (d) of section 1303 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 5 U.S.C. 1401 note) is amended to read as follows: (d) Annual reports \n(1) In general \nEach year, the Chief Human Capital Officers Council shall submit to Congress a report that includes the following: (A) A description of the activities of the Council. (B) A description of employment barriers that prevent the agencies of its members from hiring qualified applicants, including those for digital talent positions, and recommendations for addressing the barriers that would allow such agencies to more effectively hire qualified applicants. (2) Public availability \nNot later than 30 days after the date on which the Council submits a report under paragraph (1), the Director of the Office of Personnel Management shall make the report publicly available on the website of the Office of Personnel Management..", "id": "H57DC09EE3129424F99EED7544011551F", "header": "Chief Human Capital Officers Council annual report" }, { "text": "6605. National Global War on Terrorism Memorial \n(a) Site \nNotwithstanding section 8908(c) of title 40, United States Code, the National Global War on Terrorism Memorial authorized by section 2(a) of the Global War on Terrorism War Memorial Act ( 40 U.S.C. 8903 note; Public Law 115–51 ; 131 Stat. 1003) (referred to in this section as the Memorial ) shall be located within the Reserve (as defined in section 8902(a) of title 40, United States Code). (b) Applicability of Commemorative Works Act \nExcept as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Memorial.", "id": "HB63E93DEDC5B43CA8587D48518B0421F", "header": "National Global War on Terrorism Memorial" }, { "text": "6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science \n(a) Establishment \nTitle I of the National Quantum Initiative Act ( 15 U.S.C. 8811 et seq. ) is amended— (1) by redesignating section 105 as section 106; and (2) by inserting after section 104 the following new section: 105. Subcommittee on the Economic and Security Implications of Quantum Information Science \n(a) Establishment \nThe President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science. (b) Membership \nThe Subcommittee shall include a representative of— (1) the Department of Energy; (2) the Department of Defense; (3) the Department of Commerce; (4) the Department of Homeland Security; (5) the Office of the Director of National Intelligence; (6) the Office of Management and Budget; (7) the Office of Science and Technology Policy; (8) the Department of Justice; (9) the National Science Foundation; (10) the National Institute of Standards and Technology; and (11) such other Federal department or agency as the President considers appropriate. (c) Responsibilities \nThe Subcommittee shall— (1) in coordination with the Director of the Office and Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development; (2) review and assess any economic or security implications of such investments; (3) review and assess any counterintelligence risks or other foreign threats to such investments; (4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other foreign threats identified as a result of an assessment under paragraph (3); (5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment; (6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States; (7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and (8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress. (d) Technical and administrative support \n(1) In general \nThe Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section. (2) Support related to classified information \nThe Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information.. (b) Sunset for Subcommittee \n(1) Inclusion in sunset provision \nSuch title is further amended in section 106, as redesignated by subsection (a), by striking 103, and 104 and inserting 103, 104, and 105. (2) Effective date \nThe amendments made by subsection (a) shall take effect as if included in the enactment of the National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ). (c) Conforming amendments \nThe National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ) is further amended— (1) in section 2, by striking paragraph (7) and inserting the following new paragraphs: (7) Subcommittee on Economic and Security Implications \nThe term Subcommittee on Economic and Security Implications means the Subcommittee on the Economic and Security Implications of Quantum Information Science established under section 105(a). (8) Subcommittee on Quantum Information Science \nThe term Subcommittee on Quantum Information Science means the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a). ; (2) in section 102(b)(1)— (A) in subparagraph (A), by striking ; and and inserting on Quantum Information Science; ; (B) in subparagraph (B), by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (C) the Subcommittee on Economic and Security Implications; ; and (3) in section 104(d)(1), by striking and the Subcommittee and inserting , the Subcommittee on Quantum Information Science, and the Subcommittee on Economic and Security Implications. (d) Clerical amendment \nThe table of contents in section 1(b) of such Act is amended by striking the item relating to section 105 and inserting the following new items: 105. Subcommittee on the Economic and Security Implications of Quantum Information Science. 106. Sunset..", "id": "H5A4E30AAD40C41C1A2455D64B2595FC2", "header": "Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science" }, { "text": "105. Subcommittee on the Economic and Security Implications of Quantum Information Science \n(a) Establishment \nThe President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science. (b) Membership \nThe Subcommittee shall include a representative of— (1) the Department of Energy; (2) the Department of Defense; (3) the Department of Commerce; (4) the Department of Homeland Security; (5) the Office of the Director of National Intelligence; (6) the Office of Management and Budget; (7) the Office of Science and Technology Policy; (8) the Department of Justice; (9) the National Science Foundation; (10) the National Institute of Standards and Technology; and (11) such other Federal department or agency as the President considers appropriate. (c) Responsibilities \nThe Subcommittee shall— (1) in coordination with the Director of the Office and Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development; (2) review and assess any economic or security implications of such investments; (3) review and assess any counterintelligence risks or other foreign threats to such investments; (4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other foreign threats identified as a result of an assessment under paragraph (3); (5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment; (6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States; (7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and (8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress. (d) Technical and administrative support \n(1) In general \nThe Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section. (2) Support related to classified information \nThe Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information.", "id": "H60A0DA93B3B04E3F802F34B7CC709A0F", "header": "Subcommittee on the Economic and Security Implications of Quantum Information Science" }, { "text": "6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies \n(a) Study \n(1) In general \nThe Secretary of Health and Human Services, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall conduct a study to identify and analyze the logistical prerequisites for the collection of unused and unexpired doses of the COVID–19 vaccine in the United States and for the distribution of such doses to foreign countries and economies. (2) Matters studied \nThe matters studied by the Secretary of Health and Human Services under paragraph (1) shall include— (A) options for the collection of unused and unexpired doses of the COVID–19 vaccine from entities in the United States; (B) methods for the collection and shipment of such doses to foreign countries and economies; (C) methods for ensuring the appropriate storage and handling of such doses during and following the distribution and delivery of the doses to such countries and economies; (D) the capacity and capability of foreign countries and economies receiving such doses to distribute and administer the doses while assuring their safety and quality; (E) the minimum supply of doses of the COVID–19 vaccine necessary to be retained within the United States; and (F) other Federal agencies with which the heads of the relevant agencies should coordinate to accomplish the tasks described in subparagraphs (A) through (E) and the degree of coordination necessary between such agencies. (b) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the other heads of the relevant agencies, shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a). (c) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Health, Education, Labor, and Pensions, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Energy and Commerce, and the Committee on Foreign Affairs of the House of Representatives. (2) Relevant agencies \nThe term relevant agencies means— (A) the Department of Health and Human Services; (B) the Department of State; and (C) the United States Agency for International Development.", "id": "H5EC9F55AB94E495E8E5169C62CF8B771", "header": "Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies" }, { "text": "6608. Catawba Indian Nation lands \n(a) Application of current law \n(1) Lands in South Carolina \nSection 14 of the Catawba Indian Tribe of South Carolina Claims Settlement Act of 1993 ( Public Law 103–116 ) shall only apply to gaming conducted by the Catawba Indian Nation on lands located in South Carolina. (2) Lands in States other than South Carolina \nGaming conducted by the Catawba Indian Nation on lands located in States other than South Carolina shall be subject to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) and sections 1166 through 1168 of title 18, United States Code. (b) Reaffirmation of status and actions \n(1) Ratification of trust status \nThe action taken by the Secretary of the Interior on July 10, 2020, to place approximately 17 acres of land located in Cleveland County, North Carolina, into trust for the benefit of the Catawba Indian Nation is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action. (2) Administration \nThe land placed into trust for the benefit of the Catawba Indian Nation by the Secretary on July 10, 2020, shall— (A) be a part of the Catawba Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe; and (B) be deemed to have been acquired and taken into trust as part of the restoration of lands for an Indian tribe that is restored to Federal recognition pursuant to section 20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(b)(1)(B)(iii) ). (3) Rules of construction \nNothing in this section shall— (A) enlarge, impair, or otherwise affect any right or claim of the Catawba Indian Nation to any land or interest in land in existence before the date of the enactment of this Act; (B) affect any water right of the Catawba Indian Nation in existence before the date of the enactment of this Act; (C) terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act; or (D) alter or diminish the right of the Catawba Indian Nation to seek to have additional land taken into trust by the United States for the benefit of the Catawba Indian Nation.", "id": "H8803A29C4FB442798E59A2ED87BBCBAE", "header": "Catawba Indian Nation lands" }, { "text": "6609. Property disposition for affordable housing \nSection 5334(h)(1) of title 49, United States Code, is amended to read as follows: (1) In general \nIf a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to— (A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides— (i) the asset will remain in public use for at least 5 years after the date the asset is transferred; (ii) there is no purpose eligible for assistance under this chapter for which the asset should be used; (iii) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and (iv) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or (B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides— (i) the asset is a necessary component of a proposed transit-oriented development project; (ii) the transit-oriented development project will increase transit ridership; (iii) at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income; (iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and (v) with respect to a transfer to a third party entity— (I) a local government authority or nonprofit organization is unable to receive the property; (II) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and (III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development..", "id": "HD18FEF5C7FCA4BBC943FFAD2E1A3AD49", "header": "Property disposition for affordable housing" }, { "text": "6610. Blocking deadly fentanyl imports \n(a) Short title \nThis section may be cited as the Blocking Deadly Fentanyl Imports Act. (b) Definitions \nSection 481(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(e) ) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking in which ; (B) in subparagraph (A), by inserting in which before 1,000 ; (C) in subparagraph (B)— (i) by inserting in which before 1,000 ; and (ii) by striking or at the end; (D) in subparagraph (C)— (i) by inserting in which before 5,000 ; and (ii) by inserting or after the semicolon; and (E) by adding at the end the following: (D) that is a significant source of illicit synthetic opioids significantly affecting the United States; ; and (2) in paragraph (4)— (A) in subparagraph (C), by striking and at the end; and (B) by adding at the end the following: (E) assistance that furthers the objectives set forth in paragraphs (1) through (4) of section 664(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2151n–2(b) ); (F) assistance to combat trafficking authorized under the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7101 et seq. )); and (G) global health assistance authorized under sections 104 through 104C of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b through 22 U.S.C. 2151b–4 ).. (c) International narcotics control strategy report \nSection 489(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a) ) is amended by adding at the end the following: (10) A separate section that contains the following: (A) An identification of the countries, to the extent feasible, that are the most significant sources of illicit fentanyl and fentanyl analogues significantly affecting the United States during the preceding calendar year. (B) A description of the extent to which each country identified pursuant to subparagraph (A) has cooperated with the United States to prevent the articles or chemicals described in subparagraph (A) from being exported from such country to the United States. (C) A description of whether each country identified pursuant to subparagraph (A) has adopted and utilizes scheduling or other procedures for illicit drugs that are similar in effect to the procedures authorized under title II of the Controlled Substances Act ( 21 U.S.C. 811 et seq. ) for adding drugs and other substances to the controlled substances schedules; (D) A description of whether each country identified pursuant to subparagraph (A) is following steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ( 21 U.S.C. 802(32) ); and (E) A description of whether each country identified pursuant to subparagraph (A) requires the registration of tableting machines and encapsulating machines or other measures similar in effect to the registration requirements set forth in part 1310 of title 21, Code of Federal Regulations, and has not made good faith efforts, in the opinion of the Secretary, to improve regulation of tableting machines and encapsulating machines.. (d) Withholding of assistance \n(1) Designation of illicit fentanyl countries without scheduling procedures \nSection 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ) is amended— (A) in the matter preceding subparagraph (A), by striking also ; (B) in subparagraph (A)(ii), by striking and at the end; (C) by redesignating subparagraph (B) as subparagraph (D); (D) by inserting after subparagraph (A) the following: (B) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a)(10) ) that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II of the Controlled Substances Act ( 21 U.S.C. 811 et seq. ) for adding drugs and other substances to the controlled substances schedules; ; and (E) in subparagraph (D), as redesignated, by striking so designated and inserting designated under subparagraph (A), (B), or (C). (2) Designation of illicit fentanyl countries without ability to prosecute criminals for the manufacture or distribution of fentanyl analogues \nSection 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ), as amended by paragraph (2), is further amended by inserting after subparagraph (B) the following: (C) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a)(10) ) that has not taken significant steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ( 21 U.S.C. 802(32) );. (3) Limitation on assistance for designated countries \nSection 706(3) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(3) ) is amended by striking also designated under paragraph (2) in the report and inserting designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph (B) or (C) of paragraph (2). (4) Exceptions to the limitation on assistance \nSection 706(5) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(5) ) is amended— (A) by redesignating subparagraph (C) as subparagraph (F); (B) by inserting after subparagraph (B) the following: (C) Notwithstanding paragraph (3), assistance to promote democracy (as described in section 481(e)(4)(E) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(e)(4)(E) )) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph. (D) Notwithstanding paragraph (3), assistance to combat trafficking (as described in section 481(e)(4)(F) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph. (E) Notwithstanding paragraph (3), global health assistance (as described in section 481(e)(4)(G) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph ; and (C) in subparagraph (F), as redesignated, by striking section clause (i) or (ii) of and inserting clause (i) or (ii) of section. (e) Effective date \nThe amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.", "id": "HA5B45A125ED04972A075956C49DEA37C", "header": "Blocking deadly fentanyl imports" } ]
986
That the bill from the Senate (S. 1605) entitled An Act to designate the National Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, and for other purposes. , do pass with the following 1. Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2022. 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into six divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (5) Division E—Department of State Authorization (6) Division F—Other Non-Department of Defense Matters. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. Sec. 5. Explanatory statement. Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS Title I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. Modification of deployment by the Army of interim cruise missile defense capability. Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters. Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters. Sec. 114. Continuation of Soldier Enhancement Program. Sec. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System. Sec. 116. Strategy and authority for the procurement of components for the next generation squad weapon. Subtitle C—Navy Programs Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Extension of report on Littoral Combat Ship mission packages. Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers. Sec. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers. Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings. Sec. 127. Report on material readiness of Virginia class submarines of the Navy. Subtitle D—Air Force Programs Sec. 131. Extension of inventory requirement for Air Force fighter aircraft. Sec. 132. Contract for logistics support for VC–25B aircraft. Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft. Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program. Sec. 136. Limitation on availability of funds pending information on bridge tanker aircraft. Sec. 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft. Sec. 138. Minimum inventory of tactical airlift aircraft. Sec. 139. Report relating to reduction of total number of tactical airlift aircraft. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program. Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy. Sec. 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities. Sec. 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program. Sec. 145. Analysis of certain radar investment options. Sec. 146. Review and briefing on fielded major weapon systems. Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats. Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Codification of National Defense Science and Technology Strategy. Sec. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders. Sec. 213. Duties and regional activities of the Defense Innovation Unit. Sec. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research. Sec. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories. Sec. 216. Improvements relating to steering committee on emerging technology and national security threats. Sec. 217. Improvements relating to national network for microelectronics research and development. Sec. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. Sec. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense. Sec. 220. Defense research and engineering activities at minority institutions. Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels. Sec. 222. Consortium to study irregular warfare. Sec. 223. Development and implementation of digital technologies for survivability and lethality testing. Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft. Sec. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base. Sec. 226. Review of artificial intelligence applications and establishment of performance metrics. Sec. 227. Modification of the joint common foundation program. Sec. 228. Executive education on emerging technologies for senior civilian and military leaders. Sec. 229. Activities to accelerate development and deployment of dual-use quantum technologies. Sec. 230. National Guard participation in microreactor testing and evaluation. Sec. 231. Pilot program on the use of private sector partnerships to promote technology transition. Sec. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense. Sec. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations. Sec. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis. Sec. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity. Sec. 236. Limitation on availability of funds for certain C–130 aircraft. Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation. Sec. 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System. Subtitle C—Plans, Reports, and Other Matters Sec. 241. Modification to annual report of the Director of Operational Test and Evaluation. Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft. Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft. Sec. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory. Sec. 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories. Sec. 246. Report on autonomy integration in major weapon systems. Sec. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense. Title III—Operation and Maintenance Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents. Sec. 312. Energy efficiency targets for Department of Defense data centers. Sec. 313. Grants for maintaining or improving military installation resilience. Sec. 314. Maintenance of current analytical tools in evaluating energy resilience measures. Sec. 315. Authority to transfer amounts derived from energy cost savings. Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States. Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience. Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i. Sec. 319. Energy, water, and waste net-zero requirement for major military installations. Sec. 320. Demonstration program on domestic production of rare earth elements from coal byproducts. Sec. 321. Long-duration demonstration initiative and joint program. Sec. 322. Pilot program to test new software to track emissions at certain military installations. Sec. 323. Department of Defense plan to reduce greenhouse gas emissions. Subtitle C—National Security Climate Resilience Sec. 331. Definitions. Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense. Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base. Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense. Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam. Sec. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam. Sec. 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances. Sec. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam. Sec. 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances. Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations. Subtitle E—Logistics and Sustainment Sec. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand. Sec. 352. Global bulk fuel management and delivery. Sec. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation. Sec. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations. Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy. Sec. 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs. Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts. Subtitle F—Reports Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports. Sec. 362. Annual report on material readiness of Navy ships. Sec. 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons. Sec. 364. Strategy and annual report on critical language proficiency of special operations forces. Subtitle G—Other Matters Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters. Sec. 372. Establishment of Joint Safety Council. Sec. 373. Improvements and clarifications related to military working dogs. Sec. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative. Sec. 375. Authority to maintain access to category 3 subterranean training facility. Sec. 376. Accident Investigation Review Board. Sec. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents. Sec. 378. Requirements relating to emissions control tactics, techniques, and procedures. Sec. 379. Management of fatigue among crew of naval surface ships and related improvements. Sec. 380. Authority for activities to improve next generation radar systems capabilities. Sec. 381. Pilot program on military working dog and explosives detection canine health and excellence. Sec. 382. Department of Defense response to military lazing incidents. Title IV—Military Personnel Authorizations Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Sec. 403. Additional authority to vary Space Force end strength. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. Title V—Military Personnel Policy Subtitle A— Officer Personnel Policy Sec. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements. Sec. 502. Time in grade requirements. Sec. 503. Authority to vary number of Space Force officers considered for promotion to major general. Sec. 504. Seaman to Admiral-21 program: credit towards retirement. Sec. 505. Independent assessment of retention of female surface warfare officers. Sec. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). Subtitle B—Reserve Component Management Sec. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences. Sec. 512. Prohibition on private funding for interstate deployment of National Guard. Sec. 513. Access to Tour of Duty system. Sec. 514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard. Sec. 515. Continued National Guard support for FireGuard program. Sec. 516. Enhancement of National Guard Youth Challenge Program. Sec. 517. Report on methods to enhance support from the reserve components in response to catastrophic incidents. Sec. 518. Study on reapportionment of National Guard force structure based on domestic responses. Sec. 519. Briefing on Junior Reserve Officers’ Training Corps program. Subtitle C—General Service Authorities and Military Records Sec. 521. Reduction in service commitment required for participation in career intermission program of a military department. Sec. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments. Sec. 523. Notice program relating to options for naturalization. Sec. 524. Appeals to Physical Evaluation Board determinations of fitness for duty. Sec. 525. Command oversight of military privatized housing as element of performance evaluations. Sec. 526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States. Sec. 527. Enhancements to national mobilization exercises. Sec. 528. Temporary exemption from end strength grade restrictions for the Space Force. Sec. 529. Report on exemptions and deferments for a possible military draft. Sec. 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service. Sec. 529B. Study and report on administrative separation boards. Subtitle D—Military Justice Reform Part 1—Special Trial Counsel Sec. 531. Special trial counsel. Sec. 532. Policies with respect to special trial counsel. Sec. 533. Definition of military magistrate, covered offense, and special trial counsel. Sec. 534. Clarification relating to who may convene courts-martial. Sec. 535. Detail of trial counsel. Sec. 536. Preliminary hearing. Sec. 537. Advice to convening authority before referral for trial. Sec. 538. Former jeopardy. Sec. 539. Plea agreements. Sec. 539A. Determinations of impracticability of rehearing. Sec. 539B. Applicability to the United States Coast Guard. Sec. 539C. Effective date. Part 2—Sexual Harassment; Sentencing Reform Sec. 539D. Inclusion of sexual harassment as general punitive article. Sec. 539E. Sentencing reform. Part 3—Reports and other matters Sec. 539F. Briefing and report on resourcing required for implementation. Sec. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military. Subtitle E—Other Military Justice and Legal Matters Sec. 541. Rights of the victim of an offense under the Uniform Code of Military Justice. Sec. 542. Conduct unbecoming an officer. Sec. 543. Independent investigation of complaints of sexual harassment. Sec. 544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons. Sec. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial. Sec. 546. Civilian positions to support Special Victims’ Counsel. Sec. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law. Sec. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown. Sec. 549. Activities to improve family violence prevention and response. Sec. 549A. Annual primary prevention research agenda. Sec. 549B. Primary prevention workforce. Sec. 549C. Reform and improvement of military criminal investigative organizations. Sec. 549D. Military defense counsel. Sec. 549E. Full functionality of Military Justice Review Panel. Sec. 549F. Military service independent racial disparity review. Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system. Sec. 549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims. Sec. 549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces. Sec. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty. Sec. 549K. Amendments to additional Deputy Inspector General of the Department of Defense. Sec. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces. Sec. 549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism. Sec. 549N. Combating foreign malign influence. Subtitle F—Member Education, Training, and Transition Sec. 551. Troops-to-Teachers Program. Sec. 552. Codification of human relations training for certain members of the Armed Forces. Sec. 553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress. Sec. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired. Sec. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely. Sec. 556. Defense Language Institute Foreign Language Center. Sec. 557. United States Naval Community College. Sec. 558. Codification of establishment of United States Air Force Institute of Technology. Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits. Sec. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen. Sec. 559B. Defense language continuing education program. Sec. 559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system. Sec. 559D. Professional military education: report; definition. Sec. 559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors. Sec. 559F. Report on status of Army Tuition Assistance Program Army IgnitED program. Sec. 559G. Briefing on cadets and midshipmen with speech disorders. Subtitle G—Military Family Readiness and Dependents’ Education Sec. 561. Expansion of support programs for special operations forces personnel and immediate family members. Sec. 562. Improvements to the Exceptional Family Member Program. Sec. 563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 564. Pilot program to establish employment fellowship opportunities for military spouses. Sec. 565. Policy regarding remote military installations. Sec. 566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources. Sec. 567. Study on employment of military spouses. Sec. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families. Sec. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs. Sec. 569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program. Sec. 569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report. Subtitle H—Diversity and Inclusion Sec. 571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces. Sec. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino. Sec. 573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting. Sec. 574. Extension of deadline for GAO report on equal opportunity at the military service academies. Subtitle I—Decorations and Awards, Miscellaneous Reports, and Other Matters Sec. 581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test. Sec. 582. Authorizations for certain awards. Sec. 583. Establishment of the Atomic Veterans Commemorative Service Medal. Sec. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery. Sec. 585. Reports on security force personnel performing protection level one duties. Sec. 586. GAO study on tattoo policies of the Armed Forces. Sec. 587. Briefing regarding best practices for community engagement in Hawaii. Title VI—Compensation and Other Personnel Benefits Subtitle A—Pay and Allowances Sec. 601. Basic needs allowance for members on active service in the Armed Forces. Sec. 602. Equal incentive pay for members of the reserve components of the Armed Forces. Sec. 603. Expansions of certain travel and transportation authorities. Sec. 604. Repeal of expiring travel and transportation authorities. Sec. 605. Requirements in connection with suspension of retired pay and retirement annuities. Sec. 606. Report on relationship between basic allowance for housing and sizes of military families. Sec. 607. Report on certain moving expenses for members of the Armed Forces. Sec. 608. Report on temporary lodging expenses in competitive housing markets. Sec. 609. Report on rental partnership programs. Subtitle B—Bonus and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C—Family and Survivor Benefits Sec. 621. Extension of paid parental leave. Sec. 622. Bereavement leave for members of the Armed Forces. Sec. 623. Travel and transportation allowances for family members to attend the funeral and memorial services of members. Sec. 624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care. Sec. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States. Sec. 626. Casualty assistance program: reform; establishment of working group. Subtitle D—Defense Resale Matters Sec. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores. Subtitle E—Miscellaneous Rights and Benefits Sec. 641. Alexander Lofgren Veterans in Parks program. Title VII—Health Care Provisions Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Eating disorders treatment for certain members of the Armed Forces and dependents. Sec. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program. Sec. 703. Revisions to TRICARE provider networks. Sec. 704. Self-initiated referral process for mental health evaluations of members of the Armed Forces. Sec. 705. Modifications to pilot program on health care assistance system. Sec. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program. Sec. 707. Improvement of postpartum care for members of the Armed Forces and dependents. Subtitle B—Health Care Administration Sec. 711. Modification of certain Defense Health Agency organization requirements. Sec. 712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development. Sec. 713. Authorization of program to prevent fraud and abuse in the military health system. Sec. 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities. Sec. 715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 716. Establishment of Department of Defense system to track and record information on vaccine administration. Sec. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components. Sec. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees. Sec. 719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs. Sec. 720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines. Sec. 721. Establishment of centers of excellence for enhanced treatment of ocular injuries. Sec. 722. Implementation of integrated product for management of population health across military health system. Sec. 723. Digital health strategy of Department of Defense. Sec. 724. Development and update of certain policies relating to military health system and integrated medical operations. Sec. 725. Mandatory training on health effects of burn pits. Sec. 726. Standardization of definitions used by the Department of Defense for terms related to suicide. Subtitle C—Reports and Other Matters Sec. 731. Modifications and reports related to military medical manning and medical billets. Sec. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions. Sec. 733. Pilot program on cardiac screening at certain military service academies. Sec. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities. Sec. 735. Prohibition on availability of funds for certain research connected to China. Sec. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine. Sec. 737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program. Sec. 738. Independent review of suicide prevention and response at military installations. Sec. 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam. Sec. 740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty. Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record program. Sec. 742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system. Sec. 743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office. Sec. 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes. Sec. 745. Briefing on substance abuse in the Armed Forces. Title VIII—Acquisition Policy, Acquisition Management, and Related Matters Subtitle A—Acquisition Policy and Management Sec. 801. Acquisition workforce educational partnerships. Sec. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations. Sec. 803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures. Sec. 804. Modifications to contracts subject to cost or pricing data certification. Sec. 805. Two-year extension of Selected Acquisition Report requirement. Sec. 806. Annual report on highest and lowest performing acquisition programs of the Department of Defense. Sec. 807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services. Sec. 808. Briefing on transparency for certain domestic procurement waivers. Sec. 809. Report on violations of certain domestic preference laws. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 811. Certain multiyear contracts for acquisition of property: budget justification materials. Sec. 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures. Sec. 813. Office of Corrosion Policy and Oversight employee training requirements. Sec. 814. Modified condition for prompt contract payment eligibility. Sec. 815. Modification to procurement of services: data analysis and requirements validation. Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels. Sec. 817. Repeal of preference for fixed-price contracts. Subtitle C—Provisions Relating to Other Transaction Authority Sec. 821. Modification of other transaction authority for research projects. Sec. 822. Modification of prize authority for advanced technology achievements. Sec. 823. Pilot program on systems engineering determinations. Sec. 824. Recommendations on the use of other transaction authority. Sec. 825. Reporting requirement for certain defense acquisition activities. Subtitle D—Provisions Relating to Software and Technology Sec. 831. Technology protection features activities. Sec. 832. Modification of enhanced transfer of technology developed at Department of Defense laboratories. Sec. 833. Pilot program on acquisition practices for emerging technologies. Sec. 834. Pilot program to accelerate the procurement and fielding of innovative technologies. Sec. 835. Independent study on technical debt in software-intensive systems. Sec. 836. Cadre of software development and acquisition experts. Subtitle E—Provisions Relating to Supply Chain Security Sec. 841. Modernization of acquisition processes to ensure integrity of industrial base. Sec. 842. Modification to analyses of certain activities for action to address sourcing and industrial capacity. Sec. 843. Assuring integrity of overseas fuel supplies. Sec. 844. Assessment of requirements for certain items to address supply chain vulnerabilities. Sec. 845. Department of Defense research and development priorities. Sec. 846. Report on the Manufacturing Engineering Education Program. Sec. 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries. Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region. Subtitle F—Industrial Base Matters Sec. 851. Modifications to printed circuit board acquisition restrictions. Sec. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries. Sec. 853. Additional testing of commercial e-commerce portal models. Sec. 854. Requirement for industry days and requests for information to be open to allied defense contractors. Sec. 855. Employment transparency regarding individuals who perform work in the People’s Republic of China. Sec. 856. Briefing on compliance with contractor lobbying restrictions. Sec. 857. Congressional oversight of personnel and contracts of private security contractors. Subtitle G—Small Business Matters Sec. 861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold. Sec. 862. Modification to the pilot program for streamlining awards for innovative technology projects. Sec. 863. Protests and appeals relating to eligibility of business concerns. Sec. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns. Sec. 865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program. Sec. 866. Report on Cybersecurity Maturity Model Certification effects on small business. Sec. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards. Subtitle H—Other Matters Sec. 871. Mission management pilot program. Sec. 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps. Sec. 873. Independent study on acquisition practices and policies. Sec. 874. Pilot program to incentivize contracting with employee-owned businesses. Sec. 875. Guidance, training, and report on place of performance contract requirements. Sec. 876. Notification of certain intergovernmental support agreements. Sec. 877. Report on requests for equitable adjustment in Department of the Navy. Sec. 878. Military standards for armor materials in vehicle specifications. Title IX—Department of Defense Organization and Management Sec. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions. Sec. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity. Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. Sec. 904. Implementation of repeal of Chief Management Officer of the Department of Defense. Sec. 905. Space Force organizational matters and modification of certain space-related acquisition authorities. Sec. 906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program. Sec. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy. Sec. 908. Management innovation activities. Sec. 909. Digital talent recruiting officer. Sec. 910. Cross-functional team for emerging threat relating to anomalous health incidents. Sec. 911. Alignment of Close Combat Lethality Task Force. Sec. 912. Independent review of and report on the Unified Command Plan. Sec. 913. Study and report on the role and organization of space assets in the reserve components. Title X—General Provisions Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund. Sec. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process. Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform. Subtitle B—Counterdrug Activities Sec. 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. Sec. 1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Subtitle C—Naval Vessels and Shipyards Sec. 1011. Modification to annual naval vessel construction plan. Sec. 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair. Sec. 1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program. Sec. 1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life. Sec. 1015. Biennial report on shipbuilder training and the defense industrial base. Sec. 1016. Annual report on ship maintenance. Sec. 1017. Navy battle force ship assessment and requirement reporting. Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats. Sec. 1019. Availability of funds for retirement or inactivation of guided missile cruisers. Sec. 1020. Review of sustainment key performance parameters for shipbuilding programs. Sec. 1021. Assessment of security of global maritime chokepoints. Sec. 1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations. Subtitle D—Counterterrorism Sec. 1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense. Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Congressional oversight of alternative compensatory control measures. Sec. 1042. Modification of notification requirements for sensitive military operations. Sec. 1043. Authority to provide space and services to military welfare societies. Sec. 1044. Congressional notification of significant Army force structure changes. Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus. Sec. 1046. Comparative testing reports for certain aircraft. Sec. 1047. Special operations forces joint operating concept for competition and conflict. Sec. 1048. Limitation on availability of certain funding for operation and maintenance. Sec. 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment. Sec. 1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings. Sec. 1051. Survey on relations between members of the Armed Forces and military communities. Sec. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements. Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern. Subtitle F—Studies and Reports Sec. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review. Sec. 1062. Public availability of semi-annual summaries of reports. Sec. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense. Sec. 1064. Continuation of certain Department of Defense reporting requirements. Sec. 1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires. Sec. 1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan. Sec. 1067. Biennial assessments of Air Force Test Center. Sec. 1068. Report on 2019 World Military Games. Sec. 1069. Reports on oversight of Afghanistan. Sec. 1070. Study and report on Department of Defense excess personal property program. Sec. 1071. Optimization of Irregular Warfare Technical Support Directorate. Sec. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data. Sec. 1073. Required review of Department of Defense unmanned aircraft systems categorization. Sec. 1074. Annual report and briefing on Global Force Management Allocation Plan. Sec. 1075. Report on World War I and Korean War era Superfund facilities. Sec. 1076. Report on implementation of irregular warfare strategy. Sec. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service. Sec. 1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment. Subtitle G—Other Matters Sec. 1081. Technical, conforming, and clerical amendments. Sec. 1082. Modification to Regional Centers for Security Studies. Sec. 1083. Improvement of transparency and congressional oversight of civil reserve air fleet. Sec. 1084. Observance of National Atomic Veterans Day. Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations. Sec. 1086. National Museum of the Surface Navy. Sec. 1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport. Sec. 1088. Treatment of operational data from Afghanistan. Sec. 1089. Responsibilities for national mobilization; personnel requirements. Sec. 1090. Independent assessment with respect to Arctic region. Sec. 1091. National Security Commission on Emerging Biotechnology. Sec. 1092. Quarterly security briefings on Afghanistan. Sec. 1093. Transition of funding for non-conventional assisted recovery capabilities. Sec. 1094. Afghanistan War Commission Act of 2021. Sec. 1095. Commission on the National Defense Strategy. Title XI—Civilian Personnel Matters Sec. 1101. Amendment to diversity and inclusion reporting. Sec. 1102. Civilian personnel management. Sec. 1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense. Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies. Sec. 1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense. Sec. 1106. Repeal of 2-year probationary period. Sec. 1107. Modification of DARPA personnel management authority to attract science and engineering experts. Sec. 1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels. Sec. 1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia. Sec. 1110. Treatment of hours worked under a qualified trade-of-time arrangement. Sec. 1111. Parental bereavement leave. Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel. Sec. 1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1115. Assessment of Accelerated Promotion Program suspension. Sec. 1116. Increase in allowance based on duty at remote worksites. Sec. 1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. Sec. 1118. Occupational series for digital career fields. Title XII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel. Sec. 1202. Authority for certain reimbursable interchange of supplies and services. Sec. 1203. Extension of support of special operations for irregular warfare. Sec. 1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces. Sec. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security. Sec. 1206. Security cooperation strategy for certain combatant commands. Sec. 1207. Report on security cooperation programs. Subtitle B—Matters relating to Afghanistan and Pakistan Sec. 1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan. Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban. Sec. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan. Sec. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces. Sec. 1216. Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information. Sec. 1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan. Subtitle C—Matters relating to Syria, Iraq, and Iran Sec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1222. Defense and diplomatic strategy for Syria. Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1225. Prohibition on transfers to Badr Organization. Sec. 1226. Prohibition on transfers to Iran. Sec. 1227. Report on the military capabilities of Iran and related activities. Sec. 1228. Sense of Congress on enrichment of uranium by Iran. Subtitle D—Matters relating to Russia Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation. Sec. 1232. Extension of Ukraine Security Assistance Initiative. Sec. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises. Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member. Subtitle E—Matters relating to the Indo-Pacific Region Sec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative. Sec. 1242. Extension and modification of Pacific Deterrence Initiative. Sec. 1243. Modification of annual report on military and security developments involving the People's Republic of China. Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action. Sec. 1246. Sense of Congress on Taiwan defense relations. Sec. 1247. Statement of policy on Taiwan. Sec. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support. Sec. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan. Sec. 1250. Feasibility report on establishing military-to-military crisis communications capabilities. Sec. 1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications. Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region. Title XIII—Other matters relating to foreign nations Subtitle A—Matters relating to Europe and NATO Sec. 1301. Sense of Congress on North Atlantic Treaty Organization allies and partners. Sec. 1302. Report on Armenia-Azerbaijan conflict. Sec. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative. Subtitle B—United States-Greece Defense and Interparliamentary Partnership Act of 2021 Sec. 1311. Sense of Congress. Sec. 1312. Funding for the European Recapitalization Incentive Program. Sec. 1313. Sense of Congress on loan program. Sec. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece. Sec. 1315. IMET cooperation with Greece. Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group. Sec. 1317. Appropriate congressional committees. Subtitle C—Security cooperation and assistance Sec. 1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program. Sec. 1322. Foreign Area Officer assessment and review. Sec. 1323. Study on certain security cooperation programs. Sec. 1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome. Subtitle D—Other matters Sec. 1331. Extension and modification of authority for certain payments to redress injury and loss. Sec. 1332. Secretary of Defense Strategic Competition Initiative. Sec. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017. Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors. Sec. 1336. Security assistance in Northern Triangle countries. Sec. 1337. Report on human rights in Colombia. Sec. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean. Sec. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1340. Statement of policy and report on Yemen. Sec. 1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises. Title XIV—Other Authorizations Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B—Other Matters Sec. 1411. Acquisition of strategic and critical materials from the national technology and industrial base. Sec. 1412. Authorization to loan materials in National Defense Stockpile. Sec. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home. Title XV—Cyberspace-related Matters Subtitle A—Matters Related to Cyber Operations and Cyber Forces Sec. 1501. Development of taxonomy of cyber capabilities. Sec. 1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard. Sec. 1503. Modification of the Principal Cyber Advisor. Sec. 1504. Evaluation of Department of Defense cyber governance. Sec. 1505. Operational technology and mission-relevant terrain in cyberspace. Sec. 1506. Matters concerning cyber personnel requirements. Sec. 1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command. Sec. 1508. Coordination between United States Cyber Command and private sector. Sec. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities. Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure. Sec. 1511. Comparative analysis of cybersecurity capabilities. Sec. 1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services. Sec. 1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure. Subtitle B—Matters Related to Department of Defense Cybersecurity and Information Technology Sec. 1521. Enterprise-wide procurement of cyber data products and services. Sec. 1522. Legacy information technologies and systems accountability. Sec. 1523. Update relating to responsibilities of Chief Information Officer. Sec. 1524. Protective Domain Name System within the Department of Defense. Sec. 1525. Cybersecurity of weapon systems. Sec. 1526. Assessment of controlled unclassified information program. Sec. 1527. Cyber data management. Sec. 1528. Zero trust strategy, principles, model architecture, and implementation plans. Sec. 1529. Demonstration program for automated security validation tools. Sec. 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters. Sec. 1531. Digital development infrastructure plan and working group. Sec. 1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department. Sec. 1533. Report on the Cybersecurity Maturity Model Certification program. Sec. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system. Subtitle C—Matters Related to Federal Cybersecurity Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems. Sec. 1542. Cybersecurity vulnerabilities. Sec. 1543. Report on cybersecurity vulnerabilities. Sec. 1544. Competition relating to cybersecurity vulnerabilities. Sec. 1545. Strategy. Sec. 1546. Cyber incident response plan. Sec. 1547. National cyber exercise program. Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency. Sec. 1549. Strategic assessment relating to innovation of information systems and cybersecurity threats. Sec. 1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations. Sec. 1551. United States-Israel cybersecurity cooperation. Sec. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis. Title XVI—Space Activities, Strategic Programs, and Intelligence Matters Subtitle A—Space Activities Sec. 1601. National security space launch program. Sec. 1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration. Sec. 1603. Delegation of Authorities to Space Development Agency. Sec. 1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise. Sec. 1605. Improvements to tactically responsive space launch program. Sec. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing. Sec. 1607. Programs of record of Space Force and commercial capabilities. Sec. 1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force. Sec. 1609. Classification review of programs of the Space Force. Sec. 1610. Report on Range of the Future initiative of the Space Force. Sec. 1611. Space policy review. Sec. 1612. Annual briefing on threats to space operations. Sec. 1613. National Security Council briefing on potential harmful interference to Global Positioning System. Sec. 1614. Non-geostationary orbit satellite constellations. Sec. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development. Subtitle B—Defense Intelligence and Intelligence-Related Activities Sec. 1621. Notification of certain threats to United States Armed Forces by foreign governments. Sec. 1622. Strategy and plan to implement certain defense intelligence reforms. Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense. Sec. 1624. Report on explosive ordnance intelligence matters. Subtitle C—Nuclear Forces Sec. 1631. Participation in United States Strategic Command strategic deterrence exercises. Sec. 1632. Modification to requirements relating to nuclear force reductions. Sec. 1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States. Sec. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems. Sec. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe. Sec. 1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device. Sec. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon. Sec. 1638. Mission-design series popular name for ground-based strategic deterrent. Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile. Sec. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile. Sec. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles. Sec. 1643. Revised nuclear posture review. Sec. 1644. Review of safety, security, and reliability of nuclear weapons and related systems. Sec. 1645. Long-range standoff weapon. Sec. 1646. Ground-based strategic deterrent development program accountability matrices. Sec. 1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force. Sec. 1648. Notification regarding intercontinental ballistic missiles of China. Sec. 1649. Independent review of nuclear command, control, and communications system. Sec. 1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program. Sec. 1651. Report on re-alerting long-range bombers. Sec. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements. Sec. 1653. Briefing on consultations with United States allies regarding Nuclear Posture Review. Subtitle D—Missile Defense Programs Sec. 1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency. Sec. 1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites. Sec. 1663. Extension of period for transition of ballistic missile defense programs to military departments. Sec. 1664. Directed energy programs for ballistic and hypersonic missile defense. Sec. 1665. Guam integrated air and missile defense system. Sec. 1666. Missile defense radar in Hawaii. Sec. 1667. Certification required for Russia and China to tour certain missile defense sites. Sec. 1668. Next generation interceptors for missile defense of the United States homeland. Sec. 1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1670. Update of study on discrimination capabilities of the ballistic missile defense system. Sec. 1671. Semiannual updates on meetings held by the Missile Defense Executive Board. Sec. 1672. Matters regarding Integrated Deterrence Review. Sec. 1673. Semiannual notifications regarding missile defense tests and costs. Sec. 1674. Report on senior leadership of Missile Defense Agency. Sec. 1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense. Subtitle E—Other matters Sec. 1681. Cooperative threat reduction funds. Sec. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48. Sec. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena. Sec. 1684. Determination on certain activities with unusually hazardous risks. Sec. 1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands. Sec. 1686. Protection of Major Range and Test Facility Base. Sec. 1687. Congressional Commission on the Strategic Posture of the United States. Title XVII—Technical Amendments Related to the Transfer and Reorganization of Defense Acquisition Statutes Sec. 1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA. Sec. 1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes. Division B—Military Construction Authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries. Title XXI—Army Military Construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project. Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas. Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project. Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project. Title XXII—Navy Military Construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Title XXIII—Air Force Military Construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects. Sec. 2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida. Title XXIV—Defense Agencies Military Construction Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects. Title XXV—International Programs Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. Sec. 2512. Republic of Poland funded construction projects. Title XXVI—Guard and Reserve Forces Facilities Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Title XXVII—Base Realignment and Closure Activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado. Title XXVIII—Military Construction General Provisions Subtitle A—Military Construction Program Changes Sec. 2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects. Sec. 2802. Limitations on authorized cost and scope of work variations. Sec. 2803. Department of Defense stormwater management projects for military installations and defense access roads. Sec. 2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation. Sec. 2805. Flood risk management for military construction. Sec. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States. Subtitle B—Continuation of Military Housing Reforms Sec. 2811. Modification of calculation of military housing contractor pay for privatized military housing. Sec. 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled. Sec. 2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent. Sec. 2814. Required investments in improving military unaccompanied housing. Sec. 2815. Improvement of security of lodging and living spaces on military installations. Sec. 2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel. Subtitle C—Real Property and Facilities Administration Sec. 2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy. Sec. 2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations. Subtitle D—Military Facilities Master Plan Requirements Sec. 2831. Cooperation with State and local governments in development of master plans for major military installations. Sec. 2832. Additional changes to requirements regarding master plans for major military installations. Sec. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations. Sec. 2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements. Subtitle E—Matters Related to Unified Facilities Criteria and Military Construction Planning and Design Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects. Sec. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems. Sec. 2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations. Sec. 2844. Additional Department of Defense activities to improve energy resiliency of military installations. Subtitle F—Land Conveyances Sec. 2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California. Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts. Sec. 2853. Land conveyance, Saint Joseph, Missouri. Sec. 2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri. Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina. Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia. Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia. Subtitle G—Authorized Pilot Programs Sec. 2861. Pilot program on increased use of sustainable building materials in military construction. Sec. 2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force. Subtitle H—Asia-Pacific and Indo-Pacific Issues Sec. 2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific. Sec. 2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i. Sec. 2873. Hawai‘i Military Land Use Master Plan. Subtitle I—One-Time Reports and Other Matters Sec. 2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities. Sec. 2882. GAO review and report of military construction contracting at military installations inside the United States. Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111. Plutonium pit production capacity. Sec. 3112. Improvements to cost estimates informing analyses of alternatives. Sec. 3113. University-based defense nuclear policy collaboration program. Sec. 3114. Defense environmental cleanup programs. Sec. 3115. Modification of requirements for certain construction projects. Sec. 3116. Updates to infrastructure modernization initiative. Sec. 3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3119. Extension of enhanced procurement authority to manage supply chain risk. Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads. Sec. 3121. Portfolio management framework for National Nuclear Security Administration. Subtitle C—Reports and other matters Sec. 3131. Modifications to certain reporting requirements. Sec. 3132. Modification to terminology for reports on financial balances for atomic energy defense activities. Sec. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile. Sec. 3134. Report on plant-directed research and development. Sec. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials. Sec. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio. Sec. 3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities. Sec. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration. Sec. 3139. Study on the W80–4 nuclear warhead life extension program. Sec. 3140. Study on Runit Dome and related hazards. Sec. 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing. Title XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board. Title XXXIV—Naval Petroleum Reserves Sec. 3401. Authorization of appropriations. Title XXXV—Maritime Security Subtitle A—Maritime Administration Sec. 3501. Authorization of the Maritime Administration. Subtitle B—Other Matters Sec. 3511. Effective period for issuance of documentation for recreational vessels. Sec. 3512. Committees on maritime matters. Sec. 3513. Port Infrastructure Development Program. Sec. 3514. Uses of emerging marine technologies and practices. Sec. 3515. Prohibition on participation of long term charters in Tanker Security Fleet. Sec. 3516. Coastwise endorsement. Sec. 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing. Sec. 3518. Authorization to purchase duplicate medals. Division D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. Title XLI—PROCUREMENT Sec. 4101. Procurement. Title XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. Title XLIII—OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. Title XLIV—MILITARY PERSONNEL Sec. 4401. Military personnel. Title XLV—OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. Title XLVI—MILITARY CONSTRUCTION Sec. 4601. Military construction. Title XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs. Division E—Department of State Authorization Act of 2021 Sec. 5001. Short title. Sec. 5002. Definitions. Title LI—Organization and Operations of the Department of State Sec. 5101. Sense of Congress on importance of Department of State’s work. Sec. 5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs. Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. Sec. 5104. Office of International Disability Rights. Sec. 5105. Special appointment authority. Sec. 5106. Repeal of authority for Special Representative and Policy Coordinator for Burma. Sec. 5107. Anti-piracy information sharing. Sec. 5108. Importance of foreign affairs training to national security. Sec. 5109. Classification and assignment of Foreign Service officers. Sec. 5110. Reporting on implementation of GAO recommendations. Sec. 5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments. Sec. 5112. Art in embassies. Sec. 5113. International fairs and expositions. Sec. 5114. Amendment or repeal of reporting requirements. Title LII—Embassy Construction Sec. 5201. Embassy security, construction, and maintenance. Sec. 5202. Standard design in capital construction. Sec. 5203. Capital construction transparency. Sec. 5204. Contractor performance information. Sec. 5205. Growth projections for new embassies and consulates. Sec. 5206. Long-range planning process. Sec. 5207. Value engineering and risk assessment. Sec. 5208. Business volume. Sec. 5209. Embassy security requests and deficiencies. Sec. 5210. Overseas security briefings. Sec. 5211. Contracting methods in capital construction. Sec. 5212. Competition in embassy construction. Sec. 5213. Statement of policy. Sec. 5214. Definitions. Title LIII—Personnel Issues Sec. 5301. Defense Base Act insurance waivers. Sec. 5302. Study on Foreign Service allowances. Sec. 5303. Science and technology fellowships. Sec. 5304. Travel for separated families. Sec. 5305. Home leave travel for separated families. Sec. 5306. Sense of Congress regarding certain fellowship programs. Sec. 5307. Technical correction. Sec. 5308. Foreign Service awards. Sec. 5309. Workforce actions. Sec. 5310. Sense of Congress regarding veterans employment at the Department of State. Sec. 5311. Employee assignment restrictions and preclusions. Sec. 5312. Recall and reemployment of career members. Sec. 5313. Strategic staffing plan for the Department of State. Sec. 5314. Consulting services. Sec. 5315. Incentives for critical posts. Sec. 5316. Extension of authority for certain accountability review boards. Sec. 5317. Foreign Service suspension without pay. Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes. Sec. 5319. Waiver authority for individual occupational requirements of certain positions. Sec. 5320. Appointment of employees to the Global Engagement Center. Sec. 5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission. Sec. 5322. Report relating to Foreign Service Officer training and development. Sec. 5323. Cooperation with Office of the Inspector General. Sec. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act. Sec. 5325. Implementation of gap memorandum in selection board process. Title LIV—A Diverse Workforce: Recruitment, Retention, and Promotion Sec. 5401. Definitions. Sec. 5402. Exit interviews for workforce. Sec. 5403. Recruitment and retention. Sec. 5404. Leadership engagement and accountability. Sec. 5405. Professional development opportunities and tools. Sec. 5406. Examination and oral assessment for the Foreign Service. Sec. 5407. Payne fellowship authorization. Sec. 5408. Voluntary participation. Title LV—Information Security Sec. 5501. Definitions. Sec. 5502. List of certain telecommunications providers. Sec. 5503. Preserving records of electronic communications. Sec. 5504. Foreign Relations of the United States (FRUS) series and declassification. Title LVI—Public Diplomacy Sec. 5601. Short title. Sec. 5602. Avoiding duplication of programs and efforts. Sec. 5603. Improving research and evaluation of public diplomacy. Sec. 5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy. Sec. 5605. Streamlining of support functions. Sec. 5606. Guidance for closure of public diplomacy facilities. Sec. 5607. Definitions. Title LVII—Other Matters Sec. 5701. Limitation on assistance to countries in default. Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment. Sec. 5703. Chief of mission concurrence. Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force. Division F—Other Non-Department of Defense Matters Title LXI—Financial Services Matters Sec. 6101. FinCEN Exchange. Sec. 6102. Adverse information in cases of trafficking. Sec. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts. Sec. 6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank. Sec. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies. Sec. 6106. Illicit finance improvements. Sec. 6107. Briefing on delegation of examination authority under the Bank Secrecy Act. Title LXII—Foreign Service Families Act of 2021 Sec. 6201. Short title. Sec. 6202. Telecommuting opportunities. Sec. 6203. Employment and education programs for eligible family members of members of the Foreign Service. Sec. 6204. Briefing on Foreign Service family reserve corps. Sec. 6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees. Sec. 6206. In-State tuition rates for members of qualifying Federal service. Sec. 6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service. Title LXIII—Barry Goldwater Scholarship and Excellence in Education Modernization Act Sec. 6301. Short title. Sec. 6302. Clarifying amendments to definitions. Sec. 6303. Barry Goldwater Scholarship and Excellence in Education Awards. Sec. 6304. Stipends. Sec. 6305. Scholarship and research internship conditions. Sec. 6306. Sustainable investments of funds. Sec. 6307. Administrative provisions. Title LXIV—Department of Homeland Security Measures Subtitle A—DHS Headquarters, Research and Development, and Related Matters Sec. 6401. Employee engagement steering committee and action plan. Sec. 6402. Annual employee award program. Sec. 6403. Chief Human Capital Officer responsibilities. Sec. 6404. Independent investigation and implementation plan. Sec. 6405. Authorization of the acquisition professional career program. Sec. 6406. National urban security technology laboratory. Sec. 6407. Department of Homeland Security Blue Campaign enhancement. Sec. 6408. Medical countermeasures program. Sec. 6409. Critical domain research and development. Sec. 6410. CBP Donations Acceptance Program Reauthorization. Subtitle B—Transportation Security Sec. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response. Sec. 6412. Transportation Security Preparedness Plan. Sec. 6413. Authorization of Transportation Security Administration personnel details. Sec. 6414. Transportation Security Administration preparedness. Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints. Sec. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs. Sec. 6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs. Sec. 6418. Threat information sharing. Sec. 6419. Local law enforcement security training. Sec. 6420. Allowable uses of funds for public transportation security assistance grants. Sec. 6421. Periods of performance for public transportation security assistance grants. Sec. 6422. GAO review of public transportation security assistance grant program. Sec. 6423. Sensitive security information; aviation security. Title LXV—Other matters relating to foreign affairs Sec. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations. Sec. 6502. Required notification and reports related to Peacekeeping Operations account. Sec. 6503. Transnational Repression Accountability and Prevention. Sec. 6504. Human rights awareness for American athletic delegations. Sec. 6505. Cooperation between the United States and Ukraine regarding the titanium industry. Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing. Sec. 6507. Report on net worth of Syrian President Bashar al-Assad. Sec. 6508. Annual report on United States policy toward South Sudan. Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN. Sec. 6510. Supporting democracy in Burma. Sec. 6511. United States Grand Strategy with respect to China. Title LXVI—Other Matters Sec. 6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries. Sec. 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria. Sec. 6603. Anomalous health incidents interagency coordinator. Sec. 6604. Chief Human Capital Officers Council annual report. Sec. 6605. National Global War on Terrorism Memorial. Sec. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science. Sec. 6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies. Sec. 6608. Catawba Indian Nation lands. Sec. 6609. Property disposition for affordable housing. Sec. 6610. Blocking deadly fentanyl imports. 3. Congressional defense committees In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. 4. Budgetary effects of this Act The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses. 5. Explanatory statement The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 8, 2021, by the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Committee on Armed Services of the Senate, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference. 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101. 111. Modification of deployment by the Army of interim cruise missile defense capability Section 112(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1660), as amended by section 111(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) in paragraph (1), by striking shall deploy the capability as follows: and all that follows through the period at the end and inserting shall deploy two batteries of the capability by not later than September 30, 2020. ; (2) in paragraph (2)— (A) in the paragraph heading, by striking deadlines and inserting deadline ; (B) in the matter preceding subparagraph (A), by striking deadlines and inserting deadline ; (C) in subparagraph (F), by adding and at the end; (D) by striking subparagraph (G); and (E) by redesignating subparagraph (H) as subparagraph (G); and (3) in paragraph (4), by striking deadlines specified in paragraph (1): and all that follows through the period at the end and inserting deadline specified in paragraph (1) if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadline.. 112. Multiyear procurement authority for AH–64E Apache helicopters (a) Authority for multiyear procurement Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of AH–64E Apache helicopters. (b) Condition for out-year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters (a) Authority for multiyear procurement Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of UH–60M and HH–60M Black Hawk helicopters. (b) Condition for out-year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year. 114. Continuation of Soldier Enhancement Program (a) Requirement to continue program The Secretary of the Army, acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology in accordance with subsection (b), shall continue to carry out the Soldier Enhancement Program established pursuant to section 203 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 ( Public Law 101–189 ; 103 Sat. 1394). (b) Responsible official The Secretary of the Army shall designate the Assistant Secretary of the Army for Acquisition, Logistics, and Technology as the official in the Department of the Army with principal responsibility for the management of the Soldier Enhancement Program under subsection (a). (c) Duties The duties of the Soldier Enhancement Program shall include the identification, research, development, test, and evaluation of commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) and software applications to accelerate the efforts of the Army to integrate, modernize, and enhance weapons and equipment for use by Army soldiers, including— (1) lighter, more lethal weapons; and (2) support equipment, including lighter, more comfortable load-bearing equipment, field gear, combat clothing, survivability items, communications equipment, navigational aids, night vision devices, tactical power, sensors, and lasers. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System (a) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Army for procurement for the Integrated Visual Augmentation System, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Army submits to the congressional defense committees the report required under subsection (b). (b) Report required (1) In general Not later than the date specified in paragraph (3), the Secretary of the Army shall submit to the congressional defense committees a report on the Integrated Visual Augmentation System of the Army. (2) Elements The report required by paragraph (1) shall include the following: (A) A certification from the Secretary of the Army that the Integrated Visual Augmentation System is sufficiently reliable to meet operational needs for mean time between failure to support planned operational mission profiles. (B) A certification from the Secretary of the Army that the tactical network is sufficiently suitable and reliable to support the operational employment of the System, including the System’s ability to integrate into command networks. (C) (i) A certification from the Secretary of the Army that the duration of the System’s battery power is suitable and reliable enough to meet planned operational mission requirements. (ii) A plan to ensure the battery management of the System meets such requirements. (D) A plan to enable the System to display position location and identification information for adjacent units, non-System-equipped platforms, and soldiers. (E) A plan, including critical milestones, to achieve certified three-dimensional geospatial data within the System for dynamic and precision targeting. (F) A basis-of-issue plan based on lessons from the developmental and operational testing of the System. (G) A plan for iterative improvements to sensors, software, and form factor throughout production and procurement of the System. (H) Any other matters that the Secretary considers relevant to the full understanding of the status of and plan for the System. (3) Date specified The date specified in this paragraph is a date selected by the Secretary of the Army that is not later than 60 days after the date on which initial operational testing of the Integrated Visual Augmentation System of the Army has been completed. (c) Assessment required Not later than 60 days after the date on which the Secretary of the Army submits the report required under subsection (b), the Director of Operational Test and Evaluation shall submit to the congressional defense committees an assessment of the validity, reliability, and objectivity of the report with respect to each element described in subsection (b)(2). 116. Strategy and authority for the procurement of components for the next generation squad weapon (a) Strategy required The Secretary of the Army shall develop and implement a competitive procurement strategy to identify, test, qualify, and procure components and accessories for the next generation squad weapon of the Army, including magazines, that are capable of improving the performance of such weapon, with an emphasis on the procurement of— (1) commercially available off-the-shelf items; (2) nondevelopmental items; and (3) components and accessories previously developed by the Army that may be used for such weapon. (b) Market survey Upon receipt of the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall initiate a market survey to identify components and accessories for the weapon that meet the criteria described in subsection (a). (c) Authorization After completing the market survey under subsection (b), the Secretary of the Army may enter into one or more contracts for the procurement of components and accessories for the next generation squad weapon that meet the criteria described in subsection (a). (d) Information to Congress Not later than one year after receiving the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall submit to the congressional defense committees a report that includes— (1) the competitive acquisition strategy developed under subsection (a), including timelines for the fielding of components and accessories for such weapon that— (A) are commercially available off-the-shelf items or nondevelopmental items; and (B) are capable of improving the performance of such weapon; (2) an assessment of the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon, including a comparison of— (A) the mean rounds between stoppage and mean rounds between failure of such weapon; and (B) the mean rounds between stoppage and mean rounds between failure of currently fielded weapons; (3) an explanation of whether any items identified in the market survey conducted under subsection (b) demonstrate the ability to increase the mean rounds between stoppage or the mean rounds between failure of the next generation squad weapon; and (4) a plan to increase the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon. (e) Definitions In this section: (1) The term commercially available off-the-shelf items has the meaning given that term in section 104 of title 41, United States Code. (2) The term nondevelopmental items has the meaning given that term in section 110 of title 41, United States Code. 121. Extension of procurement authority for certain amphibious shipbuilding programs Section 124(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking fiscal year 2021 and inserting fiscal years 2021 and 2022. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers Section 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1665), as most recently amended by section 127 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking for fiscal years 2019, 2020, or 2021 and inserting for fiscal years 2019, 2020, 2021, or 2022. 123. Extension of report on Littoral Combat Ship mission packages Section 123(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2030) is amended by striking fiscal year 2022 and inserting fiscal year 2027. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers (a) In general The Secretary of the Navy shall ensure that an advanced degaussing system is incorporated into any Arleigh Burke class destroyer procured in fiscal year 2025 or any subsequent fiscal year pursuant to a covered contract. (b) Covered contract defined In this section, the term covered contract means an annual or multiyear contract for the procurement of an Arleigh Burke class destroyer that is entered into by the Secretary of the Navy on or after the date of the enactment of this Act. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers (a) In general Not later than March 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a report on the potential benefits of a multiyear contract for the period of fiscal years 2023 through 2027 for the procurement of Flight III Arleigh Burke class destroyers in the quantities specified in subsection (c). (b) Elements The report required by subsection (a) shall include preliminary findings, and the basis for such findings, of the Secretary with respect to whether— (1) the use of a contract described in such subsection could result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts; (2) the minimum need for the destroyers described in such subsection to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities; (3) there is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation; (4) there is a stable design for the destroyers to be acquired and that the technical risks associated with such property are not excessive; (5) the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic; (6) the use of such a contract will promote the national security of the United States; and (7) a decision not to use such a contract will affect the industrial base and, if so, the nature of such effects. (c) Evaluation by quantity The report required by subsection (a) shall evaluate the potential of procuring each of the following quantities of Flight III Arleigh Burke-class destroyers over the period described in such subsection: (1) 10. (2) 12. (3) 15. (4) Any other quantities the Secretary of the Navy considers appropriate. 126. Acquisition, modernization, and sustainment plan for carrier air wings (a) Plan required Not later than April 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a 15-year acquisition, modernization, and sustainment plan for the carrier air wings of the Navy. (b) Elements The plan required by subsection (a) shall include the following: (1) (A) An assessment of whether and to what extent the capabilities, capacity, and composition of the carrier air wings in existence as of the date of plan meet the requirements of the National Defense Strategy; and (B) a plan to address any known shortfalls of such carrier wings, including shortfalls with respect to aerial refueling aircraft capacity and strike-fighter combat radius. (2) An operational risk assessment and risk mitigation plan regarding the nine carrier air wings that, as of the date of the plan, support combatant commander steady-state peacetime and potential major contingency requirements. (3) An explanation of when the Secretary of the Navy will field a minimum of 10 carrier air wings in accordance with section 8062(e) of title 10, United States Code. (4) An identification and explanation of the role of autonomous and remotely-piloted aircraft, including the MQ–25 aircraft, and other potential capabilities and platforms planned to be fielded in future carrier air wings. (5) A detailed deck and hangar space plan that supports realistic peacetime steady-state or contingency surge level fixed-wing aircraft and rotorcraft preparation activities, flight operations, and onboard unit-level maintenance, repair, and sustainment activities for future carrier air wings. (6) An appropriate modernization plan to maximize operational use of platforms in existence as of the date of the plan, particularly the EA–18G aircraft and the E–2D aircraft, by leveraging available technologies such as Next Generation Jammer. (7) An identification of the logistics supply chain support and modernization plan required during peacetime steady-state and contingency operations for future carrier air wings, particularly as it relates to implementing the organic C–130 and C–40 logistics tethering strategy. (8) A detailed explanation for the Secretary of the Navy’s decision to modify carrier air wing composition to one squadron of 14 F–35C aircraft instead of the originally planned two squadrons of 10 F–35C aircraft. 127. Report on material readiness of Virginia class submarines of the Navy (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the material readiness of the Virginia class submarines. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the number of components and parts that have required replacement prior to the end of their estimated useful life or scheduled replacement timeline, including efforts to increase the reliability of life of ship components. (2) An assessment of the extent to which part and material shortages have impacted deployment and maintenance availability schedules, including an estimate of the number of active part cannibalizations or other actions taken to mitigate those impacts. (3) An identification of the planned lead time to obtain key material for Virginia class submarines from shipbuilders and vendors. (4) An identification of the actual lead time to obtain such material from shipbuilders and vendors. (5) An identification of the cost increases of key components and parts for new construction and maintenance availabilities above planned material costs. (6) An assessment of potential courses of action to improve the material readiness of the Virginia class submarines, including efforts to align new construction shipyards with maintenance shipyards and Naval Sea Systems Command to increase predictability of materials and purchasing power. (7) Such recommendations as the Secretary may have for legislative changes, authorities, realignments, and administrative actions, including reforms of the Federal Acquisition Regulation, to improve the material readiness of the Virginia class submarines. (8) Such other elements as the Secretary considers appropriate. 131. Extension of inventory requirement for Air Force fighter aircraft (a) Extension of inventory requirement Section 9062(i)(1) of title 10, United States Code, is amended by striking October 1, 2022 and inserting October 1, 2026. (b) Reports on retirement of Air Force fighter aircraft Section 131 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1314; 10 U.S.C. 9062 note) is amended— (1) by amending subsection (b) to read as follows: (b) Report on retirement of aircraft (1) In general Beginning with fiscal year 2023, for any fiscal year in which the Secretary of the Air Force expects the total aircraft inventory of fighter aircraft of the Air Force or the total primary mission aircraft inventory of fighter aircraft of the Air Force to decrease below the levels specified in section 9062(i)(1) of title 10, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following: (A) A detailed rationale for the retirement of existing fighter aircraft and a detailed operational analysis of the portfolio of capabilities of the Air Force that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft. (B) An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft and how existing aircraft inventory levels and unit personnel levels for the active and reserve components are proposed to change during the fiscal year in which fighter aircraft will be retired. (C) A detailed assessment of the current operational risk and the operational risk that will be incurred for meeting— (i) the requirements of the National Defense Strategy and combatant commanders; and (ii) operational plans for major contingency operations and steady-state or rotational operations. (D) Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate. (2) Timing of report Each report required under paragraph (1) shall be included in the materials submitted in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for the fiscal year in which applicable decrease in fighter aircraft inventory levels is expected to occur. ; (2) by striking subsection (c); and (3) by redesignating subsection (d) as subsection (c). 132. Contract for logistics support for VC–25B aircraft Section 143 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1668) is amended— (1) in paragraph (1), by striking , unless otherwise approved in accordance with established procedures ; and (2) in paragraph (2), by inserting such before logistics support contract. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons (a) Prohibition During the covered period, the Secretary of the Air Force may not— (1) modify the designed operational capability statement for any B–1 bomber aircraft squadron, as in effect on the date of the enactment of this Act, in a manner that would reduce the capabilities of such a squadron below the levels specified in such statement as in effect on such date; or (2) reduce, below the levels in effect on such date of enactment, the number of personnel assigned to units responsible for the operation and maintenance of B–1 aircraft if such reduction would affect the ability of such units to meet the capability described in paragraph (1). (b) Exception The prohibition under subsection (a) shall not apply to an individual unit for which the Secretary of the Air Force has commenced the process of replacing B–1 bomber aircraft with B–21 bomber aircraft. (c) Definitions In this section: (1) The term covered period means the period beginning on the date of the enactment of this Act and ending on September 30, 2023. (2) The term designed operational capability statement has the meaning given that term in Air Force Instruction 10–201. 134. Prohibition on use of funds for retirement of A–10 aircraft (a) Prohibition Notwithstanding sections 134 and 135 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2037), and except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2022 for the Air Force may be obligated to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft. (b) Exception (1) In general The limitation under subsection (a) shall not apply to an individual A–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a Class A mishap. (2) Certification required If the Secretary determines under paragraph (1) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance or repairs or other reasons. (3) Certification additional Any certification submitted under paragraph (2) shall be in addition to the notification and certification required by section 135(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2039). 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program (a) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B–52 Commercial Engine Replacement Program, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in section 2432 of title 10, United States Code, for the most recently concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1). (b) Additional requirements (1) Treatment of baseline estimate The Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2020 as the original Baseline Estimate for the Program. (2) Unit cost reports and critical cost growth (A) Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2020 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph (B) or subparagraph (C) of section 2433a(c)(1) of such title with respect to the Program. (B) In carrying out the review required by section 2433a of such title, the Secretary shall not enter into a transaction under section 2371 or 2371b of such title, exercise an option under such a transaction, or otherwise extend such a transaction with respect to the B–52 Commercial Engine Replacement Program except to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources. (c) Definitions In this section: (1) The term Baseline Estimate has the meaning given the term in section 2433(a)(2) of title 10, United States Code. (2) The term milestone decision authority has the meaning given the term in section 2366b(g)(3) of title 10, United States Code. (3) The term original Baseline Estimate has the meaning given the term in section 2435(d)(1) of title 10, United States Code. (4) The term Selected Acquisition Report means a Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States Code. 136. Limitation on availability of funds pending information on bridge tanker aircraft (a) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of the Air Force for travel expenses, not more than thirty-five percent may be obligated or expended until— (1) the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees a report outlining the requirements for the bridge tanker aircraft; and (2) the Secretary of the Air Force submits to the congressional defense committees— (A) a report detailing the acquisition strategy for the bridge tanker aircraft; (B) a certification identifying the amount of funds required for the acquisition of the bridge tanker aircraft; and (C) a plan for the development of the advanced aerial refueling tanker aircraft (commonly referred to as the KC–Z ). (b) Bridge tanker aircraft defined In this section, the term bridge tanker aircraft means the follow-on tanker aircraft (commonly referred to as the KC–Y ). 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft (a) Repeal of minimum inventory requirements for KC–10A aircraft Section 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; (3) in subsection (b), as so redesignated, by striking subsection (e) and inserting subsection (d) ; and (4) by amending subsection (d), as so redesignated, to read as follows: (d) Exceptions The requirement in subsection (b) shall not apply to an aircraft otherwise required to be maintained by that subsection if the Secretary of the Air Force— (1) at any time during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, determines, on a case-by-case basis, that such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair; or (2) during fiscal year 2023, certifies in writing to the congressional defense committees, not later than 30 days before the date of divestment of such aircraft, that the Air Force can meet combatant command tanker aircraft requirements by leveraging Air National Guard and Air Force Reserve capacity with increased Military Personnel Appropriation (MPA) Man-day Tours to the reserve force.. (b) Limitation on retirement of KC–135 Aircraft (1) Limitation Notwithstanding section 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and except as provided in paragraph (2), the Secretary of the Air Force may not retire more than 18 KC–135 aircraft during the period beginning on the date of the enactment of this Act and ending on October 1, 2023. (2) Exception The limitation in paragraph (1) shall not apply to individual KC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair. (c) Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force. (d) Primary mission aircraft inventory defined In this section, the term primary mission aircraft inventory has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code. 138. Minimum inventory of tactical airlift aircraft (a) Minimum inventory requirement During the covered period, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft. (b) Exception The Secretary of the Air Force may reduce the number of tactical airlift aircraft in the Air Force below the minimum number specified in subsection (a) if the Secretary determines, on a case-by-case basis, that an aircraft is no longer mission capable because of a mishap or other damage. (c) Covered period defined In this section, the term covered period means the period— (1) beginning on October 1, 2021; and (2) ending on the later of— (A) October 1, 2022; or (B) the date of the enactment of the next National Defense Authorization Act enacted after the date of the enactment of this Act. 139. Report relating to reduction of total number of tactical airlift aircraft (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on any plans of the Air Force to reduce the total number of tactical airlift aircraft in the inventory of the Air Force. (b) Elements The report required under subsection (a) shall include, with respect to any plan of the Air Force to reduce the total number of tactical airlift aircraft— (1) the justification for such reduction; (2) an explanation of whether and to what extent domestic operations was considered as part of such justification; (3) analysis of the role of domestic operations during concurrent contingency operations; (4) analysis of the C–130 aircraft force structures recommended to support wartime mobility requirements as set forth in— (A) the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1321); and (B) the mobility capability requirements study conducted under section 1712 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1803); (5) the Secretary’s justification for any increased risk that may result from accepting a C–130 aircraft force structure smaller than the force structure recommended by such studies; and (6) an explanation of whether and to what extent Governors of States that may be affected by the planned reduction were consulted as part of the decision making process. (c) Form of report The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program (a) F–35A quantity limit for the Air Force (1) Limitation Beginning on October 1, 2028, the total number of F–35A aircraft that the Secretary of the Air Force may maintain in the aircraft inventory of the Air Force may not exceed the lesser of— (A) 1,763; or (B) the number obtained by— (i) multiplying 1,763 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35A aircraft of the Air Force (as determined by the Secretary of the Air Force in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35A aircraft of the Air Force during fiscal year 2027 (as determined by the Secretary of the Air Force in accordance with subsection (f)). (b) F–35B quantity limit for the Marine Corps (1) Limitation Beginning on October 1, 2028, the total number of F–35B aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of— (A) 353; or (B) the number obtained by— (i) multiplying 353 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35B aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35B aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (c) F–35C quantity limit for the Navy (1) Limitation Beginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Navy may not exceed the lesser of— (A) 273; or (B) the number obtained by— (i) multiplying 273 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35C aircraft of the Navy (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Navy during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (d) F–35C Quantity limit for the Marine Corps (1) Limitation Beginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of— (A) 67; or (B) the number obtained by— (i) multiplying 67 by the cost-per-tail factor determined under paragraph (2); and (ii) rounding the product of the calculation under clause (i) to the nearest whole number. (2) Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— (A) the affordability cost target for F–35C aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by (B) a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). (e) Determination of required affordability cost targets (1) Air force Not later than October 1, 2025, the Secretary of the Air Force shall— (A) determine an affordability cost target to be used for purposes of subsection (a)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35A aircraft of the Air force for fiscal year 2027; and (B) submit to the congressional defense committees a certification identifying the affordability cost target determined under subparagraph (A). (2) Navy and Marine Corps Not later than October 1, 2025, the Secretary of the Navy shall— (A) determine an affordability cost target to be used for purposes of subsection (b)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35B aircraft of the Marine Corps for fiscal year 2027; (B) determine an affordability cost target to be used for purposes of subsection (c)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Navy for fiscal year 2027; (C) determine an affordability cost target to be used for purposes of subsection (d)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Marine Corps for fiscal year 2027; and (D) submit to the congressional defense committees a certification identifying each affordability cost target determined under subparagraphs (A) through (C). (f) Determination of actual cost-per-tail-per-year for fiscal year 2027 — (1) In general Not later than 90 days after the end of fiscal year 2027— (A) the Secretary of the Air Force shall determine the average cost-per-tail of the F–35A aircraft of the Air Force during fiscal year 2027; and (B) the Secretary of the Navy shall determine the average cost-per-tail of— (i) the F–35B aircraft of the Marine Corps during fiscal year 2027; (ii) the F–35C aircraft of the Navy during fiscal year 2027; and (iii) the F–35C aircraft of the Marine Corps during fiscal year 2027. (2) Calculation For purposes of paragraph (1), the average cost-per-tail of a variant of an F–35 aircraft of an Armed Force shall be determined by— (A) adding the total amount expended for fiscal year 2027 (in base year fiscal 2012 dollars) for all such aircraft in the inventory of the Armed Force for— (i) unit level manpower; (ii) unit operations; (iii) maintenance; (iv) sustaining support; (v) continuing system support; and (vi) modifications; and (B) dividing the sum obtained under subparagraph (A) by the average number of such aircraft in the inventory of the Armed Force during such fiscal year. (g) Waiver authority The Secretary of Defense may waive the quantity limits under any of subsections (a) through (d) if, prior to issuing such a waiver, the Secretary certifies to the congressional defense committees that procuring additional quantities of a variant of an F–35 aircraft above the applicable quantity limit are required to meet the national military strategy requirements of the combatant commanders. The authority of the Secretary under this subsection may not be delegated. (h) Aircraft defined In this section, the term aircraft means aircraft owned and operated by an Armed Force of the United States and does not include aircraft owned or operated by an armed force of a foreign country. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy (a) Transfer of functions (1) Sustainment functions Not later than October 1, 2027, the Secretary of Defense shall transfer all functions relating to the management, planning, and execution of sustainment activities for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows: (A) All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (B) All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (2) Acquisition functions Not later than October 1, 2029, the Secretary of Defense shall transfer all acquisition functions for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows: (A) All functions of the F–35 Joint Program Office relating to the acquisition of F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (B) All functions of the F–35 Joint Program Office relating to the acquisition of F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions. (b) Transition plan Not later than October 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Air Force and the Secretary of the Navy, shall submit to the congressional defense committees a plan for carrying out the transfers required under subsection (a). 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities (a) Review of redundancies The Secretary of Defense shall conduct a review of all established and planned efforts to provide air-based and space-based ground moving target indicator capability to identify, eliminate, and prevent redundancies of such efforts across the Department of Defense. (b) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the capability described in subsection (a), not more than 75 percent may be obligated or expended for procurement or research and development for such capability until the date on which the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees the information required under subsection (c). (c) Information required The Vice Chairman of the Joint Chiefs of Staff, in consultation with the Secretaries of the military departments and the heads of such other agencies as the Secretary of Defense considers relevant to the ground moving target indicator capability described in subsection (a), shall submit to the congressional defense committees the following: (1) A list of all procurement and research and development efforts relating to the capability that are funded by— (A) the Department of Defense; or (B) any other department or agency of the Federal Government. (2) A description of how the efforts described in paragraph (1) will— (A) provide real-time information to relevant military end users through the use of air battle managers; and (B) meet the needs of combatant commanders with respect to priority target tasking. (3) Analysis of whether, and to what extent, the efforts described in paragraph (1) comply with— (A) the joint all domain command and control requirements and standards of the Department; and (B) the validated requirements of the Joint Requirements Oversight Council with respect to ground moving target indicator capabilities. (4) Identification of any potential areas of overlap among the efforts described in paragraph (1). 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the procurement of aircraft systems for the armed overwatch program of the United States Special Operations Command may be obligated or expended until a period of 15 days has elapsed following the date on which the acquisition roadmap required by section 165(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is submitted to the congressional defense committees. 145. Analysis of certain radar investment options (a) Analysis required (1) In general The Director of Cost Assessment and Program Evaluation shall conduct an analysis of covered radar systems operating in the Navy and the Missile Defense Agency over the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code. (2) Elements The analysis conducted under paragraph (1) shall include the following: (A) An independent cost estimate of each covered radar system described in paragraph (1) and each variant thereof. (B) An assessment of the capability provided by each such system and variant to address current and future air and missile defense threats. (C) In the case of covered radar systems operating in the Navy, an assessment of the capability and technical suitability of each planned configuration for such systems to support current and future distributed maritime operations in contested environments. (b) Report Not later than May 1, 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report that includes the following: (1) The results of the analysis conducted under subsection (a)(1). (2) Such recommendations as the Director may have to achieve greater capability, affordability, and sustainability across covered radar systems described in subsection (a)(1), including variants thereof, during fiscal years 2022 through 2027, including whether— (A) to continue to develop and maintain each covered radar system separately; or (B) to pursue fewer configurations of such systems. (c) Covered radar systems defined In this section, the term covered radar systems means radar systems with the following designations an any variants thereof: (1) AN/SPY–1. (2) AN/SPY–3. (3) AN/SPY–6. (4) AN/SPY–7. 146. Review and briefing on fielded major weapon systems (a) Review and briefing required Not later than March 1, 2023, the Secretary of Defense shall conduct a review, and provide a briefing to the congressional defense committees, on the processes of the Department of Defense for the management of strategic risk with respect to capabilities of fielded major weapon systems funded in the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, including a description of the analytical and implementation methodologies used— (1) to ensure that fielded major weapon systems meet current and emerging military threats; (2) to upgrade or replace any fielded major weapon systems that is not capable of effectively meeting operational requirements or current, evolving, or emerging threats; and (3) to develop and implement plans for the replacement and divestment of fielded major weapon systems that address lower-priority military threats, as determined by intelligence assessments and operational requirements. (b) Major weapon system defined In this section, the term major weapon system has the meaning given such term under section 2379(f) of title 10, United States Code. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats Not later than February 1, 2022, and on a semiannual basis thereafter through February 1, 2024, the Secretary of the Air Force and the Secretary of the Navy shall each submit to the congressional defense committees a report that includes, with respect to each location at which active flying operations are conducted or planned as of the date report— (1) the number of aircrew ejection seats installed in the aircraft used, or expected to be used, at such location; (2) of the ejection seats identified under paragraph (1), the number that have been, or are expected to be, placed in service subject to a waiver due to— (A) deferred maintenance; or (B) the inability to obtain parts to make repairs or to fulfill time-compliance technical orders; and (3) for each ejection seat subject to a waiver as described in paragraph (2)— (A) the date on which the waiver was issued; and (B) the name and title of the official who authorized the waiver. 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201. 211. Codification of National Defense Science and Technology Strategy (a) In general Chapter 2 of title 10, United States Code, as amended by section 1081 of this Act, is further amended by inserting before section 119, the following new section: 118c. National Defense Science and Technology Strategy (a) In general The Secretary of Defense shall develop a strategy— (1) to articulate the science and technology priorities, goals, and investments of the Department of Defense; (2) to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and (3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies. (b) Elements The strategy required under subsection (a) shall— (1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President; (2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including— (A) personnel and workforce capabilities; (B) facilities for research and test infrastructure; (C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and (D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded; (3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; (4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; (5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title; (6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations; (7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps; (8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and (9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base. (c) Coordination The Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations. (d) Considerations In developing the strategy under subsection (a), the Secretary of Defense shall consider— (1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners; (2) current military requirements and emerging technologies in the defense and commercial sectors; (3) the capabilities of foreign near-peer and peer nations; (4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and (5) near-term, mid-term, and long-term technology and capability development goals. (e) Reports (1) Subsequent reports and updates Not later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense. (2) Form of reports The reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate. (f) Briefing Not later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy. (g) Designation The strategy developed under subsection (a) shall be known as the National Defense Science and Technology Strategy.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 119 the following new item: 118c. National Defense Science and Technology Strategy.. (c) Conforming repeal Section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679) is repealed. (d) Conforming amendment Section 2358b(c)(2)(B)(ii) of title 10, United States Code, is amended by striking section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679) and inserting section 118c of this title. 118c. National Defense Science and Technology Strategy (a) In general The Secretary of Defense shall develop a strategy— (1) to articulate the science and technology priorities, goals, and investments of the Department of Defense; (2) to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and (3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies. (b) Elements The strategy required under subsection (a) shall— (1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President; (2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including— (A) personnel and workforce capabilities; (B) facilities for research and test infrastructure; (C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and (D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded; (3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; (4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; (5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title; (6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations; (7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps; (8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and (9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base. (c) Coordination The Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations. (d) Considerations In developing the strategy under subsection (a), the Secretary of Defense shall consider— (1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners; (2) current military requirements and emerging technologies in the defense and commercial sectors; (3) the capabilities of foreign near-peer and peer nations; (4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and (5) near-term, mid-term, and long-term technology and capability development goals. (e) Reports (1) Subsequent reports and updates Not later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense. (2) Form of reports The reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate. (f) Briefing Not later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy. (g) Designation The strategy developed under subsection (a) shall be known as the National Defense Science and Technology Strategy. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders (a) In general Section 2358a of title 10, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): (f) Direct hire authority at personnel demonstration laboratories for advanced degree holders (1) Authority The Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in paragraph (2) without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title. (2) Applicability This subsection applies with respect to candidates for scientific and engineering positions within any laboratory designated by section 4121(b) of this title as a Department of Defense science and technology reinvention laboratory. (3) Limitation (A) Authority under this subsection may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of candidates greater than the number equal to 5 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year. (B) For purposes of this paragraph, positions and candidates shall be counted on a full-time equivalent basis.. (b) Repeal Section 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4618 ) is hereby repealed. (c) Conforming amendments (1) Section 255(b)(5)(B) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2223a note) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of. (2) Section 223(d)(3)(C) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking in section 2358a(f) of and inserting in section 2358a(g) of. (3) Section 249(g)(1)(C) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of. 213. Duties and regional activities of the Defense Innovation Unit (a) Duties of DIU joint reserve detachment Clause (ii) of section 2358b(c)(2)(B) of title 10, United States Code, is amended to read as follows: (ii) the technology requirements of the Department of Defense, as identified in the most recent— (I) National Defense Strategy; (II) National Defense Science and Technology Strategy as directed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1679); and (III) relevant policy and guidance from the Secretary of Defense; and. (b) Regional activities Subject to the availability of appropriations for such purpose, the Secretary of Defense may expand the efforts of the Defense Innovation Unit to engage and collaborate with private-sector industry and communities in various regions of the United States— (1) to accelerate the adoption of commercially developed advanced technology in modernization priority areas and such other key technology areas as may be identified by the Secretary; and (2) to expand outreach to communities that do not otherwise have a Defense Innovation Unit presence, including economically disadvantaged communities. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research (a) In general Chapter 301 of title 10, United States Code, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, is further amended by inserting after section 4007 the following new section: 4010. Defense Established Program to Stimulate Competitive Research (a) Program required The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) Program objectives The objectives of the program are as follows: (1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense. (2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance. (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. (c) Program activities In order to achieve the program objectives, the following activities are authorized under the program: (1) Competitive award of grants for research and instrumentation to support such research. (2) Competitive award of financial assistance for graduate students. (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers. (4) Any other activities that are determined necessary to further the achievement of the objectives of the program. (d) Eligible States (1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. (2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary— (A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1⁄50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State. (3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years. (e) Coordination with similar federal programs (1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. (2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. (f) State defined In this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.. (b) Clerical amendment The table of sections at the beginning of chapter 301 of such title, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, is further amended by striking the item relating to section 4010 and inserting the following new item: 4010. Defense Established Program to Stimulate Competitive Research.. (c) Conforming repeals (1) Section 307 of title I of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia ( Public Law 105–18 ; 10 U.S.C. 2358 note) is repealed. (2) Section 257 of title II of division A of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) is repealed. (d) Effective date This section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). 4010. Defense Established Program to Stimulate Competitive Research (a) Program required The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) Program objectives The objectives of the program are as follows: (1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense. (2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance. (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. (c) Program activities In order to achieve the program objectives, the following activities are authorized under the program: (1) Competitive award of grants for research and instrumentation to support such research. (2) Competitive award of financial assistance for graduate students. (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers. (4) Any other activities that are determined necessary to further the achievement of the objectives of the program. (d) Eligible States (1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. (2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary— (A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1⁄50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State. (3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years. (e) Coordination with similar federal programs (1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. (2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. (f) State defined In this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories (a) In general Subchapter III of chapter 303 of title 10, United States Code, as added by section 1842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the heading for subchapter III the following new section: 4121. Science and technology reinvention laboratories: authority and designation (a) In general (1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. (2) (A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 ( Public Law 98–224 ) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that— (A) subsection (d) of such section 4703 shall not apply to the demonstration project; (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and (C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). (4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. (5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. (b) Designation of laboratories Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): (1) The Air Force Research Laboratory. (2) The Joint Warfare Analysis Center. (3) The Army Research Institute for the Behavioral and Social Sciences. (4) The Combat Capabilities Development Command Armaments Center. (5) The Combat Capabilities Development Command Army Research Laboratory. (6) The Combat Capabilities Development Command Aviation and Missile Center. (7) The Combat Capabilities Development Command Chemical Biological Center. (8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. (9) The Combat Capabilities Development Command Ground Vehicle Systems Center. (10) The Combat Capabilities Development Command Soldier Center. (11) The Engineer Research and Development Center. (12) The Medical Research and Development Command. (13) The Technical Center, US Army Space and Missile Defense Command. (14) The Naval Air Systems Command Warfare Centers. (15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. (16) The Naval Information Warfare Centers, Atlantic and Pacific. (17) The Naval Medical Research Center. (18) The Naval Research Laboratory. (19) The Naval Sea Systems Command Warfare Centers. (20) The Office of Naval Research. (c) Conversion procedures The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— (1) shall not adversely affect any employee with respect to pay or any other term or condition of employment; (2) shall be consistent with section 4703(f) of title 5; (3) shall be completed within 18 months after designation; and (4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). (d) Limitation The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.. (b) Clerical amendment The table of sections at the beginning of chapter 303 of such title, as added by section 1842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking the item relating to section 4121 and inserting the following: 4121. Science and technology reinvention laboratories: authority and designation.. (c) Conforming repeals (1) Section 1105 of the National Defense Authorization Act For Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) is hereby repealed. (2) Subsection (b) of section 342 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) is hereby repealed. (d) Conforming amendments (1) Section 1601(f) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 2358 note) is amended by striking section 342 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 108 Stat. 2721) and inserting section 4121(a) of title 10, United States Code. (2) Section 1107 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2358 note) is amended— (A) by amending subsection (a) to read as follows: (e) Requirement The Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under subsection (a) of section 4121 of title 10, United States Code, to carry out personnel management demonstration projects at Department of Defense laboratories designated by subsection (b) of such section as Department of Defense science and technology reinvention laboratories. ; (B) in subsection (c), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486) and inserting designated by section 4121(b) of title 10, United States Code ; and (C) in subsection (e)(3), by striking section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (as cited in subsection (a)) and inserting section 4121(a) of title 10, United States Code. (3) Section 1109(c) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2358 note) is amended by striking specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting designated under section 4121(b) of title 10, United States Code. (4) Section 2803(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2358 note) is amended by striking (as designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting (as designated under section 4121(b) of title 10, United States Code). (5) Section 1108(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 1580 note prec.) is amended by striking section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting section 4121(b) of title 10, United States Code. (6) Section 211(g) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note), as amended and inserting under section 4121(b)of title 10, United States Code. (7) Section 233(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking as specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note) and inserting as designated under section 4121(b) of title 10, United States Code. (8) Section 223(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (9) Section 252(e)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (10) Section 255(b)(5)(A) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 223a note) is amended by striking (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note)) and inserting (as designated under section 4121(b) of title 10, United States Code). (11) Section 249 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (A) in subsection (e)(1)(A), by striking under section 2358a of title 10, United States Code and inserting under section 4121(b) of title 10, United States Code ; and (B) in subsection (g)(1)(B) by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code. (12) Section 2124(h)(3) of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting designated under section 4121(b) of this title. (13) Section 4091 of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (A) in subsection (b), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) both places it appears and inserting designated by section 4121(b) of this title ; and (B) in subsection (d)(2), by striking pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) both places it appears and inserting pursuant to section 4121(a) of this title. (14) Section 4094(f) of title 10, United States Code, as transferred and redesignated by this Act, is amended by striking by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note) and inserting by section 4121(b) of this title. (e) Effective date This section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). 4121. Science and technology reinvention laboratories: authority and designation (a) In general (1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. (2) (A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 ( Public Law 98–224 ) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that— (A) subsection (d) of such section 4703 shall not apply to the demonstration project; (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and (C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). (4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. (5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. (b) Designation of laboratories Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): (1) The Air Force Research Laboratory. (2) The Joint Warfare Analysis Center. (3) The Army Research Institute for the Behavioral and Social Sciences. (4) The Combat Capabilities Development Command Armaments Center. (5) The Combat Capabilities Development Command Army Research Laboratory. (6) The Combat Capabilities Development Command Aviation and Missile Center. (7) The Combat Capabilities Development Command Chemical Biological Center. (8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. (9) The Combat Capabilities Development Command Ground Vehicle Systems Center. (10) The Combat Capabilities Development Command Soldier Center. (11) The Engineer Research and Development Center. (12) The Medical Research and Development Command. (13) The Technical Center, US Army Space and Missile Defense Command. (14) The Naval Air Systems Command Warfare Centers. (15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. (16) The Naval Information Warfare Centers, Atlantic and Pacific. (17) The Naval Medical Research Center. (18) The Naval Research Laboratory. (19) The Naval Sea Systems Command Warfare Centers. (20) The Office of Naval Research. (c) Conversion procedures The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— (1) shall not adversely affect any employee with respect to pay or any other term or condition of employment; (2) shall be consistent with section 4703(f) of title 5; (3) shall be completed within 18 months after designation; and (4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). (d) Limitation The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization. 216. Improvements relating to steering committee on emerging technology and national security threats Section 236 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (1) in subsection (a), by striking may and inserting and the Director of National Intelligence may jointly ; (2) in subsection (b), by— (A) by striking paragraphs (3) through (8); and (B) by inserting after paragraph (2) the following: (3) The Principal Deputy Director of National Intelligence. (4) Such other officials of the Department of Defense and intelligence community as the Secretary of Defense and the Director of National Intelligence jointly determine appropriate. ; (3) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (4) by inserting after subsection (b) the following: (c) Leadership The Steering Committee shall be chaired by the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, and the Principal Deputy Director of National Intelligence jointly. ; (5) in subsection (d), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a strategy and inserting strategies ; (ii) by inserting and intelligence community after United States military ; and (iii) by inserting and National Intelligence Strategy, and consistent with the National Security Strategy after National Defense Strategy ; (B) in paragraph (3)— (i) in the matter before subparagraph (A), by inserting and the Director of National Intelligence after the Secretary of Defense ; (ii) in subparagraph (A), by striking strategy and inserting strategies ; (iii) in subparagraph (D), by striking ; and and inserting a semicolon; (iv) by redesignating subparagraph (E) as subparagraph (F); and (v) by inserting after subparagraph (D) the following: (E) any changes to the guidance for developing the National Intelligence Program budget required by section 102A(c)(1)(A) of the National Security Act of 1947 ( 50 U.S.C. 3024(c)(1)(A) ), that may be required to implement the strategies under paragraph (1); and ; and (vi) in subparagraph (F), as redesignated by clause (iv), by inserting and the intelligence community after Department of Defense ; and (C) in paragraph (4), by inserting and Director of National Intelligence, jointly after Secretary of Defense ; (6) by amending subsection (e), as redesignated by paragraph (3), to read as follows: (e) Definitions In this section: (1) The term emerging technology means technology jointly determined to be in an emerging phase of development by the Secretary of Defense and the Director of National Intelligence, including quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy, hypersonics, biotechnology, medical technologies, and such other technology as may be jointly identified by the Secretary and the Director. (2) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). ; and (7) in subsection (f), as redesignated by paragraph (3), by striking October 1, 2024 and inserting October 1, 2025. 217. Improvements relating to national network for microelectronics research and development Section 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking may and inserting shall ; and (2) by adding at the end the following new paragraph: (3) Selection of entities (A) In general In carrying out paragraph (1), the Secretary shall, through a competitive process, select two or more entities to carry out the activities described in paragraph (2) as part of the network established under paragraph (1). (B) Geographic diversity The Secretary shall, to the extent practicable, ensure that the entities selected under subparagraph (A) collectively represent the geographic diversity of the United States.. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions Section 217 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2358 note) is amended— (1) by amending subsection (c) to read as follows: (c) Consultation with other organizations For the purposes of providing technical expertise and reducing costs and duplicative efforts, the Secretary of Defense and the Secretaries of the military departments shall work to ensure and support the sharing of information on the research and consulting that is being carried out across the Federal Government in Department-wide shared information systems including the Defense Technical Information Center. ; (2) in subsection (e)— (A) by redesignating paragraph (31) as paragraph (36); and (B) by inserting after paragraph (30) the following new paragraphs: (31) Nuclear science, security, and nonproliferation. (32) Chemical, biological, radiological, and nuclear defense. (33) Spectrum activities. (34) Research security and integrity. (35) Printed circuit boards. ; and (3) in subsection (g), by striking 2026 and inserting 2028. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense Section 233(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking Chief Management Officer and inserting Deputy Secretary of Defense or a designee of the Deputy Secretary. 220. Defense research and engineering activities at minority institutions (a) Plan to promote defense research at minority institutes (1) In general The Secretary of Defense shall develop a plan to promote defense-related engineering, research, and development activities at minority institutions for the purpose of elevating the capacity of such institutions in those areas. (2) Elements The plan under paragraph (1) shall include the following: (A) An assessment of the engineering, research, and development capabilities of minority institutions, including an assessment of the workforce and physical research infrastructure of such institutions. (B) An assessment of the ability of minority institutions— (i) to participate in defense-related engineering, research, and development activities; and (ii) to effectively compete for defense-related engineering, research, and development contracts. (C) An assessment of the activities and investments necessary— (i) to elevate minority institutions or a consortium of minority institutions (including historically black colleges and universities) to R1 status on the Carnegie Classification of Institutions of Higher Education; (ii) to increase the participation of minority institutions in defense-related engineering, research, and development activities; and (iii) to increase the ability of such institutions ability to effectively compete for defense-related engineering, research, and development contracts. (D) Recommendations identifying actions that may be taken by the Secretary, Congress, minority institutions, and other organizations to increase the participation of minority institutions in defense-related engineering, research, and development activities and contracts. (E) The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase and measure the capacity of minority institutions to address the engineering, research, and development needs of the Department. (3) Consultation In developing the plan under paragraph (1), the Secretary of Defense shall consult with such other public and private sector organizations as the Secretary determines appropriate. (4) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (A) submit to the congressional defense committees a report that includes the plan developed under paragraph (1); and (B) make the plan available on a publicly accessible website of the Department of Defense. (b) Activities to support the research and engineering capacity of historically black colleges and universities and minority institutions (1) In general Subject to the availability of appropriations, the Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities for the purposes described in paragraph (2). (2) Purposes The purposes described in this paragraph are the following: (A) Developing the capability, including workforce and research infrastructure, for minority institutions to more effectively compete for Federal engineering, research, and development funding opportunities. (B) Improving the capability of such institutions to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities. (C) Any other purposes the Secretary determines appropriate for enhancing the defense-related engineering, research, and development capabilities of minority institutions. (c) Increasing partnerships for minority institutions with national security research and engineering organizations Section 2362 of title 10, United States Code, is amended— (1) in subsection (a), by striking Assistant Secretary each place it appears and inserting Under Secretary ; and (2) in subsection (d)— (A) by striking The Secretary of Defense may and inserting the following: (1) The Secretary of Defense may ; and (B) by adding at the end the following paragraph: (2) The Secretary of Defense shall establish goals and incentives to encourage federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— (A) to assess the capacity of covered educational institutions to address the research and development needs of the Department through partnerships and collaborations; and (B) if appropriate, to enter into partnerships and collaborations with such institutions.. (d) Minority institution defined In this section, the term minority institution means a covered educational institution (as defined in section 2362 of title 10, United States Code). 221. Test program for engineering plant of DDG(X) destroyer vessels (a) Test program required During the detailed design period and prior to the construction start date of the lead ship in the DDG(X) destroyer class of vessels, the Secretary of the Navy shall commence a land-based test program for the engineering plant of such class of vessels. (b) Administration The test program required by subsection (a) shall be administered by the Senior Technical Authority for the DDG(X) destroyer class of vessels. (c) Elements The test program required by subsection (a) shall include, at a minimum, testing of the following equipment in vessel-representative form: (1) Electrical propulsion motor. (2) Other propulsion drive train components. (3) Main propulsion system. (4) Electrical generation and distribution systems. (5) Machinery control systems. (6) Power control modules. (d) Test objectives The test program required by subsection (a) shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations for the DDG(X) destroyer class of vessels: (1) Test of a single shipboard representative propulsion drive train. (2) Test and facilitation of machinery control systems integration. (3) Simulation of the full range of electrical demands to enable the investigation of load dynamics between the hull, mechanical and electrical equipment, the combat system, and auxiliary equipment. (e) Completion date The Secretary of the Navy shall complete the test program required by subsection (a) by not later than the delivery date of the lead ship in the DDG(X) destroyer class of vessels. (f) Definitions In this section: (1) Delivery date The term delivery date has the meaning given that term in section 8671 of title 10, United States Code. (2) Senior Technical Authority The term Senior Technical Authority means the official designated as the Senior Technical Authority for the DDG(X) destroyer class of vessels pursuant to section 8669b of title 10, United States Code. 222. Consortium to study irregular warfare (a) Establishment The Secretary of Defense may establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats. (b) Purposes The purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding irregular warfare. (2) To maintain open-source databases on issues relevant to understanding terrorism, irregular threats, and social and environmental change. (3) To serve as a repository for datasets regarding research on security, social change, and irregular threats developed by institutions of higher education that receive Federal funding. (4) To support basic research in social science on emerging threats and stability dynamics relevant to irregular threat problem sets. (5) To transition promising basic research— (A) to higher stages of research and development; and (B) into operational capabilities, as appropriate, by supporting applied research and developing tools to counter irregular threats. (6) To facilitate the collaboration of research centers of excellence relating to irregular threats to better distribute expertise to specific issues and scenarios regarding such threats. (7) To enhance educational outreach and teaching at professional military education schools to improve— (A) the understanding of irregular threats; and (B) the integration of data-based responses to such threats. (8) To support classified research when necessary in appropriately controlled physical spaces. (9) To support the work of a Department of Defense Functional Center for Security Studies in Irregular Warfare if such Center is established pursuant to section 1299L of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (10) To carry out such other research initiatives relating to irregular warfare and irregular threats as the Secretary of Defense determines appropriate. (c) Partnerships If the Secretary of Defense establishes a research consortium under subsection (a), the Secretary shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions, as appropriate. (d) Institution of higher education defined In this section, the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). 223. Development and implementation of digital technologies for survivability and lethality testing (a) Expansion of survivability and lethality testing (1) In general The Secretary, in coordination with covered officials, shall— (A) expand the survivability and lethality testing of covered systems to include testing against non-kinetic threats; and (B) develop digital technologies to test such systems against such threats throughout the life cycle of each such system. (2) Development of digital technologies for live fire testing (A) In general The Secretary, in coordination with covered officials, shall develop— (i) digital technologies to enable the modeling and simulation of the live fire testing required under section 2366 of title 10, United States Code; and (ii) a process to use data from physical live fire testing to inform and refine the digital technologies described in clause (i). (B) Objectives In carrying out subparagraph (A), the Secretary shall seek to achieve the following objectives: (i) Enable assessments of full spectrum survivability and lethality of each covered system with respect to kinetic and non-kinetic threats. (ii) Inform the development and refinement of digital technology to test and improve covered systems. (iii) Enable survivability and lethality assessments of the warfighting capabilities of a covered system with respect to— (I) communications; (II) firepower; (III) mobility; (IV) catastrophic survivability; and (V) lethality. (C) Demonstration activities (i) In general The Secretary, acting through the Director, shall carry out activities to demonstrate the digital technologies for full spectrum survivability testing developed under subparagraph (A). (ii) Program selection The Secretary shall assess and select not fewer than three and not more than ten programs of the Department to participate in the demonstration activities required under clause (i). (iii) Armed Forces programs Of the programs selected pursuant to clause (ii), the Director shall select— (I) at least one such program from the Army; (II) at least one such program from the Navy or the Marine Corps; and (III) at least one such program from the Air Force or the Space Force. (3) Regular survivability and lethality testing throughout life cycle (A) In general The Secretary, in coordination with covered officials, shall— (i) develop a process to regularly test through the use of digital technologies the survivability and lethality of each covered system against kinetic and non-kinetic threats throughout the life cycle of such system as threats evolve; and (ii) establish guidance for such testing. (B) Elements In carrying out subparagraph (A), the Secretary shall determine the following: (i) When to deploy digital technologies to provide timely and up-to-date insights with respect to covered systems without unduly delaying fielding of capabilities. (ii) The situations in which it may be necessary to develop and use digital technologies to assess legacy fleet vulnerabilities. (b) Reports and briefing (1) Assessment and selection of programs Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that identifies the programs selected to participate in the demonstration activities under subsection (a)(2)(C). (2) Modernization and digitization report (A) In general Not later than March 15, 2023, the Director shall submit to the congressional defense committees a report that includes— (i) an assessment of the progress of the Secretary in carrying out subsection (a); (ii) an assessment of each of the demonstration activities carried out under subsection (a)(2)(C), including a comparison of— (I) the risks, benefits, and costs of using digital technologies for live fire testing and evaluation; and (II) the risks, benefits, and costs of traditional physical live fire testing approaches that— (aa) are not supported by digital technologies; (bb) do not include testing against non-kinetic threats; and (cc) do not include full spectrum survivability; (iii) an explanation of— (I) how real-world operational and digital survivability and lethality testing data will be used to inform and enhance digital technology; (II) the contribution of such data to the digital modernization efforts required under section 836 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); and (III) the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department; (iv) an assessment of the ability of the Department to perform full spectrum survivability and lethality testing of each covered system with respect to kinetic and non-kinetic threats; (v) an assessment of the processes implemented by the Department to manage digital technologies developed pursuant to subsection (a); and (vi) an assessment of the processes implemented by the Department to develop digital technology that can perform full spectrum survivability and lethality testing with respect to kinetic and non-kinetic threats. (B) Briefing Not later than April 14, 2023, the Director shall provide to the congressional defense committees a briefing that identifies any changes to existing law that may be necessary to implement subsection (a). (c) Definitions In this section: (1) The term covered officials means— (A) the Under Secretary of Defense for Research and Engineering; (B) the Under Secretary of Defense for Acquisition and Sustainment; (C) the Chief Information Officer; (D) the Director; (E) the Director of Cost Assessment and Program Evaluation; (F) the Service Acquisition Executives; (G) the Service testing commands; (H) the Director of the Defense Digital Service; and (I) representatives from— (i) the Department of Defense Test Resource Management Center; (ii) the High Performance Computing Modernization Program Office; and (iii) the Joint Technical Coordination Group for Munitions Effectiveness. (2) The term covered system means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions. (3) The term Department means the Department of Defense. (4) The term digital technologies includes digital models, digital simulations, and digital twin capabilities that may be used to test the survivability and lethality of a covered system. (5) The term Director means the Director of Operational Test and Evaluation. (6) The term full spectrum survivability and lethality testing means a series of assessments of the effects of kinetic and non-kinetic threats on the communications, firepower, mobility, catastrophic survivability, and lethality of a covered system. (7) The term non-kinetic threats means unconventional threats, including— (A) cyber attacks; (B) electromagnetic spectrum operations; (C) chemical, biological, radiological, nuclear effects and high yield explosives; and (D) directed energy weapons. (8) The term Secretary means the Secretary of Defense. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft (a) Testing and evaluation required Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall commence operational testing and evaluation of each fleet of tactical fighter aircraft (including each type and model variant of aircraft within the fleet) that uses the Onboard Oxygen Generating System for the pilot breathing system (in this section referred to as the breathing system ) to— (1) determine whether the breathing system complies with Military Standard 3050 (MIL–STD–3050), titled Aircraft Crew Breathing Systems Using On-Board Oxygen Generating System (OBOGS) ; and (2) assess the safety and effectiveness of the breathing system for all pilots of the aircraft fleet tested. (b) Requirements The following shall apply to the testing and evaluation conducted for an aircraft fleet under subsection (a): (1) The F–35 aircraft fleet shall be the first aircraft fleet tested and evaluated, and such testing and evaluation shall include F–35A, F–35B, and F–35C aircraft. (2) The pilot, aircraft systems, and operational flight environment of the aircraft shall not be assessed in isolation but shall be tested and evaluated as integrated parts of the breathing system. (3) The testing and evaluation shall be conducted under a broad range of operating conditions, including variable weather conditions, low-altitude flight, high-altitude flight, during weapons employment, at critical phases of flight such as take-off and landing, and in other challenging environments and operating flight conditions. (4) The testing and evaluation shall assess operational flight environments for the pilot that replicate expected conditions and durations for high gravitational force loading, rapid changes in altitude, rapid changes in airspeed, and varying degrees of moderate gravitational force loading. (5) A diverse group of pilots shall participate in the testing and evaluation, including— (A) pilots who are test-qualified and pilots who are not test-qualified; and (B) pilots who vary in gender, physical conditioning, height, weight, and age, and any other attributes that the Secretary determines to be appropriate. (6) Aircraft involved in the testing and evaluation shall perform operations with operationally representative and realistic aircraft configurations. (7) The testing and evaluation shall include assessments of pilot life support gear and relevant equipment, including the pilot breathing mask apparatus. (8) The testing and evaluation shall include testing data from pilot reports, measurements of breathing pressures and air delivery response timing and flow, cabin pressure, air-speed, acceleration, measurements of hysteresis during all phases of flight, measurements of differential pressure between mask and cabin altitude, and measurements of spirometry and specific oxygen saturation levels of the pilot immediately before and immediately after each flight. (9) The analysis of the safety and effectiveness of the breathing system shall thoroughly assess any physiological effects reported by pilots, including effects on health, fatigue, cognition, and perception of any breathing difficulty. (10) The testing and evaluation shall include the participation of subject matter experts who have familiarity and technical expertise regarding design and functions of the aircraft, its propulsion system, pilot breathing system, life support equipment, human factors, and any other systems or subject matter the Secretary determines necessary to conduct effective testing and evaluation. At a minimum, such subject matter experts shall include aerospace physiologists, engineers, flight surgeons, and scientists. (11) In carrying out the testing and evaluation, the Secretary of Defense may seek technical support and subject matter expertise from the Naval Air Systems Command, the Air Force Research Laboratory, the Office of Naval Research, the National Aeronautics and Space Administration, and any other organization or element of the Department of Defense or the National Aeronautics and Space Administration that the Secretary, in consultation with the Administrator of the National Aeronautics and Space Administration, determines appropriate to support the testing and evaluation. (c) Corrective actions Not later than 90 days after the submittal of a final report under subsection (e) for an aircraft fleet, the Secretary of Defense shall take such actions as are necessary to correct all deficiencies, shortfalls, and gaps in the breathing system that were discovered or reported as a result of the testing and evaluation of such aircraft fleet under subsection (a). (d) Preliminary reports (1) In general Not later than the date specified in paragraph (2), for each aircraft fleet tested and evaluated under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a separate preliminary report, based on the initial results of such testing and evaluation, that includes— (A) the initial findings and recommendations of the Secretary; (B) potential corrective actions that the Secretary of Defense may carry out to address deficiencies in the breathing system of the aircraft tested; and (C) the results of initial review and assessment, conducted by the Administrator of the National Aeronautics and Space Administration for purposes of the report, of— (i) the testing and evaluation plans, execution, processes, data, and technical results of the testing and evaluation activities under subsection (a); and (ii) the initial findings, recommendations, and potential corrective actions determined by the Secretary of Defense under subparagraphs (A) and (B). (2) Date specified The date specified in this paragraph is the earlier of— (A) a date selected by the Secretary of the Air Force that is not later than 180 days after the testing and evaluation of the aircraft fleet under subsection (a) has been completed; or (B) one year after the commencement of the testing and evaluation of the aircraft fleet under subsection (a). (e) Final reports Not later than two years after the commencement of the testing and evaluation under subsection (a) for an aircraft fleet, the Secretary of Defense shall submit to the congressional defense committees a final report on the results of such testing with respect to such aircraft fleet that includes, based on the final results of such testing and evaluation— (1) findings and recommendations with respect to the breathing system; and (2) a description of the specific actions the Secretary will carry out to correct deficiencies in the breathing system, as required under subsection (c). (f) Independent review of final report (1) In general The Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall seek to enter into an agreement with a federally funded research and development center with relevant expertise to conduct an independent sufficiency review of the final reports submitted under subsection (e). (2) Report to Secretary Not later than seven months after the date on which the Secretary of Defense enters into an agreement with a federally funded research and development center under paragraph (1), the center shall submit to the Secretary a report on the results of the review conducted under such paragraph. (3) Report to Congress Not later than 30 days after the date on which the Secretary of Defense receives the report under paragraph (2), the Secretary shall submit the report to the congressional defense committees. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base (a) Identification required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall identify each facility and capability of the Major Range and Test Facility Base— (1) the primary mission of which is the test and evaluation of hypersonics technology; or (2) that provides other test and evaluation capabilities to support the development of hypersonics technology. (b) Briefing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on a plan to improve the capabilities identified under subsection (a), including— (1) a schedule for such improvements; and (2) a description of any organizational changes, investments, policy changes, or other activities the Secretary proposes to carry out as part of such plan. (c) Major Range and Test Facility Base In this section, the term Major Range and Test Facility Base has the meaning given that term in section 196(i) of title 10, United States Code. 226. Review of artificial intelligence applications and establishment of performance metrics (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Department of Defense; and (2) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations. (b) Performance objectives and accompanying metrics (1) Skill gaps In carrying out subsection (a), the Secretary of Defense shall require each Secretary of a military department and the heads of such other organizations and elements of the Department of Defense as the Secretary of Defense determines appropriate to— (A) conduct a comprehensive review and assessment of— (i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence; (ii) the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and (iii) the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and (B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Department for skilled personnel. (2) AI modernization activities In carrying out subsection (a), the Secretary of Defense shall— (A) assess investment by the Department of Defense in artificial intelligence innovation, science and technology, and research and development; (B) assess investment by the Department in test and evaluation of artificial intelligence capabilities; and (C) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Department. (3) Exercises, wargames, and experimentation In conjunction with the activities of the Secretary of Defense under subsection (a), the Chairman of the Joint Chiefs of Staff, in coordination with the Director of the Joint Artificial Intelligence Center, shall— (A) assess the integration of artificial intelligence into war-games, exercises, and experimentation; and (B) develop performance objectives and accompanying metrics for such integration. (4) Logistics and sustainment In carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense for Acquisition and Sustainment, with support from the Director of the Joint Artificial Intelligence Center, to— (A) assess the application of artificial intelligence in logistics and sustainment systems; and (B) establish performance objectives and accompanying metrics for integration of artificial intelligence in the Department of Defense logistics and sustainment enterprise. (5) Business applications In carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense (Comptroller), in coordination with the Director of the Joint Artificial Intelligence Center, to— (A) assess the integration of artificial intelligence for administrative functions that can be performed with robotic process automation and artificial intelligence-enabled analysis; and (B) establish performance objectives and accompanying metrics for the integration of artificial intelligence in priority business process areas of the Department of Defensee, including the following: (i) Human resources. (ii) Budget and finance, including audit. (iii) Retail. (iv) Real estate. (v) Health care. (vi) Logistics. (vii) Such other business processes as the Secretary considers appropriate. (c) Report to Congress Not later than 120 days after the completion of the review required by subsection (a)(1), the Secretary of Defense shall submit to the congressional defense committees a report on— (1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and (2) the performance objectives and accompanying metrics established under subsections (a)(2) and (b). 227. Modification of the joint common foundation program (a) Modification of joint common foundation The Secretary of Defense shall modify the Joint Common Foundation program conducted by the Joint Artificial Intelligence Center to ensure that Department of Defense components can more easily contract with leading commercial artificial intelligence companies to support the rapid and efficient development and deployment of applications and capabilities. (b) Qualifying commercial companies The Secretary of Defense shall take such actions as may be necessary to increase the number of commercial artificial intelligence companies eligible to provide support to Department of Defense components, including with respect to requirements for cybersecurity protections and processes, to achieve automatic authority to operate and provide continuous delivery, security clearances, data portability, and interoperability. (c) Use of FAR part 12 The Secretary of Defense shall ensure that, to the maximum extent practicable, commercial artificial intelligence companies are able to offer platforms, services, applications, and tools to Department of Defense components through processes and procedures under part 12 of the Federal Acquisition Regulation. (d) Objectives of the Joint Common Foundation program The objectives of the Joint Common Foundation program shall include the following: (1) Relieving Department of Defense components of the need to design or develop or independently contract for the computing and data hosting platforms and associated services on and through which the component at issue would apply its domain expertise to develop specific artificial intelligence applications. (2) Providing expert guidance to components in selecting commercial platforms, tools, and services to support the development of component artificial intelligence applications. (3) Ensuring that leading commercial artificial intelligence technologies and capabilities are easily and rapidly accessible to components through streamlined contracting processes. (4) Assisting components in designing, developing, accessing, or acquiring commercial or non-commercial capabilities that may be needed to support the operational use of artificial intelligence applications. (5) Enabling companies to develop software for artificial intelligence applications within secure software development environments that are controlled, sponsored, required, or specified by the Department of Defense, including PlatformOne of the Department of the Air Force (e) Briefing Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on actions taken to carry out this section. 228. Executive education on emerging technologies for senior civilian and military leaders (a) Establishment of course Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall establish executive education activities on emerging technologies for appropriate general and flag officers and senior executive-level civilian leaders that are designed specifically to prepare new general and flag officers and senior executive-level civilian leaders on relevant technologies and how these technologies may be applied to military and business activities in the Department of Defense. (b) Plan for participation (1) In general The Secretary of Defense shall develop a plan for participation in executive education activities established under subsection (a). (2) Requirements As part of such plan, the Secretary shall ensure that, not later than five years after the date of the establishment of the activities under subsection (a), all appropriate general flag officers and senior executive-level civilian leaders are— (A) required to complete the executive education activities under such subsection; and (B) certified as having successfully completed the executive education activities. (c) Report (1) In general Not later than the date that is three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the status of the implementation of the activities required by subsection (a). (2) Contents The report submitted under paragraph (1) shall include the following: (A) A description of the new general and flag officers and senior executive-level civilian leaders for whom the education activities have been designated. (B) A recommendation with respect to continuing or expanding the activities required under subsection (a). 229. Activities to accelerate development and deployment of dual-use quantum technologies (a) Activities required The Secretary of Defense shall establish a set of activities— (1) to accelerate the development and deployment of dual-use quantum capabilities; (2) to ensure the approach of the United States to investments of the Department of Defense in quantum information science research and development reflects an appropriate balance between scientific progress and the potential economic and security implications of such progress; (3) to ensure that the Department of Defense is fully aware and has a technical understanding of the maturity and operational utility of new and emerging quantum technologies; and (4) to ensure the Department of Defense consistently has access to the most advanced quantum capabilities available in the commercial sector to support research and modernization activities. (b) Assistance program (1) Program required In carrying out subsection (a) and subject to the availability of appropriations for such purpose, the Secretary of Defense shall, acting through the Director of the Defense Advanced Research Projects Agency and in consultation with appropriate public and private sector organizations, establish a program under which the Secretary may award assistance to one or more organizations— (A) to identify defense applications for which dual-use quantum technologies provide a clear advantage over competing technologies; (B) to accelerate development of such quantum technologies; and (C) to accelerate the deployment of dual-use quantum capabilities. (2) Form of assistance Assistance awarded under the program required by paragraph (1) may consist of a grant, a contract, a cooperative agreement, other transaction, or such other form of assistance as the Secretary of Defense considers appropriate. (3) Authorities and acquisition approaches The Secretary of Defense may use the following authorities and approaches for the program required by paragraph (1): (A) Section 2374a of title 10, United States Code, relating to prizes for advanced technology achievements. (B) Section 2373 of such title, relating to procurement for experimental purposes. (C) Sections 2371 and 2371b of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively. (D) Section 2358 of such title, relating to research and development projects. (E) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures. (F) Requirement for milestone payments based on technical achievements. (G) Requirement for cost share from private sector participants in the program. (H) Commercial procurement authority under part 12 of the Federal Acquisition Regulation. (I) Such other authorities or approaches as the Secretary considers appropriate. (4) Policies and procedures The Secretary of Defense shall, in consultation with such experts from government and industry as the Secretary considers appropriate, establish policies and procedures to carry out the program required by paragraph (1). (c) Briefing and report (1) Briefing Not later than March 1, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the plan to carry out the activities required by subsection (a) and the program required by subsection (b). (2) Report Not later than December 31, 2022, and not less frequently than once each year thereafter until December 31, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the activities carried out under subsection (a) and the program carried out under subsection (b). 230. National Guard participation in microreactor testing and evaluation The Secretary of Defense may, in coordination with the Director of the Strategic Capabilities Office and the Chief of the National Guard Bureau, assemble a collection of four National Guard units to participate in the testing and evaluation of a micro nuclear reactor program. 231. Pilot program on the use of private sector partnerships to promote technology transition (a) In general Consistent with section 2359 of title 10, United States Code, the Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology programs, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases into acquisition activities and operational use. Under the pilot program, the Secretary shall seek to enter into agreements with qualified private sector organizations to support— (1) matching technology developers with programs, projects, and activities of the Department that may have a use for the technology developed by such developers; (2) providing technical assistance to appropriate parties on participating in the procurement programs and acquisition processes of the Department, including training and consulting on programming, budgeting, contracting, requirements, and other relevant processes and activities; and (3) overcoming barriers and challenges facing technology developers, including challenges posed by restrictions on accessing secure facilities, networks, and information. (b) Priority In carrying out the activities described in paragraphs (1) through (3) of subsection (a), a qualified private sector organization shall give priority to technology producers that are small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )), research institutions (as defined in section 9(e) of such Act), or institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C 1001)). (c) Terms of agreements The terms of an agreement under subsection (a) shall be determined by the Secretary of Defense. (d) Data collection (1) Plan required before implementation The Secretary of Defense may not enter into an agreement under subsection (a) until the date on which the Secretary— (A) completes a plan to for carrying out the data collection required under paragraph (2); and (B) submits the plan to the congressional defense committees. (2) Data collection required The Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of— (A) developing and sharing best practices for facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; (B) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and (C) providing information to the congressional defense committees as required under subsection (e). (e) Briefing Not later than December 31, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues. (f) Consultation In carrying out the pilot program under this section, the Secretary of Defense shall consult with— (1) service acquisition executives (as defined in section 101 of title 10, United States Code); (2) the heads of appropriate Defense Agencies and Department of Defense Field Activities; (3) procurement technical assistance centers (as described in chapter 142 of title 10, United States Code); and (4) such other individuals and organizations as the Secretary determines appropriate. (g) Termination The pilot program under this section shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a). (h) Comptroller general assessment and report (1) Assessment The Comptroller General of the United States shall conduct an assessment of the pilot program under this section. The assessment shall include an evaluation of the effectiveness of the pilot program with respect to— (A) facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; and (B) protecting sensitive information in the course of the pilot program. (2) Report Not later than the date specified in paragraph (3), the Comptroller General shall submit to the congressional defense committees a report on the results of the assessment conducted under paragraph (1). (3) Date specified The date specified in this paragraph is the earlier of— (A) four years after the date on which the Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a): or (B) five years after the date of the enactment of this Act. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense (a) Establishment of data repositories The Secretary of Defense, acting through the Chief Data Officer of the Department of Defense and the Director of the Joint Artificial Intelligence Center (and such other officials as the Secretary determines appropriate), may carry out a pilot program under which the Secretary— (1) establishes data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and (2) allows appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the Secretary, be procured by the Department to satisfy Department requirements and technology development goals. (b) Elements If the Secretary of Defense carries out the pilot program under subsection (a), the data repositories established under the program— (1) may include unclassified training quality data sets and associated labels representative of diverse types of information, representing Department of Defense missions, business processes, and activities; and (2) shall— (A) be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions; (B) be made available to appropriate public and private sector organizations to support rapid development of software and artificial intelligence capabilities; (C) include capabilities and tool sets to detect, evaluate, and correct errors in data annotation, identify gaps in training data used in model development that would require additional data labeling, and evaluate model performance across the life cycle of the data repositories; and (D) be developed to support other missions and activities as determined by the Secretary. (c) Briefing Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) whether the Secretary intends to carry out the pilot program under this section; (2) if the Secretary does not intend to carry out the pilot program, an explanation of the reasons for such decision; (3) if the Secretary does intend to carry out the pilot program, or if the Secretary has already initiated the pilot program as of the date of the briefing— (A) the types of information the Secretary determines are feasible and advisable to include in the data repositories described in subsection (a); and (B) the progress of the Secretary in carrying out the program. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations (a) Plans (1) In general Not later than 180 days after enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a plan for a pilot program for the deployment of telecommunications infrastructure to facilitate the availability of fifth-generation wireless telecommunications services on military installations under the jurisdiction of the Secretary. (2) Plan elements Each plan submitted under paragraph (1) by a Secretary of a military department shall include, with respect to such military department, the following: (A) A list of military installations at which the pilot program will be carried out, including at least one military installation of the department. (B) A description of authorities that will be used to execute the pilot program. (C) A timeline for the implementation and duration of the pilot program. (D) The identity of each telecommunication carrier that intends to use the telecommunications infrastructure deployed pursuant to the pilot to provide fifth-generation wireless telecommunication services at each of the military installations listed under subparagraph (A). (E) An assessment of need for centralized processes and points of contacts to facilitate deployment of the telecommunications infrastructure. (b) Pilot programs required Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall establish a pilot program in accordance with the plan submitted by the Secretary under subsection (a)(1). (c) Reports (1) In general Not later than 180 days after the date on which a Secretary of a military department commences a pilot program under subsection (b), and not less frequently than once every 180 days thereafter until the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. (2) Contents Each report submitted under paragraph (1) for a pilot program shall include the following: (A) A description of the status of the pilot program at each military installation at which the pilot program is carried out. (B) A description of the use of, and services provided by, telecommunications carriers of the telecommunications infrastructure at each military installation under the pilot program. (C) Such additional information as the Secretary of the military department considers appropriate. (d) Telecommunications infrastructure defined In this section, the term telecommunications infrastructure includes, at a minimum, the following: (1) Macro towers. (2) Small cell poles. (3) Distributed antenna systems. (4) Dark fiber. (5) Power solutions. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis (a) Limitation The Secretary of the Army may not enter into a contract for the development of a physical prototype for the Optionally Manned Fighting Vehicle or any other next-generation infantry fighting vehicle of the Army until a period of 30 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report required under subsection (b). (b) Report required (1) In general The Secretary of the Army shall submit to the congressional defense committees a report on the analysis supporting the determination of formal requirements or desired characteristics for the Optionally Manned Fighting Vehicle refined through the concept and detailed design phases of the acquisition strategy. (2) Elements The report required by paragraph (1) shall include the following: (A) A detailed description of the formal requirements applicable to the Optionally Manned Fighting Vehicle or desired characteristics guiding the physical prototyping phase of the program. (B) A description of the analysis conducted to finalize such requirements and characteristics. (C) A description of Optionally Manned Fighting Vehicle-equipped force structure designs and the operational concepts analyzed during the vehicle concept design and detailed design phases. (D) A detailed description of the analysis conducted, trade-offs considered, and conclusions drawn with respect to the force structure designs and operational concepts, survivability, mobility, lethality, payload, and combat effectiveness in execution of the critical operational tasks required of fighting-vehicle-equipped infantry. (E) An assessment and comparison of the combat effectiveness (including survivability, mobility, and lethality) of combined arms company teams equipped with Optionally Manned Fighting Vehicles compared to those equipped with fully modernized Bradley Fighting Vehicles. (c) Briefing required At least 30 days prior to the submission of the report under subsection (b), the Secretary of the Army shall provide to the congressional defense committees a briefing on the preliminary findings of the Secretary with respect to each element specified in subsection (b)(2). (d) Comptroller General assessment Not later than 60 days after the date on which the report under subsection (b) is submitted, the Comptroller General of the United States shall submit to the congressional defense committees a written assessment of the report, including— (1) an assessment of the objectivity, validity, and reliability of the Army’s analysis with respect to each element specified in subsection (b)(2); and (2) any other matters the Comptroller General determines appropriate. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity (a) Limitation (1) In general The Secretary of the Navy may not take any action described in paragraph (2) until the date on which the Director of Operational Test and Evaluation, in consultation with the Secretary of the Navy, certifies to the congressional defense committees that the use of non-test designated units to conduct flight testing will not have any appreciable effect on— (A) the cost or schedule of any naval aviation or naval aviation-related program; or (B) the efficacy of test execution, analysis, and evaluation for any such program. (2) Actions described The actions described in this paragraph are the following: (A) The delegation of any operational flight test event to be conducted by a non-test designated unit. (B) Any action that would reduce, below the levels authorized and in effect on October 1, 2020, any of the following: (i) The aviation or aviation-related operational testing and evaluation capacity of the Department of the Navy. (ii) The personnel billets assigned to support such capacity. (iii) The aviation force structure, aviation inventory, or quantity of aircraft assigned to support such capacity, including rotorcraft and fixed-wing aircraft. (b) Report required Not later than September 1, 2022, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that assesses each of the following as of the date of the report: (1) The design and effectiveness of the testing and evaluation infrastructure and capacity of the Department of the Navy, including an assessment of whether such infrastructure and capacity is sufficient to carry out the acquisition and sustainment testing required for the aviation-related programs of the Department of Defense and the naval aviation-related programs of the Department of the Navy. (2) The plans of the Secretary of the Navy to reduce the testing and evaluation capacity and infrastructure of the Navy with respect to naval aviation in fiscal year 2022 and subsequent fiscal years, as specified in the budget of the President submitted to Congress on May 28, 2021. (3) The technical, fiscal, and programmatic issues and risks associated with the plans of the Secretary of the Navy to delegate and task non-test designated operational naval aviation units and organizations to efficiently and effectively execute, analyze, and evaluate testing and evaluation master plans for all aviation-related programs and projects of the Department of the Navy. (c) Non-test designated unit defined In this section, the term non-test designated unit means a naval aviation unit that does not have designated as its primary mission operational testing and evaluation in support of naval aviation or naval aviation-related projects and programs. 236. Limitation on availability of funds for certain C–130 aircraft None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to procure a C–130 aircraft for testing and evaluation as a potential replacement for the E–6B aircraft until the date on which all of the following conditions are met: (1) The Secretary of the Navy has submitted to the congressional defense committees a report that includes— (A) the unit cost of each such C–130 test aircraft; (B) the life cycle sustainment plan for such C–130 aircraft; (C) a statement indicating whether such C–130 aircraft will be procured using multiyear contracting authority under section 2306b of title 10, United States Code; and (D) the total amount of funds needed to complete the procurement of such C–130 aircraft. (2) The Secretary of the Navy has certified to the congressional defense committees that C–130 aircraft in the inventory of the Air Force as of the date of the enactment of this Act would not be capable of fulfilling all requirements under the E–6B aircraft program of record. (3) The Commander of the United States Strategic Command has submitted to the congressional defense committees a report identifying the plan for hardware that will replace the E–6B aircraft while fulfilling all requirements under the E–6B program of record. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation (a) Documentation required Not later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees an integrated master schedule that has been approved by the Secretary for the VC–25B presidential aircraft recapitalization program of the Air Force. (b) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force for the VC–25B aircraft, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required under subsection (a). 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for research, development, test, and evaluation for the Army for the High Accuracy Detection and Exploitation System, not more than 75 percent may be obligated or expended until the Vice Chairman of the Joint Chiefs of Staff certifies to the congressional defense committees that— (1) the High Accuracy Detection and Exploitation System enables multi-domain operations for the Army and is consistent with the Joint All Domain Command and Control strategy of the Department of Defense; and (2) in a conflict, the System will be able to operate at standoff distances for survivability against enemy air defenses, while providing signals intelligence, electronic intelligence, communications intelligence, or synthetic aperture radar or moving target indicator information to the ground component commander, consistent with planned operational concepts. 241. Modification to annual report of the Director of Operational Test and Evaluation Section 139(h)(2) of title 10, United States Code, is amended by striking , through January 31, 2026. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft (a) In general Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Air Force, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program propulsion system into the F–35A aircraft. (b) Elements The report required under subsection (a) shall include the following: (1) A competitive acquisition strategy, informed by fiscal considerations, to— (A) integrate the Adaptive Engine Transition Program propulsion system into the F–35A aircraft; and (B) begin, not later than fiscal year 2027, activities to retrofit all F–35A aircraft with such propulsion system. (2) An implementation plan to implement such strategy. (3) A schedule annotating pertinent milestones and yearly fiscal resource requirements for the implementation of such strategy. 243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft (a) In general Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Navy, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of an advanced propulsion system into F–35B and F–35C aircraft. (b) Elements The report required under subsection (a) shall include the following: (1) An analysis the effects of an advanced propulsion system on the combat effectiveness and sustainment costs of F–35B and F–35C aircraft, including any effects resulting from— (A) increased thrust, fuel efficiency, thermal capacity, and electrical generation; and (B) improvements in acceleration, speed, range, and overall mission effectiveness. (2) An assessment of how the integration of an advanced propulsion system may result in— (A) a reduction in dependency on support assets, including air refueling and replenishment tankers; and (B) an overall cost benefit to the Department from reduced acquisition and sustainment for such support assets. (3) A competitive acquisition strategy (informed by fiscal considerations, the assessment of combat effectiveness under paragraph (1), and consideration of technical limitations)— (A) to integrate an advanced propulsion system into F–35B aircraft and F–35C aircraft; (B) to begin, not later than fiscal year 2027, activities to produce all F–35B aircraft and all F–35C aircraft with such propulsion systems; and (C) to begin, not later than fiscal year 2027, activities to retrofit all F–35B aircraft and all F–35C aircraft with such propulsion systems. (c) Advanced propulsion system defined In this section, term advanced propulsion system means— (1) a derivative of the propulsion system developed for the F–35 aircraft under the Adaptive Engine Transition Program of the Air Force; or (2) a derivative of a propulsion system previously developed for the F–35 aircraft. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory (a) Assessment required The Secretary of the Air Force shall conduct an assessment of the ability of the Air Force Research Laboratory to effectively carry out development and testing activities with respect to the capabilities of the Space Force specific to space access and space operations. (b) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). The report shall include an explanation of— (1) any challenges to the development and testing capabilities of the Air Force Research Laboratory as described subsection (a), including any challenges relating to test activities and infrastructure; (2) any changes to the organizational structure of the Laboratory that may be needed to enable the laboratory to adequately address the missions of both the Space Force and the Air Force generally, and the amount of funding, if any, required to implement such changes; (3) any barriers to the recapitalization of the testing infrastructure of the Laboratory; and (4) the plans of the Secretary to address the issues identified under paragraphs (1) through (3). 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories (a) Study required (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a study on the resources and capabilities of the test and evaluation organizations, facilities, and laboratories of the Department of Defense. (2) Participation Participants in the study conducted under paragraph (1) shall include the following: (A) Such members of the Defense Science Board as the Chairman of the Board considers appropriate for the study. (B) Such additional temporary members or contracted support as the Secretary— (i) selects from those recommended by the Chairman for purposes of the study; and (ii) considers to have significant technical, policy, or military expertise relevant to defense test and evaluation missions. (3) Elements The study conducted under paragraph (1) shall include the following: (A) Assessment of the effectiveness of current developmental testing, operational testing, and integrated testing within the Department of Defense in meeting statutory objectives and the test and evaluation requirements of the Adaptive Acquisition Framework. (B) Identification of industry and government best practices for conducting developmental testing, operational testing, and integrated testing. (C) Potential applicability of industry and government best practices for conducting developmental testing, operational testing, and integrated testing within the Department to improve test and evaluation outcomes. (D) Identification of duplication of efforts and other non- or low-value added activities that reduce speed and effectiveness of test and evaluation activities. (E) Assessment of test and evaluation oversight organizations within the Office of the Secretary of Defense, including their authorities, responsibilities, activities, resources, and effectiveness, including with respect to acquisition programs of the military departments and Defense Agencies. (F) Assessment of the research, development, test, and evaluation infrastructure master plan required under section 252 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note). (F) Development and assessment of potential courses of action to improve the effectiveness of oversight of developmental testing, operational testing, and integrated testing activities, and test and evaluation resources within the Office of the Secretary of Defense, including as one such course of action establishing a single integrated office with such responsibilities. (G) Development of such recommendations as the Defense Science Board may have for legislative changes, authorities, organizational realignments, and administrative actions to improve test and evaluation oversight and capabilities, and facilitate better test and evaluation outcomes. (H) Such other matters as the Secretary considers appropriate. (4) Access to information The Secretary of Defense shall provide the Defense Science Board with timely access to appropriate information, data, resources, and analysis so that the Board may conduct a thorough and independent analysis as required under this subsection. (5) Report (A) Report of Board Not later than one year after the date on which the Secretary of Defense directs the Defense Science Board to conduct the study under paragraph (1), or December 1, 2022, whichever occurs earlier, the Board shall transmit to the Secretary a final report on the study. (B) Submittal to Congress Not later than 30 days after the date on which the Secretary of Defense receives the final report under subparagraph (A), the Secretary shall submit to the congressional defense committees such report and such comments as the Secretary considers appropriate. (b) Briefing required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the schedule and plan to execute activities under this section. 246. Report on autonomy integration in major weapon systems (a) Report required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on activities to resource and integrate autonomy software into appropriate systems to enable the continued operational capability of such systems in GPS-denied environments by fiscal year 2025. (b) Elements The report required under subsection (a) shall include— (1) a list of systems, to be selected by the Secretary of Defense, which can be integrated with autonomy software as described in subsection (a) by fiscal year 2025; (2) timelines for integrating autonomy software into the systems as identified under paragraph (1); (3) funding requirements related to the development, acquisition, and testing of autonomy software for such systems; (4) plans to leverage advanced artificial intelligence technologies, as appropriate, for such systems; (5) plans for ensuring the safety and security of such systems equipped with autonomy software, including plans for testing, evaluation, validation, and verification of such systems; and (6) a list of Department of Defense policies in effect as of the date of the report that would need to be modified or revoked in order to implement the software integration described in subsection (a). (c) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense (a) Reports required On an annual basis during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense. Each such report shall include— (1) for each such recommendation, a determination of whether the Secretary of Defense intends to implement the recommendation; (2) in the case of a recommendation the Secretary intends to implement, the intended timeline for implementation, a description of any additional resources or authorities required for such implementation, and the plan for such implementation; (3) in the case of a recommendation the Secretary determines is not advisable or feasible, the analysis and justification of the Secretary in making that determination; and (4) in the case of a recommendation the Secretary determines the Department is already implementing through a separate line of effort, the analysis and justification of the Secretary in making that determination. (b) Briefings required Not less frequently than once each year during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) the progress of the Secretary in analyzing and implementing the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense; (2) any programs, projects, or other activities of the Department that are being carried out to advance the recommendations of the Commission; and (3) the amount of funding provided for such programs, projects, and activities. 301. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents (a) National Defense Strategy and defense planning guidance Section 113(g) of title 10, United States Code, is amended— (1) in paragraph (1)(B)— (A) in clause (ii), by striking actors, and inserting actors, and the current or projected threats to military installation resilience, ; and (B) by inserting after clause (ix), the following new clause: (x) Strategic goals to address or mitigate the current and projected risks to military installation resilience. ; and (2) in paragraph (2)(A), in the matter preceding clause (i), by striking priorities, and inserting priorities, including priorities relating to the current or projected risks to military installation resilience,. (b) National defense sustainment and logistics review (1) In general The first section 118a of such title is amended— (A) in subsection (a), by striking capabilities, and inserting capabilities, response to risks to military installation resilience, ; (B) by redesignating such section, as amended by subparagraph (A), as section 118b; and (C) by moving such section so as to appear after section 118a. (2) Clerical and conforming amendments (A) Clerical amendments The table of sections for chapter 2 of such title is amended— (i) by striking the first item relating to section 118a; and (ii) by inserting after the item relating to section 118a the following new item: 118b. National Defense Sustainment and Logistics Review.. (B) Conforming amendment Section 314(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking section 118a and inserting section 118b. (c) Chairman’s risk assessment Section 153(b)(2)(B) of title 10, United States Code, is amended by inserting after clause (vi) the following new clause: (vii) Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.. (d) Strategic decisions relating to military installations The Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the strategic risks associated with military installation resilience. (e) National Defense Strategy and National Military Strategy The Secretary of Defense, in coordination with the heads of such other Federal agencies as the Secretary determines appropriate, shall incorporate the security implications of military installation resilience into the National Defense Strategy and the National Military Strategy. (f) National security planning documents The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security implications associated with military installation resilience in developing the Defense Planning Guidance under section 113(g)(2) of title 10, United States Code, the Risk Assessment of the Chairman of the Joint Chiefs of Staff under section 153(b)(2) of such title, and other relevant strategy, planning, and programming documents and processes. (g) Campaign plans of combatant commands The Secretary of Defense shall ensure that the national security implications associated with military installation resilience are integrated into the campaign plans of the combatant commands. (h) Report on security implications associated with military installation resilience (1) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing how the aspects of military installation resilience have been incorporated into modeling, simulation, war-gaming, and other analyses by the Department of Defense. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (i) Modification to annual report related to installations energy management, energy resilience, and mission assurance and readiness (1) Modification Section 2925(a) of title 10, United States Code, is amended— (A) by redesignating paragraph (8) as paragraph (10); and (B) by inserting after paragraph (7) the following new paragraphs: (8) A description of the effects on military readiness, and an estimate of the financial costs to the Department of Defense, reasonably attributed to adverse impacts to military installation resilience during the year preceding the submission of the report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities of the Department. (9) An assessment of vulnerabilities to military installation resilience.. (2) Use of assessment tool The Secretary shall use the Climate Vulnerability and Risk Assessment Tool of the Department (or such successor tool) in preparing each report under section 2925(a) of title 10, United States Code (as amended by paragraph (1)). (j) Definitions In this section: (1) The term military installation resilience has the meaning given that term in section 101(e) of title 10, United States Code. (2) The term National Defense Strategy means the national defense strategy under section 113(g)(1) of such title. (3) The term National Military Strategy means the national military strategy under section 153(b) of such title. 312. Energy efficiency targets for Department of Defense data centers (a) Energy efficiency targets for data centers (1) In general Subchapter I of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section: 2921. Energy efficiency targets for data centers (a) Covered data centers (1) For each covered data center, the Secretary of Defense shall— (A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals; (D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and (E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C). (2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy. (3) In this subsection, the term covered data center means a data center of the Department of Defense that— (A) is one of the 50 data centers of the Department with the highest annual power usage rates; and (B) has been established before the date of the enactment of this section. (b) New data centers (1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include— (A) power usage effectiveness standards; (B) water usage effectiveness standards; and (C) any other energy or resiliency standards the Secretary determines are appropriate. (2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary— (A) determines that such waiver is in the national security interest of the United States; and (B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.. (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2920 the following new item: 2921. Energy efficiency targets for data centers.. (b) Inventory of data facilities (1) Inventory required By not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an inventory of all data centers owned or operated by the Department of Defense. Such survey shall include the following: (A) A list of data centers owned or operated by the Department of Defense. (B) For each such data center, the earlier of the following dates: (i) The date on which the data center was established. (ii) The date of the most recent capital investment in new power, cooling, or compute infrastructure at the data center. (C) The total average annual power use, in kilowatts, for each such data center. (D) The number of data centers that measure power usage effectiveness and, for each such data center, the power usage effectiveness for the center. (E) The number of data centers that measure water usage effectiveness and, for each such data center, the water usage effectiveness for the center. (F) A description of any other existing energy efficiency or efficient water usage metrics used by any data center and the applicable measurements for any such center. (G) An assessment of the facility resiliency of each data center, including redundant power and cooling facility infrastructure. (H) Any other matters determined relevant by the Secretary. (c) Report Not later than 180 days after the completion of the inventory required under subsection (b), the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives a report on the inventory and the energy assessment targets under section 2921(a) of title 10, United States Code, as added by subsection (a). Such report shall include the following: (1) A timeline of necessary actions required to meet the energy assessment targets for covered data centers. (2) The estimated costs associated with meeting such targets. (3) An assessment of the business case for meeting such targets, including any estimated savings in operational energy and water costs and estimated reduction in energy and water usage if the targets are met. (4) An analysis of any statutory, regulatory, or policy barriers to meeting such targets identified pursuant to section 2921(a)(E) of title 10, United States Code, as added by subsection (a). (d) Data center defined In this section, the term data center has the meaning given such term in the most recent Integrated Data Collection guidance of the Office of Management and Budget. 2921. Energy efficiency targets for data centers (a) Covered data centers (1) For each covered data center, the Secretary of Defense shall— (A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; (C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals; (D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and (E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C). (2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy. (3) In this subsection, the term covered data center means a data center of the Department of Defense that— (A) is one of the 50 data centers of the Department with the highest annual power usage rates; and (B) has been established before the date of the enactment of this section. (b) New data centers (1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include— (A) power usage effectiveness standards; (B) water usage effectiveness standards; and (C) any other energy or resiliency standards the Secretary determines are appropriate. (2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary— (A) determines that such waiver is in the national security interest of the United States; and (B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver. 313. Grants for maintaining or improving military installation resilience Section 2391 of title 10, United States Code, is amended— (1) in subsection (b)(5), by adding at the end the following new subparagraph: (D) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to assist a State or local government in planning, enhancing infrastructure, and implementing measures and projects (to include resilience measures and projects involving the protection, restoration, and maintenance of natural features) that, as determined by the Secretary of Defense, will contribute to maintaining or improving military installation resilience or will prevent or mitigate encroachment that could affect operations of the Department of Defense. ; and (2) in subsection (e)(1), by striking subsection (b)(1)(D) and inserting paragraphs (1)(D) and (E) and (5)(D) of subsection (b) and subsection (d). 314. Maintenance of current analytical tools in evaluating energy resilience measures (a) In general Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Assessment of life-cycle costs and performance of potential energy resilience projects (1) Subject to the availability of appropriations, the Secretary of Defense shall develop and institute a process to ensure that the Department of Defense, when evaluating energy resilience measures, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures. (2) Analytical tools used under paragraph (1) shall be— (A) designed to— (i) provide an accurate projection of the costs and performance of the energy resilience measure being analyzed; (ii) be used without specialized training; and (iii) produce resulting data that is understandable and usable by the typical source selection official; (B) consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry; (C) adaptable to accommodate a rapidly changing technological environment; (D) peer reviewed for quality and precision and measured against the highest level of development for such tools; and (E) periodically reviewed and updated, but not less frequently than once every three years.. (b) Reporting requirement If amounts are appropriated to carry out the requirements under subsection (i) of section 2911 of title 10, United States Code, as added by subsection (a), not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the execution by the Secretary of such requirements. 315. Authority to transfer amounts derived from energy cost savings Section 2912 of title 10, United States Code, is amended— (1) in subsection (a), by striking until expended and inserting for that fiscal year and the succeeding fiscal year ; and (2) by adding at the end the following new subsection: (e) Transfer of amounts (1) The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation to other funding accounts of the Department of Defense if the purpose for which such amounts will be used is a purpose specified in subsection (b) or (c). (2) Amounts transferred to a funding account of the Department under paragraph (1) shall be available for obligation for the same period as amounts in that account. (3) At the end of each fiscal year, the Secretary of Defense shall submit to Congress a report detailing any funds transferred pursuant to paragraph (1) during that fiscal year, including a detailed description of the purpose for which such amounts have been used.. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States Section 317(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2701 note) is amended by adding at the end the following new paragraphs: (3) Exemption authority for certain locations (A) In general The Secretary may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount interest of the United States to do so. (B) Nondelegation The Secretary may not delegate the authority under subparagraph (A). (4) Reporting requirement for location exemptions (A) In general Not later than 30 days after granting an exemption pursuant to paragraph (3)(A) with respect to the use of an open-air burn pit at a location, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report that identifies— (i) the location of the open-air burn pit; (ii) the number of personnel of the United States assigned to the location where the open-air burn pit is being used; (iii) the size and expected duration of use of the open-air burn pit; (iv) the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when airborne hazards are present, including how such equipment will be provided when required; and (v) the need for the open-air burn pit and rationale for granting the exemption. (B) Form A report submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience (a) In general Section 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note) is amended— (1) in subsection (a), in the first sentence, by inserting and restore after to preserve ; (2) in subsection (c)— (A) by inserting resilience, after benefit of conservation, ; and (B) by inserting , resilience, after land management ; (3) in subsection (d), in the second sentence, by inserting by an eligible landowner or agricultural producer after Participation ; (4) by redesignating subsection (e) as subsection (f); (5) by inserting after subsection (d) the following new subsection (e): (e) Participation by other agencies Other Federal agencies with programs addressing conservation or resilience may, and are encouraged to— (1) participate in the activities of the Sentinel Landscapes Partnership; and (2) become full partners in the Sentinel Landscapes Partnership. ; and (6) in subsection (f), as redesignated by paragraph (4), by adding at the end the following new paragraph: (4) Resilience The term resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfire, or other anticipated or unanticipated changes in environmental conditions.. (b) Inclusion of program information in certain annual reports Section 2684a(g)(2) of title 10, United States Code, is amended— (1) by redesignating subparagraph (E) as subparagraph (F); and (2) by inserting after subparagraph (D) the following new subparagraph: (E) Information concerning the activities undertaken pursuant to the Sentinel Landscapes Partnership established under section 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note).. (c) Conservation and cultural activities Section 2694 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting or involves a sentinel landscape before the semicolon; and (ii) in subparagraph (B), by inserting or that would contribute to maintaining or improving military installation resilience before the semicolon; and (B) in paragraph (2)— (i) in subparagraph (A), by inserting or nature-based climate resilience plans before the period; and (ii) in subparagraph (F)— (I) in clause (i)— (aa) by striking single ecosystem that encompasses and inserting “single ecosystem— (I) that encompasses ; (bb) by redesignating clause (ii) as subclause (II) and moving such subclause, as so redesignated, two ems to the right; and (cc) in subclause (II), as redesignated by item (bb), by striking the period at the end and inserting ; or ; and (II) by adding at the end the following new clause (ii): (ii) for one or more ecosystems within a sentinel landscape. ; and (2) by adding at the end the following new subsection: (e) Sentinel landscape defined In this section, the term sentinel landscape has the meaning given that term in section 317(f) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note).. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i (a) Sense of Congress In order to fully effectuate national security, assure the maximum safe utilization of the Red Hill Bulk Fuel Storage Facility in Honolulu, Hawai‘i, and fully address concerns as to potential impacts of the facility on public health, it is the sense of Congress that the Secretary of the Navy and the Defense Logistics Agency should— (1) operate and maintain the Red Hill Bulk Fuel Storage Facility to the highest standard possible; and (2) require safety inspections to be conducted more frequently based on the corrosion rate of the piping and overall condition of the pipeline system and support equipment at the facility. (b) Inspection requirement (1) Inspection required The Secretary of the Navy shall direct the Naval Facilities Engineering Command to conduct an inspection of the pipeline system, supporting infrastructure, and appurtenances, including valves and any other corrosion prone equipment, at the Red Hill Bulk Fuel Storage Facility. (2) Inspection agent; standards The inspection required by this subsection shall be performed— (A) by an independent American Petroleum Institute certified inspector who will present findings of the inspection and options to the Secretary of the Navy for improving the integrity of the Red Hill Bulk Fuel Storage Facility and its appurtenances; and (B) in accordance with the Unified Facilities Criteria (UFC-3-460-03) and American Petroleum Institute 570 inspection standards. (3) Exception The inspection required by this subsection excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility. (c) Life-cycle sustainment plan In conjunction with the inspection required by subsection (b), the Naval Facilities Engineering Command shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel Storage Facility, which shall consider the current condition and service life of the tanks, pipeline system, and support equipment. (d) Consideration of alternatives to Red Hill Bulk Fuel Storage Facility The Secretary of Defense shall conduct an assessment of possible alternatives to the Red Hill Bulk Fuel Storage Facility for bulk fuel storage, including consideration of at least three locations outside of the State of Hawai‘i. The assessment shall be based on the overall requirement to support the fuel requirements of the Pacific Fleet, the costs and timeline for recapitalization of the Red Hill Bulk Fuel Storage Facility to the standards delineated in subsection (b)(2)(B), and the costs and timeline to establish an alternative location for secure bulk fuel storage. (e) Reporting requirement Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing— (1) the results of the independent inspection of the Red Hill Bulk Fuel Storage Facility conducted under subsection (b); (2) the life-cycle sustainment plan prepared by the Naval Facilities Engineering Command under subsection (c); (3) the results of the assessment conducted by the Secretary under subsection (d) of possible alternatives to the Red Hill Bulk Fuel Storage Facility; and (4) options on improving the security and maintenance of the Red Hill Bulk Fuel Storage Facility. 319. Energy, water, and waste net-zero requirement for major military installations (a) Requirement The Secretary of Defense shall improve military installation efficiency, performance, and management by ensuring that at least 10 percent of major military installations achieve energy net-zero and water or waste net-zero by fiscal year 2035. (b) Study on requirement (1) Study Not later than 60 days after the date of the enactment of this Act, the Secretary shall seek to enter into a contract with a federally funded research and development center to carry out a study on the net-zero requirement specified in subsection (a) that assesses, at a minimum, the following: (A) Potential methods or strategies to achieve such requirement by the fiscal year 2035 deadline. (B) The resiliency of major military installations subject to such requirement with respect to grid or other utility disruptions. (C) The life-cycle costs related to such requirement. (D) Computation methods for determining such life-cycle costs. (E) Such other matters as the federally funded research and development center carrying out the study determines appropriate. (2) Deadline The study under paragraph (1) shall be completed by not later than February 1, 2023. (3) Briefing Upon completion of the study under paragraph (1), the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the findings of the study. (c) Status report and briefings on progress toward meeting current goal regarding use of renewable energy to meet facility energy needs (1) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the progress the Secretary has made toward meeting the goal described in section 2911(g)(1)(A) of title 10, United States Code, with respect to fiscal year 2025. (2) Briefings During fiscal year 2022 and each succeeding fiscal year through fiscal year 2025, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the progress the Secretary has made toward meeting the goal described in section 2911(g)(1)(A) of title 10, United States Code, with respect to fiscal year 2025. (d) Major military installation defined In this section, the term major military installation has the meaning given to the term large site in the most recent version of the Department of Defense Base Structure Report issued before the date of the enactment of this Act. 320. Demonstration program on domestic production of rare earth elements from coal byproducts (a) Demonstration program required Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a demonstration program on recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts. (b) Partnership In carrying out the demonstration program required by subsection (a), the Secretary shall seek to enter into a partnership with one or more institutions of higher education that can demonstrate techniques for recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts, as the Secretary considers applicable. (c) Elements The demonstration program required by subsection (a) shall address the following: (1) The efficacy of separating rare earth elements and critical minerals from acid mine drainage. (2) The feasibility of bringing such technology to commercialized scale. (3) Domestic locations that are appropriate for the deployment of such technology. (4) The ability of such technology to meet the requirements of the defense industrial base to supplement the rare earth element and critical mineral needs of the Department of Defense. (d) Duration The demonstration program required by subsection (a) shall be carried out during the one-year period beginning on the date of the commencement of the demonstration program. (e) Briefing Not later than 120 days after the date of the completion of the demonstration program required by subsection (a), the Secretary and the program manager of the institute of higher education with whom the Secretary partners pursuant to subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the elements of the demonstration program set forth under subsection (c). 321. Long-duration demonstration initiative and joint program (a) Establishment of initiative Not later than March 1, 2022, the Secretary of Defense shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies. (b) Selection of projects To the maximum extent practicable, in selecting demonstration projects to participate in the demonstration initiative under subsection (a), the Secretary of Defense shall— (1) ensure a range of technology types; (2) ensure regional diversity among projects; and (3) consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications. (c) Joint program (1) Establishment As part of the demonstration initiative under subsection (a), the Secretary of Defense, in consultation with the Secretary of Energy, shall establish within the Department of Defense a joint program to carry out projects— (A) to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and (B) to help new, innovative long-duration energy storage technologies become commercially viable. (2) Memorandum of understanding Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a memorandum of understanding with the Secretary of Energy to administer the joint program. (3) Infrastructure In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall— (A) use existing test-bed infrastructure at— (i) installations of the Department of Defense; and (ii) facilities of the Department of Energy; and (B) develop new infrastructure for identified projects, if appropriate. (4) Goals and metrics The Secretary of Defense and the Secretary of Energy shall develop goals and metrics for technological progress under the joint program consistent with energy resilience and energy security policies. (5) Selection of projects (A) In general To the maximum extent practicable, in selecting projects to participate in the joint program, the Secretary of Defense and the Secretary of Energy may— (i) ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and (ii) ensure an appropriate balance of— (I) larger, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and (II) smaller, lower-cost projects. (B) Priority In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall give priority to demonstration projects that— (i) make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and (ii) will be carried out as field demonstrations fully integrated into the installation grid at an operational scale. 322. Pilot program to test new software to track emissions at certain military installations (a) In general The Secretary of Defense may conduct a pilot program (to be known as the Installations Emissions Tracking Program ) to evaluate the feasibility and effectiveness of software and emerging technologies and methodologies to track real-time emissions from military installations and installation assets. (b) Goals The goals of the Installations Emissions Tracking Program shall be— (1) to evaluate the capabilities of software and emerging technologies and methodologies to effectively track emissions in real time; and (2) to reduce energy costs and increase efficiencies. (c) Locations If the Secretary conducts the Installations Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located in different geographical regions of the United States. 323. Department of Defense plan to reduce greenhouse gas emissions (a) Plan required Not later than September 30, 2022, the Secretary of Defense shall submit to Congress a plan to reduce the greenhouse gas emissions of the Department of Defense. (b) Briefings The Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate annual briefings on the progress of the Department of Defense toward meeting science-based emissions targets in the plan required by subsection (a). 331. Definitions In this subtitle: (1) The terms climate resilience and extreme weather have the meanings given such terms in section 101(a) of title 10, United States Code, as amended by section 332. (2) The term climate security has the meaning given such term in the second subsection (e) of section 120 of the National Security Act of 1947 ( 50 U.S.C. 3060(e) ). (3) The term military installation resilience has the meaning given such term in section 101(e) of title 10, United States Code. 332. Climate Resilience Infrastructure Initiative of the Department of Defense (a) Climate Resilience Infrastructure Initiative Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section: 2285. Department of Defense Climate Resilience Infrastructure Initiative (a) Designation The programs, practices, and activities carried out pursuant to this section shall be known collectively as the Climate Resilience Infrastructure Initiative of the Department of Defense. (b) Hardening and quick recovery In carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather. (d) Sustainment and modernization The Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience. (e) Collaboration in planning with local communities The Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather. (f) Testing and training range lands (1) Practices for sustainment of lands The Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes. (2) Training and education on sustainment of lands The Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1). (3) Investment in resilience of lands The Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term. (b) Use of certain technologies The Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2285. Department of Defense Climate Resilience Infrastructure Initiative.. (c) Definitions Section 101(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs: (19) The term climate resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from, extreme weather, or from anticipated or unanticipated changes in environmental conditions, that do (or have the potential to) adversely affect the national security of the United States or of allies and partners of the United States. (20) The term extreme weather means recurrent flooding, drought, desertification, wildfires, thawing permafrost, sea level fluctuation, changes in mean high tides, or any other weather-related event, or anticipated change in environmental conditions, that present (or are projected to present) a recurring annual threat to the climate security of the United States or of allies and partners of the United States.. 2285. Department of Defense Climate Resilience Infrastructure Initiative (a) Designation The programs, practices, and activities carried out pursuant to this section shall be known collectively as the Climate Resilience Infrastructure Initiative of the Department of Defense. (b) Hardening and quick recovery In carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather. (d) Sustainment and modernization The Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience. (e) Collaboration in planning with local communities The Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather. (f) Testing and training range lands (1) Practices for sustainment of lands The Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes. (2) Training and education on sustainment of lands The Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1). (3) Investment in resilience of lands The Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term. (b) Use of certain technologies The Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base Section 2504(3)(B) of title 10, United States Code, is amended by inserting (including vulnerabilities related to the current and projected impacts of extreme weather and to cyber attacks or disruptions) after industrial base. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense (a) Climate challenges and climate resilience in key processes of Department of Defense The Secretary of Defense shall direct that the acquisition, budget planning and execution, infrastructure planning and sustainment, force development, engagement strategy development, security assistance, and other core processes of the Department of Defense fully consider and make needed adjustments to account for current and emerging climate and environmental challenges and to ensure the climate resilience of assets and capabilities of the Department, to include cost effectiveness over the life cycle of the investment weighed against threat reduction. (b) Climate resilience mission impact assessment (1) In general The Secretary shall conduct a mission impact assessment on climate resilience for the Department. (2) Elements The assessment conducted under paragraph (1) shall include the following: (A) An assessment of the direct impacts of extreme weather on the deployment and operations of the Armed Forces, and the manner in which extreme weather may impact the requirements of the commanders of the combatant commands in the respective areas of responsibility of such commanders, including— (i) an assessment of the evolving posture of peer competitors and impacts to deployment and operations of peer competitors due to extreme weather; (ii) an assessment of the impacts of expanding requirements for Department humanitarian assistance and disaster response due to extreme weather; (iii) a threat assessment of the impacts of extreme weather, drought, and desertification on regional stability; (iv) an assessment of risks to home station strategic and operational support area readiness, including the strategic highway network, the strategic rail network, and strategic air and sea ports; and (v) the development of standards for data collection to assist decision-making processes for research, development, and acquisition priorities for installation and infrastructure resilience to extreme weather. (B) A long-term strategic plan, including war games and exercises, centered on climate-driven crises, and a long-term assessment of climate security by the Office of Net Assessment of the Department. (C) A review outlining near-term and long-term needs for research, development, and deployment for equipment and other measures required to assure the resilience of the assets and capabilities of the Department and each component thereof, and of key elements of the defense industrial base and supporting transportation networks, to the impacts of extreme weather. (c) Reports (1) In general Not later than one year after the date of the enactment of this Act, and every five years thereafter, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the broader strategic and operational impacts of extreme weather on the Department, measures to address such impacts, and progress in implementing new technologies and platforms, training and education methods, and data collection and dissemination for each military department to meet the respective mission requirements of the department. (2) Research, development, and deployment needs Each report required by paragraph (1) shall identify research, development, and deployment needs for each combatant command and functional command. 335. Assessment of climate risks to infrastructure of Department of Defense (a) In general The Secretary of Defense shall direct the Secretary of each military department to— (1) assess the vulnerability of installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, to the current and projected impacts of extreme weather, using vulnerability and risk assessment tools chosen or developed pursuant to section 326 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1310); (2) assess the infrastructure required for successful operation of such installations and facilities in response to any such vulnerabilities and ensure the military installation resilience of such installations and facilities; and (3) develop installation-specific plans pursuant to section 2864(c) of title 10, United States Code, and similar plans for State-owned National Guard installations, to address such vulnerabilities. (b) Facility assessment In carrying out subsection (a), the Secretary of each military department shall determine the needs of the military installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, based on the level of risks posed by the current and projected impacts of extreme weather, the likelihood of such risks, and the role of such installations and facilities in maintaining overall readiness and operational capability. (c) Considerations In carrying out the assessments and developing the plans required under this section, the Secretary of Defense shall ensure that the cost effectiveness over the life-cycle of the investment, and the feasibility of solutions and technologies, are considered. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances (a) In general Chapter 160 of title 10, United States Code, is amended by adding at the end the following new sections: 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force (a) In general The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ). (b) Membership The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) The Assistant Secretary of Defense for Health Affairs. (c) Chairman The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force. (d) Support The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties The duties of the PFAS Task Force are the following: (1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. (2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances. (3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (g) Definitions In this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard (a) In general Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Determination of contamination Testing conducted under subsection (a) at a military installation or facility of the National Guard shall determine— (1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and (2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. (c) Additional response actions Testing conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. (d) Type of testing When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (e) Definitions In this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of this title. (2) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given such terms in section 2714 of this title.. (b) Clerical amendment The table of sections for such chapter is amended by adding at the end the following new items: 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard.. (c) Reports on status of testing (1) Submission For each of fiscal years 2022 through 2024, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the status of the testing conducted under section 2715(a) of title 10, United States Code (as added by subsection (a)), during such year. (2) Matters Each report submitted under paragraph (1) shall identify, with respect to testing conducted under such section 2715(a)— (A) each military installation or facility where testing has been completed; (B) each military installation or facility where testing has not yet been completed; (C) the projected completion date for testing at military installations or facilities where testing has not yet been completed; (D) the results of testing at military installations or facilities where testing has been completed; and (E) the actions planned, and the projected timelines for such actions, for each military installation or facility to address contamination by a perfluoroalkyl substance or polyfluoroalkyl substance. (3) Timing Each report under paragraph (1) shall be submitted not later than January 1 of the fiscal year immediately following the fiscal year covered by the report. (4) Limitation on delegation The Secretary may delegate the responsibility for preparing the reports required by paragraph (1) only to the Deputy Secretary of Defense. (5) Definitions In this subsection, the terms military installation , perfluoroalkyl substance , and polyfluoroalkyl substance have the meanings given such terms in section 2715 of title 10, United States Code (as added by subsection (a)). 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force (a) In general The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ). (b) Membership The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) The Assistant Secretary of Defense for Health Affairs. (c) Chairman The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force. (d) Support The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties The duties of the PFAS Task Force are the following: (1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. (2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances. (3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (g) Definitions In this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard (a) In general Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Determination of contamination Testing conducted under subsection (a) at a military installation or facility of the National Guard shall determine— (1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and (2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. (c) Additional response actions Testing conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. (d) Type of testing When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (e) Definitions In this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of this title. (2) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given such terms in section 2714 of this title. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1307), and section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking fiscal years 2019, 2020, and 2021 and inserting fiscal years 2019 through 2023. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam (a) Temporary moratorium Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following: (1) The date on which the Secretary issues guidance implementing— (A) the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 ( 15 U.S.C. 8961 ); and (B) section 330 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note). (2) The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register a final rule regarding the destruction and disposal of such materials pursuant to such section. (b) Required adoption of final rule Upon publication of the final rule specified in subsection (a)(2), the Secretary shall adopt such final rule, regardless of whether the Secretary previously implemented the interim guidance specified in subsection (a)(1)(A). (c) Report Not later than one year after the enactment of this Act, and annually thereafter for three years, the Secretary shall submit to the Administrator and the Committees on Armed Services of the Senate and the House of Representatives a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including— (1) the total amount of covered materials incinerated; (2) the temperature range specified in the permit where the covered materials were incinerated; (3) the locations and facilities where the covered materials were incinerated; (4) details on actions taken by the Department of Defense to implement section 330 of the National Defense Authorization Act for Fiscal Year 2020; and (5) recommendations for the safe storage of PFAS and PFAS-containing materials prior to destruction and disposal. (d) Scope The prohibition in subsection (a) and reporting requirements in subsection (c) shall apply not only to materials sent directly by the Department of Defense to an incinerator, but also to materials sent to another entity or entities, including any waste processing facility, subcontractor, or fuel blending facility, prior to incineration. (e) Definitions In this section: (1) The term AFFF means aqueous film forming foam. (2) The term covered material means any AFFF formulation containing PFAS, material contaminated by AFFF release, or spent filter or other PFAS-contaminated material resulting from site remediation or water filtration that— (A) has been used by the Department of Defense or a military department; (B) is being discarded for disposal by the Department of Defense or a military department; or (C) is being removed from sites or facilities owned or operated by the Department of Defense. (3) The term PFAS means per- or polyfluoroalkyl substances. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam (a) Review required Not later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of the efforts of the Department of Defense to prevent or mitigate spills of aqueous film-forming foam (in this section referred to as AFFF ). Such review shall assess the following: (1) The preventative maintenance guidelines for fire trucks of the Department and fire suppression systems in buildings of the Department, to mitigate the risk of equipment failure that may result in a spill of AFFF. (2) Any requirements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity of the Department that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment. (3) The methods by which the Secretary ensures compliance with guidance specified in material safety data sheets with respect to the use of such personal protective equipment. (b) Guidance Not later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance on the prevention and mitigation of spills of AFFF based on the results of such review that includes, at a minimum, best practices and recommended requirements to ensure the following: (1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity of the Department of Defense that may result in such a spill. (2) The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities for the Department in the vicinity of such drains or basins. (3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1). (c) Briefing Not later than 30 days after the date on which the Secretary issues the guidance under subsection (b), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (b). 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances (a) Public disclosure of results (1) In general Except as provided in paragraph (2), not later than 20 days after the receipt of a final result of testing water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS ) in a covered area, the Secretary of Defense shall publicly disclose such final result, including— (A) the results of all such testing conducted in the covered area by the Department of Defense; and (B) the results of all such testing conducted in the covered area by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department of Defense. (2) Consent by private property owners The Secretary of Defense may not publicly disclose the results of testing for perfluoroalkyl or polyfluoroalkyl substances conducted on private property without the consent of the property owner. (b) Public disclosure of planned testing of water Not later than 180 days after the date of the enactment of the Act, and every 90 days thereafter, the Secretary of Defense shall publicly disclose the anticipated timeline for, and general location of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances proposed to be conducted in a covered area, including— (1) all such testing to be conducted by the Department of Defense; and (2) all such testing to be conducted by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department. (c) Nature of disclosure The Secretary of Defense may satisfy the disclosure requirements under subsections (a) and (b) by publishing the results and information referred to in such subsections— (1) on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C 2701 note); (2) on another publicly available website of the Department of Defense; or (3) in the Federal Register. (d) Local notification Prior to conducting any testing of water for perfluoroalkyl or polyfluoroalkyl substances, including any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice of the testing to— (1) the managers of the public water system serving the covered area where such testing is to occur; (2) the heads of the municipal government serving the covered area where such testing is to occur; and (3) as applicable, the members of the restoration advisory board for the military installation where such testing is to occur. (e) Methods for testing In testing water for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall adhere to methods for measuring the amount of such substances in drinking water that have been validated by the Administrator of the Environmental Protection Agency. (f) Definitions In this section: (1) The term covered area means an area in the United States that is located immediately adjacent to and down gradient from a military installation, a formerly used defense site, or a facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code. (2) The term formerly used defense site means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the Environmental Restoration Account, Formerly Used Defense Sites account established under section 2703(a)(5) of title 10, United States Code. (3) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (4) The term perfluoroalkyl or polyfluoroalkyl substance means any man-made chemical with at least one fully fluorinated carbon atom. (5) The term public water system has the meaning given such term under section 1401(4) of the Safe Drinking Water Act ( 42 U.S.C. 300f(4) ). (6) The term restoration advisory board means a restoration advisory board established pursuant to section 2705(d) of title 10, United States Code. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam (a) Review required Not later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of mutual support agreements entered into with non-Department of Defense entities (including State and local entities) that involve fire suppression activities in support of missions of the Department. (b) Matters The review under subsection (a) shall assess, with respect to the agreements specified in such subsection, the following: (1) The preventative maintenance guidelines specified in such agreements for fire trucks and fire suppression systems, to mitigate the risk of equipment failure that may result in a spill of aqueous film-forming foam (in this section referred to as AFFF ). (2) Any requirements specified in such agreements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity pursuant to the agreement that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment. (3) The methods by which the Secretary, or the non-Department entity with which the Secretary has entered into the agreement, ensures compliance with guidance specified in the agreement with respect to the use of such personal protective equipment. (c) Guidance Not later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance (based on the results of such review) on requirements to include under the agreements specified in such subsection, to ensure the prevention and mitigation of spills of AFFF. Such guidance shall include, at a minimum, best practices and recommended requirements to ensure the following: (1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity carried out pursuant to such an agreement that may result in such a spill. (2) The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities pursuant to such an agreement in the vicinity of such drains or basins. (3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1). (d) Briefing Not later than 30 days after the date on which the Secretary issues the guidance under subsection (c), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (c). 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances (a) Study The Comptroller General of the United States shall conduct a study on the procurement by the Department of Defense of certain items that contain covered PFAS substances. (b) Elements In conducting the study under subsection (a), the Comptroller General shall assess the following: (1) The extent to which information is available to the Department of Defense regarding the presence of covered PFAS substances in the items procured by the Department. (2) The challenges, if any, that exist in identifying the presence of covered PFAS substances in the items the Department procures, including whether there are certain categories of items that are more readily identified than others as containing such substances. (3) The extent to which the Department has examined the feasibility of prohibiting the procurement of items containing covered PFAS substances. (4) Such other topics as may be determined necessary by the Comptroller General. (c) Items In conducting the study under subsection (a), the Comptroller General shall, to the extent practicable, examine information relating to the consideration by the Department of Defense of such substances in the following items: (1) Furniture or floor waxes. (2) Car wax and car window treatments. (3) Cleaning products. (4) Shoes and clothing for which treatment with a covered PFAS substance is not necessary for an essential function. (d) Briefing and report Not later than 180 days after the date of enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the study conducted under subsection (a), including any preliminary observations. After such interim briefing, the Comptroller General shall submit to the committees a report on the study at a date mutually agreed upon by the Comptroller General and the committees. (e) Covered PFAS substance defined In this section, the term covered PFAS substance means any of the following: (1) Perfluorononanoic acid (PFNA). (2) Perfluorooctanoic acid (PFOA). (3) Perfluorohexanoic acid (PFHxA). (4) Perfluorooctane sulfonic acid (PFOS). (5) Perfluorohexane sulfonate (PFHxS). (6) Perfluorobutane sulfonic acid (PFBS). (7) GenX. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing a proposed schedule for the completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances, and the associated cost estimates to perform such remediation, at military installations, facilities of the National Guard, and formerly used defense sites in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Definitions In this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (2) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report identifying the status of efforts to remediate perfluoroalkyl substances and polyfluoroalkyl substances at the following locations: (1) England Air Force Base, Louisiana. (2) Naval Air Weapons Station China Lake, California. (3) Patrick Air Force Base, Florida. (4) Myrtle Beach Air Force Base, South Carolina. (5) Langley Air Force Base, Virginia. (6) Naval Air Station Jacksonville, Florida. (7) Niagara Falls Air Reserve Station, New York. (8) Grand Prairie Armed Forces Reserve Complex, Texas. (9) Altus Air Force Base, Oklahoma. (10) Charleston Air Force Base, South Carolina. (11) Barksdale Air Force Base, Louisiana. (12) Plattsburgh Air Force Base, New York. (13) Tyndall Air Force Base, Florida. (14) Sheppard Air Force Base, Texas. (15) Columbus Air Force Base, Mississippi. (16) Chanute Air Force Base, Illinois. (17) Marine Corps Air Station Tustin, California. (18) Travis Air Force Base, California. (19) Ellsworth Air Force Base, South Dakota. (20) Minot Air Force Base, North Dakota. (21) Westover Air Reserve Base, Massachusetts. (22) Eaker Air Force Base, Arkansas. (23) Naval Air Station Alameda, California. (24) Eielson Air Force Base, Alaska. (25) Horsham Air Guard Station, Pennsylvania. (26) Vance Air Force Base, Oklahoma. (27) Dover Air Force Base, Delaware. (28) Edwards Air Force Base, California. (29) Robins Air Force Base, Georgia. (30) Joint Base McGuire–Dix–Lakehurst, New Jersey. (31) Galena Air Force Base, Alaska. (32) Naval Research Laboratory Chesapeake Bay Detachment, Maryland. (33) Buckley Air Force Base, Colorado. (34) Arnold Air Force Base, Tennessee. (35) Tinker Air Force Base, Oklahoma. (36) Fairchild Air Force Base, Washington. (37) Vandenberg Air Force Base, California. (38) Hancock Field Air National Guard Base, New York. (39) F.E. Warren Air Force Base, Wyoming. (40) Nevada Air National Guard Base, Nevada. (41) K.I. Sawyer Air Force Base, Michigan. (42) Pease Air Force Base, New Hampshire. (43) Whiteman Air Force Base, Missouri. (44) Wurtsmith Air Force Base, Michigan. (45) Shepherd Field Air National Guard Base, West Virginia. (46) Naval Air Station Whidbey Island–Ault Field, Washington. (47) Rosecrans Air National Guard Base, Missouri. (48) Joint Base Andrews, Maryland. (49) Iowa Air National Guard Base, Iowa. (50) Stewart Air National Guard Base, New York. (b) Definitions In this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand (a) Clarification of operational energy responsibilities Section 2926 of title 10, United States Code, is amended— (1) in subsection (a), by inserting in contested logistics environments after missions ; and (2) in subsection (b)— (A) in the heading, by striking Authorities and inserting Responsibilities ; (B) in the matter preceding paragraph (1), by striking may and inserting shall ; (C) by amending paragraph (1) to read as follows: (1) require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans; ; (D) in paragraph (2), by inserting supportability in contested logistics environments, after power, ; and (E) in paragraph (3), by inserting in contested logistics environments after vulnerabilities. (b) Establishment of working group Such section is further amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting and in coordination with the working group under subsection (d) after components ; (B) in paragraph (1), by striking Defense and oversee and inserting Defense, including the activities of the working group established under subsection (d), and oversee ; (C) in paragraph (2), by inserting , taking into account the findings of the working group under subsection (d) after Defense ; and (D) in paragraph (3), by inserting , taking into account the findings of the working group under subsection (d) after resilience ; (2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; (3) by inserting after subsection (c), as amended by paragraph (1), the following new subsection: (d) Working Group (1) The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts. (2) The head of the working group under paragraph (1) shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e). (3) The members of the working group under paragraph (1) shall be appointed as follows: (A) A senior official of each armed force, who shall be nominated by the Secretary concerned and confirmed by the Senate to represent such armed force. (B) A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respective combatant command to represent such combatant command. (C) A senior official under the jurisdiction of the Chairman of the Joint Chiefs of Staff, who shall be appointed by the Chairman to represent the Joint Chiefs of Staff and the Joint Staff. (4) Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives pursuant to the strategy under subsection (e) for the respective component of the Department that the member represents. (5) The duties of the working group under paragraph (1) shall be as follows: (A) Planning for the integration of efforts to mitigate contested logistics challenges through the reduction of operational energy demand carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense. (B) Developing recommendations regarding the strategy for operational energy under subsection (e). (C) Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces. (D) Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets. (E) Developing recommendations to mitigate the effects of hostile action by a near-peer adversary targeting operational energy storage and operations of the armed forces, including through the use of innovative delivery systems, distributed storage, flexible contracting, and improved automation. ; and (4) in subsection (g), as redesignated by paragraph (2)— (A) in paragraph (1)— (i) by striking The Secretary of a military department and inserting Each member of the working group under subsection (d) ; and (ii) by striking conducted by the military department and inserting conducted by the respective component of the Department that the member represents for purposes of the working group ; and (B) in paragraph (2), by striking military department and inserting armed force. (c) Modifications to operational energy strategy Subsection (e) of such section, as redesignated by subsection (b)(2), is amended to read as follows: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the working group under subsection (d), shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall be updated every five years and shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within each armed force, across the armed forces, and with the Office of the Secretary of Defense. (2) The strategy required under paragraph (1) shall include the following: (A) A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand within each armed force. (B) An assessment of how industry trends transitioning from the production of internal combustion engines to the development and production of alternative propulsion systems may affect the long-term availability of parts for military equipment, the fuel costs for such equipment, and the sustainability of such equipment. (C) An assessment of any technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term. (D) An assessment of how the Secretaries concerned and the commanders of the combatant commands can better plan for challenges presented by near-peer adversaries in a contested logistics environment, including through innovative delivery systems, distributed storage, flexible contracting, and improved automation. (E) An assessment of any infrastructure investments of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary. (3) By authority of the Secretary of Defense, and taking into consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to specific operational energy plans and programs to be carried out pursuant to the strategy. (4) Not later than 30 days after the date on which the budget for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, and every five years thereafter, the Assistant Secretary shall submit to the congressional defense committees the strategy required under paragraph (1).. (d) Definition Such section is further amended by adding at the end the following new subsection: (h) Contested logistics environment defined In this section, the term contested logistics environment means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.. (e) Conforming amendment Section 2926(c)(5) of title 10, United States Code, is amended by striking subsection (e)(4) and inserting subsection (f)(4). (f) Interim report Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section. Such report shall include an update regarding the establishment of the working group under section 2926(d) of title 10, United States Code, as amended by subsection (b). (g) Briefing on Assistant Secretary of Defense for Energy, Installations, and Environment Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the following: (1) The planned division of responsibilities between the Assistant Secretary of Defense for Sustainment and the Assistant Secretary of Defense for Energy, Installations, and Environment. (2) A personnel plan to ensure the adequate manning of support personnel for the Assistant Secretary of Defense for Energy, Installations, and Environment. (3) Any additional resources necessary to ensure the ability of the Assistant Secretary of Defense for Energy, Installations, and Environment to fulfill the duty required under section 138(b)(7) of title 10, United States Code, and any other duties required of such Assistant Secretary by law. 352. Global bulk fuel management and delivery (a) Responsibility of United States Transportation Command (1) In general Subchapter III of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section: 2927. Global bulk fuel management and delivery (a) Responsible element (1) Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis. (2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023. (b) Coordination with Defense Logistics Agency In carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency. (c) Rule of construction Except to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as— (1) limiting any other function of the Defense Logistics Agency Energy; or (2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command.. (2) Clerical amendment The table of contents for such subchapter is amended by adding at the end the following new item: 2927. Global bulk fuel management and delivery.. (b) Briefing Not later than July 1, 2022, the Commander of United States Transportation Command shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on progress made to carry out the transfer of responsibilities to the United States Transportation Command pursuant to section 2927 of title 10, United States Code (as added by subsection (a)), including— (1) a review of the plan of action for such transfer; (2) a review of milestones completed and yet to be completed with respect to such transfer; and (3) an identification of any legislative changes or additional resources the Commander determines are necessary to implement such section 2927. (c) Global bulk fuel management strategy (1) Strategy required Not later than October 1, 2022, the Commander of United States Transportation Command shall prepare and submit to the Committees on Armed Services of the House of Representatives and the Senate a strategy to develop the infrastructure and programs necessary to optimally support global bulk fuel management of the Department of Defense. (2) Additional elements The strategy under paragraph (1) shall include the following additional elements: (A) A description of the current organizational responsibility for bulk fuel management of the Department, organized by geographic combatant command, including with respect to ordering, storage, and strategic and tactical transportation. (B) A description of any legacy bulk fuel management assets of each of the geographic combatant commands. (C) A description of the operational plan to exercise such assets to ensure full functionality and to repair, upgrade, or replace such assets as necessary. (D) An identification of the resources required for any such repairs, upgrades, or replacements. (E) A description of the current programs relating to platforms, weapon systems, or research and development, that are aimed at managing fuel constraints by decreasing demand for fuel. (F) An assessment of current and projected threats to forward-based bulk fuel delivery, storage, and distribution systems, and an assessment, based on such current and projected threats, of attrition to bulk fuel infrastructure, including storage and distribution systems, in a conflict involving near-peer foreign countries. (G) An assessment of current days of supply guidance, petroleum war reserve requirements, and prepositioned war reserve stocks, based on operational tempo associated with distributed operations in a contested environment. (H) An identification of the resources required to address any changes to such guidance, requirements, or stocks recommended as the result of such assessment. (I) An identification of any global shortfall with respect to bulk fuel management, organized by geographic combatant command, and a prioritized list of investment recommendations to address each shortfall identified. (3) Coordination In preparing the strategy under paragraph (1), the Commander of United States Transportation Command shall coordinate with subject matter experts of the Joint Staff, the geographic combatant commands, the Defense Logistics Agency, and the military departments. (4) Form The strategy under paragraph (1) may be submitted in classified form, but if so submitted shall include an unclassified executive summary. (d) Conforming amendments Section 2854 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) is amended— (1) in subsection (b), by striking The organizational element designated pursuant to subsection (a) and inserting The Secretary of Defense ; (2) in subsection (c), by striking subsection (b) and inserting subsection (a) ; (3) by striking subsections (a) and (d); and (4) by redesignating subsections (b) and (c), as amended by paragraphs (1) and (2), as subsections (a) and (b), respectively. 2927. Global bulk fuel management and delivery (a) Responsible element (1) Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis. (2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023. (b) Coordination with Defense Logistics Agency In carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency. (c) Rule of construction Except to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as— (1) limiting any other function of the Defense Logistics Agency Energy; or (2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation (a) Test and evaluation Not later than 120 days after the date of the enactment of this Act, the Director of the Strategic Environmental Research and Development Program and the Environmental Security Technology Certification Program shall test and evaluate at least one existing covered biobased solution for use as an alternative to current solutions of the Department of Defense for the control and mitigation of corrosion. (b) Determination Following the test and evaluation of a covered biobased solution under subsection (a), the Director shall determine, based on such test and evaluation, whether the solution meets the following requirements: (1) The solution is capable of being produced domestically in sufficient quantities. (2) The solution is at least as effective at the control and mitigation of corrosion as current alternative solutions. (3) The solution reduces environmental exposures. (c) Recommendations The Director shall develop recommendations for the Department of Defense-wide deployment of covered biobased solutions that the Director has determined meet the requirements under subsection (b). (d) Covered biobased solution defined In this section, the term covered biobased solution means a solution for the control and mitigation of corrosion that is domestically produced, commercial, and biobased. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations (a) In general Beginning not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall undertake a pilot program under which the digitization of the facilities and operations of at least one covered depot shall be provided for by the Secretary concerned. (b) Elements of pilot program In carrying out the pilot program under this section, the Secretary concerned shall provide for each of the following at the covered depot or depots at which the program is carried out: (1) The creation of a digital twin model of the maintenance, repair, and remanufacturing infrastructure and activities. (2) The modeling and simulation of optimized facility configuration, logistics systems, and processes. (3) The analysis of material flow and resource use to achieve key performance metrics for all levels of maintenance and repair. (4) An assessment of automated, advanced, and additive manufacturing technologies that could improve maintenance, repair, and remanufacturing operations. (c) Report Not later than 60 days after the completion of the digital twin model and associated analysis, the Assistant Secretary of Defense for Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include— (1) a summary of the cost of the pilot program; (2) a description of the efficiencies identified under the pilot program; (3) a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies; (4) any plans to undertake such investments; and (5) the assessment of the Assistant Secretary of the value of the pilot program and the potential applicability of the findings of the pilot program to other covered depots. (d) Definitions In this section: (1) The term covered depot includes any depot covered under section 2476(e) of title 10, United States Code, except for the following: (A) Portsmouth Naval Shipyard, Maine. (B) Pearl Harbor Naval Shipyard, Hawaii. (C) Puget Sound Naval Shipyard, Washington. (D) Norfolk Naval Shipyard, Virginia. (2) The terms military departments and Secretary concerned have the meanings given such terms in section 101 of title 10, United States Code. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy (a) Updated plan (1) In general Not later than September 30, 2022, the Secretary of the Navy shall submit to the congressional defense committees an update to the plan of the Secretary for implementation of the Shipyard Infrastructure Optimization Program of the Department of the Navy, with the objective of providing increased transparency for the actual costs and schedules associated with infrastructure optimization activities for shipyards covered by such program. (2) Updated cost estimates The updated plan required under paragraph (1) shall include updated cost estimates comprising the most recent costs of capital improvement projects for each of the four public shipyards covered by the Shipyard Infrastructure Optimization Program. (b) Briefing requirement (1) In general Before the start of physical construction with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall brief each of the congressional defense committees on such project, regardless of the source of funding for such project. (2) Written information Before conducting a briefing under paragraph (1) with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall submit to the congressional defense committees in writing the following information: (A) An updated cost estimate for such project that— (i) meets the standards of the Association for the Advancement of Cost Engineering for a Level 1 or Level 2 cost estimate; or (ii) is an independent cost estimate. (B) A schedule for such project that is comprehensive, well-constructed, credible, and controlled pursuant to the Schedule Assessment Guide: Best Practices for Project Schedules (GAO–16–89G) set forth by the Comptroller General of the United States in December 2015, or successor guide. (C) An estimate of the likelihood that programmed and planned funds for such project will be sufficient for the completion of the project. (3) Covered project defined In this subsection, the term covered project means a shipyard project under the Shipyard Infrastructure Optimization Program— (A) with a contract awarded on or after October 1, 2024; and (B) valued at $250,000,000 or more. (c) Annual report (1) In general Not later than December 31, 2022, and not later than December 31 of each year thereafter, the Commander of the Naval Sea Systems Command, in coordination with the Program Manager Ships 555, shall submit to the congressional defense committees a report detailing the use by the Department of the Navy of funding for all efforts associated with the Shipyard Infrastructure Optimization Program, including the use of amounts made available by law to support the projects identified in the plan to implement such program, including any update to such plan under subsection (a). (2) Elements Each report required by paragraph (1) shall include updated cost and schedule estimates— (A) for the plan to implement the Shipyard Optimization Program, including any update to such plan under subsection (a); and (B) for each dry dock, major facility, and infrastructure project valued at $250,000,000 or more under such program. (d) Comptroller General report (1) Report (A) In general Not later than May 1, 2023, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of the Secretary of the Navy in implementing the Shipyard Infrastructure Optimization Program, including— (i) the progress of the Secretary in completing the first annual report required under such program; and (ii) the cost and schedule estimates for full implementation of such program. (B) Elements The report required by subparagraph (A) shall include the following: (i) An assessment of the extent to which the cost estimate for the updated optimization plan for the Shipyard Infrastructure Optimization Program is consistent with leading practices for cost estimation. (ii) An assessment of the extent to which the project schedule for such program is comprehensive, well-constructed, credible, and controlled. (iii) An assessment of whether programmed and planned funds for a project under such program will be sufficient for the completion of the project. (iv) Such other related matters as the Comptroller General considers appropriate. (2) Initial briefing Not later than April 1, 2023, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the preliminary findings of the report under paragraph (1). 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on individual aircraft fleet sustainment costs for the F–35 A/B/C, F/A–18 C/D/E/F/G, AV–8B, A–10C, F–16 C/D, F–22, and F–15 C/E/EX aircraft fleets. Such report shall include the following: (1) A detailed description and explanation of, and the actual cost data related to, current sustainment costs for the aircraft fleets specified in this subsection, including an identification and assessment of cost elements attributable to the Federal Government or to contractors (disaggregated by the entity responsible for each portion of the cost element, including for a prime contractor and any first-tier subcontractor) with respect to such sustainment costs. (2) An identification of sustainment cost metrics for each aircraft fleet specified in this subsection for each of fiscal years 2022 through 2026, expressed in cost-per-tail-per-year format. (b) Limitation on certain F–35 contracts (1) In general The Secretary of Defense may not enter into a performance-based logistics sustainment contract for the F–35 airframe or engine programs, or modify an existing contract for the F–35 airframe or engine programs to require the use of a performance-based logistics sustainment contract, unless the Secretary submits to the congressional defense committees a certification that the Secretary has determined such a performance-based logistics contract will— (A) reduce sustainment or operating costs for the F–35 airframe or engine programs; or (B) increase readiness rates, full and partial mission capability rates, or airframe and engine availability rates of the F–35 weapon system. (2) Certification Any certification submitted pursuant to paragraph (1) shall include a cost-benefit analysis comparing an existing contract for the F–35 airframe or engine programs with a performance-based logistics sustainment contract for the F–35 airframe or engine programs. (3) Applicability The limitation under paragraph (1) shall not apply with respect to the termination, modification, exercise of a contract option for, or other action relating to, a contract for the F–35 program entered into prior to the date of the enactment of this Act unless such termination, modification, exercise, or other action would require the use of a performance-based logistics sustainment contract as specified in paragraph (1). (c) Cost-per-tail-per-year calculation For purposes of this section, the average cost-per-tail of a variant of an aircraft of an Armed Force shall be determined by— (1) adding the total amount expended for a fiscal year (in base year fiscal 2012 dollars) for all such aircraft in the inventory of an Armed Force for— (A) unit level manpower; (B) unit operations; (C) maintenance; (D) sustaining support; (E) continuing system support; and (F) modifications; and (2) dividing the sum resulting under paragraph (1) by the average number of such aircraft in the inventory of an Armed Force during such fiscal year. 357. Comptroller General annual reviews of F–35 sustainment efforts (a) Annual reviews and briefings Not later than March 1 of each year of 2022, 2023, 2024, and 2025, the Comptroller General of the United States shall— (1) conduct an annual review of the sustainment efforts of the Department of Defense with respect to the F–35 aircraft program (including the air vehicle and propulsion elements of such program); and (2) provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on such review, including any findings of the Comptroller General as a result of such review. (b) Elements Each review under subsection (a)(1) shall include an assessment of the following: (1) The status of the sustainment strategy of the Department for the F–35 Lightning II aircraft program. (2) The Department oversight and prime contractor management of key sustainment functions with respect to the F–35 aircraft program. (3) The ability of the Department to reduce the costs, or otherwise maintain the affordability, of the sustainment of the F–35 fleet. (4) Any other matters regarding the sustainment or affordability of the F–35 aircraft program that the Comptroller General determines to be of critical importance to the long-term viability of such program. (c) Reports Following the provision of each briefing under subsection (a)(2), at such time as is mutually agreed upon by the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General, the Comptroller General shall submit to such committees a report on the matters covered by the briefing. 361. Inclusion of information regarding borrowed military manpower in readiness reports Section 482(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph: (10) Information regarding the extent to which any member of the armed forces is assigned or detailed outside the member’s unit or away from training in order to perform any function that had previously been performed by civilian employees of the Federal Government.. 362. Annual report on material readiness of Navy ships Section 8674(d) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by striking submit to the and inserting provide to the ; (B) by inserting a briefing and submit to such committees after congressional defense committees ; and (C) by striking setting forth and inserting regarding ; (2) in paragraph (2)— (A) by striking in an unclassified form that is releasable to the public without further redaction. and inserting in— ; and (B) by adding at the end the following new subparagraphs: (A) a classified form; and (B) an unclassified form that is releasable to the public without further redaction. ; and (3) by striking paragraph (3). 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons (a) In general For each of fiscal years 2022, 2023, and 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on security, control, thefts, losses, and recoveries of sensitive conventional arms, ammunition, and explosives (commonly referred to as AA&E ) of the Department of Defense during such year, including the following: (1) M–16 or M4s. (2) Light automatic weapons up to and including M249, M2, and 40mm MK19 machine guns. (3) Functional launch tube with umbilical squib installed and grip stock for the Stinger missile. (4) Launch tube, sight assembly, and grip stock for missiles. (5) Tracker for the Dragon missile. (6) Mortar tubes up to and including 81mm. (7) Grenade launchers. (8) Rocket and missile launchers with an unpacked weight of 100 pounds or less. (9) Flame throwers. (10) The launcher, missile guidance se, or the optical sight for the TOW and the Javelin Command Launch Unit. (11) Single shot and semi-automatic (non-automatic) shoulder-fired weapons such as shotguns and bolt action rifles and weapons barrels. (12) Handguns. (13) Recoil-less rifles up to and including 106mm. (14) Man-portable missiles and rockets in a ready-to-fire configuration or when jointly stored or transported with the launcher tube or grip-stock and the explosive round. (15) Stinger missiles. (16) Dragon, Javelin, light antitank weapon (66mm), shoulder-launched multi-purpose assault weapon rocket (83mm), M136 (AT4) anti-armor launcher and cartridge (84mm). (17) Missiles and rockets that are crew-served or require platform-mounted launchers and other equipment to function, including HYDRA–70 rockets and tube-launched optically wire guided (TOW) missiles. (18) Missiles and rockets that require platform-mounted launchers and complex hardware equipment to function including the HELLFIRE missile. (19) Explosive rounds of any missile or rocket listed in paragraphs (1) through (18). (20) Hand or rifle grenades (high-explosive and white phosphorous). (21) Antitank or antipersonnel mines. (22) Explosives used in demolition operations, C–4, military dynamite, and trinitrotoluene (TNT). (23) Warheads for sensitive missiles and rockets weighing less than 50 pounds each. (24) Ammunition that is.50 caliber or larger with explosive-filled projectile. (25) Incendiary grenades and fuses for high-explosive grenades. (26) Blasting caps. (27) Supplementary charges. (28) Bulk explosives. (29) Detonating cord. (30) Riot control agents. (b) Immediate reporting of confirmed thefts, losses, and recoveries Not later than 72 hours after a confirmed theft, loss, or recovery of a sensitive conventional arm, ammunition, or explosive covered by the report required by subsection (a), the Secretary shall report such theft, loss, or recovery to the National Crime Information Center and local law enforcement. 364. Strategy and annual report on critical language proficiency of special operations forces (a) Strategy (1) Strategy required Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a strategy to improve the language proficiency of the special operations forces of the Armed Forces, including by identifying individuals who have proficiency in a critical language and recruiting and retaining such individuals in the special operations forces. (2) Elements The strategy under paragraph (1) shall include the following: (A) A baseline of foreign language proficiency requirements to be implemented within the special operations forces, disaggregated by Armed Force and by critical language. (B) Annual recruitment targets for the number of candidates with demonstrated proficiency in a critical language to be selected for participation in the initial assessment and qualification programs of the special operations forces. (C) A description of current and planned efforts of the Secretaries concerned and the Assistant Secretary to meet such annual recruitment targets. (D) A description of any training programs used to enhance or maintain foreign language proficiency within the special operations forces, including any nongovernmental programs used. (E) An annual plan to enhance and maintain foreign language proficiency within the special operations forces of each Armed Force. (F) An annual plan to retain members of the special operation forces of each Armed Force who have proficiency in a foreign language. (G) A description of current and projected capabilities and activities that the Assistant Secretary determines are necessary to maintain proficiency in critical languages within the special operations forces. (H) A plan to implement a training program for members of the special operations forces who serve in positions that the Assistant Secretary determines require proficiency in a critical language to support the Department of Defense in strategic competition. (b) Reports required Not later than December 31, 2022, and annually thereafter until December 31, 2025, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report on the strategy required under subsection (a), including progress in achieving the objectives of the strategy with respect to the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language. (c) Definitions In this section: (1) The term critical language means a language identified by the Director of the National Security Education Program as critical to national security. (2) The terms military departments and Secretary concerned have the meanings given such terms in section 101 of title 10, United States Code. (3) The term proficiency means proficiency in a language, as assessed by the Defense Language Proficiency Test. (4) The term special operations forces means forces described under section 167(j) of title 10, United States Code. 371. Military Aviation and Installation Assurance Clearinghouse matters (a) Strategy to test and integrate wind turbine interference mitigation strategies The Secretary of Defense and the Secretary of the Air Force, in coordination with the Commander of United States Northern Command and the Commander of North American Aerospace Defense Command, shall develop a strategy to test and integrate wind turbine interference mitigation technologies into radars and the air surveillance command and control architecture of the Department of Defense. (b) Modification of Clearinghouse requirements Section 183a(c) of title 10, United States Code, is amended— (1) in paragraph (2), by adding at the end the following new subparagraph: (C) A notice of presumed risk issued under subparagraph (A) is a preliminary assessment only and does not represent a formal objection pursuant to subsection (e). Discussions of possible mitigation actions under such subparagraph could favorably resolve any concerns identified in the notice of presumed risk. ; and (2) by adding at the end the following new paragraph: (8) If, in reviewing an application for an energy project pursuant to paragraph (1), the Clearinghouse finds no adverse impact on military operations under section 44718(b)(1) of title 49, the Clearinghouse shall communicate to the Secretary of Transportation in writing, not later than five business days after making such finding, the following: No Part 77 concerns, national security review ongoing... 372. Establishment of Joint Safety Council (a) In general Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section: 184. Joint Safety Council (a) In general There is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the Council ). (b) Membership; appointment; compensation (1) The Council shall be composed of voting members as follows: (A) The Director of Safety for each military department. (B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense. (C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned. (D) Such additional members as may be determined by the Deputy Secretary of Defense. (2) (A) Each member of the Council shall serve at the will of the official who appointed that member. (B) Any vacancy on the Council shall be filled in the same manner as the original appointment. (3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. (c) Chairperson and vice chairperson (1) (A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council. (B) The Chairperson shall serve for a term of two years and shall be responsible for— (i) serving as the Director of Safety for the Department of Defense; (ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; (iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments; (iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments; (v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv); (vi) advising Congress on issues relating to military safety and reforms; and (vii) overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. (2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson. (d) Responsibilities The Council shall carry out the following responsibilities: (1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. (2) With respect to mishap data— (A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense; (B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and (C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department. (3) With respect to non-mishap data— (A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data; (B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and (C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards. (4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments. (5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system. (6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships. (7) Reviewing the proposal of each military department for the safety management systems described in paragraphs (9) and (10). (8) Reviewing the implementation of such systems by each military department. (9) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents. (e) Oversight The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. (f) Staff (1) The Council may appoint staff in accordance with section 3101 of title 5. (2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis. (g) Contract authority The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. (h) Procurement of temporary and intermittent services The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Data collection (1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes. (2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data. (3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person. (j) Meetings The Council shall meet quarterly and at the call of the Chairperson. (k) Report The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item: 184. Joint Safety Council.. (c) Deadlines (1) Establishment The Secretary of Defense shall ensure the establishment of the Joint Safety Council under section 184 of title 10, United States Code (as added by subsection (a)), by not later than the date that is 120 days after the date of the enactment of this Act. (2) Appointment of first members The initial members of the Joint Safety Council established under such section 184 shall be appointed by not later than the date that is 120 days after the date of the enactment of this Act. (3) Directors of Safety Not later than 30 days after the date of the enactment of this Act, the Secretary of each military department shall ensure there is appointed as the Director of Safety for the military department concerned an officer of that military department in pay grade O–8 or above. (d) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (1) A description of the measures the Secretary plans to take to correct the issues identified in the report of the National Commission on Military Aviation Safety submitted to the President and Congress and dated December 1, 2020. (2) A statement as to whether the Secretary concurs or disagrees with the findings of such report. (3) A detailed plan of action for the implementation of each recommendation included in such report. (4) Any additional recommendations the Secretary determines are necessary to apply the findings of the National Commission on Military Aviation Safety in such report to all aspects of military safety. (e) Authorization of appropriations Of the amounts authorized to be appropriated or otherwise made available by this Act for Military Personnel Appropriations for fiscal year 2022, $4,000,000 shall be made available for the Joint Safety Council established under section 184 of title 10, United States Code, as added by subsection (a). 184. Joint Safety Council (a) In general There is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the Council ). (b) Membership; appointment; compensation (1) The Council shall be composed of voting members as follows: (A) The Director of Safety for each military department. (B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense. (C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned. (D) Such additional members as may be determined by the Deputy Secretary of Defense. (2) (A) Each member of the Council shall serve at the will of the official who appointed that member. (B) Any vacancy on the Council shall be filled in the same manner as the original appointment. (3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. (c) Chairperson and vice chairperson (1) (A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council. (B) The Chairperson shall serve for a term of two years and shall be responsible for— (i) serving as the Director of Safety for the Department of Defense; (ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; (iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments; (iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments; (v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv); (vi) advising Congress on issues relating to military safety and reforms; and (vii) overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. (2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson. (d) Responsibilities The Council shall carry out the following responsibilities: (1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. (2) With respect to mishap data— (A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense; (B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and (C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department. (3) With respect to non-mishap data— (A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data; (B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and (C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards. (4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments. (5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system. (6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships. (7) Reviewing the proposal of each military department for the safety management systems described in paragraphs (9) and (10). (8) Reviewing the implementation of such systems by each military department. (9) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents. (e) Oversight The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. (f) Staff (1) The Council may appoint staff in accordance with section 3101 of title 5. (2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis. (g) Contract authority The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. (h) Procurement of temporary and intermittent services The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Data collection (1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes. (2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data. (3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person. (j) Meetings The Council shall meet quarterly and at the call of the Chairperson. (k) Report The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council. 373. Improvements and clarifications related to military working dogs (a) Prohibition on charge for transfer of military animals Section 2583(d) of title 10, United States Code, is amended by striking may and inserting shall. (b) Inclusion of military working dogs in certain research Section 708(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1071 note) is amended— (1) in paragraph (7), by striking of members of the Armed Forces and inserting with respect to both members of the Armed Forces and military working dogs ; and (2) by striking paragraph (9) and inserting the following new paragraph: (9) To inform and advise the conduct of research on the leading causes of morbidity and mortality of members of the Armed Forces and military working dogs in combat.. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative Section 343 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 7554 note) is amended by striking the date that is five years after the date of the enactment of this Act and inserting November 25, 2025,. 375. Authority to maintain access to category 3 subterranean training facility (a) In general The Secretary of Defense may ensure that the Department of Defense maintains access to a covered category 3 subterranean training facility on a continuing basis. (b) Authority to enter into lease The Secretary of Defense is authorized to enter into a short-term lease with a provider of a covered category 3 subterranean training facility for purposes of carrying out subsection (a). (c) Covered category 3 subterranean training facility defined In this section, the term covered category 3 subterranean training facility means a category 3 subterranean training facility that is— (1) operational as of the date of the enactment of this Act; and (2) deemed safe for use as of such date. 376. Accident Investigation Review Board (a) Proposal for establishment of Board The Deputy Secretary of Defense shall develop a proposal for the establishment of an Accident Investigation Review Board (in this section referred to as the Board ) to provide independent oversight and review of the legal investigations conducted by the Department of Defense outside of the safety process into the facts and circumstances surrounding operational and training accidents. The proposal shall include recommendations relating to— (1) the size and composition of the Board; (2) the process by which the Board would screen accident investigations to identify unsatisfactory, biased, incomplete, or insufficient investigations requiring subsequent review by the Board, including whether the Board should review investigations meeting a predetermined threshold (such as all fatal accidents or all Class A mishaps); (3) the process by which the military departments and other components of the Department of Defense could refer pending or completed accident investigations to the Board for review; (4) the process by which the Board would evaluate a particular accident investigation for accuracy, thoroughness, and objectivity; (5) the requirements for and process by which the convening component of an investigation reviewed by the Board should address the findings of the Board’s review of that particular investigation; (6) proposed procedures for safeguarding privileged and sensitive data and safety information collected during the investigation review process; and (7) how and when the Board would be required to report to the Deputy Secretary of Defense on the activities of the Board, the outcomes of individual investigation reviews performed by the Board, and the assessment of the Board regarding cross-cutting themes and trends identified by those reviews. (b) Report Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committee the proposal required by subsection (a) and a timeline for establishing the Board. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents (a) Plan required Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees and to the Comptroller General of the United States a plan to address the recommendations in the report of the Government Accountability Office entitled Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents (GAO–21–361). Each such plan shall include, with respect to each recommendation in such report that the Secretary concerned has implemented or intends to implement— (1) a summary of actions that have been or will be taken to implement the recommendation; and (2) a schedule, with specific milestones, for completing implementation of the recommendation. (b) Deadline for implementation (1) In general Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, each Secretary concerned shall carry out activities to implement the plan of the Secretary developed under subsection (a). (2) Exception for implementation of certain recommendations (A) Delayed implementation A Secretary concerned may initiate implementation of a recommendation in the report referred to in subsection (a) after the date specified in paragraph (1) if, on or before such date, the Secretary provides to the congressional defense committees a specific justification for the delay in implementation of such recommendation. (B) Nonimplementation A Secretary concerned may decide not to implement a recommendation in the report referred to in subsection (a) if, on or before the date specified in paragraph (1), the Secretary provides to the congressional defense committees— (i) a specific justification for the decision not to implement the recommendation; and (ii) a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation. (c) Secretary concerned In this section, the term Secretary concerned means— (1) the Secretary of the Army, with respect to the Army; and (2) the Secretary of the Navy, with respect to the Navy. 378. Requirements relating to emissions control tactics, techniques, and procedures (a) Review Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current electromagnetic spectrum emissions control tactics, techniques, and procedures across the joint force. (b) Requirements Not later than 60 days after completing the review under subsection (a), the Secretary of Defense shall direct each Secretary of a military department to update or establish, as applicable, standard tactics, techniques, and procedures, including down to the operational level, pertaining to emissions control discipline during all phases of operations. (c) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation status of the tactics, techniques, and procedures updated or established, as applicable, under subsection (b) by each of the military departments, including— (1) incorporation into doctrine of the military departments; (2) integration into training of the military departments; and (3) efforts to coordinate with the militaries of partner countries and allies to develop similar standards and associated protocols, including through the use of working groups. 379. Management of fatigue among crew of naval surface ships and related improvements (a) Requirement The Secretary of the Navy shall implement each recommendation for executive action set forth in the report of the Government Accountability Office titled Navy Readiness: Additional Efforts Are Needed to Manage Fatigue, Reduce Crewing Shortfalls, and Implement Training (GAO–21–366). (b) Report Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees and the Comptroller General a report on the status of actions taken by the Secretary to monitor crew fatigue and ensure equitable fatigue management throughout the naval surface ship fleet in accordance with subsection (a). Such report shall include the following: (1) An assessment of the extent of crew fatigue throughout the naval surface ship fleet. (2) A description of the metrics used to assess the extent of fatigue pursuant to paragraph (1). (3) An identification of results-oriented goals for effective fatigue management. (4) An identification of timeframes for achieving the goals identified pursuant to paragraph (3). (c) Comptroller General briefing Not later than 90 days after the date on which the Comptroller General receives the report under subsection (b), the Comptroller General shall provide to the congressional defense committees a briefing on the extent to which the actions and goals described in the report meet the requirements of subsection (a). 380. Authority for activities to improve next generation radar systems capabilities (a) Authority The Secretary of Defense may undertake activities to enhance future radar systems capabilities, including the following: (1) Designating specific industry, academic, government, or public-private partnership entities to provide expertise in the repair, sustainment, and support of radar systems to meet current and future defense requirements, as appropriate. (2) Facilitating collaboration among academia, the Federal Government, the defense industry, and the commercial sector, including with respect to radar system repair and sustainment activities. (3) Establishing advanced research and workforce training and educational programs to enhance future radar systems capabilities. (4) Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of radar systems in defense systems and operational activities, including continuing education and training goals. (5) Increasing communications and personnel exchanges with radar systems experts in industry to support adoption of state-of-the-art technologies and operational practices, especially to support meeting future defense needs related to radar systems in autonomous systems. (6) Establishing agreements with one or more institutions of higher education or other organizations in academia or industry to provide for activities authorized under this section. (7) Partnering with nonprofit institutions and private industry with expertise in radar systems to support activities authorized under this section. (8) Establishing research centers and facilities, including centers of excellence, as appropriate to support activities authorized under this section, especially to promote partnerships between government, industry, and academia. (b) Institution of higher education defined The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). 381. Pilot program on military working dog and explosives detection canine health and excellence (a) Pilot program Not later than September 31, 2022, the Secretary of Defense shall carry out a pilot program to ensure the health and excellence of explosives detection military working dogs. Under such pilot program, the Secretary shall consult with domestic breeders of working dog lines, covered institutions of higher education, and covered national domestic canine associations, to— (1) facilitate the presentation, both in a central location and at regional field evaluations in the United States, of domestically-bred explosives detection military working dogs for assessment for procurement by the Department of Defense, at a rate of at least 250 canines presented per fiscal year; (2) facilitate the delivery and communication to domestic breeders, covered institutions of higher education, and covered national domestic canine associations, of information regarding— (A) any specific needs or requirements for the future acquisition by the Department of explosives detection military working dogs; and (B) any factors identified as relevant to the success or failure of explosives detection military working dogs presented for assessment pursuant to this section; (3) collect information on the biological and health factors of explosives detection military working dogs procured by the Department, and make such information available for academic research and to domestic breeders; (4) collect and make available genetic and phenotypic information, including canine rearing and training data for study by domestic breeders and covered institutions of higher education, for the further development of working canines that are bred, raised, and trained domestically; and (5) evaluate current Department guidance for the procurement of military working dogs to ensure that pricing structures and procurement requirements for foreign and domestic canine procurements accurately account for input cost differences between foreign and domestic canines. (b) Termination The authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2024. (c) Definitions In this section: (1) The term covered institution of higher education means an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), with demonstrated expertise in veterinary medicine for working canines. (2) The term covered national domestic canine association means a national domestic canine association with demonstrated expertise in the breeding and pedigree of working canine lines. (3) The term explosives detection military working dog means a canine that, in connection with the work duties of the canine performed for the Department of Defense, is certified and trained to detect odors indicating the presence of explosives in a given object or area, in addition to the performance of such other duties for the Department as may be assigned. 382. Department of Defense response to military lazing incidents (a) Investigation into lazing of military aircraft (1) Investigation required The Secretary of Defense shall conduct a formal investigation into all incidents of lazing of military aircraft that occurred during fiscal year 2021. The Secretary shall carry out such investigation in coordination and collaboration with appropriate non-Department of Defense entities. (2) Report to Congress Not later than March 31, 2022, the Secretary shall submit to the congressional defense committees a report on the findings of the investigation conducted pursuant to paragraph (1). (b) Information sharing The Secretary shall seek to increase information sharing between the Department of Defense and the States with respect to incidents of lazing of military aircraft, including by entering into memoranda of understanding with State law enforcement agencies on information sharing in connection with such incidents to provide for procedures for closer cooperation with local law enforcement in responding to such incidents as soon as they are reported. (c) Data collection and tracking The Secretary shall collect such data as may be necessary to track the correlation between noise complaints and incidents of military aircraft lazing. (d) Operating procedures The Secretary shall give consideration to adapting local operating procedures in areas with high incidence of military aircraft lazing incidents to reduce potential injury to aircrew. (e) Eye protection The Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment that protects against the most commonly available green light lasers that are available to the public. If the Secretary determines that no such laser eye protection equipment is available, the Secretary shall conduct research and develop such equipment. 401. End strengths for active forces The Armed Forces are authorized strengths for active duty personnel as of September 30, 2022, as follows: (1) The Army, 485,000. (2) The Navy, 346,920. (3) The Marine Corps, 178,500. (4) The Air Force, 329,220. (5) The Space Force, 8,400. 402. Revisions in permanent active duty end strength minimum levels Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (5) and inserting the following new paragraphs: (1) For the Army, 485,000. (2) For the Navy, 346,920. (3) For the Marine Corps, 178,500. (4) For the Air Force, 329,220. (5) For the Space Force, 8,400.. 403. Additional authority to vary Space Force end strength (a) In general Notwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for each fiscal year as follows: (1) Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength. (2) Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength. (b) Termination The authority provided under subsection (a) shall terminate on December 31, 2022. 411. End strengths for Selected Reserve (a) In general The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows: (1) The Army National Guard of the United States, 336,000. (2) The Army Reserve, 189,500. (3) The Navy Reserve, 58,600. (4) The Marine Corps Reserve, 36,800. (5) The Air National Guard of the United States, 108,300. (6) The Air Force Reserve, 70,300. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for Reserves on active duty in support of the reserves Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2022, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 30,845. (2) The Army Reserve, 16,511. (3) The Navy Reserve, 10,293. (4) The Marine Corps Reserve, 2,386. (5) The Air National Guard of the United States, 25,333. (6) The Air Force Reserve, 6,003. 413. End strengths for military technicians (dual status) (a) In general The minimum authorized number of military technicians (dual status) as of the last day of fiscal year 2022 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 6,492. (3) For the Air National Guard of the United States, 10,994. (4) For the Air Force Reserve, 7,111. (b) Limitation on number of temporary military technicians (dual status) The number of temporary military technicians (dual-status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection. (c) Limitation Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active Guard and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual's position. 414. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2022, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. 415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths Section 115(b)(2)(B) of title 10, United States Code, is amended by striking 1095 days in the previous 1460 days and inserting 1825 days in the previous 2190 days. 421. Military personnel (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. (b) Construction of authorization The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2022. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements (a) Authority on and before December 31, 2022 Section 526 of title 10, United States Code, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Transfer of authorizations among the military services (1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title, and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense, if each appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. (3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526a(i)(1) of this title, may not exceed 15 at any one time. (4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of— (A) such increase; and (B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.. (b) Authority after December 31, 2022 Section 526a of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Transfer of authorizations among the military services (1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. (3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time. (4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of— (A) such increase; and (B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.. 502. Time in grade requirements Section 619(a) of title 10, United States Code, is amended— (1) in paragraph (2), by striking paragraph (4) and inserting paragraph (5) ; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the following new paragraph: (4) When the needs of the service require, the Secretary of the military department concerned may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies.. 503. Authority to vary number of Space Force officers considered for promotion to major general (a) In general Notwithstanding section 616(d) of title 10, United States Code, the number of officers recommended for promotion by a selection board convened by the Secretary of the Air Force under section 611(a) of title 10, United States Code, to consider officers on the Space Force active duty list for promotion to major general may not exceed the number equal to 95 percent of the total number of brigadier generals eligible for consideration by the board. (b) Termination The authority provided under subsection (a) shall terminate on December 31, 2022. 504. Seaman to Admiral-21 program: credit towards retirement (a) Credit For each participant in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 for whom the Secretary of the Navy cannot find evidence of an acknowledgment that, before entering a baccalaureate degree program, service during the baccalaureate degree program would not be included when computing years of service for retirement, the Secretary shall include service during the baccalaureate degree program when computing— (1) years of service; and (2) retired or retainer pay. (b) Report required The Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the number of participants credited with service under subsection (a). (c) Deadline The Secretary shall carry out this section not later than 180 days after the date of the enactment of this Act. 505. Independent assessment of retention of female surface warfare officers (a) In general The Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center independent of the Department of Defense to conduct research and analysis on the gender gap in retention of surface warfare officers in the Navy. (b) Elements The research and analysis conducted under subsection (a) shall include consideration of the following: (1) Demographics of surface warfare officers, disaggregated by gender, including— (A) race; (B) ethnicity; (C) socioeconomic status; (D) marital status (including whether the spouse is a member of the Armed Forces and, if so, the length of service of such spouse); (E) whether the officer has children (including number and age or ages of children); (F) whether an immediate family member serves or has served as a member of the Armed Forces; and (G) the percentage of such officers who— (i) indicate an intent to complete only an initial service agreement; and (ii) complete only an initial service agreement. (2) Whether there is a correlation between the number of female surface warfare officers serving on a vessel and responses of such officers to command climate surveys. (3) An anonymous but traceable study of command climate results to— (A) correlate responses from particular female surface warfare officers with resignation; and (B) compare attitudes of first-tour and second-tour female surface warfare officers. (4) Recommendations based on the findings under paragraphs (1), (2), and (3). (c) Reports (1) In general Not later than 270 days after the date on which a nonprofit entity or federally funded research and development center enters into an agreement under subsection (a) with the Secretary of Defense, such entity or center shall submit to the Secretary of Defense a report on the results of the research and analysis under subsection (a). (2) Submission to Congress Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees each of the following: (A) A copy of the report submitted under paragraph (1) without change. (B) Any comments, changes, recommendations, or other information provided by the Secretary of Defense relating to the research and analysis under subsection (a) and contained in such report. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N) (a) In general The Secretary of the Air Force shall submit to the congressional defense committees a report on personnel performing the duties of a Nuclear and Missile Operations Officer (13N)— (1) not later than 90 days after the date of the enactment of this Act; and (2) concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to section 1105(a) of title 31, United States Code. (b) Elements Each report required by subsection (a) shall include the following: (1) The number of Nuclear and Missile Operations Officers commissioned, by commissioning source, during the most recent fiscal year that ended before submission of the report. (2) A description of the rank structure and number of such officers by intercontinental ballistic missile operational group during that fiscal year. (3) The retention rate of such officers by intercontinental ballistic missile operational group during that fiscal year and an assessment of reasons for any loss in retention of such officers. (4) A description of the rank structure and number of officers by intercontinental ballistic missile operational group performing alert duties by month during that fiscal year. (5) A description of the structure of incentive pay for officers performing 13N duties during that fiscal year. (6) A personnel manning plan for managing officers performing alert duties during the period of five fiscal years after submission of the report. (7) A description of methods, with metrics, to manage the transition of Nuclear and Missile Operations Officers, by intercontinental ballistic missile operational group, to other career fields in the Air Force. (8) Such other matters as the Secretary considers appropriate to inform the congressional defense committees with respect to the 13N career field during the period of five to ten fiscal years after submission of the report. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences Section 2036(g)(2) of title 10, United States Code, is amended— (1) by redesignating subparagraphs (J) through (M) as subparagraphs (K) through (N), respectively; and (2) by inserting after subparagraph (I) the following new subparagraph: (J) quantum information sciences;. 512. Prohibition on private funding for interstate deployment of National Guard (a) Prohibition Chapter 3 of title 32, United States Code, is amended by adding at the end the following new section: 329. Prohibition on private funding for interstate deployment A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ).. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 329. Prohibition on private funding for interstate deployment.. 329. Prohibition on private funding for interstate deployment A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). 513. Access to Tour of Duty system (a) Access (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device. (2) Exception The Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States. (b) Tour of Duty system defined In this Act, the term Tour of Duty system means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as Tour of Duty , or any successor to such system. 514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard Not later than September 30, 2022, the Secretary of Defense shall implement recommendations of the Secretary described in section 519C(a)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). 515. Continued National Guard support for FireGuard program Until September 30, 2026, the Secretary of Defense shall continue to support the FireGuard program with personnel of the California National Guard to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires. 516. Enhancement of National Guard Youth Challenge Program (a) Authority During fiscal year 2022, the Secretary of Defense may provide assistance to a National Guard Youth Challenge Program of a State— (1) in addition to assistance under subsection (d) of section 509 of title 32, United States Code; (2) that is not subject to the matching requirement under such subsection; and (3) for— (A) new program start-up costs; or (B) a workforce development program. (b) Limitations (1) Matching The Secretary may not provide additional assistance under this section to a State that does not comply with the fund matching requirement under such subsection regarding assistance under such subsection. (2) Total assistance Total assistance under this section to all States may not exceed $5,000,000 of the funds appropriated for the National Guard Youth Challenge Program for fiscal year 2022. (c) Reporting Any assistance provided under this section shall be included in the annual report under subsection (k) of section 509 of such title. 517. Report on methods to enhance support from the reserve components in response to catastrophic incidents (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the appropriate congressional committees a report that includes— (1) a detailed examination of the policy framework for the reserve components, consistent with existing authorities, to provide support to other Federal agencies in response to catastrophic incidents; (2) identify major statutory or policy impediments to such support; and (3) recommendations for legislation as appropriate. (b) Contents The report submitted under this section shall include a description of— (1) the assessment of the Secretary, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding— (A) the sufficiency of current authorities for the reimbursement of reserve component personnel during catastrophic incidents under title 10 and title 32, United States Code; and (B) specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or use of such authorities degrades the effectiveness of the Disaster Relief Fund; (2) the plan of the Secretary to ensure there is parallel and consistent policy in the application of the authorities granted under section 12304a of title 10, United States Code, and section 502(f) of title 32, United States Code, including— (A) a description of the disparities between benefits and protections under Federal law versus State active duty; (B) recommended solutions to achieve parity at the Federal level; and (C) recommended changes at the State level, if appropriate; (3) the plan of the Secretary to ensure there is parity of benefits and protections for members of the Armed Forces employed as part of the response to catastrophic incidents under title 32 or title 10, United States Code, and recommendations for addressing shortfalls; and (4) a review, by the Federal Emergency Management Agency, of the current policy for, and an assessment of the sufficiency of, reimbursement authority for the use of the reserve components, both to the Department of Defense and to the States, during catastrophic incidents, including any policy and legal limitations, and cost assessment impact on Federal funding. (c) Definitions In this section: (1) The term appropriate congressional committees means the following: (A) The congressional defense committees; (B) The Committee on Homeland Security of the House of Representatives. (C) The Committee on Homeland Security and Governmental Affairs of the Senate. (D) The Committee on Transportation and Infrastructure of the House of Representatives. (E) The Committee on Commerce, Science, and Transportation of the Senate. (2) The term catastrophic incident has the meaning given that term in section 501 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 6 U.S.C. 311 ). 518. Study on reapportionment of National Guard force structure based on domestic responses (a) Study The Secretary of Defense shall conduct a study to determine whether to reapportion the current force structure of the National Guard based on wartime and domestic response requirements. The study shall include the following elements: (1) An assessment of how domestic response missions affect recruitment and retention of qualified personnel, especially in States— (A) with the lowest ratios of National Guard members to the general population; and (B) that are most prone to natural disasters. (2) An assessment of how domestic response missions affect the ability of the National Guard of a State to ability to staff, equip, and ready a unit for its Federal missions. (3) A comparison of the costs of a response to a domestic incident in a State with— (A) units of the National Guard of such State; and (B) units of the National Guards of other States pursuant to an emergency management assistance compact. (4) Based on the recommendations in the 2021 report of the National Guard Bureau titled Impact of U.S. Population Trends on National Guard Force Structure , an assessment of— (A) challenges to recruiting members of the National Guard; (B) allocating mission sets to other geographic regions; (C) the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements; (D) the availability of training ranges for Federal missions; (E) the availability of transportation and other support infrastructure; and (F) the cost of operation in each State. (5) In light of the limited authority of the President under section 104(c) of title 32, United States Code, an assessment of whether the number of members of the National Guard is sufficient to reapportion force structure to meet the requirements of domestic responses and shifting populations. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under subsection (a). (c) State defined In this section, the term State includes the various States and Territories, the Commonwealth of Puerto Rico, and the District of Columbia. 519. Briefing on Junior Reserve Officers’ Training Corps program Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the Junior Reserve Officers’ Training Corps programs of each Armed Force. The briefing shall include— (1) an assessment of the current usage of the program, including the number of individuals enrolled in the program, the demographic information of individuals enrolled in the program, and the number of units established under the program; (2) a description of the efforts of the Armed Forces to meet current enrollment targets for the program; (3) an explanation of the reasons such enrollment targets have not been met, if applicable; (4) a description of any obstacles preventing the Armed Forces from meeting such enrollment targets; (5) a comparison of the potential benefits and drawbacks of expanding the program; and (6) a description of program-wide diversity and inclusion recruitment and retention efforts. 521. Reduction in service commitment required for participation in career intermission program of a military department Section 710(c)(3) of title 10, United States Code, is amended by striking two months and inserting one month. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall take the following steps regarding military accessions in each Armed Force under the jurisdiction of the Secretary of a military department: (1) Assess the prescribed medical standards for appointment as an officer, or enlistment as a member, in such Armed Force. (2) Determine how to update the medical screening processes for appointment or enlistment. (3) Determine how to standardize operations across the military entrance processing stations. (4) Determine how to improve aptitude testing methods and standardized testing requirements. (5) Determine how to improve the waiver process for individuals who do not meet medical standards for accession. (6) Determine, by reviewing data from calendar years 2017 through 2021, whether military accessions (including such accessions pursuant to waivers) vary, by geographic region. (7) Determine, by reviewing data from calendar years 2017 through 2021, whether access to military health records has suppressed the number of such military accessions, authorized Secretaries of the military departments, by— (A) children of members of such Armed Forces; (B) retired members of such Armed Forces; or (C) recently separated members of such Armed Forces. (8) Implement improvements determined under paragraphs (1) through (7). (b) Briefing Not later than one year after the date of the enactment of this Act, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on the results of carrying out this section and recommendations regarding legislation the Secretary determines necessary to improve such military accessions. 523. Notice program relating to options for naturalization (a) Upon enlistment The Secretary of each military department shall prescribe regulations that ensure that a military recruit, who is not a citizen of the United States, receives proper notice of options for naturalization under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) Such notice shall inform the recruit of existing programs or services that may aid in the naturalization process of such recruit. (b) Upon separation The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall provide to a member of the Armed Forces who is not a citizen of the United States, upon separation of such member, notice of options for naturalization under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) Such notice shall inform the member of existing programs or services that may aid in the naturalization process of such member. 524. Appeals to Physical Evaluation Board determinations of fitness for duty Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall incorporate a formal appeals process (including timelines established by the Secretary of Defense) into the policies and procedures applicable to the implementation of the Integrated Disability Evaluation System of the Department of Defense. The appeals process shall include the following: (1) The Secretary concerned shall ensure that a member of the Armed Forces may submit a formal appeal made with respect to determinations of fitness for duty to a Physical Evaluation Board of such Secretary. (2) The appeals process shall include, at the request of such member, an impartial hearing on a fitness for duty determination to be conducted by the Secretary concerned. (3) Such member shall have the option to be represented at a hearing by legal counsel. 525. Command oversight of military privatized housing as element of performance evaluations (a) Evaluations in general Each Secretary of a military department shall ensure that the performance evaluations of any individual described in subsection (b) under the jurisdiction of such Secretary provides for an assessment of the extent to which such individual has or has not exercised effective oversight and leadership in the following: (1) Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. (2) Addressing concerns with respect to such housing of members of the Armed Forces and their families who reside in such housing on an installation of the military department concerned. (b) Covered individuals The individuals described in this subsection are as follows: (1) The commander of an installation of a military department at which on-installation housing is managed by a landlord of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. (2) Each officer or senior enlisted member of the Armed Forces at an installation described in paragraph (1) whose duties include facilities or housing management at such installation. (3) Any other officer or enlisted member of the Armed Forces (whether or not at an installation described in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section. 526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States (a) Study; report Not later than September 30, 2022, the Secretary of Defense shall— (1) conduct a feasibility study regarding the establishment of a standard record of housing history for members of the Armed Forces who reside in covered housing; and (2) submit to the appropriate congressional committees a report on the results of such study. (b) Contents A record described in subsection (a) includes, with regards to each period during which the member concerned resided in covered housing, the following: (1) The assessment of the commander of the military installation in which such housing is located, of the condition of such covered housing— (A) prior to the beginning of such period; and (B) in which the member concerned left such covered housing upon vacating such covered housing. (2) Contact information a housing provider may use to inquire about such a record. (c) Online access A record described in subsection (a) would be accessible through a website, maintained by the Secretary of the military department concerned, through which a member of the Armed Forces under the jurisdiction of such Secretary may access such record of such member. (d) Issuance The Secretary concerned would issue a copy of a described in subsection (a) to the member concerned upon the separation, retirement, discharge, or dismissal of such member from the Armed Forces, with the DD Form 214 for such member. (e) Definitions In this section: (1) The term appropriate congressional committees means the following: (A) The Committee on Armed Services of the House of Representatives. (B) The Committee on Armed Services of the Senate. (C) The Committee on Transportation and Infrastructure of the House of Representatives. (D) The Committee on Commerce, Science, and Transportation of the Senate. (2) The term covered housing means housing provided by the United States to a member of the Armed Forces. 527. Enhancements to national mobilization exercises (a) Inclusion of processes of Selective Service System Section 10208 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) (1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every five years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for induction of personnel into the armed forces under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), and submit to Congress a report on the results of this exercise and evaluation. The report may be submitted in classified form. (2) The exercise under this subsection— (A) shall include a review of national mobilization strategic and operational concepts; and (B) shall include a simulation of a mobilization of all armed forces and reserve units, with plans and processes for incorporating Selective Service System inductees.. (b) Briefing; report (1) Briefing Not later than 180 days after the date on which the Secretary of Defense conducts the first mobilization exercise under section 10208 of title 10, United States Code, after the date of the enactment of this Act, the Secretary shall provide to the Committees of Armed Services of the Senate and House of Representatives a briefing on— (A) the status of the review and assessments conducted pursuant to subsection (c) of such section, as added by subsection (a); and (B) any interim recommendations of the Secretary. (2) Report Not later than two years after the date on which the Secretary conducts the first mobilization exercise as described in paragraph (1), the Secretary shall submit to the Committees of Armed Services of the Senate and House of Representatives a report that contains the following: (A) A review of national mobilization strategic and operational concepts. (B) A simulation of a mobilization of all Armed Forces and reserve units, with plans and processes for incorporating Selective Service System inductees. (C) An assessment of the Selective Service system in the current organizational form. (D) An assessment of the Selective Service System as a peace-time registration system. (E) Recommendations with respect to the challenges, opportunities, cost, and timelines regarding the assessments described in subparagraphs (C) and (D). 528. Temporary exemption from end strength grade restrictions for the Space Force (a) Exemption Sections 517 and 523 of title 10, United States Code, shall not apply to the Space Force until January 1, 2023. (b) Submittal Not later than April 1, 2022, the Secretary of the Air Force shall establish and submit to the Committees on Armed Services for the Senate and House of Representatives for inclusion in the National Defense Authorization Act for fiscal year 2023, the number of officers who— (1) may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel; and (2) may not, as of the end of such fiscal year, exceed a number determined in accordance with section 523(a)(1) of such title. 529. Report on exemptions and deferments for a possible military draft Not later than 120 days after the date of the enactment of this Act, the Director of the Selective Service System, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall submit to Congress a report providing a review of exemptions and deferments from registration, training, and service under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ). 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service (a) Report required Not later than 180 days after the date of the enactment of this Act, the Director of the Selective Service System shall submit to the appropriate committees of Congress a report setting forth the results of a review of the processes and procedures employed by agencies across the Federal Government for the appeal by individuals of a denial of status or benefits under Federal law for failure to register for selective service under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ). (b) Consultation The Director of the Selective Service System shall carry out this section in consultation with the Secretary of Homeland Security, the Secretary of Education, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies. (c) Elements The report required by subsection (a) shall include the following: (1) A description and assessment of the various appeals processes and procedures described in subsection (a), including— (A) a description of such processes and procedures; and (B) an assessment of— (i) the adequacy of notice provided for appeals under such processes and procedures; (ii) the fairness of each such process and procedure; (iii) the ease of use of each such process and procedure; (iv) consistency in the application of such processes and procedures across the Federal Government; and (v) the applicability of an appeal granted by one Federal agency under such processes and procedures to the actions and decisions of another Federal agency on a similar appeal. (2) Information on the number of waivers requested, and the number of waivers granted, during the 15-year period ending on the date of the enactment of this Act in connection with denial of status or benefits for failure to register for selective service. (3) An analysis and assessment of the recommendations of the National Commission on Military, National, and Public Service for reforming the rules and policies concerning failure to register for selective service. (4) Such recommendations for legislative or administrative action as the Director of the Selective Service System, and the consulting officers pursuant to subsection (b), consider appropriate in light of the review conducted pursuant to subsection (a). (5) Such other matters in connection with the review conducted pursuant to subsection (a) as the Director considers appropriate. (d) Appropriate committees of Congress defined In this section, the term appropriate committee of Congress means— (1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives. 529B. Study and report on administrative separation boards (a) In general The Comptroller General of the United States shall conduct a study on the use of administrative separation boards within the Armed Forces. (b) Elements The study under subsection (a) shall evaluate— (1) the process each Armed Force uses to convene administrative separation boards, including the process used to select the board president, the recorder, the legal advisor, and board members; and (2) the effectiveness of the operations of such boards. (c) Report Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a). 531. Special trial counsel (a) In general Subchapter V of chapter 47 of title 10, United States Code, is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section: 824a. Art 24a. Special trial counsel (a) Detail of special trial counsel Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel. (b) Qualifications A special trial counsel shall be a commissioned officer who— (1) (A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and (B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by— (i) the Judge Advocate General of the armed force of which the officer is a member; or (ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and (2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7. (c) Duties and authorities (1) In general Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation. (2) Determination of covered offense; related charges (A) Authority A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. (B) Known and related offenses If a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. (3) Dismissal; referral; plea bargains Subject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter— (A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; (B) refer the charges and specifications for trial by a special or general court-martial; (C) enter into a plea agreement; and (D) determine if an ordered rehearing is impracticable. (4) Binding determination The determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. (5) Deferral to commander or convening authority If a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial.. (b) Table of sections amendment The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 824 (article 24) the following new item: 824a. Art 24a. Special trial counsel.. (c) Report required (1) In general Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plan of the Secretary for detailing officers to serve as special trial counsel pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by subsection (a) of this section). (2) Elements Each report under paragraph (1) shall include the following— (A) The plan of the Secretary concerned— (i) for staffing billets for— (I) special trial counsel who meet the requirements set forth in section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by subsection (a) of this section); and (II) defense counsel for cases involving covered offenses; and (ii) for supporting and ensuring the continuing professional development of military justice practitioners. (B) An estimate of the resources needed to implement such section 824a (article 24a). (C) An explanation of other staffing required to implement such section 824a (article 24a), including staffing levels required for military judges, military magistrates, military defense attorneys, and paralegals and other support staff. (D) A description of how the use of special trial counsel will affect the military justice system as a whole. (E) A description of how the Secretary concerned plans to place appropriate emphasis and value on litigation experience for judge advocates in order to ensure judge advocates are experienced, prepared, and qualified to handle covered offenses, both as special trial counsel and as defense counsel. Such a description shall address promotion considerations and explain how the Secretary concerned plans to instruct promotion boards to value litigation experience. (F) Any additional resources, authorities, or information that each Secretary concerned deems relevant or important to the implementation of the requirements of this title. (3) Definitions In this subsection— (A) The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code. (B) The term covered offense has the meaning given that term in section 801(17) of title 10, United States Code (as added by section 533 of this part). 824a. Art 24a. Special trial counsel (a) Detail of special trial counsel Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel. (b) Qualifications A special trial counsel shall be a commissioned officer who— (1) (A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and (B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by— (i) the Judge Advocate General of the armed force of which the officer is a member; or (ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and (2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7. (c) Duties and authorities (1) In general Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation. (2) Determination of covered offense; related charges (A) Authority A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. (B) Known and related offenses If a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. (3) Dismissal; referral; plea bargains Subject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter— (A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; (B) refer the charges and specifications for trial by a special or general court-martial; (C) enter into a plea agreement; and (D) determine if an ordered rehearing is impracticable. (4) Binding determination The determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. (5) Deferral to commander or convening authority If a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial. 532. Policies with respect to special trial counsel (a) In general Chapter 53 of title 10, United States Code, is amended by inserting after section 1044e the following new section: 1044f. Policies with respect to special trial counsel (a) Policies required The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall— (1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; (2) provide for the appointment of one lead special trial counsel, who shall— (A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; (B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and (C) report directly to the Secretary concerned, without intervening authority; (3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office— (A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and (B) conduct assigned activities free from unlawful or unauthorized influence or coercion; (4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and (5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. (b) Uniformity The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure. (c) Military service defined In this section, the term military service means the Army, Navy, Air Force, Marine Corps, and Space Force.. (b) Clerical amendment The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1044e the following new item: 1044f. Policies with respect to special trial counsel.. (c) Quarterly briefing Beginning not later than 180 days after the date of the enactment of this Act, and at the beginning of each fiscal quarter thereafter until the policies established pursuant to section 1044f(a) of title 10, United States Code (as added by subsection (a)) and the mechanisms and procedures to which they apply are fully implemented and operational, the Secretary of Defense and the Secretaries of the military departments shall jointly provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing detailing the actions taken and progress made by the Office of the Secretary of Defense and each of the military departments in meeting the milestones established as required by such section. 1044f. Policies with respect to special trial counsel (a) Policies required The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall— (1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; (2) provide for the appointment of one lead special trial counsel, who shall— (A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; (B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and (C) report directly to the Secretary concerned, without intervening authority; (3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office— (A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and (B) conduct assigned activities free from unlawful or unauthorized influence or coercion; (4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and (5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. (b) Uniformity The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure. (c) Military service defined In this section, the term military service means the Army, Navy, Air Force, Marine Corps, and Space Force. 533. Definition of military magistrate, covered offense, and special trial counsel Section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended— (1) by inserting after paragraph (10) the following new paragraph: (11) The term military magistrate means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a). ; and (2) by adding at the end the following new paragraphs: (17) The term covered offense means— (A) an offense under section 917a (article 117a), section 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 925 (article 125), section 928b (article 128b), section 930 (article 130), section 932 (article 132), or the standalone offense of child pornography punishable under section 934 (article 134) of this title; (B) a conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81); (C) a solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82); or (D) an attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80). (18) The term special trial counsel means a judge advocate detailed as a special trial counsel in accordance with section 824a of this title (article 24a) and includes a judge advocate appointed as a lead special trial counsel pursuant to section 1044f(a)(2) of this title.. 534. Clarification relating to who may convene courts-martial (a) General courts-martial Section 822(b) of title 10, United States Code (article 22(b) of the Uniform Code of Military Justice), is amended— (1) by striking If any and inserting (1) If any ; and (2) by adding at the end the following new paragraph: (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.. (b) Special courts-martial Section 823(b) of title 10, United States Code (article 23(b) of the Uniform Code of Military Justice), is amended— (1) by striking If any and inserting (1) If any ; and (2) by adding at the end the following new paragraph: (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.. 535. Detail of trial counsel Section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: (e) For each general and special court-martial for which charges and specifications were referred by a special trial counsel— (1) a special trial counsel shall be detailed as trial counsel; and (2) a special trial counsel may detail other trial counsel as necessary who are judge advocates.. 536. Preliminary hearing (a) Detail of hearing officer; waiver Subsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended— (1) in subparagraph (A), by striking hearing officer and all that follows through the period at the end and inserting hearing officer detailed in accordance with subparagraph (C). ; (2) in subparagraph (B), by striking written waiver and all that follows through the period at the end and inserting the following: written waiver to— (i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and (ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with section 824a of this title (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required. ; and (3) by adding at the end the following new subparagraph: (C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer. (ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.. (b) Report of preliminary hearing officer Subsection (c) of such section is amended— (1) in the heading, by inserting or special trial counsel after convening authority ; and (2) in the matter preceding paragraph (1) by striking to the convening authority and inserting to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel,. 537. Advice to convening authority before referral for trial Section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended— (1) in subsection (a)(1), by striking Before referral and inserting Subject to subsection (c), before referral (2) in subsection (b), by striking Before referral and inserting Subject to subsection (c), before referral ; (3) by redesignating subsections (c) and (d) as subsections (d) and (e) respectively; (4) by inserting after subsection (b) the following new subsection: (c) Covered offenses A referral to a general or special court-martial for trial of charges and specifications over which a special trial counsel exercises authority may only be made— (1) by a special trial counsel, subject to a special trial counsel’s written determination accompanying the referral that— (A) each specification under a charge alleges an offense under this chapter; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense; or (2) in the case of charges and specifications that do not allege a covered offense and as to which a special trial counsel declines to prefer or, in the case of charges and specifications preferred by a person other than a special trial counsel, refer charges, by the convening authority in accordance with this section. ; and (5) in subsection (e), as so redesignated, by inserting or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 824a of this title (article 24a), a special trial counsel, after convening authority. 538. Former jeopardy Section 844(c) of title 10, United States Code (article 44(c) of the Uniform Code of Military Justice), is amended by inserting or the special trial counsel after the convening authority each place it appears. 539. Plea agreements (a) Authority to enter into agreements Subsection (a) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), is amended— (1) in paragraph (1), by striking At any time and inserting Subject to paragraph (3), at any time ; and (2) by adding at the end the following new paragraph: (3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).. (b) Binding effect Subsection (d) of such section (article) is amended by inserting after parties the following: (including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3)). 539A. Determinations of impracticability of rehearing (a) Transmittal and review of records Section 865(e)(3)(B) of title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of Military Justice), is amended— (1) by striking impractical.—If the Judge Advocate General and inserting the following: impracticable.— (i) In general Subject to clause (ii), if the Judge Advocate General ; (2) by striking impractical and inserting impracticable ; and (3) by adding at the end the following new clause: (ii) Cases referred by special trial counsel If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (b) Courts of criminal appeals Section 866(f)(1)(C) of title 10, United States Code (article 66(f)(1)(C) of the Uniform Code of Military Justice), is amended— (1) by striking impracticable.—If the Court of Criminal Appeals and inserting the following: “ Impracticable.— (i) In general Subject to clause (ii), if the Court of Criminal Appeals ; and (2) by adding at the end the following new clause: (ii) Cases referred by special trial counsel If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (c) Review by the court of appeals for the armed forces Section 867(e) of title 10, United States Code (article 67(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: Notwithstanding the preceding sentence, if a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. (d) Review by Judge Advocate General Section 869(c)(1)(D) of title 10, Untied States Code (article 69(c)(1)(D) of the Uniform Code of Military Justice), is amended— (1) by striking If the Judge Advocate General and inserting (i) Subject to clause (ii), if the Judge Advocate General ; (2) by striking impractical and inserting impracticable ; and (3) by adding at the end the following new clause: (ii) If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.. 539B. Applicability to the United States Coast Guard The Secretary of Defense shall consult and enter into an agreement with the Secretary of Homeland Security to apply the provisions of this part and the amendments made by this part, and the policies, mechanisms, and processes established pursuant to such provisions, to the United States Coast Guard when it is operating as a service in the Department of Homeland Security. 539C. Effective date (a) In general Except as provided in subsection (b), the amendments made by this part shall take effect on the date that is two years after the date of the enactment of this Act and shall apply with respect to offenses that occur after that date. (b) Regulations (1) Requirement The President shall prescribe regulations to carry out this part not later than two years after the date of the enactment of this Act. (2) Impact of delay of issuance If the President does not prescribe the regulations necessary to carry out this part before the date that is two years after the date of the enactment of this Act, the amendments made by this part shall take effect on the date on which such regulations are prescribed and shall apply with respect to offenses that occur on or after that date. 539D. Inclusion of sexual harassment as general punitive article (a) In general Not later than 30 days after the date of the enactment of this Act, the President shall— (1) prescribe regulations establishing sexual harassment, as described in this section, as an offense punishable under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice); and (2) revise the Manual for Courts-Martial to include such offense. (b) Elements of offense The regulations and the revisions to the Manual for Courts-Martial required under subsection (a) shall provide that the required elements constituting the offense of sexual harassment are— (1) that the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature; (2) that such conduct was unwelcome; (3) that, under the circumstances, such conduct— (A) would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of that person’s job, pay, career, benefits, or entitlements; (B) would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements; or (C) was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and (4) that, under the circumstances, the conduct of the accused was— (A) to the prejudice of good order and discipline in the armed forces; (B) of a nature to bring discredit upon the armed forces; or (C) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. 539E. Sentencing reform (a) Article 53; findings and sentencing Section 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), is amended— (1) in subsection (b), by amending paragraph (1) to read as follows: (1) General and special courts-martial Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial. ; and (2) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death— (A) the members shall determine— (i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or (ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and (B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A). ; and (B) in paragraph (2), by striking the court-martial and inserting the military judge. (b) Article 53a; plea agreements Section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as amended by section 539 of this Act, is further amended— (1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) Acceptance of plea agreement Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that— (1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and (2) in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.. (c) Article 56; sentencing Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (C)(vii), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) the applicable sentencing parameters or sentencing criteria set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022. ; and (B) by striking paragraphs (2) through (4) and inserting the following new paragraphs: (2) Application of sentencing parameters in general and special courts-martial (A) Requirement to sentence within parameters Except as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall sentence the accused for that offense within the applicable parameter. (B) Exception The military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence. (3) Use of sentencing criteria in general and special courts-martial In a general or special court-martial in which the accused is convicted of an offense for which the President has established sentencing criteria pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense. (4) Offense-based sentencing in general and special courts-martial In announcing the sentence under section 853 of this title (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently. (5) Inapplicability to death penalty Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death. (6) Sentence of confinement for life without eligibility for parole (A) In general If an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole. (B) Term of confinement An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused's life unless— (i) the sentence is set aside or otherwise modified as a result of— (I) action taken by the convening authority or the Secretary concerned; or (II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter; (ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or (iii) the accused receives a pardon or another form of Executive clemency. ; and (4) in subsection (d)(1)— (A) in subparagraph (A), by striking or at the end; (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: (B) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the sentence is a result of an incorrect application of the parameter; or ; and (D) in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking , as determined in accordance with standards and procedures prescribed by the President. (d) Article 66; courts of criminal appeals Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 539A of this Act, is further amended— (1) in subsection (d)(1)(A), by striking the third sentence; and (2) by amending subsection (e) to read as follows: (e) Consideration of sentence (1) In general In considering a sentence on appeal, other than as provided in section 856(d) of this title (article 56(d)), the Court of Criminal Appeals may consider— (A) whether the sentence violates the law; (B) whether the sentence is inappropriately severe— (i) if the sentence is for an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022; or (ii) in the case of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, if the sentence is above the upper range of such sentencing parameter; (C) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, whether the sentence is a result of an incorrect application of the parameter; (D) whether the sentence is plainly unreasonable; and (E) in review of a sentence to death or to life in prison without eligibility for parole determined by the members in a capital case under section 853(c) of this title (article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President. (2) Record on appeal In an appeal under this subsection or section 856(d) of this title (article 56(d)), other than review under subsection (b)(2) of this section, the record on appeal shall consist of— (A) any portion of the record in the case that is designated as pertinent by any party; (B) the information submitted during the sentencing proceeding; and (C) any information required by rule or order of the Court of Criminal Appeals.. (e) Establishment of sentencing parameters and sentencing criteria (1) In general Not later than two years after the date of the enactment of this Act, the President shall prescribe regulations establishing sentencing parameters and sentencing criteria related to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), in accordance with this subsection. Such parameters and criteria— (A) shall cover sentences of confinement; and (B) may cover lesser punishments, as the President determines appropriate. (2) Sentencing parameters Sentencing parameters established under paragraph (1) shall— (A) identify a delineated sentencing range for an offense that is appropriate for a typical violation of the offense, taking into consideration— (i) the severity of the offense; (ii) the guideline or offense category that would apply to the offense if the offense were tried in a United States district court; (iii) any military-specific sentencing factors; (iv) the need for the sentencing parameter to be sufficiently broad to allow for individualized consideration of the offense and the accused; and (v) any other relevant sentencing guideline. (B) include no fewer than 5 and no more than 12 offense categories; (C) assign such offense under this chapter to an offense category unless the offense is identified as unsuitable for sentencing parameters under paragraph (4)(F)(ii); and (D) delineate the confinement range for each offense category by setting an upper confinement limit and a lower confinement limit. (3) Sentencing criteria Sentencing criteria established under paragraph (1) shall identify offense-specific factors the military judge should consider and any collateral effects of available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable sentencing parameter for a specific offense. (4) Military sentencing parameters and criteria board (A) In general There is established within the Department of Defense a board, to be known as the Military Sentencing Parameters and Criteria Board (referred to in this subsection as the Board ). (B) Voting members The Board shall have 5 voting members, as follows: (i) The 4 chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), except that, if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard may designate as a voting member a judge advocate of the Coast Guard with substantial military justice experience. (ii) A trial judge of the Navy, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Navy. (iii) A trial judge of the Marine Corps, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Marine Corps. (C) Nonvoting members The Chief Judge of the Court of Appeals for the Armed Forces, the Chairman of the Joint Chiefs of Staff, and the General Counsel of the Department of Defense shall each designate one nonvoting member of the Board. The Secretary of Defense may appoint one additional nonvoting member of the Board at the Secretary's discretion. (D) Chair and vice-chair The Secretary of Defense shall designate one voting member as chair of the Board and one voting member as vice-chair. (E) Voting requirement An affirmative vote of at least three members is required for any action of the Board under this subsection. (F) Duties of board The Board shall have the following duties: (i) As directed by the Secretary of Defense, the Board shall submit to the President for approval— (I) sentencing parameters for all offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) (other than offenses that the Board identifies as unsuitable for sentencing parameters in accordance with clause (ii)); and (II) sentencing criteria to be used by military judges in determining appropriate sentences for offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii). (ii) Identify each offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that is unsuitable for sentencing parameters. The Board shall identify an offense as unsuitable for sentencing parameters if— (I) the nature of the offense is indeterminate and unsuitable for categorization; and (II) there is no similar criminal offense under the laws of the United States or the laws of the District of Columbia. (iii) In developing sentencing parameters and criteria, the Board shall consider the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of title 10, United States Code (article 146(f)(2) of the Uniform Code of Military Justice). (iv) In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, reductions, forfeitures, and other lesser punishments authorized under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (v) The Board shall regularly— (I) review, and propose revision to, in consideration of comments and data coming to the Board's attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); and (II) submit to the President, through the Secretary of Defense, proposed amendments to the sentencing parameters and sentencing criteria, together with statements explaining the basis for the proposed amendments. (vi) The Board shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to the sentencing factors and policies set forth in this section. (vii) In fulfilling its duties and in exercising its powers, the Board shall consult authorities on, and individual and institutional representatives of, various aspects of the military criminal justice system. The Board may establish separate advisory groups consisting of individuals with current or recent experience in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and such other groups as the Board deems appropriate. (viii) The Board shall submit to the President, through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to sentencing proceedings and maximum punishments, together with statements explaining the basis for the proposed amendments. (f) Effective date The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act. (g) Repeal of secretarial guidelines on sentences for offenses committed under the Uniform Code of Military Justice Section 537 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed. 539F. Briefing and report on resourcing required for implementation (a) Briefing and report required (1) Briefing Not later than March 1, 2022, each Secretary concerned shall provide to the appropriate congressional committees a briefing that details the resourcing necessary to implement this subtitle and the amendments made by this subtitle. (2) Report On a date occurring after the briefing under paragraph (1), but not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report that details the resourcing necessary to implement this subtitle and the amendments made by this subtitle. (3) Form of briefing and report Each Secretary concerned may provide the briefing and report required under paragraphs (1) and (2) jointly, or separately, as determined appropriate by such Secretaries (b) Elements The briefing and report required under subsection (a) shall address the following: (1) The number of additional personnel and personnel authorizations (military and civilian) required by the Armed Forces to implement and execute the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (2) The basis for the number provided pursuant to paragraph (1), including the following: (A) A description of the organizational structure in which such personnel or groups of personnel are or will be aligned. (B) The nature of the duties and functions to be performed by any such personnel or groups of personnel across the domains of policy-making, execution, assessment, and oversight. (C) The optimum caseload goal assigned to the following categories of personnel who are or will participate in the military justice process: criminal investigators of different levels and expertise, laboratory personnel, defense counsel, special trial counsel, military defense counsel, military judges, and military magistrates. (D) Any required increase in the number of personnel currently authorized in law to be assigned to the Armed Force concerned. (3) The nature and scope of any contract required by the Armed Force concerned to implement and execute the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (4) The amount and types of additional funding required by the Armed Force concerned to implement the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (5) Any additional authorities required to implement the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C. (6) Any additional information the Secretary concerned determines is necessary to ensure the manning, equipping, and resourcing of the Armed Forces to implement and execute the provisions of this subtitle and the amendments made by this subtitle. (c) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. (2) The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military (a) Briefing required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the implementation of the recommendations set forth in the report of the Independent Review Commission on Sexual Assault in the Military titled Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military , and dated July 2, 2021. (b) Elements The briefing under subsection (a) shall address the following: (1) The status of the implementation of each recommendation, including— (A) whether, how, and to what extent the recommendation has been implemented; and (B) any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the implementation of the recommendation. (2) For each recommendation that has not been fully implemented or superseded by statute as of the date of the briefing, a description of any plan for the implementation of the recommendation, including identification of— (A) intermediate actions, milestone dates, and any expected completion date for implementation of the recommendation; and (B) any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the recommendation. 541. Rights of the victim of an offense under the Uniform Code of Military Justice Section 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice), is amended— (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: (8) The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.. 542. Conduct unbecoming an officer (a) In general Section 933 of title 10, United States Code (article 133 of the Uniform Code of Military Justice) is amended— (1) in the section heading, by striking and a gentleman ; and (2) by striking and a gentleman. (b) Clerical amendment The table of sections at the beginning of subchapter X of chapter 47 of such title is amended by striking the item relating to section 933 (article 133) and inserting the following new item: 933. 133. Conduct unbecoming an officer.. 543. Independent investigation of complaints of sexual harassment (a) In general Section 1561 of title 10, United States Code, is amended to read as follows: 1561. Complaints of sexual harassment: independent investigation (a) Action on complaints alleging sexual harassment A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. (b) Commencement of investigation To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— (1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and (2) advise the complainant of the commencement of the investigation. (c) Duration of investigation To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate. (d) Report on investigation To the extent practicable, a commanding officer or officer in charge shall— (1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. (e) Sexual harassment defined In this section, the term sexual harassment means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).. (b) Clerical amendment The table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by striking the item relating to section 1561 and inserting the following new item: 1561. Complaints of sexual harassment: independent investigation.. (c) Effective date The amendments made by subsections (a) and (b) shall— (1) take effect on the date that is two years after the date of the enactment of this Act; and (2) apply to any investigation of a formal complaint of sexual harassment (as defined in section 1561 of title 10, United States Code, as amended by subsection (a)) made on or after that date. (d) Regulations Not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall prescribe regulations providing for the implementation of section 1561 of title 10, United States Code, as amended by subsection (a). (e) Report on implementation Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the preparation of the Secretary to implement section 1561 of title 10, United States Code, as amended by subsection (a). 1561. Complaints of sexual harassment: independent investigation (a) Action on complaints alleging sexual harassment A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. (b) Commencement of investigation To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— (1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and (2) advise the complainant of the commencement of the investigation. (c) Duration of investigation To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate. (d) Report on investigation To the extent practicable, a commanding officer or officer in charge shall— (1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. (e) Sexual harassment defined In this section, the term sexual harassment means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article). 544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons (a) In general Chapter 80 of title 10, United States Code, is amended by inserting after section 1562 the following new section: 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense (a) Designation of responsible component The Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b). (b) Tracking of allegations The head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including— (1) that such an allegation has been reported and by whom; (2) the date of the report; (3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; (4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; (5) the entry of findings; (6) referral of such findings to a decisionmaker for review and action, as appropriate; (7) the outcome of final action; and (8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary. (c) Covered allegation of retaliation defined In this section, the term covered allegation of retaliation means an allegation of retaliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General or any other inspector general; (B) a military criminal investigative organization; (C) a commander or other person at the direction of the commander; (D) another military or civilian law enforcement organization; or (E) any other organization, officer, or employee of the Department of Defense.. (b) Clerical amendment The table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by inserting after the item relating to section 1562 the following new item: 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense.. 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense (a) Designation of responsible component The Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b). (b) Tracking of allegations The head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including— (1) that such an allegation has been reported and by whom; (2) the date of the report; (3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; (4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; (5) the entry of findings; (6) referral of such findings to a decisionmaker for review and action, as appropriate; (7) the outcome of final action; and (8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary. (c) Covered allegation of retaliation defined In this section, the term covered allegation of retaliation means an allegation of retaliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General or any other inspector general; (B) a military criminal investigative organization; (C) a commander or other person at the direction of the commander; (D) another military or civilian law enforcement organization; or (E) any other organization, officer, or employee of the Department of Defense. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial Section 549 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 806b note) is amended— (1) in the section heading, by striking alleged sexual assault and inserting alleged sex-related offense ; (2) by striking Under regulations and inserting Notwithstanding section 552a of title 5, United States Code, and under regulations ; (3) by striking alleged sexual assault and inserting an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code) ; and (4) by adding at the end the following new sentence: Upon such final determination, the commander shall notify the victim of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant. 546. Civilian positions to support Special Victims’ Counsel (a) Civilian support positions Each Secretary of a military department may establish one or more civilian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary. (b) Duties The duties of each position under subsection (a) shall be— (1) to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative support; and (2) to ensure the continuity of legal services and the preservation of institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to offices of the Special Victims’ Counsel. (c) Special Victims’ Counsel defined In this section, the term Special Victims’ Counsel means Special Victims’ Counsel described in section 1044e of title 10, United States Code, and in the case of the Navy and Marine Corps, includes counsel designated as Victims’ Legal Counsel. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law (a) Plan for document management system (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan pursuant to which the Secretary of Defense shall establish a single document management system for use by each Armed Force to collect and present information on matters within the military justice system, including information collected and maintained for purposes of section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice). (2) Elements The plan under subsection (a) shall meet the following criteria: (A) Consistency of data fields The plan shall ensure that each Armed Force uses consistent data collection fields, definitions, and other criteria for the document management system described in subsection (a). (B) Best practices The plan shall include a strategy for incorporating into the document management system the features of the case management and electronic case filing system of the Federal courts to the greatest extent possible. (C) Prospective application The plan shall require the document management system to be used for the collection and presentation of information about matters occurring after the date of the implementation of the system. The plan shall not require the collection and presentation of historical data about matters occurring before the implementation date of the system. (D) Resources The plan shall include an estimate of the resources (including costs, staffing, and other resources) required to implement the document management system. (E) Authorities The plan shall include an analysis of any legislative actions, including any changes to law, that may be required to implement the document management system for each Armed Force. (b) Plan for tracking pretrial information Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing how the Armed Forces will collect, track, and maintain pretrial records, data, and other information regarding the reporting, investigation, and processing of all offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), arising in any Armed Force in a manner such that each Armed Force uses consistent data collection fields, definitions, and criteria. (c) Plan for assessing effects of changes in law Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing the manner in which the Department of Defense will analyze the effects of the changes in law and policy required under subtitle D and the amendments made by such subtitle with respect to the disposition of offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by section 531 of this Act). (d) Interim briefings (1) In general Not less frequently than once every 90 days during the covered period, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall provide to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of the development of the plans required under subsections (a) through (c). (2) Covered period In this subsection, the term covered period means the period beginning on the date of the enactment of this Act and ending on the date that is one year after the date of the enactment of this Act. (e) Judge advocates specified The Judge Advocates specified in this subsection are the following: (1) The Judge Advocate General of the Army. (2) The Judge Advocate General of the Navy. (3) The Judge Advocate General of the Air Force. (4) The Staff Judge Advocate to the Commandant of the Marine Corps. (5) The Judge Advocate General of the Coast Guard. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown (a) Comprehensive review of missing persons reporting The Secretary of Defense shall instruct each Secretary of a military department to perform a comprehensive review of the policies and procedures of the military department concerned to determine and report a member of an Armed Force under the jurisdiction of such Secretary of a military department as missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (b) Review of installation-level procedures In addition to such other requirements as may be set forth by the Secretary of Defense pursuant to subsection (a), each Secretary of a military department shall, with regard to the military department concerned— (1) direct each commander of a military installation, including any tenant command or activity present on such military installation, to review policies and procedures for carrying out the determination and reporting activities described in subsection (a); and (2) update such installation-level policies and procedures, including any tenant command or activity policies and procedures, to improve force protection, enhance security for members living on the military installation, and promote reporting at the earliest practicable time to local law enforcement (at all levels) and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a member is determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (c) Installation-specific reporting protocols (1) In general Each commander of a military installation shall establish a protocol applicable to all persons and organizations present on the military installation, including tenant commands and activities, for sharing information with local and Federal law enforcement agencies about members who are missing, absent-unknown, absent without leave, or duty status-whereabouts unknown. The protocol shall provide for the immediate entry regarding the member concerned in the Missing Persons File of the National Crimes Information Center data and for the commander to immediately notify all local law enforcement agencies with jurisdictions in the immediate area of the military installation, when the status of a member assigned to such installation has been determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (2) Reporting to military installation command Each commander of a military installation shall submit the protocol established pursuant to paragraph (1) to the Secretary of the military department concerned. (d) Report regarding National Guard Not later than June 1, 2022, the Secretary of Defense shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report on the feasibility of implementing subsections (a), (b), and (c), with regards to facilities of the National Guard. Such report shall include recommendations of the Secretary, including a proposed timeline for implementing the provisions of such subsections that the Secretary determines feasible. 549. Activities to improve family violence prevention and response (a) Delegation of authority to authorize exceptional eligibility for certain benefits Paragraph (4) of section 1059(m) of title 10, United States Code, is amended to read as follows: (4) (A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated. (B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.. (b) Extension of requirement for annual Family Advocacy Program report regarding child abuse and domestic violence Section 574(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2141) is amended by striking April 30, 2021 and inserting April 30, 2026. (c) Implementation of Comptroller General recommendations (1) In general Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K). (A) Domestic abuse data Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following: (i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including— (I) data on the numbers and types of domestic abuse incidents involving members of the Armed Forces; and (II) data for inclusion in the reports required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2141). (ii) Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse. (iii) Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse. (B) Domestic violence and command action data Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall— (i) evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to— (I) eliminate gaps and redundancies in the activities of such organizations; (II) ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and (III) otherwise improve the tracking of such incidents and actions across the Department; (ii) based on the evaluation under clause (i), clarify or adjust— (I) the duties of such organizations and elements; and (II) the manner in which such organizations and elements coordinate their activities; and (iii) issue guidance to the Secretaries of the military departments to clarify and standardize the information required to be collected and reported to the database on domestic violence incidents under section 1562 of title 10, United States Code. (C) Regulations for violation of civilian orders of protection The Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (D) Agreements with civilian victim service organizations (i) Guidance required The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii). (ii) Contents of agreement A memorandum of understanding entered into under clause (i) shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that— (I) the services offered at the installation are insufficient to meet the victim’s needs; or (II) such a referral would otherwise benefit the victim. (E) Screening and reporting of initial allegations The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process— (i) to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident; and (ii) to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees. (F) Implementation and oversight of Incident Determination Committees (i) Implementation The Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force. (ii) Oversight and monitoring The Secretary of Defense shall— (I) direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and (II) establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces. (G) Reasonable suspicion standard for incident reporting Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations— (i) under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and (ii) that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i). (H) Guidance for victim risk assessment The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that— (i) identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and (ii) establishes minimum qualifications for the personnel responsible for using such tools. (I) Improving Family Advocacy Program awareness campaigns The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement— (i) a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and (ii) metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns. (J) Assessment of the disposition model for domestic violence As part of the independent analysis required by section 549C of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) the Secretary of Defense shall include an assessment of— (i) the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to— (I) the eligibility of victims for transitional compensation and other benefits; and (II) the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and (ii) the feasibility and advisability of establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model. (K) Family Advocacy Program training (i) Training for commanders and senior enlisted advisors The Secretary of Defense, in consultation with the Secretaries of the military departments, shall— (I) ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and (II) shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training. (ii) Training for chaplains The Secretary of Defense shall— (I) require that chaplains of the Armed Forces receive Family Advocacy Program training; (II) establish content requirements and learning objectives for such training; and (III) provide such additional guidance and sample training materials as may be necessary to effectively implement such training. (iii) Training completion data The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training. (2) General implementation date Except as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act. (3) Quarterly status briefing Not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph (1) have been implemented, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the implementation of such activities. (d) Information on services for military families Each Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following: (1) The Family Advocacy Program of the Armed Force or military department concerned. (2) Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect. (3) Other applicable victim services. (e) Reports on staffing levels for family advocacy programs (1) In general Not later than 180 days after the date on which the staffing tool described in paragraph (2) becomes operational, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following: (A) Military, civilian, and contract support staffing levels for the Family Advocacy Programs of the Armed Forces at each military installation so staffed as of the date of the report. (B) Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool. (2) Staffing tool described The staffing tool described in this paragraph is a tool that will be used to assist the Department in determining adequate staffing levels for Family Advocacy Programs. (3) Comptroller General review (A) In general Following the submission of the first annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review of the staffing of the Family Advocacy Programs of the Armed Forces. (B) Elements The review conducted under subparagraph (A) shall include an assessment of each of the following: (i) The extent to which the Armed Forces have filled authorized billets for Family Advocacy program manager, clinician, and victim advocate positions. (ii) The extent to which the Armed Forces have experienced challenges filling authorized Family Advocacy Program positions, and how such challenges, if any, have affected the provision of services. (iii) The extent to which the Department of Defense and Armed Forces have ensured that Family Advocacy Program clinicians and victim advocates meet qualification and training requirements. (iv) The extent to which the Department of Defense has established metrics to evaluate the effectiveness of the staffing tool described in paragraph (2). (C) Briefing and report (i) Briefing Not later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A). (ii) Report Not later than 90 days after the date of the briefing under clause (i), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subparagraph (A). (f) Study and briefing on initial entry points (1) Study The Secretary of Defense shall conduct a study to identify initial entry points (including anonymous entry points) through which military family members may seek information or support relating to domestic abuse or child abuse and neglect. Such study shall include an assessment of— (A) points at which military families interact with the Armed Forces or the Department of Defense through which such information or support may be provided to family members, including points such as enrollment in the Defense Enrollment Eligibility Reporting System, and the issuance of identification cards; and (B) other existing and potential routes through which such family members may seek information or support from the Armed Forces or the Department, including online chat rooms, text-based support capabilities, and software applications for smartphones. (2) Briefing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing setting forth the results of the study conducted under paragraph (1). (g) Definitions In this section: (1) The term appropriate congressional committees means the Committees on Armed Services of the Senate and the House of Representatives. (2) The term civilian order of protection has the meaning given that term in section 1561a of title 10, United States Code. (3) The term disposition model for domestic violence means the process to determine— (A) the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and (B) consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense. (4) The term Incident Determination Committee means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense. (5) The term qualified civilian victim service organization means an organization outside the Department of Defense that— (A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and (B) is located in a community surrounding a military installation. (6) The term risk assessment tool means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur. 549A. Annual primary prevention research agenda (a) In general Beginning on October 1, 2022, and annually on the first day of each fiscal year thereafter, the Secretary of Defense shall publish a Department of Defense research agenda for that fiscal year, focused on the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse. (b) Elements Each annual primary prevention research agenda published under subsection (a) shall— (1) identify research priorities for that fiscal year; (2) assign research projects and tasks to the military departments and other components of the Department of Defense, as the Secretary of Defense determines appropriate; (3) allocate or direct the allocation of appropriate resourcing for each such project and task; and (4) be directive in nature and enforceable across all components of the Department of Defense, including with regard to— (A) providing for timely access to records, data and information maintained by any component of the Department of Defense that may be required in furtherance of an assigned research project or task; (B) ensuring the sharing across all components of the Department of Defense of the findings and the outcomes of any research project or task; and (C) any other matter determined by the Secretary of Defense. (c) Guiding principles The primary prevention research agenda should, as determined by the Secretary of Defense— (1) reflect a preference for research projects and tasks with the potential to yield or contribute to the development and implementation of actionable primary prevention strategies in the Department of Defense; (2) be integrated, so as to discover or test cross-cutting interventions across the spectrum of interpersonal and self-directed violence; (3) incorporate collaboration with other Federal departments and agencies, State governments, academia, industry, federally funded research and development centers, non-profit organizations, and other organizations outside of the Department of Defense; and (4) minimize unnecessary duplication of effort. (d) Budgeting The Secretary of Defense shall create a unique Program Element for and shall prioritize recurring funding to ensure the continuity of research pursuant to the annual primary prevention research agenda. 549B. Primary prevention workforce (a) Establishment The Secretary of Defense shall establish a Primary Prevention Workforce to provide a comprehensive and integrated program across the Department of Defense enterprise for the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse. (b) Primary Prevention Workforce model (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a holistic model for a dedicated and capable Primary Prevention Workforce in the Department of Defense. (2) Elements The model required under paragraph (1) shall include the following elements: (A) A description of Primary Prevention Workforce roles, responsibilities, and capabilities, including— (i) the conduct of research and analysis; (ii) advising all levels of military commanders and leaders; (iii) designing and writing strategic and operational primary prevention policies and programs; (iv) integrating and analyzing data; and (v) implementing, evaluating, and adapting primary prevention programs and activities, to include developing evidence-based training and education programs for Department personnel that is appropriately tailored by rank, occupation, and environment. (B) The design and structure of the Primary Prevention Workforce, including— (i) consideration of military, civilian, and hybrid manpower options; (ii) the comprehensive integration of the workforce from strategic to tactical levels of the Department of Defense and its components; and (iii) mechanisms for individuals in workforce roles to report to and align with installation-level and headquarters personnel. (C) Strategies, plans, and systematic approaches for recruiting, credentialing, promoting, and sustaining the diversity of work force roles comprising a professional workforce dedicated to primary prevention. (D) The creation of a professional, primary prevention credential that standardizes a common base of education and experience across the prevention workforce, coupled with knowledge development and skill building requirements built into the career cycle of prevention practitioners such that competencies and expertise increase over time. (E) Any other matter the Secretary of Defense determines necessary and appropriate to presenting an accurate and complete model of the Primary Prevention Workforce. (c) Reports (1) In general Not later than one year after the date of the enactment of this Act, the Secretaries of the military departments and the Chief of the National Guard Bureau each shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing how the military services and the National Guard, as applicable, will adapt and implement the primary prevention workforce model set forth in the report required under subsection (b). (2) Elements Each report submitted under subsection (a) shall include a description of— (A) expected milestones to implement the prevention workforce in the component at issue; (B) challenges associated with implementation of the workforce and the strategies for addressing such challenges; and (C) additional authorities that may be required to optimize implementation and operation of the workforce. (d) Operating capability deadline The Primary Prevention Workforce authorized under this section shall attain initial operating capability in each military department and military service and in the National Guard by not later than the effective date specified in section 539C. 549C. Reform and improvement of military criminal investigative organizations (a) Evaluation and plan for reform Not later than one year after the date of the enactment of this Act, each Secretary concerned shall— (1) complete an evaluation of the effectiveness of the military criminal investigative organization under the jurisdiction of such Secretary: and (2) submit to the appropriate congressional committees a report that includes— (A) the results of the evaluation conducted under paragraph (1); and (B) based on such results, if the Secretary determines that reform to the military criminal investigative organization under the jurisdiction of such Secretary is advisable, a proposal for reforming such organization to ensure that the organization effectively meets the demand for complex investigations and other emerging mission requirements. (b) Implementation plan (1) In general Not later than two years after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a plan to implement, to the extent determined appropriate by such Secretary, the reforms to the military criminal investigative organization proposed by such Secretary under subsection (a) to ensure that such organization is capable of professionally investigating criminal misconduct under its jurisdiction. (2) Elements Each plan under paragraph (1) shall include, with respect to the military criminal investigative organization under the jurisdiction of the Secretary concerned, the following: (A) The requirements that such military criminal investigative organization must meet to effectively carry out criminal investigative and other law enforcement missions in 2022 and subsequent years. (B) The resources that will be needed to ensure that each such military criminal investigative organization can achieve its mission. (C) An analysis of factors affecting the performance of such military criminal investigate organization, including— (i) whether appropriate technological investigative tools are available and accessible to such organization; and (ii) whether the functions of such organization would be better supported by civilian rather than military leadership. (D) For each such military criminal investigative organization— (i) the number of military personnel assigned to the organization; (ii) the number of civilian personnel assigned to the organization; and (iii) the functions of such military and civilian personnel. (E) A description of any plans of the Secretary concerned to develop a more professional workforce of military and civilian investigators. (F) A proposed timeline for the reform of such military investigative organization. (G) An explanation of the potential benefits of such reforms, including a description of— (i) specific improvements that are expected to result from the reforms; and (ii) whether the reforms will improve information sharing across military criminal investigative organizations. (H) With respect to the military criminal investigative organization of the Army, an explanation of how the plan will— (i) address the findings of the report of the Fort Hood Independent Review Committee, dated November 6, 2020; and (ii) coordinate with any other internal reform efforts of the Army. (c) Limitation on the changes to training locations In carrying out this section, the Secretary concerned may not change the locations at which military criminal investigative training is provided to members of the military criminal investigative organization under the jurisdiction of such Secretary until— (1) the implementation plan under subsection (b) is submitted to the appropriate congressional committees; and (2) a period of 60 days has elapsed following the date on which the Secretary notifies the appropriate congressional committees of the Secretary’s intent to move such training to a different location. (d) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. (2) The term military criminal investigative organization means each organization or element of the Department of Defense or the Armed Forces that is responsible for conducting criminal investigations, including— (A) the Army Criminal Investigation Command; (B) the Naval Criminal Investigative Service; (C) the Air Force Office of Special Investigations; (D) the Coast Guard Investigative Service; and (E) the Defense Criminal Investigative Service. (3) The term Secretary concerned means— (A) the Secretary of the Army, with respect to the Army Criminal Investigation Command; (B) the Secretary of the Navy, with respect to the Naval Criminal Investigative Service; (C) the Secretary of the Air Force, with respect to the Air Force Office of Special Investigations; (D) the Secretary of Homeland Security, with respect to the Coast Guard Investigative Service; and (E) the Secretary of Defense, with respect to the Defense Criminal Investigative Service. 549D. Military defense counsel Each Secretary of a military department shall— (1) ensure that military defense counsel have timely and reliable access to and funding for defense investigators, expert witnesses, trial support, pre-trial and post-trial support, paralegal support, counsel travel, and other necessary resources; (2) ensure that military defense counsel detailed to represent a member of the Armed Forces accused of a covered offense (as defined in section 801(17) of title 10, United States Code (article 1(17) of the Uniform Code of Military Justice), as added by section 533 of this Act) are well-trained and experienced, highly skilled, and competent in the defense of cases involving covered offenses; and (3) take or direct such other actions regarding military defense counsel as may be warranted in the interest of the fair administration of justice. 549E. Full functionality of Military Justice Review Panel Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall establish or reconstitute, maintain, and ensure the full functionality of the Military Justice Review Panel established pursuant to section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice)). 549F. Military service independent racial disparity review (a) Review required Each Secretary of a military department shall conduct an assessment of racial disparity in military justice and discipline processes and military personnel policies, as they pertain to minority populations. (b) Report required Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Comptroller General of the United States a report detailing the results of the assessment required by subsection (a), together with recommendations for statutory or regulatory changes as the Secretary concerned determines appropriate. (c) Comptroller General report Not later than 180 days after receiving the reports submitted under subsection (b), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report comparing the military service assessments on racial disparity conducted under subsection (a) to existing reports assessing racial disparity in civilian criminal justice systems in the United States. (d) Definitions In this section: (1) Military justice; discipline processes The terms military justice and discipline processes refer to all facets of the military justice system, including investigation, the use of administrative separations and other administrative sanctions, non-judicial punishment, panel selection, pre-trial confinement, the use of solitary confinement, dispositions of courts-martial, sentencing, and post-trial processes. (2) Military personnel policies The term military personnel policies includes accession rates and policies, retention rates and policies, promotion rates, assignments, professional military education selection and policies, and career opportunity for minority members of the Armed Forces. (3) Minority populations The term minority populations includes Black, Hispanic, Asian/Pacific Islander, American Indian, and Alaska Native populations. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system (a) Annual reports on racial and ethnic demographics in the military justice system (1) In general Chapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section: 486. Annual reports on racial and ethnic demographics in the military justice system (a) In general Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. (b) Contents The report of a Secretary of a military department for an armed force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including— (1) the number of offenses in the armed force that were reported to military officials, disaggregated by— (A) statistical category as related to the victim; and (B) statistical category as related to the principal; (2) the number of offenses in the armed forces that were investigated, disaggregated by statistical category as related to the principal; (3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; (4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; (5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; (6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial; (7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and (8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. (c) Submission to Congress Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives. (e) Definitions In this section: (1) The term statistical category means each of the following categories: (A) race; (B) sex; (C) ethnicity; (D) rank; and (E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). (2) The term principal has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).. (2) Clerical amendment The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 485 the following new item: 486. Annual reports on racial and ethnic demographics in the military justice system.. (b) Policy required (1) Requirement Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy requiring information on the race and ethnicity of accused individuals to be included to the maximum extent practicable in the annual report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note). (2) Exclusion The policy prescribed under paragraph (1) may provide for the exclusion of such information based on privacy concerns, impacts on accountability efforts, or other matters of importance as determined and identified in such policy by the Secretary. (3) Publicly available The Secretary of Defense shall make publicly available the information described in paragraph (1), subject to the exclusion of such information pursuant to paragraph (2). (4) Sunset The requirements of this subsection shall terminate on May 1, 2028. 486. Annual reports on racial and ethnic demographics in the military justice system (a) In general Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. (b) Contents The report of a Secretary of a military department for an armed force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including— (1) the number of offenses in the armed force that were reported to military officials, disaggregated by— (A) statistical category as related to the victim; and (B) statistical category as related to the principal; (2) the number of offenses in the armed forces that were investigated, disaggregated by statistical category as related to the principal; (3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; (4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; (5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; (6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial; (7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and (8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. (c) Submission to Congress Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives. (e) Definitions In this section: (1) The term statistical category means each of the following categories: (A) race; (B) sex; (C) ethnicity; (D) rank; and (E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). (2) The term principal has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice). 549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims Section 584 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) Authorizations for DoD Safe Helpline (1) Providing support and receiving official reports DoD Safe Helpline (or any successor service to DoD Safe Helpline, if any, as identified by the Secretary of Defense) is authorized to provide crisis intervention and support and to perform the intake of official reports of sexual assault from eligible adult sexual assault victims who contact the DoD Safe Helpline or other reports as directed by the Secretary of Defense. (2) Training and oversight DoD Safe Helpline staff shall have specialized training and appropriate certification to support eligible adult sexual assault victims. (3) Eligibility and procedures The Secretary of Defense shall prescribe regulations regarding eligibility for DoD Safe Helpline services, procedures for providing crisis intervention and support, and accepting reports. (4) Electronic receipt of official reports of adult sexual assaults DoD Safe Helpline shall provide the ability to receive reports of adult sexual assaults through the DoD Safe Helpline website and mobile phone applications, in a secure manner consistent with appropriate protection of victim privacy, and may offer other methods of receiving electronic submission of adult sexual assault reports, as appropriate, in a manner that appropriately protects victim privacy. (5) Types of reports Reports of sexual assault from eligible adult sexual assault victims received by DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall include unrestricted and restricted reports, or other reports as directed by the Secretary of Defense. (6) Option for entry into the Catch a Serial Offender system An individual making a restricted report (or a relevant successor type of report or other type of appropriate report, as determined by the Secretary of Defense) to the DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall have the option to submit information related to their report to the Catch a Serial Offender system (or its successor or similar system as determined by the Secretary of Defense).. 549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces Section 1631(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note) is amended by striking through March 1, 2021 and inserting through March 1, 2026. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty (a) Study Beginning not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall initiate a personnel study to determine— (1) the feasibility and advisability of creating a military occupational speciality for Sexual Assault Response Coordinators; and (2) if determined to be feasible and advisable, the optimal approach to establishing and maintaining such a military occupational speciality. (b) Report and briefing (1) Report Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a). (2) Briefing Not later than 30 days after the date on which the report is submitted under paragraph (1), the Secretary of Defense shall provide to the congressional defense committees a briefing on the results of the study conducted under subsection (a). (c) Elements The report and briefing under subsection (b) shall include the following: (1) The determination of the Secretary of Defense as to whether creating a military occupational speciality for Sexual Assault Response Coordinators is feasible and advisable. (2) If the Secretary determines that the creation of such a specialty is feasible and advisable— (A) a recommendation on the rank and level of experience required for a military occupational speciality for Sexual Assault Response Coordinators; (B) recommendations for strengthening recruitment and retention of members of the Armed Forces of the required rank and experience identified under subparagraph (A), including recommendations with respect to— (i) designating Sexual Assault Response Coordinators as a secondary military occupational speciality instead of a primary military occupational speciality; (ii) providing initial or recurrent bonuses or duty stations of choice to members who qualify for the military occupational speciality for Sexual Assault Response Coordinators; (iii) limiting the amount of time that a member who has qualified for such military occupational speciality can serve as a Sexual Assault Response Coordinator in a given period; or (iv) requiring evaluations, completed by an officer in the rank of O–6 or higher, for members who have qualified for such military occupational speciality and are serving as a Sexual Assault Response Coordinator; (C) recommendations for standardizing training and education for members of the Armed Forces seeking a military occupational speciality for Sexual Assault Response Coordinators or those serving as a Sexual Assault Response Coordinator, including by establishing dedicated educational programs for such members within each Armed Force; (D) an analysis of the impact of a military occupational speciality for Sexual Assault Response Coordinators on the personnel management of the existing Sexual Assault Response Coordinator program, including recruitment and retention; (E) an analysis of the requirements for a Sexual Assault Response Coordinator-specific chain of command; (F) analysis of the costs of establishing and maintaining a military occupational speciality for Sexual Assault Response Coordinators; (G) analysis of the potential impacts of a military occupational specialty for Sexual Assault Response Coordinators on the mental health of personnel within the specialty; and (H) any other matters the Secretary of Defense determines relevant for inclusion. 549K. Amendments to additional Deputy Inspector General of the Department of Defense Section 554(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in the section heading, by striking Deputy and inserting Assistant ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking Secretary of Defense and inserting Inspector General of the Department of Defense ; and (ii) by striking Deputy and inserting Assistant ; (B) in subparagraph (A), by striking of the Department ; and (C) in subparagraph (B), by striking report directly to and serve and inserting be ; (3) in paragraph (2)— (A) in the matter preceding clause (i) of subparagraph (A)— (i) by striking Conducting and supervising and inserting Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of ; and (ii) by striking evaluations and inserting inspections, ; (B) in clause (ii) of subparagraph (A), by striking , including the duties of the Inspector General under subsection (b) ; and (C) in subparagraph (B), by striking Secretary or ; (4) in paragraph (3)(A) in the matter preceding subparagraph (A), by striking Deputy and inserting Assistant ; (5) in paragraph (4)— (A) in subparagraph (A), by striking Deputy each place it appears and inserting Assistant ; (B) in subparagraph (B)— (i) by striking Deputy the first place it appears; (ii) by striking and the Inspector General ; (iii) by striking Deputy the second place it appears and inserting Assistant ; and (iv) by inserting before the period at the end the following: , for inclusion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.). ; (C) in subparagraph (C)— (i) by striking Deputy ; and (ii) by striking and Inspector General ; (D) in subparagraph (D)— (i) by striking Deputy ; (ii) by striking and the Inspector General ; (iii) by striking Secretary or ; and (iv) by striking direct and inserting determine ; and (E) in subparagraph (E)— (i) by striking Deputy ; and (ii) by striking of the Department and all that follows through Representatives and inserting consistent with the requirements of the Inspector General Act of 1978 (5 U.S.C. App.).. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces Section 549 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 113 note) is amended— (1) in the section heading, by inserting and bullying after hazing ; (2) in subsection (a)— (A) in the heading, by inserting and anti-bullying after Anti-hazing ; and (B) by inserting or bullying after hazing both places it appears; (3) in subsection (b), by inserting and bullying after hazing ; and (4) in subsection (c)— (A) in the heading, by inserting and bullying after hazing ; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking January 31 of each year through January 31, 2021 and inserting May 31, 2023, and annually thereafter for five years, ; and (II) by striking each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary, and inserting the Secretary of Defense ; (ii) in subparagraph (A), by inserting or bullying after hazing ; and (iii) in subparagraph (C), by inserting and anti-bullying after anti-hazing ; and (C) in amending paragraph (2) to read as follows: (2) Additional elements Each report required by this subsection shall include the following: (A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces. (B) A description of processes of each Armed Force described in subsection (b) to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology each such Armed Force uses to categorize and count potential instances of hazing or bullying. (C) An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary. (D) An assessment by the Office of the Secretary of Defense of— (i) the effectiveness of each Armed Force described in subsection (b) in tracking and reporting instances of hazing or bullying; (ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year. (E) Recommendations of the Secretary to improve— (i) elements described in subparagraphs (A) through (D). (ii) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Armed Forces. (F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces. (G) Data on allegations of hazing and bullying in the Armed Forces, including final disposition of investigations. (H) Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year.. 549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing such recommendations as the Secretary considers appropriate with respect to the establishment of a separate punitive article in chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on violent extremism. 549N. Combating foreign malign influence Section 589E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking subsections (d) and (e); and (2) by inserting after subsection (c) the following new subsections: (d) Establishment of working group (1) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall establish a working group to assist the official designated under subsection (b), as follows: (A) In the identification of mediums used by covered foreign countries to identify, access, and endeavor to influence servicemembers and Department of Defense civilian employees through foreign malign influence campaigns and the themes conveyed through such mediums. (B) In coordinating and integrating the training program under this subsection in order to enhance and strengthen servicemember and Department of Defense civilian employee awareness of and defenses against foreign malign influence, including by bolstering information literacy. (C) In such other tasks deemed appropriate by the Secretary of Defense or the official designated under subsection (b). (2) The official designed under subsection (b) and the working group established under this subsection shall consult with the Foreign Malign Influence Response Center established pursuant to section 3059 of title 50, United States Code. (e) Report required Not later than 18 months after the establishment of the working group, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the working group, its activities, the effectiveness of the counter foreign malign influence activities carried out under this section, the metrics applied to determined effectiveness, and the actual costs associated with actions undertaken pursuant to this section. (f) Definitions In this section: (1) Foreign malign influence The term foreign malign influence has the meaning given that term in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ). (2) Covered foreign country The term covered foreign country has the meaning given that term in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ) (3) Information literacy The term information literacy means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images).. 551. Troops-to-Teachers Program (a) Requirement to carry out program Section 1154(b) of title 10, United States Code, is amended by striking may and inserting shall. (b) Reporting requirement Section 1154 of title 10, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: (i) Annual report (1) Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the Program. (2) The report required under paragraph (1) shall include the following elements: (A) The total cost of the Program for the most recent fiscal year. (B) The total number of teachers placed during such fiscal year and the locations of such placements. (C) An assessment of the STEM backgrounds of the teachers placed, the number of placements in high-need schools, and any other metric or information the Secretary considers appropriate to illustrate the cost and benefits of the program to members of the armed forces, veterans, and local educational agencies. (3) In this subsection, the term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Help, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives.. (c) Sunset Section 1154 of title 10, United States Code, as amended by subsection (b), is further amended by adding at the end the following new subsection: (k) Sunset The Program shall terminate on July 1, 2025, with respect to the selection of new participants for the program. Participants in the Program as of that date may complete their program, and remain eligible for benefits under this section.. 552. Codification of human relations training for certain members of the Armed Forces (a) In general Chapter 101 of title 10, United States Code, is amended by inserting before section 2002 the following new section: 2001. Human relations training (a) Human relations training (1) (A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary. (B) Matters covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity. (C) Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter. (2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible activity, based upon discriminatory motives, does not occur in a unit under the command of such commander. (b) Information provided to prospective recruits The Secretary of Defense shall ensure that— (1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and (2) each such individual is informed that if supporting such guarantees is not possible personally for that individual, then that individual should decline to enter the armed forces.. (b) Technical and conforming amendments (1) Technical amendment The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2002 the following new item: 2001. Human relations training.. (2) Conforming amendment Section 571 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 10 U.S.C. 113 note) is repealed. (c) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding— (1) implementation of section 2001 of such title, as added by subsection (a); and (2) legislation the Secretary determines necessary to complete such implementation. 2001. Human relations training (a) Human relations training (1) (A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary. (B) Matters covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity. (C) Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter. (2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible activity, based upon discriminatory motives, does not occur in a unit under the command of such commander. (b) Information provided to prospective recruits The Secretary of Defense shall ensure that— (1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and (2) each such individual is informed that if supporting such guarantees is not possible personally for that individual, then that individual should decline to enter the armed forces. 553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress (a) United States Military Academy (1) In general Chapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.. (2) Clerical amendment The table of sections at the beginning of chapter 753 of such title is amended by inserting after the item relating to section 7442 the following new item: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (b) United States Naval Academy (1) In general Chapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title.. (2) Clerical amendment The table of sections at the beginning of chapter 853 of such title is amended by inserting after the item relating to section 8454 the following new item: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (c) Air Force Academy (1) In general Chapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title.. (2) Clerical amendment The table of sections at the beginning of chapter 953 of such title is amended by inserting after the item relating to section 9442 the following new item: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.. (d) Report Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding implementation of the amendments under this section, including— (1) the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and (2) the number of times a Member of Congress has failed to submit nominations to the military academies due to death, resignation from office, or expulsion from office. 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title. 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title. 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. (b) Representatives In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Rule of construction The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired (a) United States Military Academy Section 7455(b) of title 10, United States Code, is amended by striking is appointed and inserting is appointed by the President. (b) United States Naval Academy Section 8468(b) of title 10, United States Code, is amended by striking is appointed and inserting is appointed by the President. (c) United States Air Force Academy Section 9455(b)(1) of title 10, United States Code, is amended by striking is designated and inserting is designated by the President. (d) United States Coast Guard Academy Section 1903(b)(2)(B) of title 14, United States Code, is amended by striking is appointed and inserting is appointed by the President. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely (a) United States Military Academy Section 7455 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member.. (b) United States Naval Academy Section 8468 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member.. (c) United States Air Force Academy Section 9455 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such member.. 556. Defense Language Institute Foreign Language Center (a) Authority to award bachelor’s degrees Section 2168 of title 10, United States Code, is amended— (1) in the section heading, by striking Associate and inserting Associate or Bachelor ; and (2) by amending subsection (a) to read as follows: (a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer— (1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or (2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.. (b) Clerical amendment The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item: 2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language.. 557. United States Naval Community College (a) Establishment Chapter 859 of title 10, United States Code, is amended by adding at the end the following new section: 8595. United States Naval Community College: establishment and degree granting authority (a) Establishment and function There is a United States Naval Community College. The primary function of such College shall be to provide— (1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in— (A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and (B) their practical duties; (2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1); (3) support and advisement services for individuals pursuing such programs; and (4) continuous monitoring of the progress of such individuals. (b) Individuals eligible for programs Subject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a): (1) Enlisted members of the Navy and Marine Corps. (2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree. (3) Civilian employees of the Department of the Navy. (4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is— (A) in alignment with the mission of the United States Naval Community College; and (B) determined to support the mission or needs of the Department of the Navy. (c) Degree and credential granting authority (1) In general Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements. (2) Limitation A degree or credential may not be conferred under this subsection unless— (A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education. (3) Congressional notification requirements (A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and (ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority. (B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. (C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential. (d) Civilian faculty members (1) Authority of Secretary The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary. (2) Compensation The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.. (b) Clerical amendment The table of sections at the beginning of chapter 859 of title 10, United States Code, is amended by adding at the end the following new item: 8595. United States Naval Community College: establishment and degree granting authority.. 8595. United States Naval Community College: establishment and degree granting authority (a) Establishment and function There is a United States Naval Community College. The primary function of such College shall be to provide— (1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in— (A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and (B) their practical duties; (2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1); (3) support and advisement services for individuals pursuing such programs; and (4) continuous monitoring of the progress of such individuals. (b) Individuals eligible for programs Subject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a): (1) Enlisted members of the Navy and Marine Corps. (2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree. (3) Civilian employees of the Department of the Navy. (4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is— (A) in alignment with the mission of the United States Naval Community College; and (B) determined to support the mission or needs of the Department of the Navy. (c) Degree and credential granting authority (1) In general Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements. (2) Limitation A degree or credential may not be conferred under this subsection unless— (A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education. (3) Congressional notification requirements (A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and (ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority. (B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. (C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential. (d) Civilian faculty members (1) Authority of Secretary The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary. (2) Compensation The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy. 558. Codification of establishment of United States Air Force Institute of Technology (a) In general Chapter 951 of title 10, United States Code, is amended by inserting before section 9414 the following new section: 9413. United States Air Force Institute of Technology: establishment There is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting, before the item relating to section 9414, the following new item: 9413. United States Air Force Institute of Technology: establishment.. 9413. United States Air Force Institute of Technology: establishment There is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits (a) In general Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: (k) (1) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title on a half-time or more basis, the Secretary concerned shall, at the election of the individual, pay the individual educational assistance allowance under this chapter for pursuit of such education or training as if the individual were not also eligible to receive or in receipt of educational assistance under section 2007 for pursuit of such education or training. (2) Concurrent receipt of educational assistance under section 2007 of this title and educational assistance under this chapter shall not be considered a duplication of benefits if the individual is enrolled in a program of education on a half-time or more basis.. (b) Conforming amendments Section 2007(d) of such title is amended— (1) in paragraph (1), by inserting or chapter 1606 of this title after of title 38 ; and (2) in paragraph (2), by inserting , in the case of educational assistance under chapter 30 of such title, and section 16131(k), in the case of educational assistance under chapter 1606 of this title before the period at the end. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen (a) Regulations required Not later than one year after the date of the enactment of this Act, the Secretary of Defense, after consultation with the Secretaries of the military departments and the Superintendent of each military service academy, shall prescribe regulations that include the option to preserve parental guardianship rights of a cadet or midshipman who becomes pregnant or fathers a child while attending a military service academy, consistent with the individual and academic responsibilities of such cadet or midshipman. (b) Briefings; report (1) Interim briefing Not later than May 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives an interim briefing on the development of the regulations prescribed under subsection (a). (2) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on any legislation the Secretary determines necessary to implement the regulations prescribed under subsection (a). (3) Final briefing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a final briefing on the regulations prescribed under subsection (a). (c) Rule of construction Nothing in this section shall be construed to change, or require a change to, any admission requirement at a military service academy. (d) Military service academy defined In this section, the term military service academy means the following: (1) The United States Military Academy. (2) The United States Naval Academy. (3) The United States Air Force Academy. 559B. Defense language continuing education program (a) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall establish policies and procedures to provide, to linguists of the covered Armed Forces who have made the transition from formal training programs to operational and staff assignments, continuing language education to maintain their respective language proficiencies. (b) Reimbursement authority (1) In general Not later than one year after the date of the enactment of this Act, the Under Secretary, in coordination with the chief of each covered Armed Force, shall establish a procedure by which the covered Armed Force concerned may reimburse an organization of the Department of Defense that provides, to members of such covered Armed Force, continuing language education, described in subsection (a), for the costs of such education. (2) Sunset The authority under this subsection shall expire on September 30, 2025. (c) Briefing Not later than July 1, 2022, the Under Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on implementation of this section and plans regarding continuing language education described in subsection (a). (d) Covered Armed Force defined In this section, the term covered Armed Force means the Army, Navy, Air Force, Marine Corps, or Space Force. 559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system The Secretary of Defense may not implement a civilian faculty tenure system for the United States Air Force Academy (in this section referred to as the Academy ) until the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the following: (1) How a civilian faculty tenure system would promote the mission of the Academy. (2) How a civilian faculty tenure system would affect the current curricular governance process of the Academy. (3) How the Academy will determine the number of civilian faculty at the Academy who would be granted tenure. (4) How a tenure system would be structured for Federal employees at the Academy, including exact details of specific protections and limitations. (5) The budget implications of implementing a tenure system for the Academy. (6) The faculty qualifications that would be required to earn and maintain tenure. (7) The reasons for termination of tenure that will be implemented and how a tenure termination effort would be conducted. 559D. Professional military education: report; definition (a) Report (1) In general Not later than July 1, 2022, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the definition of professional military education in the Department of Defense and the military departments as specified in subsection (c). (2) Elements The report under this subsection shall include the following elements: (A) A consolidated summary of all definitions of the term professional military education used in the Department of Defense and the military departments. (B) A description of how such term is used in the Department of Defense in educational institutions, associated schools, programs, think tanks, research centers, and support activities. (C) An analysis of how such term— (i) applies to tactical, operational, and strategic settings; and (ii) is linked to mission requirements. (D) An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training. (E) The applicability of professional military education to the domains of warfare, including land, air, sea, space, and cyber. (F) With regards to online and virtual learning in professional military education— (i) an analysis of the use of such learning; and (ii) student satisfaction in comparison to traditional classroom learning. (b) Definition Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, using the report under subsection (a), shall standardize the definition of professional military education across the military departments and the Department of Defense. 559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors (a) Report required Not later than June 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on training and courses of education offered to covered members regarding— (1) sexual assault; (2) sexual harassment; (3) extremism; (4) domestic violence; (5) diversity, equity, and inclusion; (6) military equal opportunity; (7) suicide prevention; and (8) substance abuse. (b) Elements The report under subsection (a) shall identify, with regard to each training or course of education, the following: (1) Sponsor. (2) Location. (3) Method. (4) Frequency. (5) Number of covered members who have participated. (6) Legislation, regulation, instruction, or guidance that requires such training or course (if applicable). (7) Metrics of— (A) performance; (B) effectiveness; and (C) data collection. (8) Responsibilities of the Secretary of Defense or Secretary of a military department to— (A) communicate with non-departmental entities; (B) process feedback from trainers, trainees, and such entities; (C) connect such training or course to tactical, operational, and strategic goals; and (D) connect such training or course to other training regarding social reform and unhealthy behavior. (9) Analyses of— (A) whether the metrics described in paragraph (7) are standardized across the military departments; (B) mechanisms used to engage non-departmental entities to assist in the development of such training or courses; (C) incentives used to ensure the effectiveness of such training or courses; (D) how each training or courses is intended to change behavior; and (E) costs of such training and courses. (10) Recommendations of the Secretary of Defense to improve such training or courses, including the estimated costs to implement such improvements. (11) Any other information the Secretary of Defense determines relevant. (c) Covered member defined In this section, the term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department. 559F. Report on status of Army Tuition Assistance Program Army IgnitED program (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the status of the Army IgnitED program of the Army’s Tuition Assistance Program. (b) Elements The report required under subsection (a) shall describe— (1) the estimated date when the Army IgnitED program will be fully functional; (2) the estimated date when service members will be reimbursed for out of pocket expenses caused by processing delays and errors under the Army IgnitED program; and (3) the estimated date when institutions of higher education will be fully reimbursed for all costs typically provided through the Tuition Assistance Program but delayed due to processing delays and errors under the Army IgnitED program. 559G. Briefing on cadets and midshipmen with speech disorders Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding nominees, who have speech disorders, to each military service academy. Such briefing shall include the following: (1) The number of such nominees were offered admission to the military service academy concerned. (2) The number of nominees described in paragraph (1) who were denied admission on the basis of such disorder. (3) Whether the admission process to a military service academy includes testing for speech disorders. (4) The current medical standards of each military service academy regarding speech disorders. (5) Whether the Superintendent of each military service academy provides speech therapy to mitigate speech disorders— (A) of nominees to such military service academy to facilitate admission of such nominees; and (B) of the cadets or midshipman at such military service academy. 561. Expansion of support programs for special operations forces personnel and immediate family members Section 1788a(e) of title 10, United States Code, is amended— (1) in paragraph (4), by striking covered personnel and inserting covered individuals ; and (2) in paragraph (5)— (A) by striking covered personnel and inserting covered individuals ; (B) in subparagraph (B), by striking and at the end; (C) in subparagraph (C), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subparagraph: (D) immediate family members of individuals described in subparagraphs (A) or (B) in a case in which such individual died— (i) as a direct result of armed conflict; (ii) while engaged in hazardous service; (iii) in the performance of duty under conditions simulating war; or (iv) through an instrumentality of war.. 562. Improvements to the Exceptional Family Member Program (a) Expansion of advisory panel on community support for military families with special needs Section 563(d)(2) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 1781c note) is amended— (1) by striking seven and inserting nine ; (2) by inserting , appointed by the Secretary of Defense, after individuals ; (3) by inserting each before a member ; (4) by striking the second sentence and inserting In appointing individuals to the panel, the Secretary shall ensure that— ; and (5) by adding at the end the following: (A) one individual is the spouse of an enlisted member; (B) one individual is the spouse of an officer in a grade below O-6; (C) one individual is a junior enlisted member; (D) one individual is a junior officer; (E) individuals reside in different geographic regions; (F) one individual is a member serving at a remote installation or is a member of the family of such a member; and (G) at least two individuals are members serving on active duty, each with a dependent who— (i) is enrolled in the Exceptional Family Member Program; and (ii) has an individualized education program.. (b) Relocation The Secretary of the military department concerned may, if such Secretary determines it feasible, permit a covered member who receives permanent change of station orders to elect, not later than 14 days after such receipt, from at least two locations that provide support for the dependent of such covered member with a special need. (c) Family member medical summary The Secretary of a military department, in coordination with the Director of the Defense Health Agency, shall require that a family member medical summary, completed by a licensed and credentialed medical provider, is accessible in the electronic health record of the Department of Defense for subsequent review by a licensed medical provider. (d) Covered member defined In this section, the term covered member means a member of an Armed Force— (1) under the jurisdiction of the Secretary of a military department; and (2) with a dependent with a special need. 563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel (a) Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees (1) Assistance to schools with significant numbers of military dependent students Of the amount authorized to be appropriated for fiscal year 2022 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 20 U.S.C. 7703b ). (2) Local educational agency defined In this subsection, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ). (b) Impact aid for children with severe disabilities (1) In general Of the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654A–77; 20 U.S.C. 7703a ). (2) Additional amount Of the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities. (3) Report Not later than March 31, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive. 564. Pilot program to establish employment fellowship opportunities for military spouses (a) Establishment Not later than one year after the date of the enactment of this Act, the Secretary of Defense may establish a three-year pilot program to provide employment support to the spouses of members of the Armed Forces through a paid fellowship with employers across a variety of industries. In carrying out the pilot program, the Secretary shall take the following steps: (1) Enter into a contract or other agreement to conduct a career fellowship pilot program for military spouses. (2) Determine the appropriate capacity for the pilot program based on annual funding availability. (3) Establish evaluation criteria to determine measures of effectiveness and cost-benefit analysis of the pilot program in supporting military spouse employment. (b) Limitation on total amount of assistance The total amount of the pilot program may not exceed $5,000,000 over the life of the pilot. (c) Reports Not later than two years after the Secretary establishes the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report that includes the following elements: (1) The number of spouses who participated in the pilot program annually. (2) The amount of funding spent through the pilot program annually. (3) A recommendation of the Secretary regarding whether to discontinue, expand, or make the pilot program permanent. (d) Final report Not later than 180 days after the pilot program ends, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report that includes the following elements: (1) The number of spouses who participated in the pilot program. (2) The amount of funding spent through the pilot program. (3) An evaluation of outcomes. (4) A recommendation of the Secretary regarding whether to make the pilot program permanent. (e) Termination The pilot program shall terminate three years after the date on which the Secretary establishes the pilot program. 565. Policy regarding remote military installations (a) Policy Not later than December 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a uniform policy for how to— (1) identify remote military installations; and (2) assess and manage challenges associated with remote military installations and military personnel assigned to remote locations. (b) Elements The policy under subsection (a) shall address the following: (1) Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces. (2) Availability of housing, located on and off remote military installations. (3) Educational services for dependents of members of the Armed Forces, located on and off remote military installations. (4) Availability of health care. (5) Employment opportunities for military spouses. (6) Risks associated with having insufficient support services for members of the Armed Forces and their dependents. (c) Report Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy under this section. (d) Military installation defined In this section, the term military installation has the meaning given that term in section 2801 of title 10, United States Code. 566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources (a) Plan required The Secretary of Defense shall develop a plan to implement the recommendation of the Comptroller General of the United States, to address strategies for sharing information on outreach to military spouses regarding career assistance resources, in the report of the Government Accountability Office titled Military Spouse Employment: DOD Should Continue Assessing State Licensing Practices and Increase Awareness of Resources (GAO–21–193). The plan shall include the following elements: (1) A summary of actions that have been taken to implement the recommendation. (2) A summary of actions that will be taken to implement the recommendation, including how the Secretary plans to— (A) engage military services and installations, members of the Spouse Ambassador Network, and other local stakeholders to obtain information on the outreach approaches and best practices used by military installations and stakeholders; (B) overcome factors that may limit use of best practices; (C) disseminate best practices to relevant stakeholders; and (D) identify ways to and better coordinate with the Secretaries of Veterans Affairs, Labor, and Housing and Urban Development; and (E) a schedule, with specific milestones, for completing implementation of the recommendation. (b) Implementation; deadline Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a). 567. Study on employment of military spouses (a) Study (1) In general The Secretary of Defense shall conduct a study to identify employment barriers affecting military spouses. (2) Elements The study conducted under paragraph (1) shall determine the following: (A) The rate or prevalence of military spouses who are currently employed and whether such military spouses have children. (B) The rate or prevalence of military spouses who are underemployed. (C) In connection with subparagraph (B), whether a military spouse would have taken a different position of employment if the military spouse were not impacted by the spouse who is a member of the Armed Forces. (D) The rate or prevalence of military spouses who, due to military affiliation, have experienced discrimination by civilian employers, including loss of employment, denial of a promotion, and difficulty in being hired. (E) Any other barriers of entry into the local workforce for military spouses, including— (i) state licensure requirements; (ii) availability of childcare; (iii) access to broadband; (iv) job availability in military communities; and (v) access to housing. (b) Report Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under this section, including any policy recommendations to address employment barriers identified by the study. (c) Definitions In this section: (1) Military spouse The term military spouse means the spouse of a member of the Armed Forces serving on active duty. (2) Congressional defense committees The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on how and the extent to which commanders of military installations connect military families with local nonprofit and government entities that provide services to military families, including assistance with housing. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs (a) Briefing Not later April 1, 2022, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the following: (1) The feasibility of developing a written process whereby an installation commander can certify the information contained in impact aid source check forms received by such installation commander from local educational agencies. (2) Benefits of working with local educational agencies to certify impact aid source check forms are submitted in the appropriate manner. (3) An estimated timeline to implement such a certification process. (b) Definitions In this section: (1) The term impact aid source check form means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(a) ). (2) The term local educational agency has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program (a) Briefing required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the provision of legal services, under section 582(b)(7) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), to families enrolled in EFMP. (b) Elements The briefing shall include the following elements: (1) Training, provided by civilian attorneys or judge advocates general, regarding special education. (2) Casework, relating to special education, of such civilian attorneys and judge advocates general. (3) Information on how such legal services tie in to broader EFMP support under the Individuals with Disabilities Education Act ( Public Law 91–230 ), including the geographic support model. (4) Other matters regarding such legal services that the Secretary of Defense determines appropriate. (5) Costs of such elements described in paragraphs (1) through (4). (c) Definitions In this section: (1) The term EFMP means the Exceptional Family Member Program. (2) The terms child with a disability , free appropriate public education , and special education have the meanings given those terms in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). 569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report (a) Review The Comptroller General of the United States shall conduct a review of POTFF. Such review shall include the following: (1) With regards to current programs and activities of POTFF, an assessment of the sufficiency of the following domains: (A) Human performance. (B) Psychological and behavioral health. (C) Social and family readiness. (D) Spiritual. (2) A description of efforts of the Commander of United States Special Operations Command to assess the unique needs of members of special operations forces, including women and minorities. (3) A description of plans of the Commander to improve POTFF to better address the unique needs of members of special operations forces. (4) Changes in costs to the United States to operate POTFF since implementation. (5) Rates of participation in POTFF, including— (A) the number of individuals who participate; (B) frequency of use by such individuals; and (C) geographic locations where such individuals participate. (6) Methods by which data on POTFF is collected and analyzed. (7) Outcomes used to determine the effects of POTFF on members of special operations forces and their immediate family members, including a description of the effectiveness of POTFF in addressing unique needs of such individuals. (8) Any other matter the Comptroller General determines appropriate. (b) Briefing Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall brief the appropriate committees on the preliminary findings of the Comptroller General under such review. (c) Report The Comptroller General shall submit to the appropriate committees a final report on such review at a date mutually agreed upon by the Comptroller General and the appropriate committees. (d) Definitions In this section: (1) The term appropriate committees means the Committees on Armed Services of the Senate and House of Representatives. (2) The term POTFF means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code. (3) The term special operations forces means the forces described in section 167(j) of title 10, United States Code. 571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces (a) Establishment of criteria Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and in coordination with the Secretaries of the military departments, shall establish criteria, consistent across the Armed Forces, for determining which uniform or clothing items across the Armed Forces are considered uniquely military for purposes of calculating the standard cash clothing replacement allowances, in part to reduce differences in out-of pocket costs incurred by enlisted members of the Armed Forces across the military services and by gender within an Armed Force. (b) Reviews (1) Quinquennial review The Under Secretary shall review the criteria established under subsection (a) every five years after such establishment and recommend to the Secretaries of the military departments adjustments to clothing allowances for enlisted members if such allowances are insufficient to pay for uniquely military items determined pursuant to such criteria. (2) Periodic reviews The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, and in coordination with the Secretaries of the military departments, shall periodically review— (A) all uniform clothing plans of each Armed Force under the jurisdiction of the Secretary of a military department to identify data needed to facilitate cost discussions and make recommendations described in paragraph (1); (B) not less than once every five years, calculations of each Armed Force for standard clothing replacement allowances for enlisted members, in order to develop a standard by which to identify differences described in subsection (a); (C) not less than once every 10 years, initial clothing allowances for officers, in order to identify data necessary to facilitate cost discussions and make recommendations described in paragraph (1); and (D) all plans of each Armed Force under the jurisdiction of the Secretary of a military department for changing uniform items to determine if such planned changes will result in differences described in subsection (a). (c) Regulations Not later than September 30, 2022, each Secretary of a military department shall prescribe regulations that ensure the following: (1) The out-of-pocket cost to an officer or enlisted member of an Armed Force for a mandatory uniform item (or part of such uniform) may not exceed such cost to another officer or enlisted member of that Armed Force for such uniform (or part, or equivalent part, of such uniform) solely based on gender. (2) If a change to a uniform of an Armed Force affects only enlisted members of one gender, an enlisted member of such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted member relating to such change. (3) An individual who has separated or retired, or been discharged or dismissed, from the Armed Forces, shall not entitled to an allowance under paragraph (2). (d) Report Not later than December 31, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on— (1) the estimated production costs and average retail prices of military clothing items for members (including officers and enlisted members) of each Armed Force; and (2) a comparison of costs for male and female military clothing items for members of each Armed Force. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a study of the following: (1) The number of members of the regular components of the Armed Forces (including cadets and midshipmen at the military service academies) who identify as Hispanic or Latino, separated by rank. (2) A comparison of the percentage of the members described in paragraph (1) with the percentage of the population of the United States who are eligible to enlist or commission in the Armed Forces who identify as Hispanic or Latino. (3) A comparison of how each of the Armed Forces recruits individuals who identify as Hispanic or Latino. (4) A comparison of how each of the Armed Forces retains both officer and enlisted members who identify as Hispanic or Latino. (5) A comparison of how each of the Armed Forces promotes both officer and enlisted members who identify as Hispanic or Latino. 573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting Section 113 of title 10, United States Code, is amended— (1) in subsection (c)(2), by inserting before the semicolon the following: , including the status of diversity and inclusion in the military service academies, the Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps programs of such department ; and (2) in subsection (m)— (A) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (B) by inserting after paragraph (4) the following new paragraph: (5) The number of graduates of the Senior Reserve Officers’ Training Corps during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.. 574. Extension of deadline for GAO report on equal opportunity at the military service academies Section 558 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended, in the matter preceding paragraph (1), by striking one year after the date of the enactment of this Act and inserting May 31, 2022. 581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test Section 594 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking Not later than one year after the date of the enactment of this Act and inserting Not later than October 1, 2024. 582. Authorizations for certain awards (a) Medal of Honor to Charles R. Johnson for acts of valor during the Korean War (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Charles R. Johnson for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Charles R. Johnson on June 11 and 12, 1953, as a member of the Army serving in Korea, for which he was awarded the Silver Star. (b) Medal of Honor to Wataru Nakamura for acts of valor during the Korean War (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Wataru Nakamura for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Wataru Nakamura on May 18, 1951, as a member of the Army serving in Korea, for which he was awarded the Distinguished-Service Cross. (c) Medal of Honor to Bruno R. Orig for acts of valor during the Korean War (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Bruno R. Orig for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Bruno R. Orig on Februray 15, 1951, as a member of the Army serving in Korea, for which he was awarded the Distinguished-Service Cross. (d) Medal of Honor to Dennis M. Fujii for acts of valor during the Vietnam War (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Dennis M. Fujii for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Dennis M. Fujii on February 18 through 22, 1971, as a member of the Army serving in the Republic of Vietnam, for which he was awarded the Distinguished-Service Cross. (e) Medal of Honor to Edward N. Kaneshiro, for acts of valor during the Vietnam War (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Edward N. Kaneshiro for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Edward N. Kaneshiro on December 1, 1966, as a member of the Army serving in Vietnam, for which he was awarded the Distinguished-Service Cross. (f) Distinguished-Service Cross to Earl R. Fillmore, Jr. for acts of valor in Somalia (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to Earl R. Fillmore, Jr. for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Earl R. Fillmore, Jr. on October 3, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (g) Distinguished-Service Cross to Robert L. Mabry for acts of valor in Somalia (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to Robert L. Mabry for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of Robert L. Mabry on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (h) Distinguished-Service Cross to John G. Macejunas for acts of valor in Somalia (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to John G. Macejunas for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of John G. Macejunas on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. (i) Distinguished-Service Cross to William F. Thetford for acts of valor in Somalia (1) Authorization Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to William F. Thetford for the acts of valor described in paragraph (2). (2) Acts of valor described The acts of valor described in this paragraph are the actions of William F. Thetford on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. 583. Establishment of the Atomic Veterans Commemorative Service Medal (a) Service medal required The Secretary of Defense shall design and produce a commemorative military service medal, to be known as the Atomic Veterans Commemorative Service Medal , to commemorate the service and sacrifice of veterans who were instrumental in the development of our nations atomic and nuclear weapons programs. (b) Eligibility requirements (1) The Secretary of Defense shall, within 180 days after the date of enactment of this Act, determine eligibility requirements for this medal. (2) Sixty days prior to publishing the eligibility requirements for this medal, the Secretary of Defense shall submit proposed eligibility criteria under paragraph (1) to the Committees on Armed Services of the Senate and House of Representatives for comment. (3) The Secretary of Defense may require persons to submit supporting documentation for the medal authorized in subsection (a) to determine eligibility under paragraph (1). (c) Distribution of medal (1) Issuance to retired and former members At the request of an eligible veteran, the Secretary of Defense shall issue the Atomic Veterans Commemorative Service Medal to the eligible veteran. (2) Issuance to next-of-kin In the case of a veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Commemorative Service Medal to the next-of-kin of the persons. If applications for a medal are filed by more than one next of kin of a person eligible to receive a medal under this section, the Secretary of Defense shall determine which next-of-kin will receive the medal. (3) Application The Secretary shall prepare and disseminate as appropriate an application by which veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal. (d) Authorization of appropriations There is authorized to be appropriated such sum as may be necessary to carry out this section. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery (a) Updates and preservation of memorials (1) Protestant chaplains memorial The Secretary of the Army may permit NCMAF— (A) to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial; (B) to provide an updated bronze plaque, described in subparagraph (A), including the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and (C) to make such other updates and corrections to the memorial that the Secretary determines necessary. (2) Catholic and Jewish chaplain memorials The Secretary of the Army may permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that the Secretary determines necessary. (3) No cost to Federal Government The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government. (b) Verification of names NCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served. (c) Prohibition on expansion of memorials Except as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act. (d) Definitions In this section: (1) The term Chaplains Hill means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill. (2) The term NCMAF means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section. 585. Reports on security force personnel performing protection level one duties (a) In general The Secretary of the Air Force shall submit to the congressional defense committees a report on the status of security force personnel performing protection level one (PL–1) duties— (1) not later than 90 days after the date of the enactment of this Act; and (2) concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to section 1105(a) of title 31, United States Code. (b) Elements Each report required by subsection (a) shall include the following: (1) The number of Air Force personnel performing, and the number of unfilled billets designated for performance of, PL–1 duties on a full-time basis during the most recent fiscal year that ended before submission of the report. (2) The number of such personnel disaggregated by mission assignment during that fiscal year. (3) The number of such personnel and unfilled billets at each major PL–1 installation during that fiscal year and a description of the rank structure of such personnel. (4) A statement of the time, by rank structure, such personnel were typically assigned to perform PL–1 duties at each major PL–1 installation during that fiscal year. (5) The retention rate for security personnel performing such duties during that fiscal year. (6) The number of Air Force PL–1 security force members deployed to support another Air Force mission or a joint mission with another military department during that fiscal year. (7) A description of the type of training for security personnel performing PL–1 duties during that fiscal year. (8) An assessment of the status of replacing the existing fleet of high mobility multipurpose wheeled vehicles (HMMWV) and BearCat armored vehicles, by PL–1 installation. (9) Such other matters as the Secretary considers appropriate relating to security force personnel performing PL–1 duties during the period of five fiscal years after submission of the report. 586. GAO study on tattoo policies of the Armed Forces (a) Study The Comptroller General of the United States shall evaluate the tattoo policies of each Armed Force, including— (1) the effects of such policies on recruitment, retention, reenlistment of members of the Armed Forces; and (2) processes for waivers to such policies to recruit, retain, or reenlist members who have unauthorized tattoos. (b) Briefing Not later than March 31, 2022, the Comptroller General shall brief the Committees on Armed Services of the Senate and House of Representatives on preliminary findings of such evaluation. (c) Report Not later than July 1, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of such evaluation. 587. Briefing regarding best practices for community engagement in Hawaii (a) Briefing required Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense and the Secretaries of the military departments shall jointly submit to Congress a briefing on best practices for coordinating relations with State and local governmental entities in the State of Hawaii. (b) Best practices The best practices referred to in subsection (a) shall address each of the following issues: (1) Identify comparable locations with joint base military installations or of other densely populated metropolitan areas with multiple military installations and summarize lessons learns from any similar efforts to engage with the community and public officials. (2) Identify all the major community engagement efforts by the services, commands, installations and other military organizations in the State of Hawaii. (3) Evaluate the current community outreach efforts to identify any outreach gaps or coordination challenges that undermine the military engagement with the local community and elected official in the State of Hawaii. (4) Propose options available to create an enhanced, coordinated community engagement effort in the State of Hawaii based on the department’s evaluation. (5) Resources to support the coordination described in this subsection, including the creation of joint liaison offices that are easily accessible to public officials to facilitate coordinating relations with State and local governmental agencies. 601. Basic needs allowance for members on active service in the Armed Forces (a) In general Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section: 402b. Basic needs allowance for members on active service in the Armed Forces (a) Allowance required The Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c). (b) Eligible members A member on active service in the armed forces is eligible for the allowance under subsection (a) if— (1) the member has completed initial entry training; (2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and (3) the member— (A) is not ineligible for the allowance under subsection (d); and (B) does not elect under subsection (g) not to receive the allowance. (c) Amount of allowance The amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to— (1) (A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus (B) the gross household income of the member during the preceding calendar year; divided by (2) 12. (d) Bases of ineligibility (1) In general The following members are ineligible for the allowance under subsection (a): (A) A member who does not have any dependents. (B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. (2) Household with more than one eligible member In the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. (3) Automatic ineligibility of members receiving certain pay increases A member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). (4) Ineligibility of certain changes in income A member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank. (e) Application by members seeking allowance (1) In general A member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. (2) Timing of submission A member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually. (3) Voluntary submission The submission of an application under paragraph (1) is voluntary. (4) Screening of members for eligibility The Secretary of Defense shall— (A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and (B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). (f) Determinations of eligibility (1) In general The Secretary concerned shall— (A) determine which members of the armed forces are eligible under subsection (b); and (B) notify each such member, in writing, of that determination. (2) Information included in notice The notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible. (g) Election not to receive allowance (1) In general A member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance. (2) Deemed ineligible A member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). (h) Special rule for members stationed outside United States In the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. (i) Regulations Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. (j) Effective period (1) Implementation period The allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (2) Termination The allowance under subsection (a) may not be paid for any month beginning after December 31, 2027. (k) Definitions In this section: (1) Gross household income The term gross household income , with respect to a member of the armed forces, includes— (A) all household income, derived from any source; minus (B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude. (2) Household The term household means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.. (b) Study (1) In general The Secretary of Defense shall conduct a study on food insecurity in the Armed Forces. Results of such study shall include the following elements: (A) An analysis of food deserts that affect members of the Armed Forces, and their families, who live in areas with high costs of living. (B) A comparison of— (i) the current method employed by the Secretary of Defense to determine areas with high costs of living; (ii) local level indicators used by the Bureau of Labor Statistics that indicate buying power and consumer spending in specific geographic areas; (iii) indicators used by the Department of Agriculture in market basket analyses and other measures of local and regional food costs. (C) The feasibility of implementing a web portal for a member of any Armed Force to apply for the allowance under section 402b of title 37, United States Code, added by subsection (a), including— (i) cost; (ii) ease of use; (iii) access; (iv) privacy; and (v) any other factor the Secretary determines appropriate. (D) The development of a process to determine an appropriate allowance to supplement the income of members who suffer food insecurity. (E) Outcomes of forums with beneficiaries, military service organizations, and advocacy groups to elicit information regarding the effects of food insecurity on members and their dependents. The Secretary of Defense and each Secretary of a military department shall conduct at least one such forum, only one of which may be conducted in the National Capital Region. (F) An estimate of costs to implement each recommendation of the Secretary developed pursuant to this paragraph. (G) Any other information the Secretary determines appropriate. (2) Briefing Not later than April 1, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on initial findings of the study. (3) Report Not later than October 1, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of the study. (4) Definitions In this subsection: (A) The term food desert means an area, determined by the Secretary of Defense, where it is difficult to obtain affordable or high-quality fresh food. (B) The term National Capital Region has the meaning given such term in section 2674 of title 10, United States Code. (c) Reports on effects of allowance on food insecurity Not later than December 31, 2025, and June 1, 2028, the Secretary of Defense shall submit to the congressional defense committees a report regarding the effect of the allowance under section 402b of title 37, United States Code, added by subsection (a), on food insecurity among members of the Armed Forces. (d) Clerical amendment The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item: 402b. Basic needs allowance for members on active service in the Armed Forces.. 402b. Basic needs allowance for members on active service in the Armed Forces (a) Allowance required The Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c). (b) Eligible members A member on active service in the armed forces is eligible for the allowance under subsection (a) if— (1) the member has completed initial entry training; (2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and (3) the member— (A) is not ineligible for the allowance under subsection (d); and (B) does not elect under subsection (g) not to receive the allowance. (c) Amount of allowance The amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to— (1) (A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus (B) the gross household income of the member during the preceding calendar year; divided by (2) 12. (d) Bases of ineligibility (1) In general The following members are ineligible for the allowance under subsection (a): (A) A member who does not have any dependents. (B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. (2) Household with more than one eligible member In the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. (3) Automatic ineligibility of members receiving certain pay increases A member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). (4) Ineligibility of certain changes in income A member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank. (e) Application by members seeking allowance (1) In general A member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. (2) Timing of submission A member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually. (3) Voluntary submission The submission of an application under paragraph (1) is voluntary. (4) Screening of members for eligibility The Secretary of Defense shall— (A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and (B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). (f) Determinations of eligibility (1) In general The Secretary concerned shall— (A) determine which members of the armed forces are eligible under subsection (b); and (B) notify each such member, in writing, of that determination. (2) Information included in notice The notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible. (g) Election not to receive allowance (1) In general A member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance. (2) Deemed ineligible A member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). (h) Special rule for members stationed outside United States In the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. (i) Regulations Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. (j) Effective period (1) Implementation period The allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (2) Termination The allowance under subsection (a) may not be paid for any month beginning after December 31, 2027. (k) Definitions In this section: (1) Gross household income The term gross household income , with respect to a member of the armed forces, includes— (A) all household income, derived from any source; minus (B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude. (2) Household The term household means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents. 602. Equal incentive pay for members of the reserve components of the Armed Forces (a) In general Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 357. Incentive pay authorities for members of the reserve components of the armed forces Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.. (b) Technical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 356 the following: 357. Incentive pay authorities for members of the reserve components of the armed forces.. (c) Report Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing— (1) the plan of the Secretary to implement section 357 of such title, as added by subsection (a); (2) an estimate of the costs of such implementation; (3) the number of members described in such section; and (4) any other matter the Secretary determines relevant. (d) Implementation date The Secretary may not implement section 357 of such title, as added by subsection (a) until after— (1) submission of the report under subsection (b); and (2) the Secretary determines and certifies in writing to the Committees on Armed Services of the Senate and House of Representatives that such implementation shall not have a detrimental effect on the force structure of an Armed Force concerned, including with regard to recruiting or retention of members in the regular component of such Armed Force. 357. Incentive pay authorities for members of the reserve components of the armed forces Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills. 603. Expansions of certain travel and transportation authorities (a) Lodging in kind for reserve component members performing training (1) In general Section 12604 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Lodging in kind (1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind. (2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned. (3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses. (4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.. (2) Conforming amendment Section 474 of title 37, United States Code, is amended by striking subsection (i). (b) Mandatory pet quarantine fees for household pets Section 451(b)(8) of title 37, United States Code, is amended by adding at the end the following: Such costs include pet quarantine expenses.. (c) Student dependent transportation (1) In general Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraphs: (18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii). (19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.. (2) Definitions Section 451 of title 37, United States Code, as amended by subsection (b) of this section, is amended— (A) in subsection (a)(2)(H), by adding at the end the following new clauses: (vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States (other than in Alaska or Hawaii). (viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location. ; and (B) in subsection (b), by adding at the end the following new paragraph: (10) (A) The term permanent duty assignment location means— (i) the official station of a member of the uniformed services; or (ii) the residence of a dependent of a member of the uniformed services. (B) As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student.. (d) Dependent transportation incident to ship construction, inactivation, and overhauling (1) In general Section 452 of title 37, United States Code, as amended by subsection (c) of this section, is further amended— (A) in subsection (b), by adding at the end the following new paragraph: (20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction. ; and (B) by adding at the end the following new subsection: (i) Dependent transportation incident to ship construction, inactivation, and overhauling The authority under subsection (a) for travel in connection with circumstances described in subsection (b)(20) shall be subject to the following terms and conditions: (1) The member of the uniformed services must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter. (2) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member’s entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation. (3) The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.. (2) Definitions Section 451(a)(2)(H) of title 37, United States Code, as amended by subsection (c) of this section, is further amended by adding at the end the following new clause: (ix) Transportation of a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.. (e) Technical correction Section 2784a(a)(3) of title 10, United States Code, is amended by striking section 474 and inserting section 452. 604. Repeal of expiring travel and transportation authorities (a) In general Effective December 31, 2021, subchapter III of chapter 8 of title 37, United States Code, is repealed. (b) Clerical amendment The table of sections at the beginning of chapter 8 of such title is amended by striking the items relating to subchapter III and sections 471 through 495. 605. Requirements in connection with suspension of retired pay and retirement annuities (a) Annual eligibility determination procedures Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations a single annual eligibility determination procedure for determinations of eligibility for military retired or retainer pay and survivor annuities in connection with military service as a replacement of the current procedures in connection with the Certificate of Eligibility and Report of Existence for military retirees and annuitants. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on a process by which notifications of the death of a military retiree or annuitant may be determined with respect to the termination of eligibility for benefits. 606. Report on relationship between basic allowance for housing and sizes of military families Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on whether the basic allowance for housing under section 403 of title 37, United States Code, is sufficient for the average family size of members of the Armed Forces, disaggregated by rank and military housing area. 607. Report on certain moving expenses for members of the Armed Forces Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on moving expenses incurred by members of the Armed Forces and their families that exceed such expenses covered by the Joint Travel Regulations for the Uniformed Services, disaggregated by Armed Force, rank, and military housing area. In such report, the Secretary shall examine the root causes of such expenses. 608. Report on temporary lodging expenses in competitive housing markets Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the appropriateness of the maximum payment period of 10 days under subsection (c) of section 474a of title 37, United States Code in highly competitive housing markets. Such report shall include how the Secretary educates members of the Armed Forces and their families about their ability to request payment under such section. 609. Report on rental partnership programs Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the rental partnership programs of the Armed Forces. Such report shall include— (1) the numbers and percentages of members of the Armed Forces who do not live in housing located on military installations who participate in such programs; and (2) the recommendation of the Secretary whether Congress should establish annual funding for such programs and, if so, what in amounts. 611. One-year extension of certain expiring bonus and special pay authorities (a) Authorities relating to reserve forces Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Title 10 authorities relating to health care professionals The following sections of title 10, United States Code, are amended by striking December 31, 2021 and inserting December 31, 2022 : (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Authorities relating to nuclear officers Section 333(i) of title 37, United States Code, is amended by striking December 31, 2021 and inserting December 31, 2022. (d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 2021 and inserting December 31, 2022 : (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (e) Authority to provide temporary increase in rates of basic allowance for housing Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2021 and inserting December 31, 2022. 621. Extension of paid parental leave (a) In general Section 701 of title 10, United States Code, is amended— (1) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (A), by striking a member and all that follows through the period at the end and inserting the following: a member of the armed forces described in paragraph (2) is allowed up to a total of 12 weeks of parental leave during the one-year period beginning after the following events: (i) The birth or adoption of a child of the member and in order to care for such child. (ii) The placement of a minor child with the member for adoption or long-term foster care. ; and (ii) by striking subparagraph (B) and inserting the following: (B) (i) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) to be taken after the one-year period described in such paragraph in the case of a member described in paragraph (2) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of— (I) operational requirements; (II) professional military education obligations; or (III) other circumstances that the Secretary determines reasonable and appropriate. (ii) The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline. ; (B) by striking paragraphs (3), (8), and (10) and redesignating paragraphs (4), (5), (6), (7), and (9) as paragraphs (3), (4), (5), (6), and (7), respectively; (C) in paragraph (3), as redesignated by subparagraph (B), by striking the matter preceding the em dash and inserting A member who has given birth may receive medical convalescent leave in conjunction with such birth. Medical convalescent leave in excess of the leave under paragraph (1) may be authorized if such additional medical convalescent leave ; (D) in paragraph (4), as so redesignated, by striking paragraphs (1) and (4) and inserting paragraphs (1) and (3) ; (E) in paragraph (5)(A), as so redesignated, by inserting , subject to the exceptions in paragraph (1)(B)(ii) after shall be forfeited ; and (F) in paragraph (7)(B), as so redesignated, by striking paragraph (4) and inserting paragraph (3) ; (2) by striking subsection (j) and redesignating subsections (k) and (l) as subsections (j) and (k), respectively; and (3) by adding at the end the following new subsection (l): (l) A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and— (1) at the election of such member; or (2) in the interest of national security, as determined by the Secretary of Defense.. (b) Effective date The amendments made by subsection (a) shall take effect one year after the date of the enactment of this Act. (c) Regulations Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the amendments made by subsection (a). (d) Reporting Not later than January 1, 2023, and annually thereafter, each Secretary of a military department shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report regarding the use, during the preceding fiscal year, of leave under subsections (i) and (j) of section 701 of such title, as amended by subsection (a), disaggregated by births, adoptions, and foster placements, including the number of members of the Armed Forces who— (1) used the maximum amount of primary caregiver leave; and (2) used leave in multiple increments. 622. Bereavement leave for members of the Armed Forces (a) In general Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection: (m) (1) (A) Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subparagraph (B) is allowed up to two weeks of leave to be used in connection with the death of an immediate family member. (B) Subparagraph (A) applies to the following members: (A) A member on active duty. (B) A member of a reserve component performing active Guard and Reserve duty. (C) A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months. (2) Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) shall not have his or her leave account reduced as a result of taking such leave if such member’s accrued leave is fewer than 30 days. Members with 30 or more days of accrued leave shall be charged for bereavement leave until such point that the member’s accrued leave is less than 30 days. Any remaining bereavement leave taken by such member in accordance with paragraph (1) after such point shall not be chargeable to the member. (3) In this section, the term immediate family member , with respect to a member of the armed forces, means— (A) the member's spouse; or (B) a child of the member.. (b) Effective date The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. 623. Travel and transportation allowances for family members to attend the funeral and memorial services of members Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: (18) Presence of family members at the funeral and memorial services of members.. 624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care Section 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by inserting (1) before The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate.. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States (a) In general The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the authority under subsection (b) to hire spouses of members of the uniformed services at locations outside the United States. (b) Authority In carrying out the pilot program under this section, the Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such chapter), a spouse of a member of the uniformed services stationed at a duty location outside the United States to a position described in subsection (c) if— (1) the spouse has been authorized to accompany the member to the duty location at Government expense; and (2) the duty location is within reasonable commuting distance, as determined by the Secretary concerned, of the location of the position. (c) Position described A position described in this subsection is a competitive service position within the Department of Defense that is located outside the United States. (d) Term of appointment (1) In general An appointment made under this section shall be for a term not exceeding two years. (2) Renewal The Secretary of Defense may renew an appointment made under this section for not more than two additional terms, each not exceeding two years. (3) Termination An appointment made under this section shall terminate on the date on which the member of the uniformed services relocates back to the United States in connection with a permanent change of station. (e) Payment of travel and transportation allowances Nothing in this section may be construed to authorize additional travel or transportation allowances in connection with an appointment made under this section. (f) Relationship to other law Nothing in this section may be construed to interfere with— (1) the authority of the President under section 3304 of title 5, United States Code; (2) the authority of the President under section 1784 of title 10, United States Code; (3) the ability of the head of an agency to make noncompetitive appointments pursuant to section 3330d of title 5, United States Code; or (4) any obligation under any applicable treaty, status of forces agreement, or other international agreement between the United States Government and the government of the country in which the position is located. (g) Reports required (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the following: (A) The number of individuals appointed under this section. (B) The position series and grade to which each individual described in subparagraph (A) was appointed. (C) Demographic data on the individuals described in subparagraph (A), including with respect to race, gender, age, and education level attained. (D) Data on the members of the uniformed services whose spouses have been appointed under this section, including the rank of each such member. (E) Such recommendations for legislative or administrative action as the Secretary considers appropriate relating to continuing or expanding the pilot program. (2) Final report Not later than December 31, 2026, the Secretary shall submit to the appropriate committees of Congress a final report setting forth the information under paragraph (1). (h) Termination The pilot program under this section shall terminate on December 31, 2026. (i) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives. (2) Secretary concerned The term Secretary concerned — (A) has the meaning given the term in section 101(a)(9) of title 10, United States Code; and (B) includes— (i) the Secretary of Commerce, with respect to matters concerning the commissioned officer corps of the National Oceanic and Atmospheric Administration; and (ii) the Secretary of Health and Human Services, with respect to matters concerning the commissioned corps of the Public Health Service. (3) Uniformed Services The term uniformed services has the meaning given the term in section 101(a)(5) of title 10, United States Code. (4) United States The term United States has the meaning given that term in section 101(a)(1) of title 10, United States Code. 626. Casualty assistance program: reform; establishment of working group (a) Casualty Assistance Reform Working Group (1) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the Casualty Assistance Reform Working Group (in this section referred to as the Working Group ). (2) Duties The Working Group shall perform the following duties: (A) Create standards and training for CAOs across the military departments. (B) Explore the possibility of establishing a unique badge designation for— (i) CAOs who have performed CAO duty more than five times; or (ii) professional CAOs. (C) Examine the current workflow of casualty affairs support across the military departments, including administrative processes and survivor engagements. (D) Perform a gap analysis and solution document that clearly identifies and prioritizes critical changes to modernize and professionalize the casualty experience for survivors. (E) Review the organization of the Office of Casualty, Mortuary Affairs and Military Funeral Honors to ensure it is positioned to coordinate policy and assist in all matters under its jurisdiction, across the Armed Forces, including any potential intersections with the Defense Prisoner of War and Missing in Action Accounting Agency. (F) Explore the establishment of— (i) an annual meeting, led by the Secretary of Defense, with gold star families; and (ii) a surviving and gold star family leadership council. (G) Recommend improvements to the family notification process of Arlington National Cemetery. (H) Explore the redesign of the Days Ahead Binder, including creating an electronic version. (I) Consider the expansion of the DD Form 93 to include more details regarding the last wishes of the deceased member. (J) Assess coordination between the Department of Defense and the Office of Survivors Assistance of the Department of Veterans Affairs. (3) Membership The membership of the Working Group shall be composed of the following: (A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as Chair of the Working Group. (B) At least one person furnished with a gold star lapel button under section 1126 of title 10, United States Code, by each Secretary of a military department. (C) Other members of the Armed Forces or civilian employees of the Department of Defense, appointed by the Secretary of Defense, based on knowledge of, and experience with, matters described in paragraph (2). (4) Report Not later than September 30, 2022, the Working Group shall submit to the Secretary of Defense a report containing the determinations and recommendations of the Working Group. (5) Termination The Working Group shall terminate upon submission of the report under paragraph (4). (b) Report required Not later than November 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the casualty assistance officer program, including the report of the Working Group. (c) Establishment of certain definitions Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall publish an interim rule that establishes standard definitions, for use across the military departments, of the terms gold star family and gold star survivor. (d) CAO defined In this section, the term CAO means a casualty assistance officer of the Armed Forces. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores Section 2484(h) of title 10, United States Code, is amended— (1) in paragraph (5), by adding at the end the following new subparagraphs: (F) Amounts made available for any purpose set forth in paragraph (1) pursuant to an agreement with a host nation. (G) Amounts appropriated for repair or reconstruction of a commissary store in response to a disaster or emergency. ; and (2) by adding at the end the following new paragraph: (6) Revenues made available under paragraph (5) for the purposes set forth in paragraphs (1), (2), and (3) may be supplemented with additional funds derived from— (A) improved management practices implemented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; and (B) the variable pricing program implemented pursuant to subsection (i).. 641. Alexander Lofgren Veterans in Parks program Section 805 of the Federal Lands Recreation Enhancement Act ( Public Law 108–447 ; 118 Stat. 3385; 16 U.S.C. 6804 ) is amended— (1) in subsection (a)(4), by striking age and disability discounted and inserting age discount and lifetime ; and (2) in subsection (b)— (A) in the heading, by striking Discounted and inserting Free and discounted ; (B) in paragraph (2)— (i) in the heading, by striking Disability discount and inserting Lifetime passes ; and (ii) by striking subparagraph (B) and inserting the following: (B) Any veteran who provides adequate proof of military service as determined by the Secretary. (C) Any member of a Gold Star Family who meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction). ; and (C) in paragraph (3)— (i) in the heading, by striking Gold star families parks pass and inserting Annual passes ; and (ii) by striking members of and all that follows through the end of the sentence and inserting members of the Armed Forces and their dependents who provide adequate proof of eligibility for such pass as determined by the Secretary.. 701. Eating disorders treatment for certain members of the Armed Forces and dependents (a) Eating disorders treatment for certain dependents Section 1079 of title 10, United States Code, is amended— (1) in subsection (a), by adding at the end the following new paragraph: (18) Treatment for eating disorders may be provided in accordance with subsection (r). ; and (2) by adding at the end the following new subsection: (r) (1) The provision of health care services for an eating disorder under subsection (a)(18) may include the following services: (A) Outpatient services for in-person or telehealth care, including partial hospitalization services and intensive outpatient services. (B) Inpatient services, which shall include residential services only if medically indicated for treatment of a primary diagnosis of an eating disorder. (2) A dependent provided health care services for an eating disorder under subsection (a)(18) shall be provided such services without regard to— (A) the age of the dependent, except with respect to residential services under paragraph (1)(B), which may be provided only to a dependent who is not eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ); and (B) except as otherwise specified in paragraph (1)(B), whether the eating disorder is the primary or secondary diagnosis of the dependent. (3) In this section, the term eating disorder has the meaning given the term feeding and eating disorders in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.. (b) Limitation with respect to retirees (1) In general Section 1086(a) of title 10, United States Code, is amended by inserting and (except as provided in subsection (i)) treatments for eating disorders after eye examinations. (2) Exception Such section is further amended by adding at the end the following new subsection: (i) If, prior to October 1, 2022, a category of persons covered by this section was eligible to receive a specific type of treatment for eating disorders under a plan contracted for under subsection (a), the general prohibition on the provision of treatments for eating disorders specified in such subsection shall not apply with respect to the provision of the specific type of treatment to such category of persons.. (c) Identification and treatment of eating disorders for members of the Armed Forces (1) In general Chapter 55 of title 10, United States Code, is amended by— (A) redesignating section 1090a as section 1090b; and (B) inserting after section 1090 the following new section: 1090a. Identifying and treating eating disorders. (a) Identification, treatment, and rehabilitation The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. (b) Facilities available (1) In this section, the term necessary facilities includes facilities that provide the services specified in section 1079(r)(1) of this title. (2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder. (c) Eating disorder defined In this section, the term eating disorder has the meaning given that term in section 1079(r) of this title.. (2) Clerical amendment The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1090a and inserting the following new items: 1090a. Identifying and treating eating disorders. 1090b. Commanding officer and supervisor referrals of members for mental health evaluations.. (d) Effective date The amendments made by this section shall take effect on October 1, 2022. 1090a. Identifying and treating eating disorders. (a) Identification, treatment, and rehabilitation The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. (b) Facilities available (1) In this section, the term necessary facilities includes facilities that provide the services specified in section 1079(r)(1) of this title. (2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder. (c) Eating disorder defined In this section, the term eating disorder has the meaning given that term in section 1079(r) of this title. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program Section 1079(a) of title 10, United States Code, as amended by section 701 , is further amended by adding at the end the following new paragraph: (19) Preconception and prenatal carrier screening tests shall be provided to eligible covered beneficiaries, with a limit per beneficiary of one test per condition per lifetime, for the following conditions: (A) Cystic Fibrosis. (B) Spinal Muscular Atrophy. (C) Fragile X Syndrome. (D) Tay-Sachs Disease. (E) Hemoglobinopathies. (F) Conditions linked with Ashkenazi Jewish descent.. 703. Revisions to TRICARE provider networks (a) TRICARE Select Section 1075 of title 10, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): (h) Authority for multiple networks in the same geographic area (1) The Secretary may establish a system of multiple networks of providers under TRICARE Select in the same geographic area or areas. (2) Under a system established under paragraph (1), the Secretary may— (A) require a covered beneficiary enrolling in TRICARE Select to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Select provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program; and (B) include beneficiaries covered by subsection (c)(2).. (b) TRICARE Prime Section 1097a of such title is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Authority for multiple networks in the same geographic area (1) The Secretary may establish a system of multiple networks of providers under TRICARE Prime in the same geographic area or areas. (2) Under a system established under paragraph (1), the Secretary may require a covered beneficiary enrolling in TRICARE Prime to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Prime provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program.. 704. Self-initiated referral process for mental health evaluations of members of the Armed Forces Section 1090a of title 10, United States Code, is amended— (1) in subsection (c), by inserting or is required to make such a referral pursuant to the process described in subsection (e)(1)(A) after mental health evaluation ; (2) by redesignating subsection (e) as subsection (g); and (3) by inserting after subsection (d) the following new subsections: (e) Self-initiated referral process (1) The regulations required by subsection (a) shall, with respect to a member of the armed forces— (A) provide for a self-initiated process that enables the member to trigger a referral for a mental health evaluation by requesting such a referral from a commanding officer or supervisor who is in a grade above E-5; (B) ensure the function of the process described in subparagraph (A) by— (i) requiring the commanding officer or supervisor of the member to refer the member to a mental health provider for a mental health evaluation as soon as practicable following the request of the member (including by providing to the mental health provider the name and contact information of the member and providing to the member the date, time, and place of the scheduled mental health evaluation); and (ii) ensure the member may request a referral pursuant to subparagraph (A) on any basis (including on the basis of a concern relating to fitness for duty, occupational requirements, safety issues, significant changes in performance, or behavioral changes that may be attributable to possible changes in mental status); and (C) ensure that the process described in subparagraph (A)— (i) reduces stigma in accordance with subsection (b), including by treating referrals for mental health evaluations made pursuant to such process in a manner similar to referrals for other medical services, to the maximum extent practicable; and (ii) protects the confidentiality of the member to the maximum extent practicable, in accordance with requirements for the confidentiality of health information under the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ) and applicable privacy laws. (2) In making a referral for an evaluation of a member of the armed forces triggered by a request made pursuant to the process described in paragraph (1)(A), if the member has made such a request on the basis of a concern that the member is a potential or imminent danger to self or others, the commanding officer or supervisor of the member shall observe the following principles: (A) With respect to safety, if the commander or supervisor determines the member is exhibiting dangerous behavior, the first priority of the commander or supervisor shall be to ensure that precautions are taken to protect the safety of the member, and others, prior to the arrival of the member at the location of the evaluation. (B) With respect to communication, prior to such arrival, the commander or supervisor shall communicate to the provider to which the member is being referred (in a manner and to an extent consistent with paragraph (1)(C)(ii)), information on the circumstances and observations that led to— (i) the member requesting the referral; and (ii) the commander or supervisor making such referral based on the request. (f) Annual training requirement On an annual basis, each Secretary concerned shall provide to the members of the Armed Forces under the jurisdiction of such Secretary a training on how to recognize personnel who may require mental health evaluations on the basis of the individual being an imminent danger to self or others, as demonstrated by the behavior or apparent mental state of the individual.. 705. Modifications to pilot program on health care assistance system Section 731(d) of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 1075 note) is amended— (1) in the matter preceding paragraph (1), by striking January 1, 2021 and inserting November 1, 2022 ; (2) in paragraph (1), by striking ; and and inserting a semicolon; (3) in paragraph (2), by striking the period and inserting ; and ; and (4) by adding at the end the following new paragraph: (3) input from covered beneficiaries who have participated in the pilot program regarding their satisfaction with, and any benefits attained from, such participation.. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program Section 706 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a)(1), by striking may carry out and inserting shall carry out ; (2) in subsection (b), by striking March 1, 2021 and inserting March 1, 2022 ; (3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; (4) by inserting after subsection (d) the following new subsection (e): (e) Reimbursement If the Secretary carries out the pilot program under subsection (a)(1), reimbursement of retail pharmacies for medication under the pilot program may not exceed the amount of reimbursement paid to the national mail-order pharmacy program under section 1074g of title 10, United States Code, for the same medication, after consideration of all manufacturer discounts, refunds, rebates, pharmacy transaction fees, and other costs. ; and (5) in subsection (f), as redesignated by paragraph (3)— (A) by striking paragraph (1) and inserting the following new paragraph (1): (1) Briefing Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the pilot program under subsection (a)(1) or on the determination of the Secretary under subsection (a)(2) that the Secretary is not permitted to carry out the pilot program. ; and (B) in paragraph (3)(A), by striking March 1, 2024 and inserting March 1, 2025. 707. Improvement of postpartum care for members of the Armed Forces and dependents (a) Clinical practice guidelines for postpartum care in military medical treatment facilities Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish clinical practice guidelines for the provision of postpartum care in military medical treatment facilities. Such guidelines shall take into account the recommendations of established professional medical associations and address the following matters: (1) Postpartum mental health assessments, including the appropriate intervals for furnishing such assessments and screening questions for such assessments (including questions relating to postpartum anxiety and postpartum depression). (2) Pelvic health evaluation and treatment, including the appropriate timing for furnishing a medical evaluation for pelvic health, considerations for providing consultations for physical therapy for pelvic health (including pelvic floor health), and the appropriate use of telehealth services. (3) Pelvic health rehabilitation services. (4) Obstetric hemorrhage treatment, including through the use of pathogen reduced resuscitative products. (b) Policy on scheduling of appointments for postpartum health care services (1) Policy required Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a policy for the scheduling of appointments for postpartum health care services in military medical treatment facilities. In developing the policy, the Secretary shall consider the extent to which it is appropriate to facilitate concurrent scheduling of appointments for postpartum care with appointments for well-baby care. (2) Pilot program authorized The Secretary may carry out a pilot program in one or more military medical treatment facilities to evaluate the effect of concurrent scheduling, to the degree clinically appropriate, of the appointments specified in paragraph (1). (c) Policy on postpartum physical fitness tests and body composition assessments Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a policy, which shall be standardized across each Armed Force to the extent practicable, for the time periods after giving birth that a member of the Armed Forces (including the reserve components) may be excused from, or provided an alternative to, a physical fitness test or a body composition assessment. (d) Briefing Not later than 270 days after the date of enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the requirements under this section. 711. Modification of certain Defense Health Agency organization requirements Section 1073c(c)(5) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting paragraph (3) or (4). 712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development (a) Consultations required Section 1073c of title 10, United States Code, as amended by section 711 , is further amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: (f) Consultations on medical research of military departments In establishing the Defense Health Agency Research and Development pursuant to subsection (e)(1), and on a basis that is not less frequent than semiannually thereafter, the Secretary of Defense shall carry out recurring consultations with each military department regarding the plans and requirements for military medical research organizations and activities of the military department.. (b) Requirements for consultations The Secretary of Defense shall ensure that consultations are carried out under section 1073c(f) of title 10, United States Code (as added by subsection (a)), to include the plans of each military department to ensure a comprehensive transition of any military medical research organizations of the military department with respect to the establishment of the Defense Health Agency Research and Development. (c) Deadline for initial consultations Initial consultations shall be carried out under section 1073c(f) of title 10, United States Code (as added by subsection (a)), with each military department by not later than March 1, 2022. 713. Authorization of program to prevent fraud and abuse in the military health system (a) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1073e the following new section: 1073f. Health care fraud and abuse prevention program (a) Program authorized (1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense. (2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency. (3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General. (b) Civil monetary penalties (1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a). (2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed— (A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and (B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d). (c) Interagency agreements The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a). (d) Rule of construction Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law. (e) Fraud and abuse defined In this section, the term fraud and abuse means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ).. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1073e the following new item: 1073f. Health care fraud and abuse prevention program.. 1073f. Health care fraud and abuse prevention program (a) Program authorized (1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense. (2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency. (3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General. (b) Civil monetary penalties (1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a). (2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed— (A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and (B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d). (c) Interagency agreements The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a). (d) Rule of construction Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law. (e) Fraud and abuse defined In this section, the term fraud and abuse means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ). 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities (a) Authority of Secretary of Defense (1) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1104 the following new section: 1104a. Shared medical facilities with Department of Veterans Affairs (a) Agreements Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Defense (1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identified for transfer. (B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) Transfer of funds to Secretary of Defense (1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred Any amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.. (2) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1104 the following new item: 1104a. Shared medical facilities with Department of Veterans Affairs.. (b) Authority of Secretary of Veterans Affairs (1) In general Chapter 81 of title 38, United States Code, is amended by inserting after section 8111A the following new section: 8111B. Shared medical facilities with Department of Defense (a) Agreements The Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Veterans Affairs (1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (c) Transfer of funds to Secretary of Veterans Affairs (1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (d) Merger of amounts transferred Any amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.. (2) Clerical amendment The table of sections at the beginning of subchapter I of chapter 81 of such title is amended by inserting after the item relating to section 8111A the following new item: 8111B. Shared medical facilities with Department of Defense.. 1104a. Shared medical facilities with Department of Veterans Affairs (a) Agreements Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Defense (1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identified for transfer. (B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) Transfer of funds to Secretary of Defense (1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred Any amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. 8111B. Shared medical facilities with Department of Defense (a) Agreements The Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Veterans Affairs (1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (c) Transfer of funds to Secretary of Veterans Affairs (1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (d) Merger of amounts transferred Any amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. 715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2567), as most recently amended by section 743 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking September 30, 2022 and inserting September 30, 2023. 716. Establishment of Department of Defense system to track and record information on vaccine administration (a) Establishment of system Section 1110 of title 10, United States Code, is amended— (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (2) by inserting after the heading the following new subsection: (a) Overall system to track and record vaccine information (1) The Secretary of Defense, in consultation with the Director of the Defense Health Agency and in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information: (A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department. (B) Any adverse reaction of the member related to such vaccine. (C) Each refusal by such a member of any vaccine that is being so administered, including vaccines licensed by the Food and Drug Administration under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) and vaccines otherwise approved or authorized. (D) Each refusal by such a member of a vaccine on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ). (E) Each refusal by such a member of an investigational new drug or a drug unapproved for its applied use that is being administered pursuant to a request or requirement of the Secretary of Defense and with respect to which the President has granted a waiver of the prior consent requirement pursuant to section 1107(f)(1) of this title. (2) In carrying out paragraph (1), the Secretary of Defense shall ensure that— (A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the information specified in such paragraph with respect to the member; (B) any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member; and (C) the system established under such paragraph is interoperable and compatible with the electronic health record system known as MHS GENESIS , or such successor system.. (b) Conforming amendments Such section is further amended— (1) in the heading, by striking Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions and inserting System for tracking and recording vaccine information; anthrax vaccine immunization program ; (2) in subsection (b), as redesignated by subsection (a)(1)— (A) in the heading, by inserting from anthrax vaccine immunization program after exemptions ; and (B) by striking Secretary of Defense and inserting Secretary ; and (3) in the heading of subsection (c), as redesignated by subsection (a)(1), by inserting to anthrax vaccine after reactions. (c) Clerical amendment The table of sections for chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1110 and inserting the following new item: 1110. System for tracking and recording vaccine information; anthrax vaccine immunization program.. (d) Deadline for establishment of system The Secretary of Defense shall establish the system under section 1110 of title 10, United States Code, as added by subsection (a), by not later than January 1, 2023. (e) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the administration of vaccines to members of the Armed Forces under the jurisdiction of the Secretary of a military department and on the status of establishing the system under section 1110(a) of title 10, United States Code (as added by subsection (a)). Such report shall include information on the following: (1) The process by which such members receive vaccines, and the process by which the Secretary tracks, records, and reports on, vaccines received by such members (including with respect to any transfers by a non-Department provider to the Department of vaccination records or other medical information of the member related to the administration of vaccines by the non-Department provider). (2) The storage of information related to the administration of vaccines in the electronic health records of such members, and the cyber protections involved in such storage, as required under such section 1110(a)(2) of title 10, United States Code. (3) The general process by which medical information of beneficiaries under the TRICARE program is collected, tracked, and recorded, including the process by which medical information from providers contracted by the Department or from a State or local department of health is transferred to the Department and associated with records maintained by the Secretary. (4) Any gaps or challenges relating to the vaccine administration process of the Department and any legislative or budgetary recommendations to address such gaps or challenges. (f) Definitions In this section: (1) The term military departments has the meaning given such term in section 101 of title 10, United States Code. (2) The term TRICARE program has the meaning given such term in section 1072 of such title. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components Section 1145(a)(5) of title 10, United States Code is amended— (1) in subparagraph (A), by striking The Secretary and inserting Except as provided in subparagraph (D), the Secretary ; and (2) by adding at the end the following new subparagraph: (D) The requirement for a physical examination and mental health assessment under subparagraph (A) shall not apply with respect to a member of a reserve component described in paragraph (2)(B) unless the member is retiring, or being discharged or dismissed, from the armed forces.. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees Section 2114(h) of title 10, United States Code, is amended— (1) by striking The Secretary of Defense and inserting (1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs, ; and (2) by adding at the end the following new paragraph: (2) (A) A covered employee whose employment or service with the Department of Veterans Affairs, Public Health Service, or Coast Guard (as applicable) is in a position relevant to national security or health sciences may receive instruction at the University within the scope of such employment or service. (B) If a covered employee receives instruction at the University pursuant to subparagraph (A), the head of the Federal agency concerned shall reimburse the University for the cost of providing such instruction to the covered employee. Amounts received by the University under this subparagraph shall be retained by the University to defray the costs of such instruction. (C) Notwithstanding subsections (b) through (e) and subsection (i), the head of the Federal agency concerned shall determine the service obligations of the covered employee receiving instruction at the University pursuant to subparagraph (A) in accordance with applicable law. (D) In this paragraph— (i) the term covered employee means an employee of the Department of Veterans Affairs, a civilian employee of the Public Health Service, a member of the commissioned corps of the Public Health Service, a member of the Coast Guard, or a civilian employee of the Coast Guard; and (ii) the term head of the Federal agency concerned means the head of the Federal agency that employs, or has jurisdiction over the uniformed service of, a covered employee permitted to receive instruction at the University under subparagraph (A) in the relevant position described in such subparagraph.. 719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs Section 729 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1073 note) is amended— (1) in subsection (a)(1), by striking in the previous year ; (2) in subsection (b), by striking in the previous year ; and (3) in subsection (c), by striking in the previous year. 720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines (a) Standards The Secretary of Defense shall establish uniform standards under which covered members may be exempted from receiving an otherwise mandated COVID–19 vaccine for administrative, medical, or religious reasons. (b) Definitions In this section: (1) The term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department. (2) The term COVID–19 vaccine means any vaccine for the coronavirus disease 2019 (COVID–19), including any subsequent booster shot for COVID–19. 721. Establishment of centers of excellence for enhanced treatment of ocular injuries (a) In general Not later than October 1, 2023, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall establish within the Defense Health Agency not fewer than four regional centers of excellence for the enhanced treatment of— (1) ocular wounds or injuries; and (2) vision dysfunction related to traumatic brain injury. (b) Location of centers Each center of excellence established under subsection (a) shall be located at a military medical center that provides graduate medical education in ophthalmology and related subspecialties and shall be the primary center for providing specialized medical services for vision for members of the Armed Forces in the region in which the center of excellence is located. (c) Policies for referral of beneficiaries Not later than October 1, 2023, the Director of the Defense Health Agency shall publish on a publicly available internet website of the Department of Defense policies for the referral of eligible beneficiaries of the Department to centers of excellence established under subsection (a) for evaluation and treatment. (d) Identification of medical personnel billets and staffing The Secretary of each military department, in conjunction with the Joint Staff Surgeon and the Director of the Defense Health Agency, shall identify specific medical personnel billets essential for the evaluation and treatment of ocular sensory injuries and ensure that centers of excellence established under subsection (a) are staffed with such personnel at the level required for the enduring medical support of each such center. (e) Briefing Not later than December 31, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that— (1) describes the establishment of each center of excellence established under subsection (a), to include the location, capability, and capacity of each such center; (2) describes the referral policy published by the Defense Health Agency under subsection (c); (3) identifies the medical personnel billets identified under subsection (d); and (4) provides a plan for the staffing of personnel at such centers to ensure the enduring medical support of each such center. (f) Military medical center defined In this section, the term military medical center means a medical center described in section 1073d(b) of title 10, United States Code. 722. Implementation of integrated product for management of population health across military health system (a) Integrated product The Secretary of Defense shall develop and implement an integrated product for the management of population health across the military health system. Such integrated product shall serve as a repository for the health care, demographic, and other relevant data of all covered beneficiaries, including with respect to data on health care services furnished to such beneficiaries through the purchased care and direct care components of the TRICARE program, and shall— (1) be compatible with the electronic health record system maintained by the Secretary for members of the Armed Forces; (2) enable the collection and stratification of data from multiple sources to measure population health goals, facilitate disease management programs of the Department, improve patient education, and integrate wellness services across the military health system; and (3) enable predictive modeling to improve health outcomes for patients and to facilitate the identification and correction of medical errors in the treatment of patients, issues regarding the quality of health care services provided, and gaps in health care coverage. (b) Considerations in development In developing the integrated product under subsection (a), the Secretary shall harmonize such development with any policies of the Department relating to a digital health strategy (including the digital health strategy under section 723 ), coordinate with improvements to the electronic health record system specified in subsection (a)(1) to ensure the compatibility required under such subsection, and consider methods to improve beneficiary interface. (c) Definitions In this section: (1) The terms covered beneficiary and TRICARE program have the meanings given such terms in section 1072 of title 10, United States Code. (2) The term integrated product means an electronic system of systems (or solutions or products) that provides for the integration and sharing of data to meet the needs of an end user in a timely and cost-effective manner. 723. Digital health strategy of Department of Defense (a) Digital health strategy (1) Strategy Not later than April 1, 2022, the Secretary of Defense shall develop a digital health strategy of the Department of Defense to incorporate new and emerging technologies and methods (including three-dimensional printing, virtual reality, wearable devices, big data and predictive analytics, distributed ledger technologies, and other innovative methods that leverage new or emerging technologies) in the provision of clinical care within the military health system. (2) Elements The strategy under paragraph (1) shall address, with respect to future use within the military health system, the following: (A) Emerging technology to improve the delivery of clinical care and health services. (B) Emerging technology to improve the patient experience in matters relating to medical case management, appointing, and referrals in both the direct care and purchased care components of the TRICARE program, as such term is defined in section 1072 of title 10, United States Code. (C) Design thinking to improve the delivery of clinical care and health services. (D) Advanced clinical decision support systems. (E) Simulation technologies for clinical training (including through simulation immersive training) and clinical education, and for the training of health care personnel in the adoption of emerging technologies for clinical care delivery. (F) Wearable devices. (G) Three-dimensional printing and related technologies. (H) Data-driven decision making, including through the use of big data and predictive analytics, in the delivery of clinical care and health services. (b) Briefing Not later than July 1, 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing setting forth— (1) the strategy under subsection (a); and (2) a plan to implement such strategy, including the estimated timeline and cost for such implementation. 724. Development and update of certain policies relating to military health system and integrated medical operations (a) In general By not later than October 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop and update certain policies relating to the military health system and integrated medical operations of the Department of Defense as follows: (1) Updated plan on integrated medical operations in continental United States The Secretary of Defense shall develop an updated plan on integrated medical operations in the continental United States and update the Department of Defense Instruction 6010.22, titled National Disaster Medical System (NDMS) (or such successor instruction) accordingly. Such updated plan shall— (A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817); (B) include an updated bed plan, to include bed space available through the military health system and through hospitals participating in the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ); (C) include a determination as to whether combat casualties should receive medical care under the direct care or purchased care component of the military health system and a risk analysis in support of such determination; (D) identify the manning levels required to furnish medical care under the updated plan, including with respect to the levels of military personnel, civilian employees of the Department, and contractors of the Department; and (E) include a cost estimate for the furnishment of such medical care. (2) Updated plan on global patient movement The Secretary of Defense shall develop an updated plan on global patient movement and update the Department of Defense Instruction 5154.06, relating to medical military treatment facilities and patient movement (or such successor instruction) accordingly. Such updated plan shall— (A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817); (B) include a risk assessment with respect to patient movement compared against overall operational plans; (C) include a description of any capabilities-based assessment of the Department that informed the updated plan or that was in progress during the time period in which the updated plan was developed; (D) identify the manning levels, equipment and consumables, and funding levels, required to carry out the updated plan; and (E) address airlift capability, medical evacuation capability, and access to ports of embarkation. (3) Assessment of biosurveillance and medical research capabilities The Secretary of Defense shall conduct an assessment of the biosurveillance and medical research capabilities of the Department of Defense. Such assessment shall include the following: (A) An identification of the location and strategic value of the overseas medical laboratories and overseas medical research programs of the Department. (B) An assessment of the current capabilities of such laboratories and programs with respect to force health protection and evidence-based medical research. (C) A determination as to whether such laboratories and programs have the capabilities, including as a result of the geographic location of such laboratories and programs, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces. (D) The current biosurveillance and medical research capabilities of the Department. (E) The current manning levels of the biosurveillance and medical research entities of the Department, including an assessment of whether such entities are manned at a level necessary to support the missions of the combatant commands (including with respect to missions related to pandemic influenza or homeland defense). (F) The current funding levels of such entities, including a risk assessment as to whether such funding is sufficient to sustain the manning levels necessary to support missions as specified in subparagraph (E). (b) Interim briefing Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the progress of implementation of the plans and assessment required under subsection (a). (c) Report Not later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing each updated plan and assessment required under subsection (a). 725. Mandatory training on health effects of burn pits The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits. 726. Standardization of definitions used by the Department of Defense for terms related to suicide (a) Standardization of definitions Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop standardized definitions for the following terms: (1) Suicide. (2) Suicide attempt. (3) Suicidal ideation. (b) Required use of standardized definitions Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue policy guidance requiring the exclusive and uniform use across the Department of Defense and within each military department of the standardized definitions developed under subsection (a) for the terms specified in such subsection. (c) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that sets forth the standardized definitions developed under subsection (a) and includes— (1) a description of the process that was used to develop such definitions; (2) a description of the methods by which data shall be collected on suicide, suicide attempts, and suicidal ideations (as those terms are defined pursuant to such definitions) in a standardized format across the Department and within each military department; and (3) an implementation plan to ensure the use of such definitions as required pursuant to subsection (b). 731. Modifications and reports related to military medical manning and medical billets (a) Military medical manning and medical billets (1) Modifications to limitation on reduction or realignment Section 719 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1454), as amended by section 717 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (A) in subsection (a), by striking 180 days following the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and inserting the year following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; and (B) in subsection (b)(1), by inserting , including any billet validation requirements determined pursuant to estimates provided in the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), after requirements of the military department of the Secretary. (2) GAO report on reduction or realignment of military medical manning and medical billets (A) Report Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the analyses used to support any reduction or realignment of military medical manning, including any reduction or realignment of medical billets of the military departments. (B) Elements The report under subparagraph (A) shall include the following: (i) An analysis of the use of the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817) and wartime scenarios to determine military medical manpower requirements, including with respect to pandemic influenza and homeland defense missions. (ii) An assessment of whether the Secretaries of the military departments have used the processes under section 719(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1454) to ensure that a sufficient combination of skills, specialties, and occupations are validated and filled prior to the transfer of any medical billets of a military department to fill other military medical manpower needs. (iii) An assessment of the effect of the reduction or realignment of such billets on local health care networks and whether the Director of the Defense Health Agency has conducted such an assessment in coordination with the Secretaries of the military departments. (b) Assignment of medical and dental personnel of the military departments to military medical treatment facilities (1) Deadline for assignment The Secretaries of the military departments shall ensure that the Surgeons General of the Armed Forces carry out fully the requirements of section 712(b)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1073c note) by not later than September 30, 2022. (2) Additional requirement for Walter Reed National Military Medical Center (A) Assignment of military personnel For fiscal years 2023 through 2027, except as provided in subparagraph (B), the Secretary of Defense shall ensure that the Secretaries of the military departments assign to the Walter Reed National Military Medical Center sufficient military personnel to meet not less than 85 percent of the joint table of distribution in effect for such facility on December 23, 2016. (B) Exception Subparagraph (A) shall not apply to any fiscal year for which the Secretary of Defense certifies at the beginning of such fiscal year to the Committees on Armed Services of the Senate and the House of Representatives that notwithstanding the failure to meet the requirement under such paragraph, the Walter Reed National Military Medical Center is fully capable of carrying out all significant activities as the premier medical center of the military health system. (3) Reports (A) In general Not later than September 30, 2022, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the compliance of the military department concerned with this subsection. Each such report shall include— (i) an accounting of the number of uniformed personnel and civilian personnel assigned to a military medical treatment facility as of October 1, 2019; and (ii) a comparable accounting as of September 30, 2022. (B) Explanation If the number specified in clause (ii) of subparagraph (A) is less than the number specified in clause (i) of such subparagraph, the Secretary concerned shall provide a full explanation for the reduction. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions (a) Assessment The Secretary of Defense shall provide to employees of the United States Government and their family members who the Secretary determines are experiencing symptoms of certain anomalous health conditions, as defined by the Secretary for purposes of this section, timely access for medical assessment, subject to space availability, to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. (b) Treatment With respect to an individual described in subsection (a) diagnosed with an anomalous health condition or a related affliction, whether diagnosed under an assessment under subsection (a) or otherwise, the Secretary of Defense shall furnish to the individual treatment for the condition or affliction, subject to space availability, at the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. (c) Development of process The Secretary of Defense, in consultation with the heads of such Federal agencies as the Secretary considers appropriate, shall develop a process to ensure that employees from those agencies and their family members are afforded timely access to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility pursuant to subsection (a) by not later than 60 days after the date of the enactment of this Act. (d) Modification of Department of Defense Trauma Registry The Secretary of Defense shall modify the Trauma Registry of the Department of Defense to include data on the demographics, condition-producing event, diagnosis and treatment, and outcomes of anomalous health conditions experienced by employees of the United States Government and their family members assessed or treated under this section, subject to an agreement by the employing agency and the consent of the employee. 733. Pilot program on cardiac screening at certain military service academies (a) Pilot program The Secretary of Defense shall establish a pilot program to furnish mandatory electrocardiograms to individuals who have been admitted to a covered military service academy in connection with the military accession screening process, at no cost to such candidates. (b) Scope The scope of the pilot program under subsection (a) shall include at least 25 percent of the incoming class of individuals who have been admitted to a covered military service academy during the first fall semester that follows the date of the enactment of this Act, and the pilot program shall terminate on the date on which the Secretary determines the military accession screening process for such class has concluded. (c) Furnishing of electrocardiograms In carrying out the pilot program under subsection (a), the Secretary shall furnish each mandatory electrocardiogram under the pilot program in a facility of the Department of Defense or by medical personnel within the military health system. (d) Briefing Not later than 180 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the pilot program. Such briefing shall include the following: (1) The results of all electrocardiograms furnished to individuals under the pilot program, disaggregated by military service academy, race, and gender. (2) The rate of significant cardiac issues detected pursuant to electrocardiograms furnished under the pilot program, disaggregated by military service academy, race, and gender. (3) The cost of carrying out the pilot program. (4) The number of individuals, if any, who were disqualified from admission based solely on the result of an electrocardiogram furnished under the pilot program. (e) Covered military service academy defined In this section, the term covered military service academy does not include the United States Coast Guard Academy or the United States Merchant Marine Academy. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities (a) Pilot program Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence a pilot program, to be carried out for at least a one-year period, to provide direct assistance for mental health appointment scheduling under the direct care and purchased care components of the TRICARE program, through facilities and clinics selected by the Secretary for participation in the pilot program in a number determined by the Secretary. (b) Briefings (1) First briefing Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the nature of the pilot program under subsection (a). (2) Final briefing Not later than 90 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the pilot program. Such briefing shall include an assessment of— (A) the effectiveness of the pilot program with respect to improved access to mental health appointments; and (B) any barriers to scheduling mental health appointments under the pilot program observed by health care professionals or other individuals involved in scheduling such appointments. (c) TRICARE program defined In this section, the term TRICARE program has the meaning given such term in section 1072 of title 10, United States Code. 735. Prohibition on availability of funds for certain research connected to China (a) Prohibition None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to fund any work to be performed by EcoHealth Alliance, Inc. in China on research supported by the government of China. (b) Waiver The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary— (1) determines that the waiver is in the national security interests of the United States; and (2) not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including— (A) an identification of the Department of Defense entity obligating or expending the funds; (B) an identification of the amount of such funds; (C) an identification of the intended purpose of such funds; (D) an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable); (E) an explanation for how the waiver is in the national security interests of the United States; and (F) any other information the Secretary determines appropriate. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine (a) Limitation During the period of time beginning on August 24, 2021, and ending on the date that is two years after the date of the enactment of this Act, any administrative discharge of a covered member, on the sole basis that the covered member failed to obey a lawful order to receive a vaccine for COVID–19, shall be— (1) an honorable discharge; or (2) a general discharge under honorable conditions. (b) Definitions In this section: (1) The terms Armed Forces and military departments have the meanings given such terms in section 101 of title 10, United States Code. (2) The term covered member means a member of an Armed Force under the jurisdiction of the Secretary of a military department. 737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program (a) Agreement (1) In general The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the National Academies ) for the National Academies to carry out the activities described in subsections (b) and (c). (2) Timing The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act. (b) Analysis by the National Academies (1) Analysis Under an agreement between the Secretary and the National Academies entered into pursuant to subsection (a), the National Academies shall conduct an analysis of the effectiveness of the Department of Defense Comprehensive Autism Care Demonstration program (in this section referred to as the demonstration program ) and develop recommendations for the Secretary based on such analysis. (2) Elements The analysis conducted and recommendations developed under paragraph (1) shall include the following: (A) An assessment of all methods used to assist in the assessment of domains related to autism spectrum disorder, including a determination as to whether the Secretary is applying such methods appropriately under the demonstration project. (B) An assessment of the methods used under the demonstration project to measure the effectiveness of applied behavior analysis in the treatment of autism spectrum disorder. (C) A review of any guidelines or industry standards of care adhered to in the provision of applied behavior analysis services under the demonstration program, including a review of the effects of such adherence with respect to dose-response or health outcomes for an individual who has received such services. (D) A review of the health outcomes for an individual who has received applied behavior analysis treatments over time. (E) An analysis of the increased utilization of the demonstration program by beneficiaries under the TRICARE program, to improve understanding of such utilization. (F) Such other analyses to measure the effectiveness of the demonstration program as may be determined appropriate by the National Academies. (G) An analysis on whether the incidence of autism is higher among the children of military families. (H) The development of a list of recommendations related to the measurement, effectiveness, and increased understanding of the demonstration program and its effect on beneficiaries under the TRICARE program. (c) Report Under an agreement entered into between the Secretary and the National Academies under subsection (a), the National Academies, not later than nine months after the date of the execution of the agreement, shall— (1) submit to the congressional defense committees a report on the findings of the National Academies with respect to the analysis conducted and recommendations developed under subsection (b); and (2) make such report available on a public website in unclassified form. 738. Independent review of suicide prevention and response at military installations (a) Establishment of committee Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish an independent suicide prevention and response review committee. (b) Membership The committee established under subsection (a) shall be composed of not fewer than five individuals— (1) designated by the Secretary; (2) with expertise determined to be relevant by the Secretary, including at least one individual who is an experienced provider of mental health services; and (3) none of whom may be a member of an Armed Force or a civilian employee of the Department of Defense. (c) Selection of military installations (1) In general The Secretary shall select, for review by the committee established under subsection (a), at least one military installation under the jurisdiction of each military department. (2) Inclusion of remote installation The Secretary shall ensure that, of the total military installations selected for review under paragraph (1), at least one such installation is a remote installation of the Department of Defense located outside the contiguous United States. (d) Duties The committee established under subsection (a) shall review the suicide prevention and response programs and other factors that may contribute to the incidence or prevention of suicide at the military installations selected for review pursuant to subsection (c). Such review shall be conducted through means including— (1) a confidential survey; (2) focus groups; and (3) individual interviews. (e) Coordination In carrying out this section, the Secretary shall ensure that the Director of the Office of People Analytics of the Department of Defense and the Director of the Office of Force Resiliency of the Department of Defense coordinate and cooperate with the committee established under subsection (a). (f) Reports (1) Report to Secretary Not later than 270 days after the date of the establishment of the committee under subsection (a), the committee shall submit to the Secretary a report containing the results of the reviews conducted by the committee and recommendations of the committee to reduce the incidence of suicide at the military installations reviewed. (2) Report to Congress Not later than 330 days after the date of the establishment of the committee under subsection (a), the committee shall submit to the Committees on Armed Services of the House of Representatives and the Senate the report under paragraph (1). (g) Termination The committee established under subsection (a) shall terminate on a date designated by the Secretary as the date on which the work of the committee has been completed. (h) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee established under subsection (a). 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam (a) Study Not later than April 1, 2022, the Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Director of the Air National Guard, shall complete a study on the feasibility and advisability of establishing at Joint Base Pearl Harbor-Hickam an aeromedical squadron of the Air National Guard in Hawaii to support the aeromedical mission needs of the United States Indo-Pacific Command. (b) Elements The study under subsection (a) shall assess the following: (1) The manpower required for the establishment of an aeromedical squadron of the Air National Guard in Hawaii as specified in subsection (a). (2) The overall cost of such establishment. (3) The length of time required for such establishment. (4) The mission requirements for such establishment. (5) Such other matters as may be determined relevant by the Secretary. (c) Briefing Not later than April 1, 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the findings of the feasibility and advisability study under subsection (a), including with respect to each element specified in subsection (b). 740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty (a) Study The Secretary of Defense shall conduct a study on the incidence of breast cancer among members of the Armed Forces serving on active duty. (b) Elements The study under subsection (a) shall include the following: (1) A determination of the number of members of the Armed Forces who served on active duty at any time during the period beginning on January 1, 2011, and ending on the date of the enactment of this Act who were diagnosed with breast cancer during such period. (2) A determination of demographic information regarding such members, including race, ethnicity, sex, age, military occupational specialty, and rank. (3) A comparison of the rates of members of the Armed Forces serving on active duty who have breast cancer to civilian populations with comparable demographic characteristics. (4) An identification of potential factors associated with service in the Armed Forces that could increase the risk of breast cancer for members of the Armed Forces serving on active duty. (5) To the extent the data are available, an identification of overseas locations associated with airborne hazards, such as burn pits, and members of the Armed Forces diagnosed with breast cancer who served on active duty in such locations. (6) An assessment of the effectiveness of outreach by the Department of Defense to members of the Armed Forces to identify risks of, prevent, detect, and treat breast cancer. (7) An assessment of the feasibility and advisability of changing the current mammography screening policy of the Department to incorporate all members of the Armed Forces who deployed overseas to an area associated with airborne hazards, such as burn pits. (8) An assessment of the feasibility and advisability of conducting digital breast tomosynthesis at facilities of the Department that provide mammography services. (9) Such recommendations as the Secretary may have for changes to policy or law that could improve the prevention, early detection, awareness, and treatment of breast cancer among members of the Armed Forces serving on active duty, including any additional resources needed. (c) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings and recommendations of the study under subsection (a), including a description of any further unique military research needed with respect to breast cancer. 741. GAO biennial study on Individual Longitudinal Exposure Record program (a) Studies and reports required Not later than December 31, 2023, and once every two years thereafter until December 31, 2030, the Comptroller General of the United States shall— (1) conduct a study on the implementation and effectiveness of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs; and (2) submit to the appropriate congressional committees a report containing the findings of the most recently conducted study. (b) Elements The biennial studies under subsection (a) shall include an assessment of elements as follows: (1) Initial study The initial study conducted under subsection (a) shall assess, at a minimum, the following: (A) Statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program. (B) Costs associated with the program, including any cost overruns associated with the program. (C) The capacity to expand the program to include the medical records of veterans who served prior to the establishment of the program. (D) Any illness recently identified as relating to a toxic exposure (or any guidance relating to such an illness recently issued) by either the Secretary of Defense or the Secretary of Veterans Affairs, including any such illness or guidance that relates to open burn pit exposure. (E) How the program has enabled (or failed to enable) the discovery, notification, and medical care of individuals affected by an illness described in subparagraph (D). (F) Physician and patient feedback on the program, particularly feedback that relates to ease of use. (G) Cybersecurity and privacy protections of patient data stored under the program, including whether any classified or restricted data has been stored under the program (such as data relating to deployment locations or duty stations). (H) Any technical or logistical impediments to the implementation or expansion of the program, including any impediments to the inclusion in the program of databases or materials originally intended to be included. (I) Any issues relating to read-only access to data under the program by veterans. (J) Any issues relating to the interoperability of the program between the Department of Defense and the Department of Veterans Affairs. (2) Subsequent studies Except as provided in paragraph (3), each study conducted under subsection (a) following the initial study specified in paragraph (1) shall assess— (A) statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program; and (B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1). (3) Final study The final study conducted under subsection (a) shall assess— (A) the elements specified in subparagraphs (A), (B), (D), (E), (F), and (H) of paragraph (1); and (B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1). (c) Access by Comptroller General (1) Information and materials Upon request of the Comptroller General, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Comptroller General any information or other materials necessary for the conduct of each biennial study under subsection (a). (2) Interviews In addition to such other authorities as are available, the Comptroller General shall have the right to interview officials and employees of the Department of Defense and the Department of Veterans Affairs (including clinicians, claims adjudicators, and researchers) as necessary for the conduct of each biennial study under subsection (a). (d) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate. (2) The term Secretary concerned means— (A) the Secretary of Defense, with respect to matters concerning the Department of Defense; and (B) the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs. 742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system (a) Study (1) In general The Comptroller General of the United States shall conduct a study on the implementation by the Department of Defense of statutory requirements to reform the military health system contained in a covered Act. (2) Elements The study required by paragraph (1) shall include the following elements: (A) A compilation of a list of, and citation for, each statutory requirement on reform of the military health system contained in a covered Act. (B) An assessment of the extent to which such requirement was implemented, or is currently being implemented. (C) An evaluation of the actions taken by the Department of Defense to assess and determine the effectiveness of actions taken pursuant to such requirement. (D) Such other matters in connection with the implementation of such requirement as the Comptroller General considers appropriate. (b) Briefing and report (1) Briefing Not later than May 1, 2022, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the study conducted under subsection (a). (2) Report Not later than May 1, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a) that includes the elements specified in paragraph (2) of such subsection. (c) Covered Act defined In this section, the term covered Act means any of the following: (1) The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) The National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (3) The John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ). (4) The National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ). (5) The National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ). (6) The National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ). (7) The Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ). (8) The National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ). (9) The National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (10) The National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ). 743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office (a) Study The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall conduct a study to determine— (1) whether there is a validated need or military requirement for the development of a joint fund of the Department of Defense and the Department of Veterans Affairs for the Federal Electronic Health Record Modernization Office; and (2) whether the operations of the Federal Electronic Health Record Modernization Office since its establishment, including how the Office has supported the implementation of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs, justify the development of a potential joint fund. (b) Elements The study under subsection (a) shall assess the following: (1) Justifications for the development of the joint fund. (2) The potential resource allocation and funding commitments for the Department of Defense and Department of Veterans Affairs with respect to the joint fund. (3) Options for the governance structure of the joint fund, including how accountability would be divided between the Department of Defense and the Department of Veterans Affairs. (4) The anticipated contents of the joint fund, including the anticipated process for annual transfers to the joint fund from the Department of Defense and the Department of Veterans Affairs, respectively. (5) An estimated timeline for the potential establishment of the joint fund. (6) The progress and accomplishments of the Federal Electronic Health Record Modernization Office during fiscal year 2021 in fulfilling the purposes specified in subparagraphs (C) through (R) of section 1635(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181 ; 10 U.S.C. 1071 note). (c) Report Not later than July 1, 2022, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall submit to the appropriate congressional committees a report on the findings of the study under subsection (a), including recommendations on the development of the joint fund specified in such subsection. Such recommendations shall address— (1) the purpose of the joint fund; and (2) requirements related to the joint fund. (d) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committees on Armed Services of the House of Representatives and the Senate; and (B) the Committees on Veterans’ Affairs of the House of Representatives and the Senate. (2) The term Electronic Health Record Modernization Program has the meaning given such term in section 503(e) of the Veterans Benefits and Transition Act of 2018 ( Public Law 115–407 ; 132 Stat. 5376). (3) The term Federal Electronic Health Record Modernization Office means the Office established under section 1635(b) of the Wounded Warrior Act (title XVI of Public Law 110–181 ; 10 U.S.C. 1071 note). 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes Not later than April 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the development of a capability for the domestic production of critical active pharmaceutical ingredients and drug products in finished dosage form for national security purposes. Such briefing shall include a description of the following: (1) The anticipated cost over the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code (as of the date of the briefing), to develop such a domestic production capability for critical active pharmaceutical ingredients. (2) The cost of producing critical active pharmaceutical ingredients through such a domestic production capability, as compared with the cost of standard manufacturing processes used by the pharmaceutical industry. (3) The average time to produce critical active pharmaceutical ingredients through such a domestic production capability, as compared with the average time to produce such ingredients through standard manufacturing processes used by the pharmaceutical industry. (4) Any intersections between the development of such a domestic production capability, the military health system, and defense-related medical research or operational medical requirements. (5) Lessons learned from the progress made in developing such a domestic production capability as of the date of the briefing, including from any contracts entered into by the Secretary with respect to such a domestic production capability. (6) Any critical active pharmaceutical ingredients that are under consideration by the Secretary for future domestic production as of the date of the briefing. (7) The plan of the Secretary regarding the future use of such a domestic production capability for critical active pharmaceutical ingredients. 745. Briefing on substance abuse in the Armed Forces (a) Briefing Not later than June 1, 2022, the Under Secretary of Defense for Personnel and Readiness shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on substance abuse policy, strategy, and programs within the Department of Defense. (b) Elements The briefing required under subsection (a) shall include each of the following elements: (1) With respect to policy, an overview of the policies of the Department of Defense and the military departments with respect to substance abuse, including for covered beneficiaries, and how each such policy is synchronized, including any definitions of the term substance abuse. (2) With respect to background data— (A) an analysis of the trends in substance abuse across the active and reserve components of the Armed Forces over the preceding 10-year period, including the types of care (residential, outpatient, or other), any variation in such trends for demographics or geographic locations of members who have been deployed, and any other indicators that the Under Secretary determines may allow for further understanding of substance abuse programs; and (B) an analysis of trends in substance abuse for covered beneficiaries over the preceding 10-year period, including any variation in such trends for demographics, geographic location, or other indicators that the Under Secretary determines may allow for further understanding of substance abuse programs. (3) With respect to strategic communication, an overview of the strategic communication plan on substance abuse, including different forms of media and initiatives being undertaken. (4) With respect to treatment— (A) a description of the treatment options available and prescribed for substance abuse for members of the Armed Forces and covered beneficiaries, including the different environments of care, such as hospitals, residential treatment facilities, outpatient care, and other care as appropriate; (B) a description of any non-catchment area care which resulted in the nonavailability of military medical treatment facility or military installation capabilities for substance use disorder treatment and the costs associated with sending members of the Armed Forces and covered beneficiaries to non-catchment areas for such treatment; (C) a description of the synchronization between substance abuse programs, mental health treatment, and case management, where appropriate; (D) a description of how substance abuse treatment clinical practice guidelines are used and how frequently such guidelines are updated; and (E) the metrics and outcomes that are used to determine whether substance abuse treatments are effective. (5) The funding lines and the amount of funding the Secretary of Defense and the Secretary of each of the military departments have obligated for substance abuse programs for each of the preceding 10 fiscal years. (c) Definitions In this section: (1) The term catchment area means the approximately 40-mile radius surrounding a military medical treatment facility or military installation, as the case may be. (2) The term covered beneficiary has the meaning given such term in section 1072 of title 10, United States Code. 801. Acquisition workforce educational partnerships (a) In general Subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after section 1746 the following new section: 1746a. Acquisition workforce educational partnerships (a) Establishment The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to— (1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense; (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce; (3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking; (4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce; (5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and (6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by— (A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 2361a of this title; (B) supporting the preparation and drafting of the reports required under subsection (f)(2); and (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period. (b) Senior official Not later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section. (c) Support from other department of defense organizations The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate. (d) Funding Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section. (e) Annual reports Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted. (f) Exemption to report termination requirements Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section. (g) Definitions In this section: (1) Acquisition workforce The term acquisition workforce has the meaning given such term in section 1705(g) of this title. (2) Extramural institutions The term extramural institutions means participants in an activity established under section 2361a of this title, public sector organizations, and nonprofit credentialing organizations.. (b) Clerical amendment The table of sections for subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after the item relating to section 1746 the following new item: 1746a. Acquisition workforce educational partnerships.. 1746a. Acquisition workforce educational partnerships (a) Establishment The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to— (1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense; (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce; (3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking; (4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce; (5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and (6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by— (A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 2361a of this title; (B) supporting the preparation and drafting of the reports required under subsection (f)(2); and (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period. (b) Senior official Not later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section. (c) Support from other department of defense organizations The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate. (d) Funding Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section. (e) Annual reports Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted. (f) Exemption to report termination requirements Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section. (g) Definitions In this section: (1) Acquisition workforce The term acquisition workforce has the meaning given such term in section 1705(g) of this title. (2) Extramural institutions The term extramural institutions means participants in an activity established under section 2361a of this title, public sector organizations, and nonprofit credentialing organizations. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations (a) Prohibition (1) In general Chapter 148 of title 10, United States Code, is amended by inserting after section 2533d the following new section: 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations (a) In general Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. (b) Applicability Subsection (a) shall apply to prime contracts and subcontracts at any tier. (c) Exceptions (1) In general Subsection (a) does not apply under the following circumstances: (A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. (B) The procurement of a covered item for use outside of the United States. (C) Purchases for amounts not greater than $150,000. (2) Limitation A proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. (d) Definitions In this section: (1) Covered item The term covered item means an article or item of— (A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or (B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. (2) Covered nation The term covered nation means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran.. (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2533d the following: 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.. (b) Future transfer (1) Transfer and redesignation Section 2533e of title 10, United States Code, as added by subsection (a), is transferred to the end of subchapter III of chapter 385 of such title, as added by section 1870(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and amended by this Act, and redesignated as section 4875. (2) Clerical amendments (A) Target chapter table of sections The table of sections for subchapter III of chapter 385 of title 10, United States Code, as added by section 1870(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by adding at the end the following new item: 4875. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.. (B) Origin chapter table of sections The table of sections at the beginning of chapter 148 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2533e. (3) Effective date The transfer, redesignation, and amendments made by this subsection shall take effect immediately after the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 take effect. (4) References; savings provision; rule of construction Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations (a) In general Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. (b) Applicability Subsection (a) shall apply to prime contracts and subcontracts at any tier. (c) Exceptions (1) In general Subsection (a) does not apply under the following circumstances: (A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. (B) The procurement of a covered item for use outside of the United States. (C) Purchases for amounts not greater than $150,000. (2) Limitation A proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. (d) Definitions In this section: (1) Covered item The term covered item means an article or item of— (A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or (B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. (2) Covered nation The term covered nation means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran. 803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures (a) Authority (1) In general Chapter 140 of title 10, United States Code, is amended by adding at the end the following new section: 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures (a) Authority The Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. (b) Treatment as competitive procedures Use of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. (c) Limitations (1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department. (2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts. (3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services. (d) Congressional notification required (1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award. (2) Notice of an award under paragraph (1) shall include the following: (A) Description of the innovative commercial product or commercial service acquired. (B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability. (C) Amount of the contract awarded. (D) Identification of the contractor awarded the contract. (e) Innovative defined In this section, the term innovative means— (1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or (2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.. (2) Clerical amendment The table of sections at the beginning of chapter 140 of title 10, United States Code, is amended by inserting after the item relating to section 2380b the following new item: 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.. (3) Data collection (A) In general The Secretary of Defense and each Secretary of a military department shall collect and analyze data on the use of the authority under section 2380c of title 10, United States Code, as added by paragraph (1), for the purposes of— (i) developing and sharing best practices for achieving the objectives of the authority; (ii) gathering information on the implementation of the authority and related policy issues; and (iii) informing the congressional defense committees on the use of the authority. (B) Plan required The authority under section 2380c of title 10, United States Code, as added by paragraph (1), may not be exercised by the Secretary of Defense or any Secretary of a military department during the period beginning on October 1, 2022, and ending on the date on which the Secretary of Defense submits to the congressional defense committees a completed plan for carrying out the data collection required under paragraph (1). (C) Congressional defense committees; military department defined In this paragraph, the terms congressional defense committees and military department have the meanings given such terms in section 101(a) of title 10, United States Code. (b) Future transfer (1) Transfer and redesignation Section 2380c of title 10, United States Code, as added by subsection (a), is transferred to chapter 247 of such title, added after section 3457, as transferred and redesignated by section 1821(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and redesignated as section 3458. (2) Clerical amendment The table of sections at the beginning of chapter 247 of title 10, United States Code, as added by section 1821(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item related to section 3457 the following new item: 3458. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.. (3) Conforming amendments to internal cross-references Section 3458 of title 10, United States Code, as redesignated by paragraph (1), is amended— (A) in subsection (b), by striking chapter 137 and inserting chapter 221 ; and (B) in subsection (c)(3), by striking section 2376(1) and inserting section 3451(1). (4) Effective date The transfer, redesignation, and amendments made by this subsection shall take as if included in title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (5) References; savings provision; rule of construction Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. (c) Repeal of obsolete authority Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note) is hereby repealed. 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures (a) Authority The Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. (b) Treatment as competitive procedures Use of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. (c) Limitations (1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department. (2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts. (3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services. (d) Congressional notification required (1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award. (2) Notice of an award under paragraph (1) shall include the following: (A) Description of the innovative commercial product or commercial service acquired. (B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability. (C) Amount of the contract awarded. (D) Identification of the contractor awarded the contract. (e) Innovative defined In this section, the term innovative means— (1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or (2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date. 804. Modifications to contracts subject to cost or pricing data certification (a) In general Section 2306a(a)(6) of title 10, United States Code, is amended— (1) by striking Upon the request and all that follows through paragraph (1) and inserting Under paragraph (1), ; and (2) by striking modify the contract and all that follows through consideration. and inserting modify the contract as soon as practicable to reflect subparagraphs (B) and (C) of such paragraph, without requiring consideration.. (b) Technical amendment Section 1831(c)(8)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4211) is amended by striking before and all that follows through the semicolon at the end and inserting after the subsection designation;. 805. Two-year extension of Selected Acquisition Report requirement (a) Extension Section 2432(j) of title 10, United States Code, is amended by striking fiscal year 2021 and inserting fiscal year 2023. (b) Demonstration required (1) In general Not later than March 1, 2022, and every six months thereafter, the Secretary of Defense shall provide to the congressional defense committees a demonstration of the capability improvements necessary to achieve the full operational capability of the reporting system that will replace the Selected Acquisition Report requirements under section 2432 of title 10, United States Code, as amended by subsection (a). (2) Elements (A) In general The demonstration required under paragraph (1) shall incorporate the following elements: (i) A demonstration of the full suite of data sharing capabilities of the reporting system referred to in paragraph (1) that can be accessed by authorized external users, including the congressional defense committees, for a range of covered programs across acquisition categories, including those selected under section 831 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1492). (ii) The plans required under subsection (c), as available. (B) Initial report In addition to the elements described in subparagraph (A), the first demonstration provided under paragraph (1) shall incorporate the findings of the report required under section 830(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1492). (3) Termination The requirements under this subsection shall terminate upon the date on which the Secretary of Defense submits to the congressional defense committees a written certification of the determination of the Secretary that the reporting system referred to in paragraph (1) has achieved full operational capability. (c) Plans Required for Data Gathering and Sharing (1) Data required for improved decision making (A) In general Not later than March 1, 2022, the Director of Cost Assessment and Program Evaluation shall prepare a plan for identifying and gathering the data required for effective decision making by program managers and Department of Defense leadership regarding covered programs. (B) Contents The plan required under subparagraph (A) shall include— (i) data that— (I) address covered program progress compared to covered program cost, schedule, and performance goals; (II) provide an assessment of covered program risks; and (III) can be collected throughout the fiscal year without significant additional burden; (ii) the data, information, and analytical capabilities supported by the reporting system referred to in subsection (b)(1); (iii) the specific data elements needed to assess covered program performance and associated risks, including software development and cybersecurity risks, and an identification of any data elements that cannot be publicly released; (iv) the types of covered programs to be included in the reporting system referred to in subsection (b)(1), including the dollar value threshold for inclusion, and the acquisition methodologies and pathways that are to be included; (v) the criteria for initiating, modifying, and terminating reporting for covered programs in the reporting system referred to in subsection (b)(1), including program characteristics, acquisition methodology or pathway being used, cost growth or changes, and covered program performance; and (vi) the planned reporting schedule for the reporting system referred to in subsection (b)(1), including when reports will be available to authorized external users and the intervals at which data will be updated. (2) Improved data sharing within the Department of Defense and with outside stakeholders (A) In general Not later than July 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees the plan of the Department of Defense for the reporting system referred to in subsection (b)(1) to report to the congressional defense committees and effectively share information related to covered programs. (B) Contents The plan required under subparagraph (A) shall— (i) incorporate the plan required under paragraph (1); (ii) provide for reporting not less frequently than once per year and continuous or periodic updates for authorized external users, as appropriate, to increase the efficiency of, and reduce the bureaucratic burdens for, reporting data and information on acquisition programs; (iii) identify the organizations responsible for implementation and overall operation of the reporting system referred to in subsection (b)(1); (iv) identify the organizations responsible for providing data for inclusion in such reporting system and ensuring that data is provided in a timely fashion; (v) include the schedule and milestones for implementing such reporting system; (vi) identify, for such implementation— (I) the resources required, including personnel and funding; and (II) the implementation risks and how such risks will be mitigated; (vii) identify the mechanisms by which reporting will be provided to the congressional defense committees and other authorized external users, including— (I) identification of types of organizations that will have access to the system, including those outside the Department of Defense; (II) how the system will be accessed by users, including those outside the Department of Defense; and (III) how such users will be trained on the use of the system and what level of support will be available for such users on an ongoing basis; and (viii) identify any changes to policy, guidance, or legislation that are required to begin reporting to the congressional defense committees in accordance with the plan. (d) Covered program defined In this section, the term covered program means a program required to be included in a report submitted under section 2432 of title 10, United States Code. 806. Annual report on highest and lowest performing acquisition programs of the Department of Defense (a) In general Not later than January 31, 2023, and annually thereafter for the following three years, the Component Acquisition Executive of each element or organization of the Department of Defense shall rank each covered acquisition program based on the criteria selected under subsection (b)(1) and submit to the congressional defense committees a report that contains a ranking of the five highest performing and five lowest performing covered acquisition programs for such element or organization based on such criteria. (b) Ranking criteria (1) In general In completing the report required under subsection (a), each Component Acquisition Executive, in consultation with other officials of the Department of Defense as determined appropriate by the Component Acquisition Executive, shall select the criteria for ranking each covered acquisition program. (2) Inclusion in report Each Component Acquisition Executive shall include in the report submitted under subsection (a) an identification of the specific ranking criteria selected under paragraph (1), including a description of how those criteria are consistent with best acquisition practices. (c) Additional report elements Each Component Acquisition Executive shall include in the report required under subsection (a) for each of the five acquisition programs ranked as the lowest performing the following: (1) A description of the factors that contributed to the ranking of the program as low performing. (2) An assessment of the underlying causes of the poor performance of the program. (3) A plan for addressing the challenges of the program and improving performance, including specific actions that will be taken and proposed timelines for completing such actions. (d) Definitions In this section: (1) Component Acquisition Executive The term Component Acquisition Executive means— (A) a service acquisition executive; or (B) an individual designated by the head of an element or organization of the Department of Defense, other than a military department, as the Component Acquisition Executive for that element or organization. (2) Covered acquisition program In this section the term covered acquisition program means— (A) a major defense acquisition program as defined in section 2430 of title 10, United States Code; or (B) an acquisition program that is estimated by the Component Acquisition Executive to require an eventual total expenditure described in section 2430(a)(1)(B) of title 10, United States Code. (3) Military department; service acquisition executive The terms military department and service acquisition executive have the meanings given such terms in section 101(a) of title 10, United States Code. 807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services (a) Assessment required The Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall jointly assess impediments and incentives to fulfilling the goals of section 3307 of title 41, United States Code, and section 2377 of title 10, United States Code, regarding preferences for commercial products and commercial services to— (1) enhance the innovation strategy of the Department of Defense to compete effectively against peer adversaries; and (2) encourage the rapid adoption of commercial advances in technology. (b) Elements of assessment The assessment shall include a review of the use of preferences for commercial products and commercial services in procurement, including an analysis of— (1) relevant policies, regulations, and oversight processes; (2) relevant acquisition workforce training and education; (3) the role of requirements in the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, Operation of the Adaptive Acquisition Framework ), including— (A) the ability to accommodate evolving commercial functionality and new opportunities identified during market research; and (B) how phasing and uncertainty in requirements are treated; (4) the role of competitive procedures and source selection procedures, including the ability to structure acquisition processes to accommodate— (A) multiple or unequal solutions; and (B) emerging solutions that could fulfill program requirements; (5) the role of planning, programming, and budgeting structures and processes, including appropriations categories; (6) systemic biases in favor of custom solutions; (7) allocation of technical data rights; (8) strategies to control modernization and sustainment costs; (9) the risk to contracting officers and other members of the acquisition workforce of acquiring commercial products and commercial services, and incentives and disincentives for taking such risks; and (10) potential reforms that do not impose additional burdensome and time-consuming constraints on the acquisition process. (c) Briefing Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall brief the congressional defense committees on the results of the required assessment and any actions undertaken to improve compliance with the statutory preference for commercial products and commercial services, including any recommendations to Congress for legislative action. 808. Briefing on transparency for certain domestic procurement waivers Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the extent to which information relating to the use of domestic procurement waivers by the Department of Defense is publicly available. 809. Report on violations of certain domestic preference laws (a) Report required Not later than February 1 of each of 2023, 2024, and 2025, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a report on violations of certain domestic preference laws reported to the Department of Defense and the military departments. Each report shall include such violations that occurred during the previous fiscal year covered by the report. (b) Elements Each report required under subsection (a) shall include the following for each reported violation: (1) The name of the contractor. (2) The contract number. (3) The nature of the violation, including which of the certain domestic preference laws was violated. (4) The origin of the report of the violation. (5) Actions taken or pending by the Secretary concerned in response to the violation. (6) Other related matters deemed appropriate by the Secretary concerned. (c) Certain domestic preference laws defined In this section, the term certain domestic preference laws means any provision of section 2533a or 2533b of title 10, United States Code, or chapter 83 of title 41 of such Code, that requires or creates a preference for the procurement of goods, articles, materials, or supplies, that are grown, mined, reprocessed, reused, manufactured, or produced in the United States. 811. Certain multiyear contracts for acquisition of property: budget justification materials (a) In general Chapter 9 of title 10, United States Code, is amended by adding at the end the following new section: 239c. Certain multiyear contracts for acquisition of property: budget justification materials (a) In general In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under section 2306b of this title that— (1) the head of an agency intends to cancel during the fiscal year; or (2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year. (b) Elements Each proposal required by subsection (a) shall include the following: (1) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract. (2) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification. (3) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification. (4) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies. (c) Definitions In this section: (1) The term covered modification means a modification that will result in a reduction in the quantity of end items to be procured. (2) The term head of an agency means— (A) the Secretary of Defense; (B) the Secretary of the Army; (C) the Secretary of the Navy; or (D) the Secretary of the Air Force.. (b) Clerical amendment The table of sections at the beginning of chapter 9 of such title is amended by adding at the end the following new item: 239c. Certain multiyear contracts for acquisition of property: budget justification materials.. 239c. Certain multiyear contracts for acquisition of property: budget justification materials 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures Section 1762(g) of title 10, United States Code, is amended by striking December 31, 2023 and inserting December 31, 2026. 813. Office of Corrosion Policy and Oversight employee training requirements Section 2228 of title 10, United States Code, is amended— (1) in subsection (b), by adding at the end the following new paragraph: (6) The Director shall ensure that contractors of the Department of Defense carrying out activities for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, or who are currently enrolled in, a qualified training program. ; (2) in subsection (c)— (A) in paragraph (2), by striking and at the end and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) require that any training or professional development activities for military personnel or civilian employees of the Department of Defense for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense are conducted under a qualified training program that trains and certifies individuals in meeting corrosion control standards that are recognized industry-wide. ; and (3) in subparagraph (f), by adding at the end the following new paragraph: (6) The term qualified training program means a training program in corrosion control, mitigation, and prevention that is— (A) offered or accredited by an organization that sets industry corrosion standards; or (B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ).. 814. Modified condition for prompt contract payment eligibility Section 2307(a)(2)(B) of title 10, United States Code, is amended by striking if the prime contractor agrees or proposes to make payments to the subcontractor and inserting if the prime contractor agrees to make payments to the subcontractor. 815. Modification to procurement of services: data analysis and requirements validation (a) In general Section 2329 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking October 1, 2021 and inserting February 1, 2023 ; and (B) by striking paragraphs (4) and (5) and inserting the following new paragraphs: (4) be informed by the review of the inventory required by section 2330a(c) using standard guidelines developed under subsection (d); and (5) clearly and separately identify the amount requested and projected for the procurement of contract services for each Defense Agency, Department of Defense Field Activity, command, or military installation for the budget year and the subsequent four fiscal years in the future-years defense program submitted to Congress under section 221. ; (2) by amending subsection (d) to read as follows: (d) Requirements Evaluation (1) Each Services Requirements Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies and procedures, available resources, the analyses conducted under subsection (c), and contracting efficacy and efficiency. An evaluation of a services contract for compliance with contracting policies and procedures may not be considered to be an evaluation of a requirement for such services contract. (2) The Secretary of Defense shall establish and issue standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Any such guidelines issued— (A) shall be consistent with the Handbook of Contract Function Checklists for Services Acquisition issued by the Department of Defense in May 2018, or a successor or other appropriate policy; and (B) shall be updated as necessary to incorporate applicable statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the use of Department of Defense civilian employees to perform new functions and functions that are performed by contractors. (3) The acquisition decision authority for each services contract shall certify— (A) that a task order or statement of work being submitted to a contracting office is in compliance with the standard guidelines; (B) that all appropriate statutory risk mitigation efforts have been made; and (C) that such task order or statement of work does not include requirements formerly performed by Department of Defense civilian employees. (4) The Inspector General of the Department of Defense may conduct annual audits to ensure compliance with this subsection. ; (3) by striking subsection (f) and redesignating the subsequent subsections accordingly; and (4) in subsection (f), as so redesignated— (A) in paragraph (3), by striking January 5, 2016 and inserting January 10, 2020 ; and (B) by adding at the end the following new paragraph: (4) The term acquisition decision authority means the designated decision authority for each designated special interest services acquisition category, described in such Department of Defense Instruction.. (b) Repeals (1) Section 235 of title 10, United States Code, is repealed. (2) Section 852 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1492; 10 U.S.C. 2329 note) is repealed. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels Section 2534 of title 10, United States Code, is amended— (1) in subsection (a)(2), by adding at the end the following new subparagraph: (F) Welded shipboard anchor and mooring chain. ; and (2) in subsection (b)— (A) by striking A manufacturer and inserting (1) Except as provided in paragraph (2), a manufacturer ; and (B) by adding at the end the following new paragraph: (2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.. 817. Repeal of preference for fixed-price contracts Section 829 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 2306 note) is repealed. 821. Modification of other transaction authority for research projects (a) In general Section 2371 of title 10, United States Code, is amended— (1) in subsection (e)— (A) by striking paragraph (2); (B) in paragraph (1), in the matter preceding subparagraph (A), by striking (1) ; and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (2) by amending subsection (h) to read as follows: (h) Guidance The Secretary of Defense shall issue guidance to carry out this section.. (b) Conforming amendment Section 2371b(b)(1) of title 10, United States Code, is amended by striking Subsections (e)(1)(B) and (e)(2) and inserting Subsection (e)(2). 822. Modification of prize authority for advanced technology achievements Section 2374a of title 10, United States Code, is amended— (1) in subsection (a), by inserting , including procurement contracts and other agreements, after other types of prizes ; (2) in subsection (b), in the first sentence, by inserting and for the selection of recipients of procurement contracts and other agreements after cash prizes ; (3) in subsection (c)(1), by inserting without the approval of the Under Secretary of Defense for Research and Engineering before the period at the end; and (4) by adding at the end the following new subsection: (g) Congressional notice (1) In general Not later than 15 days after a procurement contract or other agreement that exceeds a fair market value of $10,000,000 is awarded under the authority under a program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees written notice of such award. (2) Contents Each notice submitted under paragraph (1) shall include— (A) the value of the relevant procurement contract or other agreement, as applicable, including all options; (B) a brief description of the research result, technology development, or prototype for which such procurement contract or other agreement, as applicable, was awarded; and (C) an explanation of the benefit to the performance of the military mission of the Department of Defense resulting from the award.. 823. Pilot program on systems engineering determinations (a) Requirement As soon as practicable but not later than September 30, 2023, the Secretary of Defense shall ensure that each covered entity enters into at least two covered transactions under an authority described in subsection (b), where each such covered transaction includes the system engineering determinations described under subsection (c). (b) Covered authorities The authorities described under this subsection are as follows: (1) Section 2371 of title 10, United States Code, with respect to applied and advanced research project transactions relating to weapons systems. (2) Section 2371b of such title, with respect to transactions relating to weapons systems. (3) Section 2373 of such title. (4) Section 2358 of such title, with respect to transactions relating to weapons systems. (c) Systems engineering determinations (1) First determination (A) Success criteria The head of a covered entity that enters into a covered transaction under this section shall identify, in writing, not later than 30 days after entering into such covered transaction, measurable success criteria related to potential military applications of such covered transaction, to be demonstrated not later than the last day of the period of performance for such covered transaction. (B) Types of determinations Not later than 30 days after the end of such period of performance, the head of the covered entity shall make one of the following determinations: (i) A Discontinue determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination. (ii) A Retain and Extend determination, under which such head ensures continued performance of such covered transaction and extends the period of performance for a specified period of time in order to achieve the success criteria described under subparagraph (A). (iii) An Endorse and Refer determination, under which such head endorses the covered transaction and refers it to the most appropriate Service Systems Engineering Command, based on the technical attributes of the covered transaction and the associated potential military applications, based on meeting or exceeding the success criteria. (C) Written notice A determination made pursuant to subparagraph (B) shall be documented in writing and provided to the person performing the covered transaction to which the determination relates. (D) Further determination If the head of a covered entity issued a Retain and Extend determination described in subparagraph (B)(ii), such head shall, at the end of the extension period— (i) issue an Endorse and Refer determination described in subparagraph (B)(iii) if the success criteria are met; or (ii) issue a Discontinue determination described in subparagraph (B)(i) if the success criteria are not met. (2) Second determination (A) Systems engineering plan The head of the Service Systems Engineering Command that receives a referral from an Endorse and Refer determination described in paragraph (1)(B)(iii) shall, not later than 30 days after receipt of such referral, formulate a systems engineering plan with the person performing the referred covered transaction, technical experts of the Department of Defense, and any prospective program executive officers. (B) Elements The systems engineering plan required under subparagraph (A) shall include the following: (i) Measurable baseline technical capability, based on meeting the success criteria described in paragraph (1)(A). (ii) Measurable transition technical capability, based on the technical needs of the prospective program executive officers to support a current or future program of record. (iii) Discrete technical development activities necessary to progress from the baseline technical capability to the transition technical capability, including an approximate cost and schedule, including activities that provide resolution to issues relating to— (I) interfaces; (II) data rights; (III) Federal Government technical requirements; (IV) specific platform technical integration; (V) software development; (VI) component, subsystem, or system prototyping; (VII) scale models; (VIII) technical manuals; (IX) lifecycle sustainment needs; and (X) other needs identified by the relevant program executive officer. (iv) Identification and commitment of funding sources to complete the activities under clause (iii). (C) Types of determinations Not later than 30 days after the end of the schedule required by subparagraph (B)(iii), the head of the Service Systems Engineering Command shall make one of the following determinations: (i) A Discontinue determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination. (ii) A Retain and Extend determination, under which such head ensures continued performance of such covered transaction within the Service Systems Engineering Command and extends the period of performance for a specified period of time in order to— (I) successfully complete the systems engineering plan required under subparagraph (A); and (II) issue specific remedial or additional activities to the person performing the covered transaction. (iii) An Endorse and Refer determination, under which such head endorses the covered transaction and refers it to a program executive officer, based on successful completion of the systems engineering plan required under subparagraph (A). (D) Written notice A determination made pursuant to subparagraph (C) shall be documented in writing and provided to the person performing the covered transaction to which the determination relates and any prospective program executive officers for such covered transaction. (E) Further determination If the head of the Service Systems Engineering Command issued a Retain and Extend determination described in subparagraph (C)(ii), such head shall, at the end of the extension period— (i) issue an Endorse and Refer determination described in subparagraph (C)(iii) if the transition technical capability criteria are met; or (ii) issue a Discontinue determination described in subparagraph (B)(i) if the success criteria are not met. (d) Priority for covered transaction selection In selecting a covered transaction under this section, the Secretary shall prioritize those covered transactions that— (1) are being initially demonstrated at a covered entity; (2) demonstrate a high potential to be further developed by a Service Systems Engineering Command; and (3) demonstrate a high potential to be used in a program of the Department of Defense. (e) Notifications (1) In general Not later than 30 days after a covered transaction is entered into pursuant to subsection (a), the Secretary of Defense shall notify the congressional defense committees of such covered transaction. (2) Updates Not later than 120 days after such a covered transaction is entered into, and every 120 days thereafter until the action specified in subsection (c)(1)(B)(i), (c)(2)(C)(i), or (c)(2)(C)(iii) occurs, the Secretary of Defense shall provide written updates to the congressional defense committees on the actions being taken by the Department to comply with the requirements of this section. (f) Briefing required Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section. (g) Definitions In this section: (1) The term covered entity means— (A) the Defense Innovation Unit; (B) the Strategic Capabilities Office; or (C) the Defense Advanced Research Projects Agency. (2) The term covered transaction means a transaction, procurement, or project conducted pursuant to an authority listed in subsection (b). (3) The term Service Systems Engineering Command means the specific Department of Defense command that reports through a chain of command to the head of a military department that specializes in the systems engineering of a system, subsystem, component, or capability area. 824. Recommendations on the use of other transaction authority (a) Review and recommendations required (1) In general The Secretary of Defense shall review the current use, and the authorities, regulations, and policies related to the use, of other transaction authority under sections 2371 and 2371b of title 10, United States Code, and assess the merits of modifying or expanding such authorities with respect to— (A) the inclusion in such transactions for the Government and contractors to include force majeure provisions to deal with unforeseen circumstances in execution of the transaction; (B) the determination of the traditional or nontraditional status of an entity based on the parent company or majority owner of the entity; (C) the determination of the traditional or nontraditional status of an entity based on the status of an entity as a qualified businesses wholly-owned through an Employee Stock Ownership Plan; (D) the ability of the Department of Defense to award agreements for prototypes with all of the costs of the prototype project provided by private sector partners of the participant to the transaction for such prototype project, to allow for expedited transition into follow-on production agreements for appropriate technologies; (E) the ability of the Department of Defense to award agreements for procurement, including without the need for prototyping; (F) the ability of the Department of Defense to award agreements for sustainment of capabilities, including without the need for prototyping; (G) the ability of the Department of Defense to award agreements to support the organic industrial base; (H) the ability of the Department of Defense to award agreements for prototyping of services or acquisition of services; (I) the need for alternative authorities or policies to more effectively and efficiently execute agreements with private sector consortia; (J) the ability of the Department of Defense to monitor and report on individual awards made under consortium-based other transactions; and (K) other issues as identified by the Secretary. (2) Qualified businesses wholly-owned through an Employee Stock Ownership Plan defined The term qualified businesses wholly-owned through an Employee Stock Ownership Plan means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of the Internal Revenue Code). (b) Issues identified and recommendations for changes to policies or authorities In carrying out the review under paragraph (1) of subsection (a), with respect to each issue described in subparagraphs (A) through (K) of such paragraph, the Secretary of Defense shall— (1) identify relevant issues and challenges with the use of the authority under section 2371 or 2371b of title 10, United States Code; (2) discuss the advantages and disadvantages of modifying or expanding the authority under section 2371 or 2371b of title 10, United States Code, to address issues under paragraph (1); (3) identify policy changes that will be made to address issues identified under paragraph (1); (4) make recommendations to the congressional defense committees for new or modified statutory authorities to address issues identified under paragraph (1); and (5) provide such other information as determined appropriate by the Secretary. (c) Report Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report describing activities undertaken pursuant to this section, as well as issues identified, policy changes proposed, justifications for such proposed policy changes, and recommendations for legislative changes. 825. Reporting requirement for certain defense acquisition activities (a) Procedures for identifying certain acquisition agreements and activities The Secretary of Defense shall establish procedures to identify organizations performing on individual projects under the following types of awards: (1) Other transaction agreements pursuant to the authorities under section 2371 and 2371b of title 10, United States Code. (2) Individual task orders awarded under a task order contract (as defined in section 2304d of title 10, United States Code), including individual task orders issued to a federally funded research and development center. (b) For initial agreements covered under subsection (a), the procedures required under subsection (a) shall include, but not be limited to— (1) the participants to the transaction (other than the Federal Government); (2) each business selected to perform work under the transaction by a participant to the transaction that is a consortium of private entities; (3) the date on which each participant entered into the transaction; (4) the amount of the transaction; and (5) other related matters the Secretary deems appropriate. (c) For follow-on contracts, agreements, or transactions covered under subsection (a), the procedures required under subsection (a) shall include, but not be limited to— (1) identification of the initial covered contract or transaction and each subsequent follow-on contract or transaction; (2) the awardee; (3) the amount; (4) the date awarded; and (5) other related matters the Secretary deems appropriate. (d) The Administrator of the General Services Administration shall update the Federal Procurement Data System (FPDS) within 180 days to collect the data required under this section. (e) Reporting Not later than one year after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of agreements and activities described in subsection (a) and associated funding. (f) Publication of information Not later than one year after the date of enactment of this Act, the Secretary of Defense shall establish procedures to collect information on individual agreements and activities described in this section and associated funding in an online, public, searchable database, unless the Secretary deems such disclosure inappropriate for individual agreements based on national security concerns. 831. Technology protection features activities (a) In general Section 2357 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by inserting (1) before Any ; (B) by adding at the end the following new paragraph: (2) The Secretary may deem the portion of the costs of the contractor described in paragraph (1) with respect to a designated system as allowable independent research and development costs under the regulations issued under section 2372 of this title if— (A) the designated system receives Milestone B approval; and (B) the Secretary determines that doing so would further the purposes of this section. ; and (2) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following new paragraphs: (2) The term independent research and development costs has the meaning given the term in section 31.205-18 of title 48, Code of Federal Regulations. (3) The term Milestone B approval has the meaning given the term in section 2366(e)(7) of this title.. (b) Conforming regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with section 2357 of title 10, United States Code, as amended by subsection (a). 832. Modification of enhanced transfer of technology developed at Department of Defense laboratories Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 ( 10 U.S.C. 2514 note) is amended— (1) by redesignating subsection (e) as subsection (f); (2) by striking subsection (d) and inserting the following new subsections: (d) Data collection The Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under this section for the purposes of— (1) developing and sharing best practices; and (2) providing information to the Secretary of Defense and Congress on the use of authority under this section and related policy issues. (e) Report The Secretary of Defense shall submit a report to the congressional defense committees on the activities carried out under this section not later than December 31, 2025. ; and (3) in subsection (f) (as so redesignated), by striking December 31, 2021 and inserting December 31, 2026. 833. Pilot program on acquisition practices for emerging technologies (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment or the Under Secretary's designee, shall establish a pilot program (in this section referred to as the Pilot Program ) to develop and implement unique acquisition mechanisms for emerging technologies in order to increase the speed of transition of emerging technologies into acquisition programs or into operational use. (b) Elements In carrying out the Pilot Program, the Under Secretary of Defense for Acquisition and Sustainment shall— (1) identify, and award agreements to, not less than four new projects supporting high-priority defense modernization activities, consistent with the National Defense Strategy, with consideration given to— (A) offensive missile capabilities; (B) space-based assets; (C) personnel and quality of life improvement; (D) energy generation and storage; and (E) any other area activities the Under Secretary determines appropriate; (2) develop a unique acquisition plan for each project identified pursuant to paragraph (1) that is significantly novel from standard Department of Defense acquisition practices, including the use of— (A) alternative price evaluation models; (B) alternative independent cost estimation methodologies; (C) alternative market research methods; (D) continuous assessment of performance metrics to measure project value for use in program management and oversight; (E) alternative intellectual property strategies, including activities to support modular open system approaches (as defined in section 2446a(b) of title 10, United States Code) and reduce life-cycle and sustainment costs; and (F) other alternative practices identified by the Under Secretary; (3) execute the acquisition plans described in paragraph (2) and award agreements in an expedited manner; and (4) determine if existing authorities are sufficient to carry out the activities described in this subsection and, if not, submit to the congressional defense committees recommendations for statutory reforms that will provide sufficient authority. (c) Regulation waiver The Under Secretary of Defense for Acquisition and Sustainment shall establish mechanisms for the Under Secretary to waive, upon request, regulations, directives, or policies of the Department of Defense, a military service, or a Defense Agency with respect to a project awarded an agreement under the Pilot Program if the Under Secretary determines that such a waiver furthers the purposes of the Pilot Program, unless such waiver would be prohibited by a provision of a Federal statute or common law. (d) Agreement termination (1) In general The Secretary of Defense may establish procedures to terminate agreements awarded under the Pilot Program. (2) Notification required Any procedure established under paragraph (1) shall require that, not later than 30 days prior to the termination of any agreement under such procedure, notice of such termination shall be provided to the congressional defense committees. (e) Pilot program advisory group (1) In general The Under Secretary of Defense for Acquisition and Sustainment shall establish a Pilot Program advisory group to advise the Under Secretary on— (A) the selection, management and elements of projects under the Pilot Program; (B) the collection of data regarding the use of the Pilot Program; and (C) the termination of agreements under the Pilot Program. (2) Membership (A) In general The members of the advisory group established under paragraph (1) shall be appointed as follows: (i) One member from each military department (as defined under section 101(a) of title 10, United States Code), appointed by the Secretary of the military department concerned. (ii) One member appointed by the Under Secretary of Defense for Research and Engineering. (iii) One member appointed by the Under Secretary of Defense for Acquisition and Sustainment. (iv) One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense. (v) One member appointed by the Director of the Defense Advanced Research Projects Agency. (vi) One member appointed by the Director of Cost Assessment and Program Evaluation. (vii) One member appointed by the Director of Operational Test and Evaluation. (B) Deadline for appointment Members of the advisory group shall be appointed not later than 30 days after the date of the establishment of the pilot program under subsection (a). (3) FACA non-applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group established under paragraph (1). (f) Information to Congress (1) Briefing requirement Not later than 180 days after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on activities performed under this section. (2) Budget justification materials The Secretary shall establish procedures to clearly identify all projects under the Pilot Program in budget justification materials submitted to Congress. (g) Data requirements (1) Collection and analysis of data The Secretary shall establish mechanisms to collect and analyze data on the execution of the Pilot Program for the purpose of— (A) developing and sharing best practices for achieving goals established for the Pilot Program; (B) providing information to the Secretary and the congressional defense committees on the execution of the Pilot Program; and (C) providing information to the Secretary and the congressional defense committees on related policy issues. (2) Data strategy required The Secretary may not establish the Pilot Program prior to completion of a plan for— (A) meeting the requirements of this subsection; (B) collecting the data required to carry out an evaluation of the lessons learned from the Pilot Program; and (C) conducting such evaluation. (h) Termination The Pilot Program shall terminate on the earlier of— (1) the date on which each project identified under subsection (b)(1) has either been completed or has had all agreements awarded to such project under the Pilot Program terminated; or (2) the date that is five years after the date of the enactment of this Act. 834. Pilot program to accelerate the procurement and fielding of innovative technologies (a) Pilot program Subject to availability of appropriations, the Secretary of Defense shall establish a competitive, merit-based pilot program to accelerate the procurement and fielding of innovative technologies by, with respect to such technologies— (1) reducing acquisition or life-cycle costs; (2) addressing technical risks; (3) improving the timeliness and thoroughness of test and evaluation outcomes; and (4) rapidly implementing such technologies to directly support defense missions. (b) Guidelines Not later than one year after the date of the enactment of this Act, the Secretary shall issue guidelines for the operation of the pilot program established under this section. At a minimum such guidelines shall provide for the following: (1) The issuance of one or more solicitations for proposals by the Department of Defense in support of the pilot program, with a priority established for technologies developed by small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )) or nontraditional defense contractors (as defined under section 2302 of title 10, United States Code). (2) A process for— (A) the review of proposals received in response to a solicitation issued under paragraph (1) by the Secretary of Defense and by each Secretary of a military department; (B) the merit-based selection of the most promising cost-effective proposals; and (C) the procurement of goods or services offered by such a proposal through contracts, cooperative agreements, other transaction authority, or by another appropriate process. (c) Maximum amount The total amount of funding provided for any proposal selected for an award under the pilot program established under this section shall not exceed $50,000,000, unless the Secretary (or designee of the Secretary) approves a greater amount of funding. (d) Data collection (1) Plan required before implementation The Secretary of Defense may not provide funding under this section until the date on which the Secretary— (A) completes a plan for carrying out the data collection required under paragraph (2); and (B) submits the plan to the congressional defense committees. (2) Data collection required The Secretary of Defense shall collect and analyze data on the pilot program established under this section for the purposes of— (A) developing and sharing best practices for achieving the objectives of the pilot program; (B) providing information on the implementation of the pilot program and related policy issues; and (C) reporting to the congressional defense committees as required under subsection (e). (e) Biannual reports Not later than March 1 and September 1 of each year beginning after the date of the enactment of this Act until the termination of the pilot program established under this section, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program. (f) Termination The authority to carry out a pilot program under this section shall terminate on September 30, 2027. 835. Independent study on technical debt in software-intensive systems (a) Study required Not later than May 1, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to study technical debt in software-intensive systems, as determined by the Under Secretary of Defense for Acquisition and Sustainment. (b) Study elements The study required under subsection (a) shall include analyses and recommendations, including actionable and specific guidance and any recommendations for statutory or regulatory modifications, on the following: (1) Qualitative and quantitative measures which can be used to identify a desired future state for software-intensive systems. (2) Qualitative and quantitative measures that can be used to assess technical debt. (3) Policies for data access to identify and assess technical debt and best practices for software-intensive systems to make such data appropriately available for use. (4) Forms of technical debt which are suitable for objective or subjective analysis. (5) Current practices of Department of Defense software-intensive systems to track and use data related to technical debt. (6) Appropriate individuals or organizations that should be responsible for the identification and assessment of technical debt, including the organization responsible for independent assessments. (7) Scenarios, frequency, or program phases during which technical debt should be assessed. (8) Best practices to identify, assess, and monitor the accumulating costs technical debt. (9) Criteria to support decisions by appropriate officials on whether to incur, carry, or reduce technical debt. (10) Practices for the Department of Defense to incrementally adopt to initiate practices for managing or reducing technical debt. (c) Access to data and records The Secretary of Defense shall ensure that the federally funded research and development center selected under subsection (a) has sufficient resources and access to technical data, individuals, organizations, and records necessary to complete the study required under this section. (d) Report required Not later than 18 months after entering the agreement described in subsection (a), the Secretary shall submit to the congressional defense committees a report on the study required under subsection (b), along with any additional information and views as desired in publicly releasable and unclassified forms. The Secretary may also include a classified annex to the study as necessary. (e) Briefings required (1) Initial briefing Not later than March 1, 2022, the Secretary of Defense shall provide a briefing to the congressional defense committees on activities undertaken and planned to conduct the study required by subsection (a), including any barriers to conducting such activities and the resources to be provided to conduct such activities. (2) Interim briefing required Not later than 12 months after entering into the agreement under subsection (a), the Secretary of Defense shall provide a briefing to the congressional defense committees on interim analyses and recommendations described in subsection (b) including those that could require modifications to guidance, regulations, or statute. (3) Final briefing required Not later than 60 days after the date on which the report required by subsection (d) is submitted, the Secretary of Defense shall brief the congressional defense committees on a plan and schedule for implementing the recommendations provided in the report. (f) Technical debt defined In this section, the term technical debt means an element of design or implementation that is expedient in the short term, but that would result in a technical context that can make a future change costlier or impossible. 836. Cadre of software development and acquisition experts (a) In general Not later than January 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in software development, acquisition, and sustainment to improve the effectiveness of software development, acquisition, and sustainment programs or activities of the Department of Defense. (b) Structure The Under Secretary of Defense for Acquisition and Sustainment— (1) shall ensure the cadre has the appropriate number of members; (2) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and (3) shall determine the appropriate officials to whom members of the cadre shall report. (c) Assignment The Under Secretary of Defense for Acquisition and Sustainment shall establish processes to assign members of the cadre to provide— (1) expertise on matters relating to software development, acquisition, and sustainment; and (2) support for appropriate programs or activities of the Department of Defense. (d) Administration (1) In general The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the President of the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing personnel and acquisition authorities to establish the cadre, as appropriate, including— (A) section 9903 of title 5, United States Code; (B) authorities relating to services contracting; (C) the Intergovernmental Personnel Act of 1970 ( 42 U.S.C. 4701 et seq. ); and (D) authorities relating to exchange programs with industry. (2) Assignments Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre. (3) Preference In establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense. (e) Support of members of the Armed Forces The Under Secretary of Defense for Acquisition and Sustainment shall continue to support efforts of the Secretaries concerned to place members of the Armed Forces in software development, acquisition, and sustainment positions and develop software competence in members of the Armed Forces, including those members with significant technical skill sets and experience but who lack formal education, training, or a technology-focused military occupation specialty. (f) Funding The Under Secretary of Defense for Acquisition and Sustainment is authorized to use amounts in the Defense Acquisition Workforce Development Account (established under section 1705 of title 10, United States Code) for the purpose of recruitment, training, and retention of members of the cadre, including by using such amounts to pay salaries of newly hired members of the cadre for up to three years. (g) Compliance In carrying out this section, the Under Secretary of Defense for Acquisition and Sustainment shall ensure compliance with applicable total force management policies, requirements, and restrictions provided in sections 129a, 2329, and 2461 of title 10, United States Code. 841. Modernization of acquisition processes to ensure integrity of industrial base Section 2509 of title 10, United States Code is amended— (1) in subsection (a)— (A) by striking existing ; and (B) by striking across the acquisition process and all that follows through in the Department ; (2) by striking subsections (f) and (g); (3) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (4) by inserting after subsection (a) the following new subsection: (b) Objective The objective of subsection (a) shall be to employ digital tools, technologies, and approaches to ensure the accessibility of relevant defense industrial base data to key decision-makers in the Department. ; (5) in subsection (c), as so redesignated— (A) in paragraph (1), by adding in implementing subsections (a) and (b) before the period at the end; and (B) in paragraph (2)— (i) in subparagraph (A)(viii), by inserting by the Secretary of Defense before the period at the end; and (ii) in subparagraph (B)— (I) in the text preceding clause (i), by striking constitute and inserting constitutes or may constitute ; and (II) in clause (vii), by inserting by the Secretary of Defense before the period at the end; (6) in subsection (d)(11), as so redesignated, by adding as deemed appropriate by the Secretary before the period at the end; and (7) in subsection (e), as so redesignated— (A) in paragraph (1)— (i) in subparagraph (A), by striking timely ; and (ii) in subparagraph (B)— (I) by striking clause (ii) and inserting the following new clause: (ii) A description of modern data infrastructure, tools, and applications and an assessment of the extent to which new capabilities would improve the effectiveness and efficiency of mitigating the risks described in subsection (c)(2). ; and (II) in clause (iii), by inserting , including the following after provides data ; and (B) by striking paragraph (2) and inserting the following new paragraph: (2) (A) Based on the findings pursuant to paragraph (1), the Secretary of Defense shall develop a unified set of activities to modernize the systems of record, data sources and collection methods, and data exposure mechanisms. The unified set of activities should include— (i) the ability to continuously collect data on, assess, and mitigate risks; (ii) data analytics and business intelligence tools and methods; and (iii) continuous development and continuous delivery of secure software to implement the activities. (B) In connection with the assessments described in this section, the Secretary shall develop capabilities to map supply chains and to assess risks to the supply chain for major end items by business sector, vendor, program, part, and other metrics as determined by the Secretary.. 842. Modification to analyses of certain activities for action to address sourcing and industrial capacity Section 849 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking Not later than January 15, 2022, and inserting With respect to items listed in paragraphs (1) through (13) of subsection (c), not later than January 15, 2022, and with respect to items listed in paragraphs (14) through (19) of such subsection, not later than January 15, 2023, ; and (B) in paragraph (2)— (i) by striking The Secretary of Defense and inserting With respect to items listed in paragraphs (1) through (13) of subsection (c), during the 2022 calendar year, and with respect to items listed in paragraphs (14) through (19) of such subsection, during the 2023 calendar year ; and (ii) by striking submitted during the 2022 calendar year ; and (2) in subsection (c), by adding at the end the following new paragraphs: (14) Beef products. (15) Molybdenum and molybdenum alloys. (16) Optical transmission equipment, including optical fiber and cable equipment. (17) Armor on tactical ground vehicles. (18) Graphite processing. (19) Advanced AC–DC power converters.. 843. Assuring integrity of overseas fuel supplies (a) In general Before awarding a contract to an offeror for the supply of fuel for any overseas contingency operation, the Secretary of Defense shall— (1) ensure, to the maximum extent practicable, that no otherwise responsible offeror is disqualified for such award on the basis of an unsupported denial of access to a facility or equipment by the host nation government; and (2) require assurances that the offeror will comply with the requirements of subsections (b) and (c). (b) Requirement An offeror for the supply of fuel for any overseas contingency operation shall— (1) certify that the provided fuel, in whole or in part, or derivatives of such fuel, is not sourced from a nation or region prohibited from selling petroleum to the United States; and (2) furnish such records as are necessary to verify compliance with such anticorruption statutes and regulations as the Secretary determines necessary, including— (A) the Foreign Corrupt Practices Act ( 15 U.S.C. 78dd–1 et seq. ); (B) the regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the International Traffic in Arms Regulations ); (C) the regulations contained in parts 730 through 774 of title 15, Code of Federal Regulations, or successor regulations (commonly known as the Export Administration Regulations ); and (D) such regulations as may be promulgated by the Office of Foreign Assets Control of the Department of the Treasury. (c) Applicability Subsections (a) and (b) of this section shall apply with respect to contracts entered into on or after the date of the enactment of this Act. (d) Consideration of tradeoff processes If the Secretary of Defense awards a contract for fuel procurement for an overseas contingency operation, the contracting officer for such contract shall consider tradeoff processes (as described in subpart 15 of the Federal Acquisition Regulation, or any successor regulation), including consideration of past performance evaluation, cost, anticorruption training, and compliance. With respect to any such contract awarded for which the contracting officer does not consider tradeoff processes, the contracting officer shall, before issuing a solicitation for such contract, submit to the Secretary a written justification for not considering tradeoff processes in awarding such contract. 844. Assessment of requirements for certain items to address supply chain vulnerabilities (a) Definitions In this section, the term dual-use has the meaning given in section 2500 of title 10, United States Code. (b) Assessment The Secretary of Defense shall assess the requirements of the Department of Defense for dual-use items covered by section 2533a of title 10, United States Code. (c) Policies The Secretary of Defense shall develop or revise and implement relevant policies to track and reduce fluctuations in supply chain forecasting and encourage predictable demand requirements for annual procurements of such dual-use items by the Office the Secretary of Defense, each military department, and the Defense Logistics Agency. (d) Report and briefings (1) Assessment report (A) In general Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the assessment conducted under subsection (b). (B) Form The report required by subparagraph (A) shall be submitted in an unclassified form, but may include a classified annex to the extent required to protect the national security of the United States. (2) Quarterly briefings (A) In general Not later than March 1, 2023, and quarterly thereafter until March 1, 2026, each Secretary of a military department and the Director of the Defense Logistics Agency shall brief the Under Secretary of Defense for Acquisition and Sustainment on the fluctuations in supply chain forecasting and demand requirements for each dual-use item covered by section 2533a of title 10, United States Code. (B) Documentation Each briefing under subparagraph (A) shall be accompanied by documentation regarding the particular points of discussion for that briefing, including the fluctuations described in such subparagraph, expressed as a percentage. 845. Department of Defense research and development priorities The Secretary of Defense shall cooperate with the Secretary of Energy to ensure that the priorities of the Department of Defense with respect to the research and development of alternative technologies to, and methods for the extraction, processing, and recycling of, critical minerals (as defined in section 2(b) of the National Materials and Minerals Policy, Research, and Development Act of 1980 ( 30 U.S.C. 1601(b) )) are considered and included where feasible in the associated research and development activities funded by the Secretary of Energy pursuant to the program established under paragraph (g) of section 7002 of division Z of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). 846. Report on the Manufacturing Engineering Education Program (a) Report required Not later than March 1, 2023, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a report on the Manufacturing Engineering Education Program established under section 2196 of title 10, United States Code (referred to in this section as the Program ). (b) Elements The report required under subsection (a) shall include the following elements for the Program: (1) A summary of activities conducted, and grants or awards made, during the previous fiscal year. (2) The extent to which the Program can be modified to improve collaboration among institutions of higher education, career and technical education programs, workforce development boards, labor organizations, and organizations representing defense industrial base contractors to focus on career pathways for individuals seeking careers in manufacturing. (3) An assessment of the benefits and costs of enhancing or expanding the Program to include individuals attending secondary schools and career and technical education programs not considered institutions of higher education. (4) Recommendations for legislative changes or other incentives that could improve career pathways for individuals seeking careers in manufacturing, particularly in support of the defense industrial base. (5) Other related matters the Secretary deems appropriate. (c) Definitions In this section: (1) The term career and technical education has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) The term defense industrial base contractor means a prime contractor or subcontractor (at any tier) in the defense industrial base. (3) The term institution of higher education has the meaning given such term in section 1001 of title 20, United States Code. (4) The term labor organization has the meaning given such term in section 2 of the National Labor Relations Act (29 14 U.S.C. 152 ). (5) The term workforce development board means a State board or a local board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries (a) Plan The Secretary of Defense, in consultation with the Secretary of State, shall develop and implement a plan to— (1) reduce the reliance of the United States on services, supplies, or materials obtained from sources located in geographic areas controlled by covered countries; and (2) mitigate the risks to national security and the defense supply chain arising from the reliance of the United States on such sources for services, supplies, or materials to meet critical defense requirements. (b) Report Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the plan required under subsection (a). (c) Covered country defined In this section, the term covered country means North Korea, China, Russia, and Iran. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region (a) Prohibition on the availability of funds for certain procurements from XUAR None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a poverty alleviation or pairing assistance program. (b) Rulemaking Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to require a certification from offerors for contracts with the Department of Defense stating the offeror has made a good faith effort to determine that forced labor from XUAR, as described in subsection (a), was not or will not be used in the performance of such contract. (c) Definitions In this section: (1) The term forced labor means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily. (2) The term person means— (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or (B) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A). (3) The term XUAR means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China. 851. Modifications to printed circuit board acquisition restrictions (a) In general Section 2533d of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking January 1, 2023 and inserting the date determined under paragraph (3) ; and (B) by adding at the end the following new paragraph: (3) Paragraph (1) shall take effect on January 1, 2027. ; (2) in subsection (c)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting specified type of after means any ; (ii) in subparagraph (A), by striking (as such terms are defined under sections 103 and 103a of title 41, respectively) ; and (iii) by amending subparagraph (B) to read as follows: (B) is a component of— (i) a defense security system; or (ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired. ; and (B) by adding at the end the following new paragraphs: (4) Commercial product; commercial service; commercially available off-the shelf item The terms commercial product , commercial service , and commercially available off-the-shelf item have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively. (5) Defense security system (A) The term defense security system means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which— (i) involves command and control of an armed force; (ii) involves equipment that is an integral part of a weapon or weapon system; or (iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions. (B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). (6) Specified type The term specified type means a printed circuit board that is— (A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and (B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2). ; and (3) by amending subsection (d) to read as follows: (d) Rulemaking (1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if— (A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems; including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2302 note); and (B) either— (i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or (ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense. (2) The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a specified type if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section. (3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items.. (b) Modification of independent assessment of printed circuit boards Section 841(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1)— (A) by striking the date of enactment of this Act and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; (B) by striking shall seek to enter and inserting shall enter ; (C) by striking to include printed circuit boards in commercial products or services, or in and inserting to include printed circuit boards in other commercial or ; and (D) by striking the scope of mission critical and all that follows through the period at the end and inserting types of systems, other than defense security systems (as defined in section 2533d(c) of title 10, United States Code), that should be subject to the prohibition in section 2533d(a) of title 10, United States Code. ; (2) in the heading for paragraph (2), by striking department of defense and inserting Department of Defense ; (3) in paragraph (2), by striking one year after entering into the contract described in paragraph (1) and inserting January 1, 2023 ; (4) in the heading for paragraph (3), by striking congress and inserting Congress ; and (5) in paragraph (3), by inserting after the recommendations of the report. the following: The Secretary shall use the report to determine whether any systems, other than defense security systems (as defined in section 2533d(c) of title 10, United States Code), or other types of printed circuit boards should be subject to the prohibition in section 2533d(a) of title 10, United States Code.. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries Section 851 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1510; 10 U.S.C. 2283 note) is amended to read as follows: 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries (a) Establishment The Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces. (b) Funds (1) In general The funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act ( 15 U.S.C. 638(f) ). (2) Limitations (A) Fiscal year A covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to such section 9(f) for a fiscal year. (B) Aggregate amount The aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000. (c) Partnership intermediaries (1) Authorization The Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns. (2) Limitation None of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program. (3) Data With respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the— (A) staffing structure; (B) funding sources; and (C) methods for identifying and evaluating small business concerns eligible for a covered award. (d) Report (1) Annual report Not later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including— (A) a description of each agreement with a partnership intermediary entered into pursuant to this section; (B) for each covered award made under this section— (i) a description of the role served by the partnership intermediary; (ii) the amount of funds obligated; (iii) an identification of the small business concern that received such covered award; (iv) a description of the use of such covered award; (v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and (vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and (C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces. (2) Final report The final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding— (A) whether and for how long the pilot program established under this section should be extended; and (B) whether to increase funding for the pilot program, including a justification for such an increase. (e) Termination The authority to carry out a pilot program under this section shall terminate on September 30, 2025. (f) Definitions In this section: (1) The term covered award means an award made under the Small Business Innovation Research Program. (2) The term covered entity means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; (E) the Space Force; and (F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program. (3) The term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3715(c) ). (4) The term small business concern has the meaning given the term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (5) The term Small Business Innovation Research Program has the meaning given the term in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (6) The term technology-enhanced capability means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.. 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries (a) Establishment The Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces. (b) Funds (1) In general The funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act ( 15 U.S.C. 638(f) ). (2) Limitations (A) Fiscal year A covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to such section 9(f) for a fiscal year. (B) Aggregate amount The aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000. (c) Partnership intermediaries (1) Authorization The Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns. (2) Limitation None of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program. (3) Data With respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the— (A) staffing structure; (B) funding sources; and (C) methods for identifying and evaluating small business concerns eligible for a covered award. (d) Report (1) Annual report Not later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including— (A) a description of each agreement with a partnership intermediary entered into pursuant to this section; (B) for each covered award made under this section— (i) a description of the role served by the partnership intermediary; (ii) the amount of funds obligated; (iii) an identification of the small business concern that received such covered award; (iv) a description of the use of such covered award; (v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and (vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and (C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces. (2) Final report The final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding— (A) whether and for how long the pilot program established under this section should be extended; and (B) whether to increase funding for the pilot program, including a justification for such an increase. (e) Termination The authority to carry out a pilot program under this section shall terminate on September 30, 2025. (f) Definitions In this section: (1) The term covered award means an award made under the Small Business Innovation Research Program. (2) The term covered entity means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; (E) the Space Force; and (F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program. (3) The term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3715(c) ). (4) The term small business concern has the meaning given the term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (5) The term Small Business Innovation Research Program has the meaning given the term in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (6) The term technology-enhanced capability means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission. 853. Additional testing of commercial e-commerce portal models Section 846(c) of the National Defense Authorization Act for Fiscal Year 2018 ( 41 U.S.C. 1901 note) is amended by adding at the end the following new paragraphs: (5) Additional testing Not later than 180 days after the date of the enactment of this paragraph, the Administrator shall— (A) begin testing commercial e-commerce portal models (other than any such model selected for the initial proof of concept) identified pursuant to paragraph (2); and (B) submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes— (i) a summary of the assessments conducted under paragraph (2) with respect to a commercial e-commerce portal model identified pursuant to such paragraph; (ii) a list of the types of commercial products that could be procured using models tested pursuant to subparagraph (A); (iii) an estimate of the amount that could be spent by the head of a department or agency under the program, disaggregated by type of commercial e-commerce portal model; and (iv) an update on the models tested pursuant to subparagraph (A) and a timeline for completion of such testing. (6) Report Upon completion of testing conducted under paragraph (5) and before taking any action with respect to the commercial e-commerce portal models tested, the Administrator of General Services shall submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of such testing that includes— (A) an assessment and comparison of commercial e-commerce portal models with respect to— (i) price and quality of the commercial products supplied by each commercial e-commerce portal model; (ii) supplier reliability and service; (iii) safeguards for the security of Government information and third-party supplier proprietary information; (iv) protections against counterfeit commercial products; (v) supply chain risks, particularly with respect to complex commercial products; and (vi) overall adherence to Federal procurement rules and policies; and (B) an analysis of the costs and benefits of the convenience to the Federal Government of procuring commercial products from each such commercial e-commerce portal model.. 854. Requirement for industry days and requests for information to be open to allied defense contractors (a) In general Not later than 90 days after the date of the enactment of this Act, each service acquisition executive shall implement a requirement that industry days and requests for information regarding acquisition programs and research and development efforts of the Department of Defense shall, to the maximum extent practicable, be open to defense contractors of the national technology and industrial base, including when such contractors are acting as subcontractors in partnership with a United States contractor, provided such access is granted only if the Secretary of Defense or the relevant Secretary concerned determines that there is reciprocal access for United States companies to equivalent information related to contracting opportunities in the associated country that is part of the national technology and industrial base. (b) Definitions In this section: (1) National technology and industrial base The term national technology and industrial base has the meaning given the term in section 2500 of title 10, United States Code. (2) Secretary concerned; service acquisition executive The terms Secretary concerned and service acquisition executive have the meanings given such terms in section 101(a) of title 10, United States Code. 855. Employment transparency regarding individuals who perform work in the People’s Republic of China (a) Disclosure requirements (1) Initial disclosures The Secretary of Defense shall require each covered entity to disclose to the Secretary of Defense if the entity employs one or more individuals who will perform work in the People’s Republic of China on a covered contract when the entity submits a bid or proposal for such covered contract, except that such disclosure shall not be required to the extent that the Secretary determines that such disclosure would not be in the interest of national security. (2) Recurring disclosures For each of fiscal years 2023 and 2024, the Secretary of Defense shall require each covered entity that is a party to one or more covered contracts in the fiscal year to disclose to the Secretary if the entity employs one or more individuals who perform work in the People’s Republic of China on any such contract. (3) Matters to be included If a covered entity required to make a disclosure under paragraph (1) or (2) employs any individual who will perform work in the People’s Republic of China on a covered contract, such disclosure shall include— (A) the total number of such individuals who will perform work in the People’s Republic of China on the covered contracts funded by the Department of Defense; and (B) a description of the physical presence in the People’s Republic of China where work on the covered contract will be performed. (b) Funding for covered entities The Secretary of Defense may not award a covered contract to, or renew a covered contract with, a covered entity unless such covered entity has submitted each disclosure such covered entity is required to submit under subsection (a). (c) Semi-annual briefing Beginning on January 1, 2023, the Secretary of Defense shall provide to the congressional defense committees semi-annual briefings that summarize the disclosures received by the Department over the previous 180 days pursuant to this section, and such briefings may be classified. (d) Definitions In this section: (1) Covered contract The term covered contract means any Department of Defense contract or subcontract with a value in excess of $5,000,000, excluding contracts for commercial products or services. (2) Covered entity The term covered entity means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity, including any subsidiary thereof, performing work on a covered contract in the People’s Republic of China, including by leasing or owning real property used in the performance of the covered contract in the People’s Republic of China. (e) Effective date This section shall take effect on July 1, 2022. 856. Briefing on compliance with contractor lobbying restrictions (a) Briefing required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees with a briefing on the progress of the Department in ensuring compliance with the requirements of section 1045 of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 971 note prec; Public Law 115–91 ; 131 Stat. 155). (b) Elements The briefing required in paragraph (a) shall include— (1) the number, title, and status of any open Defense Federal Acquisition Regulation Supplement case relating to such section; (2) the timeline for closing any such Defense Federal Acquisition Regulation Supplement case; and (3) other related matters the Secretary deems appropriate. 857. Congressional oversight of personnel and contracts of private security contractors (a) Report on actions taken to implement Government Accountability Office recommendations Not later than October 1, 2022, the Secretary of Defense, in consultation with each Secretary of a military department (as defined in section 101 of title 10, United States Code), shall submit to the congressional defense committees a report on the efforts and plans of the Department of Defense to implement the recommendations contained in the report of the Government Accountability Office titled Private Security Contractors: DOD Needs to Better Identify and Monitor Personnel and Contracts (GAO–21–255), dated July 29, 2021. (b) Contents The report required by subsection (a) shall include— (1) a summary of the actions planned or taken by the Secretary of Defense to implement the recommendations in the report of the Government Accountability Office described in such subsection; and (2) a schedule for completing the implementation of each such recommendation, including specific milestones for such implementation. (c) Form The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold (a) In general Section 1908(b)(2) of title 41, United States Code, is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.. (b) Technical amendment Section 1908(d) of such title is amended by striking the period at the end. 862. Modification to the pilot program for streamlining awards for innovative technology projects (a) Extension Subsection (f) of section 873 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2306a note) is amended by striking October 1, 2022 and inserting October 1, 2024. (b) Data collection The Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under such section 873 for the purposes of— (1) developing and sharing best practices; and (2) providing information to the Secretary of Defense and Congress on the use of authority under such section 873 and related policy issues. (c) Recommendation on extension Not later than April 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a recommendation regarding a further extension of the pilot program for streamlining awards for innovative technology projects established under such section 873, and if applicable, the duration of any such extension. 863. Protests and appeals relating to eligibility of business concerns Section 5(i) of the Small Business Act ( 15 U.S.C. 634(i) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: (4) Determinations regarding status of concerns (A) In general Not later than 2 days after the date on which a final determination that a business concern does not meet the requirements of the status such concern claims to hold is made, such concern or the Administrator, as applicable, shall update the status of such concern in the System for Award Management (or any successor system). (B) Administrator updates If such concern fails to update the status of such concern as described in subparagraph (A), not later than 2 days after such failure the Administrator shall make such update. (C) Notification A concern required to make an update described under subparagraph (A) shall notify a contracting officer for each contract with respect to which such concern has an offer or bid pending of the determination made under subparagraph (A), if the concern finds, in good faith, that such determination affects the eligibility of the concern to perform such a contract.. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns Not later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue a rule authorizing the Office of Hearings and Appeals of the Administration to decide all appeals from formal protest determinations in connection with the status of a concern as a qualified HUBZone small business concern (as such term is defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ). 865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program (a) In general Not later than 10 days after the date on which the budget of the President for fiscal years 2022 through 2032 is submitted to Congress pursuant to section 1105 of title 31, United States Code, each Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on unfunded priorities of the Department of Defense related to high-priority Small Business Innovation Research and Small Business Technology Transfer projects. (b) Elements (1) In general Each report under subsection (a) shall include identification of not more than five unfunded priority projects and the following information for each such unfunded priority project: (A) A summary description of the unfunded priority project, including the objectives to be achieved if such project were to be funded (either in whole or in part). (B) The additional amount of funds recommended to achieve the objectives identified under subparagraph (A). (C) Account information with respect to such unfunded priority project, including, as applicable, the following: (i) Line item number, in the case of applicable procurement accounts. (ii) Program element number, in the case of applicable research, development, test, and evaluation accounts. (iii) Subactivity group, in the case of applicable operation and maintenance accounts. (2) Priority Each Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall ensure that the unfunded priorities covered by a report submitted under subsection (a) are listed in the order of urgency of priority. (c) Definitions In this section: (1) Unfunded priority The term unfunded priority , with respect to a fiscal year, means a specific project related to a project successfully funded under Phase II of the Small Business Innovation Research or Small Business Technology Transfer program that— (A) is not funded in the budget of the President for that fiscal year, as submitted to Congress pursuant to section 1105 of title 31, United States Code; (B) has the potential to— (i) advance the national security capabilities of the United States; (ii) provide new technologies or processes, or new applications of existing technologies or processes, that will enable new alternatives to existing programs; and (iii) provide future cost savings; and (C) would have been recommended for funding through the budget referred to in subparagraph (A) if— (i) additional resources had been available to fund the program, activity, or mission requirement to which the specific project relates; or (ii) the program, activity, or mission requirement for such specific project had emerged before the budget was formulated. (2) Phase II; Small Business Innovation Research; Small Business Technology Transfer The terms Phase II , Small Business Innovation Research , and Small Business Technology Transfer have the meanings given such terms, respectively, in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). 866. Report on Cybersecurity Maturity Model Certification effects on small business Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report on the effects of the Cybersecurity Maturity Model Certification framework of the Department of Defense on small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ), including— (1) the estimated costs of complying with each level of the framework based on verified representative samples of actual costs of compliance small business concerns and an explanation of how these costs will be recoverable by such small business concerns; (2) the estimated change in the number of small business concerns that are part of the defense industrial base resulting from the implementation and use of the framework; (3) explanations of how the Department of Defense will— (A) mitigate negative effects to such small business concerns resulting from the implementation and use of the framework; (B) ensure small business concerns are trained on the requirements for passing a third-party assessment, self-assessment, or Government-assessment, as applicable, for compliance with the relevant level of the framework; and (C) work with small business concerns and nontraditional defense contractors (as defined under section 2302 of title 10, United States Code) to enable such concerns and contractors to bid on and win contracts with the Department without first having to risk funds on costly security certifications; and (4) the plan of the Department for conducting oversight of third parties conducting assessments of compliance with the applicable protocols under the framework. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards (a) Definitions In this section, the terms Phase I , Phase II , Phase III , SBIR , and STTR have the meanings given those terms in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (b) Data on Phase III awards Each Secretary of a military department (as defined in section 101 of title 10, United States Code) shall collect and submit to the President for inclusion in each budget submitted to Congress under section 1105 of title 31, United States Code, data on the Phase III awards under the SBIR and STTR programs of the military department of the Secretary for the immediately preceding fiscal year, including— (1) the cumulative funding amount for Phase III awards; (2) the number of Phase III award topics; (3) the total funding obligated for Phase III awards by State; (4) the original Phase I or Phase II award topics and the associated Phase III contracts awarded; (5) where possible, an identification of the specific program executive office involved in each Phase III transition; and (6) a list of the five highest performing projects, as determined by the Secretary. 871. Mission management pilot program (a) In general Subject to the availability of appropriations, the Secretary of Defense shall establish a pilot program to identify lessons learned and improved mission outcomes achieved by quickly delivering solutions that fulfill critical operational needs arising from cross-service missions undertaken by combatant commands through the use of a coordinated and iterative approach to develop, evaluate, and transition such solutions. (b) Missions selection (1) In general Except as provided in paragraph (3), the Deputy Secretary of Defense shall select missions with respect to which to carry out the pilot program. (2) Selection criteria When selecting missions under paragraph (1), the Deputy Secretary of Defense shall— (A) select missions with critical cross-service operational needs; and (B) consider— (i) the strategic importance of the critical cross-service operational needs to the operational plans of the relevant combatant commands; and (ii) the advice of key stakeholders, including the Joint Staff, regarding mission selection. (3) Initial mission (A) In general Not later than four months after the date of the enactment of this section, the Director of the Strategic Capabilities Office shall select the initial mission under the pilot program that has critical cross-service operational needs and which is of strategic importance to the operational plans of the United States Indo-Pacific Command. (B) Responsibility The mission selected under subparagraph (A) shall be established within the Strategic Capabilities Office of the Department of Defense, in coordination with the Office of the Under Secretary of Defense for Research and Engineering. (C) Mission selection approval The mission selected by the Director of the Strategic Capabilities Office under subparagraph (A) shall be subject to the approval of the Technology Cross-Functional Team of the Strategic Capabilities Office that is chaired by the Under Secretary of Defense for Research and Engineering. (c) Mission managers (1) In general A mission manager shall carry out the pilot program with respect to each mission. (2) Responsibilities With respect to each mission, the relevant mission manager shall— (A) identify critical cross-service, cross-program, and cross-domain operational needs by enumerating the options available to the combatant command responsible for carrying out such mission and determining the resiliency of such options to threats from adversaries; (B) in coordination with the military services and appropriate Defense Agencies and Field Activities, develop and deliver solutions, including software and information technology solutions and other functionalities unaligned with any one weapon system of a covered Armed Service, to— (i) fulfill critical cross-service, cross-program, and cross-domain operational needs; and (ii) address future changes to existing critical cross-service, cross-program, and cross-domain operational needs by providing additional capabilities; (C) work with the combatant command responsible for such mission and the related planning organizers, program managers of a covered Armed Force, and defense research and development activities to carry out iterative testing and support to initial operational fielding of the solutions described in subparagraph (B); (D) conduct research, development, test, evaluation, and transition support activities with respect to the delivery of the solutions described in subparagraph (B); (E) seek to integrate existing, emerging, and new capabilities available to the Department of Defense in the development of the solutions described in subparagraph (B), including by incenting and working with program managers of a covered Armed Force; and (F) provide to the Deputy Secretary of Defense mission management activity updates and reporting on the use of funds under the pilot program with respect to such mission. (3) Appointment Each mission selected under subsection (b) shall have a mission manager— (A) appointed at the time of mission approval; and (B) who may be from any suitable organization, except that the mission manager with respect the initial mission under (b)(3) shall be the Director of the Strategic Capabilities Office. (4) Iterative approach The mission manager shall, to the extent practicable, carry out the pilot program with respect to each mission selected under subsection (b) by integrating existing, emerging, and new military capabilities, and managing a portfolio of small, iterative development and support to initial operational fielding efforts. (5) Other program management responsibilities The activities undertaken by the mission manager with respect to a mission, including mission management, do not supersede or replace the program management responsibilities of any other individual that are related to such missions. (d) Data collection requirement The Deputy Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of— (1) developing and sharing best practices for applying emerging technology and supporting new operational concepts to improve outcomes on key military missions and operational challenges; and (2) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues. (e) Assessments During the five-year period beginning on the date of the enactment of this Act, the Deputy Secretary of Defense shall regularly assess— (1) the authorities required by the mission managers to effectively and efficiently carry out the pilot program with respect to the missions selected under subsection (b); and (2) whether the mission managers have access to sufficient funding to carry out the research, development, test, evaluation, and support to initial operational fielding activities required to deliver solutions fulfilling the critical cross-service, cross-program, and cross-domain operational needs of the missions. (f) Briefings (1) Semiannual briefing (A) In general Not later than July 1, 2022, and every six months thereafter until the date that is five years after the date of the enactment of this Act, the mission manager shall provide to the congressional defense committees a briefing on the progress of the pilot program with respect to each mission selected under subsection (b), the anticipated mission outcomes, and the funds used to carry out the pilot program with respect to such mission. (B) Initial briefing The Deputy Secretary of Defense shall include in the first briefing submitted under subparagraph (A) a briefing on the implementation of the pilot program, including— (i) the actions taken to implement the pilot program; (ii) an assessment of the pilot program; (iii) requests for Congress to provide authorities required to successfully carry out the pilot program; and (iv) a description of the data plan required under subsection (d). (2) Annual briefing Not later than one year after the date on which the pilot program is established, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a briefing on the pilot program, including— (A) the data collected and analysis performed under subsection (d); (B) lessons learned; (C) the priorities for future activities of the pilot program; and (D) such other information as the Deputy Secretary determines appropriate. (3) Recommendation Not later than two years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to Congress a briefing on the recommendations of the Deputy Secretary with respect to the pilot program and shall concurrently submit to Congress— (A) a written assessment of the pilot program; (B) a written recommendation on continuing or expanding the mission integration pilot program; (C) requests for Congress to provide authorities required to successfully carry out the pilot program; and (D) the data collected and analysis performed under subsection (d). (g) Transition Beginning in fiscal year 2025, the Deputy Secretary of Defense may transition responsibilities for research, development, test, evaluation, and support to initial operational fielding activities started under the pilot program to other elements of the Department for purposes of delivering solutions fulfilling critical cross-service, cross-program, and cross-domain operational needs. (h) Termination date The pilot program shall terminate on the date that is five years after the date of the enactment of this Act. (i) Rule of construction Nothing in this section shall be construed as providing any authority not otherwise provided by law to procure, or enter agreements to procure, any goods, materials, or services. (j) Definitions In this section: (1) Covered armed force The term covered Armed Force means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; or (E) the Space Force. (2) Cross-functional teams of the strategic capabilities office The term Cross-Functional Teams of the Strategic Capabilities Office means the teams established in the Strategic Capabilities Office of the Department of Defense pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1277; 10 U.S.C. 132 note). (3) Cross-service The term cross-service means pertaining to multiple covered Armed Forces. (4) Cross-domain The term cross-domain means pertaining to multiple operational domains of land, maritime, air, space, and cyberspace. (4) Cross-service operational need The term cross-service operational need means an operational need arising from a mission undertaken by a combatant command which involves multiple covered Armed Forces. (5) Defense agency; military department The terms Defense Agency and military department have the meanings given such terms in section 101(a) of title 10, United States Code. (6) Field activity The term Field Activity has the meaning given the term Department of Defense Field Activity in section 101(a) of title 10, United States Code. (7) Mission management The term mission management means the integration of materiel, digital, and operational elements to improve defensive and offensive options and outcomes for a specific mission or operational challenge. (8) Pilot program The term pilot program means the pilot program established under subsection (a). 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps (a) In general The Secretary of Defense shall establish, within the Strategic Capabilities Office of the Office of the Secretary of Defense, not fewer than two mission-oriented integration pilot programs with the objective of closing significant capabilities gaps by developing and implementing capabilities and by synchronizing and integrating missions across covered Armed Forces and Defense Agencies. (b) Elements The pilot programs established under subsection (a) shall— (1) seek to address specific outstanding operational challenges of high importance to the operational plans of the United States Indo-Pacific Command and the United States European Command; (2) be designed to leverage industry cost sharing by using sources such as private equity and venture capital funding to develop technologies and overall capabilities that resolve significant capability gaps for delivery to the Department of Defense, as a product or as a service; (3) not later than three years after the date on which the pilot program commences, demonstrate the efficacy of the solutions being developed under the pilot program; (4) deliver an operational capability not later than five years after the pilot program commences; (5) provide an operationally relevant solution for— (A) (i) maintaining resilient aircraft operations in and around Guam in the face of evolving regional threats, including large salvo supersonic and hypersonic missile threats; or (ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command or the United States European Command; and (B) (i) providing a resilient logistic and resupply capability in the face of evolving regional threats, including operations within an anti-access-area denial environment; or (ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command; and (6) incorporate— (A) existing and planned Department of Defense systems and capabilities to achieve mission objectives; and (B) to the extent practicable, technologies that have military applications and the potential for nonmilitary applications. (c) Role of strategic capabilities office (1) In general With respect to the pilot programs established under subsection (a), the Director of the Strategic Capabilities Office, in consultation with the Under Secretary of Defense for Research and Engineering, shall— (A) assign mission managers or program managers— (i) to coordinate and collaborate with entities awarded contracts or agreements under the pilot program, parties to cost sharing agreements for such awarded contracts or agreements, combatant commands, and military departments to define mission requirements and solutions; and (ii) to coordinate and monitor pilot program implementation; (B) provide technical assistance for pilot program activities, including developing and implementing metrics, which shall be used— (i) to assess each operational challenge such pilot programs are addressing; and (ii) to characterize the resilience of solutions being developed under the pilot programs to known threats and single points of failure; (C) provide operational use case expertise to the entities awarded contracts or agreements under the pilot program and parties to cost sharing agreements for such awarded contracts or agreements; (D) serve as the liaison between the Armed Forces, the combatant commanders, and the participants in the pilot programs; and (E) use flexible acquisition practices and authorities, including— (i) the authorities under section 2371 and 2371b of title 10, United States Code; (ii) payments for demonstrated progress; (iii) authorities under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ); and (iv) other acquisition practices that support efficient and effective access to emerging technologies and capabilities, including technologies and capabilities from companies funded with private investment. (2) Reports to congress Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of the Strategic Capabilities Office shall submit to the congressional defense committees a report on the pilot programs. (d) Additional authorities The Secretary of Defense shall assess authorities required for such mission managers and program managers to effectively and efficiently fulfill their responsibilities under the pilot programs, including the delegation of personnel hiring and contracting authorities. (e) Data The Secretary of Defense shall establish mechanisms to collect and analyze data on the implementation of the pilot programs for the purposes of— (1) developing and sharing best practices for achieving goals established for the pilot programs; and (2) providing information to the Secretary and the congressional defense committees on— (A) the implementation of the pilot programs; and (B) related policy issues. (f) Recommendations Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a recommendation with respect to continuing or expanding the pilot program. (g) Transition of pilot program responsibilities Beginning in fiscal year 2025, the Secretary may transition the responsibility for the pilot programs to another organization. (h) Definitions In this section: (1) Covered Armed Force The term covered Armed Force means— (A) the Army; (B) the Navy; (C) the Air Force; (D) the Marine Corps; or (E) the Space Force. (2) Defense Agency The term Defense Agency has the meaning given such term in section 101(a) of title 10, United States Code. (3) Mission manager The term mission manager means an individual that, with respect to a mission under a pilot program established under subsection (a), shall have the responsibilities described in subparagraphs (B) through (F) of section 871(c)(2) of this Act. 873. Independent study on acquisition practices and policies (a) Study required Not later than March 30, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center under which such center shall conduct a study on the acquisition practices and policies described in subsection (b). (b) Study elements The study required under subsection (a) shall identify the knowledge and tools needed for the acquisition workforce of the Department of Defense to— (1) engage in acquisition planning practices that assess the cost, resource, and energy preservation differences resulting from selecting environmentally preferable goods or services when identifying requirements or drafting statements of work; (2) engage in acquisition planning practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including— (A) technical specifications that establish performance levels for goods and services to diminish greenhouse gas emissions; (B) statements of work or specifications restricted to environmentally preferable goods or services where the quality, availability, and price is comparable to traditional goods or services; (C) engaging in public-private partnerships to design, build, and fund resilient, low-carbon infrastructure; (D) collaborating with local jurisdictions surrounding military installations, with a focus on reducing environmental costs; and (E) technical specifications that consider risk to supply chains from extreme weather and changes in environmental conditions; (3) employ source selection practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including— (A) considering resilience, low-carbon, or low-toxicity criteria as competition factors on the basis of which the award is made in addition to cost, past performance, and quality factors; (B) using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency; (C) evaluating the veracity of certifications and labels purporting to convey information about the environmental impact of a good or service; and (D) considering the costs of a good or service that will be incurred throughout its lifetime, including operating costs, maintenance, end of life costs, and residual value, including costs resulting from the carbon dioxide and other greenhouse gas emissions associated with the good or service; and (4) consider external effects, including economic, environmental, and social, arising over the entire life cycle of an acquisition when making acquisition planning and source selection decisions. (c) Submission to Department of Defense Not later than one year after the date of the enactment of this Act, the federally funded research and development center that conducts the study under subsection (a) shall submit to the Secretary of Defense a report on the results of the study in an unclassified form but may include a classified annex. (d) Submission to Congress Not later than 30 days after the date on which the Secretary of Defense receives the report under subsection (c), the Secretary shall submit to the congressional defense committees an unaltered copy along with any comments the Secretary may have with respect to the report. (e) Definitions In this section: (1) The term environmentally preferable , with respect to a good or service, means that the good or service has a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose or achieve the same or substantially similar result. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the good or service. (2) The term resource-efficient goods and services means goods and services— (A) that use fewer resources than competing goods and services to serve the same purposes or achieve the same or substantially similar result as such competing goods and services; and (B) for which the negative environmental impacts across the full life cycle of such goods and services are minimized. 874. Pilot program to incentivize contracting with employee-owned businesses (a) Qualified business wholly-owned through an Employee Stock Ownership Plan defined The term qualified businesses wholly-owned through an Employee Stock Ownership Plan means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of such Code). (b) Pilot program to Use Noncompetitive Procedures for certain follow-on contracts to Qualified Businesses Wholly-Owned Through an Employee Stock Ownership Plan (1) Establishment The Secretary of Defense may establish a pilot program to carry out the requirements of this section. (2) Follow-on contracts Notwithstanding the requirements of section 2304 of title 10, United States Code, and with respect to a follow-on contract for the continued development, production, or provision of products or services that are the same as or substantially similar to the products or services procured by the Department of Defense under a prior contract held by a qualified business wholly-owned through an Employee Stock Ownership Plan, the products or services to be procured under the follow-on contract may be procured by the Department of Defense through procedures other than competitive procedures if the performance of the qualified business wholly-owned through an Employee Stock Ownership Plan on the prior contract was rated as satisfactory (or the equivalent) or better in the applicable past performance database. (3) Limitation A qualified business wholly-owned through an Employee Stock Ownership Plan may have a single opportunity for award of a sole-source follow-on contract under this section, unless a senior contracting official (as defined in section 1737 of title 10, United States Code) approves a waiver of the requirements of this section. (c) Verification and reporting of qualified businesses wholly-owned through an employee stock ownership plan Under a pilot program established under this section, the Secretary of Defense shall establish procedures— (1) for businesses to verify status as a qualified businesses wholly-owned through an Employee Stock Ownership Plan for the purposes of this section by using existing Federal reporting mechanisms; (2) for a qualified businesses wholly-owned through an Employee Stock Ownership Plan to certify that not more than 50 percent of the amount paid under the contract will be expended on subcontracts, subject to such necessary and reasonable waivers as the Secretary may prescribe; and (3) to record information on each follow-on contract awarded under subsection (b), including details relevant to the nature of such contract and the qualified business wholly-owned through an Employee Stock Ownership Plan that received such contract, and to provide such information to the Comptroller General of the United States. (d) Data (1) In general If the Secretary of Defense establishes a pilot program under this section, the Secretary shall establish mechanisms to collect and analyze data on the pilot program for the purposes of— (A) developing and sharing best practices relating to the pilot program; (B) providing information to leadership and the congressional defense committees on the pilot program, including with respect to each qualified business wholly-owned through an Employee Stock Ownership Plan that received a follow-on contract under this section— (i) the size of such business; (ii) performance of the follow-on contract; and (iii) other information as determined necessary; and (C) providing information to leadership and the congressional defense committees on policy issues related to the pilot program. (2) Limitation The Secretary of Defense may not carry out the pilot program under this section before— (A) completing a data collection and reporting strategy and plan to meet the requirements of this subsection; and (B) submitting the strategy and plan to the congressional defense committees. (e) Sunset Any pilot program established under this section shall expire on the date that is five years after the date of the enactment of this Act. (f) Comptroller General report (1) In general Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on any individual and aggregate uses of the authority under a pilot program established under this section. (2) Elements The report under paragraph (1) shall include the following elements: (A) An assessment of the frequency and nature of the use of the authority under the pilot program. (B) An assessment of the impact of the pilot program in supporting the national defense strategy required under section 113(g) of title 10, United States Code. (C) The number of businesses that became qualified businesses wholly-owned through an Employee Stock Ownership Plan in order to benefit from the pilot program and the factors that influenced that decision. (D) Acquisition authorities that could incentivize businesses to become qualified businesses wholly-owned through an Employee Stock Ownership Plan, including an extension of the pilot program. (E) Any related matters the Comptroller General considers appropriate. 875. Guidance, training, and report on place of performance contract requirements (a) Guidance and training Not later than July 1, 2022, the Secretary of Defense shall— (1) issue guidance on covered contracts to ensure that, to the maximum extent practicable, the terms of such covered contract avoid specifying an unnecessarily restrictive place of performance for such covered contract; and (2) implement any necessary training for appropriate individuals relating to the guidance required under paragraph (1). (b) Report (1) In general Not later than July 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on covered contracts. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A description of the criteria that is considered when the Secretary specifies a particular place of performance in a covered contract. (B) The number of covered contracts awarded during each of fiscal years 2016 through 2020. (C) An assessment of the extent to which revisions to guidance or regulations related to the use of covered contracts could improve the effectiveness and efficiency of the Department of Defense, including a description of such revisions. (c) Covered contract defined In this section, the term covered contract means a contract for which the Secretary of Defense specifies the place of performance for such contract. 876. Notification of certain intergovernmental support agreements (a) Notification required During fiscal years 2022 and 2023, not less than 60 days before entering into an intergovernmental support agreement under section 2679 of title 10, United States Code, that is an exception to the requirements of chapter 85 of title 41, United States Code, the Secretary concerned shall submit, in writing, to the congressional defense committees a report including the following relating to such agreement: (1) The circumstances that resulted in the need to enter into an intergovernmental support agreement that included such exception. (2) The anticipated benefits of entering into such agreement that included such exception. (3) The anticipated impact on persons covered under such chapter 85 because of such exception. (4) The extent to which such agreement complies with applicable policies, directives, or other guidance of the Department of Defense. (b) Recommendations (1) In general The Secretary of Defense shall submit to the congressional defense committees, along with the budget request materials for fiscal year 2023, specific recommendations for modifications to the legislative text of subsection (a)(1) of section 2679 of title 10, United States Code, along with a rationale for any such modifications, to identify specific provisions of Federal contracting law appropriate for waiver or exemption to ensure effective use of intergovernmental support agreements under such section. (2) Budget request materials defined In this subsection, the term budget request materials means the materials submitted to Congress by the President under section 1105(a) of title 31, United States Code. (c) Briefing required Not later than 6 months after the date of enactment of this Act the Secretary of Defense shall provide to the congressional defense committees a briefing on activities taken to carry out the requirements of this section. (d) Policy required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to clarify the use of the authority under section 2679 of title 10, United States Code, including with respect to— (1) the application of other requirements of acquisition law and policy; and (2) chapter 85 of title 41, United States Code. (e) Secretary concerned defined In this section, the term Secretary concerned means— (1) the Secretary of the Army, with respect to matters concerning the Army; (2) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and (3) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force. 877. Report on requests for equitable adjustment in Department of the Navy (a) Report required Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report describing in detail the processing of requests for equitable adjustment by the Department of the Navy between October 1, 2011, and the date of the enactment of this Act, including progress by components within the Department of the Navy in complying with the covered directive. (b) Contents The report required under subsection (a) shall include, at a minimum, the following: (1) The number of requests for equitable adjustment submitted between October 1, 2011, and the date of the enactment of this Act. (2) The components within the Department of the Navy to which each such request was submitted. (3) The number of requests for equitable adjustment outstanding as of the date of the enactment of this Act. (4) The number of requests for equitable adjustment settled but not paid as of the date of the enactment of this Act, including a description of why each such request has not been paid. (5) A detailed explanation of the efforts by the Secretary of the Navy to ensure compliance of components within the Department of the Navy with the covered directive. (c) Covered directive defined In this section, the term covered directive means the directive of the Assistant Secretary of the Navy for Research, Development, and Acquisition, dated March 20, 2020, and titled (Intent and Direction) Withholds and Retentions During COVID-19 requiring— (1) payment to contractors of all settled requests for equitable adjustment; and (2) the expeditious resolution of all outstanding requests for equitable adjustment. 878. Military standards for armor materials in vehicle specifications (a) In general Not later than June 30, 2022, the Secretary of the Army shall establish technical specification standards for all metal and non-metal armor for incorporation into specifications for current and future armored vehicles developed or procured by the Department of the Army. (b) Report required (1) In general On the date on which the standards described in subsection (a) are established under such subsection, the Secretary of the Army shall submit to the congressional defense committees a report describing— (A) the establishment of such standards; and (B) the strategy for incorporating such standards as requirements for armored vehicles developed and procured by the Department of the Army. (2) Form The report required by paragraph (1) shall be in an unclassified form, but may include a classified annex. (c) Armored vehicle defined For purposes of this section, the term armored vehicle means a tracked or wheeled tactical vehicle incorporating armor in its manufacture. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions (a) Secretary of Defense Subsection (a) of section 113 of title 10, United States Code, is amended to read as follows: (a) (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.. (b) Assistant Secretary of Defense for special operations and low intensity conflict Section 138(b)(2)(A) of title 10, United States Code, is amended by inserting after the third sentence the following: A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.. (c) Secretary of the Army Section 7013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (d) Secretary of the Navy Section 8013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (e) Secretary of the Air Force Section 9013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven. (f) Technical corrections relating to other positions (1) Under Secretary of Defense (Comptroller) Section 135(a)(1) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (2) Under Secretary of Defense for personnel and readiness Section 136(a) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (3) Under Secretary of Defense for intelligence and security Section 137(a) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force. (g) Applicability The amendments made by subsections (a) through (e) shall apply with respect to appointments made on or after the date of the enactment of this Act. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity (a) Treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity (1) Transfer to chapter 8 Section 146 of title 10, United States Code, is transferred to subchapter I of chapter 8 of such title, inserted after section 197, and redesignated as section 198. (2) Treatment as Department of Defense Field Activity Section 198(a) of such title, as transferred and redesignated by subsection (a) of this subsection, is amended— (A) by striking in the Office of the Secretary of Defense an office to be known as the and inserting in the Department of Defense an ; and (B) by adding at the end the following: The Secretary shall designate the Office as a Department of Defense Field Activity pursuant to section 191, effective as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).. (3) Appointment of Director Such section 198 is further amended— (A) in subsection (b) in the matter preceding paragraph (1), by striking Under Secretary of Defense for Acquisition and Sustainment and inserting Secretary of Defense ; and (B) in subsection (c)(4), by striking Under Secretary of Defense for Acquisition and Sustainment and inserting Secretary. (4) Clerical amendments (A) Chapter 4 The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 146. (B) Chapter 8 The table of sections at the beginning of subtitle I of chapter 8 of such title is amended by inserting after the item relating to section 197 the following new item: 198. Office of Local Defense Community Cooperation.. (b) Limitation on involuntary separation of personnel No personnel of the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)), may be involuntarily separated from service with that Office during the one-year period beginning on the date of the enactment of this Act, except for cause. (c) Administration of programs Any program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall be administered by the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)). (d) Conforming repeal Section 905 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is repealed. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council (a) In general Section 181 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and (B) by inserting after paragraph (1) the following new paragraph: (2) increasing awareness of global trends, threats, and adversary capabilities to address gaps in joint military capabilities and validate joint requirements developed by the military departments; ; and (2) in subsection (d)(1)(D), by striking the period at the end and inserting the following: who shall serve as the Chief Technical Advisor to the Council and— (i) shall provide assistance in evaluating the technical feasibility of requirements under development; and (ii) shall identify options for expanding or generating new requirements based on opportunities provided by new or emerging technologies.. (b) Independent study (1) Study required The Secretary of Defense shall enter into an agreement with a covered entity to conduct an independent study assessing the role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. (2) Elements The study required by paragraph (1) shall include the following: (A) The current role and contribution of the Under Secretary of Defense for Research and Engineering to the Joint Requirements Oversight Council. (B) The extent to which the role of the Under Secretary on the Joint Requirements Oversight Council should be adjusted to further maximize Council outcomes as well as the additional resources, if any, such adjustments would require. (C) The extent to which the Under Secretary of Defense should provide additional views and recommendations on Joint Requirements Oversight Council preparations, deliberations, and outcomes. (D) Such other matters as the Secretary of Defense determines to be appropriate (3) Submission to Congress Not later than December 31, 2022, the Secretary shall submit to the congressional defense committees the results of the study required by paragraph (1). (4) Form The study required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (5) Covered entity defined In this subsection, the term covered entity means— (A) a federally funded research and development center; or (B) an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs. (c) Report on the role of the Under Secretary of Defense for Research and Engineering in the Joint Requirements Oversight Council (1) In general Not later than March 1, 2023, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a report on the recommendations of the Secretary of Defense on the extent to which adjustments to the role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council are warranted. The report shall include— (A) consideration of the findings of the study required by subsection (b); (B) the rationale for recommendations of the Secretary of Defense; and (C) a description of additional resources that may be required to support those recommendations. (2) Additional input The report may also include input from each member or advisor of the Joint Requirements Oversight Council. 904. Implementation of repeal of Chief Management Officer of the Department of Defense Section 901(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking , except that any officer or employee so designated may not be an individual who served as the Chief Management Officer before the date of the enactment of this Act. 905. Space Force organizational matters and modification of certain space-related acquisition authorities (a) Implementation date for Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs (1) Implementation date Section 957 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended— (A) in subsection (a), by striking Effective October 1, 2022, there shall be and inserting Effective on the date specified in subsection (d), there shall be ; (B) in subsection (b)— (i) in paragraph (1), by striking Effective as of October 1, 2022, and inserting Effective as of the date specified in subsection (d) ; and (ii) in paragraph (2), by striking as of October 1, 2022, and inserting as of the date specified in subsection (d) ; (C) in subsection (c)(3), by striking October 1, 2022 and inserting the date specified in subsection (d) ; and (D) by adding at the end the following new subsection: (d) Date specified The date specified in this subsection is a date determined by the Secretary of the Air Force that is not later than October 1, 2022.. (2) Conforming amendments (A) Transfer of acquisition projects for space systems and programs Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended— (i) by striking Effective October 1, 2022, and inserting Effective on the date specified in section 957(d), ; and (ii) by striking as of September 30, 2022 and inserting as of the day before the date specified in section 957(d). (B) Responsibilities of Assistant Secretary of the Air Force for Space Acquisition and Integration Section 9016(b)(6)(B)(vi) of title 10, United States Code, is amended by striking Effective as of October 1, 2022, in accordance with section 957 of that Act, and inserting Effective as of the date specified in section 957(d) of such Act, and in accordance with such section 957,. (b) Senior procurement executive authorities (1) Office of the Secretary of the Air Force Section 9014(c) of title 10, United States Code, is amended— (A) in paragraph (2), by striking The Secretary of the Air Force shall and inserting Subject to paragraph (6), the Secretary of the Air Force shall ; and (B) by inserting after paragraph (5) the following new paragraph: (6) Notwithstanding section 1702 of title 41, the Secretary of the Air Force may assign to the Assistant Secretary of the Air Force for Space Acquisition and Integration duties and authorities of the senior procurement executive that pertain to space systems and programs.. (2) Assistant Secretaries of the Air Force Section 9016(b)(6)(B)(vi) of title 10, United States Code, as amended by subsection (a)(2)(B) of this section, is further amended by inserting and discharge any senior procurement executive duties and authorities assigned by the Secretary of the Air Force pursuant to section 9014(c)(6) of this title after Space Systems and Programs. 906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program Section 932(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1580 note prec.) is amended— (1) in paragraph (2)— (A) by striking and each Under Secretary of Defense and Director of a Defense Agency who reports directly to the Secretary of Defense, and inserting , each Under Secretary of Defense, and other officials, as designated by the Secretary of Defense, within the Office of the Secretary of Defense (as defined in section 131 of title 10, United States Code) who report directly to the Secretary of Defense ; and (B) by striking or Director and inserting or official within the Office of the Secretary of Defense ; (2) in paragraph (3)— (A) by striking Under Secretaries and Directors and inserting Under Secretaries of Defense and other officials within the Office of the Secretary of Defense ; and (B) by striking Under Secretary, or Director and inserting Under Secretary of Defense, or other official within the Office of the Secretary of Defense ; and (3) in paragraph (7), by striking shall be on a first-come, first-served basis and inserting may require a minimum service agreement, as determined by the Secretary. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy (a) Requirements Section 1053 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 116–283 ; 10 U.S.C. 113 note) is amended by adding at the end the following new subsection: (f) Electromagnetic Spectrum Superiority Strategy (1) Designation (A) Requirement Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate. (B) Conditions relating to designation of Chief Information Officer (i) Certification The Secretary may not designate the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A) unless the Secretary has first included in the report under paragraph (3)(A) a certification that the Chief Information Officer has the expertise, authority, funding, and personnel to ensure the successful implementation of the electromagnetic spectrum superiority strategy. (ii) CAPE assessment If the Secretary designates the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A), not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees an evaluation of the ability of the Chief Information Officer to ensure the successful implementation of the electromagnetic spectrum superiority strategy, including, at a minimum, an evaluation of the expertise, authority, funding, and personnel of the Chief Information Officer. (2) Responsibilities The senior official designated under paragraph (1)(A) shall be responsible for the following: (A) Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development necessary to implement the electromagnetic spectrum superiority strategy. (B) Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and electromagnetic spectrum operations capabilities is properly aligned. (C) Evaluating whether the Department is effectively incorporating electromagnetic spectrum operations capabilities and considerations into current and future operational plans and concepts. (D) Such other matters relating to electromagnetic spectrum operations as the Secretary specifies for purposes of this paragraph. (3) Reports (A) Implementation report Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report on the implementation of the Electromagnetic Spectrum Superiority Strategy published in October 2020, including— (i) an evaluation of the additional personnel, resources, and authorities the Secretary determines will be needed by the senior official designated under paragraph (1)(A) who is responsible for implementing the electromagnetic spectrum superiority strategy; and (ii) a description of how the Secretary will ensure that such implementation will be successful. (B) Rules of engagement report Not later than 270 days after the date of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report that includes the following: (i) A review of the sufficiency of the authorities and rules of engagement of the Department of Defense relating to electromagnetic spectrum operations, in particular with respect to operating below the level of armed conflict short of or in advance of kinetic activity and to protect the Department from electronic attack and disruption. (ii) Recommended changes to the authorities or rules of engagement to ensure the Department can effectively compete, deter conflict, and maintain protection from electronic attack and disruption. (iii) Any other matters the Secretary determines relevant. (4) Semiannual briefings On a semiannual basis during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation of the electromagnetic spectrum superiority strategy. Each briefing shall include, at a minimum, the following: (A) An update on the efforts of the Department of Defense to— (i) achieve the strategic goals set out in the electromagnetic spectrum superiority strategy; and (ii) implement such strategy through various elements of the Department. (B) An identification of any additional authorities or resources relating to electromagnetic spectrum operations that the Secretary determines is necessary to implement the strategy. (5) Electromagnetic spectrum superiority strategy defined In this subsection, the term electromagnetic spectrum superiority strategy means the Electromagnetic Spectrum Superiority Strategy of the Department of Defense published in October 2020, and any such successor strategy.. (b) Clarification of cross-functional team plans Subsection (d)(2) of such section is amended by striking biennially thereafter and inserting biennially thereafter during the life of the cross-functional team established pursuant to subsection (c). (c) Transfer of certain provision Section 152 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is— (1) amended— (A) in subsection (a), by striking two years after the date of the enactment of this Act and in accordance with the plan developed pursuant to subsection (b) and inserting January 1, 2023, and in accordance with the plan developed pursuant to paragraph (2) ; (B) by striking paragraph (1) each place it appears and inserting subparagraph (A) ; (C) by striking subsection (a) each place it appears and inserting paragraph (1) ; (D) in subsection (b)(2)(D), by striking subsections (c) and (d) and inserting paragraphs (3) and (4) ; and (E) in subsection (e), by striking this section and inserting this subsection ; (2) transferred to such section 1053, redesignated as subsection (g) (including by redesignating its subsections as paragraphs, paragraphs as subparagraphs, and clauses as subclauses, respectively, and indenting such provisions accordingly) and added so as to appear after subsection (f), as added by subsection (a) of this section. 908. Management innovation activities (a) In general The Secretary of Defense shall carry out a set of activities to improve the effectiveness of management activities within the Department of Defense, with the goals of incorporating appropriate private sector management practices and technologies and enhancing the capabilities of the defense management workforce. (b) Management activities Subject to the total force management requirements under section 129a of title 10, United States Code, the activities carried out under subsection (a) may include the following: (1) Public-private partnerships with appropriate private sector and government organizations. (2) Personnel exchange programs with appropriate industry, academic, and government organizations to enhance the capabilities of the defense management workforce. (3) Research, development, and technology and business process prototyping activities to create new technological capabilities to support management missions, or development and testing of new management concepts and business transformation activities. (4) The designation of appropriate organizations to lead management innovation activities. (5) A process by which defense business process owners and other personnel of the Department of Defense can identify management and business process challenges and opportunities that could be addressed by activities carried out under this section. (6) Processes to develop, prototype, test, and field new business processes and practices to improve defense management capabilities. (7) Academic research and educational activities related to defense management missions to promote— (A) development of innovative management concepts; (B) analyses and addressing of appropriate management challenges; and (C) development of programs and activities to develop the defense management workforce. (8) Academic research and independent studies from federally funded research and development centers assessing lessons learned from previous Departmental management reform initiatives and whether legacy organizations exist and should be consolidated. (c) Plan required Not later than February 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a plan for carrying out the activities under this section. (d) Briefings (1) Initial briefing Not later than July 1, 2022, the Secretary of Defense shall provide to the congressional defense committees an initial briefing on the activities carried out and plans developed under this section. (2) Subsequent briefing On a date occurring after the briefing under paragraph (1), but not later than July 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on the activities carried out and plans developed under this section. 909. Digital talent recruiting officer (a) Digital talent recruiting for the Department of Defense (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall designate a chief digital recruiting officer within the office of the Under Secretary of Defense for Personnel and Readiness to carry out the responsibilities set forth in paragraph (2). (2) Responsibilities The chief digital recruiting officer shall be responsible for— (A) identifying Department of Defense needs for, and skills gaps in, specific types of civilian digital talent; (B) recruiting individuals with the skills that meet the needs and skills gaps identified under subparagraph (A), in partnership with the military departments and other organizations and elements of the Department; (C) ensuring Federal scholarship for service programs are incorporated into civilian recruiting strategies; (D) when appropriate and within authority granted under other Federal law, offering recruitment and referral bonuses; and (E) partnering with human resource teams in the military departments and other organizations and elements of the Department to help train all Department of Defense human resources staff on the available hiring flexibilities to accelerate the hiring of individuals with the skills that fill the needs and skills gaps identified under subparagraph (A). (3) Resources The Secretary of Defense shall ensure that the chief digital recruiting officer is provided with personnel and resources sufficient to carry out the duties set forth in paragraph (2). (4) Role of Chief Human Capital Officer (A) In general The chief digital recruiting officer shall report directly to the Chief Human Capital Officer of the Department of Defense. (B) Incorporation The Chief Human Capital Officer shall ensure that the chief digital recruiting officer is incorporated into the agency human capital operating plan and recruitment strategy. In carrying out this paragraph, the Chief Human Capital Officer shall ensure that the chief digital recruiting officer’s responsibilities are deconflicted with any other recruitment initiatives and programs. (b) Digital talent defined For the purposes of this section, the term digital talent includes positions and capabilities in, or related to, software development, engineering, and product management; data science; artificial intelligence; distributed ledger technologies; autonomy; data management; product and user experience design; and cybersecurity. (c) Annual briefing requirement Not later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the chief digital recruiting officer shall provide to the congressional defense committees a briefing on— (1) the efforts of the Department of Defense to recruit digital talent to positions in the Department; and (2) a summary of any accomplishments and challenges with respect to such recruiting. (d) Sunset The requirements under subsection (a) shall expire on September 30, 2025. 910. Cross-functional team for emerging threat relating to anomalous health incidents (a) Establishment Using the authority provided pursuant to section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note), the Secretary of Defense shall establish a cross-functional team to address national security challenges posed by anomalous health incidents (as defined by the Secretary) and ensure that individuals affected by anomalous health incidents receive timely and comprehensive health care and treatment pursuant to title 10, United States Code, for symptoms consistent with an anomalous health incident. (b) Duties The duties of the cross-functional team established under subsection (a) shall be— (1) to assist the Secretary of Defense with addressing the challenges posed by anomalous health incidents and any other efforts regarding such incidents that the Secretary determines necessary; and (2) to integrate the efforts of the Department of Defense regarding anomalous health incidents with the efforts of other departments or agency of the Federal Government regarding such incidents. (c) Team leadership The Secretary shall select an Under Secretary of Defense to lead the cross-functional team and a senior military officer to serve as the deputy to the Under Secretary so selected. (d) Determination of organizational roles and responsibilities The Secretary, in consultation with the Director of National Intelligence and acting through the cross-functional team established under subsection (a), shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to addressing anomalous health incidents, including the roles and responsibilities of the Office of the Secretary of Defense, the intelligence components of the Department, Defense agencies, Department of Defense field activities, the military departments, combatant commands, and the Joint Staff. (e) Briefings (1) Initial briefing Not later than 45 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on— (A) the progress of the Secretary in establishing the cross-functional team; and (B) the progress the team has made in— (i) determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect the cross-functional team; and (ii) carrying out the duties under subsection (b). (2) Updates Not later than 90 days after the date of the enactment of this Act, and once every 60 days thereafter during the one-year period following such date of enactment, the Secretary shall provide to the appropriate congressional committees a briefing containing updates with respect to the efforts of the Department regarding anomalous health incidents. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the congressional defense committees; and (2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. 911. Alignment of Close Combat Lethality Task Force (a) In general Beginning not later than 60 days after the date of the enactment of this Act, and continuing until the date on which the Secretary of Defense submits to the congressional defense committees the report described in subsection (b), the Secretary shall reinstate— (1) the initial alignment of the Close Combat Lethality Task Force so that the Task Force reports directly to the Secretary; and (2) the designation of the Task Force as a cross-functional team under section 911 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note). (b) Report described The report described in this subsection is a report on a proposed alternative alignment for the Close Combat Lethality Task Force that includes— (1) a description of— (A) how the proposed alternative alignment of the Task Force would— (i) facilitate the effective pursuit of, and support for, both materiel and non-materiel initiatives by the Task Force; (ii) maintain benefits for the Task Force similar to the benefits associated with reporting directly to the Secretary of Defense and designation as a cross-functional team; and (iii) ensure collaboration and support from the primary stakeholders in the Task Force, including the Army, the Marine Corps, and the United States Special Operations Command; and (B) how the Task Force would be funded and gain appropriate resourcing for cross-functional team initiatives supported by the Secretary; and (2) supporting analysis for the matters described in paragraph (1). (c) Exception Subsection (a) does not apply if the President submits to the congressional defense committees— (1) a certification that implementing that subsection would be detrimental to the defense interests of the United States; and (2) a justification for the certification. 912. Independent review of and report on the Unified Command Plan (a) Review required (1) In general The Secretary of Defense shall provide for an independent review of the current Unified Command Plan. (2) Elements The review required by paragraph (1) shall include the following: (A) An assessment of the most recent Unified Command Plan with respect to— (i) current and anticipated threats; (ii) deployment and mobilization of the Armed Forces; and (iii) the most current versions of the National Defense Strategy and Joint Warfighting Concept. (B) An evaluation of the missions, responsibilities, and associated force structure of each geographic and functional combatant command. (C) An assessment of the feasibility of alternative Unified Command Plan structures. (D) Recommendations, if any, for alternative Unified Command Plan structures. (E) Recommendations, if any, on refining the manner by which combatant commanders identify priority capabilities, gaps, and operational requirements and how the Department of Defense incorporates those identified elements into planning, programming, budgeting, execution, and modernization processes. (F) Recommendations, if any, for modifications to sections 161 through 169 of title 10, United States Code. (G) Any other matter the Secretary of Defense determines appropriate. (3) Conduct of review by independent entity (A) In general The Secretary of Defense shall— (i) seek to enter into an agreement with an entity described in subparagraph (B) to conduct the review required by paragraph (1); and (ii) ensure that the review is conducted independently of the Department of Defense. (B) Entity described An entity described in this subparagraph is— (i) a federally funded research and development center; or (ii) an independent, nongovernmental institute that— (I) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (II) is exempt from tax under section 501(a) of that Code; and (III) has recognized credentials and expertise in national security and military affairs. (b) Report to Congress (1) In general Not later than October 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the results of the review conducted under subsection (a). (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 913. Study and report on the role and organization of space assets in the reserve components (a) Study The Secretary of Defense shall conduct a study to determine the appropriate role and organization of space-related assets within the reserve components of the Armed Forces. (b) Report Not later than March 31, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a). (c) Elements The report under subsection (b) shall include the following: (1) The determinations of the Secretary of Defense with respect to the— (A) the organization and integration of space-related units within the reserve components of the Armed Forces; (B) the staffing of such units, including the recruitment and retention of personnel for such units (including any reserve units of the Space force); (C) the missions of such units; and (D) the operational requirements applicable to such units. (2) An analysis of— (A) the costs of establishing a Space National Guard in accordance with subtitle C of title IX of H.R. 4350, One Hundred Seventeenth Congress, as passed by the House of Representatives on September 23, 2021; and (B) how a Space National Guard established in accordance with such subtitle would operate as part of the reserve components. (3) Based on the analysis under paragraph (2), the recommendations of the Secretary with respect to the potential establishment of a Space National Guard. (4) If applicable, any savings or costs that may result from the preservation of the space-related force structures of the Air National Guard, as such force structures are in effect on the date of the enactment of this Act. 1001. General transfer authority (a) Authority to transfer authorizations (1) Authority Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2022 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000. (3) Exception for transfers between military personnel authorizations A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) Limitations The authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) Effect on authorization amounts A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to congress The Secretary shall promptly notify Congress of each transfer made under subsection (a). 1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund Section 166a(e)(1) of title 10, United States Code, is amended— (1) in subparagraph (A)— (A) by striking $20,000,000 and inserting $25,000,000 ; and (B) by striking $250,000 and inserting $300,000 ; (2) in subparagraph (B), by striking $10,000,000 and inserting $15,000,000 ; and (3) in subparagraph (C), by striking $5,000,000 and inserting $10,000,000. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller), in consultation with the Chief Information Officer and the Chief Data Officer of the Department of Defense, shall submit to the congressional defense committees a plan to consolidate the information technology systems used to manage data and support the planning, programming, budgeting, and execution process of the Department of Defense. The plan shall include the consolidation of such systems used by each of the military departments and such systems used by the Defense Agencies, and shall address the retirement or elimination of such systems. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform (a) Establishment (1) In general There is hereby established an independent commission in the legislative branch to be known as the Commission on Planning, Programming, Budgeting, and Execution Reform (in this section referred to as the Commission ). (2) Date of establishment The Commission shall be established not later 30 days after the date of the enactment of this Act. (b) Membership (1) Number and appointment The Commission shall be composed of 14 civilian individuals not employed by the Federal Government who are recognized experts and have relevant professional experience one or more of the following: (A) Matters relating to the planning, programming, budgeting, and execution process of the Department of Defense. (B) Innovative budgeting and resource allocation methods of the private sector. (C) Iterative design and acquisition process. (D) Budget or program execution data analysis. (2) Members The members shall be appointed as follows: (A) The Secretary of Defense shall appoint two members. (B) The Majority Leader and the Minority Leader of the Senate shall each appoint one member. (C) The Speaker of the House of Representatives and the Minority Leader shall each appoint one member. (D) The Chair and the Ranking Member of the Committee on Armed Services of the Senate shall each appoint one member. (E) The Chair and the Ranking Member of the Committee on Armed Services of the House of Representatives shall each appoint one member. (F) The Chair and the Ranking Member of the Committee on Appropriations of the Senate shall each appoint one member. (G) The Chair and the Ranking Member of the Committee on Appropriations of the House of Representatives shall each appoint one member. (3) Deadline for appointment Not later than 30 days after the date described in subsection (a)(2), members shall be appointed to the Commission. (4) Expiration of appointment authority The authority to make appointments under this subsection shall expire on the date described in subsection (a)(2), and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (c) Chair and Vice Chair The Commission shall elect a Chair and Vice Chair from among its members. (d) Period of appointment and vacancies Members shall be appointed for the term of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. (e) Purpose The purpose of the Commission is to— (1) examine the effectiveness of the planning, programming, budgeting, and execution process and adjacent practices of the Department of Defense, particularly with respect to facilitating defense modernization; (2) consider potential alternatives to such process and practices to maximize the ability of the Department of Defense to respond in a timely manner to current and future threats; and (3) make legislative and policy recommendations to improve such process and practices in order to field the operational capabilities necessary to outpace near-peer competitors, provide data and analytical insight, and support an integrated budget that is aligned with strategic defense objectives. (f) Scope and duties The Commission shall perform the following duties: (1) Compare the planning, programming, budgeting, and execution process of the Department of Defense, including the development and production of documents including the Defense Planning Guidance (described in section 113(g) of title 10, United States Code), the Program Objective Memorandum, and the Budget Estimate Submission, with similar processes of private industry, other Federal agencies, and other countries. (2) Conduct a comprehensive assessment of the efficacy and efficiency of all phases and aspects of the planning, programming, budgeting, and execution process, which shall include an assessment of— (A) the roles of Department officials and the timelines to complete each such phase or aspect; (B) the structure of the budget of Department of Defense, including the effectiveness of categorizing the budget by program, appropriations account, major force program, budget activity, and line item, and whether this structure supports modern warfighting requirements for speed, agility, iterative development, testing, and fielding; (C) a review of how the process supports joint efforts, capability and platform lifecycles, and transitioning technologies to production; (D) the timelines, mechanisms, and systems for presenting and justifying the budget of Department of Defense, monitoring program execution and Department of Defense budget execution, and developing requirements and performance metrics; (E) a review of the financial management systems of the Department of Defense, including policies, procedures, past and planned investments, and recommendations related to replacing, modifying, and improving such systems to ensure that such systems and related processes of the Department result in— (i) effective internal controls; (ii) the ability to achieve auditable financial statements; and (iii) the ability to meet other financial management and operational needs; and (F) a review of budgeting methodologies and strategies of near-peer competitors to understand if and how such competitors can address current and future threats more or less successfully than the United States. (3) Develop and propose recommendations to improve the effectiveness of the planning, programming, budgeting, and execution process. (g) Commission report and recommendations (1) Interim report Not later than February 6, 2023, the Commission shall submit to the Secretary of Defense and the congressional defense committees an interim report including the following: (A) An examination of the development of the documents described in subsection (f)(1). (B) An analysis of the timelines involved in developing an annual budget request and the future-years defense program (as described in section 221 of title 10, United States Code), including the ability to make changes to such request or such program within those timelines. (C) A review of the sufficiency of the civilian personnel workforce in the Office of the Secretary of Defense and the Office of Cost Assessment and Program Evaluation to conduct budgetary and program evaluation analysis. (D) An examination of efforts by the Department of Defense to develop new and agile programming and budgeting to enable the United States to more effectively counter near-peer competitors. (E) A review of the frequency and sufficiency of budget and program execution analysis, to include any existing data analytics tools and any suggested improvements. (F) Recommendations for internal reform to the Department relating to the planning, programming, budgeting, and execution process for the Department of Defense to make internally. (G) Recommendations for reform to the planning, programming, budgeting, and execution process that require statutory changes. (H) Any other matters the Commission considers appropriate. (2) Final report Not later than September 1, 2023, the Commission shall submit to the Secretary of Defense and the congressional defense committees a final report that includes the elements required under paragraph (1). (3) Briefings Not later than 180 days after the date specified in subsection (a)(2), and not later than 30 days after each of the interim and final reports are submitted, the Commission shall provide to the congressional defense committees a briefing on the status of the review and assessment conducted under subsection (f) and include a discussion of any interim or final recommendations. (4) Form The reports submitted to Congress under paragraphs (1) and (2) shall be submitted in unclassified form but may include a classified annex. (h) Government cooperation (1) Cooperation In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison The Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison between the Department and the Commission. (3) Detailees authorized The Secretary may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. (4) Facilitation (A) Independent, non-government institute Not later than 45 days after the date specified in subsection (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs, in order to facilitate the discharge of the duties of the Commission under this section. (B) Federally funded research and development center On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center in order to enhance the discharge of the duties of the Commission under this section. (i) Staff (1) Status as Federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Executive Director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services the travel expenses of experts or consultants, including transportation and per diem in lieu of subsistence, while such experts or consultants are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. (l) Legislative advisory committee The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). (m) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (n) Use of government information The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (o) Postal services The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (p) Space for use of commission Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (q) Removal of members A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. (r) Termination The Commission shall terminate 180 days after the date on which it submits the final report required by subsection (g)(2). 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 118 Stat. 2042), as most recently amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1577), is further amended— (1) in subsection (a)(1), by striking 2022 and inserting 2023 ; and (2) in subsection (c), by striking 2022 and inserting 2023. 1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities (a) Extension Subsection (b) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 271 note) is amended by striking 2022 and inserting 2027. (b) Conditions Subsection (d) of such section is amended— (1) by striking paragraph (1); (2) by striking (2); (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and (4) in paragraph (2), as so redesignated, by striking subparagraph (A) and inserting paragraph (1). 1011. Modification to annual naval vessel construction plan (a) In general Section 231 of title 10, United States Code, is amended— (1) in subsection (b)(2), by adding at the end the following new subparagraphs: (G) The expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year's plan. (H) A certification by the appropriate Senior Technical Authority designated under section 8669b of this title of the expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year's plan. (I) For each battle force ship planned to be inactivated during the five-year period beginning on the date of the submittal of the report, a description of the planned disposition of each such ship following such inactivation and the potential gaps in warfighting capability that will result from such ship being removed from service. ; and (2) in subsection (f), by adding at the end the following new paragraph: (6) The term expected service life means the number of years a naval vessel is expected to be in service.. (b) Repeal of termination of annual naval vessel construction plan Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note) is amended by striking paragraph (15). 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair (a) In general Chapter 805 title 10, United States Code, is amended by adding at the end the following new section: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (a) In general The Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the Deputy Commander ). (b) Qualifications The Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section. (c) Reporting The Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. (d) General responsibilities The Deputy Commander shall oversee— (1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; (2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts; (3) enforcement of requirements of such contracts to ensure satisfaction of all contractual obligations; (4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and (5) on-site quality assurance by the Government for such contracts, including inspections. (e) Non-Contract administration services functions The Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by overseeing the performance of the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters: (1) Project oversight, including the following: (A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command. (B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities. (C) Communicating with customers and higher authority regarding matters that may affect project execution. (D) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. (2) Technical authority, including the following: (A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer. (B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues. (f) Comprehensive contract management The Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of commercial entities awarded a contract described in subsection (d)(1) and subcontractors (at any tier). (g) Subcontractor audits The Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts— (1) that are valued at $50,000,000 or more; and (2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2). (h) Annual written assessment (1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the activities and results associated with the contracts for which the Deputy Commander oversees the designated contract administration office of the Department. (2) Each written assessment required by paragraph (1) shall include the following: (A) A summary of shipbuilding performance that— (i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity described in subsection (d)(1); (ii) outlines corrective action requests for critical defects and any actions planned or taken to address them; (iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the commercial entity described in subsection (d)(1), to include the conditions requiring the approval of each waiver; and (iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Management Agency. (B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. (C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration responsibilities. (D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that— (i) includes key findings, recommendations, and implementation plans; and (ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation.. (b) Clerical amendment The table of sections at the beginning of chapter 805 of such title is amended by adding at the end the following new item: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair.. (c) Effective date On the date that is 30 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2023— (1) this section and the amendments made by this section shall take effect; and (2) the Secretary of the Navy shall appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair and notify the congressional defense committees of such appointment. 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (a) In general The Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the Deputy Commander ). (b) Qualifications The Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section. (c) Reporting The Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. (d) General responsibilities The Deputy Commander shall oversee— (1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; (2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts; (3) enforcement of requirements of such contracts to ensure satisfaction of all contractual obligations; (4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and (5) on-site quality assurance by the Government for such contracts, including inspections. (e) Non-Contract administration services functions The Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by overseeing the performance of the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters: (1) Project oversight, including the following: (A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command. (B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities. (C) Communicating with customers and higher authority regarding matters that may affect project execution. (D) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. (2) Technical authority, including the following: (A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer. (B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues. (f) Comprehensive contract management The Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of commercial entities awarded a contract described in subsection (d)(1) and subcontractors (at any tier). (g) Subcontractor audits The Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts— (1) that are valued at $50,000,000 or more; and (2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2). (h) Annual written assessment (1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the activities and results associated with the contracts for which the Deputy Commander oversees the designated contract administration office of the Department. (2) Each written assessment required by paragraph (1) shall include the following: (A) A summary of shipbuilding performance that— (i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity described in subsection (d)(1); (ii) outlines corrective action requests for critical defects and any actions planned or taken to address them; (iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the commercial entity described in subsection (d)(1), to include the conditions requiring the approval of each waiver; and (iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Management Agency. (B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. (C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration responsibilities. (D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that— (i) includes key findings, recommendations, and implementation plans; and (ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation. 1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program (a) In general Chapter 863 of title 10, United States Code, is amended by inserting after section 8669b the following new section: 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program (a) In general The Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary— (1) submits a report to the congressional defense committees on the results of any production readiness review; (2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and (3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete. (b) Report The report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following: (1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. (2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. (3) The readiness of the shipyard facilities and workforce to begin construction. (4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. (5) The Navy’s estimated delivery date and description of any variance to the contract delivery date. (6) The extent to which adequate processes and metrics are in place to measure and manage program risks. (c) Definitions For the purposes of subsection (a): (1) Basic and functional design The term basic and functional design , when used with respect to a vessel, means design through computer aided models, that— (A) fixes the major hull structure of the vessel; (B) sets the hydrodynamics of the vessel; and (C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities. (2) First ship The term first ship applies to a ship if— (A) the ship is the first ship to be constructed under that shipbuilding program; or (B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program. (3) Major shipbuilding program The term major shipbuilding program means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title. (4) Production readiness review The term production readiness review means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase. (5) Start of construction The term start of construction means the beginning of fabrication of the hull and superstructure of the ship.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8669b the following new item: 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program.. (c) Conforming repeal Section 124 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 28; 10 U.S.C. 8661 note) is repealed. 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program (a) In general The Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary— (1) submits a report to the congressional defense committees on the results of any production readiness review; (2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and (3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete. (b) Report The report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following: (1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. (2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. (3) The readiness of the shipyard facilities and workforce to begin construction. (4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. (5) The Navy’s estimated delivery date and description of any variance to the contract delivery date. (6) The extent to which adequate processes and metrics are in place to measure and manage program risks. (c) Definitions For the purposes of subsection (a): (1) Basic and functional design The term basic and functional design , when used with respect to a vessel, means design through computer aided models, that— (A) fixes the major hull structure of the vessel; (B) sets the hydrodynamics of the vessel; and (C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities. (2) First ship The term first ship applies to a ship if— (A) the ship is the first ship to be constructed under that shipbuilding program; or (B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program. (3) Major shipbuilding program The term major shipbuilding program means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title. (4) Production readiness review The term production readiness review means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase. (5) Start of construction The term start of construction means the beginning of fabrication of the hull and superstructure of the ship. 1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life (a) In general Chapter 863 of title 10, United States Code, is amended by inserting after section 8678 the following new section: 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life (a) Limitation The Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship. (b) Waiver The Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if— (1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship; and (2) a period of 30 days has elapsed following the date on which such certification was submitted. (c) Certification described A certification described in this subsection is a certification that— (1) (A) maintaining the battle force ship in a reduced operating status is not feasible; (B) maintaining the ship with reduced capability is not feasible; (C) maintaining the ship as a Navy Reserve unit is not feasible; (D) transferring the ship to the Coast Guard is not feasible; and (E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and (2) includes an explanation of— (A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and (B) the rationale for the determination under subparagraph (E) of such paragraph. (d) Form A certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term expected service life means the number of years a naval vessel is expected to be in service.. (b) Clerical amendment The table of sections at the beginning of chapter 863 of such title is amended by inserting after the item relating to section 8678 the following new item: 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life.. 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life (a) Limitation The Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship. (b) Waiver The Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if— (1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship; and (2) a period of 30 days has elapsed following the date on which such certification was submitted. (c) Certification described A certification described in this subsection is a certification that— (1) (A) maintaining the battle force ship in a reduced operating status is not feasible; (B) maintaining the ship with reduced capability is not feasible; (C) maintaining the ship as a Navy Reserve unit is not feasible; (D) transferring the ship to the Coast Guard is not feasible; and (E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and (2) includes an explanation of— (A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and (B) the rationale for the determination under subparagraph (E) of such paragraph. (d) Form A certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term expected service life means the number of years a naval vessel is expected to be in service. 1015. Biennial report on shipbuilder training and the defense industrial base (a) Technical correction The second section 8692 of title 10, United States Code, as added by section 1026 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 8693 and the table of sections at the beginning of chapter 863 of such title is conformed accordingly. (b) Modification of report Such section is further amended— (1) by striking Not later and inserting (a) In general.— Not later ; (2) in subsection (a), as so redesignated, by adding at the end the following new paragraph: (7) An analysis of the potential benefits of multi-year procurement contracting for the stability of the shipbuilding defense industrial base. ; and (3) by adding at the end the following new subsection: (b) Solicitation and analysis of information In order to carry out subsection (a)(2), the Secretary of the Navy and Secretary of Labor shall— (1) solicit information regarding the age demographics and occupational experience level from the private shipyards of the shipbuilding defense industrial base; and (2) analyze such information for findings relevant to carrying out subsection (a)(2), including findings related to the current and projected defense shipbuilding workforce, current and projected labor needs, and the readiness of the current and projected workforce to supply the proficiencies analyzed in subsection (a)(1).. 1016. Annual report on ship maintenance (a) In general Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section: 8694. Annual report on ship maintenance (a) Report required Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following: (1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull. (2) The estimated cost of the maintenance described pursuant to paragraph (1). (3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year. (4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability. (5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including— (A) a summary of the effects on the costs and schedule for each delay or cancellation; and (B) the accrued operational and fiscal cost of all the deferments over the fiscal year. (b) Form of report Each report submitted under subsection (a) shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new section: 8694. Annual report on ship maintenance.. 8694. Annual report on ship maintenance (a) Report required Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following: (1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull. (2) The estimated cost of the maintenance described pursuant to paragraph (1). (3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year. (4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability. (5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including— (A) a summary of the effects on the costs and schedule for each delay or cancellation; and (B) the accrued operational and fiscal cost of all the deferments over the fiscal year. (b) Form of report Each report submitted under subsection (a) shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex. 1017. Navy battle force ship assessment and requirement reporting (a) In general Chapter 863 of title 10, United States Code, as amended by section 1023, is further amended by adding at the end the following new section: 8695. Navy battle force ship assessment and requirement reporting (a) In general Not later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement. (b) Assessment Each assessment required by subsection (a) shall include the following: (1) A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow. (2) An identification of the steady-state demand for maritime security and security force assistance activities. (3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders. (4) A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders. (5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense. (6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines. (c) Requirement (1) Each requirement required by subsection (a) shall— (A) be based on the assessment required by subsection (b); and (B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event— (i) the total number of battle force ships required; (ii) the number of battle force ships required in each of the categories described in paragraph (2); (iii) the classes of battle force ships included in each of the categories described in paragraph (2); and (iv) the number of battle force ships required in each class. (2) The categories described in this paragraph are the following: (A) Aircraft carriers. (B) Large surface combatants. (C) Small surface combatants. (D) Amphibious warfare ships. (E) Attack submarines. (F) Ballistic missile submarines. (G) Combat logistics force. (H) Expeditionary fast transport. (I) Expeditionary support base. (J) Command and support. (K) Other. (d) Definitions In this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term covered event means a significant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements.. (b) Clerical amendment The table of sections at the beginning of chapter 863 of such title is further amended by adding at the end the following new item: 8695. Navy battle force ship assessment and requirement reporting.. (c) Baseline assessment and requirement required The date of the enactment of this Act is deemed to be a covered event for the purposes of establishing a baseline battle force ship assessment and requirement under section 8695 of title 10, United States Code, as added by subsection (a). 8695. Navy battle force ship assessment and requirement reporting (a) In general Not later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement. (b) Assessment Each assessment required by subsection (a) shall include the following: (1) A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow. (2) An identification of the steady-state demand for maritime security and security force assistance activities. (3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders. (4) A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders. (5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense. (6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines. (c) Requirement (1) Each requirement required by subsection (a) shall— (A) be based on the assessment required by subsection (b); and (B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event— (i) the total number of battle force ships required; (ii) the number of battle force ships required in each of the categories described in paragraph (2); (iii) the classes of battle force ships included in each of the categories described in paragraph (2); and (iv) the number of battle force ships required in each class. (2) The categories described in this paragraph are the following: (A) Aircraft carriers. (B) Large surface combatants. (C) Small surface combatants. (D) Amphibious warfare ships. (E) Attack submarines. (F) Ballistic missile submarines. (G) Combat logistics force. (H) Expeditionary fast transport. (I) Expeditionary support base. (J) Command and support. (K) Other. (d) Definitions In this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term covered event means a significant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats (a) Prohibition None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to retire, prepare to retire, or place in storage any Mark VI patrol boat. (b) Report Not later than February 15, 2022, the Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall submit to the congressional defense committees a report that includes each of the following: (1) The rationale for the retirement of existing Mark VI patrol boats, including an operational analysis of the effect of such retirements on the warfighting requirements of the commanders of each of the combatant commands. (2) A review of how the Fifth Fleet requirements, which are currently being met by Mark VI patrol boats, will continue to be met without such boats, including an evaluation of the cumulative effect of eliminating Mark VI patrol boats in addition to other recent reductions in Navy riverine force structure, such as riverine command boats, in the theater. (3) An update on the implementation of the corrective actions and lessons learned from the Navy’s investigation of the January 12, 2016, incident in which 10 United States sailors were detained by Iranian forces near Farsi Island, the extent to which retiring existing Mark VI patrol boats will affect such implementation, and how such implementation will be sustained in the absence of Mark VI patrol boats. (4) A review of operating concepts for escorting high value units without Mark VI patrol boats. (5) A description of the manner and concept of operations in which the Marine Corps could use Mark VI patrol boats to support distributed maritime operations, advanced expeditionary basing operations, and persistent presence near maritime choke points and strategic littorals in the Indo-Pacific region. (6) An assessment of the potential for modification, and the associated costs, of the Mark VI patrol boat for the inclusion of loitering munitions or anti-ship cruise missiles, such as the Long Range Anti-Ship Missile and the Naval Strike Missile, particularly to support the concept of operations described in paragraph (5). (7) A description of resources required for the Marine Corps to possess, man, train, and maintain Mark VI patrol boats in the performance of the concept of operations described in paragraph (5) and modifications described in paragraph (6). (8) A determination of whether the Marine Corps should take possession of the Mark VI patrol boats effective on or before September 30, 2022. (9) Such other matters the Secretary determines appropriate. 1019. Availability of funds for retirement or inactivation of guided missile cruisers None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage more than 5 guided missile cruisers. 1020. Review of sustainment key performance parameters for shipbuilding programs (a) In general Not later than 90 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall initiate a review of the Joint Capabilities Integration and Development System policy related to the setting of sustainment key performance parameters and key system attributes for shipbuilding programs to ensure such parameters and attributes account for a comprehensive range of factors that could affect the operational availability and materiel availability of a ship. Such review shall include the extent to which— (1) the term operational availability should be redefined by mission area and to include equipment failures that affect the ability of a ship to perform primary missions; and (2) the term materiel availability should be redefined to take into account factors that could result in a ship being unavailable for operations, including unplanned maintenance, unplanned losses, and training. (b) Report required Not later than 180 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to congressional defense committees a report on the findings and recommendations of the review required under paragraph (a). 1021. Assessment of security of global maritime chokepoints (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the security of global maritime chokepoints from the threat of hostile kinetic attacks, cyber disruptions, and other form of sabotage. The report shall include an assessment of each of the following with respect to each global maritime chokepoint covered by the report: (1) The expected length of time and resources required for operations to resume at the chokepoint in the event of attack, sabotage, or other disruption of regular maritime operations. (2) The security of any secondary chokepoint that could be affected by a disruption at the global maritime chokepoint. (3) Options to mitigate any vulnerabilities resulting from a hostile kinetic attack, cyber disruption, or other form of sabotage at the chokepoint. (b) Form of report The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (c) Global maritime chokepoint In this section, the term global maritime chokepoint means any of the following: (1) The Panama Canal. (2) The Suez Canal. (3) The Strait of Malacca. (4) The Strait of Hormuz. (5) The Bab el-Mandeb Strait. (6) Any other chokepoint determined appropriate by the Secretary. 1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes a detailed description of each of the following: (1) The doctrine, organization, training, materiel, leadership and education, personnel, and facilities required to operate and maintain a force of 24 to 35 Light Amphibious Warships, including— (A) the estimated timeline for procuring and delivering such warships; (B) the estimated cost to procure, man, train, operate, maintain, and modernize such warships for each of the 10 years following the year in which the report is submitted, together with the notional Department of Defense appropriations account associated with each such cost; and (C) the feasibility of accelerating the current Light Amphibius Warship procurement plan and delivery schedule. (2) The specific number, type, and mix of manned and unmanned platforms required to support distributed maritime operations and expeditionary advanced base operations. (3) The feasibility of Marine Littoral Regiments using other joint and interagency mobility platforms prior to, in addition to, or in lieu of the operational availability of Light Amphibious Warships, including— (A) Army LCU-2000, Runnymede-class and General Frank S. Besson-class logistics support vessels; (B) Navy LCU-1610 or LCU-1700, Landing Craft Air Cushioned, and Ship-to-Shore Connector vessels; (C) commercial vessel options that— (i) are available as of the date of the enactment of this Act; and (ii) meet Marine Littoral Regiment requirements for movement, maneuver, sustainment, training, interoperability, and cargo capacity and delivery; (D) maritime prepositioning force vessels; and (E) Coast Guard vessels. (4) The specific number, type, and mix of long range unmanned surface vessel platforms required to support distributed maritime operations, expeditionary advanced base operations, along with their operational interaction with the warfighting capabilities of the fleet, including— (A) the estimated timeline for procuring and delivering such platforms; and (B) the estimated cost to procure, man, train, operate, maintain, and modernize such platforms for each of the 10 years following the year in which the report is submitted, together with the notional Department of Defense appropriations account associated with each such cost. (5) The feasibility of integrating Marine Littoral Regiments with— (A) special operations activities; (B) joint and interagency planning; (C) information warfare operations; and (D) command, control, communications, computer, intelligence, surveillance and reconnaissance, and security cooperation activities. (6) The projected cost and timeline for deploying Marine Littoral Regiments, including— (A) the extent to which such regiments will deploy with the capabilities listed in paragraphs (1) through (5) during each of the 10 years following the year in which the report is submitted; and (B) options to accelerate such deployments or increase the capabilities of such regiments if additional resources are available, together with a description of such resources. (b) Form of report The report required by subsection (a) shall be submitted in a publicly accessible, unclassified form, but may contain a classified annex. 1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense Section 485(a) of title 10, United States Code, is amended by inserting after activities the following: , including the use of military force under the notion of collective self-defense of foreign partners. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1043 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31,2022. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1953), as most recently amended by section 1041 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1042 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1551), as most recently amended by section 1044 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking fiscal years 2018 through 2021 and inserting any of fiscal years 2018 through 2022. 1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba (a) Report Not later than 120 days after the date of the enactment of this Act, the Chief Medical Officer of United States Naval Station, Guantanamo Bay (in this section referred to as the Chief Medical Officer ), shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the provision of medical care to individuals detained at Guantanamo. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the quality of medical care provided to individuals detained at Guantanamo, including whether such care meets applicable standards of care. (2) A description of the medical facilities and resources at United States Naval Station, Guantanamo Bay, Cuba, available to individuals detained at Guantanamo. (3) A description of the medical facilities and resources not at United States Naval Station, Guantanamo Bay, that would be made available to individuals detained at Guantanamo as necessary to meet applicable standards of care. (4) A description of the range of medical conditions experienced by individuals detained at Guantanamo as of the date on which the report is submitted. (5) A description of the range of medical conditions likely to be experienced by individuals detained at Guantanamo, given the medical conditions of such individuals as of the date on which the report is submitted and the likely effects of aging. (6) An assessment of any gaps between— (A) the medical facilities and resources described in paragraphs (2) and (3); and (B) the medical facilities and resources required to provide medical care necessary to meet applicable standards of care for the medical conditions described in paragraphs (4) and (5). (7) The plan of the Chief Medical Officer to address the gaps described in paragraph (6), including the estimated costs associated with addressing such gaps. (8) An assessment of whether the Chief Medical Officer has secured from the Department of Defense access to individuals, information, or other assistance that the Chief Medical Officer considers necessary to enable the Chief Medical Officer to carry out the Chief Medical Officer's duties, including full and expeditious access to the following: (A) Any individual detained at Guantanamo. (B) Any medical records of any individual detained at Guantanamo. (C) Medical professionals of the Department who are working, or have worked, at United States Naval Station, Guantanamo Bay. (c) Form of report The report required by subsection (a) shall be submitted in classified form. (d) Definitions In this section, the terms individual detained at Guantanamo , medical care , and standard of care have the meanings given those terms in section 1046(e) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1586; 10 U.S.C. 801 note). 1041. Congressional oversight of alternative compensatory control measures (a) Limitation on availability of funds pending submission of report Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of the Under Secretary of Defense for Policy, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report required under section 119a(a) for 2021. (b) Congressional oversight Section 119a of title 10, United States Code, is amended by adding at the end the following new subsection: (g) Congressional oversight (1) Neither the Secretary of Defense nor the Director of National Intelligence may take any action that would have the effect of limiting the access of the congressional defense committees to— (A) any classified program, or any information about any classified program, to which such committees have access as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022; or (B) any classified program established, or any information about any classified program that becomes available, after the date of the enactment of such Act that is within the jurisdiction of such committees. (2) In this subsection, the term classified program includes any special access program, alternative compensatory control measure, or any other controlled access program.. 1042. Modification of notification requirements for sensitive military operations Section 130f(d) of title 10, United States Code, is amended— (1) by striking (1) Except as provided in paragraph (2), in and inserting In ; (2) by striking paragraph (2); (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (4) in paragraph (1), as so redesignated, by striking ; or and inserting a semicolon; (5) in paragraph (2), as so redesignated, by striking the period at the end and inserting ; or ; and (6) by adding at the end the following new paragraph: (3) an operation conducted by the armed forces to free an individual from the control of hostile foreign forces.. 1043. Authority to provide space and services to military welfare societies Section 2566 of title 10, United States Code is amended— (1) in subsection (a), by striking of a military department and inserting concerned ; and (2) in subsection (b)(1), by adding at the end the following new subparagraph: (D) The Coast Guard Mutual Assistance.. 1044. Congressional notification of significant Army force structure changes (a) Notification requirement (1) In general Chapter 711 of title 10, United States Code, is amended by inserting after section 7101 the following new section: 7102. Congressional notification of significant Army force structure changes (a) Notification required Except as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change. (b) Contents A notification required under subsection (a) shall include each of the following: (1) The justification for the planned change. (2) A description of the details of the planned change and timing for implementation. (3) A description of the operational implications of the planned change. (4) The estimated costs of such change. (c) Exception The notification requirement under subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency. (d) Definition of significant change to Army force structure In this section, the term significant change to Army force structure means— (1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force.. (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101 the following new item: 7102. Congressional notification of significant Army force structure changes.. (b) Briefing on Army Structure Memorandum Prior to issuing the Army Structure Memorandum derived from the Total Army Analysis, the Secretary of the Army shall provide to the congressional defense committees a briefing on the memorandum. The briefing shall include a description of each of the following: (1) The guidance and direction provided to the Army by the Secretary of Defense in the Defense Planning Guidance or other directives. (2) Any scenarios and assumptions used to conduct the analysis. (3) Any significant force design updates incorporated in the analysis. (4) Any significant Army force structure changes directed in the Army Structure Memorandum. (5) Any substantive changes of assessed risk associated with changes directed in the memorandum. 7102. Congressional notification of significant Army force structure changes (a) Notification required Except as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change. (b) Contents A notification required under subsection (a) shall include each of the following: (1) The justification for the planned change. (2) A description of the details of the planned change and timing for implementation. (3) A description of the operational implications of the planned change. (4) The estimated costs of such change. (c) Exception The notification requirement under subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency. (d) Definition of significant change to Army force structure In this section, the term significant change to Army force structure means— (1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus (a) In general Section 1385 of title 18, United States Code, is amended— (1) by striking or after Army and inserting , the Navy, the Marine Corps, ; (2) by inserting , or the Space Force after Air Force ; and (3) in the section heading, by striking Army and Air Force and inserting Army, Navy, Marine Corps, Air Force, and Space Force. (b) Clerical amendment The table of sections at the beginning of chapter 67 of such title is amended by striking the item relating to section 1385 and inserting the following new item: 1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus. 1046. Comparative testing reports for certain aircraft (a) Modification of limitation Section 134(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2037) is amended by striking the report under subsection (e)(2) and inserting a report that includes the information described in subsection (e)(2)(C). (b) Comparative testing reports required (1) Report from Director of Operational Test and Evaluation Not later than 53 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes the information described in section 134(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038). (2) Report from Secretary of the Air Force Not later than 53 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the information described in section 134(e)(2)(C) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038). 1047. Special operations forces joint operating concept for competition and conflict (a) In general Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command shall jointly submit to the congressional defense committees a Special Operations Forces joint operating concept for competition and conflict. (b) Elements The joint operating concept required by subsection (a) shall include the following: (1) A detailed description of the manner in which special operations forces will be expected to operate in the future across the spectrum of operations, including operations below the threshold of traditional armed conflict, crisis, and armed conflict. (2) An explanation of the roles and responsibilities of the national mission force and the theater special operations forces, including how such forces will be integrated with each other and with general purpose forces. (3) An articulation of the required capabilities of the special operations forces. (4) An explanation of the manner in which the joint operating concept relates to and fits within the joint warfighting concept produced by the Joint Chiefs of Staff. (5) An explanation of the manner in which the joint operating concept relates to and integrates into the operating concepts of the Armed Forces. (6) Any other matter the Assistant Secretary and the Commander consider relevant. 1048. Limitation on availability of certain funding for operation and maintenance Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the congressional defense committees the following: (1) The first quarterly report identifying and summarizing all execute orders approved by the Secretary of Defense or the commander of a combatant command in effect for the Department of Defense as required by section 1744(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 113 note). (2) The report on the policy of the Department of Defense relating to civilian casualties resulting from United States military operations required by section 936(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note). 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment Of the amounts authorized to be appropriated for fiscal year 2022 by section 301 for operation and maintenance and available for the Office of the Secretary of Defense for the travel of persons as specified in the table in section 4301, not more than 75 percent shall be available until the date on which all of the following are submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services House of Representatives: (1) The report required by subsection (h)(1) of section 1631 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (2) The strategy and posture review required by subsection (g) of such section. 1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings (a) Briefing requirement Not later than March 31, 2022, the Comptroller General of the United States shall provide to the congressional defense committees a briefing on the status of the ongoing efforts of the Comptroller General with respect to the effectiveness of each of the following: (1) Department of Defense programming and planning for the nuclear enterprise. (2) Department of Defense processes for identifying the relevance of legacy military systems. (3) Defense weapon system acquisition and contracting. (b) Limitation on availability of funds Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense for travel expenses, not more than 90 percent may be obligated or expended before the date on which the Secretary of Defense has entered into agreements for the conduct of the independent reviews required under section 1753 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1852). 1051. Survey on relations between members of the Armed Forces and military communities (a) Survey (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall conduct a survey of covered individuals regarding relations between covered individuals and covered communities. (2) Contents of survey The survey shall be designed to solicit information from covered individuals regarding each of the following: (A) The rank, age, racial, ethnic, and gender demographics of the covered individuals. (B) Relationships between covered individuals and the covered community, including support services and acceptance of the military community. (C) The availability of housing, health care, mental health services, and education for covered individuals, employment opportunities for military spouses, and other relevant issues. (D) Initiatives of local government and community organizations with respect to covered individuals and covered communities. (E) The physical safety of covered individuals while in a covered community but outside the military installation located in such covered community. (F) Any other matters designated by the Secretary of Defense. (3) Locations For purposes of conducting the survey under this subsection, the Secretary of Defense shall select ten geographically diverse military installations where the survey will be conducted. (b) Additional activities In the course of conducting surveys under this section, the Secretary may carry out any of the following activities with respect to covered individuals and covered communities: (1) Facilitating local listening sessions and information exchanges. (2) Developing educational campaigns. (3) Supplementing existing local and national defense community programs. (4) Sharing best practices and activities. (c) Coordination To support activities under this section, the Secretary of Defense may coordinate with local governments and not-for-profit organizations that represent covered individuals. (d) Briefing Not later than September 30, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the survey conducted under subsection (a). Such briefing shall include— (1) with respect to each covered community— (A) the results of the survey; and (B) the activities conducted to address racial inequity in the community; (2) the aggregate results of the survey; and (3) best practices for creating positive relationships between covered individuals and covered communities. (e) Definitions In this section: (1) The term covered community means a military installation and any geographic area within 10 miles of such military installation. (2) The term covered individual means any of the following individuals who live in a covered community or work on a military installation in a covered community: (A) A member of the Armed Forces. (B) A family member of an individual described in subparagraph (A). (3) The term military installation has the meaning given such term in section 2801 of title 10, United States Code. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements (a) Limitation Of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense for travel expenses, not more than 90 percent may be obligated or expended before the date on which all of the following reports are submitted to Congress and the unclassified portions thereof made publicly available: (1) The report required under section 589F(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) The reports required under section 1299H(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (3) The report required under section 888(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (4) The report required under section 1752(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (b) Briefing requirement Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on obstacles to compliance with congressional mandated reporting requirements. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern Section 8062(d) of title 10, United States Code, is amended by inserting the Coast Guard, the Space Force, after the Air Force,. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review (a) Technical amendment (1) In general The second section 118a of title 10, United States Code (relating to the quadrennial quality of life review) is redesignated as section 118b. (2) Clerical amendment The table of sections at the beginning of chapter 2 of such title is amended by striking the item relating to the second section 118a and inserting the following new item: 118b. Quadrennial quality of life review.. (b) Inclusion in review Subsection (c) of section 118b of title 10, United States Code, as redesignated under subsection (a), is amended by adding at the end the following new paragraph: (15) Support services for Gold Star families.. 1062. Public availability of semi-annual summaries of reports (a) In general Section 122a of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Semi-annual summaries Not later than January 1 and July 1 of each year, the Secretary of Defense shall make publicly available on an appropriate internet website a summary of all reports submitted to Congress by the Department of Defense for the preceding six-month period that are required to be submitted by statute. Each such summary shall include, for each report covered by the summary, the title of report, the date of delivery, and the section of law under which such report is required.. (b) Applicability Subsection (c) of section 122a of title 10, United States Code, as added by subsection (a), shall apply beginning on the date that is one year after the date of the enactment of this Act. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense Section 1014(d)(3) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) is amended by striking December 31, 2022 and inserting December 31, 2023. 1064. Continuation of certain Department of Defense reporting requirements Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 111 note) is amended— (1) in subsection (b)(2), by adding at the end the following new subparagraphs: (E) The submission of the report required under section 14 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5 ). (F) The submission of the report required under section 2504 of title 10, United States Code. ; (2) in subsection (c), by striking paragraph (47); and (3) in subsection (i), by striking paragraph (30). 1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires Section 1058 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 31 U.S.C. 1535 note) is amended by adding at the end the following new subsection: (g) Updated review and enhancement of authorities (1) Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Director shall— (A) conduct a second review under subsection (a) and make a second determination under subsection (b); and (B) submit to Congress a report that includes— (i) the results of the second review and second determination required by subparagraph (A); and (ii) a description, based on such second determination, of any new modifications proposed to be made to existing authorities under subsection (c) or (d), including whether there is a need for legislative changes to further improve the procedures for using Department of Defense assets to fight wildfires. (2) Pursuant to the second determination under subsection (b) required by paragraph (1)(A), the Director shall develop and implement such modifications, regulations, policies, and interagency procedures as the Director determines appropriate pursuant to subsections (c) and (d). Any such modification, regulation, policy, or interagency procedure shall not take effect until the end of the 30-day period beginning on the date on which the report is submitted to Congress under paragraph (1)(B).. 1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan (a) In general Not later than March 31, 2022, each commander of a geographic combatant command shall submit to the congressional defense committees a report containing an assessment of the level of operational risk to that command posed by the plan of the Air Force to modernize and restructure airborne intelligence, surveillance, and reconnaissance capabilities to meet near-, mid-, and far-term contingency and steady-state operational requirements against adversaries in support of the objectives of the current national defense strategy. (b) Plan assessed The plan of the Air Force referred to in subsection (a) is the plan required under section 142 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (c) Assessment of risk In assessing levels of operational risk for purposes of subsection (a), a commander shall use the military risk matrix of the Chairman of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E. (d) Geographic combatant command In this section, the term geographic combatant command means each of the following: (1) United States European Command. (2) United States Indo-Pacific Command. (3) United States Africa Command. (4) United States Southern Command. (5) United States Northern Command. (6) United States Central Command. 1067. Biennial assessments of Air Force Test Center Not later than December 1 of each of 2022, 2024, and 2026, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Test Center. Each such assessment shall include, for the period covered by the assessment, a description of— (1) any challenges of the Air Force Test Center with respect to completing its mission; and (2) the plan of the Secretary to address such challenges. 1068. Report on 2019 World Military Games (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the participation of the United States in the 2019 World Military Games. Such report shall include a detailed description of each of the following: (1) The number of United States athletes and staff who attended the 2019 World Military Games and became ill with COVID–19-like symptoms during or shortly after their return to the United States. (2) The results of any blood testing conducted on athletes and staff returning from the 2019 World Military Games, including whether those blood samples were subsequently tested for COVID–19. (3) The number of home station Department of Defense facilities of the athletes and staff who participated in the 2019 World Military Games that experienced outbreaks of illnesses consistent with COVID–19 symptoms upon the return of members of the Armed Forces from Wuhan, China. (4) The number of Department of Defense facilities visited by team members after returning from Wuhan, China, that experienced COVID–19 outbreaks during the first quarter of 2020, including in relation to the share of other Department of Defense facilities that experienced COVID–19 outbreaks through March 31, 2020. (5) Whether the Department tested members of the Armed Forces who traveled to Wuhan, China, for the World Military Games for COVID–19 antibodies, and if so, what portion, if any, of those results were positive, and when such testing was conducted. (6) Whether there are, or have been, any investigations, including under the auspices of an Inspector General, across the Department of Defense or the military departments into possible connections between United States athletes who traveled to Wuhan, China, and the outbreak of COVID–19. (7) Whether the Department has engaged with the militaries of allied or partner countries about illnesses surrounding the 2019 World Military Games, and if so, how many participating militaries have indicated to the Department that their athletes or staff may have contracted COVID–19-like symptoms during or immediately after the Games. (b) Form of report Except to the extent prohibited by law, the report required under this section shall be submitted in unclassified form and made publicly available on an internet website in a searchable format, but may contain a classified annex. 1069. Reports on oversight of Afghanistan (a) Reports Not later than 60 days after the date of the enactment of this Act, and annually thereafter until December 31, 2026, the Secretary of Defense, in coordination with the Director of National Intelligence and consistent with the protection of intelligence sources and methods, shall submit to the appropriate congressional committees a report on Afghanistan. Each such report shall address, with respect to Afghanistan, the following matters: (1) An up-to-date assessment of the over-the-horizon capabilities of the United States. (2) A description of the concept of force with respect to the over-the-horizon force of the United States. (3) The size of such over-the-horizon force. (4) The location of such over-the-horizon force, including the locations of the forces as of the date of the submission of the report and any plans to adjust such locations. (5) The chain of command for such over-the-horizon force. (6) The launch criteria for such over-the-horizon force. (7) Any plans to expand or adjust such over-the-horizon force capabilities in the future, to account for evolving terrorist threats in Afghanistan. (8) An assessment of the terrorist threat in Afghanistan. (9) An assessment of the quantity and types of United States military equipment remaining in Afghanistan, including an indication of whether the Secretary plans to leave, recover, or destroy such equipment. (10) Contingency plans for the retrieval or hostage rescue of United States citizens located in Afghanistan. (11) Contingency plans related to the continued evacuation of Afghans who hold special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) or who have filed a petition for such status, following the withdrawal of the United States Armed Forces from Afghanistan. (12) A concept of logistics support to support the over-the-horizon force of the United States, including all basing and transportation plans. (13) An assessment of changes in the ability of al-Qaeda and ISIS-K to conduct operations within Taliban-held Afganistan or outside of Afghanistan against the United States and allies of the United States. (14) An assessment of the threat posed by prisoners released by the Taliban from the Pul-e-Charkhi prison and Parwan detention facility, Afghanistan, in August 2021, including, for each such prisoner— (A) the country of origin of the prisoner; (B) any affiliation of the prisoner with a foreign terrorist organization; and (C) in the case of any such prisoner determined to pose a risk for external operations outside of Afghanistan, the assessed location of the prisoner. (15) The status of any military cooperation between the Taliban and China, Russia, or Iran. (16) Any other matters the Secretary determines appropriate. (b) Form Each report required under this section may be submitted in either unclassified or classified form, as determined appropriate by the Secretary. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Armed Services and the Select Committee on Intelligence of the Senate. 1070. Study and report on Department of Defense excess personal property program (a) Study The Director of the Defense Logistics Agency shall conduct a study on the excess personal property program of the Department of Defense under section 2576a of title 10, United States Code, and the administration of such program by the Law Enforcement Support Office. Such study shall include— (1) an analysis of the degree to which personal property transferred under such program has been distributed equitably between larger, well-resourced municipalities and units of government and smaller, less well-resourced municipalities and units of government; and (2) an identification of potential reforms to such program to ensure that such property is transferred in a manner that provides adequate opportunity for participation by smaller, less well-resourced municipalities and units of government. (b) Report Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report on the results of a study required under subsection (a). 1071. Optimization of Irregular Warfare Technical Support Directorate (a) Plan required Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the congressional defense committees a plan for improving the support provided by the Irregular Warfare Technical Support Directorate to meet military requirements. Such plan shall include the following: (1) Specific actions to— (A) ensure adequate focus on rapid fielding of required capabilities; (B) improve metrics and methods for tracking projects that have transitioned into programs of record; and (C) minimize overlap with other research, development, and acquisition efforts. (2) Such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant. (b) Department of Defense Instruction required Not later than 270 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Secretaries of the military departments, shall publish an updated Department of Defense Instruction in order to— (1) define the objectives, organization, mission, customer base, and role of the Irregular Warfare Technical Support Directorate; (2) ensure coordination with external program managers assigned to the military departments and the United States Special Operations Command; (3) facilitate adequate oversight by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment; and (4) address such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data (a) Joint assessments and determinations The Vice Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Intelligence and Security, and the Secretary of the Army, in consultation with other appropriate officials of the Department of Defense, shall jointly carry out each of the following: (1) An assessment of the requirements of the joint force with respect to three-dimensional geospatial data in order to achieve Combined Joint All-Domain Command and Control, including the use of such data for each of the following: (A) Training. (B) Planning. (C) Modeling and simulation. (D) Mission rehearsal. (E) Operations. (F) Intelligence, including geolocation support to intelligence collection systems. (G) Dynamic and precision targeting. (H) After action reviews. (2) A determination of whether three-dimensional geospatial data derived from Government sources, commercial sources, or both (referred to as derivative three-dimensional geospatial data ) meets the accuracy, resolution, community sensor model compliance, and currency required for precision targeting. (3) A determination of the optimum management, joint funding structure, and resources required for the collection, tasking, acquisition, production, storage, and consumption of three-dimensional geospatial data, including a consideration of— (A) designating the Army as the Executive Agent for warfighter collection, production, and consumption of three-dimensional geospatial content at the point-of-need; (B) designating the National Geospatial Intelligence Agency, in its role as the Geospatial Intelligence Functional Manager, as the Executive Agent for quality assessment, testing, evaluation, validation, and enterprise storage and retrieval of derivative three-dimensional geospatial data; (C) existing governance structures across the Department of Defense and the National Geospatial Intelligence Agency for the procurement and production of three-dimensional geospatial data and the development of tools and plans, from either commercial or Government sources; and (D) identifying potential commercial and Government capabilities that could be established as a three-dimensional geospatial intelligence program of record. (b) Army management considerations If the Vice Chairman, the Under Secretary, and the Secretary of the Army determine that the Army should serve as the Executive Agent for Department of Defense three-dimensional geospatial data, the Secretary shall determine the respective roles within the Army. (c) Additional Army determinations The Secretary of the Army shall determine whether operational use of the Integrated Visual Augmentation System and Army intelligence and mission command systems require three-dimensional geospatial data for assigned operational missions, including targeting. (d) Briefing required Not later than 180 days after the date of the enactment of this Act, the Vice Chairman, the Under Secretary, and the Secretary of the Army shall complete the assessments and determinations required by this section and provide to the congressional defense committees a briefing on such assessments and determinations. 1073. Required review of Department of Defense unmanned aircraft systems categorization (a) In general The Under Secretary of Defense for Acquisition and Sustainment shall initiate a process— (1) to review the system used by the Department of Defense for categorizing unmanned aircraft systems, as described in Joint Publication 3–30 titled Joint Air Operations ; and (2) to determine whether modifications should be made in the Department of Defense grouping of unmanned aerial systems into five broad categories, as in effect on the date of the enactment of this Act. (b) Required elements for revision If the Under Secretary determines under subsection (a) that the characteristics associated with any of the five categories of unmanned aircraft systems should be revised, the Under Secretary shall consider the effect a revision would have on— (1) the future capability and employment needs to support current and emerging warfighting concepts; (2) advanced systems and technologies available in the current commercial marketplace; (3) the rapid fielding of unmanned aircraft systems technology; and (4) the integration of unmanned aircraft systems into the National Airspace System. (c) Consultation requirements In carrying out the review required under subsection (a), the Under Secretary shall consult with— (1) the Secretary of each of the military departments; (2) the Chairman of the Joint Chiefs of Staff; (3) the Secretary of State; and (4) the Administrator of the Federal Aviation Administration. (d) Report required Not later than October 1, 2022, the Under Secretary shall submit to the congressional defense committees, the Committee on Transportation and Infrastructure and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate a report that includes a description of— (1) the results of the review initiated under subsection (a); (2) any revisions planned to the system used by the Department of Defense for categorizing unmanned aircraft systems as a result of such review; (3) the costs and benefits of any planned revisions; and (4) a proposed implementation plan and timelines for such revisions. 1074. Annual report and briefing on Global Force Management Allocation Plan (a) In general Not later than October 31, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a classified report and a classified briefing on the Global Force Management Allocation Plan and its implementation. (b) Report Each report required by subsection (a) shall include a summary describing the Global Force Management Allocation Plan being implemented as of October 1 of the year in which the report is provided. (c) Briefing Each briefing required by subsection (a) shall include the following: (1) A summary of the major modifications to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year as a result of a shift in strategic priorities, requests for forces, or other contingencies, and an explanation for such modifications. (2) A description of the major differences between the Global Force Management Allocation Plan for the current fiscal year and the Global Force Management Allocation Plan for the preceding fiscal year. (3) A description of any difference between the actual global allocation of forces, as of October 1 of the year in which the briefing is provided, and the forces stipulated in the Global Force Management Allocation Plan being implemented on that date. 1075. Report on World War I and Korean War era Superfund facilities (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on active Superfund facilities where a hazardous substance originated from Department of Defense activities occurring between the beginning of World War I and the end of the Korean War. Such report shall include a description of such Superfund facilities as well as any actions, planned actions, communication with communities, and cooperation with relevant agencies, including the Environmental Protection Agency, carried out or planned to be carried out by the Department of Defense. (b) Superfund facility In this section, the term Superfund facility means a facility included on the National Priorities List pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605 ). 1076. Report on implementation of irregular warfare strategy (a) Report Not later than 180 days after the date of the enactment of this Act, and annually thereafter through fiscal year 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the activities and programs of the Department of Defense to implement the irregular warfare strategy consistent with the 2019 Irregular Warfare Annex to the National Defense Strategy, as amended by any subsequent national defense strategy. (b) Elements of report Each report required by subsection (a) shall include the following elements for the year covered by the report: (1) A description and assessment of efforts to institutionalize the approach of the Department of Defense to irregular warfare and maintain a baseline of capabilities and expertise in irregular warfare in both conventional and special operations forces, including efforts to— (A) institutionalize irregular warfare in force development and design; (B) transform the approach of the Department of Defense to prioritize investments in, and development of, human capital for irregular warfare; (C) ensure an approach to irregular warfare that is agile, efficient, and effective by investing and developing capabilities in a cost-informed and resource-sustainable manner; and (D) integrate irregular warfare approaches into operational plans and warfighting concepts for competition, crisis, and conflict. (2) A description and assessment of efforts to operationalize the approach of the Department of Defense to irregular warfare to meet the full range of challenges posed by adversaries and competitors, including efforts to— (A) execute proactive, enduring campaigns using irregular warfare capabilities to control the tempo of competition, shape the environment, and increase the cost of hostilities against the United States and its allies; (B) adopt a resource-sustainable approach to countering violent extremist organizations and consolidating gains against the enduring threat from these organizations; (C) improve the ability of the Department of Defense to understand and operate within the networked, contested, and multi-domain environment in which adversaries and competitors operate; (D) foster and sustain unified action in irregular warfare including through collaboration and support of interagency partners in the formulation of assessments, plans, and the conduct of operations; and (E) expand networks of allies and partners, including for the purpose of increasing the ability and willingness of allies and partners to defend their sovereignty, contribute to coalition operations, and advance common security initiatives. (3) A description of— (A) the status of the plan required to be produced by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the Chairman of the Joint Chiefs of Staff, in coordination with the combatant commands and the Secretaries of the military departments, to implement the objectives described in the 2019 Irregular Warfare Annex to the National Defense Strategy; and (B) the efforts by the relevant components of the Department of Defense to expeditiously implement such plan, including the allocation of resources to implement the plan. (4) An assessment by the Secretary of Defense of the resources, plans, and authorities required to establish and sustain irregular warfare as a fully-integrated core competency for the Joint Forces. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service (a) Study In consultation with the Chief Information Officer of the Department of Defense, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ) shall conduct a study on providing end-to-end electronic voting services (including services for registering to vote, requesting an electronic ballot, completing the ballot, and returning the ballot) in participating States for absent uniformed services voters under such Act who are deployed or mobilized to locations with limited or immature postal service (as determined by the Presidential designee). (b) Specifications In conducting the study under subsection (a), the Presidential designee shall include— (1) methods that would ensure voters have the opportunity to verify that their ballots are received and tabulated correctly by the appropriate State and local election officials; (2) methods that would generate a verifiable and auditable vote trail for the purposes of any recount or audit conducted with respect to an election; (3) a plan of action and milestones on steps that would need to be achieved prior to implementing end-to-end electronic voting services for absentee uniformed services voters; (4) an assessment of whether commercially available technologies may be used to carry out any of the elements of the plan; and (5) an assessment of the resources needed to implement the plan of action and milestones referred to in paragraph (3). (c) Consultation with State and local election officials The Presidential designee shall conduct the study under subsection (a) in consultation with appropriate State and local election officials. (d) Use of contractors To the extent the Presidential designee determines to be appropriate, the Presidential designee may include in the study conducted under subsection (a) an analysis of the potential use of contractors to provide voting services and how such contractors could be used to carry out the elements of the plan referred to in subsection (b)(3). (e) Briefing; report (1) Briefing Not later than 180 days after the date of the enactment of this Act, the Presidential designee shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the interim results of the study conducted under subsection (a). (2) Report Not later than one year after the date of the enactment of this Act, the Presidential designee shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study conducted under subsection (a). 1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment Not later than June 1, 2022, the Secretary of the Air Force shall submit to the congressional defense committees a report containing— (1) a strategy for the acquisition of combat rescue aircraft and equipment that aligns with the stated capability and capacity requirements of the Air Force; and (2) an analysis of how such strategy meets the requirements of the national defense strategy required under section 113(g) of title 10, United States Code. 1081. Technical, conforming, and clerical amendments (a) Title 10, United States Code Title 10, United States Code, is amended as follows: (1) The table of chapters at the beginning of part I of subtitle A is amended by striking the item relating to the second chapter 19 (relating to cyber matters). (2) The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 118 and inserting the following new item: 118. Materiel readiness metrics and objectives for major weapon systems.. (3) The second section 118a, as added by section 341 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 118b, and the table of sections at the beginning of chapter 2 of such title is conformed accordingly. (4) Section 138(b)(2)(A)(i) is amended by striking the semicolon. (5) Section 196(d) is amended by striking ,, and inserting ,. (6) Section 231a(e)(2) is amended by striking include the following, and inserting include. (7) Section 240b(b)(1)(B)(xiii) is amended by striking An and inserting A. (8) Section 240g(a)(3) is amended by striking ; and and inserting ;. (9) Section 393(b)(2)(D) is amended by inserting a period at the end. (10) Section 483(f)(3) is amended by inserting this before title. (11) Section 651(a) is amended by inserting a comma after 3806(d)(1)). (12) The table of sections at the beginning of chapter 39 is amended by adding a period at the end of the item relating to section 691. (13) Section 823(a)(2) (article 23(a)(2) of the Uniform Code of Military Justice) is amended by inserting a comma after Army. (14) Section 856(b) (article 56(b) of the Uniform Code of Military Justice) is amended by striking subsection (d) of section 853a and inserting subsection (c) of section 853a. (15) Section 1044e(g) is amended by striking number of Special Victims’ Counsel and inserting number of Special Victims’ Counsels. (16) The table of sections at the beginning of chapter 54 is amended by striking the item relating to section 1065 and inserting the following new item: 1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers.. (17) Section 1463(a)(4) is amended by striking that that and inserting that. (18) Section 1465(b)(2) is amended by striking the the and inserting the. (19) Section 1466(a) is amended, in the matter preceding paragraph (1), by striking Coast guard and inserting Coast Guard. (20) Section 1554a(g)(2) is amended by striking.. and inserting.. (21) Section 1599h is amended— (A) in subsection (a), by redesignating the second paragraph (7) and paragraph (8) as paragraphs (8) and (9), respectively; and (B) in subsection (b)(1), by redesignating the second subparagraph (G) and subparagraph (H) as subparagraphs (H) and (I), respectively. (22) Section 1705(a) is amended by striking a fund and inserting an account. (23) Section 1722a(a) is amended by striking ,, and inserting ,. (24) Section 1788a(e) is amended— (A) in paragraph (3), by striking section 167(i) and inserting section 167(j) ; (B) in paragraph (4), by striking covered personnel and inserting covered individuals ; and (C) in paragraph (5), in the matter preceding subparagraph (A), by striking covered personnel and inserting covered individuals. (25) The table of chapters at the beginning of part III of subtitle A is amended, in the item relating to chapter 113, by striking the period after 2200g. (26) Section 2107(a) is amended by striking or Space Force. (27) Section 2279b(b) is amended by redesignating the second paragraph (11) as paragraph (12). (28) Section 2321(f) is amended by striking the item both places it appears and inserting the commercial product. (29) The second section 2350m (relating to execution of projects under the North Atlantic Treaty Organization Security Investment Program), as added by section 2503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is redesignated as section 2350q and the table of sections at the beginning of subchapter II of chapter 138 is conformed accordingly. (30) Section 2534(a) is amended— (A) in paragraph (3), by striking subsection (j) and inserting subsection (k) ; and (B) in paragraph (5), by striking principle and inserting principal. (31) Section 2891a(e)(1) is amended by striking the any and inserting the. (32) The table of sections at the beginning of chapter 871 is amended— (A) by striking the item relating to section 8749 and inserting the following new item: 8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard. ; and (B) by striking the item relating to section 8749a and inserting the following new item: 8749a. Civil service mariners of Military Sealift Command: alcohol testing.. (33) The second section 9084, as added by section 1601 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is transferred to appear after section 9085 and redesignated as section 9086, and the table of sections at the beginning of chapter 908 of such title is conformed accordingly. (34) The second section 9132 (relating to Regular Air Force and Regular Space Force: reenlistment after service as an officer) is redesignated as section 9138 (and the table of sections at the beginning of chapter 913 is conformed accordingly). (35) The section heading for section 9401 is amended to read as follows (and the table of sections at the beginning of chapter 951 is conformed accordingly): 9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals . (36) The section heading for section 9402 is amended to read as follows (and the table of sections at the beginning of chapter 951 is conformed accordingly): 9402. Enlisted members of Air Force or Space Force: schools . (37) Section 9840 is amended in the second sentence by striking He and inserting The officer. (b) NDAA for Fiscal Year 2021 Effective as of January 1, 2021, and as if included therein as enacted, section 1 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by inserting (a) In general.— before This Act ; and (2) by adding at the end the following: (b) References Any reference in this or any other Act to the National Defense Authorization Act for Fiscal Year 2021 shall be deemed to be a reference to the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.. (c) NDAA for Fiscal Year 2020 Effective as of December 20, 2019, and as if included therein as enacted, section 1739(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) is amended by striking VI and inserting VII. (d) Coordination With Other Amendments Made by This Act For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act. 9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals 9402. Enlisted members of Air Force or Space Force: schools 1082. Modification to Regional Centers for Security Studies (a) In general Section 342(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Ted Stevens Center for Arctic Security Studies, established in 2021 and located in Anchorage, Alaska.. (b) Acceptance of gifts and donations Section 2611(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Ted Stevens Center for Arctic Security Studies.. 1083. Improvement of transparency and congressional oversight of civil reserve air fleet (a) Definitions (1) Secretary Paragraph (10) of section 9511 of title 10, United States Code, is amended to read as follows: (10) The term Secretary means the Secretary of Defense.. (2) Conforming amendments Chapter 961 of title 10, United States Code, as amended by paragraph (1), is further amended— (A) in section 9511a by striking Secretary of Defense each place it appears and inserting Secretary ; (B) in section 9512(e), by striking Secretary of Defense and inserting Secretary ; and (C) in section 9515, by striking Secretary of Defense each place it appears and inserting Secretary. (b) Annual report on civil reserve air fleet Section 9516 of title 10, United States Code, is amended— (1) in subsection (d), by striking When the Secretary and inserting Subject to subsection (e), when the Secretary ; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: (e) Annual report Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that— (1) identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of subsection (a)(1); and (2) for each such contract— (A) specifies the dollar value of the award; and (B) provides a detailed explanation of the reasons for the award.. (c) Technical amendments (1) In general Chapter 961 of title 10, United States Code, as amended by subsections (a) and (b), is further amended— (A) by redesignating sections 9511a and 9512 as sections 9512 and 9513, respectively; (B) in section 9511, by striking section 9512 each place it appears and inserting section 9513 ; and (C) in section 9514, by redesignating subsection (g) as subsection (f). (2) Clerical amendment The table of sections at the beginning of such chapter is amended by striking the items relating to sections 9511a and 9512 and inserting the following new items: 9512. Civil Reserve Air Fleet contracts: payment rate. 9513. Contracts for the inclusion or incorporation of defense features.. (d) Charter air transportation of members of the armed forces or cargo (1) In general Section 2640 of title 10, United States Code, is amended— (A) in the section heading, by inserting or cargo after armed forces ; (B) in subsection (a)(1), by inserting or cargo after members of the armed forces ; (C) in subsection (b), by inserting or cargo after members of the armed forces ; (D) in subsection (d)(1), by inserting or cargo after members of the armed forces ; (E) in subsection (e)— (i) by inserting or cargo after members of the armed forces ; and (ii) by inserting or cargo before the period at the end; (F) in subsection (f), by inserting or cargo after members of the armed forces ; and (G) in subsection (j)(1), by inserting cargo , after air transportation ,. (2) Clerical amendment The table of sections at the beginning of chapter 157 of title 10, United States Code, is amended by striking the item relating to section 2640 and inserting the following new item: 2640. Charter air transportation of members of the armed forces or cargo.. 1084. Observance of National Atomic Veterans Day (a) In general Chapter 1 of title 36, United States Code, is amended by adding at the end the following new section: 146. National Atomic Veterans Day The President shall issue each year a proclamation calling on the people of the United States to— (1) observe Atomic Veterans Day with appropriate ceremonies and activities; and (2) remember and honor the atomic veterans of the United States whose brave service and sacrifice played an important role in the defense of the Nation.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 146. National Atomic Veterans Day.. 146. National Atomic Veterans Day The President shall issue each year a proclamation calling on the people of the United States to— (1) observe Atomic Veterans Day with appropriate ceremonies and activities; and (2) remember and honor the atomic veterans of the United States whose brave service and sacrifice played an important role in the defense of the Nation. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations Not later than July 1, 2022, the Chairman of the Joint Chiefs of Staff shall update Joint Publication 3-68: Noncombatant Evacuation Operations. 1086. National Museum of the Surface Navy (a) Designation The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the National Museum of the Surface Navy. (b) Purposes The purposes of the National Museum of the Surface Navy shall be to— (1) provide and support— (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the people of the United States understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States. 1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport The Secretary of Defense may establish a commemorative work on Federal land owned by the Department of Defense in the District of Columbia and its environs to commemorate the 13 members of the Armed Forces who died in the bombing attack on Hamid Karzai International Airport, Kabul, Afghanistan, on August 26, 2021. 1088. Treatment of operational data from Afghanistan (a) Sense of Congress It is the sense of Congress that— (1) an immense amount of operational data and intelligence has been developed over the past two decades of war in Afghanistan; and (2) this information is valuable and must be appropriately retained. (b) Operational data The Secretary of Defense shall— (1) archive and standardize operational data from Afghanistan across the myriad of defense information systems; and (2) ensure the Afghanistan operational data is structured, searchable, and usable across the joint force. (c) Briefing Not later than March 4, 2022, the Under Secretary of Defense for Intelligence and Security shall provide to the Committee on Armed Services of the House of Representatives a briefing on how the Department of Defense has removed, retained, and assured long-term access to operational data from Afghanistan across each military department and command. Such briefing shall address the manner in which the Department of Defense— (1) is standardizing and archiving intelligence and operational data from Afghanistan across the myriad of defense information systems; and (2) ensuring access to such data across the joint force. 1089. Responsibilities for national mobilization; personnel requirements (a) Executive agent for national mobilization The Secretary of Defense shall designate a senior civilian official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for— (1) developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers to other persons inducted into the Armed Forces under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ); (2) providing Congress and the Selective Service System with updated requirements and timelines for obtaining inductees in the event of a national emergency requiring mass mobilization and induction of personnel under the Military Selective Service Act for training and service in the Armed Forces; and (3) providing Congress with a plan, developed in coordination with the Selective Service System, to induct large numbers of volunteers who may respond to a national call for volunteers during an emergency. (b) Report required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for obtaining inductees as part of a mobilization timeline for the Selective Service System. The plan shall include a description of resources, locations, and capabilities of the Armed Forces required to train, equip, and integrate personnel inducted into the Armed Forces under the Military Selective Service Act into the total force, addressing scenarios that would include 300,000, 600,000, and 1,000,000 new volunteer and other personnel inducted into the Armed Forces under the Military Selective Service Act. The plan may be provided in classified form. 1090. Independent assessment with respect to Arctic region (a) Independent assessment (1) In general Not later than 90 days after the date of the enactment of this Act, the Commander of the United States Northern Command, in consultation and coordination with the Commander of the United States Indo-Pacific Command, the Commander of the United States European Command, the military services, and the defense agencies, shall complete an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives: (A) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region. (B) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region. (C) The reduction of the risk of executing operation and contingency plans of the Department of Defense. (D) To maximize execution of Department operation and contingency plans, in the event deterrence fails. (2) Elements The assessment required by paragraph (1) shall include the following: (A) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by— (i) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the Armed Forces within the Arctic region, and scenarios that consider— (I) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region; (II) use of near-, mid-, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine; (III) supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units; (ii) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command; (iii) an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and (iv) any other matter the Commander of the United States Northern Command considers appropriate. (B) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis. (C) An assessment of capabilities requirements to achieve such objectives. (D) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (E) An assessment and identification of required infrastructure and military construction investments to achieve such objectives. (3) Report (A) In general Upon completion of the assessment required by paragraph (1), the Commander of the United States Northern Command shall submit to the Secretary of Defense a report on the assessment. (B) Submittal to Congress Not later than 30 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall provide to the congressional defense committees— (i) a copy of the report, in its entirety; and (ii) any additional analysis or information, as the Secretary considers appropriate. (C) Form The report required by subparagraph (A), and any additional analysis or information provided under subparagraph (B)(i)(II), may be submitted in classified form, but shall include an unclassified summary. (b) Arctic Security Initiative (1) Plan (A) In general Not later than 30 days after the date on which the Secretary receives the report under subsection (a)(3)(A), the Secretary shall provide to the congressional defense committees a briefing on the plan to carry out a program of activities to enhance security in the Arctic region. (B) Objectives The plan required by subparagraph (A) shall be— (i) consistent with the objectives described in paragraph (1) of subsection (a); and (ii) informed by the assessment required by that paragraph. (C) Activities The plan shall include, as necessary, the following prioritized activities to improve the design and posture of the joint force in the Arctic region: (i) Modernize and strengthen the presence of the Armed Forces, including those with advanced capabilities. (ii) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel. (iii) Conduct exercises, wargames, education, training, experimentation, and innovation for the joint force. (iv) Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces. (2) Establishment (A) In general Not earlier than 30 days after the submittal of the plan required by paragraph (1), the Secretary may establish a program of activities to enhance security in the Arctic region, to be known as the Arctic Security Initiative (in this paragraph referred to as the Initiative ). (B) Five-year plan for the Initiative (i) In general If the Initiative is established, the Secretary, in consultation with the Commander of the United States Northern Command, shall submit to the congressional defense committees a future years plan for the activities and resources of the Initiative that includes the following: (I) A description of the activities and resources for the first fiscal year beginning after the date on which the Initiative is established, and the plan for not fewer than the four subsequent fiscal years, organized by the activities described in paragraph (1)(C). (II) A summary of progress made toward achieving the objectives described in subsection (a)(1). (III) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve progress in reducing risk to the ability of the joint force to achieve objectives in the Arctic region, including, as appropriate, investments in— (aa) active and passive defenses against— (AA) manned aircraft, surface vessels, and submarines; (BB) unmanned naval systems; (CC) unmanned aerial systems; and (DD) theater cruise, ballistic, and hypersonic missiles; (bb) advanced long-range precision strike systems; (cc) command, control, communications, computers, intelligence, surveillance, and reconnaissance systems; (dd) training and test range capacity, capability, and coordination; (ee) dispersed resilient and adaptive basing to support distributed operations, including expeditionary airfields and ports, space launch facilities, and command posts; (ff) advanced critical munitions; (gg) pre-positioned forward stocks of fuel, munitions, equipment, and materiel; (hh) distributed logistics and maintenance capabilities; (ii) strategic mobility assets, including icebreakers; (jj) improved interoperability, logistics, transnational supply lines and infrastructure, and information sharing with allies and partners, including scientific missions; and (kk) information operations capabilities. (IV) A detailed timeline for achieving the requirements identified under subclause (III). (V) A detailed explanation of any significant modification to such requirements, as compared to— (aa) the assessment required by subsection (a)(1) for the first fiscal year; and (bb) the plans previously submitted for each subsequent fiscal year. (VI) Any other matter the Secretary considers necessary. (ii) Form A plan under clause (i) shall be submitted in unclassified form, but may include a classified annex. 1091. National Security Commission on Emerging Biotechnology (a) Establishment (1) In general There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the National Security Commission on Emerging Biotechnology (in this section referred to as the Commission ). (2) Date of establishment The date of establishment referred to in paragraph (1) is 30 days after the date of the enactment of this Act. (b) Membership (1) Number and appointment The Commission shall be composed of 12 members appointed as follows: (A) Two members appointed by the Chair of the Committee on Armed Services of the Senate, one of whom is a Member of the Senate and one of whom is not. (B) Two members appointed by the ranking minority member of the Committee on Armed Services of the Senate, one of whom is a Member of the Senate and one of whom is not. (C) Two members appointed by the Chair of the Committee on Armed Services of the House of Representatives, one of whom is a Member of the House of Representatives and one of whom is not. (D) Two members appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives, one of whom is a Member of the House of Representatives and one of whom is not. (E) One member appointed by the Speaker of the House of Representatives. (F) One member appointed by the Minority Leader of the House of Representatives. (G) One member appointed by the Majority Leader of the Senate. (H) One member appointed by the Minority Leader of the Senate. (2) Deadline for appointment Members shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2). (3) Effect of lack of appointment by appointment date If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (4) Qualifications The members of the Commission who are not members of Congress and who are appointed under subsection (b)(1) shall be individuals from private civilian life who are recognized experts and have relevant professional experience in matters relating to— (A) emerging biotechnology and associated technologies; (B) use of emerging biotechnology and associated technologies by national policy makers and military leaders; or (C) the implementation, funding, or oversight of the national security policies of the United States. (c) Chair and vice chair (1) Chair The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Chair of the Commission. (2) Vice chair The ranking minority member of the Committee on Armed Services of the Senate and the ranking minority member of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Vice Chair of the Commission. (d) Period of appointment and vacancies Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. (e) Purpose The purpose of the Commission is to examine and make recommendations with respect to emerging biotechnology as it pertains to current and future missions and activities of the Department of Defense. (f) Scope and duties (1) In general The Commission shall carry out a review of advances in emerging biotechnology and associated technologies. In carrying out such review, the Commission shall consider the methods, means, and investments necessary to advance and secure the development of biotechnology, biomanufacturing, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States. (2) Scope of the review In conducting the review described in this subsection, the Commission shall consider the following: (A) The global competitiveness of the United States in biotechnology, biomanufacturing, and associated technologies, including matters related to national security, defense, public-private partnerships, and investments. (B) Means, methods, and investments for the United States to maintain and protect a technological advantage in biotechnology, biomanufacturing, and associated technologies related to national security and defense. (C) Developments and trends in international cooperation and competitiveness, including foreign investments in biotechnology, biomanufacturing, and associated technologies that are scientifically and materially related to national security and defense. (D) Means by which to foster greater emphasis and investments in basic and advanced research to stimulate government, industry, academic and combined initiatives in biotechnology, biomanufacturing, and associated technologies, to the extent that such efforts have application scientifically and materially related to national security and defense. (E) Means by which to foster greater emphasis and investments in advanced development and test and evaluation of biotechnology-enabled capabilities to stimulate the growth of the United States bioeconomy and commercial industry, while also supporting and improving acquisition and adoption of biotechnologies for national security purposes. (F) Workforce and education incentives and programs to attract, recruit, and retain leading talent in fields relevant to the development and sustainment of biotechnology and biomanufacturing, including science, technology, engineering, data science and bioinformatics, and biology and related disciplines. (G) Risks and threats associated with advances in military employment of biotechnology and biomanufacturing. (H) Associated ethical, legal, social, and environmental considerations related to biotechnology, biomanufacturing, and associated technologies as it will be used for future applications related to national security and defense. (I) Means to establish international standards for the tools of biotechnology, biomanufacturing, related cybersecurity, and digital biosecurity. (J) Means to establish data sharing capabilities within and amongst government, industry, and academia to foster collaboration and accelerate innovation, while maintaining privacy and security for data as required for national security and personal protection purposes. (K) Consideration of the transformative potential and rapidly-changing developments of biotechnology and biomanufacturing innovation and appropriate mechanisms for managing such technology related to national security and defense. (L) Any other matters the Commission deems relevant to national security. (g) Commission report and recommendations (1) Final report Not later than 2 years after the Commission establishment date specified in subsection (a)(2), the Commission shall submit to the congressional defense committees and the President a final report on the findings of the Commission and such recommendations that the Commission may have for action by Congress and the Federal Government. (2) Interim report Not later than 1 year after the Commission establishment date specified in subsection (a)(2), the Commission shall submit to the congressional defense committees and the President an interim report on the status of the Commission’s review and assessment, including a discussion of any interim recommendations. (3) Form The report submitted to Congress under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (h) Government cooperation (1) Cooperation In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense and other Federal departments and agencies in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison The Secretary of Defense shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Detailees authorized The Secretary of Defense and the heads of other departments and agencies of the Federal Government may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense and such other departments and agencies, without reimbursement. (4) Facilitation (A) Independent, nongovernment institute Not later than 45 days after the Commission establishment date specified in subsection (a)(2), the Secretary of Defense may make available to the Commission the services of an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. (B) Federally funded research and development center On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. (5) Expedition of security clearances The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances under processes developed for the clearance of legislative branch employees for any personnel appointed to the Commission by their respective offices of the Senate and House of Representatives and any personnel appointed by the Executive Director appointed under subsection (i). (6) Services (A) DOD services The Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other agencies In addition to any support provided under paragraph (1), the heads of other Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support as the heads of such departments and agencies determine advisable and as may be authorized by law. (i) Staff (1) Status as federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, any member of the Commission who is not a Member of Congress shall be considered to be a Federal employee. (2) Executive director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from nonfederal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, members of the Commission shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and House of Representatives. (l) Legislative advisory committee The Commission shall operate as a legislative advisory committee. (m) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (n) Use of government information The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (o) Postal services The Commission may use the United States mail in the same manner and under the same conditions as Federal departments and agencies. (p) Space for use of commission Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (q) Removal of members A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. (r) Termination The Commission shall terminate 18 months after the date on which it submits the final report required by subsection (g). 1092. Quarterly security briefings on Afghanistan (a) In general Not later than January 15, 2022, and every 90 days thereafter through December 31, 2025, the Under Secretary of Defense for Policy, in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense committees an unclassified and classified briefing on the security situation in Afghanistan and ongoing Department of Defense efforts to counter terrorist groups in Afghanistan. (b) Elements Each briefing required by subsection (a) shall include an assessment of each of the following: (1) The security situation in Afghanistan. (2) The disposition of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, including the respective sizes and geographic areas of control of each such group. (3) The international terrorism ambitions and capabilities of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, and the extent to which each such group poses a threat to the United States and its allies. (4) The capability and willingness of the Taliban to counter the Islamic State of Khorasan. (5) The capability and willingness of the Taliban to counter al-Qaeda. (6) The extent to which the Taliban have targeted, and continue to target, Afghan nationals who assisted the United States and coalition forces during the United States military operations in Afghanistan between 2001 and 2021. (7) Basing, overflight, or other cooperative arrangements between the United States and regional partners as part of the over-the-horizon counterterrorism posture for Afghanistan. (8) The capability and effectiveness of the over-the-horizon counterterrorism posture of the United States for Afghanistan. (9) The disposition of United States forces in the area of operations of United States Central Command, including the force posture and associated capabilities to conduct operations in Afghanistan. (10) The activities of regional actors as they relate to promoting stability and countering threats from terrorist groups in Afghanistan, including— (A) military operations conducted by foreign countries in the region as such operations relate to Afghanistan; (B) the capabilities of the militaries of foreign countries to execute operations in Afghanistan; and (C) the relationships between the militaries of foreign countries and the Taliban or foreign terrorist organizations inside Afghanistan. (11) Any other matter the Under Secretary considers appropriate. 1093. Transition of funding for non-conventional assisted recovery capabilities (a) Plan required (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to transition the funding of non-conventional assisted recovery capabilities from the authority provided under section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4578) to the authority provided under section 127f of title 10, United States Code. (2) Elements The plan required by paragraph (1) shall include the following: (A) An identification of the non-conventional assisted recovery capabilities to be transitioned to the authority provided by such section 127f. (B) An identification of any legislative changes to such section 127f necessary to accommodate the transition of capabilities currently funded under such section 943. (C) A description of the manner in which the Secretary plans to ensure appropriate transparency of activities for non-conventional assisted recovery capabilities, and related funding, in the annual report required under subsection (e) of such section 127f. (D) Any other matter the Secretary considers relevant. (b) Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment Section 127f of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Non-Conventional assisted recovery capabilities Funding used to establish, develop, and maintain non-conventional assisted recovery capabilities under this section may only be obligated and expended with the concurrence of the relevant Chief of Mission or Chiefs of Mission.. 1094. Afghanistan War Commission Act of 2021 (a) Short title This section may be cited as the Afghanistan War Commission Act of 2021. (b) Definitions In this section: (1) The term applicable period means the period beginning June 1, 2001, and ending August 30, 2021. (2) The term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Armed Services of the House of Representatives; (F) the Committee on Foreign Affairs of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives. (3) The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (c) Establishment of Commission (1) Establishment There is established in the legislative branch an independent commission to be known as the Afghanistan War Commission (in this section referred to as the Commission ). (2) Membership (A) Composition The Commission shall be composed of 16 members of whom— (i) 1 shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (ii) 1 shall be appointed by the ranking member of the Committee on Armed Services of the Senate; (iii) 1 shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; (iv) 1 shall be appointed by the ranking member of the Committee on Armed Services of the House of Representatives; (v) 1 shall be appointed by the Chairman of the Committee on Foreign Relations of the Senate; (vi) 1 shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate; (vii) 1 shall be appointed by the Chairman of the Committee on Foreign Affairs of the House of Representatives; (viii) 1 shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives; (ix) 1 shall be appointed by the Chairman of the Select Committee on Intelligence of the Senate; (x) 1 shall be appointed by the Vice Chairman of the Select Committee on Intelligence of the Senate. (xi) 1 shall be appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives; (xii) 1 shall be appointed by the ranking member of the Permanent Select Committee on Intelligence of the House of Representatives; (xiii) 1 shall be appointed by the Majority leader of the Senate; (xiv) 1 shall be appointed by the Minority leader of the Senate; (xv) 1 shall be appointed by the Speaker of the House of Representatives; and (xvi) 1 shall be appointed by the Minority Leader of the House of Representatives. (B) Qualifications It is the sense of Congress that each member of the Commission appointed under subparagraph (A) should— (i) have significant professional experience in national security, such as a position in— (I) the Department of Defense; (II) the Department of State; (III) the intelligence community; (IV) the United States Agency for International Development; or (V) an academic or scholarly institution; and (ii) be eligible to receive the appropriate security clearance to effectively execute their duties. (C) Prohibitions A member of the Commission appointed under subparagraph (A) may not— (i) be a current member of Congress; (ii) be a former member of Congress who served in Congress after January 3, 2001; (iii) be a current or former registrant under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ); (iv) have previously investigated Afghanistan policy or the war in Afghanistan through employment in the office of a relevant inspector general; (v) have been the sole owner or had a majority stake in a company that held any United States or coalition defense contract providing goods or services to activities by the United States Government or coalition in Afghanistan during the applicable period; or (vi) have served, with direct involvement in actions by the United States Government in Afghanistan during the time the relevant official served, as— (I) a cabinet secretary or national security adviser to the President; or (II) a four-star flag officer, Under Secretary, or more senior official in the Department of Defense or the Department of State. (D) Date (i) In general The appointments of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act. (ii) Failure to make appointment If an appointment under subparagraph (A) is not made by the appointment date specified in clause (i)— (I) the authority to make such appointment shall expire; and (II) the number of members of the Commission shall be reduced by the number equal to the number of appointments not made. (3) Period of appointment; vacancies (A) In general A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies A vacancy in the Commission— (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment. (4) Meetings (A) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. (B) Frequency The Commission shall meet at the call of the Co-Chairpersons. (C) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (5) Co-Chairpersons Co-Chairpersons of the Commission shall be selected by the Leadership of the Senate and the House of Representatives as follows: (A) 1 Co-Chairperson selected by the Majority Leader of the Senate and the Speaker of the House of Representatives from the members of the Commission appointed by chairpersons of the appropriate congressional committees, the Majority Leader of the Senate, and the Speaker of the House of Representatives; and (B) 1 Co-Chairperson selected by the Minority Leader of the Senate and the Minority Leader of the House of Representatives from the members of the Commission appointed by the ranking members of the appropriate congressional committees, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. (d) Purpose of Commission The purpose of the Commission is— (1) to examine the key strategic, diplomatic, and operational decisions that pertain to the war in Afghanistan during the relevant period, including decisions, assessments, and events that preceded the war in Afghanistan; and (2) to develop a series of lessons learned and recommendations for the way forward that will inform future decisions by Congress and policymakers throughout the United States Government. (e) Duties of Commission (1) Study (A) In general The Commission shall conduct a thorough study of all matters relating to combat operations, reconstruction and security force assistance activities, intelligence activities, and diplomatic activities of the United States pertaining to the Afghanistan during the period beginning June 1, 2001, and ending August 30, 2021. (B) Matters Studied The matters studied by the Commission shall include— (i) for the time period specified under subparagraph (A)— (I) the policy objectives of the United States Government, including— (aa) military objectives; (bb) diplomatic objectives; and (cc) development objectives; (II) significant decisions made by the United States, including the development of options presented to policymakers; (III) the efficacy of efforts by the United States Government in meeting the objectives described in clause (i), including an analysis of— (aa) military efforts; (bb) diplomatic efforts; (cc) development efforts; and (dd) intelligence efforts; and (IV) the efficacy of counterterrorism efforts against al Qaeda, the Islamic State Khorasan Province, and other foreign terrorist organizations in degrading the will and capabilities of such organizations— (aa) to mount external attacks against the United States or its allies and partners; or (bb) to threaten stability in Afghanistan, neighboring countries, and the region; (ii) the efficacy of metrics, measures of effectiveness, and milestones used to assess progress of diplomatic, military, and intelligence efforts; (iii) the efficacy of interagency planning and execution process by the United States Government; (iv) factors that led to the collapse of the Afghan National Defense Security Forces in 2021, including— (I) training and mentoring from the institutional to the tactical levels within the Afghan National Defense Security Forces; (II) assessment methodologies, including any transition from different methodologies and the consistency of implementation and reporting; (III) the determination of how to establish and develop the Afghan National Defense Security Forces, including the Afghan Air Force, and what determined the security cooperation model used to build such force; (IV) reliance on technology and logistics support; (V) corruption; and (VI) reliance on warfighting enablers provided by the United States; (v) the challenges of corruption across the entire spectrum of the Afghan Government and efficacy of counter-corruption efforts to include linkages to diplomatic lines of effort, linkages to foreign and security assistance, and assessment methodologies; (vi) the efficacy of counter-narcotic efforts to include alternative livelihoods, eradication, interdiction, and education efforts; (vii) the role of countries neighboring Afghanistan in contributing to the stability or instability of Afghanistan; (viii) varying diplomatic approaches between Presidential administrations; (ix) the extent to which the intelligence community did or did not fail to provide sufficient warning about the probable outcomes of a withdrawal of coalition military personnel from Afghanistan, including as it relates to— (I) the capability and sustainability of the Afghanistan National Defense Security Forces; (II) the sustainability of the Afghan central government, absent coalition support; (III) the extent of Taliban control over Afghanistan over time with respect to geographic territory, population centers, governance, and influence; and (IV) the likelihood of the Taliban regaining control of Afghanistan at various levels of United States and coalition support, including the withdrawal of most or all United States or coalition support; (x) the extent to which intelligence products related to the state of the conflict in Afghanistan and the effectiveness of the Afghanistan National Defense Security Forces complied with intelligence community-wide analytic tradecraft standards and fully reflected the divergence of analytic views across the intelligence community; (xi) an evaluation of whether any element of the United States Government inappropriately restricted access to data from elements of the intelligence community, Congress, or the Special Inspector General for Afghanistan Reconstruction (SIGAR) or any other oversight body such as other inspectors general or the Government Accountability Office, including through the use of overclassification; and (xii) the extent to which public representations of the situation in Afghanistan before Congress by United States Government officials differed from the most recent formal assessment of the intelligence community at the time those representations were made. (2) Report required (A) In general (i) Annual report (I) In general Not later than 1 year after the date of the initial meeting of the Commission, and annually thereafter, the Commission shall submit to the appropriate congressional committees a report describing the progress of the activities of the Commission as of the date of such report, including any findings, recommendations, or lessons learned endorsed by the Commission. (II) Addenda Any member of the Commission may submit an addendum to a report required under subclause (I) setting forth the separate views of such member with respect to any matter considered by the Commission. (III) Briefing On the date of the submission of each report, the Commission shall brief Congress. (ii) Final report (I) Submission Not later than 3 years after the date of the initial meeting of the Commission, the Commission shall submit to Congress a report that contains a detailed statement of the findings, recommendations, and lessons learned endorsed by the Commission. (II) Addenda Any member of the Commission may submit an addendum to the report required under subclause (I) setting forth the separate views of such member with respect to any matter considered by the Commission. (III) Extension The Commission may submit the report required under subclause (I) at a date that is not more than 1 year later than the date specified in such clause if agreed to by the chairperson and ranking member of each of the appropriate congressional committees. (B) Form The report required by paragraph (1)(B) shall be submitted and publicly released on a Government website in unclassified form but may contain a classified annex. (C) Subsequent reports on declassification (i) In general Not later than 4 years after the date that the report required by subparagraph (A)(ii) is submitted, each relevant agency of jurisdiction shall submit to the committee of jurisdiction a report on the efforts of such agency to declassify such annex. (ii) Contents Each report required by clause (i) shall include— (I) a list of the items in the classified annex that the agency is working to declassify at the time of the report and an estimate of the timeline for declassification of such items; (II) a broad description of items in the annex that the agency is declining to declassify at the time of the report; and (III) any justification for withholding declassification of certain items in the annex and an estimate of the timeline for declassification of such items. (f) Powers of Commission (1) Hearings The Commission may hold such hearings, take such testimony, and receive such evidence as the Commission considers necessary to carry out its purpose and functions under this section. (2) Assistance from Federal agencies (A) Information (i) In general The Commission may secure directly from a Federal department or agency such information as the Commission considers necessary to carry out this section. (ii) Furnishing information Upon receipt of a written request by the Co-Chairpersons of the Commission, the head of the department or agency shall expeditiously furnish the information to the Commission. (B) Space for Commission (i) In general Not later than 30 days after the date of the enactment of this Act, the Architect of the Capitol, in consultation with the Commission, shall identify suitable space to house the operations of the Commission, which shall include— (I) a dedicated sensitive compartmented information facility or access to a sensitive compartmented information facility; and (II) the ability to store classified documents. (ii) Authority to lease If the Architect of the Capitol is not able to identify space in accordance with clause (i) within the 30-day period specified in clause (i), the Commission may lease space to the extent that funds are available for such purpose. (C) Compliance by intelligence community Elements of the intelligence community shall respond to requests submitted pursuant to paragraph (2) in a manner consistent with the protection of intelligence sources and methods. (3) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate. (5) Ethics (A) In general The members and employees of the Commission shall be subject to the ethical rules and guidelines of the Senate. (B) Reporting For purposes of title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), each member and employee of the Commission— (i) shall be deemed to be an officer or employee of the Congress (as defined in section 109(13) of such title); and (ii) shall file any report required to be filed by such member or such employee (including by virtue of the application of subsection (g)(1)) under title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) with the Secretary of the Senate. (g) Commission personnel matters (1) Compensation of members A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff (A) Status as federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (B) Executive director The Co-Chairpersons of the Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (C) Pay The Executive Director, with the approval of the Co-Chairpersons of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (D) Security clearances All staff must have or be eligible to receive the appropriate security clearance to conduct their duties. (4) Detail of government employees A Federal Government employee, with the appropriate security clearance to conduct their duties, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Co-Chairpersons of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (6) Pay The pay of each employee of the Commission and any member of the Commission who receives pay in accordance with paragraph (1) shall be disbursed by the Secretary of the Senate. (h) Termination of Commission The Commission shall terminate 90 days after the date on which the Commission submits the report required under subsection (e)(2)(A)(ii). 1095. Commission on the National Defense Strategy (a) Establishment (1) In general There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the Commission on the National Defense Strategy for the United States (in this subtitle referred to as the Commission ). (2) Date of establishment The date of establishment referred to in paragraph (1) is the date that is not later than 30 days after the date on which the Secretary of Defense provides a national defense strategy as required by section 113(g) of title 10, United States Code. (b) Membership (1) Number and appointment The Commission shall be composed of 8 members from private civilian life who are recognized experts in matters relating to the national security of the United States. The members shall be appointed as follows: (A) The Majority Leader of the Senate shall appoint 1 member. (B) The Minority Leader of the Senate shall appoint 1 member. (C) The Speaker of the House of Representatives shall appoint 1 member. (D) The Minority Leader of the House of Representatives shall appoint 1 member. (E) The Chair of the Committee on Armed Services of the Senate shall appoint 1 member. (F) The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member. (G) The Chair of the Committee on Armed Services of the House of Representatives shall appoint 1 member. (H) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member. (2) Deadline for appointment Members shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2). (3) Effect of lack of appointment by appointment date If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (c) Chair and vice chair (1) Chair The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives, with the concurrence of the Majority Leader of the Senate and the Speaker of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Chair of the Commission. (2) Vice chair The Ranking Member of the Committee on Armed Services of the Senate and the Ranking Member of the Committee on Armed Services of the House of Representatives, with the concurrence of the Minority Leader of the Senate and the Minority Leader of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Vice Chair of the Commission. (d) Period of appointment and vacancies Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made. (e) Purpose The purpose of the Commission is to examine and make recommendations with respect to the national defense strategy for the United States. (f) Scope and duties In order to provide the fullest understanding of the matters required under subsection (e), the Commission shall perform the following duties: (1) National defense strategy review The Commission shall review the most recent national defense strategy of the United States including the assumptions, strategic objectives, priority missions, major investments in defense capabilities, force posture and structure, operational concepts, and strategic and military risks associated with the strategy. (2) Assessment The Commission shall conduct a comprehensive assessment of the strategic environment to include the threats to the national security of the United States, including both traditional and non-traditional threats, the size and shape of the force, the readiness of the force, the posture, structure, and capabilities of the force, allocation of resources, and the strategic and military risks in order to provide recommendations on the national defense strategy for the United States. (g) Commission report and recommendations (1) Report Not later than one year after the Commission establishment date specified under subsection (a)(2), the Commission shall transmit to the President and Congress a report containing the review and assessment conducted under subsection (f), together with any recommendations of the Commission. The report shall include the following elements: (A) An appraisal of the strategic environment, including an examination of the traditional and non-traditional threats to the United States, and the potential for conflicts arising from such threats and security challenges. (B) An evaluation of the strategic objectives of the Department of Defense for near-peer competition in support of the national security interests of the United States. (C) A review of the military missions for which the Department of Defense should prepare, including missions that support the interagency and a whole-of-government strategy. (D) Identification of any gaps or redundancies in the roles and missions assigned to the Armed Forces necessary to carry out military missions identified in subparagraph (C), as well as the roles and capabilities provided by other Federal agencies and by allies and international partners. (E) An assessment of how the national defense strategy leverages other elements of national power across the interagency to counter near-peer competitors. (F) An evaluation of the resources necessary to support the strategy, including budget recommendations. (G) An examination of the Department’s efforts to develop new and innovative operational concepts to enable the United States to more effectively counter near-peer competitors. (H) An analysis of the force planning construct, including— (i) the size and shape of the force; (ii) the posture, structure, and capabilities of the force; (iii) the readiness of the force; (iv) infrastructure and organizational adjustments to the force; (v) modifications to personnel requirements, including professional military education; and (vi) other elements of the defense program necessary to support the strategy. (I) An assessment of the risks associated with the strategy, including the relationships and tradeoffs between missions, risks, and resources. (J) Any other elements the Commission considers appropriate. (2) Interim briefings (A) Not later than 180 days after the Commission establishment date specified in subsection (a)(2), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of its review and assessment to include a discussion of any interim recommendations. (B) At the request of the Chair and Ranking Member of the Committee on Armed Services of the Senate, or the Chair and Ranking Member of the Committee on Armed Services of the House of Representatives, the Commission shall provide the requesting Committee with interim briefings in addition to the briefing required by subparagraph (2)(A). (3) Form The report submitted to Congress under paragraph (1) of this subsection shall be submitted in unclassified form, but may include a classified annex. (h) Government cooperation (1) Cooperation In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison The Secretary shall designate at least 1 officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Detailees authorized The Secretary may provide, and the commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. (4) Facilitation (A) Independent, non-government institute Not later than 45 days after the Commission establishment date specified in subparagraph (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, non-governmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. (B) Federally funded research and development center On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. (5) Expedition of security clearances The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the commission by their respective Senate and House offices under processes developed for the clearance of legislative branch employees. (i) Staff (1) Status as Federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Executive director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the United States Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. (l) Funding Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $5,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended. (m) Legislative advisory committee The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). (n) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (o) Use of government information The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (p) Postal services The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (q) Space for use of commission Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (r) Removal of members A member may be removed from the commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal, voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this section shall not affect the powers of the commission, and shall be filled in the same manner as the original appointment was made. (s) Termination The Commission shall terminate 90 days after the date on which it submits the report required by subsection (g). 1101. Amendment to diversity and inclusion reporting Section 113 of title 10, United States Code, as amended by section 551 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (1) in subsection (c)(2), by inserting of members and civilian employees after inclusion ; (2) in subsection (l)— (A) in paragraph (1)— (i) in subparagraph (A), by striking ; and and inserting a semicolon; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following new subparagraph (B): (B) efforts to reflect, across the civilian workforce of the Department and of each armed force, the diversity of the population of the United States; and ; and (B) in paragraph (2)(B), by inserting and civilian employees of the Department after members of the armed forces ; and (3) in subsection (m)— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph (7): (7) The number of civilian employees of the Department, disaggregated by military department, gender, race, and ethnicity— (A) in each grade of the General Schedule; (B) in each grade of the Senior Executive Service; (C) paid at levels above grade GS-15 of the General Schedule but who are not members of the Senior Executive Service; (D) paid under the Federal Wage System, and (E) paid under alternative pay systems.. 1102. Civilian personnel management Section 129(a) of title 10, United States Code, is amended— (1) in the first sentence, by striking primarily and inserting solely ; and (2) in the second sentence, by striking solely. 1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense Section 1108(b)(1)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended to read as follows: (A) (i) at any defense industrial base facility (as that term is defined in section 2208(u)(3) of title 10, United States Code) that is part of the core logistics capabilities (as described in section 2464(a) of such title); or (ii) at any Major Range and Test Facility Base (as that term is defined in section 196(i) of such title); and. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies Section 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: (8) The Defense Institute of International Legal Studies.. 1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense Section 1597(e) title 10, United States Code, is amended— (1) by striking the subsection heading and inserting Consideration of employee performance in reductions ; and (2) by striking be made primarily on the basis of and inserting , among other factors as determined by the Secretary, account for employee. 1106. Repeal of 2-year probationary period (a) Repeal (1) In general Effective December 31, 2022, section 1599e of title 10, United States Code, is repealed. (2) Application The modification of probationary periods for covered employees (as that term is defined in such section 1599e as in effect on the date immediately preceding the date of enactment of this Act) by operation of the amendment made by paragraph (1) shall only apply to an individual appointed as such an employee on or after the effective date specified in paragraph (1). (b) Technical and conforming amendments (1) Title 10 The table of sections for chapter 81 of title 10, United States Code, is amended by striking the item relating to section 1599e. (2) Title 5 Title 5, United States Code, is amended— (A) in section 3321(c), by striking , or any individual covered by section 1599e of title 10 ; (B) in section 3393(d), by striking the second sentence; (C) in section 7501(1), by striking , except as provided in section 1599e of title 10, ; (D) in section 7511(a)(1)(A)(ii), by striking except as provided in section 1599e of title 10, ; and (E) in section 7541(1)(A), by striking or section 1599e of title 10. 1107. Modification of DARPA personnel management authority to attract science and engineering experts Section 1599h(b) of title 10, United States Code, is amended— (1) in paragraph (2)— (A) by striking subparagraph (A) and inserting the following: (A) in the case of employees appointed pursuant to paragraph (1)(B)— (i) to any of 5 positions designated by the Director of the Defense Advanced Research Projects Agency for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5; and (ii) to any other position designated by the Director for purposes of this clause, at rates not in excess of the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3; ; and (B) in subparagraph (B), by striking and at the end; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by adding at the end the following: (4) during any fiscal year, pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5.. 1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels Section 5542(a)(6)(A) of title 5, United States Code, is amended— (1) by inserting outside the United States after temporary duty ; (2) by striking the nuclear aircraft carrier that is forward deployed in Japan and inserting naval vessels ; (3) by inserting of 1938 after Fair Labor Standards Act ; and (4) by striking the overtime and all that follows through the period at the end and inserting the employee shall be coded and paid overtime as if the employee’s exemption status under that Act is the same as it is at the employee’s permanent duty station.. 1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia (a) In general Section 5519 of title 5, United States Code, is amended by striking or (c). (b) Application The amendment made by subsection (a) shall apply to any amounts credited, by operation of such section 5519, against the pay of an employee or individual described under section 6323(c) of such title on or after the date of enactment of this Act. 1110. Treatment of hours worked under a qualified trade-of-time arrangement Section 5542 of title 5, United States Code, is amended by adding at the end the following: (h) (1) (A) Notwithstanding any other provision of this section or section 5545b, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section, including overtime pay under the Fair Labor Standards Act in accordance with subsection (c). (B) The Director of the Office of Personnel Management— (i) shall identify the situations in which a firefighter shall be deemed to have worked hours actually worked by a substituting firefighter under a qualified trade-of-time arrangement; and (ii) may adopt necessary policies governing the treatment of both a substituting and substituted firefighter under a qualified trade-of-time arrangement, without regard to how those firefighters would otherwise be treated under other provisions of law or regulation. (2) In this subsection— (A) the term firefighter means an employee— (i) the work schedule of whom includes 24-hour duty shifts; and (ii) who— (I) is a firefighter, as defined in section 8331(21) or 8401(14); (II) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would so qualify if such employee had transferred directly to such position after serving as a firefighter within the meaning of such section; (III) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(14)(A) and (B) for at least 3 years; and (IV) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subclause (I), (II), or (III) if the employee were subject to subchapter III of chapter 83 or chapter 84; and (B) the term qualified trade-of-time arrangement means an arrangement under which 2 firefighters who are subject to the supervision of the same fire chief agree, solely at their option and with the approval of the employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity.. 1111. Parental bereavement leave (a) In general Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329d. Parental bereavement leave (a) Definitions In this section— (1) the terms employee and son or daughter have the meanings given those terms in section 6381; and (2) the term paid leave means, with respect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is otherwise entitled under law; or (C) credit for time or service. (b) Bereavement leave (1) In general Subject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee. (2) Limitation Leave under paragraph (1) may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. (3) Notice In any case in which the necessity for leave under this subsection is foreseeable, the employee shall provide the employing agency with such notice as is reasonable and practicable.. (b) Technical and conforming amendment The table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329d. Parental bereavement leave.. 6329d. Parental bereavement leave (a) Definitions In this section— (1) the terms employee and son or daughter have the meanings given those terms in section 6381; and (2) the term paid leave means, with respect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is otherwise entitled under law; or (C) credit for time or service. (b) Bereavement leave (1) In general Subject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee. (2) Limitation Leave under paragraph (1) may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. (3) Notice In any case in which the necessity for leave under this subsection is foreseeable, the employee shall provide the employing agency with such notice as is reasonable and practicable. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4615), as most recently amended by section 1105 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking through 2021 and inserting through 2022. 1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel Section 1132 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.) is amended— (1) in subsection (a), by striking through 2021 and inserting through 2026 ; (2) by redesignating subsection (f) as subsection (h); and (3) by inserting after subsection (e) the following: (f) Data collection requirement The Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of— (1) developing and sharing best practices; and (2) providing information to the leadership of the Department and Congress on the implementation of the pilot program and related policy issues. (g) Briefing Not later than 90 days after the end of each of fiscal years 2022 through 2026, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate including— (1) a description of the effect of this section on the management of civilian personnel at domestic defense industrial base facilities and Major Range and Test Facilities Base during the most recently ended fiscal year; and (2) the number of employees— (A) hired under such section during such fiscal year; and (B) expected to be hired under such section during the fiscal year in which the briefing is provided.. 1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 ( Public Law 109–234 ; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4616) and as most recently amended by section 1106 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking 2022 and inserting 2023. 1115. Assessment of Accelerated Promotion Program suspension (a) In general Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall conduct an assessment of the impacts resulting from the Navy’s suspension in 2016 of the Accelerated Promotion Program (in this section referred to as the APP ). The Inspector General may consult with the Secretary of the Navy in carrying out such assessment, but the Navy may not play any other role in such assessment. (b) Elements The assessment required under subsection (a) shall include the following elements: (1) An identification of the employees who were hired at the four public shipyards between January 23, 2016, and December 22, 2016, covering the period in which APP was suspended, and who would have otherwise been eligible for APP had the program been in effect at the time they were hired. (2) An assessment for each employee identified in paragraph (1) to determine the difference between wages earned from the date of hire to the date on which the wage data would be collected and the wages which would have been earned during this same period should that employee have participated in APP from the date of hire and been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension. (3) An assessment for each employee identified in paragraph (1) to determine at what grade and step each effected employee would be at on October 1, 2020, had that employee been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension. (4) An evaluation of existing authorities available to the Secretary to determine whether the Secretary can take measures using those authorities to provide the pay difference and corresponding interest, at a rate of the federal short–term interest rate plus 3 percent, to each effected employee identified in paragraph (2) and directly promote the employee to the grade and step identified in paragraph (3). (c) Report The Inspector General of the Department of Defense shall submit, to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of the evaluation by not later than 270 days after the date of enactment of this Act, and shall provide interim briefings upon request. 1116. Increase in allowance based on duty at remote worksites (a) Assessment and rate Not later than March 31, 2022, the Director of the Office of Personnel Management shall complete an assessment of the remote site pay allowance under section 5942 of title 5, United States Code, and propose a new rate of such allowance, adjusted for inflation, and submit such assessment and rate to the President and to Congress. (b) Application Beginning on the first day of the first pay period beginning after the date the Director submits the assessment and rate under subsection (a), such rate shall, notwithstanding subsection (a) of such section 5942, be the rate of such allowance. 1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees (a) In general Except as provided in subsection (b), in addition to the prohibition set forth in section 208 of title 18, United States Code, an officer or employee of the Department of Defense may not knowingly participate personally and substantially in any particular matter involving specific parties where any of the following organizations is a party or represents a party to the matter: (1) Any organization, including a trade organization, for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 2 years. (2) Any organization with which the officer or employee is seeking employment. (b) Authorization An agency designee may authorize the officer or employee to participate in a matter described in paragraph (a) based on a determination, made in light of all relevant circumstances, that the interest of the Government in the officer or employee's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs and operations. (c) Construction Nothing in this section shall be construed to terminate, alter, or make inapplicable any other prohibition or limitation in law or regulation on the participation of officers or employees of the Department of Defense in particular matters having an effect on their or related financial or other personal interests. 1118. Occupational series for digital career fields Not later than 270 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall, pursuant to chapter 51 of title 5, United States Code, establish or update one or more occupational series covering Federal Government positions in the fields of software development, software engineering, data science, and data management. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel (a) In general Subchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section: 334. Administrative support and payment of certain expenses for covered foreign defense personnel (a) In general The Secretary of Defense may— (1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and (2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are— (A) from a developing country; and (B) assigned to the headquarters of the United Nations Command. (b) Types of expenses The types of expenses that may be paid under the authority of subsection (a)(2) are the following: (1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel. (2) Personal expenses directly related to carrying out such duties. (3) Expenses for medical care at a military medical facility. (4) Expenses for medical care at a civilian medical facility, if— (A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility; (B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and (C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement. (5) Mission-related travel expenses, if— (A) such travel is in direct support of the national interests of the United States; and (B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations. (c) Reimbursement The Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement. (d) Definitions In this section: (1) The term administrative services and support means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services. (2) The term covered foreign defense personnel means members of the military of a foreign country who are assigned to— (A) the United Nations Command; or (B) the Neutral Nations Supervisory Commission. (3) The term developing country has the meaning given the term in section 301(4) of this title. (4) The term Neutral Nations Supervisory Commission means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements. (5) The term United Nations Command means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard.. (b) Conforming amendment The table of sections at the beginning of subchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new item: 334. Administrative support and payment of certain expenses for covered foreign defense personnel.. 334. Administrative support and payment of certain expenses for covered foreign defense personnel (a) In general The Secretary of Defense may— (1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and (2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are— (A) from a developing country; and (B) assigned to the headquarters of the United Nations Command. (b) Types of expenses The types of expenses that may be paid under the authority of subsection (a)(2) are the following: (1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel. (2) Personal expenses directly related to carrying out such duties. (3) Expenses for medical care at a military medical facility. (4) Expenses for medical care at a civilian medical facility, if— (A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility; (B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and (C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement. (5) Mission-related travel expenses, if— (A) such travel is in direct support of the national interests of the United States; and (B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations. (c) Reimbursement The Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement. (d) Definitions In this section: (1) The term administrative services and support means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services. (2) The term covered foreign defense personnel means members of the military of a foreign country who are assigned to— (A) the United Nations Command; or (B) the Neutral Nations Supervisory Commission. (3) The term developing country has the meaning given the term in section 301(4) of this title. (4) The term Neutral Nations Supervisory Commission means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements. (5) The term United Nations Command means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard. 1202. Authority for certain reimbursable interchange of supplies and services Section 2571 of title 10, United States Code, is amended— (1) by amending subsection (b) to read as follows: (b) (1) If its head approves, a department or organization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those departments or organizations, with or without reimbursement or transfer of funds. (2) Use of the authority under this section for reimbursable support is limited to support for the purpose of providing assistance to a foreign partner pursuant to section 333 and section 345 of this title. ; and (2) by adding at the end the following new subsection: (e) (1) An order placed by a department or organization on a reimbursable basis pursuant to subsection (b) shall be considered to be an obligation in the same manner as an order placed under section 6307 of title 41. (2) Amounts received as reimbursement shall be credited in accordance with section 2205 of this title to the appropriation of the supporting department or organization used in incurring the obligation in the year or years that support is provided.. 1203. Extension of support of special operations for irregular warfare Section 1202(a) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1639) is amended by striking 2023 and inserting 2025. 1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces Section 1205(f) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ) is amended— (1) in paragraph (1)— (A) by striking and 2020 and inserting , 2020, and 2022 ; and (B) by striking section 2282 of title 10, United States Code (as so added) and inserting subsections (a)(1) and (e)(7)(B) of section 333 of title 10, United States Code ; and (2) in paragraph (2)— (A) by redesignating subparagraph (E) as subparagraph (H); and (B) by inserting after subparagraph (D) the following: (E) An evaluation of coordination by the Department of Defense with foreign countries under the program or programs, as applicable. (F) A description and evaluation of the methodology used by the Department of Defense to evaluate the effectiveness of training under the program or programs. (G) An analysis of the methodology used by the Department of Defense to evaluate the effectiveness of the program or programs to develop the institutional capacity of the foreign countries.. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security (a) Authority For fiscal year 2022, the Secretary of Defense is authorized to pay for the travel, subsistence, and similar personnel expenses of the national security forces of a friendly foreign country to participate in the training program of the United States-Colombia Action Plan for Regional Security conducted at a facility in Colombia. (b) Notification Not later than 15 days before the exercise of the authority under subsection (a), the Secretary shall provide to the congressional defense committees a written notification that includes the following: (1) An identification of the foreign country, and the specific unit of the national security forces of such country, the capacity of which will be built by participating in such training program. (2) The amount of support to be provided under that subsection. (3) An identification of the United States equipment purchased or acquired by such foreign country, for the use of which training is being provided under such training program. (4) A description of the specific capabilities to be built through such training program with such support. (5) A detailed description of the manner in which building the capabilities of such country through such training program advances the national security interests of the United States. (6) A detailed assessment of the effectiveness of such training program in meeting Department of Defense requirements for building the capacity of such country. (c) Source of funds Of the amounts authorized to be appropriated for fiscal year 2022 for the Department of Defense for operation and maintenance, Defense-wide, the Secretary may obligate or expend not more than $2,000,000 to pay for expenses described in subsection (a) for such fiscal year. (d) Limitation The provision of support under subsection (a) shall be subject to section 362 of title 10, United States Code. 1206. Security cooperation strategy for certain combatant commands (a) In general The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a security cooperation strategy for each covered combatant command, which shall apply to the security cooperation programs and activities of the Department of Defense (as defined in section 301 of title 10, United States Code). (b) Elements The strategy for each covered combatant command required by subsection (a) shall include the following: (1) A discussion of how the strategy will— (A) support and advance United States national security interests in strategic competition with near-peer rivals; (B) prioritize and build key capabilities of allied and partner security forces so as to enhance bilateral and multilateral interoperability and responsiveness; (C) prioritize and build the capabilities of foreign partner security forces to secure their own territory, including through operations against violent extremist groups; (D) promote and build institutional capabilities for observance of, and respect for— (i) the law of armed conflict; (ii) human rights and fundamental freedoms; (iii) the rule of law; and (iv) civilian control of the military; and (E) support the programs and activities of law enforcement and civilian agencies, as appropriate, to counter the threat of and reduce risks from illicit drug trafficking and other forms of transnational organized crime. (2) A statement of the security cooperation strategic objectives for— (A) the covered combatant command; and (B) the covered combatant command in conjunction with other covered combatant commands. (3) A description of the primary security cooperation lines of effort for achieving such strategic objectives, including prioritization of foreign partners within the covered combatant command. (4) A description of the Department of Defense authorities to be used for each such line of effort and the manner in which such authorities will contribute to achieving such strategic objectives. (5) A description of the institutional capacity-building programs and activities within the covered combatant command and an assessment of the manner in which such programs and activities contribute to achieving such strategic objectives. (6) A description of Department of Defense educational programs and institutions, and international institutions, relevant to the combatant command and an assessment of the manner in which such programs and institutions contribute to achieving such strategic objectives. (7) A discussion of the manner in which the development, planning, and implementation of programs or activities under Department of Defense security cooperation authorities are coordinated and deconflicted with security assistance and other assistance authorities of the Department of State and other civilian agencies. (c) Reports (1) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the security cooperation strategy for each covered combatant command developed under subsection (a). (2) Subsequent reports Beginning in fiscal year 2023, and annually thereafter through fiscal year 2027, concurrently with the submittal of the report required by section 386(a) of title 10, United States Code, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the implementation of the security cooperation strategy for each covered combatant command developed under subsection (a). (d) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Covered combatant command The term covered combatant command means— (A) the United States European Command; (B) the United States Indo-Pacific Command; (C) the United States Central Command; (D) the United States Africa Command; (E) the United States Southern Command; and (F) the United States Northern Command. 1207. Report on security cooperation programs (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report that— (1) reviews the existing requirements for conducting human rights training of foreign national security forces pursuant to security cooperation authorities under chapter 16 of title 10, United States Code; (2) reviews current Department of Defense practices and procedures for collecting data under such authorities for purposes of assessing, monitoring, and evaluating the effectiveness of such human rights training programs and assessing compliance with section 362 of title 10, United States Code; and (3) evaluates the effectiveness of human rights training described in paragraph (1) to contribute to United States national security objectives. (b) Matters to be included The report required by subsection (a) may include recommendations for measures to improve the effectiveness of human rights training or to promote observation of and respect for human rights and fundamental freedoms, the rule of law, and civilian control of the military. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan It is the sense of Congress that— (1) the servicemembers of the United States Armed Forces who served in Afghanistan represent the very best of the United States; (2) the service of those who returned home from war with wounds seen and unseen and those who died in defense of the Nation are not forgotten; (3) the United States honors these brave members of the Armed Forces and their families; and (4) the United States shall never forget the services they rendered and the sacrifices they and their families made in the defense of a grateful Nation. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 393) is amended— (1) in subsection (a), by striking for the period beginning on October 1, 2020, and ending on December 31, 2021 and inserting for the period beginning on October 1, 2021, and ending on December 31, 2022 ; and (2) in subsection (d)— (A) by striking during the period beginning on October 1, 2020, and ending on December 31, 2021 and inserting during the period beginning on October 1, 2021, and ending on December 31, 2022 ; and (B) by striking $180,000,000 and inserting $60,000,000. 1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban (a) Prohibition None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available— (1) to provide any funds or resources to the Taliban; or (2) to conduct any military cooperation or sharing of military intelligence with the Taliban, unless the Secretary of Defense determines that such cooperation or sharing advances the national security interests of the United States. (b) Notification –— (1) Submission required If the Secretary makes an affirmative determination described in subsection (1)(a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written description of the military cooperation or military intelligence that was shared with the Taliban pursuant to such determination, not later than 5 days after the date of such cooperation or sharing. The Secretary shall include with such description any other matter the Secretary determines relevant. (2) Form The information described in paragraph (1) shall be submitted in an unclassified format and may include a classified annex. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available for the operation of any aircraft of the Department of Defense to transport currency or other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any subsidiary, agent, or instrumentality of either the Taliban or the Islamic Emirate of Afghanistan. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2022 may be used to remove from the website of the Department of Defense or any other agency publicly available accountings of military assistance provided to the Afghan security forces that was publicly available online as of July 1, 2021. 1216. Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to appropriate congressional committees a joint report on the use of the Department of Defense Synchronized Predeployment and Operational Tracker database (in this section referred to as the SPOT database ) to verify the existence, for the purpose of determining eligibility for special immigrant visa (SIV) program, of— (1) Department of Defense contracts; (2) employment of Afghans who worked for the United States Government; and (3) biographic data. (b) Elements of joint report The joint report required under subsection (a) shall— (1) evaluate the improvements in the SIV process following the use of the SPOT database to verify SIV applications, including the extent to which use of SPOT expedited SIV processing, reduced the risk of fraudulent documents, and the extent to which the SPOT database could be used for future SIV programs; (2) identify obstacles that persisted in documenting the identity and employment of locally employed staff and contractors after the use of the SPOT database in the SIV process; and (3) recommend the changes to the SPOT database that would be necessary to make it a centralized interagency database of personnel and employment data that can be used to adjudicate SIV eligibility for those employed under United States Government contracts, grants, or cooperative agreements. (c) Consultation For the purposes of preparing the joint report required under this section, the Secretary of Defense and the Secretary of State shall consult with the Administrator of the United States Agency for International Development and the Secretary of Homeland Security. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Commander of United States Central Command, shall submit to the congressional defense committees a report regarding the covered United States equipment, property, and classified material and money in cash that was destroyed or abandoned in Afghanistan or removed from Afghanistan during the covered period. Such report shall include each of the following: (1) A determination of the value of the covered United States equipment, property, and classified material that was destroyed or abandoned, disaggregated by military department and itemized to the most specific feasible level. (2) An itemized list of destroyed or abandoned aircraft in Afghanistan and the location and condition of aircraft flown out of Afghanistan formerly possessed by the Afghan Air Force or the former government of Afghanistan. (3) An itemized list of destroyed or abandoned weapons, weapon systems, components of weapons or weapon systems, ammunition, explosives, missiles, ordnance, bombs, mines, or projectiles, disaggregated by military department. (4) For each item on a list referred to in paragraphs (2) and (3), an explanation of the legal authority relied upon to destroy or abandon that specific item. (5) An evaluation of the capabilities of the Taliban post-withdrawal as a result of their seizure of abandoned covered United States equipment, property, and classified material, including an evaluation of the capabilities of the Taliban post-withdrawal to monetize through the transfer of abandoned covered United States equipment, property, and classified material to adversaries of the United States. (6) An assessment of aircraft flown out of Afghanistan formerly possessed by the Afghan Air Force or the former government of Afghanistan that could be returned to the Taliban or to the Islamic Emirate of Afghanistan by other countries. (7) An assessment of the damage to the national security interests of the United States as a result of the destroyed or abandoned covered United States equipment, property, and classified material. (8) An assessment of the feasibility of disabling, destroying, recovering, or recapturing abandoned covered United States equipment, property, and classified material in and outside of Afghanistan and any plans to do so. (9) Available imagery or photography depicting the Taliban or other countries possessing abandoned covered United States equipment, property, and classified material. (b) Executive summary of report The report required under subsection (a) shall include an executive summary of the report, which shall be unclassified and made publicly available. (c) Briefing Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, the Secretaries of the military departments, and the Commander of United States Central Command shall provide to the congressional defense committees a briefing on the report required by this section. (d) Definitions In this section: (1) Covered United States equipment, property, and classified material The term covered United States equipment, property, and classified material means any of the following items formerly owned by the Government of the United States or provided by the United States to the former government or military of Afghanistan during the covered period: (A) Real property, including any lands, buildings, structures, utilities systems, improvements, and appurtenances, thereto, including equipment attached to and made part of buildings and structures, but not movable equipment. (B) Personal property, including property of any kind or any interest therein, except real property. (C) Equipment, including all nonexpendable items needed to outfit or equip an individual or organization. (D) Classified information, in any form, including official information that has been determined to require, in the interests of national security, protection against unauthorized disclosure and which has been so designated. (2) Covered period The term covered period means the period beginning on February 29, 2020, and ending on the date of the enactment of this Act. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals (a) Extension Subsection (a) of section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 127 Stat. 3451) is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Notice before provision of assistance Subsection (b)(2) of such section is amended by striking subparagraph (A) and inserting the following: (A) not later than 15 days before the expenditure of each 25 percent of the total amount authorized to be appropriated in any fiscal year under this section; or. (c) Waiver authority Subsection (l) of such section is amended by adding at the end the following: (3) Waiver authority (A) In general The President may waive the limitation under paragraph (1)(A) on a per project basis for the purposes of providing support authorized under subsection (a)(4) if the President— (i) determines that the waiver is in the national security interest of the United States; and (ii) submits to the appropriate congressional committees a notification of the exercise of the waiver. (B) Notice and wait (i) In general A project with respect to which the exercise of a waiver under subparagraph (A) applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by subparagraph (A)(ii). (ii) Matters to be included The notification required by subparagraph (A)(ii) shall include the following: (I) A detailed plan and cost estimate for the project. (II) A certification by the President that facilities and activities relating to the project comply with— (aa) the law of armed conflict; (bb) internationally recognized human rights; (cc) the principle of non-refoulement; (dd) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and (ee) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). (III) An explanation of the national security interest addressed by the project. (iii) Appropriate congressional committees defined In this subparagraph, the term appropriate congressional committees means— (I) the congressional defense committees; and (II) the Committee on Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (C) Update to plan and cost estimate Upon obligation of any funds to carry out a project with respect to which the exercise of a waiver under subparagraph (A) applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by subparagraph (B)(ii)(I). (D) Sunset The waiver authority under this paragraph shall expire on December 31, 2022.. (d) Technical amendment The table of contents for the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 127 Stat. 3293) is amended by striking the item relating to section 1209 and inserting the following: Sec. 1209. Authority to provide assistance to vetted Syrian groups and individuals.. 1222. Defense and diplomatic strategy for Syria (a) Report required Not later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State and in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report that contains a description of the United States defense and diplomatic strategy for Syria. (b) Elements The report required by subsection (a) shall include the following elements: (1) A United States diplomatic strategy for Syria, including a description of the desired diplomatic objectives for advancing United States national interests in Syria, desired end-goals, and a description of the intended diplomatic and related foreign policy means to achieve such objectives, including engagement with key foreign actors operating in Syria such as Russia and Turkey. (2) A United States defense strategy for Syria, including a description of the security objectives the United States aims to achieve, including the objectives and desired end-state for the United States military presence in northeast Syria, envisioned transition timeline for security responsibilities to the Syrian Democratic Forces (SDF), and status of remaining ISIS elements, strategy to mitigate Turkish-SDF tensions, and a long-term approach to managing the threat of Iranian-aligned militias and forces operating in Syria to United States partners and interests. (3) A description of United States strategy and objectives for United States military support to and coordination with the Jaysh Maghawir al-Thawra (“MaT”) including transition plan and operational needs in and around Al-Tanf. (4) A plan for enduring security of ISIS detainees currently held in SDF secured facilities (including so-called “third country fighters” as well as Iraqi and Syrian national ISIS detainees) accounting for security of personnel and facilities involved. (5) A diplomatic strategy for securing the repatriation of remaining ISIS “third country fighters” to countries of origin, including a comprehensive breakdown of each country of origin and number of detainees yet to be repatriated. (6) A plan for the resettlement and disposition of ISIS connected women and children in remaining detention facilities, including roles and responsibilities of counter-ISIS coalition partners. (7) A detailed assessment of the security and humanitarian situation at the internally displaced persons camp at Rukban, including an overview of international efforts to reduce the camp’s population and United States policy options to ameliorate the situation. (8) A plan for diplomatic and humanitarian engagement with regional partners and multilateral institutions to ensure successful and safe delivery of continued humanitarian assistance to non-regime held areas of Syria. (9) An assessment of United States efforts to prevent normalization and rehabilitation of the Assad regime, to include addressing recent outreach to the Assad regime by United States partners. (10) An assessment of United States diplomatic efforts to prevent Syria’s re-entry into the Arab League. (11) An assessment of progress towards meeting the criteria specified in paragraphs (1) through (7) of section 7431(a) of the Caesar Syria Civilian Protection Act of 2019 ( Public Law 116–92 ; 133 Stat. 2297), required for suspension of sanctions against the Assad regime. (12) An assessment of United States efforts to seek accountability for the Assad regime’s crimes against the Syrian people, to include unlawful detention, forced disappearance, torture, starvation, and the use of chemical weapons. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria (a) In general Subsection (a) of section 1236 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3558) is amended by striking December 31, 2021 and inserting December 31, 2022. (b) Funding Subsection (g) of such section is amended— (1) by striking fiscal year 2021 and inserting fiscal year 2022 ; and (2) by striking $322,500,000 and inserting $345,000,000. (c) Assessment and authority To assist directly certain covered groups Subsection (l)(1)(B) of such section is amended— (1) by striking clause (ii); (2) (A) by redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (B) by redesignating clause (vii) as clause (xi); (3) in clause (iv), as redesignated, by striking , and once established, the Iraqi Sunni National Guard ; and (4) by inserting after clause (v), as redesignated, the following: (vi) Whether the Shia militias are gaining new malign capabilities or improving such capabilities, and whether the Government of Iraq is acting to counter or suppress those capabilities. (vii) Whether the Government of Iraq is acting to ensure the safety of United States Government personnel and citizens, as well as the safety of United States facilities. (viii) Whether the Government of Iraq is ensuring the safe and voluntary return of ethno-religious minority populations to their home communities in the Nineveh Plains region of Iraq. (ix) Whether the Government of Iraq has provided support and funding to institutionalize and make permanent local, representative, and regionally-based security forces. (x) An assessment of the impact of the Iraq and Syria Genocide Relief and Accountability Act of 2018 ( Public Law 115–300 ) on return rates of vulnerable, indigenous, ethno-religious groups, including Assyrians and Yazidis, in those areas of the Nineveh Plains region of Iraq in which assistance has been provided pursuant to subsection (a).. (d) Waiver authority Such section, as so amended, is further amended by adding at the end the following: (o) Waiver authority (1) In general The President may waive the dollar amount limitation in subsection (a) with respect to a construction, repair, or renovation project for the purposes of providing the support described in paragraph (2) if the President— (A) determines that the waiver is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a notification of the exercise of the waiver. (2) Support described The support described in this paragraph is support relating to temporary humane detention of Islamic State of Iraq and Syria foreign terrorist fighters in accordance with all laws and obligations relating to the provision of such support, including, as applicable— (A) the law of armed conflict; (B) internationally recognized human rights; (C) the principle of non-refoulement; (D) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and (E) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). (3) Notice and wait (A) In general A project with respect to which the exercise of a waiver under paragraph (1) applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by paragraph (1)(B). (B) Matters to be included The notification required by paragraph (1)(B) shall include the following: (i) A detailed plan and cost estimate for the project. (ii) A certification by the President that facilities and activities relating to the project comply with the laws and obligations described in paragraph (2). (iii) An explanation of the national security interest addressed by the project. (C) Appropriate congressional committees defined In this paragraph, the term appropriate congressional committees means— (i) the congressional defense committees; and (ii) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (4) Update to plan and cost estimate Upon obligation of any funds to carry out a project with respect to which the exercise of a waiver under paragraph (1) applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by paragraph (3)(B)(i). (5) Sunset The waiver authority under this subsection shall expire on December 31, 2022.. (e) Restriction on Counter-ISIS Train and Equip Fund Amounts authorized to be appropriated by this Act or the amendments made by this Act or otherwise made available for any fiscal year to the Counter-Islamic State of Iraq and Syria Train and Equip Fund are authorized to be made available only in support of partner forces eligible to receive assistance under section 1209(a) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3541) or subsection (a) of section 1236 of such Act, as amended by subsection (a) of this section. (f) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, shall submit to appropriate congressional committees a report that contains the following: (A) A comprehensive strategy and plan to train and build lasting and sustainable military capabilities of the Iraqi security forces, including the Kurdish Peshmerga, using existing authorities, which may include a memorandum of understanding with the Ministry of Peshmerga Affairs in coordination with the Government of Iraq. (B) A plan to engage the Government of Iraq and the Kurdistan Regional Government in security sector reform and strengthen and sustainably build the capacity of Iraq’s national defense and security institutions, including the Kurdish Peshmerga. (C) A description of the current status, capabilities, and operational capacity of remaining Islamic State of Iraq and Syria elements active in Iraq and Syria. (2) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees means— (A) the congressional defense committees; and (B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq (a) Limitation on amount Subsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 113 note) is amended by striking fiscal year 2021 and inserting fiscal year 2022. (b) Source of funds Subsection (d) of such section is amended by striking fiscal year 2021 and inserting fiscal year 2022. (c) Limitation on availability of funds Subsection (h) of such section is amended to read as follows: (h) Limitation on availability of funds Of the amount authorized to be appropriated by this Act for fiscal year 2022 to carry out this section, not more than $10,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report that— (1) details further steps to reorganize the Office in a manner similar to that of other security cooperation offices in the region and indicates whether such reorganization will be achieved by 2023; (2) describes progress made toward the continuation of bilateral engagement with the Government of Iraq, with the objective of establishing a joint mechanism for security assistance planning; (3) includes a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform; and (4) describes progress made toward, and a timeline for, the transition of the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years.. 1225. Prohibition on transfers to Badr Organization None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available, directly or indirectly, to the Badr Organization. 1226. Prohibition on transfers to Iran None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available to transfer or facilitate a transfer of pallets of currency, currency, or other items of value to the Government of Iran, any subsidiary of such Government, or any agent or instrumentality of Iran. 1227. Report on the military capabilities of Iran and related activities (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report that includes the following: (1) A detailed description of each of the following: (A) Advancements in the military capabilities of Iran, including capabilities of the Islamic Revolutionary Guard Corps, the Quds Force, the Artesh, and the Basij. (B) All known instances of the supply, sale, or transfer of arms or related materiel, including spare parts, to or from Iran. (C) All known instances of missile launches by Iran, including for the purposes of testing and development or use in military operations. (D) Changes to the military capabilities of Iran-backed groups, most notably Lebanese Hezbollah, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the Houthis). (2) An assessment of each of the following: (A) Impacts that the imposition or revocation of unilateral United States economic sanctions on Iran may have on the military capabilities of entities described in subparagraphs (A) and (D) of paragraph (1). (B) Acts of violence and intimidation that Iranian-backed militias in Iraq have committed against Iraqi civilians. (C) The threat that Iranian-backed militias in Iraq pose to United States personnel in Iraq and in the Middle East, including United States Armed Forces and diplomats. (D) The threat Iranian-backed militias in Iraq pose to United States partners in the region. (E) The role that Iranian-backed militias in Iraq, including the Badr Organization, play in Iraq’s armed forces and security services, including Iraq’s Popular Mobilization Forces. (F) The United Nations arms embargo on Iran’s ability to supply, sell, or transfer, directly or indirectly, arms or related materiel while the embargo was in effect. (G) Iran’s use of kidnapping operations against United States citizens and an analysis of opportunities to counter such actions or impose costs on Iran. (b) Time period Except as otherwise provided, the report required by subsection (a) shall cover developments during the period beginning in June 2018 and ending on the day before the date on which the report is submitted. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. 1228. Sense of Congress on enrichment of uranium by Iran It is the sense of Congress that— (1) the Government of Iran’s decision to enrich uranium up to 60 percent purity is a further escalation and shortens the breakout time to produce enough highly enriched uranium to develop a nuclear weapon; and (2) the Government of Iran should immediately abandon any pursuit of a nuclear weapon. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) is amended by striking 2020, or 2021 and inserting 2020, 2021, or 2022. 1232. Extension of Ukraine Security Assistance Initiative Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1068) is amended as follows: (1) In subsection (c)— (A) in paragraph (1), by striking funds available for fiscal year 2021 pursuant to subsection (f)(6) and inserting funds available for fiscal year 2022 pursuant to subsection (f)(7) ; (B) in paragraph (3), by striking fiscal year 2021 and inserting fiscal year 2022 ; and (C) in paragraph (5), by striking Of the funds available for fiscal year 2021 pursuant to subsection (f)(6) and inserting Of the funds available for fiscal year 2022 pursuant to subsection (f)(7). (2) In subsection (f), by adding at the end the following: (7) For fiscal year 2022, $300,000,000.. (3) In subsection (h), by striking December 31, 2023 and inserting December 31, 2024. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises Subsection (h) of section 1251 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended— (1) in the first sentence, by striking December 31, 2023 and inserting December 31, 2024 ; and (2) in the second sentence, by striking the period beginning on October 1, 2015, and ending on December 31, 2023 and inserting the period beginning on October 1, 2015, and ending on December 31, 2024.. 1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea (a) Prohibition None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea. (b) Waiver The Secretary of Defense, with the concurrence of the Secretary of State, may waive the prohibition under subsection (a) if the Secretary of Defense— (1) determines that a waiver is in the national security interest of the United States; and (2) on the date on which the waiver is invoked, submits a notification of the waiver and a justification of the reason for seeking the waiver to— (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member (a) Report required Not later than 180 days after the date of the enactment of this Act and biennially thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of any other appropriate departments or agencies, shall jointly submit to the appropriate congressional committees a report on Russian influence operations and campaigns that target United States military alliances and partnerships. (b) Elements The report required under subsection (a) shall include each of the following: (1) An assessment of Russia’s objectives for influence operations and campaigns targeting United States military alliances and partnerships, including the North Atlantic Treaty Organization, its allies, and partner countries, and how such operations and campaigns relate to Russia’s broader strategic aims. (2) The activities and roles of the Department of Defense and Department of State in the United States Government strategy to counter such Russian influence operations and campaigns. (3) A comprehensive list of specific Russian state and non-state entities, or those of any other country with which Russia may cooperate, involved in supporting such Russian influence operations and campaigns and the role of each such entity in such support. (4) An identification of the tactics, techniques, and procedures used in previous Russian influence operations and campaigns. (5) An assessment of the impact of previous Russian influence operations and campaigns targeting United States military alliances and partnerships, including the views of senior Russian officials about the effectiveness of such operations and campaigns in achieving Russian objectives. (6) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that has been targeted by Russian influence operations and campaigns. (7) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that may be targeted in future Russian influence operations and campaigns, and an assessment of the likelihood that each such ally, partner, or alliance will be targeted. (8) An assessment of the capacity and efforts of each United States ally and partner, and each military alliance of which the United States is a member, to counter Russian influence operations and campaigns. (9) An identification of tactics, techniques, and procedures likely to be used in future Russian influence operations and campaigns targeting United States military alliances and partnerships. (10) Recommended authorities or activities for the Department of Defense and Department of State in the United States Government strategy to counter such Russian influence operations and campaigns. (11) Any other matters the Secretaries determine appropriate. (c) Form The report required under subsection (a) shall be submitted in unclassified form and in a manner appropriate for release to the public, but may include a classified annex. (d) Definitions In this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative (a) Assistance and training Subsection (a)(1) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended, in the matter preceding subparagraph (A), by striking for the purpose of and all that follows through Indian Ocean and inserting with the primary goal of increasing multilateral maritime security cooperation and maritime domain awareness of foreign countries in the area of responsibility of the United States Indo-Pacific Command. (b) Recipient countries Subsection (b) of such section is amended to read as follows: (b) Recipient countries The foreign countries that may be provided assistance and training under subsection (a) are the countries located within the area of responsibility of the United States Indo-Pacific Command.. (c) Types of assistance and training Subsection (c)(1) of such section is amended by striking small-scale military construction and inserting small-scale construction (as defined in section 301 of title 10, United States Code). (d) Priorities for assistance and training Subsection (d) of such section is amended to read as follows: (d) Priorities for assistance and training In developing programs for assistance or training to be provided under subsection (a), the Secretary of Defense shall prioritize assistance, training, or both, to enhance— (1) multilateral cooperation and coordination among recipient countries; or (2) the capabilities of a recipient country to more effectively participate in a regional organization of which the recipient country is a member.. (e) Incremental expenses of personnel of certain other countries for training Subsection (e) of such section is amended to read as follows: (e) Incremental expenses of personnel of recipient countries for training If the Secretary of Defense determines that the payment of incremental expenses (as defined in section 301 of title 10, United States Code) in connection with training described in subsection (a)(1)(B) will facilitate the participation in such training of organization personnel of recipient countries described in subsection (b), the Secretary may use amounts available under subsection (f) for assistance and training under subsection (a) for the payment of such incremental expenses.. (f) Availability of funds Subsection (f) of such section is amended to read as follows: (f) Availability of funds Of the amounts authorized to be appropriated for each of fiscal years 2022 through 2027 for the Department of Defense, Operation and Maintenance, Defense-wide, $50,000,000 may be made available for the provision of assistance and training under subsection (a).. (g) Limitations Such section is further amended— (1) by striking subsection (i); (2) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (3) by inserting after subsection (f) the following new subsection (g): (g) Limitations (1) Assistance otherwise prohibited by law The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (c) that is otherwise prohibited by any provision of law. (2) Prohibition on assistance to units that have committed gross violations of human rights The provision of assistance pursuant to a program under subsection (a) shall be subject to the provisions of section 362 of title 10, United States Code. (3) Security cooperation Assistance, training, and exercises with recipient countries described in subsection (b) shall be planned and prioritized consistent with applicable guidance relating to the security cooperation program and activities of the Department of Defense. (4) Assessment, monitoring, and evaluation The provision of assistance and training pursuant to a program under subsection (a) shall be subject to the provisions of section 383 of title 10, United States Code.. (h) Notice to Congress on assistance and training Subsection (h)(1) of such section, as so redesignated, is amended— (1) by amending subparagraph (B) to read as follows: (B) A detailed justification of the program for the provision of the assistance or training concerned, its relationship to United States security interests, and an explanation of the manner in which such assistance or training will increase multilateral maritime security cooperation or maritime domain awareness. ; and (2) in subparagraph (G) by striking the geographic combatant command concerned and inserting the United States Indo-Pacific Command. (i) Annual monitoring report Subsection (i) of such section, as so redesignated, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking March 1, 2020 and inserting March 1, 2022 ; (B) by redesignating subparagraphs (A) through (G) as subparagraphs (B) through (H), respectively; (C) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): (A) The overall strategy for improving multilateral maritime security cooperation and maritime domain awareness across the theater, including an identification of the following: (i) Priority countries and associated capabilities across the theater. (ii) Strategic objectives for the Indo-Pacific Maritime Security Initiative across the theater, lines of effort, and desired end results for such lines of effort. (iii) Significant challenges to improving multilateral maritime security cooperation and maritime domain awareness across the theater and the manner in which the United States Indo-Pacific Command is seeking to address such challenges. ; and (D) in subparagraph (B), as so redesignated— (i) in clause (ii), by striking the semicolon and inserting ; and ; and (ii) by adding at the end the following new clause: (iii) how such capabilities can be leveraged to improve multilateral maritime security cooperation and maritime domain awareness. ; and (2) in paragraph (2), by striking subsection (g)(2) and inserting subsection (h)(2). (j) Expiration Subsection (j) of such section is amended by striking December 31, 2025 and inserting December 31, 2027. 1242. Extension and modification of Pacific Deterrence Initiative (a) Extension Subsection (c) of section 1251 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended to read as follows: (c) Funding Of the amounts authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2022 for the Department of Defense for fiscal year 2022, there is authorized to be appropriated for the Pacific Deterrence Initiative such sums as may be necessary, as indicated in sections 4101, 4201, 4301, and 4601 of such Act.. (b) Report on resourcing united states defense requirements for the indo-pacific region and study on competitive strategies Such section is further amended— (1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; (2) by inserting after subsection (c) the following new subsection (d): (d) Report on resourcing united states defense requirements for the indo-pacific region and study on competitive strategies (1) Report required (A) In general At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives: (i) The implementation of the National Defense Strategy with respect to the Indo-Pacific region. (ii) The maintenance or restoration of the comparative military advantage of the United States with respect to the People’s Republic of China. (iii) The reduction of the risk of executing contingency plans of the Department of Defense. (B) Matters to be included The report required under subparagraph (A) shall include the following: (i) With respect to the achievement of the objectives described in subparagraph (A), a description of the intended force structure and posture of assigned and allocated forces in each of the following: (I) West of the International Date Line. (II) In States outside the contiguous United States east of the International Date Line. (III) In the contiguous United States. (ii) An assessment of capabilities requirements to achieve such objectives. (iii) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (iv) An identification of required infrastructure and military construction investments to achieve such objectives. (v) An assessment of security cooperation activities or resources required to achieve such objectives. (vi) (I) A plan to fully resource United States force posture and capabilities, including— (aa) a detailed assessment of the resources necessary to address the elements described in clauses (i) through (v), including specific cost estimates for recommended investments or projects— (AA) to modernize and strengthen the presence of the United States Armed Forces, including those with advanced capabilities; (BB) to improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel; (CC) to carry out a program of exercises, training, experimentation, and innovation for the joint force; (DD) to improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces; (EE) to build the defense and security capabilities, capacity, and cooperation of allies and partners; and (FF) to improve capabilities available to the United States Indo-Pacific Command; (bb) a detailed timeline to achieve the intended force structure and posture described in clause (i). (II) The specific cost estimates required by subclause (I)(aa) shall, to the maximum extent practicable, include the following: (aa) With respect to procurement accounts— (AA) amounts displayed by account, budget activity, line number, line item, and line item title; and (BB) a description of the requirements for each such amount. (bb) With respect to research, development, test, and evaluation accounts— (AA) amounts displayed by account, budget activity, line number, program element, and program element title; and (BB) a description of the requirements for each such amount. (cc) With respect to operation and maintenance accounts— (AA) amounts displayed by account title, budget activity title, line number, and subactivity group title; and (BB) a description of the specific manner in which each such amount would be used. (dd) With respect to military personnel accounts— (AA) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and (BB) a description of the requirements for each such amount. (ee) With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year. (ff) With respect to any expenditure or proposed appropriation not described in items (aa) through (ee), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code. (C) Form The report required under subparagraph (A) may be submitted in classified form, but shall include an unclassified summary. (D) Availability Not later than February 1 each year, the Commander of the United States Indo-Pacific Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service. (2) Briefings required (A) Initial briefing Not later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. (B) Subsequent briefing Not later than 30 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy shall provide to the congressional defense committees a joint briefing, and documents as appropriate, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. ; (3) by amending subsection (e), as redesignated, to read as follows: (e) Plan required At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a report on future year activities and resources for the Initiative that includes the following: (1) A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years, organized— (A) functionally, by the activities described in paragraphs (1) through (5) of subsection (b); and (B) geographically by— (i) areas west of the International Date Line; (ii) States outside the contiguous United States east of the International Date Line; and (iii) States in the contiguous United States. (2) A summary of progress made toward achieving the purposes of the Initiative. (3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability to achieve objectives in the region. (4) A detailed timeline to achieve the requirements identified under paragraph (3). (5) A detailed explanation of any significant modifications to such requirements, as compared to plans previously submitted under this subsection. (6) Any other matter, as determined by the Secretary. ; and (4) in subsection (g), as redesignated, by striking subsection (e) and inserting subsection (f). 1243. Modification of annual report on military and security developments involving the People's Republic of China Section 1202 of the National Defense Authorization Act for Fiscal Year 2000 ( 10 U.S.C. 113 note) is amended to read as follows: 1202. Annual report on military and security developments involving the People’s Republic of China (a) Annual report Not later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China. (b) Matters to be included Each report under this section shall include analyses and forecasts, through the next 20 years, of the following: (1) The goals, factors, and trends shaping Chinese security strategy and military strategy. (2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following: (A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army. (B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission. (C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights. (3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following: (A) Chinese military-to-military relationships with other countries, including— (i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and (ii) military education programs conducted— (I) in the People’s Republic of China for militaries of other countries; or (II) in other countries for personnel of the People’s Liberation Army. (B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including— (i) a forecast of possible future sales and transfers; (ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and (iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China. (C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters. (4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. (5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including— (A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations; (B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and (C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes. (7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including— (A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and (B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in— (i) Latin America and the Caribbean; (ii) Africa; and (iii) the Indo-Pacific region, including the Pacific Islands. (8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following: (A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China. (B) The space and counter-space programs and capabilities. (C) The nuclear program and capabilities, including— (i) its nuclear strategy and associated doctrines; (ii) the size and state of its stockpile and projections of its future arsenals; (iii) its civil and military production capacities; and (iv) the modernization and force structure of its strategic forces. (D) The anti-access and area denial capabilities. (E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons. (9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including— (A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including— (i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and (ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and (B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts. (10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including— (A) the posture of the forces of the People’s Liberation Army facing Taiwan; and (B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ). (11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including— (A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and (B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner. (12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following: (A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy. (B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed. (C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts. (D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts. (E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. (F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China. (G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). (13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including— (A) United States military alliances and partnerships targeted or that may be targeted; (B) the objectives of such operations; (C) the tactics, techniques, and procedures used; and (D) the impact of such operations on military alliances and partnerships of which the United States is a member. (14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security. (c) Form Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Specified congressional committees defined In this section, the term specified congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.. 1202. Annual report on military and security developments involving the People’s Republic of China (a) Annual report Not later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China. (b) Matters to be included Each report under this section shall include analyses and forecasts, through the next 20 years, of the following: (1) The goals, factors, and trends shaping Chinese security strategy and military strategy. (2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following: (A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army. (B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission. (C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights. (3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following: (A) Chinese military-to-military relationships with other countries, including— (i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and (ii) military education programs conducted— (I) in the People’s Republic of China for militaries of other countries; or (II) in other countries for personnel of the People’s Liberation Army. (B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including— (i) a forecast of possible future sales and transfers; (ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and (iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China. (C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters. (4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. (5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including— (A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations; (B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and (C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes. (7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including— (A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and (B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in— (i) Latin America and the Caribbean; (ii) Africa; and (iii) the Indo-Pacific region, including the Pacific Islands. (8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following: (A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China. (B) The space and counter-space programs and capabilities. (C) The nuclear program and capabilities, including— (i) its nuclear strategy and associated doctrines; (ii) the size and state of its stockpile and projections of its future arsenals; (iii) its civil and military production capacities; and (iv) the modernization and force structure of its strategic forces. (D) The anti-access and area denial capabilities. (E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons. (9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including— (A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including— (i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and (ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and (B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts. (10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including— (A) the posture of the forces of the People’s Liberation Army facing Taiwan; and (B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ). (11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including— (A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and (B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner. (12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following: (A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy. (B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed. (C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts. (D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts. (E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. (F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China. (G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). (13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including— (A) United States military alliances and partnerships targeted or that may be targeted; (B) the objectives of such operations; (C) the tactics, techniques, and procedures used; and (D) the impact of such operations on military alliances and partnerships of which the United States is a member. (14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security. (c) Form Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Specified congressional committees defined In this section, the term specified congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup Section 1253(b) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking fiscal year 2021 and inserting fiscal year 2022. 1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action (a) In general The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, may carry out a cooperative program with the Ministry of Defense of Vietnam and other entities of the Government of Vietnam to assist in accounting for Vietnamese personnel missing in action. (b) Purpose The purpose of the cooperative program under subsection (a) is to carry out the following activities: (1) Collection, digitization, and sharing of archival information. (2) Building the capacity of Vietnam to conduct archival research, investigations, and excavations. (3) Improving DNA analysis capacity. (4) Increasing veteran-to-veteran exchanges. (5) Other support activities the Secretary of Defense considers necessary and appropriate. (c) Termination The authority provided by subsection (a) shall terminate on October 1, 2026. 1246. Sense of Congress on Taiwan defense relations It is the sense of Congress that— (1) the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations; (2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States; (3) the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of a peaceful resolution of the future of Taiwan; (4) as set forth in the Taiwan Relations Act, the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan and the policy of the United States to make available to Taiwan such defense articles and defense services in such quantities as may be necessary to enable Taiwan to maintain a sufficient self-defense capability should be maintained; and (5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by— (A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan; (B) ensuring timely review of and response to requests by Taiwan for defense articles and services; (C) conducting practical training and military exercises with Taiwan, including, as appropriate, inviting Taiwan to participate in the Rim of the Pacific exercise conducted in 2022, that enable Taiwan to maintain a sufficient self-defense capability, as described in the Taiwan Relations Act; (D) deepening interoperability with Taiwan in defensive capabilities, including maritime and air domain awareness and integrated air and missile defense systems; (E) encouraging exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act ( Public Law 115–135 ; 132 Stat. 341), especially for the purposes of— (i) enhancing cooperation on defense planning; (ii) improving the interoperability of the military forces of the United States and Taiwan; and (iii) improving the reserve force of Taiwan; (F) identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and (G) expanding cooperation in humanitarian assistance and disaster relief. 1247. Statement of policy on Taiwan (a) Statement of policy Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et. seq.), it shall be the policy of the United States to maintain the capacity of the United States to resist a fait accompli that would jeopardize the security of the people on Taiwan. (b) Definition In this section, the term fait accompli refers to the resort to force by the People’s Republic of China to invade and seize control of Taiwan before the United States can respond effectively. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support (a) In general The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall each year through fiscal year 2027, consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3302(c) ), perform an annual assessment of matters related to Taiwan, including intelligence matters, Taiwan’s asymmetric defensive capabilities, and how defensive shortcomings or vulnerabilities of Taiwan could be mitigated through cooperation, modernization, or integration. At a minimum, the assessment shall include the following: (1) An intelligence assessment regarding— (A) conventional military threats to Taiwan from China, including exercises intended to intimidate or coerce Taiwan; and (B) irregular warfare activities, including influence operations, conducted by China to interfere in or undermine the peace and stability of the Taiwan Strait. (2) The current defensive asymmetric capabilities of Taiwan and the ability of Taiwan to defend itself from external conventional and irregular military threats. (3) The interoperability of current and future defensive asymmetric capabilities of Taiwan with the military capabilities of the United States and its allies and partners. (4) The plans, tactics, techniques, and procedures underpinning the defensive asymmetric capabilities of Taiwan. (5) A description of additional personnel, resources, and authorities in Taiwan or in the United States that may be required to meet any shortcomings in the development of Taiwan’s defensive capabilities identified pursuant to this section. (6) The applicability of Department of Defense authorities for improving the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act. (7) The feasibility and advisability of assisting Taiwan in the domestic production of defensive asymmetric capabilities, including through the transfer of intellectual property, co-development, or co-production arrangements. (8) An assessment of ways in which the United States could enhance cooperation with on intelligence matters with Taiwan. (9) A description of any non-Department of Defense efforts by the United States Government to build the capacity of Taiwan to disrupt external efforts that degrade its free and democratic society. (10) A description of any significant efforts by the Defense Intelligence Enterprise and other elements of the intelligence community to coordinate technical and material support for Taiwan to identify, disrupt, and combat influence operations referred to in this subsection. (11) Any other matter the Secretary of Defense considers appropriate. (b) Plan The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall develop a plan for assisting Taiwan in improving its defensive asymmetric capabilities and addressing vulnerabilities identified pursuant to subsection (a) that includes— (1) recommendations for new Department of Defense authorities, or modifications to existing Department authorities, necessary to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ); (2) an identification of opportunities for key leader and subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and (3) an identification of challenges and opportunities for leveraging non-Department authorities, resources, and capabilities to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act. (c) Report Not later than 180 days after the date of the enactment of this Act, and annually through fiscal year 2027, the Secretary of Defense shall submit to the appropriate committees of Congress— (1) a report on the results of the assessment required by subsection (a); and (2) the plan required by subsection (b). (d) Form The report required by subsection (c) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section: (1) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term defensive asymmetric capabilities means the capabilities necessary to defend Taiwan against conventional external threats, including coastal defense missiles, naval mines, anti-aircraft capabilities, cyber defenses, and special operations forces. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan (a) In general Not later than February 15, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan. (b) Elements The briefing required by subsection (a) shall include the following: (1) A description of the cooperation between the National Guard and Taiwan during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities. (2) An evaluation of the feasibility of enhancing cooperation between the National Guard and Taiwan on a range of activities, including— (A) disaster and emergency response; (B) cyber defense and communications security; (C) military medical cooperation; (D) Mandarin-language education and cultural exchange; and (E) programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan. (3) Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments. (4) Any other matter the Secretary of Defense considers appropriate. 1250. Feasibility report on establishing military-to-military crisis communications capabilities (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the feasibility and advisability of establishing military-to-military communications with a covered strategic competitor. (b) Elements The report required by subsection (a) shall include the following: (1) An articulation of— (A) the importance of military-to-military communications with a covered strategic competitor; and (B) the utility of such communications to enable clear transmission of messages from the government of the United States, avoid misunderstandings, and reduce the possibility of miscalculation. (2) A description of the current process and capabilities relating to communications with a covered strategic competitor, including the means, levels of seniority, and timelines for such communications. (3) An identification of opportunities for improving military-to-military crisis communications with a covered strategic competitor, including the preferred means, levels of seniority, and timelines for such communications. (4) An identification of challenges to establishing more military-to-military communications with a covered strategic competitor. (5) Any other matter the Secretary of Defense considers appropriate. (c) Definitions In this section: (1) The term covered strategic competitor means a near-peer country identified by the Secretary of Defense and National Defense Strategy. (2) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. 1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications (a) Comparative analyses (1) Development of procedures (A) In general Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Office of Net Assessment, shall develop procedures by which comparative analyses, including the assessments under paragraph (2), shall be conducted. (B) Elements The procedures developed under subparagraph (A)— (i) shall include processes— (I) by which senior officials of the Department of Defense may request that such comparative analyses be conducted with respect to a specific technology, sector, or system of interest; (II) by which teams of technical, industrial, policy, intelligence, and operational experts consisting of personnel of the Department and private sector organizations may be established for the purpose of conducting such comparative analyses; (III) to ensure adequate funding to support the conduct of such comparative analyses; and (IV) by which classified and unclassified information, including necessary data, records, and technical information, may be shared with Department personnel for the purpose of carrying out such comparative analyses; and (ii) may include the development of quantitative and qualitative metrics for use in, and new intelligence collection requirements to support, such comparative analyses. (2) Comparative analysis assessments (A) In general The Under Secretary, in coordination with the Director of the Office of Net Assessment, shall conduct a comparative analysis assessment of the efforts of the United States Government and the Government of the People’s Republic of China to develop and deploy critical modernization technology with respect to military applications in each of the following areas of critical modernization technology: (i) Directed energy systems. (ii) Hypersonics. (iii) Emerging biotechnologies. (iv) Quantum science. (v) Cyberspace capabilities. (B) Elements Each comparative analysis assessment under subparagraph (A) shall include an evaluation of each of the following: (i) With respect to the applicable area of critical modernization technology described in subparagraph (A), research and development activities carried out in the United States and the People's Republic of China by governmental entities and nongovernmental entities. (ii) The ability of research programs carried out by the United States Government and the Government of the People's Republic of China to achieve the goals of— (I) transitioning emerging technologies into acquisition efforts and operational use; and (II) incorporating emerging technologies into military applications. (iii) Operational effectiveness and suitability of current or planned defense systems of the United States and the People's Republic of China, including relevant operational concepts relating to the application and operationalization of critical modernization technologies. (iv) The ability of defense systems of the United States and the People's Republic of China to counter relevant threat capabilities. (b) Reports (1) Initial report Not later than March 15, 2022, the Under Secretary shall submit a report and provide a briefing to the congressional defense committees on efforts to develop the procedures required by subsection (a)(1). (2) Subsequent reports (A) Directed energy systems and hypersonics Not later than December 31, 2023, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (i) and (ii) of subsection (a)(2)(A). (B) Emerging biotechnologies, quantum science, and cyberspace capabilities Not later than December 31, 2024, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (iii), (iv), and (v) of subsection (a)(2)(A). (C) Elements The reports required by subparagraphs (A) and (B) shall include the following for each such comparative analysis assessment: (i) The results of the evaluation of each element described in subsection (a)(2)(B). (ii) An analysis of significant research and development programs and activities outside the United States or the People’s Republic of China designed to advance the applicable area of critical modernization technology described in subsection (a)(2)(A), and a discussion of such programs and activities. (iii) With respect to each such area of critical modernization technology, an identification of any area in which the degree of uncertainty due to an insufficient knowledge base is such that an analysis of whether the United States or the People’s Republic of China has an advantage would be inconclusive. (iv) A description of the limitations, constraints, and challenges encountered in carrying out the comparative analysis assessment. (v) A description of any other research and development efforts or elements the Under Secretary considers appropriate for purposes of the comparative analysis assessment. (vi) Recommendations with respect to additional activities by the Department necessary to address the findings of the comparative analysis assessment. (D) Form The reports required by subparagraphs (A) and (B) shall be submitted in unclassified form but may contain a classified annex. (c) Agreement with a federally funded research and development corporation authorized (1) In general The Under Secretary may enter into an agreement with a federally funded research and development corporation under which such corporation may— (A) carry out any part of a comparative analysis assessment required by subsection (a); or (B) prepare the reports required by subsection (b)(2). (2) Notification If the Under Secretary enters into an agreement under paragraph (1), the Under Secretary shall submit to the congressional defense committees a report that— (A) identifies the federally funded research and development corporation concerned; and (B) describes the scope of work under the agreement. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region It is the sense of Congress that the Secretary of Defense should recommit to and strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People's Republic of China, including by— (1) enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence; (2) reinforcing the United States alliance with the Republic of Korea and maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the country, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, in support of the shared objective of a peaceful and stable Korean Peninsula; (3) fostering bilateral and multilateral cooperation with Australia, consistent with the Australia, New Zealand, United States Security Treaty, to advance shared security objectives and build the capabilities of emerging partners; (4) advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, and collaborate on vetting Chinese investments in strategic technology sectors and critical infrastructure; (5) broadening the engagement of the United States with India, including through the Quadrilateral Security Dialogue— (A) to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and (B) to enable greater cooperation on maritime security and the threat of global pandemics, including COVID–19; (6) strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), and the Six Assurances, with the goal of improving Taiwan’s asymmetric defensive capabilities and promoting peaceful cross- strait relations; (7) reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training, including the use of the Foreign Military Sales Training Center at Ebbing Air National Guard Base in Fort Smith, Arkansas and a fighter training detachment in Guam; (8) engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau with the goal of strengthening regional security and addressing issues of mutual concern, including protecting fisheries from illegal, unreported and unregulated fishing; and (9) investing in enhanced military posture and capabilities in the United States Indo-Pacific Command area of responsibility and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region. 1301. Sense of Congress on North Atlantic Treaty Organization allies and partners It is the sense of Congress as follows: (1) The North Atlantic Treaty Organization (NATO) remains the strongest and most successful military alliance in the world, founded on a commitment by its members to uphold the principles of democracy, individual liberty, and the rule of law, and its contributions to the collective defense are indispensable to the security, prosperity, and freedom of its members. (2) The success of NATO is critical to achieving United States national security objectives in Europe and around the world, including deterring Russian aggression, upholding territorial integrity and sovereignty in Europe, addressing strategic competition and mitigating shared security concerns, countering malign efforts to undermine the rules-based international order and disrupt shared values, and fostering international cooperation against collective challenges. (3) The United States reaffirms its ironclad commitment to NATO as the foundation of transatlantic security and to uphold its obligations under the North Atlantic Treaty, including Article 5 of the Treaty, and remains steadfastly committed to upholding and strengthening its defense alliances and partnerships in the European theater. (4) The commitment of NATO allies in response to the invocation of Article 5 of the North Atlantic Treaty following attacks on the United States homeland on September 11, 2001, and during years of counterterrorism, humanitarian, and stabilization operations in Afghanistan has been invaluable, and the sacrifices of NATO allies deserve the highest order of respect and gratitude. (5) The national security challenges posed by the Russian Government against NATO allies and partners are of grave concern to the United States and a top NATO defense priority. Since the invasion of Ukraine in 2014, the Russian Government has not improved its behavior and has, in many aspects, become increasingly belligerent. Aggression against NATO allies and United States partners is unacceptable, and Russia’s willingness to engage in far-reaching, risky actions contrary to the international order poses major risks to United States national security interests that must be met with sustained engagement, investment in credible deterrence, and vigilance. (6) The United States should continue to deepen cooperation on defense issues with non-NATO European partners, bilaterally and as part of the NATO alliance, encourage security sector cooperation between NATO and non-NATO defense partners that complements and strengthens shared security goals, interoperability, and allies’ commitment to Article 3 of the North Atlantic Treaty, build on recent progress in NATO allies achieving defense spending goals agreed to at the 2014 Wales Summit and reaffirmed at the 2016 Warsaw Summit and the 2021 Brussels Summit, and build consensus to plan, organize, and invest in the full range of defense capabilities necessary to deter and defend against potential adversaries. (7) The United States should continue to enhance United States and allied force posture in Europe in order to establish and sustain a credible deterrent against Russian aggression and long-term strategic competition by the Russian Government, including continued robust support for the European Deterrence Initiative and other investments, ongoing use of rotational deployments and robust exercises in the European theater, improved forward-stationing of forces to enhance deterrence and reduce cost, additional planning and efforts to mitigate contested logistics challenges, implementation of key initiatives to enhance readiness, military mobility, and national resilience, and effective investments in multi-service, cyber, information, and air defense efforts to counter modern military challenges. (8) Following the end of the Resolute Support Mission in Afghanistan, it is essential that the United States consider ways to continue the benefits of combined interaction alongside NATO allies and United States partners to continue strengthening interoperability and cooperation. (9) The Black Sea is a strategically significant region to United States interests and to the security of United States allies and partners, especially in light of Russia’s actions in the region and illegal occupation of territory. The United States should continue security cooperation efforts, exercises, and training with regional allies and partners, regional posture enhancements, and support for those allies’ and partners’ pursuit of their own defenses, as well as joint efforts that enhance interoperability and information sharing. (10) Enhancing security and stability in the Western Balkans is a goal that the United States shares with European allies and partners. The United States should continue its efforts to build interoperability and support institutional reforms of the militaries of the Western Balkan nations, including both NATO allies and partners. The United States should also support those nations’ efforts to resist disinformation campaigns, predatory investments, efforts to promote instability, and other means by which Russia and China may seek to influence this region of Europe. (11) Estonia, Latvia, and Lithuania are model allies and play a critical role in strategic efforts to ensure continued deterrence against aggression by Russia and maintain the collective security of the NATO alliance. The security of the Baltic region is crucial to the security of the NATO alliance. (12) The United States should continue to pursue efforts consistent with the comprehensive, multilateral Baltic Defense Assessment of the military requirements of Estonia, Latvia, and Lithuania issued in December 2020. Robust support to accomplish United States strategic objectives, including by providing assistance to the Baltic countries through security cooperation referred to as the Baltic Security Initiative pursuant to sections 332 and 333 of title 10, United States Code, should be prioritized in the years to come. Specifically, the continuation of— (A) efforts to enhance interoperability among Estonia, Latvia, and Lithuania and in support of NATO efforts; (B) infrastructure and other host-country support improvements that will enhance United States and allied military mobility across the region; (C) efforts to improve resilience to hybrid threats and cyber defenses in Estonia, Latvia, and Lithuania; and (D) support for planning and budgeting efforts of Estonia, Latvia, and Lithuania that are regionally synchronized. 1302. Report on Armenia-Azerbaijan conflict (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the relevant congressional committees a report on the 2020 conflict between Armenia and Azerbaijan. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the use of United States weapon systems or controlled technology that were employed in the 2020 conflict, including a list of the origins of such items, if known. (2) A description of the involvement of foreign actors in the conflict, including a description of the military activities, influence operations, foreign military sales, and diplomatic engagement by foreign countries before, during, and after the conflict, and efforts by parties to the conflict or foreign actors to recruit or employ foreign fighters or private military organizations during the conflict. Such description may include a classified annex, if necessary. (3) Any violations of the November 9, 2020, agreement, including the continued detention of prisoners of war or captured civilians. (4) Any other matter the Secretary considers appropriate. (c) Relevant congressional committees In this section, the term relevant congressional committees means the Committee on Foreign Affairs and Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and Committee on Armed Services of the Senate. (d) Sense of Congress It is the sense of Congress that— (1) the parties to the conflict must adhere to their obligations under the November 9, 2020, agreement and international law, including to immediately release all prisoners of war and captured civilians; (2) the parties to the conflict must refrain from the use of force and threats to use force in pursuit of diplomatic resolutions to any outstanding disputes; and (3) the United States should engage with parties to the conflict, including redoubling engagement with the Minsk Group, to make clear the importance of adhering to these obligations and advance diplomatic progress. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the current state of United States defense investment in Europe, with particular focus on United States military infrastructure requirements, including the European Deterrence Initiative. Such report shall include the following elements: (1) An assessment of the progress made by the Department of Defense toward achieving the stated objectives of the European Deterrence Initiative (EDI) over its lifetime, and the extent to which EDI funding has aligned with such objectives. (2) An assessment of the current state of the United States defense posture in Europe. (3) An assessment of further investments required to improve United States military mobility in the United States European Command area of responsibility, including efforts to— (A) address contested logistics; and (B) improve physical impediments and regulatory challenges to movement by air, rail, road, or waterway across such area of responsibility. (4) An assessment of the current state of United States prepositioned stocks in Europe, including a description of both completed and underway projects, timelines for completion of underway projects, and estimated sustainment costs upon completion of such projects. (5) An assessment of the current state of United States munitions in Europe, including the adequacy to satisfy United States needs in a European contingency, and a description of any plans to adjust munitions stocks. (6) An assessment of the current state of United States antisubmarine warfare assets, organization, and resources in the United States European Command and Second Fleet areas of responsibility, including— (A) the sufficiency of such assets, organization, and resources to counter Russian submarine threats; and (B) the sufficiency of United States sonobuoy stocks, antisubmarine warfare platforms, and undersea sensing equipment. (7) An assessment of the current state of the United States naval presence in the United States European Command area of responsibility and the ability of such presence to respond to future challenges in the Black Sea, Mediterranean Sea, and Arctic region, including a description of any future plans regarding increased naval force structure forward stationed in Europe and associated timelines. (8) An assessment of the current state of United States Air Force operational planning and resourcing in the European theater, including the current state of prepositioned Air Force equipment, activities, and relevant infrastructure. (9) An assessment of the current state of United States defense information operations capabilities dedicated to the United States European Command area of responsibility, and any defense resources required or policies needed to strengthen such capabilities. (10) An assessment of all purchases, investments, and expenditures made by any Armed Force under the jurisdiction of the Secretary of a military department and identified as part of the EDI, since its inception, that have been diverted for purposes or uses other than the objectives of the EDI, including a list of all purchases, investments, and expenditures that were requested to support the EDI since its inception that were not ultimately employed for the objectives of the EDI and the respective dollar values of such purchaes, investments, and expenditures. (11) An assessment of the current state of EDI military construction efforts in Europe. (12) An assessment of United States European Command’s planned exercise schedule in coming years, the estimated resourcing requirements to fulfill such schedule, and what percentage of such resourcing is expected to come from EDI. (13) Any other information the Secretary determines relevant. 1311. Sense of Congress It is the sense of Congress that— (1) Greece is a pillar of stability in the Eastern Mediterranean region and the United States should remain committed to supporting its security and prosperity; (2) the 3+1 format of cooperation among Cyprus, Greece, Israel, and the United States has been a successful forum to cooperate on energy issues and should be expanded to include other areas of common concern to the members; (3) the United States should increase and deepen efforts to partner with and support the modernization of the Greek military; (4) it is in the interests of the United States that Greece continue to transition its military equipment away from Russian-produced platforms and weapons systems through the European Recapitalization Incentive Program; (5) the naval partnerships with Greece at Souda Bay and Alexandroupolis are mutually beneficial to the national security of the United States and Greece; (6) the United States should, as appropriate, support the sale of F–35 Joint Strike Fighters to Greece; (7) the United States Government should continue to invest in International Military Education and Training programs in Greece; (8) the United States Government should support joint maritime security cooperation exercises with Cyprus, Greece, and Israel; (9) in accordance with its legal authorities and project selection criteria, the United States Development Finance Corporation should consider supporting private investment in strategic infrastructure projects in Greece, to include shipyards and ports that contribute to the security of the region and Greece’s prosperity; (10) the extension of the Mutual Defense Cooperation Agreement with Greece for a period of five years includes deepened partnerships at Greek military facilities throughout the country and is a welcome development; and (11) the United States Government should establish the United States-Eastern Mediterranean Energy Center, as authorized by section 204 of the Eastern Mediterranean Energy and Security Partnership Act of 2019 ( 22 U.S.C. 2373 note). 1312. Funding for the European Recapitalization Incentive Program (a) In general To the maximum extent feasible, amounts appropriated or otherwise made available for the European Recapitalization Incentive Program should be considered for Greece as appropriate to assist the country in meeting its defense needs and transitioning away from Russian-produced military equipment. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that provides a full accounting of all funds distributed under the European Recapitalization Incentive Program, including— (1) identification of each recipient country; (2) a description of how the funds were used; and (3) an accounting of remaining equipment in recipient countries that was provided by the then-Soviet Union or Russian Federation. 1313. Sense of Congress on loan program It is the sense of Congress that, as appropriate, the United States Government should provide direct loans to Greece for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) to support the further development of Greece’s military forces. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece It is the sense of Congress that the President has the authority to expedite delivery of any future F–35 aircraft to Greece once Greece is prepared to move forward with such a purchase on such terms and conditions as the President may require, pursuant to the certification requirements under section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ). 1315. IMET cooperation with Greece For each of fiscal years 2022 through 2026, there is authorized to be appropriated $1,800,000 for International Military Education and Training assistance for Greece, which may be made available for the following purposes: (1) Training of future leaders. (2) Fostering a better understanding of the United States. (3) Establishing a rapport between the United States Armed Forces and Greece’s military to build partnerships for the future. (4) Enhancement of interoperability and capabilities for joint operations. (5) Focusing on professional military education, civilian control of the military, and protection of human rights. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group (a) Establishment There is established a group, to be known as the Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group , to serve as a legislative component to the 3+1 process launched in Jerusalem in March 2019. (b) Membership The Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall include a group of not more than 6 United States Senators, to be known as the United States group , who shall be appointed in equal numbers by the majority leader and the minority leader of the Senate. The majority leader and the minority leader of the Senate shall also serve as ex officio members of the United States group. (c) Meetings Not less frequently than once each year, the United States group shall meet with members of the 3+1 group to discuss issues on the agenda of the 3+1 deliberations of the Governments of Greece, Israel, Cyprus, and the United States to include maritime security, defense cooperation, energy initiatives, and countering malign influence efforts by the People’s Republic of China and the Russian Federation. (d) Authorization of appropriations (1) In general There is authorized to be appropriated $100,000 for each fiscal year to assist in meeting the expenses of the United States group. (2) Availability of funds Amounts appropriated pursuant to the authorization under this subsection are authorized to remain available until expended. (e) Termination The Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall terminate 4 years after the date of the enactment of this Act. 1317. Appropriate congressional committees In this subtitle, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. 1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program Section 1274 of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2350a note) is amended— (1) by amending subsection (c) to read as follows: (c) Contributions by participants (1) In general An agreement under subsection (a) shall provide that— (A) the United States, as the host country for the Program, shall provide office facilities and related office equipment and supplies for the Program; and (B) each participating country shall contribute its equitable share of the remaining costs for the Program, including— (i) the agreed upon share of administrative costs related to the Program, except the costs for facilities and equipment and supplies described in subparagraph (A); and (ii) any amount allocated against the country for monetary claims as a result of participation in the Program, in accordance with the agreement. (2) Equitable contributions The contributions, as allocated under paragraph (1) and set forth in an agreement under subsection (a), shall be considered equitable for purposes of this subsection and section 27(c) of the Arms Export Control Act ( 22 U.S.C. 2767(c) ). (3) Authorized contribution An agreement under subsection (a) shall provide that each participating country may provide its contribution in funds, in personal property, in services required for the Program, or any combination thereof. (4) Funding for United States contribution Any monetary contribution by the United States to the Program that is provided in funds shall be made from funds available to the Department of Defense for operation and maintenance. (5) Contributions and reimbursements from other participating countries (A) In general The Secretary of Defense may accept from any other participating country a contribution or reimbursement of funds, personal property, or services made by the participating country in furtherance of the Program. (B) Credit to appropriations Any contribution or reimbursement of funds received by the United States from any other participating country to meet that country’s share of the costs of the Program shall be credited to the appropriations available to the appropriate military department, as determined by the Secretary of Defense. (C) Treatment of personal property Any contribution or reimbursement of personal property received under this paragraph may be— (i) retained and used by the Program in the form in which it was contributed; (ii) sold or otherwise disposed of in accordance with such terms, conditions, and procedures as the members of the Program consider appropriate, and any resulting proceeds shall be credited to appropriations of the appropriate military department, as described in subparagraph (B); or (iii) converted into a form usable by the Program. (D) Use of credited funds (i) In general Amounts credited under subparagraph (B) or (C)(ii) shall be— (I) merged with amounts in the appropriation concerned; (II) subject to the same conditions and limitations as amounts in such appropriation; and (III) available for payment of Program expenses described in clause (ii). (ii) Program expenses described The Program expenses described in this clause include— (I) payments to contractors and other suppliers, including the Department of Defense and participating countries acting as suppliers, for necessary goods and services of the Program; (II) payments for any damages or costs resulting from the performance or cancellation of any contract or other obligation in support of the Program; (III) payments or reimbursements for other Program expenses; or (IV) refunds to other participating countries. ; and (2) by striking subsection (g). 1322. Foreign Area Officer assessment and review (a) Findings Congress finds the following: (1) Foreign Area Officers of the Army and their equivalent positions in the other Armed Forces (in this section referred to as FAOs ) are trained to manage, grow, and enhance security cooperation relationships between the United States and foreign partners and to build the overall military capacity and capabilities of foreign partners. (2) At present, some senior defense official positions in United States embassies are filled by officers lacking the necessary skills, training, and experience to strengthen the relationships between the United States and its critical partners and allies. (3) FAOs are trained to fill those positions, and deficiencies in the equitable use, assessment, promotion, diversity and inclusion of such officers, as well as limitations on career opportunities, undermine the ability of the Department of Defense to strengthen partnerships and alliances of the United States. (4) A federally funded research and development center can provide a roadmap to correcting these deficiencies, strengthening the FAO branch, and placing qualified FAOs in positions of positive influence over United States partnerships and alliances. (b) Assessment and review required (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to conduct an independent assessment and comprehensive review of the process by which Foreign Area Officers and their equivalent positions in the other Armed Forces (in this section referred to as FAOs ) are recruited, selected, trained, assigned, organized, promoted, retained, and used in security cooperation offices, senior defense roles in U.S. embassies, and in other critical roles of engagement with allies and partners. (2) Elements The assessment and review conducted under paragraph (1) shall include the following: (A) Identification and assessment of the number and location of senior defense official billets, including their grade structure and availability to FAOs. (B) A review of the cultural, racial, and ethnic diversity of FAOs. (C) An assessment of the assignment process for FAOs. (D) A review and assessment of the promotion criteria, process, and possible pathways for career advancement for FAOs. (E) A review of the organization and categorization of FAOs by geographic region. (F) An assessment of the training program for FAOs and its effectiveness. (G) An assessment of the available career paths for FAOs. (H) An assessment of the criteria used to determine staffing requirements for senior defense official positions and security cooperation roles for uniformed officers. (I) A review of the staffing of senior defense official and security cooperation roles and assessment to determine whether requirements are being met through the staffing process. (J) An assessment of how the broader utilization of FAOs in key security cooperation and embassy defense leadership billets would improve the quality and professionalism of the security cooperation workforce under section 384 of title 10, United States Code. (K) A review of how many FAO opportunities are joint-qualifying and an assessment of whether increasing the number of joint-qualified opportunities for FAOs would increase recruitment, retention, and promotion. (L) Any other matters the Secretary determines relevant. (c) Results The federally funded research and development center conducting the assessment and review described in subsection (b) shall submit to the Secretary the results of such assessment and review, which shall include the following: (1) A summary of the research and activities undertaken to carry out the assessment required by subsection (b). (2) Considerations and recommendations, including legislative recommendations, to achieve the following: (A) Improving the assessment, promotion, assignment selection, retention, and diversity of FAOs. (B) Assigning additional FAOs to positions as senior defense officials. (d) Submission to Congress (1) In general Not later than December 31, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (A) an unaltered copy of the results submitted pursuant to subsection (c) ; and (B) the written responses of the Secretary and the Chairman of the Joint Chiefs of Staff to such results. (2) Form The submission under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 1323. Study on certain security cooperation programs (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center with the appropriate expertise and analytical capability to carry out the study described in subsection (b). (b) Study The study described in this subsection shall— (1) provide for a comprehensive assessment of strategic and operational lessons collected from the war in Afghanistan that can be applied to existing and future security cooperation programs; (2) identify metrics used in the war in Afghanistan to measure progress in partner capacity building and defense institution building and whether such metrics are sufficient for measuring progress in future security cooperation programs; (3) assess challenges related to strategic planning for capacity building, baseline assessments of partner capacity, and issues related to project sustainment, and recommendations for how to manage such challenges; (4) assess Department of Defense coordination with coalition partners engaged in partner capacity building and defense institution building efforts, and recommendations for how to improve such coordination; (5) identify risks posed by rapid expansion or reductions in security cooperation, and recommendations for how to manage such risks; (6) identify risks posed by corruption in security cooperation programs and recommendations for how to manage such risks; (7) assess best practices and training improvements for managing cultural barriers in partner countries, and recommendations for how to promote cultural competency; (8) assess the effectiveness of the Department of Defense in promoting the rights of women, including incorporating a gender perspective in security cooperation programs, in accordance with the Women, Peace and Security Strategic Framework and Implementation Plan issued by the Department of Defense in June 2020 and the Women, Peace, and Security Act of 2017 ( Public Law 115–68 ); (9) identify best practices to promote partner country ownership of long-term objectives of the United States including with respect to human rights, democratic governance, and the rule of law; (10) assess challenges related to contractors of the Department of Defense, including cost, limited functions, and oversight; and (11) assess best practices for sharing lessons on security cooperation with allies and partners. (c) Report (1) To Secretary of Defense Not later than two years after the date on which a federally funded research and development center enters into a contract described in subsection (a), such center shall submit to the Secretary of Defense a report containing the results of the study required under this section. (2) To Congress Not later than 30 days after the receipt of the report under paragraph (1), the Secretary of Defense shall submit to Congress such report, which shall be made public, together with any additional views or recommendations of the Secretary, which may be transmitted in a classified annex. 1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome Not later than 30 days after the date of the enactment of this Act and every 120 days thereafter until all applicable funds have been obligated in support of Operation Allies Welcome or any successor operation, the Secretary of Defense shall submit to the congressional defense committees a notification that includes— (1) the costs associated with the provision of transportation, housing, medical services, and other sustainment expenses for Afghan special immigrant visa applicants and other Afghans at risk; and (2) whether such funds were obligated under a reimbursable or nonreimbursable basis. 1331. Extension and modification of authority for certain payments to redress injury and loss (a) Extension Subsection (a) of section 1213 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2731 note) is amended by striking December 31, 2022 and inserting December 31, 2023. (b) Modification to conditions on payment Subsection (b) of such section is amended— (1) in paragraph (1) to read as follows: (1) the prospective foreign civilian recipient is not otherwise ineligible for payment under any other provision of law; ; (2) in paragraph (2), by striking a claim and inserting a request ; (3) in paragraph (4), by striking the claimant and inserting the prospective foreign civilian recipient ; and (4) in paragraph (5), by striking the claimant and inserting the prospective foreign civilian recipient. (c) Modifications to quarterly report requirement Subsection (g) of such section is amended— (1) in paragraph (1)(B), by striking claims and inserting requests ; and (2) by adding at the end the following: (3) The status of Department of Defense efforts to establish the requests procedures required under subsection (d)(1) and to otherwise implement this section.. (d) Modification to procedure to submit requests Such section is further amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and (2) by inserting after subsection (c) the following: (d) Procedures to review allegations (1) Procedures required Not later than 180 days after the date of enactment of this subsection, the Secretary of Defense shall establish procedures to receive, evaluate, and respond to allegations of civilian harm resulting from military operations involving the United States Armed Forces, a coalition that includes the United States, or a military organization supporting the United States. Such responses may include— (A) a formal acknowledgement of such harm; (B) a nonmonetary expression of condolence; or (C) an ex gratia payment. (2) Consultation In establishing the procedures under paragraph (1), the Secretary of Defense shall consult with the Secretary of State and with nongovernmental organizations that focus on addressing civilian harm in conflict. (3) Policy updates Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall ensure that procedures established under paragraph (1) are formalized through updates to the policy referred to in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note).. (e) Rule of construction Nothing in this section or the amendments made by this section may be construed to require the Secretary of Defense to pause, suspend, or otherwise alter the provision of ex gratia payments in accordance with section 1213 of the National Defense Authorization Act for Fiscal Year 2020, as amended, in the course of developing the procedures required by subsection (d) of such section (as added by subsection (d) of this section). 1332. Secretary of Defense Strategic Competition Initiative (a) In general The Secretary of Defense, with the concurrence of the Secretary of State, may provide funds for one or more Department of Defense activities or programs described in subsection (b) that advance United States national security objectives for strategic competition by supporting Department of Defense efforts to compete below the threshold of armed conflict and by supporting other Federal departments and agencies in advancing United States strategic interests. (b) Authorized activities and programs Activities and programs for which funds may be provided under subsection (a) are the following: (1) The provision of funds to pay for personnel expenses of foreign defense or security personnel for bilateral or regional security cooperation programs and joint exercises, in accordance with section 321 of title 10, United States Code. (2) Activities to build the institutional capacity of foreign national security forces, including efforts to counter corruption, in accordance with section 332 of title 10, United States Code. (3) Activities to build the capabilities of the United States joint force and the security forces of United States allies and partners relating to irregular warfare. (4) Activities to expose and disprove foreign malign influence and disinformation, and to expose and deter coercion and subversion. (c) Funding Amounts made available for activities carried out pursuant to subsection (a) in a fiscal year may be derived only from amounts authorized to be appropriated for such fiscal year for the Department of Defense for operation and maintenance, Defense-wide. (d) Relationship to other funding Any amount provided by the Secretary of Defense during any fiscal year pursuant to subsection (a) for an activity or program described in subsection (b) shall be in addition to amounts otherwise available for that activity or program for that fiscal year. (e) Use of funds (1) Limitations Of funds made available under this section for any fiscal year— (A) not more than $20,000,000 in each fiscal year is authorized to be obligated and expended under this section; and (B) not more than $3,000,000 may be used to pay for personnel expenses under subsection (b)(1). (2) Prohibition Funds may not be provided under this section for any activity that has been denied authorization by Congress. (f) Annual report Not less frequently than annually, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the use of the authority under subsection (a). (g) Plan for Strategic Competition Initiative for U.S. Southern Command and U.S. Africa Command (1) In general The Secretary of Defense shall develop and submit to the congressional defense committees a plan for an initiative to support programs and activities for strategic competition in the areas of responsibility of United States Southern Command and United States Africa Command. (2) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the plan developed under paragraph (1). (h) Termination The authority under subsection (a) shall terminate on September 30, 2024. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States Section 1210A of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1626) is amended— (1) in subsection (a), by striking for the stabilization activities of other Federal agencies specified in subsection (c)(1) and inserting to other Federal agencies specified in subsection (c)(1) for the stabilization activities of such agencies ; (2) in subsection (b), by amending paragraph (1) to read as follows: (1) In general Amounts authorized to be provided pursuant to this section shall be available only for support for stabilization activities— (A) (i) in a country specified in paragraph (2); and (ii) that the Secretary of Defense, with the concurrence of the Secretary of State, has determined are in the national security interest of the United States; or (B) in a country that— (i) (I) has been selected as a priority country under section 505 of the Global Fragility Act of 2019 ( 22 U.S.C. 9804 ); or (II) is located in a region that has been selected as a priority region under section 505 of such Act; and (ii) has Department of Defense resource or personnel presence to support such activities. ; (3) in the first sentence of subsection (c)(1), by striking Support may be provided for stabilization activities under subsection (a) and inserting Support under subsection (a) may be provided ; (4) in subsection (g)(1), by striking , Defense-wide ; and (5) in subsection (h), by striking December 31, 2021 and inserting December 31, 2023. 1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017 Section 1210E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by— (1) redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections (f) and (g): (f) Pilot program (1) Establishment The Secretary of Defense, in consultation with the Secretary of State, shall establish and carry out a pilot program for the purpose of conducting partner country assessments described in subsection (b)(2). (2) Contract authority The Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into one or more contracts with a nonprofit organization or a federally funded research and development center independent of the Department for the purpose of conducting such partner country assessments. (3) Selection of countries (A) In general The Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country within the area of responsibility of each geographic combatant command for participation in the pilot program. (B) Considerations In making the selection under subparagraph (A), the Secretary of Defense shall consider— (i) the demonstrated political commitment of the partner country to increasing the participation of women in the security sector; and (ii) the national security priorities and theater campaign strategies of the United States. (4) Partner country assessments Partner country assessments conducted under the pilot program shall be— (A) adapted to the local context of the partner country being assessed; (B) conducted in collaboration with the security sector of the partner country being assessed; and (C) based on tested methodologies. (5) Review and assessment With respect to each partner country assessment conducted under the pilot program, the Secretary of Defense, in consultation with the Secretary of State, shall— (A) review the methods of research and analysis used by any entity contracted with under paragraph (2) in conducting the assessment and identify lessons learned from such review; and (B) assess the ability of the Department to conduct future partner country assessments without entering into such a contract, including by assessing potential costs and benefits for the Department that may arise in conducting such future assessments. (6) Findings (A) In general The Secretary of Defense, in consultation with the Secretary of State, shall use findings from each partner country assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed, which shall be designed to substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities). (B) Model methodology The Secretary of Defense, in consultation with the Secretary of State, shall develop, based on the findings of the pilot program, a model barrier assessment methodology for use across the geographic combatant commands. (7) Reports (A) In general Not later than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress an initial report on the implementation of the pilot program under this subsection that includes an identification of the partner countries selected for participation in the program and the justifications for such selections. (B) Methodology On the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (6)(B). (g) Briefing Not later than 1 year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on the efforts to build partner defense institution and security force capacity pursuant to this section.. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors (a) Requirement Not later than 90 days after the date of the enactment of this Act, and not later than September 1 of each subsequent year, the Secretary of State shall submit to the appropriate congressional committees a report on the sensors used in the international monitoring system of the Comprehensive Nuclear-Test-Ban Treaty Organization. Each such report shall include, with respect to the period covered by the report— (1) the number of incidents where such sensors are disabled, turned off, or experience technical difficulties ; and (2) with respect to each such incident— (A) the location of the sensor; (B) the duration of the incident; and (C) whether the Secretary determines there is reason to believe that the incident was a deliberate act on the part of the host nation. (b) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. 1336. Security assistance in Northern Triangle countries (a) Certification relating to assistance for Guatemala Prior to the transfer of any vehicles by the Department of Defense to a joint task force of the Ministry of Defense or Ministry of the Interior of Guatemala during fiscal year 2022, the Secretary of Defense shall certify to the congressional defense committees that such ministries have made a credible commitment to use such equipment only for the uses for which they were intended. (b) Report on security cooperation with Northern Triangle countries (1) In general Not later than June 30, 2022, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (A) A description of any ongoing or planned security cooperation activities between the United States and the Northern Triangle countries focused on protection of human rights and adherence to the rule of law. (B) A description of efforts to investigate credible information on gross violations of human rights by the military or national security forces of the governments of Northern Triangle countries since January 1, 2017, consistent with applicable law, including the possible use in committing such violations of defense articles provided by the United States. (2) Form The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (c) GAO report (1) Not later than June 30, 2022, the Comptroller General shall submit to the congressional defense committees a report containing an evaluation of the Department of Defense’s end-use monitoring procedures for tracking credible information regarding the misuse by Northern Triangle countries of equipment provided by the Department of Defense, including— (A) the Department’s review of any credible information related to the misuse of Department of Defense-provided vehicles to Northern Triangle countries since 2018; and (B) a description of any remediation activities undertaken by the Department of Defense and Northern Triangle countries in response to any such misuse. (d) Strategic evaluation of security cooperation with Northern Triangle countries (1) In general Not later than March 31, 2022, the Secretary of Defense shall enter into an agreement with an appropriate federally funded research and development center to complete an evaluation, not later than June 30, 2024, of Department of Defense security cooperation programs in United States Southern Command area of responsibility that includes— (A) how such programs in general and in Northern Triangle countries in particular advance U.S. Southern Command’s Theater Campaign Plan; (B) how such programs in general and in Northern Triangle countries in particular promote the rule of law and human rights in the United States Southern Command area of responsibility; (C) how such programs in general and in Northern Triangle countries in particular advance the objectives of the National Defense Strategy; and (D) any other matters the Secretary deems appropriate. (2) Report The Secretary of Defense shall submit to the congressional defense committees a report that includes the evaluation completed by the federally funded research and development center selected pursuant to paragraph (1) within 30 days of receiving such evaluation. (3) Form The report required by subsection (2) shall be submitted in unclassified form and posted on the Department of Defense’s public website, but may contain a classified annex. (e) Northern Triangle countries defined In this section, the term Northern Triangle countries means El Salvador, Guatemala, and Honduras. 1337. Report on human rights in Colombia (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report that includes the following: (1) A detailed summary of the security cooperation relationship between the United States and Colombia, including a description of United States objectives, any ongoing or planned security cooperation activities with the military or other security forces of Colombia, an assessment of the capabilities of the military or other security forces of Colombia, and a description of the capabilities of the military or other security forces of Colombia that the Department of Defense has identified as a priority for further capability building efforts. (2) A description of any ongoing or planned cooperative activities between the United States and Colombia focused on human rights and adherence to the rule of law, and a description of the manner and extent to which the security cooperation strategy between the United States and Colombia seeks to build the institutional capacity of the Colombian military or other Colombian security forces to respect human rights and encourage accountability. (b) Definition In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean (a) Report Not later than June 30, 2022, the Secretary of State, in coordination with the Secretary of Defense and in consultation with the heads of other appropriate Federal departments and agencies, as necessary, shall submit to the appropriate congressional committees a report that identifies efforts by the Government of the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean through diplomatic, military, economic, and other means, and describes the implications of such efforts on the national defense and security interests of the United States. (b) Elements The report required by subsection (a) shall also include the following: (1) An identification of— (A) the countries of Latin America and the Caribbean with which the Government of the People’s Republic of China maintains especially close diplomatic, military, and economic relationships; (B) the number and contents of strategic partnership agreements or similar agreements, including any non-public, secret, or informal agreements, that the Government of the People’s Republic of China has established with countries and regional organizations of Latin America and the Caribbean; (C) the countries of Latin America and the Caribbean that have joined the Belt and Road Initiative or the Asian Infrastructure Investment Bank; (D) the countries of Latin America and the Caribbean to which the Government of the People’s Republic of China provides foreign assistance or disaster relief (including access to COVID–19 vaccines), including a description of the amount and purpose of, and any conditions attached to, such assistance; (E) countries and regional organizations of Latin America and the Caribbean in which the Government of the People’s Republic of China, including its state-owned or state-directed enterprises and banks, have undertaken significant investments, or infrastructure projects, and correspondent banking and lending activities, at the regional, national, or subnational levels; (F) recent visits by senior officials of the Government of the People’s Republic of China, including its state-owned or state-directed enterprises, to Latin America and the Caribbean, and visits by senior officials from Latin America and the Caribbean to the People’s Republic of China; (G) the existence of any defense exchanges, military or police education or training, and exercises between any military or police organization of the Government of the People’s Republic of China and military, police, or security-oriented organizations of countries of Latin America and the Caribbean; (H) countries and regional organizations of Latin America and the Caribbean that maintain diplomatic relations with Taiwan; and (I) any steps that the Government of the People’s Republic of China has taken to encourage countries and regional organizations of Latin America and the Caribbean to switch diplomatic relations to the People’s Republic of China instead of Taiwan. (2) A detailed description of— (A) the relationship between the Government of the People’s Republic of China and the Government of Venezuela and the Government of Cuba; (B) military installations, assets, and activities of the Government of the People’s Republic of China in Latin America and the Caribbean that currently exist or are planned for the future; (C) sales or transfers of defense articles and services by the Government of the People’s Republic of China to countries of Latin America and the Caribbean; (D) a comparison of sales and transfers of defense articles and services to countries of Latin America and the Caribbean by the Government of the People’s Republic of China, the Russian Federation, and the United States; (E) any other form of military, paramilitary, or security cooperation between the Government of the People’s Republic of China and the governments of countries of Latin America and the Caribbean; (F) the nature, extent, and purpose of the Government of the People’s Republic of China’s intelligence activities in Latin America and the Caribbean; (G) the role of the Government of the People’s Republic of China in transnational crime in Latin America and the Caribbean, including trafficking and money laundering, as well as any links to the People’s Liberation Army; (H) efforts by the Government of the People’s Republic of China to expand the reach and influence of its financial system within Latin America and the Caribbean, through banking activities and payments systems and through goods and services related to the use of the digital yuan; and (I) efforts by the Government of the People’s Republic of China to build its media presence in Latin America and the Caribbean, and any government-directed disinformation or information warfare campaigns in the region, including for military purposes or with ties to the People’s Liberation Army. (3) An assessment of— (A) the specific objectives that the Government of the People’s Republic of China seeks to achieve by expanding its presence and influence in Latin America and the Caribbean, including any objectives articulated in official documents or statements; (B) whether certain investments by the Government of the People’s Republic of China, including in port projects, canal projects, and telecommunications projects in Latin America and the Caribbean, could have military uses or dual use capability or could enable the Government of the People’s Republic of China to monitor or intercept United States or host nation communications; (C) the degree to which the Government of the People’s Republic of China uses its presence and influence in Latin America and the Caribbean to encourage, pressure, or coerce governments in the region to support its defense and national security goals, including policy positions taken by the Government of the People’s Republic of China at international institutions; (D) documented instances of governments of countries of Latin America and the Caribbean silencing, or attempting to silence, local critics of the Government of the People’s Republic of China, including journalists, academics, and civil society representatives, in order to placate the Government of the People’s Republic of China; (E) the rationale for the Government of the People’s Republic of China becoming an observer at the Organization of American States; (F) the relationship between the Government of the People’s Republic of China and the Community of Latin American and Caribbean States (CELAC), a regional organization that excludes the United States, and the role of the China-CELAC Forum in coordinating such relationship; and (G) the specific actions and activities undertaken by the Government of the People’s Republic of China in Latin America and the Caribbean that present the greatest threat or challenge to the United States’ defense and national security interests in the region. (4) Any other matters the Secretary of State determines is appropriate. (c) Form The report required by subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex. (d) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. (2) The terms Latin America and the Caribbean and countries of Latin America and the Caribbean mean the countries and non-United States territories of South America, Central America, the Caribbean, and Mexico. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen Section 1273(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1699) is amended by striking two-year period and inserting four-year period. 1340. Statement of policy and report on Yemen (a) Statement of policy It is the policy of the United States— (1) to continue to support and further efforts to bring an end to the conflict in Yemen; (2) to support efforts so that United States defense articles and services are not used for military operations resulting in civilian casualties; and (3) to work with allies and partners to address the ongoing humanitarian needs of Yemeni civilians. (b) Report (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on whether the Government of Saudi Arabia has undertaken offensive airstrikes inside Yemen in the preceding year resulting in civilian casualties. (2) Matters to be included The report required by this subsection shall include the following: (A) A full description of any such airstrikes, including a detailed accounting of civilian casualties incorporating information from non-governmental sources. (B) An identification of Government of Saudi Arabia air units responsible for any such airstrikes. (C) A description of aircraft and munitions used in any such airstrikes. (3) Form The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex if necessary. (4) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises (a) In general None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2022 may be used by the Secretary of Defense to support the participation of the military forces of the Kingdom of Morocco in any multilateral exercise administered by the Department of Defense unless the Secretary determines, in consultation with the Secretary of State, that the Kingdom of Morocco is committed to seeking a mutually acceptable political solution in Western Sahara. (b) Waiver The Secretary may waive application of the limitation under subsection (a) if the Secretary submits to the congressional defense committees a written determination and justification that the waiver is important to the national security interests of the United States. 1401. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501. 1402. Chemical Agents and Munitions Destruction, Defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501. 1404. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. 1405. Defense Health Program Funds are hereby authorized to be appropriated for fiscal year 2022 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501. 1411. Acquisition of strategic and critical materials from the national technology and industrial base The Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ) is amended— (1) in section 6(b)(2), by inserting to consult with producers and processors of such materials before to avoid ; (2) in section 12, by adding at the end the following new paragraph: (3) The term national technology and industrial base has the meaning given such term in section 2500 of title 10, United States Code. ; and (3) in section 15(a)— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) if domestic sources are unavailable to meet the requirements defined in paragraphs (1) through (4), by making efforts to prioritize the purchase of strategic and critical materials from the national technology and industrial base.. 1412. Authorization to loan materials in National Defense Stockpile Section 6 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98e ) is amended by adding at the end the following new subsection: (f) The President may loan stockpile materials to the Department of Energy or the military departments if the President— (1) has a reasonable assurance that stockpile materials of a similar or superior quantity and quality to the materials loaned will be returned to the stockpile or paid for; (2) notifies the congressional defense committees (as defined in section 101(a) of title 10, United States Code), in writing, not less than 30 days before making any such loan; and (3) includes in the written notification under paragraph (2) sufficient support for the assurance described in paragraph (1).. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $137,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. (b) Use of transferred funds For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500). 1414. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2022 from the Armed Forces Retirement Home Trust Fund the sum of $75,300,000 for the operation of the Armed Forces Retirement Home. 1501. Development of taxonomy of cyber capabilities (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a taxonomy of cyber capabilities, including software, hardware, middleware, code, other information technology, and accesses, designed for use in cyber effects operations. (b) Report (1) In general Not later than 30 days after the development of the taxonomy of cyber capabilities required under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report regarding such taxonomy. (2) Elements The report required under paragraph (1) shall include the following: (A) The definitions associated with each category contained within the taxonomy of cyber capabilities developed pursuant to subsection (a). (B) Recommendations for improved reporting mechanisms to Congress regarding such taxonomy of cyber capabilities, using amounts from the Cyberspace Activities Budget of the Department of Defense. (C) Recommendations for modifications to the notification requirement under section 396 of title 10, United States Code, in order that such notifications would include information relating to such taxonomy of cyber capabilities, including with respect to both physical and nonphysical cyber effects. (D) Any other elements the Secretary determines appropriate. 1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard Section 1651(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 32 U.S.C. 501 note) is amended by striking 2022 and inserting 2024. 1503. Modification of the Principal Cyber Advisor (a) In general Paragraph (1) of section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 2224 note) is amended to read as follows: (1) Designation (A) The Secretary shall designate, from among the personnel of the Office of the Under Secretary of Defense for Policy, a Principal Cyber Advisor to act as the principal advisor to the Secretary on military cyber forces and activities. (B) The Secretary may only designate an official under this paragraph if such official was appointed to the position in which such official serves by and with the advice and consent of the Senate.. (b) Designation of Deputy Principal Cyber Advisor Section 905(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended by striking Office of the Secretary of Defense and inserting Office of the Under Secretary of Defense for Policy. (c) Briefing Not later than 90 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on such recommendations as the Deputy Secretary may have for alternate reporting structures for the Principal Cyber Advisor and the Deputy Principal Cyber Advisor within the Office of the Under Secretary for Policy. 1504. Evaluation of Department of Defense cyber governance (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall complete an evaluation and review of the Department of Defense’s current cyber governance construct. (b) Scope The evaluation and review conducted pursuant to subsection (a) shall— (1) assess the performance of the Department of Defense in carrying out the pillars of the cyber strategy and lines of efforts established in the most recent cyber posture review, including— (A) conducting military cyberspace operations of offensive, defensive, and protective natures; (B) securely operating technologies associated with information networks, industrial control systems, operational technologies, weapon systems, and weapon platforms; and (C) enabling, encouraging, and supporting the security of international, industrial, and academic partners; (2) analyze and assess the current institutional constructs across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and responsible for the execution of and civilian oversight for the responsibilities specified in paragraph (1); (3) analyze and assess the delineation of responsibilities within the current institutional construct within the Office of the Secretary of Defense for addressing the objectives of the 2018 Department of Defense Cyber Strategy and any superseding strategies, as well as identifying potential seams in responsibility; (4) examine the Department’s policy, legislative, and regulatory regimes related to cyberspace and cybersecurity matters, including the 2018 Department of Defense Cyber Strategy and any superseding strategies, for sufficiency in carrying out the responsibilities specified in paragraph (1); (5) examine the Office of the Secretary of Defense’s current alignment for the integration and coordination of cyberspace activities with other aspects of information operations, including information warfare and electromagnetic spectrum operations; (6) examine the current roles and responsibilities of each Principal Staff Assistant to the Secretary of Defense as such relate to the responsibilities specified in paragraph (1), and identify redundancy, duplication, or matters requiring deconfliction or clarification; (7) evaluate and, as appropriate, implement relevant managerial innovation from the private sector in the management of complex missions, including enhanced cross-functional teaming; (8) evaluate the state of collaboration among each Principal Staff Assistant in matters related to acquisition of cyber capabilities and other enabling technologies supporting the responsibilities specified in paragraph (1); (9) analyze and assess the Department’s performance in and posture for building and retaining the requisite workforce necessary to perform the responsibilities specified in paragraph (1); (10) determine optimal governance structures related to the management and advancement of the Department’s cyber workforce, including those structures defined under and evaluated pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and section 1726 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); (11) develop policy and legislative recommendations, as appropriate, to delineate and deconflict the roles and responsibilities of United States Cyber Command in defending and protecting the Department of Defense Information Network (DoDIN), with the responsibility of the Chief Information Officer, the Defense Information Systems Agency, and the military services to securely operate technologies described in paragraph (1)(B); (12) develop policy and legislative recommendations to enhance the authority of the Chief Information Officers within the military services, specifically as such relates to executive and budgetary control over matters related to such services’ information technology security, acquisition, and value; (13) develop policy and legislative recommendations, as appropriate, for optimizing the institutional constructs across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and responsible for the responsibilities specified in paragraph (1); and (14) make recommendations for any legislation determined appropriate. (c) Interim briefings Not later than 90 days after the commencement of the evaluation and review conducted pursuant to subsection (a) and every 30 days thereafter, the Secretary of Defense shall brief the congressional defense committees on interim findings of such evaluation and review. (d) Report Not later than 30 days after the completion of the evaluation and review conducted pursuant to subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on such evaluation and review. 1505. Operational technology and mission-relevant terrain in cyberspace (a) Mission-relevant terrain Not later than January 1, 2025, the Secretary of Defense shall complete mapping of mission-relevant terrain in cyberspace for Defense Critical Assets and Task Critical Assets at sufficient granularity to enable mission thread analysis and situational awareness, including required— (1) decomposition of missions reliant on such Assets; (2) identification of access vectors; (3) internal and external dependencies; (4) topology of networks and network segments; (5) cybersecurity defenses across information and operational technology on such Assets; and (6) identification of associated or reliant weapon systems. (b) Combatant command responsibilities Not later than January 1, 2024, the Commanders of United States European Command, United States Indo-Pacific Command, United States Northern Command, United States Strategic Command, United States Space Command, United States Transportation Command, and other relevant Commands, in coordination with the Commander of United States Cyber Command, in order to enable effective mission thread analysis, cyber situational awareness, and effective cyber defense of Defense Critical Assets and Task Critical Assets under their control or in their areas of responsibility, shall develop, institute, and make necessary modifications to— (1) internal combatant command processes, responsibilities, and functions; (2) coordination with service components under their operational control, United States Cyber Command, Joint Forces Headquarters-Department of Defense Information Network, and the service cyber components; (3) combatant command headquarters’ situational awareness posture to ensure an appropriate level of cyber situational awareness of the forces, facilities, installations, bases, critical infrastructure, and weapon systems under their control or in their areas of responsibility, including, in particular, Defense Critical Assets and Task Critical Assets; and (4) documentation of their mission-relevant terrain in cyberspace. (c) Department of Defense Chief Information Officer responsibilities (1) In general Not later than November 1, 2023, the Chief Information Officer of the Department of Defense shall establish or make necessary changes to policy, control systems standards, risk management framework and authority to operate policies, and cybersecurity reference architectures to provide baseline cybersecurity requirements for operational technology in forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network. (2) Implementation of policies The Chief Information Officer of the Department of Defense shall leverage acquisition guidance, concerted assessment of the Department’s operational technology enterprise, and coordination with the military department principal cyber advisors and chief information officers to drive necessary change and implementation of relevant policy across the Department’s forces, facilities, installations, bases, critical infrastructure, and weapon systems. (3) Additional responsibilities The Chief Information Officer of the Department of Defense shall ensure that policies, control systems standards, and cybersecurity reference architectures— (A) are implementable by components of the Department; (B) limit adversaries’ ability to reach or manipulate control systems through cyberspace; (C) appropriately balance non-connectivity and monitoring requirements; (D) include data collection and flow requirements; (E) interoperate with and are informed by the operational community’s workflows for defense of information and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department; (F) integrate and interoperate with Department mission assurance construct; and (G) are implemented with respect to Defense Critical Assets and Task Critical Assets. (d) United States Cyber Command operational responsibilities Not later than January 1, 2025, the Commander of United States Cyber Command shall make necessary modifications to the mission, scope, and posture of Joint Forces Headquarters-Department of Defense Information Network to ensure that Joint Forces Headquarters— (1) has appropriate visibility of operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets and Task Critical Assets; (2) can effectively command and control forces to defend such operational technology; and (3) has established processes for— (A) incident and compliance reporting; (B) ensuring compliance with Department of Defense cybersecurity policy; and (C) ensuring that cyber vulnerabilities, attack vectors, and security violations, including, in particular, those specific to Defense Critical Assets and Task Critical Assets, are appropriately managed. (e) United States Cyber Command functional responsibilities Not later than January 1, 2025, the Commander of United States Cyber Command shall— (1) ensure in its role of Joint Forces Trainer for the Cyberspace Operations Forces that operational technology cyber defense is appropriately incorporated into training for the Cyberspace Operations Forces; (2) delineate the specific force composition requirements within the Cyberspace Operations Forces for specialized cyber defense of operational technology, including the number, size, scale, and responsibilities of defined Cyber Operations Forces elements; (3) develop and maintain, or support the development and maintenance of, a joint training curriculum for operational technology-focused Cyberspace Operations Forces; (4) support the Chief Information Officer of the Department of Defense as the Department’s senior official for the cybersecurity of operational technology under this section; (5) develop and institutionalize, or support the development and institutionalization of, tradecraft for defense of operational technology across local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces; (6) develop and institutionalize integrated concepts of operation, operational workflows, and cybersecurity architectures for defense of information and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets and Task Critical Assets, including— (A) deliberate and strategic sensoring of such Network and Assets; (B) instituting policies governing connections across and between such Network and Assets; (C) modelling of normal behavior across and between such Network and Assets; (D) engineering data flows across and between such Network and Assets; (E) developing local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces’ operational workflows and tactics, techniques, and procedures optimized for the designs, data flows, and policies of such Network and Assets; (F) instituting of model defensive cyber operations and Department of Defense Information Network operations tradecraft; and (G) integrating of such operations to ensure interoperability across echelons; and (7) advance the integration of the Department of Defense’s mission assurance, cybersecurity compliance, cybersecurity operations, risk management framework, and authority to operate programs and policies. (f) Service responsibilities Not later than January 1, 2025, the Secretaries of the military departments, through the service principal cyber advisors, chief information officers, the service cyber components, and relevant service commands, shall make necessary investments in operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network and the service-controlled forces responsible for defense of such operational technology to— (1) ensure that relevant local network and cybersecurity forces are responsible for defending operational technology across the forces, facilities, installations, bases, critical infrastructure, and weapon systems, including, in particular, Defense Critical Assets and Task Critical Assets; (2) ensure that relevant local operational technology-focused system operators, network and cybersecurity forces, mission defense teams and other service-retained forces, and cyber protection teams are appropriately trained, including through common training and use of cyber ranges, as appropriate, to execute the specific requirements of cybersecurity operations in operational technology; (3) ensure that all Defense Critical Assets and Task Critical Assets are monitored and defended by Cybersecurity Service Providers; (4) ensure that operational technology is appropriately sensored and appropriate cybersecurity defenses, including technologies associated with the More Situational Awareness for Industrial Control Systems Joint Capability Technology Demonstration, are employed to enable defense of Defense Critical Assets and Task Critical Assets; (5) implement Department of Defense Chief Information Officer policy germane to operational technology, including, in particular, with respect to Defense Critical Assets and Task Critical Assets; (6) plan for, designate, and train dedicated forces to be utilized in operational technology-centric roles across the military services and United States Cyber Command; and (7) ensure that operational technology, as appropriate, is not easily accessible via the internet and that cybersecurity investments accord with mission risk to and relevant access vectors for Defense Critical Assets and Task Critical Assets. (g) Office of the Secretary of Defense responsibilities Not later than January 1, 2023, the Secretary of Defense shall— (1) assess and finalize Office of the Secretary of Defense components’ roles and responsibilities for the cybersecurity of operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network; (2) assess the need to establish centralized or dedicated funding for remediation of cybersecurity gaps in operational technology across the Department of Defense Information Network; (3) make relevant modifications to the Department of Defense’s mission assurance construct, Mission Assurance Coordination Board, and other relevant bodies to drive— (A) prioritization of kinetic and non-kinetic threats to the Department’s missions and minimization of mission risk in the Department’s war plans; (B) prioritization of relevant mitigations and investments to harden and assure the Department’s missions and minimize mission risk in the Department’s war plans; and (C) completion of mission relevant terrain mapping of Defense Critical Assets and Task Critical Assets and population of associated assessment and mitigation data in authorized repositories; (4) make relevant modifications to the Strategic Cybersecurity Program; and (5) drive and provide oversight of the implementation of this section. (h) Budget rollout briefings (1) In general Beginning not later than 30 days after the date of the enactment of this Act, each of the Secretaries of the military departments, the Commander of United States Cyber Command, and the Chief Information Officer of the Department of Defense shall provide annual updates to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on activities undertaken and progress made to carry out this section. (2) Annual briefings Not later than one year after the date of the enactment of this Act and not less frequently than annually thereafter until January 1, 2024, the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition and Sustainment, the Chief Information Officer, and the Joint Staff J6, representing the combatant commands, shall individually or together provide briefings to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on activities undertaken and progress made to carry out this section. (i) Implementation (1) In general In implementing this section, the Secretary of Defense shall prioritize the cybersecurity and cyber defense of Defense Critical Assets and Task Critical Assets and shape cyber investments, policy, operations, and deployments to ensure cybersecurity and cyber defense. (2) Application This section shall apply to assets owned and operated by the Department of Defense, as well as to applicable non-Department assets essential to the projection, support, and sustainment of military forces and operations worldwide. (j) Definition In this section: (1) Mission-relevant terrain in cyberspace mission-relevant terrain in cyberspace has the meaning given such term as specified in Joint Publication 6-0. (2) Operational technology The term operational technology means control systems or controllers, communication architectures, and user interfaces that monitor or control infrastructure and equipment operating in various environments, such as weapon systems, utility or energy production and distribution, or medical, logistics, nuclear, biological, chemical, or manufacturing facilities. 1506. Matters concerning cyber personnel requirements (a) In general The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense, in consultation with Secretaries of the military departments and the head of any other organization or element of the Department the Secretary determines appropriate, shall— (1) determine the overall workforce requirement of the Department for cyberspace and information warfare military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel, and in doing so shall— (A) consider personnel in positions securing the Department of Defense Information Network and associated enterprise information technology, defense agencies and field activities, and combatant commands, including current billets primarily associated with the Department of Defense Cyber Workforce Framework; (B) consider the mix between military and civilian personnel, active and reserve components, and the use of the National Guard; (C) develop a talent management strategy that covers accessions, training, and education; and (D) consider such other elements as the Secretary determines appropriate; (2) assess current and future cyber education curriculum and requirements for military and civilian personnel, including— (A) acquisition personnel; (B) accessions and recruits to the military services; (C) cadets and midshipmen at the military service academies and enrolled in the Senior Reserve Officers’ Training Corps; (D) information environment and cyberspace military and civilian personnel; and (E) non-information environment cyberspace military and civilian personnel; (3) identify appropriate locations for information warfare and cyber education for military and civilian personnel, including— (A) the military service academies; (B) the senior level service schools and intermediate level service schools specified in section 2151(b) of title 10, United States Code; (C) the Air Force Institute of Technology; (D) the National Defense University; (E) the Joint Special Operations University; (F) the Command and General Staff Colleges; (G) the War Colleges; (H) any military education institution attached to or operating under any institution specified in this paragraph; (I) any other military educational institution of the Department identified by the Secretary for purposes of this section; (J) the Cyber Centers of Academic Excellence; and (K) potential future educational institutions of the Federal Government in accordance with the assessment required under subsection (b); and (4) determine— (A) whether the cyberspace domain mission requires a graduate level professional military education college on par with and distinct from the war colleges for the Army, Navy, and Air Force as in existence on the day before the date of the enactment of this Act; (B) whether such a college should be joint; and (C) where such a college should be located. (b) Assessment In identifying appropriate locations for information warfare and cyber education for military and civilian personnel at potential future educational institutions of the Federal Government pursuant to subsection (a)(3)(K), the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense, in consultation with Secretaries of the military departments, the head of any other organization or element of the Department the Secretary determines appropriate, the Secretary of Homeland Security, and the National Cyber Director, shall assess the feasibility and advisability of establishing a National Cyber Academy or similar institute for the purpose of educating and training civilian and military personnel for service in cyber, information, and related fields throughout the Federal Government. (c) Reports required (1) Education Not later than November 1, 2022, the Secretary of Defense shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than January 1, 2023, the Secretary shall submit to such committees a report, on— (A) talent strategy to satisfy future cyber education requirements at appropriate locations referred to in subsection (a)(3); and (B) the findings of the Secretary in assessing cyber education curricula and identifying such locations. (2) Workforce Not later than November 1, 2024, the Secretary of Defense shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than January 1, 2025, the Secretary shall submit to such committees a report, on— (A) the findings of the Secretary in determining pursuant to subsection (a)(1) the overall workforce requirement of the Department of Defense for cyberspace and information warfare military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel; (B) such recommendations as the Secretary may have relating to such requirement; and (C) such legislative or administrative action as the Secretary identifies as necessary to effectively satisfy such requirement. (d) Education described In this section, the term education includes formal education requirements, such as degrees and certification in targeted subject areas, as well as general training, including— (1) upskilling; (2) knowledge, skills, and abilities; and (3) nonacademic professional development. 1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command (a) Assignment of responsibilities (1) In general The Commander of United States Cyber Command shall, subject to the authority, direction, and control of the Principal Cyber Advisor of the Department of Defense, be responsible for directly controlling and managing the planning, programming, budgeting, and execution of resources to train, equip, operate, and sustain the Cyber Mission Forces. (2) Effective date and applicability Paragraph (1) shall take effect on the date of the enactment of this Act and apply— (A) on January 1, 2022, for controlling and managing budget execution; and (B) beginning with fiscal year 2024 and each fiscal year thereafter for directly controlling and managing the planning, programming, budgeting, and execution of resources. (b) Elements (1) In general The responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall include the following: (A) Preparation of a program objective memorandum and budget estimate submission for the resources required to train, equip, operate, and sustain the Cyber Mission Forces. (B) Preparation of budget materials pertaining to United States Cyber Command for inclusion in the budget justification materials that are submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code) that is separate from any other military service or component of the Department. (2) Responsibilities not delegated The responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall not include the following: (A) Military pay and allowances. (B) Funding for facility support that is provided by the military services. (c) Implementation plan (1) In general Not later than the date that is 30 days after the date of the enactment of this Act, the Comptroller General of the Department of Defense and the Commander of United States Cyber Command, in coordination with Chief Information Officer of the Department, the Principal Cyber Advisor, the Under Secretary of Defense for Acquisition and Sustainment, Cost Assessment and Program Evaluation, and the Secretaries of the military departments, shall jointly develop an implementation plan for the transition of responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1). (2) Elements The implementation plan developed under paragraph (1) shall include the following: (A) A budgetary review to identify appropriate resources for transfer to the Commander of United States Cyber Command for carrying out responsibilities assigned pursuant to subsection (a)(1). (B) Definitions of appropriate roles and responsibilities. (C) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element for which the Commander of United States Cyber Command is responsible. (D) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element relevant to or that support the Cyber Mission Force for which the Secretaries of the military departments are responsible. (E) Required levels of civilian and military staffing within United States Cyber Command to carry out subsection (a)(1), and an estimate of when such levels of staffing will be achieved. (d) Briefing (1) In general Not later than the earlier of the date on which the implementation plan under subsection (c) is developed or the date that is 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the implementation plan. (2) Elements The briefing required by paragraph (1) shall address any recommendations for when and how the Secretary of Defense should delegate to the Commander of United States Cyber Command budget authority for the Cyber Operations Forces (as such term is defined in the memorandum issued by the Secretary of Defense on December 12, 2019, relating to the definition of Department of Defense Cyberspace Operations Forces (DoD COF) ), after successful implementation of the responsibilities described in subsection (a) relating to the Cyber Mission Forces. 1508. Coordination between United States Cyber Command and private sector (a) Voluntary process Not later than January 1, 2023, the Commander of United States Cyber Command shall establish a voluntary process to engage with private sector information technology and cybersecurity entities to explore and develop methods and plans through which the capabilities, knowledge, and actions of— (1) private sector entities operating inside the United States to defend against foreign malicious cyber actors could assist, or be coordinated with, the actions of United States Cyber Command operating outside the United States against such foreign malicious cyber actors; and (2) United States Cyber Command operating outside the United States against foreign malicious cyber actors could assist, or be coordinated with, the actions of private sector entities operating inside the United States against such foreign malicious cyber actors. (b) Annual briefing (1) In general During the period beginning on March 1, 2022, and ending on March 1, 2026, the Commander of United States Cyber Command shall, not less frequently than once each year, provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the status of any activities conducted pursuant to subsection (a). (2) Elements Each briefing provided under paragraph (1) shall include the following: (A) Such recommendations for legislative or administrative action as the Commander of United States Cyber Command considers appropriate to improve and facilitate the exploration and development of methods and plans under subsection (a). (B) Such recommendations as the Commander may have for increasing private sector participation in such exploration and development. (C) A description of the challenges encountered in carrying out subsection (a), including any concerns expressed to the Commander by private sector partners regarding participation in such exploration and development. (D) Information relating to how such exploration and development with the private sector could assist military planning by United States Cyber Command. (E) Such other matters as the Commander considers appropriate. (c) Consultation In developing the process described in subsection (a), the Commander of United States Cyber Command shall consult with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and the heads of any other Federal agencies the Commander considers appropriate. (d) Integration with other efforts The Commander of United States Cyber Command shall ensure that the process described in subsection (a) makes use of, builds upon, and, as appropriate, integrates with and does not duplicate, other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following: (1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency. (2) The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency. (3) The office for joint cyber planning of the Department of Homeland Security. (e) Protection of trade secrets and proprietary information The Commander of United States Cyber Command shall ensure that any trade secret or proprietary information of a private sector entity engaged with the Department of Defense through the process established under subsection (a) that is made known to the Department pursuant to such process remains private and protected unless otherwise explicitly authorized by such entity. (f) Rule of construction Nothing in this section may be construed to authorize United States Cyber Command to conduct operations inside the United States or for private sector entities to conduct offensive cyber activities outside the United States, except to the extent such operations or activities are permitted by a provision of law in effect on the day before the date of the enactment of this Act. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities (a) Assessment of cyber posture of adversaries and operational assumptions of United States Government (1) In general Not later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command, the Under Secretary of Defense for Policy, and the Under Secretary of Defense for Intelligence and Security, shall jointly sponsor or conduct an assessment, including, if appropriate, a war-game or tabletop exercise, of the current and emerging offensive and defensive cyber posture of adversaries of the United States and the current operational assumptions and plans of the Armed Forces for offensive cyber operations during potential crises or conflict. (2) Elements The assessment required under paragraph (1) shall include consideration of the following: (A) Changes to strategies, operational concepts, operational preparation of the environment, and rules of engagement. (B) Opportunities provided by armed forces in theaters of operations and other innovative alternatives. (C) Changes in intelligence community (as such term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) targeting and operations in support of the Department of Defense. (D) Adversary capabilities to deny or degrade United States activities in cyberspace. (E) Adversaries’ targeting of United States critical infrastructure and implications for United States policy. (F) Potential effect of emerging technologies, such as fifth generation mobile networks, expanded use of cloud information technology services, and artificial intelligence. (G) Changes in Department of Defense organizational design. (H) The effect of private sector cybersecurity research. (F) Adequacy of intelligence support to cyberspace operations by Combat Support Agencies and Service Intelligence Centers. (b) Development of targeting strategies, supporting capabilities, and operational concepts (1) In general Not later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command shall— (A) assess and establish the capabilities, capacities, tools, and tactics required to support targeting strategies for— (i) day-to-day persistent engagement of adversaries, including support to information operations; (ii) support to geographic combatant commanders at the onset of hostilities and during sustained conflict; and (iii) deterrence of attacks on United States critical infrastructure, including the threat of counter value responses; (B) develop future cyber targeting strategies and capabilities across the categories of cyber missions and targets with respect to which— (i) time-consuming and human effort-intensive stealthy operations are required to acquire and maintain access to targets, and the mission is so important it is worthwhile to expend such efforts to hold such targets at risk; (ii) target prosecution requires unique access and exploitation tools and technologies, and the target importance justifies the efforts, time, and expense relating thereto; (iii) operational circumstances do not allow for and do not require spending the time and human effort required for stealthy, nonattributable, and continuous access to targets; (iv) capabilities are needed to rapidly prosecute targets that have not been previously planned and that can be accessed and exploited using known, available tools and techniques; and (v) targets may be prosecuted with the aid of automated techniques to achieve speed, mass, and scale; (C) develop strategies for appropriate utilization of Cyber Mission Teams in support of combatant command objectives as— (i) adjuncts to or substitutes for kinetic operations; or (ii) independent means to achieve novel tactical, operational, and strategic objectives; and (D) develop collection and analytic support strategies for the service intelligence centers to assist operations by United States Cyber Command and the Service Cyber Components. (2) Briefing required (A) In general Not later than 30 days after the date on which all activities required under paragraph (1) have been completed, the Commander of United States Cyber Command shall provide the congressional defense committees a briefing on such activities. (B) Elements The briefing provided pursuant to subparagraph (A) shall include the following: (i) Recommendations for such legislative or administrative action as the Commander of United States Cyber Command considers necessary to address capability shortcomings. (ii) Plans to address such capability shortcomings. (c) Country-specific access strategies (1) In general Not later than one year after the date on which all activities required under subsection (b)(1) have been completed, the Commander of United States Cyber Command shall complete development of country-specific access strategies for the Russian Federation, the People’s Republic of China, the Democratic People’s Republic of Korea, and the Islamic Republic of Iran. (2) Elements Each country-specific access strategy developed under paragraph (1) shall include the following: (A) Specification of desired and required— (i) outcomes; (ii) cyber warfighting architecture, including— (I) tools and redirectors; (II) access platforms; and (III) data analytics, modeling, and simulation capacity; (iii) specific means to achieve and maintain persistent access and conduct command and control and exfiltration against hard targets and in operationally challenging environments across the continuum of conflict; (iv) intelligence, surveillance, and reconnaissance support; (v) operational partnerships with allies; (vi) rules of engagement; (vii) personnel, training, and equipment; and (viii) targeting strategies, including strategies that do not demand deliberate targeting and precise access to achieve effects; and (B) recommendations for such policy or resourcing changes as the Commander of United States Cyber Command considers appropriate to address access shortfalls. (3) Consultation required The Commander of United States Cyber Command shall develop the country-specific access strategies under paragraph (1) independently but in consultation with the following: (A) The Director of the National Security Agency. (B) The Director of the Central Intelligence Agency. (C) The Director of the Defense Advanced Research Projects Agency. (D) The Director of the Strategic Capabilities Office. (E) The Under Secretary of Defense for Policy. (F) The Principal Cyber Advisor to the Secretary of Defense. (G) The Commanders of all other combatant commands. (4) Briefing Upon completion of the country-specific access strategies under paragraph (1), the Commander of United States Cyber Command shall provide the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a briefing on such strategies. (d) Definition In this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ). 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure (a) Comprehensive assessment and recommendations required Not later than 180 days after the date of enactment of this section, the Secretary of Defense shall— (1) conduct a comprehensive assessment of the policy, capacity, and capabilities of the Department of Defense to diminish and defend the United States from the threat of ransomware attacks, including— (A) an assessment of the current and potential threats and risks to national and economic security posed by— (i) large-scale and sophisticated criminal cyber enterprises that provide large-scale and sophisticated cyber attack capabilities and infrastructure used to conduct ransomware attacks; and (ii) organizations that conduct or could conduct ransomware attacks or other attacks that use the capabilities and infrastructure described in clause (i) on a large scale against important assets and systems in the United States, including critical infrastructure; (B) an assessment of— (i) the threat posed to the Department of Defense Information Network and the United States by the large-scale and sophisticated criminal cyber enterprises, capabilities, and infrastructure described in subparagraph (A); and (ii) the current and potential role of United States Cyber Command in addressing the threat referred to in clause (i) including— (I) the threshold at which United States Cyber Command should respond to such a threat; and (II) the capacity for United States Cyber Command to respond to such a threat without harmful effects on other United States Cyber Command missions; (C) an identification of the current and potential Department efforts, processes, and capabilities to deter and counter the threat referred to in subparagraph (B)(i), including through offensive cyber effects operations; (D) an assessment of the application of the defend forward and persistent engagement operational concepts and capabilities of the Department to deter and counter the threat of ransomware attacks against the United States; (E) a description of the efforts of the Department in interagency processes, and joint collaboration with allies and partners of the United States, to address the growing threat from large-scale and sophisticated criminal cyber enterprises that conduct ransomware attacks and could conduct attacks with other objectives; (F) a determination of the extent to which the governments of countries in which large-scale and sophisticated criminal cyber enterprises are principally located are tolerating the activities of such enterprises, have interactions with such enterprises, could direct their operations, and could suppress such enterprises; (G) an assessment as to whether the large-scale and sophisticated criminal cyber enterprises described in subparagraph (F) are perfecting and practicing attack techniques and capabilities at scale that can be co-opted and placed in the service of the country in which such enterprises are principally located; and (H) identification of such legislative or administrative action as may be necessary to more effectively counter the threat of ransomware attacks; and (2) develop recommendations for the Department to build capabilities to develop and execute innovative methods to deter and counter the threat of ransomware attacks prior to and in response to the launching of such attacks. (b) Briefing Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the comprehensive assessment completed under paragraph (1) of subsection (a) and the recommendations developed under paragraph (2) of such subsection. (c) Definition In this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ). 1511. Comparative analysis of cybersecurity capabilities (a) Comparative analysis required Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer and the Director of Cost Assessment and Program Evaluation (CAPE) of the Department of Defense, in consultation with the Principal Cyber Advisor to the Secretary of Defense and the Chief Information Officers of each of the military departments, shall jointly sponsor a comparative analysis, to be conducted by the Director of the National Security Agency and the Director of the Defense Information Systems Agency, of the following: (1) The cybersecurity tools, applications, and capabilities offered as options on enterprise software agreements for cloud-based productivity and collaboration suites, such as is offered under the Defense Enterprise Office Solution and Enterprise Software Agreement contracts with Department of Defense components, relative to the cybersecurity tools, applications, and capabilities that are currently deployed in, or required by, the Department to conduct— (A) asset discovery; (B) vulnerability scanning; (C) conditional access (also known as comply-to-connect ); (D) event correlation; (E) patch management and remediation; (F) endpoint query and control; (G) endpoint detection and response; (H) data rights management; (I) data loss prevention; (J) data tagging; (K) data encryption; (L) security information and event management; and (M) security orchestration, automation, and response. (2) The identity, credential, and access management (ICAM) system, and associated capabilities to enforce the principle of least privilege access, offered as an existing option on an enterprise software agreement described in paragraph (1), relative to— (A) the requirements of such system described in the Zero Trust Reference Architecture of the Department; and (B) the requirements of such system under development by the Defense Information Systems Agency. (3) The artificial intelligence and machine-learning capabilities associated with the tools, applications, and capabilities described in paragraphs (1) and (2), and the ability to host Government or third-party artificial intelligence and machine-learning algorithms pursuant to contracts referred to in paragraph (1) for such tools, applications, and capabilities. (4) The network consolidation and segmentation capabilities offered on the enterprise software agreements described in paragraph (1) relative to capabilities projected in the Zero Trust Reference Architecture. (5) The automated orchestration and interoperability among the tools, applications, and capabilities described in paragraphs (1) through (4). (b) Elements of comparative analysis The comparative analysis conducted under subsection (a) shall include an assessment of the following: (1) Costs. (2) Performance. (3) Sustainment. (4) Scalability. (5) Training requirements. (6) Maturity. (7) Human effort requirements. (8) Speed of integrated operations. (9) Ability to operate on multiple operating systems and in multiple cloud environments. (10) Such other matters as the Chief Information Officer and the Director of Cost Assessment and Program Evaluation consider appropriate. (c) Briefing required Not later than 30 days after the date on which the comparative analysis required under subsection (a) is completed, the Chief Information Officer and the Director of Cost Assessment and Program Evaluation (CAPE) of the Department of Defense shall jointly provide the congressional defense committees with a briefing on the findings of the Chief Information Officer and the Director with respect to such analysis, together with such recommendations for legislative or administrative action as the Chief Information Officer and the Director may have with respect to the matters covered by such analysis. 1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services Section 2012 of title 10, United States Code is amended— (1) in subsection (e)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: (3) Owners and operators of critical infrastructure (as such term is defined in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) )). ; and (2) in subsection (f), by adding at the end the following new paragraph: (5) Procedures to ensure that assistance provided to an entity specified in subsection (e)(3) is provided in a manner that is consistent with similar assistance provided under authorities applicable to other Federal departments and agencies, including the authorities of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security pursuant to title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ).. 1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure (a) Report required Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the National Cyber Director, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that provides recommendations on how the Department of Defense can improve support and assistance to the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to increase awareness of cyber threats and vulnerabilities affecting information technology and networks supporting critical infrastructure within the United States, including critical infrastructure of the Department and critical infrastructure relating to the defense of the United States. (b) Elements of report The report required by subsection (a) shall— (1) assess and identify areas in which the Department of Defense could provide support or assistance, including through information sharing and voluntary network monitoring programs, to the Cybersecurity and Infrastructure Security Agency to expand or increase technical understanding and awareness of cyber threats and vulnerabilities affecting critical infrastructure; (2) identify and assess any legal, policy, organizational, or technical barriers to carrying out paragraph (1); (3) assess and describe any legal or policy changes necessary to enable the Department to carry out paragraph (1) while preserving privacy and civil liberties; (4) assess and describe the budgetary and other resource effects on the Department of carrying out paragraph (1); and (5) provide a notional time-phased plan, including milestones, to enable the Department to carry out paragraph (1). (c) Critical infrastructure defined In this section, the term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 ( 42 U.S.C. 5195c(e) ). 1521. Enterprise-wide procurement of cyber data products and services (a) Program Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall designate an executive agent for Department of Defense-wide procurement of cyber data products and services. The executive agent shall establish a program management office responsible for such procurement, and the program manager of such program office shall be responsible for the following: (1) Surveying components of the Department for the cyber data products and services needs of such components. (2) Conducting market research of cyber data products and services. (3) Developing or facilitating development of requirements, both independently and through consultation with components, for the acquisition of cyber data products and services. (4) Developing and instituting model contract language for the acquisition of cyber data products and services, including contract language that facilitates components’ requirements for ingesting, sharing, using and reusing, structuring, and analyzing data derived from such products and services. (5) Conducting procurement of cyber data products and services on behalf of the Department of Defense, including negotiating contracts with a fixed number of licenses based on aggregate component demand and negotiation of extensible contracts. (6) Carrying out the responsibilities specified in paragraphs (1) through (5) with respect to the cyber data products and services needs of the Cyberspace Operations Forces, such as cyber data products and services germane to cyberspace topology and identification of adversary threat activity and infrastructure, including— (A) facilitating the development of cyber data products and services requirements for the Cyberspace Operations Forces, conducting market research regarding the future cyber data products and services needs of the Cyberspace Operations Forces, and conducting acquisitions pursuant to such requirements and market research; (B) coordinating cyber data products and services acquisition and management activities with Joint Cyber Warfighting Architecture acquisition and management activities, including activities germane to data storage, data management, and development of analytics; (C) implementing relevant Department of Defense and United States Cyber Command policy germane to acquisition of cyber data products and services; (D) leading or informing the integration of relevant datasets and services, including Government-produced threat data, commercial cyber threat information, collateral telemetry data, topology-relevant data, sensor data, and partner-provided data; and (E) facilitating the development of tradecraft and operational workflows based on relevant cyber data products and services. (b) Coordination In implementing this section, each component of the Department of Defense shall coordinate its cyber data products and services requirements and potential procurement plans relating to such products and services with the program management office established pursuant to subsection (a) so as to enable such office to determine if satisfying such requirements or procurement of such products and services on an enterprise-wide basis would serve the best interests of the Department. (c) Prohibition Beginning not later than 540 days after the date of the enactment of this Act, no component of the Department of Defense may independently procure a cyber data product or service that has been procured by the program management office established pursuant to subsection (a), unless— (1) such component is able to procure such product or service at a lower per-unit price than that available through such office; or (2) such office has approved such independent purchase. (d) Exception United States Cyber Command and the National Security Agency may conduct joint procurements of products and services, including cyber data products and services, except that the requirements of subsections (b) and (c) shall not apply to the National Security Agency. (e) Definition In this section, the term cyber data products and services means commercially-available datasets and analytic services germane to offensive cyber, defensive cyber, and DODIN operations, including products and services that provide technical data, indicators, and analytic services relating to the targets, infrastructure, tools, and tactics, techniques, and procedures of cyber threats. 1522. Legacy information technologies and systems accountability (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each initiate efforts to identify legacy applications, software, and information technology within their respective Departments and eliminate any such application, software, or information technology that is no longer required. (b) Specifications To carry out subsection (a), that Secretaries of the Army, Navy, and Air Force shall each document the following: (1) An identification of the applications, software, and information technologies that are considered active or operational, but which are judged to no longer be required by the respective Department. (2) Information relating to the sources of funding for the applications, software, and information technologies identified pursuant to paragraph (1). (3) An identification of the senior official responsible for each such application, software, or information technology. (4) A plan to discontinue use and funding for each such application, software, or information technology. (c) Exemption Any effort substantially similar to that described in subsections (a) and (b) that is being carried out by the Secretary of the Army, Navy, or Air Force as of the date of the enactment of this Act and completed not later 180 days after such date shall be treated as satisfying the requirements under such subsections. (d) Report Not later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each submit to the congressional defense committees the documentation required under subsection (b). 1523. Update relating to responsibilities of Chief Information Officer Paragraph (1) of section 142(b) of title 10, United States Code, is amended— (1) in subparagraphs (A), (B), and (C), by striking (other than with respect to business management) each place it appears; and (2) by amending subparagraph (D) to read as follows: (D) exercises authority, direction, and control over the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, funded through the Information Systems Security Program;. 1524. Protective Domain Name System within the Department of Defense (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall ensure each component of the Department of Defense uses a Protective Domain Name System (PDNS) instantiation offered by the Department. (b) Exemptions The Secretary of Defense may exempt a component of the Department from using a PDNS instantiation for any reason except with respect to cost or technical application. (c) Report to Congress Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes information relating to— (1) each component of the Department of Defense that uses a PDNS instantiation offered by the Department; (2) each component exempt from using a PDNS instantiation pursuant to subsection (b); and (3) efforts to ensure that each PDNS instantiation offered by the Department connects and shares relevant and timely data. 1525. Cybersecurity of weapon systems Section 1640 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2224 note), is amended by adding at the end the following new subsection: (f) Annual reports Not later than August 30, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the congressional defense committees a report on the work of the Program, including information relating to staffing and accomplishments.. 1526. Assessment of controlled unclassified information program Section 1648 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note), is amended— (1) in subsection (a), by striking February 1, 2020 and inserting 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ; and (2) in subsection (b), by amending paragraph (4) to read as follows: (4) Definitions for Controlled Unclassified Information (CUI) and For Official Use Only (FOUO), policies regarding protecting information designated as either of such, and an explanation of the DoD CUI Program and Department of Defense compliance with the responsibilities specified in Department of Defense Instruction (DoDI) 5200.48, Controlled Unclassified Information (CUI), including the following: (A) The extent to which the Department of Defense is identifying whether information is CUI via a contracting vehicle and marking documents, material, and media containing such information in a clear and consistent manner. (B) Recommended regulatory or policy changes to ensure consistency and clarity in CUI identification and marking requirements. (C) Circumstances under which commercial information is considered CUI, and any impacts to the commercial supply chain associated with security and marking requirements pursuant to this paragraph. (D) Benefits and drawbacks of requiring all CUI to be marked with a unique CUI legend, versus requiring that all data marked with an appropriate restricted legend be handled as CUI. (E) The extent to which the Department of Defense clearly delineates Federal Contract Information (FCI) from CUI. (F) Examples or scenarios to illustrate information that is and is not CUI.. 1527. Cyber data management (a) In general The Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief Information Officer and the Chief Data Officer of the Department of Defense, and the Chairman of the Joint Chiefs of Staff, shall— (1) access, acquire, and use mission-relevant data to support offensive cyber, defensive cyber, and DODIN operations from the intelligence community, other elements of the Department of Defense, and the private sector; (2) develop policy, processes, and operating procedures governing the access, ingest, structure, storage, analysis, and combination of mission-relevant data, including— (A) intelligence data; (B) internet traffic, topology, and activity data; (C) cyber threat information; (D) Department of Defense Information Network sensor, tool, routing infrastructure, and endpoint data; and (E) other data management and analytic platforms pertinent to United States Cyber Command missions that align with the principles of Joint All Domain Command and Control; (3) pilot efforts to develop operational workflows and tactics, techniques, and procedures for the operational use of mission-relevant data by the Cyberspace Operations Forces; and (4) evaluate data management platforms used to carry out paragraphs (1), (2), and (3) to ensure such platforms operate consistently with the Deputy Secretary of Defense’s Data Decrees signed on May 5, 2021. (b) Roles and responsibilities (1) In general Not later than 270 days after the date of the enactment of this Act, the Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief Information Officer and Chief Data Officer of the Department of Defense, and the Chairman of the Joint Chiefs of Staff, shall establish the specific roles and responsibilities of the following in implementing each of the tasks required under subsection (a): (A) United States Cyber Command. (B) Program offices responsible for the components of the Joint Cyber Warfighting Architecture. (C) The military services. (D) Entities in the Office of the Secretary of Defense. (E) Any other program office, headquarters element, or operational component newly instantiated or determined relevant by the Secretary. (2) Briefing Not later than 300 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the roles and responsibilities established under paragraph (1). 1528. Zero trust strategy, principles, model architecture, and implementation plans (a) In general Not later than 270 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall jointly develop a zero trust strategy, principles, and a model architecture to be implemented across the Department of Defense Information Network, including classified networks, operational technology, and weapon systems. (b) Strategy, principles, and model architecture elements The zero trust strategy, principles, and model architecture required under subsection (a) shall include, at a minimum, the following elements: (1) Prioritized policies and procedures for establishing implementations of mature zero trust enabling capabilities within on-premises, hybrid, and pure cloud environments, including access control policies that determine which persona or device shall have access to which resources and the following: (A) Identity, credential, and access management. (B) Macro and micro network segmentation, whether in virtual, logical, or physical environments. (C) Traffic inspection. (D) Application security and containment. (E) Transmission, ingest, storage, and real-time analysis of cybersecurity metadata endpoints, networks, and storage devices. (F) Data management, data rights management, and access controls. (G) End-to-end encryption. (H) User access and behavioral monitoring, logging, and analysis. (I) Data loss detection and prevention methodologies. (J) Least privilege, including system or network administrator privileges. (K) Endpoint cybersecurity, including secure host, endpoint detection and response, and comply-to-connect requirements. (L) Automation and orchestration. (M) Configuration management of virtual machines, devices, servers, routers, and similar to be maintained on a single virtual device approved list (VDL). (2) Policies specific to operational technology, critical data, infrastructures, weapon systems, and classified networks. (3) Specification of enterprise-wide acquisitions of capabilities conducted or to be conducted pursuant to the policies referred to in paragraph (2). (4) Specification of standard zero trust principles supporting reference architectures and metrics-based assessment plan. (5) Roles, responsibilities, functions, and operational workflows of zero trust cybersecurity architecture and information technology personnel— (A) at combatant commands, military services, and defense agencies; and (B) Joint Forces Headquarters-Department of Defense Information Network. (c) Architecture development and implementation In developing and implementing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall— (1) coordinate with— (A) the Principal Cyber Advisor to the Secretary of Defense; (B) the Director of the National Security Agency Cybersecurity Directorate; (C) the Director of the Defense Advanced Research Projects Agency; (D) the Chief Information Officer of each military service; (E) the Commanders of the cyber components of the military services; (F) the Principal Cyber Advisor of each military service; (G) the Chairman of the Joints Chiefs of Staff; and (H) any other component of the Department of Defense as determined by the Chief Information Officer and the Commander; (2) assess the utility of the Joint Regional Security Stacks, automated continuous endpoint monitoring program, assured compliance assessment solution, and each of the defenses at the Internet Access Points for their relevance and applicability to the zero trust architecture and opportunities for integration or divestment; (3) employ all available resources, including online training, leveraging commercially available zero trust training material, and other Federal agency training, where feasible, to implement cybersecurity training on zero trust at the— (A) executive level; (B) cybersecurity professional or implementer level; and (C) general knowledge levels for Department of Defense users; (4) facilitate cyber protection team and cybersecurity service provider threat hunting and discovery of novel adversary activity; (5) assess and implement means to effect Joint Force Headquarters-Department of Defense Information Network’s automated command and control of the entire Department of Defense Information Network; (6) assess the potential of and, as appropriate, encourage, use of third-party cybersecurity-as-a-service models; (7) engage with and conduct outreach to industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to deployment of zero trust architectures; (8) assess the current Comply-to-Connect Plan; and (9) review past and conduct additional pilots to guide development, including— (A) utilization of networks designated for testing and accreditation under section 1658 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note); (B) use of automated red team products for assessment of pilot architectures; and (C) accreditation of piloted cybersecurity products for enterprise use in accordance with the findings on enterprise accreditation standards conducted pursuant to section 1654 of such Act ( Public Law 116–92 ). (d) Implementation plans (1) In general Not later than one year after the finalization of the zero trust strategy, principles, and model architecture required under subsection (a), the head of each military department and the head of each component of the Department of Defense shall transmit to the Chief Information Officer of the Department and the Commander of Joint Forces Headquarters-Department of Defense Information Network a draft plan to implement such zero trust strategy, principles, and model architecture across the networks of their respective components and military departments. (2) Elements Each implementation plan transmitted pursuant to paragraph (1) shall include, at a minimum, the following: (A) Specific acquisitions, implementations, instrumentations, and operational workflows to be implemented across unclassified and classified networks, operational technology, and weapon systems. (B) A detailed schedule with target milestones and required expenditures. (C) Interim and final metrics, including a phase migration plan. (D) Identification of additional funding, authorities, and policies, as may be required. (E) Requested waivers, exceptions to Department of Defense policy, and expected delays. (e) Implementation oversight (1) In general The Chief Information Officer of the Department of Defense shall— (A) assess the implementation plans transmitted pursuant to subsection (d)(1) for— (i) adequacy and responsiveness to the zero trust strategy, principles, and model architecture required under subsection (a); and (ii) appropriate use of enterprise-wide acquisitions; (B) ensure, at a high level, the interoperability and compatibility of individual components’ Solutions Architectures, including the leveraging of enterprise capabilities where appropriate through standards derivation, policy, and reviews; (C) use the annual investment guidance of the Chief to ensure appropriate implementation of such plans, including appropriate use of enterprise-wide acquisitions; (D) track use of waivers and exceptions to policy; (E) use the Cybersecurity Scorecard to track and drive implementation of Department components; and (F) leverage the authorities of the Commander of Joint Forces Headquarters-Department of Defense Information Network and the Director of the Defense Information Systems Agency to begin implementation of such zero trust strategy, principles, and model architecture. (2) Assessments of funding Not later than March 31, 2024, and annually thereafter, each Principal Cyber Advisor of a military service shall include in the annual budget certification of such military service, as required by section 1657(d) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note), an assessment of the adequacy of funding requested for each proposed budget for the purposes of carrying out the implementation plan for such military service under subsection (d)(1). (f) Initial briefings (1) On model architecture Not later than 90 days after finalizing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information Officer of the Department of Defense and the Commander of Joint Forces Headquarters-Department of Defense Information Network shall provide to the congressional defense committees a briefing on such zero trust strategy, principles, and model architecture. (2) On implementation plans Not later than 90 days after the receipt by the Chief Information Officer of the Department of Defense of an implementation plan transmitted pursuant to subsection (d)(1), the secretary of a military department, in the case of an implementation plan pertaining to a military department or a military service, or the Chief Information Officer of the Department, in the case of an implementation plan pertaining to a remaining component of the Department, as the case may be, shall provide to the congressional defense committees a briefing on such implementation plan. (g) Annual briefings Effective February 1, 2022, at each of the annual cybersecurity budget review briefings of the Chief Information Officer of the Department of Defense and the military services for congressional staff, until January 1, 2030, the Chief Information Officer and the head of each of the military services shall provide updates on the implementation in their respective networks of the zero trust strategy, principles, and model architecture. 1529. Demonstration program for automated security validation tools (a) Demonstration program required Not later than October 1, 2024, the Chief Information Officer of the Department of Defense, acting through the Director of the Defense Information Systems Agency of the Department, shall complete a demonstration program to demonstrate and assess an automated security validation capability to assist the Department by— (1) mitigating cyber hygiene challenges; (2) supporting ongoing efforts of the Department to assess weapon systems resiliency; (3) quantifying enterprise security effectiveness of enterprise security controls, to inform future acquisition decisions of the Department; (4) assisting portfolio managers with balancing capability costs and capability coverage of the threat landscape; and (5) supporting the Department’s Cybersecurity Analysis and Review threat framework. (b) Considerations In developing capabilities for the demonstration program required under subsection (a), the Chief Information Officer shall consider— (1) integration into automated security validation tools of advanced commercially available threat intelligence; (2) metrics and scoring of security controls; (3) cyber analysis, cyber campaign tracking, and cybersecurity information sharing; (4) integration into cybersecurity enclaves and existing cybersecurity controls of security instrumentation and testing capability; (5) endpoint sandboxing; and (6) use of actual adversary attack methodologies. (c) Coordination with military services In carrying out the demonstration program required under subsection (a), the Chief Information Officer, acting through the Director of the Defense Information Systems Agency, shall coordinate demonstration program activities with complementary efforts on-going within the military services, defense agencies, and field agencies. (d) Independent capability assessment In carrying out the demonstration program required under subsection (a), the Chief Information Officer, acting through the Director of the Defense Information Systems Agency and in coordination with the Director, Operational Test and Evaluation, shall perform operational testing to evaluate the operational effectiveness, suitability, and cybersecurity of the capabilities developed under the demonstration program. (e) Briefing (1) Initial briefing Not later than April 1, 2022, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the plans and status of the Chief Information Officer with respect to the demonstration program required under subsection (a). (2) Final briefing Not later than October 31, 2024, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the results and findings of the Chief Information Officer with respect to the demonstration program required under subsection (a). 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters Section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking one or more consortia and inserting a consortium ; and (B) in paragraph (1), by striking or consortia ; (2) in subsection (b), by striking or consortia ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) Designation of administrative chair The Secretary of Defense shall designate the National Defense University College of Information and Cyberspace to function as the administrative chair of the consortium established pursuant to subsection (a). ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (D) in paragraph (2), as so redesignated— (i) in the matter preceding subparagraph (A)— (I) by striking Each administrative and inserting The administrative ; and (II) by striking a consortium and inserting the consortium ; and (ii) in subparagraph (A), by striking for the term specified by the Secretary under paragraph (1) ; and (E) by amending paragraph (3), as so redesignated, to read as follows: (3) Executive committee The Secretary, in consultation with the administrative chair, may form an executive committee for the consortium that is comprised of representatives of the Federal Government to assist the chair with the management and functions of the consortium. ; and (4) by amending subsection (d) to read as follows: (d) Consultation The Secretary shall meet with such members of the consortium as the Secretary considers appropriate, not less frequently than twice each year or at such periodicity as is agreed to by the Secretary and the consortium.. 1531. Digital development infrastructure plan and working group (a) Plan required Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the working group established under subsection (d)(1), shall develop a plan for the establishment of a modern information technology infrastructure that supports state of the art tools and modern processes to enable effective and efficient development, testing, fielding, and continuous updating of artificial intelligence-capabilities. (b) Contents of plan The plan developed pursuant to subsection (a) shall include at a minimum the following: (1) A technical plan and guidance for necessary technical investments in the infrastructure described in subsection (a) that address critical technical issues, including issues relating to common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure. (2) A governance structure, together with associated policies and guidance, to support the implementation throughout the Department of such plan. (3) Identification and minimum viable instantiations of prototypical development and platform environments with such infrastructure, including enterprise data sets assembled under subsection (e). (c) Harmonization with departmental efforts The plan developed pursuant to subsection (a) shall include a description of the aggregated and consolidated financial and personnel requirements necessary to implement each of the following Department of Defense documents: (1) The Department of Defense Digital Modernization Strategy. (2) The Department of Defense Data Strategy. (3) The Department of Defense Cloud Strategy. (4) The Department of Defense Software Modernization Strategy. (5) The Department-wide software science and technology strategy required under section 255 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 2223a note). (6) The Department of Defense Artificial Intelligence Data Initiative. (7) The Joint All-Domain Command and Control Strategy. (8) Such other documents as the Secretary determines appropriate. (d) Working group (1) Establishment Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group on digital development infrastructure implementation to develop the plan required under subsection (a). (2) Membership The working group established under paragraph (1) shall be composed of individuals selected by the Secretary of Defense to represent each of the following: (A) The Office of Chief Data Officer (CDO). (B) The Component Offices of Chief Information Officer and Chief Digital Officer. (C) The Joint Artificial Intelligence Center (JAIC). (D) The Office of the Under Secretary of Defense for Research & Engineering (OUSD (R&E)). (E) The Office of the Under Secretary of Defense for Acquisition & Sustainment (OUSD (A&S)). (F) The Office of the Under Secretary of Defense for Intelligence & Security (OUSD (I&S)). (G) Service Acquisition Executives. (H) The Office of the Director of Operational Test and Evaluation (DOT&E). (I) The office of the Director of the Defense Advanced Research Projects Agency (DARPA). (J) Digital development infrastructure programs, including the appropriate activities of the military services and defense agencies. (K) Such other officials of the Department of Defense as the Secretary determines appropriate. (3) Chairperson The chairperson of the working group established under paragraph (1) shall be the Chief Information Officer of the Department of Defense, or such other official as the Secretary of Defense considers appropriate. (4) Consultation The working group shall consult with such experts outside of the Department of Defense as the working group considers necessary to develop the plan required under subsection (a). (e) Strategic data node To enable efficient access to enterprise data sets referred to in subsection (b)(3) for users with authorized access, the Secretary of Defense shall assemble such enterprise data sets in the following areas: (1) Human resources. (2) Budget and finance. (3) Acquisition. (4) Logistics. (5) Real estate. (6) Health care. (7) Such other areas as the Secretary considers appropriate. (f) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the development of the plan required under subsection (a). 1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a study regarding the need, feasibility, and advisability of establishing within the Department of Defense a designated central program office responsible for overseeing covered academic engagement programs across the Department. Such study shall examine the following: (1) Whether the Department’s cyber-focused academic engagement needs more coherence, additional coordination, or improved management, and whether a designated central program office would provide such benefits. (2) How such a designated central program office would coordinate and harmonize Department programs relating to covered academic engagement programs. (3) Metrics such office would use to measure the effectiveness of covered academic engagement programs. (4) Whether such an office is necessary to serve as an identifiable entry point to the Department by the academic community. (5) Whether the cyber discipline with respect to academic engagement should be treated separately from other STEM fields. (6) How such an office would interact with the consortium universities (established pursuant to section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 391 note)) to assist the Secretary on cybersecurity matters. (7) Whether the establishment of such an office would have an estimated net savings for the Department. (b) Consultation In conducting the study required under subsection (a), the Secretary of Defense shall consult with and solicit recommendations from academic institutions and stakeholders, including primary, secondary, and post-secondary educational institutions. (c) Determination (1) In general Upon completion of the study required under subsection (a), the Secretary of Defense shall make a determination regarding the establishment within the Department of Defense of a designated central program office responsible for overseeing covered academic engagement programs across the Department. (2) Implementation If the Secretary of Defense makes an affirmative determination in accordance with paragraph (1), the Secretary shall establish within the Department of Defense a designated central program office responsible for overseeing covered academic programs across the Department. Not later than 180 days after such a determination, the Secretary shall promulgate such rules and regulations as are necessary to so establish such an office. (3) Negative determination If the Secretary of Defense makes a negative determination in accordance with paragraph (1), the Secretary shall submit to the congressional defense committees notice of such determination, together with a justification for such determination. Such justification shall include— (A) how the Secretary intends to coordinate and harmonize covered academic engagement programs; and (B) measures to determine effectiveness of covered academic engagement programs absent a designated central program office responsible for overseeing covered academic programs across the Department. (d) Report Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that updates the matters required for inclusion in the reports required pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and section 1726(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (e) Definition In this section, the term covered academic engagement program means each of the following: (1) Primary, secondary, or post-secondary education programs with a cyber focus. (2) Recruitment or retention programs for Department of Defense cyberspace personnel, including scholarship programs. (3) Academic partnerships focused on establishing cyber talent. (4) Cyber enrichment programs. 1533. Report on the Cybersecurity Maturity Model Certification program (a) Report required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the plans and recommendations of the Secretary for the Cyber Maturity Model Certification program. (b) Contents The report submitted under subsection (a) shall include the following: (1) The programmatic changes required in the Cyber Maturity Model Certification program to address the plans and recommendations of the Secretary of Defense referred to in such subsection. (2) The strategy of the Secretary for rulemaking for such program and the process for the Cybersecurity Maturity Model Certification rule. (3) The budget and resources required to support such program. (4) A plan for communication and coordination with the defense industrial base regarding such program. (5) The coordination needed within the Department of Defense and between Federal agencies for such program. (6) The applicability of such program requirements to universities and academic partners of the Department. (7) A plan for communication and coordination with such universities and academic partners regarding such program. (8) Plans and explicit public announcement of processes for reimbursement of cybersecurity compliance expenses for small and non-traditional businesses in the defense industrial base. (9) Plans for ensuring that persons seeking a Department contract for the first time are not required to expend funds to acquire cybersecurity capabilities and a certification required to perform under a contract as a precondition for bidding on such a contract without reimbursement in the event that such persons do not receive a contract award. (10) Clarification of roles and responsibilities of prime contractors for assisting and managing cybersecurity performance of subcontractors. (11) Such additional matters as the Secretary considers appropriate. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system Subsection (c) of section 499 of title 10, United States Code, is amended— (1) in the heading, by striking Report and inserting Reports ; (2) in paragraph (1), in the matter preceding subparagraph (A)— (A) by striking The Commanders and inserting For each assessment conducted under subsection (a), the Commanders ; and (B) by striking the assessment required by subsection (a) and inserting the assessment ; (3) in paragraph (2), by striking the report and inserting each report ; and (4) in paragraph (3)— (A) by striking The Secretary and inserting Not later than 90 days after the date of the submission of a report under paragraph (1), the Secretary ; and (B) by striking required by paragraph (1). 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems (a) In general Section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended— (1) in subsection (e)(1)— (A) in subparagraph (G), by striking and; after the semicolon; (B) in subparagraph (H), by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (I) activities of the Center address the security of both information technology and operational technology, including industrial control systems; ; and (2) by adding at the end the following new subsection: (q) Industrial control systems The Director shall maintain capabilities to identify and address threats and vulnerabilities to products and technologies intended for use in the automated control of critical infrastructure processes. In carrying out this subsection, the Director shall— (1) lead Federal Government efforts, in consultation with Sector Risk Management Agencies, as appropriate, to identify and mitigate cybersecurity threats to industrial control systems, including supervisory control and data acquisition systems; (2) maintain threat hunting and incident response capabilities to respond to industrial control system cybersecurity risks and incidents; (3) provide cybersecurity technical assistance to industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control system stakeholders to identify, evaluate, assess, and mitigate vulnerabilities; (4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control systems stakeholders; and (5) conduct such other efforts and assistance as the Secretary determines appropriate.. (b) Report to Congress Not later than 180 days after the date of the enactment of this Act and every six months thereafter during the subsequent 4-year period, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing on the industrial control systems capabilities of the Agency under section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by subsection (a). (c) GAO review Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall review implementation of the requirements of subsections (e)(1)(I) and (p) of section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by subsection (a), and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes findings and recommendations relating to such implementation. Such report shall include information on the following: (1) Any interagency coordination challenges to the ability of the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to lead Federal efforts to identify and mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(1) of such section. (2) The degree to which the Agency has adequate capacity, expertise, and resources to carry out threat hunting and incident response capabilities to mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(2) of such section, as well as additional resources that would be needed to close any operational gaps in such capabilities. (3) The extent to which industrial control system stakeholders sought cybersecurity technical assistance from the Agency pursuant to subsection (p)(3) of such section, and the utility and effectiveness of such technical assistance. (4) The degree to which the Agency works with security researchers and other industrial control systems stakeholders, pursuant to subsection (p)(4) of such section, to provide vulnerability information to the industrial control systems community. 1542. Cybersecurity vulnerabilities Section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and (B) by inserting after paragraph (3) the following new paragraph: (4) the term cybersecurity vulnerability has the meaning given the term security vulnerability in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 );. (2) in subsection (c)— (A) in paragraph (5)— (i) in subparagraph (A), by striking and after the semicolon at the end; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following new subparagraph: (B) sharing mitigation protocols to counter cybersecurity vulnerabilities pursuant to subsection (n), as appropriate; and ; and (iv) in subparagraph (C), as so redesignated, by inserting and mitigation protocols to counter cybersecurity vulnerabilities in accordance with subparagraph (B), as appropriate, before with Federal ; (B) in paragraph (7)(C), by striking sharing and inserting share ; and (C) in paragraph (9), by inserting mitigation protocols to counter cybersecurity vulnerabilities, as appropriate, after measures, ; (3) by redesignating subsection (o) as subsection (p); and (4) by inserting after subsection (n) following new subsection: (o) Protocols to counter certain cybersecurity vulnerabilities The Director may, as appropriate, identify, develop, and disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, including in circumstances in which such vulnerabilities exist because software or hardware is no longer supported by a vendor.. 1543. Report on cybersecurity vulnerabilities (a) Report Not later than one year after the date of the enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on how the Agency carries out subsection (n) of section 2209 of the Homeland Security Act of 2002 to coordinate vulnerability disclosures, including disclosures of cybersecurity vulnerabilities (as such term is defined in such section), and subsection (o) of such section to disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, that include the following: (1) A description of the policies and procedures relating to the coordination of vulnerability disclosures. (2) A description of the levels of activity in furtherance of such subsections (n) and (o) of such section 2209. (3) Any plans to make further improvements to how information provided pursuant to such subsections can be shared (as such term is defined in such section 2209) between the Department and industry and other stakeholders. (4) Any available information on the degree to which such information was acted upon by industry and other stakeholders. (5) A description of how privacy and civil liberties are preserved in the collection, retention, use, and sharing of vulnerability disclosures. (b) Form The report required under subsection (b) shall be submitted in unclassified form but may contain a classified annex. 1544. Competition relating to cybersecurity vulnerabilities The Under Secretary for Science and Technology of the Department of Homeland Security, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department, may establish an incentive-based program that allows industry, individuals, academia, and others to compete in identifying remediation solutions for cybersecurity vulnerabilities (as such term is defined in section 2209 of the Homeland Security Act of 2002) to information systems (as such term is defined in such section 2209) and industrial control systems, including supervisory control and data acquisition systems. 1545. Strategy Section 2210 of the Homeland Security Act of 2002 ( 6 U.S.C. 660 ) is amended by adding at the end the following new subsection: (e) Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments (1) In general (A) Requirement Not later than one year after the date of the enactment of this subsection, the Secretary, acting through the Director, shall, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, develop and make publicly available a Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments. (B) Recommendations and requirements The strategy required under subparagraph (A) shall provide recommendations relating to the ways in which the Federal Government should support and promote the ability of State, local, Tribal, and territorial governments to identify, mitigate against, protect against, detect, respond to, and recover from cybersecurity risks (as such term is defined in section 2209), cybersecurity threats, and incidents (as such term is defined in section 2209). (2) Contents The strategy required under paragraph (1) shall— (A) identify capability gaps in the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (B) identify Federal resources and capabilities that are available or could be made available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (C) identify and assess the limitations of Federal resources and capabilities available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents and make recommendations to address such limitations; (D) identify opportunities to improve the coordination of the Agency with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center, to improve— (i) incident exercises, information sharing and incident notification procedures; (ii) the ability for State, local, Tribal, and territorial governments to voluntarily adapt and implement guidance in Federal binding operational directives; and (iii) opportunities to leverage Federal schedules for cybersecurity investments under section 502 of title 40, United States Code; (E) recommend new initiatives the Federal Government should undertake to improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; (F) set short-term and long-term goals that will improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; and (G) set dates, including interim benchmarks, as appropriate for State, local, Tribal, and territorial governments to establish baseline capabilities to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents. (3) Considerations In developing the strategy required under paragraph (1), the Director, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, shall consider— (A) lessons learned from incidents that have affected State, local, Tribal, and territorial governments, and exercises with Federal and non-Federal entities; (B) the impact of incidents that have affected State, local, Tribal, and territorial governments, including the resulting costs to such governments; (C) the information related to the interest and ability of state and non-state threat actors to compromise information systems (as such term is defined in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 )) owned or operated by State, local, Tribal, and territorial governments; and (D) emerging cybersecurity risks and cybersecurity threats to State, local, Tribal, and territorial governments resulting from the deployment of new technologies. (4) Exemption Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to any action to implement this subsection.. 1546. Cyber incident response plan Subsection (c) of section 2210 of the Homeland Security Act of 2002 ( 6 U.S.C. 660 ) is amended— (1) by striking regularly update and inserting update not less often than biennially ; and (2) by adding at the end the following new sentence: The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response.. 1547. National cyber exercise program (a) In general Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended by adding at the end the following new section: 2220B. National cyber exercise program (a) Establishment of program (1) In general There is established in the Agency the National Cyber Exercise Program (referred to in this section as the Exercise Program ) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. (2) Requirements (A) In general The Exercise Program shall be— (i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; (ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; (iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and (iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations. (B) Model exercise selection The Exercise Program shall— (i) include a selection of model exercises that government and private entities can readily adapt for use; and (ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that— (I) conform to the requirements described in subparagraph (A); (II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and (III) provide for systematic evaluation of readiness. (3) Consultation In carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. (b) Definitions In this section: (1) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (2) Private entity The term private entity has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (c) Rule of construction Nothing in this section shall be construed to affect the authorities or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748 ).. (b) Title XXII technical and clerical amendments (1) Technical amendments (A) Homeland Security Act of 2002 Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (i) in section 2202(c) ( 6 U.S.C. 652(c) )— (I) in paragraph (11), by striking and after the semicolon; (II) in the first paragraph (12) (relating to appointment of a Cybersecurity State Coordinator) by striking as described in section 2215; and and inserting as described in section 2217; ; (III) by redesignating the second paragraph (12) (relating to the.gov internet domain) as paragraph (13); and (IV) by redesignating the third paragraph (12) (relating to carrying out such other duties and responsibilities) as paragraph (14); (ii) in the first section 2215 ( 6 U.S.C. 665 ; relating to the duties and authorities relating to.gov internet domain), by amending the section enumerator and heading to read as follows: 2215. Duties and authorities relating to.gov internet domain ; (iii) in the second section 2215 ( 6 U.S.C. 665b ; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows: 2216. Joint cyber planning office ; (iv) in the third section 2215 ( 6 U.S.C. 665c ; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows: 2217. Cybersecurity State Coordinator ; (v) in the fourth section 2215 ( 6 U.S.C. 665d ; relating to Sector Risk Management Agencies), by amending the section enumerator and heading to read as follows: 2218. Sector Risk Management Agencies ; (vi) in section 2216 ( 6 U.S.C. 665e ; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: 2219. Cybersecurity Advisory Committee ; (vii) in section 2217 ( 6 U.S.C. 665f ; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: 2220. Cybersecurity Education and Training Programs ; and (viii) in section 2218 ( 6 U.S.C. 665g ; relating to the State and Local Cybersecurity Grant Program), by amending the section enumerator and heading to read as follows: 2220A. State and Local Cybersecurity Grant Program . (B) Consolidated Appropriations Act, 2021 Paragraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended, in the matter preceding subparagraph (A), by inserting of 2002 after Homeland Security Act. (2) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by striking the items relating to sections 2214 through 2218 and inserting the following new items: Sec. 2214. National Asset Database. Sec. 2215. Duties and authorities relating to.gov internet domain. Sec. 2216. Joint cyber planning office. Sec. 2217. Cybersecurity State Coordinator. Sec. 2218. Sector Risk Management Agencies. Sec. 2219. Cybersecurity Advisory Committee. Sec. 2220. Cybersecurity Education and Training Programs. Sec. 2220A. State and Local Cybersecurity Grant Program. Sec. 2220B. National cyber exercise program.. 2220B. National cyber exercise program (a) Establishment of program (1) In general There is established in the Agency the National Cyber Exercise Program (referred to in this section as the Exercise Program ) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. (2) Requirements (A) In general The Exercise Program shall be— (i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; (ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; (iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and (iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations. (B) Model exercise selection The Exercise Program shall— (i) include a selection of model exercises that government and private entities can readily adapt for use; and (ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that— (I) conform to the requirements described in subparagraph (A); (II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and (III) provide for systematic evaluation of readiness. (3) Consultation In carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. (b) Definitions In this section: (1) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (2) Private entity The term private entity has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (c) Rule of construction Nothing in this section shall be construed to affect the authorities or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748 ). 2215. Duties and authorities relating to.gov internet domain 2216. Joint cyber planning office 2217. Cybersecurity State Coordinator 2218. Sector Risk Management Agencies 2219. Cybersecurity Advisory Committee 2220. Cybersecurity Education and Training Programs 2220A. State and Local Cybersecurity Grant Program 1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency (a) In general Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is further amended by adding at the end the following new section: 2220C. CyberSentry program (a) Establishment There is established in the Agency a program, to be known as CyberSentry , to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions, upon request and subject to the consent of such owner or operator. (b) Activities The Director, through CyberSentry, shall— (1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of the Director and subject to the availability of resources, own or operate regionally or nationally significant industrial control systems that support national critical functions, in order to provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems that support such systems and detection of cybersecurity risks to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement and consent of such owner or operator; (2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to advise critical infrastructure owners and operators regarding mitigation measures and share information as appropriate; (3) identify cybersecurity risks in the information technology and information systems that support industrial control systems which could be exploited by adversaries attempting to gain access to such industrial control systems, and work with owners and operators to remediate such vulnerabilities; (4) produce aggregated, anonymized analytic products, based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners and operators; and (5) support activities authorized in accordance with section 1501 of the National Defense Authorization Act for Fiscal Year 2022. (c) Privacy review Not later than 180 days after the date of enactment of this section, the Privacy Officer of the Agency under section 2202(h) shall— (1) review the policies, guidelines, and activities of CyberSentry for compliance with all applicable privacy laws, including such laws governing the acquisition, interception, retention, use, and disclosure of communities; and (2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws. (d) Report to Congress Not later than one year after the date of the enactment of this section, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section. (e) Savings Nothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code. (f) Definitions In this section: (1) Cybersecurity risk The term cybersecurity risk has the meaning given such term in section 2209(a). (2) Industrial control system The term industrial control system means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes. (3) Information system The term information system has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 6 U.S.C. 1501(9) ). (g) Termination The authority to carry out a program under this section shall terminate on the date that is seven years after the date of the enactment of this section.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by adding after the item relating to section 2220B the following new item: Sec. 2220C. CyberSentry program.. (c) Continuous monitoring and detection Section 2209(c)(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended by inserting , which may take the form of continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions after mitigation, and remediation. 2220C. CyberSentry program (a) Establishment There is established in the Agency a program, to be known as CyberSentry , to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions, upon request and subject to the consent of such owner or operator. (b) Activities The Director, through CyberSentry, shall— (1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of the Director and subject to the availability of resources, own or operate regionally or nationally significant industrial control systems that support national critical functions, in order to provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems that support such systems and detection of cybersecurity risks to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement and consent of such owner or operator; (2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to advise critical infrastructure owners and operators regarding mitigation measures and share information as appropriate; (3) identify cybersecurity risks in the information technology and information systems that support industrial control systems which could be exploited by adversaries attempting to gain access to such industrial control systems, and work with owners and operators to remediate such vulnerabilities; (4) produce aggregated, anonymized analytic products, based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners and operators; and (5) support activities authorized in accordance with section 1501 of the National Defense Authorization Act for Fiscal Year 2022. (c) Privacy review Not later than 180 days after the date of enactment of this section, the Privacy Officer of the Agency under section 2202(h) shall— (1) review the policies, guidelines, and activities of CyberSentry for compliance with all applicable privacy laws, including such laws governing the acquisition, interception, retention, use, and disclosure of communities; and (2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws. (d) Report to Congress Not later than one year after the date of the enactment of this section, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section. (e) Savings Nothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code. (f) Definitions In this section: (1) Cybersecurity risk The term cybersecurity risk has the meaning given such term in section 2209(a). (2) Industrial control system The term industrial control system means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes. (3) Information system The term information system has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 6 U.S.C. 1501(9) ). (g) Termination The authority to carry out a program under this section shall terminate on the date that is seven years after the date of the enactment of this section. 1549. Strategic assessment relating to innovation of information systems and cybersecurity threats (a) Responsibilities of director Section 2202(c)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 652 ) is amended by striking the semicolon at the end and adding the following: , including by carrying out a periodic strategic assessment of the related programs and activities of the Agency to ensure such programs and activities contemplate the innovation of information systems and changes in cybersecurity risks and cybersecurity threats; (b) Report (1) In general Not later than 240 days after the date of the enactment of this Act and not fewer than once every three years thereafter, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a strategic assessment for the purposes described in paragraph (2). (2) Purposes The purposes described in this paragraph are the following: (A) A description of the existing programs and activities administered in furtherance of section 2202(c)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 652 ). (B) An assessment of the capability of existing programs and activities administered by the Agency in furtherance of such section to monitor for, manage, mitigate, and defend against cybersecurity risks and cybersecurity threats. (C) An assessment of past or anticipated technological trends or innovation of information systems or information technology that have the potential to affect the efficacy of the programs and activities administered by the Agency in furtherance of such section. (D) A description of any changes in the practices of the Federal workforce, such as increased telework, affect the efficacy of the programs and activities administered by the Agency in furtherance of section 2202(c)(3). (E) A plan to integrate innovative security tools, technologies, protocols, activities, or programs to improve the programs and activities administered by the Agency in furtherance of such section. (F) A description of any research and development activities necessary to enhance the programs and activities administered by the Agency in furtherance of such section. (G) A description of proposed changes to existing programs and activities administered by the Agency in furtherance of such section, including corresponding milestones for implementation. (H) Information relating to any new resources or authorities necessary to improve the programs and activities administered by the Agency in furtherance of such section. (c) Definitions In this section: (1) The term Agency means the Cybersecurity and Infrastructure Security Agency. (2) The term cybersecurity purpose has the meaning given such term in section 102(4) of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501(4) ). (3) The term cybersecurity risk has the meaning given such term in section 2209(a)(2) of the Homeland Security Act of 2002 (U.S.C. 659(a)(2)). (4) The term information system has the meaning given such term in section 3502(8) of title 44, United States Code. (5) The term information technology has the meaning given such term in 3502(9) of title 44, United States Code. (6) The term telework has the meaning given the term in section 6501(3) of title 5, United States Code. 1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations (a) Pilot required Not later than one year after the date of the enactment of this Act, the Secretary, acting through the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and in coordination with the Secretary of Defense and the National Cyber Director, shall commence a pilot program to assess the feasibility and advisability of entering into public-private partnerships with internet ecosystem companies to facilitate, within the bounds of applicable provisions of law and such companies’ terms of service, policies, procedures, contracts, and other agreements, actions by such companies to discover and disrupt use by malicious cyber actors of the platforms, systems, services, and infrastructure of such companies. (b) Public-private partnerships (1) In general In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into one or more public-private partnerships with internet ecosystem companies. (2) Voluntary participation (A) In general Participation by an internet ecosystem company in a public-private partnership under the pilot program, including in any activity described in subsection (c), shall be voluntary. (B) Prohibition No funds appropriated by any Act may be used to direct, pressure, coerce, or otherwise require that any internet ecosystem company take any action on their platforms, systems, services, or infrastructure as part of the pilot program. (c) Authorized activities In carrying out the pilot program under subsection (a), the Secretary may— (1) provide assistance to a participating internet ecosystem company to develop effective know-your-customer processes and requirements; (2) provide information, analytics, and technical assistance to improve the ability of participating companies to detect and prevent illicit or suspicious procurement, payment, and account creation on their own platforms, systems, services, or infrastructure; (3) develop and socialize best practices for the collection, retention, and sharing of data by participating internet ecosystem companies to support discovery of malicious cyber activity, investigations, and attribution on the platforms, systems, services, or infrastructure of such companies; (4) provide to participating internet ecosystem companies actionable, timely, and relevant information, such as information about ongoing operations and infrastructure, threats, tactics, and procedures, and indicators of compromise, to enable such companies to detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies; (5) provide recommendations for (but not design, develop, install, operate, or maintain) operational workflows, assessment and compliance practices, and training that participating internet ecosystem companies can implement to reliably detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies; (6) provide recommendations for accelerating, to the greatest extent practicable, the automation of existing or implemented operational workflows to operate at line-rate in order to enable real-time mitigation without the need for manual review or action; (7) provide recommendations for (but not design, develop, install, operate, or maintain) technical capabilities to enable participating internet ecosystem companies to collect and analyze data on malicious activities occurring on the platforms, systems, services, or infrastructure of such companies to detect and disrupt operations of malicious cyber actors; and (8) provide recommendations regarding relevant mitigations for suspected or discovered malicious cyber activity and thresholds for action. (d) Competition concerns Consistent with section 1905 of title 18, United States Code, the Secretary shall ensure that any trade secret or proprietary information of a participating internet ecosystem company made known to the Federal Government pursuant to a public-private partnership under the pilot program remains private and protected unless explicitly authorized by such company. (e) Impartiality In carrying out the pilot program under subsection (a), the Secretary may not take any action that is intended primarily to advance the particular business interests of an internet ecosystem company but is authorized to take actions that advance the interests of the United States, notwithstanding differential impact or benefit to a given company’s or given companies’ business interests. (f) Responsibilities (1) Secretary of Homeland Security The Secretary shall exercise primary responsibility for the pilot program under subsection (a), including organizing and directing authorized activities with participating Federal Government organizations and internet ecosystem companies to achieve the objectives of the pilot program. (2) National Cyber Director The National Cyber Director shall support prioritization and cross-agency coordination for the pilot program, including ensuring appropriate participation by participating agencies and the identification and prioritization of key private sector entities and initiatives for the pilot program. (3) Secretary of Defense The Secretary of Defense shall provide support and resources to the pilot program, including the provision of technical and operational expertise drawn from appropriate and relevant officials and components of the Department of Defense, including the National Security Agency, United States Cyber Command, the Chief Information Officer, the Office of the Secretary of Defense, military department Principal Cyber Advisors, and the Defense Advanced Research Projects Agency. (g) Participation of other Federal Government components The Secretary may invite to participate in the pilot program required under subsection (a) the heads of such departments or agencies as the Secretary considers appropriate. (h) Integration with other efforts The Secretary shall ensure that the pilot program required under subsection (a) makes use of, builds upon, and, as appropriate, integrates with and does not duplicate other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following: (1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (2) The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency. (i) Rules of construction (1) Limitation on Government access to data Nothing in this section authorizes sharing of information, including information relating to customers of internet ecosystem companies or private individuals, from an internet ecosystem company to an agency, officer, or employee of the Federal Government unless otherwise authorized by another provision of law. (2) Stored Communications Act Nothing in this section may be construed to permit or require disclosure by a provider of a remote computing service or a provider of an electronic communication service to the public of information not otherwise permitted or required to be disclosed under chapter 121 of title 18, United States Code (commonly known as the Stored Communications Act ). (3) Third party customers Nothing in this section may be construed to require a third party, such as a customer or managed service provider of an internet ecosystem company, to participate in the pilot program under subsection (a). (j) Briefings (1) Initial (A) In general Not later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the pilot program required under subsection (a). (B) Elements The briefing required under subparagraph (A) shall include the following: (i) The plans of the Secretary for the implementation of the pilot program. (ii) Identification of key priorities for the pilot program. (iii) Identification of any potential challenges in standing up the pilot program or impediments, such as a lack of liability protection, to private sector participation in the pilot program. (iv) A description of the roles and responsibilities in the pilot program of each participating Federal entity. (2) Annual (A) In general Not later than two years after the date of the enactment of this Act and annually thereafter for three years, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the progress of the pilot program required under subsection (a). (B) Elements Each briefing required under subparagraph (A) shall include the following: (i) Recommendations for addressing relevant policy, budgetary, and legislative gaps to increase the effectiveness of the pilot program. (ii) Recommendations, such as providing liability protection, for increasing private sector participation in the pilot program. (iii) A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by internet ecosystem companies regarding participation in the pilot program. (iv) The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program. (v) Such other matters as the Secretary considers appropriate. (k) Termination The pilot program required under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act. (l) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives. (2) Internet ecosystem company The term internet ecosystem company means a business incorporated in the United States that provides cybersecurity services, internet service, content delivery services, Domain Name Service, cloud services, mobile telecommunications services, email and messaging services, internet browser services, or such other services as the Secretary determines appropriate for the purposes of the pilot program under subsection (a). (3) Secretary The term Secretary means the Secretary of Homeland Security. 1551. United States-Israel cybersecurity cooperation (a) Grant program (1) Establishment The Secretary, in accordance with the agreement entitled the Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters , dated May 29, 2008 (or successor agreement), and the requirements specified in paragraph (2), shall establish a grant program at the Department to support— (A) cybersecurity research and development; and (B) demonstration and commercialization of cybersecurity technology. (2) Requirements (A) Applicability Notwithstanding section 317 of the Homeland Security Act of 2002 ( 6 U.S.C. 195c ), in carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, the Secretary shall require cost sharing in accordance with this paragraph. (B) Research and development (i) In general Except as provided in clause (ii), the Secretary shall require not less than 50 percent of the cost of a research, development, demonstration, or commercial application program or activity described in subparagraph (A) to be provided by a non-Federal source. (ii) Reduction The Secretary may reduce or eliminate, on a case-by-case basis, the percentage requirement specified in clause (i) if the Secretary determines that such reduction or elimination is necessary and appropriate. (C) Merit review In carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, awards shall be made only after an impartial review of the scientific and technical merit of the proposals for such awards has been carried out by or for the Department. (D) Review processes In carrying out a review under subparagraph (C), the Secretary may use merit review processes developed under section 302(14) of the Homeland Security Act of 2002 ( 6 U.S.C. 182(14) ). (3) Eligible applicants An applicant is eligible to receive a grant under this subsection if— (A) the project of such applicant— (i) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and (ii) is a joint venture between— (I) (aa) a for-profit business entity, academic institution, National Laboratory, or nonprofit entity in the United States; and (bb) a for-profit business entity, academic institution, or nonprofit entity in Israel; or (II) (aa) the Federal Government; and (bb) the Government of Israel; and (B) neither such applicant nor the project of such applicant pose a counterintelligence threat, as determined by the Director of National Intelligence. (4) Applications To be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for such grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (5). (5) Advisory board (A) Establishment The Secretary shall establish an advisory board to— (i) monitor the method by which grants are awarded under this subsection; and (ii) provide to the Secretary periodic performance reviews of actions taken to carry out this subsection. (B) Composition The advisory board established under subparagraph (A) shall be composed of three members, to be appointed by the Secretary, of whom— (i) one shall be a representative of the Federal Government; (ii) one shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and (iii) one shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation. (6) Contributed funds Notwithstanding section 3302 of title 31, United States Code, the Secretary may, only to the extent provided in advance in appropriations Acts, accept or retain funds contributed by any person, government entity, or organization for purposes of carrying out this subsection. Such funds shall be available, subject to appropriation, without fiscal year limitation. (7) Reports (A) Grant recipients Not later than 180 days after the date of completion of a project for which a grant is provided under this subsection, the grant recipient shall submit to the Secretary a report that contains— (i) a description of how the grant funds were used by the recipient; and (ii) an evaluation of the level of success of each project funded by the grant. (B) Secretary Not later than one year after the date of the enactment of this Act and annually thereafter until the grant program established under this subsection terminates, the Secretary shall submit to the Committees on Homeland Security and Governmental Affairs and Foreign Relations of the Senate and the Committees on Homeland Security and Foreign Affairs of the House of Representatives a report on grants awarded and projects completed under such program. (8) Classification Grants shall be awarded under this subsection only for projects that are considered to be unclassified by both the United States and Israel. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section not less than $6,000,000 for each of fiscal years 2022 through 2026. (c) Definitions In this section— (1) the term cybersecurity research means research, including social science research, into ways to identify, protect against, detect, respond to, and recover from cybersecurity threats; (2) the term cybersecurity technology means technology intended to identify, protect against, detect, respond to, and recover from cybersecurity threats; (3) the term cybersecurity threat has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ; enacted as title I of the Cybersecurity Act of 2015 (division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ))); (4) the term Department means the Department of Homeland Security; (5) the term National Laboratory has the meaning given such term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ); and (6) the term Secretary means the Secretary of Homeland Security. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis Section 1752(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and indenting such subparagraphs two ems to the right; (2) in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking The Director may and inserting the following: (1) In general The Director may ; (3) in paragraph (1)— (A) as redesignated by paragraph (2), by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph: (C) accept officers or employees of the United States or members of the Armed Forces on a detail from an element of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )) or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years; ; and (4) by adding at the end the following new paragraph: (2) Rules of construction regarding details Nothing in paragraph (1)(C) may be construed as imposing any limitation on any other authority for reimbursable or nonreimbursable details. A nonreimbursable detail made pursuant to such paragraph shall not be considered an augmentation of the appropriations of the receiving element of the Office of the National Cyber Director.. 1601. National security space launch program (a) Disclosure of National Security Space Launch program contract pricing terms (1) In general Chapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section 2277: 2277. Disclosure of National Security Space Launch program contract pricing terms (a) In general With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (b) Competitively sensitive trade secret data The congressional defense committees and the congressional intelligence committees shall— (1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and (2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. (c) Rule of construction For purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law.. (2) Conforming amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2276 the following new item: 2277. Disclosure of National Security Space Launch program contract pricing terms.. (b) Policy With respect to entering into contracts for launch services during the period beginning on the date of the enactment of this Act and ending September 30, 2024, it shall be the policy of the Department of Defense and the National Reconnaissance Office to— (1) use the National Security Space Launch program to the extent practical to procure launch services only from launch service providers that can meet Federal requirements with respect to delivering required payloads to reference orbits covered under the requirements of phase two; and (2) maximize continuous competition for launch services as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing and emerging national security requirements. (c) Notification If the Secretary of Defense or the Director of the National Reconnaissance Office determines that a program requiring launch services that could be met using phase two contracts will instead use an alternative launch procurement approach, not later than seven days after the date of such determination, the Secretary of Defense or, as appropriate, the Director of National Intelligence, shall submit to the appropriate congressional committees— (1) a notification of such determination; (2) a certification that the alternative launch procurement approach is in the national security interest of the United States; and (3) an outline of the cost analysis and any other rationale for such determination. (d) Report (1) Requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chief of Space Operations and the Director of the Space Development Agency, and in consultation with the Director of National Intelligence (including with respect to the views of the Director of the National Reconnaissance Office), shall submit to the appropriate congressional committees a report on the emerging launch requirements in the areas of space access, mobility, and logistics that will not be met by phase two capabilities. (2) Elements The report under paragraph (1) shall include the following: (A) An examination of potential benefits of competing one or more launches that are outside of phase two capabilities, focused on accelerating the rapid development and on-orbit deployment of enabling and transformational technologies required to address any emerging requirements, including with respect to— (i) delivery of in-space transportation, logistics, and on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security space missions in a contested space environment; (ii) routine access to extended orbits beyond geostationary orbits, including cislunar orbits; (iii) greater cislunar awareness capabilities; (iv) vertical integration and standardized payload mating; (v) increased responsiveness for heavy lift capability; (vi) the ability to transfer orbits, including point-to-point orbital transfers; (vii) capacity and capability to execute secondary deployments; (viii) high-performance upper stages; and (ix) other new missions that are outside the parameters of the nine design reference missions that exist as of the date of the enactment of this Act. (B) A description of how competing space access, mobility, and logistics launches could aid in establishing a new acquisition framework to— (i) promote the potential for additional open and sustainable competition for phase three; and (ii) re-examine the balance of mission assurance versus risk tolerance to reflect new resilient spacecraft architectures and reduce workload on the Federal Government and industry to perform mission assurance where appropriate. (C) An analysis of how the matters under subparagraphs (A) and (B) may help continue to reduce the cost per launch of national security payloads. (D) An examination of the effects to the National Security Space Launch program if contracted launch providers cannot meet all phase two requirements, including with respect to— (i) the effects to national security launch resiliency; and (ii) the cost effects of a launch market that lacks full competition. (3) Form The report under paragraph (1) shall be submitted in unclassified form, but may include a classified appendix. (4) Briefing Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the report under paragraph (1). (e) Definitions In this section: (1) The term appropriate congressional committees means— (A) the congressional defense committees; and (B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term phase three means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024. (3) The term phase two means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024. 2277. Disclosure of National Security Space Launch program contract pricing terms (a) In general With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (b) Competitively sensitive trade secret data The congressional defense committees and the congressional intelligence committees shall— (1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and (2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. (c) Rule of construction For purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law. 1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration (a) Modifications to space force acquisition council (1) Designation Section 9021 of title 10, United States Code, is amended— (A) in the section heading, by striking Force ; (B) in subsection (a), by striking Space Force Acquisition Council and inserting Space Acquisition Council ; and (C) in subsection (c), by striking of the Air Force for space systems and programs and inserting space systems and programs of the armed forces. (2) Conforming amendment Section 9016(b)(6)(B)(ii) of title 10, United States Code, is amended by striking Space Force Acquisition Council and inserting Space Acquisition Council. (3) Clerical amendment The table of sections for chapter 903 of title 10, United States Code, is amended by striking the item relating to section 9021 and inserting the following new item: 9021. Space Acquisition Council.. (4) References Any reference to the Space Force Acquisition Council in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Space Acquisition Council. (b) Modifications relating to the assistant secretary of the air force for space acquisition and integration (1) Space force acquisition council review and certification of determinations of the assistant secretary of the air force for space acquisition and integration Section 9021(c) of title 10, United States Code, as amended by subsection (a), is further amended— (A) by striking The Council and inserting (1) The Council ; and (B) by adding at the end the following new paragraph: (2) (A) The Council shall promptly— (i) review any determination made by the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to architecture for the space systems and programs of the armed forces under section 9016(b)(6)(B)(i) of this title, including the requirements for operating such space systems or programs; and (ii) either— (I) if the Council finds such a determination to be warranted, certify the determination; or (II) if the Council finds such a determination not to be warranted, decline to certify the determination. (B) Not later than 10 business days after the date on which the Council makes a finding with respect to a certification under subparagraph (A), the Council shall submit to the congressional defense committees a notification of the finding, including a detailed justification for the finding. (C) Except as provided in subparagraph (D), the Assistant Secretary of the Air Force for Space Acquisition and Integration may not take any action to implement a determination referred to in subparagraph (A)(i) until 30 days has elapsed following the date on which the Council submits the notification under subparagraph (B). (D) (i) The Secretary of Defense may waive subparagraph (C) in the event of an urgent national security requirement. (ii) The Secretary of Defense shall submit to the congressional defense committees a notification of any waiver granted under clause (i), including a justification for the waiver.. (2) Department of Defense space systems and programs Clause (i) of section 9016(b)(6)(B) of title 10, United States Code, is amended to read as follows: (i) Be responsible for and oversee all architecture and integration with respect to the acquisition of the space systems and programs of the armed forces, including in support of the Chief of Space Operations under section 9082 of this title.. (3) Transfer of acquisition projects for space systems and programs Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1566; 10 U.S.C. 9016 note) is amended by striking of the Air Force and inserting of the Armed Forces. (4) Designation of force design architect for Department of Defense space systems Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall— (A) designate the Chief of Space Operations the force design architect for space systems of the Armed Forces; and (B) submit to the congressional defense committees a certification of such designation. 1603. Delegation of Authorities to Space Development Agency Section 9086 of title 10, United States Code, as redesignated by section 1081, is amended by adding at the end the following new subsection: (d) Delegation of authorities (1) With respect to tranche 0 capabilities and tranche 1 capabilities, to the extent practicable, the Secretary of the Air Force, acting through the Service Acquisition Executive for Space Systems and Programs, shall ensure the delegation to the Agency of— (A) head of contracting authority; and (B) milestone decision authority for the middle tier of acquisition programs. (2) (A) The Service Acquisition Executive for Space Systems and Programs may rescind the delegation of authority under paragraph (1) for cause or on a case-by-case basis. (B) Not later than 30 days after the date of a rescission under subparagraph (A), the Secretary of the Air Force shall notify the congressional defense committees of such rescission. (3) In this subsection: (A) The term tranche 0 capabilities means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2022. (B) The term tranche 1 capabilities means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2024.. 1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise Section 2279b of title 10, United States Code, is amended— (1) in subsection (d)(2)— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following new subparagraph (D): (D) Alternative methods to perform position navigation and timing. ; and (2) in subsection (h), by striking National Defense Authorization Act for Fiscal Year 2016 and inserting National Defense Authorization Act for Fiscal Year 2022. 1605. Improvements to tactically responsive space launch program Section 1609 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4048) is amended— (1) by striking The Secretary and inserting (a) Program.— The Secretary ; and (2) by adding at the end the following new subsection: (b) Support (1) Elements The Secretary of Defense, in consultation with the Director of National Intelligence, shall support the tactically responsive launch program under subsection (a) during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 to ensure that the program addresses the following: (A) The ability to rapidly place on-orbit systems to respond to urgent needs of the commanders of the combatant commands or to reconstitute space assets and capabilities to support national security priorities if such assets and capabilities are degraded, attacked, or otherwise impaired, including such assets and capabilities relating to protected communications and intelligence, surveillance, and reconnaissance. (B) The entire launch process, including with respect to launch services, satellite bus and payload availability, and operations and sustainment on-orbit. (2) Plan As a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to Congress a plan for the tactically responsive launch program to address the elements under paragraph (1). Such plan shall include the following: (A) Lessons learned from the Space Safari tactically responsive launch-2 mission of the Space Systems Command of the Space Force, and how to incorporate such lessons into future efforts regarding tactically responsive launches. (B) How to achieve responsive acquisition timelines within the adaptive acquisition framework for space acquisition pursuant to section 807. (C) Plans to address supply chain issues and leverage commercial capabilities to support future reconstitution and urgent space requirements leveraging the tactically responsive launch program under subsection (a).. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing Section 1612(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 441 note) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): (4) The term domestic includes, with respect to commercial capabilities or services covered by this section, capabilities or services provided by companies that operate in the United States and have active mitigation agreements pursuant to the National Industrial Security Program, unless the Director of the National Reconnaissance Office or the Director of the National Geospatial-Intelligence Agency submits to the appropriate congressional committees a written determination that excluding such companies is warranted on the basis of national security or strategic policy needs.. 1607. Programs of record of Space Force and commercial capabilities (a) Service Acquisition Executive for Space Systems and Programs Section 957(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 9016 note) is amended by adding at the end the following new paragraph: (5) Programs of record and commercial capabilities Prior to establishing a program of record, the Service Acquisition Executive for Space Systems and Programs shall determine whether existing or planned commercially available capabilities could meet all or a portion of the requirements for that proposed program. Not later than 30 days after the date on which the Service Acquisition Executive makes such a positive determination, the Service Acquisition Executive shall submit to the congressional defense committees a notification of the results of the determination.. (b) Limitation (1) In general Except as provided by paragraph (2), the Secretary of Defense may not rely solely on the use of commercial satellite services and associated systems to carry out operational requirements, including command and control requirements, targeting requirements, or other requirements that are necessary to execute strategic and tactical operations. (2) Mitigation measures The Secretary may rely solely on the use of commercial satellite services and associated systems to carry out an operational requirement described in paragraph (1) if the Secretary has taken measures to mitigate the vulnerability of any such requirement. (c) Briefings (1) Requirement Not less frequently than quarterly through fiscal year 2025, the Secretary shall provide to the congressional defense committees a briefing on the use and extent of the reliance of the Department of Defense on commercial satellite services and associated systems to provide capability and additional capacity across the Department. (2) Elements Each briefing under paragraph (1) shall include the following for the preceding quarter: (A) A summary of commercial data and services used to fulfill requirements of the Department or to augment the systems and capabilities of the Department. (B) An assessment of any reliance on, and the resulting vulnerabilities of, such data and services. (C) An analysis of potential measures to mitigate such vulnerabilities. (D) A description of mitigation measures taken by the Secretary under subsection (b)(2). (d) Study The Secretary of the Air Force shall seek to enter into an agreement with a federally funded research and development center that is not closely affiliated with the Air Force or the Space Force to conduct a study on— (1) the extent of commercial support of, and integration into, the space operations of the Armed Forces; and (2) measures to ensure that such operations, particularly operations that are mission critical, continue to be carried out in the most effective manner possible during a time of conflict. 1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force Section 1666 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 113 Stat. 2617), as amended by section 1604 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) in the section heading, by striking the Air Force and inserting the Department of the Air Force ; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking each year thereafter through 2020 and inserting each year thereafter through 2026 ; and (ii) by inserting , in consultation with the Commander of the United States Strategic Command and the Commander of the United States Northern Command, after the Commander of the United States Space Command ; (B) in paragraph (1)— (i) by striking the Air Force is and inserting the Department of the Air Force is ; and (ii) by inserting and the Space Force after to the Air Force ; and (C) in paragraph (2), by striking the Air Force and inserting the Department of the Air Force ; and (3) in subsection (b)— (A) by inserting of the United States Space Command after Commander ; (B) by striking system of the Air Force and inserting system of the Department of the Air Force ; (C) by striking command of the Air Force and inserting command of the Department of the Air Force ; and (D) by striking aspects of the Air Force and inserting aspects of the Department of the Air Force. 1609. Classification review of programs of the Space Force (a) Classification review The Secretary of Defense shall— (1) not later than 120 days after the date of the enactment of this Act, conduct a review of each classified program managed under the authority of the Space Force to determine whether— (A) the level of classification of the program could be changed to a lower level; or (B) the program could be declassified; and (2) not later than 90 days after the date on which the Secretary completes such review, commence the change to the classification level or the declassification as determined in such review. (b) Coordination The Secretary shall carry out the review under subsection (a)(1) in coordination with the Assistant Secretary of Defense for Space Policy and, as the Secretary determines appropriate, the heads of other elements of the Department of Defense. (c) Report Not later than 60 days after the date on which the Secretary completes the review under subsection (a)(1), the Secretary, in coordination with the Assistant Secretary of Defense for Space Policy, shall submit to the congressional defense committees a report identifying each program managed under the authority of the Space Force covered by a determination regarding changing the classification level of the program or declassifying the program, including— (1) the timeline for implementing such change or declassification; and (2) any risks that exist in implementing such change or declassification. 1610. Report on Range of the Future initiative of the Space Force Not later than 90 days after the date of the enactment of this Act, the Chief of Space Operations shall submit to the congressional defense committees a report containing the following: (1) A detailed plan to carry out the Space Force Range of the Future initiative, including the estimated funding required to implement the plan. (2) Identification of any specific authorities the Chief determines need to be modified by law to improve the ability of the Space Force to address long-term challenges to the physical infrastructure at the launch ranges of the Space Force, and an explanation for why such modified authorities are needed. (3) Any additional proposals that would support improved infrastructure at the launch ranges of the Space Force, including recommendations for legislative action to carry out such proposals. 1611. Space policy review (a) In general The Secretary of Defense, in consultation with the Director of National Intelligence, shall carry out a review of the space policy of the Department of Defense. (b) Elements The review under subsection (a) shall include the following: (1) With respect to the five-year period following the date of the review, an assessment of the threat to the space operations of the United States and the allies of the United States. (2) An assessment of the national security objectives of the Department relating to space. (3) An evaluation of the policy changes and funding necessary to accomplish such objectives during such five-year period. (4) An assessment of the policy of the Department with respect to deterring, responding to, and countering threats to the space operations of the United States and the allies of the United States. (5) An analysis of such policy with respect to normative behaviors in space, including the commercial use of space. (6) An analysis of the extent to which such policy is coordinated with other ongoing policy reviews, including reviews regarding nuclear, missile defense, and cyber operations. (7) A description of the organization and space doctrine of the Department to carry out the space policy of the Department. (8) An assessment of the space systems and architectures to implement such space policy. (9) Any other matters the Secretary considers appropriate. (c) Report (1) Requirement Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall submit to the appropriate congressional committees a report on the results of the review under subsection (a). (2) Annual updates Concurrent with the submission to Congress of the budget of the President for each of fiscal years 2024 through 2026 pursuant to section 1105(a) of title 31, United States Code, and more frequently during such period as the Secretary determines appropriate, the Secretary, in consultation with the Director, shall submit to the appropriate congressional committees a report describing any update to the assessments, analyses, and evaluations carried out pursuant to such review. (3) Form Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives. (3) The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate. 1612. Annual briefing on threats to space operations (a) Requirement Not later than February 28 each year through 2026, the Chief of Space Operations, in consultation with the Commander of the United States Space Command and the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the threats to the space operations of the United States posed by Russia, China, and any other country relevant to the conduct of such operations. (b) Elements Each briefing under subsection (a) shall include the following: (1) A review of the current posture of threats described in such subsection and anticipated advances in such threats over the subsequent five-year period. (2) A description of potential measures to counter such threats. (c) Distribution of briefing On or about the same day as the Chief of Space Operations provides to the appropriate congressional committees a briefing under subsection (a), the Chief shall also provide to the National Space Council, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration the briefing at the highest level of classification possible. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committees on Armed Services, Energy and Commerce, Transportation and Infrastructure, and Science, Space, and Technology, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate. 1613. National Security Council briefing on potential harmful interference to Global Positioning System (a) Requirement Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the National Security Council, the Secretary of Commerce, and the Commissioners of the Federal Communications Commission a briefing at the highest level of classification on the current assessment of the Department of Defense, as of the date of the briefing, regarding the potential for harmful interference to the Global Positioning System, mobile satellite services, or other tactical or strategic systems of the Department of Defense, from commercial terrestrial operations and mobile satellite services using the 1525–1559 megahertz band and the 1626.5–1660.5 megahertz band. (b) Matters included The briefing under subsection (a) shall include— (1) potential operational impacts that have been studied within the megahertz bands specified in such subsection; and (2) impacts that could be mitigated, if any, including how such mitigations could be implemented. (c) Congressional briefing Not later than seven days after the date on which the Secretary provides the briefing under subsection (a), the Secretary shall provide to the appropriate congressional committees such briefing. (d) Independent technical review The Secretary shall carry out subsections (a) and (c) regardless of whether the independent technical review conducted pursuant to section 1663 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) has been completed. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the congressional defense committees; and (2) the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 1614. Non-geostationary orbit satellite constellations (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the heads of the Defense Agencies, shall submit to the congressional defense committees a report on current commercial satellite communication initiatives, including with respect to new non-geostationary orbit satellite technologies that the Department of Defense has employed to increase satellite communication throughput to existing platforms of the military departments currently constrained by legacy capabilities. (b) Matters included The report under subsection (a) shall include the following: (1) A potential investment strategy concerning how to operationalize commercial satellite communication capabilities using non-geostationary orbit satellites across each of the military departments, including— (A) requisite funding required to adequately prioritize and accelerate the integration of such capabilities into the warfighting systems of the departments; and (B) future-year spending projections for such efforts that align with other satellite communication investments of the Department of Defense. (2) An integrated satellite communications reference architecture roadmap for the Department of Defense to achieve a resilient, secure network for operationalizing commercial satellite communication capabilities, including through the use of non-geostationary orbit satellites, across the Department that is capable of leveraging multi-band and multi-orbit architectures, including requirements that enable maximum use of commercially available technologies. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the implementation of the program required under section 1607 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1724), including with respect to addressing each element specified in subsection (b) of such section. 1621. Notification of certain threats to United States Armed Forces by foreign governments (a) Determination that foreign government intends to cause the death of or serious bodily injury to members of the Armed Forces The Secretary of Defense shall carry out the notification requirement under subsection (b) whenever the Secretary, in consultation with the Director of National Intelligence, determines with high confidence that, on or after the date of the enactment of this Act, an official of a foreign government has taken a substantial step that is intended to cause the death of, or serious bodily injury to, any member of the United States Armed Forces, whether through direct means or indirect means, including through a promise or agreement by the foreign government to pay anything of pecuniary value to an individual or organization in exchange for causing such death or serious bodily injury. (b) Notice to Congress (1) Notification Except as provided by paragraph (2), not later than 14 days after making a determination under subsection (a), the Secretary shall notify the congressional defense committees of such determination. Such notification shall include, at a minimum, the following: (A) A description of the nature and extent of the effort by the foreign government to target members of the United States Armed Forces. (B) An assessment of what specific officials, agents, entities, and departments within the foreign government authorized the effort. (C) An assessment of the motivations of the foreign government for undertaking such an effort. (D) An assessment of whether the effort of the foreign government was a substantial factor in the death or serious bodily injury of any member of the United States Armed Forces. (E) Any other information the Secretary determines appropriate. (2) Waiver On a case-by-case basis, the Secretary may waive the notification requirement under paragraph (1) if the Secretary— (A) determines that the waiver is in the national security interests of the United States; and (B) submits to the congressional defense committees a written justification of such determination. (c) Definitions In this section: (1) The term anything of pecuniary value has the meaning given that term in section 1958(b)(1) of title 18, United States Code. (2) The term determines with high confidence — (A) means that the official making the determination— (i) has concluded that the judgments in the determination are based on sound analytic argumentation and high-quality, consistent reporting from multiple sources, including through clandestinely obtained documents, clandestine and open source reporting, and in-depth expertise; (ii) with respect to such judgments, has concluded that the intelligence community has few intelligence gaps and few assumptions underlying the analytic line and that the intelligence community has concluded that the potential for deception is low; and (iii) has examined long-standing analytic judgments and considered alternatives in making the determination; but (B) does not mean that the official making the determination has concluded that the judgments in the determination are fact or certainty. (3) The term direct means means without the use of intermediaries. (4) The term foreign government means the government of a foreign country with which the United States is at peace. (5) The term indirect means means through, or with the assistance of, intermediaries. 1622. Strategy and plan to implement certain defense intelligence reforms (a) Strategy and plan The Secretary of Defense, in coordination with the Director of National Intelligence, shall develop and implement a strategy and plan to enable the Defense Intelligence Enterprise to more effectively fulfill the intelligence and information requirements of the commanders of the combatant commands with respect to efforts by the combatant commands to expose and counter foreign malign influence, coercion, and subversion activities undertaken by, or at the direction, on behalf, or with substantial support of the governments of, covered foreign countries. (b) Matters included in plan The plan under subsection (a) shall include the following: (1) A plan to improve policies and procedures of the Defense Intelligence Enterprise to assemble and release facts about the foreign malign influence, coercion, and subversion activities of a covered foreign country described in such subsection in a timely way and in forms that allow for greater distribution and release. (2) A plan to develop and publish validated priority intelligence requirements of the commanders of the combatant commands. (3) A plan to better leverage open-source and commercially available information and independent analyses to support the efforts by the combatant commands described in such subsection. (4) A review by each element of the Defense Intelligence Enterprise of the approaches used by that element— (A) with respect to intelligence that has not been processed or analyzed, to separate out data from the sources and methods by which the data is obtained (commonly known as tearlining ); and (B) with respect to finished intelligence products that relate to foreign malign influence, coercion, and subversion activities of a covered foreign country described in such subsection, to downgrade the classification level of the product. (6) An identification of any additional resources or legislative authority necessary to better meet the intelligence and information requirements described in such subsection. (7) An assignment of responsibilities and timelines for the implementation of the plans described in paragraphs (1), (2), and (3). (8) Any other matters the Secretary determines relevant. (c) Submission Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the appropriate congressional committees and the Comptroller General of the United States the plan developed under subsection (a). (d) Comptroller general review (1) Requirement The Comptroller General shall conduct a review of— (A) the plan submitted under subsection (c); and (B) the activities and future plans of the Defense Intelligence Enterprise for meeting the intelligence and information requirements described in subsection (a). (2) Elements The review under paragraph (1) shall include the following: (A) The extent to which the plan submitted under subsection (c) includes the elements identified in subsection (b). (B) The extent to which the Defense Intelligence Enterprise has clearly assigned roles, responsibilities, and processes for fulfilling the intelligence and information requirements described in subsection (a). (C) The extent to which the Defense Intelligence Enterprise is planning to obtain additional capabilities and resources to improve the quality and timeliness of intelligence and information provided to the commanders of the combatant commands to aid in the efforts described in subsection (a). (D) The extent to which the Defense Intelligence Enterprise is identifying, obtaining, and using commercial and publicly available information to aid in such efforts. (E) Any other related issues that the Comptroller General determines appropriate. (3) Briefing and report Not later than 120 days after the date on which the Comptroller General receives the plan under subsection (c), the Comptroller General shall provide to the appropriate congressional committees a briefing on any initial findings about the plan. After such briefing, the Comptroller General shall submit to the committees a report on the plan at a date mutually agreed upon by the Comptroller General and the committees. (e) Congressional briefing Not later than 90 days after the date of the enactment of this Act, and annually thereafter through December 31, 2026, the Secretary, in coordination with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the strategy and plan under subsection (a). (f) Definitions In this section: (1) The term appropriate congressional committees means the following: (A) The congressional defense committees. (B) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term covered foreign country means any of the following: (A) The People’s Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People’s Republic of Korea. (E) Any other foreign country the Secretary of Defense and the Director of National Intelligence determine appropriate. (3) The term Defense Intelligence Enterprise has the meaning given that term in section 426(b)(4) of title 10, United States Code. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense (a) Requirement Not later than March 31, 2022, and annually thereafter through 2026, the Director of the Defense Intelligence Agency shall provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the electronic warfare threat to operations of the Department of Defense by Russia, China, and other countries relevant to the conduct of such operations. (b) Contents Each briefing provided under subsection (a) shall include a review of the following: (1) Current electronic warfare capabilities of the armed forces of Russia, the armed forces of China, and the armed forces of such other countries as the Director considers appropriate. (2) With respect to the five-year period beginning after the date of the briefing, an estimate of— (A) advances in electronic warfare threats to the operations of the Department from the countries referred to in paragraph (1); and (B) the order of battle for Russia, China, and each other country the Secretary considers appropriate. 1624. Report on explosive ordnance intelligence matters Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of— (1) designating the Director of the Defense Intelligence Agency as the executive agent for explosive ordnance intelligence; and (2) including in the responsibilities of the Director of the Defense Intelligence Agency pursuant to section 105 of the National Security Act of 1947 ( 50 U.S.C. 3038 ) explosive ordnance intelligence, including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies. 1631. Participation in United States Strategic Command strategic deterrence exercises Chapter 24 of title 10, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly): 499b. Participation in United States Strategic Command strategic deterrence exercises (a) Participation In the case of annual strategic deterrence exercises held by the United States Strategic Command during fiscal years 2022 through 2032— (1) the Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an even-numbered year; (2) the Deputy Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year; (3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise; (4) the Vice Chairman of the Joint Chiefs of Staff shall participate, in whole or in part, in each such exercise; (5) appropriate senior staff of the Executive Office of the President or appropriate organizations supporting the White House relating to continuity of government activities are encouraged to participate in each such exercise; (6) appropriate general or flag officers of the military departments, and appropriate employees of Federal agencies in Senior Executive Service positions (as defined in section 3132 of title 5), shall participate, in whole or in part, in each such exercise, to provide relevant expertise to the Assistant to the President for National Security Affairs and the Deputy Assistant to the President for National Security Affairs; and (7) in the case of such an exercise for which a unified combatant command has a geographic area of responsibility relevant to the scenario planned to be used for the exercise, not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise: (A) The Commander. (B) The Deputy Commander. (C) The Director of the Joint Staff for Operations. (D) The Director of the Joint Staff for Strategic Plans and Policy. (b) Briefing Not fewer than once every four years (or more frequently if appropriate) during the period specified in subsection (a), the President shall be provided a briefing on the annual strategic deterrence exercise held by the United States Strategic Command during the year in which the briefing is provided, including the principal findings resulting from the exercise. (c) Reports (1) Not later than 30 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, shall include the following: (A) A description of the purpose and scope of the exercise. (B) An identification of the principal personnel participating in the exercise. (C) A statement of the principal findings resulting from the exercise that specifically relate to the nuclear command, control, and communications or senior leader decision-making process and a description of any deficiencies in that process identified a result of the exercise. (D) Whether the President was briefed on the exercise and the principal findings resulting from the exercise. (2) Not later than 60 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Secretary shall submit to the congressional defense committees— (A) an unedited copy of the report of the Commander submitted under paragraph (1); and (B) any additional recommendations or other matters the Secretary considers appropriate.. 499b. Participation in United States Strategic Command strategic deterrence exercises 1632. Modification to requirements relating to nuclear force reductions Section 494(c) of title 10, United States Code, is amended— (1) by striking December 31, 2011 each place it appears and inserting December 31, 2021 ; and (2) in paragraph (3), by striking December 31, 2017 and inserting February 1, 2025. 1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States Section 498 of title 10, United States Code, is amended— (1) by striking subsection (a) and inserting the following new subsection (a): (a) In general Other than pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution of the United States, if the President has under consideration to unilaterally change the size of the total stockpile of nuclear weapons of the United States, or the total number of deployed nuclear weapons (as defined under the New START Treaty), by more than 20 percent, prior to doing so the President shall initiate a Nuclear Posture Review. ; (2) in subsection (c), by striking in the nuclear weapons stockpile by more than 25 percent and inserting described in subsection (a) ; (3) in subsection (d), by striking treaty obligations and inserting obligations pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution ; and (4) by adding at the end the following: (f) New START Treaty defined In this section, the term New START Treaty means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems Section 493 of title 10, United States Code, is amended in the first sentence by inserting after report on the modification the following: not less than 180 days before the intended effective date of the modification. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe Section 497(b) of title 10, United States Code, is amended by striking 60 days and inserting 120 days. 1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device (a) In general The Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the ground-based strategic deterrent program. (b) Availability of funds Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2022 by section 101 and available for missile procurement, Air Force, as specified in the corresponding funding table in section 4101, $10,900,000 shall be available for the procurement of covered parts pursuant to contracts entered into under subsection (a). (c) Covered parts defined In this section, the term covered parts means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon The Secretary of the Air Force shall ensure that the B–21 bomber aircraft is capable of employing the long-range standoff weapon. 1638. Mission-design series popular name for ground-based strategic deterrent (a) Requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall establish a mission-design series popular name for the ground-based strategic deterrent, consistent with the procedures set forth in Department of Defense Directive 4120.15 (relating to designating and naming military aerospace vehicles). (b) Notification Not later than 10 days after completing the requirement under subsection (a), the Secretary of the Air Force shall notify the congressional defense committees of the completion of the requirement. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States (a) Prohibition Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following: (1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States. (2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400. (b) Exception The prohibition in subsection (a) shall not apply to any of the following activities: (1) The maintenance or sustainment of intercontinental ballistic missiles. (2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of the Navy, not more than 75 percent may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees all written communications from or to personnel of the Department of the Navy regarding the proposed budget amount or limitation for the nuclear-armed sea-launched cruise missile contained in the defense budget materials (as defined by section 231(f) of title 10, United States Code) relating to the Navy for fiscal year 2023. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of Defense (other than travel by the Secretary of Defense or the Deputy Secretary of Defense), not more than 75 percent may be obligated or expended until the Secretary— (1) submits to the congressional defense committees the analysis of alternatives for the nuclear-armed sea-launched cruise missile; and (2) provides to such committees a briefing on such analysis of alternatives. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles Not later than March 1, 2022, and annually thereafter until the date on which the ground-based strategic deterrent weapon achieves initial operating capability, the Chairman of the Joint Chiefs of Staff shall certify to the congressional defense committees whether the state of the readiness of Minuteman III intercontinental ballistic missiles requires placing heavy bombers equipped with nuclear gravity bombs or air-launched nuclear cruise missiles, and associated refueling tanker aircraft, on alert status. 1643. Revised nuclear posture review (a) Requirement for comprehensive review In order to clarify the nuclear deterrence policy and strategy of the United States for the near term, the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Vice Chairman of the Joint Chiefs of Staff, shall conduct a comprehensive review of the nuclear posture of the United States for the five- and 10-year periods following the date of the review. The Secretary shall conduct the review in consultation with the Secretary of Energy, the Secretary of State, and the Director of National Intelligence. (b) Elements of review The nuclear posture review under subsection (a) shall include the following elements: (1) An assessment of the current and projected nuclear capabilities of Russia and China, and such other potential threats as the Secretary considers appropriate. (2) The role of nuclear forces in military strategy, planning, and programming of the United States. (3) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture. (4) The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives. (5) The role that missile defenses, conventional strike forces, and other capabilities play in determining the role and size of nuclear forces. (6) The levels and composition of the nuclear delivery systems that will be required for implementing the national and military strategy of the United States, including ongoing plans for replacing existing systems. (7) The nuclear weapons complex that will be required for implementing such national and military strategy, including ongoing plans to modernize the complex. (8) The active and inactive nuclear weapons stockpile that will be required for implementing the such national and military strategy, including ongoing plans for replacing or modifying warheads. (c) Report Concurrent with the national defense strategy required to be submitted under section 113(g) of title 10, United States Code, in 2022, the Secretary shall submit to the congressional defense committees a report on the results of the nuclear posture review conducted under subsection (a). The report shall be submitted in unclassified and classified forms as necessary. 1644. Review of safety, security, and reliability of nuclear weapons and related systems (a) Findings Congress finds the following: (1) On December 20, 1990, Secretary of Defense Cheney chartered a five-person independent committee known as the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction to assess the capability of the nuclear weapon command and control system to meet the dual requirements of assurance against unauthorized use of nuclear weapons and assurance of timely, reliable execution when authorized, and to identify opportunities for positive measures to enhance failsafe features. (2) The Federal Advisory Committee, chaired by Ambassador Jeane J. Kirkpatrick, recommended changes in the nuclear enterprise, as well as policy proposals to reduce the risks posed by unauthorized launches and miscalculation. (3) The Federal Advisory Committee found, unambiguously, that failsafe and oversight enhancements are possible. (4) Since 1990, new threats to the nuclear enterprise have arisen in the cyber, space, and information warfare domains. (5) Ensuring the continued assurance of the nuclear command, control, and communications infrastructure is essential to the national security of the United States. (b) Review The Secretary of Defense shall provide for the conduct of an independent review of the safety, security, and reliability of covered nuclear systems. The Secretary shall ensure that such review is conducted in a manner similar to the review conducted by the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction. (c) Matters included The review conducted pursuant to subsection (b) shall include the following: (1) Plans for modernizing the covered nuclear systems, including options and recommendations for technical, procedural, and policy measures that could strengthen safeguards, improve the security and reliability of digital technologies, and prevent cyber-related and other risks that could lead to the unauthorized or inadvertent use of nuclear weapons as the result of an accident, misinterpretation, miscalculation, terrorism, unexpected technological breakthrough, or deliberate act. (2) Options and recommendations for nuclear risk reduction measures, focusing on confidence building and predictability, that the United States could carry out alone or with near-peer adversaries to strengthen safeguards against the unauthorized or inadvertent use of a nuclear weapon and to reduce nuclear risks. (d) Submission Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the review conducted pursuant to subsection (b). (e) Previous review Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the final report of the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction. (f) Covered nuclear systems defined In this section, the term covered nuclear systems means the following systems of the United States: (1) The nuclear weapons systems. (2) The nuclear command, control, and communications system. (3) The integrated tactical warning/attack assessment system. 1645. Long-range standoff weapon (a) Requirement In addition to the requirements under section 2366c of title 10, United States Code, prior to awarding a procurement contract for the long-range standoff weapon, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees each of the following: (1) A certification that the future-years defense program submitted to Congress under section 221 of title 10, United States Code, includes, or will include, estimated funding for the program in the amounts specified in the independent estimated cost submitted to the congressional defense committees under subsection (a)(2) of such section 2366c. (2) A copy of the justification and approval documentation regarding the determination by the Secretary to award a sole-source contract for the program, including with respect to how the Secretary will manage the cost of the program in the absence of competition. (b) Briefing Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the execution of the engineering and manufacturing development contract for the long-range standoff weapon, including with respect to— (1) how the timely development of the long-range standoff weapon may serve as a hedge to delays in other nuclear modernization efforts; (2) the effects of potential delays in the W80–4 warhead program on the ability of the long-range standoff weapon to achieve the initial operational capability schedule under section 217 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 706), as most recently amended by section 1668 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1774); (3) options to adjust the budget profile of the long-range standoff weapon program to ensure the program remains on schedule; and (4) a plan to ensure best value to the United States once the programs enter into procurement. 1646. Ground-based strategic deterrent development program accountability matrices (a) In general Concurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to section 1105(a) of title 31, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in subsection (b) relating to the ground-based strategic deterrent weapon system. (b) Matrices described The matrices described in this subsection are the following: (1) Engineering and manufacturing development goals A matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the engineering and manufacturing development phase of the ground-based strategic deterrent weapon system, which shall be subdivided, at a minimum, according to the following: (A) Technology maturity, including technology readiness levels of major components and key demonstration events leading to technology readiness level 7 full maturity. (B) Design maturity for the missile, weapon system command and control, and ground systems. (C) Software maturity, including key events and metrics. (D) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. (E) The schedule with respect to the following: (i) Ground-based strategic deterrent weapon system level critical path events and margins. (ii) Separate individual critical path events and margins for each of the following major events: (I) First flight. (II) First functional test. (III) Weapon system qualification. (IV) Combined certifications. (V) Operational weapon system article. (VI) Initial operational capability. (VII) Wing A completion. (F) Personnel, including planned and actual staffing for the program office and for contractor and supporting organizations, including for testing, nuclear certification, and civil engineering by the Air Force. (G) Reliability, including growth plans and key milestones. (2) Cost (A) In general The following matrices relating to the cost of the ground-based strategic deterrent weapon system: (i) A matrix expressing, in six-month increments, the total cost for the engineering and manufacturing development phase and low-rate initial production lots of the ground-based strategic deterrent weapon system. (ii) A matrix expressing the total cost for the prime contractor's estimate for the engineering and manufacturing development phase and production lots. (B) Phasing and subdivision of matrices The matrices described in clauses (i) and (ii) of subparagraph (A) shall be— (i) phased over the entire engineering and manufacturing development period; and (ii) subdivided according to the costs of the primary subsystems in the ground-based strategic deterrent weapon system work breakdown structure. (c) Semi-annual updates of matrices Not later than 180 days after the date on which the Secretary submits the matrices described in subsection (b) for a year as required by subsection (a), the Secretary shall submit to the congressional defense committees and the Comptroller General updates to the matrices. (d) Treatment of the first matrices as baseline (1) In general The first set of matrices submitted under subsection (a) shall be treated as the baseline for the full engineering and manufacturing development phase and low-rate initial production of the ground-based strategic deterrent weapon system program for purposes of updates submitted under subsection (c) and subsequent matrices submitted under subsection (a). (2) Elements After the submission of the first set of matrices required by subsection (a), each update submitted under subsection (c) and each subsequent set of matrices submitted under subsection (a) shall— (A) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices; and (B) provide updated cost estimates. (e) Assessment by Comptroller General of the United States Not later than 60 days after receiving the matrices described in subsection (b) for a year as required by subsection (a), the Comptroller General shall assess the acquisition progress made with respect to the ground-based strategic deterrent weapon system and brief the congressional defense committees on the results of that assessment. (f) Termination The requirements of this section shall terminate on the date that is one year after the ground-based strategic deterrent weapon system achieves initial operational capability. 1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force (a) Requirement The Secretary of Defense shall submit to the congressional defense committees all— (1) scoping documents relating to any covered review; and (2) reports or other documents relating to any such review. (b) Timing The Secretary shall submit the documents and reports under subsection (a) by the date that is the later of the following: (1) 15 days after the date on which the documents or reports are produced. (2) 15 days after the date of the enactment of this Act. (c) Covered review In this section, the term covered review means any review initiated in 2021 or 2022 by any entity pursuant to an agreement or contract with the Federal Government regarding— (1) a service life extension program for Minuteman III intercontinental ballistic missiles; or (2) the future of the intercontinental ballistic missile force. 1648. Notification regarding intercontinental ballistic missiles of China (a) Requirement If the Commander of the United States Strategic Command determines that the number of intercontinental ballistic missiles in the active inventory of China exceeds the number of intercontinental ballistic missiles in the active inventory of the United States, the number of nuclear warheads equipped on such missiles of China exceeds the number of nuclear warheads equipped on such missiles of the United States, or the number of intercontinental ballistic missile launchers in China exceeds the number of intercontinental ballistic missile launchers in the United States, the Commander shall submit to the congressional defense committees— (1) a notification of such determination; (2) an assessment of the composition of the intercontinental ballistic missiles of China, including the types of nuclear warheads equipped on such missiles; and (3) a strategy for deterring China. (b) Form The notification under paragraph (1) of subsection (a) shall be submitted in unclassified form, and the assessment and strategy under paragraphs (2) and (3) of such subsection may be submitted in classified form. (c) Termination The requirement under subsection (a) shall terminate on the date that is four years after the date of the enactment of this Act. 1649. Independent review of nuclear command, control, and communications system (a) Review Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a review of the current plans, policies, and programs of the nuclear command, control, and communications system of the Department of Defense, and such plans, policies, and programs that are planned for the 10- and 30-year periods following such date of enactment. (b) Matters included The review under subsection (a) shall include a review of each of the following: (1) The plans, policies, and programs described in such subsection. (2) The operational, organizational, programmatic, and acquisition challenges and risks with respect to— (A) maintaining the existing nuclear command, control, and communications system; and (B) the nuclear command, control, and communications system to be fielded during the 10-year period following the date of the enactment of this Act. (3) Emerging technologies and how such technologies may be applied to the next generation of the nuclear command, control, and communications system during the 30-year period following the date of the enactment of this Act to ensure— (A) the survivability of the system; and (B) the capability of the system with respect to— (i) decisionmaking; (ii) situation monitoring; (iii) planning; (iv) force direction; and (v) force management. (4) The security and surety of the nuclear command, control, and communications system. (5) Threats to the nuclear command, control, and communications system that may occur and the ability to detect and mitigate such threats during the 10- and 30-year periods following the date of the enactment of this Act. (c) Briefing Not later than September 1, 2022, the federally funded research and development center that conducts the review under subsection (a) shall provide the congressional defense committees an interim briefing on the review under subsection (a). (d) Report Not later than March 1, 2023, the federally funded research and development center that conducts the review under subsection (a) shall submit to the Secretary and the congressional defense committees a report containing the review under such subsection. 1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program (a) Review (1) Requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into a contract with a federally funded research and development center to conduct a review of the implementation and the execution of the engineering and manufacturing development phase for the ground-based strategic deterrent program. (2) Matters included The review under paragraph (1) shall include the following: (A) An analysis of the ability of the Air Force to implement industry best practices regarding digital engineering during the engineering and manufacturing development phase of the ground-based strategic deterrent program. (B) An assessment of the opportunities offered by the adoption by the Air Force of digital engineering processes and of the challenges the Air Force faces in implementing such industry best practices. (C) A review of the ability of the Air Force to leverage digital engineering during such engineering and manufacturing development phase. (D) A review of any options that may be available to the Air Force during the engineering and manufacturing development phase of the ground-based strategic deterrent program to— (i) reduce cost and introduce long-term sustainment efficiencies; and (ii) stimulate competition within the operations and maintenance phase of the program. (E) Recommendations to improve the cost, schedule, and program management of the engineering and manufacturing development phase for the ground-based strategic deterrent program. (3) Provision of information The Secretary shall provide to the individuals conducting the review under paragraph (1) all information necessary for the review. (4) Security clearances The Secretary shall ensure that each individual who conducts the review under paragraph (1) holds a security clearance at the appropriate level for such review. (b) Report Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the review under subsection (a)(1). The report shall be submitted in unclassified form and shall include a classified annex. (c) Briefing Not later than 90 days after the date on which the Secretary submits the report under subsection (b), the Secretary shall provide to the congressional defense committees a briefing on— (1) plans of the Air Force for implementing any of the recommendations contained in the review under subsection (a)(1); and (2) an explanation for rejecting any recommendations contained in the review that the Secretary elects not to implement. 1651. Report on re-alerting long-range bombers Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report containing— (1) a cost estimate with respect to re-alerting long-range bombers and air refueling tanker aircraft in the absence of a ground-based leg of the nuclear triad; and (2) an assessment of the impact of such re-alerting on force readiness. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements (a) Comptroller General study required The Comptroller General of the United States shall conduct a study on the strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements of the Department of Defense. (b) Matters covered The study conducted under subsection (a) shall, at minimum, consist of an update to the report of the Comptroller General titled Strategic Weapons: Changes in the Nuclear Weapons Targeting Process Since 1991 (GAO–12–786R) and dated July 31, 2012, including covering any changes to— (1) how the Department of Defense has assessed threats and modified its nuclear deterrence policy; (2) targeting and employment guidance from the President, the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Commander of United States Strategic Command; (3) nuclear weapons planning and targeting, including categories and types of targets; (4) strategic nuclear forces, including the stockpile, force posture, and modernization; (5) the level of civilian oversight; (6) the relationship between targeting and requirements; and (7) any other matters considered appropriate by the Comptroller General. (c) Reporting (1) Briefing on preliminary findings Not later than March 31, 2022, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study conducted under subsection (a). (2) Final report The Comptroller General shall submit to the congressional defense committees a final report on the findings of the study conducted under subsection (a) at a time agreed to by the Comptroller General and the congressional defense committees at the briefing required by paragraph (1). (3) Form The briefing required by paragraph (1) may be provided, and the report required by paragraph (2) may be submitted, in classified form. (d) Cooperation The Secretary of Defense and the Secretary of Energy shall provide the Comptroller General with full cooperation and access to appropriate officials, guidance, and documentation for the purposes of conducting the study required by subsection (a). 1653. Briefing on consultations with United States allies regarding Nuclear Posture Review (a) In general Not later than the date on which the Secretary of Defense issues the first Nuclear Posture Review after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees, the Majority and Minority Leaders of the Senate, and the Speaker and Minority Leader of the House of Representatives a briefing on all consultations with allies of the United States regarding the Nuclear Posture Review. (b) Elements The briefing required by subsection (a) shall include the following: (1) A listing of all countries consulted with respect to the Nuclear Posture Review, including the dates and circumstances of each such consultation and the countries present. (2) An overview of the topics and concepts discussed with each such country during such consultations, including any discussion of potential changes to the nuclear declaratory policy of the United States. (3) An opportunity for the committees and officials referred to in subsection (a) to view documents relating to such consultations. (4) A summary of any feedback provided during such consultations. (c) Form The briefing required by subsection (a) shall be conducted in both in an unclassified and classified format. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency (a) Notice and wait requirement Section 205 of title 10, United States Code, is amended— (1) by striking The Director and inserting (a) Appointment of Director.— The Director ; and (2) by adding at the end the following new subsection: (b) Notification of changes to non-standard acquisition and requirements processes and responsibilities (1) The Secretary of Defense may not make any changes to the missile defense non-standard acquisition and requirements processes and responsibilities unless, with respect to those proposed changes— (A) the Secretary, without delegation, has taken each of the actions specified in paragraph (2); and (B) a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph (C) of such paragraph. (2) If the Secretary proposes to make changes to the missile defense non-standard acquisition and requirements processes and responsibilities, the Secretary shall— (A) consult with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency, regarding the changes; (B) certify to the congressional defense committees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A); (C) submit to the congressional defense committees a report that contains— (i) a description of the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph (A) with respect to the changes; (ii) a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and (iii) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, a final draft of the proposed modified directive, both in an electronic format and in a hard copy format; and (D) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, provide to such committees a briefing on the proposed modified directive described in subparagraph (C)(iii). (3) In this subsection, the term non-standard acquisition and requirements processes and responsibilities means the processes and responsibilities described in— (A) the memorandum of the Secretary of Defense titled Missile Defense Program Direction signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection; (B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modifications described in Directive-type Memorandum 20–002 of the Deputy Secretary of Defense, or any amendments or extensions thereto made before the date of such enactment), or as modified in accordance with this subsection, or any successor directive issued in accordance with this subsection; and (C) United States Strategic Command Instruction 538–3 titled MD Warfighter Involvement Process , as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor instruction issued in accordance with this subsection.. (b) Conforming amendments (1) FY20 NDAA Section 1688 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1787) is amended— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (2) FY21 NDAA Section 1641 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4061) is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). 1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites (a) Limitation (1) Production of satellites and ground systems The Director of the Missile Defense Agency may not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites. (2) Prototype satellites (A) Authority The Director, with the concurrence of the Space Acquisition Council established by section 9021 of title 10, United States Code, may authorize the production of one or more prototype satellites, consistent with the requirements of the Missile Defense Agency. (B) Report Not later than 30 days after the date on which the Space Acquisition Council concurs with the Director with respect to authorizing the production of a prototype satellite under subparagraph (A), the chair of the Council shall submit to the congressional defense committees a report explaining the reasons for such concurrence. (C) Obligation of funds The Director may not obligate funds for the production of a prototype satellite under subparagraph (A) before the date on which the Space Acquisition Council submits the report for such prototype satellite under subparagraph (B). (b) Hypersonic and ballistic missile tracking space sensor Section 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) Waiver of certain limitation The Assistant Secretary of the Air Force for Space Acquisition and Integration, acting as the chair of the Space Acquisition Council, may waive the limitation in section 1662 of the National Defense Authorization Act for Fiscal Year 2022, with respect to the hypersonic and ballistic missile tracking space sensor program if the Assistant Secretary— (1) determines that such limitation would delay the delivery of an operational hypersonic and ballistic missile tracking space sensor because of technical, cost, or schedule factors; and (2) submits to the congressional defense committees— (A) the technical, schedule, or cost rationale for the waiver; (B) an acquisition strategy for the hypersonic and ballistic missile tracking space sensor program that is signed by both the Director and the Assistant Secretary; and (C) a lead service agreement entered into by the Director and the Chief of Space Operations regarding the operation and sustainment of the hypersonic and ballistic missile tracking space sensor and the integration of the sensor into the architecture of the Space Force.. 1663. Extension of period for transition of ballistic missile defense programs to military departments Section 1676(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2431 note) is amended by striking the date on which the budget of the President for fiscal year 2023 is submitted under section 1105 of title 31, United States Code, and inserting, October 1, 2023,. 1664. Directed energy programs for ballistic and hypersonic missile defense (a) Authority of the Missile Defense Agency The Secretary of Defense shall delegate to the Director of the Missile Defense Agency the authority to budget for, direct, and manage directed energy programs applicable for ballistic and hypersonic missile defense missions, in coordination with other directed energy efforts of the Department of Defense. (b) Prioritization In budgeting for and directing directed energy programs applicable for ballistic and hypersonic defensive missions pursuant to subsection (a), the Director of the Missile Defense Agency shall— (1) prioritize the early research and development of technologies; and (2) address the transition of such technologies to industry to support future operationally relevant capabilities. 1665. Guam integrated air and missile defense system (a) Architecture and acquisition The Secretary of Defense, acting through the Director of the Missile Defense Agency, and in coordination with the Commander of the United States Indo-Pacific Command, shall identify the architecture and acquisition approach for implementing a 360-degree integrated air and missile defense capability to defend the people, infrastructure, and territory of Guam from the scope and scale of advanced cruise, ballistic, and hypersonic missile threats that are expected to be fielded during the 10-year period beginning on the date of the enactment of this Act. (b) Requirements The architecture identified under subsection (a) shall have the ability to— (1) integrate, while maintaining high kill chain performance against advanced threats, all applicable— (A) multi-domain sensors that contribute substantively to track quality and track custody; (B) interceptors; and (C) command and control systems; (2) address robust discrimination and electromagnetic compatibility with other sensors; (3) engage directly, or coordinate engagements with other integrated air and missile defense systems, to defeat the spectrum of cruise, ballistic, and hypersonic threats expected to be fielded during the 10-year period beginning on the date of the enactment of this Act; (4) leverage existing programs of record to expedite the development and deployment of the architecture during the five-year period beginning on the date of the enactment of this Act, with an objective of achieving initial operating capability in 2025, including with respect to— (A) the Aegis ballistic missile defense system; (B) standard missile–3 and –6 variants; (C) the terminal high altitude area defense system; (D) the Patriot air and missile defense system; (E) the integrated battle control system; and (F) the lower tier air and missile defense sensor and other lower tier capabilities, as applicable; (5) integrate future systems and interceptors, including directed energy-based kill systems, that will also have the capability to detect, track, and defeat hypersonic missiles in the glide and terminal phases, including integration of passive measures to protect assets in Guam; and (6) incentivize competition within the acquisition of the architecture and rapid procurement and deployment wherever possible. (c) Report Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the architecture and acquisition approach identified under subsection (a), including— (1) an assessment of the development and implementation risks associated with each of the elements identified under subsection (b); and (2) a plan for expending funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for such architecture. (d) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of Cost Assessment and Program Evaluation, not more than 80 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report under subsection (c). 1666. Missile defense radar in Hawaii As a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Director of the Missile Defense Agency shall certify to the congressional defense committees that— (1) the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 includes adequate amounts of estimated funding to develop, construct, test, and integrate into the missile defense system the discrimination radar for homeland defense planned to be located in Hawaii; and (2) such radar and associated in-flight interceptor communications system data terminal will be operational by not later than December 31, 2028. 1667. Certification required for Russia and China to tour certain missile defense sites (a) Certification Before the Secretary of Defense makes a determination with respect to allowing a foreign national of Russia or China to tour a covered site, the Secretary shall submit to the congressional defense committees a certification that— (1) the Secretary has determined that such tour is in the national security interest of the United States, including the justifications for such determination; and (2) the Secretary will not share any technical data relating to the covered site with the foreign nationals. (b) Timing The Secretary may not conduct a tour described in subsection (a) until a period of 45 days has elapsed following the date on which the Secretary submits the certification for that tour under such subsection. (c) Construction with other requirements Nothing in this section shall be construed to supersede or otherwise affect section 130h of title 10, United States Code. (d) Covered site In this section, the term covered site means any of the following: (1) The combat information center of a naval ship equipped with the Aegis ballistic missile defense system. (2) An Aegis Ashore site. (3) A terminal high altitude area defense battery. (4) A ground-based midcourse defense interceptor silo. 1668. Next generation interceptors for missile defense of the United States homeland (a) Funding plan The Director of the Missile Defense Agency shall develop a funding plan that includes funding lines across the future-years defense program under section 221 of title 10, United States Code, for the next generation interceptor that— (1) while applying lessons learned from the redesigned kill vehicle program, incorporating recommendations from the Comptroller General of the United States, and implementing fly-before-you-buy principles, produces and begins deployment of the next generation interceptor as early as practicable; (2) includes acquiring at least 20 operational next generation interceptors; and (3) includes transition plans to replace the current inventory of silo-based boosters with follow-on systems prior to the end of the useful lifecycle of the boosters. (b) Report on funding profile The Director shall include with the budget justification materials submitted to Congress in support of the budget of the Department of Defense for fiscal year 2023 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the funding profile necessary for the next generation interceptor program through the date on which the program achieves full operational capability. (c) Congressional notification of cancellation requirement Not later than 30 days prior to any final decision to cancel the next generation interceptor program, the Director shall provide to the congressional defense committees a briefing on such decision, including— (1) a justification for the decision; and (2) an analysis of the national security risk that the Director accepts by reason of cancelling such program. (d) Inclusion in required flight tests Section 1689(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2431 note) is amended by adding after the period at the end the following new sentence: Beginning not later than five years after the date on which the next generation interceptor achieves initial operational capability, the Director shall ensure that such flight tests include the next generation interceptor.. (e) Report Not later than the date of on which the Director approves the next generation interceptor program to enter the initial production phase of the acquisition process, the Director shall submit to the congressional defense committees a report outlining estimated annual costs for conducting annual, operationally relevant flight testing to evaluate the reliability of the system developed under such program, including associated production costs for procuring sufficient flight systems to support such testing for the projected life of the system. (f) Program accountability matrices (1) Requirement Concurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to section 1105(a) of title 31, United States Code, the Director shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in paragraph (2) relating to the next generation interceptor program. (2) Matrices described The matrices described in this subsection are the following: (A) Technology and product development goals A matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the technology development phase of the next generation interceptor program, which shall be subdivided, at a minimum, according to the following: (i) Technology maturity, including technology readiness levels of major interceptor components and key demonstration events leading to full maturity. (ii) Design maturity, including key events and metrics, at the interceptor all up round level and major interceptor component level. (iii) Parts testing, including key events and metrics for vetting parts and components through a parts, materials, and processes mission assurance plan. (iv) Software maturity, including key events and metrics, at the all up round level and major interceptor component level for the interceptor. (v) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. (vi) Schedule, with respect to key program milestones, critical path events, and margins. (vii) Reliability, including growth plans and key milestones. (viii) Developmental testing and cybersecurity. (ix) Any other technology and product development goals the Director determines to be appropriate. (B) Cost (i) In general The following matrices relating to the cost of the next generation interceptor program: (I) A matrix expressing, in six-month increments, the total cost for the technology development phase. (II) A matrix expressing the total cost for each of the contractors’ estimates for the technology development phase. (ii) Phasing and subdivision of matrices The matrices described in clauses (i) and (ii) of subparagraph (B) shall be— (I) phased over the entire technology development phase; and (II) subdivided according to the costs major interceptor component of each next generation interceptor configuration. (C) Stakeholder and independent reviews A matrix that identifies, in six-month increments, plans and status for coordinating products and obtaining independent reviews for the next generation interceptor program for the technology development phase, which shall be subdivided according to the following: (i) Performance requirements, including coordinating, updating, and obtaining approval of the top-level requirements document. (ii) Intelligence inputs, processes, and products, including— (I) coordinating, updating, and validating the homeland ballistic missile defense validated online lifecycle threat with the Director of the Defense Intelligence Agency; and (II) coordinating and obtaining approval of a lifecycle mission data plan. (iii) Independent assessments, including obtaining an initial and updated— (I) technical risk assessment; and (II) cost estimate. (iv) Models and simulations, including— (I) obtaining accreditation of interceptor models and simulations at both the all up round level and subsystem level from the Ballistic Missile Defense Operational Test Agency; (II) obtaining certification of threat models used for interceptor ground test from the Ballistic Missile Defense Operational Test Agency; and (III) obtaining accreditation from the Director of the Defense Intelligence Agency on all threat models, simulations, and associated data used to support interceptor development. (v) Sustainability and obsolescence, including coordinating and obtaining approval of a lifecycle sustainment plan. (vi) Cybersecurity, including coordinating and obtaining approval of a cybersecurity strategy. (3) Form The matrices submitted under paragraph (2) shall be in unclassified form, but may contain a classified annex. (4) Semiannual updates of matrices Not later than 180 days after the date on which the Director submits the matrices described in paragraph (2) for a year as required by paragraph (1), the Director shall submit to the congressional defense committees and the Comptroller General updates to the matrices. (5) Treatment of the first matrices as baseline (A) In general The first set of matrices submitted under paragraph (1) shall be treated as the baseline for the technology development phase of the next generation interceptor program for purposes of updates submitted under subsection (i) and subsequent matrices submitted under paragraph (1). (B) Elements After the submission of the first set of matrices required by paragraph (1), each update submitted under paragraph (4) and each subsequent set of matrices submitted under paragraph (1) shall— (i) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices under subparagraph (A) of paragraph (2); (ii) provide updated cost estimates under subparagraph (B) of such paragraph; and (iii) provide updated plans and status under subparagraph (C) of such paragraph. (6) Assessment by Comptroller General of the United States Not later than 60 days after receiving the matrices described in paragraph (2) for a year as required by paragraph (1), the Comptroller General shall— (A) assess the acquisition progress made with respect to the next generation interceptor program; and (B) provide to the congressional defense committees a briefing on the results of that assessment. (7) Termination The requirements of this subsection shall terminate on the date that is one year after the date on which the next generation interceptor program is approved to enter the product development phase. 1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production (a) Iron Dome short-range rocket defense system (1) Availability of funds Of the funds authorized to be appropriated by this Act for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $108,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States. (2) Conditions (A) Agreement Funds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors. (B) Certification Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (i) a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement; (ii) an assessment detailing any risks relating to the implementation of such agreement; and (iii) for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended. (b) Israeli cooperative missile defense program, David's Sling Weapon System co-production (1) In general Subject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $30,000,000 may be provided to the Government of Israel to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry. (2) Agreement Provision of funds specified in paragraph (1) shall be subject to the terms and conditions in the bilateral co-production agreement, including— (A) a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and (B) co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David's Sling Weapon System is not less than 50 percent. (3) Certification and assessment The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (A) a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System; and (B) an assessment detailing any risks relating to the implementation of such agreement. (c) Israeli cooperative missile defense program, Arrow 3 Upper Tier Interceptor Program co-production (1) In general Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $62,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry. (2) Certification The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that— (A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program; (B) funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); (C) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds— (i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production; (ii) complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel; (iii) technical milestones for co-production of parts and components and procurement; (iv) a joint affordability working group to consider cost reduction initiatives; and (v) joint approval processes for third-party sales; and (D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent. (d) Number In carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit— (1) one certification covering both the David's Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or (2) separate certifications for each respective system. (e) Timing The Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel. (f) Workshare for Iron Dome replenishment efforts (1) Maintenance of agreement With respect to replenishment efforts for the Iron Dome short-range rocket defense system carried out during fiscal year 2022, the Secretary of Defense may seek to maintain a workshare agreement for the United States production of systems that are covered, as of the date of the enactment of this Act, under the memorandum of understanding regarding United States and Israeli cooperation on missile defense. (2) Briefing The Secretary of Defense shall provide to the appropriate congressional committees a briefing detailing the terms of any workshare agreements described by paragraph (1). (g) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. 1670. Update of study on discrimination capabilities of the ballistic missile defense system (a) Update The Secretary of Defense shall enter into an arrangement with the private scientific advisory group known as JASON under which JASON shall carry out an update to the study conducted pursuant to section 237 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2236) on the discrimination capabilities and limitations of the missile defense system of the United States, including such discrimination capabilities that exist or are planned as of the date of the update. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study. (c) Form The report under subsection (b) may be submitted in classified form, but shall contain an unclassified summary. 1671. Semiannual updates on meetings held by the Missile Defense Executive Board (a) Semiannual updates Not later than March 1 and September 1 of each year, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, acting in their capacities as co-chairs of the Missile Defense Executive Board pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2162), shall provide to the congressional defense committees a semiannual update including, with respect to the six-month period preceding the update— (1) the dates on which the Board met; and (2) except as provided by subsection (b), a summary of any decisions made by the Board at each meeting of the Board and the rationale for and options that informed such decisions. (b) Exception for certain budgetary matters The co-chairs shall not be required to include in a semiannual update under subsection (a) the matters described in paragraph (2) of such subsection with respect to decisions of the Board relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31, United States Code, as of the date of the semiannual update. (c) Form of update The co-chairs may provide a semiannual update under subsection (a) either in the form of a briefing or a written report. (d) Technical amendments (1) FY18 NDAA Section 1676(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 205 note) is amended by striking chairman and inserting chair. (2) FY19 NDAA Section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2162) is amended— (A) in the matter preceding paragraph (1), by striking chairman and inserting chair ; and (B) in paragraph (2), by striking co-chairman and inserting co-chair. 1672. Matters regarding Integrated Deterrence Review (a) Reports Not later than 30 days after the date on which the Integrated Deterrence Review that commenced during 2021 is submitted to the congressional defense committees, the Secretary of Defense shall submit to the congressional defense committees the following: (1) Each final report, assessment, and guidance document produced by the Department of Defense pursuant to the Integrated Deterrence Review or during subsequent actions taken to implement the conclusions of the Integrated Deterrence Review, including with respect to each covered review. (2) A report explaining how each such covered review differs from the previous such review. (b) Certifications Not later than 30 days after the date on which a covered review is submitted to the congressional defense committees, the Chairman of the Joint Chiefs of Staff, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of the United States Strategic Command shall each directly submit to such committees— (1) a certification regarding whether the Chairman, Vice Chairman, or Commander, as the case may be, had the opportunity to provide input into the covered review; and (2) a description of the degree to which the covered reviews differ from the military advice contained in such input (or, if there was no opportunity to provide such input, would have been contained in the input if so provided). (c) Covered review defined In this section, the term covered review means— (1) the Missile Defense Review that commenced during 2021; and (2) the Nuclear Posture Review that commenced during 2021. 1673. Semiannual notifications regarding missile defense tests and costs (a) Semiannual notifications required For each period described in subsection (b), the Director of the Missile Defense Agency shall submit to the congressional defense committees a notification of all— (1) flight tests (intercept and non-intercept) planned to occur during the period covered by the notification based on the Integrated Master Test Plan the Director used to support the President’s budget submission under section 1105 of title 31, United States Code, for the fiscal year of the period covered; and (2) ground tests planned to occur during such period based on such plan. (b) Periods described The periods described in this subsection are— (1) the first 180-calendar-day period beginning on the date that is 90 days after the date of the enactment of this Act; and (2) each subsequent, sequential 180-calendar-day period beginning thereafter until the date that is five years and 90 calendar days after the date of the enactment of this Act. (c) Timing of notification Each notification submitted under subsection (a) for a period described in subsection (b) shall be submitted— (1) not earlier than 30 calendar days before the last day of the period; and (2) not later than the last day of the period. (d) Contents Each notification submitted under subsection (a) shall include the following: (1) For the period covered by the notification: (A) With respect to each flight test described in subsection (a)(1), the following: (i) The entity responsible for leading the flight test (such as the Missile Defense Agency, the Army, or the Navy) and the classification level of the flight test. (ii) The planned cost (the most recent flight test cost estimate, including interceptors and targets), the actual costs and expenditures to-date, and an estimate of any remaining costs and expenditures. (iii) All funding (including any appropriated, transferred, or reprogrammed funding) the Agency has received to-date for the flight test. (iv) All changes made to the scope and objectives of the flight test and an explanation for such changes. (v) The status of the flight test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (vi) In the event of a flight test status of conducted-objectives not achieved (failure or no-test), delayed, or canceled— (I) the reasons the flight test did not succeed or occur; (II) in the event of a flight test status of failure or no-test, the plan and cost estimate to retest, if necessary, and any contractor liability, if appropriate; (III) in the event of a flight test delay, the fiscal year and quarter the objectives were first planned to be met, the names of the flight tests the objectives have been moved to, the aggregate duration of the delay to-date, and, if applicable, any risks to the warfighter from the delay; and (IV) in the event of a flight test cancellation, the fiscal year and quarter the objectives were first planned to be met, whether the objectives from the canceled test were met by other means, moved to a different flight test, or removed, a revised spend plan for the remaining funding the agency received for the flight test to-date, and, if applicable, any risks to the warfighter from the cancellation; and (vii) the status of any decisions reached by failure review boards open or completed during the period covered by the notification. (B) With respect to each ground test described in subsection (a)(2), the following: (i) The planned cost (the most recent ground test cost estimate), the actual costs and expenditures to-date, and an estimate of any remaining costs and expenditures. (ii) The designation of the ground test, whether developmental, operational, or both. (iii) All changes made to the scope and objectives of the ground test and an explanation for such changes. (iv) The status of the ground test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (v) In the case of a ground test status of conducted-objectives not achieved (failure or no-test), delayed, or canceled— (I) the reasons the ground test did not succeed or occur; and (II) if applicable, any risks to the warfighter from the ground test not succeeding or occurring; (vi) The participating system and element models used for conducting ground tests and the accreditation status of the participating system and element models. (vii) Identification of any cybersecurity tests conducted or planned to be conducted as part of the ground test. (viii) For each cybersecurity test identified under subparagraph (G), the status of the cybersecurity test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. (ix) In the case of a cybersecurity test identified under subparagraph (G) with a status of conducted-objectives, not achieved, delayed, or canceled— (I) the reasons for such status; and (II) any risks, if applicable, to the warfighter from the cybersecurity test not succeeding or occurring. (2) To the degree applicable and known, the matters covered by paragraph (1) but for the period subsequent to the covered period. (e) Events spanning multiple notification periods Events that span from one period described in subsection (b) into another period described in such subsection, such as a the case of a failure review board convening in one period and reaching a decision in the following period, shall be covered by notifications under subsection (a) for both periods. (f) Form Each notification submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 1674. Report on senior leadership of Missile Defense Agency Not later than 60 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report detailing the following: (1) The responsibilities of the positions of the Director, Sea-based Weapons Systems, and the Deputy Director of the Missile Defense Agency. (2) The role of the officials who occupy these positions with respect to the functional combatant commands with missile defense requirements. (3) The rationale and benefit of having an official in these positions who is a general officer or flag officer versus a civilian. 1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense (a) Independent study and report (1) Contract Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with the National Academy of Public Administration (in this section referred to as the Academy ) for the Academy to perform the services covered by this subsection. (2) Study and report (A) Roles and responsibilities Under an agreement between the Secretary and the Academy under this subsection, the Academy shall carry out an study regarding the roles and responsibilities of the various components of the Department of Defense as they pertain to missile defense. (B) Matters included The study required by subparagraph (A) shall include the following: (i) A comprehensive assessment and analysis of existing Department component roles and responsibilities for the full range of missile defense activities, including establishment of requirements, research and development, system acquisition, and operations. (ii) Identification of gaps in component capability of each applicability component for performing its assigned missile defense roles and responsibilities. (iii) Identification of opportunities for deconflicting mission sets, eliminating areas of unnecessary duplication, reducing waste, and improving efficiency across the full range of missile defense activities. (iv) Development of a timetable for the implementation of the opportunities identified under clause (iii). (v) Development of recommendations for such legislative or administrative action as the Academy considers appropriate pursuant to carrying out clauses (i) through (iv). (vi) Such other matters as the Secretary may require. (C) Report (i) Requirement Not later than one year after the date on which the Secretary and the Academy enter into a contract under paragraph (1), the Academy shall submit to the Secretary and the congressional defense committees a report on the study conducted under subparagraph (A). (ii) Elements The report submitted under clause (i) shall include the findings of the Academy with respect to the study carried out under subparagraph (A) and any recommendations the Academy may have for legislative or administrative action pursuant to such study. (3) Alternate contract organization (A) Agreement If the Secretary is unable within the time period prescribed in paragraph (1) to enter into an agreement described in such paragraph with the Academy on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization that— (i) is not part of the Government; (ii) operates as a not-for-profit entity; and (iii) has expertise and objectivity comparable to that of the Academy. (B) References If the Secretary enters into an agreement with another organization as described in subparagraph (A), any reference in this subsection to the Academy shall be treated as a reference to the other organization. (b) Report by Secretary of Defense Not later than 120 days after the date on which the report is submitted pursuant to subsection (a)(2)(C), the Secretary shall submit to the congressional defense committees a report on the views of the Secretary on the findings and recommendations set forth in the report submitted under such subsection, together with such recommendations as the Secretary may have for changes in the structure, functions, responsibilities, and authorities of the Department. 1681. Cooperative threat reduction funds (a) Funding allocation Of the $344,849,000 authorized to be appropriated to the Department of Defense for fiscal year 2022 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act ( 50 U.S.C. 3711 ), the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $2,997,000. (2) For chemical weapons destruction, $13,250,000. (3) For global nuclear security, $17,767,000. (4) For cooperative biological engagement, $229,022,000. (5) For proliferation prevention, $58,754,000. (6) For activities designated as Other Assessments/Administrative Costs, $23,059,000. (b) Specification of cooperative threat reduction funds Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2022, 2023, and 2024. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48 Section 1664 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting or any subsequent fiscal year after fiscal year 2021 ; and (2) by adding at the end the following new subsections: (d) Distribution of estimate As soon as practicable after submitting an estimate as described in paragraph (1) of subsection (a) and making the certification described in paragraph (2) of such subsection, the Secretary shall make such estimate available to any licensee operating under the Order and Authorization described in such subsection. (e) Authority of Secretary of Defense to seek recovery of costs The Secretary may work directly with any licensee (or any future assignee, successor, or purchaser) affected by the Order and Authorization described in subsection (a) to seek recovery of costs incurred by the Department as a result of the effect of such order and authorization. (f) Reimbursement (1) In general The Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the Order and Authorization described in subsection (a) to provide reimbursement to the Department, only to the extent provided in appropriation Acts, for the covered costs and eligible reimbursable costs submitted and certified to the congressional defense committees under such subsection. (2) Use of funds The Secretary shall use any funds received under this subsection, to the extent and in such amounts as are provided in advance in appropriation Acts, for covered costs described in subsection (b) and the range of eligible reimbursable costs identified under subsection (a)(1). (3) Report Not later than 90 days after the date on which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on such process.. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena (a) Establishment of Office Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall establish an office within a component of the Office of the Secretary of Defense, or within a joint organization of the Department of Defense and the Office of the Director of National Intelligence, to carry out the duties of the Unidentified Aerial Phenomena Task Force, as in effect on the day before the date of enactment of this Act, and such other duties as are required by this section. (b) Duties The duties of the Office established under subsection (a) shall include the following: (1) Developing procedures to synchronize and standardize the collection, reporting, and analysis of incidents, including adverse physiological effects, regarding unidentified aerial phenomena across the Department of Defense and the intelligence community. (2) Developing processes and procedures to ensure that such incidents from each component of the Department and each element of the intelligence community are reported and incorporated in a centralized repository. (3) Establishing procedures to require the timely and consistent reporting of such incidents. (4) Evaluating links between unidentified aerial phenomena and adversarial foreign governments, other foreign governments, or nonstate actors. (5) Evaluating the threat that such incidents present to the United States. (6) Coordinating with other departments and agencies of the Federal Government, as appropriate, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Homeland Security, the National Oceanic and Atmospheric Administration, and the Department of Energy. (7) Coordinating with allies and partners of the United States, as appropriate, to better assess the nature and extent of unidentified aerial phenomena. (8) Preparing reports for Congress, in both classified and unclassified form, including under subsection (i). (c) Response to and field investigations of unidentified aerial phenomena (1) Designation The Secretary, in coordination with the Director, shall designate one or more line organizations within the Department of Defense and the intelligence community that possess appropriate expertise, authorities, accesses, data, systems, platforms, and capabilities to rapidly respond to, and conduct field investigations of, incidents involving unidentified aerial phenomena under the direction of the head of the Office established under subsection (a). (2) Ability to respond The Secretary, in coordination with the Director, shall ensure that each line organization designated under paragraph (1) has adequate personnel with the requisite expertise, equipment, transportation, and other resources necessary to respond rapidly to incidents or patterns of observations involving unidentified aerial phenomena of which the Office becomes aware. (d) Scientific, technological, and operational analyses of data on unidentified aerial phenomena (1) Designation The Secretary, in coordination with the Director, shall designate one or more line organizations that will be primarily responsible for scientific, technical, and operational analysis of data gathered by field investigations conducted pursuant to subsection (c) and data from other sources, including with respect to the testing of materials, medical studies, and development of theoretical models, to better understand and explain unidentified aerial phenomena. (2) Authority The Secretary and the Director shall each issue such directives as are necessary to ensure that the each line organization designated under paragraph (1) has authority to draw on the special expertise of persons outside the Federal Government with appropriate security clearances. (e) Data; intelligence collection (1) Availability of data and reporting on unidentified aerial phenomena The Director and the Secretary shall each, in coordination with one another, ensure that— (A) each element of the intelligence community with data relating to unidentified aerial phenomena makes such data available immediately to the Office established under subsection (a) or to an entity designated by the Secretary and the Director to receive such data; and (B) military and civilian personnel of the Department of Defense or an element of the intelligence community, and contractor personnel of the Department or such an element, have access to procedures by which the personnel shall report incidents or information, including adverse physiological effects, involving or associated with unidentified aerial phenomena directly to the Office or to an entity designated by the Secretary and the Director to receive such information. (2) Intelligence collection and analysis plan The head of the Office established under subsection (a), acting on behalf of the Secretary of Defense and the Director of National Intelligence, shall supervise the development and execution of an intelligence collection and analysis plan to gain as much knowledge as possible regarding the technical and operational characteristics, origins, and intentions of unidentified aerial phenomena, including with respect to the development, acquisition, deployment, and operation of technical collection capabilities necessary to detect, identify, and scientifically characterize unidentified aerial phenomena. (3) Use of resources and capabilities In developing the plan under paragraph (2), the head of the Office established under subsection (a) shall consider and propose, as the head determines appropriate, the use of any resource, capability, asset, or process of the Department and the intelligence community. (f) Science plan The head of the Office established under subsection (a), on behalf of the Secretary and the Director, shall supervise the development and execution of a science plan to develop and test, as practicable, scientific theories to— (1) account for characteristics and performance of unidentified aerial phenomena that exceed the known state of the art in science or technology, including in the areas of propulsion, aerodynamic control, signatures, structures, materials, sensors, countermeasures, weapons, electronics, and power generation; and (2) provide the foundation for potential future investments to replicate any such advanced characteristics and performance. (g) Assignment of priority The Director, in consultation with, and with the recommendation of the Secretary, shall assign an appropriate level of priority within the National Intelligence Priorities Framework to the requirement to understand, characterize, and respond to unidentified aerial phenomena. (h) Annual report (1) Requirement Not later than October 31, 2022, and annually thereafter until October 31, 2026, the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report on unidentified aerial phenomena. (2) Elements Each report under paragraph (1) shall include, with respect to the year covered by the report, the following information: (A) All reported unidentified aerial phenomena-related events that occurred during the one-year period. (B) All reported unidentified aerial phenomena-related events that occurred during a period other than that one-year period but were not included in an earlier report. (C) An analysis of data and intelligence received through each reported unidentified aerial phenomena-related event. (D) An analysis of data relating to unidentified aerial phenomena collected through— (i) geospatial intelligence; (ii) signals intelligence; (iii) human intelligence; and (iv) measurement and signature intelligence. (E) The number of reported incidents of unidentified aerial phenomena over restricted air space of the United States during the one-year period. (F) An analysis of such incidents identified under subparagraph (E). (G) Identification of potential aerospace or other threats posed by unidentified aerial phenomena to the national security of the United States. (H) An assessment of any activity regarding unidentified aerial phenomena that can be attributed to one or more adversarial foreign governments. (I) Identification of any incidents or patterns regarding unidentified aerial phenomena that indicate a potential adversarial foreign government may have achieved a breakthrough aerospace capability. (J) An update on the coordination by the United States with allies and partners on efforts to track, understand, and address unidentified aerial phenomena. (K) An update on any efforts underway on the ability to capture or exploit discovered unidentified aerial phenomena. (L) An assessment of any health-related effects for individuals that have encountered unidentified aerial phenomena. (M) The number of reported incidents, and descriptions thereof, of unidentified aerial phenomena associated with military nuclear assets, including strategic nuclear weapons and nuclear-powered ships and submarines. (N) In consultation with the Administrator for Nuclear Security, the number of reported incidents, and descriptions thereof, of unidentified aerial phenomena associated with facilities or assets associated with the production, transportation, or storage of nuclear weapons or components thereof. (O) In consultation with the Chairman of the Nuclear Regulatory Commission, the number of reported incidents, and descriptions thereof, of unidentified aerial phenomena or drones of unknown origin associated with nuclear power generating stations, nuclear fuel storage sites, or other sites or facilities regulated by the Nuclear Regulatory Commission. (P) The names of the line organizations that have been designated to perform the specific functions under subsections (c) and (d), and the specific functions for which each such line organization has been assigned primary responsibility. (3) Form Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (i) Semiannual briefings (1) Requirement Not later than 90 days after the date of the enactment of this Act and not less frequently than semiannually thereafter until December 31, 2026, the head of the Office established under subsection (a) shall provide to the congressional committees specified in subparagraphs (A), (B), and (D) of subsection (l)(1) classified briefings on unidentified aerial phenomena. (2) First briefing The first briefing provided under paragraph (1) shall include all incidents involving unidentified aerial phenomena that were reported to the Unidentified Aerial Phenomena Task Force or to the Office established under subsection (a) after June 24, 2021, regardless of the date of occurrence of the incident. (3) Subsequent briefings Each briefing provided subsequent to the first briefing described in paragraph (2) shall include, at a minimum, all events relating to unidentified aerial phenomena that occurred during the previous 180 days, and events relating to unidentified aerial phenomena that were not included in an earlier briefing. (4) Instances in which data was not shared For each briefing period, the head of the Office established under subsection (a) shall jointly provide to the chairman and the ranking minority member or vice chairman of the congressional committees specified in subparagraphs (A) and (D) of subsection (k)(1) an enumeration of any instances in which data relating to unidentified aerial phenomena was not provided to the Office because of classification restrictions on that data or for any other reason. (j) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out the work of the Office established under subsection (a), including with respect to— (1) general intelligence gathering and intelligence analysis; and (2) strategic defense, space defense, defense of controlled air space, defense of ground, air, or naval assets, and related purposes. (k) Task force termination Not later than the date on which the Secretary establishes the Office under subsection (a), the Secretary shall terminate the Unidentified Aerial Phenomenon Task Force. (l) Definitions In this section: (1) The term appropriate congressional committees means the following: (A) The Committees on Armed Services of the House of Representatives and the Senate. (B) The Committees on Appropriations of the House of Representatives and the Senate. (C) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (D) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (3) The term line organization means, with respect to a department or agency of the Federal Government, an organization that executes programs and activities to directly advance the core functions and missions of the department or agency to which the organization is subordinate, but, with respect to the Department of Defense, does not include a component of the Office of the Secretary of Defense. (4) The term transmedium objects or devices means objects or devices that are observed to transition between space and the atmosphere, or between the atmosphere and bodies of water, that are not immediately identifiable. (5) The term unidentified aerial phenomena means— (A) airborne objects that are not immediately identifiable; (B) transmedium objects or devices; and (C) submerged objects or devices that are not immediately identifiable and that display behavior or performance characteristics suggesting that the objects or devices may be related to the objects or devices described in subparagraph (A) or (B). 1684. Determination on certain activities with unusually hazardous risks (a) Report required For fiscal years 2022 and 2023, the Secretary concerned shall prepare a report for each indemnification request made by a covered contractor with respect to a contract. Such report shall include the following elements: (1) A determination of whether the performance of the contract includes an unusually hazardous risk (as defined in this section). (2) An estimate of the maximum probable loss for claims or losses arising out of the contract. (3) Consideration of requiring the covered contractor to obtain liability insurance to compensate for claims or losses to the extent such insurance is available under commercially reasonable terms and pricing, including any limits, sub-limits, exclusions and other coverage restrictions. (4) Consideration of not requiring a covered contractor to obtain liability insurance in amounts greater than amounts available under commercially reasonable terms and pricing or the maximum probable loss, whichever is less. (b) Submission to Congress Not later than 90 days after the date on which the Secretary concerned receives an indemnification request by a covered contractor during the period beginning on the date of the enactment of this Act and ending on September 30, 2023, the Secretary concerned shall submit to the congressional defense committees the report required under subsection (a). (c) Review (1) Requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the implementation by the Department of Defense of section 2354 of title 10, United States Code, and Executive Order 10789, as amended, pursuant to Public Law 85–804 ( 50 U.S.C. 1431 et seq. ) with regard to indemnifying a contractor for the performance of a contract that includes unusually hazardous risk. (2) Matters included The review required under paragraph (1) shall include the following: (A) A determination of the extent to which each Secretary concerned is implementing such section 2354 and such Executive Order 10789 consistently. (B) Identification of discrepancies and potential remedies in the military departments with respect to such implementation. (3) Briefing Not later than 120 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the findings of the review under paragraph (1). (d) Definitions In this section: (1) The term covered contractor means a current or prospective prime contractor of the Department of Defense. (2) The term military department has the meaning given in section 101 of title 10, United States Code. (3) The term indemnification request means a request for indemnification made by a covered contractor under section 2354 of title 10, United States Code, or Executive Order 10789, as amended, pursuant to public Law 85–804 ( 50 U.S.C. 1431 et seq. ) that includes sufficient supporting justification to support a determination as required under those provisions. (4) The term Secretary concerned means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy; and (C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force. (5) The term unusually hazardous risk means risk of burning, explosion, detonation, flight or surface impact, or toxic or hazardous material release associated with one or more of the following products or programs: (A) Products or programs relating to any hypersonic weapon system, including boost glide vehicles and air-breathing propulsion systems. (B) Products or programs relating to rocket propulsion systems, including, at a minimum, with respect to rockets, missiles, launch vehicles, rocket engines or motors or hypersonic weapons systems using either a solid or liquid high energy propellant inclusive of any warhead, if any, in excess of 1000 pounds of the chemical equivalent of TNT. (C) Products or programs relating to the introduction, fielding or incorporating of any item containing high energy propellants, inclusive of any warhead, if any, in excess of 1000 pounds of the chemical equivalent of TNT into any ship, vessel, submarine, aircraft, or spacecraft. (D) Products or programs relating to a classified program where insurance is not available due to the prohibition of disclosure of classified information to commercial insurance providers, and without such disclosure access to insurance is not possible. (E) Any other product or program for which the contract under which the product or program is carried out includes a risk that the contract defines as unusually hazardous. 1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands (a) Study The Public Interest Declassification Board established by section 703 of the Public Interest Declassification Act of 2000 ( 50 U.S.C. 3355a ) shall conduct a study on the feasibility of carrying out a declassification review relating to nuclear weapons, chemical weapons, or ballistic missile tests conducted by the United States in the Marshall Islands, including with respect to cleanup activities and the storage of waste relating to such tests. (b) Report Not later than 90 days after the date of the enactment of this Act, the Board shall submit to the Secretary of Defense, the Secretary of Energy, and the congressional defense committees a report containing the findings of the study conducted under subsection (a). The report shall include the following: (1) The feasibility of carrying out the declassification review described in such subsection. (2) The resources required to carry out the declassification review. (3) A timeline to complete such the declassification review. (4) Any other issues the Board determines relevant. (c) Comments The Secretary of Defense and the Secretary of Energy may submit to the congressional defense committees any comments the respective Secretary determines relevant with respect to the report submitted under subsection (b). (d) Assistance The Secretary of Defense and Secretary of Energy shall each provide to the Board such assistance as the Board requests in conducting the study under subsection (a). 1686. Protection of Major Range and Test Facility Base The Secretary of Defense may authorize, consistent with the authorities of the Secretary, such actions as are necessary to mitigate threats posed by space-based assets to the security or operation of the Major Range and Test Facility Base (as defined in section 196(i) of title 10, United States Code). 1687. Congressional Commission on the Strategic Posture of the United States (a) Establishment There is established in the legislative branch a commission to be known as the Congressional Commission on the Strategic Posture of the United States (in this section referred to as the Commission ). The purpose of the Commission is to examine and make recommendations to the President and Congress with respect to the long-term strategic posture of the United States. (b) Composition (1) Membership The Commission shall be composed of 12 members appointed as follows: (A) One by the Speaker of the House of Representatives. (B) One by the minority leader of the House of Representatives. (C) One by the majority leader of the Senate. (D) One by the minority leader of the Senate. (E) Two by the chairperson of the Committee on Armed Services of the House of Representatives. (F) Two by the ranking minority member of the Committee on Armed Services of the House of Representatives. (G) Two by the chairperson of the Committee on Armed Services of the Senate. (H) Two by the ranking minority member of the Committee on Armed Services of the Senate. (2) Qualifications (A) In general The members appointed under paragraph (1) shall be from among individuals who— (i) are United States citizens; (ii) are not officers or employees of the Federal Government or any State or local government; and (iii) have received national recognition and have significant depth of experience in such professions as governmental service, law enforcement, the Armed Forces, law, public administration, intelligence gathering, commerce (including aviation matters), or foreign affairs. (B) Political party affiliation Not more than six members of the Commission may be appointed from the same political party. (3) Deadline for appointment (A) In general All members of the Commission shall be appointed under paragraph (1) not later than 45 days after the date of the enactment of this Act. (B) Effect of lack of appointments by appointment date If one or more appointments under paragraph (1) is not made by the date specified in subparagraph (A)— (i) the authority to make such appointment or appointments shall expire; and (ii) the number of members of the Commission shall be reduced by the number of appointments not made by that date. (4) Chairperson; vice chairperson (A) Chairperson The chairpersons of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as chairperson of the Commission. (B) Vice chairperson The ranking minority members of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as vice chairperson of the Commission. (5) Activation (A) In general The Commission— (i) may begin operations under this section on the date on which not less than 2/3 of the members of the Commission have been appointed under paragraph (1); and (ii) shall meet and begin the operations of the Commission as soon as practicable after the date described in clause (i). (B) Subsequent meetings After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. (6) Quorum Eight members of the Commission shall constitute a quorum. (7) Period of appointment; vacancies Members of the Commission shall be appointed for the life of the Commission. A vacancy in the Commission does not affect the powers of the Commission and shall (except as provided by paragraph (3)(B)) be filled in the same manner in which the original appointment was made. (8) Removal of members (A) In general A member of the Commission may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of the member under paragraph (1), provided that notice is first provided to that official of the cause for removal, and removal is voted and agreed upon by 3/4 of the members of the Commission. (B) Vacancies A vacancy created by the removal of a member of the Commission under subparagraph (A) does not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (c) Duties (1) Review The Commission shall conduct a review of the strategic posture of the United States, including a strategic threat assessment and a detailed review of nuclear weapons policy, strategy, and force structure and factors affecting the strategic stability of near-peer competitors of the United States. (2) Assessment and recommendations (A) Assessment The Commission shall assess— (i) the benefits and risks associated with the current strategic posture and nuclear weapons policies of the United States; (ii) factors affecting strategic stability that relate to the strategic posture; and (iii) lessons learned from the findings and conclusions of the Congressional Commission on the Strategic Posture of the United States established by section 1062 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 319) and other previous commissions and previous Nuclear Posture Reviews. (B) Recommendations The Commission shall make recommendations with respect to— (i) the most appropriate strategic posture; (ii) the extent to which capabilities other than nuclear weapons can contribute to or detract from strategic stability; and (iii) the most effective nuclear weapons strategy for strategic posture and stability. (d) Report and briefing required (1) In general Not later than December 31, 2022, the Commission shall submit to the President and the Committees on Armed Services of the Senate and the House of Representatives a report on the Commission’s findings, conclusions, and recommendations. (2) Elements The report required by paragraph (1) shall include— (A) the recommendations required by subsection (c)(2)(B); (B) a description of the military capabilities and force structure necessary to support the nuclear weapons strategy recommended under that subsection, including nuclear, nonnuclear kinetic, and nonkinetic capabilities that might support the strategy, and other factors that might affect strategic stability; (C) a description of the nuclear infrastructure (that is, the size of the nuclear complex) required to support the strategy and the appropriate organizational structure for the nuclear security enterprise; (D) an assessment of the role of missile defenses in the strategy; (E) an assessment of the role of cyber defense capabilities in the strategy; (F) an assessment of the role of space systems in the strategy; (G) an assessment of the role of nonproliferation programs in the strategy; (H) an assessment of the role of nuclear arms control in the strategy; (I) an assessment of the political and military implications of the strategy for the United States and its allies; and (J) any other information or recommendations relating to the strategy (or to the strategic posture) that the Commission considers appropriate. (3) Interim briefing Not later than 180 days after the deadline for appointment of members of the Commission specified in subsection (b)(3)(A), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the review, assessments, and recommendations required by subsection (c), including a discussion of any interim recommendations. (e) Information from Federal agencies (1) In general The Commission may secure directly from the Department of Defense, the National Nuclear Security Administration, the Department of State, or the Office of the Director of National Intelligence information, suggestions, estimates, and statistics for the purposes of this section. Each of such agency shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon receiving a request made by— (A) the chairperson of the Commission; (B) the chairperson of any subcommittee of the Commission created by a majority of members of the Commission; or (C) any member of the Commission designated by a majority of the Commission for purposes of making requests under this paragraph. (2) Receipt, handling, storage, and dissemination Information, suggestions, estimates, and statistics provided to the Commission under paragraph (1) may be received, handled, stored, and disseminated only by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (f) Assistance from Federal agencies In addition to information, suggestions, estimates, and statistics provided under subsection (e), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as those departments and agencies may determine advisable and as may be authorized by law. (g) Compensation and travel expenses (1) Status as Federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the requirements relating to supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees. (2) Compensation Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (3) Travel expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (h) Staff (1) Executive director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (2) Pay The Executive Director appointed under paragraph (1) may, with the approval of the Commission, appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (i) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (j) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (k) Authority to accept gifts (1) In general The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority under this paragraph does not extend to gifts of money. (2) Documentation; conflicts of interest The Commission shall document gifts accepted under the authority provided by paragraph (1) and shall avoid conflicts of interest or the appearance of conflicts of interest. (3) Compliance with congressional ethics rules Except as specifically provided in this section, a member of the Commission shall comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and the House of Representatives, respectively. (l) Postal services The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (m) Commission support Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to provide appropriate staff and administrative support for the activities of the Commission. (n) Expedition of security clearances The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the Commission by offices of the Senate and the House of Representatives, respectively, under processes developed for the clearance of legislative branch employees. (o) Legislative advisory committee The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act ). (p) Funding Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $7,000,000 shall be made available to the Commission to carry out its duties under this section. Funds made available to the Commission under the preceding sentence shall remain available until expended. (q) Termination (1) In general The Commission, and all authorities under this section, shall terminate on the date that is 90 days after the Commission submits the final report required by subsection (d). (2) Administrative actions before termination The Commission may use the 90-day period described in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress with respect to and disseminating the report required by subsection (d). 1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA (a) Definitions; effective date; applicability (1) Definitions In this section, the terms FY2021 NDAA and such Act mean the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) Amendments to apply pre-transfer of defense acquisition statutes The amendments made by subsections (b), (i), and (j) through (v) shall apply as if included in the enactment of title XVIII of the FY2021 NDAA as enacted. (3) Amendments to take effect post-transfer of defense acquisition statutes The amendments made by subsections (c) through (h) and (w) shall take effect immediately after the amendments made by title XVIII of the FY2021 NDAA have taken effect. Sections 1883 through 1885 of the FY2021 NDAA shall apply with respect to the transfers, redesignations, and amendments made under such subsections as if such transfers, redesignations, and amendments were made under title XVIII of the FY2021 NDAA. (4) Reorganization regulation update notice Section 1801(d)(3)(B)(i) of FY2021 NDAA is amended by inserting and provides public notice that such authorities have been revised and modified pursuant to such paragraph after paragraph (2). (5) Savings provision relating to transfer and reorganization of defense acquisition statutes If this Act is enacted after December 31, 2021, notwithstanding section 1801(d)(1) of the FY2021 NDAA, the amendments made by title XVIII of the FY2021 NDAA shall take effect immediately after the enactment of this Act. (b) Technical corrections to title XVIII of FY2021 NDAA Title XVIII of the FY2021 NDAA is amended as follows: (1) Section 1806(a) is amended in paragraph (4) by striking Transfer and all that follows through and amended and inserting the following: Restatement of section 2545(1).— Section 3001 of such title, as added by paragraph (1), is further amended by inserting after subsection (b), as transferred and redesignated by paragraph (3), a new subsection (c) having the text of paragraph (1) of section 2545 of such title, as in effect on the day before the date of the enactment of this Act, revised. (2) Section 1807 is amended— (A) in subsection (b)(1), by striking new sections and inserting new section ; (B) in subsection (c)(3)(A)— (i) by striking the semicolon and close quotation marks at the end of clause (i) and inserting close quotation marks and a semicolon; and (ii) by striking by any in the matter to be inserted by clause (ii); and (C) in subsection (e)— (i) by striking of this title in the matter to be inserted by paragraph (2)(B); and (ii) by striking Sections in the quoted matter before the period at the end of paragraph (3) and inserting For purposes of. (3) Section 1809(e) is amended by striking subparagraph (B) of paragraph (2) (including the amendment made by that subparagraph). (4) Section 1811 is amended— (A) in subsection (c)(2)— (i) in subparagraph (B), by striking the comma before the close quotation marks in both the matter to be stricken and the matter to be inserted; and (ii) in subparagraph (D), by inserting a comma after 3901 in the matter to be inserted; (B) in subsection (d)(3)(B)— (i) by striking the dash after mobilization in the matter to be inserted by clause (ii) and inserting a semicolon; and (ii) by striking the dash after center in the matter to be inserted by clause (iv) and inserting ; or ; (C) in subsection (d)(4)(D), by striking this in the matter to be stricken by clause (ii) and inserting This ; (D) in subsection (d)(5)(A), by striking inserting and all that follows through ; and and inserting inserting Offer requests to potential sources.— before The head of an agency ; and ; (E) in subsection (d)(6)(A), in the matter to be inserted— (i) by striking the close quotation marks after Procedures.— ; and (ii) by striking the comma after (7) ; and (F) in subparagraphs (C)(ii) and (E)(ii) of subsection (e)(3), by striking and (ii) each place it appears and inserting and (iii). (5) Section 1813 is amended in subsection (c)(1)(D) by inserting and inserting after the first close quotation marks. (6) Section 1816(c) is amended— (A) in paragraph (5)— (i) in subparagraph (C)— (I) by striking the second sentence and inserting the second and third sentences ; and (II) by striking subsection (d) and inserting subsections (d) and (e), respectively ; and (ii) by striking subparagraph (G) and inserting the following: (G) in subsection (d), as so designated, by inserting Notice of award.— before The head of ; and (H) in subsection (e), as so designated, by striking This subparagraph does not and inserting Exception for perishable subsistence items.— Subsections (c) and (d) do not. ; and (B) in paragraph (7)(J)(ii), in the matter to be inserted, by inserting under before this section. (7) Section 1818 is amended by striking the close quotation marks and second period at the end of subsection (b). (8) Section 1820 is amended— (A) in subsection (a), in the matter to be inserted, by striking the item relating to section 3404 and inserting the following new item: 3404. Reserved. ; (B) in subsection (c)(3)(A), by striking section in the matter to be stricken; and (C) in subsection (d)(4)(B), by inserting section before 3403(b) in the matter to be inserted. (9) Section 1821 is amended in subsection (b)(5) by striking subsection (b)(2)(B)(i) and inserting subsection (c)(2)(B)(i). (10) Section 1831 is amended— (A) in subsection (b), by striking redesignated as subsection (a), and and inserting amended by striking the subsection designation and subsection heading, and further ; (B) in subsection (c)(2)(A), in the matter to be stricken, by striking the and inserting The ; (C) in subsection (c)(2)(D)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; (D) in subsection (c)(2)(E)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; and (iii) by inserting and after the semicolon at the end; (E) in subsection (c)(2)(F)— (i) by striking clauses (ii) through (v); and (ii) in the matter preceding clause (i), by striking as so redesignated and all that follows through by inserting and inserting as so redesignated, by inserting ; and (iii) by striking the semicolon at the end and inserting a period; (F) in subsection (c)(4)(A), by striking the matter proposed to be inserted and inserting Certification.— ; (G) in subsection (c)(8)— (i) by striking subparagraph (C); and (ii) in subparagraph (B), by adding and at the end; (H) in subsection (h), by striking such section 3706 in paragraphs (2) and (3) and inserting such section 3707 ; and (I) in subsection (j)— (i) in paragraph (3), in the matter to be inserted, by striking 3701–3708 and inserting 3701 through 3708 ; and (ii) by striking paragraphs (4) and (5). (11) Section 1832(i)(7)(F)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vi) in subparagraph (B) (as so redesignated), by striking paragraph (1) and inserting subsection (b).. (12) Section 1833 is amended— (A) in subsection (n), in the section heading for section 3791, by striking department of defense and inserting Department of Defense ; and (B) in subsection (o)(2), by striking Section and as section and inserting Sections and as sections , respectively. (13) Section 1834(h)(2) is amended by striking section 3801(1) in the matter to be inserted and inserting section 3801(a). (14) Section 1845(c)(2) is amended by striking section in the matter to be stricken and inserting sections. (15) Section 1846 is amended— (A) in subsection (f)(6)(A), in the matter to be inserted, by inserting a period after Oversight ; (B) in subsection (i)(3), by striking Section 1706(c)(1) and inserting Section 1706(a) ; and (C) by adding at the end the following: (j) Further cross-reference amendment Section 1706(a) of title 10, United States Code, is further amended by striking section 2430(a)(1)(B) and inserting section 4201(a)(2).. (16) Section 1847 is amended— (A) in the table of subchapters to be inserted by subsection (a), by striking the item relating to the second subchapter III (relating to contractors) and inserting the following: V. Contractors 4291 ; and (B) in subsection (e)(3)(A), by inserting section before 4376(a)(1) in the matter to be inserted. (17) Section 1848(d) is amended by striking paragraph (2). (18) Section 1850(e)(2) is amended by inserting transferred and before redesignated. (19) Section 1856 is amended— (A) in subection (f)(5)(A), in the matter to be inserted, by striking the comma at the end; and (B) in subsection (h), by striking subsection (d) and inserting subsection (g). (20) Section 1862(c)(2) is amended by striking section 4657 and inserting section 4658. (21) Section 1866 is amended— (A) in subsection (c)— (i) in paragraph (1), by inserting and at the end; (ii) in paragraph (2), by striking ; and at the end and inserting a period; and (iii) by striking paragraph (3) (including the amendment made by that paragraph); and (B) in subsection (d), by striking 4817 in the matter to be inserted by paragraph (4)(A)(ii) and inserting 4818. (22) Section 1867(d) is amended— (A) in paragraph (3), by striking Section 4814 and inserting Section 4814(a) ; (B) by amending paragraph (5) to read as follows: (5) Section 4818 is amended in subsection (a)— (A) by striking of this chapter and inserting of chapters 381 through 385 and chapter 389 ; and (B) by striking under this chapter and inserting under such chapters. ; and (C) by adding at the end the following new paragraph: (7) Section 4817(d)(1) is amended by striking this chapter and inserting chapters 381 through 385 and chapter 389.. (23) Section 1870(c)(3) is amended— (A) by inserting after subparagraph (A) the following new subparagraph: (B) in each of paragraphs (4) and (5) of subsection (d), by striking section 2500(1) and inserting section 4801(1) ; ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (C) in subparagraph (D) (as so redeisgnated), by striking of the first subsection (k) (relating to Limitation on certain procurements application process ), and inserting of subsection (j),. (24) Section 1872(a) is amended in each of paragraphs (5) through (11) by striking chapter 385 of such title, as amended and inserting chapter 388 of such title, as added. (c) Conforming amendments to provisions of title 10, United States Code, that are transferred and redesignated by title XVIII of the FY2021 NDAA Title 10, United States Code, as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows: (1) Section 3221 of title 10, United States Code, as added by subsection (a) and amended by subsection (b) of section 1812 of such Act, is amended in subsection (c) by striking under this section and inserting under this chapter. (2) Section 3223 of such title, as added by subsection (a) and amended by subsection (d) of section 1812 of such Act, is amended by striking under this section in paragraph (2) and inserting under this chapter. (3) Section 3702 of such title, as added and amended by section 1831 of such Act, is amended— (A) in subsection (a)(3) by striking under this section in the matter preceding subparagraph (A) and inserting under this chapter ; and (B) in subsection (d), by striking this section and inserting this chapter. (4) Section 4375 of such title, as added by subsection (a) and amended by subsection (i) of section 1850 of such Act, is amended in subsection (d)(7)— (A) by striking under the program (i) expressed as and inserting under the program— (A) expressed as ; and (B) by striking or subprogram, and (ii) expressed as and inserting “or subprogram; and (B) expressed as. (d) Cross-reference amendments within transferred sections Title 10, United States Code, as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows: (1) Section 3131 of title 10, United States Code, as transferred and redesignated by section 1809(b) of such Act, is amended in subsection (b)(1) by striking section 2353 and inserting section 4141. (2) Section 3137 of such title, as transferred and redesignated by section 1809(h)(1) of such Act, is amended in subsection (b)(2) by striking section 2330a and inserting section 4505. (3) Section 3203 of such title, as added by paragraph (1) and amended by paragraph (2) of section 1811(d)(2) of such Act, is amended in subsection (c) by striking paragraphs (1) and (2) and inserting subsections (a)(1) and (b). (4) Section 3206 of such title, as added by paragraph (1) and amended by paragraphs (2) and (3) of section 1811(e)(2) of such Act, is amended in subsection (a)(3) by striking subparagraphs (A) and (B) in the matter preceding subparagraph (A) and inserting paragraphs (1) and (2). (5) Section 3221 of such title, as added by subsection (a) and amended by subsection (b) of section 1812 of such Act, is amended in subsection (b)(2) by striking chapter 144 before of this title and inserting chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328. (6) Section 3862 of such title, as transferred and redesignated by section 1836(b) of such Act, is amended in subsection (b) by striking section 2303(a) and inserting section 3063. (7) Section 4008 of such title, as transferred and redesignated by section 1841(c) of such Act, is amended by striking section 2303(a) in subsections (a) and (d) and inserting section 3063. (8) Section 4061 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended in subsection (b)(5) by striking section 2302e and inserting section 4004. (9) Section 4062 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended— (A) in subsection (c)(4)(A)— (i) in clause (i), by striking section 2433(d) and inserting section 4374 ; and (ii) in clause (ii), by striking section 2433(e)(2)(A) and inserting section 4375(b) ; (B) in subsection (j), by striking chapter 137 and inserting sections 3201 through 3205 ; and (C) in subsection (k)(2), by striking (as defined in section 2302(5) of this title). (10) Section 4171 of such title, as transferred and redesignated by section 1845(b) of such Act, is amended in subsection (a)(2)— (A) in subparagraph (A), by striking within the meaning and all that follows through this title ; and (B) in subparagraph (B), by striking under and all that follows through this title and inserting under section 4203(a)(1) of this title. (11) Section 4324 of such title, as amended by section 802(a) and transferred and redesignated by section 1848(d)(1) of such Act, is amended in subsection (d)— (A) in paragraph (5), by striking section 2430 in subparagraph (A) and section 2430(a)(1)(B) in subparagraph (B) and inserting section 4201 and section 4201(a)(2) of this title , respectively; (B) in paragraph (6), by striking section 2366(e)(7) and inserting section 4172(e)(7) ; and (C) in paragraph (7), by striking section 2431a(e)(5) and inserting section 4211(e)(3). (12) Section 4375 of such title, as added by subsection (a) and amended by subsection (h) section 1850), is amended in subsection (c)(2)— (A) in subparagraph (A), by striking or (b)(2) ; and (B) in subparagraph (B)— (i) by striking or (b)(2) ; and (ii) by striking subsection (b)(1) and inserting section 4376. (13) Section 4505 of such title, as transferred and redesignated by section 1856(g) of such Act, is amended by striking section 2383(b)(3) in subsection (h)(2) and inserting section 4508(b)(3). (14) Section 4660 of such title, as transferred and redesignated by section 1862(b) of such Act, is amended by striking section 2324 in subsection (c)(2) and inserting subchapter I of chapter 273. (15) Section 4814 of such title, as transferred and redesignated by section 1867(b) of such Act, is amended by striking subchapter V of chapter 148 in paragraph (5) of subsection (a), as added by section 842(a)(2) of such Act, and inserting chapter 385. (16) Section 4819 of such title, as transferred and redesignated by section 1867(b) of such Act and amended by section 843 of such Act, is amended in subsection (b)(2)— (A) in subparagraph (C)(xi), by striking section 2339a and inserting section 3252 ; and (B) in subparagraph (E)— (i) in clause (i), by striking (as defined in section 2500(1) of this title) ; (ii) in clause (ii), by striking section 2533a and inserting section 4862 ; and (iii) in clause (v), by striking section 2521 and inserting sections 4841 and 4842. (17) Section 4862 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended by striking section 2304(c)(2) in subsection (d)(4) and inserting section 3204(a)(2). (18) Section 4863 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended— (A) in subsection (c)(2), by striking section 2304(c)(2) and inserting section 3204(a)(2) ; and (B) in subsection (f), by striking section 2304(g) and inserting section 3205. (19) Section 4981 of such title, as transferred by subsection (b) and redesignated by subsection (c) of section 1873 of such Act, is amended by striking section 2501(a) in subsection (a) and inserting section 4811(a). (e) Disposition of new title 10 acquisition provisions added by the FY2021 NDAA (1) Transfer of new section 2339c (A) Transfer Section 2339c of title 10, United States Code, as added by section 803 of the FY2021 NDAA, is transferred to chapter 873 of such title, inserted after section 8754, and redesignated as section 8755, and amended in subsection (d)(3) by striking section 2430 and inserting section 4201. (B) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 8755. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts.. (2) Transfer of new section 2533d (A) Transfer Section 2533d of title 10, United States Code, as added by section 841(a) of the FY2021 NDAA, is transferred to chapter 385 of such title, inserted after section 4872 of subchapter III of such chapter, redesignated as section 4873, and amended in subsection (a)(2) by striking section 2338 and inserting section 3573. (B) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4872 the following new item: 4873. Additional requirements pertaining to printed circuit boards.. (3) Transfer of new section 2358c (A) Transfer Section 2358c of title 10, United States Code, as added by section 1115(a) of the FY2021 NDAA, is transferred to subchapter II of chapter 303 of such title, as added by section 1842(a) of the FY2021 NDAA, inserted after section 4093, as transferred and redesignated by section 1843(a) (as amended by this section), and redesignated as section 4094. (B) Clerical amendments The table of sections at the beginning of such chapter, as added by section 1842(a) of the FY2021 NDAA (as amended by this section), is amended by inserting after the item relating to section 4093 the following new item: 4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories.. (4) Transfer of new section 2374b (A) Transfer Section 2374b of title 10, United States Code, as added by section 212(a)(1) of the FY2021 NDAA, is transferred to subchapter II of chapter 301 of such title, added at the end of such subchapter, and redesignated as section 4027. (B) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4027. Disclosure requirements for recipients of research and development funds.. (f) Amendments to tables of sections Title 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 136 is amended by striking the item relating to section 2283. (2) The table of sections at the beginning of chapter 165 is amended by striking the item relating to section 2784. (3) The table of sections at the beginning of chapter 203, as added by section 1807(a) of the FY2021 NDAA, is amended in the item relating to section 3064 by inserting of after Applicability. (4) The table of sections at the beginning of chapter 223, as added by section 1813(a) of such Act, is amended by striking the item relating to section 3248 and inserting the following new item: 3248. Reserved.. (5) The table of sections at the beginning of subchapter II of chapter 273, as added by section 1832(j) of such Act, is amended by striking the items relating to sections 3764 and 3765. (6) The table of sections at the beginning of subchapter III of chapter 275, as added by section 1833(n) of such Act, is amended by striking the item relating to section 3792 and inserting the following new item: 3792. Reserved.. (7) The table of sections at the beginning of subchapter I of chapter 322, as added by section 1847(a), is amended by striking the item relating to section 4212 and inserting the following new item: 4212. Risk management and mitigation in major defense acquisition programs and major systems.. (8) The table of sections at the beginning of subchapter II of chapter 322, as added by section 1847(a), is amended by striking the item relating to section 4232 and inserting the following new item: 4232. Prohibition on use of lowest price technically acceptable source selection process.. (9) The table of sections at the beginning of chapter 323, as added by section 1848(a), is amended by striking the item relating to section 4324 and inserting the following new item: 4324. Life-cycle management and product support.. (10) The table of sections at the beginning of chapter 382, as added by section 1867(a) of such Act, is amended by striking the item relating to section 4814 and inserting the following new item: 4814. National technology and industrial base: annual report and quarterly briefings.. (g) Amendments to tables of chapters The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended— (1) in the items for chapters 203, 205, and 207, by striking the section number at the end of each item and inserting 3061 , 3101 , and 3131 , respectively; (2) by striking the item for chapter 247 and inserting the following: 247. Procurement of Commercial Products and Commercial Services 3451 ; (3) in the item for chapter 251, by striking the section number at the end and inserting 3571 ; (4) by striking the item for chapter 257 and inserting the following: 257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat Vehicles 3671 258. Other Types of Contracts Used for Procurements for Particular Purposes 3681 ; and (5) by striking the last word in the item for the heading for subpart D and inserting Provisions. (h) Amendments to headings Subtitle A of title 10, United States Code, is amended as follows: (1) The heading of subpart D of part V is amended to read as follows: D General Contracting Provisions . (2) The heading of subchapter II of chapter 273, as added by section 1832(j) of the FY2021 NDAA, is amended to read as follows: II Other Allowable Cost Provisions . (i) Amendments to delete headings from sections specified as Reserved Title XVIII of the FY2021 NDAA is amended as follows: (1) Chapter 201 The matter inserted by section 1806(a)(1) is amended— (A) in each of the items relating to sections 3003 and 3005 in the table of sections at the beginning of subchapter I, by striking the text after the section designation and inserting Reserved. ; (B) by striking section 3003 and inserting the following: 3003. Reserved ; and (C) by striking section 3005 and inserting the following: 3005. Reserved . (2) Chapter 209 (A) In the table of contents for chapter 209 inserted by section 1810(a), by striking the text after the subchapter II designation and inserting Reserved. (B) Section 1810(d) is amended to read as follows: (d) Additional subchapter Chapter 209 of title 10, United States Code, is amended by adding at the end the following new subchapter: II Reserved Sec. 3171. Reserved. 3172. Reserved. 3171. Reserved 3172. Reserved .. (3) Chapter 225 The matter inserted by section 1813(h) is amended by striking the text after the chapter designation and inserting Reserved. (4) Chapter 242 The matter inserted by section 1817(a) is amended— (A) in the item relating to section 3324 in the table of sections, by striking the text after the section designation and inserting Reserved. ; and (B) by striking section 3324 and inserting the following: 3324. Reserved . (5) Chapter 253 (A) The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the text after the chapter designation for chapter 253 in each place and inserting Reserved. (B) Section 1824 is amended— (i) in the matter inserted by subsection (a), by striking the text after the chapter designation and inserting Reserved ; and (ii) in the matter inserted by subsection (b), by striking the text after the chapter designation and inserting Reserved. (6) Chapter 272 The matter inserted by section 1831(k) is amended— (A) by striking the text after the chapter designation and inserting Reserved ; and (B) by striking all after the chapter heading and inserting the following: Sec. 3721. Reserved. 3722. Reserved. 3723. Reserved. 3724. Reserved. 3721. Reserved 3722. Reserved 3723. Reserved 3724. Reserved . (7) Chapter 279 (A) The matter inserted by section 1835(a) is amended in the table of sections by striking the text after the section designation in each of the items relating to sections 3843, 3844, and 3846 and inserting Reserved.. (B) Section 1835(e) is amended— (i) by striking the matter inserted by paragraph (1) and inserting the following: 3843. Reserved 3844. Reserved ; and (ii) by striking matter inserted by paragraph (2) and inserting the following: 3846. Reserved . (8) Chapter 283 (A) The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the text after the chapter designation for chapter 283 in each place and inserting Reserved. (B) Section 1837 is amended to read as follows: 1837. Reservation of chapter 283 Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended by striking chapter 283 and inserting the following: 283 Reserved .. (9) Chapter 343 Section 1856 is amended— (A) in the matter to be inserted by subsection (a), by striking the text following the designation of chapter 343 and inserting Reserved ; and (B) by amending the matter to be inserted by subsection (j) to read as follows: 343 Reserved Subchapter Sec. I. Reserved 4541 II. Reserved 4551 I Reserved Sec. 4541. Reserved. II Reserved Sec. 4551. Reserved.. (10) Chapter 387 Section 1871 is amended by amending the matter to be inserted by subsection (a)(2)— (A) by inserting after the item relating to subchapter I the following new item: II. Reserved 4991 ; and (B) by inserting after the item relating to section 4901 the following new item: II Reserved Sec. 4911. Reserved.. (j) Revised section relating to regulations Section 1807(b) of the FY2021 NDAA is amended in the matter to be inserted by paragraph (1), by striking shall prescribe and inserting is required by section 2202 of this title to prescribe. (k) Revised transfer of sections relating to multiyear contracts for acquisition of property Section 1822 of the FY2021 NDAA is amended as follows: (1) Revised sections In the matter to be inserted by subsection (a)— (A) in the table of sections for subchapter I, by striking the items relating to sections 3501 through 3511 and inserting the following: 3501. Multiyear contracts: acquisition of property. ; and (B) by striking the section headings for sections 3501 through 3511 and inserting the following: 3501. Multiyear contracts: acquisition of property . (2) Transfer of section 2306b Such section is further amended— (A) by striking subsections (b) through (l); and (B) by inserting after subsection (a) the following new section: (b) Transfer of section 2306b Section 2306b of title 10, United States Code, is transferred to section 3501 of such title, as added by subsection (a).. (3) Transfer of section 2306c Such section is further amended— (A) in the matter to be inserted by subsection (m)— (i) in the table of sections, by striking the items relating to sections 3531 through 3535 and inserting the following: 3531. Multiyear contracts: acquisition of services. ; and (ii) by striking the section headings for sections 3531 through 3535 and inserting the following: 3531. Multiyear contracts: acquisition of services ; (B) by redesignating such subsection (m) as subsection (c); (C) by striking subsections (n) through (s); (D) by adding after subsection (c) (as so redesignated) the following new subsection: (d) Transfer of section 2306c Section 2306c of title 10, United States Code, is transferred to section 3531 of such title, as added by subsection (c).. (4) Conforming redesignation Such section is further amended by redesignating subsection (t) as subsection (e). (l) Renaming of chapter 287 (1) Renaming of chapter Section 1838 of the FY2021 NDAA is amended— (A) in the section heading, by striking the penultimate word in the heading and inserting Other contracting ; and (B) by striking the penultimate word in the chapter heading in the matter inserted by subsection (a) and inserting Other Contracting. (2) Tables of chapters The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are amended by striking the item relating to chapter 287 and inserting the following new item: 287. Other Contracting Programs 3961. (m) Revised transfer of sections within chapter 388 (1) Transfer Section 1872(a) of title XVIII of the FY2021 NDAA, as amended by this section, is further amended— (A) by amending paragraph (2) to read as follows: (2) Transfer The text of section 2411 of title 10, United States Code, is transferred to section 4951 of such title, as added by paragraph (1). ; (B) by amending paragraph (3) to read as follows: (3) Transfer of section 2412 The text of section 2412 of title 10, United States Code, is transferred to section 4952 of such title, as added by paragraph (1). ; and (C) by amending paragraph (4) to read as follows: (4) Transfer of section 2420 The text of section 2420 of title 10, United States Code, is transferred to section 4953 of such title, as added by paragraph (1).. (2) Conforming amendments Such section 1872(a) is further amended— (A) in paragraph (5)— (i) by striking inserted after section 4951, redesignated as section 4952 and inserting inserted after section 4953, redesignated as section 4954 ; (ii) in the matter to be inserted by subparagraph (B)(ii), by striking section 4957(b) and inserting section 4959(b) ; (B) in paragraph (6)— (i) by striking section 4952 and inserting section 4954 ; (ii) by striking section 4953 and inserting section 4955 ; (iii) in the matter to be inserted by subparagraph (B), by striking section 4951(b)(1)(D) and inserting section 4951(1)(D) ; and (iv) in the matter to be inserted by subparagraph (C), by striking section 4957(b) and inserting section 4959(b) ; (C) in paragraph (7)— (i) by striking section 4953 and inserting section 4955 ; (ii) by striking section 4954 and inserting section 4956 ; (D) in paragraph (8)— (i) by striking section 4954 and inserting section 4956 ; (ii) by striking section 4955 and inserting section 4957 ; (E) in paragraph (9)— (i) by striking section 4955 and inserting section 4957 ; (ii) by striking section 4956 and inserting section 4958 ; (F) in paragraph (10)— (i) by striking section 4956 and inserting section 4958 ; (ii) by striking section 4957 and inserting section 4959 ; (G) in paragraph (11)— (i) by striking inserted after section 4957, as added by paragraph (10), and inserting added at the end of such chapter ; and (ii) by striking section 4959 and inserting section 4961. (3) Table of sections Section 1872(a)(B) of the FY2021 NDAA is amended by striking the matter to be inserted and inserting the following: 388 Procurement Technical Assistance Cooperative Agreement Program 4951. Definitions. 4952. Purposes. 4953. Regulations. 4954. Cooperative agreements. 4955. Funding. 4956. Distribution. 4957. Subcontractor information. 4958. Authority to provide certain types of technical assistance. 4959. Advancing small business growth. 4960. [Reserved]. 4961. Administrative and other costs. 4951. Definitions 4952. Purposes 4953. Regulations . (n) Revised section relating to Navy contract financing Title XVIII of the FY2021 NDAA is amended as follows: (1) Revised placement The matter to be inserted by section 1834(a) is amended— (A) in the table of sections, by adding at the following new item: 3808. Certain Navy contracts. ; and (B) by adding after the heading for section 3807 the following: 3808. Certain Navy contracts . (2) Transfer of section 2307(g) Section 1834 is further amended by adding at the end the following new subsection: (i) Transfer of subsection (g) of section 2307 (1) Transfer Subsection (g) of section 2307 of title 10, United States Code, is transferred to section 3808 of such title, as added by subsection (a), inserted after the section heading, and amended— (A) by striking the subsection designation and subsection heading; and (B) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c), respectively. (2) Revisions to new 3808(a) Subsection (a) of such section 3808, as so transferred and redesignated, is amended— (A) by inserting Repair, maintenance, or overhaul of naval vessels: rate for progress payments.— before The Secretary of the Navy ; and (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (3) Revisions to new 3808(b) Subsection (b) of such section 3808, as so transferred and redesignated, is amended— (A) by inserting Authority to advance funds for immediate salvage operations.— before The Secretary of the Navy ; and (B) by striking this paragraph in the second sentence and inserting this subsection. (4) Revisions to new 3808(c) Subsection (c) of such section 3808, as so transferred and redesignated, is amended by inserting Security for construction and conversion of naval vessels.— before The Secretary of the Navy. (5) Conforming amendment Section 8702(c) is amended by striking section 2307(g)(2) and inserting section 3808(b). ”. (3) Repeal of prior transfer Section 1876 is repealed. (o) Revised transfer relating to Selected Acquisition Reports (1) Transfer as single section (A) Subsection (a) section 1849 of the FY2021 NDAA is amended in the matter to be inserted by striking all after the chapter heading and inserting the following: Sec. 4351. Selected Acquisition Reports.. (B) Subsection (b) of such section 1849 is amended to read as follows: (b) Transfer of section 2432 Section 2432 of title 10, United States Code, is transferred to chapter 324 of such title, as added by subsection (a), and redesignated as section 4351.. (2) Conforming amendments (A) The section heading for section 1849 of the FY2021 NDAA is amended to read as follows: 1849. Selected Acquisition Reports . (B) Section 1849 of the FY2021 NDAA is amended in the matter to be inserted by striking the text after the chapter designation and inserting Selected Acquisition Reports. (3) Cross-reference amendments in section 4351(c) Subsection (c) of such section 1849 is amended to read as follows: (c) Cross-reference amendments in new section 4351(c) Subsection (c)(1) of such section, as so transferred and redesignated, is amended— (1) by striking section 2431 in subparagraph (A) and inserting section 4205 ; (2) by striking section 2433(a)(2) in subparagraph (B)(i) and inserting section 4371(a)(4) ; (3) by striking section 2435(d)(1) in subparagraph (B)(ii) and inserting section 4214(d)(1) ; (4) by striking section 2435(d)(2) in subparagraph (B)(iii) and inserting section 4214(d)(2) ; (5) by striking section 2432(e)(4) in subparagraph (B)(iv) and inserting section 4355(4) ; and (6) by striking section 2446a in subparagraph (G) and inserting section 4401. ”. (4) Cross-reference amendment in section 4351(h) Subsection (d) of such section 1849 is amended to read as follows: (d) Cross-reference amendment in new section 4351(h) Subsection (h)(2)(A) of such section, as so transferred and redesignated, is amended by striking section 2431 and inserting section 4205. ”. (5) Deletion of superseded amendments Such section 1849 is further amended— (A) by striking subsections (e) through (k); and (B) redesignating subsections (l) and (m) as subsections (e) and (f), respectively. (6) Conforming cross-reference amendments Title XVIII of the FY2021 NDAA is amended— (A) in section 1812— (i) in subsection (b)(2)(D), by striking section 4353(a) in the matter to be inserted and inserting section 4351(c)(1) ; and (ii) in subsection (f)(2)(C), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (B) in section 1846— (i) in subsection (f)(5)(C), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; and (ii) in subsection (g)(1), by striking section 4351 in the matter to be inserted and inserting section 4351(a) ; (C) in section 1847— (i) in subsection (b)(4)(B)(iii), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (ii) in subsection (c)(1)(A)(i), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; (iii) in subsection (d)(2)(C)(ii), by striking sections 4351 through 4358 in the matter to be inserted and inserting section 4351 ; and (iv) in subsection (e)(1)(A), by striking section 4351(2) in the matter to be inserted and inserting section 4351(a)(2) ; (D) in section 1849(f) (as so redesignated), by striking chapter 324 in the matter to be inserted and inserting section 4351 ; and (E) in section 1850— (i) in subsection (b)(3)(A)(ii), by striking section 4351 in the matter to be inserted and inserting section 4351(a) ; (ii) in subsection (c)(2), by striking section 4358 in the matter to be inserted and inserting section 4351(h) ; (iii) in subsection (e)(4)(A), by striking section 4352(c) in the matter to be inserted and inserting section 4351(b)(3) ; (iv) in subsection (h)(2)(C)(ii), by striking and inserting and all that follows through respectively and inserting and inserting section 4351(e) and section 4351(f) , respectively ; (v) in subsection (j)(3)(B)(ii), by striking section 4356(a) in the matter to be inserted and inserting section 4351(f) ; (vi) in subsection (k)(4)(D), by striking section 4352 in the matter to be inserted and inserting section 4351 ; and (vii) in subsection (k)(6)(D)(i)(II), by striking section 4356 in the matter to be inserted and inserting section 4351(f). (p) Transfer of sections 2196 & 2197 to chapter 384 (manufacturing technology) (1) Transfer Section 1869(d) of the FY2021 NDAA is amended— (A) by striking section 2522.— Section 2522 of title 10, United States Code, is and inserting Sections 2196, 2197, and 2522.— (1) Transfer Sections 2196, 2197, and 2522 of title 10, United States Code, are ; (B) by striking as section 4843 and inserting as sections 4843, 4844, and 4845, respectively ; and (C) by adding at the end the following new paragraph: (2) Conforming amendments Section 4844, as transferred and redesignated by paragraph (1), is amended in subsection (a)(6), by striking section 2196 and inserting section 4843.. (2) Tables of sections (A) Chapter 384 Section 1869(a) of the FY2021 NDAA is amended in the matter to be inserted by striking the item relating to section 4843 and inserting the following: 4843. Manufacturing engineering education program. 4844. Manufacturing experts in the classroom. 4845. Armament retooling and manufacturing.. (B) Chapter 111 The table of sections at the beginning of chapter 111 of title 10, United States Code, is amended by striking the items relating to sections 2196 and 2197. (q) Revised transfer of section 2358b Title XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of transfer to chapter 303 Section 1842(b) is amended— (A) by striking 2358b, ; and (B) by striking 4064,. (2) Transfer to chapter 87 Subtitle J of title XVIII of the FY2021 NDAA is amended by inserting after section 1878 the following new section: 1878A. Transfer of title 10 section relating to joint reserve detachment of Defense Innovation Unit (a) Transfer Section 2358b of title 10, United States Code, is transferred to subchapter V of chapter 87 of such title, inserted after section 1765, and redesignated as section 1766. (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 1766. Joint reserve detachment of the Defense Innovation Unit.. (r) Revised section relating to acquisition-related functions of chiefs of the armed forces Title XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of separate section for acquisitions functions of service chiefs Section 1847 is amended— (A) in the matter to be inserted by subsection (a), by striking the item relating to section 4274 in the table of sections for subchapter IV and inserting: 4274. Reserved. ; and (B) in subsection (e), by striking paragraphs (4), (5), and (6)(B). (2) Cross-reference amendment Section 1808(d) is amended by adding at the end the following new paragraph: (3) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and 9033(d)(5) of such title are amended by striking and 2547 and inserting and 3104. ”. (s) Revised transfer of section relating to national technology and industrial base Title XVIII of the FY2021 NDAA is amended as follows: (1) Deletion of previous transfer of section 2440 Section 1847(b)(2) is amended— (A) by striking Transfer of and all that follow through (B) ; and (B) by striking paragraph (3) in the matter to be inserted and inserting section 4820 of this title. (2) Revised transfer (A) Section 2440 of title 10, United States Code, as amended by section 846(b) of the FY2021 NDAA, is transferred to chapter 382 of such title, inserted after section 4819, and redesignated as section 4820. (B) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4820. National technology and industrial base plans, policy, and guidance.. (C) Such section 4820, as so transferred and redesignated, is amended— (i) in subsection (a), by striking section 2501 and inserting section 4811 ; and (ii) in subsection (b), by striking chapter 148 and inserting subchapters 381 through 385 and subchapter 389. (t) Revision of subchapter III of chapter 385 Section 1870(d) of the FY2021 NDAA is amended— (1) in the matter inserted by paragraph (1)— (A) by striking the items relating to sections 4871 and 4872 and inserting the following new items: 4871. Contracts: consideration of national security objectives. 4872. Acquisition of sensitive materials from non-allied foreign nations: prohibition. ; and (B) by adding after the item relating to section 4873, as added by this section, the following new item: 4874. Award of certain contracts to entities controlled by a foreign government: prohibition. ; (2) in paragraph (2)— (A) in the paragraph heading, by striking sections 2533c and 2536 and inserting sections 2327, 2533c, and 2536 ; (B) by striking sections 2533c and 2536 of title 10 and inserting sections 2327, 2533c, and 2536 of title 10 ; and (C) by striking sections 4871 and 4872 and inserting sections 4871, 4872, and 4874 ; (3) in paragraph (3)— (A) in subparagraph (A), by striking Section 4871 and inserting Section 4872 ; and (B) in the matter inserted by subparagraph (B), by striking 4871 and inserting 4872 ; and (4) in the matter inserted by paragraph (4), by striking section 4872(c)(1) and inserting section 4874(c)(1). (u) Restructuring of chapters of subpart E (research & engineering) Section 1841 of the FY2021 NDAA is amended as follows: (1) Revised subpart E The matter to be inserted by subsection (a)(2) is amended to read as follows: E Research and Engineering 301. Research and Engineering Generally 4001 303. Research and Engineering Activities 4061 305. Universities 4131 307. Test and Evaluation 4171. (2) Revised chapter 301 Section 1841 of the FY2021 NDAA is further amended as follows: (A) Revised table of sections The matter to be inserted by subsection (a)(1)(B) is amended— (i) by inserting after the item relating to chapter 301 the following: I General ; (ii) by striking the items relating to sections 4002, 4003, and 4004 and inserting the following: 4002. Reserved. 4003. Reserved. 4004. Contract authority for development and demonstration of initial or additional prototype units. ; (iii) by striking the items relating to sections 4008 and 4009 and inserting the following: 4008. Reserved. 4009. Reserved. ; and (iv) by striking the item relating to section 4015 and inserting the following: II Agreements 4021. Research projects: transactions other than contracts and grants. 4022. Authority of the Department of Defense to carry out certain prototype projects. 4023. Procurement for experimental purposes. 4024. Merit-based award of grants for research and development. 4025. Prizes for advanced technology achievements. 4026. Cooperative research and development agreements under Stevenson-Wydler Technology.. (B) Revised transfer of title 10 sections Subsection (b)(1) is amended— (i) by inserting 2302e, 2359, after 2358, ; (ii) by striking and 2373 and inserting , 2373, 2374, 2374a, and 2371a ; (iii) by striking 4002, 4003, and ; and (iv) by inserting , 4007, 4021, 4022, 4023, 4024, 4025, and 4026 before , respectively. (C) Technical amendment Subsection (b)(2)(A)(i) is amended by striking by striking and all that follows through the semicolon at the end and inserting by striking section 2371 or 2371b and inserting section 4021 or 4022 ;. (D) Designation of subchapters Subsection (c) is amended to read as follows: (c) Designation of subchapters Chapter 301 of such title, as added by subsection (a), is amended— (1) by inserting before section 4001, as transferred and redesignated by subsection (b)(1), the following: I General ; and (2) by inserting before section 4021, as transferred and redesignated by subsection (b)(1), the following: II Agreements .. (E) Revised transfer of section 2364(a) Subsection (d)(1) is amended by striking section 4009 and inserting section 4007. (F) Revised cross-reference amendments (i) Subsection (b)(2) is amended— (I) in subparagraph (A)(ii), by striking sections 4004 in the matter to be inserted and inserting section 4023 ; (II) in subparagraph (A)(iii), by striking sections 4002 and 4143 in the matter to be inserted and inserting sections 4021 and 4026 ; (III) in subparagraph (B), by striking Section 4002 and inserting Section 4021 ; (IV) in subparagraph (C)— (aa) by striking Section 4003 and inserting Section 4022 ; and (bb) by striking section 4002 in the matter to be inserted and inserting section 4021 ; and (V) by adding at the end the following new subparagraph: (D) Section 4004 of such title, as so transferred and redesignated, is amended by striking section 2302(2)(B) in subsection (a) and inserting section 3012(2).. (ii) Subsection (e)(2) is amended by striking section 4003 in the matter to be inserted and inserting section 4022. (3) Revised chapter 303, subchapter I Section 1842 of the FY2021 NDAA is amended as follows: (A) Revised heading and table of sections The matter to be inserted by subsection (a) is amended to read as follows: 303 Research and Engineering Activities Subchapter I—General Sec. 4061. Defense Research and Development Rapid Innovation Program. 4062. Defense Acquisition Challenge Program. 4063. Reserved. 4064. Reserved. 4065. Reserved. 4066. Global Research Watch Program. 4067. Technology protection features activities. Subchapter II—Personnel 4091. Authorities for certain positions at science and technology reinvention laboratories. 4092. Personnel management authority to attract experts in science and engineering. 4093. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program. Subchapter III—Research and Development Centers and Facilities 4121. Reserved. 4122. Reserved. 4123. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. 4124. Centers for Science, Technology, and Engineering Partnership. 4125. Functions of Defense research facilities. 4126. Use of federally funded research and development centers. I General II Personnel III Research and Development Centers and Facilities . (B) Transfer of title 10 sections to subchapter i Subsection (b) is amended— (i) by striking 2361a and all that follows through 2365 and inserting 2365, and 2357 ; (ii) by striking after the table of sections and inserting after the heading for subchapter I ; and (iii) by striking 4063 and all that follows through 4066 and inserting 4066, and 4067. (C) Revised cross-reference amendment Subsection (c)(1) is amended by striking section 4065 in the matter to be inserted and inserting section 4025. (4) Revised chapter 303, subchapters ii & iii (A) In general Section 1843 of the FY2021 NDAA is amended by striking the section heading and subsections (a) and (b) and inserting the following: 1843. Personnel; research and development centers and facilities (a) Transfer of title 10 sections to subchapter ii Sections 2358a, 1599h, and 2192a of title 10, United States Code, are transferred to subchapter II of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4091, 4092, and 4093, respectively. (b) Transfer of title 10 sections to subchapter iii (1) In general Sections 2363, 2368, and 2367 of title 10, United States Code, are transferred to subchapter III of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4123, 4124, and 4126, respectively. (2) Transfer of section 2364(b) and (c) (A) Heading Such subchapter III is further amended by inserting after section 4124, as transferred and redesignated by paragraph (1), the following: 4125. Functions of Defense research facilities . (B) Text Subsections (b) and (c) of section 2364 of such title are transferred to such subchapter, inserted after the section heading for section 4125, as added by subparagraph (A), and redesignated as subsections (a) and (b), respectively.. (B) Revised cross-reference amendment Subsection (c) of such section 1843 is amended by striking section 4103(a) in the matter to be inserted and inserting section 4123(a). (C) Conforming amendments to transferred section Such section 1843 is further amended by adding at the end the following new subsection: (d) Conforming amendments to transferred section Section 4124 of such title, as transferred and redesignated by subsection (b)(1), is amended in subsection (b)(3)(B)(ii), by striking 2358, 2371, 2511, 2539b, and 2563 and inserting 2563, 4001, 4021, 4831, and 4062.. (5) Revised chapter 305 (A) New chapter 305 Subsection (a) of section 1844 of the FY2021 NDAA is amended— (i) by striking chapter 305, as added by the preceding section and inserting chapter 303, as added by section 1842 ; and (ii) by striking the matter inserted by that subsection and inserting: 305 Universities Sec. 4141. Award of grants and contracts to colleges and universities: requirement of competition. 4142. Extramural acquisition innovation and research activities. 4143. Research and development laboratories: contracts for services of university students. 4144. Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education.. (B) Transfer of title 10 sections to new chapter 305 Such section is further amended by striking subsections (b), (c), (d), and (e) and inserting the following: (b) Transfer of title 10 sections Sections 2361, 2361a, 2360, and 2362 of title 10, United States Code, are transferred to chapter 305 of such title, as added by subsection (a), inserted (in that order) after the table of sections, and redesignated as section 4141, 4142, 4143, and 4144, respectively.. (6) Revised chapter 307 (A) Redesignation of chapter 309 as chapter 307 Subsection (a) of section 1845 of the FY2021 NDAA is amended— (i) by striking chapter 307, as added by the preceding section and inserting chapter 305, as added by section 1844 ; and (ii) by redesignating the chapter added by that section as chapter 307. (B) Transfer of additional sections to redesignated chapter 307 Subsection (b) of such section is amended— (i) by striking and 196 and inserting 196, 2353, and 2681 ; and (ii) by striking section 4171, 4172, and 4173 and inserting sections 4171, 4172, 4173, 4174, and 4175. (C) Table of sections The table of sections inserted by subsection (a) of such section is amended by adding at the end the following new items: 4174. Contracts: acquisition, construction, or furnishing of test facilities and equipment. 4175. Use of test and evaluation installations by commercial entities.. (v) Conforming amendments to delete conflicting transfers of certain sections (1) Deletion of transfer of section 2302e to chapter 243 Section 1818 of the FY2021 NDAA is amended— (A) by striking subsection (c); and (B) by striking the last item in the table of sections inserted by subsection (a). (2) Deletion of transfer of section 2362 to chapter 287 Section 1838 of the FY2021 NDAA is amended— (A) in subsection (b), by striking 2362, and 3904, ; and (B) by striking the item relating to section 3904 in the table of sections inserted by subsection (a) and inserting the following new item: 3904. Reserved.. (w) Amendments to tables of sections not in part v Title 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 81 is amended by striking the item relating to section 1599h. (2) The table of sections at the beginning of chapter 111 is amended by striking the item relating to section 2192a. (3) The table of sections at the beginning of chapter 159 is amended by striking the item relating to section 2681. 3003. Reserved 3005. Reserved 3171. Reserved 3172. Reserved 3324. Reserved 3721. Reserved 3722. Reserved 3723. Reserved 3724. Reserved 3843. Reserved 3844. Reserved 3846. Reserved 1837. Reservation of chapter 283 Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended by striking chapter 283 and inserting the following: 283 Reserved . 3501. Multiyear contracts: acquisition of property 3531. Multiyear contracts: acquisition of services 4951. Definitions 4952. Purposes 4953. Regulations 3808. Certain Navy contracts 1849. Selected Acquisition Reports 1878A. Transfer of title 10 section relating to joint reserve detachment of Defense Innovation Unit (a) Transfer Section 2358b of title 10, United States Code, is transferred to subchapter V of chapter 87 of such title, inserted after section 1765, and redesignated as section 1766. (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 1766. Joint reserve detachment of the Defense Innovation Unit. 1843. Personnel; research and development centers and facilities (a) Transfer of title 10 sections to subchapter ii Sections 2358a, 1599h, and 2192a of title 10, United States Code, are transferred to subchapter II of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4091, 4092, and 4093, respectively. (b) Transfer of title 10 sections to subchapter iii (1) In general Sections 2363, 2368, and 2367 of title 10, United States Code, are transferred to subchapter III of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4123, 4124, and 4126, respectively. (2) Transfer of section 2364(b) and (c) (A) Heading Such subchapter III is further amended by inserting after section 4124, as transferred and redesignated by paragraph (1), the following: 4125. Functions of Defense research facilities . (B) Text Subsections (b) and (c) of section 2364 of such title are transferred to such subchapter, inserted after the section heading for section 4125, as added by subparagraph (A), and redesignated as subsections (a) and (b), respectively. 4125. Functions of Defense research facilities 1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes (a) Amendments to title 10, united states code Title 10, United States Code, is amended as follows: (1) Section 171a(i)(3) is amended by striking 2366a(d) and inserting 4251(d). (2) Section 181(b)(6) is amended by striking sections 2366a(b), 2366b(a)(4), and inserting sections 4251(b), 4252(a)(4),. (3) Section 1734(c)(2) is amended by striking section 2435(a) and inserting section 4214(a). (b) Amendments to laws classified as notes in title 10, united states code (1) Section 801(1) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2302 note) is amended by striking section 2545 and inserting section 3001. (2) Section 323(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 2463 note) is amended by striking section 235, 2330a, or 2463 and inserting section 2463, 3137, or 4505. (3) Section 8065 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 10 U.S.C. 2540 note), is amended— (A) by striking subchapter VI of chapter 148 both places it appears and inserting subchapter I of chapter 389 ; and (B) by striking section 2540c(d) and inserting section 4974(d). (c) Amendments to laws classified in title 6, united states code (homeland security) (1) Section 831(a)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 391(a) ) is amended by striking section 2371 and inserting section 4021. (2) Section 853(b) of such Act ( 6 U.S.C. 423(b) ) is amended by striking paragraphs (1), (2), and (3) and inserting the following: (1) Section 134 of title 41, United States Code. (2) Section 153 of title 41, United States Code. (3) Section 3015 of title 10, United States Code.. (3) Section 855 of such Act ( 6 U.S.C. 425 ) is amended— (A) in subsection (a)(2), by striking subparagraphs (A), (B), and (C) and inserting the following: (A) Sections 1901 and 1906 of title 41, United States Code. (B) Section 3205 of title 10, United States Code. (C) Section 3305 of title 41, United States Code. ; and (B) in subsection (b)(1), by striking provided in and all that follows through shall not and inserting provided in section 1901(a)(2) of title 41, United States Code, section 3205(a)(2) of title 10, United States Code, and section 3305(a)(2) of title 41, United States Code, shall not. (4) Section 856(a) of such Act ( 6 U.S.C. 426(a) ) is amended by striking paragraphs (1), (2), and (3) and inserting the following: (1) Federal Property and Administrative Services Act of 1949 In division C of subtitle I of title 41, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). (B) Section 4106 of such title, relating to orders under task and delivery order contracts. (2) Title 10, United States Code In part V of subtitle A of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). (B) Section 3406, relating to orders under task and delivery order contracts. (3) Office of Federal Procurement Policy Act Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.. (5) Section 604(f) of the American Recovery and Reinvestment Act of 2009 ( 6 U.S.C. 453b(f) ) is amended by striking section 2304(g) and inserting section 3205. (d) Amendments to title 14, united states code (coast guard) Title 14, United States Code, is amended as follows: (1) Section 308(c)(10)(B)(ii) is amended by striking section 2547(c)(1) and inserting section 3104(c)(1). (2) Section 1137(b)(4) is amended by striking section 2306b and inserting section 3501. (3) Section 1906(b)(2) is amended by striking chapter 137 and inserting sections 3201 through 3205. (e) Amendments to laws classified in title 15, united states code (commerce) (1) Section 14(a) of the Metric Conversion Act of 1975 ( 15 U.S.C. 205l(a) ) is amended— (A) in the first sentence, by striking set forth in chapter 137 and all that follows through et seq.), and inserting set forth in the provisions of title 10, United States Code, referred to in section 3016 of such title as chapter 137 legacy provisions , section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code, ; (B) in the second sentence, by striking under section 2377(c) and all that follows through the period and inserting under section 3453(c) of title 10, United States Code, and section 3307(d) of title 41, United States Code. ; and (C) in the third sentence, by striking section 2377 and all that follows through shall take and inserting section 3453 of title 10, United Sates Code, or section 3307(b) to (d) of title 41, United States Code, then the provisions of such sections 3453 or 3307(b) to (d) shall take. (2) Section 8 of the Small Business Act ( 15 U.S.C. 637 ) is amended— (A) in subsection (g)(2), by striking section 2304(c) and inserting section 3204(a) ; and (B) in subsection (h)— (i) in paragraph (1)(B), by striking chapter 137 and inserting sections 3201 through 3205 ; and (ii) in paragraph (2), by striking section 2304(f)(2) and section 2304(f)(1) , and inserting paragraphs (3) and (4) of section 3204(e) and section 3204(e)(1) , respectively. (3) Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended in subsection (r)(4)(A) by striking section 2304 and inserting sections 3201 through 3205. (4) Section 884(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 15 U.S.C. 638 note) is amended by striking section 2500 and inserting section 4801. (5) Section 15 of the Small Business Act ( 15 U.S.C. 644 ) is amended— (A) in subsection (k)— (i) in paragraph (17)(B), by striking section 2318 and inserting section 3249 ; (ii) in paragraph (17)(C), by striking chapter 142 and inserting chapter 388 ; and (iii) in paragraph (18), by striking section 2784 and inserting section 4754 ; (B) in subsection (r)(2), by striking section 2304c(b) and inserting section 3406(c) ; and (C) in subsections (u) and (v), by striking chapter 142 and inserting chapter 388. (6) Section 16 of the Small Business Act ( 15 U.S.C. 645 ) is amended in subsection (d)(3) by striking chapter 142 and inserting chapter 388. (7) Section 272 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 ( Public Law 100–180 ; 15 U.S.C. 4602 ) is amended in subsection (c) by striking section 2306a and inserting chapter 271. (f) Amendments to titles 32, united states code (national guard) and 37, united states code (pay and allowances) (1) Section 113 of title 32, United States Code, is amended in subsection (b)(1)(B) by striking section 2304(c) and inserting section 3204(a). (2) Section 418 of title 37, United States Code, is amended in subsection (d)(2)(A)— (A) by striking section 2533a and inserting section 4862 ; and (B) by striking chapter 137 of title 10 and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10). (g) Amendments to title 40, united states code (public buildings) Title 40, United States Code, is amended as follows: (1) Section 113(e) is amended— (A) in paragraph (3)— (i) by striking chapter 137 and inserting section 3063 ; and (ii) by striking that chapter; and inserting the provisions of that title referred to in section 3016 of such title as chapter 137 legacy provisions ; ; and (B) in paragraph (5), by striking section 2535 and inserting section 4881. (2) Section 581(f)(1)(A) is amended by striking section 2535 and inserting section 4881. (h) Amendments to title 41, united states code (public contracts) Title 41, United States Code, is amended as follows: (1) Section 1127(b) is amended by striking section 2324(e)(1)(P) and inserting section 3744(a)(16). (2) Section 1303(a)(1) is amended by striking chapters 4 and 137 of title 10 and inserting chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10). (3) Section 1502(b)(1)(B) is amended by striking section 2306a(a)(1)(A)(i) and inserting section 3702(a)(1)(A). (4) Section 1708(b)(2)(A) is amended by striking section 2304(c) and inserting section 3204(a). (5) Section 1712(b)(2)(B) is amended by striking section 2304(c) and inserting section 3204(a). (6) Section 1901(e)(2) is amended by striking section 2304(f) and inserting section 3204(e). (7) Section 1903 is amended— (A) in subsection (b)(3), by striking section 2304(g)(1)(B) and inserting section 3205(a)(2) ; and (B) in subsection (c)(2)(B), by striking section 2306a and inserting chapter 271. (8) Section 1907(a)(3)(B)(ii) is amended by striking section 2305(e) and (f) and inserting section 3308. (9) Section 1909(e) is amended by striking section 2784 and inserting section 4754. (10) Section 2101(2)(A) is amended by striking section 2306a(h) and inserting section 3701. (11) Section 2311 is amended by striking section 2371 and inserting section 4021. (12) Section 3302 is amended— (A) in subsection (a)(3)— (i) in subparagraph (A), by striking section 2302(2)(C) and inserting section 3012(3) ; and (ii) in subparagraph (B), by striking sections 2304a to 2304d of title 10, and inserting chapter 245 of title 10 ; (B) in subsection (c)(1)(A)(i), by striking section 2304c(b) and inserting section 3406(c) ; and (C) in subsection (d)(1)(B), by striking section 2304(f)(1) and inserting section 3204(e)(1). (13) Section 3307(e)(1) is amended by striking chapter 140 and inserting chapter 247. (14) Section 4104 is amended— (A) in subsection (a), by striking sections 2304a to 2304d and inserting chapter 245 ; and (B) in subsection (b)— (i) in paragraph (1), by striking sections 2304a to 2304d and inserting chapter 245 ; (ii) in paragraph (2)(B), by striking section 2304c(b) and inserting section 3406(c) ; and (iii) in paragraph (2)(C), by striking section 2304c(c) and inserting section 3406(e). (i) Amendments to laws classified as notes in title 41, united states code (1) Section 555 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 41 U.S.C. preceding 3101 note) is amended by striking section 2305 in subsections (a)(4) and (c)(1) and inserting sections 3206 through 3208 and sections 3301 through 3309. (2) Section 846(f)(5) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 41 U.S.C. 1901 note) is amended by striking section 2304 and inserting sections 3201 through 3205. (3) Section 811 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 41 U.S.C. 3304 note) is amended— (A) in subsection (a)(3), by striking sections 2304(f)(1)(C) and 2304(l) and inserting sections 3204(e)(1)(C) and 3204(f) ; and (B) in subsection (c)— (i) in paragraph (1)(A), by striking section 2304(f)(2)(D)(ii) and inserting section 3204(e)(4)(D)(ii) ; (ii) in paragraph (2)(A), by striking section 2302(1) and inserting section 3004 ; and (iii) in paragraph (3)(A), by striking section 2304(f)(1)(B) and inserting section 3204(e)(1)(B). (j) Amendments to laws classified in title 42, united states code (1) The Public Health Service Act ( Public Law 78–410 ) is amended— (A) in section 301(a)(7) ( 42 U.S.C. 241(a)(7) ), by striking sections 2353 and 2354 and inserting sections 3861 and 4141 ; and (B) in section 405(b)(1) ( 42 U.S.C. 284(b)(1) ), by striking section 2354 and inserting section 3861. (2) Section 403(a) of the Housing Amendments of 1955 ( 42 U.S.C. 1594(a) ) is amended by striking section 3 of the Armed Services Procurement Act of 1947 and inserting chapters 221 and 241 of title 10, United States Code. (3) Title II of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1986 ( Public Law 99–160 ), is amended by striking section 2354 in the last proviso in the paragraph under the heading National Science Foundation—Research and Related Activities ( 42 U.S.C. 1887 ) and inserting section 3861. (4) Section 306(b)(2) of the Disaster Mitigation Act of 2000 ( 42 U.S.C. 5206(b)(2) ) is amended by striking section 2393(c) and inserting section 4654(c). (5) Section 801(c)(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 ) is amended by striking section 2304c(d) and all that follows and inserting section 3406(d) of title 10, United States Code, and section 4106(d) of title 41, United States Code.. (6) Section 3021(a) of the Energy Policy Act of 1992 ( 42 U.S.C. 13556 ) is amended by striking chapter 137 of title 10 and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code). (k) Amendments to laws classified in title 50, united states code (1) Section 141(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 50 U.S.C. 1521a(a) ) is amended by striking section 2430 and inserting section 4201. (2) Section 502(a) of the National Emergencies Act ( 50 U.S.C. 1651(a) ) is amended by striking paragraphs (1) through (5) and inserting the following: (1) Chapters 1 to 11 of title 40, United States Code, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code. (2) Section 3727(a)–(e)(1) of title 31, United States Code. (3) Section 6305 of title 41, United States Code. (4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq. ). (5) Section 3201(a) of title 10, United States Code.. (3) The Atomic Energy Defense Act is amended as follows: (A) Sections 4217 and 4311 ( 50 U.S.C. 2537 , 2577) are each amended in subsection (a)(2) by striking section 2432 and inserting section 4351. (B) Section 4813 ( 50 U.S.C. 2794 ) is amended by striking section 2500 in subsection (c)(1)(C) and inserting section 4801. (4) Section 107 of the Defense Production Act ( 50 U.S.C. 4517 ) is amended in subsection (b)(2)(B) by striking clauses (i) and (ii) and inserting the following: (i) section 3203(a)(1)(B) or 3204(a)(3) of title 10, United States Code; (ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41, United States Code; or. (l) Other amendments (1) Section 1473H of the National Agriculture Advanced Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319k ) is amended by striking section 2371 in subsections (b)(6)(A) and (d)(1)(B) and inserting section 4021. (2) Section 1301 of title 17, United States Code, is amended in subsection (a)(3) by striking section 2320 and inserting subchapter I of chapter 275. (3) Section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ) is amended by striking chapter 137 in subsection (l)(4) and subsection (m)(4) and inserting chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code). (4) Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 ( Public Law 101–533 ; 22 U.S.C. 3142 ) is amended in subsection (c)(2) by striking section 2505 and inserting section 4816. (5) Section 3553 of title 31, United States Code, is amended in subsection (d)(4)(B) by striking section 2305(b)(5)(B)(vii) and inserting section 3304(c)(1)(G). (6) Section 226 of the Water Resources Development Act of 1992 ( 33 U.S.C. 569f ) is amended by striking section 2393(c) and inserting section 4654(c). (7) Section 40728B(e) of title 36, United States Code, is amended— (A) striking subsection (k) of section 2304 and inserting section 3201(e) ; and (B) by striking subsection (c) of such section and inserting section 3204(a). (8) Section 1427(b) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 40 U.S.C. 1103 note) is amended by striking sections 2304a and 2304b and inserting sections 3403 and 3405. (9) Section 895(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 40 U.S.C. 11103 note) is amended by striking section 2366a(d)(7) and inserting section 4251(d)(5). (10) Sections 50113(c), 50115(b), and 50132(a) of title 51, United States Code, are amended by striking including chapters 137 and 140 and inserting including applicable provisions of chapters 201 through 285, 341 through 343, and 363. (11) Section 823(c)(3)(C) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 ( Public Law 115–10 ; 51 U.S.C. preceding 30301 note) is amended by striking section 2319 and inserting section 3243. 2001. Short title This division and title XLVI of division D may be cited as the Military Construction Authorization Act for Fiscal Year 2022. 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2024; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2024; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries (a) Effective date Titles XXI through XXVII shall take effect on the later of— (1) October 1, 2021; or (2) the date of the enactment of this Act. (b) Elimination of need for certain separate conforming amendments (1) Automatic execution of conforming changes When an amendment made by a provision of this division to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment. (2) Exceptions Paragraph (1) shall not apply to an amendment described in such paragraph when— (A) the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or (B) the amendment otherwise expressly exempts itself from the operation of this section. (3) Covered defense law In this subsection, the term covered defense law means— (A) titles 10, 32, and 37 of the United States Code; (B) any national defense authorization Act or military construction authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and (C) any other law designated in the text thereof as a covered defense law for purposes of application of this section. 2101. Authorized Army construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation or Location Amount Alabama Anniston Army Depot $25,000,000 Fort Rucker $66,000,000 Redstone Arsenal $55,000,000 California Fort Irwin $52,000,000 Georgia Fort Stewart $105,000,000 Hawaii West Loch Naval Magazine Annex $51,000,000 Wheeler Army Airfield $140,000,000 Kansas Fort Leavenworth $34,000,000 Kentucky Fort Knox $27,000,000 Louisiana Fort Polk $111,000,000 Maryland Fort Detrick $23,981,000 Fort Meade $81,000,000 New Mexico White Sands Missile Range $29,000,000 New York Fort Hamilton $26,000,000 Watervliet Arsenal $20,000,000 Pennsylvania Letterkenny Army Depot $21,000,000 Texas Fort Hood $130,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States State Installation Amount Belgium Shape Headquarters $16,000,000 Germany East Camp Grafenwoehr $103,000,000 Smith Barracks $33,500,000 Classified Location Classified Location $31,000,000 2102. Family housing (a) Construction and acquisition Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in the number of units or for the purpose, and in the amount set forth in the following table: Army: Family Housing Country Installation or Location Units or Purpose Amount Italy Vicenza Family Housing New Construction $92,304,000 (b) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $22,545,000. 2103. Authorization of appropriations, Army (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2104. Extension of authority to carry out certain fiscal year 2017 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (130 Stat. 2689), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2017 Project Authorization Country Installation Project Original Authorized Amount Germany Wiesbaden Army Airfield Hazardous Material Storage Building $2,700,000 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas (a) Project authorization The Secretary of the Army may carry out a military construction project to construct a defense access road at Fort Bliss, Texas, in the amount of $20,000,000. (b) Use of amounts The Secretary of the Army may use funds appropriated under section 131 of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (title I of division J of Public Law 115–141 ; 132 Stat. 805) for the Defense Access Road Program to carry out subsection (a). 2106. Modification of authority to carry out certain fiscal year 2021 project (a) Modification of project authority In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) for Fort Wainwright, Alaska, for construction of Unaccompanied Enlisted Personnel Housing, as specified in the funding table in section 4601 of such Public Law, the Secretary of the Army may construct— (1) an Unaccompanied Enlisted Personnel Housing building of 104,300 square feet to incorporate a modified standard design; and (2) an outdoor recreational shelter, sports fields and courts, barbecue and leisure area, and fitness stations associated with the Unaccompanied Enlisted Personnel Housing. (b) Modification of project amounts (1) Division B table The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ) is amended in the item relating to Fort Wainwright, Alaska, by striking $114,000,000 and inserting $146,000,000 to reflect the project modification made by subsection (a). (2) Division D table The funding table in section 4601 of Public Law 116–283 is amended in the item relating to Fort Wainwright Unaccompanied Enlisted Personnel Housing by striking $59,000 in the Conference Authorized column and inserting $91,000 to reflect the project modification made by subsection (a). 2107. Additional authorized funding source for certain fiscal year 2022 project To carry out an unspecified minor military construction project in the amount of $3,600,000 at Aberdeen Proving Ground, Maryland, to construct a 6,000 square foot recycling center to meet the requirements of a qualified recycling program at the installation, the Secretary of the Army may use funds available to the Secretary under section 2667(e)(1)(C) of title 10, United States Code, in addition to funds appropriated for unspecified minor military construction for the project. 2201. Authorized Navy construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation or Location Amount Arizona Marine Corps Air Station Yuma $29,300,000 California Marine Corps Air Station Miramar $240,900,000 Marine Corps Base Camp Pendleton $106,100,000 Marine Corps Reserve Depot San Diego $93,700,000 Naval Base Coronado $63,600,000 Naval Base Ventura County $197,500,000 San Nicolas Island $19,907,000 Florida Marine Corps Support Facility Blount Island $69,400,000 Naval Undersea Warfare Center Panama City Division $37,980,000 Guam Andersen Air Force Base $50,890,000 Joint Region Marianas $507,527,000 Hawaii Marine Corps Base Kaneohe $165,700,000 Marine Corps Training Area Bellows $6,220,000 North Carolina Marine Corps Air Station Cherry Point $321,417,000 Pennsylvania Naval Surface Warfare Center Philadelphia Division $77,290,000 South Carolina Marine Corps Reserve Depot Parris Island $6,000,000 Marine Corps Air Station Beaufort $130,300,000 Virginia Marine Corps Base Quantico $42,850,000 Naval Station Norfolk $344,793,000 Naval Weapons Station Yorktown $93,500,000 Portsmouth Naval Shipyard $156,380,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation or Location Amount Japan Fleet Activities Yokosuka $49,900,000 Spain Naval Station Rota $85,600,000 2202. Family housing (a) Construction and acquisition Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units or for the purposes, and in the amounts set forth in the following table: Navy: Family Housing Location Installation Units or Purpose Amount District of Columbia Marine Barracks Washington Family housing improvements $10,415,000 Japan Fleet Activities Yokosuka Family housing improvements $61,469,000 (b) Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $71,884,000. (c) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,634,000. 2203. Authorization of appropriations, Navy (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2301. Authorized Air Force construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation or Location Amount Alaska Eielson Air Force Base $44,850,00 Joint Base Elmendorf-Richardson $251,000,000 Arizona Davis-Monthan Air Force Base $13,400,000 Luke Air Force Base $49,000,000 California Vandenberg Space Force Base $67,000,000 Colorado Schriever Space Force Base $30,000,000 United States Air Force Academy $4,360,000 District of Columbia Joint Base Anacostia-Bolling $24,000,000 Florida Eglin Air Force Base $14,000,000 Guam Joint Region Marianas $85,000,000 Louisiana Barksdale Air Force Base $272,000,000 Maryland Joint Base Andrews $26,000,000 Massachusetts Hanscom Air Force Base $66,000,000 Nevada Creech Air Force Base $14,200,000 Ohio Wright-Patterson Air Force Base $24,000,000 Oklahoma Tinker Air Force Base $160,000,000 South Carolina Joint Base Charleston $59,000,000 South Dakota Ellsworth Air Force Base $242,000,000 Tennessee Arnold Air Force Base $14,600,000 Texas Joint Base San Antonio $141,000,000 Joint Base San Antonio-Fort Sam Houston $29,000,000 Joint Base San Antonio-Lackland $29,000,000 Sheppard Air Force Base $20,000,000 Virginia Joint Base Langley-Eustis $24,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation or Location Amount Australia Royal Australian Air Force Base Darwin $7,400,000 Royal Australian Air Force Base Tindal $14,400,000 Italy Aviano Air Force Base $10,200,000 Japan Kadena Air Base $206,000,000 Misawa Air Base $25,000,000 Yokota Air Base $39,000,000 United Kingdom Royal Air Force Lakenheath $108,500,000 2302. Family housing (a) Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $105,528,000. (b) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $10,458,000. 2303. Authorization of appropriations, Air Force (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2304. Extension of authority to carry out certain fiscal year 2017 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2902 of that Act (130 Stat. 2696, 2743), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2017 Project Authorizations State or Country Installation or Location Project Original Authorized Amount Germany Ramstein Air Base 37 AS Squadron Operations/Aircraft Maintenance Unit $13,437,000 Spangdahlem Air Base F/A-22 Low Observable/Composite Repair Facility $12,000,000 Spangdahlem Air Base Upgrade Hardened Aircraft Shelters for F/A-22 $2,700,000 Guam Joint Region Marianas APR - Munitions Storage Igloos, Phase 2 $35,300,000 Joint Region Marianas APR - SATCOM C4I Facility $14,200,000 Japan Kadena Air Base APR - Replace Munitions Structures $19,815,000 Yokota Air Base C-130J Corrosion Control Hangar $23,777,000 Yokota Air Base Construct Combat Arms Training and Maintenance Facility $8,243,000 Massachusetts Hanscom Air Force Base Vandenberg Gate Complex $10,965,000 United Kingdom Royal Air Force Croughton Main Gate Complex $16,500,000 2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida (a) Fiscal year 2018 project In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1825) for Tyndall Air Force Base, Florida, for construction of a Fire Station, as specified in the funding table in section 4601 of that Public Law (131 Stat. 2002), the Secretary of the Air Force may construct a crash rescue/structural fire station encompassing up to 3,588 square meters. (b) Fiscal year 2020 projects In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 133 Stat. 1913) for Tyndall Air Force Base, Florida— (1) for construction of Site Development, Utilities, and Demo Phase 1, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 3,698 lineal meters of waste water utilities; (B) up to 6,306 lineal meters of storm water utilities; and (C) two emergency power backup generators; (2) for construction of Munitions Storage Facilities, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 4,393 square meters of aircraft support equipment storage yard; (B) up to 1,535 square meters of tactical missile maintenance facility; and (C) up to 560 square meters of missile warhead assembly and maintenance shop and storage; (3) for construction of 53 WEG Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 1,693 square meters of aircraft maintenance shop; (B) up to 1,458 square meters of fuel systems maintenance dock; and (C) up to 3,471 square meters of group headquarters; (4) for construction of 53 WEG Subscale Drone Facility, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 511 square meters of pilotless aircraft shop in a separate facility; (5) for construction of CE/Contracting/USACE Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 557 square meters of base engineer storage shed 6000 area; and (B) up to 183 square meters of non-Air Force administrative office; (6) for construction of Logistics Readiness Squadron Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 802 square meters of supply administrative headquarters; (B) up to 528 square meters of vehicle wash rack; and (C) up to 528 square meters of vehicle service rack; (7) for construction of Fire Station Silver Flag #4, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 651 square meters of fire station; (8) for construction of AFCEC RDT&E, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 501 square meters of CE Mat Test Runway Support Building; (B) up to 1,214 square meters of Robotics Range Control Support Building; and (C) up to 953 square meters of fire garage; (9) for construction of Flightline–Munitions Storage, 7000 Area, as specified in the funding table in section 4603 of Public Law 116–92 ; 133 Stat. 2103), the Secretary of the Air Force may construct— (A) up to 1,861 square meters of above ground magazines; and (B) up to 530 square meters of air support equipment shop/storage facility pad; (10) for construction of Site Development, Utilities and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 5,233 lineal meters of storm water utilities; (B) up to 48,560 square meters of roads; (C) up to 3,612 lineal meters of gas pipeline; and (D) up to 993 square meters of water fire pumping station with an emergency backup generator; (11) for construction of Tyndall AFB Gate Complexes, as specified in such funding table and modified by section 2306(a)(9) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 52,694 square meters of roadway with serpentines; and (B) up to 20 active/passive barriers; (12) for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table and modified by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct up to 144 square meters of AAFES shoppette; (13) for construction of Airfield Drainage, as specified in such funding table and modified by section 2306(a)(12) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct— (A) up to 37,357 meters of drainage ditch; (B) up to 18,891 meters of storm drain piping; (C) up to 19,131 meters of box culvert; (D) up to 3,704 meters of concrete block swale; (E) up to 555 storm drain structures; and (F) up to 81,500 square meters of storm drain ponds; and (14) for construction of 325th Fighting Wing HQ Facility, as specified in such funding table and modified by section 2306(a)(13) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), the Secretary of the Air Force may construct up to 769 square meters of separate administrative space for SAPR/SARC. 2401. Authorized Defense Agencies construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $153,000,000 California Marine Corps Base Camp Pendleton $13,600,000 Silver Strand Training Complex $33,700,000 Colorado Buckley Air Force Base $20,000,000 Georgia Fort Benning $62,000,000 Hawaii Joint Base Pearl Harbor-Hickam $29,800,000 Maryland Fort Meade $1,201,000,000 New Mexico Kirtland Air Force Base $8,600,000 Virginia Fort Belvoir $29,800,000 Humphries Engineer Center and Support Activity $36,000,000 Pentagon $50,543,000 Washington Oak Harbor $59,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation or Location Amount Germany Ramstein Air Base $93,000,000 Japan Kadena Air Base $24,000,000 Misawa Air Base $6,000,000 United Kingdom Royal Air Force Lakenheath $19,283,000 2402. Authorized Energy Resilience and Conservation Investment Program projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Inside the United States State Installation or Location Amount Alabama Fort Rucker $24,000,000 California Marine Corps Air Station Miramar $4,054,000 Naval Air Weapons Station China Lake-Ridgecrest $9,120,000 District of Columbia Joint Base Anacostia-Bolling $31,261,000 Florida MacDill Air Force Base $22,000,000 Georgia Fort Benning $17,593,000 Fort Stewart $22,000,000 Naval Submarine Base Kings Bay $19,314,000 Guam Polaris Point Submarine Base $38,300,000 Idaho Mountain Home Air Force Base $33,800,000 Michigan Camp Grayling $5,700,000 Mississippi Camp Shelby $45,655,000 New York Fort Drum $27,000,000 North Carolina Fort Bragg $27,169,000 North Dakota Cavalier Air Force Station $24,150,000 Ohio Springfield-Beckley Municipal Airport $4,700,000 Puerto Rico Aguadilla $10,120,000 Fort Allen $12,190,000 Tennessee Memphis International Airport $4,780,000 Virginia Fort Belvoir $365,000 National Geospatial-Intelligence Agency Campus East $5,299,000 Pentagon, Mark Center, and Raven Rock Mountain Complex $2,600,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Outside the United States Country Installation or Location Amount Japan Naval Air Facility Atsugi $3,810,000 Kuwait Camp Arifjan $15,000,000 2403. Authorization of appropriations, Defense Agencies (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects (a) Extension of fiscal year 2017 authorization (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in paragraph (2), as provided in section 2401 of that Act (130 Stat. 2700), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (2) Table The table referred to in paragraph (1) is as follows: Defense Agencies: Extension of 2017 Project Authorization Country Installation Project Original Authorized Amount Japan Yokota Air Base Hanger/AMU $39,466,000 (b) Modification of fiscal year 2019 authorization In the case of the authorization contained in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 133 Stat. 2250) for Kinnick High School in Yokosuka, Japan, as specified in the funding table in section 4601 of such Public Law (133 Stat. 2407), the Secretary of Defense may treat the high school and the field house as a single facility for the purposes of defining the scope of work for the project. 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. 2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601. 2511. Republic of Korea funded construction projects (a) Authority to accept projects Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table: Republic of Korea Funded Construction Projects Component Installation or Location Project Amount Army Camp Humphreys Unaccompanied Enlisted Personnel Housing $52,000,000 Army Camp Humphreys Type I Aircraft Parking Apron and Parallel Taxiway $48,000,000 Army Camp Humphreys Black Hat Intelligence Fusion Center $149,000,000 Navy Mujuk Expeditionary Dining Facility $10,200,000 Air Force Gimhae Air Base Repair Contingency Hospital $75,000,000 Air Force Osan Air Base Munitions Storage Area Move Delta (Phase 2) $171,000,000 (b) Authorized approach to certain construction project Section 2350k of title 10, United States Code, shall apply with respect to the construction of the Black Hat Intelligence Fusion Center at Camp Humphreys, Republic of Korea, as set forth in the table in subsection (a). 2512. Republic of Poland funded construction projects Pursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table: Republic of Poland Funded Construction Projects Component Installation or Location Project Amount Army Poznan Command and Control Facility $30,000,000 Army Poznan Information Systems Facility $7,000,000 2601. Authorized Army National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: Army National Guard State Installation or Location Amount Alabama Redstone Arsenal $17,000,000 Connecticut Army National Guard Readiness Center Putnam $17,500,000 Georgia Fort Benning $13,200,000 Guam National Guard Readiness Center Barrigada $34,000,000 Idaho Jerome National Guard Armory $15,000,000 Illinois National Guard Armory Bloomington $15,000,000 Kansas Nickell Memorial Armory Topeka $16,732,000 Louisiana Camp Minden $13,800,000 Lake Charles National Guard Readiness Center $18,500,000 Maine Saco National Guard Readiness Center $21,200,000 Michigan Camp Grayling $16,000,000 Mississippi Camp Shelby $15,500,000 Montana Butte Military Entrance Testing Site $16,000,000 Nebraska Mead Army National Guard Readiness Center $11,000,000 North Dakota Dickinson National Guard Armory $15,500,000 South Dakota Sioux Falls National Guard Armory $15,000,000 Vermont Bennington National Guard Armory $16,900,000 Camp Ethan Allen Training Site $4,665,000 Virginia National Guard Armory Troutville $13,000,000 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Installation or Location Amount Michigan Army Reserve Center Southfield $12,000,000 Ohio Wright-Patterson Air Force Base $19,000,000 Wisconsin Fort McCoy $70,600,000 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation or Location Amount Michigan Naval Operational Support Center Battle Creek $49,090,000 Minnesota Minneapolis Air Reserve Station $14,350,000 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Installation or Location Amount Alabama Montgomery Regional Airport $19,200,000 Sumpter Smith Air National Guard Base $7,500,000 Connecticut Bradley International Airport $17,000,000 Delaware New Castle Air National Guard Base $17,500,000 Idaho Gowen Field $6,500,000 Illinois Abraham Lincoln Capital Airport $10,200,000 Massachusetts Barnes Air National Guard Base $12,200,000 Michigan Alpena County Regional Airport $23,000,000 Selfridge Air National Guard Base $28,000,000 W. K. Kellogg Regional Airport $10,000,000 Mississippi Jackson International Airport $9,300,000 New York Francis S. Gabreski Airport $14,800,000 Schenectady Municipal Airport $10,800,000 Ohio Camp Perry $7,800,000 South Carolina McEntire Joint National Guard Base $18,800,000 South Dakota Joe Foss Field $9,800,000 Texas Kelly Field Annex $9,500,000 Washington Camp Murray Air National Guard Station $27,000,000 Wisconsin Truax Field $44,200,000 Wyoming Cheyenne Municipal Airport $13,400,000 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Installation Amount California Beale Air Force Base $33,000,000 Florida Homestead Air Force Reserve Base $14,000,000 Patrick Air Force Base $18,500,000 Indiana Grissom Air Reserve Base $29,000,000 Minnesota Minneapolis-St. Paul International Airport $14,000,000 New York Niagara Falls Air Reserve Station $10,600,000 Ohio Youngstown Air Reserve Station $8,700,000 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2140)), as specified in the funding table in section 4601. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado (a) Definitions In this section: (1) Covered portion of Pueblo Chemical Depot defined The term covered portion of Pueblo Chemical Depot means the portion of Pueblo Chemical Depot, Colorado, that has not been declared surplus before the date of the enactment of this Act. (2) Local Redevelopment Authority The term Local Redevelopment Authority means the Local Redevelopment Authority for Pueblo Chemical Depot, as recognized by the Office of Local Defense Community Cooperation. (b) Submission of closure and disposal plans (1) Plans required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (A) a plan for the closure of the covered portion of Pueblo Chemical Depot upon the completion of the chemical demilitarization mission of the Chemical Agent-Destruction Pilot Plant at Pueblo Chemical Depot; and (B) a plan for the disposal of all remaining land, buildings, facilities, and equipment of the covered portion of Pueblo Chemical Depot. (2) Local Redevelopment Authority role In preparing the disposal plan for the covered portion of Pueblo Chemical Depot required by paragraph (1)(B), the Secretary of the Army shall take into account the future role of the Local Redevelopment Authority. (c) Local Redevelopment Authority Eligibility for Assistance The Secretary of Defense, acting through the Office of Local Defense Community Cooperation, may make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the Local Redevelopment Authority in planning community adjustments and economic diversification required by the closure of Pueblo Chemical Depot and the Chemical Agent-Destruction Pilot Plant if the Secretary determines that the closure is likely to have a direct and significantly adverse consequence on nearby communities. (d) General closure, realignment, and disposal prohibition (1) Prohibition; certain recipient excepted During the period specified in paragraph (2), the Secretary of the Army shall take no action— (A) to close or realign the covered portion of Pueblo Chemical Depot or the Chemical Agent-Destruction Pilot Plant; or (B) to dispose of any surplus land, building, facility, or equipment that comprises any portion of the Chemical Agent-Destruction Pilot Plant other than to the Local Redevelopment Authority. (2) Duration The prohibition imposed by paragraph (1) shall apply until the date on which the Secretary of the Army makes a final closure and disposal decision for the covered portion of Pueblo Chemical Depot following the submission of the closure and disposal plans for the covered portion of Pueblo Chemical Depot required by subsection (b). (e) Prohibition on Demolition or disposal related to Chemical Agent-Destruction Pilot Plant (1) Prohibition; certain recipient excepted During the period specified in paragraph (4), the Secretary of the Army may not— (A) demolish any building, facility, or equipment described in paragraph (2) that comprises any portion of the Chemical Agent-Destruction Pilot Plant; or (B) dispose of any such building, facility, or equipment declared to be surplus other than to the Local Redevelopment Authority. (2) Covered buildings, facilities, and equipment The prohibition imposed by paragraph (1) shall apply to the following: (A) Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit where chemical munitions were present, but where contamination did not occur, which are considered by the Secretary of the Army as clean, safe, and acceptable for reuse by the public, after a risk assessment by the Secretary. (B) Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit that was not contaminated by chemical munitions and that was without the potential to be contaminated, such as office buildings, parts warehouses, or utility infrastructure, which are considered by the Secretary of the Army as suitable for reuse by the public. (3) Exception to prohibition The prohibition imposed by paragraph (1) shall not apply to any building, facility, or equipment otherwise described in paragraph (2) for which the Local Redevelopment Authority provides to the Secretary of the Army a written determination specifying that the building, facility, or equipment is not needed for community adjustment and economic diversification following the closure of the Chemical Agent-Destruction Pilot Plant. (4) Duration of prohibition The prohibition imposed by paragraph (1) shall apply for a period of not less than two years beginning on the date o the enactment of this Act. 2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects (a) Inclusion of information on required Internet site Section 2851(c)(1) of title 10, United States Code, is amended— (1) by redesignating subparagraph (E) as subparagraph (F); (2) by adding after subparagraph (D) the following new subparagraph (E): (E) Each military department project with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization. ; and (3) in subparagraph (F), as so redesignated, by inserting after construction project the following: , military department Facilities Sustainment, Restoration, and Modernization project,. (b) Application of amendments Subparagraph (E) of section 2851(c)(1) of title 10, United States Code, as added by subsection (a)(2), and subparagraph (F) of such section, as amended by subsection (a)(3), shall apply with respect to a military department Facilities Sustainment, Restoration, and Modernization project described in such subparagraphs for which an award of a contract or delivery order for the project is made on or after June 1, 2022. 2802. Limitations on authorized cost and scope of work variations (a) Process for approving certain exceptions; limitations Subsections (c) and (d) of section 2853 of title 10, United States Code, are amended to read as follows: (c) Exceptions to limitation on cost variations and scope of work reductions (1) (A) Except as provided in subparagraph (D), the Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost increase in the manner provided in this paragraph. (B) The notification required by subparagraph (A) shall— (i) identify the amount of the cost increase and the reasons for the increase; (ii) certify that the cost increase is sufficient to meet the mission requirement identified in the justification data provided to Congress as part of the request for authorization of the project; and (iii) describe the funds proposed to be used to finance the cost increase. (C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (D) The Secretary concerned may not use the authority provided by subparagraph (A)— (i) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000; and (ii) to approve an increase in the cost authorized for the project that would increase the project cost by more than 50 percent of the total authorized cost of the project. (E) In addition to the notification required by this paragraph, subsection (f) applies whenever a military construction project or military family housing project with a total authorized cost greater than $40,000,000 will have a cost increase of 25 percent or more. Subsection (f) may not be construed to authorize a cost increase in excess of the limitation imposed by subparagraph (D). (2) (A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve a decrease in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost decrease not later than 14 days after the date funds are obligated in connection with the project. (B) The notification required by subparagraph (A) shall be provided in an electronic medium pursuant to section 480 of this title. (3) (A) The Secretary concerned may waive the limitation on a reduction in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve a scope of work reduction for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this paragraph. (B) The notification required by subparagraph (A) shall— (i) describe the reduction in the scope of work and the reasons for the decrease; and (ii) certify that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope. (C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (d) Exceptions to limitation on scope of work increases (1) Except as provided in paragraph (4), the Secretary concerned may waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve an increase in the scope of work for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this subsection. (2) The notification required by paragraph (1) shall describe the increase in the scope of work and the reasons for the increase. (3) A waiver and approval by the Secretary concerned under paragraph (1) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such paragraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. (4) The Secretary concerned may not use the authority provided by paragraph (1) to waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project and approve an increase in the scope of work for the project that would increase the scope of work by more than 10 percent of the amount specified for the project in the justification data provided to Congress as part of the request for authorization of the project.. (b) Conforming amendment related to calculating limitation on cost variations Section 2853(a) of title 10, United States Code, is amended by striking the amount appropriated for such project and inserting the total authorized cost of the project (c) Clerical amendments Section 2853 of title 10, United States Code, is further amended— (1) in subsection (a), by inserting Cost variations authorized; limitation.— after the enumerator (a) ; (2) in subsection (b), by inserting Scope of work variations authorized; limitation.— after the enumerator (b) ; (3) in subsection (e), by inserting Additional cost variation exceptions.— after the enumerator (e) ; (4) in subsection (f), by inserting Additional reporting requirement for certain cost increases.— after the enumerator (f) ; and (5) in subsection (g), by inserting Relation to other law.— after the enumerator (g). 2803. Department of Defense stormwater management projects for military installations and defense access roads Chapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section: 2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation (a) Projects Authorized The Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of— (1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and (2) protecting nearby waterways and stormwater-stressed ecosystems. (b) Project methods and Funding sources Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a stormwater management project under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under section 2391(d) of this title. (5) A construction project under section 2914 of this title. (6) A reserve component facility project under section 18233 of this title. (7) A defense access road project under section 210 of title 23. (c) Project priorities In selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff and ponding or standing water that includes the combination of stormwater runoff and water levels resulting from extreme weather conditions. (d) Project activities Activities carried out as part of a stormwater management project under this section may include, but are not limited to, the following: (1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures. (2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. (3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. (e) Project coordination In the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. (f) Annual Report (1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing— (A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and (B) all projects completed by the Secretary concerned during the previous fiscal year. (2) Each report shall include the following information with respect to each stormwater management project described in the report: (A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. (B) The rationale for how the project will— (i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (ii) protect waterways and stormwater-stressed ecosystems. (C) Such other information as the Secretary concerned considers appropriate. (g) Definitions In this section: (1) The term defense access road means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23. (2) The terms facility and State have the meanings given those terms in section 18232 of this title. (3) The term military installation includes a facility of a reserve component owned by a State rather than the United States. (4) The term military installation resilience has the meaning given that term in section 101(e)(8) of this title. (5) The term Secretary concerned means— (A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.. 2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation (a) Projects Authorized The Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of— (1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and (2) protecting nearby waterways and stormwater-stressed ecosystems. (b) Project methods and Funding sources Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a stormwater management project under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under section 2391(d) of this title. (5) A construction project under section 2914 of this title. (6) A reserve component facility project under section 18233 of this title. (7) A defense access road project under section 210 of title 23. (c) Project priorities In selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff and ponding or standing water that includes the combination of stormwater runoff and water levels resulting from extreme weather conditions. (d) Project activities Activities carried out as part of a stormwater management project under this section may include, but are not limited to, the following: (1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures. (2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. (3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. (e) Project coordination In the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. (f) Annual Report (1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing— (A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and (B) all projects completed by the Secretary concerned during the previous fiscal year. (2) Each report shall include the following information with respect to each stormwater management project described in the report: (A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. (B) The rationale for how the project will— (i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (ii) protect waterways and stormwater-stressed ecosystems. (C) Such other information as the Secretary concerned considers appropriate. (g) Definitions In this section: (1) The term defense access road means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23. (2) The terms facility and State have the meanings given those terms in section 18232 of this title. (3) The term military installation includes a facility of a reserve component owned by a State rather than the United States. (4) The term military installation resilience has the meaning given that term in section 101(e)(8) of this title. (5) The term Secretary concerned means— (A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States. 2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation Section 2914 of title 10, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection (c): (c) Alternative funding source (1) In addition to the authority under section 2805(c) of this title, in carrying out a military construction project for energy resilience, energy security, or energy conservation under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits to the congressional defense committees a notification of the decision to carry out the project using such amounts and includes in the notification— (A) the current estimate of the cost of the project; (B) the source of funds for the project; and (C) a certification that deferring the project pending the availability of funds appropriated for or otherwise made available for military construction would be inconsistent with the timely assurance of energy resilience, energy security, or energy conservation for one or more critical national security functions. (2) A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the seven-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title. (3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000.. 2805. Flood risk management for military construction (a) Further modification of Department of Defense Form 1391 Section 2805(a)(1) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraph (A), by inserting or a 500-year floodplain if outside a 100-year floodplain after 100-year floodplain ; and (2) in subparagraph (B), by striking 100-year floodplain and inserting floodplain described in subparagraph (A). (b) Reporting requirements Section 2805(a)(3) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraph (A), by inserting before the period at the end the following: using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the facility and future forecasted land use changes ; and (2) in subparagraph (D), by inserting after future the following: flood risk and. (c) Mitigation plan assumptions Section 2805(a)(4) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended— (1) in subparagraphs (A) and (B), by striking buildings and inserting facilities ; and (2) in subparagraph (C), by inserting after future the following: flood risk and. (d) Conforming amendment of unified facilities criteria (1) Amendment required Not later than September 1, 2022, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the minimum flood mitigation requirements of section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262; 10 U.S.C. 2802 note), as amended by this section. (2) Implementation of unified facilities criteria amendments (A) Implementation Any Department of Defense Form 1391 submitted to Congress after September 1, 2022, shall comply with the Unified Facilities Criteria, as amended pursuant to paragraph (1). (B) Certification Not later than March 1, 2023, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion of the amendment process required by paragraph (1) and the full incorporation of the amendments into military construction planning and design. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States (a) Two-year Extension of authority Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723), as most recently amended by section 2806(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) in paragraph (1), by striking December 31, 2021 and inserting December 31, 2023 ; and (2) paragraph (2), by striking fiscal year 2022 and inserting fiscal year 2024. (b) Continuation of limitation on use of authority Subsection (c)(1) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723), as most recently amended by subsections (b) and (c) of section 2806 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) by striking subparagraphs (A) and (B); (2) by redesignating subparagraph (C) as subparagraph (A); and (3) by adding at the end the following new subparagraphs: (B) The period beginning October 1, 2021, and ending on the earlier of December 31, 2022, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2023. (C) The period beginning October 1, 2022, and ending on the earlier of December 31, 2023, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2024.. (c) Establishment of project monetary limitation Subsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723) is amended by adding at the end the following new paragraph: (3) The total amount of operation and maintenance funds used for a single construction project carried out under the authority of this section shall not exceed $15,000,000. The Secretary of Defense may waive this limitation on a project-by-project basis. This waiver authority may not be delegated.. (d) Modification of Notice and wait requirement Subsection (b) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723) is amended— (1) by striking 10-day period and inserting 14-day period ; and (2) by striking or, if earlier, the end of the 7-day period beginning on the date on which and inserting , including when. 2811. Modification of calculation of military housing contractor pay for privatized military housing Section 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2871 note), as amended by section 3036 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 133 Stat. 1938) and section 2811(i) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ), is further amended— (1) in paragraph (1)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii) ; and (2) in paragraph (2)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii). 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled (a) Transfer of window fall prevention section to military family housing administration subchapter Section 2879 of title 10, United States Code— (1) is transferred to appear after section 2856 of such title; and (2) is redesignated as section 2857. (b) Applicability of section to all military family housing Section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a), is amended— (1) in subsection (a)(1), by striking acquired or constructed under this chapter ; (2) in subsection (b)(1), by striking acquired or constructed under this chapter ; and (3) by adding at the end the following new subsection: (e) Applicability to all military family housing This section applies to military family housing under the jurisdiction of the Department of Defense and military family housing acquired or constructed under subchapter IV of this chapter.. (c) Implementation plan In the report required to be submitted in 2022 pursuant to subsection (d) of section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a) and amended by subsection (b), the Secretary of Defense shall include a plan for implementation of the fall protection devices described in subsection (a)(3) of such section as required by such section. (d) Limitation on Use of Funds pending submission of overdue report Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Assistant Secretary of Defense for Energy, Installations, and Environment, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense certifies to the congressional defense committees that— (1) the independent assessment required by section 2817(b) of the Military Construction Authorization Act of 2018 (division B of Public Law 115–91 ; 131 Stat. 1852) has been initiated; and (2) the Secretary expects the report containing the results of the assessment to be submitted to the congressional defense committees by February 1, 2023. 2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent (a) Applicability of Disability Laws Section 2891 of title 10, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): (g) Applicability of Disability Laws For purposes of this subchapter and subchapter IV of this chapter, housing units shall be considered as military family housing for purposes of application of Department of Defense policy implementing section 804 of the Fair Housing Act ( 42 U.S.C. 3604 ) and title III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 et seq. ).. (b) Clarification of prohibition (1) Treatment of reasonable Modification and accommodation requirements Section 2891a(e) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) Costs incurred to reasonably modify or upgrade a housing unit to comply with standards addressing discrimination against an individual with a disability established pursuant to the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), or to meet the reasonable modification and accommodation requirements of section 804 of the Fair Housing Act ( 42 U.S.C. 3604 ) and in order to facilitate occupancy of a housing unit by an individual with a disability, may not be considered optional services under paragraph (2)(A)(i) or another exception to the prohibition in paragraph (1) against collection from tenants of housing units of amounts in addition to rent. (B) In subparagraph (A), the term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ).. (2) Applicability of requirements Subsection (e)(3) of section 2891a of title 10, United States Code, as added by paragraph (1), shall apply to contracts described in subsection (a) of such section entered into on or after the date of the enactment of this Act. 2814. Required investments in improving military unaccompanied housing (a) Investments in military unaccompanied housing Of the total amount authorized to be appropriated by the National Defense Authorization Act for a covered fiscal year for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve an amount equal to five percent of the estimated replacement cost of the total inventory of unaccompanied housing under the jurisdiction of that Secretary for the purpose of carrying out projects for the improvement of military unaccompanied housing. (b) Definitions In this section: (1) The term military unaccompanied housing means military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) The term replacement cost , with respect to military unaccompanied housing, means the amount that would be required to replace the remaining service potential of that military unaccompanied housing. (c) Duration of investment requirement The requirement in subsection (a) shall apply for fiscal years 2022 through 2026. 2815. Improvement of security of lodging and living spaces on military installations (a) Assessment Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment of all on-base dormitories and barracks at military installations for purposes of identifying— (1) locking mechanisms on points of entry into the main facility, including doors and windows, or interior doors leading into private sleeping areas that require replacing or repairing; (2) areas, such as exterior sidewalks, entry points, and other public areas where closed-circuit television security cameras should be installed; and (3) other passive security measures, such as additional lighting, that may be necessary to prevent crime, including sexual assault. (b) Emergency repairs The Secretary of Defense shall make any necessary repairs of broken locks or other safety mechanisms discovered during the assessment conducted under subsection (a) not later than 30 days after discovering the issue. (c) Report (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). (2) Elements The report under paragraph (1) shall include— (A) a cost estimate to make any improvements recommended pursuant to the assessment under subsection (a), disaggregated by military department and installation; and (B) an estimated schedule for making such improvements. 2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel (a) Safety inspection of child development centers Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall complete an inspection of all facilities under the jurisdiction of that Secretary used as a child development center to identify any unresolved safety issues, including lead, asbestos, and mold, that adversely impact the facilities. (b) Briefing on results of safety inspections and remediation plans (1) Briefing required Not later than March 1, 2022, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the safety inspections conducted of child development centers under the jurisdiction of that Secretary. (2) Required elements of briefing In the briefing required by paragraph (1), the Secretary of a military department shall provide the following: (A) A list of any child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition. In the case of each child development center included on this list, the Secretary shall provide a remediation plan for the child development center, which shall include the following elements: (i) An estimate of the funding required to complete the remediation plan. (ii) The Secretary’s funding strategy to complete the remediation plan. (iii) Any additional statutory authorities the Secretary needs to complete the remediation plan (B) A list of life-threatening and non-life-threatening violations during the previous three years recorded at child development centers under the jurisdiction of that Secretary that are not included on the list required by subparagraph (A), which shall include the name of the installation where the violation occurred and date of inspection. (C) A list of what that Secretary considers a life-threatening and non-life-threatening violation, including with regard to the presence of lead, asbestos, and mold. (D) A list of how often the 90-day remediation requirement has been waived and the name of each child development center under the jurisdiction of that Secretary at which a waiver was granted. (E) Data on child development center closures under the jurisdiction of that Secretary due to a non-life-threatening violation not remedied within 90 days. (F) An additional plan to conduct preventive maintenance on other child development centers under the jurisdiction of that Secretary to prevent additional child development centers from degrading to poor or failing condition. (c) Partnerships encouraged for child care for children of military personnel Beginning one year after the date of the enactment of this Act, and pursuant to such regulations as the Secretary of Defense may prescribe, each Secretary of a military department is encouraged to enter into agreements with public and private entities to provide child care to the children of personnel (including members of the Armed Forces and civilian employees of the Department of Defense) under the jurisdiction of that Secretary. (d) Annual Status updates Not later than 18 months after the date of the enactment of this Act, and every 12 months thereafter, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives on the progress made by that Secretary— (1) in implementing the child development center remediation plans required by subsection (b)(2)(A) for child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition, including details about projects planned, funded, under construction, and completed under the plans; (2) in conducting preventive maintenance on other child development centers under the jurisdiction of that Secretary pursuant to the preventive maintenance plan required by subsection (b)(2)(F); and (3) in entering into partnerships encouraged by subsection (c), including with regard to each partnership— (A) the terms of the agreement, including cost to the United States; (B) the number of children described in such subparagraph projected to receive child care under the partnership; and (C) if applicable, the actual number of such children who received child care under the partnership during the previous year. (e) Child development center defined In this section, the term child development center has the meaning given that term in section 2871(2) of title 10, United States Code, and includes facilities identified as a child care center or day care center. 2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy Chapter 861 of title 10, United States Code, is amended by inserting after section 8616 the following new section: 8617. National Museum of the United States Navy (a) Authority to support development and operation of Museum (1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy. (2) The Secretary may— (A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or (B) authorize acceptance of funds from a partner organization for each or all such phases. (b) Purposes of museum (1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy. (2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command. (c) Acceptance upon completion Upon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum. (d) Lease authority (1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum. (2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum. (e) Authority to accept gifts (1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection. (2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards. (3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record. (4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum. (f) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. (g) Use of Navy indicators (1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy. (2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy. (h) Definitions In this section: (1) The term eligible nonprofit organization means an entity that— (A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and (B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy. (2) The term museum means the National Museum of the United States Navy, including its facilities and grounds. (3) The term Navy indicator includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term National Museum of the United States Navy. (4) The term partner organization means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d).. 8617. National Museum of the United States Navy (a) Authority to support development and operation of Museum (1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy. (2) The Secretary may— (A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or (B) authorize acceptance of funds from a partner organization for each or all such phases. (b) Purposes of museum (1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy. (2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command. (c) Acceptance upon completion Upon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum. (d) Lease authority (1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum. (2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum. (e) Authority to accept gifts (1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection. (2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards. (3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record. (4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum. (f) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. (g) Use of Navy indicators (1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy. (2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy. (h) Definitions In this section: (1) The term eligible nonprofit organization means an entity that— (A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and (B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy. (2) The term museum means the National Museum of the United States Navy, including its facilities and grounds. (3) The term Navy indicator includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term National Museum of the United States Navy. (4) The term partner organization means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d). 2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations (a) Inclusion of additional United States Navy museums Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended— (1) in subsection (a)— (A) by striking the text preceding paragraph (1) and inserting The Secretary of the Navy may lease or license any portion of the facilities of a United States Navy museum to a foundation established to support that museum for the purpose of permitting the foundation to carry out the following activities: ; and (B) in paragraphs (1) and (2), by striking the United States Navy Museum and inserting that United States Navy museum ; (2) in subsection (b), by striking the United States Navy Museum and inserting the United States Navy museum of which the facility is a part ; (3) in subsection (c), by striking the Naval Historical Foundation and inserting a foundation described in subsection (a) ; and (4) in subsection (d)— (A) by striking the United States Navy Museum and inserting the applicable United States Navy museum ; and (B) by striking the Museum and inserting that museum. (b) United States Navy museum defined Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended by adding at the end the following new subsection: (f) United States Navy museum In this section, the term United States Navy museum means a museum under the jurisdiction of the Secretary of Defense and operated through the Naval History and Heritage Command.. (c) Conforming clerical amendment The heading of section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended by striking at Washington, Navy Yard, District of Columbia. 2831. Cooperation with State and local governments in development of master plans for major military installations Section 2864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) The commander of a major military installation shall develop and update the master plan for that major military installation in consultation with representatives of the government of the State in which the installation is located and representatives of local governments in the vicinity of the installation to improve cooperation and consistency between the Department of Defense and such governments in addressing each component of the master plan described in paragraph (1). (B) The consultation required by subparagraph (A) is in addition to the consultation specifically required by subsection (b)(1) in connection with the transportation component of the master plan for a major military installation.. 2832. Additional changes to requirements regarding master plans for major military installations (a) Consideration of military installation resilience Section 2864(a)(2)(E) of title 10, United States Code, is amended by inserting before the period at the end the following: and military installation resilience. (b) Coordination efforts related to military installation resilience component Section 2864(c) of title 10, United States Code, is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: (7) Extent of current coordination efforts and plans for additional coordination, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).. (c) Cross reference to definition of military installation resilience Section 2864(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: (6) The term military installation resilience has the meaning given that term in section 101(e) of this title.. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations (a) Identification of at-Risk installations Not later than 30 days after the date of the enactment of this Act, each Secretary of a military department shall— (1) identify at least two major military installations under the jurisdiction of that Secretary that the Secretary considers at risk from extreme weather events; and (2) notify the Committees on Armed Services of the Senate and the House of Representatives of the major military installations identified under paragraph (1). (b) Completion deadline Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall ensure that the military installation resilience component of the master plan for each major military installation identified by the Secretary under subsection (a) is completed. (c) Briefings Not later than 60 days after completion of a master plan component as required by subsection (b) for a major military installation, the Secretary of the military department concerned shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the master plan efforts for that major military installation. (d) Definitions In this section: (1) The term major military installation has the meaning given that term in section 2864(f) of title 10, United States Code. (2) The term master plan means the master plan required by section 2864(a) of title 10, United States Code, for a major military installation. 2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements (a) Submission of master plans and investment strategies Not later than March 31, 2022, the Secretary of the Army shall submit to the congressional defense committees a report containing the following: (1) The master plan for each of the ammunition organic industrial base production facilities under the jurisdiction of the Secretary of the Army (in this section referred to as an ammunition production facility ) that was developed to guide planning and budgeting for future infrastructure construction, facility improvements, and production equipment needs at the ammunition production facility. (2) An investment strategy to address the facility, major equipment, and infrastructure requirements at each ammunition production facility in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense. (b) Elements of master plan To satisfy the requirements of subsection (a)(1), the master plan for an ammunition production facility must incorporate the results of a review of industrial processes, logistics streams, and workload distribution required to support production objectives and the facility requirements to support optimized processes and include the following specific elements: (1) A description of all infrastructure construction and facility improvements planned or being considered for the ammunition production facility and production equipment planned or being considered for installation, modernization, or replacement. (2) An explanation of how the master plan for the ammunition production facility will promote efficient, effective, resilient, secure, and cost-effective production of ammunition and ammunition components for the Armed Forces. (3) A description of how development of the master plan for the ammunition production facility included input from the contractor operating the ammunition production facility and how implementation of that master plan will be coordinated with the contractor. (4) A review of current and projected workload requirements for the manufacturing of energetic materials, including propellants, explosives, pyrotechnics, and the ingredients for propellants, explosives, and pyrotechnics, to assess efficiencies in the use of existing facilities, including consideration of new weapons characteristics and requirements, obsolescence of facilities, siting of facilities and equipment, and various constrained process flows. (5) An analysis of life-cycle costs to repair and modernize existing mission-essential facilities versus the cost to consolidate functions into modern, right-sized facilities at each location to meet current and programmed future mission requirements. (6) A review of the progress made in prioritizing and funding projects that facilitate process efficiencies and consolidate and contribute to availability cost and schedule reductions. (7) An accounting of the backlog of restoration and modernization projects at the ammunition production facility. (c) Elements of investment strategy To satisfy the requirements of subsection (a)(2), the investment strategy for an ammunition production facility must include the following specific elements: (1) A description of the funding sources for such infrastructure construction, facility improvements, and production equipment, including authorized military construction projects, appropriations available for operation and maintenance, and appropriations available for procurement of Army ammunition in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense. (2) A timeline to complete the investment strategy. (3) A list of projects and a brief scope of work for each such project. (4) Cost estimates necessary to complete projects for mission essential facilities. (d) Annual updates Not later than March 31, 2023, and each March 31 thereafter through March 31, 2026, the Secretary of the Army shall submit to the congressional defense committees a report containing the following: (1) A description of any revisions made during the previous year to master plans and investment strategies submitted under subsection (a). (2) A description of any revisions to be made or being considered to the master plans and investment strategies. (3) An explanation of the reasons for each revision, whether made, to be made, or being considered. (4) A description of the progress made in improving infrastructure, facility, and production equipment at each ammunition production facility consistent with the master plans and investment strategies. (e) Delegation authority The Secretary of the Army shall carry out this section acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects (a) Amendment required The Secretary of Defense shall amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that military construction planning and design for buildings likely to be regularly frequented by nursing mothers who are members of the uniformed services, civilian employees of the Department of Defense, contractor personnel, or visitors include a private nursing and lactation room or other private space suitable for that purpose. (b) Deadline The Secretary of Defense shall complete the amendment process required by subsection (a) and implement the amended UFC 1–4.2 not later than one year after the date of the enactment of this Act. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems (a) Publication and comment period requirements The Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days. (b) Notice and justification requirements The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register. 2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations (a) Unified Facilities Criteria Amendment required To the extent practicable, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019. (b) Implementation of amendment The Secretary of Defense shall complete the amendment process required by subsection (a) in a timely manner so that any Department of Defense Form 1391 submitted to Congress in connection with the budget submission for fiscal year 2024 and thereafter complies with the Unified Facilities Criteria, as amended pursuant to such subsection. (c) Reporting requirement Not later than February 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report— (1) describing the extent to which the Unified Facilities Criteria, as amended pursuant to subsection (a), incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019, as required by such subsection; and (2) in the case of any instance in which the Unified Facilities Criteria continues to deviate from such consensus-based codes and standards for energy efficiency and conservation, identifying the deviation and explaining the reasons for the deviation. 2844. Additional Department of Defense activities to improve energy resiliency of military installations (a) Consideration of including energy microgrid in military construction projects (1) Amendment of Unified Facilities Criteria required The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing an energy microgrid as part of the project, including intentional islanding capability of at least seven consecutive days, for the purpose of— (A) promoting on-installation energy security and energy resilience; and (B) facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ). (2) Deadline The Secretary of Defense shall complete the amendment process required by paragraph (1) and implement the amendment not later than September 1, 2022. (b) Contracts for Emergency access to existing on-installation renewable energy sources In the case of a covered renewable energy generating source located on a military installation pursuant to a lease of non-excess defense property under section 2667 of title 10, United States Code, the Secretary of the military department concerned is encouraged to negotiate with the owner and operator of the renewable energy generating source to revise the lease contract to permit the military installation to access the renewable energy generating source during an emergency. The negotiations shall include consideration of the ease of modifying the renewable energy generating source to include an islanding capability, the necessity of additional infrastructure to tie the renewable energy generating source into the installation energy grid, and the cost of such modifications and infrastructure. (c) Definitions In this section: (1) The term covered renewable energy generating source means a renewable energy generating source that, on the date of the enactment of this Act— (A) is located on a military installation inside the United States; but (B) cannot be used as a direct source of resilient energy for the installation in the event of a power disruption. (2) The term islanding capability refers to the ability to remove an energy system, such as a microgrid, from the local utility grid and to operate the energy system, at least temporarily, as an integrated, stand-alone system, during an emergency involving the loss of external electric power supply. (3) The term microgrid means an integrated energy system consisting of interconnected loads and energy resources with an islanding capability to permit functioning separate from the local utility grid. 2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California (a) Modification of original use restriction Section 3(a) of Public Law 87–662 (76 Stat. 546) is amended by inserting after educational purposes the following: , which may include technology innovation and entrepreneurship programs and establishment of innovation incubators. (b) Execution If necessary to effectuate the amendment made by subsection (a), the Secretary of the Navy shall execute and file in the appropriate office an amended deed or other appropriate instrument reflecting the modification of restrictions on the use of former Camp Matthews conveyed to the regents of the University of California pursuant to Public Law 87–662. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts (a) Conveyance authorized The Secretary of the Air Force may convey to the Commonwealth of Massachusetts (in this section referred to as the Commonwealth ) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon and related easements, consisting of approximately 10 acres located on Joint Base Cape Cod, Bourne, Massachusetts. (b) Conditions of conveyance The conveyance under subsection (a) shall be subject to valid existing rights and the Commonwealth shall accept the real property, and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance as is ). (c) Consideration (1) Consideration required As consideration for the conveyance under subsection (a), the Commonwealth shall pay to the United States an amount equal to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary. (2) Treatment of consideration received Consideration received under paragraph (1) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection. (d) Payment of costs of conveyance (1) Payment required The Secretary of the Air Force shall require the Commonwealth to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Commonwealth in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Commonwealth. (2) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to an appropriate fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (f) Additional terms and conditions The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2853. Land conveyance, Saint Joseph, Missouri (a) Conveyance authorized At such time as the Missouri Air National Guard vacates their existing location on the southern end of the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri, as determined by the Secretary of the Air Force, the Secretary may convey to the City of Saint Joseph, Missouri (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 54 acres at the Rosecrans Air National Guard Base in Saint Joseph, Missouri, for the purpose of removing the property from the boundaries of the Rosecrans Air National Guard Base and accommodating the operations and maintenance needs of the Rosecrans Memorial Airport as well as the development of the parcels and buildings for economic purposes. (b) Condition of conveyance The conveyance under subsection (a) shall be subject to valid existing rights and the City shall accept the real property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance as is ). (c) Consideration (1) Requirement As consideration for the conveyance of the property under subsection (a), the City shall provide the United States an amount that is equivalent to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary of the Air Force. (2) Types of consideration (A) In general Except as provided in subparagraph (B), the consideration required to be provided under paragraph (1) may be provided by land exchange, in-kind consideration described in subparagraph (D), or a combination thereof. (B) Less than fair market value If the value of the land exchange or in-kind consideration provided under subparagraph (A) is less than the fair market value of the property interest to be conveyed under subsection (a), the City shall pay to the United States an amount equal to the difference between the fair market value of the property interest and the value of the consideration provided under subparagraph (A). (C) Cash consideration Any cash consideration received by the United States under this subsection shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and available in accordance with the provisions of subparagraph (B)(ii) of such section. (D) In-kind consideration In-kind consideration described in this subparagraph may include the construction, provision, improvement, alteration, protection, maintenance, repair, or restoration (including environmental restoration), or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri Air National Guard at Rosecrans Air National Guard Base that the Secretary considers appropriate. (d) Payment of costs of conveyance (1) Payment required The Secretary of the Air Force may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. (2) Treatment of amounts received Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (f) Additional terms and conditions The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri (a) Conveyance to Land Clearance for Redevelopment Authority of the City of St. Louis (1) Conveyance authorized The Secretary of the Air Force may convey to the Land Clearance for Redevelopment Authority of the City of St. Louis (in this section referred to as the Authority ) all right, title, and interest of the United States in and to a parcel of real property, including all improvements thereon, consisting of approximately 24 acres located at 3200 S. 2nd Street, St. Louis, Missouri, for purpose of permitting the Authority to redevelop the property. (2) Limitation The Secretary may convey to the Authority only that portion of the parcel of real property described in paragraph (1) that is declared excess to the needs of the Department of Defense. (b) Consideration (1) Consideration required As consideration for the conveyance under subsection (a), the Authority shall pay to the Secretary of the Air Force an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. (2) In-kind consideration In-kind consideration provided by the Authority under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs that the Secretary considers acceptable. (c) Terms of conveyance (1) Instrument of conveyance; acceptance The conveyance under subsection (a) shall be subject to valid existing rights and shall be accomplished using a quitclaim deed or other legal instrument. (2) Conditions (A) In general Subject to paragraph (3), the Authority shall accept the real property conveyed under subsection (a), and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance as is ). (B) Environmental conditions The conveyance under subsection (a) may include conditions, restrictions, or covenants related the environmental condition of the conveyed property, which shall not adversely interfere with the use of existing structures and the development of the property for commercial or industrial uses. (C) Historical property conditions The conveyance under subsection (a) may include conditions, restrictions, or covenants to ensure preservation of historic property, notwithstanding the effect such conditions, restrictions, or covenants may have on reuse of the property. (3) Conduct of remediation (A) In general The Secretary of the Air Force shall conduct all remediation at the real property conveyed under subsection (a) pursuant to approved activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Defense Environmental Restoration Program under section 2701 of title 10, United States Code. (B) Completion of remediation The Secretary shall complete all remediation at the parcel of land conveyed under subsection (a) in accordance with the requirements selected in the Record of Decision, Scott Air Force Base Environmental Restoration Program Site SS018, National Imagery and Mapping Agency, Second Street, dated August 2019. (d) Payment of costs of conveyance (1) Payment required The Secretary of the Air Force shall require the Authority to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Authority. (2) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Relation to other laws (1) Historic preservation The conveyance under subsection (a) shall be carried out in compliance with division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act). (2) Rule of construction Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). (f) Description of property The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (g) Additional terms and conditions The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina (a) Conveyance authorized The Secretary of the Navy may convey to the City of Havelock, North Carolina (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 30 acres, known as the former Fort Macon Housing Area, located within the City limits. (b) Interim lease Until such time as the real property described in subsection (a) is conveyed to the City, the Secretary of the Navy may lease the property to the City for 20 years. (c) Consideration (1) In general As consideration for the conveyance under subsection (a) and interim lease under subsection (b), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. (2) In-kind consideration In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Air Station Cherry Point, North Carolina, that the Secretary considers acceptable. (3) Disposition of amounts (A) Conveyance Amounts received by the Secretary in exchange for the fee title of the real property described in subsection (a) shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section. (B) Interim lease Amounts received by the Secretary for the interim lease of the real property described in subsection (a) shall be deposited in the special account in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, and shall be available for use in accordance with paragraph (1)(D) of such subsection. (d) Payment of costs of conveyance (1) In general The Secretary of the Navy shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a) and interim lease under subsection (b), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts If amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a) and interim lease under subsection (b), the Secretary shall refund the excess amount to the City. (e) Condition of conveyance Conveyance of real property shall be subject to all existing easements, restrictions, and covenants of record and conditioned upon the following: (1) Real property shall be used for municipal park and recreational purposes, which may include ancillary uses such as vending and restrooms. (2) The City shall not use Federal funds to cover any portion of the amounts required by subsections (c) and (d) to be paid by the City. (f) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (g) Exclusion of requirements for prior screening by General Services Administration for additional Federal use Section 2696(b) of title 10, United States Code, does not apply to the conveyance of real property authorized under subsection (a). (h) Additional terms The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia (a) Conveyance authorized (1) In general The Secretary of the Navy may convey to the City of Virginia Beach, Virginia (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property located at 4200 C Avenue, Virginia Beach, Virginia, including any improvements thereon, consisting of approximately 8 acres. (2) Authority to void land use restrictions The Secretary may void any land use restrictions associated with the property to be conveyed under paragraph (1). (b) Consideration (1) In general As consideration for the conveyance under subsection (a)(1), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described in paragraph (2), or a combination thereof. (2) In-kind consideration In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Naval Air Station Oceana, Virginia, that the Secretary considers acceptable. (3) Disposition of funds Cash received in exchange for the fee title of the property conveyed under subsection (a)(1) shall be deposited in the special account in the Treasury established under subparagraph (A) of section 572(b)(5) of title 40, United States Code, and shall be available for use in accordance with subparagraph (B)(ii) of such section. (c) Payment of costs of conveyance (1) Payment required The Secretary of the Navy shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(1), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. (2) Refund of excess amounts If amounts are collected under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a)(1), the Secretary shall refund the excess amount to the City. (3) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance under subsection (a)(1). Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of property The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a)(1) shall be determined by a survey satisfactory to the Secretary of the Navy. (e) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a)(1) as the Secretary considers appropriate to protect the interests of the United States. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia (a) Conveyance authorized (1) In general The Secretary of the Navy may convey to the School Board of the City of Virginia Beach, Virginia (in this section referred to as VBCPS ) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.77 acres at Naval Air Station Oceana, Virginia Beach, Virginia, located at 121 West Lane (GPIN: 2407-94-0772) for the purpose of permitting VBCPS to use the property for educational purposes. (2) Continuation of existing easements, restrictions, and covenants The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act. (b) Consideration (1) Consideration required; amount As consideration for the conveyance under subsection (a), VBCPS shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property to be conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final of the property to be conveyed. (2) Form of consideration The consideration required by paragraph (1) may be in the form of a cash payment, in-kind consideration as described in paragraph (3), or a combination thereof, as acceptable to the Secretary. Cash consideration shall be deposited in the special account in the Treasury established under section 572 of title 40, United States Code, and the entire amount deposited shall be available for use in accordance with subsection (b)(5)(ii) of such section. (3) In-kind consideration The Secretary may accept as in-kind consideration under this subsection the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or the delivery of services, relating to the needs of Naval Air Station Oceana. (c) Payment of costs of conveyance (1) Payment required The Secretary of the Navy shall require VBCPS to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to VBCPS. (2) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Limitation on source of funds VBCPS may not use Federal funds to cover any portion of the costs required by subsections (b) and (c) to be paid by VBCPS. (e) Description of property The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (f) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2861. Pilot program on increased use of sustainable building materials in military construction (a) Pilot Program required Each Secretary of a military department shall conduct a pilot program to evaluate the effect that the use of sustainable building materials as the primary construction material in military construction may have on the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of military construction. (b) Project selection and locations (1) Minimum number of projects Each Secretary of a military department shall carry out at least one military construction project under the pilot program. (2) Project locations The pilot program shall be conducted at military installations in the continental United States— (A) that are identified as vulnerable to extreme weather events; and— (B) for which a military construction project is authorized but a request for proposal has not been released. (c) Inclusion of military Unaccompanied Housing project The Secretaries of the military departments shall coordinate the selection of military construction projects to be carried out under the pilot program so that at least one of the military construction projects involves construction of military unaccompanied housing. (d) Duration of program The authority of the Secretary of a military department to carry out a military construction project under the pilot program shall expire on September 30, 2024. Any construction commenced under the pilot program before the expiration date may continue to completion. (e) Reporting Requirement (1) Report required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2024, the Secretaries of the military departments shall submit to the congressional defense committees a report on the progress of the pilot program. (2) Report elements The report shall include the following: (A) A description of the status of the military construction projects selected to be conducted under the pilot program. (B) An explanation of the reasons why those military construction projects were selected. (C) An analysis of the following: (i) The projected or actual carbon footprint over the full life cycle of the various sustainable building materials evaluated in the pilot program. (ii) The life cycle costs of the various sustainable building materials evaluated in the pilot program. (iii) The resilience to extreme weather events of the various sustainable building materials evaluated in the pilot program. (iv) Any impact on construction timeliness of using the various sustainable building materials evaluated in the pilot program. (v) The cost effectiveness of the military construction projects conducted under the pilot program using sustainable building materials as compared to other materials historically used in military construction. (D) Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of sustainable building materials, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible. (f) Sustainable building materials defined In this section, the term sustainable building material means any building material the use of which will reduce carbon emissions over the life cycle of the building. The term includes mass timber, concrete, and other carbon-reducing materials. 2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force (a) Pilot Program required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall establish a pilot program to authorize installations of the Department of the Air Force to establish a reimbursable account for the purpose of being reimbursed for the use of testing facilities on such installation. (b) Installations selected The Secretary of the Air Force shall select not more than two installations of the Department of the Air Force to participate in the pilot program from among any such installations that are part of the Air Force Flight Test Center construct and are currently funded for Facility, Sustainment, Restoration, and Modernization (FSRM) through the Research, Development, Test, and Evaluation account of the Department of the Air Force. (c) Oversight of funds (1) Installation commander The commander of an installation selected for the pilot program shall have direct oversight over 50 percent of the funds allocated to the installation for Facility, Sustainment, Restoration, and Modernization. (2) Air force civil engineer center commander The Commander of the Air Force Civil Engineer Center shall have direct oversight over the remaining 50 percent of Facility, Sustainment, Restoration, and Modernization funds allocated to an installation selected for the pilot program. (d) Briefing and report (1) Briefing Not later than 30 days after establishing the pilot program, the Secretary of the Air Force shall brief the congressional defense committees on the pilot program. (2) Annual report Not later than one year after establishing the pilot program under subsection (a), and annually thereafter through the year following termination of the pilot program, the Secretary of the Air Force shall submit to the congressional defense committees a report on the pilot program. (e) Termination The pilot program shall terminate on December 1, 2026. 2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific The Secretary of the Navy shall designate an administrative position within the Naval Facilities Engineering Systems Command Pacific for the purpose of improving the continuity of management and oversight of real property and infrastructure assets in the Pacific Area of Responsibility related to the training needs of the Armed Forces, particularly regarding leased property for which the lease will expire within 10 years after the date of the enactment of this Act. 2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i (a) Annual briefing required Not later than February 1 of each year, the Secretary of Defense shall brief the congressional defense committee on the progress being made by the Department of Defense to renew each Department of Defense land lease and easement in the State of Hawai‘i that— (1) encompasses one acre or more; and (2) will expire within 10 years after the date of the briefing. (b) Required elements of briefing Each briefing provided under subsection (a) shall include the following: (1) The location, size, and expiration date of each lease and easement described in such subsection. (2) Major milestones and expected timelines for maintaining access to the land covered by such lease and easement. (3) Actions completed over the preceding two years for such lease and easement. (4) Department-wide and service-specific authorities governing the extension of such lease and easement. (5) A summary of coordination efforts between the Secretary of Defense and the Secretaries of the military departments. (6) The status of efforts to develop an inventory of military land in Hawai‘i, including current and possible future uses of the land, that would assist in land negotiations with the State of Hawai‘i. (7) The risks and potential solutions to ensure the renewability of required and critical leases and easements. 2873. Hawai‘i Military Land Use Master Plan (a) Update of Master Plan Required Not later than December 31, 2025, the Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan, which was first produced by the Department of Defense in 1995 and last updated in 2021. (b) Elements In updating the Hawai‘i Military Land Use Master Plan as required by subsection (a), the Commander of the United States Indo-Pacific Command shall consider, address, and include the following: (1) The priorities of each individual Armed Force and joint priorities within the State of Hawai‘i. (2) The historical background of Armed Forces and Department of Defense use of lands in Hawai‘i and the cultural significance of the historical land holdings. (3) A summary of all leases and easements held by the Department of Defense. (4) An overview of Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Hawai‘i National Guard, and Hawai‘i Air National Guard assets in the State, including the following for each asset: (A) The location and size of facilities. (B) Any tenet commands. (C) Training lands. (D) Purpose of the asset. (E) Priorities for the asset for the next five years, including any planned divestitures and expansions. (5) A summary of encroachment planning efforts. (6) A summary of efforts to synchronize the inter-service use of training lands and ranges. (c) Cooperation The Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan under this section in conjunction with the Deputy Assistant Secretary of Defense for Real Property. (d) Submission of updated plan Not later than 30 days after the date of the completion of the update to the Hawai‘i Military Land Use Master Plan required by subsection (a), the Commander of the United States Indo-Pacific Command shall submit the updated master plan to the Committees on Armed Services of the Senate and the House of Representatives. 2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities Section 2861 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 10 U.S.C. 113 note; 133 Stat. 1899) is amended by striking requirements of national model fire codes developed by the National Fire Protection Association and the International Code Council and inserting NFPA 1, Fire Code of the National Fire Protection Association and applicable requirements of the international building code and international fire code of the International Code Council. 2882. GAO review and report of military construction contracting at military installations inside the United States (a) Review required The Comptroller General of the United States shall perform a review to assess the contracting approaches authorized pursuant to section 2802 of title 10, United States Code, used to maintain and upgrade military installations inside the United States. (b) Elements of review In conducting the review required by subsection (a), the Comptroller General should consider, to the extent practicable, such issues as the following: (1) The extent to which the Department of Defense uses competitive procedures when awarding contracts to contractors to maintain or upgrade military installations inside the United States. (2) The number of contractors awarded such a contract that are considered a small business, and the percentage that these contracts comprise of all such contracts. (3) The extent to which the primary business location of each contractor awarded such a contract is located within 60 miles of the military installation where the contract is to be performed. (4) The extent to which contractors awarded such a contract in turn use subcontractors and suppliers whose primary business location is located within 60 miles of the military installation where the contract is to be performed. (5) The extent to which the source selection procedures used by the responsible contracting organization considers whether offerors are small businesses or are businesses that are located within 60 miles of the military installation where the contract is to be performed. (6) Any other matters the Comptroller General determines relevant to the review. (c) Report required Not later than March 31, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review required by subsection (a). (d) Small business defined In this section, the term small business means a contractor that is a small-business concern as such term is defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ). 3101. National Nuclear Security Administration (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 22–D–513, Power Sources Capability, Sandia National Laboratories, Albuquerque, New Mexico, $13,827,000. Project 22–D–514, Digital Infrastructure Capability Expansion, Lawrence Livermore National Laboratory, Livermore, California, $8,000,000. Project 22–D–531, KL Chemistry and Radiological Health Building, Knolls Atomic Power Laboratory, Schenectady, New York, $41,620,000. Project 22–D–532, KL Security Upgrades, Knolls Atomic Power Laboratory, Schenectady, New York, $5,100,000. Shipping & Receiving (Exterior), Los Alamos National Laboratory, Los Alamos, New Mexico, $9,700,000. TCAP Restoration Column A, Savannah River Site, Aiken, South Carolina, $4,700,000. 3102. Defense environmental cleanup (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 22–D–401, 400 Area Fire Station, Hanford Site, Richland, Washington, $15,200,000. Project 22–D–402, 200 Area Water Treatment Facility, Hanford Site, Richland, Washington, $12,800,000. Project 22–D–403, Idaho Spent Nuclear Fuel Staging Facility, Idaho National Laboratory, Idaho Falls, Idaho, $3,000,000. Project 22–D–404, Additional ICDF Landfill Disposal Cell and Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls, Idaho, $5,000,000. 3103. Other defense activities Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for other defense activities in carrying out programs as specified in the funding table in section 4701. 3104. Nuclear energy Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for nuclear energy as specified in the funding table in section 4701. 3111. Plutonium pit production capacity (a) Certifications Section 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a ) is amended by adding at the end the following new subsections: (d) Certifications on plutonium enterprise (1) Requirement Not later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project. (2) Failure to certify If the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph (1) by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph. (e) Reports (1) Requirement Not later than March 1 of each year during the period beginning on the date on which the first covered project achieves critical decision 2 in the acquisition process and ending on the date on which the second project achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the planned production goals of both covered projects during the first 10 years of the operation of the projects. (2) Elements Each report under paragraph (1) shall include— (A) the number of war reserve plutonium pits planned to be produced during each year, including the associated warhead type; (B) a description of risks and challenges to meeting the performance baseline for the covered projects, as approved in critical decision 2 in the acquisition process; (C) options available to the Administrator to balance scope, costs, and production requirements at the projects to decrease overall risk to the plutonium enterprise and enduring plutonium pit requirements; and (D) an explanation of any changes to the production goals or requirements as compared to the report submitted during the previous year. (f) Covered project defined In this subsection, the term covered project means— (1) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or (2) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).. (b) Briefing Not later than May 1, 2022, the Administrator for Nuclear Security and the Director for Cost Estimating and Program Evaluation shall jointly provide to the congressional defense committees a briefing on the ability of the National Nuclear Security Administration to carry out the plutonium enterprise of the Administration, including with respect to the adequacy of the program management staff of the Administration to execute covered projects (as defined in subsection (f) of section 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a ), as amended by subsection (a)). 3112. Improvements to cost estimates informing analyses of alternatives (a) In general Subtitle A of title XLVII of the Atomic Energy Defense Act ( 50 U.S.C. 2741 et seq. ) is amended by adding at the end the following new section: 4718. Improvements to cost estimates informing analyses of alternatives (a) Requirement for analyses of alternatives The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of project engineering and design funds In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if— (1) the Administrator— (A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification.. (b) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4717 the following new item: Sec. 4718. Improvements to cost estimates informing analyses of alternatives.. 4718. Improvements to cost estimates informing analyses of alternatives (a) Requirement for analyses of alternatives The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of project engineering and design funds In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if— (1) the Administrator— (A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification. 3113. University-based defense nuclear policy collaboration program Title XLVIII of the Atomic Energy Defense Act ( 50 U.S.C. 2781 et seq. ) is amended by adding at the end the following new section (and conforming the table of contents accordingly): 4853. University-based defense nuclear policy collaboration program (a) Program The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814. (b) Purposes The purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. (2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. (3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats. (c) Duties (1) Support The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants. (2) Individuals described The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to— (A) defense nuclear nonproliferation; (B) arms control; (C) nuclear deterrence; (D) the study of foreign nuclear programs; (E) nuclear security; or (F) educating and training the next generation of defense nuclear policy experts.. 4853. University-based defense nuclear policy collaboration program (a) Program The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814. (b) Purposes The purposes of the consortium under subsection (a) are as follows: (1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. (2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. (3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats. (c) Duties (1) Support The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants. (2) Individuals described The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to— (A) defense nuclear nonproliferation; (B) arms control; (C) nuclear deterrence; (D) the study of foreign nuclear programs; (E) nuclear security; or (F) educating and training the next generation of defense nuclear policy experts. 3114. Defense environmental cleanup programs (a) Establishment of programs Subtitle A of title XLIV of the Atomic Energy Defense Act ( 50 U.S.C. 2581 et seq. ) is amended by inserting after section 4406 the following new section (and conforming the table of contents at the beginning of such Act accordingly): 4406A. Other programs relating to technology development (a) Incremental Technology Development Program (1) Establishment The Secretary may establish a program, to be known as the Incremental Technology Development Program , to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office. (2) Focus (A) Improvements In carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including— (i) decontamination chemicals and techniques; (ii) remote sensing and wireless communication to reduce manpower and laboratory efforts; (iii) detection, assay, and certification instrumentation; and (iv) packaging materials, methods, and shipping systems. (B) Other areas The Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A). (3) Use of new and emerging technologies (A) Development and demonstration In carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations. (B) Collaboration required The Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program. (4) Agreements to carry out projects (A) Authority In carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2). (B) Selection The Secretary shall select projects under subparagraph (A) through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (C) Cost-sharing The Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent. (D) Briefing Not later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (b) High-Impact Technology Development Program (1) Establishment The Secretary shall establish a program, to be known as the High-Impact Technology Development Program , under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission— (A) holistically address difficult challenges; (B) hold the promise of breakthrough improvements; or (C) align existing or in-use technologies with difficult challenges. (2) Areas of focus The Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following: (A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on— (i) real-time field acquisition; and (ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration. (B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex. (C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of— (i) remediation systems; and (ii) noninvasive near-field monitoring techniques. (D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on— (i) rapid and nondestructive examination and assay techniques; and (ii) methods to determine radio-nuclide, heavy metals, and organic constituents. (E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites. (F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment. (G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates— (i) to address engineering adaptations; (ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and (iii) to enable successful deployment at full-scale and in support of operations. (H) Developing and demonstrating rapid testing protocols that— (i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community; (ii) can be used to measure long-term waste form performance under realistic disposal environments; (iii) can determine whether a stabilized waste is suitable for disposal; and (iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal. (I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury. (J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines. (3) Project selection (A) Selection The Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (B) Briefing Not later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (c) Environmental Management University Program (1) Establishment The Secretary shall establish a program, to be known as the Environmental Management University Program , to— (A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise; (B) provide institutions of higher education and the Department access to advances in engineering and science; (C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and (D) encourage current employees of the Department to pursue advanced degrees. (2) Areas of focus The Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following: (A) The atomic- and molecular-scale chemistries of waste processing. (B) Contaminant immobilization in engineered and natural systems. (C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine. (D) Elucidating and exploiting complex speciation and reactivity far from equilibrium. (E) Understanding and controlling chemical and physical processes at interfaces. (F) Harnessing physical and chemical processes to revolutionize separations. (G) Tailoring waste forms for contaminants in harsh chemical environments. (H) Predicting and understanding subsurface system behavior and response to perturbations. (3) Individual research grants In carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period. (4) Grants for interdisciplinary collaborations In carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects. (5) Hiring of undergraduates In carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management. (6) Workshops In carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions. (d) Definitions In this section: (1) The term complex means all sites managed in whole or in part by the Office. (2) The term Department means the Department of Energy. (3) The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) The term mission means the mission of the Office. (5) The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) The term Office means the Office of Environmental Management of the Department. (7) The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.. (b) Independent assessment of defense environmental cleanup programs (1) Independent assessment Not later than one year after the date of the enactment of this Act, the Chief of Engineers of the Army shall develop and transmit to the Secretary of Energy and the congressional defense committees an independent assessment of the lifecycle costs and schedules of the defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy. (2) Focus of assessment The Chief of Engineers shall ensure that the assessment under paragraph (1) is focused on— (A) identifying key remaining technical risks and uncertainties of the defense environmental cleanup programs; and (B) providing recommendations to the Secretary and to the congressional defense committees with respect to the annual funding levels for the Incremental Technology Development Program and the High-Impact Technology Development Program established under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), that will ensure maximum cost-savings over the life of the defense environmental cleanup programs of the Office. (3) No effect on program implementation Nothing in this subsection affects the establishment, implementation, or carrying out of any project or program under any other provision of law, including under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), or under any existing agreement or consent decree to which the Department is a party, during the period in which the assessment under paragraph (1) is carried out. 4406A. Other programs relating to technology development (a) Incremental Technology Development Program (1) Establishment The Secretary may establish a program, to be known as the Incremental Technology Development Program , to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office. (2) Focus (A) Improvements In carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including— (i) decontamination chemicals and techniques; (ii) remote sensing and wireless communication to reduce manpower and laboratory efforts; (iii) detection, assay, and certification instrumentation; and (iv) packaging materials, methods, and shipping systems. (B) Other areas The Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A). (3) Use of new and emerging technologies (A) Development and demonstration In carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations. (B) Collaboration required The Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program. (4) Agreements to carry out projects (A) Authority In carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2). (B) Selection The Secretary shall select projects under subparagraph (A) through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (C) Cost-sharing The Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent. (D) Briefing Not later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (b) High-Impact Technology Development Program (1) Establishment The Secretary shall establish a program, to be known as the High-Impact Technology Development Program , under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission— (A) holistically address difficult challenges; (B) hold the promise of breakthrough improvements; or (C) align existing or in-use technologies with difficult challenges. (2) Areas of focus The Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following: (A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on— (i) real-time field acquisition; and (ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration. (B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex. (C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of— (i) remediation systems; and (ii) noninvasive near-field monitoring techniques. (D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on— (i) rapid and nondestructive examination and assay techniques; and (ii) methods to determine radio-nuclide, heavy metals, and organic constituents. (E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites. (F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment. (G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates— (i) to address engineering adaptations; (ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and (iii) to enable successful deployment at full-scale and in support of operations. (H) Developing and demonstrating rapid testing protocols that— (i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community; (ii) can be used to measure long-term waste form performance under realistic disposal environments; (iii) can determine whether a stabilized waste is suitable for disposal; and (iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal. (I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury. (J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines. (3) Project selection (A) Selection The Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves— (i) transparent and open competition; and (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. (B) Briefing Not later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. (c) Environmental Management University Program (1) Establishment The Secretary shall establish a program, to be known as the Environmental Management University Program , to— (A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise; (B) provide institutions of higher education and the Department access to advances in engineering and science; (C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and (D) encourage current employees of the Department to pursue advanced degrees. (2) Areas of focus The Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following: (A) The atomic- and molecular-scale chemistries of waste processing. (B) Contaminant immobilization in engineered and natural systems. (C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine. (D) Elucidating and exploiting complex speciation and reactivity far from equilibrium. (E) Understanding and controlling chemical and physical processes at interfaces. (F) Harnessing physical and chemical processes to revolutionize separations. (G) Tailoring waste forms for contaminants in harsh chemical environments. (H) Predicting and understanding subsurface system behavior and response to perturbations. (3) Individual research grants In carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period. (4) Grants for interdisciplinary collaborations In carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects. (5) Hiring of undergraduates In carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management. (6) Workshops In carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions. (d) Definitions In this section: (1) The term complex means all sites managed in whole or in part by the Office. (2) The term Department means the Department of Energy. (3) The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) The term mission means the mission of the Office. (5) The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) The term Office means the Office of Environmental Management of the Department. (7) The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management. 3115. Modification of requirements for certain construction projects (a) Increase in minor construction threshold for plant projects Section 4701(2) of the Atomic Energy Defense Act ( 50 U.S.C. 2741(2) ) is amended by striking $20,000,000 and inserting $25,000,000. (b) Notification requirement for certain minor construction projects (1) In general Section 4703 of the Atomic Energy Defense Act ( 50 U.S.C. 2743 ) is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): (d) Notification required for certain projects Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until— (1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and (2) a period of 15 days has elapsed after the date on which such notification is received.. (2) Conforming repeal Section 3118(c) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 50 U.S.C. 2743 note) is repealed. (c) Increase in construction design threshold Section 4706(b) of the Atomic Energy Defense Act ( 50 U.S.C. 2746(b) ) is amended by striking $2,000,000 each place it appears and inserting $5,000,000. 3116. Updates to infrastructure modernization initiative Section 3111(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 50 U.S.C. 2402 note) is amended— (1) in paragraph (1), by striking reduce the deferred maintenance and repair needs of the nuclear security enterprise by not less than 30 percent by 2025 and inserting reduce the total deferred maintenance per replacement plant value of the nuclear security enterprise by not less than 45 percent by 2030 ; (2) in paragraph (2)(A)(i)(II), by striking $50,000,000 and inserting $75,000,000 ; (3) in paragraph (3)— (A) in the paragraph heading, by striking Initial plan and inserting Plan required ; and (B) in the matter preceding subparagraph (A)— (i) by striking 2018 and inserting 2022 ; and (ii) by striking an initial plan and inserting a plan ; (4) in paragraph (4)— (A) by striking 2024 and inserting 2023 ; and (B) by striking 2025 and inserting 2030 ; and (5) by adding at the end the following new paragraphs: (5) Annual reports Not later than March 1, 2023, and annually thereafter through 2030, the Administrator for Nuclear Security shall submit to the congressional defense committees a report with respect to whether the updated plan under paragraph (3) is being implemented in a manner adequate to achieve the goal specified in paragraph (1).. 3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel Section 4601(c)(1) of the Atomic Energy Defense Act ( 50 U.S.C. 2701(c)(1) ) is amended by striking September 30, 2021 and inserting September 30, 2026. 3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide (a) In general Section 3132 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( 50 U.S.C. 2569 ) is— (1) transferred to title XLIII of the Atomic Energy Defense Act ( 50 U.S.C. 2565 et seq. ); (2) redesignated as section 4306B; (3) inserted after section 4306A; and (4) amended, in subsection (f)(6), by striking December 31, 2023 and inserting December 31, 2028. (b) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4306A the following new item: Sec. 4306B. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.. 3119. Extension of enhanced procurement authority to manage supply chain risk Section 4806(g) of the Atomic Energy Defense Act ( 50 U.S.C. 2786(g) ) is amended by striking June 30, 2023 and inserting December 31, 2028. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads (a) Prohibition Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the National Nuclear Security Administration may be obligated or expended to reconvert or retire a W76–2 warhead. (b) Waiver The Administrator for Nuclear Security may waive the prohibition in subsection (a) if the Administrator, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees— (1) that Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active stockpiles of the respective country; or (2) that the Department of Defense does not have a valid military requirement for the W76–2 warhead. 3121. Portfolio management framework for National Nuclear Security Administration (a) In general Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall— (1) in consultation with the Nuclear Weapons Council established under section 179 of title 10, United States Code, develop and implement a portfolio management framework for the nuclear security enterprise that— (A) defines the National Nuclear Security Administration’s portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs; (B) establishes a portfolio governance structure, including portfolio-level selection criteria, prioritization criteria, and performance metrics; (C) outlines the approach of the National Nuclear Security Administration to managing that portfolio; and (D) incorporates the leading practices identified by the Comptroller General of the United States in the report titled Nuclear Security Enterprise: NNSA Should Use Portfolio Management Leading Practices to Support Modernization Efforts (GAO–21–398) and dated June 2021; and (2) complete an integrated, comprehensive assessment of the portfolio management capabilities required to execute the weapons activities portfolio of the National Nuclear Security Administration. (b) Briefing requirement Not later than June 1, 2022, the Administrator shall provide to the congressional defense committees a briefing on— (1) the progress of the Administrator in developing the framework described in paragraph (1) of subsection (a) and completing the assessment required by paragraph (2) of that subsection; and (2) the plans of the Administrator for implementing the recommendations of the Comptroller General in the report referred to in paragraph (1)(D) of that subsection. (c) Nuclear security enterprise defined In this section, the term nuclear security enterprise has the meaning given that term in section 4002 of the Atomic Energy Defense Act ( 50 U.S.C. 2501 ). 3131. Modifications to certain reporting requirements (a) Notification of employee practices affecting national security Section 3245 of the National Nuclear Security Administration Act ( 50 U.S.C. 2443 ) is amended by striking subsections (a) and (b) and inserting the following new subsections: (a) Annual notification of security clearance revocations At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, the Administrator shall notify the appropriate congressional committees of— (1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and (2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation. (b) Annual notification of terminations and removals Not later than December 31 of each year, the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year.. (b) Reports on certain transfers of civil nuclear technology Section 3136(a) of the National Defense Authorization Act for Fiscal Year 2016 ( 42 U.S.C. 2077a(a) ) is amended— (1) in the matter preceding paragraph (1), by striking Not less frequently than every 90 days, and inserting At the same time as the President submits to Congress the annual budget request under section 1105 of title 31, United States Code, for a fiscal year, ; (2) in paragraph (1), by striking the preceding 90 days and inserting the preceding year ; and (3) in the heading, by striking Report and inserting Annual reports. (c) Certain annual reviews by Nuclear Science Advisory Committee Section 3173(a)(4)(B) of the National Defense Authorization Act for Fiscal Year 2013 ( 42 U.S.C. 2065(a)(4)(B) ) is amended by striking annual reviews and inserting triennial reviews. 3132. Modification to terminology for reports on financial balances for atomic energy defense activities Section 4732 of the Atomic Energy Defense Act ( 50 U.S.C. 2772 ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (G), by striking committed and inserting encumbered ; (B) in subparagraph (H), by striking uncommitted and inserting unencumbered ; and (C) in subparagraph (I), by striking uncommitted and inserting unencumbered ; and (2) in subsection (c)— (A) by striking paragraphs (1) and (3); (B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (3), respectively; (C) in paragraph (1), as redesignated by subparagraph (B), by striking by the contractor and inserting from the contractor ; (D) by inserting after paragraph (1), as so redesignated, the following new paragraph (2): (2) Encumbered The term encumbered , with respect to funds, means the funds have been obligated to a contract and are being held for a specific known purpose by the contractor. ; (E) in paragraph (3), as so redesignated, by striking by the contractor and inserting from the contractor ; and (F) by inserting after paragraph (3), as so redesignated, the following new paragraph (4): (4) Unencumbered The term unencumbered , with respect to funds, means the funds have been obligated to a contract and are not being held for a specific known purpose by the contractor.. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile Section 4205(e)(3) of the Atomic Energy Defense Act ( 50 U.S.C. 2525(e)(3) ) is amended— (1) in subparagraph (A), by inserting , including with respect to cyber assurance, after methods ; and (2) in subparagraph (B), by inserting , and the confidence of the head in such tools and methods after the assessments. 3134. Report on plant-directed research and development Section 4812A of the Atomic Energy Defense Act ( 50 U.S.C. 2793 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): (b) Plant-directed research and development (1) In general The report required by subsection (a) shall include, with respect to plant-directed research and development, the following: (A) A financial accounting of expenditures for such research and development, disaggregated by nuclear weapons production facility. (B) A breakdown of the percentage of research and development conducted by each such facility that is plant-directed research and development. (C) An explanation of how each such facility plans to increase the availability and utilization of funds for plant-directed research and development. (2) Plant-directed research and development defined In this subsection, the term plant-directed research and development means research and development selected by the director of a nuclear weapons production facility.. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials Section 3113 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 50 U.S.C. 2512 note) is amended by adding at the end the following new subsection: (e) Reports The Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report— (1) identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the National Nuclear Security Administration; (2) describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps; (3) describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps; (4) setting forth the anticipated timelines and resources needed for such mitigating actions; and (5) describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal Government or the private sector to address such risks and gaps.. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio (a) In general The National Nuclear Security Administration shall release all of its reversionary rights without reimbursement to the building located at 4170 Allium Court, Springfield, Ohio, also known as the Advanced Technical Intelligence Center for Human Capital Development, to the Community Improvement Corporation of Clark County and the Chamber of Commerce. (b) Fee simple interest The fee simple interest in the property, on which the building described in subsection (a) is located, shall be transferred from the Advanced Technical Intelligence Center for Human Capital Development to the Community Improvement Corporation of Clark County prior to or concurrent with the release of the reversionary rights of the National Nuclear Security Administration under subsection (a). 3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities (a) In general Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Administrator for Nuclear Security shall submit to the congressional defense committees and the Comptroller General of the United States a comprehensive strategy for treating, storing, and disposing of defense nuclear waste generated as a result of stockpile maintenance and modernization activities. (b) Elements The strategy required by subsection (a) shall include the following: (1) A projection of the location, type, and quantity of defense nuclear waste the National Nuclear Security Administration anticipates generating as a result of stockpile maintenance and modernization activities during the periods of five and 10 fiscal years after the submission of the strategy, with a long-term outlook for the period of 25 fiscal years after such submission. (2) Budgetary estimates associated with the projection under paragraph (1) during the period of five fiscal years after the submission of the strategy. (3) A description of how the National Nuclear Security Administration plans to coordinate with the Office of Environmental Management of the Department of Energy to treat, store, and dispose of the type and quantity of waste projected to be generated under paragraph (1). (4) An identification of— (A) disposal facilities that could accept that waste; (B) disposal facilities that could accept that waste with modifications; and (C) in the case of facilities described in subparagraph (B), the modifications necessary for such facilities to accept that waste. (c) Follow-on strategy Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2027, the Administrator shall submit to the congressional defense committees a follow-on strategy to the strategy required by subsection (a) that includes— (1) the elements set forth in subsection (b); and (2) any other matters that the Administrator considers appropriate. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration (a) Roadmap for acquisition (1) In general Not later than two years after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a roadmap for the acquisition by the Administration of high-performance computing capabilities during the 10-year period following submission of the roadmap. (2) Elements The roadmap required by paragraph (1) shall include the following: (A) A description of the high-performance computing capabilities required to support the mission of the Administration as of the date on which the roadmap is submitted under paragraph (1). (B) An identification of any existing or anticipated gaps in such capabilities. (C) A description of the high-performance computing capabilities anticipated to be required by the Administration during the 10-year period following submission of the roadmap, including computational performance and other requirements, as appropriate. (D) A description of the strategy of the Administration for acquiring such capabilities. (E) An assessment of the ability of the industrial base to support that strategy. (F) Such other matters the Administrator considers appropriate. (3) Consultation and considerations In developing the roadmap required by paragraph (1), the Administrator shall— (A) consult with the Secretary of Energy; and (B) take into consideration the findings of the review of the future of computing beyond exascale computing conducted by the National Academy of Sciences under section 3172 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (b) Independent assessment of high-performance computing acquisitions (1) In general The Administrator shall seek to enter into an agreement with a federally funded research and development center to assess the first acquisition of high-performance computing capabilities by the Administration after the date of the enactment of this Act. (2) Elements The assessment required by paragraph (1) of the acquisition of high-performance computing capabilities described in that paragraph shall include an assessment of the following: (A) The mission needs of the Administration met by the acquisition. (B) The evidence used to support the acquisition decision, such as an analysis of alternatives or business case analyses. (C) Market research performed by the Advanced Simulation and Computing Program related to the acquisition. (3) Report required (A) In general Not later than 90 days after entering into the arrangement under paragraph (1), the Administrator shall submit to the congressional defense committees a report on the assessment conducted under paragraph (1). (B) Form of report The report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex. 3139. Study on the W80–4 nuclear warhead life extension program (a) Study Not later than 30 days after the date of the enactment of this Act, the Director for Cost Estimation and Program Evaluation shall initiate a study on the W80–4 nuclear warhead life extension program. (b) Matters included The study under subsection (a) shall include the following: (1) An explanation of any increases in actual or projected costs of the W80–4 nuclear warhead life extension program. (2) An analysis of projections of total program costs and planned program schedules. (3) An analysis of the potential impacts on other programs as a result of additional funding required to maintain the planned program schedule for the W80–4 nuclear warhead life extension program, including with respect to— (A) other life-extension programs; (B) infrastructure programs; and (C) research, development, test, and evaluation programs. (4) An analysis of the impacts that a delay of the program will have on other programs due to— (A) technical or management challenges; and (B) changes in requirements for the program. (c) Submission Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees the study under subsection (a). (d) Form The study under subsection (a) shall be in unclassified form, but may include a classified annex. 3140. Study on Runit Dome and related hazards (a) Study Not later than 60 days after the date of enactment of this Act, the Secretary of Energy shall seek to enter into an agreement with a federally funded research and development center to conduct a study on the impacts of climate change on the Runit Dome nuclear waste disposal site in Enewetak Atoll, Marshall Islands, and on other environmental hazards due to nuclear weapons testing in the vicinity thereof. The report shall include a scientific analysis of threats to the environment and to the residents of Enewetak Atoll, including— (1) the Runit Dome nuclear waste disposal site; (2) crypts used to contain nuclear waste and other toxins on Enewetak Atoll; and (3) radionuclides and other toxins present in the lagoon of Enewetak Atoll. (b) Public comments In conducting the study under subsection (a), the federally funded research and development center shall solicit public comments. (c) Report Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study conducted under subsection (a). 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing (a) Findings Congress makes the following findings: (1) The Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) was enacted in 1990 to provide monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during atmospheric nuclear weapons testing during the Cold War or following exposure to radiation as a result of employment in the uranium industry during the Cold War. (2) The Radiation Exposure Compensation Act expires on July 9, 2022. Unless that Act is extended, individuals who contract certain cancers and other serious diseases because of events described in paragraph (1) may be unable to claim compensation for such diseases. (b) Sense of Congress It is the sense of Congress that the United States Government should continue to appropriately compensate and recognize the individuals described in subsection (a). 3201. Authorization There are authorized to be appropriated for fiscal year 2022, $31,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ). 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board Chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ) is amended— (1) in section 311(c), in the subsection heading, by striking Chairman, Vice Chairman and inserting Chairperson, Vice Chairperson ; and (2) by striking Chairman each place it appears and inserting Chairperson. 3401. Authorization of appropriations (a) Amount There are hereby authorized to be appropriated to the Secretary of Energy $13,650,000 for fiscal year 2022 for the purpose of carrying out activities under chapter 869 of title 10, United States Code, relating to the naval petroleum reserves. (b) Period of availability Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended. 3501. Authorization of the Maritime Administration (a) In general There are authorized to be appropriated to the Department of Transportation for fiscal year 2022 for programs associated with maintaining the United States merchant marine, the following amounts: (1) For expenses necessary for operations of the United States Merchant Marine Academy, $90,532,000, of which— (A) $85,032,000 shall be for Academy operations, which may be used to hire personnel pursuant to subsection (d) and to implement any recommendations of the Merchant Marine Academy Advisory Council established under subsection (c); and (B) $5,500,000 shall remain available until expended for capital asset management at the Academy. (2) For expenses necessary to support the State maritime academies, $50,780,000, of which— (A) $2,400,000 is for the Student Incentive Program; (B) $6,000,000 is for direct payments; (C) $3,800,000 is for training ship fuel assistance; (D) $8,080,000 is for offsetting the costs of training ship sharing; and (E) $30,500,000 is for maintenance and repair of State maritime academy training vessels. (3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $315,600,000. (4) For expenses necessary to support Maritime Administration operations and programs, $60,853,000. (5) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $10,000,000. (6) For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $318,000,000. (7) For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which— (A) $30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5) )) of loan guarantees under the program; and (B) $3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program. (8) For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United States Code, $60,000,000. (9) For expenses necessary to support maritime environmental and technical assistance activities authorized under section 50307 of title 46, United States Code, $10,000,000. (10) For expenses necessary to support marine highway program activities authorized under chapter 556 of such title, $11,000,000. (11) For expenses necessary to provide assistance to small shipyards and for the maritime training program authorized under section 54101 of title 46, United States Code, $40,000,000. (12) For expenses necessary to implement the Port and Intermodal Improvement Program, $750,000,000, to remain available until expended, except that no such funds may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs within a port of port terminal. (b) Availability of amounts The amounts authorized to be appropriated under subsection (a) shall remain available as follows: (1) The amounts authorized to be appropriated under paragraphs (1)(A), (2)(A), and (4)(A) shall remain available until September 30, 2022. (2) The amounts authorized to be appropriated under paragraphs (1)(B), (2)(B), (D), and (E), (3), (4)(B), (5), (6), (7)(A), (8), and (9) shall remain available until expended without fiscal year limitation. (c) United States Merchant Marine Academy Advisory Council; unfilled vacancies (1) In general Chapter 513 of title 46, United States Code, is amended by adding at the end the following new sections: 51323. United States Merchant Marine Academy Advisory Council (a) Establishment The Secretary of Transportation shall establish an advisory council, to be known as the United States Merchant Marine Academy Advisory Council (in this section referred to as the Council ). (b) Membership (1) In general The Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy. (2) Governmental experts The number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government. (3) Employee status Members of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. (c) Responsibilities The Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary. (d) Personally identifiable information In carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information. 51324. Unfilled vacancies (a) In general In the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions. (b) Critical position defined In this section, the term critical position means a position that contributes to the improvement of— (1) the culture or infrastructure of the Academy; (2) student health and well being; (3) Academy governance; or (4) any other priority areas identified by the Council.. (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new items: 51323. United States Merchant Marine Academy Advisory Council. 51324. Unfilled vacancies.. 51323. United States Merchant Marine Academy Advisory Council (a) Establishment The Secretary of Transportation shall establish an advisory council, to be known as the United States Merchant Marine Academy Advisory Council (in this section referred to as the Council ). (b) Membership (1) In general The Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy. (2) Governmental experts The number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government. (3) Employee status Members of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. (c) Responsibilities The Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary. (d) Personally identifiable information In carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information. 51324. Unfilled vacancies (a) In general In the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions. (b) Critical position defined In this section, the term critical position means a position that contributes to the improvement of— (1) the culture or infrastructure of the Academy; (2) student health and well being; (3) Academy governance; or (4) any other priority areas identified by the Council. 3511. Effective period for issuance of documentation for recreational vessels Section 12105(e)(2) of title 46, United States Code, is amended— (1) by striking subparagraphs (A) and (B) and inserting the following: (A) In general The owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for a certificate of documentation for a recreational vessel or the renewal thereof. ; and (2) by redesignating subparagraph (C) as subparagraph (B). 3512. Committees on maritime matters (a) In general (1) Chapter 555 of title 46, United States Code, is redesignated as chapter 504 of such title and transferred to appear after chapter 503 of such title. (2) Chapter 504 of such title, as redesignated by paragraph (1), is amended in the chapter heading by striking Miscellaneous and inserting Committees. (3) Sections 55501 and 55502 of such title are redesignated as section 50401 and section 50402, respectively, of such title and transferred to appear in chapter 504 of such title (as redesignated by paragraph (1)). (4) The section heading for section 50401 of such title, as redesignated by paragraph (3), is amended to read as follows: United States Committee on the Marine Transportation System. (b) Conforming amendment Section 8332(b)(1) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (division G of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 )) is amended by striking section 55502 and inserting section 50402. (c) Clerical amendments (1) The analysis for chapter 504 of title 46, United States Code, as redesignated by subsection (a)(1), is amended to read as follows: Chapter 504—Committees Sec. 50401. United States Committee on the Marine Transportation System. 50402. Maritime Transportation System National Advisory Committee.. (2) The table of chapters for subtitle V of title 46, United States Code, is amended— (A) by inserting after the item relating to chapter 503 the following: 504. Committees 50401 ; and (B) by striking the item relating to chapter 555. 3513. Port Infrastructure Development Program (a) In general (1) Part C of subtitle V of title 46, United States Code, is amended by adding at the end the following: 543 Port Infrastructure Development Program Sec. 54301. Port infrastructure development program. 54301. Port infrastructure development program . (2) Subsections (c), (d), and (e) of section 50302 of such title are redesignated as subsections (a), (b), and (c) of section 54301 of such title, respectively, and transferred to appear in chapter 543 of such title (as added by paragraph (1)). (b) Amendments to section 54301 Section 54301 of such title, as redesignated by subsection (a)(2), is amended— (1) in subsection (a)— (A) in paragraph (2) by striking or subsection (d) and inserting or subsection (b) ; (B) in paragraph (3)(A)(ii)— (i) in subclause (II) by striking ; or and inserting a semicolon; (ii) by striking subclause (III); and (iii) by adding at the end the following: (III) operational improvements, including projects to improve port resilience; or (IV) environmental and emission mitigation measures; including projects for— (aa) port electrification or electrification master planning; (bb) harbor craft or equipment replacements or retrofits; (cc) development of port or terminal microgrids; (dd) providing idling reduction infrastructure; (ee) purchase of cargo handling equipment and related infrastructure; (ff) worker training to support electrification technology; (gg) installation of port bunkering facilities from oceangoing vessels for fuels; (hh) electric vehicle charge or hydrogen refueling infrastructure for drayage and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or (ii) other related port activities, including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies. ; (C) in paragraph (5)— (i) in subparagraph (A) by striking or subsection (d) and inserting or subsection (b) ; and (ii) in subparagraph (B) by striking subsection (d) and inserting subsection (b) ; (D) in paragraph (6)(B)— (i) in clause (i) by striking ; and and inserting a semicolon; (ii) in clause (ii) by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) a port’s increased resilience as a result of the project. ; (E) in paragraph (7)— (i) in subparagraph (B)— (I) by striking subsection (d) in each place it appears and inserting subsection (b) ; and (II) by striking 18 percent and inserting 25 percent ; (ii) in subparagraph (C) by striking subsection (d)(3)(A)(ii)(III) and inserting subsection (b)(3)(A)(ii)(III) ; (F) in paragraph (8)— (i) in subparagraph (A) by striking or subsection (d) and inserting or subsection (b) ; and (ii) in subparagraph (B)— (I) in clause (i) by striking subsection (d) and inserting subsection (b) ; and (II) in clause (ii) by striking subsection (d) and inserting subsection (b) ; (G) in paragraph (9) by striking subsection (d) and inserting subsection (b) ; (H) in paragraph (10)— (i) in subparagraph (A), by striking subsection (d) and inserting subsection (b) ; (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (iii) by inserting after subparagraph (A) the following new subparagraph (B): (B) Efficient use of non-Federal funds (i) In general Notwithstanding any other provision of law ans subject to approval by the Secretary, in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed— (I) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and (II) any non-Federal funds obligated or expended in accordance with subclause (I) shall be credited toward the non-Federal cost share for the project for which the grant is provided. (ii) Requirements (I) Application In order to obligate and expend non-Federal funds under clause (i), the grant recipient shall submit to the Secretary a request to obligate and expend non- Federal funds under that clause, including— (aa) a description of the activities the grant recipient intends to fund; (bb) a justification for advancing the activities described in item (aa), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and (cc) the level of risk of the activities described in item (aa). (II) Approval The Secretary shall approve or disapprove each request submitted under subclause (I). (III) Compliance with applicable requirements Any obligation or expenditure of non-Federal funds under clause (i) shall be in compliance with all applicable requirements, including any requirements included in the grant agreement. (iii) Effect The obligation or expenditure of any non-Federal funds in accordance with this subparagraph shall not— (I) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; (II) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or (III) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in clause (i). ; and (I) in paragraph (12)— (i) by striking subsection (d) and inserting subsection (b) ; and (ii) by adding at the end the following: (D) Resilience The term resilience means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or manmade hazards, such as sea level rise, flooding, earthquakes, hurricanes, tsunami inundation or other extreme weather events. ; (2) in subsection (b)— (A) in the subsection heading by striking Inland and inserting Inland River ; (B) in paragraph (1) by striking subsection (c)(7)(B) and inserting subsection (a)(7)(B) ; (C) in paragraph (3)(A)(ii)(III) by striking subsection (c)(3)(B) and inserting subsection (a)(3)(B) ; and (D) in paragraph (5)(A) by striking subsection (c)(8)(B) and inserting subsection (a)(8)(B) ; and (3) in subsection (c)— (A) by striking subsection (c) or subsection (d) and inserting subsection (a) or subsection (b) ; and (B) by striking subsection (c)(2) and inserting subsection (a)(2). (c) Grants for emission mitigation measures For fiscal year 2022, the Secretary may make grants under section 54301(a) of title 46, United States Code, as redesignated by subsection (a)(2) and amended by subsection (b), to provide for emission mitigation measures that provide for the use of shore power for vessels to which sections 3507 and 3508 of such title apply, if such grants meet the other requirements set out in such section 54301(a). (d) Clerical amendments The table of chapters for subtitle V of title 46, United States Code, as amended by this title, is further amended by inserting after the item relating to chapter 541 the following: 543. Port Infrastructure Development Program 54301. 54301. Port infrastructure development program 3514. Uses of emerging marine technologies and practices Section 50307 of title 46, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Uses The results of activities conducted under subsection (b)(1) shall be used to inform— (1) the policy decisions of the United States related to domestic regulations; and (2) the position of the United States on matters before the International Maritime Organization.. 3515. Prohibition on participation of long term charters in Tanker Security Fleet (a) Definition of long term charter Section 53401 of title 46, United States Code, is amended by adding at the end the following new paragraph: (8) Long term charter The term long term charter means any time charter of a product tank vessel to the United States Government that, together with options, occurs for a continuous period of more than 180 days.. (b) Participation of long term charters in Tanker Security Fleet Section 53404(b) of such title is amended— (1) by striking The program participant of a and inserting Any ; (2) by inserting long term before charter ; (3) by inserting not before eligible ; and (4) by striking receive payments pursuant to any operating agreement that covers such vessel and inserting participate in the Fleet. 3516. Coastwise endorsement Notwithstanding section 12112 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel WIDGEON (United States official number 1299656). 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Director of the Office of Naval Research, the co-chairs of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act ( 16 U.S.C. 8031 ), and the heads of other relevant agencies, as determined by the Secretary, shall submit to the appropriate congressional committees a report on the combatant commands’ maritime domain awareness efforts to combat the threats posed by illegal, unreported, and unregulated fishing. (b) Contents of report The report required by subsection (a) shall include a detailed summary of each of the following for each combatant command: (1) The activities undertaken to date to combat the threats posed by illegal, unreported, and unregulated fishing in the geographic area of the combatant command, including the steps taken to build partner capacity to combat such threats. (2) Coordination with the Armed Forces of the United States, partner nations, and public-private partnerships to combat such threats. (3) Efforts undertaken to support unclassified data integration, analysis, and delivery with regional partners to combat such threats. (4) Information sharing and coordination with efforts of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act ( 16 U.S.C. 8031 ). (5) Best practices and lessons learned from existing and previous efforts relating to such threats, including strategies for coordination and success in public-private partnerships. (6) Limitations related to affordability, resource constraints, or other gaps or factors that affect the success or expansion of efforts related to such threats. (7) Any new authorities needed to support efforts to combat such threats. (c) Form of report The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 3518. Authorization to purchase duplicate medals (a) In general The Secretary of Transportation, acting through the Administrator of the Maritime Administration, may use funds appropriated for the fiscal year in which the date of the enactment of this Act occurs, or funds appropriated for any prior fiscal year, for the Maritime Administration to purchase duplicate medals authorized under the Merchant Mariners of World War II Congressional Gold Medal Act of 2020 ( Public Law 116–125 ) and provide such medals to eligible individuals who engaged in qualified service who submit an application under subsection (b) and were United States merchant mariners of World War II. (b) Application To be eligible to receive a medal described in subsection (a), an eligible individual who engaged in qualified service shall submit to the Administrator an application containing such information and assurances as the Administrator may require. (c) Eligible individual who engaged in qualified service In this section, the term eligible individual who engaged in qualified service means an individual who, between December 7, 1941, and December 31, 1946— (1) was a member of the United States merchant marine, including the Army Transport Service and the Navy Transport Service, serving as a crewmember of a vessel that was— (A) operated by the War Shipping Administration, the Office of Defense Transportation, or an agent of such departments; (B) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, or harbors of the United States; (C) under contract or charter to, or property of, the Government of the United States; and (D) serving in the Armed Forces; and (2) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service. 4001. Authorization of amounts in funding tables (a) In general Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations. (b) Merit-based decisions (1) In general A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (A) except as provided in paragraph (2), be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and (B) comply with other applicable provisions of law. (2) Exception Paragraph (1)(A) does not apply to a decision to commit, obligate, or expend funds on the basis of a dollar amount authorized pursuant to subsection (a) if the project, program, or activity involved— (A) is listed in section 4201; and (B) is identified as Community Project Funding through the inclusion of the abbreviation CPF immediately before the name of the project, program, or activity. (c) Relationship to transfer and programming authority An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d) Applicability to classified annex This section applies to any classified annex that accompanies this Act. (e) Oral and written communications No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section. 4101. Procurement SEC. 4101. PROCUREMENT (In Thousands of Dollars) Line Item FY 2022 Request Conference Authorized AIRCRAFT PROCUREMENT, ARMY FIXED WING 001 UTILITY F/W AIRCRAFT 20,000 Program increase—fixed wing avionics upgrade [20,000] 004 SMALL UNMANNED AIRCRAFT SYSTEM 16,005 16,005 ROTARY 007 AH–64 APACHE BLOCK IIIA REMAN 504,136 494,136 Unit cost growth [–10,000] 008 AH–64 APACHE BLOCK IIIA REMAN 192,230 192,230 010 UH–60 BLACKHAWK M MODEL (MYP) 630,263 841,763 UH–60 Black Hawk for Army Guard [211,500] 011 UH–60 BLACKHAWK M MODEL (MYP) 146,068 146,068 012 UH–60 BLACK HAWK L AND V MODELS 166,205 166,205 013 CH–47 HELICOPTER 145,218 397,218 Army UFR—Support minimum sustainment rate [252,000] 014 CH–47 HELICOPTER AP 18,559 47,559 Program increase—F Block II [29,000] MODIFICATION OF AIRCRAFT 017 GRAY EAGLE MODS2 3,143 33,143 Program increase—recapitalization of legacy MQ–1C to extended range MDO configuration [30,000] 018 MULTI SENSOR ABN RECON 127,665 122,910 Unjustified cost—spares [–4,755] 019 AH–64 MODS 118,560 118,560 020 CH–47 CARGO HELICOPTER MODS (MYP) 9,918 11,918 Program increase—improved vibration control [2,000] 021 GRCS SEMA MODS 2,762 2,762 022 ARL SEMA MODS 9,437 9,437 023 EMARSS SEMA MODS 1,568 1,568 024 UTILITY/CARGO AIRPLANE MODS 8,530 8,530 025 UTILITY HELICOPTER MODS 15,826 40,826 UH–72 modernization [25,000] 026 NETWORK AND MISSION PLAN 29,206 29,206 027 COMMS, NAV SURVEILLANCE 58,117 58,117 029 AVIATION ASSURED PNT 47,028 45,862 Excess to need [–1,166] 030 GATM ROLLUP 16,776 16,776 032 UAS MODS 3,840 3,840 GROUND SUPPORT AVIONICS 033 AIRCRAFT SURVIVABILITY EQUIPMENT 64,561 64,561 034 SURVIVABILITY CM 5,104 5,104 035 CMWS 148,570 148,570 036 COMMON INFRARED COUNTERMEASURES (CIRCM) 240,412 238,012 Training support cost growth [–2,400] OTHER SUPPORT 038 COMMON GROUND EQUIPMENT 13,561 13,561 039 AIRCREW INTEGRATED SYSTEMS 41,425 41,425 040 AIR TRAFFIC CONTROL 21,759 21,759 TOTAL AIRCRAFT PROCUREMENT, ARMY 2,806,452 3,357,631 MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 002 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN 35,473 35,473 003 M-SHORAD—PROCUREMENT 331,575 331,575 004 MSE MISSILE 776,696 776,696 005 PRECISION STRIKE MISSILE (PRSM) 166,130 166,130 006 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I 25,253 20,253 Maintain level of effort [–5,000] AIR-TO-SURFACE MISSILE SYSTEM 007 HELLFIRE SYS SUMMARY 118,800 115,800 Unit cost growth [–3,000] 008 JOINT AIR-TO-GROUND MSLS (JAGM) 152,177 214,177 Army UFR—Additional JAGM procurement [67,000] Unit cost growth [–5,000] 009 LONG RANGE PRECISION MUNITION 44,744 44,744 ANTI-TANK/ASSAULT MISSILE SYS 010 JAVELIN (AAWS-M) SYSTEM SUMMARY 120,842 125,842 Army UFR—Light Weight Command Launch Units [5,000] 011 TOW 2 SYSTEM SUMMARY 104,412 102,412 Excess to need [–2,000] 012 GUIDED MLRS ROCKET (GMLRS) 935,917 968,262 Army UFR—Restores GMLRS procurement [50,000] Tooling request previously funded [–17,655] 013 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 29,574 29,574 014 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 128,438 128,438 016 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS 68,278 68,278 MODIFICATIONS 017 PATRIOT MODS 205,469 205,469 021 AVENGER MODS 11,227 11,227 022 ITAS/TOW MODS 4,561 4,561 023 MLRS MODS 273,856 273,856 024 HIMARS MODIFICATIONS 7,192 7,192 SPARES AND REPAIR PARTS 025 SPARES AND REPAIR PARTS 5,019 5,019 SUPPORT EQUIPMENT & FACILITIES 026 AIR DEFENSE TARGETS 10,618 10,618 TOTAL MISSILE PROCUREMENT, ARMY 3,556,251 3,645,596 PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 001 ARMORED MULTI PURPOSE VEHICLE (AMPV) 104,727 104,727 002 ASSAULT BREACHER VEHICLE (ABV) 16,454 16,454 003 MOBILE PROTECTED FIREPOWER 286,977 286,977 MODIFICATION OF TRACKED COMBAT VEHICLES 005 STRYKER UPGRADE 1,005,028 1,120,028 Excess growth [–24,000] Program increase [139,000] 006 BRADLEY PROGRAM (MOD) 461,385 538,354 Army UFR—Improved Bradley Acquisition System upgrade [56,969] Program increase [20,000] 007 M109 FOV MODIFICATIONS 2,534 2,534 008 PALADIN INTEGRATED MANAGEMENT (PIM) 446,430 673,430 Army UFR—PIM increase [227,000] 009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) 52,059 52,059 010 ASSAULT BRIDGE (MOD) 2,136 2,136 013 JOINT ASSAULT BRIDGE 110,773 110,773 015 ABRAMS UPGRADE PROGRAM 981,337 1,350,337 Army UFR—Abrams ARNG M1A2SEPv3 fielding [369,000] 016 VEHICLE PROTECTION SYSTEMS (VPS) 80,286 80,286 WEAPONS & OTHER COMBAT VEHICLES 018 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S 31,623 31,623 019 MORTAR SYSTEMS 37,485 50,338 Army UFR—120mm mortar cannon [12,853] 020 XM320 GRENADE LAUNCHER MODULE (GLM) 8,666 8,666 021 PRECISION SNIPER RIFLE 11,040 10,040 Unit cost growth [–1,000] 023 CARBINE 4,434 4,434 024 NEXT GENERATION SQUAD WEAPON 97,087 97,087 026 HANDGUN 4,930 4,930 MOD OF WEAPONS AND OTHER COMBAT VEH 027 MK–19 GRENADE MACHINE GUN MODS 13,027 13,027 028 M777 MODS 21,976 23,771 Army UFR—Software Defined Radio-Hardware Integration Kits [1,795] 030 M2 50 CAL MACHINE GUN MODS 3,612 21,527 Army UFR—Additional M2A1s for MATVs [17,915] SUPPORT EQUIPMENT & FACILITIES 036 ITEMS LESS THAN $5.0M (WOCV-WTCV) 1,068 1,068 037 PRODUCTION BASE SUPPORT (WOCV-WTCV) 90,819 90,819 TOTAL PROCUREMENT OF W&TCV, ARMY 3,875,893 4,695,425 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 001 CTG, 5.56MM, ALL TYPES 47,490 79,890 Army UFR—Enhanced Performance Round and Tracer [32,400] 002 CTG, 7.62MM, ALL TYPES 74,870 101,926 Program increase [28,473] Unit cost growth [–1,417] 003 NEXT GENERATION SQUAD WEAPON AMMUNITION 76,794 76,794 004 CTG, HANDGUN, ALL TYPES 7,812 7,812 005 CTG,.50 CAL, ALL TYPES 29,716 58,116 Program increase [28,400] 006 CTG, 20MM, ALL TYPES 4,371 4,371 008 CTG, 30MM, ALL TYPES 34,511 34,511 009 CTG, 40MM, ALL TYPES 35,231 46,731 Army UFR—MK19 training and war reserves [14,000] BA54 and BA55 uncertainty [–2,500] MORTAR AMMUNITION 010 60MM MORTAR, ALL TYPES 23,219 23,219 011 81MM MORTAR, ALL TYPES 52,135 52,135 012 120MM MORTAR, ALL TYPES 104,144 98,944 Unit cost growth [–5,200] TANK AMMUNITION 013 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 224,503 217,603 Unit cost growth [–6,900] ARTILLERY AMMUNITION 014 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 26,709 57,553 Army UPL [30,844] 015 ARTILLERY PROJECTILE, 155MM, ALL TYPES 174,015 174,715 Army UFR—Additional inventory [5,000] Unit cost growth [–4,300] 016 PROJ 155MM EXTENDED RANGE M982 73,498 61,498 Unit cost growth [–12,000] 017 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 150,873 143,373 Unit cost growth [–7,500] MINES 018 MINES & CLEARING CHARGES, ALL TYPES 25,980 20,980 Excess to need [–5,000] 019 CLOSE TERRAIN SHAPING OBSTACLE 34,761 34,761 ROCKETS 020 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 24,408 22,408 Excess to need [–2,000] 021 ROCKET, HYDRA 70, ALL TYPES 109,536 117,536 Program increase [8,000] OTHER AMMUNITION 022 CAD/PAD, ALL TYPES 6,549 6,549 023 DEMOLITION MUNITIONS, ALL TYPES 27,904 27,904 024 GRENADES, ALL TYPES 37,437 37,437 025 SIGNALS, ALL TYPES 7,530 7,530 026 SIMULATORS, ALL TYPES 8,350 8,350 027 REACTIVE ARMOR TILES 17,755 17,755 MISCELLANEOUS 028 AMMO COMPONENTS, ALL TYPES 2,784 2,784 029 ITEMS LESS THAN $5 MILLION (AMMO) 17,797 17,797 030 AMMUNITION PECULIAR EQUIPMENT 12,290 12,290 031 FIRST DESTINATION TRANSPORTATION (AMMO) 4,331 4,331 032 CLOSEOUT LIABILITIES 99 99 PRODUCTION BASE SUPPORT 034 INDUSTRIAL FACILITIES 538,120 642,620 Army UFR—Demolition of Legacy Nitrate Esters (Nitroglycerin) NG1 Facility, Radford Army Ammunition Plant (RFAAP), Virginia [40,000] Army UFR—Environmental, Safety, Construction, Maintenance and Repair of GOCO Facilities in VA, TN, MO, PA, & IA [40,000] Army UFR—Pyrotechnics Energetic Capability (PEC) construction at Lake City Army Ammunition Plant (LCAAP), Missouri [12,000] Army UFR—Solvent Propellant Facility, Preliminary Design, Radford Army Ammunition Plant, Virginia [12,500] 035 CONVENTIONAL MUNITIONS DEMILITARIZATION 139,410 232,410 Program increase [93,000] 036 ARMS INITIATIVE 3,178 3,178 TOTAL PROCUREMENT OF AMMUNITION, ARMY 2,158,110 2,455,910 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 002 SEMITRAILERS, FLATBED: 12,539 18,931 Army UFR—M872 semitrailer [6,392] 003 SEMITRAILERS, TANKERS 17,985 17,985 004 HI MOB MULTI-PURP WHLD VEH (HMMWV) 60,706 60,706 005 GROUND MOBILITY VEHICLES (GMV) 29,807 37,307 Program increase—infantry squad vehicle [7,500] 008 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL 574,562 605,562 Army UFR—Additional JLTV fielding [120,000] Early to need [–89,000] 009 TRUCK, DUMP, 20T (CCE) 9,882 19,632 Program increase [9,750] 010 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 36,885 61,885 Program increase [25,000] 011 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE 16,450 16,450 012 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 26,256 26,256 013 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 64,282 64,282 014 PLS ESP 16,943 16,943 015 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV 109,000 Program increase [109,000] 017 TACTICAL WHEELED VEHICLE PROTECTION KITS 17,957 17,957 018 MODIFICATION OF IN SVC EQUIP 29,349 212,650 HMMWV modifications [183,301] NON-TACTICAL VEHICLES 020 PASSENGER CARRYING VEHICLES 1,232 1,232 021 NONTACTICAL VEHICLES, OTHER 24,246 19,246 Excess carryover [–5,000] COMM—JOINT COMMUNICATIONS 022 SIGNAL MODERNIZATION PROGRAM 140,036 142,536 Army UFR—Multi-Domain Task Force All-Domain Operations Center cloud pilot [2,500] 023 TACTICAL NETWORK TECHNOLOGY MOD IN SVC 436,524 429,024 Excess to need [–7,500] 025 DISASTER INCIDENT RESPONSE COMMS TERMINAL 3,863 3,863 026 JCSE EQUIPMENT (USRDECOM) 4,845 4,845 COMM—SATELLITE COMMUNICATIONS 029 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 97,369 97,369 030 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 120,550 120,550 031 SHF TERM 38,129 38,129 032 ASSURED POSITIONING, NAVIGATION AND TIMING 115,291 112,791 Excess to need [–2,500] 033 SMART-T (SPACE) 15,407 15,407 034 GLOBAL BRDCST SVC—GBS 2,763 2,763 COMM—C3 SYSTEM 037 COE TACTICAL SERVER INFRASTRUCTURE (TSI) 99,858 99,858 COMM—COMBAT COMMUNICATIONS 038 HANDHELD MANPACK SMALL FORM FIT (HMS) 775,069 730,069 Cost deviation [–5,000] Single channel data radio program decrease [–35,000] Support cost excess to need [–5,000] 040 ARMY LINK 16 SYSTEMS 17,749 17,749 042 UNIFIED COMMAND SUITE 17,984 17,984 043 COTS COMMUNICATIONS EQUIPMENT 191,702 185,702 Unit cost growth [–6,000] 044 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 15,957 15,957 045 ARMY COMMUNICATIONS & ELECTRONICS 89,441 79,441 Insufficient justification [–10,000] COMM—INTELLIGENCE COMM 047 CI AUTOMATION ARCHITECTURE-INTEL 13,317 13,317 048 DEFENSE MILITARY DECEPTION INITIATIVE 5,207 5,207 049 MULTI-DOMAIN INTELLIGENCE 20,095 20,095 INFORMATION SECURITY 051 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 987 987 052 COMMUNICATIONS SECURITY (COMSEC) 126,273 126,273 053 DEFENSIVE CYBER OPERATIONS 27,389 31,489 Army UFR—Cybersecurity / IT Network Mapping [4,100] 056 SIO CAPABILITY 21,303 21,303 057 BIOMETRIC ENABLING CAPABILITY (BEC) 914 914 COMM—LONG HAUL COMMUNICATIONS 059 BASE SUPPORT COMMUNICATIONS 9,209 24,209 Land mobile radios [15,000] COMM—BASE COMMUNICATIONS 060 INFORMATION SYSTEMS 219,026 219,026 061 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,875 4,875 064 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 223,001 225,041 EUCOM UFR—Mission Partner Environment [2,040] ELECT EQUIP—TACT INT REL ACT (TIARA) 067 JTT/CIBS-M 5,463 5,463 068 TERRESTRIAL LAYER SYSTEMS (TLS) 39,240 39,240 070 DCGS-A-INTEL 92,613 119,563 Army UFR—Additional fixed node cloud servers [26,950] 071 JOINT TACTICAL GROUND STATION (JTAGS)-INTEL 8,088 8,088 072 TROJAN 30,828 30,828 073 MOD OF IN-SVC EQUIP (INTEL SPT) 39,039 39,039 074 BIOMETRIC TACTICAL COLLECTION DEVICES 11,097 11,097 ELECT EQUIP—ELECTRONIC WARFARE (EW) 076 EW PLANNING & MANAGEMENT TOOLS (EWPMT) 783 783 077 AIR VIGILANCE (AV) 13,486 13,486 079 FAMILY OF PERSISTENT SURVEILLANCE CAP. 14,414 14,414 080 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 19,111 19,111 081 CI MODERNIZATION 421 421 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 082 SENTINEL MODS 47,642 47,642 083 NIGHT VISION DEVICES 1,092,341 828,875 IVAS ahead of need [–213,466] Transfer to RDTE, Army line 98 [–50,000] 084 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 21,103 21,103 085 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 6,153 6,153 086 FAMILY OF WEAPON SIGHTS (FWS) 184,145 184,145 087 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE 2,371 2,371 088 FORWARD LOOKING INFRARED (IFLIR) 11,929 11,929 089 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) 60,058 60,058 090 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 263,661 259,661 Unit cost growth [–4,000] 091 JOINT EFFECTS TARGETING SYSTEM (JETS) 62,082 62,082 093 COMPUTER BALLISTICS: LHMBC XM32 2,811 2,811 094 MORTAR FIRE CONTROL SYSTEM 17,236 17,236 095 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS 2,830 2,830 096 COUNTERFIRE RADARS 31,694 26,694 Excess to need [–5,000] ELECT EQUIP—TACTICAL C2 SYSTEMS 097 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE 49,410 49,410 098 FIRE SUPPORT C2 FAMILY 9,853 9,853 099 AIR & MSL DEFENSE PLANNING & CONTROL SYS 67,193 67,193 100 IAMD BATTLE COMMAND SYSTEM 301,872 291,872 Excess costs previously funded [–10,000] 101 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 5,182 5,182 102 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 31,349 31,349 104 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 11,271 11,271 105 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 16,077 16,077 107 MOD OF IN-SVC EQUIPMENT (ENFIRE) 3,160 9,160 Program increase—land surveying systems [6,000] ELECT EQUIP—AUTOMATION 108 ARMY TRAINING MODERNIZATION 9,833 9,833 109 AUTOMATED DATA PROCESSING EQUIP 130,924 133,924 Army UFR—ATRRS unlimited data rights [3,000] 110 ACCESSIONS INFORMATION ENVIRONMENT (AIE) 44,635 39,635 Program decrease [–5,000] 111 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM 1,452 1,452 112 HIGH PERF COMPUTING MOD PGM (HPCMP) 69,943 69,943 113 CONTRACT WRITING SYSTEM 16,957 16,957 114 CSS COMMUNICATIONS 73,110 73,110 115 RESERVE COMPONENT AUTOMATION SYS (RCAS) 12,905 12,905 ELECT EQUIP—SUPPORT 117 BCT EMERGING TECHNOLOGIES 13,835 13,835 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 18,304 18,304 CHEMICAL DEFENSIVE EQUIPMENT 119 BASE DEFENSE SYSTEMS (BDS) 62,295 62,295 120 CBRN DEFENSE 55,632 55,632 BRIDGING EQUIPMENT 122 TACTICAL BRIDGING 9,625 9,625 123 TACTICAL BRIDGE, FLOAT-RIBBON 76,082 76,082 124 BRIDGE SUPPLEMENTAL SET 19,867 19,867 125 COMMON BRIDGE TRANSPORTER (CBT) RECAP 109,796 109,796 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 126 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 5,628 5,628 128 HUSKY MOUNTED DETECTION SYSTEM (HMDS) 26,823 75,123 Army UFR—Additional HMDS [48,300] 131 ROBOTICS AND APPLIQUE SYSTEMS 124,233 134,233 Army UFR—Common Robotic System-Individual (CRS-I) [10,000] 132 RENDER SAFE SETS KITS OUTFITS 84,000 87,158 Army UFR—Additional render safe equipment [3,158] COMBAT SERVICE SUPPORT EQUIPMENT 134 HEATERS AND ECU'S 7,116 5,116 Contract delay [–2,000] 135 SOLDIER ENHANCEMENT 1,286 7,786 Program increase [6,500] 136 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 9,741 9,741 137 GROUND SOLDIER SYSTEM 150,244 150,244 138 MOBILE SOLDIER POWER 17,815 17,815 139 FORCE PROVIDER 28,860 28,860 140 FIELD FEEDING EQUIPMENT 2,321 2,321 141 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 40,240 40,240 142 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS 36,163 36,163 PETROLEUM EQUIPMENT 144 QUALITY SURVEILLANCE EQUIPMENT 744 744 145 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 72,296 76,716 Army UFR—Modular Fuel System (MFS) [4,420] MEDICAL EQUIPMENT 146 COMBAT SUPPORT MEDICAL 122,145 122,145 MAINTENANCE EQUIPMENT 147 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 14,756 12,856 Excess carryover [–1,900] CONSTRUCTION EQUIPMENT 154 ALL TERRAIN CRANES 112,784 107,784 Cost savings [–5,000] 156 CONST EQUIP ESP 8,694 8,694 RAIL FLOAT CONTAINERIZATION EQUIPMENT 158 ARMY WATERCRAFT ESP 44,409 58,009 Army UFR—Landing Craft Utility modernization [13,600] 159 MANEUVER SUPPORT VESSEL (MSV) 76,660 76,660 GENERATORS 161 GENERATORS AND ASSOCIATED EQUIP 47,606 47,606 162 TACTICAL ELECTRIC POWER RECAPITALIZATION 10,500 10,500 MATERIAL HANDLING EQUIPMENT 163 FAMILY OF FORKLIFTS 13,325 13,325 TRAINING EQUIPMENT 164 COMBAT TRAINING CENTERS SUPPORT 79,565 79,565 165 TRAINING DEVICES, NONSYSTEM 174,644 174,644 166 SYNTHETIC TRAINING ENVIRONMENT (STE) 122,104 92,266 RVCT ahead of need [–29,838] 168 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 11,642 10,642 Excess carryover [–1,000] TEST MEASURE AND DIG EQUIPMENT (TMD) 170 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 42,934 42,934 172 TEST EQUIPMENT MODERNIZATION (TEMOD) 24,304 24,304 OTHER SUPPORT EQUIPMENT 174 PHYSICAL SECURITY SYSTEMS (OPA3) 86,930 86,930 175 BASE LEVEL COMMON EQUIPMENT 27,823 27,823 176 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 32,392 32,392 177 BUILDING, PRE-FAB, RELOCATABLE 32,227 32,227 179 SPECIAL EQUIPMENT FOR TEST AND EVALUATION 76,917 76,917 OPA2 180 INITIAL SPARES—C&E 9,272 9,272 TOTAL OTHER PROCUREMENT, ARMY 8,873,558 8,987,865 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 001 F/A–18E/F (FIGHTER) HORNET 87,832 977,161 Production line shutdown [–10,671] Program increase—12 additional aircraft [900,000] 003 JOINT STRIKE FIGHTER CV 2,111,009 2,060,757 Unit cost savings [–50,252] 004 JOINT STRIKE FIGHTER CV 246,781 246,781 005 JSF STOVL 2,256,829 2,317,929 F–35 B PGSE & depot support—USMC UPL [128,800] Target cost savings [–67,700] 006 JSF STOVL 216,720 216,720 007 CH–53K (HEAVY LIFT) 1,286,296 1,503,126 Excess to need—pub/tech data [–14,782] GFE electronics excess growth [–3,388] Program increase—two additional aircraft [250,000] Unjustified growth—NRE production capacity [–15,000] 008 CH–53K (HEAVY LIFT) 182,871 182,871 009 V–22 (MEDIUM LIFT) 751,716 1,500,516 Program increase—five additional MV–22 [414,400] Program increase—four additional CMV–22 [334,400] 011 H–1 UPGRADES (UH–1Y/AH–1Z) 939 939 013 P–8A POSEIDON 44,595 384,595 Additional aircraft [340,000] 014 E–2D ADV HAWKEYE 766,788 957,788 Navy UFR—Additional E–2D [191,000] 015 E–2D ADV HAWKEYE 118,095 118,095 TRAINER AIRCRAFT 016 ADVANCED HELICOPTER TRAINING SYSTEM 163,490 163,490 OTHER AIRCRAFT 017 KC–130J 520,787 947,187 Marine Corps UFR—KC–130J weapons system trainer [31,500] Marine Corps UFR—Replace KC–130J aircraft [197,900] Two additional C–130J aircraft—Navy UPL [197,000] 018 KC–130J 68,088 68,088 021 MQ–4 TRITON 160,151 483,151 Additional aircraft [323,000] 023 MQ–8 UAV 49,249 49,249 024 STUASL0 UAV 13,151 13,151 025 MQ–25 47,468 47,468 027 MARINE GROUP 5 UAS 233,686 273,686 Marine Corps UFR—Additional aircraft [40,000] MODIFICATION OF AIRCRAFT 030 F–18 A-D UNIQUE 163,095 244,595 F/A–18 aircraft structural life management (OSIP 11–99) inner wing installation excess cost growth [–1,000] Marine Corps UFR—F–18 ALR–67(V)5 radar warning receiver [55,000] Marine Corps UFR—F–18C/D AESA radar upgrade [27,500] 031 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM 482,899 482,899 032 MARINE GROUP 5 UAS SERIES 1,982 1,982 033 AEA SYSTEMS 23,296 20,221 Excess support costs [–3,075] 034 AV–8 SERIES 17,882 17,882 035 INFRARED SEARCH AND TRACK (IRST) 138,827 120,377 Limit production growth [–18,450] 036 ADVERSARY 143,571 143,571 037 F–18 SERIES 327,571 327,571 038 H–53 SERIES 112,436 109,136 Excess to need [–3,300] 039 MH–60 SERIES 94,794 94,794 040 H–1 SERIES 124,194 118,857 Excess to need [–5,337] 041 EP–3 SERIES 28,848 28,848 042 E–2 SERIES 204,826 199,991 Electronic support measures (OSIP 007–21) excess installation costs [–1,800] Electronic support measures (OSIP 007–21) previously funded [–1,785] NAVWAR A-kit installation (OSIP 011–19) previously funded [–1,250] 043 TRAINER A/C SERIES 7,849 7,849 044 C–2A 2,843 2,843 045 C–130 SERIES 145,610 143,106 A and B kits (OSIP 019–14) unit cost growth [–2,504] 046 FEWSG 734 734 047 CARGO/TRANSPORT A/C SERIES 10,682 10,682 048 E–6 SERIES 128,029 128,029 049 EXECUTIVE HELICOPTERS SERIES 45,326 45,326 051 T–45 SERIES 158,772 158,772 052 POWER PLANT CHANGES 24,915 24,915 053 JPATS SERIES 22,955 22,955 054 AVIATION LIFE SUPPORT MODS 2,477 2,477 055 COMMON ECM EQUIPMENT 119,574 119,574 056 COMMON AVIONICS CHANGES 118,839 118,839 057 COMMON DEFENSIVE WEAPON SYSTEM 5,476 5,476 058 ID SYSTEMS 13,154 13,154 059 P–8 SERIES 131,298 115,998 Program delays [–15,300] 060 MAGTF EW FOR AVIATION 29,151 29,151 061 MQ–8 SERIES 31,624 31,624 062 V–22 (TILT/ROTOR ACFT) OSPREY 312,835 312,835 063 NEXT GENERATION JAMMER (NGJ) 266,676 266,676 064 F–35 STOVL SERIES 177,054 168,154 Block 4 B kits early to need [–8,900] 065 F–35 CV SERIES 138,269 131,369 TR–3/B4 delay [–6,900] 066 QRC 98,563 98,563 067 MQ–4 SERIES 7,100 7,100 068 RQ–21 SERIES 14,123 14,123 AIRCRAFT SPARES AND REPAIR PARTS 072 SPARES AND REPAIR PARTS 2,339,077 2,466,977 Marine Corps UFR—F–35B engine spares [117,800] Marine Corps UFR—KC–130J initial spares [7,000] Marine Corps UFR—KC–130J weapons system trainer initial spares [3,100] AIRCRAFT SUPPORT EQUIP & FACILITIES 073 COMMON GROUND EQUIPMENT 517,267 517,267 074 AIRCRAFT INDUSTRIAL FACILITIES 80,500 80,500 075 WAR CONSUMABLES 42,496 42,496 076 OTHER PRODUCTION CHARGES 21,374 21,374 077 SPECIAL SUPPORT EQUIPMENT 271,774 271,774 TOTAL AIRCRAFT PROCUREMENT, NAVY 16,477,178 19,804,184 WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 001 TRIDENT II MODS 1,144,446 1,144,446 SUPPORT EQUIPMENT & FACILITIES 002 MISSILE INDUSTRIAL FACILITIES 7,319 7,319 STRATEGIC MISSILES 003 TOMAHAWK 124,513 138,140 MK14 canisters previously funded [–3,743] Program increase—ten additional tomahawks [17,370] TACTICAL MISSILES 005 SIDEWINDER 86,366 82,788 Unit cost adjustment—AUR Block II [–2,624] Unit cost adjustment—CATM Block II [–954] 006 STANDARD MISSILE 521,814 521,814 007 STANDARD MISSILE 45,357 45,357 008 JASSM 37,039 37,039 009 SMALL DIAMETER BOMB II 40,877 40,877 010 RAM 92,981 73,015 Contract award delay [–19,966] 011 JOINT AIR GROUND MISSILE (JAGM) 49,702 49,702 012 HELLFIRE 7,557 7,557 013 AERIAL TARGETS 150,339 150,339 014 DRONES AND DECOYS 30,321 30,321 015 OTHER MISSILE SUPPORT 3,474 3,474 016 LRASM 161,212 161,212 017 NAVAL STRIKE MISSILE (NSM) 59,331 52,377 Program decrease [–6,954] MODIFICATION OF MISSILES 018 TOMAHAWK MODS 206,233 206,233 019 ESSM 248,619 161,519 ESSM block 2 contract award delays [–87,100] 021 AARGM 116,345 116,345 022 STANDARD MISSILES MODS 148,834 148,834 SUPPORT EQUIPMENT & FACILITIES 023 WEAPONS INDUSTRIAL FACILITIES 1,819 1,819 ORDNANCE SUPPORT EQUIPMENT 026 ORDNANCE SUPPORT EQUIPMENT 191,905 191,905 TORPEDOES AND RELATED EQUIP 027 SSTD 4,545 4,545 028 MK–48 TORPEDO 159,107 172,477 Contract award delay [–34,000] Navy UFR—Heavyweight Torpedo (HWT) quantity increase [50,000] Program decrease [–2,630] 029 ASW TARGETS 13,630 13,630 MOD OF TORPEDOES AND RELATED EQUIP 030 MK–54 TORPEDO MODS 106,112 106,112 031 MK–48 TORPEDO ADCAP MODS 35,680 35,680 032 MARITIME MINES 8,567 8,567 SUPPORT EQUIPMENT 033 TORPEDO SUPPORT EQUIPMENT 93,400 93,400 034 ASW RANGE SUPPORT 3,997 3,997 DESTINATION TRANSPORTATION 035 FIRST DESTINATION TRANSPORTATION 4,023 4,023 GUNS AND GUN MOUNTS 036 SMALL ARMS AND WEAPONS 14,909 14,909 MODIFICATION OF GUNS AND GUN MOUNTS 037 CIWS MODS 6,274 6,274 038 COAST GUARD WEAPONS 45,958 45,958 039 GUN MOUNT MODS 68,775 68,775 040 LCS MODULE WEAPONS 2,121 2,121 041 AIRBORNE MINE NEUTRALIZATION SYSTEMS 14,822 14,822 SPARES AND REPAIR PARTS 043 SPARES AND REPAIR PARTS 162,382 166,682 Navy UFR—Maritime outfitting and interim spares [4,300] TOTAL WEAPONS PROCUREMENT, NAVY 4,220,705 4,134,404 PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 001 GENERAL PURPOSE BOMBS 48,635 43,424 Excess to need—BLU–137 [–5,211] 002 JDAM 74,140 48,526 Contract award delay [–25,614] 003 AIRBORNE ROCKETS, ALL TYPES 75,383 75,383 004 MACHINE GUN AMMUNITION 11,215 11,215 005 PRACTICE BOMBS 52,225 52,225 006 CARTRIDGES & CART ACTUATED DEVICES 70,876 70,492 MK122 parachute deploy rocket unit cost overestimation [–384] 007 AIR EXPENDABLE COUNTERMEASURES 61,600 57,069 IR decoys previously funded [–4,531] 008 JATOS 6,620 6,620 009 5 INCH/54 GUN AMMUNITION 28,922 27,923 Unit cost growth—5"/54 prop charge, full DA65 [–999] 010 INTERMEDIATE CALIBER GUN AMMUNITION 36,038 31,537 ALaMO contract award delay [–4,501] 011 OTHER SHIP GUN AMMUNITION 39,070 39,070 012 SMALL ARMS & LANDING PARTY AMMO 45,493 44,195 NSW SMCA previously funded [–1,298] 013 PYROTECHNIC AND DEMOLITION 9,163 9,163 015 AMMUNITION LESS THAN $5 MILLION 1,575 1,575 MARINE CORPS AMMUNITION 016 MORTARS 50,707 50,707 017 DIRECT SUPPORT MUNITIONS 120,037 118,157 Excess to need—20mm Carl Gustaf trainer system [–1,880] 018 INFANTRY WEAPONS AMMUNITION 94,001 63,259 Excess to need—BA54 & BA55 termination [–30,742] 019 COMBAT SUPPORT MUNITIONS 35,247 35,247 020 AMMO MODERNIZATION 16,267 16,267 021 ARTILLERY MUNITIONS 105,669 95,169 Contract delay [–10,500] 022 ITEMS LESS THAN $5 MILLION 5,135 5,135 TOTAL PROCUREMENT OF AMMO, NAVY & MC 988,018 902,358 SHIPBUILDING AND CONVERSION, NAVY FLEET BALLISTIC MISSILE SHIPS 001 OHIO REPLACEMENT SUBMARINE 3,003,000 3,003,000 002 OHIO REPLACEMENT SUBMARINE AP 1,643,980 1,773,980 Program increase—submarine supplier development [130,000] OTHER WARSHIPS 003 CARRIER REPLACEMENT PROGRAM 1,068,705 1,062,205 Program decrease [–6,500] 004 CVN–81 1,299,764 1,287,719 Program decrease [–12,045] 005 VIRGINIA CLASS SUBMARINE 4,249,240 4,449,240 Industrial base expansion [200,000] 006 VIRGINIA CLASS SUBMARINE AP 2,120,407 2,105,407 Program adjustment [–15,000] 007 CVN REFUELING OVERHAULS 2,456,018 2,436,018 Excess growth [–20,000] 008 CVN REFUELING OVERHAULS 66,262 66,262 009 DDG 1000 56,597 56,597 010 DDG–51 2,016,787 4,929,073 Change order excessive cost growth [–11,651] Electronics excessive cost growth [–35,500] Plans cost excessive cost growth [–47,000] Program decrease [–20,463] Termination liability not required [–33,000] Two additional ships [3,059,900] 011 DDG–51 AP 120,000 Program increase—Advance procurement for DDG–51 [120,000] 013 FFG-FRIGATE 1,087,900 1,087,900 014 FFG-FRIGATE 69,100 69,100 AMPHIBIOUS SHIPS 015 LPD FLIGHT II 60,636 60,636 016 LPD FLIGHT II AP 250,000 Program increase [250,000] 019 LHA REPLACEMENT 68,637 168,637 Program increase [100,000] 020 EXPEDITIONARY FAST TRANSPORT (EPF) 540,000 Two additional ships [540,000] AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 021 TAO FLEET OILER 668,184 1,336,384 One additional ship [668,200] 022 TAO FLEET OILER AP 76,012 0 Unjustified request [–76,012] 023 TAGOS SURTASS SHIPS 434,384 434,384 024 TOWING, SALVAGE, AND RESCUE SHIP (ATS) 183,800 183,800 025 LCU 1700 67,928 67,928 026 OUTFITTING 655,707 622,926 Outfitting early to need [–32,781] 027 SHIP TO SHORE CONNECTOR 156,738 286,738 Ship to shore connector [130,000] 028 SERVICE CRAFT 67,866 67,866 029 LCAC SLEP 32,712 32,712 030 AUXILIARY VESSELS (USED SEALIFT) 299,900 120,000 Program reduction [–179,900] 031 COMPLETION OF PY SHIPBUILDING PROGRAMS 660,795 660,795 TOTAL SHIPBUILDING AND CONVERSION, NAVY 22,571,059 27,279,307 OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 001 SURFACE POWER EQUIPMENT 41,414 41,414 GENERATORS 002 SURFACE COMBATANT HM&E 83,746 83,746 NAVIGATION EQUIPMENT 003 OTHER NAVIGATION EQUIPMENT 72,300 72,300 OTHER SHIPBOARD EQUIPMENT 004 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG 234,932 234,932 005 DDG MOD 583,136 583,136 006 FIREFIGHTING EQUIPMENT 15,040 15,040 007 COMMAND AND CONTROL SWITCHBOARD 2,194 2,194 008 LHA/LHD MIDLIFE 133,627 120,854 Program decrease [–12,773] 009 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM 4,387 4,387 010 POLLUTION CONTROL EQUIPMENT 18,159 18,159 011 SUBMARINE SUPPORT EQUIPMENT 88,284 98,284 Spare Seawolf-class bow dome [10,000] 012 VIRGINIA CLASS SUPPORT EQUIPMENT 22,669 22,669 013 LCS CLASS SUPPORT EQUIPMENT 9,640 9,640 014 SUBMARINE BATTERIES 21,834 21,834 015 LPD CLASS SUPPORT EQUIPMENT 34,292 29,478 Program decrease [–4,814] 016 DDG 1000 CLASS SUPPORT EQUIPMENT 126,107 111,761 Program decrease [–14,346] 017 STRATEGIC PLATFORM SUPPORT EQUIP 12,256 12,256 018 DSSP EQUIPMENT 10,682 10,682 019 CG MODERNIZATION 156,951 156,951 020 LCAC 21,314 21,314 021 UNDERWATER EOD EQUIPMENT 24,146 24,146 022 ITEMS LESS THAN $5 MILLION 84,789 84,789 023 CHEMICAL WARFARE DETECTORS 2,997 2,997 REACTOR PLANT EQUIPMENT 025 SHIP MAINTENANCE, REPAIR AND MODERNIZATION 1,307,651 1,475,051 Navy UFR—A–120 availability [167,400] 026 REACTOR POWER UNITS 3,270 3,270 027 REACTOR COMPONENTS 438,729 438,729 OCEAN ENGINEERING 028 DIVING AND SALVAGE EQUIPMENT 10,772 10,772 SMALL BOATS 029 STANDARD BOATS 58,770 58,770 PRODUCTION FACILITIES EQUIPMENT 030 OPERATING FORCES IPE 168,822 150,822 Program decrease [–18,000] OTHER SHIP SUPPORT 031 LCS COMMON MISSION MODULES EQUIPMENT 74,231 74,231 032 LCS MCM MISSION MODULES 40,630 30,119 Program decrease [–10,511] 033 LCS ASW MISSION MODULES 1,565 1,565 034 LCS SUW MISSION MODULES 3,395 3,395 035 LCS IN-SERVICE MODERNIZATION 122,591 122,591 036 SMALL & MEDIUM UUV 32,534 32,534 SHIP SONARS 038 SPQ–9B RADAR 15,927 15,927 039 AN/SQQ–89 SURF ASW COMBAT SYSTEM 131,829 126,871 Program decrease [–4,958] 040 SSN ACOUSTIC EQUIPMENT 379,850 360,898 Virginia class technical insertion kits previously funded [–18,952] 041 UNDERSEA WARFARE SUPPORT EQUIPMENT 13,965 13,965 ASW ELECTRONIC EQUIPMENT 042 SUBMARINE ACOUSTIC WARFARE SYSTEM 24,578 24,578 043 SSTD 11,010 11,010 044 FIXED SURVEILLANCE SYSTEM 363,651 363,651 045 SURTASS 67,500 67,500 ELECTRONIC WARFARE EQUIPMENT 046 AN/SLQ–32 370,559 370,559 RECONNAISSANCE EQUIPMENT 047 SHIPBOARD IW EXPLOIT 261,735 261,735 048 AUTOMATED IDENTIFICATION SYSTEM (AIS) 3,777 3,777 OTHER SHIP ELECTRONIC EQUIPMENT 049 COOPERATIVE ENGAGEMENT CAPABILITY 24,641 46,924 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [8,983] Navy UFR—Maritime outfitting and interim spares [13,300] 050 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 14,439 14,439 051 ATDLS 101,595 101,595 052 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 3,535 3,535 053 MINESWEEPING SYSTEM REPLACEMENT 15,640 15,640 054 SHALLOW WATER MCM 5,610 5,610 055 NAVSTAR GPS RECEIVERS (SPACE) 33,097 33,097 056 AMERICAN FORCES RADIO AND TV SERVICE 2,513 2,513 057 STRATEGIC PLATFORM SUPPORT EQUIP 4,823 4,823 AVIATION ELECTRONIC EQUIPMENT 058 ASHORE ATC EQUIPMENT 83,464 83,464 059 AFLOAT ATC EQUIPMENT 67,055 67,055 060 ID SYSTEMS 46,918 46,918 061 JOINT PRECISION APPROACH AND LANDING SYSTEM ( 35,386 35,386 062 NAVAL MISSION PLANNING SYSTEMS 17,951 17,951 OTHER SHORE ELECTRONIC EQUIPMENT 063 MARITIME INTEGRATED BROADCAST SYSTEM 2,360 2,360 064 TACTICAL/MOBILE C4I SYSTEMS 18,919 18,919 065 DCGS-N 16,691 16,691 066 CANES 412,002 441,002 Navy UFR—Resilient Communications PNT for Combat Logistics Fleet (CLF) [29,000] 067 RADIAC 9,074 9,074 068 CANES-INTELL 51,593 51,593 069 GPETE 23,930 23,930 070 MASF 8,795 8,795 071 INTEG COMBAT SYSTEM TEST FACILITY 5,829 5,829 072 EMI CONTROL INSTRUMENTATION 3,925 3,925 073 ITEMS LESS THAN $5 MILLION 156,042 156,042 SHIPBOARD COMMUNICATIONS 074 SHIPBOARD TACTICAL COMMUNICATIONS 43,212 43,212 075 SHIP COMMUNICATIONS AUTOMATION 90,724 90,724 076 COMMUNICATIONS ITEMS UNDER $5M 44,447 44,447 SUBMARINE COMMUNICATIONS 077 SUBMARINE BROADCAST SUPPORT 47,579 47,579 078 SUBMARINE COMMUNICATION EQUIPMENT 64,642 64,642 SATELLITE COMMUNICATIONS 079 SATELLITE COMMUNICATIONS SYSTEMS 38,636 38,636 080 NAVY MULTIBAND TERMINAL (NMT) 34,723 34,723 SHORE COMMUNICATIONS 081 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 2,651 2,651 CRYPTOGRAPHIC EQUIPMENT 082 INFO SYSTEMS SECURITY PROGRAM (ISSP) 146,879 146,879 083 MIO INTEL EXPLOITATION TEAM 977 977 CRYPTOLOGIC EQUIPMENT 084 CRYPTOLOGIC COMMUNICATIONS EQUIP 17,809 17,809 OTHER ELECTRONIC SUPPORT 092 COAST GUARD EQUIPMENT 63,214 63,214 SONOBUOYS 094 SONOBUOYS—ALL TYPES 249,121 303,521 Navy UFR—Additional sonobuoys [54,400] AIRCRAFT SUPPORT EQUIPMENT 095 MINOTAUR 4,963 4,963 096 WEAPONS RANGE SUPPORT EQUIPMENT 98,898 98,898 097 AIRCRAFT SUPPORT EQUIPMENT 178,647 178,647 098 ADVANCED ARRESTING GEAR (AAG) 22,265 22,265 099 METEOROLOGICAL EQUIPMENT 13,687 13,687 100 LEGACY AIRBORNE MCM 4,446 4,446 101 LAMPS EQUIPMENT 1,470 1,470 102 AVIATION SUPPORT EQUIPMENT 70,665 70,665 103 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL 86,584 86,584 SHIP GUN SYSTEM EQUIPMENT 104 SHIP GUN SYSTEMS EQUIPMENT 5,536 5,536 SHIP MISSILE SYSTEMS EQUIPMENT 105 HARPOON SUPPORT EQUIPMENT 204 204 106 SHIP MISSILE SUPPORT EQUIPMENT 237,987 237,987 107 TOMAHAWK SUPPORT EQUIPMENT 88,726 88,726 FBM SUPPORT EQUIPMENT 108 STRATEGIC MISSILE SYSTEMS EQUIP 281,259 281,259 ASW SUPPORT EQUIPMENT 109 SSN COMBAT CONTROL SYSTEMS 143,289 143,289 110 ASW SUPPORT EQUIPMENT 30,595 30,595 OTHER ORDNANCE SUPPORT EQUIPMENT 111 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 1,721 1,721 112 ITEMS LESS THAN $5 MILLION 8,746 8,746 OTHER EXPENDABLE ORDNANCE 113 ANTI-SHIP MISSILE DECOY SYSTEM 76,994 76,994 114 SUBMARINE TRAINING DEVICE MODS 75,813 75,813 115 SURFACE TRAINING EQUIPMENT 127,814 127,814 CIVIL ENGINEERING SUPPORT EQUIPMENT 116 PASSENGER CARRYING VEHICLES 4,140 4,140 117 GENERAL PURPOSE TRUCKS 2,805 2,805 118 CONSTRUCTION & MAINTENANCE EQUIP 48,403 46,403 Excess carryover [–2,000] 119 FIRE FIGHTING EQUIPMENT 15,084 15,084 120 TACTICAL VEHICLES 27,400 27,400 121 POLLUTION CONTROL EQUIPMENT 2,607 2,607 122 ITEMS LESS THAN $5 MILLION 51,963 51,963 123 PHYSICAL SECURITY VEHICLES 1,165 1,165 SUPPLY SUPPORT EQUIPMENT 124 SUPPLY EQUIPMENT 24,698 24,698 125 FIRST DESTINATION TRANSPORTATION 5,385 5,385 126 SPECIAL PURPOSE SUPPLY SYSTEMS 660,750 660,750 TRAINING DEVICES 127 TRAINING SUPPORT EQUIPMENT 3,465 3,465 128 TRAINING AND EDUCATION EQUIPMENT 60,114 60,114 COMMAND SUPPORT EQUIPMENT 129 COMMAND SUPPORT EQUIPMENT 31,007 31,007 130 MEDICAL SUPPORT EQUIPMENT 7,346 14,346 Navy UFR—Expeditionary medical readiness [7,000] 132 NAVAL MIP SUPPORT EQUIPMENT 2,887 2,887 133 OPERATING FORCES SUPPORT EQUIPMENT 12,815 12,815 134 C4ISR EQUIPMENT 6,324 6,324 135 ENVIRONMENTAL SUPPORT EQUIPMENT 25,098 25,098 136 PHYSICAL SECURITY EQUIPMENT 110,647 107,471 Program decrease [–3,176] 137 ENTERPRISE INFORMATION TECHNOLOGY 31,709 31,709 OTHER 141 NEXT GENERATION ENTERPRISE SERVICE 41 41 142 CYBERSPACE ACTIVITIES 12,859 12,859 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 19,808 19,808 SPARES AND REPAIR PARTS 143 SPARES AND REPAIR PARTS 424,405 517,105 Navy UFR—Maritime outfitting and interim spares [92,700] TOTAL OTHER PROCUREMENT, NAVY 10,875,912 11,169,165 PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 001 AAV7A1 PIP 36,836 36,836 002 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES 532,355 532,355 003 LAV PIP 23,476 23,476 ARTILLERY AND OTHER WEAPONS 004 155MM LIGHTWEIGHT TOWED HOWITZER 32 32 005 ARTILLERY WEAPONS SYSTEM 67,548 221,347 Marine Corps UFR—Ground-launched anti-ship missiles [57,799] Marine Corps UFR—Ground-launched long range fires [96,000] 006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 35,402 35,402 GUIDED MISSILES 008 GROUND BASED AIR DEFENSE 9,349 9,349 009 ANTI-ARMOR MISSILE-JAVELIN 937 937 010 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) 20,481 20,481 011 ANTI-ARMOR MISSILE-TOW 14,359 12,359 Unit cost growth [–2,000] 012 GUIDED MLRS ROCKET (GMLRS) 98,299 98,299 COMMAND AND CONTROL SYSTEMS 013 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 18,247 18,247 REPAIR AND TEST EQUIPMENT 014 REPAIR AND TEST EQUIPMENT 33,554 33,554 OTHER SUPPORT (TEL) 015 MODIFICATION KITS 167 167 COMMAND AND CONTROL SYSTEM (NON-TEL) 016 ITEMS UNDER $5 MILLION (COMM & ELEC) 64,879 130,779 Marine Corps UFR—Fly-Away Broadcast System [9,000] Marine Corps UFR—INOD Block III long-range sight [16,900] Marine Corps UFR—Squad binocular night vision goggle [40,000] 017 AIR OPERATIONS C2 SYSTEMS 1,291 1,291 RADAR + EQUIPMENT (NON-TEL) 019 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 297,369 645,369 Marine Corps UFR—Additional G/ATOR units [304,000] Marine Corps UFR—Additional radar retrofit kits and FRP systems [44,000] INTELL/COMM EQUIPMENT (NON-TEL) 020 GCSS-MC 604 604 021 FIRE SUPPORT SYSTEM 39,810 39,810 022 INTELLIGENCE SUPPORT EQUIPMENT 67,309 72,860 Marine Corps UFR—SCINet equipment [5,551] 024 UNMANNED AIR SYSTEMS (INTEL) 24,299 24,299 025 DCGS-MC 28,633 28,633 026 UAS PAYLOADS 3,730 3,730 OTHER SUPPORT (NON-TEL) 029 NEXT GENERATION ENTERPRISE NETWORK (NGEN) 97,060 97,060 030 COMMON COMPUTER RESOURCES 83,606 79,606 Training and education headquarters support unjustified request [–2,000] Wargaming hardware early to need [–2,000] 031 COMMAND POST SYSTEMS 53,708 39,708 NOTM refresh early to need [–14,000] 032 RADIO SYSTEMS 468,678 444,678 TCM ground radios sparing previously funded [–10,000] Unjustified request [–14,000] 033 COMM SWITCHING & CONTROL SYSTEMS 49,600 43,600 Excess growth [–6,000] 034 COMM & ELEC INFRASTRUCTURE SUPPORT 110,835 116,635 Excess growth [–10,000] Marine Corps UFR—Base telecommunications equipment upgrades [15,800] 035 CYBERSPACE ACTIVITIES 25,377 46,577 Marine Corps UFR—Defensive Cyber Ops-Internal Defensive Measures suites [21,200] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 4,034 4,034 ADMINISTRATIVE VEHICLES 038 COMMERCIAL CARGO VEHICLES 17,848 17,848 TACTICAL VEHICLES 039 MOTOR TRANSPORT MODIFICATIONS 23,363 21,924 Excess growth [–1,439] 040 JOINT LIGHT TACTICAL VEHICLE 322,013 322,013 042 TRAILERS 9,876 9,876 ENGINEER AND OTHER EQUIPMENT 044 TACTICAL FUEL SYSTEMS 2,161 2,161 045 POWER EQUIPMENT ASSORTED 26,625 18,955 Intelligent power distribution previously funded [–7,670] 046 AMPHIBIOUS SUPPORT EQUIPMENT 17,119 15,909 Excess carryover [–1,210] 047 EOD SYSTEMS 94,472 107,672 Marine Corps UFR—BCWD/UnSAT/Explosive Hazard Defeat Systems [7,800] Marine Corps UFR—ENFIRE/Explosive Hazard Defeat Systems [5,400] MATERIALS HANDLING EQUIPMENT 048 PHYSICAL SECURITY EQUIPMENT 84,513 84,513 GENERAL PROPERTY 049 FIELD MEDICAL EQUIPMENT 8,105 8,105 050 TRAINING DEVICES 37,814 35,211 CACCTUS lap equipment previously funded [–2,603] 051 FAMILY OF CONSTRUCTION EQUIPMENT 34,658 50,458 Marine Corps UFR—All-terrain crane [10,800] Marine Corps UFR—Rough terrain container handler [5,000] 052 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) 15,439 15,439 OTHER SUPPORT 053 ITEMS LESS THAN $5 MILLION 4,402 15,002 Marine Corps UFR—Lightweight water purification system [10,600] SPARES AND REPAIR PARTS 054 SPARES AND REPAIR PARTS 32,819 32,819 TOTAL PROCUREMENT, MARINE CORPS 3,043,091 3,620,019 AIRCRAFT PROCUREMENT, AIR FORCE STRATEGIC OFFENSIVE 001 B–21 RAIDER 108,027 108,027 TACTICAL FORCES 002 F–35 4,167,604 4,392,604 Air Force UFR—F–35 power modules [175,000] USG depot acceleration [50,000] 003 F–35 352,632 352,632 005 F–15EX 1,186,903 1,762,903 Air Force UFR—Additional aircraft, spares, support equipment [576,000] 006 F–15EX 147,919 147,919 TACTICAL AIRLIFT 007 KC–46A MDAP 2,380,315 2,315,315 Excess growth [–65,000] OTHER AIRLIFT 008 C–130J 128,896 128,896 009 MC–130J 220,049 220,049 UPT TRAINERS 011 ADVANCED TRAINER REPLACEMENT T-X 10,397 0 Procurement funds ahead of need [–10,397] HELICOPTERS 012 MH–139A 75,000 Program increase [75,000] 013 COMBAT RESCUE HELICOPTER 792,221 792,221 MISSION SUPPORT AIRCRAFT 016 CIVIL AIR PATROL A/C 2,813 11,400 Program increase [8,587] OTHER AIRCRAFT 017 TARGET DRONES 116,169 116,169 019 E–11 BACN/HAG 124,435 124,435 021 MQ–9 3,288 78,567 Program increase—four aircraft [75,279] STRATEGIC AIRCRAFT 023 B–2A 29,944 29,944 024 B–1B 30,518 27,406 Radio crypto mod ahead of need [–3,112] 025 B–52 82,820 82,820 026 COMBAT RESCUE HELICOPTER 61,191 45,891 Early to need—contract delay [–15,300] 027 LARGE AIRCRAFT INFRARED COUNTERMEASURES 57,001 57,001 TACTICAL AIRCRAFT 028 A–10 83,621 83,621 029 E–11 BACN/HAG 68,955 68,955 030 F–15 234,340 232,457 F–15E MIDS-JTRS installs excess to need [–1,883] 031 F–16 613,166 733,166 F–16 AESAs [100,000] Program increase—HUD upgrade [20,000] 032 F–22A 424,722 384,722 Program decrease [–40,000] 033 F–35 MODIFICATIONS 304,135 1,388,935 F–35 upgrades to Block 4 [1,100,000] TR–3/B4 delay [–15,200] 034 F–15 EPAW 149,797 149,797 036 KC–46A MDAP 1,984 1,984 AIRLIFT AIRCRAFT 037 C–5 25,431 25,431 038 C–17A 59,570 59,570 040 C–32A 1,949 1,949 041 C–37A 5,984 5,984 TRAINER AIRCRAFT 042 GLIDER MODS 142 142 043 T–6 8,735 8,735 044 T–1 3,872 872 Excess to need [–3,000] 045 T–38 49,851 49,851 OTHER AIRCRAFT 046 U–2 MODS 126,809 126,809 047 KC–10A (ATCA) 1,902 1,902 049 VC–25A MOD 96 96 050 C–40 262 262 051 C–130 29,071 169,771 Program increase—eight blade propeller upgrade [75,700] Program increase—engine enhancement program [50,000] Program increase—modular airborne firefighting system [15,000] 052 C–130J MODS 110,784 110,784 053 C–135 61,376 61,376 054 COMPASS CALL 195,098 270,098 Air Force UFR—Additional spare engines [75,000] 056 RC–135 207,596 207,596 057 E–3 109,855 109,855 058 E–4 19,081 19,081 059 E–8 16,312 43,312 Program increase—CDL [27,000] 060 AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 30,327 26,627 Block 40/45 carryover [–3,700] 062 H–1 1,533 1,533 063 H–60 13,709 32,709 OLR mod early to need [–1,000] Restore degraded visual environment [20,000] 064 RQ–4 MODS 3,205 3,205 065 HC/MC–130 MODIFICATIONS 150,263 148,815 Communications modernization phase 1 NRE ahead of need [–1,448] 066 OTHER AIRCRAFT 54,828 54,828 067 MQ–9 MODS 144,287 144,287 068 MQ–9 UAS PAYLOADS 40,800 40,800 069 SENIOR LEADER C3, SYSTEM—AIRCRAFT 23,554 23,554 070 CV–22 MODS 158,162 240,562 SOCOM UFR—CV–22 reliability acceleration [82,400] AIRCRAFT SPARES AND REPAIR PARTS 071 INITIAL SPARES/REPAIR PARTS 915,710 915,710 COMMON SUPPORT EQUIPMENT 072 AIRCRAFT REPLACEMENT SUPPORT EQUIP 138,761 138,761 POST PRODUCTION SUPPORT 073 B–2A 1,651 1,651 074 B–2B 38,811 38,811 075 B–52 5,602 5,602 078 F–15 2,324 2,324 079 F–16 10,456 10,456 081 RQ–4 POST PRODUCTION CHARGES 24,592 24,592 INDUSTRIAL PREPAREDNESS 082 INDUSTRIAL RESPONSIVENESS 18,110 18,110 WAR CONSUMABLES 083 WAR CONSUMABLES 35,866 35,866 OTHER PRODUCTION CHARGES 084 OTHER PRODUCTION CHARGES 979,388 1,019,388 Classified modifications—program increase [40,000] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 18,092 18,092 TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 15,727,669 18,132,595 MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 001 MISSILE REPLACEMENT EQ-BALLISTIC 57,793 57,793 BALLISTIC MISSILES 002 GROUND BASED STRATEGIC DETERRENT 8,895 8,895 TACTICAL 003 REPLAC EQUIP & WAR CONSUMABLES 7,681 7,681 004 AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON 160,850 116,850 Procurement early to need [–44,000] 006 JOINT AIR-SURFACE STANDOFF MISSILE 710,550 660,550 Program decrease [–50,000] 008 SIDEWINDER (AIM–9X) 107,587 107,587 009 AMRAAM 214,002 214,002 010 PREDATOR HELLFIRE MISSILE 103,684 103,684 011 SMALL DIAMETER BOMB 82,819 82,819 012 SMALL DIAMETER BOMB II 294,649 294,649 INDUSTRIAL FACILITIES 013 INDUSTR'L PREPAREDNS/POL PREVENTION 757 757 CLASS IV 015 ICBM FUZE MOD 53,013 65,263 Realignment of funds [12,250] 016 ICBM FUZE MOD AP 47,757 35,507 Realignment of funds [–12,250] 017 MM III MODIFICATIONS 88,579 88,579 019 AIR LAUNCH CRUISE MISSILE (ALCM) 46,799 46,799 MISSILE SPARES AND REPAIR PARTS 020 MSL SPRS/REPAIR PARTS (INITIAL) 16,212 16,212 021 MSL SPRS/REPAIR PARTS (REPLEN) 63,547 63,547 022 INITIAL SPARES/REPAIR PARTS 4,045 4,045 SPECIAL PROGRAMS 027 SPECIAL UPDATE PROGRAMS 30,352 30,352 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 570,240 570,240 TOTAL MISSILE PROCUREMENT, AIR FORCE 2,669,811 2,575,811 PROCUREMENT, SPACE FORCE SPACE PROCUREMENT, SF 002 AF SATELLITE COMM SYSTEM 43,655 39,655 Unjustified cost growth [–4,000] 003 COUNTERSPACE SYSTEMS 64,804 64,804 004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 39,444 39,444 005 GENERAL INFORMATION TECH—SPACE 3,316 5,116 Space Force UFR—Modernize space aggressor equipment [1,800] 006 GPSIII FOLLOW ON 601,418 601,418 007 GPS III SPACE SEGMENT 84,452 84,452 008 GLOBAL POSTIONING (SPACE) 2,274 2,274 009 HERITAGE TRANSITION 13,529 13,529 010 SPACEBORNE EQUIP (COMSEC) 26,245 48,945 Space Force UFR—Space-rated crypto devices to support launch [22,700] 011 MILSATCOM 24,333 24,333 012 SBIR HIGH (SPACE) 154,526 154,526 013 SPECIAL SPACE ACTIVITIES 142,188 142,188 014 MOBILE USER OBJECTIVE SYSTEM 45,371 45,371 015 NATIONAL SECURITY SPACE LAUNCH 1,337,347 1,337,347 016 NUDET DETECTION SYSTEM 6,690 6,690 017 PTES HUB 7,406 7,406 018 ROCKET SYSTEMS LAUNCH PROGRAM 10,429 10,429 020 SPACE MODS 64,371 64,371 021 SPACELIFT RANGE SYSTEM SPACE 93,774 93,774 SPARES 022 SPARES AND REPAIR PARTS 1,282 1,282 TOTAL PROCUREMENT, SPACE FORCE 2,766,854 2,787,354 PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 001 ROCKETS 36,597 36,597 CARTRIDGES 002 CARTRIDGES 169,163 164,163 Excess to need [–5,000] BOMBS 003 PRACTICE BOMBS 48,745 48,745 004 GENERAL PURPOSE BOMBS 176,565 176,565 005 MASSIVE ORDNANCE PENETRATOR (MOP) 15,500 15,500 006 JOINT DIRECT ATTACK MUNITION 124,102 48,584 Program carryover [–75,518] 007 B–61 2,709 2,709 OTHER ITEMS 008 CAD/PAD 47,210 47,210 009 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,151 6,151 010 SPARES AND REPAIR PARTS 535 535 011 MODIFICATIONS 292 292 012 ITEMS LESS THAN $5,000,000 9,164 9,164 FLARES 013 FLARES 95,297 95,297 FUZES 014 FUZES 50,795 50,795 SMALL ARMS 015 SMALL ARMS 12,343 12,343 TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 795,168 714,650 OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 001 PASSENGER CARRYING VEHICLES 8,448 8,448 CARGO AND UTILITY VEHICLES 002 MEDIUM TACTICAL VEHICLE 5,804 5,804 003 CAP VEHICLES 1,066 1,800 Program increase—Civil Air Patrol [734] 004 CARGO AND UTILITY VEHICLES 57,459 57,459 SPECIAL PURPOSE VEHICLES 005 JOINT LIGHT TACTICAL VEHICLE 97,326 92,326 Excess carryover [–5,000] 006 SECURITY AND TACTICAL VEHICLES 488 488 007 SPECIAL PURPOSE VEHICLES 75,694 77,694 CNGB UFR—Temperature control trailers [2,000] FIRE FIGHTING EQUIPMENT 008 FIRE FIGHTING/CRASH RESCUE VEHICLES 12,525 12,525 MATERIALS HANDLING EQUIPMENT 009 MATERIALS HANDLING VEHICLES 34,933 34,933 BASE MAINTENANCE SUPPORT 010 RUNWAY SNOW REMOV AND CLEANING EQU 9,134 9,134 011 BASE MAINTENANCE SUPPORT VEHICLES 111,820 103,728 Program decrease [–8,092] COMM SECURITY EQUIPMENT(COMSEC) 013 COMSEC EQUIPMENT 66,022 66,022 014 STRATEGIC MICROELECTRONIC SUPPLY SYSTEM 885,051 885,051 INTELLIGENCE PROGRAMS 015 INTERNATIONAL INTEL TECH & ARCHITECTURES 5,809 5,809 016 INTELLIGENCE TRAINING EQUIPMENT 5,719 5,719 017 INTELLIGENCE COMM EQUIPMENT 25,844 25,844 ELECTRONICS PROGRAMS 018 AIR TRAFFIC CONTROL & LANDING SYS 44,516 44,516 019 BATTLE CONTROL SYSTEM—FIXED 2,940 2,940 020 THEATER AIR CONTROL SYS IMPROVEMEN 43,442 47,842 EUCOM UFR—Air base air defens ops center [4,400] 021 3D EXPEDITIONARY LONG-RANGE RADAR 96,186 248,186 Air Force UFR—Build command and control framework [152,000] 022 WEATHER OBSERVATION FORECAST 32,376 32,376 023 STRATEGIC COMMAND AND CONTROL 37,950 37,950 024 CHEYENNE MOUNTAIN COMPLEX 8,258 8,258 025 MISSION PLANNING SYSTEMS 14,717 14,717 SPCL COMM-ELECTRONICS PROJECTS 027 GENERAL INFORMATION TECHNOLOGY 43,917 88,247 EUCOM UFR—Mission Partner Environment [13,800] INDOPACOM UFR—Mission Partner Environment [30,530] 028 AF GLOBAL COMMAND & CONTROL SYS 414 414 030 MOBILITY COMMAND AND CONTROL 10,619 10,619 031 AIR FORCE PHYSICAL SECURITY SYSTEM 101,896 116,797 EUCOM UFR—Counter-UAS for UASFE installations [1,241] EUCOM UFR—Sensors for air base air defense [11,660] Space Force UFR—Maui Optical Site security system [2,000] 032 COMBAT TRAINING RANGES 222,598 222,598 033 COMBAT TRAINING RANGES 14,730 14,730 034 MINIMUM ESSENTIAL EMERGENCY COMM N 77,119 77,119 035 WIDE AREA SURVEILLANCE (WAS) 38,794 38,794 036 C3 COUNTERMEASURES 131,238 131,238 037 INTEGRATED PERSONNEL AND PAY SYSTEM 15,240 15,240 038 GCSS-AF FOS 3,959 3,959 040 MAINTENANCE REPAIR & OVERHAUL INITIATIVE 4,387 4,387 041 THEATER BATTLE MGT C2 SYSTEM 4,052 4,052 042 AIR & SPACE OPERATIONS CENTER (AOC) 2,224 2,224 AIR FORCE COMMUNICATIONS 043 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED 58,499 58,499 044 AFNET 65,354 65,354 045 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 4,377 4,377 046 USCENTCOM 18,101 18,101 047 USSTRATCOM 4,226 4,226 ORGANIZATION AND BASE 048 TACTICAL C-E EQUIPMENT 162,955 157,817 Program decrease [–5,138] 049 RADIO EQUIPMENT 14,232 15,732 Space Force UFR—radio equipment [1,500] 051 BASE COMM INFRASTRUCTURE 200,797 262,797 EUCOM UFR—Modernize IT infrastructure [55,000] Space Force UFR—Lifecycle SIPR/NIP replacement [7,000] MODIFICATIONS 052 COMM ELECT MODS 18,607 18,607 PERSONAL SAFETY & RESCUE EQUIP 053 PERSONAL SAFETY AND RESCUE EQUIPMENT 106,449 106,449 DEPOT PLANT+MTRLS HANDLING EQ 054 POWER CONDITIONING EQUIPMENT 11,274 11,274 055 MECHANIZED MATERIAL HANDLING EQUIP 8,594 8,594 BASE SUPPORT EQUIPMENT 056 BASE PROCURED EQUIPMENT 1 33,251 CNGB UFR—Modular small arms ranges [25,000] EUCOM UFR—Tactical decoy devices [8,250] 057 ENGINEERING AND EOD EQUIPMENT 32,139 32,139 058 MOBILITY EQUIPMENT 63,814 63,814 059 FUELS SUPPORT EQUIPMENT (FSE) 17,928 17,928 060 BASE MAINTENANCE AND SUPPORT EQUIPMENT 48,534 48,534 SPECIAL SUPPORT PROJECTS 062 DARP RC135 27,359 27,359 063 DCGS-AF 261,070 261,070 065 SPECIAL UPDATE PROGRAM 777,652 777,652 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 20,983,908 21,183,908 Program increase [200,000] SPARES AND REPAIR PARTS 066 SPARES AND REPAIR PARTS (CYBER) 978 978 067 SPARES AND REPAIR PARTS 9,575 9,575 TOTAL OTHER PROCUREMENT, AIR FORCE 25,251,137 25,748,022 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, OSD 081 AGILE PROCUREMENT TRANSITION PILOT 100,000 Program increase [100,000] MAJOR EQUIPMENT, SDA 024 MAJOR EQUIPMENT, DPAA 494 494 047 MAJOR EQUIPMENT, OSD 31,420 31,420 048 JOINT CAPABILITY TECH DEMONSTRATION (JCTD) 74,060 74,060 MAJOR EQUIPMENT, NSA 046 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) 315 315 MAJOR EQUIPMENT, DISA 010 INFORMATION SYSTEMS SECURITY 18,923 18,923 011 TELEPORT PROGRAM 34,908 34,908 012 JOINT FORCES HEADQUARTERS—DODIN 1,968 1,968 013 ITEMS LESS THAN $5 MILLION 42,270 42,270 014 DEFENSE INFORMATION SYSTEM NETWORK 18,025 18,025 015 WHITE HOUSE COMMUNICATION AGENCY 44,522 44,522 016 SENIOR LEADERSHIP ENTERPRISE 54,592 54,592 017 JOINT REGIONAL SECURITY STACKS (JRSS) 62,657 62,657 018 JOINT SERVICE PROVIDER 102,039 102,039 019 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) 80,645 80,645 MAJOR EQUIPMENT, DLA 021 MAJOR EQUIPMENT 530,896 510,896 Excess growth [–20,000] MAJOR EQUIPMENT, DCSA 002 MAJOR EQUIPMENT 3,014 3,014 MAJOR EQUIPMENT, TJS 049 MAJOR EQUIPMENT, TJS 7,830 7,830 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 029 THAAD 251,543 361,122 MDA UFR—Additional interceptors [109,579] 031 AEGIS BMD 334,621 334,621 032 AEGIS BMD 17,493 17,493 033 BMDS AN/TPY–2 RADARS 2,738 2,738 034 SM–3 IIAS 295,322 336,822 MDA UFR—Additional AURs [41,500] 035 ARROW 3 UPPER TIER SYSTEMS 62,000 62,000 036 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) 30,000 30,000 037 DEFENSE OF GUAM PROCUREMENT 40,000 80,000 INDOPACOM UFR—Guam Defense System [40,000] 038 AEGIS ASHORE PHASE III 25,866 25,866 039 IRON DOME 108,000 108,000 040 AEGIS BMD HARDWARE AND SOFTWARE 81,791 81,791 MAJOR EQUIPMENT, DHRA 004 PERSONNEL ADMINISTRATION 4,042 4,042 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 026 VEHICLES 118 118 027 OTHER MAJOR EQUIPMENT 12,681 12,681 MAJOR EQUIPMENT, DODEA 023 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 2,963 2,963 MAJOR EQUIPMENT, DMACT 022 MAJOR EQUIPMENT 8,498 8,498 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 635,338 635,338 AVIATION PROGRAMS 052 ARMED OVERWATCH/TARGETING 170,000 166,000 Unit cost growth [–4,000] 053 MANNED ISR 2,500 2,500 054 MC–12 2,250 2,250 055 MH–60 BLACKHAWK 29,900 29,900 056 ROTARY WING UPGRADES AND SUSTAINMENT 202,278 202,278 057 UNMANNED ISR 55,951 55,951 058 NON-STANDARD AVIATION 3,282 3,282 059 U–28 4,176 4,176 060 MH–47 CHINOOK 130,485 130,485 061 CV–22 MODIFICATION 41,762 47,572 SOCOM UFR—CV–22 reliability acceleration [5,810] 062 MQ–9 UNMANNED AERIAL VEHICLE 8,020 8,020 063 PRECISION STRIKE PACKAGE 165,224 165,224 064 AC/MC–130J 205,216 205,216 065 C–130 MODIFICATIONS 13,373 13,373 SHIPBUILDING 066 UNDERWATER SYSTEMS 17,227 23,327 SOCOM UFR—Combat diving advanced equipment acceleration [5,200] SOCOM UFR—Modernized forward look sonar [900] AMMUNITION PROGRAMS 067 ORDNANCE ITEMS <$5M 168,072 168,072 OTHER PROCUREMENT PROGRAMS 068 INTELLIGENCE SYSTEMS 131,889 131,889 069 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,991 5,991 070 OTHER ITEMS <$5M 62,722 62,722 071 COMBATANT CRAFT SYSTEMS 17,080 17,080 072 SPECIAL PROGRAMS 44,351 75,531 SOCOM UFR—Medium fixed wing mobility modifications [31,180] 073 TACTICAL VEHICLES 26,806 26,806 074 WARRIOR SYSTEMS <$5M 284,548 294,548 Radio integration system program upgrade [10,000] 075 COMBAT MISSION REQUIREMENTS 27,513 27,513 077 OPERATIONAL ENHANCEMENTS INTELLIGENCE 20,252 20,252 078 OPERATIONAL ENHANCEMENTS 328,569 389,872 SOCOM UFR—Armored ground mobility systems acceleration [33,303] SOCOM UFR—Fused panoramic night vision goggles acceleration [28,000] CBDP 079 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS 167,918 167,918 080 CB PROTECTION & HAZARD MITIGATION 189,265 183,884 TATPE excess growth [–5,381] TOTAL PROCUREMENT, DEFENSE-WIDE 5,548,212 5,924,303 NATIONAL GUARD AND RESERVE EQUIPMENT UNDISTRIBUTED 001 MISCELLANEOUS EQUIPMENT 950,000 Program increase [950,000] TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT 950,000 TOTAL PROCUREMENT 132,205,078 146,884,599 4201. Research, development, test, and evaluation SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Line Program Element Item FY 2022 Request Conference Authorized RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 001 0601102A DEFENSE RESEARCH SCIENCES 297,241 328,788 Program increase [22,047] Program increase—digital thread for advanced manufacturing [5,000] Program increase—lightweight high entropy metallic alloy discovery [3,000] Program increase—unmanned aerial systems hybrid propulsion [1,500] 002 0601103A UNIVERSITY RESEARCH INITIATIVES 66,981 96,981 Program increase—defense university research instrumentation program [30,000] 003 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 94,003 103,003 Program increase—biotechnology advancements [4,000] SMART and cognitive research for RF/radar [5,000] 004 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,067 5,067 005 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH 10,183 15,183 Program increase—extreme events in structurally evolving materials [5,000] SUBTOTAL BASIC RESEARCH 473,475 549,022 APPLIED RESEARCH 006 0602115A BIOMEDICAL TECHNOLOGY 11,925 11,925 007 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES 1,976 1,976 008 0602141A LETHALITY TECHNOLOGY 64,126 65,126 CPF—research and development of next generation explosives and propellants [1,000] 009 0602142A ARMY APPLIED RESEARCH 28,654 28,654 010 0602143A SOLDIER LETHALITY TECHNOLOGY 105,168 115,168 Program increase—Pathfinder air assault [10,000] 011 0602144A GROUND TECHNOLOGY 56,400 105,400 Additive manufacturing materials [8,000] CPF—Army Research Lab (ARL) Additive Manufacturing/Machine Learning (AM/ML) Initiative [5,000] Military footwear research [2,500] Modeling enabled multifunctional materials development (MEMMD) [6,000] Program increase—advanced manufacturing materials processes initiative [10,000] Program increase—advanced polymers for force protection [8,000] Program increase—ceramic materials for extreme environments [2,500] Program increase—earthen structures soil enhancement [3,000] Program increase—polar proving ground and training program [2,000] Program increase—verified inherent control [2,000] 012 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY 172,166 192,666 CPF—high-efficiency truck users forum (HTUF) [2,500] CPF—structural thermoplastics large-scale low-cost tooling solutions [4,500] Light detection and ranging (LiDAR) technology [2,500] Program increase—prototyping energy smart autonomous ground systems [8,000] Tactical behaviors for autonomous maneuver [3,000] 013 0602146A NETWORK C3I TECHNOLOGY 84,606 120,406 Alternative PNT [8,000] CPF—future nano- and micro-fabrication - Advanced Materials Engineering Research Institute [6,800] CPF—multiple drone, multiple sensor ISR capabilities [5,000] Distributed radio frequency sensor/effector technology for strategic defense [8,000] Intelligent electronic protection technologies [6,000] UAS sensor research [2,000] 014 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 64,285 67,285 Program increase—novel printed armaments components [3,000] 015 0602148A FUTURE VERTICLE LIFT TECHNOLOGY 91,411 91,411 016 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 19,316 72,566 Advancement of critical HEL technologies [10,000] Counter-UAS applied research [5,000] Cyber electromagnetic (CEMA) missile defender [15,000] High energy laser integration [10,000] Program increase—kill chain automation [8,000] Program increase—precision long range integrated strike [5,250] 017 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES 15,034 15,034 018 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH 25,967 25,967 019 0602182A C3I APPLIED RESEARCH 12,406 12,406 020 0602183A AIR PLATFORM APPLIED RESEARCH 6,597 16,597 High density eVTOL power source [10,000] 021 0602184A SOLDIER APPLIED RESEARCH 11,064 11,064 022 0602213A C3I APPLIED CYBER 12,123 12,123 023 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH 20,643 20,643 024 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 18,701 18,701 025 0602787A MEDICAL TECHNOLOGY 91,720 95,720 CPF—human performance optimization (HPO) center [2,000] CPF—suicide prevention with focus on rural, remote, isolated, and OCONUS locations [2,000] SUBTOTAL APPLIED RESEARCH 914,288 1,100,838 ADVANCED TECHNOLOGY DEVELOPMENT 026 0603002A MEDICAL ADVANCED TECHNOLOGY 43,804 43,804 027 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 14,273 14,273 028 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION 22,231 22,231 029 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES 909 909 030 0603041A ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY 17,743 17,743 031 0603042A C3I ADVANCED TECHNOLOGY 3,151 3,151 032 0603043A AIR PLATFORM ADVANCED TECHNOLOGY 754 754 033 0603044A SOLDIER ADVANCED TECHNOLOGY 890 890 034 0603115A MEDICAL DEVELOPMENT 26,521 26,521 035 0603116A LETHALITY ADVANCED TECHNOLOGY 8,066 8,066 036 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT 76,815 76,815 037 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY 107,966 115,966 Program increase [8,000] 038 0603119A GROUND ADVANCED TECHNOLOGY 23,403 68,403 Additive manufacturing capabilities for austere operating environments [14,000] CPF—military operations in a permafrost environment [3,000] Ground advanced technology—3D printed structures [2,000] Polar research and testing [4,000] Program increase—3D printing of infrastructure [5,000] Program increase—cold weather research [2,000] Program increase—entry control points at installations [5,000] Program increase—graphene applications for military engineering [2,000] Program increase—rapid entry and sustainment for the arctic [8,000] 039 0603134A COUNTER IMPROVISED-THREAT SIMULATION 24,747 24,747 040 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH 53,736 53,736 041 0603457A C3I CYBER ADVANCED DEVELOPMENT 31,426 31,426 042 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 189,123 229,123 Program increase [40,000] 043 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY 164,951 179,951 Cyber and connected vehicle integration research [3,500] Program increase—combat vehicle lithium 6T battery development [1,500] Robotics development [5,000] Vehicle cyber security research [5,000] 044 0603463A NETWORK C3I ADVANCED TECHNOLOGY 155,867 161,867 C3I assured position, navigation, and timing technology [4,000] Command post modernization [2,000] 045 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 93,909 113,909 Missile effects planning tool development [10,000] Project AG5 [10,000] 046 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY 179,677 187,677 Program increase—20mm chaingun development for FLARA [8,000] 047 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY 48,826 68,826 Program increase—armored combat vehicle HEL integration [10,000] Program increase—missile MENTOR [10,000] 048 0603920A HUMANITARIAN DEMINING 8,649 8,649 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,297,437 1,459,437 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 049 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION 11,702 25,702 Electro-magnetic denial and protect [6,000] PNT resiliency lab [8,000] 050 0603308A ARMY SPACE SYSTEMS INTEGRATION 18,755 20,755 Program increase—multi-function and multi-mission payload [2,000] 051 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING 5,000 Program increase—machine learning for integrated fires [5,000] 052 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 50,314 48,814 Test and evaluation excess [–1,500] 053 0603639A TANK AND MEDIUM CALIBER AMMUNITION 79,873 77,373 Testing excess [–2,500] 054 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV 170,590 166,590 Excess to need [–4,000] 055 0603747A SOLDIER SUPPORT AND SURVIVABILITY 2,897 2,897 056 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 113,365 113,365 057 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 18,000 21,804 Soldier maneuver sensors adv dev lethality smart system—Army UPL [3,804] 058 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 11,921 11,921 059 0603790A NATO RESEARCH AND DEVELOPMENT 3,777 3,777 060 0603801A AVIATION—ADV DEV 1,125,641 1,134,141 Excess to need [–24,500] Program increase—FLRAA [33,000] 061 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 7,055 7,055 062 0603807A MEDICAL SYSTEMS—ADV DEV 22,071 22,071 063 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 17,459 17,459 064 0604017A ROBOTICS DEVELOPMENT 87,198 75,048 Excess carryover [–7,150] Unjustified growth—other support costs [–5,000] 065 0604019A EXPANDED MISSION AREA MISSILE (EMAM) 50,674 43,674 IFPC-HEL late contract award [–7,000] 067 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY 19,638 19,638 068 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV 50,548 50,548 069 0604037A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV DEV 28,347 28,347 070 0604100A ANALYSIS OF ALTERNATIVES 10,091 10,091 071 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) 926 926 072 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) 69,697 75,697 Army UFR—Acceleration of FTUAS [6,000] 073 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR 327,690 307,567 Long term power and support costs ahead of need [–20,123] 074 0604115A TECHNOLOGY MATURATION INITIATIVES 270,124 180,324 Insufficient justification [–80,000] Program decrease [–9,800] 075 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 39,376 39,376 076 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING 189,483 189,483 077 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) 96,679 96,679 078 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING 194,195 196,795 Prior-year carryover [–2,000] Program increase—multi-sensor terrain data capture and processing [4,600] 079 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 13,379 13,379 080 0604182A HYPERSONICS 300,928 300,928 081 0604403A FUTURE INTERCEPTOR 7,895 7,895 082 0604531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT 19,148 19,148 083 0604541A UNIFIED NETWORK TRANSPORT 35,409 35,409 084 0604644A MOBILE MEDIUM RANGE MISSILE 286,457 286,457 085 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) 2,040 2,040 086 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 52,988 52,988 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 3,806,330 3,711,161 SYSTEM DEVELOPMENT & DEMONSTRATION 089 0604201A AIRCRAFT AVIONICS 6,654 6,654 090 0604270A ELECTRONIC WARFARE DEVELOPMENT 30,840 26,440 Early to need [–4,400] 091 0604601A INFANTRY SUPPORT WEAPONS 67,873 72,873 Program increase—turret gunner survivability and simulation environment [5,000] 092 0604604A MEDIUM TACTICAL VEHICLES 11,374 11,374 093 0604611A JAVELIN 7,094 7,094 094 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 31,602 30,077 Leader/follower test support ahead of need [–1,525] 095 0604633A AIR TRAFFIC CONTROL 4,405 4,405 096 0604642A LIGHT TACTICAL WHEELED VEHICLES 2,055 7,655 Army UFR—Electric light reconnaissance vehicle [5,600] 097 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV 137,256 135,506 Government support excess [–1,750] 098 0604710A NIGHT VISION SYSTEMS—ENG DEV 62,690 112,690 Transfer from Other Procurement, Army line 83 [50,000] 099 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 1,658 1,658 100 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 26,540 26,540 101 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 59,518 59,518 102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 22,331 22,331 103 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 8,807 8,807 104 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 7,453 7,453 107 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 21,534 21,534 108 0604802A WEAPONS AND MUNITIONS—ENG DEV 309,778 306,722 C-DAEM overestimation [–3,056] 109 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 59,261 52,261 Excess carryover [–7,000] 110 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 20,121 20,121 111 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 44,424 44,424 112 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 14,137 9,137 Insufficient justification [–5,000] 113 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 162,704 162,704 114 0604820A RADAR DEVELOPMENT 127,919 127,919 115 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 17,623 17,623 117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 6,454 6,454 118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 106,354 127,354 Army UFR—Active protection systems for Bradley and Stryker [21,000] 120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 120,168 GFIM unjustified growth [–2,000] 121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 76,936 58,736 Program decrease [–18,200] 122 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) 35,560 35,560 124 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 16,364 16,364 125 0605031A JOINT TACTICAL NETWORK (JTN) 28,954 28,954 128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 16,630 16,630 130 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE 7,618 7,618 131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 18,892 13,892 Cyber situational understanding reduction [–5,000] 132 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 28,849 28,849 133 0605047A CONTRACT WRITING SYSTEM 22,960 20,960 Program reduction [–2,000] 135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 65,603 65,603 136 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 233,512 233,512 137 0605053A GROUND ROBOTICS 18,241 18,241 138 0605054A EMERGING TECHNOLOGY INITIATIVES 254,945 254,945 139 0605143A BIOMETRICS ENABLING CAPABILITY (BEC) 4,326 4,326 140 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM 15,616 15,616 141 0605145A MEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT 962 962 142 0605148A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD 54,972 54,972 143 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 122,175 122,175 144 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) 2,275 2,275 145 0605224A MULTI-DOMAIN INTELLIGENCE 9,313 9,313 146 0605225A SIO CAPABILITY DEVELOPMENT 22,713 22,713 147 0605231A PRECISION STRIKE MISSILE (PRSM) 188,452 188,452 148 0605232A HYPERSONICS EMD 111,473 111,473 149 0605233A ACCESSIONS INFORMATION ENVIRONMENT (AIE) 18,790 18,790 150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,134 2,134 151 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 157,873 157,873 152 0605531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS DEV & DEMONSTRATION 33,386 33,386 153 0605625A MANNED GROUND VEHICLE 225,106 203,106 Excess carryover [–10,000] Unjustified growth—other support costs [–7,000] Unjustified growth—program management [–5,000] 154 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 14,454 14,454 155 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 2,564 2,564 156 0605830A AVIATION GROUND SUPPORT EQUIPMENT 1,201 1,201 157 0303032A TROJAN—RH12 3,362 3,362 161 0304270A ELECTRONIC WARFARE DEVELOPMENT 75,520 75,520 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,392,358 3,402,027 MANAGEMENT SUPPORT 162 0604256A THREAT SIMULATOR DEVELOPMENT 18,439 18,439 163 0604258A TARGET SYSTEMS DEVELOPMENT 17,404 17,404 164 0604759A MAJOR T&E INVESTMENT 68,139 68,139 165 0605103A RAND ARROYO CENTER 33,126 33,126 166 0605301A ARMY KWAJALEIN ATOLL 240,877 240,877 167 0605326A CONCEPTS EXPERIMENTATION PROGRAM 79,710 79,710 169 0605601A ARMY TEST RANGES AND FACILITIES 354,227 354,227 170 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 49,253 49,253 171 0605604A SURVIVABILITY/LETHALITY ANALYSIS 36,389 36,389 172 0605606A AIRCRAFT CERTIFICATION 2,489 2,489 173 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES 6,689 6,689 174 0605706A MATERIEL SYSTEMS ANALYSIS 21,558 21,558 175 0605709A EXPLOITATION OF FOREIGN ITEMS 13,631 13,631 176 0605712A SUPPORT OF OPERATIONAL TESTING 55,122 55,122 177 0605716A ARMY EVALUATION CENTER 65,854 65,854 178 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 2,633 2,633 179 0605801A PROGRAMWIDE ACTIVITIES 96,589 96,589 180 0605803A TECHNICAL INFORMATION ACTIVITIES 26,808 26,808 181 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 43,042 48,042 Program increase—polymer case ammunition [5,000] 182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,789 1,789 183 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA 52,108 52,108 185 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 80,952 80,952 186 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 5,363 5,363 187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES 39,041 39,041 188 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 5,466 5,466 SUBTOTAL MANAGEMENT SUPPORT 1,416,698 1,421,698 OPERATIONAL SYSTEMS DEVELOPMENT UNDISTRIBUTED 190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 12,314 12,314 191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT 8,868 8,868 192 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 22,828 30,828 Agile manufacturing for advanced armament systems [8,000] 194 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 4,773 4,773 195 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 52,372 70,372 CH–47 Chinook cargo on/off loading system [8,000] Program increase—T55–714C acceleration [10,000] 196 0607139A IMPROVED TURBINE ENGINE PROGRAM 275,024 315,024 Army improved turbine engine program [40,000] 197 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT 12,417 12,417 198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 4,594 4,594 199 0607145A APACHE FUTURE DEVELOPMENT 10,067 25,067 Program increase [15,000] 200 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM 56,681 56,681 201 0607150A INTEL CYBER DEVELOPMENT 3,611 12,471 Army UFR—Cyber-Info Dominance Center [8,860] 202 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 28,029 28,029 203 0607313A ELECTRONIC WARFARE DEVELOPMENT 5,673 5,673 204 0607665A FAMILY OF BIOMETRICS 1,178 1,178 205 0607865A PATRIOT PRODUCT IMPROVEMENT 125,932 125,932 206 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) 25,547 25,547 207 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 211,523 276,523 Program increase—Abrams modernization [65,000] 208 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS 213,281 208,136 Excess carryover [–5,145] 210 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 132 132 211 0203758A DIGITIZATION 3,936 3,936 212 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 127 127 213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 10,265 10,265 214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV 262 262 215 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM 182 182 216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) 63,937 63,937 217 0208053A JOINT TACTICAL GROUND SYSTEM 13,379 13,379 219 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 24,531 24,531 220 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 15,720 11,720 Carryover [–4,000] 221 0303141A GLOBAL COMBAT SUPPORT SYSTEM 52,739 61,739 Army UFR—ERP convergence/modernization [9,000] 222 0303142A SATCOM GROUND ENVIRONMENT (SPACE) 15,247 15,247 226 0305179A INTEGRATED BROADCAST SERVICE (IBS) 5,430 5,430 227 0305204A TACTICAL UNMANNED AERIAL VEHICLES 8,410 8,410 228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 24,460 24,460 233 0307665A BIOMETRICS ENABLED INTELLIGENCE 2,066 2,066 234 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 61,720 76,720 Digital night vision cameras [15,000] SUBTOTAL UNDISTRIBUTED 169,715 999 9999999999 CLASSIFIED PROGRAMS 2,993 2,993 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,380,248 1,549,963 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 237 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT 118,811 118,811 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 118,811 118,811 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 12,799,645 13,312,957 RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 001 0601103N UNIVERSITY RESEARCH INITIATIVES 117,448 167,448 Defense university research instrumentation program [20,000] University research programs [30,000] 002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH 23,399 Program increase [23,399] 003 0601153N DEFENSE RESEARCH SCIENCES 484,421 489,406 CPF—Digital twins for Navy maintenance [1,985] Program increase [3,000] SUBTOTAL BASIC RESEARCH 601,869 680,253 APPLIED RESEARCH 004 0602114N POWER PROJECTION APPLIED RESEARCH 23,013 31,013 Program increase—multi-mission UAV-borne electronic attack [8,000] 005 0602123N FORCE PROTECTION APPLIED RESEARCH 122,888 138,388 Relative positioning of autonomous platforms [3,000] Resilient Innovative Sustainable Economies via University Partnerships (RISE-UP) [2,000] Talent and technology for Navy power and energy systems [10,500] 006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 51,112 58,612 Program increase—unmanned logistics solutions [7,500] 007 0602235N COMMON PICTURE APPLIED RESEARCH 51,477 51,477 008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 70,547 78,547 Anti-corrosion nanotechnologies [3,000] High mobility ground robots to assist dismounted infantry in urban operations [5,000] 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 85,157 85,157 010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 70,086 70,086 011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 6,405 6,405 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH 57,484 98,984 Academic partnerships for undersea vehicle research and manufacturing [16,500] Continuous distributed sensing systems [4,000] CPF—connected AI for autonomous UUV systems [5,000] CPF—persistent maritime surveillance [5,000] Program increase—undersea warfare applied research ocean aero [11,000] 013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 173,356 193,356 Program increase—long endurance, autonomous mobile acoustic detection systems [20,000] 014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 32,160 32,160 015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH 152,976 152,976 016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES 79,254 79,254 SUBTOTAL APPLIED RESEARCH 975,915 1,076,415 ADVANCED TECHNOLOGY DEVELOPMENT 017 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 21,661 21,661 018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY 8,146 8,146 019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 224,155 274,055 Marine Corps UFR—Maritime Targeting Cell-Expeditionary [5,300] Marine Corps UFR—Unmanned adversary technology investment [10,000] Next generation logistics—autonomous littoral connector [9,600] Program increase—low-cost atrittable aircraft technology [25,000] 020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 13,429 13,429 021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 265,299 265,299 022 0603680N MANUFACTURING TECHNOLOGY PROGRAM 57,236 57,236 023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY 4,935 4,935 024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 47,167 47,167 025 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 1,981 1,981 026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT 133,779 153,779 Attritable group III ultra-long endurance unmanned aircraft for persistent ISR [10,000] Program increase—railgun [10,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 777,788 847,688 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 027 0603128N UNMANNED AERIAL SYSTEM 16,879 16,879 028 0603178N MEDIUM AND LARGE UNMANNED SURFACE VEHICLES (USVS) 144,846 102,846 LUSV integrated combat system early to need [–42,000] 029 0603207N AIR/OCEAN TACTICAL APPLICATIONS 27,849 27,849 030 0603216N AVIATION SURVIVABILITY 16,815 16,815 031 0603239N NAVAL CONSTRUCTION FORCES 5,290 5,290 033 0603254N ASW SYSTEMS DEVELOPMENT 17,612 17,612 034 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,111 3,111 035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 32,310 32,310 036 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 58,013 58,013 037 0603506N SURFACE SHIP TORPEDO DEFENSE 1,862 1,862 038 0603512N CARRIER SYSTEMS DEVELOPMENT 7,182 7,182 039 0603525N PILOT FISH 408,087 408,087 040 0603527N RETRACT LARCH 44,197 44,197 041 0603536N RETRACT JUNIPER 144,541 144,541 042 0603542N RADIOLOGICAL CONTROL 761 761 043 0603553N SURFACE ASW 1,144 1,144 044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 99,782 99,782 045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 14,059 14,059 046 0603563N SHIP CONCEPT ADVANCED DESIGN 111,590 111,590 047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 106,957 106,957 048 0603570N ADVANCED NUCLEAR POWER SYSTEMS 203,572 203,572 049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 78,122 78,122 050 0603576N CHALK EAGLE 80,270 80,270 051 0603581N LITTORAL COMBAT SHIP (LCS) 84,924 84,924 052 0603582N COMBAT SYSTEM INTEGRATION 17,322 17,322 053 0603595N OHIO REPLACEMENT 296,231 303,731 Program increase—composites development [7,500] 054 0603596N LCS MISSION MODULES 75,995 75,995 055 0603597N AUTOMATED TEST AND RE-TEST (ATRT) 7,805 7,805 056 0603599N FRIGATE DEVELOPMENT 109,459 109,459 057 0603609N CONVENTIONAL MUNITIONS 7,296 7,296 058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 77,065 67,707 Armored reconnaissance vehicle GFE excess to need [–4,400] Armored reconnaissance vehicle testing early to need [–4,958] 059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 34,785 34,785 060 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 8,774 8,774 061 0603721N ENVIRONMENTAL PROTECTION 20,677 20,677 062 0603724N NAVY ENERGY PROGRAM 33,824 43,824 AR3P auto refueling system [10,000] 063 0603725N FACILITIES IMPROVEMENT 6,327 6,327 064 0603734N CHALK CORAL 579,389 579,389 065 0603739N NAVY LOGISTIC PRODUCTIVITY 669 669 066 0603746N RETRACT MAPLE 295,295 295,295 067 0603748N LINK PLUMERIA 692,280 692,280 068 0603751N RETRACT ELM 83,904 83,904 069 0603764M LINK EVERGREEN 221,253 264,453 Marine Corps UFR—Additional development [43,200] 071 0603790N NATO RESEARCH AND DEVELOPMENT 5,805 5,805 072 0603795N LAND ATTACK TECHNOLOGY 4,017 4,017 073 0603851M JOINT NON-LETHAL WEAPONS TESTING 29,589 29,589 074 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 24,450 24,450 075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS 81,803 81,803 076 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 48,793 48,793 077 0604027N DIGITAL WARFARE OFFICE 46,769 55,752 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [8,983] 078 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES 84,676 84,676 079 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES 59,299 59,299 081 0604031N LARGE UNMANNED UNDERSEA VEHICLES 88,063 81,407 Contract award excess to need [–6,656] 082 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) 121,509 121,509 083 0604126N LITTORAL AIRBORNE MCM 18,669 15,187 COBRA Block II early to need [–3,482] 084 0604127N SURFACE MINE COUNTERMEASURES 13,655 13,655 085 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 33,246 33,246 086 0604289M NEXT GENERATION LOGISTICS 1,071 1,071 087 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) 9,825 9,825 088 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 6,555 6,555 089 0604454N LX (R) 3,344 3,344 090 0604536N ADVANCED UNDERSEA PROTOTYPING 58,473 51,283 Test and evaluation excess to need [–7,190] 091 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) 5,529 5,529 092 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 97,944 97,944 093 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 9,340 9,340 094 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 127,756 104,756 Project 3343 lack of program justification [–23,000] 095 0605512N MEDIUM UNMANNED SURFACE VEHICLES (MUSVS)) 60,028 60,028 096 0605513N UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES 170,838 123,838 USV machinery qualification insufficient justification [–47,000] 097 0605514M GROUND BASED ANTI-SHIP MISSILE (MARFORRES) 102,716 102,716 098 0605516M LONG RANGE FIRES (MARFORRES) 88,479 88,479 099 0605518N CONVENTIONAL PROMPT STRIKE (CPS) 1,372,340 1,498,340 Navy UFR—Additional CPS development [126,000] 100 0303354N ASW SYSTEMS DEVELOPMENT—MIP 8,571 8,571 101 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 16,204 23,204 Program increase—K-max unmanned logistics system [7,000] 102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 506 506 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 7,077,987 7,141,984 SYSTEM DEVELOPMENT & DEMONSTRATION 103 0603208N TRAINING SYSTEM AIRCRAFT 5,864 5,864 104 0604212N OTHER HELO DEVELOPMENT 56,444 49,312 Attack and utility replacement aircraft excess studies and analysis [–7,132] 105 0604214M AV–8B AIRCRAFT—ENG DEV 10,146 10,146 106 0604215N STANDARDS DEVELOPMENT 4,082 4,082 107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 46,418 54,418 Program increase—MH–60 modernization [8,000] 108 0604221N P–3 MODERNIZATION PROGRAM 579 579 109 0604230N WARFARE SUPPORT SYSTEM 10,167 10,167 110 0604231N COMMAND AND CONTROL SYSTEMS 122,913 122,913 111 0604234N ADVANCED HAWKEYE 386,860 386,860 112 0604245M H–1 UPGRADES 50,158 50,158 113 0604261N ACOUSTIC SEARCH SENSORS 46,066 46,066 114 0604262N V–22A 107,984 107,984 115 0604264N AIR CREW SYSTEMS DEVELOPMENT 22,746 22,746 116 0604269N EA–18 68,425 68,425 117 0604270N ELECTRONIC WARFARE DEVELOPMENT 139,535 136,593 Dual band decoy previously funded [–2,942] 118 0604273M EXECUTIVE HELO DEVELOPMENT 45,932 45,932 119 0604274N NEXT GENERATION JAMMER (NGJ) 243,923 235,423 Test and evaluation delays [–8,500] 120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 234,434 243,417 Navy tactical grid development for JADC2 [8,983] 121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 248,096 230,100 Contract delays [–17,996] 122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 371,575 371,575 123 0604311N LPD–17 CLASS SYSTEMS INTEGRATION 904 904 124 0604329N SMALL DIAMETER BOMB (SDB) 46,769 46,769 125 0604366N STANDARD MISSILE IMPROVEMENTS 343,511 343,511 126 0604373N AIRBORNE MCM 10,881 10,881 127 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 46,121 52,621 Program increase—stratospheric balloons [6,500] 128 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) 15,000 Program increase [15,000] 129 0604501N ADVANCED ABOVE WATER SENSORS 77,852 77,852 130 0604503N SSN–688 AND TRIDENT MODERNIZATION 95,693 95,693 131 0604504N AIR CONTROL 27,499 27,499 132 0604512N SHIPBOARD AVIATION SYSTEMS 8,924 8,924 133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,631 11,631 134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM 96,556 96,556 135 0604530N ADVANCED ARRESTING GEAR (AAG) 147 147 136 0604558N NEW DESIGN SSN 503,252 603,252 SSN Block VI design and advanced capabilities [100,000] 137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 62,115 62,115 138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 54,829 54,829 139 0604574N NAVY TACTICAL COMPUTER RESOURCES 4,290 4,290 140 0604601N MINE DEVELOPMENT 76,027 65,646 Encapsulated effector contract delays [–10,381] 141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 94,386 94,386 142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 8,348 8,348 143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV 42,144 42,144 144 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 7,375 7,375 146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 149,433 149,433 147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 87,862 84,488 Project 0173 MK9 CWTI replacement delay [–3,374] 148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 69,006 69,006 149 0604761N INTELLIGENCE ENGINEERING 20,684 20,684 150 0604771N MEDICAL DEVELOPMENT 3,967 11,467 Program increase—autonomous aerial technology for distributed logistics [7,500] 151 0604777N NAVIGATION/ID SYSTEM 48,837 48,837 152 0604800M JOINT STRIKE FIGHTER (JSF)—EMD 577 577 153 0604800N JOINT STRIKE FIGHTER (JSF)—EMD 262 262 154 0604850N SSN(X) 29,829 29,829 155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277 156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 239,892 Contract writing systems reduction [–3,936] 157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT 8,426 8,426 158 0605180N TACAMO MODERNIZATION 150,592 90,472 Unjustified air vehicle acquisition strategy [–60,120] 159 0605212M CH–53K RDTE 256,903 256,903 160 0605215N MISSION PLANNING 88,128 88,128 161 0605217N COMMON AVIONICS 60,117 92,017 Marine Corps UFR—MANGL Digital Interoperability [31,900] 162 0605220N SHIP TO SHORE CONNECTOR (SSC) 6,320 6,320 163 0605327N T-AO 205 CLASS 4,336 4,336 164 0605414N UNMANNED CARRIER AVIATION (UCA) 268,937 268,937 165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 356 356 166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 27,279 27,279 167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 173,784 173,784 168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION 80,709 80,709 169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION 2,005 2,005 170 0204202N DDG–1000 112,576 112,576 174 0304785N ISR & INFO OPERATIONS 136,140 133,781 Program decrease [–2,359] 175 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 26,318 26,318 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 5,910,089 5,971,232 MANAGEMENT SUPPORT 176 0604256N THREAT SIMULATOR DEVELOPMENT 20,862 20,862 177 0604258N TARGET SYSTEMS DEVELOPMENT 12,113 12,113 178 0604759N MAJOR T&E INVESTMENT 84,617 84,617 179 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 3,108 3,108 180 0605154N CENTER FOR NAVAL ANALYSES 38,590 38,590 183 0605804N TECHNICAL INFORMATION SERVICES 934 934 184 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 93,966 93,966 185 0605856N STRATEGIC TECHNICAL SUPPORT 3,538 3,538 186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 135,149 135,149 187 0605864N TEST AND EVALUATION SUPPORT 429,277 429,277 188 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 24,872 24,872 189 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 17,653 17,653 190 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 8,065 8,065 191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 47,042 44,042 Wargaming capability project restructured [–3,000] 192 0605898N MANAGEMENT HQ—R&D 35,614 35,614 193 0606355N WARFARE INNOVATION MANAGEMENT 38,958 38,958 194 0305327N INSIDER THREAT 2,581 2,581 195 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) 1,747 1,747 SUBTOTAL MANAGEMENT SUPPORT 998,686 995,686 OPERATIONAL SYSTEMS DEVELOPMENT 199 0604840M F–35 C2D2 515,746 515,746 200 0604840N F–35 C2D2 481,962 481,962 201 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS (MARFORRES) 65,381 65,381 202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 176,486 176,486 203 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 177,098 198,998 D5LE2 integration and test early to need [–2,100] Next generation strategic inertial measurement unit [9,000] Strategic weapons system shipboard navigation modernization [15,000] 204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 45,775 45,775 205 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 64,752 64,752 206 0101402N NAVY STRATEGIC COMMUNICATIONS 35,451 35,451 207 0204136N F/A–18 SQUADRONS 189,224 196,224 Program increase—neural network algorithms on advanced processors [3,000] Program increase—noise reduction research [4,000] 208 0204228N SURFACE SUPPORT 13,733 13,733 209 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 132,181 132,181 210 0204311N INTEGRATED SURVEILLANCE SYSTEM 84,276 84,276 211 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 6,261 6,261 212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 1,657 1,657 213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 21,367 68,367 Marine Corps UFR—Air traffic control Block IV development [23,000] Marine Corps UFR—Radar signal processor refresh [12,000] Marine Corps UFR—Software mods to implement NIFC [12,000] 214 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 56,741 56,741 215 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 62,006 62,006 216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 133,520 125,823 Program decrease [–7,697] 217 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 28,804 28,804 218 0205632N MK–48 ADCAP 114,492 114,492 219 0205633N AVIATION IMPROVEMENTS 132,486 132,486 220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 113,760 113,760 221 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 89,897 92,697 Compact solid state antenna—USMC UPL [2,800] 222 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) 9,324 12,824 Marine Corps UFR—Software development for NIFC integration [3,500] 223 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 108,235 108,235 224 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 13,185 13,185 225 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 37,695 44,295 Marine Corps UFR—G-BOSS High Definition modernization [3,700] Marine Corps UFR—SCINet transition [2,900] 226 0206629M AMPHIBIOUS ASSAULT VEHICLE 7,551 7,551 227 0207161N TACTICAL AIM MISSILES 23,881 23,881 228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 32,564 32,564 229 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,101 3,101 234 0303138N AFLOAT NETWORKS 30,890 35,690 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [4,800] 235 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,311 33,311 236 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 7,514 7,514 237 0305204N TACTICAL UNMANNED AERIAL VEHICLES 9,837 9,837 238 0305205N UAS INTEGRATION AND INTEROPERABILITY 9,797 9,797 239 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 38,800 38,800 240 0305220N MQ–4C TRITON 13,029 13,029 241 0305231N MQ–8 UAV 26,543 26,543 242 0305232M RQ–11 UAV 533 533 243 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 1,772 1,772 245 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 59,252 59,252 246 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) 9,274 9,274 247 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 36,378 36,378 248 0305421N RQ–4 MODERNIZATION 134,323 134,323 249 0307577N INTELLIGENCE MISSION DATA (IMD) 907 907 250 0308601N MODELING AND SIMULATION SUPPORT 9,772 9,772 251 0702207N DEPOT MAINTENANCE (NON-IF) 36,880 41,880 CPF—defense industrial skills and technology training [5,000] 252 0708730N MARITIME TECHNOLOGY (MARITECH) 3,329 3,329 999 9999999999 CLASSIFIED PROGRAMS 1,872,586 1,872,586 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 5,313,319 5,404,222 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 254 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM 13,703 13,703 255 0608113N NAVY NEXT GENERATION ENTERPRISE NETWORK (NGEN)—SOFTWARE PILOT PROGRAM 955,151 955,151 256 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM 14,855 14,855 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 983,709 983,709 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 22,639,362 23,101,189 RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 001 0601102F DEFENSE RESEARCH SCIENCES 328,303 347,823 Program increase—basic research [19,520] 002 0601103F UNIVERSITY RESEARCH INITIATIVES 162,403 193,903 CPF—neural-enabled prosthetics [1,500] University research programs [30,000] SUBTOTAL BASIC RESEARCH 490,706 541,726 APPLIED RESEARCH 004 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH 79,901 79,901 005 0602102F MATERIALS 113,460 145,460 Continuous composites 3D printing [7,000] CPF—affordable multifunctional aerospace composites [10,000] Digital maintenance advisor [5,000] High energy synchrotron x-ray research [5,000] Maturation of carbon/carbon thermal protection systems [5,000] 006 0602201F AEROSPACE VEHICLE TECHNOLOGIES 163,032 170,532 Ground test and development of hypersonic engines [5,000] Nano-UAS for the military warfighter [2,500] 007 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 136,273 136,273 008 0602203F AEROSPACE PROPULSION 174,683 181,683 Low-cost small turbine engine research [7,000] 009 0602204F AEROSPACE SENSORS 198,918 461,918 Chip-locking microelectronics security [6,000] Cyber assurance and assessment of electronic hardware systems [7,000] Microelectronics research network [250,000] 011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES 8,891 8,891 012 0602602F CONVENTIONAL MUNITIONS 151,757 151,757 013 0602605F DIRECTED ENERGY TECHNOLOGY 111,052 113,552 CPF—directed energy research and education for workforce development [2,500] 014 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 169,110 181,110 CPF—assessment of a national laboratory for transformational computing [2,000] Program increase—quantum network testbed [10,000] SUBTOTAL APPLIED RESEARCH 1,307,077 1,631,077 ADVANCED TECHNOLOGY DEVELOPMENT 017 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS 131,643 187,643 Procure Valkyrie aircraft [75,000] Program reduction [–19,000] 018 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 31,905 41,905 Metals affordability research [10,000] 019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 21,057 21,057 020 0603203F ADVANCED AEROSPACE SENSORS 45,464 54,764 Authorization software for autonomous sensors [9,300] 021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 70,486 85,486 Enhanced capability hypersonic airbreathing testbed [15,000] 022 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY 75,273 159,773 CPF—development of advanced propulsion technologies for hypersonic systems [5,000] Ground testing of reusable high mach turbine engines [20,000] Next generation UAS propulsion development [30,000] Reusable high mach turbine engine [29,500] 023 0603270F ELECTRONIC COMBAT TECHNOLOGY 46,591 46,591 026 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT 24,589 24,589 027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 157,423 157,423 028 0603605F ADVANCED WEAPONS TECHNOLOGY 28,258 33,258 Program increase—LIDAR CUAS automated target recognition [5,000] 029 0603680F MANUFACTURING TECHNOLOGY PROGRAM 45,259 157,259 Aerospace and defense supply ecosystem [6,000] CPF—additive manufacturing and ultra-high performance concrete [5,000] Program increase [70,000] Smart manufacturing digital thread initiative [10,000] Sustainment and modernization research and development program [7,000] Universal robotic controller [6,000] Virtual, augmented, and mixed reality readiness [8,000] 030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION 56,772 56,772 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 734,720 1,026,520 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 5,795 5,795 032 0603742F COMBAT IDENTIFICATION TECHNOLOGY 21,939 21,939 033 0603790F NATO RESEARCH AND DEVELOPMENT 4,114 4,114 034 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 49,621 49,621 036 0604001F NC3 ADVANCED CONCEPTS 6,900 6,900 037 0604002F AIR FORCE WEATHER SERVICES RESEARCH 986 986 038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) 203,849 203,849 039 0604004F ADVANCED ENGINE DEVELOPMENT 123,712 380,712 Program increase—AETP [257,000] 040 0604006F ARCHITECTURE INITIATIVES 82,438 128,438 Acceleration of tactical datalink waveform [80,000] Program decrease [–34,000] 041 0604015F LONG RANGE STRIKE—BOMBER 2,872,624 2,872,624 042 0604032F DIRECTED ENERGY PROTOTYPING 10,820 10,820 043 0604033F HYPERSONICS PROTOTYPING 438,378 438,378 044 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 39,742 39,742 045 0604257F ADVANCED TECHNOLOGY AND SENSORS 23,745 23,745 046 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER 95,788 95,788 047 0604317F TECHNOLOGY TRANSFER 15,768 23,268 Program increase—academic partnership intermediary agreement tech transfer [7,500] 048 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 15,886 15,886 049 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 71,229 71,229 050 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 40,103 40,103 051 0604858F TECH TRANSITION PROGRAM 343,545 442,545 Blended wing body prototype phase 1 [15,000] C–17 active winglets phase 1 [2,000] KC–135 winglets [2,000] NORTHCOM UFR—Proliferated low earth orbit Arctic communications [80,000] 052 0605230F GROUND BASED STRATEGIC DETERRENT 2,553,541 2,553,541 054 0207110F NEXT GENERATION AIR DOMINANCE 1,524,667 1,524,667 055 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) 50,000 Build command and control framework [50,000] 056 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 10,905 10,905 057 0208030F WAR RESERVE MATERIEL—AMMUNITION 3,943 3,943 059 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 43,881 43,881 061 0305601F MISSION PARTNER ENVIRONMENTS 16,420 16,420 062 0306250F CYBER OPERATIONS TECHNOLOGY SUPPORT 242,499 282,499 Coordination with private sector to protect against foreign malicious cyber actors [15,000] CYBERCOM UFR enhanced attribution transition [25,000] 063 0306415F ENABLED CYBER ACTIVITIES 16,578 16,578 066 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM 20,343 20,343 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 8,899,759 9,399,259 SYSTEM DEVELOPMENT & DEMONSTRATION 078 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS 23,499 23,499 079 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 167,520 167,520 080 0604222F NUCLEAR WEAPONS SUPPORT 30,050 30,050 081 0604270F ELECTRONIC WARFARE DEVELOPMENT 2,110 2,110 082 0604281F TACTICAL DATA NETWORKS ENTERPRISE 169,836 169,836 083 0604287F PHYSICAL SECURITY EQUIPMENT 8,469 8,469 085 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 9,047 9,047 086 0604604F SUBMUNITIONS 2,954 2,954 087 0604617F AGILE COMBAT SUPPORT 16,603 16,603 089 0604706F LIFE SUPPORT SYSTEMS 25,437 25,437 090 0604735F COMBAT TRAINING RANGES 23,980 34,180 Air Force combat training ranges [7,200] Gulf test range improvement [3,000] 092 0604932F LONG RANGE STANDOFF WEAPON 609,042 609,042 093 0604933F ICBM FUZE MODERNIZATION 129,709 129,709 095 0605056F OPEN ARCHITECTURE MANAGEMENT 37,109 37,109 096 0605221F KC–46 1 1 097 0605223F ADVANCED PILOT TRAINING 188,898 188,898 098 0605229F HH–60W 66,355 30,506 Early to need—capability upgrades and modernization [–35,849] 101 0207171F F–15 EPAWSS 112,012 112,012 102 0207328F STAND IN ATTACK WEAPON 166,570 166,570 103 0207701F FULL COMBAT MISSION TRAINING 7,064 12,064 Program increase—airborne augmented reality for pilot training [5,000] 105 0401221F KC–46A TANKER SQUADRONS 73,459 67,459 Underexecution [–6,000] 107 0401319F VC–25B 680,665 655,665 Early to need [–25,000] 108 0701212F AUTOMATED TEST SYSTEMS 15,445 15,445 109 0804772F TRAINING DEVELOPMENTS 4,482 4,482 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 2,570,316 2,518,667 MANAGEMENT SUPPORT 124 0604256F THREAT SIMULATOR DEVELOPMENT 41,909 41,909 125 0604759F MAJOR T&E INVESTMENT 130,766 130,766 126 0605101F RAND PROJECT AIR FORCE 36,017 36,017 128 0605712F INITIAL OPERATIONAL TEST & EVALUATION 12,582 12,582 129 0605807F TEST AND EVALUATION SUPPORT 811,032 811,032 131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS 243,796 243,796 132 0605828F ACQ WORKFORCE- GLOBAL REACH 435,930 435,930 133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 435,274 435,274 135 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 243,806 243,806 136 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY 103,041 103,041 137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS 226,055 226,055 138 0605898F MANAGEMENT HQ—R&D 4,079 4,079 139 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 70,788 70,788 140 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 30,057 30,057 141 0606017F REQUIREMENTS ANALYSIS AND MATURATION 85,799 80,799 Program decrease [–5,000] 142 0606398F MANAGEMENT HQ—T&E 6,163 6,163 143 0303166F SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES 537 537 144 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM 25,340 35,340 Program increase—NC3 rapid engineering architecture collaboration hub [10,000] 145 0308602F ENTERPRISE INFORMATION SERVICES (EIS) 28,720 28,720 146 0702806F ACQUISITION AND MANAGEMENT SUPPORT 37,211 37,211 147 0804731F GENERAL SKILL TRAINING 1,506 1,506 148 0804772F TRAINING DEVELOPMENTS 2,957 2,957 150 1001004F INTERNATIONAL ACTIVITIES 2,420 2,420 156 1206864F SPACE TEST PROGRAM (STP) 3 3 SUBTOTAL MANAGEMENT SUPPORT 3,015,788 3,020,788 OPERATIONAL SYSTEMS DEVELOPMENT 157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 5,509 5,509 158 0604445F WIDE AREA SURVEILLANCE 2,760 2,760 160 0604840F F–35 C2D2 985,404 985,404 161 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 22,010 22,010 162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 51,492 51,492 163 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 71,391 71,391 164 0605278F HC/MC–130 RECAP RDT&E 46,796 46,796 165 0606018F NC3 INTEGRATION 26,532 26,532 167 0101113F B–52 SQUADRONS 715,811 660,811 CERP rapid prototyping materiel contract delay [–55,000] 168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453 169 0101126F B–1B SQUADRONS 29,127 29,127 170 0101127F B–2 SQUADRONS 144,047 144,047 171 0101213F MINUTEMAN SQUADRONS 113,622 113,622 172 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS 15,202 15,202 174 0101328F ICBM REENTRY VEHICLES 96,313 96,313 176 0102110F UH–1N REPLACEMENT PROGRAM 16,132 16,132 177 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 771 771 178 0102412F NORTH WARNING SYSTEM (NWS) 99 25,199 NORTHCOM UFR—Over the horizon radar [25,100] 179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 42,300 42,300 180 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL 5,889 5,889 181 0205219F MQ–9 UAV 85,135 84,121 Early to need—program protection technology insertion [–1,014] 182 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE 3,111 3,111 183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT 36,607 36,607 184 0207131F A–10 SQUADRONS 39,224 39,224 185 0207133F F–16 SQUADRONS 224,573 224,573 186 0207134F F–15E SQUADRONS 239,616 239,616 187 0207136F MANNED DESTRUCTIVE SUPPRESSION 15,855 15,855 188 0207138F F–22A SQUADRONS 647,296 647,296 189 0207142F F–35 SQUADRONS 69,365 69,365 190 0207146F F–15EX 118,126 118,126 191 0207161F TACTICAL AIM MISSILES 32,974 32,974 192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 51,288 51,288 193 0207227F COMBAT RESCUE—PARARESCUE 852 852 194 0207247F AF TENCAP 23,685 23,685 195 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 12,083 12,083 196 0207253F COMPASS CALL 91,266 91,266 197 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 103,715 103,715 198 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 117,325 117,325 199 0207327F SMALL DIAMETER BOMB (SDB) 27,109 27,109 200 0207410F AIR & SPACE OPERATIONS CENTER (AOC) 3 3 201 0207412F CONTROL AND REPORTING CENTER (CRC) 9,875 9,875 202 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) 171,014 171,014 203 0207418F AFSPECWAR—TACP 4,598 4,598 205 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 21,863 21,863 206 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I 7,905 7,905 207 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR) 15,000 15,000 208 0207444F TACTICAL AIR CONTROL PARTY-MOD 13,081 13,081 209 0207452F DCAPES 4,305 4,305 210 0207521F AIR FORCE CALIBRATION PROGRAMS 1,984 1,984 211 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 7,392 7,392 212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 1,971 1,971 213 0207590F SEEK EAGLE 30,539 30,539 214 0207601F USAF MODELING AND SIMULATION 17,110 17,110 215 0207605F WARGAMING AND SIMULATION CENTERS 7,535 7,535 216 0207610F BATTLEFIELD ABN COMM NODE (BACN) 32,008 32,008 217 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,007 4,007 218 0208006F MISSION PLANNING SYSTEMS 92,557 92,557 219 0208007F TACTICAL DECEPTION 489 489 220 0208064F OPERATIONAL HQ—CYBER 2,115 2,115 221 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 72,487 72,487 222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 18,449 18,449 223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) 79,079 79,079 224 0208099F UNIFIED PLATFORM (UP) 101,893 101,893 228 0208288F INTEL DATA APPLICATIONS 493 493 229 0301025F GEOBASE 2,782 2,782 231 0301113F CYBER SECURITY INTELLIGENCE SUPPORT 5,224 5,224 238 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS 2,463 2,463 239 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 26,331 26,331 240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 58,165 58,165 242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 8,032 8,032 243 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 452 452 244 0303248F ALL DOMAIN COMMON PLATFORM 64,000 64,000 246 0304260F AIRBORNE SIGINT ENTERPRISE 97,546 93,546 Excess carryover—special projects [–4,000] 247 0304310F COMMERCIAL ECONOMIC ANALYSIS 3,770 8,770 CPF—mobilizing civilian expertise for national security education on geo-economics, and innovation in the era of great power competition [5,000] 251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY 1,663 1,663 252 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) 18,888 15,888 Excess to need [–3,000] 253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 4,672 4,672 254 0305103F CYBER SECURITY INITIATIVE 290 290 255 0305111F WEATHER SERVICE 26,228 36,228 Program increase—commercial weather data pilot [10,000] 256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 8,749 8,749 257 0305116F AERIAL TARGETS 1,528 126,528 Unmanned adversary air platforms [125,000] 260 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 223 223 262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 8,733 8,733 264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,335 21,335 265 0305202F DRAGON U–2 17,146 35,846 Air Force UFR—Antenna replacement [18,700] 267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 71,791 151,291 Air Force UFR—ASARS processor and antenna development [67,000] Program increase—wide area motion imagery [12,500] 268 0305207F MANNED RECONNAISSANCE SYSTEMS 14,799 14,799 269 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 24,568 24,568 270 0305220F RQ–4 UAV 83,124 83,124 271 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 17,224 17,224 272 0305238F NATO AGS 19,473 19,473 273 0305240F SUPPORT TO DCGS ENTERPRISE 40,421 40,421 274 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 14,473 14,473 275 0305881F RAPID CYBER ACQUISITION 4,326 4,326 276 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,567 2,567 277 0307577F INTELLIGENCE MISSION DATA (IMD) 6,169 6,169 278 0401115F C–130 AIRLIFT SQUADRON 9,752 9,752 279 0401119F C–5 AIRLIFT SQUADRONS (IF) 17,507 17,507 280 0401130F C–17 AIRCRAFT (IF) 16,360 16,360 281 0401132F C–130J PROGRAM 14,112 14,112 282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 5,540 5,540 283 0401218F KC–135S 3,564 3,564 285 0401318F CV–22 17,189 17,189 286 0408011F SPECIAL TACTICS / COMBAT CONTROL 6,640 6,640 288 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM 26,921 26,921 289 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 7,071 7,071 291 0804743F OTHER FLIGHT TRAINING 1,999 1,999 293 0901202F JOINT PERSONNEL RECOVERY AGENCY 1,841 1,841 294 0901218F CIVILIAN COMPENSATION PROGRAM 3,560 3,560 295 0901220F PERSONNEL ADMINISTRATION 3,368 3,368 296 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 1,248 1,248 297 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 4,852 4,852 301 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 6,737 6,737 999 9999999999 CLASSIFIED PROGRAMS 15,868,973 15,868,973 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 21,743,006 21,943,292 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 317 0608158F STRATEGIC MISSION PLANNING AND EXECUTION SYSTEM—SOFTWARE PILOT PROGRAM 96,100 96,100 318 0608410F AIR & SPACE OPERATIONS CENTER (AOC)—SOFTWARE PILOT PROGRAM 186,918 186,918 319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND MANAGEMENT SYSTEM (DEAMS)—SOFTWARE PILOT PRO 135,263 135,263 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 418,281 418,281 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 39,179,653 40,499,610 RDTE, SPACE FORCE APPLIED RESEARCH 001 1206601SF SPACE TECHNOLOGY 181,209 201,709 Battery cycle life improvements [3,000] Program increase—hybrid space architecture [5,000] Program increase—radiation hardened microprocessor [5,000] Program increase—university consortia for space technology [7,500] SUBTOTAL APPLIED RESEARCH 181,209 201,709 ADVANCED TECHNOLOGY DEVELOPMENT 002 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO 75,919 136,919 Space Force UFR—accelerate cislunar flight experiment [61,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 75,919 136,919 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 003 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 434,194 434,194 004 1203710SF EO/IR WEATHER SYSTEMS 162,274 162,274 005 1203905SF SPACE SYSTEM SUPPORT 37,000 37,000 006 1206422SF WEATHER SYSTEM FOLLOW-ON 61,521 61,521 007 1206425SF SPACE SITUATION AWARENESS SYSTEMS 123,262 130,262 Space Force UFR—Maui optical site [7,000] 008 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) 101,851 129,851 Space Force UFR—Expand Blackjack radio frequency payloads [28,000] 009 1206438SF SPACE CONTROL TECHNOLOGY 32,931 32,931 010 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 56,546 71,546 Program increase [15,000] 011 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) 100,320 100,320 012 1206761SF PROTECTED TACTICAL SERVICE (PTS) 243,285 243,285 013 1206855SF EVOLVED STRATEGIC SATCOM (ESS) 160,056 160,056 014 1206857SF SPACE RAPID CAPABILITIES OFFICE 66,193 66,193 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 1,579,433 1,629,433 SYSTEM DEVELOPMENT & DEMONSTRATION 015 1203269SF GPS III FOLLOW-ON (GPS IIIF) 264,265 264,265 016 1203940SF SPACE SITUATION AWARENESS OPERATIONS 56,279 56,279 017 1206421SF COUNTERSPACE SYSTEMS 38,063 38,063 018 1206422SF WEATHER SYSTEM FOLLOW-ON 1,438 1,438 019 1206425SF SPACE SITUATION AWARENESS SYSTEMS 127,026 136,026 Space Force UFR—Add space domain rapid innovation pathfinders [9,000] 020 1206431SF ADVANCED EHF MILSATCOM (SPACE) 28,218 28,218 021 1206432SF POLAR MILSATCOM (SPACE) 127,870 127,870 022 1206442SF NEXT GENERATION OPIR 2,451,256 2,451,256 023 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION 23,400 23,400 024 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD 221,510 280,710 Maintain competition for Ph3—DOD unique requirements [50,000] Space Force UFR—Liquid oxygen explosive tests [9,200] SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,339,325 3,407,525 MANAGEMENT SUPPORT 025 1206116SF SPACE TEST AND TRAINING RANGE DEVELOPMENT 19,319 52,619 Space Force UFR—signal emulation generation subsystem [33,300] 026 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS 214,051 214,051 027 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA 12,119 12,119 028 1206759SF MAJOR T&E INVESTMENT—SPACE 71,503 71,503 029 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 17,769 21,769 CPF—small rocket program [4,000] 030 1206862SF TACTICALLY RESPONSIVE LAUNCH 50,000 Program increase [50,000] 031 1206864SF SPACE TEST PROGRAM (STP) 20,881 20,881 SUBTOTAL MANAGEMENT SUPPORT 355,642 442,942 OPERATIONAL SYSTEM DEVELOPMENT 033 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) 4,731 4,731 034 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 156,788 156,788 035 1203040SF DCO-SPACE 2,150 2,150 036 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 112,012 112,012 037 1203110SF SATELLITE CONTROL NETWORK (SPACE) 36,810 36,810 038 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) 1,966 1,966 039 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER 1,699 5,699 Space Force UFR—Improve operations of payload adapter [4,000] 040 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 18,054 33,354 Space Force UFR—Digitial core services for distributed space test and training [15,300] 041 1203182SF SPACELIFT RANGE SYSTEM (SPACE) 11,115 23,115 CPF—tactically responsive launch/deployable spaceport [7,000] Program increase [5,000] 042 1203265SF GPS III SPACE SEGMENT 7,207 7,207 043 1203330SF SPACE SUPERIORITY ISR 18,109 18,109 044 1203620SF NATIONAL SPACE DEFENSE CENTER 1,280 1,280 045 1203873SF BALLISTIC MISSILE DEFENSE RADARS 12,292 12,292 046 1203906SF NCMC—TW/AA SYSTEM 9,858 9,858 047 1203913SF NUDET DETECTION SYSTEM (SPACE) 45,887 45,887 048 1203940SF SPACE SITUATION AWARENESS OPERATIONS 64,763 64,763 049 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 413,766 413,766 053 1206770SF ENTERPRISE GROUND SERVICES 191,713 191,713 999 9999999999 CLASSIFIED PROGRAMS 4,474,809 4,680,009 Space Force UFR—classified [205,200] SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 5,585,009 5,821,509 SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 054 1203614SF JSPOC MISSION SYSTEM 154,529 154,529 SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 154,529 154,529 TOTAL RDTE, SPACE FORCE 11,271,066 11,794,566 RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 001 0601000BR DTRA BASIC RESEARCH 11,828 12,705 Program increase [877] 002 0601101E DEFENSE RESEARCH SCIENCES 395,781 454,281 Adversary Influence Operations (IO)—detection, modeling, mitigation [5,000] Artificial Intelligence (AI)—trustworthy, human integrated, robust [5,000] Biotechnology for challenging environments [7,000] CPF—novel analytical and empirical approaches to the prediction and monitoring of disease transmission [1,500] High assurance software systems—resilient, adaptable, trustworthy [5,000] Increase for DARPA-funded university research activities [15,000] Program increase—ERI 2.0 [20,000] 003 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 15,390 15,390 004 0601110D8Z BASIC RESEARCH INITIATIVES 39,828 77,061 Consortium to study irregular warfare [8,000] CPF—Florida Memorial University Department of Natural Sciences STEM equipment [400] CPF—SOUTHCOM Enhanced Domain Awareness (EDA) initiative [1,300] DEPSCoR [10,000] Minerva management and social science research [13,000] Program increase [4,533] 005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 76,018 86,018 Assessing immune memory [5,000] Traumatic brain injury research [5,000] 006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 112,195 132,195 Civics education [2,000] CPF—Florida Memorial Avionics Smart Scholars [1,000] SMART scholarships for AI related education [13,000] SMART scholarships program increase [4,000] 007 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 31,136 73,247 CPF—augmenting quantum sensing research, education, and training in DOD COE at DSU [1,111] CPF—HBCU training for the future of aerospace [1,000] Program increase [40,000] 008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 34,708 37,208 Program increase—chemically resistant, high-performance military cordage, rope, and webbing [2,500] SUBTOTAL BASIC RESEARCH 716,884 888,105 APPLIED RESEARCH 009 0602000D8Z JOINT MUNITIONS TECHNOLOGY 19,591 19,591 010 0602115E BIOMEDICAL TECHNOLOGY 108,698 118,698 Bridging the gap after spinal cord injury [5,000] Non-invasive neurotechnology rehabilitation take home trials [5,000] 012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION 22,918 82,918 6G and beyond experimentation efforts [50,000] Artificial intelligence (AI)—trustworthy, human integrated, robust [10,000] 013 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 55,692 55,692 014 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 65,015 115,015 AI research and development [50,000] 015 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 430,363 745,363 National Security Commission on Artificial Intelligence implementation [200,000] Program increase—AI, cyber, and data analytics [15,000] Quantum computing acceleration [100,000] 016 0602383E BIOLOGICAL WARFARE DEFENSE 31,421 31,421 017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 206,956 213,456 Biodetection system for joint force infrastructure protection [6,500] 018 0602668D8Z CYBER SECURITY RESEARCH 15,380 35,380 AI-enabled cyber defense acceleration study [10,000] Program increase [10,000] 019 0602702E TACTICAL TECHNOLOGY 202,515 249,515 MADFIRES [30,000] Program increase—AI, cyber and data analytics [17,000] 020 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 317,024 378,624 Adaptive immunomodulation-based therapeutics (ElectRx) [4,600] Agile chemical manufacturing technologies (ACMT) [20,000] Bioengineered electronics and electromagnetic devices (Bio-INC) [6,000] Bioremediation of battlefields [7,000] Maritime materials technologies (M2T) [5,000] Materiel protection through biologics [5,000] Neuroprotection from brain injury [9,000] Regenerative engineering for complex tissue regeneration & limb reconstruction [5,000] 021 0602716E ELECTRONICS TECHNOLOGY 357,384 393,384 Program increase—ERI 2.0 [36,000] 022 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH 197,011 197,011 023 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 9,601 9,601 024 0602890D8Z HIGH ENERGY LASER RESEARCH 45,997 115,997 Directed energy innovation—improved beam control [50,000] Joint Directed Energy Transition Office [20,000] 025 1160401BB SOF TECHNOLOGY DEVELOPMENT 44,829 48,829 Program increase—sustained human performance and resilience [4,000] SUBTOTAL APPLIED RESEARCH 2,130,395 2,810,495 ADVANCED TECHNOLOGY DEVELOPMENT 026 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 23,213 23,213 027 0603121D8Z SO/LIC ADVANCED DEVELOPMENT 4,665 4,665 028 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 69,376 69,376 029 0603133D8Z FOREIGN COMPARATIVE TESTING 25,432 25,432 031 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT 399,362 404,362 Reduced order models [5,000] 032 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 15,800 29,700 BATMAA BMDS advanced technology [8,700] MDA UFR—Cybersecurity improvements [5,200] 033 0603180C ADVANCED RESEARCH 21,466 26,466 Program increase—high speed flight experiment testing [5,000] 034 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION 51,340 51,340 035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 19,063 19,063 036 0603286E ADVANCED AEROSPACE SYSTEMS 174,043 256,043 Glide breaker [20,000] Hypersonic Air-Breathing Weapon Concept (HAWC) [37,000] OpFires [10,000] Tactical Boost Glide (TBG) [15,000] 037 0603287E SPACE PROGRAMS AND TECHNOLOGY 101,524 186,524 Blackjack critical risk reduction [25,000] Blackjack schedule assurance [30,000] Robotic Servicing of Geosynchronous Satellites (RSGS) [30,000] 038 0603288D8Z ANALYTIC ASSESSMENTS 24,012 24,012 039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS 51,513 51,513 042 0603338D8Z DEFENSE MODERNIZATION AND PROTOTYPING 115,443 193,443 Defense critical supply chain documentation and monitoring [3,000] Rapid Innovation Program [75,000] 043 0603342D8Z DEFENSE INNOVATION UNIT (DIU) 31,873 31,873 044 0603375D8Z TECHNOLOGY INNOVATION 54,433 54,433 045 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 197,824 197,824 046 0603527D8Z RETRACT LARCH 99,175 99,175 047 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 18,221 18,221 048 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 102,669 102,669 049 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 2,984 2,984 050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 134,022 380,322 Additive manufacturing training [5,000] Biotechnology innovation—enabling modular and scalable bioindustrial and resuable assets [200,000] Certification-based workforce training programs for manufacturing [3,000] CPF—cold spray and rapid deposition lab [1,300] Cybersecurity for industrial control systems [3,000] Data analytics and visual system [3,000] HPC-enabled advanced manufacturing [8,000] Hypersonics advanced manufacturing [10,000] Integrated silicon-based lasers [10,000] Virtual reality-enabled smart installation experimentation [3,000] 051 0603680S MANUFACTURING TECHNOLOGY PROGRAM 37,543 47,543 Program increase—steel performance initiative [10,000] 053 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 12,418 12,418 054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 51,863 81,863 Program increase—AFFF replacement, disposal, and cleanup technology [15,000] Program increase—PFAS remediation and disposal technology [15,000] 055 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 160,821 160,821 056 0603727D8Z JOINT WARFIGHTING PROGRAM 2,169 2,169 057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 116,716 140,716 Program increase—ERI 2.0 [24,000] 058 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 251,794 295,394 Classified increase [21,000] Deep water active sonar [15,000] Network UP [5,000] SHARE alignment with OTNK research [1,100] SHARE ICN performance enhancements for operational use [1,500] 059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 584,771 779,246 Air combat evolution (ACE) [8,200] Artificial intelligence research activities [100,000] Assault breaker II [50,000] Classified increase [20,400] Ocean of things [875] Ocean of things phase 3 demonstration [10,000] Timely information for maritime engagements (TIMEly) [5,000] 060 0603767E SENSOR TECHNOLOGY 294,792 367,392 Classified increase [27,800] SECTRE munitions digital twin for in theater/flight target additions and performance improvements [4,400] Systems of systems-enhanced small units (SESU) [4,400] Thermal imaging technology experiment-recon (TITE-R) [36,000] 061 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT 6,398 9,198 Systems of systems-enhanced small units (SESU) [2,800] 062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 14,677 14,977 CODE enhancements for SESU [300] 065 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 107,397 107,397 066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 267,161 267,161 067 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 21,270 31,270 Program increase [10,000] 068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 74,300 74,300 070 0303310D8Z CWMD SYSTEMS 5,000 Data storage capabilities for special operations forces [5,000] 074 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 93,415 98,415 SOF platform agnostic data storage capability [5,000] 075 1206310SDA SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT 172,638 172,638 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 4,007,596 4,920,571 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 076 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 28,687 28,687 077 0603600D8Z WALKOFF 108,652 108,652 078 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES 5,000 CDO for ADA [5,000] 079 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 71,429 89,429 Military energy resilience catalyst [3,000] Program increase—AFFF replacement, disposal, and cleanup technology [5,000] Program increase—PFAS remediation and disposal technology [10,000] 080 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 277,949 213,382 Unjustified request, lacking acquisition strategy—LHD [–64,567] 081 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 745,144 740,144 Unjustified growth—ground support and fire control LHD lack of validated requirement and acquisition strategy [–5,000] 082 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 129,445 129,445 083 0603884C BALLISTIC MISSILE DEFENSE SENSORS 224,750 227,762 MDA UFR—Cybersecurity improvements [3,012] 084 0603890C BMD ENABLING PROGRAMS 595,301 631,881 MDA UFR—Cybersecurity improvements [44,830] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–8,250] 085 0603891C SPECIAL PROGRAMS—MDA 413,374 413,374 086 0603892C AEGIS BMD 732,512 694,418 Layered homeland defense lack of requirement [–86,494] MDA UFR—Radar upgrades [48,400] 087 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 603,448 587,424 MDA UFR—Cybersecurity improvements [2,000] MDA UFR—JADC2 integration [4,476] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–22,500] 088 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 50,594 50,594 089 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 52,403 52,403 090 0603906C REGARDING TRENCH 11,952 11,952 091 0603907C SEA BASED X-BAND RADAR (SBX) 147,241 147,241 092 0603913C ISRAELI COOPERATIVE PROGRAMS 300,000 300,000 093 0603914C BALLISTIC MISSILE DEFENSE TEST 362,906 362,906 094 0603915C BALLISTIC MISSILE DEFENSE TARGETS 553,334 568,784 Advanced target front end configuration 3 tech maturation [5,000] Architecture RTS development [10,000] MDS architecture IAC prototype [5,000] Unjustified growth—LHD lack of validated requirement and acquisition strategy [–4,550] 096 0603923D8Z COALITION WARFARE 5,103 5,103 097 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G) 374,665 474,665 5G acceleration activities [100,000] 098 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,259 3,259 099 0604102C GUAM DEFENSE DEVELOPMENT 78,300 138,300 INDOPACOM UFR—Guam Defense System [60,000] 100 0604115C TECHNOLOGY MATURATION INITIATIVES 34,000 Program increase—diode pumped alkali laser [14,000] Short pulse laser directed energy demonstration [20,000] 103 0604181C HYPERSONIC DEFENSE 247,931 309,796 MDA UFR—Accelerate hypersonic defensive systems [61,865] 104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 716,456 831,456 Mission-based acquisition [100,000] Program increase—mobile nuclear microreactor [15,000] 105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 509,195 548,995 Advanced analog & mixed signal microelectronics design and manufacturing [6,800] Radiation-hardened application specific integrated circuits [18,000] Trusted and assured GaN and GaAs RFIC technology [15,000] 106 0604331D8Z RAPID PROTOTYPING PROGRAM 103,575 182,575 ADA network resiliency/cloud [79,000] 107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTOTYPING 11,213 26,213 National security innovation capital program increase [15,000] 108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT 2,778 2,778 109 0604551BR CATAPULT 7,166 7,166 110 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T 23,200 23,200 111 0604672C HOMELAND DEFENSE RADAR—HAWAII (HDR-H) 75,000 INDOPACOM UFR—Restoration of HDR-H [75,000] 113 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) 3,519 3,519 114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS 17,439 17,439 115 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 133,335 133,335 116 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 926,125 926,125 117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST 32,697 32,697 118 0604878C AEGIS BMD TEST 117,055 111,255 Unjustified growth—AEGIS LHD test funding early to need [–5,800] 119 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST 77,428 77,428 120 0604880C LAND-BASED SM–3 (LBSM3) 43,158 43,158 121 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 61,424 61,424 122 0202057C SAFETY PROGRAM MANAGEMENT 2,323 2,323 123 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS 2,568 2,568 125 0305103C CYBER SECURITY INITIATIVE 1,142 1,142 126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING 636,179 648,179 Laser communication terminal technologies [6,000] Space laser communications [6,000] 127 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM 15,176 15,176 128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 292,811 292,811 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 9,854,341 10,394,563 SYSTEM DEVELOPMENT & DEMONSTRATION 129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 5,682 5,682 131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 299,848 299,848 132 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 9,345 9,345 133 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT 14,063 14,063 134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265 135 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 7,205 7,205 136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 5,447 5,447 137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 16,892 34,892 ADVANA for ADA [18,000] 138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION 679 679 140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 32,254 32,254 142 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS) 5,500 5,500 143 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 7,148 7,148 144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 113,895 113,895 146 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS 3,991 3,991 149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 2,227 2,227 150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION 20,246 20,246 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 548,687 566,687 MANAGEMENT SUPPORT 151 0603829J JOINT CAPABILITY EXPERIMENTATION 8,444 8,444 152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 7,508 7,508 153 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 7,859 7,859 154 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 550,140 550,140 155 0604942D8Z ASSESSMENTS AND EVALUATIONS 17,980 17,980 156 0605001E MISSION SUPPORT 73,145 73,145 157 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 71,410 71,410 159 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 52,671 52,671 161 0605142D8Z SYSTEMS ENGINEERING 40,030 40,030 162 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 4,612 4,612 163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 14,429 14,429 164 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 4,759 4,759 165 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) 1,952 1,952 166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 110,503 110,503 172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER 3,639 3,639 173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 25,889 63,889 Regional secure computing enclave pilot [38,000] 174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 39,774 257,774 ISR & information operations [10,000] PNT modernization—signals of opportunity [140,000] Spectrum innovation—low SWaP-C directional sources [68,000] 175 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 61,453 61,453 176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 18,762 18,762 177 0605804D8Z DEVELOPMENT TEST AND EVALUATION 27,366 27,366 178 0605898E MANAGEMENT HQ—R&D 12,740 12,740 179 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 3,549 3,549 180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 15,438 15,438 181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS 2,897 2,897 182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT 918 918 183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY POLICY 31,638 31,638 184 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 2,925 2,925 185 0204571J JOINT STAFF ANALYTICAL SUPPORT 977 977 186 0208045K C4I INTEROPERABILITY 55,361 60,361 Joint warfighting network architecture [5,000] 189 0303140SE INFORMATION SYSTEMS SECURITY PROGRAM 853 853 191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) 969 969 192 0305172K COMBINED ADVANCED APPLICATIONS 15,696 15,696 194 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,073 3,073 197 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA 29,530 29,530 198 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI) 689 689 199 0901598C MANAGEMENT HQ—MDA 24,102 24,102 200 0903235K JOINT SERVICE PROVIDER (JSP) 2,645 2,645 999 9999999999 CLASSIFIED PROGRAMS 37,520 37,520 SUBTOTAL MANAGEMENT SUPPORT 1,383,845 1,644,845 OPERATIONAL SYSTEMS DEVELOPMENT 202 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 5,355 5,355 203 0604532K JOINT ARTIFICIAL INTELLIGENCE 10,033 67,833 JAIC for ADA [57,800] 206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 58,189 149,689 Accelerated training in defense manufacturing (ATDM) pilot [10,000] Carbon/carbon industrial base enhancement [6,000] Demonstration program on domestic production of rare earth elements from coal byproducts [3,000] Digital manufacturing [1,500] Directed energy supply chain assurance [2,000] Industrial skills training [2,500] Machine and advanced manufacturing—IACMI [20,000] Program increase [20,000] Radar resiliency [2,500] Rare earth element separation technologies [4,000] Submarine construction workforce training pipeline [20,000] 207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT 18,721 18,721 208 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 7,398 7,398 209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 58,261 58,261 215 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 16,233 16,233 216 0303126K LONG-HAUL COMMUNICATIONS—DCS 10,275 10,275 217 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 4,892 4,892 218 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) 83,751 83,751 219 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 49,191 69,191 Workforce transformation cyber initiative pilot program [20,000] 220 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 423,745 535,845 Additional cybersecurity support for the defense industrial base [25,000] Hardening DOD networks [12,100] JFHQ DODIN staffing and tools [50,000] Pilot program on public-private partnership with internet ecosystem companies [25,000] 221 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 5,707 5,707 222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 4,150 4,150 223 0303153K DEFENSE SPECTRUM ORGANIZATION 19,302 19,302 224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) 9,342 9,342 226 0303430V FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY 15,326 15,326 232 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES 8,800 8,800 235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 3,820 3,820 237 0305186D8Z POLICY R&D PROGRAMS 4,843 4,843 238 0305199D8Z NET CENTRICITY 13,471 13,471 240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,994 5,994 247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 1,273 1,273 255 0708012K LOGISTICS SUPPORT ACTIVITIES 1,690 1,690 256 0708012S PACIFIC DISASTER CENTERS 1,799 1,799 257 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM 6,390 6,390 259 1105219BB MQ–9 UAV 19,065 19,065 261 1160403BB AVIATION SYSTEMS 173,537 173,537 262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 32,766 32,766 263 1160408BB OPERATIONAL ENHANCEMENTS 145,830 167,230 Program increase—AISUM [21,400] 264 1160431BB WARRIOR SYSTEMS 78,592 82,803 SOCOM UFR—Maritime scalable effects acceleration [4,211] 265 1160432BB SPECIAL PROGRAMS 6,486 6,486 266 1160434BB UNMANNED ISR 18,006 18,006 267 1160480BB SOF TACTICAL VEHICLES 7,703 7,703 268 1160483BB MARITIME SYSTEMS 58,430 58,430 270 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE 10,990 10,990 999 9999999999 CLASSIFIED PROGRAMS 5,208,029 5,208,029 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,607,385 6,914,396 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED 272 0604532K JOINT ARTIFICIAL INTELLIGENCE 186,639 186,639 273 0608197V NATIONAL BACKGROUND INVESTIGATION SERVICES—SOFTWARE PILOT PROGRAM 123,570 123,570 274 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM 18,307 18,307 275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 32,774 32,774 276 0308588D8Z ALGORITHMIC WARFARE CROSS FUNCTIONAL TEAMS—SOFTWARE PILOT PROGRAM 247,452 283,452 MAVEN for ADA [36,000] SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 608,742 644,742 SUBTOTAL UNDISTRIBUTED 36,000 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 25,857,875 28,784,404 OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 001 0605118OTE OPERATIONAL TEST AND EVALUATION 105,394 105,394 002 0605131OTE LIVE FIRE TEST AND EVALUATION 68,549 68,549 003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 42,648 62,648 Joint Test and Evaluation restoration [20,000] SUBTOTAL MANAGEMENT SUPPORT 216,591 236,591 TOTAL OPERATIONAL TEST & EVAL, DEFENSE 216,591 236,591 TOTAL RDT&E 111,964,192 117,729,317 4301. Operation and maintenance SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) Line Item FY 2022 Request Conference Authorized OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS 3,563,856 3,528,856 Unjustified growth [–35,000] 020 MODULAR SUPPORT BRIGADES 142,082 142,082 030 ECHELONS ABOVE BRIGADE 758,174 758,174 040 THEATER LEVEL ASSETS 2,753,783 2,653,783 Unjustified growth [–100,000] 050 LAND FORCES OPERATIONS SUPPORT 1,110,156 1,110,156 060 AVIATION ASSETS 1,795,522 1,775,522 Unjustified growth [–20,000] 070 FORCE READINESS OPERATIONS SUPPORT 7,442,976 7,652,631 Advanced bomb suit [12,940] Army UFR—Arctic cold weather gloves [13,867] Army UFR—Arctic OCIE [65,050] Army UFR—ECWCS procurement [8,999] Army UFR—Female/small stature body armor [81,750] Army UFR—Garrison Installation Facilities-Related Control Systems (FRCS) [13,071] Army UFR—Heavylift transportation for OIR [33,854] Army UFR—Industrial base special installation control systems [14,824] CENTCOM UFR—Heavylift logistics [40,300] Unjustified growth [–75,000] 080 LAND FORCES SYSTEMS READINESS 580,921 594,921 CENTCOM UFR—COMSAT air time [34,000] Unjustified growth [–20,000] 090 LAND FORCES DEPOT MAINTENANCE 1,257,959 1,346,976 Army UFR—Tactical Combat Vehicle Repair Cycle Float [89,017] 100 MEDICAL READINESS 1,102,964 1,102,964 110 BASE OPERATIONS SUPPORT 8,878,603 8,868,603 Program decrease [–10,000] 120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,051,869 4,534,869 Program increase—FSRM [483,000] 130 MANAGEMENT AND OPERATIONAL HEADQUARTERS 289,891 289,891 140 ADDITIONAL ACTIVITIES 526,517 526,517 160 RESET 397,196 392,196 Unjustified growth [–5,000] 170 US AFRICA COMMAND 384,791 518,337 AFRICOM UFR—Commercial SATCOM [16,500] AFRICOM UFR—ISR improvements [67,000] Army UFR—MQ–9 COCO Support to AFRICOM [50,046] 180 US EUROPEAN COMMAND 293,932 335,910 EUCOM UFR—Information Operations [26,765] EUCOM UFR—Mission Partner Environment [15,213] 190 US SOUTHERN COMMAND 196,726 196,726 200 US FORCES KOREA 67,052 67,052 210 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 621,836 654,751 Army UFR—Critical infrastructure risk management cyber resiliency mitigations [13,630] Army UFR—MRCT / Cyber I&W / Ops Cell [4,655] Army UFR—Security Operations Center as a Service (SOCaaS) [14,630] 220 CYBERSPACE ACTIVITIES—CYBERSECURITY 629,437 726,176 Army UFR—C-SCRM supplier vetting and equipment inspection [1,200] Army UFR—Cybersecurity control systems assessments [89,889] Army UFR—Cyber-Supply Chain Risk Mgmt (C-SCRM) program [2,750] Army UFR—Defensive cyber sensors [2,900] SUBTOTAL OPERATING FORCES 36,846,243 37,777,093 MOBILIZATION 230 STRATEGIC MOBILITY 353,967 353,967 240 ARMY PREPOSITIONED STOCKS 381,192 381,192 250 INDUSTRIAL PREPAREDNESS 3,810 3,810 SUBTOTAL MOBILIZATION 738,969 738,969 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 163,568 163,568 270 RECRUIT TRAINING 75,140 75,140 280 ONE STATION UNIT TRAINING 81,274 81,274 290 SENIOR RESERVE OFFICERS TRAINING CORPS 520,973 520,973 300 SPECIALIZED SKILL TRAINING 998,869 998,869 310 FLIGHT TRAINING 1,309,556 1,309,556 320 PROFESSIONAL DEVELOPMENT EDUCATION 218,651 218,651 330 TRAINING SUPPORT 616,380 629,480 Army UFR—ATRRS Modernization [18,100] Unjustified growth [–5,000] 340 RECRUITING AND ADVERTISING 683,569 684,963 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,394] 350 EXAMINING 169,442 169,442 360 OFF-DUTY AND VOLUNTARY EDUCATION 214,923 231,078 Army UFR—Tuition assistance [16,155] 370 CIVILIAN EDUCATION AND TRAINING 220,589 220,589 380 JUNIOR RESERVE OFFICER TRAINING CORPS 187,569 187,569 SUBTOTAL TRAINING AND RECRUITING 5,460,503 5,491,152 ADMIN & SRVWIDE ACTIVITIES 400 SERVICEWIDE TRANSPORTATION 684,562 672,562 Unjustified growth [–12,000] 410 CENTRAL SUPPLY ACTIVITIES 808,895 808,895 420 LOGISTIC SUPPORT ACTIVITIES 767,053 796,157 Army UFR—AMC LITeS [29,104] 430 AMMUNITION MANAGEMENT 469,038 469,038 440 ADMINISTRATION 488,535 484,535 Unjustified growth [–4,000] 450 SERVICEWIDE COMMUNICATIONS 1,952,742 2,007,462 Army UFR—CHRA IT Cloud [5,300] Army UFR—ERP convergence/modernization [49,420] 460 MANPOWER MANAGEMENT 323,273 323,273 470 OTHER PERSONNEL SUPPORT 663,602 694,670 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,393] Army UFR—HR cloud and IT modernization [29,675] 480 OTHER SERVICE SUPPORT 2,004,981 2,031,364 Program increase—DFAS unfunded requirement [49,983] Unjustified growth [–23,600] 490 ARMY CLAIMS ACTIVITIES 180,178 180,178 500 REAL ESTATE MANAGEMENT 269,009 272,509 Program increase—real estate inventory tool [3,500] 510 FINANCIAL MANAGEMENT AND AUDIT READINESS 437,940 437,940 520 INTERNATIONAL MILITARY HEADQUARTERS 482,571 482,571 530 MISC. SUPPORT OF OTHER NATIONS 29,670 29,670 9999 CLASSIFIED PROGRAMS 2,008,633 2,026,633 SOUTHCOM UFR—Additional traditional ISR operations [18,000] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 11,570,682 11,717,457 UNDISTRIBUTED 998 UNDISTRIBUTED –125,000 Historical unobligated balances [–125,000] SUBTOTAL UNDISTRIBUTED –125,000 TOTAL OPERATION & MAINTENANCE, ARMY 54,616,397 55,599,671 OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MODULAR SUPPORT BRIGADES 10,465 10,465 020 ECHELONS ABOVE BRIGADE 554,992 554,992 030 THEATER LEVEL ASSETS 120,892 120,892 040 LAND FORCES OPERATIONS SUPPORT 597,718 597,718 050 AVIATION ASSETS 111,095 111,095 060 FORCE READINESS OPERATIONS SUPPORT 385,506 385,506 070 LAND FORCES SYSTEMS READINESS 98,021 98,021 080 LAND FORCES DEPOT MAINTENANCE 34,368 34,368 090 BASE OPERATIONS SUPPORT 584,513 584,513 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 342,433 342,433 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS 22,472 22,472 120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 2,764 2,764 130 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,476 7,476 SUBTOTAL OPERATING FORCES 2,872,715 2,872,715 ADMIN & SRVWD ACTIVITIES 140 SERVICEWIDE TRANSPORTATION 15,400 15,400 150 ADMINISTRATION 19,611 19,611 160 SERVICEWIDE COMMUNICATIONS 37,458 37,458 170 MANPOWER MANAGEMENT 7,162 7,162 180 RECRUITING AND ADVERTISING 48,289 48,289 SUBTOTAL ADMIN & SRVWD ACTIVITIES 127,920 127,920 UNDISTRIBUTED 998 UNDISTRIBUTED –10,000 Historical unobligated balances [–10,000] SUBTOTAL UNDISTRIBUTED –10,000 TOTAL OPERATION & MAINTENANCE, ARMY RES 3,000,635 2,990,635 OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS 799,854 799,854 020 MODULAR SUPPORT BRIGADES 211,561 211,561 030 ECHELONS ABOVE BRIGADE 835,709 835,709 040 THEATER LEVEL ASSETS 101,179 101,179 050 LAND FORCES OPERATIONS SUPPORT 34,436 34,436 060 AVIATION ASSETS 1,110,416 1,100,416 Unjustified growth [–10,000] 070 FORCE READINESS OPERATIONS SUPPORT 704,827 709,927 CNGB UFR—Weapons of Mass Destruction Civil Support Teams Equipment Sustainment [5,100] 080 LAND FORCES SYSTEMS READINESS 47,886 47,886 090 LAND FORCES DEPOT MAINTENANCE 244,439 244,439 100 BASE OPERATIONS SUPPORT 1,097,960 1,097,960 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 956,988 956,988 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 1,047,870 1,047,870 130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 8,071 8,071 140 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,828 7,828 SUBTOTAL OPERATING FORCES 7,209,024 7,204,124 ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION 8,017 8,017 160 ADMINISTRATION 76,993 81,993 Program increase—State Partnership Program [5,000] 170 SERVICEWIDE COMMUNICATIONS 101,113 101,113 180 MANPOWER MANAGEMENT 8,920 8,920 190 OTHER PERSONNEL SUPPORT 240,292 240,292 200 REAL ESTATE MANAGEMENT 2,850 2,850 SUBTOTAL ADMIN & SRVWD ACTIVITIES 438,185 443,185 UNDISTRIBUTED 998 UNDISTRIBUTED –40,000 Historical unobligated balances [–40,000] SUBTOTAL UNDISTRIBUTED –40,000 TOTAL OPERATION & MAINTENANCE, ARNG 7,647,209 7,607,309 AFGHANISTAN SECURITY FORCES FUND AFGHAN NATIONAL ARMY 010 SUSTAINMENT 1,053,668 0 Program reduction [–1,053,668] 020 INFRASTRUCTURE 1,818 0 Program reduction [–1,818] 030 EQUIPMENT AND TRANSPORTATION 22,911 0 Program reduction [–22,911] 040 TRAINING AND OPERATIONS 31,837 0 Program reduction [–31,837] SUBTOTAL AFGHAN NATIONAL ARMY 1,110,234 0 AFGHAN NATIONAL POLICE 050 SUSTAINMENT 440,628 0 Program reduction [–440,628] 070 EQUIPMENT AND TRANSPORTATION 38,551 0 Program reduction [–38,551] 080 TRAINING AND OPERATIONS 38,152 0 Program reduction [–38,152] SUBTOTAL AFGHAN NATIONAL POLICE 517,331 0 AFGHAN AIR FORCE 090 SUSTAINMENT 562,056 0 Program reduction [–562,056] 110 EQUIPMENT AND TRANSPORTATION 26,600 0 Program reduction [–26,600] 120 TRAINING AND OPERATIONS 169,684 0 Program reduction [–169,684] SUBTOTAL AFGHAN AIR FORCE 758,340 0 AFGHAN SPECIAL SECURITY FORCES 130 SUSTAINMENT 685,176 0 Program reduction [–685,176] 150 EQUIPMENT AND TRANSPORTATION 78,962 0 Program reduction [–78,962] 160 TRAINING AND OPERATIONS 177,767 0 Program reduction [–177,767] SUBTOTAL AFGHAN SPECIAL SECURITY FORCES 941,905 0 TOTAL AFGHANISTAN SECURITY FORCES FUND 3,327,810 0 COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 010 IRAQ 345,000 345,000 020 SYRIA 177,000 177,000 SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 522,000 522,000 TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 522,000 522,000 OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 6,264,654 6,545,054 Navy UFR—Flying hour program - fleet operations [280,400] 020 FLEET AIR TRAINING 2,465,007 2,465,007 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 55,140 55,140 040 AIR OPERATIONS AND SAFETY SUPPORT 197,904 197,904 050 AIR SYSTEMS SUPPORT 1,005,932 1,005,932 060 AIRCRAFT DEPOT MAINTENANCE 1,675,356 1,897,556 Navy UFR—Additional aircraft depot maintenance events [222,200] 070 AIRCRAFT DEPOT OPERATIONS SUPPORT 65,518 65,518 080 AVIATION LOGISTICS 1,460,546 1,460,546 090 MISSION AND OTHER SHIP OPERATIONS 5,858,028 5,893,028 Navy UFR—Resilient Communications and PNT for Combat Logistics Fleet (CLF) [29,000] Navy UFR—Submarine Tender Overhaul [42,000] Unjustified growth [–36,000] 100 SHIP OPERATIONS SUPPORT & TRAINING 1,154,696 1,154,696 110 SHIP DEPOT MAINTENANCE 10,300,078 10,514,878 Navy UFR—A–120 availability [39,800] Retained cruisers [135,000] USS Connecticut emergent repairs [40,000] 120 SHIP DEPOT OPERATIONS SUPPORT 2,188,454 2,188,454 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 1,551,846 1,551,846 140 SPACE SYSTEMS AND SURVEILLANCE 327,251 327,251 150 WARFARE TACTICS 798,082 798,082 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 447,486 447,486 170 COMBAT SUPPORT FORCES 2,250,756 2,282,856 CENTCOM UFR—Naval patrol craft support [47,100] Unjustified growth [–15,000] 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 192,968 192,968 190 COMBATANT COMMANDERS CORE OPERATIONS 61,614 61,614 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 198,596 445,596 INDOPACOM UFR—Critical HQ manpower positions [4,620] INDOPACOM UFR—ISR augmentation [41,000] INDOPACOM UFR—Multi-Domain Training and Experimentation Capability [59,410] Program increase—INDOPACOM Future fusion centers [3,300] Program increase—INDOPACOM Mission Partner Environment [50,170] Program increase—INDOPACOM Pacific Movement Coordination Center [500] Program increase—INDOPACOM Wargaming analytical tools [88,000] 210 MILITARY INFORMATION SUPPORT OPERATIONS 8,984 36,984 Program increase—INDOPACOM Military Information Support Operations [28,000] 220 CYBERSPACE ACTIVITIES 565,926 560,926 Identity, credentialing, and access management reduction [–5,000] 230 FLEET BALLISTIC MISSILE 1,476,247 1,476,247 240 WEAPONS MAINTENANCE 1,538,743 1,513,743 Historical underexecution [–25,000] 250 OTHER WEAPON SYSTEMS SUPPORT 592,357 592,357 260 ENTERPRISE INFORMATION 734,970 690,970 Unjustified growth [–44,000] 270 SUSTAINMENT, RESTORATION AND MODERNIZATION 2,961,937 3,511,937 Program increase—FSRM [550,000] 280 BASE OPERATING SUPPORT 4,826,314 4,816,314 Program decrease [–10,000] SUBTOTAL OPERATING FORCES 51,225,390 52,750,890 MOBILIZATION 290 SHIP PREPOSITIONING AND SURGE 457,015 457,015 300 READY RESERVE FORCE 645,522 645,522 310 SHIP ACTIVATIONS/INACTIVATIONS 353,530 349,030 Historical underexecution [–4,500] 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS 149,384 149,384 330 COAST GUARD SUPPORT 20,639 20,639 SUBTOTAL MOBILIZATION 1,626,090 1,621,590 TRAINING AND RECRUITING 340 OFFICER ACQUISITION 172,913 172,913 350 RECRUIT TRAINING 13,813 13,813 360 RESERVE OFFICERS TRAINING CORPS 167,152 167,152 370 SPECIALIZED SKILL TRAINING 1,053,104 1,053,104 380 PROFESSIONAL DEVELOPMENT EDUCATION 311,209 311,209 390 TRAINING SUPPORT 306,302 306,302 400 RECRUITING AND ADVERTISING 205,219 205,219 410 OFF-DUTY AND VOLUNTARY EDUCATION 79,053 79,053 420 CIVILIAN EDUCATION AND TRAINING 109,754 109,754 430 JUNIOR ROTC 57,323 57,323 SUBTOTAL TRAINING AND RECRUITING 2,475,842 2,475,842 ADMIN & SRVWD ACTIVITIES 440 ADMINISTRATION 1,268,961 1,290,961 Program increase—Naval Audit Service [25,000] Unjustified growth [–3,000] 450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 212,952 212,952 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 562,546 562,546 470 MEDICAL ACTIVITIES 285,436 285,436 480 SERVICEWIDE TRANSPORTATION 217,782 217,782 500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT 479,480 479,480 510 ACQUISITION, LOGISTICS, AND OVERSIGHT 741,045 741,045 520 INVESTIGATIVE AND SECURITY SERVICES 738,187 736,687 Unjustified growth [–1,500] 9999 CLASSIFIED PROGRAMS 607,517 603,477 Classified adjustment [–4,040] SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,113,906 5,130,366 UNDISTRIBUTED 998 UNDISTRIBUTED –58,000 Historical unobligated balances [–58,000] SUBTOTAL UNDISTRIBUTED –58,000 TOTAL OPERATION & MAINTENANCE, NAVY 60,441,228 61,920,688 OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES 1,587,456 1,632,756 Marine Corps UFR—Plate Carrier Gen III [45,300] 020 FIELD LOGISTICS 1,532,630 1,527,630 Unjustified growth [–5,000] 030 DEPOT MAINTENANCE 215,949 215,949 040 MARITIME PREPOSITIONING 107,969 107,969 050 CYBERSPACE ACTIVITIES 233,486 233,486 060 SUSTAINMENT, RESTORATION & MODERNIZATION 1,221,117 1,354,117 Program increase—FSRM [133,000] 070 BASE OPERATING SUPPORT 2,563,278 2,560,278 Unjustified growth [–3,000] SUBTOTAL OPERATING FORCES 7,461,885 7,632,185 TRAINING AND RECRUITING 080 RECRUIT TRAINING 24,729 24,729 090 OFFICER ACQUISITION 1,208 1,208 100 SPECIALIZED SKILL TRAINING 110,752 110,752 110 PROFESSIONAL DEVELOPMENT EDUCATION 61,539 61,539 120 TRAINING SUPPORT 490,975 490,975 130 RECRUITING AND ADVERTISING 223,643 223,643 140 OFF-DUTY AND VOLUNTARY EDUCATION 49,369 49,369 150 JUNIOR ROTC 26,065 26,065 SUBTOTAL TRAINING AND RECRUITING 988,280 988,280 ADMIN & SRVWD ACTIVITIES 160 SERVICEWIDE TRANSPORTATION 100,475 100,475 170 ADMINISTRATION 410,729 410,729 9999 CLASSIFIED PROGRAMS 63,422 63,422 SUBTOTAL ADMIN & SRVWD ACTIVITIES 574,626 574,626 UNDISTRIBUTED 998 UNDISTRIBUTED –10,000 Historical unobligated balances [–10,000] SUBTOTAL UNDISTRIBUTED –10,000 TOTAL OPERATION & MAINTENANCE, MARINE CORPS 9,024,791 9,185,091 OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 628,522 628,522 020 INTERMEDIATE MAINTENANCE 9,593 9,593 030 AIRCRAFT DEPOT MAINTENANCE 135,280 135,280 040 AIRCRAFT DEPOT OPERATIONS SUPPORT 497 497 050 AVIATION LOGISTICS 29,435 29,435 070 COMBAT COMMUNICATIONS 18,469 18,469 080 COMBAT SUPPORT FORCES 136,710 136,710 090 CYBERSPACE ACTIVITIES 440 440 100 ENTERPRISE INFORMATION 26,628 26,628 110 SUSTAINMENT, RESTORATION AND MODERNIZATION 42,311 42,311 120 BASE OPERATING SUPPORT 103,606 103,606 SUBTOTAL OPERATING FORCES 1,131,491 1,131,491 ADMIN & SRVWD ACTIVITIES 130 ADMINISTRATION 1,943 1,943 140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 12,191 12,191 150 ACQUISITION AND PROGRAM MANAGEMENT 3,073 3,073 SUBTOTAL ADMIN & SRVWD ACTIVITIES 17,207 17,207 UNDISTRIBUTED 998 UNDISTRIBUTED –2,500 Historical unobligated balances [–2,500] SUBTOTAL UNDISTRIBUTED –2,500 TOTAL OPERATION & MAINTENANCE, NAVY RES 1,148,698 1,146,198 OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES 102,271 148,171 Marine Corps UFR—Individual combat clothing and equipment [45,900] 020 DEPOT MAINTENANCE 16,811 16,811 030 SUSTAINMENT, RESTORATION AND MODERNIZATION 42,702 42,702 040 BASE OPERATING SUPPORT 109,210 109,210 SUBTOTAL OPERATING FORCES 270,994 316,894 ADMIN & SRVWD ACTIVITIES 050 ADMINISTRATION 14,056 14,056 SUBTOTAL ADMIN & SRVWD ACTIVITIES 14,056 14,056 TOTAL OPERATION & MAINTENANCE, MC RESERVE 285,050 330,950 OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES 706,860 680,530 A–10 aircraft retention [1,670] Unjustified growth [–28,000] 020 COMBAT ENHANCEMENT FORCES 2,382,448 2,346,948 CENTCOM—MQ–9 combat lines [53,000] EUCOM UFR—Air base air defense operations center [1,500] Unjustified growth [–90,000] 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,555,320 1,542,750 A–10 aircraft retention [12,430] Contract adversary air [5,000] Unjustified growth [–30,000] 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 3,661,762 3,707,337 A–10 aircraft retention [65,575] Unjustified growth [–20,000] 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 3,867,114 4,342,114 Program increase—FSRM [475,000] 060 CYBERSPACE SUSTAINMENT 179,568 179,568 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 8,457,653 8,784,538 A–10 aircraft retention [15,885] A–10/F–35 contract maintenance [156,000] Program increase—F–35 sustainment [185,000] Unjustified growth [–30,000] 080 FLYING HOUR PROGRAM 5,646,730 5,699,590 A–10 aircraft retention [52,860] 090 BASE SUPPORT 9,846,037 9,776,037 Unjustified growth [–70,000] 100 GLOBAL C3I AND EARLY WARNING 979,705 988,905 EUCOM—MPE air component battle network [9,200] 110 OTHER COMBAT OPS SPT PROGRAMS 1,418,515 1,399,625 EUCOM UFR—Air base air defense [110] Unjustified growth [–19,000] 120 CYBERSPACE ACTIVITIES 864,761 864,761 150 SPACE CONTROL SYSTEMS 13,223 13,223 160 US NORTHCOM/NORAD 196,774 196,774 170 US STRATCOM 475,015 475,015 180 US CYBERCOM 389,663 416,163 CYBERCOM UFR—Acceleration of cyber intelligence [3,200] Program increase—cyber training [23,300] 190 US CENTCOM 372,354 386,354 CENTCOM UFR—MISO program [24,000] Unjustified growth—OSC-I [–10,000] 200 US SOCOM 28,733 28,733 220 CENTCOM CYBERSPACE SUSTAINMENT 1,289 1,289 230 USSPACECOM 272,601 282,601 SPACECOM UFR—Bridging space protection gaps [10,000] 9999 CLASSIFIED PROGRAMS 1,454,383 1,454,383 SUBTOTAL OPERATING FORCES 42,770,508 43,567,238 MOBILIZATION 240 AIRLIFT OPERATIONS 2,422,784 2,397,784 Unjustified growth [–25,000] 250 MOBILIZATION PREPAREDNESS 667,851 667,851 SUBTOTAL MOBILIZATION 3,090,635 3,065,635 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 156,193 156,193 270 RECRUIT TRAINING 26,072 26,072 280 RESERVE OFFICERS TRAINING CORPS (ROTC) 127,693 127,693 290 SPECIALIZED SKILL TRAINING 491,286 481,286 Unjustified growth [–10,000] 300 FLIGHT TRAINING 718,742 718,742 310 PROFESSIONAL DEVELOPMENT EDUCATION 302,092 302,092 320 TRAINING SUPPORT 162,165 162,165 330 RECRUITING AND ADVERTISING 171,339 171,339 340 EXAMINING 8,178 8,178 350 OFF-DUTY AND VOLUNTARY EDUCATION 236,760 236,760 360 CIVILIAN EDUCATION AND TRAINING 306,602 306,602 370 JUNIOR ROTC 65,940 65,940 SUBTOTAL TRAINING AND RECRUITING 2,773,062 2,763,062 ADMIN & SRVWD ACTIVITIES 380 LOGISTICS OPERATIONS 1,062,709 1,062,709 390 TECHNICAL SUPPORT ACTIVITIES 169,957 169,957 400 ADMINISTRATION 1,005,827 987,327 Unjustified growth [–18,500] 410 SERVICEWIDE COMMUNICATIONS 31,054 31,054 420 OTHER SERVICEWIDE ACTIVITIES 1,470,757 1,470,757 430 CIVIL AIR PATROL 29,128 47,300 Program increase [18,172] 450 INTERNATIONAL SUPPORT 81,118 81,118 9999 CLASSIFIED PROGRAMS 1,391,720 1,391,428 Classified adjustment [–292] SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,242,270 5,241,650 UNDISTRIBUTED 998 UNDISTRIBUTED –150,000 Historical unobligated balances [–150,000] SUBTOTAL UNDISTRIBUTED –150,000 TOTAL OPERATION & MAINTENANCE, AIR FORCE 53,876,475 54,487,585 OPERATION & MAINTENANCE, SPACE FORCE OPERATING FORCES 010 GLOBAL C3I & EARLY WARNING 495,615 495,615 020 SPACE LAUNCH OPERATIONS 185,700 185,700 030 SPACE OPERATIONS 611,269 611,269 040 EDUCATION & TRAINING 22,887 22,887 060 DEPOT MAINTENANCE 280,165 306,165 Program increase—weapon system sustainment [26,000] 070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 213,347 279,647 Space Force UFR—FSRM Cheyenne Mountain Complex [66,300] 080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT 1,158,707 1,246,707 Program increase—weapon system sustainment [94,000] Unjustified growth [–6,000] 090 SPACE OPERATIONS -BOS 143,520 143,520 9999 CLASSIFIED PROGRAMS 172,755 172,755 SUBTOTAL OPERATING FORCES 3,283,965 3,464,265 ADMINISTRATION AND SERVICE WIDE ACTIVITIES 100 ADMINISTRATION 156,747 146,747 Unjustified growth [–10,000] SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES 156,747 146,747 TOTAL OPERATION & MAINTENANCE, SPACE FORCE 3,440,712 3,611,012 OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES 1,665,015 1,636,015 Unjustified growth [–29,000] 020 MISSION SUPPORT OPERATIONS 179,486 179,486 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 530,540 530,540 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 114,987 123,987 Program increase—FSRM [9,000] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 254,831 254,831 060 BASE SUPPORT 470,801 470,801 070 CYBERSPACE ACTIVITIES 1,372 1,372 SUBTOTAL OPERATING FORCES 3,217,032 3,197,032 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 080 ADMINISTRATION 91,289 91,289 090 RECRUITING AND ADVERTISING 23,181 23,181 100 MILITARY MANPOWER AND PERS MGMT (ARPC) 13,966 13,966 110 OTHER PERS SUPPORT (DISABILITY COMP) 6,196 6,196 120 AUDIOVISUAL 442 442 SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 135,074 135,074 UNDISTRIBUTED 998 UNDISTRIBUTED –18,000 Historical unobligated balances [–18,000] SUBTOTAL UNDISTRIBUTED –18,000 TOTAL OPERATION & MAINTENANCE, AF RESERVE 3,352,106 3,314,106 OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS 2,281,432 2,281,432 020 MISSION SUPPORT OPERATIONS 582,848 588,748 CNGB UFR—HRF/CERFP sustainment [5,900] 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,241,318 1,226,318 Unjustified growth [–15,000] 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 353,193 379,193 Program increase—FSRM [26,000] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,077,654 1,067,654 Unjustified growth [–10,000] 060 BASE SUPPORT 908,198 908,198 070 CYBERSPACE SUSTAINMENT 23,895 23,895 080 CYBERSPACE ACTIVITIES 17,263 17,263 SUBTOTAL OPERATING FORCES 6,485,801 6,492,701 ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 090 ADMINISTRATION 46,455 46,455 100 RECRUITING AND ADVERTISING 41,764 41,764 SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 88,219 88,219 UNDISTRIBUTED 998 UNDISTRIBUTED –15,000 Historical unobligated balances [–15,000] SUBTOTAL UNDISTRIBUTED –15,000 TOTAL OPERATION & MAINTENANCE, ANG 6,574,020 6,565,920 OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF 407,240 402,240 Unjustified growth [–5,000] 020 JOINT CHIEFS OF STAFF—CE2T2 554,634 607,734 AFRICOM UFR—Joint Exercise Program [18,000] INDOPACOM UFR—Joint Exercise Program [35,100] 030 JOINT CHIEFS OF STAFF—CYBER 8,098 8,098 050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES 2,044,479 2,047,789 SOCOM—Armored ground mobility systems (AGMS) acceleration [3,310] 060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES 45,851 45,851 070 SPECIAL OPERATIONS COMMAND INTELLIGENCE 1,614,757 1,614,757 080 SPECIAL OPERATIONS COMMAND MAINTENANCE 1,081,869 1,088,210 SOCOM UFR—Modernized forward look sonar [900] SOCOM UFR—Personal signature management acceleration [5,441] 090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS 180,042 180,042 100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT 1,202,060 1,202,060 110 SPECIAL OPERATIONS COMMAND THEATER FORCES 3,175,789 3,175,789 SUBTOTAL OPERATING FORCES 10,314,819 10,372,570 TRAINING AND RECRUITING 130 DEFENSE ACQUISITION UNIVERSITY 171,607 171,607 140 JOINT CHIEFS OF STAFF 92,905 92,905 150 PROFESSIONAL DEVELOPMENT EDUCATION 31,669 31,669 SUBTOTAL TRAINING AND RECRUITING 296,181 296,181 ADMIN & SRVWIDE ACTIVITIES 170 CIVIL MILITARY PROGRAMS 137,311 264,592 Program increase—National Guard Youth Challenge [85,281] Program increase—STARBASE [42,000] 190 DEFENSE CONTRACT AUDIT AGENCY 618,526 606,526 Unjustified growth [–12,000] 200 DEFENSE CONTRACT AUDIT AGENCY—CYBER 3,984 3,984 220 DEFENSE CONTRACT MANAGEMENT AGENCY 1,438,296 1,435,796 Unjustified growth [–2,500] 230 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER 11,999 11,999 240 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY 941,488 931,488 Unjustified growth [–10,000] 260 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER 9,859 9,859 270 DEFENSE HUMAN RESOURCES ACTIVITY 816,168 881,168 DHRA/DSPO—support FY2021 congressional increases [5,000] DHRA/SAPRO—FY2021 baseline restoral [60,000] 280 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER 17,655 17,655 290 DEFENSE INFORMATION SYSTEMS AGENCY 1,913,734 1,934,769 milCloud 2.0 migration [21,035] 310 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER 530,278 612,378 Program increase—hardening DOD networks [62,100] Program increase—securing the Department of Defense Information Network [20,000] 350 DEFENSE LEGAL SERVICES AGENCY 229,498 229,498 360 DEFENSE LOGISTICS AGENCY 402,864 407,664 Program increase—Procurement Technical Assistance Program [4,800] 370 DEFENSE MEDIA ACTIVITY 222,655 222,655 380 DEFENSE PERSONNEL ACCOUNTING AGENCY 130,174 155,174 DPAA (POW/MIA)—support FY2021 congressional increases [25,000] 390 DEFENSE SECURITY COOPERATION AGENCY 2,067,446 1,922,157 Program increase [104,711] Transfer to Ukraine Security Assistance [–250,000] 420 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 39,305 39,305 440 DEFENSE THREAT REDUCTION AGENCY 885,749 885,749 460 DEFENSE THREAT REDUCTION AGENCY—CYBER 36,736 36,736 470 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 3,138,345 3,208,345 Program increase—Impact Aid [50,000] Program increase—Impact Aid for children with severe disabilities [20,000] 490 MISSILE DEFENSE AGENCY 502,450 502,450 530 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION—OSD 89,686 104,686 Program increase—Defense Community Infrastructure Program [15,000] 540 OFFICE OF THE SECRETARY OF DEFENSE 1,766,614 1,844,114 Bien Hoa dioxin cleanup [15,000] Cost Assessment Data Enterprise [3,500] Military working dog pilot program [10,000] National Commission on Synthetic Biology [10,000] Office of the Secretary of Defense civilian workforce [9,000] Personnel in the Office of Assistant Secretary of Defense Sustainment and Environment, Safety, and Occupational Health [3,000] Program increase—Afghanistan War Commission [5,000] Program increase—CDC water contamination study and assessment [15,000] Program increase—Commission on Planning, Programming, Budgeting, and Execution Reform [5,000] Program increase—Commission on the National Defense Strategy [5,000] Program increase—Commission on the Strategic Posture of the U.S. [7,000] Unjustified growth—non-pay [–10,000] 550 OFFICE OF THE SECRETARY OF DEFENSE—CYBER 32,851 32,851 560 SPACE DEVELOPMENT AGENCY 53,851 53,851 570 WASHINGTON HEADQUARTERS SERVICES 369,698 364,698 Unjustified growth [–5,000] 999 CLASSIFIED PROGRAMS 17,900,146 17,833,213 Classified adjustment [–66,933] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 34,307,366 34,553,360 UNDISTRIBUTED 998 UNDISTRIBUTED 490,304 Depot capital investment [500,000] Program reduction—SOCOM unjustified increase in management and headquarters expenses [–9,696] SUBTOTAL UNDISTRIBUTED 490,304 TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 44,918,366 45,712,415 MISCELLANEOUS APPROPRIATIONS US COURT OF APPEALS FOR THE ARMED FORCES, DEF 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 15,589 15,589 SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF 15,589 15,589 TOTAL MISCELLANEOUS APPROPRIATIONS 15,589 15,589 MISCELLANEOUS APPROPRIATIONS OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 110,051 150,051 Program increase [40,000] SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 110,051 150,051 TOTAL MISCELLANEOUS APPROPRIATIONS 110,051 150,051 MISCELLANEOUS APPROPRIATIONS COOPERATIVE THREAT REDUCTION ACCOUNT 010 COOPERATIVE THREAT REDUCTION 239,849 344,849 Program increase—Biological Threat Reduction Program [105,000] SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT 239,849 344,849 TOTAL MISCELLANEOUS APPROPRIATIONS 239,849 344,849 MISCELLANEOUS APPROPRIATIONS ACQUISITION WORKFORCE DEVELOPMENT 010 ACQ WORKFORCE DEV FD 54,679 54,679 SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 54,679 54,679 TOTAL MISCELLANEOUS APPROPRIATIONS 54,679 54,679 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, ARMY 050 ENVIRONMENTAL RESTORATION, ARMY 200,806 299,606 Program increase for PFAS [98,800] SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY 200,806 299,606 TOTAL MISCELLANEOUS APPROPRIATIONS 200,806 299,606 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, NAVY 060 ENVIRONMENTAL RESTORATION, NAVY 298,250 465,550 Program increase for PFAS [167,300] SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY 298,250 465,550 TOTAL MISCELLANEOUS APPROPRIATIONS 298,250 465,550 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, AIR FORCE 070 ENVIRONMENTAL RESTORATION, AIR FORCE 301,768 476,768 Program increase for PFAS [175,000] SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE 301,768 476,768 TOTAL MISCELLANEOUS APPROPRIATIONS 301,768 476,768 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, DEFENSE 080 ENVIRONMENTAL RESTORATION, DEFENSE 8,783 10,979 Program increase [2,196] SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE 8,783 10,979 TOTAL MISCELLANEOUS APPROPRIATIONS 8,783 10,979 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION FORMERLY USED SITES 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 218,580 292,580 Program increase for PFAS [74,000] SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES 218,580 292,580 TOTAL MISCELLANEOUS APPROPRIATIONS 218,580 292,580 UKRAINE SECURITY ASSISTANCE UKRAINE SECURITY ASSISTANCE 010 UKRAINE SECURITY ASSISTANCE 300,000 Program increase [50,000] Transfer from Defense Security Cooperation Agency [250,000] TOTAL UKRAINE SECURITY ASSISTANCE 300,000 TOTAL OPERATION & MAINTENANCE 253,623,852 255,404,231 4401. Military personnel SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) Item FY 2022 Request Conference Authorized Military Personnel Appropriations 157,947,920 157,567,460 ARNG CBRN Response Forces Readiness [9,200] Manpower costs associated with retaining two cruisers [45,000] A–10/F–35 Active duty maintainers [93,000] Military personnel historical underexecution [–527,660] Medicare-Eligible Retiree Health Care Fund Contributions 9,337,175 9,337,175 TOTAL, Military Personnel 167,285,095 166,904,635 4501. Other authorizations SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) Program Title FY 2022 Request Conference Authorized WORKING CAPITAL FUND, ARMY ARMY ARSENALS INITIATIVE 26,935 26,935 ARMY SUPPLY MANAGEMENT 357,776 357,776 TOTAL WORKING CAPITAL FUND, ARMY 384,711 384,711 WORKING CAPITAL FUND, NAVY SUPPLY MANAGEMENT—NAVY 150,000 150,000 TOTAL WORKING CAPITAL FUND, NAVY 150,000 150,000 WORKING CAPITAL FUND, AIR FORCE SUPPLY MANAGEMENT 77,453 77,453 TOTAL WORKING CAPITAL FUND, AIR FORCE 77,453 77,453 WORKING CAPITAL FUND, DEFENSE-WIDE ENERGY MANAGEMENT—DEFENSE 40,000 40,000 SUPPLY CHAIN MANAGEMENT—DEFENSE 87,765 87,765 TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 127,765 127,765 WORKING CAPITAL FUND, DECA COMMISSARY OPERATIONS 1,162,071 1,162,071 TOTAL WORKING CAPITAL FUND, DECA 1,162,071 1,162,071 CHEM AGENTS & MUNITIONS DESTRUCTION CHEM DEMILITARIZATION—O&M 93,121 93,121 CHEM DEMILITARIZATION—RDT&E 1,001,231 1,001,231 TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION 1,094,352 1,094,352 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF COUNTER-NARCOTICS SUPPORT 593,250 593,250 DRUG DEMAND REDUCTION PROGRAM 126,024 126,024 NATIONAL GUARD COUNTER-DRUG PROGRAM 96,970 96,970 NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,664 5,664 TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 821,908 821,908 OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL 434,700 434,700 OFFICE OF THE INSPECTOR GENERAL—CYBER 1,218 1,218 OFFICE OF THE INSPECTOR GENERAL—RDTE 2,365 2,365 OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT 80 80 TOTAL OFFICE OF THE INSPECTOR GENERAL 438,363 438,363 DEFENSE HEALTH PROGRAM IN-HOUSE CARE 9,720,004 9,587,742 Assumptions for care [–27,800] Excess funding for capability replacement [–104,462] PRIVATE SECTOR CARE 18,092,679 18,068,879 Unjustified support services growth [–23,800] CONSOLIDATED HEALTH SUPPORT 1,541,122 1,556,522 Assumptions for care [–14,600] Program increase: Anomalous health incidents care capacity [30,000] INFORMATION MANAGEMENT 2,233,677 2,233,677 MANAGEMENT ACTIVITIES 335,138 335,138 EDUCATION AND TRAINING 333,234 333,234 BASE OPERATIONS/COMMUNICATIONS 1,926,865 1,921,865 Program decrease [–5,000] R&D RESEARCH 9,091 9,091 R&D EXPLORATRY DEVELOPMENT 75,463 75,463 R&D ADVANCED DEVELOPMENT 235,556 235,556 R&D DEMONSTRATION/VALIDATION 142,252 142,252 R&D ENGINEERING DEVELOPMENT 101,054 101,054 R&D MANAGEMENT AND SUPPORT 49,645 49,645 R&D CAPABILITIES ENHANCEMENT 17,619 17,619 UNDISTRIBUTED RDT&E 12,500 Combat triple negative breast cancer [10,000] Post-traumatic stress disorder [2,500] PROC INITIAL OUTFITTING 20,926 20,926 PROC REPLACEMENT & MODERNIZATION 250,366 250,366 PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER 72,302 72,302 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION 435,414 435,414 TOTAL DEFENSE HEALTH PROGRAM 35,592,407 35,459,245 TOTAL OTHER AUTHORIZATIONS 39,849,030 39,715,868 4601. Military construction SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Account State/Country and Installation Project Title FY 2022 Request Conference Authorized Alabama Army Fort Rucker AIT Barracks Complex 0 66,000 Army Redstone Arsenal Propulsion Systems Lab 55,000 55,000 Belgium Army Shape Headquarters Command and Control Facility 16,000 16,000 California Army Fort Irwin Simulations Center 52,000 52,000 Georgia Army Fort Gordon Cyber Center of Excellence School Headquarters and Classrooms (P&D) 0 3,670 Army Fort Gordon Cyber Instructional Fac (Admin/Cmd), Inc. 2 69,000 69,000 Army Fort Stewart Barracks 0 105,000 Germany Army East Camp Grafenwoehr EDI: Barracks and Dining Facility 103,000 103,000 Army Smith Barracks Indoor Small Arms Range 17,500 17,500 Army Smith Barracks Live Fire Exercise Shoothouse 16,000 16,000 Hawaii Army Fort Shafter Ctc—Command and Control Facility 0 55,000 Army Wheeler Army Airfield Rotary Wing Parking Apron 0 56,000 Army Wheeler Army Airfield Aviation Unit OPS Building 0 84,000 Army West Loch Nav Mag Annex Ammunition Storage 51,000 51,000 Kansas Army Fort Leavenworth Child Development Center 0 34,000 Kentucky Army Fort Knox Child Development Center 0 27,000 Louisiana Army Fort Polk Joint Operations Center 55,000 55,000 Army Fort Polk Barracks 0 56,000 Maryland Army Aberdeen Proving Ground Moving Target Simulator (Combat Systems Simulation Laboratory) 0 0 Army Fort Detrick Medical Waste Incinerator 0 23,981 Army Fort Detrick USAMRMC Headquarters 0 0 Army Fort Meade Barracks 81,000 81,000 Mississippi Army Engineer Research and Development Center Communications Center 0 0 Army Engineer Research and Development Center Rtd&e (Risk Lab) 0 0 Missouri Army Fort Leonard Wood Advanced Individual Training Battalion Complex (P&D) 0 4,000 New Jersey Army Picatinny Arsenal Igloo Storage, Installation 0 0 New Mexico Army White Sands Missile Range Missile Assembly Support Facility 0 29,000 New York Army Fort Hamilton Information Systems Facility 26,000 26,000 Army West Point Military Reservation Ctc—Engineering Center 0 17,200 Army Watervliet Arsenal Access Control Point 20,000 20,000 Pennsylvania Army Letterkenny Army Depot Fire Station 21,000 21,000 South Carolina Army Fort Jackson Reception Barracks Complex, Ph2, Inc. 2 34,000 34,000 Army Fort Jackson Ctc- Reception Barracks, Ph1 0 21,000 Texas Army Camp Bullis Ctc- Vehicle Maintenance Shop 0 16,400 Army Fort Hood Barracks 0 61,000 Army Fort Hood Barracks 0 69,000 Virginia Army Joint Base Langley-Eustis AIT Barracks Complex, Ph4 0 16,000 Worldwide Classified Army Classified Location Forward Operating Site 31,000 31,000 Worldwide Unspecified Army Unspecified Worldwide Locations Host Nation Support 27,000 27,000 Army Unspecified Worldwide Locations Minor Construction 35,543 35,543 Army Unspecified Worldwide Locations Planning and Design 124,649 134,649 Army Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 45,000 Army Worldwide Various Locations Cost to Complete—Unspecified Minor Construction 0 69,000 Military Construction, Army Total 834,692 1,727,943 Arizona Navy Marine Corps Air Station Yuma Combat Training Tank Complex 0 29,300 Navy Marine Corps Air Station Yuma Bachelor Enlisted Quarters 0 0 California Navy Marine Corps Base Camp Pendleton I MEF Consolidated Information Center Inc. 19,869 19,869 Navy Marine Corps Base Camp Pendleton Warehouse Replacement 0 22,200 Navy Marine Corps Base Camp Pendleton Basilone Road Realignment 0 0 Navy Marine Corps Air Station Miramar F–35 Centralized Engine Repair Facility 0 31,400 Navy Marine Corps Air Station Miramar Aircraft Maintenance Hangar 0 185,991 Navy Naval Air Station Lemoore F–35C Hangar 6 Phase 2 (Mod 3/4) Inc. 75,070 50,000 Navy Marine Corps Air Ground Combat Center Cost to Complete—Wastewater Treatment Plant 0 45,000 Navy Naval Base Ventura County Combat Vehicle Maintenance Facility 0 48,700 Navy Naval Base Ventura County MQ–25 Aircraft Maintenance Hangar 0 125,291 Navy Naval Base Coronado CMV–22B Aircraft Maintenance Hangar 0 63,600 Navy Marine Corps Base Camp Pendleton CLB MEU Complex 0 83,900 Navy Marine Corps Reserve Depot San Diego Recruit Mess Hall Replacement 0 93,700 Navy Naval Information Warfare Center Pacific Reconfigurable Cyber Laboratory 0 0 Navy Naval Weapons Station Seal Beach Missile Magazines Inc. 10,840 10,840 Navy Naval Base San Diego Pier 6 Replacement Inc. 50,000 50,000 Navy San Nicholas Island Directed Energy Weapons Test Facilities 19,907 19,907 District of Columbia Navy Naval Research Laboratory Electromagnetic & Cyber Countermeasures Laboratory 0 0 Navy Naval Research Laboratory Biomolecular Science & Synthetic Biology Laboratory 0 0 El Salvador Navy Cooperative Security Location Comalapa Hangar and Ramp Expansion 0 0 Florida Navy Naval Air Station Jacksonville Planning and Design for Lighterage and Small Craft 0 7,000 Navy Naval Surface Warfare Center Panama City Division Unmanned Vehicle Littoral Combat Space 0 0 Navy Naval Surface Warfare Center Panama City Division Mine Warfare RDT&E Facility 0 0 Navy Naval Undersea Warfare Center Panama City Division AUTEC Pier Facility 1902 0 37,980 Navy Marine Corps Support Facility Blount Island Lighterage and Small Craft Facility 0 69,400 Navy Naval Undersea Warfare Center Panama City Division Array Calibration Facility 0 0 Greece Navy Naval Support Activity Souda Bay EDI: Joint Mobility Processing Center 41,650 41,650 Guam Navy Andersen Air Force Base Aviation Admin Building 50,890 50,890 Navy Joint Region Marianas 4th Marines Regiment Facilities 109,507 65,000 Navy Joint Region Marianas Bachelor Enlisted Quarters H Inc. 43,200 43,200 Navy Joint Region Marianas Combat Logistics Batallion–4 Facility 92,710 49,710 Navy Joint Region Marianas Consolidated Armory 43,470 43,470 Navy Joint Region Marianas Infantry Battalion Company HQ 44,100 44,100 Navy Joint Region Marianas Joint Communication Upgrade Inc. 84,000 84,000 Navy Joint Region Marianas Marine Expeditionary Brigade Enablers 66,830 66,830 Navy Joint Region Marianas Principal End Item (PEI) Warehouse 47,110 47,110 Navy Joint Region Marianas X-Ray Wharf Berth 2 103,800 51,900 Hawaii Navy Marine Corps Training Area Bellows Perimeter Security Fence 0 6,220 Navy Marine Corps Base Kaneohe Bachelor Enlisted Quarters, Ph 2 Inc, 0 101,200 Navy Marine Corps Base Kaneohe Electrical Distribution Modernization 0 64,500 Indiana Navy Naval Surface Warfare Center Crane Division Strategic Systems Engineering & Hardware Assurance Center 0 0 Navy Naval Surface Warfare Center Crane Division Corporate Operations and Training Center 0 0 Navy Naval Surface Warfare Center Crane Division Anti-Ship Missile Defense Life Cycle Integration and Test Center 0 0 Japan Navy Fleet Activities Yokosuka Pier 5 (Berths 2 and 3) Inc. 15,292 15,292 Navy Fleet Activities Yokosuka Ship Handling & Combat Training Facilities 49,900 49,900 Maine Navy Naval Support Activity Cutler Firehouse (P&D) 0 2,500 Navy Portsmouth Naval Shipyard Multi-Mission Drydock #1 Extension Inc. 250,000 250,000 Navy Portsmouth Naval Shipyard Multi-Mission Drydock #1 Extension Inc.—Navy #1 Ufr 0 0 Maryland Navy Naval Air Station Patuxent River Planning and Design for Aircraft Prototyping Facility, Ph 3 0 1,500 Navy Naval Air Warfare Center Aircraft Division Aircraft Prototyping Facility, Ph 3 0 0 Navy Naval Air Warfare Center Aircraft Division Rotary Wing T&E Hangar Replacement 0 0 Navy Naval Surface Warfare Center Carderock Division Ship Systems Design & Integration Facility 0 0 Navy Naval Surface Warfare Center Carderock Division ARD Range Craft Berthing Facility 0 0 Navy Naval Surface Warfare Center Carderock Division Navy Combatant Craft Laboratory 0 0 Navy Naval Surface Warfare Center Indian Head Planning and Design for Contained Burn Facility 0 1,500 Navy Naval Surface Warfare Center Indian Head Energetic Systems and Technology Laboratory Complex, Ph 2 0 0 Navy Naval Surface Warfare Center Indian Head Contained Burn Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetic Chemical Scale-up Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetics Prototyping Facility 0 0 Navy Naval Surface Warfare Center Indian Head Energetic Systems and Technology Laboratory Complex, Ph 3 0 0 Nevada Navy Naval Air Station Fallon Training Range Land Acquisition—Ph 2 48,250 0 North Carolina Navy Marine Corps Base Camp Lejeune Cost to Complete—Water Treatment Plant Replacement Hadnot Pt 0 64,200 Navy Marine Corps Base Camp Lejeune II MEF Operations Center Replacement Inc. 42,200 42,200 Navy Marine Corps Air Station Cherry Point Aircraft Maintenance Hangar 207,897 57,897 Navy Marine Corps Air Station Cherry Point F–35 Flightline Utilities Modernization Ph 2 113,520 30,000 Navy Marine Corps Air Station Cherry Point F–35 Joint Strike Fighter Sustainment Center (P–993) (P&D) 0 10,000 Navy Marine Corps Air Station Cherry Point Ctc—ATC Tower and Airfield Operations 0 18,700 Navy Marine Corps Air Station New River Maintenance Hangar (P&D) 0 13,300 Navy Marine Corps Air Station New River Aircraft Maintenance Hangar Addition/Alteration (P&D) 0 2,700 Pennsylvania Navy Naval Surface Warfare Center Philadelphia Division Machinery Control Development Center 0 77,290 Navy Naval Surface Warfare Center Philadelphia Division Machinery Integration Lab, Ph 1 0 0 Navy Naval Surface Warfare Center Philadelphia Division Power & Energy Tech Systems Integration Lab 0 0 Poland Navy Redzikowo AEGIS Ashore Barracks Planning and Design 0 Rhode Island Navy Naval Station Newport Next Generation Torpedo Integration Lab (P&D) 0 1,200 Navy Naval Station Newport Submarine Payloads Integration Laboratory (P&D) 0 1,400 Navy Naval Station Newport Consolidated RDT&E Systems Facility (P&D) 0 1,700 Navy Naval Station Newport Next Generation Secure Submarine Platform Facility (P&D) 0 4,000 Navy Naval Undersea Warfare Center Newport Division Next Generation Secure Submarine Platform Facility 0 0 Navy Naval Undersea Warfare Center Newport Division Next Generation Torpedo Integration Lab 0 0 Navy Naval Undersea Warfare Center Newport Division Submarine Payloads Integration Facility 0 0 Navy Naval Undersea Warfare Center Newport Division Consolidation RDT&E Systems Facility 0 0 South Carolina Navy Marine Corps Air Station Beaufort Instrument Landing System 0 3,000 Navy Marine Corps Air Station Beaufort F–35 Operational Support Facility 0 4,700 Navy Marine Corps Air Station Beaufort Ctc—Recycling/Hazardous Waste Facility 0 5,000 Navy Marine Corps Air Station Beaufort Aircraft Maintenance Hangar 0 122,600 Navy Marine Corps Reserve Depot Parris Island Entry Control Facility 0 6,000 Spain Navy Naval Station Rota EDI: Explosive Ordnance Disposal (EOD) Mobile Unit Facilities 0 85,600 Texas Navy Naval Air Station Kingsville Planning and Design for Fire Rescue Safety Center 0 2,500 Virginia Navy Naval Station Norfolk CMV–22 Aircraft Maintenance Hangar and Airfield Improvement 0 75,100 Navy Naval Station Norfolk Submarine Pier 3 Inc. 88,923 43,923 Navy Naval Surface Warfare Center Dahlgren Division Cyber Threat & Weapon Systems Engineering Complex 0 0 Navy Naval Surface Warfare Center Dahlgren Division High Powered Electric Weapons Laboratory 0 0 Navy Norfolk Naval Shipyard Dry Dock Saltwater System for CVN–78 156,380 30,000 Navy Marine Corps Base Quantico Vehicle Inspection and Visitor Control Center 42,850 42,850 Navy Marine Corps Base Quantico Wargaming Center Inc. 30,500 30,500 Navy Naval Weapons Station Yorktown Navy Munitions Command (Nmc) Ordnance Facilities Recap, Phase 2 0 93,500 Worldwide Unspecified Navy Unspecified Worldwide Locations Planning and Design 363,252 413,252 Navy Unspecified Worldwide Locations Shipyard Investment Optimization Program 0 225,000 Navy Unspecified Worldwide Locations Shipyard Investment Optimization Program—Planning and Design 0 62,820 Navy Unspecified Worldwide Locations Unspecified Minor Construction 56,435 56,435 Navy Worldwide Various Locations PDI: Planning and Design Unfunded Requirement 0 68,200 Navy Worldwide Various Locations Unspecified Minor Construction 0 75,000 Navy Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 50,000 Military Construction, Navy Total 2,368,352 3,895,117 Alaska AF Eielson Air Force Base Contaminated Soil Removal 0 44,850 AF Joint Base Elmendorf-Richardson Extend Runway 16/34, Inc. 1 79,000 79,000 Arizona AF Davis-Monthan Air Force Base South Wilmot Gate 13,400 13,400 AF Luke Air Force Base F–35A ADAL AMU Facility Squadron #6 28,000 28,000 AF Luke Air Force Base F–35A Squadron Operations Facility #6 21,000 21,000 Australia AF Royal Australian Air Force Base Darwin Squadron Operations Facility 7,400 7,400 AF Royal Australian Air Force Base Tindal Aircraft Maintenance Support Facility 6,200 6,200 AF Royal Australian Air Force Base Tindal Squadron Operations Facility 8,200 8,200 California AF Edwards Air Force Base Flight Test Engineering Lab Complex 4,000 4,000 AF Edwards Air Force Base Upgrade Munitions Complex 0 0 AF Edwards Air Force Base Rocket Engineering, Analysis, and Collaboration Hub (Reach) 0 0 AF Vandenberg Space Force Base GBSD Re-Entry Vehicle Facility 48,000 48,000 AF Vandenberg Space Force Base GBSD Stage Processing Facility 19,000 19,000 Colorado AF Schriever Space Force Base ADAL Fitness Center 0 30,000 AF United States Air Force Academy Add High Bay Vehicle Maintenance 0 4,360 AF United States Air Force Academy Cadet Prep School Dormitory 0 0 District of Columbia AF Joint Base Anacostia Bolling Joint Air Defense Operations Center Ph 2 24,000 24,000 Florida AF Eglin Air Force Base Weapons Technology Integration Center (P&D) 0 40,000 AF Eglin Air Force Base HC-Blackfyre Facilities 0 0 AF Eglin Air Force Base JADC2 & Abms Test Facility 0 0 AF Eglin Air Force Base F–35A Development/Operational Test 2–Bay Hangar (P&D) 0 4,000 AF Eglin Air Force Base Ctc—Advanced Munitions Technology Complex 0 35,000 AF Eglin Air Force Base Integrated Control Facility 0 0 AF Eglin Air Force Base F–35A Development Test 2–Bay MX Hangar 0 0 AF Eglin Air Force Base Flightline Fire Station at Duke Field 0 14,000 Georgia AF Moody Air Force Base 41 Rqs Hh–60w Apron 0 0 Germany AF Spangdahlem Air Base F/a–22 LO/Composite Repair Facility 22,625 22,625 Guam AF Joint Region Marianas Airfield Damage Repair Warehouse 30,000 30,000 AF Joint Region Marianas Hayman Munitions Storage Igloos, MSA2 9,824 9,824 AF Joint Region Marianas Munitions Storage Igloos IV 55,000 55,000 Hawaii AF Maui Experimental Site #3 Secure Integration Support Lab W/ Land Acquisition (P&D) 0 8,800 Hungary AF Kecskemet Air Base EDI: Construct Airfield Upgrades 20,564 20,564 AF Kecskemet Air Base EDI: Construct Parallel Taxiway 38,650 38,650 Italy AF Aviano Air Force Base Area A1 Entry Control Point 0 10,200 Japan AF Kadena Air Base Airfield Damage Repair Storage Facility 38,000 38,000 AF Kadena Air Base Helicopter Rescue OPS Maintenance Hangar 168,000 35,000 AF Kadena Air Base Replace Munitions Structures 26,100 26,100 AF Misawa Air Base Airfield Damage Repair Facility 25,000 25,000 AF Yokota Air Base C–130J Corrosion Control Hangar 67,000 67,000 AF Yokota Air Base Airfield Damage Repair Warehouse 0 39,000 AF Yokota Air Base Construct CATM Facility 25,000 25,000 Louisiana AF Barksdale Air Force Base Weapons Generation Facility, Inc. 1 40,000 40,000 AF Barksdale Air Force Base New Entrance Road and Gate Complex—Ctc 0 36,000 Maryland AF Joint Base Andrews Fire Crash Rescue Station 26,000 26,000 AF Joint Base Andrews Military Working Dog Kennel—Ctc 0 10,000 Massachusetts AF Hanscom Air Force Base NC3 Acquisitions Management Facility 66,000 66,000 Nebraska AF Offutt Air Force Base Replace Trestle F312 0 0 Nevada AF Creech Air Force Base Warrior Fitness Training Center (P&D) 0 2,200 AF Creech Air Force Base Mission Support Facility 0 14,200 New Mexico AF Cannon Air Force Base 192 Bed Dormitory (P&D) 0 5,568 AF Cannon Air Force Base Deployment Processing Center (P&D) 0 5,976 AF Holloman Air Force Base Indoor Target Flip Facility (P&D) 0 2,340 AF Holloman Air Force Base RAMS Indoor Target Flip Facility 0 0 AF Holloman Air Force Base Holloman High Speed Test Track Recapitalization 0 0 AF Holloman Air Force Base ADAL Fabrication Shop 0 0 AF Holloman Air Force Base MQ–9 Formal Training Unit Operations Facility 0 0 AF Kirtland Air Force Base Dedicated Facility for the Space Rapid Capabilities Office (P&D) 0 5,280 AF Kirtland Air Force Base Ctc—Wyoming Gate Antiterrorism Compliance 0 5,600 AF Kirtland Air Force Base Pj/Cro Urban Training Complex (P&D) 0 810 AF Kirtland Air Force Base High Power Electromagnetic (HPEM) Laboratory 0 0 AF Kirtland Air Force Base Laser Effects & Simulation Laboratory 0 0 AF Kirtland Air Force Base ADAL Systems & Engineering Lab 0 0 New Jersey AF Joint Base McGuire-Dix-Lakehurst SFS OPS Confinement Facility (P&D) 0 450 Ohio AF Wright-Patterson Air Force Base Child Development Center 0 24,000 AF Wright-Patterson Air Force Base Human Performance Wing Laboratory 0 0 AF Wright-Patterson Air Force Base Bionatronics Research Center Laboratory 0 0 Oklahoma AF Tinker Air Force Base KC–46A 3–Bay Depot Maintenance Hangar 160,000 60,000 South Carolina AF Joint Base Charleston Flightline Support Facility 0 29,000 AF Joint Base Charleston Fire and Rescue Station 0 30,000 South Dakota AF Ellsworth Air Force Base B–21 2–Bay LO Restoration Facility, Inc. 2 91,000 41,000 AF Ellsworth Air Force Base B–21 ADAL Flight Simulator 24,000 24,000 AF Ellsworth Air Force Base B–21 Field Training Detachment Facility 47,000 47,000 AF Ellsworth Air Force Base B–21 Formal Training Unit/AMU 70,000 70,000 AF Ellsworth Air Force Base B–21 Mission Operations Planning Facility 36,000 36,000 AF Ellsworth Air Force Base B–21 Washrack & Maintenance Hangar 65,000 65,000 Spain AF Moron Air Base EDI-Hot Cargo Pad 8,542 8,542 Tennessee AF Arnold Air Force Base Cooling Water Expansion, Rowland Creek 0 0 AF Arnold Air Force Base Add/Alter Test Cell Delivery Bay 0 14,600 AF Arnold Air Force Base Primary Pumping Station Upgrades 0 0 Texas AF Joint Base San Antonio BMT Recruit Dormitory 7 141,000 40,000 AF Joint Base San Antonio BMT Recruit Dormitory 8, Inc. 3 31,000 31,000 AF Joint Base San Antonio—Fort Sam Houston Child Development Center 0 29,000 AF Joint Base San Antonio—Fort Sam Houston Directed Energy Research Center 0 0 AF Joint Base San Antonio—Lackland Air Force Base Child Development Center 0 29,000 AF Sheppard Air Force Base Child Development Center 20,000 20,000 United Kingdom AF Royal Air Force Fairford EDI: Construct DABS-FEV Storage 94,000 94,000 AF Royal Air Force Lakenheath F–35A Child Development Center 0 24,000 AF Royal Air Force Lakenheath F–35A Munition Inspection Facility 31,000 31,000 AF Royal Air Force Lakenheath F–35 ADAL Conventional Munitions MX 0 4,500 AF Royal Air Force Lakenheath F–35A Weapons Load Training Facility 49,000 49,000 Utah AF Hill Air Force Base GBSD Organic Software Sustainment Ctr, Inc. 2 31,000 31,000 Virginia AF Joint Base Langley-Eustis Fuel Systems Maintenance Dock 0 24,000 Worldwide Unspecified AF Various Worldwide Locations EDI: Planning & Design 648 10,648 AF Various Worldwide Locations PDI: Planning & Design 27,200 47,200 AF Various Worldwide Locations Planning & Design 201,453 201,453 AF Various Worldwide Locations Intelligence, Surveillance, and Reconnaissance Infrastructure Planning and Design 0 20,000 AF Various Worldwide Locations Cost to Complete—Natural Disaster Conus-Based Projects 0 100,000 AF Various Worldwide Locations EDI: UMMC 0 15,000 AF Various Worldwide Locations Unspecified Minor Military Construction 58,884 58,884 AF Worldwide Various Locations Labs and RDT&E Planning and Design Unfunded Requirement 0 75,000 Military Construction, Air Force Total 2,102,690 2,485,424 Alabama Def-Wide Fort Rucker 10 MW RICE Generator Plant and Microgrid Controls 0 24,000 Def-Wide Redstone Arsenal Msic Advanced Analysis Facility Phase 1 (Inc) 0 25,000 Belgium Def-Wide Chievres Air Force Base Europe West District Superintendent's Office 15,000 15,000 California Def-Wide Marine Corps Base Camp Pendleton Veterinary Treatment Facility Replacement 13,600 13,600 Def-Wide Silver Strand Training Complex SOF ATC Operations Support Facility 21,700 21,700 Def-Wide Silver Strand Training Complex SOF NSWG11 Operations Support Facility 12,000 12,000 Def-Wide Marine Corps Air Station Miramar Additional LFG Power Meter Station 0 4,054 Def-Wide Naval Air Weapons Station China Lake Solar Energy Storage System 0 9,120 Def-Wide Naval Amphibious Base Coronado Ctc- SOF Training Command 0 20,500 Colorado Def-Wide Buckley Air Force Base JCC Expansion 20,000 20,000 District of Columbia Def-Wide Joint Base Anacostia-Bolling DIA HQ Cooling Towers and Cond Pumps 0 2,257 Def-Wide Joint Base Anacostia-Bolling PV Carports 0 29,004 Florida Def-Wide MacDill Air Force Base Transmission and Switching Stations 0 22,000 Georgia Def-Wide Fort Benning 4.8 MW Generation and Microgrid 0 17,593 Def-Wide Fort Benning SOF Battalion Headquarters Facility 62,000 62,000 Def-Wide Fort Stewart 10 MW Generation Plant, With Microgrid Controls 0 22,000 Def-Wide Kings Bay Naval Submarine Base Electrical Transmission and Distribution 0 19,314 Germany Def-Wide Ramstein Air Base Ramstein Middle School 93,000 13,000 Guam Def-Wide Polaris Point Submarine Base Inner Apra Harbor Resiliency Upgrades Ph1 0 38,300 Hawaii Def-Wide Hdr-Hawaii Homeland Defense Radar (P&D) 0 9,000 Def-Wide Joint Base Pearl Harbor-Hickam Veterinary Treatment Facility Replacement 29,800 29,800 Idaho Def-Wide Mountain Home Air Force Base Water Treatment Plant and Pump Station 0 33,800 Japan Def-Wide Marine Corps Air Base Iwakuni Fuel Pier 57,700 57,700 Def-Wide Kadena Air Base Operations Support Facility 24,000 24,000 Def-Wide Kadena Air Base Truck Unload Facilities 22,300 22,300 Def-Wide Misawa Air Base Additive Injection Pump and Storage Sys 6,000 6,000 Def-Wide Naval Air Facility Atsugi Smart Grid for Utility and Facility Controls 0 3,810 Def-Wide Yokota Air Base Hangar/AMU 108,253 31,653 Kuwait Def-Wide Camp Arifjan Microgrid Controller, 1.25 MW Solar PV, and 1.5 MWH Battery 0 15,000 Maryland Def-Wide Bethesda Naval Hospital MEDCEN Addition / Alteration, Inc. 5 153,233 153,233 Def-Wide Fort Meade NSAW Mission OPS and Records Center Inc. 1 94,000 94,000 Def-Wide Fort Meade NSAW Recap Building 4, Inc. 1 104,100 104,100 Def-Wide Fort Meade SOF Operations Facility 100,000 75,000 Michigan Def-Wide Camp Grayling 650 KW Gas-Fired Micro-Turbine Generation System 0 5,700 Mississippi Def-Wide Camp Shelby 10 MW Generation Plant an Feeder Level Microgrid System 0 34,500 Def-Wide Camp Shelby Electrical Distribution Infrastructure Undergrounding Hardening Project 0 11,155 Missouri Def-Wide Fort Leonard Wood Hospital Replacement, Inc. 4 160,000 160,000 New Mexico Def-Wide Kirtland Air Force Base Environmental Health Facility Replacement 8,600 8,600 New York Def-Wide Fort Drum Wellfield Expansion Resiliency Project 0 27,000 North Carolina Def-Wide Camp Lejeune Ctc—SOF Motor Transport Maintenance Expansion 0 0 Def-Wide Fort Bragg Ctc—SOF Intelligence Training Center 0 0 Def-Wide Fort Bragg 10 MW Microgrid Utilizing Existing and New Generators 0 19,464 Def-Wide Fort Bragg Emergency Water System 0 7,705 North Dakota Def-Wide Cavalier Air Force Station Pcars Emergency Power Plant Fuel Storage 0 24,150 Ohio Def-Wide Springfield-Beckley Municipal Airport Base-Wide Microgrid With Natural Gas Generator, Photovaltaic, and Battery Storage 0 4,700 Puerto Rico Def-Wide Fort Allen Microgrid Conrol System, 690 KW PV, 275 KW Gen, 570 Kwh Bess 0 12,190 Def-Wide Punta Borinquen Ramey Unit School Replacement 84,000 84,000 Def-Wide Aguadilla Ramey Unit School Microgrid Conrol System, 460 KW PV, 275 KW Generator, 660 Kwh Bess 0 10,120 Tennessee Def-Wide Memphis International Airport PV Arrays and Battery Storage 0 4,780 Texas Def-Wide Joint Base San Antonio Ambulatory Care Center Ph 4 35,000 35,000 United Kingdom Def-Wide Menwith Hill Station Rafmh Main Gate Rehabilitation 20,000 20,000 Def-Wide Royal Air Force Lakenheath Hospital Replacement-Temporary Facilities 19,283 19,283 Virginia Def-Wide Fort Belvoir Veterinary Treatment Facility Replacement 29,800 29,800 Def-Wide Humphries Engineer Center and Support Activity SOF Battalion Operations Facility 0 36,000 Def-Wide Pentagon Consolidated Maintenance Complex (RRMC) 20,000 20,000 Def-Wide Pentagon Force Protection Perimeter Enhancements 8,608 8,608 Def-Wide Pentagon Public Works Support Facility 21,935 21,935 Def-Wide Fort Belvoir, NGA Campus East Led Upgrade Package 0 365 Def-Wide Pentagon, Mark Center, and Raven Rock Mountain Complex Recommisioning of Hvac Systems, Part B 0 2,600 Def-Wide National Geospatial-Intelligence Agency Campus East Electrical System Redundancy 0 5,299 Washington Def-Wide Oak Harbor ACC / Dental Clinic (Oak Harbor) 59,000 59,000 Worldwide Unspecified Def-Wide Unspecified Worldwide Locations DIA Planning and Design 11,000 11,000 Def-Wide Unspecified Worldwide Locations DODEA Planning and Design 13,317 13,317 Def-Wide Unspecified Worldwide Locations DODEA Unspecified Minor Construction 8,000 8,000 Def-Wide Unspecified Worldwide Locations ERCIP Design 40,150 40,150 Def-Wide Unspecified Worldwide Locations Energy Resilience and Conserv. Invest. Prog. 246,600 0 Def-Wide Unspecified Worldwide Locations Exercise Related Minor Construction 5,615 5,615 Def-Wide Unspecified Worldwide Locations MDA Unspecified Minor Construction 4,435 4,435 Def-Wide Unspecified Worldwide Locations NSA Planning and Design 83,840 83,840 Def-Wide Unspecified Worldwide Locations NSA Unspecified Minor Military Construction 12,000 12,000 Def-Wide Unspecified Worldwide Locations Planning and Design 14,194 14,194 Def-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction 21,746 21,746 Def-Wide Unspecified Worldwide Locations TJS Planning and Design 2,000 2,000 Def-Wide Unspecified Worldwide Locations Unspecified Minor Construction 3,000 3,000 Def-Wide Unspecified Worldwide Locations WHS Planning and Design 5,275 5,275 Def-Wide Various Worldwide Locations DHA Planning and Design 35,099 35,099 Def-Wide Various Worldwide Locations DLA Planning and Design 20,862 20,862 Def-Wide Various Worldwide Locations DLA Unspecified Minor Construction 6,668 6,668 Def-Wide Various Worldwide Locations SOCOM Planning and Design 20,576 20,576 Military Construction, Defense-Wide Total 1,957,289 2,029,569 Worldwide Unspecified NATO NATO Security Investment Program NATO Security Investment Program 205,853 205,853 NATO Security Investment Program Total 205,853 205,853 Alabama Army NG Redstone Arsenal National Guard Readiness Center 0 17,000 Alaska Army NG Joint Base Elmendorf-Richardson Planning and Design for National Guard Readiness Center 0 5,000 Connecticut Army NG Connecticut Army National Guard Readiness Center—Putnam National Guard Readiness Center 17,500 17,500 Georgia Army NG Fort Benning Post-Initial Mil. Training Unaccomp. Housing 13,200 13,200 Guam Army NG Guam National Guard Readiness Center Barrigada National Guard Readiness Center Addition 34,000 34,000 Idaho Army NG Jerome National Guard Armory National Guard Readiness Center 15,000 15,000 Illinois Army NG Bloomington National Guard Armory National Guard Vehicle Maintenance Shop 15,000 15,000 Kansas Army NG Nickell Memorial Armory National Guard/Reserve Center Building SCIF (P&D) 0 420 Army NG Nickell Memorial Armory National Guard/Reserve Center Building 16,732 16,732 Louisiana Army NG Camp Minden Training Site Collective Training Unaccompanied Housing 0 13,800 Army NG Lake Charles National Guard Readiness Center National Guard Readiness Center 18,500 18,500 Maine Army NG Saco National Guard Readiness Center National Guard Vehicle Maintenance Shop 21,200 21,200 Michigan Army NG Camp Grayling Military Installation National Guard Readiness Center 0 16,000 Mississippi Army NG Camp Shelby Training Site Maneuver Area Training Equipment Site 0 15,500 Missouri Army NG Aviation Classification Repair Activity Depot Avcrad Aircraft Maintenance Hangar Addition (P&D) 0 3,800 Montana Army NG Butte Military Entrance Training Site National Guard Readiness Center 16,000 16,000 Nebraska Army NG Mead Army National Guard Readiness Center Collective Training Unaccompanied Housing 0 11,000 North Dakota Army NG Dickinson National Guard Armory National Guard Readiness Center 15,500 15,500 South Dakota Army NG Sioux Falls Army National Guard National Guard Readiness Center 0 15,000 Vermont Army NG Ethan Allen Air Force Base Family Readiness Center 0 4,665 Army NG Vermont National Guard Armory National Guard Readiness Center 0 16,900 Virginia Army NG Virginia National Guard Readiness Center Army Aviation Support Facility (P&D) 0 5,805 Army NG Virginia National Guard Readiness Center Combined Support Maintenance Shop Addition 6,900 6,900 Army NG Virginia National Guard Readiness Center National Guard Readiness Center Addition 6,100 6,100 Worldwide Unspecified Army NG Unspecified Worldwide Locations Planning and Design 22,000 32,000 Army NG Unspecified Worldwide Locations Unspecified Minor Construction 39,471 39,471 Army NG Various Worldwide Locations Army National Guard Transformation Plan 0 0 Military Construction, Army National Guard Total 257,103 391,993 Michigan Army Res Southfield Area Maintenance Support Activity 12,000 12,000 Ohio Army Res Wright-Patterson Air Force Base AR Center Training Building/ UHS 19,000 19,000 Wisconsin Army Res Fort McCoy Transient Training BN HQ 12,200 12,200 Army Res Fort McCoy Transient Training Enlisted Barracks 0 29,200 Army Res Fort McCoy Transient Training Officer Barracks 0 29,200 Army Res Fort McCoy Transient Training Enlisted Barracks 0 0 Worldwide Unspecified Army Res Unspecified Worldwide Locations Planning and Design 7,167 7,167 Army Res Unspecified Worldwide Locations Cost to Complete 0 0 Army Res Unspecified Worldwide Locations Unspecified Minor Military Construction 14,544 14,544 Military Construction, Army Reserve Total 64,911 123,311 Michigan N/MC Res Navy Operational Support Center Battle Creek Reserve Center & Vehicle Maintenance Facility 49,090 49,090 Minnesota N/MC Res Minneapolis Joint Reserve Intelligence Center 14,350 14,350 Worldwide Unspecified N/MC Res Unspecified Worldwide Locations MCNR Planning & Design 1,257 1,257 N/MC Res Unspecified Worldwide Locations MCNR Unspecified Minor Construction 2,359 2,359 N/MC Res Unspecified Worldwide Locations USMCR Planning and Design 4,748 4,748 Military Construction, Naval Reserve Total 71,804 71,804 Alabama Air NG Sumpter Smith Air National Guard Base Security and Services Training Facility 0 7,500 Air NG Montgomery Regional Airport Aircraft Maintenance Facility 0 19,200 Connecticut Air NG Bradley International Airport Composite ASE/Vehicle MX Facility 0 17,000 Delaware Air NG Newcastle Air National Guard Base Fuel Cell/Corrosion Control Hangar 0 17,500 Idaho Air NG Boise Air National Guard Base Gowen Field Medical Training Facility 0 6,500 Illinois Air NG Abraham Lincoln Capital Airport Base Civil Engineering Facility 0 10,200 Massachusetts Air NG Barnes Air National Guard Combined Engine/ASE/NDI Shop 12,200 12,200 Michigan Air NG Alpena County Regional Airport Aircraft Maintenance Hangar/Shops 23,000 23,000 Air NG Selfridge Air National Guard Base a–10 Maintenance Hangar and Shops 0 28,000 Air NG W. K. Kellog Regional Airport Construct Main Base Entrance 10,000 10,000 Mississippi Air NG Jackson International Airport Fire Crash and Rescue Station 9,300 9,300 New York Air NG Francis S. Gabreski Airport Base Civil Engineer Complex 0 14,800 Air NG Schenectady Municipal Airport C–130 Flight Simulator Facility 10,800 10,800 Ohio Air NG Camp Perry Red Horse Logistics Complex 7,800 7,800 South Carolina Air NG Mcentire Joint National Guard Base Hazardous Cargo Pad 0 9,000 Air NG Mcentire Joint National Guard Base F–16 Mission Training Center 9,800 9,800 South Dakota Air NG Joe Foss Field F–16 Mission Training Center 9,800 9,800 Texas Air NG Kelly Field Annex Aircraft Corrosion Control 0 9,500 Washington Air NG Camp Murray Air National Guard Station Air Support Operations Complex 0 27,000 Wisconsin Air NG Truax Field F–35 3–Bay Specialized Hangar 31,000 31,000 Air NG Truax Field Medical Readiness Facility 13,200 13,200 Air NG Volk Combat Readiness Training Center Replace Aircraft Maintenance Hangar/Shops (P&D) 0 2,280 Worldwide Unspecified Air NG Unspecified Worldwide Locations Unspecified Minor Construction 29,068 29,068 Air NG Various Worldwide Locations Planning and Design 18,402 34,402 Wyoming Air NG Cheyenne Municipal Airport Combined Vehicle Maintenance & ASE Complex 13,400 13,400 Military Construction, Air National Guard Total 197,770 382,250 California AF Res Beale Air Force Base 940 ARW SQ OPS &amu Complex 0 33,000 Florida AF Res Homestead Air Force Reserve Base Corrosion Control Facility 14,000 14,000 AF Res Patrick Air Force Base Simulator C–130J 18,500 18,500 Indiana AF Res Grissom Air Reserve Base Logistics Readiness Complex 0 29,000 Minnesota AF Res Minneapolis-St Paul International Airport Mission Support Group Facility 14,000 14,000 New York AF Res Niagara Falls Air Reserve Station Main Gate 10,600 10,600 Ohio AF Res Youngstown Air Reserve Base Assault Runway 0 8,700 Worldwide Unspecified AF Res Worldwide Various Locations KC–46 Mob 5 (P&D) 0 15,000 AF Res Unspecified Worldwide Locations Planning & Design 5,830 5,830 AF Res Unspecified Worldwide Locations Unspecified Minor Military Construction 15,444 15,444 Military Construction, Air Force Reserve Total 78,374 164,074 Italy FH Con Army Vicenza Family Housing New Construction 92,304 92,304 Kwajalein Atoll FH Con Army Kwajalein Atoll Family Housing Replacement Construction 0 10,000 Pennsylvania FH Con Army Tobyhanna Army Depot Ctc- Family Housing Replacement Construction 0 7,500 Puerto Rico FH Con Army Fort Buchanan Ctc- Family Housing Replacement Construction 0 14,000 Worldwide Unspecified FH Con Army Unspecified Worldwide Locations Family Housing P&D 7,545 37,545 Family Housing Construction, Army Total 99,849 161,349 Worldwide Unspecified FH Ops Army Unspecified Worldwide Locations Furnishings 18,077 18,077 FH Ops Army Unspecified Worldwide Locations Housing Privitization Support 38,404 38,404 FH Ops Army Unspecified Worldwide Locations Leasing 128,110 128,110 FH Ops Army Unspecified Worldwide Locations Maintenance 111,181 111,181 FH Ops Army Unspecified Worldwide Locations Management 42,850 42,850 FH Ops Army Unspecified Worldwide Locations Miscellaneous 556 556 FH Ops Army Unspecified Worldwide Locations Services 8,277 8,277 FH Ops Army Unspecified Worldwide Locations Utilities 43,772 43,772 Family Housing Operation And Maintenance, Army Total 391,227 391,227 Worldwide Unspecified FH Con Navy Unspecified Worldwide Locations Construction Improvements 71,884 71,884 FH Con Navy Unspecified Worldwide Locations Planning & Design 3,634 3,634 FH Con Navy Unspecified Worldwide Locations USMC DPRI/Guam Planning and Design 2,098 2,098 Family Housing Construction, Navy And Marine Corps Total 77,616 77,616 Worldwide Unspecified FH Ops Navy Unspecified Worldwide Locations Furnishings 16,537 16,537 FH Ops Navy Unspecified Worldwide Locations Housing Privatization Support 54,544 54,544 FH Ops Navy Unspecified Worldwide Locations Leasing 62,567 62,567 FH Ops Navy Unspecified Worldwide Locations Maintenance 95,417 95,417 FH Ops Navy Unspecified Worldwide Locations Management 54,083 54,083 FH Ops Navy Unspecified Worldwide Locations Miscellaneous 285 285 FH Ops Navy Unspecified Worldwide Locations Services 17,637 17,637 FH Ops Navy Unspecified Worldwide Locations Utilities 56,271 56,271 Family Housing Operation And Maintenance, Navy And Marine Corps Total 357,341 357,341 Georgia FH Con AF Robins Air Force Base Robins 2 MHPI Restructure 6,000 6,000 Nebraska FH Con AF Offutt Air Force Base Offutt MHPI Restructure 50,000 50,000 Worldwide Unspecified FH Con AF Unspecified Worldwide Locations Construction Improvements 49,258 49,258 FH Con AF Unspecified Worldwide Locations Planning & Design 10,458 10,458 Family Housing Construction, Air Force Total 115,716 115,716 Worldwide Unspecified FH Ops AF Unspecified Worldwide Locations Furnishings 26,842 26,842 FH Ops AF Unspecified Worldwide Locations Housing Privatization 23,275 23,275 FH Ops AF Unspecified Worldwide Locations Leasing 9,520 9,520 FH Ops AF Unspecified Worldwide Locations Maintenance 141,754 141,754 FH Ops AF Unspecified Worldwide Locations Management 70,062 70,062 FH Ops AF Unspecified Worldwide Locations Miscellaneous 2,200 2,200 FH Ops AF Unspecified Worldwide Locations Services 8,124 8,124 FH Ops AF Unspecified Worldwide Locations Utilities 43,668 43,668 Family Housing Operation And Maintenance, Air Force Total 325,445 325,445 Worldwide Unspecified FH Ops DW Unspecified Worldwide Locations DIA Furnishings 656 656 FH Ops DW Unspecified Worldwide Locations DIA Leasing 31,430 31,430 FH Ops DW Unspecified Worldwide Locations DIA Utilities 4,166 4,166 FH Ops DW Unspecified Worldwide Locations Maintenance 49 49 FH Ops DW Unspecified Worldwide Locations NSA Furnishings 83 83 FH Ops DW Unspecified Worldwide Locations NSA Leasing 13,387 13,387 FH Ops DW Unspecified Worldwide Locations NSA Utilities 14 14 Family Housing Operation And Maintenance, Defense-Wide Total 49,785 49,785 Worldwide Unspecified FHIF Unspecified Worldwide Locations Administrative Expenses—FHIF 6,081 6,081 Unaccompanied Housing Improvement Fund Total 6,081 6,081 Worldwide Unspecified UHIF Unspecified Worldwide Locations Administrative Expenses—UHIF 494 494 Unaccompanied Housing Improvement Fund Total 494 494 Worldwide Unspecified BRAC Base Realignment & Closure, Army Base Realignment and Closure 65,301 115,301 Base Realignment and Closure—Army Total 65,301 115,301 Worldwide Unspecified BRAC Unspecified Worldwide Locations Base Realignment & Closure 111,155 161,155 Base Realignment and Closure—Navy Total 111,155 161,155 Worldwide Unspecified BRAC Unspecified Worldwide Locations DOD BRAC Activities—Air Force 104,216 104,216 Base Realignment and Closure—Air Force Total 104,216 104,216 Worldwide Unspecified BRAC Unspecified Worldwide Locations Base Realignment and Closure 0 0 BRAC Unspecified Worldwide Locations Int–4: DLA Activities 3,967 3,967 Base Realignment and Closure—Defense-wide Total 3,967 3,967 <bold></bold> <bold></bold> Total, Military Construction 9,847,031 13,347,031 4701. Department of Energy national security programs SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) Program FY 2022 Request Conference Authorized Discretionary Summary by Appropriation Energy and Water Development and Related Agencies Appropriation Summary: Energy Programs Nuclear energy 149,800 149,800 Atomic Energy Defense Activities National Nuclear Security Administration: Weapons activities 15,484,295 15,981,328 Defense nuclear nonproliferation 1,934,000 1,957,000 Naval reactors 1,860,705 1,860,705 Federal Salaries and Expenses 464,000 464,000 Total, National Nuclear Security Administration 19,743,000 20,263,033 Defense environmental cleanup 6,841,670 6,480,759 Defense Uranium Enrichment D&D 0 0 Other defense activities 1,170,000 920,000 Total, Atomic Energy Defense Activities 27,754,670 27,663,792 Total, Discretionary Funding 27,904,470 27,813,592 Nuclear Energy Safeguards and security 149,800 149,800 Total, Nuclear Energy 149,800 149,800 National Nuclear Security Administration Federal Salaries and Expenses Program direction 464,000 464,000 Weapons Activities Stockpile management Stockpile major modernization B61 Life extension program 771,664 771,664 W76–2 Modification program 0 0 W88 Alteration program 207,157 207,157 W80–4 Life extension program 1,080,400 1,080,400 W80–4 ALT SLCM 10,000 10,000 W87–1 Modification Program (formerly IW1) 691,031 691,031 W93 72,000 72,000 Subtotal, Stockpile major modernization 2,832,252 2,832,252 Stockpile sustainment 1,180,483 1,180,483 Weapons dismantlement and disposition 51,000 51,000 Production operations 568,941 568,941 Total, Stockpile management 4,632,676 4,632,676 Production modernization Primary Capability Modernization Plutonium Modernization Los Alamos plutonium modernization Los Alamos Plutonium Operations 660,419 660,419 21–D–512, Plutonium Pit Production Project, LANL 350,000 350,000 Subtotal, Los Alamos plutonium modernization 1,010,419 1,010,419 Savannah River plutonium modernization Savannah River plutonium operations 128,000 128,000 21–D–511, Savannah River Plutonium Processing Facility, SRS 475,000 475,000 Subtotal, Savannah River plutonium modernization 603,000 603,000 Enterprise Plutonium Support 107,098 107,098 Total, Plutonium Modernization 1,720,517 1,720,517 High Explosives & Energetics 68,785 68,785 Total, Primary Capability Modernization 1,789,302 1,789,302 Secondary Capability Modernization 488,097 488,097 Tritium and Domestic Uranium Enrichment 489,017 489,017 Non-Nuclear Capability Modernization 144,563 144,563 Total, Production modernization 2,910,979 2,910,979 Stockpile research, technology, and engineering Assessment science 689,578 769,394 Engineering and integrated assessments 336,766 292,085 Inertial confinement fusion 529,000 580,000 Advanced simulation and computing 747,012 747,012 Weapon technology and manufacturing maturation 292,630 292,630 Academic programs 95,645 101,945 Total, Stockpile research, technology, and engineering 2,690,631 2,783,066 Infrastructure and operations Operating Operations of facilities 1,014,000 1,014,000 Safety and Environmental Operations 165,354 165,354 Maintenance and Repair of Facilities 670,000 1,020,000 Recapitalization Infrastructure and Safety 508,664 508,664 Capabilities Based Investments 143,066 143,066 Planning for Programmatic Construction (Pre-CD–1) 0 0 Subtotal, Recapitalization 651,730 651,730 Total, Operating 2,501,084 2,851,084 Construction Programmatic 22–D–513 Power Sources Capability, SNL 13,827 13,827 21–D–510, HE Synthesis, Formulation, and Production Facility, PX 44,500 36,200 18–D–690, Lithium Processing Facility, Y–12 167,902 167,902 18–D–650, Tritium Finishing Facility, SRS 27,000 27,000 18–D–620, Exascale Computing Facility Modernization Project, LLNL 0 0 17–D–640, U1a Complex Enhancements Project, NNSS 135,000 135,000 15–D–302, TA–55 Reinvestment Project—Phase 3, LANL 27,000 27,000 15–D–301, HE Science & Engineering Facility, PX 0 0 07–D–220-04, Transuranic Liquid Waste Facility, LANL 0 0 06–D–141, Uranium Processing Facility, Y–12 524,000 600,000 04–D–125, Chemistry and Metallurgy Research Replacement Project, LANL 138,123 138,123 Total, Programmatic 1,077,352 1,145,052 Mission enabling 22–D–514 Digital Infrastructure Capability Expansion 8,000 8,000 Total, Mission enabling 8,000 8,000 Total, Construction 1,085,352 1,153,052 Total, Infrastructure and operations 3,586,436 4,004,136 Secure transportation asset Operations and equipment 213,704 213,704 Program direction 117,060 117,060 Total, Secure transportation asset 330,764 330,764 Defense nuclear security Operations and maintenance 824,623 811,521 Security improvements program 0 0 Construction: 17–D–710, West end protected area reduction project, Y–12 23,000 23,000 Subtotal, construction 23,000 23,000 Total, Defense nuclear security 847,623 834,521 Information technology and cybersecurity 406,530 406,530 Legacy contractor pensions 78,656 78,656 Total, Weapons Activities 15,484,295 15,981,328 Adjustments Use of prior year balances 0 0 Total, Adjustments 0 0 Total, Weapons Activities 15,484,295 15,981,328 Defense Nuclear Nonproliferation Defense Nuclear Nonproliferation Programs Material management and minimization Conversion (formerly HEU Reactor Conversion) 100,660 100,660 Nuclear material removal 42,100 42,100 Material disposition 200,186 200,186 Laboratory and partnership support 0 0 Total, Material management & minimization 342,946 342,946 Global material security International nuclear security 79,939 79,939 Domestic radiological security 158,002 158,002 International radiological security 85,000 85,000 Nuclear smuggling detection and deterrence 175,000 185,000 Total, Global material security 497,941 507,941 Nonproliferation and arms control 184,795 184,795 National Technical Nuclear Forensics R&D 45,000 45,000 Defense nuclear nonproliferation R&D Proliferation detection 269,407 269,407 Nonproliferation stewardship program 87,329 100,329 Nuclear detonation detection 271,000 271,000 Nonproliferation fuels development 0 0 Total, Defense Nuclear Nonproliferation R&D 627,736 640,736 Nonproliferation construction U. S. Construction: 18–D–150 Surplus Plutonium Disposition Project 156,000 156,000 99–D–143, Mixed Oxide (MOX) Fuel Fabrication Facility, SRS 0 0 Total, U. S. Construction: 156,000 156,000 Total, Nonproliferation construction 156,000 156,000 Total, Defense Nuclear Nonproliferation Programs 1,854,418 1,877,418 Legacy contractor pensions 38,800 38,800 Nuclear counterterrorism and incident response program Emergency Operations 14,597 14,597 Counterterrorism and Counterproliferation 356,185 356,185 Total, Nuclear counterterrorism and incident response program 370,782 370,782 Subtotal, Defense Nuclear Nonproliferation 2,264,000 2,287,000 Adjustments Use of prior year balances 0 0 Use of prior year MOX funding –330,000 –330,000 Total, Adjustments –330,000 –330,000 Total, Defense Nuclear Nonproliferation 1,934,000 1,957,000 Naval Reactors Naval reactors development 640,684 640,684 Columbia-Class reactor systems development 55,000 55,000 S8G Prototype refueling 126,000 126,000 Naval reactors operations and infrastructure 594,017 594,017 Program direction 55,579 55,579 Construction: 22–D–532 Security Upgrades KL 5,100 5,100 22–D–531 KL Chemistry & Radiological Health Building 41,620 41,620 21–D–530 KL Steam and Condensate Upgrades 0 0 14–D–901, Spent Fuel Handling Recapitalization Project, NRF 348,705 348,705 Total, Construction 395,425 395,425 Use of Prior Year unobligated balances –6,000 –6,000 Total, Naval Reactors 1,860,705 1,860,705 TOTAL, National Nuclear Security Administration 19,743,000 20,263,033 Defense Environmental Cleanup Closure sites administration 3,987 3,987 Richland: River corridor and other cleanup operations 196,000 211,000 Central plateau remediation 689,776 689,776 Richland community and regulatory support 5,121 5,121 18–D–404 Modification of Waste Encapsulation and Storage Facility 8,000 8,000 22–D–401 L–888, 400 Area Fire Station 15,200 15,200 22–D–402 L–897, 200 Area Water Treatment Facility 12,800 12,800 Total, Richland 926,897 941,897 Office of River Protection: Waste Treatment Immobilization Plant Commissioning 50,000 50,000 Rad liquid tank waste stabilization and disposition 817,642 837,642 Construction: 18–D–16 Waste treatment and immobilization plant—LBL/Direct feed LAW 586,000 586,000 01–D–16 D, High-level waste facility 60,000 60,000 01–D–16 E, Pretreatment Facility 20,000 20,000 Total, Construction 666,000 666,000 ORP Low-level waste offsite disposal 7,000 7,000 Total, Office of River Protection 1,540,642 1,560,642 Idaho National Laboratory: Idaho cleanup and waste disposition 358,925 358,925 Idaho community and regulatory support 2,658 2,658 Construction: 22–D–403 Idaho Spent Nuclear Fuel Staging Facility 3,000 3,000 22–D–404 Addl ICDF Landfill Disposal Cell and Evaporation Ponds Project 5,000 5,000 Total, Construction 8,000 8,000 Total, Idaho National Laboratory 369,583 369,583 NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory 1,806 1,806 LLNL Excess facilities D&D 35,000 35,000 Separations Processing Research Unit 15,000 15,000 Nevada Test Site 60,737 60,737 Sandia National Laboratory 4,576 4,576 Los Alamos National Laboratory 275,119 275,119 Los Alamos Excess facilities D&D 58,381 58,381 Total, NNSA sites and Nevada off-sites 450,619 450,619 Oak Ridge Reservation: OR Nuclear facility D&D 274,923 287,316 U233 Disposition Program 55,000 55,000 OR cleanup and waste disposition 73,725 73,725 Construction: 17–D–401 On-site waste disposal facility 12,500 12,500 14–D–403 Outfall 200 Mercury Treatment Facility 0 0 Subtotal, Construction: 12,500 12,500 OR community & regulatory support 5,096 5,096 OR technology development and deployment 3,000 3,000 Total, Oak Ridge Reservation 424,244 436,637 Savannah River Site: Savannah River risk management operations 452,724 454,090 SR legacy pensions 130,882 130,882 SR community and regulatory support 5,805 11,805 Construction: 20-D–402 Advanced Manufacturing Collaborative Facility (AMC) 0 0 20-D–401 Saltstone Disposal Unit #10, 11, 12 19,500 19,500 19–D–701 SR Security systems replacement 5,000 5,000 18–D–402 Saltstone disposal unit #8/9 68,000 68,000 17–D–402 Saltstone Disposal Unit #7 0 0 05–D–405 Salt waste processing facility, SRS 0 0 8–D–402 Emergency Operations Center Replacement, SR 8,999 8,999 Radioactive liquid tank waste stabilization 890,865 890,865 Total, Savannah River Site 1,581,775 1,589,141 Waste Isolation Pilot Plant Waste Isolation Pilot Plant 350,424 350,424 Construction: 15–D–411 Safety significant confinement ventilation system, WIPP 55,000 55,000 15–D–412 Exhaust shaft, WIPP 25,000 25,000 21–D–401 Hoisting Capability Project 0 0 Total, Construction 80,000 80,000 Total, Waste Isolation Pilot Plant 430,424 430,424 Program direction—Defense Environmental Cleanup 293,106 293,106 Program support—Defense Environmental Cleanup 62,979 62,979 Safeguards and Security—Defense Environmental Cleanup 316,744 316,744 Technology development and deployment 25,000 25,000 Federal contribution to the Uranium Enrichment D&D Fund 415,670 0 Use of prior year balances 0 0 Subtotal, Defense environmental cleanup 6,841,670 6,480,759 TOTAL, Defense Environmental Cleanup 6,841,670 6,480,759 Defense Uranium Enrichment D&D 0 0 Other Defense Activities Environment, health, safety and security Environment, health, safety and security mission support 130,809 130,809 Program direction 75,511 75,511 Total, Environment, health, safety and security 206,320 206,320 Independent enterprise assessments Enterprise assessments 27,335 27,335 Program direction—Office of Enterprise Assessments 56,049 56,049 Total, Office of Enterprise Assessments 83,384 83,384 Specialized security activities 283,500 283,500 Office of Legacy Management Legacy management activities—defense 408,797 158,797 Program direction 19,933 19,933 Total, Office of Legacy Management 428,730 178,730 Defense related administrative support 163,710 163,710 Office of hearings and appeals 4,356 4,356 Subtotal, Other defense activities 1,170,000 920,000 Use of prior year balances 0 0 Total, Other Defense Activities 1,170,000 920,000 5001. Short title This division may be cited as the Department of State Authorization Act of 2021. 5002. Definitions In this division: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Department If not otherwise specified, the term Department means the Department of State. (3) Secretary If not otherwise specified, the term Secretary means the Secretary of State. 5101. Sense of Congress on importance of Department of State’s work It is the sense of Congress that— (1) United States global engagement is key to a stable and prosperous world; (2) United States leadership is indispensable in light of the many complex and interconnected threats facing the United States and the world; (3) diplomacy and development are critical tools of national power, and full deployment of these tools is vital to United States national security; (4) challenges such as the global refugee and migration crises, terrorism, historic famine and food insecurity, and fragile or repressive societies cannot be addressed without sustained and robust United States diplomatic and development leadership; (5) the United States Government must use all of the instruments of national security and foreign policy at its disposal to protect United States citizens, promote United States interests and values, and support global stability and prosperity; (6) United States security and prosperity depend on having partners and allies that share our interests and values, and these partnerships are nurtured and our shared interests and values are promoted through United States diplomatic engagement, security cooperation, economic statecraft, and assistance that helps further economic development, good governance, including the rule of law and democratic institutions, and the development of shared responses to natural and humanitarian disasters; (7) as the United States Government agencies primarily charged with conducting diplomacy and development, the Department and the United States Agency for International Development (USAID) require sustained and robust funding to carry out this important work, which is essential to our ability to project United States leadership and values and to advance United States interests around the world; (8) the work of the Department and USAID makes the United States and the world safer and more prosperous by alleviating global poverty and hunger, fighting HIV/AIDS and other infectious diseases, strengthening alliances, expanding educational opportunities for women and girls, promoting good governance and democracy, supporting anti-corruption efforts, driving economic development and trade, preventing armed conflicts and humanitarian crises, and creating American jobs and export opportunities; (9) the Department and USAID are vital national security agencies, whose work is critical to the projection of United States power and leadership worldwide, and without which Americans would be less safe, United States economic power would be diminished, and global stability and prosperity would suffer; (10) investing in diplomacy and development before conflicts break out saves American lives while also being cost-effective; and (11) the contributions of personnel working at the Department and USAID are extraordinarily valuable and allow the United States to maintain its leadership around the world. 5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs (a) In general Section 1(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c) ) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following new paragraph: (3) Assistant Secretary for International Narcotics and Law Enforcement Affairs (A) In general There is authorized to be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs, who shall be responsible to the Secretary of State for all matters, programs, and related activities pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy by the Department, including, as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, and such other related duties as the Secretary may from time to time designate. (B) Areas of responsibility The Assistant Secretary for International Narcotics and Law Enforcement Affairs shall maintain continuous observation and coordination of all matters pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy, including programs carried out by other United States Government agencies when such programs pertain to the following matters: (i) Combating international narcotics production and trafficking. (ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, prison systems, and the sharing of recovered assets. (iii) Training and equipping foreign police, border control, other government officials, and other civilian law enforcement authorities for anti-crime purposes, including ensuring that no foreign security unit or member of such unit shall receive such assistance from the United States Government absent appropriate vetting. (iv) Ensuring the inclusion of human rights and women’s participation issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, and other senior officials in regional and thematic bureaus and offices. (v) Combating, in conjunction with other relevant bureaus of the Department of State and other United States Government agencies, all forms of transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime. (vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes and engaging with multilateral organizations responsible for monitoring and supporting foreign governments’ anti-corruption efforts. (C) Additional duties In addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall also— (i) carry out timely and substantive consultation with chiefs of mission and, as appropriate, the heads of other United States Government agencies to ensure effective coordination of all international narcotics and law enforcement programs carried out overseas by the Department and such other agencies; (ii) coordinate with the Office of National Drug Control Policy to ensure lessons learned from other United States Government agencies are available to the Bureau of International Narcotics and Law Enforcement Affairs of the Department; (iii) develop standard requirements for monitoring and evaluation of Bureau programs, including metrics for success that do not rely solely on the amounts of illegal drugs that are produced or seized; (iv) in coordination with the Secretary of State, annually certify in writing to the Committee on Foreign Relations of the Senate that United States and the Committee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics and Law Enforcement Affairs are complying with section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ); and (v) carry out such other relevant duties as the Secretary may assign. (D) Rule of construction Nothing in this paragraph may be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.. (b) Modification of annual international narcotics control strategy report Subsection (a) of section 489 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h ) is amended by inserting after paragraph (9) the following new paragraph: (10) A separate section that contains an identification of all United States Government-supported units funded by the Bureau of International Narcotics and Law Enforcement Affairs and any Bureau-funded operations by such units in which United States law enforcement personnel have been physically present.. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) by redesignating subsection (g) as subsection (j); and (2) by inserting after subsection (f) the following new subsections: (g) Bureau of Consular Affairs There is in the Department of State the Bureau of Consular Affairs, which shall be headed by the Assistant Secretary of State for Consular Affairs. (h) Bureau of Population, Refugees, and Migration There is in the Department of State the Bureau of Population, Refugees, and Migration, which shall be headed by the Assistant Secretary of State for Population, Refugees, and Migration.. 5104. Office of International Disability Rights (a) Establishment There should be established in the Department of State an Office of International Disability Rights (referred to in this section as the Office ). (b) Duties The Office should— (1) seek to ensure that all United States foreign operations are accessible to, and inclusive of, persons with disabilities; (2) promote the human rights and full participation in international development activities of all persons with disabilities; (3) promote disability inclusive practices and the training of Department of State staff on soliciting quality programs that are fully inclusive of people with disabilities; (4) represent the United States in diplomatic and multilateral fora on matters relevant to the rights of persons with disabilities, and work to raise the profile of disability across a broader range of organizations contributing to international development efforts; (5) conduct regular consultation with civil society organizations working to advance international disability rights and empower persons with disabilities internationally; (6) consult with other relevant offices at the Department that are responsible for drafting annual reports documenting progress on human rights, including, wherever applicable, references to instances of discrimination, prejudice, or abuses of persons with disabilities; (7) advise the Bureau of Human Resources or its equivalent within the Department regarding the hiring and recruitment and overseas practices of civil service employees and Foreign Service officers with disabilities and their family members with chronic medical conditions or disabilities; and (8) carry out such other relevant duties as the Secretary of State may assign. (c) Supervision The Office may be headed by— (1) a senior advisor to the appropriate Assistant Secretary of State; or (2) an officer exercising significant authority who reports to the President or Secretary of State, appointed by and with the advice and consent of the Senate. (d) Consultation The Secretary of State should direct Ambassadors at Large, Representatives, Special Envoys, and coordinators working on human rights to consult with the Office to promote the human rights and full participation in international development activities of all persons with disabilities. 5105. Special appointment authority Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), as amended by section 6103 of this Act, is further amended by inserting after subsection (h) the following new subsection: (i) Special appointments (1) Positions exercising significant authority The President may, by and with the advice and consent of the Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States. Except as provided in paragraph (3) or in clause 3, section 2, article II of the Constitution (relating to recess appointments), an individual may not be designated as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate. (2) Positions not exercising significant authority The President or Secretary of State may appoint any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State not exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate, if the President or Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following: (A) A certification that the position does not require the exercise of significant authority pursuant to the laws of the United States. (B) A description of the duties and purpose of the position. (C) The rationale for giving the specific title and function to the position. (3) Limited exception for temporary appointments exercising significant authority The President may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary of State, not later than 15 days after the appointment of a person to such a position, or 30 days after the date of the enactment of this subsection, whichever is earlier, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification that includes the following: (A) The necessity for conferring such title and function. (B) The dates during which such title and function will be held. (C) The justification for not submitting the proposed conferral of such title and function to the Senate as a nomination for advice and consent to appointment. (D) All relevant information concerning any potential conflict of interest which the proposed recipient of such title and function may have with regard to the appointment. (4) Renewal of temporary appointment The President may renew for one period not to exceed 180 days any position maintained or established under paragraph (3) if the President, not later than 15 days before issuing such renewal, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a detailed justification on the necessity of such extension, including the dates with respect to which such title will continue to be held and the justification for not submitting such title to the Senate as a nomination for advice and consent. (5) Exemption Paragraphs (1) through (4) shall not apply to a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person performing a similar function, regardless of title, at the Department of State if the position is expressly mandated by statute. (6) Effective date This subsection shall apply to appointments made on or after January 3, 2023.. 5106. Repeal of authority for Special Representative and Policy Coordinator for Burma Section 7 of the Tom Lantos Block Burmese Jade (Junta’s Anti-Democratic Efforts) Act of 2008 ( Public Law 110–286 ; 50 U.S.C. 1701 note) relating to the establishment of a Special Representative and Policy Coordinator for Burma) is hereby repealed. 5107. Anti-piracy information sharing The Secretary is authorized to provide for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). 5108. Importance of foreign affairs training to national security (a) Sense of Congress It is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign and Civil Service, require the best possible training at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department’s investment of time and resources with respect to the training and education of its personnel is considerably below the level of other Federal departments and agencies in the national security field, and falls well below the investments many allied and adversarial countries make in the development of their diplomats; (3) the Department faces increasingly complex and rapidly evolving challenges, many of which are science and technology-driven, and which demand the continual, high-quality training and education of its personnel; (4) the Department must move beyond reliance on on-the-job training and other informal mentorship practices, which lead to an inequality in skillset development and career advancement opportunities, often particularly for minority personnel, and towards a robust professional tradecraft training continuum that will provide for greater equality in career advancement and increase minority participation in the senior ranks; (5) the Department’s Foreign Service Institute and other training facilities should seek to substantially increase their educational and training offerings to Department personnel, including developing new and innovative educational and training courses, methods, programs, and opportunities; and (6) consistent with existing Department gift acceptance authority and other applicable laws, the Department and Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Training float Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to the appropriate congressional committees a strategy to establish a training float to allow for up to 15 percent of the Civil and Foreign Service to participate in long-term training at any given time. The strategy should identify steps necessary to ensure the implementation of the training priorities identified in subsection (c), sufficient training capacity and opportunities are available to Civil and Foreign Service officers, the equitable distribution of long-term training opportunities to Civil and Foreign Service officers, and the provision of any additional resources or authorities necessary to facilitate such a training float, including programs at the George P. Schultz National Foreign Affairs Training Center, the Foreign Service Institute, the Foreign Affairs Security Training Center, and other facilities or programs operated by the Department of State. The strategy shall identify which types of training would be prioritized, the extent (if any) to which such training is already being provided to Civil and Foreign Service officers by the Department of State, any factors incentivizing or disincentivizing such training, and why such training cannot be achieved without Civil and Foreign Service officers leaving the workforce. In addition to training opportunities provided by the Department, the strategy shall consider training that could be provided by the other United States Government training institutions, as well as nongovernmental educational institutions. The strategy shall consider approaches to overcome disincentives to pursuing long-term training. (c) Prioritization In order to provide the Civil and Foreign Service with the level of education and training needed to effectively advance United States interests across the globe, the Department of State should— (1) increase its offerings— (A) of virtual instruction to make training more accessible to personnel deployed throughout the world; or (B) at partner organizations to provide useful outside perspectives to Department personnel; (2) offer courses utilizing computer-based or assisted simulations, allowing civilian officers to lead decisionmaking in a crisis environment; and (3) consider increasing the duration and expanding the focus of certain training courses, including— (A) the A-100 orientation course for Foreign Service officers, and (B) the chief of mission course to more accurately reflect the significant responsibilities accompanying such role. (d) Other agency responsibilities Other national security agencies should increase the enrollment of their personnel in courses at the Foreign Service Institute and other Department of State training facilities to promote a whole-of-government approach to mitigating national security challenges. 5109. Classification and assignment of Foreign Service officers The Foreign Service Act of 1980 is amended— (1) in section 501 ( 22 U.S.C. 3981 ), by inserting If a position designated under this section is unfilled for more than 365 calendar days, such position may be filled, as appropriate, on a temporary basis, in accordance with section 309. after Positions designated under this section are excepted from the competitive service. ; and (2) in paragraph (2) of section 502(a) ( 22 U.S.C. 3982(a) ), by inserting , or domestically, in a position working on issues relating to a particular country or geographic area, after geographic area. 5110. Reporting on implementation of GAO recommendations (a) Initial report Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that lists all of the Government Accountability Office’s recommendations relating to the Department that have not been fully implemented. (b) Implementation report (1) In general Not later than 120 days after the date of the submission of the Comptroller General’s report under subsection (b), the Secretary shall submit to the appropriate congressional committees a report that describes the implementation status of each recommendation from the Government Accountability Office included in the report submitted under subsection (a). (2) Justification The report under paragraph (1) shall include— (A) a detailed justification for each decision not to fully implement a recommendation or to implement a recommendation in a different manner than specified by the Government Accountability Office; (B) a timeline for the full implementation of any recommendation the Secretary has decided to adopt, but has not yet fully implemented; and (C) an explanation for any discrepancies included in the Comptroller General report submitted under subsection (b). (c) Form The information required in each report under this section shall be submitted in unclassified form, to the maximum extent practicable, but may be included in a classified annex to the extent necessary. 5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments (a) In general Subsection (e) of section 7 of the Fishermen’s Protective Act of 1967 ( 22 U.S.C. 1977 ) is amended to read as follows: (e) Amounts Payments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts.. (b) Retroactive applicability (1) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply as if the date specified in subsection (e) of section 7 of the Fishermen’s Protective Act of 1967, as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment. (2) Agreements and payments The Secretary is authorized to— (A) enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 for any claims to which such section would otherwise apply but for the date specified in subsection (e) of such section, as in effect on the day before the date of the enactment of this Act; and (B) make payments in accordance with agreements entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act. 5112. Art in embassies (a) In general No funds are authorized to be appropriated for the purchase of any piece of art for the purposes of installation or display in any embassy, consulate, or other foreign mission of the United States if the purchase price of such piece of art is in excess of $37,500, unless such purchase is subject to prior consultation with, and the regular notification procedures of, the appropriate congressional committees. (b) Report Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a report on the costs of the Art in Embassies Program for each of fiscal years 2016 through 2020. (c) Sunset This section shall terminate on the date that is 2 years after the date of the enactment of this Act. (d) Definition In this section, the term art includes paintings, sculptures, photographs, industrial design, and craft art. 5113. International fairs and expositions There is authorized to be appropriated $20,000,000 for the Department of State for United States participation in international fairs and expositions abroad, including for construction and the operation of United States pavilions or other major exhibits. 5114. Amendment or repeal of reporting requirements (a) Burma (1) In general Section 570 of Public Law 104–208 is amended— (A) by amending subsection (c) to read as follows: (c) Multilateral strategy The President shall develop, in coordination with likeminded countries, a comprehensive, multilateral strategy to— (1) support democratic governance and inclusive and representative civilian government, including by supporting entities promoting democracy in Burma and denying legitimacy and resources to the military junta; (2) support organizations that represent the democratic aspirations of the people of Burma in the struggle against the military junta; (3) impose costs on the military junta; (4) secure the unconditional release of all political prisoners in Burma; (5) promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; (6) provide humanitarian assistance to internally displaced persons in Burma, particularly in areas targeted by the military junta, and in neighboring countries for refugees from Burma; (7) pursue accountability for atrocities, human rights violations, and crimes against humanity committed by the military junta or the Tatmadaw; and (8) counter corrosive malign influence of the People’s Republic of China and the Russian Federation in Burma. ; and (B) in subsection (d)— (i) in the matter preceding paragraph (1), by striking six months and inserting year ; and (ii) by striking paragraphs (1) through (3) and inserting the following new paragraphs: (1) progress towards inclusive, democratic governance in Burma; (2) improvements in human rights practices and accountability for atrocities, human rights violations, and crimes against humanity committed by the Tatmadaw, or military junta of Burma; (3) progress toward broad-based and inclusive economic growth; (4) progress toward genuine national reconciliation; (5) steps taken to impose costs on the military junta; (6) progress made in advancing the strategy referred to in subsection (c); and (7) actions by the People’s Republic of China or the Russian Federation that undermine the sovereignty, stability, or unity of Burma.. (2) Effective date The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 that is required after the date of the enactment of this Act. (b) Repeals The following provisions of law are hereby repealed: (1) Subsection (b) of section 804 of Public Law 101–246. (2) Section 6 of Public Law 104–45. (3) Subsection (c) of section 702 of Public Law 96–465 ( 22 U.S.C. 4022 ). (4) Section 404 of the Arms Control and Disarmament Act ( 22 U.S.C. 2593b ). (5) Section 5 of Public Law 94–304 ( 22 U.S.C. 3005 ). (6) Subsection (b) of section 502 of the International Security and Development Cooperation Act of 1985 ( 22 U.S.C. 2349aa–7 ). (c) Report to Congress Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a report that includes each of the following: (1) A list of all reports described in subsection (d) required to be submitted by their respective agency. (2) For each such report, a citation to the provision of law under which the report is required to be submitted. (3) The reporting frequency of each such report. (4) The estimated cost of each report, to include personnel time costs. (d) Covered reports A report described in this subsection is a recurring report that is required to be submitted to Congress by the Department of State or the United States Agency for International Development, or by any officer, official, component, or element of each entity. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and the Committees on Appropriations of the Senate and the House of Representatives. 5201. Embassy security, construction, and maintenance For Embassy Security, Construction, and Maintenance , there is authorized to be appropriated $1,983,149,000 for fiscal year 2022. 5202. Standard design in capital construction (a) Sense of Congress It is the sense of Congress that the Department’s Bureau of Overseas Building Operations (OBO) or successor office should give appropriate consideration to standardization in construction, in which each new United States embassy and consulate starts with a standard design and keeps customization to a minimum. (b) Consultation The Secretary shall carry out any new United States embassy compound or new consulate compound project that utilizes a non-standard design, including those projects that are in the design or pre-design phase as of the date of the enactment of this Act, only in consultation with the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives. The Secretary shall provide the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives, for each such project, the following documentation: (1) A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of such project if it were to use a standard design. (2) A comparison of the estimated completion date of such project to the estimated completion date of such project if it were to use a standard design. (3) A comparison of the security of the completed project to the security of such completed project if it were to use a standard design. (4) A justification for the Secretary’s selection of a non-standard design over a standard design for such project. (5) A written explanation if any of the documentation necessary to support the comparisons and justification, as the case may be, described in paragraphs (1) through (4) cannot be provided. (c) Sunset The consultation requirement under subsection (b) shall expire on the date that is 4 years after the date of the enactment of this Act. 5203. Capital construction transparency (a) In general Section 118 of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 304 ) is amended— (1) in the section heading , by striking Annual report on embassy construction costs and inserting Biannual report on overseas capital construction projects ; and (2) by striking subsections (a) and (b) and inserting the following new subsections: (a) In general Not later than 180 days after the date of the enactment of this subsection and every 180 days thereafter until the date that is 4 years after such date of enactment, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive report regarding all ongoing overseas capital construction projects and major embassy security upgrade projects. (b) Contents Each report required under subsection (a) shall include the following with respect to each ongoing overseas capital construction project and major embassy security upgrade project: (1) The initial cost estimate as specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations for Acts making appropriations for the Department of State, foreign operations, and related programs. (2) The current cost estimate. (3) The value of each request for equitable adjustment received by the Department to date. (4) The value of each certified claim received by the Department to date. (5) The value of any usage of the project’s contingency fund to date and the value of the remainder of the project’s contingency fund. (6) An enumerated list of each request for adjustment and certified claim that remains outstanding or unresolved. (7) An enumerated list of each request for equitable adjustment and certified claim that has been fully adjudicated or that the Department has settled, and the final dollar amount of each adjudication or settlement. (8) The date of estimated completion specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations not later than 45 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs. (9) The current date of estimated completion.. (b) Clerical amendment The table of contents in section 1(b) of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 ; 130 Stat. 1905) is amended by amending the item relating to section 118 to read as follows: Sec. 118. Biannual report on overseas capital construction projects.. 5204. Contractor performance information (a) Deadline for completion The Secretary shall complete all contractor performance evaluations outstanding as of the date of the enactment of this Act required by subpart 42.15 of the Federal Acquisition Regulation for those contractors engaged in construction of new embassy or new consulate compounds by April 1, 2022. (b) Prioritization system (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall develop a prioritization system for clearing the current backlog of required evaluations referred to in subsection (a). (2) Elements The system required under paragraph (1) should prioritize the evaluations as follows: (A) Project completion evaluations should be prioritized over annual evaluations. (B) Evaluations for relatively large contracts should have priority. (C) Evaluations that would be particularly informative for the awarding of government contracts should have priority. (c) Briefing Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the Department’s plan for completing all evaluations by April 1, 2022, in accordance with subsection (a) and the prioritization system developed pursuant to subsection (b). (d) Sense of Congress It is the sense of Congress that— (1) contractors deciding whether to bid on Department contracts would benefit from greater understanding of the Department as a client; and (2) the Department should develop a forum where contractors can comment on the Department’s project management performance. 5205. Growth projections for new embassies and consulates (a) In general For each new United States embassy compound (NEC) and new consulate compound project (NCC) in or not yet in the design phase as of the date of the enactment of this Act, the Department shall project growth over the estimated life of the facility using all available and relevant data, including the following: (1) Relevant historical trends for Department personnel and personnel from other agencies represented at the NEC or NCC that is to be constructed. (2) An analysis of the tradeoffs between risk and the needs of United States Government policy conducted as part of the most recent Vital Presence Validation Process, if applicable. (3) Reasonable assumptions about the strategic importance of the NEC or NCC, as the case may be, over the life of the building at issue. (4) Any other data that would be helpful in projecting the future growth of NEC or NCC. (b) Other Federal agencies The head of each Federal agency represented at a United States embassy or consulate shall provide to the Secretary, upon request, growth projections for the personnel of each such agency over the estimated life of each embassy or consulate, as the case may be. (c) Basis for estimates The Department shall base its growth assumption for all NECs and NCCs on the estimates required under subsections (a) and (b). (d) Congressional notification Any congressional notification of site selection for a NEC or NCC submitted after the date of the enactment of this Act shall include the growth assumption used pursuant to subsection (c). 5206. Long-range planning process (a) Plans required (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the next five years as the Secretary of State considers appropriate, the Secretary shall develop— (A) a comprehensive 6-year plan documenting the Department’s overseas building program for the replacement of overseas diplomatic posts taking into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety; and (B) a comprehensive 6-year plan detailing the Department’s long-term planning for the maintenance and sustainment of completed diplomatic posts, which takes into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety. (2) Initial report The first plan developed pursuant to paragraph (1)(A) shall also include a one-time status report on existing small diplomatic posts and a strategy for establishing a physical diplomatic presence in countries in which there is no current physical diplomatic presence and with which the United States maintains diplomatic relations. Such report, which may include a classified annex, shall include the following: (A) A description of the extent to which each small diplomatic post furthers the national interest of the United States. (B) A description of how each small diplomatic post provides American Citizen Services, including data on specific services provided and the number of Americans receiving services over the previous year. (C) A description of whether each small diplomatic post meets current security requirements. (D) A description of the full financial cost of maintaining each small diplomatic post. (E) Input from the relevant chiefs of mission on any unique operational or policy value the small diplomatic post provides. (F) A recommendation of whether any small diplomatic posts should be closed. (3) Updated information The annual updates of each of the plans developed pursuant to paragraph (1) shall highlight any changes from the previous year’s plan to the ordering of construction and maintenance projects. (b) Reporting requirements (1) Submission of plans to Congress Not later than 60 days after the completion of each plan required under subsection (a), the Secretary shall submit the plans to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives. (2) Reference in budget justification materials In the budget justification materials submitted to the appropriate congressional committees in support of the Department’s budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the plans required under subsection (a) shall be referenced to justify funding requested for building and maintenance projects overseas. (3) Form of report Each report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Small diplomatic post defined In this section, the term small diplomatic post means any United States embassy or consulate that has employed five or fewer United States Government employees or contractors on average over the 36 months prior to the date of the enactment of this Act. 5207. Value engineering and risk assessment (a) Findings Congress makes the following findings: (1) Federal departments and agencies are required to use value engineering (VE) as a management tool, where appropriate, to reduce program and acquisition costs pursuant to OMB Circular A–131, Value Engineering, dated December 31, 2013. (2) OBO has a Policy Directive and Standard Operation Procedure, dated May 24, 2017, on conducting risk management studies on all international construction projects. (b) Notification requirements (1) Submission to authorizing committees Any notification that includes the allocation of capital construction and maintenance funds shall be submitted to the appropriate congressional committees. (2) Requirement to confirm completion of value engineering and risk assessment studies The notifications required under paragraph (1) shall include confirmation that the Department has completed the requisite VE and risk management process described in subsection (a), or applicable successor process. (c) Reporting and briefing requirements The Secretary shall provide to the appropriate congressional committees upon request— (1) a description of each risk management study referred to in subsection (a)(2) and a table detailing which recommendations related to each such study were accepted and which were rejected; and (2) a report or briefing detailing the rationale for not implementing any such recommendations that may otherwise yield significant cost savings to the Department if implemented. 5208. Business volume Section 402(c)(2)(E) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4852(c)(2)(E) ) is amended by striking in 3 years and inserting cumulatively over 3 years. 5209. Embassy security requests and deficiencies The Secretary of State shall provide to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate upon request information on physical security deficiencies at United States diplomatic posts, including relating to the following: (1) Requests made over the previous year by United States diplomatic posts for security upgrades. (2) Significant security deficiencies at United States diplomatic posts that are not operating out of a new embassy compound or new consulate compound. 5210. Overseas security briefings Not later than one year after the date of the enactment of this Act, the Secretary of State shall revise the Foreign Affairs Manual to stipulate that information on the current threat environment shall be provided to all United States Government employees under chief of mission authority traveling to a foreign country on official business. To the extent practicable, such material shall be provided to such employees prior to their arrival at a United States diplomatic post or as soon as possible thereafter. 5211. Contracting methods in capital construction (a) Delivery Unless the Secretary of State notifies the appropriate congressional committees that the use of the design-build project delivery method would not be appropriate, the Secretary shall make use of such method at United States diplomatic posts that have not yet received design or capital construction contracts as of the date of the enactment of this Act. (b) Notification Before executing a contract for a delivery method other than design-build in accordance with subsection (a), the Secretary of State shall notify the appropriate congressional committees in writing of the decision, including the reasons therefor. The notification required by this subsection may be included in any other report regarding a new United States diplomatic post that is required to be submitted to the appropriate congressional committees. (c) Performance evaluation Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall report to the appropriate congressional committees regarding performance evaluation measures in accordance with GAO’s Standards for Internal Control in the Federal Government that will be applicable to design and construction, lifecycle cost, and building maintenance programs of the Bureau of Overseas Building Operations of the Department. 5212. Competition in embassy construction Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committee and the Committees on Appropriations of the Senate and the House of Representatives a report detailing steps the Department of State is taking to expand the embassy construction contractor base in order to increase competition and maximize value. 5213. Statement of policy It is the policy of the United States that the Bureau of Overseas Building Operations of the Department or its successor office shall continue to balance functionality and security with accessibility, as defined by guidelines established by the United States Access Board in constructing embassies and consulates, and shall ensure compliance with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq. ) to the fullest extent possible. 5214. Definitions In this title: (1) Design-build The term design-build means a method of project delivery in which one entity works under a single contract with the Department to provide design and construction services. (2) Non-standard design The term non-standard design means a design for a new embassy compound project or new consulate compound project that does not utilize a standardized design for the structural, spatial, or security requirements of such embassy compound or consulate compound, as the case may be. 5301. Defense Base Act insurance waivers (a) Application for waivers Not later than 30 days after the date of the enactment of this Act, the Secretary shall apply to the Department of Labor for a waiver from insurance requirements under the Defense Base Act ( 42 U.S.C. 1651 et seq. ) for all countries with respect to which the requirement was waived prior to January 2017, and for which there is not currently a waiver. (b) Certification requirement Not later than 45 days after the date of the enactment of this Act, the Secretary shall certify to the appropriate congressional committees that the requirement in subsection (a) has been met. 5302. Study on Foreign Service allowances (a) Report required (1) In general Not later than one year after date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report detailing an empirical analysis on the effect of overseas allowances on the foreign assignment of Foreign Service officers (FSOs), to be conducted by a federally-funded research and development center with appropriate expertise in labor economics and military compensation. (2) Contents The analysis required under paragraph (1) shall— (A) identify all allowances paid to FSOs assigned permanently or on temporary duty to foreign areas; (B) examine the efficiency of the Foreign Service bidding system in determining foreign assignments; (C) examine the factors that incentivize FSOs to bid on particular assignments, including danger levels and hardship conditions; (D) examine the Department’s strategy and process for incentivizing FSOs to bid on assignments that are historically in lower demand, including with monetary compensation, and whether monetary compensation is necessary for assignments in higher demand; (E) make any relevant comparisons to military compensation and allowances, noting which allowances are shared or based on the same regulations; (F) recommend options for restructuring allowances to improve the efficiency of the assignments system and better align FSO incentives with the needs of the Foreign Service, including any cost savings associated with such restructuring; (G) recommend any statutory changes necessary to implement subparagraph (F), such as consolidating existing legal authorities for the provision of hardship and danger pay; and (H) detail any effects of recommendations made pursuant to subparagraphs (F) and (G) on other United States Government departments and agencies with civilian employees permanently assigned or on temporary duty in foreign areas, following consultation with such departments and agencies. (b) Briefing requirement Before initiating the analysis required under subsection (a)(1), and not later than 60 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on the implementation of this section that includes the following: (1) The name of the federally funded research and development center that will conduct such analysis. (2) The scope of such analysis and terms of reference for such analysis as specified between the Department and such federally funded research and development center. (c) Availability of information (1) In general The Secretary shall make available to the federally-funded research and development center carrying out the analysis required under subsection (a)(1) all necessary and relevant information to allow such center to conduct such analysis in a quantitative and analytical manner, including historical data on the number of bids for each foreign assignment and any survey data collected by the Department from eligible bidders on their bid decision-making. (2) Cooperation The Secretary shall work with the heads of other relevant United States Government departments and agencies to ensure such departments and agencies provide all necessary and relevant information to the federally-funded research and development center carrying out the analysis required under subsection (a)(1). (d) Interim report to Congress The Secretary shall require that the chief executive officer of the federally-funded research and development center that carries out the analysis required under subsection (a)(1) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an interim report on such analysis not later than 180 days after the date of the enactment of this Act. 5303. Science and technology fellowships Section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d ) is amended by adding at the end the following new subsection: (e) Grants and cooperative agreements related to science and technology fellowship programs (1) In general The Secretary is authorized to make grants or enter into cooperative agreements related to Department of State science and technology fellowship programs, including for assistance in recruiting fellows and the payment of stipends, travel, and other appropriate expenses to fellows. (2) Exclusion from consideration as compensation Stipends under paragraph (1) shall not be considered compensation for purposes of section 209 of title 18, United States Code. (3) Maximum annual amount The total amount of grants made pursuant to this subsection may not exceed $500,000 in any fiscal year.. 5304. Travel for separated families Section 901(15) of the Foreign Service Act of 1980 ( 22 U.S.C. 4081(15) ) is amended— (1) in the matter preceding subparagraph (A), by striking 1 round-trip per year for each child below age 21 of a member of the Service assigned abroad and inserting in the case of one or more children below age 21 of a member of the Service assigned abroad, 1 round-trip per year ; (2) in subparagraph (A)— (A) by inserting for each child before to visit the member abroad ; and (B) by striking ; or and inserting a comma; (3) in subparagraph (B)— (A) by inserting for each child before to visit the other parent ; and (B) by inserting or after resides, ; (4) by inserting after subparagraph (B) the following new subparagraph: (C) for one of the child’s parents to visit the child or children abroad if the child or children do not regularly reside with that parent and that parent is not receiving an education allowance or educational travel allowance for the child or children under section 5924(4) of title 5, United States Code, ; and (5) in the matter following subparagraph (C), as added by paragraph (4) of this section, by striking a payment and inserting the cost of round-trip travel. 5305. Home leave travel for separated families Section 903(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4083(b) ) is amended by adding at the end the following new sentence: In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member’s family members reside, notwithstanding section 10305 of title 5, United States Code.. 5306. Sense of Congress regarding certain fellowship programs It is the sense of Congress that Department fellowships that promote the employment of candidates belonging to under-represented groups, including the Charles B. Rangel International Affairs Graduate Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program, represent smart investments vital for building a strong, capable, and representative national security workforce. 5307. Technical correction Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of 1980 ( 22 U.S.C. 4001(c)(6) ) is amended, in the matter preceding clause (i), by— (1) striking promotion and inserting promotion, on or after January 1, 2017, ; and (2) striking individual joining the Service on or after January 1, 2017, and inserting Foreign Service officer, appointed under section 302(a)(1), who has general responsibility for carrying out the functions of the Service. 5308. Foreign Service awards (a) In general Section 614 of the Foreign Service Act of 1980 ( 22 U.S.C. 4013 ) is amended— (1) by amending the section heading to read as follows: Department Awards ; and (2) in the first sentence, by inserting or Civil Service after the Service. (b) Conforming amendment The item relating to section 614 in the table of contents of the Foreign Service Act of 1980 is amended to read as follows: Sec. 614. Department awards.. 5309. Workforce actions (a) Sense of Congress on workforce recruitment It is the sense of Congress that the Secretary should continue to hold entry-level classes for Foreign Service officers and specialists and continue to recruit civil servants through programs such as the Presidential Management Fellows Program and Pathways Internship Programs in a manner and at a frequency consistent with prior years and consistent with the need to maintain a pool of experienced personnel effectively distributed across skill codes and ranks. It is further the sense of Congress that absent continuous recruitment and training of Foreign Service officers and civil servants, the Department will lack experienced, qualified personnel in the short, medium, and long terms. (b) Limitation The Secretary should not implement any reduction-in-force action under section 3502 or 3595 of title 5, United States Code, or for any incentive payments for early separation or retirement under any other provision of law unless— (1) the appropriate congressional committees are notified not less than 15 days in advance of such obligation or expenditure; and (2) the Secretary has provided to the appropriate congressional committees a detailed report that describes the Department’s strategic staffing goals, including— (A) a justification that describes how any proposed workforce reduction enhances the effectiveness of the Department; (B) a certification that such workforce reduction is in the national interest of the United States; (C) a comprehensive strategic staffing plan for the Department, including 5-year workforce forecasting and a description of the anticipated impact of any proposed workforce reduction; and (D) a dataset displaying comprehensive workforce data for all current and planned employees of the Department, disaggregated by— (i) Foreign Service officer and Foreign Service specialist rank; (ii) civil service job skill code, grade level, and bureau of assignment; (iii) contracted employees, including the equivalent job skill code and bureau of assignment; and (iv) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including their equivalent grade and job skill code and bureau of assignment. 5310. Sense of Congress regarding veterans employment at the Department of State It is the sense of Congress that— (1) the Department should continue to promote the employment of veterans, in accordance with section 301 of the Foreign Service Act of 1980 ( 22 U.S.C. 3941 ), as amended by section 10406 of this Act, including those veterans belonging to traditionally underrepresented groups at the Department; (2) veterans employed by the Department have made significant contributions to United States foreign policy in a variety of regional and global affairs bureaus and diplomatic posts overseas; and (3) the Department should continue to encourage veteran employment and facilitate their participation in the workforce. 5311. Employee assignment restrictions and preclusions (a) Sense of Congress It is the sense of Congress that the Department should expand the appeal process it makes available to employees related to assignment preclusions and restrictions. (b) Appeal of assignment restriction or preclusion Subsection (a) of section 414 of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 2734c(a) ) is amended by adding at the end the following new sentences: Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.. (c) Notice and certification Not later than 90 days after the date of the enactment of this Act, the Secretary shall revise, and certify to the appropriate congressional committees regarding such revision, the Foreign Affairs Manual guidance regarding denial or revocation of a security clearance to expressly state that all review and appeal rights relating thereto shall also apply to any recommendation or decision to impose an assignment restriction or preclusion to an employee. (d) Annual report Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that contains the following: (1) A rationale for the use of assignment restrictions by the Department of State, including specific case studies related to cleared United States Foreign Service and civil service employees of the Department that demonstrate country-specific restrictions serve a counterintelligence role beyond that which is already covered by the security clearance process. (2) The number of such Department employees subject to assignment restrictions over the previous year, with data disaggregated by— (A) identification as a Foreign Service officer, civil service employee, eligible family member, or other employment status; (B) the ethnicity, national origin, and race of the precluded employee; (C) gender; and (D) the country of restriction. (3) A description of the considerations and criteria used by the Bureau of Diplomatic Security to determine whether an assignment restriction is warranted. (4) The number of restrictions that were appealed and the success rate of such appeals. (5) The impact of assignment restrictions in terms of unused language skills as measured by Foreign Service Institute language scores of such precluded employees. (6) Measures taken to ensure the diversity of adjudicators and contracted investigators, with accompanying data on results. 5312. Recall and reemployment of career members (a) Sense of Congress It is the sense of Congress that— (1) career Department employees provide invaluable service to the United States as nonpartisan professionals who contribute subject matter expertise and professional skills to the successful development and execution of United States foreign policy; and (2) reemployment of skilled former members of the Foreign and civil service who have voluntarily separated from the Foreign or civil service due to family reasons or to obtain professional skills outside government is of benefit to the Department. (b) Notice of employment opportunities Title 5, United States Code, is amended by inserting after chapter 102 the following new chapter: 103 Department of State Sec. 10301. Notice of employment opportunities for Department of State and USAID positions. 10302. Consulting services for the Department of State. 10301. Notice of employment opportunities for Department of State and USAID positions To ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.. (c) Clerical amendment The table of chapters at the beginning of title 5, United States Code, is amended by inserting after the item relating to chapter 102 the following: 103. Department of State 10301.. 10301. Notice of employment opportunities for Department of State and USAID positions To ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply. 5313. Strategic staffing plan for the Department of State (a) In general Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive 5-year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after the date of the enactment of this Act, which shall include the following: (1) A dataset displaying comprehensive workforce data, including all shortages in bureaus described in GAO report GAO–19–220, for all current and planned employees of the Department, disaggregated by— (A) Foreign Service officer and Foreign Service specialist rank; (B) civil service job skill code, grade level, and bureau of assignment; (C) contracted employees, including the equivalent job skill code and bureau of assignment; (D) employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including the equivalent grade and job skill code and bureau of assignment of such employee; and (E) overseas region. (2) Recommendations on the number of Foreign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such recommendations. (3) Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations. (b) Maintenance The dataset required under subsection (a)(1) shall be maintained and updated on a regular basis. (c) Consultation The Secretary shall lead the development of the plan required under subsection (a) but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations familiar with the demands and needs of the Department’s workforce. (d) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such shortages on national security objectives, and the Department’s plan to implement recommendations described in GAO–19–220. 5314. Consulting services (a) In general Chapter 103 of title 5, United States Code, as added by section 10312, is amended by adding at the end the following: 10302. Consulting services for the Department of State Any consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.. (b) Clerical amendment The table of sections for chapter 103 of title 5, United States Code, as added by section 10312(b) of this Act, is amended by adding after the item relating to section 10301 of title 5, United States Code, the following new item: 10302. Consulting services for the Department of State.. 10302. Consulting services for the Department of State Any consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 5315. Incentives for critical posts Section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) is amended by striking the last sentence. 5316. Extension of authority for certain accountability review boards Section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) is amended— (1) in the heading, by striking Afghanistan and and inserting Afghanistan, Yemen, Syria, and ; and (2) in subparagraph (A)— (A) in clause (i), by striking Afghanistan or and inserting Afghanistan, Yemen, Syria, or ; and (B) in clause (ii), by striking beginning on October 1, 2005, and ending on September 30, 2009 and inserting beginning on October 1, 2020, and ending on September 30, 2022. 5317. Foreign Service suspension without pay Subsection (c) of section 610 of the Foreign Service Act of 1980 ( 22 U.S.C. 4010 ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking suspend and inserting indefinitely suspend without duties ; (2) by redesignating paragraph (5) as paragraph (7); (3) by inserting after paragraph (4) the following new paragraphs: (5) For each member of the Service suspended under paragraph (1)(A) whose security clearance remains suspended for more than one calendar year, not later than 30 days after the end of such calendar year, the Secretary of State shall report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing regarding the specific reasons relating to the duration of each such suspension. (6) Any member of the Service suspended under paragraph (1)(B) may be suspended without pay only after a final written decision is provided to such member pursuant to paragraph (2). ; and (4) in paragraph (7), as so redesignated— (A) by striking this subsection and all that follows through The term in subparagraph (A) and inserting this subsection, the term ; (B) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the left; and (C) by striking subparagraph (B) (relating to the definition of suspend and suspension ). 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes (a) Applicability The Foreign Affairs Manual and the Foreign Affairs Handbook apply with equal force and effect and without exception to all Department of State personnel, including the Secretary of State, Department employees, and political appointees, regardless of an individual’s status as a Foreign Service officer, Civil Service employee, or political appointee hired under any legal authority. (b) Certification Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a certification in unclassified form that the applicability described in subsection (a) has been communicated to all Department personnel, including the personnel referred to in such subsection. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report detailing all significant changes made to the Foreign Affairs Manual or the Foreign Affairs Handbook. (2) Covered periods The first report required under paragraph (1) shall cover the 5-year period preceding the submission of such report. Each subsequent report shall cover the 180-day period preceding submission. (3) Contents Each report required under paragraph (1) shall contain the following: (A) The location within the Foreign Affairs Manual or the Foreign Affairs Handbook where a change has been made. (B) The statutory basis for each such change, as applicable. (C) A side-by-side comparison of the Foreign Affairs Manual or Foreign Affairs Handbook before and after such change. (D) A summary of such changes displayed in spreadsheet form. 5319. Waiver authority for individual occupational requirements of certain positions The Secretary of State may waive any or all of the individual occupational requirements with respect to an employee or prospective employee of the Department of State for a civilian position categorized under the GS–0130 occupational series if the Secretary determines that the individual possesses significant scientific, technological, engineering, or mathematical expertise that is integral to performing the duties of the applicable position, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document that is transmitted to the Director of the Office of Personnel Management the rationale for the decision of the Secretary to waive such requirements. 5320. Appointment of employees to the Global Engagement Center The Secretary may appoint, for a 3-year period that may be extended for up to an additional 2 years, solely to carry out the functions of the Global Engagement Center, employees of the Department without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, and may fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title. 5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission Subparagraph (A) of section 8L(d)(5)(A) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking a lead Inspector General for and inserting any of the Inspectors General specified in subsection (c) for oversight of. 5322. Report relating to Foreign Service Officer training and development (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report on fellowships or details for Department of State Foreign Service generalists at— (1) the Department of Defense; (2) United States intelligence agencies; and (3) congressional offices or committees. (b) Elements The report required by subsection (a) shall include the following elements: (1) The number of Senior Foreign Service Officer generalists who, as of the date of the enactment of this Act, have done a tour of at least one year in any of the agencies or congressional committees described in subsection (a). (2) The total number of senior Foreign Service Officer generalists as of the date of the enactment of this Act. (3) The average number of Senior Foreign Service Officer generalists inducted annually during the 10 years preceding the date of the enactment of this Act. (4) The total number of Department advisors stationed in any of the agencies or congressional offices described in subsection (a), including the agencies or offices in which such advisors serve. (5) The total number of advisors from other United States Government agencies stationed in the Department of State (excluding defense attaches, senior defense officials, and other Department of Defense personnel stationed in United States missions abroad), the home agency of the advisor, and the offices in which such advisors serve. (c) Educational exclusion For the purposes of the report required under subsection (a), educational programs shall not be included. 5323. Cooperation with Office of the Inspector General (a) Administrative discipline Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall make explicit in writing to all Department of State personnel, including the Secretary of State, Department employees, contractors, and political appointees, and shall consider updating the Foreign Affairs Manual and the Foreign Affairs Handbook to explicitly specify, that if any of such personnel does not comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General of the Department, such personnel may be subject to appropriate administrative discipline including, when circumstances warrant, suspension without pay or removal. (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act and on a quarterly basis thereafter, the Office of the Inspector General of the Department of State and the United States Agency for Global Media shall submit to the appropriate congressional committees and the Secretary of State a report in unclassified form detailing the following: (A) The number of individuals who have failed to comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General pertaining to a noncriminal matter. (B) The date on which such requests were initially made. (C) Any extension of time that was voluntarily granted to such individual by the Office of the Inspector General. (D) The general subject matters regarding which the Office of the Inspector General has requested of such individuals. (2) Form Additional information pertaining solely to the subject matter of a request described in paragraph (1) may be provided in a supplemental classified annex, if necessary, but all other information required by the reports required under such paragraph shall be provided in unclassified form. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act Not later than March 31, 2022, and annually thereafter, the Director of the Office of Overseas Schools of the Department of State shall maintain and update a list of overseas schools receiving assistance from the Office and detailing the extent to which each such school provides special education and related services to children with disabilities in accordance with part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ). Each list required under this section shall be posted on the public website of the Office for access by members of the Foreign Service, the Senior Foreign Service, and their eligible family members. 5325. Implementation of gap memorandum in selection board process (a) In general Section 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ) is amended by adding at the end the following new subsection: (c) (1) A member of the Service or member of the Senior Foreign Service whose performance will be evaluated by a selection board may submit to such selection board a gap memo in advance of such evaluation. (2) Members of a selection board may not consider as negative the submission of a gap memo by a member described in paragraph (1) when evaluating the performance of such member. (3) In this subsection, the term gap memo means a written record, submitted to a selection board in a standard format established by the Director General of the Foreign Service, which indicates and explains a gap in the record of a member of the Service or member of the Senior Foreign Service whose performance will be evaluated by such selection board, which gap is due to personal circumstances, including for health, family, or other reason as determined by the Director General in consultation with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.. (b) Consultation and guidance (1) Consultation Not later than 30 days after the date of the enactment of this Act, the Director General of the Foreign Service shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development of the gap memo under subsection (c) of section 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ), as added by subsection (a) of this section. (2) Definition In this subsection, the term gap memo has the meaning given such term in subsection (c) of section 603 of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ), as added by subsection (a) of this section. 5401. Definitions In this title: (1) Applicant flow data The term applicant flow data means data that tracks the rate of applications for job positions among demographic categories. (2) Demographic data The term demographic data means facts or statistics relating to the demographic categories specified in the Office of Management and Budget statistical policy directive entitled Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (81 Fed. Reg. 67398). (3) Diversity The term diversity means those classes of persons protected under the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (4) Workforce The term workforce means— (A) individuals serving in a position in the civil service (as defined in section 2101 of title 5, United States Code); (B) individuals who are members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3902 )); (C) all individuals serving under a personal services contract; (D) all individuals serving under a Foreign Service Limited appointment under section 309 of the Foreign Service Act of 1980; or (E) individuals other than Locally Employed Staff working in the Department of State under any other authority. 5402. Exit interviews for workforce (a) Retained members The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall conduct periodic interviews with a representative and diverse cross-section of the workforce of the Department— (1) to understand the reasons of individuals in such workforce for remaining in a position in the Department; and (2) to receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of individuals in the workforce to remain in the Department. (b) Departing members The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall provide an opportunity for an exit interview to each individual in the workforce of the Department who separates from service with the Department to better understand the reasons of such individual for leaving such service. (c) Use of analysis from interviews The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall analyze demographic data and other information obtained through interviews under subsections (a) and (b) to determine to what extent, if any, the diversity of those participating in such interviews impacts the results. (d) Tracking data The Department shall— (1) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; (2) annually evaluate such data— (A) to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and (B) to understand the extent to which participation in any professional development program offered or sponsored by the Department differs among the demographic categories of the workforce; and (3) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation, in such professional development programs. 5403. Recruitment and retention (a) In general The Secretary shall— (1) continue to seek a diverse and talented pool of applicants; and (2) instruct the Director General of the Foreign Service and the Director of the Bureau of Human Resources of the Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-represented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations. (b) Scope The diversity recruitment initiatives described in subsection (a) shall include— (1) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (2) placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups; (3) sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities; (4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; (5) expanding the use of paid internships; and (6) cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals. (c) Expand training on anti-harassment and anti-discrimination (1) In general The Secretary shall, through the Foreign Service Institute and other educational and training opportunities— (A) ensure the provision to all individuals in the workforce of training on anti-harassment and anti-discrimination information and policies, including in existing Foreign Service Institute courses or modules prioritized in the Department’s Diversity and Inclusion Strategic Plan for 2016–2020 to promote diversity in Bureau awards or mitigate unconscious bias; (B) expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies, including policies relating to sexual assault prevention and response; and (C) make such expanded training mandatory for— (i) individuals in senior and supervisory positions; (ii) individuals having responsibilities related to recruitment, retention, or promotion of employees; and (iii) any other individual determined by the Department who needs such training based on analysis by the Department or OPM analysis. (2) Best practices The Department shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection. 5404. Leadership engagement and accountability (a) Reward and recognize efforts to promote diversity and inclusion (1) In general The Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the Department in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. (2) Outreach events The Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups. (b) External advisory committees and boards For each external advisory committee or board to which individuals in senior positions in the Department appoint members, the Secretary is strongly encouraged by Congress to ensure such external advisory committee or board is developed, reviewed, and carried out by qualified teams that represent the diversity of the organization. 5405. Professional development opportunities and tools (a) Expand provision of professional development and career advancement opportunities (1) In general The Secretary is authorized to expand professional development opportunities that support the mission needs of the Department, such as— (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in— (i) private or international organizations; (ii) State, local, and Tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. (2) Training for senior positions (A) In general The Secretary shall offer, or sponsor members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for appointment to senior positions in the Department. (B) Requirements In determining which members of the workforce are granted professional development or career advancement opportunities under subparagraph (A), the Secretary shall— (i) ensure any program offered or sponsored by the Department under such subparagraph comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements; (ii) consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs; (iii) understand how participation in any program offered or sponsored by the Department under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and (iv) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation. 5406. Examination and oral assessment for the Foreign Service (a) Sense of Congress It is the sense of Congress that the Department should offer both the Foreign Service written examination and oral assessment in more locations throughout the United States. Doing so would ease the financial burden on potential candidates who do not currently reside in and must travel at their own expense to one of the few locations where these assessments are offered. (b) Foreign Service examinations Section 301(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3941 ) is amended— (1) by striking The Secretary and inserting: (1) The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating basis, located in at least three different time zones across the United States.. 5407. Payne fellowship authorization (a) In general Undergraduate and graduate components of the Donald M. Payne International Development Fellowship Program may conduct outreach to attract outstanding students with an interest in pursuing a Foreign Service career who represent diverse ethnic and socioeconomic backgrounds. (b) Review of past programs The Secretary shall review past programs designed to increase minority representation in international affairs positions. 5408. Voluntary participation (a) In general Nothing in this title should be construed so as to compel any employee to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data collection contemplated by this title is voluntary. (b) Privacy protection Any data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. 5501. Definitions In this title: (1) Intelligence community The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (2) Relevant congressional committees The term relevant congressional committees means— (A) the appropriate congressional committees; (B) the Select Committee on Intelligence of the Senate; and (C) the Permanent Select Committee on Intelligence of the House of Representatives. 5502. List of certain telecommunications providers (a) List of covered contractors Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence and other appropriate Federal agencies as determined jointly by the Secretary and the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the Department should seek to avoid entering into contracts. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list. (b) Covered contractor defined In this section, the term covered contractor means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against— (1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or (2) individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights. 5503. Preserving records of electronic communications (a) Sense of Congress It is the sense of Congress that all officers and employees of the Department and the United States Agency for International Development are obligated under chapter 31 of title 44, United States Code (popularly referred to as the Federal Records Act of 1950), to create and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions or operations of the Department and United States embassies, consulates, and missions abroad, including records of official communications with foreign government officials or other foreign entities. (b) Certification Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a certification in unclassified form that the Secretary has communicated to all Department personnel, including the Secretary of State and all political appointees, that such personnel are obligated under chapter 31 of title 44, United States Code, to treat electronic messaging systems, software, and applications as equivalent to electronic mail for the purpose of identifying Federal records. 5504. Foreign Relations of the United States (FRUS) series and declassification The State Department Basic Authorities Act of 1956 is amended— (1) in section 402(a)(2) ( 22 U.S.C. 4352(a)(2) ), by striking 26 and inserting 20 ; and (2) in section 404(a)(1) ( 22 U.S.C. 4354(a)(1) , by striking 30 and inserting 25. 5601. Short title This title may be cited as the Public Diplomacy Modernization Act of 2021. 5602. Avoiding duplication of programs and efforts The Secretary shall— (1) identify opportunities for greater efficiency of operations, including through improved coordination of efforts across public diplomacy bureaus and offices of the Department; and (2) maximize shared use of resources between, and within, such public diplomacy bureaus and offices in cases in which programs, facilities, or administrative functions are duplicative or substantially overlapping. 5603. Improving research and evaluation of public diplomacy (a) Research and evaluation activities The Secretary, acting through the Director of Research and Evaluation appointed pursuant to subsection (b), shall— (1) conduct regular research and evaluation of public diplomacy programs and activities of the Department, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and (2) make available to Congress the findings of the research and evaluations conducted under paragraph (1). (b) Director of research and evaluation (1) Appointment Not later than 90 days after the date of the enactment of this Act, the Secretary shall appoint a Director of Research and Evaluation (referred to in this subsection as the Director ) in the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department. (2) Limitation on appointment The appointment of the Director pursuant to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department. (3) Responsibilities The Director shall— (A) coordinate and oversee the research and evaluation of public diplomacy programs and activities of the Department in order to— (i) improve public diplomacy strategies and tactics; and (ii) ensure that such programs and activities are increasing the knowledge, understanding, and trust of the United States by relevant target audiences; (B) routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department; (C) support United States diplomatic posts’ public affairs sections; (D) share appropriate public diplomacy research and evaluation information within the Department and with other appropriate Federal departments and agencies; (E) regularly design and coordinate standardized research questions, methodologies, and procedures to ensure that public diplomacy programs and activities across all public diplomacy bureaus and offices are designed to meet appropriate foreign policy objectives; and (F) report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation of all public diplomacy bureaus and offices. (4) Guidance and training Not later than 1 year after the appointment of the Director pursuant to paragraph (1), the Director shall develop guidance and training, including curriculum for use by the Foreign Service Institute, for all public diplomacy officers of the Department regarding the reading and interpretation of public diplomacy program and activity evaluation findings to ensure that such findings and related lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities of the Department. (c) Prioritizing research and evaluation (1) In general The head of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department shall ensure that research and evaluation of public diplomacy and activities of the Department, as coordinated and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public diplomacy bureaus and offices of the Department. (2) Allocation of resources Amounts allocated for the purpose of research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) shall be made available to be disbursed at the direction of the Director of Research and Evaluation among the research and evaluation staff across all public diplomacy bureaus and offices of the Department. (3) Sense of Congress It is the sense of Congress that the Department should gradually increase its allocation of funds made available under the headings Educational and Cultural Exchange Programs and Diplomatic Programs for research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) to a percentage of program funds that is commensurate with Federal Government best practices. (d) Limited exemption relating to the Paperwork Reduction Act Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) shall not apply to the collection of information directed at any individuals conducted by, or on behalf of, the Department of State for the purpose of audience research, monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to any of the following: (1) The Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. ). (2) Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 22 U.S.C. 2656 note). (3) The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). (e) Limited exemption relating to the Privacy Act (1) In general The Department shall maintain, collect, use, and disseminate records (as such term is defined in section 552a(a)(4) of title 5, United States Code) for audience research, digital analytics, and impact evaluation of communications related to public diplomacy efforts intended for foreign audiences. (2) Conditions Audience research, digital analytics, and impact evaluations under paragraph (1) shall be— (A) reasonably tailored to meet the purposes of this subsection; and (B) carried out with due regard for privacy and civil liberties guidance and oversight. (f) United States Advisory Commission on Public Diplomacy (1) Subcommittee for research and evaluation The United States Advisory Commission on Public Diplomacy shall establish a Subcommittee on Research and Evaluation to monitor and advise regarding audience research, digital analytics, and impact evaluations carried out by the Department and the United States Agency for Global Media. (2) Annual report The Subcommittee on Research and Evaluation established pursuant to paragraph (1) shall submit to the appropriate congressional committees an annual report, in conjunction with the United States Advisory Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media, describing all actions taken by the Subcommittee pursuant to paragraph (1) and any findings made as a result of such actions. 5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6553 ) is amended— (1) in the section heading, by striking Sunset and inserting Continuation ; and (2) by striking until October 1, 2021. 5605. Streamlining of support functions (a) Working group established Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a working group to explore the possibilities and cost-benefit analysis of transitioning to a shared services model as such pertains to human resources, travel, purchasing, budgetary planning, and all other executive support functions for all bureaus of the Department that report to the Under Secretary for Public Diplomacy of the Department. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a plan to implement any such findings of the working group established under subsection (a). 5606. Guidance for closure of public diplomacy facilities (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall adopt, and include in the Foreign Affairs Manual, guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound would result in the closure or co-location of an American Space, American Center, American Corner, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ). (b) Requirements The guidelines required by subsection (a) shall include the following: (1) Standardized notification to each chief of mission at a diplomatic post describing the requirements of the Secure Embassy Construction and Counterterrorism Act of 1999 and the impact on the mission footprint of such requirements. (2) An assessment and recommendations from each chief of mission of potential impacts to public diplomacy programming at such diplomatic post if any public diplomacy facility referred to in subsection (a) is closed or staff is co-located in accordance with such Act. (3) A process by which assessments and recommendations under paragraph (2) are considered by the Secretary and the appropriate Under Secretaries and Assistant Secretaries of the Department. (4) Notification to the appropriate congressional committees, prior to the initiation of a new embassy compound or new consulate compound design, of the intent to close any such public diplomacy facility or co-locate public diplomacy staff in accordance with such Act. (c) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the guidelines required under subsection (a) and any recommendations for any modifications to such guidelines. 5607. Definitions In this title: (1) Audience research The term audience research means research conducted at the outset of a public diplomacy program or the outset of campaign planning and design regarding specific audience segments to understand the attitudes, interests, knowledge, and behaviors of such audience segments. (2) Digital analytics The term digital analytics means the analysis of qualitative and quantitative data, accumulated in digital format, to indicate the outputs and outcomes of a public diplomacy program or campaign. (3) Impact evaluation The term impact evaluation means an assessment of the changes in the audience targeted by a public diplomacy program or campaign that can be attributed to such program or campaign. (4) Public diplomacy bureaus and offices The term public diplomacy bureaus and offices means, with respect to the Department, the following: (A) The Bureau of Educational and Cultural Affairs. (B) The Bureau of Global Public Affairs. (C) The Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs. (D) The Global Engagement Center. (E) The public diplomacy functions within the regional and functional bureaus. 5701. Limitation on assistance to countries in default Section 620(q) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(q) ) is amended— (1) by striking No assistance and inserting the following: (1) No assistance ; (2) by inserting the government of before any country ; (3) by inserting the government of before such country each place it appears; (4) by striking determines and all that follows and inserting determines, after consultation with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, that assistance for such country is in the national interest of the United States. ; and (5) by adding at the end the following new paragraph: (2) No assistance shall be furnished under this Act, the Peace Corps Act, the Millennium Challenge Act of 2003, the African Development Foundation Act, the BUILD Act of 2018, section 504 of the FREEDOM Support Act, or section 23 of the Arms Export Control Act to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest or any loan made to the government of such country by the United States unless the President determines, following consultation with the congressional committees specified in paragraph (1), that assistance for such country is in the national interest of the United States.. 5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment Subsection (b) of section 101 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 ( 22 U.S.C. 9111 ; Public Law 113–150 ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by inserting , respectively, after access cases ; and (ii) by inserting and the number of children involved before the semicolon at the end; and (B) in subparagraph (D), by inserting respectively, the number of children involved, after access cases, ; (2) in paragraph (7), by inserting , and number of children involved in such cases before the semicolon at the end; (3) in paragraph (8), by striking and after the semicolon at the end; (4) in paragraph (9), by striking the period at the end and inserting ; and ; and (5) by adding at the end the following new paragraph: (10) the total number of pending cases the Department of State has assigned to case officers and number of children involved for each country and as a total for all countries.. 5703. Chief of mission concurrence In the course of a chief of mission providing concurrence to the exercise of the authority pursuant to section 127e of title 10, United States Code, or section 1202 of the National Defense Authorization Act for Fiscal Year 2018— (1) each relevant chief of mission shall inform and consult in a timely manner with relevant individuals at relevant missions or bureaus of the Department of State; and (2) the Secretary of State shall take such steps as may be necessary to ensure that such relevant individuals have the security clearances necessary and access to relevant compartmented and special programs to so consult in a timely manner with respect to such concurrence. 5704. Report on efforts of the Coronavirus Repatriation Task Force Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate a report evaluating the efforts of the Coronavirus Repatriation Task Force of the Department of State to repatriate United States citizens and legal permanent residents in response to the 2020 coronavirus outbreak. The report shall identify— (1) the most significant impediments to repatriating such persons; (2) the lessons learned from such repatriations; and (3) any changes planned to future repatriation efforts of the Department of State to incorporate such lessons learned. 6101. FinCEN Exchange Section 310(d) of title 31, United States Code, is amended— (1) in paragraph (2), by inserting other relevant private sector entities, after financial institutions, ; (2) in paragraph (3)(A)(i)(II), by inserting and other relevant private sector entities after financial institutions ; and (3) in paragraph (5)— (A) in subparagraph (A), by inserting or other relevant private sector entity after financial institution ; and (B) in subparagraph (B)— (i) by striking Information and inserting the following: (i) Use by financial institutions Information ; and (ii) by adding at the end the following: (ii) Use by other relevant private sector entities Information received by a relevant private sector entity that is not a financial institution pursuant to this section shall not be used for any purpose other than assisting a financial institution in identifying and reporting on activities that may involve the financing of terrorism, money laundering, proliferation financing, or other financial crimes, or in assisting FinCEN or another agency of the Federal Government in mitigating the risk of the financing of terrorism, money laundering, proliferation financing, or other criminal activities.. 6102. Adverse information in cases of trafficking (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after section 605B the following: 605C. Adverse information in cases of trafficking (a) Definitions In this section: (1) Trafficking documentation The term trafficking documentation means— (A) documentation of— (i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or (ii) by a court of competent jurisdiction; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (2) Trafficking Victims Protection Act of 2000 definitions The terms severe forms of trafficking in persons and sex trafficking have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Victim of trafficking The term victim of trafficking means a person who is a victim of a severe form of trafficking in persons or sex trafficking. (b) Adverse information A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (c) Rulemaking (1) In general Not later than 180 days after the date of the enactment of this section, the Director shall issue rules to implement subsection (a). (2) Contents The rules issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies.. (b) Table of contents amendment The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following: 605C. Adverse information in cases of trafficking.. (c) Application The amendments made by this section shall apply on the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(c) of the Fair Credit Reporting Act, as added by subsection (a) of this section. Any rule issued by the Director to implement such section 605C shall be limited to preventing a consumer reporting agency from furnishing a consumer report containing any adverse item of information about a consumer (as such terms are defined, respectively, in section 603 the Fair Credit Reporting Act ( 15 U.S.C. 1681a )) that resulted from trafficking. 605C. Adverse information in cases of trafficking (a) Definitions In this section: (1) Trafficking documentation The term trafficking documentation means— (A) documentation of— (i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or (ii) by a court of competent jurisdiction; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (2) Trafficking Victims Protection Act of 2000 definitions The terms severe forms of trafficking in persons and sex trafficking have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Victim of trafficking The term victim of trafficking means a person who is a victim of a severe form of trafficking in persons or sex trafficking. (b) Adverse information A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (c) Rulemaking (1) In general Not later than 180 days after the date of the enactment of this section, the Director shall issue rules to implement subsection (a). (2) Contents The rules issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts (a) In general Title XVI of the International Financial Institutions Act ( 22 U.S.C. 262p et seq. ) is amended by adding at the end the following: 1630. Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors.. (b) Report to the congress Within 1 year after the date of the enactment of this Act, and annually thereafter for the next 4 years, the Secretary of the Treasury shall report to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate on— (1) the activities of the International Monetary Fund in the then most recently completed fiscal year to provide technical assistance described in section 1630 of the International Financial Institutions Act (as added by this section), including the ability of the Fund to meet the demand for the assistance; and (2) the efficacy of efforts by the United States to achieve the policy goal described in such section and any further actions that should be taken, if necessary, to implement that goal. (c) Sunset The amendment made by subsection (a) shall have no force or effect after the 5-year period that begins with the date of the enactment of this Act. 1630. Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors. 6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank (a) Sense of the Congress It is the sense of the Congress that the United States should not support the recognition of, or dealing with, the State Administration Council, or any successor entity controlled by the military, as the government of Burma for the purpose of the provision of any loan or financial assistance by the International Monetary Fund, the World Bank Group, or the Asian Development Bank, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Policy Title XVI of the International Financial Institutions Act ( 22 U.S.C. 262p et seq. ), as amended by section 6103, is further amended by adding at the end the following: 1631. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank (a) Policy of the United States The Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Submission of written statements No later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection (a) or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board. (c) Waiver The President of the United States may waive the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and the oversight safeguards that will accompany such assistance; or (2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor. (d) World bank group defined In this section, the term World Bank Group means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.. (c) Sunset Section 1631 of the International Financial Institutions Act, as added by subsection (b), is repealed on the earlier of— (1) the date the President of the United States submits to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a certification that— (A) the Burmese military has released all political prisoners; (B) an elected government has been instated following free and fair elections; and (C) all government institutions involved in the provision of multilateral assistance are fully under civilian control; or (2) the date that is 10 years after the date of the enactment of this Act. 1631. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank (a) Policy of the United States The Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. (b) Submission of written statements No later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection (a) or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board. (c) Waiver The President of the United States may waive the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and the oversight safeguards that will accompany such assistance; or (2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor. (d) World bank group defined In this section, the term World Bank Group means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies (a) In general The Secretary of the Treasury (in this section referred to as the Secretary ) shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(2) )) that it is the policy of the United States to— (1) support assistance by the institution with respect to advanced wireless technologies (such as 5th generation wireless technology for digital cellular networks and related technologies) only if the technologies provide appropriate security for users; (2) proactively encourage assistance with respect to infrastructure or policy reforms that facilitate the use of secure advanced wireless technologies; and (3) cooperate, to the maximum extent practicable, with member states of the institution, particularly with United States allies and partners, in order to strengthen international support for such technologies. (b) Waiver authority The Secretary may waive subsection (a) on a case-by-case basis, on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— (1) will allow the United States to effectively promote the objectives of the policy described in subsection (a); or (2) is in the national interest of the United States, with an explanation of the reasons therefor. (c) Progress report The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the annual report required by section 1701 of the International Financial Institutions Act ( 22 U.S.C. 262r ) a description of progress made toward advancing the policy described in subsection (a) of this section. (d) Sunset The preceding provisions of this section shall have no force or effect after the earlier of— (1) the date that is 7 years after the date of the enactment of this Act; or (2) the date that the Secretary reports to the committees specified in subsection (b) that terminating the effectiveness of the provisions is important to the national interest of the United States, with a detailed explanation of the reasons therefor. 6106. Illicit finance improvements (a) Scope of the meetings of the supervisory team on countering illicit finance Section 6214(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 31 U.S.C. 5311 note) is amended by striking to combat the risk relating to proliferation financing and inserting for the purposes of countering illicit finance, including proliferation finance and sanctions evasion. (b) Combating Russian Money Laundering Section 9714 of the Combating Russian Money Laundering Act ( Public Law 116–283 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (f) and (g), respectively; and (2) by inserting after subsection (a) the following: (b) Classified information In any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information The exemptions from, and prohibitions on, search and disclosure provided in section 5319 of title 31, United States Code, shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a) of this section. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section. (d) Penalties The penalties provided for in sections 5321 and 5322 of title 31, United States Code, that apply to violations of special measures imposed under section 5318A of title 31, United States Code, shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section, in the same manner and to the same extent as described in sections 5321 and 5322. (e) Injunctions The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section in the same manner and to the same extent as described in section 5320 of title 31, United States Code.. 6107. Briefing on delegation of examination authority under the Bank Secrecy Act (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall, after consultation with State bank supervisors, Federal financial regulators, and other relevant stakeholders, conduct a briefing for the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with respect to the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury. (b) Contents The briefing conducted by the Secretary of the Treasury pursuant to subsection (a) shall address— (1) the current status of the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury, including with respect to the mission of the Bank Secrecy Act; (2) how frequently, on average, agencies delegated exam authority under the Bank Secrecy Act by the Secretary are able to examine entities for which they have delegated authorities; (3) whether agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have appropriate resources to perform such delegated responsibilities; and (4) whether the examiners within agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have sufficient training and support to perform delegated responsibilities. (c) Definitions In this section: (1) Bank Secrecy Act The term Bank Secrecy Act means— (A) section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ); (B) section 123 of Public Law 91–508 ; and (C) subchapter II of chapter 53 of title 31, United States Code. (2) Federal financial regulators The term Federal financial regulators means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Comptroller of the Currency, the Commodity Futures Trading Commission, the Securities and Exchange Commission, and the Commissioner of the Internal Revenue Service. (3) State bank supervisors The term State bank supervisors has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). 6201. Short title This title may be cited as the Foreign Service Families Act of 2021. 6202. Telecommuting opportunities (a) DETO policy (1) In general Each Federal department and agency shall establish a policy enumerating the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations where there is a related Foreign Service assignment pursuant to an approved Domestically Employed Teleworking Overseas (DETO) agreement, consistent with the requirements under section 6502 of title 5, United States code (relating to the executive agencies telework requirements), as amended by paragraph (2), and DETO requirements, as set forth in the Foreign Affairs Manual and Foreign Affairs Handbook of the Department of State. (2) Amendment Section 6502(b) of title 5, United States Code, is amended— (A) in paragraph (4)(B), by striking and after the semicolon; (B) in paragraph 5, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (6) enumerate the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations, provided that, except in emergency situations as determined by the head of the agency, such circumstances shall not include a situation in which an employee's official duties require on at least a monthly basis the direct handling of secure materials determined to be inappropriate for telework by the agency head.. (b) Access to ICASS system Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall revise chapter 900 of volume 6 of the Foreign Affairs Manual, the International Cooperative Administrative Support Services Handbook, the Personnel Operations Handbook, and any other relevant regulations to allow each Federal agency that has enacted a policy under subsection (a) to have access to the International Cooperative Administrative Support Services (ICASS) system. 6203. Employment and education programs for eligible family members of members of the Foreign Service Section 706(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4026(b) ) is amended— (1) in paragraph (1)— (A) by striking The Secretary may facilitate the employment of spouses of members of the Foreign Service by— and inserting The Secretary shall implement such measures as the Secretary considers necessary to facilitate the employment of spouses and members of the Service. The measures may include— ; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by amending subparagraph (C) to read as follows: (C) establishing a program for assisting eligible family members in accessing employment and education opportunities, as appropriate, including by exercising the authorities, in relevant part, under sections 1784 and 1784a of title 10, United States Code, and subject to such regulations as the Secretary may prescribe modeled after those prescribed pursuant to subsection (b) of such section 1784; ; (2) by redesignating paragraph (2) as paragraph (6); (3) by inserting after paragraph (1) the following new paragraphs: (2) The Secretary may prescribe regulations— (A) to provide preference to eligible family members in hiring for any civilian position in the Department, notwithstanding the prohibition on marital discrimination found in 5 U.S.C. 2302(b)(1)(E) , if — (i) the eligible family member is among persons determined to be best qualified for the position; and (ii) the position is located in the overseas country of assignment of their sponsoring employee; (B) to ensure that notice of any vacant position in the Department is provided in a manner reasonably designed to reach eligible family members of sponsoring employees whose permanent duty stations are in the same country as that in which the position is located; and (C) to ensure that an eligible family member who applies for a vacant position in the Department shall, to the extent practicable, be considered for any such position located in the same country as the permanent duty station of their sponsoring employee. (3) Nothing in this section may be construed to provide an eligible family member with entitlement or preference in hiring over an individual who is preference eligible. (4) Under regulations prescribed by the Secretary, a chief of mission may, consistent with all applicable laws and regulations pertaining to the ICASS system, make available to an eligible family member and a non-Department entity space in an embassy or consulate for the purpose of the non-Department entity providing employment-related training for eligible family members. (5) The Secretary may work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of eligible family member employment. ; and (4) by adding after paragraph (6), as redesignated by paragraph (2) of this subsection, the following new paragraph: (7) In this subsection, the term eligible family member refers to family members of government employees assigned abroad or hired for service at their post of residence who are appointed by the Secretary of State or the Administrator of the United States Agency for International Development pursuant to sections 102, 202, 303, and 311.. 6204. Briefing on Foreign Service family reserve corps (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the status of implementation of the Foreign Service Family Reserve Corps. (b) Elements The briefing required under subsection (a) shall include the following elements: (1) A description of the status of implementation of the Foreign Service Family Reserve Corps (FSFRC). (2) An assessment of the extent to which implementation was impacted by the Department’s hiring freeze and a detailed explanation of the effect of any such impacts. (3) A description of the status of implementation of a hiring preference for the FSFRC. (4) A detailed accounting of any individuals eligible for membership in the FSFRC who were unable to begin working at a new location as a result of being unable to transfer their security clearance, including an assessment of whether they would have been able to port their clearance as a member of the FSFRC if the program had been fully implemented. (5) An estimate of the number of individuals who are eligible to join the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals would enroll. (6) An estimate of the number of individuals who are enrolled in the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals enrolled. (7) An estimate of the number of individuals who were enrolled in each phase of the implementation of the FSFRC as detailed in guidance issued by the Under Secretary for Management. (8) An estimate of the number of individuals enrolled in the FSFRC who have successfully transferred a security clearance to a new post since implementation of the program began. (9) An estimate of the number of individuals enrolled in the FSFRC who have been unable to successfully transfer a security clearance to a new post since implementation of the program began. (10) An estimate of the number of individuals who have declined in writing to apply to the FSFRC. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. 6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees Section 311 of the Foreign Service Act of 1980 ( 22 U.S.C. 3951 ) is amended by adding at the end the following: (e) The Secretary shall hold a family member of a government employee described in subsection (a) seeking employment in a position described in that subsection to the same employment standards as those applicable to Foreign Service officers, Foreign Service personnel, or foreign national employees seeking the same or a substantially similar position.. 6206. In-State tuition rates for members of qualifying Federal service (a) In general Section 135 of the Higher Education Act of 1965 ( 20 U.S.C. 1015d ) is amended— (1) in the section heading, by striking the armed forces on active duty, spouses, and dependent children and inserting qualifying Federal service ; (2) in subsection (a), by striking member of the armed forces who is on active duty for a period of more than 30 days and and inserting member of a qualifying Federal service ; (3) in subsection (b), by striking member of the armed forces and inserting member of a qualifying Federal service ; and (4) by striking subsection (d) and inserting the following: (d) Definitions In this section, the term member of a qualifying Federal service means— (1) a member of the armed forces (as defined in section 101 of title 10, United States Code) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10, United States Code); or (2) a member of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 )) who is on active duty for a period of more than 30 days.. (b) Effective date The amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) for the first period of enrollment at such institution that begins after July 1, 2024. 6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service (a) In general Chapter 9 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4081 et seq. ) is amended by adding at the end the following new section: 907. Termination of residential or motor vehicle leases and telephone service contracts The terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act.. (b) Clerical amendment The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 906 the following new item: Sec. 907. Termination of residential or motor vehicle leases and telephone service contracts.. 907. Termination of residential or motor vehicle leases and telephone service contracts The terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act. 6301. Short title This title may be cited as the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021. 6302. Clarifying amendments to definitions Section 1403 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4702 ) is amended— (1) by striking paragraph (5) and inserting the following new paragraph (5): (5) The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any other territory or possession of the United States. ; and (2) by striking paragraph (6), by inserting the following new paragraph (6): (6) The term eligible person means— (A) a permanent resident alien of the United States; (B) a citizen or national of the United States; (C) a citizen of the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau; or (D) any person who may be admitted to lawfully engage in occupations and establish residence as a nonimmigrant in the United States as permitted under the Compact of Free Association agreements with the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau.. 6303. Barry Goldwater Scholarship and Excellence in Education Awards (a) Award of scholarships, fellowships, and research internships Section 1405(a) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4704(a) ) is amended— (1) in the subsection heading, by striking Award of scholarships and fellowships and inserting Award of scholarships, fellowships, and research internships ; (2) in paragraph (1)— (A) by striking scholarships and fellowships and inserting scholarships, fellowships, and research internships ; and (B) by striking science and mathematics and inserting the natural sciences, engineering, and mathematics ; (3) in paragraph (2), by striking mathematics and the natural sciences and inserting the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ) ; (4) in paragraph (3), by striking mathematics and the natural sciences and inserting the natural sciences, engineering, and mathematics ; (5) by redesignating paragraph (4) as paragraph (5); (6) in paragraph (5), as so redesignated, by striking scholarships and fellowships and inserting scholarships, fellowships, and research internships ; and (7) by inserting after paragraph (3) the following: (4) Research internships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ).. (b) Barry Goldwater Scholars and Research Interns Section 1405(b) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4704(b) ) is amended— (1) in the subsection heading, by adding and Research Interns after Scholars ; and (2) by adding at the end the following new sentence: Recipients of research internships under this title shall be known as Barry Goldwater Interns.. 6304. Stipends Section 1406 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4705 ) is amended by adding at the end the following: Each person awarded a research internship under this title shall receive a stipend as may be prescribed by the Board, which shall not exceed the maximum stipend amount awarded for a scholarship or fellowship.. 6305. Scholarship and research internship conditions Section 1407 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4706 ) is amended— (1) in the section heading, by inserting and research internship after scholarship ; (2) in subsection (a)— (A) by striking the subsection heading and inserting Scholarship conditions ; and (B) by striking and devoting full time to study or research and is not engaging in gainful employment other than employment approved by the Foundation ; (3) in subsection (b), by striking the subsection heading and inserting Reports on scholarships ; and (4) by adding at the end the following: (c) Research internship conditions A person awarded a research internship under this title may receive payments authorized under this title only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency pursuant to regulations of the Board. (d) Reports on research internships The Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a research internship under this title. Such reports may be accompanied by a certificate from an appropriate official at the institution of higher education or internship employer, approved by the Foundation, stating that such person is maintaining satisfactory progress in the internship.. 6306. Sustainable investments of funds Section 1408 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4707 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Investment in securities Notwithstanding subsection (b), the Secretary of the Treasury may invest any public or private funds received by the Foundation after the date of enactment of the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021 in securities other than or in addition to public debt securities of the United States, if— (1) the Secretary receives a determination from the Board that such investments are necessary to enable the Foundation to carry out the purposes of this title; and (2) the securities in which such funds are invested are traded in established United States markets. (d) Construction Nothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 4704, or to increase the amount of the stipend authorized by section 4705, as the Board considers appropriate and is otherwise consistent with the requirements of this title.. 6307. Administrative provisions Section 1411(a) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4710(a) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) appoint and fix the rates of basic pay of not more than three employees (in addition to the Executive Secretary appointed under section 4709) to carry out the provisions of this title, without regard to the provisions in chapter 33 of title 5, United States Code, governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that— (A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under section 5332 of title 5, United States Code; and (B) the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, United States Code, subject to the applicable limitation established under subsection (g) of such section; ; (2) in paragraph (2), by striking grade GS–18 under section 5332 of such title and inserting level IV of the Executive Schedule ; (3) in paragraph (7), by striking and at the end; (4) by redesignating paragraph (8) as paragraph (10); and (5) by inserting after paragraph (7) the following: (8) expend not more than 5 percent of the Foundation’s annual operating budget on programs that, in addition to or in conjunction with the Foundation’s scholarship financial awards, support the development of Goldwater Scholars throughout their professional careers; (9) expend not more than 5 percent of the Foundation’s annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and. 6401. Employee engagement steering committee and action plan (a) In general Title VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is amended by adding at the end the following new section: 711. Employee engagement (a) Steering committee Not later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: (1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. (2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. (3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. (4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. (5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications. (b) Action plan; reporting The Secretary, acting through the Chief Human Capital Officer, shall— (1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and (2) require the head of each component to— (A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; (B) monitor progress on implementation of such action plan; and (C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. (c) Termination This section shall terminate on the date that is five years after the date of the enactment of this section.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item: Sec. 711. Employee engagement.. (c) Submissions to Congress (1) Department-wide employee engagement action plan The Secretary of Homeland Security, acting through the Chief Human Capital Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the Department-wide employee engagement action plan required under subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of such plan under such subsection (b)(1). (2) Component-specific employee engagement plans Each head of a component of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the component-specific employee engagement plan of each such component required under subsection (b)(2) of section 711 of the Homeland Security Act of 2002 not later than 30 days after the issuance of each such plan under such subsection (b)(2). 711. Employee engagement (a) Steering committee Not later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: (1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. (2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. (3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. (4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. (5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications. (b) Action plan; reporting The Secretary, acting through the Chief Human Capital Officer, shall— (1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and (2) require the head of each component to— (A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; (B) monitor progress on implementation of such action plan; and (C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. (c) Termination This section shall terminate on the date that is five years after the date of the enactment of this section. 6402. Annual employee award program (a) In general Title VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ), as amended by section 6401 of this Act, is further amended by adding at the end the following new section: 712. Annual employee award program (a) In general The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall— (1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level; (2) publicize within the Department how any employee or group of employees may be nominated for an award; (3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; (4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and (5) publicize such program within the Department. (b) Internal review board The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees. (c) Rule of construction Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by section 6401 of this Act, is further amended by inserting after the item relating to section 711 the following new item: Sec. 712. Annual employee award program.. 712. Annual employee award program (a) In general The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall— (1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level; (2) publicize within the Department how any employee or group of employees may be nominated for an award; (3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; (4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and (5) publicize such program within the Department. (b) Internal review board The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees. (c) Rule of construction Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section. 6403. Chief Human Capital Officer responsibilities Section 704 of the Homeland Security Act of 2002 ( 6 U.S.C. 344 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by inserting , including with respect to leader development and employee engagement, after policies ; (ii) by striking and in line and inserting , in line ; and (iii) by inserting and informed by best practices within the Federal Government and the private sector, after priorities, ; (B) in paragraph (2), by striking develop performance measures to provide a basis for monitoring and evaluating and inserting use performance measures to evaluate, on an ongoing basis, ; (C) in paragraph (3), by inserting that, to the extent practicable, are informed by employee feedback after policies ; (D) in paragraph (4), by inserting including leader development and employee engagement programs, before in coordination ; (E) in paragraph (5), by inserting before the semicolon at the end the following: that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives ; (F) by redesignating paragraphs (9) and (10) as paragraphs (13) and (14), respectively; and (G) by inserting after paragraph (8) the following new paragraphs: (9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs; (10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees; (11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department; (12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives; ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection: (d) Chief Learning and Engagement Officer The Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section. ; and (4) in subsection (e), as so redesignated— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (1) the following new paragraphs: (2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction; (3) information on the progress of Departmentwide strategic workforce planning efforts as determined under paragraph (2) of subsection (b); (4) information on the activities of the steering committee established pursuant to section 711(a), including the number of meetings, types of materials developed and distributed, and recommendations made to the Secretary;. 6404. Independent investigation and implementation plan (a) In general Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall investigate whether the application in the Department of Homeland Security of discipline and adverse actions for managers and non-managers are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department that are appropriately calibrated to address the identified misconduct, taking into account relevant aggravating and mitigating factors. (b) Consultation In carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the Under Secretary for Management of the Department of Homeland Security and the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by section 6401(a) of this Act). (c) Action by Under Secretary for Management Upon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States in such investigation. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 711. 6405. Authorization of the acquisition professional career program (a) In general Title VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ), as amended by sections 6401 and 6402 of this Act, is further amended by adding at the end the following new section: 713. Acquisition professional career program (a) Establishment There is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. (b) Administration The Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). (c) Program requirements The Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. (1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. (2) Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program. (3) Carry out recruitment efforts to attract candidates— (A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; (B) with diverse work experience outside of the Federal Government; or (C) with military service. (4) Hire eligible candidates for designated positions under the program. (5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. (6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. (d) Reports Not later than one year after the date of the enactment of this section, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: (1) The number of candidates approved for the program. (2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information. (3) A breakdown of the number of participants hired under the program by type of acquisition position. (4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. (5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available. (6) The Department’s recruiting efforts for the program. (7) The Department’s efforts to promote retention of program participants. (e) Definitions In this section: (1) Hispanic-serving institution The term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (2) Historically Black colleges and universities The term historically Black colleges and universities has the meaning given the term part B institution in section 322(2) of Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ). (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by sections 6401 and 6402 of this Act, is further amended by inserting after the item relating to section 712 the following new item: Sec. 713. Acquisition professional career program.. 713. Acquisition professional career program (a) Establishment There is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. (b) Administration The Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). (c) Program requirements The Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. (1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. (2) Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program. (3) Carry out recruitment efforts to attract candidates— (A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; (B) with diverse work experience outside of the Federal Government; or (C) with military service. (4) Hire eligible candidates for designated positions under the program. (5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. (6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. (d) Reports Not later than one year after the date of the enactment of this section, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: (1) The number of candidates approved for the program. (2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information. (3) A breakdown of the number of participants hired under the program by type of acquisition position. (4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. (5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available. (6) The Department’s recruiting efforts for the program. (7) The Department’s efforts to promote retention of program participants. (e) Definitions In this section: (1) Hispanic-serving institution The term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (2) Historically Black colleges and universities The term historically Black colleges and universities has the meaning given the term part B institution in section 322(2) of Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ). (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). 6406. National urban security technology laboratory (a) In general Title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) is amended by adding at the end the following new section: 322. National urban security technology laboratory (a) In general The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2) of this Act. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. (b) Laboratory described The laboratory described in this subsection is the laboratory— (1) known, as of the date of the enactment of this section, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to section 303(1)(E) of this Act. (c) Laboratory activities The National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. (d) Rule of construction Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 321 the following new item: Sec. 322. National Urban Security Technology Laboratory.. 322. National urban security technology laboratory (a) In general The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2) of this Act. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. (b) Laboratory described The laboratory described in this subsection is the laboratory— (1) known, as of the date of the enactment of this section, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to section 303(1)(E) of this Act. (c) Laboratory activities The National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. (d) Rule of construction Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department. 6407. Department of Homeland Security Blue Campaign enhancement Section 434 of the Homeland Security Act of 2002 ( 6 U.S.C. 242 ) is amended— (1) in subsection (e)(6), by striking utilizing resources, and inserting developing and utilizing, in consultation with the Blue Campaign Advisory Board established pursuant to subsection (g), resources ; and (2) by adding at the end the following new subsections: (f) Web-based training programs To enhance training opportunities, the Director of the Blue Campaign shall develop web-based interactive training videos that utilize a learning management system to provide online training opportunities. During the 10-year period beginning on the date that is 90 days after the date of the enactment of this subsection such training opportunities shall be made available to the following individuals: (1) Federal, State, local, Tribal, and territorial law enforcement officers. (2) Non-Federal correction system personnel. (3) Such other individuals as the Director determines appropriate. (g) Blue campaign advisory board (1) In general There is established in the Department a Blue Campaign Advisory Board, which shall be comprised of representatives assigned by the Secretary from— (A) the Office for Civil Rights and Civil Liberties of the Department; (B) the Privacy Office of the Department; and (C) not fewer than four other separate components or offices of the Department. (2) Charter The Secretary is authorized to issue a charter for the Blue Campaign Advisory Board, and such charter shall specify the following: (A) The Board’s mission, goals, and scope of its activities. (B) The duties of the Board’s representatives. (C) The frequency of the Board’s meetings. (3) Consultation The Director shall consult the Blue Campaign Advisory Board and, as appropriate, experts from other components and offices of the Center for Countering Human Trafficking of the Department regarding the following: (A) Recruitment tactics used by human traffickers to inform the development of training and materials by the Blue Campaign. (B) The development of effective awareness tools for distribution to Federal and non-Federal officials to identify and prevent instances of human trafficking. (C) Identification of additional persons or entities that may be uniquely positioned to recognize signs of human trafficking and the development of materials for such persons. (h) Consultation With regard to the development of programs under the Blue Campaign and the implementation of such programs, the Director is authorized to consult with State, local, Tribal, and territorial agencies, non-governmental organizations, private sector organizations, and experts.. 6408. Medical countermeasures program (a) In general Subtitle C of title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 597 ) is amended by adding at the end the following new section: 1932. Medical countermeasures (a) In general Subject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to— (1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and (2) support the mission continuity of the Department. (b) Oversight The Secretary, acting through the Chief Medical Officer of the Department, shall— (1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and (2) develop standards for— (A) medical countermeasure storage, security, dispensing, and documentation; (B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate; (C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations; (D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures; (E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; (F) providing training to employees of the Department on medical countermeasures; and (G) supporting dispensing exercises. (c) Medical countermeasures working group The Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent. (d) Medical countermeasures management Not later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including— (1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated; (2) a replenishment plan; and (3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases. (e) Transfer Not later than 120 days after the date of enactment of this section, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer. (f) Stockpile elements In determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department— (1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and (2) may use, if available— (A) chemical, biological, radiological, and nuclear risk assessments of the Department; and (B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention. (g) Briefing Not later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding— (1) the plan developed under subsection (d); and (2) implementation of the requirements of this section. (h) Definition In this section, the term medical countermeasures means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 1931 the following new item: Sec. 1932. Medical countermeasures.. 1932. Medical countermeasures (a) In general Subject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to— (1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and (2) support the mission continuity of the Department. (b) Oversight The Secretary, acting through the Chief Medical Officer of the Department, shall— (1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and (2) develop standards for— (A) medical countermeasure storage, security, dispensing, and documentation; (B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate; (C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations; (D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures; (E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; (F) providing training to employees of the Department on medical countermeasures; and (G) supporting dispensing exercises. (c) Medical countermeasures working group The Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent. (d) Medical countermeasures management Not later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including— (1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated; (2) a replenishment plan; and (3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases. (e) Transfer Not later than 120 days after the date of enactment of this section, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer. (f) Stockpile elements In determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department— (1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and (2) may use, if available— (A) chemical, biological, radiological, and nuclear risk assessments of the Department; and (B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention. (g) Briefing Not later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding— (1) the plan developed under subsection (d); and (2) implementation of the requirements of this section. (h) Definition In this section, the term medical countermeasures means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic. 6409. Critical domain research and development (a) In general Subtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 et seq. ) is amended by adding at the end the following new section: 890B. Homeland security critical domain research and development (a) In general (1) Research and development The Secretary is authorized to conduct research and development to— (A) identify United States critical domains for economic security and homeland security; and (B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security. (2) Requirements (A) Risk analysis of critical domains The research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following: (i) The vulnerability and resilience of relevant supply chains. (ii) Foreign production, processing, and manufacturing methods. (iii) Influence of malign economic actors. (iv) Asset ownership. (v) Relationships within the supply chains of such domains. (vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction. (B) Additional research into high-risk critical domains Based on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall— (i) describe the underlying infrastructure and processes; (ii) analyze present and projected performance of industries that comprise or support such domain; (iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area; (iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries; (v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints; (vi) identify and define needs and requirements to establish supply resiliency within each such domain; and (vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances. (3) Consultation In conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders. (4) Publication Beginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026. (b) Submission to Congress Not later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report. (c) Definitions In this section: (1) United States critical domains for economic security The term United States critical domains for economic security means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States. (2) Economic security The term economic security means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values. (d) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.. (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 890A the following new item: Sec. 890B. Homeland security critical domain research and development.. 890B. Homeland security critical domain research and development (a) In general (1) Research and development The Secretary is authorized to conduct research and development to— (A) identify United States critical domains for economic security and homeland security; and (B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security. (2) Requirements (A) Risk analysis of critical domains The research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following: (i) The vulnerability and resilience of relevant supply chains. (ii) Foreign production, processing, and manufacturing methods. (iii) Influence of malign economic actors. (iv) Asset ownership. (v) Relationships within the supply chains of such domains. (vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction. (B) Additional research into high-risk critical domains Based on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall— (i) describe the underlying infrastructure and processes; (ii) analyze present and projected performance of industries that comprise or support such domain; (iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area; (iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries; (v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints; (vi) identify and define needs and requirements to establish supply resiliency within each such domain; and (vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances. (3) Consultation In conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders. (4) Publication Beginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026. (b) Submission to Congress Not later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report. (c) Definitions In this section: (1) United States critical domains for economic security The term United States critical domains for economic security means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States. (2) Economic security The term economic security means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values. (d) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section. 6410. CBP Donations Acceptance Program Reauthorization Section 482 of the Homeland Security Act of 2002 ( 6 U.S.C. 301a ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting or -leased before land ; and (ii) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting or -leased before land ; (II) in clause (i), by striking $50,000,000 and inserting $75,000,000 ; and (III) by amending clause (ii) to read as follows: (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years. ; and (B) in paragraph (3), in the matter preceding subparagraph (A), by inserting or -leased before land ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking Administrator of the General Services Administration and inserting Administrator of General Services ; (B) in paragraph (1)(C)— (i) in clause (i), by striking $50,000,000 and inserting $75,000,000 ; and (ii) by amending clause (ii) to read as follows: (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years. ; and (C) in paragraph (4)— (i) in subparagraph (A), by striking terminate and all that follows through the period at the end and inserting terminate on December 31, 2026. ; and (ii) in subparagraph (B), by striking carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date and inserting a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date ; (3) in subsection (c)(6)(B), by striking the donation will not be used for the construction of a detention facility or a border fence or wall. and inserting the following: (i) the donation will not be used for the construction of a detention facility or a border fence or wall; and (ii) the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise. ; (4) in subsection (d), in the matter preceding paragraph (1), by striking annual and inserting biennial ; and (5) in subsection (e), by striking Administrator of the General Services Administration and inserting Administrator of General Services. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response (a) Survey Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (referred to in this section as the Administrator ), in consultation with the labor organization certified as the exclusive representative of full- and part-time nonsupervisory Administration personnel carrying out screening functions under section 44901 of title 49, United States Code, shall conduct a survey of the Transportation Security Administration (referred to in this section as the Administration ) workforce regarding the Administration’s response to the COVID–19 pandemic. Such survey shall be conducted in a manner that allows for the greatest practicable level of workforce participation. (b) Contents In conducting the survey required under subsection (a), the Administrator shall solicit feedback on the following: (1) The Administration’s communication and collaboration with the Administration’s workforce regarding the Administration’s response to the COVID–19 pandemic and efforts to mitigate and monitor transmission of COVID–19 among its workforce, including through— (A) providing employees with personal protective equipment and mandating its use; (B) modifying screening procedures and Administration operations to reduce transmission among officers and passengers and ensuring compliance with such changes; (C) adjusting policies regarding scheduling, leave, and telework; (D) outreach as a part of contact tracing when an employee has tested positive for COVID–19; and (E) encouraging COVID–19 vaccinations and efforts to assist employees that seek to be vaccinated such as communicating the availability of duty time for travel to vaccination sites and recovery from vaccine side effects. (2) Any other topic determined appropriate by the Administrator. (c) Report Not later than 30 days after completing the survey required under subsection (a), the Administration shall provide a report summarizing the results of the survey to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 6412. Transportation Security Preparedness Plan (a) Plan required Section 114 of title 49, United States Code, is amended by adding at the end the following new subsection: (x) Transportation Security Preparedness Plan (1) In general Not later than two years after the date of the enactment of this subsection, the Secretary of Homeland Security, acting through the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), shall develop a transportation security preparedness plan to address the event of a communicable disease outbreak. The Secretary, acting through the Administrator, shall ensure such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks. (2) Considerations In developing the plan required under paragraph (1), the Secretary, acting through the Administrator, shall consider each of the following: (A) The findings of the survey required under section 6411 of the National Defense Authorization Act for Fiscal Year 2022. (B) The findings of the analysis required under section 6414 of the National Defense Authorization Act for Fiscal Year 2022. (C) The plan required under section 6415 of the National Defense Authorization Act for Fiscal Year 2022. (D) All relevant reports and recommendations regarding the Administration’s response to the COVID–19 pandemic, including any reports and recommendations issued by the Comptroller General and the Inspector General of the Department of Homeland Security. (E) Lessons learned from Federal interagency efforts during the COVID–19 pandemic. (3) Contents of plan The plan developed under paragraph (1) shall include each of the following: (A) Plans for communicating and collaborating in the event of a communicable disease outbreak with the following partners: (i) Appropriate Federal departments and agencies, including the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Department of Transportation, the Department of Labor, and appropriate interagency task forces. (ii) The workforce of the Administration, including through the labor organization certified as the exclusive representative of full- and part-time non-supervisory Administration personnel carrying out screening functions under section 44901 of this title. (iii) International partners, including the International Civil Aviation Organization and foreign governments, airports, and air carriers. (iv) Public and private stakeholders, as such term is defined under subsection (t)(1)(C). (v) The traveling public. (B) Plans for protecting the safety of the Transportation Security Administration workforce, including— (i) reducing the risk of communicable disease transmission at screening checkpoints and within the Administration’s workforce related to the Administration’s transportation security operations and mission; (ii) ensuring the safety and hygiene of screening checkpoints and other workstations; (iii) supporting equitable and appropriate access to relevant vaccines, prescriptions, and other medical care; and (iv) tracking rates of employee illness, recovery, and death. (C) Criteria for determining the conditions that may warrant the integration of additional actions in the aviation screening system in response to the communicable disease outbreak and a range of potential roles and responsibilities that align with such conditions. (D) Contingency plans for temporarily adjusting checkpoint operations to provide for passenger and employee safety while maintaining security during the communicable disease outbreak. (E) Provisions setting forth criteria for establishing an interagency task force or other standing engagement platform with other appropriate Federal departments and agencies, including the Department of Health and Human Services and the Department of Transportation, to address such communicable disease outbreak. (F) A description of scenarios in which the Administrator should consider exercising authorities provided under subsection (g) and for what purposes. (G) Considerations for assessing the appropriateness of issuing security directives and emergency amendments to regulated parties in various modes of transportation, including surface transportation, and plans for ensuring compliance with such measures. (H) A description of any potential obstacles, including funding constraints and limitations to authorities, that could restrict the ability of the Administration to respond appropriately to a communicable disease outbreak. (4) Dissemination Upon development of the plan required under paragraph (1), the Administrator shall disseminate the plan to the partners identified under paragraph (3)(A) and to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate. (5) Review of plan Not later than two years after the date on which the plan is disseminated under paragraph (4), and biennially thereafter, the Secretary, acting through the Administrator and in coordination with the Chief Medical Officer of the Department of Homeland Security, shall review the plan and, after consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), update the plan as appropriate.. (b) Comptroller General report Not later than one year after the date on which the transportation security preparedness plan required under subsection (x) of section 114 of title 49, United States Code, as added by subsection (a), is disseminated under paragraph (4) of such subsection (x), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of a study assessing the transportation security preparedness plan, including an analysis of— (1) whether such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks; and (2) the extent to which the Transportation Security Administration is prepared to implement the plan. 6413. Authorization of Transportation Security Administration personnel details (a) Coordination Pursuant to sections 106(m) and 114(m) of title 49, United States Code, the Administrator of the Transportation Security Administration may provide Transportation Security Administration personnel, who are not engaged in front line transportation security efforts, to other components of the Department and other Federal agencies to improve coordination with such components and agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States. (b) Briefing Not later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding efforts to improve coordination with other components of the Department of Homeland Security and other Federal agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States. 6414. Transportation Security Administration preparedness (a) Analysis (1) In general The Administrator of the Transportation Security Administration shall conduct an analysis of preparedness of the transportation security system of the United States for public health threats. Such analysis shall assess, at a minimum, the following: (A) The risks of public health threats to the transportation security system of the United States, including to transportation hubs, transportation security stakeholders, Transportation Security Administration (TSA) personnel, and passengers. (B) Information sharing challenges among relevant components of the Department of Homeland Security, other Federal agencies, international entities, and transportation security stakeholders. (C) Impacts to TSA policies and procedures for securing the transportation security system. (2) Coordination The analysis conducted of the risks described in paragraph (1)(A) shall be conducted in coordination with the Chief Medical Officer of the Department of Homeland Security, the Secretary of Health and Human Services, and transportation security stakeholders. (b) Briefing Not later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees on the following: (1) The analysis required under subsection (a). (2) Technologies necessary to combat public health threats at security screening checkpoints, such as testing and screening technologies, including temperature screenings, to better protect from future public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area of an airport through such checkpoints, and the estimated cost of technology investments needed to fully implement across the aviation system solutions to such threats. (3) Policies and procedures implemented by TSA and transportation security stakeholders to protect from public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area through the security screening checkpoints, as well as future plans for additional measures relating to such protection. (4) The role of TSA in establishing priorities, developing solutions, and coordinating and sharing information with relevant domestic and international entities during a public health threat to the transportation security system, and how TSA can improve its leadership role in such areas. (c) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate. (2) The term sterile area has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations. (3) The term TSA means the Transportation Security Administration. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints (a) In general Not later than 90 days after the date of the enactment of this Act, the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, shall issue and commence implementing a plan to enhance, as appropriate, security operations at airports during the COVID–19 national emergency in order to reduce risk of the spread of the coronavirus at passenger screening checkpoints and among the TSA workforce. (b) Contents The plan required under subsection (a) shall include the following: (1) An identification of best practices developed and screening technologies deployed in response to the coronavirus among foreign governments, airports, and air carriers conducting aviation security screening operations, as well as among Federal agencies conducting similar security screening operations outside of airports, including in locations where the spread of the coronavirus has been successfully contained, that could be further integrated into the United States aviation security system. (2) Specific operational changes to aviation security screening operations informed by the identification of best practices and screening technologies under paragraph (1) that could be implemented without degrading aviation security and a corresponding timeline and costs for implementing such changes. (c) Considerations In carrying out the identification of best practices under subsection (b), the Administrator shall take into consideration the following: (1) Aviation security screening procedures and practices in place at security screening locations, including procedures and practices implemented in response to the coronavirus. (2) Volume and average wait times at each such security screening location. (3) Public health measures already in place at each such security screening location. (4) The feasibility and effectiveness of implementing similar procedures and practices in locations where such are not already in place. (5) The feasibility and potential benefits to security, public health, and travel facilitation of continuing any procedures and practices implemented in response to the COVID–19 national emergency beyond the end of such emergency. (d) Consultation In developing the plan required under subsection (a), the Administrator may consult with public and private stakeholders and the TSA workforce, including through the labor organization certified as the exclusive representative of full- and part-time nonsupervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code. (e) Submission Upon issuance of the plan required under subsection (a), the Administrator shall submit the plan to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (f) Issuance and implementation The Administrator shall not be required to issue or implement, as the case may be, the plan required under subsection (a) upon the termination of the COVID–19 national emergency except to the extent the Administrator determines such issuance or implementation, as the case may be, to be feasible and beneficial to security screening operations. (g) GAO review Not later than one year after the issuance of the plan required under subsection (a) (if such plan is issued in accordance with subsection (f)), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review, if appropriate, of such plan and any efforts to implement such plan. (h) Definitions In this section: (1) The term Administrator means the Administrator of the Transportation Security Administration. (2) The term coronavirus has the meaning given such term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ). (3) The term COVID–19 national emergency means the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) on March 13, 2020, with respect to the coronavirus. (4) The term public and private stakeholders has the meaning given such term in section 114(t)(1)(C) of title 49, United States Code. (5) The term TSA means the Transportation Security Administration. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of Department of Homeland Security trusted traveler programs. Such review shall examine the following: (1) The extent to which the Department of Homeland Security tracks data and monitors trends related to trusted traveler programs, including root causes for identity-matching errors resulting in an individual’s enrollment in a trusted traveler program being reinstated. (2) Whether the Department coordinates with the heads of other relevant Federal, State, local, Tribal, or territorial entities regarding redress procedures for disqualifying offenses not covered by the Department’s own redress processes but which offenses impact an individual’s enrollment in a trusted traveler program. (3) How the Department may improve individuals’ access to reconsideration procedures regarding a disqualifying offense for enrollment in a trusted traveler program that requires the involvement of any other Federal, State, local, Tribal, or territorial entity. (4) The extent to which travelers are informed about reconsideration procedures regarding enrollment in a trusted traveler program. 6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs Notwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon reenrollment in such a program by such an individual. 6418. Threat information sharing (a) Prioritization The Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under section 210A of the Homeland Security Act of 2002 ( 6 U.S.C. 124h ) from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participating State, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing, in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, of information regarding threats of terrorism and other threats, including targeted violence. (b) Intelligence products Officers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on such products that relate to threats of terrorism and other threats, including targeted violence, to surface transportation assets that— (1) assist State, local, and Tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to such threats; (2) promote more consistent and timely sharing with and among jurisdictions of threat information; and (3) enhance the Department of Homeland Security’s situational awareness of such threats. (c) Clearances The Secretary of Homeland Security shall make available to appropriate owners and operators of surface transportation assets, and to any other person that the Secretary determines appropriate to foster greater sharing of classified information relating to threats of terrorism and other threats, including targeted violence, to surface transportation assets, the process of application for security clearances under Executive Order No. 13549 (75 Fed. Reg. 162; relating to a classified national security information program) or any successor Executive order. (d) Report to Congress Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes a detailed description of the measures used to ensure privacy rights, civil rights, and civil liberties protections in carrying out this section. (e) GAO report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the implementation of this section, including an assessment of the measures used to ensure privacy rights, civil rights, and civil liberties protections, and any recommendations to improve this implementation, together with any recommendations to improve information sharing with State, local, Tribal, territorial, and private sector entities to prevent, identify, and respond to threats of terrorism and other threats, including targeted violence, to surface transportation assets. (f) Definitions In this section: (1) The term surface transportation asset includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1131(5) )); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of— (i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1151(4) )); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. (2) The term targeted violence means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death. (3) The term terrorism means the terms— (A) domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and (B) international terrorism (as such term is defined in section 2331(1) of title 18, United States Code). 6419. Local law enforcement security training (a) In general The Secretary of Homeland Security, in consultation with public and private sector stakeholders, may in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to threats of terrorism and other threats, including targeted violence, at a surface transportation asset. (b) Requirements If the Secretary of Homeland Security develops the training program described in subsection (a), such training program shall— (1) be informed by current information regarding tactics used by terrorists and others engaging in targeted violence; (2) include tactical instruction tailored to the diverse nature of the surface transportation asset operational environment; and (3) prioritize training officers from law enforcement agencies that are eligible for or receive grants under sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) and officers employed by railroad carriers that operate passenger service, including interstate passenger service. (c) Report If the Secretary of Homeland Security develops the training program described in subsection (a), not later than one year after the date on which the Secretary first implements the program, and annually thereafter during each year the Secretary carries out the program, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the program. Each such report shall include, for the year covered by the report— (1) a description of the curriculum for the training and any changes to such curriculum; (2) an identification of any contracts entered into for the development or provision of training under the program; (3) information on the law enforcement agencies the personnel of which received the training, and for each such agency, the number of participants; and (4) a description of the measures used to ensure the program was carried out to provide for protections of privacy rights, civil rights, and civil liberties. (d) Definitions In this section: (1) The term public and private sector stakeholders has the meaning given such term in section 114(t)(1)(c) of title 49, United States Code. (2) The term surface transportation asset includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1131(5) )); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of— (i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1151(4) )); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. (3) The term targeted violence means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death. (4) The term terrorism means the terms— (A) domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and (B) international terrorism (as such term is defined in section 2331(1) of title 18, United States Code). 6420. Allowable uses of funds for public transportation security assistance grants Subparagraph (A) of section 1406(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135(b)(2) ; Public Law 110–53 ) is amended by inserting and associated backfill after security training. 6421. Periods of performance for public transportation security assistance grants Section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 ; Public Law 110–53 ) is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: (m) Periods of performance (1) In general Except as provided in paragraph (2), funds provided pursuant to a grant awarded under this section for a use specified in subsection (b) shall remain available for use by a grant recipient for a period of not fewer than 36 months. (2) Exception Funds provided pursuant to a grant awarded under this section for a use specified in subparagraph (M) or (N) of subsection (b)(1) shall remain available for use by a grant recipient for a period of not fewer than 48 months.. 6422. GAO review of public transportation security assistance grant program (a) In general The Comptroller General of the United States shall conduct a review of the public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 ; Public Law 110–53 ). (b) Scope The review required under paragraph (1) shall include the following: (1) An assessment of the type of projects funded under the public transportation security grant program referred to in such paragraph. (2) An assessment of the manner in which such projects address threats to public transportation infrastructure. (3) An assessment of the impact, if any, of sections 5342 through 5345 (including the amendments made by this Act) on types of projects funded under the public transportation security assistance grant program. (4) An assessment of the management and administration of public transportation security assistance grant program funds by grantees. (5) Recommendations to improve the manner in which public transportation security assistance grant program funds address vulnerabilities in public transportation infrastructure. (6) Recommendations to improve the management and administration of the public transportation security assistance grant program. (c) Report Not later than one year after the date of the enactment of this Act and again not later than five years after such date of enactment, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section. 6423. Sensitive security information; aviation security (a) Sensitive security information (1) In general Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall— (A) ensure clear and consistent designation of Sensitive Security Information , including reasonable security justifications for such designation; (B) develop and implement a schedule to regularly review and update, as necessary, TSA Sensitive Security Information identification guidelines; (C) develop a tracking mechanism for all Sensitive Security Information redaction and designation challenges; (D) document justifications for changes in position regarding Sensitive Security Information redactions and designations, and make such changes accessible to TSA personnel for use with relevant stakeholders, including air carriers, airport operators, surface transportation operators, and State and local law enforcement, as necessary; and (E) ensure that TSA personnel are adequately trained on appropriate designation policies. (2) Stakeholder outreach Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall conduct outreach to relevant stakeholders described in paragraph (1)(D) that regularly are granted access to Sensitive Security Information to raise awareness of the TSA’s policies and guidelines governing the designation and use of Sensitive Security Information. (b) Aviation security (1) In general Not later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop and implement guidelines with respect to domestic and last point of departure airports to— (A) ensure the inclusion, as appropriate, of air carriers, domestic airport operators, and other transportation security stakeholders in the development and implementation of security directives and emergency amendments; (B) document input provided by air carriers, domestic airport operators, and other transportation security stakeholders during the security directive and emergency amendment, development, and implementation processes; (C) define a process, including timeframes, and with the inclusion of feedback from air carriers, domestic airport operators, and other transportation security stakeholders, for cancelling or incorporating security directives and emergency amendments into security programs; (D) conduct engagement with foreign partners on the implementation of security directives and emergency amendments, as appropriate, including recognition if existing security measures at a last point of departure airport are found to provide commensurate security as intended by potential new security directives and emergency amendments; and (E) ensure that new security directives and emergency amendments are focused on defined security outcomes. (2) Briefing to Congress Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the guidelines described in paragraph (1). (3) Decisions not subject to judicial review Notwithstanding any other provision of law, any action of the Administrator of the Transportation Security Administration under paragraph (1) is not subject to judicial review. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations (a) In general The United States is authorized to participate in the Coalition for Epidemic Preparedness Innovations (referred to in this section as CEPI ). (b) Investors council and board of directors (1) Initial designation The President shall designate an employee of the United States Agency for International Development to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States during the period beginning on the date of such designation and ending on September 30, 2022. (2) Ongoing designations The President may designate an employee of the relevant Federal department or agency with fiduciary responsibility for United States contributions to CEPI to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States. (3) Qualifications Any employee designated pursuant to paragraph (1) or (2) shall have demonstrated knowledge and experience in the field of development and, if designated from a Federal department or agency with primary fiduciary responsibility for United States contributions pursuant to paragraph (2), in the field of public health, epidemiology, or medicine. (4) Coordination In carrying out the responsibilities under this section, any employee designated pursuant to paragraph (1) or (2) shall coordinate with the Secretary of Health and Human Services to promote alignment, as appropriate, between CEPI and the strategic objectives and activities of the Secretary of Health and Human Services with respect to the research, development, and procurement of medical countermeasures, consistent with titles III and XXVIII of the Public Health Service Act ( 42 U.S.C. 241 et seq. and 300hh et seq.). (c) Consultation Not later than 60 days after the date of the enactment of this Act, the employee designated pursuant to subsection (b)(1) shall consult with the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives regarding— (1) the manner and extent to which the United States plans to participate in CEPI, including through the governance of CEPI; (2) any planned financial contributions from the United States to CEPI; and (3) how participation in CEPI is expected to support— (A) the applicable revision of the National Biodefense Strategy required under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 ( 6 U.S.C. 104 ); and (B) any other relevant programs relating to global health security and biodefense. 6502. Required notification and reports related to Peacekeeping Operations account (a) Congressional notification Not later than 15 days prior to the obligation of amounts made available to provide assistance pursuant to section 551 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 ), the Secretary of State shall submit to the appropriate congressional committees a notification, in accordance with the applicable procedures under section 634A of such Act ( 22 U.S.C. 2394–1 ), that includes, with respect to such assistance, the following: (1) An itemized identification of each foreign country or entity the capabilities of which the assistance is intended to support. (2) An identification of the amount, type, and purpose of assistance to be provided to each such country or entity. (3) An assessment of the capacity of each such country or entity to effectively implement, benefit from, or use the assistance to be provided for the intended purpose identified under paragraph (2). (4) A description of plans to encourage and monitor adherence to international human rights and humanitarian law by the foreign country or entity receiving the assistance. (5) An identification of any implementers, including third party contractors or other such entities, and the anticipated timeline for implementing any activities to carry out the assistance. (6) As applicable, a description of plans to sustain and account for any military or security equipment and subsistence funds provided as an element of the assistance beyond the date of completion of such activities, including the estimated cost and source of funds to support such sustainment. (7) An assessment of how such activities promote the following: (A) The diplomatic and national security objectives of the United States. (B) The objectives and regional strategy of the country or entity receiving the assistance. (C) The priorities of the United States regarding the promotion of good governance, rule of law, the protection of civilians, and human rights. (D) The peacekeeping capabilities of partner countries of the country or entity receiving the assistance, including an explanation if such activities do not support peacekeeping. (8) An assessment of the possible impact of such activities on local political and social dynamics, including a description of any consultations with local civil society. (b) Reports on programs under Peacekeeping Operations account (1) Annual report Not later than 90 days after the enactment of this Act, and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report on any security assistance made available, during the three fiscal years preceding the date on which the report is submitted, to foreign countries that received assistance authorized under section 551 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 ) for any of the following purposes: (A) Building the capacity of the foreign military, border security, or law enforcement entities, of the country. (B) Strengthening the rule of law of the country. (C) Countering violent extremist ideology or recruitment within the country. (2) Matters Each report under paragraph (1) shall include, with respect to each foreign country that has received assistance as specified in such paragraph, the following: (A) An identification of the authority used to provide such assistance and a detailed description of the purpose of assistance provided. (B) An identification of the amount of such assistance and the program under which such assistance was provided. (C) A description of the arrangements to sustain any equipment provided to the country as an element of such assistance beyond the date of completion of the assistance, including the estimated cost and source of funds to support such sustainment. (D) An assessment of the impact of such assistance on the peacekeeping capabilities and security situation of the country, including with respect to the levels of conflict and violence, the local, political, and social dynamics, and the human rights record, of the country. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committees on Appropriations of the Senate and of the House of Representatives. 6503. Transnational Repression Accountability and Prevention (a) Sense of Congress It is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL's databases and processes, including Notice and Diffusion mechanisms, to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists. (b) Support for INTERPOL institutional reforms The Attorney General and the Secretary of State shall— (1) use the voice, vote, and influence of the United States, as appropriate, within INTERPOL’s General Assembly and Executive Committee to promote reforms aimed at improving the transparency of INTERPOL and ensuring its operation consistent with its Constitution, particularly articles 2 and 3, and Rules on the Processing of Data, including— (A) supporting INTERPOL’s reforms enhancing the screening process for Notices, Diffusions, and other INTERPOL communications to ensure they comply with INTERPOL’s Constitution and Rules on the Processing of Data (RPD); (B) supporting and strengthening INTERPOL’s coordination with the Commission for Control of INTERPOL’s Files (CCF) in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of articles 2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit such member country from seeking the publication or issuance of any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual based on the same set of claims or facts; (C) increasing, to the extent practicable, dedicated funding to the CCF and the Notices and Diffusions Task Force in order to further expand operations related to the review of requests for red notices and red diffusions; (D) supporting candidates for positions within INTERPOL’s structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have demonstrated experience relating to and respect for the rule of law; (E) seeking to require INTERPOL in its annual report to provide a detailed account, disaggregated by member country or entity of— (i) the number of Notice requests, disaggregated by color, that it received; (ii) the number of Notice requests, disaggregated by color, that it rejected; (iii) the category of violation identified in each instance of a rejected Notice; (iv) the number of Diffusions that it cancelled without reference to decisions by the CCF; and (v) the sources of all INTERPOL income during the reporting period; and (F) supporting greater transparency by the CCF in its annual report by providing a detailed account, disaggregated by country, of— (i) the number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications; and (ii) the category of violation alleged in each such complaint; (2) inform the INTERPOL General Secretariat about incidents in which member countries abuse INTERPOL communications for politically motivated or other unlawful purposes so that, as appropriate, action can be taken by INTERPOL; and (3) request to censure member countries that repeatedly abuse and misuse INTERPOL's red notice and red diffusion mechanisms, including restricting the access of those countries to INTERPOL's data and information systems. (c) Report on INTERPOL (1) In general Not later than 180 days after the date of enactment of this Act, and biannually thereafter for a period of 4 years, the Attorney General and the Secretary of State, in consultation with the heads of other relevant United States Government departments or agencies, shall submit to the appropriate committees of Congress a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A list of countries that the Attorney General and the Secretary determine have repeatedly abused and misused the red notice and red diffusion mechanisms for political purposes. (B) A description of the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited. (C) An assessment of the adequacy of INTERPOL mechanisms for challenging abusive requests, including the Commission for the Control of INTERPOL’s Files (CCF), an assessment of the CCF’s March 2017 Operating Rules, and any shortcoming the United States believes should be addressed. (D) A description of how INTERPOL's General Secretariat identifies requests for red notice or red diffusions that are politically motivated or are otherwise in violation of INTERPOL's rules and how INTERPOL reviews and addresses cases in which a member country has abused or misused the red notice and red diffusion mechanisms for overtly political purposes. (E) A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents. (F) A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (G) A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity. (H) A description of United States advocacy for reform and good governance within INTERPOL. (I) A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (3) Form of report Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex, as appropriate. The unclassified portion of the report shall be posted on a publicly available website of the Department of State and of the Department of Justice. (4) Briefing Not later than 30 days after the submission of each report under paragraph (1), the Department of Justice and the Department of State, in coordination with other relevant United States Government departments and agencies, shall brief the appropriate committees of Congress on the content of the reports and recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL. (d) Prohibition regarding basis for extradition No United States Government department or agency may extradite an individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual. (e) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (2) INTERPOL communications The term INTERPOL communications means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL. 6504. Human rights awareness for American athletic delegations (a) Sense of Congress It is the sense of Congress that individuals representing the United States at international athletic competitions in foreign countries should have the opportunity to be informed about human rights and security concerns in such countries and how best to safeguard their personal security and privacy. (b) In general (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall devise and implement a strategy for disseminating briefing materials, including information described in subsection (c), to individuals representing the United States at international athletic competitions in a covered country. (2) Timing and form of materials (A) In general The briefing materials referred to in paragraph (1) shall be offered not later than 180 days prior to the commencement of an international athletic competition in a covered country. (B) Form of delivery Briefing materials related to the human rights record of covered countries may be delivered electronically or disseminated in person, as appropriate. (C) Special consideration Information briefing materials related to personal security risks may be offered electronically, in written format, by video teleconference, or prerecorded video. (3) Consultations In devising and implementing the strategy required under paragraph (1), the Secretary of State shall consult with the following: (A) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate, not later than 90 days after the date of the enactment of this Act. (B) Leading human rights nongovernmental organizations and relevant subject-matter experts in determining the content of the briefings required under this subsection. (C) The United States Olympic and Paralympic Committee and the national governing bodies of amateur sports that play a role in determining which individuals represent the United States in international athletic competitions, regarding the most appropriate and effective method to disseminate briefing materials. (c) Content of briefings The briefing materials required under subsection (b) shall include, with respect to a covered country hosting an international athletic competition in which individuals may represent the United States, the following: (1) Information on the human rights concerns present in such covered country, as described in the Department of State’s Annual Country Reports on Human Rights Practices. (2) Information, as applicable, on risks such individuals may face to their personal and digital privacy and security, and recommended measures to safeguard against certain forms of foreign intelligence targeting, as appropriate. (d) Covered country defined In this section, the term covered country means, with respect to a country hosting an international athletic competition in which individuals representing the United States may participate, any of the following: (1) Any Communist country specified in subsection (f) of section 620 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(f) ). (2) Any country ranked as a Tier 3 country in the most recent Department of State’s annual Trafficking in Persons Report. (3) Any other country the Secretary of State determines presents serious human rights concerns for the purpose of informing such individuals. (4) Any country the Secretary of State, in consultation with other cabinet officials as appropriate, determines presents a serious counterintelligence risk. 6505. Cooperation between the United States and Ukraine regarding the titanium industry (a) Statement of policy It is the policy of the United States to engage with the Government of Ukraine on cooperation in the titanium industry as a potential alternative to Chinese and Russian sources on which the United States and Europe currently depend. (b) Reporting requirement Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that describes the feasibility of utilizing titanium sources from Ukraine as a potential alternative to Chinese and Russian sources. (c) Form The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing The Countering Russian Influence in Europe and Eurasia Act of 2017 ( 22 U.S.C. 9501 et seq. ) is amended— (1) in section 261(b)(2)— (A) by striking 2020 and inserting 2024 ; and (B) by striking 2022 and inserting 2026 ; (2) in section 262— (A) in paragraph (1)— (i) by striking in the documents entitled 2015 National Money Laundering Risk Assessment and 2015 National Terrorist Financing Risk Assessment , and inserting in the documents entitled 2020 National Strategy for Combating Terrorist and Other Illicit Financing and 2022 National Strategy for Combating Terrorist and Other Illicit Financing ; and (ii) by striking the broader counter terrorism strategy of the United States and inserting the broader counter terrorism and national security strategies of the United States ; (B) in paragraph (6)— (i) by striking Prevention of illicit finance and inserting prevention, detection, and disruption of illicit finance ; (ii) by striking private financial sector and inserting private sector, including financial and other relevant industries, ; and (iii) by striking with regard to the prevention and detection of illicit finance and inserting with regard to the prevention, detection, and disruption of illicit finance ; and (C) in paragraph (8), by striking such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime,. 6507. Report on net worth of Syrian President Bashar al-Assad (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the estimated net worth and known sources of income of Syrian President Bashar al-Assad and his family members (including spouse, children, siblings, and paternal and maternal cousins), including income from corrupt or illicit activities and including assets, investments, other business interests, and relevant beneficial ownership information. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary. The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. 6508. Annual report on United States policy toward South Sudan (a) Sense of Congress It is the sense of Congress that— (1) the signatories to the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, signed on September 12, 2018, have delayed implementation, leading to continued conflict and instability in South Sudan; (2) despite years of fighting, 2 peace agreements, punitive actions by the international community, and widespread suffering among civilian populations, the leaders of South Sudan have failed to build sustainable peace; (3) the United Nations arms embargo on South Sudan, most recently extended by 1 year to May 31, 2022, through United Nations Security Council Resolution 2577 (2021), is necessary to stem the illicit transfer and destabilizing accumulation and misuse of small arms and light weapons in perpetuation of the conflict in South Sudan; (4) the United States should call on other member states of the United Nations to redouble efforts to enforce the United Nations arms embargo on South Sudan; and (5) the United States, through the United States Mission to the United Nations, should use its voice and vote in the United Nations Security Council in favor of maintaining the United Nations arms embargo on South Sudan until— (A) the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan is fully implemented; or (B) credible, fair, and transparent democratic elections are held in South Sudan. (b) Report required (1) In general Not later than 90 days after the date of the enactment of this Act and annually thereafter for 5 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the heads of other Federal department and agencies as necessary, shall submit to the appropriate congressional committees a report on United States policy toward South Sudan, including the most recent approved interagency strategy developed to address political, security, and humanitarian issues prevalent in the country since it gained independence from Sudan in July 2011. (2) Elements The report required by paragraph (1) shall include the following: (A) An assessment of the situation in South Sudan, including the role of South Sudanese government officials in intercommunal violence, corruption, and obstruction of the peace process. (B) An assessment of the status of the implementation of the 2018 R-ARCSS and the ongoing peace processes. (C) A detailed description of United States assistance and other efforts to support peace processes in South Sudan, including an assessment of the efficacy of stakeholder engagement and United States assistance to advance peacebuilding, conflict mitigation, and other related activities. (D) An assessment of the United Nations Mission in South Sudan capacity and progress in fulfilling its mandate over the last 3 fiscal years. (E) A detailed description of United States funding for emergency and non-emergency humanitarian and development assistance to South Sudan, as well as support provided to improve anti-corruption and fiscal transparency efforts in South Sudan over the last 5 fiscal years. (F) A summary of United States efforts to promote accountability for human rights abuses and an assessment of efforts by the Government of South Sudan and the African Union, respectively, to hold responsible parties accountable. (G) Analysis of the impact of domestic and international sanctions on deterring and combating corruption, mitigating and reducing conflict, and holding those responsible for human rights abuses accountable. (H) An assessment of the prospects for, and impediments to, holding credible general elections. (3) Form The report required by paragraph (1) shall be submitted in unclassified form and posted to a website of the Department of State, may include a classified annex, and shall be accompanied by a briefing as determined necessary. (c) Briefing Not later than 90 days after the date of the enactment of this Act and annually thereafter for 2 years, the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other Federal department and agencies as necessary, shall brief the appropriate congressional committees on United States efforts, including assistance provided by the Department of Treasury and United States law enforcement and intelligence communities, to detect and deter money laundering and counter illicit financial flows, trafficking in persons, weapons, and other illicit goods, and the financing of terrorists and armed groups. Such briefing shall be provided in unclassified setting and may include a classified briefing as determined necessary. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Banking, and the Committee on Appropriations of the Senate; (2) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. 6509. Strategy for engagement with Southeast Asia and ASEAN (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other Federal departments and agencies as appropriate, shall develop and submit to the appropriate congressional committees a comprehensive strategy for engagement with Southeast Asia and the Association of Southeast Asian Nations (ASEAN). (b) Matters To be included The strategy required by subsection (a) shall include the following: (1) A statement of enduring United States interests in Southeast Asia and a description of efforts to bolster the effectiveness of ASEAN. (2) A description of efforts to— (A) deepen and expand Southeast Asian alliances, partnerships, and multilateral engagements, including efforts to expand broad based and inclusive economic growth, security ties, security cooperation and interoperability, economic connectivity, and expand opportunities for ASEAN to work with other like-minded partners in the region; and (B) encourage like-minded partners outside of the Indo-Pacific region to engage with ASEAN. (3) A summary of initiatives across the whole of the United States Government to strengthen the United States partnership with Southeast Asian nations and ASEAN, including to promote broad based and inclusive economic growth, trade, investment, energy innovation and sustainability, public-private partnerships, physical and digital infrastructure development, education, disaster management, public health and global health security, and economic, political, and public diplomacy in Southeast Asia. (4) A summary of initiatives across the whole of the United States Government to enhance the capacity of Southeast Asian nations with respect to enforcing international law and multilateral sanctions, and initiatives to cooperate with ASEAN as an institution in these areas. (5) A summary of initiatives across the whole of the United States Government to promote human rights and democracy, to strengthen the rule of law, civil society, and transparent governance, to combat disinformation and to protect the integrity of elections from outside influence. (6) A summary of initiatives to promote security cooperation and security assistance within Southeast Asian nations, including— (A) maritime security and maritime domain awareness initiatives for protecting the maritime commons and supporting international law and freedom of navigation in the South China Sea; and (B) efforts to combat terrorism, human trafficking, piracy, and illegal fishing, and promote more open, reliable routes for sea lines of communication. (c) Distribution of strategy For the purposes of assuring allies and partners in Southeast Asia and deepening United States engagement with ASEAN, the Secretary of State shall direct each United States chief of mission to ASEAN and its member states to distribute the strategy required by subsection (a) to host governments. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. 6510. Supporting democracy in Burma (a) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Foreign Affairs of the House of Representatives ; (3) the Committee on Appropriations of the Senate ; (4) the Committee on Appropriations of the House of Representatives ; (5) the Committee on Armed Services of the Senate ; (6) the Committee on Armed Services of the House of Representatives ; (7) the Committee on Banking, Housing, and Urban Affairs of the Senate ; and (8) the Committee on Financial Services of the House of Representatives. (b) Briefing required (1) In general Not later than 60 days after the date of the enactment of this Act, the following officials shall jointly brief the appropriate congressional committees regarding actions taken by the United States Government to further United States policy and security objectives in Burma (officially known as the Republic of the Union of Myanmar ): (A) The Assistant Secretary of State for East Asian and Pacific Affairs. (B) The Counselor of the Department of State. (C) The Under Secretary of the Treasury for Terrorism and Financial Intelligence. (D) The Assistant to the Administrator for the Bureau for Conflict Prevention and Stabilization. (E) Additional officials from the Department of Defense or the Intelligence Community, as appropriate. (2) Information required The briefing required under paragraph (1) shall include— (A) a detailed description of the specific United States policy and security objectives in Burma; (B) information about any actions taken by the United States, either directly or in coordination with other countries— (i) to support and legitimize the National Unity Government of the Republic of the Union of Myanmar, The Civil Disobedience Movement in Myanmar, and other entities promoting democracy in Burma, while simultaneously denying legitimacy and resources to the Myanmar’s military junta; (ii) to impose costs on Myanmar’s military junta, including— (I) an assessment of the impact of existing United States and international sanctions; and (II) a description of potential prospects for additional sanctions; (iii) to secure the restoration of democracy, the establishment of inclusive and representative civilian government, with a reformed military reflecting the diversity of Burma and under civilian control, and the enactment of constitutional, political, and economic reform in Burma; (iv) to secure the unconditional release of all political prisoners in Burma; (v) to promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; (vi) to ensure accountability for atrocities, human rights violations, and crimes against humanity committed by Myanmar’s military junta; and (vii) to avert a large-scale humanitarian disaster; (C) an update on the current status of United States assistance programs in Burma, including— (i) humanitarian assistance for affected populations, including internally displaced persons and efforts to mitigate humanitarian and health crises in neighboring countries and among refugee populations; (ii) democracy assistance, including support to the National Unity Government of the Republic of the Union of Myanmar and civil society groups in Burma; (iii) economic assistance; and (iv) global health assistance, including COVID–19 relief; and (D) a description of the strategic interests in Burma of the People’s Republic of China and the Russian Federation, including— (i) access to natural resources and lines of communications to sea routes; and (ii) actions taken by such countries— (I) to support Myanmar’s military junta in order to preserve or promote such interests; (II) to undermine the sovereignty and territorial integrity of Burma; and (III) to promote ethnic conflict within Burma. (c) Classification and format The briefing required under subsection (b)— (1) shall be provided in an unclassified setting; and (2) may be accompanied by a separate classified briefing, as appropriate. 6511. United States Grand Strategy with respect to China (a) Strategy required (1) In general Not later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall commence developing a comprehensive report that articulates the strategy of the United States with respect to the People’s Republic of China (in this section referred to as the China Strategy ) that builds on the work of such national security strategy. (2) Submittal Not later than 270 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall submit to Congress the China Strategy developed under paragraph (1). (3) Form The China Strategy shall be submitted in classified form and shall include an unclassified summary. (b) Contents The China Strategy developed under subsection (a) shall set forth the national security strategy of the United States with respect to the People’s Republic of China and shall include a comprehensive description and discussion of the following: (1) The strategy of the People’s Republic of China regarding the military, economic, and political power of China in the Indo-Pacific region and worldwide, including why the People’s Republic of China has decided on such strategy and what the strategy means for the long-term interests, values, goals, and objectives of the United States. (2) The worldwide interests, values, goals, and objectives of the United States as they relate to geostrategic and geoeconomic competition with the People’s Republic of China. (3) The foreign and economic policy, worldwide commitments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strategy of the United States as they relate to the new era of competition with the People’s Republic of China. (4) How the United States will exercise the political, economic, military, diplomatic, and other elements of its national power to protect or advance its interests and values and achieve the goals and objectives referred to in paragraph (1). (5) The adequacy of the capabilities of the United States Government to carry out the national security strategy of the United States within the context of new and emergent challenges to the international order posed by the People’s Republic of China, including an evaluation— (A) of the balance among the capabilities of all elements of national power of the United States; and (B) the balance of all United States elements of national power in comparison to equivalent elements of national power of the People’s Republic of China. (6) The assumptions and end-state or end-states of the strategy of the United States globally and in the Indo-Pacific region with respect to the People’s Republic of China. (7) Such other information as the President considers necessary to help inform Congress on matters relating to the national security strategy of the United States with respect to the People’s Republic of China. (c) Advisory Board on United States Grand Strategy with respect to China (1) Establishment The President may establish in the executive branch an advisory board to be known as the Advisory Board on United States Grand Strategy with respect to China (in this section referred to as the Board ). (2) Purpose The purpose of the Board is to convene outside experts to advise the President on development of the China Strategy. (3) Duties (A) Review The Board shall review the current national security strategy of the United States with respect to the People’s Republic of China, including assumptions, capabilities, strategy, and end-state or end-states. (B) Assessment and recommendations The Board shall analyze the United States national security strategy with respect to the People’s Republic of China, including challenging its assumptions and approach, and make recommendations to the President for the China Strategy. (C) Classified briefing (i) In general Not later than 30 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2), the Board shall provide the appropriate congressional committees a classified briefing on its review, assessment, and recommendations. (ii) Appropriate congressional committees defined In this subparagraph, the term appropriate congressional committees means— (I) the congressional defense committees; (II) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (III) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Composition (A) Recommendations Not later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each provide to the President 2 candidates for membership on the Board, at least 1 of whom shall be an individual in the private sector and 1 of whom shall be an individual in academia or employed by a nonprofit research institution. (B) Membership The Board shall be composed of 9 members appointed by the President as follows: (i) The National Security Advisor or such other designee as the President considers appropriate, such as the Asia Coordinator from the National Security Council. (ii) Four shall be selected from among individuals in the private sector. (iii) Four shall be selected from among individuals in academia or employed by a nonprofit research institution. (iv) Two members shall be selected from among individuals included in the list submitted by the majority leader of the Senate under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (v) Two members shall be selected from among individuals included in the list submitted by the minority leader of the Senate under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (vi) Two members shall be selected from among individuals included in the list submitted by the Speaker of the House of Representatives under subparagraph (A), or whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (vii) Two members shall be selected from among individuals included in the list submitted by the minority leader of the House of Representatives under subparagraph (A), of whom— (I) one shall be selected from among individuals in the private sector; and (II) one shall be selected from among individuals in academia or employed by a nonprofit research institution. (C) Chairperson The Chairperson of the Board shall be the member of the Board appointed under subparagraph (B)(i). (D) Nongovernmental membership; period of appointment; vacancies (i) Nongovernmental membership Except in the case of the Chairperson of the Board, an individual appointed to the Board may not be an officer or employee of an instrumentality of government. (ii) Period of appointment Members shall be appointed for the life of the Board. (iii) Vacancies Any vacancy in the Board shall be filled in the same manner as the original appointment. (5) Deadline for appointment Not later than 60 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) after the date of the enactment of this Act, the President shall— (A) appoint the members of the Board pursuant to paragraph (4); and (B) submit to Congress a list of the members so appointed. (6) Experts and consultants The Board is authorized to procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule under section 5315 of title 5, United States Code. (7) Security clearances The appropriate Federal departments or agencies shall cooperate with the Board in expeditiously providing to the Board members and experts and consultants appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearances. (8) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Board and any experts and consultants consistent with all applicable statutes, regulations, and Executive orders. (9) Uncompensated service A member of the Board who is not an officer or employee of the Federal Government shall serve without compensation. (10) Cooperation from government In carrying out its duties, the Board shall receive the full and timely cooperation of the heads of relevant Federal departments and agencies in providing the Board with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (11) Termination The Board shall terminate on the date that is 60 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2). 6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries (a) In general Section 2402(a)(10) of title 38, United States Code, is amended— (1) by striking the period at the end and inserting ; or ; and (2) by adding at the end the following new subparagraph: (B) who— (i) the Secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time during the period beginning on February 28, 1961, and ending on May 7, 1975; and (ii) at the time of the individual’s death— (I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and (II) resided in the United States.. (b) Effective date The amendments made by this section shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (division J of Public Law 115–141 ; 132 Stat. 824). 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria Section 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note) is amended, in the matter before subparagraph (A), by striking or Uzbekistan and inserting , Uzbekistan, Egypt, or Syria. 6603. Anomalous health incidents interagency coordinator (a) Anomalous health incidents interagency coordinator (1) Designation Not later than 30 days after the date of the enactment of this Act, the President shall designate an appropriate senior official to be known as the Anomalous Health Incidents Interagency Coordinator (in this section referred to as the Interagency Coordinator ). (2) Duties The Interagency Coordinator, working through the interagency national security process, shall, with respect to anomalous health incidents— (A) coordinate the response of the United States Government to such incidents; (B) coordinate among relevant Federal agencies to ensure equitable and timely access to assessment and care for affected United States Government personnel, dependents of such personnel, and other appropriate individuals; (C) ensure adequate training and education relating to such incidents for United States Government personnel; (D) ensure that information regarding such incidents is efficiently shared across relevant Federal agencies in a manner that provides appropriate protections for classified, sensitive, and personal information; (E) coordinate, in consultation with the Director of the White House Office of Science and Technology Policy, the technological and research efforts of the United States Government to address suspected attacks presenting as such incidents; and (F) develop policy options to prevent, mitigate, and deter suspected attacks presenting as such incidents. (b) Designation of agency coordination leads (1) Designation; responsibilities The head of each relevant agency shall designate an official appointed by the President, by and with the advice and consent of the Senate, or other appropriate senior official, who shall— (A) serve as the Anomalous Health Incident Agency Coordination Lead (in this section referred to as the Agency Coordination Lead ) for the relevant agency concerned; (B) report directly to the head of such relevant agency regarding activities carried out under this section; (C) perform functions specific to such relevant agency and related to anomalous health incidents, consistent with the directives of the Interagency Coordinator and the interagency national security process; (D) represent such relevant agency in meetings convened by the Interagency Coordinator; and (E) participate in interagency briefings to Congress regarding the response of the United States Government to anomalous health incidents, including briefings required under subsection (c). (2) Delegation prohibited An Agency Coordination Lead may not delegate any of the responsibilities specified in paragraph (1). (c) Briefings (1) In general Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall jointly provide to the appropriate congressional committees a briefing on progress made in carrying out the duties under subsection (b)(2). (2) Elements Each briefing required under paragraph (1) shall include— (A) an update on the investigation into anomalous health incidents affecting United States Government personnel and dependents of such personnel, including technical causation and suspected perpetrators; (B) an update on new or persistent anomalous health incidents; (C) a description of threat prevention and mitigation efforts with respect to anomalous health incidents, to include personnel training; (D) an identification of any changes to operational posture as a result of anomalous health threats; (E) an update on diagnosis and treatment efforts for individuals affected by anomalous health incidents, including patient numbers and wait times to access care; (F) a description of efforts to improve and encourage reporting of anomalous health incidents; (G) a detailed description of the roles and responsibilities of the Agency Coordination Leads; (H) information regarding additional authorities or resources needed to support the interagency response to anomalous health incidents; and (I) such other matters as the Interagency Coordinator or the Agency Coordination Leads may consider appropriate. (3) Unclassified briefing summary (A) In general Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall provide to the appropriate congressional committees a coordinated written summary of the briefings provided under paragraph (1). (B) Form The summary under subparagraph (A) shall be submitted in an unclassified form to the extent practicable, consistent with the protection of intelligence sources and methods. (d) Secure reporting mechanisms Not later than 90 days after the date of the enactment of this section, the Interagency Coordinator shall ensure that the head of each relevant agency— (1) develops a process to provide a secure mechanism for personnel of the relevant agency concerned, the dependents of such personnel, and other appropriate individuals, to self-report any suspected exposure that could be an anomalous health incident; (2) shares all relevant data reported through such mechanism in a timely manner with the Office of the Director of National Intelligence and other relevant agencies, through existing processes coordinated by the Interagency Coordinator; and (3) in developing the mechanism pursuant to paragraph (1), prioritizes secure information collection and handling processes to protect classified, sensitive, and personal information. (e) Workforce guidance (1) Development and dissemination The President shall direct the heads of the relevant agencies to develop and disseminate to employees of such relevant agencies who are determined to be at risk of exposure to anomalous health incidents updated workforce guidance that describes, at a minimum— (A) the threat posed by anomalous health incidents; (B) known defensive techniques with respect to anomalous health incidents; and (C) processes to self-report any suspected exposure that could be an anomalous health incident. (2) Deadline The workforce guidance specified under paragraph (1) shall be developed and disseminated pursuant to such paragraph by not later than 60 days after the date of the enactment of this Act. (f) Rule of construction Nothing in this section, including the designation of the Interagency Coordinator pursuant to subsection (a)(1), shall be construed to limit the authority of any Federal agency to independently perform the authorized functions of such agency. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $5,000,000 for fiscal year 2022, to be used to— (1) increase capacity and staffing for the Health Incident Response Task Force of the Department of State; (2) support the development and implementation of efforts by the Department of State to prevent and mitigate anomalous health incidents affecting the workforce of the Department; (3) investigate and characterize the cause of anomalous health incidents, including investigations of causation and attribution; (4) collect and analyze data related to anomalous health incidents; (5) coordinate with other relevant agencies and the National Security Council regarding anomalous health incidents; and (6) support other activities to understand, prevent, deter, and respond to suspected attacks presenting as anomalous health incidents, at the discretion of the Secretary of State. (h) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committees on Armed Services, Foreign Relations, Homeland Security and Governmental Affairs, the Judiciary, and Appropriations, and the Select Committee on Intelligence, of the Senate; and (B) the Committees on Armed Services, Foreign Affairs, Homeland Security, the Judiciary, and Appropriations, and the Permanent Select Committee on Intelligence, of the House of Representatives. (2) The term relevant Federal agencies means— (A) the Department of Defense; (B) the Department of State; (C) the Office of the Director of National Intelligence; (D) the Central Intelligence Agency; (E) the Department of Justice; (F) the Department of Homeland Security; and (G) such other Federal departments or agencies as may be designated by the Interagency Coordinator. 6604. Chief Human Capital Officers Council annual report Subsection (d) of section 1303 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 5 U.S.C. 1401 note) is amended to read as follows: (d) Annual reports (1) In general Each year, the Chief Human Capital Officers Council shall submit to Congress a report that includes the following: (A) A description of the activities of the Council. (B) A description of employment barriers that prevent the agencies of its members from hiring qualified applicants, including those for digital talent positions, and recommendations for addressing the barriers that would allow such agencies to more effectively hire qualified applicants. (2) Public availability Not later than 30 days after the date on which the Council submits a report under paragraph (1), the Director of the Office of Personnel Management shall make the report publicly available on the website of the Office of Personnel Management.. 6605. National Global War on Terrorism Memorial (a) Site Notwithstanding section 8908(c) of title 40, United States Code, the National Global War on Terrorism Memorial authorized by section 2(a) of the Global War on Terrorism War Memorial Act ( 40 U.S.C. 8903 note; Public Law 115–51 ; 131 Stat. 1003) (referred to in this section as the Memorial ) shall be located within the Reserve (as defined in section 8902(a) of title 40, United States Code). (b) Applicability of Commemorative Works Act Except as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Memorial. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science (a) Establishment Title I of the National Quantum Initiative Act ( 15 U.S.C. 8811 et seq. ) is amended— (1) by redesignating section 105 as section 106; and (2) by inserting after section 104 the following new section: 105. Subcommittee on the Economic and Security Implications of Quantum Information Science (a) Establishment The President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science. (b) Membership The Subcommittee shall include a representative of— (1) the Department of Energy; (2) the Department of Defense; (3) the Department of Commerce; (4) the Department of Homeland Security; (5) the Office of the Director of National Intelligence; (6) the Office of Management and Budget; (7) the Office of Science and Technology Policy; (8) the Department of Justice; (9) the National Science Foundation; (10) the National Institute of Standards and Technology; and (11) such other Federal department or agency as the President considers appropriate. (c) Responsibilities The Subcommittee shall— (1) in coordination with the Director of the Office and Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development; (2) review and assess any economic or security implications of such investments; (3) review and assess any counterintelligence risks or other foreign threats to such investments; (4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other foreign threats identified as a result of an assessment under paragraph (3); (5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment; (6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States; (7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and (8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress. (d) Technical and administrative support (1) In general The Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section. (2) Support related to classified information The Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information.. (b) Sunset for Subcommittee (1) Inclusion in sunset provision Such title is further amended in section 106, as redesignated by subsection (a), by striking 103, and 104 and inserting 103, 104, and 105. (2) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of the National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ). (c) Conforming amendments The National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ) is further amended— (1) in section 2, by striking paragraph (7) and inserting the following new paragraphs: (7) Subcommittee on Economic and Security Implications The term Subcommittee on Economic and Security Implications means the Subcommittee on the Economic and Security Implications of Quantum Information Science established under section 105(a). (8) Subcommittee on Quantum Information Science The term Subcommittee on Quantum Information Science means the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a). ; (2) in section 102(b)(1)— (A) in subparagraph (A), by striking ; and and inserting on Quantum Information Science; ; (B) in subparagraph (B), by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (C) the Subcommittee on Economic and Security Implications; ; and (3) in section 104(d)(1), by striking and the Subcommittee and inserting , the Subcommittee on Quantum Information Science, and the Subcommittee on Economic and Security Implications. (d) Clerical amendment The table of contents in section 1(b) of such Act is amended by striking the item relating to section 105 and inserting the following new items: 105. Subcommittee on the Economic and Security Implications of Quantum Information Science. 106. Sunset.. 105. Subcommittee on the Economic and Security Implications of Quantum Information Science (a) Establishment The President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science. (b) Membership The Subcommittee shall include a representative of— (1) the Department of Energy; (2) the Department of Defense; (3) the Department of Commerce; (4) the Department of Homeland Security; (5) the Office of the Director of National Intelligence; (6) the Office of Management and Budget; (7) the Office of Science and Technology Policy; (8) the Department of Justice; (9) the National Science Foundation; (10) the National Institute of Standards and Technology; and (11) such other Federal department or agency as the President considers appropriate. (c) Responsibilities The Subcommittee shall— (1) in coordination with the Director of the Office and Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development; (2) review and assess any economic or security implications of such investments; (3) review and assess any counterintelligence risks or other foreign threats to such investments; (4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other foreign threats identified as a result of an assessment under paragraph (3); (5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment; (6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States; (7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and (8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress. (d) Technical and administrative support (1) In general The Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section. (2) Support related to classified information The Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information. 6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies (a) Study (1) In general The Secretary of Health and Human Services, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall conduct a study to identify and analyze the logistical prerequisites for the collection of unused and unexpired doses of the COVID–19 vaccine in the United States and for the distribution of such doses to foreign countries and economies. (2) Matters studied The matters studied by the Secretary of Health and Human Services under paragraph (1) shall include— (A) options for the collection of unused and unexpired doses of the COVID–19 vaccine from entities in the United States; (B) methods for the collection and shipment of such doses to foreign countries and economies; (C) methods for ensuring the appropriate storage and handling of such doses during and following the distribution and delivery of the doses to such countries and economies; (D) the capacity and capability of foreign countries and economies receiving such doses to distribute and administer the doses while assuring their safety and quality; (E) the minimum supply of doses of the COVID–19 vaccine necessary to be retained within the United States; and (F) other Federal agencies with which the heads of the relevant agencies should coordinate to accomplish the tasks described in subparagraphs (A) through (E) and the degree of coordination necessary between such agencies. (b) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the other heads of the relevant agencies, shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a). (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Health, Education, Labor, and Pensions, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Energy and Commerce, and the Committee on Foreign Affairs of the House of Representatives. (2) Relevant agencies The term relevant agencies means— (A) the Department of Health and Human Services; (B) the Department of State; and (C) the United States Agency for International Development. 6608. Catawba Indian Nation lands (a) Application of current law (1) Lands in South Carolina Section 14 of the Catawba Indian Tribe of South Carolina Claims Settlement Act of 1993 ( Public Law 103–116 ) shall only apply to gaming conducted by the Catawba Indian Nation on lands located in South Carolina. (2) Lands in States other than South Carolina Gaming conducted by the Catawba Indian Nation on lands located in States other than South Carolina shall be subject to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) and sections 1166 through 1168 of title 18, United States Code. (b) Reaffirmation of status and actions (1) Ratification of trust status The action taken by the Secretary of the Interior on July 10, 2020, to place approximately 17 acres of land located in Cleveland County, North Carolina, into trust for the benefit of the Catawba Indian Nation is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action. (2) Administration The land placed into trust for the benefit of the Catawba Indian Nation by the Secretary on July 10, 2020, shall— (A) be a part of the Catawba Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe; and (B) be deemed to have been acquired and taken into trust as part of the restoration of lands for an Indian tribe that is restored to Federal recognition pursuant to section 20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(b)(1)(B)(iii) ). (3) Rules of construction Nothing in this section shall— (A) enlarge, impair, or otherwise affect any right or claim of the Catawba Indian Nation to any land or interest in land in existence before the date of the enactment of this Act; (B) affect any water right of the Catawba Indian Nation in existence before the date of the enactment of this Act; (C) terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act; or (D) alter or diminish the right of the Catawba Indian Nation to seek to have additional land taken into trust by the United States for the benefit of the Catawba Indian Nation. 6609. Property disposition for affordable housing Section 5334(h)(1) of title 49, United States Code, is amended to read as follows: (1) In general If a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to— (A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides— (i) the asset will remain in public use for at least 5 years after the date the asset is transferred; (ii) there is no purpose eligible for assistance under this chapter for which the asset should be used; (iii) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and (iv) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or (B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides— (i) the asset is a necessary component of a proposed transit-oriented development project; (ii) the transit-oriented development project will increase transit ridership; (iii) at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income; (iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and (v) with respect to a transfer to a third party entity— (I) a local government authority or nonprofit organization is unable to receive the property; (II) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and (III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.. 6610. Blocking deadly fentanyl imports (a) Short title This section may be cited as the Blocking Deadly Fentanyl Imports Act. (b) Definitions Section 481(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(e) ) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking in which ; (B) in subparagraph (A), by inserting in which before 1,000 ; (C) in subparagraph (B)— (i) by inserting in which before 1,000 ; and (ii) by striking or at the end; (D) in subparagraph (C)— (i) by inserting in which before 5,000 ; and (ii) by inserting or after the semicolon; and (E) by adding at the end the following: (D) that is a significant source of illicit synthetic opioids significantly affecting the United States; ; and (2) in paragraph (4)— (A) in subparagraph (C), by striking and at the end; and (B) by adding at the end the following: (E) assistance that furthers the objectives set forth in paragraphs (1) through (4) of section 664(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2151n–2(b) ); (F) assistance to combat trafficking authorized under the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7101 et seq. )); and (G) global health assistance authorized under sections 104 through 104C of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b through 22 U.S.C. 2151b–4 ).. (c) International narcotics control strategy report Section 489(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a) ) is amended by adding at the end the following: (10) A separate section that contains the following: (A) An identification of the countries, to the extent feasible, that are the most significant sources of illicit fentanyl and fentanyl analogues significantly affecting the United States during the preceding calendar year. (B) A description of the extent to which each country identified pursuant to subparagraph (A) has cooperated with the United States to prevent the articles or chemicals described in subparagraph (A) from being exported from such country to the United States. (C) A description of whether each country identified pursuant to subparagraph (A) has adopted and utilizes scheduling or other procedures for illicit drugs that are similar in effect to the procedures authorized under title II of the Controlled Substances Act ( 21 U.S.C. 811 et seq. ) for adding drugs and other substances to the controlled substances schedules; (D) A description of whether each country identified pursuant to subparagraph (A) is following steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ( 21 U.S.C. 802(32) ); and (E) A description of whether each country identified pursuant to subparagraph (A) requires the registration of tableting machines and encapsulating machines or other measures similar in effect to the registration requirements set forth in part 1310 of title 21, Code of Federal Regulations, and has not made good faith efforts, in the opinion of the Secretary, to improve regulation of tableting machines and encapsulating machines.. (d) Withholding of assistance (1) Designation of illicit fentanyl countries without scheduling procedures Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ) is amended— (A) in the matter preceding subparagraph (A), by striking also ; (B) in subparagraph (A)(ii), by striking and at the end; (C) by redesignating subparagraph (B) as subparagraph (D); (D) by inserting after subparagraph (A) the following: (B) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a)(10) ) that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II of the Controlled Substances Act ( 21 U.S.C. 811 et seq. ) for adding drugs and other substances to the controlled substances schedules; ; and (E) in subparagraph (D), as redesignated, by striking so designated and inserting designated under subparagraph (A), (B), or (C). (2) Designation of illicit fentanyl countries without ability to prosecute criminals for the manufacture or distribution of fentanyl analogues Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ), as amended by paragraph (2), is further amended by inserting after subparagraph (B) the following: (C) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291h(a)(10) ) that has not taken significant steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ( 21 U.S.C. 802(32) );. (3) Limitation on assistance for designated countries Section 706(3) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(3) ) is amended by striking also designated under paragraph (2) in the report and inserting designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph (B) or (C) of paragraph (2). (4) Exceptions to the limitation on assistance Section 706(5) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(5) ) is amended— (A) by redesignating subparagraph (C) as subparagraph (F); (B) by inserting after subparagraph (B) the following: (C) Notwithstanding paragraph (3), assistance to promote democracy (as described in section 481(e)(4)(E) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(e)(4)(E) )) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph. (D) Notwithstanding paragraph (3), assistance to combat trafficking (as described in section 481(e)(4)(F) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph. (E) Notwithstanding paragraph (3), global health assistance (as described in section 481(e)(4)(G) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph ; and (C) in subparagraph (F), as redesignated, by striking section clause (i) or (ii) of and inserting clause (i) or (ii) of section. (e) Effective date The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.
2,578,044
117s1605es
117
s
1,605
es
To designate the National Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, and for other purposes.
[ { "text": "1. Designation of national pulse memorial \n(a) In general \nThe Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, is designated as the National Pulse Memorial. (b) Effect of designation \n(1) In general \nThe national memorial designated by subsection (a) is not a unit of the National Park System. (2) Use of Federal funds \nThe designation of the national memorial by subsection (a) shall not require or permit Federal funds to be expended for any purpose relating to the national memorial.", "id": "HD2196A2C7CB54CADB3DB5FE60F07C616", "header": "Designation of national pulse memorial" } ]
1
1. Designation of national pulse memorial (a) In general The Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, is designated as the National Pulse Memorial. (b) Effect of designation (1) In general The national memorial designated by subsection (a) is not a unit of the National Park System. (2) Use of Federal funds The designation of the national memorial by subsection (a) shall not require or permit Federal funds to be expended for any purpose relating to the national memorial.
510
117s1605is
117
s
1,605
is
To designate the National Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, and for other purposes.
[ { "text": "1. Designation of national pulse memorial \n(a) In general \nThe Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, is designated as the National Pulse Memorial. (b) Effect of designation \n(1) In general \nThe national memorial designated by subsection (a) is not a unit of the National Park System. (2) Use of Federal funds \nThe designation of the national memorial by subsection (a) shall not require or permit Federal funds to be expended for any purpose relating to the national memorial.", "id": "HD2196A2C7CB54CADB3DB5FE60F07C616", "header": "Designation of national pulse memorial" } ]
1
1. Designation of national pulse memorial (a) In general The Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, is designated as the National Pulse Memorial. (b) Effect of designation (1) In general The national memorial designated by subsection (a) is not a unit of the National Park System. (2) Use of Federal funds The designation of the national memorial by subsection (a) shall not require or permit Federal funds to be expended for any purpose relating to the national memorial.
510
117s1084is
117
s
1,084
is
To amend the Servicemembers Civil Relief Act to provide for the portability of professional licenses of members of the uniformed services and their spouses, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Military Spouse Licensing Relief Act of 2021.", "id": "id2FFC9C87BE914DD382BA544C737CBC2B", "header": "Short title" }, { "text": "2. Portability of professional licenses of members of the uniformed services and their spouses \n(a) In general \nTitle VII of the Servicemembers Civil Relief Act ( 50 U.S.C. 4021 et seq.) is amended by inserting after section 705 ( 50 U.S.C. 4025 ) the following new section: 705A. Portability of professional licenses of servicemembers and their spouses \n(a) In general \nIn any case in which a servicemember has a professional license in good standing in a jurisdiction or the spouse of a servicemember has a professional license in good standing in a jurisdiction and such servicemember or spouse relocates his or her residency because of military orders for military service to a location that is not in such jurisdiction, the professional license or certification of such servicemember or spouse shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such military orders if such servicemember or spouse— (1) provides a copy of such military orders to the licensing authority in the jurisdiction in which the new residency is located; (2) remains in good standing with the licensing authority that issued the license; and (3) submits to the authority of the licensing authority in the new jurisdiction for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements. (b) Interstate licensure compacts \nIf a servicemember or spouse of a servicemember is licensed and able to operate in multiple jurisdictions through an interstate licensure compact, with respect to services provided in the jurisdiction of the interstate licensure compact by a licensee covered by such compact, the servicemember or spouse of a servicemember shall be subject to the requirements of the compact or the applicable provisions of law of the applicable State and not this section.. (b) Clerical amendment \nThe table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 705 the following new item: Sec. 705A. Portability of professional licenses of servicemembers and their\t\t\t spouses..", "id": "id7d059fc170894a8c911fae110f80f221", "header": "Portability of professional licenses of members of the uniformed services and their spouses" }, { "text": "705A. Portability of professional licenses of servicemembers and their spouses \n(a) In general \nIn any case in which a servicemember has a professional license in good standing in a jurisdiction or the spouse of a servicemember has a professional license in good standing in a jurisdiction and such servicemember or spouse relocates his or her residency because of military orders for military service to a location that is not in such jurisdiction, the professional license or certification of such servicemember or spouse shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such military orders if such servicemember or spouse— (1) provides a copy of such military orders to the licensing authority in the jurisdiction in which the new residency is located; (2) remains in good standing with the licensing authority that issued the license; and (3) submits to the authority of the licensing authority in the new jurisdiction for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements. (b) Interstate licensure compacts \nIf a servicemember or spouse of a servicemember is licensed and able to operate in multiple jurisdictions through an interstate licensure compact, with respect to services provided in the jurisdiction of the interstate licensure compact by a licensee covered by such compact, the servicemember or spouse of a servicemember shall be subject to the requirements of the compact or the applicable provisions of law of the applicable State and not this section.", "id": "id7c5056de2d5e426cbad2433e1e5b4ce8", "header": "Portability of professional licenses of servicemembers and their spouses" } ]
3
1. Short title This Act may be cited as the Military Spouse Licensing Relief Act of 2021. 2. Portability of professional licenses of members of the uniformed services and their spouses (a) In general Title VII of the Servicemembers Civil Relief Act ( 50 U.S.C. 4021 et seq.) is amended by inserting after section 705 ( 50 U.S.C. 4025 ) the following new section: 705A. Portability of professional licenses of servicemembers and their spouses (a) In general In any case in which a servicemember has a professional license in good standing in a jurisdiction or the spouse of a servicemember has a professional license in good standing in a jurisdiction and such servicemember or spouse relocates his or her residency because of military orders for military service to a location that is not in such jurisdiction, the professional license or certification of such servicemember or spouse shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such military orders if such servicemember or spouse— (1) provides a copy of such military orders to the licensing authority in the jurisdiction in which the new residency is located; (2) remains in good standing with the licensing authority that issued the license; and (3) submits to the authority of the licensing authority in the new jurisdiction for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements. (b) Interstate licensure compacts If a servicemember or spouse of a servicemember is licensed and able to operate in multiple jurisdictions through an interstate licensure compact, with respect to services provided in the jurisdiction of the interstate licensure compact by a licensee covered by such compact, the servicemember or spouse of a servicemember shall be subject to the requirements of the compact or the applicable provisions of law of the applicable State and not this section.. (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 705 the following new item: Sec. 705A. Portability of professional licenses of servicemembers and their spouses.. 705A. Portability of professional licenses of servicemembers and their spouses (a) In general In any case in which a servicemember has a professional license in good standing in a jurisdiction or the spouse of a servicemember has a professional license in good standing in a jurisdiction and such servicemember or spouse relocates his or her residency because of military orders for military service to a location that is not in such jurisdiction, the professional license or certification of such servicemember or spouse shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such military orders if such servicemember or spouse— (1) provides a copy of such military orders to the licensing authority in the jurisdiction in which the new residency is located; (2) remains in good standing with the licensing authority that issued the license; and (3) submits to the authority of the licensing authority in the new jurisdiction for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements. (b) Interstate licensure compacts If a servicemember or spouse of a servicemember is licensed and able to operate in multiple jurisdictions through an interstate licensure compact, with respect to services provided in the jurisdiction of the interstate licensure compact by a licensee covered by such compact, the servicemember or spouse of a servicemember shall be subject to the requirements of the compact or the applicable provisions of law of the applicable State and not this section.
3,882
117s2464is
117
s
2,464
is
To require the Secretary of Commerce, acting through the Assistant Secretary for Economic Development, to establish a RECOMPETE grant program to provide flexible, 10-year block grants for purposes of creating quality jobs, providing resources to help local residents access opportunities and attain and retain employment, increasing local per capita income and employment rates, and supporting long-term, sustained economic growth and opportunity in persistently distressed areas, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Rebuilding Economies and Creating Opportunities for More People to Excel Act or the RECOMPETE Act.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Applicable area \nThe term applicable area — (A) with respect to a local labor market, local community, or partial local labor market— (i) means— (I) the geographical area of the local labor market, local community, or partial local labor market; and (II) each corresponding unit of local government in the geographical area described in subclause (I); and (ii) does not include any Tribal land in the geographical area described in clause (i)(I), unless the Tribal government with jurisdiction over the Tribal land elects to participate in an applicable cooperation agreement under section 3(b)(2)(B); and (B) with respect to a Tribal government, means the Tribal land subject to the jurisdiction of the Tribal government. (2) Applicant \nThe term applicant means— (A) a unit of general local government, such as a county or a county equivalent (including a borough in the State of Alaska and a parish in the State of Louisiana), city, town, village, or other general-purpose political subdivision of a State; (B) the District of Columbia; (C) a territory or possession of the United States; (D) a Tribal government; (E) a State-authorized political subdivision or other entity, such as a special-purpose entity engaged in economic development activities; (F) a public or private nonprofit organization, acting in cooperation with the officials of a political subdivision or entity described in subparagraph (E); (G) an economic development district (as defined in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 )); and (H) a consortium of units of general local government within an applicable area. (3) Cooperation agreement \nThe term cooperation agreement means an agreement entered into under section 3(b) relating to the implementation of a RECOMPETE plan for an applicable area. (4) Eligible \nThe term eligible means— (A) with respect to a local labor market, local community, partial local labor market, or Tribal government, that the local labor market, local community, partial local labor market, or Tribal government meets the applicable distress eligibility criteria described in section 3(a); and (B) with respect to an applicant or lead entity, that the applicant or lead entity has submitted an application for a RECOMPETE grant under section 4(a)(2) relating to a local labor market, local community, partial local labor market, or Tribal government described in subparagraph (A). (5) Lead entity \nThe term lead entity means an applicant designated to act as a lead entity pursuant to an applicable cooperation agreement. (6) Local community \n(A) In general \nThe term local community means the area served by an applicant described in paragraph (2)(A) that— (i) (I) is located within a local labor market or partial local labor market that is not eligible; or (II) is not coexistent with a local labor market; and (ii) meets such additional criteria, including a minimum population requirement, as the Secretary may establish. (B) Inclusions \nThe term local community includes a consortium of 2 or more applicants described in subparagraph (A)— (i) all of which are located within the same local labor market; or (ii) each of which is directly adjacent to an area described in subparagraph (A). (7) Local labor market \nThe term local labor market means any of the following areas that contains 1 or more applicants described in subparagraphs (A) through (C) of paragraph (2): (A) A commuting zone, as defined by the Economic Research Service of the Department of Agriculture. (B) Subject to subparagraph (C), if 1 or more discrete metropolitan statistical areas or micropolitan statistical areas, as defined by the Office of Management and Budget (collectively referred to as core-based statistical areas ), exist within a commuting zone described in subparagraph (A), each such core-based statistical area. (C) If the remaining area of a commuting zone described in subparagraph (A), excluding all core-based statistical areas within the commuting zone described in subparagraph (B), contains 1 or fewer counties and has a population of 7,500 or fewer residents, that remaining area combined with an adjacent core-based statistical area within the commuting zone. (8) Partial local labor market \nThe term partial local labor market means a geographical area that— (A) is located within, but is not coextensive with, a local labor market; and (B) contains 1 or more applicants described in subparagraphs (A) through (C) of paragraph (2). (9) Prime-age \nThe term prime-age means individuals between the ages of 25 years and 54 years. (10) Prime-age employment gap \n(A) In general \nThe term prime-age employment gap , with respect to an applicable area, means the difference (expressed as a percentage), calculated in accordance with subparagraph (B), between— (i) the national 5-year average prime-age employment rate; and (ii) the 5-year average prime-age employment rate of the applicable area. (B) Calculation \nFor purposes of calculating the prime-age employment gap under subparagraph (A), an applicant shall use data relating to the most recent 5-year period for which data are available preceding the first date of the application period established for the applicant under section 4(a)(2)(B). (11) Prime-age employment rate \n(A) In general \nThe term prime-age employment rate , with respect to an applicable area, means the quotient (expressed as a percentage), calculated in accordance with subparagraph (B), obtained by dividing— (i) the 5-year average quantity of the prime-age population of the applicable area that is employed; by (ii) the total prime-age population of the applicable area. (B) Calculation \nFor purposes of calculating the prime-age employment rate under subparagraph (A), an applicant shall use data relating to the most recent 5-year period for which data are available preceding the first date of the application period established for the applicant under section 4(a)(2)(B). (12) Recipient \nThe term recipient means, as applicable— (A) an applicant to which a RECOMPETE grant is provided; or (B) a lead entity designated pursuant to a cooperation agreement entered into under section 3(b) for an applicable area for which a RECOMPETE grant is provided. (13) RECOMPETE grant \nThe term RECOMPETE grant means a grant provided to a recipient under section 4(a). (14) RECOMPETE plan \nThe term RECOMPETE plan means a plan developed by an applicant under section 4(b). (15) Secretary \nThe term Secretary means the Secretary of Commerce, acting through the Assistant Secretary for Economic Development. (16) Subrecipient \nThe term subrecipient means an applicant located within an applicable area that— (A) is not a recipient; but (B) receives funds provided under a RECOMPETE grant in such manner and in such amounts as may be agreed to in the RECOMPETE plan for the applicable area. (17) Tribal government \nThe term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published by the Bureau of Indian Affairs on January 29, 2021, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (18) Tribal land \nThe term Tribal land means— (A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under Federal law; or (iii) by a dependent Indian community.", "id": "id179d8291ce8148a295bdefa86d50d0fc", "header": "Definitions" }, { "text": "3. Distress eligibility criteria and cooperation agreements \n(a) Distress eligibility \n(1) Criteria \nTo be eligible for a RECOMPETE grant, a local labor market, local community, partial local labor market, or Tribal government shall meet the following criteria, as applicable, as determined by the Secretary: (A) Local labor markets \nA local labor market shall have a prime-age employment gap equal to not less than 2.5 percent. (B) Local communities \nA local community shall— (i) meet the applicable requirements described in section 2(6); and (ii) have— (I) a median household income equal to not more than $75,000; and (II) (aa) a prime-age employment gap of not less than 5 percent; or (bb) as determined by the Secretary, a special need arising from— (AA) a recent decrease in the applicable prime-age employment rate; or (BB) another severe economic disruption that is likely to reduce the applicable prime-age employment rate. (C) Partial local labor markets \nA partial local labor market shall— (i) have a prime-age employment gap equal to not less than 2.5 percent; and (ii) receive a waiver under subsection (b)(3)(A). (D) Tribal governments \n(i) In general \nA Tribal government shall have a prime-age employment gap of not less than 2.5 percent, as calculated under clause (ii). (ii) Calculation \nFor purposes of clause (i), the prime-age employment gap of a Tribal government shall be calculated, with respect to the most recent 5-year period for which data are available, for all individuals residing on the Tribal land of the Tribal government. (2) Limitations \n(A) Applicable areas \nA local labor market, local community, partial local labor market, or Tribal government shall not be eligible to receive more than 1 RECOMPETE grant. (B) Applicants \nFor purposes of the RECOMPETE grant program, an applicant may not be considered to be located in, or submit an application under section 4(a)(2) on behalf of, more than 1 eligible local labor market, local community, partial local labor market, or Tribal government. (b) Cooperation agreements \n(1) Requirement \n(A) In general \nSubject to paragraph (3), if an applicable area contains 2 or more applicants described in subparagraph (A), (B), or (C) of section 2(2), each such applicant shall, as a condition of receiving a RECOMPETE grant for the applicable area— (i) enter into a legally binding cooperation agreement for the applicable area in accordance with subparagraph (C); and (ii) designate 1 applicant as the lead entity to act in a representative capacity for purposes of assuming overall responsibility for carrying out the programs and activities, and achieving compliance with the applicable requirements, under the RECOMPETE grant. (B) Participation by other applicants \nAn applicant described in subparagraph (E), (F), or (G) of section 2(2) that is located in an applicable area for which a cooperation agreement is entered into under subparagraph (A) may elect to join the cooperation agreement, at the discretion of the applicant. (C) Terms \nA cooperation agreement under this subsection shall include— (i) a written statement that— (I) is executed by each applicant that is a party to the cooperation agreement; and (II) establishes the consent of the applicant to be bound by the terms of— (aa) the cooperation agreement; and (bb) the RECOMPETE plan for the applicable area; and (ii) a process for redress of any action, or failure to act, by the lead entity that is detrimental to an applicant. (D) Limitation \nAn applicable area may be the subject of only 1 cooperation agreement. (2) Election by local communities and Tribal governments \n(A) Local communities \n(i) In general \nA local community may enter into a cooperation agreement described in paragraph (1) with any other local communities located within the same local labor market, subject to the condition that 1 or more of those local communities shall be an eligible local community. (ii) Parties \nA cooperation agreement under clause (i) may be executed between or among— (I) an eligible local community; and (II) 1 or more— (aa) other eligible local communities, or applicants within an eligible local community, located within the same local labor market; or (bb) applicants that are not located within an eligible local community, but are located within the same local labor market as an eligible local community. (iii) Additional amounts \nOn execution of a cooperation agreement under this subparagraph involving 1 or more applicants described in clause (ii)(II)(bb), the Secretary may award additional amounts in accordance with subsection (c)(6) of section 6, subject to the applicable cost-sharing requirements of subsection (e)(2) of that section. (B) Tribal governments \n(i) In general \nRegardless of whether the Tribal government is eligible, subject to clause (ii), a Tribal government may elect to enter into a cooperation agreement described in paragraph (1) with 1 or more applicants from an eligible local labor market, local community, or partial local labor market that is adjacent to the Tribal land of the Tribal government. (ii) Deadline \nAn election by a Tribal government under clause (i) shall be made by not later than 45 days after the first date of the application period established for the Tribal government under section 4(a)(2)(B). (iii) Treatment \nIf a Tribal government elects to enter into a cooperation agreement under clause (i)— (I) the Tribal land of the Tribal government shall be— (aa) considered to be included in the applicable area of the eligible local labor market, local community, or partial local labor market that is the subject of the cooperation agreement; and (bb) subject to the RECOMPETE plan for the applicable area described in item (aa); and (II) the amount of the RECOMPETE grant to which the Tribal government is otherwise eligible to receive, if applicable— (aa) shall not be decreased; and (bb) shall be added to the amount provided to the applicable lead entity for use in accordance with the RECOMPETE plan. (iv) Encouragement to collaborate \nTo the maximum extent practicable, the Secretary shall encourage Tribal governments to enter into cooperation agreements described in clause (i). (v) Effect of subparagraph \nNothing in this subparagraph— (I) requires a Tribal government to enter into a cooperation agreement in order to receive a RECOMPETE grant; (II) penalizes a Tribal government that does not elect to participate in a cooperation agreement; or (III) otherwise affects the amount of a RECOMPETE grant to be provided to any Tribal government. (3) Waivers \n(A) In general \nThe Secretary may waive the requirement under paragraph (1) with respect to an applicant acting on behalf of a partial local labor market that— (i) meets the criterion described in subsection (a)(1)(C)(i); (ii) is located within an eligible local labor market with respect to which a cooperation agreement is unable to be executed under paragraph (1), despite reasonable efforts; and (iii) submits to the Secretary a request for a waiver under this paragraph demonstrating the ability to carry out the programs and activities, and achieve compliance with the applicable requirements, under sections 4 and 5 in the applicable area. (B) Effect \nOn receipt of a waiver under subparagraph (A), a partial local labor market— (i) shall be eligible to receive a RECOMPETE grant; and (ii) may elect to carry out the programs and activities, and achieve compliance with the applicable requirements, in the applicable area under the RECOMPETE grant— (I) independently; or (II) by designating from among applicants located within the applicable area a lead entity pursuant to a cooperation agreement described in paragraph (1), which shall submit to the Secretary a written notice in accordance with paragraph (4). (4) Submission to Secretary \nOn execution of a cooperation agreement under paragraph (1), (2), or (3)(B)(ii)(II), the lead entity shall submit to the Secretary a written notice that— (A) describes— (i) the cooperation agreement; (ii) the date of execution of the cooperation agreement; (iii) the authorization of the lead entity under the cooperation agreement; and (iv) the formation of a consortium described in section 2(2)(H) under the cooperation agreement, if applicable; and (B) includes— (i) a copy of each written statement under paragraph (1)(C)(i) relating to the cooperation agreement; and (ii) any necessary certifications or other documentation relating to the cooperation agreement.", "id": "id1220fb0d93a145178096be87ce91c927", "header": "Distress eligibility criteria and cooperation agreements" }, { "text": "4. RECOMPETE grant program \n(a) Establishment \n(1) In general \nThe Secretary shall establish a formula grant program under which the Secretary shall provide to eligible applicants and lead entities block grants, to be known as RECOMPETE grants , to carry out programs and activities in the applicable areas served by the applicants and lead entities that— (A) create quality jobs; (B) provide resources to help local residents— (i) access opportunities; and (ii) attain and retain employment; (C) increase local per capita income and prime-age employment rates; and (D) support long-term, sustained economic growth and opportunity in persistently distressed areas. (2) Applications \n(A) In general \nTo be considered for the provision of a RECOMPETE grant, an eligible applicant or lead entity shall submit to the Secretary an application— (i) at such time, in such manner, and containing such information as the Secretary determines to be appropriate; and (ii) that includes a RECOMPETE plan for the applicable area served by the applicant or lead entity, in accordance with subsection (b). (B) Application windows \nIn carrying out the RECOMPETE grant program, the Secretary shall establish the periods during which applications may be submitted under subparagraph (A), subject to the conditions that— (i) the initial application period established under this subparagraph shall be not less than 3 years; and (ii) for the second application period under this subparagraph and each period thereafter, the Secretary may, as the Secretary determines to be appropriate— (I) extend the period; (II) accept late applications; (III) initiate a new application cycle; and (IV) establish additional rules and regulations under this subsection. (C) Limitations \n(i) In general \nSubject to clause (ii), the Secretary may establish a limitation on— (I) the number of applications to be accepted by the Secretary during each fiscal year from each type of applicant; and (II) the total amount of each RECOMPETE grant payment provided for each fiscal year. (ii) Requirements \nIn establishing any limitation under clause (i), the Secretary shall ensure that— (I) each applicant and lead entity that submits to the Secretary an application satisfactory to the Secretary for an application period established under subparagraph (B) shall be considered for receipt of a RECOMPETE grant during that application period; and (II) the Secretary is able— (aa) to review applications and provide technical assistance and expertise to applicants in the development and implementation of RECOMPETE plans; and (bb) to conduct benchmark evaluations and meet applicable reporting requirements in accordance with section 5. (D) Priority \nIn selecting recipients of RECOMPETE grants, the Secretary shall give priority consideration to severely distressed, eligible— (i) local labor markets; and (ii) Tribal governments. (E) Approval \nThe Secretary shall approve or disapprove each application submitted under this paragraph (including the RECOMPETE plan included in the application) as soon as practicable after the date of receipt of the application. (3) Term \nA RECOMPETE grant shall— (A) have a term of 10 fiscal years; and (B) be disbursed over that term in accordance with section 6(d). (b) RECOMPETE plans \n(1) In general \nAs a condition of receipt of a RECOMPETE grant, the application of an applicant or lead entity under subsection (a)(2) shall include a RECOMPETE plan for the applicable area served by the applicant or lead entity in accordance with this subsection. (2) Requirements \nA RECOMPETE plan shall include the following information with respect to the applicable area: (A) An identification of— (i) each economic development challenge proposed to be addressed using a RECOMPETE grant; and (ii) any past, present, or projected future economic development investments in the applicable area, including, with respect to the investment— (I) each public and private participant; and (II) each source of funding. (B) A comprehensive strategy, for the 10-year period beginning on the proposed date of receipt of a RECOMPETE grant, to address the economic challenges identified under subparagraph (A)(i), in accordance with subsection (d), in a manner that— (i) promotes long-term, sustained economic growth, opportunity, job creation, employment, and increased per capita income; (ii) reduces the prime-age employment gap of the applicable area; (iii) creates jobs and connects local workers to employment and other economic opportunities; (iv) maximizes the effective development and use of the local workforce; and (v) provides accessible resources to support job attainment and retention. (C) The total projected cost to carry out the RECOMPETE plan. (D) The total amount of the RECOMPETE grant requested, and the justification for that amount. (E) The roles and responsibilities of each recipient and subrecipient carrying out an activity under the RECOMPETE plan. (F) The proposed allocation by the recipient to subrecipients of any RECOMPETE grant amounts. (G) An identification of certain benchmark criteria for use in benchmark evaluations under section 5(a), including reducing the prime-age employment gap of the applicable area by certain percentages at periodic intervals, with the goals of— (i) reducing the prime-age employment gap by not less than 50 percent on completion of the term of the RECOMPETE grant provided to the recipient; and (ii) achieving compliance with such other criteria as the Secretary may establish. (3) Optional inclusions \nA RECOMPETE plan may include strategies— (A) to address inequality in the applicable area, such as inequality with respect to income, opportunity, or employment on the basis of race, gender, religion, or sexual orientation; (B) to support business development and entrepreneurship; and (C) to support innovation and businesses, job creation, and workforce development in industries expected to continue or increase in force in the applicable area. (4) Consent of parties to cooperation agreement \nIf an applicable area is subject to a cooperation agreement under section 3(b), the RECOMPETE plan for the applicable area shall be— (A) developed in accordance with that cooperation agreement; and (B) consented to by each applicant that is a party to the cooperation agreement. (5) Integration with comprehensive economic development strategy \nIf an applicable area is subject to a comprehensive economic development strategy approved by the Secretary under section 302 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3162 ), the RECOMPETE plan for the applicable area— (A) shall be integrated with that strategy, to the maximum extent practicable; and (B) may be developed and included as a supplemental portion of that strategy, rather than as an independent plan. (6) Approval by Secretary \nThe Secretary shall approve a RECOMPETE plan that the Secretary determines meets the applicable requirements of this subsection. (c) Planning and technical assistance \n(1) Planning assistance \n(A) In general \nFor purposes of assisting a recipient in developing a RECOMPETE plan, the Secretary may make an advance payment of a RECOMPETE grant in accordance with subparagraph (B), if the Secretary determines that— (i) the recipient requires such an advance; and (ii) the advance will be used— (I) effectively; and (II) for planning purposes. (B) Maximum amount \nThe amount of an advance payment under subparagraph (A) shall be equal to not more than the lesser of— (i) an amount equal to 5 percent of the maximum RECOMPETE grant amount to be provided to the applicable recipient; and (ii) $300,000. (C) No cost share \nAn advance payment made under this paragraph shall not be subject to any cost-sharing requirement. (2) Technical assistance \nThe Secretary shall provide technical assistance, if necessary, in each applicable area relating to— (A) the development of a RECOMPETE plan that meets the applicable requirements of this subsection with respect to the applicable area; and (B) implementation of the programs and activities included in the RECOMPETE plan for the applicable area. (d) Use of funds \n(1) In general \nSubject to paragraphs (2) and (3), a recipient or subrecipient may use a RECOMPETE grant to carry out programs and activities in the applicable area, in accordance with the RECOMPETE plan, including— (A) the provision of business advice and assistance to small and medium-sized local businesses and entrepreneurs, including— (i) manufacturing extension services; (ii) small business development centers; (iii) centers to help businesses bid for Federal procurement contracts; (iv) entrepreneurial assistance programs that link entrepreneurs with available public and private resources; (v) legal advice and resources; and (vi) assistance in accessing capital; (B) land and site development programs, such as brownfield redevelopment, research and technology parks, business incubators, business corridor development, and Main Street redevelopment programs; (C) infrastructure and housing activities that are directly related to supporting job creation and employment for residents, such as— (i) improvements to transit, roads, and broadband access; (ii) affordable housing development; (iii) land-use and zoning reforms; and (iv) transit-oriented development activities; (D) job training oriented to local employer needs, such as customized job training programs carried out by local community colleges in partnership with local businesses; (E) workforce outreach programs, such as— (i) programs located in, and targeted to, lower-income and underemployed neighborhoods; and (ii) embedding job placement and training services in neighborhood institutions such as churches, housing projects, and community advocacy programs; (F) job retention programs and activities, such as the provision of— (i) job coaches, including at locations of employment; (ii) child care services, including subsidizing the construction, operation, maintenance, and labor costs of child care centers; and (iii) transportation support, such as support for vehicle repairs to assist in the transit of workers to jobs; and (G) such other programs and activities as the Secretary determines to be appropriate, including any proposed programs or activities that the recipient demonstrates clearly and substantially, to the satisfaction of the Secretary, will directly advance the goals of the RECOMPETE grant program. (2) Method \nIn carrying out programs and activities described in paragraph (1), a recipient or subrecipient may— (A) use amounts provided under a RECOMPETE grant to carry out such a program or activity directly; or (B) enter into a contract or other agreement with a subcontractor or vendor (including nongovernmental, nonprofit organizations and for-profit entities) to carry out such a program or activity. (3) Outside programs and activities \nA recipient acting on behalf of an eligible local community that enters into a cooperation agreement under section 3(b)(2)(A)(ii)(II) with a local community that is not eligible, but is located within the same local labor market, may use amounts provided under a RECOMPETE grant to carry out a program or activity described in paragraph (1) in the ineligible local community, if the program or activity would provide a benefit to residents of the eligible local community. (e) Regional Commissions \n(1) Definition of Regional Commission \nIn this subsection, the term Regional Commission means— (A) any of the Regional Commissions (as defined in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 )); (B) the Northern Border Regional Commission; (C) the Southeast Crescent Regional Commission; (D) the Southwest Border Regional Commission; and (E) any other regional commission established under Federal law, subject to the approval of the Secretary. (2) Technical assistance and support \nIf an applicant (or any portion of the service area of an applicant) is located in a region covered by a Regional Commission, the Regional Commission is encouraged to provide technical assistance and other support relating to applying for a RECOMPETE grant and developing and carrying out a RECOMPETE plan to— (A) the applicant; (B) the lead entity, if applicable; and (C) any other relevant entities. (3) Action by Secretary \nThe Secretary shall— (A) encourage each recipient to coordinate the implementation of a RECOMPETE plan with the activities of each Regional Commission serving the region in which the applicable area is located; and (B) ensure that a copy of the RECOMPETE plan for each applicable area is provided to each affected Regional Commission.", "id": "id35ca4cddf78446018824ed0f00aa4da0", "header": "RECOMPETE grant program" }, { "text": "5. Administration, reporting, and oversight \n(a) Benchmark evaluations \n(1) In general \nThe Secretary shall establish a process under which the Secretary shall conduct periodic benchmark evaluations of each recipient to ensure that the recipient successfully carries out the programs and activities described in the RECOMPETE plan of the recipient. (2) Timing \nThe Secretary shall conduct a benchmark evaluation of a recipient under this subsection— (A) for a recipient of a RECOMPETE grant provided during the initial application period under section 4(a)(2)(B)(i), by not later than 3 years after the date of the initial award of the RECOMPETE grant; and (B) not less frequently than once every 2 years thereafter during the term of the RECOMPETE grant provided to the recipient. (3) Criteria \nIn conducting a benchmark evaluation of a recipient under this subsection, the Secretary shall determine whether the recipient has— (A) adhered to the timelines and requirements of the programs and activities identified in the RECOMPETE plan of the recipient; (B) made sufficient progress toward achieving the benchmarks and objectives described in that RECOMPETE plan; (C) increased the overall employment rate, the prime-age employment rate, median household income, and per capita income in the applicable area; and (D) achieved compliance with such other criteria as the Secretary determines to be relevant. (b) Modification of plans \n(1) Requirement for recipients \nA recipient shall modify the RECOMPETE plan of the recipient, or any program or activity conducted under that RECOMPETE plan, if the Secretary— (A) determines that— (i) such a program or activity is ineffective or underperforming; or (ii) with respect to the RECOMPETE plan, program, or activity— (I) an applicable performance metric or criterion has not been met; or (II) funds have been misused; and (B) directs the recipient to modify the RECOMPETE plan, program, or activity. (2) Authority of Secretary \n(A) Adjustments and increases in funding \nThe Secretary may increase the amount of the RECOMPETE grant provided to the recipient as the Secretary determines to be appropriate, taking into consideration any modifications made to the RECOMPETE plan under paragraph (1), in an amount equal to not more than the maximum amount available on the date of approval of the RECOMPETE grant application for the applicable area and subject to the availability of funds, if the Secretary determines that— (i) events or other factors beyond the control of the recipient significantly— (I) altered applicable project circumstances; or (II) prevented the recipient from meeting the objectives and benchmarks of the RECOMPETE plan; or (ii) a labor market, economic, business, or technology shift, or any other major factor, warrants such a modification and increase in funding. (B) Withholding and terminating funding \nThe Secretary may temporarily withhold or terminate any amount scheduled to be provided under a RECOMPETE grant if the Secretary determines that— (i) after a reasonable effort, an agreement cannot be reached with respect to a modification to a RECOMPETE plan recommended or required by the Secretary under this subsection; or (ii) (I) a gross, intentional misuse of RECOMPETE grant funds (including any activity subject to a penalty under section 605 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3215 )) has occurred; and (II) the individual or entity responsible for the misuse is not removed from all programs and activities carried out under the RECOMPETE plan. (c) Recipient reporting requirements \nEach recipient shall be subject to— (1) the grant reporting requirements under part 200 of title 2, Code of Federal Regulations (or successor regulations); and (2) such additional, clear, annual reporting requirements as the Secretary may establish to gather any information necessary to conduct the benchmark and final evaluations under this section. (d) Final evaluation \n(1) In general \nNot later than 1 year after the final disbursement of a RECOMPETE grant is provided to each recipient, the Secretary, in cooperation with the recipient and each applicable subrecipient, shall conduct a final evaluation of the success of the programs and activities carried out under the RECOMPETE plan of the recipient. (2) Criteria \nThe Secretary shall establish criteria for use in conducting final evaluations under this subsection— (A) in addition to the criteria established under subsection (a)(3); and (B) taking into consideration the goal of reducing the prime-age employment gap of each applicable area by 50 percent. (3) Requirements for recipients \nEach recipient and subrecipient shall— (A) cooperate with the Secretary in conducting a final evaluation under this subsection; and (B) provide to the Secretary any information necessary for that evaluation. (e) Report to Congress \nThe Secretary shall submit to Congress comprehensive and detailed annual reports describing the implementation of this Act, including, with respect to the period covered by the report— (1) (A) a summary assessment of the overall progress of the RECOMPETE grant program; and (B) as data become available, an analysis of the effectiveness of that program; (2) labor market and economic metrics to describe the impact of the RECOMPETE grant program, including any progress made toward— (A) decreasing prime-age employment gaps; or (B) increasing local per capita income; (3) detailed demographic analyses of— (A) the populations served by recipients; and (B) relevant labor market statistics; (4) a summary of the benchmark evaluations conducted under subsection (a), as available; (5) an identification of, and reasons for rejecting or deferring, as applicable, each application submitted under section 4(a)(2), including the applicable annual RECOMPETE grant amount limitation established by the Secretary under subparagraph (C)(i)(II) of that section, if any; and (6) such other details as the Secretary determines to be appropriate. (f) Applicability of PWEDA \n(1) In general \nThe following sections of the Public Works and Economic Development Act of 1965 shall apply to this Act (including the RECOMPETE grant program): (A) Section 211 ( 42 U.S.C. 3151 ). (B) Section 503 ( 42 U.S.C. 3193 ). (C) Section 504 ( 42 U.S.C. 3194 ). (D) Section 602 ( 42 U.S.C. 3212 ). (E) Section 604 ( 42 U.S.C. 3214 ). (F) Section 605 ( 42 U.S.C. 3215 ). (G) Section 608 ( 42 U.S.C. 3218 ). (H) Section 610 ( 42 U.S.C. 3220 ). (2) Authorities and duties of Secretary \nThe Secretary shall have the authorities and duties provided by the sections of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) referred to in paragraph (1) in administering and enforcing this Act (including the RECOMPETE grant program).", "id": "id7701a51ab8724ca8abfda6f7591dc689", "header": "Administration, reporting, and oversight" }, { "text": "6. Funding \n(a) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this Act $175,000,000,000 for fiscal year 2022, to remain available until expended. (b) Allocation \n(1) In general \nSubject to paragraph (2), of the amounts made available under subsection (a), the Secretary shall allocate— (A) not less than 70 percent to recipients acting on behalf of local labor markets or partial local labor markets; (B) not more than 20 percent to recipients acting on behalf of local communities; and (C) not less than 10 percent to eligible Tribal governments. (2) Treatment of certain amounts \nThe amounts allocated pursuant to paragraphs (5) and (6)(B) of subsection (c) shall not be taken into consideration for purposes of calculations under paragraph (1). (3) Administrative costs and personnel \n(A) In general \nOf any amounts made available to carry out this Act, the Secretary shall transfer not less than 1 percent to the Salary and Expenses Account of the Secretary for the costs of administration and oversight of this Act. (B) Personnel \nThe Secretary may— (i) appoint and fix the compensation of such temporary personnel as may be necessary to carry out this Act; and (ii) effective beginning on the date on which an individual appointed under clause (i) has served continuously in that appointment for 2 years, appoint the individual to a position in the Economic Development Administration in the same manner in which competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such a position, at which time the individual shall become a career-conditional employee, unless the individual has completed the service requirements for career tenure. (c) Grant formulas \n(1) In general \nSubject to subsection (e), based on the information relating to projected costs contained in applicable RECOMPETE plans under subparagraph (C) of section 4(b)(2), and the justifications described in subparagraph (D) of that section, the amount of a RECOMPETE grant provided to a recipient shall be determined in accordance with this subsection. (2) Local labor markets \nAn eligible local labor market may receive not more than the amount equal to the product obtained by multiplying— (A) the prime-age employment gap of the local labor market; (B) the prime-age population of the local labor market; and (C) $70,585. (3) Local communities \nSubject to paragraph (6), an eligible local community may receive not more than the amount equal to the product obtained by multiplying— (A) the prime-age employment gap of the local community; (B) the prime-age population of the local community; and (C) $53,600. (4) Partial local labor markets \nAn eligible partial local labor market may receive not more than the amount equal to the product obtained by multiplying— (A) the population of the partial local labor market; (B) the lesser of— (i) the prime-age employment gap of the local labor market within which the partial local labor market is located; and (ii) the prime-age employment gap of the partial local labor market; and (C) $70,585. (5) Tribal governments \n(A) In general \nAn eligible Tribal government may receive not more than the amount equal to the product obtained by multiplying, subject to subparagraph (B)— (i) the prime-age employment gap of the Tribal government; (ii) the prime-age population of the Tribal government; and (iii) $70,585. (B) Calculation of population \n(i) In general \nSubject to clause (ii), for purposes of subparagraph (A), the population of a Tribal government shall be equal to the sum obtained by adding— (I) the product obtained by multiplying— (aa) the total number of individuals residing on the Tribal land of the Tribal government; and (bb) 0.65; and (II) the product obtained by multiplying— (aa) the total number of individuals included on the membership roll of the Tribal government; and (bb) 0.35. (ii) Use of data \nEach calculation under clause (i) shall be determined based on data provided by the applicable Tribal government to the Department of the Treasury under the Coronavirus State and Local Fiscal Recovery Fund programs under title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ) (as amended by subtitle M of title IX of the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 4)). (6) Local communities with cooperation agreements \nIf an eligible local community elects to enter into a cooperation agreement under section 3(b)(2)(A) with 1 or more local communities that are not eligible— (A) each eligible local community that is a party to the cooperation agreement may receive the maximum amount available to the eligible local community, as determined under paragraph (3); and (B) the Secretary may award to the lead entity an additional amount equal to not more than 10 percent of the total amount provided under subparagraph (A), for distribution by the lead entity to any local community or other applicant that is a party to the cooperation agreement, regardless of whether the local community or other applicant is eligible, for use in accordance with the applicable RECOMPETE plan. (d) Obligation and disbursement of funds \n(1) In general \nOn approval by the Secretary of an application under section 4(a)(2)(E), the Secretary shall— (A) obligate the entire amount of the RECOMPETE grant for the applicable recipient; and (B) disburse that amount to the recipient annually for each of the 10 fiscal years beginning after the date of obligation, in accordance with this subsection. (2) Proposals \nTo receive an annual disbursement under paragraph (1), a recipient shall submit to the Secretary a proposal describing the intended use by the recipient of the disbursement during the applicable fiscal year (including the programs and activities proposed to be carried out and any subcontractor or vendor proposed to be used for those purposes), in accordance with the RECOMPETE plan of the recipient. (3) Provision of funding \nOn approval by the Secretary of a proposal submitted by a recipient under paragraph (2), the Secretary shall disburse to the recipient the amount of the RECOMPETE grant due to the recipient for the fiscal year, for use in accordance with— (A) the proposal; and (B) the RECOMPETE plan of the recipient. (e) Cost sharing \n(1) Federal share \n(A) In general \nThe Federal share of the cost of each program and activity carried out using a RECOMPETE grant shall be the cost share described in subparagraph (B) for the applicable recipient, subject to subparagraph (C) and paragraphs (2) through (4). (B) Descriptions of cost shares \n(i) Local labor markets \nFor an eligible local labor market, the cost share referred to in subparagraph (A) shall be— (I) 50 percent for an eligible local labor market with a prime-age employment gap equal to— (aa) not less than 2.5 percent; but (bb) less than 3 percent; and (II) an additional 6.25 percent for each prime-age employment gap percentage point of 3 percent or more, as determined in accordance with the following table: Local labor market prime-age employment gap Federal share 3 percent to less than 4 percent 56.25 percent 4 percent to less than 5 percent 62.5 percent 5 percent to less than 6 percent 68.75 percent 6 percent to less than 7 percent 75 percent 7 percent to less than 8 percent 81.25 percent 8 percent to less than 9 percent 87.5 percent 9 percent to less than 10 percent 93.75 percent 10 percent or greater 100 percent. (ii) Local communities \nFor an eligible local community, the cost share referred to in subparagraph (A) shall be— (I) 68.75 percent for an eligible local community with a prime-age employment gap equal to— (aa) not less than 5 percent; but (bb) less than 6 percent; and (II) an additional 6.25 percent for each prime-age employment gap percentage point of 6 percent or more, up to 100 percent, as determined in accordance with the following table: Local community prime-age employment gap Federal share 6 percent to less than 7 percent 75 percent 7 percent to less than 8 percent 81.25 percent 8 percent to less than 9 percent 87.5 percent 9 percent to less than 10 percent 93.75 percent 10 percent or greater 100 percent. (iii) Partial local labor markets \n(I) In general \nSubject to subclause (II), for an eligible partial local labor market, the cost share referred to in subparagraph (A) shall be— (aa) 50 percent for an eligible partial local labor market with a prime-age employment gap equal to— (AA) not less than 2.5 percent; but (BB) less than 3 percent; and (bb) an additional 6.25 percent for each prime-age employment gap percentage point of 3 percent or more, as determined in accordance with the following table: Lesser of partial local labor market, and local labor market, prime-age employment gaps Federal share 3 percent to less than 4 percent 56.25 percent 4 percent to less than 5 percent 62.5 percent 5 percent to less than 6 percent 68.75 percent 6 percent to less than 7 percent 75 percent 7 percent to less than 8 percent 81.25 percent 8 percent to less than 9 percent 87.5 percent 9 percent to less than 10 percent 93.75 percent 10 percent or greater 100 percent. (II) Certain local labor markets \nIf an eligible partial local labor market is located within a local labor market with a prime-age employment gap that is less than the prime-age employment gap of the partial local labor market, the prime-age employment gap of the local labor market shall be used for purposes of calculating the Federal share of the partial local labor market under subclause (I). (iv) Tribal governments \nFor an eligible Tribal government, the cost share referred to in subparagraph (A) shall be 100 percent. (C) Available increases \n(i) Relative need \nThe Federal share determined for a recipient under clause (i), (ii), or (iii) of subparagraph (B) may be increased, based on the relative need of each applicable area and recipient and in accordance with such regulations as the Secretary may promulgate, to not more than 80 percent of the total estimated cost of the programs and activities included in the RECOMPETE Plan for the applicable area. (ii) Severe economic need \nThe Federal share determined for a recipient under subparagraph (B) may be increased to not more than 100 percent of the total estimated cost of the programs and activities included in the RECOMPETE Plan for the applicable area in any case in which the Secretary determines that the recipient or a subrecipient has— (I) exhausted all other reasonable financing and funding options; and (II) demonstrated severe economic need. (2) Special rule \n(A) In general \nExcept as provided in subparagraph (B), the Federal share calculated for an eligible local community under paragraph (1) shall not be reduced due to an election by the eligible local community to enter into a cooperation agreement under section 3(b)(2)(A). (B) Exception \nIf additional amounts are provided for an eligible local community for distribution to subrecipients under section 3(b)(2)(A)(iii), the Federal share calculated under paragraph (1) for the eligible local community shall be not more than 50 percent, subject to any increase in accordance with clause (i) or (ii) of paragraph (1)(C), as applicable. (3) Non-Federal contributions \nIn calculating the non-Federal share of the cost of a program or activity carried out under a RECOMPETE plan, the Secretary may provide a credit toward the non-Federal share for any non-Federal contribution to the program or activity— (A) in cash or in-kind; (B) fairly evaluated; and (C) including any contribution of space, equipment, assumption of debt, or service. (4) Reassessment \n(A) In general \nThe Federal share and non-Federal share determined for a recipient under paragraphs (1) and (2) shall apply during the period beginning on the date of enactment of this Act and ending on the date on which the initial benchmark evaluation relating to the recipient is conducted under section 5(a). (B) Periodic reevaluation \nAs soon as practicable after the date on which each benchmark evaluation relating to a recipient is conducted under section 5(a), the Secretary shall— (i) reevaluate the Federal share and non-Federal share determined for the recipient under this subsection; and (ii) determine whether such a cost share should be adjusted, subject to subparagraph (C). (C) Limitation on Federal share \nThe Federal share determined for a recipient under this subsection— (i) shall not be decreased by more than— (I) 10 percent, as compared to the Federal share determined for the recipient under this subsection for the preceding period; or (II) 30 percent, in total; and (ii) shall be not less than 50 percent.", "id": "idf9915d60911f48a7a9b98f9675ffe8fb", "header": "Funding" } ]
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1. Short title This Act may be cited as the Rebuilding Economies and Creating Opportunities for More People to Excel Act or the RECOMPETE Act. 2. Definitions In this Act: (1) Applicable area The term applicable area — (A) with respect to a local labor market, local community, or partial local labor market— (i) means— (I) the geographical area of the local labor market, local community, or partial local labor market; and (II) each corresponding unit of local government in the geographical area described in subclause (I); and (ii) does not include any Tribal land in the geographical area described in clause (i)(I), unless the Tribal government with jurisdiction over the Tribal land elects to participate in an applicable cooperation agreement under section 3(b)(2)(B); and (B) with respect to a Tribal government, means the Tribal land subject to the jurisdiction of the Tribal government. (2) Applicant The term applicant means— (A) a unit of general local government, such as a county or a county equivalent (including a borough in the State of Alaska and a parish in the State of Louisiana), city, town, village, or other general-purpose political subdivision of a State; (B) the District of Columbia; (C) a territory or possession of the United States; (D) a Tribal government; (E) a State-authorized political subdivision or other entity, such as a special-purpose entity engaged in economic development activities; (F) a public or private nonprofit organization, acting in cooperation with the officials of a political subdivision or entity described in subparagraph (E); (G) an economic development district (as defined in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 )); and (H) a consortium of units of general local government within an applicable area. (3) Cooperation agreement The term cooperation agreement means an agreement entered into under section 3(b) relating to the implementation of a RECOMPETE plan for an applicable area. (4) Eligible The term eligible means— (A) with respect to a local labor market, local community, partial local labor market, or Tribal government, that the local labor market, local community, partial local labor market, or Tribal government meets the applicable distress eligibility criteria described in section 3(a); and (B) with respect to an applicant or lead entity, that the applicant or lead entity has submitted an application for a RECOMPETE grant under section 4(a)(2) relating to a local labor market, local community, partial local labor market, or Tribal government described in subparagraph (A). (5) Lead entity The term lead entity means an applicant designated to act as a lead entity pursuant to an applicable cooperation agreement. (6) Local community (A) In general The term local community means the area served by an applicant described in paragraph (2)(A) that— (i) (I) is located within a local labor market or partial local labor market that is not eligible; or (II) is not coexistent with a local labor market; and (ii) meets such additional criteria, including a minimum population requirement, as the Secretary may establish. (B) Inclusions The term local community includes a consortium of 2 or more applicants described in subparagraph (A)— (i) all of which are located within the same local labor market; or (ii) each of which is directly adjacent to an area described in subparagraph (A). (7) Local labor market The term local labor market means any of the following areas that contains 1 or more applicants described in subparagraphs (A) through (C) of paragraph (2): (A) A commuting zone, as defined by the Economic Research Service of the Department of Agriculture. (B) Subject to subparagraph (C), if 1 or more discrete metropolitan statistical areas or micropolitan statistical areas, as defined by the Office of Management and Budget (collectively referred to as core-based statistical areas ), exist within a commuting zone described in subparagraph (A), each such core-based statistical area. (C) If the remaining area of a commuting zone described in subparagraph (A), excluding all core-based statistical areas within the commuting zone described in subparagraph (B), contains 1 or fewer counties and has a population of 7,500 or fewer residents, that remaining area combined with an adjacent core-based statistical area within the commuting zone. (8) Partial local labor market The term partial local labor market means a geographical area that— (A) is located within, but is not coextensive with, a local labor market; and (B) contains 1 or more applicants described in subparagraphs (A) through (C) of paragraph (2). (9) Prime-age The term prime-age means individuals between the ages of 25 years and 54 years. (10) Prime-age employment gap (A) In general The term prime-age employment gap , with respect to an applicable area, means the difference (expressed as a percentage), calculated in accordance with subparagraph (B), between— (i) the national 5-year average prime-age employment rate; and (ii) the 5-year average prime-age employment rate of the applicable area. (B) Calculation For purposes of calculating the prime-age employment gap under subparagraph (A), an applicant shall use data relating to the most recent 5-year period for which data are available preceding the first date of the application period established for the applicant under section 4(a)(2)(B). (11) Prime-age employment rate (A) In general The term prime-age employment rate , with respect to an applicable area, means the quotient (expressed as a percentage), calculated in accordance with subparagraph (B), obtained by dividing— (i) the 5-year average quantity of the prime-age population of the applicable area that is employed; by (ii) the total prime-age population of the applicable area. (B) Calculation For purposes of calculating the prime-age employment rate under subparagraph (A), an applicant shall use data relating to the most recent 5-year period for which data are available preceding the first date of the application period established for the applicant under section 4(a)(2)(B). (12) Recipient The term recipient means, as applicable— (A) an applicant to which a RECOMPETE grant is provided; or (B) a lead entity designated pursuant to a cooperation agreement entered into under section 3(b) for an applicable area for which a RECOMPETE grant is provided. (13) RECOMPETE grant The term RECOMPETE grant means a grant provided to a recipient under section 4(a). (14) RECOMPETE plan The term RECOMPETE plan means a plan developed by an applicant under section 4(b). (15) Secretary The term Secretary means the Secretary of Commerce, acting through the Assistant Secretary for Economic Development. (16) Subrecipient The term subrecipient means an applicant located within an applicable area that— (A) is not a recipient; but (B) receives funds provided under a RECOMPETE grant in such manner and in such amounts as may be agreed to in the RECOMPETE plan for the applicable area. (17) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published by the Bureau of Indian Affairs on January 29, 2021, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (18) Tribal land The term Tribal land means— (A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under Federal law; or (iii) by a dependent Indian community. 3. Distress eligibility criteria and cooperation agreements (a) Distress eligibility (1) Criteria To be eligible for a RECOMPETE grant, a local labor market, local community, partial local labor market, or Tribal government shall meet the following criteria, as applicable, as determined by the Secretary: (A) Local labor markets A local labor market shall have a prime-age employment gap equal to not less than 2.5 percent. (B) Local communities A local community shall— (i) meet the applicable requirements described in section 2(6); and (ii) have— (I) a median household income equal to not more than $75,000; and (II) (aa) a prime-age employment gap of not less than 5 percent; or (bb) as determined by the Secretary, a special need arising from— (AA) a recent decrease in the applicable prime-age employment rate; or (BB) another severe economic disruption that is likely to reduce the applicable prime-age employment rate. (C) Partial local labor markets A partial local labor market shall— (i) have a prime-age employment gap equal to not less than 2.5 percent; and (ii) receive a waiver under subsection (b)(3)(A). (D) Tribal governments (i) In general A Tribal government shall have a prime-age employment gap of not less than 2.5 percent, as calculated under clause (ii). (ii) Calculation For purposes of clause (i), the prime-age employment gap of a Tribal government shall be calculated, with respect to the most recent 5-year period for which data are available, for all individuals residing on the Tribal land of the Tribal government. (2) Limitations (A) Applicable areas A local labor market, local community, partial local labor market, or Tribal government shall not be eligible to receive more than 1 RECOMPETE grant. (B) Applicants For purposes of the RECOMPETE grant program, an applicant may not be considered to be located in, or submit an application under section 4(a)(2) on behalf of, more than 1 eligible local labor market, local community, partial local labor market, or Tribal government. (b) Cooperation agreements (1) Requirement (A) In general Subject to paragraph (3), if an applicable area contains 2 or more applicants described in subparagraph (A), (B), or (C) of section 2(2), each such applicant shall, as a condition of receiving a RECOMPETE grant for the applicable area— (i) enter into a legally binding cooperation agreement for the applicable area in accordance with subparagraph (C); and (ii) designate 1 applicant as the lead entity to act in a representative capacity for purposes of assuming overall responsibility for carrying out the programs and activities, and achieving compliance with the applicable requirements, under the RECOMPETE grant. (B) Participation by other applicants An applicant described in subparagraph (E), (F), or (G) of section 2(2) that is located in an applicable area for which a cooperation agreement is entered into under subparagraph (A) may elect to join the cooperation agreement, at the discretion of the applicant. (C) Terms A cooperation agreement under this subsection shall include— (i) a written statement that— (I) is executed by each applicant that is a party to the cooperation agreement; and (II) establishes the consent of the applicant to be bound by the terms of— (aa) the cooperation agreement; and (bb) the RECOMPETE plan for the applicable area; and (ii) a process for redress of any action, or failure to act, by the lead entity that is detrimental to an applicant. (D) Limitation An applicable area may be the subject of only 1 cooperation agreement. (2) Election by local communities and Tribal governments (A) Local communities (i) In general A local community may enter into a cooperation agreement described in paragraph (1) with any other local communities located within the same local labor market, subject to the condition that 1 or more of those local communities shall be an eligible local community. (ii) Parties A cooperation agreement under clause (i) may be executed between or among— (I) an eligible local community; and (II) 1 or more— (aa) other eligible local communities, or applicants within an eligible local community, located within the same local labor market; or (bb) applicants that are not located within an eligible local community, but are located within the same local labor market as an eligible local community. (iii) Additional amounts On execution of a cooperation agreement under this subparagraph involving 1 or more applicants described in clause (ii)(II)(bb), the Secretary may award additional amounts in accordance with subsection (c)(6) of section 6, subject to the applicable cost-sharing requirements of subsection (e)(2) of that section. (B) Tribal governments (i) In general Regardless of whether the Tribal government is eligible, subject to clause (ii), a Tribal government may elect to enter into a cooperation agreement described in paragraph (1) with 1 or more applicants from an eligible local labor market, local community, or partial local labor market that is adjacent to the Tribal land of the Tribal government. (ii) Deadline An election by a Tribal government under clause (i) shall be made by not later than 45 days after the first date of the application period established for the Tribal government under section 4(a)(2)(B). (iii) Treatment If a Tribal government elects to enter into a cooperation agreement under clause (i)— (I) the Tribal land of the Tribal government shall be— (aa) considered to be included in the applicable area of the eligible local labor market, local community, or partial local labor market that is the subject of the cooperation agreement; and (bb) subject to the RECOMPETE plan for the applicable area described in item (aa); and (II) the amount of the RECOMPETE grant to which the Tribal government is otherwise eligible to receive, if applicable— (aa) shall not be decreased; and (bb) shall be added to the amount provided to the applicable lead entity for use in accordance with the RECOMPETE plan. (iv) Encouragement to collaborate To the maximum extent practicable, the Secretary shall encourage Tribal governments to enter into cooperation agreements described in clause (i). (v) Effect of subparagraph Nothing in this subparagraph— (I) requires a Tribal government to enter into a cooperation agreement in order to receive a RECOMPETE grant; (II) penalizes a Tribal government that does not elect to participate in a cooperation agreement; or (III) otherwise affects the amount of a RECOMPETE grant to be provided to any Tribal government. (3) Waivers (A) In general The Secretary may waive the requirement under paragraph (1) with respect to an applicant acting on behalf of a partial local labor market that— (i) meets the criterion described in subsection (a)(1)(C)(i); (ii) is located within an eligible local labor market with respect to which a cooperation agreement is unable to be executed under paragraph (1), despite reasonable efforts; and (iii) submits to the Secretary a request for a waiver under this paragraph demonstrating the ability to carry out the programs and activities, and achieve compliance with the applicable requirements, under sections 4 and 5 in the applicable area. (B) Effect On receipt of a waiver under subparagraph (A), a partial local labor market— (i) shall be eligible to receive a RECOMPETE grant; and (ii) may elect to carry out the programs and activities, and achieve compliance with the applicable requirements, in the applicable area under the RECOMPETE grant— (I) independently; or (II) by designating from among applicants located within the applicable area a lead entity pursuant to a cooperation agreement described in paragraph (1), which shall submit to the Secretary a written notice in accordance with paragraph (4). (4) Submission to Secretary On execution of a cooperation agreement under paragraph (1), (2), or (3)(B)(ii)(II), the lead entity shall submit to the Secretary a written notice that— (A) describes— (i) the cooperation agreement; (ii) the date of execution of the cooperation agreement; (iii) the authorization of the lead entity under the cooperation agreement; and (iv) the formation of a consortium described in section 2(2)(H) under the cooperation agreement, if applicable; and (B) includes— (i) a copy of each written statement under paragraph (1)(C)(i) relating to the cooperation agreement; and (ii) any necessary certifications or other documentation relating to the cooperation agreement. 4. RECOMPETE grant program (a) Establishment (1) In general The Secretary shall establish a formula grant program under which the Secretary shall provide to eligible applicants and lead entities block grants, to be known as RECOMPETE grants , to carry out programs and activities in the applicable areas served by the applicants and lead entities that— (A) create quality jobs; (B) provide resources to help local residents— (i) access opportunities; and (ii) attain and retain employment; (C) increase local per capita income and prime-age employment rates; and (D) support long-term, sustained economic growth and opportunity in persistently distressed areas. (2) Applications (A) In general To be considered for the provision of a RECOMPETE grant, an eligible applicant or lead entity shall submit to the Secretary an application— (i) at such time, in such manner, and containing such information as the Secretary determines to be appropriate; and (ii) that includes a RECOMPETE plan for the applicable area served by the applicant or lead entity, in accordance with subsection (b). (B) Application windows In carrying out the RECOMPETE grant program, the Secretary shall establish the periods during which applications may be submitted under subparagraph (A), subject to the conditions that— (i) the initial application period established under this subparagraph shall be not less than 3 years; and (ii) for the second application period under this subparagraph and each period thereafter, the Secretary may, as the Secretary determines to be appropriate— (I) extend the period; (II) accept late applications; (III) initiate a new application cycle; and (IV) establish additional rules and regulations under this subsection. (C) Limitations (i) In general Subject to clause (ii), the Secretary may establish a limitation on— (I) the number of applications to be accepted by the Secretary during each fiscal year from each type of applicant; and (II) the total amount of each RECOMPETE grant payment provided for each fiscal year. (ii) Requirements In establishing any limitation under clause (i), the Secretary shall ensure that— (I) each applicant and lead entity that submits to the Secretary an application satisfactory to the Secretary for an application period established under subparagraph (B) shall be considered for receipt of a RECOMPETE grant during that application period; and (II) the Secretary is able— (aa) to review applications and provide technical assistance and expertise to applicants in the development and implementation of RECOMPETE plans; and (bb) to conduct benchmark evaluations and meet applicable reporting requirements in accordance with section 5. (D) Priority In selecting recipients of RECOMPETE grants, the Secretary shall give priority consideration to severely distressed, eligible— (i) local labor markets; and (ii) Tribal governments. (E) Approval The Secretary shall approve or disapprove each application submitted under this paragraph (including the RECOMPETE plan included in the application) as soon as practicable after the date of receipt of the application. (3) Term A RECOMPETE grant shall— (A) have a term of 10 fiscal years; and (B) be disbursed over that term in accordance with section 6(d). (b) RECOMPETE plans (1) In general As a condition of receipt of a RECOMPETE grant, the application of an applicant or lead entity under subsection (a)(2) shall include a RECOMPETE plan for the applicable area served by the applicant or lead entity in accordance with this subsection. (2) Requirements A RECOMPETE plan shall include the following information with respect to the applicable area: (A) An identification of— (i) each economic development challenge proposed to be addressed using a RECOMPETE grant; and (ii) any past, present, or projected future economic development investments in the applicable area, including, with respect to the investment— (I) each public and private participant; and (II) each source of funding. (B) A comprehensive strategy, for the 10-year period beginning on the proposed date of receipt of a RECOMPETE grant, to address the economic challenges identified under subparagraph (A)(i), in accordance with subsection (d), in a manner that— (i) promotes long-term, sustained economic growth, opportunity, job creation, employment, and increased per capita income; (ii) reduces the prime-age employment gap of the applicable area; (iii) creates jobs and connects local workers to employment and other economic opportunities; (iv) maximizes the effective development and use of the local workforce; and (v) provides accessible resources to support job attainment and retention. (C) The total projected cost to carry out the RECOMPETE plan. (D) The total amount of the RECOMPETE grant requested, and the justification for that amount. (E) The roles and responsibilities of each recipient and subrecipient carrying out an activity under the RECOMPETE plan. (F) The proposed allocation by the recipient to subrecipients of any RECOMPETE grant amounts. (G) An identification of certain benchmark criteria for use in benchmark evaluations under section 5(a), including reducing the prime-age employment gap of the applicable area by certain percentages at periodic intervals, with the goals of— (i) reducing the prime-age employment gap by not less than 50 percent on completion of the term of the RECOMPETE grant provided to the recipient; and (ii) achieving compliance with such other criteria as the Secretary may establish. (3) Optional inclusions A RECOMPETE plan may include strategies— (A) to address inequality in the applicable area, such as inequality with respect to income, opportunity, or employment on the basis of race, gender, religion, or sexual orientation; (B) to support business development and entrepreneurship; and (C) to support innovation and businesses, job creation, and workforce development in industries expected to continue or increase in force in the applicable area. (4) Consent of parties to cooperation agreement If an applicable area is subject to a cooperation agreement under section 3(b), the RECOMPETE plan for the applicable area shall be— (A) developed in accordance with that cooperation agreement; and (B) consented to by each applicant that is a party to the cooperation agreement. (5) Integration with comprehensive economic development strategy If an applicable area is subject to a comprehensive economic development strategy approved by the Secretary under section 302 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3162 ), the RECOMPETE plan for the applicable area— (A) shall be integrated with that strategy, to the maximum extent practicable; and (B) may be developed and included as a supplemental portion of that strategy, rather than as an independent plan. (6) Approval by Secretary The Secretary shall approve a RECOMPETE plan that the Secretary determines meets the applicable requirements of this subsection. (c) Planning and technical assistance (1) Planning assistance (A) In general For purposes of assisting a recipient in developing a RECOMPETE plan, the Secretary may make an advance payment of a RECOMPETE grant in accordance with subparagraph (B), if the Secretary determines that— (i) the recipient requires such an advance; and (ii) the advance will be used— (I) effectively; and (II) for planning purposes. (B) Maximum amount The amount of an advance payment under subparagraph (A) shall be equal to not more than the lesser of— (i) an amount equal to 5 percent of the maximum RECOMPETE grant amount to be provided to the applicable recipient; and (ii) $300,000. (C) No cost share An advance payment made under this paragraph shall not be subject to any cost-sharing requirement. (2) Technical assistance The Secretary shall provide technical assistance, if necessary, in each applicable area relating to— (A) the development of a RECOMPETE plan that meets the applicable requirements of this subsection with respect to the applicable area; and (B) implementation of the programs and activities included in the RECOMPETE plan for the applicable area. (d) Use of funds (1) In general Subject to paragraphs (2) and (3), a recipient or subrecipient may use a RECOMPETE grant to carry out programs and activities in the applicable area, in accordance with the RECOMPETE plan, including— (A) the provision of business advice and assistance to small and medium-sized local businesses and entrepreneurs, including— (i) manufacturing extension services; (ii) small business development centers; (iii) centers to help businesses bid for Federal procurement contracts; (iv) entrepreneurial assistance programs that link entrepreneurs with available public and private resources; (v) legal advice and resources; and (vi) assistance in accessing capital; (B) land and site development programs, such as brownfield redevelopment, research and technology parks, business incubators, business corridor development, and Main Street redevelopment programs; (C) infrastructure and housing activities that are directly related to supporting job creation and employment for residents, such as— (i) improvements to transit, roads, and broadband access; (ii) affordable housing development; (iii) land-use and zoning reforms; and (iv) transit-oriented development activities; (D) job training oriented to local employer needs, such as customized job training programs carried out by local community colleges in partnership with local businesses; (E) workforce outreach programs, such as— (i) programs located in, and targeted to, lower-income and underemployed neighborhoods; and (ii) embedding job placement and training services in neighborhood institutions such as churches, housing projects, and community advocacy programs; (F) job retention programs and activities, such as the provision of— (i) job coaches, including at locations of employment; (ii) child care services, including subsidizing the construction, operation, maintenance, and labor costs of child care centers; and (iii) transportation support, such as support for vehicle repairs to assist in the transit of workers to jobs; and (G) such other programs and activities as the Secretary determines to be appropriate, including any proposed programs or activities that the recipient demonstrates clearly and substantially, to the satisfaction of the Secretary, will directly advance the goals of the RECOMPETE grant program. (2) Method In carrying out programs and activities described in paragraph (1), a recipient or subrecipient may— (A) use amounts provided under a RECOMPETE grant to carry out such a program or activity directly; or (B) enter into a contract or other agreement with a subcontractor or vendor (including nongovernmental, nonprofit organizations and for-profit entities) to carry out such a program or activity. (3) Outside programs and activities A recipient acting on behalf of an eligible local community that enters into a cooperation agreement under section 3(b)(2)(A)(ii)(II) with a local community that is not eligible, but is located within the same local labor market, may use amounts provided under a RECOMPETE grant to carry out a program or activity described in paragraph (1) in the ineligible local community, if the program or activity would provide a benefit to residents of the eligible local community. (e) Regional Commissions (1) Definition of Regional Commission In this subsection, the term Regional Commission means— (A) any of the Regional Commissions (as defined in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 )); (B) the Northern Border Regional Commission; (C) the Southeast Crescent Regional Commission; (D) the Southwest Border Regional Commission; and (E) any other regional commission established under Federal law, subject to the approval of the Secretary. (2) Technical assistance and support If an applicant (or any portion of the service area of an applicant) is located in a region covered by a Regional Commission, the Regional Commission is encouraged to provide technical assistance and other support relating to applying for a RECOMPETE grant and developing and carrying out a RECOMPETE plan to— (A) the applicant; (B) the lead entity, if applicable; and (C) any other relevant entities. (3) Action by Secretary The Secretary shall— (A) encourage each recipient to coordinate the implementation of a RECOMPETE plan with the activities of each Regional Commission serving the region in which the applicable area is located; and (B) ensure that a copy of the RECOMPETE plan for each applicable area is provided to each affected Regional Commission. 5. Administration, reporting, and oversight (a) Benchmark evaluations (1) In general The Secretary shall establish a process under which the Secretary shall conduct periodic benchmark evaluations of each recipient to ensure that the recipient successfully carries out the programs and activities described in the RECOMPETE plan of the recipient. (2) Timing The Secretary shall conduct a benchmark evaluation of a recipient under this subsection— (A) for a recipient of a RECOMPETE grant provided during the initial application period under section 4(a)(2)(B)(i), by not later than 3 years after the date of the initial award of the RECOMPETE grant; and (B) not less frequently than once every 2 years thereafter during the term of the RECOMPETE grant provided to the recipient. (3) Criteria In conducting a benchmark evaluation of a recipient under this subsection, the Secretary shall determine whether the recipient has— (A) adhered to the timelines and requirements of the programs and activities identified in the RECOMPETE plan of the recipient; (B) made sufficient progress toward achieving the benchmarks and objectives described in that RECOMPETE plan; (C) increased the overall employment rate, the prime-age employment rate, median household income, and per capita income in the applicable area; and (D) achieved compliance with such other criteria as the Secretary determines to be relevant. (b) Modification of plans (1) Requirement for recipients A recipient shall modify the RECOMPETE plan of the recipient, or any program or activity conducted under that RECOMPETE plan, if the Secretary— (A) determines that— (i) such a program or activity is ineffective or underperforming; or (ii) with respect to the RECOMPETE plan, program, or activity— (I) an applicable performance metric or criterion has not been met; or (II) funds have been misused; and (B) directs the recipient to modify the RECOMPETE plan, program, or activity. (2) Authority of Secretary (A) Adjustments and increases in funding The Secretary may increase the amount of the RECOMPETE grant provided to the recipient as the Secretary determines to be appropriate, taking into consideration any modifications made to the RECOMPETE plan under paragraph (1), in an amount equal to not more than the maximum amount available on the date of approval of the RECOMPETE grant application for the applicable area and subject to the availability of funds, if the Secretary determines that— (i) events or other factors beyond the control of the recipient significantly— (I) altered applicable project circumstances; or (II) prevented the recipient from meeting the objectives and benchmarks of the RECOMPETE plan; or (ii) a labor market, economic, business, or technology shift, or any other major factor, warrants such a modification and increase in funding. (B) Withholding and terminating funding The Secretary may temporarily withhold or terminate any amount scheduled to be provided under a RECOMPETE grant if the Secretary determines that— (i) after a reasonable effort, an agreement cannot be reached with respect to a modification to a RECOMPETE plan recommended or required by the Secretary under this subsection; or (ii) (I) a gross, intentional misuse of RECOMPETE grant funds (including any activity subject to a penalty under section 605 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3215 )) has occurred; and (II) the individual or entity responsible for the misuse is not removed from all programs and activities carried out under the RECOMPETE plan. (c) Recipient reporting requirements Each recipient shall be subject to— (1) the grant reporting requirements under part 200 of title 2, Code of Federal Regulations (or successor regulations); and (2) such additional, clear, annual reporting requirements as the Secretary may establish to gather any information necessary to conduct the benchmark and final evaluations under this section. (d) Final evaluation (1) In general Not later than 1 year after the final disbursement of a RECOMPETE grant is provided to each recipient, the Secretary, in cooperation with the recipient and each applicable subrecipient, shall conduct a final evaluation of the success of the programs and activities carried out under the RECOMPETE plan of the recipient. (2) Criteria The Secretary shall establish criteria for use in conducting final evaluations under this subsection— (A) in addition to the criteria established under subsection (a)(3); and (B) taking into consideration the goal of reducing the prime-age employment gap of each applicable area by 50 percent. (3) Requirements for recipients Each recipient and subrecipient shall— (A) cooperate with the Secretary in conducting a final evaluation under this subsection; and (B) provide to the Secretary any information necessary for that evaluation. (e) Report to Congress The Secretary shall submit to Congress comprehensive and detailed annual reports describing the implementation of this Act, including, with respect to the period covered by the report— (1) (A) a summary assessment of the overall progress of the RECOMPETE grant program; and (B) as data become available, an analysis of the effectiveness of that program; (2) labor market and economic metrics to describe the impact of the RECOMPETE grant program, including any progress made toward— (A) decreasing prime-age employment gaps; or (B) increasing local per capita income; (3) detailed demographic analyses of— (A) the populations served by recipients; and (B) relevant labor market statistics; (4) a summary of the benchmark evaluations conducted under subsection (a), as available; (5) an identification of, and reasons for rejecting or deferring, as applicable, each application submitted under section 4(a)(2), including the applicable annual RECOMPETE grant amount limitation established by the Secretary under subparagraph (C)(i)(II) of that section, if any; and (6) such other details as the Secretary determines to be appropriate. (f) Applicability of PWEDA (1) In general The following sections of the Public Works and Economic Development Act of 1965 shall apply to this Act (including the RECOMPETE grant program): (A) Section 211 ( 42 U.S.C. 3151 ). (B) Section 503 ( 42 U.S.C. 3193 ). (C) Section 504 ( 42 U.S.C. 3194 ). (D) Section 602 ( 42 U.S.C. 3212 ). (E) Section 604 ( 42 U.S.C. 3214 ). (F) Section 605 ( 42 U.S.C. 3215 ). (G) Section 608 ( 42 U.S.C. 3218 ). (H) Section 610 ( 42 U.S.C. 3220 ). (2) Authorities and duties of Secretary The Secretary shall have the authorities and duties provided by the sections of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) referred to in paragraph (1) in administering and enforcing this Act (including the RECOMPETE grant program). 6. Funding (a) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this Act $175,000,000,000 for fiscal year 2022, to remain available until expended. (b) Allocation (1) In general Subject to paragraph (2), of the amounts made available under subsection (a), the Secretary shall allocate— (A) not less than 70 percent to recipients acting on behalf of local labor markets or partial local labor markets; (B) not more than 20 percent to recipients acting on behalf of local communities; and (C) not less than 10 percent to eligible Tribal governments. (2) Treatment of certain amounts The amounts allocated pursuant to paragraphs (5) and (6)(B) of subsection (c) shall not be taken into consideration for purposes of calculations under paragraph (1). (3) Administrative costs and personnel (A) In general Of any amounts made available to carry out this Act, the Secretary shall transfer not less than 1 percent to the Salary and Expenses Account of the Secretary for the costs of administration and oversight of this Act. (B) Personnel The Secretary may— (i) appoint and fix the compensation of such temporary personnel as may be necessary to carry out this Act; and (ii) effective beginning on the date on which an individual appointed under clause (i) has served continuously in that appointment for 2 years, appoint the individual to a position in the Economic Development Administration in the same manner in which competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such a position, at which time the individual shall become a career-conditional employee, unless the individual has completed the service requirements for career tenure. (c) Grant formulas (1) In general Subject to subsection (e), based on the information relating to projected costs contained in applicable RECOMPETE plans under subparagraph (C) of section 4(b)(2), and the justifications described in subparagraph (D) of that section, the amount of a RECOMPETE grant provided to a recipient shall be determined in accordance with this subsection. (2) Local labor markets An eligible local labor market may receive not more than the amount equal to the product obtained by multiplying— (A) the prime-age employment gap of the local labor market; (B) the prime-age population of the local labor market; and (C) $70,585. (3) Local communities Subject to paragraph (6), an eligible local community may receive not more than the amount equal to the product obtained by multiplying— (A) the prime-age employment gap of the local community; (B) the prime-age population of the local community; and (C) $53,600. (4) Partial local labor markets An eligible partial local labor market may receive not more than the amount equal to the product obtained by multiplying— (A) the population of the partial local labor market; (B) the lesser of— (i) the prime-age employment gap of the local labor market within which the partial local labor market is located; and (ii) the prime-age employment gap of the partial local labor market; and (C) $70,585. (5) Tribal governments (A) In general An eligible Tribal government may receive not more than the amount equal to the product obtained by multiplying, subject to subparagraph (B)— (i) the prime-age employment gap of the Tribal government; (ii) the prime-age population of the Tribal government; and (iii) $70,585. (B) Calculation of population (i) In general Subject to clause (ii), for purposes of subparagraph (A), the population of a Tribal government shall be equal to the sum obtained by adding— (I) the product obtained by multiplying— (aa) the total number of individuals residing on the Tribal land of the Tribal government; and (bb) 0.65; and (II) the product obtained by multiplying— (aa) the total number of individuals included on the membership roll of the Tribal government; and (bb) 0.35. (ii) Use of data Each calculation under clause (i) shall be determined based on data provided by the applicable Tribal government to the Department of the Treasury under the Coronavirus State and Local Fiscal Recovery Fund programs under title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ) (as amended by subtitle M of title IX of the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 4)). (6) Local communities with cooperation agreements If an eligible local community elects to enter into a cooperation agreement under section 3(b)(2)(A) with 1 or more local communities that are not eligible— (A) each eligible local community that is a party to the cooperation agreement may receive the maximum amount available to the eligible local community, as determined under paragraph (3); and (B) the Secretary may award to the lead entity an additional amount equal to not more than 10 percent of the total amount provided under subparagraph (A), for distribution by the lead entity to any local community or other applicant that is a party to the cooperation agreement, regardless of whether the local community or other applicant is eligible, for use in accordance with the applicable RECOMPETE plan. (d) Obligation and disbursement of funds (1) In general On approval by the Secretary of an application under section 4(a)(2)(E), the Secretary shall— (A) obligate the entire amount of the RECOMPETE grant for the applicable recipient; and (B) disburse that amount to the recipient annually for each of the 10 fiscal years beginning after the date of obligation, in accordance with this subsection. (2) Proposals To receive an annual disbursement under paragraph (1), a recipient shall submit to the Secretary a proposal describing the intended use by the recipient of the disbursement during the applicable fiscal year (including the programs and activities proposed to be carried out and any subcontractor or vendor proposed to be used for those purposes), in accordance with the RECOMPETE plan of the recipient. (3) Provision of funding On approval by the Secretary of a proposal submitted by a recipient under paragraph (2), the Secretary shall disburse to the recipient the amount of the RECOMPETE grant due to the recipient for the fiscal year, for use in accordance with— (A) the proposal; and (B) the RECOMPETE plan of the recipient. (e) Cost sharing (1) Federal share (A) In general The Federal share of the cost of each program and activity carried out using a RECOMPETE grant shall be the cost share described in subparagraph (B) for the applicable recipient, subject to subparagraph (C) and paragraphs (2) through (4). (B) Descriptions of cost shares (i) Local labor markets For an eligible local labor market, the cost share referred to in subparagraph (A) shall be— (I) 50 percent for an eligible local labor market with a prime-age employment gap equal to— (aa) not less than 2.5 percent; but (bb) less than 3 percent; and (II) an additional 6.25 percent for each prime-age employment gap percentage point of 3 percent or more, as determined in accordance with the following table: Local labor market prime-age employment gap Federal share 3 percent to less than 4 percent 56.25 percent 4 percent to less than 5 percent 62.5 percent 5 percent to less than 6 percent 68.75 percent 6 percent to less than 7 percent 75 percent 7 percent to less than 8 percent 81.25 percent 8 percent to less than 9 percent 87.5 percent 9 percent to less than 10 percent 93.75 percent 10 percent or greater 100 percent. (ii) Local communities For an eligible local community, the cost share referred to in subparagraph (A) shall be— (I) 68.75 percent for an eligible local community with a prime-age employment gap equal to— (aa) not less than 5 percent; but (bb) less than 6 percent; and (II) an additional 6.25 percent for each prime-age employment gap percentage point of 6 percent or more, up to 100 percent, as determined in accordance with the following table: Local community prime-age employment gap Federal share 6 percent to less than 7 percent 75 percent 7 percent to less than 8 percent 81.25 percent 8 percent to less than 9 percent 87.5 percent 9 percent to less than 10 percent 93.75 percent 10 percent or greater 100 percent. (iii) Partial local labor markets (I) In general Subject to subclause (II), for an eligible partial local labor market, the cost share referred to in subparagraph (A) shall be— (aa) 50 percent for an eligible partial local labor market with a prime-age employment gap equal to— (AA) not less than 2.5 percent; but (BB) less than 3 percent; and (bb) an additional 6.25 percent for each prime-age employment gap percentage point of 3 percent or more, as determined in accordance with the following table: Lesser of partial local labor market, and local labor market, prime-age employment gaps Federal share 3 percent to less than 4 percent 56.25 percent 4 percent to less than 5 percent 62.5 percent 5 percent to less than 6 percent 68.75 percent 6 percent to less than 7 percent 75 percent 7 percent to less than 8 percent 81.25 percent 8 percent to less than 9 percent 87.5 percent 9 percent to less than 10 percent 93.75 percent 10 percent or greater 100 percent. (II) Certain local labor markets If an eligible partial local labor market is located within a local labor market with a prime-age employment gap that is less than the prime-age employment gap of the partial local labor market, the prime-age employment gap of the local labor market shall be used for purposes of calculating the Federal share of the partial local labor market under subclause (I). (iv) Tribal governments For an eligible Tribal government, the cost share referred to in subparagraph (A) shall be 100 percent. (C) Available increases (i) Relative need The Federal share determined for a recipient under clause (i), (ii), or (iii) of subparagraph (B) may be increased, based on the relative need of each applicable area and recipient and in accordance with such regulations as the Secretary may promulgate, to not more than 80 percent of the total estimated cost of the programs and activities included in the RECOMPETE Plan for the applicable area. (ii) Severe economic need The Federal share determined for a recipient under subparagraph (B) may be increased to not more than 100 percent of the total estimated cost of the programs and activities included in the RECOMPETE Plan for the applicable area in any case in which the Secretary determines that the recipient or a subrecipient has— (I) exhausted all other reasonable financing and funding options; and (II) demonstrated severe economic need. (2) Special rule (A) In general Except as provided in subparagraph (B), the Federal share calculated for an eligible local community under paragraph (1) shall not be reduced due to an election by the eligible local community to enter into a cooperation agreement under section 3(b)(2)(A). (B) Exception If additional amounts are provided for an eligible local community for distribution to subrecipients under section 3(b)(2)(A)(iii), the Federal share calculated under paragraph (1) for the eligible local community shall be not more than 50 percent, subject to any increase in accordance with clause (i) or (ii) of paragraph (1)(C), as applicable. (3) Non-Federal contributions In calculating the non-Federal share of the cost of a program or activity carried out under a RECOMPETE plan, the Secretary may provide a credit toward the non-Federal share for any non-Federal contribution to the program or activity— (A) in cash or in-kind; (B) fairly evaluated; and (C) including any contribution of space, equipment, assumption of debt, or service. (4) Reassessment (A) In general The Federal share and non-Federal share determined for a recipient under paragraphs (1) and (2) shall apply during the period beginning on the date of enactment of this Act and ending on the date on which the initial benchmark evaluation relating to the recipient is conducted under section 5(a). (B) Periodic reevaluation As soon as practicable after the date on which each benchmark evaluation relating to a recipient is conducted under section 5(a), the Secretary shall— (i) reevaluate the Federal share and non-Federal share determined for the recipient under this subsection; and (ii) determine whether such a cost share should be adjusted, subject to subparagraph (C). (C) Limitation on Federal share The Federal share determined for a recipient under this subsection— (i) shall not be decreased by more than— (I) 10 percent, as compared to the Federal share determined for the recipient under this subsection for the preceding period; or (II) 30 percent, in total; and (ii) shall be not less than 50 percent.
48,692
117s259is
117
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259
is
To amend the Federal Food, Drug, and Cosmetic Act to allow for the personal importation of safe and affordable drugs from approved pharmacies in Canada.
[ { "text": "1. Short title \nThis Act may be cited as the Safe and Affordable Drugs from Canada Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Safe and affordable drugs from Canada \nChapter VIII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 et seq.) is amended by adding at the end the following: 810. Importation by individuals of prescription drugs from Canada \n(a) In general \nNotwithstanding any other provision of this Act, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations permitting individuals to safely import into the United States a prescription drug described in subsection (b). (b) Prescription drug \nA prescription drug described in this subsection— (1) is a prescription drug that— (A) is purchased from an approved Canadian pharmacy; (B) is dispensed by a pharmacist licensed to practice pharmacy and dispense prescription drugs in Canada; (C) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; (D) is filled using a valid prescription issued by a physician licensed to practice in a State in the United States; and (E) has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved by the Secretary under chapter V; and (2) does not include— (A) a controlled substance (as defined in section 102 of the Controlled Substances Act); (B) a biological product (as defined in section 351 of the Public Health Service Act); (C) an infused drug (including a peritoneal dialysis solution); (D) an intravenously injected drug; (E) a drug that is inhaled during surgery; (F) a parenteral drug; (G) a drug manufactured through one or more biotechnology processes, including— (i) a therapeutic DNA plasmid product; (ii) a therapeutic synthetic peptide product of not more than 40 amino acids; (iii) a monoclonal antibody product for in vivo use; and (iv) a therapeutic recombinant DNA-derived product; (H) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or (I) a photoreactive drug. (c) Approved Canadian pharmacy \n(1) In general \nIn this section, an approved Canadian pharmacy is a pharmacy that— (A) is located in Canada; and (B) the Secretary certifies— (i) is licensed to operate and dispense prescription drugs to individuals in Canada; and (ii) meets the criteria under paragraph (3). (2) Publication of approved Canadian pharmacies \nThe Secretary shall publish on the internet website of the Food and Drug Administration a list of approved Canadian pharmacies, including the internet website address of each such approved Canadian pharmacy, from which individuals may purchase prescription drugs in accordance with subsection (a). (3) Additional criteria \nTo be an approved Canadian pharmacy, the Secretary shall certify that the pharmacy— (A) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; (B) operates in accordance with pharmacy standards set forth by the provincial pharmacy rules and regulations enacted in Canada; (C) has processes established by the pharmacy, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; (D) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; (E) agrees that laboratories approved by the Secretary shall be used to conduct product testing to determine the safety and efficacy of sample pharmaceutical products; (F) has established, or will establish or participate in, a process for resolving grievances and will be held accountable for violations of established guidelines and rules; (G) does not resell products from online pharmacies located outside Canada to customers in the United States; and (H) meets any other criteria established by the Secretary..", "id": "idD62F459942DF49B59FB3157554963F65", "header": "Safe and affordable drugs from Canada" }, { "text": "810. Importation by individuals of prescription drugs from Canada \n(a) In general \nNotwithstanding any other provision of this Act, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations permitting individuals to safely import into the United States a prescription drug described in subsection (b). (b) Prescription drug \nA prescription drug described in this subsection— (1) is a prescription drug that— (A) is purchased from an approved Canadian pharmacy; (B) is dispensed by a pharmacist licensed to practice pharmacy and dispense prescription drugs in Canada; (C) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; (D) is filled using a valid prescription issued by a physician licensed to practice in a State in the United States; and (E) has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved by the Secretary under chapter V; and (2) does not include— (A) a controlled substance (as defined in section 102 of the Controlled Substances Act); (B) a biological product (as defined in section 351 of the Public Health Service Act); (C) an infused drug (including a peritoneal dialysis solution); (D) an intravenously injected drug; (E) a drug that is inhaled during surgery; (F) a parenteral drug; (G) a drug manufactured through one or more biotechnology processes, including— (i) a therapeutic DNA plasmid product; (ii) a therapeutic synthetic peptide product of not more than 40 amino acids; (iii) a monoclonal antibody product for in vivo use; and (iv) a therapeutic recombinant DNA-derived product; (H) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or (I) a photoreactive drug. (c) Approved Canadian pharmacy \n(1) In general \nIn this section, an approved Canadian pharmacy is a pharmacy that— (A) is located in Canada; and (B) the Secretary certifies— (i) is licensed to operate and dispense prescription drugs to individuals in Canada; and (ii) meets the criteria under paragraph (3). (2) Publication of approved Canadian pharmacies \nThe Secretary shall publish on the internet website of the Food and Drug Administration a list of approved Canadian pharmacies, including the internet website address of each such approved Canadian pharmacy, from which individuals may purchase prescription drugs in accordance with subsection (a). (3) Additional criteria \nTo be an approved Canadian pharmacy, the Secretary shall certify that the pharmacy— (A) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; (B) operates in accordance with pharmacy standards set forth by the provincial pharmacy rules and regulations enacted in Canada; (C) has processes established by the pharmacy, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; (D) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; (E) agrees that laboratories approved by the Secretary shall be used to conduct product testing to determine the safety and efficacy of sample pharmaceutical products; (F) has established, or will establish or participate in, a process for resolving grievances and will be held accountable for violations of established guidelines and rules; (G) does not resell products from online pharmacies located outside Canada to customers in the United States; and (H) meets any other criteria established by the Secretary.", "id": "id189b738c0cac476a9d2d54663246c60e", "header": "Importation by individuals of prescription drugs from Canada" } ]
3
1. Short title This Act may be cited as the Safe and Affordable Drugs from Canada Act of 2021. 2. Safe and affordable drugs from Canada Chapter VIII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 et seq.) is amended by adding at the end the following: 810. Importation by individuals of prescription drugs from Canada (a) In general Notwithstanding any other provision of this Act, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations permitting individuals to safely import into the United States a prescription drug described in subsection (b). (b) Prescription drug A prescription drug described in this subsection— (1) is a prescription drug that— (A) is purchased from an approved Canadian pharmacy; (B) is dispensed by a pharmacist licensed to practice pharmacy and dispense prescription drugs in Canada; (C) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; (D) is filled using a valid prescription issued by a physician licensed to practice in a State in the United States; and (E) has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved by the Secretary under chapter V; and (2) does not include— (A) a controlled substance (as defined in section 102 of the Controlled Substances Act); (B) a biological product (as defined in section 351 of the Public Health Service Act); (C) an infused drug (including a peritoneal dialysis solution); (D) an intravenously injected drug; (E) a drug that is inhaled during surgery; (F) a parenteral drug; (G) a drug manufactured through one or more biotechnology processes, including— (i) a therapeutic DNA plasmid product; (ii) a therapeutic synthetic peptide product of not more than 40 amino acids; (iii) a monoclonal antibody product for in vivo use; and (iv) a therapeutic recombinant DNA-derived product; (H) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or (I) a photoreactive drug. (c) Approved Canadian pharmacy (1) In general In this section, an approved Canadian pharmacy is a pharmacy that— (A) is located in Canada; and (B) the Secretary certifies— (i) is licensed to operate and dispense prescription drugs to individuals in Canada; and (ii) meets the criteria under paragraph (3). (2) Publication of approved Canadian pharmacies The Secretary shall publish on the internet website of the Food and Drug Administration a list of approved Canadian pharmacies, including the internet website address of each such approved Canadian pharmacy, from which individuals may purchase prescription drugs in accordance with subsection (a). (3) Additional criteria To be an approved Canadian pharmacy, the Secretary shall certify that the pharmacy— (A) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; (B) operates in accordance with pharmacy standards set forth by the provincial pharmacy rules and regulations enacted in Canada; (C) has processes established by the pharmacy, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; (D) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; (E) agrees that laboratories approved by the Secretary shall be used to conduct product testing to determine the safety and efficacy of sample pharmaceutical products; (F) has established, or will establish or participate in, a process for resolving grievances and will be held accountable for violations of established guidelines and rules; (G) does not resell products from online pharmacies located outside Canada to customers in the United States; and (H) meets any other criteria established by the Secretary.. 810. Importation by individuals of prescription drugs from Canada (a) In general Notwithstanding any other provision of this Act, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations permitting individuals to safely import into the United States a prescription drug described in subsection (b). (b) Prescription drug A prescription drug described in this subsection— (1) is a prescription drug that— (A) is purchased from an approved Canadian pharmacy; (B) is dispensed by a pharmacist licensed to practice pharmacy and dispense prescription drugs in Canada; (C) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; (D) is filled using a valid prescription issued by a physician licensed to practice in a State in the United States; and (E) has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved by the Secretary under chapter V; and (2) does not include— (A) a controlled substance (as defined in section 102 of the Controlled Substances Act); (B) a biological product (as defined in section 351 of the Public Health Service Act); (C) an infused drug (including a peritoneal dialysis solution); (D) an intravenously injected drug; (E) a drug that is inhaled during surgery; (F) a parenteral drug; (G) a drug manufactured through one or more biotechnology processes, including— (i) a therapeutic DNA plasmid product; (ii) a therapeutic synthetic peptide product of not more than 40 amino acids; (iii) a monoclonal antibody product for in vivo use; and (iv) a therapeutic recombinant DNA-derived product; (H) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or (I) a photoreactive drug. (c) Approved Canadian pharmacy (1) In general In this section, an approved Canadian pharmacy is a pharmacy that— (A) is located in Canada; and (B) the Secretary certifies— (i) is licensed to operate and dispense prescription drugs to individuals in Canada; and (ii) meets the criteria under paragraph (3). (2) Publication of approved Canadian pharmacies The Secretary shall publish on the internet website of the Food and Drug Administration a list of approved Canadian pharmacies, including the internet website address of each such approved Canadian pharmacy, from which individuals may purchase prescription drugs in accordance with subsection (a). (3) Additional criteria To be an approved Canadian pharmacy, the Secretary shall certify that the pharmacy— (A) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; (B) operates in accordance with pharmacy standards set forth by the provincial pharmacy rules and regulations enacted in Canada; (C) has processes established by the pharmacy, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; (D) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; (E) agrees that laboratories approved by the Secretary shall be used to conduct product testing to determine the safety and efficacy of sample pharmaceutical products; (F) has established, or will establish or participate in, a process for resolving grievances and will be held accountable for violations of established guidelines and rules; (G) does not resell products from online pharmacies located outside Canada to customers in the United States; and (H) meets any other criteria established by the Secretary.
8,327
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117
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4,143
is
To prohibit the importation of agricultural products, raw materials, and food from the Russian Federation if the Russian Federation prohibits the importation of such products, materials, and food from the United States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting American Food Producers from Russia’s Market Distortions Act.", "id": "S1", "header": "Short title" }, { "text": "2. Prohibition on importation of certain agricultural products, raw materials, and food from the Russian Federation \n(a) In general \nThe importation into the United States from the Russian Federation of any article described in subsection (b) is prohibited. (b) Articles described \nAn article is described in this subsection if— (1) the article is classifiable under any of chapters 1 through 24 of the Harmonized Tariff Schedule of the United States; and (2) the Government of the Russian Federation prohibits the importation of the article into the Russian Federation from the United States. (c) Effective date \nThe prohibition under subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act.", "id": "id74e6e8aec3b8408e82bad1779b4131e2", "header": "Prohibition on importation of certain agricultural products, raw materials, and food from the Russian Federation" }, { "text": "3. Prohibition on procurement of certain agricultural products, raw materials, and food from the Russian Federation \nNo Federal funds may be obligated or expended on or after the date of the enactment of this Act for the procurement from the Russian Federation of any article described in section 2(b).", "id": "id0361e1cdff304392aaf0f97bd3e87277", "header": "Prohibition on procurement of certain agricultural products, raw materials, and food from the Russian Federation" }, { "text": "4. Termination \nThe prohibitions under sections 2 and 3 shall terminate with respect to an article on the date on which the President determines and certifies to Congress that— (1) the Government of the Russian Federation has terminated its prohibition on the importation of the article from the United States; (2) the Government of the Russian Federation and its proxies have withdrawn all military and paramilitary forces from the internationally recognized territory of the Government of Ukraine; and (3) the President has received credible commitments from the Government of the Russian Federation that that Government will not engage in hostile action against Ukraine in the future.", "id": "id3d747af5214a47cc86521cf74be7e28e", "header": "Termination" } ]
4
1. Short title This Act may be cited as the Protecting American Food Producers from Russia’s Market Distortions Act. 2. Prohibition on importation of certain agricultural products, raw materials, and food from the Russian Federation (a) In general The importation into the United States from the Russian Federation of any article described in subsection (b) is prohibited. (b) Articles described An article is described in this subsection if— (1) the article is classifiable under any of chapters 1 through 24 of the Harmonized Tariff Schedule of the United States; and (2) the Government of the Russian Federation prohibits the importation of the article into the Russian Federation from the United States. (c) Effective date The prohibition under subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act. 3. Prohibition on procurement of certain agricultural products, raw materials, and food from the Russian Federation No Federal funds may be obligated or expended on or after the date of the enactment of this Act for the procurement from the Russian Federation of any article described in section 2(b). 4. Termination The prohibitions under sections 2 and 3 shall terminate with respect to an article on the date on which the President determines and certifies to Congress that— (1) the Government of the Russian Federation has terminated its prohibition on the importation of the article from the United States; (2) the Government of the Russian Federation and its proxies have withdrawn all military and paramilitary forces from the internationally recognized territory of the Government of Ukraine; and (3) the President has received credible commitments from the Government of the Russian Federation that that Government will not engage in hostile action against Ukraine in the future.
1,928
117s1811is
117
s
1,811
is
To increase the recruitment and retention of school-based mental health services providers by low-income local educational agencies.
[ { "text": "1. Short title \nThis Act may be cited as the Increasing Access to Mental Health in Schools Act.", "id": "HED239C9B5A6F45F9A921E806E88938E", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Best practices \nThe term best practices means a technique or methodology that, through experience and research related to professional practice in a school-based mental health field, has proven to reliably lead to a desired result. (2) Eligible graduate institution \nThe term eligible graduate institution means an institution of higher education that offers a program of study that leads to a masters or other graduate degree— (A) in school psychology that is accredited or approved by the National Association of School Psychologists' Program Approval Board (or its successor) or the Commission on Accreditation of the American Psychological Association and that prepares students in such program for the State licensing or certification examination in school psychology; (B) in school counseling that prepares students in such program for the State licensing or certification examination in school counseling; (C) in school social work that is accredited by the Council on Social Work Education and that prepares students in such program for the State licensing or certification examination in school social work; (D) in another school-based mental health field that prepares students in such program for the State licensing or certification examination in such field, if applicable; or (E) in any combination of study described in subparagraphs (A) through (D). (3) Eligible partnership \nThe term eligible partnership means— (A) a partnership between 1 or more low-income local educational agencies and 1 or more eligible graduate institutions; or (B) in any region in which local educational agencies may not have a sufficient elementary school and secondary school student population to support the placement of all participating graduate students, a partnership between a State educational agency, on behalf of 1 or more low-income local educational agencies, and 1 or more eligible graduate institutions. (4) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), but excludes any institution of higher education described in section 102(a)(1)(C) of such Act. (5) Local educational agency \nThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Low-income local educational agency \nThe term low-income local educational agency means a local educational agency— (A) for which not less than 20 percent of the students served by such agency are from families with incomes below the poverty line as determined by the Bureau of the Census on the basis of the most recent satisfactory data available; and (B) that, as of the date of application for a grant under this Act, has ratios of school counselors, school social workers, and school psychologists to students served by the agency that are not more than 1 school counselor per 275 students, not more than 1 school psychologist per 770 students, and not more than 1 school social worker per 250 students. (7) Participating eligible graduate institution \nThe term participating eligible graduate institution means an eligible graduate institution that is part of an eligible partnership awarded a grant under section 3. (8) Participating graduate \nThe term participating graduate means an individual who— (A) has received a masters or other graduate degree in a school-based mental health field from a participating eligible graduate institution and has obtained a State license or credential in the school-based mental health field; and (B) as a graduate student of a school-based mental health field, was placed in a school served by a participating low-income local educational agency to complete required field work, credit hours, internships, or related training as applicable. (9) Participating low-income local educational agency \nThe term participating low-income local educational agency means a low-income local educational agency that is part of an eligible partnership awarded a grant under section 3. (10) School-based mental health field \nThe term school-based mental health field means each of the following fields: (A) School counseling. (B) School social work. (C) School psychology. (D) Any other field of study that leads to employment as a school-based mental health services provider. (11) School-based mental health services provider \nThe term school-based mental health services provider has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ). (12) Secretary \nThe term Secretary means the Secretary of Education. (13) State educational agency \nThe term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (14) Student support personnel target ratios \nThe term student support personnel target ratios means the ratios of school-based mental health services providers to students recommended to enable such personnel to effectively address the needs of students, including— (A) at least 1 school counselor for every 250 students (as recommended by the American School Counselor Association and American Counseling Association); (B) at least 1 school psychologist for every 500–700 students (as recommended by the National Association of School Psychologists); and (C) at least 1 school social worker for every 250 students (as recommended by the School Social Work Association of America). (15) Unaccompanied youth \nThe term unaccompanied youth has the meaning given such term in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ).", "id": "HF707D8D04D00422100144FB03E1917F5", "header": "Definitions" }, { "text": "3. Grant program to\t\t\t increase the number of school-based mental health\t\t\t services providers employed by\t\t\t low-income local educational agencies \n(a) Grant Program authorized \nFrom amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis and after input from the peer review panel under subsection (d), to eligible partnerships, to enable the eligible partnerships to carry out pipeline programs to increase the number of school-based mental health services providers employed by low-income local educational agencies by carrying out any of the activities described by subsection (f). (b) Grant Period \nA grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress, as determined by the Secretary. (c) Application \nTo be eligible to receive a grant under this section, an eligible graduate institution, on behalf of an eligible partnership, shall submit to the Secretary a grant application. The application shall contain such information as the Secretary may require, including— (1) an assessment of the existing (as of the date of application) ratios of school-based mental health services providers (in the aggregate and disaggregated by profession) to students enrolled in schools in each low-income local educational agency that is part of the eligible partnership; and (2) a detailed description of— (A) a plan to carry out a pipeline program to train, place, and retain school-based mental health services providers in low-income local educational agencies; and (B) the proposed allocation and use of grant funds to carry out activities described in subsection (f). (d) Peer review\t\t\t panel \n(1) Establishment of panel \nThe Secretary shall establish a peer review panel to evaluate applications submitted under subsection (c) and make recommendations to the Secretary regarding such applications. (2) Evaluation of Applications \nIn making its recommendations, the peer review panel shall take into account the purpose of this Act and the application requirements under subsection (c), including the quality of the proposed pipeline program described in subsection (c)(2)(A). (3) Consideration of panel's recommendation \n(A) In general \nThe Secretary may award grants under this section to eligible partnerships only after taking into consideration the recommendations of the peer review panel provided under this subsection. (B) Explanation \nIn any case where the Secretary decides to not follow the recommendations of the peer review panel, the Secretary shall provide a written explanation of the decision to the panel and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. (4) Membership of panel \n(A) In general \nThe peer review panel shall include at a minimum the following members: (i) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school counselor education. (ii) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school social worker education. (iii) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school psychology education. (iv) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment to teach courses in the subject area of teacher education. (v) One individual with expertise in school counseling who works or has worked in public schools. (vi) One individual with expertise in school social work who works or has worked in public schools. (vii) One individual with expertise in school psychology who works or has worked in public schools. (viii) One administrator who works or has worked for a low-income local educational agency. (ix) One qualified and effective teacher who has substantial experience working for a low-income local educational agency. (x) One community mental health provider. (B) Clinical faculty member \nAt least 1 of the members described in subparagraph (A) shall be a clinical faculty member. (e) Award basis \nIn awarding grants under this section, the Secretary shall— (1) award the first 5 grants to eligible partnerships from 5 different States; and (2) give priority to eligible partnerships that— (A) propose to use the grant funds to carry out the activities described in paragraphs (1) through (3) of subsection (f) in schools that have higher numbers or percentages of low-income students and students not achieving a proficient level of academic achievement, as determined by the State, on the annual assessments required under section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) )) in comparison to other schools that are served by the low-income local educational agency that is part of the eligible partnership; (B) include 1 or more low-income local educational agencies that have fewer school-based mental health services providers, in the aggregate or for a particular school-based mental health field, per student than other eligible partnerships; (C) include 1 or more eligible graduate institutions that offer the greatest number of graduate programs in the greatest number of different school-based mental health fields; and (D) propose to collaborate with other institutions of higher education with similar programs, including sharing facilities, faculty members, and administrative costs. (f) Use of grant funds \nGrant funds awarded under this section may be used— (1) to pay the administrative costs (including supplies, office and classroom space, supervision, mentoring, and transportation stipends as necessary and appropriate) related to— (A) having graduate students of programs in school-based mental health fields placed in schools served by participating low-income local educational agencies to complete required field work, credit hours, internships, or related training as applicable for the degree, license, or credential program of each such student; and (B) offering required graduate coursework for students of a graduate program in a school-based mental health services field on the site of a participating low-income local educational agency; (2) for not more than the first 3 years after a participating graduate receives a masters or other graduate degree from a program in a school-based mental health field, or obtains a State license or credential in a school-based mental health field, to hire and pay all or part of the salary of the participating graduates working as a school-based mental health services provider in a school served by a participating low-income local educational agency; (3) to increase the number of school-based mental health services providers per student in schools served by participating low-income local educational agencies, in order to work toward the student support personnel target ratios; (4) to recruit, hire, and retain culturally or linguistically under-represented graduate students of programs in school-based mental health fields for placement in schools served by participating low-income educational agencies; (5) to recruit, hire, and pay faculty as necessary to increase the capacity of a participating eligible graduate institution to train graduate students in school-based mental health fields; (6) to develop coursework that will— (A) encourage a commitment by graduate students in school-based mental health fields to work for low-income local educational agencies; (B) give participating graduates the knowledge and skill sets necessary to meet the needs of— (i) students and families served by low-income local educational agencies; and (ii) teachers, administrators, and other staff who work for low-income local educational agencies; (C) enable participating graduates to meet the unique needs of students at risk of negative educational outcomes, including students who— (i) are English language learners; (ii) have a parent or caregiver who is a migrant worker; (iii) have a parent or caregiver who is a member of the armed forces, including the National Guard, who has been deployed or returned from deployment; (iv) are homeless, including unaccompanied youth; (v) have come into contact with the juvenile justice system or adult criminal justice system, including students currently or previously held in juvenile detention facilities or adult jails and students currently or previously held in juvenile correctional facilities or adult prisons; (vi) have been identified as eligible for services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) or the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq.); (vii) have been a victim to or witnessed domestic violence or violence in their community; (viii) have been exposed to substance misuse at home or in the community; or (ix) are foster care youth, youth aging out of foster care, or former foster youth; and (D) utilize best practices determined by the American School Counselor Association, National Association of Social Workers, School Social Work Association of America, and National Association of School Psychologists and other relevant organizations; (7) to provide tuition credits to graduate students participating in the pipeline program; (8) for student loan forgiveness for participating graduates who are employed as school-based mental health services providers by participating low-income local educational agencies for a minimum of 5 consecutive years; and (9) for similar activities to fulfill the purpose of this Act, as the Secretary determines appropriate. (g) Supplement not supplant \nFunds made available under this section shall be used to supplement, not supplant, other Federal, State, or local funds available for the activities described in subsection (f). (h) Reporting requirements \n(1) In general \nEach eligible partnership that receives a grant under this section shall prepare and submit to the Secretary an annual report on the progress of the eligible partnership in carrying out the grant. Such report shall include a description of— (A) actual service delivery provided through the grant funds, including— (i) characteristics of the participating eligible graduate institution, including descriptive information on the educational model used and the actual academic program performance; (ii) characteristics of graduate students participating in the pipeline program supported under the grant, including— (I) performance on any examinations required by the State for credentialing or licensing; (II) demographic characteristics; and (III) graduate student retention rates; (iii) characteristics of students of the participating low-income local educational agency, including performance on any tests required by the State educational agency, demographic characteristics, and promotion, persistence, and graduation rates, as appropriate; (iv) an estimate of the annual implementation costs of the pipeline program; and (v) the numbers of students, schools, and graduate students participating in the pipeline program; (B) outcomes that are consistent with the purpose of the grant program under this Act, including— (i) internship and post-graduation placement of the participating graduate students; (ii) graduation and professional career readiness indicators; and (iii) characteristics of the participating low-income local educational agency, including changes in the hiring and retention of qualified and effective teachers and school-based mental health services providers; (C) the instruction, materials, and activities being funded under the grant; and (D) the effectiveness of any training and ongoing professional development provided— (i) to students and faculty in the appropriate departments or schools of the participating eligible graduate institution; (ii) to the faculty, administration, and staff of the participating low-income local educational agency; and (iii) to the broader community of providers of social, emotional, behavioral, and related support to students and to those individuals who train such providers. (2) Publication \nThe Secretary shall publish the annual reports submitted under paragraph (1) on the website of the Department of Education. (i) Evaluations \n(1) Interim evaluations \nThe Secretary may conduct interim evaluations to determine whether each eligible partnership receiving a grant under this section is making adequate progress as the Secretary considers appropriate. The contents of the annual report submitted to the Secretary under subsection (h) may be used by the Secretary to determine whether an eligible partnership receiving a grant is demonstrating adequate progress. (2) Final evaluation \nThe Secretary shall conduct a final evaluation to— (A) determine the effectiveness of the grant program in carrying out the purpose of this Act; and (B) compare the relative effectiveness of each of the various activities described in subsection (f) for which grant funds may be used. (j) Report \nNot earlier than 5 years nor later than 6 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing— (1) the findings of the evaluation conducted under subsection (i)(2); and (2) such recommendations as the Secretary considers appropriate. (k) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Secretary to carry out the program under this section, $200,000,000 for fiscal year 2022 and for each succeeding fiscal year. (2) Reservation for evaluation \nFrom the total amount appropriated to carry out this section each fiscal year, the Secretary shall reserve not more than 3 percent for evaluations under subsection (i).", "id": "H14165D0D21844C75BD205C9E47056234", "header": "Grant program to\n\t\t\t increase the number of school-based mental health\n\t\t\t services providers employed by\n\t\t\t low-income local educational agencies" }, { "text": "4. Student loan\t\t\t forgiveness for individuals who are employed for 5 or more consecutive\t\t\t school\t\t\t years as school-based mental health services providers \n(a) Establishment of program \nThe Secretary shall establish a program to provide student loan forgiveness for loans issued under parts B, D, and E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq., 1087a et seq., and 1087aa et seq.) to individuals who— (1) are not, and have never been, participants in the grant program established under section 3; and (2) have been employed for 5 or more consecutive school years as school-based mental health services providers by low-income local educational agencies. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the program under this section.", "id": "H8C109855277B48E4008912891F5ED08F", "header": "Student loan\n\t\t\t forgiveness for individuals who are employed for 5 or more consecutive\n\t\t\t school\n\t\t\t years as school-based mental health services providers" }, { "text": "5. Future\t\t\t designation study \n(a) In general \nThe Secretary shall conduct a study to identify a formula for future designation of regions with a shortage of school-based mental health services providers to use in implementing grant programs and other programs such as the programs established under this Act or for other purposes related to any such designation. (b) Basis of formula \nThe formula described in subsection (a) shall be based on the latest available data regarding an area served by a low-income local educational agency on— (1) the number of residents under the age of 18 in such area; (2) the percentage of the population of such area with incomes below the poverty line; (3) the percentage of residents age 18 or older in such area who have earned secondary school diplomas; (4) the percentage of students in such area who are identified as eligible for special education services; (5) the youth crime rate in such area; (6) the current number of full-time-equivalent and active school-based mental health services providers employed by the low-income local educational agency in such area, in the aggregate and disaggregated by profession; (7) the number of students in such area in military families with parents in the armed forces (including the National Guard and Reserves) who have been alerted for deployment, are currently deployed, or have returned from a deployment in the previous school year; and (8) such other criteria as the Secretary considers appropriate. (c) Report \nNot later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the study conducted under subsection (a).", "id": "HC9434E50ECC840F3A65CB18367B9788E", "header": "Future\n\t\t\t designation study" } ]
5
1. Short title This Act may be cited as the Increasing Access to Mental Health in Schools Act. 2. Definitions In this Act: (1) Best practices The term best practices means a technique or methodology that, through experience and research related to professional practice in a school-based mental health field, has proven to reliably lead to a desired result. (2) Eligible graduate institution The term eligible graduate institution means an institution of higher education that offers a program of study that leads to a masters or other graduate degree— (A) in school psychology that is accredited or approved by the National Association of School Psychologists' Program Approval Board (or its successor) or the Commission on Accreditation of the American Psychological Association and that prepares students in such program for the State licensing or certification examination in school psychology; (B) in school counseling that prepares students in such program for the State licensing or certification examination in school counseling; (C) in school social work that is accredited by the Council on Social Work Education and that prepares students in such program for the State licensing or certification examination in school social work; (D) in another school-based mental health field that prepares students in such program for the State licensing or certification examination in such field, if applicable; or (E) in any combination of study described in subparagraphs (A) through (D). (3) Eligible partnership The term eligible partnership means— (A) a partnership between 1 or more low-income local educational agencies and 1 or more eligible graduate institutions; or (B) in any region in which local educational agencies may not have a sufficient elementary school and secondary school student population to support the placement of all participating graduate students, a partnership between a State educational agency, on behalf of 1 or more low-income local educational agencies, and 1 or more eligible graduate institutions. (4) Institution of higher education The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), but excludes any institution of higher education described in section 102(a)(1)(C) of such Act. (5) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Low-income local educational agency The term low-income local educational agency means a local educational agency— (A) for which not less than 20 percent of the students served by such agency are from families with incomes below the poverty line as determined by the Bureau of the Census on the basis of the most recent satisfactory data available; and (B) that, as of the date of application for a grant under this Act, has ratios of school counselors, school social workers, and school psychologists to students served by the agency that are not more than 1 school counselor per 275 students, not more than 1 school psychologist per 770 students, and not more than 1 school social worker per 250 students. (7) Participating eligible graduate institution The term participating eligible graduate institution means an eligible graduate institution that is part of an eligible partnership awarded a grant under section 3. (8) Participating graduate The term participating graduate means an individual who— (A) has received a masters or other graduate degree in a school-based mental health field from a participating eligible graduate institution and has obtained a State license or credential in the school-based mental health field; and (B) as a graduate student of a school-based mental health field, was placed in a school served by a participating low-income local educational agency to complete required field work, credit hours, internships, or related training as applicable. (9) Participating low-income local educational agency The term participating low-income local educational agency means a low-income local educational agency that is part of an eligible partnership awarded a grant under section 3. (10) School-based mental health field The term school-based mental health field means each of the following fields: (A) School counseling. (B) School social work. (C) School psychology. (D) Any other field of study that leads to employment as a school-based mental health services provider. (11) School-based mental health services provider The term school-based mental health services provider has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ). (12) Secretary The term Secretary means the Secretary of Education. (13) State educational agency The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (14) Student support personnel target ratios The term student support personnel target ratios means the ratios of school-based mental health services providers to students recommended to enable such personnel to effectively address the needs of students, including— (A) at least 1 school counselor for every 250 students (as recommended by the American School Counselor Association and American Counseling Association); (B) at least 1 school psychologist for every 500–700 students (as recommended by the National Association of School Psychologists); and (C) at least 1 school social worker for every 250 students (as recommended by the School Social Work Association of America). (15) Unaccompanied youth The term unaccompanied youth has the meaning given such term in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). 3. Grant program to increase the number of school-based mental health services providers employed by low-income local educational agencies (a) Grant Program authorized From amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis and after input from the peer review panel under subsection (d), to eligible partnerships, to enable the eligible partnerships to carry out pipeline programs to increase the number of school-based mental health services providers employed by low-income local educational agencies by carrying out any of the activities described by subsection (f). (b) Grant Period A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress, as determined by the Secretary. (c) Application To be eligible to receive a grant under this section, an eligible graduate institution, on behalf of an eligible partnership, shall submit to the Secretary a grant application. The application shall contain such information as the Secretary may require, including— (1) an assessment of the existing (as of the date of application) ratios of school-based mental health services providers (in the aggregate and disaggregated by profession) to students enrolled in schools in each low-income local educational agency that is part of the eligible partnership; and (2) a detailed description of— (A) a plan to carry out a pipeline program to train, place, and retain school-based mental health services providers in low-income local educational agencies; and (B) the proposed allocation and use of grant funds to carry out activities described in subsection (f). (d) Peer review panel (1) Establishment of panel The Secretary shall establish a peer review panel to evaluate applications submitted under subsection (c) and make recommendations to the Secretary regarding such applications. (2) Evaluation of Applications In making its recommendations, the peer review panel shall take into account the purpose of this Act and the application requirements under subsection (c), including the quality of the proposed pipeline program described in subsection (c)(2)(A). (3) Consideration of panel's recommendation (A) In general The Secretary may award grants under this section to eligible partnerships only after taking into consideration the recommendations of the peer review panel provided under this subsection. (B) Explanation In any case where the Secretary decides to not follow the recommendations of the peer review panel, the Secretary shall provide a written explanation of the decision to the panel and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. (4) Membership of panel (A) In general The peer review panel shall include at a minimum the following members: (i) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school counselor education. (ii) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school social worker education. (iii) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school psychology education. (iv) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment to teach courses in the subject area of teacher education. (v) One individual with expertise in school counseling who works or has worked in public schools. (vi) One individual with expertise in school social work who works or has worked in public schools. (vii) One individual with expertise in school psychology who works or has worked in public schools. (viii) One administrator who works or has worked for a low-income local educational agency. (ix) One qualified and effective teacher who has substantial experience working for a low-income local educational agency. (x) One community mental health provider. (B) Clinical faculty member At least 1 of the members described in subparagraph (A) shall be a clinical faculty member. (e) Award basis In awarding grants under this section, the Secretary shall— (1) award the first 5 grants to eligible partnerships from 5 different States; and (2) give priority to eligible partnerships that— (A) propose to use the grant funds to carry out the activities described in paragraphs (1) through (3) of subsection (f) in schools that have higher numbers or percentages of low-income students and students not achieving a proficient level of academic achievement, as determined by the State, on the annual assessments required under section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) )) in comparison to other schools that are served by the low-income local educational agency that is part of the eligible partnership; (B) include 1 or more low-income local educational agencies that have fewer school-based mental health services providers, in the aggregate or for a particular school-based mental health field, per student than other eligible partnerships; (C) include 1 or more eligible graduate institutions that offer the greatest number of graduate programs in the greatest number of different school-based mental health fields; and (D) propose to collaborate with other institutions of higher education with similar programs, including sharing facilities, faculty members, and administrative costs. (f) Use of grant funds Grant funds awarded under this section may be used— (1) to pay the administrative costs (including supplies, office and classroom space, supervision, mentoring, and transportation stipends as necessary and appropriate) related to— (A) having graduate students of programs in school-based mental health fields placed in schools served by participating low-income local educational agencies to complete required field work, credit hours, internships, or related training as applicable for the degree, license, or credential program of each such student; and (B) offering required graduate coursework for students of a graduate program in a school-based mental health services field on the site of a participating low-income local educational agency; (2) for not more than the first 3 years after a participating graduate receives a masters or other graduate degree from a program in a school-based mental health field, or obtains a State license or credential in a school-based mental health field, to hire and pay all or part of the salary of the participating graduates working as a school-based mental health services provider in a school served by a participating low-income local educational agency; (3) to increase the number of school-based mental health services providers per student in schools served by participating low-income local educational agencies, in order to work toward the student support personnel target ratios; (4) to recruit, hire, and retain culturally or linguistically under-represented graduate students of programs in school-based mental health fields for placement in schools served by participating low-income educational agencies; (5) to recruit, hire, and pay faculty as necessary to increase the capacity of a participating eligible graduate institution to train graduate students in school-based mental health fields; (6) to develop coursework that will— (A) encourage a commitment by graduate students in school-based mental health fields to work for low-income local educational agencies; (B) give participating graduates the knowledge and skill sets necessary to meet the needs of— (i) students and families served by low-income local educational agencies; and (ii) teachers, administrators, and other staff who work for low-income local educational agencies; (C) enable participating graduates to meet the unique needs of students at risk of negative educational outcomes, including students who— (i) are English language learners; (ii) have a parent or caregiver who is a migrant worker; (iii) have a parent or caregiver who is a member of the armed forces, including the National Guard, who has been deployed or returned from deployment; (iv) are homeless, including unaccompanied youth; (v) have come into contact with the juvenile justice system or adult criminal justice system, including students currently or previously held in juvenile detention facilities or adult jails and students currently or previously held in juvenile correctional facilities or adult prisons; (vi) have been identified as eligible for services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) or the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq.); (vii) have been a victim to or witnessed domestic violence or violence in their community; (viii) have been exposed to substance misuse at home or in the community; or (ix) are foster care youth, youth aging out of foster care, or former foster youth; and (D) utilize best practices determined by the American School Counselor Association, National Association of Social Workers, School Social Work Association of America, and National Association of School Psychologists and other relevant organizations; (7) to provide tuition credits to graduate students participating in the pipeline program; (8) for student loan forgiveness for participating graduates who are employed as school-based mental health services providers by participating low-income local educational agencies for a minimum of 5 consecutive years; and (9) for similar activities to fulfill the purpose of this Act, as the Secretary determines appropriate. (g) Supplement not supplant Funds made available under this section shall be used to supplement, not supplant, other Federal, State, or local funds available for the activities described in subsection (f). (h) Reporting requirements (1) In general Each eligible partnership that receives a grant under this section shall prepare and submit to the Secretary an annual report on the progress of the eligible partnership in carrying out the grant. Such report shall include a description of— (A) actual service delivery provided through the grant funds, including— (i) characteristics of the participating eligible graduate institution, including descriptive information on the educational model used and the actual academic program performance; (ii) characteristics of graduate students participating in the pipeline program supported under the grant, including— (I) performance on any examinations required by the State for credentialing or licensing; (II) demographic characteristics; and (III) graduate student retention rates; (iii) characteristics of students of the participating low-income local educational agency, including performance on any tests required by the State educational agency, demographic characteristics, and promotion, persistence, and graduation rates, as appropriate; (iv) an estimate of the annual implementation costs of the pipeline program; and (v) the numbers of students, schools, and graduate students participating in the pipeline program; (B) outcomes that are consistent with the purpose of the grant program under this Act, including— (i) internship and post-graduation placement of the participating graduate students; (ii) graduation and professional career readiness indicators; and (iii) characteristics of the participating low-income local educational agency, including changes in the hiring and retention of qualified and effective teachers and school-based mental health services providers; (C) the instruction, materials, and activities being funded under the grant; and (D) the effectiveness of any training and ongoing professional development provided— (i) to students and faculty in the appropriate departments or schools of the participating eligible graduate institution; (ii) to the faculty, administration, and staff of the participating low-income local educational agency; and (iii) to the broader community of providers of social, emotional, behavioral, and related support to students and to those individuals who train such providers. (2) Publication The Secretary shall publish the annual reports submitted under paragraph (1) on the website of the Department of Education. (i) Evaluations (1) Interim evaluations The Secretary may conduct interim evaluations to determine whether each eligible partnership receiving a grant under this section is making adequate progress as the Secretary considers appropriate. The contents of the annual report submitted to the Secretary under subsection (h) may be used by the Secretary to determine whether an eligible partnership receiving a grant is demonstrating adequate progress. (2) Final evaluation The Secretary shall conduct a final evaluation to— (A) determine the effectiveness of the grant program in carrying out the purpose of this Act; and (B) compare the relative effectiveness of each of the various activities described in subsection (f) for which grant funds may be used. (j) Report Not earlier than 5 years nor later than 6 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing— (1) the findings of the evaluation conducted under subsection (i)(2); and (2) such recommendations as the Secretary considers appropriate. (k) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out the program under this section, $200,000,000 for fiscal year 2022 and for each succeeding fiscal year. (2) Reservation for evaluation From the total amount appropriated to carry out this section each fiscal year, the Secretary shall reserve not more than 3 percent for evaluations under subsection (i). 4. Student loan forgiveness for individuals who are employed for 5 or more consecutive school years as school-based mental health services providers (a) Establishment of program The Secretary shall establish a program to provide student loan forgiveness for loans issued under parts B, D, and E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq., 1087a et seq., and 1087aa et seq.) to individuals who— (1) are not, and have never been, participants in the grant program established under section 3; and (2) have been employed for 5 or more consecutive school years as school-based mental health services providers by low-income local educational agencies. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the program under this section. 5. Future designation study (a) In general The Secretary shall conduct a study to identify a formula for future designation of regions with a shortage of school-based mental health services providers to use in implementing grant programs and other programs such as the programs established under this Act or for other purposes related to any such designation. (b) Basis of formula The formula described in subsection (a) shall be based on the latest available data regarding an area served by a low-income local educational agency on— (1) the number of residents under the age of 18 in such area; (2) the percentage of the population of such area with incomes below the poverty line; (3) the percentage of residents age 18 or older in such area who have earned secondary school diplomas; (4) the percentage of students in such area who are identified as eligible for special education services; (5) the youth crime rate in such area; (6) the current number of full-time-equivalent and active school-based mental health services providers employed by the low-income local educational agency in such area, in the aggregate and disaggregated by profession; (7) the number of students in such area in military families with parents in the armed forces (including the National Guard and Reserves) who have been alerted for deployment, are currently deployed, or have returned from a deployment in the previous school year; and (8) such other criteria as the Secretary considers appropriate. (c) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the study conducted under subsection (a).
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To reestablish the Victims of Immigrant Crime Engagement Office to provide proactive, timely, adequate, and professional services to victims of crimes committed by removable aliens and the family members of such victims.
[ { "text": "1. Short title \nThis Act may be cited as the Voice for Victims Act.", "id": "ida3d17ff471174f1780c2e8b23b79c0be", "header": "Short title" }, { "text": "2. Victims of Immigrant Crime Engagement Office \n(a) Reestablishment \nThe Secretary of Homeland Security shall direct the Director of U.S. Immigration and Customs Enforcement to take all appropriate and lawful action to reestablish, within U.S. Immigration and Customs Enforcement, the Victims of Immigrant Crime Engagement Office (referred to in this Act as the VOICE Office , which shall provide proactive, timely, adequate, and professional services to victims of crimes committed by removable aliens and the family members of such victims. (b) Quarterly reports \nThe VOICE Office shall submit quarterly reports to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on the Judiciary of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on the Judiciary of the House of Representatives that examine the effects of the victimization of United States nationals by criminal aliens who are present in the United States. (c) Expansion of functions of Citizenship and Immigration Services Ombudsman To include assistance for victims of crimes committed by aliens or border violence \nSection 452(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(b) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) by inserting after paragraph (1) the following: (2) to work with the Victims of Immigrant Crime Engagement Office to assist individuals and families who have been the victims of crimes committed by aliens or violence near the United States border; ; and (3) in paragraph (4), as redesignated, by striking (2) and inserting (3).", "id": "idC7F0FBAE8CC74F97BDBCB1418C0A0E2C", "header": "Victims of Immigrant Crime Engagement Office" } ]
2
1. Short title This Act may be cited as the Voice for Victims Act. 2. Victims of Immigrant Crime Engagement Office (a) Reestablishment The Secretary of Homeland Security shall direct the Director of U.S. Immigration and Customs Enforcement to take all appropriate and lawful action to reestablish, within U.S. Immigration and Customs Enforcement, the Victims of Immigrant Crime Engagement Office (referred to in this Act as the VOICE Office , which shall provide proactive, timely, adequate, and professional services to victims of crimes committed by removable aliens and the family members of such victims. (b) Quarterly reports The VOICE Office shall submit quarterly reports to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on the Judiciary of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on the Judiciary of the House of Representatives that examine the effects of the victimization of United States nationals by criminal aliens who are present in the United States. (c) Expansion of functions of Citizenship and Immigration Services Ombudsman To include assistance for victims of crimes committed by aliens or border violence Section 452(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(b) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) by inserting after paragraph (1) the following: (2) to work with the Victims of Immigrant Crime Engagement Office to assist individuals and families who have been the victims of crimes committed by aliens or violence near the United States border; ; and (3) in paragraph (4), as redesignated, by striking (2) and inserting (3).
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To direct the Director of the Office of Management and Budget to standardize the use of core-based statistical area designations across Federal programs, to allow between 120 and 180 days for public comment on any proposed change to such designations, and to report on the scientific basis and estimated impact to Federal programs for any proposed change to such designations, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021.", "id": "id622e5934-ec40-445d-9471-bda8f5f0795d", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Federal programs use core-based statistical area delineations to determine the delivery of Federal services, benefits, and funding to people in the United States, such as in criteria for eligibility or distribution. (2) Core-based statistical area delineations provide a nationally consistent set of standards for collecting, tabulating, and publishing Federal statistics for geographic areas, and they are not intended for any public or private sector non-statistical uses such as program administration or service delivery. (3) Updates to core-based statistical area delineations may cause widespread disruption to the delivery of Federal services, benefits, and funding to people in the United States based on the reliance of Federal programs on these delineations. (4) There does not exist any comprehensive list of Federal programs that rely on core-based statistical area delineations. Such a list is valuable for the study of how Federal services, benefits, and funding are distributed to people in the United States. (5) Increased transparency on the impacts of any update to core-based statistical area delineations may be overly burdensome due to the anticipated variety of Federal programs that rely on these delineations. Any requirement for complete disclosure of these impacts prior to implementation of new delineations may unintentionally cause the existing delineations to ossify. (6) In order to prevent any disruption to service delivery of Federal programs based on updates to core-based statistical area delineations, and ensure the independence of Federal statistical policymaking, Congress must sever the link between future updates to core-based statistical area delineations and any automatic impact on Federal programs that rely on these delineations.", "id": "id8d10df03680444f8a985ce83dbf9b64c", "header": "Findings" }, { "text": "3. Purpose \nThis purpose of this Act is to ensure— (1) transparency in how core-based statistical area delineations are used in domestic assistance programs; and (2) independence of the Office of Management and Budget in establishing and updating core-based statistical area delineations.", "id": "id94b14a4f77774143a5e28cb9bf67b2d2", "header": "Purpose" }, { "text": "4. Definitions \nIn this Act: (1) Agency \nThe term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Comptroller general \nThe term Comptroller General means the Comptroller General of the United States. (3) Core-based statistical area \nThe term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2020 Standards for Delineating Core-Based Statistical Areas , published in the Federal Register on July 16, 2021 (86 Fed. Reg. 37770), or any successor to that Notice. (4) Director \nThe term Director means the Director of the Office of Management and Budget. (5) Domestic assistance program \nThe term domestic assistance program has the meaning given the term in section 6101 of title 31, United States Code. (6) Open government data asset \nThe term open Government data asset has the meaning given the term in section 3502 of title 44, United States Code.", "id": "id399ee2d02f9840b38ace65c8c256638f", "header": "Definitions" }, { "text": "5. Non-propagation of core-based statistical area delineations \n(a) Amendment \nChapter 63 of title 31, United States Code, is amended by adding at the end the following: 6309. Non-propagation of core-based statistical area delineations \n(a) In general \nBeginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions \nThe definitions in section 4 of the MAPS Act of 2021 shall apply to this section.. (b) Technical and conforming amendment \nThe table of sections for chapter 63 of title 31, United States Code, is amended by inserting after the item relating to section 6308 the following: 6309. Non-propagation of core-based statistical area delineations..", "id": "idd9705917b3534d55a57c396a1318ef62", "header": "Non-propagation of core-based statistical area delineations" }, { "text": "6309. Non-propagation of core-based statistical area delineations \n(a) In general \nBeginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions \nThe definitions in section 4 of the MAPS Act of 2021 shall apply to this section.", "id": "id2faf000f52fe494387b0ff1150216158", "header": "Non-propagation of core-based statistical area delineations" }, { "text": "6. Transparency of non-statistical uses of core-based statistical area delineations \n(a) In general \nSection 6102(a)(2) of title 31, United States Code, is amended— (1) by redesignating subparagraph (G) as subparagraph (H); (2) in subparagraph (F), by striking and at the end; and (3) by inserting after subparagraph (F) the following: (G) uses of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations (as chosen from standardized categories of uses determined by the Director), for purposes including prime recipient and subrecipient eligibility for, and distribution of, any Federal service, benefit, or funding; and. (b) Content requirements \nIn collecting and reviewing the information required under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, the Director shall include as standardized categories— (1) whether the most current core-based statistical area delineation has been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (2) which historical core-based statistical area delineation was maintained, in cases where an updated delineation has not been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (3) what purpose the core-based statistical area delineation serves, including— (A) to determine eligibility for any Federal service, benefit, or funding; (B) to determine distribution of any Federal service, benefit, or funding; and (C) any other standardized category of purpose determined by the Director; (4) whether the use of core-based statistical area delineation directly concerns any— (A) prime recipient of any Federal service, benefit, or funding; and (B) subrecipient of any Federal service, benefit, or funding; and (5) the date when the information collected in this subsection was last updated. (c) Accessibility requirements \nThe Director shall ensure that the information collected and reviewed under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, shall be— (1) publicly accessible as an open Government data asset; (2) presented in a user-friendly visual format with search and download capabilities; (3) easily discoverable by the public on relevant government websites; and (4) updated not less frequently than once every year. (d) Implementation timeline \nThe requirements of this section shall be fully implemented not later than 2 years after the date of enactment of this Act.", "id": "id0160b7d1a0264e6a9386db47a97d6897", "header": "Transparency of non-statistical uses of core-based statistical area delineations" }, { "text": "7. Independence, integrity, and accountability of core-based statistical area delineations \nSection 3504(e) of title 44, United States Code, is amended by— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) ensure that any change to the standards of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations pursuant to this subsection shall— (A) be accompanied by a public report that explains— (i) the scientific basis, criteria, and methodology for such change to existing standards, including clear quantitative thresholds for determining any future statistical re-delineations; and (ii) the opinions of domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, who were consulted regarding such change to existing standards; (B) not be influenced by any non-statistical considerations such as impact on program administration or service delivery; and (C) not propagate automatically for any non-statistical use by any domestic assistance program (as defined in section 4 of the MAPS Act of 2021 )..", "id": "id885c13865909416c83ef709dd215f726", "header": "Independence, integrity, and accountability of core-based statistical area delineations" }, { "text": "8. Comptroller general report \nNot later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that— (1) assesses the completeness, timeliness, quality, accuracy, accessibility, and usefulness of the information reported pursuant to section 6 and the amendment made by section 6; and (2) identifies any Federal programs, including any domestic assistance programs or other programs, that— (A) use core-based statistical area delineations for any non-statistical purpose; and (B) as of the date of the report, are not reported pursuant to section 6 and the amendment made by section 6; and (3) if appropriate, includes any recommendations for Federal agencies or Congress based on the findings described in paragraphs (1) and (2).", "id": "idb8935a24d40b4cdf8629bc88c7b4ea24", "header": "Comptroller general report" } ]
9
1. Short title This Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021. 2. Findings Congress finds the following: (1) Federal programs use core-based statistical area delineations to determine the delivery of Federal services, benefits, and funding to people in the United States, such as in criteria for eligibility or distribution. (2) Core-based statistical area delineations provide a nationally consistent set of standards for collecting, tabulating, and publishing Federal statistics for geographic areas, and they are not intended for any public or private sector non-statistical uses such as program administration or service delivery. (3) Updates to core-based statistical area delineations may cause widespread disruption to the delivery of Federal services, benefits, and funding to people in the United States based on the reliance of Federal programs on these delineations. (4) There does not exist any comprehensive list of Federal programs that rely on core-based statistical area delineations. Such a list is valuable for the study of how Federal services, benefits, and funding are distributed to people in the United States. (5) Increased transparency on the impacts of any update to core-based statistical area delineations may be overly burdensome due to the anticipated variety of Federal programs that rely on these delineations. Any requirement for complete disclosure of these impacts prior to implementation of new delineations may unintentionally cause the existing delineations to ossify. (6) In order to prevent any disruption to service delivery of Federal programs based on updates to core-based statistical area delineations, and ensure the independence of Federal statistical policymaking, Congress must sever the link between future updates to core-based statistical area delineations and any automatic impact on Federal programs that rely on these delineations. 3. Purpose This purpose of this Act is to ensure— (1) transparency in how core-based statistical area delineations are used in domestic assistance programs; and (2) independence of the Office of Management and Budget in establishing and updating core-based statistical area delineations. 4. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Comptroller general The term Comptroller General means the Comptroller General of the United States. (3) Core-based statistical area The term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2020 Standards for Delineating Core-Based Statistical Areas , published in the Federal Register on July 16, 2021 (86 Fed. Reg. 37770), or any successor to that Notice. (4) Director The term Director means the Director of the Office of Management and Budget. (5) Domestic assistance program The term domestic assistance program has the meaning given the term in section 6101 of title 31, United States Code. (6) Open government data asset The term open Government data asset has the meaning given the term in section 3502 of title 44, United States Code. 5. Non-propagation of core-based statistical area delineations (a) Amendment Chapter 63 of title 31, United States Code, is amended by adding at the end the following: 6309. Non-propagation of core-based statistical area delineations (a) In general Beginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions The definitions in section 4 of the MAPS Act of 2021 shall apply to this section.. (b) Technical and conforming amendment The table of sections for chapter 63 of title 31, United States Code, is amended by inserting after the item relating to section 6308 the following: 6309. Non-propagation of core-based statistical area delineations.. 6309. Non-propagation of core-based statistical area delineations (a) In general Beginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions The definitions in section 4 of the MAPS Act of 2021 shall apply to this section. 6. Transparency of non-statistical uses of core-based statistical area delineations (a) In general Section 6102(a)(2) of title 31, United States Code, is amended— (1) by redesignating subparagraph (G) as subparagraph (H); (2) in subparagraph (F), by striking and at the end; and (3) by inserting after subparagraph (F) the following: (G) uses of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations (as chosen from standardized categories of uses determined by the Director), for purposes including prime recipient and subrecipient eligibility for, and distribution of, any Federal service, benefit, or funding; and. (b) Content requirements In collecting and reviewing the information required under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, the Director shall include as standardized categories— (1) whether the most current core-based statistical area delineation has been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (2) which historical core-based statistical area delineation was maintained, in cases where an updated delineation has not been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (3) what purpose the core-based statistical area delineation serves, including— (A) to determine eligibility for any Federal service, benefit, or funding; (B) to determine distribution of any Federal service, benefit, or funding; and (C) any other standardized category of purpose determined by the Director; (4) whether the use of core-based statistical area delineation directly concerns any— (A) prime recipient of any Federal service, benefit, or funding; and (B) subrecipient of any Federal service, benefit, or funding; and (5) the date when the information collected in this subsection was last updated. (c) Accessibility requirements The Director shall ensure that the information collected and reviewed under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, shall be— (1) publicly accessible as an open Government data asset; (2) presented in a user-friendly visual format with search and download capabilities; (3) easily discoverable by the public on relevant government websites; and (4) updated not less frequently than once every year. (d) Implementation timeline The requirements of this section shall be fully implemented not later than 2 years after the date of enactment of this Act. 7. Independence, integrity, and accountability of core-based statistical area delineations Section 3504(e) of title 44, United States Code, is amended by— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) ensure that any change to the standards of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations pursuant to this subsection shall— (A) be accompanied by a public report that explains— (i) the scientific basis, criteria, and methodology for such change to existing standards, including clear quantitative thresholds for determining any future statistical re-delineations; and (ii) the opinions of domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, who were consulted regarding such change to existing standards; (B) not be influenced by any non-statistical considerations such as impact on program administration or service delivery; and (C) not propagate automatically for any non-statistical use by any domestic assistance program (as defined in section 4 of the MAPS Act of 2021 ).. 8. Comptroller general report Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that— (1) assesses the completeness, timeliness, quality, accuracy, accessibility, and usefulness of the information reported pursuant to section 6 and the amendment made by section 6; and (2) identifies any Federal programs, including any domestic assistance programs or other programs, that— (A) use core-based statistical area delineations for any non-statistical purpose; and (B) as of the date of the report, are not reported pursuant to section 6 and the amendment made by section 6; and (3) if appropriate, includes any recommendations for Federal agencies or Congress based on the findings described in paragraphs (1) and (2).
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To direct the Director of the Office of Management and Budget to standardize the use of core-based statistical area designations across Federal programs, to allow between 120 and 180 days for public comment on any proposed change to such designations, and to report on the scientific basis and estimated impact to Federal programs for any proposed change to such designations, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Requirements for modification of CBSA standards \n(a) Definitions \nIn this section: (1) Core-based statistical area \nThe term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas , published in the Federal Register on June 28, 2010 (75 Fed. Reg. 37246), or any successor to that Notice. (2) Director \nThe term Director means the Director of the Office of Management and Budget. (b) Requirements \n(1) In general \nBefore the Director recommends, adopts, or implements any change to the standards for a core-based statistical area, the Director shall— (A) require the complete reporting of the use of core-based statistical area designations as standardized by the Office of Management and Budget in accordance with the amendments made by subsections (c) and (d); (B) allow for public comment on any proposed change to the standards for a core-based statistical area for a period of not less than 120 days and not more than 180 days; and (C) submit a public report, produced in accordance with paragraph (2), to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives on— (i) the scientific basis, criteria, and methodology for any such change to existing standards, including clear quantitative thresholds for determining any future statistical redesignations; and (ii) the complete list of Federal programs that would be impacted by any such change to existing standards, including the estimated impact on a county level to Federal services, opportunities, and funding of these programs, which shall be made available in a searchable format and consistent with the reporting described in subparagraph (A). (2) Required consultation \nThe Director shall— (A) for purpose of reporting the information described in paragraph (1)(C)(i), consult with domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, to assess and justify what scientific basis, criteria, and methodology should determine a region's descriptive status as metropolitan or nonmetropolitan, including any other necessary categories; and (B) for purpose of reporting the information described in paragraph (1)(C)(ii), consult with program staff and other relevant entities, such as representatives from State, local, and tribal governments, as well as representatives from the business community. (c) Agency use of statistical standards \nSection 3504(e) of title 44, United States Code, is amended— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) collaborate with Federal agencies to study and disclose any impact to Federal programs based on implementation of paragraph (3), including agencies that use statistical standards for both statistical and non-statistical purposes.. (d) Standardization \n(1) Program information requirements \nSection 6102(a)(2) of title 31, United States Code, is amended— (A) by redesignating subparagraph (G) and subparagraph (H); (B) in subparagraph (F), by striking and at the end; and (C) by inserting after subparagraph (F) the following: (G) use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient eligibility for, and distribution of, the funding; and. (2) Federal Funding Accountability and Transparency Act of 2006 \nThe Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) is amended— (A) in section 2(b)(1)— (i) by redesignating subparagraph (G) as subparagraph (H); (ii) in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon; and (iii) by inserting after subparagraph (F) the following: (G) use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient and subrecipient eligibility for, and distribution of, the funding; and ; and (B) in section 3(b)— (i) in paragraph (3)(B), by striking and at the end; (ii) in paragraph (4)(B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (5) for each program activity, the use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient and subrecipient eligibility for, and distribution of, the funding..", "id": "idD77E99566D31459DBA22FC7FF06BC60E", "header": "Requirements for modification of CBSA standards" }, { "text": "1. Short title \nThis Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021.", "id": "id622e5934-ec40-445d-9471-bda8f5f0795d", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Federal programs use core-based statistical area delineations to determine the delivery of Federal services, benefits, and funding to people in the United States, such as in criteria for eligibility or distribution. (2) Core-based statistical area delineations provide a nationally consistent set of standards for collecting, tabulating, and publishing Federal statistics for geographic areas, and they are not intended for any public or private sector non-statistical uses such as program administration or service delivery. (3) Updates to core-based statistical area delineations may cause widespread disruption to the delivery of Federal services, benefits, and funding to people in the United States based on the reliance of Federal programs on these delineations. (4) There does not exist any comprehensive list of Federal programs that rely on core-based statistical area delineations. Such a list is valuable for the study of how Federal services, benefits, and funding are distributed to people in the United States. (5) Increased transparency on the impacts of any update to core-based statistical area delineations may be overly burdensome due to the anticipated variety of Federal programs that rely on these delineations. Any requirement for complete disclosure of these impacts prior to implementation of new delineations may unintentionally cause the existing delineations to ossify. (6) In order to prevent any disruption to service delivery of Federal programs based on updates to core-based statistical area delineations, and ensure the independence of Federal statistical policymaking, Congress must sever the link between future updates to core-based statistical area delineations and any automatic impact on Federal programs that rely on these delineations.", "id": "id8d10df03680444f8a985ce83dbf9b64c", "header": "Findings" }, { "text": "3. Purpose \nThis purpose of this Act is to ensure— (1) transparency in how core-based statistical area delineations are used in domestic assistance programs; and (2) independence of the Office of Management and Budget in establishing and updating core-based statistical area delineations.", "id": "id94b14a4f77774143a5e28cb9bf67b2d2", "header": "Purpose" }, { "text": "4. Definitions \nIn this Act: (1) Agency \nThe term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Comptroller general \nThe term Comptroller General means the Comptroller General of the United States. (3) Core-based statistical area \nThe term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2020 Standards for Delineating Core-Based Statistical Areas , published in the Federal Register on July 16, 2021 (86 Fed. Reg. 37770), or any successor to that Notice. (4) Director \nThe term Director means the Director of the Office of Management and Budget. (5) Domestic assistance program \nThe term domestic assistance program has the meaning given the term in section 6101 of title 31, United States Code. (6) Open government data asset \nThe term open Government data asset has the meaning given the term in section 3502 of title 44, United States Code.", "id": "id399ee2d02f9840b38ace65c8c256638f", "header": "Definitions" }, { "text": "5. Non-propagation of core-based statistical area delineations \n(a) Amendment \nChapter 63 of title 31, United States Code, is amended by adding at the end the following: 6309. Non-propagation of core-based statistical area delineations \n(a) In general \nBeginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions \nThe definitions in section 4 of the MAPS Act of 2021 shall apply to this section.. (b) Technical and conforming amendment \nThe table of sections for chapter 63 of title 31, United States Code, is amended by inserting after the item relating to section 6308 the following: 6309. Non-propagation of core-based statistical area delineations..", "id": "idd9705917b3534d55a57c396a1318ef62", "header": "Non-propagation of core-based statistical area delineations" }, { "text": "6309. Non-propagation of core-based statistical area delineations \n(a) In general \nBeginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions \nThe definitions in section 4 of the MAPS Act of 2021 shall apply to this section.", "id": "id2faf000f52fe494387b0ff1150216158", "header": "Non-propagation of core-based statistical area delineations" }, { "text": "6. Transparency of non-statistical uses of core-based statistical area delineations \n(a) In general \nSection 6102(a)(2) of title 31, United States Code, is amended— (1) by redesignating subparagraph (G) as subparagraph (H); (2) in subparagraph (F), by striking and at the end; and (3) by inserting after subparagraph (F) the following: (G) uses of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations (as chosen from standardized categories of uses determined by the Director), for purposes including prime recipient and subrecipient eligibility for, and distribution of, any Federal service, benefit, or funding; and. (b) Content requirements \nIn collecting and reviewing the information required under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, the Director shall include as standardized categories— (1) whether the most current core-based statistical area delineation has been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (2) which historical core-based statistical area delineation was maintained, in cases where an updated delineation has not been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (3) what purpose the core-based statistical area delineation serves, including— (A) to determine eligibility for any Federal service, benefit, or funding; (B) to determine distribution of any Federal service, benefit, or funding; and (C) any other standardized category of purpose determined by the Director; (4) whether the use of core-based statistical area delineation directly concerns any— (A) prime recipient of any Federal service, benefit, or funding; and (B) subrecipient of any Federal service, benefit, or funding; and (5) the date when the information collected in this subsection was last updated. (c) Accessibility requirements \nThe Director shall ensure that the information collected and reviewed under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, shall be— (1) publicly accessible as an open Government data asset; (2) presented in a user-friendly visual format with search and download capabilities; (3) easily discoverable by the public on relevant government websites; and (4) updated not less frequently than once every year. (d) Implementation timeline \nThe requirements of this section shall be fully implemented not later than 2 years after the date of enactment of this Act.", "id": "id0160b7d1a0264e6a9386db47a97d6897", "header": "Transparency of non-statistical uses of core-based statistical area delineations" }, { "text": "7. Independence, integrity, and accountability of core-based statistical area delineations \nSection 3504(e) of title 44, United States Code, is amended by— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) ensure that any change to the standards of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations pursuant to this subsection shall— (A) be accompanied by a public report that explains— (i) the scientific basis, criteria, and methodology for such change to existing standards, including clear quantitative thresholds for determining any future statistical re-delineations; and (ii) the opinions of domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, who were consulted regarding such change to existing standards; (B) not be influenced by any non-statistical considerations such as impact on program administration or service delivery; and (C) not propagate automatically for any non-statistical use by any domestic assistance program (as defined in section 4 of the MAPS Act of 2021 )..", "id": "id885c13865909416c83ef709dd215f726", "header": "Independence, integrity, and accountability of core-based statistical area delineations" }, { "text": "8. Comptroller general report \nNot later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that— (1) assesses the completeness, timeliness, quality, accuracy, accessibility, and usefulness of the information reported pursuant to section 6 and the amendment made by section 6; and (2) identifies any Federal programs, including any domestic assistance programs or other programs, that— (A) use core-based statistical area delineations for any non-statistical purpose; and (B) as of the date of the report, are not reported pursuant to section 6 and the amendment made by section 6; and (3) if appropriate, includes any recommendations for Federal agencies or Congress based on the findings described in paragraphs (1) and (2).", "id": "idb8935a24d40b4cdf8629bc88c7b4ea24", "header": "Comptroller general report" } ]
11
1. Short title This Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021. 2. Requirements for modification of CBSA standards (a) Definitions In this section: (1) Core-based statistical area The term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas , published in the Federal Register on June 28, 2010 (75 Fed. Reg. 37246), or any successor to that Notice. (2) Director The term Director means the Director of the Office of Management and Budget. (b) Requirements (1) In general Before the Director recommends, adopts, or implements any change to the standards for a core-based statistical area, the Director shall— (A) require the complete reporting of the use of core-based statistical area designations as standardized by the Office of Management and Budget in accordance with the amendments made by subsections (c) and (d); (B) allow for public comment on any proposed change to the standards for a core-based statistical area for a period of not less than 120 days and not more than 180 days; and (C) submit a public report, produced in accordance with paragraph (2), to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives on— (i) the scientific basis, criteria, and methodology for any such change to existing standards, including clear quantitative thresholds for determining any future statistical redesignations; and (ii) the complete list of Federal programs that would be impacted by any such change to existing standards, including the estimated impact on a county level to Federal services, opportunities, and funding of these programs, which shall be made available in a searchable format and consistent with the reporting described in subparagraph (A). (2) Required consultation The Director shall— (A) for purpose of reporting the information described in paragraph (1)(C)(i), consult with domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, to assess and justify what scientific basis, criteria, and methodology should determine a region's descriptive status as metropolitan or nonmetropolitan, including any other necessary categories; and (B) for purpose of reporting the information described in paragraph (1)(C)(ii), consult with program staff and other relevant entities, such as representatives from State, local, and tribal governments, as well as representatives from the business community. (c) Agency use of statistical standards Section 3504(e) of title 44, United States Code, is amended— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) collaborate with Federal agencies to study and disclose any impact to Federal programs based on implementation of paragraph (3), including agencies that use statistical standards for both statistical and non-statistical purposes.. (d) Standardization (1) Program information requirements Section 6102(a)(2) of title 31, United States Code, is amended— (A) by redesignating subparagraph (G) and subparagraph (H); (B) in subparagraph (F), by striking and at the end; and (C) by inserting after subparagraph (F) the following: (G) use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient eligibility for, and distribution of, the funding; and. (2) Federal Funding Accountability and Transparency Act of 2006 The Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) is amended— (A) in section 2(b)(1)— (i) by redesignating subparagraph (G) as subparagraph (H); (ii) in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon; and (iii) by inserting after subparagraph (F) the following: (G) use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient and subrecipient eligibility for, and distribution of, the funding; and ; and (B) in section 3(b)— (i) in paragraph (3)(B), by striking and at the end; (ii) in paragraph (4)(B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (5) for each program activity, the use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient and subrecipient eligibility for, and distribution of, the funding.. 1. Short title This Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021. 2. Findings Congress finds the following: (1) Federal programs use core-based statistical area delineations to determine the delivery of Federal services, benefits, and funding to people in the United States, such as in criteria for eligibility or distribution. (2) Core-based statistical area delineations provide a nationally consistent set of standards for collecting, tabulating, and publishing Federal statistics for geographic areas, and they are not intended for any public or private sector non-statistical uses such as program administration or service delivery. (3) Updates to core-based statistical area delineations may cause widespread disruption to the delivery of Federal services, benefits, and funding to people in the United States based on the reliance of Federal programs on these delineations. (4) There does not exist any comprehensive list of Federal programs that rely on core-based statistical area delineations. Such a list is valuable for the study of how Federal services, benefits, and funding are distributed to people in the United States. (5) Increased transparency on the impacts of any update to core-based statistical area delineations may be overly burdensome due to the anticipated variety of Federal programs that rely on these delineations. Any requirement for complete disclosure of these impacts prior to implementation of new delineations may unintentionally cause the existing delineations to ossify. (6) In order to prevent any disruption to service delivery of Federal programs based on updates to core-based statistical area delineations, and ensure the independence of Federal statistical policymaking, Congress must sever the link between future updates to core-based statistical area delineations and any automatic impact on Federal programs that rely on these delineations. 3. Purpose This purpose of this Act is to ensure— (1) transparency in how core-based statistical area delineations are used in domestic assistance programs; and (2) independence of the Office of Management and Budget in establishing and updating core-based statistical area delineations. 4. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Comptroller general The term Comptroller General means the Comptroller General of the United States. (3) Core-based statistical area The term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2020 Standards for Delineating Core-Based Statistical Areas , published in the Federal Register on July 16, 2021 (86 Fed. Reg. 37770), or any successor to that Notice. (4) Director The term Director means the Director of the Office of Management and Budget. (5) Domestic assistance program The term domestic assistance program has the meaning given the term in section 6101 of title 31, United States Code. (6) Open government data asset The term open Government data asset has the meaning given the term in section 3502 of title 44, United States Code. 5. Non-propagation of core-based statistical area delineations (a) Amendment Chapter 63 of title 31, United States Code, is amended by adding at the end the following: 6309. Non-propagation of core-based statistical area delineations (a) In general Beginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions The definitions in section 4 of the MAPS Act of 2021 shall apply to this section.. (b) Technical and conforming amendment The table of sections for chapter 63 of title 31, United States Code, is amended by inserting after the item relating to section 6308 the following: 6309. Non-propagation of core-based statistical area delineations.. 6309. Non-propagation of core-based statistical area delineations (a) In general Beginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions The definitions in section 4 of the MAPS Act of 2021 shall apply to this section. 6. Transparency of non-statistical uses of core-based statistical area delineations (a) In general Section 6102(a)(2) of title 31, United States Code, is amended— (1) by redesignating subparagraph (G) as subparagraph (H); (2) in subparagraph (F), by striking and at the end; and (3) by inserting after subparagraph (F) the following: (G) uses of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations (as chosen from standardized categories of uses determined by the Director), for purposes including prime recipient and subrecipient eligibility for, and distribution of, any Federal service, benefit, or funding; and. (b) Content requirements In collecting and reviewing the information required under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, the Director shall include as standardized categories— (1) whether the most current core-based statistical area delineation has been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (2) which historical core-based statistical area delineation was maintained, in cases where an updated delineation has not been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (3) what purpose the core-based statistical area delineation serves, including— (A) to determine eligibility for any Federal service, benefit, or funding; (B) to determine distribution of any Federal service, benefit, or funding; and (C) any other standardized category of purpose determined by the Director; (4) whether the use of core-based statistical area delineation directly concerns any— (A) prime recipient of any Federal service, benefit, or funding; and (B) subrecipient of any Federal service, benefit, or funding; and (5) the date when the information collected in this subsection was last updated. (c) Accessibility requirements The Director shall ensure that the information collected and reviewed under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, shall be— (1) publicly accessible as an open Government data asset; (2) presented in a user-friendly visual format with search and download capabilities; (3) easily discoverable by the public on relevant government websites; and (4) updated not less frequently than once every year. (d) Implementation timeline The requirements of this section shall be fully implemented not later than 2 years after the date of enactment of this Act. 7. Independence, integrity, and accountability of core-based statistical area delineations Section 3504(e) of title 44, United States Code, is amended by— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) ensure that any change to the standards of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations pursuant to this subsection shall— (A) be accompanied by a public report that explains— (i) the scientific basis, criteria, and methodology for such change to existing standards, including clear quantitative thresholds for determining any future statistical re-delineations; and (ii) the opinions of domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, who were consulted regarding such change to existing standards; (B) not be influenced by any non-statistical considerations such as impact on program administration or service delivery; and (C) not propagate automatically for any non-statistical use by any domestic assistance program (as defined in section 4 of the MAPS Act of 2021 ).. 8. Comptroller general report Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that— (1) assesses the completeness, timeliness, quality, accuracy, accessibility, and usefulness of the information reported pursuant to section 6 and the amendment made by section 6; and (2) identifies any Federal programs, including any domestic assistance programs or other programs, that— (A) use core-based statistical area delineations for any non-statistical purpose; and (B) as of the date of the report, are not reported pursuant to section 6 and the amendment made by section 6; and (3) if appropriate, includes any recommendations for Federal agencies or Congress based on the findings described in paragraphs (1) and (2).
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To direct the Director of the Office of Management and Budget to standardize the use of core-based statistical area designations across Federal programs, to allow between 120 and 180 days for public comment on any proposed change to such designations, and to report on the scientific basis and estimated impact to Federal programs for any proposed change to such designations, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021.", "id": "id622e5934-ec40-445d-9471-bda8f5f0795d", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Federal programs use core-based statistical area delineations to determine the delivery of Federal services, benefits, and funding to people in the United States, such as in criteria for eligibility or distribution. (2) Core-based statistical area delineations provide a nationally consistent set of standards for collecting, tabulating, and publishing Federal statistics for geographic areas, and they are not intended for any public or private sector non-statistical uses such as program administration or service delivery. (3) Updates to core-based statistical area delineations may cause widespread disruption to the delivery of Federal services, benefits, and funding to people in the United States based on the reliance of Federal programs on these delineations. (4) There does not exist any comprehensive list of Federal programs that rely on core-based statistical area delineations. Such a list is valuable for the study of how Federal services, benefits, and funding are distributed to people in the United States. (5) Increased transparency on the impacts of any update to core-based statistical area delineations may be overly burdensome due to the anticipated variety of Federal programs that rely on these delineations. Any requirement for complete disclosure of these impacts prior to implementation of new delineations may unintentionally cause the existing delineations to ossify. (6) In order to prevent any disruption to service delivery of Federal programs based on updates to core-based statistical area delineations, and ensure the independence of Federal statistical policymaking, Congress must sever the link between future updates to core-based statistical area delineations and any automatic impact on Federal programs that rely on these delineations.", "id": "id8d10df03680444f8a985ce83dbf9b64c", "header": "Findings" }, { "text": "3. Purpose \nThis purpose of this Act is to ensure— (1) transparency in how core-based statistical area delineations are used in domestic assistance programs; and (2) independence of the Office of Management and Budget in establishing and updating core-based statistical area delineations.", "id": "id94b14a4f77774143a5e28cb9bf67b2d2", "header": "Purpose" }, { "text": "4. Definitions \nIn this Act: (1) Agency \nThe term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Comptroller general \nThe term Comptroller General means the Comptroller General of the United States. (3) Core-based statistical area \nThe term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2020 Standards for Delineating Core-Based Statistical Areas , published in the Federal Register on July 16, 2021 (86 Fed. Reg. 37770), or any successor to that Notice. (4) Director \nThe term Director means the Director of the Office of Management and Budget. (5) Domestic assistance program \nThe term domestic assistance program has the meaning given the term in section 6101 of title 31, United States Code. (6) Open government data asset \nThe term open Government data asset has the meaning given the term in section 3502 of title 44, United States Code.", "id": "id399ee2d02f9840b38ace65c8c256638f", "header": "Definitions" }, { "text": "5. Non-propagation of core-based statistical area delineations \n(a) Amendment \nChapter 63 of title 31, United States Code, is amended by adding at the end the following: 6309. Non-propagation of core-based statistical area delineations \n(a) In general \nBeginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions \nThe definitions in section 4 of the MAPS Act of 2021 shall apply to this section.. (b) Technical and conforming amendment \nThe table of sections for chapter 63 of title 31, United States Code, is amended by inserting after the item relating to section 6308 the following: 6309. Non-propagation of core-based statistical area delineations..", "id": "idd9705917b3534d55a57c396a1318ef62", "header": "Non-propagation of core-based statistical area delineations" }, { "text": "6309. Non-propagation of core-based statistical area delineations \n(a) In general \nBeginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions \nThe definitions in section 4 of the MAPS Act of 2021 shall apply to this section.", "id": "id2faf000f52fe494387b0ff1150216158", "header": "Non-propagation of core-based statistical area delineations" }, { "text": "6. Transparency of non-statistical uses of core-based statistical area delineations \n(a) In general \nSection 6102(a)(2) of title 31, United States Code, is amended— (1) by redesignating subparagraph (G) as subparagraph (H); (2) in subparagraph (F), by striking and at the end; and (3) by inserting after subparagraph (F) the following: (G) uses of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations (as chosen from standardized categories of uses determined by the Director), for purposes including prime recipient and subrecipient eligibility for, and distribution of, any Federal service, benefit, or funding; and. (b) Content requirements \nIn collecting and reviewing the information required under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, the Director shall include as standardized categories— (1) whether the most current core-based statistical area delineation has been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (2) which historical core-based statistical area delineation was maintained, in cases where an updated delineation has not been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (3) what purpose the core-based statistical area delineation serves, including— (A) to determine eligibility for any Federal service, benefit, or funding; (B) to determine distribution of any Federal service, benefit, or funding; and (C) any other standardized category of purpose determined by the Director; (4) whether the use of core-based statistical area delineation directly concerns any— (A) prime recipient of any Federal service, benefit, or funding; and (B) subrecipient of any Federal service, benefit, or funding; and (5) the date when the information collected in this subsection was last updated. (c) Accessibility requirements \nThe Director shall ensure that the information collected and reviewed under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, shall be— (1) publicly accessible as an open Government data asset; (2) presented in a user-friendly visual format with search and download capabilities; (3) easily discoverable by the public on relevant government websites; and (4) updated not less frequently than once every year. (d) Implementation timeline \nThe requirements of this section shall be fully implemented not later than 2 years after the date of enactment of this Act.", "id": "id0160b7d1a0264e6a9386db47a97d6897", "header": "Transparency of non-statistical uses of core-based statistical area delineations" }, { "text": "7. Independence, integrity, and accountability of core-based statistical area delineations \nSection 3504(e) of title 44, United States Code, is amended by— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) ensure that any change to the standards of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations pursuant to this subsection shall— (A) be accompanied by a public report that explains— (i) the scientific basis, criteria, and methodology for such change to existing standards, including clear quantitative thresholds for determining any future statistical re-delineations; and (ii) the opinions of domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, who were consulted regarding such change to existing standards; (B) not be influenced by any non-statistical considerations such as impact on program administration or service delivery; and (C) not propagate automatically for any non-statistical use by any domestic assistance program (as defined in section 4 of the MAPS Act of 2021 )..", "id": "id885c13865909416c83ef709dd215f726", "header": "Independence, integrity, and accountability of core-based statistical area delineations" }, { "text": "8. Comptroller general report \nNot later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that— (1) assesses the completeness, timeliness, quality, accuracy, accessibility, and usefulness of the information reported pursuant to section 6 and the amendment made by section 6; and (2) identifies any Federal programs, including any domestic assistance programs or other programs, that— (A) use core-based statistical area delineations for any non-statistical purpose; and (B) as of the date of the report, are not reported pursuant to section 6 and the amendment made by section 6; and (3) if appropriate, includes any recommendations for Federal agencies or Congress based on the findings described in paragraphs (1) and (2).", "id": "idb8935a24d40b4cdf8629bc88c7b4ea24", "header": "Comptroller general report" } ]
9
1. Short title This Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021. 2. Findings Congress finds the following: (1) Federal programs use core-based statistical area delineations to determine the delivery of Federal services, benefits, and funding to people in the United States, such as in criteria for eligibility or distribution. (2) Core-based statistical area delineations provide a nationally consistent set of standards for collecting, tabulating, and publishing Federal statistics for geographic areas, and they are not intended for any public or private sector non-statistical uses such as program administration or service delivery. (3) Updates to core-based statistical area delineations may cause widespread disruption to the delivery of Federal services, benefits, and funding to people in the United States based on the reliance of Federal programs on these delineations. (4) There does not exist any comprehensive list of Federal programs that rely on core-based statistical area delineations. Such a list is valuable for the study of how Federal services, benefits, and funding are distributed to people in the United States. (5) Increased transparency on the impacts of any update to core-based statistical area delineations may be overly burdensome due to the anticipated variety of Federal programs that rely on these delineations. Any requirement for complete disclosure of these impacts prior to implementation of new delineations may unintentionally cause the existing delineations to ossify. (6) In order to prevent any disruption to service delivery of Federal programs based on updates to core-based statistical area delineations, and ensure the independence of Federal statistical policymaking, Congress must sever the link between future updates to core-based statistical area delineations and any automatic impact on Federal programs that rely on these delineations. 3. Purpose This purpose of this Act is to ensure— (1) transparency in how core-based statistical area delineations are used in domestic assistance programs; and (2) independence of the Office of Management and Budget in establishing and updating core-based statistical area delineations. 4. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Comptroller general The term Comptroller General means the Comptroller General of the United States. (3) Core-based statistical area The term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2020 Standards for Delineating Core-Based Statistical Areas , published in the Federal Register on July 16, 2021 (86 Fed. Reg. 37770), or any successor to that Notice. (4) Director The term Director means the Director of the Office of Management and Budget. (5) Domestic assistance program The term domestic assistance program has the meaning given the term in section 6101 of title 31, United States Code. (6) Open government data asset The term open Government data asset has the meaning given the term in section 3502 of title 44, United States Code. 5. Non-propagation of core-based statistical area delineations (a) Amendment Chapter 63 of title 31, United States Code, is amended by adding at the end the following: 6309. Non-propagation of core-based statistical area delineations (a) In general Beginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions The definitions in section 4 of the MAPS Act of 2021 shall apply to this section.. (b) Technical and conforming amendment The table of sections for chapter 63 of title 31, United States Code, is amended by inserting after the item relating to section 6308 the following: 6309. Non-propagation of core-based statistical area delineations.. 6309. Non-propagation of core-based statistical area delineations (a) In general Beginning on the date of enactment of the MAPS Act of 2021 , and notwithstanding any other provision of law, any change to the standards of core-based statistical area delineations pursuant to section 3504(e) of title 44— (1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through— (A) statutory reference to any core-based statistical area delineation; or (B) administrative or regulatory reference to any core-based statistical area delineation; and (2) shall propagate for any non-statistical use by any domestic assistance program only— (A) if a relevant agency determines that such a propagation— (i) supports the purposes of the program; and (ii) is in the public interest; and (B) through affirmative adoption through notice-and-comment rulemaking pursuant to section 553 of title 5. (b) Definitions The definitions in section 4 of the MAPS Act of 2021 shall apply to this section. 6. Transparency of non-statistical uses of core-based statistical area delineations (a) In general Section 6102(a)(2) of title 31, United States Code, is amended— (1) by redesignating subparagraph (G) as subparagraph (H); (2) in subparagraph (F), by striking and at the end; and (3) by inserting after subparagraph (F) the following: (G) uses of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations (as chosen from standardized categories of uses determined by the Director), for purposes including prime recipient and subrecipient eligibility for, and distribution of, any Federal service, benefit, or funding; and. (b) Content requirements In collecting and reviewing the information required under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, the Director shall include as standardized categories— (1) whether the most current core-based statistical area delineation has been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (2) which historical core-based statistical area delineation was maintained, in cases where an updated delineation has not been affirmatively adopted pursuant to section 6309 of title 31, United States Coded, as added by this Act; (3) what purpose the core-based statistical area delineation serves, including— (A) to determine eligibility for any Federal service, benefit, or funding; (B) to determine distribution of any Federal service, benefit, or funding; and (C) any other standardized category of purpose determined by the Director; (4) whether the use of core-based statistical area delineation directly concerns any— (A) prime recipient of any Federal service, benefit, or funding; and (B) subrecipient of any Federal service, benefit, or funding; and (5) the date when the information collected in this subsection was last updated. (c) Accessibility requirements The Director shall ensure that the information collected and reviewed under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, shall be— (1) publicly accessible as an open Government data asset; (2) presented in a user-friendly visual format with search and download capabilities; (3) easily discoverable by the public on relevant government websites; and (4) updated not less frequently than once every year. (d) Implementation timeline The requirements of this section shall be fully implemented not later than 2 years after the date of enactment of this Act. 7. Independence, integrity, and accountability of core-based statistical area delineations Section 3504(e) of title 44, United States Code, is amended by— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) ensure that any change to the standards of core-based statistical area (as defined in section 4 of the MAPS Act of 2021 ) delineations pursuant to this subsection shall— (A) be accompanied by a public report that explains— (i) the scientific basis, criteria, and methodology for such change to existing standards, including clear quantitative thresholds for determining any future statistical re-delineations; and (ii) the opinions of domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, who were consulted regarding such change to existing standards; (B) not be influenced by any non-statistical considerations such as impact on program administration or service delivery; and (C) not propagate automatically for any non-statistical use by any domestic assistance program (as defined in section 4 of the MAPS Act of 2021 ).. 8. Comptroller general report Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that— (1) assesses the completeness, timeliness, quality, accuracy, accessibility, and usefulness of the information reported pursuant to section 6 and the amendment made by section 6; and (2) identifies any Federal programs, including any domestic assistance programs or other programs, that— (A) use core-based statistical area delineations for any non-statistical purpose; and (B) as of the date of the report, are not reported pursuant to section 6 and the amendment made by section 6; and (3) if appropriate, includes any recommendations for Federal agencies or Congress based on the findings described in paragraphs (1) and (2).
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To direct the Director of the Office of Management and Budget to standardize the use of core-based statistical area designations across Federal programs, to allow between 120 and 180 days for public comment on any proposed change to such designations, and to report on the scientific basis and estimated impact to Federal programs for any proposed change to such designations, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Requirements for modification of CBSA standards \n(a) Definitions \nIn this section: (1) Core-based statistical area \nThe term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas , published in the Federal Register on June 28, 2010 (75 Fed. Reg. 37246), or any successor to that Notice. (2) Director \nThe term Director means the Director of the Office of Management and Budget. (b) Requirements \n(1) In general \nBefore the Director recommends, adopts, or implements any change to the standards for a core-based statistical area, the Director shall— (A) require the complete reporting of the use of core-based statistical area designations as standardized by the Office of Management and Budget in accordance with the amendments made by subsections (c) and (d); (B) allow for public comment on any proposed change to the standards for a core-based statistical area for a period of not less than 120 days and not more than 180 days; and (C) submit a public report, produced in accordance with paragraph (2), to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives on— (i) the scientific basis, criteria, and methodology for any such change to existing standards, including clear quantitative thresholds for determining any future statistical redesignations; and (ii) the complete list of Federal programs that would be impacted by any such change to existing standards, including the estimated impact on a county level to Federal services, opportunities, and funding of these programs, which shall be made available in a searchable format and consistent with the reporting described in subparagraph (A). (2) Required consultation \nThe Director shall— (A) for purpose of reporting the information described in paragraph (1)(C)(i), consult with domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, to assess and justify what scientific basis, criteria, and methodology should determine a region's descriptive status as metropolitan or nonmetropolitan, including any other necessary categories; and (B) for purpose of reporting the information described in paragraph (1)(C)(ii), consult with program staff and other relevant entities, such as representatives from State, local, and tribal governments, as well as representatives from the business community. (c) Agency use of statistical standards \nSection 3504(e) of title 44, United States Code, is amended— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) collaborate with Federal agencies to study and disclose any impact to Federal programs based on implementation of paragraph (3), including agencies that use statistical standards for both statistical and non-statistical purposes.. (d) Standardization \n(1) Program information requirements \nSection 6102(a)(2) of title 31, United States Code, is amended— (A) by redesignating subparagraph (G) and subparagraph (H); (B) in subparagraph (F), by striking and at the end; and (C) by inserting after subparagraph (F) the following: (G) use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient eligibility for, and distribution of, the funding; and. (2) Federal Funding Accountability and Transparency Act of 2006 \nThe Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) is amended— (A) in section 2(b)(1)— (i) by redesignating subparagraph (G) as subparagraph (H); (ii) in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon; and (iii) by inserting after subparagraph (F) the following: (G) use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient and subrecipient eligibility for, and distribution of, the funding; and ; and (B) in section 3(b)— (i) in paragraph (3)(B), by striking and at the end; (ii) in paragraph (4)(B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (5) for each program activity, the use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient and subrecipient eligibility for, and distribution of, the funding..", "id": "idD77E99566D31459DBA22FC7FF06BC60E", "header": "Requirements for modification of CBSA standards" } ]
2
1. Short title This Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021. 2. Requirements for modification of CBSA standards (a) Definitions In this section: (1) Core-based statistical area The term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas , published in the Federal Register on June 28, 2010 (75 Fed. Reg. 37246), or any successor to that Notice. (2) Director The term Director means the Director of the Office of Management and Budget. (b) Requirements (1) In general Before the Director recommends, adopts, or implements any change to the standards for a core-based statistical area, the Director shall— (A) require the complete reporting of the use of core-based statistical area designations as standardized by the Office of Management and Budget in accordance with the amendments made by subsections (c) and (d); (B) allow for public comment on any proposed change to the standards for a core-based statistical area for a period of not less than 120 days and not more than 180 days; and (C) submit a public report, produced in accordance with paragraph (2), to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives on— (i) the scientific basis, criteria, and methodology for any such change to existing standards, including clear quantitative thresholds for determining any future statistical redesignations; and (ii) the complete list of Federal programs that would be impacted by any such change to existing standards, including the estimated impact on a county level to Federal services, opportunities, and funding of these programs, which shall be made available in a searchable format and consistent with the reporting described in subparagraph (A). (2) Required consultation The Director shall— (A) for purpose of reporting the information described in paragraph (1)(C)(i), consult with domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, to assess and justify what scientific basis, criteria, and methodology should determine a region's descriptive status as metropolitan or nonmetropolitan, including any other necessary categories; and (B) for purpose of reporting the information described in paragraph (1)(C)(ii), consult with program staff and other relevant entities, such as representatives from State, local, and tribal governments, as well as representatives from the business community. (c) Agency use of statistical standards Section 3504(e) of title 44, United States Code, is amended— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) collaborate with Federal agencies to study and disclose any impact to Federal programs based on implementation of paragraph (3), including agencies that use statistical standards for both statistical and non-statistical purposes.. (d) Standardization (1) Program information requirements Section 6102(a)(2) of title 31, United States Code, is amended— (A) by redesignating subparagraph (G) and subparagraph (H); (B) in subparagraph (F), by striking and at the end; and (C) by inserting after subparagraph (F) the following: (G) use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient eligibility for, and distribution of, the funding; and. (2) Federal Funding Accountability and Transparency Act of 2006 The Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) is amended— (A) in section 2(b)(1)— (i) by redesignating subparagraph (G) as subparagraph (H); (ii) in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon; and (iii) by inserting after subparagraph (F) the following: (G) use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient and subrecipient eligibility for, and distribution of, the funding; and ; and (B) in section 3(b)— (i) in paragraph (3)(B), by striking and at the end; (ii) in paragraph (4)(B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (5) for each program activity, the use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient and subrecipient eligibility for, and distribution of, the funding..
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To amend the Internal Revenue Code of 1986 to expand the denial of deduction for certain excessive employee remuneration, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Stop Subsidizing Multimillion Dollar Corporate Bonuses Act.", "id": "HD8D3A9123CDB453E8E60E3DB0DA3327D", "header": "Short title" }, { "text": "2. Expansion of denial of deduction for certain excessive employee remuneration \n(a) In general \n(1) Expansion \nSection 162(m) of the Internal Revenue Code of 1986 is amended— (A) by striking applicable employee remuneration each place it appears in paragraphs (1), (4), and (5)(E) and inserting applicable remuneration , (B) by striking covered employee each place it appears in paragraphs (1) and (4) and inserting covered individual , and (C) by striking employee each place it appears in paragraph (1) and subparagraphs (A), (C)(ii), and (E) of paragraph (4) and inserting individual. (2) Covered individual \nParagraph (3) of section 162(m) of such Code is amended to read as follows: (3) Covered individual \nFor purposes of this subsection, the term covered individual means— (A) any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2020, or (B) any employee— (i) who was the principal executive officer or principal financial officer of the taxpayer (or any predecessor) at any time during any preceding taxable year beginning after December 31, 2016, and before January 1, 2021, or who was an individual acting in such a capacity, or (ii) the total compensation of whom for any taxable year described in clause (i) was required to be reported to shareholders under the Securities Exchange Act of 1934 by reason of such individual being among the 3 highest compensated officers for the taxable year (other than any individual described in clause (i)). Such term shall include any employee who would be described in subparagraph (B)(ii) if the reporting described in such subparagraph were required as so described.. (3) Conforming amendments \n(A) The heading for section 162(m) of the Internal Revenue Code of 1986 is amended by striking employee. (B) The heading for section 162(m)(4) is amended by striking employee. (b) Modification of definition of publicly held corporation \nSection 162(m)(2) of the Internal Revenue Code of 1986 is amended— (1) by inserting , with respect to any taxable year, after means , and (2) by striking subparagraph (B) and inserting the following: (B) that was required to file reports under section 15(d) of such Act ( 15 U.S.C. 78o(d) ) at any time during the 3-taxable year period ending with such taxable year.. (c) Regulatory authority \n(1) In general \nSection 162(m) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Regulations \nThe Secretary may prescribe such guidance, rules, or regulations as are necessary to carry out the purposes of this subsection, including regulations— (A) with respect to reporting, and (B) to prevent avoidance of the purposes of this section by providing compensation through a pass-through or other entity.. (2) Conforming amendment \nParagraph (6) of section 162(m) of such Code is amended by striking subparagraph (H). (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "HC8987FFB50DF4FEE8F2C76919BCA1A91", "header": "Expansion of denial of deduction for certain excessive employee remuneration" } ]
2
1. Short title This Act may be cited as the Stop Subsidizing Multimillion Dollar Corporate Bonuses Act. 2. Expansion of denial of deduction for certain excessive employee remuneration (a) In general (1) Expansion Section 162(m) of the Internal Revenue Code of 1986 is amended— (A) by striking applicable employee remuneration each place it appears in paragraphs (1), (4), and (5)(E) and inserting applicable remuneration , (B) by striking covered employee each place it appears in paragraphs (1) and (4) and inserting covered individual , and (C) by striking employee each place it appears in paragraph (1) and subparagraphs (A), (C)(ii), and (E) of paragraph (4) and inserting individual. (2) Covered individual Paragraph (3) of section 162(m) of such Code is amended to read as follows: (3) Covered individual For purposes of this subsection, the term covered individual means— (A) any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2020, or (B) any employee— (i) who was the principal executive officer or principal financial officer of the taxpayer (or any predecessor) at any time during any preceding taxable year beginning after December 31, 2016, and before January 1, 2021, or who was an individual acting in such a capacity, or (ii) the total compensation of whom for any taxable year described in clause (i) was required to be reported to shareholders under the Securities Exchange Act of 1934 by reason of such individual being among the 3 highest compensated officers for the taxable year (other than any individual described in clause (i)). Such term shall include any employee who would be described in subparagraph (B)(ii) if the reporting described in such subparagraph were required as so described.. (3) Conforming amendments (A) The heading for section 162(m) of the Internal Revenue Code of 1986 is amended by striking employee. (B) The heading for section 162(m)(4) is amended by striking employee. (b) Modification of definition of publicly held corporation Section 162(m)(2) of the Internal Revenue Code of 1986 is amended— (1) by inserting , with respect to any taxable year, after means , and (2) by striking subparagraph (B) and inserting the following: (B) that was required to file reports under section 15(d) of such Act ( 15 U.S.C. 78o(d) ) at any time during the 3-taxable year period ending with such taxable year.. (c) Regulatory authority (1) In general Section 162(m) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Regulations The Secretary may prescribe such guidance, rules, or regulations as are necessary to carry out the purposes of this subsection, including regulations— (A) with respect to reporting, and (B) to prevent avoidance of the purposes of this section by providing compensation through a pass-through or other entity.. (2) Conforming amendment Paragraph (6) of section 162(m) of such Code is amended by striking subparagraph (H). (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
3,169
117s619is
117
s
619
is
To amend title 18, United States Code, to make the murder of a Federal, State, or local law enforcement officer a crime punishable by life in prison or death.
[ { "text": "1. Short title \nThis Act may be cited as the Defending Our Defenders Act.", "id": "id2DB584AEE5DB4C7BBA5B0481972DE895", "header": "Short title" }, { "text": "2. Murder of law enforcement officers \n(a) In general \nChapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. Murder of law enforcement officers \n(a) Federal law enforcement officers \nIn the case of an individual who commits an offense described in section 1111 and the victim of the offense is a Federal law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 )) acting in the course of the official duties of the officer, the individual shall be punished by death or by imprisonment for life. (b) State and local law enforcement officers \nIn the case of an individual who travels in interstate or foreign commerce or uses any facility interstate or foreign commerce, including the mail, telephone, radio, or television, with the intent to commit an offense described in section 1111 or who uses a weapon or instrument that has traveled in interstate or foreign commerce to commit said offense, and the victim of the offense is a State or local law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 )) acting in the course of the official duties of the officer, the individual shall be punished by death or by imprisonment for life. (c) Aggravating factors \nIn determining whether a sentence of death is to be imposed on a defendant convicted of an offense described in subsection (a) or (b), the jury, or if there is no jury, the court, shall consider, in addition to the factors described in section 3592(c), each of the following aggravating factors for which notice has been given and determine which, if any, exist: (1) Intent to ambush \nThe defendant committed the offense by an act of ambush. (2) Prior statements advocating for or promoting violence against law enforcement officers \nThe defendant has a prior history of advocating for or promoting acts of violence, including murder or assault, against a law enforcement officer. (3) Participation in or affiliation with anarchist or other violence promoting organization \nThe defendant is a member of or affiliated with any organization that the Attorney General or other high ranking law enforcement official has determined to be an anarchist, domestic terrorist, or any other organization or group that actively promotes violence or the overthrow of the Federal Government. (4) Occurrence during organized anti-law enforcement officer activity \nThe offense was committed during a time and in a place when there was active organized activity against or targeting law enforcement officers. (5) Attempt to prevent lawful execution of law enforcement duties \nThe defendant committed the offense in attempt to evade or otherwise prevent the law enforcement officer from carrying out a lawful arrest or other lawful authorized law enforcement activity. (6) Prior threats \nThe defendant has personally made prior threats of violence against a law enforcement officer. (d) Rule of construction \nNothing in this section shall be construed as— (1) indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which the State, possession, Commonwealth, or District of Columbia would have jurisdiction in the absence of this section; or (2) depriving State and local law enforcement agencies of responsibility for prosecuting acts that may be violations of this section and that are violations of State or local law.. (b) Table of sections \nThe table of sections for chapter 51 of title 18, United States Code, is amended by inserting after the item relating to section 1122 the following: 1123. Murder of law enforcement officers..", "id": "HDDCDA1EF6AE74181A4D877EFDAD8FE78", "header": "Murder of law enforcement officers" }, { "text": "1123. Murder of law enforcement officers \n(a) Federal law enforcement officers \nIn the case of an individual who commits an offense described in section 1111 and the victim of the offense is a Federal law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 )) acting in the course of the official duties of the officer, the individual shall be punished by death or by imprisonment for life. (b) State and local law enforcement officers \nIn the case of an individual who travels in interstate or foreign commerce or uses any facility interstate or foreign commerce, including the mail, telephone, radio, or television, with the intent to commit an offense described in section 1111 or who uses a weapon or instrument that has traveled in interstate or foreign commerce to commit said offense, and the victim of the offense is a State or local law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 )) acting in the course of the official duties of the officer, the individual shall be punished by death or by imprisonment for life. (c) Aggravating factors \nIn determining whether a sentence of death is to be imposed on a defendant convicted of an offense described in subsection (a) or (b), the jury, or if there is no jury, the court, shall consider, in addition to the factors described in section 3592(c), each of the following aggravating factors for which notice has been given and determine which, if any, exist: (1) Intent to ambush \nThe defendant committed the offense by an act of ambush. (2) Prior statements advocating for or promoting violence against law enforcement officers \nThe defendant has a prior history of advocating for or promoting acts of violence, including murder or assault, against a law enforcement officer. (3) Participation in or affiliation with anarchist or other violence promoting organization \nThe defendant is a member of or affiliated with any organization that the Attorney General or other high ranking law enforcement official has determined to be an anarchist, domestic terrorist, or any other organization or group that actively promotes violence or the overthrow of the Federal Government. (4) Occurrence during organized anti-law enforcement officer activity \nThe offense was committed during a time and in a place when there was active organized activity against or targeting law enforcement officers. (5) Attempt to prevent lawful execution of law enforcement duties \nThe defendant committed the offense in attempt to evade or otherwise prevent the law enforcement officer from carrying out a lawful arrest or other lawful authorized law enforcement activity. (6) Prior threats \nThe defendant has personally made prior threats of violence against a law enforcement officer. (d) Rule of construction \nNothing in this section shall be construed as— (1) indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which the State, possession, Commonwealth, or District of Columbia would have jurisdiction in the absence of this section; or (2) depriving State and local law enforcement agencies of responsibility for prosecuting acts that may be violations of this section and that are violations of State or local law.", "id": "H63B8F56FC2884416AD2D052D11B9EDAE", "header": "Murder of law enforcement officers" } ]
3
1. Short title This Act may be cited as the Defending Our Defenders Act. 2. Murder of law enforcement officers (a) In general Chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. Murder of law enforcement officers (a) Federal law enforcement officers In the case of an individual who commits an offense described in section 1111 and the victim of the offense is a Federal law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 )) acting in the course of the official duties of the officer, the individual shall be punished by death or by imprisonment for life. (b) State and local law enforcement officers In the case of an individual who travels in interstate or foreign commerce or uses any facility interstate or foreign commerce, including the mail, telephone, radio, or television, with the intent to commit an offense described in section 1111 or who uses a weapon or instrument that has traveled in interstate or foreign commerce to commit said offense, and the victim of the offense is a State or local law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 )) acting in the course of the official duties of the officer, the individual shall be punished by death or by imprisonment for life. (c) Aggravating factors In determining whether a sentence of death is to be imposed on a defendant convicted of an offense described in subsection (a) or (b), the jury, or if there is no jury, the court, shall consider, in addition to the factors described in section 3592(c), each of the following aggravating factors for which notice has been given and determine which, if any, exist: (1) Intent to ambush The defendant committed the offense by an act of ambush. (2) Prior statements advocating for or promoting violence against law enforcement officers The defendant has a prior history of advocating for or promoting acts of violence, including murder or assault, against a law enforcement officer. (3) Participation in or affiliation with anarchist or other violence promoting organization The defendant is a member of or affiliated with any organization that the Attorney General or other high ranking law enforcement official has determined to be an anarchist, domestic terrorist, or any other organization or group that actively promotes violence or the overthrow of the Federal Government. (4) Occurrence during organized anti-law enforcement officer activity The offense was committed during a time and in a place when there was active organized activity against or targeting law enforcement officers. (5) Attempt to prevent lawful execution of law enforcement duties The defendant committed the offense in attempt to evade or otherwise prevent the law enforcement officer from carrying out a lawful arrest or other lawful authorized law enforcement activity. (6) Prior threats The defendant has personally made prior threats of violence against a law enforcement officer. (d) Rule of construction Nothing in this section shall be construed as— (1) indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which the State, possession, Commonwealth, or District of Columbia would have jurisdiction in the absence of this section; or (2) depriving State and local law enforcement agencies of responsibility for prosecuting acts that may be violations of this section and that are violations of State or local law.. (b) Table of sections The table of sections for chapter 51 of title 18, United States Code, is amended by inserting after the item relating to section 1122 the following: 1123. Murder of law enforcement officers.. 1123. Murder of law enforcement officers (a) Federal law enforcement officers In the case of an individual who commits an offense described in section 1111 and the victim of the offense is a Federal law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 )) acting in the course of the official duties of the officer, the individual shall be punished by death or by imprisonment for life. (b) State and local law enforcement officers In the case of an individual who travels in interstate or foreign commerce or uses any facility interstate or foreign commerce, including the mail, telephone, radio, or television, with the intent to commit an offense described in section 1111 or who uses a weapon or instrument that has traveled in interstate or foreign commerce to commit said offense, and the victim of the offense is a State or local law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 )) acting in the course of the official duties of the officer, the individual shall be punished by death or by imprisonment for life. (c) Aggravating factors In determining whether a sentence of death is to be imposed on a defendant convicted of an offense described in subsection (a) or (b), the jury, or if there is no jury, the court, shall consider, in addition to the factors described in section 3592(c), each of the following aggravating factors for which notice has been given and determine which, if any, exist: (1) Intent to ambush The defendant committed the offense by an act of ambush. (2) Prior statements advocating for or promoting violence against law enforcement officers The defendant has a prior history of advocating for or promoting acts of violence, including murder or assault, against a law enforcement officer. (3) Participation in or affiliation with anarchist or other violence promoting organization The defendant is a member of or affiliated with any organization that the Attorney General or other high ranking law enforcement official has determined to be an anarchist, domestic terrorist, or any other organization or group that actively promotes violence or the overthrow of the Federal Government. (4) Occurrence during organized anti-law enforcement officer activity The offense was committed during a time and in a place when there was active organized activity against or targeting law enforcement officers. (5) Attempt to prevent lawful execution of law enforcement duties The defendant committed the offense in attempt to evade or otherwise prevent the law enforcement officer from carrying out a lawful arrest or other lawful authorized law enforcement activity. (6) Prior threats The defendant has personally made prior threats of violence against a law enforcement officer. (d) Rule of construction Nothing in this section shall be construed as— (1) indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which the State, possession, Commonwealth, or District of Columbia would have jurisdiction in the absence of this section; or (2) depriving State and local law enforcement agencies of responsibility for prosecuting acts that may be violations of this section and that are violations of State or local law.
7,353
117s344rcs
117
s
344
rcs
To amend title 10, United States Code, to provide for concurrent receipt of veterans’ disability compensation and retired pay for disability retirees with fewer than 20 years of service and a combat-related disability, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Major Richard Star Act.", "id": "idC8DCAFD4ED794A2083490046CACDF713", "header": "Short title" }, { "text": "2. Eligibility of disability retirees with fewer than 20 years of service and a combat-related disability for concurrent receipt of veterans' disability compensation and retired pay \n(a) Concurrent receipt in connection with CSRC \nSection 1413a(b)(3)(B) of title 10, United States Code, is amended by striking creditable service, and all that follows and inserting the following: “creditable service— (i) the retired pay of the retiree is not subject to reduction under sections 5304 and 5305 of title 38; and (ii) no monthly amount shall be paid the retiree under subsection (a).. (b) Concurrent receipt generally \nSection 1414(b)(2) of title 10, United States Code, is amended by striking Subsection (a) and all that follows and inserting the following: “Subsection (a)— (A) applies to a member described in paragraph (1) of that subsection who is retired under chapter 61 of this title with less than 20 years of service otherwise creditable under chapter 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the member's retirement if the member has a combat-related disability (as that term is defined in section 1413a(e) of this title), except that in the application of subsection (a) to such a member, any reference in that subsection to a qualifying service-connected disability shall be deemed to be a reference to that combat-related disability; but (B) does not apply to any member so retired if the member does not have a combat-related disability.. (c) Technical and conforming amendments \n(1) Amendments reflecting end of concurrent receipt phase-in period \nSection 1414 of title 10, United States Code, is further amended— (A) in subsection (a)(1)— (i) by striking the second sentence; and (ii) by striking subparagraphs (A) and (B); (B) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (C) in subsection (d), as redesignated, by striking paragraphs (3) and (4). (2) Section heading \nThe heading of such section 1414 is amended to read as follows: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt \n. (3) Table of sections \nThe table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1414 and inserting the following new item: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt.. (4) Conforming amendment \nSection 1413a(f) of such title is amended by striking Subsection (d) and inserting Subsection (c). (d) Effective date \nThe amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date.", "id": "id062314987C1F454EAD9E085F49023BFA", "header": "Eligibility of disability retirees with fewer than 20 years of service and a combat-related disability for concurrent receipt of veterans' disability compensation and retired pay" }, { "text": "1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt", "id": "H968EE82ED73F4E95B484CA5F128F15C4", "header": "Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt" } ]
3
1. Short title This Act may be cited as the Major Richard Star Act. 2. Eligibility of disability retirees with fewer than 20 years of service and a combat-related disability for concurrent receipt of veterans' disability compensation and retired pay (a) Concurrent receipt in connection with CSRC Section 1413a(b)(3)(B) of title 10, United States Code, is amended by striking creditable service, and all that follows and inserting the following: “creditable service— (i) the retired pay of the retiree is not subject to reduction under sections 5304 and 5305 of title 38; and (ii) no monthly amount shall be paid the retiree under subsection (a).. (b) Concurrent receipt generally Section 1414(b)(2) of title 10, United States Code, is amended by striking Subsection (a) and all that follows and inserting the following: “Subsection (a)— (A) applies to a member described in paragraph (1) of that subsection who is retired under chapter 61 of this title with less than 20 years of service otherwise creditable under chapter 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the member's retirement if the member has a combat-related disability (as that term is defined in section 1413a(e) of this title), except that in the application of subsection (a) to such a member, any reference in that subsection to a qualifying service-connected disability shall be deemed to be a reference to that combat-related disability; but (B) does not apply to any member so retired if the member does not have a combat-related disability.. (c) Technical and conforming amendments (1) Amendments reflecting end of concurrent receipt phase-in period Section 1414 of title 10, United States Code, is further amended— (A) in subsection (a)(1)— (i) by striking the second sentence; and (ii) by striking subparagraphs (A) and (B); (B) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (C) in subsection (d), as redesignated, by striking paragraphs (3) and (4). (2) Section heading The heading of such section 1414 is amended to read as follows: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt . (3) Table of sections The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1414 and inserting the following new item: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt.. (4) Conforming amendment Section 1413a(f) of such title is amended by striking Subsection (d) and inserting Subsection (c). (d) Effective date The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date. 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt
3,070
117s344is
117
s
344
is
To amend title 10, United States Code, to provide for concurrent receipt of veterans’ disability compensation and retired pay for disability retirees with fewer than 20 years of service and a combat-related disability, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Major Richard Star Act.", "id": "idC8DCAFD4ED794A2083490046CACDF713", "header": "Short title" }, { "text": "2. Eligibility of disability retirees with fewer than 20 years of service and a combat-related disability for concurrent receipt of veterans' disability compensation and retired pay \n(a) Concurrent receipt in connection with CSRC \nSection 1413a(b)(3)(B) of title 10, United States Code, is amended by striking creditable service, and all that follows and inserting the following: “creditable service— (i) the retired pay of the retiree is not subject to reduction under sections 5304 and 5305 of title 38; and (ii) no monthly amount shall be paid the retiree under subsection (a).. (b) Concurrent receipt generally \nSection 1414(b)(2) of title 10, United States Code, is amended by striking Subsection (a) and all that follows and inserting the following: “Subsection (a)— (A) applies to a member described in paragraph (1) of that subsection who is retired under chapter 61 of this title with less than 20 years of service otherwise creditable under chapter 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the member's retirement if the member has a combat-related disability (as that term is defined in section 1413a(e) of this title), except that in the application of subsection (a) to such a member, any reference in that subsection to a qualifying service-connected disability shall be deemed to be a reference to that combat-related disability; but (B) does not apply to any member so retired if the member does not have a combat-related disability.. (c) Technical and conforming amendments \n(1) Amendments reflecting end of concurrent receipt phase-in period \nSection 1414 of title 10, United States Code, is further amended— (A) in subsection (a)(1)— (i) by striking the second sentence; and (ii) by striking subparagraphs (A) and (B); (B) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (C) in subsection (d), as redesignated, by striking paragraphs (3) and (4). (2) Section heading \nThe heading of such section 1414 is amended to read as follows: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt \n. (3) Table of sections \nThe table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1414 and inserting the following new item: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt.. (4) Conforming amendment \nSection 1413a(f) of such title is amended by striking Subsection (d) and inserting Subsection (c). (d) Effective date \nThe amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date.", "id": "id062314987C1F454EAD9E085F49023BFA", "header": "Eligibility of disability retirees with fewer than 20 years of service and a combat-related disability for concurrent receipt of veterans' disability compensation and retired pay" }, { "text": "1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt", "id": "H968EE82ED73F4E95B484CA5F128F15C4", "header": "Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt" } ]
3
1. Short title This Act may be cited as the Major Richard Star Act. 2. Eligibility of disability retirees with fewer than 20 years of service and a combat-related disability for concurrent receipt of veterans' disability compensation and retired pay (a) Concurrent receipt in connection with CSRC Section 1413a(b)(3)(B) of title 10, United States Code, is amended by striking creditable service, and all that follows and inserting the following: “creditable service— (i) the retired pay of the retiree is not subject to reduction under sections 5304 and 5305 of title 38; and (ii) no monthly amount shall be paid the retiree under subsection (a).. (b) Concurrent receipt generally Section 1414(b)(2) of title 10, United States Code, is amended by striking Subsection (a) and all that follows and inserting the following: “Subsection (a)— (A) applies to a member described in paragraph (1) of that subsection who is retired under chapter 61 of this title with less than 20 years of service otherwise creditable under chapter 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the member's retirement if the member has a combat-related disability (as that term is defined in section 1413a(e) of this title), except that in the application of subsection (a) to such a member, any reference in that subsection to a qualifying service-connected disability shall be deemed to be a reference to that combat-related disability; but (B) does not apply to any member so retired if the member does not have a combat-related disability.. (c) Technical and conforming amendments (1) Amendments reflecting end of concurrent receipt phase-in period Section 1414 of title 10, United States Code, is further amended— (A) in subsection (a)(1)— (i) by striking the second sentence; and (ii) by striking subparagraphs (A) and (B); (B) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (C) in subsection (d), as redesignated, by striking paragraphs (3) and (4). (2) Section heading The heading of such section 1414 is amended to read as follows: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt . (3) Table of sections The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1414 and inserting the following new item: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt.. (4) Conforming amendment Section 1413a(f) of such title is amended by striking Subsection (d) and inserting Subsection (c). (d) Effective date The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date. 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt
3,070
117s1290is
117
s
1,290
is
To assist communities affected by stranded nuclear waste, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Sensible, Timely Relief for America's Nuclear Districts' Economic Development Act of 2021 or the STRANDED Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) in 1982, Congress authorized the Secretary of Energy and the Chairman of the Nuclear Regulatory Commission to safely manage and dispose of the most highly radioactive nuclear waste of the United States, a responsibility that includes— (A) removing spent nuclear fuel from commercial nuclear power plants for a fee; and (B) transporting the spent fuel to— (i) a permanent geological repository; or (ii) an interim storage facility before permanent disposal; (2) for more than 30 years, nuclear power plants have operated in good faith that the Federal Government would establish a permanent geological repository; (3) communities affected by stranded nuclear waste are in fact interim nuclear waste storage sites; (4) the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq.)— (A) directed the Secretary to make annual impact assistance payments to States or appropriate units of local government to mitigate the social and economic impacts of the establishment and operation of interim nuclear waste storage capacity within the jurisdictional boundaries of an affected community; and (B) established the rate for impact assistance payments at $15 per kilogram of spent nuclear fuel; (5) decommissioning a commercial nuclear power plant is often catastrophic for the host community because nuclear power plants are major employers and the primary source of local tax revenue; (6) stranded nuclear waste is a profound obstacle to future economic growth, deterring potential employers and residents from considering the host community; (7) stranded nuclear waste prevents economic development in communities in which the stranded nuclear waste is located; and (8) it is critical to provide resources to communities that— (A) are challenged by stranded nuclear waste; or (B) will be challenged by stranded nuclear waste during the 10-year period beginning on the date of enactment of this Act.", "id": "id7869F2253B18400A8057A445F7EE5CEC", "header": "Findings" }, { "text": "3. Definitions \nIn this Act: (1) Academy \nThe term Academy means the National Academy of Sciences. (2) Affected community \nThe term affected community means a unit of local government, including a county, city, town, village, school district, or special district, that contains stranded nuclear waste within the boundaries of the unit of local government, as determined by the Secretary. (3) Eligible civilian nuclear power plant \nThe term eligible civilian nuclear power plant means a nuclear power plant that— (A) has been decommissioned; or (B) is in the process of being decommissioned. (4) Secretary \nThe term Secretary means the Secretary of Energy. (5) Stranded nuclear waste \nThe term stranded nuclear waste means nuclear waste or spent nuclear fuel stored in dry casks or spent fuel pools at a decommissioned or decommissioning nuclear facility.", "id": "idCAAF3DDCD5ED4B72B13F015C7ADCAF3D", "header": "Definitions" }, { "text": "4. Innovative solutions prize competition \n(a) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) a competitive prize competition (referred to in this section as the prize competition ) to award prizes for proposals for affected communities to carry out alternatives to nuclear facilities, generating sites, and waste sites. (b) Prize board \n(1) Establishment \nThere is established an advisory board (referred to in this section as the Board ) to advise the Secretary on— (A) the design and implementation of the prize competition; and (B) the development of each pilot project under subsection (d). (2) Composition \nThe Board shall be composed of not fewer than 9 members appointed by the Secretary— (A) who shall provide expertise in— (i) nuclear waste; (ii) workforce issues; (iii) technology development; and (iv) economic development; and (B) who may include representatives from— (i) the National Laboratories; (ii) nonprofit organizations; and (iii) institutions of higher education. (c) Award amount \nAn award under the prize competition shall be in the amount of $500,000. (d) Pilot project \n(1) In general \nThe Secretary, in consultation with the Board, shall develop a pilot project based on each proposal for which a prize is awarded under the prize competition. (2) Funding \nOf the amounts made available under section 8, the Secretary may use $500,000 to carry out each pilot project under paragraph (1). (e) Report \nNot later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the proposal for which the prize was awarded.", "id": "id3FBFF7FF9A6F4D1DAF834B7796255619", "header": "Innovative solutions prize competition" }, { "text": "5. Stranded Nuclear Waste Task Force \n(a) Establishment \nThe Secretary shall establish a task force, to be known as the Stranded Nuclear Waste Task Force — (1) to conduct a study on existing public and private resources and funding for which affected communities may be eligible; and (2) to develop immediate and long-term economic adjustment plans tailored to the needs of each affected community. (b) Study \nNot later than 180 days after the date of enactment of this Act, the Stranded Nuclear Waste Task Force shall complete and submit to Congress the study described in subsection (a).", "id": "id380768E959F94691804C8A49CBFF9077", "header": "Stranded Nuclear Waste Task Force" }, { "text": "6. Economic impact grants \n(a) Establishment \nNot later than 60 days after the date of enactment of this Act, the Secretary shall establish and carry out a noncompetitive grant program to provide financial assistance to units of local government within the jurisdictional boundary of which an eligible civilian nuclear power plant is located to offset the economic and social impacts of stranded nuclear waste in affected communities. (b) Eligibility \nA unit of local government that is an affected community shall be eligible to receive a grant under this section for a fiscal year. (c) Awards \n(1) Amount \nThe amount of a grant awarded under subsection (a) shall be equal to $15 for each kilogram of spent nuclear fuel stored at the eligible civilian nuclear power plant in the affected community. (2) Number and frequency \nWith respect to each eligible civilian nuclear power plant, the Secretary may only award 1 grant under subsection (a) to each eligible unit of local government for each fiscal year.", "id": "id8F4A093A488D470F9ABA608C6A2B262D", "header": "Economic impact grants" }, { "text": "7. Annual report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter through fiscal year 2026, the Secretary shall submit to Congress a report that— (1) describes and evaluates the progress and effectiveness of— (A) the prize competition established under section 4(a); (B) each pilot project established under section 4(d); and (C) the grant program established under section 6(a); and (2) provides recommendations for legislative, regulatory, or other changes to improve the prize competition, pilot projects, or grant program described in paragraph (1), as applicable.", "id": "id6AC274FEA58F43BBA42E94C22FF461D4", "header": "Annual report" }, { "text": "8. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to the Secretary to carry out this Act $175,000,000 for each of fiscal years 2022 through 2026. (b) No offset \nNone of the funds made available under this section may be used to offset the funding for any other Federal program.", "id": "idF15D57C0F9F446CD98F62CFDF89A5199", "header": "Authorization of appropriations" } ]
8
1. Short title This Act may be cited as the Sensible, Timely Relief for America's Nuclear Districts' Economic Development Act of 2021 or the STRANDED Act of 2021. 2. Findings Congress finds that— (1) in 1982, Congress authorized the Secretary of Energy and the Chairman of the Nuclear Regulatory Commission to safely manage and dispose of the most highly radioactive nuclear waste of the United States, a responsibility that includes— (A) removing spent nuclear fuel from commercial nuclear power plants for a fee; and (B) transporting the spent fuel to— (i) a permanent geological repository; or (ii) an interim storage facility before permanent disposal; (2) for more than 30 years, nuclear power plants have operated in good faith that the Federal Government would establish a permanent geological repository; (3) communities affected by stranded nuclear waste are in fact interim nuclear waste storage sites; (4) the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq.)— (A) directed the Secretary to make annual impact assistance payments to States or appropriate units of local government to mitigate the social and economic impacts of the establishment and operation of interim nuclear waste storage capacity within the jurisdictional boundaries of an affected community; and (B) established the rate for impact assistance payments at $15 per kilogram of spent nuclear fuel; (5) decommissioning a commercial nuclear power plant is often catastrophic for the host community because nuclear power plants are major employers and the primary source of local tax revenue; (6) stranded nuclear waste is a profound obstacle to future economic growth, deterring potential employers and residents from considering the host community; (7) stranded nuclear waste prevents economic development in communities in which the stranded nuclear waste is located; and (8) it is critical to provide resources to communities that— (A) are challenged by stranded nuclear waste; or (B) will be challenged by stranded nuclear waste during the 10-year period beginning on the date of enactment of this Act. 3. Definitions In this Act: (1) Academy The term Academy means the National Academy of Sciences. (2) Affected community The term affected community means a unit of local government, including a county, city, town, village, school district, or special district, that contains stranded nuclear waste within the boundaries of the unit of local government, as determined by the Secretary. (3) Eligible civilian nuclear power plant The term eligible civilian nuclear power plant means a nuclear power plant that— (A) has been decommissioned; or (B) is in the process of being decommissioned. (4) Secretary The term Secretary means the Secretary of Energy. (5) Stranded nuclear waste The term stranded nuclear waste means nuclear waste or spent nuclear fuel stored in dry casks or spent fuel pools at a decommissioned or decommissioning nuclear facility. 4. Innovative solutions prize competition (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) a competitive prize competition (referred to in this section as the prize competition ) to award prizes for proposals for affected communities to carry out alternatives to nuclear facilities, generating sites, and waste sites. (b) Prize board (1) Establishment There is established an advisory board (referred to in this section as the Board ) to advise the Secretary on— (A) the design and implementation of the prize competition; and (B) the development of each pilot project under subsection (d). (2) Composition The Board shall be composed of not fewer than 9 members appointed by the Secretary— (A) who shall provide expertise in— (i) nuclear waste; (ii) workforce issues; (iii) technology development; and (iv) economic development; and (B) who may include representatives from— (i) the National Laboratories; (ii) nonprofit organizations; and (iii) institutions of higher education. (c) Award amount An award under the prize competition shall be in the amount of $500,000. (d) Pilot project (1) In general The Secretary, in consultation with the Board, shall develop a pilot project based on each proposal for which a prize is awarded under the prize competition. (2) Funding Of the amounts made available under section 8, the Secretary may use $500,000 to carry out each pilot project under paragraph (1). (e) Report Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the proposal for which the prize was awarded. 5. Stranded Nuclear Waste Task Force (a) Establishment The Secretary shall establish a task force, to be known as the Stranded Nuclear Waste Task Force — (1) to conduct a study on existing public and private resources and funding for which affected communities may be eligible; and (2) to develop immediate and long-term economic adjustment plans tailored to the needs of each affected community. (b) Study Not later than 180 days after the date of enactment of this Act, the Stranded Nuclear Waste Task Force shall complete and submit to Congress the study described in subsection (a). 6. Economic impact grants (a) Establishment Not later than 60 days after the date of enactment of this Act, the Secretary shall establish and carry out a noncompetitive grant program to provide financial assistance to units of local government within the jurisdictional boundary of which an eligible civilian nuclear power plant is located to offset the economic and social impacts of stranded nuclear waste in affected communities. (b) Eligibility A unit of local government that is an affected community shall be eligible to receive a grant under this section for a fiscal year. (c) Awards (1) Amount The amount of a grant awarded under subsection (a) shall be equal to $15 for each kilogram of spent nuclear fuel stored at the eligible civilian nuclear power plant in the affected community. (2) Number and frequency With respect to each eligible civilian nuclear power plant, the Secretary may only award 1 grant under subsection (a) to each eligible unit of local government for each fiscal year. 7. Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter through fiscal year 2026, the Secretary shall submit to Congress a report that— (1) describes and evaluates the progress and effectiveness of— (A) the prize competition established under section 4(a); (B) each pilot project established under section 4(d); and (C) the grant program established under section 6(a); and (2) provides recommendations for legislative, regulatory, or other changes to improve the prize competition, pilot projects, or grant program described in paragraph (1), as applicable. 8. Authorization of appropriations (a) In general There is authorized to be appropriated to the Secretary to carry out this Act $175,000,000 for each of fiscal years 2022 through 2026. (b) No offset None of the funds made available under this section may be used to offset the funding for any other Federal program.
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To limit funding for the World Health Organization, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the World Health Organization Accountability Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Finding \nCongress finds that, in response to the World Health Organization's denial that Taiwan ever alerted the organization to the possibility of human-to-human transmission of COVID–19, the Central Epidemic Command Center made the following statement on April 11, 2020: (1) The Taiwan Centers for Disease Control (Taiwan CDC) learned from online sources that there had been at least seven cases of atypical pneumonia in Wuhan, China. In China, the term atypical pneumonia is commonly used to refer to SARS, a disease transmitted between humans caused by coronavirus. (2) Owing to its experience with the SARS epidemic in 2003, Taiwan vigilantly kept track of information about the new outbreak. On December 31, 2019, Taiwan sent an email to the International Health Regulations (IHR) focal point under the World Health Organization (WHO), informing WHO of its understanding of the disease and also requesting further information from WHO. Given the lack of clarity at the time, as well as the many rumors that were circulating, Taiwan’s aim was to ensure that all relevant parties remained alert, especially since the outbreak occurred just before the Lunar New Year holiday, which typically sees tremendous amounts of travel. To be prudent, in the email we took pains to refer to atypical pneumonia, and specifically noted that patients had been isolated for treatment. Public health professionals could discern from this wording that there was a real possibility of human-to-human transmission of the disease. However, because at the time there were as yet no cases of the disease in Taiwan, we could not state directly and conclusively that there had been human-to-human transmission. (3) The Taiwan CDC also contacted the Chinese Center for Disease Control and Prevention in a bid to obtain more information. However, in response to our inquiries, the WHO IHR focal point only responded with a short message stating that Taiwan’s information had been forwarded to expert colleagues; China provided only a press release. (4) Even though Taiwan strongly suspected that human-to-human transmission of the disease was already occurring at the time, we were unable to gain confirmation through existing channels. Therefore, on the day the aforementioned email was sent to WHO, the Taiwan government activated enhanced border control and quarantine measures based on the assumption that human-to-human transmission was in fact occurring. These measures included screening passengers on flights from Wuhan prior to disembarkation. (5) In mid-January, the Taiwan CDC dispatched experts to Wuhan to gain a better understanding of the epidemic, the control measures taken there, and patients’ exposure history. Based on preliminary research, Taiwan determined that this form of pneumonia could indeed spread via human-to-human transmission..", "id": "id7A1CC455CE55499FBB8A78A9E71EAEB0", "header": "Finding" }, { "text": "3. Restriction on World Health Organization funding \n(a) In general \nNo funds may be provided as an assessed or voluntary contribution to the World Health Organization (WHO) until— (1) the World Health Organization replaces all of the top leadership of the organization that was in place as of January 1, 2020, including the positions set forth in subsection (b); and (2) Taiwan is accepted as a Member State of the World Health Organization. (b) Covered positions \nThe positions referred to in subsection (a)(1) are as follows: (1) WHO Director-General. (2) WHO Deputy Director-General. (3) Chef de Cabinet. (4) Executive Director for External Relations and Governance. (5) Executive Director, WHO Health Emergencies Programme. (6) Chief Scientist. (7) Senior Advisor to the Director-General, Organizational Change. (8) Special Advisor to the Director-General. (9) Assistant Director-General, Special Advisor to the Director-General, Strategic Priorities. (10) Assistant Director-General, Universal Health Coverage/Healthier Populations. (11) Assistant Director-General, Business Operations. (12) Assistant Director-General, WHO’s office at the United Nations in New York. (13) Assistant Director-General, Access to Medicines and Health Products. (14) Assistant Director-General, Universal Health Coverage/Communicable and Noncommunicable Diseases. (15) Assistant Director-General, Emergency Preparedness and International Health Regulations. (16) Assistant-Director General, Strategic Initiatives. (17) Assistant Director-General, Emergency Response. (18) Director-General’s Envoy for Multilateral Affairs. (19) Assistant Director-General, Antimicrobial Resistance. (20) Assistant Director-General, for Data, Analytics and Delivery. (21) WHO Regional Director for Africa. (22) WHO Regional Director for the Americas. (23) WHO Regional Director for South-East Asia. (24) WHO Regional Director for Europe. (25) WHO Regional Director for the Eastern Mediterranean. (26) WHO Regional Director for the Western Pacific. (c) Limitation \nNo funds may be provided as a United States assessed or voluntary contribution to the World Health Organization in a fiscal year in excess of the amount contributed by any other Member State of the organization during such fiscal year.", "id": "idB6818A87D68345C9ABB897A134C1A459", "header": "Restriction on World Health Organization funding" } ]
3
1. Short title This Act may be cited as the World Health Organization Accountability Act of 2021. 2. Finding Congress finds that, in response to the World Health Organization's denial that Taiwan ever alerted the organization to the possibility of human-to-human transmission of COVID–19, the Central Epidemic Command Center made the following statement on April 11, 2020: (1) The Taiwan Centers for Disease Control (Taiwan CDC) learned from online sources that there had been at least seven cases of atypical pneumonia in Wuhan, China. In China, the term atypical pneumonia is commonly used to refer to SARS, a disease transmitted between humans caused by coronavirus. (2) Owing to its experience with the SARS epidemic in 2003, Taiwan vigilantly kept track of information about the new outbreak. On December 31, 2019, Taiwan sent an email to the International Health Regulations (IHR) focal point under the World Health Organization (WHO), informing WHO of its understanding of the disease and also requesting further information from WHO. Given the lack of clarity at the time, as well as the many rumors that were circulating, Taiwan’s aim was to ensure that all relevant parties remained alert, especially since the outbreak occurred just before the Lunar New Year holiday, which typically sees tremendous amounts of travel. To be prudent, in the email we took pains to refer to atypical pneumonia, and specifically noted that patients had been isolated for treatment. Public health professionals could discern from this wording that there was a real possibility of human-to-human transmission of the disease. However, because at the time there were as yet no cases of the disease in Taiwan, we could not state directly and conclusively that there had been human-to-human transmission. (3) The Taiwan CDC also contacted the Chinese Center for Disease Control and Prevention in a bid to obtain more information. However, in response to our inquiries, the WHO IHR focal point only responded with a short message stating that Taiwan’s information had been forwarded to expert colleagues; China provided only a press release. (4) Even though Taiwan strongly suspected that human-to-human transmission of the disease was already occurring at the time, we were unable to gain confirmation through existing channels. Therefore, on the day the aforementioned email was sent to WHO, the Taiwan government activated enhanced border control and quarantine measures based on the assumption that human-to-human transmission was in fact occurring. These measures included screening passengers on flights from Wuhan prior to disembarkation. (5) In mid-January, the Taiwan CDC dispatched experts to Wuhan to gain a better understanding of the epidemic, the control measures taken there, and patients’ exposure history. Based on preliminary research, Taiwan determined that this form of pneumonia could indeed spread via human-to-human transmission.. 3. Restriction on World Health Organization funding (a) In general No funds may be provided as an assessed or voluntary contribution to the World Health Organization (WHO) until— (1) the World Health Organization replaces all of the top leadership of the organization that was in place as of January 1, 2020, including the positions set forth in subsection (b); and (2) Taiwan is accepted as a Member State of the World Health Organization. (b) Covered positions The positions referred to in subsection (a)(1) are as follows: (1) WHO Director-General. (2) WHO Deputy Director-General. (3) Chef de Cabinet. (4) Executive Director for External Relations and Governance. (5) Executive Director, WHO Health Emergencies Programme. (6) Chief Scientist. (7) Senior Advisor to the Director-General, Organizational Change. (8) Special Advisor to the Director-General. (9) Assistant Director-General, Special Advisor to the Director-General, Strategic Priorities. (10) Assistant Director-General, Universal Health Coverage/Healthier Populations. (11) Assistant Director-General, Business Operations. (12) Assistant Director-General, WHO’s office at the United Nations in New York. (13) Assistant Director-General, Access to Medicines and Health Products. (14) Assistant Director-General, Universal Health Coverage/Communicable and Noncommunicable Diseases. (15) Assistant Director-General, Emergency Preparedness and International Health Regulations. (16) Assistant-Director General, Strategic Initiatives. (17) Assistant Director-General, Emergency Response. (18) Director-General’s Envoy for Multilateral Affairs. (19) Assistant Director-General, Antimicrobial Resistance. (20) Assistant Director-General, for Data, Analytics and Delivery. (21) WHO Regional Director for Africa. (22) WHO Regional Director for the Americas. (23) WHO Regional Director for South-East Asia. (24) WHO Regional Director for Europe. (25) WHO Regional Director for the Eastern Mediterranean. (26) WHO Regional Director for the Western Pacific. (c) Limitation No funds may be provided as a United States assessed or voluntary contribution to the World Health Organization in a fiscal year in excess of the amount contributed by any other Member State of the organization during such fiscal year.
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To reauthorize programs of the Economic Development Administration, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Increasing our Nation's Value through Economic Support and Tourism in Our Communities Act or the INVEST in Our Communities Act.", "id": "S1", "header": "Short title" }, { "text": "2. Administration \n(a) In general \nSection 501 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3191 ) is amended by striking Assistant Secretary each place it appears and inserting Under Secretary. (b) Transition \nThe individual serving as the Assistant Secretary of Commerce for Economic Development on the day before the date of enactment of this Act shall be deemed to have been confirmed as the Under Secretary of Commerce for Economic Development. (c) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Assistant Secretary of Commerce for Economic Development shall be deemed to be a reference to the Under Secretary of Commerce for Economic Development.", "id": "idB145EBE0CEBF434FAFFF071214A82E64", "header": "Administration" }, { "text": "3. Definition of eligible recipient \nSection 3(4) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122(4) is amended by adding at the end the following: (C) Capacity building grants and HOST grants \nIn the case of grants under sections 208 and 219, the term eligible recipient also includes a tribal organization and a Native Hawaiian organization (as those terms are defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 ))..", "id": "id66EC7110CEAE497F9F1A385F863AAB7F", "header": "Definition of eligible recipient" }, { "text": "4. Increase in Federal share for Tribal organizations and Native Hawaiian organizations \nSection 204(c)(1) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c)(1) ) is amended— (1) in the paragraph heading, by inserting , Tribal organizations, or Native Hawaiian organizations after tribes ; and (2) by inserting , a tribal organization (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), or a Native Hawaiian organization (as defined in that section) after Indian tribe.", "id": "id14D99208AA094266B5DC020FB75A83D1", "header": "Increase in Federal share for Tribal organizations and Native Hawaiian organizations" }, { "text": "5. Capacity building grant program \n(a) In general \nTitle II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by inserting after section 207 the following: 208. Capacity building grant program \n(a) Definition of predevelopment activity \nIn this section, the term predevelopment activity means an activity carried out before a project can proceed to the execution stage or the eligible recipient can secure financing and partners. (b) Establishment \nThe Secretary shall establish a program to provide to eligible recipients assistance for predevelopment activities. (c) Use of funds \nAn eligible recipient may use funds from a grant under this section— (1) to carry out certain predevelopment activities, including— (A) planning and community asset mapping; (B) training; (C) technical assistance and organizational development; (D) feasibility and market studies; (E) demonstration projects; (F) organizational capacity building; (G) organizing and facilitating convenings; and (H) other predevelopment activities, as determined appropriate by the Secretary; and (2) to hire and obtain qualified economic development professionals and services for a 3-year period to develop and carry out a comprehensive economic development strategy, an economic development strategic plan, or other predevelopment activities. (d) Applications \nTo be eligible for a grant under this section, an eligible recipient shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a specific plan— (1) on how the eligible recipient will carry out predevelopment activities using grant funds; and (2) for the continuation of the position created or services obtained as a result of the grant after the end of the 3-year term, if applicable. (e) Waiver of attorney's and consultant's fee prohibition \nIn the case of a project under this section that is carried out using grant funds by 1 or more eligible recipients with low organizational capacity, in the determination of the Secretary, the Secretary may waive the prohibition described in section 213.. (b) Additional eligibility \n(1) Grants for public works and economic development \nSection 201(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141(a) ) is amended— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) predevelopment activities (as defined in section 208(a)).. (2) Grants for economic adjustment \nSection 209(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149(a) ) is amended by inserting predevelopment activities (as defined in section 208(a)), after training,. (3) Conforming amendment \nSection 302(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3162(a) ) is amended in the matter preceding paragraph (1) by inserting and predevelopment activities (as defined in section 208(a)) under section 201 or 209 after section 209. (c) Increase in Federal share \nSection 204(c)(3) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c)(3) ) is amended— (1) in the paragraph heading, by inserting and capacity building after technical assistance ; and (2) by striking section 207 and inserting sections 207 and 208. (d) Direct expenditure or redistribution by recipient \nSection 217(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3154c(a) ) is amended by striking or 207 and inserting 207, or 208. (e) Powers of the Secretary \nSection 601(a)(12) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3211(a)(12) ) is amended by striking section 207 and inserting sections 207 and 208. (f) Clerical amendment \nThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1761) is amended by inserting after the item relating to section 207 the following: Sec. 208. Capacity building grant program..", "id": "id9D012790191D4BA6BAB3634B92AAF8BD", "header": "Capacity building grant program" }, { "text": "208. Capacity building grant program \n(a) Definition of predevelopment activity \nIn this section, the term predevelopment activity means an activity carried out before a project can proceed to the execution stage or the eligible recipient can secure financing and partners. (b) Establishment \nThe Secretary shall establish a program to provide to eligible recipients assistance for predevelopment activities. (c) Use of funds \nAn eligible recipient may use funds from a grant under this section— (1) to carry out certain predevelopment activities, including— (A) planning and community asset mapping; (B) training; (C) technical assistance and organizational development; (D) feasibility and market studies; (E) demonstration projects; (F) organizational capacity building; (G) organizing and facilitating convenings; and (H) other predevelopment activities, as determined appropriate by the Secretary; and (2) to hire and obtain qualified economic development professionals and services for a 3-year period to develop and carry out a comprehensive economic development strategy, an economic development strategic plan, or other predevelopment activities. (d) Applications \nTo be eligible for a grant under this section, an eligible recipient shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a specific plan— (1) on how the eligible recipient will carry out predevelopment activities using grant funds; and (2) for the continuation of the position created or services obtained as a result of the grant after the end of the 3-year term, if applicable. (e) Waiver of attorney's and consultant's fee prohibition \nIn the case of a project under this section that is carried out using grant funds by 1 or more eligible recipients with low organizational capacity, in the determination of the Secretary, the Secretary may waive the prohibition described in section 213.", "id": "idC4A34BBCD1F64B8DBE1035D0804F433E", "header": "Capacity building grant program" }, { "text": "6. Grants for planning and grants for administrative expenses \n(a) Administrative expenses \nSection 203 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3143 ) is amended by adding at the end the following: (e) Administrative expenses \nAdministrative expenses described in subsection (a) shall include expenses relating to— (1) carrying out the planning process described in subsection (b); and (2) hiring professional staff to assist communities or organizations in— (A) implementing projects and priorities included in— (i) a comprehensive economic development strategy; or (ii) an economic development planning grant; (B) identifying and using other Federal, State, and Tribal economic development programs; (C) leveraging private and philanthropic investment; (D) preparing disaster coordination and preparation plans; (E) collaborating with trade adjustment assistance centers, Hollings Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology, Business Centers and Rural Business Centers of the Minority Business Development Agency, and other relevant Federal economic development technical assistance and service providers to promote domestic manufacturing; and (F) carrying out economic development activities in accordance with professional economic development best practices.. (b) Increase in Federal share \nSection 204(c) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c) ) is amended by adding at the end the following: (4) Grants for planning and grants for administrative expenses \nIn the case of a grant provided under section 203, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 80 percent of the cost of the project..", "id": "idE5278C85B3104EA9A46AEB2D071CCECC", "header": "Grants for planning and grants for administrative expenses" }, { "text": "7. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants \n(a) In general \nTitle II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 219. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants \n(a) Definitions \nIn this section: (1) Outdoor recreation \nThe term outdoor recreation means all recreational activities, and the economic drivers of those activities, such as businesses and local economic efforts, undertaken for pleasure that— (A) generally involve some level of intentional physical exertion; and (B) occur in nature-based environments outdoors. (2) Tourism, hospitality, or special event activity \nThe term tourism, hospitality, or special event activity means any economic activity that primarily serves to encourage recreational or business travel within the United States or from abroad, including tourist attractions, business and recreational conventions, large entertainment events and venues, and promotion or organization of any such activity. (b) Establishment \nThe Secretary shall establish a program to provide grants to eligible recipients to support outdoor recreation, travel, and tourism, hospitality, or special event activities to spur economic development. (c) Goals \nA project carried out with a grant under this section shall be carried out for the goal of— (1) in the case of an infrastructure project— (A) leading to long-term increases in tourist activity in a region, including in communities adjacent to National Park System units, State parks, national marine sanctuaries, National Heritage Areas, Tribal parks, or other natural destinations; and (B) using nature-based infrastructure projects and other projects intended to enhance public access to outdoor recreation opportunities; and (2) in the case of other projects as determined appropriate by the Secretary, supporting the outdoor recreation, travel, tourism, hospitality, and special event industries, in a manner consistent with the National Travel and Tourism Strategy or as recommended by the United States Travel and Tourism Advisory Board, if any. (d) Eligible uses \n(1) In general \nA grant under this section may be used— (A) to pay costs associated with obtaining State, Tribal, county, city, community, or regional tourism marketing and promotion campaigns, including through nonprofit or quasigovernmental Destination Marketing Organizations (DMOs); (B) to carry out workforce training, recruitment, and research programs that support the outdoor recreation, travel, tourism, hospitality, and special event industries to improve the skills of, and job opportunities for, workers in those industries, including through a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ), and other work and learn models; (C) for short-term and long-term economic development planning and coordination for the purpose of responding to the effects of the COVID–19 pandemic on the regional outdoor recreation, travel, tourism, hospitality, and special event industries; (D) to carry out technical assistance projects, including for small business concerns, entrepreneurs, and small and rural communities, to assist regional economies in— (i) the recovery from, and response to, damage to the outdoor recreation, travel, tourism, hospitality, and special event industries as a result of the COVID–19 pandemic; and (ii) future development of the outdoor recreation, travel, tourism, hospitality, and special event industries; (E) to establish local programs to provide assistance to small business concerns in the outdoor recreation, travel, tourism, hospitality, or special events industries— (i) for development; (ii) to recover from the impacts of a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) or a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); or (iii) for expansion; (F) to carry out construction activities at facilities or property owned by, or held in trust by a Federal or State government entity for, the eligible recipient that support outdoor recreation, travel, tourism, hospitality, or special events, including activities involving— (i) construction of new, or improvements to existing, outdoor recreation and trail infrastructure, including public access enhancements to that infrastructure; (ii) nature-based infrastructure projects to improve access to outdoor recreation; (iii) improvement of cultural, arts, convention, special event, outdoor recreation, and tourism facilities, such as visitor or tourist information centers, including through— (I) general accessibility upgrades, such as increasing disability access; (II) improving ventilation, heating, and cooling systems; (III) increasing energy efficiency; and (IV) incorporating additional renewable energy generation associated with that infrastructure, including zero-emission vehicle fleets and charging infrastructure; (iv) construction of workforce training facilities in order to carry out capacity building programs; (v) water or wastewater and stormwater improvements; (vi) pier construction and improvements; and (vii) accessibility enhancements; (G) to pay costs associated with upgrades and retrofits to existing outdoor recreation, travel, tourism, hospitality, and special event infrastructure, such as convention centers, to increase travel and tourism activity or to make the infrastructure more functional under social distancing conditions due to a public health emergency declaration under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (H) to pay costs associated with providing information to visitors about the health and safety protections, guidance, or requirements of Federal, State, Tribal, or local governments and businesses to reduce the spread of COVID–19; (I) to pay the increased costs of filtration and sanitation, including physical modifications to facilities such as convention centers, large event spaces, campsites, or community attractions associated with precautions to provide for safe worker, traveler, or event environments; and (J) to pay the costs of salaries and expenses associated with the operations of the eligible recipient, other than salaries and expenses of the executives of the eligible recipient, if the applicant— (i) demonstrates the capacity to maintain the positions for which the funds are used; or (ii) demonstrates that the positions for which the funds are used are temporary or seasonal. (2) Prohibition \nAmounts provided under this section may not be used for recruitment efforts to bring in or host particular events, such as sporting competitions or other activities. (e) Priority \nThe Secretary shall give priority to eligible recipients that seek to carry out an activity that— (1) is based on long-term, regionally oriented, coordinated, and collaborative economic development or redevelopment strategies that foster economic growth and resilience; (2) will promote workforce development; (3) will involve a minority-owned, rural, Native American, or otherwise underserved small business concern; or (4) implements strong labor standards, including project labor agreements and community benefit agreements that include local hire provisions to promote effective and efficient delivery of high-quality infrastructure projects. (f) Regional distribution \n(1) In general \nIn providing grants under this section, the Secretary shall distribute the funds to eligible recipients in each region served by the Economic Development Administration in accordance with the formula described in paragraph (2)(A). (2) Formula \n(A) In general \nThe formula referred to in paragraph (1) shall include consideration of each of the following: (i) Using the most recent data from the Quarterly Census of Employment and Wages and the Current Employment Statistics, employment in the leisure and hospitality sectors (other than food service businesses) as a percentage of total employment in States in the region, using a 5-year average. (ii) Using the most recent data from the Arts and Cultural Production and Outdoor Recreation Satellite Account, employment in arts and cultural production and outdoor recreation as a percentage of total employment in States in the region, using a 5-year average. (iii) The number of international and domestic visitors in States in the region, using data from the Department or another source as the Secretary determines to be appropriate. (iv) The impacts of the COVID–19 pandemic, and other natural or economic disasters, on the outdoor recreation, travel, tourism, hospitality, or special event industries in States in the region. (v) Any other data that the Secretary determines reliably measures the impact of outdoor recreation, travel, tourism, hospitality, or special events to the economy of a State. (B) Out of date, discontinued, or inaccurate data sources \nIf the Secretary determines that a data source described in clause (i) or (ii) of subparagraph (A) is out of date, discontinued, or otherwise inaccurate, the Secretary may substitute other data sources to obtain the employment statistics described in those clauses, subject to the condition that the Secretary provides to Congress a report describing the new data source used by the Secretary. (g) Rural set-Aside \n(1) In general \nOf the amounts made available for each fiscal year to carry out this section, the Secretary shall ensure that not less than 20 percent is used to provide assistance to eligible recipients located in, or that serve, a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )), with a particular focus on rural areas that are located in distressed or underserved communities. (2) Waiver \nIf there are not sufficient qualified eligible recipients located in, or that serve, a rural area (as so defined), to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. (h) Native American set-Aside \n(1) In general \nOf the amounts made available for each fiscal year to carry out this section, the Secretary shall ensure that not less than 5 percent is used to provide assistance to eligible recipients that are Indian tribes, tribal organizations (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), and Native Hawaiian organizations (as defined in that section). (2) Waiver \nIf there are not sufficient qualified eligible recipients that are Indian tribes, tribal organizations (as so defined), or Native Hawaiian organizations (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph.. (b) Clerical amendment \nThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1767) is amended by inserting after the item relating to section 218 the following: Sec. 219. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants..", "id": "idD5B09B41E64746C1BD3964F2FCE5116B", "header": "Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants" }, { "text": "219. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants \n(a) Definitions \nIn this section: (1) Outdoor recreation \nThe term outdoor recreation means all recreational activities, and the economic drivers of those activities, such as businesses and local economic efforts, undertaken for pleasure that— (A) generally involve some level of intentional physical exertion; and (B) occur in nature-based environments outdoors. (2) Tourism, hospitality, or special event activity \nThe term tourism, hospitality, or special event activity means any economic activity that primarily serves to encourage recreational or business travel within the United States or from abroad, including tourist attractions, business and recreational conventions, large entertainment events and venues, and promotion or organization of any such activity. (b) Establishment \nThe Secretary shall establish a program to provide grants to eligible recipients to support outdoor recreation, travel, and tourism, hospitality, or special event activities to spur economic development. (c) Goals \nA project carried out with a grant under this section shall be carried out for the goal of— (1) in the case of an infrastructure project— (A) leading to long-term increases in tourist activity in a region, including in communities adjacent to National Park System units, State parks, national marine sanctuaries, National Heritage Areas, Tribal parks, or other natural destinations; and (B) using nature-based infrastructure projects and other projects intended to enhance public access to outdoor recreation opportunities; and (2) in the case of other projects as determined appropriate by the Secretary, supporting the outdoor recreation, travel, tourism, hospitality, and special event industries, in a manner consistent with the National Travel and Tourism Strategy or as recommended by the United States Travel and Tourism Advisory Board, if any. (d) Eligible uses \n(1) In general \nA grant under this section may be used— (A) to pay costs associated with obtaining State, Tribal, county, city, community, or regional tourism marketing and promotion campaigns, including through nonprofit or quasigovernmental Destination Marketing Organizations (DMOs); (B) to carry out workforce training, recruitment, and research programs that support the outdoor recreation, travel, tourism, hospitality, and special event industries to improve the skills of, and job opportunities for, workers in those industries, including through a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ), and other work and learn models; (C) for short-term and long-term economic development planning and coordination for the purpose of responding to the effects of the COVID–19 pandemic on the regional outdoor recreation, travel, tourism, hospitality, and special event industries; (D) to carry out technical assistance projects, including for small business concerns, entrepreneurs, and small and rural communities, to assist regional economies in— (i) the recovery from, and response to, damage to the outdoor recreation, travel, tourism, hospitality, and special event industries as a result of the COVID–19 pandemic; and (ii) future development of the outdoor recreation, travel, tourism, hospitality, and special event industries; (E) to establish local programs to provide assistance to small business concerns in the outdoor recreation, travel, tourism, hospitality, or special events industries— (i) for development; (ii) to recover from the impacts of a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) or a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); or (iii) for expansion; (F) to carry out construction activities at facilities or property owned by, or held in trust by a Federal or State government entity for, the eligible recipient that support outdoor recreation, travel, tourism, hospitality, or special events, including activities involving— (i) construction of new, or improvements to existing, outdoor recreation and trail infrastructure, including public access enhancements to that infrastructure; (ii) nature-based infrastructure projects to improve access to outdoor recreation; (iii) improvement of cultural, arts, convention, special event, outdoor recreation, and tourism facilities, such as visitor or tourist information centers, including through— (I) general accessibility upgrades, such as increasing disability access; (II) improving ventilation, heating, and cooling systems; (III) increasing energy efficiency; and (IV) incorporating additional renewable energy generation associated with that infrastructure, including zero-emission vehicle fleets and charging infrastructure; (iv) construction of workforce training facilities in order to carry out capacity building programs; (v) water or wastewater and stormwater improvements; (vi) pier construction and improvements; and (vii) accessibility enhancements; (G) to pay costs associated with upgrades and retrofits to existing outdoor recreation, travel, tourism, hospitality, and special event infrastructure, such as convention centers, to increase travel and tourism activity or to make the infrastructure more functional under social distancing conditions due to a public health emergency declaration under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (H) to pay costs associated with providing information to visitors about the health and safety protections, guidance, or requirements of Federal, State, Tribal, or local governments and businesses to reduce the spread of COVID–19; (I) to pay the increased costs of filtration and sanitation, including physical modifications to facilities such as convention centers, large event spaces, campsites, or community attractions associated with precautions to provide for safe worker, traveler, or event environments; and (J) to pay the costs of salaries and expenses associated with the operations of the eligible recipient, other than salaries and expenses of the executives of the eligible recipient, if the applicant— (i) demonstrates the capacity to maintain the positions for which the funds are used; or (ii) demonstrates that the positions for which the funds are used are temporary or seasonal. (2) Prohibition \nAmounts provided under this section may not be used for recruitment efforts to bring in or host particular events, such as sporting competitions or other activities. (e) Priority \nThe Secretary shall give priority to eligible recipients that seek to carry out an activity that— (1) is based on long-term, regionally oriented, coordinated, and collaborative economic development or redevelopment strategies that foster economic growth and resilience; (2) will promote workforce development; (3) will involve a minority-owned, rural, Native American, or otherwise underserved small business concern; or (4) implements strong labor standards, including project labor agreements and community benefit agreements that include local hire provisions to promote effective and efficient delivery of high-quality infrastructure projects. (f) Regional distribution \n(1) In general \nIn providing grants under this section, the Secretary shall distribute the funds to eligible recipients in each region served by the Economic Development Administration in accordance with the formula described in paragraph (2)(A). (2) Formula \n(A) In general \nThe formula referred to in paragraph (1) shall include consideration of each of the following: (i) Using the most recent data from the Quarterly Census of Employment and Wages and the Current Employment Statistics, employment in the leisure and hospitality sectors (other than food service businesses) as a percentage of total employment in States in the region, using a 5-year average. (ii) Using the most recent data from the Arts and Cultural Production and Outdoor Recreation Satellite Account, employment in arts and cultural production and outdoor recreation as a percentage of total employment in States in the region, using a 5-year average. (iii) The number of international and domestic visitors in States in the region, using data from the Department or another source as the Secretary determines to be appropriate. (iv) The impacts of the COVID–19 pandemic, and other natural or economic disasters, on the outdoor recreation, travel, tourism, hospitality, or special event industries in States in the region. (v) Any other data that the Secretary determines reliably measures the impact of outdoor recreation, travel, tourism, hospitality, or special events to the economy of a State. (B) Out of date, discontinued, or inaccurate data sources \nIf the Secretary determines that a data source described in clause (i) or (ii) of subparagraph (A) is out of date, discontinued, or otherwise inaccurate, the Secretary may substitute other data sources to obtain the employment statistics described in those clauses, subject to the condition that the Secretary provides to Congress a report describing the new data source used by the Secretary. (g) Rural set-Aside \n(1) In general \nOf the amounts made available for each fiscal year to carry out this section, the Secretary shall ensure that not less than 20 percent is used to provide assistance to eligible recipients located in, or that serve, a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )), with a particular focus on rural areas that are located in distressed or underserved communities. (2) Waiver \nIf there are not sufficient qualified eligible recipients located in, or that serve, a rural area (as so defined), to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. (h) Native American set-Aside \n(1) In general \nOf the amounts made available for each fiscal year to carry out this section, the Secretary shall ensure that not less than 5 percent is used to provide assistance to eligible recipients that are Indian tribes, tribal organizations (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), and Native Hawaiian organizations (as defined in that section). (2) Waiver \nIf there are not sufficient qualified eligible recipients that are Indian tribes, tribal organizations (as so defined), or Native Hawaiian organizations (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph.", "id": "idE704B5C92FB748368D32A564633404B6", "header": "Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants" }, { "text": "8. Tourism marketing \n(a) Declaration \nSection 2(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121(b) ) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) tourism marketing is an economic development tool used by communities for economic development and should be considered an eligible use of economic development funding awarded by the Federal Government through the Economic Development Administration.. (b) Grants for economic adjustment \nSection 209(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149(a) ) (as amended by section 3(b)(2)) is amended by inserting travel promotion (including funding for tourism marketing, marketing research, purchasing advertisements, and attracting business meetings or convention travel), after 208(a)),.", "id": "id6D4358AAF9BF4944A6789542B7EE100D", "header": "Tourism marketing" }, { "text": "9. Economic distress formula \nNot later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall review the economic distress formula under section 301 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161 ) and submit to Congress a report that includes— (1) recommendations for modifications to the formula to ensure that all areas, including distressed areas, are eligible to receive a higher percentage of Federal funding than those areas currently are eligible to receive; (2) a recommendation on whether to reduce the non-Federal share for projects carried out with grants under that Act ( 42 U.S.C. 3121 et seq. ); and (3) an analysis of the financial limitations of eligible recipients located within high-density public land counties (as defined in section 7(a)) in accessing Economic Development Administration funding opportunities.", "id": "idE267B415537C49D080510EA2CAD7F63B", "header": "Economic distress formula" }, { "text": "10. High-density public land counties \n(a) Definition of high-Density public land county \nIn this section, the term high-density public land county means a county (or equivalent jurisdiction) of a State, Indian Tribe, or territory of the United States— (1) that has a population of not more than 100,000 people, according to the most recent annual estimates of population by the Bureau of the Census; and (2) in which more than 50 percent of the land is owned or managed by the Federal Government (including land held in trust by the United States for the benefit of an Indian Tribe). (b) Requirement \nFor purposes of providing assistance under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) (including sections 209 and 301 of that Act ( 42 U.S.C. 3149 , 3161)) and other programs of the Economic Development Administration, a high-density public land county shall be considered to be— (1) an area with a special need arising from actual or threatened severe unemployment or economic adjustment problems resulting from severe changes in economic conditions; (2) a distressed area; and (3) an underserved area.", "id": "id8E874CF24F2940A2A40E656F2B144B64", "header": "High-density public land counties" }, { "text": "11. Office of Rural and Native American Economic Development \n(a) In general \nTitle V of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3191 et seq. ) is amended by adding at the end the following: 508. Office of Rural and Native American Economic Development \n(a) Establishment \nThere is established within the Economic Development Administration an Office of Rural and Native American Economic Development (referred to in this section as the Office ). (b) Under Secretaries \n(1) In general \nThe Office shall be jointly headed by— (A) a Deputy Under Secretary for Rural Economic Development; and (B) a Deputy Under Secretary for Native American Economic Development. (2) Dedicated staffs \n(A) In general \n(i) Deputy Under Secretary for Rural Economic Development \nThe Secretary shall ensure that the Deputy Under Secretary for Rural Economic Development has a dedicated staff to carry out the purposes of the Office with respect to rural communities. (ii) Deputy Under Secretary for Native American Economic Development \nThe Secretary shall ensure that the Deputy Under Secretary for Native American Economic Development has a dedicated staff to carry out the purposes of the Office with respect to tribal communities. (B) Existing staff and personnel \n(i) In general \nFor purposes of carrying out clauses (i) and (ii) of subparagraph (A), the Secretary may reorganize and redesignate existing positions or staffing within the Economic Development Administration. (ii) Website \nAny existing personnel reorganized or redesignated under clause (i) shall be recognized on the website of the Economic Development Administration. (c) Purpose \nThe purpose of the Office shall be— (1) to coordinate all rural and Native American economic development activities carried out by the Secretary; (2) to provide resources to help rural and Native American communities access economic development assistance programs, including the grants provided by this Act; (3) (A) to develop rural and tribal economic development strategies and efforts, including the strategies for rural and Native American economic development described in subsection (d); and (B) to coordinate those strategies and efforts with other Federal agencies, including the Office of Rural Development of the Department of Agriculture and the Bureau of Indian Affairs; and (4) to be a participant in any negotiated rulemakings, or consultations relating to, or having an impact on, projects, programs, or funding that benefit rural or Native American communities. (d) Strategies for rural and Native American economic development \n(1) In general \nThe Office shall, in consultation with rural communities, develop a strategy for rural economic development and, in consultation with Native American communities, develop a strategy for Native American economic development, which shall each, as applicable— (A) identify the most pressing priorities and challenges of the United States in promoting rural and Native American prosperity during the 10-year period beginning on the date of enactment of the INVEST in Our Communities Act ; (B) describe the policy actions that will be taken by the Economic Development Administration, and any other Federal agency implementing rural and Native American economic development programs, if applicable, to accelerate and support social and economic prosperity in rural and tribal areas; and (C) identify opportunities to partner with other Federal agencies or across Federal agencies and programs to address the priorities and challenges identified under subparagraph (A). (2) Submission to Congress \nThe Office shall submit to the Committees on Agriculture, Nutrition, and Forestry, Environment and Public Works, and Indian Affairs of the Senate and the Committees on Agriculture, Transportation and Infrastructure, and Natural Resources of the House of Representatives the strategies for rural economic development and Native American economic development developed under paragraph (1). (e) Outreach \n(1) In general \nThe Under Secretaries shall establish within the Office a public gateway to help provide a comprehensive, single source of information for civic leaders, economic development professionals, businesses, and individuals in rural and Native American communities to better understand and access programs that support economic development in those communities, including the economic development programs administered by Federal agencies or departments other than the Department. (2) Inclusions \nIn carrying out this subsection, the Under Secretaries shall include the following activities: (A) Hotline \nThe Office shall establish a telephone hotline to offer information and answer questions about Federal programs to assist rural and Native American communities, including the grants provided under this Act and programs offered by other Federal agencies. (B) Website and electronic mail \nThe Office shall establish a website and electronic mail portal through which to offer information and answer questions about Federal programs to assist rural and tribal communities, including the grants provided under this Act and programs offered by other Federal agencies, to civic leaders, economic development professionals, businesses, and individuals in rural and tribal communities. (C) Outreach and support materials \nThe Office shall develop printed and electronic outreach and support materials that offer information and answer questions about Federal programs to assist rural and Native American communities, including the grants provided under this Act and programs offered by other Federal agencies, to civic leaders, economic development professionals, businesses, and individuals in rural and Native American communities. (D) Other outreach activities \nThe Office may carry out additional activities that offer information and answer questions about Federal programs to assist rural and Native American communities. (3) Existing efforts \nThe outreach efforts and activities described in paragraphs (1) and (2) shall be in coordination with existing efforts and activities of the rural development mission area Department of Agriculture and the Bureau of Indian Affairs. (f) Dedicated staff \nThe Secretary shall ensure that the Office has sufficient staff where appropriate, including in each regional office of the Economic Development Administration, to carry out all outreach activities under subsection (e) in rural and Native American communities.. (b) Clerical amendment \nThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597) is amended by inserting after the item relating to section 507 the following: Sec. 508. Office of Rural and Native American Economic Development..", "id": "id01B4D072A4C74F61A8F25585FBDDCF94", "header": "Office of Rural and Native American Economic Development" }, { "text": "508. Office of Rural and Native American Economic Development \n(a) Establishment \nThere is established within the Economic Development Administration an Office of Rural and Native American Economic Development (referred to in this section as the Office ). (b) Under Secretaries \n(1) In general \nThe Office shall be jointly headed by— (A) a Deputy Under Secretary for Rural Economic Development; and (B) a Deputy Under Secretary for Native American Economic Development. (2) Dedicated staffs \n(A) In general \n(i) Deputy Under Secretary for Rural Economic Development \nThe Secretary shall ensure that the Deputy Under Secretary for Rural Economic Development has a dedicated staff to carry out the purposes of the Office with respect to rural communities. (ii) Deputy Under Secretary for Native American Economic Development \nThe Secretary shall ensure that the Deputy Under Secretary for Native American Economic Development has a dedicated staff to carry out the purposes of the Office with respect to tribal communities. (B) Existing staff and personnel \n(i) In general \nFor purposes of carrying out clauses (i) and (ii) of subparagraph (A), the Secretary may reorganize and redesignate existing positions or staffing within the Economic Development Administration. (ii) Website \nAny existing personnel reorganized or redesignated under clause (i) shall be recognized on the website of the Economic Development Administration. (c) Purpose \nThe purpose of the Office shall be— (1) to coordinate all rural and Native American economic development activities carried out by the Secretary; (2) to provide resources to help rural and Native American communities access economic development assistance programs, including the grants provided by this Act; (3) (A) to develop rural and tribal economic development strategies and efforts, including the strategies for rural and Native American economic development described in subsection (d); and (B) to coordinate those strategies and efforts with other Federal agencies, including the Office of Rural Development of the Department of Agriculture and the Bureau of Indian Affairs; and (4) to be a participant in any negotiated rulemakings, or consultations relating to, or having an impact on, projects, programs, or funding that benefit rural or Native American communities. (d) Strategies for rural and Native American economic development \n(1) In general \nThe Office shall, in consultation with rural communities, develop a strategy for rural economic development and, in consultation with Native American communities, develop a strategy for Native American economic development, which shall each, as applicable— (A) identify the most pressing priorities and challenges of the United States in promoting rural and Native American prosperity during the 10-year period beginning on the date of enactment of the INVEST in Our Communities Act ; (B) describe the policy actions that will be taken by the Economic Development Administration, and any other Federal agency implementing rural and Native American economic development programs, if applicable, to accelerate and support social and economic prosperity in rural and tribal areas; and (C) identify opportunities to partner with other Federal agencies or across Federal agencies and programs to address the priorities and challenges identified under subparagraph (A). (2) Submission to Congress \nThe Office shall submit to the Committees on Agriculture, Nutrition, and Forestry, Environment and Public Works, and Indian Affairs of the Senate and the Committees on Agriculture, Transportation and Infrastructure, and Natural Resources of the House of Representatives the strategies for rural economic development and Native American economic development developed under paragraph (1). (e) Outreach \n(1) In general \nThe Under Secretaries shall establish within the Office a public gateway to help provide a comprehensive, single source of information for civic leaders, economic development professionals, businesses, and individuals in rural and Native American communities to better understand and access programs that support economic development in those communities, including the economic development programs administered by Federal agencies or departments other than the Department. (2) Inclusions \nIn carrying out this subsection, the Under Secretaries shall include the following activities: (A) Hotline \nThe Office shall establish a telephone hotline to offer information and answer questions about Federal programs to assist rural and Native American communities, including the grants provided under this Act and programs offered by other Federal agencies. (B) Website and electronic mail \nThe Office shall establish a website and electronic mail portal through which to offer information and answer questions about Federal programs to assist rural and tribal communities, including the grants provided under this Act and programs offered by other Federal agencies, to civic leaders, economic development professionals, businesses, and individuals in rural and tribal communities. (C) Outreach and support materials \nThe Office shall develop printed and electronic outreach and support materials that offer information and answer questions about Federal programs to assist rural and Native American communities, including the grants provided under this Act and programs offered by other Federal agencies, to civic leaders, economic development professionals, businesses, and individuals in rural and Native American communities. (D) Other outreach activities \nThe Office may carry out additional activities that offer information and answer questions about Federal programs to assist rural and Native American communities. (3) Existing efforts \nThe outreach efforts and activities described in paragraphs (1) and (2) shall be in coordination with existing efforts and activities of the rural development mission area Department of Agriculture and the Bureau of Indian Affairs. (f) Dedicated staff \nThe Secretary shall ensure that the Office has sufficient staff where appropriate, including in each regional office of the Economic Development Administration, to carry out all outreach activities under subsection (e) in rural and Native American communities.", "id": "id830a2261e12e4477b06c784379e91e8f", "header": "Office of Rural and Native American Economic Development" }, { "text": "12. Flexible hiring and disaster authorities \n(a) In general \nTitle V of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3191 et seq. ) (as amended by section 11(a)) is amended by adding at the end the following: 509. Flexible hiring and disaster authorities \n(a) Appointment and compensation authorities \n(1) In general \nThe Secretary may appoint and fix the compensation of such temporary personnel as may be necessary to carry out this Act and to implement post-disaster economic recovery responsibilities, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, governing appointments in competitive service and compensation of personnel. (2) Appointment to position within EDA \nNotwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Secretary may convert a temporary employee appointed under paragraph (1) to a permanent appointment in the competitive service in the Economic Development Administration under merit promotion procedures if— (A) the employee has served continuously in that appointment for not less than 2 years; and (B) the performance of the employee has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (A). (b) Disaster team \n(1) Establishment \nAs soon as practicable after the date of enactment of the INVEST in Our Communities Act , the Secretary shall establish a disaster team for the deployment of individuals to carry out post-disaster economic recovery efforts after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and an agency has been activated by the Federal Emergency Management Agency. (2) Membership \n(A) Designation of staff \nAs soon as practicable after the date of enactment of the INVEST in Our Communities Act , the Secretary shall designate to serve on the disaster team, in conjunction with staff of the Department— (i) employees of the Department who are not employees of the agency; and (ii) in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate. (B) Capabilities \nIn designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient number of— (i) individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and (ii) in conjunction with permanent agency staff, highly trained individuals employed full-time to lead and manage the disaster team. (3) Training \nThe Secretary shall ensure that appropriate and ongoing training is provided to members of the disaster team designed under paragraph (2) to ensure that the members are adequately trained with respect to the programs and policies of the agency relating to post-disaster economic recovery efforts. (4) Expenses \nIn carrying out this subsection, the Secretary may— (A) use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) to direct Federal agencies in any major disaster or emergency declared under that Act; and (B) provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, relating to service as a member of the disaster team.. (b) Clerical amendment \nThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597) (as amended by section 11(b)) is amended by inserting after the item relating to section 508 the following: Sec. 509. Flexible hiring and disaster authorities..", "id": "id382D016A3E224564B0AF0059EEE93065", "header": "Flexible hiring and disaster authorities" }, { "text": "509. Flexible hiring and disaster authorities \n(a) Appointment and compensation authorities \n(1) In general \nThe Secretary may appoint and fix the compensation of such temporary personnel as may be necessary to carry out this Act and to implement post-disaster economic recovery responsibilities, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, governing appointments in competitive service and compensation of personnel. (2) Appointment to position within EDA \nNotwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Secretary may convert a temporary employee appointed under paragraph (1) to a permanent appointment in the competitive service in the Economic Development Administration under merit promotion procedures if— (A) the employee has served continuously in that appointment for not less than 2 years; and (B) the performance of the employee has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (A). (b) Disaster team \n(1) Establishment \nAs soon as practicable after the date of enactment of the INVEST in Our Communities Act , the Secretary shall establish a disaster team for the deployment of individuals to carry out post-disaster economic recovery efforts after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and an agency has been activated by the Federal Emergency Management Agency. (2) Membership \n(A) Designation of staff \nAs soon as practicable after the date of enactment of the INVEST in Our Communities Act , the Secretary shall designate to serve on the disaster team, in conjunction with staff of the Department— (i) employees of the Department who are not employees of the agency; and (ii) in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate. (B) Capabilities \nIn designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient number of— (i) individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and (ii) in conjunction with permanent agency staff, highly trained individuals employed full-time to lead and manage the disaster team. (3) Training \nThe Secretary shall ensure that appropriate and ongoing training is provided to members of the disaster team designed under paragraph (2) to ensure that the members are adequately trained with respect to the programs and policies of the agency relating to post-disaster economic recovery efforts. (4) Expenses \nIn carrying out this subsection, the Secretary may— (A) use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) to direct Federal agencies in any major disaster or emergency declared under that Act; and (B) provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, relating to service as a member of the disaster team.", "id": "id896F1586E1B64430A21FA82C94C4A885", "header": "Flexible hiring and disaster authorities" }, { "text": "13. COVID-era funding availability \nNotwithstanding any other provision of law, any amounts made available to carry out the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) during the period during which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19 is in effect shall be available for obligation until September 30, 2030.", "id": "idACDBF1017C774A919F1A63457DF3AC84", "header": "COVID-era funding availability" }, { "text": "14. Funding for HOST grants \n(a) In general \nTitle VII of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3231 et seq. ) is amended by adding at the end the following: 705. Funding for HOST grants \nOf the amounts made available under section 701(a) for each of fiscal years 2023 through 2027, $100,000,000 shall be used to carry out section 219, of which 3 percent shall be used for the administrative costs of carrying out that section, including for maintaining the formula described in subsection (f)(2) of that section.. (b) Clerical amendment \nThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1772) is amended by inserting after the item relating to section 704 the following: Sec. 705. Funding for HOST grants..", "id": "id7D3E9A326C6243579E1184ACC6120381", "header": "Funding for HOST grants" }, { "text": "705. Funding for HOST grants \nOf the amounts made available under section 701(a) for each of fiscal years 2023 through 2027, $100,000,000 shall be used to carry out section 219, of which 3 percent shall be used for the administrative costs of carrying out that section, including for maintaining the formula described in subsection (f)(2) of that section.", "id": "idFE2CC615104747D792FAA60F256EE332", "header": "Funding for HOST grants" }, { "text": "15. Set asides \n(a) In general \nTitle VII of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3231 et seq. ) (as amended by section 11(a)) is amended by adding at the end the following: 706. Requirements for the use of funds \n(a) Planning assistance \n(1) In general \nOf the amounts made available for each fiscal year under section 701(a), the Secretary shall set aside an amount equal to 5 percent to provide assistance to eligible recipients for the development of a comprehensive economic development strategy. (2) Federal share \nThe Federal share of the cost of an activity carried out with assistance under paragraph (1) shall be not less than 80 percent. (b) Technical and operational assistance \nOf the amounts made available for each fiscal year under section 701(a), the Secretary shall set aside an amount equal to 5 percent to provide to eligible recipients technical and operational capacity assistance to prepare those eligible recipients to better access Federal funding from the Economic Development Administration and other sources. (c) Rural set-Aside \n(1) In general \nOf the amounts made available for each fiscal year under section 701(a), the Secretary shall ensure that not less than 15 percent is used to provide assistance to eligible recipients located in, or that serve, a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )). (2) Waiver \nIf there are not sufficient qualified eligible recipients located in, or that serve, a rural area (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. (d) Maximum grant amounts \nThe Secretary shall consider increasing maximum grant amounts set by the Secretary and increasing the average amount of funds distributed per grant provided under this Act to increase the impact of those investments. (e) Native American set-Aside \n(1) In general \nOf the amounts made available for each fiscal year under section 701(a), the Secretary shall ensure that not less than 5 percent is used to provide assistance to eligible recipients that are Indian tribes, tribal organizations (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), and Native Hawaiian organizations (as defined in that section). (2) Waiver \nIf there are not sufficient qualified eligible recipients that are Indian tribes, tribal organizations (as so defined), or Native Hawaiian organizations (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph.. (b) Clerical amendment \nThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1772) (as amended by section 11(b)) is amended by inserting after the item relating to section 705 the following: Sec. 706. Requirements for the use of funds..", "id": "idA3F1640ED18C4662B7B771BEBCFAA598", "header": "Set asides" }, { "text": "706. Requirements for the use of funds \n(a) Planning assistance \n(1) In general \nOf the amounts made available for each fiscal year under section 701(a), the Secretary shall set aside an amount equal to 5 percent to provide assistance to eligible recipients for the development of a comprehensive economic development strategy. (2) Federal share \nThe Federal share of the cost of an activity carried out with assistance under paragraph (1) shall be not less than 80 percent. (b) Technical and operational assistance \nOf the amounts made available for each fiscal year under section 701(a), the Secretary shall set aside an amount equal to 5 percent to provide to eligible recipients technical and operational capacity assistance to prepare those eligible recipients to better access Federal funding from the Economic Development Administration and other sources. (c) Rural set-Aside \n(1) In general \nOf the amounts made available for each fiscal year under section 701(a), the Secretary shall ensure that not less than 15 percent is used to provide assistance to eligible recipients located in, or that serve, a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )). (2) Waiver \nIf there are not sufficient qualified eligible recipients located in, or that serve, a rural area (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. (d) Maximum grant amounts \nThe Secretary shall consider increasing maximum grant amounts set by the Secretary and increasing the average amount of funds distributed per grant provided under this Act to increase the impact of those investments. (e) Native American set-Aside \n(1) In general \nOf the amounts made available for each fiscal year under section 701(a), the Secretary shall ensure that not less than 5 percent is used to provide assistance to eligible recipients that are Indian tribes, tribal organizations (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), and Native Hawaiian organizations (as defined in that section). (2) Waiver \nIf there are not sufficient qualified eligible recipients that are Indian tribes, tribal organizations (as so defined), or Native Hawaiian organizations (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph.", "id": "idD0FC01DBEA1E42A68E54B75A65385A17", "header": "Requirements for the use of funds" }, { "text": "16. Cost sharing \nSection 204 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking subsection (c) and inserting this section ; and (B) in paragraph (2)(A), by striking 30 percent and inserting 40 percent ; and (2) by adding at the end the following: (d) High-Density public land counties \nIn the case of a grant under this Act to an eligible recipient that is located in or that serves a high-density public land county (as defined in section 7(a) of the INVEST in Our Communities Act ), the Secretary shall— (1) reduce the non-Federal share of the cost of the project carried out with the grant by 50 percent; (2) provide to the eligible recipient direct and expanded technical assistance to improve applications from high-density public land counties (as so defined); and (3) allow the eligible recipient to provide any required non-Federal share in the form of in-kind contributions. (e) Communities affected by disasters \nIn the case of a grant under section 209(c)(2), the Federal share of the cost of a project carried out with the grant shall be 100 percent. (f) COVID-Era funding \n(1) In general \nIn the case of a project carried out with a grant under this Act made on or after the date of enactment of the INVEST in Our Communities Act from amounts made available during the period during which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19 is in effect, the Federal share of the cost of the project shall be not less than 90 percent. (2) Certain areas \nThe Secretary shall consider increasing the Federal share set by the Secretary under paragraph (1) to be 100 percent of the cost of the project if the project is to be carried out in an area that is experiencing, in the determination of the Secretary, lasting economic impacts as a result of the COVID–19 pandemic..", "id": "idDE648DC3C7DB4499B8763EBE747027E8", "header": "Cost sharing" } ]
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1. Short title This Act may be cited as the Increasing our Nation's Value through Economic Support and Tourism in Our Communities Act or the INVEST in Our Communities Act. 2. Administration (a) In general Section 501 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3191 ) is amended by striking Assistant Secretary each place it appears and inserting Under Secretary. (b) Transition The individual serving as the Assistant Secretary of Commerce for Economic Development on the day before the date of enactment of this Act shall be deemed to have been confirmed as the Under Secretary of Commerce for Economic Development. (c) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Assistant Secretary of Commerce for Economic Development shall be deemed to be a reference to the Under Secretary of Commerce for Economic Development. 3. Definition of eligible recipient Section 3(4) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122(4) is amended by adding at the end the following: (C) Capacity building grants and HOST grants In the case of grants under sections 208 and 219, the term eligible recipient also includes a tribal organization and a Native Hawaiian organization (as those terms are defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )).. 4. Increase in Federal share for Tribal organizations and Native Hawaiian organizations Section 204(c)(1) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c)(1) ) is amended— (1) in the paragraph heading, by inserting , Tribal organizations, or Native Hawaiian organizations after tribes ; and (2) by inserting , a tribal organization (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), or a Native Hawaiian organization (as defined in that section) after Indian tribe. 5. Capacity building grant program (a) In general Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by inserting after section 207 the following: 208. Capacity building grant program (a) Definition of predevelopment activity In this section, the term predevelopment activity means an activity carried out before a project can proceed to the execution stage or the eligible recipient can secure financing and partners. (b) Establishment The Secretary shall establish a program to provide to eligible recipients assistance for predevelopment activities. (c) Use of funds An eligible recipient may use funds from a grant under this section— (1) to carry out certain predevelopment activities, including— (A) planning and community asset mapping; (B) training; (C) technical assistance and organizational development; (D) feasibility and market studies; (E) demonstration projects; (F) organizational capacity building; (G) organizing and facilitating convenings; and (H) other predevelopment activities, as determined appropriate by the Secretary; and (2) to hire and obtain qualified economic development professionals and services for a 3-year period to develop and carry out a comprehensive economic development strategy, an economic development strategic plan, or other predevelopment activities. (d) Applications To be eligible for a grant under this section, an eligible recipient shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a specific plan— (1) on how the eligible recipient will carry out predevelopment activities using grant funds; and (2) for the continuation of the position created or services obtained as a result of the grant after the end of the 3-year term, if applicable. (e) Waiver of attorney's and consultant's fee prohibition In the case of a project under this section that is carried out using grant funds by 1 or more eligible recipients with low organizational capacity, in the determination of the Secretary, the Secretary may waive the prohibition described in section 213.. (b) Additional eligibility (1) Grants for public works and economic development Section 201(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141(a) ) is amended— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) predevelopment activities (as defined in section 208(a)).. (2) Grants for economic adjustment Section 209(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149(a) ) is amended by inserting predevelopment activities (as defined in section 208(a)), after training,. (3) Conforming amendment Section 302(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3162(a) ) is amended in the matter preceding paragraph (1) by inserting and predevelopment activities (as defined in section 208(a)) under section 201 or 209 after section 209. (c) Increase in Federal share Section 204(c)(3) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c)(3) ) is amended— (1) in the paragraph heading, by inserting and capacity building after technical assistance ; and (2) by striking section 207 and inserting sections 207 and 208. (d) Direct expenditure or redistribution by recipient Section 217(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3154c(a) ) is amended by striking or 207 and inserting 207, or 208. (e) Powers of the Secretary Section 601(a)(12) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3211(a)(12) ) is amended by striking section 207 and inserting sections 207 and 208. (f) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1761) is amended by inserting after the item relating to section 207 the following: Sec. 208. Capacity building grant program.. 208. Capacity building grant program (a) Definition of predevelopment activity In this section, the term predevelopment activity means an activity carried out before a project can proceed to the execution stage or the eligible recipient can secure financing and partners. (b) Establishment The Secretary shall establish a program to provide to eligible recipients assistance for predevelopment activities. (c) Use of funds An eligible recipient may use funds from a grant under this section— (1) to carry out certain predevelopment activities, including— (A) planning and community asset mapping; (B) training; (C) technical assistance and organizational development; (D) feasibility and market studies; (E) demonstration projects; (F) organizational capacity building; (G) organizing and facilitating convenings; and (H) other predevelopment activities, as determined appropriate by the Secretary; and (2) to hire and obtain qualified economic development professionals and services for a 3-year period to develop and carry out a comprehensive economic development strategy, an economic development strategic plan, or other predevelopment activities. (d) Applications To be eligible for a grant under this section, an eligible recipient shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a specific plan— (1) on how the eligible recipient will carry out predevelopment activities using grant funds; and (2) for the continuation of the position created or services obtained as a result of the grant after the end of the 3-year term, if applicable. (e) Waiver of attorney's and consultant's fee prohibition In the case of a project under this section that is carried out using grant funds by 1 or more eligible recipients with low organizational capacity, in the determination of the Secretary, the Secretary may waive the prohibition described in section 213. 6. Grants for planning and grants for administrative expenses (a) Administrative expenses Section 203 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3143 ) is amended by adding at the end the following: (e) Administrative expenses Administrative expenses described in subsection (a) shall include expenses relating to— (1) carrying out the planning process described in subsection (b); and (2) hiring professional staff to assist communities or organizations in— (A) implementing projects and priorities included in— (i) a comprehensive economic development strategy; or (ii) an economic development planning grant; (B) identifying and using other Federal, State, and Tribal economic development programs; (C) leveraging private and philanthropic investment; (D) preparing disaster coordination and preparation plans; (E) collaborating with trade adjustment assistance centers, Hollings Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology, Business Centers and Rural Business Centers of the Minority Business Development Agency, and other relevant Federal economic development technical assistance and service providers to promote domestic manufacturing; and (F) carrying out economic development activities in accordance with professional economic development best practices.. (b) Increase in Federal share Section 204(c) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c) ) is amended by adding at the end the following: (4) Grants for planning and grants for administrative expenses In the case of a grant provided under section 203, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 80 percent of the cost of the project.. 7. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants (a) In general Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 219. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants (a) Definitions In this section: (1) Outdoor recreation The term outdoor recreation means all recreational activities, and the economic drivers of those activities, such as businesses and local economic efforts, undertaken for pleasure that— (A) generally involve some level of intentional physical exertion; and (B) occur in nature-based environments outdoors. (2) Tourism, hospitality, or special event activity The term tourism, hospitality, or special event activity means any economic activity that primarily serves to encourage recreational or business travel within the United States or from abroad, including tourist attractions, business and recreational conventions, large entertainment events and venues, and promotion or organization of any such activity. (b) Establishment The Secretary shall establish a program to provide grants to eligible recipients to support outdoor recreation, travel, and tourism, hospitality, or special event activities to spur economic development. (c) Goals A project carried out with a grant under this section shall be carried out for the goal of— (1) in the case of an infrastructure project— (A) leading to long-term increases in tourist activity in a region, including in communities adjacent to National Park System units, State parks, national marine sanctuaries, National Heritage Areas, Tribal parks, or other natural destinations; and (B) using nature-based infrastructure projects and other projects intended to enhance public access to outdoor recreation opportunities; and (2) in the case of other projects as determined appropriate by the Secretary, supporting the outdoor recreation, travel, tourism, hospitality, and special event industries, in a manner consistent with the National Travel and Tourism Strategy or as recommended by the United States Travel and Tourism Advisory Board, if any. (d) Eligible uses (1) In general A grant under this section may be used— (A) to pay costs associated with obtaining State, Tribal, county, city, community, or regional tourism marketing and promotion campaigns, including through nonprofit or quasigovernmental Destination Marketing Organizations (DMOs); (B) to carry out workforce training, recruitment, and research programs that support the outdoor recreation, travel, tourism, hospitality, and special event industries to improve the skills of, and job opportunities for, workers in those industries, including through a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ), and other work and learn models; (C) for short-term and long-term economic development planning and coordination for the purpose of responding to the effects of the COVID–19 pandemic on the regional outdoor recreation, travel, tourism, hospitality, and special event industries; (D) to carry out technical assistance projects, including for small business concerns, entrepreneurs, and small and rural communities, to assist regional economies in— (i) the recovery from, and response to, damage to the outdoor recreation, travel, tourism, hospitality, and special event industries as a result of the COVID–19 pandemic; and (ii) future development of the outdoor recreation, travel, tourism, hospitality, and special event industries; (E) to establish local programs to provide assistance to small business concerns in the outdoor recreation, travel, tourism, hospitality, or special events industries— (i) for development; (ii) to recover from the impacts of a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) or a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); or (iii) for expansion; (F) to carry out construction activities at facilities or property owned by, or held in trust by a Federal or State government entity for, the eligible recipient that support outdoor recreation, travel, tourism, hospitality, or special events, including activities involving— (i) construction of new, or improvements to existing, outdoor recreation and trail infrastructure, including public access enhancements to that infrastructure; (ii) nature-based infrastructure projects to improve access to outdoor recreation; (iii) improvement of cultural, arts, convention, special event, outdoor recreation, and tourism facilities, such as visitor or tourist information centers, including through— (I) general accessibility upgrades, such as increasing disability access; (II) improving ventilation, heating, and cooling systems; (III) increasing energy efficiency; and (IV) incorporating additional renewable energy generation associated with that infrastructure, including zero-emission vehicle fleets and charging infrastructure; (iv) construction of workforce training facilities in order to carry out capacity building programs; (v) water or wastewater and stormwater improvements; (vi) pier construction and improvements; and (vii) accessibility enhancements; (G) to pay costs associated with upgrades and retrofits to existing outdoor recreation, travel, tourism, hospitality, and special event infrastructure, such as convention centers, to increase travel and tourism activity or to make the infrastructure more functional under social distancing conditions due to a public health emergency declaration under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (H) to pay costs associated with providing information to visitors about the health and safety protections, guidance, or requirements of Federal, State, Tribal, or local governments and businesses to reduce the spread of COVID–19; (I) to pay the increased costs of filtration and sanitation, including physical modifications to facilities such as convention centers, large event spaces, campsites, or community attractions associated with precautions to provide for safe worker, traveler, or event environments; and (J) to pay the costs of salaries and expenses associated with the operations of the eligible recipient, other than salaries and expenses of the executives of the eligible recipient, if the applicant— (i) demonstrates the capacity to maintain the positions for which the funds are used; or (ii) demonstrates that the positions for which the funds are used are temporary or seasonal. (2) Prohibition Amounts provided under this section may not be used for recruitment efforts to bring in or host particular events, such as sporting competitions or other activities. (e) Priority The Secretary shall give priority to eligible recipients that seek to carry out an activity that— (1) is based on long-term, regionally oriented, coordinated, and collaborative economic development or redevelopment strategies that foster economic growth and resilience; (2) will promote workforce development; (3) will involve a minority-owned, rural, Native American, or otherwise underserved small business concern; or (4) implements strong labor standards, including project labor agreements and community benefit agreements that include local hire provisions to promote effective and efficient delivery of high-quality infrastructure projects. (f) Regional distribution (1) In general In providing grants under this section, the Secretary shall distribute the funds to eligible recipients in each region served by the Economic Development Administration in accordance with the formula described in paragraph (2)(A). (2) Formula (A) In general The formula referred to in paragraph (1) shall include consideration of each of the following: (i) Using the most recent data from the Quarterly Census of Employment and Wages and the Current Employment Statistics, employment in the leisure and hospitality sectors (other than food service businesses) as a percentage of total employment in States in the region, using a 5-year average. (ii) Using the most recent data from the Arts and Cultural Production and Outdoor Recreation Satellite Account, employment in arts and cultural production and outdoor recreation as a percentage of total employment in States in the region, using a 5-year average. (iii) The number of international and domestic visitors in States in the region, using data from the Department or another source as the Secretary determines to be appropriate. (iv) The impacts of the COVID–19 pandemic, and other natural or economic disasters, on the outdoor recreation, travel, tourism, hospitality, or special event industries in States in the region. (v) Any other data that the Secretary determines reliably measures the impact of outdoor recreation, travel, tourism, hospitality, or special events to the economy of a State. (B) Out of date, discontinued, or inaccurate data sources If the Secretary determines that a data source described in clause (i) or (ii) of subparagraph (A) is out of date, discontinued, or otherwise inaccurate, the Secretary may substitute other data sources to obtain the employment statistics described in those clauses, subject to the condition that the Secretary provides to Congress a report describing the new data source used by the Secretary. (g) Rural set-Aside (1) In general Of the amounts made available for each fiscal year to carry out this section, the Secretary shall ensure that not less than 20 percent is used to provide assistance to eligible recipients located in, or that serve, a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )), with a particular focus on rural areas that are located in distressed or underserved communities. (2) Waiver If there are not sufficient qualified eligible recipients located in, or that serve, a rural area (as so defined), to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. (h) Native American set-Aside (1) In general Of the amounts made available for each fiscal year to carry out this section, the Secretary shall ensure that not less than 5 percent is used to provide assistance to eligible recipients that are Indian tribes, tribal organizations (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), and Native Hawaiian organizations (as defined in that section). (2) Waiver If there are not sufficient qualified eligible recipients that are Indian tribes, tribal organizations (as so defined), or Native Hawaiian organizations (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph.. (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1767) is amended by inserting after the item relating to section 218 the following: Sec. 219. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants.. 219. Hospitality and Outdoor-Recreation Supporting Tourism (HOST) grants (a) Definitions In this section: (1) Outdoor recreation The term outdoor recreation means all recreational activities, and the economic drivers of those activities, such as businesses and local economic efforts, undertaken for pleasure that— (A) generally involve some level of intentional physical exertion; and (B) occur in nature-based environments outdoors. (2) Tourism, hospitality, or special event activity The term tourism, hospitality, or special event activity means any economic activity that primarily serves to encourage recreational or business travel within the United States or from abroad, including tourist attractions, business and recreational conventions, large entertainment events and venues, and promotion or organization of any such activity. (b) Establishment The Secretary shall establish a program to provide grants to eligible recipients to support outdoor recreation, travel, and tourism, hospitality, or special event activities to spur economic development. (c) Goals A project carried out with a grant under this section shall be carried out for the goal of— (1) in the case of an infrastructure project— (A) leading to long-term increases in tourist activity in a region, including in communities adjacent to National Park System units, State parks, national marine sanctuaries, National Heritage Areas, Tribal parks, or other natural destinations; and (B) using nature-based infrastructure projects and other projects intended to enhance public access to outdoor recreation opportunities; and (2) in the case of other projects as determined appropriate by the Secretary, supporting the outdoor recreation, travel, tourism, hospitality, and special event industries, in a manner consistent with the National Travel and Tourism Strategy or as recommended by the United States Travel and Tourism Advisory Board, if any. (d) Eligible uses (1) In general A grant under this section may be used— (A) to pay costs associated with obtaining State, Tribal, county, city, community, or regional tourism marketing and promotion campaigns, including through nonprofit or quasigovernmental Destination Marketing Organizations (DMOs); (B) to carry out workforce training, recruitment, and research programs that support the outdoor recreation, travel, tourism, hospitality, and special event industries to improve the skills of, and job opportunities for, workers in those industries, including through a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ), and other work and learn models; (C) for short-term and long-term economic development planning and coordination for the purpose of responding to the effects of the COVID–19 pandemic on the regional outdoor recreation, travel, tourism, hospitality, and special event industries; (D) to carry out technical assistance projects, including for small business concerns, entrepreneurs, and small and rural communities, to assist regional economies in— (i) the recovery from, and response to, damage to the outdoor recreation, travel, tourism, hospitality, and special event industries as a result of the COVID–19 pandemic; and (ii) future development of the outdoor recreation, travel, tourism, hospitality, and special event industries; (E) to establish local programs to provide assistance to small business concerns in the outdoor recreation, travel, tourism, hospitality, or special events industries— (i) for development; (ii) to recover from the impacts of a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) or a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); or (iii) for expansion; (F) to carry out construction activities at facilities or property owned by, or held in trust by a Federal or State government entity for, the eligible recipient that support outdoor recreation, travel, tourism, hospitality, or special events, including activities involving— (i) construction of new, or improvements to existing, outdoor recreation and trail infrastructure, including public access enhancements to that infrastructure; (ii) nature-based infrastructure projects to improve access to outdoor recreation; (iii) improvement of cultural, arts, convention, special event, outdoor recreation, and tourism facilities, such as visitor or tourist information centers, including through— (I) general accessibility upgrades, such as increasing disability access; (II) improving ventilation, heating, and cooling systems; (III) increasing energy efficiency; and (IV) incorporating additional renewable energy generation associated with that infrastructure, including zero-emission vehicle fleets and charging infrastructure; (iv) construction of workforce training facilities in order to carry out capacity building programs; (v) water or wastewater and stormwater improvements; (vi) pier construction and improvements; and (vii) accessibility enhancements; (G) to pay costs associated with upgrades and retrofits to existing outdoor recreation, travel, tourism, hospitality, and special event infrastructure, such as convention centers, to increase travel and tourism activity or to make the infrastructure more functional under social distancing conditions due to a public health emergency declaration under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (H) to pay costs associated with providing information to visitors about the health and safety protections, guidance, or requirements of Federal, State, Tribal, or local governments and businesses to reduce the spread of COVID–19; (I) to pay the increased costs of filtration and sanitation, including physical modifications to facilities such as convention centers, large event spaces, campsites, or community attractions associated with precautions to provide for safe worker, traveler, or event environments; and (J) to pay the costs of salaries and expenses associated with the operations of the eligible recipient, other than salaries and expenses of the executives of the eligible recipient, if the applicant— (i) demonstrates the capacity to maintain the positions for which the funds are used; or (ii) demonstrates that the positions for which the funds are used are temporary or seasonal. (2) Prohibition Amounts provided under this section may not be used for recruitment efforts to bring in or host particular events, such as sporting competitions or other activities. (e) Priority The Secretary shall give priority to eligible recipients that seek to carry out an activity that— (1) is based on long-term, regionally oriented, coordinated, and collaborative economic development or redevelopment strategies that foster economic growth and resilience; (2) will promote workforce development; (3) will involve a minority-owned, rural, Native American, or otherwise underserved small business concern; or (4) implements strong labor standards, including project labor agreements and community benefit agreements that include local hire provisions to promote effective and efficient delivery of high-quality infrastructure projects. (f) Regional distribution (1) In general In providing grants under this section, the Secretary shall distribute the funds to eligible recipients in each region served by the Economic Development Administration in accordance with the formula described in paragraph (2)(A). (2) Formula (A) In general The formula referred to in paragraph (1) shall include consideration of each of the following: (i) Using the most recent data from the Quarterly Census of Employment and Wages and the Current Employment Statistics, employment in the leisure and hospitality sectors (other than food service businesses) as a percentage of total employment in States in the region, using a 5-year average. (ii) Using the most recent data from the Arts and Cultural Production and Outdoor Recreation Satellite Account, employment in arts and cultural production and outdoor recreation as a percentage of total employment in States in the region, using a 5-year average. (iii) The number of international and domestic visitors in States in the region, using data from the Department or another source as the Secretary determines to be appropriate. (iv) The impacts of the COVID–19 pandemic, and other natural or economic disasters, on the outdoor recreation, travel, tourism, hospitality, or special event industries in States in the region. (v) Any other data that the Secretary determines reliably measures the impact of outdoor recreation, travel, tourism, hospitality, or special events to the economy of a State. (B) Out of date, discontinued, or inaccurate data sources If the Secretary determines that a data source described in clause (i) or (ii) of subparagraph (A) is out of date, discontinued, or otherwise inaccurate, the Secretary may substitute other data sources to obtain the employment statistics described in those clauses, subject to the condition that the Secretary provides to Congress a report describing the new data source used by the Secretary. (g) Rural set-Aside (1) In general Of the amounts made available for each fiscal year to carry out this section, the Secretary shall ensure that not less than 20 percent is used to provide assistance to eligible recipients located in, or that serve, a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )), with a particular focus on rural areas that are located in distressed or underserved communities. (2) Waiver If there are not sufficient qualified eligible recipients located in, or that serve, a rural area (as so defined), to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. (h) Native American set-Aside (1) In general Of the amounts made available for each fiscal year to carry out this section, the Secretary shall ensure that not less than 5 percent is used to provide assistance to eligible recipients that are Indian tribes, tribal organizations (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), and Native Hawaiian organizations (as defined in that section). (2) Waiver If there are not sufficient qualified eligible recipients that are Indian tribes, tribal organizations (as so defined), or Native Hawaiian organizations (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. 8. Tourism marketing (a) Declaration Section 2(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121(b) ) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) tourism marketing is an economic development tool used by communities for economic development and should be considered an eligible use of economic development funding awarded by the Federal Government through the Economic Development Administration.. (b) Grants for economic adjustment Section 209(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149(a) ) (as amended by section 3(b)(2)) is amended by inserting travel promotion (including funding for tourism marketing, marketing research, purchasing advertisements, and attracting business meetings or convention travel), after 208(a)),. 9. Economic distress formula Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall review the economic distress formula under section 301 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161 ) and submit to Congress a report that includes— (1) recommendations for modifications to the formula to ensure that all areas, including distressed areas, are eligible to receive a higher percentage of Federal funding than those areas currently are eligible to receive; (2) a recommendation on whether to reduce the non-Federal share for projects carried out with grants under that Act ( 42 U.S.C. 3121 et seq. ); and (3) an analysis of the financial limitations of eligible recipients located within high-density public land counties (as defined in section 7(a)) in accessing Economic Development Administration funding opportunities. 10. High-density public land counties (a) Definition of high-Density public land county In this section, the term high-density public land county means a county (or equivalent jurisdiction) of a State, Indian Tribe, or territory of the United States— (1) that has a population of not more than 100,000 people, according to the most recent annual estimates of population by the Bureau of the Census; and (2) in which more than 50 percent of the land is owned or managed by the Federal Government (including land held in trust by the United States for the benefit of an Indian Tribe). (b) Requirement For purposes of providing assistance under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) (including sections 209 and 301 of that Act ( 42 U.S.C. 3149 , 3161)) and other programs of the Economic Development Administration, a high-density public land county shall be considered to be— (1) an area with a special need arising from actual or threatened severe unemployment or economic adjustment problems resulting from severe changes in economic conditions; (2) a distressed area; and (3) an underserved area. 11. Office of Rural and Native American Economic Development (a) In general Title V of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3191 et seq. ) is amended by adding at the end the following: 508. Office of Rural and Native American Economic Development (a) Establishment There is established within the Economic Development Administration an Office of Rural and Native American Economic Development (referred to in this section as the Office ). (b) Under Secretaries (1) In general The Office shall be jointly headed by— (A) a Deputy Under Secretary for Rural Economic Development; and (B) a Deputy Under Secretary for Native American Economic Development. (2) Dedicated staffs (A) In general (i) Deputy Under Secretary for Rural Economic Development The Secretary shall ensure that the Deputy Under Secretary for Rural Economic Development has a dedicated staff to carry out the purposes of the Office with respect to rural communities. (ii) Deputy Under Secretary for Native American Economic Development The Secretary shall ensure that the Deputy Under Secretary for Native American Economic Development has a dedicated staff to carry out the purposes of the Office with respect to tribal communities. (B) Existing staff and personnel (i) In general For purposes of carrying out clauses (i) and (ii) of subparagraph (A), the Secretary may reorganize and redesignate existing positions or staffing within the Economic Development Administration. (ii) Website Any existing personnel reorganized or redesignated under clause (i) shall be recognized on the website of the Economic Development Administration. (c) Purpose The purpose of the Office shall be— (1) to coordinate all rural and Native American economic development activities carried out by the Secretary; (2) to provide resources to help rural and Native American communities access economic development assistance programs, including the grants provided by this Act; (3) (A) to develop rural and tribal economic development strategies and efforts, including the strategies for rural and Native American economic development described in subsection (d); and (B) to coordinate those strategies and efforts with other Federal agencies, including the Office of Rural Development of the Department of Agriculture and the Bureau of Indian Affairs; and (4) to be a participant in any negotiated rulemakings, or consultations relating to, or having an impact on, projects, programs, or funding that benefit rural or Native American communities. (d) Strategies for rural and Native American economic development (1) In general The Office shall, in consultation with rural communities, develop a strategy for rural economic development and, in consultation with Native American communities, develop a strategy for Native American economic development, which shall each, as applicable— (A) identify the most pressing priorities and challenges of the United States in promoting rural and Native American prosperity during the 10-year period beginning on the date of enactment of the INVEST in Our Communities Act ; (B) describe the policy actions that will be taken by the Economic Development Administration, and any other Federal agency implementing rural and Native American economic development programs, if applicable, to accelerate and support social and economic prosperity in rural and tribal areas; and (C) identify opportunities to partner with other Federal agencies or across Federal agencies and programs to address the priorities and challenges identified under subparagraph (A). (2) Submission to Congress The Office shall submit to the Committees on Agriculture, Nutrition, and Forestry, Environment and Public Works, and Indian Affairs of the Senate and the Committees on Agriculture, Transportation and Infrastructure, and Natural Resources of the House of Representatives the strategies for rural economic development and Native American economic development developed under paragraph (1). (e) Outreach (1) In general The Under Secretaries shall establish within the Office a public gateway to help provide a comprehensive, single source of information for civic leaders, economic development professionals, businesses, and individuals in rural and Native American communities to better understand and access programs that support economic development in those communities, including the economic development programs administered by Federal agencies or departments other than the Department. (2) Inclusions In carrying out this subsection, the Under Secretaries shall include the following activities: (A) Hotline The Office shall establish a telephone hotline to offer information and answer questions about Federal programs to assist rural and Native American communities, including the grants provided under this Act and programs offered by other Federal agencies. (B) Website and electronic mail The Office shall establish a website and electronic mail portal through which to offer information and answer questions about Federal programs to assist rural and tribal communities, including the grants provided under this Act and programs offered by other Federal agencies, to civic leaders, economic development professionals, businesses, and individuals in rural and tribal communities. (C) Outreach and support materials The Office shall develop printed and electronic outreach and support materials that offer information and answer questions about Federal programs to assist rural and Native American communities, including the grants provided under this Act and programs offered by other Federal agencies, to civic leaders, economic development professionals, businesses, and individuals in rural and Native American communities. (D) Other outreach activities The Office may carry out additional activities that offer information and answer questions about Federal programs to assist rural and Native American communities. (3) Existing efforts The outreach efforts and activities described in paragraphs (1) and (2) shall be in coordination with existing efforts and activities of the rural development mission area Department of Agriculture and the Bureau of Indian Affairs. (f) Dedicated staff The Secretary shall ensure that the Office has sufficient staff where appropriate, including in each regional office of the Economic Development Administration, to carry out all outreach activities under subsection (e) in rural and Native American communities.. (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597) is amended by inserting after the item relating to section 507 the following: Sec. 508. Office of Rural and Native American Economic Development.. 508. Office of Rural and Native American Economic Development (a) Establishment There is established within the Economic Development Administration an Office of Rural and Native American Economic Development (referred to in this section as the Office ). (b) Under Secretaries (1) In general The Office shall be jointly headed by— (A) a Deputy Under Secretary for Rural Economic Development; and (B) a Deputy Under Secretary for Native American Economic Development. (2) Dedicated staffs (A) In general (i) Deputy Under Secretary for Rural Economic Development The Secretary shall ensure that the Deputy Under Secretary for Rural Economic Development has a dedicated staff to carry out the purposes of the Office with respect to rural communities. (ii) Deputy Under Secretary for Native American Economic Development The Secretary shall ensure that the Deputy Under Secretary for Native American Economic Development has a dedicated staff to carry out the purposes of the Office with respect to tribal communities. (B) Existing staff and personnel (i) In general For purposes of carrying out clauses (i) and (ii) of subparagraph (A), the Secretary may reorganize and redesignate existing positions or staffing within the Economic Development Administration. (ii) Website Any existing personnel reorganized or redesignated under clause (i) shall be recognized on the website of the Economic Development Administration. (c) Purpose The purpose of the Office shall be— (1) to coordinate all rural and Native American economic development activities carried out by the Secretary; (2) to provide resources to help rural and Native American communities access economic development assistance programs, including the grants provided by this Act; (3) (A) to develop rural and tribal economic development strategies and efforts, including the strategies for rural and Native American economic development described in subsection (d); and (B) to coordinate those strategies and efforts with other Federal agencies, including the Office of Rural Development of the Department of Agriculture and the Bureau of Indian Affairs; and (4) to be a participant in any negotiated rulemakings, or consultations relating to, or having an impact on, projects, programs, or funding that benefit rural or Native American communities. (d) Strategies for rural and Native American economic development (1) In general The Office shall, in consultation with rural communities, develop a strategy for rural economic development and, in consultation with Native American communities, develop a strategy for Native American economic development, which shall each, as applicable— (A) identify the most pressing priorities and challenges of the United States in promoting rural and Native American prosperity during the 10-year period beginning on the date of enactment of the INVEST in Our Communities Act ; (B) describe the policy actions that will be taken by the Economic Development Administration, and any other Federal agency implementing rural and Native American economic development programs, if applicable, to accelerate and support social and economic prosperity in rural and tribal areas; and (C) identify opportunities to partner with other Federal agencies or across Federal agencies and programs to address the priorities and challenges identified under subparagraph (A). (2) Submission to Congress The Office shall submit to the Committees on Agriculture, Nutrition, and Forestry, Environment and Public Works, and Indian Affairs of the Senate and the Committees on Agriculture, Transportation and Infrastructure, and Natural Resources of the House of Representatives the strategies for rural economic development and Native American economic development developed under paragraph (1). (e) Outreach (1) In general The Under Secretaries shall establish within the Office a public gateway to help provide a comprehensive, single source of information for civic leaders, economic development professionals, businesses, and individuals in rural and Native American communities to better understand and access programs that support economic development in those communities, including the economic development programs administered by Federal agencies or departments other than the Department. (2) Inclusions In carrying out this subsection, the Under Secretaries shall include the following activities: (A) Hotline The Office shall establish a telephone hotline to offer information and answer questions about Federal programs to assist rural and Native American communities, including the grants provided under this Act and programs offered by other Federal agencies. (B) Website and electronic mail The Office shall establish a website and electronic mail portal through which to offer information and answer questions about Federal programs to assist rural and tribal communities, including the grants provided under this Act and programs offered by other Federal agencies, to civic leaders, economic development professionals, businesses, and individuals in rural and tribal communities. (C) Outreach and support materials The Office shall develop printed and electronic outreach and support materials that offer information and answer questions about Federal programs to assist rural and Native American communities, including the grants provided under this Act and programs offered by other Federal agencies, to civic leaders, economic development professionals, businesses, and individuals in rural and Native American communities. (D) Other outreach activities The Office may carry out additional activities that offer information and answer questions about Federal programs to assist rural and Native American communities. (3) Existing efforts The outreach efforts and activities described in paragraphs (1) and (2) shall be in coordination with existing efforts and activities of the rural development mission area Department of Agriculture and the Bureau of Indian Affairs. (f) Dedicated staff The Secretary shall ensure that the Office has sufficient staff where appropriate, including in each regional office of the Economic Development Administration, to carry out all outreach activities under subsection (e) in rural and Native American communities. 12. Flexible hiring and disaster authorities (a) In general Title V of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3191 et seq. ) (as amended by section 11(a)) is amended by adding at the end the following: 509. Flexible hiring and disaster authorities (a) Appointment and compensation authorities (1) In general The Secretary may appoint and fix the compensation of such temporary personnel as may be necessary to carry out this Act and to implement post-disaster economic recovery responsibilities, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, governing appointments in competitive service and compensation of personnel. (2) Appointment to position within EDA Notwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Secretary may convert a temporary employee appointed under paragraph (1) to a permanent appointment in the competitive service in the Economic Development Administration under merit promotion procedures if— (A) the employee has served continuously in that appointment for not less than 2 years; and (B) the performance of the employee has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (A). (b) Disaster team (1) Establishment As soon as practicable after the date of enactment of the INVEST in Our Communities Act , the Secretary shall establish a disaster team for the deployment of individuals to carry out post-disaster economic recovery efforts after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and an agency has been activated by the Federal Emergency Management Agency. (2) Membership (A) Designation of staff As soon as practicable after the date of enactment of the INVEST in Our Communities Act , the Secretary shall designate to serve on the disaster team, in conjunction with staff of the Department— (i) employees of the Department who are not employees of the agency; and (ii) in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate. (B) Capabilities In designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient number of— (i) individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and (ii) in conjunction with permanent agency staff, highly trained individuals employed full-time to lead and manage the disaster team. (3) Training The Secretary shall ensure that appropriate and ongoing training is provided to members of the disaster team designed under paragraph (2) to ensure that the members are adequately trained with respect to the programs and policies of the agency relating to post-disaster economic recovery efforts. (4) Expenses In carrying out this subsection, the Secretary may— (A) use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) to direct Federal agencies in any major disaster or emergency declared under that Act; and (B) provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, relating to service as a member of the disaster team.. (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597) (as amended by section 11(b)) is amended by inserting after the item relating to section 508 the following: Sec. 509. Flexible hiring and disaster authorities.. 509. Flexible hiring and disaster authorities (a) Appointment and compensation authorities (1) In general The Secretary may appoint and fix the compensation of such temporary personnel as may be necessary to carry out this Act and to implement post-disaster economic recovery responsibilities, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, governing appointments in competitive service and compensation of personnel. (2) Appointment to position within EDA Notwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Secretary may convert a temporary employee appointed under paragraph (1) to a permanent appointment in the competitive service in the Economic Development Administration under merit promotion procedures if— (A) the employee has served continuously in that appointment for not less than 2 years; and (B) the performance of the employee has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (A). (b) Disaster team (1) Establishment As soon as practicable after the date of enactment of the INVEST in Our Communities Act , the Secretary shall establish a disaster team for the deployment of individuals to carry out post-disaster economic recovery efforts after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and an agency has been activated by the Federal Emergency Management Agency. (2) Membership (A) Designation of staff As soon as practicable after the date of enactment of the INVEST in Our Communities Act , the Secretary shall designate to serve on the disaster team, in conjunction with staff of the Department— (i) employees of the Department who are not employees of the agency; and (ii) in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate. (B) Capabilities In designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient number of— (i) individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and (ii) in conjunction with permanent agency staff, highly trained individuals employed full-time to lead and manage the disaster team. (3) Training The Secretary shall ensure that appropriate and ongoing training is provided to members of the disaster team designed under paragraph (2) to ensure that the members are adequately trained with respect to the programs and policies of the agency relating to post-disaster economic recovery efforts. (4) Expenses In carrying out this subsection, the Secretary may— (A) use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) to direct Federal agencies in any major disaster or emergency declared under that Act; and (B) provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, relating to service as a member of the disaster team. 13. COVID-era funding availability Notwithstanding any other provision of law, any amounts made available to carry out the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) during the period during which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19 is in effect shall be available for obligation until September 30, 2030. 14. Funding for HOST grants (a) In general Title VII of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3231 et seq. ) is amended by adding at the end the following: 705. Funding for HOST grants Of the amounts made available under section 701(a) for each of fiscal years 2023 through 2027, $100,000,000 shall be used to carry out section 219, of which 3 percent shall be used for the administrative costs of carrying out that section, including for maintaining the formula described in subsection (f)(2) of that section.. (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1772) is amended by inserting after the item relating to section 704 the following: Sec. 705. Funding for HOST grants.. 705. Funding for HOST grants Of the amounts made available under section 701(a) for each of fiscal years 2023 through 2027, $100,000,000 shall be used to carry out section 219, of which 3 percent shall be used for the administrative costs of carrying out that section, including for maintaining the formula described in subsection (f)(2) of that section. 15. Set asides (a) In general Title VII of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3231 et seq. ) (as amended by section 11(a)) is amended by adding at the end the following: 706. Requirements for the use of funds (a) Planning assistance (1) In general Of the amounts made available for each fiscal year under section 701(a), the Secretary shall set aside an amount equal to 5 percent to provide assistance to eligible recipients for the development of a comprehensive economic development strategy. (2) Federal share The Federal share of the cost of an activity carried out with assistance under paragraph (1) shall be not less than 80 percent. (b) Technical and operational assistance Of the amounts made available for each fiscal year under section 701(a), the Secretary shall set aside an amount equal to 5 percent to provide to eligible recipients technical and operational capacity assistance to prepare those eligible recipients to better access Federal funding from the Economic Development Administration and other sources. (c) Rural set-Aside (1) In general Of the amounts made available for each fiscal year under section 701(a), the Secretary shall ensure that not less than 15 percent is used to provide assistance to eligible recipients located in, or that serve, a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )). (2) Waiver If there are not sufficient qualified eligible recipients located in, or that serve, a rural area (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. (d) Maximum grant amounts The Secretary shall consider increasing maximum grant amounts set by the Secretary and increasing the average amount of funds distributed per grant provided under this Act to increase the impact of those investments. (e) Native American set-Aside (1) In general Of the amounts made available for each fiscal year under section 701(a), the Secretary shall ensure that not less than 5 percent is used to provide assistance to eligible recipients that are Indian tribes, tribal organizations (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), and Native Hawaiian organizations (as defined in that section). (2) Waiver If there are not sufficient qualified eligible recipients that are Indian tribes, tribal organizations (as so defined), or Native Hawaiian organizations (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph.. (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (79 Stat. 552; 112 Stat. 3597; 118 Stat. 1772) (as amended by section 11(b)) is amended by inserting after the item relating to section 705 the following: Sec. 706. Requirements for the use of funds.. 706. Requirements for the use of funds (a) Planning assistance (1) In general Of the amounts made available for each fiscal year under section 701(a), the Secretary shall set aside an amount equal to 5 percent to provide assistance to eligible recipients for the development of a comprehensive economic development strategy. (2) Federal share The Federal share of the cost of an activity carried out with assistance under paragraph (1) shall be not less than 80 percent. (b) Technical and operational assistance Of the amounts made available for each fiscal year under section 701(a), the Secretary shall set aside an amount equal to 5 percent to provide to eligible recipients technical and operational capacity assistance to prepare those eligible recipients to better access Federal funding from the Economic Development Administration and other sources. (c) Rural set-Aside (1) In general Of the amounts made available for each fiscal year under section 701(a), the Secretary shall ensure that not less than 15 percent is used to provide assistance to eligible recipients located in, or that serve, a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )). (2) Waiver If there are not sufficient qualified eligible recipients located in, or that serve, a rural area (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. (d) Maximum grant amounts The Secretary shall consider increasing maximum grant amounts set by the Secretary and increasing the average amount of funds distributed per grant provided under this Act to increase the impact of those investments. (e) Native American set-Aside (1) In general Of the amounts made available for each fiscal year under section 701(a), the Secretary shall ensure that not less than 5 percent is used to provide assistance to eligible recipients that are Indian tribes, tribal organizations (as defined in section 3 of the NATIVE Act ( 25 U.S.C. 4352 )), and Native Hawaiian organizations (as defined in that section). (2) Waiver If there are not sufficient qualified eligible recipients that are Indian tribes, tribal organizations (as so defined), or Native Hawaiian organizations (as so defined) to carry out paragraph (1), the Secretary may waive the requirement under that paragraph. 16. Cost sharing Section 204 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking subsection (c) and inserting this section ; and (B) in paragraph (2)(A), by striking 30 percent and inserting 40 percent ; and (2) by adding at the end the following: (d) High-Density public land counties In the case of a grant under this Act to an eligible recipient that is located in or that serves a high-density public land county (as defined in section 7(a) of the INVEST in Our Communities Act ), the Secretary shall— (1) reduce the non-Federal share of the cost of the project carried out with the grant by 50 percent; (2) provide to the eligible recipient direct and expanded technical assistance to improve applications from high-density public land counties (as so defined); and (3) allow the eligible recipient to provide any required non-Federal share in the form of in-kind contributions. (e) Communities affected by disasters In the case of a grant under section 209(c)(2), the Federal share of the cost of a project carried out with the grant shall be 100 percent. (f) COVID-Era funding (1) In general In the case of a project carried out with a grant under this Act made on or after the date of enactment of the INVEST in Our Communities Act from amounts made available during the period during which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19 is in effect, the Federal share of the cost of the project shall be not less than 90 percent. (2) Certain areas The Secretary shall consider increasing the Federal share set by the Secretary under paragraph (1) to be 100 percent of the cost of the project if the project is to be carried out in an area that is experiencing, in the determination of the Secretary, lasting economic impacts as a result of the COVID–19 pandemic..
64,302
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117
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2,593
is
To amend the Higher Education Act of 1965 to improve Federal oversight of foreign funding in education.
[ { "text": "1. Short title \nThis Act may be cited as the Greater Insight into Foreign Transactions in Higher Education Act of 2021 or the GIFTs in Higher Education Act.", "id": "S1", "header": "Short title" }, { "text": "2. Federal oversight of foreign funding in education \nSection 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended— (1) in subsection (a), by inserting , including a member of the faculty, professional staff, or other staff engaged in research and development, after Whenever any institution ; (2) by redesignating subsections (b) through (g), and subsection (h), as subsections (c) through (h), and subsection (k), respectively; (3) by inserting after subsection (a) the following: (b) Disclosures of gifts and contracts from designated foreign adversary sources \n(1) In general \nNotwithstanding subsection (a), whenever any institution, including a member of the faculty, professional staff, or other staff engaged in research and development, receives a gift from or enters into a contract with a designated foreign adversary source, the value of which is $50,000 or more, considered alone or in combination with all other gifts from or contracts with that designated foreign adversary source within a calendar year, the institution shall file a disclosure report with the Secretary not later than 30 days after the date of the receipt of the gift or entry into the contract. (2) List of designated foreign adversary sources \nIn consultation with Congress, the Secretary of State may add countries to the list of adversarial foreign governments in subsection (k) but may not remove countries from that list. ; (4) in subsection (d) (as redesignated), by striking subsection (b) and inserting subsection (c) ; (5) in subsection (e) (as redesignated), by striking subsection (a) each place it appears and inserting subsection (a) or (b) ; (6) in subsection (k) (as redesignated)— (A) by redesignating paragraph (1) and paragraphs (2) through (5) as paragraph 2 and paragraphs (4) through (7), respectively; (B) by inserting before paragraph (2) (as redesignated) the following: (1) the term adversarial foreign government means— (A) the People's Republic of China; (B) the Russian Federation; (C) the Democratic People's Republic of Korea; (D) the Islamic Republic of Iran; (E) the Republic of Cuba; (F) the Syrian Arab Republic; (G) the regime of Nicolás Maduro in Venezuela; and (H) the government of any other country designated as an adversarial foreign government for purposes of this section by the Secretary of State, in accordance with subsection (b)(2); ; and (C) by inserting after paragraph (2) (as redesignated) the following: (3) the term designated foreign adversary source means— (A) an adversarial foreign government, including an agency of an adversarial foreign government; (B) a legal entity, governmental or otherwise, organized solely under the laws of a country described in paragraph (1); (C) an individual who is a citizen or national of such a country; and (D) an agent, including a subsidiary or affiliate of a legal entity of an adversarial foreign government, acting on behalf of an adversarial foreign government; ; and (7) by inserting after subsection (h) (as redesignated) the following: (i) Publication of foreign gift disclosures \n(1) Disclosure of gifts or contracts from foreign sources \nNot later than 30 days after the deadline for submission of a disclosure report under subsection (a), the Secretary shall make the contents of the disclosure report available online. (2) Disclosure of gifts or contracts from designated foreign adversary sources \nNot later than 30 days after receipt of a disclosure report submitted under subsection (b), the Secretary shall make the contents of the disclosure report available online. (j) Agency coordination \nThe Secretary shall coordinate with other Federal agencies, as appropriate, to ensure that other Federal agencies have access to disclosure reports submitted under this section and any information or documentation relating to disclosure reports submitted under this section..", "id": "id0F34375EE8664B0BB8BD72BB455F8744", "header": "Federal oversight of foreign funding in education" }, { "text": "3. Ensuring compliance with reporting requirements \n(a) In general \nEach Federal agency shall ensure that no Federal funds under the jurisdiction of that agency are distributed to an institution that is knowingly or willfully in violation of section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), as determined by the head of the relevant agency. (b) Department of Education \nAn institution that is knowingly or willfully in violation of section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), as determined by the Secretary of Education, shall not be eligible to receive Federal funds distributed by the Department of Education, except funds provided under title IV of the Higher Education Act of 1965. (c) Definition of institution \nIn this section, the term institution has the meaning given that term in section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ).", "id": "id4B203D60BD8F41A482F27C7266057595", "header": "Ensuring compliance with reporting requirements" }, { "text": "4. Effective date \nThis Act and the amendments made by this Act take effect on June 30 of the year following the year of enactment of this Act.", "id": "id1F9D94732A144549B9EFCD61DBAEB557", "header": "Effective date" } ]
4
1. Short title This Act may be cited as the Greater Insight into Foreign Transactions in Higher Education Act of 2021 or the GIFTs in Higher Education Act. 2. Federal oversight of foreign funding in education Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended— (1) in subsection (a), by inserting , including a member of the faculty, professional staff, or other staff engaged in research and development, after Whenever any institution ; (2) by redesignating subsections (b) through (g), and subsection (h), as subsections (c) through (h), and subsection (k), respectively; (3) by inserting after subsection (a) the following: (b) Disclosures of gifts and contracts from designated foreign adversary sources (1) In general Notwithstanding subsection (a), whenever any institution, including a member of the faculty, professional staff, or other staff engaged in research and development, receives a gift from or enters into a contract with a designated foreign adversary source, the value of which is $50,000 or more, considered alone or in combination with all other gifts from or contracts with that designated foreign adversary source within a calendar year, the institution shall file a disclosure report with the Secretary not later than 30 days after the date of the receipt of the gift or entry into the contract. (2) List of designated foreign adversary sources In consultation with Congress, the Secretary of State may add countries to the list of adversarial foreign governments in subsection (k) but may not remove countries from that list. ; (4) in subsection (d) (as redesignated), by striking subsection (b) and inserting subsection (c) ; (5) in subsection (e) (as redesignated), by striking subsection (a) each place it appears and inserting subsection (a) or (b) ; (6) in subsection (k) (as redesignated)— (A) by redesignating paragraph (1) and paragraphs (2) through (5) as paragraph 2 and paragraphs (4) through (7), respectively; (B) by inserting before paragraph (2) (as redesignated) the following: (1) the term adversarial foreign government means— (A) the People's Republic of China; (B) the Russian Federation; (C) the Democratic People's Republic of Korea; (D) the Islamic Republic of Iran; (E) the Republic of Cuba; (F) the Syrian Arab Republic; (G) the regime of Nicolás Maduro in Venezuela; and (H) the government of any other country designated as an adversarial foreign government for purposes of this section by the Secretary of State, in accordance with subsection (b)(2); ; and (C) by inserting after paragraph (2) (as redesignated) the following: (3) the term designated foreign adversary source means— (A) an adversarial foreign government, including an agency of an adversarial foreign government; (B) a legal entity, governmental or otherwise, organized solely under the laws of a country described in paragraph (1); (C) an individual who is a citizen or national of such a country; and (D) an agent, including a subsidiary or affiliate of a legal entity of an adversarial foreign government, acting on behalf of an adversarial foreign government; ; and (7) by inserting after subsection (h) (as redesignated) the following: (i) Publication of foreign gift disclosures (1) Disclosure of gifts or contracts from foreign sources Not later than 30 days after the deadline for submission of a disclosure report under subsection (a), the Secretary shall make the contents of the disclosure report available online. (2) Disclosure of gifts or contracts from designated foreign adversary sources Not later than 30 days after receipt of a disclosure report submitted under subsection (b), the Secretary shall make the contents of the disclosure report available online. (j) Agency coordination The Secretary shall coordinate with other Federal agencies, as appropriate, to ensure that other Federal agencies have access to disclosure reports submitted under this section and any information or documentation relating to disclosure reports submitted under this section.. 3. Ensuring compliance with reporting requirements (a) In general Each Federal agency shall ensure that no Federal funds under the jurisdiction of that agency are distributed to an institution that is knowingly or willfully in violation of section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), as determined by the head of the relevant agency. (b) Department of Education An institution that is knowingly or willfully in violation of section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), as determined by the Secretary of Education, shall not be eligible to receive Federal funds distributed by the Department of Education, except funds provided under title IV of the Higher Education Act of 1965. (c) Definition of institution In this section, the term institution has the meaning given that term in section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ). 4. Effective date This Act and the amendments made by this Act take effect on June 30 of the year following the year of enactment of this Act.
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is
To ensure that veterans receive timely and effective emergency treatment during the COVID–19 emergency, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Emergency Care for Veterans During COVID Act.", "id": "idF019BBE263B24E1B8816700F855B0459", "header": "Short title" }, { "text": "2. Emergency treatment for veterans during COVID–19 emergency period \n(a) Emergency treatment \nNotwithstanding section 1725 or 1728 of title 38, United States Code, or any other provision of law administered by the Secretary of Veterans Affairs pertaining to furnishing emergency treatment to veterans at non-Department facilities, during the period of a covered public health emergency, the Secretary of Veterans Affairs shall furnish to an eligible veteran emergency treatment at a non-Department facility in accordance with this section. (b) Authorization not required \nThe Secretary may not require an eligible veteran to seek authorization by the Secretary for emergency treatment furnished to the veteran pursuant to subsection (a). (c) Payment rates \n(1) Determination \nThe rate paid for emergency treatment furnished to eligible veterans pursuant to subsection (a) shall be equal to the rate paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) )) or a supplier (as defined in section 1861(d) of such Act ( 42 U.S.C. 1395x(d) )) under the Medicare program under title XI or title XVIII of the Social Security Act ( 42 U.S.C. 1301 et seq.), including section 1834 of such Act ( 42 U.S.C. 1395m ), for the same treatment. (2) Finality \nA payment in the amount payable under paragraph (1) for emergency treatment furnished to an eligible veteran pursuant to subsection (a) shall be considered payment in full and shall extinguish the liability of the veteran to the provider of such treatment, unless the provider rejects the payment and refunds to the United States such amount by not later than 30 days after receiving the payment. (d) Claims processed by third-Party administrators \n(1) Requirement \nNot later than 30 days after the date of the enactment of this Act, the Secretary shall seek to award a contract to one or more entities, or to modify an existing contract, to process claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a). (2) Prompt payment standard \nSection 1703D of title 38, United States Code, shall apply with respect to claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a). (e) Primary payer \n(1) In general \nThe Secretary shall be the primary payer with respect to emergency treatment furnished to eligible veterans pursuant to subsection (a) and with respect to the transportation of a veteran by ambulance in connection with such emergency treatment. (2) Recovery of reasonable charges \nIn any case in which an eligible veteran is furnished emergency treatment pursuant to subsection (a) for a non-service-connected disability described in subsection (a)(2) of section 1729 of title 38, United States Code, the Secretary shall recover or collect reasonable charges for such treatment from a health-plan contract described in subsection (i) of such section in accordance with such section. (f) Application \nThis section shall apply to emergency treatment furnished to eligible veterans during the period of a covered public health emergency, regardless of whether the treatment was furnished before the date of the enactment of this Act. (g) Definitions \nIn this section: (1) The term covered public health emergency means the declaration— (A) of a public health emergency, based on an outbreak of COVID–19, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); or (B) of a domestic emergency, based on an outbreak of COVID–19, by the President, the Secretary of Homeland Security, or a State or local authority. (2) The term eligible veteran means a veteran enrolled in the system of patient enrollment of the Department of Veterans Affairs established under section 1705(a) of title 38, United States Code. (3) The term emergency treatment means medical care or services rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health. (4) The term non-Department facility has the meaning given that term in section 1701 of title 38, United States Code.", "id": "H20A672B6C7014E12B1AE591A69AD4F07", "header": "Emergency treatment for veterans during COVID–19 emergency period" } ]
2
1. Short title This Act may be cited as the Emergency Care for Veterans During COVID Act. 2. Emergency treatment for veterans during COVID–19 emergency period (a) Emergency treatment Notwithstanding section 1725 or 1728 of title 38, United States Code, or any other provision of law administered by the Secretary of Veterans Affairs pertaining to furnishing emergency treatment to veterans at non-Department facilities, during the period of a covered public health emergency, the Secretary of Veterans Affairs shall furnish to an eligible veteran emergency treatment at a non-Department facility in accordance with this section. (b) Authorization not required The Secretary may not require an eligible veteran to seek authorization by the Secretary for emergency treatment furnished to the veteran pursuant to subsection (a). (c) Payment rates (1) Determination The rate paid for emergency treatment furnished to eligible veterans pursuant to subsection (a) shall be equal to the rate paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) )) or a supplier (as defined in section 1861(d) of such Act ( 42 U.S.C. 1395x(d) )) under the Medicare program under title XI or title XVIII of the Social Security Act ( 42 U.S.C. 1301 et seq.), including section 1834 of such Act ( 42 U.S.C. 1395m ), for the same treatment. (2) Finality A payment in the amount payable under paragraph (1) for emergency treatment furnished to an eligible veteran pursuant to subsection (a) shall be considered payment in full and shall extinguish the liability of the veteran to the provider of such treatment, unless the provider rejects the payment and refunds to the United States such amount by not later than 30 days after receiving the payment. (d) Claims processed by third-Party administrators (1) Requirement Not later than 30 days after the date of the enactment of this Act, the Secretary shall seek to award a contract to one or more entities, or to modify an existing contract, to process claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a). (2) Prompt payment standard Section 1703D of title 38, United States Code, shall apply with respect to claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a). (e) Primary payer (1) In general The Secretary shall be the primary payer with respect to emergency treatment furnished to eligible veterans pursuant to subsection (a) and with respect to the transportation of a veteran by ambulance in connection with such emergency treatment. (2) Recovery of reasonable charges In any case in which an eligible veteran is furnished emergency treatment pursuant to subsection (a) for a non-service-connected disability described in subsection (a)(2) of section 1729 of title 38, United States Code, the Secretary shall recover or collect reasonable charges for such treatment from a health-plan contract described in subsection (i) of such section in accordance with such section. (f) Application This section shall apply to emergency treatment furnished to eligible veterans during the period of a covered public health emergency, regardless of whether the treatment was furnished before the date of the enactment of this Act. (g) Definitions In this section: (1) The term covered public health emergency means the declaration— (A) of a public health emergency, based on an outbreak of COVID–19, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); or (B) of a domestic emergency, based on an outbreak of COVID–19, by the President, the Secretary of Homeland Security, or a State or local authority. (2) The term eligible veteran means a veteran enrolled in the system of patient enrollment of the Department of Veterans Affairs established under section 1705(a) of title 38, United States Code. (3) The term emergency treatment means medical care or services rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health. (4) The term non-Department facility has the meaning given that term in section 1701 of title 38, United States Code.
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117s1518is
117
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1,518
is
To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize appropriations for the United States-Israel Binational Agricultural Research and Development Fund.
[ { "text": "1. United States-Israel Binational Agricultural Research and Development Fund \nSection 1458(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3291(e) ) is amended— (1) in paragraph (1), by striking entered into and inserting as entered into in 1977 ; and (2) by adding at the end the following: (3) Authorization of appropriations \nThere are authorized to be appropriated to the BARD Fund such sums as are necessary to carry out activities under this subsection for each fiscal year..", "id": "idDE2994BC05E0445D936F6A438934C557", "header": "United States-Israel Binational Agricultural Research and Development Fund" } ]
1
1. United States-Israel Binational Agricultural Research and Development Fund Section 1458(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3291(e) ) is amended— (1) in paragraph (1), by striking entered into and inserting as entered into in 1977 ; and (2) by adding at the end the following: (3) Authorization of appropriations There are authorized to be appropriated to the BARD Fund such sums as are necessary to carry out activities under this subsection for each fiscal year..
530
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117
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1,629
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To require the Secretary of Transportation to carry out a pilot program to develop and provide to States and transportation planning organizations accessibility data sets, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Connecting Opportunities through Mobility Metrics and Unlocking Transportation Efficiencies Act or the COMMUTE Act.", "id": "S1", "header": "Short title" }, { "text": "2. Accessibility data pilot program \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary ) shall establish an accessibility data pilot program (referred to in this section as the pilot program ). (b) Purpose \nThe purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program to improve the transportation planning of those eligible entities by— (1) measuring the level of access by multiple transportation modes to important destinations, which may include— (A) jobs, including areas with a concentration of available jobs; (B) health care facilities; (C) child care services; (D) educational and workforce training facilities; (E) affordable housing; (F) food sources; and (G) connections between modes, including connections to— (i) high-quality transit or rail service; (ii) safe bicycling corridors; and (iii) safe sidewalks that achieve compliance with applicable requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); (2) disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include— (A) low-income populations; (B) minority populations; (C) age; (D) disability; and (E) geographical location; (3) assessing the change in accessibility that would result from new transportation investments; and (4) providing data necessary to prioritize transportation investments that will improve access by all modes of travel. (c) Eligible entities \nAn entity eligible to participate in the pilot program is— (1) a State (as defined in section 101(a) of title 23, United States Code); (2) a metropolitan planning organization; or (3) a rural transportation planning organization. (d) Application \nTo be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to— (1) previous experience of the eligible entity measuring transportation access, especially in low-income, transit-dependent, or other high-needs communities, or other performance management experience; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; (4) a general description of the methodology the eligible entity intends to apply; (5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply; and (6) a description of how the eligible entity plans to use the data to improve access to jobs and services by all modes of travel, including for communities of color, low-income communities, people who are transit-dependent, and vulnerable road users. (e) Selection \n(1) In general \nThe Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include— (A) States; (B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; (C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and (D) rural transportation planning organizations. (2) Inclusions \nThe Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is— (A) a range of capacity and previous experience with measuring transportation access; and (B) a variety of proposed methodologies and focus areas for measuring level of access. (f) Duties \nFor each eligible entity participating in the pilot program, the Secretary shall— (1) develop or acquire an accessibility data set described in subsection (b); and (2) submit the data set to the eligible entity. (g) Methodology \nIn calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. (h) Availability \nThe Secretary shall make an accessibility data set under the pilot program available to— (1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and (2) researchers. (i) Report \nNot later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including— (1) the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities; and (2) an identification of specific actions the Secretary and eligible entities participating in the pilot program may take to further the use of accessibility data. (j) Funding \nThe Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. (k) Sunset \nThe pilot program shall terminate on the date that is 5 years after the date on which the pilot program is implemented.", "id": "id012cdedc18514a5697e8021b0bca6574", "header": "Accessibility data pilot program" } ]
2
1. Short title This Act may be cited as the Connecting Opportunities through Mobility Metrics and Unlocking Transportation Efficiencies Act or the COMMUTE Act. 2. Accessibility data pilot program (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary ) shall establish an accessibility data pilot program (referred to in this section as the pilot program ). (b) Purpose The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program to improve the transportation planning of those eligible entities by— (1) measuring the level of access by multiple transportation modes to important destinations, which may include— (A) jobs, including areas with a concentration of available jobs; (B) health care facilities; (C) child care services; (D) educational and workforce training facilities; (E) affordable housing; (F) food sources; and (G) connections between modes, including connections to— (i) high-quality transit or rail service; (ii) safe bicycling corridors; and (iii) safe sidewalks that achieve compliance with applicable requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); (2) disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include— (A) low-income populations; (B) minority populations; (C) age; (D) disability; and (E) geographical location; (3) assessing the change in accessibility that would result from new transportation investments; and (4) providing data necessary to prioritize transportation investments that will improve access by all modes of travel. (c) Eligible entities An entity eligible to participate in the pilot program is— (1) a State (as defined in section 101(a) of title 23, United States Code); (2) a metropolitan planning organization; or (3) a rural transportation planning organization. (d) Application To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to— (1) previous experience of the eligible entity measuring transportation access, especially in low-income, transit-dependent, or other high-needs communities, or other performance management experience; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; (4) a general description of the methodology the eligible entity intends to apply; (5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply; and (6) a description of how the eligible entity plans to use the data to improve access to jobs and services by all modes of travel, including for communities of color, low-income communities, people who are transit-dependent, and vulnerable road users. (e) Selection (1) In general The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include— (A) States; (B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; (C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and (D) rural transportation planning organizations. (2) Inclusions The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is— (A) a range of capacity and previous experience with measuring transportation access; and (B) a variety of proposed methodologies and focus areas for measuring level of access. (f) Duties For each eligible entity participating in the pilot program, the Secretary shall— (1) develop or acquire an accessibility data set described in subsection (b); and (2) submit the data set to the eligible entity. (g) Methodology In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. (h) Availability The Secretary shall make an accessibility data set under the pilot program available to— (1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and (2) researchers. (i) Report Not later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including— (1) the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities; and (2) an identification of specific actions the Secretary and eligible entities participating in the pilot program may take to further the use of accessibility data. (j) Funding The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. (k) Sunset The pilot program shall terminate on the date that is 5 years after the date on which the pilot program is implemented.
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To amend the Truth in Lending Act to establish a national usury rate for consumer credit transactions.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting Consumers from Unreasonable Credit Rates Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) attempts have been made to prohibit usurious interest rates in America since colonial times; (2) at the Federal level, in 2006, Congress enacted a Federal 36-percent annualized usury cap for servicemembers and their families for covered credit products, as defined by the Department of Defense, which curbed payday, car title, and tax refund lending around military bases; (3) notwithstanding such attempts to curb predatory lending, high-cost lending persists in all 50 States due to loopholes in State laws, safe harbor laws for specific forms of credit, and the exportation of unregulated interest rates permitted by preemption; (4) due to the lack of a comprehensive Federal usury cap, consumers have paid as much as approximately $14,000,000,000 on high-cost overdraft loans, $9,000,000,000 on storefront and online payday loans, $3,800,000,000 on car title loans, and additional amounts in unreported revenues on high-cost online installment loans; (5) cash-strapped consumers pay on average approximately 400-percent annual interest for payday loans, 300-percent annual interest for car title loans, 17,000 percent for bank overdraft loans, and triple-digit rates for online installment loans; (6) a national maximum interest rate that includes all forms of fees and closes all loopholes is necessary to eliminate such predatory lending; and (7) alternatives to predatory lending that encourage small dollar loans with minimal or no fees, installment payment schedules, and affordable repayment periods should be encouraged.", "id": "ID641ec0e4af2e4094bbc2701c3e28b607", "header": "Findings" }, { "text": "3. National maximum interest rate \nChapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by adding at the end the following: 140B. Maximum rates of interest \n(a) In general \nNotwithstanding any other provision of law, no creditor may make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. (b) Fee and interest rate defined \n(1) In general \nFor purposes of this section, the fee and interest rate includes all charges payable, directly or indirectly, incident to, ancillary to, or as a condition of the extension of credit, including— (A) any payment compensating a creditor or prospective creditor for— (i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability such as numerical periodic rates, annual fees, cash advance fees, and membership fees; or (ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; (B) all fees which constitute a finance charge, as defined by rules of the Bureau in accordance with this title; (C) credit insurance premiums, whether optional or required; and (D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. (2) Tolerances \n(A) In general \nWith respect to a credit obligation that is payable in at least 3 fully amortizing installments over at least 90 days, the term fee and interest rate does not include— (i) application or participation fees that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if— (I) such fees are excludable from the finance charge pursuant to section 106 and regulations issued thereunder; (II) such fees cover all credit extended or renewed by the creditor for 12 months; and (III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; (ii) a late fee charged as authorized by State law and by the agreement that does not exceed either $20 per late payment or $20 per month; or (iii) a creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds that does not exceed $15. (B) Adjustments for inflation \nThe Bureau may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and ensuring that the 36-percent fee and interest rate limitation is not circumvented. (c) Calculations \n(1) Open end credit plans \nFor an open end credit plan— (A) the fee and interest rate shall be calculated each month, based upon the sum of all fees and finance charges described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and (B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees and finance charges described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. (2) Other credit plans \nFor purposes of this section, in calculating the fee and interest rate, the Bureau shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the finance charge shall include all fees, charges, and payments described in subsection (b)(1) of this section. (3) Adjustments authorized \nThe Bureau may make adjustments to the calculations in paragraphs (1) and (2), but the primary goals of such adjustment shall be to protect consumers and to ensure that the 36-percent fee and interest rate limitation is not circumvented. (d) Definition of creditor \nAs used in this section, the term creditor has the same meaning as in section 702(e) of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a(e) ). (e) No exemptions permitted \nThe exemption authority of the Bureau under section 105 shall not apply to the rates established under this section or the disclosure requirements under section 127(b)(6). (f) Disclosure of fee and interest rate for credit other than open end credit plans \nIn addition to the disclosure requirements under section 127(b)(6), the Bureau may prescribe regulations requiring disclosure of the fee and interest rate established under this section. (g) Relation to State law \nNothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. (h) Civil liability and enforcement \nIn addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. (i) Violations \nAny person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of— (1) three times the amount of the total accrued debt associated with the subject transaction; or (2) $50,000. (j) State attorneys general \nAn action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief..", "id": "IDe03947963c414cb2bbad6f3ab8094770", "header": "National maximum interest rate" }, { "text": "140B. Maximum rates of interest \n(a) In general \nNotwithstanding any other provision of law, no creditor may make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. (b) Fee and interest rate defined \n(1) In general \nFor purposes of this section, the fee and interest rate includes all charges payable, directly or indirectly, incident to, ancillary to, or as a condition of the extension of credit, including— (A) any payment compensating a creditor or prospective creditor for— (i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability such as numerical periodic rates, annual fees, cash advance fees, and membership fees; or (ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; (B) all fees which constitute a finance charge, as defined by rules of the Bureau in accordance with this title; (C) credit insurance premiums, whether optional or required; and (D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. (2) Tolerances \n(A) In general \nWith respect to a credit obligation that is payable in at least 3 fully amortizing installments over at least 90 days, the term fee and interest rate does not include— (i) application or participation fees that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if— (I) such fees are excludable from the finance charge pursuant to section 106 and regulations issued thereunder; (II) such fees cover all credit extended or renewed by the creditor for 12 months; and (III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; (ii) a late fee charged as authorized by State law and by the agreement that does not exceed either $20 per late payment or $20 per month; or (iii) a creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds that does not exceed $15. (B) Adjustments for inflation \nThe Bureau may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and ensuring that the 36-percent fee and interest rate limitation is not circumvented. (c) Calculations \n(1) Open end credit plans \nFor an open end credit plan— (A) the fee and interest rate shall be calculated each month, based upon the sum of all fees and finance charges described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and (B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees and finance charges described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. (2) Other credit plans \nFor purposes of this section, in calculating the fee and interest rate, the Bureau shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the finance charge shall include all fees, charges, and payments described in subsection (b)(1) of this section. (3) Adjustments authorized \nThe Bureau may make adjustments to the calculations in paragraphs (1) and (2), but the primary goals of such adjustment shall be to protect consumers and to ensure that the 36-percent fee and interest rate limitation is not circumvented. (d) Definition of creditor \nAs used in this section, the term creditor has the same meaning as in section 702(e) of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a(e) ). (e) No exemptions permitted \nThe exemption authority of the Bureau under section 105 shall not apply to the rates established under this section or the disclosure requirements under section 127(b)(6). (f) Disclosure of fee and interest rate for credit other than open end credit plans \nIn addition to the disclosure requirements under section 127(b)(6), the Bureau may prescribe regulations requiring disclosure of the fee and interest rate established under this section. (g) Relation to State law \nNothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. (h) Civil liability and enforcement \nIn addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. (i) Violations \nAny person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of— (1) three times the amount of the total accrued debt associated with the subject transaction; or (2) $50,000. (j) State attorneys general \nAn action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief.", "id": "ID61c0acb8e2524ac9bf671137ab419658", "header": "Maximum rates of interest" }, { "text": "4. Disclosure of fee and interest rate for open end credit plans \nSection 127(b)(6) of the Truth in Lending Act ( 15 U.S.C. 1637(b)(6) ) is amended by striking the total finance charge expressed and all that follows through the end of the paragraph and inserting the fee and interest rate, displayed as FAIR , established under section 141..", "id": "idA70A9F868176480EBE05C542A8CA1E54", "header": "Disclosure of fee and interest rate for open end credit plans" } ]
5
1. Short title This Act may be cited as the Protecting Consumers from Unreasonable Credit Rates Act of 2021. 2. Findings Congress finds that— (1) attempts have been made to prohibit usurious interest rates in America since colonial times; (2) at the Federal level, in 2006, Congress enacted a Federal 36-percent annualized usury cap for servicemembers and their families for covered credit products, as defined by the Department of Defense, which curbed payday, car title, and tax refund lending around military bases; (3) notwithstanding such attempts to curb predatory lending, high-cost lending persists in all 50 States due to loopholes in State laws, safe harbor laws for specific forms of credit, and the exportation of unregulated interest rates permitted by preemption; (4) due to the lack of a comprehensive Federal usury cap, consumers have paid as much as approximately $14,000,000,000 on high-cost overdraft loans, $9,000,000,000 on storefront and online payday loans, $3,800,000,000 on car title loans, and additional amounts in unreported revenues on high-cost online installment loans; (5) cash-strapped consumers pay on average approximately 400-percent annual interest for payday loans, 300-percent annual interest for car title loans, 17,000 percent for bank overdraft loans, and triple-digit rates for online installment loans; (6) a national maximum interest rate that includes all forms of fees and closes all loopholes is necessary to eliminate such predatory lending; and (7) alternatives to predatory lending that encourage small dollar loans with minimal or no fees, installment payment schedules, and affordable repayment periods should be encouraged. 3. National maximum interest rate Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by adding at the end the following: 140B. Maximum rates of interest (a) In general Notwithstanding any other provision of law, no creditor may make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. (b) Fee and interest rate defined (1) In general For purposes of this section, the fee and interest rate includes all charges payable, directly or indirectly, incident to, ancillary to, or as a condition of the extension of credit, including— (A) any payment compensating a creditor or prospective creditor for— (i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability such as numerical periodic rates, annual fees, cash advance fees, and membership fees; or (ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; (B) all fees which constitute a finance charge, as defined by rules of the Bureau in accordance with this title; (C) credit insurance premiums, whether optional or required; and (D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. (2) Tolerances (A) In general With respect to a credit obligation that is payable in at least 3 fully amortizing installments over at least 90 days, the term fee and interest rate does not include— (i) application or participation fees that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if— (I) such fees are excludable from the finance charge pursuant to section 106 and regulations issued thereunder; (II) such fees cover all credit extended or renewed by the creditor for 12 months; and (III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; (ii) a late fee charged as authorized by State law and by the agreement that does not exceed either $20 per late payment or $20 per month; or (iii) a creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds that does not exceed $15. (B) Adjustments for inflation The Bureau may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and ensuring that the 36-percent fee and interest rate limitation is not circumvented. (c) Calculations (1) Open end credit plans For an open end credit plan— (A) the fee and interest rate shall be calculated each month, based upon the sum of all fees and finance charges described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and (B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees and finance charges described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. (2) Other credit plans For purposes of this section, in calculating the fee and interest rate, the Bureau shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the finance charge shall include all fees, charges, and payments described in subsection (b)(1) of this section. (3) Adjustments authorized The Bureau may make adjustments to the calculations in paragraphs (1) and (2), but the primary goals of such adjustment shall be to protect consumers and to ensure that the 36-percent fee and interest rate limitation is not circumvented. (d) Definition of creditor As used in this section, the term creditor has the same meaning as in section 702(e) of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a(e) ). (e) No exemptions permitted The exemption authority of the Bureau under section 105 shall not apply to the rates established under this section or the disclosure requirements under section 127(b)(6). (f) Disclosure of fee and interest rate for credit other than open end credit plans In addition to the disclosure requirements under section 127(b)(6), the Bureau may prescribe regulations requiring disclosure of the fee and interest rate established under this section. (g) Relation to State law Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. (h) Civil liability and enforcement In addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. (i) Violations Any person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of— (1) three times the amount of the total accrued debt associated with the subject transaction; or (2) $50,000. (j) State attorneys general An action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief.. 140B. Maximum rates of interest (a) In general Notwithstanding any other provision of law, no creditor may make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. (b) Fee and interest rate defined (1) In general For purposes of this section, the fee and interest rate includes all charges payable, directly or indirectly, incident to, ancillary to, or as a condition of the extension of credit, including— (A) any payment compensating a creditor or prospective creditor for— (i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability such as numerical periodic rates, annual fees, cash advance fees, and membership fees; or (ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; (B) all fees which constitute a finance charge, as defined by rules of the Bureau in accordance with this title; (C) credit insurance premiums, whether optional or required; and (D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. (2) Tolerances (A) In general With respect to a credit obligation that is payable in at least 3 fully amortizing installments over at least 90 days, the term fee and interest rate does not include— (i) application or participation fees that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if— (I) such fees are excludable from the finance charge pursuant to section 106 and regulations issued thereunder; (II) such fees cover all credit extended or renewed by the creditor for 12 months; and (III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; (ii) a late fee charged as authorized by State law and by the agreement that does not exceed either $20 per late payment or $20 per month; or (iii) a creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds that does not exceed $15. (B) Adjustments for inflation The Bureau may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and ensuring that the 36-percent fee and interest rate limitation is not circumvented. (c) Calculations (1) Open end credit plans For an open end credit plan— (A) the fee and interest rate shall be calculated each month, based upon the sum of all fees and finance charges described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and (B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees and finance charges described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. (2) Other credit plans For purposes of this section, in calculating the fee and interest rate, the Bureau shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the finance charge shall include all fees, charges, and payments described in subsection (b)(1) of this section. (3) Adjustments authorized The Bureau may make adjustments to the calculations in paragraphs (1) and (2), but the primary goals of such adjustment shall be to protect consumers and to ensure that the 36-percent fee and interest rate limitation is not circumvented. (d) Definition of creditor As used in this section, the term creditor has the same meaning as in section 702(e) of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a(e) ). (e) No exemptions permitted The exemption authority of the Bureau under section 105 shall not apply to the rates established under this section or the disclosure requirements under section 127(b)(6). (f) Disclosure of fee and interest rate for credit other than open end credit plans In addition to the disclosure requirements under section 127(b)(6), the Bureau may prescribe regulations requiring disclosure of the fee and interest rate established under this section. (g) Relation to State law Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. (h) Civil liability and enforcement In addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. (i) Violations Any person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of— (1) three times the amount of the total accrued debt associated with the subject transaction; or (2) $50,000. (j) State attorneys general An action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief. 4. Disclosure of fee and interest rate for open end credit plans Section 127(b)(6) of the Truth in Lending Act ( 15 U.S.C. 1637(b)(6) ) is amended by striking the total finance charge expressed and all that follows through the end of the paragraph and inserting the fee and interest rate, displayed as FAIR , established under section 141..
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To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021 or the FREEZER Trucks Act of 2021.", "id": "H347F6E4082DC4264B560AD98E145CC18", "header": "Short title" }, { "text": "2. Pilot program for the electrification of certain refrigerated vehicles \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Diesel-powered transport refrigeration unit \nThe term diesel-powered transport refrigeration unit means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit \nThe term electric transport refrigeration unit means a transport refrigeration unit in which the refrigeration or climate-control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. (4) Eligible entity \nThe term eligible entity means— (A) a regional, State, local, or Tribal agency, or a port authority, with jurisdiction over transportation or air quality; (B) a nonprofit organization or institution that— (i) represents, or provides pollution reduction or educational services to, individuals or organizations that own or operate heavy-duty vehicles or fleets of heavy-duty vehicles; or (ii) has, as the principal purpose of the organization or institution, the promotion of air quality; (C) an individual or entity that is the owner of record of a heavy-duty vehicle or a fleet of heavy-duty vehicles that operates for the transportation and delivery of perishable goods or other goods requiring climate-controlled conditions; (D) an individual or entity that is the owner of record of a facility that operates as a warehouse or storage facility for perishable goods or other goods requiring climate-controlled conditions; and (E) a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions. (5) Heavy-duty vehicle \nThe term heavy-duty vehicle means— (A) a commercial truck or van— (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; and (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate-controlled conditions when mounted on a semitrailer. (6) Pilot program \nThe term pilot program means the pilot program established under subsection (b). (7) Shore power infrastructure \nThe term shore power infrastructure means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy-duty vehicle when the heavy-duty vehicle is stationary on a property where the heavy-duty vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. (8) Transport refrigeration unit \nThe term transport refrigeration unit means a climate-control system installed on a heavy-duty vehicle for the purpose of maintaining the quality of perishable goods or other goods requiring climate-controlled conditions. (b) Establishment of pilot program \nThe Administrator shall establish a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (c). (c) Projects \nAn eligible entity receiving an award of funds under the pilot program may use those funds only for 1 or more of the following projects: (1) Transport refrigeration unit replacement \nA project to retrofit a heavy-duty vehicle by— (A) replacing or retrofitting an existing diesel-powered transport refrigeration unit in the heavy-duty vehicle with an electric transport refrigeration unit; and (B) retiring the replaced diesel-powered transport refrigeration unit for scrappage. (2) Shore power infrastructure \nA project to purchase and install shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power and operate without using diesel fuel. (d) Maximum amounts \nThe amount of an award of funds under the pilot program to an eligible entity shall not exceed— (1) with respect to the costs of a project described in subsection (c)(1), 75 percent of those costs; and (2) with respect to the costs of a project described in subsection (c)(2), 55 percent of those costs. (e) Applications \nTo be eligible to receive an award of funds under the pilot program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (1) a description of the air quality in the area served by the eligible entity, including a description of how the air quality is affected by diesel emissions from heavy-duty vehicles; (2) a description of the project proposed to be carried out by the eligible entity, including— (A) any technology to be used or funded by the eligible entity; and (B) a description of the heavy-duty vehicle or vehicles of the eligible entity that will be retrofitted, if any, including— (i) the number of those heavy-duty vehicles; (ii) the uses of those heavy-duty vehicles; (iii) the locations where those heavy-duty vehicles dock for the purpose of loading or unloading; and (iv) the routes driven by those heavy-duty vehicles, including the times at which those heavy-duty vehicles are driven; (3) an estimate of the cost of the project proposed to be carried out by the eligible entity; (4) a description of the age and expected lifetime control of the equipment used or funded by the eligible entity; and (5) a description of the provisions for the monitoring and verification of the project proposed to be carried out by the eligible entity, including to verify the scrappage of any replaced diesel-powered transport refrigeration units. (f) Priority \nIn awarding funds under the pilot program, the Administrator shall give priority to proposed projects that, as determined by the Administrator— (1) maximize public health benefits; (2) are the most cost-effective; and (3) will serve the communities that are most polluted by diesel motor emissions, including communities that the Administrator identifies as being in either nonattainment or maintenance of the national ambient air quality standards for a criteria pollutant under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ), particularly for— (A) ozone; and (B) particulate matter. (g) Data release \nNot later than 120 days after the date on which an award of funds is made under the pilot program, the Administrator shall publish on the website of the Environmental Protection Agency, in a downloadable electronic database, information with respect to that award of funds, including— (1) the name and location of the recipient; (2) the total amount of funds awarded; (3) the intended use or uses of the awarded funds; (4) the date on which the award of funds was approved; (5) if applicable, an estimate of any air pollution or greenhouse gas emissions avoided as a result of the project funded by the award; and (6) any other data the Administrator determines to be necessary for an evaluation of the use and effect of awarded funds provided under the pilot program. (h) Reports to Congress \n(1) Annual report to Congress \nNot later than 1 year after the date of the establishment of the pilot program, and annually thereafter until the amounts made available to carry out this section are fully expended, the Administrator shall submit to Congress and make available to the public a report that describes, with respect to the applicable year— (A) the number of applications for awards of funds received under the pilot program; (B) all awards of funds made under the pilot program, including a summary of the data described in subsection (g); (C) the estimated reduction of annual emissions of air pollutants regulated under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) and greenhouse gas emissions that is associated with the awards of funds made under the pilot program; (D) the number of awards of funds made under the pilot program for projects that serve communities described in subsection (f)(3); and (E) any other data the Administrator determines to be necessary to describe the implementation, outcomes, or effectiveness of the pilot program. (2) Final report \n(A) In general \nThe Administrator shall submit to Congress and make available to the public a report containing the information described in subparagraph (B) on the date that is the earlier of— (i) the date that is 1 year after the date on which the amounts made available to carry out this section are fully expended; and (ii) the date that is 5 years after the date on which the pilot program is established. (B) Information described \nThe information referred to in subparagraph (A) is— (i) all of the information collected for the annual reports under paragraph (1); (ii) any benefits to the environment or human health that could result from the widespread application of electric transport refrigeration units for short-haul transportation and delivery of perishable goods or other goods requiring climate-controlled conditions, including in low-income communities and communities of color; (iii) any challenges or benefits that recipients of awards of funds under the pilot program reported with respect to the integration or use of electric transport refrigeration units and associated technologies; (iv) an assessment of the national market potential for electric transport refrigeration units; (v) an assessment of the challenges and opportunities for widespread deployment of electric transport refrigeration units, including in urban areas; and (vi) recommendations for how future Federal, State, and local programs can best support the adoption and widespread deployment of electric transport refrigeration units. (i) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $30,000,000, to remain available until expended. (2) Administrative expenses \nThe Administrator may use not more than 1 percent of the amounts made available under paragraph (1) for administrative expenses to carry out this section.", "id": "H232C6F4AF03B415F8646CD334A3FE08B", "header": "Pilot program for the electrification of certain refrigerated vehicles" } ]
2
1. Short title This Act may be cited as the Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021 or the FREEZER Trucks Act of 2021. 2. Pilot program for the electrification of certain refrigerated vehicles (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Diesel-powered transport refrigeration unit The term diesel-powered transport refrigeration unit means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit The term electric transport refrigeration unit means a transport refrigeration unit in which the refrigeration or climate-control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. (4) Eligible entity The term eligible entity means— (A) a regional, State, local, or Tribal agency, or a port authority, with jurisdiction over transportation or air quality; (B) a nonprofit organization or institution that— (i) represents, or provides pollution reduction or educational services to, individuals or organizations that own or operate heavy-duty vehicles or fleets of heavy-duty vehicles; or (ii) has, as the principal purpose of the organization or institution, the promotion of air quality; (C) an individual or entity that is the owner of record of a heavy-duty vehicle or a fleet of heavy-duty vehicles that operates for the transportation and delivery of perishable goods or other goods requiring climate-controlled conditions; (D) an individual or entity that is the owner of record of a facility that operates as a warehouse or storage facility for perishable goods or other goods requiring climate-controlled conditions; and (E) a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions. (5) Heavy-duty vehicle The term heavy-duty vehicle means— (A) a commercial truck or van— (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; and (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate-controlled conditions when mounted on a semitrailer. (6) Pilot program The term pilot program means the pilot program established under subsection (b). (7) Shore power infrastructure The term shore power infrastructure means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy-duty vehicle when the heavy-duty vehicle is stationary on a property where the heavy-duty vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. (8) Transport refrigeration unit The term transport refrigeration unit means a climate-control system installed on a heavy-duty vehicle for the purpose of maintaining the quality of perishable goods or other goods requiring climate-controlled conditions. (b) Establishment of pilot program The Administrator shall establish a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (c). (c) Projects An eligible entity receiving an award of funds under the pilot program may use those funds only for 1 or more of the following projects: (1) Transport refrigeration unit replacement A project to retrofit a heavy-duty vehicle by— (A) replacing or retrofitting an existing diesel-powered transport refrigeration unit in the heavy-duty vehicle with an electric transport refrigeration unit; and (B) retiring the replaced diesel-powered transport refrigeration unit for scrappage. (2) Shore power infrastructure A project to purchase and install shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power and operate without using diesel fuel. (d) Maximum amounts The amount of an award of funds under the pilot program to an eligible entity shall not exceed— (1) with respect to the costs of a project described in subsection (c)(1), 75 percent of those costs; and (2) with respect to the costs of a project described in subsection (c)(2), 55 percent of those costs. (e) Applications To be eligible to receive an award of funds under the pilot program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (1) a description of the air quality in the area served by the eligible entity, including a description of how the air quality is affected by diesel emissions from heavy-duty vehicles; (2) a description of the project proposed to be carried out by the eligible entity, including— (A) any technology to be used or funded by the eligible entity; and (B) a description of the heavy-duty vehicle or vehicles of the eligible entity that will be retrofitted, if any, including— (i) the number of those heavy-duty vehicles; (ii) the uses of those heavy-duty vehicles; (iii) the locations where those heavy-duty vehicles dock for the purpose of loading or unloading; and (iv) the routes driven by those heavy-duty vehicles, including the times at which those heavy-duty vehicles are driven; (3) an estimate of the cost of the project proposed to be carried out by the eligible entity; (4) a description of the age and expected lifetime control of the equipment used or funded by the eligible entity; and (5) a description of the provisions for the monitoring and verification of the project proposed to be carried out by the eligible entity, including to verify the scrappage of any replaced diesel-powered transport refrigeration units. (f) Priority In awarding funds under the pilot program, the Administrator shall give priority to proposed projects that, as determined by the Administrator— (1) maximize public health benefits; (2) are the most cost-effective; and (3) will serve the communities that are most polluted by diesel motor emissions, including communities that the Administrator identifies as being in either nonattainment or maintenance of the national ambient air quality standards for a criteria pollutant under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ), particularly for— (A) ozone; and (B) particulate matter. (g) Data release Not later than 120 days after the date on which an award of funds is made under the pilot program, the Administrator shall publish on the website of the Environmental Protection Agency, in a downloadable electronic database, information with respect to that award of funds, including— (1) the name and location of the recipient; (2) the total amount of funds awarded; (3) the intended use or uses of the awarded funds; (4) the date on which the award of funds was approved; (5) if applicable, an estimate of any air pollution or greenhouse gas emissions avoided as a result of the project funded by the award; and (6) any other data the Administrator determines to be necessary for an evaluation of the use and effect of awarded funds provided under the pilot program. (h) Reports to Congress (1) Annual report to Congress Not later than 1 year after the date of the establishment of the pilot program, and annually thereafter until the amounts made available to carry out this section are fully expended, the Administrator shall submit to Congress and make available to the public a report that describes, with respect to the applicable year— (A) the number of applications for awards of funds received under the pilot program; (B) all awards of funds made under the pilot program, including a summary of the data described in subsection (g); (C) the estimated reduction of annual emissions of air pollutants regulated under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) and greenhouse gas emissions that is associated with the awards of funds made under the pilot program; (D) the number of awards of funds made under the pilot program for projects that serve communities described in subsection (f)(3); and (E) any other data the Administrator determines to be necessary to describe the implementation, outcomes, or effectiveness of the pilot program. (2) Final report (A) In general The Administrator shall submit to Congress and make available to the public a report containing the information described in subparagraph (B) on the date that is the earlier of— (i) the date that is 1 year after the date on which the amounts made available to carry out this section are fully expended; and (ii) the date that is 5 years after the date on which the pilot program is established. (B) Information described The information referred to in subparagraph (A) is— (i) all of the information collected for the annual reports under paragraph (1); (ii) any benefits to the environment or human health that could result from the widespread application of electric transport refrigeration units for short-haul transportation and delivery of perishable goods or other goods requiring climate-controlled conditions, including in low-income communities and communities of color; (iii) any challenges or benefits that recipients of awards of funds under the pilot program reported with respect to the integration or use of electric transport refrigeration units and associated technologies; (iv) an assessment of the national market potential for electric transport refrigeration units; (v) an assessment of the challenges and opportunities for widespread deployment of electric transport refrigeration units, including in urban areas; and (vi) recommendations for how future Federal, State, and local programs can best support the adoption and widespread deployment of electric transport refrigeration units. (i) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $30,000,000, to remain available until expended. (2) Administrative expenses The Administrator may use not more than 1 percent of the amounts made available under paragraph (1) for administrative expenses to carry out this section.
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To amend the Internal Revenue Code of 1986 to provide matching payments for retirement savings contributions by certain individuals, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Encouraging Americans to Save Act.", "id": "S1", "header": "Short title" }, { "text": "2. Saver's matching credit for elective deferral and IRA contributions by certain individuals \n(a) In general \nSubchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Saver's matching credit for elective deferral and IRA contributions by certain individuals \n(a) In general \n(1) Allowance of credit \nAny eligible individual who makes qualified retirement savings contributions for the taxable year shall be allowed a credit for such taxable year in an amount equal to the applicable percentage of so much of the qualified retirement savings contributions made by such eligible individual for the taxable year as does not exceed $2,000. (2) Payment of credit \nThe credit under this section shall be paid by the Secretary as a contribution (as soon as practicable after the eligible individual has filed a tax return for the taxable year) to the applicable retirement savings vehicle of an eligible individual. (b) Applicable percentage \nFor purposes of this section— (1) In general \nExcept as provided in paragraph (2), the applicable percentage is 50 percent. (2) Phaseout \nThe percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— (A) the excess of— (i) the taxpayer’s modified adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Applicable dollar amount; phaseout range \n(A) Joint returns \nExcept as provided in subparagraph (B)— (i) the applicable dollar amount is $65,000, and (ii) the phaseout range is $20,000. (B) Other returns \nIn the case of— (i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3/4 of the amounts applicable under subparagraph (A) (as adjusted under subsection (g)), and (ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be ½ of the amounts applicable under subparagraph (A) (as so adjusted). (4) Exception; minimum credit \nIn the case of an eligible individual with respect to whom (without regard to this paragraph) the credit determined under subsection (a)(1) is greater than zero but less than $100, the credit allowed under this section shall be $100. (c) Eligible individual \nFor purposes of this section— (1) In general \nExcept as provided in paragraph (2), the term eligible individual means any individual if such individual has attained the age of 18 as of the close of the taxable year. (2) Dependents not eligible \nThe term eligible individual shall not include any individual with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (d) Qualified retirement savings contributions \nFor purposes of this section— (1) In general \nThe term qualified retirement savings contributions means, with respect to any taxable year, the sum of— (A) the amount of the qualified retirement contributions (as defined in section 219(e)) made by the eligible individual, (B) the amount of— (i) any elective deferrals (as defined in section 402(g)(3)) of such individual, and (ii) any elective deferral of compensation by such individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), (C) the amount of voluntary employee contributions by such individual to any qualified retirement plan (as defined in section 4974(c)), and (D) the amount of contributions by such individual to a qualified ABLE program (as defined in section 529A(b)) for the benefit of the individual. Such term shall not include any amount attributable to a payment under subsection (a). (2) Reduction for certain distributions \n(A) In general \nThe qualified retirement savings contributions determined under paragraph (1) for a taxable year shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) may be made. (B) Testing period \nFor purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes— (i) such taxable year, (ii) the 2 preceding taxable years, and (iii) the period beginning on the day after the last day of such taxable year and ending with the due date (including extensions) for filing the return of tax for such taxable year. (C) Excepted distributions \nThere shall not be taken into account under subparagraph (A)— (i) any distribution referred to in section 72(p), 401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4), (ii) any distribution to which section 408(d)(3) or 408A(d)(3) applies, (iii) any distribution to which the rules described in the second sentence of section 529A(b)(2) apply, and (iv) any portion of a distribution if such portion is transferred or paid in a rollover contribution (as defined in section 402(c), 403(a)(4), 403(b)(8), 408A(e), or 457(e)(16)) to an account or plan to which qualified retirement savings contributions can be made. (D) Treatment of distributions received by spouse of individual \nFor purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution. (e) Applicable retirement savings vehicle \n(1) In general \nThe term applicable retirement savings vehicle means— (A) an account or plan elected by the eligible individual under paragraph (2), (B) in the case of qualified retirement savings contributions described in subsection (d)(1)(D), the qualified ABLE program (as defined in section 529A(b)) to which such contributions were made, or (C) if no such election is made or the Secretary is not able to make a contribution into such account or plan, an account established for the benefit of the eligible individual under the R-Bond Program. For purposes of subparagraph (C), if no account has previously been established for the benefit of the individual under the R-Bond Program, the Secretary shall establish such an account for such individual for purposes of receiving contributions under this section. (2) Other retirement vehicles \nAn eligible individual may elect, in such form and manner as the Secretary may provide, to have the amount of the credit determined under subsection (a) contributed to an account or plan which— (A) is a Roth IRA or a designated Roth account (within the meaning of section 402A) of an applicable retirement plan (as defined in section 402A(e)(1)), (B) is for the benefit of the eligible individual, and (C) accepts contributions made under this section. In the case of a plan of which a qualified trust under section 401(a) is a part, an annuity contract described in section 403(b), or a plan described in section 457(b) which is established and maintained by an employer described in section 457(e)(1)(A), the plan shall have discretion whether to accept contributions made under this section, but if the plan accepts any such contributions it shall accept them on a uniform basis. (f) Other definitions and special rules \n(1) Modified adjusted gross income \nFor purposes of this section, the term modified adjusted gross income means adjusted gross income— (A) determined without regard to sections 911, 931, and 933, and (B) determined without regard to any exclusion or deduction allowed for any qualified retirement savings contribution made during the taxable year. (2) Treatment of contributions \nIn the case of any contribution under subsection (a)(2)— (A) except as otherwise provided in this section or by the Secretary under regulations, such contribution shall be treated as— (i) an elective deferral made by the individual which is a designated Roth contribution, if contributed to an applicable retirement plan, or (ii) a Roth IRA contribution made by such individual, if contributed to a Roth IRA, (B) such contribution shall not be treated as income to the taxpayer, and (C) such contribution shall not be taken into account with respect to any applicable limitation under sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for purposes of sections 401(a)(4), 401(k)(3), 401(k)(11)(B)(i)(III), 410(b), and 416. (3) Treatment of qualified plans, etc \nA plan or arrangement to which a contribution is made under this section shall not be treated as violating any requirement under section 401, 403, 408, or 457 solely by reason of accepting such contribution. (4) Erroneous credits \nIf any contribution is erroneously paid under subsection (a)(2), the amount of such erroneous payment shall be treated as an underpayment of tax. (g) Inflation adjustments \n(1) In general \nIn the case of any taxable year beginning in a calendar year after 2023, each of the dollar amounts in subsections (a)(1) and (b)(3)(A)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding \nAny increase determined under paragraph (1) shall be rounded to the nearest multiple of— (A) $100 in the case of an adjustment of the amount in subsection (a)(1), and (B) $1,000 in the case of an adjustment of the amount in subsection (b)(3)(A)(i).. (b) Payment authority \nSection 1324(b)(2) of title 31, United States Code, is amended by striking or 6431 and inserting 6431, or 6433. (c) Deficiencies \nSection 6211(b)(4) is amended by striking and 6431 and inserting 6431, and 6433. (d) Reporting \nThe Secretary of Labor, the Secretary of the Treasury, and the Director of the Pension Benefit Guaranty Corporation shall— (1) amend Form 5500 to require separate reporting of the aggregate amount of contributions received by the plan during the year under section 6433(a)(2) of the Internal Revenue Code of 1986 (as added by this section), and (2) amend Form 5498 to require similar reporting with respect to individual retirement plans (as defined in section 7701(a)(37) of such Code). (e) Conforming amendments \n(1) Section 25B of the Internal Revenue Code of 1986 is amended by striking subsections (a) through (f) and inserting the following: For payment of credit related to qualified retirement savings contributions, see section 6433.. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6433. Saver's matching credit for elective deferral and IRA contributions by certain individuals.. (f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022. (g) Coronavirus recovery bonus credit \n(1) In general \nIn the case of taxable years beginning after December 31, 2022, and before January 1, 2028, the amount of the credit determined under section 6433 of the Internal Revenue Code of 1986, as added by this section, shall be increased by an amount equal to 50 percent of so much of the qualified retirement savings contributions made by an eligible individual for the taxable year as does not exceed— (A) $10,000, reduced by (B) the aggregate amount of qualified retirement savings contributions made by the eligible individual in all preceding taxable years which begin after December 31, 2022. (2) Phaseout \nThe $10,000 amount under paragraph (1)(A) shall be reduced (but not below zero) by a percentage which bears the same ratio to 50 percent as— (A) the excess of— (i) the taxpayer’s modified adjusted gross income for the taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Definitions \nFor purposes of this subsection, the terms qualified retirement savings contributions , eligible individual , applicable dollar amount , and phaseout range have the meanings given such terms by subsections (d), (c), and (b), respectively, of section 6433 of such Code, as so added.", "id": "idD1553E2B8EE14DF78FA1ABCD4E8C50BF", "header": "Saver's matching credit for elective deferral and IRA contributions by certain individuals" }, { "text": "6433. Saver's matching credit for elective deferral and IRA contributions by certain individuals \n(a) In general \n(1) Allowance of credit \nAny eligible individual who makes qualified retirement savings contributions for the taxable year shall be allowed a credit for such taxable year in an amount equal to the applicable percentage of so much of the qualified retirement savings contributions made by such eligible individual for the taxable year as does not exceed $2,000. (2) Payment of credit \nThe credit under this section shall be paid by the Secretary as a contribution (as soon as practicable after the eligible individual has filed a tax return for the taxable year) to the applicable retirement savings vehicle of an eligible individual. (b) Applicable percentage \nFor purposes of this section— (1) In general \nExcept as provided in paragraph (2), the applicable percentage is 50 percent. (2) Phaseout \nThe percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— (A) the excess of— (i) the taxpayer’s modified adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Applicable dollar amount; phaseout range \n(A) Joint returns \nExcept as provided in subparagraph (B)— (i) the applicable dollar amount is $65,000, and (ii) the phaseout range is $20,000. (B) Other returns \nIn the case of— (i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3/4 of the amounts applicable under subparagraph (A) (as adjusted under subsection (g)), and (ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be ½ of the amounts applicable under subparagraph (A) (as so adjusted). (4) Exception; minimum credit \nIn the case of an eligible individual with respect to whom (without regard to this paragraph) the credit determined under subsection (a)(1) is greater than zero but less than $100, the credit allowed under this section shall be $100. (c) Eligible individual \nFor purposes of this section— (1) In general \nExcept as provided in paragraph (2), the term eligible individual means any individual if such individual has attained the age of 18 as of the close of the taxable year. (2) Dependents not eligible \nThe term eligible individual shall not include any individual with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (d) Qualified retirement savings contributions \nFor purposes of this section— (1) In general \nThe term qualified retirement savings contributions means, with respect to any taxable year, the sum of— (A) the amount of the qualified retirement contributions (as defined in section 219(e)) made by the eligible individual, (B) the amount of— (i) any elective deferrals (as defined in section 402(g)(3)) of such individual, and (ii) any elective deferral of compensation by such individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), (C) the amount of voluntary employee contributions by such individual to any qualified retirement plan (as defined in section 4974(c)), and (D) the amount of contributions by such individual to a qualified ABLE program (as defined in section 529A(b)) for the benefit of the individual. Such term shall not include any amount attributable to a payment under subsection (a). (2) Reduction for certain distributions \n(A) In general \nThe qualified retirement savings contributions determined under paragraph (1) for a taxable year shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) may be made. (B) Testing period \nFor purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes— (i) such taxable year, (ii) the 2 preceding taxable years, and (iii) the period beginning on the day after the last day of such taxable year and ending with the due date (including extensions) for filing the return of tax for such taxable year. (C) Excepted distributions \nThere shall not be taken into account under subparagraph (A)— (i) any distribution referred to in section 72(p), 401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4), (ii) any distribution to which section 408(d)(3) or 408A(d)(3) applies, (iii) any distribution to which the rules described in the second sentence of section 529A(b)(2) apply, and (iv) any portion of a distribution if such portion is transferred or paid in a rollover contribution (as defined in section 402(c), 403(a)(4), 403(b)(8), 408A(e), or 457(e)(16)) to an account or plan to which qualified retirement savings contributions can be made. (D) Treatment of distributions received by spouse of individual \nFor purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution. (e) Applicable retirement savings vehicle \n(1) In general \nThe term applicable retirement savings vehicle means— (A) an account or plan elected by the eligible individual under paragraph (2), (B) in the case of qualified retirement savings contributions described in subsection (d)(1)(D), the qualified ABLE program (as defined in section 529A(b)) to which such contributions were made, or (C) if no such election is made or the Secretary is not able to make a contribution into such account or plan, an account established for the benefit of the eligible individual under the R-Bond Program. For purposes of subparagraph (C), if no account has previously been established for the benefit of the individual under the R-Bond Program, the Secretary shall establish such an account for such individual for purposes of receiving contributions under this section. (2) Other retirement vehicles \nAn eligible individual may elect, in such form and manner as the Secretary may provide, to have the amount of the credit determined under subsection (a) contributed to an account or plan which— (A) is a Roth IRA or a designated Roth account (within the meaning of section 402A) of an applicable retirement plan (as defined in section 402A(e)(1)), (B) is for the benefit of the eligible individual, and (C) accepts contributions made under this section. In the case of a plan of which a qualified trust under section 401(a) is a part, an annuity contract described in section 403(b), or a plan described in section 457(b) which is established and maintained by an employer described in section 457(e)(1)(A), the plan shall have discretion whether to accept contributions made under this section, but if the plan accepts any such contributions it shall accept them on a uniform basis. (f) Other definitions and special rules \n(1) Modified adjusted gross income \nFor purposes of this section, the term modified adjusted gross income means adjusted gross income— (A) determined without regard to sections 911, 931, and 933, and (B) determined without regard to any exclusion or deduction allowed for any qualified retirement savings contribution made during the taxable year. (2) Treatment of contributions \nIn the case of any contribution under subsection (a)(2)— (A) except as otherwise provided in this section or by the Secretary under regulations, such contribution shall be treated as— (i) an elective deferral made by the individual which is a designated Roth contribution, if contributed to an applicable retirement plan, or (ii) a Roth IRA contribution made by such individual, if contributed to a Roth IRA, (B) such contribution shall not be treated as income to the taxpayer, and (C) such contribution shall not be taken into account with respect to any applicable limitation under sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for purposes of sections 401(a)(4), 401(k)(3), 401(k)(11)(B)(i)(III), 410(b), and 416. (3) Treatment of qualified plans, etc \nA plan or arrangement to which a contribution is made under this section shall not be treated as violating any requirement under section 401, 403, 408, or 457 solely by reason of accepting such contribution. (4) Erroneous credits \nIf any contribution is erroneously paid under subsection (a)(2), the amount of such erroneous payment shall be treated as an underpayment of tax. (g) Inflation adjustments \n(1) In general \nIn the case of any taxable year beginning in a calendar year after 2023, each of the dollar amounts in subsections (a)(1) and (b)(3)(A)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding \nAny increase determined under paragraph (1) shall be rounded to the nearest multiple of— (A) $100 in the case of an adjustment of the amount in subsection (a)(1), and (B) $1,000 in the case of an adjustment of the amount in subsection (b)(3)(A)(i).", "id": "idF10DA70551534150889EE8BD5D178FA1", "header": "Saver's matching credit for elective deferral and IRA contributions by certain individuals" }, { "text": "3. Establishment of R-Bond Program \n(a) In general \nThe Secretary of the Treasury shall, not later than January 31, 2023, establish a permanent program, to be known as the R-Bond Program , which meets the requirements of this section to establish and maintain individual retirement plans on behalf of individuals. (b) Program specifications \n(1) In general \n(A) IRA s \nThe R-Bond Program established under this section shall— (i) permit the establishment of individual retirement plans on behalf of an individual, whether a traditional IRA or a Roth IRA or both, as appropriate; (ii) require the assets of each individual retirement plan established under the program to be held by the designated IRA trustee; (iii) permit contributions to be made periodically to such individual retirement plans, including contributions paid under section 6433(a)(2) of the Internal Revenue Code of 1986, contributions made by direct deposit or other electronic means, including taxpayer-directed direct deposit of Federal income tax refunds by the Department of the Treasury, and by methods that provide access for the unbanked; (iv) permit distributions and rollovers from such individual retirement plans upon request of the account owner; (v) include procedures to consolidate multiple accounts established for the same individual in order that each individual, to the extent practicable, has only one Roth IRA and only one traditional IRA under the program; and (vi) ensure that such individual retirement plans are invested solely in retirement savings bonds issued by the Department of the Treasury for the purpose of the R-Bond Program. (B) Regulations, etc \nThe Secretary of the Treasury shall have authority to promulgate such regulations, rules, and other guidance as are necessary to implement the R-Bond Program, and are consistent with this section, as well as coordination rules permitting individual retirement plans to be established under the R-Bond Program by taxpayer election on the return of tax, and in connection with and in support of programs established under State and local laws that enroll residents in individual retirement plans. (2) No fees \nNo fees shall be assessed on participants in the R-Bond Program. (3) Limitations \n(A) Contribution minimum \nThe Secretary of the Treasury may establish minimum amounts for initial and additional contributions to an individual retirement plan under the R-Bond Program, not to exceed $5. (B) Limitation of rollover contributions and transfers \nNo rollover contribution or transfer shall be accepted to an individual retirement plan under the R-Bond Program except to the extent necessary to consolidate accounts as provided in paragraph (1)(v). (4) Designated IRA trustee \nFor purposes of this section, the designated IRA trustee is the Department of the Treasury or such other person as the Secretary of the Treasury may designate to act as trustee of the individual retirement plans established under the R-Bond Program. (5) Disclosures \nThe designated IRA trustee shall provide in writing, in paper form mailed to the last known address of the individual unless the individual affirmatively elects to receive electronic statements— (A) annual account balance statements to individuals on behalf of whom individual retirement plans are established under the R-Bond Program, which shall include— (i) an explanation that— (I) program account balances are solely invested in retirement savings bonds issued by the Department of the Treasury for the purpose of the R-Bond Program; (II) diversified investment opportunities which are not guaranteed by the Federal government are available for individual retirement plans established by other providers; (III) no fees are charged under the R-Bond Program; and (IV) the individual has the right to roll over or transfer an account balance without penalty; (ii) an illustration of the potential impacts that higher yields may have on long-term accumulation; and (iii) information on the types of fees that other providers may charge for the establishment of individual retirement plans, and the impact of fees on long-term accumulation; and (B) if the account balance of the individual retirement plan exceeds $15,000 and the individual has not previously so affirmed, a request that the individual affirm (including instructions for making such affirmation) to the designated IRA trustee that the individual does not want to roll over such account balance to another plan (according to the rules relating to rollovers and transfers of individual retirement plans under the Internal Revenue Code of 1986). (c) Retirement savings bonds \nFor purposes of this section— (1) In general \nThe term retirement savings bond means an interest-bearing electronic United States savings bond issued to the designated IRA trustee which is available only to participants in the R-Bond Program. (2) Interest rate \nBonds issued under the R-Bond Program shall earn interest at a rate equal to the greater of (determined on the issue date of the bond)— (A) the rate earned by the Government Securities Investment Fund established under section 8438(b)(1) of title 5, United States Code, or (B) the rate earned by a Series I United States savings bond. (3) Reissue in case of change in trustee \nIf a successor designated IRA trustee is designated under subsection (b)(4), the retirement savings bonds issued to the predecessor designated IRA trustee shall be reissued to such successor. (d) Definitions \nFor purposes of this section— (1) Individual retirement plan \nThe term individual retirement plan has the meaning given such term by section 7701(a)(37) of the Internal Revenue Code of 1986. (2) Traditional IRA \nThe term traditional IRA means an individual retirement plan which is not a Roth IRA. (3) Roth IRA \nThe term Roth IRA has the meaning given such term by section 408A(b) of such Code. (4) Secretary \nAny reference to the Secretary of the Treasury includes a reference to such Secretary's delegate.", "id": "id389114A0D2B54ACCBF83A47BE5C5ADA7", "header": "Establishment of R-Bond Program" }, { "text": "4. Promotion and guidance \n(a) Promotion \nThe Secretary of the Treasury (or the Secretary's delegate) shall educate taxpayers on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act. (b) Notice \nNot later than 1 year after the date of the enactment of this Act— (1) Plan administrators \nThe Secretary of the Treasury (or the Secretary's delegate) and the Secretary of Labor, as appropriate, shall issue guidance to plan administrators regarding information on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act for participants and beneficiaries which is to be required to be included in plan disclosures including summary plan descriptions, open enrollment materials, and annual notices otherwise provided by plans. Such guidance— (A) shall include model notice language in both English and Spanish that is deemed to satisfy the notice requirement of the preceding sentence, and (B) in the case of annual enrollment materials for a plan, shall specify that such notice may be given at the same time as any elective deferral or matching contribution safe harbor notice would be required to be given (even if the plan does not incorporate such a safe harbor) and may be incorporated into such safe harbor notice. (2) Trustees and issuers of IRAs \nThe Secretary of the Treasury (or the Secretary's delegate) and the Secretary of Labor, as appropriate, shall issue guidance to trustees and issuers of individual retirement plans regarding information on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act for potentially eligible individuals which is to be required to be included in individual retirement plan disclosures. (3) Payment of credits \nNot later than 3 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall promulgate guidance setting forth procedures that permit the direct payment of credits under section 6433 to an employer-sponsored plan in which the taxpayer is a participant and that elects to receive such credits, including rules regarding notice to taxpayers and a plan of a payment of such credit and notice from a plan to a taxpayer and the Secretary confirming receipt of a payment.", "id": "idE845C3C2920D4617BC668D0BFEE3012B", "header": "Promotion and guidance" }, { "text": "5. Deadline to fund IRA with tax refund \n(a) In general \nParagraph (3) of section 219(f) of the Internal Revenue Code of 1986 is amended— (1) by striking is made not later than and inserting “is made— (i) not later than , (2) by striking the period at the end and inserting , or , and (3) by adding at the end the following new clause: (ii) by direct deposit by the Secretary pursuant to an election on the return for such taxable year to contribute all or a portion of any amount owed to the taxpayer to an individual retirement plan of the taxpayer, but only if the return is filed not later than the date described in clause (i).. (b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2021.", "id": "idB98D94AA36324945BB8FB6114254C42B", "header": "Deadline to fund IRA with tax refund" } ]
6
1. Short title This Act may be cited as the Encouraging Americans to Save Act. 2. Saver's matching credit for elective deferral and IRA contributions by certain individuals (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Saver's matching credit for elective deferral and IRA contributions by certain individuals (a) In general (1) Allowance of credit Any eligible individual who makes qualified retirement savings contributions for the taxable year shall be allowed a credit for such taxable year in an amount equal to the applicable percentage of so much of the qualified retirement savings contributions made by such eligible individual for the taxable year as does not exceed $2,000. (2) Payment of credit The credit under this section shall be paid by the Secretary as a contribution (as soon as practicable after the eligible individual has filed a tax return for the taxable year) to the applicable retirement savings vehicle of an eligible individual. (b) Applicable percentage For purposes of this section— (1) In general Except as provided in paragraph (2), the applicable percentage is 50 percent. (2) Phaseout The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— (A) the excess of— (i) the taxpayer’s modified adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Applicable dollar amount; phaseout range (A) Joint returns Except as provided in subparagraph (B)— (i) the applicable dollar amount is $65,000, and (ii) the phaseout range is $20,000. (B) Other returns In the case of— (i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3/4 of the amounts applicable under subparagraph (A) (as adjusted under subsection (g)), and (ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be ½ of the amounts applicable under subparagraph (A) (as so adjusted). (4) Exception; minimum credit In the case of an eligible individual with respect to whom (without regard to this paragraph) the credit determined under subsection (a)(1) is greater than zero but less than $100, the credit allowed under this section shall be $100. (c) Eligible individual For purposes of this section— (1) In general Except as provided in paragraph (2), the term eligible individual means any individual if such individual has attained the age of 18 as of the close of the taxable year. (2) Dependents not eligible The term eligible individual shall not include any individual with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (d) Qualified retirement savings contributions For purposes of this section— (1) In general The term qualified retirement savings contributions means, with respect to any taxable year, the sum of— (A) the amount of the qualified retirement contributions (as defined in section 219(e)) made by the eligible individual, (B) the amount of— (i) any elective deferrals (as defined in section 402(g)(3)) of such individual, and (ii) any elective deferral of compensation by such individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), (C) the amount of voluntary employee contributions by such individual to any qualified retirement plan (as defined in section 4974(c)), and (D) the amount of contributions by such individual to a qualified ABLE program (as defined in section 529A(b)) for the benefit of the individual. Such term shall not include any amount attributable to a payment under subsection (a). (2) Reduction for certain distributions (A) In general The qualified retirement savings contributions determined under paragraph (1) for a taxable year shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) may be made. (B) Testing period For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes— (i) such taxable year, (ii) the 2 preceding taxable years, and (iii) the period beginning on the day after the last day of such taxable year and ending with the due date (including extensions) for filing the return of tax for such taxable year. (C) Excepted distributions There shall not be taken into account under subparagraph (A)— (i) any distribution referred to in section 72(p), 401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4), (ii) any distribution to which section 408(d)(3) or 408A(d)(3) applies, (iii) any distribution to which the rules described in the second sentence of section 529A(b)(2) apply, and (iv) any portion of a distribution if such portion is transferred or paid in a rollover contribution (as defined in section 402(c), 403(a)(4), 403(b)(8), 408A(e), or 457(e)(16)) to an account or plan to which qualified retirement savings contributions can be made. (D) Treatment of distributions received by spouse of individual For purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution. (e) Applicable retirement savings vehicle (1) In general The term applicable retirement savings vehicle means— (A) an account or plan elected by the eligible individual under paragraph (2), (B) in the case of qualified retirement savings contributions described in subsection (d)(1)(D), the qualified ABLE program (as defined in section 529A(b)) to which such contributions were made, or (C) if no such election is made or the Secretary is not able to make a contribution into such account or plan, an account established for the benefit of the eligible individual under the R-Bond Program. For purposes of subparagraph (C), if no account has previously been established for the benefit of the individual under the R-Bond Program, the Secretary shall establish such an account for such individual for purposes of receiving contributions under this section. (2) Other retirement vehicles An eligible individual may elect, in such form and manner as the Secretary may provide, to have the amount of the credit determined under subsection (a) contributed to an account or plan which— (A) is a Roth IRA or a designated Roth account (within the meaning of section 402A) of an applicable retirement plan (as defined in section 402A(e)(1)), (B) is for the benefit of the eligible individual, and (C) accepts contributions made under this section. In the case of a plan of which a qualified trust under section 401(a) is a part, an annuity contract described in section 403(b), or a plan described in section 457(b) which is established and maintained by an employer described in section 457(e)(1)(A), the plan shall have discretion whether to accept contributions made under this section, but if the plan accepts any such contributions it shall accept them on a uniform basis. (f) Other definitions and special rules (1) Modified adjusted gross income For purposes of this section, the term modified adjusted gross income means adjusted gross income— (A) determined without regard to sections 911, 931, and 933, and (B) determined without regard to any exclusion or deduction allowed for any qualified retirement savings contribution made during the taxable year. (2) Treatment of contributions In the case of any contribution under subsection (a)(2)— (A) except as otherwise provided in this section or by the Secretary under regulations, such contribution shall be treated as— (i) an elective deferral made by the individual which is a designated Roth contribution, if contributed to an applicable retirement plan, or (ii) a Roth IRA contribution made by such individual, if contributed to a Roth IRA, (B) such contribution shall not be treated as income to the taxpayer, and (C) such contribution shall not be taken into account with respect to any applicable limitation under sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for purposes of sections 401(a)(4), 401(k)(3), 401(k)(11)(B)(i)(III), 410(b), and 416. (3) Treatment of qualified plans, etc A plan or arrangement to which a contribution is made under this section shall not be treated as violating any requirement under section 401, 403, 408, or 457 solely by reason of accepting such contribution. (4) Erroneous credits If any contribution is erroneously paid under subsection (a)(2), the amount of such erroneous payment shall be treated as an underpayment of tax. (g) Inflation adjustments (1) In general In the case of any taxable year beginning in a calendar year after 2023, each of the dollar amounts in subsections (a)(1) and (b)(3)(A)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding Any increase determined under paragraph (1) shall be rounded to the nearest multiple of— (A) $100 in the case of an adjustment of the amount in subsection (a)(1), and (B) $1,000 in the case of an adjustment of the amount in subsection (b)(3)(A)(i).. (b) Payment authority Section 1324(b)(2) of title 31, United States Code, is amended by striking or 6431 and inserting 6431, or 6433. (c) Deficiencies Section 6211(b)(4) is amended by striking and 6431 and inserting 6431, and 6433. (d) Reporting The Secretary of Labor, the Secretary of the Treasury, and the Director of the Pension Benefit Guaranty Corporation shall— (1) amend Form 5500 to require separate reporting of the aggregate amount of contributions received by the plan during the year under section 6433(a)(2) of the Internal Revenue Code of 1986 (as added by this section), and (2) amend Form 5498 to require similar reporting with respect to individual retirement plans (as defined in section 7701(a)(37) of such Code). (e) Conforming amendments (1) Section 25B of the Internal Revenue Code of 1986 is amended by striking subsections (a) through (f) and inserting the following: For payment of credit related to qualified retirement savings contributions, see section 6433.. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6433. Saver's matching credit for elective deferral and IRA contributions by certain individuals.. (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. (g) Coronavirus recovery bonus credit (1) In general In the case of taxable years beginning after December 31, 2022, and before January 1, 2028, the amount of the credit determined under section 6433 of the Internal Revenue Code of 1986, as added by this section, shall be increased by an amount equal to 50 percent of so much of the qualified retirement savings contributions made by an eligible individual for the taxable year as does not exceed— (A) $10,000, reduced by (B) the aggregate amount of qualified retirement savings contributions made by the eligible individual in all preceding taxable years which begin after December 31, 2022. (2) Phaseout The $10,000 amount under paragraph (1)(A) shall be reduced (but not below zero) by a percentage which bears the same ratio to 50 percent as— (A) the excess of— (i) the taxpayer’s modified adjusted gross income for the taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Definitions For purposes of this subsection, the terms qualified retirement savings contributions , eligible individual , applicable dollar amount , and phaseout range have the meanings given such terms by subsections (d), (c), and (b), respectively, of section 6433 of such Code, as so added. 6433. Saver's matching credit for elective deferral and IRA contributions by certain individuals (a) In general (1) Allowance of credit Any eligible individual who makes qualified retirement savings contributions for the taxable year shall be allowed a credit for such taxable year in an amount equal to the applicable percentage of so much of the qualified retirement savings contributions made by such eligible individual for the taxable year as does not exceed $2,000. (2) Payment of credit The credit under this section shall be paid by the Secretary as a contribution (as soon as practicable after the eligible individual has filed a tax return for the taxable year) to the applicable retirement savings vehicle of an eligible individual. (b) Applicable percentage For purposes of this section— (1) In general Except as provided in paragraph (2), the applicable percentage is 50 percent. (2) Phaseout The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— (A) the excess of— (i) the taxpayer’s modified adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Applicable dollar amount; phaseout range (A) Joint returns Except as provided in subparagraph (B)— (i) the applicable dollar amount is $65,000, and (ii) the phaseout range is $20,000. (B) Other returns In the case of— (i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3/4 of the amounts applicable under subparagraph (A) (as adjusted under subsection (g)), and (ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be ½ of the amounts applicable under subparagraph (A) (as so adjusted). (4) Exception; minimum credit In the case of an eligible individual with respect to whom (without regard to this paragraph) the credit determined under subsection (a)(1) is greater than zero but less than $100, the credit allowed under this section shall be $100. (c) Eligible individual For purposes of this section— (1) In general Except as provided in paragraph (2), the term eligible individual means any individual if such individual has attained the age of 18 as of the close of the taxable year. (2) Dependents not eligible The term eligible individual shall not include any individual with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (d) Qualified retirement savings contributions For purposes of this section— (1) In general The term qualified retirement savings contributions means, with respect to any taxable year, the sum of— (A) the amount of the qualified retirement contributions (as defined in section 219(e)) made by the eligible individual, (B) the amount of— (i) any elective deferrals (as defined in section 402(g)(3)) of such individual, and (ii) any elective deferral of compensation by such individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), (C) the amount of voluntary employee contributions by such individual to any qualified retirement plan (as defined in section 4974(c)), and (D) the amount of contributions by such individual to a qualified ABLE program (as defined in section 529A(b)) for the benefit of the individual. Such term shall not include any amount attributable to a payment under subsection (a). (2) Reduction for certain distributions (A) In general The qualified retirement savings contributions determined under paragraph (1) for a taxable year shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) may be made. (B) Testing period For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes— (i) such taxable year, (ii) the 2 preceding taxable years, and (iii) the period beginning on the day after the last day of such taxable year and ending with the due date (including extensions) for filing the return of tax for such taxable year. (C) Excepted distributions There shall not be taken into account under subparagraph (A)— (i) any distribution referred to in section 72(p), 401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4), (ii) any distribution to which section 408(d)(3) or 408A(d)(3) applies, (iii) any distribution to which the rules described in the second sentence of section 529A(b)(2) apply, and (iv) any portion of a distribution if such portion is transferred or paid in a rollover contribution (as defined in section 402(c), 403(a)(4), 403(b)(8), 408A(e), or 457(e)(16)) to an account or plan to which qualified retirement savings contributions can be made. (D) Treatment of distributions received by spouse of individual For purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution. (e) Applicable retirement savings vehicle (1) In general The term applicable retirement savings vehicle means— (A) an account or plan elected by the eligible individual under paragraph (2), (B) in the case of qualified retirement savings contributions described in subsection (d)(1)(D), the qualified ABLE program (as defined in section 529A(b)) to which such contributions were made, or (C) if no such election is made or the Secretary is not able to make a contribution into such account or plan, an account established for the benefit of the eligible individual under the R-Bond Program. For purposes of subparagraph (C), if no account has previously been established for the benefit of the individual under the R-Bond Program, the Secretary shall establish such an account for such individual for purposes of receiving contributions under this section. (2) Other retirement vehicles An eligible individual may elect, in such form and manner as the Secretary may provide, to have the amount of the credit determined under subsection (a) contributed to an account or plan which— (A) is a Roth IRA or a designated Roth account (within the meaning of section 402A) of an applicable retirement plan (as defined in section 402A(e)(1)), (B) is for the benefit of the eligible individual, and (C) accepts contributions made under this section. In the case of a plan of which a qualified trust under section 401(a) is a part, an annuity contract described in section 403(b), or a plan described in section 457(b) which is established and maintained by an employer described in section 457(e)(1)(A), the plan shall have discretion whether to accept contributions made under this section, but if the plan accepts any such contributions it shall accept them on a uniform basis. (f) Other definitions and special rules (1) Modified adjusted gross income For purposes of this section, the term modified adjusted gross income means adjusted gross income— (A) determined without regard to sections 911, 931, and 933, and (B) determined without regard to any exclusion or deduction allowed for any qualified retirement savings contribution made during the taxable year. (2) Treatment of contributions In the case of any contribution under subsection (a)(2)— (A) except as otherwise provided in this section or by the Secretary under regulations, such contribution shall be treated as— (i) an elective deferral made by the individual which is a designated Roth contribution, if contributed to an applicable retirement plan, or (ii) a Roth IRA contribution made by such individual, if contributed to a Roth IRA, (B) such contribution shall not be treated as income to the taxpayer, and (C) such contribution shall not be taken into account with respect to any applicable limitation under sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for purposes of sections 401(a)(4), 401(k)(3), 401(k)(11)(B)(i)(III), 410(b), and 416. (3) Treatment of qualified plans, etc A plan or arrangement to which a contribution is made under this section shall not be treated as violating any requirement under section 401, 403, 408, or 457 solely by reason of accepting such contribution. (4) Erroneous credits If any contribution is erroneously paid under subsection (a)(2), the amount of such erroneous payment shall be treated as an underpayment of tax. (g) Inflation adjustments (1) In general In the case of any taxable year beginning in a calendar year after 2023, each of the dollar amounts in subsections (a)(1) and (b)(3)(A)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding Any increase determined under paragraph (1) shall be rounded to the nearest multiple of— (A) $100 in the case of an adjustment of the amount in subsection (a)(1), and (B) $1,000 in the case of an adjustment of the amount in subsection (b)(3)(A)(i). 3. Establishment of R-Bond Program (a) In general The Secretary of the Treasury shall, not later than January 31, 2023, establish a permanent program, to be known as the R-Bond Program , which meets the requirements of this section to establish and maintain individual retirement plans on behalf of individuals. (b) Program specifications (1) In general (A) IRA s The R-Bond Program established under this section shall— (i) permit the establishment of individual retirement plans on behalf of an individual, whether a traditional IRA or a Roth IRA or both, as appropriate; (ii) require the assets of each individual retirement plan established under the program to be held by the designated IRA trustee; (iii) permit contributions to be made periodically to such individual retirement plans, including contributions paid under section 6433(a)(2) of the Internal Revenue Code of 1986, contributions made by direct deposit or other electronic means, including taxpayer-directed direct deposit of Federal income tax refunds by the Department of the Treasury, and by methods that provide access for the unbanked; (iv) permit distributions and rollovers from such individual retirement plans upon request of the account owner; (v) include procedures to consolidate multiple accounts established for the same individual in order that each individual, to the extent practicable, has only one Roth IRA and only one traditional IRA under the program; and (vi) ensure that such individual retirement plans are invested solely in retirement savings bonds issued by the Department of the Treasury for the purpose of the R-Bond Program. (B) Regulations, etc The Secretary of the Treasury shall have authority to promulgate such regulations, rules, and other guidance as are necessary to implement the R-Bond Program, and are consistent with this section, as well as coordination rules permitting individual retirement plans to be established under the R-Bond Program by taxpayer election on the return of tax, and in connection with and in support of programs established under State and local laws that enroll residents in individual retirement plans. (2) No fees No fees shall be assessed on participants in the R-Bond Program. (3) Limitations (A) Contribution minimum The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to an individual retirement plan under the R-Bond Program, not to exceed $5. (B) Limitation of rollover contributions and transfers No rollover contribution or transfer shall be accepted to an individual retirement plan under the R-Bond Program except to the extent necessary to consolidate accounts as provided in paragraph (1)(v). (4) Designated IRA trustee For purposes of this section, the designated IRA trustee is the Department of the Treasury or such other person as the Secretary of the Treasury may designate to act as trustee of the individual retirement plans established under the R-Bond Program. (5) Disclosures The designated IRA trustee shall provide in writing, in paper form mailed to the last known address of the individual unless the individual affirmatively elects to receive electronic statements— (A) annual account balance statements to individuals on behalf of whom individual retirement plans are established under the R-Bond Program, which shall include— (i) an explanation that— (I) program account balances are solely invested in retirement savings bonds issued by the Department of the Treasury for the purpose of the R-Bond Program; (II) diversified investment opportunities which are not guaranteed by the Federal government are available for individual retirement plans established by other providers; (III) no fees are charged under the R-Bond Program; and (IV) the individual has the right to roll over or transfer an account balance without penalty; (ii) an illustration of the potential impacts that higher yields may have on long-term accumulation; and (iii) information on the types of fees that other providers may charge for the establishment of individual retirement plans, and the impact of fees on long-term accumulation; and (B) if the account balance of the individual retirement plan exceeds $15,000 and the individual has not previously so affirmed, a request that the individual affirm (including instructions for making such affirmation) to the designated IRA trustee that the individual does not want to roll over such account balance to another plan (according to the rules relating to rollovers and transfers of individual retirement plans under the Internal Revenue Code of 1986). (c) Retirement savings bonds For purposes of this section— (1) In general The term retirement savings bond means an interest-bearing electronic United States savings bond issued to the designated IRA trustee which is available only to participants in the R-Bond Program. (2) Interest rate Bonds issued under the R-Bond Program shall earn interest at a rate equal to the greater of (determined on the issue date of the bond)— (A) the rate earned by the Government Securities Investment Fund established under section 8438(b)(1) of title 5, United States Code, or (B) the rate earned by a Series I United States savings bond. (3) Reissue in case of change in trustee If a successor designated IRA trustee is designated under subsection (b)(4), the retirement savings bonds issued to the predecessor designated IRA trustee shall be reissued to such successor. (d) Definitions For purposes of this section— (1) Individual retirement plan The term individual retirement plan has the meaning given such term by section 7701(a)(37) of the Internal Revenue Code of 1986. (2) Traditional IRA The term traditional IRA means an individual retirement plan which is not a Roth IRA. (3) Roth IRA The term Roth IRA has the meaning given such term by section 408A(b) of such Code. (4) Secretary Any reference to the Secretary of the Treasury includes a reference to such Secretary's delegate. 4. Promotion and guidance (a) Promotion The Secretary of the Treasury (or the Secretary's delegate) shall educate taxpayers on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act. (b) Notice Not later than 1 year after the date of the enactment of this Act— (1) Plan administrators The Secretary of the Treasury (or the Secretary's delegate) and the Secretary of Labor, as appropriate, shall issue guidance to plan administrators regarding information on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act for participants and beneficiaries which is to be required to be included in plan disclosures including summary plan descriptions, open enrollment materials, and annual notices otherwise provided by plans. Such guidance— (A) shall include model notice language in both English and Spanish that is deemed to satisfy the notice requirement of the preceding sentence, and (B) in the case of annual enrollment materials for a plan, shall specify that such notice may be given at the same time as any elective deferral or matching contribution safe harbor notice would be required to be given (even if the plan does not incorporate such a safe harbor) and may be incorporated into such safe harbor notice. (2) Trustees and issuers of IRAs The Secretary of the Treasury (or the Secretary's delegate) and the Secretary of Labor, as appropriate, shall issue guidance to trustees and issuers of individual retirement plans regarding information on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act for potentially eligible individuals which is to be required to be included in individual retirement plan disclosures. (3) Payment of credits Not later than 3 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall promulgate guidance setting forth procedures that permit the direct payment of credits under section 6433 to an employer-sponsored plan in which the taxpayer is a participant and that elects to receive such credits, including rules regarding notice to taxpayers and a plan of a payment of such credit and notice from a plan to a taxpayer and the Secretary confirming receipt of a payment. 5. Deadline to fund IRA with tax refund (a) In general Paragraph (3) of section 219(f) of the Internal Revenue Code of 1986 is amended— (1) by striking is made not later than and inserting “is made— (i) not later than , (2) by striking the period at the end and inserting , or , and (3) by adding at the end the following new clause: (ii) by direct deposit by the Secretary pursuant to an election on the return for such taxable year to contribute all or a portion of any amount owed to the taxpayer to an individual retirement plan of the taxpayer, but only if the return is filed not later than the date described in clause (i).. (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021.
31,876
117s3321is
117
s
3,321
is
To designate the facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, as the W.O.C. Kort Miller Plantenberg Post Office.
[ { "text": "1. W.O.C. Kort Miller Plantenberg Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, shall be known and designated as the W.O.C. Kort Miller Plantenberg Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the W.O.C. Kort Miller Plantenberg Post Office.", "id": "H38B1D6070B4D4A5C8989FC3C8E57A459", "header": "W.O.C. Kort Miller Plantenberg Post Office" } ]
1
1. W.O.C. Kort Miller Plantenberg Post Office (a) Designation The facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, shall be known and designated as the W.O.C. Kort Miller Plantenberg Post Office. (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the W.O.C. Kort Miller Plantenberg Post Office.
485
117s849is
117
s
849
is
To require the Director of National Intelligence and the Director of the Central Intelligence Agency to conduct a study to identify supply chains critical to national security, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Supply Chain Vulnerability Assessment Act of 2021.", "id": "id78D1086F597445F88EC29F0B700CAC6F", "header": "Short title" }, { "text": "2. Study on supply chains critical to national security \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Central Intelligence Agency shall jointly— (1) complete a study— (A) to identify— (i) supply chains that are critical to the national security, economic security, or public health or safety of the United States; and (ii) important vulnerabilities in such supply chains; and (B) to develop recommendations for legislative or administrative action to secure the supply chains identified under subparagraph (A)(i); and (2) submit to the congressional intelligence committees (as that term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) the findings of the directors with respect to the study conducted under paragraph (1).", "id": "id5486119D0680427E8FBF0AD51B52539B", "header": "Study on supply chains critical to national security" } ]
2
1. Short title This Act may be cited as the Supply Chain Vulnerability Assessment Act of 2021. 2. Study on supply chains critical to national security Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Central Intelligence Agency shall jointly— (1) complete a study— (A) to identify— (i) supply chains that are critical to the national security, economic security, or public health or safety of the United States; and (ii) important vulnerabilities in such supply chains; and (B) to develop recommendations for legislative or administrative action to secure the supply chains identified under subparagraph (A)(i); and (2) submit to the congressional intelligence committees (as that term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) the findings of the directors with respect to the study conducted under paragraph (1).
937
117s3675is
117
s
3,675
is
To amend title XVIII of the Social Security Act to establish a system to notify individuals approaching Medicare eligibility.
[ { "text": "1. Short title \nThis Act may be cited as the Beneficiary Enrollment Notification and Eligibility Simplification 2.0 Act or the BENES 2.0 Act.", "id": "S1", "header": "Short title" }, { "text": "2. Beneficiary enrollment notification and eligibility simplification \n(a) Eligibility and enrollment notices \n(1) As part of social security account statement for individuals attaining ages 60 to 65 \n(A) In general \nSection 1143(a) of the Social Security Act ( 42 U.S.C. 1320b–13(a) ) is amended by adding at the end the following new paragraph: (4) Medicare eligibility information \n(A) In general \nIn the case of statements provided on or after the date that is 2 years after the date of the enactment of this paragraph to individuals who are attaining ages 60, 61, 62, 63, 64 and 65, the statement shall also include a notice containing the information described in subparagraph (B). (B) Contents of notice \nThe notice required under subparagraph (A) shall include a clear, simple explanation of— (i) eligibility for benefits under the Medicare program under title XVIII, and in particular benefits under part B of such title; (ii) the reasons a late enrollment penalty for failure to timely enroll could be assessed and how such late enrollment penalty is calculated, in particular for benefits under such part B; (iii) the availability of relief from such late enrollment penalty and retroactive enrollment under section 1837(h) (including as such section is applied under sections 1818(c) and 1818A(c)(3)), with examples of circumstances under which such relief may be granted and examples of circumstances under which such relief would not be granted; (iv) coordination of benefits (including primary and secondary coverage scenarios) pursuant to section 1862(b), in particular for benefits under such part B; (v) enrollment, eligibility, and coordination of benefits under title XVIII with respect to populations, for whom there are special considerations, such as residents of Puerto Rico and veterans; and (vi) online resources and toll-free telephone numbers of the Social Security Administration and the Centers for Medicare & Medicaid Services (including 1–800–MEDICARE and the national toll-free number of the Social Security Administration) that provide information on eligibility for benefits under the Medicare program under title XVIII. (C) Development of notice \n(i) In general \nThe Secretary, in coordination with the Commissioner of Social Security, and taking into consideration information collected pursuant to clause (ii), shall, not later than 12 months after the last day of the period for the request of information described in clause (ii), develop the notice to be provided pursuant to subparagraph (A). (ii) Request for information \nNot later than 6 months after the date of the enactment of this paragraph, the Secretary shall request written information, including recommendations, from stakeholders (including the groups described in subparagraph (D)) on the information to be included in the notice. (iii) Notice improvement \nBeginning 4 years after the date of the enactment of this paragraph, and not less than once every 2 years thereafter, the Secretary, in coordination with the Commissioner of Social Security, shall— (I) review the content of the notice to be provided under subparagraph (A); (II) request written information, including recommendations, on such notice through a request for information process as described in clause (ii); and (III) update and revise such notice as the Secretary deems appropriate. (D) Groups \nFor purposes of subparagraph (C)(ii), the groups described in this subparagraph include the following: (i) Individuals who are 60 years of age or older. (ii) Veterans. (iii) Individuals with disabilities. (iv) Individuals with end stage renal disease. (v) Low-income individuals and families. (vi) Employers (including human resources professionals). (vii) States (including representatives of State-run Health Insurance Exchanges, Medicaid offices, and Departments of Insurance). (viii) State Health Insurance Assistance Programs. (ix) Health insurers. (x) Health insurance agents and brokers. (xi) Such other groups as specified by the Secretary. (E) Posting of notice on websites \nThe Commissioner of Social Security and the Secretary shall post the notice required under subparagraph (A) on the public internet website of the Social Security Administration and on Medicare.gov (or a successor website), respectively. (F) No effect on obligation to mail statements \nNothing in this paragraph shall be construed to relieve the Commissioner of Social Security from any requirement under subsection (c), including the requirement to mail a statement on an annual basis to each eligible individual who is not receiving benefits under title II and for whom a mailing address can be determined through such methods as the Commissioner determines to be appropriate.. (B) Timing of statements \nSection 1143(c)(2) of the Social Security Act ( 42 U.S.C. 1320b–13(c)(2) ) is amended by adding at the end the following new sentence: With respect to statements provided to individuals who are attaining age 65, as described in subsection (a)(4), such statements shall be mailed not earlier than 6 months and not later than 3 months before the individual attains such age.. (2) Social security beneficiaries \nTitle XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by inserting after section 1144 the following new section: 1144A. Medicare enrollment notification and eligibility notices for Social Security beneficiaries prior to medicare eligibility \n(a) Notices \n(1) In general \nThe Commissioner of Social Security shall distribute the notice to be provided pursuant to section 1143(a)(4), as may be modified under paragraph (2), to individuals entitled to monthly insurance benefits under title II in accordance with subsection (b). (2) Authority to modify notice \nThe Secretary, in coordination with the Commissioner of Social Security, may modify the notice to be distributed under paragraph (1) as necessary to take into account the individuals described in such paragraph. (3) Posting of notice on websites \nThe Commissioner of Social Security and the Secretary shall post the notice required to be distributed under paragraph (1) on the public internet website of the Social Security Administration and on Medicare.gov (or a successor website), respectively. (b) Timing \nBeginning not later than 2 years after the date of the enactment of this section, a notice required under subsection (a)(1) shall be mailed to an individual described in such subsection— (1) in the third month before the date on which such individual’s initial enrollment period begins as provided under section 1837; and (2) in the case of an individual with respect to whom section 226(b) applies (except for an individual who will attain age 65 during the 24 month period described in such section), in the month before such date on which such individual’s initial enrollment period so begins..", "id": "id0606fa8fcb004f1494d074d83723f89a", "header": "Beneficiary enrollment notification and eligibility simplification" }, { "text": "1144A. Medicare enrollment notification and eligibility notices for Social Security beneficiaries prior to medicare eligibility \n(a) Notices \n(1) In general \nThe Commissioner of Social Security shall distribute the notice to be provided pursuant to section 1143(a)(4), as may be modified under paragraph (2), to individuals entitled to monthly insurance benefits under title II in accordance with subsection (b). (2) Authority to modify notice \nThe Secretary, in coordination with the Commissioner of Social Security, may modify the notice to be distributed under paragraph (1) as necessary to take into account the individuals described in such paragraph. (3) Posting of notice on websites \nThe Commissioner of Social Security and the Secretary shall post the notice required to be distributed under paragraph (1) on the public internet website of the Social Security Administration and on Medicare.gov (or a successor website), respectively. (b) Timing \nBeginning not later than 2 years after the date of the enactment of this section, a notice required under subsection (a)(1) shall be mailed to an individual described in such subsection— (1) in the third month before the date on which such individual’s initial enrollment period begins as provided under section 1837; and (2) in the case of an individual with respect to whom section 226(b) applies (except for an individual who will attain age 65 during the 24 month period described in such section), in the month before such date on which such individual’s initial enrollment period so begins.", "id": "idbca954acfdae46bdb28757cd2cbfac05", "header": "Medicare enrollment notification and eligibility notices for Social Security beneficiaries prior to medicare eligibility" } ]
3
1. Short title This Act may be cited as the Beneficiary Enrollment Notification and Eligibility Simplification 2.0 Act or the BENES 2.0 Act. 2. Beneficiary enrollment notification and eligibility simplification (a) Eligibility and enrollment notices (1) As part of social security account statement for individuals attaining ages 60 to 65 (A) In general Section 1143(a) of the Social Security Act ( 42 U.S.C. 1320b–13(a) ) is amended by adding at the end the following new paragraph: (4) Medicare eligibility information (A) In general In the case of statements provided on or after the date that is 2 years after the date of the enactment of this paragraph to individuals who are attaining ages 60, 61, 62, 63, 64 and 65, the statement shall also include a notice containing the information described in subparagraph (B). (B) Contents of notice The notice required under subparagraph (A) shall include a clear, simple explanation of— (i) eligibility for benefits under the Medicare program under title XVIII, and in particular benefits under part B of such title; (ii) the reasons a late enrollment penalty for failure to timely enroll could be assessed and how such late enrollment penalty is calculated, in particular for benefits under such part B; (iii) the availability of relief from such late enrollment penalty and retroactive enrollment under section 1837(h) (including as such section is applied under sections 1818(c) and 1818A(c)(3)), with examples of circumstances under which such relief may be granted and examples of circumstances under which such relief would not be granted; (iv) coordination of benefits (including primary and secondary coverage scenarios) pursuant to section 1862(b), in particular for benefits under such part B; (v) enrollment, eligibility, and coordination of benefits under title XVIII with respect to populations, for whom there are special considerations, such as residents of Puerto Rico and veterans; and (vi) online resources and toll-free telephone numbers of the Social Security Administration and the Centers for Medicare & Medicaid Services (including 1–800–MEDICARE and the national toll-free number of the Social Security Administration) that provide information on eligibility for benefits under the Medicare program under title XVIII. (C) Development of notice (i) In general The Secretary, in coordination with the Commissioner of Social Security, and taking into consideration information collected pursuant to clause (ii), shall, not later than 12 months after the last day of the period for the request of information described in clause (ii), develop the notice to be provided pursuant to subparagraph (A). (ii) Request for information Not later than 6 months after the date of the enactment of this paragraph, the Secretary shall request written information, including recommendations, from stakeholders (including the groups described in subparagraph (D)) on the information to be included in the notice. (iii) Notice improvement Beginning 4 years after the date of the enactment of this paragraph, and not less than once every 2 years thereafter, the Secretary, in coordination with the Commissioner of Social Security, shall— (I) review the content of the notice to be provided under subparagraph (A); (II) request written information, including recommendations, on such notice through a request for information process as described in clause (ii); and (III) update and revise such notice as the Secretary deems appropriate. (D) Groups For purposes of subparagraph (C)(ii), the groups described in this subparagraph include the following: (i) Individuals who are 60 years of age or older. (ii) Veterans. (iii) Individuals with disabilities. (iv) Individuals with end stage renal disease. (v) Low-income individuals and families. (vi) Employers (including human resources professionals). (vii) States (including representatives of State-run Health Insurance Exchanges, Medicaid offices, and Departments of Insurance). (viii) State Health Insurance Assistance Programs. (ix) Health insurers. (x) Health insurance agents and brokers. (xi) Such other groups as specified by the Secretary. (E) Posting of notice on websites The Commissioner of Social Security and the Secretary shall post the notice required under subparagraph (A) on the public internet website of the Social Security Administration and on Medicare.gov (or a successor website), respectively. (F) No effect on obligation to mail statements Nothing in this paragraph shall be construed to relieve the Commissioner of Social Security from any requirement under subsection (c), including the requirement to mail a statement on an annual basis to each eligible individual who is not receiving benefits under title II and for whom a mailing address can be determined through such methods as the Commissioner determines to be appropriate.. (B) Timing of statements Section 1143(c)(2) of the Social Security Act ( 42 U.S.C. 1320b–13(c)(2) ) is amended by adding at the end the following new sentence: With respect to statements provided to individuals who are attaining age 65, as described in subsection (a)(4), such statements shall be mailed not earlier than 6 months and not later than 3 months before the individual attains such age.. (2) Social security beneficiaries Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by inserting after section 1144 the following new section: 1144A. Medicare enrollment notification and eligibility notices for Social Security beneficiaries prior to medicare eligibility (a) Notices (1) In general The Commissioner of Social Security shall distribute the notice to be provided pursuant to section 1143(a)(4), as may be modified under paragraph (2), to individuals entitled to monthly insurance benefits under title II in accordance with subsection (b). (2) Authority to modify notice The Secretary, in coordination with the Commissioner of Social Security, may modify the notice to be distributed under paragraph (1) as necessary to take into account the individuals described in such paragraph. (3) Posting of notice on websites The Commissioner of Social Security and the Secretary shall post the notice required to be distributed under paragraph (1) on the public internet website of the Social Security Administration and on Medicare.gov (or a successor website), respectively. (b) Timing Beginning not later than 2 years after the date of the enactment of this section, a notice required under subsection (a)(1) shall be mailed to an individual described in such subsection— (1) in the third month before the date on which such individual’s initial enrollment period begins as provided under section 1837; and (2) in the case of an individual with respect to whom section 226(b) applies (except for an individual who will attain age 65 during the 24 month period described in such section), in the month before such date on which such individual’s initial enrollment period so begins.. 1144A. Medicare enrollment notification and eligibility notices for Social Security beneficiaries prior to medicare eligibility (a) Notices (1) In general The Commissioner of Social Security shall distribute the notice to be provided pursuant to section 1143(a)(4), as may be modified under paragraph (2), to individuals entitled to monthly insurance benefits under title II in accordance with subsection (b). (2) Authority to modify notice The Secretary, in coordination with the Commissioner of Social Security, may modify the notice to be distributed under paragraph (1) as necessary to take into account the individuals described in such paragraph. (3) Posting of notice on websites The Commissioner of Social Security and the Secretary shall post the notice required to be distributed under paragraph (1) on the public internet website of the Social Security Administration and on Medicare.gov (or a successor website), respectively. (b) Timing Beginning not later than 2 years after the date of the enactment of this section, a notice required under subsection (a)(1) shall be mailed to an individual described in such subsection— (1) in the third month before the date on which such individual’s initial enrollment period begins as provided under section 1837; and (2) in the case of an individual with respect to whom section 226(b) applies (except for an individual who will attain age 65 during the 24 month period described in such section), in the month before such date on which such individual’s initial enrollment period so begins.
8,550
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117
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4,200
is
To establish a Secure Research Data Network.
[ { "text": "1. Short title \nThis Act may be cited as the Secure Research Data Network Act.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Section 3561 of title 44 definitions \nThe terms evidence , identifiable form , statistical activities , and statistical purpose have the meanings given the terms in section 3561 of title 44, United States Code. (2) Analyst \nThe term analyst means a person either employed by, or working on behalf of, a Federal or State agency in empirical programmatic or data analysis. (3) Data asset \nThe term data asset has the meaning given the term in section 3502 of title 44, United States Code. (4) Data steward \nThe term data steward means an individual employed by a Federal or State agency who is familiar with the agency’s data, and has a statutory responsibility to protect the confidentiality of such data and ensure its integrity and quality. (5) Director \nExcept as otherwise provided, the term Director means the Director of the National Science Foundation. (6) Reporting entity \nThe term reporting entity means a Federal or State agency with data relevant to governmentwide evidence-building activities. (7) State \nThe term State has the meaning given the term in section 502 of the National Science Foundation Authorization Act of 2010 ( 42 U.S.C. 1862p note), except that the definition shall be applied by striking , or any other territory or possession of the United States.", "id": "ide08f3661e8a84e69a4e8609908369a96", "header": "Definitions" }, { "text": "3. Secure Research Data Network \n(a) Establishment \n(1) In general \nThe Director, in consultation with the Statistical Official of the National Science Foundation, the Chief Statistician of the United States, and the Director of the National Artificial Intelligence Initiative Office, shall, subject to the availability of appropriations, enter into an agreement for the establishment of the Secure Research Data Network or SRDN , which shall be operated as a pilot program. (2) Term of pilot program \nThe pilot program operated under paragraph (1) shall run for 3 years, with the possibility of not more than two 1-year extensions, upon consideration of the Director, in consultation with the SRDN Advisory Board. (3) Additional employees \nThe Director may hire additional employees as necessary to support the operation of the SRDN, including full-time equivalent Federal employees. (4) Avoid duplication \nThe Director shall coordinate with the Chief Statistician of the United States to identify potential areas of overlap between the SRDN and efforts carried out at, or financially assisted by, the National Science Foundation, such as the America’s DataHub Consortium, on the date of enactment of this Act. The Chief Statistician of the United States shall seek to ensure that the activities of the SRDN enhance and complement those efforts existing on the date of enactment of this Act in order to avoid duplication and maximize the use of Federal resources. (b) Responsibilities \nThe Director shall direct the SRDN to carry out the following: (1) Support governmentwide evidence-building activities as required under section 312 of title 5, United States Code, including implementation of agency multiyear evidence-building plans. (2) Develop, deploy, maintain, and operate a SRDN platform for authorized analysts to calculate statistics on data for evidence-building activity purposes using data assets made available by reporting entities for approved projects. (3) Execute a number of approved projects on the SRDN platform described in paragraph (2) and make the results publicly available. (4) Ensure an appropriate number of approved projects will re-examine and attempt to fully or partially replicate the results of linked data studies in existence on the date of enactment of this Act as proof of concept for the SRDN platform described in paragraph (2). (5) Maintain, in consultation with the Chief Statistician of the United States and other relevant Federal data strategy stakeholders, a public SRDN website with up-to-date information on all approved projects, including their results and documentation of the evidence-building value of each project for policymakers. (6) Consult with the National Artificial Intelligence Research Resource Task Force established under section 5106 of the National Artificial Intelligence Initiative Act of 2020 ( 15 U.S.C. 9415 ) and consider how to integrate the Task Force's recommendations and road map for expanding access to critical artificial intelligence resources and educational tools into the SRDN. (c) Privacy requirements \nIn developing the SRDN platform under subsection (b)(2), the SRDN— (1) shall ensure the SRDN platform facilitates statistical activities for evidence-building activity purposes while reducing the privacy and security risks by developing, procuring, or adapting technology that, at a minimum, uses the latest cutting-edge technical protection measures that reasonably ensure that— (A) the SRDN platform permits only authorized analysts to perform statistical queries necessary to answer approved project questions using the data assets made available by the reporting entities; (B) no information about the data assets used in the SRDN platform is revealed to any other party, except as incorporated into the final result, which shall be used exclusively for statistical evidence-building purposes and shall not be released in an identifiable form; (C) no individual entity’s data or information is revealed by the SRDN platform to any other party in an identifiable form; (D) the SRDN platform prohibits any other queries by the SRDN or any other party through the SRDN platform; and (E) the SRDN platform minimizes the privacy risks to individual entities whose data has been made available by a reporting entity, including those that could result from data breaches of any system operated by the reporting entity; and (2) may— (A) use secure multiparty computation technologies; or (B) utilize technology other than secure multiparty computation technologies if the other technology— (i) fully complies with subparagraphs (A) through (E) of paragraph (1); and (ii) delivers greater or equivalent privacy and security than secure multiparty computation. (d) Software requirements \n(1) In general \nThe Director shall ensure the SRDN develops, deploys, operates, and maintains the SRDN platform described in subsection (b)(2), along with corresponding Application Programming Interfaces (APIs), to be used by reporting entities and authorized analysts who will interact with the SRDN platform to conduct the approved projects. The Director— (A) shall direct the SRDN to consult, design, and conduct usability testing of the SRDN platform with relevant Federal and State agencies, Federal coordinating councils, subject matter experts, academia, and others with expertise in technology development, maintenance, and governance, statistics, privacy, and user-centered design, as the Director determines appropriate; (B) in consultation with the SRDN Advisory Board, shall engage in an open public review and comment process on the development of the SRDN platform and its governance policies; and (C) shall enter into an agreement for the establishment of the SRDN only with entities based in the United States or in its allied countries. (2) Public domain and open source software \nThe Director shall ensure the SRDN makes all software developed for the SRDN platform described in subsection (b)(2) available as public domain and open source software (as defined in section 1552.239–71 of title 48, Code of Federal Regulations, or a successor regulation) both during development and after completion, and endeavor to design the architecture to ensure that appropriate components can be reused independently. The SRDN shall publicly document the construction, operation, and functionality of the software technologies it develops on the SRDN public-facing website. (3) Provision of software \nThe Director shall ensure the SRDN provides software to reporting entities, at no cost, that the reporting entities can use to connect their own systems to the SRDN platform described in subsection (b)(2). A reporting entity may use the public domain software the SRDN makes available to build their own software that interfaces using the publicly documented API, or use the services of another agency or organization with greater or equivalent privacy and security to help them connect their own systems to the SRDN. (e) Data quality service team \n(1) In general \nThe Director shall direct the SRDN to develop a plan for and operate a data quality service team that is composed of data governance, information systems, statistics, cybersecurity, and disclosure avoidance experts, who will, at no cost to the reporting entity, help reporting entities evaluate their data and prepare it for use with the SRDN platform described in subsection (b)(2) to achieve approved project goals. (2) Agency assistance \nA reporting entity that is a Federal agency, and a reporting entity that is a State agency that chooses to receive assistance as described in paragraph (1), shall work with the SRDN to develop a plan for preparing its data for use with the SRDN platform described in subsection (b)(2), including adopting all necessary standards. The SRDN shall approve the cost estimates prepared by the reporting entity prior to the reporting entity and the SRDN undertaking work that is eligible for reimbursement, according to guidelines established by the Director. The Director shall approve the plans and enter into reimbursable agreements with reporting entities for expenses included in the approved cost plan. In addition, the reporting entity shall— (A) make its employees responsible for the relevant data available to work with and assist the data quality service team for the extent of the project with reimbursement from the National Science Foundation for the employees’ worked hours; (B) adopt the recommendations of the data quality service team necessary to prepare the reporting entity’s data for use with the SRDN platform; and (C) notwithstanding subparagraphs (B), (C), and (D) of subsection (c)(1), provide the data quality service team with access to the relevant data. (3) Hardware and software support \nThe Director shall direct the SRDN to provide hardware and software support technology the reporting entities need to stage and prepare data for use with the SRDN platform described in subsection (b)(2). (4) Training materials and tools \nThe data quality service team, in coordination with the Secure Research Data Network training team described in subsection (f)(1), shall— (A) produce training materials, documented runnable code, and other tools to help reporting entities prepare their data for use with the SRDN platform described in subsection (b)(2); and (B) publish such resources on the SRDN public website. (5) Disclosure avoidance \nThe data quality service team shall assist reporting entities as they conduct a disclosure avoidance review to ensure that project results are not released in an identifiable form. No results shall be released until a disclosure avoidance review is conducted. (f) Training \n(1) In general \nThe Director shall direct the SRDN to develop a plan for and operate a Secure Research Data Network training team that is composed of data science, social science, statistics, privacy, disclosure avoidance, and cybersecurity experts, which will, at no cost to the reporting entity, help reporting entities develop capacity to produce evidence using the SRDN platform described in subsection (b)(2), explain how the SRDN platform works and how it protects data assets, and evaluate the value of the evidence for policymakers and the public. (2) Training curricula \nThe Director shall— (A) develop, in consultation with relevant Federal and State agencies, Federal and State coordinating councils, subject matter experts, academia, and others with expertise in user-centered design, privacy preserving technologies, data science, and statistics design, as the Director determines appropriate, training curricula for agency staff and authorized analysts and make it publicly available; and (B) in consultation with the SRDN Advisory Board, engage in an open public review and comment process on the development of the curricula. (3) Curricula content \nThe curricula developed under paragraph (2) shall build upon Federal data strategy and Office of Management and Budget evidence-building recommendations and include training in the use of the SRDN platform described in subsection (b)(2), preparation of data for use with the SRDN platform, testing and evaluation of the usefulness of the training materials and tools, and documentation of the evidence value for policymakers and the public. (g) Project proposal \n(1) In general \nThe Director, in consultation with the SRDN Advisory Board and the Chief Statistician of the United States, shall develop criteria and guidelines for analysts to become authorized analysts and for project proposals to be submitted for consideration. (2) Facilitating proposals \nThe Director shall facilitate project proposals from research communities by soliciting questions and connecting research communities with analysts from the appropriate reporting agencies through methods such as workshops, conferences, or idea labs. (3) Proposal requirements \nThe project proposals shall be submitted by authorized analysts and, at a minimum, include the following: (A) Documentation of the relevant data assets necessitated by the project, including details of their level of preparedness for analysis with the SRDN platform under subsection (b)(2). (B) Identification of data stewards from the relevant reporting entities who will work with the data quality team to prepare data assets for analysis with the SRDN platform under subsection (b)(2). (C) Attestation from the relevant reporting entities and data stewards that they support both the proposed project and the usage of their data assets for the proposed project. (D) Documentation of the evidence-building value the project would provide to policymakers. (E) Feedback and comments on the proposed project collected from nonprofit organizations, Tribal communities and governments, relevant State and local governments, community leaders, and other members of the public, as appropriate. (h) Advisory board \n(1) In general \nThe Director, in consultation with the Directorate for Social, Behavioral and Economic Sciences of the National Science Foundation, the Directorate for Computer and Information Science and Engineering of the National Science Foundation, and the Chief Statistician of the United States, shall establish a SRDN Advisory Board. The SRDN Advisory Board shall be responsible for receiving, evaluating, advising, and prioritizing a diverse set of project proposals based on National Science Foundation strategic priorities and established evidence-building plans and policy-relevant questions required of Federal agencies in accordance with section 312 of title 5, United States Code, from multiple different authorized analysts for the consideration of the Director. (2) Members \n(A) In general \nThe SRDN Advisory Board shall consist of 15 members from a broad range of specialties and institutions, including individuals with expertise in producing high-value evidence, data stewardship, cybersecurity, privacy, data governance, State and Federal program evaluation, State and Federal data infrastructure, State and Federal statistics infrastructure, and social science research. (B) Federal employees and non-Federal employees \nThe SRDN Advisory Board shall consist of members who are employed by a Federal agency and members who are not employed by a Federal agency. (C) Diversity \nThe SRDN Advisory Board shall have a diverse membership based on gender, race, ethnicity, and geography. One-third of the members of the SRDN Advisory Board shall consist of individuals located in jurisdictions that participate in the program under section 113 of the National Science Foundation Authorization Act of 1988 ( 42 U.S.C. 1862g ). (3) Duties \nThe SRDN Advisory Board shall consider, at a minimum, the following: (A) The feasibility of the proposed project, including preparedness of necessary data components, formal support from relevant data stewards and reporting entities, plans and resources to implement an adequate data governance plan, and reporting entity technological capabilities. (B) How the proposed project supports established evidence-building plans and answers policy-relevant questions required of Federal agencies in accordance with section 312 of title 5, United States Code, and to what extent the project represents a diverse group of data sources and statistical work in the Federal Government or in Federal-State partnerships. (C) Feedback and comments included in the project proposal. (i) Reporting \n(1) In general \nNot later than 3 years after the date of enactment of this Act, the Director, in consultation with the SRDN Advisory Board, shall produce a final report, to be published on the SRDN website and shared with relevant committees of Congress, which includes— (A) the technological considerations of the SRDN platform described in subsection (b)(2); (B) recommendations for future SRDN projects; (C) a summary of all the SRDN projects undertaken, including their results, details of the data sources used, and analysis of their disparate impacts on subgroups; (D) a description of how project results are relevant to Federal agency evidence-building plans and policy-relevant questions, as required under section 312 of title 5, United States Code; (E) lessons learned by the data quality service team, operated pursuant to subsection (e)(1), from working with reporting entity stakeholders to prepare their data for the SRDN platform described in subsection (b)(2); (F) recommendations for a permanent program that would be called the Secure Research Data Network, including needs for additional capacity, functionality, and funding related to providing a secure privacy preserving statistical platform; and (G) consideration of relevant recommendations from the Office of Management and Budget Advisory Committee on Data for Evidence-Building. (2) GAO evaluation \n(A) In general \nUpon publication of the report under paragraph (1), the Comptroller General of the United States shall conduct an evaluation of the SRDN pilot program, which shall include— (i) a recommendation for a potential permanent SRDN program; (ii) a technical review of the SRDN pilot program’s ability to protect individual identity from disclosure and recommendations for how a future permanent SRDN program should be constructed in order to provide a secure privacy preserving statistical platform; (iii) an analysis of the adequacy of allotted resources, issues with the solicitation of projects and public comment, and any issues faced in facilitating the collaboration of reporting entities involved in approved projects; and (iv) a review of, and recommendations for, how a permanent SRDN program will comply with relevant privacy statutes. (j) Requirements \nThe agreement entered into under subsection (a) shall— (1) be competitively awarded; (2) last not more than 5 years; (3) ensure any entity designated to operate the SRDN shall— (A) coordinate with the Statistical Official of the National Science Foundation, as part of the Statistical Official's role as an agent of the National Center for Science and Engineering Statistics and a member of the Interagency Council on Statistical Policy, in accordance with section 314(b) of title 5, United States Code, and section 3504(e)(8) of title 44, United States Code; and (B) comply with applicable requirements provided in section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ) and subchapter III of chapter 35 of title 44, United States Code (commonly known as the Confidential Information Protection and Statistical Efficiency Act of 2018 ); and (4) if practicable, establish the pilot program as a Federally funded research and development center. (k) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $100,000,000.", "id": "id5777cec9c6b7400f9298ebc3d16f9054", "header": "Secure Research Data Network" } ]
3
1. Short title This Act may be cited as the Secure Research Data Network Act. 2. Definitions In this Act: (1) Section 3561 of title 44 definitions The terms evidence , identifiable form , statistical activities , and statistical purpose have the meanings given the terms in section 3561 of title 44, United States Code. (2) Analyst The term analyst means a person either employed by, or working on behalf of, a Federal or State agency in empirical programmatic or data analysis. (3) Data asset The term data asset has the meaning given the term in section 3502 of title 44, United States Code. (4) Data steward The term data steward means an individual employed by a Federal or State agency who is familiar with the agency’s data, and has a statutory responsibility to protect the confidentiality of such data and ensure its integrity and quality. (5) Director Except as otherwise provided, the term Director means the Director of the National Science Foundation. (6) Reporting entity The term reporting entity means a Federal or State agency with data relevant to governmentwide evidence-building activities. (7) State The term State has the meaning given the term in section 502 of the National Science Foundation Authorization Act of 2010 ( 42 U.S.C. 1862p note), except that the definition shall be applied by striking , or any other territory or possession of the United States. 3. Secure Research Data Network (a) Establishment (1) In general The Director, in consultation with the Statistical Official of the National Science Foundation, the Chief Statistician of the United States, and the Director of the National Artificial Intelligence Initiative Office, shall, subject to the availability of appropriations, enter into an agreement for the establishment of the Secure Research Data Network or SRDN , which shall be operated as a pilot program. (2) Term of pilot program The pilot program operated under paragraph (1) shall run for 3 years, with the possibility of not more than two 1-year extensions, upon consideration of the Director, in consultation with the SRDN Advisory Board. (3) Additional employees The Director may hire additional employees as necessary to support the operation of the SRDN, including full-time equivalent Federal employees. (4) Avoid duplication The Director shall coordinate with the Chief Statistician of the United States to identify potential areas of overlap between the SRDN and efforts carried out at, or financially assisted by, the National Science Foundation, such as the America’s DataHub Consortium, on the date of enactment of this Act. The Chief Statistician of the United States shall seek to ensure that the activities of the SRDN enhance and complement those efforts existing on the date of enactment of this Act in order to avoid duplication and maximize the use of Federal resources. (b) Responsibilities The Director shall direct the SRDN to carry out the following: (1) Support governmentwide evidence-building activities as required under section 312 of title 5, United States Code, including implementation of agency multiyear evidence-building plans. (2) Develop, deploy, maintain, and operate a SRDN platform for authorized analysts to calculate statistics on data for evidence-building activity purposes using data assets made available by reporting entities for approved projects. (3) Execute a number of approved projects on the SRDN platform described in paragraph (2) and make the results publicly available. (4) Ensure an appropriate number of approved projects will re-examine and attempt to fully or partially replicate the results of linked data studies in existence on the date of enactment of this Act as proof of concept for the SRDN platform described in paragraph (2). (5) Maintain, in consultation with the Chief Statistician of the United States and other relevant Federal data strategy stakeholders, a public SRDN website with up-to-date information on all approved projects, including their results and documentation of the evidence-building value of each project for policymakers. (6) Consult with the National Artificial Intelligence Research Resource Task Force established under section 5106 of the National Artificial Intelligence Initiative Act of 2020 ( 15 U.S.C. 9415 ) and consider how to integrate the Task Force's recommendations and road map for expanding access to critical artificial intelligence resources and educational tools into the SRDN. (c) Privacy requirements In developing the SRDN platform under subsection (b)(2), the SRDN— (1) shall ensure the SRDN platform facilitates statistical activities for evidence-building activity purposes while reducing the privacy and security risks by developing, procuring, or adapting technology that, at a minimum, uses the latest cutting-edge technical protection measures that reasonably ensure that— (A) the SRDN platform permits only authorized analysts to perform statistical queries necessary to answer approved project questions using the data assets made available by the reporting entities; (B) no information about the data assets used in the SRDN platform is revealed to any other party, except as incorporated into the final result, which shall be used exclusively for statistical evidence-building purposes and shall not be released in an identifiable form; (C) no individual entity’s data or information is revealed by the SRDN platform to any other party in an identifiable form; (D) the SRDN platform prohibits any other queries by the SRDN or any other party through the SRDN platform; and (E) the SRDN platform minimizes the privacy risks to individual entities whose data has been made available by a reporting entity, including those that could result from data breaches of any system operated by the reporting entity; and (2) may— (A) use secure multiparty computation technologies; or (B) utilize technology other than secure multiparty computation technologies if the other technology— (i) fully complies with subparagraphs (A) through (E) of paragraph (1); and (ii) delivers greater or equivalent privacy and security than secure multiparty computation. (d) Software requirements (1) In general The Director shall ensure the SRDN develops, deploys, operates, and maintains the SRDN platform described in subsection (b)(2), along with corresponding Application Programming Interfaces (APIs), to be used by reporting entities and authorized analysts who will interact with the SRDN platform to conduct the approved projects. The Director— (A) shall direct the SRDN to consult, design, and conduct usability testing of the SRDN platform with relevant Federal and State agencies, Federal coordinating councils, subject matter experts, academia, and others with expertise in technology development, maintenance, and governance, statistics, privacy, and user-centered design, as the Director determines appropriate; (B) in consultation with the SRDN Advisory Board, shall engage in an open public review and comment process on the development of the SRDN platform and its governance policies; and (C) shall enter into an agreement for the establishment of the SRDN only with entities based in the United States or in its allied countries. (2) Public domain and open source software The Director shall ensure the SRDN makes all software developed for the SRDN platform described in subsection (b)(2) available as public domain and open source software (as defined in section 1552.239–71 of title 48, Code of Federal Regulations, or a successor regulation) both during development and after completion, and endeavor to design the architecture to ensure that appropriate components can be reused independently. The SRDN shall publicly document the construction, operation, and functionality of the software technologies it develops on the SRDN public-facing website. (3) Provision of software The Director shall ensure the SRDN provides software to reporting entities, at no cost, that the reporting entities can use to connect their own systems to the SRDN platform described in subsection (b)(2). A reporting entity may use the public domain software the SRDN makes available to build their own software that interfaces using the publicly documented API, or use the services of another agency or organization with greater or equivalent privacy and security to help them connect their own systems to the SRDN. (e) Data quality service team (1) In general The Director shall direct the SRDN to develop a plan for and operate a data quality service team that is composed of data governance, information systems, statistics, cybersecurity, and disclosure avoidance experts, who will, at no cost to the reporting entity, help reporting entities evaluate their data and prepare it for use with the SRDN platform described in subsection (b)(2) to achieve approved project goals. (2) Agency assistance A reporting entity that is a Federal agency, and a reporting entity that is a State agency that chooses to receive assistance as described in paragraph (1), shall work with the SRDN to develop a plan for preparing its data for use with the SRDN platform described in subsection (b)(2), including adopting all necessary standards. The SRDN shall approve the cost estimates prepared by the reporting entity prior to the reporting entity and the SRDN undertaking work that is eligible for reimbursement, according to guidelines established by the Director. The Director shall approve the plans and enter into reimbursable agreements with reporting entities for expenses included in the approved cost plan. In addition, the reporting entity shall— (A) make its employees responsible for the relevant data available to work with and assist the data quality service team for the extent of the project with reimbursement from the National Science Foundation for the employees’ worked hours; (B) adopt the recommendations of the data quality service team necessary to prepare the reporting entity’s data for use with the SRDN platform; and (C) notwithstanding subparagraphs (B), (C), and (D) of subsection (c)(1), provide the data quality service team with access to the relevant data. (3) Hardware and software support The Director shall direct the SRDN to provide hardware and software support technology the reporting entities need to stage and prepare data for use with the SRDN platform described in subsection (b)(2). (4) Training materials and tools The data quality service team, in coordination with the Secure Research Data Network training team described in subsection (f)(1), shall— (A) produce training materials, documented runnable code, and other tools to help reporting entities prepare their data for use with the SRDN platform described in subsection (b)(2); and (B) publish such resources on the SRDN public website. (5) Disclosure avoidance The data quality service team shall assist reporting entities as they conduct a disclosure avoidance review to ensure that project results are not released in an identifiable form. No results shall be released until a disclosure avoidance review is conducted. (f) Training (1) In general The Director shall direct the SRDN to develop a plan for and operate a Secure Research Data Network training team that is composed of data science, social science, statistics, privacy, disclosure avoidance, and cybersecurity experts, which will, at no cost to the reporting entity, help reporting entities develop capacity to produce evidence using the SRDN platform described in subsection (b)(2), explain how the SRDN platform works and how it protects data assets, and evaluate the value of the evidence for policymakers and the public. (2) Training curricula The Director shall— (A) develop, in consultation with relevant Federal and State agencies, Federal and State coordinating councils, subject matter experts, academia, and others with expertise in user-centered design, privacy preserving technologies, data science, and statistics design, as the Director determines appropriate, training curricula for agency staff and authorized analysts and make it publicly available; and (B) in consultation with the SRDN Advisory Board, engage in an open public review and comment process on the development of the curricula. (3) Curricula content The curricula developed under paragraph (2) shall build upon Federal data strategy and Office of Management and Budget evidence-building recommendations and include training in the use of the SRDN platform described in subsection (b)(2), preparation of data for use with the SRDN platform, testing and evaluation of the usefulness of the training materials and tools, and documentation of the evidence value for policymakers and the public. (g) Project proposal (1) In general The Director, in consultation with the SRDN Advisory Board and the Chief Statistician of the United States, shall develop criteria and guidelines for analysts to become authorized analysts and for project proposals to be submitted for consideration. (2) Facilitating proposals The Director shall facilitate project proposals from research communities by soliciting questions and connecting research communities with analysts from the appropriate reporting agencies through methods such as workshops, conferences, or idea labs. (3) Proposal requirements The project proposals shall be submitted by authorized analysts and, at a minimum, include the following: (A) Documentation of the relevant data assets necessitated by the project, including details of their level of preparedness for analysis with the SRDN platform under subsection (b)(2). (B) Identification of data stewards from the relevant reporting entities who will work with the data quality team to prepare data assets for analysis with the SRDN platform under subsection (b)(2). (C) Attestation from the relevant reporting entities and data stewards that they support both the proposed project and the usage of their data assets for the proposed project. (D) Documentation of the evidence-building value the project would provide to policymakers. (E) Feedback and comments on the proposed project collected from nonprofit organizations, Tribal communities and governments, relevant State and local governments, community leaders, and other members of the public, as appropriate. (h) Advisory board (1) In general The Director, in consultation with the Directorate for Social, Behavioral and Economic Sciences of the National Science Foundation, the Directorate for Computer and Information Science and Engineering of the National Science Foundation, and the Chief Statistician of the United States, shall establish a SRDN Advisory Board. The SRDN Advisory Board shall be responsible for receiving, evaluating, advising, and prioritizing a diverse set of project proposals based on National Science Foundation strategic priorities and established evidence-building plans and policy-relevant questions required of Federal agencies in accordance with section 312 of title 5, United States Code, from multiple different authorized analysts for the consideration of the Director. (2) Members (A) In general The SRDN Advisory Board shall consist of 15 members from a broad range of specialties and institutions, including individuals with expertise in producing high-value evidence, data stewardship, cybersecurity, privacy, data governance, State and Federal program evaluation, State and Federal data infrastructure, State and Federal statistics infrastructure, and social science research. (B) Federal employees and non-Federal employees The SRDN Advisory Board shall consist of members who are employed by a Federal agency and members who are not employed by a Federal agency. (C) Diversity The SRDN Advisory Board shall have a diverse membership based on gender, race, ethnicity, and geography. One-third of the members of the SRDN Advisory Board shall consist of individuals located in jurisdictions that participate in the program under section 113 of the National Science Foundation Authorization Act of 1988 ( 42 U.S.C. 1862g ). (3) Duties The SRDN Advisory Board shall consider, at a minimum, the following: (A) The feasibility of the proposed project, including preparedness of necessary data components, formal support from relevant data stewards and reporting entities, plans and resources to implement an adequate data governance plan, and reporting entity technological capabilities. (B) How the proposed project supports established evidence-building plans and answers policy-relevant questions required of Federal agencies in accordance with section 312 of title 5, United States Code, and to what extent the project represents a diverse group of data sources and statistical work in the Federal Government or in Federal-State partnerships. (C) Feedback and comments included in the project proposal. (i) Reporting (1) In general Not later than 3 years after the date of enactment of this Act, the Director, in consultation with the SRDN Advisory Board, shall produce a final report, to be published on the SRDN website and shared with relevant committees of Congress, which includes— (A) the technological considerations of the SRDN platform described in subsection (b)(2); (B) recommendations for future SRDN projects; (C) a summary of all the SRDN projects undertaken, including their results, details of the data sources used, and analysis of their disparate impacts on subgroups; (D) a description of how project results are relevant to Federal agency evidence-building plans and policy-relevant questions, as required under section 312 of title 5, United States Code; (E) lessons learned by the data quality service team, operated pursuant to subsection (e)(1), from working with reporting entity stakeholders to prepare their data for the SRDN platform described in subsection (b)(2); (F) recommendations for a permanent program that would be called the Secure Research Data Network, including needs for additional capacity, functionality, and funding related to providing a secure privacy preserving statistical platform; and (G) consideration of relevant recommendations from the Office of Management and Budget Advisory Committee on Data for Evidence-Building. (2) GAO evaluation (A) In general Upon publication of the report under paragraph (1), the Comptroller General of the United States shall conduct an evaluation of the SRDN pilot program, which shall include— (i) a recommendation for a potential permanent SRDN program; (ii) a technical review of the SRDN pilot program’s ability to protect individual identity from disclosure and recommendations for how a future permanent SRDN program should be constructed in order to provide a secure privacy preserving statistical platform; (iii) an analysis of the adequacy of allotted resources, issues with the solicitation of projects and public comment, and any issues faced in facilitating the collaboration of reporting entities involved in approved projects; and (iv) a review of, and recommendations for, how a permanent SRDN program will comply with relevant privacy statutes. (j) Requirements The agreement entered into under subsection (a) shall— (1) be competitively awarded; (2) last not more than 5 years; (3) ensure any entity designated to operate the SRDN shall— (A) coordinate with the Statistical Official of the National Science Foundation, as part of the Statistical Official's role as an agent of the National Center for Science and Engineering Statistics and a member of the Interagency Council on Statistical Policy, in accordance with section 314(b) of title 5, United States Code, and section 3504(e)(8) of title 44, United States Code; and (B) comply with applicable requirements provided in section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ) and subchapter III of chapter 35 of title 44, United States Code (commonly known as the Confidential Information Protection and Statistical Efficiency Act of 2018 ); and (4) if practicable, establish the pilot program as a Federally funded research and development center. (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000.
20,195
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1,373
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To reduce, from 21 years of age to 18 years of age, the minimum age at which a person may obtain a handgun from a Federal firearms licensee.
[ { "text": "1. Short title \nThis Act may be cited as the Second Amendment Mandates Equality Act or the SAME Act.", "id": "HEDE4FE4A3DE348AB9EF5EDBCCBF6123A", "header": "Short title" }, { "text": "2. Minimum age for obtaining a handgun from a Federal firearms licensee \n(a) In general \nSection 922(b)(1) of title 18, United States Code, is amended by striking , and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age. (b) Conforming amendment \nSection 922(c)(1) of such title is amended by striking , in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle,.", "id": "H12CB064CEB0C4930B511EBAFA7F16094", "header": "Minimum age for obtaining a handgun from a Federal firearms licensee" } ]
2
1. Short title This Act may be cited as the Second Amendment Mandates Equality Act or the SAME Act. 2. Minimum age for obtaining a handgun from a Federal firearms licensee (a) In general Section 922(b)(1) of title 18, United States Code, is amended by striking , and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age. (b) Conforming amendment Section 922(c)(1) of such title is amended by striking , in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle,.
714
117s1675rs
117
s
1,675
rs
To improve maternal health.
[ { "text": "1. Short title \nThis Act may be cited as the Maternal Health Quality Improvement Act.", "id": "S1", "header": "Short title" }, { "text": "2. Innovation for maternal health \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330N of such Act, the following: 330O. Innovation for maternal health \n(a) In general \nThe Secretary, in consultation with experts representing a variety of clinical specialties, State, tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality, improve maternal and infant health outcomes, eliminate preventable maternal mortality and severe maternal morbidity, and improve infant health outcomes, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities \nTo be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report \nNot later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026..", "id": "idFA83D5DE395443E98D42D8232952297E", "header": "Innovation for maternal health" }, { "text": "330O. Innovation for maternal health \n(a) In general \nThe Secretary, in consultation with experts representing a variety of clinical specialties, State, tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality, improve maternal and infant health outcomes, eliminate preventable maternal mortality and severe maternal morbidity, and improve infant health outcomes, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities \nTo be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report \nNot later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026.", "id": "idC5696AB1303447E6B615F33FF0D14D75", "header": "Innovation for maternal health" }, { "text": "3. Training for health care providers \nTitle VII of the Public Health Service Act is amended by striking section 763 ( 42 U.S.C. 294p ) and inserting the following: 763. Training for health care providers \n(a) Grant program \nThe Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility \nTo be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements \n(1) Periodic grantee reports \nEach entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress \nNot later than September 30, 2024, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices \nThe Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026..", "id": "id8ac64c2ab5bf4d089397c71cbd176b11", "header": "Training for health care providers" }, { "text": "763. Training for health care providers \n(a) Grant program \nThe Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility \nTo be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements \n(1) Periodic grantee reports \nEach entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress \nNot later than September 30, 2024, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices \nThe Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.", "id": "id6e4ea6f2cd7d495aad4233a637862b82", "header": "Training for health care providers" }, { "text": "4. Study on improving training for health care providers \nNot later than 2 years after date of enactment of this Act, the Secretary of Health and Human Services shall, through a contract with an independent research organization, conduct a study and make recommendations for accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs on best practices related to training to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care.", "id": "iddcf6360d9db54186bf322dda029f77de", "header": "Study on improving training for health care providers" }, { "text": "5. Perinatal quality collaboratives \n(a) In general \nSection 317K(a)(2) of the Public Health Service Act ( 42 U.S.C. 247b–12(a)(2) ) is amended by adding at the end the following: (E) (i) The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall establish or continue a competitive grant program for the establishment or support of perinatal quality collaboratives to improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants. A State, Indian Tribe, or Tribal organization may use funds received through such grant to— (I) support the use of evidence-based or evidence-informed practices to improve outcomes for maternal and infant health; (II) work with clinical teams; experts; State, local, and, as appropriate, tribal public health officials; and stakeholders, including patients and families, to identify, develop, or disseminate best practices to improve perinatal care and outcomes; and (III) employ strategies that provide opportunities for health care professionals and clinical teams to collaborate across health care settings and disciplines, including primary care and mental health, as appropriate, to improve maternal and infant health outcomes, which may include the use of data to provide timely feedback across hospital and clinical teams to inform responses, and to provide support and training to hospital and clinical teams for quality improvement, as appropriate. (ii) To be eligible for a grant under clause (i), an entity shall submit to the Secretary an application in such form and manner and containing such information as the Secretary may require.. (b) Report to Congress \nNot later than September 30, 2025, the Secretary of Health and Human Services shall submit to Congress a report regarding the activities conducted by recipients of grants under subsection (a)(2)(E) of section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ).", "id": "id53d731ebf1ee4b548f41bbb81d453fd6", "header": "Perinatal quality collaboratives" }, { "text": "6. Integrated services for pregnant and postpartum women \n(a) Grants \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330O of such Act, as added by section 2, the following: 330P. Integrated services for pregnant and postpartum women \n(a) In general \nThe Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women \n(1) Eligibility \nTo be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms \n(A) Period \nA grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Preference \nIn awarding grants under subsection (a), the Secretary shall— (i) give preference to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation \nThe Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.. (b) Report on grant outcomes and dissemination of best practices \n(1) Report \nNot later than February 1, 2026, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (A) the outcomes of the activities supported by the grants awarded under the amendments made by this section on maternal and child health; (B) best practices and models of care used by recipients of grants under such amendments; and (C) obstacles identified by recipients of grants under such amendments, and strategies used by such recipients to deliver care, improve maternal and child health, and reduce health disparities. (2) Dissemination of best practices \nNot later than August 1, 2026, the Secretary of Health and Human Services shall disseminate information on best practices and models of care used by recipients of grants under the amendments made by this section (including best practices and models of care relating to the reduction of health disparities, including such disparities associated with racial and ethnic minority populations, in rates of maternal mortality and severe maternal morbidity) to relevant stakeholders, which may include health providers, medical schools, nursing schools, relevant State, tribal, and local agencies, and the general public.", "id": "idf390dc12950a4706a21d9076651f80c3", "header": "Integrated services for pregnant and postpartum women" }, { "text": "330P. Integrated services for pregnant and postpartum women \n(a) In general \nThe Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women \n(1) Eligibility \nTo be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms \n(A) Period \nA grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Preference \nIn awarding grants under subsection (a), the Secretary shall— (i) give preference to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation \nThe Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.", "id": "id94ead5d30ba9425aa1d17562dfea4d57", "header": "Integrated services for pregnant and postpartum women" }, { "text": "1. Short title \nThis Act may be cited as the Maternal Health Quality Improvement Act.", "id": "ide906493f-8f9a-4881-829d-49a2471f2610", "header": "Short title" }, { "text": "2. Innovation for maternal health \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330N of such Act, the following: 330O. Innovation for maternal health \n(a) In general \nThe Secretary, in consultation with experts representing a variety of clinical specialties, State, Tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality and outcomes, improve maternal and infant health, and eliminate preventable maternal mortality and severe maternal morbidity, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities \nTo be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report \nNot later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026..", "id": "idd130c401-f402-4e97-958a-2586780af602", "header": "Innovation for maternal health" }, { "text": "330O. Innovation for maternal health \n(a) In general \nThe Secretary, in consultation with experts representing a variety of clinical specialties, State, Tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality and outcomes, improve maternal and infant health, and eliminate preventable maternal mortality and severe maternal morbidity, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities \nTo be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report \nNot later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026.", "id": "id364be9f9-8638-4205-ba03-a2590be70bf1", "header": "Innovation for maternal health" }, { "text": "3. Training for health care providers \nTitle VII of the Public Health Service Act is amended by striking section 763 ( 42 U.S.C. 294p ) and inserting the following: 763. Training for health care providers \n(a) Grant program \nThe Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility \nTo be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements \n(1) Periodic grantee reports \nEach entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress \nNot later than September 30, 2025, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices \nThe Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026..", "id": "idb8aa234d-aead-4a14-a661-5aab577cfcc1", "header": "Training for health care providers" }, { "text": "763. Training for health care providers \n(a) Grant program \nThe Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility \nTo be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements \n(1) Periodic grantee reports \nEach entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress \nNot later than September 30, 2025, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices \nThe Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.", "id": "id43c56be8-d200-4775-bf74-07b4d21e8510", "header": "Training for health care providers" }, { "text": "4. Study on improving training for health care providers \nNot later than 2 years after date of enactment of this Act, the Secretary of Health and Human Services shall, through a contract with an independent research organization, conduct a study and make recommendations for accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs on best practices related to training to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care.", "id": "idce70a83f-8125-4d95-a796-26aec50bd73d", "header": "Study on improving training for health care providers" }, { "text": "5. Perinatal quality collaboratives \n(a) In general \nSection 317K(a)(2) of the Public Health Service Act ( 42 U.S.C. 247b–12(a)(2) ) is amended by adding at the end the following: (E) (i) The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall establish or continue a competitive grant program for the establishment or support of perinatal quality collaboratives to improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants. A State, Indian Tribe, or Tribal organization may use funds received through such grant to— (I) support the use of evidence-based or evidence-informed practices to improve outcomes for maternal and infant health; (II) work with clinical teams; experts; State, local, and, as appropriate, Tribal public health officials; and stakeholders, including patients and families, to identify, develop, or disseminate best practices to improve perinatal care and outcomes; and (III) employ strategies that provide opportunities for health care professionals and clinical teams to collaborate across health care settings and disciplines, including primary care and mental health, as appropriate, to improve maternal and infant health outcomes, which may include the use of data to provide timely feedback across hospital and clinical teams to inform responses, and to provide support and training to hospital and clinical teams for quality improvement, as appropriate. (ii) To be eligible for a grant under clause (i), an entity shall submit to the Secretary an application in such form and manner and containing such information as the Secretary may require.. (b) Report to Congress \nNot later than September 30, 2025, the Secretary of Health and Human Services shall submit to Congress a report regarding the activities conducted by recipients of grants under subsection (a)(2)(E) of section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ).", "id": "idd72f8d39-9b8b-4af7-89d9-69132bb7e0a9", "header": "Perinatal quality collaboratives" }, { "text": "6. Integrated services for pregnant and postpartum women \n(a) Grants \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330O of such Act, as added by section 2, the following: 330P. Integrated services for pregnant and postpartum women \n(a) In general \nThe Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women \n(1) Eligibility \nTo be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms \n(A) Period \nA grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Priorities \nIn awarding grants under subsection (a), the Secretary shall— (i) give priority to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation \nThe Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.. (b) Report on grant outcomes and dissemination of best practices \n(1) Report \nNot later than February 1, 2026, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (A) the outcomes of the activities supported by the grants awarded under the amendments made by this section on maternal and child health; (B) best practices and models of care used by recipients of grants under such amendments; and (C) obstacles identified by recipients of grants under such amendments, and strategies used by such recipients to deliver care, improve maternal and child health, and reduce health disparities. (2) Dissemination of best practices \nNot later than August 1, 2026, the Secretary of Health and Human Services shall disseminate information on best practices and models of care used by recipients of grants under the amendments made by this section (including best practices and models of care relating to the reduction of health disparities, including such disparities associated with racial and ethnic minority populations, in rates of maternal mortality and severe maternal morbidity) to relevant stakeholders, which may include health providers, medical schools, nursing schools, relevant State, Tribal, and local agencies, and the general public.", "id": "iddf2c3e27-cf39-419b-bf19-feeef952ed5b", "header": "Integrated services for pregnant and postpartum women" }, { "text": "330P. Integrated services for pregnant and postpartum women \n(a) In general \nThe Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women \n(1) Eligibility \nTo be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms \n(A) Period \nA grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Priorities \nIn awarding grants under subsection (a), the Secretary shall— (i) give priority to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation \nThe Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.", "id": "id1a25dc00-7623-46d6-9678-02f60d75b31e", "header": "Integrated services for pregnant and postpartum women" }, { "text": "7. Maternal vaccination awareness \nIn carrying out the public awareness initiative related to vaccinations pursuant to section 313 of the Public Health Service Act ( 42 U.S.C. 245 ), the Secretary of Health and Human Services shall take into consideration the importance of increasing awareness and knowledge of the safety and effectiveness of vaccines to prevent disease in pregnant and postpartum women and in infants and the need to improve vaccination rates in communities and populations with low rates of vaccination.", "id": "id65c1a9e07bb0437a8639471f0966a571", "header": "Maternal vaccination awareness" } ]
19
1. Short title This Act may be cited as the Maternal Health Quality Improvement Act. 2. Innovation for maternal health Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330N of such Act, the following: 330O. Innovation for maternal health (a) In general The Secretary, in consultation with experts representing a variety of clinical specialties, State, tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality, improve maternal and infant health outcomes, eliminate preventable maternal mortality and severe maternal morbidity, and improve infant health outcomes, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities To be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report Not later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026.. 330O. Innovation for maternal health (a) In general The Secretary, in consultation with experts representing a variety of clinical specialties, State, tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality, improve maternal and infant health outcomes, eliminate preventable maternal mortality and severe maternal morbidity, and improve infant health outcomes, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities To be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report Not later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026. 3. Training for health care providers Title VII of the Public Health Service Act is amended by striking section 763 ( 42 U.S.C. 294p ) and inserting the following: 763. Training for health care providers (a) Grant program The Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility To be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements (1) Periodic grantee reports Each entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress Not later than September 30, 2024, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices The Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.. 763. Training for health care providers (a) Grant program The Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility To be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements (1) Periodic grantee reports Each entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress Not later than September 30, 2024, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices The Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026. 4. Study on improving training for health care providers Not later than 2 years after date of enactment of this Act, the Secretary of Health and Human Services shall, through a contract with an independent research organization, conduct a study and make recommendations for accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs on best practices related to training to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. 5. Perinatal quality collaboratives (a) In general Section 317K(a)(2) of the Public Health Service Act ( 42 U.S.C. 247b–12(a)(2) ) is amended by adding at the end the following: (E) (i) The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall establish or continue a competitive grant program for the establishment or support of perinatal quality collaboratives to improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants. A State, Indian Tribe, or Tribal organization may use funds received through such grant to— (I) support the use of evidence-based or evidence-informed practices to improve outcomes for maternal and infant health; (II) work with clinical teams; experts; State, local, and, as appropriate, tribal public health officials; and stakeholders, including patients and families, to identify, develop, or disseminate best practices to improve perinatal care and outcomes; and (III) employ strategies that provide opportunities for health care professionals and clinical teams to collaborate across health care settings and disciplines, including primary care and mental health, as appropriate, to improve maternal and infant health outcomes, which may include the use of data to provide timely feedback across hospital and clinical teams to inform responses, and to provide support and training to hospital and clinical teams for quality improvement, as appropriate. (ii) To be eligible for a grant under clause (i), an entity shall submit to the Secretary an application in such form and manner and containing such information as the Secretary may require.. (b) Report to Congress Not later than September 30, 2025, the Secretary of Health and Human Services shall submit to Congress a report regarding the activities conducted by recipients of grants under subsection (a)(2)(E) of section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ). 6. Integrated services for pregnant and postpartum women (a) Grants Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330O of such Act, as added by section 2, the following: 330P. Integrated services for pregnant and postpartum women (a) In general The Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women (1) Eligibility To be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms (A) Period A grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Preference In awarding grants under subsection (a), the Secretary shall— (i) give preference to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation The Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.. (b) Report on grant outcomes and dissemination of best practices (1) Report Not later than February 1, 2026, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (A) the outcomes of the activities supported by the grants awarded under the amendments made by this section on maternal and child health; (B) best practices and models of care used by recipients of grants under such amendments; and (C) obstacles identified by recipients of grants under such amendments, and strategies used by such recipients to deliver care, improve maternal and child health, and reduce health disparities. (2) Dissemination of best practices Not later than August 1, 2026, the Secretary of Health and Human Services shall disseminate information on best practices and models of care used by recipients of grants under the amendments made by this section (including best practices and models of care relating to the reduction of health disparities, including such disparities associated with racial and ethnic minority populations, in rates of maternal mortality and severe maternal morbidity) to relevant stakeholders, which may include health providers, medical schools, nursing schools, relevant State, tribal, and local agencies, and the general public. 330P. Integrated services for pregnant and postpartum women (a) In general The Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women (1) Eligibility To be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms (A) Period A grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Preference In awarding grants under subsection (a), the Secretary shall— (i) give preference to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation The Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026. 1. Short title This Act may be cited as the Maternal Health Quality Improvement Act. 2. Innovation for maternal health Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330N of such Act, the following: 330O. Innovation for maternal health (a) In general The Secretary, in consultation with experts representing a variety of clinical specialties, State, Tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality and outcomes, improve maternal and infant health, and eliminate preventable maternal mortality and severe maternal morbidity, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities To be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report Not later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026.. 330O. Innovation for maternal health (a) In general The Secretary, in consultation with experts representing a variety of clinical specialties, State, Tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality and outcomes, improve maternal and infant health, and eliminate preventable maternal mortality and severe maternal morbidity, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities To be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report Not later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026. 3. Training for health care providers Title VII of the Public Health Service Act is amended by striking section 763 ( 42 U.S.C. 294p ) and inserting the following: 763. Training for health care providers (a) Grant program The Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility To be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements (1) Periodic grantee reports Each entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress Not later than September 30, 2025, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices The Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.. 763. Training for health care providers (a) Grant program The Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility To be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements (1) Periodic grantee reports Each entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress Not later than September 30, 2025, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices The Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026. 4. Study on improving training for health care providers Not later than 2 years after date of enactment of this Act, the Secretary of Health and Human Services shall, through a contract with an independent research organization, conduct a study and make recommendations for accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs on best practices related to training to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. 5. Perinatal quality collaboratives (a) In general Section 317K(a)(2) of the Public Health Service Act ( 42 U.S.C. 247b–12(a)(2) ) is amended by adding at the end the following: (E) (i) The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall establish or continue a competitive grant program for the establishment or support of perinatal quality collaboratives to improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants. A State, Indian Tribe, or Tribal organization may use funds received through such grant to— (I) support the use of evidence-based or evidence-informed practices to improve outcomes for maternal and infant health; (II) work with clinical teams; experts; State, local, and, as appropriate, Tribal public health officials; and stakeholders, including patients and families, to identify, develop, or disseminate best practices to improve perinatal care and outcomes; and (III) employ strategies that provide opportunities for health care professionals and clinical teams to collaborate across health care settings and disciplines, including primary care and mental health, as appropriate, to improve maternal and infant health outcomes, which may include the use of data to provide timely feedback across hospital and clinical teams to inform responses, and to provide support and training to hospital and clinical teams for quality improvement, as appropriate. (ii) To be eligible for a grant under clause (i), an entity shall submit to the Secretary an application in such form and manner and containing such information as the Secretary may require.. (b) Report to Congress Not later than September 30, 2025, the Secretary of Health and Human Services shall submit to Congress a report regarding the activities conducted by recipients of grants under subsection (a)(2)(E) of section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ). 6. Integrated services for pregnant and postpartum women (a) Grants Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330O of such Act, as added by section 2, the following: 330P. Integrated services for pregnant and postpartum women (a) In general The Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women (1) Eligibility To be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms (A) Period A grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Priorities In awarding grants under subsection (a), the Secretary shall— (i) give priority to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation The Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.. (b) Report on grant outcomes and dissemination of best practices (1) Report Not later than February 1, 2026, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (A) the outcomes of the activities supported by the grants awarded under the amendments made by this section on maternal and child health; (B) best practices and models of care used by recipients of grants under such amendments; and (C) obstacles identified by recipients of grants under such amendments, and strategies used by such recipients to deliver care, improve maternal and child health, and reduce health disparities. (2) Dissemination of best practices Not later than August 1, 2026, the Secretary of Health and Human Services shall disseminate information on best practices and models of care used by recipients of grants under the amendments made by this section (including best practices and models of care relating to the reduction of health disparities, including such disparities associated with racial and ethnic minority populations, in rates of maternal mortality and severe maternal morbidity) to relevant stakeholders, which may include health providers, medical schools, nursing schools, relevant State, Tribal, and local agencies, and the general public. 330P. Integrated services for pregnant and postpartum women (a) In general The Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women (1) Eligibility To be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms (A) Period A grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Priorities In awarding grants under subsection (a), the Secretary shall— (i) give priority to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation The Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026. 7. Maternal vaccination awareness In carrying out the public awareness initiative related to vaccinations pursuant to section 313 of the Public Health Service Act ( 42 U.S.C. 245 ), the Secretary of Health and Human Services shall take into consideration the importance of increasing awareness and knowledge of the safety and effectiveness of vaccines to prevent disease in pregnant and postpartum women and in infants and the need to improve vaccination rates in communities and populations with low rates of vaccination.
39,249
117s1675is
117
s
1,675
is
To improve maternal health.
[ { "text": "1. Short title \nThis Act may be cited as the Maternal Health Quality Improvement Act.", "id": "S1", "header": "Short title" }, { "text": "2. Innovation for maternal health \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330N of such Act, the following: 330O. Innovation for maternal health \n(a) In general \nThe Secretary, in consultation with experts representing a variety of clinical specialties, State, tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality, improve maternal and infant health outcomes, eliminate preventable maternal mortality and severe maternal morbidity, and improve infant health outcomes, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities \nTo be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report \nNot later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026..", "id": "idFA83D5DE395443E98D42D8232952297E", "header": "Innovation for maternal health" }, { "text": "330O. Innovation for maternal health \n(a) In general \nThe Secretary, in consultation with experts representing a variety of clinical specialties, State, tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality, improve maternal and infant health outcomes, eliminate preventable maternal mortality and severe maternal morbidity, and improve infant health outcomes, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities \nTo be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report \nNot later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026.", "id": "idC5696AB1303447E6B615F33FF0D14D75", "header": "Innovation for maternal health" }, { "text": "3. Training for health care providers \nTitle VII of the Public Health Service Act is amended by striking section 763 ( 42 U.S.C. 294p ) and inserting the following: 763. Training for health care providers \n(a) Grant program \nThe Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility \nTo be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements \n(1) Periodic grantee reports \nEach entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress \nNot later than September 30, 2024, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices \nThe Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026..", "id": "id8ac64c2ab5bf4d089397c71cbd176b11", "header": "Training for health care providers" }, { "text": "763. Training for health care providers \n(a) Grant program \nThe Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility \nTo be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements \n(1) Periodic grantee reports \nEach entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress \nNot later than September 30, 2024, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices \nThe Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.", "id": "id6e4ea6f2cd7d495aad4233a637862b82", "header": "Training for health care providers" }, { "text": "4. Study on improving training for health care providers \nNot later than 2 years after date of enactment of this Act, the Secretary of Health and Human Services shall, through a contract with an independent research organization, conduct a study and make recommendations for accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs on best practices related to training to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care.", "id": "iddcf6360d9db54186bf322dda029f77de", "header": "Study on improving training for health care providers" }, { "text": "5. Perinatal quality collaboratives \n(a) In general \nSection 317K(a)(2) of the Public Health Service Act ( 42 U.S.C. 247b–12(a)(2) ) is amended by adding at the end the following: (E) (i) The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall establish or continue a competitive grant program for the establishment or support of perinatal quality collaboratives to improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants. A State, Indian Tribe, or Tribal organization may use funds received through such grant to— (I) support the use of evidence-based or evidence-informed practices to improve outcomes for maternal and infant health; (II) work with clinical teams; experts; State, local, and, as appropriate, tribal public health officials; and stakeholders, including patients and families, to identify, develop, or disseminate best practices to improve perinatal care and outcomes; and (III) employ strategies that provide opportunities for health care professionals and clinical teams to collaborate across health care settings and disciplines, including primary care and mental health, as appropriate, to improve maternal and infant health outcomes, which may include the use of data to provide timely feedback across hospital and clinical teams to inform responses, and to provide support and training to hospital and clinical teams for quality improvement, as appropriate. (ii) To be eligible for a grant under clause (i), an entity shall submit to the Secretary an application in such form and manner and containing such information as the Secretary may require.. (b) Report to Congress \nNot later than September 30, 2025, the Secretary of Health and Human Services shall submit to Congress a report regarding the activities conducted by recipients of grants under subsection (a)(2)(E) of section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ).", "id": "id53d731ebf1ee4b548f41bbb81d453fd6", "header": "Perinatal quality collaboratives" }, { "text": "6. Integrated services for pregnant and postpartum women \n(a) Grants \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330O of such Act, as added by section 2, the following: 330P. Integrated services for pregnant and postpartum women \n(a) In general \nThe Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women \n(1) Eligibility \nTo be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms \n(A) Period \nA grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Preference \nIn awarding grants under subsection (a), the Secretary shall— (i) give preference to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation \nThe Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.. (b) Report on grant outcomes and dissemination of best practices \n(1) Report \nNot later than February 1, 2026, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (A) the outcomes of the activities supported by the grants awarded under the amendments made by this section on maternal and child health; (B) best practices and models of care used by recipients of grants under such amendments; and (C) obstacles identified by recipients of grants under such amendments, and strategies used by such recipients to deliver care, improve maternal and child health, and reduce health disparities. (2) Dissemination of best practices \nNot later than August 1, 2026, the Secretary of Health and Human Services shall disseminate information on best practices and models of care used by recipients of grants under the amendments made by this section (including best practices and models of care relating to the reduction of health disparities, including such disparities associated with racial and ethnic minority populations, in rates of maternal mortality and severe maternal morbidity) to relevant stakeholders, which may include health providers, medical schools, nursing schools, relevant State, tribal, and local agencies, and the general public.", "id": "idf390dc12950a4706a21d9076651f80c3", "header": "Integrated services for pregnant and postpartum women" }, { "text": "330P. Integrated services for pregnant and postpartum women \n(a) In general \nThe Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women \n(1) Eligibility \nTo be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms \n(A) Period \nA grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Preference \nIn awarding grants under subsection (a), the Secretary shall— (i) give preference to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation \nThe Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.", "id": "id94ead5d30ba9425aa1d17562dfea4d57", "header": "Integrated services for pregnant and postpartum women" } ]
9
1. Short title This Act may be cited as the Maternal Health Quality Improvement Act. 2. Innovation for maternal health Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330N of such Act, the following: 330O. Innovation for maternal health (a) In general The Secretary, in consultation with experts representing a variety of clinical specialties, State, tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality, improve maternal and infant health outcomes, eliminate preventable maternal mortality and severe maternal morbidity, and improve infant health outcomes, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities To be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report Not later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026.. 330O. Innovation for maternal health (a) In general The Secretary, in consultation with experts representing a variety of clinical specialties, State, tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality, improve maternal and infant health outcomes, eliminate preventable maternal mortality and severe maternal morbidity, and improve infant health outcomes, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities To be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report Not later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026. 3. Training for health care providers Title VII of the Public Health Service Act is amended by striking section 763 ( 42 U.S.C. 294p ) and inserting the following: 763. Training for health care providers (a) Grant program The Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility To be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements (1) Periodic grantee reports Each entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress Not later than September 30, 2024, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices The Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.. 763. Training for health care providers (a) Grant program The Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility To be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements (1) Periodic grantee reports Each entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress Not later than September 30, 2024, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices The Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026. 4. Study on improving training for health care providers Not later than 2 years after date of enactment of this Act, the Secretary of Health and Human Services shall, through a contract with an independent research organization, conduct a study and make recommendations for accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs on best practices related to training to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. 5. Perinatal quality collaboratives (a) In general Section 317K(a)(2) of the Public Health Service Act ( 42 U.S.C. 247b–12(a)(2) ) is amended by adding at the end the following: (E) (i) The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall establish or continue a competitive grant program for the establishment or support of perinatal quality collaboratives to improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants. A State, Indian Tribe, or Tribal organization may use funds received through such grant to— (I) support the use of evidence-based or evidence-informed practices to improve outcomes for maternal and infant health; (II) work with clinical teams; experts; State, local, and, as appropriate, tribal public health officials; and stakeholders, including patients and families, to identify, develop, or disseminate best practices to improve perinatal care and outcomes; and (III) employ strategies that provide opportunities for health care professionals and clinical teams to collaborate across health care settings and disciplines, including primary care and mental health, as appropriate, to improve maternal and infant health outcomes, which may include the use of data to provide timely feedback across hospital and clinical teams to inform responses, and to provide support and training to hospital and clinical teams for quality improvement, as appropriate. (ii) To be eligible for a grant under clause (i), an entity shall submit to the Secretary an application in such form and manner and containing such information as the Secretary may require.. (b) Report to Congress Not later than September 30, 2025, the Secretary of Health and Human Services shall submit to Congress a report regarding the activities conducted by recipients of grants under subsection (a)(2)(E) of section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ). 6. Integrated services for pregnant and postpartum women (a) Grants Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330O of such Act, as added by section 2, the following: 330P. Integrated services for pregnant and postpartum women (a) In general The Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women (1) Eligibility To be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms (A) Period A grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Preference In awarding grants under subsection (a), the Secretary shall— (i) give preference to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation The Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.. (b) Report on grant outcomes and dissemination of best practices (1) Report Not later than February 1, 2026, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (A) the outcomes of the activities supported by the grants awarded under the amendments made by this section on maternal and child health; (B) best practices and models of care used by recipients of grants under such amendments; and (C) obstacles identified by recipients of grants under such amendments, and strategies used by such recipients to deliver care, improve maternal and child health, and reduce health disparities. (2) Dissemination of best practices Not later than August 1, 2026, the Secretary of Health and Human Services shall disseminate information on best practices and models of care used by recipients of grants under the amendments made by this section (including best practices and models of care relating to the reduction of health disparities, including such disparities associated with racial and ethnic minority populations, in rates of maternal mortality and severe maternal morbidity) to relevant stakeholders, which may include health providers, medical schools, nursing schools, relevant State, tribal, and local agencies, and the general public. 330P. Integrated services for pregnant and postpartum women (a) In general The Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women (1) Eligibility To be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms (A) Period A grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Preference In awarding grants under subsection (a), the Secretary shall— (i) give preference to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation The Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.
19,392
117s1939is
117
s
1,939
is
To facilitate the expedited review of antisemitic hate crimes, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Preventing Antisemitic Hate Crimes Act.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Jews are the targets of the majority of hate crimes committed in the United States against any religious group, including attacks on houses of worship and Jewish community centers. (2) Amid ongoing conflict in May 2021 between Israel, which is one of the closest allies of the United States, and Hamas, which is a terrorist organization and has been designated by the United States as such since 1997, media reports indicate that there has been a dramatic increase in hate crimes and violence against Jews in the United States. (3) Media reports indicate that activists and mobs acting in support of the terrorist group, Hamas, and its sympathizers have incited and perpetrated hate crimes and violence against Jews in the United States in 2021. (4) A recent survey conducted by the Anti-Defamation League indicates that 63 percent of American Jews have directly experienced or witnessed antisemitic hate incidents within the past 5 years. (5) Antisemitism has long perpetrated myths about Jews, including the Russian fabrication of the Protocols of the Elders of Zion and the wide circulation of libelous falsehoods about the Jewish murder of infants. (6) The International Holocaust Remembrance Alliance defines antisemitism as a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities. (7) In its most extreme form, antisemitism aims at the physical destruction of the Jewish people, as seen in pogroms, forced conversions, and Nazi Germany’s murder of over 6,000,000 Jews. (8) Antisemitism has included attacks on the livelihood of Jews, including prohibitions on land ownership, campaigns to boycott, confiscate, or destroy Jewish businesses, and denial of the ability of Jews to practice certain professions. (9) In the United States, Jews have suffered from systematic discrimination in the form of exclusion from home ownership in certain neighborhoods, prohibition from staying in certain hotels, restrictions upon membership in private clubs and other associations, limitations upon admission to certain educational institutions, and other barriers to equal justice under the law. (10) In the United States, Jews have faced, and continue to face, false accusations of divided loyalty between the United States and Israel, false claims that they purchase political power with money, and false accusations about control of the financial system, along with other negative stereotypes. (11) The people of the United States stand in solidarity with those affected by hate incidents directed toward the American Jewish community.", "id": "id99a90099331b48b2a7e18872dceb97ca", "header": "Findings" }, { "text": "3. Review of hate crimes \n(a) In general \nNot later than 7 days after the date of enactment of this Act, the Attorney General shall designate an officer or employee of the Department of Justice whose responsibility during the applicable period shall be to facilitate the expedited review of antisemitic hate crimes (as described in section 249 of title 18, United States Code) and reports of any such crime to Federal, State, local, or Tribal law enforcement agencies. (b) Applicable period defined \nIn this section, the term applicable period means the period beginning on the date on which the officer or employee is designated under subsection (a), and ending on the date that is 3 years after the date of enactment of this Act, except that the Attorney General may extend such period as appropriate.", "id": "id8688a16ae74f43d7b52c1bdc6cffa94e", "header": "Review of hate crimes" }, { "text": "4. Improving antisemitic hate crime prevention efforts \n(a) Guidance for law enforcement agencies \nThe Attorney General shall issue guidance for State, local, and Tribal law enforcement agencies, pursuant to this Act and other applicable law, on how to expand public education campaigns aimed at raising awareness of antisemitic hate crimes and reaching victims that are equally effective for people with disabilities as for people without disabilities. (b) Report to congress \n(1) In general \nNot later than 90 days after the date of enactment of this Act, and every 90 days thereafter until December 31, 2024, the Attorney General shall issue a report to the appropriate congressional committees summarizing— (A) the number of hate crimes and other incidents reported to the Federal Bureau of Investigation during the preceding 90 days for which the government has reason to believe that the victim was targeted because he or she is Jewish or was perceived to be Jewish; (B) the number of active investigations into antisemitic hate crimes, disaggregated by the division of the Department of Justice responsible for the investigation; (C) the number of active prosecutions of antisemitic hate crimes, disaggregated by district, primary charge filed, and whether the prosecution is primarily conducted by the relevant United States Attorney, the Criminal Division, or the Civil Rights Division; and (D) other efforts undertaken by the Department of Justice during the preceding 90 days to reduce the number of antisemitic hate crimes in the United States. (2) Appropriate congressional committees defined \nAs used in this section, the term appropriate congressional committees means— (A) the Committee on the Judiciary of the Senate; (B) the Committee on the Judiciary of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. (c) Enhanced penalties for repeat violent hate crime offenders \nSection 249 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by amending subparagraph (B) to read as follows: (B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i) the violation of this section occurs after a prior conviction under this section or a hate crime felony under State law has become final; (ii) death results from the offense; or (iii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ; and (B) in paragraph (2)(A), in clause (ii) to read as follows: (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I) the violation of this section occurs after a prior conviction under this section or a hate crime felony under State law has become final; (II) death results from the offense; or (III) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ; and (2) in subsection (c)— (A) by redesignating paragraph (5) as paragraph (6); (B) in paragraph (4), by striking and at the end; and (C) by inserting after paragraph (4) the following: (5) the term hate crime felony under State law means any crime under State law that— (A) is punishable by more than 1 year; and (B) has as an element the use, attempted use, or threatened use of physical force against the person or property of another because of any actual or perceived characteristic described in paragraph (1) or (2) of subsection (a) of the person; and.", "id": "idb106071fcc05449f9e6656c06df95c90", "header": "Improving antisemitic hate crime prevention efforts" } ]
4
1. Short title This Act may be cited as the Preventing Antisemitic Hate Crimes Act. 2. Findings Congress finds the following: (1) Jews are the targets of the majority of hate crimes committed in the United States against any religious group, including attacks on houses of worship and Jewish community centers. (2) Amid ongoing conflict in May 2021 between Israel, which is one of the closest allies of the United States, and Hamas, which is a terrorist organization and has been designated by the United States as such since 1997, media reports indicate that there has been a dramatic increase in hate crimes and violence against Jews in the United States. (3) Media reports indicate that activists and mobs acting in support of the terrorist group, Hamas, and its sympathizers have incited and perpetrated hate crimes and violence against Jews in the United States in 2021. (4) A recent survey conducted by the Anti-Defamation League indicates that 63 percent of American Jews have directly experienced or witnessed antisemitic hate incidents within the past 5 years. (5) Antisemitism has long perpetrated myths about Jews, including the Russian fabrication of the Protocols of the Elders of Zion and the wide circulation of libelous falsehoods about the Jewish murder of infants. (6) The International Holocaust Remembrance Alliance defines antisemitism as a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities. (7) In its most extreme form, antisemitism aims at the physical destruction of the Jewish people, as seen in pogroms, forced conversions, and Nazi Germany’s murder of over 6,000,000 Jews. (8) Antisemitism has included attacks on the livelihood of Jews, including prohibitions on land ownership, campaigns to boycott, confiscate, or destroy Jewish businesses, and denial of the ability of Jews to practice certain professions. (9) In the United States, Jews have suffered from systematic discrimination in the form of exclusion from home ownership in certain neighborhoods, prohibition from staying in certain hotels, restrictions upon membership in private clubs and other associations, limitations upon admission to certain educational institutions, and other barriers to equal justice under the law. (10) In the United States, Jews have faced, and continue to face, false accusations of divided loyalty between the United States and Israel, false claims that they purchase political power with money, and false accusations about control of the financial system, along with other negative stereotypes. (11) The people of the United States stand in solidarity with those affected by hate incidents directed toward the American Jewish community. 3. Review of hate crimes (a) In general Not later than 7 days after the date of enactment of this Act, the Attorney General shall designate an officer or employee of the Department of Justice whose responsibility during the applicable period shall be to facilitate the expedited review of antisemitic hate crimes (as described in section 249 of title 18, United States Code) and reports of any such crime to Federal, State, local, or Tribal law enforcement agencies. (b) Applicable period defined In this section, the term applicable period means the period beginning on the date on which the officer or employee is designated under subsection (a), and ending on the date that is 3 years after the date of enactment of this Act, except that the Attorney General may extend such period as appropriate. 4. Improving antisemitic hate crime prevention efforts (a) Guidance for law enforcement agencies The Attorney General shall issue guidance for State, local, and Tribal law enforcement agencies, pursuant to this Act and other applicable law, on how to expand public education campaigns aimed at raising awareness of antisemitic hate crimes and reaching victims that are equally effective for people with disabilities as for people without disabilities. (b) Report to congress (1) In general Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until December 31, 2024, the Attorney General shall issue a report to the appropriate congressional committees summarizing— (A) the number of hate crimes and other incidents reported to the Federal Bureau of Investigation during the preceding 90 days for which the government has reason to believe that the victim was targeted because he or she is Jewish or was perceived to be Jewish; (B) the number of active investigations into antisemitic hate crimes, disaggregated by the division of the Department of Justice responsible for the investigation; (C) the number of active prosecutions of antisemitic hate crimes, disaggregated by district, primary charge filed, and whether the prosecution is primarily conducted by the relevant United States Attorney, the Criminal Division, or the Civil Rights Division; and (D) other efforts undertaken by the Department of Justice during the preceding 90 days to reduce the number of antisemitic hate crimes in the United States. (2) Appropriate congressional committees defined As used in this section, the term appropriate congressional committees means— (A) the Committee on the Judiciary of the Senate; (B) the Committee on the Judiciary of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. (c) Enhanced penalties for repeat violent hate crime offenders Section 249 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by amending subparagraph (B) to read as follows: (B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i) the violation of this section occurs after a prior conviction under this section or a hate crime felony under State law has become final; (ii) death results from the offense; or (iii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ; and (B) in paragraph (2)(A), in clause (ii) to read as follows: (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I) the violation of this section occurs after a prior conviction under this section or a hate crime felony under State law has become final; (II) death results from the offense; or (III) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ; and (2) in subsection (c)— (A) by redesignating paragraph (5) as paragraph (6); (B) in paragraph (4), by striking and at the end; and (C) by inserting after paragraph (4) the following: (5) the term hate crime felony under State law means any crime under State law that— (A) is punishable by more than 1 year; and (B) has as an element the use, attempted use, or threatened use of physical force against the person or property of another because of any actual or perceived characteristic described in paragraph (1) or (2) of subsection (a) of the person; and.
7,351
117s2828is
117
s
2,828
is
To authorize U.S. Citizenship and Immigration Services to process employment-based immigrant visa applications after September 30, 2021, and to award such visas to eligible applicants from the pool of unused employment-based immigrant visas during fiscal years 2020 and 2021.
[ { "text": "1. Short title \nThis Act may be cited as the Preserving Employment Visas Act.", "id": "idC80C63336A8F49A29A122D9D9D475F50", "header": "Short title" }, { "text": "2. Preservation of expiring employment-based visas \n(a) In general \nNotwithstanding any other provision of law, for fiscal year 2022, the worldwide level of employment-based immigrants authorized under section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) shall be increased by the number computed under subsection (b) with respect to such worldwide levels. (b) Computation \nThe number computed under this subsection is the difference (if any) between— (1) the sum of the worldwide levels authorized under the section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) for fiscal years 2020 and 2021; and (2) the sum of the number of aliens who were issued employment-based immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) during the fiscal years referred to in paragraph (1). (c) Allocation \nThe Secretary of State, in consultation with the Secretary of Homeland Security, shall allocate the visas made available as a result of the increase authorized under subsection (a) on a proportional basis, in accordance with subsections (b) and (e)(1) of section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ). (d) Availability \nEach visa made available under this section shall remain available for use in fiscal year 2022 or in any subsequent fiscal year, until the Secretary of State, in consultation with the Secretary of Homeland Security, determines that such visa has been issued and used as the basis for an application for admission into the United States.", "id": "id8197128D71924A06A11807D8DC837D8E", "header": "Preservation of expiring employment-based visas" } ]
2
1. Short title This Act may be cited as the Preserving Employment Visas Act. 2. Preservation of expiring employment-based visas (a) In general Notwithstanding any other provision of law, for fiscal year 2022, the worldwide level of employment-based immigrants authorized under section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) shall be increased by the number computed under subsection (b) with respect to such worldwide levels. (b) Computation The number computed under this subsection is the difference (if any) between— (1) the sum of the worldwide levels authorized under the section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) for fiscal years 2020 and 2021; and (2) the sum of the number of aliens who were issued employment-based immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) during the fiscal years referred to in paragraph (1). (c) Allocation The Secretary of State, in consultation with the Secretary of Homeland Security, shall allocate the visas made available as a result of the increase authorized under subsection (a) on a proportional basis, in accordance with subsections (b) and (e)(1) of section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ). (d) Availability Each visa made available under this section shall remain available for use in fiscal year 2022 or in any subsequent fiscal year, until the Secretary of State, in consultation with the Secretary of Homeland Security, determines that such visa has been issued and used as the basis for an application for admission into the United States.
1,745
117s3256is
117
s
3,256
is
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve accountability of disaster contracts, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Disaster Contract Transparency Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Debris removal contract oversight \n(a) In general \nTitle IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ) is amended by adding at the end the following: 431. Public assistance grant program eligibility and oversight for debris removal \n(a) Definitions \nIn this section— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; (2) the term Agency means the Federal Emergency Management Agency; (3) the term covered State means a State for which a major disaster or emergency was declared under this Act during the 5-year period preceding the date on which the State requests assistance for debris removal under the public assistance grant program; (4) the term covered unit of local government means a unit of local government for which a major disaster or emergency was declared under this Act during the 5-year period preceding the date on which the State requests assistance for debris removal under the public assistance grant program; and (5) the term public assistance grant program means the public assistance grant program authorized under sections 403, 406, 407, 418, 419, 428, and 502(a). (b) Eligibility \n(1) In general \n(A) Advance contact required \nExcept as provided in subparagraph (B), a covered State or covered unit of local government shall not be eligible for assistance for debris removal under the public assistance grant program, including direct Federal assistance for debris removal provided by the Corps of Engineers, unless the covered State or covered unit of local government has in effect, prior to the major disaster or emergency declaration under this Act for which the covered State or covered unit of local government is seeking debris removal assistance, an advance contract for debris removal services that collectively provides adequate coverage, as determined by the Administrator, for debris removal for the entire State. (B) Grace period \nSubparagraph (A) shall not apply during the 1-year period beginning on the date on which a State or unit of local government becomes a covered State or covered unit of local government. (2) Reporting \nFor purposes of determining eligibility under paragraph (1), each covered State shall submit, on an annual basis, a report to the Administrator on all advanced contracts in effect for the covered State or covered units of local government within the State, including, for each advanced contract— (A) the name of the contractor; (B) the contract terms and conditions; (C) the reimbursement rates; (D) verification and oversight agreements; (E) geographic coverage of the contract; (F) capacity of contractor; and (G) debris removal assets owned by the contractor. (c) Reimbursement of debris removal contracts \nWith respect to reimbursing advance contracts for debris removal services described in subsection (b), the Administrator shall reimburse for such services at the lower of— (1) the rate of the Federal contract, if any; (2) the rate of the State advance contract, if any; or (3) the rate of the unit of local government advance contract. (d) Penalties for contractors \n(1) In general \nExcept as provided in paragraph (3), any contractor who breaches or otherwise fails to honor an advance contract for debris removal service entered into with a State or unit of local government shall not be eligible for any Federal reimbursement funds for debris removal services for not less than 10 years after the date on which the advance contract is breached. (2) Determination of breach \nA determination of whether an advance contract for debris removal service is breached or otherwise not honored under paragraph (1) shall be made by a court of competent jurisdiction. (3) Waiver of penalty \nThe Administrator may waive paragraph (1) if the Administrator determines such waiver is necessary due to— (A) a labor or supply shortage; or (B) no alternative contractors being available to perform the necessary services. (e) Oversight \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall develop and implement guidance and procedures, including clear and unambiguous rules, with respect to the oversight of debris removal contracts entered into under the public assistance grant program, including, at a minimum— (A) a requirement that— (i) all States and units of local government receiving debris removal assistance under the public assistance grant program take the primary role in the oversight function of debris removal; and (ii) the Agency shall verify compliance with the requirements of this section and any regulations promulgated under this section; (B) guidance for State and local debris monitors regarding debris removal operations, debris operations oversight, and contractor oversight, including contractor monitoring; (C) checklists, job aids, eligibility requirements, contract requirements, debris management planning guidance, and other items, as determined necessary by the Administrator, for State and local debris monitors; (D) guidance for State and local debris monitors on how to ensure that subgrant recipients meet the grant requirements and eligibility criteria for the public assistance grant program under which the grant was awarded in all areas of the debris removal operation; (E) a list of the specific debris removal monitoring responsibilities expected to be completed by a State for which a public assistance grant program grant is awarded; and (F) a list of the specific debris removal monitoring responsibilities expected to be completed by recipients of a subgrant of a grant from a public assistance grant program. (2) Review and update of guidance and procedures \nThe Administrator shall review and update the guidance and procedures required under paragraph (1) as appropriate, but not less frequently than once every 3 years. (3) Requirements \n(A) In general \nIn developing the guidance and procedures required under paragraph (1), the Administrator shall— (i) except as provided in subparagraph (B), require that not later than 45 days after a grant is awarded under the public assistance grant program for debris removal, and once every 45 days thereafter for the duration of the grant, the State shall submit a report to the Administrator on the progress of the debris removal; and (ii) ensure that oversight of debris removal operations can be accomplished in all units of local government of a State in which debris removal operations are being carried out, such as through real-time reporting on operations. (B) Waiver of reporting requirement \nThe Administrator may waive the reporting requirement described in subparagraph (A)(i), if the Administrator determines, on a case-by-case basis, that such reporting requirement would negatively impact disaster recovery efforts. (f) Training \nThe Administrator shall provide training on appropriate debris removal guidance and procedures to— (1) Agency debris monitors; and (2) appropriate State and private entities. (g) Field presence of Federal coordinating officers \n(1) In general \nThe Administrator shall develop a documented risk-based approach for grants awarded under the public assistance grant program that Federal coordinating officers appointed under section 302 can use to determine appropriate cost-effective field presence required for debris removal oversight. (2) Verifying debris amounts and reimbursement \n(A) In general \nThe Administrator shall require that any entity applying for debris removal assistance under the public assistance grant program shall, as part of the assistance application, enter into a debris removal monitoring contract to conduct oversight and verification of debris removal by contractors, which shall require that one of the verification methods approved by the Administrator under subparagraph (B) be used to conduct the oversight and verification. (B) Verification methods \nFor purposes of subparagraph (A), the Administrator shall, on an annual basis, develop and publish a list of approved verification methods, which may include— (i) a digital photograph of each load of debris to validate load tickets; (ii) a digital photograph of each truck used to haul debris to verify truck certifications; and (iii) measurements of debris piles and mulch piles for comparison and verification against a photograph described in clauses (i) and (ii). (3) Penalties for inaccurate accounting of debris removal amounts \nAny discrepancy between the reported amount of debris collected by a contractor and the verified amount, as determined using an approved verification method under paragraph (2)(B), shall incur a penalty at 2 times the reimbursement rate of the documented discrepancy.. (b) Advance contracting \nSection 691 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 791 ) is amended— (1) in subsection (b), by adding at the end the following: (5) Additional contracts \nIf it is determined under subsection (e)(2) that an advanced contract is needed for a good or service described in such subsection, the Administrator shall, to the greatest extent possible, enter into 1 or more advance contracts for that good or service. (6) Priority \nTo the greatest extent possible, the Administrator shall use advance contracts for goods and services before making new post-disaster contract awards for the same or similar goods and services. ; and (2) by adding at the end the following: (e) Annual reports \nNot later than 180 days after the date of enactment of this subsection, the Administrator shall submit to the appropriate committees of Congress a report on advanced contracts that contains— (1) a comprehensive list of advance contracts in effect as of the date the report, which shall include— (A) the contracting entity; (B) the award amount; (C) the good or service being provided under the contract; and (D) the duration of the contract; and (2) a review of the need for advance contracts that may be lacking as of the date of the report for— (A) debris removal services; (B) prefabricated and portable buildings; (C) inspection services; (D) installation of power transmission equipment; and (E) other goods and services determined by the Administrator to be appropriate for advance contracts.. (c) Effective date \nSubsections (b) and (c) of section 431 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (a) of this section, shall not take effect until the date that is 1 year after the date of enactment of this Act.", "id": "id78DDE7EAED5842229970FBC9F9AA6C58", "header": "Debris removal contract oversight" }, { "text": "431. Public assistance grant program eligibility and oversight for debris removal \n(a) Definitions \nIn this section— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; (2) the term Agency means the Federal Emergency Management Agency; (3) the term covered State means a State for which a major disaster or emergency was declared under this Act during the 5-year period preceding the date on which the State requests assistance for debris removal under the public assistance grant program; (4) the term covered unit of local government means a unit of local government for which a major disaster or emergency was declared under this Act during the 5-year period preceding the date on which the State requests assistance for debris removal under the public assistance grant program; and (5) the term public assistance grant program means the public assistance grant program authorized under sections 403, 406, 407, 418, 419, 428, and 502(a). (b) Eligibility \n(1) In general \n(A) Advance contact required \nExcept as provided in subparagraph (B), a covered State or covered unit of local government shall not be eligible for assistance for debris removal under the public assistance grant program, including direct Federal assistance for debris removal provided by the Corps of Engineers, unless the covered State or covered unit of local government has in effect, prior to the major disaster or emergency declaration under this Act for which the covered State or covered unit of local government is seeking debris removal assistance, an advance contract for debris removal services that collectively provides adequate coverage, as determined by the Administrator, for debris removal for the entire State. (B) Grace period \nSubparagraph (A) shall not apply during the 1-year period beginning on the date on which a State or unit of local government becomes a covered State or covered unit of local government. (2) Reporting \nFor purposes of determining eligibility under paragraph (1), each covered State shall submit, on an annual basis, a report to the Administrator on all advanced contracts in effect for the covered State or covered units of local government within the State, including, for each advanced contract— (A) the name of the contractor; (B) the contract terms and conditions; (C) the reimbursement rates; (D) verification and oversight agreements; (E) geographic coverage of the contract; (F) capacity of contractor; and (G) debris removal assets owned by the contractor. (c) Reimbursement of debris removal contracts \nWith respect to reimbursing advance contracts for debris removal services described in subsection (b), the Administrator shall reimburse for such services at the lower of— (1) the rate of the Federal contract, if any; (2) the rate of the State advance contract, if any; or (3) the rate of the unit of local government advance contract. (d) Penalties for contractors \n(1) In general \nExcept as provided in paragraph (3), any contractor who breaches or otherwise fails to honor an advance contract for debris removal service entered into with a State or unit of local government shall not be eligible for any Federal reimbursement funds for debris removal services for not less than 10 years after the date on which the advance contract is breached. (2) Determination of breach \nA determination of whether an advance contract for debris removal service is breached or otherwise not honored under paragraph (1) shall be made by a court of competent jurisdiction. (3) Waiver of penalty \nThe Administrator may waive paragraph (1) if the Administrator determines such waiver is necessary due to— (A) a labor or supply shortage; or (B) no alternative contractors being available to perform the necessary services. (e) Oversight \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall develop and implement guidance and procedures, including clear and unambiguous rules, with respect to the oversight of debris removal contracts entered into under the public assistance grant program, including, at a minimum— (A) a requirement that— (i) all States and units of local government receiving debris removal assistance under the public assistance grant program take the primary role in the oversight function of debris removal; and (ii) the Agency shall verify compliance with the requirements of this section and any regulations promulgated under this section; (B) guidance for State and local debris monitors regarding debris removal operations, debris operations oversight, and contractor oversight, including contractor monitoring; (C) checklists, job aids, eligibility requirements, contract requirements, debris management planning guidance, and other items, as determined necessary by the Administrator, for State and local debris monitors; (D) guidance for State and local debris monitors on how to ensure that subgrant recipients meet the grant requirements and eligibility criteria for the public assistance grant program under which the grant was awarded in all areas of the debris removal operation; (E) a list of the specific debris removal monitoring responsibilities expected to be completed by a State for which a public assistance grant program grant is awarded; and (F) a list of the specific debris removal monitoring responsibilities expected to be completed by recipients of a subgrant of a grant from a public assistance grant program. (2) Review and update of guidance and procedures \nThe Administrator shall review and update the guidance and procedures required under paragraph (1) as appropriate, but not less frequently than once every 3 years. (3) Requirements \n(A) In general \nIn developing the guidance and procedures required under paragraph (1), the Administrator shall— (i) except as provided in subparagraph (B), require that not later than 45 days after a grant is awarded under the public assistance grant program for debris removal, and once every 45 days thereafter for the duration of the grant, the State shall submit a report to the Administrator on the progress of the debris removal; and (ii) ensure that oversight of debris removal operations can be accomplished in all units of local government of a State in which debris removal operations are being carried out, such as through real-time reporting on operations. (B) Waiver of reporting requirement \nThe Administrator may waive the reporting requirement described in subparagraph (A)(i), if the Administrator determines, on a case-by-case basis, that such reporting requirement would negatively impact disaster recovery efforts. (f) Training \nThe Administrator shall provide training on appropriate debris removal guidance and procedures to— (1) Agency debris monitors; and (2) appropriate State and private entities. (g) Field presence of Federal coordinating officers \n(1) In general \nThe Administrator shall develop a documented risk-based approach for grants awarded under the public assistance grant program that Federal coordinating officers appointed under section 302 can use to determine appropriate cost-effective field presence required for debris removal oversight. (2) Verifying debris amounts and reimbursement \n(A) In general \nThe Administrator shall require that any entity applying for debris removal assistance under the public assistance grant program shall, as part of the assistance application, enter into a debris removal monitoring contract to conduct oversight and verification of debris removal by contractors, which shall require that one of the verification methods approved by the Administrator under subparagraph (B) be used to conduct the oversight and verification. (B) Verification methods \nFor purposes of subparagraph (A), the Administrator shall, on an annual basis, develop and publish a list of approved verification methods, which may include— (i) a digital photograph of each load of debris to validate load tickets; (ii) a digital photograph of each truck used to haul debris to verify truck certifications; and (iii) measurements of debris piles and mulch piles for comparison and verification against a photograph described in clauses (i) and (ii). (3) Penalties for inaccurate accounting of debris removal amounts \nAny discrepancy between the reported amount of debris collected by a contractor and the verified amount, as determined using an approved verification method under paragraph (2)(B), shall incur a penalty at 2 times the reimbursement rate of the documented discrepancy.", "id": "idAFEE502BD24644C9AB094398BF214ED4", "header": "Public assistance grant program eligibility and oversight for debris removal" } ]
3
1. Short title This Act may be cited as the Disaster Contract Transparency Act of 2021. 2. Debris removal contract oversight (a) In general Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ) is amended by adding at the end the following: 431. Public assistance grant program eligibility and oversight for debris removal (a) Definitions In this section— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; (2) the term Agency means the Federal Emergency Management Agency; (3) the term covered State means a State for which a major disaster or emergency was declared under this Act during the 5-year period preceding the date on which the State requests assistance for debris removal under the public assistance grant program; (4) the term covered unit of local government means a unit of local government for which a major disaster or emergency was declared under this Act during the 5-year period preceding the date on which the State requests assistance for debris removal under the public assistance grant program; and (5) the term public assistance grant program means the public assistance grant program authorized under sections 403, 406, 407, 418, 419, 428, and 502(a). (b) Eligibility (1) In general (A) Advance contact required Except as provided in subparagraph (B), a covered State or covered unit of local government shall not be eligible for assistance for debris removal under the public assistance grant program, including direct Federal assistance for debris removal provided by the Corps of Engineers, unless the covered State or covered unit of local government has in effect, prior to the major disaster or emergency declaration under this Act for which the covered State or covered unit of local government is seeking debris removal assistance, an advance contract for debris removal services that collectively provides adequate coverage, as determined by the Administrator, for debris removal for the entire State. (B) Grace period Subparagraph (A) shall not apply during the 1-year period beginning on the date on which a State or unit of local government becomes a covered State or covered unit of local government. (2) Reporting For purposes of determining eligibility under paragraph (1), each covered State shall submit, on an annual basis, a report to the Administrator on all advanced contracts in effect for the covered State or covered units of local government within the State, including, for each advanced contract— (A) the name of the contractor; (B) the contract terms and conditions; (C) the reimbursement rates; (D) verification and oversight agreements; (E) geographic coverage of the contract; (F) capacity of contractor; and (G) debris removal assets owned by the contractor. (c) Reimbursement of debris removal contracts With respect to reimbursing advance contracts for debris removal services described in subsection (b), the Administrator shall reimburse for such services at the lower of— (1) the rate of the Federal contract, if any; (2) the rate of the State advance contract, if any; or (3) the rate of the unit of local government advance contract. (d) Penalties for contractors (1) In general Except as provided in paragraph (3), any contractor who breaches or otherwise fails to honor an advance contract for debris removal service entered into with a State or unit of local government shall not be eligible for any Federal reimbursement funds for debris removal services for not less than 10 years after the date on which the advance contract is breached. (2) Determination of breach A determination of whether an advance contract for debris removal service is breached or otherwise not honored under paragraph (1) shall be made by a court of competent jurisdiction. (3) Waiver of penalty The Administrator may waive paragraph (1) if the Administrator determines such waiver is necessary due to— (A) a labor or supply shortage; or (B) no alternative contractors being available to perform the necessary services. (e) Oversight (1) In general Not later than 180 days after the date of enactment of this section, the Administrator shall develop and implement guidance and procedures, including clear and unambiguous rules, with respect to the oversight of debris removal contracts entered into under the public assistance grant program, including, at a minimum— (A) a requirement that— (i) all States and units of local government receiving debris removal assistance under the public assistance grant program take the primary role in the oversight function of debris removal; and (ii) the Agency shall verify compliance with the requirements of this section and any regulations promulgated under this section; (B) guidance for State and local debris monitors regarding debris removal operations, debris operations oversight, and contractor oversight, including contractor monitoring; (C) checklists, job aids, eligibility requirements, contract requirements, debris management planning guidance, and other items, as determined necessary by the Administrator, for State and local debris monitors; (D) guidance for State and local debris monitors on how to ensure that subgrant recipients meet the grant requirements and eligibility criteria for the public assistance grant program under which the grant was awarded in all areas of the debris removal operation; (E) a list of the specific debris removal monitoring responsibilities expected to be completed by a State for which a public assistance grant program grant is awarded; and (F) a list of the specific debris removal monitoring responsibilities expected to be completed by recipients of a subgrant of a grant from a public assistance grant program. (2) Review and update of guidance and procedures The Administrator shall review and update the guidance and procedures required under paragraph (1) as appropriate, but not less frequently than once every 3 years. (3) Requirements (A) In general In developing the guidance and procedures required under paragraph (1), the Administrator shall— (i) except as provided in subparagraph (B), require that not later than 45 days after a grant is awarded under the public assistance grant program for debris removal, and once every 45 days thereafter for the duration of the grant, the State shall submit a report to the Administrator on the progress of the debris removal; and (ii) ensure that oversight of debris removal operations can be accomplished in all units of local government of a State in which debris removal operations are being carried out, such as through real-time reporting on operations. (B) Waiver of reporting requirement The Administrator may waive the reporting requirement described in subparagraph (A)(i), if the Administrator determines, on a case-by-case basis, that such reporting requirement would negatively impact disaster recovery efforts. (f) Training The Administrator shall provide training on appropriate debris removal guidance and procedures to— (1) Agency debris monitors; and (2) appropriate State and private entities. (g) Field presence of Federal coordinating officers (1) In general The Administrator shall develop a documented risk-based approach for grants awarded under the public assistance grant program that Federal coordinating officers appointed under section 302 can use to determine appropriate cost-effective field presence required for debris removal oversight. (2) Verifying debris amounts and reimbursement (A) In general The Administrator shall require that any entity applying for debris removal assistance under the public assistance grant program shall, as part of the assistance application, enter into a debris removal monitoring contract to conduct oversight and verification of debris removal by contractors, which shall require that one of the verification methods approved by the Administrator under subparagraph (B) be used to conduct the oversight and verification. (B) Verification methods For purposes of subparagraph (A), the Administrator shall, on an annual basis, develop and publish a list of approved verification methods, which may include— (i) a digital photograph of each load of debris to validate load tickets; (ii) a digital photograph of each truck used to haul debris to verify truck certifications; and (iii) measurements of debris piles and mulch piles for comparison and verification against a photograph described in clauses (i) and (ii). (3) Penalties for inaccurate accounting of debris removal amounts Any discrepancy between the reported amount of debris collected by a contractor and the verified amount, as determined using an approved verification method under paragraph (2)(B), shall incur a penalty at 2 times the reimbursement rate of the documented discrepancy.. (b) Advance contracting Section 691 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 791 ) is amended— (1) in subsection (b), by adding at the end the following: (5) Additional contracts If it is determined under subsection (e)(2) that an advanced contract is needed for a good or service described in such subsection, the Administrator shall, to the greatest extent possible, enter into 1 or more advance contracts for that good or service. (6) Priority To the greatest extent possible, the Administrator shall use advance contracts for goods and services before making new post-disaster contract awards for the same or similar goods and services. ; and (2) by adding at the end the following: (e) Annual reports Not later than 180 days after the date of enactment of this subsection, the Administrator shall submit to the appropriate committees of Congress a report on advanced contracts that contains— (1) a comprehensive list of advance contracts in effect as of the date the report, which shall include— (A) the contracting entity; (B) the award amount; (C) the good or service being provided under the contract; and (D) the duration of the contract; and (2) a review of the need for advance contracts that may be lacking as of the date of the report for— (A) debris removal services; (B) prefabricated and portable buildings; (C) inspection services; (D) installation of power transmission equipment; and (E) other goods and services determined by the Administrator to be appropriate for advance contracts.. (c) Effective date Subsections (b) and (c) of section 431 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (a) of this section, shall not take effect until the date that is 1 year after the date of enactment of this Act. 431. Public assistance grant program eligibility and oversight for debris removal (a) Definitions In this section— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; (2) the term Agency means the Federal Emergency Management Agency; (3) the term covered State means a State for which a major disaster or emergency was declared under this Act during the 5-year period preceding the date on which the State requests assistance for debris removal under the public assistance grant program; (4) the term covered unit of local government means a unit of local government for which a major disaster or emergency was declared under this Act during the 5-year period preceding the date on which the State requests assistance for debris removal under the public assistance grant program; and (5) the term public assistance grant program means the public assistance grant program authorized under sections 403, 406, 407, 418, 419, 428, and 502(a). (b) Eligibility (1) In general (A) Advance contact required Except as provided in subparagraph (B), a covered State or covered unit of local government shall not be eligible for assistance for debris removal under the public assistance grant program, including direct Federal assistance for debris removal provided by the Corps of Engineers, unless the covered State or covered unit of local government has in effect, prior to the major disaster or emergency declaration under this Act for which the covered State or covered unit of local government is seeking debris removal assistance, an advance contract for debris removal services that collectively provides adequate coverage, as determined by the Administrator, for debris removal for the entire State. (B) Grace period Subparagraph (A) shall not apply during the 1-year period beginning on the date on which a State or unit of local government becomes a covered State or covered unit of local government. (2) Reporting For purposes of determining eligibility under paragraph (1), each covered State shall submit, on an annual basis, a report to the Administrator on all advanced contracts in effect for the covered State or covered units of local government within the State, including, for each advanced contract— (A) the name of the contractor; (B) the contract terms and conditions; (C) the reimbursement rates; (D) verification and oversight agreements; (E) geographic coverage of the contract; (F) capacity of contractor; and (G) debris removal assets owned by the contractor. (c) Reimbursement of debris removal contracts With respect to reimbursing advance contracts for debris removal services described in subsection (b), the Administrator shall reimburse for such services at the lower of— (1) the rate of the Federal contract, if any; (2) the rate of the State advance contract, if any; or (3) the rate of the unit of local government advance contract. (d) Penalties for contractors (1) In general Except as provided in paragraph (3), any contractor who breaches or otherwise fails to honor an advance contract for debris removal service entered into with a State or unit of local government shall not be eligible for any Federal reimbursement funds for debris removal services for not less than 10 years after the date on which the advance contract is breached. (2) Determination of breach A determination of whether an advance contract for debris removal service is breached or otherwise not honored under paragraph (1) shall be made by a court of competent jurisdiction. (3) Waiver of penalty The Administrator may waive paragraph (1) if the Administrator determines such waiver is necessary due to— (A) a labor or supply shortage; or (B) no alternative contractors being available to perform the necessary services. (e) Oversight (1) In general Not later than 180 days after the date of enactment of this section, the Administrator shall develop and implement guidance and procedures, including clear and unambiguous rules, with respect to the oversight of debris removal contracts entered into under the public assistance grant program, including, at a minimum— (A) a requirement that— (i) all States and units of local government receiving debris removal assistance under the public assistance grant program take the primary role in the oversight function of debris removal; and (ii) the Agency shall verify compliance with the requirements of this section and any regulations promulgated under this section; (B) guidance for State and local debris monitors regarding debris removal operations, debris operations oversight, and contractor oversight, including contractor monitoring; (C) checklists, job aids, eligibility requirements, contract requirements, debris management planning guidance, and other items, as determined necessary by the Administrator, for State and local debris monitors; (D) guidance for State and local debris monitors on how to ensure that subgrant recipients meet the grant requirements and eligibility criteria for the public assistance grant program under which the grant was awarded in all areas of the debris removal operation; (E) a list of the specific debris removal monitoring responsibilities expected to be completed by a State for which a public assistance grant program grant is awarded; and (F) a list of the specific debris removal monitoring responsibilities expected to be completed by recipients of a subgrant of a grant from a public assistance grant program. (2) Review and update of guidance and procedures The Administrator shall review and update the guidance and procedures required under paragraph (1) as appropriate, but not less frequently than once every 3 years. (3) Requirements (A) In general In developing the guidance and procedures required under paragraph (1), the Administrator shall— (i) except as provided in subparagraph (B), require that not later than 45 days after a grant is awarded under the public assistance grant program for debris removal, and once every 45 days thereafter for the duration of the grant, the State shall submit a report to the Administrator on the progress of the debris removal; and (ii) ensure that oversight of debris removal operations can be accomplished in all units of local government of a State in which debris removal operations are being carried out, such as through real-time reporting on operations. (B) Waiver of reporting requirement The Administrator may waive the reporting requirement described in subparagraph (A)(i), if the Administrator determines, on a case-by-case basis, that such reporting requirement would negatively impact disaster recovery efforts. (f) Training The Administrator shall provide training on appropriate debris removal guidance and procedures to— (1) Agency debris monitors; and (2) appropriate State and private entities. (g) Field presence of Federal coordinating officers (1) In general The Administrator shall develop a documented risk-based approach for grants awarded under the public assistance grant program that Federal coordinating officers appointed under section 302 can use to determine appropriate cost-effective field presence required for debris removal oversight. (2) Verifying debris amounts and reimbursement (A) In general The Administrator shall require that any entity applying for debris removal assistance under the public assistance grant program shall, as part of the assistance application, enter into a debris removal monitoring contract to conduct oversight and verification of debris removal by contractors, which shall require that one of the verification methods approved by the Administrator under subparagraph (B) be used to conduct the oversight and verification. (B) Verification methods For purposes of subparagraph (A), the Administrator shall, on an annual basis, develop and publish a list of approved verification methods, which may include— (i) a digital photograph of each load of debris to validate load tickets; (ii) a digital photograph of each truck used to haul debris to verify truck certifications; and (iii) measurements of debris piles and mulch piles for comparison and verification against a photograph described in clauses (i) and (ii). (3) Penalties for inaccurate accounting of debris removal amounts Any discrepancy between the reported amount of debris collected by a contractor and the verified amount, as determined using an approved verification method under paragraph (2)(B), shall incur a penalty at 2 times the reimbursement rate of the documented discrepancy.
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To require the purchase of domestically made flags of the United States of America for use by the Federal Government.
[ { "text": "1. Short title \nThis Act may be cited as the All-American Flag Act.", "id": "S1", "header": "Short title" }, { "text": "2. Requirement for agencies to buy domestically made United States flags \n(a) Requirement for agencies To buy domestically made United States flags \n(1) In general \nChapter 63 of title 41, United States Code, is amended by adding at the end the following new section: 6310. Requirement for agencies to buy domestically made United States flags \n(a) Requirement \nExcept as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been grown or 100 percent produced or manufactured in the United States. (b) Availability exception \nSubsection (a) does not apply to the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such subsection cannot be procured as and when needed at United States market prices. (c) Exception for certain procurements \nSubsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency. (3) Procurements for amounts less than the simplified acquisition threshold. (d) Presidential waiver \n(1) In general \nThe President may waive the requirement in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United States is a party. (2) Notice of waiver \nNot later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register. (e) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term executive agency in section 102 of title 40. (2) Simplified acquisition threshold \nThe term simplified acquisition threshold has the meaning given that term in section 134.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 6310. Requirement for agencies to buy domestically made United States flags.. (b) Applicability \nSection 6310 of title 41, United States Code, as added by subsection (a)(1), shall apply with respect to any contract entered into on or after the date that is 180 days after the date of the enactment of this Act.", "id": "idD7BD7872EF1A4D8895BA7B00E2659C50", "header": "Requirement for agencies to buy domestically made United States flags" }, { "text": "6310. Requirement for agencies to buy domestically made United States flags \n(a) Requirement \nExcept as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been grown or 100 percent produced or manufactured in the United States. (b) Availability exception \nSubsection (a) does not apply to the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such subsection cannot be procured as and when needed at United States market prices. (c) Exception for certain procurements \nSubsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency. (3) Procurements for amounts less than the simplified acquisition threshold. (d) Presidential waiver \n(1) In general \nThe President may waive the requirement in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United States is a party. (2) Notice of waiver \nNot later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register. (e) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term executive agency in section 102 of title 40. (2) Simplified acquisition threshold \nThe term simplified acquisition threshold has the meaning given that term in section 134.", "id": "idBC75387F2D144EDAB7C080AE23EA151D", "header": "Requirement for agencies to buy domestically made United States flags" } ]
3
1. Short title This Act may be cited as the All-American Flag Act. 2. Requirement for agencies to buy domestically made United States flags (a) Requirement for agencies To buy domestically made United States flags (1) In general Chapter 63 of title 41, United States Code, is amended by adding at the end the following new section: 6310. Requirement for agencies to buy domestically made United States flags (a) Requirement Except as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been grown or 100 percent produced or manufactured in the United States. (b) Availability exception Subsection (a) does not apply to the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such subsection cannot be procured as and when needed at United States market prices. (c) Exception for certain procurements Subsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency. (3) Procurements for amounts less than the simplified acquisition threshold. (d) Presidential waiver (1) In general The President may waive the requirement in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United States is a party. (2) Notice of waiver Not later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register. (e) Definitions In this section: (1) Agency The term agency has the meaning given the term executive agency in section 102 of title 40. (2) Simplified acquisition threshold The term simplified acquisition threshold has the meaning given that term in section 134.. (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 6310. Requirement for agencies to buy domestically made United States flags.. (b) Applicability Section 6310 of title 41, United States Code, as added by subsection (a)(1), shall apply with respect to any contract entered into on or after the date that is 180 days after the date of the enactment of this Act. 6310. Requirement for agencies to buy domestically made United States flags (a) Requirement Except as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been grown or 100 percent produced or manufactured in the United States. (b) Availability exception Subsection (a) does not apply to the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such subsection cannot be procured as and when needed at United States market prices. (c) Exception for certain procurements Subsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency. (3) Procurements for amounts less than the simplified acquisition threshold. (d) Presidential waiver (1) In general The President may waive the requirement in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United States is a party. (2) Notice of waiver Not later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register. (e) Definitions In this section: (1) Agency The term agency has the meaning given the term executive agency in section 102 of title 40. (2) Simplified acquisition threshold The term simplified acquisition threshold has the meaning given that term in section 134.
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